Planning and Zoning Commission

Village of Brookfield Agenda Planning and Zoning Commission Meeting Thursday, September 26, 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. Approval of the Minutes from July 25, 2024 Minutes.PZC 7.25.24.FINAL IV. Public Comment V. New Business 1. Case No. 24-14 Request for a Variance from §62-290 B Multi-Family District Zoning Requiring Two (2) Parking Spaces Per Unit in B Multi-Family Zoning. 4431 Prairie Application PZC Staff Report 4431 Prairie.Revised VI. Other Business VII. 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 15  Planning and Zoning Commission · Record of Minutes July 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 Evans, Miller, Sabourin, Straka, Svoboda, Weber. Absent: None Others Present: Trustee Liaison Jennifer Hendricks, Village Planner Kate Portillo. III. Approval of Minutes Chairperson Grund entertained a motion to approve the meeting minutes dated June 27, 2024. Commissioner Straka so moved. The motion was seconded by Commissioner Sabourin. AYES: Evans, Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: Miller. Motion Passed 6-0. IV. Public Comment Parks and Recreation Commissioner Kyle Whitehead came forward to share the concept idea of a Youth Commission and garnered feedback. Commissioners provided positive feedback. V. New Business Case No. 24-13 Public Hearing to Consider a Request for a Variance from §62-75 Bulk, Yard, and Space Requirements to Build an Enclosed Porch at 3132 Park Avenue. Chairperson Grund entertained a motion to open the public hearing. Commissioner Svoboda so moved. The motion was seconded by Commissioner Evans. AYES: Evans, Grund, Miller, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 7-0. Village Planner Kate Portillo presented the staff report. Commissioners requested confirmation that the Village Code does not offer an allowance for using permeable pavers and that they should reference the standards for variation in their findings. Chairperson Grund opened the floor for Public Comment and swore in those who stood to speak. Applicant Ben Thurnhoffer provided background on the site conditions and reasons for requesting relief from the maximum building coverage. Commissioners asked questions regarding the type of construction proposed, whether the sunroom would have heating and Page 2 of 15  cooling, and for clarification that the proposed outdoor patio location was being moved away from the tree. Chairperson Grund entertained a motion to close the public hearing for Case 24-13 and went immediately into roll call vote. AYES: Evans, Grund, Miller, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 7-0. Commissioners deliberated the request according to the standards for review, discussing the hardship and whether it is self-created. There was also hypothetical discussion related to potential future Code changes and what the impact may be on reviewing proposed property improvements such as this. Staff recommended Commissioners consider the case before them according to the current Code. Commissioners stated that the hardship existed on the property prior to the applicant’s ownership and likely under different requirements, both matters largely out of his control. Commissioner Svoboda entertained a motion to approve Case 24-13, a Variance from §62-75 Bulk, yard, and space requirements to construct a three-season sunroom. The motion was seconded by Commissioner Sabourin. AYES: Evans, Grund, Miller, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 7-0. VI. Other Business Arista Strungys from the planning consulting firm Camiros presented the Technical Report for the Zoning Code Update project. Ms. Strungys discussed the goals of the project, which include better implementation of the Village’s adopted plans and policies, organizing the Code into a more user-friendly structure, ensuring predictability and consistency, integrating design into the standards, preserving neighborhood character, requiring fewer special approvals and increasing transparency of development approvals. Ms. Strungys shared Camiros’ analysis of the current zoning district standards, policy on accessory structures, evaluation of development standards, Code administration, and rules for non-conformances. Commissioners asked questions regarding how changes in zoning standards would impact development, regarding potential changes to design standards, regarding GIS data limitations, requested clarification on how short-term rental regulations may be brought into the process, and regarding current sign regulations and potential changes to the sign code related to the technical evaluation. VII. Adjournment Chairperson Grund entertained a motion to adjourn the meeting. Commissioner Sabourin so moved. Commissioner Miller seconded the motion. AYES: Evans, Grund, Miller, Sabourin, Straka, Svoboda, Weber. NAYS: None Page 3 of 15 ABSTAIN: None Motion Passed 7-0. The meeting was adjourned at 8:26 P.M. Page 4 of 15  Village of Brookfield Community Development Department Variance 8820 Brook?eld Avenue, Brook?eld, Illinois 60513-1688 Appl Icatlon (708) 485-7344 ext 3 - www.brookfieldil.gov Applicant Information Full Name: Triana Calderon Address: 4431 Prairie Ave. Email Address: triana5@sbcglobal.net Phone number: 773-879-6034 Is The applicant in The process of purchasing The property? El Yes El No If yes, is The purchase contingent on approval of Thisrequest? El Yes El No Property Information (This information can be found online on the .) Address: 4431 Prairie Ave. Brookfield IL,60513 Zoning district: B Use type: Property Index Numberls) (PIN): 18-03—409-067-0000 — Legal Description; Multiple Family Residence District (attach it necessary) The property is: El Conforming Non-conforming Does not have the required # of off street parking spaces explain non—conformity What will The property be used for? CI Personal D New Business [3 Rental El Resale Surrounding zoning and land uses: Zoning DisTricT Land Use {regisientigl ggmmergig industr‘al.etc.) . North: B Multiple Family Residence Residential 4 units EasT: B Multiple Family Residence Residential 4 units South: B Multiple Family Residence Residential 4 units Page 5 of 15 West: B Multiple Family Residence Residential 4 units Variance Request  Checklist for submittal El) Pre—application Meeting with Staff A pre—application meeting with Village staff is strongly suggested prior to filling application. lgCompleted Application Completed applications should be submitted at least 3 weeks before PZC meeting. I] Application Fee The $675 application fee is due at the time of submittql. A $75 deposit willalso be collected for the public hearing sign. This deposit willbe returned after the meeting. Current Plat of Survey A LEGlBLEplat of survey showing the property in its current conditions and improvements. E] Signed Affidavit and Proof of Ownership Affidavit of ownership completed and notarized submitted with a copy of a current tax bill, deed, or other official document showing current ownership. El Supporting Photos or Graphics Any photos and/or drawings that illustrate the current condition, the request, and the resulting condition if the request is granted, as well as the dimensions of the signls). I] Project Summary (optional) A written statement describing why the request. Any background information that may help the staff and the Board understand the request should be included. E] Public Notice (submitted subsequently) In advance of public hearing, adjacent properties within 250 feet must be notified by mail. Once letters are mailed, an affidavit and letter must be submitted to the Village. I hereby affirm that I have full legal capacity to authorize the filing of this Petition and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer invites Village representatives to make all reasonable inspections, investigations and pictures of the subject property during the processing period of this Petition. I agree to pay all fees consistent with the Village payment policies and comply with the Village Codes. i understand these fees will include publication expenses and may include engineering expenses and attorney fees. ( Page 6 of 15 mm, (damn a/qm Printed name of Applicant MW Sig ure of Applicant Date  Standards for Granting Zoning Variations There are 7 standards that are considered and must be met in order to approve variances in the Village of Brooktield. (Sec. 62-760) Please describe how your request demonstrates compliance. 1. “The hardship alleged as the basis for the variation must be derived fromdifficulties pertaining to the property itself which prevent fulluse of the property of the same extent other properties in close proximity in the same zoning district can be used,” How does this property itself create difficulties that other similar properties do not have? We have the hardship because our property does not have an existing garage while other properties do or self—imposedby the applicant or his 2. ”The hardship alleged as the basis for a variation must not be self—created agent nor by unauthorized and unpermitted acts ofany prior owner,"' Owner shouldn’t have created the alleged difficulties; how did these difficulties come to be? This is how the property was purchased 3. “That there is no other means other than the requested variation by which the alleged hardship or di?iculty can be avoided or remedied to a degree sufficientto permit a reasonable use of the property:” Without the requested variance, why can’t you use this property to its full extent? Without the required reduction of parking spaces a garage can not be built without violating the code 4. “That the variation sought will not impair an adequate supply of light or air to adjacent property;” How will the neighbor's air and light supply remain unimpaired? This will not impair any air or light supply to our neighbor’s property 5. ”That the variation sought willnot unreasonably diminish the values of adjacent property;" If approved, how willthis variance affect surrounding property values? s This improvementhall increase our property value and be comparable to our neighbors property andmmtarn-amformtty 6. "That the variation sought will not unreasonably increase congestion in the public streets or otherwise endanger public safety; ” if approved, how willthis variance affect traffic congestion in the area? This will not increase or effect traffic congestion. All cars will be parked on our property. Page 7 of 15  doad 0005 ,OS. 000: ?ogios? I:I l .0989 kZ'Jrn 001 2 g_ rd ij 911 DR: 0M URI {F (F (F (LU) 0.0) (LU) >_ I— 01 LL! (L 0 01 D_ 19 T m m Page 8 of 15  Tn mm A ) 00 '09 600 09) Page 9 of 15  AFFIDAVITOF OWNERSHIP& DISCLOSUREOF BENEFICIARIES ‘ \ i . III the sole owner . l, TV IOIHR COJCI’QI/m, under oath, state that I am: owner JX/an Printedname El an authorized officer for the owner of the property described as Me BKOOICPIEIOI 3 I PVCUV‘M/ LII-4 that such property IL @5596 property address CLCQVLW is owned by 'Tr‘lan as of this date. property owner‘s name Further, the property to which this application relates lS/ S NOTthe subject of a land trust as defined in Section 765 ILCS405 of the Illinois Compiled Statutes, I’The Land Trust e?eficial Interest Disclosure Act." If the foregoing statement was complete in the affirmative, the following statement shall be completed and verified: I, , as the trustee/beneficiary of Printed name Trust Number, , Trust name pursuant to Section 765 lLCS405 of the Illinois Compiled Statutes, being first duly sworn, hereby sate and represent that the person(s), bo'dy(ies) Politic, corporation(s), or other entity(ies) below are the beneficiary(ies) of said land trust, that the beneficiarylies) designated by a checkmark ho|d(s) the power of direction created therein, and that no beneficiary hold a beneficial interest as nominee for a person, body, politic, corporation or other entity not named herein. Name Address Interest Property Own Signature Page 10 of 15  AFFIDAVITOF PUBLICNOTICE The undersigned petitioner, on oath states that they notified, in writing, the owners of all property within 250 feet, excluding rights of way, in each direction of the property to which his petition relates, by personal delivery or by mail; that a public hearing would be held to consider such petition; that such notice was given no less than 15 days prior to such hearing; and that the owners so notified, are those shown on the last available tax records of the county. (Please attach a list of notified property owners). Triana Calderon _ ?&w/l Property owner name Propert wner signature SUBSCRIBED ANDSWORNTO BEFOREME ON THIS /0 DAYOF a- , g?gj g{1h year SEAL OFFICIAL NELIA TRIPLI'IT Nolal')’ Publlc,Slateof Illinois Cotmni’ssim No.476641 MyCorrunission Expios Septunber 09.2027 Page 11 of 15  NOTICES EJBLIC PUBLIC NOTICE STATE OF ILLINOIS VILLAGE OF BROOKFIELD Notice of Public Hearing Village of Brooktield Planning and Zoning Commission September 26, 2024 at 7:00 PM NOTICE is hereby given that the Village of Brookfield Planning and Zoning Commission will conduct a public hearing on Thursday. September 26th , 2024 at 7:00 pm. in the Edward Barcal Hail located at 8820 Brooklield Avenue, Brooktield. Illinoisfor the purpose of considering a request from Triana Calderon for a variation trom §62-290 Required parking spaces in order to build a new garage for property located at 4431 Prairie Avenue. Brookfield, Illinois60513 (PIN 1803409067). Legal Description: LOT 3 IN BISHOP‘S UNIT NUMBER 1, BEING A RESUBDIVISION OF PART OF AUSPITZ AND OAKES BROOKFIELD PARKI BEING A SUBDIVISION OF THE WEST 1/: OF THE EAST 1/2 OF THE SOUTHEAST Ma,ALSO THE EAST 6.8368 ACRES (EXCEPT ROAD) OF THE SOUTHWEST 1/: OF THE SOUTHEAST 1/: IN SECTION 3, TOWNSHIP 38 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED MAY 13,1966 AS DOCUMENT NUMBER 20488018, IN COOK COUNTY, ILLINOIS. The public is invited to attend the public hearing and present oral and/ or written comments. Written comments may be provided prior to 4:00 PM on the day of the public hearing to: Village of Brooklield, Planning and Zoning Commission c/o Libby Popovic, 8820 Brookiield Avenue, Brooktield. IL 60513, Ipopovic@brookiieldilgov, or 708-485-1113. Oral or written testimony may be given during the public hearing. The application may be viewed at the Village of Brookiield Village Hall during normal business hours. Please reference PZC Case 24-14. 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 a reasonable accommodation in order to participate in any meeting should contact the Village of Brookiield (708) 485-7344 prior to the meeting. Wheelchair access is available through the from (South) entrance of Village Hall. By the Order of Chuck Grund, Planning and Zoning Commission Chairman. Page 12 of 15 Published in FIBLandmark September 11, 2024  Planning & Zoning Commission Staff Report Meeting Date: September 26, 2024 From: Mark Janeck, AICP, Village Planner Subject: Case No. 24-14 Request for a Variance from §62-290 B Multi-Family District Zoning Requiring Two (2) Parking Spaces Per Unit in B Multi-Family Zoning. Location: 4431 Prairie Avenue, Brookfield, IL 60513 PIN: 18-03-409-067-0000 Applicant: Triana Calderon, Property Owner Current Zoning: B Multi-Family Residential District Current land Use: 4 Unit Brick Rental Building Background Information: Triana Calderon has owned the subject property located at 4431 Prairie Avenue in Brookfield for numerous years. The property has contained a building with four (4) rental units for approximately 50 years. There are no existing or past complaints or petitions filed on behalf of this property. The applicant makes the argument that historical use of the property has not created parking issues on site or in the vicinity of the subject property. Also, the two (2) adjacent properties containing similar 4 unit multi-family buildings have been permitted to erect stand alone garages on their properties. The property owner is requesting to construct a two stall, stand alone garage on the northeast corner of the property. Six (6) parking spaces are currently associated with the property on-site, construction of the proposed garage would reduce on-site parking to five (5) spaces. The petitioner is requesting relief from the Zoning Code which requires two (2) spaces per unit which in the case totals eight (8) on-site parking spaces. Existing Conditions & Site Context The subject site is +/- 6,675 square feet and contains a multi-family building. The adjacent zoning and land uses are as follows: B Multi-Family Residential District to the north, south, west and east, with all adjacent properties containing multi-family residences. 1 Page 13 of 15 Analysis The intent of the parking requirements of the Zoning Code, in this case Section 62-290, is to provide parking requirements that will reduce pressure relative to on street parking spaces. On street parking is typically intended for guests of residences, and is expected to be temporary in nature. The subject site land use was constructed prior to the current zoning code, and as such, is currently non-conforming to the sections of the code relative to on-site parking within a multi-family housing district. It appears to Community Development personnel that the requested relief from the Zoning Code is in keeping with previous garage construction approvals and associated non-conforming parking issues on nearby properties. It appears that the requested relief will not cause undue effects to general parking in this area. Zoning Relief Request: 1. Variance from the required eight (8) on-site parking spaces, to five (5) parking spaces. The reduction of parking spaces will be associated with a stand alone garage used specifically for the storage of on-site resident vehicles only. Standards of Review: 2 Page 14 of 15 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. Recommendation The Community Development Department recommends approval of Village Case No. 24-14, Variance from §62-290 B Multi-Family District Zoning reducing the existing Zoning Code requirement from two (2) parking spaces Per Unit in B Multi-Family Zoning, to 1.25 parking spaces per unit on the subject property. The Community Development Department requests that the following property improvements be attached to the Planning and Zoning Commission’s determination: 1. Removal of all outdoor furniture and other items within the parking area. 2. Provision of all-season paving surface on the property’s vehicle access and parking areas. 3. Restripe the parking area as shown on the attached site plan. Attachments: Variance Application Plat of Survey by Pyramid Land Surveyors dated October 14, 2023 Drawing of Existing Site Plan Affidavit of Ownership Affidavit of Public Notice Riverside Brookfield Landmark publication of Legal Notice Dates of Authorization: Application Filed September 4, 2024 Date of Mailed Legal Notice of Public Hearing September 7, 2024 Date Legal Notice of Public Hearing sign posted September 11, 2024 Date of Landmark Publication of Legal Notice September 11, 2024 Date of Public Hearing September 26, 2024 3 Page 15 of 15