VILLAGE OF HOFFMAN ESTATES PLANNING AND ZONING …

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PROJECT NO.: 2020-021P PROJECT NAME: Adesa Electric Fence Variation

PROJECT ADDRESS/LOCATION: 2550 BEVERLEY ROAD PUBLIC HEARING

YES NO

REZONING MASTER SIGN PLAN SPECIAL USE VARIATION SITE PLAN PLAT

MEETING DATE: NOVEMBER 18, 2020 STAFF ASSIGNED: KEVIN ANDERSON REQUESTED MOTION Request by AMAROK, LLC (applicant) and Adesa Illinois, LLC (owner) to consider a request approval for the following on the property located at 2550 Beverly Road:

1. Variation from the Zoning Code Section 9-3-3-C-1 to permit a fence to be ten (10) feet in height instead of the maximum permitted seven (7) feet;

2. Variation from the Zoning Code Section 9-3-3-B-1 to permit an electrically charged fence; and

3. Site plan amendment to permit the construction of a second perimeter fence.

INCLUDES RECOMMENDED CONDITION(S) YES NO

ACRES: 63 ACRES ZONING DISTRICT: M-2 Manufacturing ADJACENT NORTH: AG Agricultural SOUTH: O-3 Office District PROPERTIES: EAST: O-5 Office District WEST: AG Agricultural APPLICABLE ZONING CODE SECTIONS Section 9-3-3-C-1 of the Zoning Code states that fences seven (7) feet above grade are permitted in Manufacturing zoned districts. Section 9-3-3-B-1 “Prohibited Fences” includes barbed wire and electrically charged wire, except that barbed wire may be used on top of permitted fences in Manufacturing Districts and within the Agricultural District.

Planning and Zoning Commission Staff Report for Adesa Electric Fence Variation Meeting Date: November 18, 2020

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BACKGROUND

Adesa Inc. is a wholesale vehicle auction company that hosts weekly vehicle auctions both on-site and online. The subject property, approximately 63 acres, is currently improved with 4 buildings related to the Adesa operations and a large surface parking area for storage of their vehicles awaiting auction. There is also a 613 space parking area for customers and employees on the eastern portion of the property. An approximately 12 acre storm water management area covers the western portion of the property.

Properties to the north and east of the subject site are currently vacant. West of the subject site is an existing gravel excavation business. South of the subject site is Life Changers Church and associated school.

Adesa made a request for a 10 foot tall electrified fence in conjunction with their original site plan,

rezoning and subdivision in 2015. In March 2015 the Planning and Zoning Commission recommended approval of the plans including the

condition that the proposed fences would not exceed 7 feet in height, effectively meeting the height restrictions of the Code. The Village Board approved the electric fence including the 7 foot height restriction by Ordinance #4472-2015.

Ultimately, the applicant constructed the chain link fence with 1 foot of barbed wire on top but did not

construct the secondary electrified fence. The zoning approvals for the electrified fence lapsed one year after approval.

PROPOSAL

The Petitioner has submitted plans for a new 10 foot tall electrically charged fence.

The proposed fence would be constructed around the perimeter of the rear storage parking area and

would be installed directly inside (~6” – 12”) the existing 7 foot tall chain link and barbed wire fence. The existing fence would remain and the two fences would be directly adjacent to one another.

The proposed fence is designed for security purposes. The electric shock does not maim and is not fatal, but is a deterrent for anyone trying to illegally enter the site. The Petitioner has submitted a summary of Police calls made to the property in the last year to demonstrate their need for additional security.

ANALYSIS

The Police and Fire Departments have reviewed the plan and do not have any concerns with the request.

The construction of the fence would not impact emergency services to the site.

The proposed fence would meander around the Village owned water tower property. From the water tower there are two water mains which extend through the subject property and east to service other

Planning and Zoning Commission Staff Report for Adesa Electric Fence Variation Meeting Date: November 18, 2020

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properties in the Village. The water mains on private property are located within easements and the Public Works Department has no concerns with the proposed fence or with access to public utilities.

The proposal would have no change on the daily operations of Adesa. There would be no impact on

parking counts or any other aspect of the site, landscape and engineering plans.

The fence details show signs to be placed every 30 feet identifying it as electrified.

VARIATION STANDARDS Section 9-1-15 of the Zoning Code – Standards for a Variation - states that the Planning and Zoning Commission shall not recommend the adoption of a proposed variation unless it finds that the variation meets the Standards for Variations as set forth in the Zoning Code.

1. The Planning and Zoning Commission shall not recommend the variation of the regulations of the Code unless it shall first

make a finding based upon the evidence presented to it in each specific case that: a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions

allowed by the regulations in the district in which it is located; b. The plight of the owner is due to unique circumstances; c. The variation, if granted, will not alter the essential character of the locality. 2. For the purpose of implementing the above rules, the Planning and Zoning Commission shall also, in making its

determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence;

a. The particular physical surroundings, shape of topographical condition of the specific property involved

would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

b. The conditions upon which the petition for a variation is based would not be applicable, generally, to other property within the same zoning classification;

c. The purpose of the variation is not based exclusively upon a desire to increase the value of the property; d. The alleged difficulty or hardship has not been based exclusively upon a desire to increase the value of

property; e. The granting of the 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; and f. The proposed variation will not impair an adequate supply of light and air to adjacent property, or

substantially increase the congestion in the public streets, or increase the danger of fires, or endanger the public safety, or substantially diminish or impair property values in the neighborhood.

3. The Planning and Zoning Commission may recommend to the Village Board that such conditions and restrictions be

imposed upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this Code.

If this request is approved, the variation ordinance would be granted to the property in perpetuity or until otherwise amended or dissolved by a future ordinance.

Planning and Zoning Commission Staff Report for Adesa Electric Fence Variation Meeting Date: November 18, 2020

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NOTIFICATION Standard public notice was published in the Daily Herald and notification letters were sent to surrounding properties within 300 feet. No comments have been received. RECOMMENDED CONDITIONS If the Planning & Zoning Commission finds that the standards for a variation have been met, staff recommends the following conditions:

1. The owner must obtain a building permit for the proposed fence and meet all applicable code requirements.

2. The improvements shall substantially conform to the Site Plan and fence details submitted with this request.

Attachments: Petitioner Application

Location Map Legal Notice Plat of Survey

Site Plan and Fence plans dated 9/1/2020 Petitioner’s call-for-service log