Planning and Zoning Commission

Village of Brookfield Agenda Planning and Zoning Commission Meeting Thursday, May 23, 2024 @ 7:00 PM Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. Call to Order II. Roll Call III. Approval of Minutes 1. April 25, 2024 Draft PZC Minutes 04_25_2024 IV. Public Comment V. Old Business 1. Continuation of PZC Case 24-06 Public Hearing to Consider a Request for Variances from §62-75 Bulk, Yard, and Space Requirements and §62-450 Extensions; Expansions; Enlargements; Intensity of Nonconforming Buildings and Structures for 4172 Blanchan Avenue Continued PZC Case 24-06 Variances Packet VI. New Business 1. PZC Case 24-09 Public Hearing to Consider a Request for a Special Use Permit for a Massage Establishment at 9211 Broadway Avenue PZC Case 24-09 Special Use Packet VII. Other Business 1. Updates from Staff VIII. Adjournment Individuals with a disability requiring a reasonable accommodation in order to participate in any meeting should contact the Village of Brookfield (708)485-7344 prior to the meeting. Wheelchair access may be gained through the police department (East) entrance of the Village Hall. Page 1 of 75  Village of Brookfield 8820 Brookfield Avenue • Brookfield, Illinois 60513-1688 (708) 485-7344 • FAX (708) 485-4971 www.brookfieldil.gov Planning and Zoning Commission · Record of Minutes April 25, 2024 @ 7:00 PM Edward Barcal Hall Boardroom 8820 Brookfield Avenue · Brookfield, IL 60513 I. Call to Order Chairperson Grund called the regular meeting of the Planning and Zoning Commission to order at 7:00 PM. II. Roll Call Present: Chairperson Grund and Commissioners Sabourin, Straka, Svoboda, and Weber. Absent: None Others Present: Trustee Liaison Jennifer Hendricks and Village Planner Kate Portillo. III. Approval of Minutes Chairperson Grund entertained a motion to approve the meeting minutes dated March 21, 2024. Commissioner Sabourin so moved. The motion was seconded by Commissioner Straka. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. IV. Public Comment No public comment. V. New Business Case No. 24-06 Public Hearing to Consider a Request for Variances from §62-75 Bulk, Yard, and Space Requirements and §62-450 Extensions; Expansions; Enlargements; Intensity of Nonconforming Buildings and Structures for 4172 Blanchan Avenue. Chairperson Grund entertained a motion to open the public hearing. Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Chairperson Grund announced that the property owner has requested the hearing be continued to the May 23rd Planning and Zoning Commission meeting as he could not be in attendance due to unexpected circumstances. Chairperson Grund entertained a motion to continue the public hearing for Case 24-06. Commissioner Svoboda so moved. The motion was seconded by Commissioner Sabourin. 1 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 2 of 75  AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Case No. 24-07 Public Hearing to Consider a Request for a Variance from §62-75 Bulk, Yard, and Space Requirements for 3825 Raymond Avenue. Chairperson Grund entertained a motion to open the public hearing. Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Village Planner Kate Portillo presented the staff report. Chairperson Grund opened the floor for Public Comment and swore in those who wished to speak. The applicant Patrick Cunningham spoke about the current condition of the garage and provided his reason for wanting to build a new garage, which would be a 1 for 1 replacement. Commissioners asked questions about where the garage gutters would be directed to and if the applicant would be amendable to directing the downspouts into their rear yard and confirmed that the intended use would be for the storing of vehicles. Chairperson Grund requested any other public comment and no one else came forward to speak. Chairperson Grund entertained a motion to close the public hearing for Case 24-07. Commissioner Svoboda so moved. The motion was seconded by Commissioner Straka. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Commissioners deliberated, noting that the request is modest and the size and location of the replacement garage is comparable to the existing garage, and discussed the possible condition of downspouts directed toward the green space of the rear yard. In their findings, the Planning and Zoning Commission determined that the following standards had been met: 1. The hardship alleged is 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. 2. The hardship alleged as the basis for variation is not self-created or self-imposed by the applicant nor by unauthorized and unpermitted acts of any prior owner, and the petitioner is taking a non-conforming use and not making it any worse with the building of a new garage. 3. There is no other means by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. 2 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 3 of 75  4. The variation sought will not impair an adequate supply of light or air to adjacent property. 5. The variation sought will not unreasonably diminish the values of adjacent property and will instead potentially increase the values of adjacent property with the improvement. 6. The variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety as it will in fact allow vehicles to be parked off the street. 7. The variation is in harmony with the general purpose and intent of this chapter. Commissioner Straka entertained a motion to recommend approval of the Variance request with the condition that the downspouts are directed to the private property yard. Commissioner Svoboda so moved. The motion was seconded by Chairperson Grund. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Chairperson Grund indicated that he would be recusing himself from Case 24-08 as he is the architect for the applicant. Chairperson Grund entertained a motion to appoint Commissioner Todd Svoboda Chairperson Pro Tem for the remainder of the April 25, 2024, Planning and Zoning Commission meeting. Commissioner Straka so moved. The motion was seconded by Commissioner Sabourin. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Case No. 24-08 Public Hearing to Consider a Request for a Variance from §62-215 Station Area Districts for 8911 Burlington Avenue. Chairperson Pro Tem Svoboda entertained a motion to open the public hearing. Commissioner Sabourin so moved. The motion was seconded by Commissioner Straka. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 4-0. Village Planner Kate Portillo presented the staff report. Commissioners asked questions about the request being for a Variance as opposed to a Map Amendment, and about the specific relief related to ground floor commercial space. Chairperson Pro Tem Svoboda opened the floor for Public Comment and swore in those who wished to speak. Scott McNaughton came forward to represent Tartan Investments LLC and explained that the request is related to their evaluation that including commercial would be detrimental to the financial viability of the project. 3 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 4 of 75  Commissioners asked questions about the reasoning for the type of request, if a site plan is available to review the off-street parking provided on site, and if the stormwater management requirements would be met with this project. Project Architect Charles Grund responded that the request relates to the difference in the side yard setback requirements between the SA-1 district and SA-5 district, and Scott McNaughton confirmed that no other zoning relief is being requested and the stormwater management requirements will be met using and underground storage tank. Chairperson Pro Tem Svoboda entertained a motion to close the public hearing for Case 24-08. Commissioner Straka so moved. The motion was seconded by Commissioner Weber. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 4-0. Commissioners deliberated the request, discussing the standards and whether the hardship was self-created. The petitioner responded by referencing the current vacancy rate in the downtown area and also the tight margins in the development of the project. In their findings, the Planning and Zoning Commission determined that the following standards had been met: 1. The hardship alleged is 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. 2. The hardship alleged as the basis for variation is not self-created or self-imposed by the applicant nor by unauthorized and unpermitted acts of any prior owner. 3. There is no other means by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. 4. The variation sought will not impair an adequate supply of light or air to adjacent property. 5. The variation sought will not unreasonably diminish the values of adjacent property. 6. The variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety. 7. The variation is in harmony with the general purpose and intent of this chapter. Chairperson Pro Tem Svoboda entertained a motion to recommend approval of the variance request to omit the required ground floor commercial and to construct 100 percent residential at 8911 Burlington Avenue. Commissioner Straka so moved. The motion was seconded by Commissioner Weber. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 4-0. VI. Other Business Village Planner Kate Portillo shared updates on 8845 Burlington Avenue and 9509 Odgen Avenue, and announced Community Development Director Libby Popovic will begin on April 29, 2024. 4 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 5 of 75 VII. Adjournment Chairperson Pro Tem Svoboda entertained a motion to adjourn the meeting. Commissioner Sabourin so moved. Commissioner Straka seconded the motion. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None ABSTAIN: None Motion Passed 4-0. The meeting was adjourned at 7:32 P.M. 5 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 6 of 75  Planning & Zoning Commission Staff Report Meeting Date: May 23, 2024 From: Kate Portillo, AICP, Village Planner Continuation of Case No. 24-06 Request for Variances from §62-75 Bulk, Yard, and Subject: Space Requirements and §62-450 Extensions; Expansions; Enlargements; Intensity of Nonconforming Buildings and Structures for 4172 Blanchan Avenue Location: 4172 Blanchan Ave, Brookfield, IL 60513 PIN: 18-03-113-061 Applicant: Juan Jacobo Current Zoning: A-1 Single-Family Residential District Current land Use: Single Family Residential Background Information: In March of 2024, Juan Jacobo applied for a building permit to construct a new second floor addition and new first floor rear wood deck. The permit could not be approved because the north dripline of the existing structure currently encroaches on the neighboring parcel +/- 1.5 feet. The north side yard setbacks for the existing primary residence are legal nonconforming at 1.19 feet at the northeast corner of the building and 1.28 feet at the northwest corner of the building. The applicant is requesting a variance from §62-75 Bulk, yard and space requirements as well as relief from §62-450 Extensions; Expansions; Enlargements; Intensity of Nonconforming Buildings and Structure in the zoning code. The proposed deck is exempt from all yard setbacks as it is nonroofed/open-air and exceeds a height of eight inches above grade per §62-13 (1)(n). Existing Conditions & Site Context The subject site is a substandard lot at +/- 4,714 square feet. While the existing primary structure and accessory structure do not meet the side yard setback requirements along the north parcel line, the structures constitute 33.41% building coverage, which is within the allowable 35% building coverage in the A-1 zoning district. The property also meets the 40% minimum green space requirement and would continue to be in compliance with the proposed improvements. The adjacent zoning and land uses around the subject site are exclusively A-1 Single Family Residential. 1 Page 7 of 75 Analysis The 2018 Comprehensive Plan supports encouraging homeowners to maintain or improve existing properties. The section of the Village Code related to Nonconforming Buildings, Structures and Uses speaks to encouraging the development of desirable residential areas that promote and protect the public health, safety, general welfare and value of property in the Village. Seeking formal zoning relief potentially allows a property owner to protect their investment through formal authorization of a non- conformity. While the proposed vertical expansion of the property continues a drip line extending into a neighboring property, the proposed home addition is not expanding a non-conformance. Applicant’s Requests: 1. Variance authorizing a 1.19 foot side yard setback for the primary structure along the north property line. 2. Variance authorizing a rear deck 2 feet 6 inches from the north property line. Standards of Review: In accordance with §62-760 Standards for variation, the seven following findings shall be met and proven by the applicant before any positive consideration is to be made in granting of a variation: 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. 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. 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. 4. That the variation sought will not impair an adequate supply of light or air to adjacent property. 5. That the variation sought will not unreasonably diminish the values of adjacent property. 6. That the variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety. 7. That the variation is in harmony with the general purpose and intent of this chapter. 2 Page 8 of 75 Attachments: Variance Application Plat of Survey by Andrew Spiewak Land Surveyor, Inc. dated July 20, 2023. Affidavit of Public Notice Plan Set by Jef + Associates LLC and MP Associates Inc. dated March 20, 2024. Riverside Brookfield Landmark publication of Legal Notice Dates of Authorization: Application Filed March 22, 2024 Date of Mailed Legal Notice of Public Hearing April 10, 2024 Date Legal Notice of Public Hearing sign posted April 10, 2024 Date of Landmark Publication of Legal Notice April 10, 2024 Date of Public Hearing April 25, 2024 3 Page 9 of 75 Page 10 of 75 Page 11 of 75 Page 12 of 75 Page 13 of 75 Page 14 of 75 Page 15 of 75  4166 Blanchan Ave Brookfield, IL 60513 Horacio Aguirre Lidys Aguirre 4166 Blanchan Ave Brookfield, IL 60513 April 01, 2024 To whom it may concern, I, Horacio Aguirre and Lidys Aguirre, residing at 4166 Blanchan Ave, Brookfield, IL 60513 hereby confirm our full support for the vertical improvement/addition plans proposed by my neighbor residing at 4172 Blanchan Ave Brookfield, IL 60513. After careful review and consideration, we affirm that the proposed improvements will not encroach horizontally on our property and will remain within the existing footprint. Therefore, I fully endorse my neighborʼs variance application for codes 62-450 and 62-75. Thank you for your attention to this matter. Warm Regards, Horacio Aguirre Lidys Aguirre Horacioaguirre26.2@gmail.com Lidysoviedo@gmail.com Page 16 of 75 Page 17 of 75 Page 18 of 75 Page 19 of 75 Page 20 of 75 Page 21 of 75 Page 22 of 75 Page 23 of 75 Page 24 of 75 Page 25 of 75 Page 26 of 75 Page 27 of 75 Page 28 of 75 Page 29 of 75 Page 30 of 75 Page 31 of 75 Page 32 of 75 Page 33 of 75 Page 34 of 75  Planning & Zoning Commission Staff Report Meeting Date: May 23, 2024 From: Kate Portillo, AICP, Village Planner Subject: Case No. 24-09 Request for a Special Use Permit to Operate a Massage Establishment at 9211 Broadway Avenue Location: 9211 Broadway Avenue, Brookfield, IL 60513 PIN: 15-34-307-026-1003 Applicant: Li Dong Current Zoning: C-3 Centralized Commercial District Current land Use: Vacant Commercial Background Information: Ms. Li Dong purchased 9211 Broadway Avenue in September 2023 and has represented that she has been a licensed a massage therapist for five years. 9211 Broadway Avenue previously housed a laundromat but the equipment has since been removed. Since February 28, 2022, a “Massage Establishment” use requires a special use permit in the C-3 zoning district. Under Ordinance 2022-12, the Village Board voted to establish a definition of “massage” in the zoning code and update the use tables to authorize a massage establishment use only with an approved special use permit in the C-1, C-3, C-4, SA-1, SA-3, and SA-4 zoning districts. Ms. Dong is requesting special use approval for the proposed massage establishment. Existing Conditions and Site Context The subject site is +/- 1,092 square feet and is improved with a one-story brick commercial structure which includes this one (1) of four (4) suites. The adjacent zoning and land uses to the East, West and North are C-3 and the parcel to the South is zoned A Single-Family Residential. 1 Page 35 of 75 Village Plans The 2018 Comprehensive Plan includes the 8 Corners Subarea Plan, which speaks to the land use goals for Corridor Commercial areas. Primary objectives include “Promote a healthy and mutually reinforcing mix of…uses within the 8 Corners area” and “…ensure economic vitality and stability in the pedestrian- oriented commercial shopping areas of the Village”. Special Use Standards An application for a special use permit should be considered in the context of the following standards: • The compatibility of the use with the intent and purpose of the property’s zoning district. • The compatibility of the use with the existing uses on the site and in the vicinity. • Special actions that are contemplated to modify any unique, special, or unusual impacts which the special use may cause or intensify upon properties or uses upon public facilities or neighboring properties. Analysis The applicant is represented by Timothy M. Foley of Fornaro Law. On May 16, 2024, Attorney Foley provided an Addendum via email that contained supplemental data. Per §62-623 of the Village Code, “Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall be submitted in proper form and number at least ten working days prior to the date on which it is to be considered at a hearing, continued hearing or meeting, or as may be acted upon in connection with such application”. As the supplemental data was received five (5) working days prior to the hearing, it is the position of the Village that the Addendum be considered by the Planning and Zoning Commission at a future meeting date. Attachments: Special Use Application Affidavit of Public Notice Riverside Brookfield Landmark publication Dates of Authorization: Application Filed May 2, 2024 Affidavit of Public Notice May 15, 2024 Date of Mailed Legal Notice of Public Hearing May 6, 2024 Date Legal Notice of Public Hearing sign posted May 5, 2024 Date of Landmark Publication of Legal Notice May 8, 2024 Date of Public Hearing May 23, 2024 2 Page 36 of 75 Page 37 of 75 Page 38 of 75 Page 39 of 75 Page 40 of 75 Page 41 of 75 Page 42 of 75 Page 43 of 75 Page 44 of 75 Page 45 of 75 Page 46 of 75 Page 47 of 75 Page 48 of 75 Page 49 of 75 Page 50 of 75 Page 51 of 75 Page 52 of 75 Page 53 of 75 Page 54 of 75 Page 55 of 75 Page 56 of 75 Page 57 of 75 Page 58 of 75 Page 59 of 75 Page 60 of 75 Page 61 of 75 Page 62 of 75 Page 63 of 75 Page 64 of 75 Page 65 of 75 Page 66 of 75 Page 67 of 75 Page 68 of 75 Page 69 of 75 Page 70 of 75 Page 71 of 75 Page 72 of 75 Page 73 of 75 Page 74 of 75 PUBLIC NOTICES PUBLIC NOTICE STATE OF ILLINOIS VILLAGE OF BROOKFIELD Notice of Public Hearing Village of Brookfield Planning and Zoning Commission May 23, 2024, at 7:00 PM NOTICE is hereby given that a public hearing will be held by the Planning and Zoning Commission of the Village of Brookfield on Thursday, May 23, 2024, at 7:00 PM in the Edward Barcal Hall located at 8820 Brookfield Avenue, Brookfield, Illinois to consider an application from Li Dong for a Special Use Permit to operate a Massage Establishment use at 9211 Broadway Avenue (PIN 15-34-307- 026-1003). Legal Description: UNIT NUMBER 9211 IN 9207-9213 BROADWAY CONDOMINIUM, AS DELINEATED ON A PLAT OF SURVEY OF THIS FOLLOWING DESCRIBED TRACT OF LAND: LOT B IN MRAZ SUBDIVISION OF LOTS 1 AND 2 IN BLOCK 1 IN PORTIA MANOR, BEING FREDERICK H. BARTLETT’S SUBDIVISION IN THE SOUTHWEST ¼ OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. WHICH PLAT OF SURVEY IS ATTACHED AS EXHIBIT “A” TO THE DECLARATION OF CONDOMINIUM RECORDED MARCH 17, 2009 AS DOCUMENT NUMBER 0907645123; TOGETHER WITH ITS UNDIVIDED PERCENTAFE INTEREST IN THE COMMON ELEMENTS. The public is invited to attend the public hearing and present oral and/ or written comments. Written com- ments may be provided prior to 4:00 PM on the day of the meeting to: Village of Brookfield, Planning and Zoning Commission c/o Kate Portillo, 8820 Brookfield Avenue, Brookfield, IL 60513 and at kpor- tillo@brookfieldil.gov. Oral or writ- ten public testimony may be given during the public hearing. The application may be viewed at the Village of Brookfield Village Hall during normal business hours. Please reference PZC Case 24-09. Public hearings may be continued from time to time without further notice, except as otherwise required under the Illinois Open Meetings Act. Individuals with disabilities requiring accommodation in order to partic- ipate in any meeting may contact the Village of Brookfield at (708) 485-7344 prior to the meeting. Wheelchair access is available through the front (south) entrance of Village Hall. By the Order of Chuck Grund, Planning and Zoning Commission Chairman. Published in RB Landmark May 8, 2024 Page 75 of 75