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 5, 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, Ms. Tina Grotzke, Mr. Crecencio Gonzalez IV, Mr. Mark Benson.

ABSENT: Mr. Daniel Moss, Mr. Richard Toth

ALSO PRESENT: Atty. Erik Peck, CDP Swanson, Ald. Pondelicek, Ald. Michalczyk, Ald. Straza, Chief Ruth

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the September 7, 2010 meeting. Ms. Grotzke moved to approve the minutes as presented, seconded by Mr. Lube 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: 10650 W. 67^TH STREET

Chairman Fullmer read the Notice of Public Hearing for the following variances and special use requests published in The Doings Newspaper on September 16, 2010,

Variances to the Municipal Code

Consideration of a variance pursuant to Section 10-2-9 D of the Municipal Code to allow an accessory structure which will be located closer than ten feet to another structure;

Consideration of a variance to Section 10-2-9I-2 of the Municipal Code to allow an accessory structure when combined with other existing accessory structures exceeds the maximum allowable size of 720 square feet;

Consideration of a variance to Section 10-2-9 G-2 of the Municipal Code to allow an accessory structure when combined with other existing accessory structures exceed 720 square feet – at the real estate commonly known as 10650 W. 67^th Street, Countryside, IL 60525.

The applicants, Mr. & Mrs. Riccardone, were sworn in by Chairman Fullmer. Proofs of Notice have been received by the Building Department. Mr. Jasinski moved to open the Public Hearing in this matter, seconded by Mr. Stoub and carried unanimously.

CDP Swanson presented the Staff report as follows: The property at 10650 W. 67^th St. is zoned R-1 one family; estimated s.f. of the property is 57,984 (two lots) or 1.33 acres. The property owners recently lost their accessory building in a fire; due to zoning code changes, construction of a new building requires variances. Situated on the property are two detached buildings, a 576-s.f. garage and a 65-s.f. shed. The proposed new structure is approximately 418 s.f. and will be used to store lawn equipment, no vehicles. The three buildings combined exceed the maximum allowable size of 720 square feet. As planned the new garage will be 7 feet away from the small shed. Aerial photos were viewed as well as ground photos of the area where the garage stood. This is a very large property surrounded by other R-1 zoned properties.

Mr. & Mrs. Riccardone both testified as to the need for the structure to store riding mowers and push mowers. The small shed is used for keeping hand tools plus gas and oil to run the other equipment. The new structure will have a barn door to allow for riding the mowers in and out of the garage. The original structure was a horse barn, over 35 years old. They need the space and asked for Council approval at the next meeting. Since land area is no problem, Board members requested that the garage be placed at least ten feet away from the small shed. Mr. Riccardone agreed.

Chairman Fullmer asked for comments from interested persons. Ron Zmuda, 10640 W. 67^th St., a neighbor, has no objection to the new building. Rich Crossland, 10701 – W. 67^th St., stated that the building is not offensive and he has no problem. There were no other questions from Board members or interested persons. Mr. Stoub moved to close the evidentiary portion of the hearing, seconded by Mr. Lube and carried unanimously.

For the record Mr. Peck included drawings from Better Built Supply Company as Petitioner’s Exhibit A. Ms. Grotzke moved to approve two variances on the property commonly known as 10650 W. 67^th St. to allow the accessory structure that combined with other structures exceeds 720 square feet, and to allow rebuilding the garage provided it is at least ten feet from the small shed and in substantial compliance with Petitioner’s Exhibit A, seconded by Mr. Lube and carried by Roll Call vote – 7/0/2.

Ms. Grotzke moved to deny the variance to Section 10-2-9D of the municipal code to allow an accessory structure which will be located closer than ten feet to another structure, seconded by Mr. Lube and carried by Roll Call vote – 7/0/2. Chairman Fullmer advised that this matter will come before the City Council on 10-13-10.

PUBLIC HEARING RE: MOBIL GAS STATION, 5501 S. LA GRANGE ROAD

Chairman Fullmer read the Public Notice of Hearing published on September 16, 2010 in The Doings Newspaper to consider a special use to operate an electronic sign and variance to allow a non-conforming free-standing sign at 5501 S. LaGrange Road, (Mobil Gas Station), Countryside, IL 60525 as follows:

Special Use to the Municipal Code

Consideration of a special use pursuant to Section 8-5-9 (A) to retrofit LED gas price digits into an existing double-sided free-standing sign;

Variance to the Municipal Code

Consideration of a variance pursuant to Section 8-5-9 (B-3) to allow an existing free-standing sign with a height of 29’9 instead of the maximum allowable height of 20’0 – at the real estate commonly known as 5501 S. La Grange Road, Countryside, IL 60525.

The applicants, Mr. Gleitsman and Mr. Sultan, were sworn in by Chairman Fullmer. Proof of Notice has been received by the Building Department. Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Jasinski and carried unanimously.

CDP Swanson presented the Staff report. The property at 5501 S. LaGrange Road, commonly known as Mobil Gas Station, is zoned B-2, Limited Service with estimated s.f. of 25,050 or .57 acres. The owner desires to install an LED price cabinet in an existing free-standing sign. The LED sign requires a special use to operate and a variance to allow the 29’9 legal non-conforming sign. A variance is required because the sign is 29’9 high instead of the required 20’0 maximum. The canopy is also 20 feet high. The property is on the SE corner of 55^th St. and LaGrange Road. The owner has signed the Affidavit of Understanding. A rendering of the proposed sign was shown. At present the owner must utilize changeable digits for the gas prices. The price cabinet is 23 s.f. with 12 high red LED digits on each side for a total of 16 s.f. of electronic signage.

Mr. Gleitsman stated there is no intent to change the existing sign whatsoever. It is simply a face change, remove the digits and put LED signage into the existing cabinet. Everything else is within code. The other option is installing a new sign, which is not cost-effective. Mr. Stoub asked what is the cost of a new sign – approximately $4,000 to $5,000 range. This sign has been in place for 20 years. There were no questions from interested parties or from other Board members. Mr. Lube moved to close the evidentiary portion of the public hearing, seconded by Ms. Grotzke and carried unanimously.

Mr. Peck stated that this recommendation is to approve a special use for LED signage in compliance with Petitioner’s Exhibit A, renderings from IMAGEFX. Mr. Jasinski moved to approve a special use pursuant to Section 8-5-9A to retrofit LED gas price digits into an existing double-sided free-standing sign on the property commonly known as 5501 S. LaGrange Road, in substantial compliance with Petitioner’s Exhibit A, seconded by Mr. Benson and carried by Roll Call vote – 7/0/2.

Ms. Grotzke moved to approve the variance pursuant to Section 8-5-9 (B-3) to allow an existing free-standing sign with a height of 29’9 instead of the maximum allowable height of 20’0, with the condition that if the sign is damaged more than 50%, it must be rebuilt to comply with the current code, on property commonly known as 5501 S. La Grange Road, seconded by Mr. Lube and carried by Roll Call vote – 6/1/2. Mr. Stoub opposed. This matter will come before the City Council on 10-27-10.

PUBLIC HEARING RE: 7345 SUNSET AVENUE

Chairman Fullmer read the building code variance to allow a prohibited structure in the right-of-way at 7345 Sunset Avenue.

A building code variance to Section 7-3-5 (permanent structures in parkways and right-of-way), Title 7, Chapter 3 of the Municipal Code of the City of Countryside to allow an illegal brick mailbox located in the public right-of-way – at the real estate commonly known as 7345 Sunset Avenue, Countryside, IL 60525.

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

CDP Swanson presented the Staff report. Last week the Building Inspector Steve Tisinai visited the above site and noticed construction of a brick mail box with no building permit issued and which was in the public right-of -way. The property is currently zoned R-7, rural residential, estimated s.f. of 67,082 (two lots), approximately 1.54 acres. According to Section 7-3-5, mailboxes are permitted structures in the ROW only if installed on a post or mounting mechanism. Photos of the mailbox are included, noting its location near the street; the construction matches the building of the home. The property line was researched by Mr. Swanson; everything to the west of that line is public ROW. The mailbox is located south of the driveway about 4-5 feet from the street. The ordinance was enacted in 2008; it is difficult to work around such structures when they are in the public ROW; there are related cost issues and safety issues involved.

Mr. Alejandro Morales, the owner and contractor for the building, stated he didn’t know the rules for mailboxes and didn’t request a permit. He believes that the mailbox is within the property survey. He and the engineer made two property surveys, one prior to construction and one after construction. If the road is widened there is still enough room for the mailbox; also postal requirements for height and location are acceptable.

Mr. Jasinski questioned a hazard for drivers. Attorney Peck stated that post office requirements are not the City’s concern. Liability for snowplow damage is the City’s concern. The City would be drawn into any lawsuit in connection with a vehicle striking the mailbox in the public ROW. The owner can put the mailbox on his private property without any permit. Ms. Grotzke stated that any resident could go out and do the same thing; she is hard pressed to support this action. Mr. Gonzalez noted that the mailbox is situated on an incline; the ground slopes in that area; without a proper foundation it will end up leaning toward the street.

Chairman Fullmer asked for comments from Interested Persons. Judy Wilson, 10565 W. 74^th St. is opposed to the water runoff from the house into the road and into her yard; there is no retaining wall; the driveway abuts the street; there is no proper drainage and it runs into her lot. The house is still under construction; the mailbox is too close to the ditch. She was advised to call the Building Department tomorrow. Ms. Grotzke stated there is no excuse for not following the City’s rules. Mr. Morales stated he believes the mailbox is on his property; he will have the engineer review the location. Mr. Lube moved to close the public hearing in this matter, seconded by Mr. Stoub and carried unanimously.

Ms. Grotzke moved to deny the requested variance to allow a prohibited structure in the public right-of-way at the property known as 7345 Sunset Avenue, seconded by Mr. Stoub and carried by Roll Call vote – 6/1/2. Mr. Lube opposed. This matter will come before the City Council on 10-27-10.

HEARING RE: TAVERN ON LA GRANGE – OFF-SITE PARKING 9825 W. 55^TH ST.

Chairman Fullmer read the Notice of Public Hearing published in The Doings Newspaper; registered mail notices for the following variance were postmarked on September 17, 2010 and delivered via US Mail.

Consideration of a variance to allow an off-site parking facility at 9825 W. 55^th St. to accommodate a banquet use in the basement of Tavern on LaGrange, 5403 LaGrange Road, to portions of the City of Countryside, IL Municipal Code:

A variance to Section 10-10-4B (location of accessory off-street parking facilities – uses in business and manufacturing districts), Title 10, Chapter 10 of the Municipal Code of the City of Countryside to allow an off-site parking facility which exceeds the 600′ distance of the use served – at the real estate commonly known as 9825 W. 55^th St., Countryside, IL 60525 serving Tavern on LaGrange, located at 5403 S. LaGrange Road, Countryside, IL 60525.

Chairman Fullmer noted that Mr. Arce is not present tonight. Ms. Grotzke moved to open the public hearing in this matter, seconded by Mr. Gonzalez and carried unanimously. Mr. Swanson presented the Staff report. Tavern on LaGrange is zoned B-2 limited service and R-3 one family for the parking lot. Estimated s.f of the property is 19,983; estimated s.f. of the first floor is 5,600 s.f. requiring 28 parking spaces. Estimated s.f. of the basement is 3,149.

The parking lot at 9825 W. 55^th St. has estimated s.f of 56,911 or 1.30 acres; the parcel is zoned B-3 service wholesale and has 120 parking spaces. Estimated distance from 5403 S. LaGrange Road is 1,500 feet. The land is leased for valet parking for the main floor of the restaurant. The owner desires to use the basement portion of the building for banquet use only seven days a week. Occupant load for the basement is 140 patrons. The parking demand would equal 47 parking spaces plus 10 employee spaces.

City requirements state that no off-site parking facility may be more than 600 feet from the business it serves; this location is 1,500 feet from the business use. The Fire District recommends installation of automatic fire smoke detectors in the lower lobby/rear hallway of the basement; it also recommends that the room not be divided into smaller portion without written permission. Staff gathered valet/banquet information from the owner – the valet service will park all vehicles at the off-site parking facility and use LaGrange Road & 55^th St. as designated routes; the vehicles may be returned through the alley only if the above streets are congested. They will utilize 3-5 employees for valet service for parties of 40 or more. The staging area will be located at the SW corner of the restaurant; the mode of communication will be cell phones. Mr. Swanson provided a map of the valet parking route. The business license for First Rate Valet was approved by the City Council on March 10, 2010. LaGrange allows one valet company to service all downtown restaurants. The valet company is not licensed in LaGrange, but they do require them to provide $2 million in liability and garage keepers insurance. A License Committee meeting is scheduled to 10-13-10 to discuss the valet business in Countryside.

After discussion of the route and the business license, all agreed that this action will destroy the residential neighborhood. The parking area at 9825 is not a viable solution for this problem. Mr. Arce or valet company representatives are not here to shed additional light on the matter. Mr. Gonzalez believes that the basement is not safe. In a time test conducted by Ms. Grotzke and Mr. Gonzalez, under optimal traffic conditions in good weather it took a minimum of four minutes to reach the restaurant. It is extremely dangerous to try to turn left from Bobolink onto LaGrange Road; the alley cannot be used as a thoroughfare. The valet service is not using the parking lot at present; they are using Blockbuster’s land for parking cars.

Laura Rekash, 5416 – 6^th Ave. – asked to keep the area residential. Valet parking is not a viable option. Suggestion made to use shuttle buses to transport people to their cars. Another suggestion was to close Bobolink at 6^th Ave, dedicate it to the City and use it for more parking. Alice Smith, 5401 – 7^th Ave. stated that on occasion people are parking their cars on the side streets down to 7^th Avenue. It was a bad idea to allow the restaurant to occupy that building with such a small parking lot. There is a tot lot near the alley and there are no sidewalks; it is dangerous to drive cars down the alley close to the tot lot. It is a hazard for children. There were no other comments from Board members or interested persons. Ms. Grotzke moved to close the evidentiary portion of the hearing, seconded by Mr. Gonzalez and carried by voice vote. Mr. Arce has conditional approval for use of the lot at present; there are never any cars parked in that lot; patrons can’t wait for the valet, they park on the street. The valet company is using the Blockbuster property to park cars.

Mr. Peck recommended rescinding the previous recommendation to the City Council to deny a variance to permit off-site parking at a facility that is more than 600 feet from the use served. Mr. Arce is not here tonight to seek a continuance. Ms. Grotzke moved to deny use of the off-street parking lot that is more than 600 feet from the business use under all circumstances, seconded by Mr. Stoub and carried by Roll Call vote – 4/3/2.

AYES: Gonzalez, Grotzke, Stoub, Lube

NAYS: Benson, Jasinski, Fullmer

ABSENT: Toth, Moss

MOTION CARRIED – 4/3/2.

Chairman Fullmer stated that this matter will come before the City Council at the Regular Meeting on October 27, 2010.

PUBLIC HEARING RE: TEXT AMENDMENTS

Chairman Fullmer read the Notice of Public Hearing published on August 19, 2010 in The Doings Newspaper for the following text amendment – continued from the September 7, 2010 PC/ZBA Meeting: consideration of a map amendment to the Zoning map of the City of Countryside, IL Municipal Code as follows: Consideration o f a zoning overlay of commercial corridors in the City of Countryside to make such businesses as a special use or prohibit certain businesses in the commercial corridors.

This matter was brought to the City Council where it was tabled and deemed too restrictive for future businesses. Current businesses would be affected if they chose to expand their business. They would have to apply for a special use. Council believes it would put an extra burden on businesses. Board members discussed the cost for coming before the PC/ZBA – probably $1,000 total including the application, legal notice and cost of certified mailings. The zoning overlay district will protect certain corridors of the City. Board members dividing commercial corridors down into separate sections of the City. Mr. Benson suggested the task would be made easier it it was done by sections beginning with the LaGrange Road corridor first and then expanding it to other business corridors. Mr. Swanson agreed.

Mr. Peck suggested rescinding the previous ordinance regarding special use for non-sales tax producing businesses and return the area to the Zoning Code. Then do the overlay piecemeal beginning with LaGrange Road from the north to the south City boundary. At a future date it could be expanded to include 55th St. and then Joliet Road. Board members agreed to rescind the original ordinance and allow the zoning overlay for the LaGrange Road commercial corridor from the north boundary to the south boundary. Ms. Grotzke moved to approve the above language, seconded by Mr. Lube and carried by unanimous Roll Call vote – 7/0/2.

OTHER BUSINESS

Mr. Swanson stated that Salem Square has a change to the plan for the out lot on Brainard Ave. They may not be ready for the November meeting.

Mr. Swanson discussed window wells on both sides of the house that protrude into side yards by 3-4 feet. He needs further direction on that matter. Board members discussed escape window wells with or without ladders. Mr. Peck asked Board members to give the idea some thought; the matter will be put on the agenda for next month.

ADJOURNMENT

There being no further business to discuss, Mr. Jasinski moved to adjourn the meeting, seconded by Mr. Gonzalez and carried by unanimous voice vote.

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

RICHARD FULLMER, JR., CHAIRMAN