Loading...
HomeMy WebLinkAbout08/24/2006 P&Z minutes 21-06 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-21-06 Hearing Date: August 24, 2006 PROPERTY ADDRESS: 2838 S. Briarwood Drive East PETITIONERS: Bruno and Karen Zaucha PUBLICATION DATE: July 12, 2006 PIN NUMBERS: 08-22-200-128-0000 & 08-22-200-051-0000 REQUESTS :Variations (Rear Yard Setback and Lot Coverage) MEMBERS PRESENT: Arlene Juracek, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Richard Rogers Keith Youngquist Mary Johnson, Alternate MEMBERS ABSENT: STAFF MEMBERS PRESENT: Jason Zawila, Long Range Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES : Bruno and Karen Zaucha Chairperson Arlene Juracek called the meeting to order at 7:31 p.m. Richard Rogers moved to approve the minutes of the July 27, 2006 meeting and Joseph Donnelly seconded the motion. The motion was approved 5-0, with Ronald Roberts, Keith Youngquist, and Arlene Juracek abstaining from the vote. Richard Rogers made a motion to continue cases PZ-14-06 and PZ-17-06 to the September 28, 2006, Planning and Zoning Commission Meeting. Marlys Haaland seconded the motion. The motion was approved 8-0. Chairperson Juracek introduced Case Number PZ-21-06 at 7:35 p.m.; a request to construct a patio requiring relief from the required setback and lot coverage limitation. This Case was continued from the July 27, 2006 Planning and Zoning Commission. Chairperson Juracek thanked the Commission for a good discussion regarding this case during the last meeting. Jason Zawila, Long Range Planner, said the Subject Property was developed under Cook County regulations and was later annexed into Mount Prospect. He stated that the Subject Property is comprised of two (2) parcels. It is located on the west side of Briarwood Drive East, south of Algonquin Road, and contains a single-family residence with related improvements. He said the Subject Property is zoned R1 Single Family Residence and is bordered on all sides by the R1 District. He stated that the Subject Property abuts a private lake, Lake Briarwood, and measures 10,593.8square feet, which exceeds the minimum lot size required by zoning regulations; however, the Subject Property has a substandard lot depth and measures only 112.7 feet although the minimum lot depth required by Village Code is 125 feet. Mr. Zawila stated that since the July Planning & Zoning meeting, the Petitioner reduced the size of the proposed patio. Also, as part of the proposal, a portion of the rear service walk will be removed. He said the amount of the service walk pavement to be removed and the size of the existing wood deck to be removed are approximately the Arlene Juracek, Chair PZ-21-06 (2) Planning & Zoning Commission Meeting August 24, 2006 Page 2 same size of the proposed patio. He showed an exhibit illustrating the Petitioner’s proposal to install a 240 square foot patio zero (0) feet from the rear lot line. Mr. Zawila stated that Staff confirmed with the Village Attorney that the replacement of the deck with a patio is an “alteration” under the Village Code. He said the Petitioner has the right to make the alteration as long as they do not expand the nonconforming rear setback. He stated they do not need any action as to the rear yard setback; however, it is not just an alteration; it is also a “replacement” as contemplated by the last paragraph of Village Code Section 14.402. As such, it must meet the lot coverage requirements, which it does not. He said that necessitates a Variation, which is the within the jurisdiction of Planning & Zoning Commission, and their determination is final because the request is less than 25 percent of the Village Code regulation. Mr. Zawila stated that the Petitioner proposes to remove an old wood deck that is located on the rear lot line as well as a portion of a service walk in order to construct a 240 square foot patio and maintain the same amount of lot coverage. He said Staff conducted a site inspection and observed that several homes in the area have similar structures in the required rear yard. Mr. Zawila stated that as the Petitioner explains in their application, the Subject Property is a lake front property and the Village’s regulations do not include provisions for this type of development. In addition, the Subject Property was developed under County regulations, which creates challenges when the site is later required to conform to another jurisdiction’s regulations. He said the Petitioner’s revised design indicates their intent to comply with Village Codes within the physical constraints of the Subject Property. Mr. Zawila stated that the Petitioner is seeking a Variation to maintain the existing amount of lot coverage, which exceeds the 45 percent limitation for the R1 District. He said lot coverage is an important consideration because it impacts the aesthetics of a property as well as runoff. He stated in this situation, Lake Briarwood is a floodplain, and portions of the Subject Property are located in the floodplain. Mr. Zawila stated that since the July P&Z meeting, the Petitioner has met with an Engineer, who has done a significant amount of floodplain work in Mount Prospect. He said after conducting a site inspection, the Engineer informed the Petitioner that compensatory storage would most likely not be required; however, plans were not submitted for Staff review, so Staff cannot confirm the Engineer’s determination. Nevertheless, compensatory storage is a building permit issue that would need to be resolved if Variation approval is granted. Mr. Zawila said Staff found that replacing the wood deck with a similar size patio would meet the standards for a Variation because the site was developed under County regulations and the site would maintain the existing amount of lot coverage. He stated that the Village’s Engineering Division did not object to maintaining the existing amount of lot coverage. Mr. Zawila said the Variation request to maintain the existing amount of lot coverage meets the standards for a Variation contained in Village Code Section 14.203.C.9 of the Zoning Ordinance because the Petitioner is not increasing the intensity of the required Variation to replace the wood deck with a similar structure. Based on this approve analysis, Staff recommends that the P&Z the following motion: "To approve a Variation to maintain the existing amount of lot coverage, which is 48.7 percent, to allow for the construction of a 240 square foot brick paver patio to be located in the required rear setback, as shown on the Petitioner’s site plan, date stamped August 7, 2006, for the residence at 2838 Briarwood Drive East, Case Number PZ-21-06, subject to the Petitioner consolidating the site and creating a one-lot subdivision." Mr. Zawila said the Planning & Zoning Commission’s decision is final for this case because the amount of the Variation does not exceed 25 percent of the Zoning Ordinance requirement. rlene Juracek, Chair PZ-21-06 (2) Planning & Zoning Commission Meeting August 24, 2006 Page 3 Chairperson Juracek asked if the Commission had questions for Staff. Joseph Donnelly asked if the consolidation is necessary since the patio is only located on one side of the property. Mr. Zawila stated that the consolidation is necessary to calculate lot coverage and to consider approval for the zoning regulations. There was further discussion regarding consolidation of the two lots and consensus was voiced by Mr. Zaucha and the Commission that consolidation of the lots was the correct course of action. Mr. Donnelly asked if the way the Commission is approving the 45 percent lot coverage would allow the Petitioner the option of taking out the patio and putting on a 240 square foot addition. Mr. Zawila stated that the Petitioner would need to come back before the Planning and Zoning Commission because this approval pertains to a patio only. Mr. Donnelly asked if any additional correspondence had been received from the neighbors. Mr. Zawila stated that no new correspondence from neighbors came in on this case. Chairperson Juracek asked the Petitioner if he would like to address the Commission. Bruno Zaucha, 2838 South Briarwood Drive East, Mount Prospect, Illinois was sworn in before the Commission at the July 27, 2006 meeting. Mr. Zaucha gave a brief summary on the process of revising his submission. He stated that he worked closely with an engineer during the revision process. Mr. Rogers asked if any portion of the patio was going to be raised above ground level. Mr. Zaucha stated that the new patio would be flush with the ground. Mr. Rogers stated that this proposed plan would actually reduce the amount of compensatory storage needed for the property. Mr. Rogers thanked Mr. Zaucha for revising his plans and working with Staff. Mr. Donnelly thanked the Petitioner for his willingness to revise his plans. Chairperson Juracek called for additional comments on the Case. Hearing none, the public hearing was closed at 7:45 p.m. Richard Rogers made a motion to approve a Variation to maintain the existing 48.7 percent lot coverage, to allow for the construction of a 240 square foot brick paver patio to be located in the required rear setback, as shown on the Petitioner’s site plan, for the residence at 2838 Briarwood Drive East, Case Number PZ- 21-06, subject to the Petitioner consolidating the site and creating a one-lot subdivision. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Rogers, Youngquist, Juracek NAYS: None Motion was approved 7-0. After hearing three additional cases, Richard Rogers made a motion to adjourn at 8:45 p.m., seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. ________________________________________ Stacey Dunn, Community Development Administrative Assistant C:\Documents and Settings\kdewis\Local Settings\Temporary Internet Files\OLK6B\PZ-21-02 (2) 2838 S Briarwood Dr East.doc