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HomeMy WebLinkAbout03/27/2014 P&Z Minutes 04-14MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -04 -14 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: March 27, 2014 122 S. Wille Street Jingu Kim March 12, 2014 08 -12 -113- 020 -0000 Conditional Use approval to allow dwelling unit on the ground floor Joseph Donnelly, Chair Tom Fitzgerald William Beattie Keith Youngquist Jacqueline Hinaber Jeanne Kueter Sharon Otteman Consuelo Andrade, Senior Planner Jingu Kim Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Hinaber made a motion, seconded by Commissioner Beattie to approve the minutes of the January 23, 2014 Planning and Zoning Commission Meeting; the minutes were approved 5 -0 with one Commissioner abstaining. After hearing one additional case, Chairman Donnelly introduced Case PZ- 04 -14, 122 S. Wille Street and stated the case was Village Board final. Ms. Andrade stated the Petitioner for PZ -04 -14 is seeking Conditional Use approval to allow a dwelling unit on the ground floor for the property located at 122 S. Wille Street. Ms. Andrade stated the Subject Property is located at the northwest corner of the intersection of Evergreen Avenue and Wille Street, and currently contains a single- family residence. She further explained the Subject Property is zoned B5 Central Commercial and is bordered by the RA Single Family District to the west and south, and the B5 Central Commercial to the north and east. Ms. Andrade explained that the existing single - family home measures approximately 1,400 square feet in area and consists of two bedrooms. She explained that the home dates back to the 1940s when the property was zoned single - family residential. The Subject Property was then rezoned to B5 Central Commercial in the 1990s. Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 Ms. Andrade stated the existing single - family residential land use was considered nonconforming because of the current zoning. Dwelling units located above the first floor are pennitted. However, dwelling units located on the ground floor require Conditional Use approval. The Village Code does not permit a nonconforming use to be extended, expanded, enlarged or increased in intensity in any building or structure. Therefore, Conditional Use approval for a dwelling unit located on the ground floor was required in order to allow the two -story building addition. Ms. Andrade stated that the Petitioner would like to enlarge the home by construction a two -story building addition in the rear which would consist of a great room, kitchen, study room, dining room, and living room. The second floor of the addition would consist of a loft area and four bedrooms, including the master. Ms. Andrade stated that the elevation plans indicated the building materials for the addition would be consistent with the existing home. She further explained that the addition would be constructed out of brick and would include a shingled roof. Each elevation would include several windows including a sliding glass door that would lead to a concrete stoop. Ms. Andrade stated that the front entrance would be located on Evergreen Avenue and would also lead to a new concrete stoop. Ms. Andrade showed the table below comparing the Petitioner's proposal to the B5 District requirements. Ms. Andrade stated that since there are no existing buildings on Wille Street and the Subject Property is zoned B5, there are no front or side yard setback requirements applicable to the Subject Property. Ms. Andrade further explained that there is a transitional rear yard setback requirement because the Subject Property abuts single - family residential to the west. The Village Code requires a rear yard setback equal to the height of the building, which the proposed building addition would comply. She stated the B5 District does not have a lot coverage limitation. Ms. Andrade explained the standards for Conditional Uses are listed in Section 14.203.17.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional use which consists of The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 B5 Requirements Existing Proposed Setbacks: Front (E) N/A 31' No Change Exterior Side (S) N/A 15' 15' Interior Side (N) N/A No setback No setback Rear (W) 23' Min. (transitional setback) 100' 66' Height 35' Max. 21' 23' Lot Coverage N/A 27% 42% Density 16 DU /acre 5.549 DU /acre No change Ms. Andrade stated that since there are no existing buildings on Wille Street and the Subject Property is zoned B5, there are no front or side yard setback requirements applicable to the Subject Property. Ms. Andrade further explained that there is a transitional rear yard setback requirement because the Subject Property abuts single - family residential to the west. The Village Code requires a rear yard setback equal to the height of the building, which the proposed building addition would comply. She stated the B5 District does not have a lot coverage limitation. Ms. Andrade explained the standards for Conditional Uses are listed in Section 14.203.17.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional use which consists of The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Andrade stated the Petitioner indicated the existing home is the smallest house in the neighborhood and does not accommodate a family of five (5). The building addition would provide the extra living space needed for the family. Ms. Andrade stated that Staff was supportive of the Conditional Use to allow a dwelling unit on the ground floor as the existing land use is not changing. The existing land use would remain as a single - family residential. She further explained that the proposed improvements would not affect the character of the neighborhood and would be consistent with the single - family homes located to the west of the Subject Property. Ms. Andrade stated that granting a Conditional Use to allow dwelling units on the ground floor has the potential to permit high density multi - family residential in the future, because of this, staff recommended limiting the Conditional Use to a single - family residence /structure only. Ms. Andrade stated that Staff found the Conditional Use request met the standards and that granting the request would be in the best interest of the Village. Based on the findings, Staff recommended that the Planning and Zoning Commission recommend approval of the following motion: A. Conditional Use to allow a dwelling unit located on the ground floor at the property located at 122 S. Wille Street, subject to the following conditions of approval: 1) Use of the property as a single - family residence /structure only. 2) Development of the site in general conformance with the site plan prepared by Shawn Purnell, dated February 22, 2014, but revised to illustrate all of the existing and proposed improvements; and 3) Development of the space in general conformance with the floor and elevations plans prepared by Shawn Purnell, dated February 22, 2014." Ms. Andrade stated that the Village Board's decision is final for this case. Commissioner Youngquist asked Staff why the Petitioner did not rezone the property to residential. Ms. Andrade stated that if the Subject Property were zoned residential there would be additional non - conformities. Commissioner Youngquist asked what the setbacks would be if a garage were to be constructed where the existing parking pad currently is now. Ms. Andrade stated that a garage would be subject to the accessory structure setback regulations and have a lot coverage limitation. Chairman Donnelly stated that the Petitioner didn't rezone the property; the Village had rezoned the property to B5. Chainnan Donnelly swore in the Petitioner Jingu Kim 122 S. Wille Street. Mr. Kim stated that he has been a resident of Mount Prospect since 2007. He stated that the house was built in the 1940's and is showing signs of deterioration, which is why he wants to make the improvements. Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 Chairman Donnelly asked the Petitioner if he understood that the condition included the fact the property will stay a single - family home even though it is zoned for business. Mr. Kim stated that he understood the conditions. Commissioner Donnelly asked the Petitioner if he plans to put a garage on the property. Mr. Kim stated that he has already added a parking pad on the property when he first purchased the home and that he doesn't have any plans to build a garage in the near future. Chairman Donnelly asked if there was anyone else in the audience that was present to discuss the case. Hearing none he closed the discussion part of the hearing and brought it back to the board. Hearing no further discussion from the board; Commissioner Beattie made a motion seconded by Commissioner Fitzgerald to "Approve ": A. Conditional Use to allow a dwelling unit located on the ground floor at the property located at 122 S. Wille Street, subject to the following conditions of approval: 1) Use of the property as a single - family residence /structure only. 2) Development of the site in general conformance with the site plan prepared by Shawn Purnell, dated February 22, 2014, but revised to illustrate all of the existing and proposed improvements; and 3) Development of the space in general conformance with the floor and elevations plans prepared by Shawn Purnell, dated February 22, 2014." UPON ROLL CALL AYES: Fitzgerald, Beattie, Youngquist, Hinaber, Kueter, Donnelly NAYS: None Chairman Donnelly stated that the Petitioner has a positive recommendation to the Village Board whose decision is final for the case. After hearing one (1) additional case Commissioner Beattie made a motion seconded by Commissioner Keueter and the meeting was adjourned at 9:50 pm. Jenna Moder Administrative Assistant Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014