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#%DES PLAINES ZONING BOARD OF APPEALS
U it n �� October 25, 2011
tL MINUTES
DES PLAINES
ILLINOIS
The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, October
25, 2011, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD OF APPEALS
PRESENT: Szabo, Saletnik, Hother, Porada, Seegers
ABSENT: Catalano
Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development.
Chairman Seegers called the meeting to order at7:32 P.M.
Board Member Salemik commented on the minutes of the 9/13/11 meeting on the 6th page his comment was in
response to another Board Member's comment, not in response to the petitioner's comments.
The minutes of the 9/13/11 meeting will be revised for review at the next Zoning Board of Appeals meeting.
A motion was made by Board Member Szabo, seconded by Board Member Holbert, to approve the minutes
September 27, 2011, hearing.
AYES: Szabo, Saletnik, Hofher, Porada, Seegers
NAYES: None
ABSENT: Catalano
MOTION CARRIED
Case Number: 11 -048 -CU
Address: 1495 Prospect Avenue
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 expansion to a place of worship within the R-1 District by constructing a
handicapped accessible restroom.
Petitioner: That Bao Temple, 1495 Prospect Ave., Des Plaines, IL 60018
Petitioner, Jimmy Tang, 605 S. Walnut, Schaumburg, stated they only had two toilets and need to put in an
additional toilet.
Chairman Seegers asked him to review the plan. Mr. Tang stated itwould be 7' wide and 10' deep.
Chairman Seegers asked about the materials. Mr. Tang responded it would be concrete block on the outside and
drywall on the inside.
Board Member Szabo asked if the existing was in concrete block as well. Mr. Tang responded it was.
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 2
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 expansion to a place of worship within the R-1 District.
Analysis
Proposed Use
Place of Worship
Petitioner
Jimmy Tang, 605 S. Walnut Ave., Schaumburg, IL 60193
Owner
Thich Chou Minh, 1495 Prospect Ave., Des Plaines, IL 60018
Existing Use
Place of Worship
Surrounding Land Use
North: Single Family Residential
East: Two Family Residential
South: Single Family Residential
West: Parking Lot
Existing Zoning
R-1, Single Family Residential
Surrounding Zoning North: R-1, Single Family Residential
East: R-2, Two Family Residential
South: R-1, Single Family Residential
West: R-1, Single Family Residential
Street Classification Prospect Avenue and Illinois Street are considered local streets.
Comprehensive Plan Recommends Institutional use for this site.
The petitioner, Jimmy Tang has applied for a Conditional Use permit to expand upon an established place of
worship to improve handicap accessibility to an existing restroom. Phat Bao Temple is located at the address
commonly known as 1495 Prospect Avenue, which is composed of 6 parcels (Attachment 2). When combined, the
property is approximately 30,879 square feet (Exhibit 1).
1495 Prospect Avenue is located on the comer of an R-1 single-family residential district and is allowed a maximum
building coverage of 35 percent. The subject property currently contains a 1 -story concrete block temple and
accessory shed that is approximately 6,258 and 121 square feet, respectively. When combined, the two represents
about a 20.7 percent building coverage ratio.
The proposed addition the petitioner is seeking to construct is 160 square feet, or an approximately 2.6 percent
increase to the place of worship. However, the new building coverage to property area ratio would increase by only
half a percent to 21.2 percent (Exhibit 2). The proposed addition is located in the interior of the building outline and
will not further encroach upon the existing setbacks (Exhibit 3).
The main sanctuary of the temple is approximately 1,465 square feet and does not have affixed seating. To that end,
the Zoning Ordinance requires one off-street parking space for every 60 square feet of the central area of worship.
Given these figures, the temple meets the required off-street and mobility -impaired accessible parking spaces with
24 and 2, respectively (Exhibit 1).
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 3
Phat Bao Temple was able to meet said parking requirements due to a Conditional Use Permit (10 -023 -CU)
submitted by the applicant in April, 2010 to create an additional 12 parking spaces at 1469 Prospect. The permit
passed (Z-18-10) September, 2010 subject to three conditions of approval.
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: Expanding upon an existing place of worship requires a conditional use in the R-1, Single Family
Residential 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 Comprehensive Plan recommends institutional use for the location of Phat Bao Temple, and that
institutional land uses are important for sustaining basic community service functions as well as enhancing the
City's overall quality of life.
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 addition is designed and to be constructed, operated and maintained under the
requirements of the City Zoning Ordinance and Building Code. According to the submitted exterior plans (Exhibit
3), the addition appears to be in concert with the rest of the building. For example, new blocks, asphalt shingles and
gutters have been illustrated to match the existing structure. From a bird's eye view (Attachment 3), the temple
appears to be relatively harmonious with the existing neighborhood.
D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses:
Comment: The proposed conditional use would not be hazardous or disturb the surrounding neighborhood uses. The
proposed addition is to allow for handicapped accessibility to an existing restroom. Therefore, it will not create
added hazardous or disturbing conditions to the 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 plans with the petitioner, the proposed conditional use would be served adequately
by the existing essential public facilities and infrastructure. Given the nature of the project, improving handicapped
accessibility for a restroom would also not require additional 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: As mentioned above, the proposed conditional use would not create an additional burden on public
facilities and services, nor would it be detrimental to the economic well being of the entire 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 #11-048-CU— 1495 Prospect Avenue
Case #11-054-CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 4
Comment: The proposed 160 square foot addition to improve indoor handicapped restroom accessibility is not
anticipated to create additional traffic, noise or odors that could be detrimental to surrounding land uses. The
petitioner briefly reviewed the project plan with Public Works and Engineering staff and was determined that a
traffic study was also unnecessary.
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: As mentioned above, the proposed conditional use is not anticipated to generate an increase in traffic,
and therefore 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 conditional use would not cause the destruction, loss, or damage of any natural, scenic or
historic features of major importance. The project site will be located in an already developed area of the temple
(Attachment 3).
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 and Economic Development Department recommends approval of the
conditional use permit request to expand upon an established place of worship to improve handicap accessibility to
an existing restroom, 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 a building permit, the petitioner must install a sliding gate at the south end of the 1469
Prospect Avenue parking lot, as required by Conditional Use Permit 10-023-CU.
2. Prior to issuance of a building permit, the petitioner must install a 6-foot high fence between the residential lot
at 1461 Prospect Avenue and the 1469 Prospect Avenue parking lot, as submitted by the applicant and required
by Conditional Use Permit 10-023-CU.
Chairman Seegers asked for comments from the audience. There were none.
A motion was made by Board Member Saletnik, seconded by Board Member Hofherr to recommend approval of the
Conditional Use Permit under Section 7.2-4(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize
expansion to a place of worship within the R-1 District by constructing a handicapped accessible restroom with the
following stipulation(s):
1. Prior to issuance of a building permit, the petitioner must install a sliding gate at the south end of the 1469
Prospect Avenue parking lot, as required by Conditional Use Permit 10-023-CU.
2. Prior to issuance of a building permit, the petitioner must install a 6-foot high fence between the residential lot
at 1461 Prospect Avenue and the 1469 Prospect Avenue parking lot, as submitted by the applicant and required
by Conditional Use Permit 10-023-CU.
AYES: Szabo, Saletnik, Holbert, Porada, Seegers
NAYES: None
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 5
ABSENT: Catalano
MOTION CARRIED
Case Number: 11 -054 -CU
Address: 461 N. Third Avenue
The petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to for the operation an Indoor Shooting Range with accessory Firearm Sales in the M-2
Zoning District.
Petitioner: Barry and Claudia Levin, 1226 Rand Road, Des Plaines, IL 60016
Owner(s): 461 N Third LLC, 2340 S Des Plaines River Road, Suite 310, Des Plaines, 60018
Petitioner, Barry Levin, of 1226 Rand Road, stated they have been members of the community for almost 20 years.
They have outgrown the facility and want to move it to 461 N. Third Avenue, where they can have a larger shooting
rage, training station, and available parking, which they currently do not have. Mr. Levin stated that they have many
customers from the community, including the City of Des Plaines, and beyond.
They are closed on Mondays and are open on weekdays from 10:00am to 9:OOpm, and weekends from 9 00a to
5:00 pm (with occasional events lasting until 10:00pm).
Board Member Hofherr asked where the entrance would be and where the signage would be located. Mr. Levin
stated the entrance would be in the back and the sign would be in the front.
Board Member Szabo asked what they sold. Mr. Levin stated that they sold firearms, ammunition, time, and
training. The customer must be at least 21 years old, have a Firearm Owner's Identification Card, and must receive
training.
Board Member Szabo asked how many booths they would have at the new facility. Mr. Levin stated there would be
20 booths. They would also be able to qualify police officers at their new facility. Many law enforcement agencies
will significantly make use of their new facility.
Chairman Seegers asked for the report to be read in by Mr. Mangum.
Issue: The petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to for the operation an Indoor Shooting Range with accessory Firearm Sales in the M-2
Zoning District.
Analysis:
Proposed Use Indoor Shooting Range with accessory Firearm Sales
Petitioner Barry and Claudia Levin, 1226 Rand Road, Des Plaines, IL 60016
Owner 461 N Third LLC, 2340 S Des Plaines River Road, Suite 310,
Des Plaines, 60018
Plan of Operation Typical hours of operation would occur weekdays from 10:00am to 9:OOpm, and
weekends from 9:OOam to S:OOpm with occasional events lasting until 10:00pm.
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 6
Existing Use Vacant tenant space in industrial building
Surrounding Land Use
North: Industrial
East: Com Ed Utility Towers/Railroad Tracks
South: Industrial
West: Multi -Family Residential
Existing Zoning
M-2, General Manufacturing
Surrounding Zoning
North: M-2, General Manufacturing
East: R-3, Townhouse Residential
South: M-2, General Manufacturing
West: M-2, General Manufacturing
Street Classification
Third Avenue is a local street according to the City's Comprehensive Plan.
Comprehensive Plan
The Comprehensive Plan recommends Mixed Density Residential Use for the
site with Park and Open Space.
Maxon's Shooters has requested a Conditional Use Permit to operate an Indoor Shooting Range with accessory
Firearm Sales at 461 N. Third Avenue in the M-2 Zoning District. The 3.05 acre lot has 308' of frontage on Third
Avenue. The one-story 74,398 square foot building may be divisible into multiple tenant spaces. The applicant
would occupy the rear northeast corner of building in an approximately 100' by 106.5' area (10,650 square feet).
The proposed floor plan includes two 75' by 91' shooting ranges, a retail show room, two 25 -seat classrooms, and
areas for storage and gun smithing.
The proposed plan of operation includes typical hours of operation from 10 00a to 9:OOpm on weekdays, and
weekends from 9 00a to S:OOpm with occasional events lasting until 10:00pm. The applicant is relocating from
their current operation at 1226 Rand Road. Maxon's sells a number of firearms related merchandise and also acts as
a training facility with individual and group instruction.
There are 97 spaces provided on site to serve the building tenants in addition to 63 spaces to the east of the property
line in the Commonwealth Edison Utility Corridor. It is anticipated that the peak parking demand for the proposed
Indoor Shooting Range use will be outside of the peak parking demand for most industrial tenants. The applicant
indicated that a sign company currently occupies the southern portion of t he building, while the northwest portion
of the building is currently vacant. A waiver of the traffic study requirement was requested and has been granted.
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: An Indoor Shooting Range is a Conditional Use in the M-2, General Manufacturing Zoning District, as
specified in Section 7.4-5-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 mixed density residential and open space for this site.
However, an Indoor Shooting Range is a Conditional Use in the M-2 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:
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 7
Comment: The proposed Indoor Shooting Range use would be located within an existing structure. No major
exterior alterations with the exception of new entrances are proposed to the structure.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: None of the functions of the Indoor Shooting Range use are anticipated to be hazardous or disturbing to
the surrounding neighborhood. The applicant has stated that they will use sound insulation in addition to an air
filtration system 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.
F. The proposed Conditional Use does not create excessive additional requirements at public expense for
public facilities and services and will not be detrimental to the economic well-being of the entire community:
Comment: The proposed Conditional Use would appear to have adequate public facilities, it would not create a
burden on public facilities nor would it be a detriment to the economic well being of the community.
G. The proposed Conditional Use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property, or the general
welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors:
Comment: The proposed Indoor Shooting Range use is not anticipated to create an amount of additional traffic and
parking which cannot be accommodated by the existing street network according to the information provided. The
peak hours for the proposed use are generally outside of normal business hours of surrounding businesses.
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 Third Avenue for access. Based on
information provided, staff does not find any evidence for potential 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: No significant exterior building alterations are proposed. 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 Commercial Indoor Recreation use appears to conform to all other zoning regulations.
While the Des Plaines City Code (4 -7B -3.C.1.3) limits the location of Firearms Dealers to not closer than 0.25 miles
to a public park, the current operator is grandfathered (4 -7B -3.C.1.4) because they were established prior to
September 1, 1994.
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 8
Recommendation: The Community Development Department recommends approval of the Conditional Use Permit
modification request for the establishment of a Commercial Indoor Recreation use, 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.
Chairman Seegers asked for comments from the audience. There were none who objected, but a few wanted to
voice their comments.
Rick Biederer, 1484 S. River Road, was sworn in and stated that he would rather have the City of Des Plaines get his
money rather than him having to go clear out to Dundee.
Vickie Cienkowski, 628 Cobblestone, Glenview, was sworn in and stated that she was very impressed with the
training and the facility, thought it was better and safer than trying to go out into the Forest Preserve and shooting
targets there. They have classrooms and teach how to use and not to use firearms.
Anya Cienkowski, 628 Cobblestone, Glenview, an employee at Maxon's, was sworn in and stated she had not seen a
business of this caliber with the concern and safety of the community in mind. The new facility would allow them
to highlight the City of Des Plaines. They would increase sales within the City of Des Plaines. They are courteous,
and have the highest moral and business ethics. Firearms sales are taken very seriously make sure that the correct
people have the firearms and conduct themselves within the law. They provide the training to teach people to be
law-abiding citizens.
Board Member Szabo commented that when their clients go to the facility, their firearms must be transported in the
trunk of their vehicles. Mr. Levin confirmed it was true.
A motion was made by Board Member Holbert, seconded by Board Member Szabo to recommend approval of the
Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, to for the
operation an Indoor Shooting Range with accessory Firearm Sales in the M-2 Zoning District.:
AYES: Szabo, Saletnik, Holbert, Porada, Seegers
NAYES: None
ABSENT: Catalano
MOTION CARRIED
Case Number: 11-053 - V
Address: 496 Pleasant Lane
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
Petitioner: Josh Delpierre, 549 W. Lake Street, Elmhurst, IL 60126
Owner: Henry Goebbert, 496 Pleasant Lane, Des Plaines, IL 60018
Josh Delpierre, construction manager, 549 w. Lake Street, was sworn im and stated 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. Delpierre reviewed the list
of materials that would be used and that it would be a non -heated room.
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 9
Chairman Seegers asked if the neighbors were in favor. Mr. Goebert had distributed letters to his neighbors and the
following had signed the letters in favor of the projected addition:
1. Dan Husak, 486 Pleasant Lane
2. Dawn Modica, 485 Pleasant Lane
3. Kathy M. Husak, 486 Pleasant Lane
4. Ben Modica, 485 Pleasant Lane
5. Krystyna Zajac, 495 Dover Drive
6. Henry K. Cholewa and Robert C. Cholewa, 506 Pleasant Lane
7. Joe Cukierski, 495 Pleasant Lane
8. Stacy McCluskey, 1510 Marshall Dr.
9. Susan Niekrasz, 1515 Marshall Dr.
10. Vitale, 1525 Marshall
11. Czeslaw Nowak, 475 Pleasant Lane
12. Ernest Hahn, 456 Pleasant Lane
13. Tyrus Garrison, 465 Pleasant Lane
Board Member Szabo asked if the three rear windows would remain. Mr. Delpierre stated they would and that the
area where the windows are located is the kitchen eat -in area.
Board Member Saletnik asked if the addition would be in the rear and if it would be visible. Mr. Delpierre stated
that it would not be readily visible and that it would not be visible to the neighbor because of a tree blocking the
view.
Chairman Seegers asked for the report to be read in by Mr. Mangum
Issue: The petitioner is requesting 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
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
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 10
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 Saletnik asked for confirmation that it would be constructed as a sun -room, thereby allowing a future
resident to easily tear it down if they should wish to do so. Mr. Delpierre stated it would be easy to tear down by a
future resident
A motion was made by Board Member Szabo, seconded by Board Member Saletnik to approve 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
AYES: Szabo, Saletnik, Seegers
NAYES: Holbert, Porada
ABSENT: Catalano
MOTION FAILID
Board Member Szabo explained that since it wasn't a full board, he had the option to request a continuance for the
item to be brought up before a full board. Mr. Delpierre conferred with the owner and they decided to go before a
full board on November 8.
Mr. Goebert was sworn in and stated that he wanted the room built for his health. He has asthma and a pacemaker.
He couldn't go out this past summer because it is too hot for him. He would like to be able to enjoy his flowers and
look out over the backyard without jeopardizing his health.
Board Member Saletnik stated that the two members who voted "no" did not voice their reasons why and thought it
was unfair of them to restrain their comments.
Board Member Szabo stated that it was not necessary to give their comments if they did not wish to do so.
Board Member Hofherr stated that the consideration of the recommendation of the staff and secondly one of the
comments he has heard many times regarding receiving variations in Des Plaines is the fact that if one lives in Des
Plaines and want a variation all they need to do is fill out the application, go before the board, and have it pass. The
Board needs to look at it from the point of view that the board does not have to approve all requested variations and
start following the codes.
Board Member Szabo stated that if the Board went by the Staff report or the zoning code, there would be no reason
for a Zoning Board of Appeals. Not all variations have been approved. Each case had to be taken on its own merits.
He did not agree with Board Member Holberr's opinion.
Board Member Hofherr stated that many people coming out to look at home in the NW suburbs, his wife, her real
estate office, and other realtors have commented that it was very easy for the variations to be approved in the City of
Des Plaines.
Board Member Szabo stated that he respectfully disagreed
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
Page 11
Board Member Saletnik stated he appreciated the comments made. He thought the board should be compassionate
and think about helping one of its citizens where others have passed easily and now a senior citizen's request is
strictly held to code.
Case Number: 11-052 - V
Address: 751 Golf 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 150 square foot wall sign, where a maximum of 100 Square feet in size is allowed by code.
Petitioner: Tony Alfano, Signco, 1327 N. 31'` Street, Melrose Park, IL 60160
Owner: CB Richard Ellis, 20 N. Martingale Suite 100, Schaumburg, IL 60173
Petitioner, Tony Alfano, was sworn in, and stated that the owner was requesting a variation of an increase of square
feet of signage. He pointed out many of the signs were over 100 square feet in size and alluded to the signs shown
in the attachments.
Board Member Szabo asked about the description of the sign. Mr. Alfano stated it would be an illuminated LED
channel letters mounted on a raceway.
Chairman Seegers asked if the channels could be painted out
Board Member Saletnik asked for an explanation of the signage. Mr. Alfano described out the sign would be
mounted and attached to the building — no box. Mr. Alfano stated that the raceway where the letters would be
mounted would be 8x8 square. All the wires would go though each letter into the raceway and then into the
building.
Board Member Saletnik asked about Binny's — if they had a variation granted. Mr. Mangum stated that they had no
building permit records of the Binny's sign and that it was prior to 1998 Zoning Ordinance.
Board Member Saletnik asked about the Party Place's sign and graphic. He asked how the footage computation
was. Mr. Mangum stated that it was a 100 square foot, 10'x10' sign (measured from the outermost edges of the
sign).
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 150 square foot wall sign, where a maximum of 100 Square feet in size is allowed by code.
Analysis
Address: 751 W. Golf Road
Existing Zoning: G4, Regional Shopping Commercial District
Petitioner: Tony Alfano, Signco, 1327 N. 31'` Street, Melrose Park, IL 60160
Owner(s): CB Richard Ellis, 20 N. Martingale, Suite 100, Schaumburg, IL 60173
In reviewing this variation request, staff has considered the following information:
Planet Fitness, a health club, has recently remodeled a 20,864 square foot tenant space within the 154,000 square
foot Market Place Shopping Center. The applicant is requesting a variation to allow a 150 square foot sign. Section
11.6B of the Zoning Ordinance allows three square feet of wall signage per one linear foot of building frontage up to
100 square feet The applicant sites the distance of approximately 450 -feet from Golf Road and proportionality of
the proposed sign to the building frontage as reasons to grant the request.
Case #11 -048 -CU— 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
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Other large tenants in the shopping center have signs that are 100 square feet or less such as Dollar Tree (82.5 SF),
Party Time Palace (100 SF), and the recently closed International Fresca Market (100 SF). Information about the
size of the sign for the adjacent tenant, Binny's Beverage Depot, which has been present at the location since at least
1993 and therefore predates the current Zoning Ordinance, was not available. Smaller Market Place Shopping
Center tenants with wall signs include China Wok (30 SF) and Enopi (16.25 SF).
Multi -tenant pole signs are located at the perimeter of the property along both Golf and Elmhurst Roads. Sign
permits to reface 20.83 square foot (25" by 10') panels on each of the two existing illuminated pole signs have
already been approved for Planet Fitness.
The request is a major variance, as the size requested is more than 10% greater than allowed by code for a wall sign.
A recent Text Amendment to the Zoning Ordinance (Z-27-11) allowed for sign variance requests of up to 50%,
where they have previously been limited to not more than 10%.
Recommendation: Staff recommends denial of the requested wall 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 large setback does
not seem to be unique to large shopping center development within the C-4 Zoning District Additionally, major
tenants with similar frontages within the center have signs that comply with the Zoning Ordinance.
Board Member Hofherr stated that he noticed the framing was already up instead of waiting for approval. Mr.
Alfano stated it was part of the building plan — the fagade.
Board Member Szabo stated that the building trend now in a shopping center was that this type of shopping center is
not the norm with a sea of blacktop. He believed the 450' setback was a hardship for the business owner. He would
vote to approve the sign variation.
Board Member Hofherr asked if they had already received permits for the pylon signs. Mr. Alfano stated that yes,
the signs had to go up quickly since the center was opening up.
Board Member Hofherr spoke with his neighbors and they were not happy with the large sign and that the current
sign size was good enough.
Chairman Seegers asked for comments from the audience. There were none.
A motion was made by Board Member Szabo, seconded by Board Member Saletnik to recommend approval of a
variation to Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 150 square
foot wall sign, where a maximum of 100 Square feet in size is allowed by code.
AYES: Szabo, Saletnik
NAYES: Porada, Holbert, Seegers
ABSENT: Catalano
MOTION FAILID
Old Business: Rules of Procedure
The meeting was adjourned at 8:50 p.m. by unanimous voice vote.
Case #11 -048 -CU — 1495 Prospect Avenue
Case #11 -054 -CU — 461 N. Third Avenue
Case #11-053-V — 496 Pleasant Lane
October 25, 2011
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Sincerely,
A.W. Seegers, Chairman
Des Plaines Zoning Board of Appeals
cc: City Officials
Aldermen
Zoning Board of Appeals