AGENDA MEMO

CITY COUNCIL

MEETING DATE:  June 21, 2010

 

 

Issue Statement

 

PZC 2010-07:             7938 Pine Court:  Petitioner seeks approval of a variation to permit a patio to extend to the rear lot line, a distance of 13 feet, encroaching into the required 20 foot setback for patios and decks (the rear wall of the existing house is approximately 13 feet from the rear lot line).

                                    ORDINANCE                      BACKUP                   SURVEY

 

Overview/Discussion

 

The Planning and Zoning Commission recommended approval of the petition at their meeting on June 2, 2010.  The Commission recommends granting the variation, to allow the patio to extend to the rear lot line, if the actual distance shown on the survey was shown to be incorrect.

 

This matter is to be considered by the Municipal Services Committee at a special meeting on June 21, 2010, prior to the City Council meeting.

 

The complete agenda memo follows as “Additional Information”.  Comments and recommendation from the Municipal Services Committee will be provided at the City Council meeting.

 

A draft ordinance is attached.

 

 

Decision Mode

 

The Planning/Zoning Commission considered this item at its meeting on June 2, 2010.

The Municipal Services Committee considered this item at its meeting on June 21, 2010.

The City Council will consider this item at its meeting on June 21, 2010.

 

 

Additional Information

 

 

Issue Statement

 

PZC 2010-07:             7938 Pine Court:  Petitioner seeks approval of a variation to permit a patio to extend to the rear lot line, a distance of 13 feet, encroaching into the required 20 foot setback for patios and decks (the rear wall of the existing house is approximately 13 feet from the rear lot line).

 

Applicable Regulations:          Zoning Ordinance, Section 5A-5-7-3(C):  Permitted Obstructions in Required Yards, In Required Rear Yards.

 

 

General Information

 

Petitioner/

Property Owner:                     Joseph and Kathleen Warzecha

                                                7938 Pine Court

                                                Darien, IL 60561

 

Property Location:                  7938 Pine Court

 

PIN:                                        09-33-201-007

 

Existing Zoning:                     R-2 Single-Family Residence

 

Existing Land Use:                 Single-family detached home

 

Surrounding Zoning and Land Use (surrounding the Darien Towne Centre shopping center):

 

North:        R-2 Single-Family Residence – single-family detached homes.

South:        R-2 Single-Family Residence – single-family detached homes.

East:          R-2 Single-Family Residence – single-family detached homes.

West:         R-2 Single-Family Residence – single-family detached homes.

 

Comprehensive Plan Update: Low Density Residential

 

Size of Property:                     15,125 square feet (approximately)

 

Floodplain:                                          None. 

 

Natural Features:                                 None.

 

Transportation:                                    Property has frontage on Pine Court and Bailey Road, with access off of Pine Court.

 

 

Documents Submitted

 

This report is based on the following information submitted to the Community Development Department by the petitioner:

 

1.         Plat of Survey, 1 sheet, prepared by Webster and Associates, latest revision dated August 16,       1971.

 

Planning Overview/ Discussion

 

The property is located on the west side of Pine Court, at the cul-de-sac.  The property backs up to Bailey Road.

 

The petitioner proposes to replace their existing patio.  The petitioner proposes to extend the patio to their rear lot line, a distance of 13 feet from the rear wall of the house.  The proposed patio will be 13 feet x 19 feet.

 

The Zoning Ordinance requires patios and decks to be at least 20 feet from a rear lot line.  However, as shown on the plat of survey, the rear wall of the house is located approximately 13 feet from the rear lot line.  Therefore, it is not possible to meet this requirement.  The current rear yard setback for the principal structure (the house) is 30 feet.

 

There is a 10-foot wide utility easement along the rear lot line.  The proposed should not impact drainage.

 

Staff does not object to the variation petition.

 

The variation request must address the following criteria for approval:

 

            1.         Whether the general character of the property will be adversely altered.

            2.         Whether the overall value of the property will be improved and there will not be any potential adverse effects on the neighboring properties.

            3.         Whether the alleged need for the variation has been created by any person presently having a proprietary interest in the premises.

                        4.         Whether the proposed variation will impair an adequate supply of light and air in adjacent property, substantially increase congestion in the public streets, increase the danger of fire or endanger the public safety.

            5.         Whether the proposed variation will adversely alter the essential character of the neighborhood.

 

Staff Findings/Recommendations

 

Staff does not object to the variation petition, the proposed variation will not adversely impact the character of the property, the proposed variation will not impair an adequate supply of light and air in adjacent property, will not substantially increase congestion in the public streets, will not increase the danger of fire or endanger the public safety, the proposed variation will not adversely alter the essential character of the neighborhood.

 

Therefore, staff recommends the Commission make the following recommendation to grant the variation petition:

 

Based upon the submitted petition and the information presented, the request associated with PZC 20010-07 is in conformance with the standards of the Darien City Code and, therefore, I move the Planning and Zoning Commission recommend approval of the petition as presented.

 

 

Planning and Zoning Commission Review – June 2, 2010

 

The Planning and Zoning Commission considered this matter at its meeting on June 2, 2010.  The following members were present:  Beverly Meyer – Chairperson, Donald Hickok, Gloria Jiskra, Ronald Kiefer, John Lind, Raymond Meilkus, Kenneth Ritzert, Susan Vonder Heide and Michael Griffith – Senior Planner.

 

Members absent:  Robert Erickson, Elizabeth Lahey – Secretary.

 

Michael Griffith, Senior Planner, reviewed the staff agenda memo.  He stated the petitioners are proposing to replace their existing patio.  He stated the proposed patio will be 13 feet x 19 feet.  He stated the Zoning Ordinance requires patios to be at least 20 feet from a rear lot line, but that the house is approximately 13 feet from the rear lot based on the survey provided.  He stated in this case, the setback cannot be met.

Mr. Griffith noted there is a line of trees and shrubs along the rear lot line to screen the property from Bailey Road.

 

Chairperson Meyer noted Dan Gombac, Director, Community Development/Municipal Services, had been to the site and determined that the patio would not create a drainage problem.

 

Joseph and Kathleen Warzecha, the petitioners, were present.  They stated it was not clear why they needed a variation, they only want to replace their patio.  They stated that they would like to extend the patio further out from the house, maybe 16 feet, to line up with fences on their neighbor’s property.

 

There was a discussion on the rear lot line location.  It was suggested that if the petitioners did not agree with their survey, they could hire a surveyor to verify the location of their rear lot line.

 

Commissioner Ritzert stated he did not object to the petition.

 

Commissioner Kiefer suggested the recommendation should be worded to allow the patio to extend to the rear lot line if it is determined to be 16 and not 13 feet from the rear of the house.  The Commission members agreed.

 

There was not anyone from the public to offer comments.

 

            Without further discussion, Commissioner Kiefer made the following motion, seconded by Commissioner Hickok:

 

Based upon the submitted petition and the information presented, the request associated with PZC 20010-07 is in conformance with the standards of the Darien City Code and, therefore, I move the Planning and Zoning Commission recommend approval of the petition, to allow the patio to extend to the rear lot line.

 

            Upon a roll call vote, THE MOTION CARRIED by a vote of 8-0.

            (Commissioner Erickson was absent.)

 

 

 

Municipal Services Committee Review – June 2, 2010

 

The Commission’s recommendation permits the patio to extend to the rear lot line.  The survey on file shows a distance of 13 feet between the rear lot line and the rear wall of the house.  However, the petitioner believes the distance is greater.  If it’s determined that the actual distance is greater, it was the Commission’s desire to allow the patio to extend the actual distance to the rear lot line.

 

Based on the Planning and Zoning Commission recommendation, staff recommends the Municipal Services Committee make the following recommendation to grant the variation:

 

Based upon the submitted petition and the information presented, the request associated with PZC 20010-07 is in conformance with the standards of the Darien City Code and, therefore, I move the Municipal Services Committee recommend approval of the petition, to allow the patio to extend to the rear lot line.