Zoning Administrator

ZONING ADMINISTRATOR MEETING MONDAY, MARCH 14, 2022 - 4:00 PM WINNETKA VILLAGE HALL COUNCIL CHAMBERS – 510 GREEN BAY ROAD AGENDA ITEMS 1. Call to Order. 2. Case No. 22-11-ZA: 455 Berkeley Avenue: An application submitted by Brian and Jessica Fay seeking approval of a zoning variation to allow structural changes necessary to provide new window openings in the legally nonconforming east side building wall of the existing residence at 455 Berkeley Avenue. The Zoning Administrator has final jurisdiction on this request. 3. Public Comment. 4. Adjournment. Note: 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 (2) by sending a letter to Community Development, Village of Winnetka, 510 Green Bay Rd, Winnetka, IL 60093. All agenda materials are available at www.villageofwinnetka.org/agendacenter. NOTICE 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).  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, MARCH 14, 2022, 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. 22-11-ZA 455 BERKELEY AVENUE – NEW WINDOWS An application submitted by Brian and Jessica Fay (collectively, the “Applicant”), as the owners of the property located at 455 Berkeley Avenue (the “Subject Property”), to allow new window openings in the east side building wall of the existing residence on the Subject Property. The Applicant has filed an application seeking the following variation from the Zoning Ordinance: 1. A variation to allow structural changes necessary to provide new window openings in the legally nonconforming east side building wall that provides less than the minimum required side yard setback of 6.5 feet. [The proposed plan represents a net reduction of windows in the legally nonconforming building wall.] The Subject Property (Parcel Index Number 05-20-112-015-0000) is generally located on the northeast corner of the intersection of Berkeley Avenue and Cherry Street and is zoned R-5 Single Family Residential. The Subject Property contains an existing two-story residence with an attached garage. SPECIAL NOTICE Due to the ongoing COVID-19 emergency, and the possibility that an Executive Order of the Governor, an Emergency Order of the Village President, a determination made by the Zoning Administrator, or other government order or law may prohibit or make it more difficult for the public hearing to be held at the Winnetka Village Hall, the Winnetka Zoning Administrator meeting may be held virtually on March 14, 2022, via Zoom. 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. No further notice of this hearing, or of its location or manner in which it will be conducted, will be provided. Information regarding the location of the public hearing and any changes to instructions for participating in the public hearing will be included on the meeting agenda posted on the Village’s website - www.villageofwinnetka.org/agendacenter - no later than Thursday, March 10, 2022. Please contact the Community Development Department at 847-716-3525 for confirmation of the meeting location. At said public hearing and at any adjournment thereof, all persons interested are invited to attend and be heard. Persons seeking additional information concerning any of the applications or requesting alternative means to provide testimony or public comment are directed to email inquiries to planning@winnetka.org or by calling 847-716-3525. 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.  Attachment to Minor Zoning Variation Request 455 Berkeley Avenue February 14, 2022 Explanation of Minor Variation Requested: The applicants, Brian & Jessica Fay, purchased the home at 455 Berkeley Avenue in 2019. It is a vintage brick, stone and Tudor “pre FAR” building on a narrow corner lot. As such, by the current ordinance, the home is non-compliant with side setback restrictions on its East side. Per current zoning code the setback calls 6.5’ (10% of 65’ width.) The survey provided with the home at time of purchase shows that the residence’s East Elevation is setback 6’-4” from the east property line at the south end of the home and 5’-11” at the north end. The home has been set this way since its original construction (probably in excess of 75 years ago). No further encroachment into the setback is being proposed as part of the Fay’s pending application for a building permit or as part of this variance request. The minor variance request is the result of a proposed change in some of the window locations and sizes on the existing, non-compliant east elevation of the home. Because the changes include a reduction in the number and/or size of the windows in both the existing dining room and TV room on the east elevation the net effect of the changes is to reduce the amount of glazing on the east wall and increase the overall privacy between the two neighbors. Since the building permit application is being pursued to make the home function better for contemporary lifestyles, the window modifications that are being proposed as part of the interior remodeling are necessitated the to achieve workable function within. What is now a Dining Room with almost all windows on its east wall is being converted to a combination Mudroom, Home Office and Beverage Center which need primarily wall surface rather than windows. The proposed new window pattern in this area maintains light with the use of high transom windows, provides wall space needed for the proposed new functions below the transoms and increases privacy between the Fays and their neighbor to the East. The existing TV Room is immediately south of this space and is also proposed to reduce the number of existing windows from four to two in order to reduce window glare and increase privacy. The 2nd floor bedroom above this space is proposed to increase from one window to two in order to satisfy light/vent and egress requirements for a bedroom. This is because windows on the northern exposure of this bedroom had to be eliminated due to the addition of an adjacent, setback-compliant 2nd Floor Master Closet (which also increases privacy by replacing an open roof deck that currently occupies that space.) The only other change in East Elevation windows is at the Kitchen. It consists of a relocation/replacement of two existing window openings in order to better accommodate the new cabinet layout proposed for the Kitchen. There is no gain in number or size of windows in this area. The Fays believe that the overall proposed changes (as they relate to the issue of the existing setback encroachment) actually are to the benefit of both themselves and their neighbors by reducing the number of windows and increasing privacy to both homes. Either the required setback was less on the East side when this home was built or, because it is a corner lot with a very narrow buildable area, the home was originally constructed encroaching on today’s 6.5’ east side setback requirement. The strict application of the provisions of the zoning ordinance result in a particular hardship to the applicant in this case because the proposed interior modifications to the functions of the spaces on the east side of the home that are desirable to improve the plan, are not workable if no modification to windows are allowed under the current ordinance. Even necessary maintenance or replacement of existing windows could be limited by the strict application of the zoning ordinance. Accordingly: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by regulations in this zone, because requiring that none of the fenestration could change in the East Elevation would severely limit the ability to re-craft functional spaces on the interior that are in keeping with contemporary lifestyles calling for Mudrooms, in-home Office space and more open Kitchen plans. 2. The plight of the homeowner is due to unique circumstances, namely the past placement of the existing home on the lot where its foundation is encroaching on the required setback. Because of its status as a narrow “corner lot” the home does not meet the test of enjoying minimum proscribed building width. While there is latitude for expansion provided in the code for the west side of the home, it would not make sense in the plan configuration and would alter the vintage character of the west elevation which is perceived as the front of the home. Consequently, options for home modification other than interior modification on the east side are also severely limited. 3. The variation, if granted, will not alter the essential character of the locality. It will not be apparent at all to most viewers of the neighborhood. 4. An adequate supply of light and air will be unaffected since there will be no change to the location of the wall itself.  5. The hazard from fire and other damages to the property will not be increased. 6. If the variation is allowed, the taxable value of the developed property will not be diminished and it will not affect the taxable value of other property within the Village. 7. There will be no negative impact to congestion in the public street as the variation, if granted, has no effect on traffic. 8. The public health, safety, comfort, morals and welfare of the inhabitants of the Village will not be otherwise impaired or impacted by the granting of this variance. The privacy of the adjacent occupants will be increased. For the reasons stated above, the applicants, Brian and Jessica Fay, hereby request that the Village of Winnetka grant the requested minor variance to allow the proposed modifications to the windows on the East Elevation of their home. Your consideration and cooperation in this matter is greatly appreciated. Thomas Hickman Architect of Record  LEGEND A=ASSUMED NW=NORTHWEST C=CALCULATED P.O.B.=POINTOFBEGINNING CH=CHORD P.O.C.=POINTOFCOMMENCEMENT CL=CENTERLINE R=RECORD D=DEED RAD=RADIUS E=EAST R.O.W.=RIGHTOFWAY F.I.P.=FOUNDIRONPIPE S=SOUTH LOT 14 IN BLOCK 1 IN WINNETKA MANOR, BEING A SUBDIVISION F.I.R.=FOUNDIRONROD S.I.P.=SETIRONPIPE OF THE SOUTH 45 ACRES OF THE WEST 90 ACRES OF THE NORTHWEST FT.=FEET/FOOT S.I.R.=SETIRONROD L=ARCLENGTH SE=SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 42 NORTH, RANGE 13, EAST M=MEASURED SW=SOUTHWEST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. N=NORTH W=WEST NE=NORTHEAST = CHAIN LINK FENCE AREA OF SURVEY: = WOOD FENCE 11,698 "CONTAINING _________ 0.26 SQ. FT. OR _______ ACRES MORE OR LESS" 20' 10' 0 20' = METAL FENCE = VINYL FENCE BASIS OF BEARING: = EASEMENT LINE NORTH LINE OF CHERRY STREET AS FOUND 3 = SETBACK LINE MONUMENTED AND OCCUPIED PER RECORD = INTERIOR LOT LINE T 1 SUBDIVISION. S 90°00'00" W (A) F.I.P. 3/4" L O 12 T LO 0.24' S & 0.38' W N 90°00'00" E (M) 65.00' (R/M) CENTER OF WOOD F.I.P. 1/2" FENCE 0.8' S & ON LINE 0.08' S & 0.20' W CENTER OF WOOD CENTER OF WOOD FENCE 1.6' S & ON LINE FENCE 1.0' S & 0.8' W WALK T 141 1 5 O K O T L LOC L B CENTER OF WOOD FENCE 0.1' E CENTER OF WOOD FENCE 0.7' W BERKELEY AVENUE WOOD DECK CENTER OF WOOD FENCE 1.6' W 29.97' CENTER OF WOOD 18.7' 1.4' 10.4' FENCE 0.8' W 8.1' 1.0' 19.4' 180.00' (R/M) 7.3' N 00°47'18" W (M) 180.00' (R/M) S 00°47'18" E (M) 1.0' 7.3' 1.9' CONCRETE CURB 2.3' (66' R.O.W.) 1.0' 1.8' FLAGSTONE 2 STORY 10.9' BRICK, STONE & FRAME BUILDING 0.4' 12.4' 29.27' 6.5' 1.2' 3.3' 50.6' 26.1' FLAGSTONE 19.9' 6.33' CENTER OF WOOD CONCRETE 63.77' FENCE 0.3' W DRIVE ASPHALT 0.3' W 36.70' 36.55' ASPHALT 65.00' (R/M) CONCRETE S 90°00'00" W (A) WALK F.I.P. 3/4" ON LINE & 0.11' W FOUND CROSS 5.04' S & 4.96' W CONCRETE CURB (66' R.O.W.) STATE OF ILLINOIS CHERRY STREET }SS NOTE: COUNTY OF DUPAGE 1. ALL TIES SHOWN ON THIS SURVEY ARE MEASURED TO THE I, THE UNDERSIGNED, AN ILLINOIS PROFESSIONAL LAND BUILDING'S SIDING (BRICK, FRAME, STUCCO, METAL, ETC.) SURVEYOR, DO HEREBY CERTIFY THAT "THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM AND NOT TO THE FOUNDATION, UNLESS NOTED OTHERWISE. STANDARDS FOR A BOUNDARY SURVEY," AND THAT THE P . MAI 2. ROOF LINES AND OVERHANGS ARE TYPICALLY NOT SHOWN HEREON. 3. COMPARE ALL DISTANCES AND POINTS IN FIELD AND REPORT PLAT HEREON DRAWN IS A CORRECT REPRESENTATION H K ANY DISCREPANCIES TO SURVEYOR AT ONCE. J OS E P OF SAID SURVEY. 3253 RE A STRUCTU 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. I SCH INFR ! TER BETTER E NVIRO NMENTS L I FE 2ND DATED, THIS_______DAY AUGUST OF____________, A.D., PROFESSIONAL BET BET TE R LAND 2019, AT LISLE, ILLINOIS. 455 BERKELEY AVENUE ADDRESS COMMONLY KNOWN AS ____________________________________ SURVEYOR Morris Engineering, Inc. WINNETKA, ILLINOIS ____________________________________ STATE OF 515 Warrenville Road, Lisle, IL 60532 ILLINOIS LAW OFFICES OF IAN B. HOFFENBERG LLC. ______________________________________________ S CLIENT _______________________________________________________ Phone: (630) 271-0770 L IS I FAX: (630) 271-0774 ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 035-3253 LICENSE EXPIRATION DATE NOVEMBER 30, 2020 LE , IL L IN0 08/01/2019 (MM/DL) FIELDWORK DATE (CREW)_________________________________________ WEBSITE: WWW.ECIVIL.COM ILLINOIS BUSINESS REGISTRATION NO. 184-001245 RE.S. REVISED:__________ DRAWN BY:_______ 19-07-0529 ________ JOB NO. ___________________ COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 Title Sheet - - - -- COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 - - - -- COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 - - - -- COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 SITE & FOUNDATION PLANS - - - -- COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 SITE & FOUNDATION PLANS - - - -- COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 ELECTRICAL ADDITIONS - - - -- COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 ELECTRICAL ADDITIONS - - - -- COPYRIGHT c 2020 NO. DATE BY ISSUED FOR Design Firm License # 184.006073 DATE: DRAWN: Renovations & Additions to 1 1/9/22 TH RESP. TO 12//22/21 REVIEW Sheet No. CHECKED: - - - -- PROJECT NO. The Fay Residence - - - -- -- -- 455 Berkley Avenue - - - -- THOMAS L. HICKMAN T.H. T.H. - - - -- ARCHITECT Winnetka, Illinois LONG GROVE, ILLINOIS 06/21/2021 - - - -- PH: (847) 772-8443 PARTIAL SECTION & PORCH DETAIL - - - --