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07/09/2013Case #13-030-V— 491 Marshall Drive July 9, 2013 Page 1 DES PLAINES ZONING BOARD MEETING July 9, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, July 9, 2013 at 7:30 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Catalano, Saletnik, Hofherr, Schell, Porada, Seegers ABSENT: Szabo Also present was Scott Mangum, 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 read the summary of the case up for hearing. A motion was made by Board Member Hofherr, and was seconded by Board Member Saletnik to approve the minutes of the June 25, 2013 Zoning Board of Appeals. AYES: Hofherr, Saletnik, Schell, Seegers NAYES: None ABSTENTIONS: Catalano, Porada Board Member Catalano abstained from voting because he did not attend the June 25th ZBA meeting. Board Member Porada abstained from voting because he recused himself from voting at the June 25th meeting. ***MOTION CARRIED * * * * NEW BUSINESS Address: 491 Marshall Drive Case Number: Case #13-030-V Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-8-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize an accessory drive-through facility at a financial institution in the C-5, Central Business Zoning District. Address: 491 Marshall Drive Petitioner: David and Kathryn Bertellotti, Des Plaines, IL 60016 Owner(s): David and Kathryn Bertellotti, Des Plaines, IL 60016 Case #13-030-V— 491 Marshall Drive July 9, 2013 Page 2 P1Ns: 08-13-117-001-0000 Petitioner David Bertellotti (491 Marshall Drive, Des Plaines) summarized his request. He stated that he is asking for a variance to be granted to replace the concrete patio that used to be on the north side of his house. It was deteriorated and allowed water to leak into the foundation, leading to its removal. He viewed a deck as the most feasible way to maintain that portion of the property. Chairman Seegers asked if the dimensions of the deck would be the same as the patio. Mr. Bertellotti stated that it would be almost exactly the same, but it would be about 6 -feet longer and would include the addition of a small step. Chairman Seegers asked about access to the deck. Mr. Bertellotti stated that access would be provided from the existing sliding glass door, which is at the same height as that of the proposed 14 -inch high deck. Chairman Seegers asked if Mr. Bertellotti had discussed the matter with his neighbors. Mr. Bertellotti said that he had discussed it with is neighbors and they were fine with the proposal. Chairman Seegers asked about the location of the neighbor's windows facing the proposed deck. Mr. Bertellotti stated that the neighbor's house has one window facing the location of the deck on both the upper and lower level. Mr. Porada asked if the attached survey was done before purchasing the property. Mr. Bertellotti confirmed that the attached survey was done before purchasing the property, and it portrayed the concrete patio. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a variation to Sections 7.2.-4-D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a deck with a zero -foot side -yard setback, where the minimum allowed side -yard setback is 5 feet in the R-1 zoning district. Analysis: Address: 491 Marshall Drive PIN: 08-13-117-001-0000 Existing Zoning: R-1, Single Family Residential District Petitioner: David and Kathryn Bertellotti, Des Plaines, IL 60016 Owner(s): David and Kathryn Bertellotti, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The lot has 71.5 -feet of frontage on Marshall Drive and is approximately 96 -feet deep (approximately 6,850 square feet). The lot is conforming with regards to lot width (55' would be required in a new subdivision), but falls below the minimum lot size of 6,875 square feet. The lot also lacks the 125 -feet of depth that would be required of a new subdivision. A one-story brick and frame single-family residence with attached two -car garage and driveway currently exists on site. Case #13-030-V— 491 Marshall Drive July 9, 2013 Page 3 According to the petitioner a concrete patio was recently removed from the north side of the house due to its deteriorated condition and issues with drainage. The applicant has proposed to replace the concrete patio with a 14" - high wood deck. As proposed, the 8 -foot by 44 -foot deck would provide a zero -foot setback from the north property line, the same as the previous patio. 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 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. The proposed 14 -inch high deck would replace an existing patio with the same encroachment into the required setback. 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 variance for the side setback for a deck 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. There were none. Board Member Catalano made a motion, seconded by Board Member Saletnik, to approve the variance request to authorize the construction of a deck with a zero -foot side -yard setback at 491 Marshall Drive. AYES: Catalano, Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED**** The meeting was adjourned at 7:41 pm by a unanimous voice vote.