Zoning Board of Appeals
Regular MeetingLombard, IL · September 25, 2013
Minutes
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, September 25, 2013 7:30 PM Village Hall Board Room
Call to Order
Pledge of Allegiance
Roll Call of Members
Present 5 - John DeFalco, Mary Newman, Keith Tap, Ed Bedard, and Val Corrado
Absent 2 - Raymond Bartels, and Greg Young
Public Hearings
130477 ZBA 13-06: 521 S. Lewis Avenue (Request to Continue to
November 7, 2013)
Requests that the Village grant a variation from Section 155.205 (B)(3)
of the Lombard Zoning Ordinance to increase the maximum allowable
hedge height in a clear line of sight area from two feet (2’) to two feet
and six inches (2’ 6”), located within the R2 Single-Family Residential
Zoning District. (DISTRICT # 5)
Mr. Jeffrey Davis, property owner, presented the petition. Mr. Davis
began by stating that he has lived in the house for twenty-nine (29)
years without any incidents. The hedges in question were planted
approximately fifteen (15) years ago and reached their mature height
about seven (7) or eight (8) years ago. The hedges are boxwoods,
which are difficult to grow as successfully as he has. They are
trimmed once a year.
Mr. Davis then began to describe the recent history with his neighbor
to the south as the reason for his request. Chairperson DeFalco
commented that many cases that come before the ZBA originate as
complaints to Code Administration. Chairperson DeFalco continued
by stating that Mr. Davis had already laid sufficient groundwork for his
request and did not need to provide information regarding the
relationship with Mr. Davis’ neighbor.
Village of Lombard Page 1
Zoning Board of Appeals Minutes September 25, 2013
Mr. Davis submitted into the public record a petition with signatures of
nearby residents who support his variation request.
Addressing the IDRC Report, Mr. Davis stated that he disagrees with
its findings and believes that there is no clear line of sight issue
because of the slope of the lot and adjacent driveway. Mr. Davis
submitted photographs into the public record and claimed that the
photographs demonstrated his point about there being no safety
issues within the clear line of sight area.
Mr. Davis stated that he wants the hedges to be six inches (6”) taller
because boxwoods look poor when trimmed at a two foot (2’) height.
The hedges were recently trimmed to the lower height because of a
recent adjudication against Mr. Davis. Mr. Davis stated that he has
never received a safety complaint from any of his other neighbors on
the block.
Mary Jo Davis, co-petitioner, added that the neighbors who signed the
previously submitted petition agree that there are no safety issues with
the hedges in the clear line of sight area because of the design of the
driveway.
David Berry of 533 S. Lewis Avenue spoke in favor of the petition and
stated he has lived in the neighborhood for twenty (20) years and
raised four (4) children and there has never been a safety issue with
the petitioner’s landscaping.
Tracy Dembek of 509 S. Lewis Avenue spoke in favor of the petition
and stated that she has lived in the neighborhood for twenty-seven
(27) years and Mr. Davis’ landscaping is always perfectly manicured.
Mrs. Dembek added that her children also never had any safety issues
while riding bikes past the hedges.
Mike Pine of 522 S. Lewis Avenue spoke in favor of the petition and
stated that he lives directly across the street from Mr. Davis and
agrees that the Davis’ landscaping is always immaculately kept. Mr.
Pine added that he does not believe that there is a safety issue, but
rather a personal issue between neighbors. Mr. Pine reiterated
previous comments regarding the sloping driveway providing sufficient
visibility.
Matt Panfil, Senior Planner, stated that before he presented the IDRC
report, he wanted to clarify the meaning of a clear line of sight area
because he sensed there was some confusion. A clear line of sight
area is not a subjective judgment whether or not one can see well
from a certain position. A clear line of sight area is an objective
measurement established within the Lombard Zoning Ordinance
Village of Lombard Page 2
Zoning Board of Appeals Minutes September 25, 2013
required when either a private residential driveway or an improved
public right-of-ways intersects with a public right-of-way.
Mr. Panfil continued by presenting the IDRC report. Mr. Panfil stated
that in this case, where a private residential driveway intersects an
improved public right-of-way, the clear line of sight area is formed by
completing a triangle formed by lines twenty feet (20’) away from the
point of intersection. The Zoning Ordinance requires any hedges
within the clear line of sight area to be no taller than two feet (2’) in
height, therefore a variance is required.
Mr. Panfil stated that there is no precedent specifically for variations
for exceeding the maximum allowable height of a hedge within a clear
line of sight area, but there have been four requests for a solid fence
taller than two feet (2’) in a clear line of sight area since 2009. While
staff and the ZBA recommended denial in three of the four cases, all
four were ultimately approved by the Village Board of Trustees.
In response to the petitioner’s comments, Mr. Panfil stated that staff
finds there is no hardship associated with any unique geographic
characteristics of the site and that the petitioner has several options
that would resolve the issue such as: trimming and maintaining the
hedges at two feet (2’) in height; relocating the specific hedges that
are within the clear line of sight area; removing the hedges completely
and replacing them with an open-style fence, or replacing the hedges
with slower-growing evergreen plants that have a lower mature height.
Mr. Panfil added the hedges are measured from the ground at the
base of the plant upward to their peak, not from the neighbor’s
driveway. If the petitioner were to maintain the hedges at a uniform
two foot (2’) height there would be a corresponding slope to the
hedges. Mr. Davis prefers that the hedges have different heights in
order for them to appear level at their peak, regardless of the grade
beneath. Mr. Panfil stated that this preference is not a hardship.
Mr. Panfil stated that in order to be granted a variation, a petitioner
must affirm each of the Standards for a Variation. Staff finds that
following Standards have not been met:
1. Because of the particular physical surroundings, shape, or
topographical conditions of the specific property involved, a
particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were to be applied.
Staff finds that there are no conditions related to the property that
prevent compliance with the clear line of sight regulations. The
Village of Lombard Page 3
Zoning Board of Appeals Minutes September 25, 2013
petitioner’s property does not have physical surroundings, shape, or
topographical features that differ substantially from other corner lots in
the neighborhood as to be demonstrative of a hardship.
2. The conditions upon which an application for a variation is based
are unique to the property for which the variation is sought, and
are not generally applicable to other property within the same
zoning classification.
Staff finds that the conditions are not unique to the subject property.
Clear line of sight areas for private residential driveways are required
at all residences with a driveway throughout the village. Any number
of property owners could request a similar variation.
4. The alleged difficulty or hardship is caused by this ordinance and
has not been created by any person presently having an interest
in the property.
Staff finds that the Zoning Ordinance in fact allows for certain types of
encroachment into clear line of sight areas. For example, per Section
155.205 (A)(1)(e), the petitioner is entitled to construct a decorative
open-style fence within the clear line of sight area if the petitioner so
wishes to maintain a physical separation between their lot and their
neighbor to the south.
5. The granting of the variation will not be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located.
Staff finds that the very purpose for the clear line of sight area is to
protect the public welfare, therefore an encroachment into the clear
line of sight area represents a threat to the public welfare.
7. The proposed variation will not impair an adequate supply of light
and air to adjacent property or substantially increase the
congestion of the public streets, or increase the danger of fire, or
impair natural drainage or create drainage problems on adjacent
properties, or endanger the public safety, or substantially diminish
or impair property values within the neighborhood.
As stated above, the hedgerow in the clear line of sight area
represents a threat to public safety.
Concluding, Mr. Panfil stated that staff recommends denial of the
requested variation.
Chairperson DeFalco reminded those present that it is the task of the
Village of Lombard Page 4
Zoning Board of Appeals Minutes September 25, 2013
ZBA to evaluate each case to determine if there is a hardship that
warrants a variation.
Mr. Bedard stated that he had viewed the property and because there
is a slope to the driveway he did not see a safety issue. Mr. Bedard
indicated his support for the variation.
Dr. Corrado stated that it is necessary to remember that because an
accident has not happened yet, it is still a possibility to consider.
Mrs. Newman asked Mr. Davis why he did not trim the hedges when
notified of the violation.
Mr. Davis responded that he was notified in the middle of June, but
wanted to wait to trim until after their growth spurt. When he did
proceed with trimming the hedges Code Administration told him that
they were still six inches (6”) too tall. Mr. Davis claimed that he
trimmed the hedges another six inches (6”) but Code Administration
measured again and issued a ticket in August. Mr. Davis indicated he
then contacted Mr. Panfil in order to file a variation request. At the
court hearing he did not bring all of his materials because he claimed
he was told by staff that it was possible that a continuance would be
granted. A continuance was not granted and the adjudication officer
issued a fine. Mr. Davis then trimmed the hedges to their current
height.
Mr. Davis then claimed that the pictures and report that his neighbor at
527 S. Lewis Avenue, Denise Fruhauf, had submitted into the public
record were misleading. Mr. Davis then submitted new pictures with
views of the hedges from his neighbor’s driveway into the public
record.
After discussing the pictures with Mr. Davis, Chairperson DeFalco
then summarized some of the previous comments from the ZBA
members.
Mrs. Newman then asked Mr. Davis what his hardship is.
Mr. Davis stated that he was confused by what a hardship is to which
Chairperson DeFalco responded by defining a hardship. Mr. Davis
then stated that he was not sure if he had a hardship, but feels that
the hedges have aesthetic value and enhance the neighborhood.
Mrs. Davis responded that the stress that has been placed on her and
Mr. Davis throughout the adjudication hearing and zoning relief
process was their hardship.
Village of Lombard Page 5
Zoning Board of Appeals Minutes September 25, 2013
Chairperson DeFalco and Mr. Bedard gave examples of hardships
that have been considered in the past, such as requiring an accessible
ramp in a required yard due to a disability. Mr. Davis added that the
physical labor associated with making any further changes to the
hedges was a hardship.
Mr. Davis then asked if there was a grandfather clause that would
enable him to maintain his hedges at their previous height.
Chairperson DeFalco informed Mr. Davis that no such relief was
available to him.
A motion was made by Mr. Bedard, seconded by Dr. Corrado, that the Zoning
Board of Appeals recommended this petition for approval to the Corporate
Authorities, subject to the following conditions:
1. The hedges shall be maintained in accordance with the plans prepared by
the petitioner, submitted on August 23, 2013.
2. The relief shall be limited to a maximum hedge height in the clear line of
sight area to two feet six (2’6”).
The motion failed to receive a recommendation vote:
Aye: 2- Ed Bedard, and Val Corrado
Nay: 3- John DeFalco, Mary Newman, and Keith Tap
Absent: 2- Raymond Bartels, and Greg Young
A motion was made by Chairperson DeFalco, seconded by Mr. Tap, that the
Zoning Board of Appeals recommends this petition for denial to the Corporate
Authorities.
The motion carried by the following vote:
Aye: 3- John DeFalco, Mary Newman, and Keith Tap
Nay: 2- Ed Bedard, and Val Corrado
Absent: 2- Raymond Bartels, and Greg Young
As the Zoning Board of Appeals could not obtain four votes to either approve
or deny the variation, the hedge height in a clear line of sight area variation
was forwarded to the Village Board with no recommendation.
130475 ZBA 13-05: 640 N. Charlotte Street
Requests that the Village grant a variation from Section 155.205 (A)(1)
(c)(2) of the Lombard Zoning Ordinance to increase the maximum
allowable fence height in a corner side yard from four feet (4’) to six
feet (6’), located within the R2 PD Single-Family Residential Planned
Development (Prairie Place) Zoning District. (DISTRICT # 4)
Mr. Dave Kundrot, property owner, presented the petition. Mr.
Kundrot began by stating that he has lived in the house for eight (8)
Village of Lombard Page 6
Zoning Board of Appeals Minutes September 25, 2013
years. The proposal is to replace an approximately thirty foot (30’)
portion of an existing four foot (4’) tall solid cedar fence with the same
style fence, but six feet (6’) in height for security. The reason for the
request for a taller fence is enhanced security as well as privacy for a
new pool and patio area that is pending construction.
Mr. Kundrot continued by identifying reasons he believes the subject
property is unique. The subdivision itself is unique as there are
forty-two (42) homes in the subdivision, but there are only three (3)
corner lots. The subject lot itself slopes downward and fronts on
Goebel Drive, which has a higher than normal amount of pedestrian
and car traffic. Also, the governing homeowner association requires a
solid cedar fence.
Mr. Kundrot then concluded his presentation by submitting letters of
support from Trustee Peter Breen and his neighbors to the north, John
and Laura Larkin of 644 N. Charlotte Street, into the public record.
Chairperson DeFalco questioned if there was anyone present to
speak in favor of or against the petition. There was no response from
the audience.
Matt Panfil, Senior Planner, stated that before he presented the
inter-department review committee (IDRC report), he believes
clarification is required as to the total amount of the existing four foot
(4’) tall fence that the petitioner intends to replace with the proposed
six foot (6’) tall fence. Mr. Panfil stated that staff had interpreted the
request to be a total replacement of all four foot (4’) tall fence with six
foot (6’) tall fence based on the pencil drawing that had been
submitted with the application. Mr. Kundrot clarified that the request
for a six foot (6’) tall fence is only for the approximately thirty feet (30’)
portion of existing four foot (4’) fence starting at the southwest corner
of the corner side/south property line (adjacent to the existing six foot
(6’) tall fence along the rear/west property line) and moving eastward.
The remaining fence section to the east and moving north to the
southwest corner of the house will remain four feet (4’) in height.
Mr. Panfil continued by presenting the IDRC report. Mr. Panfil stated
that while staff recognizes the reasonableness of the request, it does
not believe that they effectively demonstrate a hardship associated
with a unique geographical characteristic of the property. Mr. Panfil
stated that the original planned development agreement specifically
identified areas of the subdivision where zoning relief in regard to
maximum allowable fence height was deemed necessary and this lot
was not identified as one of those areas.
Mr. Panfil stated that in order to be granted a variation, a petitioner
Village of Lombard Page 7
Zoning Board of Appeals Minutes September 25, 2013
must affirm each of the Standards for a Variation. Staff finds that
following Standards have not been met:
1. Because of the particular physical surroundings, shape, or
topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere
inconvenience, if the strict letter of the regulations were to be applied.
Staff finds that there are no conditions related to the property that
prevent compliance with the fence height regulations. The petitioner’s
property does not have physical surroundings, shape, or topographical
features that differ substantially from other corner lots in the
neighborhood as to be demonstrative of a hardship. In fact, an
amendment to the planned development agreement recognized as
much by allowing the corner lot directly across from the petitioner only
a four foot (4’) tall fence.
2. The conditions upon which an application for a variation is based
are unique to the property for which the variation is sought, and are
not generally applicable to other property within the same zoning
classification.
Staff finds that the conditions are not unique to the subject property.
Currently, the petitioner has a four foot (4’) tall fence along the south
property line. Staff finds that the addition of a pool and patio does not
create a hardship such that the existing fence would need to be
removed, let alone replaced with a non-compliant fence. Also, as
mentioned in Standard 1, the corner lot directly across from the
petitioner is also allowed a fence only up to four feet (4’) in height.
4. The alleged difficulty or hardship is caused by this ordinance and
has not been created by any person presently having an interest in the
property.
Staff finds that the existing four foot (4’) tall fence suggests that the
ordinance has not created a difficulty or hardship but rather the
difficulty has been created by the petitioner’s preference for the
fence’s height to better screen a new pool and patio.
Concluding, Mr. Panfil stated that staff recommends denial of the
requested variation.
Chairperson DeFalco then opened the meeting for discussion by the
ZBA members.
Mr. Tap asked if the entire length of fence along the south property
line was to be replaced, to which Mr. Kundrot replied that he intended
Village of Lombard Page 8
Zoning Board of Appeals Minutes September 25, 2013
to replaced just the thirty feet (30’) of fence along the south property
line starting at the southwest corner of the lot and moving east to a
line perpendicular to the southwest corner of the house. Mr. Kundrot
added that he believes this to be consistent in appearance with the
existing six foot (6’) tall fence along the west property line.
Mr. Tap then asked for confirmation that the reason for the request
was based on privacy and security reasons.
Mr. Kundrot confirmed the question and added that the request is also
based on safety concerns because the proposed pool, if left highly
visible by a four foot (4’) fence, would be attractive to potential
trespassers.
Mr. Bedard commented that he believed there had been a previous
meeting with the Village Board of Trustees to determine the status of
six foot (6’) tall fences within corner side yards.
Mr. Panfil responded that such a meeting had taken place on
September 18, 2008, but the ultimate decision was to review such
requests on a case by case basis.
Mr. Tap stated that there have been similar variance requests along
Berkshire Avenue recently.
Mr. Panfil responded that variances for fence height in a corner side
yard were granted to 617 E. Berkshire Avenue, ZBA 09-11, on January
1, 2010 as well as at 242 W. Berkshire, ZBA 08-14, on October 2,
2008.
Chairperson DeFalco stated that since the petitioner has clarified the
specific location for the proposed six foot (6’) tall fence he can support
the request. Chairperson DeFalco added that while the Sid Harvey
building on the lot to the west is non-residential, it is zoned R2
Single-Family Residence and could one day be houses.
Mrs. Newman asked the petitioner if he was required to use a cedar
fence by the homeowner association. Mr. Kundrot confirmed that
cedar fencing is required by the homeowner association bylaws
A motion was made by Mr. Tap, seconded by Mr. Bedard, that the Zoning Board
of Appeals recommended this petition for approval to Corporate Authorities,
subject to the following conditions:
1. The fence shall be constructed in accordance with the plans prepared by
the petitioner and The Swim Store, submitted on August 29, 2013.
2. The relief for a solid fence six feet (6’) in height shall be limited to that
section of said fence starting at the southwest property line and moving
Village of Lombard Page 9
Zoning Board of Appeals Minutes September 25, 2013
thirty-one (31) feet directly east.
The motion carried by the following vote:
Aye: 5- John DeFalco, Mary Newman, Keith Tap, Ed Bedard, and Val Corrado
Absent: 2- Raymond Bartels, and Greg Young
130476 ZBA 13-07: 330 W. Potomac Avenue
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-two feet (22’) feet where twenty-five feet
(25’) is required for the front yard, all located within in the R2
Single-Family Residence District. (DISTRICT #1)
James L. Ohle, of James L. Ohle Associates Ltd., presented the
petition. Mr. Ohle began his presentation by displaying an image of
the existing front façade at the subject property. Mr. Ohle stated that
only a small portion, six percent (6%) of the proposed porch required
the variation. Mr. Ohle then corrected a typo in the Inter-departmental
Review Committee (IDRC) report which stated eighty-four percent
(84%) of the proposed porch is permitted by right when it should have
read ninety-four (94%) of the proposed porch is permitted by right.
Mr. Ohle commented that another home on west Potomac Avenue had
requested a similar variance earlier this year which received approval
from the ZBA and Village Board.
Representing the owner, George Webster, Mr. Ohle stated that Mr.
Webster agrees to follow the conditions of approval recommended
within the IDRC Report.
Mr. Webster then spoke in reference to the before and after pictures
and stated that his intention is to remove an eyesore and enhance the
home and neighborhood.
Chairperson DeFalco questioned if there was anyone present to
speak in favor of or against the petition. There was no response from
the audience.
Matt Panfil, Senior Planner, presented the IDRC Report. Mr. Panfil
began his presentation by summarizing the variance request. The
petitioner is proposing to construct an unenclosed roofed-over front
porch on the front of the residence, twenty-two (22) feet from the front
property line. The Lombard 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.
Village of Lombard Page 10
Zoning Board of Appeals Minutes September 25, 2013
Mr. Panfil then referenced a graphic within the IDRC Report that
illustrates Mr. Ohle’s claim that only six percent (6%) of the proposed
porch requires the variation.
Mr. Panfil stated that in order to be granted a variation, a petitioner
must affirm each of the Standards for a Variation. Staff finds that
while the following Standards have not been met, consideration of
circumstances is necessary:
1. That because of the particular physical surroundings, shape, or
topographical conditions of the specific property involved, a
particular hardship to the owner has been shown, as distinguished
from a mere inconvenience if the strict letter of the regulations
were to be applied.
Staff finds that the petitioner’s lot does not have unique physical
limitations, however the placement of the existing structure on the
property does limit the owner from meeting the intent of the ordinance.
The principal structure was constructed in the 1930’s prior to front yard
setback provisions and the curvature of Potomac Avenue prevented
the construction of the house to be parallel with the right-of-way of
Potomac Avenue.
2. The conditions upon which an application for a variation is based
are unique to the property for which the variation is sought, and
are not generally applicable to other property within the same
zoning classification.
Staff finds that the conditions are not unique to the subject property.
The design and layout of the petitioner’s property is typical of any R2
Single Family Residential lot in the Village of Lombard and the
surrounding neighborhood. Many of the homes along Potomac
Avenue are legal nonconforming relative to the front yard setback.
Furthermore, the existing setback of the house on the subject property
is very similar to the setback of the existing home to the east. Again,
the curvature of Potomac Avenue increases the setback of the
principal structure abutting the western side of the subject property in
relation to the principal structure situated at 330 W. Potomac.
3. The alleged difficulty or hardship is shown to be caused by this
ordinance and has not been created by any person presently
having an interest in the property.
Staff finds that the hardship has not been caused by the ordinance
and has instead been created by the petitioner’s preference for the
proposed design/use. Staff finds that the hardship for this variation is
due to the location of the principal structure in relation to the front yard
Village of Lombard Page 11
Zoning Board of Appeals Minutes September 25, 2013
setback. Although this setback deficiency is minimal, it does reduce
the property owner’s ability to construct an unenclosed roofed-over
front porch to a usable standard with the desire to place typical
outdoor furniture on the porch with enough space to access the
seating. While an 8’ wide porch is being proposed, the majority of the
porch is permitted by right as it is behind the 25 foot front yard
allowable encroachment area.
4. The granting of the variation will not be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located.
Staff finds that granting the request would not be injurious to
neighboring properties.
Concluding, Mr. Panfil stated that staff recommends approval of the
requested variation, subject to the five (5) conditions outlined in the
staff report.
Chairperson DeFalco then opened the meeting for discussion by the
ZBA members.
Mr. Tap stated that he had visited the property and did not perceive
any sight line issues. Mr. Tap then asked staff if there were any other
issues on-site.
Mr. Panfil responded that the proposal meets all other criteria of the
municipal code.
Chairperson DeFalco commented that the home on the lot to the west
was set back much further than the home on the subject property.
Chairperson questioned staff regarding the setbacks for single family
homes within the R2 Single-Family Residence District when a lot
abuts other lots that have already been developed with detached
single-family dwellings.
Mr. Panfil responded that for new construction, the front yard setback
would be determined by averaging the front yard setback of the two
adjacent lots. While the proposed alterations to the existing home are
significant, it is not considered a new home and therefore is still
subject to the thirty-foot front yard setback and additional five-foot
encroachment for an unenclosed roofed-over porch.
Chairperson DeFalco asked why an eight foot (8’) deep porch is being
proposed when the previously referenced variation from earlier in the
year only proposed a seven foot (7’) porch.
Village of Lombard Page 12
Zoning Board of Appeals Minutes September 25, 2013
Mr. Ohle responded that his professional opinion as an architect is
that an eight foot (8’) deep porch is the minimum necessary for a
furniture zone and movement. Mr. Ohle stated that he believes
making the porch comfortably sized encourages residents to use the
porch and increases their interaction with the community.
Chairperson DeFalco stated that his front porch is six feet (6’) deep
and is suitable for his needs.
Dr. Corrado stated that he used to have an eight foot (8’) deep porch
and believes eight foot (8’) is not too much.
Mr. Bedard stated that it is not the overall size of the porch that is the
issue, but the degree to which the porch violates the setback
requirement.
Chairperson DeFalco stated his concern that if this variation were
approved subsequent variation requests would become larger and
larger.
Mr. Ohle reiterated that it is only a very small portion of the proposal
that requires the variation.
Chairperson DeFalco stated that he understands the desire for a
porch, but the lot is very deep and there is sufficient room behind the
home for seating areas. Chairperson DeFalco then asked Mr.
Webster how long he had live in the home at the subject property.
Mr. Webster replied that he does not live in the home, but rather has a
long-term renter with an option to buy.
Mr. Panfil then commented that Mr. Bedard’s statement regarding the
focus of the variation being not on the overall size and depth of the
porch, but the extent to which the front yard setback encroachment.
A motion was made by Dr. Val Corrado, seconded by Keith Tap, that the Zoning
Board of Appeals recommended this petition for approval to Corporate
Authorities, subject to the following conditions:
1. The porch shall be developed in accordance with the submitted plans,
prepared by James L. Ohle, Architect.
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.
Village of Lombard Page 13
Zoning Board of Appeals Minutes September 25, 2013
4. In the event that the principal structure on the subject property is damaged
or destroyed to fifty-percent (50%) of its value, the new structure shall meet the
required front yard setback.
5. The roofed-over porch shall remain unenclosed.
The motion carried by the following vote:
Aye: 5- John DeFalco, Mary Newman, Keith Tap, Ed Bedard, and Val Corrado
Absent: 2- Raymond Bartels, and Greg Young
Business Meeting
Approval of Minutes
A motion was made by Keith Tap, seconded by Ed Bedard, to approve the
minutes of the August 28, 2013 meeting. The motion passed by a unanimous
vote.
Planner's Report
Jennifer Ganser, Assistant Director of Community Development,
coordinated a discussion regarding the rescheduling of the November
and December Zoning Board of Appeals meetings due to holiday
conflicts. It was agreed to schedule the meetings for November 20,
2013 and December 18, 2013.
New Business
Unfinished Business
Adjournment
A motion was made by Mary Newman, seconded by Ed Bedard, to adjourn the
meeting at 9:21 p.m. The motion passed by a unanimous vote.
Village of Lombard Page 14
Zoning Board of Appeals Minutes September 25, 2013
___________________________________________________
John DeFalco, Chairperson
Zoning Board of Appeals
___________________________________________________
William J. Heniff, AICP, Director of Community Development
Zoning Board of Appeals
Village of Lombard Page 15
Agenda
Village Hall
Village of Lombard 255 East Wilson Ave.
Lombard, IL 60148
villageoflombard.org
Meeting Agenda
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, September 25, 2013 7:30 PM Village Hall Board Room
Call to Order
Pledge of Allegiance
Roll Call of Members
Public Hearings
130477 ZBA 13-06: 521 S. Lewis Avenue
Requests that the Village grant a variation from Section 155.205 (B)(3)
of the Lombard Zoning Ordinance to increase the maximum allowable
hedge height in a clear line of sight area from two feet (2’) to two feet
and six inches (2’ 6”), located within the R2 Single-Family Residential
Zoning District. (DISTRICT # 5)
130475 ZBA 13-05: 640 N. Charlotte Street
Requests that the Village grant a variation from Section 155.205 (A)(1)
(c)(2) of the Lombard Zoning Ordinance to increase the maximum
allowable fence height in a corner side yard from four feet (4’) to six feet
(6’), located within the R2 PD Single-Family Residential Planned
Development (Prairie Place) Zoning District. (DISTRICT # 4)
130476 ZBA 13-07: 330 W. Potomac Avenue
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-two feet (22’) feet where twenty-five feet
(25’) is required for the front yard, all located within in the R2
Single-Family Residence District. (DISTRICT # 1)
Business Meeting
Approval of Minutes
Request to approve the August 28, 2013 minutes.
Village of Lombard Page 1 Printed on 10/4/2013
Zoning Board of Appeals Meeting Agenda September 25, 2013
Planner's Report
New Business
Unfinished Business
Adjournment
Village of Lombard Page 2 Printed on 10/4/2013