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Home My WebLink About06/27/2013 P&Z Minutes 07-13 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-07-13 Hearing Date: June 27, 2013 PROPERTY ADDRESS: 2008 East Hopi Lane PETITIONER : Timothy Malz PUBLICATION DATE: June 7, 2013 PIN NUMBER: 03-25-406-033-0000 REQUEST(S): Variation to place an accessory structure (shed) within a dedicated easement. MEMBERS PRESENT: Joseph Donnelly, Chair Tom Fitzgerald William Beattie Jacqueline Hinaber Keith Youngquist Leo Floros Sharon Otteman MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES : Timothy Malz Chairman Donnelly called the meeting to order at 7:32 p.m. Mr. Floros made a motion, seconded by Mr. Youngquist to approve the minutes of the January 24, 2013 Planning and Zoning Commission Meeting; the minutes were approved 5-0 with Commissioner Fitzgerald and Commissioner Beattie abstaining. Ms. Hinaber made a motion, seconded by Mr. Youngquist to approve the minutes of the May 23, 2013 Planning and Zoning Commission Meeting; the minutes were approved 6-0 with Commissioner Beattie abstaining. Chairman Donnelly introduced Case PZ-07-13, 2008 East Hopi Lane at 7:35 p.m. and explained this case is Village Board final. Ms. Andrade stated that the Petitioner was seeking a variation to place an accessory structure within a dedicated easement at the property at 2008 East Hopi Lane. Ms. Andrade further explained that the Subject Property is located on the north side of Hopi Lane and contains a single-family residence with related improvements. Ms. Andrade stated the Subject Property contained a ten (10) foot wide public utilities and drainage easement located along the rear property line. Ms. Andrade explained the Petitioner wants to install a ninety-six (96) square foot shed in the rear yard. She said the shed would be setback five (5) feet from the side and rear property line, which would be placed in the ten (10) foot wide drainage and utility easement. Joseph Donnelly, Chair PZ-07-13 Planning and Zoning Commission Meeting June 27, 2013 1 Ms. Andrade stated the Zoning Ordinance prohibits accessory structures from being placed on dedicated easements; therefore, the Petitioner was asking for a Variation to allow the shed in the ten (10) foot easement. She also stated that the shed would measure twelve (12) feet wide by eight (8) feet long and would consist of a pitched roof. Ms. Andrade showed the table of R1 Bulk Requirements below and pointed out that the overall lot coverage would increase from 42.5% to 43.5%. She stated this increase would still be below the forty-five (45) percent maximum lot coverage requirement. Code Requirements Existing Proposed SETBACKS: Front 30’ 32’ No Change Interior (W) ±8’ (10% lot width) 9’ (principal structure) No Change .26’ (wood deck) ±4’ (patio) Interior (E) ±8’ (10% lot width) 8.3’ (principal structure) No Change 59’ (wood deck) 32’ (patio) Rear 25’ (principal structure) 52’ (principal structure) No Change 73’ (deck) 32’ (patio) FAR.5 Maximum .19 No Change LOT COVERAGE 45% Maximum 42.5% 43.5% Ms. Andrade stated the Variation Standards are listed in section 14.203 of Village Zoning Ordinance and include seven (7) specific findings in order to approve a Variation. The summary of these findings include: A hardship due to the physical surroundings, shape, pr topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property. Lack of desire to increase financial gain Protection of the public welfare, other property and neighborhood character. Ms. Andrade explained that staff reviewed the request and found that it meets the Variation Standards. She stated that the Subject Property is unique because it consists of a full ten (10) foot easement on the property versus the standard which usually measures five (5) feet wide along the rear property line. Ms. Andrade stated with the exception of the properties immediately to the west and east of the Subject Property the remainder of the homes on the same block only consist of a five (5) foot wide easement. She also stated that the shed in the easement will not be detrimental to other properties and it will not alter the neighborhood character. In addition, Ms. Andrade explained, all applicable utility companies with rights to the easement found the placement of the shed within the easement acceptable. Joseph Donnelly, Chair PZ-07-13 Planning and Zoning Commission Meeting June 27, 2013 2 Ms. Andrade stated that Public Works reviewed the request and that the easement exists, in part, to provide access to maintain a twelve (12) inch storm sewer drain located along the back property line. She also stated if the shed is placed within the easement, it must be understood that if the shed hinders maintenance operations in any way, it will be the property owner’s responsibility to temporarily remove/relocate the shed. Ms. Andrade stated Staff recommended the Planning and Zoning Commission adopt the Staff’s findings in the staff report and recommended approval of the following motion: “To approve a Variation request to allow the placement of an accessory structure (shed) within a dedicated easement for the residence located at 2008 Hopi Lane.” Ms. Andrade stated this case was Village Board Final. Chairman Donnelly asked the Commission if they had any questions for staff. Mr. Youngquist asked staff to explain how the Petitioner’s future plans of putting in a swimming pool will influence the lot coverage since there seems to be not enough square footage left over after the current project is finished. Ms. Andrade stated Staff will require an updated plat of survey to review the exiting lot coverage and ensure the pool would be allowed. Chairman Donnelly asked if there were any more questions, seeing none he called the Petitioner to the stand. Chairman Rogers swore in the Petitioner, Timothy Malz, 2008 East Hopi Lane, Mount Prospect, Illinois. Mr. Malz explained where he would the shed and why he wants to put it there. The panel asked Mr. Malz if he was sure he would be ok with having to tear down the shed if a utility company ever has to work back in the easement. Mr. Malz stated he understands the possibility and will comply if a utility company needs to work in the easement. Mr. Malz further explained that where he wants to place the shed is five (5) feet from the storm sewer opening and that it shouldn’t create a problem. Chairman Donnelly asked the board if they had additional questions for the Petitioner; hearing none he closed the public portion of the meeting and brought the discussion back to the board. Mr. Floros made a motion, seconded by Mr. Youngquist to approve: A variation to place an accessory structure within a dedicated easement at the residence of 2008 East Hopi Lane. UPON ROLL CALL: AYES: Otteman, Fitzgerald, Beattie, Youngquist, Hinaber, Floros, Donnelly NAYS: None The motion was approved 7-0. This case is Village Board final. Mr. Malz asked if he will then be able to get the building permit to put in the shed once Village Board approved the variation. There was general discussion about the Village Board approval process. Joseph Donnelly, Chair PZ-07-13 Planning and Zoning Commission Meeting June 27, 2013 3 Chairman Donnelly asked if there were any other cases to be heard. After hearing none, Mr. Beattie made a motion, seconded by Mr. Youngquist to adjourn at 7:45 p.m. The motion was approved by a voice vote and the meeting was adjourned. __________________________________________ Jenna Moder, Community Development Administrative Assistant Joseph Donnelly, Chair PZ-07-13 Planning and Zoning Commission Meeting June 27, 2013 4