Zoning Board of Appeals

APPROVED MINUTES OF A MEETING OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS February 25, 2013 1. Call to Order Chairman Decker called the meeting to order at 7:34 pm in the Board Room of Village Hall. Members Craig, Menn, Lown, Schofield, and Chairman Decker (5) were present. Members Pick and Robicsek (2) were absent. A quorum was present. Village staff present included J. Maisch, Zoning Administrator and Code Enforcement Official, and L. Sweet, recorder. 2. Review of Minutes Member Schofield, seconded by Member Craig, motioned to approve the minutes of the November 26, 2013 meeting, as presented. On voice vote, the minutes were approved. 3. General Public Comments There were no comments from the audience. 4. Public Hearing and Consideration of Petitions Chairman Decker announced that the dockets would first be heard in the public hearing portion of the meeting. ZBA deliberation and decision regarding the docket would occur immediately following the hearing, during the regular meeting. Petitioners will be sworn in, and should address the Board. As required by state statute, the hearing notice for both dockets was published in the February 7, 2013 Northbrook Star. Docket No. 13-Z-1 will be discussed first. DOCKET NO. 13-Z-1 – Petition by Chris Pearson and Beth Gavin-Pearson for variations to: A) Reduce the required corner side yard from 25’ to 9.69’; and B) Reduce the required rear setback from 40’ to 38.23 on the property commonly known as 1847 Maple Avenue (04-10-312-022). The purpose of the variations are to construct a one-story addition. The Petitioners, Mr. Chris Pearson and Mrs. Gavin-Pearson, were sworn in for public testimony. They testified they mailed 97 notices, but do not have an exact count of the number of cards that were returned. Mrs. Gavin-Pearson explained they live in a 1900 sq. foot ranch on Maple Ave. They are directly across from the Metra station on the corner of Maple and Lorenz Drive. They would like to expand their family room and turn their one-car garage into a two-car garage. They feel they will not be infringing on any neighbors. Mrs. Gavin-Pearson added they would keep their fence. Chairman Decker asked for confirmation that the fence changes would be made at the same time as the addition. Ms. Gavin-Pearson affirmed. Ms. Christine Lofland, Chairman of the Citadel Condominiums of Northbrook Homeowners Association, addressed the Zoning Board. Member Menn asked Ms. Lofland to explain why she was providing Minutes of Regular Zoning Board of Appeals Meeting February 25, 2013 testimony. Ms. Lofland explained the Condominiums are close to the Subject Property. She would like the Board to consider any potential storm run-off from the swale. When there is significant rainfall, their residents lose their cars and suffer property damage. Construction opposite the tracks has caused trouble in the past. She is concerned that the addition might increase flooding. Member Menn responded that any addition of this size requires Village engineering review and approval to ensure no water from the property will flow onto the Citadel property. Member Menn noted that the ZBA also received a letter from Ms. Adele Sturgis related to flooding. Member Menn continued the ZBA cannot make a decision whether to approve a docket or not due to stormwater concerns. The ZBA has to rely on Village Engineering staff’s expertise. Ms. Sturgis, in her email, requested a backflow preventer, however, this is way beyond the scope of the ZBA. The ZBA considers issues that fall under Zoning Code regulations only. However, he hopes storm water retention will continue to be a Village priority. The ZBA can recommend that the Village engineer carefully consider the proposal. Member Menn concluded he is sure the Petitioner does not want flooding either. Member Menn, seconded by Member Lown, motioned to close the public hearing. On voice vote, the motion passed. Chairman Decker encourages the storm water issue to be addressed. Member Menn commented the site has a difficult shape. Member Schofield asked if members of the public can visit the Village Engineer. J. Maisch encourages that. Chairman Decker added it is always an option. Member Menn moved, seconded by Member Craig, to accept Docket 13-Z-1 as presented, with the following conditions: 1) The Village engineer examine issues related to flooding, and 2) Reconstruction of the property’s fence. Roll was called; the motion passed unanimously. DOCKET NO.13-Z-2- Petition by Mark Benner, Mark Eric Benner Architects, Ltd., 1725 Ferndale Avenue, Northbrook, IL 60062, on behalf of the owners Penn Phillips and Stephanie Zwilling, for variations to: A) Reduce the required west interior side yard from 6’ to 5.75’ on the property commonly known as 1649 Ferndale Avenue (04-10-103-015). The purpose of the variation is to construct an addition. Member Menn would like to go on record as knowing Mr. Benner, but he feels this will not affect his deliberations. Mr. Benner was sworn in for public testimony. He explained the addition will create a new second floor, add a second bay to an existing garage, and add a new front porch. The existing house is at the 40 yard line. The front porch will support entertaining in the front yard and participation in Northbrook’s First Friday program. Chairman Decker pointed out that was not relevant to this body, as ZBA decisions are specific to properties and not owners. Mr. Benner continued that the addition will add to the character of the neighborhood. Other homes in the area are built close to the property line. Chairman Decker asked the Petitioner to address the issues from the staff report. Specifically, why can’t the front porch be built with less depth? Mr. Benner responded he is trying to avoid demolition of the existing structure, and inconvenience to the neighborhood. There is some variability related to placement of the garage. The proposal avoids construction to the rear of the house. Chairman Decker asked if the petitioner could address the issue of uniformity of houses having a 40-foot setback with some houses now encroaching forward. J. Maisch added that the two houses closest to 2 Minutes of Regular Zoning Board of Appeals Meeting February 25, 2013 Waukegan are not part of this subdivision; they are separate parcels. Mr. Benner explained the variation would be similar to six other houses in the neighborhood. The proposed front porch is very low in height; it’s not the house itself coming forward. Member Menn asked for confirmation that there are six houses on the block that also encroach the front building line. Mr. Benner said, yes, six houses cantilever forward with their 2nd floors. Member Menn asked staff if the cantilever encroachment is allowed only on the side or rear of a house. J. Maisch indicated 2nd floor encroachments and bays are not allowed in a front yard. Member Menn added that he spent half an hour visiting the street today, and there are six houses. Member Menn contributed that the largest encroachment is the porch. Four columns encroach on the front yard setback. Member Menn asked staff what is the zoning classification. J. Maisch responded R-5, and the district default front yard setback is 25 feet. Member Menn added this district had a recorded setback of 40 feet. Member Craig asked if the porch would be open. The Petitioner replied yes. Chairman Decker asked if the Petitioner had the addresses of the other houses that encroach the front building line. Member Schofield asked staff if there have there been zoning variances on this street. J. Maisch responded, yes, in the rear yard only. The Petitioner responded addresses 1630, 1613, 1625 and 1659 Ferndale are four of the houses with the cantilever encroachment. J. Maisch asked Mr. Benner if he has you looked at the plats on those properties to make sure they are over the line, because they may be close, but not actually be extending over the setback. Member Schofield asked if these are original to the construction or modifications. Member Menn added there is one house under construction in the neighborhood. Member Menn continued that the porch protrudes most into the front yard. He also commented two neighbors on either side of the house provided letters of support. Chairman Decker asked if the petitioner could address how this will affect the character of the neighborhood both visually and historically, as it is in the middle of the street. Mr. Benner said it is important to point out that in the Petition all of the living areas are moved back. Adjacent homes have different architecture styles. Other homes in neighborhood have constructed awkward additions that did not require variation. Member Schofield, seconded by Member Menn, motioned to close the public hearing. The motion passed by voice vote. Chairman Decker commented that historically there have been setbacks. Member Craig indicated, from his view point, encroaching the 40-foot setback with the porch is fine and he doesn’t have an objection to adding a garage. Member Craig is always in favor of open porches. Member Menn, commented he is the only architect here today, and that if this subdivision were built today, the ACC would object. Member Menn congratulates the Petitioner and architect on its plan to take a standard split level and turning it into a lovely house. Furthermore, he feels the elevation is quite appealing. Lastly, he feels an open porch is one of the only things he would allow to break up the standardized encroachment. Member Lown thinks it would be a great addition to the neighborhood, and she thinks it’s great they are not tearing the existing house down. She views these variations would offer a positive change. Member Schofield is not sure if the ZBA can change the covenant of the neighborhood. This is not a zoning variance, but a change to a building line established when the homes were built in 1927. He’s not sure if 3 Minutes of Regular Zoning Board of Appeals Meeting February 25, 2013 we can do it legally. Member Menn suggested voting contingent upon Village attorney review. J. Maisch does not ever remember granting variances when there has been a recorded front building line. Member Menn asked if the Petitioner understands. He continued that we don’t know if we have the authority. Chairman Decker doesn’t know if the neighbors who received notice have waived their right to respond to this issue by not coming forward. Member Schofield added it’s an agreement among the property owners, not a zoning issue. Chairman Decker doesn’t want to approve it and then have it be meaningless. Member Menn moves to accept the proposed variations as presented, conditioned on 1) Village attorney review of whether ZBA has jurisdiction to give variance on recorded setback. Roll was called: Ayes (4) Members Craig, Menn, Lown, Schofield; Nays (1) Decker. The Petitioner can follow-up with J. Maisch. 5. Old Business There was no old business. 6. New Business The next meeting will be April 22nd. Member Menn will not be renewing his membership. 7. Adjourn There being no further business, Member Menn, seconded by Member Lown, moved to adjourn the meeting. On voice vote, the motion carried. Chairman Decker adjourned the meeting at 8:31 pm. Respectfully submitted, /s/ Lindsay Sweet Recorder 4