Loading...
06/11/2013Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 1 DES PLAINES ILLINOIS DES PLAINES ZONING BOARD MEETING JUNE 11, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, June 11, 2013 at 7:30 PMI., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Porada, Hofherr, Schell ABSENT: Catalano. Saletnik Also present was Scott 1\Jarrgum, Senior Planner with the Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:32 P.M. Roll call was conducted. Chairman Seegers stated that Case #13-024-V would be continued to a date uncertain at the request of the petitioner. A motion was made by Board Member Hofherr seconded by Board Member Szabo to approve the minutes of the May 28, 2013 Zoning Board of Appeals. AYES: Hofherr, Szabo, Catalano, Porada, Seegers, Schell NAPES: None MOTION CARRIED* Chairman Seegers read the summary of the cases up for hearing. NEW BUSINESS Address: 364 Geri Lane Case Number: 13-021-V Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 2 The petitioner is requesting a variation to Section 7.2-4-D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize construction of a two story single family residence with a rear yard setback of approximately 11.73 -feet, where the minimum rear yard setback allowed is approximately 20.6 -feet (20% of lot depth) within the R-1 zoning district. PIN: 09-16-202-110-0000 Petitioner: Hussain Biyawerwala, 4215 Church Street, Skokie, IL 60076 Owner(s): Hussain Biyawerwala, 4215 Church Street, Skokie, IL 60076 Chairman Seegers swore in the petitioner, Jim Valent. Mr. Jim Valent, architect for the petitioner was sworn in. Mr. Valent stated that the shape of the lot made it difficult to fit a house on the lot. He noted that the rear of the lot was adjacent to I-294 without any neighbors to the rear and that the house was designed to be harmonious with the neighborhood. He noted that the house to the south had a 15 - foot setback. Chairman Seegers inquired about whether the house was perpendicular to the street. Mr. Valent stated that as designed there was a clean arc to the neighbors, that the house would provide tax revenue to the City. Chairman Seegers asked whether he had considered twisting the house. Mr. Valent indicated that it had been considered, but it would be difficult to implement and would compromise the architecture of the house. Board member Porada corrected earlier comments that the lot was created prior to the 1998 Zoning Ordinance. Mr.Valent stated that the misrepresentation was not intentional. Mr. Mangum clarified that Zoning Ordinance was adopted in 1998 and the Subdivision was approved in 2002. Board Member Porada stated that there was a difference between a lot created in 1912 and a lot created in 2002 and that the subdivider was aware of the Ordinance and regulations. Mr. Valent stated that it was a difficult without much buildable area and abuts the Tri-State Expressway. Board member Hofherr asked whether the lack of back yard would affect the ability to sell the house. Mr. Valent stated that it would not as there was still a rear drainage easement and that the quality architecture and materials would add value to the property. Board member Hofherr noted that the height of the bedrooms would be above that of the sound wall. Mr. Valent stated that the windows would reduce the noise. Board member Hofherr inquired about a smaller house. Mr. Valent stated that the footprint was more of the issue that the overall size and that the aesthetic was designed to match the rest of the cul de sac. Chairman Seegers asked about the exterior materials. Mr. Valent stated that the house would be attractive and consist of masonry with limestone sills, gables and symmetry. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a variation to Section 7.2-4-D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize construction of a two story single family residence with a rear yard setback of approximately Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 3 11.73 -feet, where the minimum rear yard setback allowed is approximately 20.6 -feet (20% of lot depth) within the R-1 zoning district. Analysis: Address: 364 Geri Lane PIN: 09-16-202-110-0000 Existing Zoning: R-1, Single Family Residential District Petitioner: Hussain Biyawerwala, 4215 Church Street, Skokie, IL 60076 Owner(s): Hussain Biyawerwala, 4215 Church Street, Skokie, IL 60076 In reviewing this variation request, staff has considered the following information: The approximately 9,780 square foot pie -shaped lot at 364 Geri Lane is conforming with regards to lot width and lot size in the R-1 District. The irregular shaped lot with a frontage of 62.13' was created in 2002 through a 26 -lot subdivision by M.K. Builders. The average lot depth is approximately 103 -feet. The minimum required rear -yard setback is 20% of the lot depth, 20.6 -feet. A two-story, 6 bedroom, 5 bathroom house with attached two car garage is proposed. The 2,795 square foot footprint would cover approximately 29 percent of the lot. A standard variation is requested for a rear yard setback of approximately 11.73 feet. In 2009 a minor variance request for a new 3,340 square foot two-story house with an attached two -car garage was proposed with a rear -yard setback of 15', instead of the 20.6' required by code. That request was denied by the Zoning Administrator on the basis that the physical condition of the lot was created after adoption of the 1998 Zoning Ordinance. Per Section 3.6-6 of the Zoning Ordinance, a setback variation of greater than 30% may be considered as a standard variation. Recommendation: Staff recommends denial of the above -requested rear -yard setback variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. Staff is recommending denial because the hardship, or physical condition of the property, was created after the adoption of the 1998 Zoning Ordinance through the subdivision in 2002. Staff believes that an adequate single-family dwelling can be built on the lot while still complying with the setback regulations of the zoning ordinance if creatively designed and angled to fit the lot. Zoning Board of Appeals Procedure Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned variances for lot coverage and side setback for an addition to a single-family residence in the R-1 zoning district. Chairman Seegers asks if any of the board members or anyone from the audience had questions. Mr. Hussain Biyawerwala stated that he had worked with the architect of the building design. He wants to build his dream house with enough space for his parents and planned children. A motion was made by Board Member Porada seconded by Board Member Hofherr to disapprove the request for a rear yard setback variation. Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 4 Board member Szabo stated that while he understood the petitioner's plight, he believed too much was proposed on the lot. Mr. Valent asked if they were to reduce square footage, could the variation be approved. Board Member Porada noted that there was a motion and second and requested a vote. AYES: Porada, Hofherr, Seegers, Schell, Szabo NAYES: None * * *MOTION CARRIID * * * * Chairman Seegers read the next case on the agenda. Address: 675 Dursey Lane Case Number: 13 -027 -CU The petitioner is requesting a modification to a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the construction of an accessory building at an existing Place of Worship in the R-1 District. PIN: 03-36-109-012-0000 Petitioner: St. Paul Chong Hasang Korean Catholic Mission, 675 Dursey Lane, Des Plaines, IL 60016 Owner(s): Catholic Bishop of Chicago, 835 N Rush Street, Chicago, IL 60611 Chairman Seegers swore in Christopher Jang, representative for the petitioner. Christopher Jang was sworn in and explained the request to construct an accessory building for storage of church equipment and supplies. Board member Porada clarified the correct case number. He noted that although he had previously represented the Catholic Church it would not affect his decision. Mr. Jang confirmed that the request was for a 684 square foot storage building that was 19 -feet by 36 -feet and 14 - feet high. The masonry would match that of the church building and it would be located to the south of the church. Chairman Seegers asked if the building would be accessed by a driveway. Mr. Jang confirmed that the storage building would be accessed by an existing driveway and noted that the building would have electricity. Chairman Seegers asked Mr. Mangum to summarize the staff report. Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 5 Issue: The petitioner is requesting a modification to a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the construction of an accessory building at an existing Place of Worship in the R-1 District. Analysis: Proposed Use Accessory Structure for Place of Worship Petitioner 60016 St. Paul Chong Hasang Korean Catholic Mission, 675 Dursey Lane, Des Plaines, IL Owner Catholic Bishop of Chicago, 835 N Rush Street, Chicago, IL 60611 PIN: 03-36-109-012-0000 Plan of OperationThe 684 square -foot one-story accessory storage shed would be used by a maintenance worker as well as church volunteers primarily between the hours of 9:00 a.m. and 5:00 p.m. Existing Use Place of Worship Surrounding Land Use North: Single Family Residential East: Single Family Residential South: Single Family Residential West: Commercial (Mount Prospect) Existing Zoning R-1, Single Family Residential Surrounding Zoning North: R-1, Single Family Residential East: R-1, Single Family Residential South: R-1, Single Family Residential West: Outside City Limits (Mount Prospect) Street Classification Wolf Road is identified as a collector and Dursey Lane as a local street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends an Institutional use for this site. The petitioner, St. Paul Chong Hasang Korean Catholic Mission, has applied for a Conditional Use permit to expand an established Place of Worship by constructing a 684 square foot accessory structure to provide storage space for maintenance equipment and other items. The approximately 9.2 acre parcel is located at the southeast corner of the intersection of Wolf Road and Dursey Lane within the Longford Glen Subdivision. Two connected one-story brick church buildings and two single-family residences are present in addition to approximately 229 parking spaces. The church was constructed in 1995 with a variation granted (Case #95-59-V) for the 43 -foot height of the bell tower. The proposed 684 square -foot (19 -foot by 36 -foot) accessory structure would be located south of the church adjacent to an existing trash enclosure and accessed by a driveway from the parking lot. The 14 -foot tall accessory structure is below the 15 -foot maximum height limit. Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 6 Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed conditional use is in fact a conditional use established within the specific Zoning district involved: Comment: Expanding upon an existing Place of Worship requires a conditional use permit in the R-1, Single Family Residential District, as specified in Section 7.2-4-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed conditional use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The Comprehensive Plan recommends institutional use for the location of the Place of Worship; and that institutional land uses are important for sustaining basic community service functions as well as enhancing the City's overall quality of life. C. The proposed conditional use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed addition is designed and to be constructed, operated and maintained under the requirements of the City Zoning Ordinance and Building Code. According to the submitted exterior plans, the accessory structure appears to be in concert with the rest of the building. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses: Comment: The proposed conditional use would not be hazardous or disturb the surrounding neighborhood uses. The proposed 684 square foot accessory structure building will be used for storage. Therefore, it will not create added hazardous or disturbing conditions to the neighborhood. E. The proposed conditional use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the conditional use shall provide adequately any such services: Comment: After reviewing the plans with the petitioner, the proposed conditional use would be served adequately by the existing essential public facilities and infrastructure. Given the nature of the project, a proposed 684 square foot accessory structure, it would also not require additional public services. F. The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: As mentioned above, the proposed conditional use would not create an additional burden on public facilities and services; nor would it be detrimental to the economic well being of the entire community. G. The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed 684 square foot accessory structure is not anticipated to create additional traffic, noise or odors that could be detrimental to surrounding land uses. H. The proposed conditional use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 7 Comment: As mentioned above, the proposed conditional use is not anticipated to generate an increase in traffic, and therefore not negatively affect current traffic conditions. I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed conditional use would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The proposed 684 square foot accessory structure will be located adjacent to an existing trash enclosure and parking lot on the site. J. The proposed conditional use complies with all additional regulations in the Zoning Ordinance specific to the conditional use requested: Comment: It appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendation: The Community and Economic Development Department recommends approval of the conditional use permit request to expand an established Place of Worship by adding an accessory storage structure, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. The accessory structure is well located on the lot and incidental to the overall operation of the existing Place of Worship on the 9.2 acre parcel. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned Conditional Use Permit for the establishment of a Place of Worship in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked for any questions from commissioners or audience. There were none. Chairman Seegers asked for a motion from the board. A motion was made by Board Member Szabo seconded by Board Member Hofherr to recommend approval for a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to expand a Place of Worship in the R-1 Zoning District. AYES: Szabo, Hofherr, Porada, Seegers, Schell NAYES: None ***MOTION CARRIED**** Chairman Seegers read the next case on the agenda. Address: 1493 Maple Street Case Number: 13-025-V Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 8 The petitioner is requesting a variation to Sections 8.1-3-C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the second story of an addition to an existing garage with a setback of 2.53', where the minimum allowed side -yard setback is 5 feet for a detached accessory structure in the R-1 zoning district. PIN: 09-21-310-004-0000 Petitioner: Scott Johnston, 1493 Maple Street, Des Plaines, IL 60018 Owner: Scott Johnston, 1493 Maple Street, Des Plaines, IL 60018 Chairman Seegers swore in Scott Johnston, petitioner. Mr. Scott Johnston was sworn in and stated that this was the same variation from a year and a half ago with a nonconforming setback. He believed that the neighbor was in agreement with the previous approval, but did not ask him about a second floor and is now in opposition to the second level. Mr. Johnston noted that the north facing windows were improtant for his hobby as a portrait artist. He stated that the neighbor's complaint about living quarters was inaccurate and pointed out photos of the condition of the neighbors garage. He stated that once the Alderman was contacted the Department inspected the garage and found the dormer in violation. He is proposing to move the windows back a half foot and alter the roof line to gain compliance. He built the garage on his own and wishes to complete the construction with the windows and twin gables on the north elevation. He will finish with masonry and stucco. He is surprised at the neighbors stated need for privacy as he has not seen the neighbor's rear yard in use very frequently. He contacted a number of neighbors who were not opposed and could have brought neighbors that were in favor. Board Member Porada inquired about the plans submitted for Case #11-033-V and why there was no mention of a second floor in either the plans, permit application, or testimony as evidenced by the minutes. Mr. Johnston stated that he was not asked that information, that he is not an architect, and that he read but miscalculated the regulations as evidenced by the height requirement. He stated that he did not intend to hide anything, but did not feel the second story was important. Board Member Porada confirmed that the building permit plans were approved without a second floor shown. Board Member Szabo asked who constructed the dormer. Mr. Johnston stated that he constructed the dormer himself and previously had a second story for storage of tools. He indicated that he wanted to comply with the outside limits of what was allowed. Board member Porada confirmed that the height was out of compliance and noted that the applicant chose not to hire an architect. Mr. Johnston stated that he believed he did not need an architect because the valuation was less than $15,000. Board Member Hofherr asked why the applicant would try to construct the addition without previous construction experience. Mr. Johnston stated that he has received advise from a contractor and felt that he could handle the work. Board Member Hofherr stated his concerns that the original plans did not show a second story, asked about inspections, and how the applicant would comply if the variation were denied. Mr. Johnston stated that he thought Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 9 he provided all of the information and plans necessary. Mr. Johnston added that he had been inspected several times. He stated that he would work to come up with a solution that would be in compliance. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a variation to Sections 8.1-3-C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the second story of an addition to an existing garage with a setback of 2.53', where the minimum allowed side -yard setback is 5 feet for a detached accessory structure in the R-1 zoning district. Analysis: Address: 1493 Maple Street PIN: 09-21-310-004-0000 Existing Zoning: R-1, Single Family Residential District Petitioner: Scott Johnston, 1493 Maple Street, Des Plaines, IL 60018 Owner(s): Scott Johnston, 1493 Maple Street, Des Plaines, IL 60018 In reviewing this variation request, staff has considered the following information: The lot has 53 -feet of frontage on Maple Street and is approximately 200 feet deep (approximately 10,530 square feet). The lot is nonconforming with regards to lot width (55' would be required in a new subdivision), but exceeds the minimum lot size of 6,875 square feet. A two-story brick single-family residence with detached two -car garage and shared driveway currently exists on site. The irregular shape of the lot reduces the width to approximately 44' at the rear half of the lot. The existing 400 square foot garage is set back 2.53' from the north property line. In 2011 the applicant received a standard variation to increase the size of the 20' by 20' garage to 720 square feet by constructing an approximately 14' by 23' addition to the rear of the garage. The addition followed the existing building line and therefore encroached into the required 5' setback. At the time there was no mention of a second floor. A building permit was issued and construction proceeded until a complaint was received about the new construction. Upon examination of the new construction and the variation granted in 2011 a "stop -work order" was issued. As currently constructed the dormer on the north side of the garage is out of compliance with the Zoning Ordinance with regard to the side -yard setback of the second story and height (the height of the flat portion of the dormer roof exceeds 15 feet) and with the Building Code in regards to the proximity of openings to the property line (the dormer windows are closer than 3 -feet to the property line). The applicant has submitted revised plans that would replace the flat roofed dormer with a two gabled dormers. As the building height for the gabled roofs is measured to the midpoint between the eves and ridgeline, the modification would comply with the height limit. Additionally, the applicant has proposed to set the windows back in order to remain three feet from the property line in compliance with the Building Code. However, the second story construction would still encroach into the side -yard setback, therefore requiring a variation. Per Section 3.6-6 of the Zoning Ordinance, a setback variation of greater than 30% may be considered as a standard variation. Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 10 Recommendation: Staff recommends approval of the above -requested side -yard setback variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. No kitchen or toilet facilities shall be constructed within the accessory structure. 2. The applicant shall install shades that cover the entire surface of the north facing picture windows. The shades shall be drawn closed when the second level of the accessory structure is not in use. The second story dormers do not project any further than the existing building line of the garage. The lot width is nonconforming in the area of the addition and there is a pattern of accessory structures that are constructed with nonconforming side -yard setbacks in the area. Zoning Board of Appeals Procedure Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned variances for side setback for an addition to an accessory structure in the R-1 zoning district. Chairman Seegers asked is anyone in the audience was in favor or opposed to the project. Approximately 6 people raised hands in favor, approximately 27 raised hands in opposition. Mr. James Brink, 1828 Lincoln Street, stated that side of his property abuts the rear of the petitioner's property. He objected to the second story, size of the structure, projection of eves, and had concerns about grading of the property and its affect on flooding at his property. He also had concerns about the second level being used as living area in the future. Mr. Lenny Darden, stated that he has been a contractor for 36 years and that it was his opinion that rain would be shed onto the neighbors property. Mr. John G, 1670 Wicke Avenue, stated that he knows of the height limitations and would be concerned if he was a neighbor. Ms. Patty Nelson, 1483 Maple Street, stated concerns with negative impacts on property values, flooding, privacy, and of the apartment like appearance of the structure. Ms. Francine Gralak, 1644 E Lincoln Avenue, expressed her opinion that it was an imposing structure and that skylights would be a better solution. Board Member Porada asked about what would be allowed to remain if the variance were granted. Mr. Mangum explained the proposed revision to the dormer to a double gable to comply with the building height restriction. He also noted the change in building height calculation that was made in 2005. He also explained that the second story area would need to comply with the 5 -foot setback and that removing the dormer is one method to achieve compliance. Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 11 Board Member Hofherr inquired about the status of the building permit. Mr. Mangum stated that he believe an extension was granted for the building permit and that there was currently a stop -work order on the permit. Mr. David Davies, 1495 Maple Street, has owned the house for 35 years and believes the height calculation is confusing. The garage does not add a full second story of height. Ms. Mary Schetter, 800 E. Algonquin Road, noted that based on experience the development process is difficult and costly and asked whether there would be fines for the construction. Mr. John Lindse, 1405 Henry Avenue, is a 20 -year resident and noted that the petitioner was granted approval for a garage, but also built a man -cave and requested that the variance is denied and a normal roof installed. Ms. Katie Dewitt, daughter of the petitioner, stated that Mr. Johnston has pride in his residence and reiterated that the issue this evening was the setback. Ms. Gloria Sterkowicz, 1745 Wicke Avenue, Addition to garage made sense, but the structure has grown into a studio apartment or business. Mr. Thomas Madalinski, 1409 Henry Avenue, stated that he was a contractor and believed the drainage was a concern and questioned whether a drainage system could be required. He also believed the inspections should be better. Board Member Porada explained what information was presented and what was included in the 2011 variation and discussed the variation procedure with Mr. Madalinski. Mr. John Heavey, 306 Oxford Road explained the rationale for requiring permits such as protection for homeowners. Board Member Porada asked if Architectural Review was required. Mr. Mangum stated that the Building Division could confirm, but typically accessory structures would not be reviewed. Board Member Hofherr asked about whether the pad for the trailer was constructed. Mr. Johnston stated that it would be a part of a second permit. He also stated that he would install a gutter on the north side of the garage and noted that he installed a sump pump along with his shed to drain to the front of the property and benefit neighbors. Mr. Johnston added that enough dirt was left onsite for the installation of the concrete pad. Chairman Seegers asked for a motion from the board. A motion was made by Board Member Szabo seconded by Board Member Hofherr to disapprove the variation request to legalize the second story of an addition to an existing garage with a setback of 2.53', where the minimum allowed side -yard setback is 5 feet for a detached accessory structure in the R-1 zoning district. Board Member Hofherr stated that he would like to amend the motion to prevent a second story. Board Member Szabo stated that he did not wish to amend his motion. Case # 13-021-V — 364 Geri Ln Case # 13-025-V — 1493 Maple St Case # 13-024-V — 2600 S. Des Plaines River Rd Case # 13 -027 -CU — 675 Dursey Ln June 11, 2013 Page 12 Board Members Porada and Hofherr stated that they would not have voted for a second story in 2011. AYES: Szabo, Hofherr, Porada, Seegers, Schell NAYES: None * * *MOTION CARRIID * * * * Mr. Johnston asked about the second story as there was previously a second story for storage. Chairman Seegers stated that the second story would only allow for storage and the second story variance within the setback was denied. A variance for height was not granted and that the building department could be consulted for compliance. Board Member Hofherr clarified that the variance requested was to legalize a second story within the setback. The meeting was adjourned at 10:04 p.m. by unanimous voice vote. Sincerely, Arnie Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioner