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06/24/2014Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 1 DES PLAINES ZONING BOARD HEFTING JUNE 24, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, June 24, 2014, at 7:30 p.m. in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Szabo, Catalano, Saletnik, Hofherr, Schell, Porada ABSENT. Seegers ALSO PRESENT`. George Sakas, AICP, Director/Community & Economic Development Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Acting Chair Szabo called the meeting to order at 7:33 p.m. Acting Chair Szabo read this evening's cases. APPROVAL OF MINUTES: A motion was made by Board Member Catalano, seconded & amended by Board Member Hofherr that a correction be made on Page 9 where Board Member Porada noted the text should read the "north" side of Touhy, to approve the meeting minutes of June 10, 2014. Board Member Catalano accepted the amendment. AYES: Catalano, Hofherr, Saletnik, Schell, Porada, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 850 E. Oakton Street Case Number: 14-030-V Petitioner is requesting a major variation to Section 11.6.E to allow an Electronic Message Board sign (LED Pricing) within 250 -feet of residences in the C-3 Zoning District. PIN: 09-20-320-048-0000 Petitioner: Daniel Olson, Grate Signs, 4044 W. McDonough Street, Joliet, IL 60431 Owner: Courtney Anderson, 850 Oakton Street, Des Plaines, IL 60018 Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 2 Acting Chair Szabo swore in Petitioner Daniel Olson, Grate Signs, 4044 W. McDonough Street, Joliet, IL 60431. Mr. Olson stated the owner is looking to replace the current manual reader sign to an electronic LED sign which would not be in compliance with the minimum setback requirements. Acting Chair Szabo asked Petitioner if the neighbors are aware. Petitioner advised — 300 letters were sent out, and there were no responses. Acting Chair Szabo asked the Board if there are any questions. There were none. Acting Chair Szabo asked Mr. Mangum to summarize the staff report. Issue: Petitioner is requesting a major variation to Section 11.6.B to allow an Electronic Message Board sign (LED Pricing) within 250 -feet of residences in the C-3 Zoning District. Analysis: Address 850 E. Oakton Street Existing Zoning C-3, General Commercial Zoning District Petitioner Daniel Olson, Grate Signs, 4044 W. McDonough Street, Joliet, IL 60431 Owner(s) Courtney Anderson, 850 Oakton Street, Des Plaines, IL 60018 PIN 09-20-320-048-0000 In reviewing this variation request, staff has considered the following information: The approximately 2.3 -acre lot has 379 -feet of frontage on the north side of Oakton Street. One existing pole sign is located toward the center of the site, approximately 5 -feet from the south property line along Oakton Street. The applicant, Anderson Lock, proposes to reuse the existing pole from the sign to replace the 14 -foot tall, 84 square -foot sign with a new 15 -foot tall, 89.2 square foot sign composed of 24 square feet of viewable Electronic Message Board (EMB) and 65.2 square feet of static sign area. Based on the maximum EMB percentage allowed (30%), an 89.2 square foot pole sign is allowed up to a 26.8 square foot EMB component. Therefore, the proposed 24 square foot EMB component (27%) would be in compliance with this provision of the Zoning Ordinance. The major variation requested is to allow the EMB sign approximately 210 -feet from the nearest residence, a two-story multi -family townhouse building at 841 Fairmont Court, where a minimum distance of 250 -feet is required from a residence in the R-1, R-2, and R-3 zoning districts. The EMB sign would also be located approximately 230 -feet from the nearest single family residence at 1580 Webster Lane. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Recommendation: Staff recommends approval of the requested sign variation for proximity of an EMB to the nearest residence 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 the following conditions of approval: Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 3 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. 5. The Electronic Message Board sign shall only be in operation between the hours of 7:00 a.m. and 10:00 p.m. Conditions of approval, including hours of operation are intended to limit the impact on surrounding properties. 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 an EMB sign within 250 -feet of a residence. The City Council has the final authority on the project. Mr. Mangum advised the neighbor to the north responded, and they are not concerned with this petition. Board Member Catalano asked if Petitioner is aware of the five conditions. Petitioner advised — yes. Acting Chair Szabo asked if the Board has any questions. There were none. Acting Chair Szabo asked if anyone in the audience is in favor of or objects. No one responded. A motion was made by Board Member Catalano, seconded by Board Member Saletnik, to recommend approval of the major variation as presented with the five conditions as stated. AYES: Catalano, Saletnik, Hofherr, Schell, Szabo NAYES: Porada ***MOTION CARRIED 5-1*** Acting Chair Szabo stated a recommendation will be written to City Council. 2. Address: 680 N. Wolf Road Case Number: 14-031- V Petitioner is requesting major variations to Section 11.6.B to allow an Electronic Message Board sign (LED Pricing) within 250 -feet of residences and a 108 square foot pole sign where a maximum of 90 square feet is allowed in the C-3 Zoning District. Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 4 PIN: 09-07-210-014-0000 Petitioner: Brian Newton (on behalf of Mary Clauss), Parvin-Clauss Sign Co., 165 Tubeway Drive, Carol Stream, IL 60188 Owner: Girish Gheewala, 7408 N. Kedvale Avenue, Skokie, IL 60073 Acting Chair Szabo swore in Petitioner Brian Newton, Parvin-Clauss Sign Co., 165 Tubeway Drive, Carol Stream, IL 60188, Owner Girish Gheewala, 7408 N. Kedvale Avenue, Skokie, IL 60073, & Jeff Smith, General Manager Wholesale & Commercial Fuels, Graham Enterprise, Inc., 446 Morris Avenue, P.O. Box 777, Mundelein, IL 60060-0777. Mr. Newton advised that the Owners wish to reface the existing 18 -ft. sign inside the 250 -ft. setback. Acting Chair Szabo asked Staff if the Board heard this when it was a Phillips 66 sign. Mr. Mangum advised — no because that sign did not contain an Electronic Message Board. Acting Chair Szabo asked the Board if there are any questions. Board Member Hofherr asked if the only two prices that will be shown are the ones stating with & without a wash. Petitioner advised — yes. Board Member Porada clarified if staff is recommending denial due to the closeness of the homes. Mr. Mangum advised — the electronic sign is acceptable to staff, where the recommendation is for denial of the second sign variation — 108 total sq. ft. where 90 sq. ft. is per code. Mr. Smith advised that the Owner has put a great deal of money into the property — along with landscaping. The Owner wishes to keep both signs. Acting Chair Szabo asked the Board if there are any further questions. There were none. Acting Chair Szabo 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: Address 680 N. Wolf Road Existing Zoning C-3, General Commercial Zoning District Petitioner Brian Newton, Parvin-Clauss Sign Co., 165 Tubeway Drive, Carol Stream, IL 60188 Owner(s) Girish Gheewala, 7408 N. Kedvale Avenue, Skokie, IL 60073 PIN 09-07-210-014-0000 Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 5 In reviewing this variation request, staff has considered the following information: 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. In 2005 a permit was issued for the existing approximately 18 -foot tall, approximately 98 square -foot pole sign at 680 N. Wolf Road in the C-3 General Commercial Zoning District. Lots with more than 120 -feet of frontage on a single street are allowed a maximum pole sign area of 90 square feet. The proposed 18 -foot tall, 108 square foot pole sign would use the same structure of the existing sign, while incorporating an Electronic Message Board (EMB) pricing component and advertising additional services at the location. The pricing component meets the size limitation of the Zoning Ordinance, but is located closer than 250 -feet to the nearest residence in an R-1, R-2, or R-3 Zoning District. The sign location is approximately 235 -feet from the nearest residence at 591 Nelson Lane in the R-3 Zoning District. The applicant lists competition from other businesses and need for visibility of pricing as reasons for the variation requests. Recommendation: Staff recommends denial of the requested sign variation for the overall size of the pole signs and approval of the requested sign variation for the proximity to the nearest residence 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 the following conditions of approval: 1. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 2. The changeable copy shall be specific to the business in which the sign is intended. 3. No sounds from the sign will be permitted. 4. Automatic Dimming. Electronic Message Board Signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the Sign during ambient low -light and nighttime (dusk to dawn) conditions. The Signs shall not exceed five hundred (500) nits of intensity as measured at the Sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. The replacement EMB sign would be screened from the residences on Nelson Lane by the two-story building to the west. Additionally, LED gas pricing signs are static with the exception of occasional price changes. However, there does not appear to be a hardship that warrants the increased overall size of the pole sign above the 90 square feet allowed by code. Wall and canopy signs have been permitted that provide branding for the gas station and advertise the presence of the onsite car wash. 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 variances for an oversized pole sign with an EMB component that is located within 250 -feet of a residence. The City Council has the final authority on the project. Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 6 Board Member Saletnik asked/stated: • Petitioner if the V -Power rectangle can be utilized & use the other two rectangles with a sign. Petitioner advised — they do not wish to use the current sign boxes. The V -Power is a branding guideline with Shell. • the Shell logo tells the customer it's a Shell; V -Power isn't relevant. Mr. Smith stated the pole is all one piece. Board Member Saletnik asked if the one piece can be welded. Mr. Newton advised — the cabinet can be removed with the pole being left behind. The extruded aluminum portion would have to be removed. Board Member Hofherr asked Petitioner if, on the existing picture, they are proposing to add a third line for pricing. Mr. Smith advised — as a compromise, the last line could be removed. Board Member Saletnik referred to Page 7 of 17 and asked Petitioner if the bottom to the top of the sign is 15.6 inches. Mr. Newton advised — yes. Board Member Catalano asked & Mr. Mangum clarified the sign company stated that the existing sign is 98 square feet, and 10 extra ft. is now being requested. Mr. Mangum reminded — the request is for 108 sq. ft. Board Member Saletnik stated: • it looks like "food mart" is an extra line. The graphics reflect another panel has been added. Petitioner advised — the same cabinet is being used. The drawing is misrepresenting what's taking place. Shell's representative designed the sign & submitted it to Parvin-Clauss Sign Co. • the Shell logo portion seems taller than Exhibit B Acting Chair Szabo asked if the Board has any questions. There were none. Acting Chair Szabo asked if anyone in the audience is in favor of or objects. No one responded. A motion was made by Board Member Catalano, seconded by Board Member Saletnik, to recommend approval for the variation request of the electronic LED sign within 250 ft. of residences with conditions as noted by Staff. AYES: Catalano, Saletnik, Hofherr, Schell, Porada, Szabo NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * A motion was made by Board Member Catalano, seconded by Board Member Saletnik, to recommend approval as requested with the condition that the existing square footage of the sign is not increased. AYES: Catalano, Saletnik, Hofherr, Schell, Szabo NAYES: Porada Case #14-030-V 850 E. Oakton Street Case #14-031-V 680N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 7 * * *MOTION CARRIED 5-1 Acting Chair Szabo advised both motions will be recommended to City Council. 3. Address: 1382 Prairie Avenue Case Number: 14-034-V Petitioner is requesting a major variation to Section 11.6.B to allow two wall signs on non -street facing facades in the C-5 Zoning District. PINs: 09-17-418-030-0000, 09-17-418-023-0000, 09-17-418-042-0000, 09-17-418-013-0000 Petitioner: Ernie DiFiore, Modern Signs, 1727 Armitage Court, Addison, IL 60101 Owners: Rose Noetzel, US Bank, 4480 Emerald Avenue, Cincinnati, OH 45242 Mr. DiFiore stated US Bank staff wishes to place two wall signs. Code states signs must face street frontage. That is not possible in this case as there is no street. Mr. DiFiore distributed updated photos of the site to Acting Chair Szabo, Mr. Mangum, and Board members. Acting Chair Szabo asked: • if any neighbors are aware. Petitioner advised — letters were sent out with no responses • Petitioner to describe where the signs are located. Mr. Mangum noted Exhibit B, Page 10; Petitioner referenced Page 11 & illustrated same. Acting Chair Szabo asked if the Board has any questions. Board member Hofherr asked: • if the sign will face the parking lot in the rear and another sign in front. Petitioner advised — yes, these are in the back of the building between the drive-thrus. D4 is a directional sign. Two E2 signs are the branding. • why two signs? Petitioner advised — one points East & one points North • on Page 12, is this the sign facing the municipal parking lot? Mr. Mangum concurred — it is the sign on the north facade. The east facade sign is shown on Page 13. Board Member Saletnik stated, on Page 10, E2 is only on the canopy of the drive-thru. Board Member Hoffher stated E2 below the ATM machine is facing the parking lot. Then those on the East & West canopy, who are they facing? Petitioner illustrated there are only two signs. Acting Chair Szabo stated he believes the signage is needed. Acting Chair Szabo asked if the Board has any further questions. Board Member Porada referenced: Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 8 • Page 1 of 13 and asked if the Owner is US Bank. Mr. Mangum concurred. Acting Chair Szabo asked the Board if there are any further questions. There were none. Acting Chair Szabo asked Mr. Mangum to summarize the staff report. Issue: Petitioner is requesting a major variation to Section 11.6.B to allow two wall signs on non -street facing facades in the C-5 Zoning District. Analysis: Address 1382 Prairie Avenue Existing Zoning C-3, General Commercial Petitioner Ernie DiFiore, Modern Signs, 1727 Armitage Court, Addison, IL 60101 Owner(s) Rose Noetzel, US Bank, 4480 Emerald Avenue, Cincinnati, OH 45242 PINs 09-17-418-030-0000, 9-17-418-023-0000, 09-17-418-042-0000, 09-17-418-013- 0000 In reviewing the variation requests, staff has considered the following information: US Bank is constructing a new facility at 1382 Prairie Avenue. The approximately 27,828 square foot (0.64 acre) property is located on the north side of Prairie Avenue consists of four lots. A 3,897 square -foot US Bank building is under construction with a 5 -foot setback from the south property line. The subject site has approximately 200 -feet of frontage on Prairie Avenue. The bank building will occupy 74 -feet of the width of the property with the majority of the remaining frontage devoted to parking and driveways, including 23 parking spaces. A three -lane drive-through facility will be attached to the rear of the bank and thereby mostly screened from the public right of way by the bank building. Full ingress and egress is proposed from two 24 - foot wide driveways located both east and west of the building. A total of 100 square feet of wall signage is allowed for the building and wall signs are limited to street facing frontages per the Zoning Ordinance. A permit has been approved for a 43.6 square -foot illuminated channel letter wall sign on the south (Prairie Avenue) elevation in addition to a 37 square foot monument sign along the Prairie Avenue frontage. Variations are requested for two additional 27.9 (2'-8" by 10'-5-518") square foot illuminated channel letter wall signs on the east and north elevations of the drive-through canopy. As proposed the three wall signs would total 99.4 square feet. The sign on the south elevation would be visible from westbound traffic on Prairie Avenue and the adjacent Paroubeck Park to the east. The sign on the north elevation would be visible from the municipal parking lot. Recommendation: Staff recommends denial of the variation requests for signage on non -street facing facades (east and north) 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. There does not appear to be a hardship that would warrant additional wall signs on the non -street facing elevations. The site is located within the Downtown where more discrete pedestrian orientated signage is encouraged. Additionally, sensitive land uses such as the park and upper floor residences are located immediately adjacent to the site. Case #14-030-V 850 E. Oakton Street Case #14-031-V 680 N. Wolf Road Case #14-034-V 1382 Prairie Avenue June 24, 2014 Page 9 Alternately, the Zoning Board of Appeals could recommend approval with conditions that would limit the impact of the additional signage, such as only allowing non -illuminated wall signs on non -street facing facades. 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 above- mentioned sign variances in the C-5, Central Business Commercial District. The City Council has the final authority on the project. A motion was made by Board Member Catalano to approve as requested with the condition that illumination of wall signs be from 7 a.m.-10 p.m. Board Member Hoffer would like to eliminate the second sign — with the same illumination conditions. The motion was withdrawn. Acting Chair Szabo stated he doesn't see the objection of the signs facing the parking lot. Board Member Hofherr concurred that the sign facing the parking lot is no problem. A motion was made by Board Member Hofherr, seconded by Board Member Schell, to recommend approval of a major variation for the one E2 sign that faces the municipal parking lot (north elevation) with illumination during business hours only. AYES: Hofherr, Schell, Saletnik, Szabo NAYES: Catalano, Porada ***MOTION CARRIED 4-2*** Acting Chair Szabo advised the above motion will be recommended to City Council. ADJOURNMENT Acting Chair Szabo adjourned the meeting at 8:24 p.m. Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners