General

Regular Meeting

Winnetka, IL · April 1, 2024

Minutes

1 ZONING ADMINISTRATOR 2 APRIL 1, 2024 MEETING MINUTES 3 4 Village Staff: David Schoon, Director of Community Development 5 Ann Klaassen, Assistant Director of Community Development 6 7 Call to Order: 8 Mr. Schoon called the meeting to order at 4:00 p.m. 9 10 Public Comment: 11 No comments were made at this time. 12 13 Case No. 24-06-ZA 159 Sheridan Road – Replacement of Tennis Court. 14 Mr. Schoon confirmed he had reviewed the application materials and asked for the applicant to present 15 any additional information to be considered. Christopher Canning stated he represented Mr. and Mrs. 16 Tinberg, the property owners. He described the request as straightforward and noted the property has 17 contained a tennis court in the same location for several decades and predates the Tinberg’s ownership. 18 Mr. Canning stated they replaced the tennis court with the same size tennis court in the same location 19 which triggered the need for the front yard and side yard setback variations. He stated the application 20 addressed the standards and noted they received letters of support from the neighbors and asked for the 21 front yard and side yard setback variations to be granted although the work had already been completed. 22 23 Richard Tinberg stated the tennis court has been in the same location for 64 years and this tennis court 24 was used for play prior to the Nielsen Center courts. He stated while they were aware of setback rules, 25 the existing tennis court was constructed prior to that. Mr. Tinberg then stated that during COVID, they 26 allowed children to play on the tennis court although there were tree roots creating issues with the playing 27 surface. He also stated the court was resurfaced once in the years they have lived in the home adding that 28 trees shield the view from the street. Mr. Tinberg then apologized for not following the proper procedure. 29 30 No members of the public were in attendance to provide comment. 31 32 Mr. Schoon stated after reviewing the materials, he found that the request met the standards for granting 33 the variation for the one for one replacement of the existing nonconforming tennis court and approved 34 the request. 35 36 Ms. Klaassen informed the applicant of their next steps. 37 38 Case No. 24-07-ZA – 470 Sunset Road – Replacement of Front Porch and Second Story Above. 39 Mr. Schoon confirmed he reviewed the application materials and asked for the applicant’s presentation. 40 Jeff Letzter of Aspect Design referred to the initial plans submitted for permit with the zoning issue arising 41 during that review. He stated the applicant decided to request a variation and noted the home was built 42 in approximately 1927. Mr. Letzter stated the existing home did not meet setback requirements and 43 referred to the condition of the second floor above the porch element which is in disrepair. He stated the 44 request is to rebuild the front porch with the same size, design and look. Mr. Letzter stated that with 45 regard to zoning, the second floor element encroached into the setback by 1.41 feet although the porch 46 did encroach into the allowable setback amount. Erinn Martin, the property owner, confirmed the 47 structural integrity would be maintained and if it is moved back, it would change the appearance of the 48 home on the street which she described as historic and prominent. She also stated the room above the April 1, 2024 Page 2 1 porch is small and would become non-functional if it is made smaller in order to comply with the front 2 yard setback. 3 4 Mr. Schoon noted an email was received from Jamie and Francisco Robles in support of the request. He 5 then stated after his review of the materials and based on the testimony and materials; he found the 6 requested variation met the standards for granting the variation as requested. 7 8 Adjournment: 9 The meeting adjourned at 4:10 p.m. 10 11 Respectfully submitted, 12 13 Antionette Johnson 14 Recording Secretary

Agenda

Packet

Village of Winnetka Zoning Administrator Meeting April 1, 2024 at 4:00 PM Winnetka Village Hall Council Chambers 510 Green Bay Road AGENDA 1. Call to Order 2. Public Comments 3. New Applications a. Case No. 24-06-ZA - 159 Sheridan Road: An application seeking approval of zoning variations to allow the one-for-one replacement of the existing nonconforming tennis court. The requested variations would permit the tennis court to (i) provide less than the minimum required front yard setback from the west property line along Sheridan Road and (ii) provide less than the minimum required side yard setback from the south property line. The Zoning Administrator has final jurisdiction on this request. b. Case No. 24-07-ZA - 470 Sunset Road: An application seeking approval of a zoning variation to allow the one-for-one replacement of the existing nonconforming front porch and the second floor above. The requested variation would permit the porch and second floor above to provide less than the minimum required front yard setback from the north property line along Sunset Road. The Zoning Administrator has final jurisdiction on this request. 4. Adjournment NOTICE Public comment is permitted on all agenda items at the meeting. If you wish to provide testimony or comments prior to the meeting, you may provide them one of two ways: (1) by sending an email to planning@winnetka.org; or by sending a letter to Community Development, Village of Winnetka, 510 Green Bay Road, Winnetka, IL 60093. All agenda materials are available at www.villageofwinnetka.org/agendacenter. The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois 60093, (Telephone (847) 716-3543; T.D.D. (847) 501-6041). Page 1 of 39 NOTICE OF WINNETKA ZONING ADMINISTRATOR PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Winnetka Zoning Administrator on MONDAY, APRIL 1, 2024, AT 4:00 PM in the Council Chamber of the Winnetka Village Hall at 510 Green Bay Road, Winnetka, Illinois for the purpose of considering the following: CASE NO. 24-06-ZA 159 SHERIDAN ROAD – REPLACEMENT OF TENNIS COURT An application submitted by Elaine and Richard Tinberg (collectively, the “Applicant”), as the owners of the property located at 159 Sheridan Road (the “Subject Property”) to allow the one-for-one replacement of the existing nonconforming tennis court on the Subject Property. The Applicant has filed an application seeking the following variations from the Zoning Ordinance: 1. A variation to provide less than the minimum required front yard setback of 50 feet from the west property line along Sheridan Road; and 2. A variation to provide less than the minimum required side yard setback of 12 feet from the south property line. The Subject Property (Parcel Index Number 05-22-100-001-0000) is generally located on the east side of Sheridan Road, between Winnetka Avenue and Fuller Lane, and is zoned R-2 Single Family Residential. The Subject Property contains an existing three-story residence, tennis court, and boat house. PUBLIC COMMENT & APPLICATION INFORMATION At said public hearing and at any adjournment thereof, all persons interested are invited to attend and be heard. The agenda and materials for the meeting will be posted on the Village’s website - www.villageofwinnetka.org/agendas no later than Thursday, March 28, 2024. Persons seeking additional information concerning this application are directed to email inquiries to planning@winnetka.org or by calling 847-716-3525. If you wish to provide testimony or comments prior to the meeting, you may provide them one of two ways: 1) By sending an email to planning@winnetka.org; or 2) By sending a letter to Community Development, Village of Winnetka, 510 Green Bay Rd, Winnetka, IL 60093. The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting facilities, contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois 60093 [Telephone: (847) 716-3543; T.T.Y.: (847) 501-6041. Page 2 of 39 Subject Property Existing Tennis Court Replaced in Same Location Excerpt of Plat of Survey (Note: Details may change through review process.) Page 3 of 39 Page 4 of 39 CANNING & CANNING LLC 1000 SKOKIE BOULEVARD, SUITE 355 WILMETTE, ILLINOIS 60091 (847) 853-7042 - FAX CHRISTOPHER S. CANNING DIRECT DIAL NUMBER (847) 853-7040 canningchris@comcast.net March 13, 2024 VIA HAND DELIVERY and EMAIL. David Schoon Director of Community Development Village of Winnetka 510 Green Bay Road Winnetka, IL 60093 Re: Minor Variations at 159 Sheridan for Legal Non-Conforming Tennis Court. Dear Mr. Schoon: I am writing on behalf of Elaine and Richard Tinberg (hereinafter “Mr. and Mrs. Tinberg”) regarding their application to repave a legal, non-conforming tennis court located in the required Front Yard at their home at 159 Sheridan Road. For the reasons set forth below, Mr. and Mrs. Tinberg respectfully request that the Zoning Board of Appeals of Village of Winnetka recommend the variation sought related to the existing tennis court. I. The Subject Property. The Subject Property is located within the R-2 Residential Zoning District. The Subject Property is surrounded on the north, south and west sides by single family homes. Lake Michigan lies to the east of the Subject Property. The Subject Property has approximately 97.5’ of frontage on Sheridan Road at its deepest dimension, the current lot has an approximate depth of 462.93’. It is improved with a single-family residence and a tennis court. II. The Tennis Court. It is unknown when the tennis court was installed and fenced in but it likely it was before 1962. Mr. and Mrs. Tinberg bought the Subject Property in 1992. In 1993, Mr. and Mrs. Tinberg added extensive plantings around the tennis court to shield them from passersby on Sheridan Page 5 of 39 March 13, 2024 Page 2 Road. Over the last 30 years, Mr. and Mrs. Tinberg have maintained the plantings and the tennis court and have made repairs when necessary. Mr. and Mrs. Tinberg have not changed the size or location of the tennis court since they bought the Subject Property. Mr. and Mrs. Tinberg have used White Pines, Norway Spruces, dense yews and climbing hydrangea to screen the tennis court fencing. In 2023, Mr. and Mrs. Tinberg contracted with C.R. Peterson to remove and replace the existing playing surface. Mr. and Mrs. Tinberg were not aware that a building permit was required for this work until they were notified by Village staff. Moreover, Mr. and Mrs. Tinberg were not aware that the removal and replacement of the tennis would trigger a need for two zoning variations due to the location of the tennis court in the required front yard and encroaching into the required side yard setback on the south side of the tennis court. Specifically, the existing tennis court provides a setback of 1.37 feet from the south property line, where the minimum required side yard setback is 12 feet. This application arises from their desire to comply with the Village’s Zoning Ordinance and building permit requirements. III. Standards of Review. For the Zoning Board to grant the requested variations, the Zoning Board requires evidence on the following issues: 1. that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district; 2. that the plight of the owner is due to unique circumstances; 3. that the variation, if granted, will not alter the essential character of the locality; 4. that an adequate supply of light and air to adjacent property will not be impaired; 5. that the hazard from fire and other damages to the property will not be increased; 6. that the taxable value of land and buildings throughout the Village will not diminish; 7. that the congestion in the public street will not increase; and 8. that the public health, safety, comfort, morals, and welfare of the inhabitants of the Village will not be otherwise impaired. Mr. and Mrs. Tinberg’s request for these two variations meets with each of these standards for the following reasons: 1. If the Zoning Board denies the request for the variations, Mr. and Mrs. Tinberg would have to keep making patchwork repairs to the tennis court or remove the court and the fencing reducing the value of the property and making the home less valuable to a prospective buyer. 2. Here, a variation from the strict application of the Code is appropriate due to the unique conditions Mr. and Mrs. Tinberg are faced with more than 30 years after buying their home. They did not install the tennis court and the fencing, but they have maintained it and made extensive plantings to screen the tennis court from the sidewalk and Sheridan Road. They have made patchwork repairs to the tennis courts over the decades but ultimately a new surface was needed. Mr. and Mrs. Tinberg were not aware of a requirement for a permit to remove and replace the court in the exact location withing the existing fencing. Mr. and Mrs. Tinberg did not see any indication on the Village of Winnetka website that such a permit was required. Page 6 of 39 Page 7 of 39 Page 8 of 39 Page 9 of 39 Page 10 of 39 Page 11 of 39 Page 12 of 39 Page 13 of 39 From: To: Ann Klaassen Cc: Subject: Zoning Variance Date: Tuesday, March 19, 2024 10:34:50 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Zoning Administrators, We live at 175 Sheridan Road. We understand that our immediate neighbors to the south (Rich and Elaine Tinberg) need a zoning variance to repave their tennis court. We fully support the zoning variance request with no reservations. We have lived next to Rich and Elaine for at least the last twelve years. Given the outstanding job of landscaping the tennis court, we frequently forget it is even in place. It is difficult to discern-whether from Sheridan Road, the sidewalk, or our property. We fully support the tennis court staying in its current location and ask that you approve their request. Should you have any questions, please feel free to contact either one of us. Sincerely, Bob and Carol Rasmus 175 Sheridan Road Winnetka, IL. 60093 Page 14 of 39 From: To: Ann Klaassen Cc: Subject: regarding the Tinberg property at 159 Sheridan Rd Date: Tuesday, March 19, 2024 2:17:28 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Klaassen, My husband Randy and I live directly across from Rich and Elaine Tinberg, whose ancient tennis court needs repair. We understand that the Village feels that it is inadequately set back from the sidewalk or adjacent properties, so we are writing to express our whole-hearted approval for the project. It will not affect us negatively in any way, and will, in fact, enhance the look of the neighborhood (while also punctuating summer occasionally with that satisfying staccato thwock of a ball well hit...) Please let us know if we can provide any additional information. We hope they are able to complete this very sensible repair in a timely fashion. Warm regards, Lisa and Randy White 160 Sheridan Rd Page 15 of 39 NOTICE OF WINNETKA ZONING ADMINISTRATOR PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Winnetka Zoning Administrator on MONDAY, APRIL 1, 2024, AT 4:00 PM in the Council Chamber of the Winnetka Village Hall at 510 Green Bay Road, Winnetka, Illinois for the purpose of considering the following: CASE NO. 24-07-ZA 470 SUNSET ROAD – REPLACEMENT OF FRONT PORCH AND SECOND FLOOR ABOVE An application submitted by Erinn and Ryan Martin (collectively, the “Applicant”), as the owners of the property located at 470 Sunset Road (the “Subject Property”) to allow the one-for-one replacement of the existing nonconforming front porch and the second floor above on the Subject Property. The Applicant has filed an application seeking the following variation from the Zoning Ordinance: 1. A variation to provide less than the minimum required front yard setback of 30 feet from the north property line along Sunset Road. The Subject Property (Parcel Index Number 05-21-320-003-0000) is generally located on the south side of Sunset Road, between Myrtle Street and Woodland Avenue, and is zoned R-5 Single Family Residential. The Subject Property contains an existing two-story residence and a detached garage. PUBLIC COMMENT & APPLICATION INFORMATION At said public hearing and at any adjournment thereof, all persons interested are invited to attend and be heard. The agenda and materials for the meeting will be posted on the Village’s website - www.villageofwinnetka.org/agendas no later than Thursday, March 28, 2024. Persons seeking additional information concerning this application are directed to email inquiries to planning@winnetka.org or by calling 847-716-3525. If you wish to provide testimony or comments prior to the meeting, you may provide them one of two ways: 1) By sending an email to planning@winnetka.org; or 2) By sending a letter to Community Development, Village of Winnetka, 510 Green Bay Rd, Winnetka, IL 60093. The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting facilities, contact the Village ADA Coordinator at 510 Green Bay Road, Winnetka, Illinois 60093 [Telephone: (847) 716-3543; T.T.Y.: (847) 501-6041. Page 16 of 39 Subject Property Location of Existing Front Porch and Second Floor Above to be Replaced Existing Front Elevation Front Porch and Second Floor Above to be Replaced (same size and location) Excerpt of Site Plan (Note: Details may change through review process.) Page 17 of 39 Page 18 of 39 Page 19 of 39 Page 20 of 39 SUNSET ROAD 61.94' EXISTING 2-STORY RESIDENCE 155.50' 155.50' 20.2' EXISTING DETACHED GARAGE 22.1' 22.2' 20.2' 61.94' SITE PLAN PUBLIC ALLEY NORTH 1 A 02 Page 21 of 39 EXISTING 1 FRONT ELEVATION A 03 Page 22 of 39 EXISTING 3 LEFT ELEVATION A 03 Page 23 of 39 EXISTING 2 RIGHT ELEVATION A 03 Page 24 of 39 EXISTING COVERED PORCH EXISTING EXISTING EXISTING DINING ROOM FOYER LIVING ROOM EXISTING 1 FIRST FLOOR PLAN A 04 Page 25 of 39 EXISTING OFFICE EXISTING 2 SECOND FLOOR PLAN A 04 Page 26 of 39 EXISTING 3 FOUNDATION PLAN A 04 Page 27 of 39 PROPOSED 1 FRONT ELEVATION A 05 Page 28 of 39 ATTIC SPACE PROPOSED 3 LEFT ELEVATION A 05 Page 29 of 39 PROPOSED 2 RIGHT ELEVATION A 05 Page 30 of 39 4 PARTIAL SECTION A 05 Page 31 of 39 RE-BUILT COVERED PORCH 4 A 05 EXISTING EXISTING EXISTING DINING ROOM FOYER LIVING ROOM PROPOSED 1 FIRST FLOOR PLAN A 06 Page 32 of 39 RE-BUILT OFFICE PROPOSED 2 SECOND FLOOR PLAN A 06 Page 33 of 39 4 A 06 6 A 06 5 A 06 PROPOSED 3 FOUNDATION PLAN A 06 Page 34 of 39 6 FOUNDATION DETAIL A 06 Page 35 of 39 4 FOUNDATION DETAIL A 06 Page 36 of 39 5 DECK DETAIL A 06 Page 37 of 39 RE-BUILT COVERED PORCH EXISTING EXISTING EXISTING DINING ROOM FOYER LIVING ROOM PROPOSED 1 FIRST FLOOR PLAN A 07 Page 38 of 39 RE-BUILT OFFICE PROPOSED 2 SECOND FLOOR PLAN A 07 Page 39 of 39