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ZONING BOARD OF APPEALS 2014/05/06 MinutesThe City of Lake Forest Zoning Board of Appeals Proceedings of the May 6, 2014 Meeting A regular meeting of the Lake Forest Zoning Board of Appeals was held on Monday, May 6, 2014 at 6:30 p.m., in the Council Chambers at City Hall, 220 E. Deerpath, Lake Forest, Illinois. (This meeting was re-scheduled from the regular April meeting date.) Zoning Board of Appeals members present: Chairman Robert Franksen and Board members: Lloyd Culbertson, Stewart Dixon, Richard Christoff, Sam Ciccarelli, Richard Plonsker 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. Consideration of Approval of the minutes of the January 27, 2014 and March 31, 2014 meeting. The minutes of the January 27, 2014 meeting were approved as submitted. The minutes of the March 31, 2014 were approved as submitted. 3. Consideration of a request for approval of a variance for an addition in the side yard setback at 773 Highview Terrace. Owners: Ryan and Kim Taylor Representative: Peter Witmer, architect 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. Witmer introduced the petition noting that the property is in the Northmoor neighborhood, an area where many of the lots do not conform to the current zoning requirements. He explained that the houses were built in the 1950’s and at that time, the side yard setbacks were less than they are today. He reviewed the existing site plan and pointed out that the house, in its present configuration, is setback just over 7 feet from the property line. He stated that the owners would like to remove an existing one story addition from the house and replace it with a new, two story addition. He noted that the house is modest in size. He stated that there will be no visual change to Zoning Board of Appeals Minutes May 6, 2014 Page 2 the front of the house and that from the side; the house will appear slightly longer. He explained that the proposed addition will add a fourth bedroom to the house. He stated that a scheme was considered that fully conformed to the current setback but noted that by removing 3 feet from the addition, the floor plan becomes very tight. He reviewed the roof plan and pointed out that the addition is designed to work with the existing massing. He reviewed the elevations noting the creation of a double gable. He stated that the materials on the addition will match those on the existing house. He pointed out the area of the proposed patio and dormer at the rear of the house. Ms. Neuman reviewed the petition noting the smaller lots in this neighborhood and acknowledging that the required setbacks in the applicable zoning district have changed over time. She noted that only a small portion of the proposed addition encroaches into the side yard setback and pointed out that the existing one story addition is located generally in the same footprint as the replacement addition now proposed. She stated that the proposed addition will have little impact on the surrounding properties and no impact on the views from the streetscape. She stated that findings in support of the variance request are provided in the staff report. In response to questions from Chairman Franksen, Mr. Witmer reviewed the current setback requirements noting that the side yard setback is 10’ and the rear yard setback is 35’. He pointed out the location of the setback lines in relation to the proposed replacement addition. In response to questions from Board member Culbertson, Mr. Witmer confirmed that the tree at the southeast corner of the house will need to be removed. In response to questions from Board member Culbertson, Ms. Neuman confirmed that at the time of submittal for permit, a partial landscape plan for the property will be required and the City Arborist will review the plan to confirm that inch for inch replacement for the tree lost is reflected in the plan. In response to questions from Board member Culbertson, Mr. Witmer reviewed the height and footprint of the proposed addition. He acknowledged that the entry into the garage is tight, but noted that the existing garage is in good condition. In response to questions from Board member Dixon, Mr. Witmer confirmed that the addition will not alter the drainage on the site. He confirmed that the property drains to the south and will not change. In response to questions from Board member Plonsker, Mr. Witmer stated that the basement will not be expanded. Hearing no further questions from the Board, Chairman Franksen invited public testimony; hearing none, he invited final comments from the petitioner or staff. Zoning Board of Appeals Minutes May 6, 2014 Page 3 Hearing none; he invited final questions or comments from the Board. Board member Christoff noted that correspondence was received from two neighboring property owners stating support for the project. Chairman Franksen commented that as noted by the petitioner and staff, this is a neighborhood of smaller lots and the zoning setback requirements have changed in this area since many of the houses were built. He noted that no change is proposed to the front elevation and that the replacement addition will be constructed in a similar footprint and with a similar setback as the existing porch. He stated that the purpose is to gain more living space in a modest sized house. He stated that given the factors specific to this request, he is comfortable that a hardship exists. Board member Dixon made a motion to recommend approval of a side yard setback variance to allow a replacement addition to be constructed no closer than 7’ to the property line consistent with the site plan and elevations presented to the Board. He stated that the recommendation is based on the findings detailed in the staff report and incorporates the Board’s deliberations as additional findings in support of the recommendation to the City Council. The motion was seconded by Board member Ciccarelli and was approved by the Board in a vote of 7 to 0. 4. Consideration of a request for approval of an amendment to the Special Use Permit for Ragdale, located at 1260 N. Green Bay Road. The proposed amendment is requested to support the annual Ragdale Ring community event. Other minor modifications are proposed to align the Special Use Permit with the current activities on the site. Owner: The City of Lake Forest Lessee, Property Manager and Operator: The Ragdale Foundation Representatives: Jeffrey Meeuwsen, Executive Director Jack Danch, Director of Property 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. Meeuwsen introduced the petition noting that he has been the Executive Director at Ragdale for a year and a half. He stated that he came from an organization that involved the surrounding community in events and stated his interest in bringing that approach to Ragdale. He stated that Ragdale is a unique organization in Lake Forest and that since his arrival; he has talked to others in the organization and to neighboring property owners about ideas that would balance the need to preserve the sanctity and quiet of the site with opportunities for to engage with the community. He stated that those discussions led to the present request for minor updates to the Zoning Board of Appeals Minutes May 6, 2014 Page 4 existing Special Use Permit. He provided a brief history of the Ragdale Ring noting that in 1912, Howard Van Doren Shaw created the original ring to the rear of the house and hosted events for his neighbors on the lawn on summer evenings. He stated that recreating the Ragdale Ring concept is a great opportunity to embrace the history of Ragdale while at the same time, raising Ragdale’s visibility in the community. He reviewed Ragdale’s mission noting that respecting the historic of the site, preserving the campus and supporting the artist residents are all part of the mission. He noted that last year, the City Council authorized a one year pilot for the Ragdale Ring project. He commented that through that experience, much was learned. He stated that today, an international competition for the temporary artwork is planned. He explained that the artwork selected will be temporarily installed behind the Ragdale house and throughout the summer months, a series of performances will be offered near the artwork. He stated that the Ragdale Foundation is ready to move forward with the Ragdale Ring events as an annual event. Ms. Czerniak reviewed the proposed change to the Special Use Permit that authorizes Ragdale to operate on this site, in a residential zoning district. She reviewed the proposed Ragdale Ring Project noting that on an annual basis, Ragdale will hold a competition, select a piece of artwork, the artwork will be installed in the rear yard of Ragdale each spring and during the summer months, a series of evening performances will be held near the artwork. She noted that several conditions of approval are recommended in the staff report and in particular, a condition is recommended to require the artwork to be removed after the seasonal performances based on input just received from the Lake Forest Open Lands Association. She confirmed that the City Council authorized a pilot program of the Ragdale Ring Project last year and stated that the City did not receive any complaints about the event. She stated that throughout last year’s season, Ragdale representatives communicated with neighboring property owners. She stated that the performances were low key events. She stated that based on the success of the pilot program, a petition is now before the Board for an amendment to the Special Use Permit to allow the Ragdale Ring Project to occur on an annual basis, subject to conditions of approval. She noted that one other minor modification, unrelated to the Ragdale Ring Project, is requested to some allow flexibility with respect to the mix of artists and staff permitted to reside on the site at any one time. She clarified that the amendment does not request an increase in the total number of residents permitted on the site. She reviewed that the City owns the Ragdale property and that Ragdale staff and City staff work together closely. She commented that the recent extensive restoration of the Ragdale house would not have been possible without the Ragdale Foundation. She stated that staff recommends approval of the requested amendments to the Special Use Permit subject to conditions of approval as detailed in the staff report. In response to questions from Board member Christoff, Mr. Meeuwsen explained that the artwork is a temporary structure. He confirmed that the artwork from last year remains on the site and will be removed very soon. He explained that the project is Zoning Board of Appeals Minutes May 6, 2014 Page 5 intended to showcase various types of artwork in a way that is appropriate for the surrounding neighborhood and the quiet character of the Ragdale property. He confirmed that the structure is temporary. Chairman Franksen commented that Ragdale is a jewel in the community and stated an interest in continuing to support this institution. He noted however that the Board’s job is to make sure that the character of the overall use as authorized by the original Special Use Permit is maintained. He noted that conditions of approval are recommended in the staff report as a means to accomplish that goal. He noted that the Board received a letter from Lake Forest Open Lands just before the meeting. In response to further questions from Board member Christoff, Mr. Meeuwsen reviewed the timeline for the annual project. He noted that the artwork would be installed in May of each year, the performances would begin in June, and the artwork would be removed in October. He noted that three performances are planned for this year. In response to questions from Board member Ciccarelli, Mr. Meeuwsen stated that the artwork anticipated for this year is an organic structure that will not withstand the weather for an extended period of time and would likely be removed in October. He confirmed that each year, the artwork would be removed consistent with the conditions as recommended by staff. Chairman Franksen noted that the condition as recommended by staff requires the artwork to come down by November 15th of each year. In response to questions from Board member Kennedy, Mr. Meeuwsen explained that a jury of highly qualified professionals selects the artwork. He confirmed that the artwork is temporary and will change every year. In response to questions from Board member Culbertson, Mr. Meeuwsen confirmed that the artwork will be installed at only one location on the site but could be made up of more than one component. He stated that the jury reviews the proposed projects to confirm that the artwork is appropriate in size and character for the site. He stated concern that if specific limitations are put in place, the designers and architects will have less freedom in the creative process. In response to questions from Board member Plonsker, Mr. Meeuwsen stated that the type of materials used to construct the artwork is left to the design team . He stated that a $15,000 award is provided to the artist for creation and installation of the artwork. In response to questions from Chairman Franksen, Ms. Czerniak confirmed that building permits and inspections are required for the temporary structure, the artwork. She stated that since the project involves a temporary piece of artwork, no design review by the City is planned. She noted however that if desired by the Board, a condition Zoning Board of Appeals Minutes May 6, 2014 Page 6 could be added requiring that the artwork be compatible with the Ragdale house. Board member Kennedy questioned how compatibility would be defined. Board member Culbertson stated that the intent would be to not allow something wildly out of context with the site and community. In response to comments from the Board, Mr. Meeuwsen stated that the artwork submitted as part of the competition is carefully vetted by a team of professionals to assure that it is appropriate for the site. In response to questions from Board member Plonsker, Mr. Meeuwsen stated that limited lighting was brought in for one performance last year and removed immediately after the performance. He stated that no amplification was used. In response to questions from Board member Culbertson, Mr. Meeuwsen stated that there is no desire to have a beacon of light sitting on the back lawn disrupting the residents on the site. He stated that minimal lighting may be used during performances and if appropriate, limited amplification. In response to a question from Board member Plonsker, Board member Culbertson confirmed that the artwork from last year is visible from Green Bay Road. In response to questions from Board member Plonsker, Mr. Meeuwsen stated that the existing artwork is about 25‘ high. In response to questions from Board member Culbertson, Mr. Meeuwsen said that if amplification is used for a performance, the volume will be limited due to the nature of the performances and the character of the site. He stated that performances will end by 10 p.m. He stated that the performances are family oriented, not rock concerts. In response to questions from Board member Culbertson, Ms. Czerniak confirmed that there is a standard noise limitation in the City during evening hours. In response to questions from Board member Kennedy, Ms. Czerniak confirmed that a Special Use Permit is adopted by Ordinance and has conditions of approval that must be followed. She noted that if the conditions are not followed, staff or neighboring property owners could bring the matter back before the Board for review. She confirmed that a process is in place to address any issues that arise. In response to questions from Board member Board Plonsker, Mr. Meeuwsen stated that three performances are anticipated this year including a world music acoustic evening, a story teller and a combination of improv and a dance performance. In response to questions from Board member Culberson, Mr. Meeuwsen confirmed that Zoning Board of Appeals Minutes May 6, 2014 Page 7 all performances are one day events, just in the evening. He noted that some setup time may be required a day or two before the performance. Board member Culbertson noted that the conditions indicate that no more than five outdoor project events are permitted. He suggested that the condition be modified to clarify that each performance is a one day event. In response to questions from Chairman Franksen, Mr. Meeuwsen acknowledged that Ragdale has a different event, a Novel Affair, which is a fund raiser that is a two to three day event, but noted that does not take place on the Ragdale property but at scattered sites around the community. In response to questions from Board member Culbertson, Ms. Czerniak confirmed that a liquor license is issued separately from the Special Use Permit subject to approval by the City’s Liquor Commissioner, the Mayor. In response to questions from Board member Plonsker, Mr. Meeuwsen stated that Ragdale would be open to having someone from the City on the jury. He offered that in lieu of having someone sit on the jury, immediately after review by the jury, the preferred project could be sent to the City for review and input. He noted that there is time between jury review and notification of award to provide for City input. He confirmed that the jury is an accomplished group of professionals selected on a yearly basis. In response to questions from Board member Christoff, Mr. Meeuwsen stated that attendance at last year’s performances ranged from 60 to 120 people. He stated that people brought blankets and lawn chairs and sat on the lawn behind the house. He stated that the lawn could accommodate more people than attended last year’s performances. Chairman Franksen stated an interest in supporting the request however; he noted that Lake Forest Open Lands’ Association raised some good issues which deserve discussion. He noted that the time frame for the artwork was a key issue raised. He stated that the dates suggested in the conditions recommended by staff seem reasonable noting that as recommended; the artwork would need to be removed by November 15th of each year. Board member Culbertson suggested that the condition could allow construction to start as early as May 1st. In response to questions from Board member Plonsker, Ms. Czerniak stated that no complaints about views of the structure from Green Bay Road were received by City staff. She confirmed that notice of this meeting was mailed to surrounding properties in the neighborhood. Board member Plonsker questioned whether there is a way to develop a height Zoning Board of Appeals Minutes May 6, 2014 Page 8 restriction based on where the artwork sits on the site to assure that the artwork is not visible from Green Bay Road. Chairman Franksen offered that he drove by the site and did not notice the structure. Board member Culbertson acknowledged that although he saw the existing artwork, it is not highly visible from Green Bay Road due to its location behind the house. He stated that the Lake Forest Open Lands’ Association appeared to be more concerned about visibility of the structure from the nature preserve. In response to questions from Board member Culbertson, Ms. Czerniak confirmed that the current structure meets zoning setbacks and that future structures would be required to meet the setbacks. In response to questions from Board member Ciccarelli, Mr. Meeuwsen confirmed that any lights would only be illuminated during performance and would only be visible from the house, not from Green Bay Road. Chairman Franksen noted general comments by Open Lands about the reasonableness of character and scale of the artwork. He commented that the Board’s previous discussion addressed that issue. He noted that Open Lands also requested that any lighting be shut off by 9 p.m. He noted that the condition recommended by staff requires the event, including clean up, to be completed by 10:30 p.m. He stated that the condition as suggested by staff is reasonable. In response to questions from Board member Culbertson, Mr. Meeuwsen stated that no parking is permitted on residential streets noting that offsite parking is permitted only in City public parking lots in the Central Business District. In response to a question from Chairman Franksen, Ms. Czerniak reviewed that the Zoning Board of Appeals hears requests for amendments to existing Special Use Permits and the Plan Commission hears requests for new Special Use Permits. In response to questions from Board member Kennedy, Ms. Czerniak explained that if granted, the Special Use Permit would allow the event to occur every year. She confirmed that if the terms of the agreement are not met or if problems arise, staff would first communicate with Ragdale staff and then, if necessary, would bring the matter before the Board for further discussion. Chairman Franksen clarified that if necessary, the conditions of approval could be tightened up or the approval could be revoked by the City. In response to questions from Board member Dixon, Ms. Czerniak stated that the City received no complaints during the pilot project authorized by the City Council by Resolution last year. Zoning Board of Appeals Minutes May 6, 2014 Page 9 Chairman Franksen invited public testimony, hearing none, he invited final questions, hearing none, he stated that he wants to support this request. He stated that the Board is responsible for assuring that in recommending approval of this amendment, the terms of the original Special Use Permit are protected. At the request of Chairman Franksen, Ms. Czerniak reviewed options for modifications to the conditions are recommended and additional conditions based on the Board’s discussion. • Lighting shall be limited to the evenings of performances only and shall not be visible from Green Bay Road. • Events shall be 1 day only with the allowance for some setup time. • City staff shall review the preferred artwork selected by the jury to confirm that setbacks are met and that it is generally compatible in character and scale with Ragdale and the surrounding neighborhood. • No offsite parking is permitted on residential streets. Chairman Franksen and Board member Culbertson stated that a condition prohibiting the visibility of light from Green Bay Road during performances is not necessary. In response to questions from Board member Ciccarelli, Chairman Franksen confirmed that the lighting will not be on when there are not performances. Board member Culbertson suggested that the artwork should be located behind the house line of the front of the house and in conformance with the zoning setbacks. Board member Culbertson stated support for the Ragdale Ring Project. Board member Christoff noted that no negative comments were received. Board member Christoff made a motion to recommend approval of an amendment to the Ragdale Special Use Permit to allow flexibility in the mix of employees and artists residing on the site and to authorize the Ragdale Ring Project on an annual basis subject to the following conditions of approval. 1. Adequate off-site parking shall be provided for all Project Events. No parking is permitted on residential streets. 2. No more than five outdoor, one day, Project Events shall occur from May through October of any calendar year with installation of the artwork permitted to begin no earlier than May 1st. 3. Each Project Event must be completed (including any clean-up and/or tear- down) no later than 10:30 p.m. Zoning Board of Appeals Minutes May 6, 2014 Page 10 4. All required permits, approvals and inspections must be obtained and completed, including, but not limited to, permits for tents or temporary structures and service of food or alcoholic liquor. 5. Prior to the issuance of permits for temporary structures and artwork, staff shall confirm compliance with applicable setbacks and general compatibility with Ragdale and the surrounding properties. 6. Any and all temporary structures and artwork erected or installed as part of the Ragdale Ring Project shall be removed from the Ragdale Property no later than November 15th of each calendar year. The motion was seconded by Board member Kennedy and was approved by the Board by a vote of 7 to 0. OTHER ITEMS 5. Opportunity for the public to address the Zoning Board of Appeals on matters not on the agenda. There was no other public testimony presented to the Board. 6. Additional information from staff. Chairman Franksen recognized and thanked Board members Dixon and Ciccarelli and announced that they have completed their terms and will be leaving the Board. He also recognized and thanked Megan Neuman from the City staff who is relocating out of State. He noted that she made the Board’s work efficient and smooth. The Board members expressed their appreciation and thanks to all. There was no additional information from City staff. The meeting was adjourned by Chairman Franksen at 7:35 p.m. Respectfully submitted, Catherine J. Czerniak Director of Community Development