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File #: 259-25   
Type: Ordinance Status: Passed
File created: 4/1/2025 In control: City Council Meeting
On agenda: 4/15/2025 Final action: 4/15/2025
Title: Ordinances Associated with 845 N. Broadway Street: Ordinance Approving a Variation of Use to Allow a Two-Unit Residence, an R-3 (One-and Two-Family Residential) Use, in an R-2 (Single-Family Residential) Zoning District, Located at 845 N. Broadway Street (ZBA 2025-06) Ordinance Repealing a Variation of Use to Allow the Continued Use of a Bait Shop in an R-3 (One-and Two-Family Residential) Zoning District, Located at 845 N. Broadway Street (ZBA 1983-04)
Attachments: 1. Ordinance - Variation of Use ZBA 2025-06 (845 N. Broadway).pdf, 2. Ordinance VOU Repeal 845 N. Broadway Street.pdf, 3. 845 Broadway Plat of Survey, 4. ZBA Staff Report Packet, 5. Approver Report

TO:                                           Mayor and City Council

 

FROM:                      Dustin Anderson, Director of Community Development

 

SUBJECT:

title

Ordinances Associated with 845 N. Broadway Street:

 

Ordinance Approving a Variation of Use to Allow a Two-Unit Residence, an R-3 (One-and Two-Family Residential) Use, in an R-2 (Single-Family Residential) Zoning District, Located at 845 N. Broadway Street (ZBA 2025-06)

 

Ordinance Repealing a Variation of Use to Allow the Continued Use of a Bait Shop in an R-3 (One-and Two-Family Residential) Zoning District, Located at 845 N. Broadway Street (ZBA 1983-04)

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BACKGROUND:

The petitioner, Jim Hensley, is requesting approval of a Variation of Use to allow the addition of one residential unit, for a total of two residential units, located at 845 N. Broadway Street. The applicant is proposing to convert the first-floor commercial space of the building into one residential apartment. As part of this request, an existing Variation of Use (Petition 1983-04) to allow use of a bait shop with sales of package liquor, in addition to a reduction of off-street parking, approved under Ordinance #7832 in June 1983, will be repealed. The Zoning Board of Appeals approved a Variation to reduce the minimum lot area per family from 7,500 square feet to 1,642 square feet at its March 20, 2025, meeting. The variation was necessary to avoid a nonconformity with the underlying R-2 zoning designation, if the subject Variation of Use petition to allow a two-unit residence is approved.

 

The subject property is approximately 3,284 square feet in size and contains a two-story building with vinyl siding with a 1-story rear addition. Between the main building and an accessory garage in the property’s rear, the subject property contains a lot coverage of approximately 55%. A variation to allow this lot coverage was approved in 1979. The building was constructed in the 1930’s. Several commercial uses have occupied the ground floor of the building, with an apartment use typically occupying the second floor. In 1983, the City Council approved a Variation of Use to allow a bait shop with package liquor sales and a parking reduction to allow the continuation of a business use at this location.

 

The petitioner wishes to convert the ground floor from a commercial use to a second dwelling unit in the building. The renovation would create separate points of access for each dwelling unit, with the ground floor access coming from the Ross Street (north) side of the building through an existing side door. The second story unit would be accessed from the rear (west) building extension. The petitioner intends to add a three-space parking pad to the rear yard to allow for off-street parking. Per Section 47-17.17N(2) of the City’s Zoning Ordinance, 1.5 parking spaces are required for each dwelling unit.

 

The property is located at the southwest corner of N. Broadway Street and Ross Street. The surrounding neighborhood is largely comprised of R-2 (Single-Family Residential), R-3 (One and Two-Family Residential), and B-3 (General Business) zoned properties. The North Broadway Street corridor contains a mixture of single-family, duplex, and multi-family residential lots, with automotive or neighborhood commercial uses located at certain corner intersections. The subject property is located across from Route 66 Park, which is on the east side of North Broadway Street.

 

The petitioner believes having a second dwelling unit in the building will be more beneficial than attempting to recruit and maintain a neighborhood commercial use for the ground floor unit. While the petitioner intends to add some parking to the rear of the building, a lack of on-street parking in the area creates a challenging environment for the long-term viability of a commercial use at the subject property. There will be adequate parking for the proposed additional unit of housing. The neighborhood features strong residential density, however, walkability to the subject property is somewhat diminished by a lack of connectivity from the adjacent block of Ross Street to the rest of the Cunningham neighborhood. Given current local demand for increased housing volume and diversity, staff supports the petitioner’s request to add a second dwelling unit in the main building. If the Variation of Use is approved, the petitioner will need to obtain all necessary building permits and complete all renovations prior to occupancy of the unit.

 

ZONING BOARD OF APPEALS PUBLIC HEARING:

The Zoning Board of Appeals held a public hearing on this matter on March 20, 2025. Jim Hensley, the petitioner, represented the petition. No one spoke or submitted comments in favor of or in opposition to the petition. Meeting minutes are attached hereto.

 

RECOMMENDATION OF THE ZONING BOARD OF APPEALS:

recommendation

Jim Riggs moved that the Zoning Board of Appeals recommend repeal of the Variation of Use Permit to allow the continued use of a bait shop in an R-3 (One-and Two-Family Residential) zoning district, located at 845 N. Broadway Street. Debbie Radakovich seconded the motion, which passed with five (5) aye votes and no nay votes. Voting aye were: Bias, Hennessy, Radakovich, Riggs, and Stiff. Board members Nachtrieb and Roehr were absent.

 

Jim Riggs moved that the Zoning Board of Appeals recommend approval of Variation of Use Permit to allow a two-unit residence, an R-3 (One-and Two-Family Residential) use, in an R-2 (Single-Family Residential) zoning district and a series of Variations to allow a two-unit residence, located at 845 N. Broadway Street, subject to the following conditions:

 

1. That the proposed rear yard off-street parking area shall be paved with concrete, bituminous concrete, or other approved surface material in accordance with Section 47-17.17(J) of the Zoning Ordinance and other applicable ordinances.

2. That off-street parking for a minimum of three vehicles shall be provided.

3. That the existing fence in the rear yard shall be removed.

4. That all necessary building permits shall be obtained, and all renovations completed prior to occupancy of the unit.

5. That any and all outstanding Building and Property Maintenance Code violations shall be remedied as directed by the City of Joliet Department of Neighborhood Services.

6. That the property shall remain in and comply with the City’s Rental Inspection Program.

7. Should the property be declared a public nuisance by the City Council, the Variation of Use shall be subject to a rehearing and possible revocation of the Variation of Use.

Ralph Bias seconded the motion, which passed with five (5) aye votes and no nay votes. Voting aye were: Bias, Hennessy, Radakovich, Riggs, and Stiff. Board members Nachtrieb and Roehr were absent.

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RECOMMENDATION OF THE ADMINISTRATION:

recommendation

Staff concurs with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt the following, subject to the same conditions approved by the Zoning Board of Appeals above:

 

1.                     Ordinance Approving a Variation of Use to Allow a Two-Unit Residence, an R-3 (One-and Two-Family Residential) Use, in an R-2 (Single-Family Residential) Zoning District, Located at 845 N. Broadway Street

 

2.                     Ordinance Repealing a Variation of Use to Allow the Continued Use of a Bait Shop in an R-3 (One-and Two-Family Residential) Zoning District, Located at 845 N. Broadway Street