Peoria Standard

City of Batavia Plan Commission & Zoning Board of Appeals met June 5.

Here are the minutes provided by the board:

PLEASE NOTE: These minutes are not a word-for-word transcription of the statements made at the meeting, nor intended to be a comprehensive review of all discussions. They are intended to make an official record of the actions taken by the Commission and to include some description of discussion points as understood by the minute-taker. They may not reference some of the individual attendee’s comments, nor the complete comments if referenced.

1. Meeting Called to Order for the Plan Commission Meeting

Chair Gosselin called the meeting to order at 7:07pm.

2. Roll Call:

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

Members Absent: LaLonde, Swiecicki

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. Approval of Minutes:

• April 17, 2024

• May 1, 2024

Motion: To approve both minutes

Maker: Kieckhefer

Second: Peterson

Voice Vote: Motion carried.

5. PUBLIC HEARING: Variances for Principal Structure Setbacks - 721 Viking Drive, Adam & Tracey Carlson, Applicants

Motion: To open the Public Hearing

Maker: Kieckhefer

Second: Peterson

Voice Vote: Motion carried.

Chair Gosselin opened the Public Hearing at 7:08 PM

Zach Ewoldt gave the staff report indicating that Adam & Tracey Carlson of 721 Viking Drive have applied for a variances from Table 2.104 of the City of Batavia Zoning Code to allow for the replacement of an existing deck with an interior side setback of seven (7) feet instead of the required 12 feet, a northerly side setback of approximately 7.51 feet instead of the required 12 feet, an interior southerly side setback of approximately 9.61 feet instead of the required 12 feet and to allow the existing footprint of the home to have a front setback of approximately 29.03 feet instead of the required 30 feet.

Ewoldt said the home was purchased in 2011 with two existing decks. In 2016, one of the decks was replaced to building code requirements. In late 2023, a permit was submitted to replace the other deck, which showed age and safety concerns since repairing it is not feasible or safe according to their deck contractor. Ewoldt noted it was discovered with the permit submission that the existing home and deck are not compliant with the current Zoning Code and the Carlsons have requested to install a new deck that is compliant with all building codes and located with the same interior side setback as the existing deck. The Carlsons noted that the only ingress/egress to the backyard from the residence is a patio door that is approximately nine (9) feet from the property line.

Ewoldt added that it is a raised deck and with what is needed to reconstruct the deck it would be closer to the property line than what is allowed. Ewoldt noted the property was subject to an annexation agreement in 1975 that the city intended for the home to have reduced setbacks. Adding that the annexation agreement expired in 1995 per State law. Therefore the property owners must seek a formal variance to grant the relief. The applicants have also included formal requests for four (4) variances from the Zoning Code to address the replacement of the existing deck and to memorialize the setbacks for the existing home footprint. Ewoldt showed pictures of the property on the overhead screen.

Commissioner Joseph asked the age of the house. Adam Carlson indicated that the house was built in 1979. Ewoldt noted that the house itself is in compliance with the original annexation agreement; but needs setback variances under the present zoning. Commissioner Kieckhefer asked if the replacement deck is larger than what is there now. Carlson said the deck that is going to be replaced is only 4 feet further into the property and will align with the existing deck. Moore asked about the 20-year annexation agreement. Ewoldt explained that the State Statute limits the length of agreements made by municipalities to 20 years.

Motion: To close the Public Hearing

Maker: Joseph

Second: Moore

Voice Vote: Motion carried.

The Public hearing was closed at 7:23PM

Motion: To adopt findings a through d as drafted by staff

Maker: Kieckhefer

Second: Peterson

Voice Vote: Motion carried.

Ewoldt noted that there is one recommended condition that all work be completed within 9 months instead of 6 months due to construction timelines.

Motion: To approve the requested variance 1 through 4 subject to a requirement that all work be completed in 9 months

Maker: Kieckhefer

Second: Moore

Voice Vote: Motion carried.

6. PUBLIC HEARING: 1521 Hubbard - Jose Coronel (Super Sport Automotive) & Miguel Rivera (Rivera Towing), Applicants

• Conditional Use for Motor Vehicle Sales and Leasing, New & Used - Internet Based

• Conditional Use for Towing Service Establishment

Motion: To open the Public Hearing

Maker: Joseph

Second: Moore

Voice Vote: Motion carried.

Chair Gosselin opened the Public Hearing at 7:25PM

Ewoldt gave the staff report indicating that Jose Coronel of Super Sport Automotive has applied for a Conditional Use Permit to allow for Motor Vehicle Sales and Leasing, New & Used - Internet Based & Miguel Rivera of Rivera Towing has applied for a Conditional Use Permit to allow for a Towing Service Establishment to operate at 1521 Hubbard Avenue. Ewoldt said the property is presently zoned GI, General Industrial on the Zoning Map and the Land Use Map identifies the property as General Industrial. Further he mentioned the surrounding uses are consistent with what is on the property. The applicants have a strong working relationship so they decided to co locate their operations in the same facility. The applicants believe both uses are compatible.

Regarding the Super Sport Automotive use, Mr. Coronel stated that the sales of vehicles are supplementary to his primary business as an automotive repair shop. Ewoldt indicated that the vehicles for sale would be stored inside the building and viewable by appointment only. Staff notes that the applicant has already made several improvements to the property to bring it into compliance with the Zoning Code including paving, exterior lighting and safety bollards. The applicant has agreed to several other improvements to the site as requested by the city. Ewoldt said that upon approval, the applicant will install an eight (8) foot solid fence for screening purposes in the rear storage yard and make public right of way (ROW) improvements, which would redesign the site access from one continuous access to two driveways and add public sidewalks across the front of the property.

Rivera Towing is seeking a Conditional Use Permit to allow for a Towing Service. The applicant believes it can expand its operations in this location. Ewoldt noted the applicant provided a striping plan which was shown on the overhead screen and that the first condition of approval is that all tow trucks and towed vehicles shall be located within the building or in the rear storage area on the property. The second recommended condition is that Rivera’s Towing shall comply with the requirements set by the City of Batavia and shall obtain a license within 3 months of the adoption of an applicable license according to Ewoldt.

Chair Gosselin asked if the applicant wanted to speak. Mr. Coronel indicated they moved to this new property and have made improvements and are willing to comply with all City requirements. Commissioner Peterson asked about limits to internet-based operators. Ewoldt mentioned that Mr. Coronel has been operating in the community for some time but there was no formal limit for operators in the Zoning Code.

Tom Jahnke, the owner of Brookhaven Investment, said the building at 1521 Hubbard Avenue is unique because it has a shared driveway owned 50-50 by Brookhaven and Parksite next door. Jahnke said he can’t install something on someone else’s property. Jahnke wanted to know if the sidewalk will be owned and maintained by the City. Ewoldt noted that the sidewalk would be in the City’s right of way so would be responsible for the sidewalk once accepted by the City. Jahnke said his biggest concern is the liability issue and asked when sidewalks would be required to be installed. Mr. Coronel noted that sidewalks are required by September.

Commissioner Peterson asked about landscaping requirements. Ewoldt noted this Lot is on a substandard right of way width and it was determined to be fair to not require landscaping with the current configuration.

Evylyn Rivera said for 14 years they have been in business and work closely with Jose to ensure compliance as they move from West Chicago. Commissioner Kieckhefer asked Rivera if she was aware that Rivera Towing is agreeing to the conditions of a towing license from the City without knowing the conditions as they are not currently established. She answered in the affirmative that they are applying for something they don’t know yet. Ms. Rivera noted that the business has complied with similar regulations in other jurisdictions. Commissioner Moore asked if the City adopts a towing establishment license, all existing towing companies are required to comply and get a license. Ewoldt answered in the affirmative indicating that any license considered is also reviewed by the City attorney.

Motion: To close the Public Hearing

Maker: Peterson

Second: Kieckhefer

Voice Vote: Motion carried.

The Public Hearing was closed at 8:04 PM. Chair Gosselin asked if there were any questions about the findings or conditions as drafted by staff.

Motion: To adopt Conditional Use Permit findings 1 through 4 for Motor Vehicle Sales and Leasing, New & Used – Internet Based

Maker: Kieckhefer

Second: Moore

Voice Vote: Motion carried.

Motion: To recommend approval of the requested Conditional Use Permit for Motor Vehicle Sales and Leasing, New & Used – Internet Based subject to conditions A through M as drafted by staff

Maker: Peterson

Second: Joseph

Voice Vote: Motion carried.

Motion: To adopt Conditional Use Permit findings 1 through 4 for a Towing Service Establishment as drafted by staff

Maker: Peterson

Second: Kieckhefer

Voice Vote: Motion carried.

Motion: To recommend approval of the requested Conditional Use Permit for a Towing Service Establishment subject to conditions A through Q as

drafted by staff

Maker: Joseph

Second: Peterson

Voice Vote: Motion carried.

Mayor Schielke arrived at 8:13PM

7. Matters From The Public (For Items Not On The Agenda): None.

8. Other Business: Drew Rackow noted the following updates. There is a quorum for a special meeting on June 26th. He also indicated that a Final Plat and Final Engineering was received for the Ashton Ridge subdivision and is under review. Further he noted Earth Movers Credit Union, rezoning on McKinley, 512 Blaine Street and EV regulations were approved by the City Council. Tesla and Cubesmart both submitted interior permits and a Plat of Subdivision was recorded for the development and permits for the interior work to split the building are near completion. He said the industrial project at 1401 N. Kirk Road is nearing completion. Rackow noted that the June 19th Plan Commission meeting is canceled due to the Juneteenth Holiday and the July 3rd meeting will likely be canceled. He noted that tree clearing was done at the Ignite project at Main Street and Deerpath Road and the applicants are working with KDOT to get an access permit finalized, and a grading permit may be issued. In response to a question from Commissioner Moore, Rackow noted there have been some slowdowns but the City is still working with IDOT regarding the road diet on Route 31.

9. Adjournment: There being no other business to discuss, Chair Gosselin asked for a motion to adjourn the Plan Commission. There was a first by Joseph and a second by Peterson and by voice vote the motion was carried. The meeting was adjourned at 8:25 PM.

https://www.bataviail.gov/AgendaCenter/ViewFile/Minutes/_06052024-2269