header-left
File #: 2007-0324    Version: Name: Walsh Property - Variance
Type: MOTION Status: IN BOARD OF TRUSTEES
File created: 5/25/2007 In control: Board of Trustees
On agenda: Final action: 2/25/2008
Title: /Name/Summary Walsh Property - Variance
Attachments: 1. Plat of Vacation of LeMoyne Street (2008-0695)

Title/Name/Summary

Walsh Property - Variance

 

History

The petitioner originally requested a reduction in lot size requirements in order to make this property eligible for setback variances to allow a home to be built on the site at some point in the future.  The petitioner is currently requesting direction regarding the purchase of the adjacent right of way, which would make the lot large enough to negate the need for a reduction in lot size requirement.

 

If the purchase of the adjacent right of way is approved and pursued, the Walsh lot would still need to return through the process to request setback variances in order to provide a large enough building envelope to construct a single family home per the Village Attorney.

 

Background

 

This property is located on the southeast corner of 144th and the Lemoyne Street, right of way and is considered Lot 23 of 26 within the Raney Subdivision, recorded in 1920.    The 29’ Lemoyne Street right of way, which is adjacent to the west property line, has never been improved to a public roadway.

 

Twelve years ago, the Walsh Family bought two contiguous pieces of property from a single owner at the corner of Raney’s Lane and 144th Street.   An existing home rested on the east property and although both properties together still lacked the minimum required R-3 lot width, the combined area of 15,836 helped provide a usable property for one single family home.  The Walsh’s sold the property with the existing home and kept the small vacant lot to the west.

 

The Plan Commission unanimously denied the request to reduce the lot size requirements.  The Committee did not vote on the request but instead directed the petitioner to work with the adjacent property owner to reach agreement regarding the adjacent right of way.  Purchasing the adjacent right of way would make the Walsh lot eligible for setback variances, therefore negating the need for approval of the lot size reduction.  Increasing the Walsh lot with the adjacent right of way would, however, landlock the existing lot directly south of the Walsh lot.  This lot currently serves as the backyard for the resident at 14410 Raney’s Lane. 

 

The Development Services and Planning Committee encouraged the petitioner to work with the property owner to the south to come to an agreement regarding the petition.  The attached memo indicates that the property owner to the south had reached an agreement with the petitioner to consolidate his two lots with the adjacent right of way, therefore negating the potential for a landlocked parcel.  This memo is signed by the adjacent property owner.  The petitioner would consolidate the Walsh lot with the adjacent right of way to create a parcel large enough to apply for setback variances.  The Village Board would ultimately approve the sale of any Village owned land.

   

Next Steps

If the Walsh’s pursue the purchase of the adjacent right of way, this petition would be terminated because a variance to reduce the lot size would not be required.   There are however, numerous steps required to allow for a home to be constructed on this new parcel, which would still have a nonconforming lot depth.  These include:

 

Appraisal of the adjacent right of way.

Agreement on the purchase price of the adjacent right of way.

Village Board approval of the sale of the adjacent right of way.

Lot consolidation.

Request for variance to reduce setbacks to construct a single family home.

 

The newly created lot would be conforming in lot area and width but not depth.  In the past, the Village Board denied a nearby request to create a nonconforming lot at 10255 143rd Street.  Village Code requires a 30’ front and rear yard setback for homes which results in a building envelope only 14’ deep on the Walsh lot.  Most homes in the area are approximately 50’ in depth.  A 50’ deep home on this lot would require variances to reduce the front and rear setback to 12’ each.  The setback variance request currently does not have approval from the Village Board or staff.  


Upon purchase of right of way, the petitioner is responsible for providing a consolidation of the lots and the application for setback variances.   The Village can process lot consolidations/subdivisions and variances in the same petition.

 

This is now before the Development Services and Planning Committee for consideration.

 

PLEASE SAVE ATTACHMENTS.  THE INFORMATION ATTACHED WILL NOT BE DUPLICATED FOR THE VILLAGE BOARD MEETING FOR THIS PROJECT. A NEW COVER SHEET WILL BE PROVIDED WITH THE APPROPRIATE BOARD MOTION.

 

Recommended Action/Motion

 

I move to terminate the request for a variance for 10255 144th Street in Orland Park to reduce the minimum lot size from 80’x125’ (10,000 sq. ft.) to 107’x74’ (7,918 sq. ft).