Kane County Reporter

City of Batavia Plan Commission and Zoning Board of Appeals met June 25

Here are the minutes provided by the board:

1. Meeting Called to Order for the Plan Commission Meeting

Chair Gosselin called the meeting to order at 7:00 p.m.

2. Roll Call:

Members Present: Chair Gosselin; Vice-Chair Moore; Commissioners Joseph, Kieckhefer and LaLonde

Members Absent: None

Also Present: Drew Rackow, Planning & Zoning Officer; Zach Ewoldt, Planner and Peter Gerardi, Recording Secretary

3. Items to be Removed, Added or Changed

None.

4. Public Hearing: Variance for Principal Structure Setbacks at 329 & 333 South Harrison Street, Vince Giuliano, Applicant

Motion: To open the Public Hearing

Maker: Joseph

Second: Kieckhefer

Voice Vote: Motion carried.

The Public Hearing was opened at 7:00 P.M.

Zach Ewoldt gave the staff report indicating the applicant is seeking variances to modify the interior side setback for the north property line to 4.87 feet from the required 10 feet and to have an interior side setback of approximately 6 feet, instead of the required 10 feet for 329 South Harrison and to allow an interior side setback for the south property line of approximately 2.23 feet instead of the required 10 feet for 333 South Harrison. Ewoldt noted that during a permit review it was determined that both of the subject structures had non-conforming interior side setbacks. He said the applicant noted in his narrative that the property is Zoned R2 which allows two residential units and believes that the proposed improvements would not alter the neighborhood’s character or negatively impact adjacent properties. Ewoldt added that the homes were built in the 1940’s prior to the adoption of the City’s Zoning Codes for 1971 and 2010.

Ewoldt continued saying the applicant proposes improvements to raise the roof at 329 South Harrison Street to create 8-foot ceilings across the second floor and the additional volume created requires a variance. Ewoldt added that the home includes a deck over 36 inches which encroaches slightly at the rear property line and requires a variance. He added that today’s zoning code would permit a duplex in this location however the current configuration of two separate dwelling units would not be allowed.

Commissioner Kieckhefer asked if the 2 outbuildings would be involved in the project. Vince Giuliano, the owner of the properties, said they would not be improved. Commissioner LaLonde asked about the distance the roof would be raised above the existing roof. Giuliano said the roof would be about 2 or 3 feet taller than it is now and since the pitch of the roof is being reduced by half of the existing roof.

Motion: To close the Public Hearing

Maker: Moore

Second: Joseph

Voice Vote: Motion carried.

The Public Hearing was closed at 7:13 P.M.

Commissioner LaLonde asked how the 50% threshold of cost of replacement versus repair is determined and if the north and south neighbors were notified. Ewoldt said the estimated cost of repair and Township Assessor’s valuation are reviewed and it was determined that the proposed improvements would need a variance regardless of valuation. LaLonde inquired if Giuliano had communications with the adjoining property owners about the variance request. Giuliano said the neighbor to the south is aware of the project and the north neighbor was not available.

Motion: To approve findings 1 through 4 as drafted

Maker: LaLonde

Second: Kieckhefer

Voice Vote: Motion carried.

Motion: To recommend approval to the City Council for the requested variances subject to conditions 1 through 5 as drafted

Maker: Kieckhefer

Second: LaLonde

Voice Vote: Motion carried.

5. Public Hearing: Conditional Use for Tattoo Parlor/Piercing Studio at 127 State Street Alexis Pitts, Applicant

Motion: To open the Public Hearing

Maker: Joseph

Second: Moore

Voice Vote: Motion carried.

The Public Hearing was opened at 7:22 P.M. 

Zach Ewoldt gave the staff report noting the property is zoned DMU, Downtown Mixed Use and spoke generally about the makeup of adjacent properties. He said the Code requires a Conditional Use Permit for this use and the City must assure that the operator is licensed by the State of Illinois and in compliance with local operational requirements. The applicant, Alexis Pitts gave a brief presentation saying she worked in and helped manage the previous tattoo shop at the same location.

Motion: To close the Public Hearing

Maker: Kieckhefer

Second: Moore

Voice Vote: Motion carried.

The Public Hearing was closed at 7:30 P.M.

Motion: To adopt the Conditional Use Findings as drafted

Maker: Kieckhefer

Second: Joseph

Voice Vote: Motion carried.

Motion: To recommend approval for the requested Conditional Use Permit subject to conditions A through E as drafted

Maker: Moore

Second: LaLonde

Voice Vote: Motion carried.

6. Public Hearing: Extension of a Temporary Moratorium for Zoning Applications & Building Permits for Additions and New Structures for LI and GI zoned parcels in the SRS South River Street Overlay District for 90 Days City of Batavia, Applicant

Motion: To open the Public Hearing

Maker: Joseph

Second: Kieckhefer

Voice Vote: Motion carried.

The Public Hearing was opened at 7:32 P.M.

Drew Rackow gave the staff report starting with a brief history of the topic indicating the proposed extension would be 90 days as opposed to prior 6 month extensions. He noted that Existing Condition and Outreach summaries of the report have been posted to the project website and the goal is to have the plan completed by the end of the year. 

Motion: To close the Public Hearing

Maker: Joseph

Second: Kieckhefer

Voice Vote: Motion carried.

The Public Hearing was closed at 7:37 P.M.

Motion: To recommend approval of the 90 day extension of the moratorium

Maker: LaLonde

Second: Joseph

Voice Vote: Motion carried.

7. Matters From The Public (Not On The agenda):

None.

8. Other Business:

Rackow noted there are items scheduled for the July 16th meeting. It was also noted that this is Joan Joseph’s last meeting on the Commission. Rackow noted in response to a question that Commissioner Joseph had been on the Commission since 2006, serving for over 19 years.

Commissioners expressed their appreciation of working with Commissioner Joseph, and wished her well. Rackow noted that the City’s agenda software is changing along with the addition of a new City website. Additional information will be provided for Commissioners for access as it is implemented.

9. Adjournment:

There being no other business to discuss, Chair Gosselin asked for a motion to adjourn the meeting; there was a first by Joseph and a second by LaLonde. By voice vote the motion was carried and the meeting adjourned at 7:58 P.M.

https://www.bataviail.gov/AgendaCenter/ViewFile/Item/21993?fileID=16844