Title/Name/Summary
Dudek Residence
History
PETITIONER:
Michael Dudek
LOCATION:
14430 Raneys Lane
REQUESTED ACTION:
1. A variance to the north side yard setback established by Section 6-204E(2) of the Land Development Code (see attached), to permit a side yard setback of 6.9 ft. instead of the otherwise required 9 ft. for R-3 zoning (a 25% variance).
2. A variance to the south side yard setback established by Section 6-204E(2) of the Land Development Code (see attached), to permit a side yard setback of 6.9 ft. instead of the otherwise required 9 ft. for R-3 zoning (a 25% variance).
3. A variance to the front yard setback established by Section 6-204E(1) of the Land Development Code (see attached), to permit a front yard setback of 11.9 ft. instead of the otherwise required 30 ft. front yard setback. (A 60% variance requiring Village Board approval because of limitations placed on the hearing officers who are only allowed to approve or deny variances up to 25%-see attached Section 5-109E for limitations).
4. A variance for lot coverage established by Section 6-204F of the Land Development Code (see attached), to permit lot coverage of 56% instead of the required 40% for R-3 zoning (a 40% variance requiring Village Board approval because of limitations placed on the hearing officers as to the type of variance they can grant (see attached Section 5-109E for limitations)). The lot size is 12,303 sq. ft. R-3 zoning allows 35% lot coverage plus 5% additional for accessory structures. 40% lot coverage for this lot = 4921. The petitioner is asking to increase the lot coverage from 4921 sq. ft. to 6846 sq. ft.
BACKGROUND:
The petitioner is requesting the above four variances in order to place a new residence on the lot. The house which was previously on the lot had been in the petitioner’s family for years, but the petitioner states it was too small for his growing family. The house was demolished in November, 2008. The petitioner has been working with his architect to design a house which would best fit his family’s needs. He also states that he will be placing an inground pool on the property in the near future. Through prior meetings with staff and through access to on line building code and Land Development Code requirements, the petitioner and his architect were provided with all information needed to design the house to comply with Village requirements.
In order for a variance to be requested, a hardship must exist per the Land Development Code requirements. This hardship must exist due to the resident’s unique circumstances, such as irregular lot size, unusable 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, will not impair adequate light and air to adjoining residences, or alter the essential character of the neighborhood.
The petitioner’s proposed residence could be detrimental to the surrounding neighbors because of its closeness to both north and south property lines if the side yard variances are granted. There are also concerns about whether the new construction will alter the character of the established neighborhood. The neighborhood would be impacted by a reduction in the front yard setback from 30 ft. to 11.9 ft. This would move the house forward to a degree that would create disharmony with the established front yard setbacks in the area. Also, the requested lot coverage increase 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. With the four variances, the proposed residence may set precedence for teardown projects that will have a cumulative impact on existing neighborhoods in Orland Park. These impacts include having houses too close to each other, houses too close to the street, excessive storm water runoff and loss of green space.
The petitioner mentions several times in response to the statements in the variance standard questionnaire that similar variances have been granted in the past in this subdivision. Staff has researched variances granted in the Tuckaway area over the past ten years. Six variances were granted. Five of the six were for situations involving
existing non-conforming setbacks, where in order to add on to an existing home utilizing the existing foundation, a variance was necessary. Only one of the six variances was for
a situation involving a complete teardown and rebuild, similar to what the petitioner is doing. This variance was for the rear yard only, necessary because of a hardship placing a house on the lot due to unique setback requirements involving 143rd St. on the north end of the lot and an alley right-of-way requirement on the south end.
Because this involves new construction, the petitioner has every opportunity to design the house to fit within the setback and lot coverage parameters established for the R-3 zoning district. The petitioner’s project does not involve modification or enlargement of an existing house where an existing foundation is already in place, and where a hardship may exist due to a change in living arrangements. The lot size of 12,303 sq. ft. is an above average lot size for this zoning district, and could easily be designed to accommodate a large house, three car garage and driveway which would meet the required R-3 zoning setbacks.
The ten variance standards are attached. The petitioner was instructed to post a sign on the premises, and was also instructed to notify his neighbors within 300 ft. of the property via certified mail of his intentions to seek variances on the property.
Variance #1 - I move to approve/deny the ten variance standard responses submitted for Variance #1, as set forth in Section 6-204E(2) of the Land Development Code of the Village of Orland Park, to allow a side yard setback of 6.9 ft. rather than the required 9 ft., for property located in Wildwood Hills subdivision, commonly known as 14430 Raneys Lane.
Variance #2 - I move to approve/deny the ten variance standard responses submitted for Variance #2, as set forth in Section 6-204E(2) of the Land Development Code of the Village of Orland Park, to allow a side yard setback of 6.9 ft. rather than the required 9 ft., for property located in Wildwood Hills subdivision, commonly known as 14430 Raneys Lane.
Variance #3 - I move to approve/deny the ten variance standard responses submitted for the variance requested, as set forth in Section 6-204E(1) of the Land Development Code of the Village of Orland Park, to allow a front yard setback for the attached garage of 11.9 ft. instead of the required 30 ft. for property located in Wildwood Hills subdivision, commonly known as 14430 Raneys Lane. After recommendation for approval/denial by the hearing officers, this variance will be forwarded to the Village Board for final approval or denial.
Variance #4 - I move to approve/deny the ten variance standard responses submitted for the variance requested, as set forth in Section 6-204F of the Land Development Code of the Village of Orland Park, to allow lot coverage of 56% instead of the required 40% for R-3 zoning, for property located in Wildwood Hills subdivision, commonly known as 14430 Raneys Lane. After recommendation for approval/denial by the hearing officers, this variance will be forwarded to the Village Board for final approval or denial.
Recommended Action/Motion
Mr. Fitzgerald: I move to continue the public hearing for case number 2009-0053, Dudek Variance, to the March 10, 2009 meeting of the Hearing Officers.
Mr. Morrison: Second.