Village Hall |
255 East Wilson Ave. |
Lombard, IL 60148 |
villageoflombard.org |
John DeFalco, Chairperson |
Mary Newman, Eugene Polley, |
Greg Young, Val Corrado, Ed Bedard |
and Keith Tap |
Staff Liaison: Jennifer Henaghan |
Chairperson John DeFalco, Val Corrado, Mary Newman, Eugene Polley, Greg |
Young, Ed Bedard and Keith Tap |
ZBA 08-06: 210 W. Ash Street |
Requests a variation to Section 155.407 (F)(4) of the Lombard Zoning Ordinance to |
reduce the required rear yard setback from thirty-five (35) feet to eleven feet (11) feet in |
the R2 Single-Family Residence District. (DISTRICT #1) |
The petitioner, Robert Meek, presented the petition. He explained that they were |
seeking relief from the rear yard setback requirement to bring the house into compliance |
with the Zoning Ordinance. He added that the variation was not self-imposed. |
Chairperson DeFalco then opened the meeting for public comment. No one was |
present to speak for or against the petition. |
Chairperson DeFalco then requested the staff report. Jennifer Henaghan, Planner II, |
stated that, in the R2 District, the Zoning Ordinance requires a rear yard setback of |
thirty-five (35) feet. No variations have been previously granted for this property; |
therefore, the existing 11-foot setback is legal nonconforming. The petitioner is |
requesting the variation only to legally establish the existing rear setback. There are no |
plans to increase the degree of nonconformity by means of expanding upon the existing |
detached single family residence. |
The petitioner's house was built on the subject property in 1952. A detached single |
family residence once stood on the property to the east of the subject property, which |
was known as the east half of Lot 5. The petitioner's property is unusually shaped in |
that the lot is wider than it is deep. There are unique physical limitations on the property |
whereas 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 |
rebuild the current home in the event it were destroyed or damaged more than 50% of |
its value. The relief associated with this petition only pertains to the current situation of |
the property; therefore, the neighborhood characteristics would not be altered in any |
way. |
The northwest corner of the house is located approximately 14 feet from the north |
property line while the northeast corner of the house is located 15 feet from the north |
property line. A covered entry-way was constructed on the northern portion of the house |
and is located 11 feet from the rear property line. As the covered entry-way is |
considered to be part of the house, the rear setback is measured from the entry-way to |
the north property line at eleven (11) feet. |
Under certain conditions posed by the physical characteristics of the property, staff has |
made favorable recommendations of rear yard setback relief in the past. This petition is |
nearly identical to relief granted in ZBA 04-02. As the lot depth creates a clear physical |
constraint, staff can support the variation to memorialize the existing setback so the |
house would no longer be considered non-conforming. |
Chairperson DeFalco then opened the meeting for discussion by the Board Members. |
Mr. Young asked how this house and the lot came to be. Mrs. Henaghan stated that |
she did not know when the subdivision occurred, but it was at least several decades |
ago. |
Mr. Bedard asked if it was related to the 2005 St. John's school development. Mrs. |
Henaghan stated that the subdivision predated any of the St. John's plans. |
Mr. Tap asked if there was any problem with granting the relief in perpetuity. |
Chairperson DeFalco stated that the relief would be tied to the building footprint, so |
anything new would need to appear back before the ZBA for relief. |
Mr. Tap asked if the property was on the market. The petitioner stated that it had been |
for sale since August, but three sales have fallen through due to the legal |
nonconforming issue. |
It was moved by Young, seconded by Tap, that this matter be Recommended to |
the Corporate Authorities for approval subject to one condition. The motion |
carried by the following vote: |
Chairperson John DeFalco, Corrado, Newman, Polley, Young, Tap and |
Bedard |
1. The requested relief shall only apply to the current rear yard setback dimensions. In |
the event that an addition or any other expansion be proposed to the rear of the |
property, separate relief would be required. |
On a motion by Bedard and seconded by Newman the minutes of the April 23, 2008 |
meeting were unanimously approved by the members present with the following |
corrections: |
1. Page 3, second paragraph, first sentence, change the word "deck" to "fence" so the |
sentence reads: |
Chairperson DeFalco stated that according to the site plan, a fence set back twenty |
(20)....... |
2. Page 5, sixth paragraph, strike the word "signage" and replace with "parking lot |
lights" so the sentence reads: |
Chairperson DeFalco stated that Mr. Z's parking lot lights rose concerns from |
neighbors....... |
3. Page 5 - correct the motion to include the action taken. |
Mrs. Henaghan stated that, per the ZBA's request, Code Enforcement looked into the |
property at 482 N. Main. BIS is following up on the boarded-up doors and rotting fascia |
board. Code Enforcement will send an advisory regarding weeds, landscape waste, |
standing water and rolls of fencing being stored in the driveway. |
The ZBA discussed the Village Board's overturning of the ZBA recommendation in ZBA |
08-04. Chairperson DeFalco read two e-mails, one sent by Trustee Moreau and one |
sent by Trustee Fitzpatrick. |
The ZBA discussed ways in which the Village could create greater awareness of what |
work requires a building permit. Mr. Polley suggested a notice on TV-6. Chairperson |
DeFalco suggested an item in the Lombard Pride. |
The meeting adjourned at 7:58 p.m. |
_______________________________ |
John DeFalco, Chairperson |
Zoning Board of Appeals |
_______________________________ |
Jennifer Henaghan, AICP, Planner II |
Zoning Board of Appeals |