Rock Island Today

City of Kewanee Zoning Board of Appeals met Sept. 18.

Here are the minutes provided by the board:

The Zoning Board of Appeals convened at 5:00 p.m. September 18, 2024, in the Council Chambers at Kewanee City Hall. ZBA members Ensley and Martinez were absent. Kuffel was present but did not participate as a board member. For business, there was one variance petition application upon which to conduct a public hearing. 

CASE ONE: 

Dan & Brenda Kuffel, A variance to the minimum allowed setback for an accessory structure in a side yard in a R-2 One-Family Dwelling District to allow an addition to the existing garage to be constructed 3 feet from the side lot line. 

Background Information: 

Dan Kuffel contacted me in reference to an addition to his existing detached garage that he would like to build. The side yard setback for the proposed addition would be 3′ (to the overhang) which is compliant with the code but only if the garage and the addition were both entirely behind the house. Once the structure comes into the side yard the setback requirement changes to a minimum of 6' and in some cases 10% of the lot width. Kuffel and I discussed the matter and Kuffel decided to apply for a variance. 

I have included two satellite views of the property, one shows the proposed addition approximate location while the other shows what is considered side yard and back yard areas when considering the zoning regulations. 

The Subject Property: 

Address: 224 E Garfield St. 

Legal Description: W165 LTS 9 & 10 E A BEADLES SUB OF LT 89 & 104 ORIG TOWN OF WETHERSFIELD CITY OF KEWANEE, County of Henry, State of Illinois. 

Location: North side of the 200 block of E. Garfield St. 

Zoning: R-2 One-Family Dwelling District. 

Dimensions: 132 feet North to South by 165 feet East to West, 21780 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. 

Zoning District(s): Surrounding land is zoned R-2 One-Family Dwelling District with exception to a portion of the land owned and occupied by Ratliff Bros. which is zoned B-3 Business Service and wholesale District. 

Uses of Land: 

The surrounding land contains single family dwelling. 

Variance Requested: 

A variance to the minimum allowed setback for an accessory structure in a side yard in a R-2 One-Family Dwelling District to allow an addition to the existing garage to be constructed 3 feet from the side lot line. 

The city has no opposition to the variance as requested. 

The following is the section of the code that references the setbacks in an R-2 district. 

§ 155.061 R-2 ONE-FAMILY DWELLING DISTRICT. 

(E) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: 

(1) Front yard. The same regulations shall apply as required or permitted in the R-1 One- Family Dwelling District. 

(2) Side yard. 

(a) On each lot upon which a dwelling is constructed, there shall be a side yard on each side equal to not less than 10% of the width of the lot, the combined total of the side yards on interior lots shall not be less than 15 feet. On corner lots there shall be maintained a side yard adjacent to the street which intersects the street upon which the building or structure maintains frontage, and in case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50% of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed 15 feet. No accessory building on said reversed corner lot shall project beyond the front yard required in the adjacent lot to the rear, nor be located nearer than five feet to the side lot line of said adjacent lot. 

(b) On lots upon which a church is constructed or extensions made to an existing church, the same regulations shall apply as permitted or required in § 155.060 R-1 One-Family Dwelling District. 

(3) Rear yards. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 30 feet. 

§ 155.106 LOCATION RESTRICTION. 

(A) (1) An accessory building may not be located nearer to any interior lot line than that permitted for the main building, when any part of this accessory building is on line with the main building, if extended. However, when an accessory building is located in the rear yard, it may then be located within three feet of the interior lot line, but not nearer than five feet of the rear lot line. 

(2) However when a substantial part of the wall of an accessory building is a part of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof so as to be counted as part of the main building and said accessory building is located in the rear yard, it may then be located within three feet of the interior lot line, but not nearer than five feet of the rear lot line subject to divisions (B) and (C) of this section. 

The Public Hearing: 

At 5:00 p.m. August 21, 2024, the hearing on the variance request at 224 E. Garfield St. was held, Dan & Brenda Kuffel were present to support the case. 

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

Dan Kuffel spoke about the addition to the garage and history of the parcel of land to the West belonging to Wethersfield school. 

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 four in favor of the application, none opposed, two absent and one abstain, that the City Council grant the a variance to the minimum allowed setback for an accessory structure in a side yard in a R-2 One-Family Dwelling District to allow an addition to the existing garage to be constructed 3 feet from the side lot line. 

There being no further business, the meeting adjourned at 5:05 p.m. 

https://cms5.revize.com/revize/kewaneeillinois/ZBA%20Minutes%20September%2018%202024.pdf