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Home My WebLink About220920 PZ full packet ____________________________________________________________________________ Page 1 of 1 Planning and Zoning Commission Agenda Special Meeting – 5:30 p.m. City Council Chambers September 20, 2022 A G E N D A Approve Minutes of the September 1, 2022 special meeting Update Past Planning and Zoning Commission items. Receive General citizen comments. PZ‐22‐0901 Public Hearing Variance of fence – 1190 Florence Ave PZ‐22‐0902 Public Hearing Variance of side yard – 1545 E Losey St COMMISSION MEMBERS: PLEASE NOTIFY ME IF YOU ARE UNABLE TO ATTEND AT 345‐3619. cc: Mayor Alderpersons (7) City Manager City Attorney/Administrative Services Director Fire Chief Deputy City Clerk Director of Public Works City Engineer Information Systems Supervisor Executive Secretary Construction Inspectors (3) File Copy Buildings & Grounds News Media (7) Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION SPECIAL MEETING COUNCIL CHAMBERS OF GALESBURG CITY HALL Tuesday, September 1, 2022 at 5:30 p.m. MEMBERS PRESENT: Bill Johnson, Ardennia Leahy, Steve McKelvie, Neil Thomas, David Uhlmann, 5. MEMBERS ABSENT: Mark Lee, 1. OTHERS PRESENT: Stephen Gugliotta AICP-Director of Community Development and Wayne Carl – Interim City Manager. Chairman declared quorum present. Approve Minutes of the July 19, 2022 meeting Member Thomas moved to approve the minutes, seconded by Member McKelvie. Minutes were approved by voice vote. Update Past Planning and Zoning Commission items • Zoning Amendment for Graham Hospital at 1156 N Seminary St. to go from R1B, Single-Family to B1 Neighborhood Business District. At the July 18th Council meeting, they approved the zoning amendment. • Ordinance Amendment regarding murals was approved by Council at their August 15th meeting. Receive Citizen Comment None Received. PZ-22-0801 Public Hearing Variance of side yard setback, located at 658 S Elm St The applicant stated he spoke with neighbors and nobody had any concerns about the proposed carport location. He also stated he intends on enclosing the carport at some point in the future. The Commission members considered the following items: • That the purpose of the variance is not based exclusively upon a desire to make more money out of the property; • That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; • The Development Review Committee reviewed the ordinance amendment at their August 3, 2022 meeting and recommended approval. Member McKelvie moved, seconded by Member Leahy to recommend approval of the setback variance. Page 2 of 2 Roll Call #1 Ayes: Johnson, Leahy, McKelvie, Thomas, Uhlmann, 5. Nays: None. Abstentions: None. Absent: Lee, 1. Chairperson declared the motion approved. There being no further business, the meeting adjourned at 5:35 p.m. ________________________ Steve Gugliotta, Director of Community Development COMMUNITY DEVELOPMENT DEPARTMENT Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 Planning and Zoning Commission Letter September 20, 2022 AGENDA ITEM: PZ-22-0901 Variance of Section 152.033 (F) (3) to allow a reduction of the fence cut off requirement when a rear yard abuts a side yard, located at 1190 Florence Ave (PIN 99-11-126-011). SUMMARY RECOMMENDATION: The Development Review Committee members reviewed the variance request during their September 7, 2022 meeting and recommend approval. BACKGROUND: Attached for the Commission’s review is a variance request of a fence requirement. The ordinance states that when corner lots have their rear yard abutting a side yard of an adjacent lot, the fence shall cut off a distance at least equal to the minimum front yard setback requirement. In this case, the front yard setback requirement is 25 feet. The ordinance allows two cut off options in situations like this, a 90 degree or 45 degree cut off (see images below). Section 152.019 (8) does allow for variances of fence regulations where the variance will benefit the applicant and will not be detrimental to the public health or safety or to the use, enjoyment or value of the property in the near vicinity. The applicant is requesting a variance to allow a privacy fence less than 7 feet tall to enclose the rear yard with no cut off requirement. The adjacent neighbor to the west does not have a driveway next to the proposed location of the fence, so visibility would not be a concern if a fence is installed as requested. Zoning Land Use North R1B, Single Family Residential West R1B, Single Family Residential East R1B, Single Family Residential South R1B, Single Family Residential SUPPORTING DOCUMENTS: 1. Criteria for variances 2. Aerial map, general location 3. Variance application cc: File Copy COMMUNITY DEVELOPMENT DEPARTMENT Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 (C) Standards for granting variances. (1) The Planning and Zoning Commission shall not vary the provisions of this chapter as authorized in this section unless it shall have made affirmative findings based upon the evidence presented to it in each of the following specific cases: (a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Applicants must submit evidence identifying the price paid for the property. Paying more for the property than it is worth, purchasing it at a price which anticipates and obtains variances, or showing that the property would be worth more if a variance is granted is not evidence of lack of a reasonable return; (b) That the situation of the owner is due to unique physical circumstances of the property; and (c) That the variance, if granted, will not alter the essential character of the neighborhood. (2) For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (a) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out; (b) That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification; (c) That the purpose of the variance is not based exclusively upon a desire to make more money out of the property; (d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property; (e) That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and (f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood. (3) The Planning and Zoning Commission may require conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this division (C) to reduce or minimize the injurious effect of the variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter. cc: File Copy EFremont St EFremont St FlorenceAve60181.5 695457.3 4 1 63 63.8 63 94.75 95 61.567.558.25 66 E FREMONT ST FLORENCE AVE9911126009714 EFREMONT ST9911126010 728 E FREMONT ST 9911126011 1190 FLORENCE AVE 9911126012 1180 FLORENCE AVE 9911126013 1168 FLORENCE AVE 99111270011193FLORENCE AVE99111270021179FLORENCE AVEÀR-1B Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community September 01, 2022 / 1190 Florence Ave 20 0 20 40 6010 Feet 1190 Florence Community Development Department Operating Under Council-Manager Government Since 1957 Fence variance - rear yard abutting side yard COMMUNITY DEVELOPMENT DEPARTMENT Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 Planning and Zoning Commission Letter September 20, 2022 AGENDA ITEM: PZ-22-0902 Variance of Section 152.068 F) 2) of a side yard setback, located at 1545 E Losey St (PIN 99-11-278-055). SUMMARY RECOMMENDATION: The Development Review Committee members reviewed the variance request during their September 7, 2022 meeting and based on the information provided in the application recommend approval. BACKGROUND: Attached for the Commission’s review is a variance request of a side yard setback. The carport was installed at some point after 2016 without a permit. Contact was made with the property owner and he agreed to submit a variance application for consideration. The property is located in the R1B, Single Family zoning district that requires a 5 foot side yard setback. Per section 152.019 a variance of a setback may be requested up to 30% of what is required. In this situation, the applicant is requesting a 1 1/2 foot variance to provide for a 3 1/2 foot setback, which is 30% of what is required. Zoning Land Use North R1B, Single Family Residential West R1B, Single Family Residential East R1B, Single Family Residential South R1B, Single Family Residential SUPPORTING DOCUMENTS: 1. Criteria for variances 2. Aerial map, general location 3. Variance application cc: File Copy COMMUNITY DEVELOPMENT DEPARTMENT Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 (C) Standards for granting variances. (1) The Planning and Zoning Commission shall not vary the provisions of this chapter as authorized in this section unless it shall have made affirmative findings based upon the evidence presented to it in each of the following specific cases: (a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Applicants must submit evidence identifying the price paid for the property. Paying more for the property than it is worth, purchasing it at a price which anticipates and obtains variances, or showing that the property would be worth more if a variance is granted is not evidence of lack of a reasonable return; (b) That the situation of the owner is due to unique physical circumstances of the property; and (c) That the variance, if granted, will not alter the essential character of the neighborhood. (2) For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (a) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out; (b) That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification; (c) That the purpose of the variance is not based exclusively upon a desire to make more money out of the property; (d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property; (e) That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and (f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood. (3) The Planning and Zoning Commission may require conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this division (C) to reduce or minimize the injurious effect of the variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter. cc: File Copy ArnoldStArnoldStELoseySt IrwinStNFarnhamStNFarnhamStELoseyStE LOSEY ST IRWIN STN FARNHAM STARNOLD ST9911277018 696 ARNOLD ST 9911277019 676 ARNOLD ST 9911277025 1497 E LOSEY ST 9911278017 693 ARNOLD ST 9911278018 675 ARNOLD ST 9911278019 665 ARNOLD ST 9911278020 649 ARNOLD ST 9911278042 668 N FARNHAM ST 9911278045 1531 E LOSEY ST 9911278046 1539 E LOSEY ST 9911278049 1571 E LOSEY ST 9911278050 1581 E LOSEY ST 9911278051 1591 E LOSEY ST 9911278052 1513 E LOSEY ST 9911278053 1521 E LOSEY ST 9911278054 690 N FARNHAM ST 9911278055 1545 E LOSEY ST 9911278056 1559 E LOSEY ST 9911428001 597 ARNOLD ST 9911428002 585 ARNOLD ST 9911428009 588 IRWIN ST 9911428010 578 IRWIN ST 9911429001 591 IRWIN ST 9911429002 577 IRWIN ST 9911429010 582 N FARNHAM ST 9912151015991215101699121510179912301001547 N FARNHAM STÀI ÀI ÀR-1B Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community September 01, 2022 / 1545 E Losey St 40 0 40 80 12020 Feet 1545 E Losey St Community Development Department Operating Under Council-Manager Government Since 1957 Side yard setback variance · /Y}rch '?.,_/ '1--/(e ,,AI/ £/J~ J5 l-J5 £, Los e y S:~ ~ks)Cf/'-/ f'/_ ~/CJ()/ P,rrl ~ C)CJ /I J 7 <;>oss ;53c; f