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ZONING BOARD OF APPEALS 2016/08/22 MinutesThe City of Lake Forest Zoning Board of Appeals Proceedings of the August 22, 2016 Meeting A regular meeting of the Lake Forest Zoning Board of Appeals was held on Monday, August 22, 2016 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 Louis Pickus and Board members Richard Plonsker, Kevin Lewis, Nancy Novit, Lloyd Culbertson, and Michael J. Sieman Zoning Board of Appeals members absent: Board member Mark Pasquesi Staff present: Michelle Friedrich, Planning Technician and Catherine Czerniak, Director of Community Development 1. Introduction of Board members and staff, overview of meeting procedures. Chairman Pickus reviewed the role of the Zoning Board of Appeals and asked members of the Board and staff to introduce themselves. 2. Consideration of the minutes from the July 25, 2016 meeting. The minutes of the July 25, 2016 meeting were approved as presented. 3. Consideration of a request for a variance from the side yard setback to allow construction of an open porch located at 1229 W. Cascade Court South. Owners: Joseph and Courtney Oriti Chairman Pickus introduced the agenda item and asked the Board for any Ex Parte contacts or conflicts of interest. Hearing none, he invited a presentation from Mr. Oriti and swore in all those intending to speak. Mr. Oriti introduced the petition and noted the variance request is for a side yard setback variance for an open porch. He noted that about 10 days after moving to the home, about a year ago, a tree fell on the home. He noted that as a result of fixing damage from the tree, preexisting foundation damage was found, unrelated to the tree falling. He noted that it was caused by multiple factors, including years of water infiltration. He noted that current plans call for construction of a new foundation wall , in front of the existing foundation wall with an open porch to tie the two together. He noted the slab will connect the foundation walls and a roof overhang is proposed to create the porch. He stated the variance request is for a 2’3” encroachment into the side yard setback which will allow the front porch to be constructed in conformance with the existing footprint of the home. He noted that the project was Zoning Board of Appeals – Minutes August 22, 2016 Meeting Page 2 of 4 approved by the Building Review Board earlier in August. He noted that the existing house was built in 1969 and is approximately 10 feet from the side yard property line and the required zoning setback for the property is 12 feet from the property line. Ms. Friedrich noted that the existing house that is the subject of the petition was built in 1969 and based on today’s Code, encroaches into the side yard setback 2’3”. She explained that the petition was heard by the Building Review Board earlier in August and the Board expressed their support for the project, including the siting of the open front porch. She reaffirmed the petitioner’s statement that a tree fell on the house about one year ago, causing the petitioners to conduct an evaluation of the home. She noted that the petitioners learned about the existing foundation wall deficiencies, which were unrelated to the damage caused by the tree. She stated that in response to those deficiencies a modest, open front porch is proposed as part of the solution to the ongoing water infiltration and to correct the foundation wall problems. Hearing no questions from the Board, Chairman Pickus invited public comment, hearing none; he invited comments from the Board. Board member Lewis noted that this is a reasonable request and pointed out that the need for the variance was not created by the property owner. He stated support for the project. Chairman Pickus commented that the porch is a logical design solution to help address the existing problems on the site. Hearing no further comments from the Board, he invited a motion from the Board. Board member Lewis made a motion to approve the petition based on the findings of fact provided in the staff report and the site plan presented. The motion was seconded by Board member Sieman and was approved by a vote of 6 to 0. 4. Consideration of a request for a variance from the front yard setback to allow construction of a replacement single family residence located at 373 E. Westminster. Owners: Douglas and Mary Donovan Representative: Richard Swanson, architect Chairman Pickus introduced the agenda item and 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. Mr. Donovan introduced the petition and noted that he moved into the home about 14 years ago. He stated that over time, he has considered different renovation ideas and eventually reached a decision that culminated in the request that is before the Zoning Board of Appeals – Minutes August 22, 2016 Meeting Page 3 of 4 Board this evening. He noted that this petition was also heard by the Historic Preservation Commission recently and received support He noted that the front yard setback on the plat is 80’ but noted that the proposed siting of the house is in line with the existing homes. Ms. Friedrich noted that the petition before the Board is for a replacement residence located partially in the 80 foot front yard setback, as established by the subdivision plat. She confirmed that the project received support from the Historic Preservation Commission. She noted that the property is in the R-1 District, which has a front yard setback of 40 feet, different from the front yard setback established by the plat of subdivision. She described the petitioner’s intent to strike a balance between the setback established by the plat of subdivision, the current zoning district setback and the setbacks of the surrounding homes. She also described the curvature of Westminster through the neighborhood and its impact of the front yard setback in this area. She noted that at the closest point, the house encroaches 16’6” into the 80’ front yard setback and noted that the house is in full conformance with the current setback for the applicable zoning district. She described the open front porch along the front of the home that wraps around to the east side of the home noting that feature will aid in reducing the appearance of mass of the residence. In response to questions from Chairman Pickus, Ms. Friedrich clarified that the subdivision was approved in 1961 and established the 80’ setback. She added that the plat approved a 4 lot subdivision, comprised of this home and the residence to the east to which the 80 foot setback applies, and the homes directly behind each house. She confirmed that other homes in the neighborhood follow the 40-foot front yard setback consistent with the zoning district requirements. In response to questions from Board member Novit, Ms. Friedrich noted that the zoning districts shift in this area from R-1 to GR-3, but all have a 40’ front yard setback. She confirmed that other homes in the area conform to the 40’ setback consistent with the requirements of the zoning district. In response to questions from Board member Lewis, Ms. Friedrich offered that the vicinity map in the packets provides a good overview of where the neighboring homes sit in relation to the property lines and the street. In response to questions from Chairman Pickus, Ms. Friedrich noted that the homes in the neighborhood are generally setback 40’ from the front property line. She explained the petitioner is trying to strike a balance between the differing setbacks established by the Code and the plat and site the house in keeping with the streetscape. In response to questions from Board member Plonsker, Mr. Donovan indicated that the approximate square footage of the existing home is about 2200 square feet and the proposed home is under the allowable square footage at about 4500 square feet. Zoning Board of Appeals – Minutes August 22, 2016 Meeting Page 4 of 4 In response to questions from Chairman Pickus, Mr. Swanson explained that the house to the east is setback about 68’ from the front property line. He noted that Westminster curves in this area. He noted the Historic Preservation Commission support of the petition. He stated that the proposed home is behind the Code required 40’ setback but encroaches into the 80’ setback reflected on the plat of subdivision. In response to questions from Board member Sieman, Ms. Czerniak confirmed that the petitioner could apply for an amendment to the plat of subdivision with the consent of the other property owners in the subdivision but noted the variance process is a more direct and streamlined process for dealing with the front yard setback issue. Hearing no further questions from the Board, Chairman Pickus invited public comment, hearing none; he invited final questions or comments from the Board. Board member Sieman stated support for the variance. He stated that he believes the siting of the house as proposed is appropriate for the neighborhood. Chairman Pickus agreed that siting achieves a balance that works and allows the house to blend in with the existing neighborhood. He acknowledged that the house could be sited to comply with the setbacks, but the residence would look out of place. Hearing no further comments from the Board, Chairman Pickus invited a motion from the Board. Board member Culbertson made a motion to recommend approval of a front yard variance at 373 E. Westminster based on the findings in the staff report. The motion was seconded by Board member Sieman and was approved by a vote of 6 to 0. 7. Public testimony on non-agenda items. No further public testimony was presented to the Board. 8. Additional information from staff. The meeting was adjourned at 7:00 p.m. Respectfully submitted, Michelle E. Friedrich Planning Technician