Variation to permit a fence setback 0 feet from ... - Village of Palatine

More documents

Recommendations

Info

BOARD OF APPEALSVILLAGE OF PALATINE200 EAST WOOD STREETSeptember 14 2010PresidingPresentAbsentStaffChris KendallCindy Roth WursterJosh WheelerTed McGinnMohinderjit SainiMonica PasillasSusan TibbittsBill RobertsonJan WoodRebecca LeslieIROLL CALL AND APPROVAL OF MINUTESAt700pm roll was taken and a quorum was declared The minutes for the meeting of August 242010 were approved Staff was sworn inII 1064 134 S Brockway StreetVariation to permit lot coverage of 50 instead of the maximum permitted 45 pursuant to Section10 06 g 1 b of the Palatine Zoning OrdinancePetitioner s exhibits1 Petition for Special Use Transfer2 Real estate disclosure form3 Proof of ownership4 Plat of survey5 Photos 3Notice was published in the Daily Herald on August 5 2010 and mailed to nearby property ownersMs Leslie gave the background to this request The Subject Property contains a single family home and islocated just south of downtown Palatine The Petitioners installed additional paving in the rear and sideyard without a building permit A building permit was applied for postconstruction and Staff determinedthat the parcel had exceeded its maximum permitted lot coverage Therefore the Petitioner is seeking aVariationANALYSISThe Subject Property is zoned R2 Single Family ResidentialThe Petitioner poured an Lshaped asphalt patio of 385 square feet in the rear and side yard without abuilding permitA complaint was filed and the Petitioner got a new plat of survey drawn up which he used to apply forthe building permit The plat of survey submitted shows lot coverage of approximately 489 whereasthe maximum permitted lot coverage in the R2 district is 45 Before the patio was constructed lotcoverage was 44 The building coverage conforms to Code at 22The Petitioner stated that grass would not grow in this area which is why they chose to put down thenew section of asphaltThe plat shows the patio encroaching into the required 2 foot side yard setback for paving I advisedthe Petitioner of this a few weeks ago and he says he has cut it back to comply with the ordinance Iwill confirm this with a site visit prior to noticing
ZONING BOARD OF APPEALSSEPTEMBER 14 2010PAGE 2The driveway is recognized as nonconforming because it does not meet the 2 foot setbackThis is an older section of town with smaller lot sizes It is possible that there are other instances ofnonconforming paving in this areaDEPARTMENTAL REVIEWSCommunity ServicesNo issuesEngineeringNo issuesEnvironmental HealthNAFire PreventionNAPublic WorksPoliceNANASTANDARDS FOR A VARIATIONStandards for a Variation are found in Section 14 03 D 1 and 2 of the Zoning CodeSpecifically the Petitioners must show that the property in question cannot yield a reasonablereturn if permitted to be used only under the conditions allowed by the regulations governing thedistrict in which it is located that the plight ofthe owner is due to unique circumstances andthat the variation if granted will not alter the essential character of the locality The Petition forVariation is attached and the Petitioners have attempted to address the required standardsMr Wheeler asked if the complaint was about a specific thing no the complaint was for not having apermit not following the codeThe Petitioner Gerardo Vargas was sworn in He has lived in the home for ten years and they boughtit this year There was a tree a few years back that died in a storm and now they cannot grow grasswhere the tree was Two inspectors from the Village looked at the asphalt and the petitioner had toremove a foot of the padMr Wheeler asked why he didn t apply for a permit this is his first home and he didn t know he didn tthink it would affect the guidelines in palatine now he knowsMs Roth Wurster asked if the Petitioner had talked to the neighbors about their project no Mr Vargasguessed that the neighbor to the south could have a problem with this She asked if the house issurrounded by concrete and asphalt yes She asked if they park cars on the concrete they have a onecar garage She asked again if they park cars on the concrete no response She asked if he had triedother ways to cover the dead grass area no Did they try mulch noMs Leslie stated that the engineering department has reviewed the plan and has no technical objectionto the request However the paving was installed without a permit and in violation of the Village szoning regulations Therefore Staff recommends action at the discretion of the Zoning Board ofAppeals If the Zoning Board of Appeals should recommend approval of the proposal staffrecommends the following condition
Page 1: PDEPARTMENT OF PLANNING ZONINGLATIN
Page 5 and 6: ZONING BOARD OF APPEALSSEPTEMBER 14
Page 9 and 10: 7ILRJ4 Er 01FZONING BOARD OF APPEAL
Page 11 and 12: STANDARDS FOR A SPECIAL USESince th
Page 13 and 14: VILLAGE OF PALATI N CSPECIAL USE VA
Page 15 and 16: ENTREESHANGRILL1910 RAND RDNPALATIN
Page 17 and 18: IIIIIIIIIIIIII00BY VEHICLE A PARKED
Page 19 and 20: MlTEAS oZONING BOARD OF APPEALSPLAT
Page 21 and 22: ATTACHMENTS1 Area Map2 Petition for
Page 23 and 24: VILLAGE OF PALATINEdd SPECIAL USE V
Page 25: James Boudreault261 W GladePalatine
Page 28 and 29: 0IFRLATINJU METIZONING BOARD OF APP
Page 30 and 31: 1 The Variation shall substantially
Page 32 and 33: VILLAGrE OF PALATINESPECIAL USEVAR
Page 34 and 35: 1ARCHITECTURAL INDUSTRIAL LOTS FARM
Page 36 and 37: asHomraxL9009 SION1111 3NLL 9Vd M M
Page 38 and 39: Jti0IF ZONING BOARD OF APPEALS1LATI
Page 40 and 41: STANDARDS FOR A VARIATIONStandards
Page 42 and 43: VILLAGE OF PALATINESPECIAL USEVARIA
Page 44 and 45: PALATINE BANKTRUSTA branch of Bat i
Page 46 and 47: PALATINE BANKTRUSTA branch ofBrring
Page 48 and 49: oJ7GVO AVAANDO0 8 N tiVNo0 0Z0QOzQp
Page 50 and 51: Downtown PalatineDesign GuidelinesE
Page 52 and 53:
Tenant Square Footage Parking Space
Page 54 and 55:
C except as such plans may be chang
Page 56 and 57:
VILLAGE OF PALATIrj SPECIAL USE VAR
Page 58 and 59:
NSmAl441 40 SYcba4inxKxayaic18iOQI3
Page 60 and 61:
BAXTERBEASLEY LLCServicesOur facili
Page 62 and 63:
YfID DEX PRAIRIE ToWXYfOW EASS 0 CI
Page 64 and 65:
PJ200C r DEPARTMENT OF PLANNINGZONI
Page 66 and 67:
P LAJ DEPARTMENT OF PLANNING ZONING
show all

Variation to permit a fence setback 0 feet from ... - Village of Palatine

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?