05/27/2014Case #14-016-V 690 W. Kathleen Drive
Case #14-018-V 1451 Rand Road
May 27, 2014
Page 1
DES PLAINES ZONING BOARD MEETING
MAY 27, 2014
MINUTES
The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, May 27, 2014, at
7:30 p.m. in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Seegers, Szabo, Catalano, Saletnik, Hofherr, Schell, Porada
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. Chainnan Seegers 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 8, 2014.
AYES: Hofhenr, Saletnik.Szabo, Schell, Porada, Seegers
NAYES: None
ABSTAIN: Catalano
***MOTION CARRIED UNANIMOUSLY*"
NEW BUSINESS
1. Address: 690 W. Kathleen Drive Case Number: 14-016-V
Petitioner is requesting a variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as
amended to legalize the construction of a detached accessory structure (shed) with a rear setback of 3'-2"
and side setback of 3', where a 5' minimum side and rear setback is required in the R-1 zoning district.
PIN: 08-13-302-020-0000
Petitioner: Diane and David Guastafenri, 690 W. Kathleen Drive, Des Plaines, IL 60016
Owner: Diane and David Guastafenri, 690 W. Kathleen Drive, Des Plaines, IL 60016
Chainnan Seegers swore in Petitioner David Guastaferri, 690 W. Kathleen Drive, Des Plaines, IL 60016
Case #14-016-V 690 W. Kathleen Drive
Case #14-018-V 1451 Rand Road
May 27, 2014
Page 2
Mr. Guastaferri stated he & his wife have been in Des Plaines for 55 years. His father purchased the home in
the 1950s, & Mr. Guastaferri purchased it 2 years ago as he wishes to keep it in the family. Mr. Guastaferri
stated he illegally built a shed & erected it in the wrong place. He would like a variation to have it stay in its
current location. A drawing was provided, & Mr. Guastaferri explained his rationale:
• he is aware the shed is too close to the fence however he was not aware there should be a 5 ft.
setback; currently there is a 3ft. setback.
• if the shed is moved, it would interfere with landscaping/tree
• if the shed is moved to the center, his view would be comprised
• if the shed is moved to the side, the neighbor's view would be obstructed
Chairman Seegers asked:
• if the parcel beyond the property is a park. Petitioner advised — yes
Chairman Seegers asked the Board if there are any questions. There were none. Chairman Seegers asked Mr.
Mangum to summarize the staff report.
Issue: Petitioner is requesting a variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning
Ordinance, as amended: to legalize the construction of a detached accessory structure (shed) with a rear
setback of 3'-2" and side setback of 3', where a 5' minimum side and rear setback is required in the R-1
zoning district.
Analysis:
Address 690 W. Kathleen Drive
Existing Zoning R-1, Single Family Residential District
Petitioner Diane and David Guastaferri, 690 W. Kathleen Drive, Des Plaines, IL 60016
Owner(s) Diane and David Guastaferri, 690 W. Kathleen Drive, Des Plaines, IL 60016
PIN 08-13-302-020-0000
In reviewing this variation request, staff has considered the following information:
The approximately 56 -foot wide by 138 -foot deep (approximately 7,760 square foot) lot at 690 W.
Kathleen Drive is a legal conforming lot. A one-story brick single-family residence with a driveway and
attached two -car garage currently exists on site. Without a permit the applicant installed an 8 -foot by 10 -
foot storage shed and was cited by code enforcement personnel in October of 2013. Subsequently a permit
was issued for the shed to be located 5 -feet from the side and rear property lines, in compliance with
required setbacks. Upon inspection, the shed is actually located approximately 3 -feet from the side and3-
feet, two -inches from the rear property lines.
The applicant wishes to keep the shed in its present location to prevent interference with existing
landscaping and moving the already constructed shed. The applicant has supplied a letter from ComEd
granting permission for the shed to remain within the easement subject to conditions. This request, a
setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board
of Appeals.
Case #14-016-V 690 W. Kathleen Drive
Case #14-018-V 1451 Rand Road
May 27, 2014
Page 3
Recommendation: Staff recommends denial of the above -requested variation for the location of an
accessory structure 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 lot is legal conforming with regards to width, depth, and size and there does
not appear to be a demonstrated hardship or unique physical condition related to the property.
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 variances for the side -
yard and rear -yard setbacks in the R-1 zoning district.
Mr. Guastaferri made a correction, stating the home has a one -car garage rather than a two -car garage. Mr.
Guastaferri informed the Board of other home enhancements where he did comply with permits, etc. He
stated if the shed has to be moved, it would be moved across the yard.
Board Member Hofherr asked Staff regarding location, if the Petitioner placed the shed 5 ft. back, would he
have had to come before the ZBA. Mr. Mangum advised — no. Mr. Guastaferri advised that he would have
come for a variance anyway.
Chairman Seegers asked if Petitioner spoke with the neighbor. Mr. Guastaferri stated he has, & the
neighbor is in favor of keeping the shed where it is currently; in fact, both neighbors are in favor.
A motion was made by Board Member Szabo, seconded by Board Member Catalano, to approve the
front yard & side yard based on the unique location adjacent to the field, bike path, & park.
AYES: Szabo, Catalano, Saletnik, Seegers
NAYES: Hofherr, Schell, Porada
***MOTION CARRIED 4-3***
2. Address: 1451 Rand Road Case Number: 14-018-V
Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize the operation of a driving school (Commercial School) in the C-3
zoning district.
PIN: 09-17-205-126-0000
Petitioner: Anna Jakubiec, Warsaw Driving School, 772 Hanbury Drive, Des Plaines, IL 60016
Owner: Anthony Bottalla Trust, P.O. Box 31489, Chicago, IL 60631
Chairman Seegers swore in Petitioner Anna Jakubiec, Warsaw Driving School, 772 Hanbury Drive, Des
Plaines, IL 60016
Ms. Jakubiec stated she is moving the existing 20 -year business (her ownership of 9 years) to Des Plaines.
The school will accommodate classrooms only — no driving.
Case #14-016-V 690 W. Kathleen Drive
Case #14-018-V 1451 Rand Road
May 27, 2014
Page 4
Chairman Seegers asked:
• how many students will there be at a time? Ms. Jakubiec advised 10-12; the school is 450 sq. ft.
based on State requirement
• what are the hours? Ms. Jakubiec replied — in Summer, 12 noon-7pm, & in Winter, 5pm-7pm or
6pm-8pm
• if Petitioner is only occupying one rental area in development. Ms. Jakubiec advised — yes, & the
neighbors are in favor. There is one business on one side & two on the other. Personal vehicles will
not be parked there as her home is walking distance.
• if this business is mainly instructional? Ms. Jakubiec advised -- yes
Chairman Seegers asked the Board if there are any further questions. There were none. Chairman Seegers
asked Mr. Mangum to summarize the staff report.
Issue: Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines
Zoning Ordinance, as amended, to authorize the operation of a driving school (Commercial School) in the
C-3 zoning district.
Analysis:
Address 1451 Rand Road
Proposed Use Warsaw Driving School
Petitioner Anna Jakubiec, Warsaw Driving School, 772 Hanbury Drive, Des Plaines, IL
60016
Owner(s) Anthony Bottalla Trust, P.O. Box 31489, Chicago, IL 60631
PIN 09-17-205-126-0000
Plan of Operation Driving School would have two employees and operate onsite classes between
the hours of 12:00 p.m. and 7:00 p.m., while also picking up students off-site.
Existing Use Vacant Tenant space in Retail Building
Surrounding Land Use North: Commercial East:
Commercial South:
Townhouse/Multi-FamilyResidential
West: Commercial, Drive -Through Restaurant
Existing Zoning C-3, General Commercial
Surrounding Zoning North: C-3, General Commercial
East: C-3, General Commercial
South: R-3, Townhome Residential
West: C-3, General Commercial
Street Classification Rand Road is identified as an arterial road in the Comprehensive Plan.
Case #14-016-V 690 W. Kathleen Drive
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May 27, 2014
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Comprehensive Plan Comprehensive Plan recommends Community Commercial use for this site
The applicant, Anna Jakubiec for Warsaw Driving School, Inc., has requested a Conditional Use Permit to
operate a driving school that offers onsite classroom sessions. The maximum proposed capacity for the
classroom is 15 students. The classes would be held between the hours of 12:00 p.m. and 7:00 p.m. and a
maximum of two employees would be present. Commercial Schools require a Conditional Use Permit in the
C-3 zoning district. Warsaw Driving School, Inc. is a commercial driving school certified and licensed by
the State of Illinois.
The approximately 450 square -foot tenant space is located in a one-story multiple -tenant retail building at
1449-1455 Road. The building is located on a lot with a total area of approximately 8,250 square feet. The
site has approximately 12 parking spaces and is serviced by a curb -cut off of Rand Road, an arterial road.
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 proposed operation would accommodate a maximum of 15 students for classroom
sessions. The applicant states that typically students would either be dropped off for class by parents or picked
up from their homes by the school.
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 Commercial School is a conditional use in C-3, General Commercial Zoning District, as
specified in Section 7.3-6-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 Commercial School use generally complies with the 2007 Comprehensive Plan, which
recommends community commercial use for this 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 Commercial School is located within an existing one-story multi -tenant retail
building. No exterior modifications to the building are proposed.
D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses;
Comment: None of the functions of the Commercial School 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;
Case #14-016-V 690 W. Kathleen Drive
Case #14-018-V 1451 Rand Road
May 27, 2014
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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
comm unity;
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: The proposed Commercial School is not anticipated to create a large amount of additional traffic
or noise 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 use the existing curb cut on Rand Road to access the parking areas.
Rand Road is an arterial road built with sufficient capacity to handle the low volume of automobiles generated
by the Commercial School use. As proposed, the Commercial School would generate a 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 Commercial School is located within an existing commercial building. 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: It appears that the proposed use complies with all additional Zoning Regulations.
Recommendation: The Community Development Department recommends approval of the conditional use
permit request for the operation of a Commercial School, 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 the following Condition of Approval:
1. Prior to issuance of a business registration certificate, the defunct pole sign structure at the
Eastern property line shall be removed.
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 a Commercial School in the C-3 zoning
district. The City Council has the final authority on the project.
Case #14-016-V 690 W. Kathleen Drive
Case #14-018-V 1451 Rand Road
May 27, 2014
Page 7
Chairman Seegers asked if the Board has any questions. There were none. Chairman Seegers asked if
anyone in the audience is in favor of or objects. No one responded.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to
recommend approval to City Council for the Conditional Use Permit with one Condition as
presented.
AYES: Catalano, Hofherr, Szabo, Saletnik, Schell, Porada, Seegers
NAYES: None
***MOTION CARRIED UNANIMOUSLY* * *
OLD BUSINESS There was no Old Business.
Mr. Magnum advised that the next meeting will be on June 10, 2014.
ADJOURNMENT
Chairman Seegers adjourned the meeting at 7:55 p.m.
AYES: Catalano, Szabo, Hofherr, Saletnik, Schell, Porada, Seegers
NAYES: None
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners
* * *MOTION CARRIED UNANIMOUSLY* * *