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11/11/2017Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING NOVEMBER 14, 2017 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, November 14, 2017, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Bader, Catalano, Hofherr, Saletnik, Schell, Szabo ABSENT: Fowler ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development Gale Cerabona/Recording Secretary Chairman Szabo called the meeting to order at 7:04 p.m. and read this evening’s cases. Roll call was conducted. APPROVAL OF MINUTES Board Member Hofherr shared the following change: • Page 2 under Board Member Hofherr’s comments, alter existing garage to the driveway A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the minutes of October 24, 2017 as amended. AYES: Hofherr, Catalano, Bader, Saletnik, Schell NAYES: None ABSTAIN: Szabo ***MOTION CARRIED 5-0*** PUBLIC COMMENT There were no comments. PUBLIC HEARING NEW BUSINESS 1. Address: 481 Edward Ct. Case 17-095-SUB-V The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-1 of the Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of four new lots at 481 Edward Court, and Major Variations from Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow four new lots with widths of 45’, when 55’ is required, and lot areas ranging from 6,495 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 2 to 6,504 square feet, when 6,875 square feet is required for interior lots, in the R-1 Single-Family Residential District. PIN: 09-20-310-004-0000 Petitioner: Mohammed Makda, 8518 Major Avenue, Morton Grove, IL 60053 Owner: Trust First National Bank, 7757 W. Devon Avenue, Chicago, IL 60631 Chairman Szabo swore in Mohammed Makda, 8518 Major Avenue, Morton Grove, IL & Beada Kociuba, Architect, BK Architect, 100 Higgins Avenue, Suite 205, Park Ridge, IL. Ms. Kociuba advised the proposal is to divide the existing lot into four lots (requiring two variances). She noted plans for these single-family houses will be small; starter homes. The lot can accommodate four small houses; bigger lots are not as appealing (for young or first-time buyers). Ms. Kociuba continued that this area has many older homes in poor condition; new construction is needed. She stated the typical distance between houses would be 10 ft. (as is in the area currently). Site plans were referenced; garages in front were identified. Open space will be vast. Materials will be siding, brick; low height to blend in with this neighborhood. Chairman Szabo asked what percent of the lot is being covered. Ms. Kociuba advised – 30% and referred to contextual photos. Chairman Szabo asked if the Board has any questions. There were none. He asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-1 of the Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of four new lots at 481 Edward Court, and Major Variations from Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow four new lots with widths of 45’, when 55’ is required, and lot areas ranging from 6,495 to 6,504 square feet, when 6,875 square feet is required for interior lots, in the R-1 Single-Family Residential District. Variation Report Analysis: Address: 481 Edward Court Owner: Mohammed Makda, 8518 Major Avenue, Morton Grove, IL 60053 Petitioner: Trust First National Bank, 7757 W. Devon Avenue, Chicago, IL 60631 Case Number: 17-095-SUB-V Real Estate Index Number: 09-15-300-009-0000 Ward: #1, Alderman Mark Lysakowski Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 3 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 Edward Court is a local street Comprehensive Plan Residential – Traditional Single Family is the recommended use of the property Project Description The petitioner, Mohammed Makda, is proposing to subdivide a single lot in the R-1 Single-Family Residential District into four lots. The 25,999.93 square foot property has frontage on both Edward Court and Good Avenue and is currently unimproved. If subdivided, the petitioner proposes to construct four single-family homes, one on each lot. Each lot is proposed to be 45’ wide and have lot areas between 6,495.50 and 6,504.46 square feet. A lot width of 55’ and a lot area of 6,875 square feet is required for interior lots in the R-1 Single-Family Residential District, necessitating the need for lot width and area variations. 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 neighborhood consists of many poorly developed lots with homes in bad condition. The neighborhood needs new construction to enhance the appearance and economic value. Staff is not convinced that this presents a hardship for the petitioner, as the existing lot can easily be subdivided into two new lots that better fit the development characteristics of the community (larger, wider lots). The lots to the north and south of the subject lot appear to be 145’ by 90’. 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 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 4 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 if larger lots are required, they may be developed with oversized homes. By dividing the subject parcel into four lots, the homes built will be smaller and match the scale of the neighborhood. Staff would like to point out that while the lots in this area of the city are larger than most for single-family homes, they have in general not been developed with larger homes. Staff noted modest-sized homes in this area. 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 proposal is for one existing lot to be subdivided into four. While these lots will be smaller than those throughout the neighborhood, the petitioner has stated that the style of the homes proposed will fit in with the character of surrounding community. 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 the density is similar to the surrounding neighborhood and that the proposed homes will fit better within the neighborhood than two “mega” homes. Staff would again like to point out that the lots in this area are larger, with modest sized homes. The homes the petitioner is proposing do fit within the character of the surrounding neighborhood; however, the lot sizes do not. 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 while the lots themselves require zoning variations for width and area, the proposed homes will meet all setback, coverage, and height requirements for the R-1 Single-Family Residential Zoning District. 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 the proposed style, scale, and exterior material of the proposed homes will be in harmony with the existing homes in the neighborhood. Tentative and Final Plat of Subdivision Report Name of Subdivision: Misbah Subdivision Address: 481 Edward Court Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 5 Request: Approval of Tentative and Final Plat of Subdivision Total Acreage of Subdivision: 0.597 acres Lot Descriptions and Construction Plans: The petitioner’s Final Plat of Subdivision shows the existing 25,999.93 square-foot lot being subdivided into four lots with areas of 6,495.50 (Lot 1), 6,497.48 (Lot 2), 6504.46 (Lot 3), and 6,502.49 (Lot 4) square feet. The Final Plat of Subdivision does not show easements for utilities or drainage, nor does it show the required building lines for the zoning district. Recommendation: I recommend denial of the requested Tentative and Final Plat of Subdivision and Major Variations from Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow four new lots with widths of 45’, when 55’ is required, and lot areas ranging from 6,495 to 6,504 square feet, when 6,875 square feet is required for interior lots, in the R-1 Single-Family Residential District. While staff supports development of the lot, the proposal for four new homes on narrow lots is not in line with the character of the surrounding community. Staff would support the subdivision of the lot into two lots, with one having frontage on Edward Court and one having frontage on Good Avenue. These new lots would not need variations for lot width and area, as they would meet the minimum requirements for the R-1 Single- Family Residential District. Plan & Zoning Board Procedure: The Planning and Zoning Board may vote to recommend approval, approval with modifications, or disapproval. The City Council has final authority over the Final Plat of Subdivision and Major Variations. Chairman Szabo asked if the Board has further questions. No one responded. He asked if anyone in the audience is in favor, against, or has comments. The following resident came forward: o Pamela Warford 2530 Church (lived there since 1979; ½-acre lot) Ms. Warford noted the following concerns:  curious about address, and which streets the homes would face. Senior Planner Bye shared the site plan with Ms. Warford.  this neighborhood has gone through a lot of changes. There is a variety of ½-¾ acre lots; three homes were built on ½-acre lot next to her home after being subdivided.  to allow 45 ft. equals an 18% variance  disagrees with constructing four homes; prefers two homes as does Staff Board Member Hofherr stated he agrees with Ms. Warford in that many homes are built on larger lots and are older. Newer homes are also on large lots. The structure of the neighborhood would be disrupted based on what’s currently there. Some homes are boarded up, abandoned, and may be torn down – with larger homes forthcoming. He noted existing homes might also be up for sale soon. Board Member Hofherr stated he is in favor of two homes rather than four. Board Member Saletnik disagrees as the statements given are based on an aerial view. On other nearby streets, there are small homes and lots. He noted the point the Petitioner is making is that mega homes do not sell easily nowadays; smaller homes are desirable. Four homes will incur more property taxes to the City of Des Plaines. Board Member Saletnik commended Ms. Kociuba on the architectural plans, stating that architecturally, the scale and context is in keeping with the neighborhood. Chairman Szabo also complimented the Petitioner on the masonry homes. Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 6 Ms. Warford returned, was sworn in by Chairman Szabo, and advised she did not mean any disrespect to the architect. She noted the Comprehensive Plan allows for variety, large lots for single-family home dwellers. Board Member Saletnik stated diversity is what makes a community solid. The design will look no different than other homes. This neighborhood already has large and small lots/homes (with prices over $500,000). He supports the Petitioner. Ms. Kociuba stated the developer is creating small houses for affordability. Ms. Warford noted the flooding in the area. Ms. Kociuba advised an underground system would go toward the sewer. Mr. Makda, Petitioner/Builder, stated underground systems are prevalent now. Chairman Szabo asked if this system would be used if the proposal is approved. Mr. Makda advised it would. Board Member Catalano asked Staff if the lots across Good Avenue are also 45 ft. Senior Planner Bye stated she believes they are. Ms. Warford advised that the three houses west of her, that are on a subdivided ½-acre lot, have a detention pond (with a swale). She noted there are rules about impervious coverage. Chairman Szabo stated on the driveways, and perhaps even the patio, there could be an impervious surface so there won’t be standing water. Board Member Hofherr asked what the price points of the four homes would be. Mr. Makda advised – $400,000. Board Member Hofherr noted, depending on the area, larger homes are selling without a problem. Taxes might be the same for two homes vs. four. Larger homes might be built in this area as time goes on. Board Member Saletnik reiterated that variety fosters growth in a community. A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to recommend approval to City Council as presented. AYES: Saletnik, Catalano, Bader, Szabo NAYES: Hofherr, Schell ***MOTION CARRIED 4-2*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. OLD BUSINESS was moved up on the agenda. 1. Address: 943 Walter Avenue Case 17-089-V The petitioner is requesting a Major Variation to Sections 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a principal structure with a side-yard setback of 3’, when 5’ is required. PIN: 09-17-317-033-0000 Petitioner: Erik Kim, 943 Walter Avenue, Des Plaines, IL 60016 Owner: Erik Kim, 943 Walter Avenue, Des Plaines, IL 60016 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 7 Chairman Szabo swore in Erik Kim & Margaret Zhu, 943 Walter Avenue, Des Plaines, IL, Alexander McH. Memmen, Attorney, The Memmen Law Firm, LLC, 505 N. LaSalle Street, Suite 500, Chicago, IL, & Rex Jose, Architect, RLJ Design, 8054 S. Kimbark, Chicago, IL. Mr. Memmen stated the variance amounts to 2 ft. The existing garage is being removed and a pass-through is being built. Green space will be evident. If this is approved, the driveway wouldn’t have to be moved. This design will be efficient for the neighbors and owner. Board Member Saletnik asked if the large garage would be removed. Mr. Kim advised – yes. Board Member Saletnik commended Mr. Jose for his attractive architecture. Board Member Catalano asked if there would be a second garage door. Mr. Kim advised – yes. Senior Planner Bye stated there are revised plans; Mr. Memmen distributed same. Chairman Szabo asked if cars would be parked in the driveway behind the house. Mr. Kim advised – yes. Chairman Szabo asked if the Board has further questions. There were none. He then asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Major Variation to Sections 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a principal structure with a side-yard setback of 3’, when 5’ is required. Analysis: Address: 943 Walter Avenue Owners: Erik Kim, 943 Walter Avenue, Des Plaines, IL 60016 Petitioner: Erik Kim, 943 Walter Avenue, Des Plaines, IL 60016 Case Number: 17-089-V Real Estate Index Number: 09-17-317-033-0000 Ward: #3, Alderman Denise Rodd 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 Walter Avenue is a local street Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 8 Comprehensive Plan Residential – Traditional Single Family is the recommended use of the property Project Description The petitioner, Erik Kim, proposes to construct an addition requiring a Major Variation at 943 Walter Avenue. The property is approximately 9,340 square feet and is currently improved with a single-story, single- family detached home of 1,390 square feet and a detached garage of 788 square feet. The garage is accessed by a driveway that runs along the west side of the home. The proposed addition would be located on the west side of the house, over the existing driveway. The petitioner proposes a 12’2” by 22’2”, two -story addition that would be 3’ from the side lot line, when a 5’ setback is required. The first story of the addition would be an attached single-car garage that would have garage doors on the north and south facades so that a car could drive all the way through to the existing rear driveway, which would remain. The existing detached garage is proposed to be demolished. The second story of the addition would be the master bedroom, closet and bathroom. Staff would like to point out a few inconsistencies with the plans submitted. First, the rear elevation submitted shows the new addition, but not the additional garage door that would allow cars to pass through to the existing detached garage. Second, the homeowner has stated that the rear patio area would remain the same; however, the site plan submitted does not accurately reflect the patio shown on the plat of survey. It also appears that the existing driveway would need to be modified to fit the new garage doors proposed as part of the addition. Finally, the new addition is proposed to extend 12’2” off the side of the house. The existing setback from the west lot line is 14’10-3/4”. This means that the side-yard setback is actually 2’8-3/4”, not 3’, at the closest point to the lot line. Staff would also like clarification from the petitioner on the how far the eaves extend from the addition towards the property to west, and how the issue of the drainage will be addressed. The petitioner appeared before the Planning and Zoning Board on October 24, 2017, for review of the proposal. At that time, the petitioner proposed that the existing detached garage would remain, which would require an additional variation as only one garage is permitted. At the meeting, the board members asked the petitioner if he would be willing to remove the existing detached garage and he stated that he would. The application was continued to the November 14, 2017, Planning and Zoning Board meeting to give the petitioner time to revise his site plan to show the removal of the detached garage. Staff would like to point out that according to the revised site plan, the existing driveway and patio in Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 9 the rear of the home would remain. These areas must remain as-is; otherwise, Minor Variations for any changes may be 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 garage is not attached to the house and that the height of the ceiling and garage door opening is not high enough to accommodate a taller car, such as an SUV or pickup truck, creating a hardship as they would not be able to park their cars inside the garage. The petitioner has also stated that they would like an attached garage to protect the family and children from rain and snow. Due to budget constraints and timeline, it would be a financial burden to build the new attached garage on the east side of the house and that the zoning code only allows for one apron per lot (the petitioner would want to keep the existing detached garage and driveway). 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 applicant has stated that the house was built off-center with a narrow driveway. The petitioner proposes to put the two-story addition on this side of the house, over the existing driveway. The proposed new attached garage would have pass-through garage doors so that the homeowner can park cars in the rear of the lot and keep cars out-of-site from the street. 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 petitioner’s proposal is a result of the existing home and site conditions. The home was purchased with the detached garage in the rear and a driveway that approached this garage on the side of the house that is closest to the property line. 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 variation would deny the family the benefit and protection of an attached garage. Adhering to the zoning regulations would lengthen the construction project and cause unnecessary debris and hazards for the neighborhood to endure. It would also be financially unattainable due to the scope of the work. Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 10 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 the setback requested is the minimum needed to allow the single-car, attached garage and second-story addition to be built. 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 the neighborhood mostly consists of two-story, single- family residences with attached garages. However, staff would like to point out that while many of the homes in the area are two stories, nearly all have detached garages. Of the 20 houses on Walter Avenue between Second and Third Avenues, only 3 have attached garages and 17 have detached garages. The petitioner also stated a remodel of the existing home will raise the value of the property and the surrounding community, and potentially inspire others in the area to invest in their properties. Recommendation: I recommend denial of the Major Variation to Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a principal structure with a side-yard setback of 3’, when 5’ is required. Though staff would like to see the property improved, there is space on the east side of the house for an addition that does not encroach into the required 5’ setback. The proposed addition, with a 3’ setback, will create a situation where a two-story home is unevenly placed on one side of the lot, with plenty of room on the other. 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 variation. The City Council has final authority over the variations requested. Senior Planner Bye advised that now there will only be one/attached garage. The existing patio will remain as is at this time. Board Member Catalano asked if the slab on the garage is being removed. Mr. Kim replied it is. Chairman Szabo asked if anyone in the audience is in favor, against, or has comments. The following residents came forward and were sworn in: o Sean Massa 954 Walter (across the street) Mr. Massa welcomed the Petitioner and asked to see the new plans, as he would like to know exactly what is happening. Chairman Szabo advised City Council has the final say, and a recommendation would be provided from this Board. Senior Planner Bye added that this review is regarding the variance. o Michael Cosentino 936 Walter Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 11 Mr. Cosentino shared his concerns:  why is there a variance; why crowd the space? There is so much room on the other side.  parking – owner is a contractor; where will all the vehicles be parked?  that is a small foundation for a large house Chairman Szabo read a letter from Mary Candra, on behalf of neighbor Mary Pesche Scala. Comments include: o what is the roofing material? o agrees there is more room on the other side o build a two-car garage instead of one Mr. Memmen replied that the fact Mr. Kim is a contractor has no relevance. Regarding the variance, if there are two garages on the property, it would make sense to build on both sides. He and Mr. Jose noted the roof will be standing-seam metal. Mr. Jose advised the 12 inch-wide foundation will be filled (solid). He noted the new foundation would be dialed into the existing foundation. Chairman Szabo asked if there would be sound coming from the roof. Mr. Kim advised – no. Chairman Szabo asked if the Board has further questions. There were none. He asked if anyone in the audience is in favor or against this proposal. No one responded. Board Member Catalano reminded that Staff inquired about the eves. Mr. Jose advised the projection of the eves and gutter is 30 inches; within the 3 ft. setback; as you proceed south, the setback becomes larger. Chairman Szabo asked what type of builder or general contractor the owner is. Mr. Kim advised – he is going more into development. A motion was made by Board Member Catalano, seconded by Board Member Saletnik, to recommend approval as presented. AYES: Catalano, Saletnik, Bader, Hofherr, Szabo NAYES: Schell ***MOTION CARRIED 5-1*** Chairman Szabo advised a recommendation for approval would be provided to City Council. Back to… PUBLIC HEARING NEW BUSINESS The last item in this category was moved up on the agenda. 2. Address: 1017 Graceland Avenue Case 17-093-CU The petitioner is requesting a Conditional Use under Section 12-3-4 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Trade Contractors Establishment (a plumbing business) in the C-3 General Commercial District. PINs: 09-20-207-006-0000; 09-20-207-007-0000 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 12 Petitioner: Kevin Kuta, 425 W. Talcott Road, Park Ridge, IL 60068 Owner: Lisa Hutchison, 1500 Sandstone Drive, Unit 106, Wheeling, IL 60090 Chairman Szabo swore in Kevin Kuta, 425 W. Talcott Road, Park Ridge, IL who advised he is looking to move his business to Des Plaines, pending approval; then he will proceed with plans. He noted landscaping would be added as well as a gate; some trees will be removed. Board Member Saletnik asked: o what the operation is. Mr. Kuta stated it is a plumbing service company. Five employees meet in the morning then depart; some of the crew do not return and take their vans home. He noted the building is adequate regarding space. Equipment includes plumbing, fittings, etc. o if patrons come to the business. Mr. Kuta stated – not typically Chairman Szabo asked if Mr. Kuta performs new construction. Petitioner advised – he tries not to. Board Member Catalano asked if Petitioner is aware of Staff’s Conditions. Mr. Kuta advised he is, and stated everything would eventually be completed. He noted this has a permeable/pervious surface, and since a parking lot will be placed, water may build up. Chairman Szabo stated he is not sure of the wisdom of the pervious-surface Condition. It was noted there is no impact on City sewers currently. Mr. Kuta advised, after the lot is created, there would be a load for the sewers. Chairman Szabo stated this is not under the PZB’s purview. Board Member Saletnik stated if Petitioner installs a hard surface, the City should agree to landscaping. Mr. Kuta advised landscaping improvements are needed along with a facelift of the façade. Chairman Szabo asked when this property was occupied last. Owner, Lisa Hutchison, 1500 Sandstone Drive, Unit 106, Wheeling, IL came forward and was sworn in. She responded – in 2015. Board Member Hofherr asked: o about the number of vans. Mr. Kuta advised – there are presently five vans; three are not returned after work. o if there are five plumbers per shift, how many shifts are there? Petitioner advised – there is one shift o if Petitioner is included in the five (plumbers). Mr. Kuta advised – no Chairman Szabo 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 a Trade Contractors Establishment (a plumbing business) in the C-3 General Commercial District. Analysis: Address: 1017 Graceland Avenue Owner: Lisa Hutchison, 1500 Sandstone Drive, Unit 106, Wheeling, IL 60090 Petitioner: Kevin Kuta, 425 W. Talcott Road, Park Ridge, IL 60068 Case Number: 17-093-CU Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 13 Real Estate Index Numbers: 09-20-207-006-0000; 09-20-207-007-0000 Ward: #2, John Robinson Existing Zoning: C-3 General Commercial District Existing Land Use: Commercial (vacant at present) Surrounding Zoning: North: C-3 General Commercial District South: C-3 General Commercial District East: C-3 General Commercial District West: R-1 Single-Family Residential District Surrounding Land Use: North: Commercial South: Commercial East: Railroad; Commercial West: Residential Street Classification: Graceland Avenue is an arterial road Comprehensive Plan: The Comprehensive Plan designates the site as Community Commercial The petitioner, Kevin Kuta, has requested a Conditional Use Permit for a Trade Contractors Establishment at 1017 Graceland Avenue. The 14,970 square foot property is currently improved with a one- and two-story brick building with a partially-paved parking area to the south. The petitioner proposes to operate a plumbing business, Green Tech Plumbing, from the existing building and site. The company currently operates out of Park Ridge. The business has five plumbers per shift and is open 7:00am to 3:30pm Monday through Friday and 8:00am to 12:00pm on Saturdays. There is one office employee. No items will be sold or manufactured from the site. As part of the proposed Conditional Use, the petitioner plans to improve the site with the addition of a paved parking lot with 16 parking spaces, which is the minimum amount required per the Zoning Ordinance for the use. The parking spaces will be big enough to accommodate the vans used by the business. The petitioner proposes to install an 8-foot, chain link fence with screen netting along the east, west and south property lines and will also provide additional landscape screening in these areas. 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 regarding the proposed Conditional Use under Section 12-3-4 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Trade Contractors Establishment in the C-3 General Commercial District: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Trade Contractors Establishment is a Conditional Use in the C-3 General Commercial 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: Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 14 Comment: The 2007 Comprehensive Plan recommends a Community Commercial 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 Trade Contractors Establishment is a commercial use similar to those along the east side of Graceland Avenue on this block. The petitioner proposes to clean up the site by installing a new parking lot, fencing and landscape screening so as to improve the appearance of the lot and block. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The proposed Trade Contractors Establishment is a commercial use similar to those along the east side of Graceland Avenue on this block. The petitioner proposes to clean up the site by installing a new parking lot, fencing and landscape screening so as to improve the appearance of the lot and block. 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 Trade Contractors 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: Based on the plans submitted, the proposed Trade Contractors 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 Trade Contractors Establishment is not anticipated to create significant traffic or noise that could be detrimental to surrounding land uses. The petitioners’ plan of operation states that the hours of operation are 7:00am to 3:30pm Monday through Friday and 8:00am to 12:00pm on Saturdays. The largest vehicle used by the business is a van. 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 Trade Contractors Establishment is proposed to be located along an existing thoroughfare with commercial uses on the east side and residential uses on the west side. Based on Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 15 the plans submitted and the number of vehicles identified for the business, staff does not find evidence for potential interference with traffic patterns. The applicant has submitted a request for a waiver of the traffic study. 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 Trade Contractors Establishment would utilize an existing brick structure. 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: The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance. No variations are required. Recommendation: I recommend approval of the Conditional Use Permit for a Trade Contractors 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 Ordinance, subject to the condition listed below. The petitioner proposes to make significant improvements to site, that will improve the property and surrounding neighborhood. Condition: 1. The petitioner work with the City of Des Plaines Public Works & Engineering Department to ensure that the proposed new parking lot meets all stormwater management requirements. The Public Works & Engineering Department will require a drainage and grading plan by a professional engineer with an AutoCAD disk including state plane coordinates. Additionally, an IDOT permit will be required to connect the parking lot sewer to the combined sewer in the middle of Graceland Avenue. An MWRD WMO permit may also be required. 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 a Trade Contractors Establishment in the C-3 General Commercial District. The City Council has the final authority on the proposal. Chairman Szabo advised the Petitioner to consider installing an impervious-paving system. Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. No one responded. A motion was made by Board Member Schell, seconded by Board Member Hofherr, to recommend approval to City Council with Staff’s Conditions as presented. AYES: Schell, Hofherr, Bader, Catalano, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be provided to City Council. Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 16 3. Address: 1233 Webster Lane Case 17-094-V The petitioner is requesting Major Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required. PIN: 09-20-310-004-0000 Petitioner: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Owner: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Chairman Szabo swore in Anthony Danno & Kari Sroka, 1233 Webster Lane, Des Plaines, IL. Ms. Sroka advised they are proposing a shed attached to the garage, in line with current garage; will match siding and trim color. Board Member Catalano asked: o Staff what the allowable size of an accessory structure is. Senior Planner Bye responded – 150 ft. o if Petitioner has spoken to the neighbors. Mr. Danno advised they spoke to the neighbors on both sides, and they have no objections. o who built this. Mr. Danno advised – he did and is a pipe-fitter Chairman Szabo asked if there is a basement. Mr. Danno advised – there is not. Board Member Hofherr stated/asked: o there is a window on the upper level of the garage. Is this living quarters? Mr. Danno advised – no, it’s just a loft o if Petitioner has owned the house for roughly 6 months. Mr. Danno advised – yes Board Member Catalano asked what the dimensions of the shed are. Mr. Danno replied – 12’x21’, roughly. Board Member Saletnik asked if this is at the easement line – 10 ft. from end of lot. Mr. Danno stated it is. Board Member Hofherr asked: o if this was constructed without a permit. Mr. Danno apologized, stating he did not know a permit was required. Chairman Szabo stated a pipe fitter is not like a plumber. o if Petitioner was issued a citation. Mr. Danno stated – no. Board Member Catalano asked why Petitioner is here. Mr. Danno stated he was notified by the City. Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting Major Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required. Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 17 Analysis: Address: 1233 Webster Lane Owners: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Petitioner: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Case Number: 17-094-V Real Estate Index Number: 09-20-310-004-0000 Ward: #3, Alderman Denise Rodd 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 Webster Lane is a local street Comprehensive Plan Residential – Traditional Single Family is the recommended use of the property Project Description The petitioner, Anthony Danno, is requesting two variations for an addition to an existing detached garage at 1233 Webster Lane. The property is approximately 7,150 square feet and is currently improved with a two-story, single-family detached home with a footprint of 1,262 square feet and a detached garage of 539 square feet. The petitioner proposes a garage addition that puts the total garage area over what is permitted for a detached garage and that encroaches into the required 5’ side-yard setback. Please note that the proposed garage addition has already been constructed, without benefit of a permit. The addition extends 12’ off the rear of the existing detached garage and is 21’ wide, for a total of 252 square feet. The addition puts the total garage area at 791 square feet, when 720 square feet is the maximum permitted. Additionally, the garage addition has a setback of 4’6”, when a 5’ setback is required. Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 18 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 area the garage addition was built in is unusable space and not visible from the home. The plan to build this storage area came about after viewing the home and the condition the previous owners left the area, stating that it was severely overgrown with bushes and weeds and had a dilapidated storage area that was unsafe and unusable. The petitioner built the garage addition to blend with the existing detached garage. 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 area where the garage addition was built is unusable space. It is not visible from the home, the street or most of the other areas of the yard, and as a result, it would not be a safe place to have children playing. 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 petitioner has stated that they purchased the home in May 2017. They are aware of a second-story addition to the property from 2003. Staff would like to point out that this addition required a variation for front-yard setback. Additionally, the property received a variation for the setback of a new detached garage (the current garage) in 2007. This garage was to have a 4’ setback from the side property line; however, as the plat of survey shows, it was actually built with a 3’5” setback. 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 since the home does not have a basement, additional storage in the form of a garage addition was needed. The petitioner has stated that they would like an area to keep their personal items safe and protected, as other homes in the neighborhood do. 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: Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 19 Comment: The petitioner has stated that the variations requested are the minimum required in order to create the safe, protected area to store personal items. 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 the garage addition has been constructed to withstand weather conditions and to last a long time. The structure was built to match the existing detached garage so that it be visually appealing to anyone that can see it and was built in an area that very few neighbors can see. Recommendation: I recommend denial of the Major Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required. 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 advised the Petitioner to potentially install an impervious-paving system. Chairman Szabo noted the 10-ft. easement comment is an excellent point. Board Member Saletnik asked if Petitioner is just going along the existing building. Mr. Danno advised – yes. Senior Planner Bye asked if the two existing sheds would be removed. Mr. Danno stated – yes. Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. No one responded. Senior Planner Bye read a letter from neighbor, Stephen Houdek who resides at 1243 Webster Lane. Mr. Houdek is in support of the addition remaining. A motion was made by Board Member Schell, seconded by Board Member Catalano, to recommend approval to City Council with Staff’s Conditions as presented. AYES: Schell, Catalano, Hofherr, Bader, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be provided to City Council. CALENDAR A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to accept the 2018 Proposed PZB Calendar. On a voice vote, the motion carried unanimously. Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 20 ADJOURNMENT A motion was made by Board Member Catalano, seconded by Board Member Saletnik, to adjourn the meeting at 8:36 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners