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03/26/2013Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 1 DES PLAINES ZONING BOARD MEETING MARCH 26, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, March 26, 2013 at 7:30 P.M., in Roorn 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Saletnik, Szabo, Catalano, Poracla, Hofhenr, Schell ABSENT: None Also present was Alex Dambach, Director of Community and Economic Development Chairman Seegers called the meeting to order at 7:30 P.M. Roll call was made. Chairman Seegers read the summary of the case up for hearing. NEW BUSINESS Address: 1943 Big Bend Dr. Case Number: 12-077-V The petitioner is requesting a Standard Variation to Section 7.2-4(D) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize installation of a generator with a side yard setback of approximately 1.5 feet, where the minimum side yard setback allowed is 5 -feet within the R-1 Zoning District. PIN: 09-16-106-066-0000 Petitioner: John J. Viera, 1943 Big Bend Drive, Des Plaines, IL 60016 Owners): John J. Viera, 1943 Big Bend Drive, Des Plaines, IL 60016 Chairman Seegers swore in the petitioner, John Viera. Mr. Viera presents his case. Chairman Seegers asked which side of the house will the generator be placed. Mr. Viera stated that it will be on the right side. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 2 Chairman Seegers asked if he has discussed this with his neighbors. Mr. Viera stated yes he has the support from both his neighbors. Chairman Seegers asked if the generator will be place on stilts. Mr. Viera stated that it will be on a 4' stand. Chairman Seegers asked Director Dambach to summarize the staff 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 installation of a generator with a side yard setback of approximately 1.5 feet, where the minimum side yard setback allowed is 5 -feet within the R-1 Zoning District. Analysis: Address: 1943 Big Bend Drive PIN: 09-16-106-066-0000 Existing Zoning: R-1, Single Family Residential District Petitioner: John J. Viera, 1943 Big Bend Drive, Des Plaines, IL 60016 Owner(s): John J. Viera, 1943 Big Bend Drive, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The 55' by 159.38' (9,403 square -foot) lot, at 1943 Big Bend Drive is a legal conforming lot with regards to lot width, as the width is greater than the 55' that would be required of a new subdivision, and the lot size is above the minimum lot size (8,125 square feet would be required of a new subdivision). A two story brick single-family residence with driveway and attached two -car garage currently exist on site. The lot is located adjacent to the Des Plaines River and the entire property is within the floodway. The applicant has requested a variation to install a gas backup generator 1.5 -feet from the side (west) property line. As recommended by the City's Engineering Division because of the location in the floodway, the proposed generator would be elevated, sitting atop a 4 -foot high platform. The proposed location would be screened from both the street and a blank wall of neighbor's residence by fencing. A standard variation is required since the encroachment exceeds the setback requirement by more than 30 percent. Recommendation: Staff recommends approval of the above -requested side -yard setback variation 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. Staff believes that the side -yard setback variation is justified because the proposed location is further away from the river and between the existing buildings where it less likely to impact the flow of the river. Additionally, the proposed location would be screened from both the street and a blank wall of neighbor's residence by fencing. Zoning Board of Appeals Procedure: Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 3 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 variance for the side -yard setback in the R-2 zoning district. Chairman Seegers asks if any of the board members or anyone from the audience had questions. There were none. Chairman Seegers asked for a motion from the board. A motion was made by Board Member Saletnik seconded by Board Member Hofherr to annrove a Standard Variation to Section 7.2-4(D) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize installation of a generator with a side yard setback of approximately 1.5 feet, where the minimum side yard setback allowed is 5 -feet within the R-1 Zoning District. AYES: Saletnik, Hofherr, Seegers, Szabo, Catalano, Porada, Schell NAYES: None * * *MOTION CARRIED * * * * Chairman Seegers read the next case on the agenda. Address: 2250 E. Devon Case Number: 13-006-V The petitioner is requesting a Conditional Use Permit under Section 7.3-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of Commercial School in the C-2 District. PIN: 09-33-401-029-0000 Petitioner: Career Choice College, 210 E. Station Street, Suite 7, Barrington, IL 60010 Owner(s): Loukas Kozonis, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 Chairman Seegers swore in John Tucker. Mr. Tucker presented his case. Chairman Seegers asked the hours of operation of his business. Mr. Tucker stated they will have morning and afternoon classes starting at 9:OOam and ending at 9:30pm. Chairman Seegers asked how long he's been in this business. Mr. Tucker stated he's been in this business for 30 years. Chairman Seegers asked the board members for any questions. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 4 Chairman Seegers asked Director Dambach to summarize the staff report. Director Dambach read the staff report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of Commercial School in the C-2 District. Analysis: Proposed Use Career Training School (Commercial School) Petitioner Career Choice College, 210 E. Station Street, Suite 7, Barrington, IL 60010 Owner Loukas Kozonis, 2200 E. Devon Avenue, Suite 314, Des Plaines, IL 60018 PIN: 09-33-401-029-0000 Plan of Operation Operate a commercial school to train students in Manufacturing CNC (Computer Numerical Control) and ESL (English as a Second Language) with classes for up to 125 students during the hours of 9:30 a.m. - 9:15 p.m. Monday - Friday and 9:00 a.m. - 1:00 p.m. on Saturdays with up to 9 employees. Existing Use Multi -tenant office building Surrounding Land Use North: Office East: Office, I-294 South: Office, West: Park, Single -Family Residential Existing Zoning C-2, Limited Office Commercial Surrounding Zoning North: C-2, Limited Office Commercial, East: C-2, Limited Office Commercial South: C-2, Limited Office Commercial West: R-1, Single Family Residential Street Classification This section of Devon Avenue is not identified as an arterial street in the City's Comprehensive Plan, but functions as an arterial street. Comprehensive Plan The Comprehensive Plan recommends Entertainment for the site. The applicant, John Tucker of Choice Career College, has requested a Conditional Use Permit to operate a Commercial School within an existing multi -story office building. The office building is part of the O'Hare Lakes Office Park located on the north side of Devon Avenue, west of the Tri-State (1-294) Tollway in the C-2 Limited Office Commercial District. Choice Career College states that they will provide career training relating to Manufacturing CNC (Computer Numerical Control) and ESL (English as a Second Language) with classes during the hours of 9:30 a.m. - 9:15 p.m. Monday -Friday and 9:00 a.m. - 1:00 p.m. on Saturdays. A maximum of 125 students are anticipated at any time, with a maximum of 9 staff members. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 5 The proposed school would be located in a 12,240 square -foot tenant space on the lower level of a multi -tenant building occupied by mostly office uses. Five Classrooms, two computer labs, and a learning center would accommodate the anticipated 125 students during evening hours. Not more than 65 students are anticipated during daytime hours. The building and office park have a substantial amount of surface parking which is anticipated be more than adequate for the number of students, especially during off-peak hour classes. The petitioner has requested a waiver of the traffic study stating that morning and afternoon classes will be limited to 65 students and evening classes will be limited to 125 students. Bus transportation will be provided for students to and from the CTA Blue Line at Rosemont and to and from the Metra Des Plaines stop. Due to the nature of this request for a school on a large office park with maximum operations during off-peak hours, staff has agreed to waive the traffic study. 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: Commend A commercial school is a conditional use in C-2, Limited Office Commercial Zoning District, as specified in Section 7.3-5-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 is not necessarily in compliance with the 2007 Comprehensive Plan, which recommends an entertainment use for this site. However, a commercial school is a conditional use within the C-2, Limited Office Commercial Zoning District and fits within the office park development. 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 would be located within an existing multi -story office 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: 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 # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 6 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: 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 because the operations are relatively small and the office park location accommodates a higher volume of users. 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 -cuts on Devon Avenue to access the building's surface parking lots. Devon Avenue functions as an arterial street built with sufficient capacity to handle the volume of automobiles generated by the commercial school use. As proposed, the educational facility 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 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: As proposed, the commercial school appears to conform to all other zoning regulations. On-site parking is sufficient to serve the (maximum 125 students) class sizes, with peak occupancy during evening and weekends hours. Recommendation: The Community and Economic Development Department recommends approval of the Conditional Use Permit modification request for the establishment 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. 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 the establishment of a commercial school in the C-2 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if anyone from the audience had any questions. Jim Russo from 3115 Patton Dr. was sworn in. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 7 Mr. Russo complained that his back yard faces this facility and has had trouble in the past with the traffic and fast cars going through and is concerned. Mr. Tucker stated that his business will be conducted at non -peak hours which will minimize the traffic situations. Most of his students will be taking public transportation. Chairman Seegers asked if the classes will be only on Monday through Friday. Mr. Tucker stated yes unless a holiday falls on the weekday, and then occasionally they will have class on Saturday. Commissioner Porada stated the police have no jurisdiction if it's on private property. Mr. Tucker stated to help the situation they will put in their policy the posted speed limit and if any fails to obey the policy will be grounds for dismissal. Chairman Seegers asked for any questions from commissioners or audience. None where raised. Chairman Seegers asked for a motion from the board. A motion was made by Board Member Hofherr seconded by Board Member to recommend approval for a Conditional Use Permit under Section 7.3-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of Commercial School in the C-2 District. AYES: Hofherr, Catalano, Seegers, Szabo, Porada, Schell, Saletnik NAYES: None ***MOTION CARRIED**** Chairman Seegers read the next case on the agenda. Address: 200 Jarvis Avenue Case Number: 13-007-V PIN: 08-25-400-006-0000 The petitioner is requesting a Major Variation under Section 7.4-5(D) of the 1998 Des Plaines Zoning Ordinance, as amended, to erect an approximately 78 -foot tall concrete batch plant where the maximum height allowed in the M-2 General Manufacturing District is 40 feet. Petitioner: Richard Slager, Ozinga RMC, Inc., 2222 S. Lumber Street, Chicago, IL 60616 Owner(s): Ozinga RMC, Inc., 19001 Old LaGrange Road, Mokena, IL 60448 Chairman Seegers swore in Richard Slager of Ozinga. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 8 Mr. Slager presented his case. Chairman Seegers asked if this variation is based on height only. Mr. Slager stated yes, everything else stays the same. Chairman asked the board members for any questions. Board Member Hofherr asked about his increase of business with the O'Hare Expansion and if the company will be involved with the roadwork on the toll way. Mr. Slager stated yes we will be bidding for that work. Chairman Seegers asked Director Dambach to summarize the staff report. Issue: The petitioner is requesting a Major Variation under Section 7.4-5(D) of the 1998 Des Plaines Zoning Ordinance, as amended; to erect an approximately 78 -foot tall concrete batch plant where the maximum height allowed in the M-2 General Manufacturing District is 40 feet. Analysis: Address: 200 Jarvis Avenue Existing Zoning: M-2, General Manufacturing Petitioner: Richard Slager, Ozinga RMC, Inc., 2222 S. Lumber Street, Chicago, IL 60616 Owner(s): Ozinga RMC, Inc., 19001 Old LaGrange Road, Mokena, IL 60448 PIN: 08-25-400-006-0000 In reviewing the variation requests, staff has considered the following information: The applicant is seeking a major variation for the height of a structure at 200 Jarvis Avenue. The 5.0 acre property is located on the north side of Jarvis Avenue. The asymmetrical shaped property is adjacent to public rights-of-way on three sides including an access road form the Des Plaines Oasis and an on-ramp to the I-90, Jane Addams Expressway. The adjacent parcel to the east is also located within the M-2, General Manufacturing District. The owner of the property, Ozinga RMC, Inc. utilizes its facility as a ready mix concrete producer taking raw stone materials and creating ready mix concrete that is distributed from the site by concrete mixing trucks. A 16,500 square foot masonry garage building is centrally located on the site. Given the above, the subject property has a building coverage which is significantly less than the 70 percent maximum permitted in the M-2 district. The applicant proposes to construct an approximately 78 -foot tall concrete batch plant behind the principal building. The applicant has provided a letter from the Federal Aviation Administration (FAA) allowing for construction up to 84 -feet above ground level. The applicant also stated that taller billboard structures are located in the vicinity of the proposed structure. Recommendation: Staff recommends for approval of the requested major variation 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 within the City of Des Plaines Zoning Ordinance. Being bordered by three rights-of-way, the property is relatively isolated. In addition, the type of structure proposed lacks the bulk of a fully -enclosed building and appears to be harmonious with the existing building and manufacturing zoned area. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 9 Zoning Board of Appeals Procedure: 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 requested height variation. The City Council has the final authority on the project. Board Member Szabo asked if they decided to put their logo up would they have to comply with the sign ordinance. Director Dambach stated yes they would. Mr. Slager stated that there are no plans to put any logo on the silos. Chairman Seegers asked for any questions from the commissioners or audience. None where raised. Chairman Seegers asked for a recommendation from the board. A motion was made by Board Member Szabo seconded by Board Member Catalano to recommend approval for a Major Variation under Section 7.4-5(D) of the 1998 Des Plaines Zoning Ordinance, as amended, to erect an approximately 78 -foot tall concrete batch plant where the maximum height allowed in the M-2 General Manufacturing District is 40 feet. AYES: Hofherr, Catalano, Seegers, Szabo, Porada, Schell, Saletnik NAYES: None ***MOTION CARRIED**** Chairman Seegers read the next case on the agenda. Address: 858 Greenview Avenue Case Number: 13-008-V The petitioner is requesting Standard Variations to Sections 7.2-4(D) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 31.2%, where a maximum of 30% is allowed and with a side yard setback of approximately 3.13 -feet, where a minimum setback of 5 -feet is required within the R-1 zoning district. PIN: 09-17-307-013-0000 Petitioner: Dennis and Anita O'Neil, 858 Greenview Avenue, Des Plaines, IL 60016 Owner(s): Dennis and Anita O'Neil, 858 Greenview Avenue, Des Plaines, IL 60016 Chairman Seegers swore in Dennis O'Neil. Mr. O'Neil presents this case. Chairman Seegers asks if the materials will be similar to what the house has now. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 10 Mr. O'Neil states it will be vinyl siding and the roof will match. Chairman Seegers asked Director Dambach to summarize the staff report. Issue: The petitioner is requesting variations to Sections 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 31.2%, where a maximum of 30% is allowed and with a side yard setback of approximately 3.13 -feet, where a minimum setback of 5 -feet is required within the R-1 zoning district. Analysis: Address: 858 Greenview Avenue PIN: 09-17-307-013-0000 Existing Zoning: R-1, Single Family Residential District Petitioner: Dennis and Anita O'Neil, 858 Greenview Avenue, Des Plaines, IL 60016 Owner(s): Dennis and Anita O'Neil, 858 Greenview Avenue, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The 44 -foot by 141.56 -foot (6,227 square foot) lot at 858 Greenview Avenue is a legal nonconforming lot with regards to both lot width and lot size in the R-1 District. A one and a half story frame single-family residence with a driveway leading to a detached two -car garage in the rear of the property exists on site. The applicant proposes to remove a previous rear addition and add a total of 462 square feet through a single story addition to the rear of the house with a basement level below. The applicant states that the addition will provide extra needed living area for the existing family and a relative with accessibility needs. The rear of the existing house already projects into the side setback. Because of the shape of the lot and orientation of the house, although the addition would be in line with the existing structure, it would encroach further into the side setback resulting is a setback of 3.13 -feet. The existing 988 square foot house and 490 square foot detached garage cover approximately 23.7% of the lot. The proposed addition would place the total building coverage at approximately 1,940 square feet (31.15%), where the zoning ordinance allows a maximum building coverage of 1,868 square feet (30%), thereby exceeding the allowable square footage by 72 square feet. Per Section 3.6-6 of the Zoning Ordinance, lot coverage of up to 20% over the maximum requirements and a setback variation of greater than 30% may be allowed as standard variations. Recommendation: Staff recommends approval of the above -requested setback and lot coverage variations 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. Staff is recommending approval of the variation as the subject lot is nonconforming in regards to both lot width and size and the addition would be in line with the existing structure. 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 lot coverage and side setback for an addition to a single-family residence in the R-1 zoning district. Case # 12-077-V - 1943 Big Bend Drive Case # 13 -006 -CU - 2250 E. Devon Avenue Case # 13-007-V - 200 Jarvis Avenue Case # 13-008-V — 858 Greenview Avenue March 26, 2013 Page 11 Chairman Seegers asked for a recommendation from the board. A motion was made by Board Member Szabo seconded by Board Member Catalano to approve a Standard Variation to Sections 7.2-4(D) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 31.2%, where a maximum of 30% is allowed. AYES: Szabo, Catalano, Hofherr, Seegers, Porada, Schell, Saletnik NAYES: None A motion was made by Board Member Szabo seconded by Board Member Catalano to approve a Standard Variation to Sections 7.2-4(D) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a side yard setback of approximately 3.13 -feet, where a minimum setback of 5 -feet is required within the R-1 zoning district. AYES: Szabo, Catalano, Hofherr, Seegers, Porada, Schell, Saletnik NAYES: None ***MOTION CARRIED**** The meeting was adjourned at 8:15 p.m. by unanimous voice vote. Sincerely, Arnie Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioner