Will County Gazette

Village of Homer Glen Plan Commission met June 6.

Here are the minutes provided by the commission:

1. Call to Order.

The Meeting was called to Order at 7:03 PM

2. Pledge of Allegiance to the Flag was led by Commissioner Bradarich.

3. Roll Call.

Members present: Commissioner Stanly, Commissioner Lyons, Commissioner Bugos-Komperda, Commissioner Bradarich, Vice-Chair McGary and Chairman Hand. Also present were Director King, Planner Udarbe and Plan Commission Secretary Pesavento.

Not present: Commissioner Foley.

4. Minutes.

a) May 16, 2024

A motion was made to approve the minutes from May 16, 2024 by Commissioner Stanly, seconded by Commissioner Bugos-Komperda. All in favor, zero (0) opposed. The motion carried.

5. Public Comment. None.

The Plan Commission Secretary swore in all wishing to speak. Chairman Hand provided a statement as to the order and operation of business for the Plan Commission process.

6. New Business and Possible Action.

a) Case No. HG-2411-V, 16037 S. Syd Creek Dr, Homer Glen, Illinois (Public Hearing): Consideration of a request for approval of a Variance to reduce the required south side yard setback for a patio from ten (10) feet to five (5) feet for certain real property located in the R-6 Multifamily Residence District at 16037 S. Syd Creek Dr, Homer Glen, Illinois. [HG-2411-V]

Planner Udarbe presented the facts of this case. This is a consideration for a request for approval of a variance to reduce the required south side yard setback for a patio from ten (10) feet to five (5) feet for certain real property located in the R-6 Multifamily Residence District at 16037 S. Syd Creek Dr, Homer Glen, Illinois [HG-2411-V]. The applicant, Garratt Breidster, owns the subject property located at 16037 S, Syd Creek Dr in the Evlyn's Gate North Subdivision and is in the R-6 Multifamily Residence District. He is proposing to install a five hundred and seventy-five (575) square foot patio in the rear yard of the subject property only five (5) feet from the south side property line. Per code, patios are required to maintain ten (10) feet setbacks from property lines in all residential districts, except for the R-5 district where five (5) feet is permitted.

As far as public comment you can see in the staff report all of the letters, or was that not included? There was a lot of public comments in favor of this. I have all of them on my desk, so now I think I need to read them into public comment. There was significant public comment all in favor of the project. This included neighbors and the Homeowners Association emailed. I will read all of them as part of public comment. Then we just had one phone call. They simply were just asking what the case was for because they saw the sign. I explained and they had no issues with this, but I will read all the public comments during public comment time.

For patios, our code says that all patios in residential districts have to maintain ten (10) foot setbacks from all property lines except in R-5 district where five (5) foot is permitted. The applicant is requesting a variance in order to install a paver patio five (5) feet from the property line. These are just the setbacks. They're proposing five (5) feet from the south side property line and fifteen (15) feet from the rear property line. For the lot coverage there's no change because patios don't count towards that. Then impervious coverage, I don't know why it says sixteen (16) feet. They are actually at fifty (50) feet. They are maxing out their allowable impervious coverage on this project.

A little background on the Evlyn's Gate North subdivision. This subdivision was approved in 2005 for a map amendment and a PUD and there were no exceptions for structure setbacks, even though these are smaller lots. Per this ordinance, the approved zoning for this subdivision was called out as "R-6A (Multiple Family Residence District)". Our zoning maps back then had combined the R-6/R-6A Attached Single family/Multi-Family Residential into one category for all our zoning maps up in 2018, where they finally split the two (2) different types. Once that split happened on our official zoning maps, this subdivision was assigned R-6 Multifamily, even though this is detached single family homes. It doesn't meet the character of either R-6 Multifamily or R-6A Attached Single Family homes. Staff isn't really sure the intention of what the zoning district was meant to be. Our records from 2006 are not very clear. All the properties historically have been reviewed and held to the requirements of the R-6 district, except on the plat they were granted an exception calling out maximum lot coverage of forty-five (45) percent, but it doesn't call out impervious. They're granted the lot coverage of R-6A, which is forty-five (45) percent. Then we revert back to R-6 Multifamily, which is fifty (50) percent impervious coverage. It's kind of weird. I don't know if anyone had noticed that before. Every time we look at this development, we go down this rabbit hole with the zoning because it doesn't match. It's detached, single family homes. It's kind of weird to call it multifamily, but that's just historically what it's been considered at the Village.

Then if you go to the next slide. These are some site photos. You can see that first one is showing the proposed patio location right off of their deck and then same on the other side, but looking out at the neighbor's property towards where this patio is going to be. The next slide shows this berm that's happening. It like dips down to a storm sewer and then raises two (2) to three (3) feet and levels out at the attached homes in the other subdivision right behind the property.

For similar variances granted, in 2021, we had one at 13161 Woodland Drive. This was the R-5 Single Family and they got a variance to reduce the side yard setback for a patio and a fireplace from the required ten (10) feet to six (6) feet. This was just granted prior to the code change that allowed their district by right to have a five (5) foot setback anyway. Other than that, I have not found many patio setbacks. As far as findings, the plight of the owner is due to the unique circumstances of detached single-family homes on small individual lots that do not fit the character or intention of the current R-6 Multifamily zoning district that is present in the Evlyn's Gate North subdivision. These conditions are unique to the subdivision, but could also be applied to every property in the subdivision. The applicant feels that this proposed patio would be more symmetrical with the layout of the home and lot aesthetically and functionally. The next slide is just the motion. That concludes my presentation, but I will read in to the record as public comment.

A motion was made to open the public hearing by Vice-Chair McGary, seconded by Commissioner Bradarich all in favor, zero (0) opposed. Motion carried.

The petitioner said, my name is Kelly Heraty. I also live on the property at 16037 Syd Creek Drive. As Taylor had mentioned, our neighborhood is a unique circumstance. We do have these small plots of land in our backyard and not a lot of room for patios. We do have a deck which also impedes on the room to have a patio. Our specific unique circumstance is our next-door neighbor has the only house in the neighborhood that their driveway does extend all the way into the yard. They have pavers two (2) feet along the outside of their driveway that also encroach to our ability to stay within that ten (10) foot parameter and still create an esthetically pleasing and visually pleasing patio space for us and to look good for everyone in the neighborhood. We have talked to all of our neighbors. We have the permission and approval of our next-door neighbor, which would be the house on the south side. We really hope you will take it into consideration because we are hoping to create a better looking space. Thank you for your time.

Commissioner Lyons asked, can we put the pictures back up from the back of the lot?

Planner Udarbe said, I'm going to rapid fire these public comments.

This is Alison Bafia at 16025 Syd Creek Dr. Hi there. I'm reaching out in regards to our next door neighbors, Kelly and Garratt's proposed outdoor patio build. We reviewed the design and are in favor of them moving forward with construction. Please let me know if you need any additional information. Thank you

May 14, 2024. To whom it may concern, my husband, Mark Barth and I are neighbors of Garratt and Kelly, who reside at 16037 Syd Creek Drive in Homer Glen. After speaking with Kelly and seeing a picture of the proposed backyard design, my husband and I have no objections for this project to move forward. We hope they're granted approval to do so. We all take pride in the appearance and comfort of our yards, both front and back, which adds to the esthetic and beauty of this special neighborhood. Should you need further comments, feel free to contact me. Respectfully submitted, Sheila Barth, 16081 Syd Creek Drive.

Hi Taylor. I'm writing in support of the variance request for the property at 16037 Syd Creek Drive. They're asking for a variance for a patio design project by Don Dahl in their backyard. As a neighbor and former client of Don Dahl, I think the work he has proposed will be an asset for that property and the neighborhood in general. Don Dahl and his team do outstanding land and hardscaping work. While his plan may be exceeding the amount of space that is legally allowed for hardscaping, he always does a great job of incorporating beautiful landscaping in his design that makes up for any loss of grass. I ask that the Planning and Zoning Commission approve this request. Thank you. Warm regards, Amy Blank. Resident at 16073 Syd Creek Drive.

Dear Homer Glen Village Planning Committee, we are writing to express our support for the proposed backyard patio installation at 16037 Syd Creek Drive, as submitted by Garratt and Kelly. The Evlyn's Gate North Homeowners Association has thoroughly reviewed the detailed plans and we find them to be in full compliance with our neighborhood standards for exterior home improvements. We believe that the proposed backyard beautification project will enhance the overall esthetic appeal of our community. The design plans have our approval and we are confident that the completed patio will be a valuable addition to the property. Please feel free to contact us if you require any further information or have additional questions regarding this matter. Best regards, Jeff Peterson, President of Evlyn's Gate North HOA. Rebecca Mason, Vice President and Brad Oezdes, Treasurer of the Evlyn's Gate North Homeowners Association.

This is an email. Good evening. I have attached a letter in favor of our neighbor's patio design. Thank you from Nicolette Kaczmarczyk.

This letter reads to whom this may concern. Our names are Thomas and Nicolette Kaczmarczyk and we reside in 16001 Syd Creek Drive, Homer Glen, Illinois. We live a few houses down from Kelly and Garratt, who reside at 16037 Syd Creek Drive, Homer Glen, Illinois in the Evlyn's Gate North Subdivision. We have known Kelly and Garratt for a few years and have had several conversations with them about how they wanted to enhance their backyard. They recently shared a picture of their design with us and we thought it was beautiful. Kelly and Garratt enjoy hosting neighborhood get-togethers and we are hoping that their patio gets approved so we can continue to partake in these get-togethers in their new beautiful space. Thank you for your consideration, Thomas and Nicolette Kaczmarczyk.

Hello Taylor, it is Laura and Robert Rellinger. We live at 16065 Syd Creek Drive, Homer Glen, Illinois. We took a look at Kelly and Garratt's design for their desired patio. It looks beautiful to us and think it would be a beautiful addition to our neighborhood. Thanks, and have a great day. Laura and Robert Rellinger.

Dear Homer Glen Village Planning Committee, this letter is being written on behalf of Garratt and Kelly in regards of their proposed plan for backyard patio installation at 16037 Syd Creek Drive. We are the owners of the neighboring house who share the southside property line in question on this variance request. We have been informed of our neighbor's desire to improve their homes exterior and other needs for additional square footage to execute asymmetrical and esthetically pleasing design. They have our full support to begin construction on the design with the parameters they are currently laid out. Mike and Christina Russo at 16049 Syd Creek Drive.

Hi Homer Glen Village, I'm writing to let you know that as a result of Evlyn's Gate, I approve the patio that will be put in at 16037 Syd Creek Drive. I think it is going to improve the neighborhood by adding value to their property and will be an oasis not only for the neighborhood, but for my kids. There are a lot of neighbors that have larger patios in their backyard and it is only fair that they are allowed to do the same. Here's the information of the owners of the resident in question. Garratt and Kelly at 16037 Syd Creek Drive. Signed Sheila Strutz.

That is all I had from public comment letters. That was a total of eight (8) letters. Does that sound right? Did you get any more in that letter? The petitioner said, eight (8) sounds right. Planner Udarbe, said, that concludes my public comments.

A motion was made to close the public hearing by Stanly, seconded by Commissioner Lyons all in favor, zero (0) opposed. Motion carried.

Commissioner Bradarich said, I have one question. The rear edge of the patio, will that be lined up with the edge of your neighbor's driveway? Are those two (2) are going to line up? The petitioner asked, you're saying the east side? Commissioner Bradarich said, the rear edge of your patio. The petitioner said, I don't think so. I would have to look at it. Commissioner Bradarich said, it is hard to tell with the information we have. Planner Udarbe said, based on my GIS measurement it looks like the edge of their neighbor's driveway/ those pavers that were added, it looks like it's around fifteen (15) feet from their own rear property line. Their patio is proposed at fifteen (15) feet from the rear also. I do think that it is proposed to line up to your neighbors. I don't know if there's a good aerial. Commissioner Bugos-Komperda said, it is probably pretty close. Planner Udarbe said, it does look like it's close because their neighbors house goes out a little further to the back too. Chairman Hand asked, I'm assuming you're running it back to where the grade really drops off? The petitioner said, there has to be a certain number of feet from where that drops off. Commissioner Bradarich said, fifteen (15) feet, yes. The petitioner said, it is going to be right around there. I don't want to say it's exact, but we want it to be symmetrical and to look right. Chairman Hand said, they can go as close as ten (10) feet. Vice-Chair McGary said, the rear setback per code is ten (10) feet. Director King said, they are not going back that far though. Commissioner Bugos-Komperda asked, it would go around impervious then? Director King said, if you went further, correct. They are already at the maximum. Commissioner Bradarich asked, is that why that little landscape area is in there because we're getting too close to impervious? Planner Udarbe said, I think so. Don has worked in Evlyn's Gate North before so he knows the impervious that we allow here. I just talked to him about another one that he wants to do permits for so I think he knows the parameters. Director King asked, the little cutout of landscaping area, is there a plan for that area? The petitioner said, that is a plant wall. That's going to be slightly raised plant area just to break it up so it wasn't all pavers and stuff. Vice-Chair McGary said, I don't have anything. I think it looks nice. Chairman Hand asked, are you planning on any landscaping or anything to go between the neighbor's driveway and new patio? Otherwise, it seems to me they'll be about seven (7) or eight (8) feet apart. The petitioner said, yes. Don loves his arborvitaes so we will have those. We're very fortunate that our neighbors spend most of their time in Florida, so we don't ever feel like we're actually impeding on them.

Chairman Hand asked for a motion. Commissioner Bradarich made a motion to recommend approval of a Variance to reduce the required south side yard setback for a patio from ten (10) feet to five (5) feet for certain real property located in the R-6 Multifamily Residence District at 16037 S. Syd Creek Dr, Homer Glen, Illinois, [HG-2411-V]? The motion was seconded by Vice- Chair McGary. A roll call vote was taken with Commissioners Bugos-Komperda, Lyons, Stanly, Bradarich, Vice-Chair McGary and Chairman Hand voting in favor six (6) to zero (0). The motion passed unanimously and will go before the Village Board on July 10, 2024.

Chairman Hand asked for a motion. Commissioner Bradarich made a motion to adopt staff's findings as the findings of the Plan Commission. The motion was seconded by Vice-Chair McGary. A roll call vote was taken with Commissioners Stanly, Lyons, Bugos-Komperda, Bradarich, Vice-Chair McGary and Chairman Hand voting in favor six (6) to zero (0). The motion passed unanimously and will go before the Village Board on July 10, 2024.

7. Old Business.

Chairman Hand asked, as far as the annual report that was presented to the board, was there any feedback on that yet? As far as directives on our list of items? Director King said, I did not get a lot of feedback that night, although I think they were thankful and they liked it. I have one update that I was going to make in reports from staff, is that the fence code was added to the Administration and Finance agenda, which is a committee that has just been brought back. We used to have the Administration and Finance committee that was taken away for a while. Now it's been brought back and they're handling any code updates that are going to be looked at from a workshop level or are starting there now. That's kind of a nice change. They talked about it this week and authorize us to move forward with that minor code update. So, we'll be seeing that soon, which is good. Then in my mind the concept plan would be the next thing that we would tackle and what we'll do is put together what we normally would do for a workshop and we'll present it at A&F for them to look at. Then the next step would be for it to come here. I think it was very well received. I've been working a lot to revamp our website planning and zoning as well as the plan commission page. I reworked the whole thing and actually reposted zoning cases on there. I pulled out how we were doing it before and I put it into table format. That's a lot like what was in the annual report. In fact, for Trantina, I did post a few of the exhibits online so people can click on them, which I think is a helpful and nice change. I'm hoping to get the annual reports up on the website and on its own page. I've just got quite a few things on my list on the website that I'm trying to work through, but that's my hope.

8. Reports of Plan Commissioners and Staff.

Director King said, I did just send an email out. I know there's been a lot of requests about special meetings, so I apologize for the month of June. It has been a little chaotic. I think HomerFest puts a twist on things for us a little bit and also, we don't have that first July meeting scheduled right now. The item that's on the agenda next week has been under discussion in our office for probably over a year. There had been some discussion on the target date to have her potentially at the board level to be heard as an appeal process. I've been working closely with our counsel who believes that they should really follow this other appeal process. They never officially applied for a fence permit before. It was just discussion. I don't want to get into all the details here. It's not very complicated, but there's a lot of complicated code sections that kind of go into it. That packet I will have together tomorrow, it's just the singular appeal. That will be a special meeting next week on Thursday, June 13th. I think everybody except John is coming and Laura. On June 18th we have the special use permit for the Sam's Bar and Gaming. They want an outdoor dining area and so Taylor will be working on that staff item. Then we'll have the Homer Township's Community Center that night as well. I have already had, not a lot of public comment, but definitely people calling me. I do think we'll probably have a crowd that evening and so we'll just take it as it comes. Commissioner Bugos-Komperda asked, what is the date on that one? Director King said, Tuesday, June 18th. You may have heard that the sign went up and the date was wrong. It was fixed the same day, which meets code and the requirements for noticing. The letters went out and the paper was notified. All of that is correct. I've seen the wrong sign on Facebook. I have been telling people who have called me what the actual date is and that if they have questions and they're talking to friends, they should call the Village. I think if you hear anything out there and if people are calling you or asking questions, just have them call our village staff if they have questions or comments or anything like that, and to talk to either myself or Taylor. I'm trying to keep it all together. Commissioner Lyons asked, is there anything on the agenda or looking like it will be on the agenda for June 20th? Director King said, we will cance! that meeting because we had three (3) confirmed and maybe Laura. I think that is what was going to happen on the 20th and I did not feel comfortable going into that meeting. I'm always concerned, especially with just four (4) people, that somebody could get sick or something could happen and we might not have quorum. What we'll end up doing is just canceling that one. We will probably do next week, like midweek. We'll send a cancellation notice out and then we'll post for the special meeting. Right now, I'm not planning on holding a meeting the first couple of weeks of July. We don't have one scheduled right now. Chairman Hand said, July 4th would be our first meeting anyways. Director King said, we didn't add it to the calendar at the beginning of the year. We just decided not to have one.

Director King said, the Dunn Farm application, they are so close. I have to get with Nick, their planner on it. There are a few items that are still missing, but I think they're so close. I'm really close to distribution on that. Then there will be a two (2) week turnaround. It's a big project so I'm assuming there'll be some things that will get them caught up. It just happened, but I do know it's going to be coming before us, which is kind of exciting.

Chairman Hand asked, the packet for the township building, that would be June 14th, the Friday before? Director King said, no. I'll try really hard to get it out as early as I can next week. That's the plan. I will say there's not significant changes from what was in the packet that we distributed initially. I mean there are additional items and things like that and there's obviously in my staff memo. I think that there haven't been what I would call significant changes to the site plan layout or the building. Commissioner Lyons asked, any update on the prairie area or the wetlands, I'm sorry. Director King said, they did hire a wetlands specialist and they did find some small wetlands on the front of the property and some, I forget what they call them, like fringe wetlands along a drainage area and the rear of the property. They do have a plan for how to handle it and move forward. They did submit a full wetland report for the Village. It's still under review with our engineering department. It was a very quick turnaround when we got them in to get them reviewed and then get packet ready and get it to the 18th. It's a lot. A very tight timeframe. I've actually asked our engineers to expedite the review. They usually do a two (2) week review and they're doing a ten (10) day review and it is due back on June 12th. We have to take that when they give it to us and turn it round if there's anything that has to go into the staff report. That's why it gets kind of difficult to get the packet out in time. We will do our best.

Chairman Hand asked, how is the Menards property project coming? Director King said, I just heard from Mark. I know they just got the mylar on the plat because they just got plat approval and I think they're doing that. They had to circulate for signatures and get it recorded. I have not seen a permit application in, but I know they're very close to that. I'm sure there's a lot of moving parts, but it's not on us. There's not been any delay in the village staff at all. Chairman Hand said, Colleen, I don't know if you have heard of that. It's the Menards property to the north, next to the horse ranch. A car wash and gas station with an Italian beef restaurant is going to go in there. It's going to connect to the Menards.

Commissioner Bugos-Komperda said, I had to get a variance for a garage for my property in Wisconsin. It was fun. It cost me one thousand two hundred (1,200) dollars before we even got to the meeting. It's expensive up there. It's four hundred seventy-five (475) dollars to apply for the variance. Director King said, that is our cost. Commissioner Bugos-Komperda said, Homer Glen is cheaper. It was an interesting process. I liked one thing they did as a thought and if you like it, we could change it. There were pieces of paper there and it said which agenda item you were there for. Then there were all these different lines that you would check off. I'm here, I don't want to speak, but I approve it. I'm here, I don't want to speak, but I don't approve it. I'm here and I want to speak. They get all these different choices and you could check it off and then you fill in your name and stuff. Then they gave it to the chair. When it was time for that agenda item, the chair would call up those people, or it would just be people that said, I'm in favor of this or I'm not in favor of this, I was like, that's kind of nice. Director King said, it streamlines things. Commissioner Bugos-Komperda said, I thought that was kind of a neat process. Vice-Chair McGary asked, was there a lot of people at the meeting? Commissioner Bugos-Komperda said, no. Vice-Chair McGary said, I think that would be a good idea when we get a meeting where a lot of people show up. How many people say, I don't want to speak, I just thought I had to sign in. Commissioner Bugos-Komperda said, maybe more are in favor than we know. The ones that are against, we hear from. We don't hear from the ones that are in favor really. Vice-Chair McGary asked, do you have that paper? Commissioner Bugos-Komperda said, I do at home on my desk. I'll bring it in next week. Chairman Hand said, that would be considered a public comment. They would have to go through each and every one and put it on the record. Commissioner Bugos-Komperda said, yes. He did read through them. It was a public comment about what was on that agenda item. You had to put which agenda item you were there for. There were six (6) items, we were the last one. Nobody was really objecting to anything. Chairman Hand asked, does it then go to the county board? Commissioner Bugos- Komperda said, that's it. One stop shopping. Vice-Chair McGary asked, the Plan Commission can approve that? Commissioner Bugos-Komperda said, yes. It's like their County Board and Plan Commission and they can approve fences and garages and little things like that. Director King said, it is not uncommon to have a zoning board of appeals that can grant that. Even Orland's Zoning Board of Appeals is separate, although they don't get very many requests. It's not uncommon. We have asked to go more administrative here and I think this Village isn't quite there yet. Vice-Chair McGary asked, so you were approved? Commissioner Bugos-Komperda said, yes, but I can tell you, being on the other side, you're nervous. You're like, are they going to approve us? What if they say no? So, there we were working off the high watermark. Our neighbors were fine. We were far away from everybody, but it was the high watermark from the lake and the center line from the street. It's impossible to make it. You have to be a three hundred (300) foot deep lot and we're not so you have to get a variance. The variance was really off the high watermark and we were as close to the street as we could be, but yet far enough away from the snowplows and all that. The only variance we were looking for was the high watermark from the lake. Director King asked, did you tell them you were a plan commissioner? Commissioner Bugos-Komperda said yes. Well, not when I went up there and talked, I think afterwards I did. Chairman Hand asked, they arrive at the high watermark so who keeps track of that? Commissioner Lyons and Bugos-Komperda said, DNR, Chairman Hand asked, so they have records of each lake the high watermark? Commissioner Bugos-Komperda said, yes. Chairman Hand said, I guess you would have to. Planner Udarbe asked, did you to hire an engineer? Commissioner Bugos-Komperda said, no. We had to have the surveyor come in and put the site plan together where the garage was going to be. Then it triggered a soil test. So, we had to have that. I feel like there was one more thing. Chairman Hand asked, no tree survey? Commissioner Bugos-Komperda said, no. We have a lot of trees, so some are coming down. We are in the Nicolet Forest, there is enough trees. We certainly don't want to be next to the lake either. You don't want to muck up the lake. You want to be back. You don't want to pull your garage up by the lake. We put it in a spot that really made sense. Commissioner Lyons asked, you are in the forest's actual boundary? Commissioner Bugos-Komperda said, 1 mean it's surrounding you. The town has the forest that goes in and out all different parts of the town.

9. Adjournment.

A motion was made to adjourn by Commissioner Bradarich, seconded by Commissioner Lyons. All in favor, zero (0) opposed and the meeting was adjourned at 7:44 PM.