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2019-01-16 - Planning and Zoning Commission - Minutes01/16/2019 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, JANUARY 16, 2019 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario 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) Chairman Cesario read the rules of the public hearing. Commissioner Au recused herself from this discussion. Mike Leissner (156 Ironwood Court), Jody Miller (2302 Crabapple Terrace), and Michael Miller (2302 Crabapple Terrace) were sworn in. Mr. Leissner reviewed his proposal and reasoning for variation. He was prepared to repair the fencing as required as well as putting the trailer on pavers instead of ground. He reviewed why the alternate storage locations allowed would be problematic. He said that four out of five of his neighbors would prefer the pop-up trailer in the rear yard. Commissioner Moodhe asked how the trailer was moved in and out. Mr. Leissner said that several people can push it through the gate. Commissioner Moodhe asked if it would be easier to move if closer to the house. Mr. Leissner said the available setback area to store the pop-up camper in the rear yard has a patio and an entertaining area. Commissioner Khan asked how often the camper was moved. Mr. Leissner said that this was moved once or twice per year on average. Commissioner Khan said that he generally saw neighbors in support of variances like this, so he felt that it took courage for his neighbors to come forward in opposition. He said that there were options that matched the ordinance. The three issues were that it did not meet the setback requirements, must be placed on an approved hard surface, and requires adequate screening. Mr. Leissner added that he would put it on pavers, and he would improve the fencing. He was willing to do additional things which adhere to the ordinance. Commissioner Goldspiel asked about the fencing. Mr. Stilling said that the screening was required to be five feet whether it was fencing or landscaping. Commissioner Goldspiel said that he did not see a basis for a variance because a hardship is not justified in this case. He also said that what was present is not visually pleasing for anyone. Commissioner Weinstein said that typical yard furniture did not normally include pop-up campers. He said that the new ordinance was created to be consistent with surrounding communities. He appreciated the situation, and the commission was trying to see a compromise. 01/16/2019 Chairman Cesario reviewed the setback rules and stated that the commission’s job was to apply the rules set by the Village officials and approve exceptions to the standard. The Petitioner needed to prove that the circumstance was atypical. Mr. Leissner said that the dimensions of his current lot and placement of entertaining area made this atypical. Chairman Cesario entered the Village Staff report as Exhibit One. Ms. Miller said that she complained about the camper previously but was told that it was in compliance with the ordinance. The new ordinance made this no longer compliant. The fence would help but had not been worked on, and the camper had items stacked on top of it. Mr. Miller said that this was legal prior to the current ordinance. He installed some landscaping, but during the winter there was no screening. While it was in the back corner of the Petitioner’s lot, it was in direct view of the neighbor. Mr. Leissner said that he was willing to make some accommodations to try and make this more attractive. The fencing would be improved. The public hearing closed at 8:27 pm Chairman Weinstein made a motion to grant a variation to allow for storage of a recreational vehicle in the rear yard with the following stipulations: 1) The current fencing be replaced with a minimum of 5-foot height fence or thick bushes/shrubs on or before June 1. 2) Brick pavers were installed as described in the proposal. 3) The variation does not run with land Commissioner Khan seconded the motion. Commissioner Khan said that he was considering the applicant’s request, the neighbor’s enjoyment of their property, and the Village ordinance he did not want to compromise. That said, he said that there were options like moving the camper May 15 - September 30 onto the driveway. The other seven months, the camper could be stored in the garage. The camper could also be stored off site. Chairman Cesario said that he understood the Petitioner wanting to live the way he wanted; however, he felt that this would “torpedo” the ordinance. He said that this would set a precedent for others in the Village with similar situations, and the Village had to find a balance. Commissioner Moodhe said that the ordinance only gave guidelines about where the RV should be on the property. These options were not ideal for the Petitioner, and where it is 01/16/2019 now is not ideal for the neighbors. He felt that the screening could be adjusted but did not feel there is any unique circumstances to grant a variance. Commissioner Goldspiel said that the variance did not meet the standards set forth. Commissioner Weinstein asked if an appeal was filed when the camper needed to move. Mr. Stilling said that steps could need to be taken to appeal this ruling. He would work with the applicant to work out the specifics of appealing or removing the camper, particularly with a snowstorm coming. RESULT: DENIED [0 TO 5] MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner NAYS: Moodhe, Cesario, Goldspiel, Khan, Weinstein ABSTAIN: Amy Au ABSENT: Matthew Cohn, Scott Lesser 2. Consider Approval of a Special Use for a Fitness Facility at 1350 Abbott Court (Trustee Stein) (Staff Contact: Chris Stilling) Chairman Cesario swore in those testifying in the case - Melissa Kleinberg (1550 Abbott) Chris Wright (1550 Abbott Court). Mr. Wright spoke about how they intended to use the facility. Commissioner Moodhe asked how many people per class were anticipated. Mr. Wright said that they could allow up to 30 people per class. There would only be two staff members until more were needed. Commissioner Moodhe asked if parking wou ld be an issue. Mr. Wright said that they would have access to the loading dock as well as the 32 adjoining spots. Ms. Woods said that she was under the impression the cap would be 18. Commissioner Weinstein said that there was a dance studio at this location and asked about the driveway and island. He confirmed with the Petitioner that there was only one entrance in the back. He had a concern about the parking but was okay if the cap was per the proposal. Commissioner Khan asked about where the Junior H igh School was. Commissioner Khan confirmed with the Petitioner that the attendees would be 18 and over. The Petitioner mentioned working out the schedule with Staff to ensure timing of parking with neighbors. Commissioner Moodhe said that he anticipated having trouble meeting the parking requirements and did not know if this was something to worry about for a few years. Commissioner Goldspiel asked where the loading dock was. Ms. Kleinberg showed the location. Commissioner Goldspiel confirmed with the Petitioner that two cars could get to the back. 01/16/2019 Commissioner Au asked about the side entrance. Mr. Wright showed the location. Chairman Cesario said that this was a request for special use for a fitness center. There was some discussion regarding taking out the class cap as part of the special use as long as there were parking arrangements with the neighbors. Mr. Stilling said this was fine if it was reviewable. Commissioner Weinstein asked how many parking spots were handicapped, it was mentioned there were two handicapped spots. Commissioner Moodhe said that rehab classes were being considered as well. Mr. Wright said that these would be in the middle of the day and could be capped. Commissioner Weinstein asked if they could stipulate that the Village reserved the right to restrict class sizes. Staff and Commissioners agreed. Commissioner Moodhe suggested adding that this be included in a waiver. Ms. Woods said that this would not be necessary. Commissioner Goldspiel asked about signage to direct people to the back. Mr. Wright said that they would encourage this for regular attenders. Chairman Cesario entered the Village Staff report at Exhibit One. The public hearing closed at 9:05 pm Commissioner Weinstein moved for a positive recommendation for a petition for Special Use, subject to the following conditions: 1. The special use is granted to APX Sports and Fitness and the 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. 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 Village reserves the right to restrict class size and require transition times between classes as necessary to control overflow parking. 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 parking in a manner acceptable to the Village. 01/16/2019 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. Commissioner Au seconded the motion. Commissioner Weinstein said that he was in favor of this since this had been a recreational use already. Chairman Cesario said that this did not seem unreasonable and thanked them for the flexibility. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 2/19/2019 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Amy Au, Commissioner AYES: Moodhe, Cesario, Goldspiel, Khan, Weinstein, Au ABSENT: Matthew Cohn, Scott Lesser Regular Meeting Other Matters for Discussion None. Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Dec 19, 2018 7:30 PM Commissioner Moodhe moved to approve the regular meeting minutes from December 19, 2018. Commissioner Khan seconded the motion. RESULT: ACCEPTED [5 TO 0] MOVER: Adam Moodhe, Commissioner SECONDER: Zill Khan, Commissioner AYES: Moodhe, Cesario, Goldspiel, Khan, Weinstein ABSTAIN: Amy Au ABSENT: Matthew Cohn, Scott Lesser Chairman's Report Chairman Cesario welcomed new Village counsel. Committee and Liaison Reports The schedule for the new calendar year was forthcoming. Staff Report/Future Agenda Schedule Mr. Stilling said that the next meeting would be set at the end of the week with a fence variation and possibly some RV variations. The February 20 meeting may be canceled or rescheduled. Nothing was on the agenda currently, but the Village was trying to accommodate the Prairie View 01/16/2019 Open House. He reviewed the Prairie View plan, and the public hearings on this would be forthcoming. The Village Board had not met since the last meeting. It had been rescheduled to Tuesday due to the holiday. On that agenda was the new Northwest Community Hospital site. This information would be coming to the commission. He also noted the Volunteer Reception coming up. Public Comments and Questions None. Adjournment The meeting was adjourned at 9:15 PM Chris Stilling APPROVED BY ME THIS 16th DAY OF January , 2019