12/13/2011\� CITY OF `
DES PLAINES ZONING BOARD OF APPEALS
u �+ December 13, 2011
MINUTES
DES PLAINES
ILLINOIS
The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, December
13, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD OF APPEALS
PRESENT: Catalano, Szabo, Saletnik, Hofher, Porada, Schell, Seegers
ABSENT: None
Also presentwas Senior Planner, Scott Mangum, Department of Community and Economic Development.
Chairman Seegers called the meeting to order at 7:34 P.M.
Board Member Schell stated that he needed to recuse himself from hearing Case Number: 11 -061 -CU -V.
Case Number: 11 -061 -CU -V
Address: 1590 Lee Street (cont'd from November 29"')
The petitioner is requesting a Conditional Use permit under Section 7.3-6-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize an accessory drive-thru facility at a financial institution and variations to
Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow three wall signs, rather than
one, on the east elevation; one wall sign, rather than zero, on the west elevation; and approximately 147 square feet
of total wall signage where a maximum of 100 square feet is allowed for all wall signs.
PINS: 09-20-305-025-0000,09-20-305-050-0000
Petitioner: JP Morgan Chase Bank, N.A.
Owner(s): HE Oakton, LLC, c/o Inter -Continental Real Estate and Development, 2221 Camden
Street, Suite 200, Oakbrook, IL 60523
Mr. Gerald P. Callaghan, Freeborn & Peters, LLP, attorney representing Petitioner, and Timothy R. Meseck, Vice
President, The Architects Partnership, Ltd., architect; Michael A. Metzger of Chase Bank, and Steven D. Berecz,
P.E., Gewalt Hamilton, were sworn in. Mr. Callaghan and stated that the existing lots are vacant and Chase Bank
would like to install the bank with a drive through, along with three signs on the east elevation. One sign is
permitted and the other two signs are logo signs. They are asking for signage that together total greater than 100
square feet, butwould be allowed up to 150 square feetwith a variation.
Mr. Meseck described the site, access/egress, and proposed curb cuts. He described the lanes of traffic, access to the
drive-through (two-way access). Two lanes will be vacuum tubes and one lane is for ATM use. Parking needed is
30 - 35 spaces, which is above the required amount of parking. Employees would take up 10 - 12 parking spaces.
He described the landscaping - trees and shrubs. Mr. Meseck showed the different elevations of the building, the
sidewalks, the parking lot, and the drive-through area. He also had samples of the building and roofing materials
that would be used, which are traditional building materials and would blend in with the neighborhood. Mr. Meseck
described their logo and the locations of their logo on the building -which is important for customers' visibility so
they don't miss the tum into the bank. The brand is important to the Tenant and the logo is high-end.
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Case #11-066-CU — 965 Willson Drive
December 13, 2011
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Mr. Meseck stated that there would also be directional traffic signs on the property to lead the customers to the
appropriate parking, drive-through area.
Mr. Callaghan stated that they would be happy to answer questions.
Chairman Seegers asked for an explanation of the floor plan. Mr. Meseck stated there were two entrances into the
building allowing the customer to access the bank from street or parking. There would be 10 offices, walk-up teller
line (5 persons), off to the side would be bathrooms, printer rooms. The parking area is to the back of the site. The
parking lot also has bicycle parking. The drive-through lanes would be on the side.
Board Member Porada asked Mr. Mangum about the signage and confirmed the following:
North elevation is not facing the street, not entitled and not asking.
West elevation, not facing street, not entitled, but staff is recommending approval of sign #3, 36.87 square feet;
South elevation facing the street, entitled, andwant, 20.74 square feet;
East faces street, entitled, want, 57.61 square feet, sign #2, which totals approximately 114 square feet, and two 16
square foot logo signs #37 and #38 (However staff recommends against #37, #38).
Mr. Mangum confirmed.
Board Member Porada stated that all they were being asked to walk away from are the two logos - #37, #38. Mr.
Meseck stated that they had already removed a number of signs which were not included in the case being
presented. Commercial signs are very important and try to achieve maximum visibility with four signs and would be
keeping with the design of the building. He asked that if the octagons were not approved, but wanted to keep one of
the other signs.
Board Member Porada stated that the Chase logo is very well known. If #37 and 38 would be dropped, could they
put an octagon on the north face of the building. Mr. Metzger, project manager, stated if they could not have the
additional octagons on the east, then to have a sign on the north face (octagon only). Mr. Metzger stated they would
take that under advisement, but signage on the north face of the building would have to be the lettering and octagon
(#5 sign — 20.74 square feet).
Board Member Porada stated that the rule of thumb is that between 0 — 10% is considered minor. Over 10% is
would be considered major.
Mr. Mangum stated that for signage up to a variation of up to 10% would be considered a standard variation and a
variation up to 50% would be considered a major variation.
Board Member Szabo stated that the two logo signs were more of an architectural element or design rather than
commercial signs, and asked if they were lit up. Mr. Metzger stated that they would be lit from dusk to dawn —with
photo-timers.
Board Member Catalano asked if the bank was on a smaller footprint such as on one lot would they have 100 square
feet of signage or if it was per building and not per parcel.
Mr. Mangum stated that it was considered per building or tenant, not per parcel of land.
Board Member Catalano asked about the pylon sign on the Oakton side of the property. Mr. Meseck states that
parking wraps around the north end of the building with landscaping.
Board Member Saletnik stated that the signage of the north side — had there been a large vista, there wouldn't be a
problem, but there is an obstruction beyond their lot. Coming north, you've got an obstructed view of the bank but
the need for a sign on the Oakton side wasn't readily understandable to him.
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December 13, 2011
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Mr. Metzger stated that explained that the proposed pylon sign would be fifty square foot sign and explained the
how the traffic flow designated where the signs should go.
Board Member Saletnik, stated that the southbound traffic would have two ways of getting into the bank's property.
Board Member Hother asked about landscaping. Mr. Metzger stated there would be six trees with bushes and
plantings. Board Member Hofher stated that the trees would negate the north facing sign.
Mr. Mangum stated that that property, per code, would only be allowed to have only one pylon sign.
Board Member Hother asked how long their lease was on the property. Mr. Callaghan stated they had a 20 -year
lease.
Board Member Szabo asked about traffic signage/traffic control, as he was concerned with vehicular and pedestrian
traffic being heavy at that intersection. Mr. Berecz stated they could install stop signs and no exit signs. Board
Member Szabo asked if they could have a stop sign that buzzed so you would stop on the line such as a sign at a
bank location at the intersection of Ellinwood and Pearson. Mr. Berecz stated that those were used by downtown
parking garages. Chairman Seegers pointed out that the building in question jutted out and that's why it called for
the buzzing sign.
Chairman Seegers asked for the report to be read in by Mr. Mangum.
Issue: The petitioner is requesting a Conditional Use permit under Section 7.3-6-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize an accessory drive-through facility at a financial institution and variations to
Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow three wall signs, rather than
one, on the east elevation; one wall sign, rather than zero, on the west elevation; and approximately 147 square feet
of total wall signage where a maximum of 100 square feet is allowed for all wall signs.
Analysis:
Address: 1590 Lee Street
Existing Zoning: C-3, General Commercial
Petitioner: JP Morgan Chase Bank, N.A.
Owner(s): HE Oakton, LLC, c/o Inter -Continental Real Estate and
Development, 2221 Camden Street, Suite 200, Oakbrook, IL 60523
Plan of Operation The financial institution with drive-through facility would be open Monday
through Friday from 8:30 am to 6:00 pm and Saturday from 7:00 am to 3:00 pm
and would have approximately 12-15 full-time employees.
Existing Use Vacant land and vacant former restaurant site(Arby's)
Surrounding Land Use North: Commercial
East: Commercial
South: Commercial
West: Commercial
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Case #11 -066 -CU — 965 Willson Drive
December 13, 2011
Page 4
Existing Zoning C-3, General Commercial
Surrounding Zoning North: C-3, General Commercial
East: C-4, Regional Shopping
South: R-1, Regional Shopping
West: G3, General Commercial
Street Classification Lee and Oakton Streets are two-way, five -lane roadways under the
jurisdiction of IDOT adjacent to this location. Lee Street is identified as an
Arterial street and Oakton a collector street in the Comprehensive Plan.
Comprehensive Plan The Comprehensive Plan recommends Community Commercial.
In reviewing the conditional use and variation requests, staff has considered the following information
Chase Bank is seeking a Conditional Use Permit and Sign Variations for a proposed facility at 1590 Lee Street.
While a Financial Institution is permitted by right in the C-3 Zoning District, an accessory drive-through facility
requires a Conditional Use Permit. The approximately 0.93 acre property located at the northwest comer of Lee
Street and Oakton Street consists of two parcels. The corner parcel has been undeveloped for a number of years
while the building and parking lot at 1560 Lee Street was most recently operated as an Arby's restaurant. The L-
shaped subject site has a combined frontage of approximately 252 -feet on Lee Street and 107 -feet on Oakton Street.
A 4,120 square foot Chase Bank building is proposed toward the intersection with a 5' setback from the Lee Street
property line. The proposed right -in ingress from Lee Street is located on the adjacent property to the north. The
applicant states that an easement for the access from the property to the north should be executed by the Zoning
Board of Appeals hearing. Right -out access would be provided by a curb cut at the northern edge of the property on
Lee Street. The curb cut on Oakton Street would provide right -in and right -out access. The three -lane drive-through
facility would be located toward the northwest comer of the property. 17 parking spaces are required and 34 parking
spaces are proposed. An additional bicycle parking area is proposed.
A total of 100 square feet of wall signage is allowed for the building and wall signs are limited to street facing
frontages per the Zoning Ordinance. With the building located closer to the street and entrances on both the Lee
Street frontage and rear parking area, the applicant has requested variations to allow signage on the west elevation,
three signs on the east elevation, and a total of 147 square feet of signage.
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 Drive -Through Facility is a conditional use in C-3, General Commercial Zoning District, as specified
in Section 7.3-6.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:
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December 13, 2011
Page 5
Comment: The Financial Institution with accessory drive-through facility is in compliance with the 2007
Comprehensive Plan, which recommends Community Commercial 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 single story masonry bank and single story masonry drive-through facility are designed to
be harmonious with the character of the area.
D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses:
Comment: None of the functions of the Drive -Through Facility 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: A traffic study prepared by Gewalt Hamilton Associates, Inc. to examine the traffic characteristics of the
proposed facility determined that traffic generated by Chase Bank can be accommodated on the adjacent street and
within the other neighing commercial uses. The proposed Drive -Through Facility 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:
Comment: The proposed project would consolidate existing access off Oakton and Lee Streets into one right in and
right out curb cut on Calton Street and two curb cuts on Lee Street (the northernmost, off-site, for ingress and the
southernmost for egress). Lee and Oakton Streets are two-way, five -lane roadways under the jurisdiction of IDOT
adjacent to this location. Lee Street is identified as an Arterial street and Oakton a collector street in the
Comprehensive Plan. A traffic study prepared by Gewalt Hamilton Associates, Inc. to examine the traffic
characteristics of the proposed facility determined that traffic generated by Chase Bank can be accommodated on the
adjacent street andwithin the other neighing commercial uses.
I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or
historic features of major importance:
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December 13, 2011
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Comment: 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: Drive -Through facilities are not subject to any specific criteria and the facility appears to comply with
additional Zoning regulations.
Recommendation: Staff recommends approval of the above -requested Conditional Use Permit based on review of
the information presented by the applicant and the findings made above, as specified by Section 3.4-5 (Standards for
Conditional Uses) as outlined by the City of Des Plaines Zoning Ordinance subject to the following conditions of
approval.
1. Prior to issuance of the conditional use permit, the applicant shall provide an executed easement with the
property to the north that allows vehicular access to the site to the satisfaction of the Directors of Community
and Economic Development and Public Works and Engineering. The easement shall be recorded with the Cook
County Recorder of Deeds.
2. Prior to occupancy, the applicant shall install bicycle parking facilities to accommodate a minimum of four
bicycles within the area labeled "Bike Parking with Bike Racy' on the Site Plan.
Staff recommends approval of the variation for signage on a non -street facing facade (west), and signage that
exceeds 100 square feet, but denial of the request for multiple signs on the east elevation 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 location of the
building on the site toward the intersection represents good urban design principles, but also creates a site plan with
the main parking area and entrance located behind the building on a non -street facing facade. This additional
entrance creates a need for additional signage on the west elevation. However, there does not appear to be a hardship
that would warrant multiple signs on the east elevation. With the recommended elimination of the two extra logo
signs on the east elevation, the total size of the wall signage would be reduced to approximately 115 square feet.
Zoning Board of Appeals Procedure:
Under Section 3.4-4-C (Conditional Uses) and 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 deny the
above-mentioned Conditional Use Permit for a financial institution with accessory drive-through and sign variances
in the C-3, General Commercial District. The City Council has the final authority on the project.
Board Member Salemik stated that the change of going to the green space as staff suggested — he liked that the
initial plan had a tum -around area if you go in and miss a parking spot, you can go around and get it on a second try.
Mr. Meseck stated that customers could go around Just Tires and get back into the bank parking lot or go back on
Oakton towards Jewel and go back around or go in the Sherman Williams shared drive and tum around. The green
space helps with the water run-off.
Board Member Hotheir asked about the road configuration of the drive-through and access drive. Mr. Metzger
stated it was two directional as it is today.
Chairman Seegers asked for comments from the audience. There were none.
Chaimhan Seegers stated that the west sign makes good sense for them — the north side is questionable because of
the trees, and the not sure if the logo signs would be critical to the total signage.
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Case #11 -066 -CU — 965 Willson Drive
December 13, 2011
Page 7
Board Member Szabo stated that if it had been multiple buildings/tenants, there would be three times the signage.
Chairman Seegers stated that if there were a Walmart taking up that comer, it would still be held to the smaller
amount of signage.
Board Member Saletnik commended the architect on the proportionate sizes of the signs.
Mr. Meseck stated that if it was the board's desire to put in the sign on the north side and take two octagons off the
other side, theywould shift the landscaping to expose the north face sign.
Board Member Hofher stated that the south elevation, the window shows a sign covering the window space — he
asked if that sign would be used continuously. Mr. Meseck stated that placards (informational signs — CD rates,
etc.) for the pedestrians, such as storefront signs. Board Member Hotherr stated that he was concerned that it would
be blocked from seeing inside of the bank by police officers patrolling the area. Mr. Meseck stated that that
particularwindow, did not look into the bank.
A motion was made by Board Member Szabo, seconded by Board Member Catalano to recommend approval of the
Conditional Use permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize
an accessory drive-thru facility at a financial institution, with the following stipulations:.
1. Prior to issuance of the conditional use permit, the applicant shall provide an executed easement with the
property to the north that allows vehicular access to the site to the satisfaction of the Directors of Community
and Economic Development and Public Works and Engineering. The easement shall be recorded with the Cook
County Recorder of Deeds.
2. Prior to occupancy, the applicant shall install bicycle parking facilities to accommodate a minimum of four
bicycles within the area labeled "Bike Parking with Bike Rack' on the Site Plan.
AYES: Catalano, Szabo, Saletnik, Hofher, Porada, Seegers
NAYES: None
ABSTENTION: Schell
MOTION CARRIED
mmmmmm
A motion was made by Board Member Szabo, seconded by Board Member Catalano to recommend approval of the
three wall signs, rather than one, on the east elevation; one wall sign, rather than zero, on the west elevation; and
approximately 147 square feet of total wall signage where a maximum of 100 square feet is allowed for all wall
signs.
AYES: Catalano, Szabo, Saletnik
NAYES: Hother, Porada, Seegers
ABSTENTION: Schell
MOTION DENIED
mmmmmm
A motion was made by Board Member Hofher, seconded by Board Member Porada to recommend approval of the
sign variation subject to condition #3 contained in the staff report which excludes the two free-standing logo signs of
the east elevation denominated on the site plan as sign #37 and #38.
AYES: Hother, Porada, Catalano, Saletnik, Seegers
NAYES: Szabo
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Case #11 -066 -CU — 965 Willson Drive
December 13, 2011
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ABSTENTION: Schell
MOTION CARRIED
mmmmmm
Case Number: 11 -066 -CU
Address: 965 Wilson Drive
The petitioner is requesting a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning
Ordinance, as amended, for the operation to authorize a Large Residential Care Home in the R-1 District.
Petitioner: Andrea Bordeianu, 4121 Oakton Street, Skokie, IL 60076
Owner(s): Ioan Tiran, 4121 Oakton Street, Skokie, IL 60076
Virgil Tiran and Andrea Bordeianu, 4121 Oakton Street, Petitioners, were sworn in, and Mr. Tiran stated that they
have been conducting business on Willson and have 10 years remaining on their lease. They would like to grow
from a five -person to an 8 -person. DHS has cut funding and by increasing to 8 residents would provide two
caregivers rather than one caregiver for five persons. The deliveries would not increase and traffic would not
increase.
Chairman Seegers inquired about the operation. Mr. Tiran explained that currently there are four bedrooms and two
bathrooms. They currently have five residents and one staff member during non -peak hours and DHS requires two
staff members for more than five residents. Staff member is on site for 24 hours. The residents are taken to various
locations during the day and return at 3:00 pm.
Board Member Hofherr stated that in 1999 they were approved for a small care home with five residents. A police
report was filed in October 2011 for a false fire alarm, with seven residents living there. The extra residents were
new. Mr. Tiran stated that DHS approved them for eight residents and he inadvertently overlooked the City's code
and only found out upon notification from the City.
Board Member Porada asked his relationship with the business. Mr. Tiran stated that he is the executive director
and Ms. Bordeianu is the Director. Board Member Porada stated that the home has been licensed since March
1999. Mr. Tiran started with the company three years ago. Sometime after March 1999, they were approved by the
City to have five residents. Staff report stated that in Para J (d) allowing for five residents. Board Member Porada
asked Mr. Mangum if the zoning certificate showed the particulars. Mr. Mangum stated the certificate allowed a
small residential care home, but did not state the number of residents.
Board Member Porada asked Ms. Bordeianu if she agreed that in that March, 1999 received approval for a small
home for five people. The letter she wrote stated that they did not know that only five people were allowed - not
seven. Ms. Bordeianu stated that the license only states a small home. In their business, small means maximum
occupancy of 8 —the State's definition. She was unaware of the City of Des Plaines definition of a small home was
for a maximum amount of residents was limited to five individuals.
Board Member Szabo asked the square footage of the house. Virgil stated approximately 1,800 square feet.
Board Member Porada asked about the definition of a home in Skokie. Mr. Tiran did not know, but stated that each
of their homes in Skokie had eight residents. Board Member Porada asked if Ms. Bordeianu had applied for an
occupancy permit for a group home in Skokie. Ms. Bordeianu stated that Skokie goes along with what the license
from the state indicated (eight residents).
Chairman Seegers asked for the report to be read in by Mr. Mangum.
Issue: The petitioner is requesting a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize a Large Residential Care Home in the R-1 District.
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Case #11 -066 -CU — 965 Willson Drive
December 13, 2011
Page 9
Analysis:
Proposed Use Large Residential Care Home
Petitioner
Andreea Bordeianu, Diane Home Care, Inc., 4121 Oakton Street, Skokie, IL
60076
Owner
Ioan Firm, 4121 Oakton Street, Skokie, IL 60076
Plan of Operation
Provide a Community Integrated Living Arrangement for eight adult residents
with developmental disabilities. Two staff members would be present during the
day and one at night. Transportation to an off-site vocational training program
(Monday —Friday, Sam —3pm) is provided by van.
Existing Use
Small Residential Care Home
Surrounding Land Use
North: Single -Family Residential
East: Single -Family Residential
South: Single -Family Residential
West: Single -Family Residential
Existing Zoning
R-1, Single -Family Residential
Surrounding Zoning
North: R-1, Single -Family Residential
East: R-1, Single -Family Residential
South: R-1, Single -Family Residential
West: R-1, Single -Family Residential
Street Classification
Wilson Drive is identified as a local street in the Comprehensive Plan.
Comprehensive Plan
The Comprehensive Plan recommends a Single -Family Residential Use for the
existing site and surrounding parcels.
The applicant, Diane Home Care, has requested a Conditional Use Permit to operate a Large Residential Care Home
at 965 Wilson Drive. The applicant was allowed to operate a Small Residential Care Home by issuance of a Zoning
Certificate in 1999. The Community and Economic Development Department was made aware that the home
contained 7 residents via a police incident report completed when responding to a false fire at= call on October
21, 2011. A Small Residential Care Home, providing care for five or fewer persons, is permitted by right in the R-1
Zoning District, while a Large Residential Care Home, providing care for six to ten persons, requires a Conditional
Use Permit.
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Case #11-066-CU - 965 Willson Drive
December 13, 2011
Page 10
The existing single-story four bedroom home with basement and two-car attached garage is located on an
approximately 10,200 square foot lot at the northeast comer of Wilson Drive and Kincaid Court. No exterior
modifications are proposed, however, conditions of approval require the addition of an approved automatic sprinkler
system and compliance with applicable Life Safety Codes per the Fire Department.
Diane Home Care states that they provide a Community Integrated Living Arrangement for up to eight adult
residents with developmental disabilities. Two staff members would be present during the day and one at night.
Transportation to an off-site vocational training program (Monday - Friday, Sam - 3pm) is provided by van. The
applicant has requested a waiver of the traffic study requirement. Based on low amount of traffic expected the
requirement has been waived.
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: Large Residential Care Homes are a conditional use in R-1, Single -Family Residential Zoning District, as
specified in Section 7.2-4-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 Large Residential Care Home use generally complies with the 2007 Comprehensive Plan, which
recommends Single Family Residential for this site. A Large Residential Car Home is a Conditional Use in the R-1
Zoning District.
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 Residential Care Home is currently located within an existing structure, originally designed as a
single -family residence. No exterior alterations are proposed to the existing structure.
D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses:
Comment: None of the functions of the Large Residential Care Home 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,
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Page 11
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 addition of three residents is not anticipated to create a significant amount of additional
traffic. The residents are not anticipated to have vehicles at the home and staffing levels are not proposed to
increase. Avant is used to transport residents to an off-site vocational training program.
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 the existing driveway for access. Sufficient parking is provided
through the two -car garage, and 30 -foot by 20 -foot driveway. Additionally, there is capacity for several on street
parking spaces adjacent to the comer lot for occasional visitors.
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 exterior alterations are proposed to the existing structure. 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 Large Residential Care Home appears to conform to the specific regulations found in
8.10-3 (General Requirements for Residential Care Homes):
A. Every residential care home shall be located at least 1,000 feetfrom another residential care home, regardless of
class, unless the City Council determines that the cumulative effect of such uses would not:
1. Alter the residential character of the neighborhood,
2. Create an institutional setting, and its operation, and
3. Create an adverse effect on surrounding properties.
The location is greater than 1,000 feetfrom another residential care home per the Group Home Map (Attachment 5)
B. Each residential care home, prior to admitting residents, shall have proof of compliance with all applicable local
and state licensing and code standards, including a State License or Certification. Each home shall also have proof
that the sponsoring agency is duly licensed or certified by the State of Illinois.
The applicant, Diane Home Care, Inc., has provided a License and Letter of Approval for 8 residents from the State
of Illinois Department of Human Services.
C. Each residential care home, to the extent possible, conform to the type and outward appearances of the residences
in the area in which it is located.
The structure housing the Residential Care Home was constructed as a single-family residence and conforms to the
character of the neighborhood.
D. Prior to occupancy, a Zoning Certificate shall be applied for and issued pursuant to Section 3.3 (Zoning
Certificates).
The Small Residential Care Home obtained a Zoning Certificate prior to occupancy which allowed for 5 residents.
The proposed Large Residential Care Home has applied for a Zoning Certificate as part of the Conditional Use
process.
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E. The applicantfor the Zoning Certificate shall submit a statement of the exact nature of the residential care home,
the qualifications of the agency thatwill operate the residential care home, the number and the type of personnel
who will be employed, and the number and nature of the residents who will live in the residential care home.
The Plan of Operation contains information about the agency and operations.
Recommendation: The Community Development Department recommends approval of the conditional use permit
request for the Large Residential Care Home, 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, subjectto the following conditions of approval:
1. The number of residents being cared for shall be limited to no more than eight.
2. Prior to issuance of the Conditional Use Permit, an approved automatic sprinkler system shall be
installed and compliance with applicable Life Safety Codes shall be met to the satisfaction of the Fire
Chief.
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 Large Residential Care Home in the R-1
zoning district. The City Council has the final authority on the project.
Board Member Schell asked why the City had limited a small residential care home to five persons. Mr. Mangum
did not know the rationale.
Chairman Seegers asked if there was anyone in the audience in favor or against the proposal. By a show of hands
approximately 11 audience members indicated that they were in opposition. Chairman Seegers asked for comments
from the audience.
Mr. Tom Kuchanski, 540 Kincaid Court, sworn in, stated a small residential health care is five people. Most of the
time there has been six or seven residents there. In addition, the home is to be kept in the fashion as the rest of the
neighborhood. The front yard is a dandelion farm, with the weeds reaching 3 feet tall, wild grapevines all around
the porch, and electrical pole, into the gutters, etc. It does not conform to the appearance of the other residences. It
would be an injustice to the neighborhood for this to be allowed.
Ken Sakai, 905 Wilson drive, three houses north of the residence, sworn in, stated that he has been a resident since
1969 and so have most of the residents of the neighborhood. The neighborhood was beautiful up until three years
ago mostly due to economic times and real estate's downward spiral. Mr. Sakai stated that there were only three
bedrooms there — not four. No one keeps up the place. The grass is brown, etc. Having more people there would
not appreciate the values.
Stephen Pagels, 999 Wilson Drive, sworn in, stated he has lived there since 1971 and that in his neighborhood he
had one house south of the establishment. His bedroom faces their driveway (with brown grass and weeds), he hears
the bus start up at 7:00, leaves around 7:30 with the sounds of beeping when it backs up. The fire
department/ambulance/police have been there numerous times. He has sat on the front porch and can hear the health
care workers speaking in a foreign voice from 150 feet away. The house only has a bath and a half, at best. It is not
a nice place to put in more people. He wishes he could move away, but he has to live there for a long time.
Clayton Langwell, 526 Kincaid Court, two houses east of the residence, sworn in and stated that he sympathizes
with the residents. The house needs care and maintenance. He has a disabled son in a mechanized wheelchair and
may need that kind of assistance in the future, but he does not agree to have more residents move in.
Al Matz, 578 Kincaid, directly west of the residence, sworn in, asked how many live there now. Some say five,
others, seven. The house is ranch style, 1,800 square feet. One resident is a woman, with four men. Four bedrooms
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for five people and they want to squeeze in eight. What is the limit? Will they put in 10 next year? It makes him
nervous. The house is horribly maintained, 20% of the roof shingles are missing, no lawn, just weeds. They are
very loud. He asked that it not be increased and that five is more than it can handle now.
Mita Wierzbinski, 910 Wilson, NW of Kinkaid, sworn in and stated that she had been there 1965. She has seen the
changes in the neighborhood. It has always been a beautiful neighborhood. She takes care of her husband who has
had a stroke, and yet she maintains the property. She cannot see one caretaker being able to take care of five people.
Helen Dillon, 958 Wilson, directly across the street from the residence, sworn in and stated that she has lived there
since 1968. Her husband died one and one-half years ago and she still maintains her property. That residence is
run-down, roof is old, fence not painted in years, no landscaping maintenance. The residents come out at night or
out in the garage smoking. Fire/Rescue keep being called out. They should not take more people in for care.
Rich Lionati, 484 Kinkaid, sworn in and stated that he has lived there for five years. The residence also stated that it
is a business and should not be in a residential area.
Mr. Firm stated he was not aware of the feelings of the residents surrounding them. He will better maintain the
residence.
Board Member Saletnik asked if it is state funded or private pay. Mr. Firm stated most are state funded, and
depending on the case, are billed on a per -day basis. Board Member Saletnik asked what the income stream is, as
they cannot afford to take care of the property. They had to keep the building up to code, cut the grass, etc. He
stated that if the property was not taken care of, the City needed to enforce the codes. If they could not take care of
it with five people, they cannot take care of eight people. Mr. Firm stated that the money paid by the state hardly
stretches to cover residential needs and staff and that thousands are lost each year. Board Member Saletnik asked if
they were a non -for-profit business. Mr. Firm stated they were a for-profit business. Their budget is continually
being cut every year. They will try to make it better.
Board Member Saletnik confirmed there were four bedrooms and two bathrooms. Does the staff member require a
bedroom? Mr. Firm stated that the state allows two hospital beds per room, a minimum of 110 square feet.
Board Member Hofher questioned the layout. One of the neighbors stated it was a three-bedroom house and asked
if they had added a fourth bedroom. Mr. Firm stated that he only knew it as a four-bedroom. Board Member
Hofher asked if any permits were pulled. Mr. Mangum stated he was not aware.
Board Member Hofher asked if there were two full bathrooms. Mr. Firm stated that there are two full bathrooms.
Board Member Hofher stated that the residence was not maintained well and that the City should look at the
property as well. Board Member Hotheir stated that they were leasing the property and that if there were any
violations to be issued, it would go to the landlord and that Mr. Firm should advise the landlord of that possibility.
Hother asked if the property had been inspected. Mr. Firm stated he was inspected by the State and fire marshall.
Board Member Szabo asked if the City of Des Plaines had inspected it. Chairman Seegers stated it was a new
requirement since 1999. Ms. Bordeianu stated that the City only inspected them once and that the fire department
inspected them this year.
Board Member Szabo stated that the city and fire department should inspect rental properties every year.
Board Member Saletnik asked the audience about visitor and parking issues. Mr. Pagels stated that the driveway has
one car and a bus. There are occasions that one or two cars are parked on the street, but that's all.
Board Member Hotherr noted that Mr. Pagels stated that he had been in the house with the previous owner and
asked about the number of bedrooms and bathrooms. Mr. Pagels stated that there were three bedrooms, with a full
bath between the master and a bedroom, and a half bath off the kitchen.
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Mr. Sukai stated they had always been able to cope with changes over the years. He asked that the residence
should be fixed up before they can ask for more residents.
Mr. Firm stated that the State would not allow them to have more than eight. Even if the city allowed them to have
ten, they would still only be able to have eight. He would look into the maintenance problems of the house.
Board Member Szabo stated that group homes were very important in neighborhoods, especially with an aging
population, but it was unfortunate that the building is in such disrepair, and that no one contacted the city about the
violations.
Board Member Porada commented that under Federal law, those homes are allowed in neighborhoods. A
municipality cannot deny or prohibit a group home in a neighborhood. The homes, however, are subject to local
codes. The state allows up to eight. The City only allows up to five under the zoning code. The most restrictive
code will win out—therefore, five. In March 1999, someone went into the City of Des Plaines, applied for a permit,
and were granted up to five residents. If there were to be more than five, it had to be through a conditional use.
Board Member Porada commented that there was no dispute of the need, the use, and purpose of having these group
homes. Yet, it is a business and a for-profit business in a residential neighborhood. The neighbors have a right to
object.
Board Member Szabo commented that if the petitioner is getting payments from the state, they probably were very
behind. Mr. Firm stated they were six months in arrears in being paid. Mr. Firm also stated that they would rectify
the situation with the property maintenance. He would also provide the neighborhood residents his cell number so
they could reach him.
Mr. Sakai stated that if he did not pay the rent, or car payment, he would be evicted or car repossessed. The City
should demand that the property be fixed up and not approve the eight -person residence request.
Chairman Seeger stated much was heard at the meeting from the neighbors, the maintenance of the property, and the
ability to house additional residents. Some of the conditions the City would have to be followed, such as the
sprinklering of the building. The facility existing needs to be brought up to today's standards with the City and
needs to look at if the property is big enough to take in additional residents.
A motion was made by Board Member Szabo, seconded by Board Member Catalano torecommend approval of the__ _ _ Formatted: Font: Not Bold
Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the
operation of a Laree Residential Care Home in the R-1 District.
AYES: Szabo Catalano Salemik
HAYES: Holbert, Porada, Schell, Seegers
MOTION FAILED
mmmmmm
A motion was made by Board Member Holbert, seconded by Board Member Schell to recommend den}v d arypFeva4
of the Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the
operation to-auNi@Fia of a Large Residential Care Home in the R-1 District.
AYES: Holbert, Porada, Schell, Seegers
HAYES: Catalano, Szabo, Salemik
MOTION CARRIED
.mmmmm
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The meeting was adjourned at 10:10 p.m. by unanimous voice vote.
Sincerely,
A.W. Seegers, Chairman
Des Plaines Zoning Board of Appeals
cc: City Officials
Aldermen
Zoning Board of Appeals