MINUTES OF A SPECIAL MEETING
OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS
FOR THE CITY OF COUNTRYSIDE, IL
HELD IN COUNCIL CHAMBERS ON MONDAY, JANUARY 9, 2012

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. Mark Benson, Mr. Charles Stoub, Mr. Daniel Moss, Ms. Tina Grotzke, Mr. Crecencio Gonzalez IV.

ABSENT: Mr. Richard Toth

ALSO PRESENT: Atty. Erik Peck, CDP Swanson,

PUBLIC HEARING RE: TEXT AMENDMENT TO SECTION 10-2-4-5

Chairman Fullmer stated that this matter is continued from the January 3, 2012 Public Hearing – notice published on September 15, 2011 in The Doings Newspaper.

Consideration of amending Section 10-2-4-5: Permitted Obstructions in Required Yards:

To allow driveways as permitted obstructions in the side yard setback but not closer than two feet to the side lot line on lots greater than 10,000 sq. ft.;

To allow driveways as permitted obstructions in the side yard setback but not closer than 18 to the side lot line on lots of 10,000 sq. ft. or less;

To allow sidewalks and stoops as permitted obstructions of up to 3 feet in the side yard setback.

Due to technical difficulties, Mr. Swanson was not able to use the PowerPoint presentation. In R-1 zoned properties there must be a ten-foot side yard setback from the property line to the building – ten feet must be open space. Sidewalks have been discussed previously. Tonight we will be mainly focusing on driveways.

There is no language in the Code that allows driveways to obstruct in side yard setbacks. This Board was requested to review this section and make a recommendation as to whether to change the code or leave it as is. This matter has been discussed with consideration toward allowing driveways as permitted obstructions in the side yard setback but not closer than two feet to the side lot line on lots greater than 10,000 s.f. – and to allow driveways as permitted obstructions in the side yard setback but not closer than 18 to the side lot line on lots less than 10,000 s.f. Staff believes that existing driveways should be allowed to be replaced regardless of location. New driveways should be determined by using a percentage calculation of 3%, 5% and 10%, depending on the lot frontage size.

Mr. Gonzalez asked about odd-sized lots that are not square or rectangular. Mr. Schwartz a Countryside resident, asked about using different percentages for different widths. Square footage is not a good determinant; there are too many variable lot sizes in Countryside. Side load garages are very popular; in Countryside a variance would be required. The City is being too restrictive. He suggested making it as simple as possible; use one foot limit and have consideration for your neighbor. He doesn’t agree with the calculations.

Chairman Fullmer asked if this matter could be sent to the City Council. Atty. Peck suggested that this matter be continued for discussion at the Infrastructure Committee This Board needs guidelines. After further discussion, Board members agreed to use percentages. Board discussed allowing 3% on lots 60′ wide, 4% on lots 80′ wide and 5% on lots 100′ wide. The bigger lots need more space. The motion is to allow driveways as permitted obstructions in the side yard setbacks but not closer than a distance equaling 3% of the lot width with a minimum of 1.5 feet to the side lot line; to allow sidewalks and stoops as permitted obstructions up to three feet in the side yard setback; and to allow pre-existing driveways to be reconstructed regardless of location. Mr. Lube moved to adopt the motion, seconded by Ms. Grotzke and carried by Roll Call vote – 7/0/1.

PUBLIC HEARING RE: TEXT AMENDMENT TO SECTION 10-6A-1

Chairman Fullmer read the public hearing notice for the text amendment continued from the January 3, 2012 PC/ZBA Hearing, which was published on October 13, 2011 in The Doings Newspaper.

A text amendment to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows:

Consideration of amending 10-6A-1: permitted uses: to consider allowing outdoor storage containers.

Mr. Swanson stated that Staff has noticed shipping containers stored on commercial property zoned B-1, B-2 and B-3 retail districts; according to City Code, these containers are not permitted in any zoning district. They usually store excess goods, auto parts or used tires. Staff spoke to local merchants to get more information; Jewel Osco has three containers on Brainard Avenue; they store food delivery equipment – business related items. Ettleson Hyundai stores car parts and tools. The City should have control or restriction on where these containers are located on properties and what can be stored. Three businesses in Countryside use shipping containers; photos were taken of the locations. Mr. Lube stated that Home Depot has 6-8 semi-trailers with wheels that are just basically used for storage; they are an eyesore and a nuisance, plus loose material is stacked next to the containers. The City should control the number and placements of the units. They should be screened from public view and require a $50 City permit.

Ms. Grotzke moved to make outdoor storage containers permitted uses subject to the following conditions: 1) limited to three containers per business, 2) with placement in the rear or side yard of the building screened from public sight; 3) requiring a permit of $50 for each container with annual inspection required, seconded by Mr. Benson and carried by Roll Call vote – 7/0/1.

PUBLIC HEARING RE: TEXT AMENDMENT TO SECTION 10-6A-2

Chairman Fullmer read the public hearing notice for the text amendment continued from the January 3, 2012 PC/ZBA Hearing, which was published on October 13, 2011 in The Doings Newspaper.

A text amendment to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows:

Consideration of amending 10-6A-2: special use: to consider making clothing / donation boxes a special use in the B-1 retail zoning district.

Mr. Swanson stated that clothing and donation boxes are not permitted in the commercial zoning districts thus making them illegal. Many commercial properties contain these boxes. Along with being unsightly, they are site hazards are propose some liability. The Plan Commission recommended that donation boxes be made a special use in the M-1 zoning district (Dansher Park). The City Council remanded that recommendation back to the Plan Commission; they believe the zoning district should contain these donation boxes in a down economy. Mostly these donation boxes are an arm of a profit-making corporation, selling used clothes to Africa. Mr. Lube wishes to make them a special use in B-1, charge a permit for placement and get agreement of the property owner. Some boxes are dumped in parking lots. Simon Properties has these boxes and they don’t care; these boxes affect traffic in the shopping center and take up parking spaces. The City can issue citations which eventually will be paid. Chairman Fullmer stated that the owner of the box should have a business license; otherwise the only responsible person is the property owner. The Board decided to rescind its previous recommendation. Mr. Moss moved to make a new recommendation making clothing donation boxes a special use in the B-1 zoning district subject to the condition that the special use not be approved unless there is an agreement between the property owner and the donation box company, seconded by Ms. Grotzke and carried by Roll Call vote – 7/0/1. Mr. Swanson stated they will go through the zoning process and get approved by the City Council for a business license.

PUBLIC HEARING RE: TEXT AMENDMENT TO SECTION 10-2-9

Chairman Fullmer read the public hearing notice for the text amendment continued from the January 3, 2012 PC/ZBA Hearing, which was published on November 17, 2011 in The Doings Newspaper.

Consideration of amending Section 10-2-9: Accessory buildings and structures:

To consider reviewing the maximum size of accessory buildings and structures in the R-7 rural residential zoning district.

Mr. Swanson discussed accessory structures in the R-7 district, which contain the largest lots in the City of Countryside. Residents are allowed to have one structure of 1,500 s.f. or three structures totaling 1,500 s.f. on lots larger than one acre. The City Council asked that the PC/ZBA review the existing zoning ordinance to determine if an increase is warranted. Staff believes that a percentage ratio be used rather than a square foot calculation to determine the maximum size of accessory buildings on a property.

Linda Decker asked what happens if a large barn on the property burns down; if they wish to rebuild, the resident must come to this Board to request a variance. Coach houses are a legal non-conforming use. Out buildings and barns may be rebuilt per variance. Victoria Ganz suggested that additional structures should be based on the floor area ratio of the lot or a percentage of the property. Board members believe that all residents’ requests should be fairly evaluated.

A hearing was held years ago which residents attended and all agreed that 1,500 s.f. was sufficient. Now residents complain that that is not large enough. The City Council sent this matter back for review. After further discussion, Board members agreed to not make any changes to the amendment. Ms. Grotzke moved to maintain the status quo and not change the amendment, seconded by Mr. Benson and carried by Roll Call vote – 7/0/1.

PUBLIC HEARING RE: ZONING CODE AMENDMENT

Chairman Fullmer read the public hearing notice for the text amendment continued from the January 3, 2012 PC/ZBA Hearing, which was published on November 17, 2011 in The Doings Newspaper.

Consideration of a zoning code amendment to the City of Countryside, IL Municipal Code as follows:

Consideration of adding a chapter to the Zoning Code to allow vehicle infrastructure as a use in all areas, except those zoned for residential, and to also include regulations for Level 1, Level 2 and Level 3 charging stations (with some limitations) in residential zones given that the statute contains no prohibition on allowing this infrastructure in any zone.

Discussion re: charging stations in which cars can be charged in half an hour. Mr. Swanson stated that this chapter applies to single family uses, which are allowed.

Regarding commercial property, should electronic charging station be allowed in the B-1, B-2 and B-3 zoning district and limited manufacturing district as a permitted use, special use, or accessory use. Usage will become more prevalent in the near future. Chairman Fullmer suggested that Mr. Swanson work with Mr. Tisinai to put language together for the Board. Mr. Lube stated that plans are to place 10-14 units in Chicago with expansion to the suburbs. Mr. Peck stated that there is a charging station at the downtown parking lot he uses. Mr. Benson moved to continue this matter to the next meeting, seconded by Ms. Grotzke and carried unanimously.

OTHER BUSINESS

Mr. Swanson stated that Ettleson Hyundai will be at the February meeting seeking a large monument sign on the property. Maas Auto in Western Springs seeks to open an auto service use business at 5640 LaGrange Road and close the Western Springs business; this will be his second location in Countryside.

ADJOURNMENT

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

Chairman Fullmer declared the meeting adjourned at 9:18 p.m.

RICHARD FULLMER, JR., CHAIRMAN