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Fairview Park BZA denies homeowner's request to waive garage requirement at 4268 W. 210 St.
Summary
The Fairview Park Board of Zoning & Building Appeals denied a variance that would have allowed the owner of 4268 W. 210 St. to avoid rebuilding an enclosed garage required under city code 1117.21(c); the board said the request was premature because the garage had not yet been demolished and warned of court referral if no plans are filed by July 1, 2026.
The Fairview Park Board of Zoning & Building Appeals on June 9 denied a variance that would have allowed the owner of 4268 W. 210 St. to avoid erecting an enclosed garage as required by Fairview Park zoning code 1117.21(c). The motion to deny was made by Mr. Studeny and seconded by Mr. Jackson; the roll call vote was 4-0 in favor of denial.
Applicant Janis Kumhall, who identified herself as the homeowner, told the board she has lived in the house for 40 years and does not own a vehicle. "Please consider that I have been at this house for 40 years and did the best that I could," Kumhall said, adding she had attempted to obtain grants and that demolishing the garage would cost about $25,000. She also said she received $1,000 from insurance after a tree branch damaged the roof and that she had performed landscaping and step repairs herself.
Building Commissioner Walter Maynard told the board the garage structure is "not repairable anymore" and has been under citation for two years. Maynard said staff had tried to assist the owner with heritage home loans and HELP loans but the applicant's finances precluded those options. He told the board a basic building approval for new construction is valid for one year and that the applicant has contracted with Godfather Garages for demolition work.
Neighbor David Hille, who said he has been a backyard neighbor for 25 years, described a large hole in the structure and urged the board to require remediation if a variance were granted so surrounding property values would not be harmed. "There is a big hole there now and it is an eyesore and dangerous," Hille said.
Legal counsel John Castele advised the board it might be premature to grant a variance while demolition remained outstanding and emphasized the city must ensure any demolition complies with code. The board adopted the position that because the garage had not yet been removed the variance request was not ripe; after the motion to deny passed, the docket was recorded as denied.
The board's action leaves the property subject to existing code requirements; staff also indicated that if no plans or progress were in place by July 1, 2026, the city would pursue court options. The board did not grant a temporary waiver or alternative compliance at the meeting.
