PLAN COMMISSION – ZONING BOARD OF APPEALS
CITY OF COUNTRYSIDE
Tuesday, September 6, 2011 – 7:30 P.M.
ROLL CALL MEMBERS: MR. RICHARD FULLMER, JR. (CHAIRMAN), MS. TINA GROTZKE, MR. ROBERT LUBE, MR. DANIEL MOSS, MR. RICHARD TOTH, MR. CHARLES STOUB, MR. CRECENCIO GONZALEZ, MR. MARK BENSON
APPROVAL OF MINUTES:
August 2, 2011
1. PUBLIC HEARING 1: Public hearing notice for the 6705 Willow Springs Road application was published on August 11, 2011 in The Doings Newspaper.
A VARIANCE REQUEST TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (ZONING ORDINANCE) TO ESTABLISH A DETACHED GARAGE AS FOLLOWS:
- CONSIDERATION OF A VARIANCE TO SECTION 10-2-9 A (ACCESSORY BUILDING AND STRUCTURE PROHIBITED IN FRONT YARDS), TITLE 10, CHAPTER 2 IN THE MUNICIPAL CODE OF THE CITY OF COUNTRYSIDE TO PERMIT A DETACHED GARAGE WITH A 12.50′ FRONT YARD SETBACK ON 67TH STREET INSTEAD OF THE REQUIRED 30′ FRONT YARD SETBACK;
A BUILDING VARIANCE REQUEST TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (PRIVATE DRIVEWAYS) TO PERMIT ADDITIONAL TIME FOR COMPLIANCE AS FOLLOWS:
- CONSIDERATION OF A TIME EXTENSION TO SECTION 7-2-7 A-1 (PAVING OF DRIVEWAYS), TITLE 7, CHAPTER 2 IN THE MUNICIPAL CODE OF THE CITY OF COUNTRYSIDE TO PERMIT AN EXISTING GRAVEL DRIVEWAY TO BE PAVED WITH EITHER CONCRETE, ASPHALT, OR BRICK PAVERS WITHIN SIX MONTHS (180 DAYS) OF THE COMPLETION OF THE DETACHED GARAGE OR NO LATER THAN JUNE 30, 2012 WHICHEVER IS GREATER;
AT THE REAL ESTATE COMMONLY KNOWN AS 6705 WILLOW SPRINGS ROAD, COUNTRYSIDE, IL 60525. THE APPLICANT IS MR. JOHN MEISZNER, PROPERTY OWNER OF 6705 WILLOW SPRINGS ROAD, COUNTRYSIDE, IL 60525.
2. PUBLIC HEARING 2: Public hearing notice for the 5750 Longview Drive application was published on August 18, 2011 in The Doings Newspaper.
A ZONING VARIATION REQUEST TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (ZONING ORDINANCE) TO ESTABLISH AN ACCESSORY SHED NOT BUILT ACCORDING TO APPROVED PLANS AS FOLLOWS:
- CONSIDERATION OF A VARIANCE TO SECTION 10-2-9 B & C (ACCESSORY BUILDING AND STRUCTURE SIDE AND REAR YARD LOCATION), TITLE 10, CHAPTER 2 IN THE MUNICIPAL CODE OF THE CITY OF COUNTRYSIDE TO PERMIT CONSTRUCTION AND PLACEMENT OF AN ACCESSORY SHED WITHIN THE SIDE YARD AND REAR YARD SETBACKS AT 3′-9 INSTEAD OF THE REQUIRED 5′ SIDE AND REAR YARD SETBACKS;
AT THE REAL ESTATE COMMONLY KNOWN AS 5750 LONGVIEW DRIVE, COUNTRYSIDE, IL 60525. THE APPLICANT IS MR. ALAN GONZALEZ, A PROPERTY OWNER OF 5750 LONGVIEW DRIVE, COUNTRYSIDE, IL 60525.
3. PUBLIC HEARING 3: CONTINUED FROM THE August 2, 2011 PC-ZBA MEETING: Public hearing notice for the text amendment was published on May 12, 2011 in The Doings Newspaper.
TEXT AMENDMENTS TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (ZONING ORDINANCE) AS FOLLOWS:
- REVIEWING THE FLOOR AREA RATIO CALCULATION FOR SECTION 10-5C-6: STRUCTURE REQUIREMENTS IN THE R-3 ONE-FAMILY RESIDENCE DISTRICT.
4. PUBLIC HEARING 4: Public hearing notice for the text amendment was published on August 18, 2011 in The Doings Newspaper.
TEXT AMENDMENTS TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (ZONING ORDINANCE) AS FOLLOWS:
- CONSIDERATION OF AMENDING SECTION 10-2-4-5: PERMITTED OBSTRUCTIONS IN REQUIRED YARDS – TO ALLOW SIDEWALKS, DRIVEWAYS AND PATIOS AS PERMITTED OBSTRUCTIONS IN REQUIRED YARDS.
SPECIAL EVENT PERMITS
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, SEPTEMBER 6, 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. Mark Benson, Mr. Charles Stoub, Ms. Tina Grotzke, Mr. Richard Toth, Mr. Crecencio Gonzalez IV.
ABSENT: Mr. Daniel Moss
ALSO PRESENT: Mayor Krzeminski, City Atty. Peck, Ald. Pondelicek, Ald. Jasinski, CDP Swanson, Steve Tisinai, Bldg. Insp.
APPROVAL OF MINUTES
The first order of business was approval of the minutes of the August 5, 2011 meeting. Ms. Grotzke moved to approve the minutes as presented, seconded by Mr. Toth 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: John Meiszner, 6705 Willow Springs Road
Chairman Fullmer read the Notice of Public Hearing application published on August 11, 2011 in The Doings Newspaper.
A variance request to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) to establish a detached garage as follows:
- Consideration of a variance to Section 10-2-9A (Accessory Building and Structure Prohibited in Front Yards), title 10, Chapter 2 in the Municipal Code to permit a detached garage with a 12.50 front yard setback on 67th St. instead of the required 30′ front yard setback;
- A building variance request to portions of the City of Countryside, IL Municipal Code (Private Driveways) to permit additional time for compliance as follows:
- Consideration of a time extension to Section 7-2-7A-1 (Paving of Driveways), title 7, Chapter 2 in the Municipal Code to permit an existing gravel driveway to be paved with either concrete, asphalt or brick pavers within six months (180 days) of the completion of the detached garage or no later than June 30, 2012, whichever is greater – at the real estate commonly known as 6705 Willow Springs Road, Countryside, IL. The Applicant is Mr. John Meiszner, property owner of 6705 Willow Springs Road, Countryside, IL 60525.
- Mr. Toth moved to open the Public Hearing in this matter, seconded by Mr. Stoub and carried unanimously. Mr. Meiszner was sworn in by Chairman Fullmer. Proof of Notice was received by the Building Department.
CDP Mr. Swanson stated the function of the Planning and Zoning Board. He encouraged residents present to take an active role in the hearing by asking questions of the Board and the applicant at the appropriate time. The subject property, 6705 Willow Springs Road is zoned R-1, single family, with estimated acreage of .46. Mr. Meiszner seeks to erect a detached garage that is 12.50 feet from the lot line on 67th Street instead of the required 30′ front yard setback. This is a corner lot having two front yards. Mr. Meiszner also seeks an existing gravel driveway to be paved with either concrete, asphalt or brick pavers within six month of completion of the detached garage, or no later than June 30, 2012.
The property is located at Willow Springs Road and 67th Street. The property right next to it is the ESDA Building at 6701 Willow Springs Road resulting in a panhandle-shaped parcel. The property is adjacent to R-1 lots on the east, portions of the golf course on the west and Dominick’s store on the NW side. The aerial view of the property shows the ESDA building location and the existing detached garage, which will be demolished. The new garage will be built 12.5 feet from the property line on 67th St. and will be 704 s.f. He also requests an extension of the existing gravel driveway leading to the garage to be paved with either concrete, asphalt or brick pavers and to be completed no later than June 30, 2012.
Mr. Meiszner stated that the north side of his lot on 67th St. is filled with bushes and trees and provides much needed privacy. His neighbor to the east has a garage that is even closer to the property line; his garage will be in line with the ESDA building. He will access the garage from the south. The existing garage apron and drive will be returned to grass. Chairman Fullmer visited the site and noted the gradual slope of the land. Ms. Grotzke stated that having the ESDA building right there constitutes a hardship. The garage will have vinyl siding; the driveway will have brick pavers by the door and either concrete or asphalt for the rest of the drive. Atty. Peck suggested picking a date certain for completion of the driveway rather than the vague 180 days. Mr. Tisinai stated that asphalt plants close between late October to late November, depending on the weather. Permits are valid for one year from issuance. The garage will be completed as soon as possible; the driveway may be installed in Spring, but definitely before June 30, 2012.
There were no questions from interested parties; Mr. Meiszner had no closing statement. Mr. Toth moved to close the evidentiary portion of the hearing, seconded by Mr. Benson and carried unanimously. Mr. Toth moved to approve the variance for a detached garage 12.50 feet from the front yard setback on 67th St., rather than the 30 foot setback, on the property commonly known as 6705 Willow Springs Road subject to substantial compliance with Exhibit A, the survey showing the location of the garage; that the driveway extension paving time frame is extended to June 30, 2012, and that the old garage is removed per engineering plans and filled with grass/dirt by June 30, 2012, seconded by Ms. Grotzke and carried by Roll Call vote – 7/0/1. Mr. Peck stated that if the driveway is not completed and the full certificate of occupancy issued by June 30, 2012, Mr. Meiszner will be in violation of City Code and issued a citation of $750 per day until corrected. This recommendation will come before the City Council on September 28, 2012.
Public Hearing Re: Alan Gonzalez – 5750 Longview Drive
Chairman Fullmer read the Notice of Public Hearing application published on August 18, 2011 in The Doings Newspaper.
A Zoning variation request to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) to establish an accessory shed not built according to approved plans as follows:
- Consideration of a variance to Section 10-2-9B and C (Accessory Building and Structure side and rear yard location), Title 10, Chapter 2 in the Municipal Code to permit construction and placement of an accessory shed within the side yard and rear yard setbacks at 3’9 instead of the required 5′ side and rear yard setbacks – at the real estate commonly known as 5750 Longview Drive, Countryside, IL 60525. The Applicant is Mr. Alan Gonzalez, a property owner of 5750 Longview Drive, Countryside, IL 60525.
Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Toth and carried unanimously. Mr. Gonzalez was sworn in by Chairman Fullmer. Proof of Notice was received by the Building Department.
CDP Mr. Swanson stated that the subject property is zoned R-2 one family; estimated size is å_ acre . Mr. Gonzalez applied for a building permit to construct an accessory shed. The Code calls for the side yard and rear yard setbacks of five feet from the property line. Mr. Gonzalez knew the requirement was five feet, however, when he built the shed he thought there was a three foot setback. The property is surrounded by single residence family homes. Two photographs are provided depicting the shed and showing the 3’9 separation from the adjacent neighbor’s fence. Mr. Gonzalez requests a variance to permit the accessory shed with the side and rear yard setbacks of 3’9 rather than the required 5′ setback requirement.
Mr. Gonzalez stated that he received the permit late last spring in 2010; he didn’t double check the ordinance when he began construction. He has cement pillars set three feet into the ground; he made an honest mistake, it wasn’t intentional. Neighbors are present and have no problem with the shed. The shed is unfinished; it needs a roof and doors; it is 10×10 feet in size; the ground slopes 3 to 5 on either side; City ordinance is not enforced for structures less than 120 s.f.
Comments from interested parties – Mr. John Fatora, 5760 Longview Drive, opposed placement of the shed; it is too close to his fence; it lies under the utility lines; the wire is about 2 å_ feet above the shed. He is also concerned with runoff from the roof; there is no gutter; the shed should have proper placement. Mr. Gonzalez stated that the shed is behind the utility lines not under it; there has been tension between neighbors. Mr. Tisinai stated that in a really heavy rain the bottom of the fence might be affected; that could be remedied with a gutter and a downspout; snow is not an issue. Three neighbors have provided written support for the shed. Mr. Gonzalez built the shed himself except for raising the walls. The final comment is that any shed should comply with the City Building Code.
Mr. Toth moved to close the Evidentiary Portion of the hearing, seconded by Mr. Benson and carried unanimously. Mr. Toth moved to deny the variance, seconded by Ms. Grotzke and carried by unanimous Roll Call vote – 7/0/1. This matter will come before the City Council on September 28, 2011.
Public Hearing — Text Amendment re: FAR Calculation in the R-3 District
Chairman Fullmer read the Notice of Public Hearing for a Text Amendment continued from the August 2, 2011 PC/ZBA hearing, originally published on May 12, 2011 in The Doings Newspaper.
Text Amendments to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows:
- Reviewing the floor area ratio calculation for Section 10-5C-6: Structure Requirements in the R-3 One-family Residence District.
Chairman Fullmer asked TPI employee and City Building Inspector, Steve Tisinai, to attend tonight’s meeting to provide his opinion regarding the FAR in the R-3 one-family zoning district. He thanked him for attending tonight. Mr. Swanson presented a historical overview of the variety of lot sizes existing in the R-3 District, ranging from over one acre to less than 10,000 square feet. The depth of some lots is from 300 feet to 134 feet deep and from 46 feet to 75 feet wide. Tonight’s discussion concentrates on the FAR for lots under 10,000 square feet. Floor area is the determining factor of space utilization in the home. Detached garages are included in the FAR calculation, which is 30%; attached garages provide for 35% FAR. The problem concerns turning attic space into livable usable space without exceeding the FAR of 30%. Of the 614 parcels of land zoned R-3, roughly 353 lots are less than 10,000 s.f. If an accessory detached garage is included in the total FAR calculation, it makes renovations or new residential development difficult and residents must apply for a variance.
Staff has been working with Mr. Tisinai to solve this problem; they don’t believe in changing the entire R-3 Zoning Code, however in lots less than 10,000 square feet the detached garage should be excluded from the FAR calculation. Mr. Tisinai provided the example of a dormer addition; there is no change to the footprint; water runoff is still bound by the rear yard and side yard setbacks. The detached garage should not be included in the FAR. R-3 is the only zoning district that requires inclusion of detached accessory structures; this is unfair to homeowners because they are penalized twice. The FAR and the setback work together to limit lot coverage; the size of an accessory structure is limited also. This should apply to remodeling only, not new construction. After discussion, the Board agreed to remove the prohibition regarding detached accessory structures in the R-3 zoning district in lots less than 10,000 square feet and leave the 30% equation intact. Attorney Peck with assistance from Messrs. Tisinai and Swanson will draft a formal text amendment to be presented at next month’s meeting.
Public Hearing — Text Amendments Re: Permitted Obstructions
Chairman Fullmer read the Notice of Public Hearing for a Text Amendment published on August 18, 2011 in The Doings Newspaper.
Text Amendment to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows:
- Consideration of amending Section 10-2-4-5; – permitted obstructions in required yards – to allow sidewalks, driveways and patios as permitted obstructions in required yards.
Mr. Swanson stated that the Building Department is running into problems with new construction where residents want a side-loading garage, which is not permitted by variance. They are seeking direction from the Board; does the City wish to allow sidewalks, driveways and patios as permitted obstructions in side yard setbacks. There is no language in the Code regarding width of green space, etc.
The Board discussed pertinent examples of existing driveways, seeking allowance for green space, water runoff, etc. Mr. Tisinai believes that existing driveways may be replaced without change. New construction requires review of all three obstructions and should provide for distance from the lot line and green space of 18 to 5′ as a buffer. Sidewalks up to 3′ in width may be in the permitted side yard setback. Patios other than standard size should be dealt with on an individual basis. Standard window wells should be from 18 to 24, and not or next to a walking surface; all window wells should have a cover. Escape window wells should be handled on an individual basis.
Discussion of green space between the driveway and the lot line – on lots less than 10,000 s.f. 18 of green space is acceptable; for lots over 10,000 s.f., two feet to five feet of green space is acceptable. Mr. Tisinai stated that with lot widths less than 75 feet, the lot size should be used for determining space on new construction – on an individual basis. Discussion turned to defining percentage of destruction on whether a surface is repaired or rebuilt. Also discussed was disaster necessitated reconstruction; if 50% of the footprint is altered -structural elements changed by 50% equals rebuilding. If the interior is gutted, nothing is structurally changed on the exterior – equals repairing. If half the lot gets leveled, that is new construction – any portion that is added to the existing structure or footprint. Everyone agreed that the entire subject is a grey area.
Board members agreed that lots less than 10,000 s.f. require green space of 18; lots larger than 10,000 s.f. require green space of 2′ to 5′ and a 3′ sidewalk; no size for the patio; standard window wells may project up to 24. Attorney Peck, with assistance from Messrs. Tisinai and Swanson, will draft a formal text amendment for next month’s meeting.
Mr. Swanson stated that next month’s applicant wants to install a pool deck closer than ten feet from the existing house and detached garage and requires a variance due to a hardship with existing drainage in the back yard.
Taco Bell demolition is beginning – protective fencing was installed this week.
There being no further business to discuss, Mr. Toth moved to adjourn the meeting, seconded by Mr. Benson and carried unanimously.
Chairman Fullmer declared the meeting adjourned at 9:30 p.m.
RICHARD FULLMER, JR., CHAIRMAN