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2020.07.28 PZ&B Meeting Packet Community & Economic Development 1420 Miner Street, Des Plaines, IL 60016 P: 847.391.5392 | W: desplaines.org Planning and Zoning Board Agenda July 28, 2020 Room 102 – 7:00 P.M. Call to Order: Roll Call: Approval of Minutes: July 14, 2020 Public Comment: For matters that are not on the Agenda Public Hearing: Old Business: New Business: 1. Address: City-wide Case Number: 20-026-TA The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended for: (i) Section 12-7-3.K to add “Body art establishments” under certain circumstances as a Conditional Use to the C-3 zoning district, (ii) Section 12-9-7 to add “Body art establishments” to the Off Street Parking Regulations, and (iii) Section 12-13-3, to add a definition for “Body art establishment” to the Definition Chapter, and approval of any zoning text amendments as may be necessary. PIN: City-wide Petitioner: City of Des Plaines, 1420 Miner Street Des Plaines, IL 60016 Owner: City of Des Plaines, 1420 Miner Street Des Plaines, IL 60016 Adjournment: Next Agenda –August 11, 2020 City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the meeting(s) or facilities, contact the ADA Coordinator at 847-391-5486 to allow the City to make reasonable accommodations for these persons. The public hearing may be continued to a further date, time and place without publication of a further published notice such as this notice. Case 20-024-V 942 Hollywood Ave Standard Variation July 14, 2020 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING JULY 14, 2020 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, July 14, 2020, at 7:00 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:02 p.m. and read this evening’s cases. Roll call was established. PRESENT: Bader, Hofherr, Saletnik, Szabo ABSENT: Catalano, Fowler, Veremis ALSO PRESENT: Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Jonathan Stytz, Planner/Community & Economic Development Wendy Bednarz/Recording Secretary A quorum was present. Member Catalano arrived at 7:05 p.m. PUBLIC COMMENT There was no Public Comment. APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to approve the minutes of June 23, 2020. AYES: Bader, Hofherr, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Case 20-024-V 942 Hollywood Ave Standard Variation July 14, 2020 Page 2 NEW BUSINESS 1. Address: 942 Hollywood Avenue Case Number: 20-024-V The petitioner is requesting a Standard Variation under Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a second story addition on a portion of a single-family residence that is located 2.75-feet from the west property line where a minimum of five feet is required in the R-1 zoning district, and approval of any other such variations, waivers, and zoning relief as may be necessary. PIN: 09-17-301-021-0000 Petitioner: Ronald J. Lanam, 942 Hollywood Avenue, Des Plaines, IL 60016 Owner: Ronald J. Lanam, 942 Hollywood Avenue, Des Plaines, IL 60016 Chairman Szabo swore in Ronald J. Lanam, 942 Hollywood Avenue, Des Plaines, IL. The Petitioner purchased the home in January for himself and his parents. The Petitioner went over the current condition and the proposed plans for the home, which include adding a second floor but not increasing the homes footprint. The Petitioner stated that the home has an addition which was built four years ago, the addition is three feet from the property line, a variation was not required at that time, but permits were issued. Chairman Szabo asked if the Board has any questions. Member Saletnik asked for clarification of the footprint of the property, the Petitioner stated that the footprint will match the current structure of the property. Chairman Szabo asked if the petitioner reviewed and accepted the three conditions of approval. The three conditions of approval were reviewed and the Petitioner stated he accepted those terms. Member Catalano asked for clarification regarding windows on the western wall, the Petitioner stated that no windows would be installed. Chairman Szabo asked that the Staff Report be entered into record, Planner Stytz provided a summary of the following report: Issue: The petitioner is requesting a Standard Variation under Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow for a second story addition onto a portion of an existing single- family residence that is located 2.75-feet from the property line where a minimum of 5-feet is required in the R-1 zoning district. Analysis: Address: 942 Hollywood Avenue Owner: Ronald J. Lanam, 942 Hollywood Avenue, Des Plaines, IL 60016 Petitioner: Ronald J. Lanam, 942 Hollywood Avenue, Des Plaines, IL 60016 Case Number: 20-024-V PIN: 09-17-301-021-0000 Ward: #3, Alderman Denise Rodd Case 20-024-V 942 Hollywood Ave Standard Variation July 14, 2020 Page 3 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 South: Single Family Residence East: Single Family Residence West: Single Family Residence Street Classification: Hollywood Avenue is classified as a local street. Comprehensive Plan: The Comprehensive Plan designates the site as Single-Family Residential. Project Description: The petitioner, Ronald J. Lanam, is requesting a Standard Variation to allow for a second story addition onto a portion of an existing single-family residence that is located 2.75-feet from the property line where a minimum of 5-feet is required in the R-1 zoning district at 942 Hollywood Avenue. This 7,057-square foot, 50-foot wide property contains a one and one half-story residence with a deck, private front walk, and 450-square foot detached garage accessed from the street as shown on the Plat of Survey (Attachment 3). The existing residence’s setback from the west property line varies from 2.75-feet at the front of the residence to 3.27-feet at the rear of the residence. The new second story addition is proposed for the south portion or front of the existing residence. Since the addition is proposed to match the existing setback of the first floor, staff notified the petitioner that a standard variation would be necessary. The petitioner is requesting the 717-square foot second story addition to address structural concerns with the original construction of the house and to remodel the existing upper story to create a full second floor for the use of three bedrooms and a bathroom. The footprint of the second story will match the footprint of the first story and the height of the roof will be increased to accommodate the additional square footage. The proposed addition would match the design and materials of the existing residence as shown in the Floor Plans & Elevations (Attachment 5). The petitioner aspires to construct the proposed 26.95- foot wide by 26.60-foot deep addition directly on top and flush with the existing first level of the residence without any changes to the building footprint as shown in the Site Plan (Attachment 4). The petitioner does intend to remodel the interior of the first level of the existing residence. However, the building footprint will remain the same. The petitioner’s request to add a second story addition that will be located less than five-feet from the side property line for single-family residences in Des Plaines constitutes the need for a standard variation to Section 12-7-2(J) of the 1998 Des Plaines Zoning Ordinance. Compliance with the Comprehensive Plan Case 20-024-V 942 Hollywood Ave Standard Variation July 14, 2020 Page 4 The proposed project, including the proposed the site improvements, address various goals and objectives of the 2019 Comprehensive Plan including the following aspects: • Future Land Use Plan: o The property is marked for the Single Family Residential land use. The Future Land Use Plan strives to create a well-balanced development area with a healthy mixture of commercial and residential uses. The petitioner strives to make structural improvements to the property to address structural concerns that were present when the home was originally constructed. While the aforementioned aspects represent a small portion of the goals and strategies of the Comprehensive Plan, there is a large emphasis on encouraging reinvestment in residential properties in order to enhance the residential corridors throughout Des Plaines and to increase the quality of life for residents. 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: The existing residence was constructed less than 5-feet from the side property line and setting the second story addition 5-feet away from the property line would affect the building envelope and create structural concerns. Requiring the petitioner to position the proposed second story addition could create a financial and physical hardship for the petitioner. 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 unique size and shape of this property create a particular hardship for the petitioner. The property width is 50-feet and is narrower than many of the lots surrounding it. The existing one and one half-story portion of the house already contains a partial dwelling space and the petitioner is addressing the existing structural concerns to adequately support this space. 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 size and shape of the property have not changed due to any action of the petitioner. The unique physical constraints of the property are unavoidable because the property is land-locked. Case 20-024-V 942 Hollywood Ave Standard Variation July 14, 2020 Page 5 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: Carrying out of the strict letter of the Zoning Ordinance would not allow the petitioner to address the existing structural issues and improve the structural integrity of the existing one and one half-story portion of the house. The petitioner strives to make the structure safe for its inhabits and to remodel the residence as a whole to make necessary improvements. In this case, the required 5-foot setback on the property for a principle structure in conformance to the Zoning Ordinance denies the owner substantial rights commonly enjoyed by owners of surrounding lots under the same provision. 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 approval of this variation would not provide the petitioner with any special privilege or additional right not available to owners or occupants of surrounding lots under the same provision. The proposal would allow the petitioner to make improvements to an existing property and address the structural integrity of the residence as a whole. 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 approval of this variation would result in the construction of an addition to an existing residence that would be in harmony with the general and specific purposes of this title and meet all other zoning regulations. It would also encourage reinvestment and retention of single-family neighborhoods, which the Comprehensive Plan strives to accomplish. 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: There is no means other than the requested variation that the alleged hardship or difficulty can be avoided given the current physical orientation of the property. The location of the existing residence does not conform to the required setback regulations and prevents the petitioner from conforming to all regulations for accessory structures in the Zoning Ordinance. 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: The approval of this variation would be the minimum measure of relief for the petitioner to overcome the existing physical hardship on the property, address current structural issues, and make necessary improvements to the property. Recommendation: Staff recommends approval of the requested variations based on review of the information presented by the applicant and the standards and conditions met by Section 12-3-6(H) (Findings of Fact for Variations) as outlined within the City of Des Plaines Zoning Ordinance, as amended, with the following conditions: Case 20-024-V 942 Hollywood Ave Standard Variation July 14, 2020 Page 6 1. That no portion of the second floor is located any closer than 2.75-feet from the side property line. 2. The west wall of the addition is less than 3-feet from the lot line. Pursuant to 2015 International Residential Code, Table R302.1(1) Exterior Walls, any new portions of this wall will be required to be fire-rated. Additionally, new wall openings less than 3-feet from the lot line are not allowed. These details will be required at time of permit. 3. That the petitioner submits a structural report stating that the existing foundation wall is structurally adequate to support additional loads imposed by the second addition. This report will be required during the building permit review process. 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 variance for a second story addition onto an existing residence at 942 Hollywood Avenue that does not meet the minimum side yard setbacks required for a principle structure. Chairman Szabo asked if there was anyone from the public that wanted to comment on the case; there were no comments. Coordinator Ainsworth stated that this is a Standard Variation and the Planning & Zoning Board has the final authority to approve the variation. A motion was made by Board Member Hofherr seconded by Board Member Catalano to approve as presented. AYES: Bader, Catalano, Hofherr, Saletnik, Szabo NAYES: None ***MOTION CARRIES UNANIMOUSLY *** Case 20-024-V 942 Hollywood Ave Standard Variation July 14, 2020 Page 7 ADJOURNMENT The next meeting is scheduled for July 28, 2020. Chairman Szabo adjourned the meeting by voice vote at 7:15 p.m. Sincerely, Wendy Bednarz, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: July 9, 2020 To: Planning and Zoning Board From: Michael McMahon, Director of Community and Economic Development Patrick Ainsworth, AICP, Economic Development Coordinator Subject: Text Amendments to the Des Plaines Zoning Ordinance Issue: The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended, (i) Section 12-7-3.K to add “Body art establishments” as a Conditional Use to the C-3 zoning district under certain circumstances, (ii) Section 12-9-7 to add “Body art establishments” to the Off Street Parking Regulations, and (iii) Section 12-13-3, to add a definition for “Body art establishment” to the Definition Chapter, and approval of any zoning text amendments as may be necessary. Analysis: PIN: Citywide Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Case Number: #20-026-TA Project Description: The City of Des Plaines is proposing several text amendments to the Des Plaines Zoning Ordinance, which are as follows: • Adding Body art establishments as a conditional use to the C-3 zoning district under certain circumstances; • Adding Body art establishments to the Off Street Parking Regulations; and • Adding a definition for Body art establishments to the Definition Chapter of the Zoning Ordinance. The Des Plaines City Council discussed body art establishments at the July 6, 2020 meeting as there was a general consensus to allow for tattoo parlors and body piercing establishments in Des Plaines under certain restrictions. The City Council discussed the proposed text amendments below and made a motion to have the Planning and Zoning Board consider the proposed text in a public hearing and forward their recommendation back to City Council for final consideration. MEMORANDUM Text Amendment to the Zoning Ordinance Regarding Body Art Establishments Add 12-7-3.K: - COMMERCIAL DISTRICTS USE MATRIX Uses C-1 C-2 C-3 C-4 C-5 C-6 C-7 Body art establishments C22 Notes 22. Body art establishments shall be located at least one mile away from any other body art establishment. The total size of such use/space cannot exceed 2,000 square feet. The text amendment above suggests to add body art establishments as a conditional use in the C-3 zoning district. Additionally, there would be a regulation that any such use must be located at least one mile away from another body art establishment and the space that this use could occupy does not exceed 2,000 square feet in size. The intent of this text is to reduce any cluster effect and to ensure the proposed use is in- keeping with the surrounding business sizes. Additionally, every such applicant who wants to operate such a use has to go through the public hearing process and seek approval from the City Council through the conditional use process. That results in every request being evaluated on a case-by-case basis. Add 12-9-7: OFF STREET PARKING REGULATIONS Commercial Uses Body art establishments 1 space per 250 square feet of floor area Add 12-13-3 DEFINITIONS Body Art Establishment: An establishment, licensed under the Illinois Department of Public Health, which conducts physical body adornment activities, including, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by the Illinois State Medical Board, such as implants under the skin, which shall not be performed in a body art establishment. “Body art establishment" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use. Note, the definition above closely resembles the definition for such use under the Illinois Department of Public Health as this government agency regulates this profession. 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 proposed text amendments are generally consistent with the goals and objectives of the comprehensive plan as the amendments includes an opportunity to allow a new business category to the C-3 zoning district. Modernizing the Zoning Ordinance will advance the 2019 Des Plaines Comprehensive Plan to ensure that development trends and existing conditions coincide in a logical manner. 2. Whether the proposed amendment is compatible with current conditions and the overall character of existing development; The proposed text amendments are mainly based off the conversations that took place at recent Des Plaines City Council meetings. The general consensus was to allow such a use in the C-3 zoning district as a conditional use in order to evaluate each applicant on a case-by-case basis. The proposed text amendment will limit the quantity of body art establishments within the City of Des Plaines through a one mile buffer requirement. 3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property; The proposed amendments are appropriate when considering the adequacy of public facilities and services throughout the City of Des Plaines. The proposed text amendments will help ensure that there are no concerns with impeding public facilities and services as each text amendment is being introduced in a responsible manner. 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and The proposed text amendments will not have a negative adverse effect on property values throughout the City as there are several mechanisms introduced to allow for such uses in a careful manner. 5. Whether the proposed amendment reflects responsible standards for development and growth. The proposed amendments reflect responsible standards for development and growth as all text amendments aim to regulate a proposed land use that is not covered in the Zoning Ordinance. Recommendation: The Community and Economic Development Department recommends approval of the proposed text amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended, for the following portions: (i) Section 12-7-3.K to add “Body art establishments” as a Conditional Use to the C-3 zoning district under certain circumstances, (ii) Section 12-9-7 to add “Body art establishments” to the Off Street Parking Regulations, and (iii) Section 12-13-3, to add a definition for “Body art establishment” to the Definition Chapter. 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.