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Tuesday, November 5, 2024

City of Kewanee Zoning Board of Appeals met April 17

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City of Kewanee Officials | City of Kewanee | Facebook

City of Kewanee Officials | City of Kewanee | Facebook

City of Kewanee Zoning Board of Appeals met April 17.

Here are the minutes provided by the board:

The Zoning Board of Appeals convened at 5:00 p.m. April 17, 2024, in the Council Chambers at Kewanee City Hall. ZBA members Brackett, and Peart were absent. For business, there were two variance petition applications upon which to conduct a public hearing.

CASE ONE:

610 W. 4th St., A variance to section 158.07(B) to allow the construction of a privacy fence using materials not intended for use as a privacy fence, those materials being solid white metal type material typically used in enclosed trailer manufacturing.

Background Information:

On March 1st, it was brought to my attention that a fence had been constructed using illegal materials by city ordinance.

The following is the section of the code that references the allowed materials in a residential district:

§ 158.07 CONSTRUCTION, APPEARANCE AND MAINTENANCE.

(B) Materials.

(1) Residential districts. Acceptable materials for constructing fencing, walls and decorative posts include wood (that is designed, milled and treated as such to be used for fencing purposes), stone, brick, wrought iron, vinyl and chain link. Any fence within a street yard, including along property lines that intersect a right-of-way, shall have 70% visibility. All fences must be kept in good repair and appearance maintained.

The fence that has been installed is solid white metal material which is for the construction of enclosed trailers for transportation purposes.

Address: 610 W. 4th St.

Legal Description: PT LOT 3 BLK 3 TENNEYS 2ND ADD CITY OF KEWANEE, County of Henry, State of Illinois.

Location: North side of the 600 block of West Fourth St. near the intersection with North Grove St.

Zoning: R-3 One-Family Dwelling District.

Dimensions: 200 feet North to South by 100 feet East to West, 20000 Sq. Ft area.

Existing Buildings or Uses: Single-family dwelling and detached garage.

Existing Land Use Map: Low Density Residential.

Proposed Land Use Map: Low Density Residential.

The Surrounding Area:

Zoning District(s): Surrounding land is zoned R-3 One-Family Dwelling District.

Uses of Land:

The surrounding land contains single family dwellings.

Variance Requested:

A variance to section 158.07(B) to allow the construction of a privacy fence using materials not intended for use as a privacy fence, those materials being solid white metal type material typically used in enclosed trailer manufacturing.

The Public Hearing:

At 5:00 p.m. April 17, 2024, the hearing on the variance request at 610 W. 4th St. was held, Frank Mannon was present to support the case.

Mannon said that he needed to repair the existing fence and could not afford to replace that much fencing with the prices of materials today.

Ensley asked why Mannon did not come to get the variance before using the illegal materials.

Mannon said he did not think it was going to be an issue.

Mannon added that there are white vinyl fences. Ensley agreed but said those white vinyl fences are made and sold to be used as fence materials.

There was general discussion about the panels, what they are made of and that they are purpose made for the manufacture of trailers.

Thompson said the board approved the same type of material for a fence on Rockwell St. in the past.

Kuffel asked if there were any neighbors present. There was one male subject present that did not come forward to speak. The board asked if he was ok with the fence, he nodded his head.

There were no objectors.

Recommendation:

After discussing the facts and testimony presented, the Zoning Board of Appeals recommends, based on the authority of §33.062 of the City Code, by a vote of five in favor of the application, none opposed and two absent, that the City Council grant the a variance to section 158.07(B) to allow the construction of a privacy fence using materials not intended for use as a privacy fence, those materials being solid white metal type material typically used in enclosed trailer manufacturing.

CASE TWO:

114 E. 9th St., A variance of 22' to the required 30 feet rear yard setback in a R-2 One-Family Dwelling District to allow the construction of a room addition.

Background Information:

Eduardo Benitez contacted me requesting a building permit for a dining room addition to the North side of his dwelling at 114 E. 9th St. This addition would put the rear of the house 8 feet off the rear lot line. The existing floor plan of the dwelling has a small kitchen with very little dining space.

Benitez has recently built a detached two car garage on the property and removed a yard shed behind the house. He plans to remove the existing back porch as part of the addition. I advised Benitez that a variance would be needed in order for me to approve the permit.

It should be noted that the maximum lot coverage for a residential district is 35%. I calculated the lot coverage with the current buildings at 26%. If the proposed 16'x18' dining room addition were to be allowed, the lot coverage would be 32%, which would be in compliance with the code.

The Subject Property:

Address: 114 E. 9th St.

Legal Description: W 1/2 LT 6 BLK 4 W H LYLES 3RD ADD CITY OF KEWANEE, County of Henry, State of Illinois.

Location: North side of the 100 block of East 9th St.

Zoning: R-2 One-Family Dwelling District.

Dimensions: 60 feet North to South by 78.5 feet East to West, 4710 Sq. Ft area.

Existing Buildings or Uses: Single family dwelling, detached garage.

Existing Land Use Map: Low Density Residential.

Proposed Land Use Map: Low Density Residential.

The Surrounding Area:

Zoning District(s): Surrounding land is zoned R-2 to the North, South and East & B-3 Business Service & Wholesale District to the West.

Uses of Land:

The surrounding land contains single family dwellings.

Variance Requested:

A variance of 22' to the required 30 feet rear yard setback in a R-2 One-Family Dwelling District to allow the construction of a room addition.

The Public Hearing:

At 5:07 p.m. April 17, 2024, the hearing on the variance request at 114 E 9th St. was held, Eduardo Benitez was present to support the case.

Kuffel made a motion to hear the case. McIntyre made the 2nd

Benitez said that the kitchen space in his house is too small to have a dining space and would like to remove the rear porch area and add-on a 16' x 18' dining room.

Thompson asked questions about the footing requirements and if there will be a basement or a crawl space. Benitez said he would do whatever is required by the city to comply with the building codes.

There was general discussion about setbacks and lot coverage.

Benitez said the addition will be 8 feet off the rear lot line and an additional 4 feet (12 feet total) from the neighbor's yard shed.

Thompson asked about the lot coverage.

Edwards said that Benitez would be in compliance with the requirements.

Recommendation:

After discussing the facts and testimony presented, the Zoning Board of Appeals recommends, based on the authority of $33.062 of the City Code, by a vote of five in favor of the application, none opposed and two absent, that the City Council grant the a variance of 22 feet to the required 30 feet rear yard setback in a R-2 One-Family Dwelling District to allow the construction of a room addition.

There being no further business, the meeting adjourned at 5:12 p.m.

https://cms5.revize.com/revize/kewaneeillinois/ZBA%20Minutes%20April%2017%202024.pdf