HomeMy WebLinkAbout10/26/2000 ZBA minutes 35-2000 MINUTES OF THE REGULAR MEETING OF THE
MOUNT PROSPECT ZONING BOARD OF APPEALS
CASE NO. ZBA-35-2000 Hearing Date: October 26, 2000
PETITIONER: George & Jan Eggert
PUBLICATION DATE: October 11, 2000 JOURNAL/TOPICS
REQUEST: Proposal for a lot coverage variation to replace an existing patio at 1800 Hopi
Lane
MEMBERS PRESENT: Merrill Cotten
Hal Ettinger
Leo Floros
Elizabeth Luxem
Keith Youngquist
Arlene Juracek, Chairperson
MEMBERS ABSENT: Richard Rogers
STAFF MEMBERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development
Judy Connolly, AICP, Senior Planner
INTERESTED PARTIES: Mr. & Mrs. Eggert
Chairperson Arlene Juracek called the meeting to order at 7:35 p.m. Elizabeth Luxem made a motion to approve the
minutes of the September 14 meeting, seconded by Keith Youngquist. Chairperson Arlene Juracek made a correction
to the minutes of the ZBA-26-2000 case. Elizabeth Luxem made a motion to approve the corrected ZBA-26-2000
minutes and the minutes of the ZBA-33-2000 case, Leo Floros seconded the motion, and the minutes were
unanimously approved. At 7:51, Ms. Juracek opened Case ZBA-35-2000, a request for a lot coverage variation to
replace an existing patio.
Judy Connolly, Senior Planner, stated that public notice had been given, and introduced the staff memorandum for the
item. She stated that the subject parcel is a 10,286 square foot parcel that is relatively level, out of any flood zone and
slightly irregularly shaped. The parcel is developed with a single family home and an attached garage. The applicants
applied for a permit to replace the existing patio and it was determined that the property exceeds the maximum amount
of lot coverage permitted. To receive a permit, the petitioners would need to reduce the size of the existing patio to
meet lot coverage requirements. They chose to seek a variation to remove the existing patio and replace it as it
currently exists.
Ms. Connolly explained that the property was developed under Cook County jurisdiction and annexed into the Village
of Mount Prospect in the early 1970s. The Village does not have a record of the property owners applying for, or
receiving, a patio permit. Based on a visual site inspection, the patio appears to have been constructed at least 30 years
ago, most likely when it was under county jurisdiction. The petitioners want to replace the patio because it is cracked
in several places and poses trip hazards.
Ms. Connolly said that the reasons for the proposed variation are aesthetic, rather than financial. The applicants would
like to keep the same size and shape patio. An exact replacement of the patio would not have a negative effect on the
public welfare or other properties. The hardship is not created because of the physical attributes of the property but
rather by the previous owner who may have constructed the patio according to County standards or neglected to apply
for a permit.
oning Board of Appeals ZBA-35-2000
Arlene Juracek, Chairperson Page 2
Ms. Connolly stated that, although the proposal does not meet all the standards for a Variation, the code imposes a clear
hardship on the petitioners. The patio cannot be improved because the existing lot coverage exceeds code requirements. The
impact of the variation would be minor as the patio will not be enlarged and there aren't any drainage problems of which the
Village is aware. Based on these findings, Staff recommends that the ZBA approve the proposed lot coverage Variation to
permit an exact replacement of the existing patio at 1800 Hopi Lane, Case No. ZBA-35-2000. The Zoning Board's decision is
final for this case.
Mr. & Mrs. Eggert were sworn in and testified that they purchased the house 26 years ago with the present patio. They
said the patio is chipped and cracked and needs replacement. They plan to replace it exactly as it is, all in cement.
At 8:00, Ms. Juracek closed the public hearing and summarized the case. There being no discussion, Ms. Juracek
asked for a motion.
Keith Youngquist made a motion to recommend approval of the proposed lot coverage variation to replace an existing
patio, Case No. 35-2000. Elizabeth Luxem seconded the motion.
UPON ROLL CALL: AYES: Cotten, Ettinger, Floros, Luxem, Youngquist and Juracek
NAYS:
Motion was approved 6-0.
At 9:44 p.m., Hal Ettinger made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice
vote and the meeting was adjourned.
Barbara Swiatek, Planning Secretary
Judy Connolly, Senior Planner
H:\GEN\PLNG\ZBA\ZBA 2000\Mh~utes~ZBA-35-2000 1800 Hopi Lane.doc