Burr Ridge board approves variance for covered deck after owner-built overhang debate

The Village of Burr Ridge on Aug. 24 voted 4–2 to direct staff to prepare an ordinance approving a reduced rear-yard setback for a covered deck at 0720267310 Giddings Avenue.

Janine, a village planner, told the board the plan commission recommended approval by a 5–2 vote, noting the covered porch had been built without a permit but "it fit in with the area, did not appear to be a detriment to the area." Commissioner Erwin, who attended the plan‑commission meeting, said the majority found a hardship because options required by code — detaching the structure or cutting back the roof — would be more harmful to the neighborhood's appearance.

Stefan Koplarovic, who identified himself as the owner and the home builder, told trustees he altered the lot's grade with a retaining wall and then added a roof to the deck. "We raised this elevation of the surrounding deck with the retaining wall to lessen the slope on the property," he said, explaining that without the change a freestanding gazebo would be sited in the middle of the yard and reduce usable green space.

Several trustees pushed back, arguing the homeowner built without approval and that the situation represented a self-imposed hardship. One trustee said the owner could have constructed a conforming roof or detached the structure and "it's not a hardship for him to tear that roof off and build it to code." The board discussed possible penalties for after‑the‑fact work; staff said an administrative adjudicator could levy a citation and fine up to $750 or a penalty equal to 150% of the permit fee, depending on circumstances and state statute limits.

With no public objections at the meeting, the motion to direct staff to prepare the ordinance carried on the board floor. Trustees said they want clearer communication to builders and homeowners to avoid repeat violations and signaled interest in policy changes for situations when the builder is also the property owner.

The board instructed staff to draft the ordinance for future review and to consider whether citation or additional enforcement language should accompany the variation approval.