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Home My WebLink AboutPLAN COMMISSION - 08/29/1974 - MAIORIELLO PETITION FOR 43 SPECIAL USE MINUTES ELK GROVE VILLAGE PLAN COMMISSION August 29, 1974 The public hearing of the Elk Grove Village Plan Commission was called to order by Chairman Richard Mc Grenera at 8:10 P.M. Thursday, August 29, 1974 in the Council Chamber of the Municipal Building. MEMBERS PRESENT: Richard Mc Grenera Joseph Cimino Marc Grice William Wesley Edward Hauser STAFF PRESENT: Edward Hofert, Village Attorney Al Walla, Bureau Supervisor, Division of Bldg. & Zoning Robert Franz, Assistant Village Manager Jan Lewis, Administrative Intern Thomas Rettenbacher, Building Commissioner (Present at 10 P.M.) Public Hearing - Maioriello Petition for R-3 Special Use McGrenera read the opinion (attached) of Village Attorney Hofert in response to the opinions of the attorneys for the petitioner, Maiorello, and the objectors, the Dentroeders and Cantrells. The opinion stated: There is no Illinois Court ruling on this specific issue; a funeral home can be a Special Use in a residential district but it overall weakens the Zoning Ordinance; and if a Special use is to be_granted_ , it-should-be-with_ definitive standards. Mc Grenera opened the meeting to general discussion by the Plan Commission. Wesley moved acceptance of a text amendment to, the Zoning Ordinance to include the designation'funeral home' in the permitted Special Use category for an R-3 (residential district). Grice seconded the motion. Hauser asked for comments on the Village Attorney's suggestion of the need for definitive standards to be applied to the Special Use. The Village Attorney conjectured some of the areas in which standards may want to be developed: size of lot, traffic, parking, screening, lighting, hours of duration. Some of the Commission did feel incapable to develop standards at this meeting. Hauser asked about possible weakening of the Zoning Ordinance through the addition of special uses. Hofert presented copies of the "Lazaruth Case" to the Commission. It showed that profit or not-for-profit is not a d:isti.nguish- able standard of an organization. Hofert stated, however, that adding one incompatible special use to the list of Special Uses opens the list to other incompatible uses. Future denial of Special Uses must then bear a direct relationship to hardship to public he&lth, safety, morals and general welfare. Hauser asked why a Spec`ia1, Use category is needed when two Zoning categories currently include funeral owners. -2- Grice withdrew the second to the motion. Wesley withdrew the motion. Hauser moved that the request to add designation 'funeral home' to the Special Use category for R-3 residential zoning be denied. The motion died for lack of a second. A ten minute recess was called at 9:05 P.M. The meeting resumed at 9:14 P.M. Mc Grenera read a report from Thomas Rettenbacher, Building Commissioner, stating Clearmont Drive is 34 ft. wide, making it a secondary arterial . Wesley moved that the Plan Commission recommend a text amendment to the Zoning Ordinance to include the designation 'funeral home' in the permitted Special Use category for an R-3 residential district and further recommended the Village Board adopt appropriate standards for that special use. Grice seconded the motion. Hauser spoke in opposition to the motion and asked for a justification of the change. Wesley stated that other mun,i;cipalities permit it and that in his opinion this was the best of the alternatives open to the Commission with respect to this petition. Hauser pointed out that more municipalities don't permit it than do permit it. The vote,was three to one in favor of the motion. In favor were Grice, Cimino and Wesley. Opposed was Hauser. The motion passed. Wesley moved that the petitioner, the Maioriellos, be granted a Special Use permit for a funeral home and residence at 1199 Arlington Heights Road, Elk Grove Village. Grice seconded the motion. Hauser asked who would set the standards. Hofert suggested the Plan Commission draft a supplemental .letter proposing standards. Grice agreed the Plan Commission will present standards. The vote was three to one in favor - of the motion. In favor were Cimino, Grice and Wesley. Opposed was Hauser. The motion passed. It was determined the sign variation is not within the juris- diction of the Plan Commission. No action was taken on .the variation request. The public hearing adjourned at 9:47 P.M. General Discussion The meeting resumed at 9:55 P.M. with McGrenera telling the .result's- of the joint meeting of the Village Board and Plan Commission. He advised that a letter was sent to Hugo Stark, Superintendent of Highways, Cook County, encouraging consideration for a Devon Avenue- Nerge Road alignment. Resubdivision - Section 21 Claude Koenig oT Centex explained the poor soil conditions in lots seven through eleven in Section 21 . There is a peat bog which reaches a depth of 33 feet in that area. The purpose of the resubdivision is to change the lot characteristics so houses could be built on firm ground on these lots. Rettenbacher explained that soil conditions are - checked when the buildings are built. Cimino moved that we accept the Resubdivision of 1 , 2, 3, 4 on Oregon Trail , Section 21 , providing that the prospective owners are notified of the soil conditions on the back of the lot prior to purchase and notification of unique soil condition.s on other lots in the subdivision be made. Wesley seconded the motion. It _ passed unanimously. -3- Vacation of Oregon Circle For these lots to be resubdivided, Oregon Circle must be vacated. Hauser moved that Oregon Circle be vacated as a public street. Wesley seconded the motion. It passed unanimously. Higgins Industrial Park Unit 159 (not in Flood Plain) Grice moved that HIP Unit 159 be approved. Hauser seconded the motion. It passed unanimously. F&J Resubdivision (Mayfair Industrial Park) A discussion was held on the Plan Commission's need to review these documents. Rettenbacher explained the review becomes a formality if the Staff is doing a complete job of reviewing the plats. The Plan Commission requested copies of the Subdivision Control Ordinance or a checklist for approval of subdivision plats. Hauser moved that F & J Resubdivision, Lot 1 , in Mayfair Industrial Park be approved. Cimino seconded the motion. It passed unanimously. Reliance Resubdivision (Proposed Yankee Doodle Dandy) This will not be acted upon until a decision is made on the Special Use permit. General Discussion The Plan Commission will meet with Pecora regarding his proposed development on Thursday, September 19, at 8 P.M. Copies of the transcripts of the J L. Williams and Yankee Doodle Dandy public hearings are in the Staff Conference Room for Plan Commission review. Hauser asked what action the Plan Commission would take on the Village Board's request for an update of the Barton-Aschman Thoroughfare Study and the Mega I Study. Mc Grenera stated eight names have been given to the Village Board Personnel Committee for selection of a planning consultant/planner. The meeting adjourned at 11 :15 P.M. Submitted by: Janet K. Lewis Administrative Intern JKL:mw August 29, 1974 c: Chairman& Members of Plan Co ssion, President & Board of Trustees, Village Clerk, Village Manager, N'Building Commissioner, Director of Public Works/Engineering, Chief N Police, Fire Chief, Director of Finance, and Director of Parks and Recreation. ' 9-3-74 August 29, 1974 Flan Commission Elk Grove Village Villace Hall 901 Wellington J Elk Grove Village,. Illlinois 60007 Re: Legal Memoranda submitted regarding Petition of Anthony J. Raiorello and Theresa Kaiorello for a Special Use Permit for a Funeral Home Ladies and Gentlemen: Please be advised that I hale read the memoranda submitted in the cases referred to as well as conducted independent legal research. It would appear that there is no decision of the Illinois Courts squarely on point as to whether or not a fun- eral horse can be sanctioned as a special use within a resi- dential zoning district.. McQuillin, an authority . on Muni- cipal Corporation law would indicate a mixture of opinion in other jurisdictions within the United States. The term " special use" as a zoning technique sanctioned by the Illinois Court is n=6 verbal than real, the Court seeming to take the position that the zoning technique is permissible under certain circum- stances and then in application deriding its use in many specific instances. It is ray opinion that a funeral house as a special use can be permitted in a residential district. However, such a technique in most cases will have the effect of weakening the general ordinance. I believe the application of zoning districts or categories is a preferred zoning technique offering greater defensibility and is more protective of the overall residential classification. Plan Commiss ion Aggust 29, 1S',74 Pace 2 it is my further opinion that the special use technique should not be applied without definitive standards. Sincerely,, Edward C. Hofert Village l,ttorney ECH-.rec