Planning & Zoning Commission

AGENDA Planning and Zoning Commission January 13, 2016 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. CITIZEN COMMENTS (OPEN FLOOR TO ANYONE WISHING TO SPEAK ON RECORD) D. APPROVAL OF MINUTES 1. DECEMBER 16, 2015 MEETING E. OLD BUSINESS 1. Continued Public Hearing on a request by Herbert Buhr for a variance from the building setback requirement on property zoned “SFR-1” Single Family Residential and located at 212 Fairview Drive DeKalb, Illinois. F. NEW BUSINESS 1. Public Hearing on a request by Casey’s Retail Company on a building setback requirement on property zoned “LC” Light Commercial and located at 1001 North Annie Glidden Road DeKalb, Illinois. G. CONSIDERATIONS H. FUTURE CONSIDERATIONS I. REPORTS / ITEMS FOR NEXT MEETING 1. Continued Public Hearing on a request by KV & Sons, LLC for a Special Use Permit on .34 acres of property for a Dunkin Donuts with a drive thru, located at 460 E. Lincoln Highway to be included as part of a multitenant strip center which is zoned “CBD” Central Business District. 2. Public Hearing on a request by Ron Breese Jr for an annexation agreement, to annex property to the City of DeKalb, and rezone the annexed parcels to “PD-C” Planned Development Commercial by approving the preliminary / final plat and development plans for the subject property on a proposed multitenant development at 2023 Sycamore Road J. ADJOURNMENT PZC007-16 ITEM D1  DRAFT MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER 16, 2015 The City of DeKalb Planning & Zoning Commission held a regular meeting on December 16, 2015 in the City Council Chamber of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. CALL TO ORDER Chair Atherton called the meeting to order at 6:00 p.m. ROLL CALL Planning & Zoning Commission members present: David Castro, Deborah Nier, Jerry Wright and Chair Christina Atherton. Members absent: Adam Katz, Matthew Crull and Roger Ruehling Also present: Derek Hiland, Principal Planner, Anne Marie Gaura, City Manager and Brenda Hart, Administrative Assistant. APPROVAL OF AGENDA A motion was made by J. Wright to approve the December 16, 2015 agenda. The motion was seconded by D. Castro and approved by voice vote. APPROVAL OF MINUTES A motion was made by D. Castro to approve the October 28, 2015 minutes. The motion was seconded by J. Wright and approved by voice vote. OLD BUSINESS None NEW BUSINESS 1. Public Hearing on a request by Herbert Buhr for a variance from the building setback requirement on property zoned “SFR-1” Single Family Residential and located at 212 Fairview Drive DeKalb, Illinois. The applicant has requested that the public hearing for the variance request be continued until the January 13, 2016 meeting. Staff acknowledges the need to continue the item and suggests that the Planning and Zoning Commission call the item, open the public hearing and immediately continue the public hearing until the first meeting of 2016. D. Nier motioned to continue the item until the January 13, 2016 meeting. D. Castro seconded the motion and it was approved by voice vote. 2. Public Hearing on a request by KV & Sons, LLC for a Special Use Permit on .34 acres of property for a Dunkin Donuts with a drive thru, located at 460 E. Lincoln Highway Dipak Patel, on behalf of KV & Sons, LLC requests the approval of a Special Use Permit to allow the construction of a multi-tenant building with three quick service restaurants and a drive thru facility associated with a Dunkin Donuts located at 446-460 East Lincoln Highway. The Applicant proposes to build a multi-tenant building that would make for better traffic circulation both on and off the site, create restaurant spaces that are state of the art, design conscious and bring the development up to current ADA standards for handicapped accessibility. KV & Sons, LLC is challenged by the constraints of the site. A modern looking Dunkin Donuts restaurant will incorporate architectural design that enhances the East Lincoln Highway corridor. The property is currently zoned Central Business District and is designated for commercial use according to the Comprehensive Plan map. The current zoning designation of Central Business District allows for the construction for businesses of this type with a requirement for a special use permitted drive-thru facility. In the CBD Zoning District there are no parking demands or requirements. The drive thru hours of operation would be 7AM to 11PM. This Special Use Proposal would not introduce something that is a new use or detrimental use to the Central Business District area. The proposed Special Use can be operated in a manner which minimally impacts even the neighborhood, if operated with the conditions outlined below. Jim Bibby of Rempe Sharpe and Associates from Geneva. Mr. Bibby said that the site at 460 E. Lincoln Hwy is an important location. He noted that previously there were issues with the site because of the narrowness of the alley. Within the proposed plan the alley will be widened by 5’ and will be acceptable for 2 way traffic at a 17’ width. Staff requested a drive through that allowed for a bailout lane, 16’ wide drive through lane. Mr. Bibby noted that additional diagonal parking will be added on Fifth Street. He said that the placement of the 1,500 square foot open patio on the corner will allow greater visibility for traffic at the corner of 5th Street and Lincoln Hwy. Chair Atherton opened the floor to public comments and questions. Trixie Flaherty - 514 E Lincoln Hwy, Gordon’s Hardware – Ms. Flaherty says she likes the drawings but has one concern. Since McDonald’s redeveloped their property the turn lane to turn into McDonalds and onto Fifth St. is the same lane. She noted that she sees near accidents daily and is concerned that this new proposal could make it worse. Ms. Flaherty also wondered if the new parking would be public or private. She said that often the parking for her business, Gordon’s Hardware, is taken up by patrons of the Stage Coach Theatre and says the same might happen with this parking and posting should be done to avoid the problem. Lisa Sharp – Sharp Architects, tenant at 421 Grove St – Ms. Sharp extended a thank you for tackling this site with the railroad and highway, etc. She commented that she is looking forward to having the new development in this area and also noted that it is a very challenging lot. Steve Kapitan -1228 Sycamore Rd - Mr. Kapitan commented on the traffic flow, saying that traffic turning left into McDonalds gums up the traffic flow. He asked where the building would be located. D. Hiland answered that there will be a setback of 15/20 feet allowing for the patio which should help with visibility for Stage Coach noting the importance of the added visibility. Chair Atherton asked if there were questions from commissioners. J. Wright asked if the parking spaces on the side will be facing the drive through lanes. Mr. Bibby said yes. He asked if it is anticipated that all traffic would come off of Fifth St. and if it’s shared with other businesses. Mr. Bibby answered that yes, the entrances will be off of Fifth Street and that other businesses will utilize the alley. J. Wright asked if the entrance to Dunkin Donuts is off of the patio. Mr. Bibby answered that the main entrance is off the patio and a side entrance off of an interior sidewalk. J. Wright wondered if there had been discussion regarding the traffic flow. Mr. Bibby said the original plan placed the entrance closer to Route 38 and that it had been moved due to discussion. D. Castro wondered if the staff has knowledge of any studies on traffic flow and commented that he would like something more concrete. D. Hiland is not aware of any studies that have been done regarding the turn lane. Mr. Hiland answered that no, there was no regional analysis except for how traffic comes off of Fifth St. D. Hiland said he could look into whether there were any studies done by the State if the item is continued to the next meeting. D. Nier asked if parking will be on the street and if it will it create any problems on Fifth Street. Nier asked D. Hiland if additional parking is required for in-store dining. D. Hiland answered that parking requirements don’t apply within the Central Business District. He noted that the thinking is that there’s sufficient hard surface parking provided by the City in the downtown area. D. Hiland commented that parking off of Fifth St. is not actually on Fifth St. but rather cars will still have to back onto Fifth Street to exit the stalls. Chair Atherton echoed the concerns about traffic flow noting that people turn onto Fifth Street to get around the tracks. She also commended the petitioners for placing the patio in the proposed location because of the potential danger. Chair Atherton asked if there are any concerns about landscaping. D. Hiland said they anticipate revised landscaping plans. Mr. Bibby said significant landscaping will be added. D. Nier asked what kind of signage there would be and if it would be placed only on the front. She said she would like to see a picture of any proposed signage. D. Nier made a motion to continue the public hearing until the January 27, 2016 meeting. J. Wright seconded the motion and it was approved unanimously by voice vote. CONSIDERATION Worksession with DeKalb Development Company LLC on a concept plan for redevelopment of 4.48 acres of property along Lincoln Highway that would include a hotel and apartments. DeKalb Development Company LLC would like feedback from the Commission on a concept plan to redevelop a 4.48 acre parcel located on the south side of Lincoln Highway, west of Walgreen’s on First Street and extending westerly along Lincoln Highway beyond the National Bank and Trust Building to Pearl Street. The concept plan proposes a five-story, 187-unit apartment building (459 bedrooms) arranged around pedestrian courtyards, and a 128-room four story Springhill Suites with 464 parking spaces provided for both uses. D. Hiland commented that this is a plan that has taken shape over the years. The remaining homes along W. Lincoln Hwy and Pearl Street will be razed. From staff’s perspective this is a concept plan with the developer looking for feedback from the Commission at this point in time. He noted there are four items for discussion:  Land Use  Density  Parking Requirements  Land Use Policy Chair Atherton gave direction that this is a workshop for the purpose of gaining insight and information. This is not a time for a public hearing but strictly a workshop. David Patzelt - Shodeen Group – 77 N. First Street, Geneva, IL 60134- Mr. Patzelt gave specifics on the proposed property noting it lies south of Lincoln Hwy, north of the railroad tracks, east of Pearl Street and west of First Street and the NB&T property. He noted that on the site are about a dozen different structures that will be razed within the next 60 days. The red house to the west of Pearl Street has already been demoed. Mr. Patzelt informed the Commission that the site will be cleaned up and reseeded after all demoes are complete. Mr. Patzelt showed a map of the area noting that the garage will be accessed from Pearl Street as that area drops below grade and lends itself to the entrance. Mr. Patzelt shared that the apartment building would house 187 fully furnished residential units with 429 beds and a total of 327 parking spaces. The proposal before the Commission is for the most expensive rental housing in DeKalb. The proposed four story hotel, a Marriott Springhill Suites product, would sit to the east of this building with a common shared driveway. The hotel will have an urban retro contemporary design with a 2,000 square foot lobby lounge, a business library, a fitness center and pool. Mr. Patzelt gave the opinion that this will appeal to the frequent business traveler being a moderate to upper end hotel, a little higher than what DeKalb is accustomed to. Mr. Patzelt asked how we get there? He said there are two main issues to be resolved. 1. Commercial space on the first floor of the apartment building. The proposed plan has no commercial space on the first floor. Mr. Patzelt noted that the Shodeen Group is in the commercial and retail business but doesn’t feel that this project warrants any additional commercial space with a current lack of demand for retail space in the downtown DeKalb area. Mr. Patzelt said they would rather allow current, existing retail to flourish than to add competition. He said the Shodeen Group owns additional property that would be able to be developed as commercial space in the future if needed. He noted that there is, however, a housing demand in DeKalb’s downtown area, particularly a need for higher end rentals, which was the consensus of the consultants hired by the City of DeKalb to provide direction and design guidelines for the DeKalb City Center Plan. Mr. Patzelt referenced the downtown map in the DeKalb City Center Plan which did not call for commercial space in this specific area. 2. Parking needs related to the hotel and residential units Mr. Patzelt noted that the proposed project is a different animal and is a new concept for DeKalb. He suggested that people live in apartments such as this in order to do more walking and referenced the DeKalb City Center Plan space map. Staff and the developer are in agreement on the parking requirements for the hotel which would be one space per room plus one space per employee. With 128 rooms and 5 employees that equals 133 spaces. The differences in opinion occur over the parking requirement for the residential apartment units. Mr. Patzelt noted what the Shodeen Group sees in communities with similar rental space is quite different than what the City of DeKalb’s ordinance requires. The ordinance requires one parking space per bedroom plus half a space per unit, for a 3 bedroom unit which equals 3.5 spaces. He said that the more urban opinion and trend is toward car rental, Uber or lift services rather than owning a car. Mr. Patzelt also noted the relationship between the hotel and apartment building should be considered, as common ownership will allow for common and shared parking. The hotel lot will most often not be full and would be open for use by the residents of the apartment. Typically, use with a heavy student population would be 1.0 parking space per residential unit. Instead of one space per unit their architect recognized the need at 1.6 spaces per unit but on the plan drew it at 1.7. In summary, the Ordinance requires 553 spaces. At 1.6 spaces per unit the total would be 299. At 1.7 spaces per unit, the total is 327 spaces. Mr. Patzelt said the ultimate question is, does DeKalb have a pallet for what has been presented? Commission Comments & Discussion: Chair Atherton asked D. Hiland how long this plan has been discussed and what year NB&T was built. D. Hiland answered NB&T Square was before the Planning and Zoning Commission in 2008. Atherton asked if the original plan included some retail space. D. Hiland answered yes, it did. Chair Atherton gave her opinion that what’s been presented is a great proposal, acknowledging that DeKalb has a need for upscale rentals but noted that she is also hesitant. Chair Atherton expressed her concern regarding the lack of parking noting that within DeKalb residents still rely on cars to a greater degree than in the suburbs as DeKalb is lacking public transportation. Chair Atherton agrees that 3 spaces for 3 bedrooms is too great a requirement but thinks more parking than what has been proposed may be needed. Chair Atherton added that she loves the hotel concept in the downtown area. Nier asked for some clarification saying she’s hearing differing statements, that this proposal is for upper end rentals but also hearing talk of student rental. Mr. Patzelt answered in comparable communities, upper classmen, masters and/or PHD students and younger professors make up many of the tenants and noted that they’ve found this to be a popular product in a school town. Nier inquired if the demographics of that student/young professional group doesn’t ask for commercial space. Mr. Patzelt reiterated not wanting to create empty retail space but added Shodeen Group may develop stores west of Pearl Street in the future. He said the thought is to help the community in the present asking the question, which comes first, rooftops or commercial space? He said the downtown has a surplus of vacant space. Nier asked how many units and how many bedrooms there are. Mr. Patzelt answered that there are 187 units which include, 70 – 3 bedroom units, 45 – 2 bedroom units, 38 – 1 bedroom units and 19 – 4 bedroom units for a total of 459 beds. Mr. Patzelt said that not everyone will bring a car and assured the number of cars will be monitored and limited with additional rent for a parking space. Residents will want to think twice before bringing a car. If goods and services are needed, residents will be within walking distance to downtown DeKalb. D. Castro expressed his excitement that someone is interested in the property. He brought up other instances in DeKalb’s history where there were contingencies allowed which provided a variance for reserving an area for future parking space if needed and asked if this is a possibility for this project if parking becomes a problem. D. Hiland said yes, this is a possibility noting an additional area must be within 300 feet to satisfy the code conditions. D. Hiland said the staff reports indicate when this proposal returns it will, most likely, hold a Planned Unit Development request to accommodate this issue and said it is possible to craft wording to this affect if additional parking were found necessary. Mr. Patselt said they would like wording to allow this condition to be removed if additional parking space is not necessary so that they can develop the area further. J. Wright asked what the impact has been to the cities of Champaign and Carbondale with a similar college setting and wondered if they’ve been able to maintain occupancy. He asked if it’s helped or hurt their economy. Mr. Patselt suggested those communities might best answer those questions. D. Hiland reminded the Commission of the University Plaza development, after remodeling and adding amenities are 100% occupied. He suggested this indicates there are those that want something better. They don’t believe there’s a product like this in DeKalb. Maybe this could be the catalyst. Chair Atherton commented on the need to not only attract students but also business people considering DeKalb is home to large industry such as 3M and Target. D. Castro made the point that having commercial on the first floor causes a place to appear more alive and active. If there are only residential units the property may appear dead. He referenced the suburbs as having combined residential and commercial properties that keep the downtowns vibrant. He said that he is seriously concerned about this point. Other questions that were raised were in regard to a need to do an environmental assessment and if there’s a concern regarding the railroad tracks and noise. D. Hiland answered in regard to the contaminated site south of the tracks saying that he researched it and found nothing but assumes they would want to test the soils. Mr. Patzelt said Phase I, possibly Phase II environmental may be done. They did conduct those tests which only showed some asbestos from the homes which was removed. There is no concern about contamination underground. Mr. Patzelt said they are not concerned about vibration from the railroad tracks but rather the noise. The question was asked regarding where runoff would go. Mr. Patzelt said storm water requirements would have to be met and would have to do the calculations to determine the pervious and impervious surface to determine what those runoff requirements would be. D. Hiland said this item would move forward to the City Council for a similar type of discussion. Staff expected the item to go on to the City Council on January 25, 2016 or sometime after the first of the year. REPORTS/ITEMS FOR NEXT MEETING There will be no meeting December 30. The items from tonight’s meeting will be continued on January 13th. A meeting will also be held on January 27th. ADJOURNMENT A motion was made by J. Wright to adjourn the meeting. The motion was seconded by D. Nier and approved by voice vote. The meeting adjourned at 8:00 p.m. Respectfully submitted, Brenda Hart, Recorder ITEM E1  City of DeKalb Planning and Zoning Commission (Board of Appeals) Staff Report TO: Planning and Zoning Commission Members SUBJECT: Zoning Board of Appeals Case Number 1-2016 GENERAL INFORMATION: A. Purpose: Mr. Herbert Buhr requests a variance from Article 5.01.04, of the Unified Development Ordinance. This provision establishes a minimum 25-foot setback for the front yard requirement of the subject property. The petitioner requests the variance to place an accessory structure / attached garage into the setback. B. Location: 212 Fairview Drive, DeKalb; parcel #08-24-201-006. C. Lot Size: Approximately 20,000 square feet (0.46 acre) D. Required Lot Size: (Lot of Record) E. Existing Zoning: SFR-1 Single Family Residential F. Existing Land Use: Single Family Residential G. Surrounding Land Use: North: Soccer Fields, Cemetery East: Single family dwellings West: Single family dwellings South: Single family dwellings The Planning and Zoning Commission acting as the Zoning Board of Appeals will be asked to hear a request for a variance from the Unified Development Ordinance (UDO) brought forth by Mr. Herbert Buhr for the property at 212 Fairview Drive. The petitioner requests the variance from the setbacks that apply to this property in order to place an attached garage on the subject property. Discussion The Applicant is requesting permission to replace the dilapidated garage on the subject property with a larger attached garage placed in the front yard building setback areas. The garage is compatible with the property’s use and appearance as a single family residence and would not introduce an incompatible use to the surrounding area. The property is zoned “SFR” Single Family Residential District, and is adjacent to two public rights of way: Fairview Drive on the north and Monticello Drive on the east. The SFR zoning district typically requires a twenty-five (25) foot building setback from the front lot line to an adjacent public right of way, in which no structures may be constructed. The subject property therefore has two front yard setback requirements. Article 7.03, Paragraph 6 of the UDO provides relief from this requirement when an existing lot of record created before March 26, 1956 is located at the intersection of two or more streets. This provision identifies one front yard setback and reduces the setbacks along other right(s) of way to either 15 feet or 20% of the lot width, whichever is greater. As applied to the subject property, the twenty-five front yard setback extends from the north property line adjacent to Fairview Drive. The other setback (east side) is then reduced to 20 feet. Though the east setback is reduced to 20 feet, the position of the principal structure is near the Monticello Drive right of way. The current accessory structure already encroaches into the front yard setback and the property owner is asking to rebuild the garage on the subject property while increasing the size of the structure and attach it to the principal building. The Applicant explored placing the accessory structure on the southeast portion of the property. However, the applicant has indicated that due to landscaping placed all around the backyard and the location of the houses windows relocating the garage to the back yard would diminish the natural environment created for the property owners’ benefit. In reviewing the existing conditions and the Applicant’s request, use of the property is uniquely limited due to the setbacks established by the public streets on the eastern side of the property. The property is a lot of record and the existing residential structure is legally conforming and the dilapidated garage is a legal nonconforming structure, of which were not of the Applicant’s doing. It could be argued that Mr. Buhr can use his residence and replace the garage as is without the larger footprint, thus demonstrating use of the property without a variance. However, the front yard setback prevent any reasonable placement of the accessory structure on the subject property. Staff recognizes that the subject parcel is unique because when the house and garage were constructed the property was not located in the City of DeKalb. The property is annexed now and PZC096-15 therefore the garage has been considered a legally nonconforming in location and therefore restricts the ability to utilize the lot in accordance with the City’s codes and ordinances. Analysis The request has been reviewed using the criteria regarding variances, as stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. The property has and continues to be used as a single family residence. The front yard building setbacks limit the property owner’s ability to make modifications by erecting accessory structures on the property in appropriate locations next to the principal structure and at the current curb cut. As a result, the property owner’s ability to yield a reasonable return is impaired, restricting the property in a manner more stringent than what is applied to other SFR-zoned properties. The requested variance would allow the Applicant to place the accessory structure in a location that is desirable by the applicant with a building permit. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The property exists as a lot of record and is situated adjacent to two public rights of way, which require setbacks on one side of the property that exceed what would be typically required of SFR- zoned properties. The lot of record is approximately 20,000 square feet in size and the placement of the house on the lot limits the buildable areas on the subject parcel. The current situation was not caused by the Applicant. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The property exists as a lot of record and is uniquely situated along two public rights of way, which require setbacks on both of those sides of the property. The application of the setback and the orientation of the principal structure on the lot and the proximity of the landscaping renders most of the property around the house as unbuildable, as the current placement of the accessory structure is situated in the front yard setback requirements in the Single Family Residential District. The proposed variance would allow the Applicant to replace the accessory structure in the same location but to increase the size of the garage that is usable and desirable. 4. The denial of the proposed variance will deprive the applicant the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. The application of the current setbacks prohibits the property owner from placing the new attached garage in a usable location on the subject property, impairing the owner’s ability to accommodate a storage use on the property with a two car garage wide enough for two vehicles. Other SFR- PZC096-15 properties are not so restricted; the requested variance would allow a reasonable accommodation to be made. 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. The proposed structure will have minimal impacts on the surrounding neighborhood as the eight hundred and seventy five square foot structure matches the coloring of the house and become an expansion of the existing principal structure. Citizen Input To date, three surrounding neighbors have indicated their support of the petition. Recommendation The property is uniquely situated along two public rights of way, the setbacks from which render a particular hardship upon the applicant. The proposed location for the garage on the east side of the house in its current location is the only viable option with a variance, as the front yard setback and the residential building’s proximity to the east property line would prohibit any other viable alternatives. Materials submitted by the applicant indicate that Monticello Drive was not a publicly dedicated street and therefore the homes along the property then located in unincorporated DeKalb County were built to standards and setbacks that were not as lenghty as they are today in the City of DeKalb. Additionally this property was annexed into the City of DeKalb within the last 6 years and therefore exists as a legally nonconforming structure regarding the City’s setbacks and standards today. City staff attempted to work with the applicant by utilizing Article 7.03, Paragraph 6 of the UDO which provides setback relief on an existing lot of record created before March 26, 1956 and is located at the intersection of two or more streets. This provision identifies one front yard setback and reduces the setbacks along other right(s) of way to either 15 feet or 20% of the lot width, whichever is greater. As applied to the subject property, the twenty-five front yard setback extends from the north property line adjacent to Fairview Drive. The other setback (east side) is then reduced to 20 feet. In either even the exception in the ordinance does not allow the garage to be rebuilt on the subject property. Staff recommend approval of the variance for the proposed garage replacement structure. This recommendation is based on the unique conditions that apply to the property due to the location of the principal structure and its proximity to the two adjacent public rights of way and the accompanying setbacks. The Applicant’s proposal shows the attached structure extending twelve feet into the twenty foot front yard setback on the east property line, resulting in an eight and one- half-foot setback. Staff understands the Applicant’s desire to replace the garage in its current location. However, the property is still adjacent to public rights of way, which include sidewalks. PZC096-15 To ensure that the addition is compatible with the existing home, Staff recommend the following conditions: 1. The exterior of the accessory building shall be maintained to match the existing residential structure with color and trim. Please contact the Community Development Department at (815) 748-2060 should you have any questions or comments about this issue. PZC096-15 PZC096-15 PZC096-15  Community Development 200 South Fourth Street DeKalb, Illinois 60115 (815) 748-2060 REQUEST FOR VARIANCE Tax Parcel Number: D 8-�4- '20 { 00 h � Case Number: _______ Current Zoning: f:�R 1_ lf."1/,_ ·n;,y) Current Use:�"ffe."hly �.,Q..,,,_ Lot Size: ;oD x z.co 2Scco'fnff-Street Parking Provided:_ _�_.___ = _ ______ Dwelling Units:__ �� .:L _____ Main Building Size: _ _____ ____ Accessory Building Size: ___ � l::;: ____ , \ � 2 '-t _ o__ _ __ _ Set Backs r FV ' �o�� F�ont: 20 Rear: ;36 Left: 5 Right: 20 }/(J•� �0<..•-tl... tdfet.rl= /?/C>A·f.cetlc (ATTACH SURVEY IF VARIANCE IS FOR SETBACKS OR YARD AREAS) Violation of ordinance which would result: Article:_ b_ ___ Section:_d t _ Paragraph: OL-1- d � ___  Herbert & Linda Buhr 212 Fairview Drive DeKalb, IL 60115 Request for Variance October 6, 2015 Replies to request for additional information. 1) Reason for request: We are in need of replacing our present Garage. Why? Our existing garage when built, was constructed on a floating slab without any footings. Over the years settling of the concrete slap that caused V2" to 1112" cracks to open and the settling along all four sides of the garage. At present the garage leans 5 degrees to the south, the west wall bows out, and at present the garage door will not lift up. Needless to say it could crash down at any time. 2) When the Garage was built by previous owner, I believe it was in the county, at that time I don't believe Monticello was yet constructed. To meet existing setback minimums, the garage cannot be rebuilt without receiving this variance. To build to code it would be 10' off East side of house and right away which would leave an area 15' or less by the width for an unusable garage. 3) a) To construct our new garage will not cause any light or air problems to adjacent property. b) It will not cause any traffic congestion. c) It will not increase fire danger or public safety. d) It will not diminish or impair surrounding property values. e) It will not be a detriment to anyone living in DeKalb. With the variance building it will be an asset to DeKalb and the surrounding neighbors. 4) a) Denial to this request will reduce the value of the property due to the absents of a garage or an inappropriate location for a garage. b) The home and the garage were built by previous owns, we purchased the property in 1994. c) All other garages in the area connect to the homes; without the variance, we cannot build a garage in the same area meeting code. D) The proposed garage will be compatible to the other homes in the area in scale and character and value. In summing up our request; without the proposed variance, our only other option is to build it in the back yard, to meet code! Relocate the garage in the back yard would require having to place it 10' south of our home, 25 feet west of the public walk. It would require removal of two trees, our raised patio and create a large void where the garage was. The garage would set approximately 3 to 4' below the east side door and north kitchen door to our home. This would but the garage in a difficult location, at the least, to be friendly, poor access, and would require walking 35 to 45 feet every time you use it and is outside to and from our home not to mention that all of the steps being outside. Constructing the garage off the south side of our home makes little to no common sense and I question if your staff would approve if a new construction. We would look at the roof of the garage from our family room and raised patio, instead of our aesthetic and pleasing view into our back yard. To meet code would place this garage/ building would not conform to any structure or placement in the area. The denial of the proposed variance will deprive the use of our property in the manner which we purchased it for and in a manner equivalent to other properties in the area. It would remove the lawn area and make the balance of the back yard mostly unusable conditions, would devalue the property and not allow a reasonable return to our investment, if variance is denied. The proposed variance to build will alleviate undue hardship and is our reason for request. Thank you for your consideration with our request! Photos of area are enclosed for your review.  9J. my ol eKalb opportunity . innovation 200 South Fourth Street DeKalb, Illinois 60115 815.748.2000 • cityofdekalb.com I hereby swear that all f t e statements contained herein, and any plans and papers submitted t the Applicant's Home Phone: 8 i 5- 758·- 8 :3 8 if -..J-Jh 0 cVuit; IV�, SUBSCRIBE D and SWORN TO before me on this / 0 day of () do b�Y, 20JS NOTARY PUBLIC·� �0 IA �vv\/)V'-"c> : .OFFICIAL SEAi.: ....... ......:··················..· · r " - J - SHIRLEY WEITl NQtary Publtc, State of p,_ ! 1 '"'1 --· �·Nat? STAFF USE ONLY Fee Paid: ---- �Date Paid: ---- Case#: ---- Has application been reviewed with application prior to filing? YES NO If YES, date of review:_______ _ __ _ _ _ Staffmember(s) present at review: ______ ___ __________ Staffmember(s) who visited site: __________ ___ ___ __ __ Date of Visit: ---- Report: _ __ _ _ __ __ __ _ __ _ __ _ ___ ___ _ _ _�  1 uu.u ffec. ,. ouna upe:; Found O'Pen , nd e � ,v :;,:; .:;.:..0 100 ;....;M;,;.:.: �· '"eas. ;;:,;:;;... _,�-:"fEnd Pipe �....E� : ��·�P.�ip� .... __ ____ ______ ____ __ ...,. ________ ____ __ ____ � . ·�� () �<S' 65' Building Setback Une ---- Four 1 i'.' Retaining wal �1 If (various wijths} X V n. 'I; �1_ '.1'}• � Bnc. • End of fence 0.5' E. £:-.:: =" � __ .. ::z· ::. 15' Utility Easement Found Ope Fence End Pipe at comer 0.3' S. J_ ,! •.· � ..-·... '-"\. .... ·;,. 8 . , c D ·' ' r-  100.01 Rec. ·Found Open 100.03' Meas. -r----.-;.;;.;;.._ ______ �--------....�--End P�e ---------------- "' \ti<� ·\() . �\j 0) . 0) -...J ·,' . ·· .. . ..· . ' . . Setback Line · · · .., . · . . . .. . · . Pr:o p os e.d . G a..r tt.j e . .... 27'.,._2 ' ..· Rcplo.c..e.me.nl . S�vt�n\ bey- 30, 20 J� . · . ' r"� 10 Jr - 1 i�_ Reta_in i n g wall· co'°' ,x (vanous ·wirlths) x ii �- y .. ··.·: ·· . -·� . 1 'i ... ...:- . . ,; C0 '01 · Brick ' . . ·. . . ' . . . . . ·. edging ·· ---..-. . . ,. . . . . '\ .  SHAW MEDIA PO BOX 250 CRYSTAL LAKE IL 60039−0250 ORDER CONFIRMATION Salesperson: KANDI TOMISEK Printed at 11/17/15 10:25 by ktomi −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 10028045 Ad #: 1133430 Status: N CITY OF DEKALB PLANNING & DEVELOPMENT Start: 11/21/2015 Stop: 11/21/2015 200 S FOURTH STREET Times Ord: 1 Times Run: *** DEKALB IL 60115 STD 1.00 X 60.00 Words: 228 Total STD 60.00 Class: 8100 PUBLIC NOTICES Rate: LEGAL Cost: 87.00 # Affidavits: 1 Contact: DEREK HILAND Ad Descrpt: PZC094−15 BUHR Phone: (815)748−2333 Given by: * Fax#: (815)748−2359 Created: ktomi 11/17/15 10:22 Email: Derek.Hiland@CITYOFDEKALB.co Last Changed: ktomi 11/17/15 10:25 Agency: −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Gang Ad #: _________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Special Instr: _______________________ −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− PUB ZONE ED TP START INS STOP SMTWTFS DC CL 97 S 11/21 WED CL 99 S 11/21 APNW CL 97 S 11/21 −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− (CONTINUED ON NEXT PAGE)  SHAW MEDIA PO BOX 250 CRYSTAL LAKE IL 60039−0250 ORDER CONFIRMATION (CONTINUED) Salesperson: KANDI TOMISEK Printed at 11/17/15 10:25 by ktomi −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 10028045 Ad #: 1133430 Status: N PUBLIC NOTICE LEGAL NOTICE NOTICE is hereby given that a pub- lic hearing will be held before the DeKalb Planning and Zoning Com- mission at a meeting to be held on or after Wednesday, December 16, 2015 at 6:00PM in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a petition by Herbert Buhr for a vari- ance from the building setback re- quirement on property zoned “SFR- 1” Single Family Residential and located at 212 Fairview Drive DeKalb, Illinois. The property is legally described as: LOT 1 IN BLOCK 4 IN CLARENCE N. QUITNO SUBDIVISION, A SUBDI- VISION OF A PART OF SECTION 34, TOWNSHIP 40 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER THE PLAT THEREOF RECORDED IN THE DEKALB COUNTY RECORDER'S OF- FICE ON SEPTEMBER 9, 1955, IN BOOK ¡ÈJ¡É OF PLATS, PAGE 2, AS DOCUMENT NUMBER 279043, SITUATED IN DEKALB COUNTY, ILLINOIS. (P.I.N. 08-34-201-006) All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on this proposal to the City of DeKalb, Community Development Depart- ment, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, December 9, 2015. Further information is available from the Community Development Department, (815) 748-2060. Christina Atherton, Chairman DeKalb Planning and Zoning Com- mission City of DeKalb (Published in the Daily Chronicle November 21, 2015.)  Cityot�b eKalb opportunity · innovation 200 South Fourth Street DeKalb, Illinois 60115 815.748.2000 • cityofdekalb.com November 6,2015 Dear Property Owner(s): The DeKalb Planning and Zoning Commission will consider a a petition by Herbert Buhr for a variance from the building setback requirement on property zoned "SFR-1" Single Family Residential and located at 212 Fairview Drive DeKalb, Illinois. (see enclosed map). Mr. Buhr requests a variance from Article 5.01.04, Paragraph2. This provision establishes a minimum25- foot setback for two sides of the subject property, as it is adjacent to two public rights-of-way. The petitioner requests the variance to tear down the existing garage and in its place construct a garage that is larger than the existing dilapidated structure but in order to do so needs the approval of the Planning and Zoning Commission. The DeKalb Planning and Zoning Commission will hold the public hearing and review this request at their regular meeting on Wednesday, December 16, 2015 at 6:00 p.m. The meeting will be at the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within two- hundred and fifty feet of212 Fairview Drive, you are encouraged to attend the meeting to learn about and/or comment on this variance (Var) request. You may submit written comments regarding the proposal on the enclosed comment sheet by fax (815-748-2359), by mail (Derek Hiland, 200 S. Fourth Street, DeKalb, Illinois 6011 5), or by email (dhiland@cityofdekalb.com). All comments will be shared with the Planning and Zoning Commission and will be included in the public record. Comments should be submitted by Wednesday, December 9,2015 at 5:00 p.m. If you have any questions about these requests, please feel free to contact the Community Development Department at (815)748-2364. Sincerely, Principal Planner Enclosures CC: Mayor, City Council, City Manager DeKalb Planning and Zoning Commission Petitioner's Representative PZC097-15  Variance Request 212 Fairview Drive November 16, 2015 1: 1 .1 28 .... 0.0125 Q.02:5 0.05mi .trd«es1n (Yelow) o.az o.oo o.osn Steet Labels (Y- ,..,_ So.Im; EM. a,c.ia.... GnE,.. � � �OS. U301.. USGS.AD.G.... _..,..,_ GP......,_,. ..omu..c__., Pan:eb_.2D15_Jll)'_Couity_Recordl EM.�O.C.- ....,...,CI�--.� --a.s'""..�.-., P'lfttlgLOls • � i ·--... . - � . .. ��--- . . - · . . .:- . - �· - · ._ . . ,.  Citizen Response Form 212 Fairview Drive, Setback Variance Request (Var) Basic Input: D I support the proposal. D I support redevelopment generally, but would like to see specifics before I decide. D I do not support the proposal. Written Comments: LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Zoning Planning and Zoning Commission at a meeting to be held on or after Wednesday, December 16, 2015 at 6:00PM in the DeKalb Municipal Building, 200 South FourthStreet, DeKalb, Illinois, on a petition by Herbert Buhr for a variance from the building setback requirement on property zoned "SFR-1" Single Family Residential and located at 212 Fairview Drive DeKalb, Illinois. The property is legally described as: LOT 1 IN BLOCK 4 IN CLARENCE N. QUITNO SUBDIVISION, A SUBDIVISION OF A PART OF SECTION 34, TOWNSHIP 40 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER THE PLAT THEREOF RECORDED IN THE DEKALB COUNTY RECORDER'S OFFICE ON SEPTEMBER 9, 1955, IN BOOK "J" OF PLATS, PAGE 2, AS DOCUMENT NUMBER 279043, SITUATED IN DEKALB COUNTY, ILLINOIS. (P.l.N. 08-34- 201-006) All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on this proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, December 9, 2015. Further information is available from the Community Development Department, (815) 748-2060. Christina Atherton, Chairman DeKalb Planning and Zoning Commission City of DeKalb  Citizen Response Form 212 Fairview Drive, Setback Variance Request (Var) Owners Name: '1< ){V- �i �ff k. c '15 l Property Address: L,I '( f"CI- •r \11 el\J l)Q.. Basic Input: % I support the proposal. o I support redevelopment generally, but would like to see specifics before I decide. o I do not support the proposal. Written Comments: I (�·-t-rb' '·s o... f����,� ���;l6"" .. �V\J  Citizen Response Form 212 Fairview Drive, Setback Variance Request (Var) Owners Name: K v__ s 5 e. If V ; H � ft c Property Address: 20 � G Vl. co r cl b r. Basic Input: )&. I support the proposal. D I support redevelopment generally, but would like to see specifics before I decide. D I do not support the proposal. Written Comments:  Citizen Response Form 212 Fairview Drive, Setback Variance Request (Var) Owners Name: I'llj' c:l(\ cc.g \ I .;--. @-_, th .. Property Address: ___ ...:. 2--.--=D��'-----"L """"e "---" ....x""-'-� n _,._=5"'-'l- -' :b .... , _-"' ""------------ Basic Input: g(_ I support the proposal. 0 I support redevelopment generally, but would like to see specifics before I decide. O I do not support the proposal. Written Comments: 0\J>..Y: ITEM F1  City of DeKalb Planning and Zoning Commission (Board of Appeals) Staff Report TO: Planning and Zoning Commission Members SUBJECT: Zoning Board of Appeals Case Number 2-2016 GENERAL INFORMATION: A. Purpose: Casey’s Retail Company requests a variance from Article 5.07.04, of the Unified Development Ordinance. This provision establishes a minimum 30-foot setback for the side yard setback requirement of the subject property when it abuts a residential district. The petitioner requests the variance to construct an addition onto the west façade of the building that would encroach ten feet and four inches (10’ 4”) into the sideyard setback. B. Location: 1001 North Annie Glidden Road, DeKalb; Parcel #08-16-200-026. C. Lot Size: Approximately 47,350 square feet (1.09 acres) D. Required Lot Size: (Lot of Record) E. Existing Zoning: Light Commercial F. Existing Land Use: Casey’s General Store (Gas Station) G. Surrounding Land Use: North: Multifamily dwelling units East: Retail commercial properties West: Multifamily dwelling units South: Retail commercial properties PZC006-16 Casey's variance request.docx The Planning and Zoning Commission acting as the Zoning Board of Appeals is asked to hear a request for a variance from the Unified Development Ordinance (UDO) brought forth by Casey’s Retail Company on a building setback requirement on property zoned “LC” Light Commercial and located at 1001 North Annie Glidden Road DeKalb, Illinois. Casey’s requests a variance from Article 5.07.04, Paragraph 2 which establishes a minimum 30-foot setback for two sides of the subject property, as it is adjacent to a residential district. The petitioner requests the variance to construct a 600 square foot building addition into the side yard setback along the west property line. The variance requested would equal ten feet and four inches (10’ 4”) and requires approval from the Planning and Zoning Commission. Discussion The Applicant is requesting permission to construct a 600 square foot addition on the subject property in the side yard building setback area. The building addition is compatible with the property’s use and appearance as the convenience store / gas station would not introduce an incompatible use to the surrounding area that is not already present on the current property. The property is zoned “LC” Light Commercial District, and is adjacent to two public rights of way: West Hillcrest Drive on the south and North Annie Glidden Road on the east. The LC zoning district typically requires a thirty (30) foot building setback from the side lot lines to adjacent residential districts, in which no structures may be constructed. The subject property therefore has two front yard setback requirements and two side yard setbacks given the way the parcel has been developed and the angle of the building and canopy at the corner of the intersection. The need for a side yard variance is due to the unique characteristics of this irregularly shaped parcel. The location of the building (set on an angle) make it impractical to have an addition or alterations to the existing building without a variance. The site currently hosts a large detention pond with elevations ranging from 888 feet to 882 feet that is situated directly behind the existing building. The detention pond encompasses an area of approximately 2,400 feet. Developing in that direction would impact the drainage of the surrounding area and potentially implicate storm water concerns. The current building cannot be expanded to the front as the existing canopy structure and gas dispensers would then be in too close of proximity to conform to safety standards. While the lot on which the building currently sits is approximately 1 acre, the buildable surface of the lot due to existing fixtures, elevations and existing detention is significantly smaller. The only place truly available for expansion is to the side of the building. It is of note that only a portion of the addition to the building would be outside the building setback lines. While the proposed addition is approximately 600 square feet, the portion sitting outside the building set back lines is approximately 106.8 square feet The proposed addition to the existing store is intended to better meet the needs of the community of DeKalb and help the existing store remain relevant in the convenience store industry. The existing store was opened in December of 1999, and while it continues to function as a basic convenience store the needs of the community have changed, as has the convenience store industry. It is now typical to find various prepared food offerings in convenience stores including such things as pizza, sub sandwiches and other quick service items. According to the applicant the expansion PZC096-15 of the existing store allows Casey's to remain relevant in the convenience store market while also better serving the needs and expectations of the community. In reviewing the existing conditions and the Applicant’s request, use of the property is uniquely limited due to the setbacks established by the public streets and abutting residential districts on all sides of the property. The property is a lot of record and the existing commercial structure is legal and conforming. A building addition to either side of the convenience would likely encroach into the side yard setback. It could be argued that Casey’s Retail Company can expand the building up to the side yard setback on either side of the building and shift the dumpster surround elsewhere on the site, thus demonstrating use of the property without a variance. However, the side yard setback would limit the buildings expansion by one third the size of the 600 square foot addition and would limit placement to the east or west side of the building where the size would be diminished to comply with code. Analysis The request has been reviewed using the criteria regarding variances, as stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. The property has and continues to be used as a gas station / convenience store. The front yard and side yard building setbacks limit the property owner’s ability to increase the overall footprint of the building due to parameters created by the built environment. As a result, the property owner’s ability to yield a reasonable return is impaired, restricting the property in a manner more stringent than what is applied to other LC-zoned properties. The requested variance would allow the Applicant to construct an addition to the building that is desirable by the applicant with a building permit. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The property exists as a lot of record and is situated adjacent to two public rights of way and two properties zoned residential, which requires setbacks on all sides of the property that exceed what would be typically required of LC-zoned properties. The lot of record is just over an acre in size and the placement of the building, detention pond, canopy, underground tanks and dumpster surround limits the buildable areas on the subject parcel. The market demand upon convenience stores has evolved since the building was constructed in 1999. Customers want more consumable goods and the current store is not large enough to accommodate the needs of the area thereby necessitating a store expansion. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. PZC096-15 The application of the setbacks and the orientation of the principal structure on the lot and the proximity of the built environment renders most of the property around the building as unusable. The proposed variance would allow the Applicant to construct the building addition in a size that is desirable to the applicant. 4. The denial of the proposed variance will deprive the applicant the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. The application of the current setbacks prohibits the property owner from constructing the addition in a manner they find desirable to serve their customers in DeKalb. Other LC-properties are not so restricted and would likely be able to expand their business; the requested variance would allow this reasonable accommodation to be made. 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. The proposed structure will have minimal impacts on the surrounding neighborhood as the six hundred square foot structure would match the façade of the General Store. Citizen Input To date, no one has contacted the City on this item. Recommendation The property exists as a lot of record and is situated adjacent to two public rights of way and two properties zoned residential, which requires setbacks on all sides of the property that exceed what would be typically required of LC-zoned properties. The proposed location for the addition on the west side of the store is the only viable option with a variance, as the front and side yard setbacks and the building’s proximity to the detention pond, canopy, underground tanks and dumpster surround limits the buildable areas on the subject parcel and would prohibit any viable alternatives. Staff recommend approval of the variance for the proposed 600 square foot addition. This recommendation is based on the unique conditions (irregularly shaped lot / building set on an angle) that apply to the property due to the two adjacent public rights of way and the accompanying residential setbacks. The Applicant’s proposal shows the addition extending ten feet four inches (10’ 4”) into the thirty foot (30’) side yard setback on the west property line, resulting in a nineteen foot eight inch (19’ 8”) setback. Staff understands the Applicant’s desire to maximize the services and products they can provide to the community. However, the property is still adjacent to residential property and assurance that the impacts upon adjacent properties are minimized Staff recommend the following conditions: PZC096-15 1. That a landscaping plan be provided whereby the existing tree line is not reduced to provide a screening element for the residential buildings. Please contact the Community Development Department at (815) 748-2060 should you have any questions or comments about this issue. PZC096-15 PZC096-15 PZC096-15 PZC096-15  Community Development 200 South Fourth Street DeKalb, Illinois 60115 (815) 748-2060 REQUEST FOR VARIANCE ·.:._08-16 -200-026 Tax Parcel Number: ____________ _Case Number: · ---- _d---','-D_e _k_alb , Common Address of Property: _ 1_ 00_1 A _n n_i_e _G_li_d d_ e_n_R _ I. _L ...:. _ __ _ _ _____ _ ac_he_d _ _e_a_t t_ Legal Description:_se _ _ __ ______ ____ _ _ ______ _ Current Zoning:_ __ no _ _ cha _ n�g_e _ __ ___ _ Current Use: conven ience with gas c anopy Lot Size: ____ Off-Street Parking Provided:_ __ ______ _ _ Dwelling Units:. ____ Main Building Size: currentl y 40'x6 8 proposed 40'x83' Accessory Building Size:_ __ _ __ _ __ _ __ Set Backs Front: ---- 5 0' Rear: ---- Left: 30' Right:._4 _ 0_' ___ (ATTACH SURVEY IF VARIANCE IS FOR SETBACKS OR YARD AREAS) s\te. _p\ C{4'l �.Uv_o{ Violation of ordinance which would result: Article:. ____ Section:. ____ Paragraph:._ __ _  Of�� Cit}' eKalb opportunity . innovation 815.748.2000 200 South Fourth Street DeKalb, Illinois 60115 • cityofdekalb.com I hereby swear that all of the statements contained herein, and any plans and papers submitted herewith, are true to the best of my knowledge and belief. Applicant: Ca sey' s Retail Company Applicant's Home Address: One Convenience Blvd, Ankeny, IA 500 21 Applicant's Home Phone: _ 5_ 1_ 5_ 9_6_5_-6_1_0_0 _ ___ __ SUBSCRIBED and \�ay of h\o\10nber I , . 20§, . �iiiJ 1. -- - · ··- ·-- I ,,., . PATTY A. GRONEVJC".; Commission Number 13?.J i , My�£ineo i Expii€S _ • .��� • STAFF USE ONLY Fee Paid: ____ Date Paid: ____ Case #: __ _ __ Has application been reviewed with application prior to filing? YES NO IfYES, date of review: _____________ Staff member(s) present at review: __ _________________ _ Staffmember(s) who visited site: __ __________________ Date of Visit:---- Report:_ __________ __ ___ _ _ _____ __ ___ �  Variance Request Casey's Retail Company DeKalb, IL Casey's Retail Company is proposing the construction of a proposed addition to our convenience store in DeKalb, Illinois. As part of this addition, Casey's is requesting the granting of a side yard setback variance to allow the addition to be constructed as close as 19 feet 8 inches from the property line. The City's minimum side yard requirement is 30 feet. Accordingly, Casey's is asking for a variance to the side yard requirement. I have enclosed a copy of the site plan showing the location of the Casey's building, and proposed addition for your review. The need for a side yard variance is due to the unique circumstances of the building layout on the site. The location of the building and the shape of the property makes it impractical to have any addition or alterations to the existing building. The granting of this variance would allow construction of an addition to our convenience store. The proposed addition will make the highest and best use of this property and will not have a negative effect on surrounding properties. This business provides service to the surrounding neighborhood in the form of quality food service products, convenience items and automotive fueling services. Thank you for the consideration for this variance request. If you have any questions, please feel free to contact me at 515/965-6597. Nancy Tjarks Store Development Assistant Administrator • CASEY'S GENERAL STORES, INC. PO. Box 3001 • One Convenience Blvd., Ankeny; Iowa 50021-8045 • 515-965-6100 Variance Request Casey's Retail Company DeKalb, IL Casey's Retail Company is proposing the construction of an addition to our existing convenience store in DeKalb, Illinois. As part of this addition, Casey's requests the granting of a side yard setback variance to allow a portion of the addition to be constructed as close as 19 feet 8 inches from the property line. The City's minimum side yard requirement is 30 feet. Accordingly, Casey's is asking for a variance to the side yard requirement. I have enclosed a copy of the site plan showing the location of the Casey's building, and proposed addition for your review. The need for a side yard variance is due to the unique characteristics of this site. The location of the building and the shape of the property make it impractical to have an addition or alterations to the existing building without a variance. The site currently hosts a large detention pond with elevations ranging from 888 feet to 882 feet that is situated directly behind the existing building. The detention pond encompasses an area of approximately 2,400 feet. Developing in that direction would impact the drainage of the surrounding area and potentially implicate storm water concerns. The current building cannot be expanded to the front as the existing canopy structure and gas dispensers would then be in too close of proximity to conform to safety standards. While the lot on which the building currently sits is approximately 1 acre, the buildable surface of the lot due to existing fixtures, elevations and existing detention is significantly smaller. The only place truly available for expansion is to the side of the building. It is of note that only a portion of the addition to the building would be outside the building setback lines. While the proposed addition is approximately 600 square feet, the portion sitting outside the building set back lines is approximately 106.8 square feet. The proposed addition to the existing store is intended to better meet the needs of the community of Dekalb and help the existing store remain relevant in the convenience store industry. The existing store was opened in December of 1999, and while it continues to function as a basic convenience store the needs of the community have changed, as has the convenience store industry. It is now typical to find various prepared food offerings in convenience stores including such things as pizza, sub sandwiches and other quick service items. The expansion of the existing store allows Casey's to remain relevant in the convenience store market while also better serving the needs and expectations of the community. The proposed addition will make the highest and best use of this property and will not have a negative effect on surrounding properties as the expansion respects the current drainage and topography of the property, and is an expansion of the existing business currently located on site. This business provides valuable services to the surrounding neighborhood in the form of quality food service products, convenience items and automotive fueling services. Thank you for the consideration for this variance request. If you have any questions, please feel free to contact me at 515/965-6597. Nancy Tjarks Store Development Assistant Administrator  !' I M I' ��i ' ---'---- I -L--  20' O' 20' ' llOOl PflNICf ma tlmHill Scale: 1" = 20' PER RUSS FNMJll (Cl!Y IX OO<lol.BJ ma IS TO BmN � flK* £A5T PIU'ERlY lJE. OO'Qi Cl¥aD TO � saml M.C»«: CASE.Y'S WEST PIU'ERlY lJ£ EXISOO OO"EH1DI MSll OJllET STRICTIR: (SEE OC!Al. (II lltS 9fI1) . -.J ... � EXISTllG IN. 8111.1111 !'I.ACE 5 Sf SllK RIP-RN> EXISllC 24" IM. 1YPE C ClilO!---..L BASIN W/rtPE 3 FRME l CRATE FLCMUi: EllV. l!M.50 N. IN. 1t • 8112.0 EXISTH; 24" Ill. 1YPE A STORM N.ET W/rtPE II �IE Jill EllV. IBl.Oo s. IN. 1t • moo EXISllC 1'r 111. RCa' STORM !HER - 22' • U5X ---- EXIST. 2i" STORM STRUCTURE 'Mlli NO CASTING, RIM filV. = 879.16 W. 12" PVC 11.V. ; 876.36 ACCESS E"ASEMOO FOR\ PARCa ·A-3" _ l_ STORM SEMR cntEiii)� TO PROPOSED llollKX.£ N Ell.V, 878.50 1-12· I � o,: _-- �I '°I fI -1  EXHIBIT "A"· To Warranty Deed from Casey's General Stores, Inc. to Casey's Retail Company Legal Description of the Real Estate Conveyed Parcel A-3 of "College Park", a Planned Unit Development located in the South Half (1/2) of the Northeast Quarter (1/4) of Section 16, Township 40 North, Range 4 East of the Third Principal Meridian, according to the plat thereof recorded December 26, 1990 as Document No. 90011538 in Book "V" of Plats, Page 13, in DeKalb County, Illinois; ALSO part of Parcel A-1 of said "College Park" bounded and described as follows, to-wit: Beginning at the Northwest corner of Parcel A-3 of said "College Park"; thence Easterly along the North line of said Parcel A-3, a distance of 104.00 feet; thence Northerly parallel to the West line of said Parcel A-3, a distance of 40.00 feet; thence Westerly parallel to the North line of said Parcel A-3, a distance of 104.00 feet; thence Southerly parallel to the West line of said Parcel A-3, a distance of 40.00 feet to the point of beginning. Also subject to: Access Easement Agreement dated June 28, 1999 by and between Casey's Gene.ral Stores, Inc. and College Park Partnership filed July 19, 1999 as Document No. 99012991 in the DeKalb County Recorder's Office. And Storm Sewer Easement Agreement dated June 28, 1999 by and between Casey's General Stores, Inc. and College Park Partnership filed July 19, 1999 as Document No. 99012992 i n the DeKalb County Recorder's Office. Local Address: 1001 Annie Glidden Road, PeKalb, Illinois 2oot.i O I 5 O O 7  CitYOf�� eKalb opportunity innovation · 200 South Fourth Street DeKalb, Illinois 60115 815.748.2000 • cityofdekalb.com December 14, 2015 Dear Property Owner(s): The DeKalb Planning and Zoning Commission will consider a petition by Casey's Retail Company for a variance from the building setback requirement on property zoned "LC" Light Commercial and located at 1001 North Annie Glidden Road DeKalb, Illinois. (see enclosed map). Casey's Retail Company requests a variance from Article 5.07.04, Paragraph 2. This provision establishes a minimum 30-foot setback for two sides of the subject property, as it is adjacent to a residential district. The petitioner requests the variance to construct a 600 square foot building addition into the side yard setback. The variance requested would equal ten feet and four inches (10' 4'') and requires approval from the Planning and Zoning Commission. The DeKalb Planning and Zoning Commission will hold the public hearing and review this request at their regular meeting on Wednesday, January 13, 2016 at 6:00 p.m. The meeting will be at the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within two-hundred and fifty feet of 1001 North Annie Glidden Road, you are encouraged to attend the meeting to learn about and/or comment on this variance (Var) request. You may submit written comments regarding the proposal on the enclosed comment sheet by fax (815-748-2359), by mail (Derek Hiland, 200 S. Fourth Street, DeKalb, Illinois 60115), or by email (dhiland@cityofdekalb.com). All comments will be shared with the Planning and Zoning Commission and will be included in the public record. Comments should be submitted by Wednesday, January 6, 2016 at 5:00 p.m. If you have any questions about these requests, please feel free to contact the Community Development Department at (815) 748-2364. Principal Planner Enclosures CC: Mayor, City Council, City Manager DeKalb Planning and Zoning Commission Petitioner's Representative PZC097-15  Variance Request 1001 N . Ann1e . Glidden Rd December 14, 2015 Jlddfeuet (Yelow) , . Slrfit Lab8ts (YeHow) : : Parcell_2015-July-coU'ffy_Rec«ds LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Zoning Planning and Zoning Commission at a meeting to be held on or after Wednesday, January 13, 2016 at 6:00PM in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a petition by Casey's Retail Company for a variance from the building setback requirement on property zoned "LC" Light Commercial and located at 1001 North Annie Glidden Road DeKalb, Illinois. The property is legally described as: PARCEL A-3 OF "COLLEGE PARK'', A PLANNED UNIT DEVELOPMENT LOCATED IN THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF SECTION 16, TOWNSHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 26, 1990 AS DOCUMENT NO. 90011538 IN BOOK "V" OF PLATS, PAGE 13, SITUATED IN DEKALB COUNTY, ILLINOIS. (P.I.N. 08-16-200-026) All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on this proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, January 6, 2015. Further information is available from the Community Development Department, (815) 748-2060. Christina Atherton, Chairman DeKalb Planning and Zoning Commission City of DeKalb  Citizen Response Form 1001 North Annie Glidden Road, Setback Variance Request (Var) Basic Input: D I support the proposal. D I support redevelopment generally, but would like to see specifics before I decide. D I do not support the proposal. Written Comments:  SHAW MEDIA PO BOX 250 CRYSTAL LAKE IL 60039-0250 ORDER CONFIRMATION Salesperson: KANDI TOMISEK Printed at 12/16/15 10:26 by ktomi Acct #: 10028045 Ad #: 1142784 Status: N CITY OF DEKALB PLANNING & DEVELOPMENT Start: 12/17/2015 Stop: 12/17/2015 200 S FOURTH STREET Times Ord: 1 Times Run: *** DEKALB IL 60115 LEG 1.00 X 61.00 Words: 229 Total LEG 61.00 Class: 8100 PUBLIC NOTICES Rate: LEGAL Cost: 88.20 # Affidavits: 1 Contact: DEREK HILAND Ad Descrpt: PZC106-15 CASEY'S STORE Phone: (815)748-2333 Given by: * Fax#: (815)748-2359 Created: ktomi 12/16/15 10:22 Email: Derek.Hiland@CITYOFDEKALB.co Last Changed: ktomi 12/16/15 10:26 Agency: Source: Section: Page: Camera Ready: N Group: LEGALS AdType: Misc: Color: Proof: Pickup Date: Ad#: Deliver yInstr: Gang Ad #: Changes: None_ Copy ---- Art Size Copy Chg Every Run Coupon: Special Instr: PUB ZONE ED TP START INS STOP SMTWTFS DC CL 97 s 12/17 WED CL 99 s 12/17 APNW CL 97 s 12/17 (CONTINUED ON NEXT PAGE)  SHAW MEDIA PO BOX 250 CRYSTAL LAKE IL 60039-0250 ORDER CONFIRMATION (CONTINUED) Salesperson: KANDI TOMISEK Printed at 12/16/15 10:26 by ktomi Acct #: 10028045 Ad #: 1142784 Status: N PUBLIC NOTICE LEGAL NOTICE NOTICE is hereby given lhat a pub­ lic hearing will be held before the DeKalb Zoning Planning and Zon­ ing Commission at a meeting to be held on or after Wednesday, Jan­ uary 13, 2016 at 6:00PM in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb. Illi­ nois, on a petition by Casey's Retail Company tor a variance from the building setback requirement on proper!y zoned "Le· Light Commer­ cial and located at 1001 North An­ nie Glidden Rood DeKalb, Illinois. The proper!y is tegolly described as: PARCEL A-3 OF 'COLLEGE PARK·, A PLANNED UNIT DEVELOPMENT LOCATED IN THE SOUTH HALF (1/2) OF THE NORTHEAST QUAR­ TER (l /4) OF SECTION 16, TOWN­ SHIP 40 NORTH, RANGE 4 EAST OF THE THIRD PRINCIPAL MERIDI­ AN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 26, 1990 AS DOCUMENT NO. 90011538 IN BOOK i�Vi� OF PLATS, PAGE 13, SITUATED IN DEKALB COUNTY. IWNOIS. (P.l.N. 08-16-200-026) All interested persons ore invited to appear and be heard at the time and place listed above. Interested persons ore also encouraged to submit written comments on this proposal to the City of DeKalb, Community Development Depart­ ment, 200 South Founh Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, January 6, 2016. Further information Is available from the Community Development Deportment, (815) 748-2060. Chrtsllno Atherton, Chairman DeKalb Planning and Zoning Cammissian City ot DeKalb (Published In the Dolly Chronicle, December 17, 2015.)