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HomeMy WebLinkAboutG6-13 Ordinance No. G6-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PERMIT CERTAIN ACCESSORY STRUCTURES ATTACHED TO THE PRINCIPAL BUILDING TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK WHEREAS, written application has been made to permit certain Accessory Structures attached to the Principal Building to encroach into the Required Rear Yard Setback; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the City Council with a recommendation for approval; and WHEREAS, the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.12.600 of the Elgin Municipal Code, 1976, as amended, entitled "Obstructions in Yards", Subsection F thereof entitled "Rear Yard" be and is hereby further amended by adding the following sections thereto to read as follows: "9. Architectural: Balconies, encroaching no more than 15 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 40 feet; encroaching no more than 12 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 20 feet and no greater than 39 feet; this requirement being restricted only to those lots that have topography resulting in lookout or walkout basements, and for these accessory structures to be constructed at the main floor level (first floor); and subject to the provisions for land use of the zoning district in which it is located. 10. Architectural: Pergolas, screened-in porches, sunroom additions and retractable awnings that are attached to the principal building. encroaching no more than 15 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 40 feet; encroaching no more than 12 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 20 feet and no greater than 39 feet; this requirement being restricted only to those lots that back r up to permanent open space; and subject to the provisions for land use of the zoning district in which it is located." Section 2. That the remaining subsections under Section 19.12.600 of the Elgin Municipal Code, 1976, as amended, entitled "Obstructions in Yards", Subsection F thereof entitled"Rear Yard"be renumbered in sequence. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ai 4 David J. Ka.,'(in, 'yor Presented: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: January 23, 2013 ,"��� F k-4 C> Published: January 25, 2013 oBsF`°M,"ts` Attest: e&LiA,644,6C1 .4/64.4 Kimberly Dewis, Cify Clerk - 2 - December 3,2012 PLANNING AND ZONING COMMISSION Recommendation and Findings of Fact on the Proposed Text Amendment to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback Community Development Department City of Elgin,Illinois OVERVIEW Approval of an amendment to the text of the Zoning Ordinance to permit Accessory Structures attached to the Principal Building to encroach into the Required Rear Yard Setback. GENERAL INFORMATION Petition No.: 41-12 RECOMMENDATION: APPROVE(see Recommendation Detail) Applicant: City of Elgin Staff Coordinator: Sarosh Saher, AICP; Senior Planner History: After due notice as required by law, the Planning and Zoning Commission held a public hearing and considered Petition 41-12 on December 3, 2012. The city as applicant submitted a Text Amendment Review dated December 3, 2012 and testified at the public hearing. List of Exhibits: A. Draft Ordinance with proposed language to amend Section 19.12.600.F: Obstructions in Rear Yards B. Transcript BACKGROUND In the past decade, the west side of Elgin experienced a significant amount of residential construction that was approved within planned subdivisions. The developers of these subdivisions used the opportunity to maximize the area of residential homes to their setback lines leaving little or no room for accessory structures such as balconies, screened- Findings of Fact Planning & Zoning Commission Petition 41-12 December 3, 2012 5. Edgewater Subdivision (2011) — ordinance was amended to allow accessory structures such as screened-in porches, sunroom additions and pergolas attached to the house to encroach into the rear yard setback to a maximum of 12 feet on lots with a 20 foot rear yard setback. The departure was granted only to lots backing up to permanent open space. 6. Bowes Creek Country Club Subdivision Active Adult Component (2012) — ordinance was amended to allow pergolas, retractable awnings and other similar structures attached to the house to encroach up to 12 feet on lots with a 20 foot rear yard setback. In the six years that these departures have been granted, the city has not been made aware of any concerns from neighbors that these properties back up to. The city continues to receive requests from residents for these departures within subdivisions whose ordinances have not been amended. The Planning and Zoning Commission recommends that accessory structures be allowed to encroach to a maximum distance of no more than 15 feet on lots with a rear yard setback of no less than 40 feet, and 12 feet on lots with a setback of no less than 30 feet. The amendment will be accompanied with the following conditions: 1. With reference to balconies, and any accessory structures such as pergolas and retractable awnings constructed on the balconies, the requirement will be restricted only to those lots that have topography resulting in lookout or walkout basements, and only allow for these accessory structures to be constructed at the main floor level (first floor), and not be permitted at the second floor level. 2. With reference to pergolas, screened-in porches, sunroom additions and retractable awnings that are attached to the principal building, but where the topography is at the level of the main floor, the requirement will be restricted to those lots that back up to permanent open space. 3. The accessory structures will be required to conform to the "interior" setback requirements on the lot, unless exceptions are currently granted within the ordinance. 4. The principal building and any subsequent additions to the building will be required to conform to the "rear" setback requirement. FINDINGS OF FACT • The Planning &Zoning Commission finds that the proposed text amendment: 1. Will enhance the effectiveness of the zoning ordinance; risik Page 3 of 4 ��.i OF Et.c Application Number 41-12 �` Annexation, Zoning, and Subdivision -� F. Development Application . �''.:.t 'x,11: ^. G Community Development Group �--'.'4 TED-v City of Elgin Subject Property Address City of Elgin (Attach Legal Description) Present Zoning N/A Property Size N/A acres/sq ft Applicant Applicant Name Sarosh B. Saher, AICP, Senior Planner, Community Development Dept. Address City of Elgin, 150 Dexter Court, Elgin, IL 60120 Primary Contact Sarosh Saher Day Phone 847-931-5943 Fax 849-931-6790 E-mail saher_s @cityofelgin.org Owner Owner Name N/A Day Phone N/A Address N/A Requested ❑Annexation Action(s) ❑Annexation Agreement ❑Variation (Specify Section) ❑Map Amendment (Specify Requested Zoning) ❑ Conditional Use (Specify Use) ❑Planned Development (Specify Requested Zoning) ❑ Master Concept Plan 0 Text Amendment (Specify Section) Amend 19.12 - Obstructions in Rear Yards ❑Preliminary Plat of Subdivision ❑Final Plat of Subdivision ❑Conceptual Plan Review ❑Appeal (Specify) AN Equipment Please indicate if you intend to use the following during the Public Hearing: ❑ Overhead projector ❑ PowerPoint presentation 1 1 S62105E 2 STATE OF ILLINOIS ) SS. 3 COUNTY OF K A N E ) 4 BEFORE THE PLANNING AND ZONING COMMISSION 5 OF THE CITY OF ELGIN 6 7 In Re the Matter of: ) 8 Proposed Text Amendment to ) No. 41-12 the Elgin Municipal Code; ) 9 Accessory Structure ) Encroachments . ) 10 11 12 13 REPORT OF PROCEEDINGS had at the hearing of 14 the above-entitled matter before the Planning and 15 Zoning Commission of the City of Elgin in the 16 Elgin Municipal Building, Second Floor, 17 150 Dexter Court, Elgin, Illinois, on 18 December 3, 2012, at the hour of 7 :41 p.m. 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting . com - 800 . 232 . 0265 REPORT OF PROCEEDINGS - - 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 3 1 CHAIRMAN SILJESTROM: Moving ahead, 2 the next one is Petition 41-12, to permit 3 accessory structures attached to the principal 4 building to encroach into the rear yard setback. 5 Mr. Secretary, do you have evidence of 6 proper notice? 7 MR. SAHER: Yes, we do. 8 CHAIRMAN SILJESTROM: And do you have 9 any indication of interested parties? 10 MR. SAHER: Not at this time. 11 Thank you. 12 CHAIRMAN SILJESTROM: All right. 13 Then would you give us a brief summary of what 14 this is about and what the issues are that we are 15 to consider. 16 MR. SAHER: Thank you. And I ' ll keep 17 it brief on this amendment. 18 This is an issue that the Planning and 19 Zoning Commission is relatively familiar with. 20 In fact, six times familiar with. 21 We've had requests from property owners of 22 a number of new subdivisions that have smaller 23 lots with larger homes on them requesting 24 features such as balconies, which are typically emb-- SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 5 1 rather than "30 feet" in the third paragraph from 2 the top. In the case of a 20-foot rear yard 3 setback, the encroachment has been 12 feet. 4 In the six or seven years that we have 5 granted these departures, we have not really 6 seen any concern from neighbors or complaints 7 from neighbors that these decks feel like they 8 have substantially increased the bulk in a 9 negative way. 10 This amendment would also allow for more 11 utility of people' s backyards and, also, provide 12 for a better quality of life and improvement of 13 property values. 14 Therefore, staff is recommending approval. 15 CHAIRMAN SILJESTROM: Mr. Secretary, 16 haven't we dealt with this item, this issue, many 17 times in the past on an individual basis? 18 MR. SAHER: Yes, on an individual 19 basis, six times before for six -- actually, for 20 five subdivisions. One of the subdivisions, 21 Bowes Creek Country Club, came back for a second 22 amendment for different types of features. 23 And if you want, I can talk about them very 24 quickly. SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS - - 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 7 1 Ms . Awe. 2 MEMBER AWE: None. 3 CHAIRMAN SILJESTROM: Ms. Morales. 4 MEMBER SALAZAR: None. 5 CHAIRMAN SILJESTROM: Ms. Kruger. 6 MEMBER KRUGER: I just have one 7 comment, that we have had quite a few of these 8 come in front of us, and every time we've granted 9 approval, and every time we have -- as you 10 said -- a better quality of life, that people 11 were very excited and they were willing to build 12 something else besides -- you know, to grow their 13 property value. 14 So I think this is very good. 15 CHAIRMAN SILJESTROM: Mr. Pedote. 16 MEMBER PEDOTE: It ' s about time. 17 Thank you for bringing this tonight. 18 CHAIRMAN SILJESTROM: Okay. Then 19 the Chair will entertain a motion with regard 20 to 41-12 . 21 MEMBER KRUGER: I move to approve -- 22 or I move to recommend that City Council approve 23 Petition 41-12 subject to the conditions outlined 24 within our packet and to adopt as the findings of SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 Ordinance No. G6-13 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PERMIT CERTAIN ACCESSORY STRUCTURES ATTACHED TO THE PRINCIPAL BUILDING TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK WHEREAS, written application has been made to permit certain Accessory Structures attached to the Principal Building to encroach into the Required Rear Yard Setback; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the City Council with a recommendation for approval; and WHEREAS, the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.12.600 of the Elgin Municipal Code, 1976, as amended, entitled "Obstructions in Yards", Subsection F thereof entitled "Rear Yard" be and is hereby further amended by adding the following sections thereto to read as follows: "9. Architectural: Balconies, encroaching no more than 15 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 40 feet; encroaching no more than 12 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 20 feet and no greater than 39 feet; this requirement being restricted only to those lots that have topography resulting in lookout or walkout basements, and for these accessory structures to be constructed at the main floor level (first floor); and subject to the provisions for land use of the zoning district in which it is located. 10. Architectural: Pergolas, screened-in porches, sunroom additions and retractable awnings that are attached to the principal building. encroaching no more than 15 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 40 feet; encroaching no more than 12 feet into the required "building" [SR] "setback" [SR] from the "rear lot line" [SR], for lots with a rear building setback of no less than 20 feet and no greater than 39 feet; this requirement being restricted only to those lots that back r up to permanent open space; and subject to the provisions for land use of the zoning district in which it is located." Section 2. That the remaining subsections under Section 19.12.600 of the Elgin Municipal Code, 1976, as amended, entitled "Obstructions in Yards", Subsection F thereof entitled"Rear Yard"be renumbered in sequence. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. At eiAA• David J. Ka.%"in, 'yor Presented: January 23, 2013 Passed: January 23, 2013 Omnibus Vote: Yeas: 7 Nays: 0 • . Recorded: January 23, 2013 0, F, Published: January 25, 2013 ' •' °R85F10"',Nis ; Attest: ! �t .6144/6tf,a,/ .6/1,44 if L'c); Kimberly Dewis, City Clerk 11 1!' 1„F '+ - 2 - December 3,2012 PLANNING AND ZONING COMMISSION Recommendation and Findings of Fact on the Proposed Text Amendment to Permit Accessory Structures Attached to the Principal Building to Encroach into the Required Rear Yard Setback Community Development Department City of Elgin,Illinois OVERVIEW Approval of an amendment to the text of the Zoning Ordinance to permit Accessory Structures attached to the Principal Building to encroach into the Required Rear Yard Setback. GENERAL INFORMATION Petition No.: 41-12 RECOMMENDATION: APPROVE (see Recommendation Detail) Applicant: City of Elgin Staff Coordinator: Sarosh Saher, AICP; Senior Planner History: After due notice as required by law, the Planning and Zoning Commission held a public hearing and considered Petition 41-12 on December 3, 2012. The city as applicant submitted a Text Amendment Review dated December 3, 2012 and testified at the public hearing. List of Exhibits: A. Draft Ordinance with proposed language to amend Section 19.12.600.F: Obstructions in Rear Yards B. Transcript BACKGROUND In the past decade, the west side of Elgin experienced a significant amount of residential construction that was approved within planned subdivisions. The developers of these subdivisions used the opportunity to maximize the area of residential homes to their ` setback lines leaving little or no room for accessory structures such as balconies, screened- Findings of Fact Planning &Zoning Commission Petition 41-12 December 3, 2012 in porches, sunroom additions, pergolas and retractable awnings to be constructed at the rear of these homes. This has resulted in numerous homeowners requesting setback variations to be able to construct these accessory structures. But because the ordinance requires that a variation not be granted if the condition necessitating the variation is prevalent on more than one lot within the subdivision, the city has been required to amend the ordinances of these subdivisions to allow for these structures to encroach into the rear yard setback. The encroachment of balconies was typically restricted to lots that had topography resulting in lookout or walkout basements having elevated decks that exceeded four feet in height. The zoning ordinance defines a yard as "any portion of a zoning lot, which is unobstructed from the ground upward." Yards are delineated by the lot line and foundation of the principal building on the zoning lot. The ordinance is specific in calling out the type of obstruction that is permitted in each yard. The ordinance also defines a(building) setback as "The horizontal distance along a straight line between a "street,", "street lot line," or "interior lot line, and a "structure," or "building." Building setbacks are further called out as setbacks from a specific lot line such as the "street," "side" or "rear" lot line, or the setback from an "interior" lot line. In most cases, the dimension of the setback from an "interior" lot line is less than that of a setback from a"side" or"rear" lot line. With particular reference to the rear yard, the zoning ordinance allows for certain obstructions such as decks open to the sky below 4 feet in height, patios, and accessory structures such as arbors, sheds and pergolas that are not attached to the principal building to be built within the setback from a "rear" lot line, as long as they do not encroach into the setback from the "interior" lot line. Balconies (any deck that exceeds four feet in height) and accessory structures that are attached to the principal building are required to meet the standard setback from a "rear" lot line, because the height and mass of these structures has a more significant impact in the rear yard and the adjoining properties. The following subdivisions have had their ordinances amended to allow for the encroachment of accessory structures into the rear yard setback: 1. Shadow Hill Subdivision (2006) — ordinance was amended to allow balconies to encroach into the rear yard setback to a maximum of 10 feet on a 40 foot setback. 2. Copper Springs Subdivision (2007) —ordinance was amended to allow balconies to encroach into the rear yard setback to a maximum of 10 feet on a 40 foot setback. 3. Remington Meadows Subdivision (2007) — ordinance was amended to allow balconies to encroach into the rear yard setback to a maximum of 9 feet on lots with a 40 foot rear yard setback. 4. Bowes Creek Country Club Subdivision (2009) — ordinance was amended to allow balconies to encroach into the rear yard setback to a maximum of 15 feet on lots with a 40 foot rear yard setback, and 12 feet on lots with a 20 foot rear yard setback. Page 2 of 4 Findings of Fact Planning& Zoning Commission Petition 41-12 December 3, 2012 r 5. Edgewater Subdivision (2011) — ordinance was amended to allow accessory structures such as screened-in porches, sunroom additions and pergolas attached to the house to encroach into the rear yard setback to a maximum of 12 feet on lots with a 20 foot rear yard setback. The departure was granted only to lots backing up to permanent open space. 6. Bowes Creek Country Club Subdivision Active Adult Component (2012) — ordinance was amended to allow pergolas, retractable awnings and other similar structures attached to the house to encroach up to 12 feet on lots with a 20 foot rear yard setback. In the six years that these departures have been granted, the city has not been made aware of any concerns from neighbors that these properties back up to. The city continues to receive requests from residents for these departures within subdivisions whose ordinances have not been amended. The Planning and Zoning Commission recommends that accessory structures be allowed to encroach to a maximum distance of no more than 15 feet on lots with a rear yard setback of no less than 40 feet, and 12 feet on lots with a setback of no less than 30 feet. The amendment will be accompanied with the following conditions: 1. With reference to balconies, and any accessory structures such as pergolas and r retractable awnings constructed on the balconies, the requirement will be restricted only to those lots that have topography resulting in lookout or walkout basements, and only allow for these accessory structures to be constructed at the main floor level (first floor), and not be permitted at the second floor level. 2. With reference to pergolas, screened-in porches, sunroom additions and retractable awnings that are attached to the principal building, but where the topography is at the level of the main floor, the requirement will be restricted to those lots that back up to permanent open space. 3. The accessory structures will be required to conform to the "interior" setback requirements on the lot, unless exceptions are currently granted within the ordinance. 4. The principal building and any subsequent additions to the building will be required to conform to the "rear" setback requirement. FINDINGS OF FACT The Planning &Zoning Commission finds that the proposed text amendment: 1. Will enhance the effectiveness of the zoning ordinance; rrik Page 3 of 4 Findings of Fact Planning&Zoning Commission Petition 41-12 December 3, 2012 .4.1") 2. Will provide residential property owners with the ability to construct these structures in a utilizable dimension, thereby serving the practical purpose of providing outdoor recreation and shade, while adding additional appeal and value to their homes; 3. Will have minimal impact on the surrounding built environment; and 4. Will not adversely affect the city's ability in enforcing regulations regarding accessory structures on residential lots. RECOMMENDATION DETAIL The Planning and Zoning Commission hereby recommends the approval of Petition 41-12. On a motion to recommend approval of Petition 41-12,the vote of the Planning and Zoning Commission was five(5) yes and zero (0)no. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/David Waden David Waden, Secretary Planning and Zoning Commission Page 4 of 4 ,` t OF Et.0. Application Number 41-12 Annexation, Zoning, and Subdivision - =` Development Application =L � Community Development Group Op ‘4 P.3r City of Elgin Subject Property Address City of Elgin (Attach Legal Description) Present Zoning N/A Property Size NIA acres/sq ft Applicant Applicant Name Sarosh B. Saher, AICP, Senior Planner, Community Development Dept. Address City of Elgin, 150 Dexter Court, Elgin, IL 60120 Primary Contact Sarosh Saher Day Phone 847-931-5943 Fax 849-931-6790 E-mail saher_s@cityofelgin.org Owner Owner Name N/A Day Phone N/A Address N/A Requested ❑Annexation Action(s) ❑Annexation Agreement ❑Variation (Specify Section) ❑Map Amendment (Specify Requested Zoning) ❑Conditional Use (Specify Use) ❑Planned Development (Specify Requested Zoning) ❑ Master Concept Plan 51 Text Amendment (Specify Section) Amend 19.12 - Obstructions in Rear Yards ❑Preliminary Plat of Subdivision ❑Final Plat of Subdivision ❑Conceptual Plan Review ❑Appeal (Specify) AN Equipment Please indicate if you intend to use the following during the Public Hearing: ❑ Overhead projector ❑ PowerPoint presentation (If applicable:Properties within a Historic District must give the Heritage Commission 30 Days notice prior to Public Hearing) Application Fee Schedule Annexation Preliminary Plat of Subdivision o$3,660.00 Property Less Than 10 Acres o$6,885.00 Property Less Than 10 Acres o$4,890.00 Property 10-99.99 Acres o$9,495.00 Property 10-99.99 Acres ❑$6,085.00 Property 100+Acres 0$9,745.00 Property 100+Acres Annexation Agreement Review Fee Map Amendment o$ 1,230.00 Property Less Than 10 Acres o$ 800.00 Property Less Than 10 Acres o$6,085.00 Property 10-99.99 Acres o $ 1,100.00 Property 10-99.99 Acres o$ 12,170.00 Property 100+Acres o$ 1,460.00 Property 100+Acres Planned Developments Variation o$ 1,035.00 As a Conditional Use o$250.00 Property Less Than 10,000 sq.ft. o$ 1,715.00 As a Map Amendment o$800.00 Property Greater Than 10,000 sq.ft Master Concept Plan Text Amendment o$ 1,715.00 Property of any size o$500.00 Text Amendment Conditional Use Final Plat o$800.00 Property of any size o$605.00 Appeal Publishing Deposit o $ 125.00 All Appeals o$240.00 Deposit for Impact Assessment Hearing Sign Deposit o$3,515.00 o$ 145.00 Sign/ Total Number of Signs Conceptual Plan Review* Transcript Deposit o $300.00 Property Less Than 5 Acres o$240.00 Amendment,Conditional Use,MCP o$615.00 Property 5-99.99 Acres o$ 125.00 Variation or Appeal o$ 1,230.00 Property 100+Acres *no conceptual review fee shall be required for residential variations Escrow Account Fees o Preliminary Engineering Review Fee(Based on 1.5%of Estimated Preliminary Engineering Costs) o Stormwater Management Review Fee(Based on 2%of Stormwater Management Costs) Office Use Only Application Fee/PN010-0000-563-0000 N/A Date Received Transcript Fee/ PN010-0000-237-0400 N/A Received By Sign Deposit / PN010-0000-237-0400 N/A Publishing Dep./PN010-0000-237-0400 N/A Impact Deposit/PN010-0000-237-0400 N/A Total Fees N/A I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. I authorize employees of the City Of Elgin to enter onto the property for the purposes of preparing the application review and taking site photographs. Applicant/Agent signature Owner signature 4"1111) (If other than owner) F:\Code Admin\DS Division\Forms\Application Forms\201 I -Development Application.docx Updated.January 3,2011 1 1 S62105E 2 STATE OF ILLINOIS ) SS. 3 COUNTY OF B A N E ) 4 BEFORE THE PLANNING AND ZONING COMMISSION 5 OF THE CITY OF ELGIN 6 7 In Re the Matter of: ) 8 Proposed Text Amendment to ) No. 41-12 the Elgin Municipal Code; ) 9 Accessory Structure ) Encroachments. ) 10 11 12 13 REPORT OF PROCEEDINGS had at the hearing of 14 the above-entitled matter before the Planning and 15 Zoning Commission of the City of Elgin in the 16 Elgin Municipal Building, Second Floor, 17 150 Dexter Court, Elgin, Illinois, on 18 December 3, 2012, at the hour of 7 :41 p.m. 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 .232 . 0265 2 'all 1 PRESENT: 2 MR. ROBERT SILJESTROM, Chairman; 3 MS. CHRISTINE AWE, Member; 4 MS. BETH A. KRUGER, Member; 5 MS. EMI (MORALES) SALAZAR, Member; and 6 MR. ANTHONY PEDOTE, Member. 7 ALSO PRESENT: 8 MR. WILLIAM A. COGLEY, Corporation Counsel; 9 MR. MARC MYLOTT, Community Development Director; 10 MR. SAROSH SANER, Planning Manager; and 11 MR. DAVE WADEN, Senior Planner. 12 13 14 15 16 17 18 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS - - 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 3 1 CHAIRMAN SILJESTROM: Moving ahead, 2 the next one is Petition 41-12, to permit 3 accessory structures attached to the principal 4 building to encroach into the rear yard setback. 5 Mr. Secretary, do you have evidence of 6 proper notice? 7 MR. SAHER: Yes, we do. 8 CHAIRMAN SILJESTROM: And do you have 9 any indication of interested parties? 10 MR. SAHER: Not at this time. 11 Thank you. 12 CHAIRMAN SILJESTROM: All right. 13 Then would you give us a brief summary of what 14 this is about and what the issues are that we are 15 to consider. 16 MR. SAHER: Thank you. And I 'll keep 17 it brief on this amendment. 18 This is an issue that the Planning and 19 Zoning Commission is relatively familiar with. 20 In fact, six times familiar with. 21 We've had requests from property owners of 22 a number of new subdivisions that have smaller 23 lots with larger homes on them requesting 24 features such as balconies, which are typically SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 °mil) 4 1 defined as decks greater in height than 4 feet 2 above grade, or pergolas, awnings, or other types 3 of accessory structures constructed on these 4 balconies or at the rears of homes to be able to 5 encroach into the rear building setback on the 6 property. 7 This has come about because developers over 8 the years, particularly on the west side in our 9 planned developments, have maximized the 10 buildable area on their lot and constructed homes 11 that pretty much occupy all the buildable area. 12 We have seen a number of subdivisions, such 13 as Shadow Hill, Copper Springs, Bowes Creek 14 Country Club, and Edgewater, come forward with 15 modifications to the planned development 16 ordinance to allow for encroachments. The 17 encroachments have typically been in the form of 18 two types, based on the depth of the rear yard 19 setback. 20 In cases where the rear yard setback has 21 been 40 feet, we have granted an encroachment of 22 up to 15 feet into the rear yard setback. Where 23 the rear yard setback is 20 feet -- and on page 3 24 of my staff report, please read that as "20 feet" SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS - - 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 5 1 rather than "30 feet" in the third paragraph from 2 the top. In the case of a 20-foot rear yard 3 setback, the encroachment has been 12 feet. 4 In the six or seven years that we have 5 granted these departures, we have not really 6 seen any concern from neighbors or complaints 7 from neighbors that these decks feel like they 8 have substantially increased the bulk in a 9 negative way. 10 This amendment would also allow for more 11 utility of people' s backyards and, also, provide 12 for a better quality of life and improvement of 13 property values. 14 Therefore, staff is recommending approval. 15 CHAIRMAN SILJESTROM: Mr. Secretary, 16 haven' t we dealt with this item, this issue, many 17 times in the past on an individual basis? 18 MR. SAHER: Yes, on an individual 19 basis, six times before for six -- actually, for 20 five subdivisions. One of the subdivisions, 21 Bowes Creek Country Club, came back for a second 22 amendment for different types of features . 23 And if you want, I can talk about them very 24 quickly. rft. SONNTAG REPORTING SERVICE, LTD. sonntagreporting . com - 800 . 232 . 0265 REPORT OF PROCEEDINGS - - 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 6 1 The first -- the typical request is for a 2 balcony coming out from the main floor, which is 3 the first floor, coming out 12 feet in the case 4 of a lookout or a walkout basement. 5 The other issue is for features such as 6 awnings, sunrooms, pergolas that are attached to 7 the building and constructed on these balconies 8 to be allowed to encroach, along with the 9 balcony, into the rear setback. 10 In the second case, we 've had features such 11 as pergolas, screened-in porches, sunroom 12 additions, and retractable awnings which are 13 constructed at grade to be allowed to encroach 14 into the rear yard setback but only to properties 15 that back up to open space. 16 So that is going to be our recommendation, 17 that if these features are attached to the 18 building but constructed at grade, they will only 19 be allowed on properties that back up to open 20 space, and this was based on the approval that we 21 granted for Edgewater recently. I think it was 22 last year. 23 CHAIRMAN SILJESTROM: Questions or 24 comments for staff? SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS - - 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 7 1 Ms. Awe. 2 MEMBER AWE: None. 3 CHAIRMAN SILJESTROM: Ms. Morales. 4 MEMBER SALAZAR: None. 5 CHAIRMAN SILJESTROM: Ms. Kruger. 6 MEMBER KRUGER: I just have one 7 comment, that we have had quite a few of these 8 come in front of us, and every time we've granted 9 approval, and every time we have -- as you 10 said -- a better quality of life, that people 11 were very excited and they were willing to build 12 something else besides -- you know, to grow their 13 property value. 14 So I think this is very good. 15 CHAIRMAN SILJESTROM: Mr. Pedote. 16 MEMBER PEDOTE: It 's about time. 17 Thank you for bringing this tonight. 18 CHAIRMAN SILJESTROM: Okay. Then 19 the Chair will entertain a motion with regard 20 to 41-12 . 21 MEMBER KRUGER: I move to approve -- 22 or I move to recommend that City Council approve 23 Petition 41-12 subject to the conditions outlined 24 within our packet and to adopt as the findings of SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 REPORT OF PROCEEDINGS -- 12/03/2012 ACCESSORY STRUCTURES, NO. 41-12 4"1") 8 1 the Commission those findings also provided 2 within our packet. 3 MEMBER PEDOTE: Second. 4 CHAIRMAN SILJESTROM: Any discussion? 5 (No response. ) 6 CHAIRMAN SILJESTROM: Secretary, 7 please call the roll. 8 MR. WADEN: Ms. Awe. 9 MEMBER AWE: Yes. 10 MR. WADEN: Ms. Kruger. 11 MEMBER KRUGER: Yes. 12 MR. WADEN: Ms. Morales. 13 MEMBER MORALES: Yes. 14 MR. WADEN: Mr. Pedote. 15 MEMBER PEDOTE: Yes. 16 MR. WADEN: Chairman Siljestrom. 17 CHAIRMAN SILJESTROM: Yes. 18 This concludes our consideration of 19 Petition 41-12. 20 (Which were all the proceedings 21 had in the above-entitled matter 22 at the hour of 7:46 p.m. ) 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 9 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) 3 4 I, MELANIE L. HUMPHREY-SONNTAG, 5 Certified Shorthand Reporter No. 084-004299, CSR, 6 RDR, CRR, CCP, FAPR, and a Notary Public in and 7 for the County of DuPage, State of Illinois, do 8 hereby certify that I reported in shorthand the 9 proceedings had in the above-entitled matter and 10 that the foregoing is a true, correct, and 11 complete transcript of my shorthand notes so 12 taken as aforesaid. 13 IN TESTIMONY WHEREOF I have hereunto set my raw 14 hand and affixed my Notarial Seal this 10th day 15 of December, 2012 . 16c ,; 17 18 � Certified Sh- and Reporter Registered Diplomate Reporter 19 Certified Realtime Reporter Certified CART Provider 20 Fellow of the Academy of Professional Reporters 21 22 My commission expires March 9, 2014 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265