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HomeMy WebLinkAbout06/24/2004 P&Z minutes 28-04 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-28-04 Hearing Date: June 24, 2004 PROPERTY ADDRESS: 121 S WaPella PETITIONER: Paul and Lisa Snead PIN#: 08-11-207-011-0000 PUBLICATION DATE: June 9, 2004 Journal/Topics REQUEST: Conditional Use to allow a porch to encroach into a setback MEMBERS PRESENT: Arlene Juracek, Chair; Merrill Cotten, Joseph Donnelly; Leo Floros; Richard Rogers, Keith Youngquist MEMBERS ABSENT: Matthew Sledz STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community Development; L~TERESTED PARTIES: William and Lisa Snead Chairperson Arlene Juracek called the meeting to order at 7:33 p.rn. Joe Donnelly made a motion to approve the minutes of the meeting and Leo Floros seconded the motion. The minutes were approved 5-0, with one abstention by Merrill Cotten. Ms. Juracek announced there were four cases on the agenda but two had been continued. PZ-26-04 had not been noticed in the paper and did not need to be voted but PZ-25 had been noticed and needed to be voted to be continued. Richard Rogers moved to continue PZ-25-04 and Leo Floros seconded the motion, which was approved 6-0. At 7:49 p.m., Ms. Juracek introduced Case No. PZ-28-04, a request for a Conditional Use to allow a porch to encroach into a setback. She noted that the request would be P&Z final. Michael Jacobs, Deputy Director of Community Development, presented the case. A public hearing has been scheduled for the June 24, 2004 Planning & Zoning Commission meeting to review the application by Paul and Lisa Snead (the "Petitioner") regarding the property located at 121 S. WaPella Avenue. The Petitioner has requested Conditional Use approval to allow the construction of an unenclosed porch in the front yard. The P&Z hearing was properly noticed in the June 9, 2004 edition of the Journal Topics Newspaper. In addition, Staff has completed the required ",Titten notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. The Subject Property is located on the east side of WaPella Avenue, between Busse and Evergreen Avenues, 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 Petitioner is proposing a number of improvements to the existing home, including a 2-story addition and an unenclosed front porch. The proposed porch would consist of a wood base, rails and columns. The Petitioner will install a wood lattice skirt to deter animals from burrowing under the porch. The proposed porch will extend 5' from the house, resulting in a 25' front yard setback. Therefore, Conditional Use approval is required. The existing home complies with the Village's zoning regulations, but the garage encroaches into the required side yard setback. The garage is allowed to remain in its current location and is a legal non-conformity. The standards for Conditional Uses are listed in the Zoning Ordinance. They include seven specific findings that must be made in order to approve a Conditional Use. The standards relate to the porch: .'.'.'.'.'m.-.'.'.'.'.'...'..'C. 0.. Oc.'.'...'.-. 0.'.-. ,.,.,.,..,.,.,.,.,.,.,.,.".,.,.".,.,."...'0.,.-.0.-"-'~ _.-._.'...-.",-.'...'..-.'.'..'.'..-.'.y....~..-.-.. .-- -- .._-----~~-- ......................... Planning & Zoning Commission A.rlene Juracek, Chairperson PZ-28~O4 Page 2 . Not having a detrimental impact on the public health, safety, morals, comfort or general welfare; II That the porch will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; II That there is adequate provision for utilities, drainage, and that the design of access and egress is done so as to minimize congestion on Village streets; and . And that the porch complies with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The proposal would not adversely affect the character of the suITounding neighborhood; utility provision or public streets and the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve a Conditional Use for an unenclosed porch to encroach into the required front yard, creating a front setback of no less than 25' for the residence at 121 S. WaPella Avenue Case No. PZ-28-04. The Planning & Zoning Commission's decision is final for this case. Paul and Lisa Snead were sworn in and Mr. Snead testified that they had put an addition on their house ten years ago and were now putting another addition onto the house. They wanted to put an unenclosed porch but their architect pointed out that the porch would encroach 5' into the required front setback. To change the dimension of the porch would ruin the character of the house, which they have tried to keep faithful to the original design. Mr. Cotten asked, if they were granted the Conditional Use, did they realize they could never enclose the porch. The Sneads said they understood that Mr. Donnelly asked if the concrete footings would be covered with latticework. Ms. Snead said latticework and landscaping. Lester Fleming, 105 S. WaPella was sworn in and said he approved of the addition, that it would be a wonderful addition to their neighborhood. Ms. Juracek closed the Public Hearing at 7:54. Richard Rogers made a motion to approve the request for a Conditional Use to allow a porch to encroach into a setback, PZ-28-04. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Juracek NAYS: None Motion was approved 6-0. At 7:55 p.m., Joe Donnelly made motion to adjourn, seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Michael Jacobs, AICP Deputy Director of Community Development