Planning & Zoning Board

February 28, 2017 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the February 28, 2017 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in the Council Chambers of the Wheaton City Hall, 303 W. Wesley Street. Upon roll call, the following were: Roll Call Vote Present: Ron Almiron Nicole Aranas Chris Derrick Mark Plunkett Dan Wanzung Scott Weller Absent: Bob Gudmundson City Staff Present: Tracy Jones, Staff Planner Jim Kozik, Director of Planning and Economic Development Paul Redman, Director of Engineering II. APPROVAL OF MINUTES - FEBRUARY 14, 2017 Mr. Almiron requested several changes to the minutes. The Board deferred approval of the minutes until the next meeting. III. PUBLIC COMMENT There was none. IV. OLD BUSINESS SA #17-04/ SUBDIVISION/ 1600 SOMERSET LANE/ PULTE HOME CORPORATION Chair Weller reconvened discussion of the item on Tuesday, February 28, 2017. He stated that staff had clarified the proposed density and the proposed school/ park donations in the memo dated February 23, 2017. Mr. Almiron noted the ambiguity between Articles III and XIV of the Zoning Ordinance, where 100% of the land use is proposed to be residential only. He opined that Article III calls for each I-1 zoning district to be “primarily” institutional or public building use. Chris Picone, 17W601 14th Street, Oak Brook Terrace addressed the Board. Mr. Picone stated that he worked for Picone Advisory Group and they had been working with the Sisters on marketing the property for over four years. He added that several developers had looked at the site but Pulte was the only one that thought it was a financially feasible project. Kay Foley, 1600 Somerset Lane, Wheaton addressed the Board. Sister Foley stated that she moved into the Convent in 1962. She stated that many of the existing buildings, including the Jarvis Hunt mansion, are in disrepair. She added that the sale of the property would fund a modest retirement for the remaining Sisters. Jean Follett, 629 E. Elm Street, Wheaton addressed the Board. Ms. Follett stated that she did not care whether the subdivision was approved or not but she was in favor of preserving the Jarvis Hunt mansion.  Wheaton Planning and Zoning Board February 28, 2017 Page - 2 - of 5 Eric Emmerick, 1845 Somerset Lane, Wheaton addressed the Board. Mr. Emmerick questioned whether the existing zoning of I-1 Institutional was correct for a development that was one hundred percent single-family homes. He added that he was concerned about the additional traffic that the subdivision would generate. Mr. Almiron observed the proposed density for the proposed project conflicts with Article III of the Zoning Ordinance. He said the city manager and city attorney told him that the City will address the ambiguities between Articles III and XIV of the Zoning Ordinance in the future. Mr. Almiron questioned how the applicant can embrace Article XIV, but ignore Article III, and concluded that to do so would lead to an inequitable result. Pete Casa, 1791 Somerset Lane, Wheaton addressed the Board. Mr. Casa questioned whether the existing zoning of I-1 Institutional was correct for a development that was one hundred percent single-family homes. Mr. Almiron responded that in response to the discrepencies between Articles III and XIV of the Zoning Ordinance, the question is the number of houses, and whether institutional or public building use on the subject property will still exist. Neal Shah, 36 Marywood Trail, Wheaton addressed the Board. Mr. Shah questioned the price range of the homes and what would happen if the lots don’t sell. He added that he was concerned about the additional traffic that the subdivision would generate and the safety of the neighbor children playing outside. Mr. Almiron observed that an objective in the Comprehensive Plan Update of 1999 as to residential land use would be to maintain stable property values. Rich Earley, 871 Deerpath Court, Wheaton addressed the Board. Mr. Earley stated that he was a resident of the Marywood Subdivision but that he also worked for a competitor of Pulte. He stated that his company had looked at developing the Convent property but that they could not get it to pencil out. He added the all the existing buildings, including the Jarvis Hunt mansion, are in disrepair. Charlie McKenna, 801 Deerpath Court, Wheaton addressed the Board. Mr. McKenna questioned whether the annexation agreement and amendments were still relevant. Director Kozik stated that the annexation agreement has now expired but the zoning for the Convent property remains I-1 Institutional District. Kathryn Casa, 1791 Somerset Lane, Wheaton addressed the Board. Ms. Casa questioned whether the proposed detention pond was adequate for the number of lots proposed on the property. Mr. Mahady encouraged everyone in attendance to contact the Wheaton Park District and encourage them to buy the property. Mr. Derrick questioned whether the Sisters had spoken with the Wheaton Park District about purchasing the property. Sister Foley stated that they had spoken with the Wheaton Park District in 2008 and again in 2013 and they were not interested in purchasing the property at the asking price. Tom De Witt, 1201 Eagle Court, Wheaton addressed the Board. Mr. De Witt stated that overall, he was supportive of the subdivision request. He added that he did have some concerns with the proposed detention pond and whether it was adequate for the number of lots proposed on the property. Mr. Hart stated that the asking price was too high initially for the Wheaton Park District to consider purchasing the property.  Wheaton Planning and Zoning Board February 28, 2017 Page - 3 - of 5 Ms. Flannery gave a power point presentation of the Loretto Convent property that included pictures of the Jarvis Hunt mansion. Mr. Rosanova gave a brief power point presentation to wrap-up his testimony. He showed some sample exterior elevations to the Board and stated that the home purchase prices would be in the $650,000 - $750,000 range, so no neighboring property values would be negatively impacted. He added that the subdivision request was fully code compliant and that the Marywood subdivision had multiple variations when it was approved. He added that his client was willing to donate the Jarvis Hunt mansion. Mr. Plunkett provided a closing statement in support of the application. Mr. Wanzung was not given an opportunity to ask questions of the applicant or provide a closing statement. Mr. Almiron did not have a opportunity to complete his cross-examination of the applicant. Further, he asked for but was not provided with an opportunity to provide a closing statement. Even though Mr. Almiron felt that he did not get adequate time to cross examine Mr. Rosanova, the majority of the Board felt that all their questions had been answered, and they decided to vote this evening. Chair Weller moved and then Mr. Plunkett seconded the motion to approve SA #17-04, subject to the following condition: 1. The landscape plan shall be revised to show only the minimum number of required trees to be planted in the city parkway - one per lot and two per corner lots. Roll Call Vote Ayes: Nicole Aranas Chris Derrick Mark Plunkett Scott Weller Nays: Ron Almiron Dan Wanzung Absent: Bob Gudmundson Motion Passed V. NEW BUSINESS ZA # 17-07/ FRONT YARD SETBACK VARIATION/ 1937 PADDOCK LANE/ TRAN CONSTRUCTION Pursuant to notice duly published on February 10, 2017 and letters mailed to neighboring property owners on February 8, 2017, Chair Weller called to order the February 28, 2017 public hearing requesting a variation to Article 9.2.5 of the Wheaton Zoning Ordinance to allow two small additions on the front of the existing home located at 1937 Paddock Lane with a front yard setback of 34.5 feet in lieu of the required 41.08 feet. Hoanh Tran, 420 Turf Lane, Wheaton was sworn in. Mr. Tran stated that he is the contractor working on the project. He stated that the applicant is requesting a front yard setback variation to allow the construction of two small additions on the front of the existing home with a front yard setback of 34.5 feet in lieu of the required 41.08 feet. The front yard setback of the adjacent residence to the west is 42.05 feet and the front yard setback of the adjacent residence to the east is 40.11 feet. These setbacks are averaged to determine the required front yard setback of 41.08 feet for the subject property.  Wheaton Planning and Zoning Board February 28, 2017 Page - 4 - of 5 Mr. Tran stated that the existing residence has a front yard setback of 40.5 feet. The first addition measures 16.0 feet wide by 3.0 feet deep and would accommodate an expanded sitting room which would provide a “bump- out” to break-up the front facade plane of the home. The second addition measures 11.5 feet wide by 6.0 feet deep and would accommodate a new foyer. Mr. Tran addressed the variation standards as required by the Zoning Ordinance. He stated that the proposed variation would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Staff Planner Jones stated that the proposed additions are part of a larger remodel/ expansion of the existing home; however, the rest of the expansion meets the City’s setback requirements. Mr. Almiron moved and then Ms. Aranas seconded the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Mr. Plunkett moved and then Mr. Wanzung seconded the motion to approve ZA #17-07 as presented. Roll Call Vote Ayes: Ron Almiron Nicole Aranas Chris Derrick Mark Plunkett Dan Wanzung Scott Weller Nays: None Absent: Bob Gudmundson Motion Passed Unanimously ZA # 17-08/ FRONT YARD SETBACK VARIATION/ 337 E. PRAIRIE AVENUE/ TRAN CONSTRUCTION Pursuant to notice duly published on February 10, 2017 and letters mailed to neighboring property owners on February 8, 2017, Chair Weller called to order the February 28, 2017 public hearing requesting a variation to Article 9.2.5 of the Wheaton Zoning Ordinance to allow a one-story sunroom addition on the rear of the existing home located at 337 E. Prairie Avenue with a front yard setback of 126.7 feet in lieu of the required 155.0 feet. Hoanh Tran, 420 Turf Lane, Wheaton was sworn in. Mr. Tran stated that he is the contractor working on the project. He stated that the applicant is requesting a front yard setback variation to allow the construction of a one-story sunroom addition with a front yard setback of 126.7 feet in lieu of the required 155.0 feet. The front yard setback of the adjacent residence to the west is 137.0 feet and the front yard setback of the adjacent residence to the east is 173.0 feet. These setbacks are averaged to determine the required front yard setback of 155.0 feet for the subject property. In this scenario, the averaging method creates a situation where the entire home is located forward of the required front yard setback. Mr. Tran stated that the existing residence has a front yard setback of 89.9 feet. The one-story sunroom addition would be on the rear of the existing home. The sunroom would be 14.0 feet wide by 17.5 feet deep and would exceed both the required side yard setback requirement of 10.0 feet and the required rear yard setback requirement of 25.0 feet.  Wheaton Planning and Zoning Board February 28, 2017 Page - 5 - of 5 Mr. Tran addressed the variation standards as required by the Zoning Ordinance. He stated that the proposed variation would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Staff Planner Jones stated that the existing home is considered legal non-conforming based on the current front yard setback requirement, so any addition to the existing home requires a front yard setback variation. Mr. Derrick moved and then Mr. Wanzung seconded the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Mr. Wanzung moved and then Mr. Plunkett seconded the motion to approve ZA #17-08 as presented. Roll Call Vote Ayes: Ron Almiron Nicole Aranas Chris Derrick Mark Plunkett Dan Wanzung Scott Weller Nays: None Absent: Bob Gudmundson Motion Passed Unanimously VI. MISCELLANEOUS There was none. VII. ADJOURNMENT Mr. Derrick moved and then Mr. Plunkett seconded the motion to adjourn the meeting at 9:30 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner