Kendall County Zoning Board of Appeals met April 30.
Here is the minutes provided by the Board:
Call To Order:
Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:07 p.m.
Roll Call:
Members Present: Karen Clementi, Tom LeCuyer, Randy Mohr, Dick Thompson, and One Vacancy
Members Absent: Scott Cherry and Dick Whitfield
Staff Present: Matthew Asselmeier, AICP, Senior Planner
Public: Robert Davidson and Ramon Martinez
Minutes:
Ms. Clementi, seconded by Mr. Thompson, moved to approve the April 2, 2018, meeting minutes. With a voice vote of all ayes, the motion was approved.
Petitions:
18 – 03 – Kendall County Planning, Building and Zoning Committee
Request: Text Amendments to Sections 4.17.H, 7.01.D.53.b.vi, 8.08.B.2.h, 10.01.C.27.b.vi, 11.02.C, 11.02.D, 11.04, 11.04.A, 13.01.C, 13.07.B, 13.07.C and 13.08.C of the Kendall County Zoning Ordinance by Removing the Requirements for the Zoning, Platting and Advisory Committee and the Kendall County Regional Planning Commission to Meet and Issue Recommendations on Proposed Map Amendments, Special Use Permits, Major Amendments to Special Use Permits, and Text Amendments on Matters Not Involving the Powers and Duties of the Zoning, Platting and Advisory Committee or the Kendall County Regional Planning Commission and Related Zoning Text Citation Amendments
Purpose: Text Amendments Remove the Requirements for the Zoning, Platting and Advisory Committee and the Kendall County Regional Planning Commission to Meet and Issue Recommendations on Proposed Map Amendments, Special Use Permits, Major Amendments to Special Use Permits, and Text Amendments on Matters Not Involving the Powers and Duties of the Zoning, Platting and Advisory Committee or the Kendall County Regional Planning Commission and Related Zoning Text Citation Amendments. Individual Members May Still Submit Comments on These Types of Proposals
Mr. Asselmeier reported that proposal was sent back to the Planning, Building and Zoning Committee at the request of the Kendall County Regional Planning Commission and Comprehensive Land Plan and Ordinance Committee.
Chairman Mohr asked about the authority of the Comprehensive Land Plan and Ordinance Committee in requesting a layover. Mr. Asselmeier said that the Comprehensive Land Plan and Ordinance Committee is not part of the adoption process.
Discussion occurred regarding initiating a public hearing, recessing a public hearing, and then receiving comments from applicable municipalities and townships.
This matter will be laid over until after the May Planning, Building and Zoning Committee.
The Zoning Board of Appeals started their review of Petition 18-11 at 7:27 p.m.
At this time Chairman Mohr swore in those members of the public that wished to speak on the petitions.
18 – 11 – Elva Rocha (Owner) and Ramon Martinez (Lessee)
Request: Variances to Section s 4.05.E, 4.05.F, 11.02.F.7 of the Kendall County Zoning Ordinance
Allowing the Construction of a Detached Accessory Structure to be 166% the Size of the Primary Structure and be 20.5 Feet in Height and to Allow the Driveway to be 3.5 Feet from the Eastern Property Line
Pin: 03-05-454-023
Location: 16 Curtmar Court, Montgomery (Boulder Hill) in Oswego Township
Purpose: The proposed new garage would be twenty point five feet (20.5’) in height. The maximum building height for an accessory structure is fifteen feet (15’).
The proposed new garage would be one thousand nine hundred forty-four (1944) square feet in size. The new garage would be approximately one hundred sixty-six percent (166%) the size of the existing house which is one thousand one hundred seventy-five (1175) square feet in size and greater than seventy percent (70%) the size of the house.
The proposed driveway would extend to approximately three point five feet (3.5’) of the east side property line; the driveway cannot be closer than five feet (5’) without a variance.
Mr. Asselmeier summarized the request.
The owner of the subject property, Elva Rocha, leases the property to her brother, Ramon Martinez.
Mr. Martinez would like to demolish the existing five hundred eighty-six (586) square foot garage and construct a one thousand nine hundred forty-four (1944) square foot garage in approximately the same location as the existing garage. He would like the garage to store his 18-wheeler and to work on his vehicles. The subject property is zoned R-6 One Family Residence District.
The construction of the proposed garage requires the following three (3) variances:
1. The new garage would be twenty point five feet (20.5’) in height. The maximum building height for an accessory structure is fifteen feet (15’).
2. The new garage would be one thousand nine hundred forty-four (1944) square feet in size. The new garage would be approximately one hundred sixty-six percent (166%) the size of the existing house which is one thousand one hundred seventy-five (1175) square feet in size. An accessory structure in the R-6 District can only be seventy percent (70%) the size of primary structure.
3. The proposed driveway would extend to approximately three point five feet (3.5’) of the east side property line; the driveway cannot be closer than five feet (5’) without a variance.
The subject property is inside the Boulder Hill Subdivision. The surrounding land uses are mostly residential.
Oswego Township was emailed this proposal on March 27, 2018 and no comments have been received.
The Village of Montgomery was emailed this proposal on March 27, 2018 and no comments have been received.
No weight restrictions exist on streets in Boulder Hill.
The local fire protection district did not submit comments on the proposal.
If this variance is approved, Staff recommends the following restrictions be placed on the variance to allow for the construction of a new detached garage twenty point five feet (20.5’) in height requiring a variance of five point five feet (5.5’); the size of the garage shall be one thousand nine hundred forty- four (1944) square feet in size and one hundred sixty-six percent (166%) the size of the existing house which is one thousand one hundred seventy-five (1175) square feet in size requiring a variance of ninety-six (96) percentage points; the proposed driveway would extend to approximately three point five feet (3.5’) of the east side property line requiring a variance of one point five feet (1.5’):
1. The site shall be developed in accordance with the attached site plan.
2. The Petitioner or Lessee shall secure all applicable permits prior to using the garage.
3. The Petitioner and any Lessees of the property shall use the garage for personal use only; no business shall be operated inside the garage or on the subject property without securing a home occupation affidavit from the Kendall County Planning, Building and Zoning Department.
Mr. Asselmeier noted that the certificate of publication and green cards were on file in the Planning, Building and Zoning Department Office.
Chairman Mohr opened the public hearing at 7:31 p.m. At this time Chairman Mohr swore in those members of the public that wished to speak on the petition.
Ramon Martinez, Petitioner, stated that he plans to park his eight (18) wheeler, cars, and mowers in the proposed garage.
Ms. Clementi asked where the truck was parked normally. Mr. Martinez responded that he keeps the truck parked at a lot at his work; he pays to park at that location.
Mr. Martinez said that the truck would be parked at the property on weekends.
Discussion occurred about the residential nature of the neighborhood. Mr. Martinez would park just the truck and not the semi. He stated that other people park similar vehicles in their driveways.
Chairman Mohr asked why the building needed to be twenty feet (20’) in height. Mr. Martinez responded the overhead door needed the height for the clearance of the door.
Mr. LeCuyer asked what was in the back of the lot. The area in question is a Commonwealth Edison right-of-way.
The proposed dimension of the building is thirty-six feet x fifty-four feet (36’x54’).
There was no written correspondence related to this request; there was one (1) phone call from a neighbor expressing their opposition to the request.
Chairman Mohr adjourned the public hearing on this matter at 7:38 p.m.
Ms. Clementi noted that her home is not in the notice area, but is visible in one (1) of the pictures. She stated that Curtmar Court is in poor condition and she expressed concerns regarding the impact of such a vehicle on the roads. She expressed concerns about the resale of the property if the garage is approved. She believes the garage will be unsightly and she believes that the garage is an inappropriate use for the R-6 Zoning District.
Chairman Mohr expressed concerns that a future property owner may convert the building to a business use.
There are no covenants in Boulder Hill, to the knowledge of the Planning, Building and Zoning Department.
Ms. Clementi agreed that semis are parked in driveways throughout Boulder Hill. She did not want to condone that activity.
Discussion occurred regarding the driveway variance. The curve of the driveway would encroach in the setback. Chairman Mohr stated that he was not opposed to the driveway variance. Ms. Clementi stated that older parts of Boulder Hill have zero (0) lot lines and she is not opposed to the side yard variance; she is opposed to the size and height variance request.
Ms. Clementi made a motion, seconded by Mr. LeCuyer, to amend the 5th Finding of Fact to read “The proposed garage may block light or air from adjacent properties. The proposed garage may cause an increase in congestion on public streets. The proposed variance may diminish property values in the area. Provided the garage is constructed to the building code, no increase of fire or public safety concerns are anticipated by this proposal.”
The votes were as follows:
Ayes (4): Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (2): Cherry and Whitfield
The motion passed.
Mr. LeCuyer made a motion, seconded by Mr. Thompson, to approve the Findings of Fact as amended.
The votes were as follows:
Ayes (4): Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (2): Cherry and Whitfield
The motion passed.
Ms. Clementi, seconded by Mr. LeCuyer, made a motion to approve the variances as requested.
The votes were as follows:
Ayes (0): None
Nays (4): Clementi, LeCuyer, Mohr, and Thompson
Absent (2): Cherry and Whitfield
The motion failed. The variance request is denied.
The Zoning Board of Appeals concluded review of Petition 18-11 at 7:58 p.m.
18 – 13 – Kendall County Planning, Building and Zoning Committee
Request: Text Amendments to Sections 3.02, 4.18, 7.01.D, 8.02.C, 8.03.H.1, 8.09.B, 9.02.C, 9.03.C, 9.04.C, 9.05.C, 9.06.F, 9.07.C, and 10.03.B of the Kendall County Zoning Ordinance by Amending Kendall County’s Solar Panel Zoning Regulations
Purpose: Text Amendment Defines Types of Solar Panel Usage and Solar Panel Equipment, Amends the Zoning Regulations for Accessory Use of Solar Panels, and Adds Requirements for Solar Gardens and Solar Farms.
Mr. Asselmeier reported that the Planning Commission requested additional time to review proposed regulations. Mr. Asselmeier will email Zoning Board of Appeals members copies of the proposal in its current form.
New Business/Old Business:
Presentation of Amendments to the Title, Article I-Section 3, Article II-Section 1, Article III-Section 6, Article VII-Sections 7, 8, and 9, and Article X of the Kendall County Zoning Board and Special Use Hearing Officer General Rules and By-Laws to Reflect the Transfer of Special Use Related Applications and Hearing from the Special Use Hearing Officer to the Zoning Board of Appeals as Approved by the Kendall County Board through Ordinance 2018-04 and Related Citation Amendments
With the adoption of Ordinance 2018-04, amendments to various sections of the Zoning Board of Appeal’s Bylaws were presented. The amendments are required to remove conflicts between the Bylaws and the Zoning Ordinance.
Review Of Petitions That Went To The County Board:
Mr. Asselmeier reported that Petition 17-29 regarding the notification requirements for special use permits in the A-1 District was approved by the Board. Special use permit applications on A-1 zoned property will have to notify neighboring property owners up to seven hundred fifty feet (750’). Non A-1 zoned properties desiring a special use permit will only have to notify adjoining property owners. The new amendment does not apply to map amendments or variances; the notifications requirements remain unchanged.
Mr. Asselmeier reported that Petition 18-05 regarding the Warpinski map amendment on Walker Road did not go to the Board because Kendall Township did not respond in writing to requests about filing a formal objection.
Public Comment:
Chairman Mohr requested that the vacancy on the Zoning Board of Appeals be filled promptly.
Mr. Asselmeier reported that a map amendment application on Route 71 south of Timbercreek Drive in Kendall Township, a special use permit for solar panels on Newark Road in Big Grove Township, and a special use permit for a banquet facility on Route 30 outside Montgomery in Bristol Township will be on the agenda for the June meeting.
Adjournment Of The Zoning Board Of Appeals:
Mr. LeCuyer, seconded by Ms. Clementi made a motion to adjourn. By voice vote of all ayes, the motion passed unanimously. The Zoning Board of Appeals meeting adjourned at 8:04 p.m.
https://www.co.kendall.il.us/wp-content/uploads/Kendall-ZBA-Minutes-4-30-18-Approved-Complete.pdf
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