MINUTES OF THE SPECIAL MEETING OF THE
PLAN COMMISSION AND ZONING BOARD OF APPEALS
OF THE CITY OF COUNTRYSIDE
HELD IN COUNCIL CHAMBERS ON TUESDAY, APRIL 13, 2004

Chairman Fullmer called the meeting to order at 7:00 p.m. Secretary Lube called the Roll; the following members were

PRESENT: Chairman Richard Fullmer, Jr., Mr. Fred Fahey, Mr. Edward Ziemba, Mr. Daniel Moss, Mr. Steven Jasinski, Ms. Cynthia Schulz, Mr. Robert Lube

ALSO PRESENT:Mayor LeGant, City Attorney Erik Peck, CDO Muenzer, Ald. Conrad, Ald. Michalczyk, Ald. Fajdich, Ald. Krzeminski, Ald. Smetana, Bldg. Comm. Krautstrunk

CONTINUED HEARING TO REVIEW CURRENT RESIDENTIAL ZONING CLASSIFICATIONS TO CREATE A NEW RURAL RESIDENTIAL ZONING CLASSIFICATION TO ACCOMMODATE RECENTLY ANNEXED RESIDENTIAL LOTS IN WARD TWO

Chairman Fullmer stated that the audience should have copies of the revised R-7 Draft Zoning Ordinance. Items that are highlighted and underlined are the proposed revisions. Chairman Fullmer read the first paragraph aloud – Purpose; and the second paragraph Permitted Uses – single-family residences (with the underlined portion) stating including in-law accommodations. Attorney Peck stated that it qualifies as a pre-existing nonconforming use under the current code which permitted it until they cease using it. If they stop using it, they cannot go back and start it up again. If the property is sold, that use cannot be passed on to the subsequent owner.

Some residents do have separate buildings going back to the 1940s that have been used for family but they also provide some rental income; they would like to see that retained and carried over to subsequent owners. They are requesting that the code be rewritten to include that provision. Mr. Krautstrunk stated that if two kitchens are included it is considered a duplex and duplexes are not allowed. It was suggested to offer a voluntary amnesty period for these pre-existing nonconforming uses subject to inspection by the City and exemption granted for the three parcels. Mr. Muenzer stated that defeats the purpose of having a zoning code and would be difficult to enforce.

Chairman Fullmer stated that the Board is trying to preserve the rural atmosphere of the area, not penalize residents for what they have. Rules should be applicable to all residents. Other residents asked about granting exemptions in perpetuity for certain structures presently standing with their present use included. Residents would like to keep what they have at present and make it transferable with the property. Chairman Fullmer stated that is mixing and matching single family and multiple family residences. Ms. Schulz stated that is not permitted in any governing body anywhere. It should revert back to the original single-family residence upon sale.

Dan Dolhide, 7416 Willow Springs Road disagreed; the rural area has been that way for 60 years; why can’t it be preserved that way. Grandfather it in and leave it alone. Ald. Krzeminski stated that they are conforming with unincorporated Cook County rules concerning these structures.Ray Zollner, 10222 5^th Ave. Cutoff stated that many such properties exist in LaGrange that have turned over ownership and still remain the same after title transfer. Many residents discussed their particular situations and invited Board members to visit their cottages before imposing regulations on them.

Mr. Peck stated that this Ordinancewill pertain to the entire City of Countryside not just this particular area. Prior to last year owners would be given two years to come into compliance with the Code. The Code was changed to remain a non-conforming permitted use as long as the present owner occupies that property. Property owners contend this will present an economic hardship to the present owners when they sell their property. They are here to negotiate the rules. Residents stated that they do not want to be penalized for coming into Countryside. Mr. Krautstrunk stated that there are some lots in Countryside with two homes on them. The City does not want mixed zoning whether their property is one-half acre or three acres; they are classified R-7. What constitutes a residential buildable lot? Residents are seeking to change the terminology of the ordinance. The City does not want two homes, especially rental homes, on one buildable lot. Residents argued that going forward from this point, January 2004,those provisions are not allowable, but prior to that time they should be grandfathered. Ald. Krzeminski stated that we need to research this issue further and see what other communities are doing. Let’s move onto other issues tonight. Mr. Peck stated that what is before the Board tonight is in-law accommodations; rental properties were never permitted period. As the Code stands, those homes cannot be rented out. Motion madeand seconded to table this matterto the next meeting; motion carried by Roll Call vote – 6/1.

Chairman Fullmer continued with Special Uses. Ray Schumacker asked about special uses; Mr. Peck stated that they continue with the transfer of property. Discussion turned to Bed and Breakfasts and the possibility of putting in-law accommodations under special uses instead of permitted uses. Ald. Krzeminski suggested that Bed and Breakfasts should be tabled for further investigation along with in-law accommodations. Discussion turned to the lots fronting Willow Springs Road and 75^th St. and whether they will be zoned commercial or industrial. Mr. Peck noted that this topic will be included in the Master Plan. Most residents are against the area going commercial; they wish it to be left residential.

Chairman Fullmer read the Lot Area Requirements – Mr. Krautstrunk will research requirements for a septic field, per Chairman Fullmer.Yard Areas shall have a front yard of not less than 30 feet; side yard no less than 15 feet; rear yard not less than 50 feet. Chairman Fullmer read the underlined Corner Lotrequirements followed by Structural Requirements, and Accessory Buildings, including a Maximum FARof 1,200 square feet.Regulating Surfaces for Off-Street Parking include crushed stone, flagstone, brick, asphalt and concrete.

The next meeting will be held on May 11, 2004 at 7:00 p.m.at which time thediscussion will includein-law accommodations and the two cottages, the septic field and what type of non-commercial livestock will be allowed.

ADJOURNMENT

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

Chairman Fullmer declared the meeting adjourned at 9:30 p.m.

RICHARD FULLMER, JR., CHAIRMAN