Town of Normal Zoning Board of Appeals met April 20.
Here are the minutes provided by the board:
Summary: Proposed variance to permit an accessory structure to have a 1-foot setback from the property line instead of the minimum 5-foot setback required by code
Staff Recommendation: Approval
Background
1202 S Fell was designated a local landmark by the Town Council in May 2000 (Ord. No. 4649) and is located in the K.H. Fell’s Addition. This two-story, farm-style home was built in the mid 1870’s and was home to Kersey Fell, brother of Town founder Jesse Fell, a prominent local attorney/businessman, political organizer, and early supporter of Illinois State Normal University. The property is one of the oldest residences in Normal and has been approved by the Historic Preservation Commission for window replacement projects, the restoration of the home’s chimney, roof, porch, and foundation repairs.
The current proposal seeks to construct a new garden shed in the same location as the existing, non-historic shed, which is set back 1’ from the side yard property line. The dwelling is in the R-1B Zoning District and requires a 5’ side yard setback, making the existing shed anonconforming structure. The applicantwould like to utilize the existing concretefoundation for the proposed new shedand maintain the existing 1’ setback fromthe property line. The proposed shedwould be 10’ x 20’ (200 square feet),which is larger than the existing shed.
The Historic Preservation Commissionwill review the application onWednesday, April 19th. The decisionfrom that meeting will be forwarded to theZoning Board of Appeals members whenavailable.
| Standard | Proposal | |
| Side yard setback variance | 5’ | 1’ |
The owner will be present during the public hearing to answer questions.
Adjacent Zoning
| Property | Zoning District | Land Use |
| Subject Property | R-1B, Single-Family Residential and S-3 Historic District | Single-family housing |
| Adjacent North | R-1B, Single-Family Residential | Single-family housing |
| Adjacent East | R-1B, Single-Family Residential | Single-family housing |
| Adjacent South | R-1B, Single-Family Residential | Single-family housing |
| Adjacent West | R-1B, Single-Family Residential and S-3 Historic District | Single-family housing |
Variation Standards Section 15.12-4(D)
The Zoning Board of Appeals shall prepare findings of fact from the evidence adduced at the administrative public hearing indicating the extent to which the following items are demonstrated:
1. Granting of the variation will be in harmony with the purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
2. The property in question cannot yield a reasonable return if permitted to be used under the conditions allowed by the bulk, sign, or off-street parking and loading regulations of the zoning classification of the property in question.
3. The plight of the owner is due to special circumstances.
Under Illinois state law and Town of Normal code, the Zoning Board of Appeals shall grant a variation only if each of the above standards has been satisfied.
Staff Analysis
1. The variance, if granted, is unlikely to present a detriment to the surrounding neighborhood. The existing shed has been within the existing side yard setback for decades. In addition, it is common to see accessory structures within the side yard or rear yard setbacks in historic structures/neighborhoods.
2. A true determination of reasonable return would require the analysis of an appraiser; however, Town staff believes that requiring the applicant to remove the existing concrete foundation and pour another one elsewhere on the property would be an undue financial burden to the property owner.
3. The property is unique because it is a corner lot with a detached garage, leaving minimal space for the garden shed to go elsewhere.
Town Staff Recommendation
For these reasons, Town staff recommends approval of the variance as requested.
Zoning Board Action
___ Approved
___ Conditionally Approved
___ Denied
To all Applicant(s) - Please note that:
a. The approved variation will expire within one year from the date of the Board decision if the applicant failed to obtain a building permit (Section 15.12-5(E)(3)
b. No application for variation which has been denied wholly or in part by the Zoning Board shall be submitted for a period of one year from the date of said order of denial except on the grounds of error in the original proceedings or change of conditions found to be valid by the Zoning Board of Appeals (Sec. 15.12-5(E)(2)
c. Decisions of the Zoning Board of Appeal concerning a variation request in R-2, R-3A, R-3B, B-1, B-2, C-1, C-2, C-3, M-1, and M-2 Zoning Districts shall be considered a provisional decision for a period of 10 days. During the 10-day provisional period, any member of the Town Council may file in writing with the City Clerk a stay of decision. This provision gives the Council the opportunity to review the action of the Zoning Board and render a final decision, which may only be reviewed in the courts in accordance with the applicable statutes and law of the State of Illinois. Please see Sec. 15.12- 5(E)(1)(a) of the Zoning Code for additional information.
| ZBA Member | AYE | NAY | OTHER |
| Randy Schaab | |||
| Gary Blakney | |||
| Keith Palmgren | |||
| Corrine Brand | |||
| Craig Queen | |||
| Todd Anderson |
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