Council sends 1360 E. Joan Drive zoning requests back to staff after compliance concerns

Council and staff spent more than an hour on a complex zoning matter for 1360 E. Joan Drive after village staff discovered multiple improvements were made without full permits. The petition sought several variations: side-yard setbacks for an attached deck (requested 6 ft vs 10 ft required), a pool set back 20 ft where code requires 25 ft because it is attached to the deck, an attached pergola encroaching into the side yard (7 ft vs 10 ft), a brick paver walkway that falls short of a required 2-foot setback, a driveway expansion measured at 1.7 ft (code: 2 ft), and aggregate accessory-floor area that staff and the petitioner calculated differently and that could push lot coverage near 49%.

Staff (Ben) told the committee they discovered work done without permits and walked council through photos and the site plan, noting the pool and deck are attached to the house and that the deck encroachment raised public-works access concerns for a sanitary-sewer easement on the north side of the property. Ben recommended denial of the deck expansion and cautioned that permitting some elements without resolving access could leave the village unable to maintain the sewer line. He told council that the scaled survey submitted by the petitioner was the basis for the village calculation but that additional architectural drawings and spot elevations were necessary to finalize lot-coverage math. "We went through the calculations to come up with a lot coverage, we confirmed it with our surveyor," staff said, and added that the council needed to be clear which items it would support so staff could prepare a final ordinance.

Petitioner Mike Colby said the driveway changes were small and that inspectors had previously approved some work; he told council he had submitted a plot-of-survey and that RW Stanley & Associates produced measurements that at one point showed 43% and later 49% lot coverage depending on interpretation. Neighbors who spoke at the hearing voiced concerns about long-term drainage and precedent for incremental additions. Councilmembers raised three core concerns: (1) preserving a 10-foot access to sewer equipment on at least one side of the property, (2) the village's ability to verify exact square footage and lot-coverage numbers with a licensed surveyor and architectural plans, and (3) whether a hold-harmless condition should accompany any approval allowing encroachment. Multiple councilmembers said they were sympathetic to the homeowner's improvements but were not comfortable granting final approvals without complete plans.

The committee ultimately adopted a motion to refer the matter back to staff with a consensus direction: require the deck to be returned to a 10-foot setback (to preserve access), remove or adjust pavers to meet setback standards, and provide precise spot elevations and final apportionment of the square footage so staff could prepare a final ordinance. The referral passed by voice vote. Staff also noted that the administrative adjudication process for fines remains separate from the zoning decision and may continue based on unpermitted work noted in inspections.

Next steps: staff will request or confirm spot elevations, survey/square-foot apportionment from RW Stanley & Associates or similar, draft a final ordinance reflecting which variations the council will support, and return the item to standing committee for final action.