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HomeMy WebLinkAbout02/24/2000 ZBA minutes 02-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-02-2000 Hearing Date: February 24, 2000 PETITIONER: Lawrence Metzger SUBJECT PROPERTY: 120 Yates Lane PUBLICATION DATE: February 9, 2000 DAILY HERALD REQUEST: Variation to allow a wood deck to encroach 3' into the side interior yard setback MEMBERS PRESENT: Merrill Cot~en Leo Floros Richard Rogers Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: Elizabeth Luxem STAFF MEMBERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development Jeffery Perkins, Planner INTERESTED PARTIES: Lawrence Metzger Chairperson Arlene Juracek called the meeting to order at 7:35 p.m. Minutes of the January 27, 2000 meeting were approved, with one abstention by Arlene Juracek. Ms. Juracek announced the postponement of Case ZBA-04-2000 until the meeting of March 23, 2000. The Board heard Case ZBA-37-99 and at 8:48, Chairperson Juracek introduced Case ZBA-02-2000, a Variation to allow a wood deck to encroach 3' into the side interior yard setback and stated that the Village Board's decision is final for this case. Jeffery Perkins, Planner, stated that public notice had been given and introduced the staff memorandum for the item, a variation to allow construction of a wood deck that would encroach three feet into the required 7.5' side setback. He stated that the property is an existing home on a 75' X 138' comer lot on a residential street with a front setback of 30.66' from Yates Lane and a 20-foot setback from the side street, Thayer Street, which it faces. He further stated that the petitioner is seeking to replace an existing 14' X 20' wood deck in the side yard and that the house's side setback is 18.6 feet, so the deck is 4.6' from the property line. He added that based on Building Division records, the existing deck appeared to have been built without a permit. Mr. Perkins briefly described the proposal in terms of the Zoning Code standards and, based on a lack of a finding of hardship, gave staff's reeonunendatinn that the ZBA deny the proposed Variation. Mr. Juracek asked if Board members had any questions for Jeff. She then asked if the petitioner wanted to speak. Lawrence Metzger explained he was asking for a Variation to build a deck 3' from their lot line. Mr. Metzger passed out pictures of his house to the Board members. He explained that his house is on a comer lot and consequently his back yard is to the side of his neighbor's house. He explained that the original concrete patio and deck work is substandard and needs replacement. He stated the proposed deck would not infringe on the neighbor's privacy. He said his deck is completely out of sight of any neighbors as it is surrounded by spruce trees and a fence. He stated he will also install a new fence in the near future. oning Board of Appeals ZBA-02-2000 Arlene Juracek, Chairperson Page 2 Richard Rogers asked whether the neighbors dining room window looked out at their deck. Mr. Metzger said no, the window is completely behind the spruce trees. Merrill Cotten asked if the concrete patio had been part of the original house. Mr. Metzger said it had and that the decks had been added later. He explained the deck's posts just rest on the patio, they do not have concrete footings. Zoning Board members asked how the deck work had originally passed inspection, but Mr. Floros reminded them that the property was not part of the Village when the house was constructed. Mr. Rogers said the petitioner did have a hardship because the lot layout had his backyard adjacent to the neighbor's sideyard. He also noted that the fence and trees do conceal the deck from the neighbor. He stated the Variation could be allowed without setting a precedent due to the unusual relationship of the lots. Ms. Juraoek asked, if this Variation were allowed, would future owners of this house be able to extend their building out to the same line the deck would be. Mr. Perkins said Variations are absolute and would allow extension of the house. He added that the Zoning O~;dinanoe does allow a condition to be placed on the Variation that would allow only the deck to encroach. At 9:05, Chairperson Suraeek closed the Public Hearing and asked for discussion from the Board. There was no further discussion, and Ms. Juracek asked for a roll call on the motion. Richard Rogers made a motion to recommend approval for a Variation for the exclusive use to allow an uncovered wood deck to encroach 3' into the required side yard setback. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Youngquist, Rogers, and Juraeek NAYS: None Motion was approved 5-0. At 9:25 p.m., after another ease was heard, Richard Rogers made motion to adjourn, seconded by Keith Youngquist. The motion was approved by a voice vote and the meeting was adjourned. arbara Swiatek, Planning Seeretary