Zoning Board of Appeals

150 West Jefferson Street City of Joliet Joliet, IL 60432 Zoning Board of Appeals Meeting Minutes Board Members Vincent Alessio Ed Hennessy Pat McShane Bob Nachtrieb Jim Riggs Brigette Roehr Colette Safford Thursday, October 21, 2021 2:00 PM City Hall, Council Chambers As of August 30, 2021, Governor Pritzker announced a statewide indoor mask mandate for all Illinois residents, regardless of vaccination status. In compliance with Governor Pritzker’s mandate, any individual appearing in person must wear a face-covering to cover their nose and mouth. Citizens who are unable to attend the meeting can email comments in advance of the meeting to publiccomment@joliet.gov. CALL TO ORDER ROLL CALL Present Ed Hennessy, Vincent Alessio, Bob Nachtrieb, Jim Riggs, Colette Safford, Brigette Roehr and Pat McShane APPROVAL OF MINUTES September 16, 2021 Zoning Board of Appeals Meeting TMP-2535 Minutes Attachments: 091621 Minutes A motion was made by Bob Nachtrieb, seconded by Colette Safford, to approve the September 16, 2021 Zoning Board of Appeals Meeting Minutes. The motion carried by the following vote: Aye: Hennessy, Alessio, Nachtrieb, Riggs, Safford and McShane Abstain: Roehr CITIZENS TO BE HEARD ON AGENDA ITEMS OLD BUSINESS: PUBLIC HEARING Page 1 of 6 Zoning Board of Appeals Meeting Minutes October 21, 2021 During the Public Hearing, members of the public will be allowed to present evidence and ask questions subject to the rules of the meeting. NEW BUSINESS: PUBLIC HEARING During the Public Hearing, members of the public will be allowed to present evidence and ask questions subject to the rules of the meeting. PETITION 2021-56: A Variation on side yard setback from 8 TMP-2609 ft. to 2.68 ft. for an 18 ft. x 24 ft. covered patio, located at 403 S. Raynor Avenue. Attachments: ZBA 2021-56 (403 S. Raynor Avenue) Staff Report Packet Mr. Jim Torri read the staff report into the record. Chairman Hennessy swore in Mr. Chavez 403 S. Raynor Avenue, Joliet, Il. Mr. Chavez appeared on behalf of this petition. Ms. Roehr asked who completed the work, Mr. Chavez stated he completed the work along with a friend. Ms. Roehr asked if an Inspector inspected the structure, Mr. Torri stated that the issue was not having a building permit there were no code violations. Chairman Hennessy asked if it imposed on the next door neighbor, Mr. Torri said no, the current side yard setback is non-conforming. Chairman Hennessy asked if any one else would like to speak about this petition. No one came forward. A motion was made by Colette Safford, seconded by Vincent Alessio, to approve PETITION 2021-56: A Variation on side yard setback from 8 ft. to 2.68 ft. for an 18 ft. x 24 ft. covered patio, located at 403 S. Raynor Avenue. The motion carried by the following vote: Aye: Hennessy, Alessio, Nachtrieb, Riggs, Safford, Roehr and McShane PETITION 2021-57: A Variation of Use and a series of TMP-2610 Variations to allow continuation of a three-unit, an R-4 (multi-family residential) use, in an R-2 (single family residential) zoning district Attachments: ZBA 2021-57 (27 N. Hickory Avenue) Staff Report Packet Mr. Jim Torri read the staff report into the record. Chairman Hennessy swore in Mr. Steve Kuyawa, New Lenox, IL. Mr. Kuyawa appeared on behalf of this petition. Mr. Kuyawa is part owner of the company that owns the property. Chairman Hennessy asked when the property was purchased, Mr. Kuyawa believes the property was purchased in 2005, Mr. Torri stated the current owner purchased the property in 2012. Chairman Hennessy asked if the building had four units when it was purchased, Mr. Kuyawa said the property was the same as it is today, three units. Chairman Hennessy asked if Mr. Kuyawa converted the basement to create a fourth unit, Mr. Kuyawa said the Page 2 of 6 Zoning Board of Appeals Meeting Minutes October 21, 2021 building was empty when they purchased it. Mr. Torri said the property had four units before the current owner purchased it, Neighborhood Services noted that the basement unit was not in compliance or up to code so it had to be removed, since the current owner purchased the building it has only had three units. Mr. McShane asked how many people will be living in the building when it is fully rented. Mr. Kuyawa said the units are completely rented out now. Mr. Kuyawa said there are currently three families. Mr. Nachtrieb asked if Mr. Kuyawa was aware the building was zoned R-2 single family residential when he purchased it, Mr. Kuyawa said no, it was purchased as a foreclosure with limited information. Mr. Nachtrieb stated that Mr. Kuyawa's company DG Enterprises, LLC, has acquired around 70 properties since 2004, so the company is not unfamiliar with zoning requirements. Mr. Kuyawa stated there was a tremendous amount of properties purchased around that time. Mr. Nachtrieb asked Mr. Torri to read the property history timeline from the staff report. Mr. Torri read the following information from the staff report: 2005 / 2007 - Property sold to a new owner. City appears to have allowed this new property owner to continue the three-unit use for a 20-year amortization period, with the stipulation that the property must convert to a single-family use by January 2024. Property reentered into the Rental Inspection Program in 2007. 2012 - DG Enterprises LLC (current property owner) bought the property from a foreclosure / Sheriff sale. April 2021 - Neighborhood Services inspected the three-unit property per the Rental Inspection Program. six Year Certificate of Inspection issued that expires in May 2027. April 2021 - City notified the property owner that the property did not proper zoning for a three-unit. September 2021 - Property owner applied for a Variation of Use to continue the three-unit. Mr. Nachtrieb asked who gave permission to allow the property owner to continue the non-conforming use for a 20 year period. Mr. Torri said the city was aware that this property has three units, when it became a public nuisance it was down-zoned to R-2 single family residential with a 20 year grace period to transform the home to single family. Mr. Nachtrieb asked if the provision still stands if this petition does not receive approval. Mr. Torri said yes, the petitioner has applied for approval now so the residence does not have to convert back to single family residential in 2024. Mr. Nachtrieb gave a statement of opposition from the President of the St. Pat's Neighborhood Association. Ms. Roehr asked if Neighborhood Services' rental inspections check for occupancy issues. Mr. Torri said yes, they check for overcrowding. Ms. Roehr how many people can occupy each unit, Mr. Torri said it depends amount of space available. Mr. Nachtrieb proposed a motion to keep the current ordinance in effect, meaning the property would need to be converted back to a single family home by January 2024. Mr. Nachtrieb & Chairman Hennessey stated the petitioner would still have a right to apply for another variation of use in the future. Mr. Page 3 of 6 Zoning Board of Appeals Meeting Minutes October 21, 2021 Kuyawa asked if the board members were moving to deny the petition based on the statement received from the St. Pat's Neighborhood Association President. Mr. Kuyawa said that the staff report states that there are no density issues at this property. Chairman Hennessy said the density issue is based on the entire neighborhood not just the property at 27 N. Hickory Street. Mr. Kuyawa said his property will not make or break the neighborhood. Mr. Kuyawa stated that he has done everything to be in compliance with Neighborhood Services and Zoning. Mr. Kuyawa said there are no issues at this property, they have been good neighbors with no calls for police service. Mr. Kuyawa said his property has adequate off-street parking and separate water service with shut off valves for each unit, he also said the property has been a three-unit since the 1910s. Mr. Kuyawa said the property was abandoned and considered a nuisance, then his company purchased it, fixed it up and it is no longer a nuisance. Mr. Kuyawa said three families will be misplaced if the use cannot be continued. Mr. Kuyawa said DG Enterprises LLC has a good track record in this community, Chairman Hennessy asked if Mr. Kuyawa met with the St. Pat's Neighborhood Association. Mr. Kuyawa said no, this is the first he has heard of the St. Pat's Neighborhood Association. Chairman Hennessy explained that Mr. Kuyawa can continue with the three-unit use until the expiration and use that time to meet with the neighborhood association to work something out. Mr. Kuyawa said he feels the company has met the burden of proof that they are not a nuisance, they are meeting all of the requirements for density. Chairman Hennessy said the property was zoned R-2 single family residential when it was purchased and Mr. Kuyawa was not aware, Chairman Hennessy said the purchase was in violation of the zoning laws. Chairman Hennessy explained that he purchased an illegal multi-unit building that was zoned single family residential. Mr. Kuyawa stated that Neighborhood Services has granted a six-year rental certificate and they have inspected the property multiple times. Chairman Hennessy closed the petition to the floor and asked for a vote. A motion was made by Bob Nachtrieb, seconded by Jim Riggs, to deny PETITION 2021-57: A Variation of Use and a series of Variations to allow continuation of a three-unit, an R-4 (multi-family residential) use, in an R-2 (single family residential) zoning district. The motion carried by the following vote: Aye: Hennessy, Alessio, Nachtrieb, Riggs, Safford, Roehr and McShane PETITION 2021-58: A series of Variations to allow a 24’ X 30’ TMP-2611 addition to an existing garage, located at 606 Western Avenue Attachments: ZBA 2021-58 (606 Western Avenue) Staff Report Packet Mr. Jim Torri read the staff report into the record. Chairman Hennessy swore in Mr. Ben Komar, 606 Western Avenue, Joliet, IL. Page 4 of 6 Zoning Board of Appeals Meeting Minutes October 21, 2021 Mr. Komar appear on behalf of this petition. Mr. Komar explained the original garage was built for a model T car. Mr. Komar has worked with an Architect to make sure that the new garage meets the style of the home. Ms. Roehr asked if there will be an issues with all of the utility lines in the back, Mr. Komar answered that the utility lines on his property have been buried, there are utility poles along the opposite side of the alley. Chairman Hennessy asked if any one else would like to speak about this petition. No one came forward. A motion was made by Bob Nachtrieb, seconded by Vincent Alessio, to approve PETITION 2021-58: A series of Variations to allow a 24’ X 30’ addition to an existing garage, located at 606 Western Avenue. The motion carried by the following vote: Aye: Hennessy, Alessio, Nachtrieb, Riggs, Safford, Roehr and McShane PETITION 2021-59: A Special Use Permit to allow TMP-2575 construction of an automobile and truck fueling center, located at NWC of Route 53 & Laraway Road. Attachments: Petition 2021-59 - NWC Route 53 & Laraway Road - ZBA Combined Staff Report Mr. Jim Torri read the staff report into the record. Chairman Hennessy swore in Mr. Andrew Smith, 5725 Foxridge Drive, Mission, KS. Mr. Smith appeared on behalf of this petition. Mr. Smith gave a presentation about the QuikTrip company. Mr. McShane asked if short term truck parking meant overnight, Mr. Smith said they do not offer overnight parking, lounges or showers for truck drivers. This fueling center is strictly for fueling and getting something to eat. Chairman Hennessy swore in Mr. Bob Wagner, 1835 W. Mine, Zion, IL. Mr. Wagner appeared in favor of this petition. Mr. Wagner said this is a great addition to Joliet with all of the truck traffic. Mr. Wagner has visited lots of QuikTrip fueling stations and they have great service and nice employees. Chairman Hennessy asked if any one else would like to speak about this petition. No one came forward. A motion was made by Brigette Roehr, seconded by Vincent Alessio, to approve PETITION 2021-59: A Special Use Permit to allow construction of an automobile and truck fueling center, located at NWC of Route 53 & Laraway Road. The motion carried by the following vote: Aye: Hennessy, Alessio, Nachtrieb, Riggs, Safford, Roehr and McShane OLD/NEW BUSINESS—NOT FOR FINAL ACTION OR RECOMMENDATION Page 5 of 6 Zoning Board of Appeals Meeting Minutes October 21, 2021 PUBLIC COMMENT ADJOURNMENT A motion was made by Brigette Roehr, seconded by Vincent Alessio, to adjourn the meeting. The motion carried by the following vote: Aye: Hennessy, Alessio, Nachtrieb, Riggs, Safford, Roehr and McShane This meeting will be held in an accessible location. If you need a reasonable accommodation, please contact Christa M. Desiderio, City Clerk, 150 West Jefferson Street, Joliet, Illinois 60432 at (815) 724-3780. Page 6 of 6