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11/25/2014Case #14-050-V 710 S. Second Avenue Case 4114 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 1 DES PLAINES ZONING BOARD 'WELTING NOVEMBER 25, 2.014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Monday, November 25, 2014, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Porada ALSO PRESENT Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:34 p.m. & read this evening's cases. APPROVAL OF MINUTES: A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to approve the meeting minutes of October 14, 2014, as presented. AYES: Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ABSTAIN: Catalano, Szabo ***MOTION CARRIED 5-2*** A motion was made by Board Member Catalano, seconded by Board Member Schell, to approve the meeting minutes of November 12, 2014, as presented. AYES: Catalano, Schell, Porada, Seegers NAYES: None ABSTAIN: Szabo, Sal etnik, Hofherr ***MOTION CARRIED 4-3*** Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 2 NEW BUSINESS 1. Address: 710 S. Second Avenue Case Number: 14-050-V Petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum - required setback for an accessory structure is 5 -feet in the R-1 Zoning District. PIN: 09-17-320-025-0000 Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Chairman Seegers noted that Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 was duly sworn in at the last Zoning Board of Appeals Meeting on November 12, 2014. Mr. Bertolini advised he added the grill enclosure & went through the process. Chairman Seegers asked: • if it is masonry. Mr. Bertolini advised — yes • if the grill is on the west side of the house. Mr. Bertolini advised — yes • if the grill is in the rear portion in the side yard. Mr. Bertolini advised — yes • if neighbors have any objections. Mr. Bertolini advised — no, and stated there are two acknowledgement letters received from neighbors Board Member Hofherr asked: • if there was a hearing regarding the code enforcement violation. Mr. Bertolini advised — he wasn't aware there was a hearing • if there is a 0 setback. Mr. Bertolini advised — it's actually 6 inches Board Member Porada asked: • how high the barbeque grill is off of the ground. Mr. Bertolini advised — approximately 4 ft. Mr. Ken Bertolini, 1310 W. Haven Drive, Arlington Heights, Illinois, came forward and was sworn in by Chairman Seegers. Board Member Porada continued, asking: • if a permit was obtained in 2012. Mr. K. Bertolini advised — yes; the driveway and patio work was completed shortly after moving in • when the barbeque pit was added. Mr. K. Bertolini advised — at the same time of move -in • if the barbeque pit was built when you moved in? Mr. A. Bertolini advised — yes • if the barbeque pit was included on the sketch/drawings? Mr. K. Bertolini advised — no, it was after - the -fact Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 3 Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting a Variation to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to legalize the construction of an accessory structure (barbeque grill enclosure) with a setback of approximately zero feet from the west property line where the minimum required setback for an accessory structure is 5 -feet in the R-1 Zoning District. Analysis: Address: 710 S. Second Avenue PIN: 09-17-320-025-0000 Existing Zoning: R-1, Single -Family Residential Petitioner: Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 Owner(s): Anthony Bertolini, 710 S. Second Avenue, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 51 -foot by 141 -foot (approximately 7,220 square foot) lot at 710 S. Second Avenue is a legal nonconforming lot as the minimum lot width is 65 -feet and minimum lot area is 8,125 square feet for a corner lot in the R-1 Zoning District. A one and a half -story brick single-family residence with a driveway and attached one -car garage currently exists on site. Without a permit the applicant installed a 3 -foot by 6 and a half -foot brick enclosure for a barbeque grill and was cited by code enforcement personnel in September of 2013. A permit was obtained in 2012 for a driveway replacement and rear patio addition. The barbeque grill enclosure is located along the west property line. The applicant wishes to keep the grill enclosure in its present location to maximize the use of the yard and property. This request, a setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board of Appeals. Recommendation: Staff recommends approval of the above -requested variation for the location of an accessory structure 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. While there appear to be other locations where the enclosure could be located to the south or east of the patio that would not encroach upon required setbacks, the lot is legal nonconforming with regards to width and size, and the enclosure is smaller in bulk and scale than the typical accessory structure. 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 setback variance in the R- 1 zoning district. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 4 Chairman Seegers asked if the Board has any questions. Board Member Catalano asked if the grill is gas or charcoal. Mr. Bertolini advised — it's a propane tank; not an open pit; just a surround. Board Member Saletnik asked/stated: • it appears to be 3 ft. high • seems like a fence/enclosure to hide the grill; is aesthetically -pleasing Chairman Seegers asked if anyone in the audience objects or is in favor. No one responded. Board Member Szabo stated if it was a Weber grill, it would be no problem; being a propane grill, he affirmed he is in favor of this. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to grant the variation. Board Member Porada thanked/stated: • Petitioner for returning • he typically doesn't approve after -the -fact variations • as Petitioner obtained a permit (for the earlier work), he believes he is aware there is a process • without a concrete slab this can be easily removed if needed AYES: Szabo, Catalano Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY* * * 2. Address: 683 Wolf Road Case Number: 14 -081 -CU Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Establishment in the C-3 District. PIN: 09-07-226-025-0000 Petitioner: Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner: Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 Chairman Seegers swore in Petitioners Zhe Liu, 8228 N. Octavia, Niles, IL 60714 & Nicholas J. Ftikas, Attorney at Law, Law Office of Samuel V.P. Banks, 221 N. LaSalle Street, 38th floor, Chicago, IL 60601 who is assisting attorney Paul Kolpak. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 5 Mr. Ftikas advised the Applicant is currently operating with a reflexology license. Her establishment currently has 3 employees and is open from 10 a.m.-9 p.m. He stated the license does not allow for other body areas to be touched as well as no disrobing. The Applicant is applying for a Conditional Use Permit to expand to body massage services. Chairman Seegers asked what the hours are. Mr. Ftikas advised — 10 a.m.-9 p.m. except Saturdays Chairman Seegers asked if the Board has any questions. Board Member Porada asked: • if Petitioner is operating with a reflexology license. Mr. Ftikas advised — yes, a business license with reflexology • if Petitioner was cited when she was asked to provide body massages. Mr. Ftikas advised — yes • if this is Petitioner's first establishment. Ms. Liu advised — she has been in business for 14 years and has many locations (Bloomingdale, West Dundee, Niles, Glenview, etc.); this is the newest business. • if the (owners') names listed are the therapists. Ms. Liu advised — yes • if Ms. Liu is a massage therapist. Ms. Liu advised — sometimes • if Ms. Liu has had 4 businesses for years. Ms. Liu advised — yes, for 12-14 years • if Ms. Liu has been cited in any other locations. Ms. Liu advised -- never Chairman Seegers asked Staff to summarize the report. 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 authorize the operation of a Massage Establishment in the C-3 District. Analysis: Proposed Use Massage Establishment Petitioner Zhe Liu, 8228 N. Octavia, Niles, IL 60714 Owner Michael Rayyan, 9800 Lauren Lane, Niles, IL 60714, and Ray Rayyan, 2215 Sanders Road #350, Northbrook, IL 60062 PIN 09-07-226-025-0000 Plan of Operation Approximately 3 employees would work at the location with proposed hours of operation from 10:00am to 9:OOpm. Existing Use Multi -tenant retail center Surrounding Land Use North: Commercial East: Single -Family Residential South: Single -Family Residential Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 6 Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan West: Commercial C-3, General Commercial North: C-3, General Commercial East: R-1, Single Family Residential South: R-1, Single Family Residential West: C-3, General Commercial Wolf and Central Roads are identified as collector roads according to the City's Comprehensive Plan. The Comprehensive Plan recommends a Community Commercial use in this area. The applicant, Zhe Liu of Jia Foot Spa, has requested a Conditional Use Permit to operate a Massage Establishment at 683 N. Wolf Road in the C-3 Zoning District. The 2.2 acre lot has approximately 180 feet of frontage on Central Road and 395 feet of frontage on Wolf Road. The petitioner currently occupies an approximately 2,000 square -foot tenant space within a one-story shopping center. The existing business is licensed authorizes the reflexology, which does not require a conditional use permit. The State of Illinois Massage Licensing Act exempts practitioners of other forms of bodywork who restrict manipulation of soft tissue to the feet, hands, and ears, and who do not have the client disrobe, such as reflexology. The business has been cited for also offering body massage services, which does require a conditional use permit and is subject to the State Licensing Act. The floor plan indicates that the tenant space would be organized with most of the areas containing a number of foot massage sofas, but also three rooms with tables for body massage. Additional space includes restroom and storage facilities. The proposed plan of operation includes hours of operation between 10:OOam and 9:OOpm and a staff of three massage therapists. The applicant requested a waiver of the traffic study which has been granted due to the limited amount of traffic anticipated. 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 Massage Establishment is a Conditional Use in the 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 2007 Comprehensive Plan recommends Community Commercial use for this site. A Massage Establishment is a Conditional Use in the C-3 Zoning District. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 7 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 Massage Establishment use would be located within an existing structure. No 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 Massage Establishment use are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire 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 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 Massage Establishment use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information 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 an existing curb cuts on Central and Wolf Roads for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 8 Comment: No significant 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: As proposed, the Massage Establishment use appears to conform to all other zoning regulations. The Des Plaines City Code, Title 4, Chapter 13 establishes additional regulations pertaining to Massage Establishments and requires approval of the City Manager including review by the City Sanitarian and the Police Department. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the operation of a Massage Establishment, 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. The only individuals authorized to operate at the location would be Zhe Liu, Yan Li, and Ying Wang pending business license approval, including a review by the Chief of Police. Any additional person would require approval of the Chief of Police. 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. 3. The use shall comply with, and remain in compliance with, Title 4, Chapter 13 (Massage Establishments) of the City of Des Plaines Municipal Code. 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 operation of a Massage Establishment use 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 Catalano asked, regarding Condition 1, what is intended? Mr. Mangum advised — this is intended for the persons that would be administering body massage. Board Member Hofherr asked: • if Ms Liu spends her time at this or other locations. Ms. Liu advised — all locations • if there will be only 2 employees there. Ms. Liu advised — yes, when I am not there Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 9 A motion was made by Board Member Saletnik, seconded and amended by Board Member Catalano that Condition 1 be altered from "individuals" to read "massage therapists", to recommend approval to City Council and grant the Conditional Use Permit. AYES: Saletnik, Catalano, Szabo, Hofherr, Schell, Porada, Seegers NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * 3. Address: 130 E. Thacker Street Case Number: 14-082-V Petitioner is requesting a major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 4 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-18-300-040-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chairman Seegers swore in Petitioner Fire Chief Alan Wax, 405 S. Des Plaines River Road, Des Plaines, IL 60016. Fire Chief Wax advised there is currently a utility garage on-site that is full. Other vehicles (fuel -truck trailer, pick-up truck) are stored outside. He stated they wish to place these vehicles indoors. He advised a grant was received to expand the garage. Chairman Seegers asked: • if this extends to the west. Chief advised — yes • if it is masonry. Chief advised — it is similar to the current frame construction • if the structure to the north is a school. Chief advised — yes • if the setback is 5 ft. Chief advised — 8 ft. Mr. Mangum advised this would expand a third accessory structure. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 10 Chief advised for all 3 fire stations, per the budget, the current (dated) message boards will be upgraded to electronic boards; will be modernized; offer flexibility. Board Member Szabo asked if all signs are the same for all 3 fire stations. Chief advised — yes, generally. Chairman Seegers asked if electronic boards would include identification and address. Chief advised — yes. Board Member Hofherr asked if the garage will be sufficient. Chief advised — the current garage would still be used. Board Member Szabo asked if the garage is being made wider. Chief advised — we are extending to the west and making the overhead door taller. He noted a couple of parking spaces will be lost. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval of variations to City Council for the garage addition at 130 E. Thacker Street. Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the expansion of an existing third accessory structure (garage) to create an approximately 1,064 square foot garage, instead of not greater than 720 square feet; and major variations to Section 11.6.B to allow a 6 -foot tall monument sign with an approximately 4 -foot setback and including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum height allowed is 5 -feet, minimum required setback allowed is 5 -feet, and maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 130 E. Thacker Street PIN: 09-18-300-040-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 1.1 -acre lot has 304 -feet of frontage on the north side of Thacker Street, as well as 159 - feet of frontage on Westgate Road and approximately 202 -feet of frontage on Robert Coombs Court. A one- story brick Fire Station, detached frame garage, five -story brick training tower, one-story brick museum, and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to expand the existing garage and to replace the manual reader board component of the sign with an Electronic Message Board component. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 11 The existing 672 square foot (30 -feet, one -inch by 22 -feet, four -inch) garage is located behind the Fire Station, approximately 8 -feet from the north property line. The petitioner wishes to expand the accessory structure to approximately 1,064 square feet by extending the building 28 feet to the west to accommodate storage needs for larger equipment. Major variations are requested to expand this third accessory structure, where a maximum of two are allowed, to a size greater than 720 square feet. The existing monument sign is located toward the center of the Thacker Street frontage, approximately 4 - feet from the south property line along Thacker Street. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Additional major variations requested would allow the approximately 6 -foot tall EMB monument sign to be located approximately 135 -feet from the nearest residence, a single-family residence at 142 E. Thacker Street, 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 185 -feet from the nearest single family residence to the east at 798 S. Westgate Road. 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 accessory structure and sign variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be 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. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 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 portion of the 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 of the EMB sign on surrounding properties. Additionally, while the property is located within the R-1, Single Family Residential Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 12 District, a Fire Station operates differently than a typical residence and has a greater need for accessory structures. 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 accessory structure and sign variances. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend approval to City Council for sign variations as proposed with conditions as mentioned by Staff. Board Member Szabo asked if there has been input from any of the neighbors. Chief advised — there was a call from McDonald's staff (River Road location). Mr. Mangum advised — he hasn't heard any additional feedback. Board Member Porada asked/stated: • if text may include information about checking batteries, etc. Chief advised — yes, safety issues and notification of events. He advised other departments, etc. may utilize electronic boards also. • if these will be like the municipal board at River and Miner. Chief advised — not to that extent. • if other organizations who may supply messaging would be screened by Chief Wax. Chief Wax advised — yes • if Petitioner is aware of the conditions. Chief Wax advised — yes • if the cabinet would remain the same. Chief Wax advised — yes • it's helpful for the Fire Department to set the appropriate example. Chief Wax responded — we will take the conditions seriously AYES: Saletnik, Hofherr, Szabo, Catalano, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY* * * 4. Address: 405 S. Des Plaines River Road Case Number: 14-083-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 13 PIN: 09-16-300-106-0000 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised that the goals, intentions, and conditions are the same as the previous petition. Chairman Seegers noted the particulars; Mr. Mangum clarified same. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting a major variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% where the maximum percentage of an electronic message board component allowed is 30 -percent in the C-3 Zoning District. Analysis: Address: 405 S. Des Plaines River Road PIN: 09-16-300-106-0000 Existing Zoning: C-3, General Commercial Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 38,290 square foot lot has approximately 155 -feet of frontage on the east side of Des Plaines River Road. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the middle of the site along Des Plaines River Road. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. The applicant states the need to modernize the existing manual changeable copy sign as a reason for the variation request. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 14 Recommendation: Staff recommends approval of the requested sign 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 sign variation would be 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. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 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. 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 sign variance. The City Council has the final authority on the project. Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council with conditions as noted by Staff. AYES: Hofherr, Catalano, Szabo, Saletnik, Schell, Porada, Seegers NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * 5. Address: 1313 E. Oakton Street Case Number: 14-084-V Petitioner is requesting a major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. PIN: 09-29-202-015-0000 Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 15 Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Chief Wax advised this fire station is the closest distance to the neighbors. He stated the goals, intentions, etc. are the same as the above petitions. Chairman Seegers asked Staff to summarize the report. Issue: The petitioner is requesting major variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a monument sign including an Electronic Message Board component that is approximately 35.5% within 250 -feet of residences, where the maximum percentage of an electronic message board component allowed is 30 -percent in the R-1 Zoning District. Analysis: Address: 1313 E. Oakton Street PIN: 09-29-202-015-0000 Existing Zoning: R-1, Single Family Residential Zoning District Petitioner: City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 Owner(s): City of Des Plaines Fire Department, 405 S. Des Plaines River Road, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The approximately 11,601 square foot lot has approximately 93 -feet of frontage on the south side of Oakton Street and approximately 125 -feet of frontage on Ash Street. A one-story brick Fire Station and manual reader board sign are located on the site. The Des Plaines Fire Department is proposing to replace the manual reader board component of the sign with an Electronic Message Board component. The existing monument sign is located toward the northwest corner of the site. The applicant proposes to reuse the existing 45 SF (4.5 -foot by 10 -foot) monument sign, by replacing the manual reader board portion of the sign with 16 square feet of viewable Electronic Message Board (EMB). Based on the maximum EMB percentage allowed (30%), a 45 square foot monument sign is allowed up to a 13.5 square foot EMB component. Therefore, the proposed 16 square foot EMB component (35.5%) would be in excess of the maximum allowed by the Zoning Ordinance. Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 16 An additional major variation requested would allow the EMB monument sign to be located approximately 85 -feet from the nearest residence, a single-family residence at 1319 E. Oakton Street, 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 90 -feet from the nearest single family residence to the west at 1616 Ash Street. 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 variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The sign variations would be 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. This condition shall not be interpreted to prevent the use of the sign for noncommercial messages or announcements. 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 portion of the 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 sign variances. The City Council has the final authority on the project. A motion was made by Board Member Szabo, seconded by Board Member Hofherr, to recommend approval to City Council as presented with conditions as noted by Staff. AYES: Szabo, Hofherr, Catalano, Saletnik, Schell, Porada, Seegers, NAYES: None * * *MOTION CARRIED UNANIMOUSLY * * Case #14-050-V 710 S. Second Avenue Case #14 -081 -CU 683 Wolf Road Case #14-082-V 130 E. Thacker Street Case #14-083-V 405 S. Des Plaines River Road Case #14-084-V 1313 E. Oakton Street November 25, 2014 Page 17 ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Porada, to adjourn the meeting at 8:30 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners