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HomeMy WebLinkAbout03/27/2003 P&Z minutes 48-02MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-48-02 PETITIONER: PROPERTY ADDRESS: PROPERTY OWNER: PARCEL #: PUBLICATION DATE: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: March 27, 2003 Frank Chilelli 3 Watercrest Ct. South Barrington, IL 60010 1850 W. Golf Rd. Frank Chilelli 08-15-200-014 March 12, 2003 Rezone & Resubdivide Property into 3 lots and Development Code Exception Arlene Juracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Matthe;v Sledz Keith Youngquist Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development John & Jeanette Blunda Adele Bryczek Frank Chilelli Anthony LoBosco Sandy Martin Carol & Michael Wilcox Ray & Camille Swidron Chairperson Arlene Juracek called the meeting to order at 7:31 p.m. Richard Rogers made a motion to approve the minutes of the February 27 meeting, seconded by Merrill Cotten. The February meeting minutes were approved 6-0. At 7:33, Ms. Juracek introduced Case No. PZ-48-02, a request to rezone and resubdivide a property into 3 lots in addition to seeking an exception to a Development Code requirement. She said that the request would be Village Board final. Judy Connolly, Senior Planner, explained that the subject property is located on the north side of Golf Road, east of Meier Road. She said that it contains a single-family residence with related improvements and is zoned RX Single Family Residence. The Subject Property is bordered by the RX district to the west and R1 Single Family Residence to the east and north. She noted that the Subject Property is one of the few remaining parcels on Golf Road with an RX zoning classification and that the petitioner proposes to rezone it from RX to RI. The RX district requires a minimum lot size of 17,500 s.£. ;vhile the R1 d/strict requires 8,125 s.f. She said that the petitioner would tike to demolish the existing residence and subdivide the property to create a 3-lot subdivision. However, two of the proposed lots would exceed the depth-to-width ratio listed in the Development Code because of the manner in which the surrounding lots were developed, the subject property's large lot size, and the petitioner seeking to meet v/llage codes regulations. Ms. Connolly explained that the petitioner could have subdivided the subject property to create more than the proposed 3 lots and still meet minimum lot size regulations, but this would have created an irregular design of access to some of the lots and required traveling across another property. She said that the petitioner simplified the design and created larger lots to ensure safe ingress and egress to and from the proposed lots. Two of the homes would front on Golf Road and would share a 20' wide curb-cut per Illinois Department of Transportation requirements. She noted that the Planning & Zoning Commission PZ-48-02 Arlene Juracek, Chairperson Page 2 design has not been finalized, but a 10' wide driveway on each lot would meet Village requirements. She said that the third lot would front onto and have access from Deborah Lane. Ms. Connolly said the Village's Comprehensive Plan and Land Use Map designates the subject property as single family residence. The petitioner's proposed Map Amendment and Resubdivision requests are in keeping ~vith the Village's designation. Other departments reviewed the case and the Fire Department noted that the proposed homes and sites would have to be constructed according to Village regulations. In addition, the Engineering Division had no objections to the rezoning and Development Code exception. They found that the plat was prepared in accordance with Village Codes. Ms. Connolly explained that in order to approve the project, the request must meet the standards for a Map Amendment listed in the Zoning Ordinance. She summarized the standards and said that the proposal meets the standards for a Map Amendment because it is compatible with existing prOperties within the general area of the subject property. The proposal is consistent with the general development trend and meets the Village's Comprehensive Plan requirements. Although the proposed lot sizes are larger than the adjacent properties, the lot depth will provide a buffer from Golf Road, which is a highly traveled major arterial road. Ms. Connolly reviewed the plat of resubdivision and said that the petitioner seeks to create 3 lots of record by subdividing the subject property. She said that the plat was prepared in accordance with the Development Code requirements, but the petitioner is seeking relief from the Development Code regulations for the lot depth-to-width ratio. The Development Code permits exceptions to Development Code regulations in cases of hardship, "caused by conditions uniquely attributable to the land under consideration, would be imposed upon an applicant by compliance with these regulations and upon a finding that there are alternate feasible means of fulfilling the purpose and spirit of the regulations to protect the public health, safety and welfare...". She said that the request must meet the standards for an exception listed in the Development Code. Ms. Connolly summarized the standards and said that the subject property measures more than one acre in size and exceeds the minimum requirements of the RX zoning district. She said that the petitioner has designed the 3-lot subdivision in a manner that exceeds the 2-1/2 to 1 depth-to-width ratio required by the Development Code because of the manner in which the adjacent properties were subdivided, in addition to the Village's policy of requiring direct access onto each lot of record. She noted that the staff report has specific measurements and said that basically Lot I is 28' too deep, Lot 2 is 50' too deep, but Lot 3 which fronts onto Deborah Lane meets Code. Ms. Connolly said that the increased lot depth for the properties that front onto Golf Road is a unique circumstance generally not applicable to most properties in the Village. She said that Golf Road is a major arterial road with a high traffic volume and that the increased lot depth will allow the petitioner to construct the proposed homes further a~vay from the road, which will help to buffer the vehicle noise. She said that the proposed lot depths would not have a detrimental impact on the public health, safety or general welfare. The increased lot depth would not adversely affect the character of the surrounding neighborhood, or utility provision and it ~vould be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. Based on these findings, staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Map Amendment, Plat of Resubdivision, and Development Code exception for the property located at 1850 W. Golf Road, Case No. PZ-48-02. The Village Board's decision is final for this case. Frank Chilelli, 3 Watercrest Ct., South Barrington, was sworn in and testified that he was in agreement with the case presentation provided by Ms. Connolly. He briefly described the homes he planned to construct. Ms. Juracek inquired about his construction experience. He replied that he studied architecture and designed and built his home and business but this would be his first subdivision. He said he is not a builder and that he is in the grocery business. He said he has owned the property for a year and is considering building the home on Deborah Lane for himself. Planning & Zoning Commission PZ-48-02 Arlene Juracek, Chairperson Page 3 Ms. Juracek pointed out this was a straightforward request for a subdivision with no requests for variations for setbacks, etc. Ms. Juracek asked if anyone in the audience had questions. Ray Swidron, 808 Kennicott, came forward and was sworn in. He stated he has lived in his home, which abuts the northeast corner of the subject property, for five years. He said that he is concerned about water runoff. He presented pictures that showed pooling in the yard and said his backyard is unusable during rainy periods. He said that he installed drain tiles for this problem, but that hasn't resolved the issue. He said that another 50% of housing added to the area would exacerbate the problem. Ms. Juracek asked Mr. Chilelli if the subject property was on septic and whether he planned to connect the new houses to the sewer system. He confirmed that the property is currently on a septic system and said the new homes would be connected to the sewer system. Ms. Juracek asked if that would lessen the water drainage problem. Ms. Connolly clarified that the Development Code does not allow new developments to create additional run-off or flooding issues for adjacent properties. She noted that the adjacent properties would not receive additional water as a result of the new development. Ms. Connolly said she had referred Mr. Swidron to the project engineer before the start of the meeting and encouraged him to contact him about the matter. Mr. Cotten said the driveways and roofs would accelerate the water runoff. Mr. Cotten suggested imposing a condition to improve the runoff situation. Jeanette Blunda, 804 S. Kennicott, was sworn in and said that she and her husband were original owners on Kennicott and can attest to the water problem. She said that they were told originally that a swale would be installed on her property, but that was never done. All the neighbors attempted to alleviate the situation by installing drain tiles. She said that she was concerned that the experienced builder who constructed their homes was unable to deal with the water problem and that the proposed construction would be done by an inexperienced builder. Sandy Martin, 811 S. Deborah Lane, was sworn in. She wanted an explanation of the proposed access to the Deborah Lane home. Mr. Chilelli illustrated the location of the proposed driveway to the side-loading garage using the slide of the site. Ms. Blunda reiterated her concern that a well-qualified builder be contracted for this project. Ms. Juracek informed neighbors that this hearing was for the rezoning and resubdividing of the property and actual construction would need to be permitted, inspected, and meet the Village Codes. Carol Wilcox, 808 Deborah, was sworn in and said they were never given a plan to see what would be built. She asked when they would see plans. Ms. Connolly explained that several of the neighbors did come to the Planning office before the P&Z meeting and reviewed the file. Staff provided these neighbors with multiple copies of the application and plans. Ms. Connolly provided Ms. Wilcox with a copy of the staff memo and plans. Ms. Juracek closed the public hearing at 8:12. Merrill Cotten asked Ms. Connolly when the original subdivision had been built. Ms. Connolly said it had been subdivided and built in two phases, beginning in the 1960s through the 1980s. Matt Sledz noted that several valid concerns had been raised and said conditions should be imposed to ensure that the drainage problems be addressed. He also said setbacks should be included in the vote to ensure the houses are set far from Golf Road. lanning & Zoning Commission PZ-48-02 Arlene Juracek, Chairperson Page 4 Matt Sledz moved to amend the Map Amendment approval to include the conditions that 1) Village Engineering Staff inspect the site and work with the petitioner to help improve the area's existing drainage problems, and 2) establish a setback o£at least 50' for the two proposed lots that front onto Golf Road for the property at 1850 W. Golf Road, Case No. PZ-48-02. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Sledz and Juracek NAYS: None Motion was approved 6-0. Richard Rogers moved to approve the Map Amendment approval as amended. Merrill Cotten seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Sledz and Juracek NAYS: None Motion was approved 6-0. Richard Rogers moved to recommend that the Village Board approve the request for a Development Code exception for the property at 1850 W. Golf Road, Case No. PZ-48-02. Matt Sledz seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Sledz and Juracek NAYS: None Motion was approved 6-0. Richard Rogers moved to recommend that the Village Board approve the Plat of Resubdivision to create 3-Iots of record, for the property at 1850 W. Central Road, Case No. PZ-48-02. Matt Sledz seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Sledz, and Juracek NAYS: None Motion was approved 6-0. Ms. Juracek confirmed that this case would go before the Village Board on Wednesday, April 15. At 9:12 p.m, Leo Floros made motion to adjourn, seconded by Joe Dormelly. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Senior Planner H:\GEN~LANNING\Planning & Zoning COMBA~P&Z 2003\Minutes\PZ-48-02 1850 W. G~lfRd .doc