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HomeMy WebLinkAbout04/22/2004 P&Z minutes 17-04 MINUTES OF THE REGULAR MEETING OF THE PLA.i"fflING & ZONING COMI\.ßSSION CASE NO. PZ-17-04 PROPERTY ADDRESS: PETITIONER: PROPERTY OWNERS: PUBLICATION DATE: PIN #: REQUEST: MEMBERS PRESENT: Hearing Date: April 22, 2004 500 S. Pine St. Robert D. Losselyoung, ..o\rchitect Scott & Kathy Ritchie April 7, 2004 Journal/Topics 08-12-306-007 INTERESTED PARTIES: Variation (Exterior Side Yard Setback) Chair Arlene Juracek, Merrill Cotten, Leo Floros, Richard Rogers, Matthew Sledz, and Keith Youngquist Joseph Donnelly Michael Jacobs, AlCP, Deputy Director of Community Development Judy Connolly, AlCP, Senior Planner Jim Tinaglia; Scott and Kathy Ritchie MEMBERS ABSENT: ST AFF MEMBERS PRESENT: Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers made a motion to approve the minutes of the March 25 meeting and Keith Youngquist seconded the motion. The minutes were approved 5-0 with one abstention by Merrill Cotten. At 7:35, Ms. Juracek introduced Case No. PZ-17-04, a request for a Variation to allow an unenclosed porch to encroach four-feet into the required exterior side yard. She noted that the request would be Planning & Zoning Commission final. Judy Connolly, Senior Planner, presented the case. The Petitioner is seeking a Variation to allow an unenclosed porch to encroach four-feet into the required exterior side yard when the Zoning Ordinance requires a minimum setback of 20 feet. It should be noted that a Variation is needed since Conditional Use requests are only possible for unenclosed porches that encroach into the required tront yard. The Subject Property is located at the southwest comer of the Sha-Bonee Trail and Pine Street intersection, and contains a single-family residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bordered on all sides by the RA District. The Subject Property has a typical rectangular shape and the existing home is currently set back approximately 32.92' from the east (front) lot line, 12' from the south (interior) lot line, 11.84' from the north (exterior) lot line, and approximately 82' from the west (rear) lot line. The Petitioner's proposed improvements to the existing home include a 2-story addition and an unenclosed porch located within the exterior side yard. The existing house encroaches into the required exterior side yard and has a setback of 11.84 feet. However, the Zoning Ordinance requires a 20-foot exterior side yard setback for new construction; therefore the Petitioner is seeking a Variation in order to add onto the house and have a l6-foot setback for the unenclosed porch. The remainder of the addition complies with current zoning regulations. The existing home does not comply with the Village's zoning regulations. The existing house and detached garage encroach into the required exterior side yard and rear yard setbacks respectively. These existing structures are legal nonconformities and are allowed to remain in their current locations. However, the proposed unenclosed porch requires relief from the RA District's bulk regulations for the exterior side yard setback because the porch is new construction and required to meet current regulations. The addition and porch would be constructed according to all applicable Village Codes. The standards for a Variation are listed in the Village Zoning Ordinance, which Ms. Connolly summarized. She said that the Petitioner is proposing to expand the existing home to create additional living space. The Petitioner has explored different designs for the addition so the unenclosed porch would meet the 20~foot exterior side yard setback requirement. However, due to internal conflicts with a stairway, the Petitioner felt that the 16' Planning & Zoning Commission Arlene Juracek, Chairperson PZ-17 -04 Page 2 setback for the porch was necessary in order to expand the house in accordance with the property owners' living space requirements. The Petitioner states in their application that the porch creates an attractive transition between the existing house and the proposed addition. The Zoning Ordinance requires a 20-foot exterior side yard for the house and the detached garage. However, the existing structures do not meet this requirement and the Petitioner would like to construct the porch four-feet into the required setback. While the proposed encroachment is less than the existing encroachment, the request fails to meet the standards for a Variation because there is no hardship as defined by the Zoning Ordinance. Also, the Petitioner is creating the need for relief from zoning regulations because the 16'xT porch could be modified so it fits the definition of a stoop (8 'x5 ') and would be a pemùtted encroachment. The Petitioner's request to expand the house and have an unclosed porch encroach four-feet into the exterior side yard does not meet the Variation standards contained in the Zoning Ordinance because the Subject Property is typical of most comer lots in the Village. Based on these findings, Staff recommends that the Planning & Zoning Commission deny a Variation to allow a 16' exterior side yard for the proposed unenclosed porch for the residence at 500 S. Pine Street, Case No. PZ-17-04. The Planning & Zoning Commission's decision is final for this case. The petitioners stated they are waiting for the arrival of their architect. The hearing was recessed at 7:40 p.m. At 9:30 p.rn. the hearing for PZ-17-04 resumed. Jim Tinaglia, Tinaglia Architects, was sworn in. He summarized the addition and described the floor plan, pointing out the inconvenience if the ÍÌ'ont door were left in its present position. By changing the location of the front porch, only a 3' porch would remain. He explained that the Ritchies have lived in the home 13 years, have three small children in a two-bedroom home and need a larger home. They want to remain in the same neighborhood. The home was built originally in the 1920s. The Commissioners indicated their support of the request without discussion and there were no comments from the audience. Ms. Juracek closed the hearing at 9:32. Richard Rogers made a motion to approve the request for a Variation to allow an unenclosed porch to encroach four-feet into the required exterior side yard as submitted on the site plan prepared by Tinaglia Architects dated March 25, 2004 for 500 S. Pine 81., PZ-17~O4. Matt Sledz seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, Sledz, Youngquist and Juracek NAYS: None Motiòn was approved 6-0. At 10:48 p.m., Richard Rogers made motion to adjourn, seconded by Keith Youngquist. The motion was approved by a voice vote and the meeting was adjourned.