TUESDAY, JANUARY 06, 2015 – 7:15 PM

1. Roll Call Members:

Mr. Richard Fullmer, Jr. (Chairman) Mr. Robert Lube

Ms. Tina Grotzke Mr. Mark Benson

Mr. Crecencio Gonzalez Mr. Bryon BednarMr. Michael Anderson Vacant Mr. Marco Gutierrez

A. Pledge of Allegiance

B. Roll Call

C. Approval of Minutes: November 04, 2014

2. Chairman’s Comments

3. Public Hearings

A. Case#18114_V- 5311 Catherine Ave. A public hearing for a variance to Section 10-5-C5 to reduce the side yard setback and increase the F.A.R. to construct a 2nd story addition.

4. Action Items

A. Case# 17157_SU- 9932 W.55th Street Special Use-Outdoor Dining Area- Case was referred back to Plan Commission by City Council on 5/29/14. Request is to a grant Café Salsa a special use ordinance for second outdoor dining area. The applicant is requesting to remove their item from the agenda.

5. Public Comment

6. Other Business

7. Adjournment





Chairman Fullmer called the meeting to order at 7:15 p.m. Secretary Lube called the Roll of Members physically present:

PRESENT: Chairman Richard Fullmer, Jr., Secretary Robert Lube,

Mr. Michael Anderson, Mr. Marco Gutierrez

Ms. Tina Grotzke, Mr. Crecencio Gonzalez IV, Mr. Bryon Bednar.

ABSENT: Mr. Mark Benson.

ALSO PRESENT: Atty. Peck, Zoning Admin. Ms. Clarke

Approval of Minutes

The first order of business was approval of the minutes of the November 4, 2014 meeting. 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: Case # 18114 – V- Re: 5311 Catherine Avenue

Chairman Fullmer read the Notice of Public Hearing for a variance to Section 10-5-C5 to reduce the side yard setback and increase the F.A.R. to construct a 2nd story addition.

Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Gonzalez and carried by unanimous voice vote. The Applicant, Lisa Salinas, was sworn in by Chairman Fullmer. Proofs of Notice were received by the Building Department.

ZA Ms. Clarke made the Staff presentation. She stated that the existing home at 5311 Catherine Avenue was purchased last July; the new owners are seeking to raze the building to the existing foundation, using the same footprint, and rebuild to a two-story structure. Any basic enlargement or extension of the building requires a variance to increase the maximum allowable F.A.R. from 1,844 to 1,872 s.f. The area is zoned R-3; lot size is only 6,500 s.f. –comparable to a city lot -only 50 feet wide. In the past 15 years activity in this general area consists of many teardowns or additions providing more compatibility with existing homes; photos are included revealing buildings on the next block that received variances. The proposed improvements are consistent with recent teardowns and variances granted in the past. The Site Plan maintains the front yard setback; the driveway will remain as is; it cannot be narrowed any further. Brick veneer and siding will provide a nice street presence for the area. Staff recommends approval of the variances requested as being consistent with the neighborhood. Positive comments were received via telephone from interested neighbors. Ms. Salinas had nothing further to add to the presentation.

Mr. Gonzalez asked about the basement. Ms. Salinas stated that at present there is only a crawl space; they intend to provide a basement with two sump pumps.

Discussion re: vertical size of the basement – building plans have not been solidified re: discharge of sump pump; city engineer has the final determination. The owner will provide a knee wall in the basement; the first floor will be higher in elevation. The basement will be unfinished and used for storage only. Mr. Lube stated that this basement should be considered floor area because technically it could be built out as living space. After reading the Code aloud – it was noted that the basement must be at least 50% below grade to not be included in the F.A.R. A basement height of 6’8 and 50% below grade would be considered unlivable space. A basement seven feet or higher would be considered livable space. Final determination will be made by the Building Inspector upon receipt of the plans. Since they are over the F.A. R., Mr. Lube contends that they must also address the water retention issue as provided by State law. Mr. Anderson stated that additional plumbing is the only issue.

Ms. Clarke stated that adding the basement footage to the F.A.R. would make the home 2,845 s.f. At present there is a four-foot crawl space. The proposed ceiling height of 8′ would include the basement in the F.A.R. Ms. Salinas stated that the basement will be used for storage only – utilities, etc.; no plans for building a bathroom. Mr. Anderson noted that there are nine risers going to the first floor. Building plans including the wall section are needed for review prior to the Board making a decision in this matter. Mr. Gutierrez stated that ceiling height should be lowered to 6’8 with 50% below grade; it is important to provide plans to the Board. The architect is awaiting the Board’s decision to determine what revisions need to be made. Clarification is needed re: depth of foundation and below grade percentage. Ms. Clarke read from the Residential Code including . . . ceiling height not less than seven feet measured from the finished floor to the lowest projection from the ceiling – to within 6’8 of the finished floor. The Board agreed; the only issue is the basement space; the footprint remains the same.

Chairman Fullmer moved to continue this matter to February 3, 2015, seconded by Ms. Grotzke, to have the parties bring in revised plans and discuss the F.A.R. calculations with Steve Tisinai; motion carried by unanimous voice vote.

Action Item: Case # 17157 – SU – Re: 9932 W. 55thSt. – Outdoor Dining Area– Case was referred back to Plan Commission by City Council on 5/29/14. Request is to grant Café Salsa a special use ordinance for second outdoor dining area. The applicant requests removal of this item from the agenda. Ms. Clarke spoke with Ray Manz; he is not sure what he wants to do about outdoor seating May-September. Ms. Clarke suggested removing it from the agenda; he agreed. At the meeting neighbors were concerned about noise, parking, amount of seating, time of last seating, 10 pm nightly closing; no outdoor music, update garbage enclosure, and reinstate residential parking in front of apartments (all owner occupied). Mr. Manz must rethink these issues.

Other Business

Chairman Fullmer asked about the outcome of a resident parking a commercial truck on residential property. Ms. Clarke stated that Council gave him 60 days to find alternate parking. Ms. Clarke is sending him a one-month reminder. Mr. Lube reported another commercial vehicle (panel truck with huge ladder racks) parked west of Ashland near Plainfield Road since August or September. Ms. Clarke will investigate the matter.

The Chick Fil-A Restaurant will be present in February seeking a special use – for the dual drive-thru lanes — incorporated into a PUD. It is very similar to the Willowbrook store. There will be an emphasis on landscaping on that corner lot.

In March the Phelan Dodge expansion plans may be presented; they are doing a major expansion and will be subject to the new MWRD requirements, handicap parking and perimeter landscaping. There is no news about the potential SONIC replacing the old Brown’s Chicken. Lil’ Kickers has an RDA established – no formal plans presented yet. Ultra Nutrition is interested in the former White Hen Pantry property on Plainfield.


There being no further business to discuss, Mr. Lube moved to adjourn the meeting, seconded by Ms. Grotzke and carried by unanimous voice vote.

Chairman Fullmer declared the meeting adjourned at 8:14 p.m.