PLAN COMMISSION/ZONING BOARD OF APPEALS
CITY OF COUNTRYSIDE
JULY 11, 2006 AT 7:30 P.M.
ROLL CALL MEMBERS: CHAIRMAN RICHARD FULLMER, JR., MS. TINA GROTZKE, MR. ROBERT LUBE, MR. STEVEN JASINSKI, MR. DANIEL MOSS, MS. CYNTHIA SCHULZ, MR. FRANK THULLEN, MR. RICHARD TOTH, MR. EDWARD ZIEMBA
APPROVAL OF MINUTES:
DATE: APRIL 11, 2006 & JUNE 6, 2006
1. CONTINUANCE – TO CONSIDER A VARIANCE FROM THE REQUIREMENTS OF SECTION 10-5C-5 OF THE CITY OF COUNTRYSIDE ZONING CODE TO PERMIT A FRONT YARD SETBACK OF 20′ FEET ON 6TH AVENUE INSTEAD OF THE REQUIRED 30′ FEET. AND A VARIANCE FROM THE REQUIREMENTS OF SECTION 10-5C-4 OF THE CITY OF COUNTRYSIDE ZONING CODE TO PERMIT CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A LOT CONTAINING APPROXIMATELY 6,475 SQ. FT., INSTEAD OF THE REQUIRED MINIMUM OF 7,500 SQ. FT. THE PROPERTY IS COMMONLY KNOWN AS 40 EAST PLAINFIELD ROAD, COUNTRYSIDE, IL 60525, THE NAME OF THE APPLICANT IS ANKICA PERVAN WHOSE ADDRESS IS 828 WEST 34TH STREET, CHICAGO 60608.
2. TO CONSIDER AN APPLICATION FOR RATIFICATION AND CONFIRMATION OF THE PREVIOUSLY APPROVED PLAT OF GRZANICH’S RESUBDIVISION OF REAL ESTATE LOCATED AT 5609 MADISON AVENUE, COUNTRYSIDE, IL, 60525.
3. TO CONSIDER A RE-ZONING FROM THE M-2 MANUFACTURING DISTRICT CLASSIFICATION TO THE R-7 RURAL RESIDENTIAL CLASSIFICATION THAT PART OF THE REAL ESTATE COMMONLY KNOWN AS 10035 5TH AVE.
4. TO CONSIDER AN APPLICATION FOR A SPECIAL USE UNDER SECTION 10-5C-2 OF THE CITY OF COUNTRYSIDE ZONING CODE THAT WOULD PERMIT MAINTENANCE OF AN OFF-STREET OPEN PARKING AREA, IN CONJUNCTION WITH THE OPERATION OF AN ADJACENT RESTAURANT. THE PROPERTY IS COMMONLY KNOWN AS 5400 and 5404 6TH AVENUE, COUNTRYSIDE, IL 60525, THE NAME OF THE APPLICANT IS JAMES ARCE WHOSE ADDRESS IS 5301 SOUTH ASHLAND, COUNTRYSIDE, IL 60525.
5. TO CONSIDER A VARIANCE FROM THE REQUIREMENTS OF SECTION 10-5F-5 OF THE CITY OF COUNTRYSIDE ZONING CODE TO PERMIT CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A PARCEL OF REAL ESTATE CONTAINING APPROXIMATELY 37,115 SQ. FT., INSTEAD OF THE REQUIRED MINIMUM OF 43,560 SQ. FT. THE PROPERTY IS COMMONLY KNOWN AS 7415 WILLOW SPRINGS ROAD, COUNTRYSIDE, IL 60525. THE NAME OF THE APPLICANT IS ROBERT WADACH WHOSE ADDRESS IS 7254 ARBOR LANE, JUSTICE, IL 60458.
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, JULY 11, 2006
Chairman Fullmer called the meeting to order at 7:40 p.m. Secretary Lube called the Roll; the following members were present:
PRESENT: Chairman Richard Fullmer, Jr., Secretary Robert Lube, Mr. Edward Ziemba, Mr. Steven Jasinski, Mr. Frank Thullen, Ms. Cynthia Schulz, Ms. Tina Grotzke, Mr. Richard Toth,
ABSENT: Mr. Daniel Moss
ALSO PRESENT: Mayor LeGant, Ald. Michalczyk, Ald. Pondelicek, Ald. Von Drasek, Ald. Conrad, Ald. Straza, Attorney Erik Peck, MBA Hudson, CDP Swanson
APPROVAL OF MINUTES
The first order of business was approval of the minutes of April 11, 2006. Mr. Jasinski moved to approve the minutes as presented, seconded by Ms. Grotzke and carried unanimously.
The next item was approval of the minutes of June 6, 2006. Mr. Toth moved to approve the minutes as presented, seconded by Mr. Lube and carried unanimously.
Chaiman Fullmer stated that the Rules of Proceeding for hearings 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.
Chairman Fullmer read the Notice of Public Hearing to consider a variance to Section 10-5C-5 of the City of Countryside Zoning Code to permit a front yard setback of 20 feet on 6th Avenue instead of the required 30 feet. And a variance from the requirements of Section 10-5C-4 of the City Zoning Code to permit construction of a single family residence on a lot containing 6,475 sf. instead of the required minimum of 7,500 sf. The property is commonly known as 40 East Plainfield Road, Countryside, IL 60525. The applicant is Ankica Pervan, 828 W. 34th St., Chicago, IL 60608. Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Toth and carried unanimously.
Attorney Tony Peraica, sought two variances on behalf of Ms. Pervan, the owner. She has been before this Board in January and in June. She believed that she was previously told that if she reduced the size of the house her petition would be approved. She stated that she was never told by City employees that this was an unbuildable lot and that regardless of what she did, she would not be able to build a house on that lot. She has now purchased the lot, waiving the zoning contingency, spent thousands of dollars on architectural and legal fees, and is seeking favorable consideration from the Board. The proposed home is 1,860 feet with a detached 20×20’garage. Mr. Peraica asked the Board to consider these circumstances when deliberating the issue.
Chairman Fullmer stated that this is a sub-standard lot by a significant amount of square footage. Ms. Pervan knew it was not a legal lot but she purchased it anyway. Mr. Peraica stated at that point she should have been told she could never build on that lot. Board members stated her petition was denied in January. Ms. Pervan stated that she came in January with a 3,400 sf. house and she believed the Board stated she should get a smaller site plan, although she had no documentation of this assertion. Mr. Peraica said she should have been advised at that time that no plan would ever be approved, therefore the misleading nature of the information was to her detriment. The Board asked Ms. Pervan if she had any documentation to support her claim that a smaller house would be approved on that lot. She said no. Mr. Toth stated that she bought the property without a variance; it had been on the market since 1952. The purchase contract was pending for eight months; the seller would not grant any other extensions unless she agreed to close and waive right to the earnest money deposit. Mr. Jasinski stated that the City cannot deny applicants the opportunity to apply for a variance even though that variance may be denied. Residents John Orzino, and Laverne Messina were both opposed; the lot is too small.
Mr. Peraica in his Closing Statement noted that the lot can accommodate the vastly reduced home size. She modified her plan in the hopes that a permit would be granted. He again asserted that necessary information was not communicated to the applicant by the City. It is within the Board’s power to grant the variance; she seeks favorable consideration. Mr. Toth moved to close the evidentiary portion of the hearing, seconded by Mr. Ziemba and carried unanimously.
Ms. Grotzke moved to recommend denial of the variance to the minimum lot size of 7,500 sf., to permit a lot of 6,475 sf. on property commonly known as 40 E. Plainfield, Road, seconded by Mr. Toth and carried by Roll Call vote – 8/0/1.
Mr. Jasinski moved to recommend denial of the variance to permit a front yard setback of 20′ instead of the required 30′ on the property commonly known as 40 E. Plainfield Road, seconded by Mr. Toth and carried by Roll Call vote – 8/0/1.
Chairman Fullmer stated that this matter will come before the City Council at its Regular Meeting on July 26, 2006.
Chairman Fullmer read the Notice of Public Hearing to consider an application for ratification and confirmation of the previously approved plat of Grzanich’s Resubdivision of real estate located at 5609 Madison Ave., Countryside, IL 60525. Mr. Toth moved to open the public hearing, seconded by Ms. Grotzke and carried unanimously. CDP Mr. Swanson advised the Board that the original Grzanich Subdivision was approved on May 3, 1964 but was never recorded. Attorney Melanie Matiasek was sworn in by Chairman Fullmer. She testified that the Board packet includes copies of the original Grzanich Subdivision presented in 1964. Mrs. Grzanich has been a resident since 1944. The original parcel had 150′ frontage; the petition for subdivision was approved but never recorded, for unknown reasons. The house was never built; her husband conveyed his 60′ to Mrs. Sweeney, who conveyed this property to Jovic Builders as part and parcel of the adjoining lots immediately to the south; that was approved as a new subdivision. Mrs. Grzanich is left with 90′ frontage. She has moved to a retirement home and taken a reverse mortgage on the property. After 40 years she found out that technically this is not a legal lot; this subdivision is not posted in Sidwell. She has the original documents and is present here tonight.
Mr. Peck stated that the County will not accept a 45-year-old document; this Board can reaffirm and ratify it. Chairman Fullmer stated that this parcel is in an R-1 zoning district; minimum lot requirements are 100′ frontage; this lot is 13,000 sf. with a house on it. Mr. Peck stated that there is no substantial change and no detriment to the immediate area; there is no reason not to ratify it again; it still must go before City Council for ratification.
Resident Bill Johnson, 5549 Madison, agrees with ratification. Ald. Wayne Straza stated that under the circumstances the variance should be granted. Tom Michalatis, 7361 Prescott Lane, agrees with the ratification. Attorney Peck noted that this lot must first be approved by the City before it can be recorded. It is a buildable lot for the original owner only; for a new owner it will be a sub-standard lot. Mrs. Grzanich is 90 years old and will never build on this lot.
Daughters Linda O’Riley, 812 Wellner Road, Naperville, IL, were present and stated this represents a hardship to Mrs. Grzanich; she has no choice; she is landlocked. The house is on a concrete slab and keeps sinking; it has been jacked up several times. She is seeking to rectify the record. Ms. Matiasek in her closing statement asked the Board to ratify and correct an inadvertent error of failing to record the original document. Current plats have been presented to the Board. Mr. Jasinski moved to close the evidentiary portion of the hearing, seconded by Ms. Grotzke and carried unanimously.
Mr. Jasinski moved to approve ratification and confirmation of the previously approved plats of Grzanich Resubdivision dated May 13, 1964 on property commonly known as 5609 Madison Avenue, seconded by Ms. Grotzke and carried by Roll Call vote – 8/0/1. Chairman Fullmer stated that this matter will come before the City Council on 7-26-06.
Chairman Fullmer read the Notice of Public Hearing to consider a rezoning from M-2 manufacturing district classification to the R-7 Rural residential classification on real estate commonly known as 10035 5th Ave. Mr. Fullmer stated that the expert witness is unavailable tonight; this matter will be continued for 90 days, per Mr. Terry Robb’s request. Mr. Lube moved to continue this matter to the October 3, 2006 hearing, seconded by Mr. Jasinski and carried by unanimous Roll Call vote – 8/0/1.
Chairman Fullmer read the Notice to consider an application for a special use under Section 10-5C-2 of the City Zoning Code that would permit maintenance of an off-street open parking area, in conjunction with the operation of an adjacent restaurant. The property is commonly known as 5400 and 5404 6th Ave, Countryside IL 60525. The Applicant is James Arce, 5301 S. Ashland, Countryside, IL 60525. Mr. Jasinski moved to open the public hearing in this matter, seconded by Mr. Ziemba and carried unanimously. Martin Francis and Steven Francis, architects/planners, were sworn in by Chairman Fullmer and testified as follows: Mr. Arce is out of town on business and not available tonight.
Mr. Martin Francis presented enlarged aerial photographs which were distributed in Board members’ packets. In showing the location on LaGrange Road and Bobolink, the lot backs up to residential with the restaurant and bar on the corner. The proposal calls for a full service restaurant and bar 5,600 square feet total. A similar building was located on that site with the parking area directly behind it; they will have a building on the corner of Bobolink & LaGrange Road, reutilizing the parking lot and adjusting it for current codes and landscape requirements. This will provide adequate parking for the new structure; there will be no parking in front of the building; green space will be provided. There will be limited access to the alley area so as not to disturb residential traffic. Lighting within the parking lot will be focused inward and set inside the borders; there will be a six-foot fence separating residential from commercial.
Mr. Steven Francis stated that this proposed 5,600 square foot restaurant and bar will have masonry exterior with stone accents and residential type trim; it has a gable sloped roof which fits in well with adjacent residential pattern. The rear has a flat roof which will house mechanical/refrigeration equipment. The inside will be 3,700 sf. for seating/dining with 1,800 sf for mechanical support systems – kitchen. It has a cathedral ceiling; two entrances are on Bobolink and off LaGrange Road. Possible outdoor seating is anticipated. They could create false gables on the flat roof parapet to hide mechanical equipment. Mr. Swanson stated that there are sufficient parking spaces and adequate landscaping. Continuous landscaping 42 high will provide a headlight barrier.
Residents were opposed to using this lot for parking and stated that the same problems that happened previously with Melody Lane will occur again; they prefer two houses rather than a parking lot. Employees of the businesses park on side streets in front of residents’ homes. Mr. Francis stated they will work with adjacent home owners. Amy Kessel suggested using permit parking since resident only parking doesn’t work.
In closing Mr. Francis stated that they will comply with all requirements and are seeking favorable consideration for this proposal so that they can begin construction in the Fall. Mr. Toth moved to close the evidentiary portion of the hearing, seconded by Mr. Ziemba and carried unanimously.
Mr. Peck stated that the drawing entitled landscape parking prepared by Linden Group, Inc, (with fencing) is marked as Petitioner’s Exhibit A.
Mr. Toth moved to approve the special use for the off street parking facility on property commonly known as 5400 and 5404 6th Ave. in substantial compliance with Petitioner’s Exhibit A with the addition of a fence around the perimeter of the parking lot, seconded by Mr. Jasinski and carried by Roll Call vote – 8/0/1.
This matter will come before the City Council at its Regular Meeting on July 26, 2006.
Chairman Fullmer read the Notice of Public Hearing to consider a variance from the requirements of Section 10-5F-5 of the City Zoning Code to permit construction of a single family residence on a parcel of real estate containing 37,115 sf. instead of the required minimum of 43,560 sf. on property commonly known as 7415 Willow Springs Road, Countryside, IL 60525. The applicant is Robert Wadach, 7254 Arbor Lane, Justice, IL 60458. Mr. Jasinski moved to open the public hearing in this matter, seconded by Mr. Lube and carried unanimously. Mr. Wadach was sworn in by Chairman Fullmer and testified as follows: He is the owner of the subject property and would like to build a single-family residence which will meet all setback requirements. The house will be 3,000 sf; Mr. Wadach will build it himself. He is not seeking to subdivide the property He purchased two lots on 12-30-05. The other lot has a house on it and is a grandfathered lot; it was subdivided prior to City annexation on 1-1-04
Mr. Peck stated that it is a legal non-conforming use as of 1-1-04 when the property was annexed by the City. It is a buildable lot to the owner of record on 1-1-04 but due to the R-7 rezoning, it is not a buildable lot for Mr. Wadach. Mr. Wadach stated that he was verbally told by Mark Muenzer prior to purchase that it was a grandfathered lot and there should be no problem. Mr. Peck read the definition of legal non-conforming use.
Residents Dan Dolehide, 7413 Willow Springs Road, Roger Marenkov, 7424 Prescott, Frank Zickus, 7375 Prescott Lane, Tom Michilizak, 7361 Prescott Lane, Anthony Mock, 7465 Prescott, are all in favor of retaining the R-7 one-acre lot designation, but feel there should be variances for special circumstances. Eleven neighbors present tonight are in support of this proposal. Mr. Wadach owns 1.6 acres in total. He is not seeking resubdivision of the lots. He has 200-foot frontage but he does not meet lot size requirements. He asked for favorable consideration from the Board. He estimates that 6-8 unbuildable lots came into the R-7 zoning classification. That provision regarding a buildable lot for the original owner may need to be removed from the ordinance. Chairman Fullmer stated that consistency must be maintained. Board members stated that all concerned spent two years hammering out the language of the ordinance and at the first opportunity, residents are seeking to modify the language. Chairman Fullmer stated that residents should discuss modifying the ordinance with their Alderman. Roger Marenkov asked the Board for ideas – can a special use be granted; any other ideas?
Terry DiPaola, 7425 Willow Springs Road has 52,000 square feet; dividing this property would be detrimental to him and others in the area that have one-acre lots. That creates spot zoning; the ordinance clearly states the law. Mrs. Wadach in her closing statement wishes to move into the area, build a house which will increase the value of the property, and remain in Countryside. Mr. Toth moved to close the evidentiary portion of the hearing, seconded by Mr. Lube and carried by unanimous voice vote.
Mr. Lube moved to deny the variance to requirements to construct a single-family residence on a parcel of 37,115 sf. instead of the required minimum of 43,560 sf. on property commonly known as 7415 Willow Springs Road, seconded by Mr. Ziemba and carried by Roll Call vote – 6/2/1 – Grotzke and Schulz opposed.
Chairman Fullmer stated that this matter will come before the City Council on 7-26-06.
Chairman Fullmer addressed the Board and the audience. He noted that due to the rapid escalation of real estate prices more subdivision applications are inevitable. He admonished Board members to Read the Book – the Board must adhere to the minimum lot size or rewrite the Code. The lots in question could have remained R-1 and not changed to R-7 rural classification. He also noted a new building going up next to Mayor LeGant’s house that the Board should be aware of; is this a viable house?
There being no further business to discuss, Mr. Toth moved to adjourn the hearing, seconded by Mr. Lube and carried by unanimous voice vote.
Chairman Fullmer declared the meeting adjourned at 10:10 p.m.
RICHARD FULLMER, JR., CHAIRMAN