The city of Moline Zoning Hearing Officer met Dec. 15 to review variance requests.
Here is the meeting's agenda, as provided by the city:
Any person with disabilities who wishes to attend the meeting who requires a special accommodation, or any other person requiring a special
accommodation in attending the meeting, should notify Anamaria Vera, Department of Planning and Development, 524-2030, at least 24 hours
prior to the meeting time.
AGENDA
ZONING HEARING OFFICER
Thursday, December 15, 2016
4:00 p.m.
City Council Chamber
Moline City Hall
619 16th Street, Moline, IL
1. Hearing ZH 16-03 (variance)
Hodge Construction on behalf of Hiland Toyota Body Shop (1575 52nd Ave)
Variance to allow a rear building addition to be located 10 feet from the rear
property line, 10 feet closer than allowed a B-4 zoning district.
2. Hearing ZH 16-04 (variance)
Joshua and Emily Brooks on behalf of Michael and Tonya Burgess
(1300 20th Ave)
Variance to allow a 5’ fence in the front yard, 1.5’ taller than allowed in an R-2
zoning district.
STAFF REPORT
ZONING HEARING - Case Number ZH 16-03
Prepared by Shawn Christ, Land Development Manager
December 9, 2016
GENERAL INFORMATION
Owner/Applicant: Hiland Toyota Body Shop (owner); Hodge Construction (applicant)
Location: 1575 52nd Ave
Request: Variance to the bulk/setback standards at Section 35-3301 of the
Moline Zoning and Land Development Code to allow a rear building
addition to be located 10 feet from the rear property line, 10 feet
closer than allowed in a B-4 zoning district.
Size of Tract: 1-acre
Existing Land Use: Auto body repair shop
Existing Zoning: B-4 (Highway/Intensive Business District)
Surrounding Land Uses: Commercial
BACKGROUND
Hiland Toyota operates an auto body repair shop at 1575 52nd Avenue in Moline. They propose to
construct a 44’ x 88’ rear addition to the building. Hodge Construction has applied for a variance
on behalf of Hiland Toyota to allow the addition to be placed 10 feet from the rear property line, 10
feet closer than allowed.
ANALYSIS & APPROVAL CRITERIA
Section 35-2207(c) of the Moline Code of Ordinances establishes the approval criteria for zoning
variances. Applicants must demonstrate that all of the approval criteria are satisfied in order for a
variance to be granted. Each criterion is identified below with staff’s findings. Please refer to the
application form for detailed descriptions of these criteria.
Criteria #1: Hardship Unique to Property, Not Self-Inflicted (NOT MET)
This criterion can be met if there is an exceptional condition which does not apply generally to
other land areas within the same zoning district, and such condition or unique hardship was not
created by action or inaction of the applicant or property owner. The application states the
original building design did not anticipate an increase in business and was placed on the lot with
a very large front yard and a 54’ rear yard. It suggests that the rear yard is inadequate for a shop
expansion, yet this condition would have been created by the property owner. In addition, the
building placement would allow for a 34-foot rear addition and a sizable 50+ foot east side
addition which could be placed up to the easement line. Staff finds no unique hardship or
2
exceptional condition.
Criteria #2: Special Privilege (MET)
The tennis club building and the retail building to the east appear to be slightly reduced, placed
approximately 15 feet from the property line. A 10-foot setback exceeds what was allowed on
other properties but would not be a special privilege in this area.
Criteria #3: Literal Interpretation (NOT MET)
The literal interpretation of the code does not deprive the applicant of rights commonly enjoyed
by other properties in the same zoning district. At an acre in size, this is a relatively large lot
which would accommodate a slightly reduced rear expansion and a large side expansion.
Criteria #4: Reasonable Use (NOT MET)
The minimum rear setback is 20 feet and side setback 0 feet. The owner could reduce the width
of the rear addition from 44 feet to 34 feet and extend the length of the addition to the edge of
the easement line, or side property line if there is no easement. Any lost square footage could
be gained on the side of the property, and a south-facing overhead door added for access. This
appears to be a reasonable use available to the property owner.
Criteria #5: Minimum Necessary (NOT MET)
The application doesn’t explain why a 44-foot wide addition is the minimum necessary and why
34-feet will not meet their needs. As mentioned above, there is additional room available in the
side yard to gain square footage lost by narrowing the addition to 34 feet.
Criteria #6: Compatible with Adjacent Properties (NOT MET)
A 15-foot rear setback would appear compatible with adjacent properties. 10 feet seems slightly
excessive given the large size of the lot and available space in the side yard.
Criteria #7: Conformance with the Purposes of the Code (MET)
Staff finds no significant conflict with stated purposes in the Zoning Code if a 10-foot setback
were to be granted.
Criteria #8: Conformance with the Comprehensive Plan (MET)
Staff finds no specific conflicts with the goals and objectives in the Comprehensive Plan.
RECOMMENDATION
Based on the above, staff finds 3 of 8 variance approval criteria to be met. Because all criteria must
be met for a variance to be granted, staff recommends denial of the application as proposed.
ATTACHMENTS
1 – Parcel Map
2 – Application materials
4703 16 ST
SUNG
0712633
1522 47 AVE
QCTC
0712830-1
1528 47 AVE
CRAB
0714533
1575 52ND AVE
CARR
0714534
1523 52 AVE
STONE
0712831
1546-1554 52ND AVE
BLOOMBERG
07347-5
1519 52 AVE
HILLBLOOM
0712830
52NDAV
²1 inch = 67 feet
City of Moline, Illinois
Planning & Development Department
Land Development Division
STAFF REPORT
ZONING HEARING - Case Number ZH 16-04
Prepared by Shawn Christ, Land Development Manager
December 12, 2016
GENERAL INFORMATION
Owner/Applicant: Michael & Tonya Burgess (owner); Joshua & Emily Brooks
(applicant)
Location: 1300 20th Ave
Request: Variance to the bulk/setback standards at Section 35-3301 of the
Moline Zoning and Land Development Code to allow a residential
fence to be constructed 5-feet tall, 1.5-feet taller than allowed in an R-
2 zoning district.
Size of Tract: 3,760 square feet
Existing Land Use: One-family residence
Existing Zoning: R-2 One-Family Residence District
Surrounding Land Uses: Commercial
BACKGROUND
Applicants Joshua & Emily Brooks are looking to purchase the home at 1300 20th Avenue. They
are seeking a variance to construct a 5-foot tall Victorian-style fence in the front yard along 20th
Avenue and also along 15th Street.
ANALYSIS & APPROVAL CRITERIA
Section 35-2207(c) of the Moline Code of Ordinances establishes the approval criteria for zoning
variances. Applicants must demonstrate that all of the approval criteria are satisfied in order for a
variance to be granted. Each criterion is identified below with staff’s findings. Please refer to the
application form for detailed descriptions of these criteria.
Criteria #1: Hardship Unique to Property, Not Self-Inflicted (MET)
This criterion can be met if there is an exceptional condition which does not apply generally to
other land areas within the same zoning district, and such condition or unique hardship was not
created by action or inaction of the applicant or property owner. Staff agrees with the applicant
that there is no back yard to this property due to its small size and building placement within only
a few feet of the side and rear lot lines. The front yard near the street corner is the only available
open space on this lot. This is an exceptional condition not generally found in residential districts.
Criteria #2: Special Privilege (MET)
2
Staff agrees most other lots have the ability to place taller fences elsewhere on their properties. In
addition, many corner lots, such as the adjoining lot to the north have 6-foot back yard fences
built close to the side street property line. The request will not confer a special privilege on the
applicant if granted.
Criteria #3: Literal Interpretation (MET)
The literal interpretation of the code may deprive the applicant of rights commonly enjoyed by
other properties in the same zoning district because it does not contemplate extremely small lots
like the subject property nor lots with no backyards.
Criteria #4: Reasonable Use (MET)
The ability to place a slightly taller fence for a dog enclosure is a reasonable request for this
property, but conditions should be considered so that a full-height privacy fence is not placed in
the front yard.
Criteria #5: Minimum Necessary (MET)
The request seems to be the minimum necessary for a dog enclosure.
Criteria #6: Compatible with Adjacent Properties (MET)
There are neighboring properties that have taller fences in side street front yards, including the
property immediately to the north.
Criteria #7: Conformance with the Purposes of the Code (MET)
Staff finds no significant conflict with stated purposes in the Zoning Code if a 10-foot setback
were to be granted.
Criteria #8: Conformance with the Comprehensive Plan (MET)
Staff finds no specific conflicts with the goals and objectives in the Comprehensive Plan.
RECOMMENDATION
Based on the above, staff finds 8 of 8 variance approval criteria to be met and recommends approval
of the application with the following conditions:
1. The fence height shall not exceed 5 feet from existing or natural grade, and
2. The fence style must be at least 50% open (not a privacy fence) so it does not create a visual
barrier or block the view of approaching traffic.
ATTACHMENTS
1 – Parcel Map
2 – Application materials
2006 13 ST
FRANKS
08154
2016 13 ST
COOK
084140
2010 13 ST
MCMAHON
084139
1924 13 ST
ANTHONY
082538
1928 13 ST
BRANDENBURG
082537
1920 13 ST
DORBECK
082539
2018 13 ST
VANERSTVELDE
084141
1300 20 AVE
BURGESS
08153
1314 20 AVE
LENSCH
08153-1
1923 13 ST
BEITEL
082533
2009 14 ST
MENDOZA
087952
2015 14 ST
FRYE
087953 2003 14 ST WALLACE 087950
2017 14 ST
MINASIAN
087954
2005 14 ST
ADAMSON
087951
1927 14 ST
SMITH
087967
2007 13 ST
TAYLOR
082536
2003 13 ST
ROSE
082535
1923 14 ST
PUEBLA
087966
1927 13 ST
RODEMEYER
082534
2011 13 ST
MILLS
087460
1919 14 ST
FUDGE
087965
1919 13 ST
MUELLER
082532
2009 13 ST
GUTIERREZ
087459
2017 13 ST
SMITH
087461
13THST
20THAV
²1 inch = 40 feet
City of Moline, Illinois
Planning & Development Department
Land Development Division
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