Planning & Zoning Board

August 25, 2015 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Schwarze called the August 25, 2015 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in the Council Chambers of the Wheaton City Hall, 303 W. Wesley Street. Upon roll call, the following were: Roll Call Vote Present: Chris Derrick Bob Gudmundson Robert McDonough Mark Plunkett Patricia Schwarze Scott Weller Absent: Linda Johnson City Staff Present: Tracy Jones, Staff Planner II. APPROVAL OF MINUTES - AUGUST 11, 2015 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. NEW BUSINESS ZA #15-13/ PUD/ 124 SOUTH DORCHESTER AVENUE AND 119 SOUTH MORGAN AVENUE/ STONE Pursuant to notice duly published on August 8, 2015 and letters mailed to neighboring property owners on August 6, 2015, Chair Schwarze called to order the August 25, 2015 public hearing requesting a special use permit for a planned unit development (PUD) to allow an existing fence, play set and landscaping to remain on the property located at 119 South Morgan Avenue. The subject property functions as the backyard for the property located at 124 South Dorchester Avenue. J. Eric Stone, 124 South Dorchester Avenue, Wheaton was sworn in. Mr. Stone stated that he was the property owner. He stated that Section 62-215 of the City Code prohibits the consolidation of the two properties located at 124 South Dorchester Avenue and 119 South Morgan Avenue into one lot, since it would create a double frontage lot. He added that he is requesting PUD approval to allow the two properties to function as one lot without a formal consolidation of the lots being required. Mr. Stone stated that the requested PUD would allow an existing fence, play set and landscaping to remain on the property located at 119 South Morgan Avenue which would allow it to continue to function as the backyard for his home at 124 South Dorchester Avenue. He added that there was some ongoing confusion with the City over his permitted use of the property and this was the best way of resolving the issue. Mr. Stone addressed the special use standards for a PUD as required by the Wheaton Zoning Ordinance. He stated that the proposed special use would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. He added that the addition of a fence, play set and landscaping has added value and purpose to the former vacant property.  Wheaton Planning and Zoning Board August 25, 2015 Page - 2 - of 3 Mr. Gudmundson questioned whether he was willing to comply with the proposed condition that the play set shall maintain a minimum of a 10 foot setback from the side property line. Mr. Stone stated that the play set had already been moved to meet the 10 foot setback requirement from the side property line. Mr. Weller questioned the zoning requirements for both lots. Staff Planner Jones stated that both properties are located in the R-4 Single Family Residential District. The R-4 Residential District requires new lots to be 60 feet in width, 132 feet in depth and 7,260 square feet in size. Existing lots of record are considered buildable if they are at least 50 feet in width. She added that the existing lot at 119 South Morgan Avenue was only 42 feet in width and was not considered a buildable lot. Mr. Weller moved and then Mr. Gudmundson seconded the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Mr. McDonough moved and then Mr. Plunkett seconded the motion to approve ZA #15-13 as presented. Roll Call Vote Ayes: Chris Derrick Bob Gudmundson Robert McDonough Mark Plunkett Patricia Schwarze Scott Weller Nays: None Absent: Linda Johnson Motion Passed Unanimously ZA #15-16/ REAR YARD SETBACK VARIATION/ 2286 RICHMOND DRIVE/ DEMOS Pursuant to notice duly published on August 8, 2015 and letters mailed to neighboring property owners on August 6, 2015, Chair Schwarze called to order the August 25, 2015 public hearing requesting a variation to Article 3.4A.6 of the Wheaton Zoning Ordinance to allow the construction of a paver patio on the property located at 2286 Richmond Drive with a rear yard setback of 11.0 feet in lieu of the required 25.0 feet. Tom Demos, 2286 Richmond Drive, Wheaton was sworn in. Mr. Demos stated that he was the property owner. He stated that his home is located on the southwest corner of Richmond and Jasper Drives. The property is 10,812 square feet in size with a lot width of 100.58 feet and a substandard lot depth of 107.5 feet. The current minimum lot depth is 132.0 feet. The property is improved with an existing tri-level house that was built in 1982 with a rear yard setback of 27.51 feet. Mr. Demos stated that his house had an existing deck, which was in poor condition and was recently removed for safety concerns. The former deck had an area of 533 square feet and a rear yard setback of approximately 11.0 feet. The variation request is proposing to replace the former deck with a smaller paver patio situated slightly to the south. The new patio would have an area of 360 square feet and a rear yard setback of 11.0 feet in lieu of the required 25.0 feet.  Wheaton Planning and Zoning Board August 25, 2015 Page - 3 - of 3 Mr. Demos addressed the variation evidence standards. Mr. Demos stated that the development would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. He added that the proposed improvements would not negatively impact property values within the area. Mr. Plunkett stated that he was the listing agent for the home when it was sold to Mr. Demos. He confirmed that the deck was in very poor condition. Mr. McDonough moved and then Mr. Plunkett seconded the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Mr. Gudmundson moved and then Mr. Derrick the motion to approve ZA #15-16 as presented. Roll Call Vote Ayes: Chris Derrick Bob Gudmundson Robert McDonough Mark Plunkett Patricia Schwarze Scott Weller Nays: None Absent: Linda Johnson Motion Passed Unanimously V. MISCELLANEOUS There was none. VI. ADJOURNMENT Mr. Weller moved and then Mr. Gudmundson seconded the motion to adjourn the meeting at 7:34 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner