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Home My Public Portal About05-15-2018 ZBA Agenda PacketZoning Board of Appeals Tuesday, May 15, 2018 7:00 PM Village Boardroom 24401 W. Lockport Street Plainfield, IL 60544 Agenda CALL TO ORDER PLEDGE TO THE FLAG ROLL CALL APPROVAL OF MINUTES PUBLIC COMMENTS DEVELOPMENT REPORT OLD BUSINESS NEW BUSINESS CASE No.: 1788-041618.VAR REQUEST: Variance (Public Hearing) LOCATION: 14632 S. Colonial Parkway APPLICANT: Tracy Thurston 14632 S. Colonial Parkway Staff Report and Graphics.pdf CASE No.: 1789-042418.VAR REQUEST: Variance (Public Hearing) LOCATION: 14535 S. Colonial Parkway APPLICANT: Anthony Fremarek 14535 S. Colonial Parkway Staff Report and Graphics.pdf DISCUSSION REMINDERS - May 21, 2018 - Next Village Board Meeting at 7:00 p.m. 1 Zoning Board of Appeals Page - 2 June 5, 2018 - Next Plan Commission Meeting at 7:00 p.m. ADJOURN 2 Agenda Item No: Zoning Board of Appeals Agenda Item Report Meeting Date: May 15, 2018 Submitted by: Tracey Erickson Submitting Department: Planning Department Item Type: Variance Agenda Section: NEW BUSINESS Subject: CASE No.: 1788-041618.VAR REQUEST: Variance (Public Hearing) LOCATION: 14632 S. Colonial Parkway APPLICANT: Tracy Thurston Suggested Action: Attachments: 14632 S. Colonial Parkway Staff Report and Graphics.pdf 3 TO: FROM: DATE: REGARDING: REQUEST: APPLICANT: LOCATION: ZONING: COMP.PLAN: DISCUSSION ZONING BOARD OF APPEALS ¥-� KENDRA KUEHLEM, ASSOCIATE PLANNER MAY 9, 2018 REPORT TO THE ZONING BOARD OF APPEALS 14632 S. COLONIAL PARKWAY CASE#: 1788-041618.V AR Variance (Public Hearing) Tracy Thurston 14632 S. Colonial Parkway R-1 Low Density Single-Family Residential District Medium Density Residential Michael P Collins PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Bill Lamb Cally Larson Larry D. Newton Edward O'Rourke Brian Wojowski The applicant is seeking a variance to allow a fence in the corner side yard of their property. The fence will be a six-foot traditional vinyl fence. The applicant is requesting an encroachment into the corner side yard of approximately 19 feet. Existing Conditions/Site Context The subject property is a 15,228 square-foot lot located on the corner of South Colonial Parkway, and the West Bicentennial Court cul-de-sac. It is lot 259 of the Liberty Grove subdivision. The two-story, single-family home has a concrete patio in the backyard off of the back door. The adjacent land uses, zoning, and street classifications are as follows: East: Single-family detached residential (R-1); S. Colonial Parkway (Local) West: Single-family detached residential (R-1) South: Single-family detached residential (R-1); W. Bicentennial Court (Local) North: Single-family detached residential (R-1) ANALYSIS The applicant is requesting to build a six-foot traditional vinyl fence enclosing the rear yard of the subject property. The applicant is seeking a variance to allow an encroachment of 19 feet into 24401 W. Lockport Street Plainfield, IL 60544 Phone (815) 436-7093 Fax (815) 436-1950 Web www.plainfield-il.org 4 REPORT TO THE ZONING BOARD OF APPEALS Page #2 of 3 1788-041618.VAR 3/9/2018 14632 COLONIAL PARKWAY- FENCE VARIANCE the side yard. Currently, the Zoning Ordinance requires that all corner side yard fences meet the building setback, and follow the curvature of the parallel street. The attached graphic shows the location of a fence permissible by the Village Code (black), and the location of the fence that the applicants are proposing (blue). The permissible fence location would run straight through the applicant’s existing concrete patio. If the variance is granted, the proposed fence would start at the south rear corner of the house, run south west clear of the patio to the rear property line, and meet the adjacent neighbors fence to the southwest. Currently, the Village’s Zoning Ordinance prohibits fences from being located in a corner side yard. The applicant is requesting a variance for relief of this zoning regulation to allow them to encroach in the corner side yard setback of approximately 19 feet. Having a fence is of extreme importance to the applicant, and the health and safety of the applicant’s family members. Staff observes that West Bicentennial Court is a curved street creating a cul-de-sac along the applicant’s corner side yard, thus reducing the buildable area in the rear yard, and creating a hardship for the owner. In addition, the allowable location of a fence for this property, per code, would run through an existing concrete patio in the rear yard. In accordance with Section 9-33 of the Village’s Zoning Ordinance, the Zoning Board of Appeals shall not recommend approval of, nor shall the Village Board grant a variance from the regulations of the Zoning Ordinance unless it makes the following findings based on the evidence presented. The petitioner is seeking relief from Section 9-86 of the Zoning Ordinance, which prohibits fences from being placed in a corner side yard. The findings are as follows: a) The variance is in harmony with the general purpose and intent of this Zoning Ordinance; As set forth in Section 9-4 of the Zoning Ordinance, the Ordinance is adopted for a number of reasons, including the purpose of protecting the public health, safety and general welfare of the Village; maintaining and promoting orderly land use patterns; protecting the quality of life for Village residents; protecting the character of existing residential neighborhoods; and implementing the Village’s policies and goals, to include those of the Comprehensive Plan. Staff submits that a 19-foot encroachment of a vinyl fence into a corner side yard is consistent with the purpose and intent of the Zoning Ordinance. While orderly land use patterns are not promoted by allowing some corner side yard fences, this encroachment does not hinder the overall character of the neighborhood, nor diminish quality of life of Village residents. Additionally, permitting the side yard encroachment protects and furthers the safety, welfare, and quality of life of subject property residents, by allowing them to utilize the rear yard more fully and independently, and reducing safety risks. b) The plight of the owner is due to unique circumstances and thus strict enforcement of the zoning ordinance would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district; 5 REPORT TO THE ZONING BOARD OF APPEALS Page #3 of 3 1788-041618.VAR 3/9/2018 14632 COLONIAL PARKWAY- FENCE VARIANCE Staff finds that the physical characteristics of this property present a unique hardship due to the curvature of West Bicentennial Court, that runs along the corner side yard of the property, reducing the buildable area in the rear yard of the property. These hardships are not generally found in other residential areas, or Liberty Grove lots. Furthermore, the applicant has demonstrated an additional unique situation in that a disabled family member cannot currently be safe outside alone. Granting this variance would allow safety for the applicant’s family member, and allow for full enjoyment of their property. c) The property cannot yield a reasonable use if permitted only under the conditions allowed by the Zoning Ordinance; and Staff believes that the curve of West Bicentennial Court that runs along the side yard of the applicant’s property, creates an unusual circumstance that impacts the applicant and the use they have of their property. While the property could still yield a reasonable use if permitted only under the conditions allowed by the Zoning Ordinance, the area is certainly lessened in comparison to other corner lots in the Village due to the curve of the street. d) The variance, if granted, will not alter the essential character of the locality and will not be a substantial detriment to adjacent property. Staff believes that granting a variance in this case would not alter the essential character of this neighborhood and would not be a detriment to adjacent property. Staff finds that the proposed fence will be constructed of quality materials and will feature a design that is warm and open while protecting the safety of residents, furthering quality of life, and adding to the value of the property and the character of the neighborhood. RECOMMENDATION Based on the foregoing analysis, prior to public hearing and discussion from the Zoning Board of Appeals, staff recommends approval. Should the Zoning Board of Appeals concur, the following motion is offered for your consideration: I move we adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals and recommend approval of a variance to permit a fence up to 19 feet into the corner side yard for the property located at 14632 S. Colonial Parkway. 6 Subject Property 7 Property Line Fence allowed per code Proposed fence Legend 14632 S. Colonial Parkway- Fence Variance 9’ 5 ”13’ 1 9 ’32’ 4’ 5 ” 8 Landscaping on south corner of the house. 9 Agenda Item No: Zoning Board of Appeals Agenda Item Report Meeting Date: May 15, 2018 Submitted by: Tracey Erickson Submitting Department: Planning Department Item Type: Variance Agenda Section: NEW BUSINESS Subject: CASE No.: 1789-042418.VAR REQUEST: Variance (Public Hearing) LOCATION: 14535 S. Colonial Parkway APPLICANT: Anthony Fremarek Suggested Action: Attachments: 14535 S. 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