Plan Commission - Regular Meeting

This is a duly advertised meeting of the Joliet Zoning Board of Appeals. In our capacity, we hear petitions for relief from the strict provisions of our city ordinance. Matters of this type of decision of this board is final. In respect, it does not go to the mayor or the city council for any further action. If you disagree with our decision, you do have recourse in a court of record.

We also hear petitions for variations of land use. Measures of this type react as an advisory committee to the mayor and city council, making a recommendation either for or against final decision on land use is made by the mayor and the city council. Secretary, all the role.

Mr. Baez? Present. Mr. Noctri?

Here.

Ms. Rodakovich? Here. Ms. Rohr? Ms. Schmieg? Here. Mr. Stiff?

Here.

Chairman Hennessey?

Here. Great.

First on the agenda is approval of the Zoning Board of Appeals meeting minutes for 01/15/2026.

Motion be in order. So move. Second. Motion seconded. Approve for call the board.

Mister Baez. Aye. Mister Nachtri.

Aye.

Miss Radakovich. Aye. Miss Schmig. Aye. Mister Stiff.

Aye.

Chairman Hennessy.

Aye. Alright. Next on the agenda is citizens to be heard on agenda items. This section is for anyone wanting to speak regarding agenda items and are allowed a maximum of four minutes. It is not a question and answer period, and staff and the zoning board of appeals members do not generally respond to public comments. I will note that we have one item on the agenda tonight as a public hearing. So if you are here as a petitioner or a member of the public for that, you are welcome to speak then, or you can speak now. But there is an opportunity to address the zoning board during the public hearing.

Let's proceed.

Okay. Next on the agenda is old business public hearing, of which there are no agenda items, which brings us to new business public hearing. And the petition is petition twenty twenty six o three. The applicant is Fabian Contreras. The status of the applicant is property owner, and the location is 108 Hunter Avenue.

And the request is a series of variations to reduce the required rear yard and side yard setbacks for a new detached garage from three feet to one foot located at 108 Hunter Avenue. Again, the variation requests are to reduce the required rear yard setback from three feet to one foot, and then the side yard is the second variation request to reduce or excuse me. Second variation request is to reduce the side yard setback from three feet to one foot. And the zoning board of appeals makes the final decision on these variation requests. For site specific information the subject property is 6,515 square feet and this contains a two story single family residence that was built in 1900 The property has an existing 566 square foot detached garage in the southeast corner.

An asphalt driveway leads to the existing garage from Hunter Avenue. The applicant wishes to construct a new garage in the approximate location of the existing garage. Elevations of the proposed new garage have been included in the staff report packet. The new garage would be approximately 42 feet long and 22 feet wide and would include approximately 264 square feet of patio space within the garage frame footprint. A permit to construct the garage was originally applied for on 06/24/2025.

Approval of the building permit is contingent upon approval of requested setback variations for surrounding zoning land use and character the subject property is in the Saint Patrick's neighborhood on the city's near West Side and is surrounded by other single family residences with a combination of r two single family residential zoning and r three one and two family residential zoning for applicable regulations we have section forty seven seven point three permitted accessory uses within the r three zone we have section 47 dash 17.5 garages and carports and then section 47 dash 19.8 findings of facts supporting a variation under analysis approval of the requested variations would allow the owner to construct a 42 foot by 22 foot detached garage section 47 dash 5.2 d of the city's zoning ordinance allow other uses customarily incidental to the established principal use such as detached garages provided that they are three feet from the rear and side yard lot lines the applicant wishes to build the proposed garage one foot away from the existing rear and side yard lot lines. Since the proposed garage contains a 12 inch eave overhang, the one foot setback distance will allow for the entirety of the garage to fit on the subject property.

The garage would also be built with gutters and downspouts that would direct stormwater runoff onto the subject property. Section 47 dash 17.5 of the city's zoning origins further states that detached garages may not exceed a wall height of 10 feet and a total height of 20 feet. The proposed garage will feature nine foot tall walls with a total height from base to roof pitch of 18 feet and seven inches. For the city zoning ordinance, the applicant has stated that the proposed new garage will feature complementary building materials and colors that are utilized on the lot's existing principal structure. The proposed new garage would be approximately 63% larger than the existing detached garage on the subject property.

Approximately 28% of the new garage would be patio space. Most residences in the surrounding area contain detached garages that abut the rear yard and side yard lot lines. However, garage size varies. And while the proposed new garage of 924 square feet would not be the largest detached garage in the neighborhood, it would be larger than most, which which fall within the range of 600 to 900 square feet in size. Section 47 dash 19.8 of the city's zoning ordinance details the findings of fact that need to that need confirmation to support a variation request.

Staff believes the property in question can still yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the R 3 Zoning District. While it is common for detached garages to be directly adjacent to a property's rear or side yard lot lines, the applicant has not presented any evidence of a practical difficulty or hardship to avoid compliance with the existing setback regulations. However, while staff acknowledges that a hardship or practical difficulty to allow construction of the new garage within the required setback area likely does not exist, many residences in the area have located their detached garages on the rear and side yard lot lines. This, practice likely predates the existing zoning ordinance in many cases. Therefore, while the proposed new garage would be larger than most detached garages in the area, given the preexisting locations of comparable detached garages in the area, staff does not believe the requested variations, if granted, would alter the essential character of the locality.

And for suggested conditions of approval, there is one is and that is if the garage that the garage shall meet the materials and colors of the principal structure on the subject property. And that concludes staff's report.

Commissioner here? Yeah. Get up there. Your turn. Raise your right hand. Do you swear the evidence or butters to say the truth so I help you God? Yeah. Yes. Name and address. The address, 1 Way Hunter Avenue. You put it down. Now you can tell us whatever you want to. No. Any comments? No comments. I'm waiting for a a permit. Permit. Okay. Any questions by the board? Is there is there a structure there presently? A what? Is a building there now? Yeah. They're building it now. I'm trying to build it on the same spot.

Like I said, maybe move one foot in. Yeah. Any other questions? Anybody in the audience wish to speak in favor? Anyone opposed? Chair, close the petition. Ask the board for discussion. End in motion. Motion to accept. Second. We have a motion and second to approve the petition. Pull the board.

Mister Nochtribe.

Aye.

Miss Redakovic. Aye. Miss Schmig. Aye. Mister Stiff. Aye. Mister Baez.

Aye.

Chairman Hennessey.

Aye. Alright. The Thank you. Requests were approved. Okay. Next on the agenda is old business, new business, not for final action or recommendation, of which there is none. And then that brings us to public comment. The section is part of them wanting to speak regarding non agenda items and are allowed a maximum of four minutes. Is there anyone who would like to address the zoning board of appeals under public comment? Okay. That brings us to adjournment.

Motion to adjourn. Motion. Second. All aboard.

Mister Adakovich? Aye. Miss Schmig? Aye. Mister Stiff? Aye. Mister Baez? Aye. Mister Nochtrie?

Aye.

Chairman Hennessy? Aye.