Will County Planning and Zoning Commission met February 6.
Here is the minutes provided by the Commission:
I. Call To Order
II. Pledge Of Allegiance
Mike Carruthers led the Pledge of Allegiance to the Flag.
III. Roll Call And Declaration Of Quorum
Vice Chairman Hugh Stipan called the meeting to order at 6:30 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 Present
Leonard Vallone Chairman Absent
Barbara Peterson Secretary Present
Six members were present at roll call. A quorum was declared.
Staff members present were:
Brian Radner, Development Review Division
Dawn Tomczak, Development Review Division
Janine Farrell, Development Review Division
Jessica Gall, Development Review Division
Tim Anderson, Resource, Recovery & Energy Division
Matt Guzman, Will County State's Attorney's Office
The Commission Secretary announced that all variance cases would be heard to conclusion this evening by the Planning & Zoning Commission. All other cases will advance to the Land Use and Development Committee February 13, 2018, 10:30 AM in this County Board Room.
IV. Approval Of Minutes
1. WC Planning and Zoning Commission - Public Hearing - Dec 5, 2017 6:30 PM
2. Motion to approve the Regular Meeting Minutes of the December 5, 2017 Will County Planning & Zoning Commission as presented.
The minutes were approved unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
V. Zoning Cases
1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-17-031, Tyler Jabaay, Owner of Record, Requesting (S-17-007) Special Use Permit for a Landscaping Business, (V-17-062) Variance for Minimum Side Yard Setback from 50 feet to 2.87 feet and (V-17-065) Variance for Minimum Rear Yard Setback from 50 feet to 11.69 feet, for PIN #22-23-17-100-031-0000, in Washington Township, Commonly Known as 29822 S. State Line Road, Beecher, IL
The first zoning case to be heard was Zoning Case ZC-17-031.
Staff presented a request for a special use permit for a landscaping business, a variance for minimum side yard setback from 50 feet to 2.87 feet and a variance for minimum rear yard setback from 50 feet to 11.69 feet. The applicant is Tyler Jabaay. The property is located at 29822 S. State Line Road, Beecher, Illinois.
Zoning Case ZC-031 was first presented to the Planning & Zoning Commission November 7, 2017. It was tabled at that meeting and also at the December 5, 2017 meeting to allow staff to investigate some issues presented by some adjacent property owners.
Since that time staff has updated the conditions. Staff recommended approval of the special use permit with fifteen (15) conditions and denial of both of the variances. Staff summarized the fifteen conditions which were displayed on the overhead projector.
The applicant approached the podium.
Acting Chairman Stipan asked the applicant if he understood staff is recommending denial of the requested variances.
The applicant indicated that he understood. He stated he would really like to keep the greenhouses there. The applicant stated he submitted letters from neighbors that are adjacent to the green houses stating they are not in opposition to the variances if granted. The property to the north does not go back as far as the applicant's and therefore does not border his property.
The applicant spoke regarding the special use permit. He has done some research as to what it would take for him to bring the building up to commercial code. The applicant does not feel he can afford to build the building up to commercial building code. It's just a cold storage building and in order for him to build it up to commercial code would cost well over $100,000.00. He's not in a position to do that. The applicant said he thought he would just have to withdraw because he just can't afford to do it.
Mrs. Peterson asked Mr. Jabaay how long have you been in business?
Mr. Jabaay said nine years. Since 2008.
Mike Carruthers asked the applicant what happened with the structures that were placed there without a permit.
Mr. Jabaay said those are not permanent structures so one of them is a carport they put pallets of salt under so they don't get wet. The other is just a larger carport that has large tap-ons that are screwed into concrete. They are just anchored down into that. There's no electric. There's no water. They're just there to keep materials from getting wet.
Mr. Carruthers said if you had obtained a building permit from the Land Use Department you would have been advised of the A-1 setback requirements, correct?
The applicant said correct.
Mr. White said the last time you were here there were issues mentioned with the drainage onto an adjacent property. Have you corrected that problem?
The applicant said he did cap that. Greg, I believe his last name starts with an R, is aware of that and it has been corrected.
The applicant said he is withdrawing the request for the special use but he would still like to request approval of the variances.
Dan Bolin introduced himself as the attorney for Ken and Fran Rewers. They asked for denial of the requested variances for the following reasons:
1. The hardship is self-imposed.
2. The applicant constructed these structures without a permit.
3. The plight of the owner is not due to unique circumstance.
4. Having the structures so close to the property line would alter the essential character of the area.
5. Operation of the landscaping business in the greenhouses has a negative impact on the floodplain in the area.
The applicant responded to statements made by the objector's attorney stating his property has always been higher. Land Use staff came out and met with the applicant and Mr. Rewers. He stated Mr. Jabaay's land has always been higher and he's not displacing any more water. Mr. Rewers has hydric soil and he knows that it holds water. His property is five feet lower than the applicant's property. Mr. Jabaay stated he is not causing anymore runoff having those greenhouses there than before.
Mr. Stipan asked the applicant when you said you're withdrawing your application are you withdrawing your application for a special use permit?
Mr. Jabaay said yes.
Mr. Stipan asked Mr. Jabaay and you want to continue with your request for the variances?
Mr. Jabaay said yes sir.
Kim Mitchell asked Mr. Jabaay you're not going to operate the landscape business?
Mr. Jabaay said right now, I don't know. It remains to be seen.
Kim MItchell asked can you have a landscape business without the building?
Janine Farrell said no. By withdrawing the special use for the landscape business we would be re-visiting the code enforcement case and then you would be required to abandon the landscape business.
The applicant said I have no idea where I'm going to go. I know I can't afford to put the money into the building. He talked to his banker about getting a line of credit on his land but they were told he is in violation so he wasn't even able to get a line of credit. The building is 5100 square feet and he can't afford to make the upgrades to commercial code.
Mr. Jabaay stated the back of the Rewers property doesn't go back as far as his. The greenhouses border the property to the west. He also has a berm in the front of his property so the greenhouses are not visible from the road.
Matt Guzman stated the Commission did not need to vote on the special use since the applicant has withdrawn his request.
2. Motion to approve a variance for minimum side yard setback from 50 feet to 2.87 feet for Zoning Case ZC-17-031.
Roll Call Vote: White voted "yes." Carruthers, Lagger, Mitchell, Peterson, Stipan voted "no." The motion failed 1-5 thereby recommending denial.
Result: Defeated [1 To 5]
Mover: Thomas White, Commissioner
Seconder: Scott Lagger, Commissioner
Ayes: White
Nays: Lagger, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
3. Motion to approve a variance for rear yard setback from 50 feet to 11.69 feet for Zoning Case ZC-17-031.
Roll Call Vote: Mitchell and White voted "yes." Carruthers, Lagger, Peterson and Stipan voted "no." The motion failed 2-4 and was thereby denied.
Result: Defeated [2 To 4]
Mover: Thomas White, Commissioner
Seconder: Scott Lagger, Commissioner
Ayes: White, Mitchell
Nays: Lagger, Carruthers, Stipan, Peterson
Absent: Vallone
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-17-053, CGMA Inc. Mark and Candy Shell, Owner of Record, 50% each beneficiaries, requesting (V- 17-070) Variance for minimum lot frontage from 300 feet to 0 feet, for PIN # 01- 25-28-300-024-0000, in Custer Township, commonly known as vacant parcel on South Irish Lane, Custer Park, IL
Zoning Case ZC-17-053 concerns a request for variance for minimum lot frontage from 300 feet to 0 feet for property located on South Irish Lane, Custer Park, Illinois. The purpose of the request is to allow for the construction of a home and to bring the parcel into zoning compliance.
This ten acre A-1 zoned parcel is one of four similar parcels that share access to S. Irish Lane through a recorded easement. The property is heavily wooded and unimproved with the exception of a small shed. There are two identified wetlands on the property. There are no identified floodplains on the parcel.
Approval of the requested variance will have little to no impact on surrounding area and has been in its present configuration for thirty-eight years when a forty acre parcel was subdivided into four ten acre parcels.
Staff recommended approval of a variance for minimum lot frontage from 300 feet to 0 feet.
Roman Kowalczyk stated he is the owner of the lot directly east of the subject lot. His lot was granted a variance in 2000. He and his wife bought this lot two years ago hoping to build their dream house there. At the time they were told this lot was unbuildable and that was one of the reasons why they decided to buy their lot because there would not be any building there.
The new owners bought the lot in September. They paid $50,000.00 for it and immediately listed it for $64,900.00. She is a realtor and they were sending people to look at the lot without coming with them. People were coming to his door asking where it was when they couldn't find the lot. Some wanted to put a car shop there. They were told it was buildable.
The objector stated that Irish Lane is only a half mile long and very narrow. The lot is very low and is always wet in the spring. The objector expressed concerns regarding flooding.
John Evans stated the aerial map shows Irish Lane cuts right through the middle of his property. The one acre that he owns does not have the easement on it. Just the ten acres. Mr. Evans stated two wetlands have been identified on the property. These are hydric soils.
Commission Member Kim Mitchell told Mr. Evans this variance is not about whether the lot is buildable. Those issues will come up further in the process. We're here only to hear the variance.
Janine Farrell stated she and Matt from the State's Attorney's Office both reviewed the plat of survey, the plat of survey from the previous zoning case, the original deeds that were recorded when these properties were created from 1978 to 1980. They reviewed the current deeds for the current owners of the property. The legal description references both the diagonal and the road that leads east- west. When you read the measurements from the beginning it covers both.
Matt agreed with Janine saying she is perfectly right. Matt and Janine spent quite a bit of time reviewing this case and all four of these deeds have access to it. The legal description describes that all four have access to it.
Kim Mitchell asked Mr. Evans was the road there when you bought the property?
Mr. Evans said it was a path. He had to buy it separately and he pays taxes on it. There are three of us here opposing this variance.
Hugh Stipan said the aerial does show that property to the right of the red property is where the road terminates. Janine said the plat of survey would be more accurate than the GIS with the overlays.
Hugh Stipan said so the plat of survey showing it going right to the corner is correct.
Janine said that would be correct. That's the official document signed by the land surveyor.
Roman Kowalczyk said the request is not for the road to get to this lot. The requested action as the staff report says is a variance for the applicant's intention to build a home and bring the parcel into compliance with the Will County Zoning Ordinance. If he gets a variance that gives him the right to build a house on it. That's all he needs to sell the property.
Kim Mitchell stated all we are hearing tonight is a request for variance to bring the property into compliance with the County's Ordinance.
Hugh Stipan stated the man will have to come back to the County if he wants to build a house and he will have to prove that he has dry soil or soil that he can re- mediate so that he can build a house. That's a whole different project than what we are doing here tonight. All we are doing is Planning and Zoning on the variance.
Dave Gomez stated he recently purchased property at 36257 Irish Lane. He said he put in what he thought was a reasonable offer on the property. He said he knows a lot of the neighbors in the area and he would use it strictly for hunting purposes. There would be no need for any of this. He wouldn't be building a house on it. His property touches the very top of it.
Commissioner Peterson asked Mr. Gomez if you put in an offer what happened to your offer?
Mr. Gomez said it was turned down.
Mrs. Peterson asked the owner turned it down?
Mr. Gomez said correct.
5. Motion to approve a variance for minimum lot frontage from 300 feet to 0 feet for Zoning Case ZC-17-053.
The motion passed unanimously 6-0.
Result: Approved [Unanimous]
Mover: Kimberly Mitchell, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
6. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-17-055, West End Tool and Die Inc., Owner of Record, Michael Zambon 40%, Officer, Director and 40% Shareholder, John Zambon, Director and 45% Shareholder, Robert Lipka, Officer, Richard Kavanagh of Kavanagh Grumley and Gorbold LLC, Attorney, Requesting a Zoning Map Amendment from A-1 to I-2 ,for PIN # 30-07-13-400- 023-0000, in Joliet Township, Commonly Known as Vacant Property on New Lenox Road, Joliet IL
The next case up for consideration was Zoning Case ZC-17-055. West End Tool and Die are requesting a map amendment from A-1 to I-2 on property located on New Lenox Road in Joliet Township.
Staff stated the purpose of the map amendment is to allow the applicant to establish West End Tool & Die, which is currently operating at 22020 Howell Drive in New Lenox.
An aerial map, plat of survey and concept plan of the property was displayed.
A detention basin is located at the back of the property that also serves All American Recycling located to the east.
The property is currently zoned A-1 and is deficient in lot area. Upon rezoning it will meet all requirements of the I-1 zoning district. I-2 zoning is to the east. A-1 is located to the west. A residential lot is located to the south. A mix of zoning to the north includes A-1, agricultural zoning, I-1 industrial, commercial, C-3, C-4. Once you get closer to Cherry Hill Road, those properties are within the City of Joliet, are also zoned industrial.
The City of Joliet's Comprehensive Plan designates the subject property as industrial. The trend of development on the east side of Cherry Hill Road is toward industrial. The requested zoning is compatible with zoning in the area.
Staff recommended approval of a map amendment from A-1 to I-2 zoning.
There were no objectors present.
7. Motion to approve a map amendment from A-1 to I-2 for Zoning Case ZC-17-055.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
8. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended Zoning Case ZC-17-057, Emerald Properties, LLC, Owner of Record, Vaide Naso, Sole Beneficiary, Robert Wagner, Agent, John Antonopoulos, Antonopoulos & Virtel, P.C.; Attorney, Requesting (M-17-009) Zoning Map Amendment from A-1 to I-2, for PIN #11-04-02-205-020- 0000, in Lockport Township, Commonly Known as 13816 High Road, Lockport, IL
Zoning Case ZC-17-057 is a request for map amendment from A-1 to I-2 zoning.
The property is located in Lockport Township at 13816 High road. The purpose of the request is to expand the existing concrete company located on the adjacent property to the north.
An aerial of the subject property was displayed. There is an existing single family residence and a pole barn on the property. This property has a special use for a contractor's shop. Upon approval of the map amendment that special use becomes void. The applicant intends to remove the residence and possibly the pole barn and construct a new building and a parking lot.
The property to the north is zoned I-2. The applicant intends to combine the subject property with the property to the north upon approval of the map amendment to I-2. Surrounding zoning includes I-2 to the north, R-2A to the south, A-1 (Enbridge Natural Gas) to the east and I-1 with SUP for outdoor storage for a landscaping company (undeveloped) to the west.
The Village of Romeoville Comprehensive Plan Update (July 2017) designates the subject property as "Mixed Use/TOD" as part of the new Metra station development. Prior to that the subject property was designated as "Basic Industry."
The Village of Romeoville has no objection to the request.
Mr. Stipan said he concludes that by going to I-2 they will not need that non- transferable special use permit?
Jessica said correct.
John Antonopoulus who is an attorney was present to answer questions on behalf of Mr. Wagner who runs the concrete business.
No objectors were present.
9. Motion to approve a map amendment from A-1 to I-2 zoning for Zoning Case ZC-17-057.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Scott Lagger, Commissioner
Seconder: Kimberly Mitchell, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
10. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, Zoning Case ZC-17-062, Hot Spot Furniture Corp.; Owner of Record, Gary Briden, President and Chris Briden, Vice- President, Constantine Tzamouranis, Attorney, Requesting (S-17-013)Special Use Permit for Light Equipment Sales/Rentals, for Pin #15-08-26-200-007-0000, in New Lenox Township, Commonly Known as 1333 S. Schoolhouse Road, New Lenox, IL
Zoning Case ZC-17-062 concerns a request for a special use permit for light equipment sales and rentals.
Hot Spot Furniture Corporation is the owner of the property located on Schoolhouse Road in New Lenox Township. The owners of the property are requesting the special use permit in order to sell scooters, go-carts and golf carts in the I-1 zoning district.
The business they are operating from the property is called Safer Wholesale.com, which is an internet retail online sales site.
Photographs of the 20 plus acre property was displayed. It is the former Panduit site.
I-1 zoning surrounds the subject site.
Staff recommended approval of the special use permit with four (4) conditions. The first condition is the standard. The second is in regards to the parking lot and accessible spaces. The third condition is in regards to landscaping. This is something the Village of New Lenox has also recommended. The Village heard this case on January 16th for their Plan Commission and then on January 22nd for their Village Board. The fourth condition is in regards to securing the building permits once the special use permit has been issued.
Staff stated it is their opinion the proposed special use will not have a negative impact on surrounding properties in this area.
The Illinois Department of Natural Resources, the Will County Health Department and Will-South Cook Soil and Water Conservation District have no objections to the request.
No objectors were present.
11. Motion to approve a special use permit for light equipment sales/rentals for Zoning Case ZC-17-062 with the four (4) conditions as outlined in the staff report.
The motion passed unanimously 6-0.
Result: Approved [Unanimous]
Mover: Scott Lagger, Commissioner
Seconder: Thomas White, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
12. 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-17-064, Elaine Rhyne Pajak, Owner of Record, requesting (V-17-080) Variance for rear yard setback from 20 feet to 9 feet, for PIN # 11-04-06-177-085-0000,in Lockport Township, commonly known as 13764 S. Hickory Lane, Plainfield IL
Zoning Case ZC-17-064 is a request for a variance for rear yard setback from 20 feet to 9 feet with the intentions of building an all screened patio.
This case concerns Parcel 4 in Carillon Subdivision. According to the subdivision plat recorded with this parcel, the existing structure is already built to meet the rear yard setback so any addition to that encroaches into the rear yard setback.
Aerial photographs of the subject site were displayed.
Staff referred to a memo from the applicant who could not be present.
The proposal was reviewed and approved by the subdivision's architectural committee. A letter of approval from the Carillon Homeowner's Association was also included with that memo.
Staff finds that the variance, if granted, will not alter the essential character of the locality and thereby recommended approval of the variance for rear yard setback from 20 feet to 9 feet.
13. Motion to approve a variance for rear yard setback from 20 feet to 9 feet for Zoning Case ZC-17-064.
The motion carried unanimously 6-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
VI. Other
Brian Radner stated as most of you know Curt Paddock retired at the end of January. Also, Mike Smetana took a position with the Village of Lisle. In the interim David Dubois has been named the Acting Department Director and Brian is handling the Building Division now, as well.
If anyone has any question Brian said he will be happy to talk to them.
Hugh Stipan complimented staff saying they did a wonderful job tonight, as per usual. It's always nice when you are short handed to still put out product. As a businessman and former business owner Mr. Stipan said he really appreciates that.
VII. Executive Session
VIII. Announcements
Mr. Stipan stated our next meeting will be the 20th of this month.
IX. Adjournment
1. Next Planning and Zoning Commission Meeting will be February 20, 2018
2. Motion to adjourn the meeting.
The motion passed unanimously 6-0.
The meeting was adjourned at 7:45 pm.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Peterson
Absent: Vallone
X. Visit www.willcountylanduse.com to view agendas and staff reports
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2906&Inline=True
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