HomeMy Public PortalAbout2007-07-17 ZBA MinutesVillage of Plainfield Zoning Board of Appeals Record of Minutes Date: July 17, 2007 Location: Village Hall Chairman Sobkoviak called the Zoning Board of Appeals meeting to order at 7:04 pm. ROLL CALL: Present: Commissioners Kachel, McKay, Renzi , Murawski, Bonuchi and Chairman Sobk oviak, Park District, and Fire District . Ex Officio Commissioners Cox and Sanders were also present. Absent: Commissioner O’Rourke, Library District, and Police Department Also Present: Michael Garrigan – Village Plann er Village of Plainfield, Jonathan Proulx - Planner II Village of Plainfield, Michael Schwarz – Planner II Village of Plainfield, Sara Leach - Planner I Village of Plainfield, and Carol Millan – Secretary Village of Plainfield MINUTES: The June 5, 2007 m inutes were approved as presented. NEW BUSINESS CASE: 1334 -061507.V BINNY’S BEVERAGE DEPOT Request: Parking Variance Location: 12307 S. Route 59 Applicant: Gold Standard Enterprises, Inc. d/b/a Binny’s Beverage Depot Represented by: Stephen E. Ry d & John Philipchuck TIME: 7:05 p.m. Michael Schwarz presented the staff report. He stated this was a public hearing and the applicant has made notices to the adjoining owners in accordance with Village procedure and State Statute. The applicant is r equesting a variance to reduce the off -street parking requirements. He had handed out a corrected copy of the staff report. The applicant is requesting to reduce the parking requirement from 98 to 47 parking spaces on the subject property, which includes 37 on -site spaces and 10 off -site spaces located on an easement to the south of the subject property. The site is approximately 1.29 acres and
Village of Plainfield Zoning Board of Appeals Minutes July 17, 2007 Page 2 of 4 was platted as Lots 2, 3, & 4 in Wolf Creek Industrial Park Unit 2. Presently there is a one story, 19,534 s q. ft. brick and block commercial building that was formerly occupied by Divincen’s Home Furnishings. The Village of Plainfield parking standard for a liquor store is 1 parking space per 200 sq. ft. of gross floor area. That would equate to 98 spaces f or the subject building. The property only contains 37 spaces on -site (28 in front and 9 in back). To provide additional customer parking and to lessen the amount of variance being requested, the applicant has negotiated an easement agreement with the pr operty owner to the South (Car Care Collision Centers) for the perpetual right to use an additional 10 parking spaces. The Zoning Ordinance was updated in 2006 and the parking standard for a liquor store is the same as for a grocery store. The 10 off -s ite spaces will not have a negative impact on the adjacent property. They will continue to comply with their required parking as they were developed with a surplus of parking spaces. Michael Schwarz went through staff’s findings of fact. He stated 4 of the 4 findings were favorable to the applicant’s variance request. Staff recommended approval of the parking variance. Chairman Sobkoviak swore in the petitioner. John Philipchuck is the attorney representing Gold Standard Enterprises, Inc. d/b/a Binny’s Beverage Depot. He stated staff did an excellent job in pulling together the issues that the petitioner faces. He stated that a previous furniture store didn’t need as much parking. He stated a new zoning ordinance has been adopted by the Village sinc e this furniture store was built, and parking standards were increased. It has been Binny’s experience that the parking that is available is appropriate for their use. He stated under the criteria for the first finding of fact is that you enhance vehicle and pedestrian safety and you provide an appropriate amount of parking. The applicant will be providing a sidewalk to the off -site parking which provides a safe pedestrian access across the green space to those additional 10 spaces. He asked what uses c ould be put in this building with the amount of available parking spaces . He stated just about any retail business would require a parking variance for this particular site. He stated he feels this particular property does warrant a parking variance. Chairman Sobkoviak referred Mr. Philipchuck to the fiv e stipulations and asked if the applicant had any problems with the stipulations. Mr. Philipchuck answered they did not have a problem with the stipulations. Commissioner Murawski asked if there would be any signage in the parking area directing customers to the additional parking off -site . Mr. Philipchuck stated they could certainly look at that. Chairman Sobkoviak suggested possibly a small wall sign. Mr. Philipchuck stated that was a good suggest ion. Steve Ryd, General Corporate Counsel for Binny’s stated they do have a provision in the easement agreement that will allow them to place signage to indicate the off -site spaces are available for Binny’s customers. He stated they are willing to work with staff and stated they would like to have the least amount of signage to remedy the situation.
Village of Plainfield Zoning Board of Appeals Minutes July 17, 2007 Page 3 of 4 Commissioner Renzi asked about the number of Binny stores in existence and wondered why just a few of the locations parking amounts were selected. He won dered if the figures presented were more of a representation. Walter Fornek, President of Binny’s, stated they tried to pick the locations that are similar to the proposed Plainfield location. They have 18 stores, but those located within larger retail c omplexes were eliminated. Commissioner Sanders asked about seasonal demands on their parking facilities. Mr. Fornek stated most good retailers on certain days of the year have more of a parking demand. Commissioner Kachel asked staff if at a later dat e the petitioner did have parking problems, could a permeable parking lot be put in the green space. Mike Schwarz stated he would have to defer to the engineer, but he stated looking at the plans for the Divincen’s Furniture Store, the green space is actu ally their storm water management area. Chairman Sobkoviak asked if there was anyone in the audience that cared to ask a question or make a comment. There was no response from the audience. Commissioner Kachel asked if there was a parking problem in t he future, could there be an underground storm water storage vault like is used in other areas. Mike Schwarz stated he would assume that could be one option. He also stated it was his understanding that the rear parking lot would primarily be used for em ployee parking. Commissioner Renzi talked about the (c) finding of fact that staff found was favorable. He stated he didn’t believe it should be favorable. He felt it should be neutral. His concern was that in the absence of evidence of non -suitability to other tenants, that the Plan Commission should make those items neutral. He referred to the recent hearing regarding the Moose special use permit. If simply vacancy was used as a measure of favorability or unfavorability, that would have compel l ed a favorable finding for the Moose. Chairman Sobkoviak stated Commissioner Renzi made a good point. Chairman Sobkoviak polled the other commissioners if they were in favor of the neutral finding. The y agreed with Commissioner Renzi. John Philipchuck state d he had hoped he had given some additional evidence as to reasonable use and went on to say because of the fact this property was designed as a furniture store (with less required parking), and because the ordinance has changed, there are very few retail uses that could go into this building because of the amount of parking spaces that are on site. Chairman Sobkoviak stated the Commission is changing this to a neutral finding, which will not really affect the outcome of the Commission’s vote. At 7:35 p .m. Commissioner Renzi made a motion that the Plan Commission adopt staff’s findings of fact (as amended by the Plan Commission) and recommend approval of a variance from the Zoning Ordinance to reduce the off -street parking requirement from 98 to 47 parki ng spaces (37 on -site spaces; 10 of f -site spaces), a parking ratio of approximately one (1) parking space per 416 square feet of gross floor area, for the property located on the east side of Illinois Route 59, south of W. Andrew Road, commonly known as 12 307 Illinois Route 59, subject to the five stipulations set forth in the amended staff report as read into the record by Mike Schwarz.
Village of Plainfield Zoning Board of Appeals Minutes July 17, 2007 Page 4 of 4 1. An executed and recorded copy of the Easement Agreement for the perpetual use of ten (10) off -site parking spaces sha ll be placed on file with the Director of Community Development as outlined in the Zoning Ordinance, prior to the issuance of an occupancy permit. 2. A Site Plan and/or Construction Plan for the proposed sidewalk located on the subject property and off -sit e on the adjacent property shall be submitted for staff review and approval as part of a building permit application. 3. All reasonable measures shall be taken to manage parking operation, especially during peak days and times of the year, in order to less en the potential temporary impacts on adjacent property and Village streets. 4. The applicant shall submit a Landscape Plan for staff’s administrative review and approval to demonstrate that perimeter parking lot landscaping will be provided to bring the s ite into compliance with current Village requirements; said landscape improvements shall be installed within nine (9) months of approval to allow for the appropriate planting season. 5. The applicant or property owner shall file with the Village of Plainfi eld an application for a Final Plat of Subdivision to consolidate the subject property into a single lot of record, and said Final Plat of Subdivision shall reflect a cross -access easement over the existing drive aisle located in the front (west) parking l ot. Said application and plat shall be filed within 90 days of Village Board approval of the subject variance. Commissioner Kachel seconded the motion. Chairman Sobkoviak called for a vote by roll call. Aye: Kachel, McKay, Renzi, Murawski, Bonuchi, Cha irman Sobkoviak Nay: 0 The motion is carried 6:0 As there was no further business for the Zoning Board of Appeals Commission, Chairman Sobkoviak adjourned the meeting at 7:38 p.m. ________________________ Respectfully Submitted Carol Millan Plannin g Secretary – Village of Plainfield