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HomeMy Public PortalAbout2015-07-07 ZBA minutes Zoning Board of Appeals July 7, 2015 Chairman Sobkoviak called the Zoning Board of Appeals meeting to order at 7:00 p.m. and led the pledge to the flag. ROLL CALL Commissioners Seggebruch, Renzi, Kiefer, Heinen, Paris and Chairman Sobkoviak were present. Commissioner Green was absent. The Fire, Park, School, and Library Districts were absent. The Zoning Board of Appeals minutes dated April 21, 15 were accepted as amended. PUBLIC COMMENTS: There was no response. DEVELOPMENT REPORT Mr. Garrigan stated the Village Board approved the site plan review, certificate of appropriateness and a façade grant for the Trolley Barn; approved a certificate of appropriateness and façade grant for the Old Town Hall; and the annexation for the Frederick property. NEW BUSINESS Case No. 1687-050215.V 12465 S Falcon Drive – fence variance Mr. Proulx stated this is a public hearing for a variance for the fence; the appropriate notices have been published in accordance with state statute and local ordinance. The property is located at southeast corner of Bob White Lane and Falcon Drive and is adjacent to the berm of Wal-mart to the south. Mr. Proulx described the location of the proposed open type fence in the side yard and indicated some safety issues from the pedestrian cut through traffic to the Wal-mart property. Mr. Proulx reviewed the 4 findings of fact. With regard to a) Staff submits the proposed fencing would be consistent with the purpose and intent of the zoning code due to the unique configuration. With regard to b) and c) Staff submits this parcel is unique due to the dead end of Bob White Drive and the presence of the Wal-mart parcel to the south. With regard to d) Staff believes the variance will not have any negative impact to the character of the neighborhood. Staff is seeking a favorable recommendation. Chairman Sobkoviak swore in Timothy Bennett, owner of said property. Mr. Bennett explained people cut through his property, climb over the berm to Wal-mart; explained the need of the fence for the safety of his small child and the enjoyment of their yard. Mr. Bennett described they plan to construct a four foot high aluminum open style fence, the placement of said fence and the proposed access to the utilities. Chairman Sobkoviak asked for public comments. There was no response. Zoning Board of Appeals Minutes July 7, 2015 Page 2 of 3 Commissioner Renzi felt the uniqueness of this lot made it favorable for the variance; expressed concern that the type of fence should be added as a stipulation. Commissioner Seggebruch asked about the requirements under their Homeowners Association; described the history of the stub street and the Wal-mart site; agreed to the uniqueness of this lot. Commissioner Kiefer felt the stub street contributes to the uniqueness of this lot. Commissioner Heinen was in favor of the variance due to this being a dead end road and the type of fence proposed. Discussion was held that the variance runs with the land. Mr. Bennett stated the fence will be a 4 foot open fence. Commissioner Heinen made a motion to adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals recommend approval of a variance to permit a fence within the corner side yard for the property located at 12465 S Falcon Drive. Seconded by Commissioner Kiefer. Vote by roll call: Paris, yes; Seggebruch, yes; Renzi, yes; Kiefer, yes; Heinen, yes; Sobkoviak, yes. Motion carried 6-0. Case No. 1680-031815.V Presence Healing Arts Pavilion – sign variance Commissioner Heinen recused himself for this portion of the meeting. Mr. Proulx stated this is a public hearing for a variance; the appropriate notices have been published in accordance with state statute and local ordinance. The project is located on the east side of Route 59 and south of Dayfield Drive. The applicant is requesting a second monument sign less than 800 feet from the existing monument sign for directional purposes for the immediate care. Mr. Proulx described the adjacent land uses and reviewed the findings of fact. With regard to a) Staff believes the sign design is not detrimental to the character of the area and would not be detrimental to the quality of life of the local residents; with regard to b) Staff indicated there are two medical offices in close proximity and the fact that there is no direct vehicular access from Route 59 even though there is a Route 59 address; with regard to c) the second sign is not detrimental and will enhance the operation of the site; with regard to d) the sign is well designed and compatible with the adjacent uses. Staff is seeking a favorable recommendation. Chairman Sobkoviak swore in Rob Oldenburg and Darcy Lorenzen. Mr. Oldenburg explained they have frontage on two sides and would be permitted to have two monument signs; the variance is requested due to the distance between the two signs; the second sign is a directional sign for the services offered by the urgent care. Chairman Sobkoviak asked for public comments. Chairman Sobkoviak swore in Lynn Haun, resident. Ms. Haun expressed concern with the lighting and location of this sign. Mr. Oldenburg indicated the lights will be on a timer; the operational time has not yet been determined. Ms. Lorenzen indicated this sign will be a directional sign to guide patients to the closest access to the urgent care unit; the immediate care will be open until 9pm. Zoning Board of Appeals Minutes July 7, 2015 Page 3 of 3 Chairman Sobkoviak swore in Rita Bradley, resident. Ms. Bradley felt there was no need for additional signage; also concerned with the lighting of the sign; asked why their access was not on Route 59. Mr. Proulx indicated IDOT restricted access from Route 59 so the access to both Presence and Edward was through Dayfield Drive. There were no other public comments. Chairman Sobkoviak asked the relative distance from the proposed sign to the nearest residence. Mr. Proulx indicated approximately 300 feet west of the drive. Commissioner Seggebruch asked if Edward has a second monument sign. Mr. Proulx indicated yes they have a smaller sign. Mr. Oldenburg described the proposed signage for the building. Commissioner Renzi agreed with Staff on the variance. Chairman Sobkoviak felt the distance of 100 yards was a good distance from the residences. Commissioner Kiefer mentioned the landscaping will mature and the sign will not be as easily viewed from the residences. Commissioner Renzi made a motion to adopt the findings of fact of staff as the findings of fact of the Zoning Board of Appeals and recommend approval of a variance to permit a second ground monument sign within less than 800 linear feet for the property located at 16615 S Route 59. Commissioner Paris seconded the motion. Vote by roll call: Kiefer, yes; Seggebruch, yes; Paris, yes; Renzi, yes; Sobkoviak, yes. Motion carried 5-0. Meeting Adjourned at 7:45 p.m. Respectfully submitted by _________________________ Merrilee Trotz Recording Secretary