06/26/2018Case #18-047-V 395 W. Algonquin Road – Major Variation
Case #18-049-CU 1108 E Oakton St – Conditional Use Permit
Case #18-050-TA Citywide – Text Amendments
June 26, 2018
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
JUNE 26, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
June 26, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Bader, Fowler Hofherr, Saletnik, Schell, Szabo
ABSENT: Catalano
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
Patrick Ainsworth, Coord., Devel. Mgr./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
A motion was made by Board Member Fowler, seconded by Board Member Hofherr, to approve the
minutes of June 12, 2018, as presented.
AYES: Bader, Hofherr, Fowler, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING NEW BUSINESS
It was stated Case #3 would be moved up on the agenda.
3. Address: Citywide Case 18-050-TA
The City of Des Plaines is requesting a Text Amendment to the following sections of the 1998 Des
Plaines Zoning Ordinance, as amended: (i) Section 12-7-4.G, Manufacturing Districts Use Matrix,
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to rename “Auto Sales” to “Motor Vehicle Sales”, add “Commercial Motor Vehicle Sales and
Leasing” as a conditional use in the M-2 zoning district and add “Research, Testing and
Development Industries” as a permitted use in the M-2 zoning district; (ii) Section 12-9-7, Off
Street Parking Requirements, to rename “Automotive Sales Lots” to “Motor Vehicle Sales”, to
amend the off-street parking requirements for “Motor Vehicle Sales”, “Commercial Schools” and
“Colleges and Universities”, and to add off-street parking regulations for “Commercial Motor
Vehicle Sales and Leasing”; and (iii) Section 12-13-3, Definitions, to amend the definition term of
“Research and Development Industries”, to add definitions for “Commercial Schools” and
“Commercial Motor Vehicle Sales and Leasing” and to amend the definition of “Motor Vehicle
Sales”.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Coordinator Ainsworth stated they are modernizing the 20 year-old Zoning Code. A PowerPoint
presentation, current examples, and revisions were highlighted:
• Manufacturing Districts M-2 (largest manufacturing district)
o Research, Testing, & Development Industries as a permitted use in the M-2
o Distinguish between Motor Vehicle Sales and Commercial Motor Vehicle Sales &
Leasing
• Add Off-Street Parking Requirements for
o Motor Vehicle Sales/Commercial Motor Vehicle Sales & Leasing
o Commercial Schools
o Colleges or Universities
Board Member Hofherr suggested adding Motor in the 12-13-1 definitions. Coordinator
Ainsworth thanked him and will correct same.
Chairman Szabo asked if the Board has any questions. There were none. He asked Coordinator
Ainsworth to provide the Staff Report that Coordinator Ainsworth did:
Issue: The City of Des Plaines is requesting a Text Amendment to the following sections of the
1998 Des Plaines Zoning Ordinance, as amended: (i) Section 12-7-4.G, Manufacturing Districts Use
Matrix, to rename “Auto Sales” to “Motor Vehicle Sales”, add “Commercial Motor Vehicle Sales
and Leasing” as a conditional use in the M-2 zoning district and add “Research, Testing and
Development Industries” as a permitted use in the M-2 zoning district; (ii) Section 12-9-7, Off
Street Parking Requirements, to rename “Automotive Sales Lots” to “Motor Vehicle Sales”, to
amend the off-street parking requirements for “Motor Vehicle Sales”, “Commercial Schools” and
“Colleges and Universities”, and to add off-street parking regulations for “Commercial Motor
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Case #18-050-TA Citywide – Text Amendments
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Vehicle Sales and Leasing”; and (iii) Section 12-13-3, Definitions, to amend the definition term of
“Research and Development Industries”, to add definitions for “Commercial Schools” and
“Commercial Motor Vehicle Sales and Leasing” and to amend the definition of “Motor Vehicle
Sales”.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #18-050-TA
Project Description: The City of Des Plaines is proposing several text amendments to
the Des Plaines Zoning Ordinance which are as follows:
• Adding the land use of “Research, Testing and Development
Industries” as a permitted use in the M-2 zoning district;
• Renaming the land use of “Auto Sales” to “Motor Vehicle
Sales” in the Manufacturing Districts Use Matrix
• Adding the land use of “Commercial Motor Vehicle Sales and
Leasing” as a conditional use in the M-2 zoning district;
• Conducting the following changes to the Off-Street Parking
Requirements section:
o Renaming the land use of “Auto Sales” to “Motor Vehicle
Sales”;
o Amending the off-street parking requirement for “Motor
Vehicle Sales”;
o Adding a new off-street parking requirement for
“Commercial Vehicle Sales and Leasing”;
o Amending off-street parking regulations for “Commercial
Schools”;
o Amending off-street parking regulations for “Colleges
and Universities”; and
• Amending or Adding the following terms to the Definition
section of the Zoning Ordinance:
o Adding “Commercial Schools”;
o Adding “Commercial Motor Vehicle Sales and Leasing”;
and
o Amending “Motor Vehicle Sales”.
Text Amendment for “Research, Testing and Development Industries”
Currently, Zoning Ordinance Section 12-7-4.G, Manufacturing Districts Use Matrix contains a land
use called, “Research, Testing and Development Industries” which is permitted in the M-1 and M-
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3 districts, but not the M-2 zoning district. Staff is requesting to add this land use as a permitted
use in the M-2 General Manufacturing zoning district. The proposed amendment to the
Manufacturing District Use Matrix is as follows:
12-7-4.G: MANUFACTURING DISTRICTS USE MATRIX
Add:
Uses M-1 M-2 M-3
Research, Testing and
Development Industries P P P
P = Permitted use
C = Conditional use permit required
Staff finds that this text amendment will help to enhance the M-2 zoning district, the largest
manufacturing district by area in the City, by offering a mix of uses to fill the available
manufacturing spaces. This type of land use assists with attracting research and development-
based businesses that are involved and complements advanced manufacturing. The current
definition for this land use and the proposed addition of the word, “Testing” is provided below:
12-13-1 DEFINITIONS:
Amend:
RESEARCH, TESTING AND DEVELOPMENT INDUSTRIES: A building, property, or structure
in which are located facilities for scientific research, investigation, testing, or
experimentation, but not facilities for the manufacture or sale of products, except as
incidental to the main purpose of the building, property or structure. "Research and
development industries" shall not include any use that is otherwise listed specifically in a
zoning district as a permitted or conditional use.
Staff is requesting a minor amendment to the definition of this land use to include “Testing” in
the name of the use. This amendment will result in a consistency of terminology found
throughout the Zoning Ordinance.
Furthermore, there is a company already located within the M-2 zoning district, Scientific Device
Laboratory, located at 411 E. Jarvis Avenue, which has been operating a Research, Testing and
Development Industry-based business out of this facility since 1994. Under the current zoning,
this business is considered a legal non-conforming operation. With the proposed text
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amendment, the business will be brought into conformity and will also allow future research and
development type businesses to operate in the M-2 zoning district.
Text Amendments Involving the Land Use of “Auto Sales”
The next Zoning Ordinance text amendment involves a cleanup effort throughout the Zoning
Ordinance involving “Auto Sales”, “Automotive Sales Lots” and “Motor Vehicle Sales”. Essentially,
there are several different terms used throughout the Zoning Ordinance for the same land use
and the proposed text amendments will centralize these terms into one. Maintaining these terms
as-is can create clarification and enforcement issues. The proposed amendments are shown
below:
12-7-4.G: MANUFACTURING DISTRICTS USE MATRIX
Add/Amend:
Uses M-1 M-2 M-3
Auto Sales
Motor Vehicle Sales
P
Commercial Motor Vehicle
Sales and Leasing
C
P = Permitted use
C = Conditional use permit required
12-9-7: OFF STREET PARKING REQUIREMENTS
Add/Amend:
Commercial Uses:
Automotive Sales
Lots
Motor Vehicle
Sales
1 space for every 200 square feet of gross floor area, plus 1 space
for every 10 vehicle display spaces (required off street parking
spaces cannot be occupied by motor vehicles for sale)
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Commercial
Motor Vehicle
Sales and Leasing
1 space for every 400 square feet of gross floor area, plus 1 space
for every 10 vehicle display spaces (required off street parking
spaces cannot be occupied by commercial motor
vehicles/equipment for sale or for lease)
12-13-1 DEFINITIONS:
Amend/Add:
COMMERCIAL VEHICLE SALES AND LEASING: An establishment, the principal use or
purpose of which is the sale or rental of multi-passenger buses and limousines, large
trucks, construction or agricultural equipment, aircraft, or similar large vehicles and
vehicular equipment. "Commercial Motor Vehicle Sales and Leasing” may include
accessory car wash, auto detailing, body and service repair areas all of which may only
be conducted within the primary building or structure. “Commercial Motor Vehicle
Sales" shall not include any use otherwise listed specifically in a zoning district as a
permitted or conditional use. The display of motor vehicles for sale or for lease shall be
allowed in all required yards but may not be in conflict with other provisions of this
Article.
MOTOR VEHICLE SALES: An establishment, the principal use or purpose of which is the sale
of motorized vehicles, including, but not limited to, the sale of automobiles, personal
trucks, recreation vehicles, snowmobiles, boats, and motorcycles. "Motor Vehicle Sales"
shall include accessory car wash, auto detailing, body and service repair areas all of which
must take place within the primary building or structure. "Motor vehicle sales" shall not
include “Commercial Motor Vehicle Sales” or any use otherwise listed specifically in a
zoning district as a permitted or conditional use. The display of motor vehicles for sale
shall be allowed in all required yards but may not be in conflict with other provisions of
this Article.
The goal of the above amendments is to unify all of the land uses that involve motor vehicle sales
and to add a land use that is not specifically covered in the current Zoning Ordinance, the sale and
lease of large-scale/commercial vehicles. These amendments will both assist with enhancing our
commercial and manufacturing zoning districts as well as clarify several aspects for motor vehicle
sales. However, commercial vehicle sales and leasing will be a conditional use in the M-2 zoning
district which will allow for a thorough review process.
Text Amendment for “Commercial Schools”
Continuing with the Zoning Ordinance cleanup efforts, the land use of “Commercial Schools” is
identified in the Ordinance, but the Zoning Ordinance does not currently define this term.
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Moreover, the land use term found in the commercial use matrix does not match the land use
found in the off-street parking requirement section. As such, the text amendments below are to
assist with unifying and updating our Zoning Ordinance for this specific land use.
12-9-7: OFF STREET PARKING REQUIREMENTS
Amend:
Trade or
Commercial
Schools
1 space for employee, plus 1 space for each 3 4 students. “Student
occupancy” is to be defined as the maximum occupancy of the
room or rooms used for school purposes as determined by the
zoning administrator
12-13-1 DEFINITIONS:
Add:
COMMERCIAL SCHOOL: An establishment, the principal use or purpose of which is
teaching the skills needed to perform a particular professional job or trade including, but
not limited to, schools of construction or building trade, cosmetology, cooking, motor
vehicle repair, computer training facilities, vocational schools, administrative business
training facilities and similar fields. "Commercial Schools" do not include any use
otherwise listed specifically in a zoning district as a permitted or conditional use.
Text Amendment for “Colleges and Universities”
Another proposed Zoning Ordinance amendment involves the parking requirements associated
with “Colleges and Universities”. Staff recommends a reduction in the required off-street parking
requirement for colleges and universities as the City is well connected with alternative
transportation options including commuter rail and bus services. This text amendment will assist
with the City of Des Plaines’ Strategic Plan with regards to attracting a higher learning institution.
Strategic Plan Strategy 3 Action #4 is stated as follows:
Strategy 3 – Corridors and Districts: Designate corridors and districts to differentiate and
highlight
uses and unique attractions.
Action 4. Attract an institution of higher learning.
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If the intent is to attract a higher learning institution, then the City should amend the off-street
parking requirements and consider the existing transportation network and our fully built-out
development status in order to not create an undue burden on a future college or university.
The amended parking regulation is as follows:
12-9-7 OFF STREET PARKING REQUIREMENTS:
Amend as follows:
Colleges or Universities 1 space per classroom, plus 1 space for every 200 square feet devoted to
offices, plus 1 space for every 6 8 students based on maximum
enrollment
Standards for Zoning Ordinance Text Amendment:
To analyze this text amendment request, the standards for amendments contained in Section 12-
3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of
the comprehensive plan, as adopted and amended from time to time by the city council;
The 2007 Comprehensive Plan contains an Implementation Goal and Objective which states
the following:
GOAL:
Amend and enforce City Ordinances, as appropriate to support the purposes
of the Plan.
OBJECTIVE:
a. Revise the City’s zoning ordinance, so as to plan for and implement
redevelopment in neighborhoods, commercial corridors, and the
industrial sector.
This Comprehensive Plan section applies to all of the proposed text amendments. The
amendment of adding “Research, Testing and Development Industries” to the M-2 zoning
district assists with enhancing the M-2 zoning district (the largest manufacturing district) and
brings at least one business into conformity. The unification of “Auto Sales/Motor Vehicle
Sales” and the addition of “Commercial Vehicle Sales and Leasing” assists with streamlining and
clarifying our Zoning Ordinance. The addition of “Commercial Schools” definition further
enhances our Zoning Ordinance in terms of providing clarity and enforcement with this
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particular land use. Finally, the modification for “Colleges and Universities” helps to advance
the Des Plaines Strategic Plan and to update our regulations based on the context of the City.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
The proposed text amendments help to modernize the Zoning Ordinance and ensure the
proposed amendments are compatible with the overall character of existing development. The
unification of “Motor Vehicle Sales’ will assist the City with ensuring that such land uses are
compatible with current conditions. The addition of “Commercial Motor Vehicle Sales and
Leasing” as a conditional use in the M-2 allows for an increased variety of land uses in the M-
2, but having this as a conditional use help to ensure compatibility with existing development.
The amendments and additions to “Commercial Schools” and “Colleges and Universities”
continue to ensure compatibility with current conditions of the City.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
All proposed amendments are not anticipated to impact public facilities and available services.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
All proposed amendments will not have an adverse effect on property values throughout the
City. There are several mechanisms to control any potential impacts such as assigning land
uses as Conditional Uses and other established ordinances to control potential hazards.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendment to add “Research, Testing and Development Industries” to the
M-2 zoning district enhances this district and reflects responsible standards. There is a business
in the M-2 zoning district that operates under this land use, but it is not in compliance under
the current Zoning Ordinance. This text amendment will allow the business to be brought into
conformity. Combining and clarifying the land use of “Motor Vehicle Sales” will help the City
with developing and handling such businesses responsibly. There were several different terms
referring to one land use scattered throughout the Zoning Ordinance and this could lead to
confusion and enforcement issues. Additionally, the introduction of “Commercial Vehicle Sales
and Leasing” as a conditional use in the M-2 zoning district will require future businesses to go
through a vetting process which will ensure responsible development. The clarifications for
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“Commercial Schools” and “Colleges and Universities” assist with ensuring that our Ordinances
are updated, defined and reflective of the City’s current conditions.
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments to the 1998 Des Plaines Zoning Ordinance, as
amended: (i) Section 12-7-4.G, Manufacturing Districts Use Matrix, to rename “Auto Sales” to
“Motor Vehicle Sales”, add “Commercial Motor Vehicle Sales and Leasing” as a conditional use in
the M-2 zoning district and add “Research, Testing and Development Industries” as a permitted
use in the M-2 zoning district; (ii) Section 12-9-7, Off Street Parking Requirements, to rename
“Automotive Sales Lots” to “Motor Vehicle Sales”, to amend the off-street parking requirements
for “Motor Vehicle Sales”, “Commercial Schools” and “Colleges and Universities”, and to add off-
street parking regulations for “Commercial Motor Vehicle Sales and Leasing”; and (iii) Section 12-
13-3, Definitions, to amend the definition term of “Research and Development Industries”, to add
definitions for “Commercial Schools” and “Commercial Motor Vehicle Sales and Leasing” and to
amend the definition of “Motor Vehicle Sales”.
Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7.D.3 of the Zoning Ordinance,
the Planning and Zoning Board may vote to recommend approval, approval with modifications, or
disapproval. The City Council has final authority over the Text Amendments.
Chairman Szabo asked if anyone in the audience is in favor or against this proposal. No one
responded.
A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to recommend
approval to City Council as presented.
AYES: Hofherr, Fowler, Bader, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
Coordinator Ainsworth thanked Nancy Fawakhiri, Intern, for all of her research and diligence.
1. Address: 395 W. Algonquin Road Case 18-047-V
The petitioner is requesting Major Variations from Section 12-11-6(B) of the 1998 Des Plaines
Zoning Code, as amended, to allow an electronic message board to be located closer than 250
feet from a residence in the R-1 Single-Family Residential District, and to allow a monument sign
with a setback of 8 feet from the front property line, instead of not less than 20 feet, based on a
sign height of 10 feet.
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PINs: 08-24-101-007-0000; 08-24-301-018-0000; 08-24-400-020-0000; 08-24-400-020-8001;
08-24-400-020-8002
Petitioner: Dan Malartsik, Mount Prospect Park District, 1000 W. Central Road, Mount Prospect,
IL 60056
Owner: Mount Prospect Park District, 1000 W. Central Road, Mount Prospect, IL 60056
Chairman Szabo swore in Brian Taylor, Mount Prospect Park District, 1000 W. Central Road,
Mount Prospect, IL & Jeff Barmueller, North Shore Sign Company. Mr. Taylor advised they are
proposing a new monument sign with electronic message board in the same location as the
existing monument sign. Mr. Barmueller distributed a new rendering, which shows a stone base.
Chairman Szabo asked if the Board has any questions.
Board Member Saletnik asked what the footprint of the stone base is. Mr. Taylor responded – the
pole structure is currently in place; adding a base; landscaping already there.
Chairman Szabo asked Staff to provide the Staff Report that Senior Planner Bye did:
Issue: The petitioner is requesting Major Variations from Section 12-11-6(B) of the 1998 Des
Plaines Zoning Code, as amended, to allow an electronic message board to be located closer than
250 feet from a residence in the R-1 Single-Family Residential District, and to allow a monument
sign with a setback of 8 feet from the front property line, instead of not less than 20 feet, based
on a sign height of 10 feet.
Analysis:
Address: 395 W. Algonquin Road
Owners: Mount Prospect Park District, 1000 W. Central Road, Mount
Prospect, IL 60056
Petitioner: Dan Malartsik, Mount Prospect Park District, 1000 W. Central
Road, Mount Prospect, IL 60056
Case Number: 18-047-V
Real Estate Index Numbers: 08-24-101-007-0000; 08-24-301-018-0000; 08-24-400-020-0000;
08-24-400-020-8001; 08-24-400-020-8002
Ward: #8, Alderman Michael Charewicz
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Existing Zoning: R-1 Single-Family Residential District
Existing Land Use: Park & Conservatory
Surrounding Zoning: North: R-1 Single-Family Residential District
South: R-1 Single-Family Residential District
East: R-1 Single-Family Residential District
West: R-1 Single-Family Residential District
Surrounding Land Use: North: Residential
South: Residential
East: Residential
West: Residential
Street Classification: Algonquin Road is a collector street
Comprehensive Plan: The Comprehensive Plan designates the site Parks & Open Space
Project Description: The applicant, Dan Malartsik of the Mount Prospect Park District,
has requested Major Variations in order to install a monument
sign with an electronic message board (EMB) at Friendship Park
Conservatory. The proposed new sign will replace an existing
monument sign at the site entrance.
The new monument sign is proposed to be 10 feet tall and 8 feet
2 inches wide. A decorative aluminum curved rooftop is
proposed for the top of the sign that is 11 feet wide. The total
area of the sign face is 60 square feet. The bottom 50% of the
sign (30 square feet) will be the EMB.
The sign meets the maximum permitted area and height for
monument signs on a lot of this size; however, a variation is
required for the setback of the sign from the front property line.
The sign is proposed to be in the same location as the existing
monument sign and will be approximately 8 feet from the front
lot line. Typically, a 5-foot setback is required for monument
signs; however, if the sign is between 5 feet 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). As a result, a setback variation is required
as the sign is proposed to be 8 feet from the front property line,
not 20 feet.
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A second variation is requested for the sign’s distance from a
residence. EMBs may be located no closer than 250’ from a
residence in the R-1, R-2 and R-3 zoning districts. The EMB is
proposed to be located 137’ from the nearest residence, a single-
family home on the north side of Algonquin (see Attachment 5).
The proposed sign will be placed perpendicular to Algonquin
Road so that there is no direct glare into the residences across
the street. Note that if approved, the EMB is required to meet all
performance standards identified in Section 12-11-6(B) of the
City’s Sign Code. These standards include how often the EMB
copy may change (not more than once every 10 seconds) and
how bright the EMB may be (500 nits at the sign face during
nighttime and low light conditions and 5,000 nits during daytime
hours).
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, the
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 new monument sign is proposed for the same location as the current
monument sign and will have the same 8-foot setback. The petitioner has stated that the
existing sign, in its current location, can be difficult to see from Algonquin Road as a result
of landscaping in the area. Pushing the sign back any farther on the property would
decrease visibility from the road. Additionally, the park entrance is directly adjacent to a
residential neighborhood; there is no appropriate location for the EMB that would be 250
feet from all residences while still visible from Algonquin Road. Allowing the EMB will help
visitors identify the park at an adequate distance, since the park improvements are set
back from the road.
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 and 250 feet from the nearest residential property, the sign will not
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be visible to those traveling on Algonquin Road. The existing landscaping and trees would
shield and block the sign from view. Additionally, increasing the setback to 20 feet from
the front property line would have a negligible effect on the impact the EMB may have
on the nearby residences.
Algonquin Road contains one travel lane in each direction; allowing the EMB in the
proposed location will help motorists identify the park at a reasonable distance while still
respecting the fact that it is located near residential neighborhoods.
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: As mentioned above, current landscaping in the area would preclude visitors
from seeing the sign if it were to be setback 20 feet from the front property line. There is
no appropriate location on the property that is visible from Algonquin Road and also at
least 250 feet away from the closest residence.
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 deprive Friendship
Park Conservatory of proper identification of the site and will prevent them from
communicating important public information to residents. Additionally, the petitioner has
stated that based on feedback the park has received, visitors are having a hard time
finding the facility with the current sign. Setting the sign back further on the property will
only exacerbate the situation.
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. If the sign were to setback any farther than the proposed 8 feet, it would not be
legible from Algonquin Road and defeat the purpose of a sign. The proposed location
allows the sign to be easily viewed by visitors and potential visitors, while at the same
time not being disturbing to the nearby residences. The sign is proposed to be situated
perpendicular to the road so as to prevent direct glare into the residences across the
street.
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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 proposed new sign complements the site and neighborhood and meets all
other provisions of the Zoning Ordinance, other than the setback requirements. The sign
would enhance visibility, improve public wayfinding, and reduce potential traffic concerns
in front of the facility, while at the same time providing event and community
information. Additionally, the new sign is required to meet all performance standards as
outlined in Section 12-11-6(B) of the Zoning Ordinance.
Recommendation: I recommend approval of the Major Variations to allow a monument sign with
a setback of 8 feet, when 20 is required, and an EMB with a setback of 137 feet from the nearest
residential property, when 250 feet is required, at 395 W. Algonquin Road, 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(G) of the Zoning Ordinance (Major
Variations) the Planning and Zoning Board has the authority to recommend the City Council
approve, approve subject to conditions, or deny the above-mentioned Major Variations at 395 W.
Algonquin Road.
Chairman Szabo asked if residents inquired as to what is being done. Mr. Taylor responded –
yes, we explained same to a resident prior to this meeting.
Board member Schell asked if everyone has been noticed (per standard procedure). Mr.
Barmueller replied – yes.
A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend
approval to City Council as presented.
AYES: Saletnik, Hofherr, Bader, Fowler, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be submitted to City Council.
2. Address: 1108 E. Oakton Street Case 18-049-CU
The petitioner is requesting a Conditional Use under Section 12-11-8 of the 1998 Des Plaines
Zoning Ordinance, as amended, for a Localized Alternative Sign Regulation to allow for multiple
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Case #18-049-CU 1108 E Oakton St – Conditional Use Permit
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Page 16
freestanding, wall, and directional signs for the Orchards at O’Hare commercial center in the C-3
General Commercial District.
PINs: 09-20-305-048-0000
Petitioner: George Jarrett, P.O. Box 3808, 200 Holleder Parkway, Rochester, NY 14615
Owner: George Jarrett, P.O. Box 3808, 200 Holleder Parkway, Rochester, NY 14615
Chairman Szabo swore in George Jarrett, P.O. Box 3808, 200 Holleder Parkway, Rochester, NY,
who advised they are reconstructing Car-X (after the fire occurred); footprint remains the same;
brick/color will match existing.
Chairman Szabo asked if Petitioner has any problem with the Conditions. Mr. Jarrett advised he
does not.
Board Member Hofherr asked:
• regarding parking, if the requirement has been resolved to the west side of building. Mr.
Jarrett stated his Counsel is reviewing same. Senior Planner Bye advised clarification is
needed. Mr. Jarrett did not believe that Car-X was using the parking spaces to the west of
the building (on the Jewel lot).
• if Petitioner is aware of Conditions – especially landscaping encroaching on the sidewalk.
Mr. Jarrett advised he is, and that is being corrected.
Board Member Saletnik asked how long Car-X was there prior to the fire. Mr. Jarrett stated he
does not know. He noted there have been no issues with parking. Monro (without a franchisee)
will move forward as owner and operator. Senior Planner Bye stated Staff is also not aware of any
past parking issues.
Board Member Hofherr asked if Petitioner would operate under Monro or Car-X. Mr. Jarrett
replied – Car-X.
Chairman Szabo asked Staff to present the Staff Report that Senior Planner Bye did:
Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(F)3 of the 1998 Des
Plaines Zoning Ordinance, as amended, to allow auto service repair in the C-3 zoning district.
Analysis:
Address: 1108 E. Oakton Street
Owners: George Jarrett, P.O. Box 3808, 200 Holleder Parkway,
Rochester, NY 14615
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Petitioner: George Jarrett, P.O. Box 3808, 200 Holleder Parkway,
Rochester, NY 14615
Case Number: 18-049-CU
Real Estate Index Number: 09-20-305-048-0000
Ward: #5, Alderman Carla Brookman
Existing Zoning: C-3 General Commercial
Existing Land Use: Commercial (currently vacant as a result of a fire)
Surrounding Zoning: North: C-3 General Commercial
South: C-4 Regional Shopping
East: C-3 General Commercial
West: C-3 General Commercial
Surrounding Land Use: North: Commercial
South: Commercial
East: Commercial
West: Commercial
Street Classification: Oakton Street is a collector street
Comprehensive Plan: The Comprehensive Plan designates the site as Community
Commercial
Project Description: The petitioner, George Jarrett of Monro Muffler Brake, Inc., has
requested a Conditional Use Permit to operate an auto service
repair facility at 1108 E. Oakton Street. The site and building were
previously utilized by Car-X, the same proposed tenant; however,
the building was destroyed by a fire in December 2017 and has
since been vacant. Auto service repair requires a Conditional Use
Permit in the C-3 General Commercial District. As Car-X had not
previously received a Conditional Use Permit, one is now
required, even to re-establish the use exactly as it was.
The rear of the building was demolished as a result of the fire and
will be completely replaced; however, the front of the building
will be renovated and restored. The proposed new rear building
will be a single story with a primarily brick façade and have the
same footprint as the previous structure. There will be eight total
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service bays and 400 square feet of retail space after
construction. Note that a fire suppression system will be required
throughout the entire building as part of the rebuild.
Auto repair facilities are required to be parked with two parking
spaces per service bay, plus one space for every 200 square feet
of accessory retail. The proposed Car-X needs 18 parking spaces
based on these requirements. Previously, the site only had 14
parking spaces; however, the site plan has been modified to
accommodate 19 parking spaces in order to meet the minimum
required. Note that a portion of the green space in the rear of the
property will be paved for additional parking.
Staff would like clarification from the petitioner on the parking
spaces that are perpendicular to the building on the west side of
the lot. Are these parking spaces utilized by Car-X? These parking
spaces are not located on the subject property. If they are being
utilized by Car-X, is there an easement or agreement for their
use?
Car-X will be open from 7:00am to 7:00pm, Monday through
Saturday. Car-X sells tires and performs light automotive repair.
There will be no body repair as part of the operations.
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: Auto service repair is a Conditional Use, as specified in Section 12-7-3(K) of the 1998
City of Des Plaines Zoning Ordinance, as amended, for properties in the C-3 General Commercial
District.
B. The proposed Conditional Use is in accordance with the objectives of the City’s
Comprehensive Plan:
Comment: The proposed use of the site is Community Commercial. Community Commercial
includes commercial areas providing neighborhood- and community-based retail goods and
services located at major intersections in commercial districts. These commercial areas serve
surrounding neighborhood residents as well as consumers from outside the City. The re-
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establishment of the auto service repair use at the subject property falls within the Community
Commercial use category.
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 building and site were previously used by Car-X for auto service repair. The
petitioner proposes to rebuild and restore the structure, for the same tenant and use, as it was
destroyed by a fire last December. The structure will have the same footprint as the previous
building, as well as similar brick elevations. The new building will blend well with and enhance the
surrounding commercial uses and structures.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: The proposed auto service repair facility is not hazardous or disturbing to the
neighboring uses. The proposed building will have the same footprint as the previous building,
will be the same height, and will have the same number of service bays. The auto service repair
use is consistent with and complementary to other commercial uses in the area. The use will not
change with the rebuild; the Conditional Use Permit is required simply because Car-X did not
previously have one.
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: The previous auto service repair facility was adequately served by essential public
facilities and services. The proposed new building will also be adequately served by essential
public facilities and 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 auto service repair facility would not create a burden on public facilities
nor would it be a detriment to the economic well-being of the community. There is no anticipated
increase in demand for public facilities as a result of the Conditional Use Permit; the auto repair
operations will stay the same as they previously were prior to the December 2017 fire.
G. The proposed Conditional Use does not involve uses, activities, processes, materials,
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equipment and conditions of operation that will be detrimental to any persons, property, or
the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or
odors:
Comment: The proposed auto service repair facility is not anticipated to create additional traffic
compared to the previous auto service repair facility. The same number of service bays and types
of operations are proposed.
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 auto service repair facility will not create an interference with traffic on
surrounding public thoroughfares. There will be no increased vehicular activity compared to when
Car-X was operating from the site prior to last December, when the structure burned down.
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 auto service repair facility would not cause the destruction, loss, or
damage of any natural, scenic or historic features of major importance. The building and site were
already developed for the use; the petitioner seeks to rebuild the structure, with the same
footprint as the original building, as a result of a fire that destroyed it.
J. The proposed Conditional Use complies with all additional regulations in the Zoning
Ordinance specific to the Conditional Use requested:
Comment: The proposed auto service repair facility meets all other requirements of the Zoning
Ordinance for the C-3 General Commercial District. No variations or additional actions are
requested beyond the Conditional Use Permit. Note that 18 parking spaces are required per code
for the use (two per bay, for 16 spaces, plus two additional spaces for the 400 square feet of retail
space); 19 parking spaces are proposed for the site.
Recommendation: I recommend approval of the Conditional Use Permit for auto service repair
1108 E. Oakton Street, based on a review of the information presented by the applicant and the
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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 following conditions:
Conditions of Approval:
1. Maintain the landscaped area along Oakton Street at the front of the site;
however, note that the bushes need significant trimming so that they do not
encroach upon the sidewalk or create a driveway sight obstruction.
2. Remove the vertical “BRAKES” sign and all associated sign elements on the pole
of the existing pole sign.
3. Install a fire suppression system throughout the entire building (both old and new
portions of the building).
4. Provide an ADA pedestrian connection between the Oakton Street sidewalk and
the Car-X front entrance.
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 amendment to an existing Conditional Use Permit for auto service repair 1108
E. Oakton Street. The City Council has final authority on the proposal.
Senior Planner Bye asked about the grassy area in the rear of the property. She stated that part
of the grass will be removed and paved for additional parking. Mr. Jarrett stated he is willing to
work with Staff on suggestions to improve the area.
Chairman Szabo asked if anyone in the audience is in favor or opposed to this project. No one
responded.
A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend
approval to City Council with four Conditions as indicated by Staff.
AYES: Saletnik, Hofherr, Bader, Fowler, 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.
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ADJOURNMENT
A motion was made by Board Member Fowler, seconded by Board Member Hofherr, to adjourn the
meeting at 7:39 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners