HomeMy WebLinkAbout04/28/2011 P&Z Minutes 09-11
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-09-11
Hearing Date: April 28, 2011
PROPERTY ADDRESS:
851, 852, 891, and 902 Feehanville Drive
PETITIONER
: Cummins-Allison Corporation
PUBLICATION DATE:
April 13, 2011
PIN NUMBERS:
Multiple
REQUEST:
Variation – Fence in Front Yard
MEMBERS PRESENT:
Richard Rogers, Chair
Joseph Donnelly
Leo Floros
Theo Foggy
Keith Youngquist
MEMBERS ABSENT:
William Beattie
Ronald Roberts
STAFF MEMBERS PRESENT:
Consuelo Andrade, Development Review Planner
Brian Simmons, Deputy Director of Community Development
INTERESTED PARTIES
: Tom Hefty, Martin Barrett
Chairman Rogers called the meeting to order at 7:30 p.m. The minutes of the March 24, 2011 Planning and
Zoning Commission meeting were approved 4-0 with Mr. Donnelly abstaining. After hearing four previous cases,
Chairman Rogers introduced Case PZ-09-11, 851, 852, 891 and 902 Feehanville Drive, at 8:35 p.m.
Ms. Andrade stated the Petitioner for PZ-09-11 was seeking Variations to allow six (6) foot tall fences to
encroach in the front yard of the properties located at 851, 852, 891, and 902 Feehanville Drive. The Village
Code allows fences to be installed in the side and rear yards. A fence in the front yard requires approval of a
Variation.
Ms. Andrade said the Subject Properties are located in the Kensington Business Park and contain four
office/manufacturing buildings with related improvements. The Subject Properties are zoned I1 Limited
Industrial and are primarily bordered by I1 Limited Industrial, CR Conservation Recreation, and R1 Single
Family residential properties to the south.
Ms. Andrade stated the proposed fence at 851 Feehanville Drive would encroach into the front yard a maximum
of twenty-five (25) feet. The fence would be setback approximately eighteen (18) feet from the front property
line.
Ms. Andrade said the proposed fence at 852 Feehanville Drive would not encroach more than ten (10) feet into
the front yard. This fence would be setback approximately thirty-one (31) feet from the front property line.
Ms. Andrade stated the plan for 852 Feehanville Drive also showed the relocation of an existing recreational path.
The relocation is subject to Village Staff review and approval, and not included in the Variation requests. The
Petitioner would be required to submit architectural and engineering plans demonstrating the proposed relocation
and construction of the new path for Staff to review
Richard Rogers, Chair PZ-09-11
Planning & Zoning Commission Meeting April 28, 2011 Page 1 of 4
Ms. Andrade said the proposed fence at 891 Feehanville Drive encroached a maximum of 235 feet into the front
yard. This fence would be setback approximately thirty (30) feet from the front property line.
Ms. Andrade stated the proposed fence at 903 Feehanville Drive would not require a Variation because the fence
would not encroach into the front yard.
Ms. Andrade said the fence at 902 Feehanville Drive encroached a maximum of ten (10) feet into the front yard.
The fence would be setback approximately twenty (20) feet from the front property line. The Petitioner would
need to place the fence behind existing berms, where feasible, to minimize visibility of the fence.
Ms. Andrade stated the proposed fence would be constructed out of aluminum with a powder coat finish and
would include stone/brick pillars. Per the Petitioner, the fence line would measure six (6) feet in height and the
stone/brick pillars up to six and one half (6.5) feet in height. Gates would be provided with Opticom detectors to
ensure twenty-four (24) hour access for emergency vehicles. Service gates would be accessible via access cards
or keys, which the Petitioner plans to provide the Village and utility companies in order to allow access for
maintenance or repair work within easements.
Ms. Andrade said the standards for a Variation are listed in Section 14.203 of the Village Zoning Ordinance and
include seven specific findings that must be made in order to approve a Variation. A summary of these findings
include:
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. Andrade stated the Petitioner noted in his application that the fencing on the Subject Properties is required for
consistency purposes and compliance with its policy of increasing security. Cummins-Allison is the last U.S.
manufacturer involved in the development and manufacturing of currency handling equipment and sensors
utilized to protect the integrity of U.S. currency. The equipment is used globally to protect against counterfeiting
of U.S. currency.
Ms. Andrade said the Petitioner proposed to install six (6) foot tall fences in the side, rear, and front yard of the
Subject Properties. The proposed location in the front yard deviates from zoning regulations, which limit the
installation of the fence to the side and rear yards only. In three of the four Subject Properties, the fence extends
out from the corners of the building and not placed directly in front of the building. Subject Properties are
irregular in shape and consist of unique operations that deal with U.S. currency which demand a higher level of
security. The proposed fences are intended to deter trespassing. The proposed locations of the fences would not
have an adverse impact on the neighborhood character and would be designed to complement the existing
buildings and the business park.
Ms. Andrade stated the Variation requests to install fences in the front yard meet the standards for a Variation
contained in Section 14.203.C.9 of the Zoning Ordinance. Based on this analysis, Staff recommended that the
approve
P&Zthe motions listed in the Staff Report.
Chairman Rogers asked if the Petitioner was installing the fence to prevent children from the Camelot School
entering their property. Mr. Simmons stated that the Petitioner would address the need for the fence. He said the
school is only a partial reason why the fence was being requested; there are other security needs for the proposal.
Richard Rogers, Chair PZ-09-11
Planning & Zoning Commission Meeting April 28, 2011 Page 2 of 4
Mr. Donnelly asked if there were any easement issues regarding the 852 building and the lake. Mr. Simmons said
there were conditions of approval in the Staff Report in regards to the jogging path that goes around the lake. If
the path was relocated, the Petitioner would need to vacate and dedicate easements. Mr. Simmons stated that the
Village would need access to the pond for maintenance. Mr. Donnelly confirmed that the changing of the
easements would be done completely on the Petitioner’s property.
Chairman Rogers swore in Tom Hefty, Attorney for the Petitioner, 227 West Monroe, Chicago, Illinois and
Martin Barrett, Director of Facilities for Cummins Allison, 1813 W. Lakeview, Johnsburg, Illinois. Mr. Hefty
discussed how the Petitioner’s business model and focus has changed over the years. He said that Cummins
Allison is primarily involved now with money handling equipment and software. Mr. Hefty stated there is a need
for security since the Petitioner tests its money handling technology on domestic and foreign currency. He said
that the Petitioner receives new issues of currency and needs to adapt its software before the currency is issued to
the general public. Mr. Hefty stated the fence is needed in the front yard so clients could see that the Petitioner’s
property was secure.
Mr. Hefty discussed that the Petitioner has worked with Camelot Schools regarding Camelot’s zoning case at the
March meeting. He said Camelot was planning on installing a fence on their property if Cummins Allison did not
build a fence on their property. Mr. Hefty clarified to the Commission that the Variances were only needed for
the front of the property, they are allowed to place the proposed fence in the side yard and rear yard of their
properties.
Mr. Hefty said the proposed fence is of high quality and intended to complement their buildings.
Mr. Barrett stated the primary reason for the fence was to protect the Petitioner’s proprietary equipment. There is
research and development done on site within their campus. Mr. Barrett explained that all of their competitors are
not in the U.S. It was critically important as a business to maintain what they develop and work on as secret. Mr.
Barrett said the fence types that they were looking at are aluminum coated/ornamental type fences. He stated the
intent is not to go overboard with the fence. The proposed fence would be installed behind existing berms and
shrubs to lessen the view. Mr. Barrett discussed the split rail fence that is currently on site, but this type of fence
does not deter individuals from avoiding the subject properties. He said that they are trying to control the
perimeter of the twenty-four (24) acres owned by the Petitioner.
Chairman Rogers understood the need for the Petitioner’s security and willingness to protect children. He stated
that this was a big investment for the Petitioner and was in support of their request.
Mr. Floros stated the fence would change the look of the business park. He believed the park had this open
feeling and the proposed fence would change the character of the park. Mr. Floros asked if the Petitioner has been
in discussion with other businesses or an association within the Kensington Business Center. Mr. Barrett said that
they have discussed the split rail fence with their neighbors in the past. He stated the proposed fence would blend
in aesthetically with the business park. Mr. Barrett said there were other colors that they could choose so the
fence would not be as noticeable.
Mr. Hefty said the Petitioner tried to incorporate as much of the face of the buildings in regards to the proposed
fence. He discussed how berms and other shrubberies would cover a portion of the fence in the front yard for the
891 building.
Mr. Floros asked who ran Kensington Business Center. Mr. Barrett stated there is a business association within
the park. Mr. Floros questioned if the fence has been discussed with the association. Mr. Barrett said it has not
been discussed with the association, but the plans have been discussed with the Petitioner’s close neighbors that
would be affected by the proposal. There have been no objections raised by the neighbors.
Richard Rogers, Chair PZ-09-11
Planning & Zoning Commission Meeting April 28, 2011 Page 3 of 4
Mr. Youngquist asked about the circles illustrated for the 851 and 852 buildings. Mr. Barrett said they did not
mean anything as it is a conceptual drawing. There was general discussion regarding the location and placement
of the piers. Mr. Barrett stated the piers would be minimal and only provided as needed.
Mr. Hefty said when OPUS setup the Kensington Business Center; the association was created as an informal
group who could not setup bylaws.
Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the
public portion of the case at 9:03 p.m. and brought the discussion back to the board.
Mr. Floros asked the Commissioners if the proposed fences would significantly change the character of the
business park. Chairman Rogers said that anytime a fence is constructed it would change the character a little bit.
He said the proposed fence is open and would add to the subject properties. Chairman Rogers said after the
March Planning and Zoning Commission Meeting, he was concerned for the children at the Camelot School. He
stated by moving the proposed fence and relocating the jogging path helped diminish those concerns. Mr.
Youngquist said there is a split rail fence in a good portion of the subject property that is being replaced. Mr.
Donnelly stated the majority of the fence runs along the side yard of the subject property and would protect the
Petitioner from children who utilize the neighboring park and then the fence would also protect children who are
outside the Camelot School.
Mr. Youngquist said if more than fifty (50) percent of the buildings located within the Kensington Business
Center installed fences, then the aesthetics of the park would definitely change. He did not foresee other
buildings within the business park installing fences like the Petitioner’s proposal.
Mr. Floros stated his appreciation for Cummins Allison and for their value to the community.
Mr. Youngquist made a motion, seconded by Mr. Donnelly to approve:
A). A Variation to allow a fence in the front yard with a setback eighteen (18) feet from the front
property line for the property at 851 Feehanville Drive;
B). A Variation to allow a fence in the front yard with a setback approximately thirty-one (31) feet
from the front property line for the property at 852 Feehanville Drive;
C). A Variation to allow a fence in the front yard with a setback approximately thirty (30) feet from
the front property line for the property at 891 Feehanville Drive; and
D). A Variation to allow a fence in the front yard with a setback approximately twenty (20) feet from
the front property line for the property at 902 Feehanville Drive, Case No. PZ-09-11, subject to
compliance with the conditions listed in the staff report.
UPON ROLL CALL: AYES: Donnelly, Floros, Foggy, Youngquist, Rogers
NAYS: None
Motion was approved 5-0. The Planning & Zoning Commission's decision was final for this case.
After hearing three additional cases, Mr. Donnelly made a motion to adjourn at 9:14 p.m. The motion was
approved by a voice vote and the meeting was adjourned.
________________________________________
Ryan Kast, Community Development
Administrative Assistant
Richard Rogers, Chair PZ-09-11
Planning & Zoning Commission Meeting April 28, 2011 Page 4 of 4