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05/08/2012DES PLAINES ZONING BOARD OF APPEALS May 8, 2012 MINUTES The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, May 8, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hofherr, Porada, Saletnik, Schell, Seegers, Szabo ABSENT: None Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:34 P.M. Chairman Seegers directed that the following cases would be heard: Case 12 -013 -CU: 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. Case 12-019-V: The petitioner is requesting variations to Sections 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of an approximately 16.5 -foot high, 1,309 square foot accessory building (public swimming pool mechanical building), instead of a maximum height of 15 -feet and maximum area of 720 square in the R-1 Zoning District. Board Member Szabo said he would be abstaining from Case 12-019-V. Board Member Schell said he would be abstaining as well. A motion was made by Board Member Catalano seconded by Board Member Szabo to approve the minutes of the April 24, 2012, hearings as submitted. AYES: Catalano, Hofherr, Porada, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED 1011 E. Touhy Avenue Case 12 -013 -CU 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. Petitioner: Aquarius Institute of Computer Sciences, Jameel Ahmed, 1011 E. Touhy Avenue, Suite 335, Des Plaines, IL 60018 Owner: ADM2 LLC, 1011 E. Touhy Avenue, Des Plaines, IL 60018 Case # 12 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 2 The following individuals were sworn in: Jameel Ahmed, 1011 E. Touhy Avenue, Suite 335, Irfan Khan, Jeff Nordhaus, and Scott Rightnowar (representing the building owner) Petitioner Ahmed introduced himself and gave an outline of the presentation Petitioners would be giving. Petitioner Ahmed gave the Aquarius Institute's mission statement, gave a brief history of the Aquarius Institute and described the job skills that would be trained at the Aquarius Institute. This training included training in the Allied Health Care field. Petitioner Ahmed then gave the Aquarius Institute's graduate success rate. Chairman Seegers asked where the diagnostic center is located where students currently train at while attending the Aquarius Institute. Petitioner Ahmed said the Aquarius Institute's students train at facilities in Hoffman Estates, Des Plaines, and Chicago. Chairman Seegers asked where they were previously located. Petitioner Ahmed told him 911 E. Touhy Avenue. Petitioner Khan took the podium and introduced himself as the operations manager. He gave a traffic overview of the surrounding area of the Aquarius Institute and said that the Aquarius Institute would be operating on off-peak hours. Weekday evening classes would be from 6-10 PM and Saturday classes would be 9AM to 4PM. He said the Aquarius Institute has a maximum enrollment of 40 students and was designed that way so that it could operate in a commercial building. Petitioner Khan then showed a letter submitted to Mr. Mangum requesting a waiver of the traffic study requirement for a conditional use permit. He said he believed, based on the Zoning agenda that the Commission agreed to waive the traffic study requirement due to two reasons: 1) the Aquarius Institute has a maximum enrollment of only 40 students, and 2) the Aquarius Institute operates during off-peak hours and would have little impact on surrounding traffic. Petitioner Khan then went over the layout of the proposed facility. There would be parking lots on the North, West, and East sides of the building. During the proposed off-peak hours of operation, the parking lots are relatively empty. There would also be handicap accessibility throughout the building, including handicap parking, elevators, and bathrooms. He introduced drawings of the proposed site. The proposed site measures out to 1, 414 square feet. The site has three office rooms, a kitchen area, and a waiting area. The Aquarius Institute has been granted the right to use conference rooms as well for classrooms. The classrooms can fit 10-16 people. He explained that the business hours of operation would be Monday through Friday 9AM-5PM and Saturday 10:30AM-4PM. He went on to explain that each student is given a conduct and courtesy policy that must be followed. That policy can be found in the Aquarius Institute's catalog. The policy states that students must act in a professional business manner at all times. Students must sign off on this policy during orientation. There will also be a janitorial staff. Petitioner asked for questions; no one had any. Petitioner Nordhaus introduced himself and said he is in charge of admissions and job development for the Aquarius Institute. He explained what training programs would be offered. Those programs include MRI technologist, ultrasound and sonography technician, medical assistant, EKG technician, and medical billing and coding. He then listed the training staff and its various qualifications and accreditations. There are four part-time instructors at the Aquarius Institute. The Aquarius Institute is approved by the Illinois State Board of Education as well as three national accrediting firms. There would be a summer session beginning in June or July and a winter session beginning in January or February. Case # 12 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 3 He described the tuition costs and various payment options including an interest free payment plan. He said they have WIA grants and offer job placement assistance to its students. The Aquarius Institute does not guarantee job placement. He asked for questions. Chairman Seegers asked if the students get a degree or certificate. Petitioner Nordhaus said when students complete their coursework at the Aquarius Institute, they get a certificate. They can then sit for a national board exam to get nationally accredited in order to work in the health care field. Chairman Seegers asked if there were varying segments or whether it is all one classification? Petitioner Nordhaus said that there are varying segments depending on the area of study. Board Member Hofherr asked if Dr. Harinson listed in the sheet is an MD, PhD, or something different? Petitioner Ahmed said he is a chiropractor, a DC. Mr. Rightnowar said the Aquarius Institute would fit well within the overall scheme of the business building. He said the tenant came out of the same zoning (20 yards off the property) and was forced to move because the previous owner of his old building became insolvent. He said the Aquarius Institute is a good fit and would operate when the office tenants are not present. Thus, he sees no conflict. Chairman Seegers asked if there were any questions from the Board. There were none. He then asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: 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 Aquarius Institute of Computer Sciences, Jameel Ahmed, 1011 E. Touhy Avenue, Suite 335, Des Plaines, IL 60018 Owner ADM2 LLC, 1011 E. Touhy Avenue, Des Plaines, IL 60018 Plan of Operation Operate a commercial school to train students in technology and health related fields with classes for up to 40 students during the hours of 6-10pm Monday -Friday and 9am-4pm on Saturdays. Office hours from 9am-5pm Monday -Friday and 10:30-4pm on Saturday with up to 5 employees. Existing Use Multi -tenant office building Surrounding Land Use North: Office, Park East: Commercial (Hotels) South: Jane Addams Tollway West: Office Existing Zoning C-2, Limited Office Commercial Surrounding Zoning North: C-2, Limited Office Commercial, R-1, Single Family Residential East: C-2, Limited Office Commercial South: Tollway, City of Chicago West: C-2, Limited Office Commercial Street Classification This section of Touhy Avenue is an arterial street according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends Office for the site. Case # 12 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 4 The applicant, Jameel Ahmed for The Aquarius Institute of Computer Sciences, has requested a Conditional Use Permit to operate a Commercial School within an existing multi -story office building. The office building is part of an office park located at the southwest corner of Lee Street and Touhy Avenue in the C-2 Limited Office Commercial District. The Aquarius Institute of Computer Sciences, approved by the Illinois State Board of Education, provides career training relating to technology and health fields. Current training programs include MRI Technologist, UltrasoundlSonography Technician, Medical Assistant, Phlebotomy Technician, EKG Technician, Microsoft Office and Computerized Accounting, and Medical Billing and Coding. The school has relocated after being in operation in an office building at 911 E. Touhy Avenue for ten years. A maximum of 40 students are anticipated at any time, with a maximum of 5 staff members. The proposed school would be located in a 1,414 square -foot tenant space of the third floor of a multi -tenant building occupied by mostly office uses. Additional classroom space is available in the building's conference rooms. Three Classrooms (Classroom A, 281 square feet and 12 seats; Classroom B, 470 square feet and 12 seats; Classroom C, 747 square feet and 24 seats) would accommodate the anticipated 40 students. The building and office park have a substantial amount of surface parking which should be more than adequate for the number of students during the off-peak hours that classes occur. The petitioner has requested a waiver of the traffic study. Due to the nature of this request for a relatively small school operated 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 generally complies with the 2007 Comprehensive Plan, which recommends an office 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 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 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 5 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 well being 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 Touhy Avenue and Lee Street to access the building's surface parking lots. Touhy Avenue and Lee Street are arterial streets built with sufficient capacity to handle the volume of automobiles generated by the commercial school use. As proposed, the educational facility 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: As proposed, the commercial school appears to conform to all other zoning regulations. On-site parking is sufficient to serve the small (maximum 40 students) class sizes. 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 there were any questions from the Board. There were none. Chairman Seegers asked if anyone in the audience was in favor of the proposal. He then asked if anyone in the audience objected to the proposal. No one in the audience commented. Case # 12 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 6 A motion was made by Board Member Hofherr seconded by Board Member Szabo to recommend approval of 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: NAYES: Catalano, Hofherr, Porada, Saletnik, Schell, Seegers, Szabo None MOTION CARRIED 197 N. Eighth Ave Case 12-019-V The petitioner is requesting variations to Sections 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of an approximately 16.5 -foot high, 1,309 square foot accessory building (public swimming pool mechanical building), instead of a maximum height of 15 -feet and maximum area of 720 square in the R-1 Zoning District. Petitioner: John Hecker, Des Plaines Park District, 2222 Birch Street, Des Plaines, IL 60018 Owner: Des Plaines Park District, 2222 Birch Street, Des Plaines, IL 60018 Board Member Szabo recused himself because he bid on the masonry portion on the new construction. Board Member Schell also recused himself because of ongoing projects with WTI. Board Member Porada said he has had previous dealings with Petitioner, but those dealings are not enough to recuse himself. The following individuals were sworn in: John Hecker Des Plaines Park District, 2222 Birch Street, Des Plaines, IL 60018, Paul Cathey, and Bruce Cairns Petitioner Hecker introduced himself and stated his purpose. He wanted to point out he made the proper notifications to the residents. Also, a public meeting was held about 18 months ago about the pool at Prairie Lakes. He said every single person at the meeting wanted the pool. Plans are to break ground after the upcoming swim season is over, on or about August 15, 2012. The plan would be to open June of 2013. He said the mechanical building location was chosen specifically because of the location of utilities and the cost associated with having to relocate those facilities. It is cheaper to have a mechanical building near the deeper water and where the utilities currently are. Chairman Seegers asked if there were any questions. Board Member Porada asked Mr. Mangum to clarify if there were three elements to the petitioner's request. First, the height, 22' 4.5", of the structure exceeds the maximum of 15'. Second, the height of the accessory structure exceeds the height of the primary structure by 4". Third, the size of the accessory structure is 1,309 square feet which exceeds 720 square feet. Mr. Mangum told Board Member Porada he is correct. Board Member Porada asked Mr. Mangum where the 720 comes from? Mr. Mangum said 720 square feet is the maximum size for an accessory structure per the zoning ordinance. Board Member Porada asked if that was regardless of the size of the lot given that it's an R-1. Mr. Mangum told Board Member Porada he was correct. He clarified that the accessory structure requirements are more or less written in regards to residences, but they apply to all zoning districts. Board Member Porada asked Petitioner Hecker that in terms of the height of the building he is requesting, why he is looking at 22' instead of 15'. Board Member Porada asked if it is architectural or functional. Case # 12 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 7 Mr. Mangum interrupted to clarify that per the Zoning Ordinance the height of the structure is measured from the midpoint of the eaves and the ridge -line. The actual height that the Petitioners are requesting is 16.5', which is only an additional 1.5'. Petitioner Hecker said the additional 1.5' was for piping in the mechanical room; particularly, for the filtration system. Board Member Porada said the computation is the average between the eaves, which are 10' 9.5", and the ridge, which is 22.4'. Board Member Porada asked Mr. Mangum what the actual average is. Mr. Mangum said approximately 16.5'. Board Member Porada asked if 15' or less would be approved automatically. Mr. Mangum said 15' is a matter of right. Board Member Porada asked Petitioner Hecker if the additional height was for functional purposes. Petitioner Hecker said Board Member Porada was correct. Board Member Porada asked Petitioner if the accessory structure, the mechanical building, exceeding the height of the primary structure, the bathhouse, by 4" was also functional. Petitioner Hecker said Board Member Porada was correct. Board Member Porada asked if the 1,309 square feet instead of the 720 square feet is functional as well. Petitioner said yes, the additional area is needed to fit all the necessary equipment. Board Member Porada said under the city code in a request for a variance, the petitioner needs to show a hardship. Board Member Porada said Petitioner has shown a hardship. Petitioner needs to exceed the 15 feet as a matter of right so the pool can be operational. The same can be said for the mechanical structure size exceeding the primary structure by 4" because the pool could not function without that variance. The same goes for the size of the structure; it would be akin to shoving 8lbs of into a 5lbs sack. Petitioner said the term "accessory" is a misnomer. The mechanical room is not an accessory, it is a necessity. Board Member Porada said a garage or shed is typically an accessory structure. Board Member Porada said Petitioner has established a hardship for all three elements. Chairman Seegers said part of the reason was cost factors, which makes sense. He said it looks like they also considered aesthetics as well. He said it looks like Petitioners tried to carry the same motif across two different structures. Petitioner Hecker said they talked at one point about having it all connected. He said they would use the area between the two structures as a vending area. Board Member Saletnik wanted to make some comments along those lines. He said since it is a residential zoned area, the common accessory building would normally be a garage in a typical residential application. He said they could have built one building, and as it is for residents, they could have attached a garage and had no limits as to size. However, in the interest of good architecture, site planning, and mechanical physics, they broke it up into separate buildings that yield a more attractive design. Petitioner Hecker appreciated what Board member Saletnik said and he added that they wanted to take advantage of the curb appeal of the corner and have the bathhouse parallel with the parking lot in order to screen the parking lot from the patrons. Board Member Porada asked if the reason the mechanical structure was not attached was because of the placement of the utilities. Petitioner Hecker said that was the biggest part of it. Board Member Porada said Petitioner is in essence petitioning for an accessory structure that creates a hardship but is a benefit to the taxpayer. Petitioner said that was correct. Case # 12 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 8 Board Member Porada said Petitioner should be commended for putting itself in a position of having to obtain a variance for the greater good of minimizing cots to the taxpayers and aesthetics. Board Member Saletnik said besides utilities and besides the cost, it makes sense to do it this way aesthetically. Chairman Seegers asked if there were any other comments; there were none. Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: Issue: The petitioner is requesting variations to Sections 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of an approximately 16.5 -foot high, 1,309 square foot accessory building (public swimming pool mechanical building), instead of a maximum height of 15 -feet and maximum area of 720 square in the R-1 Zoning District. Analysis: Address: 197 N. Eighth Avenue Existing Zoning: R-1, Single Family Residential District Petitioner: John Hecker, Des Plaines Park District, 2222 Birch Street, Des Plaines, IL 60018 Owner(s): Des Plaines Park District, 2222 Birch Street, Des Plaines, IL 60018 In reviewing this variation request, staff has considered the following information: The Des Plaines Park District has plans to reconstruct an existing public pool, pool bath house, and mechanical building. The 178' by 184' lot (32,752 square foot), at 197 N. Eighth Avenue is a legal conforming lot with regards to width and size; however, it does not front on a public street but rather a 72 -space parking lot. A one story pool building and public swimming pool currently exist on site. The applicant has proposed to demolish and replace the existing 45 -year old structure with a 2,851 square -foot pool bath house (primary structure) and a 1,309 square -foot building to house the pool's mechanical equipment (accessory structure). The proposed accessory building would be taller and larger than is allowed for an accessory structure. As proposed the building height of the mechanical building measures approximately 16' 6", the average between the eaves (approximately 10'-9 1/2") and ridge level (22'-4 1/2"). This would exceed the maximum height allowed for an accessory structure of 15' to the midpoint. Additionally, the accessory structure would exceed the height of the primary structure by approximately 4". A variance has been requested to allow the accessory structure to be taller than 15' and taller than the height of the primary structure. The 1,309 square -foot accessory structure would also exceed the maximum allowable size of an accessory structure (720 square feet). In summary, two variations are requested: to allow an accessory structure, the mechanical building that is taller than allowed by code; and to allow an accessory structure that is larger in size than allowed by code. Recommendation: Staff recommends approval of the requested accessory structure 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. The Chippewa Pool property operates differently than a typical residential property and the operational needs of a large public pool create a unique situation where an accessory structure may need to be taller and larger than otherwise allowed. Additionally, the site configuration with respect to the location of present underground utilities dictates the location of the mechanical building. 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 Case # 12 -013 -CU— 1011 E. Touhy Avenue Case # 12-019-V — 197 N. Eighth Ave May 8, 2012 Page 9 deny the variances for an over -height and over -sized accessory structure. The City Council has the final authority on the project. Chairman Seegers asked if there were any questions from the Board. Board Member Porada asked Petitioner if the Park District meeting to award the contract is May 17. Petitioner Hecker said that he was correct. Board Member Porada asked Mr. Mangum if this issue would be before City Council the first Monday in June. Mr. Mangum said it would likely be in June. Chairman Seegers asked if anyone in the audience was in favor of the proposal. He then asked if anyone in the audience objected to the proposal. No one in the audience commented, however, two persons raised their hands in support of the proposal. A motion was made by Board Member Saletnik seconded by Board Member Hofherr to recommend annroval of variations to Sections 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of an approximately 16.5 -foot high, 1,309 square foot accessory building (public swimming pool mechanical building), instead of a maximum height of 15 -feet and maximum area of 720 square in the R-1 Zoning District. AYES: NAYES: Catalano, Hofherr, Porada, Saletnik, Seegers None MOTION CARRIED The meeting was adjourned at 8:27 p.m. by unanimous voice vote. Sincerely, A.W. Seegers, Chairman Seegers Des Plaines Zoning Board of Appeals cc: City Officials Alderm en Zoning Board of Appeals