Plan Commission - Zoning Board of Appeals  Minutes - Sept. 5th 2006

MINUTES OF THE REGULAR MEETING
OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS
FOR THE CITY OF COUNTRYSIDE, IL

HELD IN COUNCIL CHAMBERS ON TUESDAY, SEPTEMBER 5, 2006

Chairman Fullmer called the meeting to order at 7:30 p.m. Secretary Lube called the Roll; the following members were present: Chairman Richard Fullmer, Jr., Secretary Robert Lube, Mr. Edward Ziemba, Mr. Steven Jasinski, Mr. Daniel Moss, Ms. Cynthia Schulz, Ms. Tina Grotzke, Mr. Richard Toth, Mr. Frank Thullen

ALSO PRESENT: Mayor LeGant, Ald. Pondelicek, Ald. Conrad, Attorney Erik Peck,  Treasurer Stoffels, MBA Hudson,  CDP Swanson

APPROVAL OF MINUTES

The first order of business was approval of the revision of minutes of August 22, 2006..  Mr. Toth moved approve the minutes as presented, seconded by Mr. Lube and carried unanimously.

Chairman Fullmer stated the Rules of Proceeding for the hearing before the Plan Commission – Zoning Board of Appeals will follow a strict order of presentation. A sign-in sheet for interested persons is located at the podium.  This hearing is being recorded.

PUBLIC HEARING

Chairman Fullmer read the Notice of Public Hearing regarding the property commonly known as 5401 or 5403 S. LaGrange Road, Countryside, IL. The applicant is James Arce, 5301 S. Ashland, Countryside, Il 60525.  The applicant requests the following:

1. A variance from the requirements of Section 10-6A-5:A, by reference in Section 10-6B-4 of the City of Countryside Zoning Code to permit lot area coverage of 74% instead of the required maximum of 60%;

2. A variance from the requirements of Section 10-6A-4:A, by reference in Section 10-6B-4 of the City of Countryside Zoning Code to permit a front yard setback of 12 feet on LaGrange Road, instead of the required 25 feet;

3. A variance from the requirements of Section 10-6A-4:A, by reference in Section 10-6B-4 of the City of Countryside Zoning Code to  permit a front yard setback of one foot on Bobolink Avenue instead of the required 25 feet;

4. A variance from the requirements of Section 10-6A-4:E, by reference in Section 10-6B-4 of the City of Countryside Zoning Code to permit a rear yard setback of 1.5 feet instead of the required 20 feet;

5. A variance from the requirements of Section 10-6A-3:B, by reference in Section 10-6B-3 of the City of Countryside Zoning Code to permit a Special Use of an outdoor dining terrace on the north side of the proposed building; 

6. A variance from the requirements of Sections 8-5-6:B and 8-5-6:D of the City of Countryside Zoning Code to permit a lighted business sign approximately 50 feet from a residential district instead of the required 75 feet.

Mr. Toth moved to open the Public Hearing in this matter, seconded by Ms. Grotzke and carried unanimously.  Chairman Fullmer swore in the witnesses, Martin Francis and Steven Francis, architects with the Linden Firm. Mr. Hudson noted that the Community Development Department has received the required proof of notice. City Attorney Peck suggested that after the presentations and discussion, the Board should make a recommendation on the five variances and a separate recommendation for the Special Use.

Architect Steve Francis described the site plan which shows a 5,600 square foot  building with parking on the east side separated by a public alley. The loading area is adjacent to the building, accessible off the alley with one parking stall.  The parking lot accommodates 28 parking spaces. There is an eight-foot solid fence along with landscaping on the south line which separates the property from residential. There is a four-foot high open fence on the east side with some landscape buffer. The main entrance adjacent to LaGrange Road will be landscaped.  The view of the building shows a pitched roof with masonry features on the outside and a short monument sign at the front entrance. The main entrance is on the side with the possibility of outdoor dining. There will be a flat roof over the kitchen area to accommodate mechanical equipment – HVAC will be screened from public view. The building design lends itself to  the residential nature of the neighborhood.

Architect Martin Francis described other features of the plan – they are providing for decorative light fixtures; photometrics drop down to zero before the lot line; there will be no spillover to adjacent properties. He stated that the four-foot open fence will provide a deterrent to pedestrians walking across the lot – an added safety feature. A sidewalk is provided for wheelchair access.  This is a very unusual site because it is divided by a public alley.  That is the reason for variance #1 since this is considered as a separate site. If both sites are considered as one, building coverage would only be 25% of the property.

The applicant is seeking a front yard setback of 12 feet; all properties to the north and south of the subject property are set back 12 feet from the property line. Other properties have parking in front of their facility; the subject property will have a landscape buffer; they will provide ample parking in the lot at the rear.

The required side yard setback on Bobolink is 25 feet; their building is set back one foot which is identical to the properties across the street.  The rear yard setback is normally 20 feet; all buildings to the south of the subject property are up to the rear alley line; they will be 1.5 feet from the line. The Code allows going up to a maximum of 15 feet for the flat roof projection to carry mechanical equipment such as fans to handle kitchen exhaust.

Regarding the lighted sign, basically there are two internally illuminated signs on either side of the door above the window area; the nearest residential area is 80 feet distant.  The closest area it reaches is the applicant’s own parking lot which is zoned residential.

The outdoor dining area would be along the public way on the north side of the building. They are seeking doors that allow entrance into the service area. Mr. Martin stated that this will primarily be a restaurant with a bar inside, similar to an Applebee’s, screened from view with family dining on one side and the bar on the other side.  Mr. & Mrs. Arce will own/operate the facility. Anticipated hours of operation for the restaurant – probably till 10 p.m. with bar hours until 2 a.m. – approximately 15 bar stools.

Chairman Fullmer discussed the lack of sketches or plans for the outdoor dining and bar areas. Mr. Martin estimated perhaps six tables for outdoor dining. Mr. Lube suggested moving the outdoor seating to the front. Mr. Martin argued that the area on LaGrange Road is too small; there is less traffic on Bobolink. Mr. Lube stated that the open four-foot fence on the east side will not block street lights from shining into neighbors; homes. He suggested the need for a closed fence going to the corners with additional shrubbery and landscaping. Mr. Lube objects to the lighted sign facing residential buildings on the north. Mr. Martin stated that the sign is probably 120 feet from the nearest residential building. The roof variance is contingent on normal size equipment allowing for 15 feet height. Mr. Martin stated that the “screened” wall is actually part of the exterior wall of the building, three feet high, which runs above the roof to screen the mechanical equipment. They anticipate having a basement primarily for mechanical equipment, refrigeration and storage. It will not be turned into a banquet room. Discussion turned to the City liquor ordinance allowing drinks in an enclosed area only. Mr. Hudson will research the question.

There were no additional questions from the Board. Ms. Alice Smith, 5401 7^th Ave. prefers seating on the side rather than on the back of the facility. Mr. Martin made a Closing Statement noting that the proposed facility will be an upscale restaurant which will become a tasteful addition to the community. This is an unusual lot divided by a public alley; adequate off-street parking is provided; they seek Board approval. Mr. Arce operates a downtown restaurant and bar.

Mr. Hudson stated that his comments are listed in the hearing commentary provided to the Board. He also discussed the rear yard set back variance including the HVAC roof equipment.  Mr. Moss suggested an exterior spot light for the signs on Bobolink. Mr. Jasinski would like no lighted bar signs in the windows be included in the ordinance. Mr. Lube suggested continuing “residential parking only” signs on 6^th Ave. Chairman Fullmer suggested that ”parking for restaurant only” signs be included in the variance, Ms. Grotzke moved to close the evidentiary portion of the hearing, seconded by Mr. Ziemba and carried unanimously.

Mr. Moss moved to allow the variance to permit lot area coverage of 74% instead of the required maximum of 60%, seconded by Mr. Lube and carried unanimously.

Mr. Jasinski moved to allow the variance to permit a front yard setback of 12 feet on LaGrange Road instead of the required 25 feet, to permit the building to conform to adjacent buildings, seconded by Mr. Moss and carried unanimously.

Ms. Schulz moved to allow the variance to permit a front yard setback of one foot on Bobolink Ave. instead of the required 25 feet, seconded by Ms. Grotzke and carried unanimously.

Ms. Grotzke moved to allow the variance to permit a rear yard setback of 1.5 feet instead of the required 20 feet, to permit the building to conform to adjacent buildings on the back side, seconded by Mr. Toth and carried unanimously. (This variance is strictly for the equipment on the roof which may go higher than 15 feet, but no higher than 17 feet, maximum structure height above grade).

Mr. Jasinski moved to deny the Special Use for an outdoor dining terrace on the north side of the building or within the lot facilities, seconded by Mr. Lube and carried by a vote of 8/1 – Mr. Moss opposed the motion.  Mr. Peck stated that recommendations include additional shrubbery be added to the four-foot fenced area, no neon lights in windows and no events held in the parking lot without approval by the City Council

Mr. Lube moved to deny the request for an illuminated business sign on Bobolink Ave. 50 feet from a residential district instead of the required 75 feet, seconded by Mr. Fullmer and carried by a 5/4 vote.

AYE:               Thullen, Ziemba, Lube, Fullmer, Schulz

NAY:               Jasinski, Toth, Moss, Grotzke

Attorney Peck stated that the Landscape Plan prepared by the Linden Group dated 3-30-2006 is entered into evidence as Petitioner’s Exhibit A and all variances noted above should be in substantial compliance with Petitioner’s Exhibit A. In addition, recommendations sent to the city Council are the addition of shrubs on the east side of the parking lot to provide additional protection against car headlights; no neon lights should be added to restaurant windows; no event held in the parking lot without Council permission. This matter will come before the City Council at the September 27, 2006 Regular Meeting. Chairman Fullmer strongly urged planners to return with specific schematic information regarding the bar area and  dining area. Mr. Martin agreed.

ADJOURNMENT

There being no further business to discuss, Mr. Jasinski moved, seconded by Mr. Moss,  to adjourn the meeting. Motion  carried by unanimous voice vote.

Chairman Fullmer declared the meeting adjourned at 9:05 p.m.

RICHARD FULLMER, JR.,  CHAIRMAN

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