Loading...
08/09/2011�oF DES PLAINES ZONING BOARD OF APPEALS n a AUGUST 9, 2011 MINUTES DES PLAINES Nl�RLANOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, August 9, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Szabo, Saletnik, Hotherr, Porada, Seegers ABSENT: None. Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:38 P.M. Approval of the June 28, 2011, meeting minutes. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to approve the minutes with the correction of the June 28, 2011, hearing. AYES: Catalano, Szabo, Saletnik, Porada NAYES: None ABSTENTIONS: Hotherr, Seegers MOTION CARRIED Approval of the July 12, 2011, meeting minutes. A motion was made by Board Member Catalano, seconded by Board Member Szabo, to approve the minutes with the correction of the July 12, 2011, hearing. AYES: Catalano, Szabo, Saletnik, Seegers, Hotherr, Porada NAYES: None MOTION CARRIED Case Number: 11-033-V Address: 1493 Maple Street Petitioner: Scott Johnston Case #11-033-V - 1493 Maple Street August 9, 2011 Page 2 Request: The petitioner is requesting a variation to Sections 8.1-3-C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow 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. Scott Johntson was sworn in and stated that he had rented the property from 1989 to 1999, and purchased it in 1999. It has a minimal 400 square foot garage in the northernmost portion of the backyard and shares a driveway to the north with a neighbor. He cannot expand to the other side due to the conformation of the driveway. The neighbors he spoke with had no problem with this proposed addition. Chairman Seegers asked if it would be masonry. Mr. Johnston stated the original was masonry block and he would use the same type of materials. Chairman Seegers asked if the portion seen from the street would be the same. Mr. Johnston stated it would, however, it would be better since it would have a new roof and two doors. Chairman Seegers asked for questions from board members. Board Member Saletnik asked if he would be following the same building line as the garage. Mr. Johnston stated he would. Board Member Hofherr asked about the trench dug in the back. Mr. Johnston stated that he had started digging a hole in anticipation of the approval of the garage and had covered it so his dog would not get in it. Board Member Porada asked if Mr. Johnston knew the garage had been there since 1932. Mr. Johnston stated that he assumed it was because the house was built in 1932. Board Member Porada stated that in 1932 there were no set- back requirements. Mr. Porada brought up en email the city received from Mr. Jim Brink objecting to the city granting permission to this person to expand his garage, that he had done a lot of construction already such as digging a new basement entrance and a new deck, had left the waste dirt from the old projects in the back, and felt that the additional dirt dug up in Mr. Johnston's yard has aggravated the flooding issue in his yard. Mr. Johnston explained that the waste dirt from previous projects had been hauled away, and the dirt Mr. Brink saw was from his recent digging. Further, the recent dirt dug up would be either graded or backfilled depending on the outcome of the meeting. He explained that there was a least a three-foot drop from the garage to Mr. Brink's yard. Mr. Johnston stated he would grade the property when he was done. Board Member Porada asked if he had done any construction in 2006, 2007, and 2008. Mr. Johnston stated that he had not. He further explained that he had started digging for the basement in 2009, but that had not caused any flooding to the other property. He had dug fourteen feet wide by approximately five feet deep, and tied it into the existing foundation. He had all the property permits, put in a sump pump, which he had to trench out into the backyard in 2010, and had built a deck. Mr. Johnston stated that if approved, he would pull permits and would start pouring the foundation and build the garage in the spring of 2012. Board Member Saletnik confirmed that Mr. Johnston had pulled all the correct permits and would pull the appropriate permits for the proposed project. Mr. Johnston is trying to improve his property, and as he has done in the past, would do it in an appropriate fashion for this project. Board Member Szabo asked about the proposed garage — with a one-man door, two overhead garage doors, and a single overhead door in the back of the garage. Mr. Johnston explained that it was really a three-car garage, but would be using the back overhead door for use of parking a trailer or boat, or just as storage area. Case #11-033-V - 1493 Maple Street August 9, 2011 Page 3 Hofherr stated that if he changed the elevation of his property, this might increase the possibility of flooding to his neighbor. He also wanted it confirmed that he would haul away the excess dirt. Mr. Johnston confirmed that he would haul away the excess dirt and would return the yard to the original grade. He would also need to pull a permit to pour concrete pad in the back for the trailer and would increase impervious surface. Mr. Saletnik asked staff about limitations on imperious surface. Mr. Johnston stated he should not have any problems as he had a large lot, it was just a unique configuration. Mr. Mangum explained that there is not currently an ordinance to limit impervious surface area, however, the draft Unified Development Ordinance does include such limitations. There were no objections, except for the email from Mr. Brink, as no one was in the audience to voice any objections. Chairman Seegers asked for the report to be read in by Mr. Mangum. 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 allow 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 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' of frontage on Maple Street and is approximately 200' 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 8,125 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 of the existing garage. The existing 400 square foot garage is set back 2.53' from the north property line. The applicant proposes 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 existing garage. The proposed addition would follow the existing building line and therefore encroach into the required 5' setback. Recommendation: Staff recommends approval of the above -requested accessory structure 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 addition would not project any further than the existing building line of the garage. In addition, 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 variance for the side -yard setback in the R-1 zoning district. Board Member Szabo stated he saw no reason to deny approval. A motion was made by Board Member Szabo, seconded by Board Member Catalano for approval. Case #11-033-V - 1493 Maple Street August 9, 2011 Page 4 AYES: Catalano, Szabo, Saletnik, Seegers, Hofherr, Porada NAYES: None MOTION CARRIED The meeting was adjourned at 8:10 p.m. by unanimous voice vote. Sincerely, A.W. Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals