Planning & Zoning Board

October 26, 2021 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Aranas called the Tuesday, October 26, 2021 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in-person and via zoom. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Christopher Dabovich Chris Derrick Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Absent: None City Staff Present: Tracy Jones, Staff Planner Joe Tebrugge, Director of Engineering II. APPROVAL OF MINUTES - OCTOBER 12, 2021 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. OLD BUSINESS ZA #21-20/ TEXT AMENDMENT AND PUD/ 250 E. ROOSEVELT ROAD/ QUATTRO DEVELOPMENT LLC Chair Aranas stated that a public hearing was initially called to order on August 24, 2021 and has been continued multiple times to consider an application requesting an amendment to the text of the Wheaton Zoning Ordinance and a special use permit for a planned unit development to allow the construction and use of two commercial buildings, a 10,000 square foot nursery school and a 3,500 square foot urgent care facility (business and professional office) on the property commonly known as 250 E. Roosevelt Road. The subject property would remain in the O-R Office Research District. Chair Aranas stated that most recently the Board reconvened this public hearing on Tuesday, October 12, 2021. Following a presentation by the zoning applicant and questions and comments from the Board and public on Tuesday, October 12, 2021, the Board continued this public hearing again until Tuesday, October 26, 2021. The Board requested that the applicant revise all their plans for the next meeting to match the concept plan for a combined access drive on to Roosevelt Road with the 222 E. Roosevelt Road property that was presented to the Board at their October 12, 2021 meeting. Staff Planner Jones stated that since the October 12, 2021 meeting, staff received an email from the applicant stating that they do not have adequate time to revise all their plans by the Tuesday, October 26, 2021 meeting and that they are requesting another continuation until Tuesday, November 9, 2021.  Wheaton Planning and Zoning Board October 26, 2021 Page - 2 - of 4 Staff Planner Jones stated that City Staff is supportive of the continuation request and would recommend that the Board take public comment and testimony from anyone is attendance tonight and then continue the public hearing until Tuesday, November 9, 2021 for further information and discussion. There was no one in attendance either in-person or via zoom who wanted to provide public comment and testimony. However, a letter from Micki Stern, 423 West Thomas Road, Wheaton was received and incorporated into the record. Ms. Horejs moved and then Mr. Derrick seconded the motion to continue the public hearing until Tuesday, November 9, 2021. On a voice vote, all voted aye. V. NEW BUSINESS ZA 21-23/ INTERIOR SIDE YARD SETBACK VARIATION/ 301 W. OAK AVENUE/ SCHALLER Pursuant to notice duly published on October 8, 2021, and letters mailed to neighboring property owners on October 6, 2021, Chair Aranas called to order the October 26, 2021 public hearing requesting a variation to Article 3.4A.5a of the Wheaton Zoning Ordinance to allow the construction of a patio, seat wall, and pergola with an interior side yard setback of approximately .5 feet in lieu of the required 6.0 feet, all on property located at 301 W. Oak Avenue. Eric Galloway, 31W478 Diehl Road, Naperville was sworn in. Mr. Galloway stated that he works for Western DuPage Landscaping, and he is the landscaper working on this project. He stated that his client is requesting a variation to Article 3.4A.5a of the Wheaton Zoning Ordinance to allow the construction of a patio, seat wall, and pergola with an interior side yard setback of approximately .5 feet in lieu of the required 6.0 feet. The proposed setbacks from both the front (east) and rear (west) property lines are fully complaint. Mr. Galloway stated that his client purchased the property in 2018 with an existing patio is the same general location. The existing patio has a .5 foot interior side yard setback. The applicant plans to maintain the existing .5 foot setback when reconstructing the patio. The expansion of the patio would occur in an area where an existing tree would be removed, and this area would also maintain the existing .5 foot setback. The applicant is proposing the addition of a seat wall and pergola with the new patio space. Mr. Galloway stated that since the existing house has an interior side yard setback ranging between 9.0 and 12.5 feet, there is a limited area in which to construct a patio without a variation on this side of the property. As previously stated, his client plans to reconstruct and expand the existing patio footprint while maintaining the current .5 foot patio setback that has existed since at least 2018. There is also no alternate location on the subject property for a patio space. Mr. Galloway addressed the variation evidence standards as required by the Wheaton Zoning Ordinance. He stated that the proposed variation would not be detrimental to the public health, safety, morals, comfort, convenience, or general welfare of the neighboring property owners. Chair Aranas questioned whether the applicant was comfortable with the condition that the roof of the pergola cannot extend beyond the property line that was included in the staff memo. Mr. Galloway stated that his client was fine with this condition. Chair Aranas questioned whether the applicant was comfortable with the two engineering conditions included in the staff memo.  Wheaton Planning and Zoning Board October 26, 2021 Page - 3 - of 4 Mr. Galloway stated that his client was fine with these conditions too and that he would work with engineering staff to ensure that these conditions are addressed during the permit submittal. Chair Aranas questioned whether the applicant would be able to obtain a temporary construction easement from the adjacent neighbor to install the patio. Mary Schaller, 301 W. Oak Avenue, Wheaton was sworn in. Ms. Schaller stated that she was the property owner and that she had spoken to her neighbor’s sister, who has the power of attorney for the property, and there would be no problem obtaining a temporary construction to install the patio. The Board discussed the request and decided that the variation requested was the minimum variation necessary to construct a usable patio and that the new patio was essentially replacing the existing patio on a same for same basis. The Board further decided that no additional information was needed on the request. Mr. Gudmundson moved and then Mr. Wanzung seconded the motion to close the public hearing. On a voice vote, all voted aye. Mr. Wanzung moved and then Mr. Derrick seconded the motion to waive their normal rules and vote this evening. On a voice vote, all voted aye. Mr. Gudmundson moved and then Mr. Dabovich seconded the motion to recommend approval of ZA #21-23, requesting a variation to Article 3.4A.5a of the Wheaton Zoning Ordinance to allow the construction of a patio, seat wall, and pergola with an interior side yard setback of approximately .5 feet in lieu of the required 6.0 feet, subject to the following conditions: 1. The roof of the pergola cannot extend beyond the property line. 2. The site plan shows an “L” shaped retaining wall with the long leg of the “L” being along the property line and a short leg from the property line to the rear of the garage. The short leg must be constructed to not block the drainage from flowing from the patio to the west behind the garage. 3. The preliminary engineering plan does not show grading information and shall be subject to further staff review prior to the issuance of a site development permit. Roll Call Vote Ayes: Nicole Aranas Chris Dabovich Chris Derrick Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Nays: None Absent: None Motion Passed Unanimously VI. MISCELLANEOUS There was none.  Wheaton Planning and Zoning Board October 26, 2021 Page - 4 - of 4 VII. ADJOURNMENT Mr. Plunkett moved and then Mr. Derrick seconded the motion to adjourn the meeting at 7:28 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner