06/14/2011'// \I' DES PLAINES ZONING BOARD OF APPEALS
is JUNE 14, 2011
MINUTES
DES PLAINES
ILLINOIS
The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, June 14,
2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD OF APPEALS
PRESENT: Catalano, Porada, Seegers, Szabo
ABSENT: Hofherr, Saletnik
Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development, and Chan
Yu, Associate Planner.
Chairman Seegers called the meeting to order at 7:40 P.M.
Case Number: 11-024. CU
Address: 655 Seegers
Petitioner/Owner:
Continued to June 28, 2011.
Case Number: 11-015-V
Address: 1388 Fargo Avenue
Petitioner/Owner: Juan Be La Rosa, 1388 Fargo Avenue, Des Plaines, IL 60018
Request: The petitioner is seeking approval for a variation to Section 7.2-6D of the City of Des Plaines Zoning
Ordinance, as amended, to convert a patio into a porch by constructing a roof with a 1325 -foot setback instead of
the required 25 -foot front yard setback.
Petitioner, Juan De La Rosa, was sworn in. He stated that he wanted a place for his children to play and keep safe.
Chairman Seegers asked the petitioner if he had any sketches of what he wanted to build and the type of material to
be used.
Mr. De La Rosa stated the roof would be plastic shingles and 4x4 wood from Menards. He would also replace the
front door. The roof would run the entire length of the house
Further, he will lose a parking space but would be parking on the street.
Board Member Szabo asked if there were any assigned parking spaces behind the building. Mr. De La Rosa stated
they did have one assigned parallel parking spot and on -street parking.
Chairman Seegers asked if there were members of the audience in favor or opposed to the proposal. There were
none.
Chairman Seegers called for the status report to be read by Chan Yu
Case #10-062-V - 235 N. Wolf Road
March 8, 2011
Page 2
Issue: The petitioner is seeking approval for a variation to Section 7.2-6D of the City of Des Plaines Zoning
Ordinance, as amended, to convert a patio into a porch by constructing a roof with a 13.25 -foot setback instead of
the required 25 -foot front yard setback.
Analysis: The subject property is located on a corner lot and is approximately 86 feet long by 43 feet wide or 3,698
square feet in area. It is a legal nonconforming lot given the minimum corner lot width requirement of 55 feet
(Attachment 2). The parcel contains a 565 square foot two story brick and frame townhouse (Attachment 3). The
illustration of the proposed roof submitted by the petitioner shows that it is 28 feet long by 12 feet wide or 336
square feet in area (Attachment 4). Given the proposed 12 -foot width, the front yard setback would be 13.25 feet
versus the required 25 feet per City Ordinance. Therefore, a standard variation is needed since this exceeds the
requirement by more than 30 percent; or in this case 47 percent.
The proposed roof would be considered a structure and calculated towards the lot building coverage. The addition
with the existing home would equal 817 square feet or 24 percent of the lot. However, there is no maximum
building coverage restriction in the R-3 Townhouse Residential district, per the City Ordinance.
Based on the submitted application, the petitioner is proposing to construct a roof over an existing concrete patio on
the subject property to mitigate the hardship of not being able to shelter his children from the weather (Attachment
1). The patio however, serves also as a parking pad as evidenced by the parked automobile and auto gate shown in
Attachment 5. Therefore, staff has acknowledged that the proposed porch would also function as a carport. Per City
Ordinance, neither open porches nor open off-street parking spaces are permitted in the front yard.
Existing Zoning:
R-3, Townhouse Residential
Address:
1388 Fargo Avenue
Petitioner:
Juan De La Rosa
Owner:
Juan De La Rosa
Recommendation: Staff recommends denial of the requested variation based on review of the information
presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Variations) as outlined within
the City of Des Plaines Zoning Ordinance. The subject property is not physically unique to the neighborhood and
denial of the proposed porch/carport with a 13.25 -foot front yard setback would not cause a unique hardship.
Conversely, to support the request would conflict with the purpose of the Zoning Ordinance imposed by Section 1.3-
4 (Purpose) which seeks to `Establish standards to which uses, buildings, and structures within each district shall
conform, therein restricting and regulating their location, construction, reconstruction, or alteration". To that end,
constructing a porch/carport in the front yard of the subject property would not be harmonious with the existing
homes in the neighborhood (Attachment 6). In addition, the proposed porch/carport would essentially be expanding
upon non -permitted structure and uses in the front yard.
Board Member Catalano asked if the parking pad was legal. Mr. Mangum stated it was not and that they were not
able to find any permits for the installation of the parking pad.
Board Member Catalano asked if the Petitioner installed the parking pad. Mr. De La Rosa stated it was there when
he bought the house.
Board Member Szabo stated it would not conform to the neighborhood and he would deny it.
Case #10-062-V - 235 N. Wolf Road
March 8, 2011
Page 3
Board Member Porada mentioned that he concurred with Board Member Szabo and staff's recommendation for
denial. Further, one of the major factors is if there is a hardship to the homeowner. The Petitioner is not under any
hardship. He stated that it would set a bad precedent.
A motion was made by Board Member Szabo, seconded by Board Member Porada, to recommend deny a variation
to Section 7.2-61) of the City of Des Plaines Zoning Ordinance, as amended, to convert a patio into a porch by
constructing a roof with a 13.25 -foot setback instead of the required 25 -foot front yard setback.
AYES: Catalano, Porada, Seegers, Szabo
NAYS:
MOTION CARRIED
0000
The meeting was adjourned at 7:55p.m. by unanimous voice vote. The next meeting of the Des Plaines Zoning
Board of Appeals is on Tuesday, June 28, 2011.
Sincerely,
A.W. Seegers, Chairman
Des Plaines Zoning Board of Appeals
cc: City Officials
Aldermen
Zoning Board of Appeals