Rockford Sun

City of Rockford Zoning Board of Appeals met Dec. 19.

Here are the minutes provided by the board:

Present:

ZBA Members: Craig Sockwell

Dan Roszkowski

Jennifer Smith

Jarmeise McNeal

Jennifer Spencer

Absent: Tom Fabiano

Kim Johnsen

Staff: Scott Capovilla - Planning and Zoning Manager

Jeremy Carter – Engineering Operations Manager

Tim Morris - Fire Prevention Coordinator

Jacob Rubin – Assistant City Attorney

Traci Madison – Administrative Assistant

Others:

Isidro Barrios – 11th Ward Alderman

Jeffrey Bailey – 13th Ward Alderman

Camille Connell Court Stenographer

Applicants and interested parties

Scott Capovilla, Planning & Zoning Manager, explained the format of the meeting will follow the Boards Rules of Procedure generally outlined as follows:

∙ The Chair will call the address of the application.

∙ The Applicant or Representative will come forward and be sworn in.

∙ The Applicant or representative will present their request to the Board.

∙ The Board will ask any questions they may have regarding this application.

∙ The Chairman will then ask if there are any Objectors or Interested Parties. Objectors or Interested Parties are to come forward at that time, be sworn in by the Chairman, and give their name to the Zoning Board of Appeals secretary and the stenographer.

∙ The Objector or Interested Party will state their name and present all their concerns, objections and questions regarding the application.

∙ The Board will ask any questions they may have of the Objector or Interested Party.

∙ The Applicant will have an opportunity to rebut the concerns/questions raised by the Objector or Interested Party.

∙ No further discussion from the Objector or Interested Party will occur after the rebuttal of the Applicant.

∙ The Board will ask any final questions they may have regarding this application. ∙ The Board will then deliberate and a roll call vote taken.

The ZBA meeting is not a final vote on any item. However, it is the only time in which the public may participate. After the ZBA meeting, the item moves on to the Code & Regulation Committee. Although, the public is invited to attend the meeting, public input is not allowed at the committee meeting. The date of the Code & Regulation meeting will be Monday, January 8, 2024 at 5:30 PM in City Council Chambers (2nd floor of City Hall) as the second vote on these items. The third and final meeting in this process is the City Council. That vote is tentatively scheduled Monday, January 8, 2024. If the item is laid over at the ZBA meeting, the next meeting is Wednesday, January 17, 2024. If for any reason the item is laid over at the committee level or on the City Council floor, the item is automatically laid over for two (2) weeks.

The meeting was called to order at 5:36 P.M.

A MOTION was made by Craig Sockwell to APPROVE the November 21, 2023 meeting minutes. The motion was SECONDED by Dan Roszkowski and CARRIED by a vote of 4-0-1 with Jennifer Spencer abstaining.

ZBA 064-23 1215 Parkside Drive

Applicant Fortino Carrillo

Ward 8 Zoning Map Amendment from C-2, Limited Commercial Zoning District to R 1, Single-family Residential Zoning District.

Laid over from November

The Applicant, Fortino Carrillo, is asking for approval at 1215 Parkside Drive to be amended from commercial zoning to single family residential zoning.

Assistant City Attorney Jacob Rubin asked Mr. Carrillo if he had received and read the staff report. Mr. Carrillo answered yes. Attorney Rubin stated that one of the conditions is for submittal of a building permit and asked Mr. Carrillo if he agreed to this condition. Mr. Carrillo answered yes. Mr. Rubin stated that another condition is to submit a detailed site plan indicating removal of some pavement and asked Mr. Carrillo if he agreed to this condition as well. Mr. Carrillo answered yes.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVE a Zoning Map Amendment from C 2, Limited Commercial Zoning District to R-1, Single-family Residential Zoning District. The motion was SECONDED by Dan Roszkowski and CARRIED by a vote of 5-0.

FINDINGS OF FACT FOR APPROVAL OF A ZONING MAP AMENDMENT FROM C-2, LIMITED COMMERCIAL ZONING DISTRICT TO R-1, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 1215 PARKSIDE DRIVE

Approval of this Zoning Map Amendment is based upon the following findings:

1) The proposed Zoning Map change is consistent with Article II, Intent and Purpose, of the Rockford Zoning Ordinance for the following reasons:

a. This proposal promotes the health, safety, comfort, convenience, morals and general welfare for the citizens of Rockford because it is consistent with the comprehensive plan and surrounding uses;

b. This proposal protects the character, scale and stability of the adjacent residential and commercial because the proposed development will meet all development requirements of this site; and

c. The proposed map amendment would allow for a reasonable development to take place consistent with the surrounding neighborhood.

2) The proposed Zoning Map Amendment is consistent with the approved general plan, the Year 2040 Plan, for the area. The 2040 Plan designates this property as CO, Office.

ZBA 068-23 403 South Henrietta Avenue and 4XX South Day Avenue Applicant Roby Johnson

Ward 13 Variation to increase the maximum allowed square footage for accessory structures from 720 square feet to 1,264 square feet in an R-1, Single-family Residential Zoning District.

13th Ward Alderman Jeff Bailey spoke on behalf of the applicant who is a resident in the 13th Ward. The Applicant, Roby Johnson, was provided misinformation regarding the accessory container on his property. Alderman Bailey stated the Mr. Johnson is seeking approval for a Variance. Alderman Bailey has assisted Mr. Johnson in applying for a building permit, and applying for the Variance with hopes of an approval.

Jennifer Spencer stated that looking at the site plan everything is existing and out of compliance. She wanted to know how this situation came about. Planning & Zoning Manager Scott Capovilla explained that a code violation in regards to the container was brought to the attention of code enforcement staff; therefore, this application is a result of the violation. Alderman Bailey mentioned from the Day Avenue side of the property, which is about 50 yards from the street, the container is not visible and blends in with the home. He said there have been no local residents that have come forth with any kind of complaint or protest regarding the container.

Jennifer Smith asked if there are two different parcels. Mr. Capovilla answered that two lots have been combined. Ms. Smith wanted to know what the wife’s death had to do with this process. Alderman Bailey stated that his predecessor had been working with the applicant’s wife and obviously communication stopped so Mr. Johnson was referred to Alderman Bailey when he was appointed to fill the position.

Craig Sockwell asked what is stored in the container. Alderman Bailey answered motorcycles as Mr. Johnson and his wife were active motorcycle riders there are 3 motorcycles in the container.

Ms. Spencer asked if the shed and container were conforming. Mr. Capovilla stated that the total square footage allowed is over with the shed and the container put it even higher. Mr. Capovilla stated the applicant does not want to move the container. Alderman Bailey stated it would be very costly to have it moved.

Ms. Smith asked about the content of the letter regarding future development plans and if Alderman Bailey knew what the plans consisted of. He said at some point the family would like to extend the deck which is the reason for combining the properties as the family entertains a lot.

Ms. Spencer expressed empathy surrounding the circumstances of this applicant but stated it would set a bad precedent. Mr. Sockwell agreed with Ms. Spencer’s comments.

No objectors or interested parties were present.

Staff recommendation is for denial.

A MOTION was made by Jennifer Spencer to DENY a Variation to increase the maximum allowed square footage for accessory structures from 720 square feet to 1,264 square feet in an R-1, Single family Residential Zoning District. The motion was SECONDED by Dan Roszkowski CARRIED by a vote of 5-0.

ZBA 069-23 2135 15th Street

Applicant Ryan Powers of Cord Construction for Olson & Olson & Olson & Olson, Inc. Ward 11 Variation to reduce the front yard setback from 30 feet to 10 feet for and office Addition in an I-1, Light Industrial Zoning District.

The Applicant, Ryan Powers of Cord Construction, presented on behalf of the owners. Mr. Powers is requesting a Variance to reduce the front yard setback from 30 feet to 10 feet in an industrial zone for an office addition.

Jennifer Spencer asked if the request for the addition is it due to other areas being limited in space. Mr. Powers answered yes. Ms. Spencer asked if the purpose is primarily for additional office space. Mr. Powers answered yes and also a breakroom.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Jarmeise McNeal to APPROVE a Variation to reduce the front yard setback from 30 feet to 10 feet for an office Addition in an I-1, Light Industrial Zoning District. The motion was SECONDED by Jennifer Spencer CARRIED by a vote of 5-0.

FINDINGS OF FACT FOR APPROVAL OF A VARIATION TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 30 FEET TO 10 FEET FOR AN OFFICE ADDITION IN AN I-1, LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 2135 15TH STREET

Approval of this Variation is based upon the following findings:

1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

2. The conditions upon which a petition for this Variation is based are unique to the property for which the Variation is sought and are applicable, generally, to other property within the same zoning classification.

3. The purpose of this Variation is not based exclusively upon a desire to increase the value or income potential of the property.

4. The alleged difficulty or hardship is caused by this Ordinance and has been created by any persons presently having an interest in the property or by any predecessor in title.

5. The granting of this Variation will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located.

6. The proposed Variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair the property values within the neighborhood.

7. The proposed Variation does comply with the spirit and intent of restrictions imposed by this Ordinance.

The 2024 Meeting Schedule carried by a vote 5-0 approved.

No further business to come before the board, the meeting was adjourned at 5:50 P.M.

http://rockfordcityil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2469&Inline=True