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 6, 2010

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

ABSENT: Mr. Richard Toth

ALSO PRESENT: Atty. Erik Peck, Ald. Pondelicek, CDP Swanson,

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the June 1, 2010 meeting. Ms. Grotzke 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: EDWARD JONES, 6555 WILLOW SPRINGS ROAD

Chairman Fullmer read the notice of Public Hearing published in The Doings Newspaper on June 10, 2010, to consider a special use application to allow an Edward Jones Office (classified as a financial institution):

A special use to Section 10-6B-2, Title 10, Chapter 7, Article B, in the City of Countryside Municipal Code, to allow an Edward Jones Office (classified as a financial institution) — At the real estate commonly known as 6555 Willow Springs Road, Countryside, IL 60525. The applicant is the Edward D. Jones Company, represented by Mr. Jeffrey Schappe, Agent, with Cassidy Turley, 1245 JJ Kelley Memorial Drive, 2d Floor, St. Louis, Missouri 63131.

Mr. Moss moved to open the Public Hearing in this matter, seconded by Mr. Stoub and carried by unanimous voice vote. Mr. Schappe was sworn in by Chairman Fullmer.

CDP Mr. Swanson acknowledged receipt of Proof of Notice by the Building Department.

Mr. Swanson made the Staff presentation. This matter requires a special use in the B-2 limited service district to allow an Edward Jones office (classified as a financial institution). The current zoning is B-2 limited service with a special use designation for the Countryside Cat Clinic. Estimated square footage of the property is 73, 720; estimated acreage is 1.69; estimated square footage of the building is 18,000. The property has two curb cuts along Joliet Road and along Willow Springs Road. The property is adjacent to the Score Fitness on the east, the ClockTower Point PUD Zoned R-5 on the north and a bank zoned B-1 on the south. An aerial photo of the property was provided.

Edward Jones desires to locate a financial advising office in the Willow Court Plaza shopping area; the office will employ 2-3 people and use approximately 1,000 s.f. Financial institutions are classified as a special use in the B-1, B-2 and B-3 zoning districts. The following conditions may be considered: hours of operation and in-lieu fee of the 1,000 s.f. of office space which does not produce a sales tax. There was an Edward Jones office in this location about 20 years ago. Wells Fargo replaced Edward Jones and now Edward Jones wishes to return.

Mr. Schappe is an agent for Edward Jones; his primary duty is to open offices around the country; primarily focusing in Illinois and Indiana. Edward Jones has approximately 12,000 offices nationwide. Their business model is based on serving serious investors seeking long-term investment information and financial planning. This is an ideal location and will benefit the community. Edward Jones has three offices in Riverside, one in Brookfield, a couple in LaGrange; their hours are generally 8 a.m. to 5 p.m. but special arrangements are made with clients for after hours. A busy office may generate 8-10 clients per day or more. They will use a box sign on the building

Financial institutions do not generate sales tax – discussion re: major retail space and in-lieu fee structure. There were no further questions from Board members or the audience. Mr. Schappe made a final closing statement seeking approval for the venture. Chairman Fullmer noted that this is an office building use in a retail shop complex. Mr. Lube moved to close the Public Hearing in this matter seconded by Mr. Jasinski and carried unanimously.

Mr. Moss moved to permit a special use for the operation of an Edward Jones office for financial advising on the property commonly known as 6555 Willow Springs Road, seconded by Ms. Grotzke and carried by Roll Call vote – 7/1/1. Chairman Fullmer opposed. This recommendation will come before the City Council at the July 14, 2010 Regular Meeting.

PUBLIC HEARING RE: TAVERN ON LA GRANGE, 5403 LA GRANGE ROAD

Chairman Fullmer read the Notice of Public Hearing published in The Doings Newspaper on June 10, 2010 to consider a variance to allow an off-site parking facility to accommodate the banquet and bar/club use in the basement of Tavern on LaGrange to portions of the City of Countryside Municipal Code –

• A variance to Section 10-10-2E (control of off-site parking facilities), Title 10, Chapter 10 of the Municipal Code to allow off-site parking facilities which are not under common ownership or possession;

At the real estate commonly known as Tavern on LaGrange, located at 5403 South LaGrange Road, Countryside, IL 60525.

Consideration of a variance to allow an off-site parking facility to accommodate the banquet and bar/club use in the basement of Tavern on LaGrange to portions of the City of Countryside Municipal Code –

• A variance to Section 10-10-4B (Location of accessory off-street parking facilities – uses in business and manufacturing districts), Title 10, Chapter10 of the Municipal Code to allow an off-site parking facility which exceeds the 600 foot distance of the use served, At the real estate commonly known as Tavern on LaGrange, located at 5403 South LaGrange Road, Countryside, IL 60525.

Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Stoub and carried by unanimous voice vote. Mr. Arce was sworn in by Chairman Fullmer. Mr. Swanson acknowledged receipt of Proof of Notice by the Building Department.

Attorney Peck stated that this hearing will address off-site parking at 9825 W. 55^th St. for Tavern on LaGrange, 5403 W. LaGrange Road, and has nothing to do with actually permitting banquets or club use in the basement of 5403 LaGrange Road.

Mr. Swanson made the Staff presentation: Tavern on LaGrange is located at 5403 LaGrange Road (Bobolink and LaGrange Road). The current zoning is B-2 limited service and the parking lot is R-3 one family. Estimated square footage of the property is 19,983; the first floor is 5,000 s.f. the basement is 3,149 s.f. Estimated acreage of all four lots is 0.34 acres. The 9825 W. 55^th St. property is currently zoned B-3 service and wholesale; estimated square footage is 56,911, estimated acreage is 1.30 acres; distance from Tavern on LaGrange is 1,500 feet. The parking lot has 120 parking spaces and is on the south side of 55^th St.

Mr. Arce desires to operate the lower portion of the restaurant for banquet and bar/club uses; the area is 3,149 s.f.; the parking demand for that portion is 16 spaces. At present Mr. Arce has parking at the rear of the property for the first floor area only. The bar/club portion will be open on Wednesdays and Fridays with the banquet portion open the remaining days. He must have additional parking for the basement; thus the reason for this hearing tonight. Mr. Arce proposes to provide those spaces at 9825 W. 55^th St. Mr. Arce neither owns nor controls that property. He has a one-year contract with the property owner to utilize the space for parking. Mr. Arce is seeking a variance to Section 10-10-2 E; he intends to valet park each vehicle at that location, which is about 1,500 feet from Tavern on LaGrange. He also seeks a variance to Section 10-10-4 B since the 9825 W. 55^th St. Location is more than 600′ from the use served.

The Fire Protection District has not completed a full inspection of the basement nor have they determined the occupancy load. The Cook County Department of Health has not approved the basement portion for occupancy. Mr. Arce is waiting for approval from both agencies named above. Extended discussion regarding the parking lot distance and the roadways by which cars will be ferried back and forth. They cannot come down 6^th Avenue which is a residential neighborhood. Mr. Arce has hired a valet company; customers will never park their own cars. Attendant service begins at 6 p.m.; there is a chain across the gate; lights and a parking monitor are provided. Mr. Arce has a lease contract with an option to purchase the lot. Neighbors are not happy with the bar/club in the basement. It is not an upscale restaurant as promised. Ms. Grotzke read from the minutes of the 9-5-06 hearing wherein it was noted that . . .the basement will be used primarily for mechanical equipment, refrigeration and storage and will not be turned into a banquet room. Mr. Arce does not recall that statement; the economy was better at that time. Plan Commission approval hinged on that statement. Mr. Arce has another option for a parking lot with Johnson Floor Co. Basement patrons must be aged 25 and older to enter that area. Chairman Fullmer suggested that this matter be tabled to the August hearing to provide time for Attorney Peck to further research the past history.

Chairman Fullmer asked for comments from Interested Parties. Laura Rekash, Georgeann Rekash, 5416 – 6^th Ave., Laverne Mesina, 5343 – 6^th Ave. and Sam Bernard, 5345 – 6^th Avenue all objected to the noise, the volume of traffic and stated that there are no sidewalks on Bobolink. They don’t see how remote parking will work without major disruption to the peace and quiet of the neighborhood. Customers will not wait for the valet parking; stop signs will be ignored; general chaos and major inconvenience will result. Chairman Fullmer moved to continue the evidentiary portion of this matter to the August 3 meeting, seconded by Mr. Gonzalez and carried by Roll Call vote – 6/2/1. Mr. Lube and Mr. Moss opposed. Chairman Fullmer urged Mr. Arce to seek other parking within 600′ of the property.

Chairman Fullmer received a letter from Mr. Martin Maas, of Maas Auto, 1500 W. 55^th St. regarding the proposed sign, asking the Board to remove his item from the agenda at this time. He will reapply at a later date. The Board agreed.

HEARING RE: MR. ALEXANDER TOMICH, 9730 W. 57^TH ST.

Chairman Fullmer read the Notice of Public Hearing published in The Doings Newspaper on June 10, 2010, re: installation o f a five-foot aluminum fence on a corner lot requiring the following variances:

• A variance to Section 8-3-1 (fences, shrubs, hedges and decorative structures) D-5 – Prohibited Fences, Title 8, Chapter 3, in the Municipal Code, to allow a five foot high fence located in the front yard setback which exceeds the three foot maximum height;

• A variance to Section 10-2-4-5 (permitted obstructions in required yards), Title 10, Chapter 2 in the Municipal Code to allow a fence which obstructs into the required front yard setback on 9^th Avenue at the real estate commonly known as 9730 W. 57^th St, Countryside, IL 60525.

The applicant is the property owner, Mr. Alexander Tomich, 9730 W. 55^th St., Countryside, IL 60525.

Mr. Tomich was sworn in by Chairman Fullmer. Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Stoub and carried unanimously. CDP Mr. Swanson acknowledged receipt of Proof of Notice by the Building Department.

Mr. Swanson made the Staff presentation. This property is zoned R-3 one family; estimated s.f. is 11,041; estimated s.f. of the building is 2,549. Mr. Tomich is seeking a variance to Section 8-3-1 to allow a five foot high fence located in the front yard setback exceeding the three-foot height. He also seeks a variance to Section 10-2-4-5 to allow a fence which obstructs into the required front yard setback on 9^th Ave. Mr. Tomich desires to provide additional security for his young children and pet; the proposed fence is approximately 14 feet from the property line on 9^th Avenue. The aerial photo and property photo with a fence were viewed.

Mr. Tomich stated that he has three young children ages 6, 4 and 2 and would like to get a pet. The fence will enclose the entire yard and will help protect the children from harm. It is an open see-through design fence. Placement from the house to the north side of the property will cut the back yard in half. Chairman Fullmer read the three conditions necessary to approve a variance. Mr. Al Brown, 9900 57th St. does not oppose the fence placement. Ms. Grotzke moved to close the public hearing in this matter, seconded by Mr. Lube and carried unanimously.

Mr. Lube moved to permit two variances on the subject property – 1) to allow a five-foot high fence rather than the maximum three-foot high fence, and 2) to permit the construction of the fence in the front yard setback on 9^th Ave. which would be 14 feet off the property lot line rather than 30 feet off the property lot line, in substantial compliance with the proposed location plan; additionally that the fence will be extended from east to west to close off the entire back yard, as indicated by applicant; including the plan from Olford Design, as an exhibit showing an open see-through design fence, seconded by Ms. Grotzke.

AYES: Moss, Grotzke, Lube, Fullmer

NAYS: Jasinski, Gonzalez, Benson, Stoub

Motion failed – 4/4/1.

Mr. Jasinski objects to the protrusion into the front yard setback. He noted that it sets a precedent leading to the eventual fencing of all yards in the neighborhood. Mr. Stoub believes the fence should conform to the three-foot level. Chairman Fullmer stated that pit bulls were reported in the area; three feet is too low. Mr. Gonzalez has mixed feelings; he questioned utility easements. Mr. Benson objects to the height of the fence and setting a precedent. He suggested that two votes be taken on the subject.

Mr. Benson moved to allow the five-foot high fence in the front yard setback, in excess of the maximum three-foot high fence, seconded by Mr. Moss.

AYES: Grotzke, Stoub, Moss, Gonzalez, Lube, Fullmer, Benson

NAYS: Jasinski

Motion carried – 6/2/1.

Mr. Benson moved to permit construction of a five-foot high fence in the front yard setback on 9^th Ave. which would be 14 feet off the property line instead of the required 30 feet, seconded by Mr. Moss. Motion carried by Roll Call vote – 7/1/1 – Mr. Jasinski opposed. This recommendation will come before the City Council at its Regular Meeting on July 28, 2010.

OTHER BUSINESS

Discussion returned to Mr. Arce and Tavern on LaGrange in relation to parking requirements for food establishments. Committee agreed to revisit the Code to review the parking recommendations for food establishments. This matter will be put on the agenda to consider updating requirements for restaurants/bars – and continued as needed. Mr. Peck will investigate the matter and provide the committee with a short memo on exactly what was approved in 2006. Mr. Peck will review requirements for proceeding. The City will request a written opinion from the Fire Protection District and the Cook County Health Department re: occupancy permit. Residents and Board members do not believe this restaurant is considered an upscale establishment, as promised by the owner.

Mr. Swanson stated that next month’s agenda will include a martial arts school wishing to lease a portion of Ben’s Rental building on Plainfield Road; the Dutch Village and What A Deal each requesting special use for outdoor sales.

Also 1415 – 55^th St. – requesting rezoning from B-1 to O office use;

1516 – 55^th St. requesting special use for a salon.

Mr. Lube asked to investigate lighting at the CITGO Station on 55^th and Brainard; the lights are too bright and blazing. Mr. Swanson will investigate.

ADJOURNMENT

Mr. Gonzalez moved to adjourn the meeting, seconded by Ms. Grotzke and carried by unanimous voice vote.

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

RICHARD FULLMER, JR., CHAIRMAN