ZONING BOARD OF APPEALS
July 11, 2016
The meeting of the Zoning Board of Appeals was called to order by President Boddie at 6:00 PM at the Village Hall.
ROLL CALL Present: Trustees Benson, Boddie, Borel, Butterwick, Izenberg, Langford and MacKrell. Absent: Trustees Al-Awar and van der Velde.
Others attending: Atty. Munzel, ZA Perry, Supt. Esch, Asst. Supt. Hnatow, Asst. Treas. King, two project representatives and one resident.
APPROVAL OF MINUTES Minutes of the June 13, 2016 Zoning Board of Appeals meeting were approved as printed. (Butterwick/MacKrell/P unanimously)
APPLICATION FOR VARIANCE 304 Juniper Lane
Project Presentation (ZA Perry) This project was addressed at the June 13, 2016 ZBA meeting; applicants have submitted revised plans. Variances are requested for:
1) height variance due to excavation that would lower the grade causing the total height to be 2 ½ feet greater than the 40 foot limit;
2) variance for construction of a new 3-car garage previously proposed to encroach 18 feet into the 20 foot side set back; revised plans call for a 13 foot encroachment; and
3) variance for renovation of an existing deck/pavilion on the waterfront. The existing deck is over the property line; revised proposal would bring the structure back inside the property line. However, the pavilion replacing the existing gazebo would be almost entirely in the side set back and 4 ½ feet from the property line.
Mr. Perry noted that the burden of proof rests with the applicant to support these requests and called attention to Section 10.04 of the BHV Zoning Ordinance that states the criteria to be considered by the ZBA for variance requests.
Public Hearing The Public Hearing was convened at 6:10 PM. Adjoining neighbor Paul Izenberg (312 Juniper Lane) stated he had no objections to any of the variance requests. The project architect stated that he had spoken with the adjoining neighbors at 300 Barton Shore Drive who also had no objections. No other public comment was given. The hearing was closed at 6:12 PM.
Discussion/Decision The architect displayed plans on the large screen TV, highlighting the various elements of the project.
1) Height. There was little discussion concerning the height variance request, given that the added height was entirely due to excavation at the back of the house and that the roof itself was not being raised.
Motion Request for variance from Section 4.08 of the Barton Hills Village Zoning Ordinance to allow construction resulting in a total structure height greater than 40 feet at 304 Juniper Lane was approved. (MacKrell/Buttewick/P unanimously)
2) Pavilion structure in the set back. Discussion included:
--The project is not grandfathered because it is new construction.
--Central mass of the structure is in the set back and too near the property line.
--The applicant noted that moving the structure further north, as suggested by several ZBA members to lessen the intrusion into the set back, would obstruct the view from the home.
--The applicant noted that there is a line of trees that shields the structure from the neighbor’s view.
--Several ZBA members pointed out that the proposed structure is a bit taller than the existing gazebo.
--The applicant said the design reflects the owner’s desire to keep the existing steps to the water.
--Several ZBA members noted there were be other options that lessened the intrusion into the set back and would require a lesser variance.
--This request does not meet the requirements and spirit of the BHV Zoning Ordinance.
Motion Request for variance from Section 4.08 of the Barton Hills Village Zoning Ordinance to allow construction of a pavilion/deck in the set back at 304 Juniper Lane was denied, based on the determination of the Zoning Board of Appeals that the standard of practical difficulty was not met. (MacKrell/Butterwick/P unanimously)
3) Garage in the set back. Discussion included:
--Based on a site visit by several ZBA members since the June 13, 2016 meeting, there are other options for increasing the garage space than the requested variance.
--Is a 3-car garage mandatory in this district, as claimed by the applicant? Several ZBA members noted the rationale for such is not clear.
--The applicant noted that existing garage doors are 8 feet wide with 12 inches between which is very small. The interior has been built up so it is really only 1 ½ stalls rather than two.
--The applicant said the house and buildable area on the lot are quite small. This variance is proposed as the best option to meet the owner’s desire for three stalls.
--ZBA members noted there are other homes in other neighborhoods that have small garages. It doesn’t seem that the applicant’s personal desire for three garage stalls with additional living space above the garage is strong enough to override protection provided by the set back requirements.
Motion Variance from Section 4.08 of the Barton Hills Village Zoning Ordinance to allow construction of a garage in the set back at 304 Juniper Lane was denied, based on the determination of the Zoning Board of Appeals that the standard of practical difficulty was not met. (Benson/MacKrell/P unanimously)
NEW BUSINESS None.
The meeting was adjourned at 6:30 PM. (Butterwick/Langford/P unanimously)
Janice K. Esch, Deputy Clerk Approved