TItle/Name/Summary
Dudek Residence - Variances
History
Mr. Dudek petitioned for four variances in order to build a new house at 14430 Raneys Lane, after the prior house had been demolished. The February 10, 2009 zoning hearing was continued untill March 10, after Mr. Dudek and his architect were asked to return with revisions to his drawings. The neighbors in attendance were concerned about the number and nature of the four variances, and the hearing officers recommended the hearing be continued. Mr. Dudek and his architect returned on March 10. Two of the four variances were not modified from the original February 10 hearing. After much discussion, the two side yard setback variances (reducing the side yards from the required 9 ft. on each side to 6 ft. 9 in.) were approved by the hearing officers. The third variance originally requested for the front yard, was modified, revising the original request from placing the house at 11 ft. 9 in. from the property line, to placing the house at 22 ½ ft. This variance was also granted at the March 10 zoning hearing.
The fourth variance being requested is for lot coverage. Required lot coverage for R-3 zoning is 35% plus an additional 5% for accessory structures. Mr. Dudek is asking for an increase in lot coverage from the required 40% to 54%, a 36% variance requiring Board approval because of limitations placed on the hearing officers as to the type of variance they can grant. The petitioner is asking to increase the lot coverage from 4921 to 6677.
Over the course of all of the zoning hearings, the footprint of the house has remained unchanged. The petitioner has shifted the house farther back on the lot and has agreed to remove selected areas of patio and driveway. To summarize, the petitioner, Mr. Dudek, initially requested four variances, three of which were granted at the March 10 zoning hearing. The fourth variance for lot coverage is before the Village Board because of the nature of the variance being requested. The hearing officers recommended denial of the fourth variance for lot coverage. In order for a variance to be granted, a hardship must exist per the Land Development Code requirements. This hardship must exist due to the petitioner’s unique circumstances, such as irregular lot size, unusual sections of the lot because of easements, topography, trees, etc., or a hardship due to changes in present living arrangements. Through the ten variance standard responses, the petitioner must testify that the variances will not be detrimental to public welfare or alter the essential character of the neighborhood.
The requested variance for lot coverage could negatively impact the storm water runoff as it relates to neighboring residences. An increase in lot coverage would also decrease the amount of green space typically prevalent in older, more established areas such as this one. Because this involves new construction, the petitioner has every opportunity to design the house to fit within the lot coverage parameters established for the R-3 zoning district. The lot size of 12,303 sq. ft. is an above average lot size for this zoning district, and similar sized lots in the area were developed in conformance with the setbacks and lot coverage of the R-3 zoning district, and no variances were requested.
I move to approve/deny the 36% variance, as set forth in Section 6-204F of the Land Development Code of the Village of Orland Park, to allow lot coverage of 54% instead of the required 40% for R-3 zoning, for property located in Wildwood Hills subdivision, commonly known as 14430 Raneys Lane.
Recommended Action/Motion
I move to approve 5004 square feet lot coverage for house and driveway only;
and
To approve referring this item to the Development Services and Planning Committee for further discussion on the issues of stormwater management, credits, and policies/guidelines.