Planning & Zoning Board

February 27, 2018 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the February 27, 2018 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in the Council Chambers of the Wheaton City Hall, 303 W. Wesley Street. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Scott Weller Absent: Mark Plunkett Dan Wanzung City Staff Present: Tracy Jones, Staff Planner II. APPROVAL OF MINUTES - JANUARY 23, 2018 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. NEW BUSINESS ZA #18-02/ REAR YARD SETBACK VARIATION/ 718 E. FOREST AVENUE/ GODOY Pursuant to notice duly published on February 10, 2018 and letters mailed to neighboring property owners on February 8, 2018, Chair Weller called to order the February 27, 2018 public hearing requesting a variation to Article 3.4A.6 of the Wheaton Zoning Ordinance to allow the construction and use of a patio on the property located at 718 E. Forest Avenue with a rear yard setback of 7.0 feet in lieu of the required 25.0 feet. A letter from the homeowners was submitted into the record which stated that the homeowners had spoken to all their adjacent neighbors and none of them had any issues with the variation request. Tad Williams, 211 N. Woodlawn Street, Wheaton was sworn in. Mr. Williams stated that he was the contractor working on the project and the homeowners were unfortunately out of town. The subject property is located at the southwest corner of Forest Avenue and Cherry Street. The property is 7,260 square feet in size with a lot width of 55.0 feet and a lot depth of 132.0 feet. The property is improved with an existing 2,600 square foot two-story residence with a rear yard setback of 25.2 feet. Mr. Williams stated that currently the only outdoor living space is a covered porch on the north side of the residence and a small covered porch on the west side of the residence. The new patio would have a total area of approximately 320 square feet, an interior side yard setback of 4.4 feet and a rear yard setback of 7.0 feet in lieu of the required 25.0 feet. In the letter from the homeowners that was submitted into the record, the homeowners stated that a patio smaller than the one proposed would not provide enough space for their family and guests. Staff Planner Jones stated that the homeowners built the existing house in 2014. Based on the size of the lot, the size of the house, and the placement of the house, the architect, builder and homeowners should have anticipated that the addition of a patio would be an issue in the future. An administrative variation was already required to build the house in its existing location.  Wheaton Planning and Zoning Board February 27, 2018 Page 2 of 2 In spite of the Board finding that the practical hardship in this case was self-created by the applicant, the Board felt that being able to accommodate outdoor living space on their property is a reasonable expectation of the homeowners and denial of the variation would unreasonably deprive the homeowners of the use and enjoyment of their property (variation evidence question #10). Given the placement of the house and the shallow back yard depth, the homeowners had no ability to construct a patio without a variation. Mr. Williams stated that if the variation for the patio is approved, the homeowners are planning to landscape both the south and west sides of the patio once it is installed. A copy of the preliminary landscape plan was presented at the public hearing. Mr. Williams addressed the variation standards as required by the Zoning Ordinance. He stated that the proposed variation would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Mr. Dabovich moved and then Ms. Horejs seconded the motion to close the public hearing. On a voice vote, all voted aye. The Board discussed grading issues on the portion of the property where the patio was proposed and decided to make their recommendation of approved subject to permitting approval of the Director of Engineering being required. The Board decided to vote this evening. Ms. Aranas moved and then Mr. Gudmundson seconded the motion to approve ZA #18-03 subject to permitting approval by the Director of Engineering being required. Roll Call Vote Ayes: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Scott Weller Nays: None Absent: Mark Plunkett Dan Wanzung Motion Passed Unanimously V. MISCELLANEOUS There was none. VI. ADJOURNMENT Mr. Plunkett moved and then Mr. Wanzung seconded the motion to adjourn the meeting at 7:25 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner