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HomeMy WebLinkAbout06/28/2007 P&Z minutes 19-07 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-19-07 Hearing Date: June 28, 2007 PROPERTY ADDRESS: 585 Slawin Court PETITIONER: First Industrial Realty Trust, Don Tadish PUBLICATION DATE: June 13,2007 PIN NUMBERS: 03-35-104-052-0000 & 03-35-104-054-0000 REQUEST: Variation - Side Yard Setback (locate parking 3' from lot line) 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: Don Tadish 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. After hearing one previous case, Chairman Rogers introduced Case PZ-19-07, a request for a sideyard setback Variation at 585 Slawin Court, at 7:54 p.m. Judy Connolly, Senior Planner, stated that the Subject Property consists of two lots of record and is located at the southeast edge of the Slawin Court cul-de-sac bulb, in the Kensington Business Center. The Subject Property contains a one-story office/warehouse masonry building with related improvements. The Subject Property is zoned 11 Limited Industrial and is bordered on all sides by the 11 District. Ms. Connolly said the Petitioner is in the process of securing a tenant for the Subject Property. The tenant is currently located at an adjacent property on Slawin Court, and would like to move to the Subject Property to accommodate their expanding business operations. However, for internal business requirements, the tenant requires more parking than is currently provided on-site. She stated that due to physical site constraints, the only viable location for the additional parking is along the west lot line of the Subject Property. The proposed parking stalls would encroach into the required 10-foot landscape setback and have a 3-foot setback. She said the Petitioner owns the abutting property, 580 Slawin Court, and proposes to extensively landscape the 13-feet between the two properties. The request requires Variation approval because the proposed parking will encroach into the required 10-foot landscaping setback. Ms. Connolly stated that the Subject Property does not comply with the Village's zoning regulations because it consists of two lots of record, and the existing building crosses the lot line. The lot is not a legal lot of record as defined by the Village Code, and will have to be consolidated to a one-lot subdivision in order to comply with Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-19-07 Page 2 Zoning Code regulations for building on a legal lot of record. The consolidation process would be done administratively and does not require further action by the Planning and Zoning Commission. She showed a table comparing the Petitioner's proposal to the 11 Limited Industrial District's bulk and parking requirements. The table illustrated that the Petitioner's request complies with lot coverage limitations and exceeds the Village's parking requirements. Ms. Connolly said the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. She summarized these findings: . 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. Connolly stated that the Petitioner researched alternative locations to locate the additional parking, but found that the detention pond, numerous easements, and the adjacent creek limited development options. Therefore, the proposed location was the 'default option' because the other areas ofthe Subject Property are unbuildable. Ms. Connolly said Staff contacted the proposed tenant and learned that they intend to use the building as a sales office and would have a significant number of international clients visit the facility. Consequently, they anticipate needing more parking than the minimum amount required per the Village Code. She stated that adequate parking in general has been an issue for a few other properties in the Kensington Business Center, and has led to limited redevelopment opportunities/prolonged vacancies. She said in this case, the amount of parking is not an issue since the site will be well below the Village's 75% lot coverage limitation. However, locating the parking in a required side yard requires code relief. Ms. Connolly stated that the Zoning Ordinance requires a 10-foot landscape setback along the parking lot perimeter to screen vehicles and to provide a buffer for the adjacent properties. In this case, the Petitioner owns both properties and proposes to add a variety of landscape material on the adjacent lot to screen the vehicles and provide a buffer. Also, the Subject Properties are located at the bulb of a cul-de-sac, which presents limited views for other properties, and the site is located in an industrial business park. Ms. Connolly said the proposed encroachment may not be perceived as meeting the definition of a hardship as defined by the Zoning Ordinance because the request is based on the tenant's internal requirements and could be interpreted as a convenience. However, the Kensington Business Center (KBC) was initially developed as an industrial-office park and the parking was designed for less intensive users. As the character and nature of the KBC changes to more of an office-only park, Staff anticipates future tenants will require additional parking. Ms. Connolly stated that the Engineering Division reviewed the request and found that the scope of improvements would require the Petitioner to improve the site as required by Sec. 15.501 of the Village's Development Code. Among these requirements is the need to provide storm water detention for the new impervious surface created, which is slightly more than 1,500 square feet. She said the Petitioner is aware of and has agreed to make these changes as required by code. Ms. Connolly stated that the proposal to construct parking stalls in a required side yard setback meets the Variation standards contained in Section 14.203.C.9 of the Zoning Ordinance because the detention pond, easements, and location of the existing building create physical limitations to expanding the parking lot. Based on this analysis, Staff recommends that the P&Z approve the following motion: Richard Rogers, Chairman Planning & Zoning Commission Meeting June 28, 2007 PZ-19-07 Page 3 "To approve a Variation permitting a 3-foot landscape setback along the west lot line as shown in the Petitioner's exhibit prepared by SGM Architects dated April 20, 2006, and landscaped as shown on the Petitioner's landscape plan prepared by Teska Associates date stamped May 21, 2007, for the property located at 585 Slawin Court, Case Number PZ-19-07." Ms. Connolly said the storm water detention and site consolidation will be addressed at time of Building permit. The Village Board's decision is final for this case because the setback is more than 25% of the Village Code requirement. Chairman Rogers asked if the Petitioner is proposing new parking. Ms. Connolly confirmed it would be a new parking area. Chairman Rogers swore in Don Tadish, property manager for 585 and 580 Slawin Court. Mr. Tadish stated they wish to expand the parking to accommodate Siemens Corporation business expansion. He said that there are limitations to the site and the required sideyard is the only buildable space on the lot. Chairman Rogers asked if Siemans will be occupying both spaces. Mr. Tadish said they will be moving into the larger, 585 Slawin Court building. Mr. Floros asked how many parking spaces this project IS creating. Mr. Taddish stated this will create approximately 34 new spaces. Chairman Rogers called for additional questions or comments. Hearing none, the Public Hearing was closed at 8:03 p.m. Mary McCabe made a motion to approve Case Number PZ-19-07 granting a sideyard setback Variation at 585 Slawin Court. Ronald Roberts seconded the motion. UPON ROLL CALL: AYES: Floros, Haaland, Roberts, McCabe, Rogers NAYS: None Motion was approved 5-0. After hearing seven 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 C:\Documents and Settings\kdewis\Local Settings\Temporary Internet Filcs\OLK6B\PZ-19.o1 S8S Slawip Court.doc