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Minutes - 03/21/2016 - Plan Commission.� 0.'j !{ Ct +r ~ j V I tiLAG E F MINUTES OF THE MARCH 21, 2016 REGULAR OAK B R , K MEETING OF THE PLAN COMMISSION OF THE ~� VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 18, 2016 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Director of Community Development Kallien in the Samuel E. Dean Board Room of the Butler Government Center at 7:04 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinsld, Members Thomas Doyle, Raju Iyer, and Kenneth Wilczak ABSENT: Members Naveen Jain, Raj Lal and Simon Sheers IN ATTENDANCE: Director of Community Development Robert Kallien Jr. and Planning Technician Gail Polanek Motion by Member Lal, seconded by Member Wilczak to nominate Member Doyle as Acting Chairman Davis for this meeting. VOICE VOTE: Motion Carried. 3. APPROVAL OF MINUTES: MINUTES SPECIAL MEETING OF THE PLAN COMMISSION OF FEBRUARY 11 2016 FEBRUARY 11, 2016 Motion by Member Sheers, seconded by Member Iyer to waive the reading of the minutes and to approve the minutes of the February 11, 2016 Special Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFfNIS E:D BUSINESS A. CHRIST CHURCH OF OAK BROOK — 501 OAK BROOK ROAD 3212 CHRIST CHURCH - 501 OAK BROOK RD, 3222, AND 3306 YORK ROAD — FINAL PLAT OF CONSOLIDATION 3212. 3222 and 3306 YORK RD — FINAL PLAT B. CHRIST CHURCH OF OAK BROOK — 501 OAK BROOK ROAD, MASTER cHIUST CHURCH - 501 OAK BROOK PLAN, PHASE ONE — AMEND SPECIAL USE RD - PHASE ONE - SPECIAL USE The applicant requested the matter be continued to the next regular meeting. Motion by Member Lal, seconded by Member Iyer to continue the matters to the next regular meeting of the Plan Commission. VOICE VOTE: Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 6 March 21, 2016 .1-0a 5. NEW BUSINESS NEW BUSMESS A. BILSHAUSEN — 2525 3511] STREET — REZONE PROPERTY FROM R -2 TO BILSHAUSEN USEN - 2525 35 -REZONE R -4 — MAP AMENDMENT FROM R -2 TO R -a MAP AMENDMENT B. BILSHAUSEN SUBDIVISION — BILSHAUSEN — 2525 35t' STREET — 2_ BILSHAUSEN SUBD - 2525 35"' - LOT SUBDIVISION — FINAL PLAT FINAL PLAT Acting Chairman Doyle reviewed the requests. Director of Community Development Kallien provided a brief overview of the request for the map amendment and two -lot subdivision. He noted that the request was straightforward. The first request is a map amendment to change the zoning from R -2 to R -4. He reviewed the surrounding zoning. The Saddle Brook Subdivision is located just west of the subject property and is zoned R -4. The property located to the north is the Midwest Club and is zoned R -3. The parcels east of the subject property are zoned R -2. The subject property is contiguous to existing R -4 zoning. If successful in the request to rezone the property, they are seeking approval of a two -lot subdivision with the goal to maintain the existing house that would be on the front lot and create a second lot for a new home to the south. Ehren Bilshausen, lifelong resident, currently residing at 205 Bridle Path Circle, in Saddle Brook and represented the petitioner, Beverly Bilshausen who is his mother, his father who was not in attendance. His parents have lived here since 1976 and he grew up and played on that property. They would like to keep that tradition, so in order to maintain that, they were seeking approval to rezone the property from R -2 to R -4 and approval of the final plat. The Saddle Brook Subdivision is located to the west and is zoned R -4. The existing property and parcels to the east are zoned R -2. To the north of 35t1' Street is the Midwest Club, which is zoned R -3. To the south of the existing property is the Village of Westmont. They requested the R -4 zoning to allow the existing structures, the house and detached garage to remain on the property and meet the setbacks. The new parcel would be a flag lot. There is an existing stable on the new parcel, which would be removed. He reviewed current pictures of the property identifying different views and perspectives of the property. Linyi Zhang, 2605 35t1' Street, resident lives next door to the subject property and had a few questions, such as the detached garage, which appears to be located on both lots. Beverly Bilshausen responded that when they bought the 2 -acre property in 1976 they had a stable in the back. The Oak Brook Development Commission recommended that they divide the property for tax purposes only, which would allow the rear lot to be taxed at a vacant lot rate for real estate purposes and the front lot, with the home on it would be taxed at a residential rate. Physically, the property has never been subdivided. It was only divided through DuPage County for taxing. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 6 March 21, 2016 There are two PIN numbers, but it is only one lot and one address. She noted that the Zhang's property is the largest in Saddle Brook and is approximately 2/3 of an acre, which is about 1/3 of her property. Mr. Zhang questioned that the driveway would be located to the west of the property and would run down the length of the lot. Mrs. Bilshausen agreed and noted that the Zhang's garages faced the west property line of her property. Mr. Zhang questioned if the driveway would be 20' wide. Mrs. Bilshausen responded that it could technically, but they do not have a plan at this point. She noted that if they wanted to, the Zhang's could plant vegetation right up to their own property line. She noted that they could try to maintain as much vegetation as possible. She added that in 1976, when Saddle Brook Subdivision, came in, everything was leveled, when it had been well forested. She added that was not their intention. Mr. Zhang noted that the restriction require that the building be located no closer than 10 feet from the property line, however, there is no restriction as to how close the driveway could be right up to the property line. Director of Community Development Kallien responded that a driveway could be constructed right up to the property line and nothing is in the Code that prohibits it. Mr. Zhang questioned that the fire hydrant location would remain. Director of Community Development Kallien confirmed that it is a Village hydrant and under its control. Mr. Zhang questioned whether the fence in the back would be removed when a new house is constructed. Mrs. Bilshausen noted that the lot was 497 feet deep, and that the Zhang's lot was 203 feet deep. She noted that his lot ends well before the Saddle Brook Park District property. She noted that years ago they put up a chain link fence, which is not hers. Mr. Zhang questioned where the mailbox would be located. Mr. Bilshausen responded that after the new house was constructed a mailbox would probably be located at the end of the driveway as other homes have down the street. Mrs. Zhang said that her concern was that the two mailboxes would be close to each other. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 6 March 21, 2016 Director of Community Development Kallien responded that there is specific placement required by the U.S. Post Office. No one else in the audience had any questions. Member Sheers said that this reminded him of another subdivision. Director of Community Development Kallien said that in the past, there have been flag lots approved by the Village and are not illegal. He noted that more recently, there had been the multi - parcel multi -owner properties and the Plan Commission did not want to see each lot developed that way. In this particular case, he did not know how else the property could be subdivided. The way the applicant has proposed the lots meets the Subdivision Regulations. There are similar flag lots that exist east along 35"' Street and are a development pattern that exists in that neighborhood. Member Wilczak said that the lot frontage is not 75 feet; it is only a driveway, which makes it difficult for fire response vehicles. In addition, driveways are not constructed to handle that. Director of Community Development Kallien responded that all new houses must be installed with fire sprinkler systems and some of the risks that exist today with some of the older houses would be mitigated. Member Wilczak noted that the lots in Saddle Brook and in the Midwest Club meet the frontage requirements. Director of Community Development Kallien noted that the frontage on the front lot is along 35"' Street and the frontage for the back lot parallel but at the rear of the front lot. It does not physically touch 35th Street, but technically, it meets the same lot width dimensions and a criterion benefitted to the front lot and meets the intent of the Code. He noted that this flag lot configuration has been done dozens of times. Member Wilczak understood that, but added that it would not be something he would agree to because the lot does not have frontage and that the frontage of the back lot is twenty feet. Director of Community Development Kallien added that the back lot would own the flag / access. Member Iyer questioned the retention pond. Mr. Bilshausen responded that the retention pond is located on the Saddle Brook Subdivision property. Director of Community Development Kallien said that he understood the concern regarding flag lots and it is not the perfect planning tool to subdivide property. In VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 6 March 21, 2016 this case, it is an individual property and highly unlikely that there would be a full - blown normal subdivision that does not use flag lots. Not every lot has the same appeal to everyone, such as in Saddle Brook or the Midwest Club. Other people will find this pattern not to be objectionable and is for the taste of the individual. As proposed, it meets the Code, but is not perfect for everyone. Member Sheers questioned that notification had been sent to properties on Cass Court, which may have an Oak Brook mailing address, but is located in Westmont. Mrs. Bilshausen responded that the south border of their property abuts Westmont. She noted on the aerial view that the Royal Hills Condominiums along with its pond and jogging trails were addressed with Cass Court and an Oak Brook mailing address. They were sent letters because that property is located within 250 of her property, which is a requirement of the hearing process. Acting Chairman Doyle asked if staff had received any communication regarding the request. Gail Polanek, Planning Technician responded that she had received 6 -10 phone calls. Some had questions trying to find out whether condominiums or townhomes were going to be built on the property and others that were happy to know that even though the request was for R -4 zoning, there would be just two lots with an additional single family home to be built on the site. No objections were received from anyone. The Zhang's who were present at the meeting had some concerns. Director of Community Development Kallien added that the Saddle Brook Homeowner Association President indicated their support. Acting Chairman Doyle noted that it appeared the applicant had addressed the standards required for a map amendment. Member Sheers motioned, seconded by Member Iyer to recommend approval of the map amendment as proposed to rezone the subject property from R -2 to R -4. ROLL CALL VOTE Ayes: 4 — Members Iyer, Lal, Sheers and Acting Chairman Doyle Nays: 1 Member Wilczak Absent: 2 - Chairwoman Tropinski and Member Jain. Motion Carried. Member Iyer motioned, seconded by Member Lal to recommend approval of the two -lot subdivision as proposed subject to the following conditions: 1. Approval of the map amendment; and 2. Final engineering approval. ROLL CALL VOTE Ayes: 4 — Members Iyer, Lal, Sheers and Acting Chairman Doyle Nays: 1 Member Wilczak Absent: 2 - Chairwoman Tropinski and Member Jain. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 6 March 21, 2016 6. OTHER BUSINESS Director of Community Development Kallien reviewed possible upcoming cases. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Iyer, seconded by Member Wilczak to adjourn the meeting at 7:48 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 6 March 21, 2016 OTHER BUSINESS ADJOURNMENT