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HomeMy WebLinkAbout07/28/2005 P&Z minutes 27-05 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-27-05 Hearing Date: July 28, 2005 PROPERTY ADDRESS: 109 Mac Arthur Boulevard PETITIONER/OWNER: Matthew and Gigi O'Mara 109 Mac Arthur Boulevard, Mount Prospect, IL 60056 PUBLICATION DATE: July 13, 2005 PIN#: 03-33-423-012-0000 REQUEST: Conditional Use - Circular Driveway MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Marlys Haaland Ronald Roberts Richard Rogers MEMBERS ABSENT: Leo Floros Keith Youngquist STAFF MEMBERS PRESENT: Clare Sloan, Neighborhood Planner Jason Zawila, Long Range Planner Elizabeth Schuh, Planning Intern Christina Park, Planning Intern Ellen Divita, Deputy Director, Community Development INTERESTED PARTIES: Gigi Matthew Bob Fata Jeffrey Everett Nancy Fritz Don Churchill Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the June 23, 2005 meeting and Joseph Donnelly seconded the motion. The motion was approved 5-0. At 8:32 PM Ms. Juracek introduced Case No. PZ-27-05 a request for Variance for a Circular Drive way at 109 Mac Arthur. She said that this case would be Village Board Final. Elizabeth Schuh, Planning Intern, summarized the request. She said that the Subject Property is located on the north side of Mac Arthur Blvd between Withorn Lane and Forest Avenue. The Subject Property is zoned RX Single Family Residence and is bordered by single-family zoning districts on all sides. The petitioner intends to demolish the existing house and construct a new house and related site improvements. Similar to other requests for circular driveways, this street does not have sidewalks or curb and gutter, and the street pavement width is 27 feet (which is 1 foot less than the current code requirement). The Subject Property is drained by a ditch and culvert system. The Petitioner intends to construct a new house and related site improvements that will meet Village Code requirements. However, the proposed circular driveway requires Conditional Use approval. The proposed circular driveway measures 12-feet wide and would connect to a 'standard' 20 -30' wide driveway. The attached site plan shows that the proposed driveway, to be constructed of brick pavers, would cover 41 % of the front yard. Additionally, the Petitioner plans to construct a two-car garage and a single car garage. Staff discussed the need for a Conditional Use for the second garage, which is attached to the house by a roofed, unenclosed porch. PZ-27 -05 Planning & Zoning Commission Meeting July 28, 2005 Page 2 However, the Director of Community Development determined that since both garages are attached to the house, Conditional Use Approval is not required for the proposed garages. If either or both garages had been detached, a Conditional Use Approval would have been required. The standards for Conditional Uses are listed in the Village Zoning Ordinance. The section contains specific findings that must be made in order to approve a Conditional Use. Ms Schuh summarized the standards and said that as with other requests for circular driveways, Staff evaluated traffic patterns in the neighborhood of the Subject Property. It has been Staff policy to support requests for circular driveways when the Subject Property fronts on an arterial street and/or the traffic volume is such that a circular driveway is necessary to resolve a safety conflict. In this case, the street has a minimally substandard pavement width (1 foot short of the 28 feet required), but it is a Local Street intended to serve only vehicle trips generated within the neighborhood. The Police Department reviewed the request and deferred to the Traffic Engineer's findings. The Village's Traffic Engineer did not find that the volume of traffic along Mac Arthur Boulevard would impede the Petitioner from backing out of the driveway. The Petitioner's submittal calls for a 12-foot wide, brick paver, circular driveway that results in 41 % front yard lot coverage. Historically, Staff has used the 35% front yard coverage referenced in the Zoning Ordinance as a guideline to determine the impact of the circular driveway on the neighborhood character. Although the site complies with overall lot coverage requirements and brick pavers are an attractive alternative to a concrete driveway, the lot coverage in the front yard is an issue. The proposed 41 % front yard coverage would create an amount of paved surface in the front yard in excess of the coverage generally present in the neighborhood. Staff conducted a site visit and found two circular drives in the immediate vicinity of the subject property. The first is located at 212 Mac Arthur Boulevard on a comer lot and appears to have been installed before a Conditional Use Permit was required for circular driveways. The second is located at 1006 W Isabella. The owner of this property applied for a conditional use for the driveway and front porch encroachment into the setback. The Zoning Board of Appeals recommended that the conditional use request for a circular drive be denied. However, the Village Board approved the request after the petitioner reduced the number of curb cuts from three to two, reoriented the garage, and reduced the lot coverage to comply with the 35% limit. After the staff report was completed, staff surveyed the full subdivision and found three additional circular drives, located at 401 Mac Arthur, 902 Gregory, and 303 Dale. 401 Mac Arthur appears to have been installed before a Conditional Use Permit was required for circular driveways. 902 Gregory and 303 Dale were installed in 1961 and 1992, respectively, and also before a Conditional Use Permit was required. The proposed circular driveway fails to meet the Conditional Use standards of the Zoning Ordinance because the circular driveway is not needed to resolve a safety issue and the amount of front yard lot coverage exceeds 35%. Based on these findings, Staff recommends that the Planning and Zoning Commission deny the following motion: "To approve a Conditional Use permit for a circular driveway for the residence at 109 Mac Arthur Boulevard, Case No. PZ-27-05." The Village Board's decision is final for this case. The property owner Matthew O'Mara and Architect Jeffrey Everett were sworn in. Matthew O'Mara spoke briefly about safety issues on the street. Ms. Juracek confirmed that the current house will be demolished. Jeffrey Everett stated that the property was within the overall 35% lot coverage. The petitioners discussed options for reducing lot coverage, such as a turnaround or narrowing the proposed width, with Joseph Donnelly. Richard Rogers noted the size of the driveway and the large number of cars that could be parked on the standard drive without using the circular drive. Mr. O'Mara stated that his concern was not for the number of cars that could be parked on the driveway, but to provide a safe place for his daughter to play. Ms. Juracek asked why the petitioner would choose to tear down his existing house and build a new house if the location was unsafe for his daughter. Ms. Juracek also stated that she was concerned about the lot coverage in the front yard, and thought that the large lots in the neighborhood and the large, standard driveway provided ample play space without adding additional pavement to the front yard in an area where the large, green lots are a feature of the neighborhood. PZ-27 -05 Planning & Zoning Commission Meeting July 28, 2005 Page 3 Ronald Roberts asked the petitioner if safety was an issue when backing out of the driveway. The petitioner confirmed that cars speeding around the curve could be a problem, and that he had almost been hit by a van while backing out of his driveway that evening. Mr. Roberts also asked if a landscape plan exists. Mr. O'Mara stated that there is currently no final landscape plan. Marlys Haaland confirmed that both the standard and circular driveway would be constructed of brick pavers. Nancy Fritz of 103 Mac Arthur Boulevard was sworn in. She stated that although people do speed on the street, she does not consider it to be of greater concern than on any other street. She has also raised children in the neighborhood, but thinks that the yards provide enough space for children to play. Ms. Fritz opposes the circular driveway because the amount of pavement in the front yard would hurt the rural, green feel of the neighborhood. Bob Fata of 110 Mac Arthur was sworn in. He stated that he understood the O'Mara's desire to have a circular drive, and he liked the results at 1006 Isabella. Mr. Fata was concerned about the problem of snow removal because the removal of snow from 109 Mac Arthur leads to a large amount of snow being deposited near his driveway, which blocks visibility. Ms. Juracek confirmed that the Isabella Circular Drive was approved because it minimized lot coverage and included a landscape plan, and that Mr. Fata was concerned about the snow being deposited on his property. Don Churchill of 107 Mac Arthur was sworn in. He said that he supported the Petitioner's request and confirmed that fast drivers were a concern in the neighborhood. He confirmed that he had also seen a van almost run into the O'Mara's while they were backing out of the driveway earlier that day and stressed that many drivers coming from the High School use the street as a cut through. Matthew O'Mara came forward to respond to Ms. Juracek's concerns involving snow removal and landscaping. Ms. Juracek also asked if the petitioner would instead install a turnaround with one curb cut rather than a circular drive. Mr. O'Mara stated that they were open to options like the turnaround, but that they had originally liked the circular driveway because it provided easy access to the front door and they were concerned about safety issues. Mr. O'Mara also stated that the he was unaware that his snow removal was causing problems for his neighbors, and that he had helped other neighbors remove snow from their yards. Mr. Donnelly asked the petitioner if he would agree to a condition that cars could not be parked on the circular drive overnight. Mr. O'Mara said that he would agree. Mr. Rogers noted that 11 cars could be parked on the driveway with the addition of the circular drive. Mr. O'Mara stated that he did not plan to park that many cars on the driveway, and that they intended to install landscaping and brick paving which would add to the aesthetics of the area. Ms. Juracek asked if the Petitioner would consider installing a turnaround instead of a circular drive, and confirmed with staff that this would not require a conditional use. Mr. O'Mara stated that they had been considering the project for some time, and that the circular drive was something they wanted to pursue. Ms. Juracek offered the petitioner the opportunity to change his plans to include a turnaround and withdraw his case before the commission voted. The Petitioner chose to seek a vote. Ms. Juracek asked if there were any questions from the audience. There were none and the Public Hearing was closed. Joseph Donnelly made a motion to approve a Conditional Use to construct a Circular Drive as shown on the Petitioner's site plan, Case No. PZ-27-05, 109 Mac Arthur Boulevard, with the condition that no overnight parking be allowed on the driveway. Richard Rogers amended that request to include the condition that the driveway be constructed of brick pavers. Richard Rogers seconded the motion. PZ-27-05 Planning & Zoning Commission Meeting July 28, 2005 Page 4 UPON ROLL CALL: AYES: Roberts NAYS: Donnelly, Haaland, Rogers, Juracek Motion was denied 1-4. Elizabeth Schuh, Planning Intern /kd C:\Documcnts and Scuings\kdewis\Local Scttings\Temporary Internet Filcs\OLK2\PZ-27.05 109 Mac Arthur Blvd - CU circular drive 7-28-051.doc