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HomeMy Public PortalAbout2012-08-21 PC minutes VILLAGE OF PLAINFIELD PLAN COMMISSION RECORD OF MINUTES DATE: August 21, 2012 Chairman Pro tem Renzi called the Plan Commission m eeting to order at 7:00 p.m. ROLL CALL Commissioners Seggebruch, O’Rourke, Renzi, Kiefer, and Fulco were present. Fire District was present; Commissioners Heinen and Chairman Sobkoviak were ab sent. Park, School and Library Districts were absent. Also present were Michael Garrigan, Village Planner , Jonathon Proulx, Planner II, and Merrilee Trotz, Recording Secretary Approval of Minutes: The Plan Commission minutes from July 17, 2012 were accepted as presented. PUBLIC COMMENTS: Chairman Pro tem Renzi asked for public comments on items that were not on the agenda. Dan Raddatz, resident of Heritage Mead ows Subdivision, asked if the Village was considering a policy for the rental of single famil y homes. Mr. Garrigan indicated there have been so me internal discussions regarding preliminary research on a rental ordinance. Chuck Corkery, resident of Heritage Meadows Subdivision and previous president of HOA, suggested the Village could check with Vanguard as the management company has set up some guidelines for rental of homes. DEVELOPMENT REPORT Mr. Garrigan indicated the Village Board approved t he ordinance for the annexation agreement of the Metrou Property and approved the ordinance for the Benson variance to Lot 16 River Point Estates. OLD BUSINESS: None NEW BUSINESS: Case No. 1588-070912.SU 24212 W Apple Tree Lane Mr. Proulx stated this is a public hearing for a sp ecial use for a group home being heard pursuant to public notice in accordance with state statute and all applicable ordinances. Mr. Proulx summarized t he staff report; indicating the location of this prope rty is three lots west of Heritage Meadows Drive on the north side of Apple Tree Lane; reviewed the zoning classifications to the north, east, west and south as being R-1 Single family detached homes. Mr. Proulx indicated Easter Seals has purchased the home; proposes a group home for up to six (6) adult males with developmental disabilities; and further indic ated a group home requires a special use in the R-1 dist rict. The zoning code defines a group home as “a dwelling or facility used to provide a socially dependent family environment for developmentally or mentally disabled patients, as specified in the 1988 Fair Housing Act Amendments of the Civil Rights Act of 1 968. For the purposes of this ordinance, this Michael P. Collins VILLAGE PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Paul Fay Bill Lamb Garrett M. Peck James Racich Dan Rippy Plan Commission Minutes August 21, 2012 Page 2 of 10 definition shall not include “halfway houses,” uses for the recovering chemically dependent, prison wo rk release programs or any use that does not house sol ely the developmentally or mentally disabled”. Mr. Proulx reviewed the evaluation criteria; 1. The scale and character of the building shall be co mpatible with the surrounding residential properties; and The proposed group home is not a new structure and will utilize a single-family home that was constructed along with the adjacent homes as part o f a coordinated subdivision. Thus, the scale and character of the building are compatible. 2. The facility shall be certified and licensed by all required federal, state and local authorities; and Per the applicant’s information, the group home wil l be approved by the State Fire Marshall and licensed by the Department of Human Services. 3. No new facility shall be located any closer than 1,000 feet from another existing group home. Staff confirms that there are no existing group hom es within 1,000 feet of the proposed group home operation. Mr. Proulx reviewed the findings of fact for use as a group home. a.) The special use will not be injurious to the use an d enjoyment of other property in the immediate area for the purposes already permitted, nor substa ntially diminish property values within the neighborhood; and Based on the description of the proposed group home provided by the applicant (copy attached) and Village staff’s knowledge and experience with o ther group homes within the Village of Plainfield and elsewhere, staff believes that the p roposed group home will be operated in a manner that will have no negative impacts to adjoin ing properties. Staff acknowledges that the operation of the group home may result in additiona l vehicular trips such as from those generated by care-givers. However, this traffic will be simil ar in nature to the traffic generated by any given single family home with multiple occupants. The use of the group home, although in a setting of unrelated individuals, will continue to be resident ial in nature with all of the day-to-day activities corresponding with those you would find in a detach ed single-family home. Staff is confident that the Easter Seals will maintain the home in such a m anner that it will uphold and enhance the character of the neighborhood. b.) The establishment of the special use will not imped e the normal and orderly development and improvement of the adjacent properties for uses per mitted in the subject zoning district. The proposed use will occupy an existing single-fam ily home, which is surrounded by other compatible single-family homes. Staff finds that th e group home will not impede any additional development or use of the adjacent properties for u ses that are already permitted in the R-1 zoning district. Prior to any comments during the public hearing and discussion by the Plan Commission, staff is seekin g a favorable recommendation. Chairman Pro tem Renzi asked for clarification tha t if Easter Seals were to sell this home that it co uld not become a “halfway house” for recovering chemically dependent or prison work release program. Mr. Proulx indicated that was correct and reviewed the zoning code definition. Commissioner Kiefer asked Plan Commission Minutes August 21, 2012 Page 3 of 10 how the Village could screen this. Mr. Proulx indi cated it would be no different than enforcement of any other zoning code. Commissioner O’Rourke asked if the existing group homes were in residential areas. Mr. Proulx indicated the other group homes are in s imilar situations - one is on Eastern Avenue and th e other is south of Renwick Road in Arbor of Plainfie ld. Commissioner Fulco asked who runs the other group homes. Mr. Garrigan mentioned Cornerstone op erates the one on Renwick; indicated that as a Village Planner he was not aware of any complaints from the group homes. Chairman Pro tem Renzi swore in the applicant, Deb ra Condotti representative of Easter Seals. Ms. Condotti has 35 years experience with Easter Seals; explained the services provided by Easter Seals an d indicated the first group home opened in Joliet in 1985; described how the homes were developed. CILA (Community Integrated Living Arrangement) has more stringent living requirements than most homeowners have in a typical single family resident ial neighborhood. Ms. Condotti reviewed the requirements of the caregivers; indicated the resid ents that would be living in this residence if appr oved have disabilities such as visual impairments, 2 ind ividuals are blind; hearing impairments, 1 gentlema n uses a wheelchair and all are cognitively limited. Easter Seals is not licensed to serve mentally ill people. These residents attend vocational programs during t he day. Ms. Condotti stated this special use permi t would not be transferable to any other entity. Commissioner Kiefer asked for clarification on the caregivers. Ms. Condotti indicated there is a staf f member and possibly two available at all times that the residents are in the home; indicated the careg ivers stay thru the night but they do not sleep while on duty. Commissioner Kiefer asked about the licensing and c ertification process. Ms. Condotti indicated a ful l licensing review is done every three years. Commissioner O’Rourke asked if the caregivers were on site. Ms. Condotti indicated caregivers are required to be on site when the residents are in th e home and also accompany the residents when they g o into the community. Commissioner Fulco asked for c larification that the caregiver is in attendance al l night. Ms. Condotti replied yes. Commissioner Seggebruch asked the number of bedroom s and the number of residents in each bedroom. Ms. Condotti replied some houses have two residents in each bedroom and some have individual bedrooms. Commissioner Seggebruch asked if a wheel chair ramp would be necessary. Ms. Condotti said this house would not require a ramp and is quite an open design inside the house. Commissioner Seggebruch asked about the usage of the garage. Ms . Condotti indicated typically the garage is used f or storage but it could house the van. Commissioner S eggebruch asked what typical upgrades are required by the state fire marshal. Ms. Condotti indicated a sprinkler system is a requirement, and a fire ala rm system to be monitored by the local fire department ; and indicated there are several steps that will b e required prior to any occupancy. Mr. Proulx provided information regarding the Fair Housing and Equal Opportunity Act which have been attached to these minutes. Chairman Pro tem Renzi opened the public hearing fo r comments. Chairman Pro tem Renzi swore in John Plucinski, res ident of Heritage Meadows Subdivision. Mr. Plucinski was concerned with the use of the basemen t, access and safety for the residents. Ms. Condo tti indicated it is possible for two bedrooms to be loc ated in the basement; and Easter Seals would be required to follow all safety requirements. Commis sioner Kiefer asked if there was sufficient space o n Plan Commission Minutes August 21, 2012 Page 4 of 10 the main floor for six residents. Ms. Condotti tho ught that would be a challenge. Commissioner O’Rourke asked if the number of residents would be increased if the basement was used for two additional bedrooms. Ms. Condotti indicated if the lower level is available they would be able to accommodate the six residents; if the lower level i s not available for use then the number of resident s would be less. Chairman Pro tem Renzi swore in Jake Chippas, resid ent of Heritage Meadows Subdivision. Mr. Chippas questioned the improvements that have been taking p lace as though this special use had been approved; asked if a study of the home values had been prepar ed. Chairman Pro tem Renzi indicated Easter Seals owns the house and there is no law preventing the o wner to obtain a building permit to make improvements to property you own; if they do not ge t the approval Easter Seals will have made improvements and could possibly sell the property f or a profit. Mr. Proulx indicated staff has not se en any change to the current market; felt Easter Seals has invested in the home and staff feels they will continue maintaining the property making it an asse t rather than having an abandoned or bank foreclose d home. Chairman Pro tem Renzi felt an owned home wo uld probably do more to alleviate the downward pressures on real estate than having a vacant home. Commissioner O’Rourke indicated he holds his responsibility to the Commission very strongly; ind icated he received his packet on Friday, there has been no prior discussion between the Commissioners as to what is going on in the house; and there is no preconceived approved. Mr. Chippas asked if Easter Seals would present the neighborhood with guidelines of what to expect and the hours of opera tion. Ms. Condotti indicated they have worked with one other HOA and would invite neighbors to any hol iday function; Easter Seals will give details to th e emergency services of any special needs of the resi dents. Ms. Condotti would look forward to receivin g any information regarding any HOA meeting in the fu ture to share information. Chairman Pro tem Renzi swore in Dan Raddatz, reside nt of Heritage Meadows Subdivision. Mr. Raddatz asked who from the Homeowners Association (HOA) was contacted. Ms. Condotti indicated she tried to reach two people with Vanguard Management; and also Maria Pasquinelli, who was the name given at the real estate closing. Chairman Pro tem Renzi indicated there was a previo us notice published for this case. Mr. Proulx indicated it was originally published for August 7 th and the case had to be continued in order to compl ete the notice process to the neighbors and the posting of the sign. Mr. Raddatz asked if proper permits were pulled for the previous work done in the basement. Ms. Condotti was not aware of any improvements done by the previous homeowner; indicated there was an inspection done prior to Easter Seals proceeding wi th the closing. Mr. Raddatz asked where the vehic le would be parked. Ms. Condotti indicated it was pos sible the van may fit in the garage. Mr. Raddatz stated he worked with handicap students in a woodwo rking shop in a high school and found it very rewarding; asked if contact information would be ma de available if the home is approved. Ms. Condotti indicated she would like to remain in contact with the Homeowners Association (HOA). Chairman Pro tem Renzi swore in Sandra Stantal, res ident of Heritage Meadows Subdivision. Ms. Stantal asked the age range of the residents; and a sked for clarification of the special use. Ms. Con dotti indicated in general the community residents range in age from 18 years to their passing; and in this case the youngest is in his early thirties and the oldes t is in his mid to late fifties. Ms. Condotti stat ed if this special use is approved, the special use is issued to Easter Seals and it is non-transferrable; in ord er to apply for a special use you have to own the propert y. Ms. Stantal asked if Easter Seals would be able to sell the property to an agency for chemical depende ncy association or a work release program foundatio n. Mr. Proulx indicated chemical dependency or a work release program is not permitted in this zoning Plan Commission Minutes August 21, 2012 Page 5 of 10 district. Ms. Stantal asked if the use could be re named to domestic violence. Chairman Pro tem Renzi said possibly if they happen to be mentally disable d but this case is about either developmental or mentally disabled or more appropriately named cogni tively impaired and under the 1988 Fair Housing Act amendments as sited by staff specifically exclu des everything else. Chairman Pro tem Renzi swore in Ken Washington, res ident of Heritage Meadows Subdivision. Mr. Washington asked the number of wheelchair bound and blind residents; indicated there is no restroom in the basement; asked if elevators would be installed ; asked if there would be a financial study prepare d as to the value of surroundings properties; asked if i ncentives were given to bring the group home to thi s location; was concerned with fire safety; asked wha t fees were incurred and if Easter Seals pay taxes. Ms. Condotti indicated there are 4 blind residents, hea ring impaired residents, and 1 of the blind residen ts is in a wheelchair; the use of the lower level is only ut ilized by people who would be mobile. Mr. Proulx indicated the applicant paid their application fees and any building fees as any other resident or bus iness would be required to pay. Chairman Pro tem Renzi in dicated we are not planning to require any sort of study of values; indicated the stipulations that th is approval must comply with as being meeting the requirements of the Village Engineer and the Plainf ield Fire Protection District. Mr. Proulx stated h e did not know if Easter Seals was exempt from taxes. Chairman Pro tem Renzi swore in Krista Powley, resi dent of Heritage Meadows Subdivision. Ms. Powley indicated she has a disabled child and suppo rts the group home; did not feel this would affect property values any more than the people who moved in two months ago and haven’t cut their grass, or dead trees or broken down cars. Chairman Pro tem Renzi swore in Shelia Raddatz, res ident of Heritage Meadows Subdivision. Ms. Raddatz supports the group home; indicated the HOA has a website where you can sign up with your parcel number and also has an unofficial face book group page. Chairman Pro tem Renzi swore in Todd Funk, a reside nt of Plainfield. Mr. Funk stated he has cerebral palsy and grew up in and out of the Easter Seals co mmunity; indicated Easter Seals has some of the greatest staff you will ever meet. Mr. Funk stated Easter Seals does nothing but help people and want s to come into your community because they think it is a great place to live. Chairman Pro tem Renzi swore in Nick Nelson, attorn ey for the Homeowners Association (HOA). Mr. Nelson indicated Heritage Meadows was developed as a single family community; asked who would be accountable for the property for compliance to the rules and regulations of the community. Chairman P ro tem Renzi asked where notice of any violation would be sent. Mr. Nelson asked where Easter Seals would want notification sent. Ms. Condotti provided Mr. Nelson with her business card; indicated she would want notifications sent directly to her at Ea ster Seals; and indicated she would be happy to att end future HOA meetings provided Easter Seals is allowe d to move forward. Chairman Pro tem Renzi asked if Ms. Condotti would like a correct and current co py of the rules and regulations. Ms. Condotti stat ed she would like to have the correct information. Chairman Pro tem Renzi swore in Chuck Corkery, resi dent of Heritage Meadows Subdivision. Mr. Corkery indicated he was the former president of th e HOA; was diagnosed with early stages of MS 2 years ago; felt he was pushed out of his position d ue to his health issues; commended Ms. Condotti for the way this project has been presented and also co mmended the Village and the Commissioners for the job they have done. Mr. Corkery indicated some of the residents are older now and Hospice has come in to take care of these people; indicated he has not seen any change to the property values due to this care Plan Commission Minutes August 21, 2012 Page 6 of 10 of people; stated there were 8 units completely emp ty in his area as of 2 weeks ago; and felt the empt y units affect the property value more than a group h ome would affect property values. Chairman Pro tem Renzi swore in Amanda Czerwinski, resident of Heritage Meadows Subdivision. Ms. Czerwinski asked if a registered nurse would be on staff to administer medication; said the basement o f this home had been flooded; asked for clarification of the type of residents of this group home; time frame for these residents to reside at this location; ask ed if the residents have psychiatric problems. Ms. Czerwinski is concerned there will be six men over the age of 34 and under 57 living next to a home th at has 3 children under the age of 5 with a pool with an open deck without a fence and a boxer in the bac k yard and asked if this is safe for both parties. Ms. Condotti stated in the community residential ho mes in the state of Illinois the Nurse Practitioner Act was modified to allow for certified caregiver staff to administer medication under a regulated program ; further explained the procedure for the certified c aregiver training; explained cognitive delay is an IQ below what would be normal; explained there is a po tential for people to move out of the homes, some come to the point where they move to a skilled nurs ing facility, some people decease, some guardians/parents decide they want another choice. Ms. Condotti stated a psychiatric problem isn’t a primary disability, some adults have behavioral pro grams. Ms. Condotti asked if Ms. Czerwinski would feel better if a fence was installed. Commissioner Seggebruch asked Ms. Czerwinski why th ere she has a pool without a fence. Ms. Czerwinski indicated she has a fence around the poo l but not the yard. Chairman Pro tem Renzi described how blind individuals move around; stated in case Ms. Czerwinski feels so endangered that sh e may elect to fence her yard. Chairman Pro tem Renzi swore in Kevin McLaren, resi dent of Heritage Meadows Subdivision. Mr. McLaren questioned the staff report, asked whether staff did their due diligence or if they pencil whi pped the report based on the number of foreclosed or vac ant houses currently in Plainfield; was concerned t hat Easter Seals did not purchase this house with the s ame commitment to the value of the property as the residents of the other homes in the subdivision. Chairman Pro tem Renzi swore in Tiffany Sperling, r esident of Heritage Meadows Subdivision. Ms. Sperling is concerned that due diligence was not do ne; stated there was work done before building permits were put up; concerned with the safety in t he home; concerned with the children’s bus stop located at the corner of Apple Tree Lane and Herita ge Meadows Drive and the proposed additional traffi c for these residents. Commissioner Seggebruch stated it sounds like the o riginal home owner may have decided to finish the basement without a permit, while this will be remod eled under a permit and will be inspected by both t he local and state fire marshal. Commissioner Seggebr uch indicated Easter Seals is required to install a residential sprinkler system and a fire alarm syste m that is monitored by the fire department which mo st single family homes do not have; both of the main f loor bathrooms may require some remodeling for handicapped or disability renovations to accommodat e the residents; indicated the use of the two rooms in the basement will be looked at very closely for an escape window in each bedroom at the very least and the state may look to see if a second exit is neede d; group homes are held to a higher standard with m ore safety features that a single family home. Ms. Spe rling said Easter Seals needs to follow the rules. Chairman Pro tem Renzi indicated the purchaser did not buy the house from the previous resident but di d purchase the home from the bank which means the dis closures were based on the bank who never Plan Commission Minutes August 21, 2012 Page 7 of 10 occupied the premises not the former occupant; and said the work that is being done now is under a permit and is being inspected. Ms. Condotti indicated the Easter Seal drivers driv e in residential areas and have more stringent requirements than regular neighbors with DMV checks , safety training for driving is required, and driv ing records are monitored. Chairman Pro tem Renzi swore in Melissa Weppner, re sident of Heritage Meadows Subdivision. Ms. Weppner asked about liability insurance for the ind ividuals residing at this address and medical care coverage. Ms. Condotti indicated Easter Seals has umbrella liability insurance and indicated the residents have their own health care insurance. Chairman Pro tem Renzi swore in Alfredo Fontanez, r esident of Heritage Meadows Subdivision. Mr. Fontanez wanted a guarantee that any people coming to this house are going to be just physically challenged and not mentally challenged. Ms. Condot ti said Easter Seals is not an organization that is serving psychiatric disabled people in their group homes; autism is a neurologically based disability; further indicating Easter Seals is not licensed to service mentally ill individuals with a psychiatric diagnosis. Ms. Condotti hopes the Easter Seal resid ents are safe as they are vulnerable, and they are not wandering around the streets. Ms. Condotti stated she would want to know if any of the neighbors felt something was wrong at a group home. Chairman Pro tem Renzi swore in Michelle Salinas, r esident of Heritage Meadows Subdivision. Ms. Salinas asked which floor the residents in the whee lchairs would be located; and questioned their safe ty in a disaster such as a tornado. Ms. Condotti indic ated any wheelchair user would be on the first floo r; indicated Easter Seals is required to have plans fo r evacuation and plans to shelter in the case of a tornado in a designated area. Ms. Condotti said residents in Crest Hill during the 1990 tornado were not affe cted but the building next door was leveled. Chairman Pro tem Renzi swore in Regina Fowler, resi dent of Heritage Meadows Subdivision. Ms. Fowler asked the location of the other group homes in Plainfield. Mr. Garrigan indicated one is near Indian Trail School and the other is run by Corners tone at the southwest corner of Dan O’Donnell and Renwick Road; offered to provide the addresses and indicated staff is not aware of any issues at eithe r group home. Chairman Pro tem Renzi asked for any other public c omments. The initial testimony was completed and Mr. Nelson was allowed a second opportunity to spea k. Mr. Nelson, previously sworn in, asked if the Easte r Seals was willing to agree to put a fence around this property. Ms. Condotti replied yes. Commissioner Kiefer indicated the presentation was very enlightening and appreciated the public questions. Chairman Pro tem Renzi concurred. Commissioner O’Rourke indicated he would like the f ence as a stipulation as well. Commissioners were in agreement. Chairman Pro tem Renzi asked if there was a need to add a stipulation of the certification process. M r. Proulx stated he would have no problem with that ad ditional stipulation. Commissioner Fulco thought th e Plan Commission Minutes August 21, 2012 Page 8 of 10 certification should be added as a stipulation. S ome commissioners felt the certification was part o f the approval process and did not need to be added as a stipulation. Chairman Pro tem Renzi closed the public comments p ortion of the meeting at 9:25 p.m. Commissioner O’Rourke stated typically he listens t o the comments and weighs these comments very highly, typically supporting the neighbors; however in this case the concern seems to be fear of the unknown and you have to go along with the Federal l aw, we have a duty to try and do what is right. Commissioner O’Rourke made a motion to recommend ap proval of the special use to operate a group home at 24212 W. Apple Tree Lane, subject to the tw o stipulations in the staff report and the third stipulation added by the Plan Commissioners: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements o the Plainfie ld Fire Protection District. 3. Installation of a fence surrounding the propert y. Commissioner Seggebruch seconded the motion. Vote by roll call: Kiefer, yes; Fulco, yes; Seggebruch, yes; O’Rourke, yes; Renzi, yes. Motion carried 5-0 . Commissioner O’Rourke stated this is just a recomme ndation and the City Council makes the final decision. Mr. Proulx stated the next Village Board of Trustees meeting is September 17 th . Case No. 1591-072712.AA 23310 W 135 th St (Osborne property) Mr. Garrigan stated this is a public hearing for an nexation being heard pursuant to public notice in accordance with state statute and all applicable or dinances. The applicant proposes to annex approximately a third of an acre located north of 1 35 th Street just west of Naperville Road which is contiguous to the Village to the east and south, th e property to the north and west is currently unincorporated. The subject site currently contain s a single-family home, garage and a non-conforming shed and greenhouse based on county zoning regulati ons. The applicant is seeking to annex the subject prope rty into the Village of Plainfield and be permitted to maintain the existing shed in the back-yard and gre enhouse. The applicant does not propose to hook up to public utilities. Commissioner O’Rourke asked if hooking up to the pu blic utilities would be required through the annexation. Mr. Garrigan indicated the other homes in this area are well and septic; there is a prece dent allowing properties to annex in without connecting to the public utilities. Mr. Garrigan indicated connection fees for both water and sewer would run approximately $7000. Chairman Pro tem Renzi asked if the properties at the northwest and southw est corners were connected to public utilities. Mr . Garrigan did not think those properties were connec ted. Chairman Pro tem Renzi asked if there would be an a nnexation agreement. Mr. Garrigan stated the Pla n Commission needs to consider if this as a logical e xtension of the Village’s boundaries. Chairman Pro tem Renzi asked about our policy on te mporary greenhouses. Mr. Garrigan did not think the village had prohibited greenhouses; the village allows sheds and temporary structures as long as t hey do not exceed the square footage. Plan Commission Minutes August 21, 2012 Page 9 of 10 Commissioner Seggebruch asked if we received a copy of the violation from Will County. Mr. Garrigan did not. Commissioner swore in Susan Osborne. Ms. Osborne e xplained all of Rillridge Subdivision and the property on the southwest corner of 135 th Street and Naperville Road is still well and septi c. Ms. Osborne described her property as the house, a 2-1/2 car garage with a work shop, a Suncast storage sh ed and the greenhouse. Ms. Osborne explained she was not aware a permit was needed when the storage shed was constructed; when she learned a permit was required she went to Will County to get it approve d. This request was denied and Will County also denied the green house and the storage facility attached to the side of the garage that houses the car top carr ier used for the transportation of their canoes. Commissioner O’Rourke asked how this came to the at tention to Will County and if they are planning to stay in the house. Ms. Osborne did not know; they have lived in the house since 2001 and do not plan on moving. Commissioner Seggebruch asked if the house and gara ge existed when the applicant purchased the property and the applicant just added the shed and green house. Ms. Osborne indicated the concrete pa d under the shed also existed when they purchased the property. Commissioner Kiefer asked if there were any logisti cal issues that needed to be addressed. Mr. Garrig an indicated there were not; the village attempted to annex the Rillridge subdivision back in 2003 but di d not proceed. Commissioner O’Rourke asked if when the village pre viously forced annexation if connection to village utilities was forced. Mr. Garrigan indicated the v illage has forced annexation but allowed them to ke ep their well and septic. Commissioner O’Rourke asked who inspects the wells. Mr. Garrigan indicated if a well failed, then the property would connect to the utilities. Commissioner O’Rourke asked a time frame should be added to the annexation agreement that they would be required to connect to village utilities. Mr. Garrigan indicated in the past the village wou ld give a grace period that they have so many years to conn ect or if utilities are not in the area then they w ould need to connect when the utilities became available , indicated this is something the Village Board wou ld determine. Commissioner Seggebruch expressed concern with the annexation and felt the applicant should work with the Village to try to become closer in compliance w ith Village’s codes; noted the garage is almost as big as the house in footprint; and questioned the numbe r of accessory structures allowed on a single lot. Mr. Garrigan indicated typically one accessory structur e is allowed under our current ordinance but this s hed probably would not be considered an accessory struc ture and the greenhouse would be considered a temporary structure. Commissioner Seggebruch said the survey clearly shows the shed in a setback. Ms. Osborne stated they had offered to make the pad larger and move the shed out of the setback but Wi ll County did not accept that either. Chairman Pro tem Renzi asked how long the greenhous e has been up. Ms. Osborne indicated less than a year. Commissioner Seggebruch asked if Ms. Osborne would be willing to take the greenhouse down for the winter. Ms. Osborne indicated it would be hard on the panels. Commissioner Seggebruch explained a temporary structure is generally up for six month s or less, once it is up more than six months it is no longer considered a temporary structure. Chairman Pro tem Renzi stated this is a “temporary structure with the intention that it will be permanent.” Plan Commission Minutes August 21, 2012 Page 10 of 10 Chairman Pro tem Renzi asked if there was an ordina nce issued regarding the attachment on the garage. Mr. Garrigan replied no. Chairman Pro tem Renzi as ked about the square footage of the garage. Ms. Osborne indicated the garage was built when the hou se was built. Mr. Garrigan believed the maximum square footage for accessory structures is 900 squa re feet. Commissioner Seggebruch indicated the survey shows the measurements as 40X24. Mr. Garrig an indicated it would exceed the maximum coverage and the applicant is asking in the annexat ion agreement that these structures be grandfathere d in. Chairman Pro tem Renzi indicated the Commission’s q uestion is this a logical extension of the village boundaries; and further stated for the record, the applicant has a shed on a setback, a temporary greenhouse that has permanency aspect, an attachmen t to a garage that the applicant is asking to be grandfathered in, and no tap on fees for public ser vices (water or sewer.) There were no public comments. Commissioner O’Rourke made a motion to recommend ap proval of the annexation of 23310 W. 135 th Street to be annexed into the Village of Plainfield . Commissioner Kiefer seconded the motion. Vote by r oll call: Seggebruch, no; Fulco, yes; Kiefer, yes; O’Rourke, yes; Renzi, yes. Motion carried 4-1. DISCUSSION Commissioner Kiefer asked if there was any feedback regarding the visioning for Route 59. Mr. Garrigan indicated there will be a website called Vision on Division probably by early September; and there wil l probably be a workshop in September. Adjourned at 10:00 p.m. Respectfully submitted by _________________________ Merrilee Trotz Recording Secretary