Docket 2014-016

Docket 2014-016
RECAP
Ward# 4
DOCKET NO:
2014-016
ADDRESS:
1030 North Grand Avenue East
PETITIONER:
Ray Mogle
PRESENT ZONING
CLASSIFICATION:
REQUESTED
ZONING RELIEF:
S-3, Central Shopping District, Section 155.032 with a use variance
to allow storage of classic cars(Docket 2009-001).
Reclassification to B-1, Highway Business Service District, Section
155.033 and Vary Sections 155.111, Access to off-street parking facilities,
to back out onto the right-of-way and Section 155.114, Regulations for
the location of off-street parking facilities to allow parking in the fl'Ont
yard.
COMMENTS:
To allow Petitioner to sell used automobiles.
OBJECTORS:
None
AMENDED
SPRINGFIELD-SANGAMON
COUNTY REGIONAL
PLANNING COMMISSION
RECOMMENDATION:
PLANNING AND ZONING
COMMISSION
RECOMMENDATION:
DATE:
Denial of the requested B·1 zoning, but recommend approval for a Use
Variance in the S-3 zoning district, to allow the storage and sale of classic
cars with outside parking of said cars
To deny the petition as submitted but accept the staff's amended
recommendation for a Use Variance to allow the storage and sale of
classic cars with outside parking of said cars.
May21,2014
(Continued from Apri116, 2014)
CITY COUNCIL ACTION:
DATE:
Docket# 2014-016
June 17,2014
1030 North Grand Ave East
Docket 2014-016
SPRINGFIELD PLANNING AND ZONING COMMISSION
SPRINGFIELD, ILLINOIS
IN THE MATTER OF THE PETITION
Ray Mogle
)
)
)
DOCKET NO. 2014-016
PROPERTY LOCATED AT:
1030 North Grand Ave East
RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION
TillS MATTER, coming on for a heariog before the Springfield Planniog and Zoniog Commission of the City of
Spriogfield, Illinois, and it appeariog to said Commission that a petition for a Reclassification to B-1, Highway Business
Service District, Section 155.033, and Vary Sections 155.111, Access to off-street parking facilities, to back out onto
the right-of-way and Section 155.114, Regulations for the location of off-street parking facilities to allow parkiog
in the front yard ofthe Zoning regulations of said City has been filed hereio by the above-captioned Petitioner;
that Legal publication has been made pursuant to law; and that a public heariog was held on May 21, 2014, pursuant to law
and that said Commission took testimony of witnesses, examioed the evidence, otherwise beiog fully advised
io the premises, therefore fmds as follows:
I.
That said Commission has jurisdiction to consider the petition filed hereio.
2.
That the above-captioned petitioner is the owoer and/or has a beneficial ioterest in the property more particularly
described as:
The North U4 feet of Lots 1 and 2 in Block 1 of John W. Priest's Addition, situated in the County of
Sangamon and the State of Illinois and further identified as Index 14-27-0-203-007.
3. That the present zoniog of said property is 8-3, Central Shopping District, Section 155.032 with a use
variance to allow storage of classic cars(Docket 2009-001).
4.
That the present land use of said property is brick building used for storing classic cars.
5.
That the proposed land use of said property is to sale used vehicles.
6.
That the changes requested is a Reclassification to B-1, Highway Business Service District, Section 155.033 and
Vary Sections 155.11, Access to off-street parking facilities, to back out onto the right-of-way and Section
155.114, Regulations for location of off-street parking facilities to allow parking in the front yard.
7
That the required findiogs and standards of the Planning and Zoning Commission are accurately stated on the
attached exhibits.
8
That the evidence adduced at the heariog did support the proposition that the adoption ofthe proposed request
is in the public ioterest.
BELOW is the RECOMMENDATION of the Spriogfield Plarmiog and Zoniog Commission:
Motion made by: Commissioner Mills
Motion seconded by: Commissioner Wood
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
To deny the petition as submitted but accept the stafrs amended recommendation for a Use Variance to allow
the storage and sale of classic cars with outside parking of said cars.
The vote of the Commission was as follows:
No: 00
Absent: 0 I
Yes: 08
Chairman i
I,
Docket 2014-016
FINDINGS OF FACT
Case#:
Address:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
2014-016
1030 North Grand Avenue East
Existing uses of property within the general area of the property in question.
North: State of Illinois office building. South: Apartment building.
Southwest: Single family residences. Northeast: High School. East:
Single-family residences. West: Retail.
The zoning classification of property within the general area of the property in
question.
North and northwest: 1-1. Northeast, south and east: R-2. West: S-3. S-2
is also located one block south of the subject property.
The suitability of the property in question to the uses permitted under the
existing zoning classification.
The property contains a building that is suitable to the uses permitted
under the existing zoning classification.
The trend of development, if any, in the general area of the property in
question, including changes, if any, Which have taken place since the day the
property in question was placed in its present zoning classification.
The area has remained somewhat stable with the location of the State of
Illinois office building that replaced a manufacturing company and the
high school located across the street to the northeast Retail uses have
developed west of the property meeting up with the glh Street commercial
corridor.
The relationship of the uses allowed under the proposed zoning classification
to the Official City Plan.
The City Plan indicates that 11 1h Street, south of North Grand Avenue
East might benefit from some commercial development; however, further
encroachment should be prevented into residential areas. The uses
allowed in the B-1 district often involve objectionable influences that are
incompatible with residential uses and light retail uses. As such, the
request for B-1 zoning appears to be contrary to the City Plan.
If the Commission finds that both existing zoning classification and the zoning
classification requested in the proposed amendment are inappropriate, the
Commission shall make a finding on the appropriate zoning classification for
the property.
The existing zoning classification is appropriate.
Chairman\
\
Case# 2014-016
Docket 2014-016
STANDARDS FOR VARIATIONS
Case#:
Address:
(i)
2014-016
1030 North Grand Avenue East
Can the property in question be economically used or yield a reasonable
return, if permitted to be used only for the conditions allowed by the
regulations?
The petitioner provided evidence related to the difficulty in leasing the
building resulting in an economic yield.
(ii)
Is the plight of the owner due to unique circumstances?
The petitioner provided testimony regarding the configuration of the lot
and that ingress/egress had been established to be in conjunction with
utilization of the right-of-way.
(iii)
Will the variation, if granted, alter the essential character of the locality, impair
an adequate supply of light and air to adjacent property, increase the
congestion of traffic, or diminish or impair property values in the locality?
The subject property is small and the area for parking is limited. Staff
has concerns that the requested variances will result in traffic
congestion in an area that has a great deal of traffic.
Chairman \
Case# 2014-016
Docket 2014-016
STANDARDS FOR VARIATIONS
USE VARIANCE TO ALLOW STORAGE AND SALES OF CARS
WITH PARKING OUTSIDE
Case#:
Address:
(i)
2014-016
1030 North Grand Avenue East
Can the property in question be economically used or yield a reasonable
return, if permitted to be used only for the conditions allowed by the
regulations?
The petitioner provided evidence related to the difficulty in leasing the
building resulting in an economic yield.
(ii)
Is the plight of the owner due to unique circumstances?
The petitioner provided testimony regarding the configuration of the lot
and that ingress/egress had been established to be in conjunction with
utilization of the right-of-way.
(iii)
Will the variation, if granted, alter the essential character of the locality, impair
an adequate supply of light and air to adjacent property, increase the
congestion of traffic, or diminish or impair property values in the locality?
The petitioner provided evidence of a parking plan to be approved by
the traffic engineer.
Case# 2014-016
Docket 2014-016
3U
CITY OF SPRINGFIELD
PETITION FOR RECLASSIFICATION
AND FOR VARIATIONS OF PROVISIONS OF THE CITY CODE
?--oJGf --o10
STATE OF ILLINOIS
ss
COUNTY OF SANGAMON
IN THE MATIER OF THE PETITION OF
Ray W. Mogle
SPRINGFIELD, ILLINOIS, RESPECTFULLY
PETITIONS FOR AMENDMENT OF THE ZONING ORDINANCE OF THE CITYOF SPRINGFIELD, ILLINOIS, TO
RECLASSIFY PROPERTY COMMONLY KNOWN AS
1030 North Grand Avenue East
FROM S-3
Which is Central Shopping District, TO
B-1
, Highway Business Service District,
With Variance: 155.111 Access Offstreet Parking
155.114 Parking in Front Yard
TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF SPRINGFIELD,
ILLINOIS; AND
TO THE SPRINGFIELD PLANNING AND ZONING COMMISSION OF THE CITY OF SPRINGFIELD, ILLLINOIS:
COMES NOW Petitioner, Ray W. Mogle , respectfully petitions the Council of the City of
Springfield as follows:
1.
The Petitioner is the owner of 1030 North Grand Avenue East, Springfield, Illinois
legally described as:
The North 114 feet of Lots 1 and 2 in Block 1 of John W. Priest's Addition,
Situated in the County of Sangamon, and the State of Illinois and further
identified as Parcel Number 14-27.0-203-007.
2. Said property is located on North Grand Avenue East, consisting of approximately
5024 square feet with 9263 square feet of land.
3. The improvements (or structures) located on said property are a brick building used
for storing classic cars.
4.
The subject real estate is currently classified in the S-3 Central Shopping District.
5. The Petitioner, Ray W. Mogle desires to sell used automobiles.
Docket 2014-016
1030 North Grand Ave. East
2
6. The Petitioner to be in compliance with the Zoning Ordinance, and be able to
construct, erect, maintain, and operate petitioner's proposed project (use), said
property must be classified to B-1 Highway Service Business District under the
Zoning Ordinance of the City of Springfield, Illinois.
7.
Petitioner to be able to erect, construct develop, maintain Petitioner's proposed
development (use) will require variance(s) as requested on the application of the
regulations of the Zoning Ordinance of the City of Springfield as they apply to said
described property as follows:
Petitioner request variance:
155.111
Access Offstreet Parking
155.114
Parking in Front Yard
(1) Changing the zoning classification of the above described property from an
S-3 Central Shopping District to B-1 Highway Business Service District for
purpose of selling used automobiles.
(2) That the Council of the City of Springfield, Illinois may grant a variance :
155.111
Access Offstreet Parking
155.114
Parking in Front Yard
In order to make the selling of used cars possible .
Respectfully submitted,
Ray Mogle
1717 Noble Ave.
Springfield, IL 62704
217-306-4705
Docket 2014-016
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Docket 2014-016
Legal Notice
State Journal Register
March 28, 2014
A.M. One Run:
The Springfield Planning and Zoning Commission will meet on Wednesday, April16, 2014 at 6:00p.m. in
the City Council Chamber of the Municipal Center West to hear the following petition.
A petition to reclassify property form S-3, Central Shopping District, Section 155.032 to B-1, Highway
Business Service District, Section 155.033, and to vary sections 155.111, Access to off-street parking
facilities, to back out onto the right-of-way and section 155.114, Regulations for the location of offstreet parking facilities to allow parking in the required front yard, of the Springfield Zoning Ordinance.
The petitioner desires to sell used automobiles and to be in compliance with the zoning ordinance needs
to reclassify this property from S-3 to B-1.
Improvements (or structures) located on said property are a brick building used for storing classic cars.
The subject real estate is currently classified in the S-3, Central Shopping District, section 155.032 with a
Use Variance to allow petitioner to store his classic cars, Docket No. 2009-001.
Legally described as: The North 114 feet oflots 1 and 2 in Block 1 of John W. Priest's Addition, situated
in the County of Sangamon and the State of Illinois and further identified as Index 14-27-0-203-007
The property is located at 1030 East North Grand Ave, Springfield, Illinois
The petitioner is Ray W. Mogle
Docket No.2014-016
Matthew Mclaughlin
City Zoning Administrator
Docket 2014-016
BUILDING AND ZoNING DEPARTMENT
CITY OF SPRINGFIELD, ILLINOIS
1030 North Grand Ave East
The Springfield Planning and Zoning Commission will meet on Wednesday, April16, 2014 at 6:00 p.m. in
the City Council Chamber of the Municipal Center West to hear the following petition.
A petition to reclassify property form S-3, Central Shopping District, Section 155.032 to B-1, Highway
Business Service District, Section 155.033, and to vary sections 155.111, Access to off-street parking
facilities, to back out onto the right-of-way and section 155.114, Regulations for the location of offstreet parking facilities to allow parking in the required front yard, of the Springfield Zoning Ordinance.
The petitioner desires to sell used automobiles and to be in compliance with the zoning ordinance needs
to reclassify this property from S-3 to B-1.
Improvements (or structures) located on said property are a brick building used for storing classic cars.
The subject real estate is currently classified in the S-3, Central Shopping District, section 155.032 with a
Use Variance to allow petitioner to store his classic cars, Docket No. 2009-001.
The petitioner is Ray W. Mogle
The Springfield City Council will meet on Tuesday, May 20, 2014 at 5:30 p.m. in the City Council Chamber
of the Municipal Center West to consider the recommendation of the Springfield Planning and Zoning
Commission.
All Interested citizens are Invited to attend both meetings to express their view. If you have any
questions concerning this matter, please feel free to contact the Building and Zoning Department at
789-2171
Docket No.2014-016
....,,
304 MUNICIPAL CENTER WEST • SPRJNGFJIJLO, ILLINOIS 62701 • (217) 789-2171 • FAX (217) 789-2048
Docket 2014-016
Rll '1'"'"'~· 1· '""'""""' .:,,,,,
Iilii
AMENDED
Regional Planning Cnmmissinn
SPRINGFIELD ZONING CASE# -'2=0:. . : .1. . :. .4--=-0.. .:. .16=-----
-----
Staff Findings and Recommendation
ADDRESS
ins ected
4-1-14
REQUESTED ZONING
PROPOSED LAND USE
1030 North Grand Avenue East
Property Index#
14-27-203-007
B-1, Highway Business Service District, Section 155.033 and Vary Sections 155.111,
Access to off-street parking facilities, to back out onto the right-of-way and Section
155.114, Regulations for the location of off-street parking facilities to allow parking
in the front yard.
Sales of used vehicles.
EXISTING:
ZONING
LAND USE
S-3, Central Shopping District, Section 155.032 with a use variance to allow storage of classic cars
(Docket No. 2009-001).
Brick building used for storing classic cars.
ROAD FRONTAGE
North Grand Avenue East 81.25'
~~~-------------------
STRUCTURE DESIGNED FOR
CONDITION OF STRUCTURE
LOTAREA
FRONT YARD
SIDE YARDS
REAR YARD
Good
Offices. Previously used as a day care center and storage for classic cars.
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Would the proposed zoning be spot zoning?
Is the proposed zoning in accord with the City Plan?
If not in accord, is the request an acceptable variation?
Yes
No
No--
PLANNING COMMISSION STAFF RECOMMENDATION:
Recommend denial. The City Plan indicates that 11th Street, south of North Grand Avenue East might benefit
from some commercial development; however, further encroachment should be prevented into residential
areas. The uses allowed In the B-1 district often involve objectionable Influences that are Incompatible with
residential uses and light retail uses. As such, the request B-1 zoning appears to be contrary to the City Plan.
There is concern that granting the variances would create additional traffic congestion at this location.
AMENDED: Recommend denial as the B-1 zoning is considered to be contrary to the City Plan. In the
alternative recommend approval of a Use Variance in the S-3 zoning district at this location to allow the
storage and sale of classic cars with the parking outside. Evidence was provided regarding a parking plan that
will minimize the negative impact on the Immediate area.
Case# 2014-016, Pg. 1 of 5
Docket 2014-016
City Zoning
Case# 2014-016
Sta le Office
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Case# 2014-016, Pg. 2 of 5
Docket 2014-016
J. Michael Houston, Mayor
Phone: (217) 789-2255
Far: (217) 789-2366
Mark E. Mahoney, Director
OFFICE OF PUBLIC WORKS
ROOM 201, MUNICIPAL CENTER WEST
CITY OF SPRINGFIELD, ILLINOIS 62701
MEMORANDUM
TO:
Matt McLaughlin, Zoning Administrator
Building & Zoning
FROM:
Nathan Bottom, P.E., City Engineer \'-~'"-~
Lori B. Williams, P.E., Traffic Engineer l.)?U'
DATE:
May 16,2014
RE:
Zoning Agenda- May 21, 2014
Docket# 2014-016
1050 North Grand Avenue East
This propetiy is located by a signalized intersection. We would recommend denial of
va1ying section 155.111, access to off-street parking facilities, to back out on the rightofway. The intersection is located on two arterial streets and adjacent to a High
School. There are more pedestrians in this area due to the school. We would
recommend denial ofva1ying section 155.114, regulations for location of off-street
parking facilities to allow parking in the required front yard. Since tltis property is
located adjacent to a signalized httersection. Parking in the front yard could
compromise the sight distance of the intersection.
Docket # 2014-019
2721-2939 Veterans Parkway
The sign does not meet the Illinois Depm1ment ofTranspo11ation criteria for being
adjacent to a state highway, therefore we recommend denial.
Docket# 2014-028
2025 South MacAithur Boulevard
We have no objections to tbe petition as long as the parking lot is not affected by
outside seating.
Docket# 2014-029
1322 South It"' Street
This property does not appear to have any parking on site. We would 1:ecommend
denial of the petition for tbis reason.
Docket# 2014-030
1940 East Jackson Street
This property does not appear to have any parking on site. We would recommend
denial of the petition for this reason.
Docket 2014-016
Docket# 2014-031
929 West Govemor
This property does not appear to have the required parking spaces on site for a Duplex.
We would recommend denial of the petition for this reason.
Docket# 2014-032
1601 East Converse
This non confonning use does not have enough parking on site to support the current
foot print of the business. We would recommend denial of the petition as all the
parking is suppmted on public right of way and is currently maxed out in the block
around this business.
Docket# 2014-033
2416 Lehigh Drive (fence final)
Although this fence is technically in the fi·ont yard, the propetty abuts the back yard of
the propetty to the south. Lehigh Drive dead ends at the propetty line. There appears
to be no sight distance issues with the location of the fence to either pedestrian ot·
vehicular traffic. We would recommend approval of the petition.
Docket# 2014-034
1717 SouthLiucolnAvenue
We have no objections to the petition as it does not affect traffic in the area.
Docket# 2014-035
800 Notth Street
We have no objections to the petition.
Docket# 2014-036
201 East Madison and 326 Nroth 2"d Street
We have no objections to the petition.
Docket #20 14-03 7
620 West Browning Road
We would recommend 2 years to provide the proper surfaced parking lot on the site
based our recommendations for this in past chases askiug for resurfacing relief.
Docket# 2014-038
3125 Lake Plaza Dl'lve
We have no objections to the petition as long as the parking lot is not affected by
outside seating.
Docket# 2014-039
334-412 Nmth 2"d Street
We have no objections to the petition.
CC:
Mark Mahoney, Director Public Works
Docket 2014-016
Harris, John Sullivan
From:
Sent:
To:
Subject:
Mlacnik, Dan F [Dan.Miacnik@illinois.gov]
Thursday, April24, 2014 4:31 PM
Harris, John Sullivan; 'dan.mlacnik@illinois.gov'; 'michael.p.irwin@illinois.gov'
RE: May planning and zoning agenda and information
John,
We have reviewed and have no comments on the petitions to be brought forward this month. Thank you for keeping us
informed of City Zoning issues.
Dan Mlacnik, P.E.
Geometries Engineer
Illinois Department of Transportation
Region 4/District 6
126 East Ash Street
Springfield, IL 62704-4792
Phone: (217) 785-5333
Fax: (217) 557-8723
Email: Dan.Miacnik@illinois.gov
From: Harris; John Sullivan [mailto:John.Harris@cwlp.com]
Sent: Thursday, April 24, 2014 2:01 PM
To: 'dan.mlacnik@illinois.gov'; 'michael.p.irwin@illinois.gov'
Subject: May planning and zoning agenda and information
Attached is the Agenda and dockets for the May 21, 2014 Planning and Zoning Commission meeting.
Thank you
John
1
Docket 2014-016
SPRINGFIELD PLANNING AND ZONING COMMISSION
RE:
Docket No.
2014-016
Date: Apri116, 2014
Address: 1030 North Grand Ave East
Motion Made by: Commissioner Oblinger
Seconded by:
Commissioner Wood
MOTION: Grant a 30 day continuence
FIRST VOTE
y
SISK
X
STROM
ABSENT
YAZELL
ABSENT
MOORE
X
STRATTON
X
ALEXANDER
X
OBLINGER
X
MOSS
X
WOOD
VICE CHAIRMAN
MILLS
X
N
SECOND VOTE
y
N
Docket 2014-016
SPRINGFIELD PLANNING AND ZONING COMMISSION
RE:
Docket No.
Date: May 21, 2014
2014-016
Address: 1050 East North Grand
Motion Made by: Commissioner Mills
Seconded by:
Commissioner Wood
MOTION: To deny the petition but accept the staff's amended approved recommendation of a Use
Variance
FIRST VOTE
y
MILLS
X
STROM
A
YAZELL
X
MOORE
X
STRATTON
X
ALEXANDER
X
OBLINGER
X
MOSS
X
WOOD
X
CHAIRMAN
SISK
N
ISECOND VOTE
y
I
N
I
I