Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, June 14, 2021 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. Roll Call II. REGULAR BUSINESS 1. Discussion Regarding a Liquor License Application for Tom N Lou Drive-In at 8819 Ogden Avenue Committee Item Memo-TomNLou Liquor License 2. Discussion of Property Improvement Grant Request for 3700 Grand Boulevard Committee Item Memo-PIP 3700 Grand Blvd 3. Discussion Regarding a Variance Request for 3209 Raymond Avenue Committee Item Memo-3209 Raymond Avenue 4. Discussion Regarding a Variance Request for 3209 Oak Avenue Committee Item Memo-3209 Oak Avenue 5. Discussion of the Current Zoning Regulations for Vehicle Parking Credits and Reductions of Required Parking Committee Item Memo-Vehicle Parking Credits III. Public Comment IV. Executive Session V. ADJOURNMENT Page 1 of 16  Committee Item Memo Meeting Date: June 14, 2021 Staff Contact: Kathryn Angell, Management Analyst Department: Village Manager's Office Subject: Discussion Regarding a Liquor License Application for Tom N Lou Drive- In at 8819 Ogden Avenue Background Information: Lacey Mizell the owner of Lamb Chop Food Shop, LLC d/b/a Tom N Lou Drive-In, desires to sell beer and wine at 8819 Ogden Avenue; Tom N Lou opened on February 4, 2021. Based on this request, it is recommended that Tom N Lou receive a Class 5 Liquor License. (a) A Class 5 license authorizes the primary sales of alcoholic beverages, the retail sale of wines, beers and malt beverages to be consumed on the premises and incidental thereto the sale of wines, beers, and malt beverages in the original package to be consumed off-premises. (b) For holders of Class 5 licenses, the hours during which no liquor shall be sold shall be every day between 2:00 a.m. and 7:00 a.m., except Sunday which shall be between 2:00 a.m. and 11:00 a.m. Tom N Lou should also be considered for a Class S liquor license to allow "for the retail sale of alcoholic liquor on private property exterior to the regularly licensed premises." This license would cover the patio area adjacent to the business. This license would be issued following permit/inspection approval from the Community Development Department for an Outdoor Café. Recommendation(s): Review and forward for final approval at the Village Board meeting on June 28, 2021. Page 2 of 16  Committee Item Memo Meeting Date: June 14, 2021 Staff Contact: Kendra Kuehlem, Village Planner Department: Community Development Subject: Discussion of Property Improvement Grant Request for 3700 Grand Boulevard Background Information: Property Improvement Program (PIP) The Village has recently started a Property Improvement grant Program to promote reinvestment in the Village, specifically within the TIF districts. The program is intended to assist both property owners and tenants in the rehabilitation and restoration of visible exterior improvements of existing commercial buildings and landscaping or other visible façade improvements. This grant is offered as a 50/50 reimbursement for qualified and approved work. The minimum property improvement investment, by the property owner or tenant, is $1,000. The maximum grant amount that a property owner or tenant can receive from the Village is $20,000. Map of Downtown TIF District Page 3 of 16 The process staff has established is for the applicant to meet with staff to discuss their project and determine what work is eligible for grant reimbursement. From there the applicant will submit a formal applicant and project proposal that will be reviewed and considered by the Village Board. If the Board approves their project and project cost, the applicant will begin their project work. Once the approved improvements are completed, the applicant will submit necessary documentation to staff, staff will confirm the work has been done satisfactory completion, then a check will be issued for the improvements. Brennan Massage & Spa The applicant, Abby Snow, is the property and business owner of Brennan Massage & Spa located downtown at 3700 Grand Boulevard. Ms. Snow is interested in participating in this Property Improvement Program (PIP) to update the business signage and clean and paint the front porch. Staff has reviewed this proposal and determined that it is eligible for grant funds. Current façade of property Scope of Work Ms. Snow will be cleaning and painting the complete exterior of the structure, however, only the front façade is eligible for grant reimbursement. The scope of work includes: cleaning and painting the front porch (railings, columns, stairs) white; power washing, sanding and staining the porch deck; painting the building siding blue; and the labor to complete the work. Ms. Snow has secured bids from three contractors. Proposed façade of property Page 4 of 16 This project also includes updating the business signage. Currently, there exists a monument sign in the front yard that is legal non-conforming. Through the Village’s sign code that was adopted in 2019, monument signs are not a permitted sign type at this property in this zoning district. This property faces unique circumstances with regards to what sign types might work because it is a former home and not a general building type. The applicant is proposing a new sign to be hung from the ceiling of the porch. Staff interprets this sign type as a projecting sign which is permissible in this zoning district, with a maximum size of 7 square feet. Ms. Snow is interested in having a larger sign of 10 square feet which would require a variance. Additionally, the quotes from the contractors were based on this larger size, so the exact cost might vary. If the applicant goes with the lowest bids for the porch work and the 10 sq. ft. sign, the total estimated costs are $5,290. The Village could reimburse 50% of those project costs in an amount not to exceed $2,645. Recommendation(s): Discuss proposed project for Property Improvement Grant. If the Board decides to approve the request, staff suggests that the approval be contingent on the new sign being the allowable size of 7 sq. ft. in area, or that the applicant get a variance for a larger size. Page 5 of 16  Committee Item Memo Meeting Date: June 14, 2021 Staff Contact: Kendra Kuehlem, Village Planner Department: Community Development Subject: Variance Request for 3209 Raymond Avenue (Case No. 21-13) Background Information: Request: Variance to expand a non-conforming use of land Location: 3209 Raymond Avenue, Brookfield, IL 60513 Applicant: Michael and Suzanne Hirchboeck The applicant is requesting a variance of two zoning regulations to expand on a non- conforming use of land and expand a non-conforming structure (sec. 62-389) (sec. 62-450), in order to reconstruct a back deck onto their home. Existing Conditions & Site Context The subject site, PIN 15-34-113-053-0000, is approximately 4,706 square feet and located in the A-1 Single Family Residential zoning district. It is improved with a single-family home with a back deck and a garage accessible by the rear ally to the east of the property. The adjacent zoning and land uses are as follows: North: A-1 Single-Family Residential; Garfield Avenue East: Rear alley; A-1 Single-Family Residential South: A-1 Single-Family Residential West: Raymond Avenue; A-1 Single-Family Residential Analysis The subject property is a legal non-conforming property within the A-1 Single Family Residential zoning district. It is not in compliance with the current Zoning Code because the lot existed at the time the code was adopted. 3209 Raymond is one of the very small lots within the village. The applicant would like to replace the rear deck of the home, which would expand on the intensity of the use of the property and expand on a non-conforming structure. To staff's knowledge, there was not a variance for the existing deck. Page 6 of 16 Regulations the property does not conform to include minimum lot area, minimum lot width, minimum front yard setback, minimum interior side yard setback, and minimum interior rear yard setback. They are also shown in the table below. Because the applicant would be replacing their existing deck, the bulk and setback regulations won't change after the improvements are made. Zoning Regulation Requirement for A1 Existing Property After Improvements district Minimum lot area 6,200 square feet 4,706 sq ft 4,706 sq ft Minimum lot width 50 feet 37.50 ft 37.50 ft Minimum front yard 25 feet 19.20 ft 19.20 ft setback Minimum interior side 5 feet approx. 2 ft approx. 2 ft. yard setback Maximum building 30% of lot area 30% 30% coverage allowed Detached garage located within side located within side may not be located setback setback within 3 feet from an interior or rear lot line. In accordance section 62-760 of the Village zoning code, the Planning and Zoning Commission shall not recommend approval of, nor the Village Board grant a variance from the regulations of the zoning code unless it makes the seven following findings based on the evidence provided. 1. The hardship alleged as the basis for the variation must be derived from difficulties pertaining to the property itself which prevent full use of the property of the same extent other properties in close proximity within the same zoning district can be used. The hardship is due to the subject property size, which was create when the lot was originally subdivided being in conflict with the current zoning regulations. 2. The hardship alleged as the basis for variation must not be self-created or self-imposed by the applicant or his agent not by unauthorized and unpermitted acts of any prior owner. The hardship is not self-created or self-imposed, rather due to the small size of the lot and current zoning regulations. 3. That there is no other means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. In order for the applicants to improve their property, they will need a variance to do any work on the property, because it is a legal non-conforming property. Page 7 of 16  4. That the variation sought will not impair an adequate supply of light or air to adjacent property. This variance will not impair the light or air to adjacent properties. 5. That the variation sought will not unreasonably diminish the values of adjacent property. The proposed improvements will likely have no effect on adjacent properties because improvements will be in the rear yard. 6. That the variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety. This variation will not affect traffic, public streets, nor public safety. 7. That the variation is in harmony with the general purpose and intent of this chapter. Staff believes this to be true. This variance will allow the property owners to reasonable use their property, without negatively affecting the neighborhood and larger community. At the May 20th Planning and Zoning Commission meeting, the Commission unanimously recommended approval of this variance request, with a condition that the applicant work with staff on determined the proper dimension that the porch could project from the front of the house, consistent with lot coverage regulations. The applicant has decided to only pursue reconstruction of the back deck, so the condition no longer applies. Recommendation(s): Consider variance request to permit expansion of a non-conforming use of land and expansion of a non-conforming structure for the property located at 3209 Raymond Avenue. Attachments: Plat of Survey Page 8 of 16  H.L&{0N (EINOLSBNIT a3Hsnao) AETIV 3|'18?c| 1:/If ,9 ,§‘3"Vl its£71” ‘ %2¢ A 09L1 ‘ .9Z"ZZ _vo'o<: §'N?“s:NImma .<;L¥—~—¥ ‘O38 1097.8 MELLFIS9? EHFD 3.L3¥3NO3 Page 9 of 16  Committee Item Memo Meeting Date: June 14, 2021 Staff Contact: Kendra Kuehlem, Village Planner Department: Community Development Subject: Variance Request for 3209 Oak Avenue (Case No. 21-11) Background Information: Request: Variance to expand a non-conforming use of land Location: 3209 Oak Avenue, Brookfield, IL 60513 Applicant: Joeseph Veverka The applicant is requesting a variance of a zoning regulation to expand on a non-conforming use of land in order to build a detached garage on the property (sec. 62-389). The applicants, Mr. and Mrs. Veverka are senior citizens and feel that, at their age, an enclosed garage will help them with the upkeep of the property, especially in the winter months. Mr. Veverka’s health is a high concern, and any extraneous activity could be detrimental to his health. Existing Conditions & Site Context The subject site, PIN 15-34-210-003-0000 is approximately 3,767 square feet and located in the “A” Single Family Residential zoning district. It is improved with a single-family home and is accessible by the rear ally to the east of the property. The adjacent zoning and land uses are as follows: North: A-1 Single-Family Residential; Garfield Avenue East: Rear alley; A-1 Single-Family Residential South: A-1 Single-Family Residential West: Oak Avenue; A-1 Single-Family Residential Analysis The subject property is a legal non-conforming property within the A-1 Single Family Residential zoning district. It is not in compliance with the current Zoning Code because the lot existed at the time the code was adopted. 3209 Oak is one of the very small lots within the village. The applicant would like to construct a 2.5 car garage on the property, which would increase the intensity of the use, thus requiring a variance. If permitted, the proposed garage would be a 20 ft. by 22 ft. structure, pushing the building coverage to 41% of the lot area, 11% over the maximum allowable. Page 10 of 16 Regulations the property does not conform to are shown in the table below and are the minimum lot area of 6,200 square feet, minimum lot width of 50 feet, and minimum interior side yard setback of 5 feet, and maximum lot coverage of 30%. If the requested variance is approved and the garage is constructed, the garage will still be in the required 5-foot setback and be over the maximum building coverage. Requirement for "A" Zoning Regulation Existing Property After Improvement district Minimum lot area 6,200 square feet 3,767 sq. ft. 3,767 sq ft Minimum lot width 50 feet 30 feet 30 feet Minimum interior side 5 feet approx. 2 ft. approx. 2 feet yard setback Maximum building 30% of lot area 29% 41% coverage allowed In accordance section 62-760 of the Village zoning code, the Planning and Zoning Commission shall not recommend approval of, nor the Village Board grant a variance from the regulations of the zoning code unless it makes the seven following findings based on the evidence provided. 1. The hardship alleged as the basis for the variation must be derived from difficulties pertaining to the property itself which prevent full use of the property of the same extent other properties in close proximity within the same zoning district can be used. The hardship is due to the subject property size, which was create when the lot was originally subdivided. Other adjacent properties have detached garages. 2. The hardship alleged as the basis for variation must not be self-created or self-imposed by the applicant or his agent not by unauthorized and unpermitted acts of any prior owner. The hardship is not self-created or self-imposed, rather due to the small size of the lot and current zoning regulations. 3. That there is no other means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. The subject property does not meet current zoning requirements for this district. Anything done to this property will need to have a variance because it will be expanding upon a non-conforming property. 4. That the variation sought will not impair an adequate supply of light or air to adjacent property. Page 11 of 16  This variance will not impair the light or air to adjacent properties. The proposed garage accessory structure will be similar to that of the adjacent properties. 5. That the variation sought will not unreasonably diminish the values of adjacent property. This variation to build a 2-car detached garage will likely not affect adjacent property values. 6. That the variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety. This variation will not affect traffic, public streets, nor public safety. 7. That the variation is in harmony with the general purpose and intent of this chapter. Staff believes this to be true. This variance will allow the property owners to reasonable use their property, without negatively affecting the neighborhood and larger community. At the May 20th Planning and Zoning Commission meeting, the Commission unanimously recommended approval of this variance request. Recommendation(s): Consider variance request to permit expansion of a non-conforming use of land for the property located at 3209 Oak Avenue. Attachments: Plat of Survey Page 12 of 16  Page 13 of 16 papuam mmm / no (:95) won -\,wn°s van was my an” 1:125 9°-Mu nun wows WON 990 FPMS -uwu s5'n P°|lS '-In-"IN urn zsod =-nunun “IWD /wanes my we .»°°"5_-I nunMI-we WM we mam .‘\l an" ma 77 mm on‘: (was) isms QHUQAV (‘MW .59) >100  Committee Item Memo Meeting Date: June 14, 2021 Staff Contact: Kendra Kuehlem, Village Planner Department: Community Development Subject: Discussion of the Current Zoning Regulations for Vehicle Parking Credits and Reductions of Required Parking Background Information: Currently the Village Zoning Code allows parking credits and reductions of required vehicle parking amounts (Sec. 62-291) for developers who provide motorcycle or scooter parking, car- share and bike-share parking spaces, and long-term bicycle spaces they provide on-site. In 2017, the Village adopted a zoning regulation for parking credits and reductions through the zoning modernization update. Under this regulation, developers have the option to reduce the amount of on-site vehicle parking spaces required to the development if they provide motorcycle or scooter parking, car-share and bike-share parking spaces, and long-term bicycle spaces. Staff believes the intention of this regulation was to encourage multi-unit development around transit, which is happening. Over the past couple of years, approximately 4 developments have pursued this reduction/ credit. Different members of the community have expressed concern about the vehicle reduction allowed from providing long-term bicycle parking. The current regulation allows a reduction of one vehicle parking space required for every six long-term bicycle parking spaces provided. These bicycle parking spaces must meet certain requirements such as location, size, and access, however, there is not a limit to the number of vehicle credits a developer can receive. Therefore staff requests the Village Board’s direction on whether the Village should apply for a text amendment to explore editing the regulation. Attachments: Sec 62-291 Parking Credits and Reductions Page 14 of 16 Sec. 62-291. Parking credits and reductions. (a) Motorcycle and scooter parking. In parking lots containing more than ten parking spaces, the provision of motorcycle or scooter parking spaces may be credited toward satisfying the minimum off-street parking requirements of section 62-290 at the rate of one motor vehicle parking space for each two motorcycle or scooter parking spaces. The maximum credit allowed under this provision is two spaces or ten percent of the total minimum motor vehicle parking requirement for the subject property whichever is greater. To receive credit, each motorcycle and scooter space must have a concrete surface and minimum dimensions of four feet by eight feet. This provision applies to existing and proposed parking lots. (b) Car-share and bike-share service. The following parking credits apply to nonresidential uses that are required to provide ten or more motor vehicle parking spaces and to residential or mixed-use projects that are required to provide 20 or more motor vehicle parking spaces. (1) The number of required motor vehicle parking spaces is reduced by four spaces for each parking space that is leased by a village-approved car-share program for use by a car-share vehicle. (2) The number of required motor vehicle parking spaces is reduced by two spaces for uses that provide space for a village-approved bike-share program facility with a minimum of ten bicycle parking docks. (c) Long-term bicycle parking. Each six long-term bicycle parking spaces is credited as one motor vehicle space. (1) Long-term bicycle parking spaces provided to receive parking credit must be provided in the building or in a weather-protected area. Long-term bicycle parking spaces must be protected from access by unauthorized persons. (2) Long-term bicycle parking spaces provided to receive parking credit must: a. Consist of bike racks or lockers anchored so that they cannot be easily removed; b. Allow both the bicycle frame and the wheels to be locked with the bicycle in an upright position using a standard U-lock; c. Be designed so as not to cause damage to the bicycle; d. Facilitate easy locking without interference from or to adjacent bicycles; and e. Have minimum dimensions of two feet in width by six feet in length, with a minimum overhead vertical clearance of seven feet. Bicycle lockers are exempt from overhead clearance requirements. (d) Public parking. Nonresidential uses may receive credit for parking spaces within a nearby public parking lot or public parking garage, as follows: (1) The nearest pedestrian entrance to the public parking lot or garage must be located within 1,000 feet of the lot on which the subject use is located; (2) The parking facility must be open to the general public from at least 8:00 a.m. to 8:00 p.m.; (3) Minimum parking requirements may be reduced by one parking space for every four parking spaces within the public parking lot or garage, not to exceed a total reduction of more than 25 spaces. (e) On-street parking. Nonresidential uses may count on-street parking spaces on public street rights-of- way abutting the subject property towards satisfying off-street motor vehicle parking requirements. One on- street parking space credit may be taken for each 20 linear feet of abutting right-of-way where on-street parking is allowed. Only space on the same side of the street as the subject use may be counted, except that the opposite side of the street may be counted if the property on that side of the street does not have the Created: 2021-03-31 21:27:07 [EST] (Supp. No. 23) Page 1 of 2 Page 15 of 16  potential for future development. In calculating credit for on-street parking, all fractional spaces are rounded down. (Ord. No. 2017-9 , § 4.I., 1-9-2017) Created: 2021-03-31 21:27:07 [EST] (Supp. No. 23) Page 2 of 2 Page 16 of 16