HomeMy WebLinkAbout10/08/2026 PZ-21-26 / 1714 Larch Drive / CU: Setback Reduction for Accessory Structure (Deck)1
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-21-26
PROPERTY ADDRESS:
PETITIONER:
PROPERTY OWNER:
PUBLICATION DATE:
REQUEST:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
Hearing Date: September 24, 2026
1714 Larch Drive
Mike Klein, Kayak Pools Midwest
Antonio M a rtzovi a
September 9, 2026
Conditional use approval for a setback reduction for an
accessory structure.
Joseph Donnelly
William Beattie
Ewa Weir
Walter Szymczak
Richard Rogers
Donald Olsen
Michael Fricano
Fay Costa
Jason Shallcross — Director of Community & Economic
Development
Ann Choi — Senior Development Planner
INTERESTED PARTIES: Antonio Martzovia, Property Owner
Shawn Styles, Pool Installer
Mike Small, Neighbor (1716 North Larch Drive)
Chairman Donnelly called the meeting to order at 7:01 PM.
Chairman Donnelly moved on to Item Two, Approval of Minutes. Vice Chairman Beattie
made a motion seconded by Commissioner Szymczak to approve the minutes of the
Planning and Zoning Commission meeting on August 27, 2026. The minutes were approved
6-0.
Chairman Donnelly introduced case number PZ-21-26, 1714 Larch Drive, a request for
conditional use approval to reduce the required rear yard setback from fifteen feet (15'-0")
Planning & Zoning Commission Meeting — September 24, 2026 PZ-21-26
to ten feet (10'-0") for the construction of deck attached to an above -ground pool.
Chairman Donnelly noted that the Planning and Zoning Commission's decision is final for
this case.
Mr. Shallcross stated that the petitioner, Mike Klein of Kayak Pools Midwest, is acting on
behalf of the property owner, Antonio Martzovia, who isseeking a conditional use to
reduce the rear yard setback for an accessory structure from the required fifteen feet (15'-
0") to ten feet (10'-0").
Mr. Shallcross presented the existing conditions and the proposed site plan, noting that
there is currently no deck or pool on the property. Mr. Shallcross explained that the relief is
requested because the Village requires pools to be separated from buried underground
utilities for safety. Mr. Shallcross stated that, because of these separation requirements
and the property's unique shape, the proposed location is the only area of the backyard
where a pool and deck could be placed.
Mr. Shallcross noted that all other bulk regulations, including lot coverage and the size of
the structure, meet code, and that the request is solely for a reduction in the rear yard
setback from fifteen feet to ten feet.
Staff recommended approval of the conditional use, subject to the conditions contained in
the staff report. Staff noted that feedback had been received from residents and neighbors
both in support of and in opposition to the proposal, and that the opposing comments
reflected a preference not to have this type of use closer to neighboring yards.
Hearing no questions for staff from the Commissioners, Chairman Donnelly invited the
Petitioner to the stand. Chairman Donnelly swore in Shawn Styles of 2209 Second Street,
Peru, IL, who stated that he is the pool installer for the project. The property owner was
also in attendance and indicated that he would not be speaking.
In response to questions from the Commissioners, Mr. Styles explained that, according to
the drawings, the pool wall itself would be approximately twenty feet from the property line
and that it is the decking around the pool that encroaches into the required fifteen -foot
setback. Commissioner Beattie observed that if the pool were made to comply with the
setback, the property would be left with something closer to a bathtub than a pool, and Mr.
Styles agreed, noting that the lot is an unusual property with utilities on two sides.
Mr. Styles stated that the deck would be raised approximately three and a half feet above
grade, depending on the grade of the yard, and that the pool is an aluminum, above -ground
pool with the deck attached to it. In response to a Commissioner's question, Mr. Styles
confirmed that the pool and deck are connected and that the pool is entirely above ground.
Mr. Styles stated that a 36-inch safety fence would be installed around the pool structure
on top of the raised deck, for a total height of approximately six and a half feet depending
Planning & Zoning Commission Meeting — September 24, 2026 PZ-21-26
on grade, and that the lot is also enclosed by an existing fence approximately four feet tall.
It was confirmed that the safety fence is the fence attached to the pool structure and that it
is code compliant.
Commissioner Beattie shared a personal experience with cable service being buried in a
shallow trench and asked whether the underground cable could simply be relocated. The
Commissioner remarked that if the cable were overhead, the setback relief would not be
needed.
Chairman Donnelly asked if anyone else wished to address the case. Chairman Donnelly
swore in Mike Small of 1716 North Larch Drive, who stated that he lives next door to the
property owner, on the side where the pool would be located. Mr. Small spoke in support of
the request, describing the property owner as a quality neighbor who hosts well -organized
gatherings without excessive noise, and urged the Commission to approve the request.
Hearing no further comments, Chairman Donnelly closed the hearing and asked for a
motion to approve the conditional use based on the conditions listed in the staff report.
In response to Commissioner Beattie's question regarding whether the conditional use
would end if the pool were removed, staff clarified that the conditional use runs with the
property and would allow the pool to be replaced in the same location in the future,
consistent with the approved plans and conditions.
Commissioner Beattie asked staff to describe the opposition that had been received.
Director Shallcross stated that the concerns were not about the deck itself but about
neighborly events taking place in the yard, such as a concern that a gathering could be too
close to a neighboring backyard, and were general in nature.
Chairman Donnelly asked for a motion to approve the reduction in setback as presented.
Commissioner Beattie made motion and Commissioner Szymcak seconded the motion.
There was no further discussion.
UPON ROLL CALL AYES: Szymczak, Weir, Olsen, Beattie, Rogers, Donnelly
NAYS: None
The Planning and Zoning Commission approved the request (6-0). Chairman Donnelly
advised the Petitioner that the required permits may be obtained through the Village.
After hearing additional items of new business, Chairman Donnelly asked if there were any
citizens to be heard.
Planning & Zoning Commission Meeting — September 24, 2026 PZ-21-26
Hearing no further discussion, Vice Chairman Beattie made a motion seconded by
Commissioner Szymczak and the meeting was adjourned at 9:05 PM.
Charles Hogan, Senior Planner
Planning & Zoning Commission Meeting — September 24, 2026 PZ-21-26