Burr Ridge Wheelchair User's Request Denied

BURR RIDGE, IL – Burr Ridge's zoning panel last week rejected a Burr Ridge woman's request for permission to build a detached garage in her side yard.

She said she needed the garage because she suffers from multiple sclerosis and uses a wheelchair.

At a Plan Commission meeting, resident Judith Rohan noted the federal Fair Housing Act prohibits discrimination in zoning laws. She said local officials must reasonably accommodate those who must use wheelchairs.

She said her request was reasonable and asked that it be accommodated, according to meeting minutes.

The village has received no official objections, but a zoning official said she spoke with a neighbor who expressed concern.

Rohan and her husband, Michael Rohan, live at the northeast corner of Glenn Drive and 94th Street. The proposed garage would be 10 feet away from the 94th Street easement, according to the village.

The Rohans have an attached garage, but they said they needed the second one. Among the reasons is a slope of 5 feet that they said makes it difficult for a wheelchair user.

Plan Commission member Richard Morton, who uses a wheelchair himself, said he opposed violating the integrity of the zoning code and permitting a garage outside the buildable area.

He said he understood the property has grading issues, but they can be overcome. He said he did not see a hardship that is required as a basis for an exception to zoning regulations.

One of the commission members, Mike Stratis, said he could not approve the request without a hardship, noting the Rohans bought the property with a steep slope.

Judith Rohan said she did not suffer from multiple sclerosis when they bought the house.

Members generally said they saw options for the Rohans without an exception to zoning rules.

Commission Chairman Greg Trzupek requested the village attorney's opinion on the hardship issue. He said that opinion could be directed to the Village Board, which has the final say.

The commission voted unanimously to reject the couple's request.

Patch left an emailed message for comment with the Rohans.

Here are the standards for exceptions under the Burr Ridge zoning ordinance:

The Zoning Board of Appeals shall not recommend variations from the regulations of this Ordinance unless it shall make findings based upon the evidence presented to it in each specific case that:

1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
2. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the zoning district in which it is located.
3. The conditions upon which an application for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification.
4. The purpose of the variation is not based primarily upon a desire to increase financial gain.
5. The alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the property.
6. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
7. The granting of the variation will not alter the essential character of the neighborhood or locality.
8. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
9. The proposed variation is consistent with the official Comprehensive Plan of the Village of Burr Ridge and other development codes of the Village. The Zoning Board of Appeals may recommend and the Village Board of Trustees may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this section and the objectives of this Ordinance.