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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: &.C.
Variance To Allow Building Addition
943 McCormick Lane FILE NUMBER:
COMMITTEE AGENDA DATE:
Ordinance #20-O-0016
COUNCIL AGENDA DATE: August 17, 2020
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE >_<
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
Ben Tran, the owner of the property at 943 McCormick Lane, seeks the granting of a variance to allow
construction of a sunroom at the rear of his house. The variance would require a six-foot encroach-
ment into the 30-foot rear yard setback.
The lot is irregularly shaped, resembling a pie slice. The lot has a convex front lot line and grows nar-
rower towards the rear, eventually coming to a point. As a result, the property does not have a tradi-
tional rear lot line and by definition the side property line to the west becomes the rear lot line. The 24-
foot side yard setback on the east side will be maintained and does not require a variance. Other
properties in the neighborhood have more or less regular, usable backyards that, with the same size
addition would maintain a distance of 40-50 feet from the rear property line.
One of the most basic determinations of the concept of “hardship” comes into play here. Due to the
pie shaped lot with the narrowing backyard, the property owner cannot construct an expansion, in this
case a sunroom, in a size similar to what other properties within the neighborhood and the zoning dis-
trict could do, so a variance is warranted.
The Planning Commission met August 4, 2020, and members voted unanimously (5-0) in favor of
recommending the variance request in that the standards for the variance were met.
ACTION PROPOSED:
Discussion and approval of the sign variances from Section 12.7-3 (B) and (E) of the Zoning Ordi-
nance.
COMMITTEE RECOMMENDATION:
Development Committee was not held because of the power outage.
Pc: Ordinance
Location Map
Site Plan

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ORDINANCE NO. 20-0-0016
AN ORDINANCE GRANTING A ZONING VARIANCE
943 MCCORMICK LANE
WHEREAS, on or about June 30, 2020, Ben Tran, (the “APPLICANT”), filed an
application for a zoning variance to construct a sunroom addition with a setback of twenty-four (24)
feet from the rear lot line in lieu of the minimum setback of thirty (30) feet required, with respect to
the property legally described on Exhibit “A” attached hereto and incorporated herein (the
“SUBJECT REALTY”); and,
WHEREAS, Notice of Public Hearing on said zoning variance application was published in
the Daily Herald on July 19, 2020, as required by the ordinances of the City of West Chicago and the
statutes of the State of Illinois; and,
WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of
Appeals of the City of West Chicago, commencing on August 4, 2020, pursuant to said Notice;
and,
WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of its
application, and all interested parties had an opportunity to be heard; and,
WHEREAS, the corporate authorities of the City of West Chicago have received the
recommendation of the Plan Commission/Zoning Board of Appeals which contains specific
findings of fact, pursuant to Recommendation No. 2020-RC-0013, a copy of which is attached
hereto as Exhibit “B” which is, by this reference, incorporated herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, Du Page County, Illinois, in regular session assembled, as follows:
Section 1. That the SUBJECT REALTY is hereby granted zoning variance from Section
9.3-2(C)(4) of the Zoning Code to allow a proposed addition to encroach into the required thirty
(30) foot rear yard setback by six (6) feet.
Section 2. That the sunroom addition be constructed in conformance with the Plat of
Survey, consisting of one (1) sheet prepared by Jacob and Hefner Associates date stamped
received June 30, 2020, attached as Exhibit “C”
Section 3. That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, hereby repealed.
Section 4. That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
Ordinance 20-O-0016
Page 1 of 6

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PASSED this 17" day of August, 2020.
Alderman J. Beifuss ee Alderman L. Chassee
Alderman J. Sheahan ee Alderman H. Brown
Alderman A. Hallett _ Alderman Ferguson
Alderman Birch Ferguson Alderman §.Dimas |
Alderman C. Swiatek ee Alderman M. Garling
Alderman R. Stout _ Alderman J. Short
Alderman N. Ligino-Kubinski Alderman J. Jakabesin
APPROVED as to form:
City Attorney
APPROVED this 17" day of August, 2020.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED:
Ordinance 20-O-0016
Page 2 of 6

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EXHIBIT “A”
Subject Realty Legal Description
LOT 65 IN PRINCE CROSSING FARM, BEING A SUBDIVISION OF PART OF THE
NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 39 NORTH, RANGE 9 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREFOR
RECORDED APRIL 17, 2003 AS DOCUMENT R2003-145311, IN DUPAGE COUNTY,
ILLINOIS.
Tax ID Number: 04-03-219-016
Ordinance 20-O-0016
Page 3 of 6

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EXHIBIT “B”
RECOMMENDATION NO. 2020-RC-0013
TO: The Honorable Mayor and City Council
SUBJECT: PC 20-10
Zoning Variance
Ben Tran
943 McCormick Lane
DATE: August 4, 2020
DECISION: The Plan Commission/Zoning Board unanimously recommended approval of the
zoning variance for the SUBJECT REALTY by a vote of five (5) “yes” and zero (0)
“no”, subject to the sunroom addition being installed in conformance with the Plat
of Survey, consisting of one (1) sheet prepared by Jacob and Hefner Associates
date stamped received June 30, 2020, attached as Exhibit “C”
RECOMMENDATION
After holding a public hearing and after review of the requested zoning variance, the Plan
Commission/Zoning Board of Appeals recommended approval of the zoning variance according to
the following findings of fact:
(1) The particular physical surroundings, shape or topographical condition of the specific
property involved would result in a particular hardship upon the owner, as distinguished
from a mere inconvenience or loss of revenue, if the strict letter of the regulations were
carried out:
The property is an irregular shaped pie-lot located on a corner. The property does not have a
typical rear lot line and the thirty (30) foot rear yard setback originates at what can be
considered part of the interior side lot line. Furthermore, although the lot is considered a
corner lot, it does not have the same orientation as a typical corner lot consisting of a narrow
dimensioned front lot line with a longer corner side lot line.
(2) The condition upon which the requested variances are based would not be applicable,
generally, to other property within the same zoning classification:
The typical lot size in the R-2 District is 12,000 square feet, which is actually smaller than the
subject property. Other R-2 lots tend to be rectangular with a lot width of eighty (80) feet with
a depth of 150 feet. If this same sunroom addition were constructed on the rear of a home,
substantially the same size as the subject home, in the R-2 District with a typical rectangular
lot, it would not only meet the thirty (30) foot rear yard setback but would be able to maintain
a distance of anywhere from forty (40) to fifty (50) feet from the rear lot line.
Ordinance 20-0-0016
Page 4 of 6

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(3) The alleged difficulty or hardship has not been created by any person presently having an
interest in the property:
The petitioner did not design the lot nor construct the existing home. The petitioner is,
however, locating the sunroom addition on a portion of the rear of the house that is furthest
from the required rear yard setback to minimize the amount of encroachment of the addition.
(4) The granting of the variances will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located:
Granting the requested variance will not have a detrimental impact to the surrounding area.
Only a small portion of the addition, approximately 60 square feet, will be located within the
rear yard setback.
(5) The proposed variances will not impair an adequate supply of light and air to adjacent
property, substantially increase the congestion in the public streets, increase the danger of
fire, endanger the public safety or substantially diminish or impair property values within the
neighborhood:
The proposed variances should not substantially impair an adequate supply of light and air to
adjacent property, substantially increase the congestion in the public streets, increase the
danger of fire, endanger the public safety or substantially diminish or impair property values
within the neighborhood. Only a small portion of the addition, approximately 60 square feet,
will be located within the rear yard setback.
(6) The proposed variances comply with the spirit and intent of the restrictions imposed by this
Code:
Due to the unique shape of the lot, the sunroom addition will still maintain an adequate
distance from the side property line on the west side of the home and will thus not have
impacts on adjacent properties. The sunroom, in all other respects, will comply with the
Zoning Code.
Respectfully submitted,
Barbara Laimins
Chairperson
VOTE:
For Against Abstain Absent
Laimins Faught
Devitt
Hale
Dettman
Kasprak
Henkin
Ordinance 20-O-0016
Page 5 of 6

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EXHIBIT “C”
(Insert Plat of Survey)
Ordinance 20-O-0016
Page 6 of 6

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a raat ?
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EXHIBIT "A"
N
1 inch = 100 feet
LOCATION MAP

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EXHIBIT"B"
AERIALMAP
1inch=25feet

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Exhibit "C" PLAT OF SURVEY W/ FINAL GRADES
LOT 65 IN PRINCE CROSSING FARM, BEING A SUBDIVISION OF PART OF
| SECTION. 3, TOWNSHIP 39 NORTH, RANGE 9 CAST OF THE THIRD PRINCIPAL Mi RIDIN, ACCORE
PLAT THEREOF RECORDED APRIL 17, 2003
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WEST CHICAGO
CIVIL SERVICE COMMISSION
August 5, 2020
Mayor Ruben Pineda
City of West Chicago
475 Main Street
West Chicago, IL 60185
Re: Extension of September 11, 2018, Police Officer Final Eligibility Register List
Dear Mayor Pineda:
On behalf of a unanimous West Chicago Civil Service Commission, I am requesting that the City
of West Chicago exercise its home rule powers and extend the Police Officer Final Eligibility Register
List dated September 11, 2018. As you know, the list will expire September 11, 2020.
The attorney for our Commission has opinionated that because West Chicago is home rule, and
because there are no home rule preemptions placed in the civil service statute, that this list could be
extended by the adoption of a home rule ordinance extending the list. Due to the Governor’s COVID-19
declarations and the City’s adoption of a hiring freeze, the extension of the list, in the Commission’s
opinion, is in the best interests of the City for a variety of reasons.
Firstly, there are a number of qualified and strong candidates on the list who have not diminished
in their qualifications as a result of the delays associated with the hiring freeze. Secondly, the current
highly competitive market for police officers supports the idea that the substantial amount of West
Chicago resources and work that went into formulating the final eligibility register should not be
abandoned or wasted. Thirdly, the substantial delay in establishing a new final eligibility register based
on new testing, interviews and satisfying other eligibility criteria could place the City in a position of not
having any candidates for appointment for a period of approximately 12 months. This could impose a
shortage of police officers for the City, create additional budget responsibilities as a result of having to
pay more overtime, and would delay the internal training necessary to bring a probationary officer
through probation. From a practical standpoint, it does not appear that the extension of the eligibility
period for the current list would, in any manner, compromise the City’s budgeting processes, the quality
of police candidates and the need to provide a fully staffed and qualified police department.
There may be several ways to accomplish the extension of the eligibility list, although the
Commission’s attorney believes that the legally soundest approach would be the adoption of a home rule
ordinance providing for the extension. On behalf of the Commission, I would like to thank you for
considering this request. I would be happy to discuss the matter further with you, if you would like to
call.
We are hopeful this can be accomplished before the eligibility list expires. We believe an
extension of 12 months would be very helpful and an ultimate benefit to the City.
f fecbedbk
Very truly yours,
L
Anthony Gagliardi, Chairman
West Chicago Civl Service Commission
325 Spencer Street, West Chicago, Illinois 60185
Created by Ordinance 619
JANUARY 7, 1957

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Thm # &.D,
ORDINANCENO.20-0-0017
AN ORDINANCE OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS,
EXTENDING THE POLICE OFFICER FINAL ELIGIBILITY REGISTER LIST DUE TO
THE COVID-19 PANDEMIC RESTRICTIONS
WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is a body politic and
corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970, provides
that municipalities of more than twenty five thousand (25,000) in population are home rule units and,
subject to the specific limitations of Illinois law, may exercise any power and perform any function
pertaining to its government and affairs; and
WHEREAS, the City has a population in excess of twenty-five thousand (25,000) and is a legally
recognized Illinois home rule municipality; and
WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS
5/1-1-1 et seq., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare, and
government functions; and
WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the
corporate authority for the City and is authorized by law to exercise all powers provided for thereby and to
control the affairs of the City; and
WHEREAS, the City Council possesses full power and authority to approve and pass all necessary
ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the
City was formed, in accordance with the Illinois Municipal Code; and
WHEREAS, the COVID-19 virus has been declared a Pandemic by the World Health
Organization; and
WHEREAS, accordingly, the Governor of the State of Illinois has declared a State-wide
emergency concerning this Pandemic; and
WHEREAS, the Governor of the State of Illinois has issued Executive Orders which have severely
impacted the operations of the City; and
WHEREAS, the DuPage County Board Chairman and Mayor of the City have also issued a
Disaster Proclamations affecting all of DuPage County and the City, respectively; and
WHEREAS, pursuant to the Illinois Emergency Agency Act, 20 ILCS 3305/1 et seq., (the “Act”),
on March 30, 2020, the Mayor of the City declared a local disaster emergency in the City due to the COVID-
19 Pandemic; and
WHEREAS, The City Council is authorized under section 11 of the Act, to continue the declaration
of a local disaster emergency in the City by consent, within seven (7) days of the Mayor’s declaration; and

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WHEREAS, due to the significant continuing health threat posed by the COVID-19 Pandemic to
the local community, the City Council determined that it is in the best interests of the health and safety of
the local community to consent to a continued Declaration of a Local Disaster Emergency in the City; and
WHEREAS, _ the Mayor has supplemented said Governor’s Declaration, which supplement has
been consented to by the City Council; and
WHEREAS, the City, in matters pertaining to sworn personnel in the Police Department, has
adopted the Civil Service Act, as set forth more fully in the City Code; and
WHEREAS, the Police Officer Final Eligibility List is valid for a period of two (2) years; and
WHEREAS, the current Police Officer Final Eligibility Register List, dated September 11, 2018 is
scheduled to expire on September 11, 2020; and
WHEREAS, due to the restrictions resulting from the COVID-19 Pandemic, certain Police
Academies and other requisite components of the process to secure new hires have been cancelled,
rescheduled or delayed thereby impacting the components required for the establishment of a list of
qualified Candidates; and
WHEREAS, an extension of the current Police Officer Final Eligibility List for a period of twelve
(12) months will enable the City to undertake the necessary process required for the establishment of said
List for new hires in the Police Department; and
WHEREAS, no potential Candidate will be adversely impacted by extending the Eligibility List
to enable the requisite process to occur, under the existing Pandemic conditions; and
WHEREAS, the extension of the Eligibility List will enable the potential Candidates to secure the
perquisites required for consideration for hire as a Police Officer and will ultimately allow the City to select
and employ qualified Police Officers from said List, which will ensure the safety and welfare of the
Residents of the City; and
WHEREAS, nothing herein shall be deemed to conflict with or inany way impede or impact
the provisions set forth in the West Chicago Civil Service Commission Rules or Act; and
WHEREAS, the City Council has determined that passage of this ordinance extending the Police
Officer Final Eligibility Registered List will afford the City the opportunity to maintain a number of
qualified Police Candidates to serve the City and to provide for a fully staffed and qualified Police
Department and is in the best interests of the City and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
CHICAGO, DUPAGE COUNTY, ILLINOIS, in exercise of its legislative home rule authority and in
regular session assembled, as follows:
SECTION 1: That the current Police Officer Final Eligibility Register List, dated September 11, 2018 and
scheduled to expire on September 11, 2020 is hereby extended for a period of twelve (12) months, until
September 11, 2021.

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SECTION 2: That the current Police Officer Final Eligibility Register List, dated September 11, 2018 and
scheduled to expire on September 11, 2020 shall remain in full force and effect and those qualified individuals
on the Final Eligibility Registered List shall have their respective eligibility extended for a period of twelve
(12) months, until September 11, 2021.
SECTION 3: All ordinances and resolutions or parts thereof, in conflict with this provision of this
Ordinance are hereby expressly repealed.
SECTION 4: Ifany section, paragraph, or provision of this Ordinance, or the application hereof, is held
unconstitutional or otherwise invalid or unenforceable for any reason, the invalidity or unenforceability
of such section, paragraph, or provision shall not affect other provisions of this Ordinance or any other
City ordinance, resolution, or provision of the West Chicago Municipal Code that can be given effect
without the unconstitutional or invalid section, paragraph, or provision. Any unconstitutional or invalid
section, paragraph, provision, or application hereof, is severable.
SECTION 5: That this Ordinance shall be in full force and effect from and after its passage and
approval and publication as required by law.
Alderman J. Beifuss Alderman L. Chassee
Alderman J. Sheahan Alderman H. Brown
Alderman A. Hallett Alderman M. Ferguson
Alderman Birch Ferguson Alderman S. Dimas
Alderman C. Swiatek Alderman M. Garling
Alderman R. Stout Alderman J. Short
Alderman N. Ligino-Kubinski Alderman J. Jakabcsin
ALT TT
TTT
PASSED this 17" day of August, 2020.
APPROVED as to form:
Patrick K. Bond, City Attorney
ADOPTED this 17" day of August, 2020.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED: August 18, 2020