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, FEBRUARY 7, 2006

Chairman Fullmer called the meeting to order at 7:30 p.m. Secretary Lube called the Roll; the following members were present:

PRESENT: Chairman Richard Fullmer, Jr., Secretary Robert Lube, Mr. Edward Ziemba, Mr. Frank Thullen, Mr. Steven Jasinski, Ms. Cynthia Schulz, Ms. Tina Grotzke, Mr. Richard Toth, Mr. Daniel Moss

ALSO PRESENT: Mayor LeGant, Ald. Conrad, Ald. Michalczyk, Ald. Straza, Ald. Pondelicek, Ald. Smetana, CDD Muenzer, Attorney Robert Peck, Mgr. Building Admin (MBA) Hudson, CDP Swanson

APPROVAL OF MINUTES

The first order of business was approval of the minutes of January 3, 2006. Mr. Toth moved to approve the minutes as presented, seconded by Mr. Lube and carried unanimously by voice vote.

PUBLIC HEARING

Chairman Fullmer announced that all interested persons should sign the sign-in sheet located at the City Clerk’s Counter. When addressing board members please use the microphone and state your name and address. All hearings are recorded.

Chairman Fullmer read the Notice of Public Hearing to consider a resubdivision pursuant to Section 9-2-3, Chapter 9 of the Municipal Code in order to subdivide one lot into four single-family lots. The property is commonly known as 9737 W. 57^th St, Countryside, IL 60525. Applicants are Gino Fioravanti and Robert Cavaliere, 4 N. 425 8th Avenue, Addison, IL 60160. This matter was continued to allow applicants to provide further information on the Plat of Resubdivision. The petitioners and interested parties were sworn in by Chairman Fullmer. Mr. Toth moved to open the Public Hearing in this matter, seconded by Ms. Grotzke and carried unanimously.

Mr. Muenzer stated that all missing items are now included in the revised plat which was reviewed by Attorney Peck, Engineer Fitzgerald and CDD Muenzer. All four proposed lots exceed the R-3 lot size requirements. Staff recommendation is to approve the resubdivision as presented. Mr. Peck stated that all shortcomings have been rectified. The engineer indicated that no improvements are needed; he has sent an e-mail to that effect to Mr. Muenzer. Mr. Peck stated that the Aqua Fiori Resubdivision does meet all of the requirements of the City of Countryside for final plat approval.

Chairman Fullmer stated that the two south lots are not presently buildable unless 57^th Place becomes an actual street. All parcels will have a separate tax ID number. Mr. Peck stated that the City may change its zoning at any time which may make these lots unbuildable; in that case the lots may be grandfathered in, or the applicant may come in for a variance.

Chairman Fullmer opened the hearing to interested persons. Ron Lapka, 9609 W. 57 St., asked whether neighboring residents will be forced to sell property in the vicinity. Mr. Peck stated that the City could use its power of eminent domain to acquire property. George Kontur, 5808 Rose Ave., stated that some property has been donated to the City for sewer, etc. Maria Ramos, 5755 9th Ave., asked why applicants are subdividing the property if they have no intention of building on it. Mr. Fioravanti responded that in the future if the City allows a street, they are keeping their options open. There was no further testimony from the applicant or interested parties. Mr. Jasinski moved to close the evidentiary portion of the hearing, seconded by Mr. Moss and carried unanimously.

Mr. Toth moved to give final approval to the Aqua Fiori Resubdivision and authorize the Chairman and Secretary to sign on behalf of the Board and submit it to the City Council for final approval, seconded by Mr. Ziemba and carried unanimously by Roll Call vote.

Mr. Fullmer stated that this recommendation will come before the City Council at its Regular Meeting on February 22, 2006.

PUBLIC HEARING

Chairman Fullmer read the Notice of Public Hearing to consider a resubdivision pursuant to Section 9-2-3 Chapter 9 of the Municipal Code in order to subdivide one lot into three single family lots. The property is commonly known as 9601 W. 57^th St. The applicant is Juvenal Garcia, 9601 W. 57^th St., Countryside, Il 60525. The petitioners and interested parties were sworn in by Chairman Fullmer. Mr. Toth moved to open the Public Hearing in this matter, seconded by Ms. Grotzke and carried unanimously.

Mr. and Mrs. Garcia wish to build three homes on the above property. Mr. Muenzer stated that the lots exceed the R-3 zoning requirements. They will demolish the structure that currently exists on this one-parcel property and then subdivide the property into three single-family parcels with access off of 57^th Street. Certified mailings have been properly sent to adjacent property owners. Mr. Peck has reviewed the preliminary plat; there is a dedication of a portion of what would become East Avenue. It does not contain the statement of dedication, which is required. The City still needs the statement that all public improvements have been made or the Engineer’s certification that no public improvements are required. Those revisions are required. The Board could give preliminary approval to this plan to be referred to the CDD for further advice regarding compliance for final approval. This matter should be continued to next month.

Staff report is a recommendation for final approval. Discussion took place regarding possible flood plain issues; they will be subject to existing/new FEMA provisions.

Chairman Fullmer opened the hearing to interested persons. Ron Lapka, 9609 W. 57^th St., discussed future expansion of East Avenue – is anyone aware of IDOT plans? Mr. Muenzer stated that a variety of scenarios regarding East Avenue have been presented but no definitive plans have been made. Robert Manns, 9701 W. 57^th St., asked whether the City has any conflict with flood plain requirements. Chairman Fullmer stated that this could be given preliminary approval tonight but future FEMA regulations may alter the course of construction. Mr. Garcia stated that they will build three nice houses on the corner. Mrs. Garcia stated that they will make an improvement in the community.

There was no further testimony from the applicant or interested parties. Mr. Ziemba moved to close the evidentiary portion of the hearing seconded by Ms. Grotzke and carried unanimously. Ms. Schulz moved to give preliminary approval to Garcia’s Resubdivision, and refer the matter back to CDD Muenzer, to advise petitioners of further revisions needed, with review by the City Attorney and City Engineer, seconded by Mr. Moss and carried unanimously.

OTHER BUSINESS

Attorney Peck stated that since the City has updated its Comprehensive Plan, they should set up a subdivision approval procedure which is more detailed than what is presently used. The object is to have petitioners initially come in with everything needed for the Final Plat. He suggested that they come in with a detailed drawing of the tract of land to be subdivided showing all dimensions, set back requirements, lot numbers, name of subdivision, etc. He illustrated an example which afterward would require bringing the plat of subdivision, an original and four copies for the City staff, which will then prepare for a hearing before the PC/ZBA; if everything is in order, that would be the preliminary plat, which should provide all necessary information. The City should require that petitioners come in with evidence of the impact on surrounding property values, and with testimony by qualified experts regarding engineering, public improvements and planning. All that information should be provided to the Board. Mr. Peck also stated that a court reporter be present to provide a written transcript. Due to a change in Illinois State law, all decisions concerning zoning will be considered Administrative Hearings. If they are contested in court, it is the obligation of the body making that decision to have available for administrative review, a record of proceedings. After the hearing is closed, the matter should be set over for 60 days for ample time to revise the final plat, which will be signed off by all pertinent City officials thus making the plat ready for Board approval, with final submission to the City Council. The rules now allow preliminary approval of the plat to go to the City Council; that step should be eliminated.

Chairman Fullmer stated that the above procedure will result in considerable additional time required for all attendant parties; the City will have to revisit the fee structure and those costs will be transferred to the applicant. Mr. Muenzer agreed that this is an excellent proposal; it gives the staff a checklist to follow. Applicants must follow the above procedure. Mr. Peck stated that if this concept meets with Board approval, it should be referred to the City Council for their approval. Further modifications are necessary and must be put in place, as well as review of the fee structure – appraiser, engineer, planner – which would be transferred to the petitioner.

Board members were in general agreement with the above format. Further discussion took place regarding copies for interested participants. Mr. Lube moved to refer this proposed procedure change to the City Council, seconded by Ms. Grotzke and carried unanimously by Roll Call vote.

Mr. Peck discussed rezoning the Chariot Motors property from its current M-1 to a B-3 with a special use for automotive. This matter will be added to the April agenda. The City Council has referred the matter back to the PC/ZBA to rezone the property as B-3 with a special use for automotive purposes and to consider requiring that all damaged motor vehicles be shielded from sight. The definition could include – any motor vehicle, with damage to its body which has been towed or stored pursuant to a Police Report. Mr. Bresnahan will testify and describe activities on the premises and the fence surrounding the property. Witnesses will also be presented to the board.

Mr. Muenzer stated that a subdivision of property on 5^th Avenue Cutoff is on the agenda for the March meeting. He introduced Bill Hudson the new Manager for Building Administration, encompassing the former Building Commissioner position. The new Community Development Planner is Bryan Swanson; he was the former intern for over a year. He now works full-time for the City. Holly Williams is the recorder tonight; she is the Community Development Clerk.

ADJOURNMENT

There being no further business to discuss, Mr. Jasinski moved to adjourn the meeting, seconded by Mr. Toth and carried unanimously.

Chairman Fullmer declared the meeting adjourned at 9:00 p.m.