07/10/2018Case #18-052-CU 1523 E. Oakton – Conditional Use Permit
Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned
Unit Development & Final Plat of Subdivision
July 10, 2018
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
JULY 10, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
July 10, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
Chairman Szabo called the meeting to order at 7:03 p.m. and read this evening’s cases.
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Bader, to approve the
minutes of June 26, 2018, as presented.
AYES: Hofherr, Bader, Catalano, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised Board Member Schell would be joining the meeting via speakerphone.
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to allow Board
Member Schell to join the meeting remotely.
AYES: Hofherr, Catalano, Bader, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Roll call was conducted. Board Member Schell joined the meeting remotely.
PRESENT: Bader, Catalano, Hofherr, Saletnik, Schell (remotely), Szabo
ABSENT: Fowler
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
Gale Cerabona/Recording Secretary
Case #18-052-CU 1523 E. Oakton – Conditional Use Permit
Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned
Unit Development & Final Plat of Subdivision
July 10, 2018
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PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
1. Address: 1523 E. Oakton Street Case 18-052-CU
The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998 Des
Plaines Zoning Ordinance, as amended, to operate a food processing establishment (a catering
business) in the C-3 General Commercial District.
PIN: 09-29-208-002-0000
Petitioner: Nour Eldeen Masri & Mohammad Aruri, 1264 Campbell Avenue, Des Plaines, IL 60016
Owner: Grace Golabek, 1523 E. Oakton Street, Des Plaines, IL 60018
Chairman Szabo swore in Mr. Nour Eldeen Masri, 1264 Campbell Avenue, Des Plaines, IL, & Mr.
Moawya Masri.
Mr. Masri advised he has been in the restaurant business for over 25 years with a specialty in
catering. He has lived in Des Plaines for 22 years and has been seeking an establishment to serve
Mediterranean cuisine.
Board Member Catalano asked:
• a Condition is to maintain the parking lease for as long as the catering business is located
at the subject property. How will that happen? Senior Planner Bye stated – the City would
not necessarily actively monitor this; however, if there was a parking issue or concern, we
would confirm that the parking lease agreement is still in place.
• with 30 days’ notice, if the parking lease agreement could be terminated. Mr. Masri stated
– he knows the mechanic personally and he doesn’t mind sharing parking; an agreement
and payment have been made.
Board Member Catalano stated the parking lease agreement could be canceled after 1
week. Mr. Masri stated he prefers this space, and paperwork has been generated. If
something happens, he advised he would obtain another space. He hopes to grow his
business.
• where the 3 employees will park. Mr. Masri stated – there will only be 1 car; employees
can carpool
Chairman Szabo swore in Grace Golabek, 1523 E. Oakton Street, Des Plaines, IL (the property
owner). He then asked:
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Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned
Unit Development & Final Plat of Subdivision
July 10, 2018
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• how long the previous catering business was there and if it had carry-out. Ms. Golabek
advised – some likely picked up. The property is 800 ft.; it needs to be rented out. The
previous catering business was there for over 20 years and left in 2015.
• if there were any problems with the previous business. Ms. Golabek advised – no.
Chairman Szabo asked if the Board has any questions. There were none. He asked Staff to provide
the Staff Report. Senior Planner Bye asked Petitioner if customers could walk up to the window
to place individual orders to-go, as if a restaurant. Mr. Masri stated the busiest time for pick-up is
from 5 a.m.-1 p.m.; orders are called in 1-2 days prior. He stated that this is catering only, with
orders placed in advance and no walk-up orders.
Board Member Saletnik arrived at 7:21 p.m. Senior Planner Bye presented the Staff Report:
Issue: The petitioner is requesting a Conditional Use Permit under Section 12-7-3(F)3 of the 1998
Des Plaines Zoning Ordinance, as amended, to operate a food processing establishment (a
catering business) in the C-3 General Commercial District.
Analysis:
Address: 1523 E. Oakton Street
Owners: Grace Golabek, 1523 E. Oakton Street, Des Plaines, IL 60018
Petitioners: Nour Eldeen Masri & Mohammad Aruri, 1264 Campbell Avenue,
Des Plaines, IL 60016
Case Number: 18-052-CU
Real Estate Index Number: 09-29-208-002-0000
Ward: #2, Alderman John Robinson
Existing Zoning: C-3 General Commercial
Existing Land Use: Commercial
Surrounding Zoning: North: C-3 General Commercial
South: R-1 Single-Family Residential
East: C-3 General Commercial
West: C-3 General Commercial
Surrounding Land Use: North: Commercial
South: Residential (single-family)
East: Commercial
West: Commercial
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Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned
Unit Development & Final Plat of Subdivision
July 10, 2018
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Street Classification: Oakton Street is a collector street
Comprehensive Plan: The Comprehensive Plan designates the site as Mixed Use – Low
Density
Project Description: The petitioners, Nour Eldeen Masri and Mohammad Aruri, are
requesting a Conditional Use Permit in order to operate a
catering business at 1523 E. Oakton Street. The roughly 700
square-foot tenant space is located in the front of the building
facing Oakton Street and was previously occupied by a catering
business that left in 2015 after more than two decades there. The
proposed new catering business, Nour’s Kabab Catering, will be
open from 9:00am to 10:00pm daily and will serve Middle
Eastern food for pickup and delivery. There will be three
employees.
Staff would like clarification from the petitioners on how the
pickup window will be used. As this is a catering operation,
customers may not pick up individual meals from the storefront
(i.e., “walk-up” customers are not permitted). Though a
restaurant use is permitted in this zoning district, the expansion
of the use beyond typical catering would spur the need for a
parking variation (see next paragraph) and potentially public
restrooms.
There are no on-site parking spaces available on the subject
property. As the building was previously utilized by a catering
business at the time the current Zoning Ordinance was
established, no parking spaces are required per Section 12-9-2(D)
of the code. The petitioners do have a lease agreement for one
parking space across the street at 1580 S. Cora Street (an auto
repair facility; see Attachment 8). Staff will request as a condition
that a parking lease agreement for a minimum of one legal
parking space remain in effect as long as Nour’s Kabab Catering
is operating from the subject property.
Per the City’s Sanitarian, the applicants must confirm, in writing,
that they have read the food service construction provisions
provided to them and agree to comply with those standards. The
Sanitarian has also stated that no public seating or eating is
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Unit Development & Final Plat of Subdivision
July 10, 2018
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permitted on premises due to the fact that there are no ADA-
approved washrooms.
Conditional Use Findings: Conditional Use requests are subject to the standards set forth in
Section 12-3-4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing
these standards, staff has the following comments:
A. The proposed Conditional Use is in fact a Conditional Use established within the specific
Zoning district involved:
Comment: A Food Processing Establishment is a Conditional Use, as specified in Section 12-7-3(K)
of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-3 General
Commercial District.
B. The proposed Conditional Use is in accordance with the objectives of the City’s
Comprehensive Plan:
Comment: The proposed use of the site is Mixed Use – Low Density. These are areas containing
a mix of uses within the same building, such as retail, office, entertainment and residential. These
areas are intended to be developed with reduced height and density allowances to maintain
compatibility with adjacent single-family residential neighborhoods. The building is currently
mixed-use, as there is an occupied residential unit in the rear and the commercial space (proposed
for the catering business) at the front. The mix of current and proposed uses meets the intent of
the City’s Comprehensive Plan. Additionally, there are no proposed changes to the building
footprint or height; the two-story structure is proposed to remain as-is.
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 building and site have already been developed. No changes are proposed for the
exterior of the building; the petitioner simply seeks to operate a catering business from the
existing tenant space. The existing two-story brick building fits well within not only the
commercial corridor, but also the single-family residential neighborhood to the south.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: The proposed catering business is not hazardous or disturbing to the neighboring uses.
No changes to the building or site are proposed as part of the request. Additionally, while there
are no on-site parking spaces available, the petitioners will lease one parking space from a nearby
commercial property. Staff recommends that a condition of approval be that the parking lease
agreement remain in effect while Nour’s Kabab Catering operates from the subject property.
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Unit Development & Final Plat of Subdivision
July 10, 2018
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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: The building is adequately served by essential public facilities and services. The
petitioners have been working with the City’s Sanitarian to ensure that all necessary
improvements will be in place in order to operate a catering business.
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 catering business would not create a burden on public facilities nor
would it be a detriment to the economic well-being of the community. There is no anticipated
increase in demand for public facilities as a result of the catering business.
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 catering business is not anticipated to create additional traffic beyond
that of the catering business that had previously operated from the space. Additionally, the
petitioners have leased a parking space from a nearby business to ensure that there is always a
parking space for at least one vehicle associated with the business, so that valuable street parking
is not used.
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 catering business will not create an interference with traffic on
surrounding public thoroughfares.
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 catering business would not cause the destruction, loss, or damage of
any natural, scenic or historic features of major importance. The building and site have already
been developed; no changes are proposed to the exterior of the building or the site.
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J. The proposed Conditional Use complies with all additional regulations in the Zoning
Ordinance specific to the Conditional Use requested:
Comment: The proposed catering business meets all other requirements of the Zoning Code. No
variations or additional actions are requested beyond the Conditional Use Permit. Though there
are no on-site parking spaces, none are required to be provided as the site was established prior
to the current Zoning Ordinance (see Section 12-9-2(D) of the code).
Recommendation: I recommend approval of the Conditional Use Permit for a catering business
at 1523 E. Oakton Street, based on a review of the information presented by the findings made
above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines
Zoning Ordinance, subject to the following conditions: applicant and
Conditions of Approval:
1. The parking lease agreement for one (1) parking space be maintained as long as
Nour’s Kabab Catering is operating from the subject property.
2. The applicants confirm in writing that they have read the food service construction
provisions provided to them and agree to comply with those standards.
3. No public seating or eating is permitted on premises due to the fact that there are no
ADA-approved washrooms.
Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and
Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the
authority to recommend that the City Council approve, approve subject to conditions, or deny the
Conditional Use Permit for a catering business at 1523 E. Oakton Street. The City Council has final
authority on the proposal.
Board Member Catalano asked if Petitioner has any concerns with Staff’s Conditions. Mr. Masri
advised – no.
Chairman Szabo stated the parking lease agreement should be provided to City Council. Senior
Planner Bye stated a copy of the lease had been provided.
Chairman Szabo asked if anyone in the audience is in favor of this proposal – 1 person raised his
hand. He asked if anyone is against this proposal. No one responded.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend
approval to City Council with Conditions as presented by Staff.
AYES: Catalano, Hofherr, Bader, Saletnik, Schell, Szabo
NAYES: None
Case #18-052-CU 1523 E. Oakton – Conditional Use Permit
Case #18-056-SUB-PUD 150 N. East River Road – Amendments to a Planned
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July 10, 2018
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***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
2. Address: 150 N. East River Road Case 18-056-SUB-PUD
The petitioner is requesting amendments to Ordinance Z-11-17 approving a Final Planned Unit
Development (PUD) and a Plat of Subdivision permitting the construction of a four-story, 236-unit
apartment building at 150 N. East River Road.
PIN: 09-09-402-012-0000; 09-09-402-009-0000
Petitioner: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue, Suite 500, Clayton,
MO 62105
Owner: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue, Suite 500, Clayton,
MO 62105
Chairman Szabo swore in Josh Terpstra, P.E., Project Manager, Haeger Engineering LLC, 100 E.
State Parkway, Schaumburg, IL; Brian Kennedy, Vice President & Matt Limpert, Assistant Project
Manager, Covington Realty Partners, 135 N. Meramec Avenue, 5th floor, St. Louis, MO.
Mr. Terpstra offered a PowerPoint presentation and stated his company is the Civil Engineer &
Land Surveyor for the project. He advised a Cook County review required changes and noted the
following:
• entrance is moved to the north end (based on traffic study, etc.)
• site plan has been updated to show the area east of the building as modified as a result
of the entrance change; the building, number of units, etc. remains the same
• there are now two fire pits shown on the site plan
• new left and right-turn lanes were added
• right-of-way strip was added on N. East River Road
• storm water has updates as well
• regarding Golf Road access and vacant lot to the south, it was previously noted there
would be a future potential access. Now a definite access has been added, per the
request of the Community and Economic Development and Public Works and
Engineering Departments. IDOT has approved same. Pavement will be removed and
upgraded.
Cook County staff has reviewed, approved, and issued a permit for the site as proposed. Mr.
Terpstra advised the developer intends the above to be completed prior to occupancy.
Board Member Hofherr asked/stated:
Case #18-052-CU 1523 E. Oakton – Conditional Use Permit
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• regarding the access road onto Golf Road, there will be a westbound entrance and exit.
The concern is emergency vehicles entering during rush hour. Can they access the road
off of Golf? Mr. Terpstra advised – they should turn north on River Road and west on Golf
Road. Road widening will occur and be sized for emergency vehicles, per IDOT (26 ft. wide
per Fire Department).
• On East River Road, north of the entrance, will there be traffic control (at NE corner of
site)? Traffic going south on River Road is bumper-to-bumper at peak times. The entrance
ramp will be blocked. Mr. Terpstra stated a stop sign is not warranted though a sign could
be placed stating Do No Block Intersection.
• Cook County is likely not familiar with this area. Mr. Terpstra stated – they are aware and
have visited and observed the area many times. Board Member Bader stated he believes
the stoplights have already been adjusted; it is much improved. Mr. Terpstra stated a
signal modification plan is in place. Mr. Limpert stated the loop system has been shut-
off. Mr. Terpstra stated County staff advised this is an improvement based on this
entrance location.
Chairman Szabo asked if the Board has any questions. He stated he has a concern about the bike
path and equestrian trail and asked if there will be any signage as it is being used more and more.
Mr. Terpstra stated a bridge might go in near the railroad crossing.
Chairman Szabo asked Staff to provide the Staff Report that Senior Planner Bye did:
Issue: The petitioner is requesting amendments to Ordinance Z-11-17 approving a Final Planned
Unit Development (PUD) and a Plat of Subdivision permitting the construction of a four-story,
236-unit apartment building at 150 N. East River Road.
Analysis:
Planned Unit Development Amendment Report
Address: 150 N. East River Road
Owners: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue,
Suite 500, Clayton, MO 62105
Petitioner: Vanguard Des Plaines Apartments, LP, 135 N. Meramec Avenue,
Suite 500, Clayton, MO 62105
Case Number: 18-056-SUB-PUD
Real Estate Index Numbers: 09-09-402-012-0000; 09-09-402-009-0000
Ward: #1, Alderman Mark Lysakowski
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Existing Zoning R-3 Townhouse Residential
Existing Land Use Formerly a single-family home on the north parcel and office
building on the south parcel, which have both been torn down;
asphalt from the office parking lot remains
Surrounding Zoning North: R-3 Townhouse Residential
South: R-3 Townhouse Residential
East: R-3 Townhouse Residential
West: Cook County Forest Preserve
Surrounding Land Use North: Townhomes
South: Vacant
East: Single-family residential; Tristate off-ramp
West: Cook County Forest Preserve
Street Classification The Comprehensive Plan designates East River Road as a
collector street
Comprehensive Plan High Density Mixed-Use is the recommended use of the property
Project Description The petitioner and property owner, Vanguard Des Plaines
Apartments, LP, proposes amendments to Ordinance Z-11-17
approving a Planned Unit Development (PUD) and Plat of
Subdivision for a four-story, 236-unit apartment building at 150
N. East River Road. The PUD and Plat of Subdivision were
approved by the City Council on May 1, 2017. The development
was originally approved with the site entrance located in the
middle of the property, directly adjacent to the I-294 off-ramp.
However, as a result of requested changes from the Cook County
DOT, the site entrance has been moved to the north part of the
site (see Attachment 6). This constitutes a major change to the
approved PUD, which requires City Council review and approval.
The new access point maintains one ingress lane and two egress
lanes, the same amount of lanes as previously approved. A
proposed northbound left turn lane has been added within the
existing striped median in the adjacent East River Road right-of-
way in order to provide a dedicated turn lane for vehicles
entering the site. Additionally, the Cook County DOT required
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July 10, 2018
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that the new plan remove the western leg of the existing
signalized intersection at the I-294 off-ramp.
Note that overall, the major characteristics of the site and
building have not been altered. The proposed building location,
square footage, height, elevations, unit count, unit mix, parking
garage, and the majority of landscaping all remain the same as
what was previously submitted and approved. However, minor
changes to the interior of the site have resulted from the change
to the entrance, including:
• The total number of parking spaces has been reduced
from 480 to 478. While the parking garage remains the
same, the surface parking has been altered as a result of
the site entrance change. With 236 units, 472 parking
spaces are required per code (two parking spaces per
dwelling unit). Overall, the development still has more
parking than required by code, even with the loss of the
two surface parking spaces.
• The internal drive aisle east of the building has been
modified to work with the new East River Road entrance
location. This includes an updated drop-off area feature
at the main building entrance.
• The proposed sidewalks east of the building have been
modified to work with the new entrance location. This
includes new crosswalks and new sidewalk connections
to the proposed multi-use path running along the east
property line, which has also been updated to work with
the new entrance location.
• The proposed grading, utilities, stormwater
management, and pavement designs for areas east of
the building have been updated to reflect the new site
plan.
• The proposed pool area has been revised to be
consistent with current regulations.
It should also be noted that the PUD was originally approved at a
density of one dwelling unit per every 1,376 square feet of lot
area (236 units on a lot of 324,514 square feet/7.44982 acres),
when 2,800 square feet of lot area is required per dwelling unit
in the R-3 zoning district. As a result of Cook County requiring
additional right-of-way dedication, the total land area has been
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reduced to 323,334 square feet (7.42274 acres). As the number
of units has stayed the same, an additional PUD amendment
requested is a reduction to 1,370 square feet of lot area per
dwelling unit.
Finally, with the change in the entrance on East River Road, the
Community and Economic Development and Public Works and
Engineering Departments have requested a second form of
ingress and egress for the site. This has been identified for Golf
Road, through Lot 3, which is to be developed by others. Staff is
requesting that a connecting road from Golf Road to the subject
property be constructed prior to occupancy of the apartment
building. This is a proposed condition of approval. Note that IDOT
will require Gold Road to be widened in order to accommodate
the site entrance.
Final Plat Report
Name of Subdivision: Covington Lexington Woods
Address: 150 N. East River Road
Request: Approval of a Final Plat of Subdivision
Total Acreage of Subdivision: 7.42 acres
Lot Descriptions and Construction Plans: The petitioner’s Final Plat of Subdivision shows the
existing two lots (Lots 1 and 2) being combined into one lot (Lot 1). Additionally, the Final Plat
Subdivision shows the following:
• Ingress-egress easement
• Public water main easements
• Easement for a public multi-use path
• Land dedicated to the Cook County Highway Department for public right-of-way purposes
• Sanitary sewer and lift station easement
• Provisions for a blanket public utility easement
Final Plat Comments:
1. A cross access easement agreement between the subject property owner and the owner of
Lot 3 to the south (First American), for access to Golf Road from the subject property, be
recorded prior to the recording of the Final Plat of Subdivision.
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2. All signature blocks on the Final Plat of Subdivision must be accurate per the Des Plaines
Subdivision Plat Blocks document.
Staff Recommendations: I recommend approval of the amendments to Ordinance Z-11-17
approving a PUD and Plat of Subdivision at 150 N. East River Road, subject to the following
conditions:
Conditions of Approval:
1. The two Final Plat Comments listed above be completed and addressed.
2. The entrance off of Golf Road, Golf Road lane widening, and connecting road (with
curb, gutter, and drainage) to the subject property are required to be built prior to
occupancy of the apartment building.
Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to recommend
approval, approval with modifications, or disapproval of the PUD Amendment and Final Plat of
Subdivision for 150 N. East River Road. The City Council has final authority over the request.
Chairman Szabo asked if anyone in the audience is for or against this proposal. No one
responded.
A motion was made by Board Member Catalano, seconded by Board Member Bader, to recommend
approval to City Council with modifications and Conditions as presented.
AYES: Catalano, Bader, Saletnik, Hofherr, Szabo
NAYES: Schell
***MOTION CARRIED 5-1***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
OLD BUSINESS
There was no Old Business.
ADJOURNMENT
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to adjourn the
meeting at 7:49 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
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cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners