10/27/2015Case #15-060-V- 782 W. Oakton-Variance Requests
Case #15-046-V-1225 Forest Avenue
October 13, 2015
Page 1
ODEsIINEs
I I.L1 N'O� ti
DES PLAINES ZONING BOARD MEETING
OCTOBER 27, 2015
MINUTES
The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, October 27, 2015, at 7:30
p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Catalano, Green, Saletnik, Hofherr, Schell, Szabo
ALSO PRESENT: Lauren Pruss, Coordinator/Community & Economic Development
Gale Cerabona, Recording Secretary
Chairman Szabo called the meeting to order at 7:31 p.m. & read this evening's case.
APPROVAL OF MINUTES:
A motion was made by Board Member Holherr, seconded by Board Member Catalano, to approve the
meeting minutes of October 13, 2015, as presented.
AYES: Hofherr, Catalano, Saletnik, Schell, Szabo
NAPES: None
ABSTAIN: Green
"""MOTION CARRIED UNANIMOUSLY"""
NEW BUSINESS
There was no New Business
OLD BUSINESS
1. Address: 1225 Forest Avenue Case Number: 15-046-V
Petitioner is requesting a Standard Variation to Section 12-9-7 the 1998 City of Des Plaines Zoning
Ordinance, as amended, to expand the restaurant portion of a building in the C-3 Zoning District with 56
parking spaces, instead of not less than 75.
PIN: 09-20-400-025-0000, 09-20-400-030-0000
Petitioner: Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL 60018
Owner: Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL 60018
Case #15-060-V- 782 W. Oakton-Variance Requests
Case #15-046-V-1225 Forest Avenue
October 13, 2015
Page 2
Chairman Szabo swore in David T. Arena, Attomey at Law, DiMonte & Lizak, LLC, 216 West Higgins,
Park Ridge, IL who advised there was a parking lease for a one-year term. He noted a renewable lease is now
drafted for a 5 -year term.
Chairman Szabo asked if the Board has any questions.
Board Member Hofherr asked/stated:
• if parking spaces will be labeled. Mr. Arena advised — yes, the closes spots to the facility
• regarding parking on the West side of gate and rear, and after viewing the rear of the facility at 2:30
p.m. this afternoon, you may wish to explain to your employees about cleaning up. He noted the
employee parking cannot be utilized due to the debris.
Chairman Szabo asked if the expiration date of September 30, 2016 is acceptable to Aldi.
Chairman Szabo asked if the Board has any further questions. There were none.
Chairman Szabo asked Staff to summarize the Staff Report.
Issue:
Analysis
Address:
The petitioner is requesting a Standard Variation to Section 12-9-7 the 1998 City
of Des Plaines Zoning Ordinance, as amended, to expand the restaurant portion
of a building in the C-3 Zoning District with 56 parking spaces, instead of not less
than 75.
1225 Forest Avenue PIN: 09-20-400-025-0000, 09-20-400-030-0000
Existing Zoning: C-3, General Commercial Zoning District
Petitioner: Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL
60018
Owner(s):
Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL
60018
In reviewing this variation request, staff has considered the following information:
Boston Fish Market has requested a parking variation to allow for a 2,400 square foot restaurant addition and
an outside patio.
In 2011 Boston Fish Market was granted a Conditional Use Permit to operate a Wholesale Goods
Establishment with Limited Accessory Retail Sales at 1225 Forest Avenue within the M-1, Limited
Manufacturing Zoning District. In addition to the wholesale and retail sales of fish products, a restaurant was
operating at the location. Restaurants are not a permitted use in the M-1 Zoning District, but are permitted
by right within the C-3 Zoning District. In 2013 the 1.5 -acre parcel at 1225 Forest Avenue, was reclassified
from the M-1, Limited Manufacturing Zoning District to the C3, General Commercial District to allow for
the legalization of a 560 square foot dining area within the facility. At the time 50 parking spaces were shown
on the approved plans.
The existing floor plan within the 28,683 square foot building includes warehouse and food processing areas,
refrigeration and freezer areas, as well as shipping and receiving and office areas adjacent to the interior truck
dock. An additional 2,400 square -foot dining area is proposed in front of the retail counter. There are 56
parking spaces shown on the proposed site plan, where 75 parking spaces are required for the proposed office,
food processing, and interior restaurant operations. Per Department policy the seasonal outdoor dining areas
Case #15-060-V- 782 W. Oakton-Variance Requests
Case #15-046-V-1225 Forest Avenue
October 13, 2015
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do not require additional parking spaces.
A traffic study was prepared by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) in October 2010 with
an addendum to include the retail sales use completed in October 2011. The initial study concluded: that the
facility was projected to generate a very limited volume of traffic, especially during the critical morning and
evening peak hours; generate less traffic than other uses that could occupy the site; that the existing three
access drives will be sufficient to ensure efficient and orderly access with limited impact on Forest Avenue;
and that the proposed facility would have a limited impact on the operation of the Lee Street/Forest Avenue
intersection. The addendum found that the low volume of additional traffic to be generated by the retail space
would have limited, if any, impact on the operation of the roadway system.
The Mannheim Road/Forest Avenue intersection is scheduled to be improved to provide (1) a traffic signal,
(2) a separate left -turn lane, a through lane and a shared through/right-turn lane on both approaches
of Mannheim Road and (3) a separate left -tum lane and a shared through/right turn lane on both
approaches of Forest Avenue.
A second addendum to the traffic study was prepared in August of this year to address the proposed expansion
of the restaurant use. The addendum evaluated the traffic volumes, loading dock operations, and parking.
The addendum noted that while the area for indoor seating would increase, the area of outdoor seating shown
on the plans would decrease from existing conditions. The addendum also notes that "With a total of 56
parking spaces, it can be seen that the parking to be provided with the expansion may not meet the peak
parking demand of the expanded facility. However, the owner of the facility has indicated that he will
obtain an agreement with one of the neighboring property owners to use their parking lot for overflow
parking. If necessary, the owner has also indicated that he may use valet parking to increase the number of
vehicles that could be accommodated within the facility's parking lot."
The requested variation of 19 parking spaces is 25% of the 75 required spaces. Per Section 12-3-6.F of the
Zoning Ordinance, a parking variation of up to 30 percent may be approved by the Zoning Board of Appeals
as a standard variation.
Recommendation: Staff does not recommend approval of the above -requested parking variation at this time
based on review of the information presented by the applicant and the standards and conditions imposed by
Section 12-3-6.H (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance.
Staff believes that the Zoning Board of Appeals should not approve a variation without an executed off-site
parking agreement for a minimum of 19 parking spaces. The Zoning Board may deny the application or
continue the case until an agreement is brought before the board. If the applicant obtains a long-term (5 -year
minimum) off-site parking agreement within 500 feet of the property that is executed and recorded with the
Cook County Recorder of Deeds, staff would recommend the following conditions of approval:
1. Fencing and gate shall be removed from the entrance to the West Parking lot. A minimum of
21 spaces shall be located outside of a gated area.
2. Petitioner shall install signage to indicate the location of customer and employee parking areas.
3. Petitioner shall install signage to direct customers to the location of off-site parking.
4. All parking spaces shown on the Site Plan (Exhibit B) shall be accessible for the parking of
vehicles and kept clear of debris.
Zoning Board of Appeals Procedure
Under Section 12-3-6.F of the Zoning Ordinance (Variations) the Zoning Board of Appeals has the authority
to approve, approve subject to conditions, or deny the above-mentioned variance for a reduction in parking
in the C-3 zoning district.
Case #15-060-V- 782 W. Oakton-Variance Requests
Case #15-046-V-1225 Forest Avenue
October 13, 2015
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A 5th Condition is recommended to have this "License Agreement" document recorded by the Cook County
Record of Deeds.
Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. There was no one in
the audience.
Board Member Catalano asked where Condition #1 was left. Mr. Arena advised — the gate would not be
moved as it is costly to the owner. Board Member Saletnik reminded about customers not feeling comfortable
parking on the other side of the gate. Chairman Szabo advised it is a sign issue. Mr. Arena agreed and stated
there would be signage. Board Member Hofherr inquired if the gate would be closed after the restaurant is
closed.
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to approve as
presented and include a 5th Condition as follows:
• to place signage stating there is parking available in the Aldi parking lot
• to record the "License Agreement" document by the Cook County Record of Deeds
• while the gate is open, the restaurant will be open; the gate will be closed when the restaurant
is closed
AYES: Saletnik, Catalano, Green, Hofherr, Schell, Szabo
NAYES: None
"""MOTION CARRIED UNANIMOUSLY*
ADJOURNMENT
On a voice vote, the meeting was adjourned at 7:45 p.m.
Sincerely,
Gale Cerabona
Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners