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Minutes - 10/05/1999 - Zoning Board of Appeals1 VILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES October 5, 1999 L CALL TO ORDER The regular meeting was called to order at 7:32 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: A quorum was present. Chairman Champ Davis Members Paul Adrian Richard Ascher George Mueller Louis Aldini Manu Shah Ayesha Zaheer Trustee Alfred Savino Plan Commission Chairman Stelios Aktipis Plan Commission Members Stephen Allen Samuel Girgis Surendra Goel Barbara Payovich Anthony Tappin Director of Community Development Robert Kallien Village Attorney Richard Martens Zoning Board of Appeals Chairman Davis welcomed Paul Adrian as a new Zoning Board of Appeals member. Plan Commission Chairman Aktipis welcomed Barbara (Lexi) Payovich as a new Plan Commission member. Village Attorney, Dick Martens introduced Robert Kallien as the new Director of Community Development. He is also Secretary to the Plan Commission and Zoning Board of Appeals and will be bringing much experience and fresh ideas to Oak Brook. 11. ZONING WORKSHOP WITH THE PLAN COMMISSION AND VILLAGE STAFF Village Attorney, Dick Martens reviewed procedures and duties of the Plan Commission and Zoning Board of Appeals (Article XIII (E) through (J) on pages 962 -973 of the Zoning Ordinance) Plan Commission member's terms are for 3 years and Zoning Board of Appeals member's terms are for 5 years. • The members are appointed by the President and affirmed by the Board of Trustees. ZONING BOARD OF APPEALS Minutes October 5,1999 i� k f • The Zoning Board of Appeals (page 966) is the public hearing body, all persons are sworn in, and all testimony is given under oath. A court reporter is not used but all meetings are tape- recorded, and should a transcript be needed, the Village has the ability to do so. The exception is Appeals cases, which are heard before the Zoning Board of Appeals court. However, Appeals cases do not require a legal notice. • At Plan Commission hearings, testimony given for a variation to the Subdivision Regulations and the Comprehensive Plan, should also be given under oath. • The Zoning Board of Appeals is the statutory hearing body. It hears variation requests at a public hearing upon such notice as required by the Illinois Statutes. A report of its recommendations is given to the Board of Trustees to make their decision. A legal notice is required for a variation, and is a situation where the literal enforcement of the Ordinance looking at the strict letter of law would create undue hardship. Hardship is the touchstone of a variation. There are various standards (page 967) that have to be met. One is about reasonable return, another is that the plight of the owner is not unique, and third, is that it does not alter the essential character of the locality. The standards are out of the Illinois Statues. The Board should spend more time on supplementing the six standards as shown on page 968 of the Zoning Ordinance because they are more comprehensible than the first three. Hardship and reasonable return are not about a person's unique circumstance. A need for a Variation is not about financial return or personal circumstances, but rather of the property itself and what is unique about the property (bulk standards), Oak Brook does not allow use standards. The Plan Commission (page 969) duties and functions are as prescribed by the Illinois Statutes. Copies of the old statutes were given to the members (the text has not changed). A principal function and duty of the Plan Commission is from time to time to recommend changes to the design of the Comprehensive Plan. The Plan was last updated in June of 1990. Bob Kallien will be working with the Plan Commission to review and revise the Comprehensive Plan, which is one of the most important planning documents for any community. It contains goals and objectives for the community. The Village has a land use map that shows how the land has been developed. In the past, the Village has not had a land development map, which is used to plan how you want land to develop in the years ahead. A land development map is a valuable tool for planning the future. The Comprehensive Plan can be amended at anytime, it is a big job, and a very important one. The relationship of the Comprehensive Plan to the Zoning Ordinance in Illinois is advisory only. The Zoning Ordinance implements the Comprehensive Plan. Bob Kallien, Director of Community Development, said he has been involved in court cases over the years and when a communities' zoning decisions are based upon what the "Plan" says, those decisions are held in very high regard. If you deny a zoning petition because it is inconsistent with the land use plan, and it goes through the court system, the court system holds that decision in very high regard. Decisions that are not based on the Comprehensive Plan, the court gives those decisions less credence. The plan in a developed community like Oak Brook is less important than a new community, because there are very few undeveloped parcels. However, it is good to have an accurate and up to date Comprehensive Plan, because over time there will be change, and you need that plan to help you. Martens, reviewed the Plan Commission Rules of Procedure. Under the Rules of Procedure, several standards must be met for recommending approval of a Special Use. There are two types of amendments Map and Text. Factors are contained in the Rules that are required to be met for the granting of a text amendment or a zoning map amendment. In regards to the Zoning Map, If the use is not shown — it is prohibited. All factors must be addressed, such as, is it a gain to the public or a detriment that would diminish property values? ZONING BOARD OF APPEALS Minutes V u October 5,1999 2 L- 8 There was a brief discussion regarding PUD's and their place in the Village. Bob Kallien stated that in a PUD, the Community gets something in return for the relaxation of certain standards and mixed uses. Disney World is a prime example of a planned unit development. Chairman Aktipis noted that the national trends are toward mixed uses. Member Mueller said that Saddlebrook, was a type of PUD that created a lot of discussion and concern by the residents before its approval. Kallien said the communities that get themselves into trouble when making land use decisions sometime forget that each time an action is made, it establishes precedent for other projects in the future. Like circumstances must be treated similarly. Also, almost all court cases do not involve or relate to the final decision, but rather to the process used. For example, whether the public was allowed sufficient time for giving testimony. Do not be quick to end public hearings. Martens noted that the Plan Commission and Zoning Board of Appeals are to hold fair and impartial hearings. This saves time in the long run by making findings of fact on the issues in their report to the Board. The findings of fact should support the recommendation and is important to the Board of Trustees and litigation should it occur. Ill. ADJOURNMENT Member Ascher moved, seconded by Member Mueller to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:25 p.m. ZONING BOARD OF APPEALS Minutes 3 <4 a.A� � Director of Community ev opment Secretary March 7, 2000 Date Approved October 5,1999