East Dundee Planning & Zoning and Historic Commission approve special use permit for auto dealer
East Dundee Planning & Zoning and Historic Commission met Tuesday, Dec. 6.
Here are the minutes as provided by East Dundee:
Village of East Dundee Kane County, IL Planning & Zoning Commission December 8, 2016
Chairman Brewer called the Planning & Zoning and Historic Commission meeting to order at 7:04 pm. Roll: 6 Present (Brewer, Steneck, Schock, Scarpelli, Meyer and Bernstein). 3 Absent (Holliman, Apke and Muscat). Also present were Deputy Village Administrator Jennifer Johnsen, Village Clerk Katherine Holt and Deputy Village Clerk Gail Hess.
APPROVAL OF MINUTES: None
PUBLIC COMMENT: None
1. PUBLIC HEARING - On an application for a special use permit for 164 Dundee Avenue, East Dundee Illinois. The requested special use permit is pursuant to Section 157.050 (F)(1) to allow for the operation as a motor vehicle dealer of used automobiles.
Motion to open the Public Hearing by Schock/Berstein. Motion carries by unanimous vote.
Court reporter swears in petitioner, Xavier Neodina, owner of Benzworx Autohaus. Deputy Village Administrator Johnsen stated that Mr. Neodina has a repair shop and is requesting to sell used automobiles to compliment his business. He is in a B-2 zone which requires a special use to do so.
Commissioner Scarpelli asked if Mr. Neodina sent out his certified mail notices. Neodina provided the return receipts and explained that at times he has customers that may need more repairs than what their car is worth and he would like the option to sell used cars. Commissioner Schock as if he has a used car lot at his other repair location. Neodina replied that he does not. Schock asked how many cars he plans to sell and how many cars his lot can hold. Neodina replied that he plans to have 10-15 cars. Johnsen advised that she did include a condition to consider in her memo that states that all parking must occur in designated parking areas only. She said this condition will address that when all parking spaces are full, the maximum limit has been met. She said that it is the business owner’s burden to manage his parking situation and limit. Neodina said there is a perimeter around the building where 10-12 additional vehicles can be parked. He added that there is a tall, wood fence and a small storage container in the rear of the building and a garbage container on the south side of the building. Scarpelli stated that he is not in favor of vehicles being parked in the rear of the building because of the adjacent residential properties. He also would like to add the condition that vehicles under repair are not allowed to be stored outside overnight. Neodina said that 1/3 of his building backs up to residential. He added that he plans to double park cars for sale up front near Route 25. Johnsen said he would need to go through a permit process to restripe the lot as allowed by village code. Scarpelli said he is fine with vehicles being parked in the grass right-of- way during the day but not at night. Johnsen said it is not allowable in the public right-of-way. Neodina said he has a lot of space for parking in his building because he can use his above ground lifts to raise vehicles up to make room for others.
Chairman Brewer said that the Village has a special zoning area designated for car sales and is a little concerned that other repairs shops along Route 72 will want a special use to sell cars. Neodina responded that plazas that share parking lots do not allow for car sales. Scarpelli asked if he is retaining a state license to sell cars. Neodina replied that he is and is registered at the East Dundee business address.
Motion to close the Public Hearing by Meyer/Scarpelli. Motion carries by unanimous vote.
The Commission discussed the findings of fact and conditions to consider as referenced in Johnsen’s memo. Scarpelli asked if the special use would end if the business changed its name from Benzworx Autohaus. He suggested granting the special use to Xavier Neodina dba Benzworx Autohaus to which the Commission agreed. He also said he does not want dealership lights on all night but a light should be allowed that doesn’t cause spill over. Neodina replied that he has hooded flood lights.
Motion to Approve the special use permit as presented and amended in conditions 1-9 of the memo by Scarpelli/Bernsteint. 6 Ayes (Scarpelli, Meyer, Steneck, Bernstein, Brewer and Schock). 0 Nays. 3 Absent (Holliman, Apke and Muscat). Motion carries.
2. Findings of Fact – 164 Dundee Avenue, East Dundee, Illinois
Motion to Approve the Findings of Fact for 164 Dundee Avenue as presented and agreed upon to by the Commission by Scarpelli/Bernstein. 6 Ayes (Scarpelli, Meyer, Steneck, Bernstein, Brewer and Schock). 0 Nays. 3 Absent (Holliman, Apke and Muscat). Motion carries.
3. PUBLIC HEARING - On an application for a variance for 220 Dundee Avenue, East Dundee Illinois. The requested variance is from section 157.054 (G)(4) for a variance from the required 40’ rear yard to allow for the expansion of the existing building located in the rear of the property and reduce the rear yard to 2.16’
Motion to open the Public Hearing by Scarpelli/Steneck. Motion carries by unanimous vote.
Chairman Brewer stated that the petitioner is not present nor is their any public testimony or comment. Scarpelli added that without the petitioner here, there is no proof that the certified mailing notices were sent out. He suggested the hearing be tabled.
Motion to continue the public hearing to January 12, 2017 by Scarpelli/Schock. Motion carries by unanimous vote.
HISTORIC COMMISSION: None
Motion to adjourn the Planning and Zoning Meeting at 7:53pm by Schock/Steneck. Motion passed by unanimous vote. Meeting adjourns.