2019-01-16 - Planning and Zoning Commission - Agenda Packet
Meeting of the Village of Buffalo Grove
Planning and Zoning Commission
Regular Meeting
January 16, 2019 at 7:30 PM
Fifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
I. Call to Order
II. Public Hearings/Items For Consideration
1. Consider Approval of a Variation for a Recreational Vehicle (Pop -Up Camper) at 156
Ironwood Ct (Trustee Ottenheimer) (Staff Contact: Chris Stilling)
2. Consider Approval of a Special Use for a Fitness Facility at 1350 Abbott Court (Trustee
Stein) (Staff Contact: Chris Stilling)
III. Regular Meeting
A. Other Matters for Discussion
B. Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Dec 19, 2018 7:30 PM
C. Chairman's Report
D. Committee and Liaison Reports
E. Staff Report/Future Agenda Schedule
F. Public Comments and Questions
IV. Adjournment
The Planning and Zoning Commission will make every effort to accommodate all items on the
agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of
matters to another meeting should the discussion run past 10:30 p.m.
The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that
persons with disabilities, who require certain accommodations to allow them to observe and/or
participate in this meeting or have questions about the accessibility of the meeting or facilities,
contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable
accommodations for those persons.
Updated: 1/11/2019 11:31 AM Page 1
Action Item : Consider Approval of a Variation for a Recreational
Vehicle (Pop-Up Camper) at 156 Ironwood Ct
Recommendation of Action
Staff does not recommend approval of the request. Staff believes that the petitioner has not met the
standards for a variation and that the property can accommodate the pop-up camper in a manner and
location that meets Village Code.
The Petitioner at 156 Ironwood Ct has filed a petition to allow for a variation to store a pop -up camper in
the rear yard in the northeast corner year round. Additional information can be found in the attached staff
report.
ATTACHMENTS:
Staff Report (DOCX)
Plan Set (PDF)
Trustee Liaison Staff Contact
Ottenheimer Chris Stilling, Community Development
Wednesday, January 16,
2019
2.1
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VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: January 16, 2019
SUBJECT PROPERTY LOCATION: 156 Ironwood Ct
PETITIONER: Michael Leissner
PREPARED BY: Rati Akash, Planner
REQUEST: A variation to allow for the storage of a recreational vehicle
(pop-up camper) to be stored on an unapproved hard surface
(grass) in the rear yard.
EXSITING LAND USE AND ZONING: The property is improved with a single-family home and is
zoned R4.
COMPREHENSIVE PLAN: The 2009 Comprehensive Plan calls for this property
to be single family detached housing.
BACKGROUND
The new RV Ordinance took effect on August 1, 2018 which regulates single-family properties to store one (1) RV
on a driveway from May 15th to September 30th. At all other times of the year, the outside storage of a RV is
allowed in the rear and/or side yard of a lot and it must meet the zoning setbacks. The RV shall also be screened
from public view (landscaping or fencing) and parked on a hard surface (asphalt, pavers, etc.). The RV shall also
be screened from public view (landscaping or fencing) and parked on a hard surface (asphalt, pavers, etc.).
The Petitioner Michael Leissner at 156 Ironwood Ct has filed a petition to allow for a variation to store a pop-up
camper in the rear yard in the northeast corner year round. This pop-up camper came to the Village’s attention
only when a complaint was received from the neighbor adjacent to where the pop-up is located.
PLANNING AND ZONING ANALYSIS
Timeline of Events
The Village received a complaint concerning the
storage of the pop-up camper on the property at
156 Ironwood Court.
In early October 2018, a notice of violation was sent
to the Petitioner regarding a complaint received for
the pop-up camper parked in the rear yard. The
letter listed the violations and gave the Petitioner
21 days to comply.
2.1.a
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In late October 2018, the Petitioner made contact with
the Village seeking ways to keep the pop-up in the
existing location in the rear yard. Staff explained that
the only way to keep the camper in the current
location was to seek a variation. Additionally, staff
discussed other alternative locations to store the pop-
up camper which complies with the RV Ordinance. As
shown, the areas in orange represent the permitted
storage locations, provided that the required screening
and surface are provided. The area in yellow is the
current location of the camper.
Following a pre-application meeting with the Petitioner
in November, the Petitioner filed the necessary documents and payment for the variation in mid-
December.
Size and Usage
The petitioner has indicated that they have stored the
pop-camper in the rear yard for several years, and it’s
used for camping purposes only. The pop-up camper is
taken out couple of times in a year.
The pop-up camper measures approximately 7’-2” in
width, 15’-2” in length including the hitch, and 4’-2” in
height based on staff’s measurements. The size of the
pop-up camper is within the permissible size outlined in
the RV regulations.
Location and Storage
The Petitioner is requesting a variation to store the pop-
up camper in the rear yard all year round. The pop-
camper in the northeast corner of the site is setback
approximately 5’ from the rear property line to avoid
being located on a utility easement.
The subject property has a two car garage and the pop-
up camper can fit into the garage. The Petitioner wishes
to park the two cars inside the garage instead.
The pop-up camper is parked on grass, which is an
unapproved hard surface. The pop-up camper is parked
in the northeast corner of the site between two trees.
The RV regulations require RV’s to be parked on an
approved hard surface such as asphalt, pavers, concrete,
etc.
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Screening
The pop-up camper is screened by a 5’-0” open scalloped
fence separating the neighbor’s property at 2302 Crab
Apple Terrace at the rear property line. The fence is in
poor condition and the Petitioner mentioned about
making arrangements to replace this fence in the near
future.
Variations requested
1. As outlined in the RV regulations, the pop-up camper can only be stored within the building setbacks for
each specific zoning district. In this case, the pop-up camper is supposed to be setback 40’ from the rear
lot line to be within the building setback. As proposed, it is setback approximately 5’ from the rear lot
line and encroaches 35’ into the rear yard setback.
2. The RV regulations require RV’s to be parked on an approved hard surface such as asphalt, brick pavers,
concrete, or similar materials resulting in a dust free surface. In this case, the pop-camper is parked on
grass, which is not an approved hard surface.
DEPARTMENTAL REVIEWS
Village Department Comments
Engineering The Village Engineer has reviewed the location of the pop-up camper
and has no issues as it is parked away from the utility line.
SURROUNDING PROPERTY OWNERS
Pursuant to Village Code, the surrounding property owners within 250’ were notified and a public hearing sign
was posted on the subject property. The posting of the public hearing sign and the mailed notifications were
completed within the prescribed timeframe as required. As of the date of this report, two calls were received
inquiring about the request. Furthermore, staff has received correspondence (attached) from the neighbor
located behind the property objecting to the request.
STANDARDS
The Planning & Zoning Commission is authorized to grant variations to the regulations of the Zoning Ordinance
based upon findings of fact which are made based upon evidence presented at the hearing that:
1. The property in question cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations of the zoning district in which it is located except in the case of
residential zoning districts (not applicable in this case);
2. The plight of the owner is due to unique circumstances;
3. The proposed variation will not alter the essential character of the neighborhood.
The petitioner has provided a written response to the standards for a variation, which are included in this
packet.
2.1.a
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STAFF RECOMMENDATION
Staff does not recommend approval of the request. Staff believes that the petitioner has not met the standards
for a variation and that the property can accommodate the pop-up camper in a manner and location that meets
Village Code.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the
variation. The PZC shall make a final decision on whether or not to approve or deny the variation. Should the
variation be denied by the PZC, the Petitioner may appeal the decision to the Village Board.
2.1.a
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We are requesting a variance to the RV code for our 1996 Palomino pop-up camper that is 7 feet wide,
13 feet long, and 4 feet high. It currently resides at 156 Ironwood Court, in the northeast corner/back
yard portion of our 12,000+ square foot lot. Nestled between two 40-foot-tall Blue Spruce trees, it is not
visible from Ironwood Court in the front, or Crab Apple Terrace in back, nor from Google Earth above. It
is currently, partially visible to some of our three back yard neighbors due to the dilapidated fence that
we are in the process of replacing as time and money allows.
According to the parameters of the set-backs of the new code, there are three places on our large lot
that we could store the camper: on the west/left side of the house, in the back/north side of the house,
and the east/right side of the house. These spaces are highlighted in orange in exhibit A. However, none
of these spaces are viable for the following reasons: The west side space is in front of the fence, thus the
camper would be visible from the street, not to mention it is currently thick ground cover and shrubs.
The east side is not big enough, thus would require a variance as well, and would block the side door to
the garage and window to the family room. The back yard space- the only area big enough for the
camper to fit is the patio, the smaller area is where the air conditioner, electric and cable enter the
house, as well as 2 window wells.
We are willing and able to replace the fence to a suitable condition, or make it taller, or shadow picket,
or something else, behind the area where the camper is now. That would better block the view of the
camper to our back yard neighbors. Even though that area has been dirt or weeds under the trees long
before we moved in three plus years ago, we will also place it on 16-inch square brick pavers to meet
that part of the code as well. When the trailer is moved the recommended 5 feet away from the fence, it
is much more visible to all. When it is near to the fence, the wheels are still 6 feet away, but the camper
itself is much less visible.
The new code as it is written for our space does not allow for our relatively small camper that takes up
less than 100 square feet, to be stored on our property that is over 12,000 square feet. We request a
variance to be able to store it in the remote area in back, and are willing to make reasonable alterations
to do so.
2.1.b
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POP-UP CAMPER
2.1.b
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2.1.b
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2.1.b
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2.1.b
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POP-UP CAMPER POP-UP CAMPER
FENCE
2.1.b
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Updated: 1/11/2019 2:56 PM Page 1
Action Item : Consider Approval of a Special Use for a Fitness
Facility at 1350 Abbott Court
Recommendation of Action
Staff recommends approval, subject to the conditions in the staff report.
The petitioners, Chris Wright and Melissa Kleinberg, are proposing to operate a fitness facility, APX
Sports and Fitness at 1350 Abbott Court. The 12,000 square foot facility is currently vacant and was
formerly Sole to Sole Dance Center. Pursuant to the Zoning Ordinance, recreational facilities are a
special use in the Industrial District.
ATTACHMENTS:
Staff Report (DOCX)
Plan Set (PDF)
Trustee Liaison Staff Contact
Stein Chris Stilling, Community Development
Wednesday, January 16,
2019
2.2
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VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: January 16, 2019
SUBJECT PROPERTY LOCATION: 1350 Abbott Court
PETITIONER: Chris Wright and Melissa Kleinberg, APX Sports and Fitness
PREPARED BY: Nicole Woods, Principal Planner
REQUEST: Petition to the Village of Buffalo Grove for a Special Use
Ordinance to allow a fitness facility within the Industrial
District.
EXSITING LAND USE AND ZONING: The property is improved with the existing industrial facility
and is currently zoned Industrial (I).
COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this
property to be Industrial.
PROJECT OVERVIEW
The petitioners, Chris Wright and Melissa Kleinberg,
are proposing to operate a fitness facility, APX Sports
and Fitness at 1350 Abbott Court. The 12,000 square
foot facility is currently vacant and was formerly Sole
to Sole Dance Center. Pursuant to the Zoning
Ordinance, recreational facilities are a special use in
the Industrial District.
PLANNING, ZONING, AND ENGINEERING ANALYSIS
Property History
In 2007, the Village approved Ordinance 2007-012 which granted a special use for
Recreational Facility (Sole to Sole Dance Studio).
In 2018, Sole to Sole closed at this location and the property has remained vacant.
Proposed Use
APX Sport and Fitness would be a new, privately-owned group fitness center. As the center’s
primary proposed use is fitness classes and training, most of the facility (approximately
7,000 square feet) would be dedicated to fitness and gym area.
The latter 5,000 square feet includes kitchens, bathrooms, as well as office space.
The office space could be used in the future for related health services such as physical
therapy, yoga, pilates, massage therapy, chiropractic care and other related services.
2.2.a
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Classes and private sessions will be offered six days a week (everyday but Saturday).
Saturday is a proposed flex day, in which there may be an open gym time for special
events/classes.
General hours of operation are 5:30 am to 8:00 pm. Classes are to be capped at 18
members per class. During the Saturday flex day, the facility and any special event/classes
will also be capped 18 members at any given time.
Currently, APX has two employees (Mr. Wright and Ms. Kleinberg) and the petitioners
estimate there is a potential for 1-2 additional employees in the future.
Existing Use and Surrounding Uses
The building and tenant space is located within the Abbot Business Center.
This property is zoned Industrial and the surrounding uses include office, warehouse,
religious, light manufacturing, and recreational.
Parking
The facility currently has 32 traditional parking spots which are intended to serve APX
members and clients only.
To optimize parking potential, the applicant proposes to utilize the loading dock area for
employee parking only and estimates it could accommodate up to four additional parking
spots.Currently, APX has two employees and estimates there are a potential for 1-2 more
employees in the future, thus leaving 32 spaces for customers.
Pursuant to Village Code, a recreational uses require 1 parking space per 1,000 square feet
of floor area. Furthermore, the office space requires 5 parking spaces per 1,000 square feet
of floor area. Based on the breakdown of floor space (7,000 s.f. of training and 5,000 s.f. of
office) a total of 32 spaces are required.
To control for parking, the applicant proposes to cap all classes to 18 members and the
estimated average class size is 10-18 members.
In addition, all classes will be an hour long, which will be followed by a thirty minute
transition time and then the next class will begin.
As morning and late afternoon/early evening classes are the deemed the most popular, the
applicant proposes that all other services provided by APX (personal training and future
services of potential chiropractic care, massage etc.) will only hold during normal business
hours between 9 am and 5 pm. The applicant claims that Saturdays are normally low
volume days and consequently APX will use that as a flex day and may have an open gym or
hold a special event.
Regardless of the activity, the open gym and/or special event will be capped to 18 members
at any given time.
Should parking become an issue, the applicant has indicated that the property does have
additional space to the north which could allow for a parking expansion.
STANDARDS
Pursuant to the Zoning Ordinance, the proposed use does require a Special Use in the “I” Industrial
District. The following criteria shall be met:
2.2.a
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1. The special use will serve the public convenience at the location of the subject property; or
the establishment, maintenance or operation of the special use will not be detrimental to or
endanger the public health, safety, morals, comfort, or general welfare;
2. The location and size of the special use, the nature and intensity of the operation involved in
or conducted in connection with said special use, the size of the subject property in relation
to such special use, and the location of the site with respect to streets giving access to it shall
be such that it will be in harmony with the appropriate, orderly development of the district in
which it is located;
3. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity of the subject property for the purposes already permitted in such zoning
district, nor substantially diminish and impair other property valuations with the
neighborhood;
4. The nature, location and size of the buildings or structures involved with the establishment
of the special use will not impede, substantially hinder or discourage the development and
use of adjacent land and buildings in accord with the zoning district within which they lie;
5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will
be provided;
6. Parking areas shall be of adequate size for the particular special use, which areas shall be
properly located and suitably screened from adjoining residential uses, and the entrance and
exit driveways to and from these parking areas shall be designed so as to prevent traffic
hazards, eliminate nuisance and minimize traffic congestion in the public streets.
The petitioner’s detailed response to the standards are included with the packet.
PUBLIC COMMENTS
Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign
was posted on the subject property. The posting of the public hearing sign and the mailing of the
notifications were both completed within the required timeframe. As of the date of this report, the
Village has received three inquiries from the public or adjacent property owners but no concerns
have been expressed.
STAFF RECOMMENDATION
Based upon the foregoing, staff recommends approval of a Special Use, subject to the following
conditions:
1. The special use is granted to APX Sports and Fitness and said special use does not run with the
land.
2. The special use granted to APX Sports and Fitness may be assignable to subsequent
petitioners seeking assignment of this special use as follows:
i. Upon application of a petition seeking assignment of this special use, the Village
of Buffalo Grove, in their sole discretion, may approve the assignment
administratively, or may refer it to the Planning & Zoning Commission
and/or the Village Board for a public hearing.
2.2.a
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ii. Such assignment shall be valid only upon the written approval of the Village of
Buffalo Grove granting said assignment, which may be granted or denied for any
reason.
3. The facility shall be used for individual and group fitness training as represented in their
petition. APX Sports and Fitness shall cap classes to 18 members and require a 30 minute
transition time between classes, pursuant to the materials included in their petition.
4. The petitioner shall monitor traffic circulation and parking on the property and take
appropriate measures, as approved by the Village, to ensure adequate parking is being
provided. If the Village determines, in its sole discretion, that additional parking is required, the
petitioner shall provide said parking in manner acceptable to the Village.
5. Prior to the issuance of a certificate of occupancy, the existing driveway apron entering the
property shall be repaired in a manner acceptable to the Village.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
and the PZC shall then make a recommendation to the Village Board.
2.2.a
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Village of Buffalo Grove:
APX Sports and Fitness is a privately owned group fitness facility. Memberships for monthly class access are $200-$250. This is not
a open gym or a 24 hour facility meaning members can only come to the gym to participate in a 50 minute class. These smaller
private gyms are not going to see the same membership numbers as a LA Fitness or a Planet Fitness that allows open gym from
5am-11pm and average about $10 a month. Our projections show 150-200 members, average class size 10-18 members and a class
cap at 18 members.
With regards to the concern of the Village Board concerning the amount of parking that will be needed on site at 1350 Abbott Court
when the gym is being fully used is as follows:
1.The loading dock fits four parking spots which will fit two current employees and 1-2 future employees. This leaves 32 parking
spots available for members and clients only.
2.APX Sports and Fitness is a group fitness facility. Monday-Thursday we run 9 classes per day. (see schedule below). These
classes are an hour long, and allow a 30 minute time frame before the next class leaving ample time for transition between
classes. 32 spots would allow us to have a maximum number of 18 members to take a class at a given class time. Our average
class size will be 10-18 members per class. We will be capping classes at 18 members max per class due to parking spots, and
available equipment. This means that any additional member that exceeds this max number will not be able to attend this class
time.
3.The morning classes and late afternoon classes are more popular than the three class times offered in the middle of the day
(5:30am, 7:00am, 8:30am, 4:00pm, 5:30pm, 7:00pm) This insures that transition time traffic for bigger classes would not be a
problem for other businesses. Other services at the gym such as personal training or Mat will be conducted with normal business
hours 9-5 and will not interfere with classes due to the lower number of class goers in the middle of the day.
4.If we are constantly reaching our maximum number during these class times we will be expanding our parking lot. We have
talked to Seth Pines the landlord, builder, and owner of 1350 abbott court, and have discussed the option to expand the back
parking lock. The land behind the building has room for 20 additional spots at the very least. This would mean in total our parking
lot would be able to hold 52 parking spots and 4 employee spots in the loading dock. Our group fitness classes will then be able
to accommodate 38 members maximum due to parking spot numbers, equipment available and safety of employees and
members. This means that we would have 14 additional spots per class time. Placing a number cap on classes is done by
requiring members to scan in upon entering the building and online sign ups to reserve a class spot. This will make for more than
enough parking for all attending members.
2.2.b
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MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
5:30am APUpper APeX Speed APLower Endurance X Total APX Weekend Warrior
Challenge
7:00am APUpper APeX Speed APLower Endurance X Total APX
8:30am APUpper APeX Speed APLower Endurance X Total APX
9:00am HEAVY Lower
10:00am APUpper APeX Speed APLower Endurance X Total APX 10:30am HEAVY Lower
11:30am APUpper APeX Speed APLower Endurance X Total APX
1:00pm HEAVY Lower
2:30 pm HEAVY Lower
2:30pm APUpper APeX Speed APLower Endurance X Total APX
4:00pm APUpper APeX Speed APLower Endurance X Total APX
5:30pm APUpper APeX Speed APLower Endurance X
7:00 pm APUpper APeX Speed APLower Endurance X
2.2.b
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Village of Buffalo Grove, IL – Zoning Ordinance 17.28.040 Criteria for special use.
A. All special uses shall meet the following criteria:
1. The special use will serve the public convenience at the location of the subject property; or
the establishment, maintenance or operation of the special use will not be detrimental to or
endanger the public health, safety, morals, comfort, or general welfare;
- We are a group fitness facility open to the public. Maintenance/operation of this special use
will not be detrimental to or endanger the public health, safety, morals, comfort, or general
welfare. This fitness facility will provide the public with a product that will be safe, beneficial in
relation to optimal health.
2. The location and size of the special use, the nature and intensity of the operation involved in
or conducted in connection with said special use, the size of the subject property in relation to
such special use, and the location of the site with respect to streets giving access to it shall be
such that it will be in harmony with the appropriate, orderly development of the district in which it
is located;
- This building, the location and size, was built on abbott court 21 years ago in compliance with
the district it is located in. This building is the perfect size for this special use with a group
fitness area, personal training area, lockers, offices, bathrooms, showers and a kitchen.
3. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity of the subject property for the purposes already permitted in such zoning
district, nor substantially diminish and impair other property valuations with the neighborhood;
- Our facility and special use will not cause any of these issues for neighboring businesses. The
buildings directly next to the building have been there for 18-19 years. This building will not
diminish or impair any other property valuations with the neighborhood. In fact, it will benefit all
employees, residents, owners nearby to have a state of the art fitness facility close by.
4. The nature, location and size of the buildings or structures involved with the establishment of
the special use will not impede, substantially hinder or discourage the development and use of
adjacent land and buildings in accord with the zoning district within which they lie;
- This building does not impede, hinder or discourage the development of adjacent land. This is
the first building on the street and there has been growth, new developments, new buildings and
businesses since the construction of this building.
5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will
be provided;
- This building has been provided with adequate utilities, access roads, drainage, and necessary
facilities by original construction when built 20 years ago and is in compliance presently.
6. Parking areas shall be of adequate size for the particular special use, which areas shall be
properly located and suitably screened from adjoining residential uses, and the entrance and
exit driveways to and from these parking areas shall be designed so as to prevent traffic
2.2.b
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hazards, eliminate nuisance and minimize traffic congestion in the public streets.
-The average class size will be 20 people per class and 2-3 employees. There are 32
available parking spaces in our parking lot. The entrance of the parking lot in the front and the
back of the building has plenty of room to enter and exit on to Abbot without causing traffic
hazards. There are two exits and entrances on to Weiland off of Abbot court which will also
prevent traffic in public streets.
B. The special use shall in all other respects conform to the applicable regulations of the zoning
district in which it is located, except as such regulations may be varied. Notwithstanding the
foregoing, business planned unit developments shall conform with Section 17.44.040D of this
Title unless varied.
C. The Plan Commission may recommend and the Corporate Authorities may impose such
conditions and restrictions upon the subject property, the location, the construction and design
of buildings and use of the property benefited by such special use as may be necessary or
appropriate to comply with the foregoing criteria.
D. Notwithstanding Chapter 17.52 of this Title, the Plan Commission may recommend and the
Corporate Authorities may vary the regulations of the zoning district in which the special use is
located subject to meeting the criteria of Section 17.52.070(A)(1) through 17.52.070(A)(3),
except for planned unit developments which shall meet the general objectives of Section
17.28.050(A)(1) through 17.28.050(A)(7). (Ord. 2004-100 § 2, 2004)
2.2.b
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12/19/2018
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, DECEMBER 19, 2018
Call to Order
The meeting was called to order at 7:34 PM by Chairman Frank Cesario
Public Hearings/Items For Consideration
1.Consider Approval of a Variation for a Driveway to Exceed the Maximum Allowed
Coverage for the Property at 964 Cooper Court (Trustee Ottenheimer) (Staff Contact:
Chris Stilling)
Nita Goodman, 964 Cooper Court, was present and sworn in.
Ms. Goodman explained that in May, 2018, she began the process to remove and
replace her driveway. The process was very slow. She had contracted with Fortis to
complete the work. Fortis was unable to secure the permit to replace the driveway as it
existed. The driveway had two (2) extensions and was twenty-two (22) foot wide. The
driveway needed repairs but she still did not have the permit. She called the Village and
was advised that she needed to apply for a variation. As fall approached she decided she
did not want to put off replacing the driveway. In September, she went out of town and
was advised by Fortis that they were approved and secured the permit. She never saw
the permit. On September 11, 2018 Fortis removed the driveway and framed the new
driveway, sidewalk and patio. An inspection was conducted by the Village, passed and
the work was completed. When the inspector came out for the final inspection, the
inspection did not pass. When she asked Fortis why the inspection failed, they could not
give her a definitive answer. She knew the new driveway could not exceed the forty (40)
percent coverage limitation.
Ch. Cesario advised that page 3 of the packet shows the Plat of Survey. He believes that
if the Petitioner had a more traditional-shaped lot, the proposed driveway would probably
have met the Code. Mr. Stilling confirmed that the Petitioner could have a larger driveway
with a more traditional-shaped lot. Ch. Cesario noted that page 11 of the packet contains
signatures from some of the surrounding property owners indicating they do not object.
Ch. Ceasrio asked if staff had received any inquiries. Ms. Akash advised that staff
received two (2) phone calls inquiring about the request, however they did not have any
objections. Ch. Cesario appreciates that the Petitioner had spoken with her neighbors.
Ms. Goodman advised that she was not able to speak with some of the neighbors. Ch.
Cesario believes that the Petitioner tried to follow the rules but learned a lesson. Ms.
Goodman added that the driveway itself is only seventeen (17) feet wide, which is
restrictive. In addition, three (3) properties near hers also have similar driveways.
Com. Khan asked the Petitioner if the previous driveway was installed at twenty-two (22)
feet wide. Ms. Goodman responded that at some point two (2) brick paver side strips
were added that increased the width to twenty-two (22) feet. The driveway itself is within
Code, it’s the front yard coverage limitation. To replace the driveway at seventeen (17)
feet, she would not be able to open her car door and step out without stepping into the
grass. It would also make it difficult for her to get the car seats in and out of her car. She
does not drive on the brick paver extensions. Com. Khan stated that when an owner goes
to remove and replace a driveway, they should bring the driveway into compliance with
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the Codes. Ms. Goodman understands and added that they own three (3) vehicles and
there is very little street parking available. Com. Khan noted that the standard width of a
parking stall is eight and one half (8-1/2) to nine (9) feet wide. Therefore a seventeen (17)
foot wide driveway would be a standard size.
There were no additional questions or comments from the Commissioners. There were
no questions or comments from the audience.
Ch. Cesario entered the Staff Report dated December 19, 2018 as Exhibit 1.
The public hearing was closed at 7:48 PM
Moved by Com. Weinstein, seconded by Com. Moodhe, to make a positive
recommendation to the Village Board to approve a variation to allow the new driveway
and walkway to have a maximum of forty-six (46) percent front yard coverage.
Com. Weinstein thanked the Petitioner for making the improvement to her property and
not making the driveway more expansive than what already existed. The Petitioner
attempted to follow the rules. He is in favor of the request.
Com. Moodhe stated that other homes in the area are a similar pie-shape configuration.
The driveway fits with the neighborhood.
RESULT:RECOMMENDATION TO APPROVE [UNANIMOUS]
Next: 1/22/2019 7:30 PM
MOVER:Mitchell Weinstein, Commissioner
SECONDER:Adam Moodhe, Commissioner
AYES:Moodhe, Cesario, Goldspiel, Khan, Weinstein
ABSENT:Matthew Cohn, Scott Lesser, Amy Au
2.Consider Approval of a Variation to Section 17.36.030 of the Village of Buffalo Grove
Zoning Ordinance to Allow for a Recreational Vehicle (Boat and Trailer) to Exceed the
Maximum Width Requirement and to be Stored in the Side Yard Year Round Without the
Required Screening for the Property at 981 Indian Spring Lane (Trustee Stein) (Staff
Contact: Chris Stilling)
Mr. Alex Ganzman, 981 Indian Spring Lane, was present and sworn in.
Mr. Ganzman explained that he has lived in Buffalo Grove for approximately eighteen
(18) years. He has owned a boat the entire time he has lived here. He uses the boat on
the weekends. He believes it is important to have the boat on his property because it is
not practical to keep it off-site. He keeps the boat in good condition and he does not store
anything in it. This is his second home in Buffalo Grove. Currently he parks his boat in his
side yard. Last year he added a paved driveway extension to store the boat on. He has
spoken to some of his neighbors and collected signatures of those neighbors that have
no issues with the boat being stored in its current location. Mr. Ganzman submitted the
signatures and map showing the location of the neighbors that signed as evidence. Mr.
Ganzman advised that he asked some of his neighbors to attend the hearing and testify
they have no objections. He stated that he wants to comply with the Code, but he also
wants what makes sense. The boat is shielded by his home and his neighbor’s home.
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There is existing landscaping on his neighbor’s property. The boat is not visible. He has
thought about using a fence in front of the boat, but he cannot use landscaping. In
addition, a fence would make it hard to move the boat in and out of the driveway. There is
currently a fence behind the boat that has two (2) gates that he uses to access the rear
yard. For him to store the boat off-site would be a financial burden and not all boat
owners can afford off-site storage.
Com. Goldspiel asked about the length of the boat. Mr. Ganzman advised that the boat is
twenty-four (24) feet in length, with the trailer.
Ch. Cesario stated that he drove past the property and completely missed the boat even
though he knew the boat was there. The boat is very well screened and it is not a small
boat.
Com. Moodhe asked if the boat is located all the way at the back of the paved area. Mr.
Ganzman responded yes, it is as far back as it can go. Com. Moodhe stated that the boat
is pretty much in line with the garage, it is only about a foot beyond. Mr. Ganzman
advised that he cannot move the boat back any farther due to the gate to access his rear
yard. Com. Moodhe commented to staff that the Ordinance does not specify if the
screening shall be temporary or permanent and suggested using potted shrubs to screen
the front of the boat. Mr. Stilling responded that potted shrubs could be used so long as
they are a minimum of five (5) feet in height.
Com. Goldspiel asked the Petitioner where he provides maintenance to the boat. Mr.
Ganzman advised that he maintains the boat at the marina. Com. Goldspiel stated that
his son has a twenty-three (23) foot long boat that is kept at a marina. Mr. Ganzman
stated that is a standard size, with the trailer and tires. Com. Goldspiel believes that the
Petitioner should follow the Ordinance as it relates to the screening of the boat. The side
yard is narrow and he feels that fencing across the front is needed. He would not be in
favor of the request without the required screening.
Com. Khan asked the Petitioner if he had researched the cost of off-site storage. Mr.
Ganzman responded that off-site storage is not just about the financial impact; it would
alter his lifestyle and would not be convenient for him. Going back and forth would be
time-consuming and would cut into his enjoyment time. Com. Khan asked how often the
Petitioner uses the boat from October 1st to May 15th each year. Mr. Ganzman responded
that this year he used the boat until the end of November. He starts using the boat in
early spring, usually the beginning of May. He also needs access to the boat before he
can use it. Com. Khan asked if the boat can fit into the garage. Mr. Ganzman stated the
boat cannot fit into the garage. Even though it is a two-car garage, the boat on the trailer
is too tall to fit. In addition, he cannot make the garage bigger. Com. Khan stated that he
is faced with a dilemma; the Village has over one hundred (100) RV’s. The Village had
done its research before enacting the Ordinance. A variation request has to meet the
criteria in order to be approved. He suggested the Petitioner work with Village staff to
determine if landscaping or fencing would work best as screening.
Com. Weinstein stated that the Petitioner cannot rely on the neighbor’s landscaping.
Today’s neighbor may be in favor of the boat but any future neighbor may not. He
believes that screening must be provided by the Petitioner. He is not concerned with the
other variations contained in the request, but wants the screening requirement to be
adhered to. Mr. Ganzman stated that he wants to meet the Code and if he installed a
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fence at six (6) feet in height, the fence would only cover the bottom of the boat. The top
half would still be visible. A fence needs posts and gates, which take up space and the
paved area would then be too narrow to fit the boat. He is willing to use potted shrubs for
screening.
Com. Goldspiel advised that the screening does not need to cover the entire boat. If the
boat were pushed back enough, the fencing would be sufficient.
Com. Moodhe agrees with Com. Weinstein regarding the other variations contained in
the request. He believes that the screening is necessary and should be easy to
accomplish. The paved area is a good size to get the boat in and out of. He would be
agreeable to potted shrubs in front of the boat but permanent landscaping on the side.
Ch. Cesario entered the Petitioners signatures and map as Exhibits 1A and 1B and the
Staff Report dated December 19, 2018 as Exhibit 2.
Mr. Austin Klein, 991 Indian Springs Lane, was present and sworn in. Mr. Klein advised
that he is the neighbor directly next to the Petitioner and it is his landscaping that exists.
The boat really cannot be seen from either side. The boat and the house are basically the
same color. He believes a fence would be an eyesore more than the boat. To him, the
boat is a non-issue.
Mr. Walter Zisman, 680 Twisted Oak Lane, was present and sworn in. Mr. Zisman walks
past Mr. Ganzman’s house all the time. He spoke with Mr. Ganzman about the driveway
expansion to fit the boat in the side yard. He has a boat himself that he cannot fit in his
side yard. This is a good looking boat. The boat cannot be seen unless you are looking
for it. A fence would be an eyesore.
Com. Goldspiel stated that the screening would not just screen the boat, but the trailer as
well.
Com. Weinstein stated to Mr. Klein that even though the Petitioner’s boat color currently
matches the house, the Petitioner could paint the boat pink. He asked Mr. Klein to keep
in mind that it is possible for the current situation to change.
There were no additional questions or comments from the Commissioners. There were
no additional questions or comments from the audience.
The public hearing was closed at 8:17 PM.
Moved by Com. Weinstein, seconded by Com. Moodhe, to approve the variation to
Zoning Ordinance, Section 17.36.030 to allow for a boat and trailer to exceed the
maximum width requirement and to be stored in the side yard year round, subject to the
following conditions:
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1.The Petitioner shall work with staff to determine the appropriate landscaping or screening
as required.
2.The required landscaping or screen will be installed no later than September 30, 2019.
Com. Weinstein noted that the landscaping or screening must be permanent with
temporary landscaping or screening until the permanent landscaping or screening is
installed.
Mr. Stilling advised that staff will work with Mr. Ganzman to ensure adequate screening is
provided as required by the Ordinance.
Com. Khan confirmed that the Petitioner understands that a variation to eliminate the
required screening is not approved and advised him to work with staff.
Mr. Ganzman asked who determines what screening meets the Code. Mr. Stilling
advised that the Ordinance dictates that screening must be a minimum of five (5) feet in
height and either fencing or landscaping and provided examples of how to meet the
Ordinance. He suggested five (5) to six (6) foot high arborvitaes with a minimum three (3)
foot width.
Com. Weinstein feels more comfortable when the affected neighbors are comfortable.
This is a relatively new Ordinance and the granting of variations must be consistent. He
supports the motion with the inclusion of the required screening.
A question was raised about placing a condition within the motion that the variation does
not run with the land. Com. Weinstein amended the motion to include the condition that
the variation does not run with the land. Com. Moodhe seconded the amendment.
Ch. Cesario explained that the RV regulations are new and why the Ordinance was
created. He believes that the criteria has mostly been met, the boat is tucked in and is
used. He is in favor of the request subject to the conditions.
Com. Goldspiel noted that the neighbor has very few windows that directly face the boat.
RESULT:APPROVED [UNANIMOUS]
MOVER:Mitchell Weinstein, Commissioner
SECONDER:Adam Moodhe, Commissioner
AYES:Moodhe, Cesario, Goldspiel, Khan, Weinstein
ABSENT:Matthew Cohn, Scott Lesser, Amy Au
Regular Meeting
Other Matters for Discussion
None.
Approval of Minutes
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1.Planning and Zoning Commission - Regular Meeting - Dec 5, 2018 7:30 PM
Moved by Com. Khan, seconded by Com. Moodhe, to approve the minutes of the
December 5, 2018 Planning & Zoning Commission regular meeting as submitted.
RESULT:ACCEPTED [3 TO 0]
MOVER:Zill Khan, Commissioner
SECONDER:Adam Moodhe, Commissioner
AYES:Adam Moodhe, Frank Cesario, Zill Khan
ABSTAIN:Stephen Goldspiel, Mitchell Weinstein
ABSENT:Matthew Cohn, Scott Lesser, Amy Au
Chairman's Report
None.
Committee and Liaison Reports
None.
Staff Report/Future Agenda Schedule
Mr. Stilling advised that the January 2, 2019 regular meeting will be cancelled. There will be two
items on the January 16, 2019 agenda; another RV variation and a Special Use for a fitness
facility in the Industrial District.
Public Comments and Questions
None.
Adjournment
The meeting was adjourned at 8:29 PM
Chris Stilling
APPROVED BY ME THIS 19th DAY OF December , 2018
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