Village of Glenview Zoning Board of Appeals

Transcription

1 Village of Glenview Zoning Board of Appeals STAFF REPORT January 16, 2017 TO: Chairman and Zoning Board of Appeals Commissioners FROM: Community Development Department CASE #: Z LOCATION: PROJECT NAME: 3616 Lawson Road Hertz-Akiens Residence CASE MANAGER: Tony Repp, Planner SUBJECT: Zoning Variation request from Chapter 98 of the Municipal Code ACTION REQUESTED: Staff requests consideration of a final determination regarding the petition. APPLICANT / OWNER / CONTACT: Bruce Hertz and Grace Akiens 3616 Lawson Road Glenview, IL PROPOSAL: The petitioners, Bruce Hertz and Grace Akiens, requests a Variation from the provisions of Section (b)(3) of the Glenview Zoning Ordinance to allow for the construction of a building addition and related improvements together resulting in a total impervious lot coverage of 19, square feet instead of a maximum impervious lot coverage of 13, square feet, as allowed and required by said ordinance. SITE DIRECTIONS: From Village Hall, turn right onto East Lake Avenue and proceed west to Pfingsten Road. Turn right onto Pfingsten Road and proceed north to Lawson Road. Turn right onto Lawson Road and proceed east and then north to the subject property. The subject property is located on the west side of Lawson Road. Report Disclaimer: Village staff makes no representations regarding support, endorsement, or the likelihood of approval or disapproval by any Glenview regulatory commission or the Village Board of Trustees.

2 Site Assessment VILLAGE OF GLENVIEW ZONING: PIN: Current North East South West Glenview R-1 Residential District Glenview R-4 Residential District / P-1 Public Lands District Glenview R-1 Residential District Glenview R-1 Residential District Glenview R-1.3 Residential District AERIAL PHOTOGRAPHY: 2

3 PICTOMETRIC PHOTOGRAPHY: East Elevation West Elevation 3

4 Project Summary BACKGROUND: The applicant requests consideration of a zoning variation to allow for the construction of a new room addition on the southern side of the existing residence. The proposed addition would be approximately square feet in size and would replace a portion of the existing deck in this area. The existing improvements on the subject property total 19, square feet of impervious lot coverage. The proposed improvements would result in 19, square feet of impervious lot coverage, which exceeds the maximum impervious lot coverage of 13, square feet. According to the applicant, the shallow roof and direction of slope do not create effective drainage patterns for rainwater or snow melt on the roof. According to the applicant, this has caused significant and long-term damage to the roof and other portions of the home. The applicants have experienced ice damming and roof leaks consistently. The proposed addition is intended to not only provide a useable semi-outdoor space, but also carry water more effectively away from the central portions of the home where the water damage is most common. The existing home was approved with a gravel driveway in At some point since the original construction, the driveway was paved. According to Village records, the applicants did not obtain a permit to pave the driveway with an impervious surface. The addition of pavement over the driveway likely results in the addition of nearly 9, square feet of impervious coverage and creating the sizeable overage seen in the property s current condition. ORDINANCE REQUIREMENTS: The following sections outline current ordinance requirements as these would be applied to the existing and proposed conditions. Maximum Impervious Lot Coverage in the R-1 Residential District: Per Sections (b)(3) of the Code, the maximum permissible impervious lot coverage for the subject property is equal to 13, square feet. The existing improvements total 19, square feet which appear to be as a result of the paving of the gravel driveway with blacktop without a permit. The applicant is requesting approval of a zoning variation to allow for the construction of a room addition. The proposed improvements would result in the lot exhibiting 19, square feet of impervious lot coverage, an excess of 5, square feet of impervious lot coverage over the maximum. Other Bulk Regulations: The proposed improvements would be in compliance with all other design and bulk requirements of the zoning ordinance. Other Considerations: Since the scope of the proposed improvements would result in an increase in the existing impervious lot coverage of more than 400 square feet, the applicants will be required per ordinance to devise an engineering plan to address any run off issues associated with the subject property. Typical required improvements associated with this ordinance are limited to grading improvements or swales, and/or the construction/installation of new yard drains to be connected to existing storm sewers in the area. 4

5 ZONING STATISTICS CHART: INC./(DECREASE) OVER / (UNDER) EXISTING TO PROPOSED PROPOSED PERMITTED * PERMITTED Units % Units % Lot Size (sq. ft.) 59, , (16,438) (37.74) 43, Lot Size (acres) (0.38) (37.74) 1.00 RESIDENCE Max. Building Size 6, , (5,320) (42.23) 12, YARD SETBACKS FRONT (ft.) (22.84) (10.67) (87.98) (85.25) REAR (ft.) (13.80) (55.20) SIDE (ft.) (15.75) (105.00) SIDE (ft.) (135.00) (900.00) ROOF HT. (ft.) (7.70) (23.33) EAVE HT. (ft.) (4.20) (18.26) IMPERVIOUS (sq. ft.) 19, , , , * Any positive number in this column requires a variance Any italicized numbers indicate a non-conforming condition which is not being altered. 5

6 Zoning Board of Appeals Review KEY VARIATION STANDARD COMMENTS: Staff comments after evaluating the wide range of issues considered by the Zoning Board of Appeals, including but not limited to the following: Whether there exists a legal hardship of the property as distinguished from an inconvenience Whether the alleged hardship may be self-imposed Whether a.) the property; and/or b.) the application of the ordinance to the situation is unique Compatibility of the resulting conditions with other properties of the same zoning designation Demonstration of how other available options are not viable, regardless of economic impact Mitigation of impact(s) upon properties in the vicinity Staff Comments: The applicant has stated that the driveway was paved for safety and maintenance reasons. If a variation is approved, the existing illegal nonconforming impervious lot coverage will be considered resolved. If the improvements currently proposed are not supported by the Zoning Board of Appeals, the Zoning Board of Appeals should consider a zoning variation to allow the existing impervious lot coverage conditions. If the existing impervious lot coverage conditions are not supported, the Village will initiate a code enforcement action to remedy the existing conditions. The property s drainage patterns send most of the stormwater on the site to the privatelyowned retention pond that is shared with the property to the south. The applicant has not proposed the removal of any existing impervious lot coverage on the site to offset the new addition. The applicant should clarify why the existing roofline cannot be altered to accommodate improved drainage. POTENTIAL NEIGHBORHOOD IMPACTS: The proposed building addition would be subject to additional review through the building permit process for compliance with all other building, life safety, engineering, and related codes by the Village s Inspectional Services Division. Throughout the duration of construction, all construction activities would be required to comply with the requirements of the Municipal Code. 6

7 Technical Review PROJECT TIMELINE & OUTREACH: A. 12/16/16 Application Submitted B. 12/29/16 Public notice published in the Glenview Announcements C. 12/29/16 Public notice sign posted upon the subject property D. 12/29/16 Public notices mailed to surrounding property owners E. 01/16/17 Zoning Board of Appeals Meeting F. TBD Expiration of Zoning Variation G. TBD Permit Issuance H. TBD Inspections E F A BCD Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ZONING BOARD JURISDICTION & PURPOSE: The Zoning Board is vested with the authority to hear, and make a final determination regarding applications for residential variances subject to the standards set forth in Section of the Municipal Code. The Zoning Board of Appeals shall identify findings of fact based upon the standards prescribed whether the application of regulations of the zoning ordinance will create a practical difficulty or hardship for the owner, lessee, or occupant of land, buildings, or structures. LEGAL NOTICE & PUBLIC NOTIFICATION: A notice of a Public Hearing to be held was published in the Glenview Announcements, a newspaper with a general circulation within the Village of Glenview, not more than thirty (30) days, nor less than fifteen (15) days prior to the date set for said hearing in compliance with the requirements of Chapter 65, Section 5/ of the Illinois Compiled Statutes. 7

8 REQUIRED APPROVAL(s): Required Regulatory Review A. Annexation B. Annexation with Annexation Agreement C. Comprehensive Plan Amendment D. Official Map Amendment E. Rezoning F. Planned Development G. Conditional Use H. Final Site Plan Review I. Second Curb Cut J. Subdivision (Preliminary, Final, and Waivers) K. Variation(s) L. Certificate of Appropriateness M. Final Engineering Approval & Outside Agency Permits N. Building Permit(s) O. Building & Engineering Inspections P. Recorded Documents (Development Agreements, Easements, Covenants, etc.) Q. Business License R. Certificate of Occupancy VARIATION STANDARDS: 1.) The Zoning Board of Appeals shall not vary the regulations of Chapter 98 of the Municipal Code unless it shall make a finding of fact based upon the evidence as presented to it in each specific case that the: a. Particular physical surroundings shape or topographical condition of the specific property involved would result in a practical difficulty or hardship upon or for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the strict letter of the regulation were carried out. b. Conditions upon which the petition for a variation is based are unique and would not be generally applicable to other property within the same zoning classification. c. Alleged difficulty or hardship has not been created by any person presently having an interest in the property. d. Granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. Proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire or endanger the public safety. f. Variation, if granted, will not alter the essential character of the locality. 8

9 2.) If all of the standards set forth in subsection (1) of this section cannot be met, yet an identifiable overriding public benefit can be realized by the granting of the requested variation, the zoning board of appeals shall forward a written recommendation, including a specific finding of fact of overriding public benefit, to the board of trustees for final disposition. 3.) The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this subsection (1) to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to better carry out the general intent of Chapter 98 of the Municipal Code. Attachments & Exhibits 1. Sample Motion 2. Public Notice 3. Petitioner s Application & Exhibits 9

10 Sample Motion Based upon findings evidenced through testimony, discussion, and the petitioner s application materials which demonstrate compliance with Chapter 98, Article II, Section 98-47(c) of the Municipal Code; I move the Zoning Board of Appeals grant a Variation in the case of Z , 3616 Lawson Road, for the applicants, Bruce Hertz and Grace Akiens, from the provisions of Section (b)(3) of the Glenview Zoning Ordinance to allow the construction of a room addition and other accessory uses resulting in a total impervious lot coverage of 19, square feet instead of a maximum impervious lot coverage of 13, square feet, as allowed and required by said ordinance, provided that the room addition and other accessory uses be in substantial accordance with the plans and drawings (either as submitted or as amended ) and consistent with the testimony and discussion provided during consideration of the petition. 10

11 PROPOSED VARIATION PUBLIC NOTICE Z Notice is hereby given that a public hearing will be held by the Zoning Board of Appeals to consider a petition requesting a Variation of the Glenview Zoning Ordinance. The meeting will be held on Monday, January 16, 2017 at 7:00 P.M., in the Village Hall, 2500 East Lake Avenue, Glenview, IL in accordance with Chapter 65, Section 5/ of the Illinois Compiled Statutes. The property involved is commonly known as 3616 Lawson Road and legally described as: LOT 1 IN MICHAEL NICHOLAS SUBDIVISION, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. The petitioners, Bruce Hertz and Grace Akiens, requests a Variation from the provisions of Section (b)(3) of the Glenview Zoning Ordinance to allow for the construction of a building addition and related improvements together resulting in a total impervious lot coverage of 19, square feet instead of a maximum impervious lot coverage of 13, square feet, as allowed and required by said ordinance. All persons interested should attend and will be given an opportunity to be heard. For additional information regarding this case, please contact Tony Repp, Planner, at (847) Zoning Board of Appeals Ronald A. Greco, Chairman Attest: Tony Repp Planner Publication Date: December 29,