VILLAGE of SUGAR GROVE

PLAN COMMISSION/ZONING BOARD of APPEALS

MEETING MINTUES OF MAY 18, 2005

 

CALL TO ORDER

The regular meeting of the Sugar Grove Plan Commission/Zoning Board of Appeals (ZBA) was called to order at 7:05 p.m. by Chairman Irv Ochsenschlager in the Village Board meeting room.

Plan Commission/ZBA members present:

Bob Dray, Ryan Reuland, Brian Schiber, Ed Saloga, Irv Ochsenschlager.

Andy Konovodoff arrived at 7:52 p.m.

Absent: Steve Benesch

Quorum established

Also present:

Scott Buening, Community Development; Mike Ferencak, Planner; Nancy Zak, Recording Secretary

Dray made a motion, which was seconded by Reuland, that the meeting minutes of April 20, 2005 be approved as presented with an addition made by Dray.

The motion carried by unanimous voice vote.

The addition to the April 20, 2005 minutes was made on page 16, fifth paragraph.

"Dray said he could not agree that the group home would never affect property values." (addition) This was in response to Mr. Hoopman's general assertion that this type of property doesn't have any affect on other properties or property values, and the only true way that there will be any affect is for that change to take place and measure its impact.

Prior to conducting the hearing, Buening explained to the Plan Commission/ZBA that the structure of the agenda had been changed by direction from the Village Attorney. The Public Hearing and the action on the hearing petition(s) are to be separated into two distinct agenda items.

PUBLIC HEARINGS

Chairman Ochsenschlager opened the hearing at 7:04 p.m. and swore in those intending to give testimony. Dray withdrew himself from taking part in the hearing, discussion and action on the petition.

Quorum present as at roll call.

Requests

Presentation

Paul Wegman, the landowner, presented his petition. Wegman stated his lot was the smallest lot in the Prestbury Subdivision. He then showed several exhibits in the form of photographs showing homes in the Prestbury Subdivision with less than required front and side yard setbacks.

He stated the rear of his lot abuts dense shrubs and bushes and behind them there is open space. Building the home he proposes with the variances requested would not affect any neighbors' view or homes themselves, he said.

Wegman said he showed the plans for his home and placement on his lot to what will be his immediate neighbors. After viewing the plans, the neighbors approved of the home. Wegman indicated that his plan meets the Prestbury Subdivision and County requirements in regard to setbacks and lot coverage. Wegman stated he had his plans reviewed by the Water Resource Reclamation Department and the plans were given approval.

Wegman then distributed his written comments regarding his substantiating the need for the variances being requested, which the Plan Commission/ZBA read in silence.

Public Comment

Jeff Painter of 5 Heaton Court, Aurora gave testimony that he had no objections or issues with Wegman's plan.

Several nearby property owners contacted staff regarding this proposed development requesting more information on the size of the house that would be constructed. Another property owner was concerned about any of the significant trees on the site being removed. The property owner closest to the rear yard of the subject property objected to the rear setback variance.

Close of Public Hearing

With no further Public Comment or testimony from the Petitioner or public, Chairman Ochsenschlager closed the Public Hearing on Petition 05-005 at 7:18 p.m.

( Cross Point Christian Church)

Chairman Ochsenschlager opened the Public Hearing at 7:19 p.m.

Quorum present as at roll call.

Those intending to give testimony were sworn in.

Request

Special Use for a church in the R-2 Single-Family Detached Residential District located at 85 Main Street (within Kaneland Community Unit School District #302 - John Shields Elementary School)

The Church had a signed agreement with the Kaneland Community Unit School District #302 and a Temporary Use granted by the Village Board in September 2004 that expires June 30, 2005. A few of the terms of approval were that the petitioner (Church) would apply for and receive a Special Use, that the Temporary Use would be terminated if permission to use the school building was terminated by the School District and that the Temporary Use would be subject to the conditions in the School District lease.

Presentation

Jerry Tipton, Lead Minister of the Cross Point Christian Church, gave the presentation stating the church had been given a temporary permit last fall from the Village of Sugar Grove to use the school facility from 7:00 a.m. to Noon on Sundays. The rooms they were granted permission to use were the multipurpose room and the gym, the same rooms the Park District has permission to use. The permitted time for use has elapsed and they would like to continue to hold their services at the school facility. The church is requesting that a Special Use be granted.

Public Comment

There was no public comment or questions voiced at the public hearing regarding the Petition. Nor did any surrounding property owners contact staff regarding this proposed use.

Closing of the Public Hearing

With no further testimony or public comment at the hearing, Chairman Ochsenschlager closed the public hearing on Petition 05-006 at 7:21 p.m.

5. OLD BUSINESS None

6. NEW BUSINESS

Plan Commission/ZBA Discussion of Petition 05-005

Chairman Ochsenschlager outlined the two issues being requested. Wegman is requesting that his property located at 4 Heaton Court be Rezoned from R-1 Low Density Residential District to R-2 Detached Residential District after annexation. Wegman is proposing to build a single-family home on this vacant site in the unincorporated Prestbury Subdivision. In order to obtain water and sewer services from the Village

of Sugar Grove, the petitioner is required to sign an annexation agreement. Since the property will be zoned R-1 automatically upon annexation, one of the terms of the agreement will be to rezone the property to R-2 after annexation. The proposed zoning district is equivalent to the existing CU-PUD zoning on the property. Annexation is not contemplated at this time, as the property is not contiguous to the Village limits. In order for the annexation agreement to be ratified by the Village Board, a public hearing is required on the proposed rezoning before the Plan Commission/ZBA. Additionally, as the structure is currently proposed, it would require variances under the Sugar Grove Zoning Ordinance.

Saloga had no problem with the Petitioner's request because he felt the plan met the original Prestbury guidelines.

Reuland also took no issue with the Petitioner's requests having the same reasoning as Saloga's.

Schiber had issues with the request for the variances particularly on the rear yard setback and the maximum lot coverage. He went on to make the point that the Bethesda Group Home petition faced opposition to the lot coverage, which was far less coverage than the petition now on the floor.

Ochsenschlager made reference to Ferencak's staff review of the petition. Staff recommended approval of the proposed Rezoning to R-2 believing the request met the required criteria to be granted.

Regarding the variance issues, Staff had suggested to the Petitioner that he avoid as many variances as possible and made suggestions on how to change the plans to do so. However, the Petitioner had already drawn up plans and made the decision to proceed to the Plan Commission/ZBA with the plans as drawn. Wegman interjected that he had the plans drawn up to meet Prestbury requirements.

In reviewing the criteria that would have to be met in order to recommend granting of the variances requested, some of the Plan Commission/ZBA members felt that the Petitioner was not limited in using the property if he met Village Zoning Requirements for R-2. Some thought the Petitioner could make some minor adjustments to the plans to eliminate some of the variances.

Plan Commission/ZBA Action on Petition 05-005 (Rezoning)

A MOTION WAS MADE BY REULAND, AND SECONDED BY SALOGA, THAT THE PLAN COMMISSION/ZBA RECOMMEND TO THE VILLAGE BOARD APPROVAL OF PETITION 05-005,

THE REZONING OF THE SUBJECT PROPERTY FROM R-1 LOW DENSITY RESIDENTIAL DISTRICT TO R-2 DETACHED RESIDENTIAL DISTRICT AFTER ANNEXATION, AND THAT THE FINDINGS OF FACT REGARDING THE REZONING BE ACCEPTED.

ROLL CALL VOTE ON THE MOTION:

AYES: REULAND, SALOGA, SCHIBER, OCHSENSCHLAGER

WITHDRAWN: DRAY

ABSENT: BENESCH

MOTION CARRIED

Discussion then took place regarding the variances requested. Some Commission members felt the Petitioner could avoid the front and side yard setback variances by refiguring the plans. There was concern, however regarding the rear yard setback variance and maximum lot coverage requests. Wegman stated if the house was shifted on the lot, it would violate the driveway setback required by the Prestbury regulations.

Schiber made a strong statement that the house planned was too big for the lot. Saloga questioned if a four-car garage was planned? Wegman said, no the plans were for a three-car garage. Schiber didn't feel unusual hardships existed to grant the variances Wegman requested.

Saloga stated that the Prestbury Subdivision was plotted 30 years ago. None of the lots and homes on the lots meet Village codes.
The Petitioner should be held only to Prestbury covenants and as long as the plans also meet County requirements, the Petitioner should be able to

build. Saloga was of the opinion it should be illegal for the Plan Commission/ZBA (and Village) to disallow the building on the lot.

With no further discussion, Chairman Ochsenschlager called for a motion.

SALOGA MADE A MOTION, SECONDED BY REULAND, TO RECOMMEND TO THE VILLAGE BOARD THAT THE VARIANCES REQUESTED IN PETITON 05-005 BE GRANTED.

ROLL CALL VOTE ON THE MOTION:

AYES: SALOGA, REULAND, OCHSENSCHLAGER

NAYS: SCHIBER

WITHDRAWN: DRAY

ABSENT: BENESCH

MOTION CARRIED.

Petition 05-006: 85 Main Street - Special Use (Cross Point Christian Church Petitioner

Plan Commission/ZBA Discussion and Action

Ochsenschlager recapped the circumstances of the Church's Petition stating that the Cross Point Christian Church has been using the grade school and has an agreement with the school district to use it on Sunday mornings. The Village agreed to the use with the understanding the Church would seek a Special Use after the time limit on the temporary use had elapsed.

Ferencak said there were certain conditions Staff recommends be attached to the Village's approval:

.The church use shall be subject to the"Agreement for Building Use" with Kaneland School, dated September 2, 2004.

.There would be no additional parking allowed for church use. Existing parking at the site is sufficient for the church use.

.Any signage shall conform to the Sugar Grove Zoning Ordinance requirements.

.The use shall be confined to the subject property

.All church activities shall be restricted to areas within the school building.

Tipton informed the Plan Commission/ZBA that, in regard to signage, they only have temporary signs posted on Sundays, but they are taken down immediately after the service.

Plan Commission/ZBA Action

With the end of discussion, Chairman Ochsenschlager called for a motion.

SCHIBER MADE A MOTION, SECONDED BY DRAY, THAT THE PLAN COMMISSION/ZBA RECOMMEND TO THE VILLAGE BOARD THAT PETITION 05-006, A SPECIAL USE FOR A CHURCH IN THE R-2 SINGLE-FAMILY DETACHED RESIDENTIAL DISTRICT BE GRANTED, SUBJECT TO THE STAFF RECOMMENDATIONS, AND THAT THE FINDINGS OF FACT REGARDING THE PETITION BE ACCEPTED.

ROLL CALL VOTE:

AYES: DRAY, SALOGA, SCHIBER, REULAND, OCHSENSCHLAGER

NAYS: NONE

ABSENT: BENESCH

MOTION CARRIED

Petition 05-007: Mallard Park - Preliminary Plat, Final Plat

(Sugar Grove Associates, Petitioner)

Buening made the presentation stating the Plan Commission/ZBA would be considering a request for a 2-lot preliminary and final plat approval for the Mallard Park Subdivision. The property is located north and south of Mallard Lane and west of Brookhaven Circle. Three lots exist currently. The subdivision would divide the property into two lots, with the lots being conveyed to the Village of Sugar Grove for park purposes. The Village would subsequently convey these lots to the Sugar Grove Park District at a later date to add to the existing Mallard Park. No variances or deviations from the Village subdivision regulations are required to accomplish this land division. All public improvements have already been installed as part of the Rolling Oaks or Mallard Point subdivisions.

The lots were to be conveyed to the Village earlier in the development, but were not due to issues related to the park donations and other outstanding issues with the Mallard Point subdivision. These have since been resolved and the plat can move forward in the approval process.

Public Comment/Questions

No public comment or questions arose at the hearing and Staff received no public response to this proposal

Schiber asked if the Park District had any plans for Lot 2, where all the reeds are? Buening responded that there is some playground equipment on that lot now, but he did not know if the Park District had any additional plans for it.

Saloga asked who would be responsible for maintaining the property? Buening answered, the developer would be responsible at this time and any park the Village owns, the Park District has agreed to maintain.

Dray wondered if the native plants on the property would remain.

Plan Commission/ZBA Action

Without further discussion, Chairman Ochsenschlager called for a motion.

DRAY MADE A MOTION, SECONDED BY SALOGA, THAT THE PLAN COMMISSION/ZBA RECOMMEND TO THE VILLAGE BOARD APPROVAL OF THE PRELIMINARY AND FINAL PLATS OF THE MALLARD PARK SUBDIVISION, SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF.

ROLL CALL VOTE:

AYES: DRAY, SALOGA, REULAND, OCHSENSCHLAGER, SCHIBER

NAYS: NONE

ABSENT: BENESCH

7. PLAN COMMISSIONER COMMENTS, PROJECTS UPDATES and MISCELLANEOUS INFORMATION

Prestbury Annexation

Ferencak said Staff has met with counsel and the Prestbury representative. Discussion is focusing on the impact annexing Prestbury would have upon the Village. Saloga questioned how the Village plans to incorporate Prestbury? Ferencak said probably through a PDD as was used for Settler's Ridge, which sets up a special zoning district.

Ferencak reported that they are working through the annexation agreement. Staff is planning a meeting now, prior to meeting again with the developer.

c. Meadowview Villas

The name of this subdivision has been changed to Meadowridge. Work is taking place to finalize the annexation agreement. Buening said the last work on the agreement involves fee schedules. A hearing may take place in June.

d. 25 Municipal Drive

This matter regarding the landscaping came before the Village Board last night. The Board was amenable to allowing the FPD more time to complete the planting of the landscape materials. In addition, the Village might allow for the relocation of some of the trees or a change in species to accommodate any possible line-of-sight safety issues.

e. 200 Hankes Road

Work has begun on drafting the annexation agreement. After the agreement has been completed, the matter will come before the Village Board for a public hearing.

f. Mailbox Requirement and Sheds in Easements

Staff is waiting for language for these two ordinances to be drafted by the Village Attorney.

Plan Commissioner Andy Konovodoff arrived at this point in time in the meeting (7:52).

Konovodoff made a motion, seconded by Schiber, that the meeting be adjourned.

The motion carried unanimously by voice vote.

The meeting was adjourned at 7:55 p.m.

Respectfully submitted,

Nancy Zak

Recording Secretary