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HomeMy WebLinkAboutPLAN COMMISSION - 02/04/2009 - SPECIAL USE/101 KELLY UNIT B i i Elk Grove Village Plan Commission Minutes February 4, 2009 Present: P. Ayers F. Geinosky J. Glass E. Hauser C. Henrici J. Meyer D. Paliganoff D. Sokolowski T. Thompson Absent: Staff: B. Jacobsen, Assistant Village Manager S. Trudan, Deputy Director of Community Development Chairman Glass called the meeting to order at 7:10 p.m. Item 1: Approval of the Minutes Commissioner Ayers recommended a minor change to the December 3, 2008 minutes. Commissioner Geinosky motioned to approve the December 3, 2008 meeting minutes. Commissioner Sokolowski seconded the motion. Upon voting, (Ayers, Geinosky, Glass, Henrici, Paliganoff, Sokolowski, Thompson, AYES, Hauser, Meyers, ABSTAINED) the motion carried. Commissioner Ayers recommended a minor change to the January 7, 2009 minutes. Commissioner Geinosky motioned to approve the January 7, 2009 meeting minutes. Commissioner Hauser seconded the motion. Upon voting, (Ayers, Geinosky, Glass, Hauser, Meyers, Paliganoff, Sokolowski, Thompson, AYES, Henrici, ABSTAINED) the motion carred. Item 2: 101 Kelly Unit B—Special Use Chairman Glass read the Public Hearing notice for the record and acknowledged that the Public Hearing was published and the property was properly posted. The business owner, Mr. Gregg Stiver, was present with his Attorney, Susan Dawson, and the property owner Gerry Kane. Secretary Geinosky swore in Mr. Stiver. Mr. Stiver updated the Commission on his 30 plus years of working in unincorporated Elk Grove. He explained that the rent at his previous location increased each year and eventually compromised his business. Due to his local client base, he found a new location in Elk Grove Village with the help of a real estate broker. He was assured a similar business in the automotive industry was previously located at 101 Kelly Unit B. He then moved into 101 Kelly Street in October of 2008. Village staff found Mr. Stiver doing business at 101 Kelly Street and informed him that his business does not'conform to the existing allowed usage at 101 Kelly Street.He immediately shut down his business and applied for a Special Use. . Mr. Stiver explained that his business is maintenance oriented He works on a limited number of vehicles per day and rarely stores a vehicle overnight. His location has enough room for two workstations. Mr. Stiver has one employee. He has a storage unit within his business where he stores oil filters and oil in the back of his unit. Mr. Stiver recycles the waste products and uses a natural mixture of baking soda and water in his part-washer. Commissioner Hauser asked for clarification on the discussion Mr. Stiver had with the leasing agent. Mr. Stiver explained that an automotive use was previously in the unit and noted that when touring the building, auto parts were in the unit from the previous tenant. He assumed the building was an approved location for auto repair. Commissioner Hauser informed Mr. Stiver that the building was not on the list of Special Uses and believes the previous tenant was also an illegal use for the building. Mr. Stiver agreed that the previous business may have been illegal. He noted that with the help of Mr. Kane, the property owner, he immediately closed his business and hired Ms. Dawson to petition the Village. Commissioner Meyers asked for clarification on parking. The Deputy Director of Community Development explained that Mr. Stiver needs one and a half parking spaces per service bay, and one parking space for each employee. Unit B has two service bays and Mr. Stiver has one employee, in addition to himself, so he needs a total of five parking stalls. This property meets this requirement. Commissioner Meyers asked if the parking spaces were specifically dedicated to Precision Engine parking only. Mr. Stiver stated that there are four regular spaces behind his building and he would post a sign stating"Precision Engine Parking Only." Commissioner Meyers questioned the hardship variance from the required screening. The Deputy Director of Community Development explained screening this site was not practical because Unit B is in the middle of the building. Commissioner Meyers felt that screening may be difficult but could be done if necessary. Chairman Glass explained that the Director of Engineering and Community Development left the screening up to the Plan Commission to decide. He feels it is important to look at the nature of the use, although generally auto repair shops have high volume and multiple over-night repairs. This petition is for a limited use. Chairman Glass explained that the petition is to allow a Special 2 i Use in the I-1 district and the Plan Commission can recommend certain restrictions on the permit. Commissioner Meyers asked how the petitioner could assure the Commission that over-flow vehicles will not be parked at his business. Mr. Stiver explained that he works by appointment only and schedules enough work for what he has room for. If he were a business specializing in oil changes he would need a staging area but for his business, this is not necessary. He went on to explain that he works on anywhere between one and six cars a day depending on the repairs needed. He rarely has any carry-over because he often drives his vehicle to the customer's home, services their vehicle, and returns it the same day. Commissioner Henrici asked how often cars stayed overnight at his old location. Mr. Stiver explained that one or two rarely stayed overnight accept in the case that they are done and waiting to be picked up, or they were dropped off overnight to be serviced the next day. Commissioner Geinosky asked the petitioner to comment on the Police Department concerns. Mr. Stiver stated that the bushes and lighting are behind the building and he is not responsible for the back of the building. Commissioner Geinosky told the petitioner to direct the Police Department's concerns to the owner of the building and request him to install motion lights. He then asked staff if the Fire Department was comfortable with the list of flammable materials that would be stored on site. Chairman Glass explained that the Fire Department requires specific standards for compliance. He stated that the Fire Department wrote the memo with general concerns,not knowing the exact nature of Precision Engine. The Deputy Director of Community Development pointed out that hazardous materials are controlled by Village Inspectors and the Fire Department will be comfortable with the business operation. Commissioner Geinosky confirmed that the downspout was connected to the storm sewer system and asked the petitioner to confirm his hours of operation, and also to confirm that the property description was clarified and the attorney more than "believes, that the legal description is accurate." Mr. Stiver stated his hours of operation would be from 7:00 a.m. to 5:00 p.m. Ms. Dawson explained that she was able to confirm the legal description and the confusion was generated by the old property deed. A revised legal description and survey have been submitted to the Village. Commissioner Sokolowski asked if any obnoxious noise or odor would come from his shop. 3 Mr. Stiver explained that his business does generate some noise when he uses an air hatchet or an air hammer, but stated it would only be for up to fifteen minutes at a time. The exhaust in the building blows outside and exits the building at the ceiling. He also stated that it may create minimal odor from cleaning solvents, but they dissipate rather quickly. Commissioner Ayers stated that this is the fifth hearing for a Special Use to come before the Plan Commission in the last year for automotive repair. Each of these petitions were initiated by the business owner after being caught operating illegally. Commissioner Ayers is concerned that the Commission is setting poor precedents. He feels sorry for Mr. Stiver, but now that his business is in the building they would be voting down his livelihood if it were denied based on poor advice. Mr. Stiver admitted he inadvertently, "put the cart before the horse." Commissioner Ayers wants staff to work harder to make businesses get business licenses. He does not want to have the Commission's hands tied by not allowing them to turn down a Special Use because they have set so many poor precedents. As a businessman, he finds it hard to believe that all of these business owners and landlords do not know the appropriate uses for these buildings. Chairman Glass asked staff to have the Village Manager call him about getting communication to the industrial park about permitted uses and the special use process. Commissioner Hauser added that the problem also lies with the leasing agents if they are giving bad advice. Commissioner Thompson noted that the business owner is inevitably responsible for the proper licensing of a business. Commissioner Meyers asked if Mr. Stiver was required to get a business license. Mr. Stiver stated that his old business was in Cook County, unincorporated Elk Grove, and he did not know a business license was necessary after this move. Commissioner Paliganoff stated that he agrees with the Director of Engineering and Community Development that there is no practical way to provide screening. At 8:10 p.m. Commissioner Glass opened the Public Hearing to the audience and there were no comments. Chairman Glass stated that the Plan Commission is not in place to enforce the Village Ordinances and the Commission is in place to protect the rest of the Village because automotive repair businesses can becomes very obnoxious. Chairman Glass asked the Commission if the only issue is the screening of the building Commissioner Hauser stated that the building itself is its own screening. 4 Commissioner Meyers stated that he does not like the idea of having the building as the screening itself He asked to further explain to the Commission how he knows his business will not have broken down cars in the front of his building. Chairman Glass asked how the middle unit could initiate screening. He suggested putting a condition on the Special Use not allowing cars to be parked outside overnight. RECOMMENDATION Commissioner Henrici moved approval of the Special Use for Precision Engine at 101 Kelly Street Unit B based upon the following conditions: 1. Vehicles under repair cannot be parked outside the building overnight. 2. Customers waiting to be repaired can park outside. 3. Parking spots will be striped. 4. Signage will be put up identifying parking stalls for Precision Engine. 5. The Special Use will be assigned to the Business and will not move with the Business. Commissioner Geinosky seconded the motion. Upon voting (Ayers, Geinosky, Glass, Hauser, Henrici, Paliganoff, Sokolowski, Thompson AYES, Meyers, No)the motion carried. The Public Hearing was closed at 8:18 p.m. UPDATE The Assistant Village Manager updated the Commission on items that may come before the Plan Commission in the future. The meeting was adjourned at 8:37 p.m. Respectfully submitted, Beth Jacobsen Assistant Village Manager C: Chairman and Members of the Plan Commission, Mayor and Board of Trustees, Village Manager, Deputy Village Manager, Village Attorney, Village Clerk, Deputy Village Clerk, Director of Public Works, Director of Engineering/Community Development, Police Chief, Fire Chief, Deputy Fire Chief(2), Inspectional Services Supervisor 5