06/27/2017Case #17-042-V – 316 Amherst Avenue – Variation
June 27, 2017
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
JUNE 27, 2017
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, June 27,
2017, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Bader, Catalano, Green, Hofherr, Saletnik, Schell
ABSENT: Szabo
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
Gale Cerabona/Recording Secretary
Vice Chair Saletnik called the meeting to order at 7:01 p.m. and read this evening’s case. Roll call was conducted.
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the minutes
of June 13, 2017 as submitted.
AYES: Hofherr, Catalano, Bader, Schell, Saletnik
NAYES: None
ABSTAIN: Green
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There were no comments.
PUBLIC HEARING NEW BUSINESS
1. Address: 316 Amherst Avenue Case 17-042-V
The petitioner is requesting a Standard Variation under Section 12-7-2(J) of the 1998 Des Plaines Zoning
Ordinance, as amended, to permit the construction of a detached garage that puts total building coverage at
33%, when a maximum of 30% is permitted.
PIN: 09-07-315-020-0000
Petitioner: Marek Dominikowski, 2540 E. Church Street, Des Plaines, IL 60016
Owner: Tibor Babinski, 316 Amherst Avenue, Des Plaines, IL 60016
Case #17-042-V – 316 Amherst Avenue – Variation
June 27, 2017
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Vice Chair Saletnik swore in Petitioner Marek Dominikowski, 2540 E. Church Street, Des Plaines, IL
who advised the existing one-car garage (30% total building coverage per code) does not accommodate the
owner’s truck. A two-car garage (33% total building coverage; variance requested) is intended to be built.
Vice Chair Saletnik asked:
• what the overall dimensions are. Mr. Dominikowski advised - the new garage will be 24 ft. x 24 ft.
• what the setbacks are. Mr. Dominikowski advised – there is a 5ft. easement, 5 ft. away from the
side and rear property lines
• if the rest of the garage is in conformance. Mr. Dominikowski advised - yes
Vice Chair Saletnik asked if the Board has any questions.
Board Member Schell asked if Petitioner talked to the neighbors. Mr. Dominikowski advised he sent out 50
letters and spoke to some neighbors. Vice Chair Saletnik read a letter from Mr. & Mrs. Janes, 209 Amherst
Avenue, that stated they are in favor of the proposal.
Vice Chair Saletnik asked if anyone in the audience is in favor or against the proposal. No one responded.
He asked Staff to provide the Staff Report which Senior Planner Bye did:
Issue: The petitioner is requesting a Standard Variation under Section 12-7-2(J) of the 1998 Des Plaines
Zoning Ordinance, as amended, to permit the construction of a detached garage that puts total building
coverage at 33%, when a maximum of 30% is permitted.
Analysis:
Address: 316 Amherst Avenue
Owners: Tibor Babinski, 316 Amherst Avenue, Des Plaines, IL 60016
Petitioner: Marek Dominikowski, 2540 E. Church Street, Des Plaines, IL 60016
Case Number: 17-042-V
Real Estate Index Number: 09-07-315-020-0000
Ward: #7, Don Smith
Existing Zoning: R-1 Single-Family Residential
Existing Land Use: Residential
Surrounding Zoning: North: R-1 Single-Family Residential
South: R-1 Single-Family Residential
East: R-1 Single-Family Residential
West: R-1 Single-Family Residential
Surrounding Land Use: North: Residential
South: Residential
East: Residential
West: Residential
Street Classification: Amherst Avenue is a local street
Comprehensive Plan: The Comprehensive Plan designates the site as Traditional Single Family
Case #17-042-V – 316 Amherst Avenue – Variation
June 27, 2017
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The property at 316 Amherst Avenue is a legally conforming lot with regard to both lot width (60 feet;
minimum 55 feet required) and lot size (7,151 square feet; minimum 6,875 square feet required) in the R-1
Single-Family Residential District. The property is currently improved with a single-story brick residence
and a one-car detached garage that is approximately 16.5 feet by 24 feet (396 square feet). The applicant
proposes to demolish the existing detached garage and replace it with a new detached garage that can
accommodate two cars.
The existing house and detached garage total 2,179 square feet of the 7,151 square foot lot, for a building
coverage of 30.5%. The proposed new detached garage, at 24 feet by 24 feet (576 square feet), would put the
total building coverage at 33% (2,359 square feet of the 7,151 square foot lot). The Zoning Ordinance allows
a building coverage of no more than 30% for an interior lot in the R-1 Single-Family Residential District.
The proposed detached garage otherwise meets all requirements for an accessory structure, including area
(the maximum area permitted for a detached garage is 720 square feet), height (a maximum height of 15 feet
is permitted), and setbacks (minimum rear and side yard setbacks of 5 feet are required).
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:
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 the existing detached garage is not big enough to fit two
cars. The requested detached garage (576 square feet) is the minimum size required to comfortably
accommodate two cars.
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: The petitioner has stated that the site is too small to allow for a larger garage without
going over the 30% lot coverage permitted for an interior lot in the R-1 Single-Family Residential
District.
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 property is legally platted and meets the standards for lot width and area in the R-1
Single-Family Residential District.
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 most properties in the neighborhood have two-car garages.
Case #17-042-V – 316 Amherst Avenue – Variation
June 27, 2017
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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: The petitioner has stated that approval of the building coverage variation will allow the
owner to enjoy the same rights as other property owners. The petitioner has stated that the new
garage will meet the owner’s parking and storage needs.
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 petitioner has stated that most properties in the neighborhood have two-car garages.
Recommendation: I recommend approval of the above-requested Standard Variation for building coverage
in the R-1 Single-Family Residential District based on a review of the information presented by the applicant
and the standards and conditions imposed by Section 12-3-6(H) (Findings of Fact for Variations) as outlined
by the City of Des Plaines Zoning Ordinance. The recommendation for approval of the building coverage
variation is based on the fact that the detached garage is otherwise in conformance with all regulations (area,
setback, and height) for accessory structures.
Planning and Zoning Board Procedure
Under Section 12-3-6(F) of the Zoning Ordinance (Standard Variations) the Planning and Zoning Board
has the authority to approve, approve subject to conditions, or deny the above-mentioned Standard
Variation for building coverage in the R-1 Single-Family Residential District.
A motion was made by Board Member Schell, seconded by Board Member Catalano, to approve as presented.
AYES: Schell, Catalano, Green, Bader, Hofherr, Saletnik
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
ADJOURNMENT
On a voice vote, Vice Chair Saletnik adjourned the meeting at 7:08 p.m.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners