06/28/2011DES PLAINES ZONING BOARD OF APPEALS
JUNE 28, 2011
MINUTES
The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, June 28,
2011, at 7:35 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD OF APPEALS
PRESENT: Catalano, Porada, Saletnik, Szabo
ABSENT: Holbert, Seegers
Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development.
Acting Chairman Szabo called the meeting to order at 7:37 P.M.
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to approve the
minutes of the May 31, 2011, hearing.
AYES: Catalano, Porada, Saletnik, Szabo
NAYES: None
MOTION CARRIED
Case Number: 11-024 - CU
Address: 655 Seegers
Petitioner: Patricia L. Smith, 622 E. Northwest Highway, Des Plaines, IL 60016
Owner(s): Patricia and Shirlee Smith, 622 E. Northwest Highway, Des Plaines, IL 60016
Request: The petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998
Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Contractor's
Storage Yard and Commercial Truck Parking Lot in the M-2 District.
Petitioner, Patricia Smith, was present and was sworn in. Daniel J. Dowd, attorney for Petitioner was also present
Board Member Porada made a disclaimer as he was well acquainted with Attorney Dowd having worked with him
at one time, and that it would not sway him in either direction. He also disclosed that the City's initial plan was to
allow the use as a Citywide text amendment. Further, he did not speak out against the Smiths in what they wanted
to do with their property, he only voiced his opinion against the Citywide text amendment at the Plan Commission
April 2011 meeting. He was going to recuse himself, but decided against that since he has no preconceived notions
about the use of the property and would be fair.
Acting Chairman Szabo stated that he was also at the Plan Commission meeting in April 2011, and he had also
spoken about the Citywide text amendment. He also felt that he could be fair at this hearing.
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 2
Attorney Dowd, stated he represented the Petitioner and Owners of the property. He gave the background of the
company and the current use of the property for storage of vehicles, parts, and equipment relative to their business.
He further described the surrounding land uses and areas along with a description of the property lot. The business
has fallen on hard times and is seeking permission to create 48 parking spaces (oversized) for contractor -type
equipment and vehicles.
Ms. Smith lives on Ardmore Road in Des Plaines about a mile from the business. She also gave a background of the
business. She and her sister took over the business when their father died. Approximately 8 years ago, their
property was condemned. They looked for and purchased the property in Des Plaines, which had lain vacant for 10
years before they purchased the property. She and her sister, Shirlee, have put in a lot of money to improve the
property, and currently have 20 employees. Their core business was dump trailers, salt spreaders, etc. Now they
have installed a unit that washes residential cans. They are allowed to store all the vehicles they presently have on
the property, including 50 van bodies. They went through the proceeding in front of the Plan Commission to obtain
permission for a Citywide text amendment Then, to the City Council to obtain special use, and were now in front
of the Zoning Board of Appeals. The facility rents space to contractors.
Attorney Dowd reviewed all the uses and types of operation allowed on their property through the M-2 zoning.
Board Member Porada stated that all the uses named by Attorney Dowd in M-2 were allowed without having to
obtain a special use permit. The property is zoned as C-3 at the 622 E Northwest Highway (their principal business
location). Changing M-2 to C-3 is, however, more restrictive for the property at 655 Seegers Road. He asked the
Petitioner if she was aware of the Seven Standards for Conditional Uses. Attorney Dowd stated they were as the
conditions were listed in Mr. Mangum's Staff Report.
Acting Chairman Szabo called for the staff report to be read by Scott Mangum.
Issue: The petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize the operation of a Contractor's Storage Yard and Commercial Truck Parking
Lot in the M-2 District.
Analysis:
Proposed Use Contractor's Storage Yard and Commercial Truck Parking Lot
Petitioner Patricia L. Smith, 622 E. Northwest Highway, Des Plaines, IL 60016
Owner Patricia and Shirlee Smith, 622 E. Northwest Highway,
Des Plaines, IL 60016
Plan of Operation
Parking for Trade Contractors, tractors (trucks), dump trailers, van trailers,
platform deck trailers, boats, and RV's on a fenced, paved lot.
Existing Use
Vacant Lot
Surrounding Land Use
North: Single Family Residential
East: Townhome Residential
South: Townhome Residential
West: Commercial (R.G. Smith)
Existing Zoning
M-2, General Manufacturing
Surrounding Zoning
North: R-1, Single -Family Residential
East: R-3, Townhome Residential
South: R-3, Townhome Residential
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 3
West: G3, General Commercial
Street Classification Seegers Road is identified as a local road in the Comprehensive Plan.
Comprehensive Plan The Comprehensive Plan recommends a Low Density Residential use for the
existing site.
Background Information
The property owner was cited for posting a sign advertising Truck Parking for a property in an M-2 Zoning District.
In subsequent conversations with the property owner, the potential use(s) of interest were commercial truck parking
and contractor's yard storage. As neither of these uses was clearly addressed in the Zoning Ordinance, the property
owner was advised that a Text Amendment to the Zoning Ordinance would be required to allow the proposed uses.
While the Zoning Ordinance permits a commercial parking lot in the C-3 and C-5 Zoning Districts, there is no
equivalent principal use for heavier vehicles or trucks within the Manufacturing Districts Use Matrix. Trade
Contractor is listed as a permitted use in the M-2 District, however, the trade contractor definition references
commercial space such as an office or showroom as opposed to the proposed Contractor's Storage Yard use that
does not include an associated office or building.
The applicant subsequently requested a Text Amendment which the City Council approved as Ordinance Z-12-11 on
May 2, 2011. The attached Ordinance allows property owners in the M-2 Zoning District to apply for a Conditional
Use Permit to allow a Contractor's Storage Yard or a Commercial Truck Parking Lot
Current Conditional Use Permit Request
Pursuant to the amended Manufacturing District Use Matrix, the applicant has requested a Conditional Use Permit to
allow operation of a Contractor's Storage Yard and Commercial Truck Parking Lot at 655 Seegers Road. The
irregularly shaped, approximately 65,587 square foot, 1.55 acre, parcel has 367' of frontage on Seegers Road. The
parcel includes a 30' -wide vehicular easement known as Hanbury Drive, which provides access to the site as well as
to the Concord Commons Townhome development to the south.
The applicant proposes to create a total of 48 oversized parking spaces along the North and South property lines,
with an interior area reserved for smaller vehicles such as RV's, campers, and boats. The applicant states that many
of the businesses renting space would be seasonal businesses operating from April to November.
Staff has incorporated conditions of approval to address operational requirements and potential adverse impacts on
neighboring properties.
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: Contractor's Storage Yard and Commercial Truck Parking Lots are conditional uses in M-2, General
Manufacturing Zoning District, as specified in Table 7.4.1, Manufacturing Districts Use Matrix, 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 proposed uses do not comply with the 2007 Comprehensive Plan, which recommends a low-density
residential use for this site. However, the current M-2 zoning allows for the uses with a Conditional Use Permit.
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 4
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 surrounding area is a combination of single-family residential, multi -family residential,
manufacturing, and commercial uses. The proposed uses are more intensive than the adjacent townhome residential,
as well as the single family residential located across Seegers Road. Conditions of Approval are proposed to limit
the impact of the operations.
D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses:
Comment: Conditions of approval relating to noise, hours of operation, screening, and odor may minimize potential
impacts that could be hazardous or disturbing to the surrounding neighborhood.
E. The proposed conditional use is to be served adequately by essential public facilities and services, such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools; or, agencies responsible for establishing the conditional use shall provide adequately any such
services:
Comment: After reviewing the petitioner's plans, the proposed conditional use would be served adequately by
essential public facilities and it would not overburden existing public services.
F. The proposed conditional use does not create excessive additional requirements at public expense for
public facilities and services and will not be detrimental to the economic well-being of the entire community:
Comment: The proposed conditional use would appear to have adequate public facilities, it would not create a
burden on public facilities nor would it be a detriment to the economic well being of the community.
G. The proposed conditional use does not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or the general welfare by
reason of excessive production of traffic, noise, smoke fumes, glare or odors:
Comment: Conditions of Approval are proposed to minimize the impacts of the proposed uses and limit additional
traffic, noise, or odors that could be detrimental to surrounding land uses.
H. The proposed conditional use provides vehicular access to the property designed so that it does not create
an interference with traffic on surrounding public thoroughfares:
Comment: The proposed uses would not alter existing access to the site via an entrance gate on Hanbury Drive that
is to be accessed via Seegers Road. Seegers Road currently handles truck and large vehicle traffic.
I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or
historic features of major importance:
Comment: The proposed uses would be located on an existing paved vacant lot. The proposed plan would not cause
the destruction, loss, or damage of any natural, scenic or historic features of major importance. Conditions of
approval require the addition of a landscape buffer adjacent to residential properties.
J. The proposed conditional use complies with all additional regulations in the Zoning Ordinance specific to
the conditional use requested:
Comment: It appears that the proposed conditional use complies with all additional regulations within the Zoning
Ordinance.
Recommendation: The Community Development Department recommends approval of the conditional use permit
request for the a Contractor's Storage Yard and Commercial Truck Parking Lot, based on review of the information
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 5
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 the Conditional Use Permit, the applicant shall submit a landscape plan providing a
minimum 5' -wide landscape buffer along the South and East properties lines (adjacent to residential) with
shade trees, a minimum of 2 %" in caliper, planted on an average of 1 tree one per 30' of yard length. The
landscape plan shall also provide for plantings the entire length of the property in front of the existing fence
on Seegers Road. The landscape plan shall also provide for parkway trees at the equivalent of not more
than 40 feet apart along Seegers Road if approved by the Department of Public Works and Engineering.
2. Prior to issuance of the Conditional Use Permit the applicant shall complete the site improvements
indicated on the approved landscape plan or post a cash bond equal to an approved estimate of the total
cost of the improvements provided by third party contractor.
3. Hours of operation shall be limited to Monday -Saturday 7:OOam-5:30pm.
4. Vehicles shall access Hanbury Drive via Seegers Road.
5. Open storage of yard waste or other odor -causing materials is prohibited.
6. Emission of noxious, objectionable, or annoying odor in such quantities as to be detectable at any point
along a lot boundary is prohibited.
7. Vehicle repair is prohibited on site.
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 a Contractor's Storage Yard and Commercial
Truck Parking Lot in the M-2 zoning district The City Council has the final authority on the project
Attorney Dowd stated that the allowed uses were not under the time restriction as were stated in the conditions of
approval. Mr. Mangum concurred.
Attorney Dowd asked if the commissioners at the meeting on April 11 could have recommended the text amendment
for the proposed uses with a requirement of a conditional use permit..
Mr. Mangum concurred.
Attorney Dowd stated that it could have gone to the Plan Commission and City Council for approval to allow the
text amendment with the conditional use.
Board Member Saletnik stated that the Plan Commission at the time of the April meeting thought that it was the
appropriate way to go due to the feedback comments received at the meeting. Furthermore, the conditions of
approval were not on the agenda for the meeting.
Acting Chairman Szabo stated he understood what the attorney was trying to point out.
Porada stated that he agrees with Board Member Saletnik to the extent that the form of the attorney's questioning
was a bit intense as a cross-examination of Mr. Mangum. Attorney Dowd indicated that at the Plan Commission
meeting in April the text amendment was the only matter introduced before the Plan Commission. However, Mr.
Mangum informed them that they could also consider amending the ordinance to require a conditional use permit.
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 6
Acting Chairman Szabo asked for members of the audience in favor or opposed to the proposal to ask their questions
and give their comments.
Michael Rose of 30 N. 7"' Avenue was sworn in and asked about the operating hours of R.G. Smith on Saturday.
Mr. Mangum stated that R.G. Smith was not proposing to change their hours.
Board Member Porada stated that the document faxed to Mr. Mangum "lot plan for 655 Seegers" showed the hours
of Monday through Friday from 7:00 am — to 5:30 pm, and Saturday from 7:00 am to 5:30 pm, if there is work.
Board Member Szabo stated that the operational hours were for a different entity than the lot.
Mr. Rose asked how the trucks would get to Seegers — by driving past their homes? Acting ChairmanBoard
Member Szabo stated the Petitioner would need to respond, but he explained that big rigs are not permitted in the
residential area. Mr. Mangum stated that the conditional use does not address the route that trucks take to Seegers,
only how they would access Hanbury.
Board Member Porada stated that the Petitioner submitted a lease with the Rules and Regulations for Tenants, and
could put language in the lease specifying which direction the trucks have to take to avoid the residential areas. Ms.
Smith stated that she would absolutely be willing to do this.
Board Member Saletnik stated that trucks are not permitted to drive down Broadway or even Wolf Road. Acting
Chairman Szabo further clarified that if trucks were allowed by the state to drive down certain streets, there was
nothing that the Zoning Board of Appeals could do about it.
Acting Chairman Szabo pointed out that the people at Illinois Brick could not cut through their neighborhood either.
Ms. Smith stated that she only has a few contractors, not the Indy 500.
Mr. Rose stated that at the April meeting, the zoning code requires 8 foot fence at 622 location, however the tallest
fence there is 6'3". Ms. Smith would have liked to have the 8' fence. Board Member Saletnik stated that an 8'
fence would be required for the two adjacent properties which have different zoning. Ms. Smith is not required to
have it.
Acting Chairman Szabo stated they were not addressing the 622 location at the meeting
Mr. Rose stated that the 655 location only has the 6' fence and should have 8' fence.
Mike Levitz, 745 Hanbury, representative of the new Board of Homeowners, was sworn in and asked about the
highly suggested conditions. Acting Chairman Szabo stated that if the ZBA named those conditions then the
petitioner would have to follow them. If they named other conditions in place of them, made changes to them, or in
addition to them, and in the voting process approved the case with those conditions, then the Petitioner must follow
those conditions.
Mr. Levitz also had concerns with semi -trucks being able to enter into Hanbury without jumping curb, driving on
grass, and landscaping. He has concerns as the entrance is only a few feet from the townhouses and there were
children there playing.
Acting Chairman Szabo stated that was an issue he would need to take up with city hall or the police department.
Debra Ann Mack, 733 Hanbury Drive, was sworn in and stated that there were many children in Concord Commons
playing in that area. There have never been semi -trucks driving into Hanbury entrance. She's worried about the
danger to the residents in the area. At this time, she has only seen commercial trucks, but the semi -trucks will not be
able to tum the truck into that entrance and was worried about the danger to residents.
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 7
Board Member Porada first stated that they were not all going to be semi -trucks. He asked if the concern was
having traffic in the townhouse area (western border of the property). Ms. Mack stated it was.
Ray Baldoni, 44 N. 7a' Avenue, was sworn in and wanted clarification of who would be voting on the case. Acting
Chairman Szabo stated their vote was only a recommendation to the City Council. Mr. Baldoni is against the
conditional use and stated it would not be of benefit to the residential area. He's worried that it will become a
dumping lot. Also, putting in 2" diameter trees 30' feet apart is not going to be very much of a screen from the
residents for many years to come. He asked that the Commission consider everyone's concerns.
Board Member Saletnik asked if the semis were going to enter Hanbury drive lot. He was concerned with the
turning radius. Ms. Smith stated that they would install a wide gate. She also pointed out that when they moved in
there, there were squatters living there. 22' trailer with a tractor would be the type of trucks entering that driveway.
Board Member Saletnik asked if they had a gate in the back of the property at 622 Northwest Highway. Mr. Smith
stated she did, but she did not want to have the bigger trucks there. Additionally, the easement they have is a
perpetual easement She points out that the people coming from the townhomes zip down the street without paying
them any attention. Further, they owned and operated their lot and business for years prior to the existence of the
townhomes.
Mr. Mangum stated that the Petitioner could request to have an 8' fence. Board Member Saletnik asked if the
Petitioner would want to put in an 8' fence. Ms. Smith stated that when they moved in they wanted an 8 or 10'
fence, but were told they could only have a 6.5' fence.
Board Member Catalano wanted clarification of accessing Hanbury drive from Seegers. Mr. Mangum stated that the
conditions of approval directed vehicles to enter the gated entrance on Hanbury from Seegers Road.
Porada asked about hours — Monday — Friday 7:00 am to 5:30 pm. Attorney Dowd stated that those were the hours
for the 622 location, not 655. Contractors commonly use the contractors' yard from dawn to dusk and that it was an
unfair request.
Acting Chairman Szabo stated that he agreed with all the conditions except for the 3`a condition. The hours of 7:00
am to 5:30 pm would be unfair and a hindrance to the business.
Board Member Porada stated that conditions 1 and 2 are essentially the same. Both Petitioners on April 4, 2011,
Plan Commission meeting spoke about further enhancing the landscaping and wanting to make it appealing. He also
agreed with Acting Chairman Szabo with respect to condition 3 regarding the hours of operation being unworkable
for the people who would be parking there. He also clarified that the existing 7:00 am ordinance is for construction
activity.
Board Member Saletnik stated that contractors could not create certain decibels of noise at prior to 7:00 am. Mr.
Mangum stated that there were standards and ordinances in place to control the noise level.
Board Member Porada stated that those hours of 7:00 am to 5:30 pm are unworkable and unpractical for the
Petitioners. The better way to handle this, from a noise perspective, is if the Petitioner's tenant starts the truck at
5:00 am in the morning and pulls out is fine. However, if the tenant starts loading scaffolding, etc. throwing stuff
around at 4:00 am in the morning, and then, finally, drives away, then it may be too noisy. However, the 7:00 am
start time is not reasonable for this type of operation.
Acting Chairman Szabo pointed out that the hours needed to be more flexible, i.e., the snow plow driver, who may
start at 3:00 am and be done at 10:30 pm, or Landscapers who, because of the heat, may start at 6:00 am and be done
at 3:30 pm or 7:30 pm depending on weather.
Board Member Porada read a portion of the Rules and Regulations received from the Tenant, which is used in lieu
of a lease, asking the tenant to be considerate of the neighbors.
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 8
Board Member Porada suggested that in regards to condition #4, vehicles entering Hanbury Drive via Seegers, to
put up a sign stating " no truck traffic beyond that point."
Attorney Dowd stated that they were stopped by Des Plaines Public Works in planting landscaping along the
property line on Seegers road because there is a pipe prohibiting any permanent planning. Mr. Mangum stated that
those were conditions that would have to be approved by Public Works and Engineering.
Mr. Saletnik stated that there were other vegetation choices they could plant instead of the trees. Ms. Smith stated
they would be willing to do whatever type of landscaping the City would approve.
Mr. Rose stated that when they first wanted to get in there, Ms. Smith stated there would not be running trucks.
Board Member Porada asked running as in driving or sitting in idle. Acting Chairman Szabo interjected as that was
not in regards to the property in question.
Board Member Porada stated that at the Plan Commission meeting on April 4, 2011, a Commissioner brought up
vehicle parking overnight with "spoils" (waste material) within it, which is covered by condition #6. His concern is
with the wording "open." Ms. Smith stated there would be no dumping on their property, further if the load was still
in the truck, it would need to be tarped. Furthermore, it would be most unusual as most of the time the trucks would
have already dumped their load.
Acting Chairman Szabo states that conditions 5 and 7 are fine the way they are. Board Member Saletnik concurred.
Acting Chairman Szabo commented that the condition #3 should be 5:30 am to 7:00 pm.
Ms. Smith stated she could not commit to the hours of operation since snow-plows go out whenever they need to get
out
Board Member Porada stated that the suggested and preferred hours were Monday — Saturday between 6:00 am and
6:00 pm, and that at all other times the Petitioner and tenants shall adhere and comply to be in compliance with the
existing noise ordinance.
Acting Chairman Szabo asked about the noise ordinance. Mr. Mangum stated the Zoning Performance Standards
are even more restrictive. There could be no noise detected off the property except for vehicular noise.
Board Member Saletnik stated that if obnoxious and nuisance noise occurs, then the City should be able to come
down on the Petitioner.
Acting Chainnan Szabo stated they should put it in so the Petitioner and neighbors know.
Mr. Baldoni stated that the staff recommended those hours. Acting Chairman Szabo stated that they can take that
recommendation as is, change them, add to them, or not use those conditions.
Board Member Saletnik asked about the fencing on Seegers road. Board Member Porada asked how long it had
been since it was installed. Ms. Smith stated they put it in 7 years ago. Board Member Saletnik stated that the
Council needed to do their due diligence and have them put up a higher fence.
Acting Chainnan Szabo stated that the Zoning Board of Appeals could put that in the conditions.
Attorney Dowd pointed out that it would not be that much of a difference in height and that it would be an additional
expense and burden to the Petitioner.
Mr. Rose stated that he did not understand that the Petitioner wanted to put in an 8' fence originally, but the city told
her 6'.
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 9
The memo dated 3/24/03, from William Schneider, Jr., to Alderman Don Smith, RE: Request for Resident Meeting
regarding the "Old Chrysler Dealer." `By the zoning code, we would require an 8' fence along the length of Seegers
road, and Ms. Smith has already planned for this in the attached site Plan."
Acting Chairman Szabo stated he wanted Des Plaines to be business friendly and he did not want to put the onus on
the petitioner to put in another fence, a taller fence, especially since the Petitioner is in compliance with the current
ordinance.
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to recommend Conditional
Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the
operation of a Contractor's Storage Yard and Commercial Truck Parking Lot in the M-2 District.
1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a landscape plan providing a
minimum 5' -wide landscape buffer along the South and East properties lines (adjacent to residential) with
shade trees, a minimum of 2 %" in caliper, planted on an average of 1 tree one per 30' of yard length. The
landscape plan shall also provide for plantings the entire length of the property in front of the existing fence
on Seegers Road. The landscape plan shall also provide for parkway trees at the equivalent of not more
than 40 feet apart along Seegers Road if approved by the Department of Public Works and Engineering.
2. Prior to issuance of the Conditional Use Permit the applicant shall complete the site improvements
indicated on the approved landscape plan or post a cash bond equal to an approved estimate of the total
cost of the improvements provided by third party contractor.
3. The suggested and preferred Hours of operation are Monday -Saturday 5:30 am to 7:00 pm. At all other
times the Petitioner and its tenants shall comply with the existing noise ordinance(s).
4. Vehicles shall access Hanbury Drive via Seegers Road.
5. Open storage of yard waste or other odor -causing materials is prohibited.
6. Emission of noxious, objectionable, or annoying odor in such quantities as to be detectable at any point
along a lot boundary is prohibited.
7. Vehicle repair is prohibited on site.
8. To minimize adverse visual consequence to the adjacent residential properties, Petitioner shall install an 8'
fence on Seegers Road.
AYES: Catalano, Saletnik, Szabo
NAYS: Porada
The motion failed and a new motion entered below.
A motion was made by Board Member Porada, seconded by Board Member Saletnik, with the following conditions
to recommend Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as
amended, to authorize the operation of a Contractor's Storage Yard and Commercial Truck Parking Lot in the M-2
District.
1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a landscape plan providing a
minimum 5' -wide landscape buffer along the South and East properties lines (adjacent to residential) with
shade trees, a minimum of 2 %" in caliper, planted on an average of 1 tree one per 30' of yard length. The
Case #11-024 - CU — 655 Seegers
June 28, 2011
Page 10
landscape plan shall also provide for plantings the entire length of the property in front of the existing fence
on Seegers Road. The landscape plan shall also provide for parkway trees at the equivalent of not more
than 40 feet apart along Seegers Road if approved by the Department of Public Works and Engineering.
2. Prior to issuance of the Conditional Use Permit the applicant shall complete the site improvements
indicated on the approved landscape plan or post a cash bond equal to an approved estimate of the total
cost of the improvements provided by third party contractor.
3. The suggested and preferred Hours of operation are Monday -Saturday 5:30 am to 7:00 pm. At all other
times the Petitioner and its tenants shall comply with the existing noise ordinance(s).
4. Vehicles shall access Hanbury Drive via Seegers Road. A sign stating "No Trucks Past this Point' shall be
erected at the southern border of the Petitioner's property (for southbound traffic).
5. Open storage of yard waste or other odor -causing materials is prohibited.
6. Emission of noxious, objectionable, or annoying odor in such quantities as to be detectable at any point
along a lot boundary is prohibited.
7. Vehicle repair is prohibited on site.
8. To minimize adverse visual consequence to the adjacent residential properties, Petitioner shall install an 8'
fence on Seegers Road.
AYES: Catalano, Porada, Saletnik, Szabo
NAYS:
MOTION CARRIED
The meeting was adjourned at 10:10 p.m. by unanimous voice vote. The next meeting of the Des Plaines Zoning
Board of Appeals is on Tuesday, July 12, 2011.
Sincerely,
James Szabo, Acting Chairman
Des Plaines Zoning Board of Appeals
cc: City Officials
Aldermen
Zoning Board of Appeals