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/I CITY OFN
DES PLAINES ZONING BOARD OF APPEALS
n U %September 25, 2012
MINUTES
DES PLAINES
ILLINOIS
The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, September
25, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD OF APPEALS
PRESENT: Catalano, Hothea, Porada, Saletnik, Schell, Seegers, Szabo
ABSENT: None
Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development.
Chairman Seegers called the meeting to order at7:33 P.M.
Chairman Seegers stated that Case 12 -050 -CU would not be heard and instead would be continued to October 9,
2012.
Chairman Seegers directed that the following case would be heard:
Case 12-052-V (cont'd from 9-11-12):
The petitioner is requesting a variation to Section 7.2-4-D of the 1998 City of Des Plaines Zoning Ordinance, as
amended: to authorize the construction of an addition to an existing single family residence with a building coverage
of approximately 34%, where a maximum of 30% is allowed within the R-1 Zoning District.
A motion was made by Board Member Szabo seconded by Board Member Saletnik to approve the minutes of
the September 11, 2012, hearings as submitted.
Board Members Hotherr and Catalano abstained.
AYES: Porada, Salemik, Schell, Seegers, Szabo
NAYES: None
MOTION CARRIED
378 Eiehth Avenue (cont'd from 9-11-12)
Case 12-052-V
The petitioner is requesting a variation to Section 7.2-4-D of the 1998 City of Des Plaines Zoning Ordinance, as
amended: to authorize the construction of an addition to an existing single family residence with a building coverage
of approximately 34%, where a maximum of 30% is allowed within the R-1 Zoning District.
Petitioner: Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
Owner: Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
Petitioners were not sworn in because they were sworn in at the September 11, 2012 ZBA meeting.
Petitioners explained to the Board their request for an addition. Petitioner presented drawings to help visualize the
proposed addition.
Case # 12-052-V 378 Eighth Avenue (cont'd from 9-11-12)
September 25, 2012
Page 2
Board Member Porada asked Petitioner if he was requesting a 34 foot length garage.
Petitioner said he was.
Board Member Porada referred to the September 11, 2012 minutes regarding the types of vehicles Petitioner planned
on keeping in the garage (a Toyota Sienna and a Toyota Matrix) and asked Petitioner if he still planned on keeping
them and what their respective lengths were.
Petitioner said he did plan on keeping both vehicles. He said the Sienna is 16 feet and the Matrix is 14 feet.
Board Member Porada said he had been at the proposed site several times and has observed that the vehicles, when
parked where the proposed garage will be, always extend past the house line. For ten consecutive business days he
has observed this.
Petitioner said that is because there is chest in front of the cars that has a three foot depth and is positioned roughly
one foot away from the house. He plans on removing this chest once a garage is constructed.
Board Member Porada said that with the depth of the chest taken into account with the measurements of the vehicles
Petitioner plans on keeping (the Sienna and Matrix), the total measurement would be 34 feet, which is what
Petitioner is requesting. He reiterated that the vehicles extend beyond the front house line and expressed doubt as to
whether Petitioner would be able to fit the vehicles in the 34 foot length garage he is requesting and not extend
beyond the front house line.
Chairman Seegers told Board Member Porada that he is making assumptions with his line of questioning. Chairman
Seegers said Board Member Porada is assuming they will be parking in the same manner as they currently do, which
is not bumper to bumper despite Petitioners saying they would be parking bumper to bumper in the proposed garage.
Board Member Porada said, respectfully, that Chairman Seegers had not been out to the site in the last ten
consecutive business days so he has not observed what Board Member Porada has. Board Member Porada said
during the ten consecutive days that he has driven past the site, at no time has the rear bumper of the eastern most
parked car ever been at a point west of the front line of the house.
Board Member Catalano said it would not be reasonable to expect Petitioners to park nose up to the chest and
bumper to bumper when there is no reason to at this time.
Board Member Porada said the primary point of his questioning is one of credibility. He said the need for an
addition to park two cars does not make sense and it is apparently the whole point of the hardship. He said the only
way this works, based on a typical 18 foot garage length, is a 36 foot addition or there is never any possibility of the
two vehicles being parked in the proposed garage.
Board Member Szabo said if Petitioners want two cars in the garage, they'll make them fit. They may sell the cars
they have now and get two Smart Cars. He said it does not make sense for them to build a garage for two cars and
not have them fit.
Board Member Saletnik said a one car garage today is a hardship, period. He said you always have to do stuff to get
more storage and who cares if they only use the garage for storage and don't even use it to park their cars. He said it
makes sense to build it to avoid snow accumulation. He said what the Petitioners are proposing will not detract from
the appearance of the neighborhood, it will not stick out like a sore thumb, there are a lot of large roof lines in the
neighborhood already, and a small variation that would not be noticeable by anyone driving by would not harm the
community. He said it would be charitable and kind to help a fellow resident have a little better lifestyle in the City
of Des Plaines.
Board Member Szabo said the house is in need of an update. He liked Petitioner's presentation and thinks Petitioner
is improving the neighborhood.
Board Member Catalano said the average length of an American is 15.5 feet. He said it is entirely feasible to fit two
cars in a 34 foot garage based upon this figure.
Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report.
Case # 12-052-V 378 Eighth Avenue (cont'd from 9-11-12)
September 25, 2012
Page 3
Mr. Mangum summarized the following staff report for the record:
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 1 1/2 -story addition to an existing single family residence with a
building coverage of approximately 34%, where a maximum of 30% is allowed within the R-1 zoning district.
Analysis
Address: 378 Eighth Avenue
Existing Zoning: R-1, Single Family Residential District
Petitioner: Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
Owner(s): Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
PIN: 09-07-403-015-0000
In reviewing this variation request, staff has considered the following information:
The 50' by 123.95' (6,198 square foot) lot at 378 Eighth Avenue is a legal nonconforming lot with regards to both
lot width and lot size in the R-1 District. A one story frame single-family residence with driveway and 84 square
foot shed currently exist on site. The applicant proposes to add approximately 385 square feet to the footprint
through a second story addition that would also add first floor area for an attached garage. The applicant states that
the addition will provide indoor parking area for up to two vehicles in a tandem arrangement and attic storage space.
The existing house and attached garage cover approximately 26.1% of the lot The proposed addition would place
the total building coverage at approximately 2,104 square feet (34%), where the zoning ordinance allows a
maximum building coverage of 1,859 square feet (30%).
Per Section 3.6-6 of the Zoning Ordinance, lot coverage of up to 20% over the maximum requirements may be
allowed with a standard variation. The applicant has also requested a building code variation to allow an 18' -wide
driveway that would be wider than the garage (parking pad). The City Council has authority over that request.
Recommendation: Staff recommends disapproval of the above -requested lot coverage 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. Staff is recommending disapproval of
the requested 34% lot coverage variation, but would support approval of a more limited addition of a one -car garage.
A garage with a depth of 24 feet, for example, would allow for a visual break between the fagade of the garage and
the front fagade of the house while limiting the lot coverage to less than 32%.
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 lot coverage for an addition to a
single-family residence in the R-1 zoning district.
Chairman Seegers asked if there were any questions from the Board.
There were none.
Petitioner presented the Board with pictures of the proposed site after a snowfall.
Chairman Seegers asked if anyone in the audience was in favor of the proposal.
The following individual was sworn in:
Anne Coogan, Cornell Ave., Des Plaines, IL
Case # 12-052-V 378 Eighth Avenue (cont'd from 9-11-12)
September 25, 2012
Page 4
Ms. Coogan expressed doubts as to whether anyone in the neighborhood be upset with the proposed addition. She
gave an example of a six car garage in the area that no one has expressed concern over.
Board Member Hofherr asked if the recommendation could be amended to include a statement saying that if
Petitioners wished to use the additional space being constructed as habitable space rather than storage, that
Petitioners obtain the proper building permits and approval from the City to do such. He said he has had experience
in his previous position that once a space is enclosed, permits are not obtained and the owners do not seek City
approval to make a space habitable. Board Member Hotherr said he did not want to restrict Petitioners to storage
space, but merely wanted a condition that if Petitioners decided to change the space to habitable space, that they
obtain the proper permits and City approval.
A motion was made by Board Member Szabo seconded by Board Member Saletnik to approve a variation to
Section 7.2-41) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction
of a 1 1/2 -story addition to an existing single family residence with a building coverage of approximately 34%,
where a maximum of 30% is allowed within the R-1 zoning district with the following amendment:
If the second story addition is converted into a habitable space, all proper permits must be issued by
the City of Des Plaines.
AYES: Catalano, Holbert, Saletnik, Seegers, Szabo
NAYES: Schell
Board Member Porada abstained.
MOTION CARRIED
Meeting adjourned at 8:16 p.m.