Will County Planning and Zoning Commission met February 20.
Here is the minutes provided by the Commission:
I. Call To Order
II. Pledge Of Allegiance
Commissioner Mike Carruthers led the Pledge of Allegiance.
III. Roll Call And Declaration Of Quorum
Chairman Leonard Vallone called the meeting to order at 6:40 pm
Attendee Name; Title; Status; Arrived:
Scott Lagger; Commissioner; Present;
Thomas White; Commissioner; Present;
Michael Carruthers; Commissioner; Present;
Kimberly Mitchell; Commissioner; Present;
Hugh Stipan; Vice Chairman; Absent;
Leonard Vallone; Chairman; Present;
Barbara Peterson; Secretary; Present;
Six members were present at roll call. A quorum was declared.
Also present were:
Dawn Tomczak, WCLUD, Development Review Division
Janine Farrell, WCLUD, Development Review Division
Jessica Gal, WCLUD, Development Review Division
Phil Mock, Will Co. State's Atty.'s Office
IV. Approval Of Minutes
A. Planning and Zoning Minutes of February 6, 2018
The Regular Meeting Minutes of the February 6, 2018 Will County Planning & Zoning Commission Meeting were presented for review and approval. There were no additions, deletions or corrections.
1. Motion to approve the Regular Meeting Minutes of the February 6, 2018
Will County Planning & Zoning Commission meeting as presented.
The motion was approved unanimously 5-0. Chairman Vallone abstained.
Commissioner Barbara Peterson announced that all variance cases would be heard to conclusion by the Planning & Zoning Commission this evening and would not advance further.
Result: Approved [5 To 0]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Peterson
Abstain: Vallone
Absent: Stipan
V. Zoning Cases
1. 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-17-050,Tony and Candace Harms, Owner of Record, requesting (V-17-067) Variance for minimum side yard setback from 20 feet to 9.13 feet and (V-17-068) Variance for maximum accessory building area from 3,000 square feet t +/- 4, 505 square feet, for PIN # 08-25-15-300-009-0000, in Wesley Township, commonly known as 18786 West Manteno Road, Wilmington, Il.
Zoning Case ZC-17-050 takes place in Wesley Township. The applicant Candace Harms is currently in violation for constructing a pole barn without a building permit. The pole building does not meet the setback requirements of the A-2 zoning district and it also exceeds the maximum building area allowed for the A-2 zoning district.
The parcel is approximately 7.19 acres.
The applicant is requesting a variance for minimum side yard setback from 20 feet to 9.13 feet and a variance for maximum accessory building area from 3,000 square feet to 4,505 square feet.
Staff recommended denial of both variances stating approval of the requested variance may alter the essential character of the area.
Tony Harms stated the building was constructed due to loss of the original building from fire and he built too close to the property line and that is why he is here requesting variances.
Chairman Vallone asked the applicant what was the building used for?
The applicant said just for storage.
Chairman Vallone asked the applicant is it in the same footprint of the other building?
The applicant said no. The other one didn't have access to the driveway.
2. Motion to approve a variance for minimum side yard setback from 20 feet to 9.13 feet for Zoning Case ZC-17-050.
Roll Call Vote: Carruthers, Lagger, Mitchell, Peterson, White and Vallone voted "yes." The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Kimberly Mitchell, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
3. Motion to approve a variance for maximum accessory building area from 3,000 square feet +/- 4,505 square feet for Zoning Case ZC-17-050.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Kimberly Mitchell, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
4. 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-17-058, Brian Parker, Owner of Record, requesting (V-17-077) Variance for maximum animals units from 2.5 units to 4 units, for Pin # 18-13-25-401-006-0000, in Green Garden Township, commonly known as 26944 S. Beverly Drive, Monee, IL
Zoning Case ZC-17-058 takes place in Green Garden Township. The applicant Brian Parker is requesting a variance for the maximum number of animal units from 2.5 units to 4 units. The applicant is in violation for keeping more animals than what is permitted in the R-1 zoning district.
The applicant came before the Commission in 2016 for a special use permit to keep horses. He built a pole building. He had a variance approved for maximum accessory building area to accommodate the barn for the horses. He was informed he was allowed one horse per acre. Presently he has three horses and about twelve chickens. The requested variances will bring the property into compliance.
Staff recommended denial of the request.
Chairman Vallone asked is this in Monee's planning area?
Staff indicated it was west of Route 57.
Commissioner Kim Mitchell asked if he was in violation of his special use permit.
Staff indicated he is not necessarily violating the special use. There were no conditions associated with the special use. The special use has been established. He has just exceeded the number of animals permitted.
Chairman Vallone asked if this is approved tonight does that limit the number of horses he can actually put on that property?
Jessica Gal stated it would allow him to exceed what he is allowed to and not necessarily horses but other animals, as well.
The applicant said he has two horses and a pony. The pony he has is a registered P.O.A. his girls show and it is fifty inches. They say a pony has to be thirty-six inches.
5. Motion to approve a variance for maximum animal units from 2.5 units to 4 units for Zoning Case ZC-17-058.
Chairman Vallone noted the applicant really seems to take good care of his property so that says something about his request.
Roll Call Vote: Carruthers, Lagger, Mitchell, Peterson and Vallone voted "yes." White voted "no." The motion passed 5-1.
Result: Approved [5 To 1]
Mover: Scott Lagger, Commissioner
Seconder: Kimberly Mitchell, Commissioner
Ayes: Lagger, Carruthers, Mitchell, Vallone, Peterson
Nays: White
Absent: Stipan
6. 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-17-059, Andrea Al Naser and Ahmed Al Naser, Owner of Record, Timothy McGrath, Attornery, requesting (V-17-078) Variance for minimum lot area from 10 acres to 7 acres, for Pin # 14- 12-27-100-032-0000, in Manhattan Township, commonly known as 14315 W. Bruns Road, Manhattan, IL
Zoning Case ZC-17-059 takes place in Manhattan Township. The applicants acquired the property after it was subdivided in 1979 and therefore did not create their own hardship. An existing creek traverses the property. The lot has been in this configuration for many years. Staff recommended approval of the request.
Tim McGrath came forward and stated his clients just bought the property. He was present to answer any questions somebody might have.
7. Motion to approve a variance for minimum lot area from 10 acres to 7 acres for Zoning Case ZC-17-059.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Scott Lagger, Commissioner
Seconder: Kimberly Mitchell, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
8. 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-17-063, John J. Schattl, Owner of Record, Thomas Knuth, Attorney, requesting (V-17-079) Variance for minimum lot area from 10 acres to 6.019 acres, ( V-17-082) Variance for side yard setback from 50 feet to 26.63 feet, in Peotone Township, for PIN # 17-20- 20-400-004-0000, commonly known as 10426 W. Wilmington Road, Peotone, IL
Zoning Case ZC-17-063 takes place in Peotone Township. The applicants are requesting two variances. The first variance is for lot area from 10 acres to 6.019 acres and a variance for side yard setback from 50 feet to 26.63 feet. The applicant purchased the property from a 40 acre parcel back in 1986. Staff feels the hardship is self-imposed and recommended denial of the request.
The property owner is 87 years old and desires to sell the property and is trying to bring it into compliance.
Werner Roth said he has been neighbors for thirty some years and Shawn was there a year before us so the 6.019 acres was there then. It was subdivided from the forty acres then and Mr. Roth bought the thirty-five acres next to it. Mr. Roth said it has been there the whole time he's been there and he can't see where there's a problem.
9. Motion to approve a variance for minimum lot area from 10 acres to 6.019 acres for Zoning Case ZC-17-063.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
10. Motion to approve a variance for side yard setback from 50 feet to 26.63 feet for Zoning Case ZC-17-063.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
11. 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-17-067, Jeffrey and Rachel Turner, Owner of Record, requesting (V-17-089) Variance for minimum lot frontage from 150 feet to 0 feet, (V-17-088) Variance for maximum accessory building area from 1, 800 square feet to 3, 150 square feet, for PIN # 16-05-31- 202-001-1005, in Homer Township, commonly known as Vacant land on West Linsey Lane, Lockport, IL
Zoning Case ZC-17-067 takes place in Homer Township. The applicants are requesting a variance for minimum lot frontage from 150 feet to 0 feet and a variance for maximum accessory building area from 1,800 square feet to 3,150 square feet in order to build a house and a garage on the property.
The 1.07 acre vacant parcel is located on West Linsey Lane, Lockport, Illinois in the Cimarron Ridge Condominium. The condominium allowed for the division of land to create 15 separate parcels that are served by a private road. The condominium was executed in 1993.
Linsey Lane extends to Gougar Road to provide access to each individual unit. The subject lot (Unit #3) meets the minimum lot area and lot frontage requirements for the R-2 zoning district but since there is no direct access to the property from a public road, the property contains 0 feet of lot frontage. For this reason, a variance for lot frontage is required before a building permit can be issued for construction.
Staff recommended approval of the variance for 0 lot frontage because they believe a unique circumstance exists. However, staff recommended denial of the variance request for maximum accessory building area because the applicant could still build an 1,800 square foot garage and meet the zoning requirements.
Staff noted a property across the street did receive a variance for maximum building area although not quite as large as what this applicant is intending to construct.
Chairman Vallone asked was there a site plan submitted for that proposal?
Jessica said she believes so. On the plat it shows the proposed garage at the very back of the property.
Chairman Vallone asked what is behind that property? Is it vacant land?
Jessica said yes. It is vacant.
Chairman Vallone asked is it Forest Preserve Land?
Jessica said I don't believe so.
Jeff Turner said the detached garage is for hobbies. He drag races and he just had his third child and they will probably become drag racers. He also does woodworking. It is for his personal hobbies. It's not for any business. It's not a pole building. It's going to match the house. It will have brick work and siding to match the house.
12. Motion to approve a variance for minimum lot frontage from 150 feet to 0 feet for Zoning Case ZC-17-067.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
13. Motion to approve a variance for maximum accessory building area from 1,800 square feet to 3,150 square feet for Zoning Case ZC-17-067.
Roll Call Vote: Carruthers, Lagger, Peterson and Vallone voted "yes." Mitchell and White voted "no." The motion carried 4-2.
Result: Approved [4 To 2]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: Lagger, Carruthers, Vallone, Peterson
Nays: White, Mitchell
Absent: Stipan
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 ZC-17-068, Standard Bank and Trust Co. Trust No. 18291; David Stinnett, 100% beneficiary, Owner of Record, David Stinnett, Agent, Richard Kavanagh , Attorney; requesting (V-17- 091) Variance for minimum lot frontage from 60 feet to 30 feet, for PIN # 15-08- 26-200-021-0000, in New Lenox Township, commonly known as 1301 South Schoolhouse road, New Lenox, IL Variance for minimum lot frontage from 60 feet to 30 feet
Zoning Case ZC-17-068 is a request for variance for minimum lot frontage from 60 feet to 30 feet. The applicant is requesting this variance to bring an I-1 parcel into compliance to build an addition onto an existing building.
The 1.58 acre parcel is located within the Fairfield Industrial Park Condominium Development which includes 12 buildings, some of which are multi-unit, over roughly 17.5 acres.
According to Land Use Department records, building permits for the structures within the development were applied for between May 2004 and May 3, 2005. The development was then divided into several parcels through a horizontal condo with the subject parcel created on May 17, 2005.
Since the development is a horizontal condo and not an industrial subdivision or planned unit development, there are individual parcels with deficient frontage. If the applicant had gone through the subdivision or PUD process, the parcels would be compliant with zoning requirements.
Staff recommended denial of the request because they feel the applicant created his own hardship when the property was developed in 2005.
Commissioner Peterson questioned staff regarding the applicant's access to the property.
Staff explained access to the property is from an unimproved private road that goes to Schoolhouse Road.
Chairman Vallone talked about the Plat Act and that the State really needs to straighten it out. The Commission has two cases relative to the Plat Act this evening.
Tom Osterberger appeared on behalf of the applicant and asked the Commission to approve the applicant's request.
Chairman Vallone said the property is similar to those in the area and there's not a lot of traffic back there so it's not really an issue for him.
15. Motion to approve a variance for minimum lot frontage from 60 feet to 30 feet for Zoning Case ZC-17-068.
Roll Call Vote: Carruthers, Lagger, Mitchell, Peterson, White and Vallone voted "yes." The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
16. 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-17-070, Trust No. One; Owner of Record; Luke Gillen, Mark Gillen, Matt Gillen, and Don Gillen each 25% beneficiaries, Luke Gillen , Agent, requesting (V-17-070) Variance for minimum lot frontage from 180 feet to 52.84 feet , for PIN # 15-08-01-304-047-0000, in New Lenox Township, commonly known as 12445 W. Frontage Rd. South, New Lenox, IL
Zoning Case ZC-17-070 is also a variance request for minimum lot frontage from 180 feet to 52.84 feet. It takes place in New Lenox Township.
The purpose of the request is to bring the property into compliance with the E-2 zoning district in order to complete an addition and complete fire repair of a residence that is on the parcel.
The parcel is about 4.1 acres and is split zoned A-1 and E-2. The A-1 portion is where the residence is located and the E-2 portion is to the north. The applicant has submitted a split zoning decision to the office. It is currently under review. They are looking to apply E-2 to the entire parcel which is why they are requesting the variance for minimum lot frontage which is the E-2 standard.
Chairman Vallone asked where is the lot frontage considered?
Janine Farrell said it is right here at the dead end of West Frontage Road.
Staff recommended approval of the requested variance. This frontage was created in 1968 from staff's research.
Luke Gillen came forward and told the Commissioners there was a fire back in August. The day they went down to get a building permit this was all brought up. His father has been out of the home for seven months trying to get this all taken care of. So it's been a hardship on the family.
Janine said when the applicant came in the building permit was for fire damage and according to that as long as they come in within eighteen months the building permit would have been issued. There were three different sets of plans when staff did their review and it became apparent there was also an addition being added; which is why a variance is being required.
17. Motion to approve a variance for minimum lot frontage from 180 feet to 52.84 feet for Zoning Case ZC-17-070.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
VI. Other
VII. Executive Session
VIII. Announcements
IX. Adjournment
1. Next Planning and Zoning meeting on March 6, 2018
2. Motion to adjourn the meeting.
The motion carried unanimously 6-0.
The meeting was adjourned at 7:35 pm.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Vallone, Peterson
Absent: Stipan
X. Visit www.willcountylanduse.com to view agendas and staff reports
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2917&Inline=True
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