Village of Cherry Valley Planning and Zoning Commission met April 29.
Here is the minutes provided by the commission:
Chairman John Totten called the meeting to order at 6:36 PM. A Roll Call was
taken by Deputy Village Clerk, Heather Riley:
MEMBERS:
KEVIN COYNE ABSENT PAT STEGEMANN PRESENT
JOHN FALZONE PRESENT JIM SMETANA PRESENT
LARRY GRAY PRESENT GARY TIFFANY PRESENT
Others Present: Attorney Jim Stevens, President Jim Claeyssen (TELECONFRENCE), Trustee Jim Alsbury (TELECONFRENCE), and Trustee Jeff Fustin
ADOPT THE AGENDA: Gary Tiffany moved to adopt the agenda. Larry Gray seconded.
A Roll Call Vote was taken:
JOHN TOTTEN AYE GARY TIFFANY AYE
KEVIN COYNE ABSENT JIM SMETANA AYE
JOHN FALZONE AYE PAT STEGEMANN AYE
LARRY GRAY AYE
The motion PASSED by a vote of 6 “AYE;” 0 “NAY;” and 1 “ABSENT”
APPROVE THE MINUTES: October 23, 2019. John Falzone moved approve the minutes of the October 23, 2020 minutes, Gary Tiffany seconded.
A Roll Call Vote was taken:
JOHN TOTTEN AYE GARY TIFFANY AYE
KEVIN COYNE ABSENT JIM SMETANA AYE
JOHN FALZONE AYE PAT STEGEMANN AYE
LARRY GRAY AYE
The motion PASSED by a vote of 6 “AYE;” 0 “NAY;” and 1 “ABSENT”
EX-OFFICIO’S REPORT: JEFF FUSTIN. Jeff Fustin updated the commissioners on the two driveway variances that were at the October 23, 2019 Planning and Zoning meeting. Both variances were approved, with a super majority from the Village Board of Trustees.
NEW BUSINESS:
1. Gary Tiffany moved to approve a Variance under Section 82-55 to Section 82- 450(2)(b) of the Code of Ordinances for the Village of Cherry Valley, Illinois to allow for a reduction of 32 parking stalls at the Northeast Quarter and Southeast Quarter portions of the building and yards for Menards for the property commonly known as 2001 South Perryville Road, Rockford, Illinois 61109. PIN:12-34-426-012 Jim Smetana seconded.
Tyler Edwards, the representative for Menards explained via teleconference that Menards is asking to extend its Garden Center. The project would begin the beginning of June, pending the COIVD-19 situation.
After continued discussion, Village Attorney Stevens read the Findings of Facts A – F to the Commission as follows:
a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the chapter regulations were to be carried out;
6-AYE 0-NAY 1-ABSENT
b. The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property within the same zoning classification;
6-AYE 0-NAY 1-ABSENT
c. The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property;
6-AYE 0-NAY 1-ABSENT
d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
6-AYE 0-NAY 1-ABSENT
e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
6-AYE 0-NAY 1-ABSENT
f. The proposed variance complies with the spirit and intent of restrictions imposed by this chapter.
6-AYE 0-NAY 1-ABSENT
The commission reviewed each of the Findings and concluded that the applicant has met all of the required findings for the variance.
A Roll Call Vote was taken:
JOHN TOTTEN AYE GARY TIFFANY AYE
KEVIN COYNE ABSENT JIM SMETANA AYE
JOHN FALZONE AYE PAT STEGEMANN AYE
LARRY GRAY AYE
The motion PASSED by a vote of 6 “AYE;” 0 “NAY;” and 1 “ABSENT”
2. Jim Smetana moved to approve a Special Use Permit under Section 82-54 to Section 82-234 CC – Commercial Community District to allow indoor and outdoor storage on the Southern portion of the property per the Site Plan on file at the Cherry Valley Village Hall for the property commonly known as 7243 Cherryvale North Blvd., Rockford, Illinois 61112. PIN:12-35-176-023 Larry Gray seconded.
Discussion was had by the commissioners, Brian Harrington the owner of Pack, Stack & Store, and Eric Miller the attorney for Pack, Stack & Store regarding what would be classified as a recreational vehicle. The commissioners stated that this special use permit would not allow junk trailers or junk vehicles to be stored on the property as well as it will not be a storage dump for contractors to put left over material like roofing material or siding and things to that nature. The commissioners also stated that if a boat or jet skis are to be stored there, they need to be wrapped or have the appropriate covers on them. Both Brian Harrington and Eric Miller stated that Pack, Stack, & Store would have no problem agreeing to those conditions, as that is not the purpose for this outdoor storage.
After continued discussion, Village Attorney, Jim Stevens, read the Findings of Facts A – F to the Committee as follows:
a. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
5-AYE 1-NAY 1-ABSENT
b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood;
5-AYE 1-NAY 1-ABSENT
c. The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district;
6-AYE 0-NAY 1-ABSENT
d. Adequate utilities, access roads, drainage and/or necessary facilities have been, are being, or will be provided;
6-AYE 0-NAY 1-ABSENT
e. Adequate measures have been, or will be taken, to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
6-AYE 0-NAY 1-ABSENT
f. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
6-AYE 0-NAY 1-ABSENT
The committee reviewed each of the Findings and concluded that the applicant has met all the required findings for the Special Use.
A Roll Call Vote was taken:
JOHN TOTTEN AYE GARY TIFFANY AYE
KEVIN COYNE ABSENT JIM SMETANA AYE
JOHN FALZONE AYE PAT STEGEMANN AYE
LARRY GRAY AYE
The motion PASSED by a vote of 6 “AYE;” 0 “NAY;” and 1 “ABSENT”
3. Jim Smetana moved to approve a Variance under Section 82-55 to Section 82- 234(c)(4) CC Commercial Community District to allow for a rear yard setback of 24’ from 25’ for the property commonly known as 7243 Cherryvale North Blvd., Rockford, Illinois 61112. PIN:12-35-176-023
A request for a Variance under Section 82-55 to Section 82-234(c)(2) to allow a fence on the Easterly lot line for a zero-side yard setback per the Site Plan on file at the Cherry Valley Village Hall for the property commonly known as 7243 Cherryvale North Blvd., Rockford, Illinois 61112. PIN: 12-35-176-023
A request for a Variance under Section 82-55 to Section 82-234(c)(2) to allow a fence 16’ from the West lot line versus a 25’ side yard setback per the Site Plan on file at the Cherry Valley Village Hall for the property commonly known as 7243 Cherryvale North Blvd., Rockford, Illinois 61112. PIN: 12-35-176-023 Larry Gray seconded.
The commissioners combined Pack, Stack, & Stores three (3) variances together and applied the findings of facts to all three variances.
Village Attorney Stevens read the Findings of Facts A – F to the Commission as follows:
a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the chapter regulations were to be carried out;
6-AYE 0-NAY 1-ABSENT
b. The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property within the same zoning classification; 6-AYE 0-NAY 1-ABSENT c. The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property;
5-AYE 1-NAY 1-ABSENT
d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; ]
6-AYE 0-NAY 1-ABSENT
e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
6-AYE 0-NAY 1-ABSENT
f. The proposed variance complies with the spirit and intent of restrictions imposed by this chapter.
6-AYE 0-NAY 1-ABSENT
The commission reviewed each of the Findings and concluded that the applicant has met all of the required findings for the variance.
A Roll Call Vote was taken:
JOHN TOTTEN AYE GARY TIFFANY AYE
KEVIN COYNE ABSENT JIM SMETANA AYE
JOHN FALZONE AYE PAT STEGEMANN AYE
LARRY GRAY AYE
The motion PASSED by a vote of 6 “AYE;” 0 “NAY;” and 1 “ABSENT”
ADJOURNMENT: Chairman Totten entertained a motion to adjourn. Larry Gray moved to adjourn at 7:22 PM. Gary tiffany seconded. A Roll Call Vote was taken:
JOHN TOTTEN AYE GARY TIFFANY AYE
KEVIN COYNE ABSENT JIM SMETANA AYE
JOHN FALZONE AYE PAT STEGEMANN AYE
LARRY GRAY AYE
The motion PASSED by a vote of 6 “AYE;” 0 “NAY;” and 1 “ABSENT”
http://www.cherryvalley.org/images/planning-and-zoning/2020/zoning%2004-29-2020.pdf
Alerts Sign-up