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07/10/2012492PW�\ A CITY OFN DES PLAINES ZONING BOARD OF APPEALS July 10, 2012 MINUTES DES PLAINES ILLINOIS The lies Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, July 10, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hothea, 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 at 7:33 P.M. Chairman Seegers directed that the following cases would be heard: Case 11038 -CU -V: The petitioner is requesting a Conditional Use permit under Section 7.3-6-C and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to operate a convenience mart fueling station on a site of less than 20,000 square feet in the C-3 Zoning District. Case 11041 -CU -V: The petitioner is requesting a Conditional Use permit under Section 7.3-6-C and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize motor vehicle sales on a site of less than 25,000 square feet in the C-3 Zoning District. A motion was made by Board Member Hofherr seconded by Board Member Saletnik to approve the minutes of the June 26, 2012, hearings as submitted. Board Member Porada abstained. AYES: Catalano, Hotherr, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED Address: 1490 Oakton Street Case 11038 -CU -V The petitioner is requesting a Conditional Use permit under Section 7.3-6-C and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to operate a convenience mart fueling station on a site of less than 20,000 square feet in the C-3 Zoning District. PIN 09-20-417-033-0000 Petitioner: Hi Tech Energy Inc./Fareed Lalani, 9434 Oliphant Avenue, Morton Grove, IL 60053 Owner(s): Hi Tech Energy Inc./Fareed Lalani, 9434 Oliphant Avenue, Morton Grove, IL 60053 Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 2 The following individual was sworn in: Fareed Lalani, 9434 Oliphant Avenue, Morton Grove, IL 60053 Petitioner Lanani was sworn in and explained his request to the Board. Chairman Seegers asked Petitioner if he had made any improvements on the property. Petitioner said yes. He has done painting, flooring, and improved the ceilings. Chairman Seegers asked if the type of gas will be the same, that is, what will be the name of the gas station. Petitioner said Marathon. Board Member Porada asked Mr. Mangum what the department's position is on this particular request. Mr. Mangum said the long-range comprehensive plan for land use envisions the area as a more pedestrian oriented mixed-use area. He said the proposed use does not line up with that vision. However, if the Board does recommend approval, the City of Des Plaines has some conditions that it would like to see attached. Board Member Porada asked if the department's position of the proposed use is that it is inconsistent with the comprehensive plan. Mr. Mangum said if the Board did want to recommend approval the department would like to see conditions attached. Board Member Porada said it appeared to him that the City was looking at this situation as if to say it would rather have it approved with conditions than to risk recommending denial and have it approved without conditions. He went on to say the City of Des Plaines has talked about a comprehensive plan for Oakton Street for some time. Mr. Mangum said there has been a subarea plan for Oakton and Elmhurst as a follow-up to the comprehensive plan. Board Member Porada said there are many businesses in that area including a church, a motorcycle shop, etc. Board Member Porada asked Mr. Mangum what makes this request a major variation: the fact that it is less than 20,000 square feet, or the inadequate parking. Mr. Mangum said the lot size. Board Member Porada asked how the parking played into it. Mr. Mangum said it is a consideration as part of the conditional use. Board Member Porada asked if the lot at issue has been a gas station for a while, whether in use or not. Mr. Mangum said yes, there was a special use permit issued in 1974 issued for a gas station there. Board Member Porada asked Petitioner if he was aware that there are six conditions that the City of Des Plaines wishes to place on the proposed gas station. Petitioner said yes. Chairman Seegers asked if Petitioner's hours of operations coincide with the conditions. Petitioner said yes. Board Member Porada asked Mr. Mangum if the proposed conditions mitigate, to some extent, the objections the department has with respect to use on Oakton Street Mr. Mangum said it would help. He said a gas station is generally in contrast with pedestrian friendly use. However, with the conditions, they would help the appearance and functionality of the site. Board Member Porada asked Petitioner if there were any conditions he would be unable to meet. Petitioner said he would be able to comply with all of them. Board Member Porada asked if he would be able to keep up with the conditions for more than just a few months, but rather years. For example, keeping up with the landscaping. Petitioner said he would be able to meet the conditions set forth. Board Member Porada asked Mr. Mangum if the proposed gas station has enough square footage to sell liquor or alcohol. Mr. Mangum said he was unaware what the requirements are regarding lot size to sell liquor or alcohol. Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 3 Board Member Porada asked Petitioner if he every intended to sell liquor. Petitioner said not right now but possibly in the future, he is not sure. Board Member Porada asked Petitioner what he intended to sell in the store. Petitioner said groceries and snacks in addition to auto related products. Board Member Szabo asked Petitioner if there has been any problems with the underground gas tanks. Petitioner said he has passed all the tests including those conducted by the fire marshal. Board Member Szabo said he was glad to hear it. He asked Petitioner if he has had any experience in running a gas station. Petitioner said he owned a BP in Chicago on Western and Irving for 15 years, but has since sold it. Board Member Szabo said in this economy open storefronts and closed down buildings are blights on communities and said for the time being this would be a good use of the property. Board Member Saletnik asked Mr. Mangum what percentage of the existing properties along Oakton Street meet the goals that the comprehensive plan looks to fulfill. Mr. Mangum said some of the bones are there and a good amount of the fabric is there. However, there are a good number of auto oriented uses and a number of curb cuts that break up the frontage and pedestrian way on Oakton. He said he would estimate it to be about 50%. Board Member Saletnik said that was more than he expected. He said if there was going to be an execution of the comprehensive plan, there's going to have to be some kind of orchestrated effort by the City for property acquisition, getting a developer in, etc. He agreed with Mr. Szabo's statement about the economy and said he doesn't want to see empty properties. Board Member Porada asked Mr. Mangum if the aerial photo provided that notes the area as C-3 zoned was correct. Mr. Mangum said that was correct. Board Member Porada asked Mr. Mangum if the single property to the North was C-3. Mr. Mangum said yes. Board Member Porada asked if a significant portion of the East and West in that area was also C-3. Mr. Mangum said yes. Board Member Porada asked if 1480 or 1486 was the church. Mr. Mangum said the church at one point owned both properties. He said one property was the actual church and the other was the pastor's residence. Board Member Porada asked Mr. Mangum if the proposed property abuts residential property. Mr. Mangum said it did not. Board Member Porada said on one hand you can say you have to start somewhere, but on the other hand a use is better than no use. In this case the use has been there for quite some time and when it was open it contributed to tax revenue. 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 and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to operate a convenience mart fueling station on a site of less than 20,000 square feet in the C-3 Zoning District. Analysis: Proposed Use Convenience Mart Fueling Station Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 4 Petitioner Hi Tech Energy Inc./Fareed Lalani, 9434 Oliphant Avenue, Morton Grove, IL 60053 Owner Hi Tech Energy Inc./Fareed Lalani, 9434 Oliphant Avenue, Morton Grove, IL 60053 PIN 09-20-417-033-0000 Plan of Operation The proposed business would operate daily from 6:00 a.m. to 11:00 p.m. with a total of two employees per shift. Existing Use Vacant (former convenience mart fueling station) Surrounding Land Use North: Commercial East: Commercial South: Commercial West: Residential/Place of Worship Existing Zoning G3, General Commercial Surrounding Zoning North: C-3, General Commercial East: C-3, General Commercial South: C-3, General Commercial West: G3, General Commercial Street Classification Oakton Street is a collector street according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends low density mixed-use for this portion of Oakton Street The applicant, Hi Tech Energy Inc., has applied for a Conditional Use Permit for a Convenience Mart Fueling Station at 1490 E. Oakton Street. A Special Use Permit was approved for a gas station in 1974, however, because the use has been abandoned for more than one year that entitlement is no longer valid. The 13,650 square -foot lot at the northwest comer of Cora Street and Oakton Street contains an approximately 1,375 square -foot one-story convenience mart with approximately 660 square feet of retail sales area. The site is accessed by two curb cuts on Oakton Street and one 59 -foot wide curb cut on Cora Street. Three parking spaces are shown on the site plan. A major variation is sought because the lot is undersized compared to the 20,000 square -foot minimum requirement The proposed plan of operation includes daily hours of operation from 6:00 a.m. to 11:00 p.m. with a total of two employees per shift. The applicant requested a waiver of the traffic study requirement and a waiver was granted. The Engineering Division reviewed the proposed site plan and offered comments that are incorporated into the 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: A Convenience Mart Fueling Station 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. Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 5 B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan Comment: The 2007 Comprehensive Plan recommends a low density mixed-use for this area of Oakton Street. The proposed use does not meet this vision, however, it 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 Convenience Mart Fueling Station operation fronts on Oakton Street, a collector street that currently has a mix of auto -oriented uses and more traditional main street type buildings built close to the street. Conditions of Approval incorporate landscaping to lessen the aesthetic impact of the operation, however, the use would conflict with the intended character of the street. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses Comment: With proposed conditions of approval relating to landscaping, and hours of operation, none of the functions of the Convenience Mart Fueling Station operation are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and 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: With proposed Conditions of Approval, the proposed Convenience Mart Fueling Station is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curbs cut on Oakton and Cora Streets 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: Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 6 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: A major variation request for Convenience Mart Fueling Station on a lot of less than 20,000 square feet is requested with the application. Additionally, current parking regulations would require two parking spaces per pump, plus one space per 200 square feet of retail area, or a total of ten parking spaces. Recommendation: The constrained size of the property impacts the amount of parking available and circulation through the site, however, the proposed use had operated successfully on the site for a number of years. Additionally, the Comprehensive Plan calls for pedestrian oriented mixed-use in this area. The Zoning Board could make a recommendation for denial based on these reasons. If the Zoning Board wishes to recommend approval, the Community Development Department provides a recommendation for approval of the Conditional Use Permit and variation requests for the establishment of a Convenience Mart Fueling Station, 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 partially mitigate impacts of the use: 1. Prior to issuance of the Conditional Use Permit, a revised Site Plan shall be submitted with parking spaces and a trash enclosure that meet code requirements, a reduced driveway and curb cut on Cora Street that is reduced to 24' in width at the property line, and a physical separation of the southernmost fueling lane from the sidewalk along Oakton Street 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 two parkway trees on Cora Street, an extended landscape island along Cora Street to line up with the reduced curb cut, and shrubs at a rate of one per 3 feet of yard length within the areas on the Site Plan labeled as landscape islands. 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, signage shall be removed from the fence along the western property line. 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 6:00 a.m. to 11:00 p.m. 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 and Major Variance for the establishment Convenience Mart Fueling Station in the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if there were any other questions from the Board, there were none. A motion was made by Board Member Szabo seconded by Board Member Catalano to approve a Conditional Use permit under Section 7.3-6-C and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to operate a convenience mart fueling station on a site of less than 20,000 square feet in the C-3 Zoning District Ayes: Catalano, Holbert, Porada, Saletnik, Schell, Seegers, Szabo Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 7 Nayes: None MOTION CARRIED Address: 33 S. East River/Bender Road Case 12 -041 -CU -V The petitioner is requesting a Conditional Use permit under Section 7.3-6-C and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize motor vehicle sales on a site of less than 25,000 square feet in the C-3 Zoning District. PIN 09-16-201-017-0000 Petitioner: Albert Dashto, 33 S. East River/Bender Road, Des Plaines, IL 60016 Owner(s): Albert Dashto, 33 S. East River/Bender Road, Des Plaines, IL 60016 The following individual was sworn in: Albert Dashto, 33 S. East River/Bender Road Petitioner explained his request to the Board Chairman Seegers asked Petitioner if he would continue repairs and would add a sales component to the business. Petitioner said that was correct. Chairman Seegers asked Petitioner if he was making additional improvements on the property to do this. Petitioner said yes. He said he would make fencing, landscaping, and other improvements. Chairman Seegers asked Petitioner if he would make any improvements to the building itself. Petitioner said he would paint it, but structurally, no. Chairman Seegers asked Petitioner if he would concur with the stated conditions in the staff report. Petitioner said yes. Board Member Porada asked Mr. Mangum if the hours of operation in the staff report were for repair, sales, or both. Mr. Mangum said it would be both. Board Member Porada asked Petitioner what his present hours of operation are. Petitioner said Monday through Friday 8 a.m. to 5 p.m. and on Saturday 8 a.m. to 3 p.m. Board Member Hofherr said he noticed a cell phone tower on the property and asked if it was on Petitioner's property. Petitioner said yes. Board Member Hofherr asked if he would be leasing the tower. Petitioner said he bought the property with the tower on it, but he does not receive any revenue from the tower. Chairman Seegers asked if that was long-term or short-term. Petitioner said long term. Board Member Szabo said he is generally in favor of the proposal, but the ZBA has had similar proposals and the conditions were not adhered to. He told Petitioner if he starts to sell more cars than the site is allotted, he will be reported. Petitioner said he understood. Board Member Porada asked Petitioner what the source of the vehicles for sale will be. Petitioner said it all depends on the vehicle, there are many wholesalers and auctions. Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 8 Board Member Porada asked if the repairs done at Petitioner's repair shop are mechanical or body or both. Petitioner said just mechanical and electrical, no body work. Board Member Porada asked Petitioner, hypothetically, if he would go to an auction, purchase a car for a price that is reflective of maybe some mechanical issues, repair the car at his facility, and sell it for a profit. Petitioner said yes. Board Member Porada said staff has made a condition of eight vehicles that may be for sale on the proposed site at once. He said Board Member Szabo's point was well taken. He said it is not only an issue of what the site will accommodate, it is also an issue of fairness to the City of Des Plaines. Petitioner said it will be a small-scale operation and eight vehicles will be all his business needs and can realistically accommodate. Board Member Porada said he is mindful of the fact that repair facilities that are repairing vehicles sometimes say they will sell vehicles as a way to get more vehicles on the site. He said it really isn't a true sales operation, but a basis for keeping more vehicles on the site that they normally would not be allowed. Board Member Hofherr asked about a photo that was provided that contained a red vehicle on a grass area. He asked if the grass area would be asphalted over. Petitioner said it would be. Board Member Hofherr wanted Petitioner to be aware that parking a vehicle on grass is against city code. Petitioner he was just moving cars at that point and whoever took the picture just caught it at the wrong moment. Board Member Szabo informed Petitioner that he may be in violation of the sign ordinance based on a photograph that was provided. He wanted Petitioner to be aware of this. He asked Mr. Mangum if he was correct on this. Mr. Mangum said yes. He said banner signs are only allowed for a temporary period. Board Member Szabo told Petitioner that he is already in violation of the sign ordinance. Petitioner asked what signs. Board Member Szabo said all the yellow banners. He said he is over the square footage for that size. Petitioner said there are other facilities with similar signs. Board Member Szabo said it does not matter. He said they may be in violation of the city ordinance as well. Board Member Hofherr asked Petitioner if he would be putting a new sign in closer to Golf Road. Petitioner said he has not planned that far yet. He said he still have to look at what is acceptable. Board Member Hofherr asked Mr. Mangum if the state would be involved. Mr. Mangum said Golf Road is under the jurisdiction of IDOT. He said if Petitioner meets the setback, he should be within the City's regulation. Chairman Seegers told Petitioner before he really gets into the signage he should review the relevant ordinances. Board Member Porada asked Petitioner how long he has been in business. Petitioner said 14 years. Board Member Porada asked if the sign that says, "Greg's Plus Auto Service" is some sort of electrical sign that is backlit Petitioner said yes. Board Member Porada asked who put the banners up. Petitioner said he did. Board Member Porada asked the Board if they would be in favor of adding a condition that Petitioner comply with all applicable sign ordinances. He told Petitioner he would have to do this anyway. Chairman Seegers said before the Board addresses that issue, it should determine where the parking spaces would be for the cars that will be for sale. Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 9 Chairman Seegers asked Petitioner where he would like the eight parking spaces to be. Petitioner said it is hard to determine because there are different variables to consider such as visibility and traffic. Chairman Seegers said the Board has to decide. He said there are six on the diagonal and seven on Golf Road. Petitioner said Golf Road and a few on the diagonal. Chairman Seegers asked Petitioner if he would keep it to eight spots with the majority on Golf Road. Petitioner said yes. 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 and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize motor vehicle sales on a site of less than 25,000 square feet in the C-3 Zoning District. Analysis: Proposed Use Motor Vehicles Sales in addition to Auto Service Repair Petitioner Albert Dashto, 33 S. East River/Bender Road, Des Plaines, IL 60016 Owner Albert Dashto, 33 S. East River/Bender Road, Des Plaines, IL 60016 PIN 09-16-201-017-0000 Plan of Operation Hours of operation on weekdays, Monday through Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 3:00 p.m. Four employees would be at the location. A maximum of 8 vehicles would be for sale. Existing Use Auto Service Repair Surrounding Land Use North: Vacant East: I-294 Tollway South: Single -Family Residential West: Cook County Forest Preserve Existing Zoning C-3, General Commercial Surrounding Zoning North: C-3, General Commercial East: I-294 Tollway South: R-1, Single Family Residential West: R-1, Single Family Residential Street Classification East River / Bender Road is a collector street and Golf Road is an arterial road according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Community Commercial use. The applicant, Albert Dashto, has applied for a Conditional Use Permit for Motor Vehicle Sales at 33 S East River/Bender Road. The applicant currently operates an Auto Service Repair facility at this location, which is permitted by right within the C-3 Zoning District. The approximately 17,000 square -foot lot at the southeast comer of East River/Bender Road and Golf Road contains an approximately 1,950 square -foot concrete block auto service repair shop with four repair bays. The site is accessed by an approximately 50 -foot wide curb cut on East Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 10 River/Bender Road. A cellular monopole is located at the eastern edge of the site adjacent to the I-294 Tollway. The applicant proposed to add motor vehicle sales to the site. A major variation is sought because the lot is undersized compared to the 25,000 square -foot minimum requirement. The applicant has proposed site improvements by adding a 7 -foot wide landscaping area with shrubs, trees, and a 4 - foot high ornamental wrought -iron style fence around the East River/Bender Road and Golf Road frontages. The zoning and current land use to the south of the subject property is single-family residential. An existing 6 -foot high privacy fence separates the land uses. To lessen the impact on the residence to the south of the facility conditions of approval are recommended to limit the hours of operation, location of repair activities, and lighting. The proposed plan of operation includes typical hours of operation on weekdays, Monday through Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 3:00 p.m. Four employees would be at the location. A maximum of 8 vehicles would be for sale. The applicant requested a waiver of the traffic study requirement. The traffic study waiver request was reviewed by the Engineering Division and 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: Motor Vehicles Sales 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 site. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Motor Vehicle Sales operation fronts on Golf Road, an arterial road that currently has an auto -oriented character in the area near East River Road. Conditions of Approval incorporate landscaping and operational requirements to lessen the impact of operations. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: With proposed conditions of approval relating to landscaping, noise, lighting, and hours of operation, none of the functions of the Motor Vehicle Sales operation are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and 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: Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 11 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: With proposed Conditions of Approval, the proposed Motor Vehicle Sales operation is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize an existing curb cut on East River / Bender Road 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 add impervious surface, however, it would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: Other than the major variation request for Motor Vehicle Sales on a lot of less than 25,000 square feet, it appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit and variation requests for the establishment of a Motor Vehicle Sales operation, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a Landscape Plan in compliance with Perimeter Parking Lot Landscaping requirements, Interior Parking Lot Landscaping requirements, and Landscape Buffer requirements per Sections 10.8-2, 10.8-3, and 10.9-3 of the Zoning Ordinance. 2. Prior to issuance of the Conditional Use Permit, the applicant shall complete site improvements as indicated on the Site and Landscape Plans. 3. Hours of operation shall be limited to: Monday -Friday: 8:00 a.m. to 6:00 p.m., Saturday 8:00 a.m. to 3:00 p.m. 4. The number of vehicles for sale shall be limited to no more than 8. 5. All repair of vehicles shall occur inside the building. 6. Prior to the issuance of the Conditional Use Permit, the applicant shall submit a photometric plan that limits the maximum amount of horizontal foot-candles on residential properties to not more than 0.1 foot-candles at the single-family residential property line. 7. 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. 8. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. Case # 12 -038 -CU -V — 1490 Oakton Street Case # 12 -041 -CU -V —33 S. EastRiverBender Road July 10, 2012 Page 12 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 and Major Variance for the establishment Motor Vehicle Sales operation in the C-3 zoning district The City Council has the final authority on the project. Chairman Seegers asked if there were any other questions from the Board, there were none. A motion was made by Board Member Hofherr seconded by Board Member Catalano to approve a Conditional Use permit under Section 7.3-6-C and a major variation to Table 7.3.1 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize motor vehicle sales on a site of less than 25,000 square feet in the C-3 Zoning District incorporating the eight recommendations of the staff and a ninth recommendation all signs on the property be brought into compliance with the City of Des Plaines code seconded by Board Member Catalano. AYES: Catalano, Holbert, Porada, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED Meeting adjourned at 8:23 P.M Sincerely, A.W. Seegers, Chairman Seegers Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals