Du Page County Legislative & Governmental Affairs Committee met March 10.
Here is the minutes provided by the committee:
1. CALL TO ORDER
10:30 AM meeting was called to order by Chair Sam Tornatore at 10:32 AM.
A. Please turn all beepers, pagers and cell phones "off" or to "vibrate" during the meeting
2. ROLL CALL
PRESENT: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
3. CHAIRMAN'S REMARKS - TORNATORE
Chair Tornatore stated he would be pulling the 2020 Strategic Initiatives and the Presentation by Teska Associates from the agenda. These items will be rescheduled for a future meeting.
4. PUBLIC COMMENT
A. Public comment is limited to three minutes per person, at the beginning of the meeting. Any comment on Zoning items must be limited to discussion of testimony and/or evidence presented in the Zoning Board of Appeals. No new testimony or evidence can be presented.
There was no public comment.
5. APPROVAL OF MINUTES
A. Development Committee - Regular Meeting - Feb 18, 2020 10:30 AM
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Elizabeth Chaplin, Vice Chair
SECONDER: Greg Hart, District 3
AYES: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Elizabeth Chaplin, Vice Chair
SECONDER: Greg Hart, District 3
AYES: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
REGULATORY SERVICES
A. DC-P-0074-20 Recommendation for approval of a contract to Harris Govern, for annual software maintenance and support services, as needed, for the period of April 1, 2020 through March 31, 2021, for Building & Zoning - $20,194.49, Division of Transportation - $9,693.36 and Public Works - $4,038.90, for a contract total amount not to exceed $33,926.75; Per 55 ILCS 5/5-1022 "Competitive Bids" (c) not suitable for competitive bids - Sole Source. (Support for Govern System.)
RESULT: APPROVED [UNANIMOUS]
MOVER: Sheila Rutledge, District 6
SECONDER: Greg Hart, District 3
AYES: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
B. DC-O-0024-20 ORDINANCE -- Z19-089 – ORDINANCE – Cook: To approve the following zoning relief: Variation to increase the square footage of a principal building (home) from 3,860 sq. ft to approximately 4,247 sq. ft. (Milton/ District 4) ZHO Recommendation to Approve Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
RESULT: APPROVED [UNANIMOUS]
MOVER: Elizabeth Chaplin, Vice Chair
SECONDER: Sheila Rutledge, District 6
AYES: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
C. DC-O-0025-20 ORDINANCE -- Z19-094 – ORDINANCE – Gates: To approve the following zoning relief: Variation to increase fence height from 4 ft. to 6 ft. and increase opacity from 50 % to 100% for a fence within the corner yard setback. (Downers Grove/ District 2) ZHO Recommendation to Deny DuPage County Development Committee Vote (Motion to Approve Failed): 1 Ayes, 3 Nays, 2 Absent (If the County Board seeks to approve the zoning relief it will require a 3⁄4 majority vote {14 votes} to approve based on the recommendation to deny by the Zoning Hearing Officer)
Paul Hoss explained why the Zoning Hearing Officer recommended to deny this petition. This is a corner side yard and there is a line of sight issue and in addition the fence is in the public right of way. Member Rutledge inquired if some boards could be removed to be in compliance. Mr. Hoss said that the petitioner could, but he is unwilling to do that. Chair Tornatore reminded Committee Members that an Aye vote would be to allow the fence variation and a Nay vote would be consistent with the Zoning Hearing Officer's recommendation to deny.
RESULT: DEFEATED [1 TO 3]
MOVER: Elizabeth Chaplin, Vice Chair
SECONDER: Sheila Rutledge, District 6
AYES: Rutledge
NAYS: Chaplin, Hart, Tornatore
ABSENT: Covert, Ozog
D. DC-O-0026-20 ORDINANCE -- Z20-005 – ORDINANCE – Kiely: To approve the following zoning relief: Conditional Use to increase total area of existing detached accessory buildings (detached garage and shed) from required 850 sq. ft. to approximately 974.49 sq. ft., where they have existed more than 5 years. (Milton/ District 4) ZHO Recommendation to Approve Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
RESULT: APPROVED [UNANIMOUS]
MOVER: Elizabeth Chaplin, Vice Chair
SECONDER: Sheila Rutledge, District 6
AYES: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
E. DC-O-0027-20 ORDINANCE -- Z20-007 – ORDINANCE – Rouille: To approve the following zoning relief: Variation to allow commercial equipment (shipping container) on an R-4 Single Family property. (Winfield/ District 6) ZHO Recommendation to Deny DuPage County Development Committee Vote (Motion to Approve Failed): 0 Ayes, 4 Nays, 2 Absent (If the County Board seeks to approve the zoning relief it will require a 3⁄4 majority vote {14 votes} to approve based on the recommendation to deny by the Zoning Hearing Officer)
Member Rutledge shared that she is a volunteer at Danada and hay is a serious problem for horse owners right now. She noted that this property is on a dead end street and backs up to a forest preserve. She believes that this owner may not be able to access hay on a regular basis to feed his horses. She thinks it would be good to allow this storage, so that the owner can feed his horses. Mr. Hoss told the Committee that this petition is due to a violation notice and the property owner came in right away to seek zoning relief. The property owner was given some time to abate the violation. The property owner chose to seek the variation to allow this cargo container, a piece of commercial equipment, which cannot be permitted through the Building Department. The Zoning Hearing Officer felt that there was no hardship or practical difficulty relative to the cargo container. Member Chaplin inquired if there are options for off site storage facilities. Mr. Hoss explained that the amount of hay needed for the three horses would be difficult to store off site. Member Chaplin followed up by asking if the petitioner could build a barn or something similar to store the hay in. Mr. Hoss answered that yes, they could and the County would allow them to keep the cargo container until they could build another structure that would be in compliance with the code. Chair Tornatore reiterated to Members, that an Aye vote is to allow the container and a Nay vote would deny the zoning relief.
RESULT: DEFEATED [0 TO 4]
MOVER: Elizabeth Chaplin, Vice Chair
SECONDER: Sheila Rutledge, District 6
NAYS: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
F. DC-O-0028-20 ORDINANCE -- Z20-008 – ORDINANCE – Scott: To approve the following zoning relief: Conditional use to allow existing deck to remain closer than 3 feet from the side property line (approx. 0.6 ft), where it has existed for at least 5 years. (Milton/ District 4) ZHO Recommendation to Approve Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
RESULT: APPROVED [UNANIMOUS]
MOVER: Elizabeth Chaplin, Vice Chair
SECONDER: Greg Hart, District 3
AYES: Chaplin, Hart, Rutledge, Tornatore
ABSENT: Covert, Ozog
G. Informational -- FY 2020 Strategic Initiatives
Presentation by Teska Associates of the Rt 83 Land Use Plan Update
7. OLD BUSINESS
There was no Old Business.
8. NEW BUSINESS
There is no New Business.
9. ADJOURNMENT
Without Objection the Meeting was Adjourned at 10:46 a.m.
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