04/28/2015Case #15-016-V 643 Greenview Avenue
Case #15 -017 -CU 885-911 Touhy Avenue
April 28, 2015
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DES PLAINES
ILLINOIS
DES PLAINES ZONING BOARD MEETING
APRIL 28, 2015
MINUTES
The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, April 28, 2015, at
7:30 p.m. in Room 101 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT. Seegers, Szabo, Catalano, Sal etnik, Hofherr, Schell, Green
ALSO PRESENT Scott Mangum, Senior Plainer, 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 Hofherr, seconded by Board Member Saletnik, to approve the
meeting minutes of April 14, 2015, as presented.
AYES: Hofherr, Saletnik, Catalano, Szabo, Schell, Seegers
NAYES: None
ABSTAIN: Green
***MOTION CARRIED UNANIMOUSLY***
NEW BUSINESS
1. Address: 643 Greenview Avenue Case Number: 15-016-V
Petitioner is requesting variations to Sections 7.2-4-D of the 1998 City of Des Plaines
Zoning Ordinance, as amended to authorize the expansion of an accessory structure (garage) with an
approximately three-foot side -yard setback, where the minimum allowed side -yard setback is 5 feet in the
R-1 zoning district.
PIN: 09-18-405-019-0000
Petitioner: Gilbert Cummings, 643 Greenview Avenue, Des Plaines, IL 60016
Owner: Gilbert Cummings, 643 Greenview Avenue, Des Plaines, IL 60016
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Chairman Seegers swore in Heidi & Gilbert Cummings, 643 Greenview Avenue, Des Plaines, IL 60016.
Mrs. Cummings stated they are interesting in expanding their current garage by extending it back and
keeping it in line with the existing garage.
Chairman Seegers asked:
• if the garage will be expanded. Mrs. Cummings advised — yes, and extend as if it were a 2 -car
garage (without tearing down the existing one)
• if their property is very long — 165 ft. Mrs. Cummings advised — yes
• if they've spoken with the neighbors. Mrs. Cummings advised — yes
• if the material is frame. Mrs. Cummings advised — yes
Chairman Seegers asked if the Board has any questions. There were none.
Chairman Seegers asked:
• if there is a large garage next door to them. Mrs. Cummings advised — yes
• how far the neighbor's garage is from the property line. Mrs. Cummings advised — 3 ft.
• if both garages (neighbors' and theirs) would be the same length. Mrs. Cummings advised—theirs
is a bit longer
Chairman Seegers asked if the Board has any further questions.
Board Member Szabo asked if there's a reason why the garage won't be made wider. Mrs. Cummings
advised — yes, based on current patio and yard space.
Board Member Green asked if it will be 3 ft. from the property line and not any less. Mrs. Cummings
advised — the neighbor, who is in the construction business, advised it is 3 ft.
Chairman Seegers asked if the Board has any further questions. There were none. Chairman Seegers asked
Staff to provide the summary report.
Issue: The petitioner is requesting a variation to Section 7.2-4-D of the 1998 City of Des Plaines Zoning
Ordinance, as amended: to authorize the expansion of an accessory structure (garage) with an approximately
three-foot side -yard setback, where the minimum allowed side -yard setback is 5 feet in the R-1 zoning
district.
Analysis:
Address: 643 Greenview Avenue
Existing Zoning: R-1, Single Family Residential District
PIN: 09-18-405-019-0000
Petitioner: Gilbert Cummings, 643 Greenview Avenue, Des Plaines, IL 60016
Owner(s): Gilbert Cummings, 643 Greenview Avenue, Des Plaines, IL 60016
In reviewing this variation request, staff has considered the following information:
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April 28, 2015
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The approximately 7,600 square -foot property has 50 feet of frontage on Greenview Avenue. The width of
the approximately 166 -foot deep property begins to taper at a point approximately 125 feet from the front
property line to a width of 10.8 feet at the rear property line. The lot width is nonconforming (55' would be
required of a new subdivision), but the lot size exceeds the minimum of 6,875 square feet that would be
required of a new subdivision. The property is improved with a one-story frame single-family residence with
a shared side driveway and approximately 310 square -foot (14.09 -feet by 21.95 -feet) rear detached one -car
garage that is located approximately 3 -feet from the side property line.
The petitioner proposes to add approximately 28.2 -feet to the rear of the existing garage, increasing the total
size to approximately 707 square feet. A Standard Variation is requested to maintain the existing side yard
setback of approximately 3 -feet. The applicant states the need for additional storage space for vehicles and
consistency with the adjacent neighbor's garage as reasons for the request.
Recommendation: Staff recommends approval of the above -requested variation for the accessory structure
setback based on review of the information presented by the applicant and the standards and conditions
imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning
Ordinance. The proposed setback would be both consistent with the existing setback and the setback of other
structures in this area of the City. Additionally, the lot is uniquely shaped and nonconforming with regards
to lot width.
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 variance for the side
setback of a garage in the R-1 zoning district.
Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked if anyone
in the audience is in favor or objects to this project. No one responded.
A motion was made by Board Member Hofherr, seconded by Board Member Schell, to approve the
variance requested for the expansion of the garage with a 3 ft. setback.
AYES: Hofherr, Schell, Green, Catalano, Szabo, Saletnik, Seegers
NAYES: None
"""MOTION CARRIED UNANIMOUSLY* * *
2. Address: 885-911 Touhy Avenue Case Number: 15 -017 -CU
Petitioner is requesting a modification to a Conditional Use permit under Section 7.3-6-C of the 1998 City
of Des Plaines Zoning Ordinance, as amended, to construct and operate a convenience mart fueling station
in the C-3 Zoning District.
PINs: 09-32-100-008-0000, 09-32-100-018-0000
Petitioner: Speedway LLC, 500 Speedway Drive, Enon, OH 45323
Owner: Speedway LLC, 500 Speedway Drive, Enon, OH 45323
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April 28, 2015
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Chairman Seegers swore in Robert Schroedter, Real Estate Representative, Speedway LLC, 500 Speedway
Drive, Enon, OH 45323.
These present individuals were swom in last time: Chris Kalischefski, AIA, President, & Kimberly Stmad,
Project Designer, Corporate Design & Development Group, LLC, 2675 Pratum Avenue, Hoffman Estates,
IL 60192, Thomas R. Bumey, Counsel, Zanck, Coen, Wright, & Saladin, PC, 40 Brink Street, Crystal
Lake, IL 60014, J. Kelly Bufton, Seyfarth Shaw LLC, 131 S. Dearbom, Suite 2400, Chicago, IL 60603-
5577, & Patrick Devereaux, Senior Vice President, EMERgency, 999 E. Touhy, Des Plaines, IL 60018.
Ms. Stmad offered a presentation:
• Site plan keeps the cross access with only cars entering (and not truck access)
• Driver from neighboring property would make a hard right tum when entering
• Trucks are not permitted on the cross access
• Landscaping is maintained with the addition of 1-2 trees
• Signage would indicate that trucks cannot have access onto neighboring property
• Would like Condition #4 to be removed
Mr. Bumey reiterated the above as well. He advised that the reason they would like Condition #4 to be
eliminated is due to the private dispute (should the easement not be released). Mr. Bumey advised that Staff
located the Conditional Use Permit from 1970. The Racquetball Club's reciprocal agreement occurred in
1976. He noted there is no evidence there is not enough parking on the neighbor's property. He concluded
that they hope to come to an agreement with their neighbors.
Mr. Kalischefski advised that another location was reviewed, however, it was felt that this area would have
minimal impact on the neighbor.
Chairman Seegers asked if the Board has any questions.
Board Member Green asked what the width of the driveway is. Ms. Stmad advised —15 ft.
Chairman Seegers asked Staff to provide the summary report.
Issue: The petitioner is requesting a modification to a Conditional Use permit under Section 7.3-6-C of the
1998 City of Des Plaines Zoning Ordinance, as amended, to construct and operate a convenience mart fueling
station in the C-3 Zoning District.
Analysis:
Proposed Use Convenience Mart Fueling Station
Petitioner Speedway LLC, 500 Speedway Drive, Enon, OH 45323
Owner Speedway LLC, 500 Speedway Drive, Enon, OH 45323
PINs 09-32-100-008-0000,09-32-100-018-0000
Plan of Operation The Convenience Mart Fueling Station would operate 7 days a week, 24
hours per day with a total of 5 employees per shift.
Existing Use Convenience Mart Fueling Station and vacant building
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Surrounding Land Use
Existing Zoning
Surrounding Zoning
Street Classification
Comprehensive Plan
North: Single -Family Residential
East: Office
South: I-90 Tollway
West: I-90 Tollway
C-3, General Commercial
North: R-1, Single Family Residential
East: C-2, Limited Office Commercial
South: I-90 Tollway
West: I-90 Tollway
This portion of Touhy Avenue is identified as an arterial road according
to the City's Comprehensive Plan.
The Comprehensive Plan recommends Community Commercial use for
the western portion of the site and Office for the eastern portion.
The applicant, Speedway, has requested to modify an approved Conditional Use Permit to construct a new
Convenience Mart Fueling Station at 885-911 Touhy Avenue. A Conditional Use Permit was approved July
21, 2014 per Zoning Case #14 -024 -CU -V (Ordinance Z-16-14). Speedway has revised the plans in an attempt
to accommodate a recorded easement from 1976 for parking and access from the adjacent property to the
east. The main differences from the approved Site Plan are a 30 -foot, 6 -inch vehicular cross -access driveway
at the southeast corner of the site and 12 additional parking spaces towards the northwest portion of the site.
Following discussion at the April 14, 2015 Zoning Board of Appeals meeting, the petitioner has submitted
two Alternate Site Plans (Exhibit D) with revised reduced width vehicular access points to the adjacent
property to the east.
Speedway currently operates a Convenience Mart Fueling Station on the western portion of the site and has
demolished the building on the eastern portion of the site. Speedway plans to demolish and rebuild a new
Convenience Mart Fueling Station using the entire site. The 29,994 square -foot parcel at 911 E. Touhy
Avenue, was reclassified from the C-2, Limited Office Commercial Zoning District to the C-3, General
Commercial District by the City Council in May, 2014. The 90,321 square -foot triangularly shaped site
currently contains a one-story frame building, a one-story brick convenience mart building and canopy with
12 fuel pumps (eight regular and four diesel). The site is currently accessed by three curb cuts off of Touhy
Avenue.
The proposed 48 -foot by 82 -foot (approximately 3,936 square feet) convenience mart building will be
oriented towards Touhy Avenue with 16 parking spaces in front of the building and an additional 12 spaces
toward the northwest portion of the site. Separate fuel canopies are proposed for the ten regular and four
diesel (primarily used by trucks) fuel pumps. Truck traffic will circulate around the site in a counterclockwise
direction utilizing the westernmost curb cut (right in only) to enter the site and the easternmost curb cut (right
out only) to exit. Automobile traffic could also use the full -access middle curb cut. The regular fuel canopy
would be located in between the convenience mart building and Touhy Avenue, while the diesel canopy
would be located to the west of the building. An eight -foot high board on board fence and landscaping is
proposed along the eastern edge of the site to provide screening from the adjacent office park in addition to
landscaping around the perimeter of the site.
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A traffic study to evaluate the proposed Speedway reconstruction was prepared by Kenig, Lindgren, O'Hara,
and Aboona, Inc. The City's Engineering Division has reviewed the traffic study and are in agreement with
the study's conclusions that the project will not introduce any new adverse impacts upon the surrounding
transportation network, and it will improve the on-site circulation given that the project is largely an
improvement of the existing station (versus a new use or expansion) with marginal additional traffic
generated. The City's Engineering Division has also reviewed the revised Site Plan and did not identify any
additional issues.
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 Convenience Mart Fueling Station is a Conditional Use in C-3, General Commercial Zoning
District, as specified in Section 7.3-6.0 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 a Community Commercial use for the westem
portion of the site and Office for the eastern portion. The City Council recently reclassified the zoning of the
eastern portion of the site which allows for a Convenience Mart Fueling Station as a conditional use.
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 Convenience Mart Fueling Station fronts on Touhy Avenue, an arterial road that
currently has an auto -oriented character in the area, but is located in close proximity to residences and open
space on the north side of Touhy Avenue and an Office Park to the east of the site. Extensive landscaping
has been proposed to lessen the visual impact of operations.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: Based on the plans and traffic study submitted, none of the functions of the Convenience Mart
Fueling Station 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
community:
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April 28, 2015
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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 wellbeing 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: Based on the plans and traffic study submitted, the proposed Convenience Mart Fueling Station
is not anticipated to create 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 project would utilize three curb cuts on Touhy Avenue for access. The Illinois
Department of Transportation has jurisdiction over this section of Touhy Avenue and will need to review and
approve the proposed curb cut locations. Based on an evaluation of the traffic study 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:
Comment: A complete redevelopment of the site is proposed. However, 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: Other than the major variations previously granted for signage, 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 modification to
the Conditional Use Permit for the establishment of a Convenience Mart Fueling Station, 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. Prior to occupancy, the applicant shall complete site improvements in accordance with the Proposed
Speedway Plans, including without limitation the Site and Landscape Plans set forth in Group
Exhibit B. Trees along the east property line shall be a minimum of eight feet in height at the time
of planting.
2. All landscaping materials shall be maintained in good condition so as to present a healthy and
orderly appearance, and plant material not in this condition shall be replaced when necessary and
shall be kept free of refuse and debris.
3. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface
requirements.
4. Approval of the conditional use permit is subject to, and conditioned upon, the execution and
delivery by Speedway and the owner of the adjacent property to the east of a written agreement
demonstrating that the parties have resolved their private dispute regarding the easement on the
subject property.
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April 28, 2015
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The modification to the proposed use is an expansion of the existing use of the site and an evaluation of the
traffic study indicates that it will not introduce any new adverse impacts upon the surrounding transportation
network and it will improve the on-site circulation.
Zoning Board of Appeals Procedure: Under Section 3.4-4-C (Conditional Uses) of the Zoning Ordinance
the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject
to conditions, or deny the above-mentioned modification of a Conditional Use Permit for the establishment
of a Convenience Mart Fueling Station 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 Saletnik asked/stated:
• about Staff 's idea of Condition #4. Mr. Mangum advised — Condition #4 puts the City in the best
position (regarding the private dispute)
• it appears that a suit could come forward leaving the City in a vulnerable position
Chairman Seegers asked if anyone in the audience is in favor of this project. No one responded. Chairman
Seegers asked if anyone in the audience objects to the project.
Mr. Bufton & Patrick Devereaux came forward. Mr. Bufton stated they are in negotiations and hope a
resolution occurs. He appreciates the modification and asked if the road is one-way or two-way on the East
side. He surmised that drivers going East on Touhy (to the Lee Street light) will be cutting through onto the
office building's lot.
Board Member Catalano asked if the access is a problem. Mr. Bufton advised — it is, stating they would
rather have no access; circulation is poor.
Board Member Green asked if the driveway is being accessed now. Mr. Devereaux stated drivers are not
going through the Speedway lot; most are coming from the office buildings.
Board Member Saletnik asked to hear the attomeys' opinions. Mr. Bufton stated the easement requires an
access point in said location; parking spaces are not allocated; parking spaces have moved.
Board Member Saletnik asked if it would be acceptable if a public right-of-way is provided. He reminded
that trucks are now alleviated from crossing over.
Board Member Catalano asked if the agreement requires an egress. Mr. Bufton stated there is a zoning issue;
the easement has an access point and 21 spaces. No plan presented will release the easement. He noted that
Speedway has moved its 21 spaces; if Speedway is sued, it will be on that basis.
Board Member Saletnik stated this is no longer a Racquetball Club.
Mr. Bumey stated the 21 spaces are a moot point. The City is not being neutral if it doesn't receive Mr.
Devereaux's approval. He reminded that they will hold the City harmless. Mr. Burney concluded this is a
planning issue.
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Board Member Saletnik stated that Speedway retumed with a solution. From a planning perspective, there
should be no connection between the properties.
Mr. Burney advised that Speedway did not know about the easement agreement when it first applied for the
Conditional Use Permit. He referred to the floodplain regulations, and stated this is a private rule adjusting
to the way the rules are set. Mr. Bufton stated that Speedway absolutely knew about the agreement.
Board Member Catalano asked if the agreement allows the access. Mr. Burney advised — yes, to access the
21 parking spaces.
Board Member Saletnik stated, by having Condition #4 included, the City does not remain neutral. He
recommended Corporation Counsel be present at the City Council meeting.
Chairman Seegers reminded that comments will be noted in the minutes.
Board Member Hofherr asked:
• if, based on a previous statement, the amount of money ($850,000) releases the easement, would
the easement factor disappear. Mr. Burney advised — yes, and go back to the original plan.
• that the two parties resolve the issues before the City Council meeting. He advised that it is preferred
not to have access.
Board Member Szabo agrees with Board Member Saletnik. He, too, stated that Condition #4 be omitted, and
if it is, he advised he would second the motion.
Board Member Hofherr asked Staff if the ZBA recommends leaving in Condition #4, could City Council
then remove Condition #4. Mr. Mangum advised Staff would work with General Counsel to draft an
ordinance per the recommendation of the ZBA, however, the City Council could modify the conditions of
the ordinance.
Chairman Seegers stated this Board should give its best recommendation and noted, a condition could be
added — that if an agreement is reached, the original plan be honored.
A motion was made by Board Member Saletnik, seconded by Board Member Szabo, to recommend
approval, in light of Speedway being required to have an access, with Conditions 1-3 (removal of
condition 4) and add a Condition 5 that states: If an agreement between the two parties is resolved,
the original plan will be built/adhered to.
AYES: Saletnik, Szabo, Green, Catalano, Seegers
NAYES: Hofherr, Schell
"""MOTION CARRIED 5-2"""
Chairman Seegers noted a recommendation will be written to City Council.
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ADJOURNMENT
A motion was made by Board Member Schell, seconded by Board Member Hofherr, to adjourn the
meeting at 8:26 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona
Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners