Village of Glenview Zoning Board of Appeals STAFF REPORT December 7, 2015 TO: Chairman and Zoning Board of Appeals Commissioners FROM: Community Development Department CASE #: Z2015-049 LOCATION: PROJECT NAME: 613 Fairway Drive Perschall Residence CASE MANAGER: Brandon Crawford, 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: Clay Perschall 613 Fairway Drive Glenview, IL 60025 Tel: (773) 456-0926 PROPOSAL: The petitioner, Clay Perschall, requests a Variation from Sections 98-213(b)(8) and 98-213(b)(9) of the Glenview Zoning Ordinance to allow the installation of a basketball backboard and rollback net at a front yard (west) setback of 9.00 and side yard (south) setback of 3.00 feet instead of a minimum front yard (west) setback of 15.38 feet and side yard (south) setback of 10.00, as allowed and required by said ordinances. 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 Harlem Avenue. Turn left onto Harlem Avenue and proceed south to Linneman Street. Turn right on Linneman Street and proceed west to Lincoln Street. The subject property is located on the southeast corner of Linneman Street and Lincoln Street. 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: 04-33-412-027-0000 Current North East South West Glenview R-5 Residential District Glenview R-5 Residential District Glenview P-1 Public Land Glenview R-5 Residential District Glenview R-5 Residential District AERIAL PHOTOGRAPHY: 2
PICTOMETRIC PHOTOGRAPHY: West Elevation 3
SITE PHOTOGRAPHY: 4
Project Summary BACKGROUND: The applicant requests consideration of a zoning variation to allow a basketball hoop and backboard and rollback net at a front yard (west) setback of 9.00 feet instead of a minimum front yard (west) setback of 15.38 feet and at a side yard (south) setback of 3.00 feet instead of a side yard (south) setback of 10.00. The applicant installed the recreational equipment at the aforementioned nonconforming setbacks prior to the issuance of a building permit. The basketball hoop and backboard are 12.00 feet in height. The applicant was notified by Staff via mail that a building permit was required for the basketball hoop and backboard after a complaint had been filed on October 22, 2015. The applicant applied for a building permit the following day where it was discovered a zoning variation would be required to permit for the basketball hoop and backboard in the existing location. The applicant has additionally installed a rollback net measuring 8.00 feet in height, 11.00 feet in width at the base, and 6.00 feet in width at the top. The rollback net was installed to prevent rogue basketballs from crossing the shared side yard lot line between the subject property and 607 Fairway to the south. Since the rollback net functions as recreational equipment, it is required to be situated at the same minimum front yard (west) and side yard (south) setbacks as the basketball hoop and backboard. A zoning variation is required to permit for the rollback net at the nonconforming setbacks. ORDINANCE REQUIREMENTS: The following sections outline current ordinance requirements as these would be applied to the existing and proposed conditions. Minimum Front Yard Setback for Recreational Equipment in the R-5 Residential District: Per Section 98-213(b)(8)(b) of the Municipal Code, a recreational equipment shall be set back from any front lot line, rear lot line, or side lot line abutting a street at a minimum distance equal to one-half the setback required. As applied to the subject property, the required front yard setback for recreational equipment is 15.38 feet. Minimum Interior Side Yard Setback for Recreational Equipment in the R-5 Residential District: Per Section 98-213(b)(8)(c) of the Municipal Code, any backboard and hoop, backboard, or net, shall not be located closer than 10.00 feet from an interior side lot line, regardless of whether the equipment is placed in a rear, side, or front yard. 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: INCREASE / DECREASE OVER / (UNDER) EXISTING TO PROPOSED PROPOSED PERMITTED * PERMITTED Units % Units % Lot Size (sq. ft.) 8,733.00 0 0.00 8,733.00 1,267 12.67 10,000.00 Lot Size (acres) 0.20 0 0.00 0.20 0.03 12.67 0.23 ACCESSORY STRUCTURES Front Yard Setback (WEST) 9.00 0.00 100.00 9.00 (6.38) (41.48) 15.38 Side Yard Setback (SOUTH) 3.00 0.00 0.00 3.00 7.00 100.00 10.00 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 installed the basketball hoop and backboard prior to the issuance of a building permit. The applicant was unaware that a building permit was required for the existing recreational equipment. The applicant should clarify why the existing basketball hoop and backboard cannot be located in a conforming location. POTENTIAL NEIGHBORHOOD IMPACTS: The existing basketball hoop and backboard has been 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
Technical Review PROJECT TIMELINE & OUTREACH: A. 11/16/15 Application Submitted B. 11/19/15 Public notice published in the Glenview Announcements C. 11/19/15 Public notice sign posted upon the subject property D. 11/19/15 Public notices mailed to surrounding property owners E. 12/07/15 Zoning Board of Appeals Meeting F. TBD Expiration of Zoning Variation G. TBD Permit Issuance H. TBD Inspections I. TBD Certificate of Occupancy 2015 ABCD E Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2016 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. 7
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 8
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. Attachments & Exhibits 1. Sample Motion 2. Public Notice 3. Petitioner s Application & Exhibits 4. Notice of Violation Letter 9
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 Z2015-049, 613 Fairway Drive, for the applicants, Clay Perschall, from the provisions of Section 98-213(b)(8)(b) and Section 98-213(b)(8)(c) of the Glenview Zoning Ordinance to allow the installation of a basketball hoop, backboard, and roll back net at a front yard (west) setback of 9.00 feet and side yard (south) setback of 3.00 feet instead of a front yard (west) setback of 15.38 feet and side yard (south) setback of 10.00 feet, both as allowed and required by said ordinance, provided that the proposed hoop and backboard 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
PROPOSED VARIATION PUBLIC NOTICE Z2015-049 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 Municipal Code. The meeting will be held on Monday, December 7, 2015 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 613 Fairway Drive and legally described as: OF LOT 3 IN BLOCK 1 OF MILTON PERLMAN S FAIRWAY TERRACE UNIT NO. 3 BEING A SUBDIVISION OF PART OF THE EAST ½ OF THE SOUTHEAST ¼ OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. The petitioner, Clay Perschall, requests a Variation from the provisions of Sections 98-213(b)(8) and 98-213(b)(9) of the Glenview Zoning Ordinance to allow the installation of a basketball backboard at a front yard (west) setback of 9.00 and side yard (south) setback of 3.00 feet instead of a minimum front yard (west) setback of 15.38 feet and side yard (south) setback of 10.00, as allowed and required by said ordinances. All persons interested should attend and will be given an opportunity to be heard. For additional information regarding this case, please contact Brandon Crawford, Planner, at (847) 904-4305. Zoning Board of Appeals Ronald A. Greco, Chairman Attest: Tony Repp Planner Publication Date: November 19, 2015 11