Kane County Reporter

City of Geneva City Council met Aug. 2.

Here is the agenda provided by the council:

Staff Responses to Council Questions

Before each Committee of the Whole or City Council meeting, questions that have been posed by the City

Council relating to the agenda for that evening will be posted to the City’s website.

Below are the responses to this week’s questions.

Agenda Item 12. Presentation of Ordinances, Resolutions, Petitions, Bids

a. Consider Approval of Ordinance No. 2021-12 Granting Variations from Section 11-6E 4 to Reduce the Street Yard Parking Setback and to Increase the Lot Coverage Related to the Proposed Expansion of the Malone Funeral Home Parking Lot at 324 and 314 E. State Street.

b. Consider Approval of Ordinance No. 2021-13 Granting a Special Use to Allow a Continued Use of the Property Located at 324 E. State Street as a Funeral Home and to Expand the Funeral Home Parking Lot onto the Property Located at 314 E. State Street and Granting Conditional Relief from Section 11-6E-4(F) to Allow a Deviation from the Parking Lot Lighting Standards in the East State Street Corridor Design Guidelines and Relief from Section 11-10-5C2(A) to Decrease the Amount of Interior Parking Lot Landscaping from 10% of the Parking Lot Area to 4.3% at 324 East State Street and 314 East State Street.

Q: Does the Funeral Home already have a Special Use granted for the business or is this a new Special Use?

A: The current use of the property as a funeral home is nonconforming as it has not been granted the required Special Use.

Q: If, it is a new Special Use, should the applicant be required to bring the property up to current building code/standards prior to us granting a Special Use?

A: Section 11-13-4(A)(1) of the Zoning Ordinance states that any nonconforming structure may be continued indefinitely subject to the nonconforming provisions contained therein. Expansions are allowed provided the expansion conforms to the applicable zoning requirements.

Q: What nonconformities currently exist on the Malone Funeral Home site?

A: As detailed in the executive summary on page 49 of the City Council packet, the use of property as a funeral home is nonconforming as it has not been granted the required Special Use. The existing parking lot improvements are nonconforming in regards to setbacks, landscaping, parking stall dimensions and lot coverage.

Q: Are the nonconformities grand fathered in or are we doing it with this application?

A: The existing nonconforming improvements are subject to the provisions of Chapter 13 of the Zoning Ordinance. The City Council is not being asked to take any action regarding the existing nonconformities related to setbacks, lot coverage, landscaping and parking stall dimension. The Council is being asked to grant a Special Use to bring the existing use of

the property as a funeral home into compliance with the requirements of the B3E Business District.

Q: If, the nonconformities are parking lot related, and the parking lot is being expanded. Why are we not requiring the current parking lot to be brought up to code?

A: Section 11-11A-1(A) of the Zoning Ordinance states that existing parking facilities shall not be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use. Section 11-13-4(A)(1) of the Zoning Ordinance states that any nonconforming structure may be continued indefinitely subject to the nonconforming provisions contained therein. Expansions are allowed provided the expansion conforms to the applicable zoning requirements. In this instance the applicant is requesting setback and lot coverage variations, and relief from parking lot lighting and landscaping requirements.

Q: When we grant a Special Use are we allowed to grant variances at the same time?

A: Yes.

Q: Does the variation to decrease the street yard setback to 8.5 feet effect the right of way for East State Street?

A: No.

Q: Will the bumpers of the vehicles be allowed to encroach past the 8.5 foot right of way?

A: The parking stalls are properly dimensioned with a depth of 19 feet. No overhang is proposed. If a vehicle bumper does overhang it would be over the 8.5’ of private property before the public right-of way.

Q: Please confirm the setback from the lot to Rt. 38 after the widening of 38 is complete. Are there any safety or other concerns about such a small setback?

A: The parking lot would be setback 8.5 feet from the property line, and another 20 feet from the edge of the E. State Street pavement for a total of 28.5 between the roadway and the parking lot. Similar or lesser setbacks exist in the E. State Street corridor including ALDI, CVS, Riganato, Lou’s Jeep, and Gen Hoe.

Q: Will the applicant be required to maintain and upkeep the screening and landscaping along the South property line? Is that requirement included in the agreement?

A: Yes.

Q: Is the new parking lot up to code or are there variations being granted? If so, what are the variations?

A: As detailed in the executive summary on page 49 of the City Council packet, the applicant is requesting variations to reduce the street yard parking setback from 30 feet to 8.5 feet and to increase the lot coverage from 70% to 74.5%. The applicant is also requesting relief to allow a deviation from the parking lot lighting standards in the East State Street Corridor Design Guidelines and relief to decrease the amount of interior parking lot landscaping from 10% to 4.3%.

Q: Is the new parking lot causing any encroachments along Nebraska street right of way?

A: The new parking lot is located on the west side of the existing funeral home building and does not encroach upon the Nebraska Street right-of-way. Please see the Geometric Plan on page 66 of the City Council packet.

Q: How did we conclude that a parking lot that is replacing a single-family residential building will not decrease the property values of the properties that abut 314 E. State Street parking lot?

A: The Planning & Zoning Commission’s findings in relation to Special Use standard number 2 (the proposed building or use will not diminish the value of adjacent and nearby properties) can be found on pages 60 and 82 of the City Council packet.

Q: What would the impact be to switch out all lighting to the conforming fixtures versus matching the new fixtures to the existing ones?

A: The existing parking lot lighting was installed as part of a settlement and release agreement with Rodney B. Nelson, III and Jacqueline Nelson and Malone Funeral Home, Inc. and Dennis Malone. The existing downcast light fixtures were selected to focus lighting on the parking areas and minimize the amount of light spilling over onto adjacent properties. The light fixtures required in the East State Corridor Design Guidelines are an acorn style that do not focus the light as well. Therefore, the Planning and Zoning Commission recommended that the lights nearest E. State Street comply with the East State Street Corridor Design Guidelines and the lights nearest the residential properties to the south match the existing downcast fixtures.

https://www.geneva.il.us/AgendaCenter/ViewFile/Minutes/_08022021-1802