HomeMy WebLinkAbout06/28/2007 P&Z minutes 33-06
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-33-06
Hearing Date: June 28, 2007
PROPERTY ADDRESS:
1013 Cypress Drive
PETITIONER:
Cathleen Schiro
PIN NUMBERS:
08-14-128-008/08-14-128-007/08-14-128-019 / 08-14-128-020
REQUEST:
1) Village to vacate 20' pedestrian right-of-way;
2) Consolidate vacated land with the 4 adjacent lots
MEMBERS PRESENT:
Richard Rogers, Chairperson
Leo Floros
Marlys Haaland
Mary McCabe
Ronald Roberts
MEMBERS ABSENT:
Keith Youngquist
Joseph Donnelly
STAFF MEMBERS PRESENT:
Judith Connolly, AICP, Senior Planner
Ellen Divita, Deputy Director of Community Development
Jason Zawila, Long Range Planner
INTERESTED PARTIES:
Cathy Schiro, Wendy F ormanski
Chairman Richard Rogers called the meeting to order at 7:37 p.m. Marlys Haaland moved to approve the minutes
of the May 24, 2007 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0.
Chairman Rogers introduced Case PZ-33-06, a request for the Village to vacate a 20-foot pedestrian right-of-way
and consolidate the vacated land with the four adjacent properties at 1011 Cypress, 1013 Cypress, 1010 Lancaster,
and 1012 Lancaster, at 7:39 p.m.
Judy Connolly, Senior Planner, stated that the Subject Properties consist of four lots of record that are located
south of Golf Road, north of Ash Drive; two lots are located on Cypress Drive and two lots are located on
Lancaster Street. Each of the Subject Properties contains a single-family residence with related improvements.
The Subject Properties are zoned R1 Single-Family Residence and are bordered on all sides by the R1 District.
There is a 20-foot wide pedestrian right-of-way that was intended to be a walkway that is located between the
Subject Properties. It is currently grassed over and used and maintained only by the applicants.
Ms. Connolly said the Petitioner contacted the Village and requested the Village vacate the pedestrian right-of-
way/walkway. The area in question is located between four homes and the walkway was never installed. Per
Village policy, the Petitioner prepared a Plat of Vacation that vacates the right-of-way and gives each adjacent
property Yz of the right-of-way. In this case, there are four properties, so each of the properties would receive a
10-foot x 113-foot portion. She said a four-lot plat of resubdivision was prepared that consolidates the soon-to-be
vacated land with each of the Subject Properties. The Village Code requires the Planning & Zoning Commission
review the proposed plats and forward a recommendation to the Village Board for their consideration and final
action.
Ms. Connolly stated that the Subject Properties currently meet the Village's minimum lot size requirements.
However, the properties do not comply with the Village's minimum 120-foot lot depth requirement. She showed
Richard Rogers, Chairman
Planning & Zoning Commission Meeting June 28, 2007
PZ-33-06
Page 2
a table comparing the current lot size to the proposed lot size and shows that the lot size would continue to
comply with Village regulations, but the lot depth would remain unchanged.
Ms. Connolly stated that the proposed plats would: 1) vacate an undeveloped pedestrian right-of-way and equally
divide that land among the four adjacent property owners, and 2) consolidate the vacated pedestrian right-of-way
with the adjacent properties. Staff reviewed the plats and found that the plats were prepared in accordance with
the Village's Development Code requirements. Based on this, Staff recommends that the P&Z approve the
following motion:
"To approve a Plat of Vacation and a Plat of Resubdivision, titled Schiro's Resubdivision,
benefiting the properties located at 1011 Cypress Drive, 1013 Cypress Drive, 1010 Lancaster
Street, and 1012 Lancaster Street, Case Number PZ-33-06."
The Village Board's decision is final for this case.
Chairman Rogers asked the Commission if they had questions for Staff. There were no questions.
Chairman Rogers swore in Cathy Schiro of 1 0 13 Cypress Drive. Ms. Schiro stated that the Petitioners are
requesting approval of the Vacation and Resubdivision because the land in question has never been developed to
its original intent as a walkway, the neighbors currently maintain the parcel, and most importantly, the property
owners not owning the land limits improvements the homeowners can make to their property. As an example,
Ms. Schiro stated that when she applied for a concrete permit, she could not improve her lot as desired because
she didn't own the adjacent land, although she maintained it, and the proposed new concrete would exceed the
Village's lot coverage limit.
Chairman Rogers asked if the neighbors maintain this parcel; Ms. Schiro confirmed that they do maintain the
property. Mr. Rogers asked if one of the adjacent properties had a fence; Ms. Schiro stated that her property does
have a fence and they intend to keep the fence in place.
Chairman Rogers called for additional questions or comments. There were none and the Public Hearing was
closed at 7:43 p.m.
Ronald Roberts made a motion to approve Case Number PZ-33-06, a request for a Vacation and Resubdivision at
1013 Cypress Drive, as presented by Staff. Marlys Haaland seconded the motion.
Leo Floros asked if this type of Vacation/Resubdivision has been done in this area before. Ms. Connolly
confirmed this would be consistent with previous Village Board actions.
Mr. Roberts and Ms. Haaland both indicated they live in the area and agree this is an appropriate action.
UPON ROLL CALL:
A YES: Floros, Haaland, Roberts, McCabe, Rogers
NAYS: None
Motion was approved 5-0.
After hearing nine additional cases, Ronald Roberts made a motion to adjourn at 11 :04 p.m., seconded by Mary
McCabe. The motion was approved by a voice vote and the meeting was adjourned.
Stacey Dunn, Community Development
Administrative Assistant
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