HomeMy Public PortalAbout2013-03-19 ZBA minutes VILLAGE OF PLAINFIELD ZONING BOARD OF APPEALS RECORD OF MINUTES DATE: March 19, 2013 Chairman Sobkoviak called the Zoning Board of Appea ls meeting to order at 7:00 p.m. ROLL CALL: Commissioners Seggebruch, Kiefer, Heinen, and Chair man Sobkoviak were present. Fire District was present. Commissioner O’Rourke, Renzi and Fulco were absent; Park, School and Library Districts were absent. Also present were Jonathon Proulx, Planner II, and Merrilee Trotz, Recording Secretary Approval of Minutes: The ZBA minutes from July 17 , 2012 was accepted as presented. PUBLIC COMMENTS: Chairman Sobkoviak asked for publ ic comments on items that were not on the agenda. There was no response. DEVELOPMENT REPORT The development report will be presented under the Plan Commission meeting. OLD BUSINESS: None NEW BUSINESS: Case No. 1610-021313.V Physicians Immediate Ca re Mr. Proulx stated this is a public hearing for a va riance being heard pursuant to public notice being published and posted in accordance with state statu te and all applicable village ordinances. The appl icant is seeking a variance for a permanent wall sign to be placed on the rear (east) elevation facing the M eijer parking lot. The zoning code allows wall signage o n buildings facing public or private streets; restr icting signage along access drives. Mr. Proulx described the adjacent properties uses and reviewed the find ings of fact. With regard to a) Staff submits that the requested variance, if approved, would result in signage that is contrary to the purpose and intent of the zoning co de and the applicant did not support supporting information or a justification for the variance req uest; b) Staff finds that there are no unique circumstances that would justify special treatment from the zoning code, nor has it been demonstrated that practical difficulties or exceptional hardships wou ld result from strict application of the code; c) S taff suggests that if this requested signage was absolut ely necessary, it would have been requested as part of the initial entitlement application. Separately, st aff notes that there are a number of businesses tha t are operating in compliance with the zoning code, witho ut additional signage on the rear elevations; d) St aff does acknowledge that the zoning code does allow fo r rear wall signage for businesses with public 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 March 19, 2013 Page 2 of 3 entrances on the rear elevation, however this busin ess does not have a public entrance on the rear of the building. Based on the foregoing and prior to any additional comments Staff recommends denial of this variance. Chairman Sobkoviak swore in Padraic O’Neil, directo r of Physicians Immediate Care. Mr. O’Neil indicated he understands the zoning code; feels mul tiple signs are not visible from the same angle; fe els a need for the rear signage to distinguish this medic al facility from any of the other businesses along the access drive and now there is a secondary medical f acility under construction immediately to the north ; feels this request is similar to other businesses i n the area that have signage on 2 or 3 sides of the ir buildings; expressed their desire to make it easier for their patients to locate their medical facilit y. Commissioner Seggebruch asked if there was a separa te medical space at the rear of the building and to the south. Mr. O’Neil indicated yes and the tenant in that space had only door and window signage. Commissioner Kiefer asked if the access drive could be treated as a private road with the stop signs. Mr. Proulx indicated it could be treated as more of a t horoughfare that other access roads. Commissioner Seggebruch asked if the access roads f rom Route 59 were considered private streets and what constituted a private street; asked if this wa s a variance for the size of the sign or for the lo cation of the sign. Mr. Proulx described some of the other b usinesses that have received a variance; indicated this was a variance for the location of the sign not the size. Commissioner Heinen stated he was not voting but wa s abstaining from this case. Commissioner Heinen described the signs on the Quick Lane building and the Chase bank; agrees that shoppers at Meijer wil l become clients/patients of Physicians Immediate Car e and unless the clients know which drive to enter they would not which building was the medical build ing. Commissioner Heinen reviewed the findings of fact and felt the findings of fact could be met as other building in similar circumstances have the additional signage; feels the unique circumstances would be trying to attract the Meijer clients to th eir business; as a Commissioner and resident of Plainfi eld we want people to shop within retail subdivisio n within Plainfield; does not feel this signage is ob trusive. Chairman Sobkoviak indicated they by law have to re view the findings of fact. Commissioner Kiefer was concerned with setting prec edents and asked the down side if all the stores were given variances for rear signage. Mr. Proulx stated the purpose is more of an aesthetic side; ag reed there are inconsistencies. Commissioner Seggebruch stated it would be differen t if it was a long strip and every tenant was allow ed to have a sign above their service door when it cle arly is not a public entrance; since they do have a nother entrance and it will be used as a public entrance g ives them the right to ask for additional signage. Commissioner Seggebruch made a motion to allow the request for a variance to permit a wall sign on the east elevation of the building at 13641 S. Route 59 . Commissioner Kiefer seconded the motion. Vote by roll call: Kiefer, yes; Heinen, present; S eggebruch, yes; Sobkoviak, yes; Motion carried – 3-0 with 1 present and 3 Commissio ners absent.
Plan Commission Minutes March 19, 2013 Page 3 of 3 There was no further discussion. Adjourned at 7:35 p.m. Respectfully submitted by _________________________ Merrilee Trotz Recording Secretary