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File #: ORD 18-403    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 10/1/2018 Final action: 10/1/2018
Title: Concur with the Zoning Board of Appeals' Recommendation and Adopt an Ordinance Granting a Special Use Permit to Construct a Multiple-Family Dwelling Building at 500-508 Lyman Avenue
Attachments: 1. Ordinance, 2. Findings of Fact, 3. Application, 4. Drawings, 5. Staff Report

Submitted By                     

Michael Quinn, ZBA Chair through Tammie Grossman, Development Customer Services Director 

 

Reviewed By

CLP

 

Agenda Item Title

Title

Concur with the Zoning Board of Appeals’ Recommendation and Adopt an Ordinance Granting a Special Use Permit to Construct a Multiple-Family Dwelling Building at 500-508 Lyman Avenue

 

End

Overview

Overview

An application submitted by Mr. Tim Pomaville with Ambrosia Homes, seeks a special use permit pursuant to Section 8.3 (Table 8-1: Use Matrix) of the Oak Park Zoning Ordinance, to construct a multiple-family building with 23 dwelling units within the MS Madison Street District located 500-508 Lyman Avenue.

 

End

Recommendation

Recommendation

The Zoning Board of Appeals recommends approval of the special use application.

 

Body

Staff Recommendation

Staff supports the Zoning Board of Appeal’s recommendation.

 

Fiscal Impact

Village cost for public notice.

 

Background

The Subject Property is a zoning lot approximately 124’ x 144’ located at the southeast corner of Madison Steet and Lyman Avenue; is currently vacant; and is located in the MS Madison Steet District. The lot prior to becoming vacant was improved with single-family dwelling units. The proposal consists of a new construction, three-story, 23-unit, Luxury apartment building with a 23 space parking lot at the rear.  This is also the property subject to the failed attempt by the Taco Bell corporation.

 

Alternatives

The Village Board can accept the recommendation as presented, deny the application, or approve the application with modifications.

 

Previous Board Action

N/A.

 

Citizen Advisory Commission Action

The Zoning Board of Appeals held a public hearing on September 5, 2018. No one testified in opposition to the requested special use permit.   The Zoning Board of Appeals ratified their findings of fact by a 7-0 vote on September 5. 2018.  It should be noted that one person spoke in favor of the proposal.  It was requested that the Village impose conditions pursuant to Section14.2 of the Zoning Ordinance which allows the Village to place conditions and restrictions as may be deemed necessary for the protection of the public health, safety, and welfare.  The proponent indicated that one of the adjacent neighbors has COPD (Chronic Obstructive Pulmonary Disease), so it is especially important that the developer apply Dust Emission Standards before, during and after construction. Some dust control techniques include:

 

1. Plant or mulch areas not intended for pedestrians or vehicles.

2. Spray water to reduce emissions from temporary sources.

3. Clear vegetation only from areas to be worked on that day.

4. Use wind screens to restrict dust especially during high wind periods.

5. Apply chemical suppressants.

 

The ZBA did not include these suggestions offered through public testimony in their findings of fact as they felt the Village construction regulations would incorporate best practices.  Wind screens on the construction fence and spraying water, when necessary, during demolition is standard.  It if the Village Board feels any of these should be included as a condition in the special use permit, they can be added.

 

Anticipated Future Actions/Commitments

N/A.

 

Intergovernmental Cooperation Opportunities

Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.

 

Performance Management (MAP) Alignment

A Governance Priority established for the Development Customer Services Department is Land Use Regulations.