City of Highland Park Zoning Board of Appeals met April 20
Here are the minutes provided by the board:
CALL TO ORDER
At 7:30 p.m., Chairperson Cullather called the meeting to order. This Commission meeting takes place on 12 site. Staff was asked to call the roll.
ROLL CALL
Commissioners Present: Chairperson Cullather; Commissioners Bay, Beck, Hendrick, Treshansky, Yablon, & Zaransky
Councilmember Present: Tapia
Student Council Present: Risko-Juarez
Student Council Absent: Bach
Staff declared that a quorum was present.
Guests Present: Cal Bernstein, Attorney/Samuels & Bernstein
Nate Kipnis, Architect/Kipnis Architecture
Jan Anne Dubin/Resident
Todd Rosenthal/Resident
Peter Henseler, Project Designer & Manager/Thomas Architects
Robin Brown/Resident
Staff Present: Burhop
APPROVAL OF MINUTES
There were no Minutes to approve.
PUBLICATION DATE FOR NEW BUSINESS
The Publication Date for New business was April 5, 2023.
BUSINESS FROM THE PUBLIC
There was no Business from the Public.
Chairperson Cullather mentioned and Senior Planner Burhop stated there were notices that went out for this date with the address of 1248 Glencoe Avenue. He expressed that anyone here for that agenda item, it would not be discussed at this evening’s meeting as it was resolved by City Council on April 10, 2023, and not referred to the ZBA. Please direct any questions to Senior Planner Burhop.
OLD BUSINESS
There was no Old Business.
NEW BUSINESS
1. #2023-VAR-005
Property: 239 Park Avenue
Zoning District: R5
Appellant: Jan Anne Dubin
Address: 239 Park Avenue, Highland Park, IL 60035
The petitioner Jan Anne Dubin of 239 Park Avenue, Highland Park, IL 60035 on-behalf-of the property owner Waxing Moon Jupie Descendant Trust, of the same address, requests by authority of Section 150.1204(A)(1), of the Highland Park Zoning Code, variations of provisions of Section 150.703, to (i) encroach 4.9 feet within the required nine feet side yard along the north property line and (ii) to encroach 14 feet within the required 40 feet front yard along the east property line, in order to construct a garage.
Senior Planner Burhop explained the proposal for an attached garage:
• Site location (4 homes in subdivision)
• Project background
• Applicant is Waxing Moon Jupie Descendant Trust
• Built in 1954; Mid-Century Modern
• Aerial view was shown on this corner lot with two front yards
• Site plan
o Measure front yard from the easement line
o Two requests for relief
• Existing Nonconformities
• Floor, Elevation plans were shown
• Applicant Photo was illustrated
• Other Comments (a survey update was distributed)
Commissioner Yablon asked:
• for clarification on side-yard relief. Senior Planner Burhop identified the side-yard portion and front 33 yard encroachment and explained same.
• if the front-yard requirement is only measuring from the front without anything on either side. Senior Planner Burhop concurred. He noted if this was only a front-yard encroachment, the Applicant should try to meet the side-yard requirement as well. The detached garage will encroach into required front yard along the long-side frontage on a corner lot. The minimum side yard has to be met within that front yard.
Commissioner Bay asked Staff if this is an attached garage due to the attachment by a breezeway. Senior 41 Planner Burhop concurred. If it were detached, he asked if the same setbacks would apply. Senior Planner Burhop said this property does not have a zoning required rear yard. If it were a detached garage, it can go into the buildable area as well as to a zoning required rear yard. There is an encroachment allowance into corner lots on the long-side frontage.
Commissioner Zaransky asked and Senior Planner Burhop:
• displayed and explained where the current house and carport sit.
• stated it meets the 9’ side-yard setback at the existing point. At the closest, it is 1.35’. The carport 2 and structure are 13.68’ at furthest and 7’65’ at closest to north property line – proposal is 4.1’ (9’ 3 required) as stated on Existing Nonconformities slide.
Commissioner Hendrick asked, if the easement did not exist, then the front-yard request would be pretty 6 minimal, 2’. Senior Planner Burhop concurred.
Petitioners Cal Bernstein, attorney at Samuels & Bernstein, 484 Central Avenue, Suite 202, Highland Park, IL; 9 Jan Ann Dubin, homeowner; and Nate Kipnis at Kipnis Architecture, 1500 Hinman Avenue, Evanston, IL were all sworn in by Chairperson Cullather.
Mr. Bernstein referenced the survey from the Highland Park web site. The survey was conducted in 2020 13 noting this house was nationally registered. This house is not a local landmark; however, the survey 14 identifies it as a Significant property. He explained same. Detached garages can go into the rear yard and 3’ 15 from the property line/both corners. In this situation, it doesn’t apply as there is no rear yard as this is a corner lot. The code allows certain circumstances.
Regarding the front yard, if there was no easement, then the existing house encroaches 1.5’ into the front yard setback. What is being proposed is to line up the new garage with the house. To the eye, it’s 40’ due to the easement.
Mr. Bernstein offered a presentation and explained same:
• Historical nature (Henry Dubin, applicant’s grandfather, is a significant architect)
• Architect for this and three other houses on the block is Dubin & Dubin, the applicant’s grandfather, father, and uncle
• Wright-inspired style, etc.
• Previous ZBA approval information on other Dubin homes
• This property is unique; survey/site plan was shown; nonconforming elements
• This is the only remaining house on this block without a garage
• Historic Preservation criteria
• Breezeway helps make this property historic
Mr. Kipnis explained the design:
• Having an exposed carport is no longer acceptable
• Small two-car garage
• Neighbors may endure light, vent, noise; helps to not have condenser in side yard but rather in the breezeway
• Will be in line with existing building
• Will fit in with the neighborhood (roof and other work has and is being done); maintaining character
Some ZBA comments are:
• Commissioner Yablon asked about other locations. Messrs. Kipnis and Bernstein reviewed options 44 which may have encroachments. They are minimizing everything and believe this is the right spot.
• Commissioner Bay:
o said it seems inconsistent to maintain spacing and style when adding an enclosed garage and retaining the breezeway. Mr. Bernstein explained same; breezeway is a historical element while carport is not. Mr. Kipnis said the gas line and electric are present there.
o stated the condenser could go on the west side so noise isn’t a factor to the neighbor. Mr. Kipnis stated the typical place is in the side yard.
o referenced the neighbor’s letter about storm-water management and asked about a plan.
Mr. Bernstein said new construction requires a grading and drainage plan.
• Commissioner Zaransky asked about the:
o option of a tandem garage. Mr. Kipnis said that is never a good convenient situation. Mr. Bernstein said the property slants to the south so there likely would be a variance required to the west.
o existing 8’ breezeway and if it could be shrunk by Mr. Kipnis stated it is very tight.
o eve counting as encroachment. Mr. Kipnis said they have minimal eves on the north. The new ones will be minimized to the north. He illustrated and explained same. Senior Planner Burhop said the overhang projection varies and displayed same. Mr. Bernstein shared the building is low, and roof pitch is shallow. He shared what could be built as opposed to this more minimal request.
• Commissioner Yablon offered rationale for a tandem garage. Mr. Kipnis hates tandem garages and explained same. Mr. Bernstein said, in keeping with Dubin houses, the two across the street have two-car garages. Mr. Kipnis said this works best with all the criteria. Mr. Bernstein consulted Susan Benjamin, historian, who stated the breezeway is a foremost feature, the garage is not.
• Commissioner Beck asked about maintaining the covered breezeway while upgrading it and consider weather changes. Mr. Kipnis said they could attach it, but it wouldn’t be historic.
He asked if the neighbors were approached. Mr. Bernstein deferred to this at a later time.
Also raised was adverse possession. Mr. Bernstein said that is not before the ZBA tonight and was news to them. If this is not resolved amicably, it may be resolved in civil court. It is being investigated and will be addressed at the appropriate venue.
• Commissioner Treshansky asked if a 1.5-car garage was considered. Mr. Kipnis said they didn’t look at that. Mr. Bernstein added there are two cars at this house. The goal is to get cars off the driveway. It is fairly routine that residents ask for two-car garages.
• Commissioner Hendrick asked about taking a foot or two off of the garage. As proposed, it is in conflict with the first criteria. Mr. Kipnis said if this is narrowed with a condenser present, there would be a 3’ hallway. This is a narrow garage. The breezeway is 8’ which will be retained. The condenser needs clearance. Mr. Bernstein said there is a lot packed in the breezeway. They could review this. Mr. Kipnis said there’s a corner window.
Mr. Bernstein reviewed the standards of review and explained same.
Ms. Dubin introduced herself and offered history of the Dubin family and 100 years of architecture in Highland Park. She identified her grandfather, Henry Dubin’s, homes in Highland Park and feels compelled to carry on his legacy. Her father was involved in the AIA as President, etc. Her family still has an architectural 45 firm today. Ms. Dubin grew up in this house and moved back. Her decision to hire Nate Kipnis was due to his residency in Highland Park, admiration for Mid-Century modern homes, sustainability, and more. Ms. Dubin wishes to preserve the design and Mid-Century modern features. Her house aligns with others. She appreciates the ZBA’s consideration.
Some ZBA comments are:
• Chairperson Cullather asked when the Waxing Moon Jupie Descendant Trust was created. Ms. Dubin responded in 2019. She moved back to this house seven months before her mother died in 2017 to care for her. Ms. Dubin couldn’t bear to give up the house. She wishes to restore, preserve, and move from her Chicago home to this one in Highland Park.
• Commissioner Beck asked how she engaged with the neighbors. She spoke with all of the neighbors, circulated the original design, tried to be a courteous neighbor, and all are supportive. There were comments from an adjacent neighbor, Todd Rosenthal, about not getting rid of the breezeway as her home is not in alignment and in keeping with other houses on the lane. She has worked hard to accomplish just that.
Chairperson Cullather asked if there were comments from the public:
• Todd Rosenthal 235 Park Avenue
Mr. Rosenthal was sworn in and offered his background. He lives with his wife and two children north of the Petitioner’s house. Posts he has been a part of include the Board (Regional Commissioner, Registrar) of the AYSO. He raised over $20,000 following the July shooting.
Mr. Rosenthal is opposed to the proposal (front yard setback) and explained why. He shared the history of the street. His family moved to this house due to the space and privacy between the houses. If this is granted, the new garage would be closer to his house. More history was offered. They have a lot of landscaping rather than grass. Mr. Rosenthal stated he has purposely not cleaned the area between the existing carport and their property (this spring) to see if his neighbor or their landscaper would do so as they do with the rest of their grounds. That area was not cleaned. The stone wall edging is knocked over from trucks that have hit it. The area is covered in leaves from the fall. In addition to the landscaping, in 2004, an automatic sprinkler system (with at least four sprinkler heads) was placed on his property in the area between the neighbor’s carport and his house. In 2020, he installed an invisible fence/pet containment area that extends 2’ onto the existing carport. He believes Ms. Dubin has abandoned the north side of the property/carport and has not been open to alternate options. The Dubin houses at 229 and 223 Park Avenue also have two-car garages which he has photos of if anyone is interested. Those owners were able to overcome their circumstances.
Mr. Rosenthal believes the circumstance at 229 Park Avenue is far from unique. The placement of the proposed garage is a mere convenience which inflicts hardships on his property (no landscape plan; flooding/downspouts, sun/air flow, tree health, cost to him; his driveway is just over 4’ from the proposed structure and less than 4’ from the roofline of the new structure). The City Forester told him a tree preservation plan would have to be approved.
He prefers his neighbor remove the breezeway and attach a garage or shrink the breezeway. No side variance would then be needed. The adjacent house is 12’ higher than his house. The overhang on the north side is not minimized. A tandem garage, which he has, is an option.
ZBA comments continued:
• Commissioner Bay clarified that Mr. Rosenthal is treating the property between the houses as his though it is not. Mr. Rosenthal noted the City and neighbor approved the placement of the sprinklers, etc. He has been treating the property as his because if he didn’t, it wouldn’t be aintained. Commissioner Bay asked and Mr. Rosenthal stated he would be fine with the neighbor maintaining that space. He asked how he could be in favor. Mr. Rosenthal reiterated the actual structure needs to be moved farther from the property line.
• Student Rep Risko-Juarez identified the invisible encroaching fence and asked if it is a concern if this plan moves forward. Mr. Rosenthal said he would have to move the invisible fence and sprinkler heads over.
• Chairperson Cullather asked if the issue of sprinklers was raised when a survey was done upon purchasing the house. Mr. Rosenthal said it was not.
• Commissioner Treshansky inquired if Mr. Rosenthal asked if he could install the invisible fence. Mr. Rosenthal said he did not as the property was not being maintained. He maintained that landscaping along with his own.
Chairperson Cullather asked Staff if an email was received from the City Attorney. Senior Planner Burhop responded in the affirmative. He noted Chairperson Cullather asked him to make the City’s Corporation Counsel aware of this application as well as the neighbor’s letter. Corporation Counsel commented that the question of the adverse possession is not an issue for the ZBA. Its focus should be on zoning variations and whether they meet the standards of approval.
More ZBA comments:
• Commissioner Yablon asked for clarification of a supposed tandem garage and the placement of it. Mr. Rosenthal said he would be fine with it.
• Commissioner Beck agrees with Commissioner Hendrick, and the first standard, that there are other alternatives. He doesn’t see any compromise so could not support it.
• Commissioner Yablon concurs and would not support this.
• Commissioner Hendrick concurs. Other options don’t seem to have been fully considered. He never drives by or ever does as he wants to keep this in the public hearing. Chairperson Cullather concurred, and noted the City attorney stated this should not be done.
• Commissioner Treshansky shared that the plans as presented are meticulous and show good reason as to why the breezeway remains. He would be in favor as it’s a unique piece of property.
• Commissioner Zaransky appreciates Ms. Dubin’s history of her family as it’s meaningful. The ZBA tries to accommodate circumstances. The house is too close to the property line. The breezeway could be shortened. The condensing unit could be moved. He would not support this, as he doesn’t believe this is the right solution.
• Commissioner Bay likes the design and plan. He doesn’t believe it meets the standards. It would be 38 nice to satisfy the neighbor.
• Chairperson Cullather thanked everyone. He shared the reason he asked when the trust was created 40 is one of the standards talks about proprietary interest in subject property. This standard is met; 41 however, the first one has not. Other options are available. Hardships affect the neighbor which are 42 materially detrimental.
Chairperson Cullather asked if Petitioner wishes to continue this matter or have the ZBA take a vote.
A two-minute recess was taken at 9:23 p.m. The meeting resumed at 9:27 p.m.
Mr. Bernstein thanked everyone for their thoughtful comments. They will go back to review the plan and 2 request a continuance to the May 4, 2023, meeting.
Commissioner Bay moved to continue this matter to the May 4, 2023, ZBA meeting. Commissioner Beck 5 seconded the motion.
On a roll call vote
Voting Yea Chairperson Cullather; Commissioners Bay, Hendrick, Treshansky, Yablon, Beck, & Zaransky
Voting Nay: None
Chairperson Cullather declared that the motion passed unanimously. Senior Planner Burhop stated there would be no additional notice, the notice is now.
2. #2023-VAR-006
Property: 657 Rice Street
Zoning District: R5
Appellant: Thomas Architects
Address: 2800 S. River Road, Des Plaines IL 60018
The petitioner Thomas Architects of 2800 S River Rd, Des Plaines, IL 60018, on-behalf-of the property owners Robin Brown & Alex Pille of 657 Rice Street, 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 15 feet within the 30-ft required rear yard measured from the north and east property lines; in order to construct a new single-family dwelling with accessory structures.
Senior Planner Burhop explained the proposal:
• Site location
• Project background; built in 1924 and proposed to be demolished
• Aerial view, survey, and site plan were shown (steep slope zone)
• Elevations were illustrated
• Other comments
Some ZBA comments to Staff are:
• Commissioner Hendrick asked and Senior Planner Burhop explained….the rear yard if it were a side yard. The maximum encroachment is 15’, and the proposed setback is 15’ with a minimum side-yard setback of 9’. He asked why this isn’t being treated as a side yard. Senior Planner Burhop said because the lot lines are opposite the front; they become the rear.
• Chairperson Cullather noted the Petitioner will return for height and the steep slope. Senior Planner Burhop concurred.
• Commissioner Yablon asked if the ZBA should be concerned the buildable area will change for steep slope zone requirements. Senior Planner Burhop said potentially. He expounded on Engineering’s comments about a revision of the drawing (which shouldn’t be an issue). She asked and Senior Planner Burhop stated the rectangles as drawn are a technical issue.
Chairperson Cullather swore in Petitioner Peter Henseler, 1403 N. Vail, Arlington Heights, who stated the rectangles on the drawing are something to do with the lot number; nothing is planned for that area. He said the lot is irregularly shaped; the rear lot lines to the northeast are side yard lot lines for the neighboring property. If that were deemed a side lot line, we would not be here. The side lot lines are not opposite, and this property is the end of the block. Regarding the steep slope zone, their Engineering is working with the City’s Engineer on how to best demolish the existing house. The existing home is within the steep slope zone. Their proposal is to pull the new home away from the steep slope zone; a simple gable structure with windows overlooking the ravine. He identified the largest encroachment of the three. A young couple is moving to Highland Park to maximize the benefits of the property. Two ravines cut through with tree privacy. The play yard was identified. The intention is to have enough table land leftover for a play yard as 9 the homeowners are expecting a child. Relief is based on the natural features of the property that are restrictive to build a reasonably-sized home. The existing home is in poor condition and is within the ravine. The intention is to improve everything from what it is now.
Mr. Henseler reviewed the standards and explained same.
Commissioner Yablon asked if the garage entrance is closer to the steep slope zone. Mr. Henseler said the garage is to the north of the property. The gravel driveway is not planned to be gravel. The general footprint is the same; no curb cut.
Chairperson Cullather swore in Owner, Robin Brown, 225 Huron Street, Apt. 520, Chicago, who thanked everyone. She graduated from Highland Park High School and is happy to move back. Her parents live in Fort Sheridan.
Chairperson Cullather asked if they spoke with the neighbors. Ms. Brown said they haven’t had a chance. Mr. Henseler said he spoke with two neighbors to the north who were interested and said this property could use some TLC.
Some ZBA comments are:
• Commissioner Treshansky said the variance is due to the configuration and topography. He is in favor 29 as it meets the standards.
• Commissioner Zaransky said it’s a great project, it meets the standards, and he supports it.
• Commissioner Beck supports this.
• Commissioner Yablon concurs and supports this.
• Commissioner Hendrick is in support, the standards have been met.
• Commissioner Bay welcomed the homeowners. He stated the standards have been met, and it’s a great project.
• Chairperson Cullather concurs and complimented the Petitioner on the presentation.
Commissioner Hendrick moved to adopt the order as presented. Commissioner Yablon seconded the 39 motion.
On a roll call vote
Voting Yea Chairperson Cullather; Commissioners Bay, Hendrick, Treshansky, Yablon, Beck, & 43 Zaransky
Voting Nay: None
Chairperson Cullather declared that the motion passed unanimously.
STAFF REPORT
Senior Planner Burhop said legal training will be May 18, 2023.
He noted comments of the Text Amendment which they will review and move forward. .
A software program is being implemented.
Chairperson Cullather stated he will not be present at the May 18, 2023.
Senior Planner Burhop advised of upcoming applications.
MISCELLANEOUS
1. Comments from Councilperson Tapia
Councilperson Tapia recommends that short presentations precede long presentations at ZBA meetings 14 when possible. Senior Planner Burhop noted those who apply first are on the agenda first. He will be more 15 conscious of this in the future.
Councilperson Tapia stated petitioners could be coached on displaying photos when possible. Senior Planner 18 Burhop will encourage applicants to bring more photos.
Councilperson Tapia will be out of the country for the next ZBA meeting.
ADJOURNMENT
Commissioner Bay moved to adjourn the meeting at 10:13 p.m. Commissioner Beck seconded the motion.
On a roll call vote
Voting Yea Chairperson Cullather; Commissioners Bay, Hendrick, Treshansky, Beck, Yablon, and 27 Treshansky
Voting Nay: None
Chairperson Cullather declared that the motion passed unanimously.
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