Planning & Zoning Board

September 27, 2022 Wheaton Planning and Zoning Board I. Call To Order and Roll Call Vote Chair Aranas called the Tuesday, September 27, 2022 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in-person and via zoom. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Chris Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Absent: Chris Derrick City Staff Present: Tracy Jones, Staff Planner Joe Tebrugge, Director of Engineering II. Approval of Minutes - September 13, 2022 The minutes were approved as presented. III. Public Comment There was none. IV. New Business ZA #22-24/ Variations/ 1300 Aurora Way/ Tenerelli Pursuant to notice duly published on September 9, 2022 and letters mailed to neighboring property owners on September 7, 2022, Chair Aranas called to order the September 27, 2022 public hearing requesting a variations to Article 10.2.5 of the Wheaton Zoning Ordinance to allow the construction and use of a new single-family residence with a front yard setback (east property line) of 33.52 feet in lieu of the required 45.0 feet, a corner side yard setback (south property line) of 58.04 feet in lieu of the required 60.59 feet, and a rear yard setback (west property line) of 10.29 feet in lieu of the required 25.0 feet. The application is further requesting a variation to Article 10.2.5 of the Wheaton Zoning Ordinance to allow the construction and use of a paver patio with a front yard setback (east property line) of 28.0 feet in lieu of the required 45.0 feet. The application is further requesting a variation to Article 10.2.5 and Article 24.5.8 of the Wheaton Zoning Ordinance to allow the construction and use of a pool with a front yard setback (east property line) of 24.0 feet in lieu of the required 45.0 feet and a rear yard setback (west property line) of 8.95 feet in lieu of the required 10.0 feet, all on property commonly known as 1300 Aurora Way. John Keating, 1518 Castlewood Drive, Wheaton was sworn in. Mr. Keating stated that he was the architect representing the applicant, Mike Tenerelli, at the public hearing. Mr. Keating stated that the applicant is requesting variations to Article 10.2.5 of the Wheaton Zoning Ordinance to allow the construction and use of a new single-family residence with a front yard setback (east property line) of 33.52 feet in lieu of the required 45.0 feet, a corner side yard setback (south property line) of 58.04 feet in lieu of the required 60.59 feet, and a rear yard setback (west property line) of 10.29 feet in lieu of the required 25.0 feet. The application is further requesting a variation to Article 10.2.5 of the Wheaton Zoning Ordinance to allow the construction and use of a paver patio with a front yard setback (east property line) of 28.0 feet in lieu of the required 45.0 feet. The application is further requesting a variation to Article 10.2.5 and Article 24.5.8 of the  Wheaton Planning and Zoning Board September 27, 2022 Page 2 of 13 Wheaton Zoning Ordinance to allow the construction and use of a pool with a front yard setback (east property line) of 24.0 feet in lieu of the required 45.0 feet and a rear yard setback (west property line) of 8.95 feet in lieu of the required 10.0 feet, all on property commonly known as 1300 Aurora Way. Mr. Keating stated that the subject property is 21,404 square feet, which is large by Wheaton standards. However, the building envelope for the property is quite small at only 4,387 square feet, or 20% of the lot, after the required setbacks are factored in. He stated that the applicant is proposing to construct a 3,100 square foot single-family residence with three bedrooms, 2.5 bathrooms, and a three car attached garage. A ranch style residence was selected to fit the neighborhood, and to minimize the visual obstructions at the corner of Sunset Road and Aurora Way. Additionally, he added that the applicant prefers a ranch style residence so they can “age in place”. Staff Planner Jones stated that on corner lots, the front yard is defined as the yard with the shortest street frontage. The required front yard setback requirement (east property line) of 45.0 feet is solely based on the setback of the adjacent residence to the north. The required corner side yard setback requirement (south property line) of 60.59 feet is based on the average of the standard requirement of 20.0 feet and the setback of the adjacent residence to the west of 101.18 feet ((20.0 + 101.18)/ 2 = 60.59 feet). Staff Planner stated that the floor area ratio (i.e., living square footage to lot square footage) limit for the property is 8,561 square feet and the lot coverage (i.e., roofed structure) limit for the property is 7,127 square feet. Mr. Keating addressed the ten variation questions 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. Neely Fisher, 1314 Aurora Way, Wheaton was sworn in. Ms. Fischer stated that she owned the adjacent property to the west. She stated that she was concerned about the proximity of the new house to the west property line, the lack of privacy, and drainage. She requested that a landscape buffer be installed along the west property line. Staff Planner Jones stated that the maximum building height in the R-3 District is 35.0 feet. However, she added that the proposed house appears much shorter than 35.0 feet. Mr. Keating stated that the proposed single-family house would be approximately 24.0 feet in height from average grade to the highest point of the roof. Geoffrey Allen, 1230 Sunset Road, Wheaton was sworn in. Mr. Allen stated that he owned the adjacent property to the north. He stated that he was concerned about the proximity of the proposed pool and hot tub to the north property line. He requested that a landscape buffer be installed along the north property line. The Board discussed the variation request and determined that it would be very difficult, if not impossible, to build a new single-family residence on this lot without multiple setback variations. The Board assumed that the contract purchaser would want to install their own landscaping and privacy fencing along the west and north property lines to provide privacy for themselves, so they did not include a landscaping buffer as a condition. Mr. Plunkett moved and then Mr. Gudmundson seconded the motion to close the public hearing. On a voice vote, all voted aye. Mr. Wanzung moved and then Mr. Plunkett seconded the motion to waive their regular rules and vote tonight. On a voice vote, all voted aye. Ms. Horejs moved and then Mr. Dabovich seconded the motion to approve ZA #22-24, subject to the condition that the preliminary engineering plan shall be subject to further staff review prior to the issuance of a site development permit.  Wheaton Planning and Zoning Board September 27, 2022 Page 3 of 13 Roll Call Vote Ayes: Nicole Aranas Chris Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Nays: None Absent: Chris Derrick Motion Passed Unanimously ZA #22-25/ Text Amendment/ Provisions Relating to Various Boards, Commissions, and Committees/ Article 5.2 and 5.9 Pursuant to notice duly published on September 9, 2022 and letters mailed to neighboring property owners on September 7, 2022, Chair Aranas called to order the September 27, 2022 public hearing requesting a proposed text amendment, initiated at the request of City Staff, to the text of Article 5 of the Wheaton Zoning Ordinance pertaining to the existing provisions for all Boards, Commissions, and Committees. Staff Planner Jones stated that in August 2022, the City Council completed a review of the City’s existing provisions for all Boards, Commissions, and Committees. Based on this review, the City Council approved changes to Article 5 of the Wheaton City Code. City Staff is now proposing a text amendment to the Wheaton Zoning Ordinance to ensure consistency between the Wheaton Zoning Ordinance provisions and the Wheaton City Code provisions that were recently amended by City Ordinance O-2022-34. In April 2022, the Planning and Zoning Board provided initial feedback on this matter to the City Council. Staff Planner Jones stated that the intent of the proposed text amendment is to ensure consistency between the Wheaton Zoning Ordinance provisions and the Wheaton City Code provisions. The proposed text amendment considers deleting Article 5.2 - The Planning and Zoning Board and Article 5.9 - Appeals in their entirety and replacing them with the following language. Specifically, staff is proposing to add the wording shown in red font and omit the wording shown in strikethrough font; the rest of the wording is existing text: “5.2 The Planning and Zoning Board A. Membership. Board. The term "Board" when used in this chapter shall mean the Planning and Zoning Board. The Board shall consist of seven members appointed by the City Council. One of the members of said Board shall be designated by the City Council as Chairman of said Board at the time of his/her appointment and shall hold his said office as Chairman until a successor is appointed. The City Council shall have the power to remove any member of said Board for cause and after a public hearing. Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. The members shall serve without compensation. Members shall serve for a term of five years. B. Jurisdiction. The Board is hereby vested with the following jurisdiction and authority: 1. To hear and decide appeals from any order, requirement, decision, or determination by the Director of Planning & Economic Development.  Wheaton Planning and Zoning Board September 27, 2022 Page 4 of 13 2. To conduct hearings and make recommendations regarding applications for variations from the regulations of this chapter in the manner and subject to the standards set out herein. 3. To conduct hearings and make recommendations respecting proposed amendments or other zoning matters that may be referred to it by the City Council; and 4. To perform such other functions as may be assigned to it by the City Council, or upon which it is required to act under this chapter. C. Meetings and Rules. All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. No meeting shall be held or official action taken unless a quorum is present. A quorum shall consist of four members of the Board. All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The Chairman, or in his the Chair’s absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. A copy of every rule, regulation, recommendation, order requirement, decision, or determination of the Board shall be filed immediately with the Director of Planning & Economic Development and shall be a public record. The Board may adopt its own rules of procedure not in conflict with this chapter or with the applicable Illinois statutes. The rules of procedure and/or any amendments thereto shall be approved by the City Council. D. Finality of Decision of the Planning and Zoning Board. All final decisions of the Board, as they relate to an application for an appeal, shall be the final administrative determinations subject to judicial review as provided by law. 5.9 Appeals A. Scope of Appeal. An appeal may be taken to the Board by any person, firm or corporation, or by an officer, department, board or bureau aggrieved by a decision of the Director of Planning & Economic Development under this chapter. The application for appeal shall be filed with the Board and shall be taken within such time as shall be prescribed by the Board by rule. An appeal shall be considered only if a dated, written request for appeal is filed within sixty (60) days after the date of the final order, requirement, decision or determination of the Director of Planning and Economic Development under the Zoning Ordinance. The written request shall be filed with the Director of Planning and Economic Development and a copy simultaneously filed with the Board Chairperson. A notice of appeal specifying the grounds thereof shall be filed with the Director of Planning & Economic Development. The Director of Planning & Economic Development shall then forward to the Board any and all records relating to the action from which the appeal is taken. B. Findings on Appeals. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Planning & Economic Development certifies to the Board, after the notice of appeal has been filed with him the Director, that by reason of facts stated in the certificate a stay would, in his the Director’s opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court record on application, and notice to the Director of Planning & Economic Development, and on due cause shown. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the applicant and all interested parties and shall render a written decision on the appeal without unreasonable delay. The Board may affirm or may, upon the concurring vote of four members, reverse, wholly or in part, or modify, the order, requirement, decision, or determination, as in its opinion ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken.” The Board discussed the text amendment request and determined that they did not have any additional changes.  Wheaton Planning and Zoning Board September 27, 2022 Page 5 of 13 Mr. Wanzung moved and then Mr. Gudmundson seconded the motion to close the public hearing. On a voice vote, all voted aye. Mr. Gudmundson moved and then Mr. Wanzung seconded the motion to waive their regular rules and vote tonight. On a voice vote, all voted aye. Mr. Dabovich moved and then Mr. Gudmundson seconded the motion to approve ZA #22-24 as presented. Roll Call Vote Ayes: Nicole Aranas Chris Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Nays: None Absent: Chris Derrick Motion Passed Unanimously ZA #22-26/ Text Amendment/ Rules and Procedures Chair Aranas called to order the September 27, 2022 discussion requesting a proposed text amendment, initiated at the request of City Staff, to the text of the Planning and Zoning Board’s Rules of Procedures to ensure consistency between the Rules of Procedure and the Wheaton City Code provisions. Staff Planner Jones stated that in August 2022, the City Council completed a review of the City’s existing provisions for all Boards, Commissions, and Committees. Based on this review, the City Council approved changes to Article 5 of the Wheaton City Code. City Staff is now proposing a text amendment to the Planning and Zoning Board’s Rules of Procedures to ensure consistency between the Rules of Procedure and the Wheaton City Code provisions that were recently amended by City Ordinance O-2022-34. While changes to the Rules of Procedure do not require a public hearing, these changes must be approved by the City Council. The Rules of Procedure haven’t been updated since 2007. In April 2022, the Planning and Zoning Board provided initial feedback on this matter to the City Council. Staff Planner Jones states that the intent of the proposed text amendment is to ensure consistency between the Planning and Zoning Board’s Rules of Procedure and the Wheaton City Code provisions. The proposed text amendment considers various updates through the entire document. Specifically, staff is proposing to add the wording shown in red font and omit the wording shown in strikethrough font; the rest of the wording is existing text. “ARTICLE I GENERAL PROVISIONS Section 1. These rules are formulated and adopted in conjunction with and as supplementary to the provisions of the applicable Illinois Statutes and the Zoning Ordinance of the City of Wheaton, Illinois, as those provisions relate to procedures of the Planning and Zoning Board, herein called Board. Section 2. Any Board member who has a financial interest in the property or affairs of the applicant or appealing party or has some other direct conflict of interest in any matter before the Board shall not participate in the  Wheaton Planning and Zoning Board September 27, 2022 Page 6 of 13 hearing, discussion, or vote thereon, and may not be counted as a member present for a quorum. A Board member is presumed to have a direct conflict of interest if the member he/she has a financial interest in or lives upon a property that abuts or adjoins at any point the subject property in a zoning hearing, or that would do so in the absence of any City street, alley or right-of-way. No other conflict of interest is presumed based on a Board member’s ownership or residence, but any Board member may recuse themself him/herself if that Board member believes they have he/she has any direct conflict of interest. However, a recused Board member may participate in a zoning hearing case to the same extent as any other citizen or member of the public. Section 3. Nothing herein shall be construed to give or grant to the Board the power or authority to amend the Zoning Ordinance, either its text or the zoning map, or sections 2-336 or 2-337 of the Wheaton City Code relating to the Board, such power and authority to amend being reserved to the City Council of the City of Wheaton. Section 4. The address of the Board shall be the City Hall of the City of Wheaton, Illinois. Section 5. The Board shall hold its hearings in the City Hall in Wheaton, Illinois, unless the Board directs that a particular hearing or hearings be held elsewhere. Section 6. Discussion of the merits of any pending zoning hearing case with any other Board member, except by sworn testimony at a public hearing, is improper, and may be considered prejudicial to that case. Section 7. The Board shall not commence either any new matter or taking the testimony of a new witness in any matter past 11:00 p.m. The Board may waive this rule upon a majority vote of those members present. Section 8. The rules contained in the most recent edition of Robert’s Rules of Order, shall govern the Board in all instances in which they are applicable but only to the extent they are not inconsistent with these Rules of Procedure, all applicable statues and ordinances, and any special rules of order the Board may adopt from time to time. ARTICLE II OFFICERS AND DUTIES Section 1. The officers of the Board shall be a Chairperson and a Secretary. Section 2. The Chairperson shall be designated by the Wheaton City Council. Whenever the Chairperson is absent, an Acting Chairperson designated by the Chairperson shall preside. In the event of death, removal for cause, resignation, or inability of the Chairperson to serve, a successor shall be named by the Wheaton City Council. Section 2. The Chairperson shall supervise the affairs of the Board. He/she The Chair shall preside at all hearings or meetings of the Board, shall appoint such committees as may be necessary to carry out the purposes of the Board, and shall provide for oaths to be administered to all witnesses in cases before the Board. The Chairperson shall be an ex-officio member of all committees. Section 3. In case of the absence or disability of the Chairperson, the Acting Chairperson shall perform all duties and exercise all of the powers of the Chairperson. Section 4. The Director of Planning and Economic Development or his/her designee shall serve as Secretary to the Board. In the case of the absence or temporary disability of the Secretary, the Board or Secretary may name an Acting Secretary to carry out the functions of the Secretary’s office until the Secretary returns to his or her post or until a successor is appointed.  Wheaton Planning and Zoning Board September 27, 2022 Page 7 of 13 Section 5. The Secretary shall record and maintain permanent minutes of the Board’s proceedings, showing the vote of every member upon every Board decision, or indicating the fact of any member’s absence or failure to vote; shall keep a record of the Board’s official actions; shall summarize accurately the testimony of those appearing before the Board; shall, subject to the instructions of the Board and the Chairperson, conduct the correspondence of the Board and provide and have published notices of public hearings as required by law and these rules of procedure; and shall be custodian of all minutes and records of the Board. ARTICLE III MEETINGS Section 1. Regular meetings shall be held on the second and fourth Tuesday of each month at 7:00 P.M. Section 2. Regular meetings may be cancelled by the Chairperson when there are no cases zoning hearings pending, in which event notification of said cancellation shall be given to members of the Board. Section 3. The Board may hold special meetings on call of the Chairperson or at the written request of four members of the Board, provided at least 48 hours notice of any such meeting is given by mail or telephone to each member. Section 4. All meetings of the Board shall be open to the public and subject to the Illinois Open Meetings Act, 5 ILCS 120, and no official action shall be taken except at such a public meeting. If the Board holds any closed meetings pursuant to the Open Meetings Act, the Board shall cause a recording of all closed sessions to be made in conformance with such Act. Section 5. No meeting shall be held or official action taken unless a quorum is present. A quorum shall consist of four members of the Board. ARTICLE IV ORDER OF BUSINESS Section 1. The order of business of the Board shall be as follows, however, the Chairman, with the consent of the Board, shall be allowed to alter the order of business if deemed necessary: (a) Roll call and declaration of quorum. (b) Approval of minutes of previous meeting. (c) Citizen Comment (d) Call of cases on agenda. (e) Hearing of: i. Continued cases, ii. Applications for amendments, iii. Applications for planned unit developments, iv. Applications for special use permits, v. Applications for variations, vi. Appeals, vii. Other zoning matters. (f) Miscellaneous business. (g) Adjournment. ARTICLE V  Wheaton Planning and Zoning Board September 27, 2022 Page 8 of 13 PROCEDURE FOR AMENDMENT Section 1. Any person having a proprietary interest in property and who proposes to use said property for other than what is permitted under the existing zoning may, in accordance with the provisions of the applicable Illinois Statutes and the Wheaton Zoning Ordinance, file an application to amend the Zoning Ordinance to change the zoning of said property. Section 2. After submission of the completed application forms and fees, the application shall be numbered and placed on the calendar by the Secretary. Legal notice of the public hearing shall be made as required by Section 5.8 of the Zoning Ordinance. Section 3. In addition to any other information given, applicants should be prepared to show how the requested amendment will (a) serve the general welfare of the citizens of Wheaton; (b) be in harmony with the Comprehensive Plan of the City of Wheaton, and (c) result in the highest and best use of the subject property. ARTICLE VI PROCEDURES FOR SPECIAL USE PERMITS AND PLANNED UNIT DEVELOPMENTS Applications for special use permits and planned unit developments shall be heard in the same manner as amendments, and shall be processed in accordance with the provisions of Section 5.10 and 5.11 of the Zoning Ordinance, respectively. ARTICLE VII PROCEDURE FOR VARIATIONS Section 1. Any person having a proprietary interest in property, the proposed use of which is affected by the Zoning Ordinance, may, in accordance with the provisions of the applicable Illinois Statutes and the Zoning Ordinance, file an application for variation. Section 2. After submission of the completed application forms and fees, the application shall be numbered and placed on the calendar by the Secretary. Legal notice of the public hearing shall be made as required by Section 5.8 of the Zoning Ordinance. Section 3. It shall be a condition precedent to the Board’s recommendation to grant a variation that the completed application satisfy the standards applicable to granting variations as contained in Section 5.7B of the Zoning Ordinance. ARTICLE VIII PROCEDURE FOR APPEALS Section 1. An appeal may be taken to the Board by any person aggrieved, or by any officer, department, board or bureau head of the City, from any order, requirement, decision or determination of the Director of Planning and Economic Development under the Zoning Ordinance of the City of Wheaton, Illinois. Section 2. An appeal shall be considered only if a dated, written request for appeal is filed within sixty (60) days after the date of the final order, requirement, decision or determination of the Director of Planning and Economic Development under the Zoning Ordinance of the City of Wheaton, Illinois. The written request shall be filed with the Director of Planning and Economic Development and a copy simultaneously filed with the Board Chairperson.  Wheaton Planning and Zoning Board September 27, 2022 Page 9 of 13 Section 3. Upon receiving the written request for appeal, the Director of Planning and Economic Development shall promptly transmit to the Board Chairperson all papers constituting the record upon which the action appealed from was taken. Section 4. Upon receipt of the properly filed appeal request with the specified fee, the Director of Planning and Economic Development shall assign a case number and place it on the calendar of the Board for hearing at the next regularly scheduled meeting. Requests for appeals shall be assigned for hearing in the order in which they are received. Said request may be filed with an accompanying application for variation. Section 5. Filing of the appeal request with the Director of Planning and Economic Development and the Board shall stall all proceedings in furtherance of the action appealed from, unless the Director of Planning and Economic Development certifies to the Board that, by reason of the facts stated in the appeal request, a stay would, in his/her opinion, cause imminent peril to life or property. In the event of such certification, proceedings cannot be stayed other than by a restraining order granted by the Board or by a court of record on request, and on notice to the Director of Planning and Economic Development with due cause shown. ARTICLE IX NOTICES FOR HEARINGS Section 1. In the case of appeals, not less than five days written notice of the time and place of hearing shall be given the applicant, the Director of Planning and Economic Development and any other person who the record indicates may have a proprietary interest in the matter. Section 2. In the case of applications for variations, amendments, planned unit developments and special use permits, legal notice shall be given in accordance with Section 5.8 of the Zoning Ordinance. ARTICLE V PROCEDURE FOR HEARINGS Section 1. At the time of the hearing, the applicant and any other person may appear and participate in his/her on their own behalf or be represented by an attorney or other representative. Each person participating shall identify him/herself themselves and address for the record, and the person(s) whom they represent, at the beginning of his/her their testimony. The City shall be considered a party in every proceeding, and need not appear. Section 2. The Board shall provide for a verbatim transcript of the proceedings, including the Board’s deliberations, by a court reporter. The transcript for each hearing shall be made a part of the pertinent case file. Matters other than hearings and portions of meetings pertaining to cases on the Board’s calendar do not require a verbatim transcript, but shall be recorded or summarized in minutes taken by the Secretary. Section 3. All witnesses shall testify under oath. Section 4. The hearing shall proceed in the following order: (a) The Chairperson shall state the nature of the case and relief sought. (b) Proof of lawful notice shall be introduced into the record. (c) Identification of applicant and objectors or other interested parties. (d) Applicant and/or his/her their representatives shall be sworn in and may make a brief opening statement.  Wheaton Planning and Zoning Board September 27, 2022 Page 10 of 13 (e) The applicant presents witnesses and other evidence. (f) Board cross-examines applicant’s witnesses and other evidence. (g) Objectors and other interested parties cross-examine applicant’s witnesses and other evidence. (h) Objectors and other interested parties present witnesses and other evidence. (i) Board cross-examines witnesses and other evidence of objectors and other interested parties. (j) Applicant cross-examines witnesses and other evidence of objectors and other interested parties. (k) Rebuttal by applicant as to new matter presented by objectors. (l) Evidence by additional witnesses called by the Board. (m) Concluding statement of applicant. (n) Concluding statement of objectors and other interested parties. (o) Rebuttal statement by applicant, if requested. Section 5. Zoning Hhearings will normally be held on the second and fourth Tuesday of the month. Section 6. Upon request by the Chairperson or motion of the Board, a person intending to testify on behalf of another person, a group or an organization may be required to submit written authorization of such person, group or organization prior to testifying. Section 7. The Board shall not be bound by the strict rules of evidence, but may exclude irrelevant, immaterial or unduly repetitious testimony. The Chairperson shall rule on all questions relating to the admissibility of evidence, which ruling may be overruled by a majority of the Board members present. The Chairperson may impose reasonable, fair and equally administered limitations on testimony or other evidence presented any party, such as time limits and exclusion of irrelevant, immaterial or repetitious testimony in order to reasonably accommodate all parties. The Chairperson may also impose reasonable conditions on the hearing process based on: (a) the complexity of the issues; (b) the special expertise of any witness; (c) whether the testimony reflects a matter of taste or personal opinion, or concerns a disputed issue of fact or law; (d) the standards or factors to be considered in making a decision or recommendation; and (e) such other factors appropriate for the particular hearing. The Chairperson shall take such actions as may be required to maintain an orderly and civil hearing, which actions may be overruled by a majority of the Board members present. Section 8. Once the public hearing is closed, new evidence may not be offered unless the Board reopens the hearing by a majority vote of the members present. Following the close of the public hearing, either at the same meeting or its next meeting, the Board will conduct its deliberation and make its decision or recommendation in accordance with Article XIII. ARTICLE XI VI CONTINUANCES Section 1. Continuances may be granted at the discretion of the Board and only upon good cause shown. ARTICLE XII VII FAILURE OF APPLICANT TO APPEAR Section 1. Whenever an applicant or his/her their representative fails to appear, the Chairperson may entertain a motion from the Board to continue the hearing to the next meeting of the Board. Should the applicant  Wheaton Planning and Zoning Board September 27, 2022 Page 11 of 13 fail to appear or fail otherwise to request a continuance a second time for good cause shown, the Chairperson shall entertain a motion from the Board to dismiss the case for want of prosecution. Section 2. In cases which are dismissed, the applicant shall be furnished written notice by the Secretary of the Board. Dismissal shall not of itself bar the filing of a new application for appeal or variation. ARTICLE XIII VIII DECISIONS AND RECOMMENDATIONS Section 1. The Board shall conduct its deliberations and make all motions, votes, decisions or recommendations in a public session, except as permitted in closed sessions concerning matters of pending litigation as may be permitted by the Illinois Open Meetings Act. The Board will ordinarily vote on any matter for which a public hearing transcript will be prepared at its next regular meeting following the public hearing, but it may continue the hearing if deemed necessary and will then ordinarily vote on the matter at the meeting during which the hearing is concluded. It shall be the Board’s discretion, on a unanimous voice vote, to discuss the merits of the application and vote on the application at the same meeting during which the public hearing is concluded. The Board will ordinarily vote on any matter for which a public hearing transcript is not required at the same meeting during which the public hearing is held, but it may continue the hearing or vote if deemed necessary by any Board member. Section 2. Final disposition of any appeal shall be in the form of a resolution affirming, modifying or revising the order, requirement, decision or other determination of the Director of Planning and Economic Development. Section 3. Final disposition of any application for variation shall be in the form of a written report to the City Council. The report shall include the Board’s findings of fact as required by Section 5.7 of the Zoning Ordinance, including any conditions of approval that the Board might deem advisable, either directly or by reference to and concurrence with written materials attached to the report. Section 4. Final disposition by the Board on applications for amendment, planned unit development or special use permit shall be in the form of a written report and recommendation to the City Council and shall include the Board’s findings of fact, including any conditions of approval that the Board might deem advisable. Section 5. Members of the Board absent and not hearing all the evidence as to a particular matter shall not be eligible to vote thereon unless they have read the transcript of the particular matter. The concurring vote of four the majority of those members present shall be necessary for any decision or recommendation in favor of an application for an appeal, variation, special use permit, amendment, planned unit development, or any amendments thereto. If the motion fails to receive four the majority vote of those members present in favor of the application, the motion shall be considered defeated. However, if the votes of absent but eligible members, when added to the number voting in favor of the application, would total four or more, the Board shall: 1) inform the applicant that a continuance may be requested, and 2) continue the voting on the matter to the next regular meeting, if such continuation is requested by the applicant or any Board member. ARTICLE XIV IX RECORDS Section 1. A file of materials and decisions relating to each case shall be kept in the office of the Director of Planning and Economic Development by the Secretary as a part of the public records of the Board.  Wheaton Planning and Zoning Board September 27, 2022 Page 12 of 13 Section 2. All records of the Board pertaining to applications for appeals or variations shall be public record. ARTICLE XV AMENDMENTS Section 1. These rules of procedure may be amended by the affirmative vote of at least four members of the Board. Section 2. Any proposed amendment must be presented in writing at a regular or special meeting preceding the meeting at which the vote on the amendment is taken. The foregoing rules and regulations are hereby adopted by the Planning and Zoning Board of the City of Wheaton on . --AMENDMENTS-- ADOPTED ARTICLE REVISION 01/23/2007 Article 3.1 Revise meeting time to 7:00 p.m.” The Board discussed the text amendment request and determined that they did not have any additional changes. Mr. Gudmundson moved and then Mr. Wanzung seconded the motion to approve ZA #22-24 as presented. Roll Call Vote Ayes: Nicole Aranas Chris Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Nays: None Absent: Chris Derrick Motion Passed Unanimously V. Miscellaneous There was none. VI. Adjournment  Wheaton Planning and Zoning Board September 27, 2022 Page 13 of 13 Mr. Plunkett moved and then Mr. Dabovich seconded the motion to adjourn the meeting at 7:49 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, AICP Staff Planner