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, Keith Tap, Ed Bedard and Michelle Johnson Staff Liaison: Jennifer Ganser Wednesday, March 13, 2019 7:00 PM Village Hall Board Room THIS IS A SPECIAL MEETING Call to Order Chairperson DeFalco called the meeting to order at 7:00 p.m Pledge of Allegiance Chairperson DeFalco led the Pledge of Allegiance. Roll Call of Members Present 6 - John DeFalco, Mary Newman, Raymond Bartels, Keith Tap, Ed Bedard, and Michelle Johnson Absent 1 - Val Corrado Public Hearings 190081 ZBA 19-02: 201 S. Brewster Avenue Requests that the Village approve a variation from Section 155.210(A)(2) (a) of the Lombard Zoning Ordinance to allow a detached garage to be constructed in the corner side yard for the subject property located within the R2 Single-Family Residence District. (DISTRICT #1) David Schubert, property owner, and staff were sworn in by Chairperson DeFalco to offer testimony. Mr. Schubert, owner of the property, stated that he purchased it in foreclosure in 2014. The property is a reverse corner lot, forty feet (40’) in width. Access is from Maple Street that requires a turn into an existing garage. Mr. Schubert requested a variance to allow a twenty one foot wide garage with seventeen feet remaining between the sidewalk along Maple Street and the garage for a car to park on the driveway. The proposed location increases the rear setback. This is the only practical way to access the garage on a narrow lot in a busy neighborhood with a church and school nearby. Village of Lombard Page 1 Zoning Board of Appeals Minutes March 13, 2019 Chairperson DeFalco questioned if there was anyone else present to speak in favor of or against the petition. No one came forward. Chairperson DeFalco asked for the staff report. Jennifer Ganser, Assistant Director, presented the IDRC report, which was entered into the record in its entirety. Ms. Ganser said the subject property is a reverse corner lot developed with a single-family home. The property owner would like to reconstruct the existing detached garage which requires a variance. The proposed garage would encroach in the corner side yard. The lot is 40’ wide and therefore does not meet current minimum lot width of 60’. The petitioner noted they can meet the comments of Engineering and Public Works. The proposed garage is shown at 672 square feet. The proposed garage would decrease the amount of impervious surface on the property, potentially allowing for better drainage. The proposed garage would also be further away from the neighbor on the east, from 6’ to 15’. The garage would be setback 16’ from the Maple Street property line, encroaching 4’ into the corner side yard. Staff believes the petitioner has affirmed the standards and concurs with their response. Chairperson DeFalco opened the meeting up for discussion among the ZBA members. Mr. Bedard asked the petitioner if the existing driveway would become open space. Mr. Schubert responded that the existing driveway will be replaced with grass. Ms. Newman asked the petitioner his intentions regarding the trees near the driveway. Mr. Schubert responded that the trees will be removed and the existing bushes will be trimmed if needed. Mr. Tap asked the petitioner why the new curb cut is offset. Mr. Schubert responded that the apron is offset due to the existing light pole and street parking. Chairperson DeFalco noted the comment from Public Works in the staff report regarding the apron. On a motion by Mr. Bedard, and a second by Mr. Tap, the Zoning Board of Appeals voted 6-0 to recommend that the Village Board approve the petition associated with ZBA 19-02, subject to the following four (4) conditions: 1. The garage shall be constructed in substantial conformance with the Proposed Site Plan; Village of Lombard Page 2 Zoning Board of Appeals Minutes March 13, 2019 2. The proposed garage shall not be placed closer than sixteen feet (16’) from the north property line; 3. The petitioner shall apply for and receive a building permit for the proposed garage; and 4. 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. The motion carried by the following vote: Aye: 6- John DeFalco, Mary Newman, Raymond Bartels, Keith Tap, Ed Bedard, and Michelle Johnson Absent: 1- Val Corrado 190115 ZBA 19-03: 103 N. Chase Avenue Requests that the Village approve a variation from Section 155.212 of the Lombard Zoning Ordinance to allow an unenclosed roofed-over porch to be set back twenty-two feet (22’) from the front property line where twenty-five feet (25’) is required for the front yard located in the R2 Single-Family Residence District (DISTRICT #4) Ms. Eileen Termunde, petitioner, and staff were sworn in by Chairperson DeFalco to offer testimony. Ms. Termunde said that the current enclosed porch on the subject property has steps that go down off the side of the porch. These steps are very steep and unsafe. She plans to tear down the front porch and rebuild it as an unenclosed porch with stairs that extend from the front rather than the side of the porch. Chairperson DeFalco asked if anyone from the public wanted to address the petitioner. Robert Eklund, 27 N. Chase, addressed the ZBA. He said that he is a resident on the same block as the subject property. He supported the petition. Mr. Eklund said the new porch will address a safety issue for the petitioner and also improve aesthetics on the block. Chairperson DeFalco asked for the staff report. Anna Papke, Senior Planner, presented the staff report, which was entered into the record in its entirety. The subject property is developed with a single-family home with an enclosed front porch. The property owner intends to demolish the enclosed front porch and replace it with Village of Lombard Page 3 Zoning Board of Appeals Minutes March 13, 2019 an unenclosed porch that will be more functional and visually appealing. Neither the current nor the proposed front porch meets the front setback requirement for front porches. The Lombard Historical Society has identified the home on the site as a Sears kit home that would have originally had an unenclosed front porch, and the proposed porch will be similar in style to the porch constructed with the original house. Staff notes that current setback requirements were not in place at the time the home was originally constructed. This creates a hardship for the property owner, who cannot rebuild the porch without needing a variance. Staff recommended approval of the petition subject to the conditions in the staff report. Chairperson DeFalco opened the meeting up for discussion among the ZBA members. Chairperson DeFalco noted that the plat of survey submitted by the petitioner is from the 1980s. He asked if staff required an updated survey. Ms. Papke said the plat of survey submitted by the petitioner was sufficient for the ZBA petition since conditions on the property had not changed significantly since the survey was drawn. However, once the proposed improvements are made on the property, the petitioner will need to get an updated survey before getting any additional permits. Mr. Tap asked if staff is satisfied that the lot coverage calculation submitted by the petitioner is accurate. Ms. Papke said staff is satisfied with the calculations. Mr. DeFalco summarized the petition and asked for a motion from the Board On a motion by Mr. Bartels, and a second by Ms. Newman, the Zoning Board of Appeals voted 6-0 that the Village Board approve the petition associated with ZBA 19-03, subject to the following five (5) conditions: 1. The porch shall be developed in accordance with the submitted plans and elevations prepared by Ronald T. Haas & Associates, Inc., dated February 5, 2019, and made a part of the petition; 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 4 Zoning Board of Appeals Minutes March 13, 2019 4. In the event that the building or structure on the subject property is damaged or destroyed, by any means, to the extent of more than 50 percent of the fair market value of such building or structure immediately prior to such damage, such building or structure shall not be restored unless such building or structure shall thereafter conform to all regulations of the zoning district in which such building or structure and use are located; and 5. The roofed-over porch shall remain unenclosed The motion carried by the following vote: Aye: 6- John DeFalco, Mary Newman, Raymond Bartels, Keith Tap, Ed Bedard, and Michelle Johnson Absent: 1- Val Corrado Business Meeting Approval of Minutes A motion was made by Mr. Bedard, seconded by Ms. Johnson, the minutes for the February 27, 2019 meeting were approved with noted corrections. The motion passed by a unanimous vote. Planner's Report Unfinished Business Mr Raymond Bartels was appointed as the Committee Vice-Chairperson with unanimous approval from the Committee members. New Business Adjournment A motion was made by Ms. Newman, seconded by Mr. Bedard to adjourn the meeting at 7:27 p.m. The motion passed by a unanimous vote Village of Lombard Page 5 Zoning Board of Appeals Minutes March 13, 2019 _________________________________________________ John DeFalco, Chairperson Zoning Board of Appeals _________________________________________________ Jennifer Ganser, Assistant Director of Community Development Zoning Board of Appeals Village of Lombard Page 6