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02/14/2017Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING February 14, 2017 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, February 14, 2017, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Bader, Green, Hofherr, Saletnik, Szabo ABSENT: Catalano, Schell ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development Gale Cerabona/Recording Secretary Chairman Szabo called the meeting to order at 7:06 p.m. and read the evening’s cases. He noted agenda item #3 would be continued to the next PZB meeting on February 28, 2017. Roll call was conducted. APPROVAL OF MINUTES A motion was made by Board Member Green, seconded by Board Member Saletnik, to approve the minutes of January 10, 2017, as written. AYES: Green, Saletnik, Bader, Szabo NAYES: None ABSTAIN: Hofherr ***MOTION CARRIED 4-0*** NEW BUSINESS Case #3 was moved up on the agenda. 3. Address: 800 S. River Road Case 17-010-PUD The City of Des Plaines has filed an application to amend Planned Unit Development Ordinance #Z-4- 91 which governs the development and use of the property commonly known as 800 South River Road to remove Lot 100, a parcel owned by the City, from the previously approved private residential Planned Unit Development. All other approvals regarding Ordinance #Z-4-91 will remain in full force and effect. PIN: 09-17-421-038-0000 Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 2 Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 (Lot 100) Altus Group US, Inc., 21001 N. Tatum Blvd, #1630, Phoenix, AZ 85050 (Remaind On the following described property: LOTS 100 THROUGH 111 (BOTH INCLUSIVE) EXCEPT THAT PART OF SAID LOTS TAKEN FOR THE OPENING OF PRAIRIE AVENUE AS RECORDED OCTOBER 30, 1941 BY DOCUMENT #12785378 AND ALSO EXCEPT THAT PART OF SAID LOT 111 LYING SOUTH OF PRAIRIE AVENUE AFORESAID AND ALSO EXCEPT THE SOUTHEASTERLY 8.0 FEET OF THE NORTHEASTERLY 150.0 FEET OF LOT 100 AND ALSO EXCEPT THE NORTHEASTERLY 150.0 FEET OF LOT 101, 102, 103 AND 104 AND ALSO EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 109; THENCE SOUTH 08 DEGREES, 39 MINUTES, 51 SECONDS EAST ALONG THE EAST LINE OF SAID LOTS 109, 110, AND 111, A DISTANCE OF 230.0 FEET; THENCE NORTH 55 DEGREES, 34 MINUTES, 59 SECONDS WEST ALONG A LINE PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 109, A DISTANCE OF 23.28 FEET TO AN INTERSECTION WITH A LINE 17.00 FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID LOTS 109 AND 110; THENCE NORTH 08 DEGREES, 39 MINUTES, 51 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 230.0 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID LOT 109; THENCE SOUTH 55 DEGREES, 34 MINUTES, 59 SECONDS EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT 109, A DISTANCE OF 23.28 FEET TO THE PLACE OF BEGINNING, ALL IN THE ORIGINAL TOWN OF RAND (NOW DES PLAINES), BEING A SUBDIVISION OF SECTIONS 16, 17, 20, AND 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. A motion was made by Board Member Green, seconded by Board Member Hofherr, continue this case until the next PZB meeting on February 28, 2017. AYES: Green, Hofherr, Bader, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There were no comments. Case #2 now becomes Case #1. 1. Addresses: 1517 E. Oakton Case 17-007-CU Petitioner is requesting a Conditional Use Permit under Section 12-3-4 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow a massage establishment in the C-3 General Commercial District. PIN: 09-29-208-001-0000 Petitioner: Yuling Wang, 3741 W. Dempster Street, Skokie, IL 60076 Owner: Connie Veremis, 493 Franklin Lane, Elk Grove Village, IL 60007 Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 3 Chairman Szabo swore in Yuling Wang, 3741 W. Dempster Street, Skokie, IL 60076 & Patrick O’Bryan, Executive Director, Center for Catholic Social Thought and Action, 3147 W. Douglas Blvd., Chicago, IL 60623. Ms. Wang advised her business is a professional massage company with a current location in Skokie. The establishment in Des Plaines will be the second location. Mr. O’Bryan distributed brochures of the existing business to the Board. He shared the location of the current spa. Board Member Hofherr asked: • if the hours are 10 a.m. – 10 p.m. and is Ms. Wang is the sole owner. Ms. Wang advised – yes, she is the sole owner and that there will be managers at both locations. • how many employees there will be. Ms. Wang advised – 2-3 people. • where Ms. Yang will be working. Mr. O’Bryan advised – Ms. Wang will spend more time in Des Plaines at first. Chairman Szabo asked: • if Connie Veremis, 493 Franklin Lane, Elk Grove Village, IL 60007 owns the shopping center. Mr. O’Bryan responded in the affirmative. • Staff if the parking is adequate. Senior Planner Bye responded in the affirmative. Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Conditional Use permit under Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, to operate a Massage Establishment in the C-3 Zoning District. Analysis: Address: 1517 E. Oakton Street Owners: Connie Veremis, 493 Franklin Lane, Elk Grove Village, IL 60007 Petitioner: Yuling Wang, 3741 W. Dempster Street, Skokie, IL 60076 Case Number: 17-007-CU Real Estate Index Number: 09-29-208-001-0000 Ward: #2, John Robinson Existing Zoning: C-3 General Commercial District Existing Land Use: Commercial Surrounding Zoning: North: General Commercial South: Single-Family Residential East: General Commercial West: General Commercial Surrounding Land Use: North: Commercial Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 4 South: Residential East: Commercial West: Commercial Street Classification: E. Oakton Street is an arterial road Comprehensive Plan: The Comprehensive Plan designates the site Mixed Use – Low Density The applicant, Yuling Wang, has requested a Conditional Use Permit to operate a Massage Establishment at 1517 E. Oakton Street. The proposed tenant space for the Massage Establishment is one of five in the Four Star Plaza shopping center, which is located on a 16,700 square-foot parcel at the southeast corner of E. Oakton Street and Illinois Street. The site is accessed by two curb cuts, one off of E. Oakton Street and one off of Illinois Street, and currently has 26 parking spaces. It is improved with a single-story brick and stucco building. The petitioner proposes to operate a Massage Establishment within the roughly 1,000 square-foot tenant space. Services to be offered include Swedish massage, deep tissue massage, walking on back massage, four hands massage, and foot massage/reflexology. These services would vary in length from 30 minutes to two hours. The tenant space is currently vacant and was previously occupied by a printing business. The proposed Massage Establishment would operate seven days a week from 10:00 a.m. to 10:00 p.m. and have three employees daily. The petitioner currently operates an existing Massage Establishment, Nana Queen Spa, in Skokie. A request to waive the traffic study requirement was granted after review by staff based of the proposed site plan and size of the operation. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3- 4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Massage Establishment is a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 12-7-3(K) 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 Mixed Use – Low Density use for the 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 Massage Establishment is located on E. Oakton Street, an arterial road lined with commercial buildings and uses. The Massage Establishment would be one of five tenants in an existing shopping center. No changes are proposed for the exterior of the building or site. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: Based on the plans submitted, none of the functions of the proposed Massage Establishment are anticipated to be hazardous or disturbing to the surrounding neighborhood. Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 5 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: Based on the plans submitted, the proposed Massage Establishment would be served adequately by essential public facilities and 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 Massage Establishment 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: Based on the plans submitted, the proposed Massage Establishment is not anticipated to create additional traffic or noise 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 Massage Establishment would be located in an existing shopping center that would not be altered in any way. Based on an evaluation of the existing conditions and plans 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: The proposed Massage Establishment would be located in an existing shopping center. The proposed plan 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: It appears that the proposed Massage Establishment complies with all additional regulations within the Zoning Ordinance. Recommendation: I recommend approval of the Conditional Use Permit for the operation of a Massage Establishment, based on review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 6 Ordinance. The proposed Massage Establishment complements existing uses within the shopping center and does not require any more parking, per the Zoning Ordinance, than those uses. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the operation of a Massage Establishment in the C-3 General Commercial District. The City Council has the final authority on the proposal. Chairman Szabo asked if Staff knows how long the previous business has been gone. Senior Planner Bye and Mr. O’Bryan both stated they were unsure. Chairman Szabo asked the audience if anyone is in favor or objects to this proposal – no one responded. Mr. O’Bryan gave his background and advised that this establishment and staff are of the highest integrity. A motion was made by Board Member Hofherr, seconded by Board Member Bader, to recommend approval for the Conditional Use Permit of this establishment to City Council. AYES: Hofherr, Bader, Green, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be provided to City Council. 2. Addresses: 380 Northwest Highway Case 17-005-CUV Petitioner is requesting a Conditional Use under Section 12-3-4 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow an electronic message board in the C-1 Neighborhood Shopping District and Variations to Section 12-11-6 (B) of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow a pole sign to be located 1.75’ from a property line, when 5’ is required, and an electronic message board to be located 165’ from a residence in the R-1 Single-Family Residential District, when 250’ is required, in the C-1 Neighborhood Shopping District. PIN: 09-07-303-047-0000 Petitioner: Arvind Patel, 380 Northwest Highway, Des Plaines, IL 60016 Owner: 380 East Northwest Professional Plaza Inc., 380 Northwest Highway, Des Plaines, IL 60016 Chairman Szabo swore in Arvind Patel, M.D. F.A.C.S., Clinical Associates Medical Services, 380 Northwest Highway, Des Plaines, IL 60016 who advised he has been practicing in Des Plaines since 1981 with Clinical Associates Medical Services. He stated the group has grown so placing a sign will help with public awareness. Board Member Green asked if the sign is visible from any residences. Dr. Patel advised it is not. He indicated half of the sign is a permanent display. The other half will have an electronic display (the information on this display will change based on medical topics). Having the sign as proposed will gain maximum exposure at a prime location, without disturbing residents. Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 7 Chairman Szabo asked if there would be a 4-ft. planter box around the sign. Dr. Patel advised – he believes landscaping is required. The planter will be around the sign. Chairman Szabo asked if the Board has further questions. There were none. He asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Conditional Use under Section 12-3-4 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow an electronic message board in the C-1 Neighborhood Shopping District and variations to Section 12-11-6(B) of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow a pole sign to be located 1.75’ from a property line, when 5’ is required, and an electronic message board to be located 165’ from a residence in the R-1 Single-Family Residential District, when 250’ is required, in the C-1 Neighborhood Shopping District. Analysis: Address: 380 Northwest Highway Owners: 380 East Northwest Professional Plaza Inc., 380 Northwest Highway, Des Plaines, IL 60016 Petitioner: Arvind Patel, 380 Northwest Highway, Des Plaines, IL 60016 Case Number: 17-005-CU-V Real Estate Index Number: 09-07-303-047-0000 Ward: #7, Don Smith Existing Zoning: C-1 Neighborhood Shopping District Existing Land Use: Commercial (Office) Surrounding Zoning: North: Single-Family Residential South: Limited Manufacturing East: Single-Family Residential West: General Commercial Surrounding Land Use: North: Residential South: Industrial; Railroad East: Residential West: Commercial Street Classification: Northwest Highway is an arterial road Comprehensive Plan: The Comprehensive Plan designates the site as Office The applicant, Arvind Patel, has requested a Conditional Use Permit and setback variations to install an Electronic Message Board (EMB) at 380 Northwest Highway. The 35,286 square foot property is improved with a three-story, glass and brick office building that has parking beneath the building on the ground floor Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 8 as well as surface parking. The petitioner has purchased the building and plans to open a medical office and urgent care clinic. The petitioner proposes to install the EMB on the south side of the building at the intersection of Northwest Highway and State Street. The proposed pole sign is a total of 13’ tall, with poles that are seven feet tall and a sign face that is 6’ tall. The proposed sign face is a total of 27 square feet in area (6’ by 4.5’), with half of the area for a standard sign and half of the area for the EMB portion. Variations are requested to locate the sign 1.75’ from the south lot line, when 5’ is required for a pole sign, and 165’ from a residence, when 250’ is required for an EMB. A request to waive the traffic study requirement was granted after review by staff based of the proposed site plan and size of the operation. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3- 4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: An EMB is a Conditional Use in C-1, Neighborhood Shopping District, as specified in Section 12-7-3(K) 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 an Office use for the 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 EMB is located at the corner of Northwest Highway and State Street. Northwest Highway is lined with commercial buildings and uses, while State Street is lined with single family residences. Staff is unsure if changes are proposed to the exterior of the building or the site. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: Based on the plans submitted, the EMB is not anticipated to be hazardous or disturbing to the surrounding neighborhood. The proposed sign is to be located on the south side of the building and should not be visible from any of the residences to the east or north. 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: Based on the plans submitted, the proposed EMB would be served adequately by essential public facilities and 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 #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 9 Comment: Based on the plans submitted, the proposed EMB 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: Based on the plans submitted, the proposed EMB is not anticipated to create additional traffic or noise 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 EMB would be located along an existing commercial thoroughfare. Based on the plans submitted, 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: The proposed EMB would be located on the property of an existing office building in an area that is currently landscaped. The proposed plan 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: As presented, the EMB will require two variations: to allow a pole sign to be located 1.75’ from a property line, when 5’ is required, and an electronic message board to be located 165’ from a residence in the R-1 Single-Family Residential District, when 250’ is required, in the C-1 Neighborhood Shopping District. Recommendation: I recommend approval of the Conditional Use Permit for the EMB, based on review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. The proposed EMB is located along a commercial thoroughfare and will not be visible to residences to the east or north of the subject property. Planning and Zoning Board Procedure: Under Sections 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for an EMB in the C-1 Neighborhood Shopping District. The City Council has the final authority on the proposal. Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 10 1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: The petitioner has stated that he is requesting the EMB in order to advertise the new medical services offered on the site. Without the EMB, potential new clients may not know he is there. 2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Comment: Based on the plans submitted, there does not appear to be a good location on the site for the sign to be located that is both at least 5’ from all property lines and out of view of the surrounding residential properties. Though the proposed sign is less than 250’ from a residential property, the building will block the view of the sign from all residences. 3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: The building and site have already been constructed and are not proposed to be altered in any way. 4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: The petitioner has stated that denial of the variations would prevent him from advertising the new medical services offered on the site and that potential new patients may not know he is there. 5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Comment: Based on the plans submitted, the sign appears to be located as far from the lot line as possible, while still being reasonable in size and dimension for the business. The sign is in the best location to shield it from the surrounding residences. 6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: The sign otherwise meets all zoning restrictions for height and size and is located along a commercial thoroughfare where EMBs are common. Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 11 Recommendation: I recommend approval of the variations to Section 12-11-6(B) of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow a pole sign to be located 1.75’ from a property line, when 5’ is required, and an electronic message board to be located 165’ from a residence in the R-1 Single-Family Residential District, when 250’ is required, in the C-1 Neighborhood Shopping District. The facts and circumstances presented above justify granting the variations requested. Plan & Zoning Board Procedure: Under Sections 12-3-6(G)2 (Procedure for Review and Decision for Variations) of the Zoning Ordinance, the Planning & Zoning Board may vote to recommend approval, approval with modifications, or disapproval of the proposed variations. The City Council has final authority over the variations requested. Chairman Szabo asked if the Board has any questions. Board Member Bader stated a gas station sign was approved recently and is glaring. He asked Staff if there is a maximum on lumens. Senior Planner Bye advised – they cannot exceed 100 foot candles at the sign face. She stated this would be a condition of the permit. She indicated inspectors could be sent out to see if it’s too bright if there are any issues once installed. Chairman Szabo asked: • if the sign will be lit at night. Dr. Patel advised – yes, until 10 p.m. (eventually the clinic may be operating 24 hours daily). Chairman Szabo asked that the lumens/foot candles meet the code. • if the sign board will be a running message. Dr. Patel advised – it would be displayed then will change. Senior Planner Bye stated the code does not allow running messages. Dr. Patel stated they would never be out of compliance. Board Member Hofherr asked: • if the sign will eventually be lit 24 hours? Dr. Patel advised – yes, unless there are complaints; the permanent part of sign will indicate the hours. Chairman Szabo asked if the Board has further questions. There were none. He asked the audience if anyone is in favor of this proposal. The following came forward and were sworn in by Chairman Szabo: • Wayne Serbin 835 Pearson Mr. Serbin advised this establishment has been in Des Plaines a long time and is a reputable business. He referenced the electronic sign at the Frisbee Center. Mr. Serbin shared that various physicians there are on Boards of the American Medical Association, and awards have been presented. He stated this is a well-needed service in the community. • Ray Imig 499 Graceland Mr. Imig advised he is a patient of Dr. Patel. He provided background of himself, and stated he is in favor of this clinic. Mr. Imig shared that other Immediate Care Clinics have closed. He noted it is something that is duly needed. Chairman Szabo asked if anyone in the audience objects to this proposal. The following came forward and was sworn in: • Ersan Sano 135 Cambridge Road Mr. Sano asked where the exact location of the sign is. Dr. Patel illustrated same. Case #17-007-CU-1517 E. Oakton-Conditional Use Permit Case #17-005-CUV-380 Northwest Highway-Conditional Use Permit & Variations Case #17-010-PUD-800 S. River-Amend Planned Unit Development Ordinance February 14, 2017 Page 12 A motion was made by Board Member Hofherr, seconded by Board Member Green, to recommend approval to City Council for the signage, Conditional Use Permit, and 2 Setback Variations. AYES: Hofherr, Green, Bader, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** OLD BUSINESS There was no Old Business. ADJOURNMENT On a voice vote, Chairman Szabo adjourned the meeting at 7:46 p.m. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners