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um

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oh

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all right
we're good to go

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i think we're good to go okay

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i call the september meeting of the
planning and zoning commission order i'm

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sorry for the delay but we need to let
the public watch it on video if they so

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choose

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jay would you call the roll please
committee klinger here

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heidemann here fluke here mr umber here
mr daniel lewich here

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jay holmes is here and sharon hankins
here

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we've got a quorum

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uh everybody received minutes to the
last meeting

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um
[Music]

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i'm gonna note one change uh there's a
typo

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uh in the approval of agenda item number
eight

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other than that
uh are there any corrections or

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additions

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now they'd entertain a motion
so

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motion in a second second motion in a
second all in favor

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all right

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jay do you have the decisions from the
last meeting i do

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[Music]

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approved items from the august 23 2020
planning and zoning commission meeting

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i had in one text amendment for churches
as a special use in the light industrial

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and general industrial districts
and special use permit for church at

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1 1189 forest hills road
item 2 special use permit for outdoor

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storage at 1152 turret road item three
text amendment for medical and dental

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clinics and outpatient medical
facilities is a special use

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in the general industrial district
and special use permit for a therapy and

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wellness office at 9950 north alpine
road

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and finally text amendment to the
planning and zoning

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commission section of the zoning code

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thank you

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uh we've got 10 items on the agenda
tonight

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um

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first one being
um

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ordinance 48-21
variance in front yard fence height for

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property known as 604 mark 604 marquette
road

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kerry would you give us the staff report
on that please yes this property owner

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at 604 marquette had a six foot fence
installed in her front yard basically

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around the driveway in her front yard
right up to the front property line

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she did not get a permit before building
this fence we believe she knew that she

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needed a permit and she knew that a six
foot fence would not be allowed in the

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front yard area the maximum fence site
that our code allows for front yard

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sends is four feet
however

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she did continue to have the fence built
after receiving the violation notice she

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applied for this variance in order to
keep the fence as it is

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staff is recommending denial of the
fence high to variance there's nothing

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00:04:06,640 --> 00:04:11,840
unusual about the property which
warrants a fence this tall in the front

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yard
it's actually a small yard and a tight

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space and this fence could pose a
visibility hazard for cars that are

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backing out on the marquette from those
driveways near the fence

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thank you
thanks gary

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the applicant is debbie kennedy's
applicant president

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would you approach and be sworn in
please

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could you please raise your right hand
do you solemnly swear to tell the food

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the whole truth
the troops to help you guys yes state

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your name and address for the record
please

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00:04:45,600 --> 00:04:53,759
debbie kennedy 604 market road machester
illinois thank you

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you have the floor um
okay what i did is i

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took a flint
i took an existing thanks down and

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replaced it
some of it was

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tall
already it was broken and decrepit had

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been there 30 years
i did raise some of it up higher

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i have a neighbor next door that i can't
go outside without being attacked

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verbally by her continuously
i never did i didn't

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feel like calling the law i just but
her words to me are very uh vulgar every

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time my name is debbie she's never
called it i run a business there my

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name's on my truck it's on the sign and
stuff

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so what i would like to say that yeah um
i got the violation and i did apply for

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00:05:41,840 --> 00:05:47,759
the variance hoping that you would give
me some leniency

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00:05:44,880 --> 00:05:52,720
i do not have the fence clear to the
street because years ago oh my gosh

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probably 10 years ago
i had already moved

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my front fence that was there up
and made parking out front because i had

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a in home salon
then you guys installed the curbing

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so that took that away and then in the
spring i put a

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track in there so the cars could park
one or two small cars to park in the

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front if need be
my fence does end when you look for most

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trees and if you look down the street
i'm not doing any more visibility hiding

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other than for her to see me come in and
out of my house

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i just called the law last tuesday
i went out at 5 30 in the morning

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because i had the lot my house four
times on monday due to her

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i cleaned up a pile of rubbish
um it was building materials but people

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were taking it um i thought i had
permission to leave it there

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00:06:47,120 --> 00:06:54,720
she called the law i talked to and i
forget his name um your gentleman here

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00:06:52,800 --> 00:06:59,360
um he did not give me a date to pick it
up but i he gave me to friday but i

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cleaned it up that day
with that being said there was a little

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bit left that my girlfriend wanted these
patio blocks so the next morning i got

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00:07:06,240 --> 00:07:12,800
it up to smooth them out i'm going to
take a picture and come up here because

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00:07:09,840 --> 00:07:16,080
i got a parking ticket on the day before
and see if somebody could help me with

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00:07:14,080 --> 00:07:21,120
the parking ticket and show the
gentleman i had cleaned up the mess like

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i said before friday
the policeman that came ended up taking

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me to swedish america and trying to put
me on the fourth floor because i got mad

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did she come out at 5 30 in the morning
with a flashlight to watch

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i was the crazy one so this is what i'm
trying to say

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i had to go outside the top part of the
fence which is not to the street to

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clean the rest of the mess up and make
it look presentable to give you guys a

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picture
otherwise i don't even go outside my

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street
i am wearing

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a gun harvest i walk around my yard with
a gun

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so they will not touch me talk to me or
even look at me i'm tired of it i'm 60

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years old
i don't know if they're bored or what

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00:08:01,919 --> 00:08:08,240
i'm usually just cutting their weeds
i can show you pictures of the side of

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their house between
our houses and the fence

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there's 15 or 16 months worth of weeds
there it has not been cleaned i've asked

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them
the village whoever

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i don't know why i can't think of his
name could you tell me his name here his

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name is zach andrews our code
enforcement inspector i have talked to

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zach
last year the year before and we're here

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again this year
you know when he was yelling at me for

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that pile in front of my house which i
talked to him on the phone and told him

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that i will be removing it i'm
remodeling my house

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people are in there picking in the good
garbage it's good material

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so you know i said you haven't even made
them clean that up it's now or what it's

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16 months at but you're out here
arguing because i'm 10 days in with a

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pile of garbage that has rotated and
been picked through and people took it

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so
i'm just saying i've lived in my house

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30 years
this gentleman has numerous tenants that

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he
i have trouble with all of them he

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doesn't control his talents i can feel
your frustration but can you keep the

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discussion
on the topic of the fence well that's

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what i'm saying so
when the

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when the fence is short
and if i go out it's like if she can see

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me i mean she's a beam right on me
so now i can actually kind of get out

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and move around you don't quite catch me
so you don't see me at all

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because i really try to run to the far
side and you know

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move around a little in my yard
um i will pretty much have my backyard

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cleaned up shortly
and i will be hanging out there but i'm

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just saying i'm putting it there so i
can have some privacy and be able to

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hang out my yard
i mean her approach to me is

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all right that's that's enough well i'm
just letting you know that's what i get

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we don't need to hear that thank you
very much thank you that's what i'm

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saying
that's what i hear when i when the

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program did you have anything more
no okay thank you

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miss kennedy
the commissioners may have some

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questions i i have one were you
were you warned by the village that you

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needed a permit to construct a fence
and that a six-foot fence was not

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allowed
i i thought because i had an existing

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fence no you weren't

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looking did you not understand that you
needed a permit to construct a fence

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as i was going to say i thought because
i was

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tearing down an old one i could just
replace it with a new one

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because i had one there prior

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any of the other commissioners have any
questions

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was the fence prior to the same height
was it six feet

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some of it was

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it just was getting old and even
uh in the an april storm it had fell

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over
and i went out to try to pick it i had a

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chain length and then i had
wire type um privacy fence so

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you have to look at their weeds anymore
but um and then it fell over

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she even seen me trying to put it up i
had brain two brain surgeries one in 19

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and one in 2020 supposed to be on a 10
pound limit but i'm out there trying to

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put both of these fences back up she
sees me outside

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and later brings it up oh i seen you
doing that

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and when i approach them with
i'm going to ask somebody to come and

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help me tie it together
i don't like that gate just you know i

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don't want that date i feel like i'm in
prison

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that's gotta go and
i have said that to zach since we've

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talked about the pile of because there
was more rubbish there i i took that off

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too
that was the stuff i cleaned out so i

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could put the fence up that's how much
junk was

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growing into my tree into between my two
fences the chain length and the wood one

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that was there prior
and it was actually out farther i cut it

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back to match the one that i already put
back years ago like 10 years ago

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did answer your question

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so there were parts of the fence that
you had previous that were six feet

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yes sir okay behind the front of her
home behind the front behind the front

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of the home not in front of the front of
the home um now there's pictures and

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some are
you can find a picture yeah i mean you

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don't see it now because my
porch is closed

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00:12:40,320 --> 00:12:47,680
any other questions of the commissioners
i'd just like to clarify that that

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00:12:45,040 --> 00:12:52,880
chain-link fence that i see on
the in that picture on this side of the

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wooden fence is also your friends
okay and it's been there uh i put it up

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i bought the house in uh october of 91
and those were all

175
00:13:00,560 --> 00:13:07,760
um put up in 1992 okay and that to me
looks like a four foot fence

176
00:13:05,440 --> 00:13:11,440
you are correct okay thank you but that
was what was over there but to get

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privacy
on the other side i i owned a building

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on north second and then my brother
owned a bar so when he left i went and

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grabbed a bunch of his six foot pieces
and i attached them

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00:13:23,040 --> 00:13:30,800
by wire tie and i didn't want to dig
holes to the fence on the other side and

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that's how i had it attached
the same way if you go down on our

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00:13:32,480 --> 00:13:38,880
second where my building was i got
fenced from somebody else and did that

183
00:13:36,240 --> 00:13:42,560
whole wall that way with wire ties
okay because you couldn't dig holes they

184
00:13:41,199 --> 00:13:46,800
had the drain
right so i just parsed it up there and

185
00:13:44,240 --> 00:13:51,120
wire tied them to get my privacy on my
property so i did the same thing there

186
00:13:50,160 --> 00:13:55,920
okay
and you see the big thing right okay

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00:13:54,000 --> 00:14:02,160
but yes there was a chain link on the
other side but i had i had wood fence

188
00:13:59,279 --> 00:14:05,839
tied to it also
and just to clarify oh sorry any other

189
00:14:04,320 --> 00:14:10,720
questions of the applicant
um so you have six foot fence around the

190
00:14:08,560 --> 00:14:17,600
whole back of your yard
okay i put that in in the spring of 92

191
00:14:14,959 --> 00:14:22,320
when i move down
i have the permit here when the six foot

192
00:14:19,839 --> 00:14:26,720
is permissible in the backyard that's
right as long as it doesn't go in front

193
00:14:24,800 --> 00:14:31,920
of the front of the home
it can go on the sides and behind

194
00:14:29,519 --> 00:14:36,880
with six feet
did you ever consider a natural barrier

195
00:14:34,880 --> 00:14:40,800
for privacy in regards to some type of
foliage as in trees yeah

196
00:14:39,839 --> 00:14:45,680
well
even when the um witness the chain link

197
00:14:44,399 --> 00:14:49,839
was lower
because no matter who lives there they

198
00:14:47,519 --> 00:14:55,120
never clean the yard or trim the trees
i've tried to grow things and

199
00:14:51,920 --> 00:14:59,040
either their children pee on it
it was it's just

200
00:14:56,560 --> 00:15:03,040
it wasn't it's not worth fighting over
so that's why

201
00:15:00,639 --> 00:15:07,199
i believe in my mind i think he's been
there maybe 20 years i don't know what i

202
00:15:05,760 --> 00:15:14,399
didn't even learn his name until six
weeks ago that's that's what i'm saying

203
00:15:09,760 --> 00:15:14,399
i don't say nothing to i

204
00:15:15,519 --> 00:15:18,399
any other questions

205
00:15:19,839 --> 00:15:27,440
thank you ma'am
and i've been a widow for like 12 so i'm

206
00:15:23,440 --> 00:15:32,800
just telling you i've maintained this
two other citizens are signed up to

207
00:15:29,440 --> 00:15:32,800
speak on this um

208
00:15:34,800 --> 00:15:38,759
is that ivy larrage

209
00:15:44,480 --> 00:15:48,320
you also raise your right hand you saw
me sort of tell the truth the whole

210
00:15:47,040 --> 00:15:52,480
truth for nothing about the troops i
hope you got i do state your name and

211
00:15:50,320 --> 00:15:57,680
address for the record please i need
lessig 608 marquette road in mcchesney

212
00:15:55,440 --> 00:16:00,680
park how do you spell your last name
l-e-s-s-i-g

213
00:16:01,759 --> 00:16:10,880
thank you thank you thank you jeremy
yeah the floor ma'am um

214
00:16:08,320 --> 00:16:14,959
i want to first say that the fence was
not

215
00:16:11,839 --> 00:16:19,680
always six foot she just put that off
it's always been the four foot

216
00:16:17,440 --> 00:16:23,600
we haven't had nothing but problems with
her the last 10 years that i've been

217
00:16:21,839 --> 00:16:27,120
there
i've been harassed by her

218
00:16:27,199 --> 00:16:33,759
i have police statements
police reports she's been arrested three

219
00:16:32,320 --> 00:16:38,880
times in the last
two months for the harassment she's done

220
00:16:36,480 --> 00:16:38,880
to us

221
00:16:40,639 --> 00:16:46,560
i don't
agree with defense being this high

222
00:16:44,560 --> 00:16:53,839
we're we're here to talk about right i
understand i'm sorry

223
00:16:48,839 --> 00:16:59,279
uh it is about the fence but last summer
she was poisoning our trees

224
00:16:57,360 --> 00:17:03,120
she was caught on tape
if the

225
00:17:00,560 --> 00:17:09,600
fence is allowed to be six foot
going to continue to poison our trees

226
00:17:06,240 --> 00:17:14,000
because we can't see that
we do have security camera all the way

227
00:17:12,319 --> 00:17:18,079
around our house
because of her

228
00:17:15,360 --> 00:17:22,240
and if that fence stays six foot we will
not be able to see her poisoning our

229
00:17:19,919 --> 00:17:22,240
trees

230
00:17:25,039 --> 00:17:27,439
thank you

231
00:17:29,840 --> 00:17:33,840
and mark stargill

232
00:17:36,480 --> 00:17:40,480
mark can you raise your right hand you
saw me sort of tell the truth the whole

233
00:17:39,120 --> 00:17:43,520
truth are nothing but the truth to help
you yes i do name and address for the

234
00:17:42,720 --> 00:17:49,280
record
mark sturgeon

235
00:17:45,120 --> 00:17:49,280
608 marquette road hey

236
00:17:49,440 --> 00:17:58,160
you have the floor sir okay um i have
owned the property for 20 years

237
00:17:55,520 --> 00:18:05,360
and for 20 years i've had nothing but
problems with this neighbor

238
00:18:01,120 --> 00:18:08,400
she's assaults my yard regularly
right now there's even a tree laying on

239
00:18:06,960 --> 00:18:12,640
my power lines that she cut in the
backyard

240
00:18:10,080 --> 00:18:18,000
she poisons my trees she cuts them she
goes into my yard cuts them down twice

241
00:18:15,600 --> 00:18:22,880
so they're not the prettiest trees but
that's because of her

242
00:18:20,080 --> 00:18:26,799
i've had flowers on that side plants
ferns hostas

243
00:18:24,720 --> 00:18:30,000
they've all been killed from the garbage
and the poisons that come from

244
00:18:30,960 --> 00:18:36,640
we have a privacy we have uh security
cameras around the house now because of

245
00:18:34,880 --> 00:18:41,840
her because the property damage over the
past 20 years has gotten so high

246
00:18:39,520 --> 00:18:45,520
but with this fence
like ivy said we can't see her placing

247
00:18:43,840 --> 00:18:48,880
our trees and we have
animals in the backyard and animals in

248
00:18:47,520 --> 00:18:52,720
the front yard
and she knows this

249
00:18:50,720 --> 00:18:57,039
after she took down the chain link fence
she left a gap in our yard and then let

250
00:18:54,960 --> 00:19:00,640
her dog in a couple times
we have no trespassing signs

251
00:19:04,400 --> 00:19:08,640
the rubbish that she was talking about
cleaning up was the rubbish that she put

252
00:19:07,760 --> 00:19:13,520
there
it wasn't our rubbish she put it there

253
00:19:10,799 --> 00:19:17,360
in front of our property
it was part of the police report when

254
00:19:15,200 --> 00:19:23,400
she
damaged the property there that bush she

255
00:19:19,679 --> 00:19:23,400
cut out of her yard

256
00:19:24,080 --> 00:19:30,480
so i don't agree with this fence
it's just a way for her to hide

257
00:19:29,120 --> 00:19:32,880
while she continues to damage my
property

258
00:19:33,840 --> 00:19:36,160
thank you

259
00:19:37,520 --> 00:19:43,840
uh that's it for those that are signed
up to speak was there anyone else that

260
00:19:40,640 --> 00:19:43,840
wanted to speak on this item

261
00:19:45,200 --> 00:19:53,840
hearing none i'm gonna close the public
discussion

262
00:19:49,760 --> 00:19:57,280
uh and i is there any i guess i'd
entertain a motion to approve

263
00:19:58,640 --> 00:20:03,120
so
in a second

264
00:20:03,280 --> 00:20:06,280
discussion

265
00:20:09,120 --> 00:20:16,400
hearing none has everyone uh
read and understand and agree with the

266
00:20:13,120 --> 00:20:21,080
findings of fact yes yes yes
are there any additions to the findings

267
00:20:18,000 --> 00:20:21,080
of fact

268
00:20:22,000 --> 00:20:27,280
no no
hearing none

269
00:20:24,799 --> 00:20:31,440
call for a vote
jay holmes is a no

270
00:20:29,440 --> 00:20:34,400
vitamin no
luke

271
00:20:32,840 --> 00:20:38,640
no
klinger no

272
00:20:36,000 --> 00:20:40,720
stromberg no
daniel

273
00:20:39,600 --> 00:20:43,760
no
chairman hinkins no

274
00:20:43,840 --> 00:20:48,480
this is going to go forward to the
planning and economic development

275
00:20:47,600 --> 00:20:53,039
committee
with our recommendation for denial

276
00:20:51,440 --> 00:20:58,120
on
october 4th

277
00:20:54,640 --> 00:20:58,120
at 5 30.

278
00:21:10,000 --> 00:21:16,320
next item on the agenda is a variance in
rear yard setback

279
00:21:14,320 --> 00:21:22,320
for principal structure for property
known as 126 winona drive

280
00:21:20,880 --> 00:21:27,360
kerry would you give us a background
from staff yep this property sustained

281
00:21:25,200 --> 00:21:31,600
some fire damage to the back of the home
earlier this year the damaged portion

282
00:21:29,360 --> 00:21:34,480
was mostly an attached garage area and
the damaged portion has since been

283
00:21:33,200 --> 00:21:38,080
demolished
the property owner would like to rebuild

284
00:21:36,159 --> 00:21:42,799
this damaged part of the home in the
same location however that location is

285
00:21:40,320 --> 00:21:46,799
only five feet inside of the rear
property line the minimum rear yard

286
00:21:45,039 --> 00:21:50,640
setback in single family zoning should
be 30 feet

287
00:21:48,640 --> 00:21:53,919
staff is recommending approval however
of the setback variants because the

288
00:21:52,480 --> 00:21:58,240
house was
for whatever reason

289
00:21:55,760 --> 00:22:01,440
cited so far back on the lot back when
it was built in 1960

290
00:22:00,230 --> 00:22:05,200
[Music]
we'd really prefer that there'd be a

291
00:22:02,960 --> 00:22:09,200
garage in the back of the property then
in the in front of the home

292
00:22:07,200 --> 00:22:12,880
utilizing that driveway to get back
there

293
00:22:10,559 --> 00:22:17,360
is a lot more desirable location for a
garage and we find that there are

294
00:22:14,799 --> 00:22:21,360
unusual circumstances here
the damage portion being rebuilt would

295
00:22:19,600 --> 00:22:25,360
not be a detriment to the surroundings
it's been that way for a long time has

296
00:22:23,200 --> 00:22:30,480
not been a detriment to the surroundings
we recommend approval with one condition

297
00:22:28,960 --> 00:22:35,760
only the original portion of the
principal structure only one story tall

298
00:22:33,600 --> 00:22:39,600
will be rebuilt in this five foot rear
set back area

299
00:22:37,360 --> 00:22:44,159
the variance would not apply to any
future editions or new structures

300
00:22:42,559 --> 00:22:46,799
thank you
thanks gary

301
00:22:46,960 --> 00:22:53,240
the applicant is sally peterson
um

302
00:23:01,919 --> 00:23:08,559
uh john penny uh 4692 chained woods
drive and cherry valley

303
00:23:07,039 --> 00:23:14,720
and then on power of attorney for my
grandma who is sally peterson okay

304
00:23:12,159 --> 00:23:19,360
so pretty much kerry covered it all
there was a house fire my grandma's 82

305
00:23:17,120 --> 00:23:23,919
years old she still lives on her own
and the fire was in the garage is where

306
00:23:21,840 --> 00:23:29,520
it started from a lawn mower
kind of swept through the house

307
00:23:25,919 --> 00:23:33,919
so me and my dad and a couple buddies
who had cleaned everything out we

308
00:23:31,280 --> 00:23:39,039
actually the structure was pretty bad
badly burned so we've taken that down

309
00:23:36,480 --> 00:23:42,720
and once i got to the permit phase i
found out that

310
00:23:40,400 --> 00:23:45,440
the variance is going to come into play
and

311
00:23:43,600 --> 00:23:50,480
i am only looking to rebuild on the same
footprint that's there now so nothing

312
00:23:47,600 --> 00:23:55,279
will be altered or above the one the one
story that you guys are discussing

313
00:23:53,200 --> 00:23:58,799
uh in addition to that everything else
i'm gonna bring up the code

314
00:23:56,960 --> 00:24:01,679
new electrical new plumbing new
bathrooms

315
00:24:00,080 --> 00:24:05,919
so while my grandma's out there i'm
gonna it's gonna be a new house once

316
00:24:03,840 --> 00:24:09,840
we're done with it and all those permits
have already been pulled as well

317
00:24:10,559 --> 00:24:12,960
thank you

318
00:24:13,520 --> 00:24:21,919
any questions of the applicant
dan um all right when i'm looking at the

319
00:24:19,760 --> 00:24:25,760
picture up there
the the garage

320
00:24:24,080 --> 00:24:30,000
is is that the garage
as it currently is now

321
00:24:28,000 --> 00:24:34,000
uh yeah so where the arrow is from the
mouse you could go up there and point to

322
00:24:31,840 --> 00:24:37,520
it yeah it's that whole stand
that goes from

323
00:24:36,559 --> 00:24:41,760
this is
concrete so it's from here to here's the

324
00:24:39,600 --> 00:24:46,640
entire garage
so it's a double deep garage single

325
00:24:43,600 --> 00:24:49,039
single garage or two
double d

326
00:24:51,940 --> 00:24:58,559
[Music]
any other questions the applicant

327
00:24:57,440 --> 00:25:01,520
no
i don't know if it's for him or for

328
00:25:00,640 --> 00:25:04,320
carrying
how far to the other property on

329
00:25:03,200 --> 00:25:07,120
greenview
yeah

330
00:25:05,440 --> 00:25:11,360
how close is it yeah there's a whole
other house back there i didn't measure

331
00:25:09,279 --> 00:25:15,520
that maybe james can measure that real
quick an approximate location

332
00:25:13,679 --> 00:25:19,279
approximate distance so that's my
cousin's house right behind my grandma

333
00:25:17,440 --> 00:25:22,240
are you talking about the
the hotline to his

334
00:25:20,960 --> 00:25:26,799
distance yeah
it's about 20 feet okay and then if you

335
00:25:24,480 --> 00:25:30,720
go to the neighbor to the right on the
behind i mean you're literally 10 feet

336
00:25:28,799 --> 00:25:34,159
away from the property line as well
there's several houses in that

337
00:25:32,080 --> 00:25:37,679
neighborhood and i'm not gonna
guess

338
00:25:35,120 --> 00:25:41,840
i i think a lot of people were
in the addition mode back then and they

339
00:25:40,320 --> 00:25:47,360
built when they could and
added on what they could

340
00:25:44,720 --> 00:25:47,360
what's the house

341
00:25:48,320 --> 00:25:50,480
okay

342
00:25:51,760 --> 00:25:58,240
i'm just just curious
anyone else

343
00:25:56,960 --> 00:26:02,159
thank you
the last request i have is i know that

344
00:26:00,080 --> 00:26:06,159
nothing can happen today but
if you guys would be kind enough to

345
00:26:04,400 --> 00:26:09,919
approve this recommendation
i would ask if there's any possible way

346
00:26:08,159 --> 00:26:13,520
to look at expedite expediting approval
through city council

347
00:26:11,760 --> 00:26:17,039
i got held up with the insurance company
they had to do their due diligence to

348
00:26:15,200 --> 00:26:21,760
make sure there wasn't arson involved or
anything like that and then they had to

349
00:26:19,520 --> 00:26:25,679
investigate the lawn mower company so
things got really delayed and now i mean

350
00:26:24,159 --> 00:26:29,360
my grandma's at a nice facility don't
get me wrong she's at tlc

351
00:26:27,600 --> 00:26:32,480
but um
i'm kind of getting up to the winter

352
00:26:30,640 --> 00:26:35,600
months and so
if you guys would be

353
00:26:34,080 --> 00:26:40,000
able to make a recommendation to city
council to consider x but there's

354
00:26:37,600 --> 00:26:43,679
expediting the approval i'd really
greatly appreciate it

355
00:26:42,400 --> 00:26:47,360
thanks guys
i just had one more question

356
00:26:45,679 --> 00:26:50,880
are you building it or do you have a
contractor no it's all contractors

357
00:26:49,760 --> 00:26:55,200
okay
so and i don't know if this is

358
00:26:53,039 --> 00:27:00,240
appropriate enough but recommend that
that wall be drywalled double drywall

359
00:26:57,919 --> 00:27:05,039
just because of the the closeness to the
other house that's why we have 30 yards

360
00:27:02,320 --> 00:27:07,080
or 30 foot setbacks so
that's yeah

361
00:27:07,279 --> 00:27:13,440
i am doing a fire barrier okay both
sides because

362
00:27:10,720 --> 00:27:17,360
where the garage connects to the house
it's actually the master bedroom and

363
00:27:15,200 --> 00:27:22,080
another bed that's required yeah so
there will be a fire barrier but i i can

364
00:27:20,559 --> 00:27:27,279
double drywall it too that's not a
problem okay but it will be finished off

365
00:27:24,240 --> 00:27:31,840
it's not going to be open okay yep
great thank you

366
00:27:29,360 --> 00:27:31,840
thanks guys

367
00:27:32,720 --> 00:27:39,520
all right yeah there are
other people signed up

368
00:27:36,399 --> 00:27:39,520
to speak uh

369
00:27:39,590 --> 00:27:46,840
[Music]
dan

370
00:27:43,840 --> 00:27:46,840
wickinski

371
00:27:55,600 --> 00:27:58,840
come on

372
00:28:03,360 --> 00:28:08,880
sir you're just supporting this
yes i'm in support again

373
00:28:07,520 --> 00:28:15,760
address for the record
uh one 137 went on the drive

374
00:28:12,399 --> 00:28:19,440
one three seven went on the drive
that's right okay

375
00:28:17,360 --> 00:28:22,080
it's been that way for uh
you're gonna go farther i guess where

376
00:28:20,480 --> 00:28:25,039
you can raise your right hand psalm is
going to tell the truth the whole truth

377
00:28:23,360 --> 00:28:29,440
nothing but the true stuff you have
absolutely thank you

378
00:28:27,360 --> 00:28:33,279
no it's uh i've been there not knowing
that people lived there prior to that

379
00:28:31,760 --> 00:28:37,120
and the thing was done about 30 years
ago he tried to try to make it easy on

380
00:28:35,440 --> 00:28:42,480
his wife so she wouldn't have to back
off that driveway all the way back

381
00:28:39,840 --> 00:28:46,559
onto the road this way she pulls into
the

382
00:28:43,200 --> 00:28:50,240
uh perpendicular parallel to the road
and then she's able to just hold the

383
00:28:48,000 --> 00:28:54,480
kernel and pull all the way through
and with the front of the car right to

384
00:28:52,159 --> 00:28:58,960
the road that she's going to go on so
it was a pretty good thing for her to

385
00:28:56,480 --> 00:28:58,960
make it easy

386
00:29:06,159 --> 00:29:13,520
i have no uh no objection to the
structure being rebuilt the way it was

387
00:29:11,600 --> 00:29:17,200
didn't seem to bother anybody else any
else there that i know of

388
00:29:15,440 --> 00:29:20,080
and i've lived there for about 40 years
44 years now

389
00:29:24,240 --> 00:29:29,120
okay
thank you thank you okay

390
00:29:31,760 --> 00:29:37,039
and
there's a dandy

391
00:29:35,520 --> 00:29:41,520
is it swish
um

392
00:29:39,120 --> 00:29:41,520
flesh

393
00:29:41,919 --> 00:29:49,440
nope
80 51 old river

394
00:29:46,720 --> 00:29:49,440
oh all

395
00:29:52,840 --> 00:29:59,520
right right
so anyone else who wish to speak on this

396
00:29:57,200 --> 00:29:59,520
item

397
00:30:00,000 --> 00:30:07,200
hearing none i'll close the public input
and entertain a motion to approve

398
00:30:12,399 --> 00:30:15,919
discussion among the commissioners

399
00:30:18,320 --> 00:30:24,159
it was there for how long i don't think
it's going to be pretty straight forward

400
00:30:22,399 --> 00:30:27,679
yeah pretty straightforward
jay so we don't need the double drywall

401
00:30:26,720 --> 00:30:31,919
right
but so we got to add that in

402
00:30:30,000 --> 00:30:34,880
i well i think that's just he said he
was really

403
00:30:33,520 --> 00:30:37,120
conditioned
right

404
00:30:47,679 --> 00:30:52,320
okay so i got a motion in a second
everyone understand and agree with the

405
00:30:50,880 --> 00:30:57,120
findings of fact
yes yes are there any additions to the

406
00:30:54,320 --> 00:30:57,120
findings of fact

407
00:30:57,600 --> 00:31:04,320
hearing none jay would you call a role
please

408
00:31:01,279 --> 00:31:07,200
commissioner heidemann yes
fluker

409
00:31:05,360 --> 00:31:10,880
yes
klinger yes

410
00:31:08,960 --> 00:31:17,440
stromberg yes
daniel levich yes

411
00:31:13,600 --> 00:31:21,279
yes commissioner hankins yes
so this will go forward to the planning

412
00:31:19,440 --> 00:31:25,039
and economic development
with our recommendation for approval

413
00:31:25,360 --> 00:31:32,440
next monday at 5 30.
thank you

414
00:31:33,200 --> 00:31:41,120
next three items are related uh we can
hear about them we can discuss them

415
00:31:39,039 --> 00:31:43,600
together we'll have to vote on them
separately

416
00:31:44,320 --> 00:31:49,519
the first is a variance from
freestanding sign base height and area

417
00:31:48,159 --> 00:31:53,919
regulations
for property known as 9901 orlando

418
00:31:52,159 --> 00:31:57,360
avenue
the

419
00:31:55,200 --> 00:32:00,159
variance in total sign area for the same
property

420
00:31:58,399 --> 00:32:04,399
and a variance from commercial design
awning standards for the same property

421
00:32:03,120 --> 00:32:07,919
kerry would you give us a staff
background please yeah i'd actually

422
00:32:06,000 --> 00:32:12,240
rather you guys discuss each of them
separately because there are

423
00:32:10,640 --> 00:32:16,000
they are kind of different okay and
we're and we have different staff

424
00:32:13,519 --> 00:32:20,559
recommendations for them also
um first is the variants from our

425
00:32:18,080 --> 00:32:24,320
freestanding sign regulations and
freddie's

426
00:32:22,320 --> 00:32:26,960
frozen custard and steak burgers is
proposing

427
00:32:25,519 --> 00:32:31,840
a poll sign
that is 30 feet tall which is three

428
00:32:29,200 --> 00:32:36,480
times taller than our code allows
and our code also requires all poles to

429
00:32:33,919 --> 00:32:40,960
be enclosed with a masonry base
this pole would not be enclosed our code

430
00:32:41,440 --> 00:32:48,720
also has a maximum area allowed for
freestanding sign of only only 100

431
00:32:46,480 --> 00:32:53,760
square feet the sign would have three
different portions to it which would add

432
00:32:50,559 --> 00:32:59,519
up to 133.8 square feet
we understand that being set back off of

433
00:32:57,039 --> 00:33:02,799
173 this new restaurant is concerned
about

434
00:33:00,480 --> 00:33:06,880
whether they'll be visible enough
but they will be included on

435
00:33:04,080 --> 00:33:11,519
multi-tenant signs right on alpine road
and right on

436
00:33:08,840 --> 00:33:16,399
173. and they're clearly clearly visible
to anyone visiting the chesnee crossing

437
00:33:13,679 --> 00:33:20,640
shopping center or or lowe's
in the lowe's store um

438
00:33:18,640 --> 00:33:24,480
staff feels this request for this tall
pole sign is unnecessary and

439
00:33:22,240 --> 00:33:28,799
uncharacteristic of the area and we are
recommending denial of this variance

440
00:33:26,559 --> 00:33:35,279
from the freestanding sign regulations
thank you

441
00:33:30,799 --> 00:33:38,320
thanks kerry uh the applicant president
representing the company

442
00:33:44,159 --> 00:33:48,399
can you raise your right hand to left
our phone up there

443
00:33:49,440 --> 00:33:52,840
yeah i want to

444
00:34:01,120 --> 00:34:06,159
all right sorry raise your right hand
you saw me tell the truth the whole

445
00:34:03,600 --> 00:34:10,399
truth nothing but the true self got it
state your name and address for the

446
00:34:07,440 --> 00:34:14,560
record please corey huck 105 39
fleetwood street huntley illinois

447
00:34:12,399 --> 00:34:18,399
thank you
so i'm just here representing them

448
00:34:16,560 --> 00:34:21,520
with any questions
you know and

449
00:34:19,520 --> 00:34:26,000
representing the client as well with uh
what they are proposing um

450
00:34:24,480 --> 00:34:30,079
my company has worked with tri-city
science on about three or four locations

451
00:34:28,159 --> 00:34:32,320
now within the chicago chicagoland
location

452
00:34:31,280 --> 00:34:36,800
area
for freddy's so um

453
00:34:34,720 --> 00:34:41,839
familiar with the projects and what goes
on and what they are requesting

454
00:34:40,000 --> 00:34:45,520
so as far as the poll sign i know that's
the main thing here um yeah the full

455
00:34:44,240 --> 00:34:50,000
sign like i said that's uh they're
looking for that height due to a lot of

456
00:34:48,399 --> 00:34:54,560
different things back there the push
back from the main road there's also a

457
00:34:52,399 --> 00:35:00,480
large tree right there that just
that's right by the mobile and that just

458
00:34:56,960 --> 00:35:06,880
blocks that whole entire area
and the uh square footage you know we're

459
00:35:04,240 --> 00:35:09,680
at 133 over the 100
um

460
00:35:07,920 --> 00:35:13,760
you know there's some things that we
could probably mess around with if we

461
00:35:11,200 --> 00:35:17,760
had to out of here uh maybe possibly
eliminating the drive through actual

462
00:35:16,079 --> 00:35:21,760
sign because we can incorporate that
into the emc board

463
00:35:20,079 --> 00:35:24,480
which will help bring us down on our
square footage

464
00:35:25,040 --> 00:35:32,160
and then so the pole skirt
you guys said is that supposed to be a

465
00:35:30,320 --> 00:35:37,119
masonry
it well it's only supposed to be a 10

466
00:35:33,680 --> 00:35:42,640
foot tall sign with the masonry base to
conform with our code okay

467
00:35:39,680 --> 00:35:47,119
so what what is the how come the mobile
on that thing doesn't have that and

468
00:35:45,200 --> 00:35:52,400
mcdonald's across the street some some
of those signs predated the change to

469
00:35:49,359 --> 00:35:58,640
our design sign code okay and actually
all those signs that don't have a

470
00:35:53,760 --> 00:35:58,640
masonry base predated the sign code okay

471
00:36:06,560 --> 00:36:10,599
any questions again

472
00:36:12,880 --> 00:36:18,800
i guess i have one uh
you you said you were familiar with the

473
00:36:17,440 --> 00:36:22,079
project
are you

474
00:36:19,760 --> 00:36:26,240
familiar with our code
not exactly your code no

475
00:36:24,320 --> 00:36:28,160
i was just informed this week when i you
know

476
00:36:26,960 --> 00:36:30,640
they asked me to come over here and
represent

477
00:36:30,720 --> 00:36:37,119
yeah the actual applicant to the sign
company and they're they're located in

478
00:36:34,480 --> 00:36:37,119
nebraska

479
00:36:39,599 --> 00:36:45,200
so is there a way that you know that we
can get some height out of this i mean

480
00:36:47,680 --> 00:36:55,599
i i did have one question uh as far as
the digital sign is that

481
00:36:52,480 --> 00:36:58,480
is that mandatory on the sign at all
yeah the client would definitely like

482
00:36:57,040 --> 00:37:02,480
that yes
okay thank you

483
00:37:01,040 --> 00:37:06,240
especially the location everything else
so really help with our special running

484
00:37:04,160 --> 00:37:09,920
specials and everything else
no i understand it's just that that area

485
00:37:07,920 --> 00:37:14,079
in orlando gets a little confusing
anyway so it could be distracting uh as

486
00:37:12,480 --> 00:37:17,920
the staff reported i
live in the area and i understand how

487
00:37:16,000 --> 00:37:23,079
that can get really
backed up there so that's that's a

488
00:37:19,520 --> 00:37:23,079
concern for me

489
00:37:23,599 --> 00:37:31,920
we understand a certain amount of
quote unquote branding in

490
00:37:28,800 --> 00:37:34,960
in the advertising of a business by
signage

491
00:37:33,680 --> 00:37:38,880
but
the brand

492
00:37:36,960 --> 00:37:42,240
doesn't have to be that big and it
doesn't have to be that tall

493
00:37:45,280 --> 00:37:50,599
so
are there any other questions of the

494
00:37:47,599 --> 00:37:50,599
applicant

495
00:37:51,359 --> 00:37:54,400
thank you thank you

496
00:37:54,960 --> 00:38:01,280
no one else has signed up to speak is
there anyone else that wishes to speak

497
00:37:58,720 --> 00:38:03,200
on this item
chairman

498
00:38:02,240 --> 00:38:06,800
hearing
james i just from the

499
00:38:05,440 --> 00:38:11,760
community and economic development
standpoint of this discussion i

500
00:38:08,880 --> 00:38:15,359
would be remiss not to mention that
the site itself is is set back it's an

501
00:38:14,000 --> 00:38:19,200
outlet
being charged with selling that out lot

502
00:38:17,440 --> 00:38:23,440
and finding this buyer
we have incredible challenges selling

503
00:38:20,880 --> 00:38:26,960
that lot because of its visibility
and so um

504
00:38:25,119 --> 00:38:30,240
we made no promises to the to the
applicant as to what sort of signage

505
00:38:28,560 --> 00:38:32,960
they could get just please be aware of
that

506
00:38:31,040 --> 00:38:36,720
but please understand that it was
difficult to find someone to buy this

507
00:38:34,880 --> 00:38:40,880
and once we did and and there's a
developer in place

508
00:38:38,800 --> 00:38:44,800
they expressed some serious concerns
about visibility being so far set back

509
00:38:43,200 --> 00:38:50,480
and of course being blocked by trees and
by kelly's so if there is some sort of

510
00:38:48,720 --> 00:38:54,160
middle of the road some way to negotiate
something it would certainly would

511
00:38:51,920 --> 00:38:57,119
benefit we'd love to see this this user
be successful that's that's all we have

512
00:38:55,920 --> 00:39:00,440
thank you
thanks james

513
00:39:01,599 --> 00:39:09,040
uh
that ends the public discussion i

514
00:39:05,359 --> 00:39:09,040
entertain a motion to approve

515
00:39:10,320 --> 00:39:15,320
so
in a second

516
00:39:16,160 --> 00:39:18,480
sorry

517
00:39:18,960 --> 00:39:26,599
second by commissioner klinger
uh

518
00:39:22,720 --> 00:39:26,599
discussion among the commissioners

519
00:39:28,480 --> 00:39:34,320
we're not here to negotiate right it's
just

520
00:39:31,599 --> 00:39:38,720
yay or nay right
that sure will actually be my question i

521
00:39:36,640 --> 00:39:42,160
think are you are
are you suggesting

522
00:39:40,560 --> 00:39:45,200
a different height that we should
consider

523
00:39:43,200 --> 00:39:49,280
i mean if 30 is out then you know is
there a height that is acceptable to the

524
00:39:46,800 --> 00:39:53,760
commission that's that's all i'm asking
i and and i hate to put this back on you

525
00:39:51,680 --> 00:39:57,119
but
what can the village do i mean what can

526
00:39:55,599 --> 00:40:00,000
the village do
it's hard for us as

527
00:39:58,720 --> 00:40:04,480
them sorry
i don't vote

528
00:40:01,359 --> 00:40:04,480
to come up with a height

529
00:40:05,119 --> 00:40:12,319
what height would get a positive
ramination what i would be okay

530
00:40:09,520 --> 00:40:17,440
i i think i i've probably said too much
so far so um i just need you all to

531
00:40:15,440 --> 00:40:21,119
understand that the seriousness of
a visibility for that lot that's that's

532
00:40:19,440 --> 00:40:25,440
all i'll say
my my personal opinion on this is that

533
00:40:23,440 --> 00:40:28,800
if if you have a good product that
people are going to

534
00:40:26,880 --> 00:40:33,200
beat a path to your door
regardless of what

535
00:40:30,480 --> 00:40:39,359
size or height your sign is
they're going to find you

536
00:40:35,200 --> 00:40:43,839
if you travel in the chicago suburbs
just out of necessity for traffic they

537
00:40:41,839 --> 00:40:48,000
put traffic out on the service roads and
sometimes it's

538
00:40:45,280 --> 00:40:50,480
extremely difficult to i mean you have
to make three turns to get into a

539
00:40:49,520 --> 00:40:53,280
business
but if you want to go to that business

540
00:40:52,240 --> 00:40:56,240
you're going to find you're going to
find a way to get there

541
00:40:56,319 --> 00:41:03,680
yeah and i'm thinking i'm pretty sure
that

542
00:41:00,319 --> 00:41:03,680
the owner of the property

543
00:41:03,920 --> 00:41:10,240
should have
or did realize the difficulties with

544
00:41:07,839 --> 00:41:13,200
access to this property before they
started construction

545
00:41:14,160 --> 00:41:16,400
jay

546
00:41:16,960 --> 00:41:23,760
and if i were to see a 10 foot
red sign behind the mobile i think i

547
00:41:22,160 --> 00:41:29,119
would recognize it you know what i mean
i don't think it's that un visible to me

548
00:41:27,359 --> 00:41:33,400
that tree right there
five times bigger than that right now

549
00:41:41,680 --> 00:41:47,040
three times bigger than that now i'm
just saying like

550
00:41:44,560 --> 00:41:50,000
now that tree is over 30 feet so
that's blocking that whole entire

551
00:41:49,040 --> 00:41:54,640
area
so you don't have that visibility that

552
00:41:51,839 --> 00:41:54,640
you see right here

553
00:41:55,200 --> 00:42:01,440
that's awesome we've already explained
that that sign predates the ordinance

554
00:42:00,560 --> 00:42:05,200
and
i understand i'm talking about the tree

555
00:42:03,520 --> 00:42:08,480
that's all that true the tree is right
there in front of that visible line so

556
00:42:07,119 --> 00:42:11,680
go up to a point where you want your
sign i mean just to give me a good

557
00:42:10,240 --> 00:42:14,560
visual of where you where you want to
put it

558
00:42:13,200 --> 00:42:19,119
you want to put it there tree's right
there on the planet right it's basically

559
00:42:16,720 --> 00:42:21,680
right behind this tree
this is where it's set on the actual

560
00:42:20,400 --> 00:42:25,599
planet
and

561
00:42:22,400 --> 00:42:29,119
pull down the side of the road
and that's going to uh

562
00:42:27,040 --> 00:42:33,599
there's got to be a sun
is that tree on uh on your property or

563
00:42:31,839 --> 00:42:38,560
no it's on the street and on the other
side gotcha i don't know if that's a

564
00:42:35,599 --> 00:42:38,560
villager or whatever it is

565
00:42:38,800 --> 00:42:45,240
so wait i'm sorry i missed it who owns
that tree

566
00:42:41,760 --> 00:42:45,240
the mobile station

567
00:42:45,280 --> 00:42:53,520
have you approached them to i personally
know i thought i'm just you know

568
00:42:49,760 --> 00:42:53,520
throwing out an idea for you that's all

569
00:42:56,640 --> 00:43:04,079
i also think there's a lot of visibility
from alpine when you're looking into the

570
00:43:00,960 --> 00:43:07,839
parking lot from alpine you see lows
and nothing else but a big wide open

571
00:43:05,839 --> 00:43:12,960
parking lot i think with this and we
haven't discussed it yet but with their

572
00:43:10,480 --> 00:43:17,359
branding on all the awnings i think
there will be a lot of visibility

573
00:43:15,200 --> 00:43:23,119
and to be very honest i've been hearing
about freddy's for a full year and how

574
00:43:20,079 --> 00:43:30,160
excited people are i don't think a 30 or
30 foot sign is going to bring you more

575
00:43:26,560 --> 00:43:32,960
people nor do i think a 10-foot sign
would keep people from visiting your

576
00:43:31,599 --> 00:43:38,240
restaurant
just yeah if you can see on the the

577
00:43:35,680 --> 00:43:42,720
freestanding sign right there
in the street view there will be a

578
00:43:40,160 --> 00:43:48,560
freddy's panel right there
also right on alpine okay which that's a

579
00:43:46,000 --> 00:43:54,000
good access to it because it's always in
my opinion so cramped on that street by

580
00:43:51,440 --> 00:44:00,640
mobile turning into the starbucks the
retail strip that more people will be

581
00:43:56,880 --> 00:44:04,400
coming probably from outline okay
i mean

582
00:44:01,680 --> 00:44:08,160
why you're asking but um
so what about this whole posit right

583
00:44:06,240 --> 00:44:11,520
there so what is that that's their
property right there so what's going on

584
00:44:10,079 --> 00:44:15,599
in this corner
that's facing there right there

585
00:44:14,160 --> 00:44:18,240
that's no
that's all them

586
00:44:18,319 --> 00:44:24,640
there wouldn't be any freestanding sign
there but the next item is proposing

587
00:44:22,880 --> 00:44:27,119
signage on all four sides of the
building

588
00:44:25,599 --> 00:44:30,400
yeah because we're kind of getting
caught up on this when there's other

589
00:44:28,640 --> 00:44:34,160
signage to talk about
yep i

590
00:44:32,319 --> 00:44:39,520
appreciate the discussion but i kind of
want to reign this in it's not our place

591
00:44:35,920 --> 00:44:39,520
to solve the problem all right

592
00:44:39,599 --> 00:44:44,960
i just said well did you have something
well

593
00:44:43,040 --> 00:44:47,599
allowing a 30-foot sign
is going to open it up for the rest of

594
00:44:46,400 --> 00:44:51,359
them i know there's a couple of them out
there that want a bigger sign we've been

595
00:44:49,599 --> 00:44:54,640
holding them back so i thought the same
thing

596
00:44:52,079 --> 00:45:00,560
yeah i just hate the whole area
and right now the aesthetics on 173 is

597
00:44:57,520 --> 00:45:05,440
very nice to deviate from what we've
worked so hard to get along there i

598
00:45:02,800 --> 00:45:07,920
think would be a detriment to
everything

599
00:45:08,480 --> 00:45:13,839
and i guess i guess my concern is about
safety as well if

600
00:45:11,839 --> 00:45:18,560
the sign that you're proposing has the
digital board on it which is just fine

601
00:45:16,079 --> 00:45:22,160
but at the same token that is probably
one of the busiest most dangerous

602
00:45:19,920 --> 00:45:26,319
corridors as it is right now because
starbucks is in the morning and there's

603
00:45:24,319 --> 00:45:29,520
mobile right there people don't do a
very good job of adhering to the traffic

604
00:45:28,160 --> 00:45:33,520
and if you have a little bit more of a
distraction between people being on the

605
00:45:31,680 --> 00:45:36,640
cell phone which they shouldn't be
driving through that corridor which

606
00:45:34,960 --> 00:45:40,319
there is no median
i'm really concerned about just more and

607
00:45:38,319 --> 00:45:46,400
more distractions in that small area and
i would venture to say also if i know

608
00:45:42,800 --> 00:45:52,079
there's um if i'm locally like i was in
the suburbs and i'm looking for a local

609
00:45:49,520 --> 00:45:56,800
eatery for example like a portillos i
type in portillos or i type in local

610
00:45:54,400 --> 00:46:01,680
eateries i see a freddy's i hit i hit on
google and i go right there so i would

611
00:45:59,599 --> 00:46:07,119
second the fact that i don't necessarily
need signage to tell me i have

612
00:46:03,760 --> 00:46:12,440
google to drive me there um and
trust me we like our custard and i don't

613
00:46:08,880 --> 00:46:12,440
think it'll be tracked

614
00:46:14,319 --> 00:46:18,319
any other discussion among the
commissioners

615
00:46:22,400 --> 00:46:28,000
we're we're going to deal with this
issue before we move on right

616
00:46:26,079 --> 00:46:31,359
sounds like she'd like to vote on them
yeah

617
00:46:29,119 --> 00:46:35,359
all right
so

618
00:46:33,520 --> 00:46:39,280
we've got a motion in a second
uh does everyone understand and agree

619
00:46:37,520 --> 00:46:44,319
with the findings of fact
yes yes yes are there any additions to

620
00:46:41,359 --> 00:46:44,319
the findings effect

621
00:46:45,040 --> 00:46:49,200
hearing none gee would you call a role

622
00:46:49,280 --> 00:46:54,560
commissioner fluger
no

623
00:46:52,960 --> 00:46:58,480
klinger no
stromberg no daniel

624
00:46:57,200 --> 00:47:01,440
now
jay holmes doesn't know

625
00:47:00,640 --> 00:47:04,240
no
commissioner

626
00:47:02,720 --> 00:47:08,720
no
so this is going to go forward

627
00:47:06,319 --> 00:47:13,920
with our recommendation for denial to
the planning and economic development

628
00:47:11,280 --> 00:47:20,319
on monday the fourth
at 5 30.

629
00:47:16,560 --> 00:47:24,000
the next item on the agenda is the
variance from total sign area

630
00:47:22,000 --> 00:47:28,880
regulations
i just say one thing but

631
00:47:26,079 --> 00:47:33,359
just to clarify since you're denying the
30-foot setup

632
00:47:30,559 --> 00:47:38,400
then the recommendation is to go to what
is the code it's a 10-foot

633
00:47:36,000 --> 00:47:41,440
setup is that right if if this were to
fail ultimately fail to get board

634
00:47:40,319 --> 00:47:46,640
approval
we could only permit a conforming sign

635
00:47:44,000 --> 00:47:52,359
that would be 10 foot high
and and we are a recommending body the

636
00:47:48,720 --> 00:47:52,359
board is ultimately

637
00:47:53,440 --> 00:47:59,680
so we could incorporate the sign the
same way just bring it down

638
00:47:57,680 --> 00:48:03,040
with the emc board and the whole thing
just as is as long as we get incorporate

639
00:48:01,920 --> 00:48:06,480
with that
that's really something to discuss with

640
00:48:04,400 --> 00:48:08,720
staff not at the planning and zoning
commission i'm just asking the question

641
00:48:07,760 --> 00:48:12,480
that's all
so i understand as a third party here

642
00:48:13,520 --> 00:48:20,880
and you're welcome to stand there but
we're moved on to the next item and we

643
00:48:18,160 --> 00:48:20,880
will call

644
00:48:22,559 --> 00:48:29,440
the second freddy's variance is also
concerning signage as we said this would

645
00:48:27,359 --> 00:48:34,480
be a variance for the amount of total
signage at the property total signage is

646
00:48:31,839 --> 00:48:40,960
both in a freestanding sign
and plus any wall mounted signs drive

647
00:48:37,839 --> 00:48:46,839
through menu boards directional signs
window decals are not added in to be

648
00:48:43,520 --> 00:48:52,160
considered with that total signage
um the total signage allowed on a

649
00:48:50,160 --> 00:48:56,640
commercial lot is equal to either two
times the millennial building frontage

650
00:48:54,640 --> 00:49:02,160
of the building
or one time the millennial lot frontage

651
00:48:59,760 --> 00:49:06,240
and frontage is where the property
fronts a public roadway

652
00:49:04,160 --> 00:49:12,319
in this case based on
the lot frontage being only where it

653
00:49:09,440 --> 00:49:17,200
faces orlando because that's only public
road the

654
00:49:13,599 --> 00:49:20,960
road on the north is a private drive
based on that

655
00:49:18,480 --> 00:49:25,280
no more than 223 square feet of total
signage should be allowed on the

656
00:49:22,480 --> 00:49:28,720
property this variance asks for a total
of

657
00:49:26,200 --> 00:49:31,839
338.8 square feet
they would like signage on each building

658
00:49:30,720 --> 00:49:35,920
facade
and the science i propose really isn't

659
00:49:33,520 --> 00:49:39,680
all that outrageous they'd like 43
square feet signs

660
00:49:37,680 --> 00:49:44,480
on the north south
and east side

661
00:49:41,680 --> 00:49:49,440
and a 76 square foot sign on the front
or west facing side that faces orlando

662
00:49:47,599 --> 00:49:53,680
plus the proposed freestanding sign that
we already discussed

663
00:49:51,280 --> 00:49:59,040
um staff feels that this is a special
circumstance because this restaurant is

664
00:49:56,480 --> 00:50:03,680
so visible from all sides
it makes sense to have identification of

665
00:50:01,200 --> 00:50:08,400
what the restaurant is on all sides
and we do recommend approval of this

666
00:50:05,200 --> 00:50:11,760
variance for the total sign area
with the condition that the freestanding

667
00:50:10,400 --> 00:50:19,599
sign
not exceed 100 square feet as our zoning

668
00:50:14,720 --> 00:50:19,599
code requires thank you thanks gary

669
00:50:20,559 --> 00:50:26,640
all right
mr hecht

670
00:50:25,359 --> 00:50:32,079
um
would you uh like to speak to this

671
00:50:29,839 --> 00:50:32,079
item

672
00:50:35,760 --> 00:50:42,960
h-o-c-k yeah
you're still under oath so i don't have

673
00:50:39,440 --> 00:50:42,960
to swear you in again no problem

674
00:50:43,520 --> 00:50:47,280
any questions for me regarding this

675
00:50:48,319 --> 00:50:54,720
i i think the explanation was pretty
good um

676
00:50:51,760 --> 00:50:58,240
are there any questions of the applicant
no no

677
00:50:56,720 --> 00:51:02,160
no
i don't think i have any on this item

678
00:51:02,640 --> 00:51:08,720
and no one else has signed up to speak
is there anyone else that wishes to

679
00:51:06,079 --> 00:51:12,720
speak
hearing on a close public discussion

680
00:51:13,119 --> 00:51:20,400
entertain a motion subject to one
condition that is up to

681
00:51:17,319 --> 00:51:24,160
338 square feet of total signage will be
permitted at this property

682
00:51:22,400 --> 00:51:28,240
however the freestanding sign shall not
be larger than 100 square feet as

683
00:51:26,240 --> 00:51:34,480
regulated in section
z82 2c of the zoning code

684
00:51:32,319 --> 00:51:37,359
so moved
second

685
00:51:35,440 --> 00:51:39,920
motion in a second discussion among the
commissioners

686
00:51:41,280 --> 00:51:46,400
i think it's fair and reasonable to
explain

687
00:51:44,720 --> 00:51:48,640
four sides of the building
yeah

688
00:51:49,440 --> 00:51:57,760
is there any other discussion
everyone agree uh and understand the

689
00:51:54,720 --> 00:52:01,680
findings of fact yes yes
are there any additions to the findings

690
00:51:59,280 --> 00:52:01,680
effect

691
00:52:03,280 --> 00:52:09,040
hearing none jay would you call role
please

692
00:52:06,720 --> 00:52:12,720
uh commissioner klinger yes
stronger yes daniel

693
00:52:11,440 --> 00:52:19,920
yes
jones is spiderman yes

694
00:52:15,440 --> 00:52:24,880
luger yes chairman hankins yes
so this one will go forward with our

695
00:52:21,520 --> 00:52:24,880
recommendation for approval

696
00:52:25,760 --> 00:52:32,800
um the last
item is a variance from commercial

697
00:52:29,040 --> 00:52:36,720
design awning standards
yeah this third freddy's variant severe

698
00:52:35,280 --> 00:52:42,400
variants from the commercial design
standards the village board adopted our

699
00:52:38,960 --> 00:52:46,240
commercial design standards in 2016
and one of the design aspects that we

700
00:52:44,079 --> 00:52:51,040
prohibit in the standards is the use of
internally illuminated awnings because

701
00:52:49,359 --> 00:52:55,200
sometimes these awnings don't look the
best especially when they're wrapped

702
00:52:52,720 --> 00:53:00,000
continuously around the building
or they're not maintained however the

703
00:52:57,440 --> 00:53:04,079
freddy's awnings are a common detail in
many of their locations

704
00:53:01,920 --> 00:53:08,640
and the spacing of the awnings separated
by the brick we believe does look nice

705
00:53:06,720 --> 00:53:13,040
it is well done and it provides light
for customer safety

706
00:53:11,520 --> 00:53:17,280
so we are recommending approval of this
variants for the illuminated awnings

707
00:53:14,880 --> 00:53:20,880
with the condition that the awnings be
consistent with how they look in the

708
00:53:19,440 --> 00:53:26,319
building elevations that are in your
packets dated

709
00:53:22,400 --> 00:53:26,319
8 18 21. thank you

710
00:53:27,440 --> 00:53:32,800
mr hawk you have anything that you'd
like to add to that

711
00:53:30,960 --> 00:53:35,599
follow me
you got to talk to them

712
00:53:37,599 --> 00:53:43,280
well with your recommendation uh you
know i agree upon that and we've done

713
00:53:41,839 --> 00:53:46,160
the illuminated almonds at every
location

714
00:53:44,319 --> 00:53:51,599
throughout the travel land area it's a
clean look it's uh provides a lot of

715
00:53:48,960 --> 00:53:56,160
light and for the patio area in the
front as well so kind of consistent for

716
00:53:53,920 --> 00:53:59,520
outdoor seating
and it's a nice look

717
00:54:00,720 --> 00:54:08,640
thank you any questions an applicant
no

718
00:54:04,960 --> 00:54:08,640
thank you thank you thank you

719
00:54:08,800 --> 00:54:13,760
no one else is signed up to speak
i assume that there's nobody that wants

720
00:54:12,480 --> 00:54:18,559
to speak on this
item either

721
00:54:15,200 --> 00:54:23,359
therefore close public discussion
entertain a motion to approve

722
00:54:20,880 --> 00:54:26,319
motion to approve
in a second

723
00:54:24,480 --> 00:54:30,079
a second
uh discussion among the commissioners

724
00:54:32,319 --> 00:54:41,280
hearing none i i think
it's a good idea i like the look of the

725
00:54:38,640 --> 00:54:41,280
elevations

726
00:54:41,359 --> 00:54:47,839
yeah does everyone understand and agree
with the funniest effect yeah yes yes

727
00:54:46,319 --> 00:54:50,240
are there any additions to the findings
in fact

728
00:54:51,280 --> 00:54:58,079
hearing that uh jay would you call a
role please commissioner stromberg

729
00:54:56,480 --> 00:55:02,079
yes
daniel arch yes

730
00:55:00,319 --> 00:55:08,799
j.o josiah
yes

731
00:55:03,920 --> 00:55:12,559
yes klinger yes chairman hinkins yes
so this one also will go forward

732
00:55:11,040 --> 00:55:16,160
planning an economic development with
our recommendation for approval

733
00:55:17,680 --> 00:55:21,480
last item on the agenda

734
00:55:22,880 --> 00:55:30,000
is a special use permit for outdoor
storage in a light industrial district

735
00:55:26,720 --> 00:55:32,319
for property known as 10 565 product
drive

736
00:55:32,480 --> 00:55:37,440
carrier would you give us the background
please yeah but the towing business

737
00:55:35,599 --> 00:55:40,799
operates from the subject property and
the applicant initially asked about

738
00:55:39,119 --> 00:55:45,040
fencing regulations because he would
like to keep towed vehicles inside of

739
00:55:42,880 --> 00:55:48,640
the friends until they're claimed
because this is more of a storage use

740
00:55:46,960 --> 00:55:53,359
than a parking use
you really need to seek this special use

741
00:55:50,720 --> 00:55:57,760
permit for outdoor storage the this type
of use is not out of character in this

742
00:55:55,680 --> 00:56:02,400
older industrial area
and we would prefer that the vehicles

743
00:56:00,480 --> 00:56:06,319
then some of which have been in
accidents be stored within a site

744
00:56:04,400 --> 00:56:09,440
obscuring fence which is mandatory
condition for all outdoor storage

745
00:56:07,760 --> 00:56:12,640
special use permits
staff recommends approval of the special

746
00:56:11,280 --> 00:56:17,440
use with
some recommended conditions in addition

747
00:56:14,640 --> 00:56:22,079
to the solid fence requirement
the storage area shall be substantially

748
00:56:20,240 --> 00:56:26,240
conforming with the site plan that was
submitted in your packets

749
00:56:23,920 --> 00:56:30,079
all vehicles shall be stored on a hard
surface parking area that complies with

750
00:56:28,319 --> 00:56:34,240
our code requirements for our hard
surface

751
00:56:31,680 --> 00:56:38,720
and the special use shall cease upon the
applicant to vacating this location so

752
00:56:36,559 --> 00:56:41,839
nobody can move in there and start
storing their own stuff in this

753
00:56:40,319 --> 00:56:47,680
fenced-in area
thank you thanks gary

754
00:56:44,880 --> 00:56:50,400
the applicant is ryan miller
president

755
00:56:48,799 --> 00:56:52,640
would you approach and be sworn in
please

756
00:56:55,359 --> 00:56:59,440
raise your right hand you saw me sort of
tell the truth the whole truth and

757
00:56:57,680 --> 00:57:04,000
nothing but the true self you got yes
name and address for the record please

758
00:57:00,880 --> 00:57:07,040
my name is ryan miller live at 10830
miller lane chesney park

759
00:57:06,240 --> 00:57:09,839
thank you
do you have anything you'd like to add

760
00:57:09,119 --> 00:57:14,720
or
um

761
00:57:11,040 --> 00:57:17,680
we are not going to use the well i guess
it's in the packet what if you guys can

762
00:57:16,480 --> 00:57:21,119
see that we're not going to use the
whole area it's probably going to be 40

763
00:57:19,760 --> 00:57:26,640
by 60
so we would go in the existing

764
00:57:23,440 --> 00:57:31,520
driveway and then turn coming
down this way into the

765
00:57:29,040 --> 00:57:34,480
into the fenced in area
um

766
00:57:32,400 --> 00:57:38,960
i guess maybe it's for a different time
but what the

767
00:57:35,920 --> 00:57:43,440
hard surface could consist of
i don't know if that's that's a staff

768
00:57:40,880 --> 00:57:46,880
issue you can talk with them about that
okay

769
00:57:45,599 --> 00:57:49,040
um
did you say i could talk about it right

770
00:57:48,240 --> 00:57:52,400
now
i i mean

771
00:57:50,559 --> 00:57:55,119
this commission doesn't
vote on that

772
00:57:53,839 --> 00:57:59,359
yeah i really don't have anything else
to add besides it's just gonna be in

773
00:57:56,960 --> 00:58:06,200
that that grassy spot basically that's
gonna be cleaned off and a hard surface

774
00:58:01,440 --> 00:58:06,200
put down so it'll be in that area

775
00:58:08,000 --> 00:58:11,599
any questions of the applicant

776
00:58:13,119 --> 00:58:20,079
i think i have one
go ahead dad so you're storing vehicles

777
00:58:17,280 --> 00:58:23,359
there yeah like operatable vehicles some
of them are operable some of them aren't

778
00:58:21,359 --> 00:58:28,000
their accident vehicles like for the
city of rockford we do accidentals and

779
00:58:25,520 --> 00:58:32,079
so we have to have a secured lot
to store them until they are claimed by

780
00:58:29,760 --> 00:58:36,720
either the insurance company or
the people themselves i don't know

781
00:58:34,720 --> 00:58:41,200
and right now we're storing them inside
the facility but i would prefer to have

782
00:58:38,880 --> 00:58:44,319
my tow trucks inside there
and what is your time limit before

783
00:58:42,720 --> 00:58:48,640
someone has to pick before it becomes
abandoned um i think it's after

784
00:58:49,040 --> 00:58:52,720
we look at it 60
a lost title is what happens and then we

785
00:58:51,920 --> 00:58:56,880
will
you know remove the car out of there so

786
00:58:55,040 --> 00:59:01,839
the longest a particular vehicle would
be there is probably 90 days okay

787
00:59:00,160 --> 00:59:07,040
that happens sometimes
most people come and get them

788
00:59:03,760 --> 00:59:11,920
fairly quickly right thank you
could you

789
00:59:09,119 --> 00:59:11,920
are there any other

790
00:59:12,079 --> 00:59:19,839
could you elaborate a little bit um one
of the conditions of approval from staff

791
00:59:17,280 --> 00:59:19,839
is that

792
00:59:20,640 --> 00:59:28,160
parking shall be
on a hard surface area that complies

793
00:59:24,720 --> 00:59:34,580
with section z65 the zoning coat
that would be concrete or asphalt or

794
00:59:32,559 --> 00:59:37,760
paving bricks i suppose
[Music]

795
00:59:35,839 --> 00:59:42,559
but the exhibit that we have here says
remove four inches of dirt and use four

796
00:59:39,760 --> 00:59:47,040
inches of crushed blacktop for parking
that's what i would love to use

797
00:59:44,400 --> 00:59:51,040
i don't know if that conforms or not but
i would put it down and then roll it

798
00:59:49,119 --> 00:59:53,520
you know with the roller and it compacts
pretty hard

799
00:59:54,559 --> 01:00:00,319
and james can probably speak to that
better about what our requirements are

800
00:59:58,400 --> 01:00:03,200
well we have allowed that in the past
this is you know sorry to correct you to

801
01:00:02,160 --> 01:00:05,920
turning green but this is the
appropriate time to talk about this i

802
01:00:04,480 --> 01:00:10,720
just don't know that there was a
variance cited from

803
01:00:08,319 --> 01:00:14,400
any of the the paving requirements in
the notifications so

804
01:00:12,480 --> 01:00:18,319
um technically it has to be at this
point has to be asphalt or

805
01:00:16,640 --> 01:00:21,359
or um
or concrete so

806
01:00:20,079 --> 01:00:24,960
um
i think in the past through this process

807
01:00:23,280 --> 01:00:28,880
we've granted a variance to allow
crushgrab crushed asphalt but i don't

808
01:00:27,119 --> 01:00:31,760
think that was cited i don't know
if that was in the application that

809
01:00:30,240 --> 01:00:35,040
probably should have been it was not in
the application

810
01:00:33,520 --> 01:00:39,520
and the reason i made my comment and i
totally respect your correcting of me

811
01:00:38,640 --> 01:00:43,839
um
but that's not that's not

812
01:00:41,680 --> 01:00:47,680
we're we're we have a special use permit
for outside stores that's that's all

813
01:00:45,520 --> 01:00:51,599
we're talking about um if there's a
variance request for the surface area

814
01:00:49,760 --> 01:00:56,480
that i don't know how we address that
today because it hasn't been noticed out

815
01:00:54,839 --> 01:00:59,280
okay
and i just want to make sure in the

816
01:00:58,000 --> 01:01:03,200
future i just want to make sure that
there isn't a conflict between one of

817
01:01:01,440 --> 01:01:07,280
the conditions that says it shall be in
accordance with this

818
01:01:05,599 --> 01:01:11,359
and another condition says it's got to
be a hard surface and

819
01:01:10,000 --> 01:01:15,920
this is
crushed blacktop the conditions on the

820
01:01:14,160 --> 01:01:20,400
staff report will be in the ordinance
that will control doesn't matter what

821
01:01:17,359 --> 01:01:20,400
you wrote on them okay

822
01:01:21,040 --> 01:01:27,359
fair enough yeah i wasn't referring to
the notes on the sideline i was just

823
01:01:24,480 --> 01:01:30,799
referring to the area
that he showed

824
01:01:29,760 --> 01:01:34,799
jake
one question

825
01:01:31,920 --> 01:01:38,400
how long have you owned the property uh
almost three years like a little over

826
01:01:36,400 --> 01:01:40,559
three years actually
okay

827
01:01:44,640 --> 01:01:51,119
i don't know if i can add to the staff
recommendations or not but

828
01:01:49,200 --> 01:01:55,440
there's fire and safe life safety codes
that need to be

829
01:01:53,119 --> 01:01:59,839
followed as well so
i would somehow like to include that in

830
01:01:57,440 --> 01:02:04,400
that that they get done
if this gets approved so

831
01:02:02,480 --> 01:02:07,839
or even if it's not approved we got to
follow the code so

832
01:02:08,000 --> 01:02:14,319
mr chairman cameras you know that yeah i
am the village was unaware of the change

833
01:02:12,319 --> 01:02:18,400
in ownership on the property and usually
a change of ownership we get

834
01:02:16,240 --> 01:02:22,240
we require an occupancy occupancy
inspection at which time those life

835
01:02:19,839 --> 01:02:27,119
safety issues are addressed so
seeing as it was three years ago it was

836
01:02:24,880 --> 01:02:30,640
starting november of 2017 is when the
new occupancy requirements came into

837
01:02:28,960 --> 01:02:35,280
play so did you acquire the building
after november of 2017

838
01:02:34,319 --> 01:02:38,799
okay
so i think we can address that if you

839
01:02:37,280 --> 01:02:43,200
wanted to add a condition that said the
applicant shall you know secure a

840
01:02:41,359 --> 01:02:47,839
a certificate of occupancy that's
standard for anybody who is new and is

841
01:02:45,760 --> 01:02:51,280
changing ownership or occupying a
building then we would be able to

842
01:02:49,280 --> 01:02:56,160
address those concerns that you have
okay well and

843
01:02:53,680 --> 01:02:56,160
if it's

844
01:02:56,559 --> 01:03:01,440
i don't know if we need to add it
because it's already

845
01:03:00,079 --> 01:03:05,119
that's a good question does it need to
be it's a condition or now that you know

846
01:03:03,359 --> 01:03:08,319
it was acquired within the last three
years you'll simply talk with the

847
01:03:06,799 --> 01:03:13,920
applicant and say hey we need to come
out and do an occupancy inspection and

848
01:03:11,039 --> 01:03:17,200
check this that the other thing and
check these boxes is that do you

849
01:03:15,760 --> 01:03:20,799
appreciate it
yeah what we're talking about okay and

850
01:03:19,280 --> 01:03:24,400
you'll cooperate with that absolutely
okay

851
01:03:22,799 --> 01:03:28,640
so not it we're not adding a new
condition for that no i don't think it's

852
01:03:26,000 --> 01:03:33,839
necessary it just we just need to make
him aware that

853
01:03:30,640 --> 01:03:33,839
we have these ordinances

854
01:03:35,039 --> 01:03:38,319
anything else for the applicant

855
01:03:39,839 --> 01:03:43,400
thank you mr miller

856
01:03:46,079 --> 01:03:50,790
um dan johnson
[Music]

857
01:03:51,839 --> 01:03:56,240
mr johnson you raise your right hand
somewhere to tell the truth the whole

858
01:03:54,400 --> 01:03:58,400
truth nothing but the truth self you got
it

859
01:03:56,960 --> 01:04:03,359
name and address for the record please
uh dan johnson 8019 amber drive in mid

860
01:04:01,920 --> 01:04:07,760
chestnut park
i'm representing rockford roller

861
01:04:04,799 --> 01:04:11,680
corporation uh which is
just south of that building um if you

862
01:04:10,160 --> 01:04:15,680
scroll out a little bit that's our
building and we also own that lot next

863
01:04:14,079 --> 01:04:20,079
to it so we're right next door to this
building here

864
01:04:16,799 --> 01:04:20,079
oh we've won it for 30 years

865
01:04:20,880 --> 01:04:27,839
my concern is that there's already a
great amount of outdoor storage going on

866
01:04:25,200 --> 01:04:31,680
there that's not fenced in or anything
um

867
01:04:28,960 --> 01:04:34,400
and so
i have a couple pictures here but it

868
01:04:33,200 --> 01:04:38,720
currently looks like it looks nothing
like that there's a big oil tank there's

869
01:04:36,640 --> 01:04:41,680
a lot of looks to be hazardous material
just sitting around outside here

870
01:04:40,880 --> 01:04:44,000
so
if

871
01:04:42,799 --> 01:04:47,680
they're going to do
a variance for outdoor storage i would

872
01:04:45,680 --> 01:04:51,440
like it to cover the entire
the fencing and the hard surface to

873
01:04:49,280 --> 01:04:54,880
cover the entire lot line
because there is i don't know if i can

874
01:04:53,200 --> 01:04:59,760
bring this up to you did you want to
submit that as a new exhibit yeah these

875
01:04:56,960 --> 01:05:03,440
are these are the pictures
this stuff has been you can start them

876
01:05:01,200 --> 01:05:08,039
down here please at least six months so
i'm sure it's permanent they just added

877
01:05:09,039 --> 01:05:13,680
or something storage
so

878
01:05:12,079 --> 01:05:16,400
there's already a great amount of copper
storage that has been going up for very

879
01:05:15,200 --> 01:05:20,640
long time there
we try to have a nice looking

880
01:05:18,319 --> 01:05:24,000
place there as you can see and apply
products on the other side is a very

881
01:05:22,079 --> 01:05:25,760
nice looking building
so

882
01:05:24,799 --> 01:05:29,920
um
i have no problem if they have a nice

883
01:05:28,079 --> 01:05:32,720
solid fence per code
i believe that's

884
01:05:32,799 --> 01:05:39,039
in your requirements would be a solid
fence at least six feet high

885
01:05:37,599 --> 01:05:44,319
uh section z
section two 59-17 i believe

886
01:05:42,400 --> 01:05:50,000
and the six foot base
blacktop obviously

887
01:05:47,359 --> 01:05:54,079
um other than that you know that that's
that's our main problem is that

888
01:05:52,480 --> 01:05:56,960
it's already
out of code so i think discussing a

889
01:05:55,760 --> 01:06:00,720
variance for
a different section

890
01:05:58,640 --> 01:06:04,760
when the whole building is not in code
currently is not appropriate

891
01:06:05,520 --> 01:06:11,839
i would just ask you sir
do you consider that a positive

892
01:06:10,880 --> 01:06:15,839
that
that

893
01:06:13,119 --> 01:06:20,079
the area where where this storage is
going to take place

894
01:06:17,680 --> 01:06:24,720
if the fence was along the entire screen
from your view yes if the fence was

895
01:06:22,160 --> 01:06:28,559
along the entire length of the property
but but having this and then having just

896
01:06:27,280 --> 01:06:34,160
hiding the rest of the stuff from the
street with this fence is not okay

897
01:06:32,880 --> 01:06:36,799
because as you can see from those
pictures

898
01:06:35,119 --> 01:06:38,960
our conference room looks right out onto
that

899
01:06:39,280 --> 01:06:42,960
so when i have customers in install
let's

900
01:06:45,599 --> 01:06:49,039
any see for mr johnson

901
01:06:51,039 --> 01:06:54,079
thank you thank you

902
01:06:54,960 --> 01:07:00,799
i have two other people that are signed
up but they're apparently

903
01:06:59,359 --> 01:07:05,839
they apparently signed on the wrong
sheet is there anyone else who'd like to

904
01:07:02,960 --> 01:07:05,839
address the commission

905
01:07:07,680 --> 01:07:11,520
hearing now i'll close the public
discussion

906
01:07:12,160 --> 01:07:15,839
and entertain emotional proof

907
01:07:16,960 --> 01:07:19,200
so

908
01:07:19,760 --> 01:07:26,319
it's sub subject to four conditions
correct

909
01:07:24,799 --> 01:07:31,839
motion to prove subject to four
conditions can you read those um

910
01:07:30,000 --> 01:07:35,920
you don't need to but it would be
subject to the conditions

911
01:07:33,680 --> 01:07:35,920
yes

912
01:07:36,240 --> 01:07:40,480
and are we out there right there those
ones

913
01:07:41,520 --> 01:07:46,000
okay okay i guess we have to discuss
that

914
01:07:44,400 --> 01:07:49,599
yes with the four with the four
recommendations am i correct that we

915
01:07:48,240 --> 01:07:52,960
have a motion
yeah yeah in a second

916
01:07:51,680 --> 01:07:56,880
i didn't hear a second we don't have a
second yet so

917
01:07:54,880 --> 01:08:00,319
now we do in a second
discussion among the commissioners

918
01:08:00,880 --> 01:08:07,760
i i have a question curiously is the
outside storage referenced by the

919
01:08:06,160 --> 01:08:12,079
person who testified
hello

920
01:08:10,480 --> 01:08:16,560
you know it shouldn't
i'm not sure if those are cars that were

921
01:08:14,160 --> 01:08:19,839
towed i i don't know what's going on
there

922
01:08:18,239 --> 01:08:26,159
but
if it's this storage of materials should

923
01:08:22,640 --> 01:08:30,719
not be on the property unless it's and
has a special use and it's contained

924
01:08:28,640 --> 01:08:35,000
within the site obscuring defense well
my point in asking the question is that

925
01:08:32,239 --> 01:08:41,520
maybe an enforcement you know you can
address more and see if that constitutes

926
01:08:39,520 --> 01:08:44,400
the storage of materials
outside

927
01:08:42,799 --> 01:08:49,839
okay just checking because they don't
you know there's some things that are

928
01:08:45,759 --> 01:08:54,000
stored outside like vehicles that aren't
you know used for the for the business

929
01:08:51,679 --> 01:08:57,759
that may not require a special use
permit would the certificate of

930
01:08:56,480 --> 01:09:01,679
occupancy
address those issues it would only

931
01:08:59,520 --> 01:09:07,600
address life safety issues
bringing the building up to

932
01:09:04,839 --> 01:09:12,080
code so we need a clarification from the
applicant

933
01:09:09,040 --> 01:09:15,679
as it bears on this issue
uh if you if it's totally your call if

934
01:09:14,080 --> 01:09:20,000
you want to invite them up to clarify
that issue yeah would you approach and

935
01:09:18,319 --> 01:09:23,120
and kind of answer that question if you
would please what what we're talking

936
01:09:21,679 --> 01:09:27,759
about is a
continuous storage of

937
01:09:25,120 --> 01:09:32,640
well we own the whole building but the
three other units are rented out to

938
01:09:30,319 --> 01:09:36,960
other people so all those vehicles are
not none of them are ours

939
01:09:34,880 --> 01:09:40,159
the only vehicles we have stored are
inside

940
01:09:38,159 --> 01:09:44,560
all those at the very end there's a
pavement company that owns that rents

941
01:09:43,040 --> 01:09:48,640
that
leases it and he's the one that has

942
01:09:46,319 --> 01:09:52,640
those cars and then there's
another gentleman that has he does you

943
01:09:50,960 --> 01:09:56,880
know some repair work
you know here and there so those are his

944
01:09:54,960 --> 01:10:01,440
their cars
that's all i wanted to say they're not

945
01:09:59,360 --> 01:10:06,239
they have nothing to do with the towing
i am not opposed to going the whole way

946
01:10:03,840 --> 01:10:10,480
across with the fence at all it just
would be hard for the tenants to get in

947
01:10:07,679 --> 01:10:14,320
and out i would have to try to
figure out a way for that

948
01:10:12,159 --> 01:10:14,320
yeah

949
01:10:14,400 --> 01:10:17,400
okay

950
01:10:18,080 --> 01:10:23,600
that answer everybody's questions
um

951
01:10:21,520 --> 01:10:27,360
yeah oh i guess i'm uh need
clarification on

952
01:10:25,360 --> 01:10:31,199
where your fence is gonna start
and and is it going into l shape to

953
01:10:29,280 --> 01:10:37,280
connect to the back of the building or
we're going to start with the

954
01:10:32,960 --> 01:10:37,280
face oh there it is i see sorry

955
01:10:39,360 --> 01:10:44,520
uh-huh
near the front okay

956
01:10:45,280 --> 01:10:50,320
all right sorry
so

957
01:10:48,159 --> 01:10:54,159
um
is there a height that you were gonna do

958
01:10:51,920 --> 01:10:59,040
mr miller it said eight to twelve so
okay i didn't i didn't see it in here

959
01:10:58,239 --> 01:11:01,760
so
okay

960
01:11:00,159 --> 01:11:06,239
i'd like to amend my
okay motion but thank you

961
01:11:04,719 --> 01:11:10,480
somebody else
somebody wants to say something

962
01:11:07,840 --> 01:11:13,480
did you have any rebuttal yeah
um

963
01:11:15,760 --> 01:11:22,000
could you speak to the microphone please
they uh bring in great big dump trucks

964
01:11:20,000 --> 01:11:26,159
and stuff a lot and and big dump trucks
and trailers on them

965
01:11:23,520 --> 01:11:28,560
and when they have a problem
accessing

966
01:11:27,520 --> 01:11:32,159
anything
rather than waiting or clearing it out

967
01:11:30,400 --> 01:11:34,880
they'll just cut across the yard through
our parking lot

968
01:11:34,960 --> 01:11:41,120
this is going to exacerbate that problem
obviously tenfold

969
01:11:38,800 --> 01:11:44,560
so that's why you know if we did the
fence all the way along the property and

970
01:11:42,560 --> 01:11:47,920
that would prevent that from happening
um but yeah that's that would if they

971
01:11:46,400 --> 01:11:50,960
don't fence that whole thing that's
gonna what's gonna happen is that

972
01:11:49,440 --> 01:11:53,920
company is going to
cut across there through our parking lot

973
01:11:52,400 --> 01:11:59,040
because that's what they do now if
there's any obstruction there at all

974
01:11:56,800 --> 01:12:02,159
thank you and that is obviously gonna
make it so they can't do that

975
01:12:04,239 --> 01:12:09,520
i think we're still on commission
discussion

976
01:12:07,440 --> 01:12:16,880
yeah jay did you have something
just that i want to amend my emotion

977
01:12:13,440 --> 01:12:16,880
and i don't do that now or not

978
01:12:18,719 --> 01:12:25,520
go for it okay well i would i would like
to amend it to include

979
01:12:23,679 --> 01:12:27,840
fencing on the south and
east

980
01:12:28,480 --> 01:12:33,440
the south yeah you're talking about
going all the way down making an l yeah

981
01:12:34,800 --> 01:12:41,600
to add a fifth condition that requires
the condition fencing yeah

982
01:12:39,520 --> 01:12:48,480
not not enclosing
all the stuff stored but just scroll on

983
01:12:44,320 --> 01:12:50,960
the property lines right to clean it up
and

984
01:12:49,199 --> 01:12:57,199
i just don't know if that's really
pertains to the self-storage special use

985
01:12:55,199 --> 01:13:02,159
because if we can
condition a defense requirement does he

986
01:12:59,920 --> 01:13:07,360
have to
does it have to be an enclosure can he

987
01:13:05,040 --> 01:13:11,360
the fence probably doesn't require a uh
they're not well for outdoor storage

988
01:13:09,600 --> 01:13:14,159
everything needs to be everything that's
stored outdoors needs to be

989
01:13:13,280 --> 01:13:19,679
storage
yeah not just park but stored yeah

990
01:13:17,600 --> 01:13:24,320
so the main method james do you think it
makes sense to have additional fencing

991
01:13:22,159 --> 01:13:27,760
is it i think so i think we need to talk
about the scope of this request this

992
01:13:25,920 --> 01:13:33,280
request is for the fenced area for the
outside storage for this business only

993
01:13:30,640 --> 01:13:37,520
what's out there elsewhere i if i
understand correctly that's

994
01:13:34,880 --> 01:13:41,520
pre-existing non-conforming i
i guess so to your if i understand

995
01:13:40,000 --> 01:13:46,159
quickly you're suggesting taking that
fence all the way along the entire

996
01:13:43,040 --> 01:13:50,640
perimeter of the property correct well
the south and then east to the building

997
01:13:48,400 --> 01:13:54,000
i don't think there's much and i don't
i don't know that's what's that the

998
01:13:52,320 --> 01:13:57,920
question that's what that question
tonight i think the fenced area for this

999
01:13:55,920 --> 01:14:02,080
gentleman's business is is what's that
question i don't know that

1000
01:14:00,640 --> 01:14:04,800
i don't know if that'll hold up i'd have
to ask attorney green if that's going to

1001
01:14:03,679 --> 01:14:09,600
hold up
way beyond what's been asked for there

1002
01:14:06,960 --> 01:14:13,679
was no publication of extending the
fence do they need a special do they

1003
01:14:11,679 --> 01:14:19,760
need a special use permit simply to put
up no they would it was only

1004
01:14:16,960 --> 01:14:23,520
to store things inside of that fence if
they wanted to fence the property that

1005
01:14:21,600 --> 01:14:27,600
doesn't need any kind of board approval
it just needs a fence permit

1006
01:14:25,760 --> 01:14:30,960
it's it's the fact that he wanted to
store

1007
01:14:28,719 --> 01:14:35,280
the vehicles the towed vehicles
inside a fenced area that required the

1008
01:14:33,120 --> 01:14:38,880
special use okay so
it's not it's nothing so my position is

1009
01:14:37,360 --> 01:14:46,159
it's nothing that would have would have
been required to be noticed out

1010
01:14:41,760 --> 01:14:46,159
adding a condition to require fencing

1011
01:14:46,800 --> 01:14:52,080
east to west along the south side and
then north and south up to the building

1012
01:14:50,719 --> 01:14:55,920
probably you could add that as a
condition i think you might want to

1013
01:14:53,520 --> 01:15:02,000
check with the applicant to see if these
willing to accept that type of

1014
01:14:59,520 --> 01:15:02,000
condition

1015
01:15:04,000 --> 01:15:12,159
yeah i can agree with mr applicant
mr miller

1016
01:15:09,600 --> 01:15:15,040
sorry mr miller i'm i
you're still under you've heard what

1017
01:15:13,679 --> 01:15:17,600
they're talking about and yeah they're
concerned

1018
01:15:16,159 --> 01:15:22,800
i guess what i
i'm not opposed necessarily to taking

1019
01:15:20,640 --> 01:15:26,320
offense all the way along back to
there's a fence a chain-link fence a

1020
01:15:24,800 --> 01:15:29,840
six-foot chain-link fence on the back
side of the property so that's probably

1021
01:15:27,679 --> 01:15:32,320
fine okay i would have to come straight
off

1022
01:15:30,640 --> 01:15:36,640
yeah and it doesn't mean it has to be a
12-foot fence like you have it just has

1023
01:15:35,040 --> 01:15:40,400
to i mean it could be offensive but
whatever kind is allowed sounds like the

1024
01:15:38,880 --> 01:15:43,600
turning around of vehicles is kind of
annoying i've never heard that's the

1025
01:15:41,760 --> 01:15:46,400
first i've ever heard
but

1026
01:15:44,560 --> 01:15:49,679
uh i was gonna say there's a drainage
ditch

1027
01:15:47,520 --> 01:15:54,080
i don't know
the water i don't know if the water

1028
01:15:51,120 --> 01:15:57,760
originally went and it went behind
the the building next to us but we had

1029
01:15:56,400 --> 01:16:01,520
to dig it all out because we kept
getting flooded and so there's a

1030
01:15:59,520 --> 01:16:05,120
drainage ditch that's on the water cars
along the property where i'm putting the

1031
01:16:03,040 --> 01:16:09,199
fence
so i mean there i guess there will be a

1032
01:16:06,880 --> 01:16:11,440
opening there but for
for my

1033
01:16:10,239 --> 01:16:15,679
fence that i
filled out this for it has to be a

1034
01:16:13,280 --> 01:16:21,120
secured lot right that lot has to be
separate from the other tenants i mean

1035
01:16:19,040 --> 01:16:25,199
just to continue offense i mean i'm not
opposed to that

1036
01:16:22,960 --> 01:16:25,199
okay

1037
01:16:25,440 --> 01:16:30,960
so james you think we should add that as
a condition then just an extended fence

1038
01:16:29,120 --> 01:16:34,400
it's not an fb 12 foot it doesn't have
to be just tough offense

1039
01:16:42,159 --> 01:16:48,920
okay would it just be so south side just
along the south side you've got a fence

1040
01:16:56,159 --> 01:17:02,880
we are voting on the approval or denial
of

1041
01:17:00,320 --> 01:17:05,199
your request for special use permit for
outdoor storage

1042
01:17:04,320 --> 01:17:10,000
with
an additional condition of a fence along

1043
01:17:07,520 --> 01:17:14,880
the south property line should it be a
solid fence otherwise it may not be a

1044
01:17:12,880 --> 01:17:17,280
benefit to the neighbor unless it's a
solid

1045
01:17:19,600 --> 01:17:25,760
it could be a chain link it could be
solid whatever whatever it wants there's

1046
01:17:23,760 --> 01:17:30,159
no requirements to put it nothing i'm
not opposed to a solid fence i just

1047
01:17:27,440 --> 01:17:34,239
wanted to point out
that whole area there's this car is just

1048
01:17:32,640 --> 01:17:38,159
parked
tire it seems to me like there's two

1049
01:17:36,000 --> 01:17:41,520
issues one offense
to kind of protect that property keep

1050
01:17:39,840 --> 01:17:45,520
people from driving off that property
and then enforcing our code with the

1051
01:17:43,760 --> 01:17:50,400
other two tenants
who doesn't sound like they're allowed

1052
01:17:47,199 --> 01:17:53,280
to engage in outside storage
again it would have to be investigated

1053
01:17:52,000 --> 01:17:58,400
it would have to be
are they i mean i saw the pictures it

1054
01:17:55,199 --> 01:18:01,920
looks like a lot of junk out there so
um all that could be when they when you

1055
01:18:00,400 --> 01:18:06,000
do the life safety inspection at the
building you could

1056
01:18:03,280 --> 01:18:09,679
walk around and see what's there so
would seem to me there's an opportunity

1057
01:18:07,520 --> 01:18:09,679
to

1058
01:18:09,760 --> 01:18:14,400
let the tenants know hey you've gone
beyond a bit beyond what you're allowed

1059
01:18:13,199 --> 01:18:19,760
to do
would that extend the special use permit

1060
01:18:17,120 --> 01:18:25,040
for the whole area if there was a fence
no

1061
01:18:21,920 --> 01:18:30,080
not unless you changed the
submitted a different site plan that had

1062
01:18:27,679 --> 01:18:32,560
the special use encompassing all of that
area

1063
01:18:31,199 --> 01:18:36,239
i guess i'm a little
well i mean i guess i'm a little

1064
01:18:34,000 --> 01:18:39,679
confused on park i mean they can't park
there they could they can park their

1065
01:18:37,840 --> 01:18:44,560
cars where people who work there can
park their cars there it's

1066
01:18:42,080 --> 01:18:50,719
the accumulation of
construction materials trailers you know

1067
01:18:47,600 --> 01:18:50,719
various stuff

1068
01:18:50,960 --> 01:18:56,719
stock and trade if you will
so i don't know i just

1069
01:18:55,360 --> 01:18:59,520
saw a couple pictures i i don't know
what's happening it just seems like the

1070
01:18:57,840 --> 01:19:03,520
whole area over there besides you know a
couple there's some nice places there

1071
01:19:01,840 --> 01:19:05,920
and i don't want to contribute to to
clutter in a mess that's not what i'm

1072
01:19:04,880 --> 01:19:09,040
getting at
just trying to

1073
01:19:07,520 --> 01:19:11,679
get the correlation between what i
applied for and all of a sudden i got to

1074
01:19:10,560 --> 01:19:14,480
clean up
you know

1075
01:19:12,719 --> 01:19:17,360
when across the street it's the same
thing

1076
01:19:15,280 --> 01:19:22,960
as well i'm asking we don't know yet
until we investigate more whether you do

1077
01:19:19,360 --> 01:19:22,960
need to clean it up right behind

1078
01:19:27,679 --> 01:19:35,440
and i would just
ask that if you do if this goes

1079
01:19:32,800 --> 01:19:38,960
and you're going to extend the the fence
all the way to the property line on the

1080
01:19:36,960 --> 01:19:43,440
south side that you would use the same
material that you're using in this

1081
01:19:40,800 --> 01:19:47,760
special use permit so if it's solid it
needs to be solid on that whole side

1082
01:19:45,360 --> 01:19:51,040
otherwise it's just
looking more of a disk

1083
01:20:02,840 --> 01:20:09,280
okay that's an amendment to your motion
who seconded it there's nobody uh do you

1084
01:20:07,840 --> 01:20:14,080
agree to the do you agree with the
amendment yeah so we'll do it as a

1085
01:20:10,880 --> 01:20:17,600
friendly amendment as opposed to so the
motioner has

1086
01:20:15,840 --> 01:20:22,960
proposed an amendment the order's agreed
to it so the record will reflect it's

1087
01:20:19,199 --> 01:20:22,960
it's an amendment to the motion

1088
01:20:23,280 --> 01:20:26,239
thank you mr miller

1089
01:20:26,320 --> 01:20:33,360
any other discussion
no no no

1090
01:20:30,800 --> 01:20:38,080
hearing none uh does everyone understand
and agree with the findings of fact

1091
01:20:35,679 --> 01:20:40,880
yes yes are there any additions to the
findings effect

1092
01:20:41,920 --> 01:20:46,880
hearing on jay would you call a role
please

1093
01:20:44,719 --> 01:20:50,239
commissioner danny levitz
yes

1094
01:20:48,639 --> 01:20:53,600
jay holmes is a yes
heidemann

1095
01:20:51,199 --> 01:20:59,360
yes luger yes
klinger yes stromberg yes commissioner

1096
01:20:57,679 --> 01:21:04,560
yes
so this will go forward with

1097
01:21:01,679 --> 01:21:07,840
our recommendation for approval
to the

1098
01:21:05,679 --> 01:21:12,239
planning and community development
on

1099
01:21:08,719 --> 01:21:12,239
monday the 4th at 5 30.

1100
01:21:13,679 --> 01:21:16,639
is there any other business

1101
01:21:16,800 --> 01:21:23,520
i
i have a question about because every

1102
01:21:19,840 --> 01:21:29,840
time they bring it we approve it the
the lighting of the canopies

1103
01:21:26,239 --> 01:21:34,560
is is it necessary to have that because
it seems like we

1104
01:21:31,840 --> 01:21:38,320
we pass them all
and it's i mean as long as they're done

1105
01:21:36,560 --> 01:21:43,040
well
i'm not sure what the uh i don't recall

1106
01:21:40,639 --> 01:21:46,159
another variance from the canopy
illuminated canopy

1107
01:21:48,719 --> 01:21:55,040
that was that way prior to
design standards the tom and jerry's

1108
01:21:53,600 --> 01:21:58,880
look like it also has some kind of
backlighting on their awnings as well

1109
01:21:58,000 --> 01:22:02,239
okay
and i'll i'll make a comment on that day

1110
01:22:00,400 --> 01:22:05,760
and it's a good question but my comment
is

1111
01:22:03,440 --> 01:22:10,560
you might have 10 buildings go up that
have awnings unilluminated and you never

1112
01:22:07,920 --> 01:22:13,920
know about them because they they're not
asking for a variance

1113
01:22:12,159 --> 01:22:17,040
you only see
the two or three or four that ask for

1114
01:22:15,920 --> 01:22:21,920
variances
so it's not that

1115
01:22:19,440 --> 01:22:25,440
all awnings are being illuminated
you know what you don't understand well

1116
01:22:23,280 --> 01:22:30,159
yeah i understand but it's like what is
the what's the conflict with the light

1117
01:22:28,000 --> 01:22:33,280
because it adds light to the people
walking

1118
01:22:31,199 --> 01:22:37,600
you know what i mean
i'm not sure what the downfall is of a

1119
01:22:35,199 --> 01:22:42,480
lighted candle i think when we when we
add that in our design standards

1120
01:22:40,239 --> 01:22:45,760
they can look crummy pretty fast when
they

1121
01:22:43,760 --> 01:22:51,040
when they're not maintained and they're
okay fill up with bugs

1122
01:22:48,480 --> 01:22:55,520
cobwebs and things like that
that tend to happen with lighter

1123
01:22:52,320 --> 01:22:57,920
canopies or lighted awnings
okay

1124
01:22:56,960 --> 01:23:02,639
i just
i just wondered how you said it

1125
01:23:00,800 --> 01:23:07,520
that's a good question
okay

1126
01:23:04,080 --> 01:23:12,320
we'll leave it alone anything else
if not i'd entertain emotional journey

1127
01:23:10,480 --> 01:23:14,560
motion to a juror
second

1128
01:23:13,679 --> 01:23:21,840
second
all in favor all right we're out of here

1129
01:23:19,280 --> 01:23:21,840
all right