Peoria Standard

Peoria County Zoning Board of Appeals met January 11.

Here is the minutes provided by the Board:

A meeting of the Peoria County Zoning Board of Appeals was held on Thursday January 11, 2018, in Room 403 of the Peoria County Courthouse, 324 Main Street, Peoria, Illinois. The meeting was called to order by Chairperson William O’Brien at 9:00 a.m.

Present: William O'Brien, Loren Bailliez, Jim Bateman, Justin Brown, Greg Fletcher, Andrew Keyt, Greg Happ

Absent: Linda O’Brien, John Harms

Staff: Corbin Bogle - Planner I

Kathi Urban – Director

Alex Kurth – Civil Assistant State’s Attorney

Ellen Hanks - ZBA Administrative Assistant

Mr. O’Brien took a moment to introduce the newest member of the Zoning Board of Appeals, Mr. Greg Happ. Mr. Fletcher made a motion to approve the corrected minutes from December 14, 2017 and was seconded by Mr. Keyt. A vote was taken and the motion was approved; (7-0)

Case No. 001-18-V at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of Scott Perkins, acting on his own behalf, a Variance request from Section 20- 5.13.3.4 of the Unified Development Ordinance, which requires that for lots and parcels in residentially zoned districts, the total floor area of all accessory buildings, attached or detached, shall not exceed the footprint of the principal structure or 1,300 square feet, whichever is less, plus 750 square feet for a private garage. The petitioner proposes to construct a 1,492 square feet accessory structure in the “R-2” Medium Residential Zoning District, which would result in a variance request of 302 square feet from the allowable square footage.

Ms. Urban opened the case. There are 0 consents and 0 objections on file. The case was published in the Peoria Journal Star on December 11, 2017 and the Limestone Independent News on December 13, 2017. Corbin Bogle gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Rural and Environmental Corridor). The site plan and one video of the property were shown. The property is zoned R-2.

Scott Perkins of 9530 W. Buckingham Ct., Mapleton, was sworn in. Mr. Perkins stated that he would like to build a garage in order to store his boat and other cars inside. Mr. Perkins added that his boat is 33 feet in length, so he needs a garage that is longer to sufficiently store it. Mr. Perkins also stated that he was recently married and is working on consolidating all the items he and his wife own. Mr. Perkins further stated that Lake Camelot had approved the request for the building.

Mr. Bailliez asked if the exterior of the garage would match the house, and Mr. Perkins responded that it would. Mr. Bailliez then asked if the existing driveway would be used to access the proposed garage, and Mr. Perkins responded that they would be putting in a separate driveway for the proposed building. Mr. Bailliez asked if the Lake Camelot Home Owners’ Association was aware of this, and Mr. Perkins responded that they had approved the use of a new driveway for the proposed building. Mr. Perkins stated that the whole project had been reviewed and approved by the Lake Camelot ECC. Mr. Bailliez asked if Mr. Perkins had spoken with his neighbors about the project, and Mr. Perkins responded that he had. Mr. Perkins added that none of his neighbors objected to the request.

No further questions or comments were made. Mr. Bailliez made a motion to close and deliberate and was seconded by Mr. Bateman. A vote was taken and the motion passed; (7-0).

Findings Of Fact For Variances

Section 20-3.7.3

The findings of the ZBA or the Zoning Administrator shall be based on data submitted pertaining to each standard in this Subsection as it relates to the development. A variance shall be granted only if the applicant demonstrates:

1. That the plight of the owner is due to unique circumstances;

• The petitioner is requesting a variance from Section 20-5.13.3.4 of the Unified Development Ordinance, which requires that for lots and parcels in residentially zoned districts, the total floor area of all accessory structures, attached or detached, shall not exceed the footprint of the principal structure or 1,300 square feet, whichever is less, plus 750 square feet for a private garage. The petitioner proposes to construct a 1,492 square foot accessory structure in the “R-2” Medium Residential Zoning District, which would result in a variance request of 302 square feet from the allowable square footage. The petitioner wants to be able to store a 9’ x 32’ boat and trailer in a garaged area to protect them from the elements as well as enhance the appearance of his property with everything under one roof. There is still a significant amount of open area and setbacks even with the approval of this variance request.

2. That the variation, if granted, will not alter the essential character of the locality;

• The height of the garage is below the height of the house and will be built of the same material as the house. The proposed garage will be built to the side of the principal structure. The proposed garage was approved by the Lake Camelot Homeowner’s Association. The current land use is Residential. Zoning classification is R-2 in all directions.

3. That because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out;

• The size and shape of the proposed garage will not create any kind of setback problem.

4. That the conditions upon which the petition for a variation are based are unique to the property for which the variance is sought and are not applicable, generally, to other property;

• Refer to #1, 2, and 3.

5. That the granting of the variation will not be detrimental to the public health, safety, comfort, morals and welfare, or injurious to other property or improvements in the neighborhood in which the property is located, or otherwise be inconsistent with any officially adopted County plan or these regulations;

• The variance will not be detrimental to the public health, safety, comfort, morals and welfare, or injurious to other property because the proposed garage will be built with the same quality and type of materials used in the construction of the main structure.

• There are 0 consents and 0 objections to the petitioner’s request.

• The Limestone Planning Commission unanimously approved the petitioner’s variance request at their December 26, 2017 meeting.

6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood;

• The supply of light will not be significantly altered. Changes to air flow would not be noticeable. The structure will not increase the danger of fire or substantially diminish the public safety or diminish property values because it will eliminate the need for outside storage of the petitioner’s boat and trailer, thus improving the appearance of the petitioner’s property and enhancing the neighborhood. 7. That the variance granted is the minimum adjustment necessary for the reasonable use of the land; and

• This is the minimum amount of space necessary to store the petitioner’s boat, trailer, and other vehicles that are currently parked in the street and driveway. This request will also enhance the petitioner’s property and the neighborhood by removing visible clutter.

8. That aforesaid circumstances or conditions are such that the strict application of the provisions of this Section would deprive the applicant of reasonable use of his or her land.

• Refer to standards #1, 2, 3, 4, 5, 6, and 7.

Mr. Bateman made a motion to approve the findings of fact and was seconded by Mr. Fletcher. Seven affirmative votes; (7-0). Mr. Fletcher made a motion to approve the variance request and was seconded by Mr. Bailliez. Seven affirmative votes; (7-0).

Case No. 002-18-U at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of Jason Bird, acting on behalf of James C. & Debra L. Bird (owners), a Special Use as required in Section 20.6.1.1.b of the Unified Development Ordinance. This section allows for a special use when a proposed land split does not meet the 40 acre minimum lot size in the A- 1 Agricultural Preservation Zoning District. The petitioner proposes to divide 21 acres from an existing 76.84 acre parcel in order to construct a single family dwelling.

Ms. Urban explained that an error in the publication of the case required it to be continued so that it could be correctly published. Ms. Urban suggested continuing the case to February 8, 2018 at 9:00 a.m. Mr. Fletcher made a motion to continue the case to February 8th at 9:00 a.m. and was seconded by Mr. Bateman. A vote was taken and the motion passed; (7-0).

Miscellaneous:

Mr. O’Brien took a moment to thank Ms. Urban, staff, and the members of the board for their time, efforts, and organization to make the Zoning Board such a wonderful experience. Mr. O’Brien wished everyone the best and added that the board would be in good hands with Mr. Bailliez serving as chairman until a chairman was officially appointed by the County Board. Mr. Fletcher and Ms. Urban thanked Mr. O’Brien for his service to the board.

No further questions or comments were made. Mr. Bailliez made a motion to adjourn and was seconded by Mr. Bateman. A vote was taken and the motion passed; (7-0).

Meeting adjourned 9:18 a.m.

http://www.peoriacounty.org/AgendaCenter/ViewFile/Minutes/_01112018-467