Planning & Zoning Board

May 22, 2018 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the May 22, 2018 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: Nicole Aranas Bob Gudmundson Mark Plunkett Scott Weller Absent: Christopher Dabovich Cecilia Horejs Dan Wanzung City Staff Present: Tracy Jones, Staff Planner II. APPROVAL OF MINUTES - MAY 8, 2018 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. NEW BUSINESS ZA #18-07/ PUD AMENDMENT/ 104 AND 110 W. FARNHAM LANE/ POINTNER Pursuant to notice duly published on May 4, 2018 and letters mailed to neighboring property owners on May 2, 2018, Chair Weller called to order the May 22, 2018 public hearing requesting an amendment to Ordinance No. F-0688, “An Ordinance amending the Wheaton Zoning Ordinance map and granting a special use permit for a residential planned unit development on a certain piece of property commonly known as 104 West Farnham Lane/ Farnham Ridge P.U.D” to allow for separate driveways for two single-family condominium units commonly known as 104 and 110 W. Farnham Lane. Several letters of support from neighboring property owners on Farnham Lane were submitted for the record. Scott Pointner, 300 E. Roosevelt Road, Wheaton was sworn in. Mr. Pointner stated that he was the attorney representing the property owners, Michael and Kim Foltz at 104 W. Farnham Lane, Wheaton and James and Sharon Urban at 110 W. Farnham Lane, Wheaton. He added that since the PUD Amendment application was submitted, the single-family condominium unit located at 104 W. Farnham Lane had been sold to a new owner (Damon). Mr. Pointner stated that in the early 1980’s, the properties currently known as 104 W. Farnham Lane, 110 W. Farnham Lane and 1555 Wadsworth Road were one large single-family lot that was donated to Wheaton College upon the owner’s death. The new owner wanted to subdivide the property but there was neighbor opposition. The parties ended up with a compromise that was memorialized in the “1983 Plat”. The “1983 Plat” subdivided the property into the north lot (now commonly known as 104 and 110 W. Farnham Lane) and the south lot (commonly known as 1555 Wadsworth Road). The plat contains two restrictive covenants: 1) the north lot and the south lot were not able to be further subdivided; and 2) the south lot could not be used as access for any other lot.  Wheaton Planning and Zoning Board May 22, 2018 Page 2 of 2 Mr. Pointner stated that in the early 2000’s, the north lot was purchased by a developer who wanted to further subdivide it into two lots. The City would not allow the subdivision due to the first restrictive covenant prohibiting the property from being further subdivided. The developer then created a condominium plat which meant that the property was technically not subdivided but due to the property being subject to the Condominium Property Plat, two homes could be built (each as its own single-family condominium unit). The City ultimately approved the redevelopment of the north lot into two condominium units and included a new condition in City Ordinance No. F-0688 that there only be one curb cut on Farnham Lane for the two residences. Mr. Pointner stated that the current property owners of 104 W. Farnham Lane (Foltz/ Damon) and 110 W. Farnham Lane (Urban) desire to have two separate driveways. Foltz and Urban recently met with the two adjacent property owners, Coffey and Jenkins, who would have to agree to amend the restrictive covenant to allow the subject property to be subdivided. However, the parties were ultimately not able to come to terms. In lieu of being unable to subdivide the subject property, Foltz and Urban submitted a PUD Amendment request to allow for separate driveways for the two single-family home condominium units commonly known as 104 and 110 W. Farnham Lane. Preliminary driveway plans for have been submitted. Mr. Pointner addressed the special use standards as required by the Zoning Ordinance. He stated that the proposed special use would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Linda Jenkins, 1567 Wadsworth Road, Wheaton was sworn in. Ms. Jenkins stated that they were not able to come to terms on allowing the property to be subdivided. She added that the PUD Amendment request for two separate driveways was not discussed with them and she is opposed to it because it is not consistent with the intent of the “1983 Plat”. Ms. Jenkins submitted a letter of opposition for the record. Thomas Coffey, 1545 Wadsworth Road, Wheaton was sworn in. Mr. Coffey stated that they were not able to come to terms on allowing the property to be subdivided. He added that the PUD Amendment request for two separate driveways was not discussed with them and he is opposed to it because it is not consistent with the intent of the “1983 Plat”. Mr. Coffey submitted a letter of opposition for the record. Mr. Pointner stated that the request for two separate driveways was not discussed with Jenkins and Coffey because it was a condition of sale for the property at 104 W. Farnham Lane that came up after they met. The Board decided to continue discussion of this item until the Board next regular meeting when hopefully more Board members could be present. The Board also encouraged the applicant to continue discussions with Jenkins and Coffey to see if an agreement could be met prior to the next meeting. Ms. Aranas moved and then Mr. Gudmundson seconded the motion to continue discussion of this item until Tuesday, June 12, 2018. On a voice vote, all voted aye. V. MISCELLANEOUS There was none. VI. ADJOURNMENT Mr. Plunkett moved and then Mr. Gudmundson seconded the motion to adjourn the meeting at 7:57 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner