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HomeMy WebLinkAbout5. OLD BUSINESS 11/06/02 illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT OCTOBER 11, 2002 PZ-26-02 - CONDITIONAL USE (CIRCULAR DRIVEWAY) 216 YATES LANE NEBOJSA & SLAVICA ASANIN- APPLICANTS The Planning & Zoning Commission transmits their recommendation to deny Case PZ-26-02, a request ~or a circular driveway, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their September 26, 2002 meeting. The subject property is located on a local street in a residential neighborhood. Zoning Ordinance requires Conditional Use approval for new circular driveways. The Planning & Zoning Commission discussed the large amount of front yard lot coverage the proposed circular driveway would require. Also discussed was the fact that the request was driven from convenience, as opposed to resolving a safety concern. The Commission discussed alternative designs that did not require Conditional Use approval with the petitioners and noted that the alternatives could accommodate more vehicles and still be done in an attractive manner and preserve more of the front yard. The Pla~'mg & Zoning Commission members voted 7- 0 to recommend that the Village Board deny a request for a Conditional Use permit for the construction of a circular driveway at 216 Yates Lane, Case No. PZ-26-02. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 15, 2002 meeting. Stafr'will be present to answer any questions related to this matter. MINUTES OF TItE REGULAR MEETING OF THE PLANNING & ZONING ~OMMISSION CASE NO. PZ-26-02 Hearing Date: September 26, 2002 PETITIONER: Nebojsa & Slavica Asanin PROPERTY ADDRESS: 216 Yates Lane PARCEL NUMBER/ 03-35-413-016 ' PUBLICATION DATE: September 11, 2002 REQUEST: Conditional Use --Circular Driveway MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Matthew Sledz Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Judy Conn011y, AICP, Senior Planner Michael Jacobs. AICP, Deputy Director of Community Planning INTERESTED PARTIES: Nebojsa & Slavica Asanin Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the August 22 meeting, seconded by Richard R6gers. Richard Rogers made a motion to approve rmnutes of the July 25'm6eting~'Se~c6nde~l~ by M~rrill C0-tten~ ~The August minutes were approved 4-0 with Rich Rogers, Matt Sledz, and Keith Yonngquist abstaining. The July minutes were approved'6-0 ~ith joc Donn~lly abstaining. At 7:57, after hearing another ease, Ms. Jurae~k introduced Case N0. PZ-26-02, a request for Conditional Use approval to construct a new circula~ dri~)e~yi She said the case Wbul~tbe'Vflll/ge B6ard fa-mi. ' Judy Connolly, Senior Planner, reported that the subject property is located on the west side of Yates lane,, directly across from Jeffery Drive~ ~hlqte-gae. sh~ Said that the existing home on the sul/je~ pi:oper6j' ~S ~fl~; ~.! b~k slightly more than 30-feet from the front lot line and includes a standard 16.5" wide"dri-Ce~ra3~: The peti~i6ne~ iS currently adding on to the existing house and the addiii0n'ifie~ Village Codes, however, the eimdar requires Conditional Use approval. She said that the proposed circular driveway irieigures~12:feei/~id6 and would' connect to the standard driveway. The standard driveway and circular driveway would cover 5¢.6% of the front yard, but the ~ite c0mplies~)ith~6~/emll lot coverage regulai)ions. Ms. Connolly said that in order to approve the Conditional Use, the driveway must meet the standards for a Conditional Use listed in'the Zoning Ordinance. Sh~ summarized the standards and report~l that Staff,evaluated traffic patterns in the neighborhood of the Subject Property, which is consistent with other requests for circular driveways. She said that in this case, Staff did not find that a circular driveway is needed to resolve ~raffie or Safety issues since the Subject Property is ona lOCal street, which typically does not have a high traffic volume. Also, this request is different from other circular driveway requests previously considered because the lot is not oversized or have an oversized lot width. A site visit confirmed that the proposed circular driveway wouldnot be consistent with the character of the neighborhood since it would require more Piivement in the front'yard than is characteristic lanning & Zoning Commission Arlene Juracek, Chairperson PZ~26-02 Page 2 of other nearby properties. In addition, the Petitioner's reasons for requesting a circular driveway relate to the number of vehicles they own and for aesthetics associated with the addition. Ms. Cormolly said that although the proposed circular driveway' would not have an adverse impact on the neighborhood, it is not needed as a solution to a traffic safety issue or because the street has a substandard right-of- way or pavement width, which was the case in previous requests. She said that the Petitioner's reasons for the cimular driveway are for convenience and that the circular drive would not be consistent with the character of the neighborhood. Therefore, Staff recommends that the Commission make a recommendation to the Village Board to deny a Conditional Use for a circular driveway for the residence at 216 Yates Lane, Case No. PZ-26-02. She said that the Village Board's decision is final for this case. Richard Rogers said that based on the design submitted for review that the petitioner would probably get fewer cars on a circular drive than on the present driveway. Ms. Connolly said she reviewed alternatives to the circular driveway with the petitioner before accepting the Conditional Use application. She said that one alternative was a wider, standard driveway and that the Zoning Ordinance permitted driveways up to 26-feet for the size of the petitioner's lot. Nebojsa & Slavica Asanin were sworn in. Mr. Asanin said there is no way to park four cars on their driveway and a circular drive would be useful when they have company and have to move cars around. He said that with the addition to the house that the house would be bigger and a circular driveway would be more proportional. They said they didn't want to remove a large tree from the front yard, which would be necessary if they made the driveway larger. Ms. Juraeek said she agreed with Mr. Rogers that a 12' wide driveway would not allow easy movement of cars parked in the driveway. Keith Youngquist said if they made a 26' driveway starting at the northern edge of their current garage door and moved it towards the west property line it would be a wider driveway and could be done with brick pavers to be more decorative, and get more cars on the driveway than a circular one: He said that aesthetically, this would be a much better solution and that it would enhance their addition. Ms. Juracek agreed and said that they would have much more green space in their front yard. Leo Floros also concurred with the previous statements and said that he was sympathetic to their parking problem, but that the circular drive would not be wise from a planning standpoint. Mrs. Asanin said there were some circular driveways in the vicinity on the same lot size and asked when and why those had been approved. Mr. Fll)ros said those driveways might have been in place when annexed into the Village or installed before circular driveway required special approval. Ms. Juracek said it was not productive at this venue to attempt to guess why those circular driveways had been approved. She suggested the petitioners research previous cases with the appropriate Village Depratment. Ms. Juracek closed the public hearing at 8:13 p.m. Richard Rogers moved.to make a recommendation to the Village Board to approve a Conditional Use to permit a circular driveway for the residence at 216 Yates Lane, Case No. PZ-26:0*2?'~K~ith Y~imgqti~st se'c3nded the motion. lanning & Zoning Commission PZ-26-02 Arlene Juracek, Chairperson ~ Page 3 UPON ROLL CALL: Juracek Motion was denied 7-0~ AYES: None NAYS: .Cotten, Dormelly, Floros, Rogers, Youngquist, Sledz and At 8:50 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 Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 26 -02 LOCATION: PETITIONERS: OWNERS: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 216 Yates Lane Nebojsa & Slavica Asanin Nebojsa & Slavica Asanin 03-35-413-016 0.23 acres (10,166.25 square feet) R1 Single Family Residence Single Family Residential Conditional Use - Circular Driveway LOCATION MAP Lowden Lane Small Lane 210 208 2O6 213 212 211 210 209 208 207 206 205 204 203 202 .201 200 305 222 303 220 30t 218 215 214 211 210 209 208 207 206 205 204 203 202 201 200 PZ-26-02 216 Yates Lane Asanin Residence Conditional Use - Circular Driveway Z-26-02 Planning & Zoning Commission meeting September 26, 2002 Page 3 RI Single Family District Requirements Existing Proposed MINIMUM SETBACKS Front 30' 31' 30' Interior 10' or 10% of lot width 11' & 17' 10' & 17' Rear 25' 54' 50' LOT COVERAGE 45% 24% 3 I% CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance. The section contains seven specific findings that must be made in order to approve a Conditional Use. The circular drive is listed as a Conditional Use in the parking section of the Zoning Ordinance (Sec. 14.2215.A. 1). The following list is a summary of these findings: · The Conditional Use will not have a detrimental effect on the public health, safety, morals, comfort or general welfare; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities and drainage and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. As with other requests for circular driveways, Staff evaluated traffic patterns in the neighborhood of the Subject Property. In this case, Staff did not find that a circular driveway is needed to resolve a traffic or safety issue. Also, this request for a cimular driveway differs from other requests previously considered, in that the Subject Property does not have an unusually oversized lot width. A site visit confirmed that the proposed circular driveway would not be consistent with the character of the neighborhood since it would require more pavement in the front yard than is characteristic of other nearby properties. In addition, the Petitioner's reasons for requesting a circular driveway relate to the number of vehicles they own and for esthetics associated with the addition. RECOM1VIENI)ATION While the proposed circular driveway would not have an adverse impact on the neighborhood, it is not needed as a solution to a traffic safety issue and/or because the street has a substandard right-of-way or pavement width. The Petitioner's reasons for the circular driveway are for convenience, but the circular drive would not be consistent with the character of the neighborhood. Therefore, the request fails to meet the Conditional Use standards contained in Section 14.203.F.8 of thc Zoning Ordinance. Based on these findings, Staff recommends that the P&Z make a recommendation to the Village Board to deny a Conditional Use for a circular driveway for the residence at 216 Yates Lane, Case No. PZ-26-02. The Village Board's decision is final for this case. I conch: William J. Cboney, AICP, Director of Community Development VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - planning Division 100 S. Emerson Slz~ct Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Case Number P~Z Devel~)pment Name/Address ' Date of Submission Hearing Date Address(es) (Street 1,~umb~r, S~et) Site _A~ea (Acres) P_,~openy Zoning To~l B~l~g Sq. Ft (Site) S~c~: ,~o ~ ~ ~ IO~. ~0 ~. B~e~ ~ ~Se (%) N~ of p~in~ Spa~s Adj~t ~ Us~: No~ So~ ~ West ~ ~ (a~c~ ~o~ ~e~ ifn~s~) " F Name Telephone (day) Co~orafioa TelePhon~ (~'vcning) S~t A~ I F~ ~t ~ Pm~ ' Name Telephone (day) Corporation Telephone (evening) Stxeet Address l~ax: City State Zip Pager Code Developer Name Telephone {day) Address Fax Attorney I Telephone (day) Nam~ Address , _ , Fax Surveyor ~i Narae Telvphone (day) Addr~s Fax Nam~ Telq~hone (day) Architect Address ~' ~'- ' Fax Landsespe Architect Name Telephone (day): Add~ess ., . Fax Mount Prospect Department of Commtmity Development Phone 847.818.5328 100 South Emerson Street, Mount Prospect Illinois Fax 847,818.5329 www. meuntprospeet.org 2 TDD 847,392.6064 roposed Conditional Use ~as listed in the zoning disU'icO Describe i~ Detail the Buildings ~d Activities ?toP°seal and How the ~rol~osed Use Meets the A~ached Sm-dards fo~ Conditional Use Approval (a~ach ~dditionai shee~s ir'necessary) of O~ration -- ~J/~ Address(es) (Slxeet Number, Street) Oil~Jl~Sq'Ft' Devoted to ProposedUse~ ~UqO0 Sit~ Area (Acres) ~rope~y ~.on/ng To~al Building Sq. Ft. (Site) 5~ Front Rear Side Side Building Height "' Lot Coverage (%) Number ofParld~! Spaces Please note that the applicaiion will not be reviewed until this petition has been fully completed and all required plans and other materials bare been satisfactorily submitted to the pln..in.~ DivisiOn. IncomPlete subm/ttah will nOt be aCCePted. It/s strongly sugg~tod that the peti~ schedule an ~pointment with the appropriate Village staff so that materials can be reviewed for accuracy and comple~mess at the h ¢o~iderafion of the information contained in this petition as well as all supporting documentation, it is Iv, quested lhat approval be given ~o this requ~. The applicanI is the owner or authorized representat/ve of the owner of the property. The petitio~r and the owner of the prop~ ~mt ~mploye~ of th~ Village of Mount Prospect and their agents permission to enter on thc propen'y dung re~sunable hours for ' visual inspect/on of the subject propen'y. I hereby affina that all information provided l~rein and in all materials submitted in association with this application are role and If applicant is not property owner: I hereby desi__gn~ the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and 100 South Emerson Street, Mount Prospect Illinois w~v.mouniprospeCt.org Phone 847.818.5328 Fax 847.818.5329 TDD 8~7.392.6064 Describe in Detail the Buildings and ~4ctivities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval Based on the Standards for Conditional Use Approval of the 7 items listed, the proposed cimular driveway for 216 Yatos Lane, does not adversely affect any nearby properties or public properties. We moved to the Mount Prospect area 2 years ago and we find the area quiet, friendly and beautiful all four seasons. We are a growing family of 6, and we are planning to expand our existing 3 bedroom, 1 ~ bath home, to a 5 bedroom 2 '~ bath home. We find these improvements meet our needs and will greatly enhance the neighborhood. With the submittal of our plans for the new addition we wanted a cimular driveway to balance out the appearance of the house from the outside. Not only is the cimular driveway needed for aesthetic reasons, we own 4 trucks and a trailer and due to limited space in the existing driveway (30' x 16') we park the vehicles with hesitation each day, knowing that our children, guests, neighbors or even daily traffic could cause damage/harm to our vehicles or themselves. Parking on the city streets in the evening hours is not permitted and on many occasion our overnight guests find a ticket on their windshield. The circular ddveway will be a combination brick/concrete "Herdngbond Design", as well we will landscape the surrounding area with shrubs and plants to further enhance the newly remodeled home. When we found out that we would need to go through an application process and a public hearing to get Conditional Use Approval for the circular driveway we hesitated a tittle and we thought about other altemafives to the driveway situation. One suggestion was to widen the existing driveway a few feet. However, this would not work because there is a tree approximately 5 feet north of the driveway, and to widen the driveway would mean removal of this beautiful tree. If Conditional Use is not approved we have a suggestion to the city of Mount Prospect to allow parking on the streets, because eventually families of our size with children growing and wanting vehicles of their own will need to park them somewhere, especially if they only have a 30' x 16' driveway. We enjoy living on the quiet, tree-lined street of Yatos Lane and would like to remain here as long as we can. We firmly believe that the proposed circular driveway will not be an eye sore to the neighborhood but when completed will be more a work of art, inviting and a complement to the newly remodeled home. However, if Conditional Use is not approved you will leave us with no other alternative but to sell our home and relocate to another town that will be supportive in our efforts to beautify our home and their town as well. DASFIED L NE INDICATE5 EXISTtNG| EXTENSION OF SECOND TO ~EMAIN WITN I DESIC~N' 25'-¢ t~EAF~ SETBACK 22'-5' 24'-"1 1/2' EXISTINg. E, RICK AND FRAME MULTI-STOR3' RESIDENCE II'-S I/2" 12'-0' 12'-~>'' 12'-3 1/2' NED 5INGLE 5TO~¥ FRAME ADDITION EXTENSION OF EXISTINC~ FIRST FLOOR NED SECOND FLOOR ADDITION NED EXTERIOR ENTRY 5TEf='5 AND L AND IN~, ':;'C:' ""r' A T E 5 L A N E I I I Z 25'-O REA~ SETI~,~CK I ADDITION 51TE PLAN E4 il'-& I/2' 12'-O' 12'-O' 12'-~ 1,2' LANE LEGAL DEECR'iPTION PLAT OF SURVEY ~F LOT 210 IN 11-IIRD ADDmON TO BLUEI'~S FNRVIEW GARDENS. BEING A SUBDMSION OF' PART OF THE EAST HN_F OF THE SOUTHEAST QUARTER OF sECTION 35. TOWNSHIP 42 NORTH. RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN 'HIE OFFICE OF THE REGISTRAR OF ]I'B_ES OF COOK COUNTY. ILLINOIS. ON JANUARY 19. lg62. AS DOCUMENT NUMBER 2016922 AND CERTIFICATE OF CORRECTION '~{ERBOF REGISTERED ON MARCH 14. 1962. AS DOCUMENT NUMBER 135.35 o., ~. I LOT 210 .135.55 Ordered by: DAV1D S. KRAUSE Order No: 000722 Bas~ ~ccl[e: I ;nch == 20 feet Dot:e: JULY 51. 200Q vw[ 10/10/02 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 216 YATES LANE WHEREAS, Nebojsa and Slavica Asanin (hereinafter referred to as "Petitioners") have filed a petition for a Conditional Use permit with respect to property located at 216 Yates Lane, (hereinafter referred to as the "Subject Property") and legally described as follows: Property Index Number: 03-35-413-016-000 Lot 210 in 3rd addition to Bluett's Fairview Gardens, being a subdivision of part of the E % of the SE ¼ of Sec. 35 Township 42 North, Range 11, E. of the 3rd Principal Meridian, according to plat thereof registered in the Office of the Registrar of Titles of Cook County, IL On January 19, 1962, as Doc~ 2016922 and Certificate of Correction thereof registered on March 14, 1962 as Doc# 2023843. and WHEREAS, the Petitioners are requesting a Conditional Use permit to construct a circular driveway; and WHEREAS, a Public Hearing was held on the request for the Conditional Use permit being the subject of PZ-26-02 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26~h day of September, 2002, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11th day of September, 2002; and WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to the President and Board of Trustees for the request being the subject of PZ-26-02; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use would be .in the best interest of the Village. ~ Page 2/2 216 Yates Lane NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TVVO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of a circular driveway, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVEDthis day of ,2002. ATTEST: Gerald L. Farley Village President Velma W. L0we Village Clerk.