Zoning Board of Appeals

Transcription

1 Zoning Board of Appeals Case #: V Prepared by: Mercy Davison, Town Planner Variation Description: The owner of 1 Payne Place would like to build a one-car carport in the front yard with a 6-foot setback to the front lot line. Code does not permit accessory structures in the front yard, and code sets the minimum front yard setback at 25 feet or the average setback for the block. Staff Recommendation: Approval Property Location: 1 Payne Place Background: The house at 1 Payne Place contains a 1-story house with no garage. The lot is irregularly shaped due to the curvature of the adjacent street. The owner currently parks her car in the driveway off the north side of the lot. The owner proposes to build a 12 x 20 carport in roughly the location where she parks her car, as shown in photograph on page 3. This would be approximately 6 feet off the property line. The carport would be open on all four sides and would be built of wood. The carport roof style and materials would match that of the house. No trees would be removed for this project. The property at 1 Payne Place is a corner lot, thus it has two front yards (one facing north and one facing west). The zoning code does not permit accessory structures to be located in the front yard. The code also requires a front yard setback of at least 25 feet or the average setback on the block. The houses in the vicinity have widely varying front yard setbacks. The corner of the house at 1 Payne Place is only approximately 7 feet from the property line. The house across the street to the north (2 Payne Place) is likewise very close to the property line. The houses on the west side of Payne Place are approximately 20 feet off their front property lines. The property also has an abandoned septic field adjacent to the east side of the house, which would make construction of a carport in that location more difficult. The property owner or her representative will be present to answer questions regarding the variance request. Adjacent Zoning and Surrounding Land Use The property is zoned R-1B Single Family Residential as are all surrounding properties. Variation Standards Section (D) The Zoning Board of Appeals shall prepare findings of fact from the evidence adduced at the administrative public hearing indicating the extent to which the following items are demonstrated: 1. Granting of the variation will be in harmony with the purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 2. The property in question cannot yield a reasonable return if permitted to be used under the conditions allowed by the bulk, sign, or off-street parking and loading regulations of the zoning classification of the property in question. 3. The plight of the owner is due to special circumstances.

2 Under Illinois state law and Town of Normal code, the Zoning Board of Appeals shall grant a variation only if each of the above standards has been satisfied. Staff Analysis Harmony and Purpose: Payne Place has a wide assortment of lot shapes and sizes and structures that have been built relatively close to the property lines. In the case of 1 Payne Place, the proposed carport location is tucked into a less visible part of the property than the more prominent front yard facing west. Furthermore, the proposed carport design is very simple and should have much less of a visual impact than an enclosed garage. Thus, it is doubtful that the encroachment of the proposed carport would have a negative impact on the harmony and purpose of the R-1B zoning classification. Ability to Yield a Reasonable Return: Discussion on whether the property could yield a reasonable return should be considered speculative and inconclusive without the advisement of a licensed real estate appraiser. However, it seems possible that restricting the carport placement on such an oddly shaped lot with an abandoned septic field could impact the ability to yield a reasonable return. Plight Due to Unique Circumstances: Town staff finds unique circumstances in relation to the irregular lot shape, current house placement, and location of abandoned septic field. Recommendation: Town staff recommends approval. Zoning Board Action Approved Conditionally Approved Denied To all Applicant(s) - Please note that: a. The approved variation will expire within one year from the date of the Board decision if the applicant failed to obtain a building permit (Section (E)(3) b. No application for variation which has been denied wholly or in part by the Zoning Board shall be submitted for a period of one year from the date of said order of denial except on the grounds of error in the original proceedings or change of conditions found to be valid by the Zoning Board of Appeals (Sec (E)(2) c. Decisions of the Zoning Board of Appeal concerning a variation request in R-2, R-3A, R-3B, B-1, B-2, C-1, C-2, C-3, M-1, and M-2 Zoning Districts shall be considered a provisional decision for a period of 10 days. During the 10-day provisional period, any member of the Town Council may file in writing with the City Clerk a stay of decision. This provision gives the Council the opportunity to review the action of the Zoning Board and render a final decision, which may only be reviewed in the courts in accordance with the applicable statutes and law of the State of Illinois. Please see Sec (E)(1)(a) of the Zoning Code for additional information. Randy Schaab Janet Hood Gary Blakney Keith Palmgren AYE NAY OTHER AYE NAY OTHER Corrine Brand Tony Penn Todd Anderson Chairman / Date

3 Views of the driveway and east side of house. The proposed carport would go over the existing concrete, roughly in the location of the parked car. Past the end of the existing concrete is an abandoned septic field.

4 1 Payne Place Legend Address <all other values> COB ETSB OTHR TON Parcels Interstates US_Highways State_Highways County_Highways County_Rd PAVED UNPAVED City_Streets ALLEY CITY_ARTERIAL CITY_COLLECTOR CITY_STREET PRIVATE_STREET Railroad Zoning_COUNTY A Agricultural R-1 Single Family Residential R-2 Two-Family Residential M-1 Restricted Manufacturing M-2 General Manufacturing C Commercial Zoning_TON_Overlay Parking Impact Zone S-3 Historic Districts South Uptown Overlay District Miles By using any McGIS products or services, you indicate your acceptance of the Licensing Agreement: Notes 1: 1,759 Printed: 6/9/2014 2:19:09 PM

5 1 Payne Place Legend Address <all other values> COB ETSB OTHR TON Parcels Interstates US_Highways State_Highways County_Highways County_Rd PAVED UNPAVED City_Streets ALLEY CITY_ARTERIAL CITY_COLLECTOR CITY_STREET PRIVATE_STREET Railroad County Miles By using any McGIS products or services, you indicate your acceptance of the Licensing Agreement: Notes 1: 1,195 Printed: 6/9/2014 2:21:06 PM

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11 Zoning Board of Appeals Case #: V Prepared by: Mercy Davison, Town Planner Variation Description: The owner of 301 Florence would like to build a one-car attached garage on the east side of the house, leaving a 3-foot side yard setback where code requires at least 6 feet. Staff Recommendation: Conditional approval Property Location: 301 Florence Background: The house at 301 Florence is a 2-story structure with no garage. The owner proposes to build an attached, 1-car garage on the east side of the house. It would be built to align with the rear line of the house, leaving unobstructed the first-floor window closest to the street. The garage would have a dormer designed to match the style of the house. The garage addition would extend to within 3 feet of the side property line where code requires at least a 6- foot setback. The property owner or her representative will be present to answer questions regarding the variance request. Adjacent Zoning and Surrounding Land Use The property is zoned R-1B Single Family Residential as are all surrounding properties. Variation Standards Section (D) The Zoning Board of Appeals shall prepare findings of fact from the evidence adduced at the administrative public hearing indicating the extent to which the following items are demonstrated: 1. Granting of the variation will be in harmony with the purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 2. The property in question cannot yield a reasonable return if permitted to be used under the conditions allowed by the bulk, sign, or off-street parking and loading regulations of the zoning classification of the property in question. 3. The plight of the owner is due to special circumstances. Under Illinois state law and Town of Normal code, the Zoning Board of Appeals shall grant a variation only if each of the above standards has been satisfied. Staff Analysis Harmony and Purpose: The house at 301 Florence is approximately 100 years old and is located in a neighborhood of similarly dated structures. The neighborhood is characterized by a variety of architectural styles and building setbacks. It is also a fairly compact neighborhood given the narrow lots. Furthermore, the owner has submitted a garage design that attempts to match the architecture of the home. Given these factors, it seems doubtful that the encroachment of the proposed garage would have a negative impact on the harmony and purpose of the R-1B zoning classification.

12 Ability to Yield a Reasonable Return: Discussion on whether the property could yield a reasonable return should be considered speculative and inconclusive without the advisement of a licensed real estate appraiser. However, it seems possible that restricting the ability to build even a modest one-car garage on such a narrow lot could impact the ability to yield a reasonable return. Plight Due to Unique Circumstances: Town staff finds unique circumstances in relation to the lot dimensions. The lot is only 50 feet wide, as is common in that neighborhood. It would be impossible to build a garage suited to modern needs without encroaching into the 6-foot minimum side yard setback. Recommendation: Town staff recommends approval conditioned on the garage being built to match the illustration submitted with the variance application. Zoning Board Action Approved Conditionally Approved Denied To all Applicant(s) - Please note that: a. The approved variation will expire within one year from the date of the Board decision if the applicant failed to obtain a building permit (Section (E)(3) b. No application for variation which has been denied wholly or in part by the Zoning Board shall be submitted for a period of one year from the date of said order of denial except on the grounds of error in the original proceedings or change of conditions found to be valid by the Zoning Board of Appeals (Sec (E)(2) c. Decisions of the Zoning Board of Appeal concerning a variation request in R-2, R-3A, R-3B, B-1, B-2, C-1, C-2, C-3, M-1, and M-2 Zoning Districts shall be considered a provisional decision for a period of 10 days. During the 10-day provisional period, any member of the Town Council may file in writing with the City Clerk a stay of decision. This provision gives the Council the opportunity to review the action of the Zoning Board and render a final decision, which may only be reviewed in the courts in accordance with the applicable statutes and law of the State of Illinois. Please see Sec (E)(1)(a) of the Zoning Code for additional information. Randy Schaab Janet Hood Gary Blakney Keith Palmgren AYE NAY OTHER AYE NAY OTHER Corrine Brand Tony Penn Todd Anderson Chairman / Date

13 View of the driveway and east side of house. The proposed garage would be added to this side of the house, leaving the window closest to the street unobstructed.

14 301 Florence Legend Parcels Interstates US_Highways State_Highways County_Highways County_Rd PAVED UNPAVED City_Streets ALLEY CITY_ARTERIAL CITY_COLLECTOR CITY_STREET PRIVATE_STREET Railroad Zoning_COUNTY A Agricultural R-1 Single Family Residential R-2 Two-Family Residential M-1 Restricted Manufacturing M-2 General Manufacturing C Commercial Zoning_TON_Overlay Parking Impact Zone S-3 Historic Districts South Uptown Overlay District Zoning_TON A - Agriculture B-1 - Highway Business District B-2 - General Business District C-1 - Office District C-2 - Neighborhood Shopping Distr Miles By using any McGIS products or services, you indicate your acceptance of the Licensing Agreement: Notes 1: 1,195 Printed: 6/9/2014 2:23:26 PM

15 301 Florence Legend Parcels Interstates US_Highways State_Highways County_Highways County_Rd PAVED UNPAVED City_Streets ALLEY CITY_ARTERIAL CITY_COLLECTOR CITY_STREET PRIVATE_STREET Railroad County Miles By using any McGIS products or services, you indicate your acceptance of the Licensing Agreement: Notes 1: 1,195 Printed: 6/9/2014 2:22:35 PM

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20 Zoning Board of Appeals Case #: SU Prepared by: Mercy Davison, Town Planner Summary: Special Use Permit to permit the construction of a 40-space temporary parking lot Staff Recommendation: Approval Property Location: 706 W. Beaufort Background: The property at 706 W. Beaufort is currently vacant, following the recent demolition of the former Foul Shots building. The owner of 706 W. Beaufort also owns nearby student-oriented apartment developments on Main and Kingsley. The owner proposes to pave the area formerly occupied by the building and re-stripe the entire parcel for parking to serve his nearby student residences. The new proposed parking lot would have 40 spaces and would take access off the public alley to the west. The owner is currently uncertain as to how the lot will be utilized in the coming years. Thus, he has proposed a Special Use Permit for a temporary parking lot in order to delay the installation of coderequired green space and storm sewer. He will landscape the existing green space adjacent to University/Beaufort on the east end of the property. A representative of the property owner will be present to answer questions regarding the Special Use Permit request. Adjacent Zoning and Surrounding Land Use The property is zoned B-1 General Business and is surrounded in all directions by the same zoning classification. The property is also located within the Parking Impact Zone, an area near the Illinois State University campus where special parking regulations apply. Special Use Standards The Zoning Code sets forth general standards for Special Uses in Sec (a)(2). The standards include the provision of adequate off-street parking, avoidance of any negative impact on neighboring properties, adequate screening, and overall compatibility with surrounding land uses. Section (K) of the Zoning Code provides additional regulations for temporary parking lots, which are permitted as a Special Use on properties within the Parking Impact Zone as follows: 1. Temporary Parking Lots. A special use may be granted for a period of not to exceed five years for temporary parking lots which do not comply with Town requirements regarding surfacing or drainage in derivation of SEC (G)(2) and SEC (G)(3). Any such special use permit shall be conditioned upon the lot being constructed to meet all off-street parking requirements or the area returned to vegetation at the end of the five-year period. In determining whether to grant a special use permit under this Section, the Zoning Board of Appeals shall consider whether the proposed parking area will create drainage problems for the street or neighboring properties, and whether the surface proposed is likely to have significant potholes and ruts when used in its expected manner. The temporary lot shall be

21 constructed with a non-porous or semi-porous surface not consisting of gravel. The Zoning Board of Appeals is encouraged to maximize parking opportunities in this area in preference to other considerations listed in SEC (A)(2). Staff Analysis and Recommendation Staff believes the proposed temporary parking lot at 706 W. Beaufort meets the Special Use standards. The site is already mostly hard surface and has no quality green space. The green space and landscaping that the owner proposes to install along the east edge of the property will be a significant improvement. Furthermore, the building was dilapidated and its demolition greatly improved the appearance of the site. The temporary lot will also fill a parking need for the nearby student residences for several years until a permanent parking arrangement or redevelopment is finalized for that site. If the site does not redevelop within 5 years, the owner will bring the parking lot up to code in regard to green space and storm sewer. For these reasons, Town staff recommends that the Zoning Board of Appeals forward a positive recommendation on the Special Use request to the Town Council for final action. Zoning Board Action Approved Conditionally Approved Denied Randy Schaab Janet Hood Gary Blakney Keith Palmgren AYE NAY OTHER AYE NAY OTHER Corrine Brand Tony Penn Todd Anderson Chairman / Date

22 706 W. Beaufort Former location of Foul Shots building. This area is to be paved.

23 706 W. Beaufort Legend Address <all other values> COB ETSB OTHR TON Parcels Interstates US_Highways State_Highways County_Highways County_Rd PAVED UNPAVED City_Streets ALLEY CITY_ARTERIAL CITY_COLLECTOR CITY_STREET PRIVATE_STREET Railroad Zoning_COUNTY A Agricultural R-1 Single Family Residential R-2 Two-Family Residential M-1 Restricted Manufacturing M-2 General Manufacturing C Commercial Zoning_TON_Overlay Parking Impact Zone S-3 Historic Districts South Uptown Overlay District Miles By using any McGIS products or services, you indicate your acceptance of the Licensing Agreement: Notes 1: 1,195 Printed: 6/11/2014 9:37:04 AM

24 706 W. Beaufort Legend Parcels Interstates US_Highways State_Highways County_Highways County_Rd PAVED UNPAVED City_Streets ALLEY CITY_ARTERIAL CITY_COLLECTOR CITY_STREET PRIVATE_STREET Railroad County Miles By using any McGIS products or services, you indicate your acceptance of the Licensing Agreement: Notes 1: 2,228 Printed: 6/10/2014 4:50:16 PM

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