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Home My WebLink About5. NEW BUSINESS 10/05/2010 Village of Mount Prospect Mount Prospect Community Development Department M P MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER e to FROM: DIRECTOR OF COMMUNITY DEVELOPMENT I DATE: SEPTEMBER 27, 2010 SUBJECT: PZ -12 -10 / 1 S. WILLIAM ST. / VARIATION (EXTERIOR SIDE { 4' is A ': ) / ANDREW VENAMORE - PETITIONER Attached please find plans related to the Petitioner's request seeking approval of a variation to the required exterior side yard setback for a building addition at 1 S. William St. The Petitioner proposes to demolish the existing sunroom and construct a two story building addition to the rear of the home. The building addition will consist of a larger sun room on the first floor and a third bedroom on the second floor. The addition would be setback 12.19 feet from the exterior side yard, encroaching 7.8 feet into the required yard. Therefore, the Petitioner is seeking a Variation to allow a 12.19 feet exterior side yard setback along the north lot line when the Zoning Ordinance requires a minimum of 20 feet. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, September 23, 2010, and by a vote of 5 -0 recommended approval of a Variation to allow a 12.19 foot exterior side yard setback along the north lot line, subject to the following two conditions: 1. The Subject Property shall be platted as one lot. A final plat is required to be submitted for review and approval. The plat shall be recorded prior to the issuance of a certificate of occupancy for the building addition; and 2. The curb cut on Central Road shall be removed and improved appropriately. Central Road is under the jurisdiction of the Illinois Department of Transportation; work within the right -of -way will require approval from this agency. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 5, 2010 meeting. Staff will be present to answer any questions related to this matter. H:IPLAMPIarming & Zoning COMM\P&Z 2010\MEJ Memos\PZ -12 -10 1 S. William St (Variation- Eztcrno Side Yard).docz Cooney, Bill From: Andrade, Consuelo Sent: Monday, September 27, 2010 2:06 PM To: Cooney, Bill Subject: FW: PZ -12 -10 Bill, Please find below the petitioner's request to waive the second reading for PZ- 12 -10. The case is scheduled for the October 5 VB review. Thank you, Consuelo Consuelo Andrade 1 Development Review Planner( Village of Mount Prospect 50 S. Emerson St. 1 Mount Prospect, IL 60056 1 '2: 847.818.5314 1 847.870. 6620 I zl: candrade4mountprospect.orq From: Andrew Venamore [mailto:avenamore @Airoom.com] Sent: Monday, September 27, 2010 1:49 PM To: Andrade, Consuelo Cc: smoke704 @aol.com Subject: RE: PZ -12 -10 Good Afternoon Consuelo: Please accept this email as my request to combine the First and Second readings for PZ -12 -10 that is scheduled to go before the Village Board on October Stn If you can forward this request along to Mr. Bill Cooney, Director of CD, I would greatly appreciate it. Let me know if there is anything else that is needed at this time. Thanks for all your assistance at the Zoning Board level. Andrew Venamore Director of Forecasting & Scheduling Airoom Architects & Builders 6825 N. Lincoln Ave., Lincolnwood IL 60712 Direct: (847) 213 -5253 Cell: (847) 687 -8756 Fax: (847) 674 -3764 Email: avenamore@airoom.com Main office: 847.763.1100 Al OOM .ARt l trrEers BUILDERS.RENIODELERS SINCE 1958 Everything to imagination, nothing to chin& aroorrhcom 1847.967.ROOM (7666) Home Additions I Kitchens I €3atittowns I L wet Levels I Custom I Imes I Exterior Makeovers Learn more at: www.airoom.com 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ - 12 - 10 Hearing Date: September 23, 2010 PROPERTY ADDRESS: 1 S. William Street PETITIONER: Andrew Venamore on behalf of Patrick Szyska PUBLICATION DATE: September 8, 2010 PIN NUMBER: 08 -12- 202 - 023 -0000 REQUEST: Variation (Exterior Side Yard Setback) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Theo Foggy MEMBERS ABSENT: Ronald Roberts Keith Youngquist STAFF MEMBER PRESENT: Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Andrew Venamore, Patrick Szyska Chairman Richard Rogers called the meeting to order at 7:33 p.m. Mr. Donnelly made a motion to approve the minutes of the July 22, 2010 meeting; Mr. Foggy seconded the motion. The minutes were approved 4 -0; with Mr. Beattie abstaining. Chairman Rogers introduced Case PZ- 12 -10, 1 S. William Street at 7:35 p.m. Ms. Andrade stated the Petitioner for PZ -12 -10 requested a Variation to the required exterior side yard setback for a building addition at 1 S. William Street. Ms. Andrade said the Subject Property is located at the southeast corner of the intersection at Central Road and William Street. The property is zoned RA and presently contained a single - family residence with related improvements, which included a detached garage and shed. There were a number of nonconforming items, including the front and exterior yard setbacks of the home, the garage's side yard setback to the south, and the number of curb cuts. These items are considered non - conforming and would not change with the Petitioner's proposal. Ms. Andrade stated that the Subject Property was created via a tax subdivision versus a platted lot. The legal description for the property included lot of record number 22 and the northerly 25 feet of lot number 21, as platted in the Busse's Eastern Addition to Mount Prospect Subdivision. Ms. Andrade said the lot width of the Subject Property is 79.76 feet, which is wider than the majority of the surrounding properties which average a width of 55 feet. Ms. Andrade stated the Petitioner proposed to demolish the existing sunroom and construct a two story building addition to the rear of the home. The building addition would allow the property owner to construct a larger sunroom on the first floor and would add a third bedroom to the second floor. The addition would be setback 12.19 feet from the exterior side yard, which would encroach by 7.8 feet into the required 20 foot exterior side yard setback. Therefore, the Petitioner was seeking a Variation. Richard Rogers, Chair PZ -12 -10 Planning & Zoning Commission Meeting September 23, 2010 Page 1 of 4 Ms. Andrade referenced the bulk regulations table: RA Single Family District Existing Proposed Minimum Requirements Setbacks: Front 30' 23' No change Exterior (north) 20' 9.81' 12.19' Side (south) 5' 32.76' No Change Rear 25' 81.38' 71.97' Lot Coverage 50% Maximum 35% 36% Ms. Andrade said there would be no changes to the existing front and side yard setbacks. The lot coverage would increase from 35% to 36 %, which was under the maximum 50% permitted lot coverage. The proposed 12.19 foot exterior side yard setback was the only item of the proposal that required zoning relief from the Village Code's bulk regulations. Ms. Andrade stated the standards for a Variation in Section 14.203 of the Village Zoning Ordinance included seven specific findings that must be made in order to approve a Variation. Some of the findings included: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character Ms. Andrade said Staff discussed an alternative option with the Petitioner that would allow for extra living space while complying with Code requirements. A second story addition at the southeast corner of the house versus at the northeast corner of the house was an option that could be constructed to comply with Code. The Petitioner found the option was not feasible due to the current interior configuration of the home; including a stairwell and location of the rear exit. Ms. Andrade said the presence of a non - conforming setback was not unique to this property and did not provide justification for support of a setback variation. Although surrounding lots are narrower in width, non - conforming setbacks are also present in other properties in the area. The purpose of the non - conforming section of the Village Code was to allow non - conforming structures to remain, but to be brought up to compliance over time. Ms. Andrade said in this case, a building addition could be constructed on the Subject Property that complied with a 20 foot exterior setback. Therefore, the exterior side yard Variation request failed to meet the standards for a Variation because there was no hardship for the Subject Property. Ms. Andrade stated that based on the review of the Variation standards, Staff did not believe that the Variation requests complied with the standards. Staff recommended that the Planning and Zoning Commission deny the motion. Chairman Rogers asked if Staff spoke with the Petitioner about moving the addition to conform to the Code. Ms. Andrade stated that Staff did present this option to the Petitioner. Chairman Rogers swore in Andrew Venamore of Airoom LLC, Lincolnwood, Illinois and Patrick Szyska, 1 S. William Street, Mount Prospect, Illinois. Richard Rogers, Chair PZ -12 -10 Planning & Zoning Commission Meeting September 23, 2010 Page 2 of 4 Mr. Venamore stated that the project is a two -story addition to the rear of the home. He said the driving force behind the project was a growing family that needed the additional living space. The owner would like to have all of the bedrooms on the same floor. Currently, there is one bedroom being utilized on the first floor. Mr. Venamore said the only option they have would be as shown in the Staff packet. They had to make the new bedroom fit with the existing stairwell and two bathrooms in the rear of the home. Mr. Venamore stated that the existing house was already non - conforming. He said the hardship existed within the existing conditions of the home. Mr. Venamore said that he and his client did look at compliance alternatives for the addition, but they did not work due to the existing rear door and proposed bedroom addition on the second floor. He said that if the addition was slid down to make it comply with Code, the entrance from the sunroom would be at a low level and one would have to step up to get into the kitchen. The second means of ingress into the floor would be closed off. Chairman Rogers asked if there would be a basement under the addition. Mr. Venamore said a basement was not planned. He said it would be just a crawl space underneath. Mr. Venamore said that Mr. Szyska took a copy of the site plan, elevation, and photos of the proposed addition and presented it to the immediate six neighbors who surround the property. All six property owners signed off on the proposal with no objections. Chairman Rogers asked if the Petitioner considered moving the addition eight (8) feet to the south in order to comply with the 20 foot setback and adding an entry to the sun room. Mr. Venamore said that moving the addition to the south would cover the rear entrance. There was additional discussion on how moving the addition would affect the first and second story additions. Mr. Beattie confirmed with the Petitioner by moving the sun room addition eight (8) feet, that the existing doorway to the kitchen would be lost along with the rear entry door to the house. Mr. Beattie asked what the length was of the existing sun room. Mr. Venamore said it was 7.5 feet. With the addition, the room would be 17 feet total. Mr. Venamore reiterated that the main goal of this project was to get everyone sleeping on the same floor. He did not want to extend the house more than what was necessary. Chairman Rogers said there is a driveway out to Central Road that was currently not in use. He asked Mr. Szyska if he would have any objections to removing the driveway if the Variation was granted. Mr. Szyska stated that he would not object as the driveway to Central already existed before he purchased the property. Chairman Rogers said there were a lot of non - conforming uses on the Subject Property. Mr. Floros asked how long Mr. Szyska has owned the Subject Property. Mr. Szyska said he has owned the property for three years, but has been a village resident for the past 17 years. Mr. Floros asked how old was the home. Mr. Szyska stated between 81 and 82 years old. Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at 8:01 p.m. Mr. Beattie discussed one of the conditions in the motion regarding platting the property as one lot of record; he asked how long of a process would it take. Ms. Andrade stated that it would be an Administrative Review process for a consolidation plat. The overall process once Staff received a plat would be to route for staff review, comments, and revisions. The total time is approximately four to five weeks. Chairman Rogers confirmed that this could be completed while constructing would be done on the home. Mr. Donnelly made a motion: Richard Rogers, Chair PZ -12 -10 Planning & Zoning Commission Meeting September 23, 2010 Page 3 of 4 To approve a Variation to allow a 12.19 foot exterior side yard setback along the north lot line for the residence at 1 S. William Street, Case No. PZ -12 -10 subject to the following conditions: 1. The Subject Property shall be platted as one lot. A final plat is required to be submitted for review and approval. The plat shall be recorded prior to the issuance of a certificate of occupancy for the building addition; and 2. The curb cut on Central Road shall be removed and improved appropriately. Central Road is under the jurisdiction of the Illinois Department of Transportation; work within the right -of -way will require approval from this agency. Mr. Beattie seconded the motion. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Foggy, Rogers NAYS: None Motion was approved 5 -0. This case is Village Board final since the Variations exceed 25% of the Zoning Ordinance requirement. Mr. Donnelly made a motion, seconded by Mr. Foggy to adjourn at 8:03 p.m. The motion was approved by a voice vote and the meeting was adjourned. Richard Rogers, Chair PZ -12 -10 Planning & Zoning Commission Meeting September 23, 2010 Page 4 of 4 Village ' o f mount Prospect `Io ° "`h„` Commun Developm Department CASE SUMMAR - PZ - 12 - LOCATION: 1 S. William Street PETITIONER: Andrew Venamore OWNER: Patrick Szyska PARCEL #: 08 12- 202 023 0000 LOT SIZE: 0.27 acres (11,922 square feet) ZONING: RA Single Family Residence LAND USE: Single Family Residential REQUEST: Variation (Exterior Side Yard Setback) LOCATION MAP , , .---...: ` z. 8 - Z , t d Fa 1 4 i � ^ t : 8 H^ a f t er f ` 7 � ".� - i . � z . - d f - Sub Property � 4 r' WI r: L Lci:1,,,,,iti...,,, �^ � 4 A "� x� � ; li.,- cx S r - o. ' " x, ' . h P n ,� y k 1 , u>^ - � �$ N 4 f-e— _ � t ; 2 ra y :::,0 „0":-74:—! r -°'S �. _ ' � ° 4' 7 � F $ g va of � € � ''.!L �.,.s. � � � i. u, � r � u� y t ! in v, -- pp G I s j :A .:; 3 .. t o .3„ ' rf t; a Y,1 ' :, ,fi r rr. ? . ? d a fir .. W .rte. -- r s � � . °. . . Dr " § , g to a sx ,. „ a s p@ , *d . da 1 ,Copyrpht (c) Vil o f Mt Proapect , ' r Village of Mount Prospect m°""`P"�ct Community Development Department Tiff MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER DATE: SEPTEMBER 9, 2010 HEARING DATE: SEPTEMBER 23, 2010 SUBJECT: PZ -12 -10 / 1 S. WILLIAM ST. / VARIATION (EXTERIOR SIDE YARD SETBACK) BACKGROUND A public hearing has been scheduled for the September 23, 2010 Planning & Zoning Commission meeting to review the application by Andrew Venamore (the "Petitioner ") regarding the property located at 1 S. William Street (the "Subject Property"). The Petitioner is seeking a Variation to encroach 7.8 feet into the required exterior side yard. The P &Z hearing was properly noticed in the September 8, 2010 edition of the Journal & Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250 - feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the east side of William Street at the southeast corner of the William Street and Central Road intersection. The property presently contains a single - family residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bordered to the north by the R1 District and to the west, south, and east by the RA District. The Subject Property is created via a tax subdivision versus a platted lot. The legal description for the property includes lot of record number 22 and the northerly 25 feet of lot number 21, as platted in the Busse's Eastern Addition to Mount Prospect Subdivision. Consequently, the lot width of the Subject Property is 79.76 feet, which is wider than the majority of the surrounding properties which average a width of 55 feet. SUMMARY OF PROPOSAL The attached exhibits illustrate the Petitioner's proposal to demolish the existing sunroom and construct a two story building addition to the rear of the home. The building addition will allow the property owner to construct a larger sun room on the first floor and add a third bedroom on the second floor. The addition would be setback 12.19 feet from the exterior side yard, encroaching by 7.8 feet into the required yard. Therefore, the Petitioner is seeking a Variation to allow a 12.19 feet exterior side yard setback along the north lot line when the Zoning Ordinance requires a minimum of 20 feet. GENERAL ZONING COMPLIANCE The Subject Property currently does not comply with the Village's zoning regulations. The principal structure encroaches into the required front yard and exterior side yard setback requirements. The existing front yard PZ -12 -10 Planning & Zoning Commission Meeting September 23, 2010 Page 2 setback is 23 feet when the current Village Code requires 30 feet. The house's exterior side setback is 9.81 feet, and does not meet the 20 feet exterior side yard setback requirement. The detached garage also does not comply with the required side yard setback. The garage encroaches into the required 5 foot side yard setback by 2.98 feet. Additionally, the Subject Property has a curb cut off of Central Road, which was not removed when the previous garage was demolished and the existing garage was constructed in the 1960's. The setbacks are considered non- conforming and will not change with the Petitioner's proposal. The following table compares the Petitioner's proposal to the RA Single Family Residence District's bulk requirements. The italicized text denotes items that require zoning relief from the Village Code's bulk regulations. RA Single Family District Existing Proposed Minimum Requirements Setbacks: Front 30' 23' No change Exterior (north) 20' 9.81' 12.19' Side (south) 5' 32.76' No Change Rear 25' 81.38' 71.97' Lot Coverage 50% Maximum 35% 36% VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. The Petitioner proposes to demolish the existing sunroom, which is setback 12.19 feet to the exterior side yard, and construct a new two story addition. Per Section 14.402 of the Zoning Code, the replacement of any structure on the property requires the new replacement structure to meet bulk regulations for the zoning district. In this case, the removal of the non - conforming sunroom would require the replacement structure to meet the required bulk regulations. By code the building addition would need to be located at least 20 feet from the exterior side property line. Staff discussed an alternative option with the Petitioner that would allow for extra living space while complying with Code requirements. A second story addition at the southeast corner of the house versus at the northeast corner of the house was an option that could be constructed to comply with Code requirements. The Petitioner found the option not feasible due to the current interior configuration of the home and location of the existing rear exit and stairwell. The Petitioner states in the attached application that the hardship facing the owner is related to the existing non- conforming location of the residence. The presence of a non - conforming setback is not unique to this property. Although surrounding lots are narrower in width, non - conforming setbacks are also present in other properties in the area. The presence of a non - conforming setback by itself does not provide justification for support of a PZ -12 -10 Planning & Zoning Commission Meeting September 23, 2010 Page 2 setback variation. The purpose of the non - conforming section of the Village Code is to allow non - conforming structures to remain, but to be brought up to compliance over time. A building addition could be constructed on the Subject Property that complies with Code requirements. Therefore, the exterior side yard Variation request fails to meet the standards for a Variation because there is no hardship for the Subject Property. RECOMMENDATION The Variation request for 12.19 foot exterior side yard setback does not meet the standards for a Variation contained in Section 14.203.C.9 of the Zoning Ordinance for the reasons previously noted. Based on this analysis, Staff recommends that the P &Z deny the following motion: "To approve a Variation to allow a 12.19 foot exterior side yard setback along the north lot line, as shown in the attached drawings for the residence at 1 S. William Street, Case No. PZ- 12 -10." In the event that the Village Board approves the request, it shall be subject to the following condition: 1. The Subject Property shall be platted as one lot. A final plat is required to be submitted for review and approval. The plat shall be recorded prior to the issuance of a certificate of occupancy for the building addition. This case is Village Board final since the Variation exceeds 25% of the Zoning Ordinance requirement. VILLAGE OF MOUNT PROSPECT Mount Prospect COMMUNITY DEVELOPMENT DEPARTMENT - Plan Trion 50 S. Emerson Street Mount Prospect, Illinois 60056 11''�� Phone 847.818.5328 FAX 847.818.5329 AUG 2 6 Variation Request Village of Mt. Prospect Comm w� •ll (fi an The Planning & Zoning Commission has final administrative authority for all petitions for fence variations and those variation requests that do not exceed twenty -five (25 %) of a requirement stipulated by the Village's Zoning Ordinance. PETITION FOR PLANNING & ZONING COMMISSION REVIEW Village Board Final z Case Number O PZ- -10 E-H a� Development Name /Address O� Z w Date of Submission A Hearing Date Common Address(es) (Street Number, Street) 1. 5oUTt- \A/11_u AM Tax I.D. Number or County Assigned Pin Number(s) z ° 08-12-2_02.- o2 3 - OO(X Legal Description (attach additional sheets if necessary) o y Th.e. Novkl'l ' /2 of Lot 2 and all of Lod 22 In Illoc.k 5 in Po( (Si 130se s w _Otskc rv- I rkka'r, ko Prospe -t 1v, -1-‘1e. mss} -. 1( 2_ vl Sec.?rkcnv 12 Tc>,,.i 41 Nod\ , 'R a r e 11 Cast oc *one 3uo 'Prin Ykr . , svb d hvidtyn ` ri in* \- 4 Blocks 3,4, 5, 10 , 11 al-d 12 avc1 L} "A„ of block Q, it Cock. Csx,n *�, Ill b z Name Telephone (day) ANDRENN VENAVIORYE2 641 68 8"15C Corporation Telephone (evening) p Tip 04M, LLC iJ/A z e Street Address Fax f l 6825 1■1. 8 64 C ¢ City State Zip Code Email L VO COL.N\nIOGD IL 60112 aV etnamore® . covr\ Interest in Property • Name Telephone (day) PA�'R SZy SK 8411392 -100 s a Corporation Telephone (evening) Z p lap mcowrvvr 84 3:12- 1005 A t Street Address Fax 0 a 1 Sow N W'LL1 p,1■1 City State Zip Code Email 1'IT. �Zos9 r IL G0056 NIA Developer Name 1\112.00M , LL.0 Telephone (day) $4-11 -11(r) Address 6 25 N• L1t3Z0L - Fax B4 088G L1NCOL- ^ W000, IL 60112 Email (+1VCnctmOre.(cA Cw►. Attorney Name 1S J P Telephone (day) Address Fax Email Surveyor z Name CS.NZu,.AL S■t2vE.%1 Telephone (day) - 1 - 1 - 616g1- 52 %S O F Addr ess i5 N. C , AL- IWE�.s Fax 13 - 192 - O '1 � 1 S cl C CU,C,a60 1 f00(o4(0 Email w w z At Z 5 Engineer p a Name N' I Telephone (day) rX • - 05 Address Fax d • A Email Architect Name M ATT J A S . la\2oot A1,KJN5 . CARP Telephone (day): 84 213 -5508 Address 6825 N• 1-\1•1c L Fax $4 3 - 08%6 UNCAl,NWOOO, \L 03112 Email Landscape Architect Name N /A. Telephone (day): Address Fax Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois, 60056 Fax 847.818.5329 2 TDD 847.392.6064 i Code Section(s) for which Variation(s) is (are) Requested 14 A.2 - Ex"ts...tZ,o12_ SoE YA2o • R- .wc- cd %s 20 •Ce_3 . Summary and Justification for Requested Variation(s), Relate Justification to the Attached Standards for Variations Reza, SU, Uttack J usht cm C.cdt W we O41 aw a Xo F U At 1 Please note that the application will not be accepted until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois, 60056 Fax 847.818.5329 3 TDD 847.392.6064 Affidavit of Ownership COUNTY OF COOK ) STATE OF ILLINOIS ) I, PATiZlck SZ•SKA , under oath, state that I am x the sole ) an ) owner of the property an authorized officer of the ) commonly described as 1, Sour W11 -1-1 AM, tooNT 'P C P C and that such property is owned by me as of this date. Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois, 60056 Fax 847.818.5329 4 TDD 847.392.6064 EXPLANATION OF VARIATION VILLAGE OF MT. PROSPECT 1 South William — Patrick Szyska The Planning & Zoning Commission is guided by seven standards listed in Zoning Code Section 14.203.C.9. Those standards relate to conditions applicable to the property for which the Variation is requested, the owner's motives for requesting the Variation and potential effects on nearby properties. The standards for Variations are: 1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; The hardship facing this owner is directly related to the existing non - confirming location of the residence on the property. While the lot is wider than the ordinance requires, the foundation for the home was originally located less than 10 feet from the north property line. This most likely complied with the zoning ordinance requirements when the home was constructed, but with subsequent changes to the setback requirements, this home has become non - conforming. While the front yard setback is still compliant, it is the north Exterior Side Yard that limits the potential for this project to update a previous addition at the rear of the residence. Due to the layout of both the 1 and 2 °d floor plans, there is no other possible location for this minimal addition due to the existing rear exit for the home. Without relief from the specific requirements of the zoning ordinance, a specific hardship would result for the owner since there is little opportunity for them to either relocate the home into a conforming location, or relocate the addition due to the architecture /layout of the home. 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; The uniqueness of this application is based on the original location of the home that has since become non - conforming. When the subdivision was established that create these properties with Exterior Side Yards, the setback requirement was less than 20.00 feet. While the interior lots have a sideyard requirement that have likely remained the same, the setback requirement has increased for Exterior Side Yards, and so the conditions that this variation is requested is not generally applicable to property within the same zoning classification. 3. The purpose of the variation is not based primarily upon a desire to increase financial gain; The desire of the owners is to provide an additional bedroom at the second floor to create a 3 bedroom home. The existing home has only 2 bedrooms on the second floor, with the other bedroom being located on the 1 /living floor. The intent is to create a more typical sleeping situation for this two story residence and have the 3` bedroom on the second floor. There is no specific desire to increase financial gain for this property, but rather to allow for the owners continued enjoyment of living in this neighborhood. 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; The hardship is directly related to the Exterior Side Yard requirement that was likely changed after the construction of the original home, and is not related to the current occupants. 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; The addition to the rear of this home will not impact any surrounding property in a detrimental manner. It will be no closer to the Central Road property line and will extend further out into the lot's large rear yard. The addition has been designed to match the previous work done to the home and so will maintain the character of the existing residence, and as such will maintain the values within the neighborhood. 6. The granting of the variation will not alter the essential character of the neighborhood; and Since this addition will be located in the same location as the existing single story addition, while meeting all remaining zoning parameters, the proposed variation request will not alter the essential residential nature of the neighborhood. 7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The addition only encroaches into the Exterior Side Yard setback and will therefore not impact the supply of light and air to adjacent property. It will also not increase congestion, or danger from fire nor will it impair the natural drainage. Since the total Lot Coverage is less than 36 %, whereas 50% is permitted, and the amount of additional coverage (at 144 square feet) is well within the permitted level for the lot, the project will not create an issue for neighborhood drainage. And as previously stated, the project will also not detrimentally impact property values within the neighborhood since the addition has been proposed to appear like the existing residence. S. William Street Concrete Curb ` \ \ \\ I Concrete Rec 6 Meas =79. 76' Walk +/ o 1 0 / 1 1 1 54.76' L ° q m o ' /` r.0 is. i r0 0 W P i5 ro / \ m g m P S n \ A I It a o open Porch m 34.05 9.91' \ \`\ • is Im \ F co Hi g EL "� a. o y N 11.0'— z' I fu ti o % GI \\ \ \\ m 7 8.37 2.36 9.81' —_\ o • \� n T. 10 / .8T 10 -I V2' .. 2 ¢ a , Ng `/ m S ? m O \ l 6 8 2 13.) 6 N r- m 0 -� 1.4. _ •Nil. VI B R' ;f -X la o .. , N n � T / Z N 0 Z 22.22 CA l) mm = � a a �? j --� T �' ! ' it 2 7t. e • c Q ' W f e -a -- 25.0___.._._..- .. 25.0' / O' o rn 3 8 Y re erm� ��_- -4 T , 1 _ r z V+ a u z / _� 10.0 a '° ! �' m $ H \. l 77.38 w � � Rec a Meas . I - N P. 9. a - /z .`2 It ow. o o � 3.39' 4.06' \ _/ 2. a 0 a G) s a o yC i �2 I'4.'; t w o z E . o„,-- 8 • c$ F ra1 Ga o — Q $ b CA am � o g� o- 2 o. rn P I at of S u rvey Central Survey LLC 6415 N. Caldwell Avenue, Chicago, Illinois 60646 Phone (773) 631 -5285 www.Centralsurvey.com Fax (773) 775 -2071 , 0 � R. Legal Description : P190 The North 7 h of Lot 21 and all of Lot 22 in Block 5 in part of Busse's Eastem Addition to Mt. Prospect in Professional 4 the East 3/2 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, subdividing Land same into Lots, Blocks 3, 4, 5, 10, 11, & 12 and Lot "A" of Block 9, in Cook County, Illinois i Surveyor ` ��. State Of !'� Commonly Known as: 1 S. William St., Mt. Prospect, Illinois S � Illinois O Area of Land Described: 11,922 Sq. Ft. e7 .O �� , State of Illinois ) This professional service conforms )S ' S ' to current Illinois minimum standards i 0 : 02 1/4W ' D ecimak0nch Conversions C oun t y of Cook ) for a boundary survey. 0.02 = V 0.08' = 1" 0.58' = 7" i 0.03' =3/6' 0.17' =2" 0.87 =8" 1 0.04' =1/2" 0.25' = 3" 0.75• = a' Central Survey LLC does hereby certify that an on the ground survey per 0.05 = 5/e• o.3.3 0.63 =10 i record description of the land shown hereon was performed on July 23, 2010 0.06' = 3/4" 0.42' = 5" 0.92' = 11' I 0.07 = 718' 0.50' = 6" 1.00' = 12' ll Legend & that the map or plat hereon drawn is a correct representation of said survey. -- When bearings are shown the bearing base is assumed. Dimensions are Scale: 1 Inch equals 20 Feet. S. = South shown in feet & hundredths and are correct at a temperature of 68° Fahrenheit. Ordered By: Airoom • E. = East Dated this 23rd day of July 2010 W. = West (TYP) = Typical • Order Number: 1 F • Rec = Record / / 1 ('(//'(-6.-- Assume no dimension from scaling upon this plat. Compare at points Meas = Measure 6 ` �� l �� before building and report any difference at once. For building St. = Street William R. Webb P.L.S. #2190 (expires November 30, 2010) restrictions refer to your abstract, deed, contract and local ordinances. Ave. = Avenue Professional Design Firm Land Surveyin; LLC (License Number 184- 004113) S. William Street Concrete Curb \ \ \\ I A�li. P Concrete Rec & Meas = 79.76' Walk � -- - -� 1 I 1 1 54.76' 1 ', • n i m i . . i \ i !'. a `1 w l CO m m vm m p . . Open Porch r \ \ \ l m 34.05 9.91' " — • m • 10� a 41.04 I eo W E co \ \ \ ‘\''\\ . -.1.‘ I'I • \ 16.37 2.35 9 ^ 61' Y -� m -N Q 0 4 F ° o m o \ 10.87' nt 1 gw $ "' -.,, ¢ V g` - t C as c N N ; (� 15.44' I 1220' v y o * m O rn o ff% \ z m . Q • a 22.22 Vt �. ' � F m '?/,...-* >U!< Y 'im pr .V � . ' A Uo- sj v 'li g 25.e--- -.--•_ -25.0' l n it t°. S a s e m /V m "' V� _ Reo& Maas = --- e• r , ._a 0 11 R, U 77.38' ti m IA s q rn 17 8 76 3.39' 4.06' N 8 0 o g c / Fra a_ ra• - � g ..._______....___/ 22 CD 2 m m 8 rn '=1 �g Z g P I at of S u rvey 4, Central Survey LLC 6415 N. Caldwell Avenue, Chicago, Illinois 60646 Phone (773) 631 -5285 www.Centralsurvey.com Fax (773) 775 -2071 « R Legal Description T ��0 2190 e The North i of Lot 21 and all of Lot 22 in Block 5 in part of Busse's Eastern Addition to Mt. Prospect in Professional 4 the East Y2 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, Land same into Lots, Blocks 3, 4, 5, 10, 11, & 12 and Lot "A" of Block 9, in Cook County, Illinois urveyor r C State of Commonly Known as: 1 S. William St., Mt. Prospect, Illinois Illinois O Area of Land Described: 11,922 Sq. Ft. °e. O ` A f State of Illinois ) T • his professional service conforms S D.Oi' =1/8" )S.. Decimal /Inch Conversions ! to current Illinois minimum standards I: County o f Cook ) for boundary 0 .02' =1/4' 0.08' =1' 0.56' = 7" ll rysurvey. 0.03' = 3/8' 0.17 = 2' 0.67' = 8" ' 0.04' = 12" 0.25' = 3' 0.75' = 9' i Central Survey LLC does hereby certify that an on the ground survey per 0.05' = 5/8" 0.33' = 4' 0.63' =10" record description of the land shown hereon was performed on Jul 23, 2010 0.06' = 3/4' 0.42' = 5' 0.92' = 11' I P p Y I• -.07_ o' • 7/8 0.50 = 6 1.o0' = 12" i ' ' ' " & that the map or plat hereon drawn is a correct representation of said survey. L egen d When bearings are showr the bearing base is assumed. Dimensions are Scale: 1 Inch equals 20 Feet. N. = North shown in feet & hundredths and are correct at a temperature of 68° Fahrenheit. S. = South Ordered By: Airoom w 551 Dated this 23rd day of July 2010 Order Number: 1F (TYP) = Typical Rec = Record t' (14,?' 1 '1%vtf.1 )7. /Z/ .lr.(,.— Assume no dimension from scaling upon this plat. 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F 'f. •"! Ei '' K ;- '.`^'" § it" c/) II! :1 -"..". M .i fi! ii's>g=0 n m z —1 ;•qt. lg , ,,=I•,, - - P 7a v30 ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION (EXTERIOR SIDE YARD SETBACK) FOR PROPERTY LOCATED AT 1 SOUTH WILLIAM STREET, MOUNT PROSPECT, ILLINOIS WHEREAS, Andrew Venamore (Petitioner), has filed a petition for a Variation to allow for a 12.19 foot exterior side yard setback along the north lot line for property located at 1 South William Street (Property) and legally described as: The North 1 /2 of Lot 21 and all of Lot 22 in Block 5 in part of Busse's Eastern Aaddition to Mount Prospect, in the East 'A of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian , subdividing same into Lots, Blocks 3,4, 5, 10, 11 & 12 and Lot "A" of Block 9, in Cook in County, Illinois commonly known as: 1 S. William Street, Mount Prospect, Illinois Area of land described: 11,922. sq. ft. Property Index Number 08 -12- 202 - 023 -0000; and WHEREAS, the "Petitioner" seeks a Variation to allow a 12.19 foot exterior side yard setback; and WHEREAS, a Public Hearing was held on the request for a Variation being the subject of PZ -12 -10 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23 day of September, 2010, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8 day of September, 2010; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ- 12 -10; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the Variation to allow a 12.19 foot exterior side yard setback along the north lot line for the construction of a two (2) story building addition to the rear of the single family structure would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Approval of the Variation is subject to compliance with the following two (2) conditions: 1. The Subject Property shall be platted as one (1) lot. A final plat is required to be submitted for review and approval. The plat shall be recorded prior to the issuance of a certificate of occupancy for the building addition; and 2. The curb cut on Central Road shall be removed and improved appropriately. Central Road is under the jurisdiction of the Illinois Department of Transportation; work within the right -of -way will require approval from this agency. Page 2/2 PZ -12 -10 SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Variation to allow a 12.19 foot exterior side yard setback on the north lot line for construction of a two (2) story building addition to the rear of the single family structure. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this 5 day of October 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDINANCE2 \VAR -PZ -12 -101 swilliamoct52010.doc RESOLUTION NO. A RESOLUTION APPROVING THE DESTRUCTION OF CERTAIN CLOSED SESSION AUDIOTAPES OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have, on occasion, believed it to be necessary to meet in Closed Session and have entered and conducted such meetings in accordance with the requirements of the Open Meetings Act (5 ILCS 120/1 et seq.); and WHEREAS, the minutes of Closed Sessions have been duly recorded by the Village Clerk pursuant to the requirements of the Open Meetings Act; and WHEREAS, the Open Meetings Act also requires public bodies to make a verbatim recording of Closed Sessions, and the Village of Mount Prospect has made such audiotapes; WHEREAS, the Open Meetings Act allows public bodies to destroy any verbatim recordings of Closed Sessions if the public body approves the destruction of such recordings and has approved written minutes for the particular Closed Session(s) at issue; WHEREAS, the President and Board of Trustees have approved the minutes for the Closed Sessions listed below and approve the destruction of the verbatim recordings for those Closed Sessions. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: Section 1: That the recitals set forth above are incorporated as Section 1 of this Resolution. Section 2: That the following audiotapes of Closed Sessions are approved for destruction: All tapes from January 6, 2004 to November 18, 2008. Section 3: That the Village President is authorized and directed to sign and the Village Clerk is authorized and directed to attest to this Resolution. Section 4: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES NAYS ABSENT Passed and Approved this day of , 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 257407_1