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ZONING BOARD OF APPEALS 2014/06/23 MinutesThe City of Lake Forest Zoning Board of Appeals Proceedings of the June 23, 2014 Meeting A regular meeting of the Lake Forest Zoning Board of Appeals was held on Monday, June 23, 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: Lloyd Culbertson, Richard Christoff, Richard Plonsker and Louis Pickus Zoning Board of Appeals members absent: One position vacant. Staff present: 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. Recognition of Outgoing Board member Sam Ciccarelli. Chairman Franksen read a proclamation recognizing the valiant efforts and contributions of past Board member Ciccarelli and thanked him for his service. He presented a plaque to Mr. Ciccarelli commemorating his time on the Board. 3. Consideration of Approval of the minutes of the May 6, 2014 meeting of the Zoning Board of Appeals. The minutes of the May 6, 2014 meeting were approved as submitted. 4. Consideration of a request for approval of a variance from the side yard setback for a small addition to the rear of the house located at 1024 Waveland Road. Owner: Peter Hessemer Representative: Michael Hrusovsky 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. Hrusovsky introduced the petition and explained that a variance is requested from the side yard setback to accommodate a small addition to the rear of the house. He reviewed the location of the house, the surrounding neighborhood and stated that the house was constructed in the 1950s. He noted that small ranch homes are typical to the neighborhood and added that the area is heavily wooded. He noted that like other houses on the west side of Waveland Road, this Zoning Board of Appeals Minutes June 23, 2014 Page 2 house borders the Skokie Creek and as a result, development of the lot is limited by the flood plain in the rear yard. He stated that the property is in the R2 zoning district and 12’ side yard setbacks are required. He said that the house today is approximately 2,000 square feet, about 65% of the total square footage allowed on the property. He stated that the flood plain comes within about 10’ of the rear of the house and prevents an addition extending to the rear. He explained that as a result, the only area available for an addition is at the corner of the house, in the location proposed. He noted that a small portion of the existing house is non- conforming with respect to the side yard setback due to a change in the setback after the house was constructed. He described the interior spaces in the existing house and explained that the proposed addition will allow one of the three bedrooms to be expanded into a modest sized master bedroom with a bath. He reviewed the proposed rear elevation noting that the roof will match an existing gable. He noted that the addition as sited avoids the window well for the basement and a window for one of the bedrooms. He noted that the property owners, as required because of the flood plain, have worked with FEMA and have obtained the necessary approvals. He reviewed other configurations for the addition that were studied noting again, the limited options. He noted that the other alternatives compromise the floor plan for the already small bedroom and impact an escape window for one of the bedrooms. He provided photos of the neighboring house near the addition and explained that the north elevation of the neighboring house has small windows and a large fireplace in the vicinity of the addition. He added that the neighboring house sits relatively far back from the property line and stated that the impact of the addition on the neighboring home is minimal. He noted that the petitioners have talked with the neighbors and received support for the proposed addition. He concluded noting that a variance of 7’ is requested to allow the construction of the addition. He stated that the encroachment is measured to the furthest extent of the eave. Ms. Czerniak reviewed the request. She noted that the proposed addition is straight forward and confirmed that the opportunity to expand the house is limited by the presence of the flood plain. She noted that the petitioners have patiently worked through the necessary process with FEMA and have the required approvals from that agency to allow the proposed addition. She stated that the hardship in this case is twofold. She stated that first; the house was built in full conformance with the setbacks in place at the time of construction. She stated that the zoning setbacks were changed in later years. She added that the presence of the flood plain is the second hardship noting that it prevents expansion of the house to the rear. She confirmed that a plan was prepared in full conformance with the setbacks but was an inferior plan from a functional perspective. She stated that given the small size of the addition, compromising the functionality does not seem like a reasonable approach. She stated that the encroachment of the proposed plan is 7’ at the maximum point of encroachment. She stated that the required setback is 12’. She stated that the staff report includes findings in support of the variance. Zoning Board of Appeals Minutes June 23, 2014 Page 3 Chairman Franksen invited questions from the Board. In response to questions from Board member Pickus, Mr. Hrusovsky stated that the area of encroachment is about 10’ x 4’, about 40 square feet. Hearing no further questions, Chairman Franksen invited public testimony. Bruce Mclvaine, 1062 S. Green Bay Road, stated that he lives near the property noting that his property fronts on both Green Bay and Waveland Roads. He stated that as a rule, he supports small additions to modest houses. He stated however in this case, the addition could be shifted to the north to avoid the need for a variance. He stated that the window well could be addressed. He noted that encroachment into side yards can impact a neighborhood over time and questioned what would happen if the neighbor to the south of the addition requested a variance. He stated objection to the project as currently proposed. Hearing no further requests to speak, Chairman Franksen closed the public hearing. In response to questions from Board member Plonsker, Ms. Czerniak stated that each variance is considered based on the unique set of factors for that particular property. She acknowledged that the neighboring property owner could make a similar request and may be able to build a case for a variance. She acknowledged that if variances are granted for two neighboring properties, the space between the neighboring homes is reduced. She stated that the neighboring house today does not encroach into the side yard setback unlike the house in this petition. In response to questions form Board member Culbertson, Mr. Hrusovsky stated that the existing house encroaches into the side yard setback about 2-1/2’. He stated that with the addition, the full encroachment would be about 7 feet. In response to questions from Board member Christoff, Mr. Hrusovsky confirmed that the neighbor to the south submitted a letter in support of the project. He added that due to the flood plain in this area, basements are not permitted further limiting available space. He noted that each variance stands on its own merit. He reiterated that the options for expanding this house are limited. Chairmen Franksen noted that the Board received a couple letters from neighboring property owners in support of the project. Board member Plonsker stated that he is surprised that neighbor to the south wrote a letter in support of the project noting that it will reduce the space between the two houses. Zoning Board of Appeals Minutes June 23, 2014 Page 4 Chairmen Franksen stated that in his opinion, the limited area of encroachment that will result from the addition will not have a negative impact on the adjacent property. He added that the area is fairly heavily wooded area. Board member Christoff stated that he would be interested in hearing from the neighbor to the south but noted that they have not raised any objections. In response to questions from Board member Plonsker, Mr. Hrusovsky explained that the backyard is dug up because of the soil borings that were taken. He reiterated that the neighbor to the south is in support of the project. Chairman Franksen stated that the Board’s charge is to determine whether specific aspects of each variance request meet the specific criteria in the Code. Board member Culbertson acknowledged Mr. McIvaine’s point that care needs to be taken in approving variances but noted that the existing house already encroaches into the setback and the proposed further encroachment is minimal. He noted that if the house had been squared off originally, it would have encroached to the extent now proposed. He clarified that the Board considers each request on a case by case basis noting that by approving a variance, the Board does not establish a precedent for future specific petitions. He stated that he can support the petition. He suggested that consideration be given to adding landscaping to screen the neighboring home. Chairman Franksen stated that in this case, landscaping may not be a key issue. He stated that the overall plan is reasonable and that it does not appear to cause harm to the neighboring property owner. He noted that the petition is in keeping with the character of the area and does not impact the light and air to neighboring properties. In response to questions from Board member Plonsker, Ms. Czerniak stated that the distance from the back of the house to the creek is about 100’ resulting in more than half of the property being unavailable for development. Board member Culbertson made a motion to recommend approval of the variance to the City Council to allow a portion of the addition to encroach into the side yard setback consistent with the plans presented to the Board and at no point encroaching closer than 7 ft. to the property line. Board member Plonsker seconded the motion and the motion passed in a vote of 5 to 0. 5. Recognition of Outgoing Board member Stewart Dixon. Chairman Franksen read a proclamation recognizing the contributions of past Board member Dixon and thanked him for his service and his particular attention to drainage Zoning Board of Appeals Minutes June 23, 2014 Page 5 issues with every single petition. He presented a plaque to Mr. Dixon commemorating his time on the Board. OTHER ITEMS 6. 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. 7. Additional information from staff. 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