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East Dundee Planning & Zoning and Historic Commission authorize special use permit for gun shop

Meeting 09

East Dundee Planning & Zoning and Historic Commission met Thursday, Jan. 12.

Here are the minutes as provided by East Dundee:

Village of East Dundee

Kane County, IL

Planning & Zoning and Historic Commission

January 12, 2017

Chairman Brewer called the Planning & Zoning and Historic Commission meeting to order at 7:00 pm.

Roll: 6 Present (Brewer, Steneck, Meyer, Schock, Muscat and Bernstein). 3 Absent (Scarpelli, Holliman and Apke). Also present were Village Engineer Joe Heinz, Deputy Village Administrator Jennifer Johnsen and Village Clerk Katherine Holt.

APPROVAL OF MINUTES:

1. Historic Commission Meeting Minutes dated November 10, 2016

2. Planning and Zoning/Historic Commission Meeting Minutes December 8, 2016

Motion to approve the November 20, 2016 meeting minutes by Bernstein/Schock.

Motion carries by unanimous vote.

Motion to approve the December 8, 2016 meeting minutes by Muscat/Steneck.

Motion carries by unanimous vote.

PUBLIC COMMENT: None

NEW BUSINESS:

1. PUBLIC HEARING - On an application for a special use permit for 555 Plate Drive, East Dundee Illinois. The requested special use permit is pursuant to Section 157.065 (A)(1) to allow for the operation of a gun shop.

Motion to open the Public Hearing by Meyer/Muscat. Motion carries by unanimous vote.

Court reporter swears in anyone that will be giving testimony. Petitioner Tyson Cobb advised that he is expanding into firearm retail sales and manufacturing. He said his shop is more like a boutique of high end firearms and customization services. He said the focus of the new business is on Glock hand guns and the services he will offer are grip and slide modifications. He advised that per the ATF ruling, any changes of this kind will need to go through manufacturing rather than gun smithing. He said if business goes well, he plans to develop his own product as some point.

Commissioner Bernstein asked how the neighboring businesses feel about gun sales at his location. Cobb replied that he is an FFL (Federal Firearms Licensee) through the ATF and has been allowed to do firearm transfers by law for the past two years. He stated that this requires him to fill out all necessary paperwork, work with Illinois State Police to conduct background investigations and transfer the firearm into the ownership of the new individual. He said he has spoken with his neighbors and landlord about his requested special use for a gun shop. He said his landlord received authorization from each tenant and there were no objections. He advised that he does not do any test firing on site. Jennifer Johnsen added that nobody had contacted the Village about this matter either.

The Commission discussed conditions to consider for the special use which include the special use being non transferable, a security plan on site, firearm sales being recorded with the Chief of Police and the sale of guns shall always be coupled with the firearm coating service. Deputy Administrator Johnsen advised that she had a conversation recently with Chief Mee and learned that under the ATF license for transferring guns, the Chief directly receives transfer reports monthly of all transactions. She added that

Chief Mee said he felt comfortable with these additional conditions and doesn’t foresee any issues. Motion to close the Public Hearing by Bernstein/Schock. Motion carries by unanimous vote.

Motion to approve a special use to allow for the operation of a Gun Shop by Schock/Musica.

5 Ayes (Brewer, Steneck, Meyer, Schock and Muscat). 1 Abstain (Bernstein). 3 Absent (Scarpelli, Holliman and Apke). Motion carries.

2. Findings of Fact – 555 Plate Drive, East Dundee, Illinois

Motion to Approve a Positive Findings of Fact for 555 Plate Drive by Meyer/Muscat.

5 Ayes (Brewer, Steneck, Meyer, Schock and Muscat). 1 Abstain (Bernstein). 3 Absent (Scarpelli,

Holliman and Apke). Motion carries.

3. PUBLIC HEARING- On an application for a variance for 563 Rock Road, East Dundee Illinois. The requested variance is from section 155.045 (C) requiring that all lots shall have full frontage abutting a publicly dedicated street.

Motion to open the Public Hearing by Bernstein/Schock. Motion carries by unanimous vote.

Court reporter swears in anyone that will be giving testimony. Petitioner Tim Winter of Pal Group Inc. said that National Tool Inc., a steel company, would like to relocate to the southwest corner of their property. He said there is no direct access to the property from Rock Road, however, a 35 foot asphalt roadway easement would be provided to access the property. He said the reason they don’t want to dedicate anything at this time is because it is unknown how the rest of the property will be developed.

Engineer Heinz explained that a frontage is mainly for a major subdivision and this is just one lot in the back corner. He said there is public water main and sewer that are adjacent to the site already. And as mentioned, Pal Land would provide a 30 foot ingress and egress easement. Winter advised that due to the unknown future development plan, they would like to keep the plan open for future development and cannot dedicate a road just yet on the property. Commissioner Schock asked about drainage. Heinz responded that the site plan includes curbing by the parking lot. Winters added that there is a drainage ditch along the south property line where it naturally drains now.

Motion to close the Public Hearing by Bernstein/Stenick. Motion carries by unanimous vote.

4. Discussion and motion to approve a Findings of Fact to recommend approval/denial of a variance for 563 Rock Road, East Dundee, IL 60118 requiring that all lots shall have full frontage abutting a publicly dedicated street.

Motion to Approve a Positive Findings of Fact for 563 Rock Road by Berstein/Muscat.

7 Ayes (Brewer, Steneck, Meyer, Berstein, Schock and Muscat). 3 Absent (Scarpelli, Holliman and Apke).

Motion carries.

5. PUBLIC HEARING- On an application for a variance for 220 Dundee Avenue, East Dundee Illinois. The requested variance is from section 157.054 (G)(4) for a variance from the required 40’ rear yard to allow for the expansion of the existing building located in the rear of the property and reduce the rear yard to 2.16’

Motion to reopen the Public Hearing by Muscat/Steneck. Motion carries by unanimous vote.

Motion to continue the Public Hearing to February 9, 2017 by Steneck/Bernstein. Motion carries by unanimous vote. (Continuance is due to applicant failing to mail notices out).

HISTORIC COMMISSION:

1. Certification of Appropriateness for River Street Tavern Signage – 102 N. River Street, East Dundee, IL 60118

Owner Loren Rattner advised that he will use the existing awning frame and replace the fabric and lettering. He said the awning will be black with white lettering and include their logo. He said he hopes to open the restaurant in early February.

Motion to Approve the Certificate of Appropriateness for River Street Tavern’s signage by Schock/Steneck.

6 Ayes (Brewer, Steneck, Meyer, Berstein, Schock and Muscat). 3 Absent (Scarpelli, Holliman and Apke).

Motion carries.

Motion to adjourn the Planning and Zoning Meeting at 7:35pm by Muscat/Meyer. Motion was passed by unanimous vote. Meeting adjourns.

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