Zoning Board of Appeals

Village Hall Village of Lombard 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Zoning Board of Appeals John DeFalco, Chairperson Mary Newman, Raymond Bartels, Greg Young, Keith Tap, Ed Bedard and Val Corrado Staff Liaison: William Heniff Wednesday, August 28, 2013 7:30 PM Village Hall Community Room Call to Order Pledge of Allegiance Roll Call of Members Present 7 - John DeFalco, Mary Newman, Raymond Bartels, Greg Young, Keith Tap, Ed Bedard, and Val Corrado Raymond Bartels arrived after the roll call at 7:40 p.m. Public Hearings 130397 ZBA 13-04: 616 E. Madison Street Requests that the Village grant a variation from Section 155.212 of the Lombard Zoning Ordinance to allow an unenclosed roofed-over front porch to be set back twenty-three (23) feet where twenty-five (25) feet is required for the front yard, all located within in the R2 Single-Family Residence District. (DISTRICT#5) Frank La Gambina of La Gambina Homes presented the petition. Mr. La Gambina stated that his clients would like to create a new front entrance with a new porch as part of the improvement to the house. Currently the entrance to the house is a four foot by three foot concrete stoop with stairs. Mr. La Gambina proposes a new porch of seven feet wide by twenty-five feet across the front of the house in order to place a café style table and chairs. The seven foot wide porch is requested for safety reasons so that walking to a chair without tripping over other chairs is avoided. Mr. La Gambina also referred to the Village Code as sighting the standard width of a porch to be seven feet in width. Tami Urish, Planner I, presented the staff report. The property Village of Lombard Page 1 Zoning Board of Appeals Minutes August 28, 2013 contains a one-story single family residence. The petitioner is proposing to construct an unenclosed roofed-over front porch on the front of the residence, twenty-three (23) feet from the front property line. The Zoning Ordinance allows unenclosed roofed-over front porches as a permitted encroachment into the required front yard, provided that a minimum of twenty-five (25) feet is provided. The Zoning Ordinance allows roofed-over porches, which are unenclosed and projecting not more than seven (7) feet, as a permitted encroachment in the front yard, provided that a minimum of twenty-five foot (25’) front setback is maintained. Under the permitted obstructions provision, an unenclosed roofed-over porch could be constructed on the subject property five feet from the principal structure as a matter of right. The structure of the house is not built parallel to the southern property line. The structure is thirty-one feet (31’) from the property line at the southwestern corner and thirty feet (30’) from the property line at the southeastern corner. The petitioner is proposing to construct an unenclosed roofed-over porch that will extend (southward) seven feet from the principal structure. This would result in a setback deficiency of one foot (1’) at the western point of the porch and a setback deficiency of two feet (2’) at the eastern point of the porch, where twenty-five feet (25’) is required. The overall setback deficiency is less than two feet. Staff does not find any undue hardship in this case that would justify the requested setback variation. However, within the past eleven years there have been seven other ZBA petitions requesting relief for roofed-over, unenclosed front porches. All seven variations were ultimately granted. The proposed porch would not alter the essential character of the neighborhood. Staff is able to support the requested variation based upon established precedence for unenclosed roofed-over porches in required yards on properties. Furthermore, the proposed improvements will not significantly increase the visual bulk within the front yard. Concluding, Ms. Urish stated that staff is recommending approval of ZBA 13-04, subject to the four conditions outlined in the staff report. Chairperson DeFalco then opened the meeting for discussion by the ZBA members. Mr. Corrado commented that he approves of front porch improvements and that it’s unfortunate that some projects by code require a variation. Mr. DeFalco asked why a five foot porch could not be built instead of the seven foot being requested. Mr. La Gambina replied that seven feet is necessary for the maneuverability around outdoor furnishing Village of Lombard Page 2 Zoning Board of Appeals Minutes August 28, 2013 thereby creating a walkway for ease of entering or exiting the seating area. Mr. Young pointed out that the restriction of enjoying the outdoors in relation to the proposed porch does not create a hardship. Mr. Young stated that the precedent has been set and a new porch is viewed as a positive aspect. On a motion by Young and a second by Newman, the Zoning Board of Appeals recommended by a vote of 6 to 0 with one abstention that the Village Board approve the variation associated with ZBA 13-04, subject to the following conditions: 1. The porch shall be developed in accordance with the plans submitted on July 19, 2013 and prepared by La Gambina Homes. 2. The petitioner shall apply for and receive a building permit for the proposed plans. 3. Such approval shall become null and void unless work thereon is substantially under way within 12 months of the date of issuance, unless extended by the Board of Trustees prior to the expiration of the ordinance granting the variation. 4. In the event that the principal structure on the subject property is damaged or destroyed to more than fifty-percent (50%) of its value, the new structure shall meet the required front yard setback. 5. The roofed-over porch shall remain unenclosed. Aye: 6- John DeFalco, Mary Newman, Greg Young, Keith Tap, Ed Bedard, and Val Corrado Abstain: 1- Raymond Bartels Business Meeting Approval of Minutes A motion was made by Ed Bedard, seconded by Keith Tap to approve the minutes of the April 24, 2013 meeting. The motion passed by a unanimous vote. Planner's Report William Heniff introduced Jennifer Ganser as the new Assistant Director of Community Development. Mr. Heniff reported that there may be two or three cases on the agenda for the September 25, 2013 meeting. He thanked everyone for their cooperation in holding the meeting even though the power was out. Village of Lombard Page 3 Zoning Board of Appeals Minutes August 28, 2013 New Business Unfinished Business Adjournment A motion was made by Val Corrado, seconded by Greg Young, to adjourn the meeting at 7:44 p.m. The motion passed by a unanimous vote. _________________________________________ John DeFalco, Chairperson Zoning Board of Appeals _________________________________________ William J. Heniff, Director of Community Development Zoning Board of Appeals Village of Lombard Page 4