Planning commission approves reduced side-yard setback and backs recommendation on brick waiver for Holly Court home

The Orland Park Planning Commission on April 15 approved a variance to reduce the minimum side-yard setback for a single-family home at 14725 Holly Court and voted to recommend that the Village Board grant a second variance that would waive facade brick requirements so the homeowners can rebuild the house as it existed before a 2024 fire.

The petitioners, Marie and Tony (last name on the record), seek two variances: (1) reduce the R3A district side-yard minimum from 8 feet to 6.7 feet to allow reuse of the existing foundation, and (2) eliminate the Land Development Code requirement that face brick or stone cover at least 50% of exterior walls and 90% of each first-floor elevation. Development Services staff recommended approving the setback variance but recommended denying the brick/design variance because financial reasons alone generally cannot support a design variance under the code.

The house was built in 1968 and was considered legal nonconforming before it was substantially damaged in a February 2024 fire and later demolished. Staff told the commission the foundation was later inspected and an engineer found it suitable to reuse; because the earlier structure was demolished and the damage exceeded 50% of assessed value, current code requires rebuilt structures to meet current standards unless a variance is granted. Using the existing foundation as planned creates a setback deficiency of about 1.3 feet on the south property line (the lot width on the survey is approximately 62 feet), so a variance was needed to rebuild in the same footprint.

Attorney Heather Glackler of Castle Law, representing the petitioners, told the commission the owners and many neighbors support restoring the house to its prior appearance. She said rebuilding to meet the brick requirement would add an estimated $37,000 in materials and labor and argued the financial burden amounts to a practical difficulty given the home’s prior grandfathered status.

Carmen Gorman of the Development Services Department presented the staff report, outlining the code standards, the demolition and permit history (a demolition permit application was filed July 2024 and a permit issued in August 2024), and the two variance requests. Gorman summarized staff’s findings: approval of the setback variance is consistent with the neighborhood pattern and is within the commission’s authority; denial of the design/brick variance was recommended because the code generally does not accept purely financial hardship as the basis for design standard relief.

Commissioners who spoke cited neighborhood context and hardship concerns. Commissioner Zapparelli and Commissioner Nugent said they favored approving the setback variance and expressed sympathy for the owners; Nugent argued the neighborhood historically contains many houses that do not meet the current brick requirement and that restoring the house to match neighbors was reasonable. Commissioner Zatar and Commissioner Paul said they favored granting both variances, noting the owners’ long residency and neighbors’ letters of support. After discussion the commission voted to approve the setback variance outright and to recommend approval of the design/brick variance to the Village Board; the vote was recorded as affirmative by the commissioners present.

The Planning Commission’s approval of the setback variance is final for that item (the code authorizes the commission to grant setbacks up to 25% less than the requirement). The design/brick variance will be forwarded as a recommendation to the Village Board for final action. Commission comments noted that if the Village Board declines the brick/design variance, the owners could be required to alter the proposed exterior to meet the Land Development Code.

Neighbors submitted eight letters in support; two letter writers spoke at the meeting. Commissioners also discussed precedent concerns but concluded the narrow lot pattern in this neighborhood and the fact the house is being rebuilt on an existing foundation weighed in favor of relief.

The commission closed the public hearing and approved the motions at the meeting. The Village Board is expected to consider the recommended design variance at its next public meeting.