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HomeMy Public PortalAbout11-16-21 ZBA Minutes Zoning Board of Appeals Record of Minutes Date: November 16, 2021 Location: Village Hall CALL TO ORDER, PLEDGE & ROLL CALL Chairman Kiefer called the Zoning Board of Appeals meeting to order at 7:00 p.m. and led the Pledge. ROLL CALL: Commissioners Heinen, Minnis, Seggebruch, Renzi, Womack, and Chairman Kiefer were present. OTHERS PRESENT: Jonathan Proulx, Director of Planning; and Yuchen Ding, Associate Planner. Commissioner Seggebruch has arrived. APPROVAL OF MINUTES The Minutes of the Zoning Board of Appeals meeting held on July 20, 2021 were approved as presented. Commissioner Renzi has arrived. PUBLIC COMMENTS No Public Comments. DEVELOPMENT REPORT Mr. Proulx provided an update of the following: House of Harvest, Multitenant Building on RT 59, and Hidden River Resubdivision. OLD BUSINESS No Old Business. NEW BUSINESS 1950-102521.VAR 23921 W. LOCKPORT ST. LARRY PAPI Commissioner Renzi made a motion to open a Public Hearing regarding a proposed variance request for the property located at 23921 W. Lockport St., in the Village of Plainfield. Second by Commissioner Heinen. Voice Vote. All in favor. 0 opposed. Motion carried 6-0. Mr. Ding stated the applicant is seeking a variance to allow an encroachment up to the property line within the interior side yard setback of their property at 23921 W. Lockport Street, in order to install an eleven- foot (11’) driveway and construct a carport structure attached to the south elevation of the house over the driveway in the future. The requested setback encroachment is subject to review by the Zoning Board of Appeals and the future carport structure proposal shall be reviewed by the Historic Preservation Commission to ensure architectural integrity as the subject property is a historic landmark which was designated in December 2009, known as the Darr-Gaylord Residence. Mr. Ding reviewed the staff report dated November 16, 2021. Mr. Ding concluded staff deems that the requested an encroachment up to the property line within the interior side yard for a driveway and a carport is reasonable to guarantee the safety and full enjoyment of the property due to a number of challenges discussed in the report. In advance of public hearing and discussion from the Zoning Board of Appeals, staff recommends approval. Zoning Board of Appeals Minutes November 16, 2021 Page 2 of 3 Chairman Kiefer swore in Larry Papi, applicant. Mr. Papi explained he is requesting the variance due to the damage that has been done to his car because it is parked on the street. Chairman Kiefer asked for public comments and there was no response. Commissioner Heinen asked for clarification if the driveway will be on Dillman St. Mr. Papi explained the location of the driveway. Commissioner Heinen asked if this would conform with what is already in the downtown. Mr. Proulx confirmed it would conform with what is already existing in the downtown area. Commissioner Heinen stated he is in favor of the variance. Commissioner Minnis asked the applicant to explain how the Village is involved in the dedicated on-street parking. Mr. Papi explained the on-street parking was grandfathered when he purchased the home and he will be relinquishing the parking spaces back to the Village upon completion of the driveway. Commissioner Minnis asked what material will be used for the driveway. Mr. Papi stated whatever is required by the Village, probably asphalt. Commissioner Minnis asked how they will park two cars under the carport. Mr. Papi stated they will be single file. Commissioner Minnis cautioned the applicant to double check the lot line since there is conflicting information on the drawing and plat. Commissioner Minnis asked the applicant if he has spoken to the property owner to the south. Mr. Papi stated he has spoken to the owner and will ensure to not encroach. Commissioner Minnis suggested he leave space between the sidewalk and driveway to his front door. Commissioner Minnis stated he is in favor of the variance. Commissioner Renzi asked when the applicant will be presenting to the Historic Preservation Commission (HPC). Mr. Papi stated he met with the Chairman Bortel and Commissioner Hendricksen to discuss the drawings of the carport. Mr. Ding stated at this time the applicant does not need to present to the HPC since the variance would need to come first before the carport can be approved by the HPC. Commissioner Renzi stated the first finding is to protect the area which would require HPC input since it is a historical area. Mr. Ding stated the variance is for the encroachment of the driveway and potential carport and he felt the encroachment would not affect the area. Commissioner Renzi asked if the commission is not focusing on the carport and just if the driveway is consistent with the neighborhood. Mr. Ding confirmed. Commissioner Renzi asked staff to explain the measurements in the finding of facts in the staff report. Mr. Ding explained how the measurements were calculated because the property is in the R-1 Overlay. Commissioner Renzi asked due to Mr. Ding’s explanation should there be a request for two variances: one allowing the 7 feet encroachment and second allowing the driveway being the encroachment. Mr. Ding stated the motion is written to reflect both variances. Commissioner Renzi asked the staff about “reasonable use” in the finding of facts since the applicant has owned the house for a while could the “reasonable use” be because the intersection is busier, there has been several instances of damage to his cars and dedicated on-street parking is not protecting the cars. Mr. Ding Confirmed. Commissioner Renzi stated he can support the motion. Commissioner Seggebruch asked the applicant if they would only do the driveway and not do the carport if the measurements do not work. Mr. Papi confirmed. Commissioner Seggebruch asked if this was a larger lot at one time. Mr. Papi stated yes, this lot was subdivided. Mr. Papi stated the driveway would not be able to be on Lockport St. Commissioner Seggebruch suggested a retractable awning if the carport does not work. Mr. Papi was hoping for something more permanent and will double check all the measurements. Commissioner Womack asked if the neighbor has any objections. Mr. Papi stated they have no objections. Commissioner Womack asked if the neighbors fence goes to the sidewalk. Mr. Papi explained the location of the fence. Commissioner Womack asked if the neighbor is concerned with the water run off on their property. Mr. Papi stated no. Commissioner Womack stated that it is worth noting that foundations need to be dug below the frostline and suggested he coordinates that with his neighbor as well. Commissioner Zoning Board of Appeals Minutes November 16, 2021 Page 3 of 3 Womack asked about the seventeen and half curb cut, is it so he can have two cars side by side in front of the house. Mr. Papi indicated that was the idea, but he does not feel the area is big enough unless he moves the steps and replaces the railing on the porch. Commissioner Womack suggested he reduces the curb cut to be more consistent with the neighborhood. Commissioner Minnis made a motion to close the Public Hearing for the proposed variance request for the property located at 23921 W. Lockport St., in the Village of Plainfield. Second by Commissioner Seggebruch. Voice Vote. All in favor. 0 opposed. Motion carried 6-0. Commissioner Renzi does not understand why the variance is only up to five feet into the interior side yard. Mr. Ding explained why staff proposed the encroachment up to the line to avoid confusion and the goal is to let the applicant build the driveway up to the lot line. Commissioner Womack made a motion to 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 an encroachment up to the property line within the interior side yard to allow for a driveway and a carport on the property located at 23921 W. Lockport Street. Second by Commissioner Renzi. Vote by roll call: Heinen, yes; Minnis, yes; Seggebruch, yes; Renzi, yes; Womack, yes; and Kiefer, yes. Motion carried 6-0. DISCUSSION Commissioner Renzi asked if the carport would return to the ZBA/Plan Commission in the future after the HPC. Mr. Proulx stated the ZBA is only reviewing the encroachment, unless the ZBA would like other wise. ADJOURN Zoning Board of Appeals meeting adjourned at 7:50 p.m. Respectfully submitted by Tracey Erickson Recording Secretary