HomeMy WebLinkAboutPLAN COMMISSION - 06/21/1989 - SCHAEFFERS AUTO INC/1100 E. HIGGINS ROAD SHOPPING CENTER MINUTES
ELK GROVE VILLAGE PLAN COMMISSION
June 21, 1989
Members Present
John Glass, Chairman
George Mullen
Dave Paliganoff, Acting Secretary
Nancy Czarnik
Paul Ayers
Thomas Parker
Members Absent
Fred Geinosky
Phil Knudsen
John Meyers
Staff Present
Julie A. Strahl , Administrative Assistant
Dawn Underhill , Administrative Intern
Earle Kracht, Plan Reviewer
Chairman Glass called the meeting and public hearing to order at
8:11 p.m.
Schaeffer' s Auto Inc. - Rezoning B-1 to B3
1100 East Higgins Road
Others Present:
Charles Byrum, Attorney representing petitioner
Henry Schaeffer, Petitioner and owner of Schaeffer's Auto, Inc.
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DOCKET 89-2
Chairman Glass read and explained the petitioner's request to
rezone his business located at 1100 East Higgins Road from B-1 Business
District (Shopping Center) to B-3, Business District (Automotive) for
the purpose of establishing Schaeffer's Auto Inc. as a conforming use.
Charles Byrum began by reiterating Chairman Glass ' explanation of
the petitioner's request. Byrum then presented two exhibits for the j
record.
1. Partial copy of the Elk Grove Zoning map
high-lighting the subject property.
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2. Land Trust Agreement. I
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Byrum continued by explaining that the petitioner has been
operating his business in that location for the past 26 years as a
legal nonconforming use. Byrum further explained that the 1.644 acre i
parcel is surrounded by a B-1 use to the west, I-1 use to the north, a
B-3 use to the east, and the Busse farm to the south. ;
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Plan Commission Min Pes •
June 21, 1989
Page 2
Byrum indicated that Schaeffer's Auto Inc. works on 200-300 cars
per year.
Byrum reviewed the history of the site by explaining that
Shaeffer' s Auto began by leasing the property as an operation within
the county until 1969 when the owners of the parcel annexed to the
Village.
According to the Village's Zoning Ordinance in effect at the time
(Zoning Ordinance No. 20) , Schaeffer's auto business was allowed under
B-1 zoning. When Zoning Ordinance No. 842 was adopted in 1972,
Schaeffer's Auto was no longer a conforming use. Since the business
was already in existence, it was considered a legal nonconforming use.
As a legal nonconforming use, Henry Schaeffer could not expand his
business or add additional service because of its current status. The
primary reason is that a B-1 use requires a minimum of 5 acres and
Schaeffer's Auto is located on a 1.644 acre parcel .
Chairman Glass inquired about staff comments. Julie Strahl
indicated that staff had no objection to the proposed rezoning.
Dave Paliganoff asked whether Schaeffer intended to sell or expand
his business. I
Byrum replied that Schaeffer wished to keep his options open.
Members expressed concern regarding the need to keep demolished
cars away from the front of the building, provide adequate screening,
and to take care of the lawn and weeds around the trees and bushes on i
the property.
Schaeffer stated that he would take care of those matters.
Tom Parker confirmed that all adjacent property owners had been
notified.
Parker asked whether any family members worked at the auto shop.
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Schaeffer indicated that one daughter works there on a part-time
basis. Schaeffer added that there are 3 full -time and 2 part-time
employees at the business. i
Nancy Czarnik asked about the minimum acreage requirement for a
B-3 use. Byrum replied that it is 22,500 square feet. I
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Chairman Glass mentioned that a similar request was brought before
the Plan Commission several months ago. Similar concerns were raised
regarding the need for proper screening, and no storage of vehicles in
the front yard.
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Glass explained that one runs into the problem of creating an
"attractive nuisance" when vehicles are not stored properly.
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Plan Commission Min es
June 21 , 1989
Page 3
Earle Kracht added that the building Department is in favor of the
zoning change because it will give them the opportunity to enforce all
requirements of a B-3 use such as the screening concerns raised by the
Plan Commission.
Nancy Czarnik asked whether the lot behind the building was
paved. Schaeffer replied that it was not paved.
George Mullen made a motion to approve the rezoning from B-1 to
B-3 with the understanding that the petitioner has agreed to store the
vehicles away from the front of the building and clean up and maintain
the sideyard area within a reasonable period of time, thus preventing
the development of an "attractive nuisance. "
The motion was seconded by Nancy Czarnik and the vote was
unanimous (Geinosky, Knudsen, and Meyers absent. )
Chairman Glass then closed the public hearing.
Members reviewed the upcoming agenda. Chairman Glass cancelled
the regularly scheduled meeting of July 5, 1989. The next meeting will
be the joint meeting with JPZ on Wednesday, July 19, 1989, in the
Trustees ' Conference Room.
The meeting was adjourned at 9:05 p.m. i
Respectfully submitted, I
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JJul�ie A. Strahl '
Administrative Assistant
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CC: Chairman & Members of Plan Commission, Village President, Board
of Trustees, Village Clerk, Village Manager, Assistant Village
Manager, Administrative Assistant, Administrative Intern, Building i
Commissioner, Village Engineer, Director of Public Works, Fire i
Chief, Deputy Fire Chief, Village Attorney, Park District, INDAB
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