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HomeMy WebLinkAbout02/27/2003 P&Z minutes 1-03MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-01-03 Hearing Date: February 27, 2003 PETITIONER: AngeloTourlis 8053 Churchill Niles, IL 60714 PROPERTY ADDRESS: 1002 Meadow Lane PARCEL#: 03-27-307-015 PUBLICATION DATE: February 12, 2003 REQUEST: Conditional Use to allow a circular driveway and Variation to install an 8' fence MEMBERS PRESENT: Arlene Juracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Matthew Sledz MEMBERS ABSENT: Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: AngetoTourlis Chairperson Arlene luracek called the meeting ro order at 7:31 p.m. Joseph Donnelly made a motion to approve the minutes of the January 23 meeting, seconded by Richard Rogers. The January meeting minutes were approved 5-0, with one abstention by Arlene Juracek and one minor change. At 8:20, after heating another case, Ms. Juracek introduced Case No. PZ-01-03, a request for Conditional Use approval for a circular driveway and a Variation to install an 8' fence. She said the driveway request ~vould be Village Board final but the fence request is P&Z final Judy Connolly, Senior Planner, described the request. She explained that the petitioner has requested conditional use approval to allow the construction of a new circular driveway and a variation for an 8-foot tall fence along the rear and side lot line. The subject property ~s zoned RX Single Family Residence and is bordered by single-family zoning districts and commercial zoning to the south. The subject property is located on the south side of Meadow Lane in the Wedgewood Subdivision. The Wedgewood Subdivision was developed under county regulations and does not have sidewalks or curb and gutter. Also, the street pavement width is 19-feet, which is 9-feet less than the current code requirement. Ms. Connolly explained that the petitioner is in the process of constructing a ne~v house. The house and other site improvements meet Village Codes. However. the proposed circular driveway requires Conditional Use approval and the 8-foot fence reqmres a Variation. Ms. Connolly said the proposed circular driveway measures 12-feet wide and would connect to a 'standard' 12-foot wide driveway. The standard driveway and circular driveway would cover less than 29% of the front yard. The street has a substandard pavement width and contains an unenclosed ditch and culvert drainage system. Planning & Zoning Commission PZ-01-03 Arlene Juracek, Chairperson Page 2 Ms. Connolly summarized the standards for Conditional Uses listed in the Zoning Ordinance and said that the Board has to find that the request meets the standards to approve a Conditional Use. She said that as with other requests for circular driveways, staff evaluated traffic patterns in addition to the neighborhood character to determine whether the circular driveway meets the standards listed in the Zoning Ordinance. In this case, the street pavement width is substandard and the proposed circular driveway would be located less than 100-feet from Rt. 83/Elmhurst Road. She said that Staff determined that a circular driveway would help the petitioner access Meadow Lane in a safe manner. Also, the subject property has an oversized front yard and expansive Meadow Lane frontage. The circular driveway would not have an adverse impact on the character of the neighborhood or exceed the 35% front yard lot coverage guideline. Ms. Connolly said that in addition to the Conditional Use, the petitioner is seeking a variation to construct an 8-foot fence along the property lines that are adjacent to the existing commercial center. She said that the current commercial tenants include a mortgage company, an insurance company, and a real estate office. The commercial tenants park along the shared lot line and the petitioner would like the taller fence to screen the subject property from the commercial use. She reported that the Zoning Ordinance allows 6-foot fences to be installed between residential and non-residential uses. The petitioner is permitted by right to install a 6-foot fence and screen the commercial use without requiring a variation. Ms. Connolly reviewed the standards for a Variation listed in the Zoning Ordinance and said that the P&Z must find that the request meets these standards in order to approve the 8-foot fence. She said that although the proposed 8-foot fence would not adversely affect the single-family neighborhood character or the adjacent commercial property, the petitioner's request does not meet the standards for a hardship as defined by the Zoning Ordinance. The size and shape of the lot is similar to other lots in the Village; the petitioner is constructing a new house adjacent to an existing commercial use and essentially creating the need for a Variation. Ms. Connolly said the proposed circular driveway meets the cOnditional Use standards contained in the Zoning Ordinance. Based on these findings, Staff recommends that the Planning and Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for a circular driveway for the residence at 1002 Meadow Lane, Case No. PZ-01-03 subject to the following conditions: 1.) the east driveway should be located 5-feet west of the existing manhole; and 2) install a storm sewer to connect the culverts beneath the driveways. Ms. Connolly said the proposed 8-foot fence may not have an adverse impact on the neighborhood, but the request fails to meet the standards for a hardship as defined by the Zoning Ordinance. In addition, the Petitioner has the option of installing a 6-foot fence to screen their residence from the adjacent commercial use. Based on these findings, Staff recommends that the P&Z deny the proposed Variation to permit an 8-foot fence for the residence at 1002 Meadow Lane, Case No. PZ-0t-03. The Planning and Zoning Commission's decision is final for the fence request. Ms. Juracek asked if the house had a side-loading garage and Ms. Connolly said yes. Ms. Juracek asked where 8' fences were allowed by Code. Ms. Connolly said 8-foot fences were allowed in industrial areas and in residential neighborhoods where the rear lot line is adjacent to railroad tracks. Bill Pappas of PAP Construction was sworn in to represent the petitioner. He explained that the garage was on the side of the house where most of the traffic was so it could act as a sound barrier. He said the owner is concerned with backing out of his driveway when cars are cueing up on Meadow Lane as they wait to get onto Elmhurst Road. He said the owner did want an 8' fence, but Mr. Pappas realized that was not possible because of the zoning not being industrial. Mr. Donnelly asked if a turnaround could be executed in the area of the driveway in front of the garage to eliminate the need to back out of the driveway; Mr. Pappas said the original plans were submitted with a turnaround at the top of the driveway, but this was not permitted by code and the petitioner decided to pursue a Conditional Use instead of a Variation. Planning & Zoning Commission PZ-01-03 Arlene Juracek, Chairperson Page 3 Ms. Juracek and Mr. Floros said they thought the position of the house and garage was understandable due to the neighboring industry. Ms. Juracek asked for questions from the audience. No one came forward and Ms. Juracek closed the public hearing at 8:48. Richard Rogers said he felt the petitioner created his own hardship by locating his garage on the side closest to Elmhurst Road and that he is not in favor of circular driveways in general because they take up too muCh of the front yard. He also felt they could turn around at the wide part of the driveway. Mr. Donnelly agreed and said circular driveways usually have five or six cars parked on the driveway overnight. Mr. Floros felt that development of this lot was favorable to the Village and concessions should be made to make the house more accessible. Mr. Stedz felt the homeowner should have attended the meeting to answer questions that the contractor was unable to answer, but he also agreed with Mr. Floros' assessment of the proposal. Merrill Cotten felt there was a definite hardship due to the 8' ditch at the base of the driveway. Ms. Juracek said it was necessary to prove a hardship for a Variation, but not for a Conditional Use. Mr. Donnelly and Mr. Sledz said they would like to put a condition that no cars could be parked overnight on the driveway beyond the front yard setback. Mike Jacobs, Deputy Director of Community Development, said that condition would then become an enforcement issue, necessitating nightly policing. Ms. Juracek said she would not be able to vote yes to the request with such a condition imposed, but would support imposing a restriction on parking on the circular portion of the driveway. Leo Floros moved to approve the request for a circular driveway for 1002 Meadow Lane, Case No. PZ-01-03. Merrill Cotten seconded the motion. Joseph Donnelly moved to amend the motion to prohibit overnight parking in the shaded area. Richard Rogers seconded the amended motion. Voting was conducted on the amended motion first. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Sledz and Juracek NAYS: Motion was approved 6-0. Voting then followed on the request for a Conditional Use for a circular driveway subject to prohibittng overnight parking on the circular portion of the driveway. UPON ROLL CALL: AYES: Cotten, Floros, Sledz and Juracek NAYS: Donnelly, Rogers Motion was approved 4-2. Ms. Juracek said this constituted a positive recommendation to the Village Board. Richard Rogers moved to approve the request for an 8' fence for 1002 Meadow Lane, Case No. PZ-01-03. Merrill Cotten seconded the motion. UPON ROLL CALL: AYES: Cotten lanning & Zoning Commission PZ-01-03 Arlene Juracek, Chairperson Page 4 NAYS: Donnelly, Floros, Rogers, Sledz and Juracek Motion was denied 5-1. Ms. Juracek said the request for a Variation for an 8' fence was final with P&Z. At 9:35 p.m., after hearing two more cases, Joe Donnelly made motion to adjourn, seconded by Merrill Cotten. The motion was approved by a voice vote and the meeting was adjourned. Barbara S~viatek, Planning Secretary Judy Connolly, Senior Planner }I:\GEN\PLANNING~Planning & Zoning COMMLP&Z 20O3~Minute*\?Z-01-03 1002 Meadow Lane doc