Village of Lombard Legistar System

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.

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.