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Commission grants 12-foot side-yard variance for Rivals Road addition after neighbor complaints about dirt and property-line impacts
Summary
Will County commissioners approved a variance allowing a home addition to maintain a 12-foot side-yard setback instead of the current 20-foot A-2 requirement after neighbor objections about excavation and dirt piled against a fence. The motion passed 4–2 after testimony from the applicant and the neighbor’s attorney.
The commission reviewed ZC-26047 for a 6.1-acre A-2 parcel on Rivals Road. Staff told commissioners the home was built around 1970 and now sits 12 feet from the northern property line; staff recommended approval of a variance allowing a proposed addition to match that 12-foot setback because the nonconformity predated current zoning. Staff said building permits would not be issued until Will County zoning, building and engineering approvals were obtained and that if a future building permit proposed a closer encroachment, the applicant would have to return for a new variance.
Applicant David Heinemann told the panel the family needs an extra bedroom and a home office for his wife, who works from home; he said septic relocation and soil testing had been completed under permit. "It wasn't like we did this under the table or anything. It was all permits were all pulled for it. Soil samples were tested," Heinemann said.
Attorney Warren Prescott, representing a neighboring property owner, said excavation for the septic field had resulted in several feet of dirt piled against his client's fence for more than 100 feet, blocking a gate and creating safety and trespass concerns. Prescott also argued the hardship was self-created because the property and setback predated the applicant's purchase. Neighbor Jamar Lesc described approximately three to four feet of dirt piled against the fence along about 110 feet and said attachments had been added to prevent dogs from jumping into his yard.
Commissioners questioned whether the approved variance would allow the addition to be built to the existing 12-foot line and staff confirmed that approval would permit construction up to the 12-foot setback but no closer without a new variance. After discussion, the motion to approve the side-yard setback variance (12 feet in lieu of 20 feet) passed on a roll-call vote, 4–2. Commissioners instructed staff to follow up on the complaints about excavation and to verify permit compliance before issuing building permits.
