HomeMy WebLinkAbout11/13/2025 P&Z Minutes (PZ-20-25) / 810 South I Oka Avenue / CU: Setback Reduction1
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-20-25
PROPERTY ADDRESS:
PETITIONER:
PUBLICATION DATE:
Hearing Date: November 13, 2025
810 S . I Oka Ave
Tom Sirant
October 29, 2025
REQUEST: Conditional use to reduce the minimum interior (north)
side yard setback from 7.5 feet to 6.5 feet to
accommodate a pergola attached to the single-family
residence at 810 S I Oka Avenue.
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Walter Szymczak
Richard Rogers
Fay Costa
MEMBERS ABSENT: Ewa Weir
Donald Olsen
Michael Fricano
STAFF MEMBERS PRESENT: Charles Hogan - Development Planner
Jason Shallcross - Director of Community & Economic
Development
INTERESTED PARTIES: Tom Sirant, Petitioner/Property Owner
Chessa Sirant, Property Owner
Chairman Donnelly called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion
seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning
Commission meeting on October 23, 2025. The minutes were approved 4-0 (Commissioner Costa
arrived after the approval of the meeting minutes).
After hearing the first item of new business, Chairman Donnelly introduced Case PZ-20-25, a
request by the property owner for conditional use approval to reduce the minimum interior (north)
Planning & Zoning Commission Meeting — November 13, 2025 PZ-20-25
side yard setback from 7.5 feet to 6.5 feet to accommodate a pergola attached to the single-family
residence at 810 S I Oka Avenue.
Staff Presentation
Mr. Hogan summarized the background of the request. He explained that a building permit was
issued in 2024 for a 46-8" x 14'-3" attached pergola, which, because it is physically connected to
the principal structure, is regulated by principal -structure setbacks rather than accessory -
structure standards. Under R-1 zoning, the required north side yard setback is 7.5 feet. Upon final
inspection in spring 2025, staff determined that the pergola had been built 6.5 feet from the
property line, encroaching 1 foot into the required setback.
Mr. Hogan explained that the petitioner was advised either to relocate the structure or to pursue
retroactive zoning relief through a conditional use request. The petitioner is seeking the latter in
order to retain the pergola as constructed.
Mr. Hogan provided an overview of zoning compliance and bulk regulations for the R-1 District,
noting that the proposal involves no changes to lot coverage, front yard, rear yard, or exterior side
yard setbacks. Only the interior (north) side yard is affected.
Mr. Hogan also summarized the property history, noting that the lot is bordered entirely by R-1
zoning and that improvements overtime have been typical of single-family residences. He stated
that the setback encroachment occurred despite the originally issued permit and that conditional
use relief is the appropriate remedy under Section 14.604 of the Zoning Ordinance, which allows
Limited setback reductions as a conditional use.
Public Comment
Mr. Hogan reported that:
• One letter of support was submitted by the owner of 808 S I Oka Avenue, the most directly
affected neighboring property to the north.
• One letter of opposition was received from another nearby resident expressing concern
regarding potential precedent; staff clarified that all conditional uses are reviewed on a
case -by -case basis.
Standards & Findings
Mr. Hogan presented staff's findings. Staff determined that the 1-foot setback reduction is a minor
deviation that will not create adverse impacts on adjacent properties, public safety, or
neighborhood character. The most affected neighbor expressed written support, and the request is
consistent with Village plans encouraging reasonable residential reinvestment.
Staff noted that the conditional use conforms to applicable standards.
Planning & Zoning Commission Meeting — November 13, 2025 PZ-20-25
In conclusion, Mr. Hogan stated that staff finds that the proposed setback reduction satisfies the
criteria for a conditional use. Mr. Hogan requested that the Planning and Zoning Commission make
a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and
recommend approval of the following motion:
"Motion to approve:
1. A conditional use to reduce the minimum interior side yard setbackfrom 7.5 feet to 6.5 feet
for the construction of a pergola at 810 South I Oka Avenue, Case No. PZ-20-25, subject to
the following conditions:
a. The conditional use for the reduced interior side yard setback shall apply only to the
pergola and shall not apply to any other elements of a principal or accessory
structure;
b. The improvements shall be in strict conformance with the plat of survey attached as
Exhibit B in the staff report;
Mr. Hogan stated that the Planning and Zoning Commission's decision on the requests is final.
Discussion
After Mr. Hogan concluded his presentation, commissioners asked several questions.
Chairman Donnelly asked for clarification on the details of the permit process that resulted in the
non -conformity. Director Shallcross explained how the project was not built to the specification
outlined in the permit, which lead to the encroachment.
Commissioner Beattie asked how the pergola is connected to the structure of the house. Staff
explained that it is connected into the roof structure, but the petitioner could explain the specific
construction process.
Commissioner Costa asked what would be involved in bringing the structure into conformance
with the code. Director Shallcross explained that architectural and other work that would need to
be completed and stated that the petitioner was requesting relief because the they believed the
cost would be too high.
Commissioner Beattie asked for more information on the permit process which staff explained.
Chairman Donnelly asked if the setback reduction would only apply to the pergola or if it applies to
other parts of the structure. Director Shallcross clarified that the condition as written would only
apply to the pergola.
Chairman Donnelly then called up the petitioner. After swearing them in, he asked how the non-
conformance came to be and the petitioner explained that it was an honest mistake.
Several commissioners expressed concern that the non-conformance created by the conditional
use request would exist "forever" or would eventually be modified to create a three -season room or
Planning & Zoning Commission Meeting — November 13, 2025 PZ-20-25
full addition. The petitioner stated that was not their intention and staff clarified that as the motion
is written, that would only be possible through a new conditional use request.
With no further questions, Commissioner Donnelly closed the hearing and called for a motion to
approve the conditional use request subject to the conditions in the staff report. Commissioner
Beattie made a motion that was seconded by Commissioner Szymczak. Hearing no further
discussion, the Chairman requested a roll call:
UPON ROLL CALL
AYES: Szymczak, Beattie, Rogers, Costa, Donnelly,
NAYS: none
The Planning and Zoning Commission approved the request (5-0).
After hearing two more items of new business, Chairman Donnelly asked if there were any citizens
to be heard.
Hearing no further discussion, Vice Chairman Beattie made a motion, seconded by Commissioner
Szymczak, and the meetingwas adjourned at 8:34 PM.
Charlie Hogan, Development Planner
Planning & Zoning Commission Meeting — November 13, 2025 PZ-20-25