City of Wheaton Planning & Zoning Board met Jan. 23

Michael Barbier, Councilman, East District | City of Wheaton Website

By Angelica Saylo Pilo

Mar 4, 2024

City of Wheaton Planning & Zoning Board met Jan. 23.

Here are the minutes provided by the board:

I. Call To Order and Roll Call Vote

Chair Aranas called the Tuesday, January 23, 2024, Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in-person and via zoom. Upon roll call, the following were:

Roll Call Vote

Present: Nicole Aranas

Chris Dabovich

Chris Derrick

Bob Gudmundson

Cecilia Horejs

Dan Wanzung

Absent: Mark Plunkett

City Staff Present: Tracy Jones, Staff Planner

Joe Tebrugge, Director of Engineering

II. Approval of Minutes – January 9, 2024

The minutes were approved as presented.

III. Public Comment

There was none.

IV. New Business

ZA #24-03/ Text Amendment, Subdivision, and Variations/ 170 S. Bates Street/ Ahiska Construction, Inc.

Pursuant to notice duly published on December 26, 2023 and letters mailed to neighboring property owners on December 21, 2023, Chair Aranas called to order the January 23, 2024 public hearing requesting an amendment to the text of the Wheaton Zoning Ordinance, Article 5 - Administration and Enforcement. The application is further requesting the subdivision of the vacant property located at 170 S. Bates Street into two single-family lots and variations to Article 7.2.2a and Article 7.4a of the Wheaton Zoning Ordinance to allow lot areas for both proposed Lot 1 and Lot 2 of approximately 8,000 square feet in lieu of the required 43,560 square feet and lot widths for both proposed Lot 1 and Lot 2 of 50.0 feet in lieu of the required 125.0 feet. A letter from the DuPage County Forest Preserve was received and incorporated into the record.

Randy Voss, 27W331 Manchester Road, Winfield was sworn in. Mr. Voss stated that he was the project architect. He stated that the application is requesting an amendment to the text of the Wheaton Zoning Ordinance, Article 5 - Administration and Enforcement. Specifically, the application is requesting to repeal and replace the existing language for variation limitations contained in Article 5.7B(3).2. Due to the properties zoning designation and the level of variations needed, the existing language would not allow consideration of the proposed subdivision.

Mr. Voss stated that they are proposing the following language for Article 5.7B(3).2:

“To permit the use of a lot or lots for use otherwise prohibited solely because of the insufficient area or width of the lot or lots but in no event shall the respective area and width of the lots be less than seventy five percent (75%) of the required area and width, except for R-1 zoned lots meeting the following:

1. At least seventy-five percent (75%) of the zoning lots fronting on both sides of the street within the block, including corner lots, are improved with single-family dwellings; and

2. At least fifty percent (50%) of the single-family dwellings fronting on both sides of the street within the block are constructed on zoning lots with the same or less lot width and lot area as the subject lot of record. Dwellings on corner lots of equal or less lot width and/or lot area than the subject lot of record shall be included in this calculation; dwellings on corner lots of greater lot width and/or lot area than the subject parcel shall be excluded.”

Mr. Voss stated that the application is further requesting the subdivision of the vacant property located at 170 S. Bates Street into two single-family lots. Both proposed Lot 1 and Lot 2 would be 50.0 feet wide, 160.0 feet deep, and have lot areas of approximately 8,000 square feet. The property is zoned R-1 Residential.

Mr. Voss stated that the application is further requesting variations to Article 7.2.2a and Article 7.4a of the Wheaton Zoning Ordinance to allow lot areas for both proposed Lot 1 and Lot 2 of approximately 8,000 square feet in lieu of the required 43,560 square feet and lot widths for both proposed Lot 1 and Lot 2 of 50.0 feet in lieu of the required 125.0 feet.

Mr. Voss submitted a narrative addressing the variations standards.

Chair Aranas questioned the proposed square footage of the homes shown on the site plans.

Sabrina Lutfiyev, 429 E. Saint Charles Road, Carol Stream was sworn in via zoom. Ms. Lutfiyev stated that she was the property owner’s daughter. She stated that both the homes on proposed Lot 1 and proposed Lot 2 were 2,561 square feet.

Mr. Dabovich questioned the history of the subject property.

Staff Planner Jones stated that the subject property was originally two parcels which were consolidated by a previous owner to accommodate an addition on the original home. That home was demolished in 2016. The lot has been vacant ever since.

Chair Aranas questioned whether the required engineering plans have been submitted to date.

Staff Planner Jones stated that a site plan for proposed Lot 2 was recently submitted but no plat of subdivision has been provided to date. She added that staff would recommend that this public hearing be continued until a future date when the applicant can provide the additional engineering plans to complete their application.

Mr. Wanzung moved and then Mr. Gudmundson seconded the motion to continue this public hearing to a future date when the applicant could provide the additional engineering plans. On a voice vote, all voted aye.

ZA #24-04/ Text Amendment/ Article II & XXIIII/ Mobile Donation Office

Pursuant to notice duly published on December 26, 2023, Chair Aranas called to order the January 23, 2024 public hearing requesting an amendment to the text of the Wheaton Zoning Ordinance, Article 2 - Definitions and Article 24 - Accessory Uses and Home Occupations relating to Mobile Donation Offices.

Kate Duncan, 300 N. LaSalle Street, Suite 4000, Chicago was sworn in. Ms. Duncan stated that she was the attorney working with Green Drop on this request. She stated that Green Drop Charitable Donations is a for profit company and registered professional fundraiser that accepts donations on behalf of the American Red Cross through its network of donation centers. Green Drop is seeking to locate a fully staffed Mobile Donation Office in Wheaton. This office would accept donations of gently used clothing, shoes, and household goods during business hours. There are no retail sales or other services offered at Green Drop - it is strictly a donation collection office.

Ronald Dee, 11400 SE 6th Street, Suite 220, Bellevue, Washington was sworn in. Mr. Dee stated that he was the Director of Real Estate for Savers/ Green Drop. He stated that Green Drop is proposing a text amendment to allow Mobile Donation Office by special use permit in the C-1, C-3, and C-5 commercial districts. While no specific site has been identified at this time, if the text amendment request is approved, Green Drop intends to come back with a special use permit request once a site has been identified. Currently, Donation Drop Boxes are the only option available to residents.

Mr. Dee stated that Green Drop is a rather new concept to the Chicago area. The only existing Chicago location is in Northbrook at 2800 Dundee Road. This location, which just opened, was built as a permanent structure. The current application contemplates a trailer or temporary structure concept instead of a permanent structure, which offers greater flexibility as Wheaton’s commercial properties change and/ or redevelop in the future.

Mr. Dee stated that they are proposing to add the following language to Article 2:

“Mobile Donation Office: A trailer or temporary structure that is staffed by employees during business hours and that collects gently used clothing, shoes, and household goods for the purpose of providing a donation to a charitable organization.”

Mr. Dee stated that they are further proposing to add the following language to Article 24.4.4:

“If there is an existing Mobile Donation Office on the property, then no donation drop boxes are allowed to be located on the property.”

Mr. Dee stated that they are further proposing to add the following language to Article 24.4.5:

“Mobile Donation Office if located in the C-1, C-3, C-5 Zoning Districts or on properties primarily occupied by an educational, religious, governmental, or charitable use, if approved as a Special Use.

a. The Mobile Donation Office shall only be placed with the property owner’s permission and on properties that contain an existing and operating permitted or special use. Only one Mobile Donation Office is allowed on a zoning lot. The Mobile Donation Office shall be located on a parking lot or other paved surface.

b. The Mobile Donation Office shall be staffed by a minimum of one employee during regular business hours and shall collect gently used clothing, shoes, and household goods for the purpose of providing a donation to a charitable organization. Exterior signage stating that the Mobile Donation Office is authorized to collect donations on behalf of a charitable organization shall be placed on the Mobile Donation Office.

c. In connection with the Special Use application, the applicant shall submit for approval a site plan depicting the location of the Mobile Donation Office on the zoning lot. A Mobile Donation Office may only be placed within existing parking spaces on the zoning lot as depicted on the approved site plan. The Mobile Donation Office shall not be within 15 feet of the front property line, reduce the width of paved clear space for the passage of pedestrians to less than five (5) feet, be located within five (5) feet of a Fire Department connection, utilize any parking spaces required by Article XXII or disrupt the flow of vehicular or pedestrian traffic.

d. Materials may not be left outside of the Mobile Donation Office at any time. The Mobile Donation Office shall have security in place to ensure that no materials are left unattended outside of the Mobile Donation Office. Upon telephone notification from the City of Wheaton Code Enforcement Department that materials are being placed outside of the Mobile Donation Office, the Mobile Donation Office owner/operator shall have 24 hours to remove said materials. Failure to do so on three or more occasions in any calendar year may result in penalties listed under Article 5.14 of this Ordinance.”

Mr. Dabovich questioned their typical lease terms.

Mr. Dee stated that they typically sign a one-year lease with a 30-day out.

Mr. Derrick questioned how after hour donations are handled.

Mr. Dee stated that this seldomly occurs but if it does, they would send a Savers truck out to pick it up.

Mr. Gudmundson recommended that a maximum trailer size of 45 feet long by 10 feet wide shall be included in the proposed language. The rest of the board concurred.

Mr. Gudmundson further recommended that a restriction stating that no property with a Donation Drop Box shall be allowed to have a Mobile Donation Office and no property with a Mobile Donation Office shall be allowed to have Donation Drop Box shall be added to the proposed language. The rest of the board concurred.

Mr. Derrick moved and then Ms. Horejs seconded the motion to recommend approval of an amendment to the text of the Wheaton Zoning Ordinance, Article 2 - Definitions and Article 24 - Accessory Uses and Home Occupations relating to mobile donation offices, subject to the following conditions:

1. A maximum trailer size of 45 feet long by 10 feet wide shall be added to the proposed language.

2. A restriction stating that no property with a Donation Drop Box shall be allowed to have a Mobile Donation Office and no property with a Mobile Donation Office shall be allowed to have Donation Drop Box shall be added to the proposed language.

Roll Call Vote

Ayes: Nicole Aranas