PLANNING AND ZONING BOARD OF APPEALS - MINUTES -

Transcription

1 PLANNING AND ZONING BOARD OF APPEALS - MINUTES - Public Hearing Held June 22, 2016 Village of Lansing TO: Mayor Abbott Village Board of Trustees Village Clerk Village Attorney Director of Planning & Development Village Engineer Present were board members Kasper, Hardy, Hallow, Caballero, Abbasy, Venem, Cole, Chairman Oberman and Secretary Payne. Also present was Economic Development Director Travis Bandstra, Building Commissioner T.J. Grossi and Attorney Angelo Vitiritti. RE: The request of Lansing 2015 LLC, dba Checker s Restaurant, for a Special Use permit for outdoor seating and a sign variance at Torrence Avenue, Lansing, Illinois. The meeting was called to order at 6:33 p.m. by Chairman Oberman. Present for the petitioner was George Latts. Mr. Latts began by explaining to the Board that the petitioner would like an additional eighty-three (83) feet of signage, over the thirty-one (31) feet allowed. This variance would include a non-street facing wall sign and allowance of both a pole and monument sign. They would also like a Special Use permit to allow for outdoor seating. Mr. Latts stated that the endcap unit of the building is a unique space for Checker s because they typically utilize stand-alone buildings for their restaurants. He went on to explain the hardship of visibility for southbound traffic, due to fully developed trees and access to the property, as well as the additional signage allowed for Dunkin Donuts, Marathon Gas, McDonald s and Round the Clock. Mr. Oberman stated that there were indeed other ways to access the property, particularly from the back parking lot/walmart property and that the Checker s signature colors/theme are very noticeable. Mr. Oberman asked why Checker s did not want to just utilize the existing monument sign located on the property and Mr. Latts explained that they would have greater visibility with the addition of a pole sign. Mr. Oberman asked if the outdoor seating would have 4 tables fenced in and Mr. Latts stated that was correct. Chairman Oberman asked if there were any questions from the audience. Being none, the public portion of the hearing was closed. Mr. Abbasy asked the petitioner what type of impact the drive-thru will have on the other tenants of the property and Mr. Latts stated that he was not sure but because the building was already designed with a drivethru he felt there would be minimum impact. Mr. Oberman expressed his concern over the business using both a pole sign and monument sign and the fact that the other businesses mentioned are all stand- alone buildings. Mr. Oberman conveyed his opinions about the over-use of signage and the fact that the Checker s branding in itself makes the business extremely visible. 1

2 Mr. Oberman stated that he was opposed to the pole sign and the variance square footage amount would be affected if the pole sign was not granted by this board. Attorney Vitiritti stated that the pole sign variance should be voted on prior to the square footage variance. Mr. Kasper made a motion to recommend granting a variance for a non-street facing wall sign for Checker s restaurant at Torrence Avenue, Lansing, IL. Motion seconded by Mr. Hardy. Chairman Oberman added that this should specify the north face of the building above the drive-thru window, and all commissioners agreed. ROLL CALL ON MOTION: AYES Kasper, Hardy, Venem, Cole, Hallow, Caballero, Abbasy, Oberman FINDING OF FACTS: Unanimous to recommend granting a variance for non-street facing wall sign above the drive-thru on the north wall as it would not be detrimental to the area and would help the petitioner with visibility. Mr. Kasper made a motion to recommend that the Village Board grant a Special Use permit for outdoor seating as an accessory to an eating establishment for Checker s restaurant at Torrence Avenue, Lansing, IL. Motion seconded by Mr. Hardy. ROLL CALL ON MOTION: AYES Kasper, Hardy, Venem, Cole, Hallow, Caballero, Abbasy, Oberman FINDING OF FACTS: Unanimous decision to recommend granting a Special Use permit for outdoor seating as this would not be a detriment to the area and it would enhance the businesses opportunity. Mr. Kasper made a motion to recommend granting a variance to allow both a pole and monument sign for Checker s restaurant at Torrence Avenue, Lansing, IL. Mrs. Hallow questioned the motion because it was her understanding that the petitioner did not want to utilize the monument sign, just a pole sign. Mr. Latts stated that she was correct. Mr. Kasper amended his motion to recommend granting a variance for only a pole sign. Chairman Oberman stated that the variance must be for both a pole sign and monument sign because that was is allowed. Mr. Kasper made another motion to amend back to his original motion for both a pole and monument sign. Motion seconded by Mr. Hardy. ROLL CALL ON MOTION: AYES Hardy, Hallow, Abbasy NAYS Kasper, Venem, Cole, Caballero, Oberman FINDING OF FACTS: Majority decision to not allow a variance for both a pole and monument sign at Torrence Avenue. Chairman Oberman asked the petitioner if they would like to amend the variance for square footage, due to the fact that the pole sign will not be allowed and the monument sign will be allowed. Petitioner stated they would. Mr. Kasper made a motion to recommend granting a variance for sixty-one (61) feet over allowable signage of thirty-one (31) square feet for Checker s restaurant at Torrence Avenue, Lansing, IL. Motion seconded by Mr. Hardy ROLL CALL ON MOTION: AYES Kasper, Hardy, Venem, Cole, Hallow, Caballero, Abbasy, Oberman. FINDING OF FACTS: Unanimous vote to allow square footage over thirty-one (31) feet would not be detrimental. 2

3 Next on the agenda: Sami Bader, New Nationwide Real Estate Present for the petitioner was Attorney Bill Sandrick on behalf of Mr. Bader. Mr. Sandrick began by explaining that Mr. Bader recently purchased the plaza at Burnham Avenue and the plaza has been plagued with vacancies for many years. He discussed the difficulty in marketing the property and the need for improvements to the building and surrounding land/parking lot. Mr. Sandrick stated that the plaza is currently 70% vacant and 30% occupied. Mr. Sandrick also explained that the genesis of their request is for the approval of a Class 8 tax incentive on the vacant units, therefore Mr. Bader is seeking the Board s approval on a subdivision of the property. Currently the plaza has a single index number. With subdivision of the parcel, the petitioner will seek a Class 8 on just the vacant units, or 70% of the property. Mr. Bader s intention is to open a furniture store in a majority of the parcel and to lease out the remainder. Mr. Sandrick stated that the reason for a Class 8 tax incentive was because of Cook County taxes. Currently the property is getting vacancy tax relief and the taxes are approximately $30,000. Without the vacancy relief, Mr. Sandrick estimates the taxes to be about $110,000. He discussed the difficulty in securing tenants for the space(s) with such high property taxes. Mr. Oberman asked Mr. Sandrick if Mr. Bader s intention was to open a used furniture store. Mr. Sandrick stated that it was his understanding the furniture store would only be new furniture, not used furniture. With no questions from the audience, the public portion of the hearing was closed. Mr. Oberman asked Director Bandstra if he knew for sure that Mr. Bader s intention was to open a new furniture store, because several of Mr. Bader s other ventures are used furniture stores. Director Bandstra stated that Mr. Bader would indeed like to open a new furniture store which will be a different business model than his other stores. Mrs. Hallow asked Mr. Sandrick if the property owner would be able to sell individual units should the property be divided into several different PIN numbers and Mr. Sandrick stated that in theory yes, someone could purchase an individual space however the likelihood of something like that happening is slim to none as he has never seen it happen in the 25 years he has been in business. Mr. Oberman expressed his disappointment that the petitioner was not present to directly answer questions from the commissioners. Mr. Oberman also asked Building Commissioner Grossi what type of repairs the building is in need of prior to occupancy. Commissioner Grossi stated that a large portion of the building is in need of fire rated walls before they can be occupied, as well as sprinklers and exterior building and parking lot repairs. There was discussion regarding which specific lots Mr. Bader was intending to utilize for his retail development and which lots/units were occupied and vacant. There was also discussion about existing businesses possibly moving into units that may be granted a Class 8 incentive and Mr. Sandrick went on to explain that ultimately the property owner is responsible for paying the taxes regardless of who occupies each space. Mr. Oberman voiced his opinion about the possibility of Mr. Bader opening a new furniture store and consequently converting into a used furniture store. Mr. Grossi explained that the Village would enforce regulation of this through his business licensing. Mrs. Hallow asked Chairman Oberman what his concerns were over subdividing the property and Mr. Oberman stated he was concerned about different owners and arguments over covenants as well as Mr. Bader changing the use of the space. Mr. Sandrick explained to the board of commissioners his feelings that without the Class 8 incentive, there is no hope for anyone developing this strip center and Mr. Oberman reminded Mr. Sandrick that the P&Z Board does not rule on a Class 8. 3

4 Mr. Kasper made a motion to recommend to the Village Board the granting of a subdivision of property by New Nationwide Real Estate, Sami Bader, at Burnham Avenue, Lansing, Illinois. Motion Seconded by Mr. Hardy. ROLL CALL ON MOTION: AYES Hardy, Venem, Cole, Hallow, Caballero, Abbasy, Oberman. NAYS Kasper FINDING OF FACTS: Majority vote to recommend the subdivision of property at Burnham Avenue. Next item on the agenda: Bravo Properties Amendment to Planned Unit Development (PUD) Present for the petitioner was Mr. Zach Leonard of Bravo Properties. Mr. Leonard began stating that the request is to amend ordinance which was an ordinance to allow for the opening of the St. Anthony senior living facility and construction of townhomes for sale to residents 55 and older. The amendment would permit the rental of the existing townhomes, as well as rental of continued construction of townhomes and a senior apartment building. Mr. Leonard explained that the townhomes and proposed apartment complex would be marketed to seniors that are independent. The townhomes have been marketed for sale over the last year and a half, with no offers being made. Mr. Leonard believes this is due to the competitive market across the border and different tax rates. Currently, Bravo Properties has applied for a tax credit through the Illinois Housing Development Authority, however it is a very competitive process and Mr. Leonard is looking at many different avenues for developing the property. Mr. Leonard indicated that he prematurely marketed the four existing units for rent, and was overwhelmed by the number of applications he received. Mrs. Hallow questioned Mr. Leonard about why the four existing townhomes have not been on the market since January She also did not feel that the townhomes were marketed aggressively because they were only on the market for 7 months and they were quite overpriced compared to similar units in the Lansing area. Mr. Leonard stated that they would have entertained any offer, however they were never presented with any type of offer. Mrs. Hallow asked Mr. Leonard if he ever considered building a senior day care for patients of Alzheimer s and dementia and Mr. Leonard stated it was something he could explore. Mr. Oberman expressed his opinions about keeping the Spring Lake property an age restricted property where seniors can feel safe and secure in their residences. Mr. Leonard agreed and is in favor of keeping the property age restricted for seniors only, however he would like the amendment to allow for not only the sale of units, but the rental of units too. Mr. Oberman asked if there were any questions from the audience. Tina Funchion, th Street, had several questions for Mr. Leonard regarding parking, the location of the apartment building, rental fees, and the enforcement of the age restriction. Mr. Oberman suggested that the age restrictions be explicitly spelled out in the covenants or lease agreements, in order to make the enforcement more viable. Dorothy Rossi, Greenbay Avenue, commented about an agreement the Village had with the school district to not allow children under the age of 18 to reside in the Spring Lake development because Coolidge School was already over-crowded. Director Bandstra responded to Mrs. Rossi s comment by stating that the petitioner s request is not seeking to change the age restrictions of the development, however he did recently have a conversation with District 158 Superintendent and she indicated that the over-crowding was no longer an issue. He also indicated that there was no specific written agreement with the school district, but the age restrictions were put on the property because of those community concerns. Tisha Walker, th Street, commented that her brother-in-law Mr. Bob Wood is the President of the school board and he recently told Ms. Walker that he is indeed concerned about the enrollment at the school. 4

5 Director Bandstra responded by reiterating that there is no discussion of modifying the PUD age restrictions and no one is proposing any changes to the 55 and older limitation. Mr. Oberman posed several questions to Mr. Leonard regarding any changes he would be making to the additional townhomes that would be built. Mr. Leonard indicated that his architects did slightly modify the units to be approximate 1,000 square feet and they would be adding thirty-four additional townhomes. He also explained that the proposed apartments would be much smaller, with only 1 bedroom and studio units, offering a wide range of availability to seniors. Ms. Walker made additional comments about a terrible mouse infestation that her household experienced when the original construction began on the Spring Lake property. Ms. Funchion made additional comments regarding the rental fees that Mr. Leonard is proposing to charge, as well as the horrible job the person responsible for mowing the property has done. Mr. Leonard responded by taking responsibility for the unsatisfactory upkeep of the property, promising to do a better job with new landscapers. Sally Wood, th Street commented about a large tree limb that had fallen and was left on the property for many months before it was removed. With no additional comments from the audience, the public portion of the hearing was closed. Mrs. Hallow asked Attorney Vitiritti if the Homeowners Association would have to file eviction proceedings in order to have anyone under the age of 55 removed from a residence and Mr. Vitiritti stated that is correct. Mr. Abbasy asked Mr. Leonard if the Village were to allow the rentals, was the intention to sell a percentage of the units or is the intention to rent the existing and additional 34 units. Mr. Leonard responded by stating that his intent is to rent. Mr. Kasper questioned Mr. Leonard s intent because his petition indicates that he would like the option to rent or sell the units. Mr. Leonard responded by stating that he worded his petition that way to give the maximum latitude in terms of what could be done with the property, but the main concern is the age restriction. Mr. Oberman asked Mr. Leonard if his preference was the apartments or townhomes, because he has not seen any plans or renderings for the apartments. There was discussion regarding Mr. Leonard s application with IHDA and possible delays should the board not rule on allowing the apartments. Mr. Leonard decided that he would like to move forward on the rental of the 4 existing townhomes only. Mr. Kasper made a motion to recommend that the Village Board grant approval of an amendment to the PUD which allows rental of units 3102, 3106, 3110 and 3114 Spring Lake Drive, Lansing Illinois and the recorded declarations be amended to require Village of Lansing approval to any modifications regarding age restrictions. Motion seconded by Mr. Abbasy. ROLL CALL ON MOTION: AYES Abbasy, Cole, Caballero, Oberman NAYS Kasper, Venem, Hallow, Hardy FINDING OF FACTS: No quorum based on the vote, and the recommendation does not move forward. Motion was made by Mr. Kasper at 8:30 p.m. to adjourn. Motion seconded by Mr. Hardy. The public hearing was adjourned. Respectfully Submitted, Russ Oberman, Chairman Planning & Zoning Board of Appeals 5