DeKalb Times

City of Sycamore Board of Zoning Appeals met February 28. 

Here is the agenda as provided by the board:

The Board of Zoning Appeals has one action item.

A. Consideration of a request of Jacob Wyatt for a variation from Article 6.5, Lot Standards, of the Unified Development Ordinance to allow construction of a new single family residence on the property located at 233 Center Cross Street (PIN 06-32-154-025) in the City of Sycamore, Illinois.

Jacob Wyatt recently purchased the property located at 233 Center Cross Street. The property, located at the corner of Center Cross St. and Roosevelt Ct. is zoned R-1, Single Family Residential District and currently is the site of a single-family home and detached garage. Mr. Wyatt notes in his petition that he will be “removing a dilapidated structure and building a home fitting of the neighborhood”.

The petitioner hopes to demolish the existing home and garage and construct a new home fronting Roosevelt Ct. that would meet setback requirements with an attached garage with access from Center Cross St. In order to accomplish this, Mr. Wyatt is requesting variation from Article 6.5, Lot Development Standards of the City’s Unified Development Ordinance for this lot which was platted prior to June 24, 1996.

The first potential variance request is the lot width requirement. The lot in question is 54 feet wide (Center Cross frontage) or 125 feet wide (the Roosevelt Ct. frontage) and given that it is on a corner the UDO calls for a minimum lot width of 60 feet. A variance for lot width may be required based on what side is viewed as the front.

The second potential variance deals with the rear setback; again depending on which side is considered the front. Using Center Cross as the front, the rear setback would be 44 feet, significantly greater than the 25 feet required. This would make the side setback 6 feet, more than the 5 feet required. Where a potential rear setback variance would be required is if the rear is viewed using Roosevelt Ct. as the front. This would make the same proposed 6-foot setback less than the 25 feet required.

Regardless of whether the front of the property is viewed from Roosevelt Ct. or Center Cross, a variance is required to allow for the demolition of the current structure and construction of a new home. To avoid confusion, both now and at any point in the future, staff recommends setback variances be considered to allow the construction of a new home on the property at 233 Center Cross St. consistent with the site plan below:

Article 4.6 of the City’s Unified Development outlines the procedures for variations. The Zoning Board of Appeals may recommend and the City Council may authorize such variations from the terms of this Title as are hereinafter set forth in harmony with their purpose and intent and will not be contrary to the public interest.

A variation shall only be recommended by the Zoning Board of Appeals based upon the evidence that:

a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district in which it is located.

b. The plight of the owner is due to unique circumstances.

c. The variation, if granted, will not alter the essential character of the locality.

For the purpose of determining conformance with such rigorous standards of variation, the Zoning Board of Appeals shall also take into consideration the extent to which the following facts may be established by the evidence:

• The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations were carried out and which is not generally applicable to property within the same district.

• The alleged hardship has not been directly created by any person presently having a proprietary interest in the premises.

• The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

• The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety.

• The proposed variation is in harmony with the spirit and intent of this Title.

• The existence of any non-conformity anywhere in the City shall not itself be considered grounds for granting a variation for other property.

Staff has reviewed the proposed plan and finds that the petitioner intends to construct a structure for the same use. While the home and garage are situated on the property different than the current structures, the petitioner intends to build a similar sized and situated footprint consistent with the neighborhood.

After reviewing the variation request, staff requests a favorable recommendation to the City Council. Any action taken will be forwarded to the City Council along with any recommendations from the Board of Zoning Appeals on Monday, March 4th.

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