Zoning Board of Appeals

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Wednesday, May 31, 2023 7:00 PM SPECIAL MEETING Village Hall Board Room Zoning Board of Appeals John DeFalco, Chairperson Mary Newman, Raymond Bartels, Keith Tap, Michelle Johnson, Brian Conway and Zach Meadows Staff Liaison: William Heniff Zoning Board of Appeals Minutes May 31, 2023 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, Michelle Johnson, Zach Meadows, and Brian Conway Absent 1 - Keith Tap Also present: Jennifer Ganser, AICP Assistant Director of Community Development Public Hearings 230171 ZBA 23-05: 222 N Craig Place The petitioner requests that the Village grant the following variances in the R2 Single-Family Residence District: 1. A variance from Section 155.407(H) of the Lombard Code of Ordinances to allow for forty percent (40.2%) of the lot area to be preserved in open space, where a minimum of fifty percent (50%) lot area preserved in open space is required; and 2. A variance from Section 155.210(B)(2)(b) to allow a detached garage to be setback three feet (3’) from rear property line, where six feet (6’) is required. (DISTRICT #4) Eric Luedtke and Phil Kwitkowski, petitioners, Jennifer Ganser, Assistant Director, was sworn in by Chairperson DeFalco to offer testimony. Mr. Kwitkowski thanked the ZBA and staff, as well as his architect. He introduced his wife and three children. They purchased this home in 2020 after living in Lombard for 10 years. He said the home needed some changes to accommodate their family, which included a new garage. The project was put on hold in 2021, around the time of the new setback regulations for detached garages. He discussed his family and their involvement in Lombard organizations. Mr. Luedtke gave a presentation on the project. He showed aerial photographs from 1978 and 1987 with the garage and shed. He Village of Lombard Page 1 Zoning Board of Appeals Minutes May 31, 2023 showed pictures in 1998 and onward that show the deck as well. He noted everything existed from at least 1998. He said there hasn’t been an increase to the lot coverage in approximately 35 years. He showed pictures of the existing garage and noted the tight corners. He noted the existing garage is approximately eight feet from the neighbor’s garage. He said the area is tight with an SUV and pickup truck as well as other items. He said scheme F was chosen. He noted the lot is non-conforming in lot width and area. The proposed garage would be larger than the current garage and shed. He said the garage would be 3’ off the rear lot line. Mr. Kwitkowski said the existing shed is nonconforming for the rear yard setback. Mr. Luedtke said by pushing the garage back they will also be further away from the neighbor’s garage. He said the height meets Code, based on recent Code revisions. He discussed the existing gutters and how the water would be directed on the property owners’ lot, not on the neighbor’s property. He noted that PES requested a drywell, however, they have an issue with the size of the drywell and believes the amount should be tied to the overage only per Section 151.04B. He reviewed the standards for a variance and noted that a new garage in the same location would require four variances to be built. He said the shed is at the 3’rear yard setback, and therefore, they believe there is an existing non-conformity, and a new garage would not increase the non-conformity. Chairperson DeFalco asked if anyone from the public had any questions or comments. Mr. Larry Burnside said he lives to the south and has for 4 years. He said the first night in the house the basement flooded. He said Mr. Kwitkowski has improved his property. He said the footprint is similar and the new structure would better address drainage. He referenced larger homes around Lombard and said that this is different. He said his property has a concrete driveway and noted that the angle requires his cars to be parked a certain way. He said he doesn’t believe this will affect the neighborhood. Chairperson DeFalco noted the emails received in support of the project. Chairperson DeFalco asked for the staff report. Ms. Ganser presented the staff report, which was entered into the record in its entirety. The subject property is developed with a single-family home with a detached garage and deck. The property owner would like to replace their existing detached garage with a new Village of Lombard Page 2 Zoning Board of Appeals Minutes May 31, 2023 larger detached garage. The property currently does not meet open space of 50% and they are asking to further reduce the amount of open space with the proposed garage. The proposed garage location would also necessitate a variance for the rear yard setback. Staff notes the property is 50’ wide and 6,835 square feet, which is below Code requirements. However, all properties in the Village zoned R2 need to meet the 50% open space requirement. Currently, the property has existing lot coverage of 57.3%, where 50% is allowed. With the proposed project, lot coverage would be 59.8%. In the R2 zoning district, properties are required to have 50% open space. Open space is defined in the Zoning Code, as “Open space is that portion of a lot or property maintained as lawn, garden, field, woods, wetland, or other natural landscape area and is free of buildings, structures and impervious surfaces.” The petitioner is also asking for a variance for the rear yard setback. The 6’ rear yard setback was the result of a 2021 text amendment (PC 21-22). Staff has observed that the proximity of larger accessory structures, such as garages, to rear property lines has created several issues such as distance to power lines and drainage. Three emails in support of the project were received by staff after the ZBA report was sent out. Those emails were given to the ZBA for their review. One email in support of the project was included in the staff report. Ms. Ganser said the Village’s engineer made the drywell comments. If the ZBA wants additional information from the engineer, they can continue the case to a date certain. She discussed how stormwater code and open space code are different. She noted that drywells have been required for other properties in Lombard, many of which meet the 50% open space requirement. She said as the petitioner is asking for zoning relief conditions can be put on the relief, if approved. Staff does not believe the petitioner has affirmed the standards for a variance and recommends denial. Mr. Bartels asked how did the lot get less than 50% in open space. Chairperson DeFalco said the aerials showed the structures in place as early as 1987. Ms. Ganser said staff found a permit for the house and garage, however, not for the deck. Mr. Luedtke said the edge of the deck is seen in the 1998 aerial; he is not sure about the 1987 aerial. In 1990 the 50% open space was in effect. He said they are over lot coverage even without the deck. Mr. Bartels confirmed there are no easements on the property. Ms. Village of Lombard Page 3 Zoning Board of Appeals Minutes May 31, 2023 Ganser confirmed that the plat showed no easements. Mr. Conway asked if they considered removing the deck. Mr. Kwitkowski said he didn’t realize they would still be over 50% without the deck. Mr. Luedtke said they did not review the deck removal as he didn’t feel that that would entail a favorable recommendation from staff. Chairman DeFalco noted that the 50’ lot does make it difficult to get to 50% open space and that this lot is also non-conforming in lot area. He said even if the lot was 7,500 it would still be overbuilt. He asked if the shed is on a concrete slab. Mr. Kwitkowski said there is an area with rocks behind the garage to the property line. Mr. Luedtke said it’s similar to the side of the garage. Chairman DeFalco asked if the movable component of the shed impacts open space. Ms. Ganser said no, it is still lot coverage. Chairman DeFalco said the proposed garage is quite large. He asked why the garage was proposed to be large knowing that there is an open space issue. Mr. Luedtke said they have a large SUV and large pickup truck. Secondly, he said they want to store items inside the garage that are currently outside and in the shed. Mr. Kwitkowski said to maneuver the vehicles they needed extra space to park. Mr. Luedtke said the door would be 20’ in width. Mr. Kwitkowski said the larger garage allows more space when they are in the garage. Chairman DeFalco asked if a 20’ door could be put on a smaller garage and Mr. Luedtke said yes. Ms. Johnson asked if they need a shed variance. Ms. Ganser said no, only variances for the garage since that is the proposed new project. Ms. Johnson asked if they considered other alternatives meeting open space. Mr. Luedtke said no. Mr. Kwitkowski said they looked at other garage positions on the property, but none significantly changed open space. Mr. Luedtke said they had an alternative with the garage 6’ off the rear property line which did reduce one variance, however it was not ideal for the homeowner. Mr. Kwitkowski said the tighter the garage is, the less they will want to pull into the garage. He noted his neighbors see the vehicles now and there are safety issues with leaving cars outside all night. Mr. Luedtke said the garage was closer to the neighbor if they met the rear yard setback. Mr. Meadows asked why lot 12, their lot, is different than surrounding lots. Mr. Luedtke said they are not different. They are similar in size; however, the structures are different, and positioning is different. Ms. Newman asked what the increase of coverage is. Mr. Luedtke said approximately 169 square feet, a 2.5 % increase from current. Ms. Newman asked about the comments from PES. Mr. Luedtke said Village of Lombard Page 4 Zoning Board of Appeals Minutes May 31, 2023 he is questioning the area of the volume. He noted the stormwater code is cumulative and started in 2001 whereas open space was codified in 1990. He believes they should provide detention for the additional 169 square feet only. Ms. Ganser clarified that the two codes are different, and the variance is related to the zoning code, not stormwater. Chairperson DeFalco opened the meeting up for discussion among the ZBA members. Chairman DeFalco said the 50% open space is for water run off and drainage, not just open space. He lived in Lombard since the 1970s and noted past flooding and stormwater concerns on the north side of Lombard. He said the detention issue could be taken up by the Board of Trustees. Mr. Bartels asked what their options are and how the conditions would be handled. Ms. Ganser explained the options of a continuance, denial, or approval. She said the ZBA, and Board of Trustees, has the option to add, amend, or delete conditions. Chairman DeFalco noted that many new homes have two-car garages and that many older homes do not have a two-car garage, as it is not a requirement. Ms. Johnson referenced the alternative recommendation and asked about condition 1. Ms. Ganser said this ensures the petitioner, should the project be approved, builds their project in conformance with the plans submitted and reviewed. Mr. Bartels made a motion for denial and Mr. Meadows made a second. Mr. Meadows said he is sympathetic and agrees with the location of the rear yard setback, however, does not believe there is a hardship for the open space. He said the building may be what the family needs, but the problem is not unique to the block or property. The Zoning Board of Appeals voted 4-2 that the Village Board deny the petition associated with ZBA 23-05. A motion was made by Raymond Bartels, seconded by Zach Meadows, that the petition ZBA 23-05 be recommended to the Corporate Authorities for denial . The motion carried by the following vote: Aye: 4- John DeFalco, Mary Newman, Raymond Bartels, and Zach Meadows Nay: 2- Michelle Johnson, and Brian Conway Village of Lombard Page 5 Zoning Board of Appeals Minutes May 31, 2023 Absent: 1- Keith Tap Business Meeting Approval of Minutes A motion was made by Mr. Conway and seconded by Ms. Johnson, the minutes for the March 22, 2023 meeting were approved. The motion passed by a unanimous vote. Planner's Report None Unfinished Business None New Business None Adjournment A motion was made by Ms. Newman, seconded by Mr. Bartels to adjourn the meeting at 8:02 p.m. The motion passed by a unanimous vote. Village of Lombard Page 6