Village of Lombard Legistar System

ZBA 05-03: 1051 S. Stewart Avenue

Requests a variation to Section 155.406 (F)(2) of the Lombard Zoning Ordinance to

reduce the required corner side yard setback to seventeen and one-half feet (17.5'),

where twenty feet (20') is required to allow for the construction of a single-family

residence in the R2 Single-Family Residence District.

Joe DeFranceso presented the petition. He referenced the letter and response to

standards for variations included with his application. He stated that he had nothing

further to add and would answer any questions the members had.

Chairperson DeFalco then opened the meeting for public comment. No one spoke for or

against the petition.

Angela Clark, Planner II, presented the staff report. She stated that the subject lot was

fifty feet in width while sixty feet is required in the R2 Single Family Residential District.

Ms. Clark stated that the lot is a lot of record therefore it is considered buildable since it

meets eighty percent of the lot area and width requirements. She noted that the new

residence could only be twenty-four feet in width if the petitioner were to construct the

home according to the current code requirements. She stated that this would be

comparable to the width of a two car garage.

Ms. Clark stated that the construction of the new residence would reduce the degree of

the existing nonconformity therefore staff supported the petition. She noted that there

were two items on the site plan that would need modification. She stated that bay

windows are not permitted within interior side yards and the petitioner would need to

address this. She also noted that there is a provision within the code that requires

accessory structures that are within the rear fifteen feet of a reverse corner lot to meet

the front yard setback of the neighboring lot. She stated that the petitioner's proposed

garage would be subject to this requirement. She stated that the petitioner would have

to move the garage seven feet to the west in order to meet code.

Chairperson DeFalco asked if the petitioner understood the requirements for the

accessory structure. Mr. DeFrancesco asked for clarification on the requirements.

Chairperson DeFalco explained that the rear yard of the petitioner's property abutted the

front yard of the neighboring property, therefore the proposed garage could not be

placed in front of the neighbor's residence.

Mr. DeFrancesco asked if the garage could be placed in the same location on the site

plan if it were thirty feet from the property line. Ms. Clark stated that it could.

Chairperson DeFalco stated that there would not be adequate room to move the garage

back to meet the thirty-foot setback. Mr. DeFrancesco stated that he would move the

garage to the west to meet the requirement.

Mr. Young asked about the code requirement in question. Ms. Clark stated that the

provision was only for accessory structures within the rear fifteen feet of the yard.

Mr. Bedard stated that the proposed residence would be an improvement to the

neighborhood.

1. That the petitioner shall develop the site in accordance with the plans submitted as

part of the petition and dated January 26, 2005, with the following modifications to the

plans:

a. That the bay window on the south side of the proposed residence shall be

removed or modified to meet the six foot (6') interior side yard setback requirements.

b. That the proposed detached garage be relocated at least seven feet (7') to the

west on the subject property in order to meet reverse corner yard setback requirements

as set forth in Section 155.210 (B)(3) of the Zoning Ordinance.

2. That the petitioner shall apply for and receive a building permit for the proposed

improvements associated with this petition.

On a motion by Young and seconded by Polley the minutes of the January 26, 2005

meeting were unanimously approved with the following corrections:

Page 3, 1st full paragraph, 2nd and 3rd sentences should read:

Mr. Young noted that the variation would most likely be granted. Chairperson

DeFalco noted that neighboring house had substantial side yard setbacks,

approximately twelve feet (12') and thirteen feet (13').

Page 3, 4th paragraph, 2nd sentence should read:

She noted that the property owners knew the limitations of the house when they

bought it.