12/10/2013Case #13 -065 -CU -V 173 S. Wolf Road
December 10, 2013
Page 1
DES PLAINES ZONING BOARD ME.FTING
DECEMBER 10, 2013
MINUTES
The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, December 10, 2013 at
7:30 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Szabo, Saletnik Catalano, Porada, Hofherr, Schell
ABSENT Seegers
ALSO PRESENT Scott Mangum, Senior Planner, Department of Community & Economic Development
Gale Cerabona, Recording Secretary
Acting Chairman Szabo called the meeting to order at 7:33 p.m. Roll call was conducted. Acting Chairman Szabo
stated there are two cases on the agenda this evening however the second case, 650 Graceland Avenue/1351
Webford Avenue, Case Number: 13 -067 -CU has been recommendation for continuance for 1/14/14, as the
Petitioner will provide more information. The other case was read before the Zoning Board.
APPROVAL OF MINUTES:
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the
meeting minutes of November 26, 2013, as is.
AYES: Hofherr, Catalano, Saletnik, Schell, Porada, Szabo
NAYES: None
`**MOTION CARRIED UNANIMOUSLY***
NEW BUSINESS
1. Address: 173 S. Wolf Road Case Number: 13 -065 -CU -V
Petitioner is s 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, in
addition to auto service repair, on a site of less than 25,000 square feet in the C-3 Zoning District.
PIN: 09-18-200-006-0000
Petitioner/Owner:Hicham Odicho, 173 S. Wolf Road, Des Plaines, IL 60016
Case #13 -065 -CU -V 173 S. Wolf Road
December 10, 2013
Page 2
Acting Chairman Szabo swore in the Petitioner/Owner Hicham Odicho, 173 S. Wolf Road, Des Plaines, IL
60016.
Mr. Odicho introduced himself as the owner, and stated he is a certified mechanic who has been in
operation for over one year (as of 11/16/13). He added that his intent is to sell used cars. Due to the lot
size/smaller capacity, petitioner would like to sell 10 cars.
Board Member Porada asked:
• Staff if there's ever been a used car sales lot open on a Sunday -- adding that the law/state
regulation indicates car sales cannot occur on a Sunday. Mr. Odicho stated he is unaware of this
law. Staff didn't recall a lot open on Sunday. Board Member Porada stated he believes this law is
trying to be overturned.
Board Member Szabo asked Petitioner:
• to describe the ongoing operation. Mr. Odicho stated for the auto repair, the former owner had a
slow business. Since Mr. Odicho took over the business, revenue has increased (from previous
owner) and surpassed expectations via customers by 10 times.
Mr. Odicho continued that he is certified and has a degree from Lincoln College of Technology.
He added that he maximizes software programs, and stated old and new customers are happy.
When he took over the business, the customer number was at 1,100 and has since grown to 2,500
(just within the last year).
• How many mechanics are there? Mr. Odicho stated there were three but now there are two.
Board Member Porada asked:
• if Petitioner is aware of the conditions that Staff recommends (re: lighting, etc.). Mr. Odicho
advised — yes, stating landscaping is within code; he wishes to alter lighting, add fence, and
repave parking lot to include striping as noted in the plans.
• if Petitioner is aware that the number of vehicles being sold cannot exceed 7 (as Petitioner stated
10 earlier). Mr. Odicho concurred.
• Staff if Petitioner agrees that only 7 cars are requested. Staff & Mr. Odicho concurred.
• if used cars are operable (and without missing pieces). Mr. Odicho advised — cars will be drivable
and in good condition, adding that financing and warranties will be offered. 90% of cars will be
pre -owned (and high quality, from auctions). Petitioner advised if something needs repair, it will
be done as his reputation is at stake.
Acting Chairman Szabo asked the Board if there were any further questions. There were none.
Acting Chairman Szabo asked Mr. Mangum to summarize the staff report.
Issue: Petitioner is s requesting a 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, in addition to auto service repair, on a site of less than 25,000 square feet in the C-3 Zoning District.
Case #13 -065 -CU -V 173 S. Wolf Road
December 10, 2013
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Analysis:
Proposed Use: Motor Vehicles Sales in addition to Auto Service Repair
Petitioner/Owner Hicham Odicho, 173 S. Wolf Road, Des Plaines, IL 60016
PIN 09-18-200-006-0000
Plan of Operation Hours of operation for the auto sales use would be from 9:00 a.m. to 8:00 p.m.
on weekdays, Saturday from 9:00 a.m. to 6:00 p.m., striking Sunday hours.
Hours of operation for the auto repair use would be from 7:00 a.m. to 6:00 p.m.
on weekdays and Sunday from 8:00 a.m. to 4:00 p.m. Three employees would
be at the location. A maximum of 7 vehicles would be for sale.
Existing Use Auto Service Repair
Surrounding Land Use North: Multi -Family Residential
East: Multi -Family Residential
South: Single -Family Residential
West: Light Industrial
Existing Zoning C-3 General Commercial
Surrounding Zoning North: R-3, Townhouse Residential
East: R-3, Townhouse Residential
South: R-1, Single -Family Residential
West: M-1, Limited Manufacturing
Street Classification Golf /Wolf Roads are arterial roads according to the City's Comprehensive Plan
Comprehensive Plan Comprehensive Plan recommends Low -Density Mixed -Use for the site
The applicant, Hicham Odicho, has applied for a Conditional Use Permit for Motor Vehicle Sales at 173 S.
Wolf Road. The applicant currently operates an Auto Service Repair facility at this location, which is a
conditional use within the C-3 Zoning District. The approximately 12,000 square -foot triangularly shaped
lot at the northeast corner of Golf/Wolf Road and Seegers Road contains an approximately 1,764 square -
foot brick auto service repair shop with three repair bays. The site is currently accessed by two curb cuts off
of Golf/Wolf Road and one from Seegers Road. The applicant proposed to add motor vehicle sales to the
site. A major variation is sought because the lot is undersized compared to the 25,000 square -foot minimum
requirement.
The applicant has proposed site improvements by closing an existing driveway approach on Golf/Wolf
Road and adding a 7 -foot wide perimeter landscaping area with shrubs, trees, and a 3 -foot high ornamental
wrought -iron style fence around the Golf/Wolf Road and Seegers Road frontages. In addition, an 8 -foot tall
board on board wood fence would be installed along the northeastern property line that abuts multi -family
residential dwellings. To lessen the impact on the residence to the south of the facility conditions of
approval are recommended to limit the hours of operation, location of repair activities, and lighting.
Case #13 -065 -CU -V 173 S. Wolf Road
December 10, 2013
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The proposed plan of operation includes typical hours of operation for the auto sales use from 9:00 a.m. to
8:00 p.m. on weekdays, Saturday from 9:00 a.m. to 6:00 p.m., striking Sunday hours. Hours of operation
for the auto repair use would be from 7:00 a.m. to 6:00 p.m. on weekdays and Sunday from 8:00 a.m. to
4:00 p.m. Three employees would be at the location. A maximum of 7 vehicles would be for sale.
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: 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 Low -Density Mixed -Use for this area. The site is
also located within the Cumberland Transit Oriented Development study area. The Cumberland TOD plan
looked at the potential for row house style residential at this location. Transit agencies have also
commented that auto repair can be a complimentary use near commuter rail.
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 Wolf/Golf Road, an arterial road that
currently has an auto -oriented character in the area, but is located in close proximity to the Cumberland
Metra Station. 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, noise, lighting, and hours of
operation, 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
comm unity:
Case #13 -065 -CU -V 173 S. Wolf Road
December 10, 2013
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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 Usedoes 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: The proposed project would utilize one of the existing curb cuts on Golf/Wolf Road and the
existing curb but on Seegers Road for access. The second curb cut on Golf/Wolf Road would be closed as
part of the project. Based on information 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: No significant exterior building alterations are proposed. 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 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 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) 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 complete site
improvements as indicated on the Site and Landscape Plans.
2. Hours of operation shall be limited to: Monday -Friday: 7:00 a.m. to 8:00 p.m., Saturday 8:00
a.m. to 6:00 p.m, and closed on Sunday.
3. The number of vehicles for sale shall be limited to no more than 7.
4. All repair of vehicles shall occur inside the building.
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 to not more than 0.1 foot-
candles at the single-family residential property line and not more than 0.2 foot-candles at the
multi -family residential property line.
Case #13 -065 -CU -V 173 S. Wolf Road
December 10, 2013
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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.
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 and Major Variance for the
establishment Motor Vehicle Sales operation in the C-3 zoning district. The City Council has the final
authority on the project.
Acting Chairman Szabo asked the Board if there were any further questions.
Board Member Hofherr asked where cars will be for sale on the property. Petitioner presented a drawing
and noted location. Board Member Hofherr noted there are 8 parking spots minus the handicapped space
(on the north side); a suggestion is to relocate the handicapped parking space next to the men' slwomen's
rooms. Mr. Mangum advised there is a requirement for a handicapped space. Board Member Hofherr
maintained that more vehicle parking spaces could be maximized. Mr. Mangum concurred — it is possible.
Parking locations were identified on the Seegers Road side of the property. Mr. Odicho advised there is
another parking space on the other side of the building (near waste). Board Member Hofherr stated that
with more spaces, high auto sales in the City of Des Plaines, it makes sense to increase spaces. Mr. Odicho
is amenable to relocating the current handicapped space.
Acting Chairman Szabo asked if anyone in the audience is in favor of this petition. There were no
comments. Acting Chairman Szabo asked if anyone in the audience objects. Mr. James Ulett, 445 Rose
Avenue, Des Plaines, IL, came forward, and Acting Chairman Szabo swore in the resident.
Mr. Ulett advised he has gathered questions and opinions from neighbors i.e.:
• What is the access into the property and lighting will shine into the homes across the street? One
can only access the property by travelling under the bridge, in a northeasterly direction, or north
on Wolf Road to enter Seegers Road. If cars travel in opposite direction, they must turn around in
a residential area (and the Cumberland Circle is one of the worst in the state). The concern is
lighting and availability of access.
• Also, there are two auto shops in the area. Another concern is there are too many used car
operations, and do we really need more?
Board Member Hofherr advised — there is a meeting with IDOT regarding the Cumberland Circle (at
Chippewa School). Petitioner agreed this is a good thing however the topic at hand is concerning
lighting. Mr. Mangum advised — the meeting regarding the traffic circle is at Chippewa School
tomorrow evening.
Board Member Saletnik stated the Gleason's lot is pretty desolate now. One would have to turn around
if there is traffic on Golf Road. If there is no traffic, one could turn left from westbound Golf Road. If
going north on Wolf Road, one could enter on Seegers Road. During daytime hours, there would be no
problem. Having lived on Oxford Road, Board Member Saletnik stated he always walked to pick up
his car and didn't then nor now see this as a high -traffic problem. The former owner (Ray) had a
rundown building. This Petitioner is beautifying the property which will enhance the neighborhood.
Board Member Porada asked Staff to restate the lighting condition/ordinance; Mr. Mangum obliged, and
stated this is a code within Article 12. Mr. Mangum reminded the Petitioner to forward a photometric plan.
Case #13 -065 -CU -V 173 S. Wolf Road
December 10, 2013
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Mr. Ulett asked if lights would be shielded. Petitioner & Architect referenced last page of drawings:
• 2 poles will be fixed
• 0.0 ft. candles face homes therefore lights will face the parking lot. Lights will only operate until
9pm.
Mr. Ulett thanked the Board for allowing him to speak.
Board Member Porada asked Mr. Ulett if he is still on the EDC and asked his position — as it seems
contrary to what we're doing in Des Plaines to improve business. Traffic patterns were again identified. Mr.
Ulett responded that he has been on the EDC for 22 years, which has nothing to do with this petition. He
stated he is present this evening as a resident to share opinions of neighbors, and this business would appear
to increase traffic.
Board Member Saletnik mentioned there is another residence mon Seegers ( no f which facos G if
Road) that has the brunt of lighting from car headlightsfor which the Eastbound traffic on Golf Road
creates more substantial lighting nuisance from their headlights than the light that may be generated by the
petitioner's property. He contended the traffic is negligible (based on living in the area for more than 40
years).
Board Member Porada shared with Mr. Ulett that his comments were not intended to be combative. Mr.
Ulett asked that the minutes reflect that he is not here representing the EDC. Acting Chairman Szabo
concurred that this would be reflected.
A motion was made by Board Member Catalano, seconded by Board Member Saletnik, to recommend that
the City Council approve this Conditional Use and Variance with conditions 1, 3, 4, 5, 6, and 7 as stated and
amending that Condition #2 reflects that the business will be closed on Sunday for auto sales.
AYES: Catalano, Saletnik, Schell, Hofherr, Porada, Szabo
NAYES: None
* * *MOTION CARRIED UNANIMOUSLY* * *
OLD BUSINESS There was no Old Business.
The meeting was adjourned at 8.22 p.m. by unanimous voice vote.
Sincerely,
Gale Cerabona
Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners