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HomeMy WebLinkAbout08/28/2014 P&Z Minutes 27-14MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -27-14 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: Hearing Date: August 28`h, 2014 213 W. Prospect Avenue Joseph V. Trebat August 13`h, 2014 [IIi� [►•II [ f►•alxl QIIIIIII; Conditional Use approval to allow dwelling unit on the ground floor Agostino Filippone Thomas Fitzgerald Sharon Otteman William Beattie Keith Youngquist Jeanne Kueter Norbert Mizwicki Joseph Donnelly, Chairman None Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: Joseph V. Trebat Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Beattie made a motion, seconded by Commissioner Youngquist to approve the minutes of the July 20, 2014 Planning and Zoning Commission Meeting; the minutes were approved 6-0 with one Commissioner abstaining. Chairman Donnelly introduced Case PZ -27-14, 213 W. Prospect Avenue. Ms. Andrade stated the Petitioner for PZ -27-14 is seeking Conditional Use approval to allow a dwelling unit on the ground floor for the property located at 213 W. Prospect Avenue. Ms. Andrade further explained the Subject Property is located south of the railroad tracks on Prospect Avenue, and contains a three -flat residential apartment building. The Property is zoned B5 Central Commercial and is bordered by the B5 Central Commercial District to west and east, and the RA Single Family District to the south. Ms. Andrade stated that the three -flat residential apartment building dates back to the 1970s when the property was zoned low-density residential. The Subject Property was rezoned to B5 Central Commercial in the 1990s. She further explained, because the current zoning is B5 Central Commercial District, the existing residential land use on the ground floor is considered nonconforming. Dwelling units located on the ground floor in the B5 District require Conditional Use approval. The Petitioner is seeking Planning and Zoning Commission- August 28th, 2014 PZ -27-14 Joseph Donnelly, Chair Conditional Use approval to allow a dwelling unit located on the ground floor in order to refinance the subject property. Ms. Andrade stated that the Petitioner is not intending to make any changes to the site. Ms. Andrade summarized the standards for a Conditional Use as the following: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; Ms. Andrade stated per the Petitioner a request to refinance the property was turned down because the property is in a commercial district and requires Conditional Use approval for a residential dwelling unit to be located on the ground floor. The Petitioner further points out that the Subject Property has always been residential and has not had a negative impact on the surrounding properties. Ms. Andrade stated that Staff researched the building permit history of the Subject Property and found that it was developed in 1958 as a two -flat residential building. The two -flat was converted to a three -flat building in 1972. Ms. Andrade stated that Staff is supportive of the Conditional Use to allow a dwelling unit on the ground floor as the existing land use is not changing. The existing land use would remain as a three -flat, which is consistent with multi -family buildings located along Prospect Avenue. The Village has supported similar requests for projects on the periphery of the central downtown area. Examples of projects include the Prospect Avenue Townhomes (PZ -38-07), Miller's Crossing Townhomes (ZBA-18-99), and most recently for the 122 S. Wille Street residence (PZ -04-14). Ms. Andrade stated that Staff recommends the Planning and Zoning Commission recommends approval for the following motion: "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of: A Conditional Use to allow a dwelling unit located on the ground floor at the property located at 213 W. Prospect Avenue." Ms. Andrade stated the Village Board's decision is final for this case. Chairman Donnelly asked if the board had any questions for Staff. Hearing none, he called the Petitioner to the stand. Chairman Donnelly swore in Joseph Trebat Jr. 213 W. Prospect Avenue. Mr. Trebat stated that he is simply trying to refinance the property at 213 W. Prospect Avenue. He further explained because of the current zoning district the Subject Property couldn't be rebuilt if something catastrophic were to occur. Chairman Donnelly asked the board if there were any questions for the Petitioner, hearing none, he opened the case to the public. Hearing none, he closed the public portion of the meeting and brought the Planning and Zoning Commission- August 28th, 2014 PZ -27-14 Joseph Donnelly, Chair discussion back to the board. Hearing no further discussion Commissioner Beattie, seconded by Commissioner Youngquist made the following motion: "To approve a Conditional Use to allow a dwelling unit located on the ground floor at the property located at 213 W. Prospect Avenue." UPON ROLL CALL: AYES: Otteman, Fitzgerald, Beattie, Youngquist, Kueter, Mizwicki, Donnelly NAYS: None The motion was approved 7-0. The Village Board's decision is final for this case. After hearing three (3) additional cases Commissioner Otteman made a motion seconded by Commissioner Beattie and the meeting was adjourned at 10:20 pm. ," iej4a Moder, Admi 4 Mrative Assistant Othmunity Development Department Planning and Zoning Commission- August 28t", 2014 PZ -27-14 Joseph Donnelly, Chair