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01/13/2015Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 1 b#1 7y OF`Nu 11 11 t --hl DES PLAINES ILLINOIS DES PLAINES ZONING BOARD MEETING JANUARY 13, 2015 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheciul ecu meeting on Tuesday, January 13, 2015, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT`. Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Green ALSO PRESENT`. George Sakas, AICP, Director/Community & Economic Development Scott Mangum, AICD, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:32 p.m. & read this evening's case. APPROVAL OF MINUTES: A motion was made by Board Member Hofherr, seconded by Board Member Schell, to approve the meeting minutes of December 9, 2014, as presented. AYES: Hofherr, Schell, Szabo, Saletnik, Seegers NAYES: None ABSTAIN: Catalano, Green ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 1020 W. Villa Drive Case Number: 14-079-V Petitioner is requesting major variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended to legalize the construction of a 176 square foot car -port addition to an accessory structure (garage) creating an accessory structure of approximately 853 square feet, instead of not greater than 720 square feet, and that is located approximately 6 -inches from the side property line, where a minimum side yard setback of 5 -feet is required, and to legalize the construction of a 169 square foot accessory structure (hot tub enclosure), instead of not greater than 150 square feet, and to allow a building coverage of approximately 30.2 percent, instead of not greater than 30 percent, and to allow three accessory structures, instead of a maximum of two. PIN: 09-19-211-019-0000 Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 2 Petitioner: Mohamed Aqrabwi, 1020 W. Villa Drive, Des Plaines, IL 60016 Owner: Mohamed Aqrabwi, 1020 W. Villa Drive, Des Plaines, IL 60016 Chairman Seegers swore in Mohamed Aqrabwi, 1020 W. Villa Drive, Des Plaines, IL 60016 who stated the hot tub is helpful for his hemiated disc (that was diagnosed on 7/30/12). He reported that a hot tub was installed in error, due to not having a permit. He advised that a surgery is another option to help his medical condition; however, it's risky. He advised that one hour per day in the hot tub is necessary directly followed by stretching the nerve. He stated he brought along his doctor's reports. Mr. Aqrabwi advised that, in the past, water flowed into the garage (following a rain storm). He added a car port and no longer experienced water flooding the garage. Chairman Seegers referred to the hot tub sketch, location, and proximity. Mr. Aqrabwi stated the hot tub enclosure is 5 ft. from the house and at least 10 ft. from the property line on both sides. He continued that the shed is 5 ft. away (a permit was obtained to install the shed). He noted the car port is attached to the garage door and extends toward the property line; 16x11 and 6 ft. away from fence then graduates down to 3 ft. from the neighbor's fence. Permission was asked of the neighbors and granted. He stated the previous neighbor had the same problem. Board Member Hofherr asked: • why the concrete was laid. Mr. Aqrabwi advised — the previous concrete was all cracked. • if there was a permit for the driveway? Petitioner advised — yes • if there was a permit for the shed accessory structure? Mr. Aqrabwi advised — yes • if there was a permit for the hot tub or car port? Mr. Aqrabwi advised — no • if Petitioner is aware the code only allows 3 structures? Mr. Aqrabwi stated he was the one who called the City to inspect the foundation. He advised that Mr. Al Biancalana performed the inspection. He noted that the hot tub enclosure is not for fun — it's for medical reasons. Board Member Catalano asked: • what the inspection was for. Mr. Aqrabwi advised he was considering building an addition and was told by Mr. Biancalana that the foundation had to be inspected. It was, at that time, that Mr. Biancalana noticed the unpermitted structures, advising he must report them. • what the foundation of the hot tub enclosure is. Mr. Aqrabwi advised he was told a 12x12 enclosure was acceptable; he reported he listened to a friend who provided incorrect information. He reported that the home was purchased in 2010, and the concrete was replaced right away over the grass. He noted the hot tub is 1 year old. Mr. Aqrabwi illustrated to Board Members where the concrete is placed and stated the hot tub building was built on the slab. Mr. Aqrabwi provided MRI documentation to Board Members. Chairman Seegers asked if the Board has any further questions. No one responded. 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 legalize the construction of a 176 square foot car -port addition to an accessory structure (garage) creating an accessory structure of approximately 853 square feet, instead of not greater than 720 square feet, and that is located approximately 6 -inches from the side property line, where a minimum side yard setback of 5 -feet is required, and to legalize the construction of a 169 square foot accessory structure Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 3 (hot tub enclosure), instead of not greater than 150 square feet, and to allow a building coverage of approximately 30.2 percent, instead of not greater than 30 percent, and to allow three accessory structures, instead of a maximum of two. Analysis: Address: 1020 W. Villa Drive Existing Zoning: R-1, Single Family Residential District PIN: 09-19-211-019-0000 Petitioner: Mohamed Aqrabwi, 1020 W. Villa Drive, Des Plaines IL, 60016 Owner(s): Mohamed Aqrabwi, 1020 W. Villa Drive, Des Plaines IL, 60016 In reviewing this variation request, staff has considered the following information: The approximately 7,920 square -foot property has 60 feet of frontage on West Villa Drive and is 132 -feet deep. Overall, the lot size is conforming and exceeds both the minimum lot width (55 -feet), and lot size (6,875 square feet) that would be required of a new subdivision. Based on the Plat of Survey and permit records the property is improved with a one-story brick approximately 1,270 square -foot single-family residence with a side driveway, 96 square foot shed, and an approximately 675 square -foot (28 -feet by 24 - feet) rear detached one -car garage. The applicant received a permit to build the shed in September 2010. Variations are requested are to legalize construction of a 176 square -foot carport addition (16 -feet by 11 -feet) to the front of the garage resulting in an 853 square foot accessory structure that is larger than the maximum 720 square feet allowed. The carport is located within the required 5 -foot side -yard setback with the closest post approximately 3 -feet from the south property line and the closest support beam approximately 6 -inches from the property line. Variations are also requested to legalize the construction of a 169 square -foot building (third accessory structure that is larger than the maximum size of 150 square feet) that houses a hot tub. Additionally, the total building coverage of approximately 2,213 square feet (30.2%) exceeds the maximum building coverage allowed (30.0%) by approximately 13 square feet. Based on aerial photography the hot tub enclosure and carport appear to have been constructed in 2011 or 2012. The applicant states a medical need for an enclosed hot tub and previous garage flooding as reasons for the requests. Recommendation: Staff recommends approval of the requested variations for the side -yard setback and size of the primary accessory structure (garage and carport). The property is developed with a one -car garage and construction of the carport to cover a second vehicle does not add any additional impervious surface as it is built over the existing driveway. The location of the existing garage in proximity to the house and angle of the driveway are the reasons for the setback encroachment. However, staff recommends denial of the above -requested variations for the building coverage, size of the hot tub accessory structure, and number of accessory structures (three) 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 property exceeds the minimum lot width and lot size requirements and therefore a hardship or unique physical condition does not appear to exist that would justify the requested variations for building coverage or number of accessory structures. Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 4 Additionally, the third accessory structure that houses the hot tub is more substantial than a typical secondary accessory structure such as a shed or gazebo. 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 disapprove the above-mentioned variations for the side yard setback of the carport accessory structure and percentage of building coverage in the R-1 zoning district. The City Council has the final authority on the major variation requests. Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned variations for size and number of an accessory structures in the R-1 zoning district. Chairman Seegers asked if there are any further questions. Board Member Hofherr asked: • on the car port there's a downspout; where does it empty into? Mr. Aqrabwi advised — on my property on gravel and grass • if the car port has caused a problem for the neighbor. Mr. Aqrabwi advised — no • if plumbing and electric is installed in the hot tub building. Mr. Aqrabwi advised — a garden hose is hooked to a pump, and water goes into the ground. • if it affected the grass. Mr. Aqrabwi advised — no • Staff if the original shed is removed, would lot coverage be adequate. Mr. Mangum advised — that would relieve a couple of variations. The size of the hot tub building and garage/car port still exceed code. Board Member Catalano asked: • regarding Exhibit B, if there is a flat top or gable. Mr. Aqrabwi advised — it's a flat roof • Staff if there is acceptability since it's on a 6 -inch slab. Mr. Mangum advised — plans would need to be submitted for a building permit. Mr. Aqrabwi advised — he believes it is a 6 -inch slab. Board Member Catalano commented that he doubts that would support a building. Board Member Szabo commented: • ignorance of the law is no excuse • it's easier to ask for forgiveness than permission • you are jamming all of this on a small lot, and that is why I will be voting "no" on the entire package A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to deny the variations under Section 3.6.6 Zoning Ordinance for side yard setback and building coverage. AYES: Catalano, Hofherr, Green, Szabo, Saletnik, Schell, Seegers NAYES: None """MOTION CARRIED UNANIMOUSLY* * * Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 5 A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend denial of the variations for the oversized accessary structures and the number of accessory structures under Section 3.6.7 Zoning Ordinance. AYES: Catalano, Hofherr, Green, Szabo, Saletnik, Seegers NAYES: Schell ***MOTION CARRIED *** Chairman Seegers advised the ZBA will provide the above recommendations to City Council. 2. Address: 1383 Prospect Avenue Case Number: 14 -091 -CU Petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to operate an accounting and tax preparation office (Office) in the C-1 Zoning District. PIN: 09-29-228-031-0000,09-29-228-033-0000 Petitioner: Krystyna Skolyszewski, 1383 Prospect Avenue, Des Plaines, IL 60018 Owner: MKM Living Trust, 1383 Prospect Avenue, Des Plaines, IL 60018 Chairman Seegers swore in Krystyna Skolyszewski, 1383 Prospect Avenue, Des Plaines, IL 60018 who stated she is the owner who purchased the building last year. She advised she is an Accountant and Tax Preparer. She noted that because this property is in the commercial zone, she was not advised there would be a problem. Chairman Seegers asked: • if Petitioner is seeking to provide an accounting business. Ms. Skolyszewski advised — yes • if clients come to Petitioner. Ms. Skolyszewski advised — yes, during tax season • if improvements will be made to the property in the backyard to possibly have a parking lot • what the hours of operation are. Ms. Skolyszewski advised -- 10 a.m.-6 p.m. weekdays Board Member Hothen asked/commented: • if the Petitioner is the owner . Ms. Skolyszewski advised — yes, she is the trustee and owns another home • if this was used as a residence. Ms. Skolyszewski advised — no, office. • you may wish to check with City Staff regarding possible parking Board Member Szabo asked: • when the property was purchased. Ms. Skolyszewski advised — last year • if it was a single-family home. Ms. Skolyszewski advised — no, it was a day care center Chairman Seegers asked: • what the adjacent building is. Ms. Skolyszewski advised — a child care center • if this was a day care center at one time. Ms. Skolyszewski advised — yes Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 6 Chairman Seegers asked the Board if there are any further questions. Board Member Hofherr asked: • what the empty lot is to the east; is construction planned? Ms. Skolyszewski advised -- I don't know Chairman Seegers asked Staff to provide the summary report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to operate an accounting and tax preparation office (Office) in the C-1 Zoning District. Analysis: Proposed Use Office (Tax Preparation Office) Petitioner Krystyna Skolyszewski, 1383 Prospect Avenue, Des Plaines, IL 60018 Owner MKM Living Trust, 1383 Prospect Avenue, Des Plaines, IL 60018 PIN 09-29-228-031-0000,09-29-228-033-0000 Plan of Operation Operate an accounting, tax preparation and financial services office with one employee, open Monday -Friday from 9 a.m.-6 p.m. Existing Use Vacant building. Surrounding Land Use North: Townhom es East: Vacant Commercial Properties South: Single Family Residential West: Commercial (Child Care Center) Existing Zoning C-1, Neighborhood Shopping District Surrounding Zoning North: R-3, Townhouse Residential East: C-3, General Commercial South: R-1, Single -Family Residential West: C-1, Neighborhood Shopping Distric Street Classification Prospect Avenue is identified as a local street in the 2007 Comprehensive Plan. Comprehensive Plan The Plan recommends a multi -family residential use for this site The applicant, Krystyna Skolyszewski, for PTA Taxes and Accounting Services, Ltd. has requested a Conditional Use Permit to authorize the operation of an accounting, tax preparation, and financial services office in the C-1, Neighborhood Shopping District. The office use would be open Monday through Friday between the hours of 9 a.m. and 6 p.m. and employ one person at the office location. An office use requires Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 7 a Conditional Use Permit in the C-1 zoning district. The building is currently vacant, but was previously occupied, along with the building to the west, as a Child Care Center. The approximately 1,245 square -foot one-story building with a basement would have four offices and a kitchen on the first floor. The lot is approximately 69' by 125' with a total area of approximately 8,616 square feet. A two -car detached garage is accessed from the alley. The petitioner has requested a waiver of the traffic study. Due to the nature of this request, staff has agreed to waive the traffic study. The small office building is not anticipated to generate a significant amount of traffic. 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: An Office is a conditional use in C-1, Neighborhood Shopping Zoning District, as specified in Section 7.3-4-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 office use conflicts with the 2007 Comprehensive Plan, which recommends a multi -family residential use for this site. However, the current zoning for the property is commercial and the previous use of the site was also commercial. 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 office would be located within an existing building. No significant changes are proposed to the exterior of the building. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the small scale office building 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. Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 8 F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed office use is not anticipated to create a large amount of additional traffic or noise that could be detrimental to surrounding land uses. II. 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 use the existing alley access to the detached garage. Prospect Avenue is a local street built with sufficient capacity to handle the volume of automobiles generated by the office use. As proposed, the office building would generate a relatively small amount of traffic, and thus, should not negatively affect current traffic conditions. 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 plan would not 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 Office Building appears to conform to all other zoning regulations Recommendation: The Community Development Depaihaent recommends approval of the conditional use permit request for the operation of a tax preparation office, 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. 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 an office in the C-1 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if the Board has any further questions. Board Member Szabo asked: Case #14-079-V 1020 W. Villa Drive Case #14 -091 -CU 1383 Prospect Avenue January 13, 2015 Page 9 • Staff if the business grows, how many employees would be allowed. Mr. Mangum advised — the code doesn't specifically limit employees Chairman Seegers asked if anyone in the audience is in favor of or objects. No one responded. A motion was made by Board Member Szabo, seconded by Board Member Catalano, to recommend approval of a conditional use permit for 1383 Prospect Avenue, Des Plaines, IL. AYES: Szabo, Catalano, Green, Hofherr, Saletnik, Schell, Seegers NAYES: None """MOTION CARRIED UNANIMOUSLY* * * Chairman Seegers welcomed new Board Member, Tom Green, to the ZBA. ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Hofherr, to adjourn the meeting at 8:17 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners