TO: Mayor and City Council
FROM: Nolan Ming, Acting Community Development Director
SUBJECT:
title
Resolution Denying a Variation of Use to Allow Conversion of a Single-Unit Residence Into a Two-Unit Residence, an R-3 (One- and Two-Family Residential) Use, in the R-2 (Single-Family Residential) Zoning District, Located at 540 Bluff Street (ZBA 2026-35)
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BACKGROUND:
The petitioner and property owner, Abraham Garcia, is requesting a Variation of Use to allow conversation of single-unit residence into a two-unit residence in the R-2 (single-family residential) zoning district at 540 Bluff Street. The site previously contained a one-story single-unit structure with around 1000 square feet of first floor living area. The petitioner purchased the property in December 2025 and began construction without permits to convert the structure into a two-story, two-unit residence. The petitioner was then alerted by City staff that they needed building permits as well as a Variation of Use because a two-unit residence is not permitted in the R-2 district. The petitioner ceased work on the structure and applied for their zoning petitions.
The subject site is an 8,000-square-foot lot that contains a single-family residence built around 1906 and an asphalt driveway along the south side of the house. The property is zoned R-2 (single-family residential). Based on historic Joliet Street Directory information, the subject property appears to have been a single-family residence since its construction. The property is located in the Bicentennial Bluffs neighborhood on the east side of Bluff Street, south of Lime Street. The area contains a mix of single-unit, two-unit, and multi-unit residential uses.
The proposed two-story, two-unit structure would have a full second story and a gable roof with a 4:12 pitch. The existing front porch and enclosed side porch would remain. The proposed floor plans show that each floor would contain one dwelling unit with three bedrooms and approximately 1,012 square feet of living area. The units would have separate entrances and no interior connections. The proposed elevations and floor plans are included in the Zoning Board of Appeals staff report packet.
The required number of off-street parking spaces for a two-unit residence is three spaces. The site plan shows that these will be provided on the existing paved driveway along the south side of the house. As a condition of approval, the parkway along the frontage of the north side of the lot would need to be returned to grass and not used for parking. The property meets the required lot area per family of 3,500 square feet, which is the area required per unit for two-unit dwellings in the R-3 (one- and two-family residential) district.
The petitioner states that they plan to maintain one of the units as a second personal residence and rent out the other unit. If the Variation of Use is approved, the property will need to be enrolled in and comply with the City’s Rental Inspection Program. The petitioner will be required to pull all necessary building permits and receive approval of their building plans prior to re-starting construction work on the site.
The house has an existing nonconforming front yard setback of 12.9 feet, measured to the front wall of the house. The required front yard setback in the R-2 district is 30 feet. The addition of a full second story, with the same 12.9-foot front yard setback as the existing structure, increases the nonconformity and requires approval of a Variation. It should be noted that the Variation is required whether the structure contains one or two units. The petitioner previously submitted similar Variation and Variation of Use requests for 540 Bluff Street, which were heard at the April 16, 2026 Zoning Board of Appeals meeting. The Zoning Board of Appeals denied the Variation request and recommended denial of the Variation of Use request. The Variation of Use request did not move forward for Council review because the proposed floor plans and elevations were not valid without the approval of the setback Variation for the second story. The petitioner made changes to the architectural plans by adding two dormers and applied again for a Variation and Variation of Use. The Zoning Board of Appeals approved the Variation to reduce the front yard setback at their meeting on August 20, 2026.
Staff does not find that the Variation of Use request meets the criteria for hardship or practical difficulties. However, staff does find that the proposed two-unit use would not be out of character with other uses in the area. The neighborhood has a mix of single- and multi-unit properties. The property in question can accommodate the required number of off-street parking spaces for two units.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on August 20, 2026. Abraham Garcia, petitioner, and Bob Gebel, architect, represented the petition. No one spoke in favor of or in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
recommendation
Debbie Radakovich moved that the Zoning Board of Appeals recommend denial of the Variation of Use to allow conversion of a single-unit residence into a two-unit residence, an R-3 (one- and two-family residential) use, in the R-2 (single-family residential) zoning district, located at 540 Bluff Street.
Jesse Stiff seconded the motion, which passed with four (4) aye votes and no nay votes. Voting aye were: Nachtrieb, Stiff, Ness, and Radakovich. Voting nay were: none. Absent were: Bias, McGrath Schmig, and Leon.
RECOMMENDATION:
recommendation
Staff concurs with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt the following:
1. Resolution Denying a Variation of Use to Allow Conversion of a Single-Unit Residence Into a Two-Unit Residence, an R-3 (One- and Two-Family Residential) Use, in the R-2 (Single-Family Residential) Zoning District, Located at 540 Bluff Street
Should the Council wish to approve the request and adopt an ordinance approving a Variation of Use to allow conversion of a single-unit residence into a two-unit residence, an R-3 (one- and two-family residential) use, in the R-2 (single-family residential) zoning district, located at 540 Bluff Street, staff recommends that the following conditions would be included:
1. That the property shall be enrolled in and comply with the City’s Rental Inspection Program;
2. That a building permit shall be applied for and approved prior to any construction commencing;
3. That the area between the street edge and the front property line shall be seeded or sodded with turf grass prior to issuance of a Certificate of Occupancy;
4. That the use of the property shall not be expanded in the future; and
5. Should the property be declared a public nuisance, the property may be subject to a rehearing and a possible revocation of the Variation of Use.
The favorable vote of at least two-thirds of the members of the Council would be required to pass an ordinance approving the Variation of Use due to the recommendation for denial by a majority of the members of the Zoning Board of Appeals.
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