[0:00] um
[0:24] oh
[0:42] all right
we're good to go
[0:46] i think we're good to go okay
[0:50] i call the september meeting of the
planning and zoning commission order i'm
[0:54] sorry for the delay but we need to let
the public watch it on video if they so
[1:00] choose
[1:02] jay would you call the roll please
committee klinger here
[1:06] heidemann here fluke here mr umber here
mr daniel lewich here
[1:14] jay holmes is here and sharon hankins
here
[1:17] we've got a quorum
[1:21] uh everybody received minutes to the
last meeting
[1:26] um
[Music]
[1:29] i'm gonna note one change uh there's a
typo
[1:35] uh in the approval of agenda item number
eight
[1:40] other than that
uh are there any corrections or
[1:44] additions
[1:47] now they'd entertain a motion
so
[1:52] motion in a second second motion in a
second all in favor
[1:56] all right
[2:05] jay do you have the decisions from the
last meeting i do
[2:08] [Music]
[2:13] approved items from the august 23 2020
planning and zoning commission meeting
[2:18] i had in one text amendment for churches
as a special use in the light industrial
[2:22] and general industrial districts
and special use permit for church at
[2:27] 1 1189 forest hills road
item 2 special use permit for outdoor
[2:32] storage at 1152 turret road item three
text amendment for medical and dental
[2:38] clinics and outpatient medical
facilities is a special use
[2:42] in the general industrial district
and special use permit for a therapy and
[2:48] wellness office at 9950 north alpine
road
[2:52] and finally text amendment to the
planning and zoning
[2:55] commission section of the zoning code
[2:59] thank you
[3:02] uh we've got 10 items on the agenda
tonight
[3:06] um
[3:08] first one being
um
[3:11] ordinance 48-21
variance in front yard fence height for
[3:16] property known as 604 mark 604 marquette
road
[3:22] kerry would you give us the staff report
on that please yes this property owner
[3:27] at 604 marquette had a six foot fence
installed in her front yard basically
[3:33] around the driveway in her front yard
right up to the front property line
[3:38] she did not get a permit before building
this fence we believe she knew that she
[3:42] needed a permit and she knew that a six
foot fence would not be allowed in the
[3:46] front yard area the maximum fence site
that our code allows for front yard
[3:50] sends is four feet
however
[3:53] she did continue to have the fence built
after receiving the violation notice she
[3:58] applied for this variance in order to
keep the fence as it is
[4:02] staff is recommending denial of the
fence high to variance there's nothing
[4:06] unusual about the property which
warrants a fence this tall in the front
[4:10] yard
it's actually a small yard and a tight
[4:13] space and this fence could pose a
visibility hazard for cars that are
[4:17] backing out on the marquette from those
driveways near the fence
[4:22] thank you
thanks gary
[4:24] the applicant is debbie kennedy's
applicant president
[4:29] would you approach and be sworn in
please
[4:36] could you please raise your right hand
do you solemnly swear to tell the food
[4:39] the whole truth
the troops to help you guys yes state
[4:43] your name and address for the record
please
[4:45] debbie kennedy 604 market road machester
illinois thank you
[4:51] you have the floor um
okay what i did is i
[4:56] took a flint
i took an existing thanks down and
[4:59] replaced it
some of it was
[5:03] tall
already it was broken and decrepit had
[5:06] been there 30 years
i did raise some of it up higher
[5:11] i have a neighbor next door that i can't
go outside without being attacked
[5:16] verbally by her continuously
i never did i didn't
[5:20] feel like calling the law i just but
her words to me are very uh vulgar every
[5:27] time my name is debbie she's never
called it i run a business there my
[5:32] name's on my truck it's on the sign and
stuff
[5:35] so what i would like to say that yeah um
i got the violation and i did apply for
[5:41] the variance hoping that you would give
me some leniency
[5:44] i do not have the fence clear to the
street because years ago oh my gosh
[5:50] probably 10 years ago
i had already moved
[5:54] my front fence that was there up
and made parking out front because i had
[5:59] a in home salon
then you guys installed the curbing
[6:03] so that took that away and then in the
spring i put a
[6:08] track in there so the cars could park
one or two small cars to park in the
[6:12] front if need be
my fence does end when you look for most
[6:18] trees and if you look down the street
i'm not doing any more visibility hiding
[6:24] other than for her to see me come in and
out of my house
[6:28] i just called the law last tuesday
i went out at 5 30 in the morning
[6:33] because i had the lot my house four
times on monday due to her
[6:38] i cleaned up a pile of rubbish
um it was building materials but people
[6:43] were taking it um i thought i had
permission to leave it there
[6:47] she called the law i talked to and i
forget his name um your gentleman here
[6:52] um he did not give me a date to pick it
up but i he gave me to friday but i
[6:56] cleaned it up that day
with that being said there was a little
[7:01] bit left that my girlfriend wanted these
patio blocks so the next morning i got
[7:06] it up to smooth them out i'm going to
take a picture and come up here because
[7:09] i got a parking ticket on the day before
and see if somebody could help me with
[7:14] the parking ticket and show the
gentleman i had cleaned up the mess like
[7:18] i said before friday
the policeman that came ended up taking
[7:22] me to swedish america and trying to put
me on the fourth floor because i got mad
[7:26] did she come out at 5 30 in the morning
with a flashlight to watch
[7:30] i was the crazy one so this is what i'm
trying to say
[7:36] i had to go outside the top part of the
fence which is not to the street to
[7:40] clean the rest of the mess up and make
it look presentable to give you guys a
[7:44] picture
otherwise i don't even go outside my
[7:48] street
i am wearing
[7:50] a gun harvest i walk around my yard with
a gun
[7:54] so they will not touch me talk to me or
even look at me i'm tired of it i'm 60
[7:58] years old
i don't know if they're bored or what
[8:01] i'm usually just cutting their weeds
i can show you pictures of the side of
[8:06] their house between
our houses and the fence
[8:10] there's 15 or 16 months worth of weeds
there it has not been cleaned i've asked
[8:15] them
the village whoever
[8:18] i don't know why i can't think of his
name could you tell me his name here his
[8:21] name is zach andrews our code
enforcement inspector i have talked to
[8:25] zach
last year the year before and we're here
[8:29] again this year
you know when he was yelling at me for
[8:31] that pile in front of my house which i
talked to him on the phone and told him
[8:36] that i will be removing it i'm
remodeling my house
[8:39] people are in there picking in the good
garbage it's good material
[8:42] so you know i said you haven't even made
them clean that up it's now or what it's
[8:46] 16 months at but you're out here
arguing because i'm 10 days in with a
[8:51] pile of garbage that has rotated and
been picked through and people took it
[8:56] so
i'm just saying i've lived in my house
[9:00] 30 years
this gentleman has numerous tenants that
[9:04] he
i have trouble with all of them he
[9:07] doesn't control his talents i can feel
your frustration but can you keep the
[9:11] discussion
on the topic of the fence well that's
[9:14] what i'm saying so
when the
[9:18] when the fence is short
and if i go out it's like if she can see
[9:22] me i mean she's a beam right on me
so now i can actually kind of get out
[9:27] and move around you don't quite catch me
so you don't see me at all
[9:31] because i really try to run to the far
side and you know
[9:34] move around a little in my yard
um i will pretty much have my backyard
[9:39] cleaned up shortly
and i will be hanging out there but i'm
[9:43] just saying i'm putting it there so i
can have some privacy and be able to
[9:46] hang out my yard
i mean her approach to me is
[9:53] all right that's that's enough well i'm
just letting you know that's what i get
[9:56] we don't need to hear that thank you
very much thank you that's what i'm
[10:00] saying
that's what i hear when i when the
[10:03] program did you have anything more
no okay thank you
[10:08] miss kennedy
the commissioners may have some
[10:12] questions i i have one were you
were you warned by the village that you
[10:17] needed a permit to construct a fence
and that a six-foot fence was not
[10:22] allowed
i i thought because i had an existing
[10:27] fence no you weren't
[10:30] looking did you not understand that you
needed a permit to construct a fence
[10:36] as i was going to say i thought because
i was
[10:39] tearing down an old one i could just
replace it with a new one
[10:44] because i had one there prior
[10:48] any of the other commissioners have any
questions
[10:51] was the fence prior to the same height
was it six feet
[10:55] some of it was
[10:59] it just was getting old and even
uh in the an april storm it had fell
[11:05] over
and i went out to try to pick it i had a
[11:08] chain length and then i had
wire type um privacy fence so
[11:13] you have to look at their weeds anymore
but um and then it fell over
[11:17] she even seen me trying to put it up i
had brain two brain surgeries one in 19
[11:22] and one in 2020 supposed to be on a 10
pound limit but i'm out there trying to
[11:26] put both of these fences back up she
sees me outside
[11:30] and later brings it up oh i seen you
doing that
[11:32] and when i approach them with
i'm going to ask somebody to come and
[11:36] help me tie it together
i don't like that gate just you know i
[11:40] don't want that date i feel like i'm in
prison
[11:43] that's gotta go and
i have said that to zach since we've
[11:47] talked about the pile of because there
was more rubbish there i i took that off
[11:52] too
that was the stuff i cleaned out so i
[11:56] could put the fence up that's how much
junk was
[11:59] growing into my tree into between my two
fences the chain length and the wood one
[12:04] that was there prior
and it was actually out farther i cut it
[12:09] back to match the one that i already put
back years ago like 10 years ago
[12:15] did answer your question
[12:18] so there were parts of the fence that
you had previous that were six feet
[12:22] yes sir okay behind the front of her
home behind the front behind the front
[12:26] of the home not in front of the front of
the home um now there's pictures and
[12:32] some are
you can find a picture yeah i mean you
[12:35] don't see it now because my
porch is closed
[12:40] any other questions of the commissioners
i'd just like to clarify that that
[12:45] chain-link fence that i see on
the in that picture on this side of the
[12:50] wooden fence is also your friends
okay and it's been there uh i put it up
[12:55] i bought the house in uh october of 91
and those were all
[13:00] um put up in 1992 okay and that to me
looks like a four foot fence
[13:05] you are correct okay thank you but that
was what was over there but to get
[13:10] privacy
on the other side i i owned a building
[13:14] on north second and then my brother
owned a bar so when he left i went and
[13:18] grabbed a bunch of his six foot pieces
and i attached them
[13:23] by wire tie and i didn't want to dig
holes to the fence on the other side and
[13:28] that's how i had it attached
the same way if you go down on our
[13:32] second where my building was i got
fenced from somebody else and did that
[13:36] whole wall that way with wire ties
okay because you couldn't dig holes they
[13:41] had the drain
right so i just parsed it up there and
[13:44] wire tied them to get my privacy on my
property so i did the same thing there
[13:50] okay
and you see the big thing right okay
[13:54] but yes there was a chain link on the
other side but i had i had wood fence
[13:59] tied to it also
and just to clarify oh sorry any other
[14:04] questions of the applicant
um so you have six foot fence around the
[14:08] whole back of your yard
okay i put that in in the spring of 92
[14:14] when i move down
i have the permit here when the six foot
[14:19] is permissible in the backyard that's
right as long as it doesn't go in front
[14:24] of the front of the home
it can go on the sides and behind
[14:29] with six feet
did you ever consider a natural barrier
[14:34] for privacy in regards to some type of
foliage as in trees yeah
[14:39] well
even when the um witness the chain link
[14:44] was lower
because no matter who lives there they
[14:47] never clean the yard or trim the trees
i've tried to grow things and
[14:51] either their children pee on it
it was it's just
[14:56] it wasn't it's not worth fighting over
so that's why
[15:00] i believe in my mind i think he's been
there maybe 20 years i don't know what i
[15:05] didn't even learn his name until six
weeks ago that's that's what i'm saying
[15:09] i don't say nothing to i
[15:15] any other questions
[15:19] thank you ma'am
and i've been a widow for like 12 so i'm
[15:23] just telling you i've maintained this
two other citizens are signed up to
[15:29] speak on this um
[15:34] is that ivy larrage
[15:44] you also raise your right hand you saw
me sort of tell the truth the whole
[15:47] truth for nothing about the troops i
hope you got i do state your name and
[15:50] address for the record please i need
lessig 608 marquette road in mcchesney
[15:55] park how do you spell your last name
l-e-s-s-i-g
[16:01] thank you thank you thank you jeremy
yeah the floor ma'am um
[16:08] i want to first say that the fence was
not
[16:11] always six foot she just put that off
it's always been the four foot
[16:17] we haven't had nothing but problems with
her the last 10 years that i've been
[16:21] there
i've been harassed by her
[16:27] i have police statements
police reports she's been arrested three
[16:32] times in the last
two months for the harassment she's done
[16:36] to us
[16:40] i don't
agree with defense being this high
[16:44] we're we're here to talk about right i
understand i'm sorry
[16:48] uh it is about the fence but last summer
she was poisoning our trees
[16:57] she was caught on tape
if the
[17:00] fence is allowed to be six foot
going to continue to poison our trees
[17:06] because we can't see that
we do have security camera all the way
[17:12] around our house
because of her
[17:15] and if that fence stays six foot we will
not be able to see her poisoning our
[17:19] trees
[17:25] thank you
[17:29] and mark stargill
[17:36] mark can you raise your right hand you
saw me sort of tell the truth the whole
[17:39] truth are nothing but the truth to help
you yes i do name and address for the
[17:42] record
mark sturgeon
[17:45] 608 marquette road hey
[17:49] you have the floor sir okay um i have
owned the property for 20 years
[17:55] and for 20 years i've had nothing but
problems with this neighbor
[18:01] she's assaults my yard regularly
right now there's even a tree laying on
[18:06] my power lines that she cut in the
backyard
[18:10] she poisons my trees she cuts them she
goes into my yard cuts them down twice
[18:15] so they're not the prettiest trees but
that's because of her
[18:20] i've had flowers on that side plants
ferns hostas
[18:24] they've all been killed from the garbage
and the poisons that come from
[18:30] we have a privacy we have uh security
cameras around the house now because of
[18:34] her because the property damage over the
past 20 years has gotten so high
[18:39] but with this fence
like ivy said we can't see her placing
[18:43] our trees and we have
animals in the backyard and animals in
[18:47] the front yard
and she knows this
[18:50] after she took down the chain link fence
she left a gap in our yard and then let
[18:54] her dog in a couple times
we have no trespassing signs
[19:04] the rubbish that she was talking about
cleaning up was the rubbish that she put
[19:07] there
it wasn't our rubbish she put it there
[19:10] in front of our property
it was part of the police report when
[19:15] she
damaged the property there that bush she
[19:19] cut out of her yard
[19:24] so i don't agree with this fence
it's just a way for her to hide
[19:29] while she continues to damage my
property
[19:33] thank you
[19:37] uh that's it for those that are signed
up to speak was there anyone else that
[19:40] wanted to speak on this item
[19:45] hearing none i'm gonna close the public
discussion
[19:49] uh and i is there any i guess i'd
entertain a motion to approve
[19:58] so
in a second
[20:03] discussion
[20:09] hearing none has everyone uh
read and understand and agree with the
[20:13] findings of fact yes yes yes
are there any additions to the findings
[20:18] of fact
[20:22] no no
hearing none
[20:24] call for a vote
jay holmes is a no
[20:29] vitamin no
luke
[20:32] no
klinger no
[20:36] stromberg no
daniel
[20:39] no
chairman hinkins no
[20:43] this is going to go forward to the
planning and economic development
[20:47] committee
with our recommendation for denial
[20:51] on
october 4th
[20:54] at 5 30.
[21:10] next item on the agenda is a variance in
rear yard setback
[21:14] for principal structure for property
known as 126 winona drive
[21:20] kerry would you give us a background
from staff yep this property sustained
[21:25] some fire damage to the back of the home
earlier this year the damaged portion
[21:29] was mostly an attached garage area and
the damaged portion has since been
[21:33] demolished
the property owner would like to rebuild
[21:36] this damaged part of the home in the
same location however that location is
[21:40] only five feet inside of the rear
property line the minimum rear yard
[21:45] setback in single family zoning should
be 30 feet
[21:48] staff is recommending approval however
of the setback variants because the
[21:52] house was
for whatever reason
[21:55] cited so far back on the lot back when
it was built in 1960
[22:00] [Music]
we'd really prefer that there'd be a
[22:02] garage in the back of the property then
in the in front of the home
[22:07] utilizing that driveway to get back
there
[22:10] is a lot more desirable location for a
garage and we find that there are
[22:14] unusual circumstances here
the damage portion being rebuilt would
[22:19] not be a detriment to the surroundings
it's been that way for a long time has
[22:23] not been a detriment to the surroundings
we recommend approval with one condition
[22:28] only the original portion of the
principal structure only one story tall
[22:33] will be rebuilt in this five foot rear
set back area
[22:37] the variance would not apply to any
future editions or new structures
[22:42] thank you
thanks gary
[22:46] the applicant is sally peterson
um
[23:01] uh john penny uh 4692 chained woods
drive and cherry valley
[23:07] and then on power of attorney for my
grandma who is sally peterson okay
[23:12] so pretty much kerry covered it all
there was a house fire my grandma's 82
[23:17] years old she still lives on her own
and the fire was in the garage is where
[23:21] it started from a lawn mower
kind of swept through the house
[23:25] so me and my dad and a couple buddies
who had cleaned everything out we
[23:31] actually the structure was pretty bad
badly burned so we've taken that down
[23:36] and once i got to the permit phase i
found out that
[23:40] the variance is going to come into play
and
[23:43] i am only looking to rebuild on the same
footprint that's there now so nothing
[23:47] will be altered or above the one the one
story that you guys are discussing
[23:53] uh in addition to that everything else
i'm gonna bring up the code
[23:56] new electrical new plumbing new
bathrooms
[24:00] so while my grandma's out there i'm
gonna it's gonna be a new house once
[24:03] we're done with it and all those permits
have already been pulled as well
[24:10] thank you
[24:13] any questions of the applicant
dan um all right when i'm looking at the
[24:19] picture up there
the the garage
[24:24] is is that the garage
as it currently is now
[24:28] uh yeah so where the arrow is from the
mouse you could go up there and point to
[24:31] it yeah it's that whole stand
that goes from
[24:36] this is
concrete so it's from here to here's the
[24:39] entire garage
so it's a double deep garage single
[24:43] single garage or two
double d
[24:51] [Music]
any other questions the applicant
[24:57] no
i don't know if it's for him or for
[25:00] carrying
how far to the other property on
[25:03] greenview
yeah
[25:05] how close is it yeah there's a whole
other house back there i didn't measure
[25:09] that maybe james can measure that real
quick an approximate location
[25:13] approximate distance so that's my
cousin's house right behind my grandma
[25:17] are you talking about the
the hotline to his
[25:20] distance yeah
it's about 20 feet okay and then if you
[25:24] go to the neighbor to the right on the
behind i mean you're literally 10 feet
[25:28] away from the property line as well
there's several houses in that
[25:32] neighborhood and i'm not gonna
guess
[25:35] i i think a lot of people were
in the addition mode back then and they
[25:40] built when they could and
added on what they could
[25:44] what's the house
[25:48] okay
[25:51] i'm just just curious
anyone else
[25:56] thank you
the last request i have is i know that
[26:00] nothing can happen today but
if you guys would be kind enough to
[26:04] approve this recommendation
i would ask if there's any possible way
[26:08] to look at expedite expediting approval
through city council
[26:11] i got held up with the insurance company
they had to do their due diligence to
[26:15] make sure there wasn't arson involved or
anything like that and then they had to
[26:19] investigate the lawn mower company so
things got really delayed and now i mean
[26:24] my grandma's at a nice facility don't
get me wrong she's at tlc
[26:27] but um
i'm kind of getting up to the winter
[26:30] months and so
if you guys would be
[26:34] able to make a recommendation to city
council to consider x but there's
[26:37] expediting the approval i'd really
greatly appreciate it
[26:42] thanks guys
i just had one more question
[26:45] are you building it or do you have a
contractor no it's all contractors
[26:49] okay
so and i don't know if this is
[26:53] appropriate enough but recommend that
that wall be drywalled double drywall
[26:57] just because of the the closeness to the
other house that's why we have 30 yards
[27:02] or 30 foot setbacks so
that's yeah
[27:07] i am doing a fire barrier okay both
sides because
[27:10] where the garage connects to the house
it's actually the master bedroom and
[27:15] another bed that's required yeah so
there will be a fire barrier but i i can
[27:20] double drywall it too that's not a
problem okay but it will be finished off
[27:24] it's not going to be open okay yep
great thank you
[27:29] thanks guys
[27:32] all right yeah there are
other people signed up
[27:36] to speak uh
[27:39] [Music]
dan
[27:43] wickinski
[27:55] come on
[28:03] sir you're just supporting this
yes i'm in support again
[28:07] address for the record
uh one 137 went on the drive
[28:12] one three seven went on the drive
that's right okay
[28:17] it's been that way for uh
you're gonna go farther i guess where
[28:20] you can raise your right hand psalm is
going to tell the truth the whole truth
[28:23] nothing but the true stuff you have
absolutely thank you
[28:27] no it's uh i've been there not knowing
that people lived there prior to that
[28:31] and the thing was done about 30 years
ago he tried to try to make it easy on
[28:35] his wife so she wouldn't have to back
off that driveway all the way back
[28:39] onto the road this way she pulls into
the
[28:43] uh perpendicular parallel to the road
and then she's able to just hold the
[28:48] kernel and pull all the way through
and with the front of the car right to
[28:52] the road that she's going to go on so
it was a pretty good thing for her to
[28:56] make it easy
[29:06] i have no uh no objection to the
structure being rebuilt the way it was
[29:11] didn't seem to bother anybody else any
else there that i know of
[29:15] and i've lived there for about 40 years
44 years now
[29:24] okay
thank you thank you okay
[29:31] and
there's a dandy
[29:35] is it swish
um
[29:39] flesh
[29:41] nope
80 51 old river
[29:46] oh all
[29:52] right right
so anyone else who wish to speak on this
[29:57] item
[30:00] hearing none i'll close the public input
and entertain a motion to approve
[30:12] discussion among the commissioners
[30:18] it was there for how long i don't think
it's going to be pretty straight forward
[30:22] yeah pretty straightforward
jay so we don't need the double drywall
[30:26] right
but so we got to add that in
[30:30] i well i think that's just he said he
was really
[30:33] conditioned
right
[30:47] okay so i got a motion in a second
everyone understand and agree with the
[30:50] findings of fact
yes yes are there any additions to the
[30:54] findings of fact
[30:57] hearing none jay would you call a role
please
[31:01] commissioner heidemann yes
fluker
[31:05] yes
klinger yes
[31:08] stromberg yes
daniel levich yes
[31:13] yes commissioner hankins yes
so this will go forward to the planning
[31:19] and economic development
with our recommendation for approval
[31:25] next monday at 5 30.
thank you
[31:33] next three items are related uh we can
hear about them we can discuss them
[31:39] together we'll have to vote on them
separately
[31:44] the first is a variance from
freestanding sign base height and area
[31:48] regulations
for property known as 9901 orlando
[31:52] avenue
the
[31:55] variance in total sign area for the same
property
[31:58] and a variance from commercial design
awning standards for the same property
[32:03] kerry would you give us a staff
background please yeah i'd actually
[32:06] rather you guys discuss each of them
separately because there are
[32:10] they are kind of different okay and
we're and we have different staff
[32:13] recommendations for them also
um first is the variants from our
[32:18] freestanding sign regulations and
freddie's
[32:22] frozen custard and steak burgers is
proposing
[32:25] a poll sign
that is 30 feet tall which is three
[32:29] times taller than our code allows
and our code also requires all poles to
[32:33] be enclosed with a masonry base
this pole would not be enclosed our code
[32:41] also has a maximum area allowed for
freestanding sign of only only 100
[32:46] square feet the sign would have three
different portions to it which would add
[32:50] up to 133.8 square feet
we understand that being set back off of
[32:57] 173 this new restaurant is concerned
about
[33:00] whether they'll be visible enough
but they will be included on
[33:04] multi-tenant signs right on alpine road
and right on
[33:08] 173. and they're clearly clearly visible
to anyone visiting the chesnee crossing
[33:13] shopping center or or lowe's
in the lowe's store um
[33:18] staff feels this request for this tall
pole sign is unnecessary and
[33:22] uncharacteristic of the area and we are
recommending denial of this variance
[33:26] from the freestanding sign regulations
thank you
[33:30] thanks kerry uh the applicant president
representing the company
[33:44] can you raise your right hand to left
our phone up there
[33:49] yeah i want to
[34:01] all right sorry raise your right hand
you saw me tell the truth the whole
[34:03] truth nothing but the true self got it
state your name and address for the
[34:07] record please corey huck 105 39
fleetwood street huntley illinois
[34:12] thank you
so i'm just here representing them
[34:16] with any questions
you know and
[34:19] representing the client as well with uh
what they are proposing um
[34:24] my company has worked with tri-city
science on about three or four locations
[34:28] now within the chicago chicagoland
location
[34:31] area
for freddy's so um
[34:34] familiar with the projects and what goes
on and what they are requesting
[34:40] so as far as the poll sign i know that's
the main thing here um yeah the full
[34:44] sign like i said that's uh they're
looking for that height due to a lot of
[34:48] different things back there the push
back from the main road there's also a
[34:52] large tree right there that just
that's right by the mobile and that just
[34:56] blocks that whole entire area
and the uh square footage you know we're
[35:04] at 133 over the 100
um
[35:07] you know there's some things that we
could probably mess around with if we
[35:11] had to out of here uh maybe possibly
eliminating the drive through actual
[35:16] sign because we can incorporate that
into the emc board
[35:20] which will help bring us down on our
square footage
[35:25] and then so the pole skirt
you guys said is that supposed to be a
[35:30] masonry
it well it's only supposed to be a 10
[35:33] foot tall sign with the masonry base to
conform with our code okay
[35:39] so what what is the how come the mobile
on that thing doesn't have that and
[35:45] mcdonald's across the street some some
of those signs predated the change to
[35:49] our design sign code okay and actually
all those signs that don't have a
[35:53] masonry base predated the sign code okay
[36:06] any questions again
[36:12] i guess i have one uh
you you said you were familiar with the
[36:17] project
are you
[36:19] familiar with our code
not exactly your code no
[36:24] i was just informed this week when i you
know
[36:26] they asked me to come over here and
represent
[36:30] yeah the actual applicant to the sign
company and they're they're located in
[36:34] nebraska
[36:39] so is there a way that you know that we
can get some height out of this i mean
[36:47] i i did have one question uh as far as
the digital sign is that
[36:52] is that mandatory on the sign at all
yeah the client would definitely like
[36:57] that yes
okay thank you
[37:01] especially the location everything else
so really help with our special running
[37:04] specials and everything else
no i understand it's just that that area
[37:07] in orlando gets a little confusing
anyway so it could be distracting uh as
[37:12] the staff reported i
live in the area and i understand how
[37:16] that can get really
backed up there so that's that's a
[37:19] concern for me
[37:23] we understand a certain amount of
quote unquote branding in
[37:28] in the advertising of a business by
signage
[37:33] but
the brand
[37:36] doesn't have to be that big and it
doesn't have to be that tall
[37:45] so
are there any other questions of the
[37:47] applicant
[37:51] thank you thank you
[37:54] no one else has signed up to speak is
there anyone else that wishes to speak
[37:58] on this item
chairman
[38:02] hearing
james i just from the
[38:05] community and economic development
standpoint of this discussion i
[38:08] would be remiss not to mention that
the site itself is is set back it's an
[38:14] outlet
being charged with selling that out lot
[38:17] and finding this buyer
we have incredible challenges selling
[38:20] that lot because of its visibility
and so um
[38:25] we made no promises to the to the
applicant as to what sort of signage
[38:28] they could get just please be aware of
that
[38:31] but please understand that it was
difficult to find someone to buy this
[38:34] and once we did and and there's a
developer in place
[38:38] they expressed some serious concerns
about visibility being so far set back
[38:43] and of course being blocked by trees and
by kelly's so if there is some sort of
[38:48] middle of the road some way to negotiate
something it would certainly would
[38:51] benefit we'd love to see this this user
be successful that's that's all we have
[38:55] thank you
thanks james
[39:01] uh
that ends the public discussion i
[39:05] entertain a motion to approve
[39:10] so
in a second
[39:16] sorry
[39:18] second by commissioner klinger
uh
[39:22] discussion among the commissioners
[39:28] we're not here to negotiate right it's
just
[39:31] yay or nay right
that sure will actually be my question i
[39:36] think are you are
are you suggesting
[39:40] a different height that we should
consider
[39:43] i mean if 30 is out then you know is
there a height that is acceptable to the
[39:46] commission that's that's all i'm asking
i and and i hate to put this back on you
[39:51] but
what can the village do i mean what can
[39:55] the village do
it's hard for us as
[39:58] them sorry
i don't vote
[40:01] to come up with a height
[40:05] what height would get a positive
ramination what i would be okay
[40:09] i i think i i've probably said too much
so far so um i just need you all to
[40:15] understand that the seriousness of
a visibility for that lot that's that's
[40:19] all i'll say
my my personal opinion on this is that
[40:23] if if you have a good product that
people are going to
[40:26] beat a path to your door
regardless of what
[40:30] size or height your sign is
they're going to find you
[40:35] if you travel in the chicago suburbs
just out of necessity for traffic they
[40:41] put traffic out on the service roads and
sometimes it's
[40:45] extremely difficult to i mean you have
to make three turns to get into a
[40:49] business
but if you want to go to that business
[40:52] you're going to find you're going to
find a way to get there
[40:56] yeah and i'm thinking i'm pretty sure
that
[41:00] the owner of the property
[41:03] should have
or did realize the difficulties with
[41:07] access to this property before they
started construction
[41:14] jay
[41:16] and if i were to see a 10 foot
red sign behind the mobile i think i
[41:22] would recognize it you know what i mean
i don't think it's that un visible to me
[41:27] that tree right there
five times bigger than that right now
[41:41] three times bigger than that now i'm
just saying like
[41:44] now that tree is over 30 feet so
that's blocking that whole entire
[41:49] area
so you don't have that visibility that
[41:51] you see right here
[41:55] that's awesome we've already explained
that that sign predates the ordinance
[42:00] and
i understand i'm talking about the tree
[42:03] that's all that true the tree is right
there in front of that visible line so
[42:07] go up to a point where you want your
sign i mean just to give me a good
[42:10] visual of where you where you want to
put it
[42:13] you want to put it there tree's right
there on the planet right it's basically
[42:16] right behind this tree
this is where it's set on the actual
[42:20] planet
and
[42:22] pull down the side of the road
and that's going to uh
[42:27] there's got to be a sun
is that tree on uh on your property or
[42:31] no it's on the street and on the other
side gotcha i don't know if that's a
[42:35] villager or whatever it is
[42:38] so wait i'm sorry i missed it who owns
that tree
[42:41] the mobile station
[42:45] have you approached them to i personally
know i thought i'm just you know
[42:49] throwing out an idea for you that's all
[42:56] i also think there's a lot of visibility
from alpine when you're looking into the
[43:00] parking lot from alpine you see lows
and nothing else but a big wide open
[43:05] parking lot i think with this and we
haven't discussed it yet but with their
[43:10] branding on all the awnings i think
there will be a lot of visibility
[43:15] and to be very honest i've been hearing
about freddy's for a full year and how
[43:20] excited people are i don't think a 30 or
30 foot sign is going to bring you more
[43:26] people nor do i think a 10-foot sign
would keep people from visiting your
[43:31] restaurant
just yeah if you can see on the the
[43:35] freestanding sign right there
in the street view there will be a
[43:40] freddy's panel right there
also right on alpine okay which that's a
[43:46] good access to it because it's always in
my opinion so cramped on that street by
[43:51] mobile turning into the starbucks the
retail strip that more people will be
[43:56] coming probably from outline okay
i mean
[44:01] why you're asking but um
so what about this whole posit right
[44:06] there so what is that that's their
property right there so what's going on
[44:10] in this corner
that's facing there right there
[44:14] that's no
that's all them
[44:18] there wouldn't be any freestanding sign
there but the next item is proposing
[44:22] signage on all four sides of the
building
[44:25] yeah because we're kind of getting
caught up on this when there's other
[44:28] signage to talk about
yep i
[44:32] appreciate the discussion but i kind of
want to reign this in it's not our place
[44:35] to solve the problem all right
[44:39] i just said well did you have something
well
[44:43] allowing a 30-foot sign
is going to open it up for the rest of
[44:46] them i know there's a couple of them out
there that want a bigger sign we've been
[44:49] holding them back so i thought the same
thing
[44:52] yeah i just hate the whole area
and right now the aesthetics on 173 is
[44:57] very nice to deviate from what we've
worked so hard to get along there i
[45:02] think would be a detriment to
everything
[45:08] and i guess i guess my concern is about
safety as well if
[45:11] the sign that you're proposing has the
digital board on it which is just fine
[45:16] but at the same token that is probably
one of the busiest most dangerous
[45:19] corridors as it is right now because
starbucks is in the morning and there's
[45:24] mobile right there people don't do a
very good job of adhering to the traffic
[45:28] and if you have a little bit more of a
distraction between people being on the
[45:31] cell phone which they shouldn't be
driving through that corridor which
[45:34] there is no median
i'm really concerned about just more and
[45:38] more distractions in that small area and
i would venture to say also if i know
[45:42] there's um if i'm locally like i was in
the suburbs and i'm looking for a local
[45:49] eatery for example like a portillos i
type in portillos or i type in local
[45:54] eateries i see a freddy's i hit i hit on
google and i go right there so i would
[45:59] second the fact that i don't necessarily
need signage to tell me i have
[46:03] google to drive me there um and
trust me we like our custard and i don't
[46:08] think it'll be tracked
[46:14] any other discussion among the
commissioners
[46:22] we're we're going to deal with this
issue before we move on right
[46:26] sounds like she'd like to vote on them
yeah
[46:29] all right
so
[46:33] we've got a motion in a second
uh does everyone understand and agree
[46:37] with the findings of fact
yes yes yes are there any additions to
[46:41] the findings effect
[46:45] hearing none gee would you call a role
[46:49] commissioner fluger
no
[46:52] klinger no
stromberg no daniel
[46:57] now
jay holmes doesn't know
[47:00] no
commissioner
[47:02] no
so this is going to go forward
[47:06] with our recommendation for denial to
the planning and economic development
[47:11] on monday the fourth
at 5 30.
[47:16] the next item on the agenda is the
variance from total sign area
[47:22] regulations
i just say one thing but
[47:26] just to clarify since you're denying the
30-foot setup
[47:30] then the recommendation is to go to what
is the code it's a 10-foot
[47:36] setup is that right if if this were to
fail ultimately fail to get board
[47:40] approval
we could only permit a conforming sign
[47:44] that would be 10 foot high
and and we are a recommending body the
[47:48] board is ultimately
[47:53] so we could incorporate the sign the
same way just bring it down
[47:57] with the emc board and the whole thing
just as is as long as we get incorporate
[48:01] with that
that's really something to discuss with
[48:04] staff not at the planning and zoning
commission i'm just asking the question
[48:07] that's all
so i understand as a third party here
[48:13] and you're welcome to stand there but
we're moved on to the next item and we
[48:18] will call
[48:22] the second freddy's variance is also
concerning signage as we said this would
[48:27] be a variance for the amount of total
signage at the property total signage is
[48:31] both in a freestanding sign
and plus any wall mounted signs drive
[48:37] through menu boards directional signs
window decals are not added in to be
[48:43] considered with that total signage
um the total signage allowed on a
[48:50] commercial lot is equal to either two
times the millennial building frontage
[48:54] of the building
or one time the millennial lot frontage
[48:59] and frontage is where the property
fronts a public roadway
[49:04] in this case based on
the lot frontage being only where it
[49:09] faces orlando because that's only public
road the
[49:13] road on the north is a private drive
based on that
[49:18] no more than 223 square feet of total
signage should be allowed on the
[49:22] property this variance asks for a total
of
[49:26] 338.8 square feet
they would like signage on each building
[49:30] facade
and the science i propose really isn't
[49:33] all that outrageous they'd like 43
square feet signs
[49:37] on the north south
and east side
[49:41] and a 76 square foot sign on the front
or west facing side that faces orlando
[49:47] plus the proposed freestanding sign that
we already discussed
[49:51] um staff feels that this is a special
circumstance because this restaurant is
[49:56] so visible from all sides
it makes sense to have identification of
[50:01] what the restaurant is on all sides
and we do recommend approval of this
[50:05] variance for the total sign area
with the condition that the freestanding
[50:10] sign
not exceed 100 square feet as our zoning
[50:14] code requires thank you thanks gary
[50:20] all right
mr hecht
[50:25] um
would you uh like to speak to this
[50:29] item
[50:35] h-o-c-k yeah
you're still under oath so i don't have
[50:39] to swear you in again no problem
[50:43] any questions for me regarding this
[50:48] i i think the explanation was pretty
good um
[50:51] are there any questions of the applicant
no no
[50:56] no
i don't think i have any on this item
[51:02] and no one else has signed up to speak
is there anyone else that wishes to
[51:06] speak
hearing on a close public discussion
[51:13] entertain a motion subject to one
condition that is up to
[51:17] 338 square feet of total signage will be
permitted at this property
[51:22] however the freestanding sign shall not
be larger than 100 square feet as
[51:26] regulated in section
z82 2c of the zoning code
[51:32] so moved
second
[51:35] motion in a second discussion among the
commissioners
[51:41] i think it's fair and reasonable to
explain
[51:44] four sides of the building
yeah
[51:49] is there any other discussion
everyone agree uh and understand the
[51:54] findings of fact yes yes
are there any additions to the findings
[51:59] effect
[52:03] hearing none jay would you call role
please
[52:06] uh commissioner klinger yes
stronger yes daniel
[52:11] yes
jones is spiderman yes
[52:15] luger yes chairman hankins yes
so this one will go forward with our
[52:21] recommendation for approval
[52:25] um the last
item is a variance from commercial
[52:29] design awning standards
yeah this third freddy's variant severe
[52:35] variants from the commercial design
standards the village board adopted our
[52:38] commercial design standards in 2016
and one of the design aspects that we
[52:44] prohibit in the standards is the use of
internally illuminated awnings because
[52:49] sometimes these awnings don't look the
best especially when they're wrapped
[52:52] continuously around the building
or they're not maintained however the
[52:57] freddy's awnings are a common detail in
many of their locations
[53:01] and the spacing of the awnings separated
by the brick we believe does look nice
[53:06] it is well done and it provides light
for customer safety
[53:11] so we are recommending approval of this
variants for the illuminated awnings
[53:14] with the condition that the awnings be
consistent with how they look in the
[53:19] building elevations that are in your
packets dated
[53:22] 8 18 21. thank you
[53:27] mr hawk you have anything that you'd
like to add to that
[53:30] follow me
you got to talk to them
[53:37] well with your recommendation uh you
know i agree upon that and we've done
[53:41] the illuminated almonds at every
location
[53:44] throughout the travel land area it's a
clean look it's uh provides a lot of
[53:48] light and for the patio area in the
front as well so kind of consistent for
[53:53] outdoor seating
and it's a nice look
[54:00] thank you any questions an applicant
no
[54:04] thank you thank you thank you
[54:08] no one else is signed up to speak
i assume that there's nobody that wants
[54:12] to speak on this
item either
[54:15] therefore close public discussion
entertain a motion to approve
[54:20] motion to approve
in a second
[54:24] a second
uh discussion among the commissioners
[54:32] hearing none i i think
it's a good idea i like the look of the
[54:38] elevations
[54:41] yeah does everyone understand and agree
with the funniest effect yeah yes yes
[54:46] are there any additions to the findings
in fact
[54:51] hearing that uh jay would you call a
role please commissioner stromberg
[54:56] yes
daniel arch yes
[55:00] j.o josiah
yes
[55:03] yes klinger yes chairman hinkins yes
so this one also will go forward
[55:11] planning an economic development with
our recommendation for approval
[55:17] last item on the agenda
[55:22] is a special use permit for outdoor
storage in a light industrial district
[55:26] for property known as 10 565 product
drive
[55:32] carrier would you give us the background
please yeah but the towing business
[55:35] operates from the subject property and
the applicant initially asked about
[55:39] fencing regulations because he would
like to keep towed vehicles inside of
[55:42] the friends until they're claimed
because this is more of a storage use
[55:46] than a parking use
you really need to seek this special use
[55:50] permit for outdoor storage the this type
of use is not out of character in this
[55:55] older industrial area
and we would prefer that the vehicles
[56:00] then some of which have been in
accidents be stored within a site
[56:04] obscuring fence which is mandatory
condition for all outdoor storage
[56:07] special use permits
staff recommends approval of the special
[56:11] use with
some recommended conditions in addition
[56:14] to the solid fence requirement
the storage area shall be substantially
[56:20] conforming with the site plan that was
submitted in your packets
[56:23] all vehicles shall be stored on a hard
surface parking area that complies with
[56:28] our code requirements for our hard
surface
[56:31] and the special use shall cease upon the
applicant to vacating this location so
[56:36] nobody can move in there and start
storing their own stuff in this
[56:40] fenced-in area
thank you thanks gary
[56:44] the applicant is ryan miller
president
[56:48] would you approach and be sworn in
please
[56:55] raise your right hand you saw me sort of
tell the truth the whole truth and
[56:57] nothing but the true self you got yes
name and address for the record please
[57:00] my name is ryan miller live at 10830
miller lane chesney park
[57:06] thank you
do you have anything you'd like to add
[57:09] or
um
[57:11] we are not going to use the well i guess
it's in the packet what if you guys can
[57:16] see that we're not going to use the
whole area it's probably going to be 40
[57:19] by 60
so we would go in the existing
[57:23] driveway and then turn coming
down this way into the
[57:29] into the fenced in area
um
[57:32] i guess maybe it's for a different time
but what the
[57:35] hard surface could consist of
i don't know if that's that's a staff
[57:40] issue you can talk with them about that
okay
[57:45] um
did you say i could talk about it right
[57:48] now
i i mean
[57:50] this commission doesn't
vote on that
[57:53] yeah i really don't have anything else
to add besides it's just gonna be in
[57:56] that that grassy spot basically that's
gonna be cleaned off and a hard surface
[58:01] put down so it'll be in that area
[58:08] any questions of the applicant
[58:13] i think i have one
go ahead dad so you're storing vehicles
[58:17] there yeah like operatable vehicles some
of them are operable some of them aren't
[58:21] their accident vehicles like for the
city of rockford we do accidentals and
[58:25] so we have to have a secured lot
to store them until they are claimed by
[58:29] either the insurance company or
the people themselves i don't know
[58:34] and right now we're storing them inside
the facility but i would prefer to have
[58:38] my tow trucks inside there
and what is your time limit before
[58:42] someone has to pick before it becomes
abandoned um i think it's after
[58:49] we look at it 60
a lost title is what happens and then we
[58:51] will
you know remove the car out of there so
[58:55] the longest a particular vehicle would
be there is probably 90 days okay
[59:00] that happens sometimes
most people come and get them
[59:03] fairly quickly right thank you
could you
[59:09] are there any other
[59:12] could you elaborate a little bit um one
of the conditions of approval from staff
[59:17] is that
[59:20] parking shall be
on a hard surface area that complies
[59:24] with section z65 the zoning coat
that would be concrete or asphalt or
[59:32] paving bricks i suppose
[Music]
[59:35] but the exhibit that we have here says
remove four inches of dirt and use four
[59:39] inches of crushed blacktop for parking
that's what i would love to use
[59:44] i don't know if that conforms or not but
i would put it down and then roll it
[59:49] you know with the roller and it compacts
pretty hard
[59:54] and james can probably speak to that
better about what our requirements are
[59:58] well we have allowed that in the past
this is you know sorry to correct you to
[1:00:02] turning green but this is the
appropriate time to talk about this i
[1:00:04] just don't know that there was a
variance cited from
[1:00:08] any of the the paving requirements in
the notifications so
[1:00:12] um technically it has to be at this
point has to be asphalt or
[1:00:16] or um
or concrete so
[1:00:20] um
i think in the past through this process
[1:00:23] we've granted a variance to allow
crushgrab crushed asphalt but i don't
[1:00:27] think that was cited i don't know
if that was in the application that
[1:00:30] probably should have been it was not in
the application
[1:00:33] and the reason i made my comment and i
totally respect your correcting of me
[1:00:38] um
but that's not that's not
[1:00:41] we're we're we have a special use permit
for outside stores that's that's all
[1:00:45] we're talking about um if there's a
variance request for the surface area
[1:00:49] that i don't know how we address that
today because it hasn't been noticed out
[1:00:54] okay
and i just want to make sure in the
[1:00:58] future i just want to make sure that
there isn't a conflict between one of
[1:01:01] the conditions that says it shall be in
accordance with this
[1:01:05] and another condition says it's got to
be a hard surface and
[1:01:10] this is
crushed blacktop the conditions on the
[1:01:14] staff report will be in the ordinance
that will control doesn't matter what
[1:01:17] you wrote on them okay
[1:01:21] fair enough yeah i wasn't referring to
the notes on the sideline i was just
[1:01:24] referring to the area
that he showed
[1:01:29] jake
one question
[1:01:31] how long have you owned the property uh
almost three years like a little over
[1:01:36] three years actually
okay
[1:01:44] i don't know if i can add to the staff
recommendations or not but
[1:01:49] there's fire and safe life safety codes
that need to be
[1:01:53] followed as well so
i would somehow like to include that in
[1:01:57] that that they get done
if this gets approved so
[1:02:02] or even if it's not approved we got to
follow the code so
[1:02:08] mr chairman cameras you know that yeah i
am the village was unaware of the change
[1:02:12] in ownership on the property and usually
a change of ownership we get
[1:02:16] we require an occupancy occupancy
inspection at which time those life
[1:02:19] safety issues are addressed so
seeing as it was three years ago it was
[1:02:24] starting november of 2017 is when the
new occupancy requirements came into
[1:02:28] play so did you acquire the building
after november of 2017
[1:02:34] okay
so i think we can address that if you
[1:02:37] wanted to add a condition that said the
applicant shall you know secure a
[1:02:41] a certificate of occupancy that's
standard for anybody who is new and is
[1:02:45] changing ownership or occupying a
building then we would be able to
[1:02:49] address those concerns that you have
okay well and
[1:02:53] if it's
[1:02:56] i don't know if we need to add it
because it's already
[1:03:00] that's a good question does it need to
be it's a condition or now that you know
[1:03:03] it was acquired within the last three
years you'll simply talk with the
[1:03:06] applicant and say hey we need to come
out and do an occupancy inspection and
[1:03:11] check this that the other thing and
check these boxes is that do you
[1:03:15] appreciate it
yeah what we're talking about okay and
[1:03:19] you'll cooperate with that absolutely
okay
[1:03:22] so not it we're not adding a new
condition for that no i don't think it's
[1:03:26] necessary it just we just need to make
him aware that
[1:03:30] we have these ordinances
[1:03:35] anything else for the applicant
[1:03:39] thank you mr miller
[1:03:46] um dan johnson
[Music]
[1:03:51] mr johnson you raise your right hand
somewhere to tell the truth the whole
[1:03:54] truth nothing but the truth self you got
it
[1:03:56] name and address for the record please
uh dan johnson 8019 amber drive in mid
[1:04:01] chestnut park
i'm representing rockford roller
[1:04:04] corporation uh which is
just south of that building um if you
[1:04:10] scroll out a little bit that's our
building and we also own that lot next
[1:04:14] to it so we're right next door to this
building here
[1:04:16] oh we've won it for 30 years
[1:04:20] my concern is that there's already a
great amount of outdoor storage going on
[1:04:25] there that's not fenced in or anything
um
[1:04:28] and so
i have a couple pictures here but it
[1:04:33] currently looks like it looks nothing
like that there's a big oil tank there's
[1:04:36] a lot of looks to be hazardous material
just sitting around outside here
[1:04:40] so
if
[1:04:42] they're going to do
a variance for outdoor storage i would
[1:04:45] like it to cover the entire
the fencing and the hard surface to
[1:04:49] cover the entire lot line
because there is i don't know if i can
[1:04:53] bring this up to you did you want to
submit that as a new exhibit yeah these
[1:04:56] are these are the pictures
this stuff has been you can start them
[1:05:01] down here please at least six months so
i'm sure it's permanent they just added
[1:05:09] or something storage
so
[1:05:12] there's already a great amount of copper
storage that has been going up for very
[1:05:15] long time there
we try to have a nice looking
[1:05:18] place there as you can see and apply
products on the other side is a very
[1:05:22] nice looking building
so
[1:05:24] um
i have no problem if they have a nice
[1:05:28] solid fence per code
i believe that's
[1:05:32] in your requirements would be a solid
fence at least six feet high
[1:05:37] uh section z
section two 59-17 i believe
[1:05:42] and the six foot base
blacktop obviously
[1:05:47] um other than that you know that that's
that's our main problem is that
[1:05:52] it's already
out of code so i think discussing a
[1:05:55] variance for
a different section
[1:05:58] when the whole building is not in code
currently is not appropriate
[1:06:05] i would just ask you sir
do you consider that a positive
[1:06:10] that
that
[1:06:13] the area where where this storage is
going to take place
[1:06:17] if the fence was along the entire screen
from your view yes if the fence was
[1:06:22] along the entire length of the property
but but having this and then having just
[1:06:27] hiding the rest of the stuff from the
street with this fence is not okay
[1:06:32] because as you can see from those
pictures
[1:06:35] our conference room looks right out onto
that
[1:06:39] so when i have customers in install
let's
[1:06:45] any see for mr johnson
[1:06:51] thank you thank you
[1:06:54] i have two other people that are signed
up but they're apparently
[1:06:59] they apparently signed on the wrong
sheet is there anyone else who'd like to
[1:07:02] address the commission
[1:07:07] hearing now i'll close the public
discussion
[1:07:12] and entertain emotional proof
[1:07:16] so
[1:07:19] it's sub subject to four conditions
correct
[1:07:24] motion to prove subject to four
conditions can you read those um
[1:07:30] you don't need to but it would be
subject to the conditions
[1:07:33] yes
[1:07:36] and are we out there right there those
ones
[1:07:41] okay okay i guess we have to discuss
that
[1:07:44] yes with the four with the four
recommendations am i correct that we
[1:07:48] have a motion
yeah yeah in a second
[1:07:51] i didn't hear a second we don't have a
second yet so
[1:07:54] now we do in a second
discussion among the commissioners
[1:08:00] i i have a question curiously is the
outside storage referenced by the
[1:08:06] person who testified
hello
[1:08:10] you know it shouldn't
i'm not sure if those are cars that were
[1:08:14] towed i i don't know what's going on
there
[1:08:18] but
if it's this storage of materials should
[1:08:22] not be on the property unless it's and
has a special use and it's contained
[1:08:28] within the site obscuring defense well
my point in asking the question is that
[1:08:32] maybe an enforcement you know you can
address more and see if that constitutes
[1:08:39] the storage of materials
outside
[1:08:42] okay just checking because they don't
you know there's some things that are
[1:08:45] stored outside like vehicles that aren't
you know used for the for the business
[1:08:51] that may not require a special use
permit would the certificate of
[1:08:56] occupancy
address those issues it would only
[1:08:59] address life safety issues
bringing the building up to
[1:09:04] code so we need a clarification from the
applicant
[1:09:09] as it bears on this issue
uh if you if it's totally your call if
[1:09:14] you want to invite them up to clarify
that issue yeah would you approach and
[1:09:18] and kind of answer that question if you
would please what what we're talking
[1:09:21] about is a
continuous storage of
[1:09:25] well we own the whole building but the
three other units are rented out to
[1:09:30] other people so all those vehicles are
not none of them are ours
[1:09:34] the only vehicles we have stored are
inside
[1:09:38] all those at the very end there's a
pavement company that owns that rents
[1:09:43] that
leases it and he's the one that has
[1:09:46] those cars and then there's
another gentleman that has he does you
[1:09:50] know some repair work
you know here and there so those are his
[1:09:54] their cars
that's all i wanted to say they're not
[1:09:59] they have nothing to do with the towing
i am not opposed to going the whole way
[1:10:03] across with the fence at all it just
would be hard for the tenants to get in
[1:10:07] and out i would have to try to
figure out a way for that
[1:10:12] yeah
[1:10:14] okay
[1:10:18] that answer everybody's questions
um
[1:10:21] yeah oh i guess i'm uh need
clarification on
[1:10:25] where your fence is gonna start
and and is it going into l shape to
[1:10:29] connect to the back of the building or
we're going to start with the
[1:10:32] face oh there it is i see sorry
[1:10:39] uh-huh
near the front okay
[1:10:45] all right sorry
so
[1:10:48] um
is there a height that you were gonna do
[1:10:51] mr miller it said eight to twelve so
okay i didn't i didn't see it in here
[1:10:58] so
okay
[1:11:00] i'd like to amend my
okay motion but thank you
[1:11:04] somebody else
somebody wants to say something
[1:11:07] did you have any rebuttal yeah
um
[1:11:15] could you speak to the microphone please
they uh bring in great big dump trucks
[1:11:20] and stuff a lot and and big dump trucks
and trailers on them
[1:11:23] and when they have a problem
accessing
[1:11:27] anything
rather than waiting or clearing it out
[1:11:30] they'll just cut across the yard through
our parking lot
[1:11:34] this is going to exacerbate that problem
obviously tenfold
[1:11:38] so that's why you know if we did the
fence all the way along the property and
[1:11:42] that would prevent that from happening
um but yeah that's that would if they
[1:11:46] don't fence that whole thing that's
gonna what's gonna happen is that
[1:11:49] company is going to
cut across there through our parking lot
[1:11:52] because that's what they do now if
there's any obstruction there at all
[1:11:56] thank you and that is obviously gonna
make it so they can't do that
[1:12:04] i think we're still on commission
discussion
[1:12:07] yeah jay did you have something
just that i want to amend my emotion
[1:12:13] and i don't do that now or not
[1:12:18] go for it okay well i would i would like
to amend it to include
[1:12:23] fencing on the south and
east
[1:12:28] the south yeah you're talking about
going all the way down making an l yeah
[1:12:34] to add a fifth condition that requires
the condition fencing yeah
[1:12:39] not not enclosing
all the stuff stored but just scroll on
[1:12:44] the property lines right to clean it up
and
[1:12:49] i just don't know if that's really
pertains to the self-storage special use
[1:12:55] because if we can
condition a defense requirement does he
[1:12:59] have to
does it have to be an enclosure can he
[1:13:05] the fence probably doesn't require a uh
they're not well for outdoor storage
[1:13:09] everything needs to be everything that's
stored outdoors needs to be
[1:13:13] storage
yeah not just park but stored yeah
[1:13:17] so the main method james do you think it
makes sense to have additional fencing
[1:13:22] is it i think so i think we need to talk
about the scope of this request this
[1:13:25] request is for the fenced area for the
outside storage for this business only
[1:13:30] what's out there elsewhere i if i
understand correctly that's
[1:13:34] pre-existing non-conforming i
i guess so to your if i understand
[1:13:40] quickly you're suggesting taking that
fence all the way along the entire
[1:13:43] perimeter of the property correct well
the south and then east to the building
[1:13:48] i don't think there's much and i don't
i don't know that's what's that the
[1:13:52] question that's what that question
tonight i think the fenced area for this
[1:13:55] gentleman's business is is what's that
question i don't know that
[1:14:00] i don't know if that'll hold up i'd have
to ask attorney green if that's going to
[1:14:03] hold up
way beyond what's been asked for there
[1:14:06] was no publication of extending the
fence do they need a special do they
[1:14:11] need a special use permit simply to put
up no they would it was only
[1:14:16] to store things inside of that fence if
they wanted to fence the property that
[1:14:21] doesn't need any kind of board approval
it just needs a fence permit
[1:14:25] it's it's the fact that he wanted to
store
[1:14:28] the vehicles the towed vehicles
inside a fenced area that required the
[1:14:33] special use okay so
it's not it's nothing so my position is
[1:14:37] it's nothing that would have would have
been required to be noticed out
[1:14:41] adding a condition to require fencing
[1:14:46] east to west along the south side and
then north and south up to the building
[1:14:50] probably you could add that as a
condition i think you might want to
[1:14:53] check with the applicant to see if these
willing to accept that type of
[1:14:59] condition
[1:15:04] yeah i can agree with mr applicant
mr miller
[1:15:09] sorry mr miller i'm i
you're still under you've heard what
[1:15:13] they're talking about and yeah they're
concerned
[1:15:16] i guess what i
i'm not opposed necessarily to taking
[1:15:20] offense all the way along back to
there's a fence a chain-link fence a
[1:15:24] six-foot chain-link fence on the back
side of the property so that's probably
[1:15:27] fine okay i would have to come straight
off
[1:15:30] yeah and it doesn't mean it has to be a
12-foot fence like you have it just has
[1:15:35] to i mean it could be offensive but
whatever kind is allowed sounds like the
[1:15:38] turning around of vehicles is kind of
annoying i've never heard that's the
[1:15:41] first i've ever heard
but
[1:15:44] uh i was gonna say there's a drainage
ditch
[1:15:47] i don't know
the water i don't know if the water
[1:15:51] originally went and it went behind
the the building next to us but we had
[1:15:56] to dig it all out because we kept
getting flooded and so there's a
[1:15:59] drainage ditch that's on the water cars
along the property where i'm putting the
[1:16:03] fence
so i mean there i guess there will be a
[1:16:06] opening there but for
for my
[1:16:10] fence that i
filled out this for it has to be a
[1:16:13] secured lot right that lot has to be
separate from the other tenants i mean
[1:16:19] just to continue offense i mean i'm not
opposed to that
[1:16:22] okay
[1:16:25] so james you think we should add that as
a condition then just an extended fence
[1:16:29] it's not an fb 12 foot it doesn't have
to be just tough offense
[1:16:42] okay would it just be so south side just
along the south side you've got a fence
[1:16:56] we are voting on the approval or denial
of
[1:17:00] your request for special use permit for
outdoor storage
[1:17:04] with
an additional condition of a fence along
[1:17:07] the south property line should it be a
solid fence otherwise it may not be a
[1:17:12] benefit to the neighbor unless it's a
solid
[1:17:19] it could be a chain link it could be
solid whatever whatever it wants there's
[1:17:23] no requirements to put it nothing i'm
not opposed to a solid fence i just
[1:17:27] wanted to point out
that whole area there's this car is just
[1:17:32] parked
tire it seems to me like there's two
[1:17:36] issues one offense
to kind of protect that property keep
[1:17:39] people from driving off that property
and then enforcing our code with the
[1:17:43] other two tenants
who doesn't sound like they're allowed
[1:17:47] to engage in outside storage
again it would have to be investigated
[1:17:52] it would have to be
are they i mean i saw the pictures it
[1:17:55] looks like a lot of junk out there so
um all that could be when they when you
[1:18:00] do the life safety inspection at the
building you could
[1:18:03] walk around and see what's there so
would seem to me there's an opportunity
[1:18:07] to
[1:18:09] let the tenants know hey you've gone
beyond a bit beyond what you're allowed
[1:18:13] to do
would that extend the special use permit
[1:18:17] for the whole area if there was a fence
no
[1:18:21] not unless you changed the
submitted a different site plan that had
[1:18:27] the special use encompassing all of that
area
[1:18:31] i guess i'm a little
well i mean i guess i'm a little
[1:18:34] confused on park i mean they can't park
there they could they can park their
[1:18:37] cars where people who work there can
park their cars there it's
[1:18:42] the accumulation of
construction materials trailers you know
[1:18:47] various stuff
[1:18:50] stock and trade if you will
so i don't know i just
[1:18:55] saw a couple pictures i i don't know
what's happening it just seems like the
[1:18:57] whole area over there besides you know a
couple there's some nice places there
[1:19:01] and i don't want to contribute to to
clutter in a mess that's not what i'm
[1:19:04] getting at
just trying to
[1:19:07] get the correlation between what i
applied for and all of a sudden i got to
[1:19:10] clean up
you know
[1:19:12] when across the street it's the same
thing
[1:19:15] as well i'm asking we don't know yet
until we investigate more whether you do
[1:19:19] need to clean it up right behind
[1:19:27] and i would just
ask that if you do if this goes
[1:19:32] and you're going to extend the the fence
all the way to the property line on the
[1:19:36] south side that you would use the same
material that you're using in this
[1:19:40] special use permit so if it's solid it
needs to be solid on that whole side
[1:19:45] otherwise it's just
looking more of a disk
[1:20:02] okay that's an amendment to your motion
who seconded it there's nobody uh do you
[1:20:07] agree to the do you agree with the
amendment yeah so we'll do it as a
[1:20:10] friendly amendment as opposed to so the
motioner has
[1:20:15] proposed an amendment the order's agreed
to it so the record will reflect it's
[1:20:19] it's an amendment to the motion
[1:20:23] thank you mr miller
[1:20:26] any other discussion
no no no
[1:20:30] hearing none uh does everyone understand
and agree with the findings of fact
[1:20:35] yes yes are there any additions to the
findings effect
[1:20:41] hearing on jay would you call a role
please
[1:20:44] commissioner danny levitz
yes
[1:20:48] jay holmes is a yes
heidemann
[1:20:51] yes luger yes
klinger yes stromberg yes commissioner
[1:20:57] yes
so this will go forward with
[1:21:01] our recommendation for approval
to the
[1:21:05] planning and community development
on
[1:21:08] monday the 4th at 5 30.
[1:21:13] is there any other business
[1:21:16] i
i have a question about because every
[1:21:19] time they bring it we approve it the
the lighting of the canopies
[1:21:26] is is it necessary to have that because
it seems like we
[1:21:31] we pass them all
and it's i mean as long as they're done
[1:21:36] well
i'm not sure what the uh i don't recall
[1:21:40] another variance from the canopy
illuminated canopy
[1:21:48] that was that way prior to
design standards the tom and jerry's
[1:21:53] look like it also has some kind of
backlighting on their awnings as well
[1:21:58] okay
and i'll i'll make a comment on that day
[1:22:00] and it's a good question but my comment
is
[1:22:03] you might have 10 buildings go up that
have awnings unilluminated and you never
[1:22:07] know about them because they they're not
asking for a variance
[1:22:12] you only see
the two or three or four that ask for
[1:22:15] variances
so it's not that
[1:22:19] all awnings are being illuminated
you know what you don't understand well
[1:22:23] yeah i understand but it's like what is
the what's the conflict with the light
[1:22:28] because it adds light to the people
walking
[1:22:31] you know what i mean
i'm not sure what the downfall is of a
[1:22:35] lighted candle i think when we when we
add that in our design standards
[1:22:40] they can look crummy pretty fast when
they
[1:22:43] when they're not maintained and they're
okay fill up with bugs
[1:22:48] cobwebs and things like that
that tend to happen with lighter
[1:22:52] canopies or lighted awnings
okay
[1:22:56] i just
i just wondered how you said it
[1:23:00] that's a good question
okay
[1:23:04] we'll leave it alone anything else
if not i'd entertain emotional journey
[1:23:10] motion to a juror
second
[1:23:13] second
all in favor all right we're out of here
[1:23:19] all right