2021.06.22 PZ&B MinutesCase 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
June 22, 2021
MINUTES
The Des Plaines Planning and Zoning Board held its regularly scheduled meeting on Tuesday, June 22,
2021, at 7:00 p.m. in Room 101 of the Des Plaines Civic Center.
Acting Chairman Saletnik called the meeting to order at 7:00 p.m. and read this evening’s cases. Roll call
was established.
PRESENT: Catalano, Fowler, Hofherr, Saletnik
ABSENT: Bader, Veremis, Szabo
ALSO PRESENT: Michael McMahon, Director/Community & Economic Development
John Carlisle, AICP, Economic Development Manager/Community & Economic
Development
Jonathan Stytz, Planner/Community & Economic Development
Wendy Bednarz/Recording Secretary
A quorum was present.
PUBLIC COMMENT
There was no public comment.
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to approve the
minutes of June 8, 2021, as presented.
AYES: Hofherr, Fowler, Catalano, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 2
OLD BUSINESS
None
NEW BUSINESS
1. Address: 10 S. River Road Case Number: 21-025-FPLAT
Public Hearing
The petitioners are requesting a Final Plat of Subdivision to re-subdivide certain legal lots of record
under Section 13-2 of the Subdivision Regulations.
PIN: 09-17-200-022-0000; -044-0000; -045-0000; -051-0000
Petitioner: Peter Damiano, Damiano Service Center and Damiano Properties, LLC, 10 S. River Road,
Des Plaines, IL 60016 and 1415 Redeker Rd, LLC, 1415 – 1419 Redeker Road, Des
Plaines, IL 60016
Owner: Carol A. Damiano and Peter S. E. Damiano, 10 S. River Road, Des Plaines, IL 60016 and
1415 Redeker Rd, LLC, 1415 – 1419 Redeker Road, Des Plaines, IL 60016
Acting Chairman Saletnik swore in Jason Doland, Doland Engineering, consultant and Peter Damiano,
Damiano Service Center and Damiano Properties, LLC, Petitioner for the project. Mr. Doland provided an
overview of the request. Mr. Doland stated that the Petitioner will comply with the three conditions
suggested by the Public Works & Engineering Department, including, demolition of the existing annex,
improving the gravel area with a surface with a hard surface, and modifying storm water management.
Acting Chairman Saletnik asked if the Board had any questions.
Member Catalano asked why Staff did not provide a recommendation. Director McMahon stated that
similar to the application for tentative plat of subdivision, staff remains neutral since there is no net
benefit or loss to the City. Director McMahon continued that although Redeker Road will be improved,
there is no real benefit to the City as a whole.
Member Catalano asked if the Petitioner would be required to pave Redeker Road, Mr. Doland
responded that the Petitioner would improve Redeker Road along with improving storm water drainage.
Member Catalano asked staff about the location of the storm basins, that approximately 2/3 of the
water collected funneling into one drain, and the remainder of the water draining into the north basin.
Director McMahon stated that the Engineering Department approved the locations and design.
Acting Chairman Saletnik asked the Petitioner to define the improvements to the property. Mr. Doland
stated that the Petitioner will improve the hard surface with asphalt, Redeker Road will be striped for
through traffic on the easterly side of road, striping for parking and stalls on the westerly side of the
road, improving storm sewer drainage and updating the curb and apron, funneling traffic to the drive
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 3
aisle. Member Catalano confirmed that the Petitioner was aware of the three conditions; the Petitioner
and Consultant are aware and consent to the conditions.
Acting Chairman Saletnik asked if there were any questions or comments from the audience. There were
no comments.
Acting Chairman Saletnik asked that the Staff Report be entered into record. Planner Stytz provided a
summary of the following report:
Issue: The petitioner is requesting a Final Plat of Subdivision under Section 13-2 of the Des Plaines
Subdivision Regulations to resubdivide and absorb a portion of 1415 Redeker Road located at 09-17-
200-044-0000 in the M-1 zoning district at 10 S. River Road.
Analysis:
Address: 10 S. River Road
Owner: Carol A. Damiano Trust & Peter Damiano Trust, 10 S. River Road, Des Plaines, IL 60016
Petitioner: Peter Damiano, Damiano Service Center & Damiano Properties, LLC, 10 S. River Road,
Des Plaines, IL 60016
Case Number: 21-025-FPLAT
Real Estate Index Number: 09-17-200-022-0000; -044
Ward: #1, Alderman Mark A. Lysakowski
Existing Zoning: M-1, Limited Manufacturing District
Existing Land Use: Automotive Repair Shop
Surrounding Zoning: North: C-3, General Commercial District
South: C-3, General Commercial District
East: R-1, Single Family Residential District
West: M-1, Limited Manufacturing District
Surrounding Land Use: North: Commercial (Retail Store)
South: Commercial (Retail Store)
East: Cook County Forest Preserve
West: Manufacturing (Multi-tenant industrial building)
Street Classification: River Road is classified as an arterial road and Redeker Road is classified
as a local street.
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 4
Comprehensive Plan: The Comprehensive Plan designates the site as Commercial Industrial
Urban Mix.
Project Description:
The petitioner, Peter Damiano, is requesting a Final Plat of Subdivision resubdivide and absorb a portion
of 1415 Redeker Road located at 09-17-200-044-0000 in the M-1 zoning district at 10 S. River Road. The
subject property is 10,862-square feet (0.249 acres) in size and is comprised of one lot, which is improved
with a single building and parking area as shown in the Plat of Survey. The building on the subject property
contains a 100-square foot office area, 3,906-square foot shop/storage area, and a separate 280-square
foot mechanical area with restrooms. The petitioner also currently holds a Land Lease with ComEd to park
within the ComEd right-of-way located south of the properties at 24 River Road and 1415 Redeker Road.
The petitioner is proposing to resubdivide and absorb a portion of 1415 Redeker Road (Parcel 09-17-200-
044-0000) located west of the subject property and behind the properties located at 20 River Road and
24 River Road shown as Lot 2 on the Final Plat of Subdivision. Lot 2 is 12,684-square feet (0.291-acres) in
size and is comprised of one lot, which is improved with a portion of the multi-tenant manufacturing
building located on 1415 Redeker Road and a gravel drive aisle/parking area. The petitioner proposes to
improve Lot 2 with a paved, dust-free hard surface and utilize it to access the leased parking area within
the ComEd right-of-way as shown in the Select Final Engineering Plans. Given the proposed acquisition of
Lot 2 by the petitioner, this portion of the building, denoted as the East Annex on the Existing Floor Plan,
will be demolished as part of this request within a year of City Council approval. The petitioner recently
submitted an application for a Tentative Plat of Subdivision and Major Variations for building setbacks and
lot area, which was approved by Ordinance Z-30-21.
Final Plat of Subdivision Report
Name of Subdivision: Damiano-Merchandise Resubdivision
Address: 10 S. River Road
Requests: Approval of Final Plat of Subdivision
Total Acreage of Subdivision: 0.541 acres
Lot Descriptions and Construction Plans:
The petitioner’s Final Plat of Subdivision shows the resubdivision and transfer of ownership of the Lot 2
parcel to the subject property. Lot 2 will have an area of 10,807-square feet and Lot 3 (subject property)
will have an area of 8,520-square feet. The Plat shows the existing 8-foot non-exclusive easement on Lot
2, a new 24-foot ingress and egress easement on Lot 2 for use of Lots 1 and 3, and a new parking
easement on Lot 2 for use of Lot 3.
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 5
Recommendation: Staff is not making a recommendation of the request for a Final Plat of Subdivision
pursuant to 13-2 of the Des Plaines Subdivision Ordinance. If approval of this request is sought, staff
recommends adding the following conditions.
Conditions of Approval:
The Lot 2 property identified on the Final Plat of Subdivision to be acquired by the owner of 10 S.
River Road shall be only utilized for the ingress/egress to the 10 S. River Road property and the
parking of vehicles to be serviced. No equipment, materials, or other items shall be stored in this
location.
All existing structures located in Lot 2 property identified on the Final Plat of Subdivision shall be
demolished and replaced with a dust-free hard surface within a year of City Council approval.
The Lot 2 property identified on the Final Plat of Subdivision shall be demolished and replaced with
a dust-free hard surface within a year of City Council approval.
Planning and Zoning Board Procedure: Under Section 13-2-5 (Approval of Final Plat By Planning and
Zoning Board) of the Subdivision Ordinance, the Planning and Zoning Board has the authority to
recommend approval, approval subject to conditions, or denial the above-mentioned Final Plat of
Subdivision request for the property at 10 S. River Road.
A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to recommend
approval of the Final Plat of Subdivision request for the property at 10 S River Road, as presented:
AYES: Hofherr, Fowler, Catalano, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 6
2. Address: 1041 North Ave Case Number: 21-017-TSUB-V
Public Hearing
The petitioner is requesting the following items: (i) a Tentative Plat of Subdivision under Section 13-2-2 of
the Subdivision Regulations to split an existing lot into two new lots of record; (ii) a Standard Variation
under Section 12-7-2(J) of the Des Plaines Zoning Ordinance, as amended, to allow a lot width of 50 -feet
where a minimum lot width of 55-feet is required in the R-1 zoning district; and the approval of any other
such variations, waivers, and zoning relief as may be necessary.
PIN: 09-17-302-003-0000
Petitioner: Helen Roman, 5734 W. Warwick Ave, Chicago, IL 60634
Owner: Helen Roman, 5734 W. Warwick Ave, Chicago, IL 60634
Acting Chairman Saletnik swore in William Hepburn, Bono Consulting, engineering for the Petitioner and
Helen Roman and Henry Roman, of Chicago.
Mr. Hepburn stated that the request is to subdivide the property into two lots of record; a variation of the
minimum lot width is needed since the lots will only be 50-feet in width.
Acting Chairman Saletnik asked if the Board had any questions.
Acting Chairman Saletnik inquired about the square footage of the lots. Mr. Hepburn stated that each
lots will be about 7,050 square feet, meeting the minimum lot size. The lots are deep but are not wide.
Member Hofherr commented on the width of neighboring lots, Mr. Hepburn stated that the two lots
immediately west of the property are 50-feet wide, one is 45-feet wide, and continued that the majority
of lots in the are 50-feet wide.
Member Fowler inquired about the build of the single-family homes. Mr. Hepburn stated the new
homes will be built to engineering plans and will be within the max building size requirements.
Acting Chairman Saletnik confirmed that no additional zoning relief would be applied for in the future.
Mr. Hepburn stated that no additional relief would be applied for, Ms. Roman plans on developing or
selling the property, as is. The development will match the proposed engineering plan.
Member Catalano commented that he was impressed by the number of catch basins.
Acting Chairman Saletnik asked if there were any questions or comments from the audience. There were
no comments.
Acting Chairman Saletnik asked that the Staff Report be entered into record. Planner Stytz provided a
summary of the following report:
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 7
Issue: The petitioner is requesting: (i) a Tentative Plat of Subdivision under Section 13-2 of the Subdivision
Regulations to subdivide the existing lot into two lots of record; (ii) a Standard Variation under Section 12-
7-2(J) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a lot width of 50 -feet where the
minimum lot width permitted in the R-1 zoning district for an interior lot is 55-feet; and (iii) the approval
of any other such variations, waivers, and zoning relief as may be necessary.
Analysis:
Address: 1041 North Avenue
Owner: Helen Roman, 5734 W. Warwick Avenue, Chicago, IL 60634
Petitioner: Helen Roman, 5734 W. Warwick Avenue, Chicago, IL 60634
Case Number: 21-017-TSUB-V
Real Estate Index
Number: 09-17-302-003-0000
Ward: #3, Alderman Sean Oskerka
Existing Zoning: R-1, Single Family Residential District
Existing Land Use: Vacant Lot
Surrounding Zoning: North: M-2, General Manufacturing 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: Manufacturing (Multi-tenant industrial building)
South: Single Family Residences
East: Single Family Residences
West: Single Family Residences
Street Classification: North Avenue is classified as a local street.
Comprehensive Plan: The Comprehensive Plan designates the site as Single Family Residential.
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 8
Project Description: The petitioner, Helen Roman, is requesting a Tentative Plat of Subdivision and
Standard Variations for lot width for the property located at 1041 North Avenue. The subject property is
14,161-square feet (0.325 acres) in size and is comprised of one lot, which was improved with a single-
family residence, detached garage with driveway, sidewalk, and shed as shown in the Plat of Survey.
However, the single-family residence has since been demolished as noted in the Existing Conditions
Diagram.
The petitioner is proposing to subdivide the existing lot into two lots of record measuring 50 -feet wide
and 7,070.50-square feet in area. The existing detached garage, shed, and other pavement on the subject
property will be removed as part of this request. There is a ten-foot public utility easement proposed for
the rear of each lot as shown in the Tentative Plat of Subdivision. However, staff will require minimum
five-foot public utility easements on the common line in between the proposed lots as part of the Final
Plat of Subdivision submittal. There is a variation request for lot width, as the proposed lots will not meet
the minimum 55-foot lot width requirement for interior lots in the R-1 district pursuant to Section 12-7-
2(J) of the Zoning Ordinance.
Tentative Plat of Subdivision Report
Name of Subdivision: Helen Roman Subdivision
Address: 1041 North Avenue
Requests: Approval of Tentative Plat of Subdivision & Variation
Total Acreage of
Subdivision: 0.325 acres
Lot Descriptions and
Construction Plans: The petitioner’s Tentative Plat shows the subdivision of the existing lot
into two 7,070.50-square foot, 50-foot wide lots. A ten-foot public utility
easement is proposed for the rear of each property. Note that the
Preliminary Engineering Plans are conceptual and have not been
approved by staff. All engineering comments will be addressed in the
Final Engineering Plans at time of the Final Plat of Subdivision.
Compliance with the Comprehensive Plan
There are several parts of the 2019 Des Plaines Comprehensive Plan that align with the proposed
project. Those portions are as follows:
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 9
Under Overarching Principles:
o The Comprehensive Plan seeks to promote a wider range of housing options and to
encourage the reinvestment and preservation of established Des Plaines neighborhoods
through the addition of new housing to fit diverse needs. The proposal seeks to reinvest
in this vacant lot and provide additional housing options in this established
neighborhood.
Under Land Use Plan:
o A primary goal of the Comprehensive Plan is to preserve and enhance established
single-family neighborhoods while also expanding newer housing options. The proposal
matches the existing character of the neighborhood and provides modern housing
options that are prevalent in the immediate vicinity.
Under Future Land Use Map:
o The property is marked for Single-Family Residential land uses. These areas are
designated for detached single-family residences to maintain and improve housing
options for residents. The proposed use will transform an existing residential lot and
provide an additional single-family housing option for the community as a whole.
While the aforementioned bullet points are only a small portion of the Comprehensive Plan, there is a
large emphasis on maintaining detached single-family zoning areas and promoting the expansion of these
developments to increase housing options for residents. The petitioner is proposing to take a 0.325-acre
parcel for future development of two new residences for the community.
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: Requiring the petitioner to adhere to the minimum 55-foot lot width requirement
would limit development on this property to one residence and would not meet the goals and
objectives of the Comprehensive Plan to foster growth of residential areas and provide additional
housing options. Furthermore, some of the surrounding properties in the area have similar lot
widths as the proposal. Please see the Petitioner’s responses to Standards for Variations.
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
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 10
of the lot:
Comment: The existing property was platted with its current dimensions before the code was
updated from a minimum lot width of 50-feet to 55-feet. Under the previous code, the property
would have met the standards for a subdivision. However, the property is land-locked so it cannot
be expanded to meet the requirements. Please see the Petitioner’s responses to Standards for
Variations.
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 unique physical condition is not the result of the current owner or previous owners
as the property was platted long before the zoning code update to change the minimum lot width
required from 50-feet to 55-feet. Additionally, there is not a way for the petitioner to widen the
lot to the meet the 55-foot lot width requirement. Please see the Petitioner’s responses to
Standards for Variations.
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 the strict letter of the code would prevent the petitioner from subdividing
the existing property for use of two single family residences as many of the surrounding properties
have done, which would deny them the substantial rights of neighboring property owners. A
majority of the existing lots in this area are less than 55-feet wide and do not meet the current
minimum 55-foot lot width requirement. Please see the Petitioner’s responses to Standards for
Variations.
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 variation request would not provide the petitioner with any special privilege that
is not already enjoyed by many of the surrounding property owners or allow him to make more
money from the property. The petitioner does not plan to develop these lots at this time, but
rather to subdivide them for future development. Please see the Petitioner’s responses to
Standards for Variations.
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:
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 11
Comment: The proposal would result in the future development of this site that would be in
harmony with the specific purposes of Section 12-3-6 of the Zoning Ordinance or the
Comprehensive Plan. This proposal sets to develop this vacant property into two separate lots to
add residential options in Des Plaines. Please see the Petitioner’s responses to Standards for
Variations.
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 way that the petitioner can alter the dimensions of the property to meet
the 55-foot minimum lot width requirement, as the property is land-locked by developed
properties. The variation is required for the petitioner to create two residential lots and expand
housing options in Des Plaines. Please see the Petitioner’s responses to Standards for Variations.
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 variation request is the minimum measure of relief necessary to allow the
petitioner to create two residential lots out of the large existing vacant lot. Please see the
Petitioner’s responses to Standards for Variations.
Recommendation: Staff recommends approval of the request for a Tentative Plat of Subdivision
pursuant to 13-2 of the Des Plaines Subdivision Ordinance and the Standard Variation request for lot
width pursuant to Section 12-3-6 of the Des Plaines Zoning Ordinance.
Planning and Zoning Board Procedure: Under Section 13-2-7 (Approval of Tentative Plat By Planning and
Zoning Board) of the Subdivision Ordinance and Section 12-3-6 (Approval of Variations), the Planning and
Zoning Board has the authority to approve, approve subject to conditions, or deny the above-mentioned
Tentative Plat of Subdivision and Standard Variation request for the property at 1041 North Avenue.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, for approval of
the request for a Tentative Plat of Subdivision pursuant to 13-2 of the Des Plaines Subdivision Ordinance
and the Standard Variation request for lot width pursuant to Section 12-3-6 of the Des Plaines Zoning
Ordinance, for the property at 1041 North Avenue, as presented.
AYES: Catalano, Hofherr, Fowler, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 12
3. Address: 994 Hollywood Avenue Case Number: 21-022-V
Public Hearing
The petitioner is requesting the following items a Standard Variation under Section 12-7-2(J) of the Des
Plaines Zoning Ordinance, as amended, to allow an accessory structure to be constructed within 2’ of the
property line when 5’ is required and the approval of any other such variations, waivers, and zoning relief
as may be necessary.
PIN: 09-17-301-020-0000
Petitioner: Erin Johnson, 994 Hollywood Ave, Des Plaines, IL 60016
Owner: Erin Johnson, 994 Hollywood Ave, Des Plaines, IL 60016
Acting Chairman Saletnik swore in Erin Johnson, Jim Johnson and Harry Johnson, of 994 Hollywood Ave,
Petitioners for the property.
The Petitioners provided an overview of the request, stating that the variation is to replace a 25 year-old
shed, the old shed currently attracts animals, has no doors, is rusted and generally is in bad shape. Ms.
Johnson stated that the current City code only allows for accessory structures (sheds) to be located in the
rear yard, however, due to the corner lot and not having a true rear yard the shed would need to be placed
at the front of the property. The Petitioners stated that shed placement near the front of the home may
have them susceptible to vandals and theft, the interior location provides some protection and lower
street visibility.
Acting Chairman Saletnik asked if the Board had any questions.
Acting Chairman Saletnik inquired about the construction of the shed. Mr. Johnson stated that the shed
is pre-fabricated kit.
Member Hofherr inquired about the size of the shed. The Petitioner stated that the shed will be
approximately 17.3’ X 7.10’, the Petitioner stated the size of the shed is needed for storage. The current
home is on a slab and the property only has a one-car garage.
Member Hofherr expressed a concern that the shed is much larger than any other accessory structure
on the street, and suggested a reduction of size.
Member Catalano inquired about the space between the deck and the fence. The Petitioner could not
recall the distance, Director McMahon stated that the shed is on the property line. The total distance
from the deck to the fence is approximately 11 feet total. Director McMahon stated that the proposed
shed is slightly narrower and the shed would be approximately two feet off the property line.
Member Catalano questioned the location of the shed, and if the shed could be built against the deck.
Mr. Johnson stated that the shed will be built against the deck and currently there is a cut-out in the
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 13
deck for shed access. Member Catalano stated that his preference would be that the deck is built
further off the fence/property line.
Director McMahon state the Building Department has also consulted with the Fire Department and
there are no fire rating issues.
Acting Chairman Saletnik asked if were any questions or concerns form the public. There were several
members of the audience in favor of the proposal. The following comments were heard:
Alan Arsinow, 984 Hollywood Ave, Des Plaines: Mr. Arsinow urged the Board to approval this
request. Mr. Arsinow’s property is the neighboring property and he would much rather look at a
new shed rather than the shed in its current condition.
Rosa Carrera, stated that the Petitioners are following the rules, and should be allowed to build the
shed for storage.
Acting Chairman Saletnik asked that the Staff Report be entered into record. Planner Stytz provided a
summary of the following report:
Issue: The petitioner is requesting Standard Variations under Section 12-8-1(C) of the 1998 Des Plaines
Zoning Ordinance, as amended, to allow the installation of an accessory structure setback two-feet from
the property line and located in the interior side yard at 994 Hollywood Avenue where the minimum
setback for accessory structures in the R-1 Zoning District is five-feet and accessory structures are only
permitted within the rear yard and buildable area.
Analysis:
Address: 994 Hollywood Avenue
Owner: Erin Johnson, 994 Hollywood Avenue, Des Plaines, IL 60016
Petitioner: Erin Johnson, 994 Hollywood Avenue, Des Plaines, IL 60016
Case Number: 21-022-V
PIN: 09-17-301-021-0000
Ward: #3, Alderman Sean Oskerka
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
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 14
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 and Second Avenue are classified as local streets.
Comprehensive Plan: The Comprehensive Plan designates the site as Single-Family Residential.
Project Description:
The petitioner, Erin Johnson, is requesting Standard Variations to allow the installation of an accessory
structure setback two-feet from the property line and located in the interior side yard at 994 Hollywood
Avenue where the minimum setback for accessory structures in the R-1 Zoning District is five-feet and
accessory structures are only permitted within the rear yard and buildable area. This 7,333-square foot,
51.95-foot wide property contains a one-story residence with a deck, private front walk, driveway, and
existing 81.60-square foot shed as shown on the Plat of Survey. The existing development is located at
the very north portion of the on the subject property and the existing shed is located approximately 0.2-
feet from the west property line straddling the interior side yard and buildable area of the subject
property.
The petitioner is requesting the new 17’-1/4” long by 7’-10” wide prefabricated shed (133.33 sq. ft.), as
noted in the Shed Specifications, to replace the existing shed that is in disrepair and is not functional for
their use. The proposed shed is intended to be located two-feet from the west property line in between
the existing deck area and the property line as shown on the Site Plan. Pursuant to Sections 12-7-1(C) and
12-8-1(C), accessory sheds may only be located in the rear yard and may be located no closer than five-
feet from side and rear lot lines. The petitioner’s request to allow a shed in the interior side yard that is
located less than five-feet from the side and rear property lines constitutes the need for variations to
Sections 12-7-1(C) and 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance. Staff has spoken to the
petitioner regarding alternative locations for the proposed shed that do not require the request
variations. However, the petitioner is requesting to locate the proposed shed in a location that is not
permitted by the Zoning Ordinance. Staff does not find a hardship with the land or unique circumstance
with the property to warrant such variations.
Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H) of the
1998 City of Des Plaines Zoning Ordinance, as amended.
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: There are no found practical difficulties or particular hardship with the subject property
to warrant the extent of the variance requests. There is ample room on the subject property
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 15
within the buildable area to install the proposed shed to avoid the variation requests. Please see
the petitioner’s responses to variations.
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: There are no unique circumstances to this property as compared to any other lot on
the block and compared to any other corner lot within the City. Even with the existing
development mostly contained within the northern portion of the lot, there is still ample space in
the buildable area for the proposed shed that would not be affected by any unique physical
condition of the site. The requested variations to deviate from the location requirements for an
accessory structure alleviates a personal situation versus a unique physical condition associated
with the subject property. Please see the petitioner’s responses to variations.
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 requested variances are self-created as the subject property already contains a
deck, room addition on the principle structure, and other lawn features that reduce the available
space for the proposed shed given their placement. Additionally, the petitioners have an option
to remove the existing shed and install, with a permit, a shed size and orientation that could be
accessible to the property owners and meet required accessory structure location requirements.
Please see the petitioner’s responses to variations.
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: No property rights will be diminished with the denial of these variation requests. The
property owner has existing spaces to utilize as storage or has the option to replace the existing
shed structure with a new shed with a size and orientation that can be better accommodated on
the site and still fits within the guise of the Zoning Ordinance requirements. All single-family
residences are governed by the same size, location, and setback requirements for accessory
structures. Please see the petitioner’s responses to variations.
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 16
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: Granting the two variances for the shed will create a special privilege for the subject
property owner compared to all other homes on this block and within the City who have code
compliant sheds. The owners have the capability to utilize the buildable area of their property for
storage purposes while still complying with the Zoning Ordinance. There is no alleged hardship or
practical difficulty with the subject property to warrant the variances. Please see the petitioner’s
responses to variations.
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 existing 81.60-square foot shed located in the interior side yard is not in harmony
with the surrounding residential development in the area and does not match the goals and
objects outlined in the Comprehensive Plan. Accessory structures in line with the size and location
requirements specified in the Zoning Ordinance are prevalent throughout the surrounding area
and the City as a whole. Allowing a shed in the current location and in violation of these code
requirements will set a precedent for excessive shed requests in potentially unsafe locations.
Please see the petitioner’s responses to variations.
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 are other remedies available, aside from the variations, which permit a
reasonable use of the subject lot. One remedy would be to utilize existing unobstructed space on
the site to locate the proposed shed. Another remedy could be the replacement or alteration of
the existing obstructions in the area where the shed is proposed to meet the location
requirements pursuant to the Zoning Ordinance. Please see the petitioner’s responses to
variations.
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 minimum extent for the proposed variations have not been met. The subject
property currently contains ample room within the buildable area to sufficiently accommodate
the proposed shed without any variations. The alleged hardship raised by the property owner is
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 17
a personal hardship, not a physical hardship with the subject property. The extent of the
requested variances are not warranted given the opportunity to fully utilize the available space
on site and still meet the current zoning regulation.
Recommendation: Staff recommends denial 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,
for the proposed variations at 994 Hollywood Avenue.
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 variances for the installation of an accessory structure located within the
interior side yard and located less than five-feet from the property line at 994 Hollywood Avenue.
A motion was made by Board Member Fowler, seconded by Board Member Hofherr, to approve a
Standard Variation under Section 12-7-2(J) of the Des Plaines Zoning Ordinance, as amended, to allow
an accessory structure to be constructed within 2’ of the property line when 5’ is required and the
approval of any other such variations, waivers, and zoning relief as may be necessary, at the property
located at 994 Hollywood Avenue.
AYES: Fowler, Hofherr, Catalano, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY ***
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 18
4. Addresses: 1050 East Oakton Street Case Number: 21-019-PPUD-TSUB-MAP-CU
1090-1100 Executive Way, 1555 Times Drive Public Hearing
The petitioner is requesting the following items: (i) a Preliminary Planned Unit Development (PUD) under
Section 12-3-5 of the Des Plaines Zoning Ordinance, as amended; (ii) a Conditional Use for a Planned Unit
Development under Section 12-3-4 of the 1998 Des Plaines Zoning Ordinance as amended; (iii) Tentative
Plat of Subdivision under Section 13-2-2 of the Subdivision Regulations; and (iv) a Map Amendment under
Section 12-3-7 of the 1998 Des Plaines Zoning Ordinance as amended to rezone the subject property from
C-3, General Commercial District to R-3, Townhouse Residential.
PINs: 09-20-316-020-0000; -021-0000; -023-0000; -024-0000; -025-0000; -026-0000;
09-20-321-005-0000; 09-20-322-001-0000
Petitioner: Marc McLaughlin, M/I Homes of Chicago, LLC
Owner: 1090-1100 Executive Way, LLC; Times Drive, LLC; Oakton Mannheim LLC
Acting Chairman Saletnik swore in Julie Workman of Levenfeld Pearlstein, LLC, Rich Olson of Gary R Weber
and Associates , and Marc McLaughlin of M/I Homes of Chicago, LLC.
Ms. Workman provided an overview of the request and stated that all necessary actions have been
completed; transit-orientated development will consist of 125 townhomes and is in line with the City’s
Comprehensive Plan.
Mr. McLaughlin provided an overview of M/I Homes and provided additional information on the
proposed site.
Acting Chairman Saletnik asked if the Board had any questions.
Acting Chairman Saletnik inquired about current locations of developments built by M/I Homes. Mr.
McLaughlin stated that there are townhome developments in nearby Arlington Heights, Rolling Meadows,
and Northbrook. There is a single home development in Lake Zurich. Mr. McLaughin also stated that M/I
Home developments are split, with approximately 50% townhome developments/50% single family
homes.
Member Fowler inquired about single-story townhomes. Mr. McLaughlin stated that M/I Homes is
developing a two-story townhome to be released Spring 2022, however, that is not an option for the
Halston Market development.
Member Hofherr expressed a desire for a ranch-style townhome development.
Acting Chairman Saletnik inquired about the floor plan of the homes and square footage. Mr. McLaughlin
stated that each home will be between 1,600 and just under 2,000 square feet, with three levels;
basement level (garage, foyer), main level (kitchen and living space), and second floor (bedrooms).
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 19
Member Fowler inquired about the price point of the units. Mr. McLaughlin stated that units begin in
the $200’s, with closing in the $300’s, there will be five different unit templates, each with their own
pricing.
Acting Chairman Saletnik stated that the development is high quality, attractive and adds value to the
area.
Member Catalano inquired about moving the buildings near the property line to an area of green space.
The Petitioner stated that the green space is the low point of the property and will be used to regulate
stromwater. Mr. McLaughlin stated the pond relocation may be considered, but the pond is located in
the outfall and may be difficult to move.
Member Fowler asked the Petitioners to address the issue with the fence, and to consider increasing the
height of the fence at the north lot line for additional screening and privacy. Member Fowler commented
that the proposed development is a marked improvement of what is existing and urged the Petitioners to
“be good neighbors”.
Member Fowler inquired about the timeline for the completion of the stoplight at Lee & Forest. Director
McMahon stated that the project should be substantially complete by August.
Acting Chairman Saletnik asked if there were any questions or concerns from the public. The following
comments were heard:
Tony Chamas, 1061 Wicke Ave, Des Plaines: Stated that he moved into the neighborhood
eight years ago and it is a quiet residential neighborhood. Mr. Chamas stated that he is
uncomfortable with a 120-unit development 29 feet from his window. Mr. Chamas also stated
that he was not aware of this development and did not receive notice.
Rosa Carrerra and Sean Chizmel, 1099 Wicke Ave, Des Plaines: Stated that the development
is right in their backyard and the area is currently a dump yard. Ms. Carrera does not want a
three-story building behind a fence. Ms. Carrera also stated that the area also is highly
congested with traffic due to the Jewel and construction projects; she appreciates the
developers looking at Des Plaines for building, but urged a different site. Mr. Chizmel inquired
about the traffic studies, current eastbound Oakton only has center lane turn lane. Mr.
Chizmel also suggested a higher than six foot privacy fence if the development is approved.
Mike and Vickie Benzinger, Des Plaines: The Benzingers’ provided comments on traffic in the
area, using the neighboring as a cut-through to bypass the Oakton & Lee light. They also
commented on the traffic generated by Maine West High School and Beacon Tap. Ms.
Benzinger also commented on public safety, especially a fire concern, and infrastructure
concerns, and stated that she has pictures that she plans on sending to Ald. Brookman. Ms.
Benzinger concluded that she would rather a single home development or warehouse use
with Monday-Friday business hours. Overall, they want to enjoy their backyard and neighbors
and are against the development.
Michael Madden, Des Plaines: Mr. Madden inquired about the process for the public hearing
and confirmed that this is the first step. Mr. Madden asked if there was any need for imminent
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 20
domain, regarding the two properties near Jewel, staff responded that there has been no
discussion to that affect. Mr. Madden also commented on the eight foot fence near Jewel that
is rotted and needs to be replaced, he suggested a minimum of a sixteen foot fence for
privacy.
Mr. McLaughlin provided the following responses to resident comments:
Resident notification was handled at the municipal level and the Developer was not involved in
that process.
The egress/ingress of the property is located off Oakton. The Developers have completed a traffic
study completed by KLOA, the study dictated that an additional traffic light was not warranted.
Mr. McLaughlin stated that traffic studies are determined by the frequency of movement, the
movement dictates the need for additional traffic signals. City staff is in receipt of the full version
of the traffic study.
Mr. McLaughlin stated that they plan on keeping the existing tree line, with the closest buildings
21-feet from the property line.
Rich Olson provided the following responses to resident comments:
Mr. Olson highlighted the landscape plan including the buffering measures with heavy screening
of vegetation. There are currently an excess of over 50 trees in the rear, near the property line
and hope to continue the additional screening. Mr. Olson clarified which buildings are proposed
to be sited within the rear yard (20-21-foot setback) There are four buildings that require this
exception.
Mr. Olson provided an orientation of the subdivision, parking and landscape features. The
parking minimum requirement would be met.
Mr. Olson also stated that this was a first submission and they are open to feedback.
Mr. Chamas had a concern about the vegetation and was offended by the statement “high quality brick
for the area”. Mr. Olson responded that trees will be planted in accordance with the code requirements.
Mr. Olson further stated that he did not mean for his comment to be offensive, but that the building
materials are high quality and will be used in Des Plaines.
Mike Benzinger asked the Petitioners how far off the fence line the buildings would be built. Acting
Chairman Saletnik referred to the site plan, there is green space and parking adjacent to the property line;
one building is approximately 21 feet from a fence line, while another is approximately 45 feet from a side
lot, with the area heavily landscaped.
Mr. Benzinger inquired further about the traffic study, stating that three people have been killed in the
area over the past ten years. Mr. Benzinger also questioned putting a single-family home development in
the location instead of townhomes. Ms. Workman stated that due to the proximity of the proposed
Oakton Metra station, the City had a wish list item for a transit-orientated development, this project hopes
to meet that need. The project is well-suited to achieving the City’s goals as in line with the Comprehensive
Plan and Oakton Street Corridor plan.
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 21
Ms. Workman also stated that the conclusions of the traffic study can be found on page 52 of the
informational packet. Ms. Workman continued that IDOT approves traffic signals, and from the findings
of the traffic study a signal would not be warranted. The development will have pedestrian walkways to
promote safety. Ms. Workman provided some information on the increase of traffic due the pandemic,
with people being home, picking-up/dropping-off children, and that traffic should normalize as we move
toward pre-pandemic normalcy.
Ms. Vickie Benzinger expressed concern over traffic, especially with the state of parking lots for Jewel and
Starbucks. Ms. Workman stated that the development plans to having walking paths for connectivity to
local shopping centers.
Ms. Carrera inquired about the building process and how long the project would take to completed. Mr.
McLaughlin stated that once the development is approved through the municipal process, they plan to
break ground Spring 2022. The development will be completed in two phases, a north and south, and
should take approximately six months for land development and a model, pending adequate approvals.
Acting Chairman Saletnik asked Staff to walk through the application process. Direct McMahon responded
with the following process:
1. Public Hearing for Preliminary Planned Unit Development at Planning & Zoning Board Meeting
2. Preliminary Planned Unit Development item at City Council Meeting
3. Engineering Department Review
4. Public Hearing Final Planned Unit Development at Planning & Zoning Board Meeting
5. Final Planned Unit Development at City Council Meeting
Acting Chairman Saletnik reminded the audience that the Public Hearing is an opportunity for positive
dialogue with the Developers.
Acting Chairman Saletnik stated that this development has been the most sensitive and to scale compared
to other developments is the same site.
Member Catalano inquired about how long the property has been vacant. Mr. Carlisle stated that the
previous building was demolished in 2013, and the property has been cleared throughout the years. Mr.
Carlisle noted that there have been several code violations on the site. He also mentioned large vacancies
in neighborhoods are a drag to property values.
Acting Chairman Saletnik asked that the Staff Report be entered into record. Economic Development
Manager Carlisle provided a summary of the following report:
Issue: The petitioner is requesting the following under the Zoning Ordinance: (i) a Preliminary PUD under
Section 12-3-5; (ii) a Conditional Use for a PUD under Section 12-3-4; and (iii) a Map Amendment to rezone
the subject property from C-3, General Commercial District to R-3, Townhouse Residential under Section
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 22
12-3-7. The petitioner also requests a Tentative Plat of Subdivision under Section 13-2-2 of the Subdivision
Regulations. Finally, under Section 8-1-9 of the Municipal Code, the petitioner will seek a Vacation of
Public Streets to be approved by the City Council.
Owner: 1090-1100 Executive Way, LLC; Times Drive, LLC;
Oakton Mannheim, LLC
Petitioner: Marc McLaughlin, M/I Homes of Chicago, LLC
Case Number: 21-019-PPUD-TSUB-MAP-CU
PINs: 09-20-316-020-0000; -021-0000; -023-0000; -024-0000; -025-0000; -
026-0000; 09-20-321-005-0000; 09-20-322-001-0000
Ward: #5, Carla Brookman
Existing Zoning: C-3, General Commercial District
Existing and Historical
Land Use: Vacant; site formerly contained Grazie restaurant and banquet hall,
which was demolished in 2013, as well as office buildings and surface
parking
Surrounding Zoning: North: R-1, Single-Family Residential
South: C-3, General Commercial and C-4, Regional Shopping
East: C-3, General Commercial, and C-4 Regional Shopping
West: C-3, General Commercial
Surrounding Land Use: North: Single-family detached homes
South: Restaurants and retail goods
East: Services (Vision Care), restaurants, retail goods (Jewel-Osco
grocer)
West: Post office
Street Classification: Oakton Street is classified as an arterial roadway. Times Drive and
Executive Way are local roadways.
Comprehensive Plan
Illustration The Comprehensive Plan illustrates this property as commercial
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 23
Preliminary Planned Unit Development (PUD)
Project Summary:
The petitioner is proposing a full redevelopment of 11.2 contiguous acres of vacant property at 1050 East
Oakton Street, 1090-1100 Executive Way, and 1515 Times Drive. The proposal is for a residential-only
development of 125 townhouses, tentatively branded as Halston Market. Seven townhouses would have
two bedrooms, and 118 would have three bedrooms. The units would be horizontally connected to each
other and spread across 23 separate buildings. Each building would be three stories with each unit having
a ground-floor, two-car, rear-loaded garage (i.e. facing inward, not toward public streets or private drives).
Walkways would connect unit front doors to public and private sidewalks.
Each building will also have balconies and include landscaped grass front yards. However, the amount of
private open space per unit is minimal, as the concept is built around shared open space. Centrally located
on the site would be a landscaped common plaza area of 14,000 square feet with benches, plantings,
walkways, and open green space.
There is also a 10,605-square-foot common area oriented north-south between the buildings in the
southwest portion. In the southeast portion, a stormwater detention area (“dry” basin, not a pond) of
approximately 69,050-square feet (1.6 acres) is shown, with 21 adjacent surface parking spaces
intended for visitors. Fifteen additional spaces intended for visitors are interspersed through the
development for a total of 286, which would meet the parking minimum of Section 12-9-7.
The Building Design Review requirement under Section 12-3-11 would apply. In general, the applicant is
proposing that for the elevations that would face public streets, the primary material is face brick on all
three stories with projections of complementary vinyl. Elevations that would not face public streets
contain face brick only on the ground floor, and where garage doors are shown, the brick is interrupted.
Considering the large scale of the redevelopment, the proposal is somewhat restrained in tree removal.
According to the petitioner, healthy trees in the existing row at the north lot line will be preserved and
augmented where necessary. Together, these plantings along with existing and proposed fencing should
serve as effective screening and separation between the development and the single-family residential
neighborhood to the north and the commercial development to the east. New plantings throughout the
development appear to provide both functional and aesthetic benefits.
At this time, the petitioner is requesting the following bulk exceptions under Section 12-3-5 from the
regulations for the proposed R-3 district:
Minimum lot area: Seventy-nine units are proposed with a lot area of 923 square feet, and 46 units are
proposed at 1,038 square feet. The proposed lot area for each unit includes only the livable space inside
the building and a small landscaped front yard. All other area in the development (e.g. open space,
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 24
driveways, stormwater detention) is allocated not to dwelling units but instead to the development
overall. The minimum lot area per dwelling unit is 2,800 square feet.
Minimum rear yard (north): A setback of 20.63 feet is proposed where the minimum rear yard setback is
25 feet.
Regarding streets and access, the petitioner proposes that the north-south portion of Executive Way –
where it connects to Oakton and borders the post office – would remain a public street. However, at the
curve it would become a private drive, which requires a public street vacation of approximately 21,000
square feet. Similarly, a portion of Times Drive (approximately 7,700 square feet) would also be vacated
and become private. This does not align with the submitted Tentative Plat of Subdivision.
The traffic statement discusses the parking and trip generation for the proposed townhouse development
in more detail. The Illinois Department of Transportation (IDOT), citing existing signalized intersections at
Lee Street and Webster Lane (1,600 feet apart), does not support the creation of an additional signalized
intersection at Oakton. For pedestrians this will require using the north side of Oakton before reaching a
marked crossing, approximately 700-800 feet in each direction (three-to-five-minute walk for an able-
bodied person).
Map Amendment & Conditional Use
Request Summary:
The petitioner has requested a map amendment to rezone the subject property from C-3 General
Commercial to R-3 Townhouse Residential. Although the site is illustrated as commercial in the 2019
Comprehensive Plan, the 2009 Oakton-Elmhurst Plan sets forth a vision with residential occupying much
of the site – albeit with some commercial fronting Oakton Street. Nonetheless, R-3 is present about 1,000
feet to the west and does directly border Oakton Street (Fairmont Place development).
In general, residential is necessary proximate to commercial areas to support their vitality, and while this
project would front Oakton Street, it would not front Lee Street, which would preserve commercial use
at the main intersection of the Oakton-Lee area. The creation of the Oakton-Lee TIF district, as well as the
City’s vision to establish a Metra commuter train station at Oakton and the North Central Service line,
calls for adding residential units in the vicinity and activating vacant sites through unsubsidized
development to raise the assessed value of the TIF. Improving the vacant land with this proposal would
accomplish those goals
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 25
Other than the listed exceptions under Preliminary Planned Unit Development, the proposed
development would meet all other R-3 bulk regulations as excerpted in the table to follow:
Bulk Regulations for R-3 Townhouse Residential
*An exception would be required to the minimum required rear yard.
A conditional use is required in R-3 by virtue of the proposed PUD.
Tentative Plat of Subdivision
Request Summary:
The petitioner is requesting a Tentative Plat of Subdivision to resubdivide the subject property. Under
Section 13-3-1 the Subdivision Regulations require improvement of adjacent rights-of-way, which means,
for example, that Executive Way next to the Post Office will receive new curb, gutter, and resurfacing.
Further, under Section 13-4 the Subdivision Regulations require park land dedication and/or fee-in-lieu,
although proposed private open space could provide a partial offset.
The existing property contains eight lots, which would be divided into lots for each individual townhouse
unit (125), plus six lots for common areas, private drives, and the stormwater detention area for a total
of 131. The new subdivision will encompass the entire 11.2-acres as shown in Attachment 6. The
petitioner’s Tentative Plat shows that the size of each townhouse parcel will vary from 923 square feet in
size for interior units to 1,038 square feet in size for end units. The Tentative Plat also shows the following
existing easements: (i) a 13-foot Public Utility Easement and 20-foot building line on both sides of
Executive Way throughout the development; (ii) a 13-foot Public Utility Easement and 20-foot building
line on both sides of Times Drive throughout the development; (iii) a 20-foot building line along Oakton
Street on the south side of the lot; (iv) a ten-foot electric and telephone easement and 24-foot ingress,
egress, and driveway easement behind the commercial development on the south side of the lot; (v) a 23-
foot public utility easement along the existing drive aisle east of the proposed detention area; (vi) a 15-
Yard Required Proposed
Front Yard (South) Min.: 25 Feet 25 Feet
Rear Yard (North)* Min.: 25 Feet, if
Building Height
< 35 feet About 21 Feet
Side Yard (East) Min: 5 Feet 22 Feet
Corner Side Yard
(West) Min: 10 Feet 21 feet
Building Height
Max: 45 Feet
Three stories
(About 35 feet)
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 26
foot public utility easement along the east property line of the development; and (vii) a five-foot public
utility easement located along the north property line of the development.
The proposal includes vacating a portion of Executive Way and Times Drive with their respective
easements, which is described in more detail below.
Vacation of Public Streets
Request Summary:
As described in the Project Summary on Pages 2-3, the applicant will seek vacations of public streets. It is
unclear in the submission if the private drives will be gated at the point they intersect with public street
segments (for example, at the Executive Way curve). Furthermore, regarding Times Drive, the commercial
property at the northeast corner of Times and Oakton relies on Times for access, so it is recommended
the City retain the southernmost approximately 110 linear feet, with the redevelopment agreement
stating that townhouse owners will be responsible for maintenance of this segment. The City is in the
process of appraising the right-of-way areas, and staff recommends that executing the agreement(s) and
recording the corresponding plat is a condition for final approval.
Alignment with the 2019 Comprehensive Plan
Under Overarching Principles:
The principle to “Provide a Range of Housing Options” mentions “high-quality townhomes” in general and
recommends, “For the Oakton Street Corridor, it is recommended that the City update … zoning … to
permit townhomes, rowhomes, and mixed-used development.”
Under Land Use & Development:
The Future Land Use Plan illustrates the property as commercial. While the proposal does not align, it may
be seen as a reasonable concept to support nearby commercial uses and the theme that the Oakton-Lee
intersection should be anchored by commercial.
Under Housing:
There is a recommendation to “Ensure the City has several housing options to fit diverse needs.”
Townhouses appeal to a wide range of potential households and provide a middle ground between the
heavy supply (proportionally) of single-family detached homes and apartments/condominiums.
Alignment with the 2009 Oakton Street/Elmhurst Road Corridor Plan
This proposal coincides with the vision to develop a portion of a large site with residential,
although the plan calls for multifamily and the proposal is for single-family attached.
However, because residential would occupy the entire site, it is likely the number of units
envisioned in the general area is more or less aligned.
However, the proposal does not include any commercial, and the plan called for both
residential and commercial (mixed use). In the concept sketch, generally small, standalone
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 27
commercial buildings akin to Vision Care, Dunkin Donuts, and Charcoal Delights are shown
at the Oakton frontage.
Alignment with the 2019 Oakton Station Feasibility Study
The study includes the subject site in the proposed station area because it is within a half-mile
radius (10-minute walk). The study suggested that a new Metra station could attract transit-
oriented development (TOD) in the form of multifamily, office, and retail. However, TOD tends
to follow after the transit operator has formally committed to the station or after it is
operational.
While not as dense as the multifamily residential typically found next to Metra stations, this
proposed townhouse residential development would add an estimated 300 residents to the
area (based on the resident projections in the Subdivision Regulations). These new residents
would grow the market of potential riders and bolster the City’s case for having a station.
PUD and Conditional Use Findings
As required, the proposed development is reviewed below in terms of the findings contained in 12 -3-4
and 12-3-5 of the Zoning Ordinance:
A. The extent to which the Proposed Plan is or is not consistent with the stated purpose of the PUD
regulations in Section 12-3.5-1 and is a stated Conditional Use in the subject zoning district:
Comment: A PUD is a listed conditional use in the R-3 zoning district. The proposed project meets the
stated purpose of the PUD. Additionally, the redevelopment of the subject parcels will enhance the
neighboring area, but also be cognizant of nearby land uses. Please also see the responses from the
applicant.
B. The extent to which the proposed plan meets the prerequisites and standards of the planned unit
development regulations:
Comment: The proposed development will be in keeping with the City’s prerequisites and standards
regarding planned unit development regulations. Please also see the responses from the applicant.
C. The extent to which the proposed plan departs from the applicable zoning and subdivision
regulations otherwise applicable to the subject property, including, but not limited to the density,
dimension, area, bulk, and use and the reasons why such departures are or are not deemed to be in the
public interest:
Comment: The proposed project is in-line with the intent of a PUD as there are exceptions being
requested to accommodate the specific design of this mixed-use development, which allocates much of
its land to common areas to appeal to households to whom it is marketed. Please also see the responses
from the applicant.
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 28
D. The extent to which the physical design of the proposed development does or does not make
adequate provision for public services, provide adequate control of vehicular traffic, provide for, protect
open space, and further the amenities of light and air, recreation and visual enjoyment:
Comment: All provisions for public services, adequate traffic control and the protection of open space are
would be accommodated in the proposed development. Please also see the responses from the applicant.
E. The extent to which the relationship and compatibility of the proposed development is beneficial or
adverse to adjacent properties and neighborhood:
Comment: The proposed development serves as a transition between single-family development to the
north and corridor commercial development to the south and east. Additionally, considerations will be
made to mitigate impact on the nearby residential uses from light and noise pollution. Please also see the
responses from the applicant.
F. The extent to which the proposed plan is not desirable to physical development, tax base, and
economic well-being of the entire community:
Comment: The proposed project will contribute to an improved physical appearance by removing a large,
vacant, visually unappealing property. Such a significant improvement will contribute positively to the tax
base – of the City overall and the Oakton-Lee TIF – and economic well-being of the community. Please
also see the responses from the applicant.
G. The extent to which the proposed plan is in conformity with the recommendations of the 2019
Comprehensive Plan:
Comment: The proposed development meets general goals and objectives of the Comprehensive Plan.
Please also see the responses from the applicant.
Map Amendment Findings
As required, the proposed development is reviewed below in terms of the findings contained in 12-3-7 of
the Zoning Ordinance:
A. 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:
Comment: The proposed amendment is consistent with general guidance and vision, if not the property
illustration future land use map. Please also see the responses from the applicant.
B. Whether the proposed amendment is compatible with current conditions and the overall character
of existing development in the immediate vicinity of the subject property;
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 29
Comment: Townhouse residential is already present on the north side of Oakton in the vicinity and would
be complementary to and bolstering of desired commercial character nearby. Please also see the
responses from the applicant.
C. Whether the proposed amendment is appropriate considering the adequacy of public facilities and
services available to this subject property;
Comment: Public facilities and services must be made available to the subject property, even after public
street vacations. Please also see the responses from the applicant.
D. Whether the proposed amendment will have an adverse effect on the value of properties throughout
the jurisdiction; and
Comment: The amendment would likely lead to redevelopment and the elimination of a large, vacant
property that is a drag on property value. To that end, it would be an enhancement of property value.
Please also see the responses from the applicant.
E. Whether the proposed amendment reflects responsible standards for development and growth.
Comment: The proposed development complements existing development and is a good first step in
achieving the revitalization desired through the Oakton-Lee TIF and Oakton train station feasibility study.
Additionally, screening considerations, particularly at the north lot line, will be made to reduce any impact
on the nearby residential uses from light and noise pollution. Please also see the responses from the
applicant.
Recommendation:
Staff supports the Preliminary PUD; Conditional Use for PUD, Map Amendment from C-3 to R-3, and
Tentative Plat of Subdivision subject to the following conditions:
1. The necessary redevelopment agreement and Plat of Vacation should be negotiated with and
approved by the City prior to recording of any Final PUD Plat or Final Plat of Subdivision. All
preliminary or tentative plats should be revised, if necessary, to reflect the agreed-upon
vacations.
2. The governing documents for the subject parcels will be reviewed and approved by the City
Attorney prior to the recording of any Final PUD Plat or Final Plat of Subdivision.
3. All proposed improvements and modifications shall be in full compliance with all applicable codes
and ordinances. Drawings may have to be modified to comply with current codes and ordinances.
Planning and Zoning Board Procedure:
The Planning and Zoning Board may vote to recommend approval, approval with modifications, or
disapproval. The City Council has final authority over the Preliminary Planned Unit Development, the
Conditional Use, the Map Amendment, the Tentative Plat of Subdivision, and the Vacation of Public
Streets requests for 1050 East Oakton Street.
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 30
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the
Preliminary Planned Unit Development, the Conditional Use, the Map Amendment, the Tentative Plat
of Subdivision, and the Vacation of Public Streets requests for 1050 East Oakton Street, with the
following conditions: (i) The necessary redevelopment agreement and Plat of Vacation should be
negotiated with and approved by the City prior to recording of any Final PUD Plat or Final Plat of
Subdivision. All preliminary or tentative plats should be revised, if necessary, to reflect the agreed-upon
vacations (ii) The governing documents for the subject parcels will be reviewed and approved by the
City Attorney prior to the recording of any Final PUD Plat or Final Plat of Subdivision and (iii) All
proposed improvements and modifications shall be in full compliance with all applicable codes and
ordinances. Drawings may have to be modified to comply with current codes and ordinances.
AYES: Hofherr, Catalano, Fowler, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY ***
Case 21-025-FPLAT 10 S River Rd Final Plat of Subdivision
Case 21-017-TSUB-V 1041 North Ave Tentative Plat of Sub/Standard Var
Case 21-022-V 994 Hollywood Ave Standard Variation
Case 21-019-PPUD-TSUB … 1050 E Oakton … Prelim PUD/Cond Use/Map
Amend/Tent Plat
June 22, 2021
Page 31
ADJOURNMENT
The next scheduled Planning & Zoning Board meeting is Tuesday, July 13, 2021.
Acting Chairman Saletnik adjourned the meeting by voice vote at 8:36 p.m.
Sincerely,
Wendy Bednarz, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners