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HomeMy WebLinkAbout04/23/2009 P&Z minutes 08-09 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-08-09 Hearing Date: April 23, 2009 PROPERTY ADDRESS: 915 S. Hi Lusi Avenue PETITIONER: Alexandros Agalianos PUBLICATION DATE: March 11, 2009 PIN NUMBER: 08-14-207 -008-0000 REQUEST: Conditional Use (circular driveway) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Alexandros and Georgia Agalianos Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the February 26, 2009 meeting; Marlys Haaland seconded the motion. The minutes were approved 6- 0; with Joseph Donnelly abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ-08- 09, a request for a Conditional Use (circular driveway) at 915 Hi Lusi Avenue, at 7:37 p.m. Consuelo Andrade, Development Review Planner, said the Petitioner was requesting Conditional Use approval to allow construction of a circular driveway for the property located at 915 Hi Lusi A venue. The subject property is zoned R-l Single Family Residential and is bordered on all four sides by the R-l district. The lot measures 75 feet wide by 150 feet deep; it contains a single-family home with related improvements. Ms. Andrade showed a copy of the Plat of Survey that reflected the existing site conditions. She also showed a picture of the existing home. Ms. Andrade stated that the existing home is one story made out of brick and is currently unoccupied. The subject property presently complies with the R-l zoning requirements. The Petitioner was proposing to demolish the existing home and construct a new single-family home with related improvements that include a circular driveway in the front yard. Ms. Andrade said Village Code requires a Conditional Use for a circular driveway. Ms. Andrade showed the site plan for the proposed home. It would be two stories with related improvements that include a patio in the rear yard and the proposed circular driveway. The proposed driveway would measure 12 feet wide and would connect to a standard 12 foot wide by 20 foot wide driveway. Ms. Andrade showed pictures of the building elevations. The home would be constructed out of brick and stone. A three car garage would be attached to the home one car garage door fronting Hi Lusi and the two car garage would face the north side yard. Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-08-09 Page 1 of 4 Ms. Andrade showed a table for the R.l Single Family District Requirements: Rl Single Family District Existing Proposed Requirements Setbacks Front 30' 40.07' 32' Interior 10' or 10% oflot width 7.4 2' -north 8'-north 21.30' -south 8'- south Rear 25' 64.04' 61 ' Lot Covera2e Front Yard 45% max 22% 44.73% Overall 45% max 22% 43.67% Minimum Lot Width 75' min. 75' No change for Circular Driveways Turning Radius 15' min. N/A 18' Minimum Driveway Width (circular portion) 12' min N/A 12' Ms. Andrade stated that it has been previous Village policy to support a request for a circular driveway when the subject property fronts an arterial street and/or traffic volume is such that a circular driveway is necessary to resolve a safety conflict. She stated that circular driveways are not always requested as a safety issue, but as part of a larger improvement project for a residential property, and that Ordinance 5547 was approved recognizing this. Ms. Andrade discussed Ordinance 5547 that passed on February 7, 2006. This set forth minimum requirements for consideration of a Conditional Use approval for circular driveways to lots that measured 75 feet or greater in width. Additionally, the circular driveway should be a minimum 12 feet wide and have a minimum turning radius of 15 feet. Ms. Andrade showed the proposed driveway measurements. She said the Petitioner's proposed driveway would comply with the requirements set forth by Ordinance 5547. The subject property measures 75 feet wide, the circular drive width is 12 feet, and the minimum turning radius is 18 feet. Ms. Andrade said that Staff recommended approval of the motion listed in the Staff Report. Mr. Donnelly said he knew the Village had looked at circular driveways when the requirements were created, he thought if they met the requirements that they would not have to go in front of the Planning and Zoning Commission. Ms. Andrade stated that circular driveways are listed as a Conditional Use in the R-l zoning district. Any use that is considered a Conditional Use is required to go before the board for approval. Mr. Donnelly asked if the Planning and Zoning Commission would see all of the circular driveway cases if they met the criteria. Ms. Andrade said that this statement was correct. Mr. Roberts said Ordinance 5547 was passed to establish the minimum criteria; it would still be considered a Conditional Use. Ms. Andrade stated that this was correct. There was general discussion regarding whether or not the tree in front of the property was on the Village right- of-way or not. Ms. Andrade said the Petitioner was in the audience and could address this. Ms. Andrade said. Staff wanted to note that the Petitioner previously had the driveway closer to the home; however, the original plan exceeded the maximum amount of lot coverage. It originally exceeded the lot Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-08-09 Page 2 of 4 coverage requirement by approximately 114 square feet. The Petitioner reduced the width of the driveway from 15 feet to 12 feet and reduced the lot coverage in the front yard. Chairman Rogers swore in Alexandros Agalianos, 823 Concord Lane, Des Plaines, Illinois. Mr. Agalianos said he does not presently live at the subject property, but plans to move in after construction of the new home. Chairman Rogers asked about the tree in the front yard. Mr. Agalianos said he believed that the mature tree in question would not be in the way of the circular driveway. He was told that the tree was in the parkway (right-of- way) and it belonged to the Village. Mr. Youngquist discussed possible tree requirements for paved surfaces in the right-of-way. He believed there were requirements set forth by the Forestry Division. Mr. Beattie asked if the circular driveway would be in compliance due to its location with the parkway tree. Ms. Andrade stated that the zoning ordinance does not have a minimum distance required between the driveway and the tree. She said she was not aware of the Forestry requirements. Ms. Andrade stated that this requirement could be reviewed at the building permit stage to ensure compliance with any Forestry requirements. Mr. Roberts wanted the potential Forestry requirements be noted for this case so they could be reviewed before this case goes to the Village Board. Chairman Rogers said from the aerial view, he believed the drip line of the tree just touches the driveway. He stated that it should be okay, but advised that the Petitioner needed to take special care of the tree during construction. Mr. Floros asked the Petitioner why he wanted a circular driveway since there is already a three car garage for the proposed home. He said this was a lightly traveled street, not on a busy thoroughfare. Mr. Agalianos stated that he is building his dream house. He and his wife really wanted a circular drive as they met the requirements and had their architect draw it in. He also wanted a safer area for his kids. Mr. Roberts stated that he hoped that the circular drive would not be used to park cars since the Petitioner proposed a three car garage. Mr. Agalianos said the only time cars would be on the circular drive would be for a family function to reduce the amount of cars parked on the street. Mr. Donnelly asked the Petitioner if there would be a problem if a condition was placed on the circular driveway for no overnight parking. Mr. Agalianos said he had no problem with the condition. Mr. Donnelly made a motion to approve the circular driveway with the condition that there would be no overnight parking on the circular drive. There was general discussion regarding whether or not a condition banning overnight parking could be placed due to enforcement. Mr. Donnelly stated that it would not be enforceable by Staff, but if there were complaints from neighbors it would give the Village a chance to step in. Mr. Donnelly said if a condition was not placed, then the Petitioner could utilize the driveway as a parking lot. Chairman Rogers asked Staff for a ruling on this. Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-08-09 Page 3 of 4 Brian Simmons, Deputy Director of Community Development, stated that he was unsure of previous history with the Village Board on circular driveways. He said that the Planning and Zoning commission could add conditions for approval. The Village Board then could vote with or without the conditions placed by the Planning and Zoning Commission. He stated that the condition would be difficult to enforce. Mr. Roberts suggested that two items be checked before going to Village Board. He wanted the Forestry requirements to be reviewed and see if the Village Board would consider placing restrictions on overnight parking for a circular drive. Mr. Agalianos said he only has two vehicles and a motorcycle. Chairman Rogers stated the preference of the Planning and Zoning Commission was for the Petitioner not to park vehicles on the circular drive overnight. Mr. Agalianos stated that he planned to do landscaping and wants the home to look nice. Mr. Youngquist said he does not see a difference between a circular driveway and a standard car driveway on any home. Chairman Rogers stated the only objectionable item would be seeing the entire length of the vehicle. Mr. Floros said he agreed with Mr. Youngquist and would not support the restriction placed preventing overnight parking. There was general discussion regarding the limits set forth by the 2006 circular driveway ordinance. Chairman Rogers stated no matter what the Planning and Zoning Commission decided, overnight parking on a driveway could not be enforced. Mr. Donnelly said he was okay with removing the condition placed in the motion ifthe Planning and Zoning Commission was in favor of doing so. Mr. Donnelly made a motion to approve a Conditional Use permit for a circular driveway for the residence at 915 Hi Lusi Avenue, Case No. PZ-08-09. Mr. Beattie seconded the motion. The Village Board's decision is final for this case. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion passed 7-0. Mr. Beattie made a motion to adjourn at 8:03 p.m., seconded by Mr. Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-08-09 Page 4 of 4