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 Backensto |
Chairperson John DeFalco, Val Corrado, Mary Newman, Eugene Polley, Greg |
Young and Ed Bedard |
ZBA 07-14: 731 E. St. Charles Place |
Requests approval of a variation to Section 155.406 (H) to reduce the amount of open |
space on the subject property to 43 percent where a minimum of 50 percent open space |
is required within the R2 Single Family Residential District. (DISTRICT #5) |
The petitioner, Daniel Schmitt, summarized the petition. He stated that the drainage |
improvements function very well and slope toward the front of the property. He met with |
staff to figure out how to add open space to the property by removing gravel and |
reducing the porch size. |
Chairperson DeFalco then opened the meeting for public comment. There was no one |
present to speak for or against the petition. |
Chairperson DeFalco then requested the staff report. Jennifer Backensto, Planner II, |
stated that the subject property currently has 46.6% open space, which is below the |
50% minimum open space requirement. The petitioner is requesting a variation to allow |
for the installation of a 257.1-square foot above-ground swimming pool. In 2002, the |
petitioner received a building permit for a residential addition, garage, and driveway |
extension. The proposed improvements left the property with 4,452 square feet of open |
space (50.9%), which exceeded the minimum amount required by the Zoning |
Ordinance. However, due to the size of the new improvements, the petitioner was |
required to install additional drainage improvements including a plastic-lined stone |
trench along the western property line. Since gravel areas are not included within the |
definition of open space, the 202 square feet of gravel and curbing brought the property |
to 48.7% open space, which is below the 50% minimum open space requirement. The |
drainage improvements were required subsequent to the zoning compliance review, so |
this nonconformity was not discovered until the petitioner met with staff to submit an |
open space variation petition to allow for the installation of an above-ground swimming |
pool. |
After the 2002 permit was issued, the petitioner chose to cover 192 square feet of the |
property with gravel that was left over from the construction process. This further |
reduced open space on the property to 46.6%. Now, the petitioner wishes to install a |
257-square foot swimming pool on the property. This would reduce open space on the |
property to only 43.7%. To mitigate this, the petitioner has stated that they would be |
willing to create 250 square feet of additional open space by removing the 192-square |
foot gravel area, reducing the size of their rear porch by 26 square feet, and reducing |
the size of their front porch by 32 square feet. This reduces their open space variation |
request to 46.5%. |
She then reiterated the comments presented in the initial IDRC staff report and stated |
that staff recommends approval of the open space lot area relief for the existing |
drainage improvements but not the relief for the proposed swimming pool. |
Chairperson DeFalco then opened the meeting for discussion by the Board Members. |
Mr. Bedard asked about the square footage of the drainage improvements. Ms. |
Backensto stated that she did not know their exact size, but they were designed to |
compensate for the size of the addition, garage, and driveway that were constructed in |
2002. |
Chairperson DeFalco noted that if the drainage is not considered an encumbrance, the |
property has 48.7% open space. The drainage improvements facilitate water runoff and |
do not create bulk. A swimming pool would impact runoff. |
Mr. Young stated that was why staff recommended approval of a variation to 48.7%. |
Mr. Bedard stated that the property was at 46.6% and they were proposing 46.5%. |
Mr. Young stated that the excess gravel further reduced the open space on the property, |
and the gravel would need to be removed to bring the property back up to 48.7%. |
Chairperson DeFalco asked if the drainage improvements benefit the neighborhood. |
The petitioner stated that he was told that the purpose of the drainage improvements |
was to benefit the neighbors. They do not want to negatively impact their neighbors in |
any way, and they would like to re-grade their property to further improve the drainage |
situation. |
Mr. Young stated that the Village needs to look at the issue of how drainage |
improvements are considered with regard to open space calculations. |
The petitioner added that the Village was pleased with how their drainage improvements |
turned out and used them as an example for other properties. |
It was moved by Young, seconded by Bedard, that this matter be recommended |
to the Corporate Authorities for approval subject to conditions. The motion |
carried by the following vote: |
1. The petitioner shall comply with a minimum required open space percentage of |
46.5% by removing the 192-square foot gravel area in the rear of the property, reducing |
the size of the rear porch by 26 square feet, and reducing the size of the front porch by |
32 square feet. |
2. In the event that the proposed swimming pool is removed from the subject property, |
the required minimum open space shall be 48.7%. |
On a motion by Bedard and seconded by Newman the minutes of the September 26, |
2007 meeting were unanimously approved by the members present with the following |
correction: |
Page 5, Paragraph 7, 1st sentence, change the word "was" to "were" so the sentence |
reads: |
"Chairperson DeFalco asked if it were possible to push the detached ......". |
The ZBA members asked staff to look at those specific properties that appeared to have |
code violations. |
The meeting adjourned at 8:15 p.m. |
_______________________________ |
John DeFalco, Chairperson |
Zoning Board of Appeals |
_______________________________ |
Jennifer Backensto, AICP, Planner II |
Zoning Board of Appeals |