Planning & Zoning Commission

VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION AGENDA Tuesday, March 24, 2026 6:30 PM 5819 Electric Avenue Berkeley Illinois 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Motion to Approve the Planning and Zoning Minutes from February 24, 2026 2 Planning & Zoning Commission - Feb 24 2026 - Minutes - Public.pdf 5. Public hearing regarding proposed text amendments to regulate the encroachment of porches within required yard setbacks 6. Motion to approve findings of fact and recommendation to the Village Board 8 regarding proposed text amendments to regulate the encroachment of porches within required yard setbacks Porch Text Amendment - PZC Staff Memo.pdf Porch Text Amendment 3-18-26 revised.pdf BK FOF Porch Text Amendment.pdf 7. Chairman's Report 8. Next Meeting 9. Adjournment Note: The Village of Berkeley, in compliance with the Americans with Disabilities Act (ADA), requests tha t any persons with disabilities, who have questions about the accessibility of the meeting or facility, contact Village Hall at 708-449-8840, to allow for reasonable accommodations to be made. Page 1 of 22  Village of Berkeley Minutes Tuesday, February 24, 2026 6:30 PM 5819 Electric Avenue Berkeley Illinois 1. Chairman Bullard calls meeting to order at 6:30PM 2. Roll Call Assistant Administrator Miller, Village Attorney Hannah Sayed, Planning Consultant Pete Iouse 3. Pledge of Allegiance 4. Motion to Approve the Planning and Zoning Minutes from December 9, #-# 2025 Motio Secon Aye No Abstai Absent n d n Chairman X Bullard Commissioner X X Jones Commissioner X X Laye Commissioner X Routen Commissioner X Hurley Commissioner X Hammer Commissioner X Winfield Motion passed 7-0 Page 2 of 22  Special Planning & Zoning Commission - Dec 09 2025 - Minutes.pdf 5. Public hearing regarding an application for a special use planned unit #-# development at 5707 St. Charles Road, Berkeley, Illinois Chairman Bullard opens discussion regarding public hearing. Assistant Administrator Miller provided background regarding the McDonalds rebuild. Chairman Bullard swore in anyone from the audience and that planned on providing comments or testimony. McDonald's representatives answered questions from the board and public. Construction should take approximately 14 to 16 weeks. Resident Sean Caster from Bolander Avenue questioned lighting located on the east side of the property. McDonald's staff confirmed that their plans propose only one light on the east side of the property and confirmed that the light would not effect any of the residential properties along Bohlander Avenue. 5707 St Charles McDonalds Remodel - PZC Staff Memo.pdf McDonald's 5707 St. Charles Road PUD 2-16-26 revised.pdf Signed Application_Redacted.pdf 120320-Berkeley_ IL-4899-Exterior Elevations-Rev 2.pdf 2025-12-10_24113_Landscape Plan.pdf 6. Motion to approve findings of fact and recommendation an application #-# for a special use planned unit development at 5707 St. Charles Road, Berkeley, Illinois Motion Second Aye No Abs Absent tain Chairman Bullard X Commissioner X X Jones Commissioner X Laye Page 3 of 22  Commissioner X Routen Commissioner X Hurley X Commissioner X Hammer Commissioner X Winfield Motion Passed 7-0 BK FOF McDonalds SUP and PD.pdf 7. Public hearing regarding an application for a sign variation at 5447 St. #-# Charles Road, Berkeley, Illinois Chairman Bullard opens discussion regarding a proposed sign variance. Assistant Administrator Miller provided details about the variance request. Chairman Bullard swore in all in attendance who were going to testify about the application. The applicant was present to answer any questions or concerns from those in attendance. Planning Consultant Iouse addressed questions related to material and lighting of the proposed sign. Commissioners addressed concerns. 5447 St Charles Torres Sign Variance - PZC Staff Memo.pdf 5447 St Charles Rd Sign Variance 2-16-26.pdf SKM_C36826011612320_Redacted.pdf Torres Fresh Market-Berkeley_DRAWING V2 (1).pdf 8. Motion to approve findings of fact and recommendation to the Village #-# Board regarding an application for a sign variation at 5447 St. Charles Road, Berkeley, Illinois Motio Secon Aye No Abstai Absent n d n Chairman X Bullard Page 4 of 22  Commissioner X Jones Commissioner X Laye Commissioner X Routen Commissioner X Hurley Commissioner X X Hammer Commissioner X X Winfield Motion Passed 7-0 BK FOF Torres Market Sign Variation.pdf 9. Public hearing regarding proposed text amendments to regulate the #-# encroachment of porches within required yard setbacks Chairman Bullard opens discussion regarding encroachment of porches. Assistant Administrator Miller provides background. Commissioners had questions specific to the definition of porches. Also, there was additional discussion about adding definitions for porch, deck, and patio for clarity. Chairman Bullard asked staff to add the additional definitions to the text amendment and continue this item until the next PZC meeting. Commissioners discussed and agreed to continue the hearing, until the next PZC meeting. Motion to Continue the public hearing Moti Sec Aye No Abstain Absent on ond Chairman X Bullard Commissioner X Jones X Page 5 of 22  Commissioner X Laye Commissioner X Routen X Commissioner X Hurley Commissioner X Hammer Commissioner X Winfield Motion Passed 7-0 Porch Text Amendment - PZC Staff Memo.pdf Porch Text Amendment 2-16-26.pdf 10. Motion to approve findings of fact and recommendation to the Village #-# Board regarding proposed text amendments to regulate the encroachment of porches within required yard setbacks No action was taken as this item was continued to the next PZC meeting. BK FOF Porch Text Amendment.pdf 11. Chairman's Report-no report Assistant Administrator Miller gave the Commission an update on the Dermody project (5300 St. Charles Road). 12. Next Meeting-TBD 13. Meeting adjourned 7:55pm Mot Seco Aye No Abstain Absent ion nd Chairman X Bullard Page 6 of 22  Commissioner X Jones Commissioner X Laye Commissioner X Routen Commissioner X X Hurley Commissioner X Hammer Commissioner X X Winfield Motion Passed 7-0 Chairman Paul Bullard Page 7 of 22  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us MEMORANDUM TO: Planning and Zoning Commission FROM: Justyn Miller, Assistant Village Administrator DATE: March 20, 2026 RE: Porch Text Amendment Background Over the past couple of years, the Village has received requests from homeowners completing porch projects to reconsider our regulations. More specifically, these requests have focused on why the Village’s porch regulations are so perceptually restrictive, particularly regarding the current depth limit (5 feet) and the width restrictions (no more than 30% of the main structure). With that, Village staff asked our planning consultant (Teska) to research surrounding communities to assess the merit of this concern. Based on that research, included in the staff report, most either allow greater encroachment or define the setback differently (from the lot line or the street centerline). Also, most comparable communities, except LaGrange Park, do not have width restrictions. Based on that research, our planning consultant and staff agreed that changing the maximum depth, eliminating the width restrictions, and adding additional definitions to the code were reasonable. This item was considered and discussed at the PZC meeting on February 24, 2026. At that meeting, the Commissioners' consensus was to seek additional clarity on the definitions in the proposed text amendment. More specifically, there were questions about the definition of porches and the need to add definitions for both deck and patio. The Village’s planning consultant did additional research on this item and included proposed definitions (deck, porch, and patio) in their revised staff report. Previous Action None. Recommendation Staff recommends the approval of a Findings of Fact and Recommendation to the Village Board regarding a proposed text amendments to regulate the encroachment of porches within required yard setbacks. Page 8 of 22  Village of Berkeley 5819 Electric Avenue, Berkeley, Illinois 60163 Phone: 708-449-8840 | Fax: 708-449-6189 | www.berkeley.il.us Budgeted Amount Not applicable. Action A Motion to approve a Findings of Fact and Recommendation to the Village Board regarding a proposed text amendments to regulate the encroachment of porches within required yard setbacks. Attachments • Teska Staff Report • Findings of Fact Page 9 of 22 TO: Village of Berkeley FROM: Pete Iosue, AICP, Associate Principal DATE: February 16, 2026 Revised March 18, 2026 RE: Proposed Zoning Text Amendment relating to porch encroachment into required yard setbacks BACKGROUND The Village of Berkeley is proposing to amend the zoning code pertaining to allowable encroachments into required yard setbacks for porches. Section 12-6A-3: Specified Structures in Required Yards establishes that unenclosed porches of not more than 5ft. in depth and not longer than 30% of the width of the attached main structure are allowable. Porches are regulated under the same standard as balconies and significantly limit the size of residential porches within the Village. The Village is therefore proposing to increase the allowable porch encroachment to 9ft., and to eliminate the maximum 30% width requirement. This would only apply to porches and allow for increased encroachment of porches into required yard setbacks. Example of typical front porch in Berkeley, Illinois Page 10 of 22 ZONING RESEARCH Teska has surveyed zoning regulations in multiple neighboring communities as relating to porches and allowable encroachment into required yard setbacks, as shown below: Broadview La Grange Riverside Hillside Elmhurst Roselle* Park Structure Porch (open) Deck / Porch Porch Porch (open, Porch Type Porch (enclosed & unenclosed, (unenclosed) unenclosed) single-story) Yards Rear yard Front, side, Front yard, Not explicitly Front yard Front and Where only and rear corner side defined by rear yards Permitted yards yard, and yard street yard Front Yard shall comply 35 ft. from Unenclosed 30 ft. from may encroach May Setback with yard front porches may centerline of up to 6 ft. encroach up requirements property encroach up to street into the to 10 ft. line or 9 ft but must established block face remain at least average front average 20 ft from lot yard setback, line; but may not If the yard is exceed the less than 36 ft, required porch front yard encroachment setback of (excluding the zoning eaves) is district limited to 25% of the yard; Eaves may encroach an additional 3 ft Side Yard shall comply 10% of lot Permitted in shall comply shall comply shall comply Setback with yard width (min. corner side with yard with yard with yard requirements 5 ft.) yards only; not requirements requirements requirements permitted in interior side yards Rear Yard Permitted in ≥15% of lot - shall comply shall comply May Setback rear yard depth with yard with yard encroach up requirements requirements to 10 ft. Coverage / Not specified Max max 10% of Counted Size Limits coverage: lot coverage toward total 30% (total for all lot coverage (interior accessory lot), 35% structures); (corner lot); max coverage +3% 100 sq. ft. allowed for unenclosed porch on 2 Page 11 of 22  existing interior-lot homes Height max 10 ft. Single story 15 ft Limits Enclosed Open only Allowed Enclosed Not specified Open only Open only Porch Rules (subject to porches standards) prohibited unless legally existing Accessory Treated as Treated as Treated as Porches Not treated Treated as Structure “Permitted principal accessory regulated as as accessory Accessory Treatment Obstructions” accessory structure with accessory use Structure not Accessory element yard-specific structures Structures limits Notable Porches Most Rear and Deck Definition for Restrictions limited to flexible interior side standards Porch: A / Notes rear yards standards; yards supplemented roofed-over only incentives prohibited by structure, for administrative projecting out unenclosed guidance from the wall porches or walls of a main structure, and partially open to the weather. *Not nearby but a good, simply example As shown in the table above, regulation of porches and allowable porch encroachment into required yard setbacks is common. Typical regulations range from more strict (no encroachment allowed) to more lenient (encroachment up to 10ft.) than Berkeley’s requirement (encroachment up to 5ft.). Berkeley’s existing standard is within the range of standards for neighboring communities. In addition, the proposed change to increase the allowable encroachment to up to 9ft. is also consistent and within the range of standards of the neighboring communities that were evaluated. Typical residential minimum yard setback requirements within the Village are 30ft. (front) and 5ft. (side) and 25ft. (rear). In general, encroachment by porches into required yard setbacks is primarily an aesthetic issue and not significantly related to public safety. As long as sufficient yard setbacks are provided (particularly side yard setbacks and corner side yard setbacks) to maintain public safety and traffic visibility, and the encroachments are compatible with neighboring properties, increasing the allowable porch encroachments would be a potential benefit to Berkeley homeowners, and no negative impact on neighboring property owners. 3 Page 12 of 22 DEFINITIONS The Village may also want to consider adding a definition of “porch” (and related terms) to Chapter 2: Rules and Definitions. Definitions from a wide range of ten (10) other suburban communities are provided below for review and guidance. However, many neighboring communities to Berkeley have no relevant definitions (deck, patio and porch) to reference. 1. Bartlett Deck: An exterior floor supported on at least two (2) opposing sides by an adjacent structure and/or posts, piers or other independent supports and which is typically constructed of wood. Porch: An unenclosed roofed structure at an entrance to a building which is not heated or cooled that is attached to the building. 2. Berwyn Deck: A roofless outdoor platform often constructed of wood or composite wood that is elevated from the ground and connects to the exterior wall of a building. Patio: A roofless hard surfaced area typically constructed of masonry, brick, or concrete that is attached to the ground adjacent to the wall of a building. Porch: An unenclosed roofed platform projecting from the exterior wall of a building. 3. Hinsdale Deck: A structure attached to or closely adjacent to any dwelling unit that is designed and intended for the support of persons: that is made of wood; that has no permanent or temporary cover or canopy; that is constructed on piers and without continuous foundation or footings; and that has no part extending above the floor level of the first story of such dwelling, excluding any cellar or basement; provided, however, that protective, decorative, or ornamental appurtenances such as hand railings, benches, and the like may extend to a height of forty two inches (42") above such floor level. Patio: An impervious area intended for recreational uses, either passive or active, and not covered by any permanent structure. 4. Lockport Deck: An unroofed platform located above grade, which is usually directly adjoining or attached to a building. Patio: A level, unenclosed surfaced area located as grade, and usually directly adjoining or attached to a building. Porch: A roofed platform on the front or side of a house, located at or above grade, having direct access to or from a building, and which may be screened. 5. River Grove Deck: A roofless outdoor space built as an aboveground platform projecting from the wall of a building and is connected by structural supports at grade or by the building structure. Patio: An impervious surface, no higher than one foot (1') above the ground, designed and intended for recreational use by people and not as a parking space. 4 Page 13 of 22  Porch: A structure, which can be enclosed or unenclosed, that projects from the exterior wall of a building, has direct access to the street level of the building, and is covered by a roof or eaves. 6. Rolling Meadows Deck: An uncovered and open platform built above grade typically supported by pillars or posts. Decks may or may not be attached to a principal or accessory structure. Patio: An unenclosed surface area located at the finished lot grade, usually constructed of concrete or masonry materials. Porch: A roofed-over structure, projecting out from the wall of a main structure and commonly open to the weather in part. 7. Roselle Deck: A level, unenclosed platform serving as a floor and located above the finished grade, and usually directly adjoining or attached to a building. Patio: A level, unenclosed surfaced area located at grade and usually directly adjoining or attached to a building. Porch: A roofed-over structure, projecting out from the wall or walls of a main structure, and partially open to the weather. 8. Schiller Park Deck: A structure, commonly constructed of wood, which is open to the sky (as opposed to a "Porch") and which provides a platform that is raised more than six inches above the underlying ground. Porch: A roofed-over platform that is raised more than six inches above the underlying ground, which projects out from the wall or walls of a main structure and which may be open to the weather in part. 9. Streamwood Patio: A level, unenclosed surfaced area located at the finished grade which is usually directly adjacent or attached to a building. Porch: A roofed over, but otherwise unenclosed structure, projecting out from the wall or walls of a main structure. The enclosure of such a porch to a height of not more than three feet (3') with a railing, and that railing remaining fifty percent (50%) open to the weather, shall not be deemed enclosed. All porches shall have a continuous trenched foundation around the perimeter. 10. Woodridge Deck: An uncovered and open platform built above grade typically supported by pillars or posts. Decks may or may not be attached to a principal or accessory structure. Patio: An unenclosed surface area located at the finished lot grade, usually constructed of concrete or masonry materials. Porch: A roofed platform projecting from the wall of a building and having direct access to or from the building to which it is attached. A porch has no solid walls other than the wall of the building to which it is attached. 5 Page 14 of 22  Examples of Berkeley porch encroachments into required front yard setback and extending the entire width of the building Based on the research and example definitions provided above, we have provided a recommended set of definitions. Reference definitions consistently define porches as being attached to the main building and having a roof. The Village may use these recommended definitions or choose to modify them, as desired. Deck: A level, unenclosed, surfaced area, constructed above grade of wood or wood composite materials, and which is open to the sky (as opposed to a "Porch") and located at the rear of and directly adjoining or attached to the primary structure. Porch: A level, roofed or covered, but otherwise unenclosed structure, having no solid full walls other than the wall of the primary structure to which it is attached, and having direct access to or from the primary structure, typically located at the front and/or side of the primary structure. The structure may only be partially enclosed by walls or railings not to exceed a height of three (3) feet. A fully enclosed porch (with walls, screens or glass) constitutes a room and must comply with building setback lines and may not encroach into required yard setbacks. Patio: A level, unenclosed, surfaced area, constructed at grade of concrete or masonry materials, typically located at the rear of and directly adjoining or attached to the primary structure. 6 Page 15 of 22 STANDARDS FOR GRANTING A TEXT AMENDMENT The Standards for granting a zoning text amendment are established in Section 12-16-5: Standards. Some of the standards are intended specifically for zoning map amendments and are not applicable to the proposed zoning text amendment. These standards include the following: A. Existing uses and zoning classifications of properties in the vicinity of the subject property; Proposed text amendment would apply to all residential zoning districts. Proposed changes would allow for increased encroachment of porches into required yard setbacks from 5ft. to 9ft. Existing limits on balconies would remain in place. B. Trend of development in the vicinity of the subject property; The Village has received multiple requests from residential property owners for increasing the allowable size of front yard porches. C. Extent to which the value of the subject property is diminished by the existing comprehensive plan designation or zoning classification; Proposed amendment would allow for larger front yard porches and likely have a positive impact on residential property values. D. Extent to which such diminution in value is offset by an increase in the public health, safety, and welfare; Proposed amendment to allow for increased residential porch size should not have a negative impact on residential property values. E. Extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment; Proposed amendment should not apply to minimum side yard setback (5tf.) to maintain adequate separation of homes and for public safety (fire prevention) reasons. F. Extent, if any, to which the value of adjacent properties would be affected by the proposed amendment; Proposed amendment to allow for increased residential porch size should not have a negative impact on residential property values. G. Extent, if any, to which future orderly development and redevelopment of adjacent properties would be affected by the proposed amendment; Proposed amendment to allow for increased residential porch size should not impact future development and redevelopment opportunities. H. Suitability of the subject property for uses permitted or permissible under its present comprehensive plan designation or zoning classification; Not applicable. I. Availability of adequate ingress and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment; Not applicable. J. Availability of adequate public utilities and essential public services to the subject property to accommodate the uses permitted or permissible under the present comprehensive plan designation or zoning classification; Not applicable. 7 Page 16 of 22  K. Length of time that the subject property has been vacant or underutilized, in consideration of the context of the pace of development and redevelopment in the vicinity of the subject property; and Not applicable. L. Community's need for the proposed map amendment and for the uses and development that it would allow. Not applicable. RECOMMENDATION The proposed zoning text amendment to Section 12-6A-3: Specified Structures in Required Yards to allow for increased encroachment of porches into required yard setbacks from 5ft. to 9ft., and elimination of the maximum 30% porch width as compared to the main principal structure, is reasonable and consistent with similar zoning requirements in neighboring communities. We recommend approval of the proposed text amendment subject to the following recommendations: 1. The proposed amendment should only apply to porches and not balconies. Existing standards for balconies should remain in place. 2. The proposed amendment should only apply to front and rear yard setbacks. The minimum required side yard setbacks of 5ft. should be maintained. 3. The Village should consider adding a definition of “porch” to Chapter 2: Rules and Definitions in order to clarify this issue, and to differentiate between a standard open porch and an enclosed porch, which should maintain building setback lines. If the Plan Commission agrees with the findings and recommendations of this report, then we recommend that the Plan Commission adopt this report as its preliminary Findings of Fact. 8 Page 17 of 22  VILLAGE OF BERKELEY PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION REGARDING PROPOSED TEXT AMENDMENTS TO REGULATE THE ENCROACHMENT OF PORCHES WITHIN REQUIRED YARD SETBACKS WHEREAS, pursuant to Section 12-16-2 of the Berkeley Village Code, as amended (“Village Code”), the Village of Berkeley (“Village”), as petitioner (“Petitioner”), requests consideration of amendments to the Village of Berkeley Zoning Code, as amended (“Zoning Code”) to regulate the encroachment of porches within required yard setbacks (“Proposed Text Amendments”), with the text of the Proposed Text Amendments being set forth in EXHIBIT A attached hereto and made a part hereof; and WHEREAS, the Planning and Zoning Commission (“PZC”) held a public hearing on the question of whether the Proposed Text Amendment should be granted on February 24, 2026 and March 24, 2026, as required by Section 12-16-3 of the Zoning Code, at which time all persons present and wishing to speak were given an opportunity to be heard and all evidence that was tendered was received and considered by the PZC; and WHEREAS, public notice in the form required by law was given of the public hearing by publication not more than 30 days nor less than 15 days prior to the public hearing in a newspaper of general circulation in the Village; and WHEREAS, at the public hearing, Assistant Village Administrator Justyn Miller presented the Proposed Text Amendments on behalf of the Petitioner; and WHEREAS, at the public hearing, ___ member of the public provided testimony regarding the Proposed Text Amendments; and WHEREAS, following the close of the public hearing, the PZC discussed and deliberated on the Proposed Text Amendments and determined that it would best serve the Village if the Zoning Code were amended as set forth in the Proposed Text Amendments; NOW THEREFORE, the PZC makes the following findings of fact and recommendation pursuant to Section 12-16-3 of the Zoning Code: 1. The Proposed Text Amendments meet the applicable standards for text amendments in Section 12-16-5 of the Zoning Code. 2. The Proposed Text Amendments are in the best interests of the Village, its residents and property owners. 3. The PZC recommends that the Village President and Board of Trustees of the Village of Berkeley APPROVE the Proposed Text Amendments. 1 4910-5217-4735, v. 3 Page 18 of 22  _______________________________ Paul Bullard Chairperson _____March 24, 2026 Date 2 4910-5217-4735, v. 3 Page 19 of 22  EXHIBIT A PROPOSED TEXT AMENDMENTS (attached) 3 4910-5217-4735, v. 3 Page 20 of 22 Amendments to the Village of Berkeley Zoning Code are set forth below, with deletions struck through and additions bold and double-underlined. Amendment One: Section 12-2-3 of the Zoning Code is amended to add the following defined terms: DECK. A level, unenclosed, surfaced area, constructed above grade of wood or wood composite materials, and which is open to the sky (as opposed to a "Porch") and located at the rear of, and directly adjoining or attached to, the primary structure. PATIO. A level, unenclosed, surfaced area, constructed at grade of concrete or masonry materials, typically located at the rear of, and directly adjoining or attached to, the primary structure. PORCH. A level, roofed or covered, but otherwise unenclosed structure, having no solid full walls other than the wall of the primary structure to which it is attached, and having direct access to or from the primary structure, typically located at the front and/or side of the primary structure. The structure may only be partially enclosed by walls or railings not to exceed a height of three feet. A fully enclosed porch (with walls, screens or glass) constitutes a room and must comply with building setback lines and may not encroach into required yard setbacks. Amendment Two: Section 12-6A-3 of the Zoning Code is amended as follows: The following structures and uses, except as limited below, may be located in any required yard: * * * Balconies and covered, unenclosed porches not more than five feet (5') in depth and not longer than thirty percent (30%) of the width of the attached main structure, only when located in rear or court yards. Balconies shall be located in rear or court yards only. * * * 4 4910-5217-4735, v. 3 Page 21 of 22  Porches which are covered and unenclosed not more than nine feet (9’) in depth when located in front or rear yard setbacks, or which are not more than five feet (5’) in depth when located in side yards. * * * 5 4910-5217-4735, v. 3 Page 22 of 22