City of Highland Park Zoning Board of Appeals met May 4
Here are the minutes provided by the board:
MINUTES OF A REGULAR MEETING
ZONING BOARD OF APPEALS COMMISSION
OF THE CITY OF HIGHLAND PARK, ILLINOIS
MEETING DATE: Thursday, May 4, 2023
MEETING LOCATION: Council Chambers, City Hall, 1707 St. Johns Avenue, Highland Park, IL
CALL TO ORDER
At 7:30 p.m., Chairperson Cullather called the meeting to order. This Commission meeting takes place on site. Staff was asked to call the roll.
ROLL CALL
Commissioners Present: Chairperson Cullather; Commissioners Hendrick, Treshansky, & Zaransky
Commissioners Absent: Bay, Beck, & Yablon
Councilmember Absent: Tapia
Student Council Absent: Bach, Risko-Juarez
Staff declared that a quorum was present.
Guests Present: Cal Bernstein, Attorney/Samuels & Bernstein
Nate Kipnis, Architect/Kipnis Architecture
Jan Anne Dubin/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 19, 2023.
BUSINESS FROM THE PUBLIC
There was no Business from the Public.
OLD 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 (previously considered 4/20/23):
∙ Project background
∙ Revisions are:
o to encroach 2.9’ (from 4.9’) within the required 9’ side yard on the north
o to encroach 28 square feet (from 69 square feet) in the side yard
o to encroach 303 square feet (from 253 square feet) in the front yard
∙ New & Old Site Plans were shown
∙ Site plan
o Breezeway reduced from 8’ to 6’
o Setback is 6.1’ (from 4.1’) to the north property line
∙ Aerial view was illustrated
∙ Landscape plan was displayed
∙ Other Comments (revised letter from neighbor)
Chairperson Cullather stated everyone was sworn in at the previous meeting so it is unnecessary to do so again.
Petitioners Cal Bernstein, attorney at Samuels & Bernstein, 484 Central Avenue, Suite 202, Highland Park, IL said their team listened to ZBA and neighbor comments. The breezeway is reduced, encroachments were mentioned. Concerns by the neighbor via email and telephone are water and the length of the encroachment. Landscaping has been added as a buffer. There are no windows facing the neighbor’s garage.
Mr. Kipnis, architect at Kipnis Architecture, 1500 Hinman Avenue, Evanston, IL explained:
∙ Landscaping and water (not fully worked out yet; location of drain likely to change)
∙ Breezeway (10.2’ down to 6’); corner window office
Some ZBA comments are:
∙ Commissioner Treshansky asked why reducing the breezeway to 6’ makes it nonfunctional. Mr. Kipnis reminded it is a wall right outside the office. It is turning into a hallway. Architecturally, the proportions of that opening are quite big. The condenser has been moved. He illustrated and explained the solar shading diagram. A shadow is being cast onto a building with no windows.
∙ Commissioner Hendrick said the shade and sun are not issues. His issue is the first standard and why the line is drawn at 6’. The neighbor is requesting 6” more. Mr. Kipnis asked, per zoning, if this is impacting the light and vent of the neighbor. It is affecting the light and vent of the applicant.
After speaking with Susan Benjamin (known for historic preservation in Highland Park), Mr. Bernstein conveyed that she said Mid-Century modern houses sometimes have breezeways which is an important architectural feature. The Dubins designed two different types of homes on this block – one had a breezeway and the other did not. The one that didn’t have a breezeway had a two-car garage. They are trying to preserve, restore, and lengthen the life span of a historical home. A featured element is the breezeway. If compromised, it becomes a hallway. He asked if 6” is worth losing that architectural structural element. An addition is supposed to look like it’s always been there without detracting from a historical feature; a balance between the garage structure and the house. Ms. Benjamin and Mr. Kipnis feel if it is moved too close or removed, an element that makes the house historical is lost. The best return is to tear this down and build a 5,000 square foot home 30’ high. This applicant wants to restore, upgrade, and increase the life span of a house that Highland Park considers Significant.
Chairperson Cullather asked about notes from the Historic Preservation Commission. Mr. Bernstein said this case does not go before the HPC because this house is not landmarked. The only way it could be landmarked is if the applicant requests it. Involuntary landmarking is no longer possible.
Chairperson Cullather asked what it would do to this application if the applicant landmarked the house. Mr. Bernstein said, if this was a landmarked house, the process for updating is to go before the HPC and request a Certificate of Appropriateness/COA then to the ZBA. He referenced a house on Vine with a kitchen addition. For this house, the HPC would likely promote restoring the historical element. One member, in fact, did disclose that this element should be preserved.
∙ Commissioner Treshansky mentioned shortening the breezeway by 6” would make it a hallway. He asked, architecturally, what the distinction is between a breezeway and a hallway. Mr. Kipnis said the word architecture means art and technology so it’s not so scientific. This is an excellent example where there’s a lot of compromises. If the property line wasn’t there, they would have the two-car garage. When looking out the corner window, a Mid-Century Modern element, you would view a wall 5’6” away. A hallway is a narrower space than a breezeway. He has never seen a breezeway this tight. The proportions are beginning to get noticed.
Mr. Bernstein read and offered rationale about standard #1. This property consists of the land and historic home. A way to restore, modernize this home is to have a two-car garage. The other Dubin homes have two car garages, the neighbor has a three-car garage. Variances were identified. An architectural element, the breezeway, cannot be lost. One car is subject to being on the street. They have tried to accommodate the neighbor.
Some ZBA comments are:
∙ Chairperson Cullather asked if the electric fence and sprinklers were discussed with the neighbor. Mr. Bernstein said the neighbor said he took it upon himself to move them. The applicant’s landscaper then cleaned it up. Mr. Kipnis said when folks are restoring their property, clean up/landscaping follows. The home has been repainted, received new soffits, fascia, and walkway. Mr. Bernstein reminded the carport is dilapidated.
Ms. Dubin noted the pictures, as shown, are old. The roof, tongue and groove wood are completely restored along with chimneys, downspouts, and handmade copper gutters. She does not wish to tear this down and sell it to a developer. This architect specializes in Mid-Century Modern homes and sustainability. She brought materials to the neighbor and is in need of a two-car garage.
∙ Commissioner Hendrick asked if this team has an issue if landscaping is part of the requirement. Mr. Bernstein said they submitted it that way for implementation and shared it with the neighbor.
Senior Planner Burhop said, if this were granted, the area drain may be subject to relocation. Mr. Bernstein explained architectural drawings would be sent to engineers.
Chairperson Cullather noted there were no comments from the public.
ZBA comments include:
∙ Commissioner Zaransky said the adjustment shows good faith. He is comfortable, and the standards are met. Reducing anything further does a disservice to the house and applicant, so he is in favor. The landscape component could be stricken. This is a great job.
∙ Commissioner Treshansky would have voted in favor of this the first time around. The Petitioner really listened to the neighbor. This shows compromise and good faith. The requirements are met, so he is in favor as presented.
∙ Commissioner Hendrick believes the standards have been met. Mr. Bernstein articulated that very well. It is Highland Park’s policy to preserve historical homes. He would keep the landscaping portion in the motion.
∙ Chairperson Cullather thanked Staff, the applicant, and neighbor for participating in this process. In the end, this resolution makes everyone happy. A formidable job was done to make the breezeway smaller. From the street, landscaping it will be a big improvement. The requirements have been met. He would keep the landscaping plan in.
Mr. Burhop asked if the ZBA received and reviewed the May 4, 2023, letter from Mr. Rosenthal. Chairperson Cullather stated yes, all members had the hardcopy letter at their dais spot. He recommends an amendment that the April 20, 2023, date be struck on the order and the date reflect May 4, 2023.
Commissioner Hendrick moved to adopt the order as presented amending that the April 20, 2023, date be stricken and replaced by May 4, 2023. Commissioner Treshansky seconded the motion and amendment.
On a roll call vote
Voting Yea Chairperson Cullather; Commissioners Hendrick, Treshansky, & Zaransky Voting Nay: None
Chairperson Cullather declared that the motion passed unanimously.
NEW BUSINESS
There was no New Business.
STAFF REPORT
Senior Planner Burhop said legal training will be May 18, 2023. Chairperson Cullather and Commissioner Hendrick will not be in attendance. Chairperson Cullather asked to inquire who the Councilperson liaison will be and invite same to the next ZBA meeting. It was asked if a 6:30 p.m. start time could occur for the training. Senior Planner Burhop will consult remaining ZBA members.
MISCELLANEOUS
There is nothing to report.
ADJOURNMENT
Commissioner Zaransky moved to adjourn the meeting at 8:23 p.m. Commissioner Treshansky seconded the motion.
On a roll call vote
Voting Yea Chairperson Cullather; Commissioners Hendrick, Treshansky, & Zaransky Voting Nay: None
Chairperson Cullather declared that the motion passed unanimously.
Respectfully Submitted,
Gale Cerabona, Minute Taker
http://highlandparkil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2830&Inline=True
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