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6/25/19Case #19-031-CU 410 E. Northwest Highway Conditional Use Permit Case #19-032-V 1434 E. Walnut Avenue Variation June 25, 2019 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING JUNE 25, 2019 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, June 25, 2019, at 7 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:01 p.m. and read this evening’s cases. Roll call was established. PRESENT: Catalano, Fowler, Hofherr, Saletnik, & Szabo ABSENT: Bader & Schell ALSO PRESENT: Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Jonathan Stytz, Planner/Community & Economic Development Gale Cerabona/Recording Secretary APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to approve the minutes of June 11, 2019, as presented. AYES: Hofherr, Saletnik, Catalano, Fowler, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There was no Public Comment. OLD BUSINESS There was no Old Business NEW BUSINESS 1. Address: 410 E. Northwest Highway Case 19-031-CU Case #19-031-CU 410 E. Northwest Highway Conditional Use Permit Case #19-032-V 1434 E. Walnut Avenue Variation June 25, 2019 Page 2 The petitioner is requesting an amendment to an approved Conditional Use for a Motor Vehicle Sales under Section 12-3-4 of the 1998 Des Plaines Zoning Code, as amended, to display an additional twelve (12) vehicles for sale on the property for a total of twenty-two (22) vehicles. PINs: 09-07-417-001, -002, -003, -026, -027 Petitioner: George Zervos, Cumberland Auto Sales, 714 South Chris Lane, Mount Prospect, IL 60056 Owner: George Zervos, Cumberland Auto Sales, 714 South Chris Lane, Mount Prospect, IL 60056 Coordinator Ainsworth advised that item #1 is not being heard tonight as the applicant needed to send out notices to property owners within 300 feet which was not accomplished. The case will need to be re-noticed and the petitioner will be rescheduled for the July 23, 2019 PZB meeting. 2. Address: 1434 E. Walnut Avenue Case 19-032-V The petitioner is requesting a Variation under Section 12-3-6(G) of the 1998 Des Plaines Zoning Ordinance, as amended, to remove an existing detached garage and construct a new 840-square foot detached garage in excess of the 720-square foot maximum pursuant to Section 12-8-1(C). PIN: 09-20-212-021 Petitioner: Christopher Logisz, 1434 E. Walnut Avenue, Des Plaines, IL 60016 Owner: Christopher Logisz, 1434 E. Walnut Avenue, Des Plaines, IL 60016 Chairman Szabo swore in Christopher Logisz, 1434 E. Walnut Avenue, Des Plaines, IL, who stated he wishes to tear down the existing garage because it is beyond repair; a new larger garage is intended. Chairman Szabo asked: • if the material would be frame and siding. Mr. Logisz advised – yes • if the material matches Petitioner’s home. Mr. Logisz advised – yes • if the neighbors are for or against this project. Mr. Logisz advised they are for it Board Member Fowler asked what is the size of the existing garage? Coordinator Ainsworth stated – 14x22 based on the submitted plat of survey. Board Member Catalano asked: • Staff, regarding Condition #4, is this 4 ft. deep? Coordinator Ainsworth stated – yes, there will have to be a 4 ft. footing based on the size of the garage. • Petitioner if he is aware. Mr. Logisz stated he would make the contractor aware. • Petitioner if he has any issues with the other Conditions? Mr. Logisz stated – no. He asked for clarification on Condition #5. Case #19-031-CU 410 E. Northwest Highway Conditional Use Permit Case #19-032-V 1434 E. Walnut Avenue Variation June 25, 2019 Page 3 • regarding Condition #1, a gravel pad is indicated. Are you opposed to this? Mr. Logisz stated water could pass through gravel but not a gravel pad. Coordinator Ainsworth stated – gravel is not allowed for cars to park on. Board Member Catalano asked if pavers are acceptable or permeable pavers. Coordinator Ainsworth stated Staff had intended to add a permeable surface (in the language of the condition). Board Member Hofherr asked/stated: • what kind of larger vehicles and equipment there would be? Mr. Logisz stated – two Ford 250 trucks, one Ford Fusion, and a snow plow. • there are no stickers on those vehicles. Mr. Logisz stated – those vehicles don’t move (on the trailer) Chairman Szabo asked if the Board has further questions. He asked Staff to provide the Staff Report which Planner Stytz did: Issue: The petitioner is requesting a Major Variation under Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow for an 840-square foot detached garage that exceeds the 720-foot square foot maximum for accessory structures in the City of Des Plaines. Analysis: Address: 1434 East Walnut Avenue Owner: Christopher Logisz, 1434 East Walnut Avenue, Des Plaines, IL 60016 Petitioner: Christopher Logisz, 1434 East Walnut Avenue, Des Plaines, IL 60016 Case Number: 19-032-V PIN: 09-20-212-021-0000 Ward: #2, Alderman Colt Moylan Existing Zoning: R-1, Single Family Residential District Existing Land Use: Single Family Residence 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: Single Family Residence Case #19-031-CU 410 E. Northwest Highway Conditional Use Permit Case #19-032-V 1434 E. Walnut Avenue Variation June 25, 2019 Page 4 South: Single Family Residence East: Single Family Residence West: Single Family Residence Street Classification: Walnut Avenue is classified as a local street. Comprehensive Plan: The Comprehensive Plan designates the site as Residential. Project Description: The petitioner, Christopher Logisz, is requesting a Major Variation to allow for an 840-square foot detached garage at 1434 East Walnut Avenue that exceeds the 720-foot square foot maximum for accessory structures in the City of Des Plaines. This 7,504.36-square foot property contains a two-story residence with a deck, private walk, a 286.84-square foot detached garage accessed from the alley, and a gravel parking area off of the alley. The petitioner is requesting the over-sized detached garage to accommodate larger vehicles and equipment on the property in an enclosed structure. Please see the Proposed Garage Storage Layout/Vehicle List (Attachment 7) for more detail regarding the types of vehicles and equipment to be stored in the proposed detached garage. The proposal would replace the existing detached garage with the new 840-square foot detached garage without any changes to access as shown in the Site Plan (Attachment 5). The existing gravel parking pad located next to the existing detached garage does not comply with current code. In order to support the approval of the over-sized garage, staff is adding a condition that the gravel parking area would have to be removed and replaced with turf or a landscaped area unless the petitioner seeks a minor variation to pave the parking area with an approved material. Pursuant to Section 12-8-1(C)(5) of the Des Plaines Zoning Ordinance, the maximum area of a detached garage shall be seven hundred twenty (720) square feet or less. The petitioner’s request to allow for a detached garage that exceeds the 720- square foot maximum for accessory structures in Des Plaines constitutes the need for a major variation to Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance. Staff has explained to the property owner that the approval of a detached garage in excess of the maximum area permitted would require the removal of or Case #19-031-CU 410 E. Northwest Highway Conditional Use Permit Case #19-032-V 1434 E. Walnut Avenue Variation June 25, 2019 Page 5 granting approval of a minor variation for the existing gravel parking area. 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. 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: Please see the applicant’s responses to the Standards for Variation approval. 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: Please see the applicant’s responses to the Standards for Variation approval. 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: Please see the applicant’s responses to the Standards for Variation approval. 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: Please see the applicant’s responses to the Standards for Variation approval. 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: Please see the applicant’s responses to the Standards for Variation approval. 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: Please see the applicant’s responses to the Standards for Variation approval. Case #19-031-CU 410 E. Northwest Highway Conditional Use Permit Case #19-032-V 1434 E. Walnut Avenue Variation June 25, 2019 Page 6 7. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. Comment: Please see the applicant’s responses to the Standards for Variation approval. 8. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. Comment: Please see the applicant’s responses to the Standards for Variation approval. Recommendation: Staff does not recommend approval or denial of the requested variation. Staff recommends that the Planning and Zoning Board consider the following conditions if an approval of the request is favored: 1. That the petitioner either applies for and obtain a minor variation for a paved parking pad for the existing gravel parking area at the rear of the property prior to be issued a building permit for the proposed detached garage or removes and replaces the gravel area with turf or landscaping. If the gravel area is being removed, then no parking or equipment storage shall take place on this part of the property. 2. That the petitioner constructs a driveway from the alley curb to the detached garage in compliance with all applicable City codes. 3. That a minimum 5-foot (5’) setback is provided between the detached garage and the west property line. 4. That the detached garage is constructed with frost-protected footings as required by the IRC 2015 Building Code for garages over 600-square feet. 5. That the proposed structure is not used for the purpose of a home occupation or other use besides storage of common residential items. 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 to the City Council approval, approval subject to conditions, or denial the above-mentioned variance for an over- sized detached garage at 1434 East Walnut Avenue that exceeds the maximum area permitted for an Accessory Structure. The Des Plaines City Council has final authority over the proposal. Chairman Szabo asked if anyone in the audience is in favor of this proposal. Ten people raised their hands. He asked if anyone is opposed. No one responded. Chairman Szabo asked if anyone would like to speak. No one came forward. A motion was made by Board Member Catalano to recommend approval as requested with the following: • Condition #1 to provide alternative permeable materials per Des Plaines code (Coordinator Ainsworth read the code regarding materials) Case #19-031-CU 410 E. Northwest Highway Conditional Use Permit Case #19-032-V 1434 E. Walnut Avenue Variation June 25, 2019 Page 7 • That the petitioner either applies for and obtains a minor variation for a parking pad consisting of a stabilized alternative permeable material that complies with City code for the existing gravel parking area at the rear of the property prior to be issued a building permit for the proposed detached garage or remove and replace the gravel area with turf or landscaping. If the gravel is being removed, then no parking or equipment storage shall take place on this part of the property. Board Member Fowler seconded the motion. AYES: Catalano, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Coordinator Ainsworth advised this petition would go to City Council on July 15, 2019. ADJOURNMENT The next PZB meeting is scheduled for July 9, 2019. A motion was made by Board Member Saletnik, seconded by Board Member Fowler, to adjourn the meeting at 7:24 p.m. AYES: Saletnik, Hofherr, Catalano, Fowler, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners