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HomeMy WebLinkAbout03/22/2007 P&Z minutes 30-06 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-30-06 Hearing Date: March 22,2007 PROPERTY ADDRESS: 333 W. Rand Rd. PETITIONER: The Autobarn PUBLICATION DATE: October 11, 2006 PIN NUMBERS: 03- 2 7 -300-029-0000 REQUEST: Variation (9-foot fence) MEMBERS PRESENT: Arlene Juracek, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Richard Rogers MEMBERS ABSENT: Mary Johnson Keith Youngquist ST AFF MEMBER PRESENT: Judith Connolly, Senior Planner INTERESTED PARTIES: Joe Moulton, R. Goodson, Don Burger, Mr. & Mrs. Marchiwak Chairperson Arlene Juracek called the meeting to order at 7:32 p.m. Joseph Donnelly made a motion to approve the minutes of the February 22, 2007 meeting and Richard Rogers seconded the motion. The minutes were approved 6-0. Richard Rogers made a motion to continue Case PZ-07-07 to the April 26, 2007 Planning and Zoning Commission Meeting. Marlys Haaland seconded the motion; the motion was approved 6-0. Chairperson Juracek introduced Case PZ-30-06, a request for a fence-height variation at 333 West Rand Road, at 7:35 p.m. She asked Staff for clarification on this request being Planning and Zoning Commission Final. Judy Connolly, Senior Planner, stated that the Subject Property is located on the southwest side of Rand Road, between Prospect Manor and Elmhurst Road, and contains a car dealership with related improvements. The Subject Property is zoned B4 Business Retail & Service and is bordered by the RX Single Family Residential district to the north, by the RI Single Family Residential district to the south and west, and by the B3 Community Shopping district to the east. Ms. Connolly said Staff has been working with the Autobarn and several of the adjacent residents to resolve concerns presented by both parties with respect to the Autobarn's operational requirements. A site inspection was conducted and Staff took several measurements to determine the height necessary to screen the adjacent properties from interior building lights. It was determined that a 9-foot tall fence would best minimize the impact of the adjacent car dealership. She stated that the maximum fence height permitted per the Zoning Ordinance is 6-feet; therefore, the Petitioner is seeking a Variation for a 9-foot wood fence, which is necessary to provide a buffer for the adjacent residential properties. Ms. Connolly showed an exhibit indicating the location of the proposed fence, which would be installed along the rear lot line. She said the fence would provide screening for the neighbors from the bays where cars are repaired, Arlene Juracek, Chairperson Planning & Zoning Commission Meeting March 22, 2007 PZ-30-06 Page 2 from the service drive, and the fence would minimize the impact of the lights. In addition, the fence is intended to minimize noise generated from the car dealership, but the car dealer management is also working with employees to minimize unnecessary noise such as horn honking. Ms. Connolly summarized the standards for a Variation as listed in Section 14.203.C.9 of the Village Zoning Ordinance. The standards include showing a hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; a lack of desire to increase financial gain; and to protect the public welfare, other property, and neighborhood character. Ms. Connolly stated that the Petitioner is seeking Variation approval to allow a 9-foot fence along a portion of the rear lot line. The taller fence is necessary to screen the Autobarn's operational impacts from the adjacent residential properties. A car dealership adjacent to residential is somewhat unique in Mount Prospect and therefore the request may not be applicable to other properties. She said the fence would not be visible from the street and it is being installed to protect other property and the neighborhood character. The neighbors have been involved with the proposal and support the request for a taller fence. Based on the above analysis, Staff recommends the Planning & Zoning Commission approve the following motion: "To grant a Variation for a 9-foot tall wood fence to be installed along the rear lot line as shown on the Petitioner's exhibit for the property located at 333 W. Rand Road, Case Number PZ-30-06." Ms. Connolly said the Planning & Zoning Commission's decision is final for this case. She stated the Village Zoning Ordinance specifically states that the Planning and Zoning Commission's decision is final for all fence variations. Joseph Donnelly asked why the four residential properties located nearest to the overhead lighting will not be screened with the proposed fence. Ms. Connolly stated that her understanding is that the Petitioner's primary reason for the screening fence was to help reduce noise from the service bay area and the lighting from the building is causing a nuisance. She said her understanding is that the nuisance is coming from the lights generating from the building, not the parking lot lights. Mr. Rogers suggested it is the fluorescent lighting generating from the service bays that are harsher than the parking lot lights. Chairperson Juracek said in a previous case, there was a board-on-board fence erected to separate a commercial property from residential, and that fence was required to be 8-feet off the lot line. She asked why this fence is allowed to be directly on the lot line. Ms. Connolly stated that the difference is the zoning district. Regulations specific to the II district in the previous case requires the fence to be setback where the B3 district of the Subject property does not require the setback. Chairperson Juracek asked if there are any other 9-foot fences in the Village. Ms. Connolly stated that to the best of her knowledge, there is not; however a similar fence is located in an adjacent community. Ms. Connolly explained that Community Development Director William Cooney and members of the Public Works Department went to the Subject Property with plastic screening and held it up at various heights to arrive at the 9-foot height for this project. Chairperson Juracek pointed out there is an 8-foot screen at Kensington Business Park and a 14- foot fence at Home Depot. Chairperson Juracek called for additional questions of Staff. There were none. Chairperson Juracek swore in Richard Goodson, 1250 Berkshire Lane, Grays lake, Illinois, representing the Autobarn. Chairperson Juracek asked Mr. Goodson how the 9-foot fence was determined to be the best height for Arlene Juracek, Chairperson Planning & Zoning Commission Meeting March 22, 2007 PZ-30-06 Page 3 the project. Mr. Goodson stated that other avenues for reducing the impact of the Autobarn business on the neighboring residential properties were looked at, but with the help of the Community Development Director inspecting the site, they concluded that the 9-foot fence would be ideal for screening the neighboring properties. Chairperson Juracek asked if the Autobarn would own and therefore maintain the fence. Mr. Goodson confirmed that that the Autobarn would own and maintain the fence. Mr. Rogers asked what the Autobarn's hours of operation are. Mr. Goodson stated the shop is open until 8pm on Tuesday, Wednesday and Thursday. He said the dealership is open until 9pm, but there is no mechanical work conducted after 8pm. He stated they are also open from 8am - 4pm on Saturday. The Autobarn is closed on Sundays. Chairperson Juracek asked if this was a cooperative design with the neighbors. Mr. Goodson said ideally, the Autobarn would have like to have done more, but it was not financially feasible. He stated it has been a frustrating process and the Village Staff did a great job mediating and helping them come to an agreement. Mr. Goodson said they understood the neighbors concern for quality of life, but the Autobarn also needs to be able to conduct business in a reasonable manner. He said the Autobarn has taken measures to reduce the noise of daily business including changing from a gas-powered to an electric-powered washer and asking vendors to reduce the amount of vehicular noise. He also stated that they will be able to reduce the amount of lights used to illuminate the interior of the building, which should aid in the light spillage to the neighborhood. Chairperson Juracek asked if the nature of the business has changed, leaning more toward the evening hours. Mr. Goodson said people want convenience and desire the later hours. He said clients have expressed interest in the shop being open even later. Mr. Rogers asked if the main concern is the light or the noise. Mr. Goodson stated that the noise was a concern to some neighbors and the light was of concern to others. He said some of the noise issue was from the exhaust fan. He stated that they have changed to a quieter motor and had a timer installed to ensure the fan would not run at night. Mr. Rogers asked if it would be possible to paint the top windows black, avoiding the cost of having the windows tinted. Mr. Goodson said that could be a possibility. He said there are 36 windows would need to be tinted or painted. He said the main concern was to make it look uniform and maintain the aesthetics of the building. Mr. Goodson stated an additional bonus with the 9-foot fence height is preventing theft. He said video surveillance showed thieves taking rims and hubcaps off cars and hoisting them over the fence to take them away. He stated that the increased fence height would help deter that activity. Mr. Rogers asked how long the business has been operating at that location. Mr. Goodson stated that the property has been an auto dealership since the 1950's and the Autobarn has doubled their volume in the past 48 months. Chairperson Juracek stated that some of the concern with a 9-foot fence is the structural integrity. Mr. Goodson stated that the current fence is fairly weak and the new fence will have 3" posts versus the 2" posts currently in place. He also said there is not a great deal of wind due to the mature trees in the neighborhood providing protection from the wind. Chairperson Juracek swore in Don Burger, resident at 408 Bob 0 Link, Mount Prospect, Illinois. Mr. Burger said there has been a long history with the Autobarn and noise/light issues in the neighborhood. He stated that the Cadillac dealership that was located at the property prior to the Autobarn had their service area located on the opposite side of the building, away from the residential property. He also stated the intensity of the use has changed from the previous dealership. Mr. Burger said the main concerns are the noise and lights. He stated that the ventilation system, the air tools, and vehicles honking are generating the noise. Also, the lights are on from dawn until 11 :00 pm. He stated that the neighbors have been arguing with the Autobarn for seven years. Arlene Juracek, Chairperson Planning & Zoning Commission Meeting March 22, 2007 PZ-30-06 Page 4 Mr. Burger asked if the good side of the fence would face the neighborhood or face the Autobarn. Chairperson Juracek stated that Code dictates that the good or finished side would face the neighborhood. Mr. Burger asked if the fence was going to be stained or left natural. Mr. Goodson stated the fence would be left natural. Mr. Burger stated that is not acceptable as the wood would become weathered. Mr. Burger stated the neighbors are not opposed to the 9-foot fence height, but he would like to see the fence stained or painted. He said the neighbors have been dealing with the noise and light issues for a number of years and he does not want the dealership to expand their hours. Chairperson Juracek confirmed that the neighbor's issues are the lights and noises from the vent fans, the air tools and car honking. She asked if the fence will resolve some of the light issues. Mr. Burger said the fence should help with the lights from the bays. Chairperson Juracek said she understands his concern with the fence to be how it will weather. Mr. Burger said this will help with some of the issues, but they have a long way to go. Mr. Rogers asked if blacking out the windows will help with the light issue. Mr. Burger stated that the neighbors would also like the higher fence to block as much of the view of the building as possible. He said they also hope it will aid in buffering some of the noise. Mr. Burger said the neighbors accept the fence, but this is not the end of the issue. He said it is a step in the right direction, but the issue is compounded because the Autobarn has their service bays at the rear of the building. Chairperson Juracek swore in Mr. Marchiwak, 424 Bob 0 Link, Mount Prospect, Illinois. Mr. Marchiwak stated he has lived in the neighborhood for one year. His biggest complaint is the noise from the Autobarn. The noise impacts their ability to rest. He feels the 9-foot fence is a good idea as it will prevent passage into the neighborhood and offer additional safety. He also feels the fence will help with the light and noise. Mr. Marchiwak asked where the fence is being measured from. Ms. Connolly said the fence will be 9-feet above the asphalt grade on the Autobarn side. Mr. Donnelly asked the measurement be taken from the top of the concrete curb. Ms. Connolly said the resolution will reflect that requirement if approved by the Commissioners. Mr. Goodson summarized the steps the Autobarn has taken to work with the neighbors. The Commission reiterated that the issue before them tonight is the height of the fence, but that they do appreciate the efforts the Autobarn is making in working with their neighbors. Chairperson Juracek asked if the Autobarn would be agreeable to having the fence stained. Mr. Goodson stated that without the owner present, he hesitates to commit to staining the fence. Ronald Roberts stated that staining the fence would reduce the maintenance cost of the fence. Mr. Rogers stated that he feels blacking out some of the windows would greatly reduce the light issue more than building the fence. Mr. Goodson stated that he can realistically commit to having the windows shaded. Chairperson Juracek called for additional comments. Hearing none, the public hearing was closed at 8:14 p.m. Marlys Haaland made a motion to approve Case Number PZ-30-06 for a Variation at 333 West Rand Road, as presented by Staff. Mr. Rogers amended the motion to include a condition of approval requiring the fence be stained. Leo Floros seconded the amended motion. Mr. Rogers stated that he does not see a 9-foot fence remedying the light problem. He stated he feels the simplest solution would be blacking out the windows, and he does not want to see a 9-foot fence in Mount Prospect. Mr. Roberts said he understands the neighbors' desire for a higher fence. He agrees with the fence blocking the view of the dealership from the neighborhood. Arlene Juracek, Chairperson Planning & Zoning Commission Meeting March 22, 2007 PZ-30-06 Page 5 UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Juracek NA YS: Rogers Motion was approved 5-1. Chairperson Juracek stated that she wants the Autobarn to continue the dialogue with the neighbors and to work on resolving the additional issues. After discussion of future Planning and Zoning Commission meetings, Joseph Donnelly made a motion to adjourn at 8:30 p.m., seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant C-\Documents and Sellmgs\kdewls\Local Settmgs\Temporary Internet Files\QLK6B\PZ-]O-06 33] W Rand Autobam doc