HomeMy WebLinkAbout09/26/2013 P&Z Minutes 17-13
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-17-13
Hearing Date: September 26, 2013
PROPERTY ADDRESS:
21 S. Edward Street
PETITIONER
: Sam Shin and Amy Shin
PUBLICATION DATE:
September 11, 2013
PIN NUMBER:
08-12-204-011-0000
REQUEST:
Variation (Floor Area Ratio)
MEMBERS PRESENT:
Joseph Donnelly, Chair
Sharon Otteman
Tom Fitzgerald
William Beattie
Keith Youngquist
Jacqueline Hinaber
Jeanne Kueter
MEMBERS ABSENT:
None
STAFF MEMBERS PRESENT:
Brian Simmons, Deputy Director of Community Development
Consuelo Andrade, Senior Planner
INTERESTED PARTIES
: Sam and Amy Shin, Jeff Eichhorn with DeBaker Design
Group
Chairman Donnelly called the meeting to order at 7:34 p.m. Commissioner Hinaber made a motion,
seconded by Commissioner Youngquist to approve the minutes of the August 22, 2013 Planning and
Zoning Commission Meeting; the minutes were approved 7-0. After hearing two (2) additional cases and
continuing a case Chairman Donnelly introduced Case PZ-17-13, 21 S. Edward Street and stated the case
was Planning and Zoning Commission final.
Ms. Andrade stated the Petitioner is seeking a variation to allow a .58 floor area ratio for the property
located at 21 S. Edward Street. She further explained that the Subject Property is located on the Northeast
corner of the Edward Street and Busse Avenue intersection and contained a single-family residence with
related improvements.
Ms. Andrade stated the Subject Property is zoned RA Single Family Residence and is bordered on all
sides by the RA district. She explained the plat of survey indicated the principal structure does not comply
with the required setbacks.
Ms. Andrade stated the principal structure is setback twenty nine and six tenths (29.6) feet from the front
property line when the Village Code requires a minimum of thirty (30) feet. Also, the house is setback ten
and six tenths (10.6) feet from the south property line when the Village Code requires a minimum of
twenty (20) feet.
Ms. Andrade stated the detached garage also does not comply with the required exterior side yard setback.
The garage is setback nineteen and nine tenths (19.9) feet when Village Code requires a minimum of
twenty (20) feet. Ms. Andrade further explained that the Subject Property currently exceeds the maximum
floor area ratio allowed. She stated the existing floor area ratio is .52 when maximum permitted is .5.
Ms. Andrade explained the existing home consists of a basement, first floor, and attic space. She said the
attic space includes two dormers, one on the west end and the other on the east end of the house. The
homeowners would like to add additional dormers to the attic space in order to construct two bedrooms
and bathrooms in the future.
After showing a slide of the proposed elevations, Ms. Andrade stated the overall height of the structure
would not increase with the proposed dormers. The new dormers would be located on the north and south
ends of the house.
Ms. Andrade explained that the existing basement counts towards the gross floor area as the basement
ceiling is three (3) feet above average grade. The new attic space would also count towards the gross floor
area because the ceiling height would measure eight (8) feet.
Ms. Andrade showed the following table which compares the Petitioner’s proposal to the RA Single
Family District bulk requirements.
RA Single Family
District Existing Proposed
Requirements
Setbacks:
Front (west)
Min. 30’ 29.6’ No Change
Exterior Side (south)
Min. 20’ 10.62’ No Change
Interior Side (north)
Min. 4.7’ 7.7’ No Change
Rear (east) Min. 25’ 71.85’ No Change
Max. .5 .52
.58
F.A.R
(3,764.80 sq.ft) (3,929 sq.ft) (4,336 sq.ft.)
Max. 50% 35.6%
Lot Coverage
No Change
(3,764.80 sq.ft.) (2,680.25 sq.ft.)
Ms. Andrade stated the addition of the dormers would increase the F.A.R. from .52 to .58 which requires
a variation. There will be no changes to the existing building setbacks or the overall lot coverage.
Ms. Andrade stated the standards for a Variation are listed in Section 14.203 of the Village Zoning
Ordinance and includes seven specific findings that must be made in order to approve a Variation. She
provided a summary of these findings as:
A hardship due to the physical surroundings, shape, or 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; and
Protection of the public welfare, other property, and neighborhood character.
Joseph Donnelly, Chair PZ-17-13
Planning and Zoning Commission Meeting September 26, 2013 2
Ms. Andrade stated, per the petitioner, the principal structure was constructed in 1926, when basements
partially built above grade and with a low ceiling height were not uncommon. She further explained that
basements constructed in this matter resulted in lower costs and allowed natural light to be brought into
basements.
Ms. Andrade stated the petitioner claimed in their application that the basement is not considered
habitable space because of the overall height of the ceiling which is six (6) feet eleven (11) inches as
measured from the existing slab.
Ms. Andrade stated the 2012 International Building Code requires a minimum of seven (7) feet for
basements to be considered habitable. Per the petitioner, the primary purpose of the Variation request is to
maintain the viability of the existing home as a single family residence.
Ms. Andrade stated that the fact the building did not comply with current building code requirements does
not constitute a physical hardship unique to this property. The Village Code requires the basement to be
included in the floor area ratio calculation because of the height above the adjoining finished grade. The
basement ceiling height currently measures four (4) feet and one (1) inch above the adjoining grade.
Ms. Andrade explained Staff does not feel the request meets the standards for Variation and recommends
that the Planning and Zoning deny the following motion:
"To approve a Variation to increase the permitted F.A.R from .5 (3,764.8 sq.ft.) to .58 (4,336 sq.ft.), as
shown in the attached plans dated August 29, 2013 for the residence at 21 S. Edward Street.”
She stated the case was Planning and Zoning Commission final.
Chairman Donnelly asked if there were any questions for Staff.
Commissioner Youngquist asked if a brand new house were to be built with a finished basement that
included bedrooms would be included in floor area ratio.
Ms. Andrade explained that it would depend on the height of the ceiling that projects above the adjoining
grade level.
Commissioner Youngquist asked if the basement was completely underground would it count in the floor
area ratio.
Ms. Andrade stated in that case it would not count towards the floor area ratio.
Commissioner Youngquist stated he thinks this is an unfortunate situation for the Petitioner because the
basement is unusable space that is being included in the floor area ratio because it is above grade; when
other homes in the Village have much larger basements that are below grade which are not included in the
floor area ratio.
Mr. Simmons stated that the F.A.R requirement is in place to control the bulk of development on the
property.
Chairman Donnelly swore in Jeff Eichhorn 4333 S. Vincennes Chicago, Illinois 60653.
Mr. Eichhorn stated he is the architect with DeBaker Design Group. He explained while the home is
above the maximum floor area, the volume of the house that is above grade is actually smaller then what
would be allowed if it was a new house.
Mr. Eichhorn stated if the basement wasn’t so high above grade he would have about twelve hundred
(1,200) square feet available area to build in addition to the house.
Mr. Eichhorn explained the Petitioner has an opportunity to preserve some of the existing character of the
house without doing something that is going to be obtrusive. He stated the dormers are sensitive to the
scale of the area.
Joseph Donnelly, Chair PZ-17-13
Planning and Zoning Commission Meeting September 26, 2013 3
Mr. Eichhorn stated the project is a better fit for the area and will help preserve the home from a future
tear down project.
Chairman Donnelly stated he is happy the roof line is well below the maximum allowed which will help
keep the house at a lower profile.
Mr. Eichhorn stated the intent of the project is to keep the bungalow feel with the dormers especially
since the Subject Property is on a corner lot.
Chairman Donnelly asked if there were any further questions for the Petitioner; hearing none he closed
the case and brought discussion back to the Commission. Commissioner Youngquist made a motion
seconded by Commissioner Fitzgerald to grant a Variation to increase the permitted F.A.R from .5
(3,764.8 sq.ft.) to .58 (4,336 sq.ft.), as shown in the plans dated August 29, 2013 for the residence at 21
S. Edward Street.
UPON ROLL CALL: AYES: Otteman, Fitzgerald, Beattie, Youngquist, Hinaber, Kueter, Donnelly
NAYS: NO
The case was approved 7-0 and was noted Planning and Zoning Commission final.
After hearing 2 additional cases, a motion was made by Commissioner Beattie, seconded by
Commissioner Otteman and the meeting was adjourned at 9:01 pm.
_______________________________________
Jenna Moder, Administrative Assistant
Community Development
Joseph Donnelly, Chair PZ-17-13
Planning and Zoning Commission Meeting September 26, 2013 4