03/13/2018Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
MARCH 13, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
March 13, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Bader, Catalano,Fowler, Hofherr, Saletnik Schell, Szabo
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
Gale Cerabona/Recording Secretary
Chairman Szabo called the meeting to order at 7:03 p.m. and read this evening’s cases. Roll call was
conducted.
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to approve the
minutes of February 27, 2018, as presented.
AYES: Bader, Fowler, Hofherr, Schell, Szabo
NAYES: None
ABSTAIN: Catalano, Saletnik
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
1. Address: 1405 Oxford Road Case 18-004-SUB-V
The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-5 of
Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of
three lots from a single lot in the R-1 Single Family Residential District, and a Subdivision Variation,
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 2
under Section 13-2-6 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow
for lot depths less than 125 feet.
PIN: 09-19-405-001-0000
Petitioner: Jason Hardy, Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016
Owner: Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016
Chairman Szabo swore in Jason Hardy, Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines,
IL, who advised the plan is to build three single-family residential homes. The first would be a
model home; all roughly 2,500-3,000 sq. ft. The lot depth is not 125 ft. which requires a subdivision
variation.
Chairman Szabo asked if Petitioner has spoken to the neighbors. Mr. Hardy advised he has, and
they support brand-new construction with a price point that would increase their property values.
Chairman Szabo asked if the Board has any questions. There was none. He asked Staff to provide
the Staff Report that Senior Planner Bye did:
Issue: The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-5
of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of
three lots from a single lot in the R-1 Single Family Residential District, and a Subdivision Variation,
under Section 13-2-6 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow
for lot depths less than 125 feet.
Variation Report
Analysis:
Address: 1405 Oxford Road
Owner: Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL
60016
Petitioner: Jason Hardy, Caan Homes, LLC, 70 S. Cumberland Parkway, Des
Plaines, IL 60016
Case Number: 18-004-SUB-V
Real Estate Index Number: 09-19-405-001-0000
Ward: #3, Alderman Denise Rodd
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 3
Existing Zoning R-1 Single-Family Residential
Existing Land Use Residential
Surrounding Zoning North: M-3 Special Manufacturing
South: R-1 Single-Family Residential
East: R-1 Single-Family Residential
West: R-1 Single-Family Residential
Surrounding Land Use North: Industrial
South: Residential
East: Residential
West: Residential
Street Classification The Comprehensive Plan designates Oxford Road as a local street
Comprehensive Plan Residential – Traditional Single Family is the recommended use
of the property
Project Description The applicant, Caan Homes, LLC, proposes to subdivide a single
lot in the R-1 Single-Family Residential District into three lots. The
existing 21,987 square-foot lot has a frontage on both Oxford
Road and Forest Avenue. If subdivided, the applicant is proposing
to construct a new single-family home facing Forest Avenue on
each lot. Lot 1 will have a width of a 70.00 feet and an area of
8,237 square feet, Lot 2 will have a width of 62.03 feet and an
area of 6,875 square feet, and Lot 3 will have a width of 60.35
feet and an area of 6,875 square feet.
All three lots meet the required area and width zoning
regulations for interior and corner lots in the R-1 Single-Family
Residential District, as listed in Section 12-7-2(J) of the Zoning
Ordinance. However, the City’s Subdivision Code (Section 13-2-
5(R)) requires lots to have a depth of at least 125 feet. The
proposed lots have depths between 109.40 and 115.61 feet and
do not meet this regulation. Per Section 13-2-6 of the Subdivision
Code, the Planning and Zoning Board has the authority to
recommend variations from subdivision regulations, so long as
the variations do not alter the requirements of the Zoning Code.
In this case, all other zoning regulations for the R-1 Single-Family
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 4
Residential District have been met and no other variations are
requested.
There is currently a single-family home and a detached garage on
the property. The petitioner proposes to tear down this home in
order to construct the three new ones. Redevelopment of this
property can aid in the revitalization of the neighborhood. Note
that one of the objectives for land use and development from the
2007 City of Des Plaines Comprehensive Plan is to protect the
integrity and high quality of single-family residential
neighborhoods throughout Des Plaines.
Subdivision Variation Findings
Subdivision Variation requests are subject to the standards set forth in Section 13-2-6(B) of the
City of Des Plaines Municipal Code. They are not subject to the standards set forth in Section 12-
3-6(H) of the Zoning Ordinance for Zoning Variations. In reviewing these standards, staff has the
following comments:
1. That there are no special circumstances or conditions affecting said property such that
the strict application of the provisions of this title would deprive the applicant of the
reasonable use of his land.
Comment: Despite the lots not being more than 125 feet deep, they still meet the
required lot widths and areas for corner and interior lots and can still be developed with
single-family homes that meet all required zoning regulations for the district, including
setbacks and building coverage. Denial of the Subdivision Variation would mean that the
property owner cannot develop the subject lot with three new homes, despite meeting
all zoning regulations. The existing lot was legally platted and at half an acre in size,
much larger than required by code.
2. That the variance is necessary for the preservation and enjoyment of a substantial
property right of the petitioner.
Comment: The petitioner proposes to develop three lots per all zoning regulations for
the R-1 Single-Family Residential District, and is not requesting to deviate from the
required lot widths and areas for corner and interior lots. Denial of the Subdivision
Variation would mean that the property owner cannot develop the subject lot, despite
meeting all zoning regulations. It appears that other lots through the neighborhood
have been developed on lots that have depths less than 125 feet, including the
following: 510 E. Oakton Street, 520 Lincoln Avenue, 583 Forest Avenue, and the
neighboring property at 515 Forest Avenue (see Attachment 6). Despite the lots not
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 5
being more than 125 feet deep, they can still be developed with single-family homes
that meet all required zoning regulations for the district.
3. That the granting of the variance will not be detrimental to the public welfare or
injurious to other property in the territory in which said property is situated.
Comment: The petitioner proposes to develop the lots with single-family homes, just as
the rest of the neighborhood has been developed. Despite the lots not being more than
125 feet deep, they can still be developed with single-family homes that meet all
required zoning regulations for the district, including setbacks and building coverage. As
the lot widths proposed are greater than the lot widths required for the zoning district,
from the street, the proposed lots will look no different than other lots throughout the
neighborhood. The lot cannot be subdivided in the opposite direction (two lots facing
Oxford Road), as the lots would not meet the minimum required lot width.
Final Plat of Subdivision Report
Name of Subdivision: Caan Homes Development Subdivision
Address: 1405 Oxford Road
Request: Approval of Tentative and Final Plat of Subdivision
Total Acreage of Subdivision: 21,987 square feet (0.50 acres)
Lot Descriptions and
Construction Plans: The petitioner’s Final Plat of Subdivision shows the existing
21,987 square-foot lot being subdivided into three lots with areas
of 8,237 square feet (Lot 1), 6,875 square feet (Lot 2), and 6,875
square feet (Lot 3). The Final Plat of Subdivision shows 5- and 10-
foot public utility easements along the side and rear property
lines of the lots. A 30-foot building line along the west property
line of Lot 1 and a 15-foot building along the front (north)
property lines of all lots are shown as well. These are original
subdivision regulations that still apply to the lots, even the case
of a re-subdivision. Please note that while the subdivision
regulation requires a 15-foot building setback along the front
property line, the Zoning Ordinance requires 25 feet. All future
homes constructed are required to abide by the more restrictive
regulation (25-foot setback).
Final Comments
Staff Recommendation: I recommend approval of the requested Final Plat of Subdivision and
Subdivision Variation from Section 13-2-6 of the Subdivision Regulations of the City of Des Plaines
Municipal Code to allow for the creation of three lots at 1405 Oxford Road with lot depths less
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 6
than 125 feet. Though a variation from the Subdivision Code is required for the lot depth, the
proposed lots still meet the required lot width and area for the R-1 Single-Family Residential
District.
Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to approve,
approve with modifications, or disapprove the Subdivision Variation. The Planning and Zoning
Board has final authority over the Subdivision Variation.
Board Member Hofherr asked Petitioner:
• when he expects to perform this project. Mr. Hardy advised they would break ground on
Lot 3 as soon as they receive approval.
• if the corner house would be removed. Mr. Hardy replied in the affirmative.
• if the house is occupied. Mr. Hardy replied it is not.
Board Member Catalano asked if Petitioner plans to live there. Mr. Hardy stated he does not.
Chairman Szabo asked if anyone in the audience is in favor or opposed to this proposal. No one
responded. Senior Planner Bye stated the final authority over the proposal is with City Council.
A motion was made by Board Member Schell, seconded by Board Member Catalano, to recommend
approval for a Tentative & Final Plat of Subdivision.
AYES: Bader, Catalano, Fowler, Hofherr, Saletnik Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
A motion was made by Board Member Schell, seconded by Board Member Hofherr, to recommend
approval for the Subdivision Variation.
AYES: Bader, Catalano, Fowler, Hofherr, Saletnik Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for these approvals would be submitted to City Council.
2. Address: 1700 Higgins Road Case 18-009-V
The petitioner is requesting a Standard Variation from Section 12-11-6(B) of the 1998 Des Plaines
Zoning Ordinance, as amended, to allow a monument sign with a setback of 10 feet from the front
property line, when 20 feet is required, based on the height of the sign (10 feet).
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 7
PINs: 09-33-310-004-0000; 09-33-309-007-0000
Petitioner: Michael A. Bigda, 601 Estes Avenue, Schaumburg, IL 60193
Owner: Mariner Higgins Centre LLC, 1700 W. Higgins Road, Des Plaines, IL 60018
Chairman Szabo swore in Michael A. Bigda, 601 Estes Avenue, Schaumburg, IL who advised he
represents the owner and sign company. He explained the sign is stone/granite. The request is
for a new modern sign with removal of the old. The heights is 10 ft.; existing base would be
used; polished aluminum and internally lit with LED lights.
Chairman Szabo stated it’s a shame the old sign is being removed because a granite sign is
attractive.
Board Member Fowler asked why the sign is being changed. Mr. Bigda advised – the owners feel
the look is outdated, and they want to attract new tenants.
Board Member Hofherr asked/commented:
• if the sign would be taller. Mr. Bigda stated yes, but not as wide.
• if the sign would be at ground level with landscaping. Mr. Bigda stated it would.
• that the current shrubbery is blocking the bottom line of the sign (referenced Page 10).
Mr. Bigda stated the sign won’t be as wide but more shrubbery would be allowed. He
will advise the owner not to have landscaping block the sign.
Chairman Szabo asked Staff to provide the Staff Report that Senior Planner Bye did:
Issue: The petitioner is requesting a Standard Variation from Section 12-11-6(B) of the 1998 Des
Plaines Zoning Ordinance, as amended, to allow a monument sign with a setback of 10 feet from
the front property line, when 20 feet is required, based on the height of the sign (10 feet).
Analysis:
Address: 1700 Higgins Road
Owners: Mariner Higgins Centre LLC, 1700 Higgins Road, Des Plaines, IL
60018
Petitioner: Michael Bigda, 601 Estes Avenue, Schaumburg, IL 60193
Case Number: 18-009-V
Real Estate Index Numbers: 09-33-310-004-0000; 09-33-309-007-0000
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 8
Ward: #6, Alderman Malcolm Chester
Existing Zoning: C-2 Limited Office Commercial
Existing Land Use: Office
Surrounding Zoning: North: Tollway; R-1 Single-Family Residential; MH-1 Mobile
Home Park
South: Village of Rosemont
East: C-2 Limited Office Commercial
West: C-2 Limited Office Commercial
Surrounding Land Use: North: Tollway; Residential
South: Residential
East: Park Space
West: Green Space/Unimproved
Street Classification: Higgins Road is a collector road
Comprehensive Plan: The Comprehensive Plan designates the site as Office
Project Description: The applicant, Michael Bigda, has requested a Standard Variation
for the setback of a new monument sign at 1700 Higgins Road.
The petitioner is proposing to replace the existing monument
sign for the office building with a new multi-tenant monument
sign in the same location. The proposed new sign is 10 feet wide
and 10 feet in height and can identify 6 tenants.
Typically, a 5-foot setback is required for monuments signs in
commercial and industrial zoning districts. However, if the sign is
between 5 and 10 feet in height, additional setbacks are
required. For a 10-foot tall sign, a setback of 20 feet is required
(5-foot setback, plus 3 feet for every foot above 5 feet in height).
The new monument sign is proposed for the same location as the
existing monument sign. Note, the sign is currently located in a
water main easement (see Attachments 4 and 5). The
Engineering Department has confirmed that it is ok for the new
sign to be located here, so long as the same foundation is used.
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 #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 9
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 pace of traffic on Higgins Road precludes
potential visitors from seeing the current sign. According to ownership, the lack of
visibility makes it difficult to attract and maintain tenants. Staff would like to point out
that because the site has already been developed, the sign cannot be pushed farther back
from the front property line, unless parking is eliminated (the site is already under-
parked). Even if this were possible, the speed of traffic on Higgins Road would make a sign
that far away difficult to see and read.
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 if the sign is required to be 20 feet from the
front property line, it will not be visible from Higgins Road. Additionally, because the site
has already been developed, the sign is pushed back as far as possible from the front
property line without encroaching into existing parking spaces. This creates a unique
physical condition where the sign cannot adhere to the setback regulation.
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 site and building are existing; the petitioner does not plan to make changes
to the building or site and proposes to put the sign in the same location as the existing
monument sign. The sign is designed in a manner that respects the current parking lot
layout and balances the signage needs of the property.
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 deprive ownership
from clear identification, which any business entity located on Higgins Road understands
as being paramount to operating success. Staff supports the installation of a new multi-
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 10
tenant monument sign that makes identification of the building and tenants easier for
motorists. The proposed sign is the same setback as the existing sign.
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 proposed sign allows the minimum measure
of relief. Because the site entry and parking areas have already been developed, the sign
cannot be placed any farther back from the front property line without encroaching into
existing parking spaces. The property owner proposes no changes to the site or building,
just a new monument sign, in the same location as the current one, for tenant
identification.
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 sign is in harmony with other signs in the
area. The sign would not hinder or obstruct vehicle street views. The plans have been
reviewed by the City’s Traffic Engineer who found no concerns with the proposed design
and location of the sign.
Recommendation: I recommend approval of the above-requested Standard Variation for a
monument sign with a setback of 10 feet in the C-2 Limited Office Commercial 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.
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 monument sign setback in the C-2 Limited Office Commercial District.
Coordinator Ainsworth added this could be approved with Condition #1 removing the words
“detached” and “in the rear”.
Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. No one
responded.
Case #18-004-SUB-V 1405 Oxford – Tentative,
Final Plat of Subdivision, & Variation
Case#18-009-V 1700 Higgins – Variation
March 13, 2018
Page 11
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend
approval to City Council for the sign variation.
AYES: Bader, Catalano,Fowler, Hofherr, Saletnik Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
OLD BUSINESS
There was no Old Business.
ADJOURNMENT
A motion was made by Board Member Schell, seconded by Board Member Catalano, to adjourn the
meeting at 7:23 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners