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01/08/2013 DES PLAINES ZONING BOARD OF APPEALS January 8, 2013 MINUTES The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, January 8, 2013, 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, 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 at 7:33 P.M. Chairman Seegers directed that the following case would be heard: Case 12-073-V: The petitioner is requesting a variation to Section 7.2-5D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a new deck with a 0’ side-yard setback, where a minimum side-yard setback of 5’ is required by code within the R-2 zoning district. A motion was made by Board Member Hofherr seconded by Board Member Szabo to approve the minutes of the December 11, 2012, hearing. AYES: Hofherr, Szabo, Catalano, Saletnik, Schell, Seegers NAYES: None ABSTENTIONS: Porada MOTION CARRIED ***** 1776 Orchard Street Case 12-070-CU The petitioner is requesting a variation to Section 7.2-5D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a new deck with a 0’ side-yard setback, where a minimum side-yard setback of 5’ is required by code within the R-2 zoning district. Petitioner: Michael Knapp, 1776 Orchard Street, Des Plaines, IL 60018 Owner(s): Michael Knapp, 1776 Orchard Street, Des Plaines, IL 60018 The following individual was sworn in: Michael Knapp Mr. Knapp briefly described the request noting that the Georgian style duplex was built up to the property line. An addition of a patio door from the dining room would serve the new 17’-wide by 12’-deep deck. Chairman Seegers asked if the deck would be up to the north property line, but in compliance with the setback from the south property line. Mr. Knapp confirmed such. Case # 12-073-V 1776 Orchard Street January 8, 2013 Page 2 Chairman Seegers inquired about the building materials. Mr. Knapp stated that the deck would be constructed of wood by Durabuilt contractors and that the construction would comply with building code. Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: Issue: The petitioner is requesting a variation to Section 7.2-5D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a new deck with a 0’ side-yard setback, where a minimum side-yard setback of 5’ is required by code within the R-2 zoning district. Analysis: Address: 1776 Orchard Street Existing Zoning: R-2, Two-Family Residential District Petitioner: Michael Knapp, 1776 Orchard Street, Des Plaines, IL 60018 Owner(s): Michael Knapp, 1776 Orchard Street, Des Plaines, IL 60018 PIN: 09-28-109-095-0000 In reviewing this variation request, staff has considered the following information: The 27-foot by 126.08-foot (3,404 square foot) lot at 1776 Orchard Street is non-conforming with regards to lot width (45’ would be required of a new subdivision), but exceeds the minimum lot size of 2,800 square feet per dwelling unit. A two-story, attached single-family residence with a detached garage currently exist on site. The house is built with a 0’ side-yard setback, as it shares a common wall with the house to the North. The R-2 zoned block is developed in a similar pattern. The applicant proposes to construct a 17-foot by 12-foot deck attached to the rear of the residence with a Northern side-yard setback of 0-feet instead of 5-feet. A variation was granted in 2003 (Case#03-056-V) for 3.5-foot side and rear- yard garage setbacks. 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 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 width of the lot is non-conforming, creating a hardship by limiting the usable size of a deck outside of the side-yard setback. The primary structure is also already developed with a 0’ side-yard setback on the Northern property line. Chairman Seegers asked for members of the audience either in support of or in opposition to the proposal. There were none. Chairman Seegers asked for a motion by the Board. A motion was made by Board Member Schell seconded by Board Member Catalano to approve a side-yard setback variation to authorize the construction of a new deck with a 0’ side-yard setback, where a minimum side-yard setback of 5’ is required by code within the R-2 zoning district. AYES: Schell, Catalano, Hofherr, Porada, Saletnik, Seegers, Szabo NAYES: MOTION CARRIED ***** Meeting adjourned at 7:42 p.m.