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11/08/2011IF DES PLAINES ZONING BOARD OF APPEALS Un m �� November 8, 2011 tL MINUTES DES PLAINES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, November 8, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS AYES: Catalano, Szabo, Saletnik, Hother, Porada, Schell, Seegers ABSENT: None Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at7:36 P.M. Chairman Seegers stated that Case #11 -061 -CU -V was continued to the November 29, 2011 meeting. A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to approve the minutes of the September 13, 2011, hearing as submitted. AYES: Catalano, Szabo, Saletnik, Hother, Porada, Schell, Seegers NAYES: None ABSTENTION: Schell MOTION CARRIED Case Number: 11-053 — V (cont'd from October 25s') Address: 496 Pleasant Lane The petitioner is requesting a variation to Section 7.24D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to rear of an existing single-family residence with a building coverage of 33.3%, where a maximum of 30% is allowed within the R-1 zoning district. Petitioner: Josh Delpierre, 549 W. Lake Street, Elmhurst, IL 60126 Owner: Henry Goebbert, 496 Pleasant Lane, Des Plaines, IL 60018 Josh Delpiere, construction manager, 549 w. Lake Street, who was sworn in at the last meeting, stated that he had nothing additional to report since the last meeting. Board Member Hother asked if the area under the proposed addition was a hard surface. Mr. Delpiere stated it was not. Board Member Szabo asked Mr. Delpierre to repeat his information as the Board had a new member. Mr. Delpiere reviewed the request from last month stating that they were here to increase the building coverage to 33.3% (3.3% variation). Mr. Goebbert has asthma and can no longer sit outside and enjoy the outdoors. The deck would be taken out and a three -season room addition built. Mr. Delpiere reviewed the list of materials that would be used and stated that it would be a non -heated room. All of the neighbors have approved this proposed addition. Further, the Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 2 addition would barely be visible from the street and the nearest neighbor would not be able to see it as there was a tree blocking the view of the proposed addition. Board Member Catalano confirmed that the lot coverage would be 33.3%. The owner, Mr. Goebbert stated that he has lived in the house for 11 years. He stated that he has asthma and just received a pacemaker this past year. He explained that was no longer able to withstand the summer heat. He wanted to be able to sit in the room so he could enjoy the backyard without having to worry about the heat. In addition, his neighbors all approved. Board Member Catalano asked if it was a deck or a patio they were replacing. Mr. Delpierre stated they would be replacing a deck. Chairman Seegers asked for the report to be read in by Mr. Mangum. 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 one-story addition to rear of an existing single-family residence with a building coverage of 33.3%, where a maximum of 30% is allowed within the R-1 zoning district. Analysis Address: 496 Pleasant Lane Existing Zoning: R-1, Single Family Residential District Petitioner: Josh Delpierre, 549 W. Lake Street, Elmhurst IL, 60126 Owner(s): Henry Goebbert, 496 Pleasant Lane, Des Plaines, IL 60018 In reviewing this variation request, staff has considered the following information: The approximately 55.4' by 125' (6,881.88 square foot) lot at 496 Pleasant Lane is a legal conforming lot with regards to both lot width and lot size in the R-1 District. A two story brick single-family residence with attached two -car garage and 150 square foot shed currently exist on site. The applicant proposes to add approximately 221 square feet through a single story addition to the rear of the house. The addition would contain a sunroom where an outdoor patio area currently exists. The applicant states that the small lot size prevents the addition of the sunroom. The existing house and attached garage cover approximately 30.5% of the lot The proposed addition would place the total building coverage at approximately 2,292.5 square feet (33.3%), where the zoning ordinance allows a maximum building coverage of 2,064.6 square feet. The property owner received a building permit for the 150 square foot shed in 2001 and an approximately 145 square foot rear addition to the house in 2002. 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. Recommendation: Staff recommends denial 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 denial of the variation as the subject lot meets the minimum lot size requirement, is similar in size to the adjacent properties to the east (all six are 6,875 square feet), and the owner has added approximately 295 square feet of building coverage to the lot since the adoption of the 1998 Zoning Ordinance. Chairman Seegers asked for comments from the audience. There were none. Board Member Szabo stated that he believed it warranted approval. Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 3 Board Member Porada stated that at the last meeting both the petitioner and petitioner's representative spoke and that they had an opportunity, before the vote was taken, to elect to either proceed or for it to be put over to next month's meeting. The petitioner had elected to proceed. The vote was unfavorable at the last meeting. He thought it was absurd that although the matter did not pass it was allowed to be continued and heard at this meeting. Chairman Seegers stated that the petitioner should have been told before the vote was taken that four votes were needed to approve the variation and that he had a choice to have it continued or to continue on to the vote. As he was told after the vote, the petitioner was given the opportunity to have it heard at this meeting. A motion was made by Board Member Board Member Szabo, seconded by Board Member Catalano to recommend approval of a variation to Section 7.2-41) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to rear of an existing single family residence with a building coverage of 33.3%, where a maximum of 30% is allowed within the R-1 zoning district AYES: Catalano, Szabo, Saletnik, Seegers NAYES: None ABSTENTION: Schell PRESENT: Holbert, Porada MOTION CARRIED Case Number: 11 -058 -CU Address: 855 E. Rand Road 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 the operation of a motor vehicles sales operation with accessory auto service repair and auto body repair in the C-3 District. Petitioner: Adam Jidd, 7443 W. Irving Park Road, Chicago, IL 60553 Owner(s): Fifth —Third Bank, 222 S. Riverside Plaza, Chicago, IL 60606 Ms. Bahn Al Abosy, petitioner's architect, of 430 Wilshire East, Wilmette, was sworn in, and stated that it would be the same use as the previous motor vehicle sales use. Chairman Seegers asked about the operating hours. Ms. Al Abosy stated it would be open from 8 am to 9 pm on weekdays, 8 am to 6 pm on Saturdays, and closed on Sunday. Chairman Seegers asked if they would be using the same sign. Ms. Al Abosy stated it would with the exception of the name being changed. 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 the operation of a motor vehicles sales operation with accessory motor vehicle repair and auto body repair in the C-3 District. Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 shift Monday -Friday: 9:00 am to 9:00 pm, Saturday 8:00 am to 6:00 pm. Page 4 Vacant—Previously Motor Vehicle Sales and Auto Service Repair Analysis Proposed Use Motor Vehicle Sales, in addition to accessory Auto Service Repair and Auto Body Repair Petitioner Adam Jidd, 7443 W. Irving Park Road, Chicago, IL 60553 Owner Fifth —Third Bank, 222 S. Riverside Plaza, Chicago, IL 60606 Plan of Operation Operate a motor vehicles sales business with approximately 40 employees per shift Monday -Friday: 9:00 am to 9:00 pm, Saturday 8:00 am to 6:00 pm. Existing Use Vacant—Previously Motor Vehicle Sales and Auto Service Repair Surrounding Land Use North: Commercial Restaurant East: Commercial (Auto Sales) South: Single -Family Residential West: Single -Family Residential, School Existing Zoning G3, General Commercial Surrounding Zoning North: C-3, General Commercial East: C-3, General Commercial South: R-1, Single Family Residential West: R-1, Single Family Residential Street Classification Rand Road is an Arterial road. Comprehensive Plan The Plan recommends a Community Commercial use for this site. A Conditional Use Permit for a motor vehicle sales operation at 855 E. Rand Road was approved by the City Council on January 18, 2011 (Z-1-11). The petitioner has not started operation and the property owner, Fifth -Third Bank, is now under contract with a new operator. While the Zoning Ordinance (Section 3.4-8.C) states that a Conditional Use "shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such use or lot", because Ordinance Z-1-11 was signed by the previous petitioner the City Attorney determined that a new operator would need to apply for a new Conditional Use Permit The new petitioner, Adam Jidd of Jidd Motors, has applied for a Conditional Use Permit and agreed to the conditions of Z-1-11. The only change proposed is the addition of accessory auto body repair, which falls under the zoning definition of motor vehicle sales. The site was previously operated as an auto dealership via a Special Use Permit that was granted in 1997. It had been operated as Midway Kia since 2003. The 3.74 acre site has approximately 389' of frontage and is located on the South Side of Rand Road at the intersection of Meadow Drive/Third Avenue. The site is accessed by two curb cuts off of Rand Road (US 12) and improved with a one-story building and parking areas. The business would operate six days per week with an anticipated maximum of 40 employees per shift. In addition to auto sales of pre -owned vehicles, the operator would provide mechanical service and body repair of vehicles. The applicant has proposed site improvements including adding a 7 -foot wide landscaping area with shrubs, trees, and a 4 -foot high ornamental wrought -iron style fence along the Rand Road frontage. The zoning and current land use to the west and south of the subject property is single-family residential. An existing 6 -foot high privacy fence and public alley separate the land uses. To lessen the impact on the residences Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 5 adjacent to the facility conditions of approval are recommended to limit the hours of operation, location of repair activities, and lighting levels. The petitioner has requested a waiver of the traffic study. Based on the similarity of proposed operations to the previous use at this site, the requirement for a Traffic Study was waived after consultation with the City's Engineering Division. 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: Motor Vehicles Sales is a conditional use in G3, General Commercial Zoning District, as specified in Section 7.3 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 2007 Comprehensive Plan recommends a Community Commercial 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 Motor Vehicle Sales operation fronts on Rand Road, an arterial road that currently has an auto -oriented character. Conditions of Approval incorporate landscaping and operational requirements to lessen the impact of operations. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses; Comment: With proposed conditions of approval relating to landscaping, lighting, and hours of operation, none of the functions of the Motor Vehicle Sales operation 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 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; Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 6 Comment: With proposed Conditions of Approval, the proposed Motor Vehicle Sales operation is not anticipated to create additional traffic, noise, or odors 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 is not anticipated to generate an increase in traffic from the levels experienced by the previous operator, and thus will 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 Motor Vehicle Sales operation would be 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: It appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendation: The Community Development Department recommends approval of the conditional use permit request for a Motor Vehicle Sales operation, 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 complete site improvements as indicated on the Site and Landscape Plans including installing and/or maintaining in good condition uniform fencing. 2. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. 3. Hours of operation are limited to: Monday -Friday: 9:00 am to 9:00 pm, Saturday 8:00 am to 6:00 pm. 4. All repair of vehicles shall occur inside the building. 5. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 6. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan that limits the maximum amount of horizontal foot-candles on residential properties to not more than 0.1 foot-candles at the single-family residential property line. 7. No long-term parking or storage of commercial vehicles shall be allowed. Board Member Szabo asked if they were going to sell all used cars. Mr. Jidd stated that they were pre -owned cars. Mr. Jidd explained that they have been in business for years as a wholesaler and decided to branch out into retail sales with a current location in Brookfield. Mr. Jidd stated that cars would be sold to local customers as well as shipped to internet buyers. Board Member Szabo asked how many would be for sale at one time. Mr. Jidd stated there would be 250 — 300 cars on the lot. Board Member Saletnik asked about the body shop. Ms. Al Abosy stated that the auto body shop would work on the cars inside the building, and the cars waiting for servicing would be parked in the back within fenced lot. Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 7 Board Member Saletnik asked for more details such as would there be cars missing bumpers, smashed -in cars, or cars with roofs smashed in. Mr. Jidd stated the cars would be clean title cars, not salvage vehicles. Repair vehicles would be stored in the rear of the building. Board Member Hofherr stated that some areas of the fence were deteriorating and asked if the fence would be replaced. Mr. Jidd stated that it would be done right away. Board Member Hofherr acknowledged that the cars would be sold all around the world and in shops in other countries. Mr. Jidd affirmed they had three shops in other countries and shipped the cars there for sale. Board Member Schell asked what percentage would be toward the used car/auto repair as compared to new car sales. Mr. Jidd stated repair would be 10-15% of the business. Chairman Seegers asked for comments from the audience. Mr. Nick Chiropolos, 156 N. Third Avenue, who lives adjacent to the property and been there for 30 years, stated that the first place was a Mazda operation and they were great neighbors. Then it was sold to an independent operator with used car sales, body work, and parts, and that operation was a disaster. The owner never maintained the property. Then KIA moved it for a few years and they were not a good neighbor either, the fence kept falling down, noise pollution, problems with lights. Finally, they have had 3 petitions before the board this year. The first was for a KIA dealership, which the owner was using his own money — no help from the state or city, and while waiting he cleaned up the property very nicely. Then he hit a snag with another dealership who didn't want the competition. Mr. Chiropolos did not want the problems that happened with previous owners. He wants the provisions asked for by the city to be followed. He also wanted to know the percentage breakdown of their business - used cars/repairs, oil changes, car clean up. Mr. Jidd responded that repair would be 10 to 15% of their business and that the majority of their business would be in sales. Mr. Porada stated that the gentleman was repeating earlier testimony which was redundant with testimony provided at earlier hearings. Board Member Szabo stated to let him speak. Chairman Seegers thanked Mr. Chiropolos. Board Member Saletnik stated that in the past, for used car sales, the petitioner normally would need to specify the amount of parking stalls for the cars. Ms. Al Abosy stated that the three zones (in front of the building, beside the building, and behind the building) displaying the parking area showed the parking stalls. Board Member Saletnik asked what the quantity of the spaces are compared to the volume of cars anticipated. Mr. Mangum stated they did not have that information, however, the site plan could be broken out to show the number of spaces as a condition of approval. A motion was made by Board Member Catalano, seconded by Board Member Board Member Szabo to recommend approval of a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a motor vehicles sales operation with accessory auto service repair and auto body repair in the C-3 District with the following stipulations: 1. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the Site and Landscape Plans including installing and/or maintaining in good condition uniform fencing. Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 8 2. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. 3. Hours of operation are limited to: Monday -Friday: 9:00 am to 9:00 pm, Saturday 8:00 am to 6:00 Inn. 4. All repair of vehicles shall occur inside the building. 5. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 6. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan that limits the maximum amount of horizontal foot-candles on residential properties to not more than 0.1 foot-candles at the single-family residential property line. 7. No long-term parking or storage of commercial vehicles shall be allowed. AYES: Catalano, Szabo, Saletnik, Holbert, Porada, Schell, Seegers NAYES: None MOTION CARRIED Case Number: 11 -061 -CU -V Address: 1590 Lee Street (cont'd to 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. Petitioner: JP Morgan Chase Bank, N.A. Owner(s): HF Oakton, LLC, c/o Inter -Continental Real Estate and Development, 2221 Camden Street, Suite 200, Oakbrook, IL 60523 Case Number: 11 -056 -CU Address: 1225E. Forest Avenue The petitioner is requesting a Conditional Use Permit under Section 7.4-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the operation a Wholesale Goods Establishment (Boston Fish Market) with Limited Accessory Retail Sales in the M-1 Zoning District. Petitioner: Boston Fish Market, Louis Psihogios, 1649 Oakton Place, Des Plaines, IL 60018 Owner(s): Boston Fish Market, Louis Psihogios, 1649 Oakton Place, Des Plaines, IL 60018 Mr. Psihogios, Petitioner, was sworn in, and stated that he was building a new facility and need 7% of the 45,000 s.f. facility (for retail space. Chairman Seegers asked about the hours. Mr. Psihogios stated they would be open 8 am to 5pm, Monday through Saturday. Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 9 Chairman Seegers stated it would be product in and out. Mr. Psihogios stated it would be wholesale and retail. They have shipments to all over the world. They also get shipments in from Canada. They are currently next to Oakton pavilion. Board Member Szabo asked how many retail customers they served a day. Mr. Psihogios stated between 15-20 customers. He expects maybe 30 customers a day at the new place. Board Member Szabo asked for the number of parking spaces they had and number of employees. Mr. Psihogios stated there were 38 spaces and 25 employees. Board Member Schell asked about the processing side. Mr. Psihogios stated they would process the fish and then distribute to clubs and restaurants. Board Member Schell asked about the percentage of the retail. Mr. Psihogios stated about that the retail side only comprised 5% of the business. Board Member Hofherr asked about the processing, was it similar to being a butcher. Mr. Psihogios responded it was. The waste is picked up 4 to 5 times a week and it would not be going into the sewer systems, but to on-site storage tanks, which would be cleaned out once a month. Board Member Hofherr assumed that the volume would be increased and asked if the tanks could handle the additional load. Mr. Psihogios stated they have upgraded the tanks and would be able to handle the increased load. Mike Harrell, Architect, stated that he was familiar with the building operation. The building has been updated and the tanks and separators sized appropriately for the amount of volume to meet the MWRD requirements. Board Member Hofherr stated another place was not cleaning out the tanks often enough and the waste was getting into the local sewer system. He was concerned that it could happen in Des Plaines as well. Mr. Psihogios explained how the tanks work, the compartments, and drainage. They must adhere to the European standards and the FDA as well. They have very high-end customers and a high-end operation. Board Member Szabo stated his daughter, who works for an environmental company, had inspected Mr. Psihogios' property and they passed the inspection for the new operation. This addressed all the concerns previously voiced by the board members. Board Member Saletnik asked about the truck routes, size, and number. Mr. Psihogios stated the receiving dock is on the east side of the building, and that the entrance to the parking is on the west side of the building. There will be two semis per day and the rest would be regular trucks for intrastate deliveries and deliveries to/from Canada, and vans for local deliveries. Board Member Schell asked about the water use, specifically used similar to a wastewater plant, and asked about the water use standards from Mr. Mangum. Mr. Mangum stated that the zoning was M-1. Chairman Seegers asked for the report to be read in by Mr. Mangum. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.4-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the operation a Wholesale Goods Establishment (Boston Fish Market) with Limited Accessory Retail Sales in the M-1 Zoning District. Analysis: Proposed Use Wholesale Goods Establishment (Boston Fish Market) with Limited Accessory Retail Sales Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Vacant tenant space in industrial building Page 10 North: Commercial Petitioner Boston Fish Market, Louis Psihogios, 1649 Oakton Place, Des Plaines, IL 60018 Owner Boston Fish Market, Louis Psihogios, 1649 Oakton Place, Des Plaines, IL 60018 Plan of Operation Typical hours of operation would occur weekdays from 8:00am to 5:00pm, and with occasional weekend hours for both retail and wholesale activities. A total of 17 employees would be present. Existing Use Vacant tenant space in industrial building Surrounding Land Use North: Commercial East: Light Industrial/Office South: Commercial West: Commercial Existing Zoning M-1, Light Manufacturing Surrounding Zoning North: C-3, General Commercial East: M-1, Light Manufacturing South: C-4, Regional Shopping Commercial West: G3, General Commercial Street Classification Forest Avenue is a local street according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Community Commercial Land Use for the site. Boston Fish Market has requested a Conditional Use Permit to operate a Wholesale Goods Establishment with Limited Accessory Retail Sales at 1225 E. Forest Avenue in the M-1 Zoning District. The 225' by approximately 300' (67,385 square foot) lot at 1225 E. Forest Avenue is nonconforming with regards to lot size, as the minimum M-1 lot size for a new subdivision is 5 acres. A one-story brick and metal building with office and warehouse spaces exists on site. The applicant would occupy the entire 27,739 square foot building. The proposed floor plan includes warehouse and food processing areas, refrigeration and freezer areas, fast food processing, as well as shipping and receiving areas adjacent to the interior truck dock. An additional 1,271 square foot retail area is proposed. Limited Accessory Retail Sales of products processed on site is permitted by right in the M-1 Zoning District as long as the area is less than 10% of the floor area. There are 38 parking spaces provided on site, which exceed the requirements for the proposed uses. The proposed plan of operation includes typical hours of operation from 8:00am to 5:00pm on weekdays and occasional weekend hours. 17 employees are expected to be split between the wholesale and retail functions. The applicant is relocating from their current operation at 1649 Oakton Place. A traffic study was prepared by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) in October 2010 with an addendum to include the retail sales use completed in October 2011. The initial study concluded that the facility is projected to generate a very limited volume of traffic, especially during the critical morning and evening peak hours, generate less traffic than other uses that could occupy the site; that the existing three access drives will be sufficient to ensure efficient and orderly access with limited impact on Forest Avenue, and that the proposed facility will have a limited impact on the operation of the Lee Street/Forest Avenue intersection. The addendum found that the low Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 11 volume of additional traffic to be generated by the retail space will have limited, if any, impact on the operation of the roadway system. The Engineering Division has reviewed these documents. 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 Wholesale Goods Establishment is a Conditional Use in the M-1, Light Manufacturing Zoning District, as specified in Section 7.4-4-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 2007 Comprehensive Plan recommends Community Commercial for this site. However, a Wholesale Goods Establishment is a Conditional Use in the M-1 Zoning District and the proposed use also includes a retail component. 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 Wholesale Goods Establishment would be located within an existing structure. The exterior of the building is being re -clad with brick masonry. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Wholesale Goods Establishment are anticipated to be hazardous or disturbing to the surrounding neighborhood. The applicant has stated that they will use a mechanical air filtration system consisting of filtered exhaust air supplemented by make-up air to minimize potential impacts. 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. H. 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. I. 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: Based on the traffic study submitted the proposed Wholesale Goods Establishment is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network. The applicant has stated that they will use a mechanical air filtration system consisting of filtered exhaust air Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 12 supplemented by make-up air to minimize potential impacts. Additionally, a condition of approval addresses the Environmental Performance Standards regarding odor. 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 existing curb cuts on Forest Avenue for access. Based on the traffic study provided, staff does not find any evidence for significant interference with traffic patterns. 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 exterior appearance of the building is being re -clad with brick masonry. The proposed plan would not add impervious surface, nor 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 Wholesale Goods Establishment appears to conform to all other zoning regulations. A variance was granted earlier this year to enclose a truck dock within the front -yard setback. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Wholesale Goods Establishment, 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 Conditions of Approval. 1. Emission of noxious, objectionable, or annoying odor in such quantities as to be detectable at any point along a lot boundary is prohibited. 2. Prior to issuance of the Conditional Use Permit, the applicant shall remove all barbed-wire from existing fencing. Chairman Seegers asked for comments from the audience. There were none. A motion was made by Board Member Hofherr, seconded by Board Member Saletnik to recommend approval of the Conditional Use Permit modification request for the establishment of a Wholesale Goods Establishment, 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 Conditions of Approval as stipulated below: 1. Emission of noxious, objectionable, or annoying odor in such quantifies as to be detectable at any point along a lot boundary is prohibited. 2. Prior to issuance of the Conditional Use Permit, the applicant shall remove all barbed-wire from existing fencing. AYES: Catalano, Szabo, Saletnik, Holbert, Porada, Schell, Seegers NAYES: None MOTION CARRIED Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 13 Case Number: 11-059-V Address: 2711 Mannheim Road The petitioner is requesting a variation to Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 90 square foot pole sign with a 32 square foot Electronic Message Board (36%), where a maximum of 30% (27 square feet) of a 90 square foot sign may consist of an Electronic Message Board. Petitioner: John Imreibe, 2711 Mannheim Road, Des Plaines IL 60018 Owner: John Imreibe, 2711 Mannheim Road, Des Plaines IL 60018 John Imreibe, petitioner, was sworn in, and stated that he has been trying to replace their sign for the last two years since April, 2009. Recently, there was a change made in the Zoning Ordinance regarding the electronic message signs in their zoning district. Their business is not located near a stop light and would like a bigger sign for the traffic to read. Traffic speed is 40 mph in their area. The current sign code states that the message is not supposed to change for 10 seconds. They have a sign and wanted to take a portion of it and make it into an electronic sign, however, this would not be allowed as they currently have a legal non -conforming sign. Therefore, they needed to put in a new sign which would be smaller than the sign they currently have. 32 square feet of the 90 square foot sign was to be the electronic portion. They have had competition down the street from them in Schiller Park that has a 200 square foot sign. They feel that the 32 square feet is a reasonable size. Board Member Szabo asked if his customers are limo drivers. Mr. Imreibe stated that 20 — 25% of their customers are limo drivers. Board Member Catalano asked if the portion of the existing sign that lists "exterior car wash" would be on the new sign and also asked if the EMB sign would be flashing. Mr. Imreibe stated it would not. Chairman Seegers asked if the electronic sign show time and temp. Mr. Imreibe stated that they have different things they could put up. For instance, the upcoming Veteran's Day, they offer free car washes to veterans or active duty military members. This could be put on the electronic sign. Chairman Seegers asked if the sign would be backlit. Mr. Imreibe stated it would, however the lower striped portions would not be lit Chairman Seegers asked if this would be on 24 hours. Mr. Imreibe explained the hours the current sign is on — early morning hours when it was still dark and in the evening when it became dark until midnight. The EMB sign may have expanded hours. Chairman Seegers asked for the report to be read in by Mr. Mangum. Issue: The petitioner is requesting a variation to Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 90 square foot pole sign with a 32 square foot Electronic Message Board (36%), where a maximum of 30% (27 square feet) of a 90 square foot sign may consist of an Electronic Message Board. Analysis: Address: 2711 Mannheim Road Existing Zoning: G3, General Commercial Zoning District Petitioner: John Imreibe, 2711 Mannheim Road, Des Plaines IL 60018 Owner(s): John Imreibe, 2711 Mannheim Road, Des Plaines IL 60018 In reviewing this variation request, staff has considered the following information Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 14 The petitioner/owner is proposing to remove the existing pole sign and construct a 90 square foot sign with a 32 square foot Electronic Message Board component (EMB) at 2711 S. Mannheim Road in the C-3 General Commercial Zoning District. The Royal Touch Car Wash is located on an irregularly shaped parcel with a total area of approximately 36,015 square feet (83 acres) on the east side of Mannheim Road. A one-story building with 10 parking spaces is developed on the site. On September 19, 2011 the City Council approved a Text Amendment (Z-27-11) to the Zoning Ordinance that increased the maximum allowable size of Electronic Message Board (EMB) signs to 32 square feet, but maintained the proportionality limitation that an EMB cannot exceed 30% of the total area of a sign. Based on the 150 foot frontage on Mannheim Road a maximum of one 20 -foot high 90 square foot pole sign is allowed, thirty percent of which (27 square feet) can be an active EMB component. The proposed sign exceeds the 250 -foot minimum distance from the nearest residential property line on Greco Avenue by approximately 50 feet and would be further screened by the building. EMB signs are also limited to displaying stationary images for a period of not less than 10 seconds and are required to be equipped with automatic dimming technology. The applicant states the fact that competitors have EMB signs, the 40 mile per hour (MPH) speed limit on Mannheim Road, and the lack of a stop light as reasons for the request. Posted speed limits at or in excess of 40 miles per hour are present within the City on portions of Des Plaines River Road, Mannheim Road, Wolf Road, Mount Prospect Road, Elmhurst Road, Higgins Road, Touhy Avenue, Oakton Street, Algonquin Road, Thacker Street, Ballard Road, Golf Road, Central Road, Northwest Highway, and Rand Road. The request is a major variance, as the size requested is more than 10% greater than allowed by code for an electronic message board component of a pole sign. Recommendation: Staff recommends denial of the requested sign 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 described hardship of a mid -block location on a roadway with a 40 mph speed limit does not seem to be unique to corridor commercial developments within Des Plaines. Chairman Seegers asked for comments from the audience. There were none. Board Member Szabo stated that the newer sign is smaller than the old sign and more aesthetically pleasing. The location is so far from any residential property that he saw no problem with it. A motion was made by Board Member Board Member Szabo, seconded by Board Member Catalano to recommend approval of the requested sign variation. AYES: Catalano, Szabo, Saletnik, Seegers NAYES: Holbert, Porada, Schell MOTION CARRIED The meeting was adjourned at 8:50 p.m. by unanimous voice vote. Case #11-053-V — 496 Pleasant Lane Case #11 -058 -CU — 855 E. Rand Road Case #11 -061 -CU -V —1590 Lee Street (Continued to 11/29/11) Case #11 -056 -CU —1225 E. Forest Avenue Case #11-059-V — 2711 Mannheim Road November 8, 2011 Page 15 Sincerely, A.W. Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals