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Home My WebLink About07/25/2013 P&Z Minutes 12-13 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-12-13 Hearing Date: July 25, 2013 PROPERTY ADDRESS: 208 N. Owen Street PETITIONER : Jane Fojtik th PUBLICATION DATE: July 10, 2013 PIN NUMBER: 03-34-422-016-0000 REQUEST(S): Variation to Interior Side Yard Setback MEMBERS PRESENT: Joseph Donnelly, Chair Tom Fitzgerald William Beattie Jacqueline Hinaber Leo Floros Sharon Otteman MEMBERS ABSENT: Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES : Jane Fojtik Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Beattie made a motion, seconded by Commissioner Hinaber to approve the minutes of the June 27, 2013 Planning and Zoning Commission Meeting; the minutes were approved 6-0. After hearing two (2) previous cases, Chairman Donnelly introduced the Case PZ-12-13, 208 N. Owen Street and explained this case is Village Board final. Mr. Simmons explained the Petitioner is proposing an addition to the home in order to increase the livable space for the property. Mr. Simmons further explains the side yard setback is required for an existing garage which is on the property. Mr. Simmons stated the Petitioner is proposing to construct a one-story frame addition to the back portion of the single family structure which would attach to the detached garage, making it into one structure. As a result of attaching to the existing detached garage the zoning setback for a primary structure comes into “play” which is a five (5) foot required setback along the south property line. Mr. Simmons explained the existing garage setback of two-and-half (2.5) feet is considered a non- conforming setback; however, by attaching it to the primary structure the entire structure needs to conform to the underlying zoning requirements and provide a five (5) foot setback. Mr. Simmons stated the Petitioner is requesting the proposed addition to attach the garage because it provides a handicapped accessible route into the house; as one of the Petitioner’s is in a wheelchair. This will provide access into the primary structure without having to go up steps. Mr. Simmons showed illustrated plans of the proposed elevations for the Subject Property. He stated that the proposed addition would not be visible from the street, but will be from the other property lines. Mr. Simmons shared the following table which compares the Petitioner’s proposal to the RA Single Family Residence District’s bulk requirements. RA Single Family District Existing Proposed Minimum Requirements SETBACKS: Front30’ 31.3’ No Change Interior Side (N) 5’9.87’ No Change Interior Side (S) 5’ 13.09’ 2.55’ Rear 25’ 47.54’ No Change Accessory Structure 5’ 2.55’ N/A* LOT COVERAGE 50% Maximum 35% 38% Mr. Simmons explained connecting the detached garage to the primary structure will require a variation for the side yard setback for the structure along the south property line of two-and-half (2.5) feet. All other requirements for lot coverage and setbacks are code compliant. Mr. Simmons further explained the Variation Standards needed in order to support variations. Mr. Simmons stated the following Standards: A hardship due to the physical surroundings, shaper or topographical conditions of a specific property not generally applicable to other propertied 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; and Protection of the public welfare, other property, and neighborhood character. Mr. Simmons stated that Staff has reviewed previous requests for building additions or Variations to address handicap accessibility. Per legal counsel, the Village can consider Variations based off an ADA compliancy provided the Petitioner provides justification as to why the Variation is necessary and accessibility cannot reasonably be provided under the current code provisions. Mr. Simmons stated, in this case, Staff believes that other conditions could be met with the proposed project that would still provide handicap accessibility from the garage to the house that would not require attaching it to the primary structure and thereby eliminating the need for a Variation. Therefore, the Variation request is created solely by the Petitioner’s proposed use and expansion plan. Mr. Simmons explained that Staff recommends the Planning and Zoning Commission deny the motion to approve the Variation to permit a two (2) feet six and one-half (6.5) inch interior side yard setback. Mr. Simmons stated this case is Village Board final. Chairman Donnelly asked if the garage where to get damaged and need to be replaced, would the homeowners need to rebuild it five (5) feet off the property line. Mr. Simmons replied stating since the structure is currently non-conforming the garage would have to be rebuilt five (5) feet from the property line if it were to get damaged or destroyed. Commissioner Fitzgerald asked what would be the smallest change to the plan that would not require the Variance. Mr. Simmons stated according to the Building Codes there would need to be a three (3) foot separation between structures to prevent fire spreading from one structure to the next. If the structures had this separation between them it would be permitted and the existing non-conforming garage could remain in its present location. Commissioner Beattie asked the Staff what alternatives they would suggest to the Petitioner which didn’t involve the addition but would still provide handicap access to the house. Mr. Simmons stated that an accessible route from the two structures could be constructed that didn’t require steps or the need to connect the two structures. Chairman Donnelly asked the board if there were any more questions for the Staff; seeing none, he called the Petitioner to the stand. Chairman Donnelly swore in the Petitioner, Jane Fotjik 591 Hillcrest Court Hoffman Estates. Mrs. Fojtik explained that she purchased the house at 208 N. Owen Street because it is a one story home which is a necessary characteristic because her husband has Parkinson’s disease. Mrs. Fojtik explained how difficult it is to get her husband to and from the house to the garage, and that the addition would provide shelter from the elements and create a safer and more accessible route for both her and her husband. Chairman Donnelly asked the Petitioner if she understood that she could knock down the existing garage and rebuild it two (2) feet over and wouldn’t need to request the variance. Mrs. Fojtik said she was aware of that option but the price of the project would increase significantly and she hoped the proposed alternative would work since the garage already exists. Commissioner Beattie clarified that the ramp would still be located inside the home if the two (2) structures didn’t attach. He also stated that there would only be a three to four (3-4) foot uncovered section if they decided to use the Staff’s recommendation of not connecting the structures. Mrs. Fojtik stated she understood that option as well, but she is still concerned about having to maneuver outside during the winter months. Chairman Donnelly asked Staff if the variance is granted could the board limit it to the existing structure. Mr. Simmons stated that if the variation is supported Staff would recommend placing a condition that would limit the variance to the existing encroachment. The board informed the Petitioner about the conditions that could be set forth if the variance was granted. Chairman Donnelly asked the board if there were any further questions for the Petitioner; seeing none he asked if any other individuals would like to discuss the matter to please step forward. Chairman Donnelly swore in Celeste Magers, 206 N. Owen Street Mount Prospect, Illinois 60056. Mrs. Magers explained she had no issue with the proposed plans to build the addition; however, she stated she was concerned if the variation wasn’t limited to this certain project; she further explained that if it was limited to this project she had no objections. Commissioner Donnelly asked if there were any further comments before he closed the public section of the hearing. Hearing none he brought the discussion back to the board and requested a motion to approve a variation to permit two (2) feet six and one-half inch interior side yard setback only to the existing detached garage’s length of twenty-two (22) feet for the residence located at 208 North Owen Street. Commissioner Hinaber made a motion which was seconded by Commissioner Beattie to approve a variation to the interior side yard setback at 208 N. Owen Street. UPON ROLL CALL: AYES: Fitzgerald, Beattie, Hinaber, Floros, Otteman, Donnelly NAYS: None The motion was approved 6-0. This case is Village Board final. After hearing three (3) additional cases, Commissioner Beattie made a motion seconded by Commissioner Otteman to adjourn the meeting at 9:40 p.m. The motion was approved by a voice vote and the meeting was adjourned. ______________________________ Jenna Moder, Community Development Administrative Assistant