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Home My WebLink About10/24/2013 P&Z Minutes 16-13 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-16-13 Hearing Date: October 24, 2013 PROPERTY ADDRESS: 605 Windsor Drive PETITIONER : William M. Schultz PUBLICATION DATE: September 11, 2013 PIN NUMBER: 03-34-212-008-0000 REQUEST: Variation toOverall Lot Coverage MEMBERS PRESENT: Joseph Donnelly, Chair Keith Youngquist Jacqueline Hinaber Jeanne Kueter MEMBERS ABSENT: Sharon Otteman Thomas Fitzgerald William Beattie STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner INTERESTED PARTIES : William N. Schultz Chairman Donnelly called the meeting to order at 7:32 p.m. Commissioner Youngquist made a motion, seconded by Commissioner Hinaber to approve the minutes of the September 26, 2013 Planning and Zoning Commission Meeting; the minutes were approved 4-0. Chairman Donnelly introduced Case PZ-16-13, 605 Windsor Drive and stated the case was Planning and Zoning Commission Final. Ms. Andrade stated the Petitioner was seeking a Variation to allow a forty eight (48) percent lot coverage ratio for the property located at 605 Windsor Drive. The Subject Property is located on the east side of Windsor Drive and contains a single-family residence with related improvements and is zoned R1. Ms. Andrade stated the Petitioner’s plat of survey indicates the overall lot coverage is fifty-three (53) percent of the overall lot area when the maximum permitted is forty five (45) percent. Additionally, Ms. Andrade explained the detached garage encroaches into the required side yard at the southeast corner of the Subject Property. The garage is setback four and nine tenths (4.9’) feet when a minimum of five feet (5’) is required. Ms. Andrade stated the detached garage is an existing legal nonconformity and is allowed to remain. Ms. Andrade stated that the Petitioner applied for a building permit to construct a wood deck in the rear yard; however, the permit was denied as the Subject Property currently exceeds the maximum permitted lot coverage. Joseph Donnelly, Chair PZ-16-13 Planning & Zoning Commission Meeting October 24, 2013 Page 1 of 3 Ms. Andrade stated the Petitioner revised the proposal to consist of adding steps instead of the wood deck. The steps would lead across two sliding doors located on the rear building elevation, Ms. Andrade further explained that the steps would measure thirty two and three tenths (32.3) square feet in area and that the Petitioner plans to remove some of the existing concrete areas in order to reduce the overall lot coverage. Ms. Andrade stated the Petitioner’s site plan indicates the lot coverage would be reduced down to forty- eight (48) percent. Ms. Andrade showed the following table which compares the Petitioner’s proposal to the R1 Single Family Residence District’s bulk requirements. R1 Single Family District Existing Proposed Requirements Setbacks: Front (west) Min. 30’ 31.80’ No Change Interior Side (south) Min. 6.8’ 12.87’ No Change Interior Side (north) Min. 6.8’ 9.94’ No Change Rear (east) Min. 25’ 40.98’ No Change 45% Max. 53% 48% Lot Coverage (3,978 sq.ft.) (4,660.21 sq.ft.) (4,209.26 sq.ft.) Ms. Andrade explained the standards for a Variation are listed in Section 14.203 of the Village Zoning Code and summarized them as follows: 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. Ms. Andrade stated the Petitioner indicated the proposed steps are necessary in order to provide safe egress from the family room at the rear of the home. Ms. Andrade explained that the sliding glass doors originally led out to a wood deck which was removed earlier this year due to disrepair. The sliding doors are thirteen and one half (13.5) inches from the ground, which requires a minimum of two steps. Ms. Andrade stated, thatwhile Staff understandood the desire to provide egress from the family room’s sliding glass doors, it did not constitute a physical hardship unique to this property. Even though the petitioner proposes to remove some of the existing lot coverage a Variation is still needed; therefore, Staff recommends that the Planning and Zoning Commission denies the following motion: "To approve a Variation to increase the permitted overall lot coverage from forty five (45) to forty eight (48) percent, as shown in the attached site plan date stamped August 19, 2013 for the residence at 605 Windsor Drive.” Ms. Andrade stated the Planning & Zoning Commission’s decision is final for this case. Chairman Donnelly asked if the board had any questions for Staff. Commissioner Youngquist asked if the Petitioner could repair an existing deck. Joseph Donnelly, Chair PZ-16-13 Planning & Zoning Commission Meeting October 24, 2013 Page 2 of 3 Ms. Andrade stated the Petitioner could repair the deck as long as it is no more than fifty percent (50%) of the replacement value of the structure. Chairman Donnelly asked if the Petitioner could install a railing so they can open the doors but not step down as safety precaution. Ms. Andrade responded the Petitioner does have that option. Chairman Donnelly asked if the board had any further questions for Staff, hearing none he called the Petitioner to the stand. Chairman Donnelly swore in Bill Schultz 605 Windsor Drive Mount Prospect, Illinois. Mr. Schultz explained that he has lived in the Village for thirty-five (35) years and off of an addition to the house was deck that was in disrepair. He stated that he tore the deck out and came to the Village for a permit to rebuild a cedar deck. Mr. Schultz stated the Village explained the lot coverage issue on the property and he wasn’t able to get a permit for the deck unless he requested the variance. Mr. Schultz explained the concrete was added about thirty (30) years ago and there has never been a problem with the water drainage since. He stated that he is getting ready to put the house up for sale. Chairman Donnelly asked the Petitioner if he would consider place a railing over the opening. Mr. Schultz stated he was hoping to put in the two steps which would make it a usable doorway in and out of the backyard. Chairman Donnelly asked if it would be the only access to the backyard. Mr. Schultz explained there is a back door that faces south but the back of the house faces east. Mr. Schultz explained that the concrete is about three-quarters of the way torn out which will help decrease the lot coverage. Commissioner Youngquist asked the Petitioner if he placed the concrete around the garage. Mr. Schultz stated he did about thirty (30) years ago when they did the addition to the home. Chairman Donnelly asked the board if they had any further questions or comments. Hearing none, he asked for a motion: "To approve a Variation to increase the permitted overall lot coverage from forty five (45) to forty eight (48) percent, as shown in the site plan date stamped August 19, 2013 for the residence at 605 Windsor Drive.” Commissioner Kueter made a motion seconded by Commissioner Youngquist. Upon Roll Call: AYES: Youngquist, Hinaber, Kueter, Donnelly NAYS: None The motion was approved 4-0. The case is planning and zoning commission final. After hearing one (1) additional case, Commissioner Youngquist made a motion, seconded by Commissioner Hinaber and the meeting was adjourned at 7:53 pm. ____________________________ Jenna Moder, Administrative Assistant Joseph Donnelly, Chair PZ-16-13 Planning & Zoning Commission Meeting October 24, 2013 Page 3 of 3