VILLAGE OF SUGAR GROVE

The regular meeting of the Plan Commission/Zoning Board of Appeals (ZBA) was called to order by Chairman Irv Ochsenschlager at 7:00 p.m. in the Village Board Room.

Plan Commission/ZBA members present:

Steve Benesch, Bob Dray, Andy Konovodoff, Irv Ochsenschlager, Ryan Reuland, Ed Saloga, Brian Schiber (arrived at 7:02 p.m.). Quorum present.

Also present: Scott Buening, Community Development Director, Nancy Zak, Recording Secretary

Petition 02-008: 12 Windwood Drive (Prestbury):

Rezoning from R-1 to R-2 and Yard Setbacks Variances after annexation

Ed Saloga Builders, Inc.

Quorum present as at roll call.

Commissioner Saloga recused himself from deliberation on the petition.

Presentation:

Buening presented the petition. The Petitioner is requesting: a zoning map amendment from R-1 to R-2 detached residential district, a Variance to reduce the required side yard setback from 10 feet to eight feet and a Variance to reduce the required rear yard setback from 30 feet to 24 feet, all after annexation into the Village of Sugar Grove.

The property has not been annexed to date and the Plan Commission/ZBA is not the body to consider approval of annexation, but must make a recommendation on the petitioner's requests for rezoning and the variances. After the property has been annexed, having had the public hearing in advance, the rezoning and variances will then be in place.

Public Comment:

Buening said he received a couple dozen phone calls on the matter, however, no objection was voiced. The callers were primarily curious about what was being petitioned for.

Close of Hearing:

With no further questions from either the public or the Commissioners/ZBA, Chairman Ochsenschlager then closed the hearing at 7:06 p.m.

Commission/ZBA Discussion:

Schiber questioned if the variances requested were in line with what has already been developed in the area. Buening responded they were.

SCHIBER MADE A MOTION, WHICH WAS SECONDED BY DRAY THAT THE PLAN COMMISSION/ZBA RECOMMEND TO THE VILLAGE BOARD APPROVAL OF THE PETITIONER'S REQUEST TO REZONE THE PROPERTY AT 12 WINDWOOD DRIVE (PRESTBURY SUBDIVISION) FROM R-1 TO R-2 AND GRANT THE SIDE YARD AND REAR YARD VARIANCES.

ROLL CALL VOTE ON THE MOTION:

AYES: BENESCH, DRAY, KONOVODOFF, OCHSENSCHLAGER, REULAND, SCHIBER.

NAYS: NONE

RECUSED: SALOGA

Petition 03-009: 550 Merrill Road: Variance to Allow an Accessory Structure to be 1,256 square feet in area instead of 700 square feet (after annexation)

Jeffery and Jaye Wilger, Petitioners

Chairman Ochsenschlager opened the hearing at 7:07 p.m.

Quorum present as at roll call.

Presentation

Although the Petitioners were present, Buening presented the petitioned request.

He stated the Petitioners were pursuing annexation into the Village. The lot was granted a building permit in unincorporated Kane County in 2003 for a single-family residence. As part of their petition they require a variance to allow the existing garage to be 1,256 square feet in area. Village Ordinance allows a maximum of 700 square feet. Kane County permitted the existing garage, and under its regulations, a variance for the size of the garage was not required.

The Petitioners could have come in with the garage as legally non-conforming. But they wanted to have it designated as legally conforming through the granting of the variance. The main reason for the petition for the variance is that should the garage ever be damaged or destroyed, the owners can reconstruct the garage at its current square footage for it would now be legal conforming.

When the Petitioners come to the Village for annexation, and it is granted, the property would be annexed as R-1 with the variation for the garage in place.

Public Comment, Questions

Stan Scimeca, of 5S097 Merrill Road rose to voice his objection to the variance and anticipated annexation. His concern was that upon the annexation of this property his would be contiguous to the Village and he would perhaps be forced to also annex, which he did not desire to do.

Plan Commission/ZBA Comments, Questions

Dray questioned if granting this variance would be setting a precedent? Ochsenschlager noted that at the time the garage was built, it did conform to the County regulations.

Buening stated the property in question is two acres in size. The neighboring lots all have accessory structures. This lot is significantly larger than those adjacent to it.

Close of Hearing

With no further questions or comments forthcoming, Chairman Ochsenschlager closed the hearing at 7:12 p.m.

Buening again reminded the Commission/ZBA it was only considering the variance for the square footage of the garage, not the annexation itself. They are tapped onto water, but not sewer. Perhaps they will come on sewer in the future.

Dray asked for clarification, asking if the County had approved the house and garage? Buening said the County did approve them and the reason the Petitioners are asking for the variance is so that they can come into the Village with a legally conforming garage. Dray stated then, if something happens to it, it can be rebuilt to the same size.

KONOVODOFF MADE A MOTION, WHICH WAS SECONDED BY RYAN THAT THE PLAN COMMISSION/ZBA RECOMMEND TO THE VILLAGE BOARD APPROVAL OF THE VARIANCE REQUESTED BY THE PETITIONER FOR A VARIANCE TO ALLOW THE EXISTING GARAGE TO BE 1,256 S.F. IN AREA INSTEAD OF THE MAXIMUM PERMITEED 700 S.F. ON THE PROPERTY AT 550 MERRILL ROAD IN THE EVENT THE VILLAGE BOARD ALLOWS ANNEXATION.

ROLL CALL VOTE ON THE MOTION:

AYES: BENESCH, KONOVODOFF, OCHSENSCHLAGER, REULAND, SALOGA

NAYS: DRAY, SCHIBER

MOTION CARRIED

Buening was asked by the Plan Commission/ZBA to draw up findings of fact regarding the petition.

OLD BUSINESS - None

Petition 04-004: Subdivision Ordinance Changes - Mailboxes

Proposed changes to the Subdivision Ordinance Regulating Mailboxes

Buening explained that Staff and the Village Board has had discussions about the proliferation of stone or masonry mailboxes. The reason for concern is that they are constructed in the right-of-way which is public property and in some instances have or, if continued to be allowed, cause damage to utilities. The Board directed Staff to present the changes it proposes regarding mailboxes to the Plan Commission. The majority of the Board felt brick or masonry mailboxes should not be allowed in Village rights-of-way, with the exception being to allow any brick or masonry mailboxes existing as of October 29, 2003 to remain until substantially damaged or destroyed. Dray commented if the citizen didn't get permission when the mailbox was built, he/she wouldn't ask permission to rebuild it. Buening said the Village is aware of damage to mailboxes during the snowplowing season.

The Plan Commission needs to review and make a recommendation on whether or not to adopt these changed to the Subdivision Regulations, in whole or in part.

Dray personally noted those types of mailboxes create a blind spot for drivers and children run out from behind them, which is another hazard. They also could be a cause for liability suits for the Village. Buening said the Village Attorney had investigated this aspect, and found the homeowner is more likely to be liable. Although DesMoines has had problems with suits regarding brick mailboxes.

Ochsenschlager asked if the Village Ordinance would match the Post Office requirements? Buening stated it does. Reuland questioned if the Village had a count of how many of those mailboxes exist? Buening said it had. There are 22 total throughout the Village.

New Business/Subdivision Ord. Amendment Mailboxes

Plan Commissioner/ZBA Payment for Meeting Attendance

Buening informed the Commission/ZBA that the Village Board made the decision to pay Plan Commission/ZBA members $25.00 per meeting attended. The number of meeting per year would be limited to 18 to 25 meetings and be paid on a quarterly basis.

On behalf of the Commission members, Chairman Ochsenschlager thanked the Village Board for this action saying it was much appreciated.

Literature - Helps for Plan Commissioners

Buening distributed to each member literature to educate and assist them in the responsibilities as Commissioners. One being "The Job of the Planning Commissioner" by Albert Solnit, published by Planners Press. The other "Kane County Land Resource Management Plan 2030, Refinement Challenges for the Critical Growth Area" (which included Sugar Grove) published by Kane County.

EEI Annual Outing

Commissioners received an invitation from EEI to attend its annual outing. Buening reminded the Commission of the Gift Ban Act allowing acceptance of gifts of $100. Per year, per source and cautioned that it not be violated.

Hannaford Farm

The Village Board heard the petition last night and is close to getting the details finalized. A special meeting has been called for next Tuesday to consider the proposed development. The Board wants to come to a determination on the project soon.

Benesch asked if the Board made any changes in the Commission's recommendations for changes, particular in the bike/pedestrian paths. Buening stated the Board agreed with the Commission's concerns regarding the location of some of the paths in certain areas.

Schiber asked if anything had been resolved regarding the intersection? Buening stated Kane County was invited to come to the meeting and hopefully will have input on the improvement of the intersection.

e. Stillwater

The Board basically is in favor of the proposed development. A straw vote was 4 to 3 in favor. They agree they will have to work out conditions for approval.

The Board approved the concept of the new fire station. Final approval is expected next Tuesday. Benesch asked if the Board had discussed signalization of Route 30- Municipal Drive intersection. Buening stated the Board suggested some type of warning devices or signals and signage.

The Board had no problem with the amendments for truck sales for Oshkosh. In regard to Zoning Ordinance amendments, the Board had a problem with the 120 day time change for the Commission to vote on a petition. However, the Board was assured a vote certainly could be taken before that time span.

Regarding the super majority vote issue, the Board was not in favor of changing it. It would change the dynamics by including the mayor in votes.

 

The Board approved the annexation. Prestbury homeowners were present to voice their objections.

Schiber asked Buening if he knew the status of the House of Plenty Restaurant that has been closed for some time. Buening stated the closing was to institute a new format.

Schiber also asked about the status of J R's Retreat Restaurant, which has not been in operation. Buening stated a flyer has been distributed stating plans were to reopen the restaurant in July under a new name, "Chicago West/Mona Lisa's Hideaway". It was noted the Sugar Grove Diner was also closed for remodeling..

Reuland questioned if there has been any progress on the Jewel development?

Buening said the Board did give the project consideration last night. Only a presentation was given by the developers. The Jewel representative stated they expect to start development sooner than in four years.

Respectfully submitted,

Nancy Zak

Recording Secretary

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