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Home My WebLink About201020 PZ Full PacketCITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP, Planning Manager DATE: October 12, 2020 SUBJECT: Planning and Zoning Commission Meeting A meeting of the Galesburg Planning and Zoning Commission has been scheduled for Tuesday, October 20, 2020 at 5:30 p.m. in the City Council Chambers of the Galesburg City Hall. Due to social distancing necessitated by COVID-19, Citizens can submit public comments in advance of the meetings by emailing public@ci.galesburg.il.us. Comments must be received one hour prior to the posted start time of the meeting to be addressed at the meeting and all comments will be subject to the time requirements and standards established for public comment. A G E N D A Approve Minutes of the September 22, 2020 meeting Update Past Planning and Zoning Commission items. Receive General citizen comments. PZ-20-1001 Public Hearing Setback variance to allow an attached deck on the rear of the house to be less than 10 feet to the detached accessory build ing that is on, or at, the property line, located at 1232 N Broad St. PIN 99-03-455-016. PZ-20-1002 Consider Excused absences from the September 22, 2020 meeting. COMMISSION MEMBERS: PLEASE NOTIFY ME IF YOU ARE UNABLE TO ATTEND AT 345-3619. cc: Mayor Alderpersons (7) City Manager City Attorney/Administrative Services Director Fire Chief Deputy City Clerk Director of Public Works City Engineer Information Systems Supervisor Executive Secretary Director of Community Development Construction Inspectors (3) Buildings & Grounds News Media (7) File Copy Page 1 of 3 MINUTES PLANNING AND ZONING COMMISSION MEETING ERICKSON CONFERENCE ROOM OF GALESBURG CITY HALL Tuesday, September 22, 2020 at 5:39 p.m. MEMBERS PHYSICALLY PRESENT: None. MEMBERS PRESENT VIA PHONE/VIDEO: Roger Carlson, Kyle Kelley, Stephen McKelvie, Leigh Nygard, David Uhlmann, 5. MEMBERS ABSENT: Greg Davis, Bill Johnson, Neil Thomas, 3. OTHERS PRESENT: Stephen Gugliotta AICP, Brad Nolden – City Attorney/Administrative Services Director, Wayne Carl - Director of Planning & Public Works and Ryan Berger – Director of Community Development. Staff declared quorum present. Approve Minutes of the August 18, 2020 meeting Member McKelvie moved to approve the minutes, seconded by Member Carlson. Minutes were approved by voice vote. Update Past Planning and Zoning Commission items • Variance request of Section 152.067 (F) (1) to allow a 21 foot front yard variance instead of the required 30 foot setback, located at 1122 Woodbine Circle W. PIN 99-09-126-004. A building permit was issued on September 8th for the storage shed. Receive Citizen Comment None Received. PZ-20-0901 Consider Minor Plat of the Henderson-Sandburg Resubdivision One PINs 99- 03-151-023 and 99-03-151-022, located at 2031 National Blvd. Kevan Coopoer of Bruner, Cooper and Zuck was present on behalf of the petitioner. The Commission members considered the following items: • The Development Review Committee reviewed the proposed special use at their September 9, 2020 meeting and recommend approval. Member Uhlmann moved, seconded by Member McKelvie to approve the Minor Plat. Roll Call #1 Ayes: Carlson, Kelley, McKelvie, Nygard, Uhlmann 5. Nays: None. Abstentions: None. Chairperson declared the motion approved. Page 2 of 3 PZ-20-0902 Review Request for variance of a front yard setback to allow a 29 foot front yard setback instead of the required 40 foot setback, located at 168 Seminole Dr PIN 99-12-402-013. Petitioner is Yolanda and Richard Shea, their contractor Joshua Oldfield was present. The Commission members considered the following items: • The granting of the requested variance would not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; • The granting of the variance would not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish or impair property values within the adjacent area; • The variance will not alter the essential character of the neighborhood. • The Soangetaha Architectural Review Committee has reviewed and approved the project. Their committee provided an updated letter confirming their approval on September 21, 2020 after they spoke to members of their homeowner’s association. • The Development Review Committee reviewed the proposed special use at their September 9, 2020 meeting and recommend approval. Member Nygard moved, seconded by Member Carlson to approve the front yard setback variance. Roll Call #2 Ayes: Carlson, Kelley, McKelvie, Nygard, Uhlmann 5. Nays: None. Abstentions: None. Chairperson declared the motion approved. PZ-20-0903 Review Zoning map amendment to go from B1, Neighborhood Business to B2, General Business, located at 1230 E. Losey St. PIN 99-11-405-025. Petitioner is Mitchell Gipson, who was not present. There was opposition to the zoning amendment from property owners in the area. The written letters of opposition and summaries of phone conversations were read to the members. Summaries of the opposition are below. A letter was received from a nearby property owner at 576 Burgland Ave with concerns about lack of maintenance at the property over the years, noise the proposed business may generate, the hours of operation, whether the building will be sound-proofed, whether the owners will seek a liquor license at the property. They are opposed to the zoning change. A voicemail and letter were received from a nearby property owner at 566 Burgland Ave with concerns about the noise that would be created in the neighborhood. They are opposed to the zoning change. A voicemail from a nearby property owner at 559 Burgland Ave. Upon returning the call there was some concern about noise that may be created in the neighborhood. They are opposed to the zoning change. An email was received from a nearby property owner at 590 Burgland with concerns about the lack of maintenance on this property over the years, the noise it may create in the neighborhood, where customers will be parking. The owner also mentioned the rezoning of another lot in the area a few years ago they opposed and the Planning & Page 3 of 3 Zoning Commission opposed, but City Council approved. This owner stated it is mainly a residential area and they are opposed to the zoning change. The Commission members considered the following items: • The city and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development. • The Development Review Committee reviewed the proposed special use at their July 8, 2020 meeting and recommended approval. • After the DRC meeting, several property owners in the area submitted opinions against the zoning amendment citing concerns that it would not be compatible with existing uses and zoning of nearby property and that it would result in significant adverse impacts on other property in the vicinity or on the environment, including air, water, noise, stormwater management, wildlife and natural resources. Member Nygard moved, seconded by Member Carlson to recommend the zoning amendment NOT be approved by City Council. Roll Call #3 Ayes: Carlson, McKelvie, Nygard, Uhlmann 4. Nays: Kelley, 1. Abstentions: None. Chairperson declared the motion approved. PZ-20-0904 Consider Excused absence of Member Johnson from the August 18, 2020 meeting. Member Uhlmann moved, seconded by Member McKelvie to approve the excused absence. Excused absence was approved by voice vote. There being no further business, the meeting adjourned at 5:53 p.m. ________________________ Steve Gugliotta, AICP Executive Secretary CITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP DATE: October 12, 2020 SUBJECT: PZ-20-1001 Variance Application 1232 N Broad St Attached for the Commission’s review is a variance application received from the owner of 1232 N Broad St. The property owner is proposing to construct a deck that will come out from the back of the house 6 feet and be 10 feet wide. There is about 13 feet 6 inches between the house and an existing detached garage, so the construction of the deck will reduce the distance between the new deck and existing detached garage to about 7 feet 6 inches. Section 152.031 (B) (5) of the Development Ordinance of the City of Galesburg states that any accessory building or structure that is closer than ten feet to the principal building shall be considered part of the principal building and the side, rear and front yard setbacks for the principal building shall be required. In this situation, if the deck is built as proposed it will be considered part of the principal building. The proposed deck would also be within 10 feet of the existing detached garage, which means the detached garage would then have to meet the same side, rear and front yard setbacks as required by the principal building. It is for this reason they are seeking a variance. The property is zoned R1A, single family which requires a 10 foot side yard setback. The existing detached garage appears to be at, or on, the side property line. The owner is requesting a variance of Section 152.031(B) (5) to allow the principal building/structure (i.e. the proposed deck) to be 7 feet to the existing accessory garage, instead of the required 10 foot separation (a 30% reduction). If this variance is approved, it would allow the deck to be constructed and the existing garage to stay in its current location. The Development Review Committee members reviewed the variance request at their October 7, 2020 meeting and recommend approval. Supporting Documents: 1. Criteria for variances 2. Aerial – General Location 3. Variance application cc: File Copy CITY OF GALESBURG ____________________________________________________________________________ Page 1 of 1 Community Development Department Memo Operating Under Council – Manager Government Since 1957 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP SUBJECT: Standards for granting variances (C) Standards for granting variances. (1) The Planning and Zoning Commission shall not vary the provisions of this chapter as authorized in this section unless it shall have made affirmative findings based upon the evidence presented to it in each of the following specific cases: (a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Applicants must submit evidence identifying the price paid for the property. Paying more for the property than it is worth, purchasing it at a price which anticipates and obtains variances, or showing that the property would be worth more if a variance is granted is not evidence of lack of a reasonable return; (b) That the situation of the owner is due to unique physical circumstances of the property; and (c) That the variance, if granted, will not alter the essential character of the neighborhood. (2) For the purpose of supplementing the above standards, the Planning and Zoning Commission, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence: (a) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out; (b) That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification; (c) That the purpose of the variance is not based exclusively upon a desire to make more money out of the property; (d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property; (e) That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and (f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood. (3) The Planning and Zoning Commission may require conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this division (C) to reduce or minimize the injurious effect of the variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter. cc: File Copy VARIANCE APPLICATION PETITIONER INFORMATION: Jo Primary conta name 3P'i-'35J -1'1 rJf Phone Fax OTHER APPLICANTS AND INTERESTED PARTIES: Relationship Name Company Appli ca nt 0 '-' ~ Owner(s) J;°s~J.. ~ k>~~ ~hn-c•' l .:±<abin ~Q Deve loper(s) Eng in eer Su rveyor ?4. vv (.. {,/</t>I City , State , Zip 'j Ul1 !\bw11111'e SY'c.de.e_ 'ta/i I ti • C.0-.... Email / Mai ling Address Ph one# /:237-,U lfl.;t>Ad :$J7-35/ /t/Of la?>~ JJ. Bero& ·roi -3o8 -S-~s7 Agent/Attorn ey ---------------------------- SITE INFORMATION: Acres Pr perty Ide nttfication Number P ) WHAT SPECIFIC ORDINANCE SECTI9J~"(SJ.),,i\RE YOU REQUESTING A VARIANCE: /s:J .031(/3)) ' ~ s:JO~L .15~· d.t J 5ef"f,,1JL{ ~~ /leP-4,r~~ µ111J7u ~~)'VO~ L,.-10.j x~ 1-o 1:K-2 µ,.//~ ;tJ · 1 ZONING INFORMATION: Curreng :l + Existing Land Use EXPLAIN THE REASOd:IHE VARIANCE REQUEST: o_U I" -~)11/l t:A -t~~ Description why the applicant is not able to comp ly with the code requirement. City Hall• 55 West Tompkins Street• Galt:shurg. IL 61401 • 309/345 -361 9 ~~c 1 -1"P ~tt:Te ~wq-)L{s -,011-_ ~:i Gv ~·z~:: I hereby affirm that I have full legal capacity to authorize the filing of this Petition and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer invites City representatives to make all reasonable inspections , investigations and pictures of the subject property during the processing period of the application. I agree to pay all fees consistent with the City payment policies and comply with City codes. I understand these fees will include publication and processing expenses and are µon-refundable. I understand that all correspondence from the City staff will be directed to the Primary Contact. It will be the Primary Contact's responsibility to inform all other interested parties of any correspondence and the status of the application . Signature of owner or authorized agent Date CHECKLIST OF REQUIRED VARIAN CE APPLICATION ITEMS: D One original completed variance application form . D Payment of a $75 non-refundable filing fee. Checks should be made payable to "City of Galesburg". D Fifteen (15) copies of the site plan addressing all required items as listed in subsection 152.134 C of the Development Ordinance . ln general , subsection 152 .134 C seeks to preserve existing trees , minimize cut and fill , avoid unnecessary impervious cover, prevent flooding and pollution, provide adequate access to lots and sites and mitigate adverse effects of shadow, noise , odor, traffic , drainage and utilitie s on neighboring properties. D Authorized Signature Acknowledgement. If the owner(s) of the property in question will not be the primary contact or is not the applicant, then an acknowledgement must be signed by the property owner( s) designating an authorized agent for the petition. It shall state the authorized agent has the authority to deal with the property in all aspects with regards to the petition . D Attachments such as building layouts or elevations , etc. depicting compliance with the standards for granting variances are recommended in order to provide accurate and sufficient information for consideration by the Development Review Committee and Planning and Zoning Commission. D The petitioner(s) or authorized agent must be present at the Planning and Zoning Commission meeting to address any questions that may arise. City J Jail• 55 West fompkins Street• Galesburg. IL 6140 I • 309/345-3619 Updated January 2020 Page 6 of 6 ~ -/\ (7' ~ ..... \')A <_1· t¢ \ ~ ~ tr\~ r.. ·~~ ~ s~,t I' .-? . n If} . ), 1'2' .... (, I fLo!JPfVJ IJ.'bl--f"' \... J -I u_ ,-/-r---., \ I 1 ' I \ I I \J/ I ~ I" I ' ~ /, ' -'/ , I " J LJfJlAS5 l l i - - '""· -------------~---~.------ 9 /22/2020 20200922 _ 141656 _resized .jpg https://mail .google .com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgxwJXxtGGrNCVDvNgDQdVndWhmQb?projector= 1 &messagePartld =O .1 1/1 9/22/2020 20200922_ 141726_resized .jpg https ://mail .google .com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgxwJXxtGGrNCVDvNgDQdVndWhmQb?projector=1&messagePartld=0 .1 1/1 CITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP Planning Manager DATE: October 12, 2020 SUBJECT: PZ-20-1002 Excused Absences Members Johnson and Thomas were absent from the September 22, 2020 meeting and notified the Community Development Department prior to his absence, so they are eligible for an excused absence. cc: File Copy