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08/28/2012G��\ /I CITY OF DES DES PLAINES ZONING BOARD OF APPEALS n N August 28, 2012 MINUTES DES PLAINES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, August 28, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hofhea, Porada, Saletnik, Schell, Seegers, Szabo ABSENT: None Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at7:33 P.M. Chairman Seegers directed that the following cases would be heard: Case 11049 -CU: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the establishment of a Trade Contractor operation in the C-3 Zoning District. Case 11047 -CU: The petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the construction and operation of an office building in the C-1 District. Case 11009 -CU: 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 a fast food Class B Restaurantwith Drive -Through Facility in the C-3 Zoning District. A motion was made by Board Member Hofherr seconded by Board Member Catalano to approve the minutes of the July 31, 2012, hearings as submitted. Board Member Porada said paragraph five should read, "Board Member Hofhefr asked if parking would be sufficient." Board Member Szabo abstained. AYES: Catalano, Hofhefr, Porada, Saletnik, Schell, Seegers NAYES: None MOTION CARRIED Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 2 6 N. River Road Case 12 -049 -CU The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the establishment of a Trade Contractor operation in the C-3 Zoning District. Petitioner John Doyle, 1446 Dayton Place, Des Plaines, IL Owner Mike VanSlambrouck, 16 Mary Street, Des Plaines, IL 60016 Mike VanSlambrouck, 16 Mary Street, Des Plaines, IL 60016 The following individual was sworn in: John Doyle, 1446 Dayton Place, Des Plaines, IL Petitioner Doyle introduced himself and explained why he is seeking a Conditional Use Permit. He said he wanted to use the space to organize and store his material. Chairman Seegers asked Petitioner how much square space he would be taking. Petitioner said 2,400 square feet. Chairman Seegers asked if the space is divided up into several tenants. Petitioner said he would be taking the entire 2,400 square feet. Chairman Seegers asked if the access to the space is mainly from Redeker Road. Petitioner said it was. Chairman Seegers asked Petitioner what his hours of operation are. Petitioner said 6 a.m. to 5 p.m., six days a week. Chairman Seegers asked Petitioner if there would be an office. Petitioner said there would be an office mainly to keep records and material. Chairman Seegers asked Petitioner if he would be doing any improvements to the property. Petitioner said no, it can be used as is. Board Member Hofherr asked if the property owner was present. The property owner, Michael VanSlambrouck, 286 Stratford Road, Des Plaines, IL, introduced himself and was sworn in. Board Member Hofherr said this building came before the ZBA previously for electrical business on the east side of the building and at that time it was brought out that there is a safety concern with the driveway at the west end of the building. That is, it is open with posts sticking out and there is nothing to prevent someone from falling down. He said he was by the building the other day looking at the building and noticed the same problem. He asked the property owner if he intends to fix the problem. Mr. VanSlambrouck said it is currently being addressed and the reason it is open is because Petitioner is doing exploratory work. He said he did not recall the issue being addressed at the last ZBA meeting, but noted the pavement work is scheduled to be completed on September 8th. Board Member Hofherr said he remembers bringing up the safety concern he had at the last meeting. Mr. VanSlambrouck said it would all be taken care of. Board Member Szabo said he is a contractor as well, a mason contractor. He asked if employees would go straight to the job or would report to the proposed location. Petitioner said the employees would go straight to the job. He does not want them going to the shop. He said the space would be used for storage and he would deliver materials to the job. Board Member Szabo asked Petitioner if he has two shops. Petitioner said he is currently doing the paperwork out of his house. He had a shop in Chicago, but the building he was in has gone through a change of ownership and he no longer has a lease there. Board Member Szabo asked if this site would be Petitioner's primary location. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 3 Petitioner said yes Board Member Porada asked what the nature of Aggressive Plumbing systems is. Petitioner said mostly industrial and commercial plumbing, construction, and service. Board Member Porada asked if any tradesmen would be on the site. Petitioner said there would be one other gentleman, an estimator, who does paperwork who would be on site. Board Member Porada asked Petitioner if he was aware of a condition in the staff report that says "no outdoor storage of materials or equipment shall be allowed." Petitioner said he is aware of that. Board Member Porada asked what kind of equipment would be at the site. Petitioner said mainly big tools, bigger equipment, big pumps, and basic operational tools such as scaffolds. He would also have big parts and motors for hotels and apartment buildings. Board Member Porada asked if Petitioner had any vehicles he would be storing at the site. Petitioner said he runs everything out of vans. Board Member Porada asked where the vans are kept. Petitioner said with the tradesmen. He also said he would like to keep one outside of the building. Board Member Porada asked what other kind of equipment. Petitioner said the biggest item he has is a trash pump that would be trailed, but there is no other place to keep it. Board Member Porada asked if the pump would be kept inside. Petitioner said yes. Board Member Porada asked if it was on a trailer. Petitioner said no. Board Member Porada asked if Petitioner would load the equipment from the portion of the site that goes from grade to below -grade. Petitioner said that is how he would take deliveries from suppliers. Board Member Porada asked Mr. Mangum if the west of the site is zoned as C-2. Mr. Mangum said he was correct. Board Member Porada asked Petitioner if he envisions, at most, parking a van at the site. He asked if it would be closed. Petitioner said yes, everything he has needs to be concealed and in a safe place. Board Member Porada asked Mr. Mangum if there were only three parking spaces at the site. Mr. Mangum said in total there are a number of parking spaces for the building. There are only two users in the building including the proposed business. Board Member Porada asked Mr. Mangum if the site was originally zoned as C-2. Mr. Mangum said that was correct. Board Member Porada asked Mr. Mangum various questions regarding zoning changes that have occurred at the proposed site. Board Member Porada told Petitioner his concern is not only storage of new or usable supplies, but more so getting back from ajob site with all sorts of odds and ends being dumped. He asked if waste gets hauled away. Petitioner said there is no room for that because the front is very clean and would be very noticeable if that happened. Board Member Szabo said Petitioner's proposed use is in line with the other businesses on Redeker Road and would fit well. Chairman Seegers asked if there were any questions from the Board. There were none. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 4 He then asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the establishment of a Trade Contractor operation in the C-3 Zoning District. Analysis: Proposed Use Trade Contractor (Aggressive Plumbing) Petitioner John Doyle, 1446 Dayton Place, Des Plaines, IL Owner Mike VanSlambrouck, 16 Mary Street, Des Plaines, IL 60016 PIN 09-08-402-003-0000 Plan of Operation Typical hours of operation would occur from 6 00a to 5:00pm with additional building access for emergency repairs. A total of 3 employees could be present. Existing Use Two tenant building with Wholesale Goods Establishment (City Electric Supply) and vacant tenant space Surrounding Land Use North: Commercial Office East: Forest Preserve South: Industrial West: Commercial Office Existing Zoning G3, General Commercial Surrounding Zoning North: C-2, Limited Office Commercial East: R-1, Single Family Residential South: M-1, Light Manufacturing West: G2, Limited Office Commercial Street Classification The adjacent section of River Road is listed as an arterial in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Community Commercial use for the site. Aggressive Plumbing has requested a Conditional Use Permit to operate as a Trade Contractor at 6 N. River Road in the C-3 Zoning District. The irregularly shaped approximately 12,776 square foot lot is located at the southwest corner of River and Redeker Roads. A 7,550 square foot, one story, brick commercial building is present. 16 parking spaces are accessible from Redeker Road. The property was rezoned from C-2, Limited Office Commercial per Ordinance Z-35-11, approved November 21, 2011. Aggressive Plumbing would occupy the western 2,500 square feet of the building. The proposed floor plan includes office and storage areas for indoor storage of plumbing tools and supplies such as pipes and fittings. The proposed plan of operation includes hours of operation from 6:00am to 5:00pm with 24-hour building access for emergency repairs. The applicant states that no more than two cars and no more than two work vans would be parked at the Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 5 location. The location would not be open to the public. Based on the limited size and operational characteristics as described by the applicant, staff has granted the request for a waiver of a traffic study. Generally, the area to the north of the subject property is developed with office uses including an office building at the southwest comer of Golf and River Roads and a medical center at the northwest corner. The properties to the south and west of the property are developed with more intense industrial uses. The proposed use should be an appropriate transition between these areas. 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 Trade Contractor is a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial for this site. However, a Trade Contractor is a Conditional Use in the C-3 Zoning District. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Trade Contractor would be located within an existing structure. No exterior changes are proposed at this time. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Trade Contractor, as proposed, are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 6 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 information submitted the proposed Trade Contractor is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network. 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 access to parking from Redeker Road. Based on the information 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 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 Trade Contractor appears to conform to all other zoning regulations. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit request for the establishment of a Trade Contractor, 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 a condition of approval. 1. Prior to occupancy all parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 2. No outdoor storage of materials or equipment shall be allowed. 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 a Trade Contractor the C-3 zoning district The City Council has the final authority on the project. Chairman Seegers asked if there were any questions from the Board There were none. Chairman Seegers asked if anyone in the audience was in favor of the proposal. He then asked if anyone in the audience objected to the proposal. Mr. VanSlambrouck approached the podium and explained the synergy between the businesses located near the site. He said their dealings with the community and amongst themselves is positive economic growth for everyone involved. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 7 A motion was made by Board Member Hofherr seconded by 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, for the establishment of a Trade Contractor operation in the C-3 Zoning District subject to conditions. AYES: Catalano, Holbert, Porada, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED 2514 Ballard Road Case 12 -047 -CU The petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the construction and operation of an office building in the C- 1 District. Petitioner: Walter Dohrmann, 3501 Woodhead Drive, Northbrook, IL 60062 Owner: Ae Hee Yum and Phil Joo Yum, 1455 E. Golf Road, Suite 207, Des Plaines, IL 60016 The following individual was sworn in: Walter Dohrmann, 3501 Woodhead Drive, Northbrook, IL Petitioner Dohrmanm the architect of the project, introduced himself and explained why he is seeking a Conditional Use Permit. He said a previous Conditional Use Permit was issued but it has since expired. Chairman Seegers asked if he had a tenant for the building. Petitioner said it would be owner occupied. He said it would be for administration purposes and file storage. Chairman Seegers asked what has changed since the previous Conditional Use Permit. Petitioner said time has just elapsed and the building has been modified slightly to reduce construction costs. Board Member Szabo asked Petitioner if he had some sort of elevation plan. Petitioner did not. Board Member Szabo asked if there were any other tenants at the time the original Conditional Use Permit was issued in 2009. Petitioner said no and that has not changed. Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the construction and operation of an office building in the C-1 District Analysis: Proposed Use Office Building (Home Health Care Office) Petitioner Ae Hee Yum, 1455 E. Golf Road, Suite 207, Des Plaines, IL 60016 Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 8 Owner Ae Hee Yum and Phil Joo Yum, 1455 E. Golf Road, Suite 207, Des Plaines, IL 60016 PIN 09-15-308-017 Plan of Operation Operate an office building with 3-5 employees, open Monday -Friday from 9am- 5pm. Existing Use Vacant building in process of demolition. Surrounding Land Use North: Single Family Residential East: Single Family Residential South: Tavern, Commercial West: Single Family Residential Existing Zoning Gl, Neighborhood Shopping District Surrounding Zoning North: R-1, Single -Family Residential East: C-1, Neighborhood Shopping District South: C-3, General Commercial West: R-1, Single -Family Residential Street Classification Ballard Road is a collector road. Comprehensive Plan The Plan recommends a single-family residential use for this site. The applicant, Ae Hee Yum has requested a Conditional Use Permit to authorize the construction and operation of an office building in the C-1, Neighborhood Shopping District. The home health care office use would be open Monday through Friday from the hours of 9am-5pm and employ 3-5 persons at the office location. An office use requires a Conditional Use Permit in the C-1 zoning district The applicant received a Conditional Use Permit (00 -45 -CU) in 2000 to establish an office, clinic, and adult day care center in a C-1 Neighborhood Shopping District. A new Conditional Use Permit is required because of the proposed demolition/destruction of the existing one-story structure. A Conditional Use permit (09 -019 -CU) for a new 5,177 square -foot office building was approved in 2009, but construction did not begin and the approval has since lapsed. The approximately 5,952 square -foot building would be located at the Northeast comer of Ballard Road and Good Avenue. The lot is approximately 144' by 140' with a total area of approximately 20,225 square feet The proposed site plan has 24 parking spaces and is serviced by existing curb -cuts off of Ballard Road and Good Avenue. The petitioner has requested a waiver of the traffic study. Due to the nature of this request, staff has agreed to waive the traffic study. The small office building is not anticipated to generate a significant amount of traffic. 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 Office is a conditional use in C-1, Neighborhood Shopping Zoning District, as specified in Section 7.3-4-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 9 B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The office use conflicts with the 2007 Comprehensive Plan, which recommends a single family residential use for this site. However, the current zoning for the property is commercial and the current use of the site is an office use. 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 home health care office would be located within a new two-story office building. The proposed structure is a significant upgrade from the existing, somewhat dilapidated, building that is in the process of being demolished. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the small scale office building 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. 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: The proposed office use is not anticipated to create a large amount of additional traffic or noise that could be detrimental to surrounding land uses. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would use the existing curb cuts on Ballard Road and Good Avenue to access the parking area. Ballard Road is a collector road built with sufficient capacity to handle the volume of automobiles generated by the office use. As proposed, the office building would generate a relatively small amount of traffic, and thus, should not negatively affect current traffic conditions. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 10 Comment: The plan proposes to demolish the existing one-story office building and remove some existing trees. However, the proposed plan would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance and would result in the construction of a more modem office building with sufficient landscaping. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Office Building appears to conform to all other zoning regulations. Recommendation: The Community Development Department recommends approval of the conditional use permit request for the construction operation of an office building, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following Condition of Approval: 1. Prior to the issuance of a certificate of occupancy, the applicant shall remove the existing wood privacy fence. If a replacement fence is constructed, the fence shall be a decorative wrought -iron style fence with greater than 75% transparency. Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for an office building in the C-1 zoning district. The City Council has the final authority on the project Board Member Porada asked Petitioner if his business is currently operating out of this address Petitioner said not currently. Board Member Porada asked Mr. Mangum if the building from 2009 had been demolished. Mr. Mangum said no, it was being used by the same owner that is making the current request Board Member Porada said in 2009 the ZBA had much more to deal with in terms of a site plan. He felt the submission was sparse compared to what he is used to reviewing. Chairman Seegers asked if anyone in the audience was in favor of the proposal Barbara Baranowski, 2511 Ballard Road, Des Plaines, IL, said she is surprised, as a property owner, that she was not notified. Ms. Baranowski does not reside on Ballard, but owns the property at 2511. Mr. Mangum said notices were published in the paper, there were signs on the property, and notices were mailed within a 300 foot radius. Ms. Baranowski reiterated that she did not reside at 2511 Ballard Road, but rather owned the property there. She said the way she learned of this proposal was from one of her tenants. Ms. Baranowski asked Petitioner if the proposal would be two stories with parking underneath. Petitioner said there would not be parking underneath. Ms. Baranowski asked how the proposal would affect traffic on Ballard Road. Petitioner said there are only five people working there and everything is handled by phone, fax, and email so nurses would not need to come to the building. Ms. Baranowski asked what the need for the 24 parking spaces was. Petitioner said it has to do with the size of the building and city requirements based on the size of the building. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 11 Board Member Szabo said he is disappointed with the lack of details that the ZBA was provided. He said all he sees is a site plan and there are a lot of other factors that go into it. He said he would like to see more details. Board Member Porada asked Chairman Seegers if this issue could be continued to September 11, 2012 or longer if Petitioner needs more time. Petitioner said he had asked Mr. Mangum what more he needed to bring to the meeting and Mr. Mangum told him he did not need to bring anything else. Board Member Porada said the detail regarding the fence is more detailed than the 6,000 square foot building. He said there is no detail on how the building is to be laid out. He said this is no criticism as to what Mr. Mangum told the Petitioner. Board Member Saletnik asked Petitioner if he has been contracted to do architectural drawings. Petitioner said he has and have done them for this project. He just did not bring them. Board Member Saletnik said it would have been nice to have had the drawings included in the packet. Chairman Seegers asked if there were any other comments, there were none. A motion was made by Board Member Porada seconded by Board Member Schell to continue the issue until September 11, 2012. AYES: Catalano, Holbert, Porada, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED 1441 Rand Road Case 12 -009 -CU 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 a fast food Class B Restaurant with Drive -Through Facility in the C-3 Zoning District. Petitioner Anthony Bottalla Trust, PO Box 31489, Chicago, IL 60631 Owner Anthony Bottalla Trust, PO Box 31489, Chicago, IL 60631 The following individual was sworn in: Anthony Bottalla, PO Box 31489, Chicago, IL 60631 Petitioner Bottalla introduced himself and explained his request. Chairman Seegers asked if there was a drive-thru in the past. Petitioner said there has been a drive-thru in the past. Chairman Seegers asked Petitioner if he was making improvements to the facility to accommodate the drive-thru window. Petitioner said the drive-thru window was always there, but it has now been better secured. He said he has also remodeled the facility. He said he does not have the drive-thru devices installed yet because they are subject to the Conditional Use Permit. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 12 Board Member Hofherr said he commended Petitioner with what he has done with the site so far. He asked if the sign permanently attached to the fence on the west has been approved by the City. Petitioner said he did not think so. Board Member Hofherr asked about a sign on the parkway promoting the business. He asked how long the sign would be up for. Petitioner said it would come down immediately after he gets a pylon sign. Board Member Hofherr said the reason he asks is because he does not have a concern with where it is but it is on the parkway and he does not want anyone to call in and complain about it Board Member Catalano asked Mr. Mangum what the unpermitted signage is that is referenced in condition 4. Mr. Mangum said the City has approved the main sign on the north face of the building. However, the additional signs, including the ones on the canopy and fence, do not have a permit. Board Member Catalano asked if the sings on the canopy are considered decoration. Mr. Mangum said those signs would be considered wall signs. Chairman Seegers asked Petitioner if he still has to have a finalized signage application. Petitioner said the signage would be for the pylon sign for the street, but he was not aware he needed approval for the other signs. He said he would be happy to fill out the proper applications. Chairman Seegers said in general, everyone is happy to see improvement to the site. Board Member Catalano asked what the canopy signs say. Petitioner said shakes, hot dogs, cones, etc. Board Member Saletnik said part of the aesthetic of hot dog stands is how they decorate and signage is part of that. He said the ZBA should be mainly concerned with the drive-thru at the present time. He said the signage is a separate issue. Board Member Szabo asked how many cars will line up in the queue from where food is received to Rand Road. Petitioner said seven vehicles. Board Member Szabo asked Petitioner if he had ever operated a restaurant before. Petitioner said he personally has not, but his partner has been in the business for 30 years. Board Member Szabo asked Petitioner if the restaurant would operate similar to Portillo's Hot Dogs does. That is, if it gets busy at the drive-thru, cars would park and an attendant would bring food out to them. Petitioner said he is not anticipating that at this moment. Board Member Porada asked Mr. Mangum if Petitioner would be able to have a Class B restaurant in the C-3 zoning district without a conditional use if the restaurant did not have a drive-thru. Mr. Mangum said a restaurant that is primarily take out with limited seating (less than 10 seats) has traditionally been interpreted as a specialty food establishment and would not be a Class B restaurant and would not need a conditional use. However, this particular restaurant is looking to add seats which would qualify it as a Class B restaurant. Additionally, this restaurant is seeking a drive-thru so it would need a conditional use. The restaurant, as it is now, would be able to operate without a conditional use, but with the additional seating, it would need a conditional use. Petitioner said he has a lot of senior patrons and his concern is that there are currently only two booths. With winter coming, he was looking to put stools at the counter so seniors did not have to stand. Board Member Porada asked Petitioner if he was aware of the 7 conditions. Petitioner said he is and he would like to discuss some of them. Board Member Porada said the ZBA should discuss signs because it is condition 4. He said there are two ways he saw to go about it. Either staff approves and Petitioner should abide by it, or the wording of condition 4 should be Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 13 altered. He was concerned that if the ZBA approves as -is, Petitioner would have to take down all the signs only to apply for a variance to put them all back up again in a week. There was a lengthy discussion among the board members as to whether or not condition 4 should be struck, revised, or left as -is. It was eventually decided that it would be revised. Petitioner said he would like to stay open past 10 p.m. such as 12:00 a.m. or 1:00 a.m. on Friday and Saturday nights. He would also like to revise the landscaping proposal which asks for 7 feet of depth removed from the property line along the 200 feet of frontage. Board Member Szabo asked Petitioner what he would propose regarding the landscaping proposal. Petitioner said he would eliminate the two comer spots to do landscaping in the front corners and install planters in the front. He said prior to submitting his plans, he submitted a driveway plan and spent $60,000 re -asphalting the driveway and wished someone would have told him about the landscaping before. Now, he is concerned that he will have to spend additional funds to tear up part of the new asphalt and put in new landscaping. Board Member Szabo stated that landscaping should not remove parking as additional parking may be necessary in the future. He also understood that there adding landscaping is a cost to the owner. Board Member Saletnik stated his opinion that some landscaping should be required and that municipalities with landscaping requirements result in better aesthetics. Board Member Szabo stated that another option would be to add landscaping along the southwest (rear) portion of the site. While noting the importance of landscaping requirements Chairman Seegers stated that the intent was often to screen the view of cars parked head -in, but parallel parking spaces were proposed at this location. Board Member Porada noted that the permit for the repaving of the parking lot came before the Conditional Use request. Board Member Porada expressed that landscaping was important, but offered planter boxes as an alternative. Chairman Seeger stated that he felt some landscaping at the front of the site was important. In response to discussion about the site dimensions, Mr. Mangum noted that according to the survey there is 38 -feet between the building and the front property line. With seven feet of landscaping along the front property line, the dimensions still allow for nine -foot wide parking spaces, a 17 -foot -wide drive aisle and five-foot wide walk adjacent to the building. There was a lengthy discussion among the board members regarding the landscaping proposal and how best to accommodate Petitioner while observing City Code. Options included continuing the entire item to a future date, making a recommendation that only the landscaping plan return to the Zoning Board at a future date, or making a recommendation to revise the landscaping requirement. Alderman Patricia Haugeberg stated that continuing the item to the end of September would cause a delay in the ability to open the drive-through in a timely fashion. Eventually it was decided that a recommendation regarding condition 2 would be revised. Board Member Szabo asked Petitioner what hours he would like to be open. Petitioner said 10:30 a.m. to 11:00 p.m. Sunday through Thursday and 10:30 a.m. to 1:00 a.m. Friday and Saturday. The board members did not have a problem with that proposal. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 14 Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: 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 a fast food Class B Restaurant with Drive -Through Facility in the C-3 Zoning District. Analysis: Proposed Use Class B Restaurant with a drive-through facility Petitioner Anthony Bottalla Trust, PO Box 31489, Chicago, IL 60631 Owner Anthony Bottalla Trust, PO Box 31489, Chicago, IL 60631 PINS 09-17-205-004-0000,09-17-205-005-0000,09-17-205-006-0000,09-17-205- 007-0000,09-17-205-008-0000,09-17-205-009-0000,09-17-205-010-0000,09- 17-205-011-0000 Plan of Operation The proposed business would operate daily from 11:00 a.m. to 10:00 p.m. with a total of two employees per shift. Existing Use Specialty food establishment (limited seating, primarily take-out) Surrounding Land Use North: Commercial East: Commercial South: Townhouse Residential West: Commercial Existing Zoning G3, General Commercial Surrounding Zoning North: C-3, General Commercial East: C-3, General Commercial South: R-3, Townhouse Residential West: G3, General Commercial Street Classification Rand Road is an arterial road according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends Community Commercial land use for this portion of Rand Road. The applicant, Anthony Bottalla for Rand Red Hots, has requested a Conditional Use Permit for a Class B Restaurant with Drive -Through at 1441 Rand Road. The applicant recently opened a hot dog stand, primarily take- out with limited seating, after purchasing the vacant property. The last use of the property was for an auto related use, but it had previously been used as a Class B Restaurant with Drive -Through. The 22,000 square -foot lot contains a 930 square -foot one-story building with approximately 470 square feet of dining area consisting of two booths and eight stools at a counter for a total of 16 seats. In addition, five outdoor dining tables (18 seats) are proposed. The site is accessed by an approximately 33 -foot wide driveway entrance on Rand Road. Twenty-five parking spaces are shown on the proposed site plan, where a total of 11 parking spaces are Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 15 required. Drive-through traffic would circulate around the building in a counter -clockwise direction with the menu - board and speaker located on the south side of the building and drive-through window on the east side of the building. Stacking is provided for approximately 7-8 vehicles. The proposed plan of operation includes daily hours of operation from 11:00 a.m. to 10:00 p.m. with a total of two employees per shift. The applicant was granted a waiver of the traffic study requirement. The Engineering Division reviewed the proposed site plan and offered comments that are incorporated into the conditions of approval. The property is currently developed without any pervious surface, although 2011 aerial photography shows that there was previously a strip of landscaping along the Rand Road frontage. As a condition of approval staff has recommended adding seven -feet of perimeter landscaping along the Rand Road frontage per Section 10.8-3 of the Zoning Ordinance. The applicant has proposed a 7' by 18' landscape area at the northwest comer of the site and four 36" planters at the northwest and northeast comers of the site. 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 Class B Restaurant with Drive -Through Facility is a Conditional Use in C-3, 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 area of Rand Road. The proposed use is consistent with this land use category and is a Conditional Use in the current Zoning Ordinance. 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 Class B Restaurant with Drive -Through Facility operation fronts on Rand Road, an arterial road that currently has a number of auto -oriented uses. Conditions of approval incorporate landscaping to lessen the aesthetic impact of the operation. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: With proposed conditions of approval relating to landscaping, noise, and hours of operation, none of the functions of the Class B Restaurant with Drive -Through Facility are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 16 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: With proposed conditions of approval, the proposed Class B Restaurant with Drive -Through Facility is not anticipated to create a sufficient amount of 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 would utilize an existing curb cut on Rand Road for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns once the physical changes in the conditions of approval are implemented. 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 would it 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: No additional relief from zoning regulations has been requested. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit for the establishment of a Class B Restaurant with Drive -Through Facility, 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, with conditions of approval to mitigate impacts of the use: 1. Prior to issuance of the Conditional Use Permit, a revised Site Plan shall be submitted with 6" -wide white edge lines over the length of the sidewalk and driveway apron to demarcate the sidewalk path to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. 2. Prior to issuance of the Conditional Use Permit, the applicant shall submit a Landscape Plan with a minimum of three parkway trees on Rand Road and a landscaped area with a minimum of a 7 -foot depth along the north property line (Rand Road frontage), consisting of shrubs or a continuous hedge (measuring a minimum of 18 inches at planting and not to exceed 4 feet at maturity), groundcover, and not less than three shade trees per Section 10.8-3 of the Zoning Ordinance. 3. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the revised Site and Landscape Plans. 4. Prior to issuance of the Conditional Use Permit, all unpermitted signage, including excess wall signs shall be removed. 5. 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. Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 17 6. Hours of operation shall be limited to 11:00 a.m. to 10:00 p.m. 7. Noise from the drive-thru speaker shall not be audible at the residential property lines to the south. 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 disapprove the above-mentioned Conditional Use Permit for the establishment of a Class B Restaurant with Drive -Through Facility in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if there were any other comments, there were none. Motion by Board Member Porada seconded by Board Member Schell to recommend approval of Conditional Use permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize a fast food Class B Restaurant with Drive -Through Facility in the C-3 Zoning District subject to the following conditions and recommendations: 1. Prior to issuance of the Conditional Use Permit, a revised Site Plan shall be submitted with 6" -wide white edge lines over the length of the sidewalk and driveway apron to demarcate the sidewalk path to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. 2. Prior to issuance of the Conditional Use Permit, the applicant shall submit a Landscape Plan with a minimum of three parkway trees on Rand Road and a landscaped area with a minimum of a 7 -foot depth along the Rand Road frontage, consisting of shrubs or a continuous hedge (measuring the minimum of 18 inches at planting not to exceed four 4 feet at maturity), ground cover, and not less than 3 three shade trees per Section 10.8-3 of the Zoning Ordinance. 3. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the revised Site and Landscape Plans. 4. Prior to issuance of the Conditional Use Permit, Petitioner shall either file a request for sign variation(s) or remove all unpermitted signage. 5. 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. 6. Hours of operation shall be limited to 10:30 a.m. to 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday and from 10:30 a.m. to 1:00 a.m. on Friday and Saturday. 7. Noise from the drive-thru speaker shall not be audible at the residential property lines to the south. Further, the Zoning Board of Appeals recommends that the City Council consider a reduction in the required 7 -foot deep landscaping along the Rand Road frontage. AYES: Catalano, Holbert, Porada, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED The meeting was adjourned at 10:27 p.m. by unanimous voice vote. Sincerely, A.W. Seegers, Chairman Seegers Des Plaines Zoning Board of Appeals Case # 12 -049 -CU 6 N. River Road Case # 12 -047 -CU 2514 Ballard Road Case # 12 -009 -CU 1441 Rand Road August 28, 2012 Page 18 cc: City Officials Aldermen Zoning Board of Appeals