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06/26/2012CrT OF\ DES PLAINES ZONING BOARD OF APPEALS n a June 26, 2012 MINUTES DES PLAINES ILLINOIS The lies Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, June 26, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hotherr, 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 11021-V: The petitioner is requesting a variation to Section 7.2-41) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 34.5%, where a maximum of 30% is allowedwithin the R-1 zoning district. Case 12 -033 -CU: The petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the operation an Indoor Shooting Range with accessory Firearm Sales in the M-2 Zoning District. Case 11017 -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 the operation of a Massage Therapy (Massage Parlor) use in the C-3 District. A motion was made by Board Member Saletnik seconded by Board Member Schell to approve the minutes of the June 26, 2012, hearings as submitted. Board Member Catalano abstained because he was notpresent June 12, 2012. Board Member Szabo was not presentwhen the motion was made. AYES: Hother, Porada, Saletnik, Schell, Seegers NAYES: None MOTION CARRIED Address: 2021 Busse Htehwav Case 11021-V The petitioner is requesting a variation to Section 7.2-41) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 34.5%, where a maximum of 30% is allowedwithin the R-1 zoning district. Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 2 PIN 09-21-207-004-0000 Petitioner: Fadi Tamer, 2021 Busse Highway, Des Plaines, IL 60016 Owner(s): Fadi Tamer, 2021 Busse Highway, Des Plaines, IL 60016 The following individual was sworn in: Fadi Tamer, 2021 Busse Highway Petitioner Tamer was sworn in and explained his request to the Board. Chairman Seegers asked if there used to be a courtyard between the garage and the house. Petitioner said yes. Chairman Seegers asked if the space to be used would be for a kitchen. Petitioner said it was for a kitchen and dining room. Chairman Seegers asked if the entrance will be moved once the area is enclosed. Petitioner said yes. Chairman Seegers asked if Petitioner was expanding beyond the existing walls. Petitioner said no. Chairman Seegers asked if Petitioner would be using frame or masonry. Petitioner was not clear what Chairman Seegers was asking. Chairman Seegers asked if the house is currently frame or masonry, that is, siding or brick. Petitioner said brick. Chairman Seegers asked if the addition would be brick. Petitioner said it would be. Chairman Seegers asked if the same roofline would be extended. Petitioner said yes. Board Member Hofherr asked who Jabur Zeno is. Petitioner said his wife. Board Member Hofherr asked if he was living with his wife. Board Member Hofherr asked if Petitioner is living in the house he wishes to add an addition on to or if he planned to stay in Morton Grove. Petitioner said he planned to stay in Morton Grove and rent the house out in Des Plaines. Board Member Saletnik asked if the garage was there when Petitioner bought the house. Petitioner said yes. Board Member Saletnik said after the addition, Petitioner's garage would look like an attached garage which is similar to what all Petitioner's neighbors have. Board Member Catalano asked if the entire courtyard is currently brick or concrete. 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 variation to Section 7.2-4D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 34.5%, where a maximum of 30% is allowed within the R-1 zoning district. Analysis: Address: 2021 Busse Highway Existing Zoning: R-1, Single Family Residential District Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 3 Petitioner: Fadi Tamer, 2021 Busse Highway, Des Plaines, IL 60016 Owner(s): Fadi Tamer, 2021 Busse Highway, Des Plaines, IL 60016 PIN: 09-21-207-004-0000 In reviewing this variation request, staff has considered the following information: The 55' by 150' (8,250 square foot) lot at 2021 Busse Highway is a legal conforming lot with regards to both lot width and lot size in the R-1 District. A one story brick single-family residence with detached two -car garage and 74 square foot shed currently exist on site. The applicant proposes to add approximately 385 square feet through a single story addition to the front of the house that would enclose the brick patio area between the front of the house and the garage. The applicant states that the addition will provide extra needed living area. The existing house and attached garage cover approximately 29.8% of the lot. The proposed addition would place the total building coverage at approximately 2,846 square feet (34.5%), where the zoning ordinance allows a maximum building coverage of 2,475 square feet (30%). A building permit was received for the shed in 1995. Per Section 3.6-6 of the Zoning Ordinance, lot coverage of up to 20% over the maximum requirements may be allowed with a standard variation. Recommendation: Staff recommends denial of the above -requested lot coverage variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. Staff is recommending denial of the variation as the subject lot meets the minimum lot size requirements and is not unique in size in comparison to the adjacent properties on the south side of Busse Highway. The Zoning Ordinance would allow for a second story addition that did not expand the footprint in order to add floor area to the house. 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 deny the above-mentioned variance for lot coverage for an addition to a single-family residence in the R-1 zoning district. Chairman Seegers asked if there were any questions from the Board. Board Member Hofherr asked why the Board should grant a variation when Petitioner said there was no hardship, especially when it is to become a rental property and not a residence for Petitioner. Petitioner said it would be a much better use of the property and would conform to other residences in the neighborhood. Chairman Seegers asked if there were any other questions from the Board, there were none. Chairman Seegers asked if anyone in the audience approved. Three people raised their hands. Chairman Seegers asked if anyone was against. There were none. Board Member Saletnik said when the Petitioner first came before the Board there was not adequate information. He said the overall footprint of the construction is essentially going to be the same as the residence currently has. He said the house will appear the same other than the ridgeline in the back of the garage which will be extended back. He said Petitioner is here to get the highest and best use of his property. He said the community would benefit from this. A motion was made by Board Member Saletnik seconded by Board Member Catalano to approve a variation to Section 7.24D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize the construction of a one-story addition to an existing single family residence with a building coverage of approximately 34.5%, where a maximum of 30% is allowed within the R-1 zoning district Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 4 Ayes: Catalano, Saletnik, Seegers, Szabo Nayes: Holbert, Schell, Porada MOTION CARRIED Address: 1226 Rand Road Hiahwav Case 12 -033 -CU The petitioner is requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the operation an Indoor Shooting Range with accessory Firearm Sales in the M-2 Zoning District. PIN 09-30-100-047-0000 Petitioner: Barry and Claudia Levin, 1226 Rand Road, Des Plaines, IL 60016 Owner(s): Mercury Mold and Tool Company, 75 Bradrock Drive, Des Plaines, 60018 The following individual was sworn in: Claudia Levin, 1226 Rand Road Petitioner Levin was sworn in. Board Member Porada recused himself and took a seat in the gallery during the issue. Petitioner explained her request to the Board. Chairman Seegers asked if the hours of operation would be the same. Petitioner said they would be. Chairman Seegers asked if there is adequate parking. Petitioner said yes, there is parking for 59 vehicles. Chairman Seegers asked if there would be any exterior improvements. Petitioner said no. Board Member Hofherr suggested alarming the ceiling and the roof. Petitioner said she has already done that. Board Member Hofherr said the reason he mentioned this is because of past experiences. Petitioner said assured the Board she would be installing a state-of-the-art security system. Board Member Szabo asked if Petitioner had any problems with security in the past. Petitioner said she has had one break-in in the past. She said she has spoken with the Des Plaines Police Department about ways to avoid/prevent future break-ins. Board Member Szabo asked Petitioner to elaborate on the security system she will be using. Petitioner said there will be motion detectors on the front of the building, sensitive motion detectors on the windows, gates that prevent intruders from going into the retail area, secured doors with motion and heat detectors, and gates that physically go across the doors, motion detectors in the ceiling itself. Barry Levin, Petitioner's husband, was sworn in. He said the security system is wired directly into the Des Plaines Police Department. He said there is no lag this way and an immediate signal will be sent to the Des Plaines Police Department in the event of a break-in. Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 5 Board Member Szabo asked if this system was in place when Petitioner was a victim of a break-in in the past. Mr. Levin said no, but this system is currently in place now. Petitioner said there was a lag time before to get to the key panel, which has now been eliminated based on the police chief s suggestion. 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 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the operation an Indoor Shooting Range with accessory Firearm Sales in the M-2 Zoning District. Analysis: Proposed Use Indoor Shooting Range with accessory Firearm Sales Petitioner Barry and Claudia Levin, 1226 Rand Road, Des Plaines, IL 60016 Owner Mercury Mold and Tool Company, 75 Bradrock Drive, Des Plaines, 60018 PIN 09-30-100-047-0000 Plan of Operation Typical hours of operation would occur weekdays Tuesday through Friday from 10 00a to 9:OOpm, weekends from 9:OOam to S:OOpm, and from 6:OOpm to 10:00pm on Mondays for special events. 10-15 employees would be at the location. Existing Use Vacant industrial building Surrounding Land Use North: Industrial East: Industrial South: Industrial West: Industrial Existing Zoning M-2, General Manufacturing Surrounding Zoning North: M-2, General Manufacturing East: M-2, General Manufacturing South: M-2, General Manufacturing West: M-2, General Manufacturing Street Classification Bradrock Drive is a local street according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends an Industrial use. Maxon's Shooters has requested a Conditional Use Permit to operate an Indoor Shooting Range with accessory Firearm Sales at 75 Bradrock Drive in the M-2 Zoning District. The 1.1 acre lot (49,500 square -feet) has 165 -feet of frontage on Bradrock Drive. The one-story 14,670 square foot building would be fully occupied by the applicant, who is under contract to purchase the property. The proposed floor plan includes two 75 -foot by 30 -foot shooting ranges containing nine shooting positions each, a 2,340 square -foot retail sales area, two 320 square -foot classrooms, and areas for storage and gun smithing. Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 6 The proposed plan of operation includes typical hours of operation on weekdays, Tuesday through Friday from 10 00a to 9:00pm, weekends from 9 00a to 5:00pm, and from 6:00pm to 10:00pm on Mondays for special events. 10-15 employees would be at the location. Maxon's sells firearms, a number of firearms related merchandise, and also acts as a training facility with individual and group instruction. The business would be relocating from its current, approximately 4,000 square foot, operation with 18 parking spaces at 1266 Rand Road. In 2011 a Conditional Use Permit was approved to relocate to a 10,650 square foot tenant space within a building at 461 N. Third Avenue that had a total of 150 parking spaces, however, the petitioner has indicated that they will not be occupying that space. There are currently approximately 25 parking spaces provided on site at 75 Bradrock Drive, but the proposed site plan shows a total 59 parking spaces. The applicant requested a waiver of the traffic study requirement along with vehicle counts from their current facility and projections for the proposed location. The traffic study waiver request was reviewed by the Engineering Division and granted subject to conditions. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: An Indoor Shooting Range is a Conditional Use in the M-2, General Manufacturing Zoning District, as specified in Section 7.4-5-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Industrial for this site. However, an Indoor Shooting Range is a Conditional Use in the M-2 Zoning District. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Indoor Shooting Range use would be located within an existing structure. No major exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Indoor Shooting Range use are anticipated to be hazardous or disturbing to the surrounding neighborhood. The applicant has stated that they will use sound insulation in addition to an air filtration system to minimize potential impacts. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 7 Comment: The proposed Conditional Use would appear to have adequate public facilities, it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Indoor Shooting Range use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information provided. The peak hours for the proposed use are generally outside of normal business hours of surrounding businesses in this industrial area. 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 Bradrock Drive for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Indoor Shooting Range use appears to conform to all other zoning regulations. While the Des Plaines City Code (4 -7B -3.C.1.3) limits the location of Firearms Dealers to not closer than 0.25 miles to a public park or school. While the current operator is grandfathered (4 -7B -3.C.1.4) because they were established prior to September 1, 1994 it does not appear that there is a park or school within 0.25 miles of the proposed location. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Indoor Shooting Range use, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. Prior to issuance of the Conditional Use Permit, the applicant shall submit a Landscape Plan with areas of new and reconstructed parking lot in compliance with Interior Parking Lot Landscaping requirements per Section 10.8-2 of the Zoning Ordinance. 2. Prior to issuance of the Conditional Use Permit, a revised Site Plan shall be submitted with diagonal pavement striping, minimum 4' wide, along the west side of the building for pedestrians to walk along so that they are out of the traffic lanes, and a sidewalk connection from the street sidewalk to the front entrance to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. 3. Prior to issuance of the Conditional Use Permit, the applicant shall submit a security plan, including a security system with direct call to the City's 9-1-1 system, reinforcement of exterior and interior doors, and locking mechanisms for all firearms to the satisfaction of the Chief of Police. 4. Prior to issuance of the building license, the applicant shall improve the parking lot with interior landscaping in new and reconstructed areas, with diagonal pavement striping, minimum 4' wide, along the Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 8 west side of the building for pedestrians to walk along so that they are out of the traffic lanes, and install a sidewalk connection from the street sidewalk to the front entrance. 5. Prior to issuance of the building license, all security measures included in the security plan shall be in place to the satisfaction of the Chief of Police. 6. 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. 7. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 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 the establishment of a Indoor Shooting Range use in the M-2 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. Chairman Seegers asked if anyone in the audience approved. Numerous people raised their hands. Chairman Seegers asked if anyone was against. There were none. A motion was made by Board Member Hofherr seconded by Board Member Catalano to recommend that the City Council approve a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the operation an Indoor Shooting Range with accessory Firearm Sales in the M-2 Zoning District AYES: Catalano, Holbert, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED 475 Cordial Drive Case 12 -017 -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 the operation of a Massage Therapy (Massage Parlor) use in the C-3 District Petitioner: Maryana Kolos, 475 Cordial Drive, Des Plaines, IL 60018 Owner: John Okolita, 1784 E. Oakton Street, Suite 103, Des Plaines, IL 60018 The following individual was sworn in: Maryana Kolos, 475 Cordial Drive, Des Plaines, IL 60018 Petitioner Kolos was sworn in and explained her request to the Board Chairman Seegers asked if this is a new business that Petitioner has created. Petitioner said she had worked for someone else but has also had her own business in Skokie. She said she has been in the massage business for 10 years. Board Member Hofherr asked where her current business is. Petitioner said she works out of her house right now. Board Member Szabo asked if Petitioner was going to hire any staff Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 9 Petitioner said she would be the only massage therapist. Board Member Szabo said Des Plaines has encountered problems in the past with massage therapy businesses. He asked Petitioner if she was the only massage therapist at her previous location in Skokie. Petitioner said yes. Chairman Seegers asked if Petitioner was only leasing one facility. Petitioner said yes. Chairman Seegers asked if other businesses in the office building know she will be leasing out of. Petitioner said she did not know. Board Member Catalano noted that the hours of operation listed are from 10 a.m. to 10 p.m. Petitioner said the business will be open to 10 p.m. in case a customer's appointment runs a little late, but the last appointment will be at 9 p.m. Board Member Catalano asked Petitioner if she had a problem with the staff s recommendation of the closing time being at 9 p.m. Petitioner said no. Board Member Hofherr asked if there would be a showering unit in the facility. Petitioner said no. Board Member Hofherr asked if there was a requirement by the state to have shower facilities within the physical suite. Petitioner said she did not know. Mr. Mangum said massage establishments are governed by city code and state regulation. Board Member Szabo asked if the business license was taken out in Petitioner's name at the Skokie location. Petitioner said yes. Board Member Szabo asked if there were any violations against Petitioner, and if so, what. Petitioner said yes. Board Member Szabo what the nature of those violations were. Petitioner said there was a business licensing fee issue. Board Member Szabo asked Petitioner to clarify if she had only one violation regarding a disagreement with the business fee license. Petitioner said yes. Board Member Szabo asked what year the violation occurred. Petitioner said 2011. Board Member Szabo asked if that was the only violation Petitioner had. Petitioner said no. Board member Szabo asked Petitioner to explain other violations. Petitioner said in October of 2006 she had another business licensing fee issue. She said police were involved another time regarding a mistake with a police officer. Board Member Szabo said he understood about the licensing fee issue but wanted Petitioner to elaborate on the third issue. Petitioner said there was an arrest. Board Member Szabo asked why. Petitioner said prostitution. Board Member Szabo asked if the police were justified. He asked if it went to court. Petitioner said it went to court. Board Member Szabo asked if the court ruled in Petitioner's favor. Petitioner said she was found not guilty. Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 10 Board Member Saletnik asked Mr. Mangum if the City does background checks for things like this. He said these kinds of issues should not come up in meetings like this for the first time. Mr. Mangum said there is a requirement for the business license for an application to the police department that involves fingerprinting. He said the police department has the option of denying a business application based on previous convictions such as felony prostitution or sexual misconduct with children. Mr. Mangum said the police department did not deny Petitioner's business application. Board Member Saletnik asked if this has already gone to the police department and the police department authorized the business. Mr. Mangum 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 of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Therapy (Massage Parlor) use in the C-3 District Analysis: Proposed Use Massage Therapy business Petitioner Maryana Kolos, 475 Cordial Drive, Des Plaines, IL 60018 Owner John Okolita, 1784 E. Oakton Street, Suite 103, Des Plaines, IL 60018 PIN 09-21-312-020-0000 Plan of Operation The petitioner would be the only employee at the location with proposed hours of operation from 10:00am to I0:00pm. Existing Use Multi -tenant office building Surrounding Land Use North: Single -Family Residential East: Commercial South: Commercial West: Multi -Family Residential Existing Zoning C-3, General Commercial Surrounding Zoning North: R-1, Single Family Residential East: G3, General Commercial South: G3, 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 in this area. The applicant, Maryana Kolos of Luxury Touch, LLC, has requested a Conditional Use Permit to operate a Massage Therapy (Massage Parlor) establishment at 1784 E. Oakton Street in the C-3 Zoning District. The 11,580 square foot lot has a 60 -foot frontage on Oakton Street. The petitioner would occupy an approximately 300 square -foot suite (#101) within a one-story approximately 6,000 square foot office building with 13 tenant spaces. The floor plan indicates that the suite would contain an office area and single room for massage therapy. The plat of survey shows Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 11 12 parking spaces at the rear of the building. Access is provided by a driveway that is shared with the multi -family residential buildings to the west. The proposed plan of operation includes hours of operation between 10:00am and 10:00pm, however, as the City Code limits Massage Parlors to no later than 9:OOpm, a condition of approval is proposed to limit the hours. The petitioner, Maryana Kolos, states that she would see no more than 10 clients during the day, with sessions typically ranging from 60-90 minutes. The applicant requested a waiver of the traffic study which has been granted due to the limited amount of traffic anticipated. 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 Massage Parlor is a Conditional Use in the G3, 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 low-density mixed use for this site. However, a Massage Parlor 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 Massage Parlor use would be located within an existing structure. No exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Massage Parlor use 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. The Police Department has reviewed the application. 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. The Police Department has reviewed the application. I. The proposed Conditional Use does not involve uses, activities, processes, materials, Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 12 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 Massage Parlor use is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the information provided. 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 Oakton Street for access. Based on information provided, staff does not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No significant exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Massage Parlor use appears to conform to all other zoning regulations. The Des Plaines City Code, Title 4, Chapter 10 establishes additional regulations pertaining to Massage Establishments and requires approval of the City Manager including review by the City Sanitarian and the Police Department. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Massage Parlor use, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. The only individual authorized to operate at the location is Maryana Kolos. Any additional person would require approval of the Chief of Police. 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. 3. The use shall comply with, and remain in compliance with, Title 4, Chapter 10 (Massage Establishments) of the City of Des Plaines Municipal Code. 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 the establishment of a Massage Parlor use 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. Board Member Szabo asked Petitioner if she had a business in Skokie for 10 years. Petitioner said no, only 3 years. Board Member Szabo asked if there were only the 3 violations previously described: one Petitioner was found not guilty and the other two were procedural matters. Petitioner said yes. Chairman Seegers asked if anyone in the audience approved Case # 12-021-V — 2021 Busse Highway Case # 12 -033 -CU — 1226 Rand Road Case # 12 -017 -CU -1784 E. Oakton Street June 26, 2012 Page 13 An audience member, Lenny Goodman, 749 Sandy Lane, Des Plaines, was sworn in. Mr. Goodman asked Petitioner if the police officers were clients or there to prosecute. Petitioner said he was a client. Mr. Goodman asked what percentage of Petitioner's clients are police officers. Petitioner said she did not know because she never asks her clients if they are police officers or not. Daniela Kelemen, a tenant of the proposed business site, was sworn in Ms. Kelemen said her business produces a lot of noise and is concerned that the noise may be a nuisance to the massage parlor, and did not want her business restricted because of the massage parlor. Chairman Seegers said it would be an issue for the landlord to decide. Chairman Seegers asked Ms. Kelemen what her hours of operation are. Ms. Kelemen said 8 a.m. to 10 p.m. John Okolita, 1784 E. Oakton Street, Suite 103, Petitioner's landlord, was sworn in. Chairman Seegers asked Mr. Okolita if he had any problems with the massage parlor. Mr. Okolita said he does not have any problem. He said he hardly notices any noise from Ms. Kelemen's business. Board Member Hofherr asked Mr. Okolita how many spaces are currently has occupied. Mr. Okolita said 9 of the 13 offices are currently occupied. Board Member Hofherr asked what types of businesses are currently there. Mr. Okolita said there is a nutritionist, a trucking business, an acupuncturist, a towing service, and other businesses. A motion was made by Board Member Catalano seconded by Board Member Szabo to recommend that the City Council approve a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Massage Therapy (Massage Parlor) use in the C-3 District AYES: Catalano Szabo, Saletnik NAYES: Holbert, Schell, Porada, Seegers MOTION FAILID Meeting adjourned at 8:35 P.M Sincerely, A.W. Seegers, Chairman Seegers Des Plaines Zoning Board of Appeals cc: City Officials Aldermen Zoning Board of Appeals