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City of Countryside Plan Commission/Zoning Board of Appeals met September 1

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City of Countryside Plan Commission/Zoning Board of Appeals met Sept. 1.

Here is the minutes provided by the board:

Roll Call: Secretary Grotzke called the Roll of Members physically present as follows:

PRESENT: Chairman Richard Fullmer, Jr, Secretary Tina Grotzke, Michael Anderson, Steve Kehr, Marco Gutierrez, Ronald Ward, Danielle Edenfield, Robert Schwarz, Jon Gertsmeier

Also Present: Attorney Erik Peck, Planning Manager Richard Trent

APPROVAL OF MEETING MINUTES

The minutes of the Regular Meeting of August 4, 2020 were previously distributed to the Board Members. Chairman Fullmer asked if there were any corrections to be made to said minutes. There being no corrections or additions, motion made to approve the minutes of the Regular Meeting of August 4, 2020, as presented.

A motion was made by Mr. Anderson, seconded by Mr. Gutierrez, that this matter be APPROVED as presented. The motion carried by the following vote:

Aye: 9 Chairman Fullmer, Anderson, Grotzke, Ward, Kehr, Schwarz, Edenfield, Gutierrez, Gertsmeier

Nay: 0

Chairman’s Comments

Chairman Fullmer stated the Rules of Proceeding for the Hearing before the Plan Commission – Zoning Board of Appeals will follow a strict order of presentation. A sign-in sheet for Interested Persons addressing the Board is located at the podium. This hearing is being recorded. Please silence all cell phones and pagers.

Chairman Fullmer asked if all Commissioners attended the online harassment classes. Mr. Trent responded that all nine Commissioners have taken the class and are certified for 2020.

Action Items

1. CASE #PRC20-0001: Consideration of a Plat of Resubdivision

a. To consider approving a Preliminary/Final Plat of Resubdivision in order to subdivide the subject property at 9840 W. 58th Street into two lots (Lots 1 and 2).

Both Mr. Guzman and Mr. Lin were sworn in by Chairman Fullmer. Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Gutierrez and carried by unanimous voice vote. The Building Department has received the required Proof of Notice. Mr. Trent presented the Staff report.

Mr. Pablo Guzman, represented by Mr. Jiun-Guang Lin, Ridgeline Consultants, has requested a Plat of Resubdivision on the property at 9840 W. 58th Street. A close-up of the property shows that it currently shares a driveway with the property to the west. Mr. Guzman purchased the parcel in 2018 with the intent of subdividing the property. The current lot size is approximately 39,000 sq. ft. or .91 acres in size. There is an existing two-story house, a detached garage, two (2) sheds and a gazebo on the west side. The east side of the property is currently vacant – Lot 2. There is a utility easement along the north property line. Illustrations presented portray each of the four (4) elevations; the house is approximately 816 sq. ft. in size. 

The R-3, One Family Residence District, has a minimum lot size of 7,500 sq. ft. with 65’ of road frontage. The subject property meets the front yard setback of 30’ and side yard setback combination of 15’ on either side, with a rear yard setback of 30’. There is a concrete patio; portions of that patio must be removed so that they can be at least three (3) feet from the property line. The principal structure is approximately 10’ away on one side and 16’ on the other side. Staff found no concerns that negatively impact the request; therefore, Staff recommends approval of the Plat of Resubdivision subject to the three (3) conditions as outlined in the staff report. Both lots fully comply with all zoning requirements.

Chairman Fullmer addressed the five (5) items discussed by Novotny Engineering. Mr. Trent stated that those issues are being corrected. Mr. Lin will address that topic. Mr. Gertsmeier asked if the concrete removal should be included in the conditions. Mr. Trent noted the applicant is aware of the issue; Mr. Peck may include that in any Ordinance provided to Council. Ms. Edenfield asked if the shared driveway is an issue. Mr. Trent stated it does not impact the new parcel, which would have its own dedicated driveway. The shared driveway is considered a legal non-conforming use.

Mr. Lin, Civil Engineer with Ridgeline Consultants, 1661 Olcott Road, Montgomery, IL 60538, represents Mr. Guzman. The property of approximately 39,629 sq. ft. would be subdivided into two (2) lots, both of which would meet the requirements of the City. They are not seeking any variances. Regarding the concrete (patio) issue, that has been removed by Mr. Guzman. They will provide an as-built survey to the City to illustrate the minimum three (3) foot setback from the new edge of the remaining concrete patio. Mr. Lin addressed the comments made by Novotny Engineering re: the 33’ R-O-W dedication; doing that does not affect the compliance of either lot; they still would conform to the Zoning Code.

Mr. Guzman seeks to construct a new residence on Lot 2, where he expects to reside, while renting the existing house on Lot 1. They will request a building permit for Lot 2 when architectural drawings and grading plans are complete – making sure that the new improvements meet City Codes; there is a water main on 58th Street that is available for tie-in --- from a utility connection standpoint, there should be no problem.

There were no questions from Interested Parties. There were no further questions from Board members. Mr. Lin thanked the Board; he seeks approval for the subdivision.

Attorney Peck entered into evidence the Application submitted by Mr. Guzman along with the Memorandum provided by the Community Development Department. Mr. Schwarz moved to close the Evidentiary Portion of the Public Hearing, seconded by Ms. Edenfield and carried by unanimous voice vote.

Attorney Peck stated that this will be a recommendation to approve the Preliminary and Final Plat of Resubdivision of the property commonly known as 9840 W. 58th Street, in substantial compliance with Exhibit A, which is the Application and the Planning/Zoning Memorandum, subject to the three (3) conditions:

1. A revised Final Plat of Resubdivision and accompanying data shall be submitted in accordance with Section 9-2-5 (A) and (B) to be reviewed and approved by the City Engineer.

2. The requirement for sidewalks shall be temporarily waived until such time as either adjoining properties install sidewalks.

3. An Address Plat (for Lots 1 and 2) shall be submitted with the Building Permit to be reviewed and approved by the Pleasantview Fire Protection District. 

Mr. Schwarz moved to approve the Plat of Resubdivision request subject to the three (3) recommendations in the Staff report, seconded by Ms. Grotzke and carried by Unanimous Roll Call vote.

A motion was made by Mr. Schwarz, seconded by Ms. Grotzke, that this matter be APPROVED as presented. The motion carried by the following vote:

Aye: 9 Chairman Fullmer, Anderson, Grotzke, Ward, Kehr, Schwarz, Edenfield, Gutierrez, Gertsmeier

Nay: 0

Chairman Fullmer stated that this recommendation will go before the City Council at its next Regular Meeting on September 9, 2020 at 7:30 p.m. (CORRECTION - September 23, 2020)

Public Comment – none

Other Business

Mr. Trent stated that two (2) matters will be on the Agenda next month. The first is from Mr. Frank Mistretta for the Tom Robb property along the 5th Avenue Cutoff. As you may recall, Local 150 showed some interest in the property last year but they decided against it. Mr. Mistretta wishes to purchase the property for the storage collectible automobiles only. He would like the property to remain “as-is” – leaving the buildings as they are. The problem arises because in the R-7, Rural Residential District, there must be a principal structure and there is none on the property at this time. This property has a long history; Mr. Robb sold another portion of the property (10035 5th Avenue Cutoff) but retained ownership of the subject parcel with the businesses operating from the two (2) buildings. The new owner would need a variance to allow the use of that activity on the property. Further discussion re: piping in sewer and water – those issues and any other changes may need a Variance.

The second hearing is a request for a private school at 450 W. 55th Street. The applicant being the Acacia Academy, currently located at 6438 Joliet Road. In 2014, they received a Special Use to allow their private school to operate along Joliet Road. Their attendance has doubled and they need a larger space. They plan to occupy the full second story of the U.S. Bank Building. Their current location has approximately 1,700 sq. ft.; the new location would have approximately 3,300 sq. ft. They previously had 10 students; they would now propose between 20-25 students, ages 18-24, young adults who do not drive; they are bused in and picked up. Chairman Fullmer asked if parking will be adequate. Mr. Trent will verify those numbers.

Text Amendments referring to Outdoor Storage Containers and Accessory Structures may be addressed next month as well.

The 2018-2020 Zoning Case log has been updated. The Preliminary Meeting Schedule dates for 2021 have been provided for your review; they may be adjusted. The next meeting date is October 6, 2020.

Mr. Gertsmeier asked whether there were any extensions of the 2019 cases due to the COVID-19 pandemic. Mr. Trent stated there have been none so far. The former Speedway property located at 5555 Brainard Avenue was approved in 2018; they have returned for three (3) extensions. The last one ends on September 28, 2020. They may return again due to the current environment. Although, it should be noted that they have had more than two (2) years to work on this project prior to COVID.

Home Depot is still a problem – Mr. Trent and Mr. Coleman will meet with the new store manager, Mr. Brian Kelly, tomorrow to walk the property and discuss the current issues. Mr. Trent is actively pursuing an amicable resolution to the problem.

 ADJOURNMENT

A motion was made by Ms. Grotzke, seconded by Ms. Edenfield that this meeting be ADJOURNED. The motion carried by the following vote:

Aye: 9 Chairman Fullmer, Anderson, Grotzke, Ward, Kehr, Schwarz, Edenfield, Gutierrez, Gertsmeier

Nay: 0

Chairman Fullmer declared the meeting adjourned at 7:53 p.m.

https://www.countryside-il.org/agendas-minutes/september-1-2020/

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