VILLAGE of SUGAR GROVE
PLAN COMMISSION/ZONING BOARD of APPEALS
MEETING MINUTES of JUNE 29, 2005
1. CALL TO ORDER
The reschedule of the regular June meeting of the Sugar Grove plan Commission/Zoning Board of Appeals (ZBA) was called to order at 7:04 p.m. by Chairman Irv Ochsenschlager in the Village Board meeting room.
2. ROLL CALL
Plan commission/ZBA members present:
Bob Dray, Ryan Reuland, Brian Schiber, Steve Benesch, Irv Ochsenschlager.
Absent: Andy Konovodoff, Ed Saloga
Quorum established.
Also present:
Mike Ferencak, Planner; Tony Speciale, Public Works Director; Geoff Payton, Supervisor of Streets and Properties; Holly Baker, Substitute Recording Secretary.
3. MINUTES OF THE MAY 18, 2005 MEETING
Schiber made a motion, which was seconded by Dray, that the meeting minutes of May 18, 2005 be approved as presented.
The motion carried by unanimous voice vote.
4. PUBLIC HEARINGS
a. Petition 05-009: 3 Yorkshire Court – Rezoning, Variances (after annexation) Don Coates, Petitioner
Chairman Ochsenschlager opened the hearing at 7:04 p.m. and swore in those intending to give testimony.
Quorum present as at roll call.
Don Coates, the landowner, presented and distributed a signed approval letter from the Prestbury Citizen’s Association and Architectural Board as part of the public hearing record. Copies were disbursed to the Members. (Attached) Coates also stated that his request does meet all of Kane County’s setback requirements, which is the governing body for his building permit. He asks for a positive recommendation to the Village Board.
Dave Moulthrop of 9 Ashwood Court, Aurora submitted a petition signed by 20 neighbors opposing Mr. Coates’ requests for variances. Moulthrop stated that he and the neighbors that signed the petition are concerned with the impact it will have on the property values and views from their homes. Barb Moulthrop of 9 Ashwood Court, Aurora stated that she was concerned about the elevation and size of the home and the impact on the view from her home. She questioned the petitioner as to those numbers. Mr. Coates stated that he did not have the top of foundation number with him but that the house is a 4000 square foot home with a 3-car garage. It is 45’ deep x 70’ wide and approximately 18 –19’ high. He stated it was a regular two-story home. He also stated that the sanitary sewer was located partially outside the easement, towards the house. Mike Ferencak stated that Kane County will issue the building permit and that they don’t have any setback requirements. Sugar Grove provides sewer and water to Prestbury and each new home receiving this service must have a pre-annexation agreement. The variance is due to the future annexation and setback requirements of the Village’s code. There are 14 vacant lots left in Prestbury. Staff does not recommend granting the variances due to them not meeting the Village’s code. But the variances being requested are not as excessive as some homes that are already built. Ferencak distributed copies of an email he received from Nick Moore, 6 Yorkshire Court stating no objection to the proposal.
With no further public comment or testimony from the Petitioner or public, Chairman Ochsenschlager closed the Public Hearing on Petition 05-009 at 7:17 p.m.
5. OLD BUSINESS None
6. NEW BUSINESS
Plan Commission/ZBA Discussion of Petition 05-009
Ferencak summarized the request.
Schiber asked that the petitioner check on the slope. Appears to be too steep. Top of foundation is high. He stated he hopes that Kane County will see that.
Ochsenschlager stated that in similar cases, the rezoning has been approved and the variances have been denied. He also stated Saloga’s comment stated at a previous hearing that Prestbury is unique.
Plan Commission/ZBA Action on Petition 05-009 (Rezoning)
A MOTION WAS MADE BY DRAY, AND SECONDED BY REULAND, THAT THE PLAN COMMISSION/ZBA RECOMMEND TO THE VILLAGE BOARD APPROVAL OF PETITION 05-009, 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: BENESCH, REULAND, OCHSENSCHLAGER, DRAY
NAYS: SCHIBER
ABSENT: KONOVODOFF, SALOGA
MOTION CARRIED
BENESCH MADE AMOTION, SECONDED BY, TO RECOMMEND TO THE VILLAGE BOARD THAT THE VARIANCES REQUESTED IN PETITION 05-009 BE GRANTED.
ROLL CALL VOTE ON THE MOTION:
AYES: REULAND, OSCHENSCHLAGER, DRAY
NAYS: SCHI BER, BENESCH
ABSENT: KONOVODOFF, SALOGA
MOTION CARRIED.
Discussion then took place regarding what recourse the opposing neighbors have. Barb Moulthrop questioned the validity of the mailed notification. She stated that she and other neighbors she spoke with did not receive notification by mail of this public hearing.
Ferencak reviewed the rules and regulations stated in the Village’s code.
Ochsenschlager stated that in past practices the commission has accepted a signed affidavit from the petition stating notifications were sent and it was published in the newspaper and a sign was on the property. He also stated that the Commission only provides a recommendation to the Village Board. The Board approves or denies. That meeting is scheduled for July 5 th at 6 p.m. in this boardroom. Kane County issues the building permit, not Sugar Grove. Prestbury has County and Covenant control.
b. Petition 05-004: Streetlights – Subdivision Ordinance Text Amendment: (Village of Sugar Grove, Petitioner)
Plan Commission/ZBA Discussion of Petition 05-004
This issue has not been before the Plan Commission prior to today.
Speciale stated the amendment is to add a decorative streetlight option and update the electrical code with revised wording recommended by the Electrical Engineer and the Village Inspector. The schematics were distributed with the Commission’s packets. This is the streetlight listed in Hannaford Farms and Settler’s Ridge Annexation Agreements. This will supercede the old double light previously used in Strafford Woods. The difference is the illumination and cost. This light requires a 200’ spacing (the other light option requires 300’spacing) and is called a night sky, which means less than 5% illuminates upward. Most illuminates down. Same light located in LaGrange, IL, just a different color.
Dray stated the Developers are giving 10% in spares. The color, top, finish and maintenance issues of the light were discussed.
Schiber suggested some changes in the wording of the text. Delete ComEd, and use power supply company to nearest pedestal. He also suggested adding an outlet at banner height for banners and/or decorations.
7. Plan Commission/ZBA Action on Petition 05-004 Streetlights with Subdivision Ordinance Text Amendment (Village of Sugar Grove)
A MOTION WAS MADE BY SCHIBER, SECONDED BY BENESCH, THAT THE PLAN COMMISSION/ZBA RECOMMEND TO THE VILLAGE BOARD APPROVAL OF PETITION 05-004, SUBDIVISION ORDINANCE TEXT AMENDMENT 12-11-17: STREET LIGHTING AND SECTION 12-11-20-Q: SCHEDULE OF MATERIALS BE ACCEPTED WITH THE SUGGESTION OF TERMINOLOGY CHANGE FROM COMED TO VILLAGE’S POWER SUPPLY COMPANY AND AN OPTION TO ADD OUTLETS AT BANNER HEIGHT.
ROLL CALL VOTE ON THE MOTION:
AYES: BENESCH, SCHIBER, DRAY, OCHENSCHLAGER, REULAND
NAYS: NONE
ABSENT: KONOVODOFF, SALOGA
7. PLAN COMMISSIONER COMMENTS, PROJECTS UPDATES and MISCELLANEOUS INFORMATION
Prestbury Annexation
A meeting was held last week to determine which streets the Village would accept. Ehlers, the consultant, is updating the figures to reflect the changes. Prestbury Citizens Association is meeting with the Village and Ehlers next week.
Approved unanimously by the Village Board on Tuesday, June 28, 2005 with the PDD text amendment. They approved a 5-lane boulevard for Prairie Street with turning lanes at Route 47. There are staggered dates for the improvements. The levels of service for traffic flows were discussed. There will be a realignment of Prairie Street west of Route 47. Architectural review will be left to Kimball Hill review committee as long as Kimball Hill owns the development. If sold, it defaults to the Village of Sugar Grove. Guest builder guidelines stay with Kimball Hill. The Board gave minimum standards. No Village employee on the Review Board. The look, dimensions, and placement of the well treatment center were discussed. Two park sites were also discussed.
To be approved at the July 5 th Village Board meeting. The Annexation Agreement calls for up to 40 permits per year allowed. Total 96 units. Build out in approximately 2 years.
No updates.
Both to be approved at the July 5 th Village Board Meeting.
Approved at the June 21 st Village Board Meeting.
Approved at the June 21 st Village Board Meeting.
8. ADJOURNMENT
Benesch made a motion, seconded by Reuland, that the meeting be adjourned.
The motion carried unanimously by voice vote.
The meeting was adjourned at 8:04 p.m.
Respectfully submitted,
Holly Baker
Substitute Recording Secretary