Village of Glenview Zoning Board of Appeals

Transcription

1 Village of Glenview Zoning Board of Appeals STAFF REPORT August 20, 2012 TO: Chairman and Zoning Board of Appeals Commissioners FROM: Planning and Economic Development Department CASE #: Z LOCATION: PROJECT NAME: 1107 Normandy Lane McDonagh Residence CASE MANAGER: Jeff Rogers, AICP, Senior Planner SUBJECT: Zoning Interpretation regarding Chapter 98 of the Municipal Code ACTION REQUESTED: Staff requests confirmation of a zoning interpretation regarding the required side yard (south) setback to be applicable to the subject property. APPLICANT/OWNER/CONTACT: Kevin McDonagh 1107 Normandy Lane Glenview, IL Tel: (847) PROPOSAL: Staff requests a formal zoning interpretation from the Zoning Board of Appeals regarding the applicable side yard (south) setback abutting a private right-of-way to be applied to a proposed single-family residence planned for the subject property. SITE DIRECTIONS: From Village Hall, turn left onto Waukegan Road and proceed south to Glenview Road. Turn left onto Glenview Road and proceed east to Wagner Road. Turn left onto Wager Road and proceed north to Normandy Lane. Turn right onto Normandy Lane and proceed east, then north to the subject property. The subject property is located on the north side of Normandy Lane. Staff 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-1 Residential District Glenview R-1 Residential District Glenview R-1 Residential District Glenview R-1 Residential District AERIAL PHOTOGRAPHY: 2

3 PICTOMETRIC PHOTOGRAPHY: West Elevation North Elevation 3

4 PICTOMETRIC PHOTOGRAPHY: South Elevation East Elevation 4

5 Project Summary BACKGROUND: The owner of the subject property is proposing the construction of a new single-family detached residence. The existing lot is encumbered by private ingress-and-egress easements serving adjacent properties to the north and to the east. As depicted on the property owner s plat of survey, the existing easement along the west side of the subject property is 30.0 feet in width and serves to provide vehicular ingress and egress to the adjacent property to the north. The existing easement along the south side of the subject property is 50.0 feet in width and serves to provide vehicular ingress and egress to the adjacent properties to the east. All lots in this area of Normandy Lane are oriented as flag lots which would not be permissible under modern subdivision requirements applicable within the Village. Since the north and east lots do not directly front upon a public street, the easements are necessary to ensure perpetual access, ingress, and egress for these residences. Staff requests an interpretation from the Zoning Board of Appeals regarding the line from which the required side yard (south) setback abutting the easement should be measured. Staff has reviewed the case with the Director of Development and supports the interpretation of a setback of 50.0 feet from the south property line as proposed by the applicant, but since the alternate interpretation would require a greater setback, confirmation from the Zoning Board of Appeals is requested. ORDINANCE REQUIREMENTS: The following sections outline current ordinance requirements as these would be applied to the existing and proposed conditions. Required Side Yard Setback Abutting a Street or Private Right-of-Way in the R-1 District: Per Sec (b)(6) of the Municipal Code, the required side yard setback abutting a street is 30.0 feet, however in the case of a block comprised of no more than two lots in the block facing the street, the minimum side yard setback shall be 15.0 feet. Since the subject property comprises the only lot along this block adjacent to the street the minimum side yard (south) setback abutting a street is 15.0 feet. Identification of a Common Line from which to Measure the Setback: Sec defines setback as follows: The distance between a reference line, which shall be a public or private right-of-way or easement, whichever shall be applicable, and a building, or portion thereof, on the lot in question. In the case of a lot adjoining a public or private street right-ofway, the setback shall be the difference between such right-of-way line and the building closest to the right-of-way on the lot. In the case of an unrecorded 5

6 easement, the development director shall determine the setback in a manner which will provide a reasonably consistent setback. Though the existing easement line lies 50.0 feet north of the south property line, Sec of the Municipal Code would limit any future required right-of-way dedication along this frontage (if any) to a maximum of 30.0 feet from the south property line. Private easements of this width are uncommon throughout the Village, especially as applied to flag lot configurations. Typical easement widths for ingress and egress range between 15.0 feet and 30.0 feet. In other words, if public roadway improvements were ever constructed through this area, instead of occupying and improving 50.0 feet of the subject property, these improvements would be limited to the south 30.0 feet of the subject property and 30.0 feet from the adjacent property to the south. Since the existing lots to both the north and the east of the subject property are currently oriented as nonconforming flag lots, and since these flag lots are served by existing private easements, the Village would be unlikely to impose right-of-way dedication and future public roadway improvements in this area. Also, since the subject property and the adjacent properties in the vicinity exist as legally subdivided lots of record, the Village would not be able to acquire right-of-way for any such roadway improvements without purchasing the right-of-way or pursuing condemnation of these right-of-way areas. Neither option has been considered by the Village nor would either option be likely to be considered in the future. In any event, the Village will not permit construction within a recorded ingress easement. Interpretation: With the above considerations in mind, staff requests confirmation of one of the two following options: a.) the 15.0 foot setback should be applied from the existing 50.0 foot easement line, effectively resulting in a setback of 65.0 feet from the south property line; or b.) the 15.0 foot setback should be measured from a line 30.0 feet from the south property line (representing the north line of any future public ROW in this area), effectively resulting in a setback of 45.0 feet from the south property line. Since a setback of 45.0 feet would allow for placement of any new residence within the existing 50-foot easement, the setback requirement would be increased from 45.0 feet to 50.0 feet and the proposed residence would be permitted to abut the easement line, 50.0 feet from the south property line. For reference, the property owner is proposing a setback of 56.0 feet from the property line. 6

7 Zoning Board of Appeals Review ZONING BOARD JURISDICTION & PURPOSE: The Zoning Board is vested with the authority to hear and pass upon appeals in which it is alleged that there is an error in any order, requirement, decision, interpretation or determination (referred to collectively in this section as "decision") made by the director of development under this chapter. With the concurring vote of four members, the board may affirm or reverse, wholly or in part, or modify the decision from which the appeal was taken, and to that end, the board shall have all the powers of the director of development with respect to such decision. Staff Comments: Due to specific language in the code regarding establishing setbacks from easement lines, the initial interpretation may be to require a setback of 15.0 feet from the north line of the 50.0-foot easement, for a total of 65.0 feet. However, since the future rightof-way requirements applicable to the subject property would reduce this right-of-way width from 50.0 feet (existing) to only 30.0 feet (required per subdivision regulations), the line would have been shifted 20.0 feet to the south. The applicant could petition the Village to accept right-of-way dedication to allow this interpretation, but acceptance of this right-of-way with the underlying existing conditions in the area would not be consistent with the Village s subdivision policies, nor could the Village require dedication since the subject property exists as a subdivided lot of record. However, this action would provide a significant reduction in the required south setback. In light of this discrepancy between the north line of the future right-of-way and the north line of the existing easement, establishment of the required 15-foot setback to be measured from the north line of any future right-of-way location may be justifiable in this instance. Do to the ambiguity of the language of the code in application to this situation, a zoning interpretation is requested. The easement along the west property line is comprised of 30.0 feet, but the required front yard (west) setback is established by the existing setback of the residence upon the adjacent lot. This differs in two respects from the required side yard (south) setback in so much that the south easement is comprised of 50.0 feet rather than 30.0 feet, and the required setback is to be measured from a line intended to establish a reasonably consistent setback along the south street. Is the reasonable line the location of any possible future public right-of-way improvement (30.0 feet) or the existing easement line (50.0 feet)? POTENTIAL NEIGHBORHOOD IMPACTS: The proposed remodeling and building additions 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. 7

8 Technical Review PROJECT TIMELINE & OUTREACH: A. 08/14/12 Application Submitted B. 08/20/12 Zoning Board of Appeals Meeting 2012 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec A B NEIGHBORHOOD CORRESPONDENCE: Staff had not received any correspondence from neighboring properties by press time. REQUIRED APPROVAL(s): The following chart details the necessary required approvals. An associated appendix includes specific descriptions of each regulatory approval, the review criteria, and standards for approval. Each commissioner has a copy of this appendix and copies for the public are located on the table near the entry doors to the Village Board Room. The appendix can also be viewed on the Planning Division website at the following URL: 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 8

9 Attachments & Exhibits 1. Sample Motion 2. Petitioner s Exhibits 9

10 Sample Motion Based upon findings evidenced through testimony, discussion, and the staff s exhibits; I move the Zoning Board of Appeals approve the establishment of the common line from which the side yard (south) setback abutting a street shall be measured for 1107 Normandy Lane as: a.) The north line of the existing 50.0-foot private ingress-and-egress easement establishing a building line 65.0 feet from and parallel to the south lot line; OR b.) A line 30.0 feet north of the south property line (representing the location of the future north line of Normandy Lane public right-of-way) together with the existing private easement establishing a building line 50.0 feet from and parallel to the south lot line. 10