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03/11/2014Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 1 DES PLAINES ZONING BOARD MEETING MARCH 11, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, March 11, 2014, at 7:30 p.m., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Saletnik Catalano, otheir, Poracla ABSENT. Schell ALSO PRESENT Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chainnan Seegers called the meeting to order at 7:31 p.m. Roll call was conducted. Chainnan Seegers read this evening's three cases. APPROVAL OF MINUTES: A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to app FON, e the meeting minutes of February 25, 2014, as written. AYES: Saletnik, Catalano, Szabo, Seegers NAYES: None ABSTAIN: Hoflierr ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 1716 Illinois Street Case Number: 14-002- V Petitioner is requesting a variation to Sections 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended to legalize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 34°/y where a maximum of 30% is allowed within the R-1 zoning district. PIN: 09-29-211-064-0000 Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 2 Petitioner: Benjamin Varga, 1716 Illinois Street, Des Plaines, IL 60016 Owner: Teofil Taut, 1716 Illinois Street, Des Plaines, IL 60016 Chairman Seegers swore in Petitioner Benjamin Varga, 1716 Illinois Street, Des Plaines, IL 60016 who advised he is constructing a newer addition to protect the doors in the back yard and accommodate storage. Chairman Seegers asked/stated: • if it is partially built. Petitioner advised — yes, the addition was started without a permit • this has already exceeded the lot coverage. Petitioner advised — he was told it may not have exceeded the lot coverage. Board Member Porada arrived at 7:37 p.m. Chairman Seegers asked/stated: • have you applied for a permit? Petitioner advised —yes • if the slab is on a foundation. Petitioner advised — he was going to put an apron on but was asked to install side walls Chairman Seegers asked if Board Members have any questions. Board Member Catalano asked/stated: • Staff if the previous addition was properly permitted. Mr. Mangum advised — yes • there is no foundation? It's built on a patio. Petitioner advised — there are three posts/pillars (42 inches) like a porch. • where are the piers? Petitioner advised — 9 feet across from the house at 16 -foot lengths (at the corners and in the middle) Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: Petitioner is requesting a variation to Sections 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended, to legalize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 34%, where a maximum of 30% is allowed within the R-1 Zoning District. Analysis: Address 1716 Illinois Street Existing Zoning R-1, Single Family Residential District Petitioner Benjamin Varga, 1716 Illinois Street, Des Plaines, IL 60016 Owner(s) Teofil Taut, 1716 Illinois Street, Des Plaines, IL 60016 PIN 09-29-211-064-0000 Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 3 In reviewing this variation request, staff has considered the following information: The approximately 49 -foot by 126 -foot (6,194 square foot) lot at 1716 Illinois Street is a legal nonconforming lot with regards to both lot width and lot size in the R-1 District. A two story brick single- family residence with detached two -car garage currently exists on site. The applicant proposes to legalize the addition of approximately 146 square feet through a single story addition to the rear of the house. The applicant states that the addition provides protection from the elements for the rear entrance. The existing house and attached garage cover approximately 31.6% of the lot. The proposed addition would place the total building coverage at approximately 2,109.6 square feet (34%), where the zoning ordinance allows a maximum building coverage of 1,858.3 square feet (30%). The property owner received a building permit for a two-story addition to the rear of the house with 525.6 square feet of lot coverage in 2009 (plans attached as Exhibit C). The floor plans show a "mud room" separating the rear entrance from the new family room. In November 2013, the property owner was cited for constructing the newest addition over an existing outdoor concrete patio without a permit. Per Section 3.6-6 of the Zoning Ordinance, lot coverage of up to 20% over the maximum requirements may be allowed as a standard variation. Recommendation: Staff recommends denial of the above -requested lot coverage variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. Staff is recommending denial of the variation as the subject lot was out of compliance following a 2009 addition. The owner created this condition by adding approximately 526 square feet of building coverage (not including the current request) to the lot since the adoption of the 1998 Zoning Ordinance. Zoning Board of Appeals Procedure Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned variance for lot coverage for an addition to a single-family residence in the R-1 zoning district. Chairman Seegers asked the Board if there are any further questions. Board Member Hofherr asked who Mr. Taut is. Petitioner advised — he is the uncle of my wife; he helped me purchase the house (due to a poor credit standing). Chairman Seegers asked if anyone in the audience is in favor of or objects. No one responded. Board Member Szabo asked regarding the letter of acknowledgement under Mr. Gomez, there's a refusal to sign? Petitioner advised — James Gomez (on the north) signed; the neighbor on the South (at 1724) refused to sign because she wasn't advised by the City. Board Member Saletnik stated: • regarding the drawings on the previous permit, there is a vestibule by the back door. Is one there? Petitioner advised — no. • the Petitioner did not follow instructions of the architect, and now it was installed without permission. Petitioner responded that he wanted to build it but was told he couldn't; also it is of no use because it is too small and not big enough for my family. Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 4 A motion was made by Board Member Porada, seconded by Board Member Hofherr, to deny the variance as requested. AYES: Porada, Hofherr, Catalano Szabo, Saletnik, Seegers NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * Board Member Catalano: • asked Staff if 2109.6 square feet includes the existing room. Mr. Mangum advised — yes • believes Petitioner is still over the lot coverage • asked Staff if a variance was granted previously. Mr. Mangum advised — no, but believes the building permit approval was based on a discrepancy in the lot coverage calculations on the approved plans & referred to Page 16, Exhibit C, stating it appears the plans were approved at 29%. Board Member Szabo asked if we need to clean up the error by the Building Department. Mr. Mangum advised — the permits and inspections for the previous addition have been closed and we are just reviewing this petition. Board Member Porada asked Staff if this is final and won't go to City Council. Mr. Mangum concurred. Chairman Seegers repeated that the motion carries and the petition is denied. Petitioner asked if a roof is acceptable. Mr. Mangum stated it could be reviewed. Petitioner advised his neighbor has coverage of over 50%, adding that he would like to place a roof and two side walls. Chairman Seegers advised — it's based on the lot coverage, and it's exceeding as there is no foundation. Board Member Porada stated we should move onto the next case and not entertain more conversation. Chairman Seegers stated the case is closed and advised the Petitioner that he may speak with the Building Department if desired. Petitioner continued, asking why the request is denied. Chairman Seegers reiterated the lot allowance is exceeded. The third case this evening will switch with agenda item #2. 2. Address: 680 N. Wolf Road Case Number: 14 -006 -CU Petitioner is requesting a Conditional Use permit under Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended, to operate a convenience mart fueling station with car wash in the C-3 Zoning District. PIN: 09-07-210-014-0000 Petitioner: Girish Gheewala, 7408 Kedvale Avenue, Skokie, IL 60076 Owner: First Merit Bank, 501 W. North Avenue, Melrose Park, IL 60160 Attorney: Paul Kolpak, 6767 N. Milwaukee Avenue, Chicago, IL Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 5 Chairman Seegers swore in Petitioner Girish Gheewala, 7408 Kedvale Avenue, Skokie, IL 60076 & Paul Kolpak, 6767 N. Milwaukee Avenue, Chicago, IL. Mr. Kolpak stated the same use would be honored with landscaping added. Chairman Seegers asked if there will be any improvements other than landscaping. Mr. Gheewala advised — yes, other enhancements will be made. Board Member Porada clarified that nothing is changing and the only reason the Petitioner is here is because the year has expired from the previous owner? Mr. Mangum concurred. Board Member Porada asked: • regarding the fence to the west, does it abut to townhomes? Mr. Mangum advised — no • is there a fence to the south? Mr. Kolpak advised — there's a guard rail on the south • does landscaping trigger the condition of the fence? Mr. Kolpak advised — his client will maintain the fence Chairman Seegers reported that a fence usually changes zoning between the properties, except in this case. Board Member Catalano asked: • if Petitioner is aware of the conditions and hours. Mr. Gheewala stated — yes • Staff if the condition regarding hours is the same as the previous owner. Mr. Mangum advised -- yes Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: Petitioner is requesting a Conditional Use permit under Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to operate a convenience mart fueling station with car wash in the C-3 Zoning District. Analysis: Address 680 N. Wolf Road Proposed Use Convenience Mart Fueling Station Petitioner Girish Gheewala, 7408 Kedvale Avenue, Skokie, IL 60076 Owner(s) First Merit Bank, 501 W. North Avenue, Melrose Park, IL 60160 PIN 09-07-210-014-0000 Plan of Operation The proposed business would operate 24 hours per day with a maximum of two employees per shift. Existing Zoning C-3, General Commercial Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 6 Surrounding Zoning Street Classification Comprehensive Plan North: C-3, General Commercial East: C-3, General Commercial South: C-3, General Commercial West: C-3, General Commercial Wolf and Central Roads are collector roads according to the City's Comprehensive Plan. Comprehensive Plan recommends Community Commercial land use for this site The applicant has requested a Conditional Use Permit to reopen a Convenience Mart Fueling Station with car wash at 680 N. Wolf Road. A Special Use Permit was approved for a gas station with the current improvements in 1991, however, because the use has been abandoned for more than one year that entitlement is no longer valid. The 27,301 square -foot lot at the southwest corner of Wolf and Central Roads contains an approximately 810 square -foot one-story convenience mart with approximately 650 square feet of retail sales area underneath a canopy and four fuel pump islands. A 1,120 square foot automated car wash building is located toward the southern boundary of the site. The site is accessed by two curb cuts on each of Wolf and Central Roads. The proposed plan of operation includes 24-hour operations with a total of two employees per shift. The applicant requested a waiver of the traffic study requirement and a waiver was granted by the City's Engineering Division. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Convenience Mart Fueling Station is a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3 of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends a Community Commercial use for this area. The proposed commercial use is also a Conditional Use in the current Zoning Ordinance. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Convenience Mart Fueling Station operation fronts two collector streets. Fueling stations are located at two additional corners of the auto oriented intersection. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 7 Comment: With proposed conditions of approval relating to landscaping, and hours of operation, none of the functions of the Convenience Mart Fueling Station operation are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Convenience Mart Fueling Station is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curbs cut on Central and Wolf Roads for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor would it not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: Current parking regulations would require two parking spaces per pump, plus one space per 200 square feet of retail area, however, the site has functioned adequately since its construction in 1991. Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 8 Recommendation: The Community Development Department recommends approval of the Conditional Use Permit request for the establishment of a Convenience Mart Fueling Station with car wash, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, with conditions of approval to partially mitigate impacts of the use: 1. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. 2. Hours of operation of the car wash shall be limited to 6:00 a.m. to 10:00 p.m. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the establishment Convenience Mart Fueling Station with car wash in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor of or objects. No one responded. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to recommend a conditional use permit with these conditions as stated by Staff: 1. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. All fencing shall also be maintained in good condition. 2. Hours of operation of the car wash shall be limited to 6:00 a.m. to 10:00 p.m. AYES: Szabo, Catalano, Saletnik, Hofherr, Porada, Seegers NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * Board Member Szabo recused himself from the final case and left the meeting at 8:08 p.m. 3. Address: 727 W. Golf Road Case Number: 14-003- V Petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow two wall signs totaling approximately 144 square feet, where a maximum of one wall sign of 100 Square feet in size is allowed by code. PIN: 08-13-102-017-0000 Petitioner: Chipman Design (for Walmart Neighborhood Market), 2700 S. River Road, Des Plaines, IL 60018 Owner: Chicago Exhibitors Corporation, 20 N. Martingale Road, Suite 100, Schaumburg, IL 60173 Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 9 Chairman Seegers swore in Petitioner Elena Amoroso, Chipman Design (for Walmart Neighborhood Market), 2700 S. River Road, Des Plaines, IL 60018 who advised Walmart is going to be a new tenant. A variation is requested as the code only allows 1 sign. Request is for: • 1 main sign 125 square feet • 1 way finding Pharmacy sign 18.83 square feet Chairman Seegers asked/stated: • how much of a property will Walmart occupy? Petitioner advised — 40,000 square feet. Mr. Mangum referred to Attachment 2 • are there also other tenants? Petitioner advised -- yes • are there pole signs? Petitioner advised — yes, there are pylon signs — 1 near Dollar Tree and 1 near the Golf Road side Board Member Porada clarified/asked/stated: • linear square footage of signage on frontage with Staff • in Fall of 2011, did we vote to deny the Planet Fitness signage? Mr. Mangum advised — yes, the ZBA recommended to deny to City Council • if one goes to Planet Fitness, it's not impulsive visit. This tenant may have impulsive shoppers. • is there entry from the west facing east? Petitioner advised — yes, we are keeping the same configuration • will the doors be sheltered? Petitioner advised — yes • will the Pharmacy be on the west? Petitioner advised — yes Board Member Saletnik asked if the Pharmacy sign is illuminated, stating there could be smaller text as sign is diminished from the larger sign; is very tasteful. Chairman Seegers stated there are two uses here that the tenant wishes to identify. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: Petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow two wall signs totaling approximately 144 square feet, where a maximum of one wall sign of 100 Square feet in size is allowed by code. Analysis: Address Petitioner 727 W. Golf Road Chipman Design (for Walmart Neighborhood Market), 2700 S. River Road, Des Plaines, IL 60018 OWner(s) Chicago Exhibitors Corporation, 20 N. Martingale Road, Suite 100, Schaumburg, IL 60173 Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 10 PIN 08-13-102-017-0000 In reviewing this variation request, staff has considered the following information: Walmart Neighborhood Market, a grocery store, is in the building permit review process to remodel an approximately 39,000 square foot tenant space within the 154,000 square foot Market Place Shopping Center. The applicant is requesting a variation to allow two wall signs (18.8 square feet and 125.5 square feet) totaling 144 square feet. Section 11.6B of the Zoning Ordinance allows three square feet of wall signage per one linear foot of building frontage up to 100 square feet. The applicant sites the need to identify the pharmacy entry location and similar signage at other businesses as reasons to grant the request. Based on permit records, existing and previous tenants within the shopping center have/had signs of the following sizes: Dollar Tree (82.5 SF), Party Time Palace (100 SF), International Fresca Market (100 SF), and Planet Fitness (148 SF). A major variation was approved for the Planet Fitness wall sign in 2011. Multi -tenant pole signs are located at the perimeter of the property along both Golf and Elmhurst Roads. The request is a major variance, as the size requested is more than 10% greater than allowed by code for a wall sign. Recommendation: Staff recommends approval of the requested wall sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The large setback from the street and recent precedent for a sign variation for a smaller tenant space within the same shopping center are contributing factors in the recommendation. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the variance for wall sign that is greater than 100 square feet. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor of or objects. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve this petition and variation on signage size with recommendation to City Council. AYES: Hofherr, Catalano Saletnik, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY* * * OLD BUSINESS There was no Old Business. Mr. Mangum advised that there will not be a meeting on March 25, 2014; the next meeting will be on April 8, 2014. ADJOURNMENT A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to adjourn, 8:26 p.m. Case #14-002-V 1716 Illinois Case #14-003-V 727 W. Golf Case #14 -006 -CU 680 N. Wolf March 11, 2014 Page 11 AYES: Saletnik Catalano, Hofherr, Porada, Seegers NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners