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ZONING BOARD OF APPEALS 2011/09/26 Minutes The City of Lake Forest Zoning Board of Appeals Proceedings of the September 26, 2011 Meeting A regular meeting of the Lake Forest Zoning Board of Appeals was held on Monday, May 23, 2011, at 6:30 p.m., in the Council Chambers of City Hall, 220 E. Deerpath, Lake Forest, Illinois. Zoning Board of Appeals’ members present: Chairman Rosemary Kehr and Board members Richard Christoff, Lloyd Culbertson, Stewart Dixon, Robert Franksen, Jay Kennedy and Sam Ciccarelli. Zoning Board of Appeals member absent: None Staff present: Catherine Czerniak, Director of Community Development 1. Introduction of Board members and staff, overview of meeting procedures Chairman Kehr reviewed the role of the Zoning Board of Appeals and the meeting procedures followed by the Board. She invited members of the Board and staff to introduce themselves noting that two new members have joined the Board since the last meeting. 2. Approval of the minutes of the May 23, 2011 regular meeting. The minutes of the May 23, 2011 meeting were approved as submitted. NEW PETITIONS 3. A request for approval of a variance from the front yard zoning setback requirements to allow construction of a replacement front porch at 299 Rose Terrace. Owner: Bill Bartholomay Representative: Mark Downey, architect Chairman Kehr asked the Board for any conflicts of interest or Ex Parte contacts. Hearing none, she swore in all those intending to speak on this petition. She invited a presentation from the petitioner. Mr. Downey introduced the petition noting the areas of existing non- conformance with the Code on the property. He stated that the zoning district has changed since the house was built and that as a result, a variance is required to allow the proposed modifications to the front porch. He stated that there is no further encroachment into the setback than exists today noting the change in roof form from a shed roof to a more traditional flat roof detail. He showed elevations of the proposed front porch. He stated that the stairs will be Zoning Board of Appeals Minutes September 26, 2011 Page 2 wider than the existing condition. He stated that five letters of support were received regarding this request. Ms. Czerniak stated that this is a straightforward request. She stated that the existing house was built in compliance with the Zoning Code that was in place at the time of construction. She noted that the Zoning Code changed in 1959, creating a non-conforming condition on the property. She confirmed that the proposed front porch will not extend beyond the existing condition. She stated that the replacement porch will be slightly taller that what exists today. She stated that reconstructing the porch at the same setback helps to create a consistent setback and character along the street. She noted an error in the first line of the staff report noting that only a front yard setback variance is requested. In response to a question from Board member Kennedy, Ms. Czerniak confirmed that public notice was mailed consistent with the City’s standard practice. She confirmed that the correspondence received to date has all been in support of the petition. Chairman Kehr invited public testimony, hearing none, she invited questions or comments from the Board. Hearing none, she invited a motion from the Board. Board member Franksen made a motion to recommend approval of the requested variance to the City Council. The motion was seconded by Board member Kennedy and it was unanimously approved by the Board. 4. A request for approval of a variance from the front yard zoning setback requirements to allow construction of a new replacement structure at 737 Woodlawn Avenue. Owner: Steve Mast, DBA Reprieve Homeowners LLC Representative: Jeff Heaney, architect Chairman Kehr asked the Board for any conflicts of interest or Ex Parte contacts. Hearing none, she swore in all those intending to speak on this petition. Mr. Heaney presented the petition. He stated that the Building Review Board reviewed and approved the demolition request noting the importance of preserving the neighborhood character with the new house. He stated that a streetscape drawing was included in the Board packets. He explained that approval of a 21 foot setback, from the front bay window projection, is requested. He stated that the project complies with the side yard setback and height requirements. He stated the intention to construct a replacement house Zoning Board of Appeals Minutes September 26, 2011 Page 3 that is compatible with the neighborhood. Ms. Czerniak stated that this property has been a problem for the neighborhood and for the City and hase been identified as a distressed property under the Code. She stated that the City is pleased that the property was purchased and that a new project is proposed on the site. She stated that the petitioner first considered a remodel ing project but determined that the extent of demolition proposed constituted a complete demolition and a replacement structure. She noted that the Board rarely sees variance requests for new construction however in this case, given the strong pattern of encroachment into the front yard setback, a variance is appropriate to maintain a consistent setback along the street. She stated that granting a variance will eliminate the gap that would be created if all setback requirements were met with the replacement structure and the home was pushed back to meet the 40 foot front yard setback. She stated that the Building Review Board voted unanimously to approve the demolition of the existing house and the design of the replacement structure . She noted that correspondence was received in support of the project. She added that a neighbor requested the installation of a turnaround at the Woodlawn Avenue and noted that there is insufficient right-of-way to construct a turnaround on this street. She stated that extension and connection of Woodlawn Avenue was considered by the Plan Commission and City Council several years ago at the time of subdivision property to the east, however the City approved the subdivision without a provision for a street connection based on findings presented at that time. She stated that the property owners at the end of Woodlawn Avenue would need to give up a significant portion of their property in order to allow the creation of a turnaround further reducing the size of properties that are already very small. She recommended approval of the project as submitted. Board member Ciccarelli commended the petitioner on the project. In response to questions from Board member Franksen, Mr. Heaney stated that construction will start as soon as the appropriate approvals are in place. Ms. Czerniak explained that the Building Review Board approval is valid for two years. She stated that the Zoning Board of Appeals approval is specific to this project and is valid for one year after approval is granted by the City Council. Board member Kennedy commented on the inconsistency of all the homes along this street with respect to the front yard setback. In response to a question from Board member Kennedy, Ms. Czerniak stated that the City Council can direct any portion of the Code to be reviewed including Zoning Board of Appeals Minutes September 26, 2011 Page 4 zoning districts and setback requirements. She noted that in the case of demolition requests and siting of replacement structures, the project would be required to meet the design and siting standards in place through the Building Review Board. She commented that in cases like this, the siting questions may be resolved through the standard site and architectural review. In response to questions from Chairman Kehr, Ms. Czerniak confirmed that the project is addressed at 737 Woodlawn. She commented on the distressed property classification noting that properties that are not secure or properties that violate one or more of the nuisance criteria may be declared a distressed property. She provided an overview of the process for dealing with distressed properties. Chairman Kehr invited public comment. Hearing none, she invited final questions or comments. Board member Franksen commented that he lives around the corner from the house noting that the street is an idyllic street with families playing in the area. He stated that this is an opportunity to clean up a problem property. He stated that the question of the setback is very clear and straightforward noting his support for the project. Board member Christoff stated that when he visited the property, a truck was parked near the driveway and noted that it was difficult to get down the street. He expressed concern about emergency vehicle access given the configuration of Woodlawn. Mr. Heaney stated that the dead end street helps slow traffic and protects children playing in the area. Board member Circcarreli made a motion to recommend approval to the City Council of the front yard setback variance as submitted. The motion was seconded by Board member Dixon and it was unanimously approved. OTHER ITEMS 5. Opportunity for the public to address the Zoning Board of Appeals on matters not on the agenda. There were no additional comments from the public. 6. Additional information from staff. Zoning Board of Appeals Minutes September 26, 2011 Page 5 There were no addition comments from staff. The meeting was adjourned at 7:02 p.m. Respectfully submitted, Catherine J. Czerniak Director of Community Development