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HomeMy Public PortalAbout2012-01-03 ZBA minutes VILLAGE OF PLAINFIELD ZONING BOARD OF APPEALS RECORD OF MINUTES DATE: January 3, 2012 Chairman Sobkoviak called the meeting of the Zoning Board of Appeals to order at 7:00 p.m. and led the pledge to the flag. ROLL CALL: Commissioners Seggebruch, O’Rourke, Renzi, Kiefer, Heinen, Fulco, and Chairman Sobkoviak; and Fire District were present. Park, School, and Library Districts were absent. Also present were Michael S. Garrigan; Village Planne r, Jonathan Proulx, Planner II and Merrilee Trotz, Recording Secretary Approval of Minutes: The last Zoning Board of Appeals minutes of October 18, 2011 were amended on page 3 second to last paragraph … the building was in harmony… and there were accepted as amended. PUBLIC COMMENTS: Chairman Sobkoviak asked for public comments on items that are not on the agenda. There was no response. DEVELOPMENT REPORT: Mr. Garrigan stat ed there was no development report. OLD BUSINESS: None NEW BUSINESS: Case No. 1572-120511 24903 W Madison Street Mr. Garrigan stated this is a public hearing for a variance heard pursuant to public notice in accordance with state statute and all applicable ordinances. Th e applicant seeks to expand his existing garage to a 3 bay garage which would encroach 5 feet into the side yard setback. The property is located in Harvest Glen Subdivision west of Route 30 and south of 135 th Street. Mr. Garrigan reviewed the findings and indicated th ere would be a 15 foot separation between the expanded garage and the adjacent house to the west. This separation would be sufficient to ensure no negative impact on the adjacent property owners; that th e construction would be in a design that would fit in with the residential character of the neighborhood. Mr. Garrigan indicated there is no undue hardship; that placement of the a garage will not create any massing issues that would impede on the natural light that hits the neighbor’s eastern elevation; that the proposed variance will not ha ve any negative impact on the character of the green space between the properti es or the suburban character of the neighborhood. Mr. Garrigan explained the normal separ ation between residential homes. Staff felt the applicant has met 2 or 3 of the findings of fact and therefore is recommending a favorable recommendation with the standard two stipulations and an additional stipulation to ensure that the materials and design of the garage match the elevations on the existing single family home. Michael P. Collins VILLAGE PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Paul Fay Bill Lamb Garrett M. Peck James Racich Dan Rippy Plan Commission Minutes January 3, 2012 Page 2 of 3 Chairman Sobkoviak swore in the petitioner Dale Burchfield. Mr. Burchfield stated he was seeking a variance for a third car garage. Commissioner O’Rourke asked what the survey sh owed as the distance between the building and the property lot line. Mr. Garrigan indicated it was 15 f oot. Mr. Garrigan described how the side yard setbacks work. Commissioner Kiefer asked what the neighbor thought of this plan. Mr. Burchfield indicated he had spoken to all of his neighbors and th ey had no problem with the addition. Chairman Sobkoviak asked if we had notification by certified mail. Mr. Garrigan stated yes. Commissioner Heinen asked if Mr. Garrigan had spoken with any of the neighbors. Mr. Garrigan stated no. Chairman Sobkoviak stated there is a sign in front of the house; since the neighbors were notified by certified mail they had the opportunity to a ttend the meeting if they had any objection. Commissioner Heinen asked for clarification with regard to the side yard setback. Mr. Garrigan stated typically you will see each have a 10 foot setback but th ere shall be a minimum side yard setback of 7 feet and the total of both side yards shall equal at least 20 feet. Chairman Sobkoviak asked if the Fi re Department had reviewed this . Mr. Garrigan stated the Fire Department received notification. Mr. Garrigan st ated he had not heard any negative comments with regard to this variance. Chairman Sobkoviak indicated he drove through the Harvest Glen neighborhood and saw that 1/4 to 1/3 of the homes have 3 car garages. Commissioner Heinen asked the reason for the 3 car ga rage. Mr. Burchfield said in the summertime they have 2 cars in the driveway and will soon have a nother son driving and they need the extra space. Commissioner Renzi asked about the location of the proposed addition. Mr. Burchfield indicated the garage would only go from the front to the fireplace. Commissioner Seggebruch asked if there was a family room behind the existing garage. Chairman Sobkoviak indicated he drove by the propert y today and the front of the garage probably lined up with the porch on the house to the right. Mr. Garri gan indicated the front yard setback has been met. Commissioner Renzi described his determination of the findings of fact. Commissioner Kiefer asked if there was a Homeowners Association. Mr . Burchfield stated he has spoken with the HOA and was told to proceed with getting the variance; HOA would require a plan prior to construction. Plan Commission Minutes January 3, 2012 Page 3 of 3 Commissioner Heinen asked if the Village had receive d many requests for relief from the setbacks. Mr. Garrigan stated no. Commissioner Heinen was concerned with setting a precedent. Chairman Sobkoviak stated usually a variance is for a detached garage. Commissioner Seggebruch felt the applicant should have brought a letter from his neighbor; felt this would prevent the neighbor from ever adding onto that side of their house; concerned with the fact that there was nothing specifically unique about this request. Commissioner O’Rourke stated he spoke with the neighbor and she had no objection to the addition; asked if the there would be any problem with the addition going over the 10 feet and concerned with the height. Mr. Burchfield thought it was straight and presented a picture showing a similar structure. Discussion was held regarding the setb acks and how these are determined. Commissioner Renzi agreed it would be better to have a letter from the adjacent property owner; suggested a fourth stipulation that the HOA has reviewed the addition. Commissioner O’Rourke indicated he would support the fourth stipulation a nd suggested the stipulation be contingent upon review by the Homeowners Association and getting a letter from the HOA. Commissioner O’Rourke made a motion that th e Zoning Board of Appeals make a favorable recommendation of the proposed variance for an encr oachment into the side yard for the property commonly known as 24903 W Madison Street subject to the following stipulations: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. 3. That the materials and design of the garage match the existing structure located at 24903 W. Madison Street. and  the  added  stipulation  that  the  variance  be  contingent  upon  review  by  the  Homeowners  Association  and  getting  a  letter  from  the  HOA.  Seconded by Commissioner Heinen. Vote by roll call: Fulco, yes; Seggebruch, no; Re nzi, yes; Kiefer, no; Heinen, yes; O’Rourke, yes; Sobkoviak, yes; Motion carried 5-2 Adjourned at 7:30 p.m. Respectfully submitted by _________________________ Merrilee Trotz Recording Secretary