06/10/2014Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 1
DES PLAINES
ILLINOIS
DES PLAINES ZONING BOARD NiEFTING
JUNE 10, 2014
I\1TNU LES
The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, June 10, 2014, at
7:30 p.m. in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Porada
ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development
Scott Mangum, Senior Planner, Department of Community & Economic Development
Stewart Weiss, General Counsel, Holland & Knight (present for agenda item #4 only)
Karl Camillucci, General Counsel, Holland & Knight (present for agenda item #4 only)
Gale Cerabona, Recording Secretary
Chairman Seegers called the meeting to order at 7:32 p.m. Chairman Seegers read this evening's cases.
APPROVAL OF MINUTES:
A motion was made by Board Member Hofherr, seconded by Board Meinb er Saletnik, to approve the
meeting minutes of May 27, 2014.
AYES: Hofherr, Saletnik, Catalano, Szabo, Schell, Porada, Seegers
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
NEW BUSINESS
1. Address: 1306 Cora Street Case Number: 14-021-V
Petitioner is requesting a variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as
amended to authorize a second story addition to an existing single family residence with a front setback of
approximately 13'-9", where a 25minimum front setback is required in the R-1 zoning district.
PIN: 09-20-408-014-0000
Petitioner: Ron Magyar, 5036 N. Knight Avenue, Norridge, IL 60706
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 2
Owner: Americo Andreini, 1306 Cora Street, Des Plaines, IL 60016
Chairman Seegers swore in Petitioner Ron Magyar, 5036 N. Knight Avenue, Norridge, IL 60706.
Mr. Magyar discussed the second -story addition to his single-family residence.
Chairman Seegers asked:
• if the second story is an addition which is being lined up. Petitioner advised — yes
• if the material is similar to the residents'. Petitioner advised — yes
• if Petitioner is proposing to go up from the main phase of the building. Petitioner advised — yes
• if Petitioner has spoken to the neighbors. Petitioner advised — they were contacted but no response
Chairman Seegers asked the Board if there are any questions.
Board Member Porada asked:
• if Petitioner is the contractor. Petitioner advised — general contractor
• if anything is cantilevered over to the sides. Petitioner advised — no
Chairman Seegers stated/asked:
• I thought there was one portion going over in the rear. Petitioner concurred — yes
• if it meets all the setback requirements
Board Member Porada asked:
• if it is a 2 -ft. cantilever. Petitioner advised — yes
• if there is anything under it. Petitioner advised — just grass. Chairman Seegers noted the cantilever
is 1 story up
Chairman Seegers asked the Board if there are any further questions. There were none. Chairman Seegers
asked Mr. Mangum to summarize the staff report.
Issue: Petitioner is requesting a variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning
Ordinance, as amended: to authorize a second story addition to an existing single family residence with a
front setback of approximately 13'-9", where a 25' minimum front setback is required in the R-1 zoning
district.
Analysis:
Address 1306 Cora Street
Existing Zoning R-1, Single Family Residential District
Petitioner Ron Magyar, 5036 N. Knight Avenue, Norridge, IL 60706
Owner(s) Americo Andreini, 1306 Cora Street, Des Plaines, IL 60016
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 3
PIN 09-20-408-014-0000
In reviewing this variation request, staff has considered the following information:
The 70 -foot by 105 -foot (7,350 square foot) corner lot at 1306 Cora Street is conforming with regards to lot
width (65' would be required of a corner lot in a new subdivision), but is smaller than the minimum required
lot size of 8,125 square feet. A one-story frame single-family residence with detached one and a half car
garage currently exists on site. Because the property is located at the corner of Cora Street and Whitcomb
Avenue a 25 -foot setback is required on both frontages.
The applicant proposes to add a three bedroom and one bathroom second story addition that would match the
existing nonconforming front yard setback of approximately 13 -feet 9 -inches at the closest point. As the
building footprint would not expand, the existing conforming setbacks from the north and south property
lines would not be impacted. An existing five-foot deep covered front porch would remain located
approximately 8 -feet 9-inces from the front property line along Cora Street at the closest point.
Recommendation: Staff recommends approval of the above -requested front -yard setback 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. The second
story addition would not project any closer than the existing footprint of the house and there is a pattern of
encroachments into the required front yard setback in this older pre -World War II neighborhood.
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 variances for the front -
yard setback for an addition to a single-family residence in the R-1 zoning district.
Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked if
anyone in the audience is in favor of or objects. No one responded.
Board Member Saletnik commended the Petitioner for the drawings.
A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to approve as
presented.
AYES: Saletnik, Hofherr, Szabo, Catalano, Schell, Porada, Seegers
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Board Member Porada noted to Staff that the address needs to be corrected.
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 4
2. Address: 885-911 Touhy Avenue Case Number: 14 -024 -CU -V
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 construct and operate a convenience mart fueling station in the C-3
Zoning District, and major variations to Table 11.6.B to allow wall signs on non -street facing facades and
an Electronic Message Board sign (LED Pricing) within 250 -feet of residences.
PIN: 09-32-100-008-0000
Petitioner: Speedway LLC, 500 Speedway Drive, Enon, OH 45323
Owner: Speedway LLC, 500 Speedway Drive, Enon, OH 45323
Chairman Seegers swore in Petitioner Kimberly Strnad, Project Designer Corporate Design + Development
Group, LLC, 2675 Pratum Avenue, Hoffman Estates, IL 60192. Additional Petitioners are Alex Chakonas,
Speedway LLC, 8200 185t Street, Suite E, Tinley Park, IL 60487 & Javier Millan, Senior Consultant,
KLOA, 9575 W. Higgins, Suite 400, Rosemont, IL 60018
Ms. Strnad noted there is a brief presentation. This location will be 3,900 sq. ft. accommodating 8 auto pumps,
diesel pumps, & a convenience store. To the east is a vacant building, and Speedway has purchased the lot
for expansion. There are 3 existing access driveways. An aerial photo was shown.
Site & Landscaping:
• 3,900 sq. ft. space
• 8 pump dispensers; 16 fueling stations
• Separate canopy for diesel
• 15 parking stalls; 1 ADA parking stall
• Expansion will ease the traffic better with on-site circulation
• Seeking Conditional Use Permit & Variances
• Non -facing facade wall signs
o 4 wall signs
o LED message board
Hardship is:
• Want customers to utilize convenience mart
• Wish to ensure the safety of patrons/traffic
• Unsafe to change message board manually; will be changed electronically
Materials are:
• Brick masonry
• Shingles
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 5
Landscape Plan:
• 38 trees
• 186 shrubs
• 116 perennials & ornamental grasses
• 6 ft. high, board -on -board fence on east side
Chairman Seegers asked:
• what is the property to the east? Ms. Strnad advised — a racquetball court & office building; fence
will be where the office building is
• regarding electronic signs, are there two? Ms. Strnad advised — yes, on east property & other side
• what type of sign is by diesel, on west face of building? Ms. Strnad advised — illuminated manual
reader board sign
Chairman Seegers asked the Board if there are any questions.
Board Member Porada asked:
• Staff if there are two components. Mr. Mangum advised — yes, a Conditional Use Permit &
Variances
• Staff if Petitioner must apply for use. Mr. Mangum advised — yes
• Staff what the landscape variation is. Mr. Mangum advised — at this time, there is no landscaping
variation
• Staff if the City requires trees in the parkway, and is that feasible? Mr. Mangum advised — yes
parkway trees are required, however, because the parkway area is constrained a suitable location
has been found to locate the parkway trees on the property.
• how many total signs are there? Ms. Strnad advised — 2 Speedway channel letter internally -
illuminated signs on east & west elevations of the canopies (no flashing signs), 1 additional wall
sign facing diesel canopy, and 1 on diesel canopy.
• if signs are manually changed. Ms. Strnad advised — yes, signs are 40 sq. ft. There is an additional
manual reader board sign on front of building facing street (backlit fluorescent, manually changed)
Board Member Catalano referred to page 4 of the memo & stated that 2 signs face diesel but these are not
noted on elevations. Mr. Mangum advised — signs are noted on page 57 as signs C5 & Cl.
Chairman Seegers asked the Board if there are any further questions. There were none. 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 construct and operate a convenience mart fueling station in the
C-3 Zoning District, and major variations to Table 11.6.B to allow wall signs on non -street facing facades
and an Electronic Message Board sign (LED Pricing) within 250 -feet of residences.
Analysis:
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 6
Proposed Use Convenience Mart Fueling Station
Petitioner Speedway LLC, 500 Speedway Drive, Enon, OH 45323
Owner(s) Speedway LLC, 500 Speedway Drive, Enon, OH 45323
PIN 09-32-100-008-0000
Plan of Operation Convenience Mart Fueling Station would operate 7 days a week, 24 hours per
day with a total of 5 employees per shift.
Existing Use Convenience Mart Fueling Station & vacant building
Surrounding Land Use North: Single -Family Residential
East: Office
South: I-90 Tollway
West: I-90 Tollway
Existing Zoning C-3, General Commercial
Surrounding Zoning
North: R-1, Single Family Residential
East: C-2, Limited Office Commercial
South: I-90 Tollway
West: I-90 Tollway
Street Classification This portion of Touhy Avenue is identified as an arterial road according to the
City's Comprehensive Plan.
Comprehensive Plan Comprehensive Plan recommends Community Commercial use for the western
portion of the site and Office for the eastern portion.
The applicant, Speedway, has requested a Conditional Use Permit to construct a new Convenience Mart
Fueling Station at 885-911 Touhy Avenue. Speedway currently operates a Convenience Mart Fueling
Station on the western portion of the site and has plans to demolish and rebuild a new Convenience Mart
Fueling Station using the entire site. The 29,994 square -foot parcel at 911 E. Touhy Avenue was recently
reclassified from the C-2, Limited Office Commercial Zoning District to the C-3, General Commercial
District by the City Council in May. The 90,321 square -foot triangularly -shaped site currently contains a
one-story frame building, a one-story brick convenience mart building and canopy with 12 fuel pumps
(eight regular & four diesel). The site is currently accessed by three curb cuts off of Touhy Avenue.
The proposed 48 -foot by 82 -foot (approximately 3,936 square feet) convenience mart building will be
oriented toward Touhy Avenue with 16 parking spaces in front of the building. Separate fuel canopies are
proposed for the ten regular and four diesel (primarily used by trucks) fuel pumps. Truck traffic will
circulate around the site in a counterclockwise direction utilizing the westernmost curb cut (right in only) to
enter the site and the easternmost curb cut (right out only) to exit. Automobile traffic could also use the
full -access middle curb cut. The regular fuel canopy would be located in between the convenience mart
building and Touhy Avenue, while the diesel canopy would be located to the west of the building. A six-
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 7
foot high board on board fence and landscaping is proposed along the eastern edge of the site to provide
screening from the adjacent office park in addition to landscaping around the perimeter of the site.
One 22 -foot tall, 99 square -foot pole sign with electronic message board for fuel pricing is proposed in
addition to a total of five canopy and two manual reader board wall signs. Major variations are sought
because the electronic message board would be within 250 -feet of a residence (approximately 135 feet to
the nearest residential structure) and to allow three canopy signs on non -street facing facades (two on the
west facades and one on the east facade) and one manual reader board wall sign on a non -street facing
facade (west elevation).
A traffic study to evaluate the proposed Speedway reconstruction was prepared by Kenig, Lindgren,
O'Hara, and Aboona, Inc. The City's Engineering Division has reviewed the traffic study and are in
agreement with the study's conclusions that the project will not introduce any new adverse impacts upon
the surrounding transportation network, and it will improve the on-site circulation given that the project is
largely an improvement of the existing station (versus a new use or expansion) with marginal additional
traffic generated.
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 7.3-6.0 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 the western
portion of the site and Office for the eastern portion. The City Council recently reclassified the zoning of
the eastern portion of the site which allows for a Convenience Mart Fueling Station as a conditional use.
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 fronts on Touhy Avenue, an arterial road that
currently has an auto -oriented character in the area, but is located in close proximity to residences and open
space on the north side of Touhy Avenue and an Office Park to the east of the site. Extensive landscaping
has been proposed to lessen the visual impact of operations.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: Based on the plans and traffic study submitted, none of the functions of the Convenience Mart
Fueling Station are anticipated to be hazardous or disturbing to the surrounding neighborhood.
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 8
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
comm unity:
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 wellbeing 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: Based on the plans and traffic study submitted, 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 three curb cuts on Touhy Avenue for access. The Illinois
Department of Transportation has jurisdiction over this section of Touhy Avenue and will need to review
and approve the proposed curb cut locations. Based on an evaluation of the traffic study 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: A complete redevelopment of the site is proposed. However, the proposed plan would 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: Other than the major variations requested for signage, it appears that the proposed conditional
use complies with all additional regulations within the Zoning Ordinance.
Recommendation: The Community Development Department recommends approval of the Conditional
Use Permit for the establishment of a Convenience Mart Fueling Station, approval of variation requests for
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 9
an Electronic Message Board sign within 250 -feet of a residence, a wall sign on the west elevation of the
building, and a wall sign on the east elevation of the regular fuel canopy, but denial of variations for two
additional western facing canopy signs on the regular and diesel fuel canopies, 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, subject to conditions of
approval:
1. Prior to occupancy, the applicant shall complete site improvements as indicated on the Site and
Landscape Plans.
2. 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.
3. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface
requirements.
The proposed use is an expansion of the existing use of the site and an evaluation of the traffic study
indicates that it will not introduce any new adverse impacts upon the surrounding transportation network,
and it will improve the on-site circulation. The proposed Electronic Message Board portion of the sign is
only used for the static display of fuel prices and will not change more than once per day while subject to
the brightness limitations of the Zoning Ordinance. The proposed manual reader board sign on the western
elevation is internally focused for users that are already on the site and the east facing regular fuel canopy
sign would be visible to westbound drivers before the vehicular entrance to the site. However, the western
facing canopy signs are intended for on -street traffic and do not appear to be necessary given the location
of the proposed 22 -foot tall pole sign on the western portion of the property.
Zoning Board of Appeals Procedure: Under Sections 3.4-4-C (Conditional Uses) and 3.6-7 (Major
Variations) of the Zoning Ordinance the Zoning Board of Appeals has the authority to recommend that the
City Council approve, approve subject to conditions, or deny the abovementioned Conditional Use Permit
and Major Variances for the establishment of a Convenience Mart Fueling Station in the C-3 zoning
district. The City Council has the final authority on the project.
Chairman Seegers asked if the Board has any questions.
Board Member Porada asked/inquired:
• Staff, we are talking about the residences on the west side of Touhy? Mr. Mangum advised — yes
• if there are residences within 250 -feet. Mr. Mangum advised — Approximately 3 residences are
affected facing Touhy and 2-3 additional residences on other streets
• you are suggesting denial? Mr. Mangum advised — yes, for the west facing canopy signs there
doesn't seem to be a hardship
• if Conditions 1&2 have to do with landscaping, will the City walk away from the conditions? Mr.
Mangum advised — these conditions should be included in motion.
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 10
Board Member Catalano asked if there is a logo on the existing east -facing canopy sign. Ms. Strnad advised
— she believes so. Mr. Mangum verified there is.
Chairman Seegers asked if there are 2 or 3 signs on the west side. Mr. Mangum advised — they are not
recommending the 2 west canopy signs. Approval is recommended for the sign on the west elevation of the
building.
Board Member Porada asked:
• if the 2 western -facing signs are the Speedway signs? Mr. Mangum advised — yes
• Staff if he believes there is a redundancy. Mr. Mangum advised — yes
Board Member Saletnik asked Staff the reason for not recommending the sign, inquiring if it's because there
are too many signs. The highway is right there. The main signs will draw customers. Why do you need the
shorter signs? Mr. Chakonas advised — name recognition is needed from the tollway.
Board Member Hofherr asked if there is any recognition on the diesel canopy. Ms. Strnad advised — yes, on-
site signage will direct patrons to diesel.
Chairman Seegers inquired if there are no canopy signs for diesel pumps. Ms. Strnad advised — correct, only
directional signs.
Chairman Seegers asked if the audience has questions:
• Patrick J. Devereaux, Senior Vice President, O'Hare Offices, 999 E. Touhy, Suite 500, Des Plaines,
IL
o Concern is the impact on the O'Hare office property
o Concerned with landscape plan
• Would like to see landscaping moved to the west
• Would like specifics on fence
o Would like more specificity of what will take place
o Regarding signs, the impact is unknown
Mr. Mangum reminded that City Council has final approval.
Chairman Seegers inquired if these O'Hare buildings are setback from the roadway. Mr. Devereaux
advised — yes, about 50 ft.
Board Member Seegers asked if there are any other comments.
Board Member Porada asked:
• why do you need the goal post signs? Ms. Strnad advised — we are entitled to 2 signs per code
• what is the frontage of the combined site? Mr. Mangum advised — 656 ft.
• signs will be 640 ft. apart? Ms. Strnad advised — we exceed the distance per the zoning code
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 11
• if the easternmost sign is for west traffic & vice versa. Ms. Strnad advised — yes, & because the
tollway goes over the sign going east
Chairman Seegers asked Petitioner if there is any opposition for the 2 conditions recommended by Staff. Ms.
Strnad advised — they would appreciate the 2 additional signs.
A motion was made by Board Member Szabo, seconded by Board Member Hofherr, to recommend
approval of the Conditional Use Permit along with 3 conditions as noted by Staff.
AYES: Szabo, Hofherr, Catalano, Saletnik, Schell, Porada, Seegers
NAYES: None
* * *MOTION CARRIED UNANIMOUSLY* * *
A motion was made by Board Member Szabo, seconded by Board Member Catalano, to approve the
2 signs as requested by Applicant.
AYES: Szabo, Catalano, Saletnik, Seegers
NAYES: Hofherr, Schell, Porada,
* * *MOTION CARRIED 4-3 * * *
Chairman Seegers advised these motions will be recommended to City Council.
3. Address: 1530-1550 Oakton Street Case Number: 14-026-V
Petitioner is requesting a variation to Section 9.7 of the 1998 City of Des Plaines Zoning Ordinance, as
amended: to authorize the reuse of a retail building as a restaurant with 15 onsite parking spaces where a total
of 20 parking spaces would be required in the C-3 zoning district.
PIN: 09-20-418-006-0000
Petitioner: Alfredo Esparza (American Wildburger), 1550 Oakton Street, Des Plaines, IL 60018
Owners: Alfredo Esparza (American Wildburger), 1550 Oakton Street, Des Plaines, IL 60018&
Ricardo Talavera, 8601 S. Parkside, Burbank, IL
Chairman Seegers swore in Petitioner's Representative Jeremy Stanulis, Architect, J Stanulis Architects,
119 West 61St Street, Westmont, IL 60559.
Mr. Stanulis stated this business is going well, & since the adjacent building is empty, the owners wish to
offer sit-down dining & restroom facilities. A contract is being drawn for 5 employee parking stalls with the
adjacent business.
Chairman Seegers asked:
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 12
• will you change the whole building? Petitioner advised — both owned buildings will be occupied.
• this is for interior use? Petitioner advised — yes, plus seating facing sidewalk (no plans have been
submitted yet)
Board Member Porada asked:
• in the present, 1550 carry -out restaurant, are there 15 -marked parking spaces on the combined site?
Petitioner advised — yes
• how many spaces are needed for carry -out? Mr. Mangum advised — this was grandfathered in from
the previous establishment
• if the 2 uses will now require 20 spaces? Mr. Mangum advised — yes, including the future 1100
square feet of retail
• 20 spaces also include parking for employees? Mr. Stanulis advised — yes
• if the 5 spaces at Accurate Auto are for employees. Mr. Stanulis advised — yes
• how many employees have cars? Mr. Stanulis advised — 3 plus 2 additional in adjacent lot
• if customers would ever park in Accurate's lot? Mr. Stanulis advised — if need be
• regarding the 5/4/14 letter, what is Accurate's understanding? Mr. Stanulis advised — that it is for
employees
• do you have a contract? Mr. Stanulis advised — we are working on it
• if the City is requiring the additional 5 spaces. Mr. Mangum advised — it is not part of the variance.
Chairman Seegers shared it could be a condition.
Board Member Szabo asked:
• if the food would be prepared in the smaller building & brought to the larger building. Mr. Stanulis
advised — yes
• in the long-term, would you potentially tear the small building down & add to the larger building?
Mr. Stanulis advised — perhaps, based on business
• you don't have a concern with winter? Mr. Stanulis advised — no
Board Member Saletnik asked:
• what percentage of carry -out customers use street parking? Mr. Stanulis advised — less than 5 people
only on Fridays & Saturdays from 12:30pm-2pm
Chairman Seegers asked the Board if there are any further questions. There were none. Chairman Seegers
asked Mr. Mangum to summarize the staff report.
Issue: Petitioner is requesting a variation to Section 9.7 of the 1998 City of Des Plaines Zoning Ordinance,
as amended: to authorize the reuse of a retail building as a restaurant with 15 onsite parking spaces where a
total of 20 parking spaces would be required in the C-3 zoning district.
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 13
Analysis:
Address 1530-1550 Oakton Street
Existing Zoning R-1, Single Family Residential District
Petitioner Alfredo Esparza (American Wildburger), 1550 Oakton Street, Des Plaines, IL
60018
Owner(s) Alfredo Esparza (American Wildburger), 1550 Oakton Street, Des Plaines, IL 60018&
Ricardo Talavera, 8601 S. Parkside, Burbank, IL
PIN 09-20-418-006-0000
In reviewing this variation request, staff has considered the following information:
Two one-story brick buildings are located on the approximately 73 -foot by 180 -foot lot (approximately
13,160 square feet) at 1530-1550 Oakton Street. The smaller, approximately 680 square -foot, eastemmost
building was used as a beauty salon from 1978 to 2012. The approximately 3,200 square foot western building
(1530-1534 Oakton) was occupied by a flooring installation and sales business from 1997 to 2011 and a
martial arts studio from 2012 to 2013, but is currently vacant.
In 2012, the applicant remodeled and opened a predominately carry -out restaurant, American Wildburger,
within the 1550 Oakton building. The applicant has subsequently purchased the property and is requesting to
remodel and use the eastern portion of the now vacant 1530-34 Oakton building for a sit down restaurant.
The applicant has indicated that the restaurant would operate as a Class A Restaurant, predominately dine -in
with table service at 1534 Oakton, with the kitchen and take-out counter remaining in the 1550 Oakton
Building. The net floor area of the restaurant would be 1,300 square feet, leaving a net floor area of 1,100
square feet for a future retail use in the other tenant space.
A total of 15 parking spaces are located on site, where the Zoning Ordinance would require a total of 20
parking spaces for the 1,100 square feet of retail (1 parking space per 250 square feet) and Class A Restaurant
(the greater of 1 parking space per four seats or 1 parking space per 100 square feet of floor area, plus 1
parking space per 3 employees). Although on -street parking does not count toward required parking, the
applicant has submitted an exhibit showing approximately 30 spaces within a block of the restaurant.
Additionally, the applicant has provided an agreement to secure five off-site parking spaces for restaurant
employees to use at the adjacent business to the east, Accurate Auto, during peak periods.
The 2007 Comprehensive Plan recommends low-density mixed use in this section of Oakton Street from Des
Plaines River Road to the Canadian National Railroad Tracks. Additionally, the Oakton-Elmhurst Subarea
Plan envisions a strong pedestrian environment with new activities and destinations within the Oakton
Mixed -Use District. Applicable recommended actions of the Subarea Plan include encouraging local retail
and restaurant tenants and considering the reduction of parking ratios, shared parking, and better utilization
of on -street parking.
Per Section 3.6-6 of the Zoning Ordinance, A parking variation of up to 30 percent may be approved by the
Zoning Board of Appeals as a standard variation.
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 14
Recommendation: Staff recommends approval of the above -requested parking 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, subject to a
condition of approval. The commercial parcel is unusually shallow compared to most parcels along Oakton
Street. Additionally, both the Comprehensive Plan and the Oakton-Elmhurst Subarea Plan encourage this
type of use along this section of Oakton Street to create a more vibrant pedestrian oriented district.
1. Indoor seating for the Class A restaurant shall be limited to not more than 54 seats.
Zoning Board of Appeals Procedure
Under Section 3.6-6 of the Zoning Ordinance (Variations) the Zoning Board of Appeals has the authority to
approve, approve subject to conditions, or deny the above-mentioned variance for a reduction in parking in
the C-3 zoning district.
Chairman Seegers asked the Board if there are any further questions.
Board Member Catalano asked Petitioner if he is aware of the condition. Mr. Stanulis advised — yes.
Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to approve
with the Condition that seating is limited to 54 in the restaurant.
AYES: Catalano, Hofherr, Szabo, Saletnik, Schell, Seegers
NAYES: Porada
***MOTION CARRIED 6-1***
Chairman Seegers noted a 5-10 minute break would occur at 8:48 p.m. The meeting resumed at 9:01 p.m.
4. Address: 1414 Oakton Street Case Number: 14 -029 -APL
Petitioner is appealing, pursuant to Section 3.9 of the 1998 City of Des Plaines Zoning Ordinance, as
amended, a decision of the Zoning Administrator to deny a building permit application for an outdoor patio
that would violate Section 12.8 (Noise) of the Zoning Ordinance.
PIN: 09-20-417-039-0000
Petitioner: Georgi Urdov (Black Ram), 1028 Jeanette Street, Des Plaines, IL 60016
Owner: Georgi Urdov (Black Ram), 1028 Jeanette Street, Des Plaines, IL 60016
Chairman Seegers swore in Petitioner's attorney, Elliott Wiczer, Partner, Foreman Friedman, 500 Skokie
Boulevard, Suite 325, Northbrook, IL 60062
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 15
Mr. Wiczer stated the property has been the Black Ram since 1975. To the east is a parking lot. The request
is for an outdoor patio on the east side — far from most neighbors. There are residents for & against. Seating
would be for 76 people with no entertainment. The current owner purchased the restaurant in 2013. The patio
is 350 ft. from the opposing neighbors. Restaurant hours meet City Code.
Adjacent to residents, there is a restaurant, Bacon Tap, currently accommodating outdoor seating. Restaurant
Mehanata on Lee Street also has outdoor seating. Outdoor seating is necessary in the limited summertime.
We would be willing to have limits on patio hours.
This was a minor variation which was not approved by the Zoning Administrator. The original proposal
didn't indicate a 14 ft brick wall bordering the neighbors.
Mr. Weiss, General Counsel for the City of Des Plaines, asked:
• if the original proposal included the wall. Mr. Wiczer advised — no, this new packet does
• are you asking to amend the site plan application? Mr. Wiczer advised — yes, the Petitioner didn't
realize noise would be the issue. Mr. Wiczer proceeded to read the City Code noting a potential
error eliminating the word "not" regarding verbal, vehicular noise.
Mr. Wiczer further commented that there are other issues with noise & sound being dealt with
(stereo, bands) which is not being presented tonight. There will be no outdoor entertainment.
Chairman Seegers asked:
• are you amending original proposal? Mr. Wiczer advised — yes, adding the wall structure, fence.
Mr. Wiczer presented positive letters of support from those residents closest to the patio to Chairman Seegers.
General Counsel Weiss noted the following exhibits:
• Proposal Amendment Appellate Exhibit A.
• 6 Resident Letters Appellate Exhibit B
Mr. Weiss distributed the revised proposal, Appellate Exhibit A, to Board Members. Chairman Seegers
confirmed the distribution.
Chairman Seegers swore in George Sakas, AICP, Director/Community & Economic Development.
Mr. Sakas stated the City Code does have a scrivener's error regarding the word "not" in emitting noise. The
application packet was based on A002 dated 4/29114 & was preceded by A002 dated 4/14/14. I was advised
of the sound wall this evening. The letter affecting A002 & sound wall was never seen. The limitation on a
wall is 8 ft. at that location.
General principles via City Council in Des Plaines are:
• Wish to bring restaurants & outdoor dining to Des Plaines
• City Staff has done everything to accommodate outdoor dining
• Business Friendly
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 16
• Oakton is our second downtown; entertainment district
• Zoning regulations are to abate nuisances & protect residences from commercial uses
Mr. Sakas noted that Black Ram has a history of noise disturbances. This went through a full building permit
review & passed. Dining & parking requirements could be met; would this meet the Code regarding nuisance
noise? Regarding 18 tables/78 seats, that is a lot of people. Regarding straight-line distances, it is 150-250
ft. away from property lines. It would appear noise would be a nuisance to neighbors. I was unaware that a
sound wall was presented. An appeal process was offered to Petitioner with a final decision by this Board.
Board Member Porada asked:
• Mr. Sakas if he knew there was a sound wall. Mr. Sakas stated — no, I saw Page 10 of 47 for the
first time tonight.
• Mr. Wiczer if Petitioner is adding a sound wall. Mr. Wiczer advised — yes
• if the Zoning Administrator made a decision on a proposal that no longer exists. Mr. Wiczer
concurred — yes, the plans were drawn up before the current plan. There is a revision date on the
new plans. Legally, the Board has every right to vote.
• Under the 3.9 standard, there is no new evidence on appeal. Mr. Wiczer advised the Board is not
precluded by the rules of the Illinois standard. Minor variations typically are provided to the
Zoning Administrator. It appears this would be changed.
General Counsel Weiss asked/suggests:
• if the original site plan approval was triggered by a building permit. Mr. Sakas concurred.
• the revised proposal be presented to the Zoning Administrator rather than potentially be denied this
evening. Mr. Wiczer stated as the plan is amended before the Board, the Petitioner would like it to
be considered. But, if the ruling is to go back to the Zoning Administrator, we are amenable.
Board Member Porada stated the Petitioner has the right to withdraw. Mr. Wiczer reminded that with or
without the sound wall, there are supportive letters from neighbors within 100 ft.
Board Member Szabo stated he doesn't believe the Board should even hear the case tonight because the plans
are so radically different.
Chairman Seegers stated we are here for the appeal on the decision.
Board Member Schell stated we need to start over.
Chairman Seegers advised we should at least hear the public's opinions.
Mr. Wiczer reminded that other sound issues are being dealt with separately.
Board Member Saletnik stated we have an opportunity to hear the key issues. If sound is strictly conversation
that is vastly different than music, etc. Mr. Wiczer replied — this is only for food, service, & dining.
General Counsel Weiss asked if Petitioner wishes to proceed with the appeal. Mr. Wiczer stated he would
like to hear from the neighbors to potentially include information to the Zoning Administrator if that route is
taken.
Board Member Porada asked if the Petitioner can withdraw the appeal. Mr. Sakas replied — yes. This is a
building permit with no prejudice between a former & future plan.
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 17
Mr. Wiczer asked for a 2 -week continuance to either withdraw the appeal or submit new plans.
Chairman Seegers stated we still need to hear from the audience then decide whether to continue or not.
Board Member Porada asked if an appeal was filed within 30 days. Mr. Sakas confirmed — yes. General
Counsel Weiss clarified that a decision is required within 30 days from the close of the public hearing.
At 9:58 p.m., Board Member Schell departed the meeting.
Chairman Seegers asked for audience comments and swore in the following:
• Robert Nicioli, 1557 Center Street, Des Plaines
Mr. Nicioli presented Chairman Seegers with a packet that included neighbor comments named
Public Exhibit A. Mr. Nicioli read the letter & noted aerial, ground -level photos, noise disturbance
issues (including police reports). He stated that this group of neighbors asks that the outdoor use not
be granted.
• Dr. Diane Workman, 1425 E. Lincoln, Des Plaines
Dr. Workman distributed a letter named Public Exhibit B also including neighbors' sentiments. Dr.
Workman asked those in the audience who are in agreement to stand. Dr. Workman read the letter
which noted that the previous owners worked tirelessly to be conscientious of their neighbors. This
current owner does not afford those same courtesies.
These owners have a nightclub, not a restaurant. The music starts at 11 p.m. Dr. Workman invited
the Board to join neighbors & listen to the noise.
A sound wall may accentuate the noise. If the noise is not kept within the establishment or within
the sound wall, the support will not be provided by neighbors.
Dr. Workman requests the Board to carefully consider this issue.
• Kenneth W. Freer, 1419 E. Lincoln Avenue, Des Plaines
Mr. Freer stated he is living in Des Plaines for its values. The Black Ram turns into a nightclub at
night. My proper rest is affected by the sound (a base beat sound system). I wish to be treated as any
other citizen. I do not have peace in my own home or outside.
If this is the City of Destiny, I don't think this is what we're proposing.
• William Spencer, 1425 E. Lincoln, Des Plaines
Mr. Spencer asked the Board to look diligently upon these important issues:
o Frustration
o Non-compliance
o Police can only give tickets & monitor
o Look at police reports
o View if there is reasonable conversation
Case #14-021-V 1306 Cora Street
Case #14 -024 -CU -V 885-911 Touhy Avenue
Case #14-026-V 1530-1550 Oakton Street
Case #14 -029 -APL 1414 Oakton Street
June 10, 2014
Page 18
• Anna Maday, 1545 Center Street, Des Plaines
Ms. Maday stated she has been woken up many times during the night. This is not a restaurant, it's
a nightclub.
Chairman Seegers asked if anyone in the audience is in favor of this proposal. No one responded.
Chairman Seegers asked if Petitioner would like to make a comment. Mr. Wiczer stated the Petitioner wishes
a continuance. Mr. Mangum advised the next meeting date is June 24, 2014. Mr. Wiczer asked to present at
the following meeting on July 8, 2014.
Board Member Saletnik stated there is already a problem of noise without a patio present. Should the noise
issue be resolved before this proposal is considered? Does Petitioner have a license to run a restaurant or a
nightclub? Mr. Sakas replied — these concerns will be dealt with externally.
Chairman Seegers asked that the Board consider this matter on July 8, 2014.
Board Member Catalano suggested a noise study be conducted. Petitioner is amenable.
A motion was made by Board Member Porada, seconded by Board Member Hotherr, to continue Case
Number 14 -029 -APL presented on June 10, 2014, to July 8, 2014.
AYES: Porada, Hofherr, Catalano, Szabo, Saletnik, Seegers
NAYES: None
* * *MOTION CARRIED UNANIMOUSLY* * *
ADJOURNMENT
Chairman Seegers adjourned the meeting at 10:30 p.m.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners