HomeMy WebLinkAbout11/11/1999 ZBA minutes 34-99 MINUTES OF THE REGULAR MEETING OF THE
MOUNT PROSPECT ZONING BOARD OF APPEALS
ZBA CASE NO. ZBA-34-99 Hearing Date: November 11, 1999
PETITIONER: Village of Mount Prospect
100 S. Emerson St.
Mount Prospect, IL 60056
PUBLICATION DATE: October 27, 1999 DAILY HERALD
REQUEST: Text Amendment to Sections 14.306, 14.1802, 14.1803, and 14.2401
of the Village Code
MEMBERS PRESENT: Arlene luracek, Chairperson
Leo Flores
Elizabeth Luxem
Richard Rogers
Keith Youngquist
MEMBERS ABSENT: Merrill Cotten
STAFF MEMBERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development
Jeffery Perkins, Planner
INTERESTED PARTIES: None
The meeting was called to order at 7:40 p.m. Minutes of the August 26~ and September 23rd meetings were
approved. Approval of the October 28~ meeting was postponed to the next meeting. Board members heard one
case before Chairperson Juracek introduced Case No. ZBA-34-99, a request for a Text Amendment to Sections
14.306, 14.1802, 14.1803, and 14.2401 of the Village Cede. Ms. Jumcek opened the public hearing and inquired if
notice of the case had been given.
Mr. Perkins stated that public notice for this case had been given in the form of a newspaper legal ad.
Mr. Perkins then introduced the staff memorandum for the item. He stated that proposed changes to the B4 district
Were initiated by the Village Manager's Office in response to concerns about the possible proliferation of used car
lots on small comer sites, particularly abandoned gas stations. He added that the change would make attach a
minimum lot area requirement to auto sales and would give the Village an oppommity to review conversions of gas
stations as Conditional Uses and require improvements to the appearance of those sites. He informed the Board
that the proposal would also make several other uses with significant potential for nuisance conditional uses in the
B4 district and that those uses are hotels and motels, drive through lanes, and boat, motorcycle, watercraft, or
snowraobile sales.
Mr. Perkins described proposed changes to Section 14.306.E 1 and 2 and to the Zoning Definitions stemming from
the recent construction of' a few open steps that were large but did not meet the Village,s porch definition. He
stated that the changes set a specific size limit, 5' by 5' for stoops and canopies over stoops. Anything over that
size would be considered a porch. He further stated that current code requirements specify a maximum width for
sidewalks in the front setback of 5 feet and that the change to paragraph four places the same requirement on steps
and handicap ramps.
Mr. Perkins sta~d that thc items added to Section 14.306.E 1 are related to problems with decorative fences in front
yards. He said that Staff has typically treated these as "landscape features," rather than structures, as they are not
usually permanently affixed to the ground. He briefly described some recent cases that have created conflicts
between neighbors, when residents have anchored this type of structure in concrete and/or creat~d ad-hoc fences in
oning Board of Appeals ZBA-34-99
Arlene Juraeek, Chairperson Page 2
their front yards. He stated that the proposed change would permit small sections of decorative fences in front
yards and that the change would place strict limits on these structures to insure a primarily decorative function.
Based on its review of the proposal with respect to the Zoning Code Text Amendment standards, Mr. Perkins gave
Staff's recommendation of approval of the proposed Text Amendments. He informed the ZBA that the Village
Board's decision is final for this item. He stated there was an error in the staff memo - that the last word in the
definition of stoop should be depth, not width and that change should be reflected in the motion.
Ms. Juracek said that, in looking at the zoning map, she noted small pockets of B4 zoned properties scattered
throughout the Village. She asked what uses would generally be found in a B4 zoned property. Mr. Perkins
answered that typical uses would be gas stations, convenience stores, restaurants with drive-through lanes, car
washes; he said the only sizeable B4 zoned property was the Big "K" property. Ms. Juracek asked if those
properties had originally been zoned B4 or had they been changed through the years. Mr. Perkins said they had
been initially assigned the B4 Zoning to accommodate existing uses,
Ms. Juracek explained that, in continuously reviewing the Code, it is necessary to correct typos and address various
concerns caused by changes in trends of construction. She said she views these as general "housekeeping" tasks,
with the exception of the change to the automobile sales area, which appears to be a result of the impact on gas
stations of removing underground hazardous tanks. Ms. Juraeek stated she agrees with the intent to put some
control on small used car lots, which seems to be the quickest and easiest use of many of these parcels of land.
Richard Rogers asked how this will affect the existing uses of auto resale lots on old gas station property. Jeff
Perkins said they would probably be grandfathered in as Conditional Uses and that Staff would ask the Village
Attorney for an opinion on their status.
Elizabeth Luxem inquired about a former Amoco station at Rte. 83 and Kensington, which had gone from a station
to a repair shop to a leasing facility. She asked if that had been approved as a Conditional Use.
Jeff Perkins said that site was one of the reasons for this proposed Amendment, and explained that site would be
improved in appearance. He said staff had received a site plan for improvements to add landscaping and striping,
and resurface the lot.
Arlene luracek said she had noticed several used car lots on Northwest Highway that would now become
Conditional Uses. She referred to the proposed Northwest Highway Corridor Plan and the proposed new
guidelines, saying it would improve the appearance and functionality of that area.
Chairperson J'uracek closed the public hearing at 8:10 p.m., making note that no audience members had come to
approach this .case.
Richard Rogers made a motion to approve the request for a Text Amendment to Sections 14.306, 14.1802, 14.1803,
and 14.2401 of the Village Code. Elizabeth Luxem seconded the motion.
UPON ROLL CALL: AYES: Floros, Luxem, Rogers, Youngquist, luracek
NAYS: None
Motion was approved 5-0.
At 8:14 p.m., Richard Rogers made motion to adjourn seconded by Elizabeth Luxem. Meeting was adjourned.
Barbara Swiatek, Planning Secretmy
Jeff Perkins, Planner
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