06/30/2015Case #15-029-V 1836 Sycamore Street
Case #15 -033 -CU -V 1469 Rand Road
Case #15 -035 -CU 632 W. Algonquin Road
June 30, 2015
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DES PLAINES
ILLINOIS I
DES PLAINES ZONING BOARD MEETING
JUNE 30, 2015
MINUTES
The Des Plaines Zoning Board Meeting held its regularly scheciul ed meeting on Tuesday, June 30, 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 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 cases.
APPROVAL OF MINUTES:
A motion was made by Board Member Hofherr, seconded by Board Member Schell, to approve the meeting
minutes of May 26, 2015, as presented.
AYES: Hofherr, Schell, Green, Catalano, Saletnik, Seegers
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
NEW BUSINESS
1. Address: 1836 Sycamore Street Case Number: 15-029-V
Petitioner is requesting a variation to Section 7.2-5.D of the 1998 City of Des Plaines Zoning Ordinance, as
amended to legalize the construction of a detached accessory structure (shed) with rear and side setbacks of
approximately zero feet, where a 5' minimum side and rear setback is required in the R-2 zoning district.
PIN: 09-28-117-029-0000
Petitioner: Diane Meore,1836 Sycamore Street, Des Plaines, IL 60018
Owner: Diane Meore, 1836 Sycamore Street, Des Plaines, IL 60018
Chairman Seegers swore in Diane Meore, 1836 Sycamore Street, Des Plaines, IL 60018 who advised she
replaced the shed with a larger one. She noted the fence has a hole in it and cannot be fixed for financial
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reasons. Ms. Meore advised her son is handicapped, and she is the sole supporter.
Board Member Szabo arrived at 7:38 p.m
Chairman Seegers asked if the shed is on the property line. Ms. Meore advised — there is no other place to
put the shed.
Chairman Seegers asked if the Board has any questions.
Board Member Saletnik asked if it is on a concrete pad. Ms. Meore advised — no, it's on the dirt.
Chairman Seegers asked if the shed has a floor. Ms. Meore advised — yes, a plastic floor that came with the
kit.
Chairman Seegers asked Staff to provide the summary report.
Issue: The petitioner is requesting a variation to Section 7.2-5.D of the 1998 City of Des Plaines Zoning
Ordinance, as amended: to legalize the construction of a detached accessory structure (shed) with rear and
side setbacks of approximately zero feet, where a 5' minimum side and rear setback is required in the R-2
zoning district.
Analysis:
Address:
Existing Zoning:
Petitioner:
Owner(s):
PIN:
1836 Sycamore Street
R-1, Single Family Residential
Diane Meore, 1836 Sycamore Street, Des Plaines, IL 60018
Diane Meore, 1836 Sycamore Street, Des Plaines, IL 60018
09-28-117-029-0000
In reviewing the variation requests, staff has considered the following information:
The 29 -foot wide by approximately 133 -foot deep lot (3,867 SF) at 1836 Sycamore Street is legal
nonconforming regarding both the minimum lot width (45' would be required of a new subdivision), and lot
size (6,875 square feet would be required of a new subdivision). The property is improved with a two-story
attached single-family residence with a shared driveway. Code enforcement cited the property owner for
installing a 10 -foot by 8 -foot shed without a permit in response to a complaint. The shed is located in the
southwest corner of the lot against fences along the side and rear property lines. A mature tree of a significant
size is located east of the existing shed location.
Staff is awaiting information from the applicant about the fire rating of the shed to determine whether the
building code would allow the shed within 5 -feet of the property lines.
Recommendation: Staff recommends approval of the requested side -yard setback variation and denial of
the requested rear -yard setback variation based on review of the information presented by the applicant and
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the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined within
the City of Des Plaines Zoning Ordinance, subject to the following condition of approval:
1. Prior to issuance of a building permit, the applicant shall provide adequate documentation regarding
construction of the shed to evaluate whether the location is in compliance with applicable building
codes.
The recommendation for approval for approval of the side yard setback is based on the fact that the lot is
non -conforming with regards to the lot width and the principal structure is located on the property line as an
attached structure. However, there does not appear to be a hardship with regards to the depth of the lot that
would prevent relocating the shed to be in conformance with the required five-foot rear yard setback
requirement.
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 variances for the side
and rear yard setback of a shed within the R-2 Zoning District.
Chairman Seegers verified the shed is within the easement.
Board Member Catalano asked, if the shed is moved 5 ft., would the hole in the fence be covered. Ms. Meore
responded — no.
Chairman Seegers asked if the previous shed was located there. Ms. Meore advised — yes for 20 years.
Board Member Catalano asked if the hole is in the back or side of fence. Ms. Meore advised — the side fence.
Board Member Green asked if there is a fence in back of the shed. Ms. Meore advised — yes.
Chairman Seegers asked if anyone in the audience is in favor or opposes this project. No one responded.
A motion was made by Board Member Green, seconded by Board Member Hofherr, to accept the Staff
recommendation including variations and grant the side yard of 0 ft. and deny the rear yard of 0 ft.
AYES: Green, Hofherr, Catalano, Schell
ABSTAIN: Szabo
NAYES: Saletnik, Seegers
"""MOTION CARRIED 4-2"""
After an explanation to Ms. Meore, she stated it is impossible to move the shed due to a Poplar tree.
Chairman Seegers clarified it is adjacent with not enough room to move.
Chairman Seegers asked if the Board has any further discussion.
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Board Member Hofherr stated it appears the shed can be moved up further next to the tree. Ms. Meore
advised the photos are incorrect.
Board Member Saletnik referred to Attachment 3 and stated there is a shed next door and wonders what the
rear set back is in that yard. Board Member Catalano stated, in Attachment 2, every shed is up against the
fence.
Board Member Green stated:
• it appears the shed could be moved 5 ft.
• there was a complaint on this shed
Board Member Green withdrew his motion. Board Member Hofherr accepted the withdrawn motion
Board Member Saletnik stated the shed appears to be a Rubbermaid (plastic) one that is self-contained; not
permanent — no foundation into the ground. He noted, per the photo in Attachments 2&3, it appears other
sheds have 0 ft. rear -yard setbacks. Board Member Catalano concurred.
A motion was made by Board Member Saletnik, seconded by Board Member Schell, to grant the
variations as requested for rear and side setbacks.
AYES: Saletnik, Schell, Green, Catalano, Hofherr, Seegers
ABSTAIN: Szabo
NAYES: None
"""MOTION CARRIED 6-0"""
2. Address: 1469 Rand Road Case Number: 15 -033 -CU -V
Petitioner is requesting a Conditional Use permit under Section 7.3-6-C and a major variation to Table 7.3.1
of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize motor vehicle sales, on a site of
less than 25,000 square feet in the C-3 Zoning District.
PIN: 09-17-205-127-0000
Petitioner: Avenue Auto Sales Inc., Anthony Bottalla, P.O. Box 31489, Chicago, IL 60631
Owner: Anthony J. Bottalla Trust, Anthony Bottalla, P.O. Box 31489, Chicago, IL 60631
Chairman Seegers swore in Anthony Bottalla, P.O. Box 31489, Chicago, IL 60631 who advised the request
is for a Conditional Use Permit and variation.
Chairman Seegers asked/reminded:
• if there is a newer version of the plan. Mr. Bottalla advised — yes, based on the limitation of 17
vehicles, adjustments were made. Currently this property was previously -approved for 50 vehicles
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(for (2015). Mr. Bottalla stated he would appreciate at least a maximum of 40 vehicles. He noted
driveways may be moved and shortened by the City.
• if Petitioner needs space for patrons. Mr. Bottalla advised — yes
• the Commission will recommend and the City Council with have the final authority
Board Member Szabo asked if Petitioner is going to maintain the building or teardown and build a new one.
Mr. Bottalla advised — he is looking to rehab the facade. He noted a current business (elsewhere) will be
moved to this location. He stated the building could be removed at a later date. Mr. Bottalla advised he also
owns the property next door.
Board Member Hofherr asked what type of work is occurring in the building. Mr. Bottalla advised — nothing.
He shared that a door had been kicked in so he decided to seal the building off for safety reasons. Board
Member Hofherr suggested Petitioner contact the Building Department for a permit.
Board Member Catalano asked:
• if the current business allows for 50 vehicles. Mr. Bottalla advised— no, the previous business stored
50 cars (a business with a license to park up to 50 cars). Mr. Mangum advised — it is a classification;
a business licensing category; currently not a Conditional Use to sell vehicles.
Board Member Green clarified/asked:
• recommendations to relocate driveways. Staff concurred.
• if the parking area will be reasphalted. Mr. Bottalla advised — if the current narrower area could be
landscaped, that is preferable. He stated he would like to install a wrought iron gate rather than have
the adjacent driveway removed.
• if the entry allows eastbound entry but not westbound. Mr. Mangum stated it is currently skewed
with a condition to realign/straighten the curb cut.
Board Member Szabo asked what type of vehicles will be sold. Mr. Bottalla advised — they will be in the
$5,000-$15,000 range (as an average).
Chairman Seegers asked if the Board has other questions. No one responded. Chairman Seegers asked Staff
to provide the summary report.
Analysis:
Proposed Use Motor Vehicles Sales
Petitioner
Owner
PIN
Avenue Auto Sales Inc., Anthony Bottalla, P.O. Box 31489, Chicago,
IL 60631
Anthony J. Bottalla Trust, Anthony Bottalla, P.O. Box 31489, Chicago,
IL 60631
09-17-205-127-0000
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Plan of Operation
Existing Use
Surrounding Land Use
Avenue Auto Sales would employ 3 workers per shift and would
operate Monday through Friday from 10:00 a.m. to 7:00 p.m. and
Saturday from 10:00 a.m. to 5:00 p.m.
Vacant
North: Commercial
East: Commercial
South: Multi -Family Residential
West: Commercial
Existing Zoning C-3, General Commercial
Surrounding Zoning
North: C-3, General Commercial
East: C-3, General Commercial
South: R-3, Townhouse Residential
West: C-3, General Commercial
Street Classification This portion of Rand Road Street is identified as an arterial road
according to the City's Comprehensive Plan.
Comprehensive Plan The Comprehensive Plan recommends Community Commercial use for
this site.
The applicant, Anthony Bottalla for Avenue Auto Sales, has requested a Conditional Use Permit and Major
Variation for Motor Vehicle Sales at 1469 Rand Road. The 20,625 square -foot parcel is located on the south
side of Rand Road and currently contains an approximately 400 square -foot one-story brick building. The
site has 225 -feet of frontage and is currently accessed by two 45-50 foot wide curb cuts off of Rand Road.
The proposed site plan shows 22 parking spaces, 17 of which would be used to display vehicles, three for
employee parking, and two for customer parking. The proposed plan of operation includes typical hours of
operation on weekdays, Monday through Friday from 10:00 a.m. to 7:00 p.m., and Saturday from 10:00 a.m.
to 5:00 p.m. Three employees would be at the location. Minimal landscaping is proposed between the line of
parking stalls and the public sidewalk, in addition to two landscaped areas at the east and west edge of the
property, and a grass area at the rear of the property. A major variation is sought because the lot is undersized
compared to the 25,000 square -foot minimum requirement.
A request to waive the traffic study requirement was granted after review by the City's Engineering Division.
Engineering staff comments to eliminate the eastern curb cut to limit pedestrian and auto conflict points,
straighten the western curb cut to run perpendicular with Rand Road, and narrow the eastem driveway to a
maximum of 36 -feet to allow for 1 ingress and two egress lanes, are incorporated into the conditions of
approval.
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:
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Comment: Motor Vehicles Sales 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 site.
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 Motor Vehicle Sales operation fronts on Rand Road, an arterial road that currently
has an auto -oriented character in the area. Conditions of approval incorporate landscaping and operational
requirements to lessen the impact of operations.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: With proposed conditions of approval relating to landscaping, fencing, and lighting, none of the
functions of the Motor Vehicle Sales operation 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:
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: With proposed Conditions of Approval, the proposed Motor Vehicle Sales operation 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: Two overly -wide curb cuts are located on Rand Road, an Illinois Department of Transportation
Right -of -Way. Based on an evaluation of the existing conditions and with proposed conditions of approval
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to consolidate and narrow curb cuts, staff does not find any evidence for potential interference with traffic
pattems.
I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic,
or historic features of major importance:
Comment: No significant exterior building alterations are proposed. With conditions of approval, the
proposed plan would remove impervious surface, and it 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 variation request for Motor Vehicle Sales on a lot of less than 25,000 square
feet, it appears that with conditions of approval the proposed conditional use would comply with all additional
regulations within the Zoning Ordinance.
Recommendation: The Community Development Department recommends approval of the Conditional Use
Permit and Variation requests for the establishment of a Motor Vehicle Sales operation, 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) and in Section 3.6-7 (Major Variations) of the City of Des Plaines Zoning
Ordinance, subject to conditions of approval:
1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a Landscape Plan with a
landscaped area with a minimum of a 7 -foot depth along the north property line (Rand Road
frontage), consisting of shrubs or a continuous hedge (measuring a minimum of 18 inches at planting
and not to exceed 4 feet at maturity), groundcover, and not less than three shade trees, and a three
to four foot high wrought -iron style fence located 2 -feet from the edge of the parking area. The Plan
shall also include a 6 -foot wood privacy fence along the entire length of the rear (south) property
line.
2. Prior to Issuance of the Conditional Use Permit, the applicant shall submit a Site Plan that eliminates
the eastem curb cut, straightens the western curb cut to run perpendicular with Rand Road, and
narrows the westem driveway to a maximum of 36 -feet in width to allow for 1 ingress and two
egress lanes to the satisfaction of the Director of Public Works and Engineering.
3. Prior to occupancy, the applicant shall complete site improvements as indicated on the revised Site
and Landscape Plans.
4. The number of vehicles for sale shall be limited to no more than 17.
5. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan
that limits the maximum amount of horizontal foot-candles on residential properties to not more
than 0.2 foot-candles at the multi -family residential property lines.
6. 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.
7. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface
requirements.
With proposed conditions of approval to improve the appearance of a highly visible property on a major
arterial, provide screening, and limit the light spill-over to adjacent residential properties it is not anticipated
that the proposed use would cause significant negative impacts.
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Zoning Board of Appeals Procedure: Under Sections 3.4-4-C (Conditional Uses) and 3.6-7 (Major
Variations) 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 Conditional Use Permit
and Major Variation for the establishment of a Motor Vehicle Sales establishment in the C-3 zoning district.
The City Council has the final authority on these portions of the project.
Board Member Catalano asked:
• if Petitioner has an issue with the fence. Mr. Bottalla advised — no
• about the driveway. Mr. Bottalla advised — he is not sure why this is being shortened
Board Member Szabo asked:
• Petitioner if, of the 7 Conditions, he is in agreement with most except Condition #4
• Petitioner how many cars he would propose. Mr. Bottalla advised — 40 as a maximum. He believes,
per the other car lots approved, this number seems appropriate.
Board Member Catalano advised he counted 88 spaces for the previously -approved business. Chairman
Seegers reminded it was a parking lot not a sales lot.
Board Member Hofherr asked:
• Staff if the landscaping would be bushes. Mr. Mangum advised — they shouldn't be above 24 inches
• Staff, based on 32 spaces shown, what the requirement is. Mr. Mangum advised — the requirement
for customers is 4 cars. Mr. Bottalla advised — the center aisle is 33 % ft. wide; vehicles could be
parked parallel (or the long way). He noted if the building next door is knocked down, the spaces
would be utilized and the business would be moved in the strip center next.
Mr. Bottalla noted the stretch on Rand Road is 115 ft. deep.
Board Member Green asked for clarification on the 7 ft. depth requirement. Mr. Mangum explained same.
Board Member Catalano referenced a previous business and its landscaping requirement.
Board Member Szabo asked:
• if the strip mall is fully occupied. Mr. Bottalla advised — yes
• if Petitioner owns the Red Hot business. Mr. Bottalla advised — yes
Chairman Seegers clarified this is a recommendation to City Council.
Chairman Seegers asked if the Board has any questions.
Board Member Szabo stated that the issue is how many vehicles are allowed for display on this property. Mr.
Mangum stated Staff recommends 17 (Petitioner asked for 32). Board Member Catalano asked if a number
is preferred by Staff Mr. Mangum advised — the 17 was based on the site plan initially submitted, it is
recommended the site plan indicate all spaces requested.
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Board Member Green asked if all spaces are striped. Mr. Mangum advised — yes, they should be.
Discussion took place on the recommended number of spaces. Mr. Mangum stated this Board could
recommend a number; the plan would need to be revised.
Board Member Saletnik stated more customer spaces may be needed for a successful business. He noted 40
vehicles seem excessive but perhaps 35 may work.
Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded
A motion was made by Board Member Hofherr, seconded by Board Member Szabo, to recommend
that City Council approve this petition with Condition #4 to be raised to 30 vehicles and other
Conditions as noted by Staff. Board Member Szabo suggested the spaces should be 28; discussion
ensued. Board Member Hotherr amended, and Board Member Szabo accepted the amendment, that
spaces be designated as follows:
• Sales Parking 30
• Customer Parking 4
• Employee Parking 3
Chairman Seegers clarified the above. Board Member Catalano stated 40 cars could be parked with 4
additional customer spaces. Board Member Szabo responded — that could impact circulation.
Petitioner advised that based on the lateness in receiving the site plan, he didn't have time to arrange all
parking spaces (that the architect illustrated). He noted that if only 40 cars are on display, 20 may be sold
per month. He continued that if there are 17 spaces, he wouldn't open the business.
Board Member Green stated if a revised plan is brought to City Council members, they could make a
determination; Mr. Mangum concurred.
Board Member Saletnik stated there is a concern that there could be too many cars on the lot.
AYES: Hofherr, Szabo, Green, Catalano, Saletnik, Schell, Seegers
NAYES: None
"""MOTION CARRIED UNANIMOUSLY* * *
3. Address: 632 W. Algonquin Road Case Number: 15 -035 -CU
Petitioner is requesting a Conditional Use permit under Section 7.3-6-C of the 1998 City of Des Plaines
Zoning Ordinance, as amended: to operate a Food Processing Establishment (Catering) in the C-3 Zoning
District.
PIN: 08-24-102-007-0000
Petitioner: Winston Sevilla, 1115 Marshall Drive, Des Plaines, IL 60016
Owner: Marek Jaczynski, 4721 Laurel Avenue, Glenview, IL 60025
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Chairman Seegers swore in Mr. & Mrs. Sevilla from 1115 Marshall Drive, Des Plaines, IL 60016 & Mr.
Jaczynski at 4721 Laurel Avenue, Glenview, IL 60025. Mr. & Mrs. Sevilla stated they wish to operate a
catering business (80%) & Filipino restaurant (20%) which will accommodate 3 tables & 14 chairs.
Chairman Seegers asked:
• what hours of operation are. Mrs. Sevilla advised — 11 a.m. — 8 p.m. on Tuesday -Sunday & closed
on Monday
• if Petitioners will deliver & serve? Mrs. Sevilla advised — they will deliver and set up; take out is
available also
• how big the restaurant is. Mr. Jaczynski advised— 1,500 sq. ft.
• where exactly the restaurant is in the mall. Mrs. Sevilla advised — in the center
Board Member Szabo asked if the business is catering or take out. Mrs. Sevilla advised — for bigger
luncheons, food would be delivered.
Board Member Saletnik asked how this is being marketed. Mr. Sevilla advised — he and his wife both work
at Lutheran General Hospital, and there is a demand with employees. He noted nursing homes will be targeted
too.
Chairman Seegers asked if the Board has any questions. No one responded. Chairman Seegers asked Staff to
provide the summary report.
Issue: The petitioner is requesting a Conditional Use permit under Section 7.3-6-C of the 1998 City of Des
Plaines Zoning Ordinance, as amended: to operate a Food Processing Establishment (Catering) in the C-3
Zoning District.
Analysis:
Proposed Use
Petitioner
Owner
PIN
Plan of Operation
Food Processing Establishment (Catering business with accessory
Restaurant)
Winston Sevilla, 1115 Marshall Drive, Des Plaines, IL 60016
Marek Jaczynski, 4721 Laurel Avenue, Glenview, IL 60025
08-24-102-007-0000
Kamayan Tayo Restaurant would average 4 workers per shift and would
operate 6 days per week (Tuesday -Sunday) from 11:00 a.m. to 8:00 p.m.
Existing Use Vacant tenant space
Surrounding Land Use
North: Multi -Family Residential
East: Multi -Family Residential
South: Single -Family Residential
West: Commercial (Shopping Center)
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Existing Zoning C-3, General Commercial
Surrounding Zoning
Street Classification
Comprehensive Plan
North: R-3, Townhouse Residential
East: R-3, Townhouse Residential
South: R-1, Single -Family Residential
West: C-3, General Commercial
This portion of Algonquin Road is identified as a collector road
according to the City's Comprehensive Plan.
The Comprehensive Plan recommends Commun
this site.
Commercial use for
The applicant, Winston Sevilla, has requested a Conditional Use Permit to open a catering business with
accessory restaurant (Food Processing Establishment) within an existing shopping center at 632 W
Algonquin Road. The approximately 32,755 square -foot parcel is located on the north side of Algonquin
Road and currently contains a multi -tenant one and two-story brick building which is occupied by several
retail and service related uses. The site is currently accessed by two curb cuts off of Algonquin Road with
the western driveway shared with an adjacent shopping center. 44 parking spaces are located in front of the
building and are shared by the building tenants.
The applicant proposes to operate a catering business within a vacant, roughly 1,600 square foot tenant space
which was previously occupied by a retailer. Kamayan Tayo Restaurant would average 4 workers per shift
and would operate 6 days per week (Tuesday -Sunday) from 11:00 a.m. to 8:00 p.m. The operation would be
primarily offer catering and carry -out service (80%), but would also provide a small dining area with three
tables and 12 seats. A request to waive the traffic study requirement was granted after review by staff based
on the proposed site plan and size of the operation.
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 Food Processing Establishment 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 site.
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:
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Comment: The proposed Food Processing Establishment is located on Algonquin Road, a collector road that
currently has an auto -oriented character in this area.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: Based on the previous use and plans submitted, none of the functions of the Food Processing
Establishment 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.
II. 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 wellbeing of the community.
I. 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 submitted, the proposed Food Processing Establishment is not anticipated to
create additional traffic, noise, or odors 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 utilize the existing curb cuts on Algonquin Road for access. The
Illinois Department of Transportation has jurisdiction over the adjacent section of Algonquin Road. Based
on an evaluation of the existing conditions and plans 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: Reuse of the existing building is proposed. The proposed plan would not cause the destruction,
loss, or damage of any natural, scenic or historic features of major importance.
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June 30, 2015
Page 14
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 for the operation of a Food Processing Establishment, based on review of the information presented
by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses)
of the City of Des Plaines Zoning Ordinance, subject to conditions of approval:
8. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface
requirements.
The proposed use would occupy a vacant tenant space within an existing shopping center and the operations
are not expected to cause a negative impact on surrounding land uses.
Zoning Board of Appeals Procedure: Under Sections 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 Conditional Use Permit for the operation of a Food Processing
Establishment in the C-3 zoning district. The City Council has the final authority on the project.
Board Member Catalano asked if the existing condition of the lot conforms. Mr. Jaczynski advised — he
striped and paved last year.
Chairman Seegers asked if anyone in the audience is in favor or objects. No one responded.
A motion was made by Board Member Hofherr, seconded by Board Member Green, to recommend
that City Council approve as presented with 1 Condition as noted by Staff.
AYES: Hofherr, Green, Catalano, Szabo, Saletnik, Schell, Seegers
NAYES: None
"""MOTION CARRIED UNANIMOUSLY* * *
OLD BUSINESS/ANNOUNCEMENT
Chairman Seegers announced that his term expired at the end of April. He advised the Board that he
contacted the Mayor via a letter and phone call, however, there has been no response. Chairman Seegers
read a summation of the letter.
Chairman Seegers advised the Board that per the code, the Chairman is appointed by the Board. He shared
that the new ordinance states the Chairman is appointed by the Board annually.
Chairman Seegers stated he has enjoyed working with everyone and believes it is time to spend more time
with his family. Various compliments and good luck were wished for Chairman Seegers.
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June 30, 2015
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Audience members Mr. Serbin & Mrs. Seegers along with Mr. Mangum thanked Chairman Seegers for all
his dedication to the City of Des Plaines.
ADJOURNMENT
The meeting adjourned at 9:26 p.m.
Sincerely,
Gale Cerabona
Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners