09/11/2012DES PLAINES ZONING BOARD OF APPEALS
September 11, 2012
MINUTES
The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, September
11, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD OF APPEALS
PRESENT: Porada, Saletnik, Schell, Seegers, Szabo
ABSENT: Catalano, Hofhetr
Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development.
Chairman Seegers called the meeting to order at 7:31 P.M.
Chairman Seegers directed that the following cases would be heard:
Case 12 -047 -CU:
The petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize the construction and operation of an office building in the C-1 District.
Case 12-051-V:
The petitioner is requesting Variations to Section 7.2-4-D of the 1998 Des Plaines Zoning Ordinance, as amended,
to demolish and replace an existing legal nonconforming garage with a 2.82 -foot (east) side yard setback, where a
minimum of 5 -feet is required within the R-1 Zoning District.
Case 12-052-V:
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 the construction of an addition to an existing single family residence with a building coverage
of approximately 34%, where a maximum of 30% is allowed within the R-1 Zoning District.
Chairman Seegers asked if there was a motion to approve the August 28, 2012 minutes.
Before a motion was made, Board Member Porada said at the top of page 3 of the August 28, 2012 minutes, the "A"
and "P" should be capitalized in "aggressive plumbing". Also, the text starting at the bottom of page 3 that says,
"Chairman Seegers asked Petitioner how much square space he would be taking" through the text on page 5 that
says "Board Member Szabo said Petitioner's proposed use is in line with the other businesses on Redeker Road and
would fit well" should be omitted because it is duplicative of the text on page 2 and 3.
A motion was made by Board Member Porada seconded by Board Member Szabo to approve the minutes of
the August 28, 2012, hearings as amended.
AYES: Porada, Saletnik, Schell, Seegers, Szabo
NAYES: None
MOTION CARRIED
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 2
2514 E Ballard Road Case 12 -047 -CU
The petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize the construction and operation of an office building in the C-1 District.
Petitioner: Ae Hee Yum, 1455 E. Golf Road, Suite 207, Des Plaines, IL 60016
Owner(s):
Ae Hee Yum and Phil Joo Yum, 1455 E. Golf Road, Suite 207,
Des Plaines, IL 60016
The following individual was sworn in:
Walter Dohrmann, 3501 Woodhead Drive, Northbrook, IL 60062
Ae Hee Yum, 1455 E. Golf Road, Suite 207, Des Plaines, IL 60016
Petitioner brought in an updated landscaping plan, a furniture plan, and a color elevation plan for the proposed
building.
Chairman Seegers asked which elevation would face Ballard.
Petitioner said the south elevation.
Chairman asked if the west elevation would face Good.
Petitioner said it would.
Board Member Szabo asked the owner if she had received any inquiries regarding the sign from anyone in the
neighborhood.
Mrs. Yum said not yet.
Chairman Seegers asked if the exterior would be masonry.
Petitioner said it would be.
Board Member Porada asked Mr. Mangum asked if the case that most recently before the ZBA regarding this
building, Case # 09 -019 -CU, was for a 5, 177 square foot office building.
Mr. Mangum said that was correct.
Board Member Porada asked if the lot size has changed.
Mr. Mangum said proposal has stayed relatively the same. The only difference being there was parking under the
building before and now there would not be parking under the building.
Board Member Porada asked Mr. Mangum if the zoning, C-1, has changed since the previous case.
Mr. Mangum said it has remained a C-1.
Mrs. Yum said the square footage is greater for this proposal because the indoor parking has been eliminated.
Board Member Szabo said the main concern with the previous case was that there would be greater traffic directed
toward Ballard Road. He said the proper changes were made three years ago and they look to still be in place.
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:
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 3
Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize the construction and operation of an office building in the C-1 District.
Analysis:
Proposed Use
Office Building (Home Health Care Office)
Petitioner Ae Hee Yum, 1455 E. Golf Road, Suite 207, Des Plaines, IL 60016
Owner
Ae Hee Yum and Phil Joo Yum, 1455 E. Golf Road, Suite 207,
Des Plaines, IL 60016
PIN 09-15-308-017
Plan of Operation Operate an office building with 3-5 employees, open Monday -Friday from 9am-
5pm.
Existing Use Vacant building in process of demolition.
Surrounding Land Use
North: Single Family Residential
East: Single Family Residential
South: Tavern, Commercial
West: Single Family Residential
Existing Zoning C-1, Neighborhood Shopping District
Surrounding Zoning
North: R-1, Single -Family Residential
East: C-1, Neighborhood Shopping District
South: C-3, General Commercial
West: R-1, Single -Family Residential
Street Classification Ballard Road is a collector road.
Comprehensive Plan The Plan recommends a single-family residential use for this site.
The applicant, Ae Hee Yum has requested a Conditional Use Permit to authorize the construction and operation of
an office building in the C-1, Neighborhood Shopping District. The home health care office use would be open
Monday through Friday from the hours of 9am-5pm and employ 3-5 persons at the office location.
An office use requires a Conditional Use Permit in the C-1 zoning district. The applicant received a Conditional Use
Permit (00 -45 -CU) in 2000 to establish an office, clinic, and adult day care center in a C-1 Neighborhood Shopping
District. A new Conditional Use Permit is required because of the proposed demolition/destruction of the existing
one-story structure. A Conditional Use permit (09 -019 -CU) for a new 5,177 square -foot office building was
approved in 2009, but construction did not begin and the approval has since lapsed.
The approximately 5,952 square -foot building would be located at the Northeast corner of Ballard Road and Good
Avenue. The lot is approximately 144' by 140' with a total area of approximately 20,225 square feet. The proposed
site plan has 24 parking spaces and is serviced by existing curb -cuts off of Ballard Road and Good Avenue.
The 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 small office building is not anticipated to generate a significant amount of traffic.
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 4
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 An Office is a conditional use in C-1, Neighborhood Shopping Zoning District, as specified in Section
7.3-4-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 office use conflicts with the 2007 Comprehensive Plan, which recommends a single family
residential use for this site. However, the current zoning for the property is commercial and the current use of the
site is an office use.
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 home health care office would be located within a new two-story office building. The
proposed structure is a significant upgrade from the existing, somewhat dilapidated, building that is in the process of
being demolished.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: None of the functions of the small scale office building 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 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 office use 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:
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 5
Comment: The proposed project would use the existing curb cuts on Ballard Road and Good Avenue to access the
parking area. Ballard Road is a collector road built with sufficient capacity to handle the volume of automobiles
generated by the office use. As proposed, the office building 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 plan proposes to demolish the existing one-story office building and remove some existing trees.
However, the proposed plan would not cause the destruction, loss, or damage of any natural, scenic or historic
features of major importance and would result in the construction of a more modern office building with sufficient
landscaping.
J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to
the Conditional Use requested:
Comment: As proposed, the Office Building appears to conform to all other zoning regulations.
Recommendation: The Community Development Department recommends approval of the conditional use permit
request for the construction operation of an office building, 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 the issuance of a certificate of occupancy, the applicant shall remove the existing wood privacy
fence. If a replacement fence is constructed, the fence shall be a decorative wrought -iron style fence with
greater than 75% transparency.
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 an office building in the C-1 zoning district.
The City Council has the final authority on the project.
A motion was made by Board Member Szabo seconded by Board Member Saletnik to recommend approval
of a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to
authorize the construction and operation of an office building in the C-1 District.
AYES:
NAYES:
Porada, Saletnik, Schell, Seegers, Szabo
None
MOTION CARRIED
1664 Van Buren Avenue Case 12-051-V
The petitioner is requesting Variations to Section 7.2-4-D of the 1998 Des Plaines Zoning Ordinance, as amended,
to demolish and replace an existing legal nonconforming garage with a 2.82 -foot (east) side yard setback, where a
minimum of 5 -feet is required within the R-1 Zoning District.
Petitioner: Paulette Ciofani, 1664 Van Buren Avenue, Des Plaines, IL 60018
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 6
Owner: Paulette Ciofani, 1664 Van Buren Avenue, Des Plaines, IL 60018
The following individual was sworn in:
Paulette Ciofani, 1664 Van Buren Avenue, Des Plaines, IL
Petitioner Ciofani introduced herself and explained her request
Chairman Seegers told Petitioner that the fence is not on the property line. He asked Petitioner if she is asking for a
setback variation from the south and the west side of the garage.
Petitioner said she is looking for a setback variation from the south property line.
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 Section 7.2-4.D of the 1998 Des Plaines Zoning Ordinance, as
amended, to demolish and replace an existing legal nonconforming garage with a 2.82 -foot (east) side yard setback,
where a minimum of 5 -feet is required within the R-1 District.
Analysis:
Address: 1664 Van Buren Avenue
Existing Zoning: R-1, Single Family Residential District
Petitioner: Paulette Ciofani, 1664 Van Buren Avenue, Des Plaines, IL 60018
Owner(s): Paulette Ciofani, 1664 Van Buren Avenue, Des Plaines, IL 60018
PIN: 09-21-300-021-0000
In reviewing this variation request, staff has considered the following information:
The 60' by 129' (7,740 square foot) lot at 1664 Van Buren Avenue is a legal conforming lot with regards to lot
width (55' would be required of a lot in a new subdivision) and exceeds the minimum lot size of 6,875 square feet.
A one and a half -story frame single-family residence with detached two -car garage currently exist on site. The 369
square -foot garage is located 2.76 -feet from the east (side) property line and approximately 3 -feet from the north
(rear) property line. The applicant proposes to demolish the garage and construct a new 20 -foot by 28 -foot (560
square foot) garage with a similar side setback of 2.82 -feet but a conforming rear setback of 5 -feet.
Per Section 3.6-6 of the Zoning Ordinance, a setback that projects more than 30% into the required setback may be
allowed with a standard variation.
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. The area available for a garage is
limited due to existing accessory structures and the proposed garage would not be any closer to the property line that
the existing garage. In fact, the rear setback would become conforming as proposed.
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 disapprove the above-mentioned variance for the side -yard setback for
an accessory structure (garage) in the R-1 zoning district.
Board Member Szabo asked Petitioner what she intended to do with the 5' behind the garage.
Petitioner said she was considering putting in stone.
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 7
Chairman Seegers asked if there were any other comments; there were none.
A motion was made by Board Member Szabo seconded by Board Member Saletnik to approve Variations to
Section 7.2-4.D of the 1998 Des Plaines Zoning Ordinance, as amended, to demolish and replace an existing
legal nonconforming garage with a 2.82 -foot (east) side yard setback, where a minimum of 5 -feet is required
within the R-1 District.
AYES:
NAYES:
Porada, Saletnik, Schell, Seegers, Szabo
None
MOTION CARRIED
378 Eighth Avenue Case 12-052-V
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 the construction of an addition to an existing single family residence with a building coverage
of approximately 34%, where a maximum of 30% is allowed within the R-1 Zoning District.
Petitioner: Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
Owner: Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
The following individual was sworn in:
Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
Petitioner introduced himself and explained his request. He said he has a hardship in the winter due to snow
accumulation.
Chairman Seegers asked Petitioner if he had plans for the proposal.
Petitioner said he does not have plans yet, but he does have an architect that can prepare them.
Board Member Saletnik asked if the second floor would be habitable or just storage.
Petitioner said it would just be for storage.
Board Member Saletnik said Petitioner is expending a lot of money for a large roof and the space should be used as
a more functional space to enhance the property value.
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 a variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance,
as amended: to authorize the construction of a 1 1/2 -story addition to an existing single family residence with a
building coverage of approximately 34%, where a maximum of 30% is allowed within the R-1 zoning district.
Analysis:
Address: 378 Eighth Avenue
Existing Zoning: R-1, Single Family Residential District
Petitioner: Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
Owner(s): Leszek Zmyslowski, 378 Eighth Avenue, Des Plaines, IL 60016
PIN: 09-07-403-015-0000
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 8
In reviewing this variation request, staff has considered the following information:
The 50' by 123.95' (6,198 square foot) lot at 378 Eighth Avenue is a legal nonconforming lot with regards to both
lot width and lot size in the R-1 District. A one story frame single-family residence with driveway and 84 square
foot shed currently exist on site. The applicant proposes to add approximately 385 square feet to the footprint
through a second story addition that would also add first floor area for an attached garage. The applicant states that
the addition will provide indoor parking area for up to two vehicles in a tandem arrangement and attic storage space.
The existing house and attached garage cover approximately 26.1% of the lot. The proposed addition would place
the total building coverage at approximately 2,104 square feet (34%), where the zoning ordinance allows a
maximum building coverage of 1,859 square feet (30%).
Per Section 3.6-6 of the Zoning Ordinance, lot coverage of up to 20% over the maximum requirements may be
allowed with a standard variation. The applicant has also requested a building code variation to allow an 18' -wide
driveway that would be wider than the garage (parking pad). The City Council has authority over that request.
Recommendation: Staff recommends disapproval of the above -requested lot coverage 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 is recommending disapproval of
the requested 34% lot coverage variation, but would support approval of a more limited addition of a one -car garage.
A garage with a depth of 24 feet, for example, would allow for a visual break between the facade of the garage and
the front facade of the house while limiting the lot coverage to less than 32%.
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 variance for lot coverage for an addition to a
single-family residence in the R-1 zoning district.
Chairman Seegers asked if there were any other comments.
Board Member Saletnik asked Petitioner what kind of vehicles he owns and the lengths of the vehicles. He wanted
to know the length of the cars because Petitioner asked for a garage length of 34 feet and the normal garage stall
length is 18 feet.
Petitioner said he owns a Toyota Camry, Toyota Sienna, and Toyota Matrix. He said the Toyota Matrix is a very
small car and he is getting rid of the Toyota Camry. However, since the Toyota Matrix is so small, it can fit with the
Toyota Sienna in a 34 foot garage stall.
Board Member Saletnik said this is a single family residence without a garage and the surrounding area around the
residence has fairly large residences with two -car garages. He said the large roof structure would not be out of
character in the area. Moreover, not having a garage is not a self-imposed hardship; it is a hardship that is integral to
the property when it was purchased.
Board Member Szabo asked Petitioner if windows would be put in the new attic space if the proposal was approved.
Petitioner said he does not have a definitive plan for the structure; he had only planned for the footprint of the
proposal.
Board Member Szabo asked Petitioner what the plan for the common wall between the house and the proposed
garage would be.
Petitioner said he would fill in the three windows and add a door as an entrance to the house from the garage.
Board Member Saletnik asked Mr. Mangum if this type of addition would go before the Architectural Commission.
Mr. Mangum said he believed it would.
Case # 12 -047 -CU 2514 E Ballard Road
Case # 12-051-V 1664 Van Buren Avenue
Case # 12-052-V 378 Eighth Avenue
September 11, 2012
Page 9
Motion by Board Member Szabo seconded by Board Member Saletnik to approve a variation to Section 7.2-
4-D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of an
addition to an existing single family residence with a building coverage of approximately 34%, where a
maximum of 30% is allowed within the R-1 Zoning District.
AYES: Saletnik, Seegers, Szabo
NAYES: Schell, Porada
MOTION FAILED
Motion by Board Member Szabo seconded by Board Member Saletnik to continue until September 25, 2012.
AYES: Saletnik, Seegers, Szabo
NAYES: Schell, Porada
MOTION CARRIED
There was a discussion among the Board Members as to whether or not, and if so, how to inform future Petitioners
as to the rules and procedures when a full Board is not present.
The meeting was adjourned at 8:33 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