HomeMy Public PortalAbout2012-07-17 ZBA minutes VILLAGE OF PLAINFIELD ZONING BOARD OF APPEALS RECORD OF MINUTES DATE: July 17, 2012 Chairman Sobkoviak called the Zoning Board of Appea ls meeting to order at 7:00 p.m. ROLL CALL: Commissioners Seggebruch, O’Rourke, Kiefer, Heinen, and Chairman Sobkoviak were present. Commissioner Fulco was absent; Commissioner Renzi a rrived at 7:10 pm. Fire District was present. Park, School and Library Districts were absent. Also present were Michael Garrigan, Village Planner , Jonathon Proulx, Planner II, and Merrilee Trotz, Recording Secretary Approval of Minutes: The ZBA minutes from Februar y 21, 2012 was accepted as presented. Annual Report: Chairman Sobkoviak indicated the PC had reviewed about 35 cases this past year and thanked the Commissioners for their dedication. Commissioner Kiefer made a motion to forward the annual report of the Planning Commission and the Zo ning Board of Appeals to the Village Board. Commissioner O’Rourke seconded the motion. Vote by roll call: Seggebruch, yes; O’Rourke, yes; Kiefer, yes; Heinen, yes; Sobkoviak, yes. PUBLIC COMMENTS: Chairman Sobkoviak asked for publ ic comments on items that were not on the agenda. There was no response. DEVELOPMENT REPORT Mr. Garrigan indicated the Playa Vista ordinance wa s approved by the Village Board by a 5-1 vote at their July 16, 2012 meeting; the Village has retain ed the services of Civic Artworks which is a firm t hat concentrates in receiving or recruiting “Crowd Sour cing” as a way of public outreach to build a consen sus for the Route 59 corridor. OLD BUSINESS: None NEW BUSINESS: Case No. 1585-062612.V LOT 16 RIVER POINT ESTA TES Mr. Garrigan stated this is a public hearing for a variance being heard pursuant to public notice in accordance with state statute and all applicable vi llage ordinances. The applicant is seeking a rear yard variance from the required 30 feet to 21 feet to al low them to construct a 3,800 square foot house on a pie shaped lot located at 24834 Petit Court. The lot e ast of said parcel is currently vacant while there is a large home constructed on the lot to the west of sa id parcel. 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 July 17, 2012 Page 2 of 3 Mr. Garrigan reviewed the findings of fact further indicating a) Staff believes the size of the propos ed house will be in harmony with the adjacent parcels and will have no negative impact on the surrounding properties; b) the unique pie shaped lot required t he applicant to seek a rear yard variance in order to construct this house and all other homes in the sub division exceed 3,000 square feet; c) a reasonable use would be permitted without the variance, but the pr oposed size of this house is more consistent with t he harmony and character of the subdivision; d) the ex isting character of this subdivision which is made up of large custom homes will not be altered as a resu lt of this variance. Staff is suggesting a favorable recommendation. Chairman Sobkoviak swore in Ted Benson. Mr. Benson indicated they are merely trying to get enough living surface on the first floor. Chairman Sobkoviak swore in John Goeken, neighbor t o the north of this property. Mr. Goeken wanted to be assured this variance proposal did not encroa ch on his property. Chairman Sobkoviak asked Mr. Goeken if the property to the north was floodplain. Mr. Goeken stated they own the property from the river and the next two houses and indicated about 7 acres next to the river was floodplain. Chairman Sobkoviak explained the location of this property t o Mr. Goeken’s house which is east of this lot. M r. Garrigan presented an aerial picture showing Mr. Go eken’s property and Lot 16. Mr. Goeken was satisfied. Commissioner O’Rourke asked if Mr. Benson had been contacted by the adjacent property owners. Mr. Benson indicated he spoke with the property owner t o the west and their only concern was if the house was a spec home or if this would be a neighbor. Mr . Benson explained they plan to live in the house when they build. Commissioner O’Rourke questioned the 25 foot setbac k shown on the drawing; and questions the side yard setback to the west. Mr. Garrigan confirmed t he rear yard setback is 30 feet; explained there is 20 feet between structures and no relief is being soug ht for the side yard setback. Commissioner Heinen asked why the rear setback was shown as 25 feet. Mr. Garrigan verified they are seeking a 21 foot setback. Commissioner Heinen ask ed if there were other variances in the area. Both Mr. Garrigan and Chairman Sobkoviak did not recall any other variances. Commissioner Kiefer suggested this variance request could bring other r equests for similar variances. Commissioner Heinen asked if there was an opportuni ty to move the house to the south. Discussion was held regarding the house, porch and driveway. There were no other comments from the audience. Commissioner Renzi asked the purpose of the 30 foot setback. Mr. Garrigan indicated it is buffering a nd character. Commissioner Renzi reviewed the finding s of fact and felt a smaller home would fit on the pie shaped lot; was concerned other similar lots would ask for variances. Chairman Sobkoviak indicated th at ordinarily subdivisions are developed under a Plann ed Development and this issue would not come up. Commissioner O’Rourke made a motion for a favorable recommendation of the proposed variance for the proposed rear yard setback of 21 feet subject to th e following stipulations: 1. Compliance with the requirements of the Village Engineer.
Plan Commission Minutes July 17, 2012 Page 3 of 3 2. Compliance with the requirements of the Plainfi eld Fire Protection District. Commissioner Kiefer seconded the motion. Commissioner Seggebruch was opposed to the request for variance as residential elevators are available . Mr. Benson explained they have an elevator in their current home and he has not been on the second flo or for over 2 years. Commissioner Renzi agreed with Commissioner Seggebr uch; felt an affirmative vote would open the door for basically anyone else building in this sub division with a similar argument. Discussion was h eld regarding the possibility of this setting a precede nt. Vote by roll call: Heinen, yes; Renzi, yes; Seggeb ruch, no; Kiefer, yes; O’Rourke, yes; Sobkoviak, ye s. Motion carried 5-1. Adjourned at 7:40 p.m. Respectfully submitted by _________________________ Merrilee Trotz Recording Secretary