The URL can be used to link to this page

Home My WebLink About5. OLD BUSINESS 7/6/04 Village of Mount Pro.spect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~b. ~~ ,-lIS lo~ FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 11,2004 SUBJECT: PZ-lO-O4 - PLAT OF VACATION & VIKEN RESUBDIVISION 1209 W. LINCOLN STREET PAUK VIKEN - APPLICANT The Planning & Zoning Commission transmits their recommendation regarding Case PZ-10-04, an application to vacate the existing unimproved Keniiworth Avenue right-of-way, and resubdivide the vacated Kenilworth Avenue right-of-way and adjacent property at 1209 W. Lincoln Street into two new lots. The Planning & Zoning Commission heard this request, which is outlined in greater detail in the attached staff report, at their May 27,2004 meeting. The property located at 1209 W. Lincoln Street is zoned Rl Single-Family Residence and currently contains a single-family home with related improvements. The unimproved Kenilworth Avenue right-of-way, located directly west of the 1209 W. Lincoln Street property, is currently vacant. The Petitioner's proposal would create a 2-lot subdivision, with each lot measuring approximately 82 feet wide and 150 feet deep (approximately 12,300 square feet). The proposed subdivision complies with all of the applicable Village Code regulations and exceeds the R-l District's minimum lot width (65 feet) and lot area (8,125 square feet) requirements. The Petitioner's request was properly noticed by posting Public Hearing signs on the Subject Property and Staff mailed a courtesy notice to property owners within 250-feet ofthe Subject Property. The Planning & Zoning Commission discussed the Petitioner's plans for the proposed 2-10t subdivision. The Petitioner confirmed that the new homes would be built according to all applicable Village Codes and that they were not seeking any type of relief. Several neighboring property owners voiced their concerns regarding the sale of the Kenilworth Avenue r-o-w and its potential impact on the existing character of Lincoln Street. In addition, several residents noted that the proposed lot widths are not in keeping with many of the existing lots on the south side of Lincoln Street. During review of this request issues were also raised regarding the potential redevelopment of the property at 1301 W. Lincoln Street. Staff indicated that although 1301 W. Lincoln Street is also owned by the Petitioner, the property is not part of the proposed subdivision. In addition, Staff noted that the existing home at 1301 Wo Lincoln Street is actually located on two existing lots of record. Due to these circumstances the property at 1301 W. Lincoln Street could be redeveloped as two separate lots without requiring any type of formal approval (provided any redevelopment of the property complied with all applicable sections of the Village Code). After extensive testimony and discussion regarding the requested Plat of Vacation and Plat of Resubdivision, the motion to approve the Petitioner's request failed by a vote of 0-6. In addition, the Planning & Zoning Commission recommended (by a vote of 6-0) that the Village Board not sell the existing unimproved Kenilworth Avenue right- of-way. PZ-IO-O4/1209 W. Lincoln Street June 15,2004 Page 2 of2 Please forward this memorandum and attachments to the Village Board for their review and consideration at their June 15,2004 meeting. Staffwill be present to answer any questions related to this matter. .. ~c H.IPLAN"p",..'iIl8 & ZC""'g COMMlP&Z "","\MEJ M.mos\PZ-"'"'" ME! MEMO (12"" W Lineo'" pJ,,'S).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-I0-04 Hearing Date: May 27,2004 PROPERTY ADDRESS: 1209 W. Lincoln PETITIONER: Paul Viken PUBLICATION DATE: May 12, 2004 REQUEST: Vacate ROWand create two-lot subdivision MEMBERS PRESENT: Arlene Juracek, Chair; Joseph DonneHy; Leo Floros; Richard Rogers; Matthew Sledz; Keith Youngquist MEMBERS ABSENT: Merrill Cotten STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community DeveJopment; Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Rich Bondarowicz; Mary & John Ostrum; Donna Ronge; Dave Cahill; Denise Kreb; S. Mibdowski; Tim Conlon; Edwin & Zaida Muniz; Bob Kopp; Bob & Nancy Winkates; Jim Sherwood; Ken Payne; Leah & Richard Schlott; Scott Stratton; John Heidkamp Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the April 22, 2004 meeting and Keith Youngquist seconded the motion. The minutes were approved 5-0, with one abstention by Joe DonneHy. At 7:55, Ms. Juracek introduced Case No. PZ-10-04, a request to vacate a ROWand create a two-lot subdivision. She noted that the request would be Village Board final. Judy Connolly, Senior Planner, presented the case. She explained that the Petitioner is seeking to subdivide the site, which necessitates the Village vacating the Kenilworth right-of-way, to create the proposed two-lot subdivision. The Petitioner's proposal was properly noticed by posting Public Hearing signs on the Subject Property. In addition, Staff mailed a courtesy notice to neighbors within 250-feet of the Subject Property. The notice included a brier explanation of the request and a sketch of the proposed subdivision. She noted that the Subject Property is located on the south side of Lincoln Avenue, between Ojibwa and We Go Trails, and currently contains a single-family residence with related improvements. The Keniiworth right-of-way was not improved (street, curb, gutter, etc. were not installed) and contains only some existing landscaping. The Subject Property is zoned Rl Single Family Residence and is bordered by the RI District to the east, west, and north and the CR Conservation Recreation District to the south. The Petitioner's proposal includes creating two lots of record from 1209 W. Lincoln Avenue and the unimproved Kenilworth Avenue right-of-way. Currently, the Kenilworth right-of-way measures 66' x 150', which is a buildable lot in the Rl district, and the 1209 W. Lincoln Avenue property measures 98' x 150' (consisting of two parcels measuring 62.22' x 150' and 35.78' x 150'). In response to inquiries regarding the Petitioner's request, Staff researched the Subject Property's original subdivision file, Northwest Hills Country Club. The information included within the file does not indicate that the Village approved any type of covenant or regulation that would require the proposed lots to have a larger lot width or more restrictive bulk regulations than those listed within the Zoning Ordinance. Therefore, the proposed lots, each measuring 82' x 150', would exceed the Village's minimum requirements. The Petitioner does not have specific plans for the proposed new residences, but they have not requested any relief from the applicable zoning regulations. Consequently, the structures and site are required to be developed according to all applicable Village regulations. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-IO-O4 Page 2 In previous cases where the Village vacated rights-of-way, the land was divided in half and donated to each adjacent property owner. Recently, however, the Village Board has required a developer to compensate the Village if the requested right-of-way vacation is part of a larger resubdivision. In this case the Village is continuing its policy of allocating the land to the adjacent property owners because the Petitioner OVvTIS the properties on both sides of the Kenilworth right-of-way. However, because the right-of-way is a buildable lot the Village Board is requiring compensation from the Petitioner for the right-of-way land. The plats under review would change the site from an unimproved right-of-way and an existing lot consisting of two parcels to two confonning lots. The plats and new lots would comply with the Village's Development Code requirements and the Petitioner is not seeking relief from the Development Code or Zoning Ordinance. Other Departments have reviewed the plat and found that it was prepared in accordance with all applicable Village Codes. The proposed Plat of Vacation and Viken Resubdivision seek to create two new lots of record. The plats and new lots comply with the Village's regulations and the Petitioner is not seeking relief from the Development Code or the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the Plat of Vacation and Viken Resubdivision, Case No. PZ-IO-04. The Village Board's decision is final for this case. Ms. Juracek clarified that the Plat of Resubdivision was contingent upon the Plat of Vacation. Ms. Connolly said it was. Mr. Rogers asked if the structure at 1209 Lincoln would be tom dov,,'11 if the subdivision were granted and Ms. Connolly said it would but the houses were not part of the discussion, any new houses would have to meet Code. Mr. Youngquist said he was concerned that new homes on those lots could be built with just a 30' setback while other .homes on Lincoln typically are setback 60 to 80 feet. Mr. Floras asked how the Village arrived at a compensation for the ROW. Ms. Connolly said an appraisal had been done. Ms. Juracek asked the petitioner to address the board. Paul Kolpak, Attorney, Paul Viken, 502 W. Fairview, Arlington Heights, Petitioner, and Rich Bondarowicz, 944 Scarsdale Court, Arlington Heights, were sworn in. Mr. Viken said the Village required a preliminary Engineering study regarding flood control. We did topohrraphícal surveys. Along the back of the lots there will be an intricate piping system underground to tap into the storm water sewer, so the lots will be better for neighboring lots than they are at present. There will be no runoff to neighboring lots. Regarding the setbacks along Lincoln, Mr. Viken said he purchased the property at 1301 about a year ago and lived there for about eight months. He walked the area and studied it. The adjoining neighbor, 1205, in his opinion is at the 30' setback and the only property set way back is the 1301 property. There was discussion about setbacks at the other homes and Mr. Viken said he thought many homes were setback only 30' from Lincoln to take advantage of having a large backyard on the golf course, which would also afford safety. He affinned his intention to maintain a 30' setback on newly subdivided lots. Rich Bondarowicz came forward to say what was most important to consider in building the new homes would be the distance from the tee-box; that is how the existing home was planned to afford the greatest privacy. Mr. Viken said he is contemplating brick and stone masonry exteriors for the homes having cedar shake roofs with copper gutters. These will be beautiful homes on nice locations on the golf course and great assets to the Village. The houses will be custom or semi-custom built to the customers' specifications. The golf course is the cro.vn jewel in Mount Prospect and these homes will be an asset to the Village and compliment the new clubhouse. Mr. Viken will have no problem with the covenant to tear down the present home before building the new homes within the accepted timeframes. Mr. Rogers asked Mr. Viken ifhe would accept a condition to build his new homes at a greater than 30' setback. Mr. Viken said he would adhere to the same setback as the house next door, which he was sure was 30' or 35' at most. Mr. Jacobs reminded the P&Z that Rl Code did call for 30' setback. Mr. Sledz said it appears that the property at 1301 consists of two parcels and this consolidation would be creating four lots of record. Would we be looking at four new homes? Ms. Juracek said the Board recognizes Planning & Zoning Commission Arlene Juracek, Chairperson PZ-10-04 Page 3 that the four homes is not the subject up for discussion tonight, but asked just as a context. Mr. Youngquist asked what size of home was being contemplated. Mr. Viken said the market seems to dictate a 3500 to 4400 sq.ft. 2-story or ranch, whatever the client wants. He said the home presently on the property is 3600 sq.ft. Mr. Viken said he plans to occupy one of the homes that he builds. Jim Sherwood, 1205 W. Lincoln, was sworn in and said he wanted to make comments he thought were representative of many people in the audience. His concerns as an immediate neighbor are of aesthetics and continuity. Presently the frontage averages at 120'. The unique quality of the area will be disturbed. The to\\ll1 should step back and be sure things are being done the right way. The sale of the ROW concerns him. He has spoken to many people and no one wants the Village to sell the ROW. Everybody thinks just three homes and not four homes would be the right amount to complete the area. There are precedents for this in the Waverly and the Lancaster ROWs. Those were split and acquired by the adjacent homeowners to enlarge their properties not to split them and develop new homes. As to the value of the ROW, if the Village deems it necessary to sell the ROW for the purpose of generating revenue, in conversations with realtors we come up with a camp of closer to $336,000. He urged the P&Z to table this issue at this time and put the ROW up for public auction with the owners having the right of first refusal or having it reappraised quickly and cheaply, Finally, we can use our discretion to do what is best for the community and not what is best for a few people and reach a reasonable compromise. P&Z members asked Mr. Sherwood what was his setback and when he said he didn't know, they questioned if his garage was set forward of his house, but he did not know that either. It was suggested that he have this information ready for the Village Board meeting. Ms. Juracek said the P&Z has no jurisdiction over the sale of the ROW or at what price it would be sold. Chuck Lettering, 1007 Lincoln, was sworn in. He testified that his garage is about 40' or 50' back from the lot line and most homes are much more than 30' back from the lot line. He said he doesn't know where the zoning came from, but it doesn't make sense that all their lots are larger than 65' and suddenly 65' lots are to be allowed. He said someone had made the comment that this would be like looking at a group of townhouses and he agreed. Donna Rungee, 400 S. WaPella, at the comer of Lincoln, was sworn in. She testified that the golf course is a jewel in Mount Prospect and she enjoys seeing the openness when driving down Lincoln. She asked if we are just to see garage doors when driving through Mount Prospect. If each of these houses has 3-car garages that would be 12 garage doors facing Lincoln. This will become Park Ridge. When she looks out of her house now, all she sees is a two-story brick wall. Is that all the Lincoln St. neighbors will see? We need to see greenery. Rolling Meadows has a covenant and she hopes Mount Prospect does the same. Tim Conlon, 126 S. We-Go Trail, was sworn in. He concurred with other comments that Lincoln was a unique neighborhood and the Board should respect that. He also said they should realize that the ROW was utilized on the 41h of July by residents to view fireworks and in winter months by cross-country skiers. He is puzzled by this proposal because it is presented as a partial proposal and not as the complete proposal for the four homes it will actually become. The decision made tonight could set a precedent because many of the homeowners with large lots could subdivide and build several homes. Dick Schlott, 1204 W. Lincoln, was sworn in and testified that he supported the previous gentlemen's remarks and had only a couple of additional comments. If we vacate this property, Code 15.305 .Al states a block cannot be more than 1,500' long and this block seems to be getting very close to that. The other aspect raised is that ROW is a very useful to us and finally, all other vacations that have been done have been split between two properties or have not been buildable as a single lot. This is a single lot being sold to a single owner. This lot should be put up for competitive bidding. John Rathbone, 1400 W. Platt, spoke of an article in the Daily Herald about a property in Arlington Heights at Planning & Zoning Commission Arlene Juracek, Chairperson PZ-lO-04 Page 4 1812 N. Hernandez, a home that was built on two lots. The person who bought that home wanted to build two homes but the neighbors were concerned and because of that the Village did not allow it. Ms. Juracek said she was not aware of that case but the circumstances in this case were not the same. The house on this parcel is on one parcel and the petitioner has the right to build another house on the other lot. JOM Ostrom, 1009 W. Lincoln, was sworn in and testified that he has lived in his home 44 years, when the golf course was privately owned. At that time, there were plans to convert the course to a private development. The Village authorities and the Park District were able to acquire the course and enhance the property and the adjacent homeowners have enhanced their properties. The lots average over 100'. His lot is over 130'0 He could divide his lot but would not. It doesn't take a great deal of insight to realize that cramming four houses into the space of two houses changes the character of a neighborhood. Mr. Ostrom said the Board should get a fair market value for the property and extract from the developer contractual liability not four homes but three to remain in character with the community. Kevin Kreb, 1103 W. Lincoln, was sworn in and testified that he lived in Mount Prospect in 1993 and moved to Arlington Heights in 1996. He moved back 2-li2 years ago because he had enjoyed living in Mount Prospect and was attracted to this neighborhood surrounding the golf course. He said he also feels this proposal would be detrimental to the neighborhood. He said if the lot is buildable it should be put up for auction and Mr. Viken, as adjacent landowner should have the right of first refusal and be allowed to match the highest bid, in order to maximize the profit to the Village. Ms. Juracek reminded the audience that the hearing had nothing to do with whether or not the ROW was sold but did appreciate hearing all the neighbors' viewpoints. John Heidkamp, 400 S. We-Go, was sworn in and testified that there are at least as many people interested in this case that are as not here tonight. He said he had lived here since 1981 but had moved to Virginia Beach for a few years, searched around the Chicago area for a few years, and moved back to the Country Club area to the comer of Lincoln and We-Go. In the 30s and 40s, people weren't smart enough to create covenants as they should have and now what the owners do have is being challenged by people who want to maximize their profits on two lots. Jack Brogan, 1718 Myrtle Drive, was sworn in and testified that Myrtle Drive is not located in the neighborhood; it is two blocks west of Busse. Vlhile he can sympathize with all the comments made tonight, he and his wife have made it a personal goal to move into the Country Club neighborhood within the next three years. Financially, they cannot accomplish that now. He wanted people to realize that builders who are frustrated in their plans to build multiple smaller homes resort to building less homes but are much larger in scale, but may not fit with the neighborhood character. As an example, he cited a home built on Busse Road that he feels is much too large for the neighborhood. He said he would rather see four well-designed, smaller homes built that match the neighborhood than two huge homes that do not match the neighborhoodo John Ostrom asked who had control over the sale of the Village lot. Ms. Juracek said that was the purview of the Village Board, but the P&Z could recommend an action to the Village Board. John Rathbone asked if the entire case shouldn't be tabled until the Village Board makes a decision on the sale of the ROW. Ms. Juracek said they will make that decision at the end of the hearing after gathering all information. Scott Stratton, 350 S. We-Go, (at Lincoln) was sworn in and identified himself as a fairly new resident. He has lived in Wilmette and Keni1worth previously. He strongly agrees with comments made by the long-time residents regarding the uniqueness of character ofthe area and should strive to maintain it. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-1O-04 Page 5 Paul Kolpak came forward to remind the P&Z that the project exceeds all requirements of the zoning district. He said he is confused by residents' conflicting statements that "someone should buy the 66' lot and build on it" and yet "everyone should be required to have a 100' lot". A substantial home can be built on an 82' lot, with a sideyard, a front setback and a backyard that will not impact the neighbors' properties. He said there were remarks that the homes would be similar but they would be unique, They will be custom or semi-custom to the clients' specifications. Keith Youngquist said he has an issue with regards to the setbacks. These lots are closer to the RX configuration than the RI. RX carries a deeper setback, 40' vs. 30'. He thinks the solution would be to sel1 the ROW to 1209 and 1301 Lincoln, resulting in 3 different lot sizes. He does realize the homes on 1209 and 1301 could be demolished and 3 homes built on the 3 lots. He does not think it would be a good idea to sell the 66' lot to one individual to build one home. Mr. Rogers said the ROW should not even be sold. The house on 1209 could be re-done or left as it is. The 1301 property could be divided in half, which they have the right to do and a 40' setback should be made a condition. He feels this is a no-win situation for the community and feels that building four homes would be a travesty. He said he does not want the ROW sold. Mr. Donnelly asked if the Park District expressed an interest in buying the property. Mr. Jacobs said they were notified of the hearing but did not respond. Mr. Donnelly suggested changing the zoning of the lots on that side of the street. Ms. Juracek said that would be something that would have to be "Noticed" and done as a Map Amendment at a different hearing. Mr. Donnelly agreed but said it would not be fair to expect one lot to be penalized to hold to a 40' setback when other lots in the zoning district are not. Mr. Jacobs said the Commission needed to deal with the request for a Subdivision before them and that the Petitioner's request meets the Code and requires no relief; that issue needs to be acted on. Tied to that is the sale of the ROW, which is ultimately the Village Board's decision. If the P&Z wants to make recommendation to the Board to not sell that property or to sell that property in a different manner, that is up to the Commission. Mr. Jacobs said he is not comfortable requiring a greater setback than required by Code. If the developer wants to agree to that or if the Board wants to make that a condition that staff look into, P&Z could do that but if the proposal meets Code it cannot be denied. Ms. Juracek clarified with staff that the sale of the ROW is what dictates what will be built on Lincoln, Mr. Youngquist said that he now realized that the proposed total combined properties could be divided into five buildable lots and he was in agreement with Mr. Rogers that the ROW should not be sold to the petitioner. Mr. Paul Kolpak came forward to assure the P&Z that their intention is to build just four homes. Leo Floros said he felt that three buildable lots would be acceptable, not four and certainly not five. How could that be achieved? Mr. Rogers asked if three homes would be acceptable to the petitioner. Mr. Kolpak said no, it becomes a matter of economics. They would be paying a fair market value for the ROW, certainly much more than they had anticipated, and could not afford to build only three new homes to replace them. Mr. Jacobs noted that the best way to assure that just three homes were built on the property would be for the Board not to allow the sale of the ROW. P&Z members discussed several ways of voting in order to accomplish just three homes built at the site> Ms. Connolly reminded the P&Z of the case at 809 Edgewood where the Village vacated a ROWand divided it between two property owners. The property south of the ROW had to reimburse the Village because they were subdividing the property and creating two new lots of record. The property north of Planning & Zoning Commission Arlene Juracek, Chairperson PZ-I0-04 Page 6 the ROW would need to reimburse the Village should the property be subdivided and two new lots of record created in the future. The only difference here is it is the same owner of the lots on both sides of the ROW. A resident came forward to remind the Board of the ROW at Waverly and Lancaster that was sold to two adjacent property owners to enlarge their properties. Ms. Juracek closed the Public Hearing at 9:26 and asked for a motion, explaining that a motion is usually worded in the affirmative. Joseph Donnelly made a motion to approve the resubdivision with the conditions that the house is torn down and the ROW is vacated with 100% of the land going to the lot at 1209 Lincoln as proposed. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: None NA YS: Donnelly, Floros, Rogers, Sledz, Youngquist and Juracek Motion was denied 6-0. Joseph Donnelly made a motion to recommend to the Village Board not to sell the ROW. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floras, Rogers, Sledz, Youngquist and Juracek NAYS: None Motion was approved 6-0. Ms. Juracek said we have a positive vote to recommend the ROW be preserved. She noted that although the request was denied a total of three new homes could still be built, which would include the property at 1209 Lincoln and the two existing lots at 1301 Lincoln. Joe Donnelly said if the Village Board did sell the ROW to the petitioner he would recommend it would be divided equally between 1209 and 1301 Lincoln. Mr. Rogers added, with the stipulation that only three homes could be built on the lots, not four. Ms. Juracek said that would come before them again and they would vote on that at that time. Mr. Jacobs informed the audience this case would be heard by the Village Board on June 15th. Mr. Rogers urged the residents to make their voices heard. At II :05 p.m., Richard Rogers made motion to adjourn, seconded by Matt Sledz. The motion was approved by a voice vote and the meeting was adjourned. Michael Jaco , AICP Deputy Dire or of Community Development RIPLANIPlanning & Zoning COMM\P&Z 2004IMinutesIPZ-IO-O4 1209 W Lincoln Vikcn Rc,ubdivision.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ~ 10-04 LOCATION: 1209 W. Lincoln Avenue and the adjacent unimproved Kenilworth Avenue right-of-way PETITIONER: Paul Viken OWNERS: Paul Viken (1209 W. Lincoln Avenue) & Village of Mount Prospect (right-of-way) PARCEL #: 08-11-302-010-0000 LOT SIZE: 0.56 acres (24,600 square feet) ZONING: Rl Single Family Residentiai LA1"'ID USE: Unimproved right-of-way & Single Family Residence REQUEST: Plat of Vacation and Plat ofResubdivision (create a two-lot subdivision) LOCATION MAP 316 Lincoln Street 314 :; "" - :g .... - ... '" - "" ... - - ;; - - '" ... '" - - .... °; 2 400 ~ = c.;¡ I ~ ~ l\'lount Prospect Country Club 4011 416 420 ~ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLA}\¡'NER DATE: MAY 20, 2004 HEARING DATE: MAY 27,2004 SUBJECT: PZ-IO-04 - VIKEN'S RESUBDIVISION 1209 W. LINCOLN AVENUE (PAUL VIKEN, PROPERTY OWNER) BACKGROUND A public hearing has been scheduled for the May 27,2004 Planning & Zoning Commission meeting to review the application by Paul Viken (the "Petitioner") regarding the unimproved Kenilworth Avenue right-of-way and adjacent property located at 1209 W. Lincoln Avenue (the "Subject Property"). The Petitioner is seeking to subdivide the site, which necessitates the Village vacating the Kenilworth right-of-way, to create the proposed two-lot subdivision. The Petitioner's proposal was properly noticed by posting PubHc Hearing signs on the Subject Property. In addition, Staff mailed a courtesy notice to neighbors within 25D-feet of the Subject Property. The notice included a brief explanation of the request and a sketch of the proposed subdivision. PROPERTY DESCRIPTION The Subject Property is located on the south side of Lincoln Avenue, between Ojibwa and We Go Trails, and currently contains a single-family residence with related improvements. The Kenilworth right-of-way was not improved (street, curb, gutter, etc. were not installed) and contains only some existing landscaping. The Subject Property is zoned RI Single Family Residence and is bordered by the Rl District to the east, west, and north and the CR Conservation Recreation District to the south. SUMMARY OF PROPOSAL The Petitioner's proposal includes creating two lots of record from 1209 W. Lincoln Avenue and the unimproved Kenilworth Avenue right-of-way. Currently, the Kenilworth right-of-way measures 66' x 150', which is a buildable lot in the Rl district, and the 1209 W. Lincoln Avenue property measures 98' x 150' (consisting of two parcels measuring 62.22' x 150' and 35.78' x 150'). The Village Code contains minimum lot width, lot depth, and lot size requirements. The following table summarizes the Village Code's requirements and the Petitioner's proposal. Rl Single Family District Minimum Re uirements Lot Width Lot De th Lot Size - Interior Lot 65' 120' 8,125s.ft. 82' 150' 12,300 s . ft. PZ-IO-04 Planning & Zoning Commission meeting May 27,2004 Page 3 In response to inquiries regarding the Petitioner's request, Staff researched the Subject Property's original subdivision file (Northwest Hills Country Club). The information included within the file does not indicate that the Village approved any type of covenant or regulation that would require the proposed lots to have a larger lot width or more restrictive bulk regulations than those listed within the Zoning Ordinance. Therefore, the proposed lots (each measuring 82' x 150') would exceed the Village's minimum requirements. The Petitioner does not have specific plans for the proposed new residences, but they have not requested any relief from the applicable zoning regulations. Consequently, the structures and site are required to be developed according to all applicable Village regulations. In previous cases where the Village vacated rights-of-way, the land was divided in half and donated to each adjacent property owner. Recently, however, the Village Board has required a developer to compensate the Village if the requested right-of-way vacation is part of a larger resubdivision. In this case the VUlage is continuing its policy of allocating the land to the adjacent property owners because the Petitioner owns the properties on both sides of the Kenilworth right-of-way. However, because the right-of-way is a buildable lot the Village Board is requiring compensation from the Petitioner for the right-of-way land. The plats under review would change the site from an unimproved right-of-way and an existing lot (consisting of two parcels) to two conforming lots. The plats and new lots would comply with the Village's Development Code requirements and the Petitioner is not seeking relief from the Development Code or Zoning Ordinance. Other Departments have reviewed the plat and found that it was prepared in accordance with all applicable Village Codes. RECOMMENDATION The proposed Plat of Vacation and Viken Resubdivision seek to create two new lots of record. The plats and new lots comply with the Village's regulations and the Petitioner is not seeking relief from the Development Code or the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the Plat of Vacation and Viken Resubdivision, Case No. PZ-IO-04. The Viilage Board's decision is final for this case. I concur: ~~ L. ector of Community Development Ij, H:\PLAN'J>IoRning &0 Z",Üng COMM\P&Z 2!K,"\Scill M""o\PZ.\II""¡ MEMO (12:1'J W L;.,oIn. pÙlI of """,ion ",.j ,,"'.I.doc ~ -:z ~\ 'I () 5. : ~ ~ -... -:;,. '" ~ " ~ ~, ~ r;.~ ~ .1 Ii" /r'") rlJ&<r-- /-; ,( / L?,(/V' ( 1\ °l íJ 17-00,\ '^ ( v V ¡ V~~'1 ~A ÌA- UJ ~-K--' ') / Ké/1,//¿ ÞV"oR Tn (;"'07/-o/r'ROV?""') A Y,¿-..-t./ V é " '" ~":; , , '0 ~':: . ~\ t I) 1° >"':/0 ~ . /50::'0 N " .7;9:'r-o?i "':.., 'Ì\ 'i,' J'?: ¿>v" ~ ~'" ", /0,'9"'1 /è1"t; ~, ~'I ß":'/~ .. ~~:',~ ::, .. . .." , A?'¡; .., J~ .~ F.: ?Z,'O;; "vX1<-«: cc-v<,-<",,;;;=¡;:' I :;;:~ ;:;: J~r ~- f ~ § ~r' -~<':c~:.,~ OÆ/:;:~: I v. ~, ~ ~ '~t L B_--::<;.~,;,.:/~-:- ,QAf'/~ '/ C",.v<:~<1"TE' --t I " , '.. ,:f1: cr!;, : .. . -- - - - ,- .,. .... - ¡ , . '¡ : ~\ '1\ '~ ¡ '¥---- " ~ -:.' '" () 6' /50~ 0/' " ¿-:.<;, -> T" -:~v~o~¿~ :::"9'2 - - ,- - _. I / . ¡ p-o't\¡i r fI' / ~! , I ,I .,,-- -- .j/' I -- --- -- ì I ii Ii II Ii Ii I!,\ Ii ~ ,I ~ ¡'I ¡! ' Ji ¡: I' I: I ~ " ¡ ¡ , Ii II ,I ~II " Ii i '1 ¡i 11 ii II Ü ~ ~ ~ B '" ~ \~ ~ ~ 'i 0) en .. 0 r IM1 a J V~ ca/w'À ¡ ( ~ì! Wyýh\ ~f ~f No¡) v r- a -- --- Œ) :E .. 150.0 r - z (') 0 r z S. KENJLWORTH AVENUE m m .. 0 HEREBY VACATED en -i :t1 m fT1 -i 150.0 r-- CJ --j --- (j¡ W.-lINCOlN I '-œLH-; mE soun~ST 1/4 -- I STREET-- Of SECTI(W II - 41 .. II IRON I'II'E FOUIIO OJ? HOIffiI AI() 011 LIIfE EXm«>ED '0 '::1 16'.01 820 I . I. ~ ", " "" I ;; In 30 FT, l6Utl 82.0"'~'" ~ \~ > ~'15 r -'~ ~~ {~ 'oj ~~ r"-' -\~ I I 1 r1 Oil: d il LO ~I g¡ ~I ~I ffil æ ~I t ~I I ;~ - ? 111011 rll'E f()(N) OJI -- sourn 00 011 LM: Ð<mIJ£D b :"::1: . ;., '" ,j. .' , '" Lu::~__-_u._,_..- IS601 62.17 i-u~ Ll] ..,., , I: '~j ~ I ~--t~"J i ¡ ¡ ~ ! ~! I ¡ ~ ~ ~I i g~1 ~ T ~I ~ I i' ~ I ~I tIl;;l U> ~ I ~I. : ¡::; ~IL, "..' I~ IN I'~ -- ~'"'--- ...) (... d..! ~i:I :::1::: ~.... Cr:. '...' ':> LOT ~~~:i t"';:j I LOT 2 " ,"', "".' c~.) 1.J../ !..... <1: .. , ."..:" "",..' 10 FT. EASEMENT RJft - I'UIIUC UllUTlES Ale) PMINAG[ 10 FT. EASEMENT fOR P\II!UC uruTl¡::S ~ DMINMIó ( 36,111 I I :1 Ii :~ q I:) 0 I~ &0 I~ Ii I~ K1 ~ ¡ ,"', -""I . " i....,:,...' I ¡ ¡ /;, ~ I ~ I ~ I ---'.:j 1R0ti PIPE f()I.W 'i ~ 9 \!I ~ ã " iROli m fOI.I!oI)