PLAN COMMISSION – ZONING BOARD OF APPEALS
CITY OF COUNTRYSIDE
Tuesday, August 2, 2011 – 7:30 P.M.
ROLL CALL MEMBERS: MR. RICHARD FULLMER, JR. (CHAIRMAN), MS. TINA GROTZKE, MR. ROBERT LUBE, MR. DANIEL MOSS, MR. RICHARD TOTH, MR. CHARLES STOUB, MR. CRECENCIO GONZALEZ, MR. MARK BENSON
APPROVAL OF MINUTES:
June 14, 2011 (Special Meeting)
July 5, 2011
1. PUBLIC HEARING 1: Since the item is building related, publication is not required.
CONSIDERATION OF A BUILDING RELATED VARIANCE TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (BUILDING REGULATIONS) AS FOLLOWS:
- TO CONSIDER A FENCE VARIANCE TO TITLE 8 BUILDING REGULATIONS, SECTION 8-3-1: FENCES, SHRUBS, HEDGES AND DECORATIVE STRUCTURES: TO CONSIDER PERMITTING A FENCE WHICH PROVIDES APPROXIMATELY 30% PERMEABILITY INSTEAD OF THE REQUIRED 50% STANDARD SET FORTH IN SECTION 8-3-1 E-1 A.
THE APPLICANT IS THE PROPERTY OWNER, MR. AND MRS. STEVE AND LILIA DZIAK, AT THE REAL ESTATE COMMONLY KNOWN AS 6003 KENSINGTON AVENUE, COUNTRYSIDE, IL 60525.
2. PUBLIC HEARING 2: CONTINUED FROM THE JULY 5, 2011 PC-ZBA MEETING: Public hearing notice for the 30 Countryside Plaza application was published on May 26, 2011 in The Doings Newspaper.
AMENDMENT TO ORDINANCE 76-11-0 (COUNTRYSIDE PLAZA PLANNED UNIT DEVELOPMENT) IN ORDER TO ALLOW OUTSIDE SALES AS FOLLOWS:
- AMENDMENT TO ORDINANCE 76-11-O (COUNTRYSIDE PLAZA PLANNED UNIT DEVELOPMENT) IN ORDER TO ALLOW OUTSIDE SALES FOR THE FIVE BELOW, INCORPORATED BUSINESS AT 30 COUNTRYSIDE PLAZA;
THE APPLICANT IS FIVE BELOW, INCORPORATED, WHOSE ADDRESS IS 1616 WALNUT STREET, PHILADELPHIA, PA, 19105, THE PROPERTY OWNER IS THE SIMON PROPERTY GROUP, WHOSE ADDRESS IS 225 WEST WASHINGTON, INDIANAPOLIS, INDIANA 46204.
3. PUBLIC HEARING 3: CONTINUED FROM THE JULY 5, 2011 PC-ZBA MEETING: Public hearing notice for the text amendment was published on May 12, 2011 in The Doings Newspaper.
TEXT AMENDMENTS TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (ZONING ORDINANCE) AS FOLLOWS:
- REVIEWING THE FLOOR AREA RATIO CALCULATION FOR SECTION 10-5C-6: STRUCTURE REQUIREMENTS IN THE R-3 ONE-FAMILY RESIDENCE DISTRICT.
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, AUGUST 2, 2011
Chairman Fullmer called the meeting to order at 7:30 p.m. Secretary Lube called the Roll of Members physically present:
PRESENT: Chairman Richard Fullmer, Jr., Secretary Robert Lube, Mr. Charles Stoub, Ms. Tina Grotzke, Mr. Crecencio Gonzalez IV.
ABSENT: Mr. Daniel Moss, Mr. Mark Benson, Mr. Richard Toth
ALSO PRESENT: Mayor Krzeminski, Atty. Erik Peck, CDP Swanson,Ald. Pondelicek, Ald. Jasinski.
APPROVAL OF MINUTES
The first order of business was approval of the minutes of the June 14, 2011 and July 5, 2011 meetings. Mr. Gonzalez moved to approve the minutes as presented, seconded by Ms. Grotzke 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. Please silence all cell phones and pagers.
PUBLIC HEARING RE: 6003 KENSINGTON AVENUE
Chairman Fullmer stated that since the item is building related, publication is not required. He stated that applicant seeks consideration of a building-related variance to portions of the City of Countryside, Il Municipal Code (Building Regulations) as follows:
To consider a fence variance to Title 8 Building Regulations, Section 8-3-1: Fences, shrubs, hedges and decorative structures: to consider permitting a fence which provides approximately 30% permeability instead of the required 50% standard set forth in Section 8-3-1 E-1 A.
The applicant is the property owner, Mr. & Mrs. Steve and Lilia Dziak, at the real estate commonly known as 6003 Kensington Avenue, Countryside, IL 60525.
Mr. Stoub moved to open the Public Hearing in this matter, seconded by Mr. Lube and carried unanimously. Mr. Dziak was sworn in by Chairman Fullmer. CDP Mr. Swanson presented the Staff Report. He stated that the current zoning classification on the property is R-1 single family; the estimated acreage is .46. The applicant has requested a building variance to permit a fence which provides approximately 30% permeability instead of the required 50% permeability. The property is located in a residential neighborhood; the east side of the property (rear yard) faces Countryside Plaza. The aerial photo shows the location of the property at 6003 Kensington Avenue.
Mr. Dziak submitted a fence permit on August 16, 2010 for a three-foot fence with open permeability of 80%. At final inspection it was noted that the fence was not built according to the submitted plan, but was built with only 30% permeability. Mr. Dziak constructed the fence himself and it appears to be an honest mistake on his part.
Since that time the City adopted an ordinance to allow fences four feet or under to have 50% open permeability. The applicant is requesting a building-related variance to allow a fence which meets the 30% requirement rather than the existing 50% standard. The Plat of Survey indicating the extent of the fence. Neighbors have existing fences on adjacent property that is six feet high, depicted in photos presented. Mr. Dziak’s fence will only be fenced on the east side. It is a small wooden fence, only three feet high to keep in family pets. Mr. Dziak stated that he built the fence himself and explained why the pickets and the spaces are uneven, especially in the gate area. Ms. Grotzke visited the site and actually measured the pickets and the spaces. Mr. Lube stated that the fence is done in good taste; he suggested removing the center picket of the gate and reshuffling the other pickets accordingly. Chairman Fullmer stated that the bulk of the fence meets the Code requirements of 50%; the object is to prevent others from doing the same thing.
There were no questions or comments from interested parties. Mr. Dziak stated that he will correct the gate and rearrange the pickets. Mr. Stoub moved to close the evidentiary portion of the hearing, seconded by Mr. Lube and carried unanimously.
Mr. Lube moved to accept the fence with 30% permeability, seconded by Mr. Stoub. Mr. Peck stated that the recommendation is to approve a variance to Section 8-3-1 to permit an already existing fence with 30% permeability instead of the required 50% permeability at the property commonly known as 6003 Kensington; motion carried by Roll Call vote – 5/0/3. Chairman Fullmer stated that this matter will go before the City Council at its Regular Meeting on August 24, 2011 at 7:30 p.m.
PUBLIC HEARING RE: FIVE BELOW – 30 COUNTRYSIDE PLAZA
Chairman Fullmer read the Notice of Public Hearing continued from July 5, 2011, published on May 26, 2011 in The Doings Newspaper.
Amendment to Ordinance 76-11-O (Countryside Plaza Planned Unit Development) in order to allow outside sales as follows:
Amendment to Ordinance 76-11-O (Countryside Plaza PUD) in order to allow outside sales for the Five Below, Incorporated business at 30 Countryside Plaza;
The applicant is Five Below, Incorporated, 1616 Walnut Street, Philadelphia, PA 19105. The property owner is the Simon Property Group, 225 West Washington, Indianapolis, Indiana 46204.
Mr. Gonzalez moved to open the Public Hearing in this matter, seconded by Mr. Lube and carried unanimously. Chairman Fullmer noted that no one is present on behalf of Five Below. Mr. Lube stated that he did review the premises. He noted that Home Depot has been allowed to have outside sales; all those areas under canopy. Are sprinkled. The garden center is also sprinkled. This is the second time they have not appeared. CDP Mr. Swanson called them last week and corporate reported that someone from the local store would be here tonight; however, no one has appeared.
Ms. Grotzke also reviewed the Plaza stores and noted that the Dollar Store had baskets outside on the walkway. Many other businesses do not request permits but do put merchandise out on occasion without permission.
Chairman Fullmer stated for the record that Five Below was not present this evening for the second time even though they were contacted by Mr. Swanson. They did not respond. Chairman Fullmer moved to close the evidentiary portion of the hearing, seconded by Mr. Stoub and carried unanimously.
Chairman Fullmer moved to deny amending Ordinance 76-11-O in order to permit outside sales on the property commonly known as 30 Countryside Plaza, seconded by Ms. Grotzke and carried by Roll Call vote – 5/0/3. Chairman Fullmer asked Mr. Swanson to contact Five Below and advise them that this matter will come before the City Council on August 23, 2011.
PUBLIC HEARING RE: SECTION 10-5C-6 TEXT AMENDMENT
Chairman Fullmer read the Notice of Public Hearing continued from July 5, 2011 for the text amendment published on May 12, 2011 in The Doings Newspaper.
Text amendments to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows:
Reviewing the floor area ratio calculation for Section 10-5c-6: Structure requirements in the R-3 One-family residence district.
Mr. Swanson stated that Staff was directed to research the size of various properties within the R-3 one-family district. Accessory buildings are calculated into the maximum floor area ratio. The FAR is the usable space in a home. Property sizes range from 134’to 300′ deep and from 46′ to 75′ wide. The specific aspect of the Code provides an enormous restriction on smaller properties desiring to add floor space into existing homes because a detached garage is added into the FAR calculation. Approximately 614 parcels of land are zoned R-3; approximately 353 of those lots are smaller than 10,000 s.f. The larger R-3 properties are south of 55th St.; the smaller post-WWII lots are north of 55th St. The Community Development department has encountered many younger families seeking to utilize more space within the home by adding dormers, etc. When adding accessory garages, they are unable to do so without seeking a variance. Should the City retain the accessory building language or amend it.
Mr. Swanson provided the site plan for a home at 5322 Madison proposed in 2005 where the applicant were denied a variance because the FAR of the building exceeded the maximum allowed area of 1,845 square feet. The accessory detached garage was taken into the total calculation. The 353 homes with smaller lots are severely hampered by their size and the fact that detached garages are considered factors in the FAR. The next slide provided figures on zoning data in 2005. The home at 5322 was redesigned and the size reduced before the house could be built. Mr. Swanson believes that the City should not consider the accessory garage as a determining factor in the FAR in the R-3 district. The Village of LaGrange uses lot coverage rather than FAR.
After discussion, Chairman Fullmer directed Mr. Swanson to ask Steve Tisinai to attend next month’s meeting to testify in this matter. Mr. Swanson is referring to remodeling with no new construction involved. Ald. Jasinski agreed with Mr. Swanson in excluding garage space from the calculation and change the calculation from 3.0 to 3.5 with a detached garage.
Mayor Krzeminski suggested providing for the attached garage and removing the detached garage from the square footage. If there is no attached garage, they can remodel. Residents can only have one garage, not both. Discussion turned to controlling the footprint by lot size – make an attached garage and a detached garage equal so they both can cover no more than 35% of the lot size.
Mayor Krzeminski suggested making a separate classification for smaller lots. The issue is remodeling. Chairman Fullmer stated that Mr. Swanson and Steve Tisinai should discuss the matter and come back with a plan. He suggested continuing this hearing to next month. Ms. Grotzke moved to continue the hearing to the September meeting, seconded by Mr. Lube and carried unanimously.
Mr. Swanson wishes to discuss permitted side, front and rear yard obstructions. At present the Code does not allow driveways as permitted obstructions in side yard setbacks. A resident wishes to build a driveway to a detached garage -that would cause excess concrete to affect water run off. He may appear next month. New construction does not allow driveways next to the lot line.
Mr. Swanson wishes to discuss Special Event Permits – especially a tent event for businesses other than car dealerships. The zoning ordinance does not allow that. They discussed Discount Tire — spring and fall sale — and Firestone stacking tires outside. Atty. Peck stated that there is no conflict between the Code and the permit – a tent sale is a special event.
Committee members remarked about the dead foliage at the Senior Housing complex.
Mr. Swanson will look into the matter.
There being no further business to discuss, Mr. Lube moved to adjourn the meeting, seconded by Mr. Gonzalez and carried unanimously.
Chairman Fullmer declared the meeting adjourned at 8:40 p.m.
RICHARD FULLMER, JR., CHAIRMAN