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2011-09-07 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 09/07/2011 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION September 7, 2011 Petition to the Village of Buffalo for a variation of Section 16.50/080.A.2.b. of the Village Development Ordinance concerning the width of a driveway apron in the public parkway 475 Thorndale Drive Chairman Smith called the hearing to order at 7:30 p.m. in the Village Council chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Smith read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Smith Mr. Khan Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Ms. Johnson Commissioners absent: Ms. Bocek Also present: Mr. Mark Goldstein, 475 Thorndale Drive Ms. Beverly Sussman, Village Trustee Mr. Mike Terson, Village Trustee Mr. Richard Kuenkler, Village Trustee Mr. Brian Sheehan, Deputy Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Photo of driveway at 475 Thorndale Drive in 1997 Exhibit 2: Photo of unsightly and unsafe rocks at 475 Thorndale Drive Exhibit 3: Petition in support of changes to driveway at 475 Thorndale Drive made August 27, 2011 Exhibit 4: Photo of rocks Exhibit 5: Photo example of driveway expansion at 471 Thorndale Drive Exhibit 6: Photo of driveway at 809 Prairie and 730 Aberdeen Exhibit 7: Photo of driveway at 803 Highland Grove Exhibit 8: Photo of driveway at 810 Prairie Road and 818 Dunhill Exhibit 9: Photo of driveway at 806 Prairie Road Exhibit 10: Photo of driveway at 18 Wakefield Exhibit 11: Photo of unsightly mailboxes at 481 and 487 Thorndale Drive Exhibit 12: Photo of neighbor's unsightly driveway Exhibit 13: Photo of unsightly driveway at 15 Sunridge PETITION TO THE VILLAGE OF BUFFALO GROVE FOR A VARIATION OF SECTION 16.50.080.A.2.B. OF THE VILLAGE DEVELOPMENT ORDINANCE CONCERNING THE WIDTH OF A DRIVEWAY APRON IN THE PUBLIC PARKWAY Mr. Goldstein stated they extended the driveway about 16 years ago to enable their daughter to park her car. They had the landscaper put in some rocks for that purpose. He noted the Village had approached them at one point and he was told it was fine and he did not have to worry about it. That was many years ago. Over the years they replaced rocks as they broke down. He stated the rocks were becoming dangerous due to the children on the block who were play with the rocks and throwing them around. Mr. Goldstein stated when he put in the pavers he actually made the area somewhat smaller and thought he was doing a good thing by making the area level. He noted he sent his petition around to his neighbors to see if they had any problem with his repair. He further noted three other neighbors had gotten notices about violation of the code. He therefore went to the Village to find out what he had done wrong and that is when he was told he should have gotten a permit first. Mr. Goldstein presented various photo exhibits of other properties and the various stages of repairs, disrepair and expansions. He noted that apparently a while back there was an article that had said all repairs prior to this ordinance were grandfathered in. He never saw this article. At this point Mr. Goldstein presented further exhibits noting the size of some of the expansions which well exceeded his reduced expansion. He noted again that he did not think he was changing anything rather just repairing what was needed. He noted he called the Village numerous times because he has never wanted to do anything wrong. The other people on his street never responded to the notices sent by the Village and never had a problem. Mr. Goldstein stated his intentions have been to only repair the base that still exits under the pavers. Commissioner Khan asked when the concrete section of the driveway was put in. Mr. Goldstein stated about 16 years ago. Mr. Khan asked if the extended section of driveway was still being used for parking. Mr. Goldstein stated yes. Mr. Khan asked if Mr. Goldstein had more than two cars. Mr. Goldstein stated they had only two cars but they have two grandchildren and they and their son come over all the time and the section is definitely used. Commissioner Myer asked what some of the dimensions might be on the other expanded driveways in the area. Mr. Goldstein stated he only has the pictures of some of the driveways that are larger. Commissioner Myer noted that Mr. Goldstein does have a fair amount of green expanse to the right of the expansion in contrast to some of the neighbors. Mr. Goldstein stated that was partly why he reduced the size of the expansion and he also moved his sprinkler system because they wanted to have some greenery. Commissioner Myer asked how he felt about the Village's permitting process. Mr. Goldstein stated he has always been very respectful of the process especially because he has owned other properties in the Village and has always tried to do things right. He called the contractor and tried to get them in here. But he does feel somewhat upset about being the only one on the block to be summoned in especially since he was the only one who took the time to do his due diligence. He said he feels the permit process is very important and he tries his best to keep his property well kept and beautiful. Commissioner Stark asked Mr. Goldstein who turned him in. Mr. Goldstein said he was told that someone goes around complaining about many things. He does not feel this person was aware of the fact that he had this already there. He feels this person may have been upset that someone was putting in stones and did not realize it had been there for 16 years. Commissioner Stark asked if this would now be promoting many other problems to come forward to the Plan Commission like this. Mr. Pfeil said it is possible that others have been legally grandfathered. The regulations were changed a couple of years ago, but this doesn't necessarily mean that property owners with non-conforming aprons would have to file for a variation. . Commissioner Stark noted that even though this apron had been in place beforehand, it was just that improvements were made that triggered this variation process. Mr. Sheehan stated that driveways that already existed were going to be grandfathered in and allowed to remain as is until any repairs or modifications were made at which time they would have to be brought into compliance. There are many out there that are not in conformance and he could not actually say that some had not been changed since then. The Village addresses non-conforming properties when it is aware of modifications that have been made without a permit. Mr. Goldstein noted that perhaps it would have been a good idea to send letters or something to those who had been grandfathered in and told so that they would be aware of this. Commissioner Cohn stated he remembers the Plan Commission's role in drafting the Zoning Ordinance amendments, and he knows the intent was not to have a situation like this. There may be many others who are trying to do the right thing and it is impractical to have them all come to the Plan Commission for variations. He said he is most concerned with the arbitrariness that can occur or that the ordinance is defective. He asked how the Village can deal with this. He understands the goal is to bring these things back into compliance with the specific requirements of the ordinance but it seems that if someone has something that exists and they create something that improves what is there that should be allowed to happen. Are we going to treat everyone in this situation in the same way and are we just going to do this week after week which will not work. It does not seem fair that someone trying to do the right thing is here and everyone else is not. Mr. Sheehan stated they have had people who have done expansions or are in the process of doing them without a permit when it is brought to the Village's attention. There are also people who have brought their driveways into conformance. He noted he cannot say for sure that the Village will know about every non-conforming situation modified without a permit. The Village acts on what staff sees in the field and on complaints. This situation was brought to his attention by someone on this block. Commissioner Cohn asked if it is appropriate in every situation where someone has done this to require that it become undone. Mr. Sheehan noted that once something is changed it is a trigger throughout all building codes, sign codes and all the codes. Commissioner Cohn asked if that encourages people to allow their situations to deteriorate and not repair them at all. Mr. Sheehan stated that is a potential. Commissioner Cohn asked if Mr. Sheehan has seen that happen that since we have this ordinance now people are allowing their non-conforming widened driveways to deteriorate further than they otherwise would have because they are afraid they will have to bring them into compliance. Mr. Sheehan stated he has seen some pictures of some that are badly deteriorated but why that is occurring he does not know. Chairman Smith inquired if the Village has sent letters to the people who have driveways or aprons that are not in compliance. Mr. Sheehan stated that since the Zoning Ordinance was amended, every driveway permit that is issued is photographed at the final inspection and added to the Village's records as base information that can be reviewed to determine if any subsequent modifications have been done. He stated they do not have a complete list of all non-conforming driveways. He noted that the Village could do another information program with letters to property owners, newsletter articles and website postings, but it's difficult to be sure that everyone has received and acknowledged the information. Chairman Smith said he thinks that if residents received letters they would read them, so it seems like a good idea to provide information in this manner. Commissioner Weinstein asked if there were any changes made to the driveway on the property. Mr. Goldstein showed a picture of some pavers he put in so that it looked consistent with the apron. Commissioner Weinstein noted that there was no expansion to the cement driveway which is 25 feet and has been there for 16 years. He asked how wide the area was. Mr. Goldstein stated it was probably another foot wider and he just put seed and grass over it. Commissioner Weinstein stated it is not good to set a precedent because once they start granting variations it is hard to tell other people they cannot get a variation. Mr. Goldstein noted that he does feel that they were somewhat targeted because other people who got notices of violation and did not respond got away with it. Commissioner Cohn asked if Mr. Goldstein had received any direct notice from the Village from the time the ordinance became effective and the time he made the changes. Mr. Goldstein stated no and that is why he stated he missed the article that apparently ran in the paper. Mr. Sheehan noted it was an article in the village newsletter. Commissioner Khan asked if it would be fair to say that this portion of the driveway was not used 99 percent of the time. Mr. Goldstein stated they do have a car on there at least 3 to 4 days per week and this is because his children come often and drops off her children and they would have to move the car all the time. The street is not in great shape and somewhat narrow and yes, they do use the spot on a frequent basis. Commissioner Khan asked Mr. Sheehan how many non-conforming driveways there may be. Mr. Sheehan stated he is not personally aware of any driveways that may have been modified since the ordinance that have not been addressed by the Village. Commissioner Khan asked if any other letters have been sent to any residents that their driveway and apron are illegal. Mr. Sheehan stated yes. Commissioner Cohn asked if the Village has ever made a resident undo an improperly repaired non-conforming use. Mr. Sheehan stated he has just finished one on Redbud. They were putting in a driveway at 18 feet at the sidewalk and the existing driveway below the sidewalk was at 16 feet and flare out to 23 feet which is not in conformance. After conversations with the contractor and homeowner they decided to cut down the driveway to 21 feet at the curb and expand it from there up to the 18 feet at the sidewalk. Commissioner Cohn asked what were the similarities to this present property. Mr. Sheehan stated he cannot think of any with the exact same similarities. Commissioner Cohn asked about the two neighbors of Mr. Goldstein. Mr. Sheehan stated one of the neighbors on the list was actually using pavers for repairs in the back of his house. Mr. Goldstein reiterated there was one neighbor who had been told not to do it but went ahead and did it anyway. He also noted he kept calling the Village consistently to try to ensure he was not doing anything wrong. Commissioner Weinstein asked if there was any reason that it would cause Mr. Goldstein any hardship if he was asked to make the change if the Village required it. Mr. Goldstein stated yes. He noted he would have to change his sprinkler system and then pay for that repair and remove his basketball net. It would cost him thousands. Chairman Goldstein asked if the signatures on the petition were signed by everyone or if anyone refused. Mr. Goldstein stated no. There being no further comments or questions from anyone else present, Chairman Smith closed the public hearing at 8:25 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 09/07/2011 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION September 7, 2011 475 Thorndale Drive Variation of Development Ordinance concerning driveway apron width and taper in the public parkway Village Zoning Ordinance - Consideration of amendments concerning The storage and sale of propane at commercial properties — Workshop #2 Chairman Smith called the meeting to order at 8:25 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Smith Mr. Khan Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Ms. Johnson Commissioners absent: Ms. Bocek Also present: Mr. Mark Goldstein, 475 Thorndale Drive Ms. Beverly Sussman, Village Trustee Mr. Mike Terson, Village Trustee Mr. Richard Kuenkler, Village Trustee Mr. Brian Sheehan, Deputy Mr. Robert Pfeil, Village Planner Mr. Marty Sussman Moved by Commissioner Weinstein, seconded by Commissioner Myer to approve the minutes of the regular meeting of July 6, 2011. This is for approval of the portion of the minutes that do not include the proposed Chase Bank facility. All Commissioners were in favor of the amended motion and the motion passed unanimously. Moved by Commissioner Stark, seconded by Commissioner Myer to approve the minutes containing the Chase Bank facility portion. All Commissioners were in favor of the motion with Commissioner Weinstein abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Stark attended the Village Board meeting on July 25, 2011; the Board appointed Commissioner Denice Bocek as the Vice Chair of Plan Commission, and Commissioner Zill Khan as secretary of the Plan Commission. It was also announced that there are volunteer opportunities for service to the Village, including an opening on the Plan Commission. Residents interested in serving can submit an application to the Village Talent Bank. The Board approved an ordinance granting a special use to Xtreme Trampolines to operate a recreation facility in the Industrial District. 475 THORNDALE DRIVE—VARIATION OF DEVELOPMENT ORDINANCE CONCERNING DRIVEWAY APRON WIDTH AND TAPER IN THE PUBLIC PARKWAY Moved by Commissioner Weinstein, seconded by Commissioner Myer to recommend approval to the Village Board of the petition by Mark Goldstein for a variation of Section 16.50.080.A.2.b. of the Village Development Ordinance concerning the width of a driveway apron in the public parkway for the property at 475 Thorndale Drive, Buffalo Grove. Commissioner Khan noted the point in favor of the request is that Mr. Goldstein already had rocks at the same location with the same dimensions, and he has improved the apron by replacing the rocks with pavers. He stated this should be treated as legal non-conforming and he will vote in favor of the request. Commissioner Cohn stated in administrative law there are rules administered and enforced by regulatory agencies. The agencies must enforce the rules uniformly. He stated that the current case regarding 475 Thorndale seems to be a situation where the resident did not have adequate information concerning the Village's regulations and policies, and there may be other property owners with similar non-conforming aprons. He said that Village staff and Trustees need to figure out a way to ensure uniform administration and enforcement of the ordinance for non-conforming aprons and driveways. There appears to be a lack of communication by the Village to residents concerning the regulations. He is not convinced that there is a mechanism in place now to deal with the problem. It would be unfair to treat one property owner one way and others another way. From that you have a hardship that is endured by someone who is an upstanding member of the community who goes above and beyond to do the right thing and gets caught up in this jam. He will vote in favor of the variance, but the Village needs to evaluate ways to minimize the potential for future variation requests by other properties owners with similar circumstances. Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Khan, Stark, Cohn, Myer, Weinstein, Johnson, Smith NAYS: None ABSENT: Bocek ABSTAIN: None The motion passed 7 to 0. VILLAGE ZONING ORDINANCE — CONSIDERATION OF AMENDMENTS CONCERNING THE STORAGE AND SALE OF PROPANE AT COMMERCIAL PROPERTIES—WORKSHOP#2 Mr. Pfeil noted that since the July workshop on this topic a letter has been received from Walgreens concerning the justification for propane sales their stores. The current zoning regulations limit propane sales and storage to gasoline service stations and properties in the B4 District. One issue that has previously been raised by the Plan Commission is whether there is a documented need to expand the supply to serve the demand for this product in the community. If more points of sale are allowed at locations including retail stores, issues relating to safety and aesthetics would need to be addressed. Safety standards and other codes would be reviewed and enforced by the Village Fire Department and Building and Zoning Department. Mr. Pfeil commented that regulations allowing points of sale at retail stores should include a review process to ensure that pedestrian access is maintained on sidewalks adjacent to the storage cages, and to evaluate the appearance of the storage cages and signage. Chairman Smith asked the reasoning for the limitation to gas stations and the B-4 District when the current regulations were developed. Mr. Pfeil said that there were concerns about safety and proper management of the storage facilities. The Fire Department provided input to address proper storage at appropriate locations and protection from accidents, particularly relating to motor vehicles. Chairman Smith asked if there have been a flood of calls from people requesting more propane locations. Mr. Pfeil stated he has not personally had any calls from residents asking for more locations to buy propane. Mr. Tony Crawley, Distribution Manager for Blue Rhino Propane of Illinois stated in January of 2011 they became the national provider for Walgreens in the Illinois and Wisconsin territory. They have added about 400 stores and in the month of July alone those 400 stores equaled 18,000 plus cylinders. When you break it down to a demand number the average store in the drug category it is anticipated they sell approximately 63 cylinders per month which is about 700 cylinders per year. The reason why it would be important to have propane here in Buffalo Grove is because Walgreens also has national advertisements. Therefore if they have propane in Buffalo Grove it allows them to capitalize on the advertising they put into place. He stated he believes people would come in requesting that product because they see it in the paper. Mr. Justin Ronnie of the Walgreens store at 15 Buffalo Grove Road stated he has been at the store about year and a couple of people come in every month asking for it. Commissioner Myer asked if it part of Walgreens corporate strategy that at Walgreens locations this product be provided. Mr. Ronnie stated it is frequently put into ad papers on sale and so on. Commissioner Weinstein asked Mr. Crawley if approval has been requested in Vernon Hills. Mr. Crawley stated the matter is under review. Commissioner Weinstein asked if there is any other type of cage that might blend in with the background or the building or any other type of material that would be less of a contrast to the Walgreens building. Mr. Crawley stated the design of the cage is what it is but what they have done in some cases is painted the cages to match the exterior of the buildings they are at. Commissioner Weinstein asked if there have been any problems with locating the cages underneath windows of the structure. Mr. Crawley stated no. Commissioner Weinstein noted that some of these cages located in gas stations have pylons put between the parking area and the cages which he presumes are there intentionally to prevent cars from driving into the cages. He asked if that is typical. Mr. Crawley stated the NFPA noted that if a propane display is set on the curb it needs to be at least 5 feet from the edge of curb and if it is not it must be protected by some kind of crash protection device. Commissioner Cohn asked if 5 feet is enough or is that just what is required by the code. Mr. Crawley stated that is what the code requires and from his experience he does believe that is enough. Commissioner Cohn asked if he was familiar with any incidence where there was an unprotected cage that was more than 5 feet from the curb that got hit. Mr. Crawley stated it happens but it is more the exception than the rule. Commissioner Cohn asked if the Village were to require more regardless of the distance from the curb would that be an issue. Mr. Crawley stated absolutely not. Commissioner Cohn noted Walgreens has listed a bunch of Villages and municipalities proximate to Buffalo Grove that allow this. He asked if any of these towns had to modify their ordinances to allow this use at the Walgreens. Mr. Crawley stated the one he is certain where the amendment has been changed is in Glenview. The ordinance changed there was the actual amount of propane that can be stored. Mr. Pfeil indicated that if the Commission wants to proceed with Zoning Ordinance amendments, the next step would be review of the draft text at a public hearing. Commissioner Cohn asked what the reason why this was originally specifically banned in the business districts. Mr. Pfeil commented that the product is regulated in terms of storage and safety, so it has to be handled with more care than many other products at retail stores. Also, storage of products outside of retail stores is generally allowed only for temporary seasonal merchandise. Commissioner Cohn asked if there has been any improvement to safety or new regulations that have come down that have improved the status quo that makes this now something that people would look at differently from the Village. Mr. Sheehan noted that the zoning regulations were initially modified when these type of exchanges for propane containers were first made available to customers. NFPA came forward with regulations, and there have not been a lot of safety problems. Commissioner Cohn noted therefore that there is new industry regulations that people are conforming to that are acceptable. Chairman Smith asked if there would be other businesses allowed to have this if we allowed it here. Mr. Sheehan noted it would depend on the specific location. There are some stores that have expressed an interest in this but would not be allowed based on the design of the building. There are requirements such as the distance from windows and doors. Mr. Sussman asked how close storage cages could be to an entrance door of a building. Mr. Crawley noted that if a store has only one door then it must be at least 10 feet away from the door. But if there are two points of egress then it must be at least 5 feet away. Mr. Sussman asked if storage cages would block sidewalk routes for handicapped accessibility. Mr. Crawley stated the sidewalks at Walgreens have a width of more than 5 feet. The depth of the cage is 29 inches, so there is a path of 2 feet where someone can easily get through. The cages can be installed in a manner that allows enough room for a wheelchair to pass. All commissioners were in favor of a public hearing. Commissioner Weinstein noted he would, however, be interested in requirements about the NFPA and perhaps expanding on those minimums depending on the situation. Secondly, distance from a door might need to be more than 5 feet. In addition, if there is anything to be done to appearance without making it cost prohibitive it would be a plus. Commissioner Cohn asked if there is an opportunity as part of an ordinance to approve these on a case by case basis. Mr. Pfeil said the best approach may be to require a specific review for each request to evaluate the details concerning safety, pedestrian access and appearance. He noted that aesthetics need to be looked at very carefully as well as safety. Pedestrian access is very important adjacent to stores to avoid situations where people have to walk around obstructions on the sidewalk. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil said the next meeting would probably be October 5, 2011. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT Mr. Pfeil noted that the American Planning Association is offering a training session on October 6 in Evanston for plan commissioners. The Village will pay the registration fee for commissioners who want to attend. Mr. Pfeil said that the RTA is initiating a program to work with Buffalo Grove and several other communities to review zoning and design guidelines for the areas around transit facilities including Metra stations. The RTA is interested in helping communities implement plans relating to transit oriented development. A consultant will be retained to work with the communities in evaluating current zoning and design guidelines and possible modifications to encourage appropriate development. NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Weinstein, seconded by Commissioner Myer and carried unanimously to adjourn. Chairman Smith adjourned the meeting at 9:00 p.m. Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Chair MEMO TO: Plan Commission FROM: Robert E. Pfeil,Village Planner DATE: September 30, 2011 SUBJECT: Minutes of Regular Meeting, September 7, 2011 The draft minutes distributed in the hardcopy packet on September 30th include only the portion pertaining to the driveway apron at 475 Thorndale Drive. The complete set of minutes for the Regular Meeting will be distributed prior to the October 5 meeting. Robert E. Pfeil, Village Planner