Planning & Zoning Board

August 14, 2018 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the August 14, 2018 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: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Absent: None City Staff Present: Tracy Jones, Staff Planner II. APPROVAL OF MINUTES - JULY 24, 2018 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. NEW BUSINESS ZA #18-13/ SPECIAL USE PERMIT AND VARIATIONS/ 816 PERSHING AVENUE/ HATZOLD Pursuant to notice duly published on July 28, 2018 and letters mailed to neighboring property owners on July 26, 2018, Chair Weller called to order the August 14, 2018 public hearing requesting a special use permit to allow a 1,400-square foot detached garage to be constructed at 816 Pershing Avenue. Article 24.3.1 of the Wheaton Zoning Ordinance requires the issuance of a special use permit to allow the construction of a detached garage over 700 square feet in size. The application is further requesting variations to Article 24.3.1 and Article 3.4A.5b of the Wheaton Zoning Ordinance to allow a detached garage greater in height than one and one-half stories with a west side yard setback of 13.16 feet in lieu of the required 13.86 feet. The existing detached garage would be demolished. Drew Hatzold, 816 Pershing Avenue, Wheaton was sworn in. Mr. Hatzold stated that he is requesting a special use permit to allow a 1,400-square foot detached garage to be constructed at 816 Pershing Avenue. Article 24.3.1 of the Wheaton Zoning Ordinance requires the issuance of a special use permit to allow the construction of a detached garage over 700 square feet in size. The detached garage would have a width of 28.0 feet and a depth of 50.0 feet. The proposed garage meets the standard Lot Coverage and Floor Area Ratio (FAR) ratios and the rear yard coverage requirement of 30%. At the public hearing, Mr. Hatzold provided testimony that the proposed garage would be used for personal storage only and that no business use would be operated out of the detached garage. Mr. Hatzold stated that he is further requesting a variation to Article 24.3.1 of the Wheaton Zoning Ordinance to allow a detached garage greater in height than one and one-half stories. At the public hearing, Mr. Hatzold provided testimony that the proposed garage would not be any taller than the existing house and the proposed garage would match the exterior of the house in terms of design, color and material. At the public hearing, Mr. Hatzold agreed to omit the west side yard setback variation from the request and comply with the general two-  Wheaton Planning and Zoning Board August 14, 2018 Page 2 of 4 story setback requirement of 13.86 feet, since there did not appear to be a need for the side yard setback variation. Mr. Hatzold addressed the special use and variation standards as required by the Zoning Ordinance. He stated that the proposed special use and variation would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Mr. Wanzung 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. Plunkett moved and then Mr. Wanzung seconded the motion to approve both the special use and variation components of ZA #18-13, subject to following conditions: 1. The proposed garage shall be used for personal storage only and no business use shall be operated out of the detached garage; 2. The proposed garage shall not be any taller than the existing house and the proposed garage shall match the exterior of the house in terms of design, color and material; 3. The site plan shall be revised to omit the west side yard setback variation from the request and the applicant shall comply with the general two-story setback requirement of 13.86 feet; 4. As the garage is proposed to have a basement, the top of foundation for the structure and all low openings shall be set two feet above the HWL as per City Code; 5. Any fill in the Flood Prone Area shall require compensatory storage at a ratio of 1:1; and 6. Storm sewer service shall be required for the new sump pump proposed in the garage basement. Roll Call Vote Ayes: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Nays: None Absent: None Motion Passed Unanimously ZA #18-14/ SUBDIVISION AND VARIATION/ 616 N. MAIN STREET/ L. MARTINEZ CONSTRUCTION Pursuant to notice duly published on July 28, 2018 and letters mailed to neighboring property owners on July 26, 2018, Chair Weller called to order the August 14, 2018 public hearing requesting a variation to Article 10.2.5 of the Wheaton Zoning Ordinance to allow a front yard setback of 35.5 feet in lieu of the required 40.5 feet for a new single-family residence that would be constructed on the eastern portion of the property located at 616 N. Main Street. This request has been submitted in conjunction with an application to subdivide the property into two lots. The property would remain classified in the R-4 Residential, Northside Residential Overlay District (NROD) and the existing residence would be demolished. A letter of opposition from the neighbors at 118 W. Jefferson Avenue was received and incorporated into the record.  Wheaton Planning and Zoning Board August 14, 2018 Page 3 of 4 Lionel Martinez, 4S115 Curtis Avenue, Warrenville was sworn in. Mr. Martinez stated that he was the builder working on the project and that the existing parcel is plated as Lot 1 in Wylies Division of Block 3 in Malory’s Addition to Wheaton, a subdivision recorded in 1919. The parcel is 15,920 square feet (0.36 acres) in area and is located at the southwest corner of Jefferson Avenue and Main Street. The proposed subdivision plat indicates two lots with areas of 7,945 square feet for Lot 1 and 7,975 square feet for Lot 2, and lot frontage dimensions of 60.0 feet and 60.45 feet, respectfully. The proposed lots meet with the City Zoning Ordinance requirements for the R-4 zoning district. Mr. Martinez stated that they are requesting a variation to Article 10.2.5 of the Wheaton Zoning Ordinance to allow a front yard setback of 35.5 feet in lieu of the required 40.5 feet for a new single-family residence that would be constructed on the eastern portion of the property located at 616 N. Main Street. This request has been submitted in conjunction with an application to subdivide the property into two lots. Staff Planner Jones stated that based on the City’s averaging method contained in Article 10.2.5, the order of how the lots develop impacts the required front yard setbacks in this scenario. If the eastern portion of the property develops first, the required front yard setback would be 40.5 feet (which is the setback of the existing house to the west) and then the setback of the western portion of the property would be average of the two adjacent homes or 40.5 feet. If the western portion of the property develops first, the required front yard setback would be would be 35.25 feet (the average of the required setback of 30.0 feet and the existing house to the west of 40.5 feet) and then the setback for the eastern portion of the property would be 35.25 feet. Mr. Martinez stated that they want to develop the eastern portion of the property first, since a new house is also being planned on the adjacent property to the south and this could negatively impact their required corner side yard setback depending on which permit is received first. Thus, the applicant has already submitted the permit for the eastern portion of the property and then shortly after, the permit for the adjacent property to the south was submitted. Staff Planner Jones stated that if the front yard setback variation for the eastern portion of the property is granted at 35.5 feet, the required setback for the western portion of the property would be 38.0 feet (the average of 35.5 feet and the existing house to the west of 40.5 feet). Mr. Martinez agreed to comply with the front yard setback of 38.0 feet for the western portion of the property. Mr. Martinez addressed the variation standards as required by the Zoning Ordinance. He stated that the proposed variation would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Theresa Elmer, 706 N. Main Street, Wheaton was sworn in. Mrs. Elmer stated that she was opposed to the demolition of the existing home, the proposed lot sizes and the proposed front yard setback variation. She added that they were not notified of a demolition meeting. Scott Elmer, 706 N. Main Street, Wheaton was sworn in. Mr. Elmer stated that they were not notified of a demolition meeting and stated his objection to the project. Mr. Martinez stated that he sent Mr. and Mrs. Elmer a certified letter for the demolition meeting. He added that the meeting was held in the spring and two other neighbors attended. He offered to meet individually with Mr. and Mrs. Elmer. Staff Planner Jones stated the demolition process and required neighbor meeting was not part of the review provided by the Planning and Zoning Board. She encouraged Mr. and Mrs. Elmer to contact her and she would provide them with the contact information for the Director of the Building Department.  Wheaton Planning and Zoning Board August 14, 2018 Page 4 of 4 Mr. Gudmundson moved and then Mr. Wanzung seconded the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Ms. Aranas moved and then Mr. Gudmundson seconded the motion to approve both the subdivision and variation components of ZA #18-14, subject to following conditions: 1. A final engineering plan approval including the extension of a public sanitary sewer main to serve both new lots in the subdivision; and 2. A variance shall be granted to Section 62-286, street lighting, of the Wheaton City Code to waive the requirement to construct a City street lighting system along Jefferson Avenue as part of the subdivision. Roll Call Vote Ayes: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Nays: None Absent: None Motion Passed Unanimously V. MISCELLANEOUS There was none. VI. ADJOURNMENT Mr. Plunkett moved and then Mr. Gudmundson seconded the motion to adjourn the meeting at 8:20 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner