VILLAGE OF NORTH AURORA
PLAN COMMISSION MEETING MINUTES
JUNE 1, 2021
CALL TO ORDER
Chairman Mike Brackett called the meeting to order.
ROLL CALL
In attendance: Chairman Mike Brackett, Commissioners, Anna Tuohy, Tom Lenkart, Mark Bozik, Doug Botkin, Aaron Anderson, Scott Branson
Not in attendance: All members were present.
Staff in attendance: Village Administrator Steve Bosco, Community & Economic Development Director Mike Toth and Information Technology Manager Dave Arndt
Also in attendance: Ed Boula, Village Attorney
APPROVAL OF MINUTES
- Approval of Plan Commission Minutes dated May 4, 2021
Motion for approval made by Commissioner Bozik and seconded by Commissioner Tuohy. All in favor. Motion approved.
PUBLIC HEARING
- Petition #21-05 (232 Mistwood Lane): The petitioner, David and Cheryl Lewis, request a variation to allow a building addition within the forty (40) foot rear yard in the R-1 Single Family Residence District, pursuant to Chapter 7.3 of the North Aurora Zoning Ordinance.
Community and Economic Development Director Mike Toth introduced the petitioner for 232 Mistwood Lane. They are proposing to construct a 204 square foot enclosed porch. The rear yard setback for the R-1 District is a minimum 40’. The proposed screened-in porch is 37’ feet from rear property line, so the applicant is seeking approval for 3’ to encroach in the rear yard setback, which would be 51 square feet.
Petitioner, David Lewis, stated they want to construct the screened in porch to add outdoor space to the house. He and his wife, Cheryl, have been North Aurora residents for 30 years. Cheryl stated that they are always working to improve their property, rather than just make repairs. They have made improvements over the years, such as new siding and roofing, and they would like to start working on the back of the house. Their plan includes replacing the current deck and building the proposed screened in porch. The plat they were given when they purchased the house showed that the rear yard setback was 30’ so they were unaware of the 40’ setback requirement. They need the extra square footage for the screened in porch in order to build a reasonable sized space.
Toth stated that a new zoning ordinance was established in 2013 but the rear yard setback has been 40’ for some time.
Chairman Mike Brackett opened the public hearing for public comment. No comment.
Chairman Mike Brackett closed the public hearing.
- Petition #21-06 (Lots 1 & 2 Orchard Commons): The petitioner, Orchard Commons North Aurora LLC, requests the following actions in the B-2 General Business District, Planned Unit Development:
- Special Use – Planned Unit Development Amendment with deviations to the Planned Unit Development, North Aurora Zoning Ordinance and Sign Ordinance
- Site Plan Approval
- Preliminary Final Plat of Subdivision
Mike Toth stated the petitioner has requested a continuance of this item to allow them to amend their plans.
Chairman Mike Brackett opened the public hearing for public comment. No comment.
Chairman Mike Brackett closed the public hearing.
NEW BUSINESS
- Petition #21-05 (232 Mistwood Lane): The petitioner, David and Cheryl Lewis, request a variation to allow a building addition within the forty (40) foot rear yard in the R-1 Single Family Residence District, pursuant to Chapter 7.3 of the North Aurora Zoning Ordinance.
Commissioner Bozik asked what the rear yard setback was when the house was originally built. Toth responded that he cannot speak to when the house was originally built but he did check additions from the early 2000s and the setback was 40’. Bozik asked if they had two front yards since the property is located on a corner lot. Toth responded that the proposed screened-in porch meets the requirements of the corner side yard. Bozik stated that the property owners have a lot of yard that they cannot use due to corner side yard setbacks. Bozik asked how far the neighbor behind them is. Cheryl Lewis responded that the lot behind them is unincorporated and was unsure how far the neighbor’s house is from their backyard. Toth responded that the distance is quite substantial and stated that from house to house is about 85’ apart.
Commissioner Tuohy asked if the neighbor behind them was aware of the petitioner’s request. Cheryl Lewis responded that they spoke to most of their neighbors and sent out the required notices. They also included a note that welcomed any comments or questions from their neighbors. Lewis stated that the notice was sent to the neighbor right behind them. Tuohy stated it is a nice improvement for the house and the neighborhood.
Commissioner Lenkart asked that if the home was originally built with a 30’ rear yard setback and a new homeowner purchased the property, would the rear yard setback then default to the minimum 40’ rear yard setback. Toth responded that if a new setback is put into place, it will cover all properties in that zoning district, unless stated otherwise. Lenkart asked if that happens when the house is purchased or when the new zoning is established. Toth responded that change would occur when new zoning setbacks are established. Lenkart stated that his concern is if they approve this petition and then down the road deny a similar request, the Village may be subject for potential lawsuits. Toth responded that it is rare to receive variance requests and every case needs to be looked at in context. Commissioner Lenkart stated that in the past they have encountered situations where the Plan Commission votes no against the request and then the Village Board states that they have no issues with the request and approve it. He stated he wanted to make sure that the Village was not liable.
Commissioner Botkin stated he stopped by the property to check the surrounding area and did not see any issue with the request.
Commissioner Anderson stated that he personally has a screened in porch and it is a great investment and is supportive of the request.
Commissioner Branson stated that he is in agreement with everyone’s comments. The petitioner is not hurting anyone with their request for the 3’ encroachment.
Chairman Brackett stated that he agreed that the applicant’s request is accommodating, especially since they are not encroaching on “livable” space. He stated that speaking to Lenkart’s concern about future petitioners with the same request, the Plan Commission will look for similar circumstances such as the one being presented currently.
Commissioner Tuohy stated that speaking on the topic of subjectivity, these meetings are public hearings, so there is an opportunity for anyone to object the petitioner’s request.
Motion for approval of a variation to allow a building addition within the forty (40) foot rear yard was made by Commissioner Bozik and seconded by Commissioner Anderson. Vote: Bozik – Yes, Anderson – Yes, Tuohy – Yes, Lenkart – Yes, Botkin – Yes, Branson – Yes, Brackett – Yes. Motion approved.
- Petition #21-06 (Lots 1 & 2 Orchard Commons): The petitioner, Orchard Commons North Aurora LLC, requests the following actions in the B-2 General Business District, Planned Unit Development:
- Special Use – Planned Unit Development Amendment with deviations to the Planned Unit Development, North Aurora Zoning Ordinance and Sign Ordinance
- Site Plan Approval
- Preliminary Final Plat of Subdivision
Motion to table this item was made by Commissioner Lenkart and seconded by Commissioner Botkin. Vote: Bozik – Yes, Anderson – Yes, Tuohy – Yes, Lenkart – Yes, Botkin – Yes, Branson – Yes, Brackett – Yes. Motion approved.
OLD BUSINESS – None
PLAN COMMISSIONER COMMENTS AND PROJECT UPDATES
Toth stated there will be a Plan Commission meeting on Tuesday, July 6th. The meeting will be an in-person meeting at Village Hall.
Tuohy asked if the petition going next month will involve trucking. Toth responded it is a warehouse development in the Industrial District. Tuohy responded that the Plan Commission should be prepared to discuss truck traffic. Toth responded that the applicant has presented a traffic study for the development.
Bozik asked if they need to put waste stickers on the garbage can if they do not have a Groot can. Bosco responded that residents can use the waste stickers if they do not have a Groot can. Most vendors have started selling the Groot stickers, including Village Hall. Waste Management stickers can be used with Groot for the first four (4) weeks. The Village does have a buyback program from June 21st – 30th. Branson asked when the last possible day was to pick up the Waste Management cans. Bosco responded that it was supposed to be May 28th. The Village is collecting addresses that still have their old cans so that it can be provided to Waste Management.
Brackett asked Branson to introduce himself to the Plan Commission since this was his first meeting. Branson stated that he has lived in North Aurora for 20 years in Orchard Estates. He grew up in Batavia and graduated from NIU. He has been teaching at Indian Prairie School District for 30 years and currently coaches football and basketball. Branson is married with children.
ADJOURNMENT
Motion to adjourn made by Commissioner Tuohy and seconded by Commissioner Lenkart. All in favor. Motion approved.
Respectfully Submitted,
Jessi Watkins
Village Clerk
