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HomeMy WebLinkAbout10/07/2015 P&Z Minutes 24-15MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -24-15 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: October 22, 2015 1400-1450 S. Busse Hard Surface Solutions, Inc. October 7, 2015 08-15-400-049-0000 Variation — Allow a fence to enclose less than 50% of the maximum fenceable area for a dog run. Thomas Fitzgerald Keith Youngquist Jeanne Keuter Sharon Otteman Norbert Mizwicki Joseph Donnelly, Chair Agostino Filippone - Associate William Beattie Consuelo Andrade, Deputy Director of Community Development Latika Bhide, Development Review Planner John Joestgen, Hard Surface Solutions Chairman Donnelly called the meeting to order at 7:30 p.m. Commissioner Fitzgerald made a motion to approve the minutes of the August 27"', 2015 meeting; Commissioner Younquist seconded the motion. The minutes were approved 6-0 with Commissioner Otteman abstaining. After continuing one (1) additional case, Chairman Donnelly introduced Case PZ -24-15 1400-1450 S. Busse Road and stated it was Planning and Zoning Commission Final. Ms. Bhide stated the Petitioner is looking to replace an existing tennis court with a dog run on the west end of the property; the east side of the tennis court will be a playground and sand lot. She explained the Variation is to allow a fence to enclose less than fifty percent (50%) of the maximum fenceable area for a dog run. She stated that the dog run would enclose approximately two thousand four hundred and seventy-five square feet (2,475 sq. ft) which iso .45% of the maximum fenceable area. Ms. Bhide pointed out that the impervious surface will be converted to turf and the play area will consist of mulch. Ms. Bhide summarized the variation standards as the following: Planning and Zoning Commission -October 22, 2015 PZ -24-15 Joseph Donnelly, Chair 2 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; Lack of desire to increase financial gain; and • Protection of the public welfare, other property and neighborhood character. Ms. Bhide stated that Staff finds the standards for a variation have been met and recommend approval of the following motion: "To Approve: A Variation to allow a fence to enclose 0.45% of the maximum fenceable area for a dog run; subject to compliance with the following condition: a) Compliance with all application Village Codes and requirements." Ms. Bhide confirmed that the Planning and Zoning Commission's decision is final for this case. Chairman Donnelly asked if there were any questions for staff, hearing none, he called the petitioner to the stand. Chairman Donnelly swore in John Joestgen from Hard Surface Solutions, located at 17950 W. Highway 173 Old Mill Creek, Illinois. Mr. Joestgen stated that the current tennis court has an eight foot (8') fence currently. He stated that the dog run would be an asset to the property and be desirable to the residents. He stated there is no financial gain to either side. Chairman Donnelly asked about the other two thirds of the tennis court. Mr. Joestgen stated that the other part of the tennis court will be converted into a volleyball court and playground. He displayed a conceptual picture showing the layout of the converted tennis court. Chairman Donnelly asked how tall the fence will be surrounding the dog run. Mr. Joestgen stated it is a standard four foot (4') chain link fence. He further stated that the changes will all be within the same footprint of the current tennis court. Commissioner Mizwicki asked why they are adding the dog park. Mr. Joestgen stated that the owners stated there was a need for a dog park because and would be valuable to the complex. Chairman Donnelly confirmed with staff that another complex recently came before the board requesting a similar variation. Hearing no further questions for the petitioner, Chairman Donnelly opened the case to the public. Hearing no comments from the public he closed the hearing and brought the discussion back to the board. Commissioner Fitzgerald asked for clarification regarding how the fenceable area was calculated. Planning and Zoning Commission -October 22, 2015 PZ -24-15 Joseph Donnelly, Chair 3 Ms. Bhide explained that the calculation. Commissioner Mizwicki asked how the dog waste would be controlled. Mr. Joestgen stated that he wasn't sure how the home owner's association regulates that maintenance. Commissioner Youngquist stated that he thinks the dog run is more for socializing and exercising dogs. Mr. Joestgen stated that the benches will be moved inside the dog run instead of being on the outside of the dog run so that the owners would stay inside the dog run with their animals. Commissioner Youngquist made a motion seconded by Commissioner Otteman to approve the following motion: "To Approve: A Variation to allow a fence to enclose 0.45% of the maximum fenceable area for a dog run; subject to compliance with the following condition: a) Compliance with all application Village Codes and requirements." UPON ROLL CALL: AYES: Filippone, Otteman, Fitzgerald, Youngquist, Keuter, Mizwicki, Donnelly NAYS: None The motion was approved 7-0 and was declared Planning and Zoning Commission final. The case was closed. After hearing two cases, Commissioner Otteman made a motion seconded by Commissioner Keuter and the meeting was adjourned at 8:15 pm. Jenna Moder Administrative Assistant, Community Development Planning and Zoning Commission -October 22, 2015 PZ -24-15 Joseph Donnelly, Chair