Will County Planning and Zoning Commission met June 2.
Here is the minutes provided by the commission:
I. CALL TO ORDER
Chairman Hugh Stipan called the meeting to order at 6:34 PM
| Attendee Name | Title | Status | Arrived |
| Thomas White | Vice Chairman | Present | |
| Michael Carruthers | Commissioner | Present | |
| Kimberly Mitchell | Commissioner | Present | |
| Hugh Stipan | Chairman | Present | |
| Barbara Peterson | Secretary | Present | |
| John Kiefner | Commissioner | Present | |
| Roger Bettenhausen | Commissioner | Absent |
Chris Wise was present from the Will County State's Attorney's office.
II. MINUTES APPROVAL
1. WC Planning and Zoning Commission - Public Hearing - May 19, 2020 6:30 PM
Minutes were approved with no corrections or additions. Motion passed unanimously. Stipan abstained from voting due to him being absent at the previous meeting due to technical difficulties.
RESULT: APPROVED [5 TO 0]
MOVER: Thomas White, Vice Chairman
SECONDER: Kimberly Mitchell, Commissioner
AYES: White, Carruthers, Mitchell, Peterson, Kiefner
ABSTAIN: Stipan
ABSENT: Bettenhausen
III. WILL COUNTY ZONING CASES
1. WILL COUNTY PLANNING AND ZONING COMMISSION NOTICE OF TEMPORARY USE PERMIT Pursuant to Section 155-10.20 of the Will County Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Temporary Use Permit -20-006, for storage of dealership overflow vehicles due to the COVID-19 pandemic. Thomas G. Struzzieri, Owner of Record; 100% ownership, President and CEO, John Eickman of HITS Inc., Agent, Pin # 23-15- 28-100-005-0000, in Crete Township, commonly known as 26435 S. Dixie Highway, Crete, IL
Janine Farrell presented Zoning Case # TUP-20-006, which takes place in Crete Township.
This is a Temporary Use Permit for storage of dealership overflow vehicles due to the COVID-19 pandemic.
This is occurring at the formal Balmoral property which is owned by HITS Inc. The agent in this case is John Eickman.
The applicant is looking to utilize the existing parking lot to park vehicles by CLR Transport and United Road Logistics. This is for the temporary storage due to the dealerships being closed during the pandemic due to COVID-19 for them to temporarily store their overstock at this time.
I just wanted to start off with a little Temporary Use history. As you may remember, for the past couple of years, we have had the Volkswagen Buy Back Program request. It was in 2016, 2018, and 2019, which ultimately ended May 31st, or I should say already ended prior to May 31st.
This is just an aerial overview of all the Volkswagens that were once on the property. They have all been removed.
I have an aerial image for you and the Zoning Map. The property is 198.52 acres and is zoned C-6.
This is the site concept plan for you. As part of this Temporary Use Permit request, we have, what I am referring to is the north lot, just for simplicity sake. Then we have the southern lot over here. The south is actually where the primary use is going to occur. There might be some future storage potentially in the north lot. Primarily, the south lot is involved here.
The applicant intends to begin the Temporary Use after approval, should approval be received. It would run until the end of December, 2020.
This would be slightly different from the Volkswagen program in the past.
Can I ask everyone who’s not speaking to mute themselves because of the feedback?
So, a little bit different than in previous years. There’s going to be a 24 hour mobile security. A person, a security guard, is going to be patrolling the property as opposed to having security cameras.
There’s anticipated to be about 1,500 vehicles here.
Just some images again. This is the ConnectExplorer view of when the Volkswagens were on the property. This is the most up to date aerial that we have. This is the south lot and we’re looking north. These are some views currently of the south lot and the vehicles are gone, we’re looking south. This is a view looking north from inside the lot. This is a view of that northern lot and we’re looking west here. This is at the inside of the northern lot looking northwest and the southern portion of the north lot looking west.
We did receive comments from the agencies.
IDOT had no objection unless there was some impact to Route 1.
The Health Department had no objection as well.
The Sheriff did comment that they have received complaints regarding the overweight vehicles along West Elm’s Court. West Elm’s Court is located just to the south and there is a gate to the southern lot off of West Elm’s Court but it is not the primary entrance.
We also received comments from the Crete Township Highway Commissioner who again reiterated there has been complaints about the overweight trucks and carrier vehicle trucks utilizing West Elm’s Court. The Highway Township Commissioner did make mention that there was a condition on the last Temporary Use, which is correct, and we had reiterated it. He is also proposing that additional signage may be beneficial here to prevent those trucks from going down West Elm’s Court.
I wanted to point out to you here we have the location of the entrances. We have the one to the south to West Elm’s Court. Then we have 2 gates along Dixie Highway to the southern lot and 1 gate to that northern lot. These are just some actual images inside that northern lot. This is from the outside of the southern lot, the main entrance. This is that secondary entrance to the southern lot along Dixie Highway. This is the West Elm’s Court gate entrance.
In thinking of some potential locations for signage, Staff is proposing a condition but I would really prefer to work with the applicant on this, and the Highway
Commissioner for having signage in the Right of Way. This way we can figure out what might work best to get the trucks to use the appropriate entrance.
These are just some Google street view images. We have this top one here, which is right off of 394. I should start this by saying they will be coming down 394 and they will just turn down West Elm’s Court, instead of going down to Route 1 and back up.
Same thing here, trucks are heading south along Dixie and maybe they missed the turn, so then they’re going down West Elm’s Court.
This top view here is actually looking south along 394 to where you would turn off to West Elm’s Court. There is a sign that is advertising for Balmoral right there. Potentially at this intersection, beneath that sign, there could be some signage.
This bottom image is looking from West Elm’s Court and Dixie Highway. So, looking north to where you would turn right, or head east on West Elm’s Court. So, potentially right here, saying that the entrance is further north, keep heading straight on South Dixie Highway.
These are the potential conditions that Staff is proposing.
Staff is recommending approval of the Temporary Use Permit.
These conditions are similar to the previous years. We have an expiration date of December 31st of this year. All of the equipment shall be removed no later than January 1, 2021. The rest of the conditions on this page you will see are all from the Fire Protection District. Keeping the fire lanes open, having Knox boxes at the gate. The rest of the conditions, again, we have some from the Fire District here up to condition #9. Including the vehicles must be moved to accommodate any sort of emergency vehicle access. #10 is that the lot shall be maintained with 24- hour security. #11 is that condition regarding the trucks and the weight limit on West Elm’s Court. #12 is that new condition, where within 30 days after the Temporary Use Permit approval, that signs shall be installed on the property to direct the carrier vehicles where they need to go. Like I said, I’m leaving this open- ended to have the applicant work with Staff on what would be the best way to achieve this signage wise.
That concludes Staff’s analysis. I can take any questions that you might have.
Chairman Stipan said I have a suggestion. If the Township has signs up, possibly you could get the Township Road Commissioner to put the sign underneath his signs.
Janine Farrell said I agree, that’s why I’m leaving this open ended because I see
the potential of where signage could go. I’d like to work with the applicant and the Highway Commissioner to see what actually would be the best location. Then of course adding additional signage onto existing signs. One that I notice when you’re coming off of 394 and you’re heading to West Elm’s Court, there is a sign that says restricted, but it’s not until you are far down that road. There’s no opportunity for a truck to turn around. So, maybe it’s just moving the sign a little bit closer.
Chairman Stipan asked does anyone else have a question of Staff?
No response.
Chairman Stipan asked is the agent here, Mr. Eickman?
Brian Radner said he was.
John Eickman said yes, I am here.
Chairman Stipan said ok. Would you care to comment?
John Eickman said I would like to give everybody a little bit of an update. As it turns out, we had been working with both CLR Auto Transport, the former tenant who had done the VW Buy Back Program, as well as United Road Logistics. Only United Road Logistics actually entered into a lease with us. I spoke with them today and asked them why there weren’t any cars out there. It turns out that the manufacturer that they were working with when the Coronavirus hit, decided they needed a back-up plan. They actually worked out some arrangements for 6 locations around the country, including the 1 in Crete at our facility. Apparently they have not needed that facility up to this point, they’ve managed to either keep their cars at the ports, if they’re imported, or they have been able to deliver them to the dealers. When I spoke with my contact at United Road Logistics, it would seem that it was unlikely, although possible, but unlikely that they will actually be parking any cars at Balmoral Park. I just wanted to let you know that so that you’re aware of it. It was a fallback position by manufacturers that when you think about it, was probably a pretty good idea. But, it’s unlikely that we’ll see any cars out there. So, all of the conditions that are recommended by Staff are certainly acceptable to us. I would just simply ask that there be conditions that we would implement when and if any cars are actually planned to be parked out there.
Chairman Stipan said that makes sense to me. Does it make sense to you Janine?
Janine Farrell said it makes sense to me and I think the only condition would be condition # 12, as long as Mr. Eickman has no issue with the December 31, 2020 expiration date. Condition #12, should the Commission recommend approval, I
would say that you just re-word it. Maybe, should the applicant proceed with this use, within 30 days after commencing the use, that we work on signage. Something along those lines.
John Eickman said that would be acceptable.
Chairman Stipan said thank you. Are there any objectors or concerned citizens with this case?
No response.
Chairman Stipan said once again, any objectors or concerned citizens?
Chairman Stipan asked Janine, can you amend the wording or shall we?
Janine Farrell said I can let the State’s Attorney answer, but I believe I have the direction that I need. Should the applicant commence the use, within 30 days after commencing the use, verbiage to that effect, if I am understanding everyone correctly.
Chairman Stipan said ok.
Roll Call vote was taken. Motion passed unanimously, 6-0, with the amended wording to the 12th condition.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kimberly Mitchell, Commissioner
SECONDER: Thomas White, Vice Chairman
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
2. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-20-005 Castle Ridge Builders LLC, Owner of Record (Robert Bunda and Caroline Bunda, each 50% Manager); Miro Wcislo, Agent; Nicholas Standiford of Schain Banks Kenny & Schwartz, Ltd., Attorney, Requesting (M-20-007) Map Amendment from A-1/C-4 to I-1, and (S-20-002) Special Use Permit for a Self-Service Storage Facility, for Pin #23-15-20-202-002-0000, in Crete Township, Commonly Known as Vacant Property on Dixie Highway, Crete, IL, County Board District #1
Marguerite Kenny presented Zoning Case # ZC-20-005, which takes place in Crete Township, it’s actually up the street from HITS Inc.
It concerns a 10 acre parcel.
The owner is Castle Ridge Builders, LLC where Robert Bunda and Caroline Bunda are each 50% managers. The agent is Miro Wcislo. They attorney is Nicholas Standiford of Schain Banks Kenny & Schwartz Ltd.
The applicant is requesting to re-zone the parcel to I-1 in order to operate a self- service storage facility on the entire parcel. As such, the applicant is requesting a Special Use Permit for a self-service storage on the entire parcel.
I have the aerial on the screen for you.
The subject property is approximately 10 acres. It has 315 feet of lot frontage along Dixie Highway which is under the jurisdiction of the Illinois Department of Transportation.
The property, as you can see on the screen, contains 2 wetlands which are located along the eastern portion of the property, along Dixie Highway.
As a result, there is a lot of forested areas surrounding those wetlands located on that east side, which will impact the amount of developable land in the eastern portion of the property.
Looking at the Plat of Survey and the proposed Site Plan, you can see a little bit more clearly that there’s 2 wetlands located on the property and comprise roughly of 1.1 acres according to the submitted Wetland Delineation Report.
With regards to self-service storage facilities, the Zoning Ordinance has specified additional regulations that the development will need to meet in the Site Development Permit and Building Permit phases.
Back in 1978, this parcel, along with several other parcels along Dixie Highway, were partially re-zoned to C-4. Roughly 2.78 acres of the easternmost property of the subject parcel was re-zoned C-4. The remainder was left A-1. So, this created a split-zoned lot since 1978.
When you add in that 1.1 acres of wetlands, as well as the required separation distances to keep the wetlands protected, there was limited amount of space remaining within that C-4 District.
The applicant is looking to rectify that split-zoning district as the County no longer encourages or allows split-zoning districts to occur. So, the applicant is looking to utilize the entire property as well as really continue to protect those wetlands located on the property.
I have the most recent ConnectExplorer aerial of the subject property on the screen. You can note that you have the existing wetlands as well as the trees associated with those wetlands. Then you have kind of further back, an area, a little bit more suitable for development.
On the screen, we have the Map Amendment Review criteria. Looking with regards to criteria #3, the suitability of the subject property in question for uses permitted under the current zoning classification. I’ve already kind of talked about how it is zoned C-4. A Special Use for a self-service storage facility would be required for C-4. However, there’s only about 1.6 acres of developable area. That would really be tight with what the applicant is proposing. Re-zoning it to a single zoning designation would kind of file suit on the County’s encouragement of reducing the split-zoned lots to single zoning districts, as well as allow the applicant to build the development that they want to build.
A LESA score was not calculated for this development request.
Staff used a half mile radius of existing uses within the general vicinity as well as within the zoning classifications within this area to get perspective of what's going on in this area.
The uses include entertainment, which is about a half mile south along Dixie. We have religious, so there's a couple churches in this area, as well as industrial, commercial, residential, and agricultural uses.
Some of the industrial uses included Al-Amin Brothers Transportation, which is located to the north. We have the Chicago Cold Storage building as well as the CSX Intermodal, which is proposed to go just about a quarter mile southwest of the subject property.
Up and down Dixie Highway, there are several commercial uses, eating and drinking establishments, auto repair, there's a U-Haul dealer.
Directly north of the subject property, you have a Commercial District that actually has self-service storage already on the property with U-Stor-It.
The residences are located along New Monee Road to the south and Old Monee Road to the north. We have several older subdivisions. We have Queen Estate Mobile Home Park. We have the Middleton's, Schumann's, and Winzenburg Subdivisions to the north. To the south we have Balmoral Heights and Matson's.
Within the zoning, you can see we pretty much have all Zoning Districts. We have A-1, I-1, C-3, C-4, R-3 and R-2A within the area.
Roughly 54% of this land is not zoned agricultural. Of that, 27% is industrial zoned within the Village of Crete or within unincorporated Will County.
Looking at the trend in development, it has been away from Agricultural Zoning Districts since 1978. This is a 1970's historical aerial map.
Looking at the most current ConnectExplorer image, you can see that there are industrial uses being improved in this area, as well as commercial. Like I mentioned, you have the U-Stor-It just above the property. It was re-zoned to Commercial C-3 in 1979. The Special Use for a mini warehouse was pursued in 1993. Kiddy corner from the subject property we have a property that pursued a C-4 designation with a Special Use for a mini warehouse as well back in 1990. We have a parcel just shy of the subject property that actually unified under C-4 designation, so it has the remaining A-1 portion that was split-zoned to become C- 4 back in 1992 and then also pursued a Special Use for residence of the proprietor. We have Industrial Districts up here in 1980 that were re-zoned to I-1. The properties directly across the street over here opted to be re-zoned to A-2 back in 1987.
The subject property sits on the cusp of urban, suburban, and rural areas within the Land Resource Management Plan. Within the urban and suburban development, freestanding industry is a permitted use. In the rural areas, it is not a supported use.
Within the Village of Crete's Comprehensive Plan however, the property falls within the Crete Industrial Park. So, an I-1 designation seems very conforming to their Comprehensive Plan.
Staff, as well as the applicant, did reach out to the Village for notification and comments. Staff has not received any formal comment from the Village.
Crete Township Plan Commission Chairman also emailed Staff a couple questions regarding why are they choosing I-1? What other I-1 uses would be allowed? Staff did reply to the Chairman's questions and did not receive any follow up responses or comments regarding this Zoning Case.
With regards to the self-service storage facility, these are going to be the regulations that the development will need to maintain under the site development and building phase. You all should have received a copy in your Staff packet.
Going back to that Site Development Plan and Commercial Building Permit, Site Development will be required to meet County's Codes, Ordinances, Building Codes, the Fire Department approval, Road Authority, and other requirements such as that.
In terms of the Special Use Permit criteria, Staff believes that the self-service storage facility will not be detrimental to the public or diminish other properties in the area.
With regards to the residences being across the street and directly south, Staff has recommended a condition to alleviate some of those potential negative impacts. In that regard, installing a landscape buffer and having landscaping on the outside of the fence line, that will be required for the self-service storage area. This is just to kind of break up that it's going to be a solid wall and then just to kind of break up the natural area a little bit.
With that, Staff is recommending approval of the Map Amendment as well as the Special Use Permit with 2 conditions. 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 inspection of the premises and uses thereon for compliance with the terms and conditions of this special use permit. 2. Along the southern and eastern perimeter of the self-service storage facility area which borders the residences to the south and east, the following land use buffer shall be provided the entire length of the fence perimeters: A landscaped area at least ten feet in width with a solid wall or fence with a minimum height of eight feet along the interior of the land use buffer area. At least one evergreen tree and one deciduous (share or understory) tree is required per 30 linear feet of fence or wall along the outer perimeter of the fence. One shrub is required per five linear feet of land use buffer area in addition to the aforementioned trees. Shrubs must be at least three feet in height at time of planting.
The first being the normal site inspection and the second being that recommend one for the landscaping to be located on the outside of the fence line along that eastern and southern property lines.
That concludes Staff's analysis.
Chairman Stipan said thank you. Does anyone have any questions of Staff?
No response.
Chairman Stipan said once again, does anyone have any questions of Staff?
No response.
Chairman Stipan said Mr. McGrath are you speaking for us sir?
Timothy McGrath said yes, how are you?
Chairman Stipan said I'm well, thank you.
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Minutes Will County Planning and Zoning Commission June 2, 2020
Timothy McGrath said do you want me to start it or are we going to listen to the report first?
Barbara Peterson said hold on.
Timothy McGrath said I'm sorry.
Chairman Stipan said do you want to say something Barb, or what?
Barbara Peterson said I think we should finish this case before McGrath starts.
Timothy McGrath said oh, I'm sorry, somebody said my name.
Chairman Stipan asked is Miro Wcislo here?
Miro Wcislo said yes, I'm here.
Chairman Stipan said ok, would you care to speak?
Miro Wcislo said yeah, definitely. I'll just do a little intro.
Chairman Stipan said mainly do you agree with the 2 conditions that they have?
Miro Wcislo said yes I do.
Chairman Stipan said ok. Do you have anything else you wanted to add?
Miro Wcislo said I'm speaking on behalf of Caroline and Robert Bunda. I'm very good friends with the both of them. I am the Agent. I've been running this whole process and heading this project. We're family friends so I've known them my whole life. They came to America and they're working together. Castle Ridge Builders has impacted a lot of communities in the area especially Crete, Park Forest, Sauk Village and Richton Park. That whole area around there, they've been a big impact with the properties. They have over 200 properties, just homes. They're providing a lot of work because it's a lot of rundown homes that people didn't want to buy. They bought a lot of homes and they provided a lot of work and a lot of housing to the people in the area. They are very well liked and respected in the communities there. A lot of people have asked for storage. A lot of people have offices right there. It just made sense and this is something they wanted to pursue. We just wanted to introduce ourselves. We're hoping we can make this happen and be a part of the community.
Chairman Stipan asked are there any concerned citizens or objectors to this case?
No response.
Chairman Stipan said once again, any concerned citizens or objectors to this case?
Nick Standiford said I am the zoning attorney for Castle Ridge. I just wanted to introduce myself and earn my fee. I just want to say thank you to the Staff for guiding us through this process. We came in and Miro asked how do we do a self- storage facility. We came in and we wanted to do it squished on this little tiny parcel on the C-4 portion. Staff said maybe you should expand and conform the whole parcel to be I-1. That actually worked well with Crete's Land Development Plan. We feel it goes well with kind of the nature of the area and plans for the future. We think it all worked out pretty well. We're very thankful for everyone accommodating this meeting tonight via WebEx and for Staff's help. Adam Lyons is the architect. He's on the call. I don't know if you have any questions for him, but he can answer those about how we anticipate coming off Dixie Highway and how we anticipate vehicles processing through the facility. I know that's going to be along the line in development review.
Chairman Stipan said thank you. Does anyone on the Board care to question anybody? Does anyone have any questions for the architect on the incoming and outgoing traffic?
Barbara Peterson said not at this time.
Chairman Stipan said thank you and I think we'll go straight to a vote.
3. Motion To Approve A Map Amendment From A-1/C-4 to i-1
Roll Call vote was taken. Motion passed unanimously 6-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas White, Vice Chairman
SECONDER: Kimberly Mitchell, Commissioner
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
4. Motion To Approve A Special use Permit For A Self-Service Storage Facility
Roll Call Vote was taken. Motion passed unanimously, 6-0, with 2 conditions.
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas White, Vice Chairman
SECONDER: Kimberly Mitchell, Commissioner
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
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-20-006, Zachary A. Melvin, Owner of Record, requesting (V-20-005) Variance for minimum lot size from 10 acres to 8.33 acres and (V-20-006) Variance for minimum lot frontage from 300 feet to 273.16 feet, Pin # 08-25-03-300-006-0000 in Wesley Township; commonly known as vacant property on Ballou Road, Wilmington, Il
Lisa Napoles presented Zoning Case # ZC-20-006, which takes place in Wesley Township.
This is an application for 2 Variances. The first is for minimum lot area from 10 acres to 8.33 acres. The second is for minimum lot frontage from 300 feet to 273.16 feet.
The owner is Zachary A. Melvin, who is represented by Timothy McGrath from McGrath & Clark Law.
The subject parcel is located on West Ballou Road in Wesley Township. There is 8.33 acres in lot area.
The property is unimproved and vacant.
There are no inventoried wetlands or floodplains located on the parcel.
The parcel was created through Deed R2020000104, recorded January 2, 2020. It is the east half of a previously 16.66 acre parcel which was divided to create 2 parcels, each measuring 8.33 acres in lot area with 273.16 feet of lot frontage. Per Section 155-2 of the Zoning Ordinance, lot standards for A-1 parcels require a minimum of 10 acres of lot area with 300 feet of lot frontage. By dividing the original 16.66 acre parcel, the 2 new parcels created are therefore deficient in lot area and are illegal, non-conforming.
The applicant is pursuing Variances for minimum lot area and lot frontage to bring the parcel into conformance in order to obtain a Building Permit to build a single family residence.
This zoning action pertains only to the east half of the original parcel. The west parcel is not a part of this zoning action and will remain illegal, non-conforming.
The Zoning Map shows the property is zoned A-1. Neighboring properties are zoned A-1 to the north, east, south and west.
This is a view of the subject parcel looking north from Ballou Road. This is a view of the applicant parcel looking northwest with adjacent parcels visible beyond. This is a view of the applicant parcel looking northeast with adjacent properties visible at right. This is the view of adjacent properties looking east. This is a view of the adjacent properties looking west.
This is a Plat of Survey for the parcel dated October 16, 2018.
Based upon the criteria by which Staff and the Plan Commission are required by Ordinance to evaluate, Staff finds that the plight of the owner is not due to unique circumstances. The owner created the subject parcel which is deficient in lot area and lot frontage.
Staff advised the applicant that the subject parcel was deficient in lot area and lot frontage at the time the zoning application was received.
Staff also finds that the Variance, if granted, will alter the locality. The vicinity of the subject parcel is characterized overall by large agricultural lots of 10 acres or more with lot frontages of 300 feet or more.
Because the owner created the deficient parcel, Staff does not find any hardship in the physical conditions of the property.
Staff recommends denial of both requests.
Chairman Stipan said thank you. May I ask a question? Did you recommend to the applicants that this would be better suited in "E” zoning?
Lisa Napoles said I did not, Mr. Chairman. The applicant did not request a Map Amendment and only requested the Variance.
Chairman Stipan said ok. Thank you very much. Does anyone else have any questions of Staff?
No response.
Chairman Stipan asked are the owners or the owners representative here?
No response.
Chairman Stipan said Mr. McGrath it’s your turn, I presume.
Timothy McGrath, said yes, I’m here with Randy Melvin who is the father of Zachary Melvin. Randy Melvin owns the 10 acre parcel to the east. This property, the 16 and some acres, he inherited from his mother. The property has been in the family for generations. In fact, they own some property along Ballou Road. Mr. Melvin is sixth generation out there on Ballou Road. The reason he divided it, he has 2 children, a son and a daughter. He gave this parcel to his son and the other parcel he has given to his daughter. The daughter will be coming in a year or so because she’s going to build a home. My client’s son wants to build a home on the property. The intention was not to make money, nobody’s here to make money, it was to keep this property that has been generations, in the family. The mom and dad are going to live on one parcel, then the son, then the daughter. They’re still big lots. I kind of disagree that they don’t conform with what’s out there. Its 8.33 acres instead of 10 acres. The frontage is off but less than 25 feet. It fits in what’s out there. The purpose is for the family. Zachary Melvin is seventh generation out there. This was purposed as a gift so his son and daughter could live out on the land.
Chairman Stipan said do you understand that this no longer conforms to the zoning of A-1?
Timothy McGrath said right, that’s why we asked for a Variance. It’s very close. Its 8.33 acres instead of 10 acres. I’m not sure if there’s any E-1 zoning out there. That’s why we kept it A-1 for a Variance because it’s really a small Variance.
Chairman Stipan said ok. Does anyone else have any questions for Mr. McGrath?
No response.
Chairman Stipan asked are there any objectors or concerned citizens tonight for this case?
No response.
Chairman Stipan asked any concerned citizens or objectors to this case?
No response.
Chairman Stipan said ok. Thank you very much.
Timothy McGrath said thank you very much.
Barbara Peterson said you're welcome.
Timothy McGrath said stay healthy.
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Minutes Will County Planning and Zoning Commission June 2, 2020
Chairman Stipan said you also.
6. Motion To Approve A Variance For Minimum Lot Size From 10 Acres to 8.33 Acres
Roll Call vote was taken. Motion passed unanimously, 6-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kimberly Mitchell, Commissioner
SECONDER: Thomas White, Vice Chairman
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
7. Motion To Approve A Variance For Minimum Lot Frontage From 300 Feet to 273.16 Feet
Roll Call vote was taken. Motion passed unanimously, 6-0.
RESULT: APPROVED [UNANIMOUS] MOVER: Kimberly Mitchell, Commissioner SECONDER: Thomas White, Vice Chairman AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner ABSENT: Bettenhausen
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-20-015, Ronald Guido Egizio Sr., requesting (V-20-013) Variance for maximum accessory building area from 1,500 square feet to 3,788 square feet, (V-20-012) Variance for minimum side yard setback from 10 feet to 9.71 feet (north side), and (V-20-026) Variance for minimum side yard setback from 10 feet to 4.33 feet (west side) Pin # 06-03- 10-200-021-0000,06-03-10-102-004-0000,06-03-10-102-037-0000 , in Plainfield Township, commonly known as 23529 W. Copper Drive, Plainfield, IL
Marguerite Kenny presented Zoning Case # ZC-20-015, which takes place in Plainfield Township.
The subject property recently consolidated 4 parcels into a single 2.306 acre R-3 parcel.
The applicant and owner is Ronald Egizio.
The applicant tonight is requesting 3 Variances in order to build a 984 square foot detached garage and bring the existing accessory structures into conformance.
So, we have the subject parcel consolidated with the 4 lots on the screen.
The applicant recently submitted the petition for consolidation, so Mapping & Planning will not be executing that consolidation until next year.
This northern lot was platted as Lot 102 in the Pennland Unit 4 Subdivision. Surrounding parcels are with the Pennland other unit subdivisions, as well as we have another subdivision to the south here. The remnants are also rectangular typical lots and zoned R-3.
This subject parcel resembles 5 times the standard lot minimum requirements for the R-3. The R-3 Zoning District typically requires 20,000 square feet. This parcel is 2.3 acres.
We have the middle lot, which has the residence. We have a lot over here that shows the existing foundation where the proposed accessory detached garage will be located. Then, we have a land-locked vacant parcel that the applicant included as well.
Just to provide a breakdown of each lot and the unique characteristics of each lot, I will start with that Lot 102. It currently has 3 existing accessory buildings on the property. We have a metal garage to the north, a frame garage and a shed. Looking at this metal garage, when Lot 102 was platted, the building already existed. The lot was platted 4.33 feet away to the west of this existing building. You can see with the north lot line in the center here, the lot ran through the center of the building. The applicant purchased an additional 35 feet so that the building was located completely on his property from that northern lot line. However, it only was 9.71 feet from that northern property line. The R-3 District requires 10 feet. The applicant is requesting Variances for these setbacks to bring this building into compliance as well as the next one.
This is a frame garage. It measures 669 square feet. It's also located relatively close to that western property line. You can see the closest corner is 4.37 feet.
Then we also have that 90 square foot shed in the bottom.
When you add up all of these accessory buildings, it's 2,220 square feet.
This property does not have a residence but it is zoned residential. It has 3 accessory structures but no principal, which would be a residence. The applicant would need to consolidate this with a residence to get these uses in conformance with the Zoning Ordinance. However, in doing so, it's increasing the accessory building area.
This next parcel is the residence with a 584 square foot attached garage. The insert kind of shows a little bit closer up zoomed in image of that.
Adding this attached garage would bring the total accessory to 2,804 square feet. However, the applicant would like to have an additional detached garage for his classic car collection. In doing so, he wants to maximize the existing foundation on the property that was a former building that was demolished. He is only looking to use about 984 square feet of the existing foundation for his 4-car detached garage.
The total accessory building area being requested is to bring the accessory structure proposed into conformance with the additional existing. So, it would be 3,788 square feet, or roughly 2.5 times what is permitted for the R-3 District.
Looking at some of the existing structures, this is a 1,461 square foot metal garage. It’s also 9.71 feet away from that northern property line.
We have that 669 square foot frame garage. Then you can see the image on the right, that white building. In the back is that metal garage that’s only 4.33 feet away from that western property line.
We have that 90 square foot shed as well as the 584 square foot attached garage.
This is a picture of the proposed location of that 984 square foot detached garage. You can see the images on the right are elevations and architectural plans for what’s proposed.
Based on the Variance review criteria that Staff and the Commission evaluate Variances upon, Staff finds that this property is a unique circumstance. It’s located at the end of a cul-de-sac on a private road as well as kind of a result of subdivisions being created around the parcel but never including the land within the subject parcel.
The applicant was required to consolidate the parcels in order to put a principal use on the property and allow those accessory structures to still be utilized and used.
Staff finds that it will not alter the character of the locality. Those existing structures that encroach into setbacks, existed before even the lot was created.
Looking at adjacent properties, we have the property to the north which is adjacent to the west along Melody Lane. It has 6 stalls for detached and attached garages. It is roughly 1.3 times the permitted accessory building area in the R-3 District.
We have the image directly north. Although it does comply with the accessory building limit, it has a detached garage and an attached garage.
Then we have the image to the east which has roughly 1.3 times the permitted amount in the R-3 District.
Neither of these properties have Variances for accessory building area.
The applicant is simply requesting to be in conformance.
This is looking east and west along Melody Lane, which is a private road.
In your Staff packets, the Health Department did question how the applicant was going to access this detached garage. The applicant has used Melody Lane in the past before Copper Drive was built. They used Melody Lane to access Naperville Road to the west. The applicant is just thinking he would continue to use Melody Lane for this detached garage.
Staff did not find any recorded easements and the Plat of Survey did not indicate that there’s any recorded easements for this street.
Staff advised maybe, in the future, a recorded access easement would be beneficial to all property owners along Melody Lane, since it runs along that northernmost edge of the properties to the west.
This is looking down Copper Drive from the subject property. Again, at the end of the cul-de-sac looking straight towards Route 126.
This is looking at the southern corner of the property, this top left, we have 33 feet of frontage along Pennington Lane. Pennington Lane turns south and becomes Penny Lane. It’s just kind of the images of Pennland Subdivision and kind of the area where it’s smaller R-3 lots. It’s more typical for what the standard R-3 is. Of the other review criteria, Staff found it favorable to the applicant. Further details are provided in your Staff report.
Staff is recommending approval of all 3 Variances. Maximum accessory building area from 1,500 square feet to 3,788 square feet. The approval of the Variance for the minimum side yard setback from 10 feet to 9.71 feet to the north side. Then for the minimum side yard setback from 10 feet to 4.33 feet for that west side.
Of the agencies that were notified, none objected.
That concludes Staff’s analysis.
Chairman Stipan said thank you very much. I have one question. Is Melody Lane at least 20 feet wide, do you know?
Marguerite Kenny said I do not. It did appear that it was 1 car width wide when I drove down it to take the photos.
Chairman Stipan said I don’t know the current zoning anymore. It used to be you had to have at least 20 feet to make a road.
Marguerite Kenny said it is a private road, one that the road authority does not maintain. It is something that the property owners that have Melody Lane run across, they’re responsible for maintaining it.
Chairman Stipan said they’re all flag lots then, basically.
Marguerite Kenny said Melody Lane runs along the northern portion of several lots. Melody Lane, if you see here, is the north part so they don’t technically have frontage but they have access to Naperville Road, which is to the west here, from Melody Lane. That’s why Staff is encouraging an access agreement or easement to be recorded just to ensure that all of these properties will have access to Naperville Road. Just to kind of encourage that everybody has access.
Chairman Stipan said thank you very much. Does anyone else have any questions of Staff?
No response.
Chairman Stipan asked is Mr. Egizio present?
Brian Radner said the applicants, Ronald and Barbara, are actually here at the County Board office and they would like to speak so hold on for just a second.
Chairman Stipan said we wanted to check and make sure you were here. If you’ll hold for just a second, I’m going to ask if there’s any objectors, ok?
Ronald Egizio said sure.
Chairman Stipan asked are there any objectors or concerned citizens in this case?
No response.
Chairman Stipan asked are there any objectors or concerned citizens in this case?
No response.
Chairman Stipan said there are no objectors and Staff has recommended approval. If you care to speak, you are welcome to.
Ronald Egizio said I would like to thank everyone at the Land Use Department Staff for helping me through this. There was quite a bit of stuff to do, but thank you!
Chairman Stipan said thank you, sir. I appreciate it.
9. Motion To Approve A Variance For Maximum Accessory Building Area From
1,500 Square Feet to 3,788 Square Feet
Roll Call vote was taken. Motion passed unanimously, 6-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas White, Vice Chairman
SECONDER: Kimberly Mitchell, Commissioner
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
10. Motion To Approve A Variance For Minimum Side Yard Setback From 10 feet to
9.71 Feet (north side)
Roll Call vote was taken. Motion passed unanimously 6-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas White, Vice Chairman
SECONDER: Kimberly Mitchell, Commissioner
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
11. Motion To Approve A Variance For Minimum Side Yard Setback From 10 Feet to 4.33 Feet (west side)
Roll Call vote was taken. Motion passed unanimously, 6-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas White, Vice Chairman
SECONDER: Kimberly Mitchell, Commissioner
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
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-20-019, Michael and Patricia Letton, Owners of record, requesting (V-20-020) variance for minimum lot frontage from 300' to 33', for Pin # 01-25-33-200-016-0000 in Custer Township, commonly known as 19466 Bauer Road, Custer Park, Il
Lisa Napoles presented Zoning Case # ZC-20-019, which takes place in Custer Township.
This is an application for a Variance for minimum lot frontage from 300 feet to 33 feet.
The applicants and owners are Michael and Patricia Letton.
The subject parcel is located on West Bauer Road.
The parcel shown here, on the GIS aerial outlined in red, measures 24.05 acres in lot area.
The property is improved with a 1 story framed residence and 2 horse stables.
There are no inventoried wetlands or identified floodplains located on the parcel.
In January, 2020, the applicant applied for Building Permit # 2000136 for accessory ground-mounted solar modules. Upon review, Staff found that the lot had been divided in 2009, which left only 33 feet of lot frontage on Bauer Road. Because the Zoning Ordinance at that time required 10 acres and 300 feet of lot frontage for A-1 parcels, Staff determined that this parcel is illegal, non- conforming and that a Variance would be required to obtain a building permit.
The applicant applied for a Variance in March, 2020 to bring an illegal, non- conforming parcel into conformance and allow the applicant to obtain a building permit for ground-mounted accessory solar alternative energy.
The Zoning Map shows the property is zoned A-1 with neighboring properties zoned A-1 on the north, east and west and E-2 on the south and west.
This is a view looking north from the driveway entrance to the parcel on Bauer
Road. This is a view of the subject parcel looking south toward Bauer Road. This is a view of the residence looking northwest. This is a view of the subject parcel looking north at one of the stables. This is a view of the adjacent property looking northeast. This is a view of the adjacent property looking west.
This is a Plat of Survey for the property dated 1997 with a detailed view at right. The blue arrow at left shows the parcel had a narrow portion which provided lot frontage on Irish Lane to the west. This is the portion that was sold in 2009. The red arrows call out the narrow existing portion of the property which provides access to Bauer Road.
Based upon the criteria by which Staff and the Plan Commission are required by Ordinance to evaluate, Staff finds that the plight of the owner is due to the unique circumstances of having sold off a portion of the parcel which provided the additional lot frontage on Irish Lane.
Staff also finds that the Variance will not change the character of the area since the parcel has existed in its current configuration since 2010. And because there are several other lots in the immediate area of Irish Lane and Bauer Road with deficient lot frontage.
Staff also finds that the owner has a hardship of not being able to acquire additional lot frontage in order to bring the property into conformance.
Staff recommends approval of this request.
Chairman Stipan said thank you very much, I appreciate it Lisa. Does anyone have any questions of Staff?
No response.
Chairman Stipan asked is the owner or agent available?
Patricia Letton said we are both here, Michael and Patricia.
Chairman Stipan said before I ask you to speak, are there any objectors or concerned citizens to this case?
No response.
Chairman Stipan asked again. Are there any objectors or concerned citizens to this case?
No response.
Chairman Stipan said ok, Mrs. Letton. You’re welcome to speak and we have a motion for approval and we have no objectors. If you don’t want to speak you don’t have to, but you’re welcome to.
Patricia Letton said I just wanted to thank everybody for taking the time and thank you Lisa for all of your work.
Roll Call vote was taken. Motion was approved unanimously, 6-0.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Carruthers, Commissioner
SECONDER: John Kiefner, Commissioner
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
13. Revocation of Case ZC-16-006 including the following two Special Use Permits: S-16-009 and S-16-010, filed by Ronald L. Janota and Airocolina Janota , Owners of Record; PIN # 22-22-02-200-005-0000, Washington Township, commonly known as 1301 E. Offner Road, Beecher, IL
Brian Radner said we're going to ask that this matter be tabled until the August 4th meeting of the Planning & Zoning Commission. We need to be sure that we can have an open public hearing with this one where people can attend in person to make sure we're receiving the very best public comments for this matter considering what we're asking the County to do. We're hoping that will happen during phase 4. So, we're asking that this matter be continued until August 4th.
Roll Call Vote was taken. Motion passed unanimously, 6-0.
RESULT: TABLED [UNANIMOUS] Next: 8/4/2020 6:30 PM
TO: Will County Land Use & Development Committee
MOVER: Thomas White, Vice Chairman
SECONDER: Michael Carruthers, Commissioner
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
IV. OTHER
None.
VII. EXECUTIVE SESSION
None.
VIII. ANNOUNCEMENTS
Janine Farrell said our next meeting will be June 16th.
Chairman Stipan said I presume that's a webinar or WebEx also.
Janine Farrell said that is correct.
IX. ADJOURNEMNT
1. Motion To Adjourn Meeting
Thomas White made a motion was made at 7:55 PM to adjourn the meeting. Barbara Peterson seconded the motion. Motion passed unanimously.
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas White, Vice Chairman
SECONDER: Barbara Peterson, Secretary
AYES: White, Carruthers, Mitchell, Stipan, Peterson, Kiefner
ABSENT: Bettenhausen
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http://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=3776&Inline=True
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