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HomeMy WebLinkAbout6.4 Motion to waive the rule requiring two readings of a ordinance and adopt AN ORDINANCE GRANTING A CONDITIONAL USE FOR SIDE-YARD SETBACK REDUCTION FOR A SHED FOR THE PROPERTY LOCATED AT 1803 BITTERSWEET LANE, MOUNT PROSPECT, ILLINOIS (PZ-17-23)M+awn �'xytlts=e Item Cover Page Subject Motion to waive the rule requiring two readings of a ordinance and adopt AN ORDINANCE GRANTING A CONDITIONAL USE FOR SIDE -YARD SETBACK REDUCTION FOR A SHED FOR THE PROPERTY LOCATED AT 1803 BITTERSWEET LANE, MOUNT PROSPECT, ILLINOIS (PZ -17-23) Meeting November 7, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information N/A N/A N/A CONSENT AGENDA Action Item The petitioner is seeking a conditional use per Sec. 14.604 for a side -yard setback reduction at 1803 E. Bittersweet Ln. to construct a shed three feet (3') from the interior property line, whereas five feet (5') is required. The subject property was annexed into the Village in 1971 and the current improvements consist of a two-story single-family residence with an attached two -car garage and patio. The subject property is located near the southeast corner of Quince and Bittersweet Lanes and is zoned R-1: Single -Family Residential. nicr_uccinn The petitioner proposes to construct a 40 ft.2 shed setback 3' from the interior lot line. A conditional use is being requested as the proposed shed location does not meet the 5' setback requirement per Sec. 14.306 -B -2-b. Sec. 14.604 permits side -yard setback reduction for structures in the R -X, R-1, and R -A zoning districts as a conditional use. A conditional use is being requested from the following code section: 1. Sec. 14.604: Setback reductions in all required yards. The proposed shed will be setback 3 ft. from the interior lot line, whereas a minimum setback of 5 ft. is required. Per the Petitioner, there are several conditions on the subject property preventing the shed from being located 5 ft. from the property line as required by the Zoning Ordinance. The conditions include an irregular shaped lot that has a narrower backyard, existing vegetation in the south and west corners of the lot, above ground and underground utility lines extending from the southwest corner of the lot, and an underground sprinkler system that is located approximately 7 ft. from the interior lot line. The Petitioner has submitted written responses to the conditional use standards which is attached to this report as an exhibit. Staff finds that the standards for a conditional use have been met. Staff's findings are summarized below: • The proposed conditional use will not be detrimental or injurious to the general welfare or adjacent subject properties, as a shed is a common accessory structure in a residential zoning district and sheds have minimal impact. The proposed shed does not require any utilities, access roads, ingress/egress. The proposed conditional use will be consistent with the Comprehensive Plan and the development of the area as it will maintain the existing residential use of the subject property. Staff has not received any public comments on this petition to -date. The Planning & Zoning Commission held a public hearing on the request on October 26, 2023. The Planning & Zoning Commission recommended approval of the request by a vote of 4-1. Commissioner Weir dissented and stated that there is a concern for a precedent being set by approving the request and that there are other options that would meet the code requirement. Chair Donnelly stated that the lot is unique in that it is wider than longer, which limits the amount of backyard space available. There were no public comments provided at the hearing. Alternatives Approval of the following motion: "A conditional use per Sec. 14.604 to permit a shed to be setback 3 ft. from the interior property line, whereas the minimum setback required is 5 ft. on the property located 1803 E. Bittersweet Ln., as shown on the plans submitted and attached to this request." 2. Action at the discretion of the Village Board. Staff Recommendation Approval of a conditional use per Sec. 14.604 to permit a shed to be setback 3 ft. from the interior property line, whereas the minimum setback required is 5 ft. on the property located 1803 E. Bittersweet Ln., as shown on the plans submitted and attached to this request. Attachments 1. 1_Staff Report _PZ -17-23_1803 Bittersweet_ CU_Chaiken Shed 2. 2—Administrative Content _ PZ- 17-23_1803 Bittersweet_CU_Chaiken Shed 3. 3_Plans_PZ- 17-23_1803 Bittersweet_CU_Chaiken Shed 4. Ord. XXXX CU for Side -Yard Setback Reduction (1803 Bittersweet Lane)_Choiedits 5. PZ -17-23 (1803 Bittersweet) Minutes VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Mo Khan Director of Community Development Development Planner DATE: October 20, 2023 CASE NUMBER PZ -17-23 PUBLIC HEARING DATE October 26, 2023 APPLICANT/PROPERTY OWNER Eugene Chaiken PROPERTY ADDRESS/LOCATION 1803 E. Bittersweet Ln. BRIEF SUMMARY OF REQUEST The petitioner is seeking a conditional use per Sec. 14.604 for a side -yard setback reduction at 1803 E. Bittersweet Ln. to construct a shed three feet (3') from the interior property line, whereas five feet (5') is required. 2023 Village of Mount Prospect Zoning Map EXISTING EXISTING LAND SURROUNDING ZONING & LAND SIZE OF ZONING USE/SITE USE PROPERTY R-1 Single IMPROVEMENTS North: R -I Single Family Residential 0.21 Acres Family Detached Single Family East: R -I Single Family Residential Residential Residential South: R -I Single Family Residential West: R -I Single Family Residential =I STAFF RECOMMENDATION APPROVE WITH CONDITIONS DENY 1 BACKGROUND / PROPERTY HISTORY The subject property was annexed into the Village in 1971 and the current improvements consist of a two-story single-family residence with an attached two -car garage and patio. The subject property is located near the southeast corner of Quince and Bittersweet Lanes and is zoned R -l: Single -Family Residential. PROPOSAL The petitioner proposes to construct a 40 ft.2 shed setback 3' from the interior lot line. A conditional use is being request as the proposed shed location does not meet the 5' setback requirement per Sec. 14.306 -B -2-b. Sec. 14.604 permits side -yard setback reduction for structures in the R -X, R-1, and R -A zoning districts as a conditional use. A conditional use is being requested from the following code section: 1. Sec. 14.604: Setback reductions in all required yards. The proposed shed will be setback 3 ft. from the interior lot line, whereas a minimum setback of 5 ft. is required. CONDITIONAL USE STANDARDS The standards for a conditional use are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific standards that must be met to approve a conditional use. The following list is a summary of these findings: 1. The conditional use will not be detrimental to the public health, safety, morals, comfort, or general welfare. 2. The conditional use will not be injurious to the uses and property in the immediate vicinity. 3. The conditional use will not impede development of surrounding properties. 4. The conditional use is provided with adequate public utilities, access roads and drainage. 5. The conditional use is provided with ingress/egress as to minimize traffic congestion on public streets. 6. The conditional use is consistent with the Comprehensive Plan. 7. The conditional use conforms to all applicable Village codes for the zoning district the subject property is located. Per the Petitioner, there are several conditions on the subject property preventing the shed from being located 5 ft. from the property line as required by the Zoning Ordinance. The conditions include an irregular shaped lot that has a narrower backyard, existing vegetation in the south and west corners of the lot, above ground and underground utility lines extending from the southwest corner of the lot, and an underground sprinkler system that is located approximately 7 ft. from the interior lot line. The Petitioner has submitted written responses to the conditional use standards which is attached to this report as an exhibit. Staff finds that the standards for a conditional use have been meet. Staff's findings are summarized below: • The proposed conditional use will not be detrimental or injurious to the general welfare or adjacent subject properties, as a shed is a common accessory structure in a residential zoning district and sheds have minimal impact. The proposed shed does not require any utility, access roads, ingress/egress. The proposed conditional use will be consistent with the Comprehensive Plan and the development of the area as it will maintain the existing residential use of the subject property. PUBLIC COMMENTS As of this writing, Staff has not received any public comments. Staff finds that the standards for conditional use have been as the construction of the shed will not be injurious or detrimental to the public health, safety, morals, or general welfare and will not impact the development or use of the properties in the surround area. The proposed conditional use is consistent with the Comprehensive Plan and meets all applicable Village Codes. 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: "A conditional use per Sec. 14.604 to permit a shed to be setback 3 ft. from the interior property line, whereas the minimum setback required is 5 ft. on the property located 1803 E. Bittersweet Ln., as shown on the plans submitted and attached to this request." The Village Board's decision is final for this case. ATTACHMENTS: ADMINISTRATIVE PLANS CONTENT (Plat of Survey, Site (Zoning Request Application, Plan, etc.) Responses to Standards, etc.) I concur: William J. Cooney, AICP Director of Community Development OTHER (Supp emental Information, Public Comments Received, etc.) 7.7.77 Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Oniv to be Case Number: P&Z - I" P - Z3 Date of Submission: Hearing Date: iRLLO /Z Project Name/Address: (,JJgf16er1V IMC -D 1. Subject Property Address(es): Zoning District (s): Property Area (Sq. Ft. and/or Acreage): Parcel Index Number(s) (PIN(s): 123- -220 -015_ QOOO 11. Zoning Request(s) (Check all that apply) QrConditional Use: For Side -Yard Setback Reduction for Shed I(Variation(s): To .1 M Zoning Map Amendment: Rezone From To ❑ Zoning Text Amendment: Section(s) ❑ Other: Ill. Summary of Proposal (use separate shoot if necessary) IV. Applicant (all correspondence will be sent to the applicant) .11 . . . ............... . Name: Q_ kew Corporation;. Address: o"s 6: . F') tame City, State, ZIP Code: no0ill, EL (000S6 Phone: X41 6�5 --)qlz- Email: ck Interest in Property: (e.g. owner, buyer, developer, lessee, architect, etc,..) 1 V. Property Owner Check if Same..as�..APP.�a...�.�...�.......m��....�,�._a_..�,�.._....................�..........��...��......��......�._ma��..��.��. lic nt Name: e_....�..�......_........e_� 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 provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: Date: ( b 5 (Signat Lao (Print or Tifik Name) If applicant is not property owner: 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: (Signature) (Print or Type Name) Date: Affidavit of Ownership I KNIMERMIKITCOM fin .e, vt,e,, 6�A under oath, state that I am --(�nnt name) E] the sole owner of the property an owner of the property � LA�ii� Al commonly, described (property address and PIN) ---- -- --- - -- ------ - --------------- — - — ------------------------- and that Such property is owned by P, a as of this date, (print name) 7 �ic nature �t� me this )3f' day of 1 20� C') Notary Public 'WLA S KHAM Offidal SeM "tar'y P0 Hc Statv Of UhnWs M`CO`,'"'rrft,kWTI EXPIM, Apr 29, 2025 . WARRANTY DEED THE GRANTORS, EUGENE I. CHAIKEN and LEAH CHAIXEN, husband and wife, of 1803 Bittersweet Ln., Mt. Prospect Comity of Cook, State of Illinois, for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations in hand paid, CONVEY and WARRANT an undivided V2interest as a tenant-in-common to: EUGENE I. CHAIKEN or LEAH B. CHAIKEN, Trustees, or their successors in trust, under the EUGENE I. CHAIKEN LIVING TRUST, dated August 31, 2004, and any amendments thereto, of 1803 Bittersweet Ln., Mt. Prospect County -Of Cook, State of - Illinois, and an undivided 1/2 interest as a tenant-in-common to: LEAH B. CHAIKEN or EUGENE I. ll Doc#: 0428249055 Eugene "Gene" Moore Fee-. $28.00 Cook County Recorder of Deeds Date: 1010812004 10:47 AM Pg: I Of 3 K — 7— RWA5 d fs Qnly) Exempt under Paragraph (e) of 35 ILCS 200/31-45, Property Tax Code Date: 'Name: CHAIKEN, Trustees, or their successors in trust, tinder the LEAH B. CHAIKEN LIVING TRUST, dated August 31, 2004, and any amendments thereto, of 1803 Bittersweet Ln., Mt. Prospect, County of Cook, State of Illinois, all interest in the following described Real Estate situated in the County of Cook, in the State of Illinois, to wit: SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION. aQppgyAddresj: 1803 Bittersweet Ln., Mt. Prospect, IL 60056 Rg[Mane gt Index Biu et: 03-25-306-015-0000 with fall power and authority in any Trustee or Successor Trustee to protect, sell, lease, encumber or dispose of the Real Estate in the same manner as a person owning it in fee simple and without any trust, and hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. DATED thisday of skn --,2004. _(Seal) —(Scaj) EU-dCjE-'- HAI' LEAH LEAH CHATKEN State of ss. County of 1, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that EUGENE I. CHAIKEN and LEAH CHAIKEN, husband and wife, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. — '- 11 -k-- --,-6 2004, se , tis G' en tut ,r my Ila, day of r r)c 6.1 P'OFFICIAL SEAL otiay LAUREN ELIZABETH TURNER ILLINOIS t Oj �N X is NOTARY PUBLIC STATE OF IWNOIS Yy9ommission E)q),ires 06102/2008 $0.00 By 10/01/23 IF PAYING LATE, PLEASE PAY 2022 First Installment Property Tax Bill - Cook County Electronic Bill Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification 03-25-306-015-0000 233 38044 2022 (2023) WHEELING 2-78 10/02/2023 - 11/01/2023 11/02/2023 - 12/01/2023 12/02/2023 - 01/01/2024 LATE INTEREST IS 1.5% PER $0.00 $0.00 $0.00 MONTH, BY STATE LAW Your Taxing Districts Money Owed by Your Taxing Districts Pension and Healthcare Amounts Promised by Your Taxing Districts Amount of Pension and Healthcare Shortage % of Pension and Healthcare Costs Taxing Districts Can Pay Northwest Mosquito Abatement Wheeling $1,080,667 $7,960,421 -$824,317 110.36% Metro Water Reclamation Dist of Chicago $3,327,854,000 $3,020,080,000 $1,168,985,000 61.29% River Trails Park Dist Prospect Heights $9,992,525 $9,344,992 -$346,837 103.71% Harper Coll Comm College 512 (Palatine) $385,9679009 $71,570,388 $7195709388 0.00% Township HS District 214 (Arlington Hts) $17490849349 $270,533,348 -$10,9419244 104.04% River Trails Elementary SO 26 (Mt Pros) $33,3549963 $33,183,419 $9,8259384 70.39% Village of Mount Prospect $1689137,977 $365,344,346 $99,6919444 72.71% Town of Wheeling $12,813 $5,287,671 $0 100.00% Cook County Forest Preserve District $233,103,051 $540,107,634 $3289420,280 39.19% County of Cook $8,019,310,814 $29,739,673,504 $17,090,063,066 42.53% Total $129352,898,168 $34,063,085,723 $18,7569443,164 For a more in-depth look at government finances and how they affect your taxes, visit cookcountytreasurer.com PAY YOUR TAXES ONLINE Pay at cookcountytreasurer.com from your bank account or credit card. 2021 TOTAL TAX 9,673.60 2022 ESTIMATE X 55% 2022 1st INSTALLMENT = 5,320.48 The First Installment amount is 55% of last year's total taxes. All exemptions, such as homeowner and senior exemptions, will be reflected on your Second Installment tax bill. 1803 E BITTERSWEET LN MOUNT PROSPECT IL 60056 *** Please see 2022 First Installment Payment Coupon next page *** EUGENE CHAIKEN 1803 BITTERSWEET LANE MT PROSPECT IL 600561905 2022 First Installment Property Tax Bill Cook County Payment Coupon Pursuant to Cook County Ordinance 07-0-68, if you are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILCS 200/20-12, you may not pay using a downloadable tax bill unless you pay the $5 duplicate bill fee. DE rACH & INCLUDE wi rH PA MEN r 11M 11 _ T1LG Property Index Number (PIN) Volume $0.00 Cook county eBill 03-25-306-015-0000 233 By 10/01/23 Click to pay online Amount Paid If paying later, refer to amounts above. Click to update Mailing Name/Address SN 0020220100 RTN 500001075 AN (see PIN) TC 008922 $ 00202201000032530601500004008922400000000000000000000000000000000000000000000 This is an Official Downloadable Tax Bill Payment Coupon. COOK COUNTY TREASURER Please process this coupon along with payment presented. PO BOX 805436 CHICAGO IL 60680-4116 03253060150000/0/22/E/0000000000/1 October 6, 2023 Request for Conditional Use Approval We are requesting a Conditional Use Approval in order to put up a 5' by 8' shed in our backyard at 1803 E Bittersweet Ln in the location shown on the plat of survey. The code requires a 5' set back from the property line but for the reasons set forth below we could only meet a 3' set back at the proposed location. Our property is on a unique and irregularly shaped lot with a narrow back yard. There is a large fir tree in the Southern corner of the lot. There are bushes and smaller fir trees in the Western corner. Utility and cable lines extend overhead and underground from a pole just outside the fence in this corner to the house. A sprinkler system runs generally around the yard about 7' from the fence. A shed could not be placed over those sprinkler lines without blocking the heads. Removal or relocation of the sprinkler lines would cause a financial hardship for us. A shed placed on the opposite side of the proposed location would be too close to the walkway and the gate. As proposed the shed would meet or exceed a 3' set back from the primary property. We submit that: 1. The establishment of the Conditional Use will not be detrimental or endanger the public health or general welfare of any person. 2. Will not be injurious to or diminish any property values in the area. 3. That the shed will not impact the development or use of any surrounding property. 4. That the shed will have no impact on any public utilities. 5. That there will be no impact on public access or traffic in the area. 6. That to the best of our knowledge the conditional use is not contrary to the objectives of the Comprehensive Village plan. 7. That to the best of our knowledge the shed will comply with all other regulations except for the 5 foot setback. Accordingly, we respectfully request this Conditional Use Approval. Eugene Chaiken 1803 E Bittersweet Ln Mount Prospect, IL . . ..... . ....... .. . ..... . ..... ..... PLA T ("Y" SUdqR rid ;Ilf Lnl- 0, in -11ho 1111 1111 pe, md �'h, Norlh, Cnok Cm-M�,), Hhooj,, ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE FOR A SIDE -YARD SETBACK REDUCTION FOR A SHED FOR THE PROPERTY LOCATED AT 1803 BITTERSWEET LANE, MOUNT PROSPECT, ILLINOIS WHEREAS, Eugene Chaiken (Petitioner) has filed a petition for a Conditional Use for a Side -Yard Setback Reduction for the construction of a shed for the Property located at 1803 Bittersweet Lane and legally described as: LOT 36 IN FOREST MANOR UNIT 2 BEING A SUBDIVISION IN SOUTHWEST 1/4 AND SOUTH EAST 1/4 OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PROPERTY ID: 03-25-306-015-0000; and WHEREAS, the "Petitioner" seeks a Conditional Use to permit a Side -Yard Setback Reduction for a Shed, as provided in Section 14.604, which Shed would be approximately located 3 ft. from the interior lot line, whereas the minimum required is 5 ft. at 1803 Bittersweet Lane; and WHEREAS, a Public Hearing was held on the requests for a Conditional Use being the subject of PZ -17-23 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of October, 2023, pursuant to proper legal notice having been published in the Journal & Topics on the 11' day of October, 2023; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees in support of the request being the subject of PZ -17-23; and WHEREAS, the President 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 would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT 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 President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use to allow a Side -Yard Setback Reduction PZ -17-23 for the construction of a shed at the Subject Property per the attached Exbibit 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 in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this 7t" day of November, 2023 Paul Wm. Hoefert Mayor ATTEST: Karen M. 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Im �u owe mhu j ro" wlhdaillwam,,UTATAwj "Mwww w�mq litlNWffiIII9 ww; n.. wu,w wwm fi w y wmw wwww Irywwhe I, W wmwii�,-A A r t ",Afj, p Ow mom 01 wfiqulplim,plewe> rwm WrmAMIOOr WA 0 IM 15 MEMO 56 I'm w O rw",m "Iwm 'd Rollvp RollA W VWW4', Moo rcpW lWw PfX'0, A14wwNV g wiii lil,�m W v W d.'rm'Mxtmq w uMr / m'< i;liNeltywrnwwmm I111w11 ,rii VIW MAgA, IIN N r4uw nwl � wnlmow��u�rw u ung rm� �w � m �lllux ImnW II a �nml IIIIIIII rwi�mwuw by6m fll MaMuw wltlWuNi wviul U YM p 'F.IllI�lYwlm� ��wm 6J�w4�14 lug ,rw n � 9 x new www° R'llp 1 N W si berry WNrm &NBtfW "Ntw^w INrI Uaw,wwm,wulMM aN NWNdN f u IA P Wo44''f w,Mnan IXdW54 ���.VM'y f,. & ftalllmf Ro'llb, tw pij, m udAIIe W 6,J41i� WWwMI, L'I WIN °mw,= N� �m�,m �IWg rwWro wV AI "N J'l Iaw "wwwoww I RUQ vw IAd wu9enIIl�Nwa 6m� IAuwmrwOywluw.m" �u,gw 44Wwr**% *,1'VlAFI wml,'(wm kA WOO ,fin m;mlu wur. ' H �IM-11r mw wm w Www m mrvWw uwwMF%' wA N 3Mw+ am is'"110 hiriwakikiftil I W¢?91wyw awmm"oybv ppfi ry—s mw',wo M.—MO, ,a�wlt AmAlllll r nwwwnfWnh"wRit , W wf wE cul wwwllm�wmwrmm, ill Irini�,q'w�mmr�,w„ 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -14-23 Hearing Date: October 26, 2023 PROPERTY ADDRESS: 1803 Bittersweet Lane PETITIONER: Eugene Chaiken PROPERTY OWNER: Eugene Chaiken PUBLICATION DATE: October 11, 2023 REQUEST: Conditional Use for a Side -yard Setback Reduction for a Shed MEMBERS PRESENT: Thomas Fitzgerald Walter Szymczak Ewa Weir William Beattie Greg Miller Joseph Donnelly MEMBERS ABSENT: Norbert Mizwicki Donald Olsen Greg Miller STAFF MEMBERS PRESENT: Mo Khan — Development Planner INTERESTED PARTIES: None Chairman Donnelly called the meeting to order at 7:00 PM. Commissioner Fitzgerald made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on September 28, 2023. The minutes were approved 5-0. After hearing the first item of business, Chairman Donnelly introduced the second item of business: Case PZ -17-23, 1803 Bittersweet Ln., a request for a conditional use for a side -yard setback reduction for a shed. Mr. Khan stated that the Petitioner is requesting a conditional use for a side -yard setback reduction to construct a shed 3 ft. from the property line, whereas 5 ft. is required. Mr. Khan stated that due to conditions of the lot, including location of underground irrigation, existing vegetation, and location of power lines, the shed cannot be located in a place that meets the zoning requirements. Mr. Khan stated with the exception for the requested zoning relief, the proposed shed meets all other zoning requirements such as lot coverage, building separation, and height. Mr. Khan stated that the Staff finds the standards for conditional use have been meet and for the Planning & Zoning Commission to adopt the staff's findings and approve the following motion: Planning & Zoning Commission Meeting — October 26, 2023 PZ -17-23 1. "A conditional use per Sec. 14.604 to permit a shed to be setback 3 ft. from the interior property line, whereas the minimum setback required is 5 ft. on the property located 1803 E. Bittersweet Ln., as shown on the plans submitted and attached to this request." Mr. Khan stated that the Village Board's decision is final for this case. Commissioners did not have any question for staff. Chairman Donnelly swore in the Petitioner. Chairman Donnelly asked the Petitioner to explain their request. The Petitioner stated they are seeking to construct a small shed to store items that are currently stored in their house that are typically used for outside work. The Petitioner stated that due to reasons with their property (previously mentioned by staff) that the shed would need to be located as proposed. Commissioner Wier stated that the shed can be located where it meets zoning requirements and is concern with setting a precedent. Commissioner Fitzgerald stated he appreciates the Petitioner for going through the process to request the setback reduction. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the following motion: "A conditional use per Sec. 14.604 to permit a shed to be setback 3 ft. from the interior property line, whereas the minimum setback required is 5 ft. on the property located 1803 E. Bittersweet Ln., as shown on the plans submitted and attached to this request." UPON ROLL CALL AYES: Fitzgerald, Szymczak, Beattie, and Donnelly NAYS: Weir The motion was approved by a vote of 4-1. Chairman Donnelly made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 7:18 PM. Mo Khan Development Planner Planning & Zoning Commission Meeting — October 26, 2023 PZ -17-23