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08/10/2010DES PLAINES ZONING BOARD OF APPEALS AUGUST 10, 2010 MINUTES The Des Plaines Zoning Board of Appeals held its regularly scheduled meeting on Tuesday, August 10, 2010, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Hofherr, Porada, Saletnik, Szabo, Seegers ABSENT: Catalano Also present was Senior Planner Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:37 P. M. Case #10-043-V — Case #10-029-V — Case #10-035-V — Case #10-028-V — August 10, 2010 Page 2 700 W. Oakton Street 1851 Welwyn Avenue 1645 Des Plaines River Road 1585 Whitcomb Avenue Case #10-043-V — 700 W. Oakton Street Request: A variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with an approximately 16' front -yard setback, where a setback of 25' is required by code within the R-1 zoning district. Architect Thomas Buckley was sworn in to give testimony in this case. Mr. Buckley, a representative for the owner, stated that two additions are proposed to the east and west side of the house. Mr. Buckley stated that the house was on a corner lot, which required two front -yard setbacks, and the house is currently within the front -yard setback on Ridge Lane. Mr. Buckley explained the floor plans and stated that the addition stays in line with the existing house. Chairman Seegers confirmed that the applicant was proposing to remodel the front and side of the house and that the addition would continue the east building line of the house. Mr. Buckley confirmed this was correct. Chairman Seegers inquired about the purposed of the west addition. Mr. Buckley stated the addition was for a one -car attached garage. Chairman Seegers inquired about the elevations. Mr Buckley noted that the one-story additions would use face brick. Mr. Porada inquired as to the required setback from the west property line. Mr. Mangum stated that it is 5 - feet. Mr. Porada inquired as to the proposed setback from Oakton Street. Mr. Buckley stated that the house would be setback 56 -feet from Oakton Street. Mr. Porada inquired as to the use of the addition to the east. Mr. Buckley stated that it would be a living room. Mr. Porada asked about the use of masonry. Mr. Buckley stated that brick would be used on the front elevation, but not the side. Mr. Saletnik confirmed that the front of the house was on Oakton Street, while the side of the house was on Ridge Lane. Chairman Seegers called for additional questions of Mr. Schuster by members of the Board. None were raised. Chairman Seegers called for the Staff Report to be read by Mr. Mangum. Issue: The petitioner is requesting a variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with an approximately 16' front -yard setback, where a setback of 25' is required by code within the R-1 zoning district. Analysis: Address: Existing Zoning: Petitioner: Owner(s): 700 W. Oakton Street R-1, Single Family Residential District Tom Buckley, 2400 Harrell Road, Suite 340, Hoffman Estates, IL 60169 Betool Ali, 700 W Oakton Street, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The 80.52' by 148.65' (11,969 square foot) lot at 700 W. Oakton Street is conforming with regards to lot width (65' would be required of a new subdivision) and exceeds the minimum lot size of 8,125 square feet. An approximately 888 square -foot one-story single-family residence with gravel driveway but no garage currently exists on site. Because the property is located at the corner of West Oakton Street and South Ridge Lane a 25' setback is required on both frontages. The applicant proposes two single -story additions to the east and west portions of the house. The approximately 154 square -foot eastern addition would line up with the legal nonconforming east side of the Case #10-043-V — 700 W. Oakton Street Case #10-029-V — 1851 Welwyn Avenue Case #10-035-V — 1645 Des Plaines River Road Case #10-028-V — 1585 Whitcomb Avenue August 10, 2010 Page 3 house, resulting in a setback of approximately 16' from the South Ridge Lane property line. The proposed western addition is a one -car attached garage. The additions would be located behind the 25' setback on Oakton Street. Per Section 3.6-6 of the Zoning Ordinance, a setback that projects more than 30% into the required setback may be allowed with a standard variation. Recommendation: Staff recommends approval of the above -requested front -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 a condition of approval. 1. The proposed new driveway shall meet all applicable Building Code hard surface requirements. Staff believes that the one-story addition would allow the applicant to add usable space to a smaller house while not encroaching any further than the existing nonconformity. 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 -yard setback for an addition to a single-family residence in the R-1 zoning district. Chairman Seegers called for questions or comments by members of the audience either in favor of or in objection to the proposal. No persons came forward. Mr. Szabo stated that it was his preference that the home owner should be present at the hearing. A motion was made by Szabo, seconded by Saletnik, to authorize the construction of a one-story addition to an existing single family residence with an approximately 16' front -yard setback, where a setback of 25' is required by code within the R-1 zoning district. AYES: Szabo, Saletnik, Hofherr, Porada, Seegers NAYES: None MOTION CARRIED Case #10-029-V —1851 Welwyn Avenue Case #10-043-V Case #10-029-V Case #10-035-V Case #10-028-V August 10, 2010 Page 4 Request: — 700 W. Oakton Street — 1851 Welwyn Avenue — 1645 Des Plaines River Road — 1585 Whitcomb Avenue A variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of one-story additions to the front and rear of an existing single family residence with an approximately 2' 5" side -yard setback, where a setback of 5' is required by code, and with a lot coverage of approximately 33%, where a maximum of 30% is allowed within the R-1 zoning district. Manuel Juarez was sworn in to give testimony in this case. Mr. Juarez stated the purpose of the addition was to increase the size of the bedrooms which were too small for their two children. Mr. Juarez stated that the additions would not be any closer to the neighbors than the existing house which is approximately 2 -feet 5 -inches from the property line. Chairman Seegers inquired whether the addition would be in line with the existing building. Mr. Juarez confirmed that it would. Chairman Seegers confirmed that the house is one-story. Mr. Juarez confirmed that it is. Chairman Seegers inquired about the number of bedrooms in the house. Mr. Juarez stated there were three bedrooms. Chairman Seegers inquired about the allowable lot coverage. Mr. Mangum stated that 1,875 square -feet were allowed, where the applicant was proposing 2,107 square -feet including all structures on the lot. Chairman Seegers confirmed that the additions would be to the front and rear of the house on the east side. Mr. Juarez confirmed that was correct. Chairman Seegers called for questions of the petitioner by members of the Board. Mr. Porada confirmed that the front addition was approximately six feet by ten feet. Mr. Juarez confirmed that was correct. Mr. Hofherr inquired about the number of children residing in the house. Mr. Juarez stated they had two children. Chairman Seegers called for the Staff Report to be read by Mr. Mangum. Issue: The petitioner is requesting variations to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of one-story additions to the front and rear of an existing single family residence with an approximately 2' 5" side -yard setback, where a setback of 5' is required by code, and with a lot coverage of approximately 33%, where a maximum of 30% is allowed within the R-1 zoning district. Analysis: Address: Existing Zoning: Petitioner: Owner(s): 1851 Welwyn Avenue R-1, Single Family Residential District Nina F. Juarez, 1851 Welwyn Avenue Des Plaines, IL 60016 Nina F. Juarez, 1851 Welwyn Avenue Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The 50' by 125' (approximately 6,250 square foot) lot at 1851 Welwyn Avenue is legal nonconforming with regards to both lot width and lot size in the R-1 District. A one story single-family residence with a rear detached two -car garage currently exists on site. The applicant proposes to add an approximately 316 square -feet, through single story additions to both the front and rear of the house. The existing first floor of the house is located approximately 2' 5 114" from the east property line, where the Zoning Ordinance requires a 5' side -yard setback. The proposed addition would match the existing building line of the house and be located approximately 2' 5" from the east property line at the closest point. Case #10-043-V — 700 W. Oakton Street Case #10-029-V — 1851 Welwyn Avenue Case #10-035-V — 1645 Des Plaines River Road Case #10-028-V — 1585 Whitcomb Avenue August 10, 2010 Page 5 The existing house and two -car garage cover approximately 28% of the lot. The proposed additions would place the total building coverage at approximately 2,107 square feet (33.7%), where the zoning ordinance allows a maximum building coverage of 1,875 square feet. Per Section 3.6-6 of the Zoning Ordinance, a setback that projects more than 30% into the required setback and lot coverage of up to 20% over the maximum requirements may be allowed with a standard variation. Recommendation: Staff recommends approval of the above -requested side -yard setback and lot coverage variations 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 approval of the variations as the requests allow the owner to improve the property while not substantially increasing the degree of an existing non -conforming setback. Staff has also taken into consideration the hardship caused due to the undersized 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 the side - yard setback and lot coverage for an addition to a single-family residence in the R-1 zoning district. Chairman Seegers called for additional questions by members of the Board. None were raised. A motion was made by Mr. Saletnik, seconded by Mr. Hofherr, to approve a variance for the construction of one-story additions to the front and rear of an existing single family residence with an approximately 2' 5" side -yard setback, where a setback of 5' is required by code, and with a lot coverage of approximately 33%, where a maximum of 30% is allowed within the R-1 District. AYES: Saletnik, Hofherr, Seegers, Szabo, Porada NAYES: None MOTION CARRIED Case #10-043-V — Case #10-029-V — Case #10-035-V — Case #10-028-V — August 10, 2010 Page 6 Case #10-035-V Request: 700 W. Oakton Street 1851 Welwyn Avenue 1645 Des Plaines River Road 1585 Whitcomb Avenue —1645 Des Plaines River Road A variation to Section 9.7 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize a reduction in parking from 89 to 75 spaces where code requires approximately 100 parking spaces in order to construct a floodwall in the C-3 zoning district. Michael Mondus, P.E. from Spaceco, Inc., Gus Bahramis, and Masis Sakisian were sworn in to give testimony in this case. Mr. Mondus stated that the reduction in parking from 89 to 75 parking spaces was requested to construct a floodwall to protect the businesses from frequent flooding and losses. Mr. Mondus stated that the rear of the property was in the floodway. Mr. Mondus stated that Mr. Bahramis had conducted a number of parking counts and that on average 44 cars were present during business hours. Mr. Porada inquired whether this item was recently before the City Council. Mr. Mondus confirmed that a Floodplain Variance to not provide compensatory storage was before the City Council on August 2, 2010. Mr. Sakisian added that the variance was to build the floodwall further than 10 -feet from the exterior walls of the building. Mr. Porada confirmed that the City Council gave approval for the floodwall by a vote of 7-1. Mr. Porada confirmed that the parallel spaces would be adjacent to the floodwall that would be 33 -feet from the building with a 14 -foot wide drive aisle. Mr. Saletnik inquired about the jurisdiction for the decision. Mr. Mangum stated that it was his understanding that the City of Des Plaines had the ability to approve the construction of the floodwall. Mr. Saletnik stated that decisions made in Des Plaines can affect properties downstream. Mr. Hofherr noted that there appears to be available spaces at the rear of the property. Mr. Bahramis confirmed that there is plenty of available parking and that there will be additional parking available when the temporary roofing company vacates the property. Mr. Hofherr inquired about the location of the wall. Mr. Mondus stated that the openings in the wall at each of the driveways would be sandbagged to prevent water from entering the property. Chairman Seegers inquired about the first flood occupancy of the building. Mr. Mondus stated that the building was a one-story slab on grade building with commercial tenant on the ground floor. Chairman Seegers inquired about the height of the wall in relation to the neighbors. Mr. Mondus stated that the height of the wall would vary because of the varying grade of the property, and noted that the property to the north was at a higher grade, while the property to the south was vacant land. Mr. Bahramis noted that the plans they had contacted the Army Corps of Engineers and FEMA. Mr. Mondus added that the wall would add less than a sheet of paper's worth of water to surrounding properties. Mr. Hofherr inquired as to how many tenants were in the building. Mr. Bahramis stated that there are 23 suites with 15 owners. Mr. Hofherr inquired as to the situation if the building were to be fully occupied. Mr. Bahramis stated that there are only one 600 and one 800 square foot suites vacant. Mr. Bahramis added that a couple of employees from the restaurant across the street park their cars at the subject site and there are also currently a couple of cars parked on site while the owners are travelling. Chairman Seegers called for the Staff Report to be read by Mr. Mangum. Case #10-043-V — 700 W. Oakton Street Case #10-029-V — 1851 Welwyn Avenue Case #10-035-V — 1645 Des Plaines River Road Case #10-028-V — 1585 Whitcomb Avenue August 10, 2010 Page 7 Issue: The petitioner is requesting a variation to Section 9.7 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize a reduction in parking from 89 to 75 spaces where code requires 100 parking spaces in order to construct a floodwall in the C-3 zoning district. Analysis: Address: 1645 River Road Existing Zoning: C-3, General Commercial District Petitioner: River Plaza Condominium Association, Des Plaines, IL 60018 Owner(s): River Plaza Condominium Association, Des Plaines, IL 60018 1645 River Road, 1645 River Road, In reviewing this variation request, staff has considered the following information: A one-story brick building with 24 Commercial Condominium units is located on the oblong approximately 1.5 -acre parcel at 1645 River Road. A number of office and personal service uses are located within the building. The rear lot line of the parcel is the boundary of the Des Plaines River. The River Plaza Condominium Association has proposed to construct a flood wall along the perimeter of the property. The flood wall would be approximately 6' -high along the rear property line and approximately 2' -high at the lowest point in the front of the property. The flood wall would reduce the amount of parking spaces from an already legal nonconforming 89 to a total of 75, where approximately 100 spaces are required by code. 18 existing angled and perpendicular spaces would be removed at the rear of the lot while four new parallel spaces would be striped adjacent to the proposed flood wall. Parking count data collected during business hours in July 2010 by the applicant indicates that an average of 44 parking spaces were occupied. The maximum number of spaces occupied was 54. On two midday visits to the site, staff has similarly found roughly half of the parking spaces empty. A parking variation of less than 30% may be approved by the Zoning Board of Appeals. First reading for a Flood Wall Variation was approved by the City Council on August 2, 2010. Recommendation: Staff recommends approval of the above -requested parking 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 proximity of the building to the Des Plaines River creates a unique hardship and parking counts indicate that an excess of parking is available. Zoning Board of Appeals Procedure Under Section 3.6-6 of the Zoning Ordinance (Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned variance for a reduction in parking in the C-3 zoning district. Chairman Seegers called for questions or comments by members of the audience either in favor of or in objection to the proposal. Two persons raised their hands as being in favor of the project. Chairman Seegers noted that there is a unique hardship; however, there could be problems if everyone constructed floodwalls. Mr. Saletnik added that flooding is a sensitive issue. Chairman Seegers called for additional questions by members of the Board. None were raised. Case #10-043-V — 700 W. Oakton Street Case #10-029-V — 1851 Welwyn Avenue Case #10-035-V — 1645 Des Plaines River Road Case #10-028-V — 1585 Whitcomb Avenue August 10, 2010 Page 8 A motion was made by Mr. Hofherr, seconded by Mr. Szabo, to approve a variance to authorize a reduction in parking from 89 to 75 spaces where code requires approximately 100 parking spaces in order to construct a floodwall in the C-3 zoning district. AYES: Hofherr, Szabo, Saletnik,Porada NAYES: Seegers MOTION CARRIED Case #10-043-V — Case #10-029-V — Case #10-035-V — Case #10-028-V — August 10, 2010 Page 9 700 W. Oakton Street 1851 Welwyn Avenue 1645 Des Plaines River Road 1585 Whitcomb Avenue Case #10-028-V —1585 Whitcomb Avenue Request: Variations to Sections 7.2-4D and 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of a deck and pergola with a front setback of 18', instead of not less than 25', in front of the front building line of the house, instead of behind in the R-1 Zoning District. Nermin Audic was sworn in to give testimony in this case. Mr. Audic stated that a fishing pond had been removed at the location of the deck and he was not aware that a permit was needed for a deck. Mr. Audic stated that the pergola was already built when he bought the house. Chairman Seegers inquired whether the deck was built on grade. Mr. Audic stated that 4 x 6's were placed in concrete holes that were 4 -feet in depth. Chairman Seegers inquired about the setback from the property line. Mr. Mangum confirmed that the deck and pergola were 18 -feet from the property line on Whitcomb Avenue. Chairman Seegers confirmed that the deck was built without a permit. Mr. Audic confirmed this was correct. Mr. Saletnik inquired about the vines shown growing on the pergola in the pictures. Mr. Audic confirmed that they were grape vines. Mr. Saletnik stated that he considered the pergola to be a landscape element and inquired whether landscape elements were allowed within setbacks. Mr. Mangum explained that the Zoning Ordinance allowed arbors and trellises to project into side and rear yard setbacks, but not in the front yard. Mr. Szabo inquired about the pergola. Mr. Audic stated that it was existing when he bought the house, but he personally built the deck. Mr. Szabo inquired as to why Mr. Audic did not get a permit for the deck. Mr. Audic stated that he is an electrician and has received permits for work in the past, but did not know that a permit was required for a low deck. Mr. Audic added that he removed the pond because he had a small child. Mr. Szabo stated that the applicant should have checked with the City. Chairman Seegers called for questions of the petitioner by members of the Board. None were raised. Chairman Seegers called for the Staff Report to be read by Mr. Mangum. Issue: The petitioner is requesting variations to Sections 7.2-4D and 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of a deck and pergola with a front setback of 18', instead of not less than 25', in front of the front building line of the house, instead of behind in the R-1 Zoning District. Analysis: Address: Existing Zoning: Petitioner: Owner(s): 1585 Whitcomb Avenue R-1, Single Family Residential District Nermin Audic, 1585 Whitcomb Avenue, Des Plaines, Illinois Nermin Audic, 1585 Whitcomb Avenue, Des Plaines, Illinois In reviewing this variation request, staff has considered the following information: The approximately 61' by 137' (approximately 8,375 square foot) lot at 1585 Whitcomb Avenue is legal nonconforming with regards to lot width (65' lot width would be required of a corner lot in a new subdivision), but exceeds the minimum lot size of 8,125 square -feet. A one and one half -story, single-family residence with driveway, and attached two -car garage currently exist on site. Because the property is located at the corner of Whitcomb Avenue and White Street a 25' setback is required on both frontages. Case #10-043-V — 700 W. Oakton Street Case #10-029-V — 1851 Welwyn Avenue Case #10-035-V — 1645 Des Plaines River Road Case #10-028-V — 1585 Whitcomb Avenue August 10, 2010 Page 10 The property lacks a sufficient rear -yard, as the distance from the back of the house to the rear lot line is approximately 4 and a half feet. However, due to the location of the house, there are large corner front - yards that the petitioner would like to use for outdoor recreation. While the zoning code requires accessory structures to be located behind the primary structure, without permits the applicant has constructed a low 12' by 14' deck in front of the primary structure. The applicant states that the pergola, in the same location as the deck, has been present prior to his ownership of the property, but no building permit records were found. An existing chain link fence and shrubs are located around the north and east property lines and provide screening of the yard from the street. After being cited by code enforcement for constructing the accessory structures without permits, the petitioner has applied for variations to legalize the construction. Two variations are requested: to allow accessory structures, the deck and pergola, with an 18' front yard setback, instead of not less than 25'; and to allow accessory structures, both the pergola and deck, in front of the building line of the primary structure instead of behind. Recommendation: Staff recommends approval of the above -requested accessory structure location variations and approval of the above -requested front -yard setback variations 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 believes that the location of the house, with a limited rear -yard area, is unique with respect to other properties in the area and is therefore supporting the variation requests for the location of accessory structures in front of the primary structure, and for the front yard setback variation of 18', instead of not less than 25'. Zoning Board of Appeals Procedure Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above- mentioned variances for front yard setback and location of accessory structures in the R-1 zoning district. The City Council has the final authority on the project. Noting that the garage had a flat roof, Mr. Porada inquired as to whether there was an exit from the second story of the house to the top of the garage. Mr. Audic stated that he could exit onto the garage from a bedroom. Mr. Porada inquired how long the applicant has resided in the area and whether he had previously pulled permits. Mr. Audic stated 6 years, and that he had previously lived in Niles for four years and had pulled one permit while living in Niles. Mr. Saletnik stated that he considered the construction to be a low -profile deck and a landscape structure. Mr. Porada stated his personal stance that he does not support after -the -fact variations. Chairman Seegers called for additional questions by members of the Board. None were raised. A motion was made by Mr. Szabo, seconded by Mr. Saletnik, to recommend that the City Council approve variances to legalize the construction of a deck and pergola with a front setback of 18', instead of not less than 25', in front of the front building line of the house, instead of behind in the R- 1 Zoning District AYES: Szabo, Saletnik NAYES: Hofherr, Porada, Seegers MOTION FAILED Case #10-043-V — Case #10-029-V — Case #10-035-V — Case #10-028-V — August 10, 2010 Page 11 700 W. Oakton Street 1851 Welwyn Avenue 1645 Des Plaines River Road 1585 Whitcomb Avenue Mr. Porada stated his intention to distribute a draft of the Zoning Board of Appeals Rules and Procedures to the members. A motion was made by Hofherr, seconded by Saletnik, to adjourn the meeting. The meeting was adjourned at 8:44 P. M. The next meeting of the Des Plaines Plan Commission is Tuesday, September 14, 2010. Sincerely, A. W. Seegers, Chairman Des Plaines Zoning Board of Appeals Cc: City Officials Alderm en Zoning Board of Appeals