Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission August 22, 2018 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. July 18, 2018 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing - Petition by Scott and Lisa Schmittle for a variance to Article 7.06 “Fences” of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot and approval of other such variations or relief as required to accommodate the proposed request on the subject property located at 145 Heritage Drive. 2. Public Hearing - Petition by Dave Franzene, owner and applicant, for approval of zoning map amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District for a .79 acre site located at 1786-1792 Sycamore Road. The petitioner is proposing the Planned Development zoning in order to accommodate a pawn shop, the continued use of a video gaming establishment and to allow other commercial uses in an existing 8,500 sq. ft. multi- tenant building located on the subject property. F. REPORTS G. ADJOURNMENT  MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION July 18, 2018 The Planning and Zoning Commission held a Meeting on July 18, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Christina Doe called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary, Linda Odom called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, David Castro and Deborah Nier. Commissioner Jerry Wright was absent. City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton and Recording Secretary, Linda Odom. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the July 18, 2018 agenda as presented. Ms. Buckley motioned to approve the agenda as presented. Ms. Barbe seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES Mr. Olson noted the minutes from the July 5, 2018 meeting will be approved at the next Commission meeting. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS Public Hearing – Petition by Northern Illinois Hotels, LLC, represented by Pramit Patel, and Elmer Larson Inc., owner, for approval of zoning map amendment from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District and approval of a Planned Development Plan for a 2.87 acre site located at the southwest corner of Knolls Ave. S. and S. Annie Glidden Road. Proposed is 90-room Home2 Suites by Hilton Hotel and associated improvements. Chair Doe opened the meeting to the petitioner, Pramit Patel of 1660 N. Claremont Ave., Chicago, IL. Mr. Patel introduced everyone in his group along with their Planning and Zoning Commission July 18, 2018 Page 2 of 8 experience. He noted they are looking to develop a 90 room Home2 Suites by Hilton Hotel at the SW corner of S. Annie Glidden Road and Knolls Ave. S. Mr. Patel mentioned they had a professionally conducted market study done that indicted why DeKalb could accommodate another hotel. He feels DeKalb has seen strong economic growth from the corporations and businesses in the City but believes there is not enough quality hotel rooms to accommodate the growth. He said once the adjacent Hampton Inn is full, which is about 3-4 times a week and 8 months of the year, patrons end up going to neighboring towns to stay in hotels and contributing to their economy. Mr. Patel said the proposed hotel would generate about $205,000 a year in property taxes with about $160,000 going towards the school district. He went over the plans for the hotel, type of guests they will have, room details and described the architectural renderings for the building and noting it will be an eco-friendly facility. Marc Gebhardt of Wendler Engineering, Civil Engineer for the applicant, said they will be providing storm water detention on the site in accordance with the City code. He explained why they put the entrance off of Knolls Avenue S. and mentioned a separate entrance onto Annie Glidden Road is not feasible. He said they looked at connecting the Hampton Inn with this site, but there were several issues that prohibited that. Mr. Gebhardt talked about some changes that have been made to the plans. He noted along the west end of the site they removed 8 parking spaces increased the height of the privacy fence to 8 feet and added landscaping. He also pointed out they will be adding a left turn lane in the landscape island along Knolls Avenue S. into the hotel site. Michael Worthman, a principal at the firm of Kenig, Lindgren, OHara, Aboona, Inc., a traffic and transportation engineering firm out of Rosemont, IL said they were retained to perform the traffic study for the applicant. Mr. Worthman commented that the access has always been anticipated to be off of Knolls Ave. S. He spoke about the volume of traffic and described the type of hotel it will be and the anticipated traffic generation. He said the hotel is not going to have any extra amenities that typically generate more traffic. He added that the access will include one lane in and out and that all exiting traffic will have to turn right onto Knolls Ave. S. He said there will be a left turn lane added to the median in Knolls Ave. S. and mentioned the landscaping will be modified and replaced in the median to provide better sight distances as one comes in and out of the site and subdivision. Overall, he said the roadway system works well in this area and at this time the volume isn’t high enough to warrant a signal at Knolls Ave. S and Annie Glidden Road. Mr. Patel talked again about comments the city staff have made and how they have or will address them. Mr. Olson went through the staff report dated July 13, 2018 stating that the property is in the South Annie Glidden Road corridor and zoned “LC” Light Commercial and has been zoned that classification since the development of the Knolls Subdivision. He went over the guidelines and mentioned there was a neighborhood open house and a ward meeting hosted by Alderman Verbic recently that allowed the residents Planning and Zoning Commission July 18, 2018 Page 3 of 8 to view the plans, ask questions, make comments and be advised about the public hearing. He commented that there will be some revisions to the plans based upon staff comments. Mr. Olson mentioned there is a 50’ buffer area required for Planned Developments between commercial and residential districts and that no parking can be in that buffer area. He stated the 50-foot buffer area applies on the west side of the site. Mr. Olson advised he Commission that staff asked the applicant to move the building further east or remove the parking in the buffer area, relocate the dumpster, add more landscaping and increase the height of the privacy fence in order to achieve better screening on the west side of the site. He added that the building is about 80 feet away from the west property line so that is not an issue. Mr. Olson pointed out that the applicant has submitted an engineering plan and are complying with the storm water regulations and will be revising the plans to address some final comments. He said the City Engineer is here, Greg Chismark with WBK Engineering, if there are any questions for him. He added the DeKalb Park District provided comments regarding the plans, which were addressed by the applicant. Mr. Olson said a traffic analysis was done by the applicant and reviewed by the City Engineer. He commented the study concluded there was no warrant for a traffic signal at the Knolls Ave. S. and S. Annie Glidden Road intersection. He said landscaping will be replaced in the two landscape islands in Knolls Ave. S. to help with visibility. Mr. Olson stated that accident data was provided for the intersection of Knolls Ave. S. and Annie Glidden Road by the DeKalb Police Department and they indicated there was not a safety issue at this time. He also noted that service calls were provided from the Police Department for the adjacent Hampton Inn Hotel and Police Chief Lowery stated there is little demand for service regarding the hotel that is criminal in nature. Mr. Olson said that common area surveillance cameras can be requested with a Planned Development Ordinance and can be linked to the Police Department. Mr. Olson said Citizen Response Forms were received from Linda and Preston Crisler of 1222 Mason St. and Dennis Smigielski, Janice Gorham and Nicole Gorham of 1220 Knolls Ave. S. indicating they do not support the proposal. He also noted that e-mails were received from Sydney and Kyle Zuhn of 652 Plum St. and Steve Brown of 1231 Mason St. noting they also do not support the proposal. He said since the Commission packet went out last Friday, the City received a letter of support for the hotel from the DeKalb Chamber of Commerce and John Laskowski a resident of DeKalb. Mr. Olson noted copies the form, e-mails and letter were provided to the Commission and made part of the record. Mr. Olson concluded by stating the staff’s recommendation is to conduct the hearing tonight and then continue it to the August 8th Commission meeting where staff can provide a full recommendation and the applicant can amend the plans to address staff comments. Planning and Zoning Commission July 18, 2018 Page 4 of 8 Chair Doe gave the public a chance to speak and asked them keep comments related to the petitions that are before the Commission. Steve Brown of 1231 Mason St. stated he lives right across the street from the location and mentioned the proximity of the hotel to the playground and jogging path. He noted he is concerned about the traffic during high traffic times such as large events at NIU. He stated he is not happy about the location, and feels they are shoe horning the hotel into the site. Mr. Brown said he is also concerned about the construction phase of the project and how large vehicles will be entering and exiting the site. He stated he likes Home2Suites but feels the hotel should be built in a heavy commercial area and not in a residential area. Mr. Brown was also concerned about sex offenders staying in the hotel and not having to report they are in the area. Dawn Flippin of 601 Larson Lane said hotels do not have to reveal the status of their guests and she is concerned about who will be staying there since it’s by a park. She feels if there are corporate people staying there they will be out at the same time, so she is concerned about additional traffic. She asked if the school district has been contacted about the traffic coming in and out of Knolls Ave. S. Dennis Smigielski from 1220 Knolls Ave S. stated he lives right next to the subject site. He stated he feels his house value will go down if the hotel is built and it will take another 15 years to come back to what it was. He said he is very opposed to the project and concerned about the hotel not surviving and possible uses after that. Gary Skinner from 1279 Mason St. said he wanted to know if there were any other sites being considered for the hotel. Mr. Patel stated there were no other sites considered for the hotel and noted why they chose this location. Mr. Skinner suggested Shodeen’s property (Lincoln Highway) would be a good location or partnering with NIU or placing it closer to I-88. He mentioned he is concerned about it being close to the residential area and very opposed to the location. Chair Doe opened up the discussion to the Commissioners for comments or questions. Ms. Buckley asked how they came up with this site and asked if they looked at Peace Rd & I-88, which seems like a good location. Albert Hill, construction manager for the developer, said a market study showed this location was good, the existing zoning was commercial and Annie Glidden Road is a major road from the tollway to NIU. He also noted the only way they could get signage on the tollway (I-88) was if they were along Annie Glidden Rd. Mr. Hill also noted there are advantages of having hotels close together. He mentioned a hotel has the least amount of traffic than many other commercial businesses that could locate on the site and traffic will be spread out over the day. Mr. Hill said the signs on I-88 direct motorist to Annie Glidden Road for NIU. Mr. Castro asked why they Planning and Zoning Commission July 18, 2018 Page 5 of 8 would put a hotel near another existing hotel when there are other places to go in the City. Ms. Barbe asked what the average occupancy for the Hampton Inn. Mr. Patel said currently they are at about 85% capacity for the year. He said usually they are sold out 4-5 days a week and 8 months out of the year. Ms. Barbe also asked if the jobs paid a living wage. Mr. Patel responded not all the jobs do. Ms. Barbe feels it is not easy to get in and out of the intersection of Knolls Ave. S. and S. Annie Glidden Road and asked if they contacted the residents about the traffic. Mr. Worthman of KLOA responded that they did not, but they performed a traffic study which was prepared per industry, City of DeKalb and IDOT standards. He stated he believes the existing roadways are adequate and there may be a wait to turn at the Knolls Ave. S. and S. Annie Glidden Road intersection, however the level of service is acceptable, and a signal is not warranted. Mr. Worthman added the accident data shows there is no safety issue at the intersection. Ms. Barbe asked the applicant how do they plan to alleviate the homeowners fears about falling property values. Mr. Patel said the lot has always been zoned for commercial use and it has been for sale for 20 years so residents should have been aware of the commercial potential. He feels the hotel would have the least impact on property values as compared to some other commercial uses. He said what helps property values is economic growth, better schools and jobs and noted the proposed hotel would contribute about $160,000 in property taxes to the school district each year and will bring in more jobs. Ms. Nier said given the amount of information that was presented tonight she would like to go visit the site first. She stated she has concerns related to the traffic, impacts on school buses and the effect on the adjacent playground. She mentioned the hotel will change the makeup of the park and asked about the buffering between the hotel and the park. Vicky Torres, General Manager from the Red Roof Inn along W. Lincoln Highway said she had to go through a long process with the tollway to get signs for her hotel along I- 88 approved and there are maximum distance requirements. Chair Doe asked about the islands and medians in Knolls Ave. S. and how they are going to be altered. Marc Gebhardt with Wendler Engineering explained what type of changes they will be doing including adding a left turn lane in the island for vehicles entering the hotel. He said the landscaping will be replaced with low growth plantings, so the site distances will be improved. Chair Doe asked about the stormwater runoff for the site and the retention pond. Mr. Gebhardt said they have a storm sewer system that they are proposing on-site, which will be in compliance with the City Code. Chair Doe asked Mr. Patel about the amount of time an individual can stay in the hotel. Mr. Patel responded that extended stay just means there is a kitchen provided in each room, so they can stay as long as they want to (except past 30 days), however most stay just a few days. He Planning and Zoning Commission July 18, 2018 Page 6 of 8 commented that corporate hotel guests that travel 5 days a week do not want to eat out every day, so they want to occasionally prepare their own meals. Mr. Castro asked who currently owns the land. Mr. Olson responded that Elmer Larson, Inc. is the listed property owner on the zoning application. He said Mr. Larson is in attendance at the meeting if anyone has a question. Mr. Elmer Larson said at one point in time they owned the entire 264 acres and subdivided it into the Knolls Subdivision. Ms. Buckley noted that Mr. Patel stated in his original presentation that the primary guests would be business travelers to the area so why not Peace Road for the hotel. Mr. Patel responded that they did look at a couple locations along Peace Road, however the cost of the land prohibits the project from being feasible. Chair Doe gave the pubic one more chance to speak. Dennis Smigielski of 1220 Knolls Ave S talked about the runoff going into a feeder pond for the Kishwaukee River and is worried about the fish in the pond and repeated he is very opposed to this project. Cara Carlson of 1223 Mason St. said she just bought her house in December and noted she has waited a long time to turn at the intersection of Knolls Ave. S. and Annie Glidden Road and feels the traffic will be a problem. She said there is a study that shows you will lose value in your home and not get it back for 10-15 years if next to a hotel. She added her home is her investment and doesn’t feel it is fair to ask the residents to absorb this, take on the traffic, and lose property value. She feels it doesn’t make sense to put the hotel next to a residential neighborhood. Dawn Flippin of 601 Larson Lane said she believes the answers were conflicting as to why other properties weren’t looked at for the hotel and does not think this is the right location for the hotel. Steve Brown of 1231 Mason St. said there are two properties for sale by Schnuck’s that could accommodate a hotel. He is also concerned about traffic with the deer and other wildlife routinely going through the area. He sated he does not feel a 4- story hotel is a “light commercial” use. Paul Konechy of 1226 Knolls Avenue South said he works out of state every other night and stays at a hotel and feels the property in front of Schnuck’s would be a better location. He added he is concerned about safety for his family because he is gone a lot and they visit the park and noted he is opposed to this project. Chair Doe asked if anyone else would like to speak. She asked the Commissioners if they had any other questions. Chair Doe asked if they would Planning and Zoning Commission July 18, 2018 Page 7 of 8 like to continue the hearing. Mr. Castro asked the staff to provide some background on the process related to when a property owner/developer comes to the City with a request. Mr. Olson commented when a petitioner comes to the City with a request, the City has focus on what they are requesting and at the location being requested and determine if they meet the findings of facts or not as stated in the UDO. He reiterated the Commission must focus on the subject site and not look at other properties where the hotel could possibly go. Ms. Nier moved that the public hearing for a Zoning Map Amendment from the “LC” Light Commercial District to the “PD-C” Planned Development Commercial District and approval of a Planned Development Plan for a Home2 Suites by Hilton Hotel to be located at the southwest corner of Knolls Ave. S. and S. Annie Glidden Road be continued to the August 8, 2018 Planning and Zoning Commission meeting to be held in the City Council Chambers at the DeKalb Municipal Building, 200 S. 4th St. DeKalb, IL at 6:00 PM. Ms. Buckley seconded the motion. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Ms. Nier – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Wright was absent. Public Hearing - Petition by KV & Sons LLC – DeKalb 2, applicant and owner, requesting an amendment to Special Use Ordinance No. 2016-006 to modify the wall signage regulations on the building located at 444-460 E. Lincoln Highway. Dipak Patel, building owner for 444-460 E. Lincoln Highway, noted they are requesting to reduce the size of the existing box sign (multi-tenant sign) on the east side of the building and add a sign for Dunkin Donuts, which is locating in the vacant tent space. Mr. Patel noted the existing box sign on the east side of the building is 9’ x 8’ (72 sq. ft.) and they would like to replace it with an 8’ x 6’ (48 sq. ft.) sign. He added the new Dunkin sign on the east side of the building would be 30 sq. ft. Mr. Olson went through the staff report dated July 13, 2018. He described the proposed signs and mentioned the new Dunkin sign will go on the east side of the building. He said there were standards regarding wall signage on the building from the special use ordinance approved in 2016. Mr. Olson stated the ordinance was specific on how many signs were allowed and maximum sizes, so the special use is required to be amended in order to accommodate the additional wall sign on the east side of the building. Mr. Olson said the staff recommendation is to approve the proposed amendment. Chair Doe gave a chance for the public to speak. There was none. Chair Doe asked if the Commissioners had any other questions. Mr. Castro asked if it was a lit sign. Mr. Patel said only on the front not the back and it was not a flashing sign. Chair Doe asked if there will be a sign on Lincoln Planning and Zoning Commission July 18, 2018 Page 8 of 8 Highway that has been approved. Mr. Olson said there would be and yes it has been approved and is within the square footage limitations of the 2016 ordinance. Chair Doe closed the public hearing portion of the meeting. Chair Doe asked if there were any other questions from the Commissioners. There was none. Ms. Barbe moved that based upon the submitted petition and testimony presented, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of an amendment to Special Use Ordinance No. 2016- 006 to modify the wall signage regulations on the building to allow one multi-tenant wall sign (box sign) and one tenant wall sign on the east side of the building not to exceed 78 sq. ft. in total area for the subject property per the signs details attached as Exhibit A to the July 13, 2018 staff report. Ms. Buckley seconded the motion. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Ms. Nier – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Wright was absent. F. REPORTS Mr. Olson reported the City Council at their last meeting passed an ordinance amending the terms for several of the boards, commissions and committees in the City. He noted the changes moved the end of the terms from the end of June to the end of the calendar year similar to the City’s budget. Mr. Olson said the list of Planning and Zoning Commission members has been updated with the new terms and provided to the Commission. He announced there should be an appointment up for consideration by the City Council at their next meeting for a new Planning and Zoning Commission member. Mr. Olson said the next Commission meeting will be August 8th, with the continued hearing for the video gaming establishment proposed on South 4th St. on the agenda as well as the continued hearing for the hotel from tonight. G. ADJOURNMENT Ms. Buckley motioned to adjourn, Mr. Castro seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 7:32pm. Respectfully Submitted, Linda Odom, Recording Secretary Minutes were approved by the Planning and Zoning Commission on August 22, 2018.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT August 17, 2018 TO: DeKalb Planning and Zoning Commission FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner RE: Variance – 145 Heritage Dr. - Fence (Scott and Lisa Schmittle) I. GENERAL INFORMATION A. Purpose Approval of a variance to Article 7.06 “Fences” of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot and approval of other such variations or relief as required to accommodate the proposed request on the subject property B. Location/Size 145 Heritage Dr./.23 acres C. Petitioner Scott and Lisa Schmittle D. Existing Zoning “SFR2” Single-Family Residential E. Existing Land Use Single-Family Home F. Surrounding Zoning and Land Use North: “SFR2” Cemetery South: “SFR2” Single-Family Residences East: “SFR2” Single-Family Residences West: “SFR2” Single-Family Residences G. Comprehensive Plan Designation Low Density Single Family Residential II. BACKGROUND AND ANALYSIS The applicant, Scott and Lisa Schmittle, are proposing to construct a six-foot high privacy fence (solid fence with no openings) on the northern portion of their lot at 145 Heritage Dr. The lot is at the southwest corner of Heritage Dr. and Fairview Dr. The fence will be a Hampton Sand color vinyl fence (see detail in packet) and proposed to run from the northwest corner of the house directly north to the property line along Fairview Dr. and then west to the northwest corner of the lot and connect to the existing fence on the lot to the west of the subject site (see attached survey showing fence location). The applicant is also proposing to place a fence along a portion of the south lot line in order to fully enclose the back yard. For corner lots with frontage on more than one street the regulations in the Unified Development Ordinance (UDO) do not allow privacy fences greater than three feet in height in the yard that fronts on the street. Therefore, the applicant is requesting approval of a variance to Article 7.06 of the UDO to allow for a six-foot high privacy fence in the yard that fronts along Fairview Drive. Page 2 of 5 The fence regulations in the UDO were amended in 2009 to clear up confusion regarding the allowable location for fences on corner lots and through lots. The previous regulations allowed privacy fences up to six feet in height in the yards abutting a street for corner lots if that yard did not serve as the access for the lot. The former regulations likely resulted in some six-foot-high privacy fences being constructed on corner lots in the yards abutting a street that partially blocked the views of the front of an adjacent home. The intent of the current regulations, in part, was to avoid six-foot high privacy fences in the front yards on corner lots where there is an adjacent front yard of a home. This situation could result in a partially blocked view of the front of the adjacent home. In this case, the yard facing Fairview Drive is adjacent to the rear yards of lots that back up to Fairview Drive with the front yards located on Cobblestone Ct. (see attached aerial images). There are no views of the front of homes that will be blocked and the proposed fence will be the same height and type (privacy) as the adjacent fences to the west. The lot size of 145 Heritage Drive is .23 acres and similar in size to other lots in the Heritage Ridge Phase I Subdivision that are not corner lots. Corner lots are typically larger than the other standard lots in a subdivision in order to accommodate the setbacks for the house and accessory uses (e.g. fences) and still leave a usable yard. The lot directly south (141 Heritage Dr.) of the subject site is .22 acres and the lot to the west of the subject lot (129 Cobblestone Ct.) is .25 acres. Attached are several images that show the existing fence line and views along Fairview Drive between Heritage Drive and S. 1st St. Also provided are images showing the yard of 145 Heritage looking to the west and south to adjacent lots. III. FINDINGS OF FACT FOR VARIATIONS The request has been reviewed using the criteria regarding variances 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 subject lot is a corner lot and the regulations in the UDO allow only for a three foot high privacy or a four foot high open fence in the yard adjoining Fairview Drive. If the applicant would construct the six-foot-high fence as required by the UDO, it would only extend from the NW corner of the house straight west to the rear lot line, which would reduce the usable backyard by about one-third. The reduced rear yard would be much smaller than other rear yards in the lots in the surrounding neighborhood. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. Page 3 of 5 The subject lot is .23 acres and has existed since 1990 when the subdivision plat for Heritage Ridge Phase I was recorded. The applicant purchased the lot in May of 2018. The existing conditions of the property and resulting variance request are not a result of the applicant, but rather due to the size, location and layout of the lot, which was established in 1990. The fence regulations in the UDO were amended in 2009 to clear up confusion regarding fences for corner lots and through lots. The previous regulations allowed privacy fences up to six feet in height in the yards abutting a street for corner lots if that yard did not serve as the access for the lot. The amendment to the fence regulation in 2009 has affected the area where a six-foot-high fence can be located on the subject lot, which was established in 1990. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The subject property is a corner lot which limits the area where a six-foot high privacy fence can be placed in the yard facing Fairview Dr. In this case, the yard facing Fairview Drive is adjacent to the rear yards of homes that back up to Fairview Drive with the front yards located on Cobblestone Ct. There are no views of the front of homes that will be blocked and the proposed fence will be the same height and type (privacy) as the adjacent fences to the west. In addition, the six-foot high privacy fence will help reduce noise from Fairview Drive, which is a major collector street. The lot size of 145 Heritage Drive is .23 acres and similar in size to other lots in the Heritage Ridge Phase I Subdivision that are not corner lots. Corner lots are typically larger than the other standard lots in a subdivision in order to accommodate the setbacks for the house and accessory uses (e.g. fences) and still leave a usable yard. The lot directly south (141 Heritage Dr.) of the subject site is .22 acres and the lot to the west of the subject lot (129 Cobblestone Ct.) is .25 acres. 4. The denial of the proposed variance will deprive the applicant of 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. If the applicant would construct the six-foot-high fence as required by the UDO, it would only be allowed to extend from the NW corner of the house straight west to the rear lot line, which would leave a smaller usable rear yard than several other lots in the neighborhood. 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 six-foot-high privacy fence will be the same height and material of the two existing privacy fences to the west along the rear yards of lots that backup to Fairview Drive (129 and 125 Cobblestone Ct.). The proposed fence will not alter the character and scale of the structures in the area in which the variance is being requested. Page 4 of 5 6. The proposed variation will not impair and adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. The proposed fence meets these standards. IV. RECOMMENDATION Sample Variation Motion: Based on the submitted petition, testimony presented and findings of fact, I move that the Planning and Zoning Commission approve a variance to Article 7.06 of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot for the property located at 145 Heritage Drive subject to fence location as shown on the survey dated 4-24-18 and received on 6-28-18 and constructed per the fence detail labeled as Exhibit A. Page 5 of 5 EXHIBIT A  City of DeKalb Variance Request (cont. Legal Description) June 14, 1990 in Book “U” of Plats, page 69 as of Document No. 90005292, in DeKalb County, Illinois. Reason for 6’ Privacy Fence Variance Request: Hardship 1) 6’x6’ Hampton Sand Color Vinyl fence for privacy, dog containment, and noise reduction a. Continuation of neighbors’ fence line 2) Reduction of backyard by 1/3 based on current Ordinance a. No backyard privacy especially for pool b. No dog containment c. No noise reduction (Fairview is a busy street) 3) The fence will not: a. The neighbor to the back of our property already has a 6’ privacy fence; the neighbor to the side of our property has a row of 10’ shrubs therefore will not impede light and air b. Line of site from intersection is unobstructed and will not cause congestion upon public streets c. Will not increase danger of fire or endanger public safety because it is consistent with fences in the neighborhood d. Will not diminish or impair property values because it is consistent with fences in the neighborhood e. Will not impair public health, safety, comfort, morals, and welfare of inhabitants of DeKalb because it is consistent with fences in the area 4) Denial will: a. Not provide privacy for pool, dog containment, or noise reduction b. We did not cause the exceptional condition because we recently purchased the house c. Reduce backyard by 1/3 and deprive privacy for pool; not consistent with neighbors in the neighborhood that have pools d. Not be consistent with neighborhood fence line currently in place LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Wednesday, August 22, 2018, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Scott and Lisa Schmittle, as Trustees of the Schmittle Family 2003 Trust Under Declaration of Trust Dated May 12, 2003 for a variance to Article 7.06 - Fences of the Unified Development Ordinance in order to allow for a six-foot high privacy fence in the front yard on a corner lot and approval of other such variations or relief as required to accommodate the proposed request on the subject property, which is zoned “SFR2” Single-Family Residential. The subject property is commonly described as 145 Heritage Drive, DeKalb, IL 60115 and has a Parcel Identification Number (PIN) of 08-34-133-013. 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 the proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. by Wednesday, August 15, 2018. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at http://www.cityofdekalb.com/1103/Public-Hearings Christina Doe, Chairperson DeKalb Planning and Zoning Commission LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Wednesday, August 22, 2018, at 6:00 p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Dave Franzene, owner and applicant, for approval of zoning map amendment from the “GC” General Commercial District to the “PD-C” Planned Development Commercial District for a .79 acre site located at 1786-1792 Sycamore Road. The petitioner is proposing the Planned Development zoning in order to accommodate a pawn shop, the continued use of a video gaming establishment and to allow other commercial uses in an existing 8,500 sq. ft. multi-tenant building located on the subject property. The subject property is commonly described as 1786-1792 Sycamore Road, DeKalb, IL and has Parcel Identification Number (PIN) of 08-13-151-041. 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 the proposal to the City of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois, 60115 by 5:00 p.m. on Wednesday, August 15, 2018. Additional information regarding the public hearing can be found on the City of DeKalb’s web page at http://www.cityofdekalb.com/1103/Public- Hearings. Further information is available from the Community Development Department by calling (815) 748-2361. Christina Doe, Chairman DeKalb Planning and Zoning Commission