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09/30/2014Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case 4114 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 1 DES PLAINES ZONING BOARD NUTTING SEPTEMBER 30, 2014 NIINU 1'ES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, September 30, 2014, at 7:30 p.m. in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Catalano, Hofherr, Schell, Porada — Saletnik arrived shortly after ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Scott Mangum, Senior Planner, Department of Community & Economic Devel opment Chan Yu, Associate Planner, Department of Community & Economic Development Chairman Seegers called the meeting to order at 7:33 p.m. & read this evening's case. APPROVAL OF MINUTES: A motion was made by Board Member Hoftierr, seconded by Board Member Szabo, to approve the meeting minutes of September 9, 2014, as presented. AYES: Hofherr, Szabo, Catalano, Schell, Porada, Seegers NAYES: None ABSTAIN: None ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 1425 Forest Avenue Case Number: 14-057-V The petitioner is requesting a Major Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended to allow an additi on to create an approximately 748 square foot accessory structure (garage) where a maximum of 720 square feet is allowed for a detached accessory structure in the R-1 Zoning District. PIN: 09-20-411-003-0000 Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 2 Petitioner: Nancy and Manfred Booge, 1425 Forest Avenue, Des Plaines, IL 60018 Owner: Nancy and Manfred Booge, 1425 Forest Avenue, Des Plaines, IL 60018 Chairman Seegers swore in Petitioner's Manfred and Nancy Booge, 1425 Forest Avenue, Des Plaines, IL 60018. Mr. Manfred Booge explained the request is because his father passed away and left him a car. He would like to add a section to his existing garage to store it. However, the garage exceeds the code byl 6 square feet. The only accessory structure on the property is a small 10x10 shed. Chairman Seegers questioned if the addition would be the same material as the present garage? Mr. Booge explained, yes, it will be the same material. Board Member Porada questioned if it is a two car garage, how many current vehicles does he own and what type of car is it? Mr. Booge stated it is a two car garage, currently owns five vehicles, and it is a 1991 Chevy Corvette, a rare color. Two cars are parked in the garage, one car parked next to the deck and one in the street. Board Member Porada asked if the rear elevation is sided and if there is a rear garage door? Mr. Booge stated, yes, the rear elevation is sided and there will be a utility door, not an additional garage door. Senior Planner Mangum summarized the Staff Report. Issue: The petitioner is requesting a Major Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow an addition to create an approximately 748 square foot accessory structure (garage) where a maximum of 720 square feet is allowed for a detached accessory structure in the R-1 Zoning District. Analysis: Address: 1425 Forest Avenue Existing Zoning: R-1, Single Family Residential District PIN: 09-20-411-003-0000 Petitioner: Nancy and Manfred Booge, 1425 Forest Avenue, Des Plaines, IL 60018 Owner(s): Nancy and Manfred Booge, 1425 Forest Avenue, Des Plaines, IL 60018 In reviewing this variation request, staff has considered the following information: The approximately 11,460 square -foot property has 60 feet of frontage on Forest Avenue. The lot is conforming and exceeds both the minimum lot width (55' would be required of a new subdivision), and lot size (6,875 square feet would be required of a new subdivision). The property is improved with a two-story Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 3 brick and frame single-family residence with a side driveway and approximately 588 square -foot (24'-3- 5/8" by 24-2-3/8") rear detached two -car garage. The variation requested is to authorize a 160 square foot addition to the rear of the accessory structure that would increase the overall size to larger than the maximum 720 square feet allowed. The proposed structure would be a total of 748 square -feet. The applicant states the need for additional storage space for vehicles as the reason for the request. Recommendation: Staff recommends approval of the above -requested variation for the accessory structure size 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 proposed size of the accessory structure is not significantly larger than the typical residential accessory structure. Additionally, because of the large lot size the proposed building coverage of approximately 17% would be considerable less that the maximum permitted building coverage of 30%. 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 disapprove the above-mentioned variance for size of an accessory structure in the R-1 zoning district. The City Council has the final authority on the major variation requests. Board Member Szabo asked how do you plan to park the corvette into the addition? Mr. Booge stated the current garage 24x24, the SUV is 16.5, that leaves enough room for the corvette which is 15 feet. That leaves a foot buffer between the 3 cars. Board Member Hofherr asked if there were any work vehicles. Mr. Booge stated, no. Chairman Seegers asked if anyone from audience in favor or object. There was none. Motion to recommend approval by Board Member Catalano as requested and Seconded by Board Member Szabo. Motion carries. AYES: Szabo, Catalano, Seegers, Saletnik NAYES: Hofherr, Schell, Porada 2. Address: 1345 Golf Road/16 Mary Street Case # 14 -060 -CU Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. Analysis: Proposed Use Child Care Center Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 4 Petitioner Amy Fehrmann (See Me Grow and Learn Infant Child Development Center), 8401 Johanna Drive, Niles, IL 60714 Owner Michael VanSlambrouck, 286 Stratford Road, Des Plaines, IL 60016 Chairman Seegers swore in Amy Fehrmann. Ms. Fehrmann explained she is looking to open day care center. We are required by zoning to seek a Conditional Use approval. We are already approved with DCFS, and hoping to get support and seeking approval by the Zoning Board of Appeals. Ms. Fehrmann stated they would occupy the front 4,000 square feet of the building, serving forty-eight children. In three separate classrooms, at capacity would have twelve infants, fifteen toddlers and twenty preschoolers. Board Member Hofherr questioned the location of the outdoor play area, west of building, if that was currently for sale? Ms. Fehrmann stated she was unaware of any sale of the property. Board Member Hofherr questioned if they will be putting an additional door? Ms. Fehrmann responded, yes, there would be an additional exit going out to the playground. Chairman Seegers spoke to the hours of operation. Ms. Fehrmann stated they would be adjusted to meet community needs, but would most likely be 6:30 am — 6 pm Monday through Friday. We are licensed for six weeks through six years of age. Senior Planner Mangum summarized the staff report. Issue: Analysis: Proposed Use The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. Child Care Center Petitioner Amy Fehrmann (See Me Grow and Learn Infant Child Development Center), 8401 Johanna Drive, Niles, IL 60714 Owner Michael VanSlambrouck, 286 Stratford Road, Des Plaines, IL 60016 PINs 09-17-200-126-0000,09-17-200-039-0000 Plan of Operation See Me Grow and Learn Infant Child Development Center will offer day care services for infants through preschool in an approximately 4,000 square foot facility with a capacity for 48 children. Share Care Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 5 will employ a maximum of eight staff members and will be open from 6:30 A.M. to 6:00 P.M Monday through Friday. Existing Use Vacant portion of multi -tenant Industrial/Office building Surrounding Land Use North: Medical Office Center East: Commercial/Industrial South: Industrial West: Vacant Existing Zoning C-3, General Commercial Surrounding Zoning North: I-1, Institutional East: C-2, Limited Office Commercial South: M-1, Limited Manufacturing West: C-2, Limited Office Commercial Street Classification Golf Road is an arterial street according to the City's Comprehensive Plan. Mary Street and Redeker Roads are local street. Comprehensive Plan The Comprehensive Plan recommends Community Commercial for the site. See Me Grow and Learn Infant Child Development Center has requested a Conditional Use Permit to occupy an approximately 4,000 square -foot tenant space within a multi -use building in the C-3 Zoning District. The approximately 96,800 square foot (2.2 acres) lot has frontage on Golf Road (280 feet), Mary Street (345 feet), and Redeker Road (280 feet). An approximately 27,369 square foot, one story, brick commercial building with multiple tenant spaces is present in addition to a Commercial Mobile Radio Service Tower. Seven parking spaces are located between Golf Road and the building while 24 parking spaces are located in front of the building on the Mary Street frontage. The building is currently occupied with a printing company, trade contactor storage (landscaping), and office/warehouse space. Generally, the area to the north of the subject property is developed with office uses including Holy Family Medical Center. Additionally, an office building is located at the southwest corner of Golf and River Roads. The properties to the south of the subject property are developed with more intense industrial uses and are zoned M-1, Limited Manufacturing. The proposed plan of operation would allow a maximum of 48 children and 8 employees. Three classroom areas totaling 2,905 square feet are proposed, in addition to a kitchen, restrooms, laundry, storage, and office. Based on the parking requirements in the Zoning Ordinance of 1 space per 15 children and one space per employee, 12 parking spaces are required. The seven diagonal parking spaces in front of the building accessed off of Mary Street would be used for drop-off and pick-up, while additional building Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 6 parking is located to the east of the building. An outdoor play area, totaling 3,000 square feet, is proposed adjacent to the front of the building. The traffic impact study concluded that "the proposed day care expansion will generate a limited amount of traffic and the existing drop-off/pick-up operations will occur internally within the one-way drive aisle therefore having minimal impact on traffic flow along Mary Street. The proposed number of parking spaces will meet the City of Des Plaines code and the anticipated peak parking demand." The City's Engineering Division reviewed the traffic study and issued comments. A response to comments was issued by KLOA, which was found to be adequate. 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: Commend Child Care Centers are a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3-6-C 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 Child Care Center use generally complies with the 2007 Comprehensive Plan, which recommends Community Commercial Use for this site. A Child Care Center is a Conditional Use in the C- 3 Zoning District. 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 Child Care Center would be located within an existing structure. No significant exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the child care center 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: Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 7 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 Child Care Center is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according the traffic study provided. 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 existing curb cuts on Golf Road and Mary Street. The traffic study did 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 exterior building alterations are proposed. The proposed plan would not add impervious surface, nor 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: The following regulations are specific to Child Care Centers: 8.7 Child Care Centers. 8.7-1 Child care centers shall in no case may the lot size or required frontage be less than that required by the zoning district in which the facility is to be located. There are no frontage or minimum lot size requirements in the C-3 Zoning District. 8.7-2 Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no equipment may be affixed to the land within such side yards. Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 8 The existing building and proposed play equipment shall comply with the C-3 setbacks. 8.7-3 There shall be a minimum of 35 square feet of indoor activity area per child within the structure. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in calculating this requirement. The three proposed classroom spaces, 2,095 square feet, provide for more than 35 square feet per child. 8.7-4 There shall be a minimum of 75 square feet of outdoor activity area per child that could be expected to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting all the requirements of Title 6, Chapter 7 of the City Code. Up to twenty-five percent of this requirement may be waived by the Zoning Board of Appeals upon a finding that: A. A park or similar permanent open space, suitable for supervised outdoor play, is located within 500 feet of the proposed facility; B. The park or similar permanent open space, suitable for supervised outdoor play, is one (1) acre (43,560 square feet) or larger; and C. The park or similar permanent open space, suitable for supervised outdoor play, is accessible from the proposed day care/child care facility location without crossing any street. The fenced outdoor playground is 3,000 square feet, which would allow for 40 children to be outdoors at one time. A total of up to 48 children are proposed in the proposed facility. A condition of approval limits the number of children that can be in the outdoor play area at any one time to not more than one child per 75 square feet. 8.7-5 Hours of normal operation shall be limited to 6:00 A.M. to 7:00 P.M. Proposed hours of operation are 6:30 A.M. to 6:00 P.M. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Child Care Center, 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 the following conditions of approval: 1. Prior to issuance of a Business Regulation Certificate, all of the parking spaces shall be restriped and in order to emphasize the intended East-West one-way flow through the north parking lot, directional arrows should be painted at the entrance and at the exit. Do not enter signage shall be installed at the driveway exit facing traffic from Golf Road. 2. Prior to issuance of a Business Regulation Certificate, the vegetation along the east and front of the building shall be cut back so that it does not obstruct the sidewalk. At the driveway entrance and exit to the north of the building the overgrown bushes shall be cut back or removed and replaced with Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 9 appropriate low cut vegetation (flowers, short cropped hedges) to keep open sightlines in the space from 2' to 6' above the ground. 3. The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet of outdoor play area at any one time. 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 of a Child Care Center in the C-3 zoning district. The City Council has the final authority on the project. Board Member Catalano questioned if Ms. Fehrmann is aware of the conditions? Any issues? Ms. Fehrmann stated she has no issues and they have been addressed and agreed upon with the owner. Board Member Szabo asked if she has experience in the day care business? Ms. Fehrmann stated, yes, she was raised in her own mother's home day care. She has a business in Niles currently for six years and is partnering with someone who has over fifteen years of experience. Board Member Szabo questioned why this is a good location and where are the potential customers coming from? Ms. Fehrmann stated the majority of her clients have dual income families from Des Plaines, however some are single parent households. This is a great location for my daycare center. Board Member Porada questioned Senior Planner Mangum, with respect to condition #1 in the staff report, regarding the do not enter sign, is that the responsibility of the petitioner and property owner? Mr. Mangum stated before the business license is issued it will need to be addressed. It is both the responsibility of the property owner and petitioner. The sign will be facing right of way, but on private property. Board Member Porada stated to the petitioner you are aware of limits of the number of children allowed outside? Ms. Fehrmann stated, yes, it is seventy-five square feet per child. Based on 3000 square feet, forty kids at a time? Yes, forty-eight kids max. Chairman Seegers asked if anyone in audience had any questions, or was for or against? There was none. Board Member Saletnik made a motion to recommend approval with the conditions recommended by Staff and Seconded by Board Member Catalano. AYES: Szabo, Catalano, Seegers, Saletnik, Hofherr, Schell, Porada NAYES: Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 10 3. Address: 480 Potter Road Case # 14 -054 -CU Issue: The petitioner is requesting a modification to a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the expansion of parking areas at an existing Place of Worship in the R-1 District. Analysis: Proposed Use Place of Worship Petitioner Fazal Mahmood, 480 Potter Road, Des Plaines, IL 60016 Owner Islamic Community Center of Des Plaines, 480 Potter Road, Des Plaines, IL 60016 Fazal Mahmood is sworn in. Updated site plan, also presented on stand. Chairman Seegers asked if there is anything additional you would like to add? Mr. Mahmood reiterates that he'd is applying to keep cars off the street and into parking lot. Question of clarity on signage and location, is there anyone here to speak without opportunity last time? Senior Planner Mangum summarizes the public noticing that occurred following the continuation of the September 9, 2014 hearing. Daniel Ryan approaches and states that the family lived in home since 1954. It was first purchased with the assumption that it will maintain a residential neighborhood. Then the church moved and told no impact on us. Parking lot not impact flooding, traffic not issue. Friday afternoons would be the only time when busy. However, this is not the case; members utilize and walk through and park on lawns. Parking has made it difficult for residents. We understand the need for parking, but the mosque has outgrown their facility. They are asking to change character of neighborhood. Kids now can't go out due to concern for safety and access. Neighbors are impacted emotionally and fmancially due to so much activity. The building is used all the time and the lighting is too bright. Lighting would impact neighborhood and area. My biggest personal concern is the access added by fire department. Again, the kids biking and playing will be impacted by fencing and fire department access. Mosque members are parked everywhere, in lawns, up and down streets. Police are called by the residents constantly. There was no long term plan heard at the last meeting. Last time we approached in 2010, we were told that mosque cannot stop worshippers from coming. Parking will not stop additional members from coming, parking on lawns; and after a few months worshippers will grow as convenience improves. In 2010, it was Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 11 voiced for parking comparisons of other potential parking areas (6 others could possibly share parking). Shuttle service and car pool, all we've seen is continuous growth from the community center. Corner of the streets is the main concern and how it impacts me as a resident when I border Ironwood Drive. More foot traffic, strangers, and cars is subject to all of the aforementioned. We already see issues in other areas of the neighborhood- there needs to be something done by taking away residential and adding asphalt. If the community center needs to grow their parking, they need to help neighborhood, perhaps offer market value for additional parking instead of going straight through residential neighborhood. No attempts for working long term with other institutions. The bottom line is, there is no plan for future or growth management - forcing more burden to property owners. Board Member Hofherr asked if his house was at Suffield and Ironwood corner and near the proposed parking facility. Mr. Ryan says yes, they are already affected by the light and noise pollution. Most parks close at dusk. However, there is activity going on at night with noise. John Milstead had a quick question about the 20x50 plan? New map shows landscaping plan. Elizabeth Papanastasopoulos, 2561 Church Street explained that she took pictures. Senior Planner Mangum distributed photos to the board. The yellow truck is not registered to the mosque, she found through google. Since she complained, they moved the truck but parked another. She asks if there are any questions for the pictures? She explains that these pictures should answer some of the previous questions. Mr. Scornavacco, 490 Ironwood drive is sworn in and complains that his street now floods at the end of block. Our fence abuts with the mosque. If they will pave asphalt next to me, flooding would be worse. The other concern is regarding the proposed lighting for parking. He is already affected by the current lighting of the mosque, which shines into his bedroom. The last concern is for snow plowing. He refers to snow piles for the last 27 years, and if they will push the snow onto his lawn. Pam Warford, 2530 Church Street would like to revisit permit parking. She reviews some language in the parking study that counted 172 parked on street. The lot holds 81, leaving around 90 cars on the streets. Mr. Porada says permit parking is not common in the suburbs. Maine West however, is cited by Pam and there are restriction/codes on the signs and on Willow between Graceland and Laurel, with restrictions with time and date restrictions. Please visit how they can approach that method. Also, comment on page 5, item I, that the destruction is already accomplished with removal of trees. Water retention also a concern, and to it keep on their property. Robert Peck Shaw, 2570 Suffield Street is sworn in- lived in Des Plaines 53 years and parents plus over 20 years in Des Plaines. We live in small community, it was quiet, residential, safe and home. Walk your dog and it was safe. It's not safe anymore, cars drive 35-45 mph in a 25 zone, looking for a parking spot. I Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 12 complain about Parking in the lawn and trenches left when it rains. The mosque has been growing and Potter Road is gridlocked after 2 pm, from Golf to Potter takes 45 minutes, and it will be worse with more parking. Water and flooding is another concern. He states he has flooding in his backyard for the first time in 25 years. Additional parking will make it worst. He reports flooding issues experienced by his neighbor. It was a quiet neighborhood but now it's getting worse. And expansion will make it worst and worst. He sees no end in sight for the growth and forces the thought of moving- which I don't want to. Ahmed Rehab 1088 Wicke Ave. first time testimonial and is sworn in. — He explains he is the Executive of Director of a Muslim community group. I advise for the Governor and Mayor of Chicago. My observation with organizations, I put Des Plaines on top of how well it's kept. Police Department sometimes frequent during lunch due to how nice the facility is. I want to address this case logically with 2 points. The first, I bought my home on Wicke, understanding the 7,000 sf — with the context of sharing the space of the neighborhood and City. Nobody can control the space and what happens all around them. If that was the case, nothing would ever be accomplished. We've heard about growth but it's a problematic use of facts for the context of expansion. Examples of further growth but what it is- is parking catching up to the use right now. Not expanding. Compare the parking to facility ratio, and you will find we are underserved. The equation is off, there isn't enough presently. The complaints reflect this. Ask yourself, if this is an expansion, wouldn't the building be expanding? How is that logical? This is about catching up, not expansion. This isn't a bait and switch, look elsewhere, parking space will finally meet the ratio. This is a Catch 22, we hear complaints about the lack of parking, but we are facing resistance to help the situation, and what you have is facility without the right parking ratio. Final point, in terms of safety issues; there are no crimes or acts. Parking is only for parking and no function at parking lot. Forgive me for saying this but the people behind me may look different, but they park a car like everyone else. There is no special code for socializing. Everyone parks the same way. Please consider granting parking for correcting itself. Board Member Saletnik has a question for staff. Scott, based on square footage of the building and how normal is parking ratio for place of worship? Senior Planner Mangum states, a little over 50 parking spaces would be required, 1 space per 60 square feet of assembly for places of worship without fixed seating. Currently, it does meet code requirements. Board Member Saletnik asks what is the occupancy load? Senior Planner Mangum reflects that we unfortunately don't have that information available at the moment. Board Member Saletnik states that the building was built according to codes, and parking to its codes. We never granted a parking variance on parking right? Senior Planner Mangum confirmed that no parking variance was issued. Board Member Saletnik explains that parking is correct per code at the time. Pedestrian access around the facility, maybe compromise for give and take on both sides. If we could cut pedestrian access- we should Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 13 make conditions in our approval to accommodate with surrounding facility parking. How realistic is this? I don't know at this point, but it's a proactive approach. Ms. Papanastasopoulos states that the original place of worship in the 90's was for 40 families. The safety issue, and a detective for the Des Plaines Police Department has the records that in August 2008, we have been broken into our cars. A member's child, broke into their house, a 14 year old. He broke into our home and was convicted of breaking in 5 times. He went into a juvenile center, and the excuse was because he doesn't like the neighbors and the neighbors don't like him. I can't go jogging on my street. My house was broken into by a 14 year old of the mosque. Sajid Afzal lives at 446 Good Ave. is sworn in. I live in area and been living there since 2008. Some of the things mentioned here are grossly overstated. I too have a concern of safety. But I don't agree to the walking and running concerns. I don't feel any danger and I spend a lot of time outside. I don't see extensive people from mosque. However, I do agree on Fridays, parking is a problem. I let people park on my entire driveway. I don't deny the parking is a problem. Perhaps permitted parking is an avenue we can look at later in a future meeting. But I never felt threatened, I see a lot of people walking their dogs, jogging and etc. I don't think it's fair for 1 person breaking a crime, that's unfair. We also need to discuss parking at the neighborhood bar, if parking is used against the mosque. There is a lot of parking issues during games etc. If the issue is parking, then the concern of parking should be all inclusive. There is no parking issue other than Fridays and Ramadan. They've already done what they can with parking in other facilities. I do admit there is an issue on Fridays. The members do need to be reminded to not park in front mailboxes etc. I brought up in 2010, needs to more outreach. If you do see additional people walking around, about 6-7 extra families because they already live in the neighborhood. Board Member Hofherr asks if there is parking allowed on both side of streets. Mr. Afzal responds that some parts are 1 sided, but others allow both sides for parking. Mr. Shaw stated that the mosque was proposed to code. However, now all of a sudden is catching up to its expansion, is how I see it. They City accepted the parking for the building. But now they are catching up. More asphalt means more flooding. The Last thing, is that crime has gone up. After the mosque went up, 2 kids took my Santa Clause from my front yard. I asked if they could put it back. The next day, they cut my Christmas trees, lights etc. Since that, I've never decorated my house for Christmas. He reiterates the water problem and parking lot floods with just a half inch of rain. Alushtaq Khan. Is sworn in. I used to live in Des Plaines for many years, we had issues with flooding. Flooding, fencing lighting, etc. all concerns- however, the main concern is parking. People block their driveway and can't get mail. We are trying to take some of misery out to parking lot. They should be happy, not mad. We can't take the building away. They don't have enough time for bussing or walking. Main concern is parking- if denied, the problem will remain. We are trying to build the parking lot to take the misery away, they should be happy. Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 14 Mohammed Sadikie — 1330 Perry St. — is sworn in. I have lived in Des Plaines for 35 years. I had a private practice in Des Plaines, and my point is this Islamic center represents stability not criminal activity. There is no additional activity during the month of Ramadan. This center is for spiritual healing. This center will be for Muslim and all. The activities during the month, do not go on past mid -night. If you deny parking, then the parking problem will increase. We can't limit spiritual healing. When the founding fathers established this land to practice freedom to worship freely. We love this country and Des Plaines. We will try to make this community as safe as possible. From time to time, the center makes announcements not to park in front of neighbors' driveways etc. We invite everyone to see what activities happen at the center. Mohammed Scukhera (sworn in last meeting) — the mosque has stabilized the pricing of the homes in the neighborhoods. During the last 4-5 years, 4 Muslim families moved in. 3 families moved into area by mosque. 3 families live on Sheffield, one on corner and one in the middle. We have an 80 year old house, this family sold at $285,000. Muslim community has stabilized the pricing in the community. Most people in this country move around every 3 to 4 years. This area west of the mosque is in the floodplain. -Flooding is all over in Des Plaines and water is retained due to City restrictions. They are putting in new pipes at River/Rand Rd.; the flooding for 4 days is not caused by the Center. Tree complaints falling into our space. Proceeds to reference "No Parking" restrictions all over areas of neighborhood. The left hand side versus right hand side, 12-4 —is during worshipping time. The neighborhood bar again, is cited for parking overflow too. Some people are parking 1-2 miles away. I don't think anyone has to go through the trouble with parking and walking the distance for worship. Bottom line, to deny the parking and things will stay the same. But if we allow parking, it will help. Lastly, we never complain about the overgrown trees. Hamed Mohammed (project engineer, sworn in last time) — 81 new parking spaces when completed. But of 91, 40 is willing to allow them to drive on his driveway. 40 will be parked in driveways and in regards to the asphalt concerns; we are satisfying the requirements and overall area, 5% for landscaping. At the request of board members, the mosque expedited details for landscaping plans. As recommended by Planning Department, emergency access, will bear the cost and trying to work with staff and board members. Some complaints are ridiculously exaggerated in my opinion. In the end, we request the board members and people in the room to support the project so we can add more parking. Jose Garcia, 420 Good Ave. — I was here 4 years ago and it was a hot potato. And now it's a bigger problem. We want to be good neighbors, but around 1:30, a lot of people arrive and they park anywhere. Same program every Friday. My neighbor gives chance to park next to my house, one day one of your people jumped my fence, I called the police. So how can we be good neighbors? There is no solution for this, but I see a pattern. There are 2 other churches, why not ask for permission to share parking? Everybody will be happy. Ms. Warford asks Why do trees have to be cut? The Issue of flooding cannot be compared to the major flooding. Milwaukee is high point, but cannot be contained past Potter. The Surface doesn't soak up water, trees soak up water. We get enough rain water and I do not want their water. Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 15 Adnan Sheed — 2541 E. Church Street is sworn in- I've been living in Des Plaines for the last 5 yrs. I don't have problem with building a parking lot. I let people also park on my space too. It would help the situation with additional off-street. I live right behind the mosque, I haven't heard anything about the referenced late night activities, except during the month of Ramadan. Board Member Porada question to Senior Planner Mangum- the present parking lot before the 2010 addition, that water that is collected into storm sewer?- proposed addition would be reviewed by engineering dept. parking lot water drains to storm sewer? Senior Planner Mangum - Yes, the drainage from parking lot is detained per Engineering requirements. Board Member Porada asks if would have to be pitched? Senior Planner Mangum confirmed that civil plans reviewed by Engineering to specifications, curbed and drained. Board Member Porada questions about the Day care across the street. I seldom visit, but since 2010 petition I've been out there quite frequently. The lot is never full. Mr. Mahmood, President of mosque- They will not allow parking during business hours. We have approached them. I understand a lot of worshippers have a short time window- so if they had to park they couldn't park far away given the short window of time. By 2 o'clock, everyone is out of the parking lot. There is a 15 minute window. Board Member Porada asks so you split services? Mr. Mahmood - Yes, to 2 services. We approached a church on golf, but have been denied. We now bought the property to add parking for the lot. No way to create services to dissipate services to shorten. Board Member Porada asks how long have you been there? Mr. Mahmood - the building was built in 2005. Board Member Porada asks any plans to physical expand the building? Mr. Mahmood - No, there is already a restriction clause to the physical expansion to the building. The numbers confirm to the code. People that walk are typically neighborhood worshippers. Board Member Porada asks if they conform to the numbers of the code. Senior Planner Mangum confirmed that the mosque was in conformance with codes. Board Member Porada asks if your place of worship plans to stay correct? Mr. Mahmood - absolutely. Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 16 Mr. Ryan asked to come up by Board Member Porada Board Member Porada explains that we are talking about parking, not driving anybody out of Des Plaines. Tonight's request is for parking expansion. They will stay here, the only thing we can talk about is parking. We cannot tell them can or cannot cut down trees. There's a lot of things talked about that we do not address. The lighting will be addressed, etc. photometric plans apply for the additions. The City can make recommendations to fencing, lighting etc. What do you and everyone in the neighborhood want the board to do? One does not have to do with the other. The board I work with, can say I am the most pro -active resident. Mr. Ryan- All that's before us, is parking. Personally, nobody wants to force anyone out. I want them to be accountable for their actions. More area that's not permeable, flooding in their own lots currently. Even with flood controls, that Scott mentioned, I don't feel confident what they've done in the past will help with the new parking. When they first build facility in '05, they had built parking and now they want to double it. Doesn't that they are mean they are packing more people in? We just ask to be a good neighbor to find other ways for parking. We have a lot of parking in downtown Des Plaines. What's wrong with using a bus service? Get a couple people with vans. What makes most sense is sharing vs. adding blacktop. DP was a city based on family values. A religion institute landlocked by homes doesn't make sense. Doesn't make sense to ruin neighborhood safety, creating a situation where something will happen. Limited access to Potter Rd. will only add backups. I don't think it's necessary by adding blacktops. There's 10 other locations I can point out. I've personally had no issues with the center. Everyone I've contacted have been responsible, but sometimes ran into mischief. Parking is the issue. The City may want to embrace and take a look at. How is parking denial going to help the issue? Board Member Porada asked. These people started worshipping in homes at first. Houses of worships are permitted in residential areas. I'm not saying the mosque is right or wrong, or Countryside (bar) is right or wrong. This is a parking issue. This is an urban environment, like it or not. This is an urban environment and urban environments change. Mr. Ryan -You are talking about growth and it can be managed and anticipated. Last time, there was no planning talked about, rather, it's piecemeal. There's no planning. My neighbors each have a different tipping point. Do we control flow, parking etc. instead of putting blacktop in? Vacant parking spaces should be looked at. There are 6 churches not using their spaces. Take the lead and contact them. Look at other options before an irreversible decision. Let's give guidance and help to talk to other institutions. Board Member Porada says he doesn't see it as a zoning, land use or variance solution. I don't know if denying parking will not force them to talk to 6 other churches for parking sharing. It's a political solution. Chairman Seegers- we have facts and we will base our decision based on them. We cannot keep going on off tangent. We can only give our view to Council and our suggestions. That said, with the review, let's Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 17 give direction. Any questions by the Board? Has everyone had opportunity to speak? Is there a motion or recommendation? Board Member Saletnik, motion to recommend approval with conditions by staff. One comment, this parking will only help parking issue, and not solve it 100% Board Member Szabo seconds the motion, but reminds members of the center to pursue the recommended 1,500 ft. radius outreach for park sharing. The parking restrictions are appropriate and should help. Following discussion, Board Member Saletnik amended the motion to recommend approval of the conditional use permit with the eight conditions as recommended by staff and with a ninth condition that the Islamic Community Center shall pursue off-site parking agreements with other nearby Institutional uses. Board Member Szabo seconded the amended motion. AYES: Szabo, Catalano, Saletnik, Hofherr, Schell, Porada NAYES: Seegers 4. Address: 1795 Oakton Street Case # 14 -058 -APL Issue: The 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 sign permit application for awnings that would violate Table 11.6.B (Sign Regulations) of the Zoning Ordinance. Address: 1795 Oakton Street PIN: 09-28-103-008-0000, 09-28-103-009-0000, 09-28-103-010-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: Owner(s): Kedra and Brian Pai, K & G Collections, 1751 Firth Road, Inverness, IL 60067 Kedra and Brian Pai, K & G Collections, 1751 Firth Road, Inverness, IL 60067 Chairman Seegers swore in Mike VanMoorleghan and Kedra Pai. Mr. VanMoorleghan wanted to share the history of the store. Diamond paint has been established and operating since 1953. Over the years, it has expanded. With the expansion, we have added many products. How do we compete with big box stores? With the flooding on Oakton, pretty much every time it floods we get water in the store. Since Kedra has taken over, we have taken an aggressive approach with a little youth that has been added to the business. We were involved in the curb appeal challenge. Someone in our office applied for the awning grant which was accepted, with no approval of the permit. We really felt we had reason to believe we were ready to go. From that perception, we were OK. We go to get the permit and it Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 18 was denied. After speaking with Mr. Mangum the name and business name is the only thing allowed. With this industry, and what we offer; flooring, windows, etc, we represent over ten industries. Given the code, I don't think it supports the businesses in Des Plaines. It is hard to compete with big box stores without being able to name our services on signage. We really relied on communications with the City and misunderstood the letter. I talked to Mr. Mangum immediately and asked if this is really what we cannot have. Mr. VanMoorleghan explained it is hard for people to believe this isn't the intention for the sign code. It is outside the scope of what the City wants. We have awnings ordered, $6,500.00 bill, I understand mistakes were made. They are great looking awnings. I think denying it and expanding our interpretation affects us and other future applicants. Chairman Seegers stated big box stores do not have descriptive text either. There are reasons for the codes, I don't know why the rules didn't get relayed. The restrictions are for the content of the awning to be simplified to reduce sign pollution. Board Member Szabo stated if they want to grow their business, I think the City should bend over to help them. I read the correspondence, and can see how there is confusion. The awning is not offensive in any way in his opinion. Board Member Catalano said comparing these awnings to Paradise Pup, the difference is based on the zoning ordinance years. Community Economic Development Director Sakas stated a lot of awnings were permitted and installed prior to the 1998 zoning ordinance. Board Member Saletnik stated our code is wrong in this case. The awnings in this manner look good. Sometimes you need to have some common sense. It was done tastefully. Community and Economic Development Director Sakas stated the code is specific, cannot exceed 12" height. Industry, pursuit, etc. open to interpretation. At the end of the day, it affects the business. We need to improve the guidelines. The awning is not gaudy and that's the good news. Recommends the Planning Commission to come up with better language. Chairman Seegers stated we don't want to set precedence for allowing the awnings and agree to this, the affects will go far beyond. If this is based on the ordinance, that's a difficult step. To override the appeal is incorrect. The decision was based on what code was allows. The appeal is on the administrator's interpretation of the code. Board Member Saletnik stated Mr. Mangum followed the law. But, is this detrimental? Community and Economic Development Director Sakas stated he will work on policy context, I will prepare an amendment to change the policy. Senior Planner Mangum review the staff report. Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 19 Issue: The 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 sign permit application for awnings that would violate Table 11.6.B (Sign Regulations) of the Zoning Ordinance. Analysis: Address: 1795 Oakton Street PIN: 09-28-103-008-0000,09-28-103-009-0000,09-28-103-010-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: Kedra and Brian Pai, K & G Collections, 1751 Firth Road, Inverness, IL 60067 Owner(s): Kedra and Brian Pai, K & G Collections, 1751 Firth Road, Inverness, IL 60067 On July 11, 2014 Diamond Paint and Home Center applied for a sign permit to replace the awnings at 1795 Oakton Street. The permit application and diagrams (Attachment 4) were reviewed by zoning personnel under the authority of Sign Permits (11.3) in comparison with the Sign Regulations for Commercial, Manufacturing, and Institutional Districts (11.6.B). On July 11, 2014 the sign company, Thatcher Oaks Awnings, was contacted via telephone and notified that the proposed awnings were not allowed because the lettering was in an area greater than 12 -inches high on one of the awnings and contained content other than the name and type of business. Section 11.6.B of the Zoning Ordinance states, "No advertising shall be placed on any awning, except that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding 12 inches in height on the front and side portions thereof." The applicant has appealed this decision stating that the lettering size and content comply with the Zoning Ordinance regulations, that the awnings were created because of reliance on government authority, and that denying the appeal would result in financial hardship. The government reliance statement refers to the City's Business Assistance Program which offers reimbursement of up to 75% of the cost of awnings, up to a maximum of $5,000. An approval letter, dated May 22, 2014, for this program was sent to the applicant demonstrating compliance with the Business Assistance Program guidelines. However, the letter states in all caps and/or bold lettering that "this approval is not an authorization to proceed with installation," and that "you or your contractor must apply and be approved for all appropriate sign/development permits prior to work." As additional background, in 2002 an awning permit was requested by Thatcher Oaks Awning and approved to allow awnings with the text "Diamond Paint Home Center" within a 12" -high area at 1795 Oakton Street. The approved permit and Google Street View of the awnings are included as Attachment 6. Zoning Board of Appeals Procedure Case #14-057-V 1425 Forest Avenue Case #14 -060 -CU 1345 Golf Road/16 Mary Street Case #14 -054 -CU 480 Potter Road Case #14 -058 -APL 1795 Oakton Street September 30, 2014 Page 20 Under Section 3.9 of the Zoning Ordinance (Appeals) the Zoning Board of Appeals may affirm or may, reverse, wholly or in part, or modify the order, decision or interpretation of the Zoning administrator. In deciding whether to affirm, reverse, or modify, Section 3.9-1 (Purpose) states that the Zoning Board of Appeals should "give all proper deference to the spirit and intent embodied in the language of this Ordinance and to the reasonable interpretations of that language by those charged with the administration of this Ordinance." Additionally, Section 3.9-2 (Authority) provides that the Zoning Board of Appeals "shall have the same powers and be subject to the same standards and limitations as the Zoning Administrator with respect to any order, decision, or interpretation being appealed." In accordance with the standards set forth in Sections 3.9-1 and 3.9-2, the Zoning Board of Appeals should affirm the decision of the Zoning Administrator unless it determines that the Zoning Administrator's decision was unreasonable. Recommendation: Staff recommends that the Zoning Board of Appeals affirm the decision of the Zoning Administrator based on a review of all relevant factors and information, including, without limitation: (1) the application for a sign permit and supporting plans submitted by the petitioner; (2) the Sign Permit procedures in Section 11.3; (3) the Sign Type Regulations in Section 11.6.B; and (4) the standard of review requiring the affirmation of reasonable decisions of the Zoning Administrator made in accordance with the standards and limitations of the Zoning Ordinance set forth in Sections 3.9-1 and 3.9-2. Board Member Szabo stated there were mistakes from staff, it was interpreted too strictly. It is as simple as that. Board Member Catalano made a motion to overturn the administrator's decisions for this particular case and Board Member Szabo Seconded. AYES: Szabo, Catalano, Saletnik NAYES: Hofherr, Schell, Porada, Seegers Motion failed. Four nayes constitutes denial. ADJOURNMENT On a voice vote, the motion carried unanimously, to adjourn the meeting at 11:30 p.m. Sincerely, Chan Yu, Associate Planner cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners