Board of Zoning Appeals

CITY OF HOBART BOARD OF ZONING APPEALS MINUTES OF SEPTEMBER 7, 2017 Stuart Allen called the meeting to order at 6:00 p.m. with the recitation of the Pledge of Allegiance followed by a moment of silence. Members in attendance: Stuart Allen, Mark Kopil, Ron Jackson, Jason Spain and Scott Gregory. Also in attendance: Sergio Mendoza, City Planner; Carroll Lewis, Zoning Administrator and Joy Respecke, Recording Secretary. Phil Gralik, City Engineer was absent. Approval of Minutes: Mr. Kopil motioned to approve the minutes of August 3, 2017 as presented, seconded by Mr. Jackson. All ayes, motion carried. (5-0) Communications/Acceptance of Agenda: Mr. Jackson motioned to approve the agenda as presented, seconded by Mr. Spain. All ayes, motion carried. (5-0) New Business 1. 17-17 3PP Hobart LLC/Chris Canarie/Tractor Supply (Petitioner/Owner) 4471 E. US Hwy 30 located 0.19 miles west of the SW corner of US Hwy 30 & Clay Street, Sec. 154.379 (G)(1), zoned B-3, 3.2 acres Request: Public Hearing: Developmental Standards Variance Purpose: To exceed the permitted 198 sq. ft. of signage by 102 sq. ft. for a pylon and wall sign Approved X Denied __ Deferred __ Vote 5-0 Representing 3PP Hobart LLC was David Howicz, Legend Realty Service, Naperville, IL 60564, (630) 464- 9008. Mr. Howicz requested a variance in order to allow standard size signage sensitive with traffic flow for the Tractor Supply Stores. He also mentioned the size and placement of the proposed signage along with the landscape plan was presented during the site plan approval. Mr. Allen opened and closed the public hearing for Petition 17-17 without public comments. Mr. Mendoza explained that the Plan Commission approved the site plan with the understanding that the petitioner would need to apply for a variance requesting additional square foot signage. Mr. Jackson motion to Approve Petition 17-17 including all discussion and Findings of Fact, seconded by Mr. Gregory. All ayes, motion carried. (5-0) 2. 17-18 Ruby Medellon (Petitioner/Owner) 2100 W. 3rd Place located on the NW corner of 3rd Pl. & Driftwood Dr. Sec, 154.007 Definitions, zoned R-1, 0.25 acre Request: Public Hearing: Developmental Standards Variance Purpose: To encroach 2’ into the building line and utility easement with a proposed 6’ vinyl privacy fence Approved X Denied ____ Deferred ____ Vote 5-0 Ruby Medellon, owner, and Ralph Nordyke, Lowe’s, were present to request the variance. Mr. Allen opened and closed the public hearing for Petition 17-18 without public comments. Mr. Mendoza mentioned the parcel is a corner lot platted with two building lines allowing for the initial construction of the home to face either street. The subdivision plat was recorded prohibiting any structures to go past the building line and according to the ordinance, a fence is identified as a structure. Mr. Spain motioned to Approve Petition 17-18 including all discussion and Findings of Fact, seconded by Mr. Jackson. All ayes, motion carried. (5-0) 3. 17-19 Edward Stojancevich (Petitioner/Owner) 314 W. 3rd Street located on the NE corner of 3rd & Ash Streets, Sec. 154.051 ©, zoned R-2, 0.17 acres Request: Public Hearing: Developmental Standards Variance Purpose: To encroach into the front yard; currently used as a side yard, for a proposed 8’x12’ shed Approved X Denied ____ Deferred ____ Vote 5-0 Edward & Denise Stojancevich, 314 W. 3rd Street, 973-6644 stated they have been in the process of renovating the property since they purchased it seven years ago in a foreclosure. Mr. Allen opened the public hearing for Petition 17-19. Bob Pettigrew & Margaret Mcilvenna: They stated they reside behind the property and agreed that they have updated their property and are in support of the proposed shed. Hearing no further public comments Mr. Allen closed the public hearing. Mr. Mendoza mentioned the property is very peculiar and that in 1989 a variance was presented before the BZA for an attached garage which at that time establishing the front yard. He stated that based on their decision in 1989, we will continue to honor their decision acknowledging the front yard. He also noted that staff had worked with the petitioners to place the proposed shed elsewhere but found it was unable to meet setback requirements. Mr. Jackson motioned to Approve Petition 17-19 including all discussion and Findings of Fact, seconded by Mr. Gregory. All ayes, motion carried. (5-0) Staff Consultation/Discussion: None There being no further comments or discussion Mr. Kopil motioned to adjourn seconded by Mr. Spain. All ayes, motion carried. (5-0) Meeting adjourned at 6:15 p.m. __________________________________ _________________________________ Stuart Allen, Chairman Ron Jackson, Secretary Page 2 BZAmin 9/7/17