Village of Glenview Zoning Board of Appeals STAFF REPORT December 9, 2013 TO: Chairman and Zoning Board of Appeals Commissioners FROM: Community Development Department CASE #: Z2013-055 LOCATION: PROJECT NAME: 2453 Robincrest Lane Varga Residence CASE MANAGER: Michelle House, 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: Gabriel Varga 2453 Robincrest Lane Glenview, IL 60025 Tel: (847) 749-5930 PROPOSAL: The petitioner, Gabriel Varga, requests a Variation from the provisions of Sections 98-105(b)(5), and 98-213(b)(13) of the Glenview Zoning Ordinance to allow for the construction of room additions to the existing single-family detached residence at a front yard (north) setback of 28.16 feet instead of a minimum front yard (north) setback of 50.19 feet, as allowed and required by said ordinance. SITE DIRECTIONS: From Village Hall, turn left onto Waukegan Road and proceed south to Glenview Road. Turn right onto Glenview Road and proceed west to Shermer Road. Turn left onto Shermer Road and proceed south to Robincrest Lane. Turn right onto Robincrest Lane and proceed west to the subject property. The subject property is located on the south side of Robincrest Lane. 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.
Site Assessment VILLAGE OF GLENVIEW ZONING: PIN: 04-34-414-015-0000 Current North East South West Glenview R-5 Residential District Glenview R-5 Residential District Glenview R-5 Residential District Glenview R-4 Residential District Glenview R-5 Residential District AERIAL PHOTOGRAPHY: 2
PICTOMETRIC PHOTOGRAPHY: North Elevation West Elevation 3
PICTOMETRIC PHOTOGRAPHY: South Elevation East Elevation 4
Project Summary BACKGROUND: The applicant is seeking a zoning variation to allow for the construction of a second floor addition above the existing first floor structure within the required front yard setback. The proposed second floor addition will match the footprint of the existing first floor. The existing residence is situated at a legal nonconforming front yard (north) setback at 28.16 feet. The existing detached garage at the rear of the property will be removed and a new garage addition will be added to the rear of the existing single family residential structure. The proposed new garage addition conforms with all other bulk and scale requirements set forth in the Zoning Code. ORDINANCE REQUIREMENTS: The following sections outline current ordinance requirements as these would be applied to the existing and proposed conditions. Minimum Required Front Yard Setback in the R-5 Residential District: Per Section 98-105(b)(5)c of the Municipal Code and as applied to the subject property, the required front yard setback is equal to the average of the front yard setbacks of the two (2) adjacent existing residences. Though the existing adjacent residence to the east is setback at a similar setback to Robincrest Lane as the residence upon the subject property, the adjacent residence to the west is situated at a greater setback due to the existence of a culdesac and pie-shaped lot configuration. As applied to the subject property, the minimum required front yard (north) setback is 50.19 feet. The existing residence exhibits a legal nonconforming front yard (north) setback of 28.16 feet. The applicant proposes the construction of a room addition directly above the existing first floor walls within the required front yard. As such a variation is required to allow the proposed conditions. Other Improvements: Additionally, the applicant is proposing an attached garage addition to the rear of the residential dwelling that complies with side yard (west) setback requirements. Staff had previously included a provision in the public notice to allow for the eaves of the garage to project into the required side yard (west) setback. The applicant provided information that clarified that the eaves project less than 24.0 inches into the required setback and are therefore permitted by right. Other Bulk Regulations: The proposed improvements would be in full compliance with all other design and bulk requirements of the zoning ordinance. 5
ZONING STATISTICS CHART: 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 subject property is situated at the beginning of a culdesac and lots to the west are situated at angles to the right-of-way to compensate for the arc of the front lot lines and the general widths of the buildings at the building line. The variation would be required for the second floor addition. The existing residence is situated at a legal nonconforming front yard setback of 28.16 feet and the proposed addition would be aligned with this setback over existing first floor walls. The remaining improvements would be located to comply with the required setbacks of the R-5 District. The applicants should confirm that the proposed materials will be compatible with the existing building. The applicant should confirm the plan for maintaining or removing trees that overhang the existing single-story house. 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
Technical Review PROJECT TIMELINE & OUTREACH: A. 11/06/13 Application Submitted B. 11/21/13 Public notice published in the Glenview Announcements C. 11/21/13 Public notice sign posted upon the subject property D. 11/21/13 Public notices mailed to surrounding property owners E. 12/09/13 Zoning Board of Appeals Meeting F. TBD Expiration of Zoning Variation G. TBD Permit Issuance H. TBD Inspections I. TBD Certificate of Occupancy 2013 A BCD E Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2014 F 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 98-47 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 5/11-13-7 of the Illinois Compiled Statutes. 8
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: http://www.glenview.il.us 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 9
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. 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. 10
Attachments & Exhibits 1. Sample Motion 2. Public Notice 3. Petitioner s Application & Exhibits 11
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 Z2013-055, 2453 Robincrest Lane, for the applicant, Gabriel Varga, from the provisions of Sections 98-105(b)(5) and 98-213(b)(13) of the Glenview Zoning Ordinance to allow for the construction of room additions to the existing single-family detached residence at a front yard (north) setback of 28.16 feet instead of a minimum front yard (north) setback of 50.19 feet, both as allowed and required by said ordinance, provided that the room additions 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. 12
PUBLIC NOTICE Z2013-055 PROPOSED VARIATION 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, December 9, 2013 at 7:00 P.M., in the Village Hall, 1225 Waukegan Road, Glenview, IL in accordance with Chapter 65, Section 5/11-13-5 of the Illinois Compiled Statutes. The property involved is commonly known as 2453 Robincrest Lane and legally described as: LOT 45 IN COUNTRY CLUB GARDEN HOMES SUBDIVISION OF THAT PART OF LOT 22 LYING WEST OF THE CENTER OF ROAD IN THE COUNTRY CLERK S DIVISION OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. The petitioner, Gabriel Varga, requests Variations from the provisions of Sections 98-105(b)(5) and 98-213(b)(13) of the Glenview Zoning Ordinance to allow for the construction of room additions to the existing single-family detached residence at a front yard (north) setback of 28.16 feet instead of a minimum front yard (north) setback of 50.19 feet, and with eaves encroaching 3.0 feet into required front and side setbacks instead of a maximum encroachment of 2.0 feet, each 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 Michelle House, Planner, at (847) 904-4340. Zoning Board of Appeals Ronald A. Greco, Chairman Attest: Jeff Rogers, AICP Senior Planner Publication Date: November 21, 2013 13