PLAN COMMISSION/ZONING BOARD OF APPEALS
CITY OF COUNTRYSIDE
OCTOBER 3, 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: AUGUST 22, 2006
1.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.
2.TO CONSIDER AN APPLICATION TO RE-ZONE THE REAL ESTATE COMMONLY KNOWN AS 10050 WEST 55TH STREET FROM THE CURRENT R-1 WITH A SPECIAL USE TO B-1 RETAIL CLASSIFICATION. THE NAME OF THE APPLICANT IS GPD GROUP – BEING REPRESENTED BY RYAN OYSTER WHOSE ADDRESS IS 530 S. MAIN STREET SUITE 2531, AKRON, OH, 44311.
3. TO CONSIDER AMENDMENTS TO PORTIONS OF THE ZONING CODE REGARDING ACCESSORY BUILDINGS, SPECIFICALLY SECTIONS 10-2-9: (D), AND 10-2-9: (E), AND TO CONSIDER AMENDMENTS TO PORTIONS OF THE ZONING CODE REGARDING PERMITTED USES, SPECIFICALLY SECTION 10-7A-2: (B), AND TO CONSIDER AMENDMENTS TO PORTIONS OF THE ZONING CODE REGARDING THE DEFINITION OF FLOOR AREA GROSS, SPECIFICALLY SECTION 10-1-3(B): (A).
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, OCTOBER 3, 2006
Chairman Fullmer called the meeting to order at 7:30 p.m. Secretary Lube called the Roll; the following members were present: Chairman Richard Fullmer, Jr., Secretary Robert Lube, Mr. Edward Ziemba, Mr. Frank Thullen, Mr. Daniel Moss, Ms. Cynthia Schulz, Ms. Tina Grotzke, Mr. Richard Toth
ABSENT: Mr. Steve Jasinski
ALSO PRESENT: Mayor LeGant, Ald. Michalczyk, Ald. Pondelicek, Ald. Smetana, Attorney Erik Peck, MBA Hudson, CDP Swanson
APPROVAL OF MINUTES
The first order of business was approval of the minutes of the September 5, 2006 meeting. Mr. Toth moved to approve the minutes as presented, seconded by Mr. Thullen and carried unanimously.
Chairman Fullmer stated 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. Please silence all cell phones and pagers.
Chairman Fullmer read the Notice of Public Hearing to consider a rezoning 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 Avenue. Mr. Peck stated that this matter was previously before the Board on July 11, 2006. At that time the property owner, Mr. Robb, sought a continuance to obtain an attorney. Mr. Robb and his attorney, Mr. Stefaniak are present tonight. The City Planner, Mr. Houseal, is the City’s witness; he is unable to attend this meeting. The City requests a continuance. The next meeting is set for November 7, which is Election Night. After discussion, the PC/ZBA will keep the regular hearing date; however, Mr. Stefaniak requested that this matter be continued to December 5, 2006. Board members agreed. Mr. Lube moved to continue the hearing on 10035 5th Ave. to December 5, 2006, seconded by Ms. Grotzke and carried unanimously.
Chairman Fullmer read the notice of Public Hearing to consider an application to rezone the real estate commonly known as 10050 West 55th St. from the current R-1 with a Special Use to B-1 retail classification. The applicant is GPD Group, 520 S. Main St., Suite 2531, Akron, OH 44311, represented by Ryan Oyster, Staff Engineer.
Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Toth and carried unanimously. Mr. Oyster was sworn in by Chairman Fullmer. The Building Department has received proof of notice in this matter.
Mr. Oyster stated he is with GPD Group representing Young Brands, and seeks rezoning of the Long John Silver’s property from a residential district to a business district. He presented a map showing adjacent properties at the intersection of 55th St. and LaGrange Road are zoned B-1. Chairman Fullmer asked why the property should be rezoned at this time. Mr. Oyster stated that Long John Silver’s is seeking other options for this property; the store is not doing well and something must be done. At present it is a corporate-owned store; in order to get a specific franchise to purchase they need this property rezoned for business use. They are also considering selling the property to parties other than franchisees. It is very difficult for Long John Silver’s to do anything with property zoned residential.
Mr. Lube stated that the entire area behind and across the street is zoned residential. B-1 zoning does leave the area wide open. Mr. Oyster stated that they do not have specific plans at this time. Chairman Fullmer stated that the City will not relinquish control over the parcel by providing carte blanche zoning. Mr. Oyster stated that the City would have control if another restaurant came in. Several uses in the B-1 district are required to seek Board approval. Drive-in or drive-thru also require Special Use. Chairman Fullmer read the list of at least 50 permitted uses in the B-1 business district allowed without Board approval. Financial institutions are listed under B-1 Special Use. Mr. Lube stated when Long John Silver applied they were given a Special Use under R-1 for the restaurant and drive-thru; that was 30 years ago. If they ever sold, it would revert back to the original zoning. Mr. Oyster provided photographs depicting the intersection from all directions showing commercial enterprises on both sides adjacent to residential. Sara LaRue, representing Young Brands, is also present tonight, to discuss the store from an operational standpoint. She stated that any future owners would purchase the property outright.
Chairman Fullmer opened questioning to interested parties. Bill Johnson, 5549 S. Madison suggested that they sell the property with the same zoning. Vladko Popowski, 5437 S. Ashland stated that the owner should state definite plans; not keeping options open. Frank Zickus, 7375 Prescott Lane, stated that lot has housed the same business for 30 years; changing the zoning would make it more marketable. In maintaining some control, the City favors continued use of a reasonable business on that site without a change in zoning. The City does control the available business license necessary; they would like to keep it as an income-producing property. Roger Marenkov, 7424 Prescott Lane, stated this is not a profitable store; they would lose the zoning if it remained closed for six months.
Mr. Hudson provided the staff report stating that the current business is a non-conforming use within the R-1. The restaurant is seeking a zoning change to B-1 with special use for drive-thru service. The City’s comprehensive plan designates this site as a business use. The requested change is in conformance with the comprehensive plan. Chairman Fullmer stated that the PC/ZBA could keep the property as it is or rezone it to B-1. Mr. Lube moved to close the evidentiary portion of the hearing, seconded by Mr. Ziemba and carried unanimously.
Ms. Grotzke moved to deny rezoning 10050 W. 55th St. from R-1 to B-1 with Special Use for drive-thru, seconded by Mr. Thullen. The petitioner has failed to establish the requirements necessary for rezoning and special use. The motion was carried by unanimous Roll Call vote – 8/0/1. Chairman Fullmer stated that this recommendation will come before the City Council at its Regular Meeting on October 25, at 7:30 p.m.
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: D and 10-2-9: E, and to consider amendments to portions of the Zoning Code regarding permitted uses, specifically Section 10-7A-2: B, and to consider amendments to portions of the Zoning Code regarding the definition of gross floor area, specifically Section 10-1-3(B):A. Mr. Hudson, Manager of Building Administration, stated that Sections 10-2-9: D and 10-2-9: E were published prior to making the proposed changes. Other sections of the Ordinance need to be addressed in addition to those two specific sections. He requested that those Accessory Building sections be republished so that all of the exclusions, exceptions and zoning districts are included in one place. There is no change in intent; the definition will be clearer. The PC/ZBA agreed.
Mr. Hudson stated that text amendment 2 regarding permitted uses in the M-1 manufacturing district, Section 10-7A-2: had an apparent contradiction in the phrase except meat and fish – meat processing was allowed later. The proposed text, as noted on page 8, is to delete the parenthetical statement except meat and fish. Everything else remains the same. Mr. Moss moved to approve the revised text as stated above, seconded by Ms. Grotzke and carried by Roll Call vote – 8/0/1
Text amendment 3 is noted on page 9, discussing the calculation of gross floor area. They propose that the definition be changed only in Section, A to match the language Council adopted for the gross floor area calculation for permit fees, making them both the same. Habitable space for purposes of living, sleeping, eating or cooking – is counted towards the gross floor area of the house; bathrooms are excluded. The reason for the change is that the City adopted the Building Code that includes this phrase; the language should be the same so that one set of calculations is used when going through the building / zoning process. He recommends that the same text be utilized so that only one definition of gross floor area is used throughout. Mr. Peck stated that by City ordinance and state law, any amendments to the Zoning Code must come before the PC/ZBA, who then make a recommendation to the City Council. Modifications to the Building Code are done by the City Council. Mr. Hudson stated that the City adopted the International Building Code at the last meeting. He is now seeking adoption of the revised Zoning Code language to conform to the Building Code language. Chairman Fullmer moved to approve the revised language, seconded by Mr. Ziemba and carried by Roll Call vote – 8/0/1.
Mr. Hudson has been contacted by a prospective business owner seeking to open a dog training/boarding facility. They are considering a property zoned B-3, wholesale. They propose the use of an open break area enclosed by an opaque fence, eight feet high. In Section 10-6C-1, the permitted uses allow a pet shop or animal hospital when conducted wholly within an enclosed building. The question is does the opaque fence area meet that definition. Mr. Lube stated that the location and proximity to residential area is a key issue. The property is approximately 30 feet from an alley that is adjacent to residential. Fifteen dogs would be supervised in the outdoor area for a short period of time. Mr. Hudson seeks direction from the PC/ZBA regarding this matter. In building of 7,500 square feet, the applicant can handle 60 dogs over night. The applicant asked where a facility of this type might be permitted in Countryside. It may not be feasible any place within the City, even if it were allowed in the industrial park. The Board will take the matter under advisement. Mr. Hudson asked Mr. Peck to render an opinion as to whether the opaque fence constitutes an enclosed building.
OLD AND NEW BUSINESS
Chairman Fullmer asked Board members to drive past Mayor LeGant’s house at 5320 Madison, to look at the new construction directly to the south. No variances were requested on that home; it is within Code. He asked Board members to consider the size of the home and how much of the lot is filled. A substantially larger home was proposed; the lot size is 50×125 feet; a home of 1,900 sq. ft. is allowed. Chairman Fullmer asked whether the floor area ratio is adequate for various sections of the City. A different FAR is used when the garage is attached to the home.
Chairman Fullmer stated that the Council agreed with the PC/ZBA on all variations for the restaurant on LaGrange & Bobolink except for signage; they approved the entrance illuminated sign. The sign ordinance re: other city signs will be reviewed by Mr. Hudson.
There being no further business to discuss, Ms Grotzke moved to adjourn the meeting, seconded by Mr. Lube and carried by unanimous voice vote.
Chairman Fullmer declared the meeting adjourned at 8:48 p.m.
RICHARD FULLMER, JR., CHAIRMAN