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HomeMy WebLinkAbout9.1 1st reading of an ORDINANCE GRANTING A VARIATION TO THE MAXIMUM FRONT LOT COVERAGE REQUIREMENT FOR THE PROPERTY LOCATED AT 918 S. ELM STREET. (PZ-25-20)COVERAGEItem Cover Page wubject 1st reading of an ORDINANCE GRANTING A VARIATION TO THE MAXIMUM FRONT LOT REQUIREMENT QR .R PROPERTY RORR LOCATED AT 918 S. ELM STREET. (PZ -25-20) Meeting February 2, 2021 - REGULAR MEETING OF THE MOUNT PROSPECT O ♦ BOARD Impact w' ' 701011 a ! Category BUSINESSNEW ActionType Information The Petitioner, • Bouzas, toexpand an already ' !variation maximum lot coverage of 43.4% (approved in 2019),, to 48.15%. The Petitioner i, proposing to widen the existing driveway by approximately 240 square feet by adding 2' x 2' stone pavers to each side of the driveway. The portion of the driveway nearest to the garage would widen from 29' 11" to 32' 11" with 18" x 2' stone pavers,, to remain under the 33' maximum driveway width for a 3 car garage. The increased width of the circular drive portion would increase from 12' to 16'. A significant portion of the primary structure is located within the 40' required front yard setback, making it challenging for the Petitioner to meet the maximum front yard lot coverage of 35%. The overall lot coverage ratio remains below the allowable 35% in the RX district. The table below summarizes the R -X single family residential zoning district requirements: Lot Requirements R -X Code Existing Proposed Requirements Driveway Leading to the Attached 3„ 33 29 11 32 11 Car Garage Maximum Width 1 Circular Driveway 26' (maximum) 12'12 Width (minimum) 161 Front Lot Coverage Max. 35% 43.4% 4 8 - Overall Lot Max. 35/0 o 27.1% 0 28.1/o 0 Coverage 11 11 In review, staff is supportive of the request because the footprint of the house in the required front yard setback presents significant challenges toward improvement or • the front yard.Public WorksDepartment issues with the request as it relates to storm water drainage, and the overall lot coverage is still s• . -ss than what is allowed by •• At the Planning & Zoning Commission meeting on January 14th,, the Commission recommended approvalof - - by • - of No public • - been received in support or denial of the request. The Petitioner has submitted a letter requesting to waive the 2nd reading. Alternatives 1. Approve a variation / for the property located at 918 S. Elm Street for the purpose of wideningexisting driveway,i . 2. Discretion ill . Staff RecoStaff mmendation the Village Board approve a variationto allow front• coverage of 48-15% for the property located at 918 S. Elm Street for the purpose of • . the existing driveway, • on plans in the administrative content section of the case. ATTACH M E NTS: Admin istrative_Content_. pdf Site Plan.pdf Staff Report. pdf Minutes. pdf Waive 2nd Reading Request.pdf 2 Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application ----------- Official Use Only (To be completed by Village Staff) Case Number- P&Z - Date of Submission: Hearing Date,, Project Name/Addres&: Address(es): Zoning District (s),:" 11 Parcel Index Number(s) (PIN(s)- 11. Zoning Request(s) (Check all that apply) Property Area (Sq.Ft. and/or Acreage): Abu F� Conditional Use: For Pkvariation(sn)'." To --L n Zoning Map Amendment: Rezone From To ❑ Zoning Text Amendment: Section(s) , I R Other: 111111. Summary of Proposal (use separate sheet if necessary) sly, T" . ............ , .. ... .. . . . . . . .. . ......... . ........ .. .. ....... .... J JIB`CC" . ' .................. . . . . . .......... �' ...... ..... . .. ... r CL N.- 2 L*N .......... . Zan* sa r0 % As ........... 1 K V. Property Owner --W- 111- M,ff VS Check if Same as Applicant Name: Corporation: City, State, ZIP Code: Phone: Email, In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information prow application are true and accurate to OA Applicant: (Signature) (Print orTy I , Oe Narney If applicant is not property owner: r`��d5herein artd, i1,n dall materials submitted in association with this , i. t of in "Know led, ge4 J eZ1,1 oZ(� 70 Date:, -AA I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner: Date - (Signature) (Print or Type Name) 0) El Affidavit of Ownership MINIM COUNTY of COOK } STATE OF ILLINOIS } . under oath, state that 1 am (print name) Subscribed and sworn to before IRENE SAUCEDO OFFICIAL SEAL - Notary Public, State Of IIIino me this c7� da of My Ccmm���on� s W 111 2 0 co� Nota Public 14i 'ent Confirmation wo Paym Cook- County Property Tax Payment may be w1thdrawn from your account as soon as tomorrow or the next bankIng &Us-iness de -Y. It Ls im:po-rta that -you have,m- Daae in yovt- bank accoutit. to -,-Cover U -6s payment. 7hank you for usr g the -Cook Cou,ntly Treasurer Property Tax electronic -payrnent System. .. ......... . .... ..... .... . . ........ . . . ..... . ,ars. ...... . . .... . . Please keep a record of your Confirmation Number, or this page for"your J, U'Y! A III 101M, l a, V,"ul flu U 1411�11`i 11,111,111 16 All I . 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Pj�l 11,lk ll-, 1,11 B iiil�i 11�11111N IN PiI "i 11111ill qj B& I-1 k-,- IPA La°C-�: 6, U'. 1 (;f L L y, il Aft, i, JI"/,;', 0 W, 2 jj rrY>t 1.11, 1011, set, i ;L,0,,,,- 111,191111 jn�j Q1111111111 H A,,d,, A—IJ— Please keep a record of your Confirmation Number, or tp,,. this page for your J70" records. . . ....... . . . i.-11,�, ,,, rrV— ""4"11, A14 ---la TRUSTEE I S DEE1 (ILLINOIS) MA I L T 0 H1 cha e I �,* H rs-ch aw Akt,torney at, L 6,311 N',,. Avonda,'l e SuIte *2 1.0 Chicago, IL 60631 NAME ADDRESS OF TAXPAYER: 99 John L. Bouzas 918 SO Elm Street 60056 THIS INDENTURE, made., this 29th day of- September, 2003, between EARL L,o MEESKE, as trustee under the Earl L. Meeske Declaration of Trust dated the 29th day of May, 1991, grantor, and JOHN L, BOUZAS and KAREN BOUZAS, husband,, and wife, of 918 S. Elm Street,, Mount Prospect, Ill rno r I 1N%S gran -tee (;s),, WITNESSETH, That grantor, 'in cons'ideration of Ten and no/100 Dollars ($10.00), and other good and valuable considerations, receipt whereof is hereby acknowledged, and in pursuance of the power and authority vested in the grantor as said trustee and of every other power and authority the grantor hereunto enabling, does hereby convey and warrant unto the grantees, in fee simple, not as joint tenants or tenants in common, laut as TENANTS BY THE ENTIRETY,, the, fallow'ing described real estate I situated in the. Cbunty 01 Cook,. and qtate,, o,,f Illinois, to wit: tqg:ether with the tenements her.editament-s 'and appuxtenances thexet .belong,ing or ija ap miae a1ppertaining. TO RX" AND 'TO HOLD, sal, premises' nat as Joint tenailt—s,' or -tenants 'in common, but a's TENAXTS B, THE ENTIRETY forever. I Permanent Real Estate Index Number-. 08-13-112-004 Address of Real Estate.- 918 S. Elm Street, Mount Prospect, IL 60056 P 'kill, IN WITNESS WHEREOF, the grantor, as trustee as aforesaid, does hereunto set his hand and seal the day and year first above written, Uw= ZEA as trustee as aforesaid r -A STATE OF ILLINOIS COUNTY OF COOK )SS. the undersigzed, a lqo,tary PubliIc in and f St eror ai-d '1111C0 -Tr an ate,, ,,do her,, by ti.fy that 'the sa f 0110wing person, EARL L. MEFSKE, personally known t;O 'Ile to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that he signe'd, sealed and delivered the paid instrument as his free and voluntary act, as such truste ee, fo'r'tl uses and purpoe ss therin set forth. WITNESSseal thal 219,th" da jpy, "Ilanl�,n f, I, f�-'o Iry . . .. . . . . .. ------------ Notary MZVAMER�� Permanent Re,al Es,tat,e, Index Number:, 08-1-3-112-004 Address of Real Estate: Of September, 2,003. . . . . .... . ......... . .. 918 S, Elm Street, Mount Prospect, IL 60056 A r it ill jill'! 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Then some one fbund it a, cceptWe to build ahmise approximately 310' from the fiont lot line. This left me with a non- O i house ; f wmied to save and renovate on levels. a It 0Zoning laws chatiges i front yard, impervious surface requirements made my plans difficult toobserve and adhere to because of the non-confi)rmingfitet that 729 sq. ft. of ex st*ng house V years.actethat mquimment for me for my vision of my house. 'No, we plan to live here foe many, many I believe decisions made in the past have made my deel"Sion to 1,111, PrOve the property di'fficult. 11 I believe that we will not be a detriment to my neighbors, born NIng MY of the property in our neigliboi,-hood. The cha,,,t-acter, of the neighborhood is changitIg and new ho-,nites- and, remodeled homesare contributing to a new vibrant neighborhood of which I am a member., We will not impact Oum adjacent neighbors,.with water nmoff, in fact, we have imptoved, the water sitti,ation with yard drains. It will not increase traffic,, cut off sun or air and I believe will not endanger public safety on our street and surrounding ` `'° r 10 918 S. Elm Street Legal Description: LOT 16 IN THE GOLFHURST ESTATES, A SUBDIVISION OF PART OF LOT 16 OF THE OWNER'S SUBDIVISION OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON FEBRUARY 23, 1956 AS DOCUMENT NUMBER 1652426. COMMONLY KNOWN AS: 918 S. ELM STREET, MOUNT PROSPECT, ILLINOIS 60056 11 ^ / ^ ` ... .......... ___...... __ / ________________ ./ | / / , | / . / / --" | / Q54 ....... ] � / � ^ r� ' 13 ........... 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: January 71h,2021 CASE NUMBER APPLICANT/PROPERTY OWNER PZ -25-20 John Bouzas PUBLIC HEARING DATE January 141h 2021 PROPERTY ADDRESS/LOCATION 918 S. Elm Street BRIEF SUMMARY OF REQUEST The Petitioner is seeking a variation to the maximum allowed front lot coverage. Per the R -X single family residential zoning district, a 35% maximum impervious surface is allowed. The Petitioner is proposing a 48.15% front yard lot coverage. In 2019, the Subject Property received a variation to increase front lot coverage to 43.4%. The request now exceeds 25% of the regulation, thus the case is Village Board final. MIJ 2020 Village of Mount Prospect Zoning Map I .. . ... . .......... — 1. � 41 '. 1, - EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: R -X Single Family Residential, PROPERTY R -X Single Family Detached Single Family residential 0.52 Acres Residential Residential East: R -X Single Family Residential, residential South: R -X Single Family Residential, residential West: R-1 Single Family Residential, residential STAFF RECOMMENDATION DENY E BACKGROUND/PROPERTY HISTORY The Subject Property previously had 7 permits issued for various improvements on the property. In 2019, a variation was approved by the Planning & Zoning Commission to increase front yard lot coverage to 43.4%. The variation allowed a new circular drive, and further improvements of the permit included a 2nd story addition on the primary structure, and a third attached garage bay. The 2nd story and third garage bay were both constructed within the buildable area of the property and therefore have no impact on the requested variation request. PROPOSAL The Petitioner proposes to add 2' x 2' stones to widen the existing circular drive, and 2' x 18" stones to widen the driveway leading to the attached three car garage. Currently, the width of the circular drive is 12', and the maximum width of the driveway to the garage is 29' 11". If approved, the new width of the circular drive would be 16', and the maximum width of the driveway leading to the garage would be 32' 11". A significant portion of the primary structure exists in the 40' required front yard setback, thus increasing the front lot coverage past the 35% maximum. The Petitioner is requesting a 48.15% front lot coverage, or a 4.75% increase to the variation previously approved in 2019. The proposal is 4.4% more than 25% of the regulation, meaning the request is Village Board final. The table below highlights the bulk requirements within the R -X single family residential zoning district: Lot Requirements R -X Code Existing Proposed Requirements Driveway Leading to the Attached 3 ......... . .... 33' 29" 11"" 32,f 1111 Car Garage Maximum Width Circular Driveway Width 261 12' 16 Front Lot Coverage Max. 35% 33.47% 48.15% Overall Lot Coverage Max. 35% 27.1% 28.1% VARIATION STANDARDS The standards for a variation are listed in Section 14.203.0.9 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 Petitioner states that he bought the house with the non -conformity already existing, and that 729 square feet of the home exists in the required front yard setback. The Petitioner further states he would like 15 additional driveway width to enter and exit vehicles on the circular drive and driveway leading to the existing garage, and currently there is not enough room to do so without inconvenience. The Petitioner further states the variation would not alter the character of the neighborhood, and that with the home renovation, drainage has improved on the property compared to previous conditions. In reviewing the request, staff is supportive of the variation request. Staff believes a hardship exists as the location of the house presents significant challenges toward any improvements or work in the front yard. The Public Works Department has no issues with the request as it relates to storm water drainage, and the overall lot coverage is still significantly less than what is allowed. Staff finds that the standards for variation have 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 approve the following motion: 1. A variation to allow front yard coverage of 48.15% for the property located at 918 S. Elm Street for the purpose of widening the existing driveway, as shown on the plans in the administrative content section of the case. 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, etc4) Public Comments Received, Standards, etc..) etc... I concur: WilliamN, Cooney, A&P Director of Community Development H:\PLAN\Planning & Zoning COMM\P&Z 2020\Staff Reports\PZ-25-20 918 5, Elm Street (VAR- Front Lot Coverage) dacx K 16 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -25-20 Hearing Date: January 14, 2021 PROPERTY ADDRESS: 918 S. Elm Street PETITIONER: John Bouzas PUBLICATION DATE: December 30, 2020 REQUEST: VAR: Front Lot Coverage MEMBERS PRESENT: Joseph Donnelly William Beattie Lisa Griffin Agostino Filippone Walter Szymczak MEMBERS ABSENT: Sharon Otteman Norbert Mizwicki Thomas Fitzgerald STAFF MEMBERS PRESENT Connor Harmon, Development Planner Jason Shallcross, AICP, Senior Planner Bill Cooney, AICP, Director of Community Development INTERESTED PARTIES: John Bouzas 1 Chairman Donnelly called the meeting to order at 7:02 pm. Commissioner Filippone made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on December 10, 2020. The minutes were approved 5-0. Chairman Donnelly introduced case, PZ -25-20: 918 S. Elm Street as a variation to the maximum allowed front lot coverage. This case is Village Board final. Mr. Harmon explained the Petitioners request and stated in 2019 the Petitioner applied for, and received approval for the same request, and is requesting a greater front lot coverage percentage to widen the existing driveway. Mr. Harmon then described the Subject Property, and stated the Petitioner is requesting to widen the driveway with 2' x 2' paver stones on each side of the driveway. Mr. Harmon further stated the area of the driveway where it is the widest, which is near the garage, is only proposed to have 18" x 2' paver stones to keep the driveway under the 33' maximum for a 3 car garage. Mr. Harmon explained the proposal meets all other lot requirements, besides the front lot coverage, which is proposed to be 48.15%. The Public Works Department had no issues with the request, and Mr. Harmon stated that staff is supportive of the request. With that, Mr. Harmon stated that staff finds that the variation request complies with the standards as Planning & Zoning Commission Meeting —January 14, 2020 PZ -25-20 17 listed in the Zoning Ordinance and that staff is therefore supportive of the request. 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 approve of the following motion: 1. "A variation to allow front lot coverage of 48.15% for the property located at 918 S. Elm Street for the purpose of widening the existing driveway, as shown on the plans in the administrative content section of the case." Mr. Harmon stated that the Village Board's decision is final in this case. Chairman Donnelly introduced the Petitioner, John Bouzas, 918 S. Elm Street. Mr. Bouzas stated various family members require wheelchairs to get to, and enter/exit vehicles, and need the widened driveway to avoid going into the grass. Chairman Donnelly asked if the family members could not enter and exit from the garage. Mr. Bouzas stated he has triplets which will eventually have cars, and those cars will take up too much space in the garage and driveway leading to the garage. Chairman Donnelly asked if the previous case in 2019 was to widen the circular drive to meet code, and simultaneously go above the front lot coverage maximum. Mr. Harmon stated that is correct, the Petitioner obtained a variation, and applied for the permit, and constructed a home renovation and new driveway as part of the permit approval. Chairman Donnelly saw no other questions or comments for the Petitioner, and started discussion among the Commission. Commissioner Beattie asked if the previous request had the circular drive at 12'. Mr. Harmon stated that is correct. Chairman Donnelly stated he has trouble seeing a hardship with the request. Commissioner Beattie stated the overall lot coverage is still under the maximum. Commissioner Filippone asked why the Petitioner didn't originally ask for a 16' wide driveway. Commissioner Filippone further stated the pavers aren't completely flat, thus using a wheelchair on that surface wouldn't be entirely practical. Planning & Zoning Commission Meeting —January 14, 2020 PZ -25-20 18 Mr. Harmon stated that had the house been properly setback, no variation would have been needed, and the Petitioner could obtain permit approval for his request. Hearing no further comments Chairman Donnelly closed the hearing and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve: 1. "A variation to allow front lot coverage of 48.15% for the property located at 918 S. Elm Street for the purpose of widening the existing driveway, as shown on the plans in the administrative content section of the case." UPON ROLL CALL AYES: Beattie, Griffin, Szymczak NAYS: Filippone, Donnelly The recommendation was approved by a vote of 3-2. Hearing one additional case, Commissioner Filippone made a motion seconded by Commissioner Beattie and the meeting was adjourned at 9:20 PM. Connor Harmon Development Planner Planning & Zoning Commission Meeting —January 14, 2020 PZ -25-20 19 Jan 26, 2020 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Via email: bcooney@mountprospect.org Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of 918 variance by a 3-2 vote. Our request is scheduled to go before Village Board for the ordinance's first reading (FEB 02, 2021). We are requesting that the Village Board waive the second reading and take final action at FEB 027 2021 because we want to start the project as soon as possible in order to obtain our final permits for our project as a whole. appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at Oohnb@ypvdist.com). Sincerely. John Bouzas 918 S Elm Street Mount Prospect II, 60056 20