Will County Planning and Zoning Commission met April 3.
Here is the minutes provided by the Commission:
I. Call To Order
II. Pledge Of Allegiance
Kim Mitchell led the Pledge of Allegiance.
III. Roll Call And Declaration Of Quorum
Chairman Leonard Vallone called the meeting to order at 6:35 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 Present
Barbara Peterson Secretary Present
The roll was called. Seven members were present. A quorum was declared.
IV. Approval Of Minutes
1. WC Planning and Zoning Commission - Public Hearing - Mar 6, 2018 6:30 pm
The Regular Meeting Minutes of the March 6, 2018 Will County Planning & Zoning Commission Meeting were presented for review and approval. There were no additions, deletions or corrections.
2. Motion to approve the Regular Meeting Minutes of the March 6, 2018 Will County Planning & Zoning Commission Meeting as presented.
The minutes were unanimously approved 7-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
V. Zoning Cases
Commission Secretary Barbara Peterson stated variance cases would be heard to conclusion by this Commission this evening. All other cases will advance forward to the Land Use and Development Committee Meeting to be held Tuesday, April 10th, at 10:30 AM in this County Board Room.
1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-18-005, Douglas Wayne Story, Owner of Record, Larry Wennlund, Attorney, Requesting a (S-18- 002) Special Use Permit for a Firearms Dealer, for PIN #14-12-01-401-006-0000, in Manhattan Township, Commonly Known as 23565 S. Highland Drive, Manhattan, IL
Chairman Vallone announced Zoning Case ZC-18-005. The applicant is Douglas Wayne Story. He is requesting a special use permit. Larry Wennlund is his attorney.
Janine Farrell from staff opened discussion of the request. The applicant is requesting a special use permit for a firearms dealer at property located on S. Highland Drive in Manhattan Township. The applicant would like to do gunsmithing as a home occupation and would only be doing actual firearms dealing on a very limited basis.
Under Federal Law a gunsmith is still required to obtain a Federal Firearms License or FFL. The same as a dealer and under Will County Zoning Ordinance it is also classified as a use under firearms dealer.
An aerial photograph of the 1.41 acre parcel located in Highland Subdivision was displayed.
The property is zoned R-2.
Staff recommended approval of the special use permit for a firearms dealer with seven (7) conditions. After consultation with the Sheriff's Office and the Will County State's Attorney two of the conditions have been revised. Condition #3 was amended to say ".shall immediately be null and void." and Condition #7 was amended to state."Security cameras shall be installed outside only instead of inside and outside."
Staff summarized the conditions. The first condition grants staff the right of entry to the property for purposes of inspection and compliance with the conditions.
The second condition states the special use permit is valid only for Douglas Wayne Story and the special use permit is not transferable.
Condition Number 3 states the special use permit shall immediately be null and void upon failure to obtain or maintain a Federal Firearms License.
Condition 4 states."All firearms must be stored in a safe during non-business hours. Pursuant to Will County Zoning Ordinance Section 155-10.10-D(2)(I), business hours are 8:00am to 8:00pm."
Condition #5. The storage, manufacturing, and/or the production of ammunition is subject to the review and approval of the Will County Sheriff's Office.
Condition #6. The subject property shall be improved with an electronic security system that emits an audible alarm at the firearms dealer property when triggered. The security system must also transmit a silent alarm directly to a public safety agency. If the public safety agency with jurisdiction over the firearms dealer property does not allow for direct transmission of alarm signals, the security system must transmit an alarm signal to a UL-approved monitoring station that must, within two minutes, provide notification to a public safety agency with jurisdiction over the firearms dealer property. The electronic security system shall include the installation of panic buttons and is subject to the review and approval of the Will County Sheriff's Office.
Condition #7. Security cameras shall be installed outside of the residence. The security camera system must record 24 hours a day. The security system must be a digital video recorder and the digital video recordings must be retained for at least 30 days. Digital video recording must be produced when requested by a law enforcement official.
Comments were also received from the Will-South Cook Soil & Water Conservation District, IDNR, the Village of New Lenox and Manhattan Township. None of these agencies objected to the request.
Chairman Vallone talked about a possible conflict between Condition #7 and Condition #1.
Matt Guzman said he thinks Condition #1 is to make sure that they are in compliance, that the security cameras are up and installed, that the safe is proper and all that. Matt does not foresee Condition #7 being in conflict because he foresees that to be in a situation where there is a law enforcement investigation, say a theft or a burglary that occurred. So you want to make sure of the cooperation of the applicant to turn over any videos they may have of the eventual perpetrator. The State's Attorney does not feel #1 would prevent them from coming on the property such as in the case of search warrant. He does not see #1 and #7 to be in conflict.
Larry Wennlund spoke on behalf of the applicant. Mr. Wennlund stated that Mr. Story is a full time employee of GlaxoSmithKline. He is looking for a home occupation on a part time basis which he intends to continue on when he retires in a few years on a full time basis.
Mr. Wennlund stated Mr. Story was a marine for four years and is experienced in the repair and maintenance of all types of firearms from handguns to rifles. He is also a range officer at the Illinois State Rifle Association Range in Bonfield, Illinois. He has taken several courses in gunsmithing. He does not intend to open a gun store.
Mr. Douglas Wayne Story spoke to the Commissioners. He is a resident of Manhattan, Illinois and has lived at his current residence with his wife for twenty- five years. Mr. Story said he was an armorer in the US Marine Corps. He also does competition shooting with the International Defensive Pistol Association so he is aware of the wear and tear on firearms and what it takes to keep them up and running.
Mr. Story said his job as Range Officer brings him in contact with many different people and situations where they have had malfunctions of firearms and it is his job to keep people safe and instruct them in the proper use of firearms.
He has been with an International Chemical Manufacturer for the past twenty- three years. He is the Senior Network Engineer and also the Lead Productivity Support Officer covering chemical plants for the United States and Mexico. He is close to retirement and he wants to stay busy and would like to supplement his income. All he needs to do this work is a work bench. Common tools are those found in anybody's garage and some special forms. Those forms would come from the ATF, which he has applied for and has the background check necessary to complete this application. He is just waiting for the Commission's review.
Mr. Story stated the reason a gunsmith needs the FFL License is because if he is to work on a firearm from a family member or a friend and has to keep it overnight he must fill out the formal acquisition and disposition forms required by the ATF. Also, in order to return that firearm he must return it to that person that he got it from. If that were to change and that person were to send someone else in to pick up that firearm he could not give that firearm to them. This binds him to all the Federal and State Firearm regulations. He is well aware of all the regulations. He has been studying them for several years in preparation for this opportunity. There will not be any new firearms or live ammunition sold at his house or stored at his house. Nothing at all for the general public. This is strictly for me, my friends and my family. Just to fix the old guns that they have.
Hugh Stipan asked Mr. Story you've read all the stipulations that they want to put on you here?
Mr. Story said yes I have.
Mr. Stipan asked Mr. Story and you agree to all of them?
Mr. Story said yes I do, sir.
Chairman Vallone asked Mr. Story when he is rebuilding the firearms does he take them out to the range and shoot them to see if they're up to the specifications they should?
Mr. Story said it is imperative that you test fire these firearms before giving them back to the owners. It is his responsibility to make sure these firearms are operating and functioning accurately and safely in all respects.
There were no objectors present.
2. Motion to approve modifactions to Conditions #3 and #7 for Zoning Case ZC-18- 005 as stated.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
3. Motion to approve a special use permit for a firearms dealer for Zoning Case ZC- 18-005 with seven (7) staff conditions as modified.
Roll Call Vote: Carruthers, Lagger, Mitchell, Peterson, Stipan, White and Vallone voted "yes." The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
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-18-007, Dawid Liszkowski, Lucyna B. Liszkowska and Jan Liszkowski , Owners of Record, requesting (V-18-008) variance for lot frontage from 150 feet to 0 feet , for PIN # 16-05-31-202-001-1012, in Homer Township, commonly known as 16055 W. Linsey Lane, Lockport, IL
Chairman Vallone announced Zoning Case ZC-18-007. Dawid, Lycyna and Jan Liszkowski are the owners and applicants. They are requesting a variance.
Staff stated Zoning Case ZC-18-007 is a request for a variance for lot frontage from 150 feet to 0 feet. The variance is requested to bring the parcel into compliance and to construct a home. They submitted a building permit to the Will County Land Use Department. Upon approval of the variance by the Planning and Zoning Commission staff will review the request to make sure that all setbacks are met. The property is addressed as 16055 W. Linsey Lane, Lockport, Illinois.
The subject property is known as Unit 12, Cimarron Ridge Condominium. It is approximately 1.07 acres with approximately 151 feet of frontage along Linsey Lane. Since Linsey Lane is a private road Lot 12 does not meet the definition for lot frontage of the Will County Zoning Ordinance. Because of this all vacant lots on Linsey Lane located in Cimarron Ridge Condominium will need variances in order for them to be built upon. Staff noted 3 vacant lots remain.
A site plan of the proposed residence was displayed.
The subject lot is zoned R-2, as are all the lots located within Cimarron Ridge Condominium. Two lots to the south are zoned E-2 and are used for residential purposes.
Aerial photographs of the subject site and surrounding area were displayed.
Correspondence received from the Will County Health Department and the Lockport Fire Protection District indicated neither of those agencies have any objections to the request.
Staff recommended approval of a variance for lot frontage from 150 feet to 0 feet for zoning Case ZC-18-007.
The Chairman asked about the last names of the applicants being spelled differently.
Staff stated in the Polish culture the last names of the female end in an ska and the last name of the males ends in an ski. So it's not a typo.
No objectors were present.
5. Motion to approve a variance for lot frontage from 150 feet to 0 feet for Zoning Case ZC-18-007.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Scott Lagger, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
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-18-008, JNB Holdings LLC; Jerome Buksa, 100% Ownership, Jeremy Stanulis , Agent; William Bazianos, Attorney, requesting (V-18-010) Variance for lot frontage from 150 feet to 32.5 feet, and (V-18-011) Variance for side yard setback from 20 feet to 1.8 feet, for PIN # 30-07-11-323-008-0000, in Joliet Township, commonly known as 96 Bissell Street, Joliet IL
Chairman Vallone announced Zoning Case ZC-18-008. The applicant is JNB Holdings LLC; Jerome Buksa is 100% Owner and Jeremy Stanulis is the agent.
Jessica Gal stated Zoning Case ZC-18-008 takes place in Joliet Township. The applicant is requesting two variances to bring the property into zoning compliance. The first variance is a request for lot frontage from 150 feet to 32.5 feet and the second variance is for side yard setback from 20 feet to 1.8 feet.
The applicant purchased the property last year to establish his trucking company known as Sharp Transport Services. They also provide trailer repair and maintenance.
An aerial photograph and plat of survey were displayed.
Maple Street has been vacated so the only access to this property is provided by Bissell Street. The property is bordered on two sides by railroad tracks. It is currently zoned I-3 and is being used as a truck terminal. Bissell Street and Cass Street are maintained by the City of Joliet.
Comments received from the City of Joliet and the Will County Health Department state no objection to the requests.
Staff recommended approval of both variance requests.
Hugh Stipan said the second variance request on their sheet states 1.2 feet but the agenda says 1.8 feet. Which is correct?
Jessica stated it is 1.8 feet.
Robert Kapteyn stated he is the owner of the historic factory at 100 Bissell Street.
Chairman Vallone asked where is it in relationship to the property?
Mr. Kapteyn said it's north and he welcomes development to the neighborhood. Bissell Street is a deadend street and there is a gridlock of trucks on the street. He has noticed at least three over-the-road trucks parked along the street during the night because they couldn't get into the yard because the gate was closed.
Chairman Vallone said staff did mention that street is under the jurisdiction of Joliet. Trucks parking on the street is something Mr. Kapteyn would have to go to the City of Joliet about. Mr. Kapteyn said a neighbor and his father's truck was damaged by trucks trying to turn around because they couldn't get into the locked gate. Mr. Kapteyn would like to see the issue addressed.
The Chairman asked the State's Attorney is the parking on the street and the gridlock something that needs to be addressed by the City of Joliet?
Matt Guzman said yes. The County doesn't have jurisdiction over this particular roadway. We can't start imposing regulations like "No Parking" signs. We don't have jurisdiction on that.
Mr. Kapteyn said ideally he would like to see Maple Street opened.
Chairman Vallone asked Mr. Kapteyn have you gone to Joliet about this yet?
Mr. Kapteyn said no. I just got this a few days ago.
Chairman Vallone suggested Mr. Kapteyn talk to the applicant after the meeting about the parking. He is sure they all want to be good neighbors so maybe there is something they can work out.
The applicant agreed sometimes there is congestion on Bissell Street but he is not sure that it is because of his business only. All the industrial businesses use trucks and trailers like his and he has seen trucks parked out there early in the morning and late at night that have nothing to do with his business. He's not sure if that is something they can all talk to Joliet about. Maybe put up some no parking signs.
Chairman Vallone asked the applicant do you have an open gate policy or do you have an attendant at that gate or is it something that someone can't get into your yard when you are closed? Are they on that street?
The applicant said he doesn't advertise online or get a lot of walk-in business. He does work with a lot of fleets. They all know his hours of operation. He has had drivers show up late and he told them to go to the nearest truck stop. I can't control what they do. I'm open from 7:00 to 3:30 Monday through Friday and sometimes on Saturday. But that's it. We do close the gate before we leave.
Chairman Vallone suggested the applicant talk to Mr. Kapteyn if he notices a problem in the future and maybe they can work something out.
Debra Manuel said she is not objecting but she got this letter and she wants to make sure it doesn't have anything to do with her property and that she is clear. She is at 1014 E. Clinton St. Debra Manuel asked what does this have to do with her residence?
The Chairman told Ms. Manuel that whenever adjacent property owners are effected by what property's adjacent to them are doing they get a letter sent to them to let them know there is a hearing and that there are going to be some changes to that property. Will County wants you to know that something is being done to that property. The laws now are different then what they were in 1950 so in order for the applicants to use the building today for what they want they have to come in for variances for the building. Because the building was built there when the railroad was coming through it was built too close to the lot lines so now they have to come in for variances in order to run the business. It's a process the County puts them through when the letter of the law isn't followed or changes.
7. Motion to approve a variance for lot frontage from 150 feet to 32.5 feet for Zoning Case ZC-18-008.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Kimberly Mitchell, Commissioner
Seconder: Scott Lagger, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
8. Motion to approve a variance for side yard setback from 20 feet to 1.8 feet for ZC-18-008.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Kimberly Mitchell, Commissioner
Seconder: Scott Lagger, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
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-18-012, Jasvinder Chawla and Asvinder K. Chawla, Owners of Record, Diane and William Dau, Agent, requesting (V-18-012) Variance for lot frontage from 300 feet to 66 feet, for PIN # (part of) 01-25-19-400-018-0000, in Custer Township, commonly known as vacant property on Route 113, Custer Park, IL
Chairman Vallone announced Zoning Case ZC-18-012. The applicants are Jasvinder Chawla and Asvinder Chawla and the applicants Diane and William Dau. They are requesting a variance.
Jessica Gal from staff opened discussion of the case. The applicants Diane and William Dau are interested in purchasing ten acres of the property and combine it with another parcel but in doing so would create a lot deficient in lot frontage. They are requesting a variance from 300 feet to 66 feet. The property is located in Custer Township. The subject property is 33.46 acres. There are three wetlands located on the property.
Photographs of the site were displayed.
The property is zoned A-1.
Staff recommended approval of the request.
Dale Stanic objected to the request stating he is concerned because the drainage system out there is pretty poor to begin with. He said building a house right next to his property is going to inundate his property even more. In a heavy rain he can watch the rain come off that property and fill his backyard.
The Chairman asked is that property higher than yours?
Mr. Stanic thinks that property is a little higher than his but most of the people in the area have trouble because they are surrounded by farmland. The drain tile from this farmland is on the outskirts to the south and to the west.
Chairman Vallone asked where is your house in relation to the property?
Mr. Stanic indicated he is on the north side of the street.
Chairman Vallone asked staff to address what steps the County has in place in regards to water coming off of that property?
Janine Farrell said during the site development process which is part of the building permit process our engineers will evaluate the information that is provided by the applicant. They have to show the contours of the land. They have to show that they are not changing or altering those contours of the land when building a house. According to the map the rear of this gentleman's property is actually within that wetland area so that could also explain some water on his property.
The Chairman said doesn't the County have some Ordinance in place with regard to runoff from one property owner's property to another?
Janine said yes. There is. The Illinois Drainage Law says you cannot alter drainage flow and you have to accept water and continue to move it on so they can't just pool it onto someone else's property.
Mrs. Peterson said it sounds like that's exactly what's happened to some of the homes down here.
Janine said that's why I mentioned the wetland that runs down the rear of all those properties. So that is going to be wet.
Chairman Vallone told the objector to get Jessica's card and he can contact her to find out what their plan is and how they are going to develop the property.
Ben Krall stated he lives at 35820 Linden Lane. It is the second lot north of Charlotte Avenue on the west side. Mr. Krall disagreed with Staff Finding of Fact 1. a. On page 3 of the staff report that states."That the plight of the owner is due to unique circumstances." The wetlands condition in this area is not unique to this property. It's common in the area and was mediated by the developer of the River Forest Unit Five Subdivision that they reside in by stormwater diversion ditches adjacent to the existing roads to drain the water out of the subdivision towards the Kankakee River.
Mr. Krall said on the west end of Charlotte the entire drainage system is designed around drainage swales adjacent to the roads and as it approaches the end of the property on the right there is a paved drive entrance to an existing structure. There is a culvert under that driveway which blocks the swale coming from the property in question. So the drainage water coming from that property would not be able to flow along these roads into the subdivision and make its way to the Kankakee River. Mr. Krall stated a number of improvements would need to be made to drain that property appropriately.
Chairman Vallone said there's a limit as to what can come off that property other than what comes off there currently. Does the water flow towards the east?
Mr. Krall said yes it does. The swales are designed to draw the water to the east and then to the north to the Kankakee River.
Chairman Vallone said our engineers are going to look at that and make a recommendation.
Mr. Krall also objected to Staff Finding of Fact 2.a. that states."That the particular physical surroundings, shape, or topographical conditions of the subject property results in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
Mr. Krall said these conditions were present at the time of the original zoning of this property and do not represent a particular hardship on the owner. That condition was understood at the time of the original purchase of the property and a single residence on the north end of the parcel would not necessitate development in the wetlands area. So what they are saying is by dividing the property they are creating a hardship by having wetlands in the way. Mr. Krall said the property was originally developed so that a residence could be erected on the north end of the property near Route 113 without any impact to the wetland.
Chairman Vallone pointed out that how they subdivided that property is not their concern. Their only concern is the request that is before them right now.
Mr. Krall objected to Staff Finding of Fact 2.b. and Chairman Vallone explained roads are typically left with a dead end but at one point they may want to connect them to allow for a good flow. That is typical not only in counties but also in municipalities.
Mr. Krall objected to Staff Finding of Fact 2.c.."That states That the purpose of the variance is not based exclusively upon a desire to make more money out of the property." Mr. Krall said the original owners will be making money.
Chairman Vallone said the applicants don't want to make money. They just want to build a home.
Mr. Krall objected to Staff Finding of Fact 2.d. that states."That the alleged difficulty or hardship was not created by any person presently having an interest in the property." Mr. Krall said the difficulty would be the result of a division of the property.
Scott Lagger said clearly the best way to enter the property is from Charlotte Avenue and that is what the applicant wants to do.
There was a brief discussion between Commission Members and the objector.
Chairman Vallone told Mr. Krall the hardship is that they only have 66 feet of frontage instead of 300 feet and that's only as wide as the road is. That's why they are requesting the variance. They want to build a house on it. Chairman Vallone said they can divide that property without coming before the County. In order to build on it that need that 66 foot variance.
Mr. Krall complained about the wear and tear on the existing road.
The Chairman asked the objector who plows the snow on that road in the winter?
Mr. Krall said the Township.
Chairman Vallone said when they get their tax bill it's going to have their portion of what they're going to have to pay to the Township for the wear and tear on that road. That's how it works. I understand there's going to be a little more traffic but they are going to be paying taxes for that.
Kim Mitchell told Mr. Krall these people are trying to buy some land and build a home just like you did and they're going to face the same issues you did. We have a Water Resource Ordinance in place to address some of the concerns you have. You may actually benefit in the end from all of this. It is within their right to ask for what they want to do.
Mr. Krall said he would like to see an impact study to determine the impact on the existing wetlands in the area.
Chairman Vallone told Mr. Krall to be in contact with the County Engineers who can answer his questions and keep him informed as to what's going on with that property. The County has people from the Building Department and the Engineering Department that are going to go out there and make sure things are being done right.
Jessica Gal mentioned that the staff report says a letter was received by the Wilmington Township Highway Commissioner but it should say Custer Township Highway Commissioner. The Custer Township Highway Commissioner has stipulated that he would authorize a driveway entrance from Charlotte Avenue as long as the entrance width remains the same and enough room is left near the entrance of the property for snow storage. At the present time, snow is stored at the end of Charlotte Avenue, which blocks the proposed entrance. A building permit will not be issued until Road Authority approval is received.
Jessica Gal said they will have to show an engineered site plan that is going to show the house, the approximate area of that wetland that they are at least a hundred feet away. If they are closer than a hundred feet they would be required to get a Wetland Delineation Report. That requires consultation with the Army Corps of Engineers. So their goal is to develop far away from the wetland area to avoid the additional mitigation that may be required. So if they meet Ordinance requirements and the minimum setback they shouldn't impact the wetland and the engineer will evaluate how the water will drain and where it's going to go.
Kim Mitchell asked Jessica to mention that the Will-South Cook Soil & Water Conservation District did complete a Natural Resources Inventory Report because it is not in the report.
Jessica Gal stated that report came after the staff report was completed.
Kim Mitchell said the report stated there would be minimal impact but there are wetland on the property that should be given serious consideration with regard to any future building. So it has been addressed and documented.
Hugh Stipan told Mr. Krall if your assertion is correct that the existing swale is blocked by an existing driveway without a culvert that driveway shouldn't have been built there.
Mr. Krall said the road was extended without a swale. There is no swale there.
Mr. Stipan said the Highway Commissioner is the one who gives permission to attach driveways to roads and seeing that he plows the snow there this is his road.
Chairman Vallone asked the applicants would you like to respond to any of those?
Diane Dau said they live in the neighborhood. They live right around the block. They are well aware of what the elevation is and of what the soil is. They are well aware of how the water flows and freezes and treats the land. They are not intending to spend hundreds of thousands of dollars to build a homestead on a piece of property that's not going to be able to withstand the land. We just want to build a residence. We want a secluded ten acre residence and we've done everything so far. Spent the money to get all of the reports, the plat of survey and everything so far in order to comply and we have every intention of complying further. Because we're not going to invest that money to build a property that's not going to be supported by the land.
William Dau said a lot of those people are using this property as an extension of their backyard. This one person has a fire pit out there.
Chairman Vallone told the applicant he might have to post a No Trespassing Sign out there.
10. Motion to approve a variance for lot frontage from 300 feet to 66 feet for Zoning Case ZC-18-012.
Roll Call Vote: Carruthers, Lagger, Mitchell, Peterson, Stipan, White and Vallone voted "yes."
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
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-18-017, Dominic L. and Jannee Pugliani, Owners of Record, Richard Kavanagh of Kavanagh, Grumley &Gorbold LLC, Attorney, requesting (V-18-014) Variance for maximum animal units from five (5) to fifteen (15) , for PIN # 07-01-16-100-003-0000, in Wheatland Township, commonly known as 24605 W. 103rd Street, Naperville, IL
Chairman Vallone announced Zoning Case ZC-18-017. Dominic and Jannee Pugliani are the applicants and owners. They are represented by attorney Richard Kavanagh. They are requesting a variance.
Janine Farrell presented Zoning Case ZC-18-017 that takes place in Wheatland Township. The applicants are requesting a variance for maximum animal units from five to fifteen. This allows the current owners and potential future owners to continue the stable use that is currently on the property. The parcel is zoned A- 2 and is only 5.38 acres which would permit five animal units maximum.
The property is improved with a single family residence and a large stable.
Photographs of the subject site and surrounding area were displayed. A view of the gated entrance from 103rd Street was displayed.
The parcel was created in 1978 and was re-zoned from A-1 to A-2 in 1987. In 1998 building permits for the residence and stable were applied for and issued. At that time the Zoning Ordinance permitted unlimited animals in the A-2 Zoning District. On March 18th of 1999, the number of animals permitted in the A-2 Zoning District was changed through Resolution 99-78 and became what is known today; one animal unit per acre.
At that time the owners submitted an affidavit stating they had seven plus horses on the property. Staff determined this was a non-conforming use for that parcel. The applicants would like to expand that non-conforming use to include up to fifteen animal units on the property which would allow them to fully utilize the structures currently existing on the property.
The parcel is bordered by A-1 properties and has consistently had horses on it so it would not be out of character with the area.
Staff recommended approval of a variance for maximum animal units from five to fifteen.
The Chairman asked how would you regulate the amount of horses that are actually on the property?
Janine stated we are complaint-based. We have never received a complaint about animal types or the number of animals on this property. There was one complaint received several years ago but it was unrelated to animals.
The Chairman asked how much of that 5.38 acres is stable area?
Scott Lagger said it looks to be about a third.
Janine Farrell pointed out the building and the outdoor riding arena area on the plat of survey.
Jeff Archambeault stated the staff report accurately summarizes their position and the he would be happy to answer any questions the Commissioners might have.
12. Motion to approve a variance for maximum animal units from five (5) to fifteen (15) for Zoning Case ZC-18-017.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
13. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-18-019, Richard Moore, Owner of Record, Requesting (M-18-002) Zoning Map Amendment from A-1 to R-3 on Part of PIN #13-19-15-100-037-0000 and (V-18-016) Variance for Maximum Accessory Building Area from 1,500 square feet to 4,064 square feet on PINS #13-19-15-100-023-0000, 13-19-15-100-029-0000 and part of 13-19-15- 100-037-0000, in Wilton Township, Commonly Known as 29525 S. Cedar Road and Vacant Property on S. Cedar Road, Manhattan IL
Chairman Vallone announced Zoning Case ZC-18-019. Richard Moore is the applicant and we have a request for a map amendment and a variance.
Janine Farrell from staff opened discussion of the request. Zoning Case ZC-18-019 is a request for a map amendment from A-1 to R-3 and a variance for maximum accessory building area from 1,500 square feet to 4,064 square feet.
This takes place in Wilton Township. The applicant is requesting this in order to re-zone a portion of an A-1 parcel to combine it with his R-3 residential parcel. There are three separate parcels involved with this case. The applicant is requesting the variance in order to construct a woodworking shop on the property for his personal use.
The applicant would like to combine the three parcels which would allow the property to meet the R-3 standards for that district. There are R-3 properties in the area.
Staff recommended approval of the map amendment but denial of the variance. Staff does not feel there is a unique circumstance or hardship with regard to the requested variance.
The Wilton Township Supervisor provided correspondence stating that."The Wilton Township Board have no objection to the map amendment and variance to the building area; provided as stated it will be for personal use only."
Staff did not receive any objections to this zoning request.
The Chairman asked staff to bring up the plat of survey that shows where the proposed building is located? Will that building meet setback requirements?
Janine Farrell stated they will.
Richard Moore stated he is currently the owner of that residence. He has been trying to settle his father's estate for the past three years. His father farmed in that area for many years and the property directly east of him. Mr. Moore said he is part of three generations of farmers that took up woodworking as a hobby as they got closer to retirement. His grandfather took that up in 1968 and began acquiring some woodworking equipment and began building grandfather clocks for his children and grandchildren.
Mr. Moore stated his father took that up when he got closer to retirement and in 2000 when he officially retired they moved all the woodworking equipment that he had out of his basement and converted one of the old tool buildings to the woodworking shop. It is what kept him going the last few years. Mr. Moore said he has twelve grandchildren and each one of them received a present when they were one year old of various things such as chairs and tables. Mr. Moore said this is a nice tradition you can pass on of things that are of a quality that are going to last.
The current building is 2500 square feet. It is 25 x 100 feet long. It is a long sliver that his father carved out of the farmstead and deeded to him. Mr. Moore said he also owns the drive that has access to Route 52. He pointed out the farm buildings that are now under contract to separate owners.
He is about a year away from retirement and only wants it for personal use. He has talked to a couple of builders and thinks the building size would be a little bit bigger than the 2500 square feet. This would give him a little more space to store his grass mower and things instead of putting up another building. That's his reason for requesting the variance.
Hugh Stipan said you're using it strictly as a hobby, right?
Mr. Moore said absolutely!
Mr. Stipan said so you're not going to be working late at night or disturbing your neighbors.
Mr. Moore said no. He quits at 9:00 o'clock.
14. Motion to approve a map amendment from A-1 to R-3 on part of PIN # 13-19- 15-100-037-0000 for Zoning Case ZC-18-009.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Scott Lagger, Commissioner
Seconder: Kimberly Mitchell, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
15. Motion to approve a variance for maximum accessory building area from 1,500 square feet to 4,064 square feet on all PINs combined for Zoning Case ZC-18- 019.,
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Scott Lagger, Commissioner
Seconder: Kimberly Mitchell, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
VI. Other
VII. Executive Session
VIII. Announcements
IX. Adjournment
1. Motion to adjourn the meeting.
The meeting was adjourned at 8:26 pm.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: Lagger, White, Carruthers, Mitchell, Stipan, Vallone, Peterson
2. Next Planning and Zoning Public Hearing will be held on May 1, 2018
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2951&Inline=True
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