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Will County Gazette

Friday, April 26, 2024

Will County Planning and Zoning Commission Committee met April 6.

Meeting 02

Will County Planning and Zoning Commission Committee met April 6.

Here is the minutes provided by the Commission:

I. Call to Order

II. Pledge of Allegiance

Len Vallone led everyone in the Pledge of Allegiance to the Flag.

III. Roll Call and Declaration of Quorum

Chairman Leonard Vallone called the meeting to order at 6:42 pm

Attendee Name; Title; Status; Arrived:

Scott Lagger; Commissioner; Absent;

Thomas White; Commissioner; Present;

Michael Carruthers; Commissioner; Present;

Kimberly Mitchell; Commissioner; Present;

Hugh Stipan; Vice Chairman; Present;

Leonard Vallone; Chairman; Present;

Barbara Peterson; Secretary; Present;

Six members were present at roll call. A quorum was declared.

Also present were:

Brian Radner, Director of the Development Review Division

Dawn Tomczak, Administrative Assistant and Building Tech Supervisor

Janine Wilkosz, Planner

Jessica, Planner

Phil Mock, Will County Assistant State's Attorney's Office

IV. Approval of Minutes

A. Minutes of March 7, 2017

The Regular Meeting Minutes of the March 7, 2017 Will County Planning and Zoning Commission were presented for review and approval.

There were no additions, deletions or corrections.

1. Motion to approve the Regular Meeting Minutes of the March 7, 2017 Will County Planning and Zoning Commission as presented.

The minutes were approved.

Result: Approved [Unanimous

Mover: Hugh Stipan, Vice Chairman

Seconder: Thomas White, Commissioner

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

V. Zoning Cases

Plan Commission Secretary Barbara Peterson announced that variance cases would be heard to conclusion by this Commission this evening. Cases other than those variance cases will advance further to the Land Use and Development Committee on April 11th at 10:30 AM this County Board Room.

Chairman Vallone stated requests to continue Zoning Case ZC-16-034 and ZC-16-006 to May 2nd, 2017 had been received.

1. Motion to continue Zoning Case ZC-16-034 and Zoning Case ZC-16-006 to May 2nd, 2017.

The motion carried unanimously.

Chairman Vallone stated a request has been received that Zoning Case ZC-17-008 be withdrawn.

Result: Approved [Unanimous]

Mover: Thomas White, Commissioner

Seconder: Hugh Stipan, Vice Chairman

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

2. Motion that Zoning Case ZC-17-008 be withdrawn.

The motion carried unanimously.

Result: Approved [Unanimous]

Mover: Thomas White, Commissioner

Seconder: Hugh Stipan, Vice Chairman

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

3. Ordinance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for zoning case ZC-16- 034, Midwest Property Trust 1; Owner of Record, Simkus Vladas, Agent, Richard Kavanagh, Attorney, requesting (S-16-015) special use permit to allow modification of two previously approved special use conditions for a truck terminal granted in Case 6104-S, for Pin # 30-07-25-100-040-0000 and 30-07-25- 100-039-0000 , in Joliet Township, commonly known as 1700 Manhattan Road, Joliet

4. Ordinance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended case ZC-16-006, Ronald L. Janota and Airocolina Janota, Owners of Record, Kathy Morris, Agent, Richard Kavanagh, Attorney, requesting (S-16-009) special use permit for exotic animals and (S-16-010) special use permit for animal care/boarding, for PIN # 22-22-02- 200-005-0000, in Washington Township, commonly known as 1301 E. Offner Road, Beecher, IL

5. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-17-003, Robert P. Jones, Owner, requesting (V-17-002) a Variance for minimum side yard setback from 50 feet to 22 feet, for Pin # 18-13-14-400-006-0000, in Green Garden Township, commonly known as 8360 W. Monee- Manhattan Road, Monee, Il

Chairman Vallone announced Zoning Case ZC-17-003 is a request for a variance in Green Garden Township. The applicant is Robert Jones.

Janine Wilkosz opened discussion of the case. The applicant is requesting a variance for side yard setback from 50 feet to 22 feet in order to construct a pole building.

A plat of survey and aerial of the property were displayed. A single family residence, detached garage, two pole buildings and two small sheds are on the property. The property is zoned A-1 and is surrounded by A-1 zoning. There is R-2 zoning to the south.

Staff stated the applicant is requesting the variance to line up the proposed pole building with a pole building existing on the property. In staff's opinion there is sufficient area for the pole building to be located on the property without a variance and has recommended denial of the requested variance.

Chairman Vallone asked what happens to the existing building that is non- conforming if the variance is not approved?

Janine said the existing building would stay put but the proposed building would have to meet the fifty foot setback.

Janine stated she received an email from a neighbor after staff reports were distributed to the Commissioners. It says I am writing to you in regards to Case Number ZC-17-003. A pole barn that my neighbor is interested in building that would run along my property. I am strongly opposed to him building this barn. This would be the third pole barn on his property. He is currently running a fencing business, which starts as early as 6:00 AM. Being machinery that is running to cut lumber, semi trucks running in and out on deliveries and employees moving supplies around on the property. Building this third barn will only cause more havoc to the noise pollution we have to endure and only multiply the size of his burn piles that contain treated wood, plastic, fencing and any other garbage he burns.

Chairman Vallone asked if they could look at the overview of that property. He said he thought there wasn't any property next to it.

Janine showed the aerial of the property stating there are these long, narrow, A-1 parcels that are residential. The residences are located where the address points are. They are setback quite a ways from the road.

Robert Jones indicated that where he intends to put the proposed building is as far away from the neighbor's property and house that he can get. If he put it on his property fifty feet from the property line he would have to locate it behind his existing building, even and right next to their house and their backyard where it's going to be obnoxious.

Chairman Vallone asked at Manhattan-Monee Road there; is that grown up with trees to the west?

Mr. Jones said yes.

Chairman Vallone asked him is your house white?

Mr. Jones said no. It's blue. He said he has the big mailbox that looks like a crucifix with reflectors on it.

Chairman Vallone said you're right on sort of a hill, aren't you?

Mr. Jones said that's why I do it because it's kind of a dangerous hill there. Mr. Jones said he asked him to build a building to put his stuff in and clean up his property. He hasn't been doing stuff for about seven years and is just doing odds and ends now so he can pay his mortgage. There were a lot of things there and it's all cleaned up now. He said his neighbor has been a pain. Always taking pictures and videos.

Mr. Jones said the building would be far enough away from his neighbor that he shouldn't bother his neighbor. He can put his tractor and equipment in there without leaving it out in the rain.

Mrs. Peterson asked Mr. Jones does he realize what he's asking for?

Mr. Jones said yes. He wanted his wife to come because she's the same nationality that man is so she knows how stubborn they can be.

Chairman Vallone asked Mr. Jones if the police were ever called out to his property regarding any of these allegations such as running a business at 6:00 o'clock in the morning?

Mr. Jones said no. The only time he called anybody was when he called the fire department because he smelled smoke.

Janine said there is an open violation for the junk and debris on the property and also that he was operating a fencing company. Part of him coming into compliance is that he intends to build this building to house the junk and debris that he was cited for. He has said that he has ceased operation of the fencing company.

Chairman Vallone said so the violation came from a random call.

Janine said from a complaint. That is correct.

Mr. Jones said he has been talking to Brian Parker and has paid people to come in and help clean it up because he can't do it all himself. He has been trying to do everything he can to rectify the situation. His kids are friends with the neighbor's kids and he wants everybody to get along.

No objectors appeared at the public hearing.

6. Motion to approve a variance for side yard setback from 50 feet to 22 feet for Zoning Case ZC-17-003.

Chairman Vallone said he goes by this property every day at different times and he doesn't really see any trucks going in and out of there; running a business out of there. He doesn't know if they're running a business there but he doesn't see it.

Roll Call Cote: Carruthers, Mitchell, Peterson, Stipan, White and Vallone voted "yes." The motion carried unanimously.

Result: Approved [Unanimous]

Mover: Thomas White, Commissioner

Seconder: Kimberly Mitchell, Commissioner

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

7. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-17-005, Charles Robert Lester and Clarice Adele Lester Trust both names the same as 50-50% Beneficiaries, requesting V-17-003 variance for side yard setback from 10 feet to 5 feet, for pin # 23-15-13-101-027-0000, in Crete Township, commonly known as 24833 S. Michaels Street, Crete Il

Chairman Vallone announced Zoning Case ZC-17-005; a request for a variance. Janine from staff opened up the case.

Janine Wilkosz stated Zoning Case ZC-17-005 takes place in Crete Township. The owners are Charles and Clarice Lester. Due to the location of a septic field on the property the applicants are requesting a variance for side yard setback from 10 feet to 5 feet in order to build a pole building to maintain a 10 foot separation between the pole building and the septic field.

An aerial photograph and plat of survey indicating the proposed pole building were displayed.

The property is slightly less than an acre and is located along South Michaels Street.

The property is zoned R-2 and is surrounded by R-2 properties with an A-1 property to the east.

Staff recommended approval of a variance for side yard setback from 10 feet to 5 feet.

There were no questions or comments.

No objectors were present.

8. Motion to approve a variance for minimum side yard setback on the north side from 10 feet to 5 feet for Zoning Case ZC-17-005.

The motion pass unanimously 6-0.

Result: Approved [Unanimous]

Mover: Hugh Stipan, Vice Chairman

Seconder: Thomas White, Commissioner

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

9. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-17-007, Dana Schubbe, Owner; requesting (V-17-006) variance for side yard setback from 50 feet to 18 feet, for pin # 20-21-30-300-009-0000, in Will Township, commonly known as 6952 W. Kennedy Road, Peotone, IL

Chairman Vallone announced Zoning Case ZC-17-007; a request for a variance by Dana Schubbe.

Janine Wilkosz stated Zoning Case ZC-17-007 takes place in Will Township. The owner Dana Schubbe is requesting a variance for minimum side yard setback from 50 feet to 18 feet in order to construct a pole building.

An aerial photograph and a plat of survey with the proposed pole building drawn in were displayed.

The property is approximately 1.14 acres and is zoned A-1 and was created in 1975 so it is a legal non-conforming parcel. The property is surrounded by parcels zoned A-1.

Staff recommended approval of the requested variance. The situation is unique due to the irregular, triangular shape of the parcel.

There were no questions or comments.

The applicant was present but had nothing to add.

10. Motion to approve a variance for minimum side yard setback from 50 feet to 18 feet for Zoning Case ZC-17-007.

The motion was approved unanimously 6-0.

Result: Approved [Unanimous]

Mover: Thomas White, Commissioner

Seconder: Kimberly Mitchell, Commissioner

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

11. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended , for zoning case ZC-17- 008, Larry Stevens, Owner of Record, Jumaane Stevens; Agent; requesting (S-17- 003) special use permit for packaged liquor sales, for pin # 11-04-34-403-033- 00000, in Lockport Township, commonly known as 3240 south State Street, Joliet, II

12. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-17- 009, LSL Investments LLC; Owner of Record, L. Scott Libersher, 100% Beneficiary, Alexander Fenili and Lilia Esparaza, Agents, Richard Kavanagh, Attorney; requesting (S-17-004) Special Use Permit for Ancillary Liquor Sales in C-1 District, for Pin #10-11-09-200-024-0000, in Jackson Township, commonly known as 23956 S. Highway 53, Elwood, IL

Chairman Vallone announced Zoning Case ZC-17-009. Alexander Fenili and Lilia Esparaza are the applicants. They are requesting a special use permit. He asked Jessica Gal from staff to open discussion of the case.

Jessica stated Zoning Case ZC-17-009 takes place in Jackson Township. The applicants are requesting a special use permit for ancillary liquor sales at 23956 Illinois Route 53, Elwood, Illinois on what is currently a vacant restaurant known as "Mr. B's."

An aerial map was displayed. The parking lot is to the north. A subdivision is located to the south and west. Across the street is a commercial property.

A plat of survey indicating the commercial building on the property was displayed.

The property is zoned C-1. The parking lot to the north is zoned C-1. To the south and west is a subdivision zoned R-3. Speedway Motors is located across the street to the east and is zoned C-3.

City of Joliet zoning to the north was also identified that contains R-3 residential properties, as well as business districts and multi-family districts planned for the future.

Staff recommended approval of the special use permit for ancillary liquor sales with three (3) conditions. The applicant's attorney has requested an additional condition.

1. Upon (fourteen) 14 days of written notice to the owner of record at their last known address, Will County Land Use Department and Will County Sheriff’s Department employees are hereby granted the right of entry in and upon the premises for the purpose of inspecting the premises and uses thereon for compliance with the terms and conditions of this special use permit. 2. The applicant shall obtain a building permit within six months of County Board approval. A building permit and building inspection is required prior to establishing occupancy. 3. The applicant shall submit as-built drawings to be reviewed by the Elwood Fire Protection District. Drawings must be submitted and there must be an occupancy/life safety inspection performed by the Elwood Fire Protection District prior to establishing occupancy. 4. Any entertainment (singers, bands, etc.) must be indoors only (no outside entertainment) and that for indoor entertainment by bands, the bands must comply with the Will County Noise Ordinance and cease playing by 11:00 p.m.

Jessica discussed condition 4 with the applicant and his attorney prior to the meeting but after the staff report was mailed.

Richard Kavanagh stated he has offices in Joliet at 111 N. Ottawa Street. He appeared on behalf of Lilia Esparaza and Mr. Fenili. The property is owned by LSL Investments LLC and is being leased to his clients.

Mr. Kavanagh said he had contact with one of the neighbors today who indicated he had no objection to the special use but was concerned because he had heard there may be outdoor entertainment. Mr. Kavanagh checked with his clients and they have no intention to have outdoor entertainment in the parking lot. He has young children. They agreed that if there were bands playing in the facility they would finish by 11:00 o'clock at night.

An objector came to the microphone to speak. He asked them to pull up the plat of survey. He said he is lot 7 and pointed out his property.

Chairman Vallone asked where is Route 53?

The man indicated where Route 53 was located and Chairman Vallone said, so you're west of it?

The objector said yes. We are on the west end. I don't know if they're proposing on re-grading or doing anything to the lot?

Chairman Vallone didn't know anything about that and said Brian?

Brian said from what he heard they are using the existing facilities.

The objector said they have a natural fence line which is nice because it absorbs all the water they sometimes get there. When they surveyed that lot it is about eight feet from his pole barn. He doesn't like the parking lot so close to his structure. If they aren't re-grading or rebuilding the parking lot there shouldn't be an issue with this, right?

Mr. Kavanagh said there are no plans to do anything with the parking lot.

Chairman Vallone said they used to have a nice Sunday Buffet there about twenty years ago and it would sure be nice if they had that, again. This isn't too far from where he lives.

The only other thing Mr. Kavanagh had to add is that they would appreciate a recommendation to the Board with the four (4) conditions.

13. Motion to authorize the sale of liquor with the four (4) conditions for Zoning Case ZC-17-009.

The motion passed unanimously 6-0.

Result: Approved [Unanimous]

Mover: Kimberly Mitchell, Commissioner

Seconder: Hugh Stipan, Vice Chairman

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

14. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZAA-2017-01, JKLMN Properties LLC, Rebuiltcars Corp, Mindaugas Kazekevicius, 100% Beneficiary, Agent, Richard Kavanagh, Attorney, requesting appeal of administrative decision prohibiting outdoor licensed inoperable vehicles associated with an automotive scrap and salvage use outside for a period of seven days or less on the property, for Pin #s 30-07-26-201-006-0000 & 30-07-26-201-007-0000; commonly known as 21652 White Avenue, Joliet, Ill

Chairman Vallone asked Brian if he would like to speak regarding this Appeal.

Brian Radner said it's definitely not going to be heard tonight but he doesn't know if Mr. Kavanagh wants to withdraw it or table it tonight.

Chairman Vallone asked Mr. Kavanagh if he would like to come down and advise them on what's going on with this.

Mr. Kavanagh said this is something that has been going on for quite some time. His clients bought the property about a year ago and initially they had stuff stored outside; junk, et cetera, et cetera. The County cited them for doing that. They had contacted him. They cleaned up the outside. The may have a slight disagreement with staff as to how to interpret the Ordinance but he is told that the State's Attorney intends to withdraw the complaint that has been filed against his clients. He has assured staff that his clients will continue to keep the place in a nice, neat condition without anything stored outside except automobiles with plates that are operable or automobiles with plates if they are inoperable they will not be stored onsite for more than seven (7) days.

Chairman Vallone asked on this particular case, is this something we are going to withdraw or do you want to continue it?

Mr. Kavanagh said they would withdraw the case based on the State's Attorney's interpretations and his discussions with staff.

15. Motion to remove Zoning Case ZAA-2017-01 from the agenda.

The motion passed unanimously 6-0.

Result: Approved [Unanimous]

Mover: Thomas White, Commissione

Seconder: Hugh Stipan, Vice Chairman

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

VI. Other

VII. Executive Session

VIII. Announcements

IX. Adjournment

1. Motion to adjourn the meeting.

The motion was approved 6-0.

The meeting was adjourned at 7:24 PM.

Result: Approved [Unanimous]

Mover: Thomas White, Commissioner

Seconder: Michael Carruthers, Commissioner

Ayes: White, Carruthers, Mitchell, Stipan, Vallone, Peterson

Absent: Lagger

2. Next meeting will be May 2, 2017

X. Visit www.willcountylanduse.com to view agendas and staff reports

http://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2673&Inline=True

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