HomeMy WebLinkAboutJPZ - 11/03/1982 - CIMINOS RESUB/FIRE PREV CODE/ANIMAL LICENSING Minutes
ELK GROVE VILLAGE
JUDICIARY, PLANNING & ZONING COMMITTEE
Wednesday, November 3, 1982
The meeting of the Elk Grove Village Judiciary, Planning and Zoning
Committee was called to order at 7:05 p.m. on Wednesday, November 3,
1982 in the Council Chamber of the Municipal Building, 901 Wellington
Avenue.
MEMBERS PRESENT:
Trustee James P. Petri, Chairman
Trustee Joseph T. Bosslet
Trustee Edward R. Hauser
STAFF PRESENT:
George B. Knickerbocker, Village Attorney
Thomas F. Rettenbacher, Building Commissioner
Ray L. Peterson, Village Engineer
Charles B. Henrici, Fire Chief
Leonard J. Flood, Assistant Director of Finance
Jon P. Wildenberg, Administrative Assistant
Cimino's Resubdivision
The first order of business at this evening's meeting was considera-
tion of a plat of subdivision submitted by Mr. Joseph Cimino. The plat
divides an 11.45 acre parcel (commonly known as the St. Julian Parish
property) into two (2) parcels of 9.32 and 2.13 acres.
Mr. Cimino's attorney explained the status of legal issues surrounding
use of the property within Elk Grove Village. In short, the State Appellate
Court has ruled that certain covenants, restricting use of the proposed
subdivided parcels to church related activities only, are not enforceable.
The ruling is final and unappealable in the eyes of the court as no appeal
action was undertaken by any party to the suit. Mr. Cimino's attorney
further stated that the issue before the Village is whether the plat,
as drawn, satisfies all pertinent ordinances.
Trustee Hauser inquired whether the Village is required to observe
land covenants when zoning or rezoning properties. In response, the
Village Attorney noted that the Village is required to establish ownership
in zoning matters but the Village is not necessarily required or obligated
to investigate covenants; however, covenants can be germain issues to
discuss at the time of a rezoning.
The Building Commissioner explained that the Office-Transitional
District (0-T) was created with adoption of the Elk Grove Zoning Ordinance
in 1972 as an attempt to expand use districts within the Village. 0-T
zoning provides a transitional area between commercial and residential
uses. The office district is able to fill demands for professional type
offices and is very restrictive in order to protect abutting residential
prcperties. Biesterfield Road was felt to be a prudent location for
Elk Grove Village
Judiciary, Planning 6 Zoning Committee
Page 2 November 3, 1982
Cimino's Resubdivision (continued)
business offices due to its classification as a primary Village arterial
street.
In response to a question from the audience, the Building Commissioner
stated that an extensive Public Hearing was held (beginning in 1969)
concerning establishment of the O-T zoning district as well as all other
aspects of the current Elk Grove Zoning Ordinance.
The Village Attorney noted that a property owner is entitled to
develop under the zoning classification designated by the Village. A
change in zoning may be brought for consideration through petition of
the property owner or by petition of the Village and must be substantiated
on the basis of highest and best use. The consideration before the
JPZ Committee is whether or not the plat of subdivision complies with
Village requirements.
Chairman Petri announced that a recommendation concerning the plat
would be forwarded at the November 9, 1982 Village Board meeting.
Fire Prevention Code
The JPZ Committee discussed changes to the Fire Prevention Code
and related changes to the Building Code. Preliminary mechanics of
permit issuance were explored. In addition, Staff was directed to
investigate establishment of a fee structure for inspections and/or
reinspections.
Proposed Use of Property - 1950 Pratt Boulevard
Building Commissioner, Tom Rettenbacher, noted that interest exists
for the establishment of a warehouse and retail operation at 1950 Pratt
Boulevard. The firm would deal in perishable food products and related
items. However, the operation would not fit into any zoning district.
The real estate agent is interested in discussing the feasibility of a
text amendment or a variation with the JPZ Committee. Staff was directed
to arrange a meeting on November 16, 1982 at 7 p.m.
Animal Licensing
Len Flood presented an ordinance which would adjust the animal
licensing period to be coincidental with the Village vehicle licensing
period. Trustee Petri advised that the ordinance would be brought for
Village Board consideration at the November 9, 1982 meeting.
General Numeric Annexation
Staff was directed to investigate whether property owners in the
unincorporated area between the Stein/oehlerking property and industrial
development on Kent Street would perhaps consider, or are in the process
of considering, annexation to the Village and development as a group.
Elk Grove Village
Judiciary, Planning & Zoning Committee
Page 3 November 3, 1982
The meeting was adjourned at 10:30 p.m.
Submitted by:
Jon P. Wildenber
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Administrative Assistant
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c: President & Board of Trustees
Village Manager
Assistant Village Manager
Village Attorney
Administrative Assistant
Building Commissioner
Village Engineer
Fire Chief
Assistant Director of Finance
Village Clerk