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02/12/2013 DES PLAINES ZONING BOARD OF APPEALS February 12, 2013 MINUTES The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, February 12, 2013, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD OF APPEALS PRESENT: Catalano, Porada, Saletnik, Schell, Seegers, ABSENT: Hofherr, Szabo Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:32 P.M. Chairman Seegers directed that the following case would be heard: Case 13-002-CU: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a money transfer (Currency Exchange) operation in the C-3 District. A motion was made by Board Member Catalano seconded by Board Member Saletnik to approve the minutes of the January 8, 2013, hearing. AYES: Catalano, Porada, Saletnik, Schell, Seegers NAYES: None MOTION CARRIED ***** 1643 E. Oakton Street Case 13-002-CU The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a money transfer (Currency Exchange) operation in the C-3 District. Petitioner: Dolex Dollar Express, 4000 W. 26th Street, Chicago, IL 60623 Owner(s): Elizabeth J. McGuire-Giovanni, 746 S. Fourth Avenue, Des Plaines, IL 60016 The following individual was sworn in: Mario Kywi Mr. Kywi briefly described the request noting that the company is currently operating at 1401 Prairie Avenue, but wishes to relocate the location on Oakton Street. Attachment 6 Page 1 of 5 Chairman Seegers asked if the location on Prairie was similar in size to the location on Oakton Street. Mr. Kywi confirmed it was. Chairman Seegers inquired about the number of customers, parking available, hours of operations, and staffing. Mr. Kywi stated that approximately 20-25 customers were anticipated per day with the average transaction lasting 5 minutes. The business would operate from 8:00 a.m. to 8:00 p.m. weekdays and 8:00 a.m. to 7:00 p.m. on weekends. There would be 2-4 employees with two shifts per day. Mr. Kywi also answered that on-street parking is available. Board Member Catalano asked about on-site parking and the availability of the diagonal parking on Linden Street. My Kywi responded that there is room for 3-4 parking spaces on-site at the rear of the building and that the parking on Linden Street was open to the public. Board Member Saletnik asked the petitioner to describe the services offered. Mr. Kywi stated that money transfer was available both domestically and internationally. Additional services include money orders and sales of phone cards. Board Member Saletnik asked if there would be other services provided such as a notary public. Mr. Kywi stated that they would not offer notary services, check cashing, or loans, although the company is considering offering personal/pay-day loans in the future. Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report. Mr. Mangum summarized the following staff report for the record: Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of a money transfer (Currency Exchange) operation in the C-3 District. Analysis: Address: 1643 E. Oakton Street Petitioner: Dolex Dollar Express, 4000 W. 26th Street, Chicago, IL 60623 Owner(s): Elizabeth J. McGuire-Giovanni, 746 S. Fourth Avenue, Des Plaines, IL 60016 PINs: 09-28-100-008 Plan of Operation The Currency Exchange facility would be open Monday through Friday from 8:00 am to 8:00 pm, Saturday from 9:00 am to 7:00 pm, and Sunday from 9:00 am to 6:00 pm and would have 2 employees. Services offered would be money transfer, money orders, utility bill payment, and sales of pre-paid telephone cards and/or telephone services. Existing Use Vacant tenant space in multi-tenant commercial building Surrounding Land Use North: Commercial East: Commercial South: Single-Family Residence West: Commercial Attachment 6 Page 2 of 5 Existing Zoning C-3, General Commercial Surrounding Zoning North: C-3, General Commercial East: C-3, General Commercial South: R-1, Single-Family Residential West: C-3, General Commercial Street Classification Oakton Street is designated as a collector street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends Low Density Mixed Use. In reviewing the conditional use request, staff has considered the following information: The applicant, Mario Kywi for Dolex Dollar Express, Inc., has requested a Conditional Use Permit to operate a money transfer (Currency Exchange) business at 1643 E. Oakton Street. The existing one-story, 3-tenant, approximately 3,040 SF building is located on a lot with a total area of approximately 4,200 square feet at the southwest corner of Oakton and Linden Streets. The applicant would operate a money transfer business within an approximately 512 square foot tenant space that fronts on Oakton Street. Other tenants include a truck driving school which occupies the corner of the building with an entrance on Oakton Street and a dance studio which faces Linden Street. The applicant states the money transfer business would utilize the Dolex money transfer network. Dolex transfers money to locations in a number of foreign countries. The Currency Exchange facility would be open Monday through Friday from 8:00 am to 8:00 pm, Saturday from 9:00 am to 7:00 pm, and Sunday from 9:00 am to 6:00 pm and would have 2 employees. Additional services would include money orders, utility bill payment, and sales of pre-paid telephone cards and/or telephone services. The applicant has operated a location at 1401 Prairie Street in the downtown area for a number of years. A Currency Exchange is a permitted use in the C-5, Central Business District, but require a Conditional Use Permit in the C-3, General Commercial District. The applicant would close the existing location to relocate to 1643 E. Oakton Street. Three shared parking spaces are located in the rear of the commercial building. The applicant anticipates 25 customers per day (two per hour), and states that the average transaction lasts five minutes. The petitioner has requested a waiver of the traffic study. Due to the nature of this request, staff has agreed to waive the traffic study. Conditional Use Standards: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the Zoning Board of Appeals must review the proposed development in accordance with the following standards: A. The proposed conditional use is in fact a conditional use established within the specific Zoning district involved: Comment: A Currency Exchange is a conditional use in C-3, General Commercial Zoning District, as specified in Section 7.3-6.C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed conditional use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The 2007 Comprehensive Plan proposes “Mixed Use- Low Density” development for this section of Oakton Street reflecting a mix of uses within the same building including retail, office, entertainment, and residential uses. The proposed commercial use would occupy an existing multi-tenant commercial building. Attachment 6 Page 3 of 5 C. The proposed conditional use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Currency Exchange would be located within an existing structure. No exterior changes are proposed at this time. D. The proposed conditional use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Currency Exchange are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed conditional use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the conditional use shall provide adequately any such services: Comment: After reviewing the petitioner’s plans, the proposed conditional use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed conditional use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. A condition of approval would allow Police Department review of a security plan. G. The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: Based on the information submitted the proposed Currency Exchange is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network. H. The proposed conditional use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize existing access from Oakton and Linden Streets. Based on the information provided, staff does not find any evidence for significant interference with traffic patterns. I. The proposed conditional use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed conditional use complies with all additional regulations in the Zoning Ordinance specific to the conditional use requested: Attachment 6 Page 4 of 5 Comment: As proposed, the Currency Exchange appears to conform to all other zoning regulations. Recommendation: The Community Development Department recommends approval the Conditional Use Permit request for the establishment of a money transfer (Currency Exchange) operation based on a review of the information presented by the applicant and the findings made above, all in accordance with Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance subject to the following conditions of approval: 1. Operations shall be limited to money transfer, money orders, utility bill payment, and sales of pre-paid telephone cards and/or telephone services. 2. Prior to issuance of a building permit, the applicant shall submit a security plan to the Police Department to the satisfaction of the Chief of Police. Chairman Seegers asked the petitioner to clarify which tenant space in the building would be occupies. Mr. Kywi clarified that it was not the currently occupies space on the corner, but the adjacent empty space that faced Oakton Street. Chairman Seegers asked for members of the audience either in support of or in opposition to the proposal. The owner of the building, Elizabeth J. McGuire-Giovanni, indicated that she was in support of the proposal. Chairman Seegers asked for a motion by the Board. A motion was made by Board Member Saletnik seconded by Board Member Catalano to recommend approval of the Conditional Use Permit request for the establishment of a money transfer (Currency Exchange) operation, subject to the conditions of approval presented in the staff report and with the clarification that adding other services in the future would require modification of the Conditional Use. AYES: Saletnik, Catalano, Porada, Seegers, Schell NAYES: MOTION CARRIED ***** Meeting adjourned at 7:45 p.m. Attachment 6 Page 5 of 5