Loading...
07/12/2011DES PLAINES ZONING BOARD OF APPEALS JULY 12, 2011 MINUTES DES PLAINES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, July 12, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hofhe¢, Porada, Saletnik, Seegers, Szabo ABSENT: None. Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at7:34 P.M. One change to be made on Page 1, 3`a paragraph from the bottom should be changed to read from "Commissioner Porada asked of there were any assigned parking spaces behind the building." To "Commissioner Szabo asked if there were any assigned parking spaces behind the building." A motion was made by Commissioner Catalano, seconded by Commissioner Szabo, to approve the minutes with the correction of the June 14, 2011, hearing. AYES: Catalano, Porada, Szabo, Seegers NAYES: None ABSTENTIONS: Hofherr, Salemik MOTION CARRIED Case Number: 11-005 - CU Address: 1416 S. Des Plaines River Road Petitioner: Biju George, 400 Rand Rd., Arlington Heights, IL 60004 Request: 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 the establishment of a Place of Worship in the R-1 District. Petitioner, Biju George, was sworn in. Attorney Nancy Novak, stated that they were requesting the conditional use permit for a place of worship. The structure is a single family home which they want to Case #11-005 - CU -1416 S. Des Plaines River Road July 12, 2011 Page 2 convert into a place of worship for approximately 30 people on Sundays from 9:00 am to 1:00 pm and Holy days, such as Christmas. The survey and planning has been handed in to the City and have been given favorable consideration. There will be no access to the second floor. They would only use the first floor and the basement. Mr. Porada counted 9 parking spaces and asked if they wanted another 9 spaces in the back. Attorney Novak confirmed the additional spaces in the back but clarified that the garage would be torn down. The basement would not be used during the time that worship services were taking place on the first floor. Mr. Porada asked if there were any signs out that it is a church or advertised that it is a church. Applicant stated it was not and that they were operating since September, 2010. The property is owned by the applicant, which property closed in May of 2010. In July, 2010, they started Sunday school. In September, 2010, they also used it for worship services. They were issued a ticket for improper use on September 9, 2010. They stopped all activity after the ticket. After the administrative hearing, they started the process with the City for the conditional use permit. Sometime before Christmas 2010, they started worship services back up. Mr. Porada asked about the structure. The top is the attic. The first floor has a bathroom, two bedrooms, and living room. Worship services are held in the living room and bedrooms are offices. Basement is used as a gathering place. The garage is not used. They have 30 worshipers at this time, with 9 - 10 cars parked (three or four in the driveway, and the other six cars on the street (not on River Road). Attorney Novak states that they are short approximately 3 — 9 parking spaces short. Mr. Porada stated that at this point they could only fit from one to nine cars. Attorney Novak concurred. Mr. Hotherr stated there was no one living at the house but he saw a van with a ladder on it. Mr. George stated there was no one living there. Mr. Hotherr stated that River Road is a busy street. He asked why he selected that location for the place of worship. Attorney Novak stated that the Petitioner was originally going to live there, but his job changed, and thought it would be used as a place of worship - it seemed that the place could work as a place of worship. Mr. Hotherr stated it was a residential neighborhood and would disrupt the entire neighborhood and that there would be inadequate parking. Churches start out very small and they grow and expand the membership and require more room. The space is very limited and there is no room to expand. He felt that it was an improper use of the property. Attorney Novak stated that they understood the concerns regarding the parking and number of worshipers. This is a 10 -year congregation of 15 members. They are not trying to change the look of the house or the neighborhood. If the congregation did grow, they would find another location to fit their needs, put the house back to its original condition and move. Mr. Porada stated that the reality of the situation is that when the congregation grows and they move to another location, the parking lot in the back and the garage would not be corrected and revert to the property's original condition. This would limit the property's viability for sale. Attorney Novak stated that it is in their plan they have to convert the house back to its original condition Case #11-005 - CU -1416 S. Des Plaines River Road July 12, 2011 Page 3 Mr. Saletnik stated that although they are not making structural changes, but if the use is approved, they would have to meet ADA requirements and make changes. Attorney Novak stated that it would be out of their control. Mr. Saletnik stated since that a place of worship is a place of assembly; it would attract more people into the congregation. This was not a realistic plan. The property was landlocked with residential property and a busy River Road. Attorney Novak pointed out that the worshipers could park on the public, residential street, as the parking would be at off times. Mr. Hotherr stated that he has driven by and seen that there were many cars parked on that street and the side street taken up by the residents and there were very few spots available for the worshipers. Attorney Novak stated that the space is big enough to fit the cars. Mr. Hotherr stated that the driveway in the front of the house and space in front of the house was also taken up for parking. The van he saw the van parked in front of the house today. Mr. George stated that was a mistake today. Attorney Novak stated that once the parking was paved and stripped, this would be alleviated. Mr. Szabo stated that the parking would be woefully inadequate for that site and the neighborhood is not feasible for additional on -street parking. If it were to be approved, it would disrupt the other residents to have a parking lot in the back of the house. Mr. Catalano asked about the drainage issues due to the parking lot. Mr. Mangum stated that Public Works and Engineering would also review the plans to ensure compliance. Mr. Saletnik asked, based on the square footage, what the occupancy was. Mr. Mangum stated that the occupancy allowed would be under 49 occupants on the first floor. Mr. Saletnik asked how many cars would bring 49. Attorney Novak stated that on an average Sunday the maximum would be 10 — 20 people. Chairman Seegers called for the staff report to be read by Scott 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 the establishment of a Place of Worship in the R-1 District. Analysis: Proposed Use Place of Worship (St. Mary's Jacobite Simhasana Church) Petitioner Biju George, 8532 School Street, Morton Grove, IL 60053 Owner Biju George, 8532 School Street, Morton Grove, IL 60053 Plan of Operation Sunday Services during the hours of 9:00am and 11:00am, Sunday school from 11:00am to 1:00pm. Existing Use Place of Worship Case #11-005 - CU -1416 S. Des Plaines River Road July 12, 2011 Page 4 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 Des Plaines River Road is identified as a collector street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Single -Family Residential Use for the existing site and surrounding parcels. St. Mary's Jacobite Simhasana Church has requested a Conditional Use Permit to establish a Place of Worship, make improvements to the principal structure, demolish the existing garage, and construct nine - space parking lot. The 12,600 square foot lot has 75' of frontage on Des Plaines River Road. The proposed floor plan indicates that services would take place on the 1,300 square foot first level which contains the approximately 260 SF sanctuary, pulpit, most holy place, restrooms, office, and storage. The applicant states that the 1,300 SF basement, consisting of a celebration room, kitchen, mechanical room, and storage area, will not be occupied simultaneously with the first floor. Additionally, the existing half - story second level would be vacated with access from the existing staircase removed. A 7' landscape area and 6' high solid fence is proposed along the perimeter of the parking area between neighboring single family residences. Conditions of Approval specify that trees shall be planted in these areas. The use has been cited by code enforcement staff for operating without a Conditional Use Permit. 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: Places of Worship 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 Place of Worship use generally complies with the 2007 Comprehensive Plan, which recommends Single Family Residential for this site. A Place of Worship is a Conditional Use in the R-1 Zoning District. Case #11-005 - CU -1416 S. Des Plaines River Road July 12, 2011 Page 5 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 church would be located within an existing structure. Alterations are proposed to the structure to for access to the North and West sides of the building, however, no significant additions are proposed to the existing structure that would alter the character with the exception of the proposed removal of windows on the front elevation. Condition of Approval number three requires Architectural Commission approval of this the proposed alteration. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the church 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. E. 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 church is not anticipated to create a significant amount of additional traffic with the limited size of the sanctuary. 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 an existing curb cut on Des Plaines River Road for access. An MOT permit will be required and the applicant will need to construct curb radii from River Road to the property. 1. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Case #11-005 - CU -1416 S. Des Plaines River Road July 12, 2011 Page 6 Comment: The proposed exterior building alterations to the church are minimal. The proposed plan would add impervious surface, but 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 proposed church appears to conform to all other zoning regulations as long as compliance is provided with the Conditions of Approval. Recommendation: The Community Development Department recommends approval of the conditional use permit modification request for the establishment of a Place of Worship, 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 conditions of approval: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a landscape plan providing a minimum T -wide landscape buffer along the North, South, and West properties lines with shade trees, a minimum of 2 1/z" in caliper, planted on an average of 1 tree one per 30' of yard length. The Landscape Plan must comply with Interior Parking Lot Landscaping requirements found in Section 10.8-2 of the Zoning Ordinance and shall show the proposed 6' high solid fence per the site plan. 2. Prior to issuance of the Conditional Use Permit the applicant shall complete the site improvements indicated on the approved landscape plan or post a cash bond equal to an approved estimate of the total cost of the improvements provided by third party contractor. 3. The applicant shall present elevations to the Architectural Commission for review if the windows on the front elevation are proposed to be removed and filled-in. 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 Place of Worship in the R-1 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if there were members of the audience in favor or opposed to the proposal. Mr. Mangum stated he received an email from a resident at 1813 Forest Avenue, stating their opposition — concerns with traffic issues, parking, maintenance of property, snow removal, and landscaping, as well as setting a precedence in the neighborhood. Their property abuts up to the property. Marylyn Binder, of 1850 Wicke, had questions — congregation was 15 families, but how may family members per family — she has seen 6 coming out of the car at one time. Blacktopping the parking lot is not a good idea — they are in a flood plain. If it floods, there will be problems. Wicke and forest have parking on the street with residents on both sides — there is no extra parking. The nine parking spaces to accommodate 9 cars — each car has quite a number of people and would overrun the parking. Patricia Momney, of 1430 S. River road, lives just south of the property. She has been in the house many times and does not believe you can fit 49 people in there. The basement floods and the electrical stuff is a mess. The services never ceased — they have continued to date. The cars are parking right along their fence on the dirt (just a couple of inches from her brand new fence). She also has concerns regarding the Case #11-005 - CU -1416 S. Des Plaines River Road July 12, 2011 Page 7 flooding. She also pointed out that people have been there from 8:00 am to as late as 3:00 PM or 4:00 pm. Mr. Saletnik asked how many cars she has seen there. Mr. Momney has seen 12 cars parked on the property. Danette Miller of 1773 Forest, seven houses in from the property. She has seen between 4 — 6 cars parked on the street up to and past her house. Furthermore the services have been continual. Had concerns that it was a residential area and did not want the zoning change which would affect the property values negatively. Chairman Seegers corrected her that it was a conditional use — not a zoning change. Ms. Miller asked if it would revert back to residential without the conditional use. Mr. Chairman Seegers responded that if it were to be abandoned, it would revert back. Ms. Miller also had concerns with the house remaining empty during the week and the maintenance of the property. Terry Schmitz, of 1813 Forest, stated that they live directly behind the property and had a serious concern regarding flooding as their property floods a lot and the parking lot would make it worse. There have been 12 cars parking on the street. When Sunday school lets out the children are loud, used the neighbor yard and using a small swing set without asking permission. They use neighboring property as a walk- way. She and another neighbor have also seen a man urinating in the back yard. Chairman Seegers asked what they number of members they have in congregation (besides 15 families). Mr. George stated that many members carpool to their location — but number up to a maximum of 30 individuals would be in worship. Further, they did stop for two orthree weeks between when they received the ticket and the administrative hearing. The children playing in the neighboring yards — they did receive permission. The landscaping would also provide privacy for the neighbors. They would properly maintain the property, landscaping, and would provide for snow removal. Also, some members may arrive early to park on the street so they are not blocked by other congregants parking on the driveway. Chairman Seegers stated that the parking congestion was a big concern for the area — the parking was inadequate now, much less if the use is permitted. Mr. George stated that the condition was based on their current situation; they cannot fit more than 49 people in the house. Chairman Seegers stated it was a conditional use to allow that use in that area. The City has many churches in that area, but the area cannot support additional parking. Mr. Hofherr asked Mr. Mangum about Mr. George's address not being in Morton Grove and was now in Arlington Heights. Mr. Mangum confirmed the Arlington Heights address. Mary Delafeld, 1783 Wicke, had questions. The space might be adequate for a normal worship service, but what about weddings and holidays. In addition, one bathroom for 49 would be inadequate. History shows that a property once converted would never go back to its original use as a residence and would create a loss in property values in the neighborhood. Mr. George stated that there would be two bathrooms in the plan. Weddings and funerals would not and could not be performed at that location. Case #11-005 - CU -1416 S. Des Plaines River Road July 12, 2011 Page 8 Mr. Porada stated that he has reviewed the attorney's letter of February 11, 2011, anticipating overflow parking in the streets. He commented that petitioners often promise they would not park on the street. The Community and Economic Development Department has only given them nine spaces in the back, but will not allow the front yard parking. Anticipating that overflow parking on the street, and using front yard parking, shows the kind of neighbor they would be. He also generally does not vote for after the fact variation because it promotes bad behavior, but would not hold that position as a bias in this case. They bought the property, cleaned it up, and started using the building as a place of worship and then asked for permission. Mr. Hotherr stated it was not conducive to the neighborhood to allow this use for this property. A motion was made by Board Member Porada, seconded by Board Member Hotherr, to deny request for a Conditional Use Permit under Section 7.2-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the establishment of a Place of Worship in the R-1 District. AYES: Catalano, Hofherr, Porada, Saletnik, Seegers, Szabo NAYS: None MOTION CARRIED ��-O� The meeting was adjourned at 9:00 p.m. by unanimous voice vote. The next meeting of the Des Plaines Zoning Board of Appeals is on Tuesday, July 26, 2011. Sincerely, A.W. Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals