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HomeMy WebLinkAbout09/23/2004 P&Z minutes 37-04 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-37-04 Hearing Date: September 23, 2004 PROPERTY ADDRESS: 624 Bunting Lane PETITIONER: Pam and Ryan McAllister PUBLICATION DATE: September 8, 2004 Journal/Topics PIN#: 03-27 -309-008 REQUEST: Conditional Use for a porch to encroach front yard setback MEMBERS PRESENT: Acting Chair Richard Rogers, Merrill Cotten, Joseph Donnelly; Leo Floros; Keith Youngquist MEMBERS ABSENT: Arlene Juracek, Matthew Sledz STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community Development; Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Pam and Ryan McAllister Chairperson Richard Rogers called the meeting to order at 7:35 p.m. Joseph Donnelly made a motion to approve the minutes of the August 26, 2004 meeting and Keith Youngquist seconded the motion. The minutes were approved 5-0. Mr. Rogers continued the PZ-26-04 Case to the October 28 meeting. Mr. Rogers introduced Case No. PZ-37-04, a request for a Conditional Use for a porch to encroach in a front yard setback. He noted that the request would be Planning and Zoning Board final. Judy Connolly, Senior Planner, presented the case. The Subject Property is located on the north side of Bunting Lane, between Forest and Prospect Manor Avenues, and contains a single-family residence with related improvements. The Subject Property is zoned RI Single-Family Residence and is bordered on all sides by the RI 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 concrete base, wood rails and wood columns. The proposed porch will extend slightly less than 6' from the house, resulting in a 25' front yard setback. Therefore the proposed porch requires Conditional Use approval. The existing home complies with the Village's zoning regulations, but the detached garage encroaches into the required side yard setback. The garageis allowed to remain in its current location because it 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: not having a detrimental impact on the public health, safety, morals, comfort or general welfare; 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; 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 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 surrounding 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 624 Bunting Lane, Case No. PZ-37-04. The Planning & Zoning Commission's decision is final for this case. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-37-04 Page 2 Ryan and Pam McAllister were sworn in and testified that they wanted to add a cement floor porch the full length of the house not more than 6' wide and a second floor to the entire house. They did understand they could never enclose the porch. There were to be no questions from the floor so Mr. Rogers closed the hearing. Merrill Cotten made a motion to approve the request for a Conditional Use Approval for the property located at 624 Bunting Lane, Case No. PZ-3 7 -04. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Youngquist and Rogers NAYS: None Motion was approved 5-0. At 8:00 p.rn., Keith Youngquist made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Judy Connolly, AICP, Senior Planner CIDocuments and Settings\kdewislLocal SettingslTemporary Internet Files\OLK2\PZ-37-04 624 Bunting Lane.doc