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Vermilion board approves homeowner Leon Joseph Judgler’s setback variances, denies waiver of fire-rated construction
Summary
The Board of Zoning Appeals on May 27 approved side- and rear-yard variances for homeowner Leon Joseph Judgler’s proposed garage but rejected a request to waive code-required fire-rated construction near property lines.
The Vermilion Board of Zoning Appeals approved setback variances May 27 that clear the way for homeowner Leon Joseph Judgler to build a detached garage behind his house, and the board declined a separate request to waive a fire-rated construction requirement.
Judgler told the board his lot has an unusual shape that narrows toward the rear, and said he hired a local builder to construct a garage to accommodate a camper and other vehicles. He said he spoke with nearby neighbors and that they had no objections to the project.
At the hearing the chair read the specific variance requests: the side-yard requirement of 8 feet with a proposed side-yard of 30 inches (variance requested: 5 feet 6 inches), and the rear-yard requirement of 10 feet with a proposed 5 feet (variance requested: 5 feet). Board members asked for clarifications about the elevation drawings and the orientation of the garage overhang; the applicant and a contractor on the record answered those questions.
The board voted to approve the side- and rear-yard variances. Separately, a motion to waive the codes fire-rated construction requirement for structures five feet or less from a property line was made and seconded; a majority voted against that motion and it failed. The board therefore left in place the requirement that the garage meet the jurisdictions fire-rated construction standards where applicable.
The chair indicated staff would process the permit after the boards action. The applicant confirmed he would proceed with plans that preserve the current footprint while adding the new garage structure.
The board record shows the variances were approved and the fire-rated waiver was denied; no formal appeal was recorded during the meeting.
What happens next: the applicant may obtain permits from the department now that the board has granted the variances; any appeal rights or additional conditions will follow the municipal code and standard permitting procedures.
