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HomeMy WebLinkAbout03/23/2000 ZBA minutes 06-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-06-2000 Hearing Date: March 23, 2000 PETITIONER: James and Deborah McGough SUBJECT PROPERTY: 204 S. I-Oka Avenue PUBLICATION DATE: March 8, 2000 DAILY HERALD REQUEST: Conditional Use 'and Variation to allow construction of a front porch enereaehing 5' into the required front yard setback and lot coverage Variation. MEMEERS PRESENT: Merrill Cotten Leo Flores Richard Rogers Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: Elizabeth Luxem STAFF MEMEERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development INTERESTED PARTIES: James and Deborah McGough James Tinaglia Chairperson Arlene Juracek called the meeting to order at 7:32 p.m. Minutes of the February 24, 2000 meeting were approved with oorreetioas. At 8:00 p.m., after hearing one ease under Old Business, Ms. Juraeek introduced Case ZBA-06-2000, 204 S. I-Oka. Michael Blue, Deputy Director of Community Development intreduced the case, stating that nutica had been provided in the newspaper, mailed notices, and through signage on the property. He indicated that the case was a Conditional Use request for an-uneaelesed front porch and variation request for lot ooverage. The subject property is an existing l~/a-story home located on a single-family lot currently set back 29.86' 'fr6m the front lot line, eneroaehing by approximately one inch into the required minimum front setback. The home has an existing bay window extending appwximately 5 inches into the front setback and a stoop extending 4 feet into the front sethaek. The house also has a ' non-oonforming side setback of approximately 4.5' from the south property line, five feet is required. Mr. Blue explained that applicant proposes to oonstruct a 726 s.f. first floor addition, a 1,492 s.f. second story addition, a new two-car garage, front and rear porches, a driveway extension, and a paver-block patio· The garage and driveWay will meet all setback requirements. The building addition and the two porches would continue the current non-conforming interior side setback along the south property line (and would not require a variation) and the from porch would encroach into the required ~ont yard setback by 5'. The proposed additions woukl inercase theproposed lot cev~rage on the property to 55%? requiring a Variation as 50% is required. Mr. Blue oontinued, saying that th~ petitioner's-rationale for the COnditional Use is primarily related to the aesthetics of the proposed struetawe. The Variation request is based on the pefitionerSs desire to not leave "dead spaca" behind the .garage and having safety c~ncerns'about that area. As for review findings r~gardiog the proposed Conditional Usa,. Mr. Blue noted that the'pomh would enhance the · home and- th~z~rvounding- area, and flutt ~he.propozal did me-e.t'all.other · for the varlstio~' where a hstdshlp unk~ue to the prop~-rty m.ust b~ sliown, it ~ note~. -that While/he request would- Zoning Board of Appeals ZBA.06.200e~ Arlene Juracek, Chairperson Page have limited negative impact on the area, there were alternatives that could reduce or eliminate the need for a variation. So the standard set by the zoning ordinance for variations is not met in this ease. Therefore, Staff recommends that the ZBA make a recommendation to the Village Board to approve a Conditional Use for a covered, unenclosed porch to encroach 5' into the required front setback and deny the proposed Variation to permit an increase to the maximum lot coverage requirement to 55% for the residence at 204 S. I-Oka Avenue, Case No. ZBA-06-2000. Mr. Blue noted that the Village Board's decision is final for the Conditional Use, and that the ZBA's decision is final for the requested variation. Merrill Cotten asked if the handrail around the porch was'within the proposed 5' encroachment or in addition to the 5' floor of the porch. Jim Tinaglia, architect, was sworn in and responded to Mr. Cotten's question that the handrail is within the 5' eneruachment. Ms. Juracek asked if the petitioner wanted to speak. James and Deborah McGough were sworn in. Mr. McGough explained he was asking for a Conditional Use and Variation to allow construction of a front porch eneruaching 5' into the required front yard setback. He said they needed more space and, aRer looking at surrounding communities over the past year, decided they wanted to stay in their present neighborhood. Ms. Juracek told the petitioner that the proposed addition was very attractive but the Board does not easily graL requests to exceed lot coverage requirements and they are requesting 5% over the Code speeifieatlons. She said granting such requests leads to future problems with flooding. She asked the petitioner if they had considered any alternatives. Mr. McGough said they had considered curing down the size of the patio and entranceway, putting a center strip of grass down the driveway, eliminating the back porch or bringing the garage forward. They did not want to have a space behind the garage because their children would be enticed to that area and get into mischief. He said they were willing to grade the land to minimize any water problems. Ms. Juracek asked if the Board had questions of the peiitioner, or if anyone in the audience wished to speak. Ms. Juracek closed the Public Hearing at 8:15 p.m. and brought the request back to the Board. Leo Flores said he had visited the site and wanted to commend and congratulate the petitioners for planning this" ambitious project. He said the porch would significantly enhance the home and the area and he would support the petitioners request. Keith Youngquist also complimented the petitioners on the projeCt but said that while the lot coverage issue sounded trivial it could have a snowball effect. He asked the petitioners to consider making changes that would stay within the $0% lot coverage. Mr. Rogers said he also would request the petitioners to make some accommodations and hold to $0% coverage. Mr. Floros made a motion to recommend approval for a Conditional Use to allow' a front porch to encroach $' in{o'the required front setback at 204 S~ I~Oka; Mr. Youngquist seconded the motiOn. UPON ROLL CALL: AYES: Cotteq, Floro~ Youngquist,.Roge~s, and ~l~acek ' ' NAYS: None' Motion,was appwved 5~.0,'" oning Board of Appeals ZBA-06-2000 Arlene Jumeek, Chairperson Page 3 Mr, Rogers made a motion to recommend approval for a lot coverage Variation to permit a building and garage addition at the same address. Mr. Cotten seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros NAYS: Youngquist, Rogers, and Juracek Motion was denied 3-2. At 9:20 p.m., a~er two more cases were heard under New Business, Mr. Floros made motion to adjourn, seconded by Mr. Youngquist. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Michael ]~lue x,~ ~- Deputy Director of Community Development