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07/13/2010DES PLAINES ZONING BOARD OF APPEALS JULY 13, 2010 MINUTES The Des Plaines Zoning Board of Appeals held its regularly scheduled meeting on Tuesday, July 13, 2010, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hofherr, Porada, Saletnik, Szabo, Seegers ABSENT: None Also present was Senior Planner Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:36 P. M. Chairman Seegers informed members of the Board that the matter involving 1645 S. River Road had been continued to the Board's August 10, 2010, hearing at the request of the petitioner. Case #10-037-V - 332 Dulles Road July 13, 2010 Page 2 Case #10-037-V — 332 Dulles Road Request: Variations to Section 8.1-3-C of the 1998 City of Des Plaines Zoning Ordinance, as amended, to authorize the replacement of a shed with an existing side yard setback of 1.34 -feet and a rear yard setback of 2.2 -feet, where the minimum setback required for side and rear yards is 5 -feet for an accessory structure within the R-1 Zoning District. Mr. David Kelly, 332 Dulles Road, Des Plaines, Illinois, was sworn in to give testimony in this case. Mr. Kelly stated the shed that previously existed on the property was approximately 20 years old and dilapidated, built of excess lumber, some of which had rotted. Mr. Kelly stated his request to rebuild a shed in the exact same location as the previous shed. Mr. Kelly added he had purchased a shed at Home Depot to match the dimensions exactly in order to replace the shed in the same location. Mr. Kelly stated he is unable to meet the 5 -foot setback requirement because of the approximate 8-9 foot tall tree located at the corner of the shed. Mr. Kelly stated the tree is alive and healthy. Chairman Seegers inquired as to whether Mr. Kelly had spoken to his neighbors. Mr. Kelly stated he had and that all, neighbors on both sides and the neighbor behind, were aware of tonight's hearing and that none have any objection. Mr. Kelly added that it was one of his neighbors who suggested he take the matter before the Zoning Board. Chairman Seegers inquired as to whether an easement exists on the property. Mr. Kelly stated one does and added that he received a letter from ComEd, which he submitted to City Hall last week. Mr. Kelly stated the letter from ComEd stated the utility had no objection to rebuilding the shed in the same location. Chairman Seegers called for questions or comments by members of the Board, either in favor of or in objection to the proposal. Mr. Porada confirmed the request was to rebuild the shed with the same setbacks of 2.2 -feet to the north and 1.34 -feet to the east. Mr. Mangum confirmed that was correct. Mr. Kelly reiterated that was the purpose of purchasing a shed of the same dimensions. Mr. Porada acknowledged that the request would result in no further encroachment and that no issue would exist if the shed weren't being rebuilt. Stating he was sympathetic to the petitioner for wanting to maintain the existing footprint, Mr. Porada inquired as to why the 5 -foot required setback on the north cannot be met. Mr. Kelly stated the fir tree as the reason the setback cannot be met. Mr. Porada stated his disagreement. Mr. Porada asked if the tree was on Mr. Kelly's property or his neighbors. Mr. Kelly stated the tree is on his property. Mr. Porada inquired as to the tree's exact location. Mr. Kelly stated the tree is located to the east, at the southeast corner of the old shed. Mr. Kelly expressed concern of cutting into the tree's base. Mr. Porada noted that doing so is common as those trees age. Mr. Porada reiterated his request that the shed be moved 2.7 -feet due south. Mr. Szabo inquired as to the type of foundation that was used as the base of the old shed. Mr. Kelly stated the foundation was constructed of excess lumber and timbers. Chairman Seegers inquired as to the construction of the previous shed. Mr. Kelly stated the previous shed was constructed of a mix of different woods - some 2 X 4's that had been nailed together and timbers. Chairman Seegers inquired as to the materials that would be used to construct the new shed. Mr. Kelly stated the new shed would be constructed of wood with a palette style base. Mr. Kelly added the man who delivered the shed suggested 4 X 4's be used to construct the base. Mr. Porada stated his awareness of Staffs recommendation. Mr. Porada stated that, in his opinion, the fir tree at issue was not a 30-50 year old mature tree, but a large evergreen. Mr. Porada reiterated that those Case #10-037-V - 332 Dulles Road July 13, 2010 Page 3 type of bushes lose density with age and stated he did not feel it was reason enough not to meet the required setback. Mr. Hofherr inquired as to whether Mr. Kelly would have access to mow the grass and maintain the area between the shed and fence if the shed were, in fact, to be moved back. Mr. Kelly stated there is a strip of grass between the shed and fence as well as landscaping bricks. Chairman Seegers called for additional questions of Mr. Kelly by members of the Board. None were raised. Chairman Seegers called for the Staff Report to be read by Mr. Mangum. Staff Report: Issue: The petitioner is requesting variations to Section 8.1-3C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the replacement of a shed with an existing side -yard setback of 1.34' and rear -yard setback of 2.2', where the minimum setback required for side and rear -yards is 5' for an accessory structure within the R-1 zoning district. Analysis: Address: 332 Dulles Road Existing Zoning: R-1, Single -Family Residential Petitioner: David Kelly, 332 Dulles Road, Des Plaines IL 60016 Owner(s): David Kelly, 332 Dulles Road, Des Plaines IL 60016 In reviewing this variation request, staff has considered the following information: The 61' by 125' (approximately 7,625 square foot) lot at 332 Dulles Road is a legal conforming lot. A two- story brick and frame single-family residence with a driveway and attached one -car garage currently exists on site. The applicant requests to rebuild an approximately 77 square foot shed at the same location: 1.34' - feet from the east property line and 2.2 -feet from the north property line. The previous frame shed was recently removed from the property. The applicant requests to build the new shed in the same location to preserve an existing tree that would need to be removed if the setback requirements were observed. This request, a setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board of Appeals. Recommendation: Staff recommends approval of the above -requested variation for the location of an accessory structure 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 observed several nearby accessory structures that are located within the 5' side and rear yard setbacks, including the adjacent neighbor to the east. Additionally, rebuilding the shed in its existing location preserves mature landscaping on the property. 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 the side - yard and rear -yard setbacks in the R-1 zoning district. Case #10-037-V - 332 Dulles Road July 13, 2010 Page 4 Chairman Seegers called for questions or comments by members of the audience either in favor of or in objection to the proposal. No persons were present in the audience. Chairman Seegers noted the location of the shed was a pre-existing condition without any change in size. Chairman Seegers stated, in light of the fact that there were no objections by the neighbors or the utility, that he did not feel the location poses a problem. Mr. Szabo stated his agreement. A motion was made by Szabo, seconded by Catalano, to authorize the replacement of a shed with an existing side yard setback of 1.34 -feet and a rear yard setback of 2.2 -feet, as requested. AYES: Saletnik, Szabo, Catalano, Hofherr, Porada, Seegers NAYES: None MOTION CARRIED Case #10-037-V - 332 Dulles Road July 13, 2010 Page 5 Chairman Seegers continued the matter of the Board's Procedures to the August 10, 2010, meeting of the Zoning Board of Appeals. A motion was made by Porada, seconded by Saletnik, to adjourn the meeting. The meeting was adjourned at 7:53 P. M. The next meeting of the Des Plaines Plan Commission is Tuesday, August 10, 2010. Sincerely, A. W. Seegers, Chairman Des Plaines Zoning Board of Appeals Cc: City Officials Alderm en Zoning Board of Appeals