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1974-07-24 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION Ebben Property July 24, 1974 Chairman Carl Genrich called the meeting to order at 8 :19 p.m. , July 24, 1974, in the Municipal Building, 50 Raupp Boulevard. Commissioners Present : Mr. Genrich, Chairman Mr. Haarr Mr. Harris Mr. Keister Mr. Shields Mr. Goldspiel Commissioners Absent : Mr. Gamm Mr. Mendenhall Also Present : Mr. Bill Balling Mr. Mark Beaubien, Ebben Property Attorney Chairman Genrich read the public notice published in the Independent Register. I'! Mr. Mark Beaubien, attorney for the Ebben Property, stated he was representing the property owners , Mr. Kenneth Ebben and Mr. Ted Ugland. This property was brought into the Village in 1968 or 1969 with a special use for a real estate office. In the event the property were ever destroyed, the owners could not rebuild the present structure under the current Village ordinances . Mr. Beaubien referred to his letter of May 15, 1974 to Mr. Dan Larson stating the special uses he has outlined the property to be used for. The property would not be used as a retail store such as a 7-Eleven. The proposed use is consistent with the Master Plan. Mr. Beaubien stated they would like to have the property rezoned B-1 with restrictive uses and would like the ability to reconstruct. The concept of hardship was brought up before, and Mr. Beaubien feels this applies to this property. He would hope that the Plan Commission would look favorably on this petition. Commissioner Shields stated he is in sympathy with the owner trying to develop some permanent use of the property. He inquired if the owner had a specific use for the property. Mr. Beaubien stated any other use besides a real estate office would be in violation of the law as this restriction is currently on the property. He further stated if the real estate restriction was lifted, advertisement for office space would begin. Commissioner Harris stated he felt it was unusual to ask for a change in zoning subject to whatever limitations the Plan Commission would impose on the property without making a specific plan. Mr. Beaubien stated zoning has changed over the years and some parcels Plan Commission Page 2 7/24/74 you cannot do that with. He added they are not talking in terms of a commercial building, just an operating tenant, but they cannot advertise under the current restrictions . Essentially, the building would be an office building. Commissioner Harris stated he was not sure the Plan Commission can permit zoning with restrictions . Mr. Beaubien stated if a restrictive covenant were considered, they would comply with this . Commissioner Keister stated he would like to know what the owners have in mind before granting zoning change. He added it would be good to gather up other owners of the surrounding property and come in with a development plan. Mr. Beaubien stated it is imprac- ticable to round up other property owners , and this is not a Practicable approach to the problem. Gathering different personali- ties together doesn't work well. In reply to Commissioner Keister's other question, he stated they would like to see an insurance man, a doctor or a dentist in the building with an office . Commissioner Goldspiel inquired if a restrictive covenant had to run in consideration of someone. Mr. Beaubien stated the covenant would look favorably on the Village and the Village would be responsible for enforcing it. Commissioner Goldspiel stated he is troubled with the problems with spot zoning. He added it may be better to find a use the building can exist under the present zoning. He added he realizes this is a difficult situation, but wonders if it would not accomplish goals they want by current use. Mr. Beaubien stated it is presently zoned R-1 and to expand under that would only be to go residential. Commissioner Goldspiel stated this suggests a hardship approach or variance approach rather than rezoning. He stated a professional office seems compatible with residential zoning. Defining and broadening the existing zoning may be the better approach to the problem. Mr. Beaubien stated the reconstruction of the building is a problem under the existing zoning as the building cannot be reconstructed. The owners are willing to reconstruct the same building on the same foundation in the event of a disaster. Commissioner Haarr stated it is a small piece of property and it does fall within the Master Plan as far as the owners ' plans for it. If it is rezoned to B-1 (ordinance requires 1 acre) a vehicle within the ordinance allows you to use contiguous property for rezoning if the Village permits it. The adjacent property here is located across the street. Commissioner Haarr stated due to roadway work, the owner may lose property and even so with the R-3 building district they still could reconstruct. Commissioner Haarr added H-3 would be residential and this would eliminate the reconstruction problem. He added he did not feel we could legally expand the use of the property. Plan Commission Page 3 7/24/74 Mr. Beaubien stated the property across the road is considered contiguous as far as the ordinance is concerned. He added in line of the Master Plan, this area would be a commercial area some day. It is up to the Village to act in a reasonable manner and a reasonable use of this property is not residential. He concluded a good reasonable use for this property is an office building with limited uses . Chairman Genrich closed the Public Hearing at 9: 00 p.m. . Respectfully submitted, 1�reeborn, Recording Secretary APPROVED: Carl Genrich, Chairman PRELIMINARY MINUTES - NOT APPROVED REGULAR MEETING BUFFALO GROVE PLAN COMMISSION WINSTON SQUARE - EBBEN PROPERTY July 24, 1974 Chairman Carl Genrich called the meeting to order at 9:07 p.m. , July 24, 1974, in the Municipal Building, 50 Raupp Boulevard. Commissioners Present: Mr. Genrich, Chairman Mr. Haarr Mr. Harris Mr. Shields Mr. Keister Mr. Goldspiel Commissioners Absent : Mr. Gamm Mr. Mendenhall Also Present: Mr. Bill Balling Mr. Mark Beaubien, Ebben Property Mr. Joseph Koenen, Winston Square Approval of Minutes Commissioner Haarr moved to table the approval of the minutes of May 15, 1974 and Commissioner Goldspiel seconded the motion. Upon vote, the motion was unanimously carried. Commissioner Haarr moved to approve the minutes of July 10, 1974 and Commissioner Shields seconded. Upon vote, the motion unani- mously carried. Flood Plain Ordinance Committee Commissioner Keister asked his committee members to read the copy of the ordinance which was distributed and added he would contact them before August 7 regarding this information. Winston Square Phase I - Plat of Dedication Chairman Genrich read a letter dated July 9, 1974 from Michael DiVincenzo, School District 102 Superintendent. It stated the Board of Education of School District 102 had reviewed the school site as shown on the Winston-Square Plat and had approved this site for a school and the use of two acres to the Village of Buffalo Grove for a well site and reservoir. Mr. Joseph F. Koenen, Consulting Engineer for Centex was present and stated the shape of the land plan was changed for 2 reasons . When you got into final engineering of things the westerly line of the project, due to the actual location of the lake, changed slightly and the road swung in. In the final land plan, the road was swung to the east to provide green area and to preserve 4 trees . Plan Commission Page 2 7/24/74 Essentially, this provides the same operation as they had before. Commissioner Haarr inquired what had happened to the parcels in this area and Mr. Koenen stated they had shifted slightly, but almost remain the same. Commissioner Haarr moved to table this matter until the Commission received a copy of the current site plan. Commissioner Shields seconded the motion, and upon vote motion unanimously carried. Chairman Genrich stated the Plan Commission will look into this matter again on September 4. He requested Mr. Koenen to bring along for final plat approval: 1. Copy of the linen for all 3 phases. 2. Current copy of the site plan for all 3 phases . 3. This information should be presented to the Plan Commission 10 days prior to their acting on it. Mailing this information as soon as possible would expedite the matter. Mr. Koenen stated they have been waiting for approval from the Village Engineer on these documents . Chairman Genrich stated the Winston Square representative should be present for the August 7 Plan Commission meeting to review the necessary documents needed for approval. Chairman Genrich also requested the secretary to mail copies of the minutes to Mr. Koenen and Mr. Kaplan. Ebben Property Commissioner Haarr motioned the Plan Commission deny the request on the Ebben Property for rezoning to B-1 due to the fact that the property with its shape and size would not allow construction under the current zoning ordinance and would only cause future problems with the parcel. There was no second. Commissioner Goldspiel moved to disapprove because the request for B-1 was also requesting certain variances . There was no second. Commissioner Keister moved that we approve for rezoning to B-1. Commissioner Goldspiel seconded. Discussion followed. Commissioner Goldspiel offered an amendment to the motion. The amendment was rejected and he withdrew his second. Commissioner Shields moved we recommend to deny the petition and recommend instead an amendment to the original annexation agreement and approval of existing office uses or newly planned office uses with approval of the Plan Commission. There was no second. Commissioner Haarr made a motion that we deny the request for B-1 zoning as requested on the Ebben Property due to the fact that the property does not meet the size requirements of the 14 Plan Commission Page 3 7/24/74 zoning ordinance without the use of a special condition described in the zoningordinance which allows property less than 1 acre to be zoned in a B-1 district. Because of the questionability of constructing a building on this parcel under the zoning ordinance it would not be in the best interest of the Village to zone this parcel B-1. There was no second. Commissioner Haarr moved the Plan Commission deny the request on the Ebben Property for rezoning to B-1 due to the fact that the property with its shape and size would not allow construction under the current zoning ordinances . Commissioner Shields seconded the motion. The following vote was taken : Commissioner Haarr Yes Commissioner Shields Yes Commissioner Harris Yes Commissioner Goldspiel Yes Commissioner Keister No Motion carried by a 4 to 1 vote. Commissioner Haarr moved to recommend to the Village Board that the Ebben Property be rezoned to R-3 due to the fact that the property does not meet the R-1 size requirements which it is currently zoned and if for some reason the structure were destroyed the property could not be rebuilt upon. The rezoning to the R-3 district would allow this to be corrected and to continue the special use as outlined in Ordinance 68-3 (Special Use as a real estate office only) . Commissioner Goldspiel seconded the motion. The following vote was taken: Commissioner Haarr Yes Commissioner Shields No Commissioner Harris No Commissioner Goldspiel Yes Commissioner Keister No Motion failed by a 3 to 2 vote . Commissioner Keister moved to recommend to the Village Board that the Ebben Property be rezoned to R-3 due to the fact that the property does not meet the R-1 size requirements which it is currently zoned and if for some reason the structure were destroyed the property could not be rebuilt upon. The rezoning to the R-3 district would allow this to be corrected. It is our recommendation that the current special use be expanded to include offices - business and professional. Commissioner Shields seconded. The following vote was taken: Commissioner Haarr No Commissioner Shields Yes Commissioner Harris Abstain Commissioner Goldspiel No Commissioner Keister Yes Chairman Genrich Yes Motion was carried by a 3 to 2 vote. Plan Commission Page 4 7/24/74 Commissioner Haarr stated he questioned the legality of expanding the special use of offices in a residential area. He added there is a vehicle for home occupations of business operations in a residential district. Commissioner Goldspiel stated he agreed with this. Commissioners Haarr and Goldspiel will submit a minority report to the Village Board. Commissioner Harris remarked he would also write a report to the recommendation to be submitted to the Village Board. Commissioner Keister stated he finds it difficult that two members of the Commission can vote against a motion that they may think is illegal, but previously vote for the same information acting as if it was legal. He added he felt this was short sighted to act in this manner. I Chairman Genrich asked if the Commissioners would have any objections to all 3 motions being submitted to the Village Board, along with the May 15, 1974 copy of Mr. Beaubien's letter to Dan Larson stating the property owners intended uses for the property. No objection was raised. A minority report will also be attached. District 102 Liaison Chairman Genrich reported on his letter to Mr. Michael DiVincenzo, School District 102 Superintendent, dated July 17, 1974. This communication stated Burt Harris would be the Plan Commission's liaison representative to District 102. This will be beneficial to both organizations involved in that it does enhance and improve communications. The meeting adjourned at 11:00 p.m. . Respectfully submitted, N. eeborn Recording Secretary APPROVED: l l J i Carl Genrich, Chairman