Zoning Board of Appeals

STAFF REPORT 2022-01Z: Variation Community Development Department Council Chambers, 7:30 PM, March 16, 2022 To: Brian O’Donnell, Chairman, Zoning Board of Appeals From: Brian J. Augustine, Building & Zoning Division Manager Re: 4225 Lyons Street – Front Yard General Information Location 4225 Lyons Street Request Variation in order to construct a second-floor addition resulting in the continuation of the 24.35-foot front yard. Zoning Requirement 25-foot minimum 118-124(5) Petitioner Majeed and Ruba Maatouk Existing Zoning & R1 Single-Family – Detached residence Land Use North R1 Single-Family – Detached residences South R1 Single-Family – Detached residences East R1 Single-Family – Detached residence West R1 Single-Family – Detached residence Assigned to Elaine Jacobson SITE INFORMATION  Detached residence constructed in 1955. PETITIONER’S SUBMITTAL The petitioner is requesting a variation in order to construct a second-floor addition resulting in the continuation of the existing 24.35-foot front yard. APPEARANCE COMMISSION The petitioner’s request was approved by the Appearance Commission on December 8, 2021. 596223 v1 Staff Report 2022-01Z STAFF ANALYSIS Staff Comment and Review sheets were sent to all pertinent departments. The Community Development Department and Forestry Division were the only department/divisions to comment. Forestry Division The Forestry Division has no objections to the petitioner’s request. Tree protection is required in accordance with Village standards. Community Development Department The Community Development Department has no objections to the petitioner’s request. The building was constructed in 1955 in its current location. The proposed addition continues the existing non-conforming front setback. The existing building is only about 8 inches into the existing front yard. Staff feels the petitioner’s request is the minimum variance necessary to allow reasonable use of the property. The proposed addition will not negatively impact surrounding properties. STAFF RECOMMENDATION Based on the proposed Findings of Fact, Staff recommends that the petitioner’s request to construct a second-floor addition be granted. ATTACHMENTS 1. Proposed Findings of Fact 596223 v1 Staff Report 2022-01Z Proposed Findings of Fact 2022-01Z: Variation Community Development Department Council Chambers, 7:30 PM, March 16, 2022 1 Consideration Limitation on the use of the property due to physical, topographical, and geologic features. Finding There are no limitations on the property due to physical, topographical or geologic features. 2 Consideration The applicant can demonstrate that without a variance there can be no reasonable use of the property. Finding Staff feels the applicant can most likely can have a reasonable use of the property without a variation. 3 Consideration The granting of the variance is not based solely on economic reasons. Finding The variance request appears to be based on the desire to construct a second floor addition in line with the existing 1st floor. 4 Consideration The necessity for the variance was not created by the property owner. Finding Staff feels the necessity for the variance is clearly not being created by the owner. The building was constructed in its current location. 5 Consideration The variance requested is the minimum variance necessary to allow reasonable use of the property. Finding Staff feels the variance requested is the minimum necessary to allow for reasonable use of the property. The addition is about 8 inches into the required front yard. 6 Consideration The granting of the variance will not be injurious to the public health, safety, or welfare. Finding Staff feels the granting of the variance should not be injurious to public health, safety or welfare. 7 Consideration The property subject to the variance request possesses one or more unique characteristics generally not applicable to similarly situated properties Finding The building was constructed in its current location. The owner is only asking to continue the existing non-conforming setback, which is about 8 inches into the required front yard. 596223 v1 Staff Report 2022-01Z