Village of Libertyville Zoning Board of Appeals met April 10.
Here is the minutes provided by the Board:
Members present: Chairman William Cotey, Amy Flores, Matthew Krummick, Mark Moore, Walter Oakley, Kurt Schultz, and David Semmelman.
Members absent: None.
A quorum was established.
Village Staff present: John Spoden, Director of Community Development; David Smith, Senior Planner; and Fred Chung, Senior Project Engineer.
Others present: James Woods, P.E., PTOE, Civiltech Engineering Inc.
Board Member Moore moved, seconded by Board Member Schultz, to approve the February 27, 2017, Zoning Board of Appeals meeting minutes.
Motion carried 7 - 0.
Board Member Schultz moved, seconded by Board Member Moore, to approve the March 13, 2017, Zoning Board of Appeals meeting minutes.
Motion carried 7 - 0.
Old Business:
ZBA 17-01 Stacey Peterson, Applicant 330 and 332 Brainerd Avenue
Request is for a variation to Zoning Code Section 14-4.1 to reduce the minimum required lot width for a nonconforming lot of record from 75% of the lot width required in an R-7 District to not less than 16% (10 feet wide) of the lot width required in an R-7 District order to construct a single family attached development in an R-7, Single Family Attached Residential District.
ZBA 17-02 Stacey Peterson, Applicant 330 and 332 Brainerd Avenue
Request is for a variation to reduce the minimum required lot area from 10,800 square feet to approximately 10,454 square feet in order to construct a three dwelling unit single family attached residential structure in an R-7, Single Family Attached Residential District.
ZBA 17-03 Stacey Peterson, Applicant 330 and 332 Brainerd Avenue
Request is for a variation to change the garage door orientation for single family attached dwellings for property in an R-7, Single Family Attached Residential District.
The applicant requested that these items be continued to the June 12, 2017, Zoning Board of Appeals meeting.
In the matters of ZBA 17-01, ZBA 17-02, and ZBA 17-03, Board Member Schultz moved, seconded by Board Member Semmelman, to continue these items to the June 12, 2017, Zoning Board of Appeals meeting.
Motion carried 7 - 0.
Ayes: Cotey, Flores, Krummick, Moore, Oakley, Schultz, Semmelman
Nays: None
Absent: None
ZBA 17-10 DB Developments Inc. Applicant 774 Meadow Lane
Request is for a variation to reduce the minimum required corner side yard setback from 30 feet to approximately 20 feet in order to construct a single family house in an R-6, Single Family Residential District.
Mr. David Smith, Senior Planner, introduced the petitioner’s request to the Zoning Board of Appeals. He stated that the petitioner was before them at their March 20, 2017, meeting requesting to reduce the minimum required corner side yard setback in order to construct a new single family detached home in an R-6, Single Family Residential District located at 774 Meadow Lane. He stated that the subject lot is located at the northwest corner of Meadow Lane and Seventh Avenue and that the corner side yard is adjacent to the Seventh Avenue street frontage.
Mr. Smith stated that during the course of the March 20, 2017 meeting, the Zoning Board of Appeals heard testimony and deliberated the issues. He stated that the Zoning Board of Appeals made a motion to continue the matter to the April 10, 2017 Zoning Board of Appeals meeting agenda in order to provide the petitioner the opportunity to revise their plans in response to the comments provided by the members of the Zoning Board of Appeals.
Mr. Smith stated that no new revisions to the plans have been submitted as it is understood by Staff that the petitioner will seek a recommendation from the Zoning Board of Appeals regarding the current plans submitted on file. He stated that the petitioner has provided a revised written narrative.
Mr. Sam Valadez, DB Development and petitioner, stated that the unique physical condition on the property is the 28” Norway Maple tree. He stated that the Village wants him to save the tree and this is why they are seeking the reduction in the corner side yard setback from 30 feet to 20 feet.
Mr. Neal Gerdes, architect for the petitioner, stated that their only two choices are to either remove the tree or request the variation. He stated that a detached garage is not acceptable to the future homeowner.
Board Member Oakley asked if the petitioner is adhering to the appropriate tree preservation procedures. Mr. Valadez stated that they will follow proper tree preservation procedures and that he understands that Village Staff is recommending that approval for the setback variation be conditioned that the Norway Maple be preserved.
Board Member Moore asked Staff what type of tree preservation ordinance is in place at this point and time. Mr. John Spoden, Director of Community Development, stated that within the Tree Preservation ordinance there is a requirement for either a replacement for certain trees removed in a residential lot or a fee in lieu of replacement depending upon the size of the tree.
Board Member Schultz stated that other homes of similar size have been able to fit without a variation. He stated that he agrees that the tree should be preserved. He stated that many of the lots within the area of the subject site are 50 feet in width and the applicant’s lot is 70 feet in width. He stated that the applicant has options that would not require the setback variation. He stated that the applicant has failed to demonstrate that there is a hardship to justify the variation.
Mr. Valadez stated that they have looked at other options. He stated that without the variation they would be forcing the homeowner to build a much smaller house or to detach the garage. He stated that they have tried to alternate plan configurations.
Board Member Schultz stated that the petitioner has a proclaimed or perceived need that is not valid.
Mr. Valadez stated that the subject lot was subject to an approved variation a few years ago and preserving the tree was their hardship to justify their variation.
Chairman Cotey asked the applicant if he agrees with the Staff comments listed in the DRC Staff report. He asked the petitioner if he would like for the Zoning Board of Appeals to go to a vote this evening. Mr. Valadez stated that he agrees with the Staff comments. He stated that he is ready for the Zoning Board of Appeals to go to a vote.
In the matter of ZBA 17-10, Board Member Oakley moved, seconded by Board Member Schultz, to recommend the Village Board of Trustees approve a variation to reduce the minimum required corner side yard setback from 30 feet to approximately 20 feet in order to construct a single family house in an R-6, Single Family Residential District, in accordance with the plans submitted and subject to the following condition: 1) Retain the existing 28” dbh Norway Maple tree on the property.
Motion carried 6 - 1.
Ayes: Cotey, Flores, Krummick, Moore, Oakley, Semmelman
Nays: Schultz Absent: None
New Business:
ZBA 17-11 Glen and Mary Ann Moss, Applicants 1265 Deer Trail Lane
Request is for a variation to increase the number of permitted garages from one (1) to two (2) for property in an R-2, Single Family Residential District.
Mr. David Smith, Senior Planner, introduced the petitioners’ variation request. He stated that the petitioners are requesting to increase the number of permitted garages from one (1) to two (2) for property in an R-2 ,Single Family Residential District located at 1265 Deer Trail Lane.
Mr. Smith stated that he currently has a single family home with an attached two car garage and is requesting approval to construct a second detached two-car garage approximately 576 square feet in floor area. Mr. Smith stated that the Zoning Code states that multiple garages are prohibited for any lot in a Single Family or Single Family Attached Residential District.
Mr. Smith stated that the proposed plans are compliant with both the maximum allowed building and lot coverage requirements.
Mr. Glen Moss, applicant, stated that the proposed detached garage will be located at the end of the driveway a few feet away from the house. He stated that the material proposed is similar to the existing material on the house. He stated that he will be removing one of his two sheds from the property. He stated that he will still have over 89% permeability on the property.
Board Member Schultz stated that the Village should consider amending the Zoning Code that will allow a second garage on larger lots.
Board Member Flores asked about the height of the proposed detached garage. Mr. Moss stated that it will match the height of the existing garage at less than 19 feet.
Board Member Oakley stated that he has some concern about the potential for noise that would come out of the applicants’ workshop.
Chairman Cotey asked for clarification as to which shed the applicant will remove. Mr. Moss stated that he is removing the shed that is 10’ x 10’.
Chairman Cotey asked the petitioner if he will agree to all of the Staff comments found in the DRC Staff report. Mr. Moss stated that he will agree to all comments.
Chairman Cotey asked the petitioner if he would like for the Zoning Board of Appeals to vote tonight. Mr. Moss stated that he would like for the Zoning Board of Appeals to render a positive recommendation to the Village Board.
In the matter of ZBA 17-11, Board Member Oakley moved, seconded by Board Member Schultz, to recommend the Village Board of Trustees approve a variation to increase the number of permitted garages from one (1) to two (2) for property in an R-2, Single Family Residential District, in accordance with the plans submitted.
Motion carried 7 - 0.
Ayes: Cotey, Flores, Krummick, Moore, Oakley, Schultz, Semmelman
Nays: None
Absent: None
Communications and Discussion: None.
Board Member Oakley moved, seconded by Board Member Schultz, to adjourn the Zoning Board of Appeals meeting.
Motion carried 7 - 0.
Meeting adjourned at 7:27 p.m.
http://www.libertyville.com/AgendaCenter/ViewFile/Minutes/_04102017-785
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