VILLAGE OF RIVERSIDE, ILLINOIS PLANNING AND ZONING COMMISSION REGULAR MEETING AND PUBLIC HEARINGS MINUTES Wednesday, October 26, 2016 at 7:00 PM Riverside Township Hall, Room 4 1. Call to Order: 7:04 p.m. 2. Roll Call: Present: Chairman Kucera Commissioner Mendoza Commissioner Marhoul Commissioner Pelletier Commissioner Scanlon Absent: Commissioner Lesniak Commissioner Mateo Also in attendance: CD Director Abt, Village Attorney Marrs Sarah Kampbell, Petitioner Dan Shereck & Mark Wunderlich, Petitioners Audience members 3. Approval of Minutes: A. Planning & Zoning Commission Regular Meeting and Public Hearing minutes of September 28, 2016 A motion to approve the minutes was made by Commissioners Pelletier, seconded by Commissioner Marhoul. Voice vote. 5 Ayes. Motion passed. 4. Visitors, Petitions, Citizen Requests, and Communications - None 5. Liaison Report: Director Abt informed the Commission that the Village Board had finally voted on the 238 Scottswood porch variation. After a great deal of discussion over the past several months, the Board voted to overturn the Commission’s negative recommendation and will be voting on an ordinance approving the porch variation for the enclosed porch at an upcoming Board meeting. The Commission was disappointed and asked if it would be appropriate to come to the Board meeting. Attorney Marrs stated the vote had already been made and the ordinance was just a formality; there was no need to attend the Board meeting. 6. Public Hearings and Recommendations: A. PZ16-016 –3230-3234 S. Harlem Ave. – Special Use Permit – expansion of the existing special use for an indoor recreation facility (Vault Escape). 1. PUBLIC HEARING to consider a request to expand the existing special use for an indoor recreation facility at 3234 S. Harlem in order to add additional space and puzzle rooms on the 2nd floor of the property next door at 3230 S. Harlem Ave. in the B1-Commercial Subdistrict. Petitioner: Sarah Kampbell, d/b/a Vault Escape. Planning and Zoning Commission Minutes Regular Meeting and Public Hearing October 26, 2016 Page 2 Chairman Kucera called the hearing to order. Director Abt swore in the petitioner. Chairman Kucera read the public notice and entered into the record as Exhibit A. Chairman Kucera asked that Staff provide some background. Director Abt stated the Village has received an application from the Petitioner to expand the existing special use for an indoor recreation facility (puzzle escape room) to the 2nd Floor units at 3230 S. Harlem Ave. to provide two (2) additional puzzle escape rooms in the B1-C Zoning District. Sarah Kampbell, the Petitioner, explained that she had received special use approval for her puzzle escape room business earlier in 2016 (approved as Ordinance No. 2896), and was now proposing to expand next door to provide two (2) additional puzzle escape rooms at 3230 S. Harlem. The units (204 A & B) are located on the 2nd Floor of 3230 S. Harlem, which is the unit to the north of Vault Escape’s existing storefront. The Petitioner explained that the new rooms would be larger than the existing room and could fit 6-8 people. She is considering limiting the existing rooms to a maximum of 6 people. The clients must make reservations and the Petitioner explained that most customers come in one to two cars. The Commission asked if there had been any issues with parking so far. The Petitioner stated there have not been any issues, in fact customers rarely have to park any further away than directly in front of the unit. The Petitioner noted the new rooms, like the existing rooms, will have cameras and microphones to monitor the teams’ progress. The Commission asked if the units are connected internally or if the only access is from a separate entrance. The Petitioner confirmed that the new space is not directly connected and there is a separate entrance for the customers to go upstairs to the lobby. Staff explained to the Commission that recreational uses are a special use in the B1 Zoning District. Staff also noted that if the Planning and Zoning Commission recommends approval they should utilize the same conditions that were in the previous special use approval. Those conditions were a) the special use for an indoor recreation facility is limited to the operation of a puzzle escape room; b) petitioner shall obtain a occupancy permit prior to opening the expanded area for business; and c) petitioner shall obtain a sign permit and all signage on the subject property shall conform to all village code and zoning code regulations and requirements. Staff also advised the Commission that if they recommended approval of the special use it should be based on the standards outlined in the Staff Report. No one in the audience wished to comment. Commissioner Mendoza motioned to close the public hearing. Motion was seconded by Commissioner Scanlon. Voice vote. All Ayes. The public hearing was closed. 2. DISCUSSION, MOTION AND RECOMMENDATION by Planning and Zoning Commission to the Village Board regarding the request for text amendments set forth in 6.A.1 Planning and Zoning Commission Minutes Regular Meeting and Public Hearing October 26, 2016 Page 3 above. The Commissioners discussed the proposed expansion of the use and applicable standards and concluded that all of the findings had been met. Commissioner Pelletier motioned to recommend approval of the Petitioner’s application to expand the existing special use for an indoor recreation facility (puzzle escape room) to the second floor of 3230 S. Harlem Ave., located in the B1-C Zoning District. The Motion was seconded by Commissioner Scanlon. AYES: Pelletier, Scanlon, Marhoul, Mendoza, Kucera NAYS: None Motion Passes. B. PZ16-017 –175 Bloomingbank Rd. – Variation to un-enclose an existing enclosed front porch which encroaches into the street yard in order to create an open front porch. 1. PUBLIC HEARING to consider a request for a variation from Zoning Ordinance Section 10-7-3.H.4 which allows existing encroaching front porches, whether enclosed or unenclosed, to be restored, reconstructed or replaced in a street yard to their existing form, footprint and depth, and other such relief as is necessary, in order to restore the existing encroaching front porch to an unenclosed form in order to create an open front porch in the street yard in the R1AA Zoning District. Petitioners: S5 Construction on behalf of Mark & Maureen Wunderlich. Chairman Kucera called the hearing to order. Director Abt swore in the petitioner. Chairman Kucera read the public notice and entered into the record as Exhibit B. Chairman Kucera asked that Staff provide some background. Director Abt stated the Petitioners requested a variation in order to renovate their existing enclosed front porch, which encroaches into the street yard, to an un-enclosed (i.e. open) front porch for the Property located at 175 Bloomingbank Road in the R1-AA Zoning District. Section 10-7-3.H.4 of the Village’s Zoning Ordinance states “Existing encroaching porches, whether enclosed or unenclosed, may be restored, reconstructed or replaced in a front yard, corner side yard or street yard to their existing form, footprint and depth.” The existing porch encroaches approximately 8.5 feet into the required street yard. Since the renovation will change the form of the existing encroaching porch from enclosed to unenclosed, a variance is required. The Petitioner had provided the Commission with a historical photograph of the porch in its unenclosed form with the application. The Petitioner stated their records indicate the porch was enclosed in the early 1980s. The Petitioner explained that the owners want to take advantage of the setting and the view their home has by removing the existing windows, siding and exterior door of the existing enclosed porch. This would expose the existing lead glass windows on the front of the house. The plans are to duplicate the dual columns shown in the historical photograph provided to the Commission with the application. Planning and Zoning Commission Minutes Regular Meeting and Public Hearing October 26, 2016 Page 4 The Commission members asked whether the Owners would be restoring the railing above the porch. The Petitioner stated that they discovered a great deal of water damage due to the flat roof and had decided to mitigate that problem by changing to a sloped roof. The Petitioner stated the sloped roof was in character with the area, as many of the existing porches have sloped roofs. No one in the audience wished to comment. Commissioner Mendoza motioned to close the public hearing. Motion was seconded by Commissioner Marhoul. Voice vote. All Ayes. The public hearing was closed. 2. DISCUSSION, MOTION AND RECOMMENDATION by Planning and Zoning Commission to the Village Board regarding the request for a variation set forth in 6.B.1 above. Chairman Kucera asked the Commissioners if they felt any of the standards had not been met. The Commissioners determined that all seven standards had been met. The Commissioners discussed how the code prevented the Petitioner from re-establishing a historical material feature of the home. Commissioner Marhoul asked whether the condition was really unique. The Commissioners discussed whether the condition was unique to the property and not generally applicable to other properties in the R1-AA Zoning District. Some Commissioners noted that there may be other enclosed porches that encroach into the street yard that residents may want to unenclosed, however in this instance there is historical evidence that shows the original open porch. The Commissioners believed that was a fairly unique situation and determined that the standard had been met. It was also noted that the PZC was currently considering amendments to the Zoning Ordinance that would allow enclosed porches to be unenclosed. Commissioner Pelletier motioned to recommend approval of the Petitioner’s application for a variation from Section 10-7-3.H.4 of the Zoning Ordinance to un-enclose an existing enclosed front porch which encroaches into the street yard in order to create an open porch. The motion was seconded by Commissioner Scanlon. AYES: Pelletier, Scanlon, Marhoul, Mendoza, Kucera NAYS: None Motion Passes. 7. Old Business - None A. Continued discussion on and direction to Staff regarding possible text amendments to the Zoning Code regarding street yards and porches. Director Abt went over the latest changes to the proposed text amendment outlining the minimum setback for encroaching open front porches. She explained that throughout the village there is a great deal of variation even within a block of setbacks. She noted that corner lots tend to have the smallest street yards, however looking at the GIS and WPA Maps a large number of houses are in the 30-40’ Planning and Zoning Commission Minutes Regular Meeting and Public Hearing October 26, 2016 Page 5 setback range, however there are areas where the setbacks are smaller in the teens or twenties. She also noted that the range of setbacks can be different on one side of the street versus the other. She stated based on the average 30 ft. setback she had recommended a minimum 20 ft. setback from the property line. Staff had also incorporated a percentage of front yard for lots with street yards less than 36 ft. which would also limit how large a porch someone could build. She noted that there will be areas in town where they will not be able to have a front porch. Commissioner Mendoza asked about the 20 ft. number being arbitrary and asked for Attorney Marrs’ input. Attorney Marrs stated that so long as the number was discussed by the Commission which demonstrates a rationale, it should not be considered arbitrary by the courts. Director Abt also noted that since the definition for porches states they are only one-story structures, she wanted the Commission’s input on balconies above porches. She noted that there are several porches in town that have a railing above the porch and may or may not have a door accessing that “balcony”. She asked if the Commission was comfortable with allowing a balcony use above an encroaching porch. The Commission discussed and recommended that access to the roof above an encroaching porch be prohibited They had no issue with a decorative railing, but creating a balcony or other usable space above the encroachment seemed excessive. Chairman Kucera asked about better clarifying when the WPA would be utilized. Chairman Kucera asked that a-c be clarified with a “where applicable” type of statement. Commissioner Mendoza also noted that (a) was missing a statement indicating it was for the street yard. Staff agreed to change the language for the upcoming public hearing on the text amendment. Director Abt also noted the Preservation Commission had reviewed the text amendment and they were in agreement on the 20 foot setback however wanted to clarify that it included the eaves. Director Abt stated the Preservation Commission found that the text amendment would not have a negative impact on the Village’s historic landmark designation or the general plan of Riverside. They believed the proposed amendments did an adequate job of protecting the front yards. Richard Ray, a Preservation Commissioner, spoke regarding the matter and stated that the Preservation Commission’s recommendation on the text amendment was specifically related to their mandate and should not be utilized by the Planning and Zoning Commission to get into the details and minutia of the Zoning Ordinance. He stated that he believed there should be a difference between an enclosed porch and an open porch and that an enclosed porch is an addition. Commissioner Kucera also noted that Commissioner Lesniak had some concerns about the setbacks for porches however he was not present at the meeting. Director Abt noted there would still be discussion on this matter at the public hearing and that if the Commission wanted to change the setback number after discussing the matter with Commissioner Lesniak present, they could make that part of their recommendation to the Village Board at the public hearing. The Commissioners concurred and ask Director Abt and Attorney Marrs to finalize the draft text with their changes for a public hearing next month. 8. New Business – None. 9. Information – None. Planning and Zoning Commission Minutes Regular Meeting and Public Hearing October 26, 2016 Page 6 10. Adjournment: Commissioner Pelletier motioned to adjourn. The Motion was seconded by Commissioner Marhoul. Voice vote. All Ayes. Motion Passes. Meeting adjourned at 8:55 pm This meeting was filmed by RiversideTV. To view the meeting please visit the RiversideTV YouTube Channel or find the link on the Planning and Zoning Commission’s page on the Village’s website. EXHIBIT A EXHIBIT B
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