East Central Reporter

Village of Montgomery Planning and Zoning Commission met Nov. 2.

Here are the minutes provided by the commission:

I. Call to Order- Chairman Hammond called the meeting to order at 7:00 pm.

II. Pledge of Allegiance- All present gave the Pledge of Allegiance.

III. Roll Call

Absent: None

Present: Marion Bond, Tom Yakaitis, Joe Yen, Mike Hammond, Ben Brzoska, Mildred McNeal-James, Patrick Kelsey

Also present: Village Attorney Laura Julien, Community Development Director Sonya Abt, Senior Planner Tony Farruggia, Secretary Jill Hoover, Trustee Dan Gier, and members of the audience.

IV. Approval of the Minutes of the Planning and Zoning Commission Meeting of October 5, 2023. Motion: Motion was made by Commissioner McNeal-James to approve the minutes of the Planning and Zoning Commission Meeting of September 7, 2023.

Commissioner Brzoska seconded the motion.

Ayes: Brzoska, Yen, Bond, Hammond, Yakaitis, McNeal-James.

Nays: None

Abstain: Kelsey

Motion carried.

V. Public Comment Period.

Chairman Hammond opened the public comment period. No one asked to speak, so Chairman Hammond closed the public comment period.

VI. Items for Planning and Zoning Commission Action

a. PZC 2023-015 Variance (Lisa Berenyi – 1330 Hinckley).

i. Public Hearing and Consideration of a Variance from Section 9.03.C.6 (Cabana, Gazebo, or Pergola) to allow a Gazebo (Carport) in the front yard.

Chairman Hammond asked staff to present petition 2023-015.

Senior Planner Farruggia explained that the petitioner is asking for a carport in her front yard. Carport is not a term defined in the UDO but does appear to meet the definition of Gazebo. This is something staff is looking to address in the next text amendment.

He went on to say that the petitioner wants the carport so that she can live and age in place, because due to her age and medical condition it is difficult to remove snow from her vehicle during the winter. The carport cannot be located in the rear yard because there is inadequate room in the side yard for a paved driveway. Trailers are being stored in the rear yard, but this is only possible because the neighbor’s fence is located off the property line.

The carport would be approximately 20 feet long and would be setback at most 8 feet from the front lot line.

Lisa Berenyi, the petitioner, was sworn in. She said that she needed the shelter because it is difficult to access her vehicle when it snows and because her neighbor’s oak tree overshadows her driveway and the Carport would protect her vehicle from falling acorns.

Chairman Hammond asked where the Carport would be located on the driveway and whether the home was single-family.

Senior Planner Farruggia explained that it would be located in the northernmost space.

Ms. Berenyi explained that the home is a duplex.

Senior Planner Farruggia clarified that the variance would grant approval for one Carport.

Chairman Hammond asked Ms. Berenyi, who confirmed that no Carport was being requested for her tenants.

Chairman Hammond expressed concern about setting a precedent for Carports in front yards and asked if anything similar existed in the Village.

Director Abt replied that there was no perfectly analogous use, but that the unique layout of the lot is why the petition meets the requirements for a variance.

Commissioner Kelsey asked if the variance could be sunsetted or otherwise expire if the property is sold.

Director Abt confirmed that the conditions of the variance could be written for it to do so.

Chairman Hammond reiterated his concern about setting precedent, but acknowledged that he could understand the use for this specific site.

Senior Planner Farruggia said that staff would work with the Village Board on the text amendment to determine whether Carports should be allowed and in what locations.

Attorney Julien stated that the granting of the variance would be due to the unique characteristics of this property and other properties would similarly have to meet those standards if requesting a similar variance.

Commissioner Yakaitis concurred with Attorney Julien.

Chairman Hammond read the findings of fact.

1. The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.

Petitioner: It is the Petitioner’s opinion that the proposed variations will not endanger the health, safety, comfort, convenience, and general welfare of the public.

Staff Comments: Staff concurs with the Petitioner that the variations will not endanger the health, safety, comfort, convenience, and general welfare of the public.

2. The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation.

Petitioner: Yes, the structure will match the house and won’t be in direct view of the neighbors.

Staff Comments: The structure is unlike others in the neighborhood, and will be closer to the right-of-way than other structures on Hinckley St.

3. The proposed variation alleviates an undue hardship created by the literal enforcement of this Ordinance.

Petitioner: Due to age and medical conditions I am unable to safely access my vehicle when it has snowed.

Staff Comments: The proposed variation would allow the petitioner to remain in her home and continue to age in place.

4. The proposed variation is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.

Petitioner: The house is too close to the lot lines to put the shelter in the rear yard.

Staff Comments: While the location of the northern neighbor’s fence allows navigation around to the rear yard, the lot lines prevent the petitioner from paving an adequately wide driveway to the rear yard.

5. The proposed variation represents the minimum deviation from the regulations of this Ordinance necessary to accomplish the desired improvement of the subject property.

Petitioner: It is the Petitioner’s belief that the variations represent the minimum deviation from the UDO.

Staff Comments: The proposed variations are the minimum deviation.

6. The proposed variation is consistent with the intent of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.

Petitioner: It is the Petitioner’s belief that the variations are consistent with the intent of the Comprehensive Plan and the UDO.

Staff Comments: Carport is not an intended use within the UDO. The petition has been brought before you so that you may consider the applicability of an alternate term, “Gazebo,” as it might apply to a carport.

Senior Planner Farruggia noted that staff recommended the following condition: The carport structure shall be located as far from the front property line as practicable, but in no case less than 5 feet.

Chairman Hammond opened the public hearing for public comment. Ther being none, he closed the hearing and then opened the floor to Commissioner comments and questions.

Commissioner McNeal-James stated that she felt the petition was straightforward due to the unique layout of the property. She expressed concern about the variance running with the land.

Commissioner Kelsey suggested that staff and Legal Counsel consider such a provision as the variance was taken forward to the Village Board. He said that the upcoming text amendment would be an opportunity to think beyond CMAP’s approach to drafting the UDO and consider sunset provisions.

Commissioner McNeal-James restated that she felt the property was unique.

Attorney Julien explained that variances typically run with the land but that such a provision could be a talking point moving forward.

Commissioner Kelsey stated that he preferred it to be a point of discussion rather than it being a condition of approval.

Chairman Hammond asked for a motion.

Commissioner Kelsey made a motion to approve the petition with the condition listed in the Staff Report.

Commissioner Yakaitis seconded the motion.

Ayes: Bond, Yakaitis, Yen, McNeal-James, Bond

Nays: Hammond, Brzoska

Abstentions: None

Motion carried.

b. PZC 2023-016 Annexation and Rezoning (Rolando Gutierrez – 1322 Watson). i. Public Hearing and Consideration of Annexation

ii. Public Hearing and Consideration of a Rezoning upon annexation to R-2.

Chairman Hammond asked for a motion to continue the hearings to the December 7th meeting.

Commissioner Bond made the motion to continue.

Commissioner Brzoska seconded the motion.

Ayes: Bond, Yakaitis, Yen, McNeal-James, Bond, Hammond, Brzoska

Nays: None

Abstentions: None

Motion carried.

VII. Community Development Update/New Business

Director Abt said that part of the impetus for a new text amendment was due to the Village’s participation in the Mayors’ Caucus’ Electric Vehicle Readiness Program. She said the UDO is a living document and that a finished draft would hopefully be presented to the Commission at its January meeting.

She noted that the 2024 meeting schedule had been released and that the July meeting was scheduled for the 4th. She asked if the Commission would like to cancel the meeting or reschedule. After brief discussion the Chairman asked that it be canceled.

She went on to say that Freddy’s Steakburgers had passed their final inspection and would be expected to open in the next couple weeks. She also noted that Cooper’s Hawk continued to progress.

She thanked those Commissioners that had been able to attend Ravago’s groundbreaking.

She noted that there were a few items slated for the December meeting, and that the terms for Chairman Hammond and Commissioner Kelsey were going to expire. She asked them to notify her of their intentions so that reappointments could be scheduled and a Chair selected.

Commissioner Yakaitis asked about Gray’s Mill. Director Abt said that Gray’s Mill was still trying to address structural problems and sort out permits with the Fire Protection District.

VIII. Next Meeting:

Chairman Hammond stated that the next meeting of the Planning & Zoning Commission would be on December 7th.

IX. Adjournment: With no further business, Chairman Hammond adjourned the meeting at 7:24PM.

https://www.montgomeryil.org/AgendaCenter/ViewFile/Agenda/_12072023-646