Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA Monday, October 4, 2021 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, IL 60115 COVID-19 NOTICE: The Planning and Zoning Commission of the City of DeKalb intends to conduct this meeting in-person with a physically present quorum that is open to the public and in compliance with all applicable public health requirements. All persons attending this meeting shall be required to wear protective face masks/coverings in accordance with Governor JB Pritzker’s Executive Order 2021-20 dated August 26, 2021, which was extended to October 16, 2021 by Executive Order 2021-23 dated Sept. 17, 2021. A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. September 7, 2021 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code to add a definition for “automobile detailing”, to add “automobile detailing” to the list of permitted uses in the “LC” Light Commercial District, “GC” General Commercial District, and the “LI” Light Industrial District, and to add “automobile detailing” to the “CBD” Central Business District as a special use. In addition, the proposed amendments would add car washes as a permitted use in the LI District and modify the use “service facilities” in the LC district to allow minor vehicles services. 2. Public Hearing – A petition by Adam Hart requesting a variance to Article 7.06 “Fences” of the Unified Development Ordinance to allow a six (6) foot high privacy fence to encroach into the front yard along Haish Blvd and approval of other such variations or relief as required to accommodate the proposed request on the property located at 133 Gurler St. F. REPORTS G. ADJOURNMENT Planning and Zoning Commission September 7, 2021 Page 1 of 6 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION September 7, 2021 The Planning and Zoning Commission held a meeting on September 7, 2021, at the DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Vice Chair McMahon called the meeting to order at 6:00 PM. A. ROLL CALL Recording Secretary Aaron Walker called the roll. Planning and Zoning Commission members present were: Trixy O’Flaherty, Shannon Stoker, Steve Becker, Maria Pena-Graham and Vice Chair Bill McMahon. Jerry Wright and Chair Max Maxwell were absent. Principal Planner Dan Olson was present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair McMahon requested a motion to approve the September 7, 2021, agenda as presented. Ms. O’Flaherty motioned to approve the agenda as presented. Ms. Stoker seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. August 16, 2021 – Vice Chair McMahon requested a motion to approve the August 16, 2021, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Public Hearing – A petition by Adventure Works of DeKalb County Inc. for approval of a zoning map amendment from the “SFR2” Single Family Residential District to the “PD-R” Planned Development Residential District for the property located at 1221 Sycamore Road, amendment to Ordinance 2018- 068 and other approvals as required for the subject property to allow for the expansion of the petitioner’s outdoor activities area along Sycamore Road. Planning and Zoning Commission September 7, 2021 Page 2 of 6 Katie Watts, Executive Director of Adventure Works, advised Adventure Works is a nationally accredited, community based, outdoor behavioral healthcare organization that provides services to youth and their families in DeKalb County. She noted they offer individual and family counseling, kindergarten readiness programs, group/social programing, and business partnership services. She stated Adventure Works is seeking to expand their activities area to the vacant lot neighboring their current property. She advised the area will be used for therapeutic activities, group activities, and other programming as needed. Principal Planner Dan Olson went through the staff report dated September 2, 2021. He advised the petitioner is requesting a rezoning of the property located at 1221 Sycamore Road from the “SFR2” Single Family Residential District to the “PD-R” Planned Development Residential District and an amendment to Ordinance 2018-068 to allow for the expansion of their outdoor activities area along Sycamore Road. He noted the petitioner bought the subject property in December 2019 and had a dilapidated home on the site demolished in order to expand their activity area. Mr. Olson stated Adventure works is a non-profit organization that serves the youth through adventure-based counseling and education. He mentioned the Adventure Works Counseling Center originally opened in 2001 in a former single-family home located at 1211 Sycamore Rd. He added on October 8, 2018 the City Council approved Ordinance 2018-068 which approved the rezoning of the adjacent vacant lot at 1215 Sycamore Road to the PD-R District. He noted challenge course elements were added to the new lot including low rope activities. He stated Adventure Works recently added fencing around their property, to include the currently vacant lot at 1221 Sycamore Road. He advised this was done to enclose their activities area and provide a barrier to Sycamore Road. Mr. Olson stated the proposed amendment to Ordinance 2018-068 will incorporate the subject site into the regulations of the ordinance. He noted the ordinance restricts the use on the site to a counseling center and any incidental or accessory uses, such as the challenge/activity course. Mr. Olson mentioned the counseling center located on 1211 Sycamore Road originally had a second level apartment unit, which was allowed under Ordinance 2018-068. Since the original ordinance was passed, the apartment Planning and Zoning Commission September 7, 2021 Page 3 of 6 was converted to office space. He advised the proposed amendment will remove the allowance of a second floor living space and prohibit any future dwelling units on the property. Mr. Olson advised Adventure Works currently has a 13-space parking lot located behind the counseling center at 1211 Sycamore Rd. and includes one handicap space. He noted the UDO only requires 9 spaces based on the parking formula and stated the expansion of the outdoor activity area will not add to the parking demand. Mr. Olson added the petitioner is also seeking approval of a waiver to the UDO for a Planned Development less than two acres. He advised the subject site is .17 acres and is 1.15 acres when combined with the other two lots owned by Adventure Works. He mentioned this type of waiver has been approved on several occasions previously and wouldn’t negatively affect the surrounding properties. Mr. Olson advised City Staff received a response form from the Kishwaukee Water Reclamation District indicating support for the petition and a response form from George Potter of 724 Krpan Court objecting to the proposal. He added Mr. Potter noted concerns regarding parking on Krpan Court during an open house and Chamber of Commerce ribbon cutting in July. Mr. Olson stated this was a one-time event and the Police Department has indicated they have not received any complaints regarding parking on Krpan Court due to Adventure Work’s operations. Mr. Olson advised staff recommend approval of the proposal. He stated the agency has been an asset to the community and the expansion of services will be a benefit to their clientele and the community. Vice Chair McMahon gave the public an opportunity to speak. There was none. Vice Chair McMahon gave Commission members an opportunity to speak. Ms. O’Flaherty advised the proposal is an excellent use for the vacant lot. She said it’s located in an unusual spot and this is the best possible use for it and provides much needed space for Adventure Work’s activities. Vice Chair McMahon agreed with Ms. O’Flaherty and stated he appreciates Adventure Works investing in the community. Planning and Zoning Commission September 7, 2021 Page 4 of 6 Ms. O’Flaherty moved that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning of the property located at 1221 Sycamore Road from the “SFR-2” Single Family Residential District to the “PD-R” Planned Development Residential District, approval of a waiver to the UDO to allow a Planned Development under two acres and approval of the incorporation of the subject property into the regulations of Ordinance 2018-068 except the allowance for a dwelling unit shall be removed. Ms. Stoker seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker – Yes, Mr. Becker – Yes, Ms. Pena-Graham – Yes, Vice Chair McMahon – Yes. Mr. Wright and Chair Maxwell were absent. Motion Passed 5-0-2. 2. Final Plat of Subdivision – A petition for approval of a Preliminary and Final Plat of CST Subdivision – Harvestore Dr (CST Industries Inc). Jeff Miller, representing CST Industries Inc, stated they are the largest global manufacturer of storage tanks. He advised their DeKalb manufacturing center produces the majority of all glass lined tanks throughout North America and the Middle East. He mentioned the DeKalb facility has been operational for 55 years and has produced more than 100,000 tanks. Mr. Miller advised they have an approximately 60-acre site here in DeKalb. He noted the southern portion of the site has been vacant with no operational activity. He noted CST Industries has been approached on several occasions by businesses looking to purchase the land. He advised after much discussion, they have decided it would be best use of the land to subdivide the lots for future developers. He stated they are proposing to subdivide the parcel into 3 lots. He advised lot 1 is currently leased, lot 2 would be the largest and is currently vacant, and lot 3 would be maintained by CST Industries as a water retention area. Mr. Miller mentioned even with the subdivision and possible sale of the southern lots, CST Industries still has more than adequate space for parking and storage on both the northern and southern side of their complex. Principal Planner Dan Olson went through the staff report dated September 2, 2021. He advised the proposed subdivision would create 3 lots of varying sizes. He noted the proposed lot 1 is 2.85 acres, lot 2 is 9.07 acres, and lot 3 is 1.35 acres. He stated lot 3 is designated as a stormwater detention pond for the development. Planning and Zoning Commission September 7, 2021 Page 5 of 6 Mr. Olson said roadway access will be from Harvestore Drive and a 50-foot ingress/egress easement will be located over the existing private drive to allow access to the CST Industries property. He added a 15-foot private sanitary sewer easement is proposed along the west side of the subdivision and a 10- foot easement extends over an existing private water service line along the east side of the site. Vice Chair McMahon gave the Commission an opportunity to speak. Mr. Becker advised the Commission’s most important job is to find the best use for any given property and this proposal reflects that. He appreciates the proposal will bring in more commercial and industrial businesses. Vice Chair McMahon inquired if the purpose of this proposal is to subdivide the land for sale. Mr. Miller advised that is the main purpose for the subdivision and several parties have approached CST Industries to purchase lots 1 and 2, but nothing has been finalized. Mr. Becker moved that the Planning and Zoning Commission recommend approval of the Preliminary and Final Plat of CST Subdivision (two sheets) dated 9-1-21 prepared by Jade Hanna Surveyors as shown on Exhibit A subject to all staff comments being adequately addressed prior to recording of the Plat. Ms. Stoker seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker – Yes, Mr. Becker – Yes, Ms. Pena-Graham – Yes, Vice Chair McMahon - Yes. Mr. Wright and Chair Maxwell were absent. Motion Passed 5-0-2. F. REPORTS Mr. Olson advised there are no public hearings scheduled for September 20th meeting and will most likely be cancelled. He added the next meetings will be on October 4th and October 18th and the meeting on the 18th will be at the Police Department. Mr. Olson stated on August 23rd, the City Council approved the 1221 W Lincoln Highway rezoning and the Project Barb plat. G. ADJOURNMENT Planning and Zoning Commission September 7, 2021 Page 6 of 6 Ms. Pena-Graham motioned to adjourn, Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:31 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT September 30, 2021 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Text Amendments to Chapter 23 of the Municipal Code - Unified Development Ordinance – Auto Detailing, Car Washes, Service Facilities BACKGROUND AND ANALYSIS The City has initiated a text amendment to the UDO to create the use “auto detailing” so it is separate from a “car wash”. A proposed auto detailing business would like to locate along Sycamore Road on a “GC” General Commercia zoned site, however the UDO only lists car washes as special use in that district. The amendments would add “auto detailing” in the LC, GC and LI zoning districts as a permitted use and as a special use in the CBD District. In addition, the proposed amendments would add car washes as a permitted use in the LI district and modify the use “service facilities” in the LC district to allow minor vehicles services. The specific amendments are as follows: Add the use “auto detailing” to Article 3 “Definitions” of the UDO and the following definition: “The cleaning, polishing, waxing and hand washing the interior and exterior of automobiles (passenger vehicles) by employees but excluding car washes and vehicle services facilities as defined in this Ordinance.” The use distinguishes itself from car washes and requires employees to conduct the cleaning services. Add “auto detailing” as a permitted use in the “LC” Light Commercial District. Adding the use “auto detailing” to the LC District as a permitted use automatically adds it as a permitted use in the GC District. Add “auto detailing” and “car washes” as a permitted use in the “LI” Light Industrial District. The LI District has other auto related uses such as vehicle service facilities and automobile/truck rental so adding these uses is consistent with the intent of the LI District. Add “auto detailing” as a special use in the “CBD” Central Business District. Car washes are prohibited in the CBD District, however an auto detailing facility could be compatible in some locations in the CBD. There is an auto detailing business in the building containing Lovell’s Discount Tires. It was allowed as part of the planned development ordinance for Lovell’s. Modify the use “service facilities” in the LC district to allow minor vehicles services. Service facilities is listed as a permitted use in the LC District (and automatically in the GC Dist.) and includes several service use examples (e.g. hair salons, locksmiths). We propose to add “minor vehicle services not included under Vehicle Service Facility”. This would allow minor services such as car window tinting as a permitted use in the LC and GC Districts. The proposed business on Sycamore Road would like to offer this service along with the auto detailing. RECOMMENDATION Sample Variation Motion: Based on the submitted petition and testimony presented, I move the Planning and Zoning Commission recommend to the City Council approval of text amendments to the Unified Development Ordinance regarding auto detailing, car washes and service facilities as indicated in Exhibit A of this report. Page |2  EXHIBIT A ARTICLE 3 DEFINITIONS Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Article shall have the meaning indicated when used in this Ordinance. 3.01 Definitions Abandonment: To cease or discontinue a use or activity without intent to resume. This definition excludes temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility. Also, ceasing an activity during normal periods of vacation or seasonal closure shall not constitute abandonment. Abutting: Having a common border with or being separated from such a common border by a right-of-way, alley or easement. Accessory Use: (see also Home Occupation) A use incidental to, and on the same zoning lot as, a principal use. An accessory use is subordinate in size, extent, and/or purpose to the principal use and contributes to the comfort, convenience, and/or necessity of the principal use being served. Adult Oriented Use: Any use which is predominately occupied by the sale, rental, lease, inspection, or viewing of media (whether print, electronic, magnetic or other) depicting or describing “specified sexual activities” or “specified anatomical areas” (which are further defined in Article 7.13), sale of materials used for “specified sexual activities,” the provision of live entertainment which depicts, describes, or characterizes “specified sexual activities” or “specified anatomical areas,” or any combination thereof. (1997-010) Alley: A public or private way permanently reserved as a secondary means of access to abutting property. Alteration: As applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress. This definition includes an enlargement of a building or structure, whether by extending a side or by increasing the height. Also, the moving of a building or structure from one location or position to another is considered an alteration. Antenna: (see Article 7, Subsection 7.08.02) Apartment: (see Dwelling, Multiple-Family) Automatic Teller Machine: (see Electronic Banking Facilities) (1998-041) Automobile Detailing: The cleaning, polishing, waxing and hand washing the interior and exterior of automobiles (passenger vehicles) by employees but excluding car washes and vehicle services facilities as defined in this Ordinance. Banquet Hall: An establishment which is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, business promotional events and similar celebrations. A Banquet Hall is not open to the public and the use is therefore restricted to the invitees of the party contracting for the use of the facility. Such use may or may not include: kitchen facilities for the preparation or catering of food; the sale of alcoholic beverages for on premise consumption only during scheduled events; and/or outdoor gardens or reception facilities. A Banquet Hall shall not include a Social Club as defined in the Municipal Code. Basement: (see also Story Above Grade) That portion of a building which is partly or completely below grade. 3-1 5.07 “LC” Light Commercial District 5.07.01 Purpose and Intent This section contains the district regulations for the “LC” Light Commercial District. These regulations are supplemented and qualified by additional general regulations elsewhere in this Ordinance which are incorporated as a part of this section by reference. The “LC” Light Commercial District is intended to be located in areas adjacent to collector streets and some arterial streets and is designed to accommodate the retail and limited service needs of a larger consumer population than is typically served by the Neighborhood Commercial District. 5.07.02 Permitted Land Uses and Developments in the “LC” Light Commercial District The following land uses and developments are permitted in this district: Any use permitted in the “NC” Neighborhood Commercial District, except those uses that may be modified in this list of permitted uses; Accessory uses; Automobile detailing; Automobile parts and accessory stores; Banks and other financial institutions, not including drive-through facilities; Bicycle stores; sales, rental, and repair; Catering establishments, including pizza delivery; Clothing and shoe stores; sales and repair; Clubs, lodges, meetings halls; Department, discount and variety stores; Drug stores; Greenhouses, nurseries, garden supply and seed stores; Food stores and grocery stores; convenience stores (excluding motor fuel on the premises); meat markets and bakeries; Funeral homes, mortuaries; Furniture stores with repair and re-upholstery only as an accessory use; Hardware stores; Household appliance stores, sales, service, and rental; Interior decorating stores, including carpet, paint, and wallpaper stores; Medical and dental offices; Musical instrument stores, sales and repair; 5-25  Museums and art galleries; Nursing and convalescent homes and retirement centers; Office supply stores; Optical sales, examinations; Pet stores and animal grooming shops; Public buildings used by any departments of the City, School District, Township, Park District, County, State, or Federal governments, except for vehicle maintenance, raw material storage and other similar type facilities; Radio, television and recording studios; Radio and television stores, sales and service; Recreation centers, health clubs, athletic clubs, and fitness centers; Restaurants, with or without alcohol (2008-064); Restaurants (fast-food), but not including drive-through facilities; Schools for business, professional or technical training; Service facilities including barber shops; and beauty shops; nail salons; copying and duplicating services; artists' studios; photographers; locksmith; shoe repair; tailors; music and dance instruction studios; typing and stenography services; suntan parlors; travel agencies and ticketing offices; minor vehicle services not included under “Vehicle Service Facility”; and other similar type uses. Specialty shops including antique shops; art and school supplies; bookstores; camera shops, including film developing; card and stationery shops; candy shops; florists; newspaper and magazine stores; gift and novelty shops, jewelry stores; pet shops; record shops; hobby shops and other similar type uses. Sporting goods stores; Theaters, indoor and auditoriums; Toy stores; NOTE: Any of the above permitted land uses and developments which include drive-through facilities are considered “Special Land Uses and Developments” (See Subsection 5.07.03). 5.07.03 Special Land Uses and Developments in the “LC” Light Commercial District The following land uses and developments may be permitted under conditions and requirements specified in Article 14, “Permits.” All permitted or special uses and developments which include drive-through facilities; Amusement establishments, but limited to bowling alleys, indoor skating rinks, swimming pools, video arcades, pinball and other similar non-gambling machine or table games (but specifically excluding activities involving the discharge of firearms, which are separately addressed herein as firing ranges); Animal boarding facilities; 5-26 5.09.03 Special Land Uses and Developments in the “CBD” Central Business District The following land uses and developments may be permitted under conditions and requirements specified in Article 14, “Permits”: All permitted on special land uses and developments which include drive-through facilities; Automobile detailing; New Automobile, truck and recreational vehicle sales, with vehicle repair and service facilities, rentals, or used car sales as an accessory use only; Bus and train stations/terminals; Dwelling units when located above the ground floor, with an allowed commercial use on the ground floor, and when located on lots having an area less than 1,500 square feet per dwelling unit; Outdoor Patios Public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be: adequately screened with landscaping, fencing or walls, or any combination thereof, or placed underground, or enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. All plans for screening these facilities shall be submitted as part of the special use permit application. Retail Tobacco Stores (see Article 7.17 regulations). 5.09.04 Prohibited Uses in the “CBD” Central Business District Pawn Shop, Cash Store, Title Loan Store, or any other use which loans money on deposit of personal property or deals in the purchase or possession of personal property on the condition of selling the same back to the depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property. This provision shall not be interpreted to prohibit banks, savings & loans or credit unions which are insured by the FDIC and which offer full service deposit, investment, and loan services; Rooming Houses and/or Lodging Houses; Cemeteries and Mausoleums; Community Residences; Outdoor storage of any type as a principal use; Car washes; Gasoline Stations or any other establishments selling motor fuel on the premises; Vehicle Repair and/or Service Facilities; 5-35 5.11 “LI” Light Industrial District 5.11.01 Purpose and Intent This section contains the district regulations of the “LI” Light Industrial District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Ordinance which are incorporated in this section by reference. The “LI” Light Industrial District's uses are intended to be conducted in a manner not detrimental to the rest of the community by reason of noise, vibration, smoke, dust, toxic or noxious materials, odor, fire, explosive hazards, glare or heat. 5.11.02 Permitted Land Uses and Developments of the “LI” Light Industrial District (2017-044) The following land uses and developments are permitted in this district: Accessory uses; Any use whose primary purpose includes the light manufacturing, fabricating, assembly, disassembly, processing or treatment of goods and products, including but not limited to: appliances, small motors; books, printed materials; clothing and textiles; drugs; electrical components; glass and ceramics; paper and paper products; plastic and fiberglass; sheet metal; tools; wood assembly and finishing; Airports, landing strips and heliports; Animal boarding facilities and animal shelters, subject to the provisions of 5.11.06, subparagraph 3 (below) (2003-139); Automobile detailing; Automobile, truck, trailer and recreational vehicle sales and rental; Boat and marine sales and service; Body Art Establishment Building-contractors office and materials storage; 5-44 Building material sales and storage; Bus and train stations and terminals; Business, professional, and technical training schools; Car washes; Cartage and express facilities; Data Center; Dwelling unit (one only) only when used by the caretakers and their families, who own or are employed in the allowable commercial or industrial use of the premises, and which may be located on the ground floor; Farm equipment sales and service; Fruit, Vegetable and grain processing, packaging, and storage; Gasoline Stations; Golf courses and other open space recreational uses; Ice processing, sales and storage; Lumberyards; Machinery sales, service and storage; Machine shops; Motor and rail freight terminals; Newspaper offices; Offices; Outdoor storage, as a principal use, except junkyards, salvage yards, and wrecked vehicle storage yards; Parking lots, as a principal use; Plating establishments; Plumbing and heating service and equipment stores; Printing and publishing establishments, duplicating services; Public buildings used by any department of the City, School District (except school buildings), Township, Park District, County, State, and Federal governments; Public utility facilities; Research laboratories and facilities; and 5-45 LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Monday, October 4, 2021 at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code, to add a definition for “automobile detailing” in Article 3, Definitions; add “automobile detailing” to the list of permitted uses in Article 5.07 “LC” Light Commercial District, Article 5.08 “GC” General Commercial District, and Article 5.11 “LI” Light Industrial District and to add “automobile detailing” in Article 5.09, “CBD” Central Business District as a special use. The proposed amendments also include adding “car washes” in Article 5.11 “LI” Light Industrial District as a permitted use and modifying the use “service facilities” in the “LC” Light Commercial District by allowing minor vehicles services. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115 by 12:00 p.m. on Monday, October 4, 2021 or by e-mail to dan.olson@cityofdekalb.com. Further information regarding the petition is available from the Community Development Department at (815) 748-2070 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT September 30, 2021 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Principal Planner RE: Variance – 133 Gurler St. (Adam Hart) I. GENERAL INFORMATION A. Purpose To allow a six (6)-foot high privacy fence to encroach into the front yard along Haish Blvd. B. Location/Size 133 Gurler St./ .16 acres C. Petitioner Adam Hart D. Existing Zoning “TFR”, Two-Family Residential E. Existing Land Use Single-Family Home F. Surrounding Zoning and Land Use North: “TFR”; Single-Family Residential South: “RC1”; Single-Family Residential East: “TFR”; Single-Family Residential West: “TFR”; Single and Two-Family Residential G. Comprehensive Plan Designation Medium Density Residential II. BACKGROUND AND ANALYSIS The petitioner, Adam Hart, is requesting a variance to Article 7.06 “Fences” of the Unified Development Ordinance (UDO) to allow a six (6)-foot high privacy fence at 133 Gurler St. to encroach into the front yard along Haish Blvd. The lot is located on the northeast corner of Gurler St. and Haish Blvd. For corner lots, Article 7.06.4(b) of the UDO allows privacy fences no higher than three (3) feet in any yard that fronts a street. The maximum height for an open fence in the front yard is four (4) feet. The fence is proposed to run from the northwest corner of the home to the edge of the sidewalk (west property line) along Haish Blvd. and then to the north property line and then east to match up to an existing fence. The applicant is intending to replace a previous six (6) foot high open fence that was in the front yard along Haish Blvd. but did not extend all the way to the rear lot line (see image in packet). Prior to 2009, the UDO allowed privacy and open fences up to six (6) feet in height in the yards abutting a street for corner lots if that yard did not serve as the access for the lot. The previous fence was installed prior to 2009 and was legal non-conforming. The applicant notes the reason for the fence at the proposed location is for security purposes, enclosure for his dog and to avoid removing a large oak tree. The edge of the oak tree is located about 30 feet north of the home and about four (4) feet from the sidewalk (see attached survey showing location). The tree is about 9 feet in circumference (2.86 feet in diameter) and estimated at 170 years old (see images in packet). A six (6) foot high privacy fence could be located in-line with the west side of the home and extend straight north to the sidewalk as shown on the provided marked up survey. This would, however, require the removal of the large oak tree. The fence could be also placed at 9.5 feet from the edge of the sidewalk along Haish Blvd. (distance to edge of house) and then run parallel with the walk all the way to the north property line. The fence would avoid the large oak tree but be close enough to possibly damage the roots. In addition, the remaining yard area (between the fence and sidewalk) along Haish Blvd. would reduce the overall usable rear yard by about 20%. The placement of the fence as proposed by the petitioner would locate the fence at the greatest distance possible away from the oak tree and at the same time allow the most efficient use of the backyard. The intent of the current regulations, in part, is to avoid six-foot high privacy fences in the front yards on corner lots where there is an adjacent front yard of a home. This situation could result in a partially blocked view of the front of the adjacent home. In this case, the home directly north of the subject site at 320 Haish Blvd. is adjacent to the rear yard of subject lot. The view of the front of the home as you go north on Haish Blvd. would only be slightly blocked, however a six (6) foot high privacy fence could be located along much of the north property line of 133 Gurler St. without a variance to the UDO. In addition, there is a large oak tree on the lot at 320 Haish Blvd. that partially blocks the home. It should be noted that Haish Blvd. is a very narrow and a dead-end street. The subject lot is long and narrow with a dimension of 50 feet by about 150 feet and approximately 7,500 sq. ft. The other lots in the neighborhood vary a great deal in size Page |2 and shape and land use. The lot directly to the east of the site at 129 Gurler St. is the same size lot and configuration but would be allowed a privacy fence that would enclose more yard area than 133 Gurler St. III. FINDINGS OF FACT FOR VARIATIONS The request has been reviewed using the criteria regarding variances stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. The subject lot is a corner lot and the regulations in the UDO allow only for a three-foot- high privacy or a four-foot-high open fence in the yard adjoining Gurler St. and Haish Blvd. If the applicant would construct a six-foot-high privacy fence as allowed by the UDO, it would extend from the NW corner of the house straight north and would require the removal of a large oak tree. The tree is about 9 feet in circumference and estimated at 170 years old. The fence could be also placed at 9.5 feet from the edge of the sidewalk along Haish Blvd. (distance to edge of house) and then run parallel with the walk all the way to the north property line. The fence would avoid the large oak tree but be close enough to possibly damage the roots. In addition, the remaining yard area (between the fence and sidewalk) along Haish Blvd. would reduce the overall usable rear yard by about 20%. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The subject lot is .16 acres and has existed since the 1890’s when the subdivision plat for Andrew Peterson’s Addition was recorded. The applicant purchased the lot in December 2020. The existing conditions of the property and resulting variance request are not a result of the applicant, but rather due to the size, location and layout of the lot, which was established in the 1890’s. Prior to 2009, the UDO allowed privacy and open fences up to six (6) feet in height in the yards abutting a street for corner lots if that yard did not serve as the access for the lot. The previous fence was installed prior to 2009 and was legal non-conforming. In addition, there is an approximate 170 year old oak tree that would have to be removed or possibly damaged if the fence was constructed per the UDO regulations. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. The subject property is a corner lot which limits the area where a six-foot high privacy fence can be placed in the yard facing Haish Blvd. There is an exceptional hardship based upon the shape and size of the lot and a large oak tree that would have to be removed or damaged if the applicant placed the fence allowed per the UDO. Page |3 The subject lot is long and narrow with a dimension of 50 feet by about 150 feet and approximately 7,500 sq. ft. The other lots in the neighborhood vary a great deal in size and shape and land use. The lot directly to the east of the site at 129 Gurler St. is the same size lot and configuration but would be allowed a six (6) foot high privacy fence that would enclose more yard area than 133 Gurler St. 4. The denial of the proposed variance will deprive the applicant of the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. If the applicant would construct the six-foot-high fence as required by the UDO, it would only be allowed to extend from the NW corner of the house straight north and would leave a smaller usable rear yard than the lot directly east of the site (129 Gurler St.). The lot at 129 Gurler St. is the same size and dimension as the subject lot. Corner lots are typically made larger in size than non-corner lots so that more yard area is available after the larger setbacks are applied to two of the four lot lines. 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. A six (6) foot high open fence previously was located in the front yard along Haish Blvd. in the same general location of the proposed fence and was compatible with the area. There is a six (6) foot high privacy fence along the west property line of the lot directly to the east at 129 Gurler St. The proposed fence will not alter the character and scale of the structures in the area in which the variance is being requested. 6. The proposed variation will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. The construction of the fence as proposed will not impair an adequate supply of light and air to adjacent properties. Furthermore, the proposed fence will not impair the public health and safety and will not have a negative impact on the surrounding neighborhood. A six (6) foot high open fence was previously located in the front yard along Haish Blvd. for many years and did not impair the property values in the area. The City received an e-mail from Gregory Clark, owner of 203 and 203 1/2 Gurler St. indicating support for the variance request. The City also received a Citizen Response Form from Betty and Marc Van Tassel of 311 Haish Blvd noting support for the variance request. The form states they do not feel the proposed fence will not impede traffic or cause any safety issues. Page |4 IV. PUBLIC INPUT The City received an e-mail from Gregory Clark of 203 and 203 ½ Gurler St. (directly west of the subject site) indicating no objections to the fence. The City also received a Citizen Response Form from Betty and Marc Van Tassel of 311 Haish Blvd noting support for the variance request. V. RECOMMENDATION Per the UDO, decisions to approve or deny variances lie solely with the Planning and Zoning Commission. In the granting of variances, the Commission may impose such reasonable conditions that will ensure the use of property will be as compatible as practical with the surrounding properties. Sample Variation Motion: Based on the submitted petition, testimony presented and findings of fact, I move that the Planning and Zoning Commission approve a variance to Article 7.06 “Fences” of the Unified Development Ordinance to allow a six (6)-foot high privacy fence to encroach into the front yard along Haish Blvd. for the property located at 133 Gurler St. as shown on the site plan dated September 30 labeled as Exhibit A Page |5  VARIANCE REQUEST TO: Planning and Zoning Commission, City of DeKalb, Illinois FROM: Petitioner Name(s) Adam Hart Phone 509-220-8095 Mailing Address 133 Gurler St. City DeKalb State IL ZIP 60115 Email zimripple@yahoo.com Property Owner Name(s) Adam Hart Phone 509-220-8095 Mailing Address 133 Gurler St. City DeKalb State IL ZIP 60115 Email zimripple@yahoo.com 1. The petitioner hereby petitions the Planning and Zoning Commission to approve a Variance Request for the following property A. Common Address of Property 133 Gurler St. B. Parcel Identification Number (PIN) 08-22-427-005 C. Legal Description – attach additional page(s) if necessary 2. Current Zoning District TFR Current Use Residential 3. From what portion of the Unified Development Ordinance are you requesting a variance? Article 7 Section 06 Paragraph 4b Updated:9/2020  VARIANCE REQUEST Page 2 of 3 4. The petitioner hereby submits the following:  Variance Fee ($100.00 Residential; $250.00 Non-Residential)  Plat of Survey of the property showing lot lines, location of existing buildings, structures, and other improvements, and a scale drawing of the proposed addition(s) or change(s) requiring the variance  Documentation attached on additional page(s) that supplies the following: A. Explain the nature of the variance requested and attach a scale drawing of the survey of the property showing lot lines, location of existing buildings, structures and other improvements, and showing the proposed addition or change requiring the variance. B. Describe in detail how the strict application of the terms of the ordinance relating to the request for a variance imposes practical difficulties or particular hardship while not serving merely as a convenience to the petitioner. C. Demonstrate the request for a variance will be in harmony with the general purpose and intent of the ordinance by clarifying the request will NOT: 1) Impair an adequate supply of light and air to adjacent property, 2) Unreasonably increase congestion upon public streets, 3) Increase the danger of fire or endanger public safety, 4) Unreasonably diminish or impair established property values within the surrounding area, 5) In any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. D. Demonstrate that denial of the request for a variance will: 1) Prevent the property in question from yielding a reasonable return if only permitted to be used under the conditions allowed by ordinance, 2) Prove the exceptional conditions were not caused by the applicant, 3) Prove the proposed variance will deprive the applicant the use of the property in a manner equivalent to the use permitted to be made by owners of property in the area, 4) Result in a structure that is appropriate to and compatible with the character and scale of structures in the area. *The petitioner hereby states that a pre-application conference ( was /  was not) held with City staff prior to the submittal of this petition Date of meeting 9/9/2021 Those in attendance Dan Olson, Adam Hart, Robert Hart *Note to Petitioner: A pre-application conference with staff is highly encouraged to avoid delays and help in the timely processing of this petition. Updated: 9/2020  VARIANCE REQUEST Page 3 of 3 5. The petitioner hereby agrees that this petition will be placed on the Planning and Zoning Commission’s agenda only if it is completed in full and submitted in advance of established deadlines. 6. The petitioner hereby agrees to abide by the requirements set forth in the Planning and Zoning Commission’s Public Hearing Procedures. I hereby swear that all statements contained herein, and any plans and papers submitted herewith, are true to the best of my knowledge and belief. 9/13/2021 Petitioner Signature Date 9/13/2021 Property Owner Signature Date Updated: 9/2020 City of DeKalb – Variance Request Application 9/13/2021 I am requesting a variance to article 7.06 as this regulation places the desired fence directly through a large 9’ diameter Oak Tree, creating a significant practical difficulty and particular hardship. Additionally, due to the type of lot and location of the home this would put the fence at over 8’ away from the sidewalk angling towards it, failing to enclose a large portion of the back yard. I request an allowance to build the desired 6’ high privacy fence on the sidewalk side on the tree, directly along the sidewalk. This gives the greatest, but still short, distance from the tree and its root base. Any closer would pose a greater risk to the tree and potential impacts with large roots by the fence support 4x4s when going to the required 42” depth. As stated above, the removal or circumvention of the 170-year-old large Oak tree poses a significant hardship while also fails to enclose a large portion of the yard. The proposed fence is meant to serve multiple purposes not met by a 4’ 50% see through fence. Having noticed unknown people cutting through the yard in the past I intend the fence to add security. There is also a shed in the back yard I use to house valuable tools and property. A 4’ see through fence is easily climbed over, while also provides a view into the yard of potential items of value. Second, I have a 5-year-old Siberian Husky rescue. As Huskies are known for, he is an escape artist of some talent, and a 4’ fence poses little challenge for his abilities if desired. This fence is meant to also serve as an enclosure for him to have the freedom to roam the back yard. Being a rescue animal he grew up in poor conditions and still has anxiety from this time, being particularly sensitive to children and larger males. While not an aggressive dog by any means, he does get very defensive of what he considerers his territory or resources. A 50% see through fence leaves ampul room for people to reach in, and being an exceptionally beautiful husky I would not blame them for attempting to pet him through the fence. This is something I would rather not risk, while also not increasing his anxiety with a view of sidewalk traffic’s close proximity. A full privacy fence would serve all purposes to a better degree, and matches similar fences in the area. Replacing the previous fence in this same location with the proposed fence can only add value and beauty to the neighborhood, particularly considering the state of the fence removed from the same location.  The location of the proposed fence does not effect the supply of light and air to any adjacent properties. The rear of the fence adjacent the only property this fence abuts is already allowed to be 6’ & 100%. The section of fence this variance effects is not adjacent any other private property. The proposed fence has no effect on public street congestion in this area and does not interfere with driver’s vision between any traffic lanes from any angle. The proposed pressure and weather treated fence does not pose any danger of fire or any safety hazards. In fact the opposite, it will engender a more secure environment. The proposed fence will be built with quality materials with the assistance of skilled professionally and painted to match. Compared to the previous fence or nothing at all the proposed fence will again do the opposite of impairing or diminishing the surrounding area’s property value. The proposed fence will in no way impair, but instead improve the above qualities by the reasons listed above. The conditions allowed by the ordinance would require the removal of a very large, beautiful, and historic Oak Tree which has graced this neighborhood for well over 100 years. Additionally, the added cost would be significant, and circumvention to a sufficient degree unreasonable in the cost and lost space. The Oak tree in question has been standing since roughly around the time of the American Civil War. Unfortunately, I cannot claim to have planted it. The proposed fence allows for the same security and enclosure of other property owners in the area, particularly non-corner lots, and does not even affect the entire run of this fence, but rather only a portion of it.  There are numerous other 6’ privacy fences in the area which this fence would match, improving and beautifying the neighborhood. I believe this fence is certainly compatible in character and scale with the surrounding area, and my neighbors I have discussed it with agree. LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Monday, October 4, 2021 at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by Adam Hart requesting a variance to Article 7.06 “Fences” of the Unified Development Ordinance to allow a six (6)-foot high privacy fence to encroach into the front yard along Haish Blvd. and approval of other such variations or relief as required to accommodate the proposed request on the subject property, which is located at 133 Gurler St., has a Parcel Identification Number (PIN) of 08-22-427-005 and is zoned “TFR” Two-Family Residential. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115 by 12:00 p.m. on Monday, October 4, 2021 or by e-mail to dan.olson@cityofdekalb.com. Further information regarding the petition is available from the Community Development Department at (815) 748-2070 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission From: GL C To: Olson, Dan Cc: JERILYNN SPANN Subject: Article 7.06 Date: Monday, September 20, 2021 8:11:31 PM [NOTICE: This message originated outside of the City Of DeKalb mail system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good Day Mr Olson. I received the letter about 133 Gurler Street intentions about a privacy fence. I have no immediate objections. I am curious as to why I was not allowed to extend my Fence or erect one on the east side of my property. No city approval was granted. Now it is up for consideration across the street. I wish to be allowed the same rights as my fellow homeowner. Enclosed are pictures of what I am talking about. Thank you for your time. Sincerely. Gregory L Clark