ZONING BOARD OF APPEALS 2014/01/27 MinutesThe City of Lake Forest
Zoning Board of Appeals
Proceedings of the January 27, 2014 Meeting
A regular meeting of the Lake Forest Zoning Board of Appeals was held on
Monday, January 27, 2014 at 6:30 p.m., in the Council Chambers at City Hall, 220
E. Deerpath, Lake Forest, Illinois.
Zoning Board of Appeals members present: Chairman Robert Franksen and
Board members: Sam Ciccarelli, Lloyd Culbertson, Stewart Dixon, Richard
Plonsker, Richard Christoff and Jay Kennedy
Zoning Board of Appeals members absent: None
Staff present: Megan Neuman, Planner and Catherine Czerniak, Director of
Community Development
1. Introduction of Board members and staff, overview of meeting procedures
Chairman Franksen reviewed the role of the Zoning Board of Appeals and asked
members of the Board and staff to introduce themselves.
2. Approval of the minutes of the September 23, 2013 meeting of the Zoning
Board of Appeals.
The minutes of the November 25, 2013 Zoning Board of Appeals were approved
with one correction as requested by Chairman Franksen.
3. Consideration of a request for variances from the east and west side yard
setbacks to accommodate additions at 1246 W. Deerpath.
Owners: Mark and Rebecca Oline
Representative: Michael Hershenson
Chairman Franksen asked the Board for any Ex Parte contacts or conflicts of
interest. Hearing none, he invited a presentation from the petitioner and
swore in all those intending to speak on this petition.
Mr. Hershenson reviewed the site noting that the property is 100’ wide and the
zoning requires a setback of 50’ from all property lines. He explained that
given the size of the lot, the required zoning setbacks do not allow for any
construction on the lot. He reviewed the proposed site plan noting the
footprint of the existing house. He explained the proposed project noting that
a small addition is planned to the front of the garage to improve the
appearance of the house. He stated that a new family room and a modest
addition to the kitchen are planned along with a new master suite on the
second floor. He reviewed the proposed first and second floor plans. He
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January 27, 2014 Page 2
noted that the expanded footprint does not extend into the setbacks beyond
the existing footprint. He noted that the ridge of the roof extends up to allow
the second floor addition. He reviewed the existing and proposed elevations
noting the area where the dormer will be added for the master suite and the
areas where the footprint will be extended. He stated that the project was
recently approved by the Building Review Board. He stated that the additions
as proposed are appropriate and will not impact neighboring properties. He
stated that five letters of support were received from neighbors. He stated
that the hardship was created by the zoning and asked for support of the
requested variances.
Ms. Neuman reviewed the request noting that the intent of the project is to
upgrade the appearance of the property and provide additional living
space. She stated that as proposed, the additions do not extend beyond the
line of the existing house and do not extend further into the required setback
than the existing footprint. She explained that the property is located in a
neighborhood which is zoned in a manner inconsistent with the lot sizes. She
noted that other variances have been granted in this neighborhood given the
pattern of zoning. She confirmed that the Building Review Board recently
recommended approval of the architectural aspects of the project. She
stated that staff recommends approval of the variances and offered that
findings in support of the project are provided in the staff report.
Chairman Franksen invited questions from the Board.
In response to questions from Board member Culbertson, Ms. Neuman
confirmed that prior to the issuance of a building permit, a drainage plan will
be required and will be reviewed and will subject to approval by the City
Engineer. She stated that the issues raised in the letter from the neighbor will
be considered in that review. She stated that City engineering staff reviewed
the preliminary drainage plan and found that it appears workable.
In response to questions from Board member Christoff, Ms. Neuman confirmed
that a grading plan will also be required and will be subject to review and
approval by the City Engineer prior to the issuance of a building permit.
In response to questions from Chairman Franksen, Ms. Neuman confirmed that
the project will expand within the area of the current encroachment. She
confirmed that the front and back setbacks not impacted by the proposed
project.
Hearing no further questions from the Board, Chairman Franksen invited public
testimony; hearing none, he invited final comments from the petitioner or staff,
hearing none, he asked for final comments from the Board. Hearing no further
comments from the Board, Chairman Franksen invited a motion.
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January 27, 2014 Page 3
Board member Christoff made a motion to recommend approval of
variances from the east and west side yard setbacks as requested and stated
that the recommendation is based on the findings as detailed in the staff
report and is subject to standard review and approval of the drainage and
grading plan by the City Engineer.
The motion was seconded by Board member Ciccarelli and was unanimously
approved by the Board by a vote of 7 to 0.
4. Consideration of a request for a variance for a one car garage addition
within the side yard setback at 670 Green Briar Lane.
Owner: Mari Christopherson
Representative: Tim Archibald, architect,
Midwest Architecture Studio, Inc.
Chairman Franksen asked the Board for any Ex Parte contacts or conflicts of
interest. Hearing none, he invited a presentation from the petitioner and
swore in all those intending to speak on this petition.
Mr. Archibald introduced the petition noting that the house is a mid-century
modern design, a single story and is nicely maintained. He noted that there is
an existing carport on the east side of the home and provided photos of the
car port and the entry to the home. He stated that the owner’s goal is to
construct an enclosed, one car garage to replace the carport. He added
that the owner is interested in maintaining a clear sight line and path from the
front of the property to the entry door. He noted that the property has an
expansive back yard. He explained that to achieve the owner’s goal of
maintaining a clear path between the house and the entry, the garage is
pushed into the side yard setback slightly. He noted that the existing car port
encroaches into the side yard setback 1-1/2 feet and that the proposed
garage would encroach 4-1/2 feet, an increase of 3 feet over the
encroachment of the carport. He reviewed the site plan and explained why
the garage is proposed generally in the same location as the carport noting
that the location functions best for the overall site and minimizes the need for
additional pavement on the site. He reviewed a graphic comparing the
extent of the current and proposed encroachments into the setback. He
reviewed the floor plan and roof plans. He explained that the roof is
configured to shed rainwater to the front and back, instead of to the side
yard. He stated that the runoff will be collected in gutters and directed
appropriately. He reviewed the existing and proposed front elevation and
noted the location of the path to the front door that will result from the
project. He reviewed some alternative designs that were considered and
explained the drawbacks of each. He explained that conversion of the
existing carport to a garage, without changing the foot print, was not possible
because there is not enough head height to allow a garage door to be
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January 27, 2014 Page 4
installed. He confirmed that alternatives were explored which fully conform to
the zoning setbacks, but noted that a garage of sufficient width was not
achievable. He stated that an attached garage configuration was studied
but created a bulky appearance and blocked visibility and foot traffic to the
front door. He stated that the criteria for a variance are satisfied with this
project. He acknowledged the letter received from the neighbor to the east
and stated that he met with neighbor, walked the properties and understands
the concern about drainage. He stated that as proposed, the project will not
negatively impact drainage on the neighbor’s property. He stated that a
drainage plan will be prepared in conjunction with this project for review and
approval by the City Engineer. He stated that the drainage issue is really a
larger one that affects the entire neighborhood.
Ms. Neuman noted that the presentation was comprehensive and she
acknowledged that the petitioner carefully considered alternatives before
presenting the preferred option to the Board. She stated that City
engineering staff is aware of the larger drainage concerns in this
neighborhood and has been involved in discussions about possible solutions.
She stated staff support for the variance as requested noting that findings in
support are included in the staff report.
In response to questions from Board member Plonsker, Mr. Archibald
confirmed that a new fence was recently installed by the petitioner. He
noted that the petitioner offered to remove the sections of the fence on the
east side of the garage if desired by the neighbor to create a more
neighborly feeling and to offer the neighbor improved access. He noted that
the new garage will provide the privacy desired by the petitioner in place of
those sections of the fence.
Board member Plonsker noted his own experience with drainage in close
proximity to a fence noting that can be a difficult situation.
In response to questions from Board member Culbertson, Mr. Archibald stated
that the fence is on the property line and is located about 7-1/2 feet away
from the wall of the proposed garage.
In response to questions from Board member Culbertson, Ms. Neuman stated
that the fence is located in a manner consistent with the Code. She stated
that the discussion about removing sections of the fence appears to be more
of a neighbor to neighbor matter.
In response to questions from Board member Plonsker, Mr. Archibald stated
that his understanding is that the neighbor’s greatest concern is drainage
which is a broader neighborhood issue and results in large part from the
topography of the area.
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In response to questions from Board member Kennedy, Mr. Archibald
commented on the neighbor’s drainage concerns and stated that the goal of
this project is to address drainage at the base of the garage properly and to
not worsen the existing drainage situation.
In response to questions from Board member Dixon, Mr. Archibald stated the
intent to work with City engineering staff to determine how best to take water
away from the base of the garage and how to handle the flow from the
down spouts.
In response to questions from Chairman Franksen, Ms. Neuman confirmed that
prior to the issuance of a building permit, the City Engineer will need to review
and approve the drainage and grading plan for the project.
Hearing no further questions from the Board, Chairman Franksen invited public
testimony; hearing none, he invited final comments from the petitioner or staff.
Hearing none, he acknowledged that it is clear that drainage is an issue in this
neighborhood. He noted that the narrow lots and limited setback area add
to drainage concerns. He noted the petitioner’s efforts to explore options and
stated that they have demonstrated that it is not possible to make a
functional garage out of the existing carport. He noted that a further
encroachment into the setback, an additional distance of 3 feet beyond
what exists today, is reasonable given the conditions of the property.
Board member Dixon stated that the project is a sound proposal. He stated
confidence that the drainage issues related to this project will be properly
addressed.
Hearing no further comments from the Board, Chairman Franksen invited a
motion.
Board member Dixon made a motion to recommend approval of the
variances as requested noting that the recommendation is supported by the
findings detailed in the staff report. He reiterated that staff is directed to pay
close attention to the drainage in the review of the plans submitted for permit.
The motion was seconded by Board member Christoff and was unanimously
approved by the Board by a vote of 7 to 0.
5. Consideration of a request for a variance from the side yard setback for a
small addition to the existing one story portion of the house at 770 E.
Westminster.
Owners: Michael and Elizabeth Luttig
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January 27, 2014 Page 6
Representative: Richard Swanson
Chairman Franksen asked the Board for any Ex Parte contacts or conflicts of
interest. Hearing none, he invited a presentation from the petitioner and
swore in all those intending to speak on this petition.
Mr. Swanson introduced the project noting that the property is located at the
intersection of Hawthorn Place and Westminster. He stated that exterior
modifications are proposed to create a more consistent architectural style on
the front elevation. He stated that the addition will provide additional space
in the library to make it a more functional space. He added that the addition
is also a subtle way of screening direct views of the garage doors from the
streetscape. He noted that the house already encroaches into the setback in
this area and the proposed addition will increase that encroachment to a
small extent. He stated that the project recently received approval from the
Historic Preservation Commission. He provided photos of the existing house
and pointed out the existing shed roof over the library and noted that the
result is a 7-1/2’ high ceiling in the space. He noted other modifications
proposed as part of the project that are not related to the request for a
variance. He provided photos of neighboring homes and noted that some of
the neighbors submitted letters in support of the project. He reviewed the
proposed site plan noting how the driveway will be adjusted to better screen
the garage doors. He explained that the addition proposes a 6’ extension of
the library and pointed out the area of encroachment and noted the area of
increase from the existing condition. He reviewed the floor plans and
landscape plan. He presented a rendering of the house with the proposed
addition. He noted that the project will not have a negative impact on the
streetscape. He noted the slight modification to the bay window that will be
made, removal of one level of lites, as directed by Historic Preservation
Commission. He reviewed the criteria for a variance noting that the project
satisfies the applicable criteria.
Ms. Neuman noted that at the time the project was presented for initial staff
review, the petitioner was asked to study alternative plans in an effort to
eliminate or minimize the encroachment into the setbacks. She stated that in
considering alternatives, it was determined that there was not a practical way
to expand the room without some additional encroachment. She confirmed
that the Historic Preservation Commission supported the project and the
associated building scale variance after finding that the applicable criteria
were satisfied. She reviewed the limited portion of the project, the corner
addition, which requires a setback variance and is the focus of the Board’s
consideration. She noted that views of the addition from off of the site will be
limited and noted the letters of support received from neighboring property
owners. She stated that findings in support of the variance are detailed in the
staff report.
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January 27, 2014 Page 7
In response to questions from Board member Christoff, Ms. Neuman clarified
that the request is for a variance from the side yard setback and noted that
the applicable criteria are reviewed in the staff report. She acknowledged
that the petitioner addressed the criteria for a Special Use Permit in the
materials submitted.
Board member Dixon stated that the property is uniquely configured noting
that he knows the neighborhood very well. He stated his support for the
variance.
In response to questions from Chairman Franksen, Mr. Swanson confirmed that
the extent of the additional encroachment is 6 inches.
Hearing no further questions from the Board, Chairman Franksen invited public
testimony; hearing none, he invited final comments from the petitioner or staff,
hearing none, he asked for final comments from the Board.
Board member Kennedy stated that the project as proposed will enhance the
appearance of the front of the house and will have no impact on the
streetscape or neighboring property owners.
Board member Plonsker complimented the project.
Hearing no further comments Chairman Franksen invited a motion.
Board member Plonsker made a motion to recommend approval of the
variance from the required side yard setback as requested noting that the
motion is supported by the findings detailed in the staff report.
Board member Culbertson clarified that the motion includes the limitation that
including the overhang, the addition will be no closer than 16 feet to the side
yard property line.
Board member Plonsker confirmed that his motion supports the project as
presented, no closer than 16’ to the property line including the extent of the
existing encroachment plus the additional 6 inches.
The motion was seconded by Board member Dixon and was unanimously
approved by the Board by a vote of 7 to 0.
OTHER ITEMS
6. Opportunity for the public to address the Zoning Board of Appeals on matters
not on the agenda.
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There was no other public testimony presented to the Board.
7. Additional information from staff.
There was no additional information from City staff.
The meeting was adjourned by Chairman Franksen at 7:19 p.m.
Respectfully submitted,
Catherine J. Czerniak
Director of Community Development