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02/28/2012-- /I-c1TY OF �� XN DES PLAINES ZONING BOARD OF APPEALS 1/ n xi 11 February 28, 2012 DES PLAINES MINUTES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, February 28, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS AYES: Szabo, Saletiuk, Hofherr, Schell, Porada, Seegers ABSENT: Catalano Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development Chairman Seegers called the meeting to order at 7:34 P.M. Chairman Seegers directed that the following two cases would be heard: Case Number 12-002-V: The petitioner is requesting a variation to Section 8.1-3C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize construction of a 64 square -foot shed with a rear -yard setback of 0', where the minimum rear -yard setback allowed is 5' for an accessory structure within the R-3 zoning district. Case Number 12-003-V: The petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow a 300 square foot pole sign, where a maximum of 200 Square feet in size is allowed by code. Member Porada stated that revisions to minutes from the January 31, 2012, meeting had been properly made. All board members and the Chairman reviewed the revised minutes. A motion was made by Board Member Szabo, seconded by Board Member Hofherr to approve the minutes of the December 13, 2011, hearings as submitted. AYES: Szabo, Saletiuk, Hofherr, Schell, Porada, Seegers NAYES: None MOTION CARRIED A motion was made by Board Member Saletnik seconded by Board Member Szabo to approve the minutes of the January 10, 2012, and January 31, 2012, hearings as submitted. AYES: Szabo, Saletiuk, Hofherr, Schell, Porada, Seegers NAYES: None MOTION CARRIED Case # 12-002-V — 695 Dulles Road Case # 12-003-V-2001 S. Mount Prospect Road February 28, 2012 Page 2 Address: 695 Dulles Road Case Number: 12-002-V The petitioner is requesting a variation to Section 8.1-3C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize construction of a 64 square -foot shed with a rear -yard setback of 0', where the minimum rear -yard setback allowed is 5' for an accessory structure within the R-3 zoning district. PIN: 08-13-118-017-0000 Petitioner: Monserrat De La Cruz, 695 Dulles Road, Unit D, Des Plaines, IL 60016 Owner(s): Faustino Vasquez, 695 Dulles Road, Unit D, Des Plaines, IL 60016 The following individuals were sworn in: Faustino Vasquez (Owner), 695 Dulles Road, Unit D Yamilet Vasquez, 965 Dulles Road, Unit D Ms. Vasquez stated that the family seeks to erect a shed closer to the rear -yard property line than currently permissible because the family would not be able to get in or out of the house from the patio door if it were erected pursuant to the 5' requirement. Member Szabo asked if the family has spoken with the neighbors about this. Ms. Vasquez stated that there is nobody living in that home due to foreclosure. Member Porada asked for clarification as to whether this variation deals with the rear or side yard. Mr. Mangum stated that it is the for side yard setback behind the home in the rear yard. Member Porada asked for clarification of the issue that would arise if the shed was built 5' off the property line. Ms. Vasquez stated that the shed would block the patio door. Chairman Seegers asked if this is a new shed that will be built. Ms. Vasquez responded that, yes, it would be new. Member Hofherr asked who Monserrat De La Cruz is, as she is listed as the Petitioner. Mr. Vasquez responded that she is his wife and was present in the audience. Chairman Seegers asked Mr. Mangum to read the applicable staff report into record, as follows: Issue: The petitioner is requesting a variation to Section 8.1-3C of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize construction of a 64 square -foot shed with a rear -yard setback of 0', where the minimum rear -yard setback allowed is 5' for an accessory structure within the R-3 zoning district. Case # 12-002-V — 695 Dulles Road Case # 12-003-V-2001 S. Mount Prospect Road February 28, 2012 Page 3 Analysis: Address: 695 Dulles Road, Unit D Existing Zoning: R-3, Townhouse Residential District Petitioner: Monserrat De La Cruz, 695 Dulles Road, Unit D, Des Plaines, IL 60016 Owner(s): Faustino Vasquez, 695 Dulles Road, Unit D, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: The one-story brick and frame building and yard for Unit D occupy an approximately 24 -foot by 60 -foot portion of the townhouse lot. Unit D, attached to Unit C, is the southernmost unit and faces a driveway with access to Dulles Road. The rear yard measures approximately 17 -feet deep by 24 -feet wide. There is a paved landing and sidewalk that leads from the rear building entrance to a sidewalk that connects with the public sidewalk adjacent to Dulles Road to the north. The applicant has proposed to construct an 8 -foot by 8 -foot shed located on the north property line which abuts Unit C. The shed would be located behind the principal structure; however, it would be located within the required 5' side -yard setback. The applicant has been informed of the additional building code construction requirements in order to build up to the property line. Recommendation: Staff recommends approval of the requested rear -yard setback 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. There does not appears to be adequate room to construct the proposed shed 5' from the property line given the limited area of the rear yard and location of the rear building entrance. Additionally, the townhouse unit is already constructed at the property line. Zoning Board of Appeals Procedure: Under Section 3.6-6 of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or disapprove the above-mentioned variance for a shed within the rear -yard setback in the R-3 zoning district. Chairman Seegers asked if there was a fence that separated Unit D from the neighbor. Ms. Vasquez stated there was not. Chairman Seegers asked if there were any other questions from the Board. Member Saletnek referred to photographs depicting the yard and asked if building the shed would reduce the items visible in the yard and under the blue tarp. Mr. Vasquez stated that the family seeks to put all of those items in the shed, rather than out in the yard. Chairman Seegers asked for comments from the audience. There were none. Chairman Seegers asked if there were any more questions from the Board. There were none. Case # 12-002-V — 695 Dulles Road Case # 12-003-V-2001 S. Mount Prospect Road February 28, 2012 Page 4 A motion was made by Board Member Saletnik seconded by Board Member Hofherr to approve a variation to Section 8.1-3C of the 1998 City of Des Plaines Zoning Ordinance, as amended to allow the requested rear -yard setback variation. AYES: Saletnik, Holbert, Schell, Szabo, Porada, Seegers NAYES: None MOTION CARRIED Case Number: 12-003-V Address: 2001 S. Mount Prospect 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 300 square foot pole sign, where a maximum of 200 Square feet in size is allowed by code. PIN: 09-30-300-058-0000 Petitioner: Kevin Johnson, Warehouse Direct, 1601 W. Algonquin Road, Mount Prospect, IL 60056 Owner(s): Cobalt REIT, 5605 N. MacArthur Boulevard, Irving, TX 75038 The following individual was sworn in: Kevin Johnson (Petitioner) 1601 W. Algonquin Road, Mount Prospect, IL 60056 Mr. Johnson stated that they are seeking approval to put a larger sign at 2001 S. Mount Prospect Road. Chairman Seegers asked about the location of the proposed sign and whether it would be self lit. Mr. Johnson described its location and stated that it would be lit from within. Member Saletnik asked about placement of the poles used to support the sign. Mr. Johnson stated that the poles would be within inches of the building. Member Hofherr asked when they plan on occupying the building. Mr. Johnson stated that the target date is June 1, 2012. Member Hofherr asked if someone would be able to remove the graffiti on the building before then. Mr. Johnson stated that the graffiti must be relatively new because he didn't notice it, but that he would contact owner as it is their responsibility to maintain the property. Chairman Seegers asked about the sign materials. Mr. Johnson stated that the sign would be attractive and would consist of a metal frame with plastic face and raised letters. Chairman Seegers asked Mr. Mangum to read the applicable staff report into record, as follows: Case # 12-002-V — 695 Dulles Road Case # 12-003-V-2001 S. Mount Prospect Road February 28, 2012 Page 5 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 300 square foot pole sign, where a maximum of 200 Square feet in size is allowed by code. Analysis Address: 2001 S. Mt Prospect Road Existing Zoning: M-2, General Manufacturing District Petitioner: Kevin Johnson, Warehouse Direct, 1601 W. Algonquin Road, Mount Prospect, IL 60056 Owner(s): Cobalt Industrial REIT, 5605 N. MacArthur Boulevard, Irving TX, 75038 In reviewing this variation request, staff has considered the following information: Warehouse Direct, an office supply company, has applied for permits to remodel an approximately 164,377 square foot industrial building on an approximately 8.1 acre site at 2001 S. Mt Prospect Road within the M-2 Zoning District. The applicant is requesting a variation to allow a 35 -foot high, 300 square foot (6' by 50') single faced, illuminated pole sign. The proposed sign would be located adjacent to the southern edge of the building with visibility from the I-90, Jane Addams Tollway. Section 11.613 of the Zoning Ordinance allows a property with over 5 acres in land area and with greater than 300 feet of street frontage a maximum of three pole signs with a maximum area of 200 square feet for each sign, not to exceed 550 square feet for all signs. The applicant states that with the addition of the proposed pole sign, the ground signage on the site would total 324 square feet, well below the maximum allowable for the property. The applicant also notes that the property is depressed in elevation from the adjacent I-90, Jane Addams Tollway, and that larger signs are located in the vicinity. 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 had previously been limited to not more than 10%. Recommendation: Staff recommends approval of the requested pole 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 subject to conditions of approval: 1. The total ground signage for the site shall be limited to not more than 324 square feet. 2. Sign must be in compliance with the Illinois Department of Transportation regulations and if required a valid current IDOT permit must be presented with the application for the city sign permit. Zoning Board of Appeals Procedure Case # 12-002-V — 695 Dulles Road Case # 12-003-V-2001 S. Mount Prospect Road February 28, 2012 Page 6 Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the variance for pole sign that is greater than 200 square feet. 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 for comments from the audience. There were none. A motion was made by Board Member Szabo, seconded by Board Member Hotherr 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 300 square foot pole sign, where a maximum of 200 square feet in size is allowed by code, subject to the two conditions stated in the staff report. AYES: Szabo, Saletnik, Holbert, Schell, Porada, Seegers NAYES: None MOTION CARRIED The meeting was adjourned at 8:01 p.m. by unanimous voice vote. Sincerely, A.W. Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals