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HomeMy WebLinkAbout08/22/2002 P&Z minutes 22-02MINUTES OF TItE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-22-02 Hearing Date: August 22, 2002 PETITIONER: Oneita & Earl Brandon PROPERTY ADDRESS: 419 S. Ojibwa PARCEL NUMBER: 08-13-218~008 PUBLICATION DATE: REQuEsT: August 7, 2002 Variation to construct an attached 2-car garage that would encroach 5' into the required side yard. MEMBERS PRESENT: Merrill Cotton Joseph Donnelly Leo Floros Arlene Juracek, Chairperson MEMBERS ABSENT: Richard Rogers Matthew Sledz Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Planning INTERESTED PARTIES: Earl & Oneita Brandon Chairperson Arlene Juracek called the meeting to order at 7:35 p.m. Approval of the minutes was tabled to the September 26 meeting since a quorum of members from the July 25 meeting were not present. At 7:36, Ms. Juracek introduced Case No. PZ-22-02, a request for a Variation to construct an attached 2-car garage to encroach 5' into the required side yard. She explained that this case would be Village Board final. Judy Connolly, Senior Planner presented the case, reporting the subject property is an existing home located on an interior lot on a single-family residential street. She said that the applicant proposes to convert the existing attached garage to storage space and construct a new 2-car attached garage in front of the existing garage. The garage addition would have the same setback as the existing garage, which is 5-feet. Ms. Connolly said that current regulations require a 10-foot setback and that the petitioner is seeking a Variation to construct the new garage in the required setback. Ms. Connolly said that the petitioner stated that the location of the septic tank in the front yard and the floor plan of the home prevent the new garage from being constructed along the southwest portion of the house, where they could meet the 10-foot setback. The petitioner noted in his application that the new garage will be located more than 36-feet from the adjacent house and that the setback would be in character with the neighborhood. The garage addition would be constructed with materials that match the existing house. Ms. Connolly informed the Commission that the request must meet the standards listed in the Zoning Ordinance in order to approve the variation. She summarized the standards and described the subject property and noted that the size and shape of the subject property are typical of most residential properties in the Village. Ms. COnnolly said that the layout of the house is not unique, but that the septic field and its location are not typical for most residences in Mount Prospect. In order to build the 2-car garage, the house would have to be remodeled significantly and/or the septic tank would have to be removed. She said that constructing a garage that would comply with zoning regulations would be possible, but would require considerable modifications to the site. Although the petitioner is creating his own hardship by constructing a 2-car garage 5-feet from the side lot line, the manner in which the site is developed is a unique condition. Also, the proposed structure would not be likely to have a negative effect on the character of the neighborhood or the public welfare. Planning & Zoning Commission PZ-22-02 Arlene Juracek, Chairperson Page 2 Ms. Connolly pointed out that the proposed variation would not have a detrimental effect on neighborhood character and the location of the septic tank and development of the property supports a finding of hardship, as required by the standards listed in the Zoning Ordinance. However, the convenience of having a 2-car garage does not meet the standards for a variation and the petitioner is creating the need for a variation. Based on these findings, Staff recommends that the Planning and Zoning Commission recommend that the Village Board deny the proposed Variation to permit an enclosed structure to encroach five-feet into the required 10-foot side yard setback for the residence at 419 Ojibwa, Case No. PZ- 22-02. She said that the Village Board's decision is final for this case. Ms. Juracek pointed out the proposed garage is within the size permitted by Code and the Variation was requested for the setback encroachment. Joseph Donnelly said this request appeared to be for an extension of the garage and asked how would it affect the limit to the allowable square footage. Ms. Cormolly said that an attached, tandem garage would be limited by the 32~foot maximum driveway width. Merrill Cotten called attention to the fact that the existing garage setback was a legal nonconformity and asked how it affected this case. Ms. Connolly said the legal nonconformity was for the original structure, but did not apply to new additions. She said new additions must meet current regulations. Mr. Donnelly said the lot coverage figures seemed to be inconsistent, having less coverage after the addition than before. Ms. Connolly said the petitioner was going to reconfigure the service walk and would build the addition on an already paved area, which results in less lot coverage. Mr. Floros asked if the house was built before the property was annexed to the Village. Ms. Cormolly said it was probable. Earl Brandon, 419 Ojibwa, was sworn and testified that he had no storage space other than the garage and that their vehicles must remain outside the garage. He said that they have only a partial basement. Ms. Juracek asked if there would be a wall between the new and old garage. Mr. Brandon said yes, but it would only be a double door for pedestrian access. Ms. Juracek asked if that space would be wide enough for a car to pass through. Mr. Brandon said it would not. Mr. Donnelly asked if access between the house to the new garage would be internal. Mr. Brandon said yes. Mr. Floros asked if this was the only improvement being done at this time and if Mr. Brandon was the original owner. Mr. Bmndon said it was the only improvement and that he was not the original owner. Ms. Juracek said the Commission recently denied a similar request because it obstructed the sight lines of the next-door neighbors. She asked if his neighbors approved of his proposed project. Mr. Brandon said his property line is 36' from the next house and would not detract from any other property. Mr. Donnelly asked about city sewer and water service hooks up to the site. Mr. Brandon said his house and the house next door are on well and septic. At the time city sewer and water became available to the property, Mr. Brandon said it would have cost him $45,000 to connect. Mr. Cotten said that the property was the next to last house on a one-way dead end street, with a very spacious front yard and that he felt the proposed project would not detract from the area. Ms. Juracek said there appeared to be no opposition by neighbors and she closed the public hearing at 7:50 p.m. Mr. Floros agreed that the property had a spacious front yard and said that he had no objection to this reasonable request. lanning & Zoning Commission PZ-22-02 Arlene Juraeek, Chairperson Page 3 Mr. Donnelly said that since the property has two front doors, the garage could be shifted over 5' and cover only one door and still allow easy access to the proposed garage. Ms. Juracek observed that a 5' setback would still be maintained and that in the event the lot were subdivided to a smaller lot the 5' setback would be appropriate. Leo Floros moved to recommend that the Village Board approve the proposed Variation to construct an attached 2-car garage that would encroach 5' into the required side yard, Case No. PZ-22-02. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros and Juracek NAYS: None Motion was approved 4-0. At 8:39 p.m., after hearing three more cases, Joseph Donnelly made a motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner