Agenda Village of Homer Glen PLAN COMMISSION Thursday, July 5, :00 p.m. Village Board Room, W. 151 st Street, Homer Glen

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1 Agenda Village of Homer Glen PLAN COMMISSION Thursday, July 5, :00 p.m. Village Board Room, W. 151 st Street, Homer Glen 1. Call to Order. 2. Pledge of Allegiance to the Flag. 3. Roll Call. 4. Public Comment. 5. Minutes. June 14, New Business. a) HG-1817-V, W. Carroll Drive (Public Hearing): Consideration of a Variance to reduce the required rear yard setback for the proposed dwelling from thirty (30) feet to twenty (20) feet for certain real property located in the R-4 Single-Family Residential District at W. Carroll Drive, Homer Glen, Illinois. 7. Reports of Plan Commissioners and Staff (includes Old Business). 8. Adjourn. DISABLED: Any individual requiring special accommodations as specified by the Americans with Disabilities Act is requested to notify the Village Clerk of Homer Glen at at least 24 hours in advance of the meeting date. Page 1 of 1

2 Plan Commission Minutes of the Meeting on June14, 2018 DRAFT Village of Homer Glen W 151 st Street, Homer Glen, IL Community Room

3 Plan Commission Minutes June 14, Call to Order. The meeting was called to order at 7:00 p.m. by Chairman Mitchell. 2. Pledge of Allegiance to the Flag. Director of Planning and Zoning Vijay Gadde swore in new Plan Commissioner Jerry Young. 3. Roll Call. Members present at 7:00 p.m. were Chairman Don Mitchell, Member Beth Verdun, Member Jerry Young, Member Lynn McGary, and Member Bryan Kozor. Also present were Director of Planning and Zoning Vijay Gadde and Assistant Planner Kyle McGinnis. 4. Public Comment. None. 5. Minutes. a) May 3, 2018 Chairman Mitchell stated that the minutes from the May 3, 2018 Plan Commission meeting were being presented for approval. Member McGary made a motion to approve the minutes from the May 3, 2018 meeting as amended (add assuming no permission is granted to the last line of paragraph 2 under item 7); seconded by Member Kozor. The motion passed unanimously. Director of Planning and Zoning Gadde swore in persons in attendance who intended to speak during the meeting s public hearings. 6. New Business. a) HG-1814-S, S. Lemont Road (Public Hearing): Consideration of a Major Change to the PUD Ordinance to allow additional living quarters for clergy associated with the temple located at S. Lemont Road, Homer Glen, Illinois. Planning and Zoning Director Gadde explained that the subject property, the Hindu temple, was originally approved as a Planned Unit Development (PUD) in 2003 through Ordinance No This approval included the existing living quarters for clergy as 2 Page

4 Plan Commission Minutes June 14, 2018 an accessory building to the temple. Now, the applicant is proposing a second living quarters, immediately to the south of the existing building. Major changes to the PUD may be approved only by submission and reconsideration of a new site plan and supporting data. The plans are reviewed per the requirements of (PUD Development Standards) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen. The preliminary site plans appear to comply with the site development requirements in the Zoning Code, including the site design criteria, parking, landscaping, sign regulations and lighting, with exception of the separation between the existing and proposed living quarters. The applicant is proposing to add five new trees as part of the perimeter landscaping. Mr. Firmin Senga from Senga Architects was present, representing the applicants. He stated that this new building will be three (3) floors, with the uppermost floor acting as living quarters for the priest and the lower floors dedicated for multi-purpose classrooms, study rooms and guest rooms. A motion to open the public hearing in Case No. HG-1814-S was made by Member Verdun, seconded by Member McGary. Voice vote taken, all in favor, none opposed. Motion carried. Chairman Mitchell called for questions or comments from the public. Ms. A Alcala from W. 147 th Street questioned if anything will be done to alter the pond or the flow of water to and from the pond as it drains into her property and she does not want the drainage to increase. Mr. Senga stated that nothing will change as far as drainage to her property. Chairman Mitchell assured her that the Village of Homer Glen Building Department will review the proposals to ensure issues do not arise. He suggested that she stay in touch with Building Official Joe Baber. Chairman Mitchell called for further questions or comments from the public. Hearing none, he called for a motion to close the public hearing. A motion to close the public hearing in Case No. HG-1814-S was made by Member Verdun, seconded by Member McGary. Voice vote taken, all in favor, none opposed. Motion carried. Chairman Mitchell asked what the separation between the existing building and the new building will be. Mr. Senga stated that it is about fifteen (15) feet. 3 Page

5 Plan Commission Minutes June 14, 2018 Member Verdun asked how many residents are in the existing building. Mr. Senga stated that there are three (3). Member Verdun asked if that will increase. No, the new building will be for guests, with multi-purpose rooms on the lower to floors and a resident priest on the upper floor. Chairman Mitchell asked if there will be permanent clergy in the new building. Mr. Senga stated that they are expecting there to only be one (1) priest living there. Member Verdun asked if and how the two buildings will be connected, will there be a sidewalk? Mr. Senga stated that they will be so close to each other that a formal sidewalk will not be necessary. There will be ample walking space on either side of the driveway leading to both building for walking. Chairman Mitchell suggested adding a formal walkway before presenting to the Village Board. He asked what they use as their main entrance. Mr. Senga stated that they use the entrance off S. Lemont Road as the main entry and exit point. Member Young asked when the gate at W. 147the Street is closed. Mr. Senga stated that it is always closed. The entrance on W. 147 th Street is never used. Member McGary asked if there will be full time residents in both buildings. Mr. Senga stated there will be one (1) person living in each building full-time. Member Kozor asked why the buildings are so close to each other. Mr. Senga stated that because of the required fifty (50) foot setback, the building cannot be located closer to the property line along W. 147 th Street. Member McGary made a motion to adopt staff s findings as the findings of the Plan Commission and to recommend approval of a Major Change to the PUD Ordinance to construct additional living quarters for clergy associated with the temple located at S. Lemont Road, Homer Glen, Illinois. The motion was seconded by Member Kozor. Roll call was taken. In favor (5) Member Young, Verdun, Kozor, McGary, and Chairman Mitchell. Opposed (0) none. Absent (2) O Donnell, Backal. Abstain (0) none. The motion was passed. b) HG-1815-PSV, S. Hidden Cove Court (Public Hearing): Consideration of: (1) a Preliminary and Final Plat for the consolidation of Lots 7 and 8 of the Hidden Cove at Spaniel Lake West subdivision; (2) Variances, including (a) a Variance to increase the maximum permitted gross width of driveways located on the subject property from twenty-eight (28) feet to forty-eight (48) feet, (b) a Variance to reduce the required side yard setback for the proposed accessory structure from twenty (20) feet to ten (10) feet, (c) a Variance to increase the maximum permitted gross area of accessory structures from eight hundred (800) square feet to two thousand six hundred eighty-two (2,682) 4 Page

6 Plan Commission Minutes June 14, 2018 square feet, (d) a Variance to increase the maximum permitted height of the proposed accessory structure from fifteen (15) feet to seventeen (17) feet, and (e) a Variance to increase the maximum permitted number of garage bays facing the public right-of-way from three (3) bays to five (5) bays; and (3) Special Use Permit to permit an in-ground swimming pool and associated pool house in the side yard of the subject property for certain real property located in the R-2 Single- Family Residential District at S. Hidden Cove Court, Homer Glen, Illinois. Assistant Planner McGinnis explained that the applicant, Matthew Ebert, owns and lives on the subject property at S. Hidden Cove Court. This property is considered Lot 8 of the Hidden Cove at Spaniel Lake West subdivision, near the intersection of W. 167 th Street and S. Will Cook Road. The applicant also owns Lot 7 of this subdivision, a vacant lot which borders the north boundary of Lot 8. Of the applicant s varying requests, the first is to consolidate Lots 7 and 8 into a single parcel. In addition to this consolidation, the applicant has applied for multiple Variances and a Special Use Permit, which will be described below in greater detail. A Utility & Geometric Plan depicts a large conservation easement that overlays the majority of both properties in relation to the site s existing conditions and proposed changes. In early 2018, the Plan Commission and Village Board reviewed and approved a similar set of requests for the applicant Jerry Sullivan (HG-1807-V), who resides at W. Erin Lane in the Erin Hills subdivision. Mr. Sullivan had requested several Variances in order to build a large combined detached garage and pool house as well as an associated secondary driveway on his property, which consisted of two lots previously consolidated. Per Code, properties zoned R-2 Single-Family Residential are permitted up to eight hundred (800) square feet of area for all accessory structures. Because Lots 7 and 8 have been proposed for consolidation, Village staff would be able to administratively approve doubling this allowance to one thousand six hundred (1,600) square feet; however, the applicant s proposal includes a single two thousand six hundred eightytwo (2,682) square foot combined detached garage and pool house. This would require the issuance of a Variance. Please note that this request is similar to a request made as part of HG-1807-V, in which Mr. Sullivan sought a Variance to construct an accessory structure larger than what would have been administratively approved following the consolidation of his properties into a single parcel. In addition, under different circumstances, a full singlefamily home could have been developed on Lot 7. If all of Mr. Ebert s requests are granted approval, the total impervious surface coverage for the newly consolidated lot would only reach twenty two thousand five hundred eight (22,508) square feet, or approximately twenty three (23) percent of the consolidated lot s total area of ninety six thousand four hundred forty-five (96,445) square feet. For reference, properties 5 Page

7 Plan Commission Minutes June 14, 2018 zoned R-2 Single-Family Residential are limited to a maximum impervious surface coverage of thirty (30) percent [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen]; however, due to the conservation easement, further development beyond the scope of the applicant s current proposals will be exceptionally limited. Per Code, accessory structures located in the R-2 Single-Family Residential District are not permitted to exceed a height of fifteen (15) feet 1 [Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen]. The applicant has requested a Variance in order to construct the proposed accessory structure at eighteen (18) feet. Per Code, properties zoned R-2 Single-Family Residential may have up to three (3) garage bays facing the right-of-way; any additional garage bays must be side-loaded in orientation [ A(6) (Garages) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen]. The applicant has proposed three (3) additional garage bays facing the right-of-way as part of the proposed accessory structure. These three (3) proposed garage bays will be in addition to two (2) existing garage bays, attached to the existing dwelling, that face the right-of-way, thereby increasing the proposed number of garage bays facing the right-of-way to five (5) and requiring a Variance. Per Code, swimming pools located in residential zones are only permitted in a property s side yard after the issuance of a Special Use Permit in cases of extreme hardship [ (Permitted obstructions in yards) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen]. Due to the conservation easement, it would be impossible for the applicant to locate a swimming pool or any structure for that matter to the rear of the home as this land is not usable per the conditions of the easement. The applicant has therefore elected to make use of the buildable space that will exist in the side yard following consolidation by applying for a Special Use Permit. Because the accessory structure will be used in association with the pool, it has been included as part of the Special Use Permit. Attorney Mark Kehoskie, the architect, Gabe Garcia, and the property owner, Matthew Ebert were present to answer questions. A motion to open the public hearing in Case No. HG1815-PSV was made by Member Kozor, seconded by Member Young. Voice vote taken, all in favor, none opposed. Motion passed. Chairman Mitchell called for questions or comments from the public. 1 Height is measured as the average of the distances measured from grade to the eave and grade to the ridge of a pitched roof. 6 Page

8 Plan Commission Minutes June 14, 2018 Assistant Planner McGinnis asked that comments/concerns sent to him via from the Home Owners Association be entered into the record. They are as such: Thank you for sending me the proposed plans. After reviewing the proposed plans here are our concerns: A. We are concerned because it was our understanding, per by the bylaws, that there was to be a house on every lot with a minimum price level and square footage requirements. B. Accessory structure is way beyond allowed size and price level, and would not meet guidelines per the bylaws. C. How are we to make sure that going forward that there are not more exceptions to the existing by laws. D. We are concerned that changing the side yard variance will result in the home on lot 6 being too close and deter further growth in area. E. We are concerned over the Curb Appeal since we are uncertain about fencing off of the street (type & height of fencing). F. We are concerned about the Village guidelines for maintaining the grounds G. The association fees are split between all the existing lots. They would need to pay for two lots. Mr. Alan Goldfarb from the Hidden Cove Home Owners Association asked if the plans he sees before him tonight will be what they can expect to see when the job is completed. Chairman Mitchell stated that covenant law is different than Village law. The covenant issues would not be discussed by the Plan Commission, but the comments will be reflected in the minutes. He understands that covenant laws are very difficult to overturn because every owner must sign an agreement to abide by the laws when they purchase their home. He suggested that Mr. Ebert meet with his HOA and keep them informed throughout the process. Chairman Mitchell called for further questions or comments from the public. Hearing none he called for a motion to close the public hearing. 7 Page

9 Plan Commission Minutes June 14, 2018 A motion to close the public hearing in Case No. HG1816-PSVwas made by Member Young, seconded by Member McGary. Voice vote taken, all in favor, none opposed. Motion passed. Member Kozor asked if this accessory structure will have living quarters in it. Assistant Planner McGinnis stated that secondary detached living quarters are not permitted in this zoning district. Mr. Ebert added that he does not have any living space or plans for living space in his pool house. Member Kozor asked what the restrictions are for the conservation easement. Assistant Planner McGinnis explained that nothing can be built upon easement, including fences and sheds. It must be left untouched and in its natural state. Member Young asked about the berm that Mr. Ebert is planning building. Mr. Ebert stated that he will be putting in a berm about five (5) feet above the grade of the road. Chairman Mitchell asked Mr. Ebert to consider shifting the proposed structures closer towards the existing house in order to increase the setback from Lot 6. Member McGary stated that because so much of the property is in the conservation easement, he has little choice in the placement of these structures. Mr. Ebert agreed that he could move the plans closer to the home and lose some of the patio space he has planned. Chairman Mitchell supported amending the plans prior to presenting them to the Village Board. Chairman Mitchell asked why they are requesting the height variance. Mr. Ebert stated that they wanted the accessory structure to look as much like the house s architecture as possible, so they added the gables and structured the roof to mimic the home, which increased the height. Chairman Mitchell reiterated the need for Mr. and Mrs. Ebert to meet with the HOA before they begin construction and to satisfy any issues they may have with the project. He stated that it would be best to have a written agreement prior to going before the Village Board. Member Young made a motion to adopt staff s findings as the findings of the Plan Commission and to recommend approval of: (1) A Preliminary and Final Plat for the consolidation of Lots 7 and 8 of the Hidden Cove at Spaniel Lake West subdivision; (2) Variances, including (a) A Variance to increase the maximum permitted gross width of driveways located on the subject property from twenty-eight (28) feet to forty-eight (48) feet, 8 Page

10 Plan Commission Minutes June 14, 2018 (b) A Variance to reduce the required side yard setback for the proposed accessory structure from twenty (20) feet to ten (10) feet, (c) A Variance to increase the maximum permitted gross area of accessory structures from eight hundred (800) square feet to two thousand six hundred eighty-two (2,682) square feet, (d) A Variance to increase the maximum permitted height of the proposed accessory structure from fifteen (15) feet to eighteen (18) feet, and (e) A Variance to increase the maximum permitted number of garage bays facing the public right-of-way from three (3) bays to five (5) bays; and (3) A Special Use Permit to permit an in-ground swimming pool and associated pool house in the side yard of the subject property for certain real property located in the R-2 Single-Family Residential District at S. Hidden Cove Court, Homer Glen, Illinois. The motion was seconded by Member McGary. Roll call was taken. In favor (5) Member Young, Verdun, Kozor, McGary, and Chairman Mitchell. Opposed (0) none. Absent (2) O Donnell, Backal. Abstain (0) none. The motion was passed. Assistant Planner McGinnis stated that due to an emergency at work the next applicant had been delayed. Chairman Mitchell called for a motion to amend the agenda to discuss item 7 before item 6.c in order to give the next applicant time to arrive. A motion to amend the agenda to discuss Commissioner/staff reports before Item 6.c was made by Member McGary, seconded by Member Young. Voice vote taken, all in favor, none opposed. Motion passed. 7. Reports of Plan Commissioners and Staff (includes Old Business). There were no report by the Plan Commissioners. Director Gadde stated that the Plan Commission meeting for June 21, 2018 had been canceled. At the July 5, 2018 Plan Commission meeting, there will be a case for the Crystal Creek Subdivision for a home to be built on Carrol Drive. He also stated that on June 19, 2018 there will be a concept plan presented at 6:00 p.m. for the townhouse development on 159th Street, which the Plan Commission discussed at the May 3, 2018 meeting. The Plan Commissioners are welcome to attend, but he asked them to be certain not to sit together in a group. c) HG-1816-V, S. Parker Road (Public Hearing): Consideration of (1) a Variance to reduce the minimum lot area of the subject property from ten (10) acres to three (3) acres; (2) a Variance to reduce the minimum lot width of the subject property from three hundred thirty (330) feet to one hundred thirty-two (132) feet; and (3) a 9 Page

11 Plan Commission Minutes June 14, 2018 Variance to reduce the minimum side yard setback for the proposed detached garage from fifty (50) feet to twenty (20) feet, for certain real property located in the A-1 Agricultural District at S. Parker Road, Homer Glen, Illinois. Assistant Planner Kyle McGinnis explained that the applicant, Brian D. LaGiglia, owns the subject property located at S. Parker Road. The subject property is zoned A-1 Agricultural, but is currently used for residential purposes in the form of a single-family home. The A-1 Agricultural District is held to large lot requirements in comparison to those typically required of residential zones, including: (1) Must have a minimum area of at least ten (10) acres; and (2) Must have a minimum lot width/frontage of at least three hundred thirty (330) feet [ (A-1 Agricultural District) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen]. In addition, structures on properties zoned A-1 Agricultural are required to maintain comparatively large setbacks, including: (1) Must be at least one hundred (100) feet from the center line of non-dedicated roads and seventy-seven (77) feet from the front lot line on dedicated roads; (2) Must be at least fifty (50) feet from the side property lines for residential structures, or at least one hundred (100) feet from the side property lines for agricultural structures; (3) Must be at least fifty (50) feet from the rear property line(s) for residential structures, at least one hundred (100) feet from the rear property line(s) for agricultural structures, or at least ten (10) feet from the rear property line(s) for freestanding accessory structures [ (A-1 Agricultural District) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen]. Assistant Planner McGinnis explained that this is another case of a legal nonconforming property created before the Village incorporated in 2001 and that the owner wants to bring it into conformance. Mr. LaGiglia explained that he has no garage currently and would like to add one. A motion to open the public hearing in Case No. HG1816-V was made by Member Verdun, seconded by Member Kozor. Voice vote taken, all in favor, none opposed. Motion passed. Chairman Mitchell asked if rezoning the property would eliminate the need for variances. Mr. LaGiglia stated that he does not want to rezone because he farms the rear two (2) acres of the property. 10 Page

12 Plan Commission Minutes June 14, 2018 Chairman Mitchell called for question or comments from the public. The owner of the property at W. Dokter Place wanted to know if Mr. LaGiglia was planning on continuing farming the back of the property. Mr. LaGiglia stated that he does intend to continue farming the property. Chairman Mitchell called for further question or comments from the public. Hearing none, he called for a motion to close the public hearing A motion to close the public hearing in Case No. HG1816-V was made by Member McGary, seconded by Member Verdun. Voice vote taken, all in favor, none opposed. Motion passed. Member Jerry Young asked where the new driveway to the proposed structure will be located. Mr. LaGiglia stated it will come off of the current driveway. Member Verdun made a motion to adopt staff s findings as the findings of the Plan Commission and to recommend approval of: (1) a Variance to reduce the minimum lot area of the subject property from ten (10) acres to three (3) acres; (2) a Variance to reduce the minimum lot width of the subject property from three hundred thirty (330) feet to one hundred thirty-two (132) feet; and (3) a Variance to reduce the minimum side yard setback for the proposed detached garage from fifty (50) feet to twenty (20) feet [ F (A-1 Agricultural District) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for certain real property located in the A-1 Agricultural District at S. Parker Road, Homer Glen, Illinois. The motion was seconded by Member Kozor. Roll call was taken. In favor (5) Member Young, Verdun, Kozor, McGary, and Chairman Mitchell. Opposed (0) none. Absent (2) O Donnell, Backal. Abstain (0) none. The motion was passed. 7. Adjournment. Motion by Member McGary, seconded by Member Young to adjourn. The motion was passed. The meeting was adjourned at 8:30 p.m. Respectfully Submitted: Candace Rose Chairman Mitchell: Approved (Date): 11 Page

13 HOMER GLEN PLAN COMMISSION MEMORANDUM To: From: Chairman and Members of the Homer Glen Plan Commission Kyle McGinnis, Assistant Planner Meeting Date: July 5, 2018 Agenda Item Number: 6.a Subject: Christopher & Dominika Krozel, Case. No. HG-1817-V Item Title: Consider for Approval a Variance to reduce the required rear yard setback for the proposed dwelling from thirty (30) feet to twenty (20) feet for certain real property located in the R-4 Single-Family Residential District at W. Carroll Drive, Homer Glen, Illinois. Property Information Location: Property Size: Existing Zoning/Use: W. Carroll Drive (Lot 13, Crystal Creek Estates Subdivision) 12,889 sq. ft. / 0.30 acres R-4 Single-Family Residential District / Vacant Adjacent Zoning/Use: N: R-4 Single-Family Residential / Vacant (Lot 12, Crystal Creek Estates Subdivision) E: I-1 Industrial / Office and Outdoor Storage S: R-4 Single-Family Residential / Single-Family Home (Lot 11, Crystal Creek Estates Subdivision) W: Public Right-of-Way (W. Carroll Drive) Background The applicants, Christopher & Dominika Krozel, are current Homer Glen residents that bought the subject property with the intent to build a single-family home for themselves. The property, located at W. Carroll Drive (Attachment 1), is considered Lot 12 of the Crystal Creek Estates subdivision, which is located off of W. 159 th Street near S. Will Cook Road. The property is zoned R-4 Single-Family Residential, a district grandfathered into the Village from Will County. As one of the Village s densest residential districts, this zone has a minimum lot area of twelve thousand five hundred (12,500) square feet [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen]. Page 1 of 10

14 The subject property is approximately twelve thousand eight hundred eighty-nine (12,889) square feet in area, an appropriate size for this zoning district. Below is a breakdown of the setback requirements for a single-family home to be built on a property zoned R-4 Single-Family Residential: A front yard setback of thirty (30) feet per the approved Plat of Subdivision (Attachment 2); A side yard setback of ten (10) feet; and A rear yard setback of thirty (30) feet per Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen. Citing the lot s irregular shape (somewhat triangle with a shorter lot depth), the applicants have requested a Variance from the above rear yard setback in order to build a three thousand three hundred forty-nine (3,349) square foot home. As denoted on the project s site plan (Attachment 1), the proposed home will border the required front yard setback or thirty (30) feet as much as possible; however, even so, the proposal would still encroach into the required rear yard setback of thirty (30) feet by nearly ten (10) feet. Staff does not foresee the granting of this Variance impacting the subject or surrounding properties negatively for several reasons explored below. Existing Easements For Plan Commissioners familiar with the neighborhood, you may recall recent zoning cases for nearby properties (Case No. HG01801-V) in which O Malley Builders, Inc. requested a slight reduction in the required front yard setback due to the presence of large easements on the properties that greatly reduced the buildable space of the otherwise large lots. Although the easements located on the subject property are not nearly as large (approximately fifty-eight [58] feet at its widest and ten [10] feet at its narrowest), their presence may still impact the scope of any future projects on the property (Attachment 2). Fortunately, the applicants have provided a proposal that will not encroach within these easement areas, thereby maintaining these areas for their intended purposes. Neighboring Homes When considering the hardship presented by the applicants, Village staff felt it important to review the neighboring homes located around the cul-de-sac of W. Carroll Drive. This was to ensure that the applicant s proposal of a three thousand three hundred forty-nine (3,349) square foot home would not seem out of place within the established character of the subdivision. In addition, staff wanted to verify that their proposal was not simply too large for the subject property when considering neighboring homes on lots of a similar size and shape with similar, and oftentimes more restrictive, easements. Staff used Will County GIS to measure the area of the following homes, excluding any decks or patios: Page 2 of 10

15 12250 W. Carroll Drive, three thousand six hundred twenty (3,620) square feet; W. Carroll Drive, three thousand two hundred seventy (3,270) square feet; and W. Carroll Drive, three thousand four hundred twenty-eight (3,428) square feet. Please note that although these measurements are not exact, staff has confirmed that accuracy of Will County GIS on several occasions and believe these measurements to be fairly accurate. It has therefore been verified that the applicant s home will in fact fall within the range of existing home sizes for this portion of the subdivision, meaning their request is not founded in the proposal of a structure that is simply too large for the area. As part of this review process, staff also noted that the existing home located to the south of subject property at W. Carroll Drive appears to have been built approximately twenty (20) feet from the rear property line. Village records show no Variance was approved for this property. This may be due to the fact that the home was built in 2004; although the Village had incorporated in 2001, Will County acted as the Village s Building Department until Neighboring Property The applicants have requested a reduction in the rear yard setback from thirty (30) feet to twenty (20) feet. This Variance, if granted, will have no impact on the proposed home s side yard setback of ten (10) feet, which the proposal complies with (Attachment 1). The proposed structure will therefore maintain the appropriate side yard setback from existing and future homes on adjacent lots to its north and south. Furthermore, although the proposed home would be ten (10) feet nearer to the rear property line than what is permitted per Code, the property to the east is currently zoned I-1 Industrial and the proposed home would border a wooded area, a significant distance from any permanent structure on the property to the east. Staff also reviewed the lot depth 1 of the subject property when compared with the nearby properties discussed previously. The subject property has a lot depth of approximately one hundred twenty (120) feet. Staff used Will County GIS to measure the lot depth of the following properties: W. Carroll Drive, one hundred fifty-seven (157) feet; W. Carroll Drive, one hundred thirty (130) feet; and W. Carroll Drive, one hundred forty-five (145) feet. Of these nearby properties, the subject property has the shortest lot depth by at least ten (10) feet. When considering the broader scope of the entire subdivision, the subject property has the shortest lot depth of the entire neighborhood. 1 Measured as the lineal length from the midpoint of the front lot line to the midpoint of the rear lot line. Page 3 of 10

16 Site Plan Review Plans Reviewed: Plat of Survey dated April 24, 2018; and Site Plan prepared by WK Olson Architects, Inc., dated May 15, Conformance with the Code Exterior Construction Standards (Chapter 75, Article II): The Exterior Construction Standards do apply to this request as these standards apply to all dwellings proposed in Residential Districts; however, the applicants have not requested a Variance from these standards and will therefore comply with the relevant requirements unless additional Variances are requested and approved. Lighting (Chapter 75, Article II): The Lighting regulations do apply to this request; however, the applicants have not requested a Variance from these standards and will therefore comply with the relevant requirements unless additional Variances are requested and approved. Conservation Design (Chapter 107, Article IV): The Conservation Design regulations do not apply to this request because the applicant has not proposed the development of a residential subdivision greater than ten (10) acres in area, nor have they proposed the development of a residential subdivision made up of lots less than one and one-half (1.5) acres in size. Tree Preservation (Chapter 107, Article III): The Tree Preservation regulations do not apply to this request as the applicant has not requested the approval of a Preliminary Plat of Subdivision or proposed the division of the subject property, and the subject property is less than five (5) acres in size. Subdivision & Stormwater (Chapter 138, Article I): The Subdivision regulations do not apply to this request as the applicant has not proposed the division of the subject property at this time. The Stormwater regulations do apply to this request as the applicants have proposed the construction of a single-family home on a property less than five (5) acres in area. Park Donation (Chapter 138, Article II): The Park Donation regulations do not apply to this request as these regulations only apply when the final Plat for a residential subdivision or development has been approved, or when the final Plat for a Planned Unit Development has been approved. Conformance with Adopted Plans Comprehensive Land Use Plan: The Comprehensive Plan designates the subject property as Single-Family Moderate Density overlaid by an Environmental Corridor and Other Environmental Features to be Preserved. Page 4 of 10

17 Transportation Plan: The applicant s proposals and requested Variances conform to the regulations and recommendations set forth within the Village of Homer Glen Transportation Plan. Findings of Fact Section C(1-3) of the Code of the Village of Homer Glen states the required standards for making findings of fact for a Variance. The Code requires that the Plan Commissioners consider these standards in making its finding and determining a recommendation to send to the Village Board. Motion for Consideration Is there a motion to adopt staff s findings as the findings of the Plan Commission and to recommend (approval / approval with conditions / denial) of a Variance to reduce the required rear yard setback for the proposed dwelling from thirty (30) feet to twenty (20) feet [Attachment 1, Table 1B (Site and Structure Bulk Requirements for Residential Districts) of Chapter 220 (Zoning) of the Code of the Village of Homer Glen] for certain real property located in the R-4 Single-Family Residential District at W. Carroll Drive, Homer Glen, Illinois. Attachments 1. Aerial of the Subject Property with Site Plan Detail 2. Plat of Subdivision with Lot Detail Denoting Easement Areas 3. Staff-Suggested Findings of Fact Page 5 of 10

18 Attachment 1 - Aerial of the Subject Property with Site Plan Detail

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20 Attachment 3 Staff-Suggested Findings of Fact Standards for Variances Chapter C(1-3) of the Code of the Village of Homer Glen lists the standards by which the Plan Commission shall make the findings of fact. The following are the categories with staff s recommended findings in italics: 1. The Plan Commission shall not vary the provisions of this Ordinance as authorized unless it has made findings based upon the evidence presented to it in the following cases: (a) That 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. It is likely that the subject property could yield a reasonable return without the issuance of the requested Variance; however, this would likely require significant revisions to the floor plan of the proposed home and may result in the construction of a home that does not match the size of the homes that exist around the cul-de-sac today. (b) That the plight of the owner is due to unique circumstances. The plight of the owners is due in part to unique circumstances, in that the subject property s lot depth is shorter than all lots within the Crystal Creek Estates subdivision. This shorter lot depth has made it difficult for the applicants to fit a home of an appropriate size on the subject property without encroaching within the required rear yard setback area. (c) That the variance, if granted, will not alter the essential character of the locality. It is staff s belief that, if approved, the requested Variance will not alter the essential character of the locality. The proposed home is of a similar size to existing homes on nearby properties within the same subdivision, matching the established aesthetic of the area. The proposed home abuts an industrial property to the east (the proposed home s rear) and will not be located any closer to existing or future homes to its north or south (the proposed home s sides). Moreover, the existing home to the south appears to be located approximately twenty (20) feet off of its rear property line as well. 2. A variance shall be recommended to the Village Board only if the evidence, in the judgment of the Plan Commission, sustains each of the three conditions enumerated in Subsection C(1). Page 8 of 10

21 3. For the purpose of supplementing the above standards, the Plan Commission, in making its determination, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (a) That the particular surroundings, shape, or topographical conditions of the specific property involved will bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. Regardless of the property s shape or size, a single-family home could in fact be built upon the subject property without the need of a Variance; however, this home may not be of a similar size to those that exist around the cul-de-sac of W. Carroll Drive today. It is when the size of the proposed home is considered that the hardship present the lot s short depth becomes apparent. (b) That the conditions upon which the petition for variance is based would not be applicable, generally, to other property within the same zoning classification. The conditions upon which the Variance has been requested could be applicable to other properties zoned R-4 Single-Family Residential as there are many other properties within the Village, and within this zoning district more specifically, that are located along cul-de-sacs with a similar shape to the subject property. Because the R-4 Single-Family Residential District is a grandfathered district from Will County, it is possible that some existing homes within this zoning district and on lots of a similar shape could be legal nonconformities. (c) That the purpose of the variance is not exclusively based upon a desire to make more money out of the property. The purpose of the requested Variance is not exclusively based upon a desire to make more money out of the property. (d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship present on the subject property was not created by any person presently having an interest in the property. Page 9 of 10

22 (e) That the granting of the variance will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located. It is staff s belief that the granting of this Variance will not be detrimental to the public welfare or unduly injurious to other property, or the improvement of property, in the neighborhood in which the property is located. The proposed detached garage will most closely border a vacant agricultural property. (f) That the exterior architectural appeal and functional plan of any proposed structure will not be so at Variance with the exterior architectural appeal and functional plan of the structures already constructed, or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood. Because the property is currently vacant, the proposed single-family home would not be capable of conflicting with the architectural appeal or functional plan of any existing structures as no such structures exist. Furthermore, the proposed home will be a similar size and shape to existing homes within the subdivision, and the applicants have not requested a Variance from the Exterior Construction Standards. (g) That the proposed variance will not impair an adequate supply of air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. It is staff s belief that the approval of this Variance will not directly alter or impair the supply of air, the danger of fire, the public s safety or the surrounding property values in any way. Page 10 of 10