[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

September 27, 2021 Planning & Zoning Commission Meeting (Censored)

Transcript