Zoning Board

VILLAGE OF PALATINE VILLAGE HALL - COUNCIL CHAMBERS 200 E. WOOD STREET PALATINE, IL 60067-5339 – (847) 359-9050 http://www.palatine.il.us ZONING BOARD OF APPEALS AGENDA ● DECEMBER 13, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - Oct 25, 2022 7:00 PM III. PUBLIC HEARING 1. 948 N. Topanga Drive Variations to permit a fence to be set back 0 feet from the side property line abutting a street, instead of the minimum required 5 feet, and to not install the required landscaping materials between the fence and the lot line abutting a public street. 2. 1153 N. Edgewater Court Special Use to permit an addition to be set back 36 feet from the rear lot line, instead of the minimum required 40 feet. 3. 126 N. Elmwood Ave Variation to permit an accessory structure to be 770 square feet, instead of the maximum permitted 700 square feet. IV. COMMUNICATIONS V. ADJOURNMENT VILLAGE OF PALATINE Page 1  2.1 VILLAGE OF PALATINE VILLAGE HALL - COUNCIL CHAMBERS 200 E. WOOD STREET PALATINE, IL 60067-5339 – (847) 359-9050 http://www.palatine.il.us ZONING BOARD OF APPEALS MINUTES ● OCTOBER 25, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER Attendee Name Title Status Arrived Cindy Roth-Wurster Commissioner Present Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) Jan Wood Commissioner Present Jerry Luszczak Commissioner Absent Theodore McGinn Commissioner Absent Kevin Cavanaugh Commissioner Present John Pirog Commissioner Present II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - Sep 27, 2022 7:00 PM - Accepted RESULT: ACCEPTED [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Cavanaugh, Pirog ABSENT: Luszczak, McGinn VILLAGE OF PALATINE Page 1 Packet Pg. 2  2.1 Minutes Zoning Board of Appeals October 25, 2022 III. PUBLIC HEARING 1. 990 S. Cedar Street - Recommended to Approve Notice was published in the Daily Herald on October 10, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use 2. Proof of Ownership 3. Site Plan Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) 4. Floor Plan & Elevations 5. Public Notice Sworn in staff: Mr. Alex Bradshaw Sworn in the petitioner: Mr. Robert Gerowitz 990 S. Cedar Street & Ms. Kristin Berryhill Owner of Archadeck 395 W Northwest Hwy Ms. Berryhill stated they are looking to build a screened-in porch. She stated it would be an open porch with no air-conditioning or insulation and will be located off the back of the house. Mr. Gerowitz further explained they are looking for setback relief. He stated the existing deck has settled and is unsafe to walk on. Mr. Gerowitz stated this will be a great improvement to the quality of life. Ms. Wood clarified what is remaining and what is coming down. Mr. Gerowitz explained the gazebo and deck will come down. He further explained they are not adding any decking but rather using the existing footprint. He pointed out they currently have a deck and a swimming pool. Ms. Roth-Wurster clarified they are not adding any additional decking. Mr. Gerowitz answered that is correct. Mr. Pirog asked if there will be a concrete foundation. Mr. Gerowitz answered no. Ms. Wood asked if there was any way to do without relief. Mrs. Berryhill answered no due to the position of the entrance. Mr. Bradshaw gave a brief overview stating the subject property is zoned R-2 with a 40ft rear yard setback. He stated the rear yard abuts Birchwood swimming pool referring to the aerial slide. He stated the addition would not encroach in either side yard setback. Mr. Bradshaw spoke to the unique shape of lot pointing out any changes would require relief. He pointed out there is a comparable setback relief granted in 2017 for 991 S. Cedar. Mr. Bradshaw stated Community Services, Engineering, and Fire Prevention reviewed and had no issues. VILLAGE OF PALATINE Page 2 Packet Pg. 3  2.1 Minutes Zoning Board of Appeals October 25, 2022 STAFF RECOMMENDATION: The Subject Property has an existing deck and gazebo that will be demolished to make space for a sunroom addition off the rear of the home. The proposed sunroom will encroach 8 feet into the rear yard, which abuts the Birchwood Park Community Pool. As there was a Special Use granted to the property across the cul-de-sac, for greater rear yard setback relief, the proposed addition should not negatively impact the surrounding properties. Therefore, Staff recommends approval of the Special Use, subject to the following condition: 1. The Special Use shall substantially conform to the Site Plan, Floor Plan, and Elevation Plans submitted by the Petitioner, Korreen Gerowitz, except as such Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) plans may be changed to conform to Village Codes and Ordinances. There were no further questions. The public hearing was closed. Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster. Mr. Cavanaugh stated it meets the standards for safety and welfare of residents. He pointed out they are not changing the existing footprint just making it more user friendly for the resident. Ms. Roth-Wurster agreed that it meets the standards. She pointed out they are replacing with similar configuration. Ms. Wood stated it won’t cause injury to value of property. She pointed out it butts up to Birchwood and the neighbor has similar setback. She stated it will be done professionally and is in favor. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 4-0. This item will tentatively go to Village Council on November 7, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Cavanaugh, Pirog ABSENT: Luszczak, McGinn VILLAGE OF PALATINE Page 3 Packet Pg. 4  2.1 Minutes Zoning Board of Appeals October 25, 2022 2. 855 E. Palatine Road - Recommended to Approve Notice was published in the Daily Herald on October 10, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use Amendment 2. Proof of Ownership 3. Plat of Survey 4. Business Plan 5. Floor Plan Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) 6. Public Notice Sworn in the petitioner: Ms. Amanda Arvanitis 855 E. Palatine Rd Ms. Arvanitis started massage career 10 years ago. She stated she opened a solo practice in Chicago but recently had a baby and moved to the suburbs so wants to move business closer to home. Ms. Roth-Wurster asked about her business plan. Ms. Arvanitis explained it is just her. She stated she does everything, except her taxes. Ms. Arvanitis stated she wanted to create a trauma free environment explaining she only does one style of massage being a relaxing deep tissue massage and wanted to create a safe space. Ms. Wood asked if she will be the only employee. Ms. Arvanitis answered yes. Ms. Wood asked how many patients at one time. Ms. Arvanitis answered one. She explained she spaces her patients out to give time to cleanup and talk in between. She sated she will have approx. 4 clients a day and is in a building full of healthcare professionals. Ms. Wood asked if the space was vacant. Ms. Arvanitis stated she thinks it used to be a dental office. Mr. Bradshaw gave a brief overview stating the subject property is zoned R-1 single family and was granted a special use in 1970 that permitted a medical office building to be constructed solely for medical and dental professionals. He spoke to the business plan outlined in the packet including square footage, hours, and employees. He stated the parking requirement will remain the same. Mr. Bradshaw stated Community Services and Police have reviewed and had no issues. STAFF RECOMMENDATION: The proposed massage therapy office will occupy a vacant tenant space within an office building designated for professional medical and dental offices. The Petitioner is a licensed Massage Therapist with the State of Illinois, and Police VILLAGE OF PALATINE Page 4 Packet Pg. 5  2.1 Minutes Zoning Board of Appeals October 25, 2022 had no issues that were identified following their review. Lastly, the parking requirements do not change for this use. Therefore, Staff recommends approval of the Special Use subject to the following condition: 1. The Special Use shall substantially conform to the floor plan and the business plan submitted by the Petitioner, Ms. Amanda Arvanitis, except as such plan may be changed to conform to Village Codes and Ordinances. There were no further questions. The public hearing was closed. Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) DELIBERATIONS: Mr. Cavanaugh stated she is a medical practitioner in a medical office so it’s a perfect use for space. Ms. Roth-Wurster stated it meets the standards. Ms. Wood agreed. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 4-0. This item will tentatively go to Village Council on November 7, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Cavanaugh, Pirog ABSENT: Luszczak, McGinn VILLAGE OF PALATINE Page 5 Packet Pg. 6  2.1 Minutes Zoning Board of Appeals October 25, 2022 3. 550 W. Wood Street #300 - Recommended to Approve Notice was published in the Daily Herald on October 10, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use Amendment 2. Proof of Ownership 3. Plat of Survey / Site Plan 4. Business Plan 5. Floor Plan Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) 6. Public Notice Sworn in the petitioner: Ms. Katy Cushing 550 W. Wood Unit 300 Ms. Cushing stated they opened their original location in 1994, out grew the space and moved training to 550 W Wood. She stated space has become available for whole facility to be moved under one roof. She stated the goal is to have all together relocating the programs currently on Northwest Hwy. Ms. Wood asked if they are taking up the entire building. Ms. Cushing answered no referring to the plat of survey slide. Ms. Wood asked about the effect on parking and noise on other tenants. Ms. Cushing stated the other tenants are Concept Plumbing and Brian Edwards Landscaping. Ms. Wood asked about noise concerns. Ms. Cushing stated they have measures in place to control barking. She explained they have a smaller dog to staff ratio for daycare and smaller social groups. Ms. Cushing spoke to the noise concerns explaining they are moving daycare to be inside and adding extra sound proofing. She spoke to the indoor potty system that will be installed that will prevent the need to go outside to go to the bathroom. Ms. Wood asked about times they will take dogs outside. Ms. Cushing stated only when the owners drop them off and pick up. She stated occasionally owners ask for their dogs to be walked which would be one handler and one dog. Ms. Cushing explained currently they have an area in the back for bathroom and when outside is used there is a 3 dog rotation. Ms. Wood asked if classes are with owners. Ms. Cushing answered yes. Ms. Wood asked about parking. Ms. Cushing stated there is free commuter parking along Wood Street. She stated she is unsure how many spots are allotted for her business. She stated the group classes have up to 15 and don’t hold more than one class at a time. VILLAGE OF PALATINE Page 6 Packet Pg. 7  2.1 Minutes Zoning Board of Appeals October 25, 2022 Ms. Cushing stated the private sessions or evaluations are approx. 5 at a time. Ms. Wood asked if they hold classes now. Ms. Cushing answered yes. Ms. Wood asked where they park now. Ms. Cushing explained in the lot. She stated additional parking will not be needed. Ms. Wood asked if there are any current parking concerns. Mr. Bradshaw answered no. He explained the majority of the space is warehouse which is calculated at a lower rate and they have space to grow. Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) Mr. Pirog asked what the max dogs is. Ms. Cushing explained currently it is 35-40 and proposed 70. She stated they can house 120 dogs currently with summer being the busiest for boarding. Mr. Pirog asked with expansion how many max. Ms. Cushing explained currently 80 and 120 will be max total. Ms. Wood asked if there will be 3 tenants total in building. Ms. Cushing answered yes. Mr. Pirog asked if they have the experience to handle that many dogs in one location. Ms. Cushing answered yes. Mr. Pirog asked about the outside staff ratio. Ms. Cushing explained 1 person is always stationed outside and 1 brings thee dogs out. Mr. Cavanaugh asked if they will use the outside in the new space. Ms. Cushing explained the goal with adding the indoor potty areas is to not need the outside area. Ms. Roth-Wurster asked about overnight care noise. Ms. Cushing explained they currently have overnight and dogs are typically exhausted and sleep through the night so no issues. Ms. Roth-Wurster asked if someone stays there overnight or is it monitored. Ms. Cushing stated it is monitored and have had no issues. Mr. Bradshaw spoke to the history of complaints for noise that were brought to the Village’s attention with the most recent being in February of 2022 which the petitioner has worked through. He stated staff reached out to the residents with issues regarding the expansion meeting and they all were grateful for the steps A Closer Bond has made to rectify the issues and had no issues with the expansion. Mr. Bradshaw spoke to the business plan that consists of group, VILLAGE OF PALATINE Page 7 Packet Pg. 8  2.1 Minutes Zoning Board of Appeals October 25, 2022 private, and in-residency training for on leash and off leash training as well as behavior problem solving such as house training. He stated they were approved for a special use in 2014 and later amended in 2017 to include the turf area. Mr. Bradshaw spoke to the business plan outlined in the packet including, staff count, hours of operation and class times. He stated there is no plan to expand outside area rather adding indoor bathroom area with K9 turf and a drainage system connected to the sanitary sewer for the building eliminating the need for an outdoor enclosure. Mr. Pirog asked if there is a commitment to eliminate outdoor space. Mr. Bradshaw stated it is part of the business plan. Ms. Cushing explained the plan was always to have everything inside but they Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) had a bad builder who took all the money and left her with half a building so needed the space outside. She explained with the additional space they will be able to build the dog potties inside. Ms. Cushing explained the outdoor space will remain intact in case of an emergency. She stated they won’t use outdoor areas for potty break. Ms. Wood asked when the proposed area will be completed. Ms. Cushing stated they are hoping 3 months. Ms. Wood asked when they will expect to move. Ms. Cushing stated once completed. Mr. Pirog asked staff if condition #4 is concern with possible barking. Mr. Bradshaw answered yes pointing out it is similar to the original special use. He explained he will explain during the recommendation. STAFF RECOMMENDATION: The Petitioner is proposing to expand their existing floor plan into the 4,000 square foot adjoining tenant space to the south. This expansion will provide adequate space for A Closer Bond to begin the process of consolidating all business operations to a single location. As the majority of the operations will continue to take place inside the building, there should not be any injury to the value of the surrounding properties. Therefore, Staff recommends approval of the requested Special Use Amendment with the following conditions: 1. The Special Use Amendment shall substantially conform to the conditions set by the original Special Use (O-74-14), and the Floor Plan and Business Plan submitted by the Petitioner, Katy Cushing, except as such plans may be changed to conform to the Village Codes and Ordinances. 2. The Petitioner shall install baffles within the expansion tenant space to further reduce any noise generation from the dog training use, in a manner acceptable to the Village of Palatine. 3. Any expansion of the fenced-in outdoor space, east of the building, shall require additional Village review. VILLAGE OF PALATINE Page 8 Packet Pg. 9  2.1 Minutes Zoning Board of Appeals October 25, 2022 4. A Closer Bond shall be subject to a three-month and nine-month Staff review. Following A Closer Bond’s expansion and ongoing operations, if determined to be necessary by the Staff review, an additional review will take place before the Village Council. If additional review by the Village Council is necessary, the Village Council reserves the right to impose any additional conditions on the Special Use without further public hearing, at such time of the three-month and nine-month review. Nothing shall preclude the Village from any other enforcement and/or compliance actions afforded under the Code of Ordinances. Ms. Wood asked when the time starts for 3 months review. Mr. Bradshaw explained it will start after CO is issued. Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) Discussion on condition #4 wording. There were no further questions. The public hearing was closed. Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster Mr. Cavanaugh stated they have been in business for years and have addressed all complaints quickly so residents are happy. He stated the expansion is in line with what the area needs and what the standards require. Ms. Roth-Wurster agreed with Mr. Cavanaugh and understands why they want to consolidate. She spoke to the improvements being made and stated they won’t cause substantial injury to the property in area. Mr. Pirog expressed concern but thinks with their experience it should be okay and meet standards. Ms. Wood understands Mr. Pirog’s concern with the amount of dogs but thinks it should be easier to manage in one area. She pointed out there is no parking complaints and it is reassuring that no residents are in attendance with concerns or complaints. Ms. Wood pointed out it is not abutting a residential area so noise with conditions should not be a concern. She pointed out they have been operating for years and is experienced. She expressed concern with overnight boarding without staff but pointed out it is common in other businesses and there are no concern or problems. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 4-0. This item will tentatively go to Village Council on November 14, 2022 VILLAGE OF PALATINE Page 9 Packet Pg. 10  2.1 Minutes Zoning Board of Appeals October 25, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Cavanaugh, Pirog ABSENT: Luszczak, McGinn Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 10 Packet Pg. 11  2.1 Minutes Zoning Board of Appeals October 25, 2022 IV. COMMUNICATIONS V. ADJOURNMENT 1. Motion to Adjourn - Motion Carried by Voice Vote RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Cavanaugh, Pirog ABSENT: Luszczak, McGinn Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 11 Packet Pg. 12  2.1 Minutes Zoning Board of Appeals October 25, 2022 Minutes Acceptance: Minutes of Oct 25, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 12 Packet Pg. 13  3.1 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 12/13/22 07:00 PM CASE STAFF STATEMENT (ID # 8015) 948 N. Topanga Drive TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Antonios Sacketos CASE NUMBER: 22-47 ADDRESS: 948 N. Topanga Drive PROPOSAL: Variations to permit a fence to be set back 0 feet from the side property line abutting a street, instead of the minimum required 5 feet, and to not install the required landscaping materials between the fence and the lot line abutting a public street. LOCATION: 948 N. Topanga Drive CURRENT R-2 Single-Family District 6 (Helms) ZONING: Residential SURROUNDING CONDITIONS: North: R-2 Single-Family Residential South R-2 Single-Family Residential East: R-2 Single-Family Residential West: R-2 Single-Family Residential BACKGROUND: The Petitioner has extended an existing fence on the Subject Property’s southern lot line abutting E. Reseda Parkway. The fence extension enclosed the side yard between the house and the parkway (right-of-way) Therefore, the Petitioner is requesting: Variation to permit a fence to be set back 0 feet from the side property line abutting a street, instead of the minimum required 5 feet. Variation to not install the required landscaping materials between the fence and the lot line abutting a public street. SITE ANALYSIS:  The Subject Property is zoned R-2, Single Family Residential and is part of the Reseda Subdivision. It is located at the NW corner of the E. Reseda Pkwy and N. Page 1 Packet Pg. 14  3.1 Case Staff Statement (ID # 8015) Meeting of December 13, 2022 Topanga Drive intersection. It is directly east of N. Hicks Road.  The Subject Property had an existing fence along the property, and was issued a permit to remove and replace the fence as is. However, the fence was extended to enclose additional space within the side yard abutting E. Reseda Pkwy, which prompted the required zoning relief.  The Petitioner has installed a 6’ tall wood privacy fence on the property line along E. Reseda Pkwy, which requires a variation. The submitted site plan does not indicate that there will be any additional landscaping between the fence and the sidewalk along E. Reseda Pkwy.  Per the submitted application, the Petitioner has indicated that the justification for the fence extension is to allow more space for pets and to increase the family’s private outdoor space.  The property located directly south of the Subject Property, at 936 N. Topanga Drive, also has a fence along E. Reseda Pkwy. It appears to also be located on their side property line abutting the street without any landscaping buffer. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering Petitioner should remove all existing landscaping material (bushes, shrubs, plantings, etc.) on the exterior of the fence abutting the parkway to alleviate line of sight concerns for pedestrians. Environmental Health N/A Fire Prevention N/A Public Works N/A Police N/A STANDARDS FOR A VARIATION: Standards for a Variation are found in Section 14.03 D (1) and (2) of the Zoning Code. Specifically, the Petitioners must show that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; that the plight of the owner is due to unique circumstances; and that the Variation, if granted, will not alter the essential character of the locality. The Petition for Variation is attached, and the Petitioners have attempted to address the required standards. STAFF RECOMMENDATION: The Petitioner has extended an existing fence along the Subject Property’s side property line abutting E. Reseda Parkway. The fence extension will continue along the same line as the existing fence, with no further encroachment. Additionally, the home Page 2 Packet Pg. 15  3.1 Case Staff Statement (ID # 8015) Meeting of December 13, 2022 across the parkway to the south, 936 N. Topanga, has a similar solid fence along the side property line abutting the street. In response to the comment from the Engineering Department, the Petitioner has since removed the existing shrubs and bushes on the exterior of the fence to alleviate line of sight concerns for pedestrians. Therefore, Staff recommends approval of the Variations, subject to the following condition: 1. The Variations shall substantially conform to the Site Plan and Fence Elevation submitted by the Petitioner, Antonios Sacketos, except as such plans may be changed to conform to Village Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Plat of Survey  Site Plan  Fence Elevation  Public Notice Page 3 Packet Pg. 16  3.1.a 948 N. Topanga Drive Attachment: Aerial Map (948 N. Topanga Drive - VAR Fence) 0 100 200 Print Date: 10/28/2022 Notes Cook County Aerial 2020 ft Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. Packet Pg. 17  3.1.b Packet Pg. 18 Attachment: Application (948 N. Topanga Drive - VAR Fence)  3.1.b Packet Pg. 19 Attachment: Application (948 N. Topanga Drive - VAR Fence)  3.1.c Packet Pg. 20 Attachment: Plat of Survey (948 N. Topanga Drive - VAR Fence)  3.1.d Packet Pg. 21 Attachment: Site Plan (948 N. Topanga Drive - VAR Fence)  3.1.e Packet Pg. 22 Attachment: Fence Elevation (948 N. Topanga Drive - VAR Fence)  3.1.f Packet Pg. 23 Attachment: Public Notice (948 N. Topanga Drive - VAR Fence)  3.2 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 12/13/22 07:00 PM CASE STAFF STATEMENT (ID # 8014) 1153 N. Edgewater Court TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Paul & Terri Scaglione CASE NUMBER: 22-44 ADDRESS: 1153 N. Edgewater Court PROPOSAL: Special Use to permit an addition to be set back 36 feet from the rear lot line, instead of the minimum required 40 feet. LOCATION: 1153 N. Edgewater Court CURRENT R-2 Single-Family District 1 (Millar) ZONING: Residential SURROUNDING CONDITIONS: North: R-2 Single-Family Residential South R-2 Single-Family Residential East: R-2 Single-Family Residential West: R-2 Single-Family Residential BACKGROUND: The Petitioners are proposing to construct a screened-in porch off the rear of their home, which will be set back 36 feet from the rear property line. Therefore, the Petitioner is requesting: Special Use to permit an addition to be set back 36 feet from the rear lot line, instead of the minimum required 40 feet. SITE ANALYSIS:  The Subject Property is zoned R-2 Single Family and is part of the Morgan’s Gate Subdivision. The Subject Property is approximately 12,200 square feet. The lot currently consists of a single story home and a large patio off the SE corner of the home.  The Petitioner is proposing to construct a screened-in porch off the rear of the home, Page 1 Packet Pg. 24  3.2 Case Staff Statement (ID # 8014) Meeting of December 13, 2022 and is seeking a Special Use to permit the construction of said porch to encroach approximately 4 feet into the 40-foot required rear yard setback.  The proposed deck will be located within the same footprint as a portion of an existing patio that will be removed, therefore the total lot coverage will not be increasing.  The Subject Property is a uniquely shaped corner lot, and had an addition constructed off the rear of the home in 2008. Therefore, any additional work done in the rear yard now requires setback relief.  The property to the north, 1161 N. Edgewater Ct, and the property to the west, 1606 W. Edgewater Ln, both appear to have substandard rear yard setbacks of approximately 30 feet.  The proposed screened-in porch will not encroach into the either required side yard setback, and both building and lot coverage meet Code. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering No Issues Identified. Environmental Health N/A Fire Prevention N/A Public Works N/A Police N/A STANDARDS FOR SPECIAL USE: Since this Petition is not for a use publicly operated or traditionally affected with the public interest, those standards under Section 14.05 D (2) and (3) are applicable. Specifically, the Petitioners must show that the Special Use, if granted, is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located. The Petitioners have attempted to address the required standards. STAFF RECOMMENDATION: The Petitioner is proposing to construct a new porch addition off the rear of their existing home. The proposed addition will encroach 4 feet into the rear yard of the Subject Property, thus will be set back 36 feet from the rear lot line. The addition should not negatively impact the surrounding properties, as the proposed setback is comparable to the directly adjacent properties to the north and west, where their rear yard setbacks are approximately 30 feet. Therefore, Staff recommends approval of the Special Use, subject to the following condition: Page 2 Packet Pg. 25  3.2 Case Staff Statement (ID # 8014) Meeting of December 13, 2022 1. The Special Use shall substantially conform to the Site Plan, Floor Plan, and Elevation Plans submitted by the Petitioner, Paul & Terri Scaglione, except as such plans may be changed to conform to Village Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Plat of Survey - Site Plan  Floor Plan & Elevations  Public Notice Page 3 Packet Pg. 26  3.2.a 1153 N. Edgewater Court Attachment: Aerial Map (1153 N. Edgewater Court - SU Addition) 0 100 200 Print Date: 10/10/2022 Notes ft Cook County Aerial 2020 Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. Packet Pg. 27  3.2.b Packet Pg. 28 Attachment: Application (1153 N. Edgewater Court - SU Addition)  3.2.b Packet Pg. 29 Attachment: Application (1153 N. Edgewater Court - SU Addition)  50 ' 4' 18 ' 32 ' 36 ' 3.2.c Packet Pg. 30 Attachment: Plat of Survey - Site Plan (1153 N. Edgewater Court - SU Addition)  3.2.d Packet Pg. 31 Attachment: Floor Plan & Elevations (1153 N. Edgewater Court - SU Addition)  3.2.d Packet Pg. 32 Attachment: Floor Plan & Elevations (1153 N. Edgewater Court - SU Addition)  3.2.e Packet Pg. 33 Attachment: Public Notice (1153 N. Edgewater Court - SU Addition)  3.3 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 12/13/22 07:00 PM CASE STAFF STATEMENT (ID # 8016) 126 N. Elmwood Ave TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Anna Trujillo CASE NUMBER: 22-52 ADDRESS: 126 N. Elmwood Avenue PROPOSAL: Variation to permit an accessory structure to be 770 square feet, instead of the maximum permitted 700 square feet. LOCATION: 126 N. Elmwood Avenue CURRENT R-2 Single-Family District 6 (Helms) ZONING: Residential SURROUNDING CONDITIONS: North: R-2 Single-Family Residential South R-2 Single-Family Residential East: R-2 Single-Family Residential West: R-2 Single-Family Residential BACKGROUND: The Petitioner is proposing to expand an existing detached garage, in the rear yard of the Subject Property, from 440 square feet to 770 square feet. Therefore, the Petitioner is requesting: Variation to permit an accessory structure to be 770 square feet, instead of the maximum permitted 700 square feet. SITE ANALYSIS:  The Subject Property is zoned R-2, Single Family Residential and is part of the Arthur T. McIntosh & Co.’s Palatine Manor Subdivision. The Subject Property currently consists of a 1 story brick frame home and a detached garage.  The Petitioner is proposing to expand their existing detached garage from the existing 440 sf to 770 sf, for a total increase of 330 sf. Page 1 Packet Pg. 34  3.3 Case Staff Statement (ID # 8016) Meeting of December 13, 2022  The Petitioner is seeking approval of variations to permit an accessory structure to exceed the maximum permitted area of 700 sf.  Per the submitted application, the Petitioner is seeking to expand their garage to create enough space to properly store their two Ford F-150 trucks and other items commonly stored in a garage (i.e. lawn mower, grill, personal items, etc.). On the application the Petitioner also explains that the additional garage space would also be utilized as a workshop area.  Planning Staff has reviewed the surrounding area and found that there are a few properties in this neighborhood that have detached garages that exceed the maximum 700 sf for an accessory structure. The following are the properties identified: 38 N. Elmwood Ave, 120 N. Forest Ave, 109 N. Greenwood Ave (all of which are existing non-conforming).  The proposed detached garage addition will not encroach into any of the required setbacks for accessory structures.  With the proposed garage expansion included, both the building coverage (~16.1%) and lot coverage (~41.6%) for the Subject Property comply with Code. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering No Issues Identified. Environmental Health N/A Fire Prevention N/A Public Works N/A Police N/A STANDARDS FOR A VARIATION: Standards for a Variation are found in Section 14.03 D (1) and (2) of the Zoning Code. Specifically, the Petitioners must show that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; that the plight of the owner is due to unique circumstances; and that the variation, if granted, will not alter the essential character of the locality. The Petition for Variation is attached, and the Petitioners have attempted to address the required standards. STAFF RECOMMENDATION: The Petitioner is proposing to expand their existing detached garage so they can adequately store their personal vehicles and lawn maintenance equipment. As there are other comparable detached garages in the surrounding neighborhood, the proposal to increase the size of their existing detached garage to 770 square feet will not alter the Page 2 Packet Pg. 35  3.3 Case Staff Statement (ID # 8016) Meeting of December 13, 2022 essential character of the locality. Therefore, Staff recommends approval of the Special Use, subject to the following condition: 1. The Special Use shall substantially conform to the Site Plan and Elevation Plans submitted by the Petitioner, Anna Trujillo, except as such plans may be changed to conform to Village Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Plat of Survey  Site Plan  Garage Elevation  Public Notice Page 3 Packet Pg. 36  3.3.a 126 N. Elmwood Avenue Attachment: Aerial Map (126 N. Elmwood Ave - VAR Garage) 0 50 100 Print Date: 11/2/2022 Notes Cook County Aerial 2020 ft Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. Packet Pg. 37  3.3.b Packet Pg. 38 Attachment: Application (126 N. Elmwood Ave - VAR Garage)  3.3.b Packet Pg. 39 Attachment: Application (126 N. Elmwood Ave - VAR Garage)  3.3.c Packet Pg. 40 Attachment: Plat of Survey (126 N. Elmwood Ave - VAR Garage)  3.3.d SOUTH R/W LINE LINE TABLE LINCOLN STREET L1 3.00’ (R) S 0° 11’30” E 3.00’ (C) LOT 5 O.4’ OFF 291.09’ (R) 0.3’ OFF LOT 16 BLK 3 BLK 3 5.8’ 188.80’ (R) 3/4 “ FIP S 89° 46’08”E 188.16’ (M) 3/4” FIP N ELMWOOD AVENUE (66’ R/W) 0.3’ ON CLF LOT 6 Attachment: Site Plan (126 N. Elmwood Ave - VAR Garage) 32.9’ S 89° 1130”E .07’ (M) 44.5’ 10’ D.E. & P.U.E. BLK 3 (EXCEPT S. 3” OF PATIO 1 STORY N 0° 25’01”E 60.07’ (C) 40’ S.B.L. BRICK & 57.0’ (R) THE E.117’) 30.1’ 30.0’ CHIMNEY FRAME CONC.CURB & GUTER 60.00’ (R) 35.0’ RES. #126 LOT 15 48.9’ 15.0’ 20.0’ 44.8’ BLK 3 32.9’ ADDITION FRAME 22.0’ 22.0’ 22.0’ TO GAR. GAR. ASPHALT DRIVE 48.8’ 15.0’ 20.0’ 0.3’ ON L1 N 89° 46’07”W 71.80’ (C) SET CROSS N 89° 46’07”W 71.80’ (C) 117.0’ (R) 3.00’ S 5.7’ 71.80’ (R) 5’ CONC. SW 8.7’ O.2’ OFF LOT 14 GAR. 4.17 S CONC.0.2’ N GAR. ’ 4.04 S BLK 3 LOT 7 REMAINDER OF LOT 6 0.4’ OFF CONC. ON LINE CONC.0.3’ N BLK 3 (NOT INCLUDED) 15’ ADDITION TO GARAGE N Anna Trujillo 126 N Elmwood Avenue, Palatine, Illinois 60074 Packet Pg. 41  3.3.e BACK - WEST SIDE SOUTH SIDE EXISTING ROOF ROOF ADDITION WINDOW 12.7’ Attachment: Garage Elevation (126 N. Elmwood Ave - VAR Garage) 48’’ x 36” 22’ 20’ 15’ 35’ 12 pt FRONT - EAST SIDE NORTH SIDE EXISTING ROOF ROOF ADDITION OVERHEAD DOOR DOOR 36’’ 36’’ 12.7’ 15” ADDITION 8.8’ 7’ 63.75’’ DOOR 15’ 22’ 20’ 15’ 35’ Packet Pg. 42  3.3.f Packet Pg. 43 Attachment: Public Notice (126 N. Elmwood Ave - VAR Garage)