Elmhurst council approves new window-well limits, directs excavation standards review

The Elmhurst City Council on Feb. 3 unanimously approved a Development Planning and Zoning (DPZ) committee recommendation to add new rules for window wells and side-yard excavation standards to the city’s zoning ordinance and asked staff and the city attorney to prepare implementing language.

The move codifies DPZ recommendations that any window well or stoop located within a side-yard setback be at least 3 feet from the property line and that no more than two window wells be allowed per side. Council members also approved proposed building-code changes that would clarify construction requirements for window wells located in flood-inundation areas. The council directed the city attorney to draft ordinance language and asked staff to prepare a document detailing excavation standards and applicable Occupational Safety and Health Administration requirements for builders and homeowners. The measure passed on a 14-0 vote.

DPZ Chair Alderman Chris Johnson’s written report, signed by Johnson and committee vice chair Alderman Jennifer Verimi, recommended adding the rules into the forthcoming comprehensive zoning ordinance update and sending the draft to the Zoning and Planning Commission for a public hearing. Alderman Jensen presented the committee report to the full council and the council approved the recommendation for inclusion in the draft zoning ordinance.

Two residents who spoke during the public forum urged caution and clarity in any new rules. “Maintain drainage through the side yard, maintain access to the rear yard, and meet all of the codes,” said Jeff Bajal of 158 Oak Street, who argued the rules should remain simple and that engineering and existing county drainage rules will ensure proper drainage and egress. Bajal also said stricter local measures could inappropriately limit basement bedroom counts: “I just don't think it's necessary to go that deep into it.”

Tom Altergot, who said he has attended DPZ meetings since his property collapsed during a neighboring excavation, told the council builders can avoid encroaching on a five-foot side-yard setback by adjusting house dimensions. “You can make the house a little narrower and a little longer,” he said, adding that such design changes would yield similar square footage and tax revenue while reducing damage risk to neighbors.

Council members discussed that the proposed rules are intended to remove a long-standing gray area in the code and that a formal public hearing at the commission stage will allow additional public input before final adoption.

What the council approved is a recommendation to change the zoning ordinance and related city code; the actual ordinance language will be drafted by the city attorney and return for further review and formal action after the Zoning and Planning Commission public hearing.