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Plan Commission Minutes

VILLAGE OF NORTH AURORA
PLAN COMMISSION MEETING MINUTES
APRIL 3, 2018

CALL TO ORDER
Chairman Brackett called the meeting to order.

ROLL CALL
In attendance: Chairman Mike Brackett, Co-chairman Jennifer Duncan, Commissioners Doug Botkin, Mark Bozik, Tom Lenkart, Aaron Anderson, Anna Tuohy and Mark Rivecco. Not in attendance: Commissioner Connie Holbrook.

APPROVAL OF MINUTES
1. Approval of Plan Commission Minutes dated March 6, 2018
Motion for approval made by Commissioner Lenkart and seconded by Commissioner Tuohy. All in favor. Motion approved.

PUBLIC HEARING
1. Petition 18-04 (511 Sharon Lane) The petitioner requests a variance to allow additional fence height on the subject property.

2. Petition 18-05 The Village of North Aurora requests a text amendment to Title 17 of the North Aurora Municipal Code (Zoning Ordinance) amending the business district design standards.

3. Petition #18-06 (Property consisting of 1.53 acres of vacant land at the northwest intersection of Randall Road and Interstate 88) The Village of North Aurora requests a map amendment to rezone the subject property, which is currently zoned R-1 Single Family Residence District to the B-2 General Business District under the North Aurora Zoning Ordinance.

Chairman Brackett opened the public hearing. There were no questions at this time. Chairman Brackett then closed the public hearing.

NEW BUSINESS
1. Petition 18-04 (511 Sharon Lane) The petitioner requests a variance to allow additional
fence height on the subject property.

Troy Johnson, 511 Sharon Lane, North Aurora, IL – The petitioner addressed the Plan Commission requesting a variance to erect a 6-foot fence at the back of his yard and across to his garage. Most of the six foot fence would be hidden behind trees.

Community & Economic Development Director Mike Toth noted that this is a very atypical lot that fits into a number of different lot types. Staff concluded that the petitioner would be allowed to erect a four foot fence in the proposed area.

Commissioners Botkin and Bozik agreed that this is a unique situation due to the lot location. Chairman Brackett said that the only visible part of the fence would be between the right-of-way and the playhouse. Bozik asked the petitioner about the type of fence he planned to install. Mr. Johnson said it would be vinyl or wood and would be aesthetically pleasing.

Duncan asked if the neighbor on Sharon has a six foot fence. Answer was, yes. Duncan asked if there was an HOA for the subdivision. Answer was, no.

Commissioner Anderson said that where there is room for interpretation, he was in favor of the homeowner enjoying his property by allowing the six foot fence.

Charles Doolittle, 603 Hickory Court, North Aurora – Mr. Doolittle said that he has no issue with the fence if it is allowed by code. Toth said that the diagram areas shown in yellow can be done by right as six feet. The blue portion is in question. The petitioner can go four feet by code and he is requesting to go to six feet. Toth said the petitioner is requesting to go two feet higher only in a certain area. If the petitioner gets the variance, he will then be meeting code.

Commissioner Lenkart mentioned to the petitioner that although the fence is well camouflaged, to be cognizant to not be too close to the trees. Lenkart added that he likes the screen of the trees.

Bozik asked the petitioner where the gate will be installed. Johnson said it would be on the side of the garage, a little more than halfway toward the house.

Motion made by Commissioner Lenkart and seconded by Commissioner Botkin to accept the variance specifically for this lot and the layout for this lot to permit a six foot fence as recommended by Staff.

Roll Call Vote: Lenkart – yes, Tuohy – yes, Rivecco – yes, Anderson – yes, Duncan – yes, Bozik – yes, Botkin – yes. Motion approved (7-0).

2. Petition 18-05: The Village of North Aurora requests a text amendment to Title 17 of the North Aurora Municipal Code (Zoning Ordinance) amending the business district design standards
Mike Toth stated that the text amendment would allow Staff to have the flexibility to make design standards. The language will primarily stay the same as before, but with some minor changes. Wording will be changed from “musts” and “shalls” to “shoulds”.

Botkin stated that changing “musts” to “should” allows more flexibility but also leaves it very open to more subjectivity.

Bozik said his concern was that when this was originally written, it applied to all buildings within business districts. If an existing building came in to do a remodel or façade improvement, you would have the ability to regulate it. With the changes, the only time we can capture this is in the site plan review process or a special use process.

Lenkart said he is not a fan of saying “should”. Developers will come into the Village and say they can’t afford to do something a certain way. Sherwin Williams wanted to come in and do just a brick façade but the Plan Commission insisted they change it.

Duncan asked if Toth felt that there are no teeth in the current ordinance, as written. Toth said there are holes and gaps in it currently, but there is some teeth in the ordinance. Toth said that the changes would make it easier from an enforcement standpoint and not require a variance of someone looking to match the building materials to that of the surrounding development. Lenkart said that there needs to be more teeth in the ordinance. Bozik suggested a review process in order to have some control.

Anderson asked if this will only apply to development from the ground up in all business districts. Toth said it is correct. These standards apply only to development in a business district from the ground up and not to existing buildings. It will be for business districts, not industrial properties.

Bosco suggested special language for redevelopment. Bozik suggested adding development and redevelopment wording to the ordinance so that it also covers the redevelopment aspect. Toth said that could be done.

Motion made by Commissioner Anderson and seconded by Commissioner Bozik to approve the zoning amendment with the addition of the words “and redevelopment” as suggested by Commissioner Bozik.

Roll Call Vote: Rivecco – yes, Tuohy – yes, Anderson – yes, Lenkart – no, Duncan – yes, Bozik – yes, Botkin – yes. Motion approved (6-1)

3. Petition #18-06: (Property consisting of 1.53 acres of vacant land at the northwest
intersection of Randall Road and Interstate 88).
The Village of North Aurora requests a map amendment to rezone the subject property, which is currently zoned R-1 Single Family Residence District to the B-2 General Business District under the North Aurora Zoning Ordinance.

The property is zoned R1. The intent is to absorb the property into the adjacent property and rezone it to the B2 District. Rezoning is requested by the Village.

Motion for approval made by Commissioner Lenkart and seconded by Commissioner Bozik. Roll Call Vote: Lenkart – yes, Anderson – yes, Tuohy – yes, Rivecco – yes, Duncan – yes, Bozik – yes, Botkin – yes. Motion approved (7-0).

4. The Village of North Aurora requests a text amendment to Title 16 of the North Aurora Municipal Code (Subdivision Ordinance) amending storm sewers and sump drain regulations.
Drainage of storm sewers and sump pumps above ground is currently illegal in the Village. A resident has seepage through the cracks in the cement and a plumber suggested adding a sump pump so that it discharges above ground. There is only one other town in the area that does not allow discharge of sump pumps above ground. Staff suggested leaving this in the hands of the Public Works Director, for stormwater issues. As long as he says yes and where the best area to discharge would be, it should be allowed. Otherwise, the resident will have seepage into their basement.

Toth said that the Village’s Public Works Director went out to the house, looked at the grade of land and determined the best area to discharge to.

Bozik said his only concern is the front yard. Unless it is a last case resort, to not allow it to the front yard for sight reasons.

Motion made by Commissioner Lenkart and seconded by Commissioner Rivecco to add a text amendment permitting above ground sump pump discharge. Roll Call Vote: Lenkart – yes, Rivecco – yes, Anderson – yes, Tuohy – yes, Duncan – yes, Bozik – yes, Botkin – yes. Motion approved (7-0).

OLD BUSINESS - None

PLAN COMMISSIONER COMMENTS AND PROJECT UPDATES - None

ADJOURNMENT
Motion to adjourn made by Commissioner Botkin and seconded by Commissioner Duncan. All in favor. Motion approved.

Respectfully Submitted,

Lori J. Murray
Village Clerk


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