Plan Commission and Zoning Board of Appeals

Plan Commission & Zoning Board of Appeals - Sep 03 2025 Wednesday, September 3, 2025 at 7:00 PM City Council Chambers 100 N. Island Ave, Batavia, IL 60510 Questions and comments regarding agenda items can be submitted prior to 5 PM the day of the meeting by emailing Drew Rackow, Planning and Zoning Officer at drackow@bataviail.gov Page 1. Meeting Call to Order 2. Roll Call 3. Items Removed, Added or Changed 4. Regular Agenda Items 4.1 Variations to the Subdivision Regulations (City Code Section 3 - 21 11-2-5) for 744 Thorsen Lane Jim and Nancy Gongaware, Applicants PC-SubVariation-744Thorsen8-26-2025-packet.pdf 4.2 Discussion: Updates to Driveway Regulations – Various 22 - 27 Locations in Municipal Code and Zoning Code Staff Memo Packet 5. Matters from the Public (for items not on the agenda) 6. Other Business 7. Adjournment Page 1 of 27 Individuals with disabilities should notify the City Administrator’s office at 630-454-2053 if they have a disability which will require special assistance or services and, if so, what services are required. This notification should occur as far as possible before the City-sponsored function, program, or meeting. Page 2 of 27  MEMO To: Plan Commission & Zoning Board of Appeals From: Drew Rackow AICP, Planning & Zoning Officer Date: August 29, 2025 Re: Variations to the Subdivision Regulations (City Code Section 11-2-5) for 744 Thorsen Lane Jim and Nancy Gongaware, Applicants Background and Summary of Information from the Applicant: Jim Gongaware of 744 Thorsen Lane has made an application for subdivision variation (Subdivision Code 11-2-5) to address a proposed front porch addition that would encroach approximately 3 feet into a recorded building setback line. The subject property is part of the Braeburn Unit Five Subdivision. Mr. Gongaware’s residence was constructed in 1992. The residence is built on a slight angle relative to the curved street frontage being 35.26 feet at its closest point. The Braeburn Unit Five subdivision plat specifies a 35 front building setback line, which was reflective of the zoning setback at the time of its approval. The front setback in the R1 (now R1-L) zoning district was 35 feet. Mr. Gongaware proposes a porch addition that otherwise conforms to the present day 30 foot front setback in his zoning district. He is requesting a subdivision variation from this approved front building line to allow the front porch to be expanded and provide a more useable depth. Mr. Gongaware’s application notes that the proposed porch addition would keep it behind garage on the façade. The curve of the street, and as a result, the front building line following it creates a unique circumstance and the need for a small encroachment across the building line. Staff Analysis: The City’s Zoning Code allows a front porch as Mr. Gongaware proposes by right under the Zoning Code. However, the presence of the recorded building line otherwise would prevent the additional porch area, requiring it to either be reduced in size or otherwise be redesigned or notched to otherwise comply with the building line. Improvements must comply with both the recorded building line and zoning setback, leaving the more restrictive to prevail. Mr. Gongaware is seeking to construct a porch in a design and with materials to match the existing style of the residence. He indicates the proposed proportions would better match the rest of the residence and provide a more useful front porch. The present location of the residence would only allow a portion of the deck to be expanded, with the northwest corner having to otherwise be reduced to conform to the building line, which would be disruptive to the intent of the proposed porch. The relief being requested is for a minimal amount of structure to cross the line (calculated at approximately 9 square feet). Mr. Gongaware has indicated that he would provide a design that is appropriate in proportion to the remainder of his residence and is seeking relief to address the unique condition of his property, that results from the location of the residence in relation to the curve of the property. The Subdivision Regulations allow for a variation where unnecessary hardships result from the application of the Subdivision Regulations. The Code requires that lots otherwise meet the requirements Jeffery D. Schielke Government Center ● 100 N. Island Ave ● Batavia, IL 60510 ● 630-454-2000 ● www.BataviaIL.gov Page 3 of 27 of the Zoning Code, which is applicable here. No zoning relief is requested, and the applicant proposes improvements that conform to the Zoning Code and are the least needed to accomplish the proposed change. Staff has received several emails in support of the proposed project from Mr. Gongaware’s neighbors. Fourteen emails that have been received as of the memo’s preparation are attached for the Commission’s review. Staff has not had any contacts from neighbors expressing opposition to the request. Staff agrees that the proposed improvement will not have impacts on adjoining properties and believes the Commission should support the applicant’s request. Staff Recommendation: Staff recommends that the Plan Commission recommend approval of a variation to the Subdivision Regulations to allow an encroachment of a front porch to be located approximately 32 feet from the front property line across the recorded 35 foot building line. An encroachment of approximately 3 feet. Attachments: Application Documents and Public Comments Received C: Mayor and City Council Department Heads Jim Gongaware, Applicant Jeffery D. Schielke Government Center ● 100 N. Island Ave ● Batavia, IL 60510 ● 630-454-2000 ● www.BataviaIL.gov Page 4 of 27 Page 5 of 27 Page 6 of 27 Page 7 of 27 From: AT&T UPGRADE To: Rackow, Drew Subject: Jim, talk to me about doing his front porch. And it all sounds extremely good to very happy. For Jim and Nancy. Date: Monday, August 18, 2025 5:26:00 PM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Sent from AT&T Yahoo Mail on Android Page 8 of 27 From: Matt Cassidy To: Rackow, Drew Subject: Porch construction; 744 Thorsen Date: Monday, August 18, 2025 5:32:38 PM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Hi Drew, My name is Matt Cassidy and I live at 733 Burton Dr. in Batavia. Our neighbors down the street, Jim and Nancy Gongaware, live at 744 Thorsen Dr. They sent us a note about a proposed construction project of their front porch and some of the steps that they need to take in order to get it approved and completed. Not only am I not phased by the construction project, I am overwhelmingly supportive of them and what they want to do. They are two of the more stand-up people that I have the pleasure of knowing. Their house is always immaculate and the lawn impeccable ( I strive to be that way but fall WELL short hahaha). Anyway, I am hoping no one in this neighborhood has a problem with this project. They are great people and we have a great neighborhood. Please feel free to reach out if you have any questions or concerns. Thanks for your time and have a great night. Sincerely, Matt Cassidy -- Matt Cassidy Director of Student Ministry Dean of Students Page 9 of 27 From: Sarah Passman To: Rackow, Drew Subject: 744 Thorsen porch Date: Tuesday, August 19, 2025 7:53:06 AM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Drew, My name is Sarah Passman and I am writing in regards to Jim and Nancy Gongaware's application for a porch extension. My family and I take an after dinner walk most nights, and one of the highlihghts is walking past the Gongaware property and talking with Nancy and Jim as they are sitting on their porch. I am fully in favor of their porch extension. Thank you, Sarah Passman Page 10 of 27 From: Richard Longmeier To: Rackow, Drew Subject: Gongaware Residence 744 Thorsen Lane Inbox Date: Tuesday, August 19, 2025 10:26:52 AM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Dear Mr Rackow, My name is Richard Longmeier. I reside at 751 Thorsen Lane right across the street from the Gongaware residence. I have been a neighbor of the Gongawares for over 32 years. I have no objections to the proposed plan to remove the existing front porch and replace it with the new porch. If you would like to speak to me further, I can be reached at my mobile phone Thank you -richard- Page 11 of 27 From: Doug Bellm To: Rackow, Drew Subject: Public Notice Gongaware Property Date: Wednesday, August 20, 2025 11:23:09 AM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. I live directly across the street from the Gongawares and I believe the changes they are asking to make to their front porch will improve the value of their home and that of the neighborhood. Doug Bellm 741 Thorsen Lane Batavia, IL Page 12 of 27 Page 13 of 27 From: JC Woodbury To: Rackow, Drew Subject: Gongaware - 744 Thorsen Lane Project Date: Wednesday, August 20, 2025 6:59:59 PM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Good evening. We are writing in support of Jim & Nancy Gongaware porch extension. We live across the street at 721 Thorsen Lane and fully support their project. Jim and Nancy are meticulous in how they care for their home and property! They deserve to have a beautiful porch to enjoy the grandchildren and neighbors as we see them daily. They are a blessing to have in our neighborhood and fully support their project. Please don't hesitate to reach out with any questions. Jaclyn C Woodbury - Homeowner 721 Thorsen Lane Batavia, IL 60510 Page 14 of 27 From: Julia Sanderson To: Rackow, Drew Subject: Public comment 744 Thorsen Lane Date: Wednesday, August 20, 2025 7:13:17 PM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Hello, I live at 1465 Lundberg Avenue with my husband and three children. We would like to express our support for the approval of the Gongawares’ request for a porch expansion. We understand that this porch addition would cross the setback line, but believe that the benefits to them as the homeowners and to our neighborhood community far outweighs any potential negatives. We ask that you please approve this project and make it as easy as possible for them to proceed with this small change that will allow them to enjoy their front yard. They are a very precious and important cornerstone to this neighborhood and this project is an idea that has our full support. Thank you for your consideration. Julia & Eric Sanderson Page 15 of 27 From: Nate Gustafson To: Rackow, Drew Cc: Jim Gongaware Subject: 744 Thorsen Ln front porch Date: Wednesday, August 20, 2025 7:14:31 PM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Drew, My name is Nate Gustafson and I live at 694 Thorsen Ln in Batavia. Jim Gongaware has talked with me about his proposed porch addition and how he envisions what the completed project will  look like. I have no issues with this and believe it will only add to the quality of our subdivision and town. Please approve his proposed amendments as required. Best regards, Nate Gustafson 694 Thorsen Ln, Batavia, IL 60510 Page 16 of 27 From: Ken Mascheri To: Rackow, Drew Cc: Elisa Brauer Subject: Letter of No Objection - Proposed Porch Addition at 744 Thorsen Lane Date: Saturday, August 23, 2025 11:21:06 AM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. This email serves as a formal letter of no objection from the residents of 1461 Holbrook Ln regarding the proposed porch addition at 744 Thorsen Lane. We have reviewed the plans for the porch addition and confirm that we have no concerns or objections to the project. We're pleased to offer our support for this addition, especially given what exceptional neighbors Jim and Nancy are. Sincerely, Elisa Brauer and Kennith Mascheri The Residents of 1461 Holbrook Ln -- Kennith Mascheri    “Technology is best when it brings people together.” Page 17 of 27 From: Kathleen Lathrop To: Rackow, Drew Subject: Porch addition at 744 Thorsen Lane Date: Sunday, August 24, 2025 4:14:10 PM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Drew, My name is Kathleen Lathrop. My husband Tim and I live at 1441 Holbrook Lane. My parents, Jim and Nancy Gongaware, live at 744 Thorsen Lane and are in the process of seeking approval to complete a front porch addition for their home. My husband and I are in full support of their desire to enlarge their front porch and think that it will be a very nice addition to the front of their home. I grew up in this neighborhood. My parents are original owners of their home and I lived there from age 7 until 22 when I got married and moved away from Batavia. 8 years ago, my husband and I moved back to the neighborhood and we plan to make 1441 Holbrook Lane our “forever home.” We are actually also in the process of adding an addition on to our home. We are going to be adding a second floor addition, providing more space for our family of six. The permit has been approved and we are waiting for construction to begin. We love this neighborhood and think it’s wonderful when our neighbors are interested in investing in their homes with upgrades and additions. With so many new construction options out there in the surrounding area, it is a testament to our neighborhood when people choose to stay and upgrade instead of moving somewhere new. It is our strong hope that Jim and Nancy’s permit will be approved for their proposed front porch addition. Thank you for your time. Kathleen and Tim Lathrop Page 18 of 27 Page 19 of 27 From: Robert Huxtable To: Rackow, Drew Cc: Robert Huxtable Subject: Subdivision Variation for 744 Thorsen Lane -- Jim and Nancy Gongaware Date: Wednesday, August 27, 2025 9:03:10 AM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Dear Drew Rackow: I am writing concerning the Subdivision Variation requested by our neighbors at 744 Thorsen Lane, Jim and Nancy Gongaware. Ellen and I live at 1475 Lundberg Ave. (our yard backs up to theirs), and Jim and Nancy have been our neighbors for 32 years. Jim has told me about their project to improve their front porch. We support their request for a variation from the building setback provisions. We would appreciate the Plan Commission and Zoning Board approval of their proposal. Yours, Bob and Ellen Huxtable Page 20 of 27 From: .net To: Rackow, Drew Subject: 744 Thorson Date: Wednesday, August 27, 2025 9:16:25 PM Caution: This message originated outside of the City of Batavia -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. If you have any doubt, contact the sender by phone to confirm. Drew I am writing about the pending porch improvements at 744 Thorson Lane and have no objections to Jim and Nancy Gongaware’s intensions. I live next door and I have no doubt this new porch will look great after the completion. Thank-you, Jeff and Kathy Suhi 1468 Holbrook Lane Page 21 of 27  MEMO To: Plan Commission & Zoning Board of Appeals From: Zach Ewoldt AICP, Planner Date: August 29, 2025 Subject: Discussion: Updates to Driveway Regulations – Various Locations in Municipal Code & Zoning Code Summary: City staff have identified inconsistencies in how driveway regulations are presented within the City Code, with provisions currently adopted across three (3) separate sections. To address potential confusion and improve clarity, staff is in the process of drafting amendments that would consolidate all driveway-related regulations, specifically regarding dimensional and distance requirements for driveways, placing everything within the Subdivision Code and Zoning Code. This approach aligns with current best practices in municipalities. While the removal of certain regulations from Title 7-1-3 and requires only City Council review and approval, staff wanted to ensure the Plan Commission is informed of the amendments currently under consideration. Staff would also like to initiate a discussion with the Plan Commission regarding whether additional updates to the Zoning Code or Subdivision Code should be made in conjunction with this broader cleanup effort. Items for potential discussion include: • Limiting the number of curb cuts and/or driveways per property. o If permitted, establish clear criteria for approval. • Defining a maximum dimension for an additional parking space on single-family residential lots. o Reference: Section 4.203.W of the Zoning Code • Modify standards for driveway widths. o Reference: Section 4.207.A of the Zoning Code Staff Recommendation: No formal action is required by the Plan Commission or Zoning Board of Appeals at this time. Staff recommends the Commission review and discuss the current driveway regulations. If the Commission identifies areas for further revision, it may direct staff to research and prepare draft text amendments for consideration at a future meeting. Jeffery D. Schielke Government Center ● 100 N. Island Ave ● Batavia, IL 60510 ● 630-454-2000 ● www.BataviaIL.gov Page 22 of 27 Attachments: • Title 7 of City Code: Public Ways and Property: 7-1-3 Driveways • Title 10 of City Code: Zoning Code Sections 4.203.W & 4.207.A • Title 11 of City Code: Subdivision Code C Mayor and City Council Department Heads Media Jeffery D. Schielke Government Center ● 100 N. Island Ave ● Batavia, IL 60510 ● 630-454-2000 ● www.BataviaIL.gov Page 23 of 27 7-1-3: DRIVEWAYS: A. Construction Permit And Fee: It shall be unlawful to construct or maintain any driveway in or across any public sidewalk in the City, or across any parkway, where this necessitates any interference with or change in the grade of any public sidewalk or curb, without having first obtained a permit therefor. Residential properties are limited to one curb cut. Applications for such driveway permits shall state the size, location and material to be used in such driveway; and it shall be unlawful to depart from such specifications. B. Curb Cut: Curb cut for driveway approaches shall not exceed twenty two feet (22') in width including a minimum of two foot (2') transitions cut from barrier curb to depressed curb on either side of driveway entrance, unless approved by the City Engineer. Driveway approaches shall not exceed twenty two feet (22') in width at edge of pavement. Driveway shall not exceed eighteen feet (18') in width at both front and back of sidewalk with garage setbacks less than forty five feet (45') from the garage door to the front property line. Driveway shall not exceed fourteen feet (14') in width at both the front and back of sidewalk for all garages side load or setbacks greater than forty five feet (45') from the garage door to the front property line. C. Maintenance: It shall be the duty of any person maintaining any such driveway to keep the same free from snow and ice or any obstruction and to keep the same in good repair. D. Distance From Hydrants And Power/Light Poles: It shall be unlawful to construct any driveway closer than three feet (3') from any fire hydrant or power/light pole. (Ord. 18-50, 8-6-2018) Page 24 of 27  Zoning Code References Section 4.203.W: W. Additional Parking on Single Family Residential Lots. 1. One additional uncovered parking space may be constructed next to the driveway or adjacent to a garage or carport. On corner lots, the parking space shall not be constructed in the street side setback area. 2. The additional parking space permitted by this section shall comply with the following standards: a. The parking space shall have a hard surface of asphalt, concrete, or pavers. b. The surface may consist of 2 parallel concrete or cement strips. The area between such parallel strips shall be landscaped with vegetative ground cover. c. The additional parking space shall be large enough so that no parked vehicle will obstruct or encroach on a sidewalk. d. Access to the parking space shall be via a curb cut, rolled curb, or driveway. 3. No motor vehicle, recreational vehicle or trailer shall be parked in the front or side setback visible from the street, except on a driveway or additional parking space permitted in this section. Page 25 of 27 Section 4.207.A: 4.207 Driveway Widths A. Single, Two and Attached Multi Family Residential Driveways accessing Individual Properties. A driveway is required for all vehicle accesses to individual residential properties, units, and garages. The minimum driveway width is 10 feet. The maximum width of a driveway for a: 1. Single car garage or for a driveway that does not access a garage shall be 14 feet. 2. Two or more car garage shall be 18 feet at the property line and shall not exceed the width of the garage door openings by more than 6 feet. Page 26 of 27 11-5-9: SIDEWALKS AND DRIVEWAYS: A. Sidewalks: Unless the city council approves otherwise after discussion and recommendation by the plan commission, or waiver is granted pursuant to subsection A8 of this section, portland cement concrete sidewalks in accordance with the standards set forth herein shall be required on both sides of all streets in all single-family and multi-family developments, and shall also be required on both sides of all streets in commercial, industrial, other developments and interconnects between park and school sites. (Ord. 16-06, 3-7-2016) 1. Construction Completed: Sidewalks shall not be placed until building construction has been completed to the point that construction traffic need no longer cross the sidewalk area. In areas where there are to be no buildings (parks, etc.) sidewalks shall be completed following trench settlement and grading of site. 2. Occupancy Permit: Sidewalk construction shall be completed prior to the issuance of an occupancy permit, except during periods when weather prohibits the installation of the new walk. In such cases, the owner/builder may execute a bond in an amount equal to that of current city policy, to ensure the work is completed. 3. Placement: Sidewalks shall be placed one foot (1') off of the property line. Exceptions may be made, with approval of the city engineer or his designee, to avert trees and other natural features. 4. New Sidewalks: All new sidewalks shall have the following minimum widths: 10 feet with grass parkway Central business district 14 feet without grass parkway Commercial areas 6 feet minimum Arterial and collector streets 6 feet minimum Industrial areas 5 feet minimum Multi-family/single-family 5 feet minimum Carriage walks (when permitted) 6 feet minimum 5. PCC Sidewalk: Class X concrete shall be used for all sidewalk work. Class X concrete shall be in accordance with the appropriate section of the Illinois department of transportation "Standard Specifications For Road And Bridge Construction" as adopted January 1, 1997, or latest edition thereof. 6. Minimum Thickness: All new sidewalks shall have a minimum thickness of five inches (5"). Sidewalks shall have a minimum thickness of six inches (6") for wheelchair ramps, carriage walks and driveways. 7. Replacement Sidewalks: All replacement sidewalks shall be the same thickness as the removed portion of the sidewalk. In no instance shall the replacement sidewalk be less than four inches (4") or six inches (6") at driveways. Sidewalk extensions in the older established sections of the city shall be four inches (4") thick. (Ord. 00-22, 4-3-2000) 8. Waiver For Sidewalk Construction In Certain Locations: In single-family residential subdivisions that do not include sidewalk improvements as part of an approved engineering plan, the city engineer may approve a written request for a sidewalk installation exemption for locations where the entirety of the required sidewalk segment's physical location is: a. Greater than one thousand (1,000) linear feet from a park, school or PACE bus route; and b. Greater than five hundred (500) linear feet from an existing sidewalk segment. 9. Fee In Lieu Of Sidewalk Waiver: In the event that the request is granted, fees for construction of a sidewalk shall be waived. A waiver shall be requested and reviewed prior to issuance of the building permit. Waivers requested after a permit has been issued shall be reviewed at the discretion of the city engineer. (Ord. 16-06, 3-7-2016) B. Driveways: A paved driveway entrance, either portland cement concrete or bituminous concrete, shall be required from the back of curb to the property line. 1. Curb cut for driveway approaches shall not exceed twenty two feet (22') in width including a minimum of two foot (2') transitions cut from barrier curb to depressed curb on either side of driveway entrance, unless approved by the city engineer. 2. Driveway approaches shall not exceed twenty two feet (22') in width at edge of pavement. 3. Driveway shall not exceed eighteen feet (18') in width at both front and back of sidewalk with garage setbacks less than forty five feet (45') from the garage door to the front property line. 4. Driveway shall not exceed fourteen feet (14') in width at both the front and back of sidewalk for all setbacks greater than forty five feet (45') from the garage door to the front property line. 5. Driveways may be constructed to within one foot (1') of the side property line only when a new driveway conforms to existing grades or the proposed grades on the approved engineering plan. 6. Driveways that require a retaining wall shall have a minimum five foot (5') setback from side property line to face of wall, unless otherwise approved by city engineer. (Ord. 00-22, 4-3-2000) Page 27 of 27