Zoning Board of Appeals

APPROVED MINUTES OF A MEETING OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS March 21, 2016 Call to Order Chairman Decker called the meeting to order at 7:31 p.m. in the Board Room of Village Hall. Chairman Decker and Members Craig, Geslicki, Len, Lown, and Wolfmark were present, Member Schofield was absent. A quorum was present. Village of Northbrook Staff present included Jennifer Maisch, Zoning Administrator, and Kendra Kim, Recorder. Review of Minutes Member Craig, seconded by Member Lown, moved to approve the minutes of the October 26, 2015 meeting, as presented. On a voice vote, the motion carried unanimously. General Public Comments There were no comments. Chairman Decker announced that the docket would first be heard in the public hearing portion of the meeting. ZBA deliberation and decision regarding the docket would occur immediately following the public hearing, during the regular meeting. If members of the audience are not able to stay for the regular meeting, they can contact the Zoning Administrator for the results. Petitioners will be sworn in and should address the Board. Neighbors within 250 ft. were notified of each new petition. As required by state statute, the hearing notice for Docket 16-0002 was properly published in the Northbrook Star on March 3, 2016. Public Hearing and Consideration of the Following Petition: DOCKET NO. ZBA 16-0002 (1725 FERNDALE AVENUE – AC UNIT and GARAGE) – Petition by Mark and Mary Beth Benner for Zoning Code variations to A) Reduce the required east side yard setback requirement from 6’ to 5.81’; and B) Reduce the 25% total combined side yard setback requirement from 19.59’ to 13.59’ for a property in the R-5, Single Family Residential District. The Property is commonly known as 1725 Ferndale Avenue (PREI No 04-10-103-007) and is the site of an existing single- family home. The variation has been requested to relocate an air conditioning condenser and construct a new attached garage. Mark Benner was sworn in to present to the Board. Mr. Benner introduced himself as an architect and the homeowner of 1725 Ferndale. He confirmed that notice of this petition was provided to his neighbors. He outlined the request for relief of side yard setback requirements to accommodate the relocation of the existing A/C condenser on the east side of the property. He explained that the A/C condenser will move further north while remaining in its existing north/south position. He explained that the west side has unique shape and that he hopes to reduce the side yard setback to 8’ to accommodate the construction of a two-car garage. Chairman Decker asked that Mr. Benner explain the uniqueness of the property shape. Mr. Benner described the lot as a “flag shape,” being 50’ at its narrowest and 97’ at its widest near the street. He added that the Village side yard calculations are taken at nearly the widest point on the lot. Mr. Benner explained that they plan to demolish the existing one-car garage and build a new two-car garage following the angle of the lot line. Administrator Maisch clarified that the current minimum side yard setback is 6’ therefore this request not to reduce the minimum setback requirement on the west side, but rather reduce the total combined side yard requirement of 25% of the lot width. Member Geslicki noted that the lot is not a flag lot by definition, but the shape of this property is indeed unique compared to other properties in the Village. Mr. Benner explained that initial layout for the lot included a commercial stretch along Waukegan, and when that was abandoned and converted to residential zoning, the neighbor and Mr. Benner split the abandoned alley, contributing to the unique shape of this lot. Chairman Decker inquired as to whether the second floor will be built within the current dimensions of the house. Mr. Benner confirmed the second floor will be following the same footprint of first floor. Member Wolfmark queried as to the nature of the existing detached structure in the back yard. Mr. Benner stated that it is a shed that features a green vegetative roof. Chairman Decker noted that this shed is another unique attribute of this property. Chairman Decker pointed out the request that the compost be hidden from view at the street level. Mr. Benner expressed his willingness to accommodate that request. Member Geslicki inquired about the solar panels on roof. Mr. Benner explained that they are not visible from street and that, to his knowledge, there is no Village Code that prohibits them. Administrator Maisch confirmed that there is no compliance issue with the solar panels provided the do not exceed the maximum permitted height when raised. Member Gesliski inquired as to the capacity of the solar panels. Mr. Benner stated they are 15 kilowatt panels. Member Geslicki inquired about the efficiency rate. Mr. Benner did not know that exact figure. There being no further remarks, a motion was initiated by Member Craig, and seconded by Member Wolfmark to close the hearing to the public. On a voice vote, the motion carried unanimously. Chairman Decker noted the unusual shape of the lot contributed to these unique setback conditions. Besides cleanup of conditions outlined by the Village he saw no issues of concern. Member Wolfmark motioned to accept the petition by Mark and Mary Beth Benner for Zoning Code variations to A) Reduce the required east side yard setback requirement from 6’ to 5.81’; and B) Reduce the 25% total combined side yard setback requirement from 19.59’ to 13.59’ at 1725 Ferndale Avenue (PREI No 04-10-103-007), subject to the following condition(s): 1. That the addition be constructed in substantial compliance with the plans dated 2/17/16 and reviewed by the Zoning Board of Appeals 3/21/16. 2. All composting will take place at least 5’ from property lines and in accordance with all Village Ordinances. 3. Removal of outdoor storage in the east side yard. 4. Relocate the fence screening the existing air conditioning condenser, or install new screening, so that the condenser is screened in its new location. Member Lown seconded the motion, and on a roll call vote the motion passed unanimously. Old Business Chairman Decked addressed concern regarding a former petition that was approved by the board, and the concern that the Board may have been misled regarding the scope the project. Specifically in that the homeowner never stated his intent to tear down the house. Administrator Maisch stated that if someone provided false testimony the Village has recourse and can contact the Village prosecutor and take action to render approval void if testimony is found to be invalid. Member Geslicki raised the question of zoning variance for personal use versus future profit. Chairman Decker stated the Board must focus on the property, not the person. Member Lown offered that drawing conclusions about an individual and their motivation is not the objective of the Zoning Board, they must focus on the variance and its validity. Member Wolfmark agreed that he was led to believe the petitioner was planning to live in the property in question and therefore was misled. Administrator Maisch wasn’t at the meeting in question, and so offered that the meeting minutes in question should be reviewed and can be included in the upcoming meeting packet. New Business New member Tom Len introduced himself as a local builder here in Northbrook. He has lived here since late 90s with his wife and two sons. Administrator Maisch announced that there will be no April meeting. Therefore the next scheduled meeting will be May 23, 2016. There being no further business, Member Craig moved to adjourn the meeting, Member Lown seconded the motion. On a voice vote, the motion carried unanimously. The meeting adjourned at 7:55 p.m. Respectfully Submitted, Kendra Kim/Recorder