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03/13/2012-- /I-c1TY OF �� XN DES PLAINES ZONING BOARD OF APPEALS 1/ n xi 11 March 13, 2012 DES PLAINES MINUTES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, March 13, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS AYES: Catalano, Saletrik, Hotherr, Schell, Pomda, Seegers ABSENT: Szabo 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 case would be heard: Case Number 12 -004 -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 Dog Training and Dog Day Care Facility (Domestic Pet Service) in the C-3 District. A motion was made by Board Member Saletnik seconded by Board Member Hofherr to approve the minutes of the February 28, 2012, hearings as submitted. AYES: Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ABSTAINED: Catalano MOTION CARRIED Address: 216 Graceland Case Number: 12 -004 -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 Dog Training and Dog Day Care Facility (Domestic Pet Service) in the C-3 District. PIN: 09-17-202-002-0000 Petitioner: Marcy Brooks, 454 S. Lyman Avenue, Des Plaines, IL 60016 Owner(s): Joseph Gallo, 220 Graceland Avenue, Des Plaines, IL 60016 Case # 12 -004 -CU — 216 Graceland March 13, 2012 Page 2 The following individuals were sworn in: Marcy Brooks (Petitioner), 454 S. Lyman Avenue Alex Brooks, 454 S. Lyman Avenue Mr. Brooks stated that they seek to open a Dog Day Care and Dog Training facility at 216 Graceland Chairman Seegers inquired as to whether the Petitioners had a business located at that location in the past. Mr. Brooks responded that they had a similar business at that location several years ago. Chairman Seegers asked what prompted the move from that location. Mr. Brooks explained that the business moved to a larger space, but due to the economy, they seek to move back to the old location on Graceland. Chairman Seegers asked if the business would be in the same space and asked about whether the Petitioners sought use of an outdoor area. Mr. Brooks explained that the location was the same and that they did not seek use of any outdoor areas. Chairman Seegers also asked if grooming would occur at the location. Mr. Brooks stated that no grooming would occur. Chairman Seegers inquired as to the hours of operation. Mr. Brooks stated that the business would be open from 7 A.M. to 7 P.M. Chairman Seegers asked whether there would be a separate entry for the business. Mr. Brooks stated that there would be a common entry area, but then a separate entry after proceeding down the stairs. Chairman Seegers asked if there were any questions from the Board Board Member Hofherr asked about an area where dogs would be let out to relieve themselves. Mr. Brooks explained the clean up process and that there is a dumpster designated for waste. Mrs. Brooks further clarified that there is no outside area for such purposes, and that these actions would occur within the building. Board Member Porada asked for clarification regarding the dates in which the business moved from Graceland Avenue to Rand Road. Mr. Brooks stated that he believed the business moved from Graceland to Rand Road in 2007 or 2008. Board Member Porada asked if the business would occupy the same space as they occupied before. Mrs. Brooks stated that the business was in the basement last time, as it would be now; however, they occupied a space further back in the building at that time. Board Member Porada asked Mr. Mangum if the current Conditional Use Permit request is essentially the same use as before. Mr. Mangum stated that yes it was. Board Member Porada asked Mr. and Mrs. Brooks if they were aware of the condition of pet waste removal no less than 3 times a week, and further commended Staff for suggesting that it be a condition. Mr. Brooks stated that yes they were aware. Mrs. Brooks further stated that the business conducts such removal daily and that this condition was not a problem. Case # 12 -004 -CU — 216 Graceland March 13, 2012 Page 3 Board Member Hofherr discussed the scheduling of dance studio located in the building and inquired as to how the Petitioner's business would affect that business and vice versa. Mr. Brooks stated that he has spoken to the owner of the studio and that the busy times of the studio should not conflict with the busy times of their domestic pet service. He further stated that the dance studio operated at that location the last time Mr. and Mrs. Brooks operated their business, and that there had been no problems. Board Member Hofherr asked if Mr. and Mrs. Brooks felt there would be any conflicts between the businesses. Mr. Brooks expressed his desire to be a part of the building, and stated that he has heard positive feedback from many individuals and dance students who expressed their happiness to welcome them back to this location. Board Member Hofherr asked that Mr. Mangum inform the appropriate code enforcement personnel about several issues on the property including various trucks and other vehicles parked at that address and construction materials causing a drainage ditch to begin collapsing. Mr. Mangum thanked Board Member Hofherr for this information and stated that he would pass it along to the appropriate parties. Chairman Seegers asked if there were any other questions of the Board. There were none. Chairman Seegers asked Mr. Mangum to read the applicable staff report into record, as follows: 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 Dog Training and Dog Day Care Facility (Domestic Pet Service) in the C-3 District. Analysis: Proposed Use: Dog Training and Dog Day Care Facility (Domestic Pet Service) Petitioner: Marcy Brooks, 454 S. Lyman Avenue, Des Plaines, IL 60016 Owner: Joseph Gallo, 220 Graceland Avenue, Des Plaines, IL 60016 Plan of Operation: Operate a domestic pet service that offers dog training and daycare services from the hours of 7am-9pm with up to 6 employees. Existing Use: Multi -tenant building Surrounding Land Use: North: Commercial, Union Pacific Rail Road East: Commercial, Residential South: Residential West: Open Space, Union Pacific Rail Road Existing Zoning: C-3, General Commercial Surrounding Zoning: North: C-3, General Commercial Case # 12 -004 -CU — 216 Graceland March 13, 2012 Page 4 East: C-3, General Commercial, R-3 Townhouse Residential South: R-1, Single Family Residential, R-3 Townhouse Residential West: R-1, Single Family Residential, M-2, General Manufacturing Street Classification: Rand Road is an arterial street according to the City's Comprehensive Plan. Graceland Avenue is a local street. Comprehensive Plan: The Comprehensive Plan recommends Parks and Open Space for the site. The applicant, Marcy Brooks for Alex Brooks School of Dog Training, has requested a Conditional Use Permit to operate a Domestic Pet Service that offers dog training and daycare services from the hours of 7am-9pm Monday through Friday with private lessons in the evening hours and on Saturday from 9am- 4pm. A maximum of six employees would be present at any one time. Domestic Pet Services require a Conditional Use Permit in the C-3 zoning district. This dog training school has previously obtained Conditional Use Permits at 216 Graceland Avenue (Case 05 -27 -CU), 110 S. Des Plaines River Road (Case 09 -007 -CU), and at its previous location, 1300 Rand Road (Case 05 -94 - CU) before reoccupying the space at 216 Graceland Avenue. If located within 300 feet of a residence, consent is required. The applicant states that she has gone door-to-door to obtain consent from 16 of the 41 residential units, in addition to the management from the Rand Road Mobile Home Park, but has not been able to reach the remainder. The applicant is responsible for mailing public hearing notices to all properties within 300 feet of the subject property. The 1,080 square -foot (16' x 67.5') tenant space at 216 Graceland Avenue is located within the basement of a multi -tenant building. The building is located on a lot with a total area of approximately 1.9 acres. The site has approximately 52 parking spaces available to the public and is serviced by a curb -cut off of Graceland Avenue, a local road. 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 proposed operation anticipates an average of 10 appointments per day. Evening classes would be conducted outside of peak business hours and would not exceed ten dogs. The proposed operation provides transportation for most of the daycare clients, and believes there is sufficient parking on site for those customers who pick up and drop off their dogs for day care or training services. 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 Domestic Pet Service is a conditional use in 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. Case # 12 -004 -CU — 216 Graceland March 13, 2012 Page 5 B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The Domestic Pet Service use in not in compliance with the 2007 Comprehensive Plan, which recommends Parks and Open Space for this site. However, the current C-3 zoning of the property allows the proposed use as a Conditional 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 Domestic Pet Service 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 Domestic Pet Service are anticipated to be hazardous or disturbing to the surrounding neighborhood. A condition of approval prohibits the use of an outdoor dog run and requires frequent removal of waste. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The amount of additional traffic and parking anticipated to be created by the proposed Domestic Pet Service should be accommodated by the existing surrounding street network and on-site parking lot. 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: Case # 12 -004 -CU — 216 Graceland March 13, 2012 Page 6 Comment: The proposed project would utilize an existing curb cut on Graceland Avenue for ingress and egress. The surrounding street network is built with sufficient capacity to handle the volume of automobiles generated by the Domestic Pet Service use. As proposed, the Domestic Pet Service would generate a 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: Comment: No 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: Domestic Pet Services are subject to the following specific criteria under section 7.3-6-C-1 of the Zoning Ordinance: a. All Domestic Pet Services shall be at least 300 feet from any residential dwelling, unless both the owner and occupant of the residential dwelling consent to the same; the applicant shall furnish such consent in writing. b. Outdoor kennels are not allowed. c. Outdoor runs are allowed. Residences are located within 300 feet of the proposed use. The applicant obtained consent from many (16 of 41 in addition to the mobile home park management) of the residential units. The petitioner's application indicates that there will not be any outdoor operations. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Domestic Pet Service, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. Refuse for the domestic pet service shall be removed no less than three times per week. 2. No outdoor dog run 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 the establishment of a Domestic Pet Service in 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 for comments from the audience in favor of the request. There were none. Case # 12 -004 -CU — 216 Graceland March 13, 2012 Page 7 Chairman Seegers asked for comments from the audience objecting to the request. There were none. A motion was made by Board Member Catalano seconded by Board Member Hotherr tc recommend approval of the Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a Dog Training and Dog Day Care Facility (Domestic Pet Service) in the C-3 District subject to the conditions stated in the staff report. AYES: Catalano, Saletnik, Holbert, Schell, Porada, Seegers NAYES: None MOTION CARRIED Chairman Seegers reminded the Board to do the Open Meeting Act Training within the year. The meeting was adjourned at 7:52 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