PLAN COMMISSION/ZONING BOARD OF APPEALS
CITY OF COUNTRYSIDE
NOVEMBER 14, 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: OCTOBER 3, 2006
1. TO CONSIDER A VARIANCE TO SECTION 10-6A-1 TO ALLOW OUTDOOR SALES AT THE REAL ESTATE COMMONLY KNOWN AS 9828 WEST 55TH STREET. THE NAME OF THE APPLICANT IS TERRY AHERN – WHOSE ADDRESS IS 25210 CANAL ROAD NORTH, MINOOKA, IL.
2. TO CONSIDER AMENDMENTS TO PORTIONS OF THE ZONING CODE REGARDING ACCESSORY BUILDINGS, SPECIFICALLY SECTIONS 10-2-9, AND 10-5F-8.
3. ZONING CLARIFICATION QUESTION REGARDING ADULT USE IN THE M-1 OR M-2 ZONING DISTRICT.
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, NOVEMBER 14 , 2006
Chairman Fullmer called the meeting to order at 7:30 p.m. He appointed Mr. Jasinski Acting Secretary for tonight’s meeting, carried by unanimous voice vote. Acting Secretary Jasinski called the Roll; the following members were present:
PRESENT: Chairman Richard Fullmer, Jr., Acting Secretary Steve Jasinski, Mr. Edward Ziemba, Mr. Frank Thullen, Ms. Tina Grotzke
ABSENT: Mr. Robert Lube, Mr. Daniel Moss, Mr. Richard Roth, Ms. Cynthia Schulz
ALSO PRESENT: Mayor LeGant, Ald. Michalczyk, Ald. Pondelicek, Ald. Conrad, Attorney Erik Peck, MBA Hudson, CDP Swanson
APPROVAL OF MINUTES
The first order of business was approval of the minutes of the October 3, 2006 meeting. Ms. Grotzke moved to approve the minutes as presented, seconded by Mr. Ziemba 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.
Chairman Fullmer read the Notice of Public Hearing to consider a variance to Section 10-6A-1 to allow outdoor sales at the real estate commonly known as 9828 W. 55th St. The Applicant is Terry Ahern, 25210 Canal Road North, Minooka, IL Motion of Mr. Jasinski to Open the Public Hearing in this matter, seconded by Ms. Grotzke and carried by unanimous voice vote. Mr. Hudson stated that adequate Proof of Notice has been published. As part of the City’s uniform enforcement program, any establishment having outside sales of merchandise requires a variance. Merchandise is displayed outside this building; Mr. Ahern seeks relief from the variance.
The applicant was sworn in by Chairman Fullmer and testified as follows: Mr. Ahern owns the Bike Shop on 55th St. for the past 38 years; he has a very small store which would be crowded if 2-3 customers stood inside. His store sits back 100 feet from the street. He has bicycles displayed in racks in an orderly fashion on a daily basis. All merchandise is taken in every evening at closing time. His shop is too small to accommodate any merchandise; it would prove a definite hardship to do anything else. Bikes would create a hazard if they were indoors. He has approximately 50-60 bicycles out in the summer, less in the winter; he has only had one theft problem in all that time.
Mr. Hudson stated that Mr. Ahern is seeking to continue this practice for the amount of bicycles he currently has. This is an existing non-conforming use, with merchandise stored outside in violation of city ordinance. Board members are all familiar with the establishment and agreed that bikes are displayed in an orderly manner and are returned to the premises on a nightly basis.
Mr. Jasinski discussed the rehabilitation of 55th St. and the mechanical decoration, namely the gorilla. Mr. Ahern provided some background. The gorilla was purchased in 1970 to attract attention because the business is set so far back off the street. Today the gorilla is considered a city landmark. Also the strobe light bike is distracting to drivers going east on 55th St. The difference between the bike shop and other city establishments is that his product is brought in every evening. He does have a hardship with the location of the building. Mr. Jasinski stated that landscaping options should be explored at this time as part of conditional approval. Mr. Hudson stated that faÌ¤ade improvements could be incorporated as a condition to accept outside sales. There were no interested parties and no other questions from the Board. Mr. Ahern had no Closing Statement. Mr. Jasinski moved to close the evidentiary portion of this hearing, seconded by Ms. Grotzke and carried unanimously.
Mr. Jasinski moved to grant a variance to Section 10-6A-1 of the Zoning Code to permit outdoor sales on the property commonly known as 9828 W. 55th St. on two conditions: — (1) that the product is removed every night; and (2) that the applicant work with City staff regarding faÌ¤ade and landscape improvements on the subject property, seconded by Ms. Grotzke and carried unanimously by Roll Call vote – 5/0/4. This recommendation will come before the City Council on December 13, 2006 for final approval.
Chairman Fullmer read the Notice of Public Hearing to consider amendments to portions of the Zoning Code regarding accessory buildings, specifically Sections 10-2-9 and 10-5F-8. Mr. Hudson presented Board member with a flow chart and discussed the differences between R-7 and R-1. On lots larger than one acre, R-7 previously allowedfor a floor area of 1,200 s.f. on an accessory building. In the rest of the City, the maximum allowable area is 720 s.f. or 40% of the lot. The intent is to maintain the accessory building regulation at 720 s.f. — only allowing an exception in R-7. The height allowance is 15 feet. Chairman Fullmer asked Mr. Hudson to present the entire explanation at the December hearing when the balance of Board members will be present. Chairman Fullmer moved to continue this matter to the December hearing, seconded by Mr. Ziemba and carried by unanimous voice vote.
Chairman Fullmer read the Notice of Public Hearing for the zoning clarification question regarding adult use in the M-1 or M-2 zoning district. Mr. Hudson stated that upon examining the Zoning Ordinance they discovered that adult uses in the M-1 manufacturing district are a permitted use. As a permitted use, there are some properties within the City that have the right to such use. The question is whether the Board wishes to consider this as a recommendation for a special use or permitted use. Special use gives the Board additional leverage in regulating these establishments. There is a significant ordinance in place regulating adult uses including tattoo parlors. Mr. Hudson recommends that the adult use be made a special use so that anyone would have to come before the PC/ZBA prior to starting such a business. Mr. Peck stated that two detailed ordinances are in place with regard to where an adult use can be placed and requirements that must be met to obtain a business license for adult use. The special use adds one more step and affords more control over adult uses. Chairman Fullmer directed Mr. Hudson to publish the Notice of Public Hearing recommending that adult uses be made a special use. Board members agreed to the recommendation. This matter will be scheduled for hearing.
Discussion regarding matters on the agenda for the next monthly hearing, which will be held on December 5, 2006.
There being no further business to discuss, Ms Grotzke moved, seconded by Mr. Ziemba to adjourn the meeting. Motion carried by unanimous voice vote.
Chairman Fullmer declared the meeting adjourned at 8:15 p.m.