Zoning Administrator

Village of Winnetka Zoning Administrator Meeting November 14, 2022 at 4:00 PM Police Department Classroom 410 Green Bay Road AGENDA 1. Call to Order 2. Public Comments 3. New Applications a. Case No. 22-27-ZA: 1152 Oak Street: An application submitted by Abhay Kesheorey seeking approval of a variation to allow structural changes necessary to provide new window openings in the legally nonconforming west side building wall. The Zoning Administrator has final jurisdiction on this request. 4. Adjournment NOTICE 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 by sending a letter to Community Development, Village of Winnetka, 510 Green Bay Road, Winnetka, IL 60093. All agenda materials are available at www.villageofwinnetka.org/agendacenter. 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). Page 1 of 18  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, NOVEMBER 14, 2022, AT 4:00 PM in the Classroom of the Winnetka Police Department at 410 Green Bay Road, Winnetka, Illinois for the purpose of considering the following: CASE NO. 22-27-ZA 1152 OAK STREET – NEW WINDOWS IN EXISTING RESIDENCE An application submitted by Abhay Kesheorey (the “Applicant”), as the owner of the property located at 1152 Oak Street (the “Subject Property”), to allow new window openings in the west 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 west side building wall that provides less than the minimum required side yard setback of 6 feet. The Subject Property (Parcel Index Number 05-20-112-008-0000) is generally located on the south side of Oak Street, between Glendale and Berkeley Avenues, and is zoned R-5 Single Family Residential. The Subject Property contains an existing two-story residence and a detached 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 Police Department, the Winnetka Zoning Administrator meeting may be held virtually on November 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, November 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. Page 2 of 18  Subject Property Excerpt of Proposed West Elevation (proposed windows highlighted yellow) (Note: Details may change through review process.) Page 3 of 18 Page 4 of 18  Wri en explana on: Based on our review of historical permit documents obtained from the Village of Winnetka, the original permit to construct the 2-story dwelling at 1152 Oak Street was issued in 1928. Subsequently, a permi ed 1-story extension was added to the south façade of the house in 1939 extending the footprint of the house southwards and away from the kitchen. Both permits, which together de ne the total outer envelope of the exis ng residence, pre-date the original zoning ordinance. The exis ng residence is considered legally nonconforming with respect to required side-yard setback of 6- since the setback is 4.74 from the West property line. (i.e. a minimal degree nonconformity of approximately 15 inches). There is no economically viable alterna ve to cure this nonconformity as it will require demolishing the house and building anew. The proposed oor plans contemplate addi onal window openings on the nonconforming West wall of the residence to func onally enhance the safety of and accessibility to the interior of the house should a need arise in the event of a re or other emergency. • The proposed openings will not in any way increase the nonconformity since the exis ng setback from the West property line is not being altered or changed. • By crea ng create addi onal access points to the interior of the house, we believe the u lity and safety of the residence and its residents will be enhanced with these openings while crea ng no new issues for the community at large. • Speci cally, the proposed second window opening in the kitchen will allow the relocated gas range to be anked on either side by two separate access points (instead of a current single opening) thereby improving accessibility into the kitchen for any re gh ng equipment or personnel from the exterior. • In addi on to improving access, the second opening in the kitchen creates an addi onal ven la on outlet to slow the growth of any re. • The proposed second opening in the kitchen also mi gates the risk arising from the single point of failure (e.g. a jammed window) posed by the current single window opening. • The proposed second opening in the Study enhances accessibility to the interior of the house from the exterior for any emergency vehicles. The asphalt driveway on the adjacent property is the closest motorable surface for any emergency vehicle that pulls up to the residence. Crea ng a second opening mi gates the single point of failure risk (e.g. jammed window) arising from the current single opening on the West wall. Page 5 of 18 ti ti ti ti ti ti ti ti fi fi ft ti fi ti ti fi ft fi ti ti ti ti fl fl ti ti ti tt fi ti tt  Responses to the Eight Standards for gran ng a varia on: 1. The property in ques on cannot yield a reasonable return if permi ed to be used only under the condi ons allow by regula ons in that district; Having a single opening in the kitchen creates a single point of failure and safety hazard in the event of a re or other emergency for the its occupants in our opinion. The original house had two openings which were reduced to a single opening when the extension was built. Our modi ca on proposes to improve the safety hazard arising from a single opening. A poten al re hazard in the sec on of house where a re is most likely (i.e. kitchen) cannot yield a reasonable return unless the de ciency was rec ed. Our proposed varia on is an economically viable solu on to correct the de ciency without increasing the present nonconformity. 2. The plight of the owner is due to unique circumstances. Such circumstances must be associated with the characteris cs of the property in ques on, rather than being related to the occupants; The unique circumstance leading to our request is that the original structure in 1928 had two window openings in the kitchen which were reduced to a single opening when the extension was constructed in 1939. We believe two window openings are cri cal to the safety of any residents dwelling in the house. 3. The varia on, if granted, will not alter the essen al character of the locality; The varia on is con ned to an exis ng wall in a single-family residence within the locality. The wall in ques on is being retained and modi ed by crea ng new window openings which would match the other exis ng windows of the home to preserve symmetry and aesthe c character. We are deeply apprecia ve of the Village’s character and beauty - it is one of the primary reasons we chose to make this house our primary residence. Our proposed varia on make every e ort to keep the modi ca ons in character of the surrounding locality and to preserve what came before us. 4. An adequate supply of light and air to the adjacent property will not be impaired; Since the proposed varia on does not alter the setbacks from the adjacent property, the current light and air to the adjacent property are not expected to be impaired. 5. The hazard from re and other damages to the property will not be increased; The addi onal ven la on outlets will slow the growth of any re therefore the hazard from re will not be increased. Addi onally, the proposed varia on will create new access points into the residence for emergency personnel/ rst responders. Page 6 of 18 ti ti ti ti tt fi ti ti ti fi ti ti ti fi fi ti fi ti fi fi ti ti ti ti ti fi ti ti ti ti ti fi ti fi ti ti fi ti ti ti ti ti fi fi ff fi ti  6. The taxable value of the land and buildings throughout the Village will not diminish; The investment into crea ng new openings which enhance the safety features of the residence and its occupants are not expected to diminish the taxable value of the land and buildings in the rest of the Village. 7. The conges on in the public street will not increase; and The proposed varia on does not face a public street. It faces a private residence. Therefore, no conges on in the public street is expected. 8. The public health, safety, comfort, morals and welfare of the inhabitants of the Village will not otherwise be impaired. The varia on, if granted, will create new window openings in an exis ng residence and not adversely impact the public health, safety, comfort, morale and welfare of the Village inhabitants. Page 7 of 18 ti ti ti ti ti ti  POLENA ENGINEERING LLC PE WHEATON: 630-653-6331 LAKE IN THE HILLS: 815-363-9200 INFO@POLENA.COM WWW.POLENA.COM ILLINOIS PROFESSIONAL DESIGN FIRM No. 184-007260 POLENA COMPANIES INCLUDE LAND TECHNOLOGY, LAMBERT & ASSOCIATES, AND ALAN J COULSON Page 8 of 18 Page 9 of 18 Page 10 of 18 Page 11 of 18 Page 12 of 18 Page 13 of 18 Page 14 of 18 Page 15 of 18 Page 16 of 18 Page 17 of 18 Page 18 of 18