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HomeMy WebLinkAbout10.1 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)  Meeting continued from the February 2, 2021 Village Board meeting.MO,I, � at pr(711MR" Item Cover Page i; ,I i Meeting February • 2021 REGULAR MEETING OF THE MOUNT FiscalPROSPECT VILLAGE BOARD - Category Type Action Information The Petitioner, John Bouzas,, proposes to expand an already existing variation to maximum lot coverage of 43.4% (approved in 2019),, to 48.15%. The Petitioner is proposing to widen the existing driveway by approximately 240 square feet by adding • pavers o each sideof driveway. The portion of driveway nearestto the garage would widento i stone pavers, to remain under the 33' maximum driveway width for a 3 car garage. The increased width of .i drive portion w! !i increase from to 16'. A significant portion of the primary structure is located within the 40" required front yard setback,i it challengingfor Petitioner t• meet 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 q 111i 11111 1 .' ! ! - - - Lot Requirements R -X Code Requirements Existing Proposed 1 Driveway Leading to the Attached 3„ 3 3 29 11 32 11 Car Garage Maximum Width Circular Driveway 26' (maximum) 12'12 161 Width (minimum) Front Lot Coverage Max. 35% 43.4% ” Overall Lot Max. 35/0 o 27.1% 0 28.1/o 0 Coverage 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 • • • Public Works- - r issues with the request - -s to storm waterdrainage,• the overall lot coverage- allowed • At the Planning & Zoning Commission meeting on January 14th, the Commission recommended ... of • - by a vote of No public comment Alternativesbeen received in support or denial of the request. The Petitioner has submitted a letter requesting to waive the 2nd reading. 1. Approve a variationII / for the property located at 918 S. Elmwidening i i driveway,i plan. 2. Discretion ill . Staff Recommendation -•-•• Staff recommends that the Village Board approve a variation to allow front yard coverage of 48.15% for the property located at 918 S. Elm Street for the purpos of • existing driveway,as shownon - plans in the administrative content section of the case. I Admin istrative_Content_. pdf Site Plan.pdf Staff Report. pdf Minutes. pdf Waive 2nd Reading Request.pdf E V illage of Mount Prospect 'Y' Community Development Department 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 - 7 Date of Submission, Hearing Date: Project Name/Address*1 1. Subject Property ffI hill Address(es): .. ........... ................................ .. . . ........... . . .. Zoning District (s)!' Parcel Index Number(s) (PIN(sil Property Area (Sq.Ft. and/or Acreage): 11. Zoning Request(s) (Check all that apply) F� Conditional Use: For -vN e k variation(s)'." To �--s F-1 Zoning Map Amendment, Rezone From To ❑ Zoning Text Amendment: Section(s) 0 Other: 111111. Summary of Proposal (use separate sheet if necessary) VS C . . ....... . .................... .. . ............... .......... 4i . . ........ a........... ..... ......... .... ........... IV. Applicant (all correspondence will be sent to the applicant) 0 V. Property Owner ........... Check if Same as Applicant Name: Corporation: ---- — -------- Address: 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 provall herein r application are true and accurate to t est Of rn Applicant: Pint ordye Name, in all materials submitted in association with this Wedige. mi ro Date: AOq 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. him= (Print or Type Name) K I Affidavit of Ownership UNION I COUNTY OF COOK } STATE OF ILLINOIS} under oath, state that I am {print name} f and that such property is owned by s of this date. -,/ . . . . ..................... ..... ... .. (print name) m NI a t u 41 a Subscribed and sworn to before IRENE SAUCED OFFICIAL SEAL Notary Public, State of III inois me this c> c7 da of i � n Ex Tres y nay ��r�r��.��,� � Februa ,21, 20021 4!V Ah 20 dwo/........... . . ... . . . ... .... .......... . ............ Nota Public L41 000.00 O'd, Cook tion tCouny Property Tax Payment Confirma 10010001100 , Payment may be withdrawn from your account as soon as tomorrow or the next banking &Usiness die,, s impof,tati�t tha,t;you haeme. ,m-oaey �,n yovrf bank accoviqt to, -over times payment. Th-ank you for using the.:Cook Cuu,nty Treasurer Rroperty Tax lelectronic payrnent '-S Y'Ste M — . . . ........ . ... . . . . . . . . - — ---- - Please keep a record of your Confirmation Number, or j: this page foryou.r r(" (""Ords. t ir A ;r Al W" lm"4ItA," .. . . .... . 7�1,71,,,� . . . . .. Or� 4 .......... .. .... .. Y(r,�ur, Paym!ennt DetaH --4 Ff r INV o, )t r P ro p e rvt!',� 11 r- A 5 *W �, , - N 11, *, m Z, ;% Ma �ww b"I 'iv, 4, 4,1i, u. IAJ t 'M (a ii i n o Address: 8 !3; E' L 'II'IM 5ST WAT PR()SFO'Ec1111r,1, X�L, 60056,11,1111-43 12 J, I e Ta x TV ile 0 1,4 ill, sa �IJl I ,% �M In 4 1� V`our Accolu',701C Li,'r�'KiaO Roul:I 1041140000 2,11,104 ve 144 Arcmiin�t� N�_dri he8S BIi.vrfl< Acc-IcA.IHI-It �n 'a d 6 01, 4j 04 IftZ 6, A, 101, J= Pfease keep a record of,your Confirmation Number, or pr1int, this page for your r17 1, - records. , ­," """" , "" , ­. "", , , , , ­,,, , , ­_ ­ ,, re, .» " 1!r " , ,, , "', . ", ,, "". 11, ­ , , I , "I ,,, ­, o I rrivr.II K,,Nfv TRUSTEE'S DEED (ILLINOIS) MAIL TO: 4 Michael Jff r ck A,ttornzy at, Law Avonada'l e su-Ite 2 1.0 Chi'cago, IL 60631 NAME ADDRESS OF TAXPAYER. J7 John L,, Bouzas "I'll) 918 S,* Elm Street Xt P roap-ac t, IL 6 0 0 5- 6 THIS INDENTURE, made this 29th day of September, 2003, between EARL Lo 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 .OUZAShusband, and wife, of 918 S Elm Street Mount Prospect, T1 I r 'r lnollos,f grante,e (�s),, WITNESSETH Tha-t grantor in consideration 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 aommon, but as, TENANTS 2Y THE ENTIREVt,, the. fol"low'ing descxibed real estate, situated in theCount-y o1 Cook, and State,, of Illinois, to wit: 901 tog:e,ther with the tenement,.s , he-redi'tameppurtenances thexeto ,belong,ing or in apyvdze appertai-ning. TO HAVE AND 'TO HOLD sa:"Ld prelm ises' hat as jo':Lnt tenants or -tenants 'ifi common, but 'as TENANTS BY THE ENTIRETY forever. Permanent Real Estate Index Number-, 08-13-112-004 Address of Real Estate: 918 S. Elm Street, Mount Prospect,, IL 60056 IRY WITNESS WHEREOF, the grantor, as trustee as aforesaid, doeg riereunto set his hand and seal the day and year f irst above written. . dM ZA as trustee as af oresaid rA STATE OF ILLINOIS COUNTY OF COOK )SS. the unde-rs-igjaed, a Nbt,,ary Public in and f or sa" id ,County anA hereby ,certif y that the f 0110win�f person EARL persOnal-ly known tO Me to be the same pe'' s ' I MERSKE, r on whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the paid instrument as his free and Voluntary ein act, as such trustee, fo'r,,tl, ... and purposes therset forth. WITNBSS,,�m I I h 2'9,th da ct I seal th'S ell jj �k NotaryPu/bl,-,J�-! .............. Permanent Re,aa Estate Index Nutnber.,: 08,-13,-112,-004 Address of Real Estate., Of S,�ep,tember, 2,003. 918 S. ElM Street, Mount Prospect, IL 60056 This instrument prepared by: John Prospect, IL 60056 (847) 255-5400 kj01 IF 21 t i Ir V� 0#1 ernl7z "? ml wo ki-A , if PON L,,� .. . .. . . .. . . .... ..... . . .... / , I �7111111 roo% 16 On& ���d w � �r�%i)�%x m f�j ,' �'rc '�`,�'a � „�a. Ir "'� li,� dvN � IPJ ��� u�J� ' ov � r,<w,wvY x«�w+µ„m„ax w„',rk,,�,wiimmr„w�"^w'•w„,w„v,°�rcca„,,,,� J "jt, 1, o, 4(;z C. Haas, 115 S. Emerson St., Mount `ttatttutt�ruwrirrrrgrr�r�/,' N oa a p ii, M o LLJ ^" Wp LL, = a t,7 [ LLJz eeaovo•ev°svasv?OOe�°�y�', C� Z '''/r�rrrrrl�rsstttttNtt`t`````` J M uj Q N N 000 W to w V) w W ~ O U �. 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JJQ11 W w 0 2= R Z J w 2 0 2 C-) F- � m 0 a m F- z F- D Fes: U: vi 0 0 0 0 0 The hardship was shaped by years ago when an engineer decided, to: put a curve in Elm street fight at 918. Then, some one flound it acceptable to build a hotise appr ximately `O'ftom the front lot line. This left me With a non- confbnning house that I walued to save and renavale on two levels. Zoning laws chatigies and front yard, M)ervious surface reqw*rements madel my plans difficult to observe and adhere to I'Jecause of thenon-contJor ning tiact, that'729 sq. ft. of ex,,Ist*ng house 'tn,pacted that requ'urment for me for my'vislion of my house. No, we plan to live here foe many, many years. I believe decisions made in the past have made my decision to 1111, r,()VC the property difficult. I believe that we will not be a detriment to my neighbors, in fact, I believe they are welcoming my of -the � r jVrty in our ,P 10 j T'hec.haracter of the neighborhood 'is chan IV "'ng and new hoxnIes and remodcled harnes tire contributing to a new vibrant neighborhood of which I am a metnber. Wewill not impact our adjacent neighbors. with water runoff, in fact, we have impyov t*,d the water s atItu,,* 11, W1 al I "on Rh yard drains. It will ce not inrxsel traffic, cut off sun or *r and. Ibebeve Will not endanger public safety on our street and surrounding neigl)borhood. 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 ° 13 ------------------ aer 1A IN DATE: January 71h, 2021 CASE NUMBER APPLICANT/PROPERTY OWNER PZ -25-20 John Bouzas PUBLIC HEARING DATE January 14th, 2021 PROPERTY ADDRESSAOCATION 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 1,8.15% 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. M .......................................................................... ................. . .............................................. . . . . . . . . . . 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: RA Single Family Residential, residential West: R-1 Single Family Residential, residential STAFF RECOMMENDATION 14 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 2n, 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 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 F Requirements Driveway Leading to the Attached 3 33" 29" 11"' 32,P1111 Car Garage Maximum Width Circular Driveway Width . . . . ..................... 261 12' 1611 Front Lot Coverage Max. 35% 33.47% 48.15% Overall Lot Coverage Max. 35r'© 27.1% 28.1% 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: 0 r-0 A hardship due to the physical surroundings, shape, or topographical conditions of a speCITIC property not generally applicable to other properties in the same zoning district and not created by any person presently havin•g an interest in the property; Lack of desire to increase financial gain; and 11111i q Is lip• 6 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 4 If. 4 renovation, drainage has improved on the property compared to previous conaitions. 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 th 'I 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: M 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 o the case. I ATTACHMENTS: ADMINISTRATIVE CONTENT' PLANS OTHER (Supplemental Information, (Zoning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Public Comments Received, Standards, etc.-) etc... ........... Williarnh. Cooney, Alb Director of Community Development H:\PLAN\Planning & Zoning COMM\P&Z 2020\Staff Reports\PZ-25-20 918 S, Elm Street (VAR- Front Lot Coverage),docx 16 1 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 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,, Szymcza k 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. C�Al*� 4w�,� 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 021 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