City of Highland Park Zoning Board of Appeals met Jan. 5.
Here are the minutes provided by the board:
I. CALL TO ORDER
At 7:30PM, Chair Cullather called the meeting to order and asked Planner Fawell to call the roll.
Planner Fawell called the roll:
Members Present: Treshansky, Beck, Yablon, Hendrick, Bay, Cullather
Members Absent: Zaransky
Staff Present: Fawell
Student Rep: Bach
Council Liaison: Tapia
Corporate Counsel: None
Minutes Taker: Boton
Chair Cullather announced that Pam Peterson, previous minute taker, had passed away and suggested a moment of silence in her honor.
II. APPROVAL OF MINUTES
December 1, 2022
Chair Cullather entertained a motion to approve the minutes of the December 1, 2022 meeting. Member Hendrick so motioned, seconded by Member Yablon.
Planner Fawell called the roll:
Ayes: Treshansky, Beck, Yablon, Hendrick, Bay, Cullather
Nays: none
Motion passed 6-0
Chair Cullather then introduced and welcomed new Member Treshansky.
III. PUBLICATION DATE FOR NEW BUSINESS: 12/21/2022
IV. BUSINESS FROM THE PUBLIC
V. OLD BUSINESS - none
VI. NEW BUSINESS
a) 2022-VAR-031
Property: 880 Great Elm Lane, Highland Park, IL 60035
Zoning District: R5
Appellant: Alex & Hillary Behar
Address: 880 Great Elm Lane, Highland Park, IL 60035
The petitioners and property owners, Alex & Hillary Behar of 880 Great Elm Lane, Highland Park, IL, 60035, request by authority of Sections 150.1204(A)(1) and 150.1204(A)(13), of the Highland Park Zoning Code, a variation of provisions of Sections 150.703 and 150.903, as required under the R5 zoning district, to (i) encroach 5 feet with the 9-ft minimum required side yard measured from the north property line; (ii) encroach 11 feet with the 39.5-ft remaining required side yard measured from the south and southeast property lines; (iii) exceed the maximum allowable height of 32-ft for a principal structure by 9 feet; and (iv) exceed the maximum allowable height of 18-ft for an accessory structure by 4 feet, in order to construct additions onto the home and a cabana.
Planner Fawell gave a very detailed presentation for the above item including site location, project background, property history, aerial view images, product survey, and elevation diagrams. Property is much larger than neighboring lots, and building, built in 1911, is not meeting current codes. Also, the property grades in the back are substantial.
Planner Fawell indicated that the two Interested Party Forms and public comment requesting the case be continued have since been withdrawn by the attorney Anthony Licata. Planner Fawell also stated there was an additional written comment submitted by the neighbor living at 820 Great Elm Lane regarding property upkeep during construction.
Member Bay suggested that if a structure were to be built on this property today, it would be very small in area and height using today’s building parameters.
Discussion ensued about whether this case had been brought before the City Council previously. Planner Fawell explained that request is known as a Compere Referral, which means it goes first to the City Council. The City Council voted at their November 28th meeting that the ZBA will have final decision regarding this case.
Councilmember Tapia explained how this protocol came to be and how it should affect outcome.
Member Hendrick asked about the grade issue – why and how is the grade calculated and why is this a particular problem for this property.
Planner Fawell stated that this is a unique property issue and other municipalities may calculate grade differently.
Chair Cullather asked if the applicants wished to speak and they answered yes.
Hillary Behar, 880 Great Elm Lane, Highland Park, IL, 60035.
Have been renovating this home for 4 years. Didn’t realize when they bought the home how the fact that it was built in 1911 would impact (negatively) what they would be able to do as far as remodeling and making the home that they wanted. They made the decision to keep the historic house instead of knocking down and building a new house.
Dr. Alex Behar, 880 Great Elm Lane, Highland Park, IL, 60035 then spoke. Didn’t realize how difficult it would be with borders and slopes, etc.
Member Bay mentioned that the Board had been notified that a neighbor had hired a lawyer in order to get a continuance on this proceeding. Hillary Behar explained that neighbor and lawyer had discussions with the Behars and their architect and have since been withdrawn.
Member Hendrick stated he felt the standards were met for the height variation requests, but questioned the breezeway and how it is meeting those standards and is it not simply a request for convenience. Hillary Behar explained they found alternate designs to be costly and would require them to walk outside. Additionally, the basement space is unusable for the family as it is very low in height. Going underground and adding the breezeway allows a space with higher height. Kerry Frank, architect from Wheeler Kerns Architecture firm he is project architect on property, provided additional background on the reasoning from the breezeway. He stated the uniqueness of the property having an existing setback due to the property’s boundaries they had designed it this way to make it flow with the existing setbacks.
Member Hendrick stated he is struggling with the south side yard encroachment and asked why they couldn’t just make it smaller to avoid the zoning difficulties.
Mr. Frank explained that it actually would look much more visually appealing for neighbors as opposed to the connection between the existing home and proposed addition looking like a nub. They had attempted to design the breezeway and additions to keep the property’s historic façade.
Chair Cullather asked if there were any further questions.
Planner II Fawell reminded the Board of the submitted comment regarding property upkeep by adjacent property owner, Miles Zaremski.
Public Comment: Philip Bach, 770 Great Elm Lane, Highland Park, IL, 60035. Spoke in favor of the project, as a neighbor. Explained the history of the street and the house and that it is truly unique and that the Behars should be allowed to do the additions they would like to. Mr. Bach mentioned that the vacant adjacent lot is owned by the Behars.
Chair Cullather asked if there were any further questions. There were not.
Member Beck said that height seemed fine, said he is mostly in favor. Member Beck stated that he didn’t think the proposed condition for property upkeep requested in the written comment submitted by the neighbor at 820 Great Elm Lane was not within the Board’s purview.
Member Hendrick agreed with Member Beck. Hendrick agreed the aesthetics is an important factor, and is the home’s existing nonconformity. He stated the height seems to be a more easy to understand the request, but that the side yard encroachment request is a little more difficult; however, the explanation behind the aesthetics help to explain their reasoning. Member Hendrick complimented the public comment submitted by Mr. Bach.
Member Yablon agreed as well. Appreciated how much they were trying to stay within the lines as much as possible. Member Yablon agrees she believes the south side yard encroachment is more problematic, but that aesthetics are an important factor in this specific situation, so she is okay with it. Member Yablon is in favor.
Member Treshansky agreed, believes the standards are met, and is in favor of project.
Vice Chair Bay is in favor of all of the requests and believes all of the standard have been met.
Chair Cullather agreed and is in favor. Also commended Planner Fawell on her presentation and on her diagrams specifically related to the height, as helping to explain the circumstances of this issue, and how the proposed sports court is much lower than the rest of the house.
Chair Cullather entertained a motion.
Vice Chair Bay moved to approve, and Member Beck seconded the motion to adopt the approval order as presented.
Ayes: Treshansky, Beck, Yablon, Hendrick, Bay, Cullather
Nays: none
Motion passed 6-0
b) #2022-VAR-034
Property: 560 Lyman Court
Zoning District: R5
Appellant: Andrew Nguyen & Yen Tai
Address: 560 Lyman Court, Highland Park, IL 60035
The petitioners and property owners Andrew Nguyen & Yen Tai of 560 Lyman Court, Highland Park, IL, 60035, request by authority of Section 150.1204(A)(1), of the Highland Park Zoning Code, a variation of provisions of Section 150.703, as required under the R5 zoning district, to (i) encroach 3 feet within the 22-ft required rear yard measured from the west property line; in order to perform an interior remodel and new roof framing of an existing remodel.
Planner Fawell presented with diagrams, aerial views, and images of property. She explained that although this project is primarily an interior remodel, which typically wouldn’t warrant an appearance before the ZBA, but the house is existing non conforming and since the roof will be raised, that is why this case is being presented to the zoning board. Home was constructed in 1940. Addition was added @1970-1980. Standard interior lot – footprint will not change. Property nonconforming at this time (built in 1940) with lot lines. Showed diagrams showing that they want to take the flat roof and replace it with a peaked roof of approx. 17 feet while redesigning the interior of the space.
Planner Fawell stated that two written comments were received from 1) Alison Yastrow, 561 Groveland Avenue, Highland Park, IL, 60035, and 2) Dan and Amy Kaufman, 570 Lyman Court, Highland Park, IL, 60035. Both support project.
Vice Chair Bay wanted to clarify that they were extending the building footprint more into the rear yard.
Planner Fawell explained that there will be no further encroachment of the structure beyond where it is now, that the height of the structure is encroaching. Since the structure encroaches into the required rear yard, enlargement of a nonconforming structure necessitates approval of a variation. And this was added to increase ceiling height.
Chair Cullather asked if the applicant would like to speak.
Beth DeBaker, Baker Design Group, 7927 Lincoln Avenue, Skokie, IL. Beth DeBaker is the architect working on the project for the property owners and applicants.
Ms. Baker explained that the ceiling height in the current addition is 7’9” and roof does need to be replaced. Changes in the roof line will improve the aesthetic and have it blend in with the rest of the home.
Chair Cullather asked if anyone would else would like to testify in regards to this case. There was no one.
Chair Cullather asks his colleagues to provide their feedback.
Member Yablon stated that all standards have met and she is in favor of project. Member Yablon stated this is one of those situations that explains why the Zoning Board is in place.
Member Beck agreed and stated he has no problem with project as it is an existing nonconformity.
Member Hendrick agreed all standards of approval had been met and addressed directly in the packet and agrees.
Member Treshansky is in agreement with fellow members and believes the request is straightforward.
Vice Chair Bay stated the standards have been met and he is in favor of the variation request.
Chair Cullather is in agreement with fellow members.
Chair Cullather asked student representative, Jeremy Bach, on his opinions of the case. Jeremy Bach stated he agrees with the Board Members and believes the standards have been met.
Chair Cullather entertains a motion.
Member Hendrick makes a motion to adopt the variation as written in the packet Seconded by Member Yablon.
Ayes: Treshansky, Beck, Yablon, Hendrick, Bay, Cullather
Nays: none
Motion passed 6-0
VII. STAFF REPORT:
Planner Fawell stated that the next meeting is January 19, 2023 and there is one case on the agenda.
VIII. MISCELLANEOUS:
Chair Cullather asked Councilmember Tapia about the new ZBA alternate council liaison. Councilmember Tapia explained the alternate will act as back up if he can’t make a meeting.
Planner Fawell confirmed that she had received all members’ ethic forms.
IX. ADJOURNMENT:
Chair Cullather entertained a motion to adjourn. Vice Chair Bay so motioned, seconded by Member Beck.
The Zoning Board of Appeals adjourned at 8:24PM.
http://highlandparkil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2792&Inline=True
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