Village of Lombard Legistar System

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.