Zoning Board of Appeals
Village of Lombard
Meeting Minutes
John DeFalco, Chairperson |
Mary Newman, Eugene Polley, |
Staff Liaison: William Heniff |
7:30 PM
Village Hall Board Room
Wednesday, April 28, 2004
Call to Order
Vice Chairperson Polley called the meeting to order at 7:30 p.m.
Roll Call of Members
Mary Newman, Eugene Polley, Greg Young and Ed Bedard
Present:
Chairperson John DeFalco and Val Corrado
Absent:
The following staff member was present: William Heniff, AICP, Senior Planner.
Public Hearings
040052
ZBA 04-04: 53 W. Ethel (Continued from March 24, 2004) (Request to Withdraw) |
Requests a variation from Section 155.406 (F)(3) of the Zoning Ordinance to reduce the |
interior side yard setback from six (6) feet to four (4) feet to allow for the enclosure of an |
existing carport and a second story addition to an existing single family residence. |
This petition was withdrawn by the petitioner. The Zoning Board of Appeals accepted |
the withdrawal. |
040125
D. ZBA 04-02: 211 W. Maple (Waiver of First Requested) Requests a variation to |
Section 155.406 (F)(4) of the Lombard Zoning Ordinance to reduce the required rear |
yard setback from thirty-five feet (35') to thirteen feet (13') to allow for the construction |
of a residential addition in the R2 Single-Family Residence District. The petitioner is |
requesting a waiver of first reading. (DISTRICT #1) |
The petitioner, James Colby, owner of the subject property, stated that they are |
proposing to expand their house to include a kitchen addition. The proposed addition |
will meet the Village's side yard setback provisions but as the lot is only 83 feet deep, |
relief to their rear yard is required. In addition to referencing the site plan for the |
property, they also provided concept architectural plans depicting the proposed |
improvements to the house. The addition will not further decrease the setback on the |
property - the house will remain thirteen feet off the rear property line. He noted that he |
tried to keep the architectural flavor of the house and of the neighborhood. |
They noted that the back portion of the property is now owned by St. John's Church and |
School. Their lot was created as part of a resubdivision of the back of their lot. |
Vice Chairperson Polley then opened the meeting for public comment. Speaking in |
favor of the petition was Mary Anstee, 219 West Maple. She lives due west of the |
property. She has reviewed their plans and supports their request. |
No one spoke in opposition to the petition. Vice Chairperson Polley then requested the |
staff report. |
William Heniff, Senior Planner, presented the staff report. He noted the petitioner plans |
to construct a kitchen addition to her home, which currently is approximately thirteen |
feet from the rear property line. In the R2 District, the Zoning Ordinance requires a rear |
yard setback of 35 feet. No variations have been previously granted for this property, |
making it legal nonconforming. Because the proposed addition would increase the |
degree of the existing nonconformity, a variation is requested. |
Mr. Heniff then discussed the zoning aspects of the petition. At the time the petitioner's |
house was built on this property in 1922 the lot was 82.68 feet wide and 184.8 feet |
deep. In 1933, a second house was built to the east on the same lot. In 1982, the |
property was split into two square-shaped lots as part of St. John's Resubdivision. |
There are unique physical limitations on the property in that there is no practical way for |
the petitioners to meet the requirements of the Zoning Ordinance. Without the |
requested relief, the property owner would not be able to make any additions to the |
property or rebuild the current home in the event it were destroyed or damaged more |
than 50% of its value. |
The requested relief is not needed due to the actions of anyone presently having an |
interest in the property as the petitioners purchased their home approximately 14 years |
after the property was subdivided. The proposed addition will not extend any closer to |
the rear property line than the existing house, so there should be little (if any) impact on |
adjacent properties. Furthermore, this approximately 78-square foot addition will not |
alter the essential character of the neighborhood. |
Staff recommends approval of the requested relief. He also noted that if the ZBA was to |
consider approval of the petition that they should add a condition that ties the petition to |
the plans prepared for and submitted at the meeting. |
Vice Chairperson Polley then opened the meeting for discussion and questions by the |
Board Members. |
Mr. Young felt that the requested relief was largely a housekeeping issue. He then |
inquired about the existing front porch on the property. Mr. Heniff stated that roofed |
over, front porches are permitted encroachments of up to five feet into the front yard. |
The petitioner's residence meets the Village's front yard setback requirements. |
It was moved by Young, seconded by Bedard, that this matter be Recommended |
to the Corporate Authorities for approval subject to one condition. The motion |
carried by the following vote: |
Aye:
Newman, Polley, Young and Bedard
4 -
Absent:
Chairperson John DeFalco and Corrado
2 -
Enactment No: Ordianance 5493 |
1. That the petitioner shall develop the subject property in accordance with the building |
elevations and plans prepared by Joseph K. Plepel, Architect, dated April 19, 2004 and |
as depicted on the Plat of Survey, dated December 6, 1996 and modified by the |
petitioner and submitted as part of this request. |
Business Meeting
Approval of Minutes
The minutes of the March 24, 2004 meeting were unanimously approved by a voice vote |
of the members present. |
Planner's Report
Staff did not have anything new to report.
New Business
Vice Chairperson Polley did not have anything new to report.
Unfinished Business
There was no unfinished business.
Other Business
Mr. Heniff noted that a petition may be filed for the May ZBA meeting that would request |
approval of variations so that a new strip commercial center could be constructed on the |
property at 935 East St. Charles Road. |
Responding to a question by Vice Chairperson Polley, Mr. Heniff noted that the homes |
being constructed within Rick and Gina's Subdivision along West Avenue do meet the |
requisite thirty foot front yard setback and no relief was granted as part of the |
development's initial approval. It may appear that they do not meet the setback as |
many other homes along the block were constructed farther back on the respective lots. |
Adjournment
On a motion made by Young and seconded by Newman, the meeting was adjourned at |
7:59 p.m. |
______________________________ |
Eugene Polley, Vice Chairperson |
______________________________ |