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HomeMy WebLinkAbout04/24/2003 P&Z minutes 11-03MIN~tlTES OF THE REGULAR MEETING OF TIlE PLANNING & ZONING COMMISSION CASE NO. PZ-11-03 Hearing Date: April 24, 2003 PETITIONER: Joe Millonzi PROPERTY ADDRESS: 1909 Bonita Ave. PARCEL#: 08-10-208-005-0000 PUBLICATION DATE: April 9, 2003 REQUEST: Variation to side yard setback regulations MEMBERS PRESENT: Arlene Juracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Keith Youngquist MEMBERS ABSENT: Matthew Sledz STAFF MEMBERS PRESENT: Judy Cormolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development INTERESTED PARTIES: Joe Millonzi Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the March 24 meeting, seconded by Merrill Cotten. The March meeting minutes were approved 5-0, with one abstention by Keith Youngquist. At 8:10, Ms. Juracek introduced Case No. PZ-11-03, a request for a Variation to allow an encroachment into the interior side yard setback. She said that the request would be P&Z Commission final. Judy Connolly, Senior Planner, presented the case, describing the subject property as being located on the east side of Bonita Avenue, between Hatlen Avenue and Lincoln Street, and contains a single-family residence with related improvements. She said that the subject property is zoned R1 Single Family Residence and is bordered on all sides by the R1 district. The subject property has an irregular, triangular, shape and currently has an attached one-car garage. She said that the petitioner is seeking a variation to allow an eight-foot side yard along the subject property's south lot line when the Zoning Ordinance requires a 9'10" setback. The petitioner would like to remodel the interior of the existing house and to add on to it. Due to the irregular shape of the property, part of the garage addition and a small section of the family room would encroach 1'10" into the required 9'10" side yard. Therefore, the petitioner is seeking a variation in order to construct a two-car garage and a family room. She said that the petitioner worked extensively with an architect to design an addition that would comply with zoning regulations. However, the shape of the lot and the wish to save an existing tree precluded them from arriving at a design that meets setback regulations. She said that the proposed addition was designed to match the existing building materials so the addition would appear as original constmction. Ms. Connolly said the existing home complies with zoning regulations. However, the addition requires relief from the R1 bulk regulations for the interior side yard setback. She said that the subject property would comply with all other zoning regulations and that the addition would be constructed according to Village Code. Ms. Connolly summarized the standards for a Variation listed in the Zoning Ordinance and said that the petitioner is proposing to renovate the existing home to create additional living space and accommodate a second ear. She said that Planning & Zoning Commission PZ-11-03 Arlene Juracek, Chairperson Page 2 the petitioner explored different options for the addition, but found that the irregular shape of the subject property prevents them from adding onto the existing garage and designing a family room that would flow with the existing floor plan of the house without doing extensive modifications to the house. Ms. Connolly said the Zoning Ordinance requires a 9'10" side yard. However if the Petitioner were to construct a detached garage, the Zoning Ordinance would require a 5-foot setback. She said that the difference in the setback regulations is based on aesthetics, drainage, and ensuring an adequate buffer between living space. In this case, based on the submitted floor plan it is reasonable to believe that the garage will remain as designed and not be converted into additional living space. Also, the manner in which the addition was designed will create the appearance of a unified structure and preserve the character of the house with minimal impact on the neighborhood. Ms. Connolly explained that the proposed request meets the Variation standards listed in the Zoning Ordinance due to the irregular shape of the subject property. Based on these findings, Staff recommends that the Planning & Zoning Commission approve a Variation and allow an eight-foot side yard setback along the south property line as shown on the Petitioner's site plan for the residence at 1909 Bonita Ave., Case No. PZ-11-03. The Planning & Zoning Commission's decision is final for this Ms. Juraeek clarified that just two small triangular shaped pieces of property would be involved in this request. She also noted a detached garage could be added and legal setbacks maintained. Joe and Pam Millonzi, 1909 W. Bonita, were sworn in and testified that the purpose of their request was to give them room for another car. Mr. Millonzi said that a detached garage would leave him without much back yard, due to the shape of the lot. Mr. Rogers asked if the neighbors to the south had any objections to this request and Mr. Millonzi said they did not. Mr. Floros asked if there were any water problems. Mr. Millonzi said there was a swale between the houses and that the grading would be included with the permit for the addition. Mr. Donnelley asked that a condition be imposed that the garage could never be converted into living space. Ms. Juracek closed the public hearing at 8:14 and said it would be necessary to vote on the amendment to the request. Joe Donnelly moved to include in the request the condition that the garage would always remain a garage. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, and Juracek NAYS: Cotten, Rogers and Youngquist Motion to include the condition was not approved 3-3. Richard Rogers moved to approve the request for a Variation to allow an 8-foot interior side yard setback for the property at 1909 Bonita Ave., Case No. PZ-11-03. Merrill Cotten seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist NAYS: Juracek Motion was approved 5-1. P&Z decision is final. lanning & Zoning Commission PZ-11-03 Arlene Juracek, Chairperson Page 3 At 9:12 p.m, Leo Floros made motion to adjourn, seconded by Joe Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary ~dy Conh611~,~Senior Planner H:[GI~NAPLANNINGXPlanning & Zoning COMM~&Z 2003~llnules~PZ-I 1-03 1909 Bonita Ave..do~