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11/27/2012,A-- , CR OF �/ \j DES PLAINES ZONING BOARD OF APPEALS �� November 27, 2012 MINUTES DES PLAINES ILLINOIS The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, November 27, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Hofherr, Porada, Salemik, 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 7:36 P.M. Chairman Seegers directed that the following cases would be heard: Case 12065-V: The petitioner is requesting variations to Section 7.2-5D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize an accessibility ramp with a front yard setback of approximately 0 -feet, where the minimum front yard setback allowed is 25-feetwithinthe R-2 Zoning District. Case 12066-V: The petitioner is requesting variations to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow two wall signs, rather than zero, on the east elevation; and approximately 137 square feet of total wall signage where a maximum of 100 square feet is allowed for all wall signs. Case 12056 -CU: The petitioner is requesting a Conditional Use Permitunder Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the establishment of a place of worship in the C-3 District. A motion was made by Board Member Hofherr seconded by Board Member Szabo to approve the minutes of the November 13, 2012, hearings as submitted. AYES: Catalano, Hofherr, Porada, Salemik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED 1913 Illinois Street Case 12-065-V The petitioner is requesting variations to Section 7.2-5D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize an accessibility ramp with a front yard setback of approximately 0 -feet, where the minimum front yard setback allowed is 25-feetwithinthe R-2 Zoning District. Petitioner: Ardes MacFarlane, 1466 Fairfax Lane, Buffalo Grove, IL 60089 Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 2 Owner(s): Florence J. Buckley, 1913 Illinois Street, Des Plaines, IL 60018 The following individual was sworn in: Ardes MacFarlane, 1466 Fairfax Lane, Buffalo Grove, IL 60089 Petitioner introduced herself and presented her case to the Board. The petitioner's mother is 94 years old and has difficulty with the exterior stairs. Chairman Seegers asked if the ramp was already constructed. Petitioner said it was. Chairman Seegers asked if the Board Members had any questions. There were none. 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 variations to Section 7.2-51) of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize an accessibility ramp with a front yard setback of approximately 0 -feet, where the minimum front yard setback allowed is 25 -feet within the R-2 Zoning District. Analysis: Address: 191 Fremont Avenue Existing Zoning: R-1, Single Family Residential District Petitioner: Ardes MacFarlane, 1466 Fairfax Lane, Buffalo Grove, IL 60089 Owner(s): Florence J. Buckley, 1913 Illinois Street, Des Plaines, IL 60018 PIN: 09-29-232-003-0000 In reviewing this variation request, staff has considered the following information: The 28'-9" by 113 -foot lot (approximately 3,250 square foot) lot at 1913 Illinois is nonconforming with regards to lot width (45 -feet would be required of an interior lot in a new subdivision) but is larger than the minimum lot size of 2,800 square feet per dwelling unit One half of a two story brick duplex currently exists on site. The applicant received a permit to install an accessibility ramp as a temporary structure on June 29, 2012 per the Department of Community and Economic Development's policy: In an effort to assist residents that face a sudden need for accessibility, the Director of Community Development has instituted a policy whereby a resident may be granted a permit for a temporary ramp to facilitate accessibility to their home, even though such ramp may encroach on the front or side yard setback. The following conditions will apply to such permits: 1. The ramp shall satisfy the minimum requirements of the Residential Code. 2. If circumstances will allow that the ramp be removed within 180 days, no further action is required. A final inspection will be scheduled to verify that the ramp has been removed. 3. If the ramp is to remain in place for more than 180 days, the resident is required to apply for a Zoning Variation for any encroachment. If the Zoning Variation is denied then the resident/owner is responsible for bringing the ramp into compliance with the required setbacks. Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 3 The applicant has now applied for a variation to allow the structure to remain for a period of greater than 180 days. The approximately 3 -foot wide ramp extends 24 -feet from the front of the house to the front property line at the public sidewalk allowing wheelchair access to the raised entrance on the north side of the building. Per Section 3.6-6 of the Zoning Ordinance, a setback that projects more than 30% into the required setback may be allowed with a standard variation. Recommendation: Staff recommends approval of the above -requested front -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. The nonconforming lot width provides limited areas for the construction of an accessibility ramp to access a structure with a raised entrance. The open structure is limited in bulk and width while meeting accessibility needs. 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 the front -yard setback for an accessibility ramp in the R-2 zoning district. Chairman Seegers asked if there was anyone from the audience in favor or opposed the proposal. There were none. A motion was made by Board Member Schell seconded by Board Member Catalano to approve variations to Section 7.2-5D of the 1998 City of Des Plaines Zoning Ordinance, as amended: to authorize an accessibility ramp with a front yard setback of approximately 0 -feet, where the minimum front yard setback allowed is 25 -feet within the R-2 Zoning District AYES: Catalano, Holbert, Porada, Saletnik, Schell, Seegers, Szabo NAYES: None MOTION CARRIED 1080 Oakton Street Case 12-066-V The petitioner is requesting variations to Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow two wall signs, rather than zero, on the east elevation; and approximately 137 square feet of total wall signage where a maximum of 100 square feet is allowed for all wall signs. Petitioner: Rishad Rajabali, 3315 Algonquin Road, Suite 410, Rolling Meadows, IL 60008 Owner(s): Asif Rajabali, 3315 Algonquin Road, Suite 410, Rolling Meadows, IL 60008 The following individual was sworn in: Eric Carlson, architect for the proposed matter, and Rishad Rajabali petitioner. Eric Carlson, the architect for the proposed matter, explained the Petitioner's request to the Board. Mr. Carlson pointed out many businesses in the area with similar signage to that which is requested through a powerpoint presentation. Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 4 Board Member Hofherr said he reviewed the property in question and he said the existing pole sign may block the view of the location on the East side of the building. He asked how the sign on the East side will increase the visibility that the pole sign does not already do. Mr. Carlson said the pole sign and building sign are two different attractions and someone looking for a specific building will likely overlook pole signs. He said pole signs are good for visibility from a distance, but building signs are better in close range. Board Member Saletnik asked Mr. Mangum if the square footage for wall signage was determined by lot size. Mr. Mangum said square footage for wall signage has to do with the building frontage. 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 variations to Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow two wall signs, rather than zero, on the east elevation; and approximately 137 square feet of total wall signage where a maximum of 100 square feet is allowed for all wall signs. Analysis: Address: 1080 E. Oakton Street Existing Zoning: G3, General Commercial Petitioner: Rishad Rajabali, 3315 Algonquin Road, Suite 410, Rolling Meadows, IL 60008 Owner(s): Asif Rajabali, 3315 Algonquin Road, Suite 410, Rolling Meadows, IL 60008 PIN: 09-20-321-006-0000 In reviewing the variation requests, staff has considered the following information: The applicant is seeking Sign Variations for wall signage at the existing Dunkin' Donuts facility at 1080 E. Oakton Street. The approximately 25,601 square -foot (0.59 acre) property is located on the north side of Oakton Street, approximately 360 feet west of the Lee Street. The L-shaped subject site has frontages of approximately 95 -feet on Oakton Street and 64 -feet on Times Drive. A 2,006 square foot one-story Dunkin' Donuts building has right -in and right -out ingress and egress from Oakton Street and full access from Times Drive. A drive-through lane on the west side of the building also provides right - out access to Oakton Street. 18 parking spaces are located on the property. A total of 100 square feet of wall signage is allowed for the building and wall signs are limited to street facing frontages per the Zoning Ordinance. New signage is requested as part of a fagade renovation that is currently under construction. The building currently has one wall sign on the south elevation and one pole sign in front of the building. The applicant has received permits to replace the existing wall sign with a 45 square -foot wall sign on the south elevation (Oakton Street frontage) and install a 27 square foot wall sign on the west elevation (Times Drive frontage) in addition to a 58 square -foot, 20 -foot high pole sign, all of which meet code requirements. The applicant has requested major variations to allow two signs on the east elevation where none are allowed and a total of 136.5 square feet of wall signage where 100 square feet is allowed. The proposed signs on the east elevation Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 5 consist of a 27 square foot wall sign similar to the sign permitted for the west elevation as well as a 37.5 square foot wall sign. Recommendation: Staff recommends disapproval of the variations for signage on a non -street facing fagade (east), signage that exceeds 100 square feet, and the request for multiple signs on the east elevation 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 appear to be a hardship that would warrant multiple signs on the east elevation which would exceed the aggregate wall sign limit for the building. Additionally, the number and location of existing pole signs on the north side of Oakton Street, including that of the applicant, creates sign clutter and also obscures the view of the location of the proposed wall signs on the east elevation to westbound motorists. Zoning Board of Appeals Procedure: 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 requested wall signs. The City Council has the final authority on the project. Chairman Seegers asked if there were any more questions from the Board. Board Member Saletnik asked Mr. Mangum if the sign being requested is the same as the sign already on the West side. Mr. Mangum said it was the same size and very similar content. Board Member Szabo said he really does not object to the signs because it is an architectural feature. He said it is a branding thing and the East side of the building would look blank without the proposed signage. A motion was made by Board Member Szabo seconded by Board Member Catalano to recommend approval of variations to Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow two wall signs, rather than zero, on the east elevation; and approximately 137 square feet of total wall signage where a maximum of 100 square feet is allowed for all wall signs. AYES: Catalano, Szabo, Saletnik NAYES: Holbert, Porada, Schell, Seegers MOTION FAILID A motion was made by Board Member Porada seconded by Board Member Hofherr to recommend disapproval of variations to Section 11.6.13 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow two wall signs, rather than zero, on the east elevation; and approximately 137 square feet of total wall signage where a maximum of 100 square feet is allowed for all wall signs. AYES: Holbert, Porada, Schell, Seegers NAYES: Catalano, Szabo, Saletnik MOTION CARRIED Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 6 1050 E. Oakton Street Case 12 -056 -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 establishment of a place of worship in the C-3 District Petitioner: Chandra Khurana, M.D., Hanuman Spiritual and Community Center, 2390 Dorina Drive, Northfield, IL 60093 Owner(s): Bank of the West, 600 17' Street, Suite 500, Denver, CO 80202 The following individual was sworn in: Sapan Shah, 211 E. Ohio Street, Chicago, IL Petitioner explained his request to the Board with the aid of a PowerPoint presentation. Chairman Seegers asked Petitioner to elaborate on the functions and activities that would be provided at the proposed facility. Petitioner said the core functions would be lectures and prayers on the weekends. Chairman Seegers asked Petitioner if there was any particular age group that would be focused. Petitioner said it would be for all ages. Board Member Saletnik asked Petitioner what services would be open to the public and what fees, if any, they would be. Petitioner said all the activities would be open to the public without fees. Board Member Hofherr said based on his research regarding other locations of similar worship centers, those centers also offer yoga free of charge but only for the first one or two sessions then charge a fee to continue. He asked Petitioner if this center would similarly charge a fee to continue yoga sessions after the initial sessions. Petitioner first distinguished his organization from national organizations. This organization is a non-profit in Illinois only. He said the yoga services contemplated for this proposed site would not charge for yoga even after the initial sessions. Board Member Hofherr asked if there were a large number of members in the congregation that are able to financially support the remodeling. Petitioner said there is enough cash on hand to handle everything related to the purchase and infrastructure. 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 establishment of a place of worship in the C-3 District Analysis: Proposed Use Place of Worship (Hanuman Spiritual and Community Center) Petitioner Chandra Khurana, M.D., Hanuman Spiritual and Community Center, 2390 Dorina Drive, Northfield, IL 60093 Owner Bank of the West, 600 17' Street, Suite 500, Denver, CO 80202 PIN: 09-20-322-001-0000 Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 7 Plan of Operation The proposed hours of operation are Monday through Friday from 8:30 a.m. to 10:00 p.m., Saturday from 9:00 a.m. to 10:00 p.m., and Sunday from 10:00 a.m. to 10:00 p.m. Activities, including yoga, lectures, and community activities, would be concentrated on the weekends with occasional events for holidays and festivals. One full-time employee is expected. Existing Use Vacant (former Restaurant and Banquet Hall) Surrounding Land Use North: Commercial (Vacant parcel, Vacant Office Building) East: Commercial (Vacant Office Building, Optometrist) South: Commercial (Auto Parts, McDonald's) West: U.S. Post Office 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 identified as a collector street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends Community Commercial land uses for the proposed site. The Hanuman Spiritual and Community Center has requested a Conditional Use Permit to establish a Place of Worship within a vacant roughly 30,000 square foot commercial building (former restaurant and banquet hall) in the C-3 Zoning District. The approximately 170,103 square foot (3.9 acre) lot occupies an entire block with 375 -feet of frontage on both Oakton Street and the east -west portion of Executive Way and approximately 453 -feet of frontage on both Times Drive and the north -south portion of Executive Way. The site is surrounded by existing or vacant commercial uses, with the exception of the U.S. Post Office to the west. The proposed floor plan shows more than 24,000 square feet of area on the first level and a 5,607 square foot basement. The first floor contains a proposed temple/sanctuary in addition to several assembly areas including a fellowship hall, meeting room, and two lounge areas with fixed seating. If all of these areas were to be in use as at the same time the total parking required at a ratio of 1 parking space for every 60 square -feet and 1 parking space for every four fixed seats would result in a requirement of approximately 213 spaces. The property is developed with 225 parking spaces. The Plan of Operations and Purpose Statement provided by the applicant indicate that the proposed hours of operation are Monday through Friday from 8:30 a.m. to 10:00 p.m., Saturday from 9:00 a.m. to 10:00 p.m., and Sunday from 10:00 a.m. to 10:00 p.m. Activities, including yoga, lectures, and community activities, would be concentrated on the weekends with occasional events for holidays and festivals. One full-time employee is expected. The applicant commissioned Kenig, Lindgren, O'Hara, and Aboona, Inc. Transportation and Parking Planning Consultants to prepare a traffic study. Below is a summary of the traffic study's conclusions: • As proposed, the existing restaurant and banquet hall will be redeveloped to accommodate a spiritual and cultural center with a maximum seating capacity of 100 people and a total of approximately 25 to 50 members. Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 8 • The facility will be focused on weekend activities on Saturday afternoons and Sunday morning and afternoons. During the week, the center will remain open for any visitors with occasional events for holidays and festivals. • The center is expected to primarily generate traffic during the weekends. The center will generate limited, if any, traffic during weekdays specifically during the critical morning and evening commuter peak periods when the roadway system experiences its highest traffic levels. • The center will host several large functions/events for holidays and festivals. However, some of these functions/events are held in conjunction with the regularly scheduled services or occur outside of the peak hours of traffic. As such, the impact on traffic conditions in the area as a result of these activities will be limited. • The results of the capacity analyses has shown that the existing roadway system is sufficient to accommodate the traffic to be generated by the center. • Access to the proposed center is to be provided via the six existing access drives serving the site. Given the low volume of traffic projected to be generated by the center, the existing access system is sufficient to accommodate the center -generated traffic. Conditional Use Standards: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the Zoning Board of Appeals must review the proposed development in accordance with the following standards: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Places of Worship are 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. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends Community Commercial land uses for this property. The Community Commercial designation includes commercial areas providing neighborhood -and community-based retail goods and services located at major intersections in commercial districts. These commercial areas are intended to serve surrounding neighborhood residents as well as consumers from outside the City. Additionally, the Oakton- Elmhurst Corridor Sub -Area Plan commissioned by City Council in 2008 identifies this site for redevelopment with high density commercial and multi -family uses. The non-commercial development proposed by the applicant would be a very low intensity use given the large size (4 acres) and central location of the property. The applicant's proposed use would be concentrated on weekends. During the week, the property would not be regularly used or occupied with the exception of the applicant's staff. This is not a proposed commercial use. The applicant's proposed use constitutes a significant deviation from Comprehensive Plan and the Oakton-Elmhurst Corridor Sub -Area Plan. 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 Place of Worship would be located within an existing structure. The applicant is not proposing exterior alterations to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 9 Comment: None of the functions of the Place of Worship 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. As mentioned above, both the Comprehensive Plan and the Oakton-Elmhurst Corridor Sub -Area Plan have designated this property for high density commercial redevelopment/use. The applicant's proposed use constitutes a significant deviation from those plans. 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 traffic study submitted by the applicant concluded that the existing roadway system is sufficient to accommodate the traffic to be generated by the center, the existing access system is sufficient to accommodate the center -generated traffic, and there would be a limited impact during large functions/events. However, the addition of left tum storage egress lanes on both Times Drive and Executive Way would be necessary to accommodate large events during peak periods. No other aspects of the proposed operations are anticipated to the detrimental by reason of noise, smoke, fumes, glare, or odors. 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 development would utilize existing curb cuts on Times Drive and Executive Way for access. Oakton Street is identified as a collector street in the Comprehensive Plan. According to the traffic study submitted, the roadway system is sufficient to accommodate the traffic to be generated by the center, the existing access system is sufficient to accommodate the center -generated traffic, and there would be a limited impact during large functions/events. However, the addition of left turn storage egress lanes on both Times Drive and Executive Way would be necessary to accommodate large events during peak periods. 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: Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 10 Comment: As proposed, the proposed center appears to generally conform to other applicable zoning regulations. Recommendation: The Community Development Department does not recommend that the Zoning Board of Appeals approve the Conditional Use Permit request for the establishment of a Place of Worship based on a review of the information presented by the applicant, the Comprehensive Plan, the Oakton-Elmhurst Corridor Sub -Area Plan as well as the findings made above, all in accordance with Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. If the Zoning Board of Appeals decides to recommend approval of the applicant's requested relief, potential conditions of approval that could be considered include: 1. Prior to issuance of the Conditional Use Permit, the applicant shall enter an agreement with the City, including dedication of right-of-way and/or a funding mechanism to allow for adequate roadway widening for the addition of left tum storage egress lanes on both Times Drive and Executive Way to the satisfaction of the Director of Public Works and Engineering. 2. Prior to occupancy 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 disapprove the above-mentioned Conditional Use Permit for the establishment of a Place of Worship in the C-3 zoning district The City Council has the final authority on the project. Chairman Seegers asked if any Board Members had any questions. Board Member Holbert, following up an earlier statement about property taxes by the petitioner, said in 2010 the real estate tax on this property was over $250,000 not including the revenue paid to Des Plaines regarding the liquor license, food license, etc. He asked Petitioner if he was aware of that Petitioner said he was aware of that. Chairman Seegers asked if anyone in the audience was in favor of the proposal. About forty audience members were in favor. Chairman Seegers asked if anyone in the audience objected. About six audience members objected. Petitioner said that an increase in traffic would be minimal based on a third -party traffic study that was performed for the proposed worship center. Chairman Seegers asked if anyone that objected would like to speak. The following persons were sworn in: Christine Ceplevice, 1513 Kingston Ct. Frieda Byte, 1499 Heather Ln. Tom Baboulas, 1516 Heather Ln. Charles Mueller, 1521 Kingston Ct. Ms. Ceplevice said her concern was due to traffic. She said she lives in the area and already experiences problems with the traffic. She said the traffic is already bad in that area and the proposed use would just make it worse according to her. Ms. Hyrc was concerned that the proposed use was not a house of worship, but rather a business. Mr. Baboulas also expressed concern due to a possible increase in traffic. Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12 -056 -CU 1050 E. Oakton Street November 27, 2012 Page 11 Mr. Mueller said he was also concerned about the traffic. He was also concerned with the loss of revenue to the City due to loss of property taxes. Chairman Seegers asked if anyone that approved would like to speak. The following persons were sworn in: Mott Agarwal, 2077 Miner St. Hason Shah, 9542 Greeonwood Dr. Virat Patel, 9422 Greenwood Dr. Devay Shah, 9226 Aspen Dr. Niked Shah, 9349 Howe Ave. Tony Smartotto, 1050 Oakton Ashok Patel, 7233 W. Howard, Chicago IL Amit Shah Mr. Agarwal said there will be very little traffic during open hours. He said unlike a banquet hall, people will come here and there rather than all at once. Therefore, hundreds of people will not be attending at one time so there will be little impact on traffic. Further, the center would provide services free of charge to the public. Mr. Hason Shah said he is a physician in training at Lutheran General. He said in terms of licensing, this organization is very good. He said this is a service oriented facility, not a commercial one. He said it is a very inclusive organization and the public, generally, may take advantage of the facility. Mr. Virat Patel shared a story of his late mother who would attend temple every day and would provide services and he wished to continue the tradition. Mr. Devay Shah said he loves the City of Des Plaines, but currently there is no center like this for him and his family and he has to travel 40-50 miles for a center similar to this. Mr. Niked Shah said this center will be very helpful. He said that traffic safety around the area will improve because there will be no alcohol consumption. Mr. Tony Smartotto, the commercial real estate agent of this property, said Cook County taxes are paid in arrears and the taxes on this site are going down and are projected to be around $150,000 based on appeals. He said currently, the taxes are around $170,000. Mr. Ashok Patel said he is a real estate broker and feels Des Plaines needs a community and religious center for the growing Hindu community. Mr. Amit Shah said this is a great opportunity and his mother is a yoga instructor that may be able to provide her services free of charge. Chairman Seegers asked the Board Members if they had any other questions Board Member Saletnik asked Mr. Mangum a two part question. First, how much parking is required and available based upon code requirements for the square footage and size of the building. Second, how much parking is available and required based on usage and attendance. Mr. Mangum said the code requirements for parking are based on the size of a building and based on fixed seating. Based on the square footage and seating, 213 spaces would be required. The property is developed with 225 parking spaces. Case # 12-065-V 1913 Illinois Street Case # 12-066-V 1080 Oakton Street Case # 12-056-CU 1050 E. Oakton Street November 27, 2012 Page 12 Board Member Szabo said he could see the need for the proposed use but he was concerned about the location. He said similar worship areas such as Willow Creek and Harvest Bible Chapel are not in the middle of a heavy commercial area, but are on the outskirts of their respective towns. Board Member Hofherr said the services would be fabulous if there was a location that was not on a major thoroughfare, it would be more conducive. A motion was made by Board Member Szabo seconded by Board Member Hofherr to recommend disapproval of a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the establishment of a place of worship in the C-3 District. AYES: Catalano, Holbert, Porada, Schell, Seegers, Szabo NAYES: Saletnik MOTION CARRIED Meeting adjourned at 9:17 p.m.