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 5, 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. Richard Toth, Mr. Crecencio Gonzalez IV, Mr. Mark Benson.

ABSENT: Mr. Daniel Moss

ALSO PRESENT: Mayor Krzeminski, Atty. Peck, Ald. Pondelicek, CDP Swanson

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the June 7, 2011 meeting. Mr. Toth moved to approve the minutes as presented, seconded by Mr. Benson 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: 9640 – 56^TH STREET

Chairman Fullmer stated that this matter is continued from the June 7, 2011 hearing. He read the Public Hearing Notice for the 9640 56^th St. application which was published on March 17, 2011 in The Doings Newspaper.

Consideration of a variance request to increase the maximum allowable floor area ration (FAR) of 0.35 (35%) to permit construction of a pool enclosure which will be attached to the existing single family residential home in accordance with portionsof the City of Countryside, IL Municipal Code (Zoning Ordinance).

• Consideration of a variance to Section 10-5C-6: Structure Requirements A – Maximum floor area ratio, Title 10, Chapter 5 in the Municipal Code to permit an increase to the maximum floor area ratio of 0.35 (35%).

The Applicant is Mr. Louis Ayala, property owner at the real estate commonly known as 9640 56^th St., Countryside, IL 60525.

Ms. Grotzke moved to open the Public Hearing, seconded by Mr. Toth and carried by unanimous voice vote. Mr. Louis Ayala and Mr. Chris Patterson were sworn in by Chairman Fullmer. The required Proofs of Notice were received by the Building Department. CDP Mr. Bryan Swanson made the Staff presentation. He encouraged audience participation in the hearing at the appropriate time.

Mr. Swanson stated that the subject property is located west of City Hall; the current zoning classification is R-3 one family – estimated acreage is .34 acres. This matter has been continued monthly since the April hearing. Mr. Ayala seeks to construct a pool enclosure which is attached to the existing single family home. This action will increase the floor area ratio on this property; in the R-3 zoning district the maximum FAR is 35% of the lot size for homes with attached garages, 30% lot coverage for homes with detached garages. With the attached pool enclosure the FAR is 38% of the lot. The aerial photo of the property shows the single family home with an in-ground pool and the detached garage in the rear. The property is bordered by commercial on the north, and single family homes on the other three sides.

Mr. Ayala wishes to completely enclose the existing in-ground pool and make it a year-round pool that can be accessed via the single family home. He wishes to retire here and have his grandchildren be able to use the pool in January. This will increase the FAR to 37.8% of the lot coverage. Mr. Ayala has both a detached garage and an attached garage; the maximum lot coverage is 35%.

The R-3 zoning district is governed by Section 10-5C-6 which defines the maximum FAR and dwelling standards. The subject property is 16,988 s.f.; the FAR on this lot cannot exceed 5,945 s.f. The first and second floor and accessory garage totals 5,175 s.f., which is 770 s.f. below the maximum allowable. The proposed pool addition would add 1,258 s.f. which bring the total square footage on the property to 6,433 or 487 s.f. above the maximum allowable. The proposed FAR on the property is 38%.

The proposed site plan shows the pool enclosure covering the entire pool and attached to the single family home by two walkways. The R-3 zoning district is very unique in that a detached garage (625 s.f.) factors into the FAR, which is not seen in other zoning districts.

Mr. Ayala stated that he will retire next year; he purchased this very large home to accommodate his retirement and his six grandchildren. He has an existing home in LaGrange Park. He is seeking to cover only 2.5% more of the existing cement; no grass will be covered. He believes it will enhance the property; he doesn’t see what harm will be done to surrounding properties by this action. His architect and contractor are present tonight to answer any questions.

Mr. Chris Patterson, architect, stated that properties on either side or the commercial property will not be impacted by this action; nor will it impact the water flow or run-off. The pool is covered when not in use. The structure will match the the existing dwelling. They are adding nothing different. The structure is smaller than the existing concrete. There are no future plans to extend the patio. This site plan is smaller than the original plan; they have eliminated the outbuilding and reduced the FAR to 38%. Chairman Fullmer asked about vandalism to the pool. Vandals attacked the house interior but not the pool. Mr. Gonzalez asked what is the hardship? Mr. Ayala stated for him it is the lack of daily exercise in the swimming pool and enjoyment of his grandchildren. The detached garage square footage of 625 s.f. comes into the FAR of 35%. The main reason for purchasing the property was for the pool. There were no questions from Interested Parties. There was no closing statement. The City Engineer must approve the plans regarding water runoff. Mr. Gonzalez moved to close the evidentiary portion of the Public Hearing, seconded by Mr. Toth and carried unanimously.

Mr. Toth moved to approve the requested variance, seconded by Mr. Benson. Attorney Peck stated this is a recommendation to approve a variance to permit an increase in the FAR from 35% to 38% to permit a pool enclosure attached to the single family residence on the property commonly known as 9640 – 56^th St., all in substantial conformity with Petitioner’s Exhibit A which is a drawing of 9640 – 56^th St.

AYES: Toth, Benson, Lube, Fullmer

NAYS Gonzalez, Grotzke, Stoub

Motion carried – 4/3/1.

Chairman Fullmer stated that this recommendation will come before the City Council at its Regular Meeting of July 27, 2011.

PUBLIC HEARING RE: 30 COUNTRYSIDE PLAZA – FIVE BELOW

Chairman Fullmer read the Public Hearing Notice for the 30 Countryside Plaza application published on May 26, 2011 in The Doings Newspaper and continued from the June 14, 2011 hearing.

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 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, 1616 Walnut Street, Philadelphia, PA 19105. The property owner is the Simon Property Group, 225 W. Washington, Indianapolis, IN 46204.
• Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Stoub and carried unanimously. There has been no correspondence received from Five Below.

Mr. Swanson stated that he received a telephone call from the General Contractor stating that he was gathering estimates re: the fire suppression system. Mr. Swanson has telephoned Five Below and received no response. Chairman Fullmer asked him to contact them again and continue this matter to next month. Chairman Fullmer moved to continue this matter to next month, seconded by Ms. Grotzke and carried unanimously.

PUBLIC HEARING RE: 1418 – 55^TH STREET

Chairman Fullmer read the Public Hearing Notice for the 1418 – 55^th Street application published on June 16, 2011 in The Doings Newspaper.A request to establish a dog/cat grooming business which will include an outdoor dog-run, doggie day care and a dog and cat rescue to portions of the City of Countryside Municipal Code (Zoning Ordinance) as follows:

• Consideration of a Special Use pursuant to Section 10-6A-2 (Special Uses), Title 10, Chapter 6 in the Municipal Code to permit a dog grooming facility;
• Consideration of a Special Use pursuant to Section 10-6A-2 (Special Uses), Title 10, Chapter 6 in the Municipal Code to permit an outdoor fenced dog-run;
• Consideration of a variance pursuant to Section 10-6A-1 (Permitted Uses), Title 10, Chapter 6 in the Municipal Code to permit a doggie daycare facility;
• Consideration of a variance pursuant to Section 10-6A-1 (Permitted Uses), Title 10, Chapter 6 in the Municipal Code to permit a dog and cat rescue with the ability to keep up to 8 dogs or cats overnight.

The applicant is The Barker Shop, represented by the business owner, Ms. Kathy Deets, whose business address is 1404 – 55^th St., Countryside, IL 60525. The property is owned by the Fifth Avenue Property Management Corporation, represented by Mr. John Brannen, 901 Burlington Avenue, Suite 4, Western Springs. IL 60558.

Mr. Stoub moved to open the Public Hearing in this matter, seconded by Mr. Toth and carried unanimously. Ms. Deets was sworn in by Chairman Fullmer. The required Proofs of Notice have been received by the Building Department.

CDP Mr. Bryan Swanson made the Staff presentation. He emphasized the importance of small businesses and the expansion of business as an indication of success. The current owner, Ms. Kathy Deets, wishes to expand her business two units to the west at 1418 – 55^th St. The zoning classification is B-1 Retail; estimated acreage is .27 acres. To do so she requires two special uses and two variances. The business is located near the NE corner of Willow Springs Road and 55^th St. The existing Barker Shop is at 1404 – 55^th St. The special uses are to permit a dog grooming facility and an outdoor fenced dog-run. The two variances are to permit a doggie daycare facility and a dog/cat rescue shelter to accommodate 8 animals overnight.

In reviewing the site plan, the proposed expansion site is approximately 2,680 s.f. with a variety of animal uses combined within the area. The dog run, an outdoor fenced area 9×24′ will be on the north side of the location. There is nothing in the Code re: dog run – exercise area. Ms. Deets received a special use permit in 2003 for the existing dog grooming business. She seeks a variance to permit a doggie day care service for employed owners to drop off and pick up animals daily. She also requests a variance to permit dog/cat rescue to accommodate 8 animals overnight. She works with the Animal Care League of Oak Park to provide a facility to house rescue dogs and cats. The PC/ZBA may control the hours of operation and the number of animals housed.

Ms. Kathy Deets stated she has been in this location as The Barker Shop for the past seven years. She has done very well in business and been very successful; she has a great staff and does a good retail business with food and treats. She has been working with Community Support Services in Burr Ridge which she helped develop and design. The lease is expiring on the Barker Shop; she wishes to remain in the area and has found the location to be a safe environment with excellent space, parking, and other amenities necessary for animal handling. She has been heavily involved with rescue animals for the past five years. No one in this area is doing rescue work; this is a great service for the community. Ms. Deets is very committed to what she does. She has had no complaints with neighbors. The doggie day care would involve owners dropping off and picking up dogs daily. She wishes to grow her business, has the necessary experience in all these areas and has many loyal customers.

Chairman Fullmer stated that there are four separate items to be discussed. The special use is needed for expansion to 1418 – 55^th St. They will continue to groom dogs at 1404 and expand into the 1418 site for doggie day care. The beauty salon and Curves, both next-door neighbors, do not have any problem with the dogs – barking, dog run, etc.

The Board discussed dog numbers and the dog run. The dog run will be used for a potty break mainly – and is personally monitored. Board members agree to doggie day care but no overnight boarding of dogs. Hours of operation are 7 am to 6 pm Mon-Fri for the day care. The Animal Care League would show dogs for adoption on Saturdays and Sundays from 6 am to 10 pm. Customers who have one dog usually adopt another dog. Ms. Grotzke works at an animal hospital and is familiar with barking dogs; she agrees with the barking problem. Ms. Deets stated that at present they groom 50 dogs per day and there are no complaints about barking due to the excellent handling by her staff. She is only asking for 8 dogs at night; cats would not be a problem. Dogs are given playtime activities and interaction with people; they are cooperative; dogs for adoption would be screened.

Chairman Fullmer asked about the material of the dog run – asphalt at present, would be replaced with pea gravel. Chicago requires one handler for 12 dogs. Discussion re: dog group behavior – Ms. Deets stated that her staff knows how to manage dogs.

Chairman Fullmer sought comments from interested parties. Mr. Pete Olson, 7201 S. Wolf Road, spoke on behalf of Ms. Deets and her contributions and experiences with animal care. There will be no walking of dogs; they have an indoor treadmill. Ms. Deets closed by stating that neighbors have no problem with the proposed expansion site; she hopes they can move quickly through the zoning process. Mr. Gonzalez moved to close the evidentiary portion of the hearing, seconded by Ms. Grotzke and carried unanimously.

1. Ms. Grotzke moved to permit a dog grooming facility at the property commonly known as 1518 – 55^th St., seconded by Mr. Toth and carried by Roll Call vote – 7/0/1.

2. Ms. Grotzke moved to permit an outdoor fenced dog run at the above property, seconded by Mr. Toth and carried by Roll Call vote – 6/1/1. Mr. Benson opposed.

3. Mr. Toth moved to permit a doggie day care facility, seconded by Mr. Lube who added a maximum of 10 dogs and hours of 7-7 Mon-Fri. with no overnight boarding. Ms. Deets stated that she can’t afford the rent with a 10-dog maximum. Mr. Benson moved to amend the original motion to allow 15 dogs at the doggie day care, hours of operation from 6 am to 7 pm Mon-Fri. with no overnight boarding, seconded by Mr. Stoub and carried by Roll Call vote – 7/0/1.

4. Mr. Lube moved to deny the dog and cat rescue for overnight boarding of up to 8 animals, seconded by Ms. Grotzke and carried by Roll Call vote – 7/0/1. Chairman Fullmer stated that this matter will be on the 7-27-11 agenda of the City Council.

PUBLIC HEARING RE: 5503 LA GRANGE ROAD

Chairman Fullmer read the Public Hearing Notice for the 5503 LaGrange Road

application which was published on June 16, 2011 in The Doings Newspaper.

A request to establish a contractor’s office to portions of the City of Countryside, Il Municipal Code (Zoning Ordinance) as follows:

• Consideration of a Special Use pursuant to Section 10-8C-3 B (Land Use), Title 10, Chapter 8 in the Municipal Code to permit a contractor’s office;
• Consideration of a Special Use pursuant to Section 10-8C-3 B (Land Use), Title 10, Chapter 8 in the Municipal Code to permit a business in which less than 50% of its income is derived from sales which generate a retailers’ occupation tax or service occupation tax for the City;
• Consideration of a variance pursuant to Section 10-10-5 B, (Schedule of Parking Requirements), Title 10, Chapter 10 in the Municipal Code to permit a contractor’s office at a location which provides 16 regular parking stalls instead of the required minimum 18 regular parking stalls.

The applicant is Matrix Contractors, LLC, represented by Mr. Luke Castrogiavanni, 9011 South Natoma Avenue, Oak Lawn, IL 60453. The property is owned by Ms. Madeline Bibeau, 1001 White Pine Trail, Western Springs, IL 60558.

Mr. Toth moved to open the Public Hearing in this matter, seconded by Mr. Lube and carried unanimously. Mr. Castrogiavanni was sworn in by Chairman Fullmer. The required Proofs of Notice were received by the Building Department.

CDP Mr. Swanson made the Staff presentation. Mr. Swanson is happy to fill this vacant commercial property — a very difficult task. The community will gain a high quality service business that will provide a unique retail showroom featuring premium plumbing fixtures, etc. The zoning classification on this parcel is B-2 Limited Service – estimated acreage is .18 acres. The applicant is requesting two special uses and one variance – to permit a contractor’s office and to permit a retail operation in which less than 50% of its income is derived from sales tax. The variance is to allow 16 parking stalls instead of the required 18 parking stalls. There are four spaces inside, for work vans and 12 spaces outside for customers/employees. It is a two-story building with mixed office-retail use.

This property is located within the LaGrange Road (ARC) District between the Mobil Gas Station and the Tire Store. The building has been difficult to lease or purchase; it is more of an office use building. Mr. Lube provided a history of the previous business. A contractor’s office is only permitted along the ARC district by special use consideration. The proposed business fits extremely well in the location with minimal amount of retail traffic for customers wishing to purchase premium plumbing fixtures. Mr. Castrogiavanni provided a rough sketch of the building use. The first floor is a retail showroom, garage area and storage of materials. The second floor has an office, conference room, storage, retail showroom, break room and dispatch. He will utilize 1,500 s.f. of retail showroom space. The building is sprinkled. The four vans will be housed within the building.

Matrix Contractors is acquiring Terry Plumbing, founded in 1949, currently located at 1942 S. Halsted St., Chicago, IL They service larger institutions such as hospitals, etc. They hope to do retail and service contracting for the western suburbs. They are seeking a one-stop shop for plumbing supplies, — purchase and installation of high end faucets, tubs, whirlpools and more recently kitchen cabinet layouts by KDA – whowill provide product display. Regardless of what plumbing product is purchased, customers usually request installation – they do resell to customers and will have service sales contracts. This building is a unique space; it works for them because they have other locations which they intend to keep in Chicago and a warehouse in Oak Forest. They are hoping to reach the middle ground plumbing market. Both companies have the plumbing license; they may change the retail name. Sales tax will be garnered in Countryside. All retail will occur in Countryside. The first floor showroom will feature smaller items, like faucets, etc. while the upper showroom will feature tubs, kitchen layouts, etc. They are trying to become a one-stop shop – supporting the business with remodeling and plumbing installation. He introduced Mr. Terry McCarthy, son of the founder; they are seeking to buy the building. They will employ two designers, probably five total employees. He has met the neighbors and they are cooperative re: parking, if needed. Clients will park outside. Hours of operation are from 6:30 to 5 pm for the office; the retail portion will remain open later; Saturday will be by appointment or half day; closed on Sunday. He is taking a leap in buying this building; if the kitchen market takes off as expected, there is no need to rely on the PILOT fee.

There were no questions from interested parties. Mr. Castrogiavanni had no closing statement. Mr. Gonzalez moved to close the evidentiary portion of the hearing, seconded by Mr. Benson and carried unanimously.

1. Mr. Benson moved to approve the special use to permit a contractor’s office on the property commonly known as 5503 LaGrange Road, seconded by Mr. Stoub and carried unanimously – 7/0/1.

2. Ms. Grotzke moved to approve the special use to permit a business in which less than 50% of income is derived from sales which generate a retailers’ occupation tax, seconded by Mr. Gonzalez and carried by Roll Call vote – 7/0/1. Mr. Swanson stated that since sales and service is involved, there is no recommendation for the PILOT fee. Board agreed.

3. Mr. Lube moved to approve a variance to permit a contractor’s office at a location which provides 16 regular parking stalls instead of the required 18 parking stalls, with no outside overnight truck or equipment parking, at the property commonly known as 5503 LaGrange Road, seconded by Mr. Toth and carried by Roll Call vote – 7/0/1.

Chairman Fullmer stated that this will come before the City Council at its Regular Meeting on July 27, 2011.

PUBLIC HEARING RE: TEXT AMENDMENTS

Chairman Fullmer suggested that the Text Amendments be continued to next month.

Board agreed.

ADJOURNMENT

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

Chairman Fullmer declared the meeting adjourned at 9:50 p.m.

RICHARD FULLMER, JR., CHAIRMAN