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Board of Adjustment approves side-yard variance for Emerson Road storage shed
Summary
The Franklin Park Board of Adjustment granted William and Sherry Schneider a variance to build a 12-by-24 storage structure at 48 Emerson Road, allowing an 8-foot side setback where 15 feet is normally required; the board conditioned the approval on obtaining required zoning and construction permits.
The Franklin Park Board of Adjustment voted to grant William and Sherry Schneider a variance to construct a 12-foot by 24-foot prefabricated storage shed at 48 Emerson Road, allowing an 8-foot side-yard setback where the ordinance requires 15 feet.
The decision, made at a public hearing before the board, responds to the Schneiders’ stated need to store a family heirloom vehicle and typical household items. The board approved the variance by roll call; members voting in favor included Cheryl Bethea, Richard Prokhanick, Bassim Firdas, Alan Rich, Gary Rosenthal, Robert Shepherd and Chairman Thomas.
The board heard from Mark Healy, a municipal staff member, who summarized the application and noted the Technical Review Committee’s exhibits, which included aerial photos, a site survey and a Google Street View image showing the proposed location. The Schneiders testified that the primary use for the shed would be storage for a 1964 Ford Galaxy 500 that was inherited by the family. William Schneider told the board, “My wife's dad had passed away in September, and he had left her a classic car, 1964 Galaxy 500,” and that the shed would also hold “usual residential items.”
Board members asked about alternate locations and building-code constraints. The applicants said the backyard slopes steeply and that the proposed placement allows access from the driveway; they also said they have a smaller existing shed for lawn tools. Healy advised that the application met the zoning criteria for a c(1) hardship variance because of the house location and lot shape, but flagging a potential building-code issue, Healy said, “I honestly can't answer that because I don't know the building code. All I can say is ... they would need both the zoning permit and the construction permit.” The board conditioned approval on the applicants obtaining any necessary zoning and construction permits; if either office denies a permit, the Schneiders would need to return to the board.
The board’s motion granted the side-yard setback variance for the storage structure and included the condition referenced above. Tally: 7 yes, 0 no, 0 abstain. Legal thresholds for granting the variance were noted as met. The board closed the item after congratulating the applicants.
The applicants and staff were reminded that compliance with building-code requirements (for example, fire separation) is outside the zoning decision and may prevent the construction if a later permit is denied.
