HomeMy WebLinkAbout8.1 1st reading of an ORDINANCE GRANTING A VARIATION TO THE DRIVEWAY WIDTH IN FRONT OF THE PRINCIPLE STRUCTURE FOR THE PROPERTY LOCATION AT 321 S. EDWARD STREET (PZ-21-20)Item Cover Page
wubject 1st reading of an ORDINANCE GRANTING A
VARIATION TO THE DRIVEWAY WIDTH IN FRON
OF THE PRINCIPLE STRUCTURE FOR THE
PROPERTY
w *ww OA A EDWARD
Aw, w
(PZ -21-20) I
January 5, 1 A' MEETING OF •
PROSPECT BOARD
NEW BUSINESS
The Petitioners,, John & Beata Dembowski, currently have a 10-26" wide asphalt
driveway, with the width increasing to 26f once past the principle structure toward
the detached garage. Per Village Code, single-family detached properties may
widen the driveway up to three feet (3") into the front elevation of the principle
structure. The Petitioner is proposing to increase the width of the driveway in front
of the principle structure with asphalt by ten feet (10"), for a total driveway width
of 1 . ,, variation from••- is required as part of
project.
Lot
R -A Code
Existing
Proposed
Requirements
Requirements
Driveway width into
the front elevation,
Max. 3
0
of the principle
�,,,,
structure
Front Lot Coverage
Max. 50%
33.47%
38.74%
Lot Coverage
Max. 50%
36.06%
38.56%
1
In reviewing the request,, staff is not supportive of the variation. Staff believes the
property is not unique to the surrounding area,, as all 23 properties on the block
are compliant with the 3' driveway width encroachment regulation of the Code.
There are a mix of 1 and 2 car detached and attached garages, all of which fit the
general character of the Subject Property. There are properties within a few blocks
of the subject property with similar driveway layouts to the variation proposal;
however, they are existing non -conforming. The 3' driveway width encroachment
regulation, in it's first edition, was approved at the Village Board meeting July 20,
114(Ord.
receivedStaff has in opposition
request.
At the Planning & Zoning Commission meeting on December
Commission recommended denial of . . • by • - of 1. Genera
discussion pertained to the lack of - circumstance to support the request
at the Subject Property.
Since Planning and Zoning recommended denial, approving the variation would
require a super majority by the Village Board.
The Petitioners i ing to waive the 2nd reading
variation .
Alternatives
1. Deny the variation to the driveway width in front of the principle structure at
the Subject Property, also known as 321 S. Edward Street, as shown on the
plans in the administrative contentdated October 2020.
Action2. at discretion of - Village Board.
Staff Recommendation
Staff recommends that the Village Board deny the request for a variation to allow
a ten •• 1 encroachment into the fr• elevation of - principle
shownon plans in the administrative content attachment,dated October
2020.
ATTACH M E NTS:
Administrative Content. pdf
Plans.pdf
2
Signatures of Support.pdf
Staff Report. pdf
Minutes. pdf
Request to Waive 2nd Reading.pdf
Ord PZ 21-20 321 S Edward st. pdf
V"Ilage of'Mount Prospect
Community Development Departm,ent
50 S. Emerson Street
Mount Prospect, Jill I nois 60056
Phone:18-5328
Zonfing Request Application
W01. U r4 n.
. ...... .......
Mh
1. Subject Property
Address(es)- 3 2-
Galivu a 4s- S
Zoning District (s)- Property Area (Sq.Ft,. and/or, Acreage).
)0
Parcel Index Number(s) (PIN(s): 0 9 -, 1!!i"11111111111111 1111111111"c".1. 1. .- 0 C, ", &
11. Zoning Request(s) (Check all that apply�),
Conditional Us&- For
fkrVariation(s)- To E-'x4t: ckl, lc: iv, c vi &,v i V-\ i%,+ J 50,v'+ 4;
-vx-- 0
El Zoning Map Amendment. Rezone From To
El Zoning'Text Amendment: Section(s)
701M
IV. Appilicant (aill correspondence will be sentlto the appl'i,can't)
Narne: Corporation:
Address:+
Is
City, State, ZIP Code,
o. -,e
Phone- L Email- K, & -M t4- r t" C 0
17 m tp-) o
Interest in Property:
(e.g. owner, buyer, developer, lessee, archifect, etc...)
0
V. Property, Owner
rCheck if Same as ficant
Name- Corporation -
Address,
City,, State, ZIP, Code,
Phon&- Email'
In consideration of the information contained in this petition as well as all supporting documentation, it i's
requested that approval be given to this requiest. The applicantis the owner or authorized representative of the
owner of the property'. The petitioner arid the owner of the property grant employees of the Village of Mount
Prospect, and. their agent s permisslon to enter on the property during reasonable hours for vilsual inspection of
the subject, property.
I hereby affirm that all information provided herein and in allmateria lls submitted in, association with this
application are true and accurateto the best of my knowledge.
iDate-
Applcant: Awt
L
(Si
tu,re)
ua
(Print or Type Name),
I hereby designate the applicant to act as my agent for the purpose! of seekinthe zoning request(s) described in this
application and the associated sup ing material.
P
D a,te roperty Owner.
(:§,qature)
�-x
(Print orType Name)
IQ
�i
STATE OF ILLINOIS
ell
Ir% I q "s ��' ( under oath, state that I am
(print name)
the sole owner of the property
E11 -8n owner of the property
an authorized officer for the owner of the property
commonly described as 3Z n :X1 ; oo I -S -11
(property address and PIN)
as of this, date.,
and that such property is owned by V'� rs�' fv\, 6� X. "I"E& 1!!� 4
(print name)
Signature
Subscribed and sworn to before
me this day of
�W '
Notary Public
rT'07
i WALLACE
official, Seial
Notary Public - State of Illinois
1p 2
My c,ommission Expires se, 0231, "'0
77'��7'
of the City of Mount Prospect, County, of',
Cook, State of 11 linoj-s,,, for and in
consideration of ten (10) and no/100
dollars"in hand paid,,
CONVEYS AND 'WARRANTS TO
JOHN F, DEM,B4OWSKI and BEATA DEMBOWSKI, his
wife, 1785 W., Algonquin, Mount Prospect, IL
I
T - e
t I
-not 11, 2n. ammo-'r1l
described real estate situated, in, the County of Cook, State
Illinois, to wit: 4
W a
- 33
UNIG _M3
JS TT AA a
. ...........
Kdn,, n e t h Lee Sabey
Stiate of Illinois
SS
7
VILLAGE OF MOUN-1- PROSPECT
H 1.
REZ11AL ESTATETRANSFER TAX
0
97 $
County of Cook . ................ ___,',',_ .. ....... .
a notary ublic
P
in and
for 9-a"id County, "in the State aforesaid, DO HEREBY CERTIFY
that Kenneth, Lee Sabey, personally known to me to be the same
person whose name is subscribed to- the foregoing, instrument,, ap-
peared before me this, day in per's0n and acknowledged that he
signed,, sealed and delivered the said instrument as his free and.
voluntary act, for the uses and, purposes therein set forth., in-
cluding the release and, waiver of homestead.
GIVENunder my hand and official ial seal. thj_s 11.1day of
U Ct i I U CL _L Y p _L 7 7 4 e
0'ICI
FFICIAL SEAL
LOT 14 IN BLOCK 23 IN PART OF
,T)my
Un rM
BUSSE"S EASTERN ADDITION TO MOUNS.-A<
>M
PROSPECT IN THE EAST 1/2 OF, SECTION 12j TOWNSHIP, 41 NORTHr 11-4 Z
>
11 EAST OF THE THIRD 'PRINCIPAL
MERIDIAN, IN' COOK COUNTY, I,LLIN'O
hereby releasing and waiving
all rights under and by virtue 0� rn n,
0
the Homestead, Exemption, Laws
A
of the State, of Illinois,, TO HIAV
AND TO HOLD said, premises not
in tenancy in, common, but in join,'',,
tenancy forever.
Permanent Real Estate Index Number 08-12-2,24-0,11
o
,Address of Real Estate., 321 S.
Edward, Street,, Mount Prospect,, I
43003R A,,,.Nno3 Nov
-1-T,
Z, C --,*, 6 — 4* *`f 201Gow Dated
this day of January, 1994
W a
- 33
UNIG _M3
JS TT AA a
. ...........
Kdn,, n e t h Lee Sabey
Stiate of Illinois
SS
7
VILLAGE OF MOUN-1- PROSPECT
H 1.
REZ11AL ESTATETRANSFER TAX
0
97 $
County of Cook . ................ ___,',',_ .. ....... .
a notary ublic
P
in and
for 9-a"id County, "in the State aforesaid, DO HEREBY CERTIFY
that Kenneth, Lee Sabey, personally known to me to be the same
person whose name is subscribed to- the foregoing, instrument,, ap-
peared before me this, day in per's0n and acknowledged that he
signed,, sealed and delivered the said instrument as his free and.
voluntary act, for the uses and, purposes therein set forth., in-
cluding the release and, waiver of homestead.
GIVENunder my hand and official ial seal. thj_s 11.1day of
U Ct i I U CL _L Y p _L 7 7 4 e
0'ICI
FFICIAL SEAL
Cook County Treasur er"s Office - Chicago, Illinois
$0.00
Tax Year, 2019 (billed *n 2020),
Total, Amount B'Iled- $9 1449.96
;P0 `,` f , 7 �j
E N "Y' x Y 2
L L E ii x Ye
N S` H
Orilgiinal Billed Amount:
0,rillgilnal, Milled Am,ount:
$5,407.78
$4,042.18
Due Date-.,,
Due Date.&
03/03/2020
08103/2020
Tax:
Tax:
$G.00
$0.00
Interest:
Interest:
$0.00
$0.00
Current Amount Due.&
Current Amount Due,-,
$0.00
$0.010
Total Amount Due: $01.00
Expand Payment, Details "IF
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0 Payments are recorded the date thee" are, received. They appear on the website about
three business days later.
a The current amount, due, is as of Wednesday, October 21, 20!20.Questions out
payments? Contact Us.
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Tax Year 20191 Second, Installment Due Monday,, August 3, 2020,
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Tax Year,201 8 Second I nstal, Iment Due Thursday,, August 1 0 2019,
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8
h'ttps-//www.cookcountytreasurer.m/yourpro,pert,yt,erviewresults,.as px 2/4
Variation - Avar'ae
t'on from the zonin I
g rgulations shall not be, granted or recommended for approval by the P anning
and Zoning Commission unless findings, of fact based on evidence are made in each specific case that aff'irm the
ollowing standards:
Alk
2. The conditions upon which an application for a variation iare based are unique to the property for which the variation
ification- (WE HAVE FOUND
is sought and are not generally applicable to other property within the same zoning classi
SEVERAL HOUSES WITHIN THREE BLOCKS OF OUR HOUSE THAT,7HAVE EXTENDEDTHEIR DRIEWAY THE WAYTHAT WE
ARE REQUESTING THE VARIANCE., WE HAVE FOUR PHOTOS ATTACHED WITH THI'S REQUEST.),
3. The purpose of the, varNationis not based primarily upon a desire, to increase financial gain; ( I AM NOT SEEKING
FINANCIAL GAIN.)
4. The alleged difficulty or hardshipis caused by this Chapter and' has not been created by any person presently having
an interest in the property- (THE HOUSE, ON THIIS, PROPERTY HAS HAD A ONE LANE DRIVEWAY SINCE WE PURCHASED IT
,27 YEARS AGO.)
5. The granting of the variation will not be, detrimental to the public welfare or injurious to other property or
improvements in the neighblorhood in which, the propert islocated,-(WEW'ILLNIOTCAU'SEDETR,IMEN'TTO'THE
NEIGHBORHOOD BY EXTENDING OUR DRIVEWAY,, THERE ARE OTHER AREA, HOMES WITH THE SAME TYPE OF DRIVEWAY
EXTENSION.)
6. The granting of the variation will not alter the essential character off tihe neighborhood, WE WILL NOT BE CHANG[IN't
THE CHARATER OF'THE NEIGHBORHOOD BECAUSE, OTHER HOMES HAVETHE SAME TYPE OF DRIVEWAY T'HA WE ARE
REQUESTING.)
7. The proposed variation will not impair an adequate supply of light and air to adJacent property, or substant al y
i
increase the congestion of'the public streets, or increase the danger of fireor il
r natural drainage orcreate
d ra i n,a
,ge problems on adjacent properties, or endanger the, public safety, or su bsta ntia IN diminish or im,pair property
va I uie�s, with 1 n t h e n e ig1h bo r�h ood W E A R E R EQ, U'EST1 N'GTO EXTE N Dj 0 U R D R I'VEWAY A 1\1 D W'I L,L N OT CA US E, A NY Ci F TH E
UPMI I
ISW�N
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RIDGEU 11 v V.4
By
215 SOUTH AVENUE
°ARLINGTON HEIGHTS, ILLINOIS 600
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T. B O --_.- PAG d the property described
("ornpar des ription Ari this Mat with cur deed, abstract r certificate of title-, also �u�v u�� and that � � � � uu u�u Nh+�ui+ r ru � correct t��r er�t.
( ompary all point,- beforr starting any excavating or building, It is requested should atioln of said survey,
ll c r an he (OUnd, report same to our office at once, Building lines ,sand1 0
('A" PP u�p t � own ����1 vdi re their �`�r l recorded i the mops, othetl Teter t your "I-II -
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i I o whom 'it may c,OnC,ern,,,,
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problem with, them addingthis feature,
Date U
- 0-0— � *
12
'i o whom 'it may concern,
6
My neighborat 321 S Ed,ward St would like to ad,d an extension to their driveway. I do not have a
problem with, th,em addin featur e.
1 g thi
'Name.-
SignaWa
ture.
S, (""R li Olftftm�
Addres 16'
13
To whom 'it may concem,
My neighbora32SEdward Swaxtensi*ondiveway.nthave a
problem �with, them adding t,!'u*,s teature.
Name: Z, 130i_
S'gnature .. .. .......... cvo
Date," A 14 110
1
14
To whom it may concern,
T I I
My neighbor at 321 S Edward, St wou.1d like to aM an extension to their driveway. i, c I to not have a
problem with them, adding, this feature.
Name. -
Z.
Date:
15
LEGAL DESCRIPTION OF PROPERTY
LOT 14 IN BLOCK 23 IN PART OF BUSSE'S EASTERN ADDITION TO MOUNT PROSPECT IN THE EAST %2 OF
SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY ILLINOIS.
16
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II -31 � 398 8687 Ir
RIDGEU 11 v V.4
By
215 SOUTH AVENUE
°ARLINGTON HEIGHTS, ILLINOIS 600
F
I w a, a � N A,' 4'"�.i° MSX t°� �°t" ` ", ""I �, "�°
J- •
w w� ti� °`"L'��
1, "� °r�'wC,�",� +� W kM�'w."" °?'� "'��1 ��, }'�� i� d. S �,b�' f;.��' ,
of
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w '
°
w
ti
0.�
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° *.wwRw►�rRw..W ��.
*,. 1738 WW��
rw w� ELISE,"..: wr
LAND
O SUIS,
R
bOF
St IluuaqCo
o
,qty of Col� ,R w��� � ■, „ � � ,� � •�
1, Edward A. Sievertsen.
T. B O --_.- PAG d the property described
("ornpar des ription Ari this Mat with cur deed, abstract r certificate of title-, also �u�v u�� and that � � � � uu u�u Nh+�ui+ r ru � correct t��r er�t.
( ompary all point,- beforr starting any excavating or building, It is requested should atioln of said survey,
llrdP�°f��Y
rrn 1v he (OUnd, report same to our office at once, Building lines ,sand 18
m
('A" PP u�p t shown����1 vdi re their �`�r l recorded a the mops, othetl Teter t your "I-II �,�_ "" DAY O V9
-r -
i I o whom 'it may c,OnC,ern,,,,
My neighbor at 32ik,e to add an exnsi,on to thel"T driveway., I do not have a
problem with, them addingthis feature,
Date U
- 0-0— � *
19
'i o whom 'it may concern,
My neighborat 321 S Ed,ward St would like to ad,d an extension to their driveway. I do not have a
~
Addres 16'f
20
To whom 'it may concem,
My neighbora32SEdward Swaxtensi*ondiveway.nthave a
problem �with, them adding t,!'u*,s teature.
Name: Z, 130i_
S'gnature .. .. .......... cvo
Date," A 14 110
1
21
To whom it may concern,
T I I
My neighbor at 321 S Edward, St wou.1d like to aM an extension to their driveway. i, c I to not have a
problem with them, adding, this feature.
Name. -
Z.
Date:
22
VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056
STAFF REPORT FROM THE DEPARTMENT OF Community Development
William J. Cooney, AICP Connor Harmon
Director of Community Development Development Planner
DATE: December 3rd, 2020
CASE NUMBER
PZ -21-20
PUBLIC HEARING DATE
December 10th, 2020
APPLICANT/PROPERTY OWNER
John &Beata Dembowski
PROPERTY ADDRESS/LOCATION
321 S. Edward Street
BRIEF SUMMARY OF REQUEST
The Petitioners are seeking variation to the maximum driveway width in front of the principle structure at
321 S. Edward Street (Subject Property) to widen the driveway 10' into the front elevation.
2017 Aerial Image
2020 Village of Mount Prospect Zoning Map
.. ....................................r............. -
EXISTING
EXISTING LAND USE/SITE
SURROUNDING ZONING & LAND USE SIZE OF
ZONING
IMPROVEMENTS
North: R -A Single Family Residential, PROPERTY
R -A Single Family
Detached Single Family
residential 0.18 Acres
Residential
Residential
East: R -A Single Family Residential,
residential
South: R -A Single Family Residential,
residential
West: R -A Single Family Residential,
residential
APPROVE
STAFF RECOMMENDATION
APPROVE WITH CONDITIONS
DENY
1
23
BACKGROUND/PROPERTY HISTORY
The Subject Property was annexed into the Village in 1917. There have been 10 permits issued from the
Village on the property, including the construction of a detached garage in 2002, and replacing the asphalt
driveway in 2006.
PROPOSAL
The Petitioners currently have a 10.26' wide asphalt driveway, with the width increasing to 26' once past
the principle structure toward the detached garage. Per Village Code, single-family detached properties may
widen the driveway up to three feet (3') into the front elevation of the principle structure. The Petitioner is
proposing to increase the width of the driveway in front of the principle structure with asphalt by ten feet
(10'), for a total driveway width of 20.26'. Therefore, a variation from the zoning code is required as part of
this project.
Lot Requirements
q
R -A Code
ExistingProposed
p
Requirements
Driveway width into the front
Max. 3'
0'10,
principle elevation of the rinci le structure
Front Lot Coverage
Max. 50%
33.47%
38.74%
Lot Coverage
Max. 50%
36.06%
38.56%
VARIATION STANDARDS
The standards for a variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include
seven specific findings that must be made in order to approve a variation. The following list is a summary of
these findings:
• A hardship due to the physical surroundings, shape, or topographical conditions of a specific
property not generally applicable to other properties in the same zoning district and not created by
any person presently having an interest in the property;
• Lack of desire to increase financial gain; and
• Protection of the public welfare, other property, and neighborhood character.
The Petitioners state they have 4 cars, and currently only have room for 2 cars on the property. The
Petitioners also state that other homes in the area have extended their driveway, and that the home is in
like character with the rest of the neighborhood, and not a detriment. The Petitioners further state there is
no desire to increase financial gain, and there will be no drainage or nuisance issues. Finally, the Petitioners
state the house has always had a one car driveway, and this extension would allow additional cars to be
parked on the property.
In reviewing the request, staff is not supportive of the variation request. Staff believes the property is not
24
unique to the surrounding area, as all 23 properties on the block are complaint with the 3' driveway width
encroachment regulation of the Code. There is a mix of 1 and 2 car detached and attached garages, all of
which fit the general character of the Subject Property.
Staff finds that the standards for variation have not been met. Based on these findings, staff recommends that
the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning
and Zoning Commission and deny the following motion:
1. A variation to allow a driveway width of ten feet (10') in front of the principle structure for the
property located at 321 S. Edward Street, as shown on the plans in the administrative content section
of the case, dated October 21, 2020.
The Village Board's decision is final for this case.
ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS OTHER
(Supplemental Information,
(Zoning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Public Comments Received,
Standards, etc...) etc...)
I concur:
William J. Cooney, AICP
Director of Community Development
H:\PLAN\Planning & Zoning COMM\P&Z 2020\Staff Reports\PZ-21-20 321 S. Edward Street (VAR- Driveway in Front of House).docx
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -21-20 Hearing Date: December 10, 2020
PROPERTY ADDRESS: 321 S. Edward Street
PETITIONERS: John & Beata Dembowski
PUBLICATION DATE: November 25, 2020
REQUEST: VAR: Driveway Width in Front of the Principle Structure
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Thomas Fitzgerald
Agostino Filippone
Walter Szymczak
MEMBERS ABSENT: Lisa Griffin
Sharon Otteman
Norbert Mizwicki
STAFF MEMBERS PRESENT Connor Harmon, Development Planner
Jason Shallcross, Senior Planner
INTERESTED PARTIES: John & Beata Dembowski
Chairman Donnelly called the meeting to order at 7:02 pm. Commissioner Beattie made a motion
seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission
meeting on October 22, 2020. The minutes were approved 4-0, with Commissioner Fitzgerald
abstaining. Chairman Donnelly introduced case, PZ -21-20: 321 S. Edward Street as a variation to the
driveway width in front of the Principle structure. This case is Village Board final.
Mr. Harmon explained the Subject Property and that the Petitioners are requesting to widen their
driveway in front of their principle structure. Mr. Harmon stated the property consists of a 2 -story
house and accompanying detached garage, and a shed in the rear. Mr. Harmon further stated the
Petitioners are requesting to widen their driveway 10' into the front elevation of their home, and that
by code, the Petitioners are only allowed 3', thus variation is required. Mr. Harmon explained that the
Subject Property meets all other bulk regulations, and the only request is for the driveway width
encroachment to 101
.
Mr. Harmon stated that staff finds that the variation request does not comply with the standards as listed
in the Zoning Ordinance and that staff is therefore not supportive of the request. Based on these
findings, staff recommends thatthe Planning and Zoning Commission make a motion to adopt staff's
findings as the findings of the Planning and Zoning Commission and recommend denial of the following
Planning & Zoning Commission Meeting — December 10,
2020
PZ -21-20
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motion:
1. A variation to allow a driveway width often feet (10') in front of the principle structure for the
property located at 321 S. Edward Street, as shown on the plans in the administrative content
section of the case, dated October 21, 2020.
Mr. Harmon stated that the Village Board's decision is final for this case.
Commissioner Filippone asked about the submitted pictures of nearby properties with similar
driveway layouts to the variation proposal. Mr. Harmon stated all submitted pictures are existing non-
conforming, and that all 23 homes on the block conform to code in terms of driveway width in front of
the principle structure. Commissioner Filippone further asked how far the properties, which were
submitted via photograph, are from the Subject Property. Mr. Harmon stated the properties are
relatively close to the Subject Property, just not on the same block.
Chairman Donnelly introduced the Petitioners, John and Beata Dembowski, 321 S. Edward Street.
The Petitioners stated they just bought a 4t" car, and need the additional driveway space to
park their cars. As existing, they can fit all 4 cars on the property, however it is a constant
shuffling of the cars, according to the Petitioners. The Petitioners also stated they noticed
nearby properties with additional driveway width than code allows, similar to what is
proposed.
Commissioner Donnelly asked if the widening would accompany 2 cars or 3 cars. The
Petitioner stated 2 cars. Mr. Harmon stated the existing driveway in front of the house and
to the side of the house to the north is 10.26' wide.
Commissioner Beattie asked if all cars could fit on the property. The Petitioners stated yes,
that is possible.
Commissioner Filippone asked about overnight parking. The Petitioners stated that
overnight parking is not allowed by the Village.
Chairman Donnelly asked why this regulation was put into the code in the first place.
Commissioner Beattie stated the code was changed to prevent front yards from looking like
parking lots, and to preserve green space.
Chairman Donnelly stated that he doesn't find the request unique. He stated there needs to
be a clear reason or difference compared to other properties on the block and in the Village
that would make the request reasonable.
The Petitioner asked how the other properties received approval for similar driveways to the
request. Chairman Donnelly stated those properties received approval prior to the driveway
Planning & Zoning Commission Meeting — December 10,
2020
PZ -21-20
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encroachment regulation being adopted by Code.
The Petitioner asked when the driveway encroachment regulations was adopted by Code.
Chairman Donnelly stated it was before he joined the board, which was over 12 years ago.
Chairman Filippone asked if permeable pavers would be considered as an alternative.
Chairman Donnelly stated there is no issue with lot coverage.
Chairman Donnelly asked if there were comments or questions from the public.
Mr. Harmon stated there were no questions asked in the chat box.
Commissioner Beattie stated he is sympathetic to the Petitioners concern, however there is
no clear evidence or hardship shown here for him to consider approving the variation
request.
Chairman Donnelly stated he does not see a hardship, and that the Subject Property is
similar to neighboring properties on the block.
Commissioner Filippone stated he recommends the Petitioners focus on the applicable
standards in the Code, specifically strengthening those reasons for a hardship when the case
goes before the Village Board.
Commissioner Fitzgerald stated there have been similar cases with one car garages, and the
Commission has not approved those cases either.
Hearing no further comments Chairman Donnelly closed the hearing and asked for a motion.
Commissioner Beattie made a motion seconded by Commissioner Fitzgerald to approve:
"A variation to allow a driveway width of ten feet (10') in front of the principle structure for the
property located at 321 S. Edward Street, as shown on the plans in the administrative content
section of the case, dated October 21, 2020.
UPON ROLL CALL AYES: None
NAYS: Beattie, Filippone, Fitzgerald, Szymczak, Donnelly
A vote of 5-0 was taken with a negative recommendation to the Village Board.
Hearing four additional cases, Commissioner Filippone made a motion seconded by Commissioner
Beattie and the meeting was adjourned at 9:20 PM.
Planning & Zoning Commission Meeting — December 10,
2020
PZ -21-20
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Connor Harmon
Development Planner
Planning & Zoning Commission Meeting — December 10,
2020
PZ -21-20
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.rye. 2020
William J. Cooney, AICD
Director of Community Development
Village of Mount Prospect
50 S. Emerson, Street
Mount, Prospect, IL 60056
or
Via fav, 847/818-5329
or,
Via ematt: bCOOD,ey(,)m�o'untpro,spect.org
Dear Mr. Cooney,
The Planning & Zon.1"ng Commission di'd not approve of our (request for a driveway, extension) by
a 5�O vote. Our request 'is scheduled to go before Village Board for the ordmancel's first reading
(January 5, 2020).
We are requesting that the Village Board. ...�alve the, second reading, tentatively scheduled for
January '19, 2020 and take final action at the January 5th meeting because I doubt that anyone will
change theIr mind.
I appreciate your ass iStance in factlitatIng this request�. Should, you have any questions, feel, free
to contact us at jdeni, or 847-749-6872.
Sincerely,
"I ..... .......... 11
John Dembowski
321 iS. Edward, ST.
Mount Prospect ILJ,, 60056
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ORDINANCE NO.
AN ORDINANCE GRANTING VARIATION TO THE DRIVEWAY
WIDTH IN FRONT OF THE PRINCIPAL STRUCTURE FOR THE PROPERTY LOCATED AT
321 S. EDWARD STREET, MOUNT PROSPECT, ILLINOS
WHEREAS, John and Beata Dembowski (Petitioners) has filed a petition for a variation to allow a driveway
width of ten feet (10') in front of the principal structure for the property located at 321 S. Edward (Property) and
legally described as:
LOT 14 IN BLOCK 23 IN PART OF BUSSE'S EASTERN ADDITION TO MOUNT PROSPECT IN THE EAST
�/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY ILLINOIS.
Property Index Number 08-12-224-011-0000; and
WHEREAS, the "Petitioners" seeks a variation to increase the width of the driveway in front of the principal
structure with asphalt by ten feet (10'), for a total driveway width of 20.26', as shown on the Plat of Survey
dated January 22, 1994, attached as Exhibit "A"; and
WHEREAS, a Public Hearing was held on the request for Variations being the subject of PZ -21-20 before the
Planning and Zoning Commission of the Village of Mount Prospect on the 10th day of December, 2020,
pursuant to proper legal notice having been published in the Journal & Topics (Mount Prospect edition) on the
25th day of November 2020; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the
Mayor and Board of Trustees to deny the request being the subject of PZ -21-20 by a vote of 0-5; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the
request herein and have determined that the request meets the standards of the Village and that the granting
of variation to allow a driveway width of ten feet (10') in front of the principal structure would be in the best
interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE
POWERS:
SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the Mayor and
Board of Trustees of the Village of Mount Prospect.
SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a
variation to allow a driveway width of ten feet (10') in front of the principal structure for the property located
at 321 S. Edward Street as shown on the Petitioner's Plat of Survey dated January 22, 1994, attached as
Exhibit "A."
SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this
Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County.
SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and
publication in in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day 5th of January, 2021.
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Arlene A. Juracek, Mayor
Page 2 of 2
PZ 21-20
321 S Edward
ATTEST:
Karen M. Agoranos
Village Clerk
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