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09/14/2010DES PLAINES ZONING BOARD OF APPEALS SEPTEMBER 14, 2010 MINUTES The Des Plaines Zoning Board of Appeals held its regularly scheduled meeting on Tuesday, September 14, 2010, 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, Seegers ABSENT: Szabo 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. A motion was made by Saletnik, seconded by Hofherr, to approve the minutes of the June 29, 2010; July 13, 2010; and August 10, 2010 hearings. AYES: Saletnik, Hofherr, Catalano, Porada, Seegers NAYES: None MOTION CARRIED Case #10 -046 -CU - 701 Lee Street ZBA Procedures September 14, 2010 Page 2 Case #10 -046 -CU— 701 Lee Street Request: A Conditional Use Permit under Section 7.3-8-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a language school (Commercial School) in the C-5 District. Mr. Yoon Gon Ji, International Education Institute, 1507 Rand Road, Des Plaines, Illinois, was sworn in to give testimony in this case. Mr. Ji stated he currently operates the language school at 1507 Rand Road but anticipates more people will require English lessons and found the perfect space at 701 Lee Street. Mr. Ji stated the request is to operate the business at the 701 Lee Street location. Chariman Seegers inquired as to the amount of space that would be leased. Mr. Ji stated that approximately 3,115 square feet on the first floor would be leased. Chairman Seegers inquired as to the hours of operation. Mr. Ji stated the 2011 hours as Monday through Friday from 9:00 A. M. to 5:00 P. M. Mr. Ji anticipated 2012-2013 hours to be Monday through Friday, 9:00 A. M. to 9:00 P. M. and Saturday and Sunday, 9:00 A. M. to 5:00 P. M. Chairman Seegers inquired as to whether teaching consisted oflarge classes or individual lessons. Mr. Ji stated there are between 6 and 8 students per class in 5 classrooms. Mr. Ji stated there would not be more than 30 persons on premises at any given time. Chairman Seegers inquired as to whether a management office would be included. Mr. Ji stated it would. Chairman Seegers inquired as to the number of languages taught. Mr. Ji stated English was the only language taught. Referencing the photos contained in the Commissioners' packets, Mr. Porada inquired as to the location of the space Mr. Ji intends to lease. Mr. Mangum confirmed the space was located in the northwest corner of the building, where the former tenant was a bank. Referencing the Staff Report, Mr. Porada inquired as to the details of the Condition that required the windows to maintain full transparency. Mr. Mangum stated the Condition was intended to maintain transparency or prohibit any tinting or full obstruction of the windows. Mr. Porada noted that the photographs illustrated shades or blinds in other Ta floor tenant spaces. Mr. Porada inquired as to whether blinds or shades would be permitted. Mr. Ji confirmed he does not wish to block the windows, but would like blinds. Mr. Mangum confirmed blinds were permitted. Mr. Porada inquired as to the color desired. Mr. Mangum stated the color was not a consideration of the Condition. Mr. Catalano summarized the objective was for the windows to remain glass. Ms. Cindy Dixon, leasing broker for 701 Lee Street, Des Plaines, Illinois, was sworn in to give testimony in this case. Ms. Dixon stated she believes shades and/or vertical blinds existed on the north windows, facing the garage, and that vertical blinds existed on the 2nd floor. Ms. Dixon confirmed that the management company would require uniformed window treatments. Mr. Porada inquired as to whether partitions were permitted. Mr. Mangum stated the floor plan illustrating the proposed layout did not show partitions against the glass. Mr. Porada noted that cubicle dividers could be 8 -feet in height. Ms. Dixon confirmed no cubicles were planned. Mr. Porada stated his opinion that full transparency was not adequate. Mr. Porada suggested the Condition be amended to specify, "exterior window glass shall remain unobstructed with the exception of uniformed Case #10 -046 -CU - 701 Lee Street ZBA Procedures September 14, 2010 Page 3 window treatments". Mr. Hofherr stated, because uniformity was enforced by the management company, any such modification was unnecessary. Chairman Seegers called for the Staff Report to be read by Mr. Mangum. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-8-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a language school (Commercial School) m the C-5 District. Analysis: Proposed Use Commercial School (Language School) Petitioner Yoon Gon Ji, International Education Institute, 1507 Rand Road, Des Plaines, IL 60016 Owner Monte C. Strusiner, President of Management/Marketing Services, Inc., as agent for North Star Trust Company, 401 Huehl Road, Suite 1- A, Northbrook, IL 60062 Plan of Operation Language classes would be held seven days a week, between the hours of 9:OOAM — 9:OOPM on weekdays, and 9:OOAM — 6:30PM on weekends. The maximum class size would be between 6 and 12 students. The school plans for a total of ten faculty and staffmembers. Existing Use Vacant Commercial Space in multi -story office building Surrounding Land Use North: Commercial East: Parking, Library, Multi -Family Residential South: Commercial West: Commercial Existing Zoning C-5, Central Business Surrounding Zoning North: C-5, Central Business East: C-5, Central Business South: C-5, Central Business West C-5, Central Business Street Classification Lee Street is an arterial street. Comprehensive Plan The Plan recommends high density mixed-use for this site. The applicant, International Educational Institute, has applied for a Conditional Use Permit to operate a commercial language school within an existing multi -story office building. The office building is located at the northeast corner of Lee Street and Prairie Avenue in the C-5 Central Business District. IEI provides English language courses to non-English speakers. IEI currently provides intensive language programs, tutoring, and business English courses for working professionals, but anticipates recruiting students from Asia and Europe starting in 2011. A maximum of 24 students are anticipated at any time, with a maximum of 6 staff members, and 4 faculty members. The proposed school would be located in a 3,115 SF portion of the ground floor of a multi -tenant tower occupied by mostly office uses. Interior alteration to the existing space would results in five classrooms, in Case #10 -046 -CU - 701 Lee Street ZBA Procedures September 14, 2010 Page 4 addition to reception and general office areas. The building has an agreement to use spaces in the adjacent Library Parking Garage with an overflow parking lot at the southeast corner of Graceland Avenue and Prairie Avenue. The petitioner has requested a waiver of the traffic study. Due to the nature of this request for a relatively small school in the downtown area, staff has agreed to waive the traffic study. As the ground floor is highly visible in a pedestrian intensive area of downtown, a condition of approval is recommended to maintain the full transparency of the windows. Conditional Use Findings As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed conditional use is in fact a conditional use established within the specific Zoning district involved: Comment: A commercial school is a conditional use in C-5, Central Business Zoning District, as specified in Section 7.3-8-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 high-density mixed-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. 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; Deleted: ¶ Case #10 -046 -CU - 701 Lee Street ZBA Procedures September 14, 2010 Page 5 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 downtown 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: The proposed project would use the existing curb -cut on Prairie Avenue to access the building's shared parking garage. Lee Street is 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 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 and downtown parking is sufficient to serve the small (maximum 24 students) class sizes. Recommendation: The Community Development Department recommends approval of the conditional use permit request for the operation of a commercial school, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following Condition of Approval: 1. The exterior windows shall maintain full 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 modification for a commercial school in the C-5 zoning district. The City Council has the final authority on the project. Chairman Seegers called for questions or comments by members of the audience, either in favor of or in objection to the proposal. No persons came forward. A motion was made by Hofherr, seconded by Porada, to recommend authorization of the operation of a language school (Commercial School) in the C-5 District subject to the Conditions contained in the Staff Report and with the specification that the exterior window glass remain unobstructed with the exception of uniform, non -permanent window treatments. AYES: Hotherr, Porada, Saletnik, Catalano, Seegers NAYES: None Case #10 -046 -CU - 701 Lee Street ZBA Procedures September 14, 2010 Page 6 MOTION CARRIED Chairman Seegers stated the matter of the Board's Procedures would be further discussed at the September 28, 2010, hearing. Chairman Seegers stated concern over the lack of uniformity in setting the agenda, which he cited was a result of increased Staff turnover. A discussion with regard to the appropriate number of cases on the Board's agenda ensued. Suggestions for possible solutions were limiting the number and type of cases or setting a time for adjournment. Current application procedures, scheduling and the role of Stuff were also discussed. It was deterniined that a maximum of five (5) cases should be scheduled and that Staff would use its discretion in contacting the Chair with regard to any concerns over the cases scheduled. A motion was made by Saletnik, seconded by Catalano, to adjourn the meeting. The meeting was adjourned at 9:02 P. M. The next meeting of the Des Plaines Plan Commission is Tuesday, September 28, 2010. Sincerely, A. W. Seegers, Chairman Des Plaines Zoning Board of Appeals Cc: City Officials Aldermen Zoning Board of Appeals