ZONING ADMINISTRATOR MEETING. MONDAY, JANUARY 28, :00 p.m. WINNETKA VILLAGE HALL COUNCIL CHAMBERS 510 GREEN BAY ROAD

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1 ZONING ADMINISTRATOR MEETING MONDAY, JANUARY 28, :00 p.m. WINNETKA VILLAGE HALL COUNCIL CHAMBERS 510 GREEN BAY ROAD 1. Call to Order. AGENDA 2. Case No ZA Garland Avenue: An application submitted by Sonia and Michael Esler seeking approval of a zoning variation to allow a new window opening in the west side building wall of the existing residence at 663 Garland Avenue. The requested zoning variation would permit structural changes necessary to add a window in the legally nonconforming west side building wall that provides less than the minimum required side yard setback. The Zoning Administrator has final jurisdiction on this request. 3. Case No ZA Cherry Street: An application submitted by Christopher and Jacquelyn Peters seeking approval of a zoning variation to allow a window well on the east side of the existing residence at 1163 Cherry Street. The requested zoning variation would permit the window well to provide less than the minimum required side yard setback from the east property line. The Zoning Administrator has final jurisdiction on this request. 4. Public Comment. 5. Adjournment. Note: Public comment is permitted on all agenda items. NOTICE All agenda materials are available at villageofwinnetka.org (Government > Boards & Commission > Agenda Packets). The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that all persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois 60093, (Telephone (847) ; T.D.D. (847) ). 510 Green Bay Road, Winnetka, Illinois Administration and Finance (847) Fire (847) Police (847) Community Development (847) Public Works (847) Water and Electric (847)

2 NOTICE OF WINNETKA ZONING ADMINISTRATOR PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Winnetka Zoning Administrator on MONDAY, JANUARY 28, 2019 AT 4:00 P.M. in the Council Chamber of the Winnetka Village Hall at 510 Green Bay Road, Winnetka, Illinois for the purpose of considering the following: CASE NO ZA 663 GARLAND AVENUE An application submitted by Sonia and Michael Esler (the Applicants ), as the owners of the property located at 663 Garland Avenue (the Subject Property ), to allow a new window opening in the west side building wall of the existing residence on the Subject Property. The Applicants have filed an application seeking the following variation from the Zoning Ordinance: 1. A variation to allow structural changes necessary to add a window in the legally nonconforming west side building wall that provides less than the minimum required side yard setback of 9 feet. The Subject Property (Parcel Index Number ) is generally located on the north side of Garland Avenue between Forest Street and Church Road and is zoned R-5 Single Family Residential. The Subject Property contains an existing two-story residence and detached garage. At said public hearing and at any adjournment thereof, all persons interested are invited to attend and be heard. Additional information concerning this application may be obtained from the Village of Winnetka Department of Community Development, 510 Green Bay Road, Winnetka, Illinois, 60093, or phone (847) The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting facilities, contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois [Telephone: (847) ; T.T.Y.: (847) ]. 510 Green Bay Road, Winnetka, Illinois Administration and Finance (847) Fire (847) Police (847) Public Works (847) Water and Electric (847)

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7 1/22/2019 GIS Consortium MapOffice 663 Garland Avenue ft Map created on January 22, GIS Consortium and MGP Inc. All Rights Reserved. 1/2

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10 NOTICE OF WINNETKA ZONING ADMINISTRATOR PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Winnetka Zoning Administrator on MONDAY, JANUARY 28, 2019 AT 4:00 P.M. in the Council Chamber of the Winnetka Village Hall at 510 Green Bay Road, Winnetka, Illinois for the purpose of considering the following: CASE NO ZA 1163 CHERRY STREET An application submitted by Christopher and Jacquelyn Peters (the Applicants ), as the owners of the property located at 1163 Cherry Street (the Subject Property ), to allow a window well on the east side of the existing residence on the Subject Property. The Applicants have filed an application seeking the following variation from the Zoning Ordinance: 1. A variation to provide less than the minimum required side yard setback of 6 feet. The Subject Property (Parcel Index Number ) is generally located on the north side of Cherry Street between Berkeley Avenue and Glendale Avenue and is zoned R-5 Single Family Residential. The Subject Property contains an existing two-story residence and detached garage. At said public hearing and at any adjournment thereof, all persons interested are invited to attend and be heard. Additional information concerning this application may be obtained from the Village of Winnetka Department of Community Development, 510 Green Bay Road, Winnetka, Illinois, 60093, or phone (847) The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting facilities, contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois [Telephone: (847) ; T.T.Y.: (847) ]. 510 Green Bay Road, Winnetka, Illinois Administration and Finance (847) Fire (847) Police (847) Public Works (847) Water and Electric (847)

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13 Phone: Architectural Office of K. O'Brien January 7, 2019 Village of Winnetka Zoning Department Job Site: 1163 Cherry Re: Zoning variance to allow egress window well to protrude into side yard setback. To Whom It May Concern, APPLICATION: Nature of restriction & explanation of variance: 1. Nature of Restrictions on Property: a. We are requesting a variance to allow an egress window from the existing basement to protrude 12 into the side yard setback. The property owner wishes to finish the existing basement and an egress window is required by code for life safety. b. The existing single family house was build close to or over a hundred years ago when a different zoning code was in place. The existing home does not have the sufficient space on the east side of the house to allow the installation of an egress window from the basement that is 3-0 deep without protruding into the side yard setback by 12 inches. c. The current code prohibits an egress window from being placed on the front elevation. The west side of the house has a driveway. The rear of the house has a permitted addition built in 2007 with storm water drainage built into the crawl space and as a result blocks any access to the rear setback. The only place to place an egress window from the existing basement is on the east elevation as proposed. d. Currently there is only enough space for a 2-0 deep egress well unless the side yard setback is utilized. An additional 12 from the side setback is required for a legally complying egress window from the basement that is 3-0 deep. e. At that time, in 2007, when the addition was granted a permit the village required an egress window to be installed and for the egress window NOT encroach into the side setback in questions. The well was only going to be 2-0 deep to avoid protruding into the required setback. For some reason unknown, the egress window was NOT installed in 2007 when the addition was built. 2. Explanation of Variation Requested: Page 1 of 2

14 Phone: Architectural Office of K. O'Brien a. The new owners are looking to finish the basement for additional play area for their young children and for storage. A finished basement/play area is typically expected in homes in this area and is an efficient use of space verse building outward. Under any reasonable expectation, an egress window is required for today s safety standard and fire code. Not having a safe means of egress from the basement can result in the loss of life in the event of a fire. The proposed window well would encroach 12 inches into the required/existing side yard setback. It should be noted that the building will not encroach, this is a request to allow the well that would sit at and below grade to be 3-0 deep overall. The current setback allows for a 2-0 deep well but building code requires a 3-0 deep well to provide adequate space to allow the emergency window from the basement to full open and allow someone to crawl out for safety in the event of a fire. As Architect of record, if you have any additional questions comments or corrections please contact me at your convenience at or Regards, Kathy O Brien Page 2 of 2

15 Phone: Architectural Office of K. O'Brien January 7, 2019 Village of Winnetka Zoning Department Job Site: 1163 Cherry Re: Zoning variance to allow egress window well to protrude into side yard setback. To Whom It May Concern, Per the Standards for Granting of a Zoning Variance, the flowing questions of been answered: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone. a. The new owners are looking to finish the basement for additional play area for their young children and for storage. A finished basement/play area is typically expected in homes in this area and is an efficient use of space verse building outward. Under any reasonable expectation, an egress window is required to today s safety standard and fire code. Not having a safe means of egress from the basement can result in the loss of life and be a deterrent to a future buyer. The window well would only encroach 12 inches into the required side setback at and below grade. 2. The plight of the owner is due to unique circumstance. Such circumstances must be associated with the characteristics of the property in question, rather than being related to the occupants. a. The plight is unique to the age of the building and its position on the property. At the time the property was built egress windows were not required. The side driveway prohibits a window being installed on that side. The rear crawl space flood space prohibits placement of an egress well. Front elevations are prohibited from having an egress window. The only side left is the proposed location. 3. The variation, if granted, will not alter the essential character of the locality. a. There would be no visual impact to the community. The existing front yard vegetation would remain in place. The window well would be at and below grade and therefore not visible. Page 1 of 2

16 Phone: Architectural Office of K. O'Brien 4. An adequate supply of light and air to the adjacent property will not be impaired. a. There would be no impact in any manner to the existing light and vent by the neighboring property. The window well would be at and below grade and therefore not visible. 5. The hazard from fire and other damages to the property will not be increased. a. The hazard from fire would be decreased with the granting of a variance to this property. 6. The taxable value of the land and buildings throughout the Village will not diminish. a. The taxable value of the land and buildings throughout the village would not be negatively impacted by the installation of an egress window that encroaches 12 inches into a side setback on a residential lot with mature landscaping. 7. The congestion in the public street will not increase. a. The egress window will not impact the congestion on the public street. 8. The public health, safety, comfort, morals, and welfare of the inhabitants of the Village will not otherwise be impaired. a. Public health, safety, comfort, morals and welfare of the inhabitants of the village will not be impacted negatively and the health, safety and welfare of the property owners would be increased with the egress window. As Architect of record, if you have any additional questions comments or corrections please contact me at your convenience at or Regards, Kathy O Brien Page 2 of 2

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18 1/22/2019 GIS Consortium MapOffice 1163 Cherry Street ft Map created on January 22, GIS Consortium and MGP Inc. All Rights Reserved. 1/2

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