'Pushback' A Surprise For Burr Ridge Couple

BURR RIDGE, IL – A Burr Ridge husband and wife say they expected the village to approve their request for a second garage because she needed it for accessibility.

Last month, however, the Plan Commission unanimously rejected Judy and Michael Rohan's proposal. Now, the issue is set to go before the Village Board.

Judy Rohan, a wheelchair user, needs the second garage because of the layout of their property, which contains a 5-foot slope, the couple said in their request. She suffers from multiple sclerosis.

"We expected no pushback at all," she said in an interview late last week. "Zoning laws can appear completely neutral. When those zoning laws are applied to someone with a disability, then the laws are going to be discriminatory."

The Rohans, who live at the northeast corner of Glenn Drive and 94th Street, referred to the language in the village's zoning regulations in making their case. Under the rules, the village can make an exception if a hardship results from carrying out the strict letter of the law.

The Rohans have lived in their house for five years. She started using a wheelchair about two years ago.

The logical spot for the garage, they said, would be just behind the house. But Michael Rohan built a deck in that area a few years ago. The existing 5-foot slope on the property, they said, is a barrier for her.

"That makes that inaccessible for my wife," he said. "(Plan Commission members) didn't seem to think that was a problem. We just felt that the ruling at the zoning board was unfair. It did not give her the access that she needs."

Plan Commission members said the proposed detached garage did not meet setback rules. It would be 10 feet away from the 94th Street easement, according to the village.

No neighbors formally opposed the Rohans' request.

At the meeting, 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.

Commission members agreed the Village Board should get the village attorney's position on the hardship issue.

The Village Board could consider the Rohans' request as early as its meeting Monday.