Village of Cherry Valley Planning and Zoning Commission Met April 21.
Here is the minutes provided by the commission:
Chairman John Totten called the meeting to order at 6:30 PM. A Roll Call was taken by Deputy Village Clerk, Heather Riley:
MEMBERS:
Sally Fleegle Present Pat Stegemann Present
John Falzone Present Jim Smetana Present
Larry Gray Present Gary Tiffany Absent
Others Present: President Jim Claeyssen, Trustee Jeff Fustin, Attorney Jim Stevens, and Deputy Village Clerk Heather Riley.
ADOPT THE AGENDA: John Falzone moved to adopt the agenda. Larry Gray seconded. A Roll Call Vote was taken:
John Totten Aye Gary Tiffany Absent
Sally Fleegle Aye 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: February 17, 2021. Larry Gray moved approve the minutes of the February 17, 2021 meeting minutes, Sally Fleegle seconded.
A Roll Call Vote was taken:
John Totten Aye Gary Tiffany Absent
Sally Fleegle Aye 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 : TRUSTEE JEFF FUSTIN.
Trustee Fustin informed the commissioners that the three items that came out of the last Planning and Zoning meeting for the solar farm were approved at the Village Board.
PUBLIC COMMENT: None.
NEW BUSINESS:
1. John Falzone moved to approve a request for a Variance from the Village of Cherry Valley, Illinois under Section 82-55 of the Code of Ordinances to Section 82-7(f)(2) to allow a fence to be constructed from the rear of the house forward along the Southeasterly lot line per the drawing on file with the Village of Cherry Valley for the property commonly known as 3986 Richard Drive, Cherry Valley, Illinois. Larry Gray seconded.
The petitioner did not show up for the meeting. The commissioners had a phone call from an adjacent property owner that at first was against the fence but after finding out she misread the drawing of where the fence was going, she withdrew her feelings against the fence and said that she did not have any issues with it.
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;
5-AYE 1-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;
4-AYE 2-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. This item will go on to the April 27, 2021 Special Village Board Meeting.
A Roll Call Vote was taken:
John Totten Aye Gary Tiffany Absent
Sally Fleegle Aye 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 Variance from the Village of Cherry Valley, Illinois under Section 82-55 of the Code of Ordinances to Section 82-7(f)(2) to allow a fence to be constructed from the rear of the house forward along the East lot line and Southeasterly from the Southeast corner of the house per the drawing on file with the Village of Cherry Valley for the property commonly known as 3843 Swordfish Drive, Cherry Valley, Illinois. Larry Gray seconded.
Greg Umhoefer informed the commissioners that he was looking to place his fence coming forward so he could enclose his yard and hide some of the utilities that are an eye sore on the side of his home and to give his dog more room to exercise. Due to the strange placement of the home if he were to go from the back corners of his lot then he would lose a lot of his yard.
Salvador Gonzalez an adjacent property owner stated at first, he had some concerns about the fence and the cosmetic looks it would give East Valley but after seeing the fence he is in favor of letting the homeowner do what he would like with his property.
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;
0-AYE 6-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;
0-AYE 6-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;
3-AYE 3-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;
0-AYE 6-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
2-AYE 4-NAY 1-ABSENT
f. The proposed variance complies with the spirit and intent of restrictions imposed by this chapter.
0-AYE 6-NAY 1-ABSENT
The committee reviewed each of the Findings and concluded that the applicant has not met all the required findings for the variance.
A Roll Call Vote was taken:
John Totten Nay Gary Tiffany Absent
Sally Fleegle Nay Jim Smetana Nay
John Falzone Nay Pat Stegemann Nay
Larry Gray Nay
The motion FAILED by a vote of 0 “AYE;” 6 “NAY” and 1 “ABSENT”
Village President Claeyssen asked for the commissioner’s attention after the meeting items concluded. Village President Claeyssen wanted to inform the commissioners that Commissioner John Falzone would be resigning from the Planning and Zoning Board after 28 years as a commissioner. John Falzone was presented with a certificate of appreciation from the Village of Cherry Valley for all of the years of service.
ADJOURNMENT: Chairman Totten entertained a motion to adjourn. Larry Gray moved to adjourn at 6:58 PM. Jim Smetana seconded.
A Roll Call Vote was taken:
John Totten Aye Gary Tiffany Absent
Sally Fleegle Aye 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/2021/ZONING%2004-21-2021.pdf
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