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09/10/2013Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 1 DES PLAINES ZONING BOARD MEETING SEPTEMBER 10, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, September 10, 2013 at 7:30 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Saletnik Catalano, Porada, Hofherr, Schell ALSO PRESENT: Scott Mangum, Sr. Planner/Department of Community & Economic Development Gale Cerabona, Recording Secretary Chairman Seegers called the meeting to order at 7:33 p.m. Roll call was conducted. Chairman Seegers read the summary of the cases for this evening. APPROVAL OF MINUTES: There were no minutes available to approve. NEW BUSINESS 1. Address: 553 Webford Avenue Case Number: 13-040-V Petitioner is requesting a variation to Section 8.1-3-E of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow construction of an approximately 1,070 square foot accessory structure, including a garage and attached carport, where a maximum of 720 square feet is allowed for a detached accessory structure in the R-1 Zoning District. PIN: 09-17-306-017-0000 Petitioner: Tammy Couture, 553 Webford Avenue, Des Plaines, IL 60016 Owner(s): Tammy Couture, 553 Webford Avenue, Des Plaines, IL 60016 Chairman Seegers swore in the Petitioner, Tammy Couture. Petitioner stated she had a 2-car garage (1/2-acre lot size) and would like to extend it to a 4-car garage with carport (1,070 sq. ft. = 5% of total lot size). Her home was remodeled and now the garage will blend in. Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 2 Chairman Seegers stated the lot is deep and asked if the neighbors’ lots are similar. Petitioner advised – the neighbors don’t mind. Chairman Seegers asked if the side yard is within limits. Petitioner advised – yes, it stays the same. Chairman Seegers asked if the Board had any questions. Board Member Hofherr asked how long the area of the carport has been in existence. Petitioner advised – 6 months. Board Member Hofherr asked why this was completed before it came to the ZBA. Petitioner advised she just completed her home remodeling and kept working. Board Member Hofherr asked if Petitioner applied for a permit. Petitioner advised – she was requested to attend this meeting first. Board Member Hofherr pointed out the concern that this area backs up to the railroad – and asked if a wall would be added at the north end. Petitioner advised there is an 8 ft. fence on the railroad side. Board Member Catalano arrived at 7:42 p.m. Petitioner continued that she likes the area open as she hosts parties. She advised that any junk is placed in the garage. Board Member Hofherr stated if it is visible, patrons in the upper deck of the train could view it. Petitioner stated – ugly is not the goal. Chairman Seegers asked about the garage to the left. Petitioner stated the neighbor’s is set back. Chairman Seegers asked if materials were frame to match the house. Petitioner advised – yes. Chairman Seegers asked if there were any other questions. Board Member Porada asked Staff if this is an after-the-fact request. Staff replied – yes. Board Member Porada asked if this was built without a permit. Staff replied – yes. Petitioner advised – she is an engineer, and a permit was obtained for the house; she just kept on going to complete garage. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a variation to Section 8.1-3-E of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow construction of an approximately 1,070 square foot accessory structure, including a garage and attached carport, where a maximum of 720 square feet is allowed for a detached accessory structure in the R-1 Zoning District. Analysis: Address: 553 Webford Avenue Existing Zoning: R-1, Single Family Residential District PIN: 09-17-306-017-0000 Petitioner: Tammy Couture, 553 Webford Avenue, Des Plaines, IL 60016 Owner(s): Tammy Couture, 553 Webford Avenue, Des Plaines, IL 60016 In reviewing this variation request, staff has considered the following information: Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 3 The 75-foot wide by approximately 284-feet deep (21,300 square feet or 0.49 acres) lot at 553 Webford Avenue is conforming and exceeds both the minimum lot width (55’ would be required of a new subdivision), and lot size (6,875 square feet would be required of a new subdivision). The property is improved with a two-story frame single-family residence with a side driveway and rear detached two-car garage. A 480 square foot (20-foot by 24-foot) carport has been attached to the north side of the existing 590 square-foot garage and is accessed by the existing driveway. The variation requested is to legalize the carport expansion to allow an accessory structure that is larger than the maximum 720 square feet allowed. The existing and expanded structure comply with minimum setback and maximum building coverage requirements. Recommendation: Staff recommends approval of the above-requested accessory structure size variation based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The property substantially exceeds the minimum lot requirements. The expansion of the accessory structure with an attached carport is not visible from the street. Additionally, the carport is constructed without walls and therefore is a less substantial structure. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned variances for size and number of accessory structures in the R-1 zoning district. The City Council has the final authority on the major variation requests. Chairman Seegers asked if there were any further questions or if the audience is in favor or objects. There were no comments. A motion was made by Board Member Szabo, seconded by Board Member Saletnik, to recommend approval (stating that the builder should have known the garage is oversized and a variation was required). AYES: Szabo, Saletnik, Catalano, Seegers NAYES: Hofherr, Schell, Porada ***MOTION CARRIED 4-3*** Chairman Seegers advised that the case will be recommended by ZBA and the City can approve. Petitioner asked why Board Members voted no. Board Member Hofherr stated Petitioner failed to get a permit; therefore, structure was erected illegally. 2. Address: 1645 Elk Boulevard Case Number: 13-042-V Petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the establishment of a Trade Contractor operation in the C-3 Zoning District. PIN: 09-16-300-093-0000, 09-17-404-025-0000 Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 4 Petitioner: Mario Sette Jr., 715 Sunfish Point, Schaumburg, IL 60194 Owner(s): Pasquale Mauro, 1251 Redeker Road, Des Plaines, IL 60016 Chairman Seegers swore in the Petitioner, Mario Sette Jr. & Owner, Pasquale Mauro. Petitioner advised he is the owner of Pavestone Brick Paving and is requesting a permit to operate a construction business out of 1645 Elk Boulevard. He advised he’d like to turn this into an outdoor display offering paver products while running the business there. Chairman Seegers asked if the parking area would change. Petitioner advised – he would stripe out parking spaces for customers (who will sign contracts and select materials). Chairman Seegers asked if the displays will be in the interior or exterior. Petitioner advised – outside. Petitioner distributed documents indicating three options. He stated the building is blue, and the intention is to beautify the property. Board Member Szabo noted he was familiar with the building when Aamco moved in. It was painted blue and looks terrible. Petitioner stated – the building will be painted black soon and revamped with a natural stone façade when monies permit. Board member Szabo asked where the equipment will be parked. Petitioner advised – inside the building; box and dump trucks will be outdoors. Chairman Seegers stated, for the audience, that a paving arrangement on two sides is illustrated via the drawing. Petitioner agreed – yes, more or less; crystal-type art deco fireplaces will also be indoor. Chairman Seegers inquired, with customers coming in, how projects will be determined. Petitioner advised – via advertisements on the internet; they are a member of Angie’s List, and through their referral base. This is not a retail store but a wholesale location (installation service). Chairman Seegers asked if the Board had any questions. Chairman Seegers asked what the general hours of operation will be. Petitioner advised – on Monday- Friday 7 a.m.-5:30 p.m., Saturdays from 7 a.m.-2 p.m., and closed on Sundays; this is a family-run office operation of 3 staff members. Board Member Catalano asked if Petitioner has any issues with conditions that City staff is proposing. Petitioner advised – no. Board Member Porada asked, referencing included email correspondence and layout of parking area, if the non-building parking area needs to be accessible for the general public. Staff responded – yes. Board Member Porada stated that if he viewed this as only material vehicles habiting the area, there would be less of a concern than with employees and customers. Staff advised – yes, it is wise to improve the area. Board Member Porada stated that based on the flow, it seems to be more directed with the general public (who isn’t familiar with the area). Staff concurred. Board Member Porada reminded about the rule and proportion of 4 parking spaces and asked if there should be a handicapped space. Staff stated there should be one as well as a loading zone area. Board Member Porada agreed, stating 1 space needs to be handicapped. Petitioner was asked about the location of vehicle (material) parking. Petitioner reiterated – box and dump trucks will be outdoors, and all other vehicles parked indoors. He continued that no one is allowed to park on the triangular area. Staff concurred – as cars need to park on a paved surface. Board Member Porada Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 5 asked if cars could be parked there (on NW corner) if it were paved? Staff advised – yes and would require a permit. Board Member Porada stated there is also a concern for runoff, and asked if gravel is required. Staff advised – the engineering division could determine that. Petitioner reviewed the logistics and stated that roughly the size of this City Hall room is the amount of pervious surface on the site. Chairman Seegers asked if whole area is fenced. Petitioner advised – yes, it is right up to the edge as the back corner could not be used. Board Member Porada stated it appears that the south part is a creek and is between Elk Boulevard & Weller Creek. He asked if vehicles would be parked in that back corner. Petitioner advised – yes, that is the intent; the whole entire lot is paved except the corner. Board Member Porada asked if it should be paved. Petitioner advised – the corner is farther from the creek and is narrow (perhaps a vehicle could back in). Employees could park inside and leave exterior spaces for customers. Board Member Porada explained it looks too small for the business that might take place. Petitioner advised – there won’t be a lot of traffic. Chairman Seegers advised that when a permit is granted, the specifics would need to be defined. Board Member Porada reiterated that there seems like a lot of jockeying would be going on due to the triangular space. Is there a showroom? Petitioner advised – no, more like a warehouse with a 15 ft. overhead door. Board Member Posada asked if the only entrance/exit is off of Elk Boulevard. Petitioner advised – yes. Board Member Szabo reported that based on how many vehicles the previous owners had inside, there was plenty of room. Chairman Seegers reminded that when a permit is granted, the specifics would be defined. Board Member Saletnik stated that if the business grew with a showroom, it wouldn’t work. Petitioner concurred, and stated he visits the customer location first. Clients subsequently come in by invitation only. Board Member Hofherr complimented that the renderings of the display area are very nice, and indicated that people driving by will see this. He asked if the rear pumps are being removed. Petitioner advised – no, a system will monitor this on a 24-hour basis. There will be Phase I and Phase II environmental testing. Board Member Hofherr stated that, having happened in other cases when materials are placed at the edge of the property adjacent to the creek, they could fall in the creek due to weight; this may be a concern. Petitioner advised – the intent is to stack materials 2 ft. high on a hard surface where skids are illustrated. Chairman Seegers asked if the Board had any further questions. There were none. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, for the establishment of a Trade Contractor operation in the C-3 Zoning District. Analysis: Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 6 Proposed Use Trade Contractor (Pavestone Brick Paving) Petitioner Mario Sette Jr., 715 Sunfish Point, Schaumburg, IL 60194 Owner Pasquale Mauro, 1251 Redeker Road, Des Plaines, IL 60016 PINs 09-16-300-093-0000, 09-17-404-025-0000 Plan of Operation Typical hours of operation would occur from 7:00 a.m. to 5:30 p.m. Monday through Friday and 7:00 a.m. to 2:00 p.m. on Saturday. A total of 8-10 employees could be present; however, most employees would work off-site after reporting to the location. Existing Use Vacant building, previously auto repair Surrounding Land Use North: Commercial Office East: Commercial Office South: Weller Creek/ Elementary School West: Commercial Existing Zoning C-3, General Commercial Surrounding Zoning North: C-3, General Commercial East: C-3, General Commercial South: C-3, General Commercial/ R-1, Single Family Residential West: C-3, General Commercial Street Classification The adjacent section of Elk Boulevard is listed as a local street in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends a Community Commercial use for the site. Pavestone Brick Paving has requested a Conditional Use Permit to operate as a Trade Contractor at 1645 Elk Boulevard in the C-3 Zoning District. The irregularly shaped approximately 26,363 square foot lot is located at the southeast corner of River Road and Elk Boulevard. An approximately 3,900 square foot, one story, brick commercial building with two garage doors is present with a parking area accessible from Elk Boulevard. Pavestone Brick Paving would occupy the entire site. The proposed floor plan includes a small office area with the remainder of the building used for indoor storage of equipment and vehicles. The parking area would accommodate employee parking, customer parking, and parking of company box trucks and dump trucks. The proposed plan of operation includes hours of operation from 7:00 a.m. to 5:30 p.m. Monday Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 7 through Friday and 7:00 a.m. to 2:00 p.m. on Saturday. According to the applicant the location would have limited access from the public in order for customers to sign contracts and choose materials. Outdoor storage of pallets with brick and paving materials is proposed along the southern edge of the parking area. Based on the limited size and operational characteristics as described by the applicant, staff has granted the request for a waiver of a traffic study. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Trade Contractor is a Conditional Use in the 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 recommends Community Commercial for this site. However, a Trade Contractor is a Conditional Use in the C-3 Zoning District. 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 Trade Contractor would be located within an existing structure. No significant exterior changes are proposed at this time. An existing landscaped hedge would help to screen the parking area from Elk Boulevard. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Trade Contractor, as proposed, 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. Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 8 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 Trade Contractor 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 to parking from Elk Boulevard. 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. A condition of approval is included to address any potential runoff issues with the adjacent Weller Creek. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: As proposed, the Trade Contractor appears to conform to all other zoning regulations. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit request for the establishment of a Trade Contractor, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval. 1. Prior to occupancy, all parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. 2. Prior to occupancy, the bushes on the west side of the driveway shall be trimmed and maintained at a height not to exceed 2 feet, from the driveway to 10 feet west. The single tall bush on the east side of the driveway, away from the building, shall be similarly trimmed. If the bushes will not survive at that height, then alternate landscaping that can be maintained at a height of less than 2 feet shall be installed in that section. 3. Prior to occupancy, white crosswalk lines should be installed to extend the sidewalk across the driveway, to help alert vehicles to the potential presence of pedestrians. 4. Prior to occupancy, all barbed wire shall be removed. 5. Outdoor storage of materials shall be limited to the area shown on the Site Plan and shall not exceed 8- feet in height. Material storage shall be maintained in a responsible manner to avoid any sediment or contaminant-bearing runoff into Weller Creek. Such runoff into would represent a violation of the federal National Pollutant Discharge Elimination System (NPDES) regulations. Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 9 Zoning Board of Appeals Procedure: Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned Conditional Use Permit for a Trade Contractor the C-3 zoning district. The City Council has the final authority on the project. Chairman Seegers asked if there were any further questions or if the audience is in favor or objects. There were no comments. A motion was made by Board Member Catalano, seconded by Board Member Szabo, to recommend approval as requested with conditions. AYES: Catalano, Szabo, Saletnik, Hofherr, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Seegers advised that the case will be recommended by ZBA and the City Council can approve. OLD BUSINESS 1. Address: 1143 Lee Street Case Number: 13-039-APL Findings and Final Decision of the Zoning Board of Appeals regarding TitleMax’s Appeal of a decision of the Zoning Administrator. Staff asked that Board Members make a motion to adopt and memorialize the findings and final decision of the Zoning Board of Appeals. Chairman Seegers asked if everyone had a chance to review. Board Member Catalano advised he doesn’t agree with it and asked if he votes yes, would that be stating the document is accurate. Staff advised – yes. A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to adopt and memorialize the findings and fina decision of the Zoning Board of Appeals. AYES: Hofherr, Saletnik, Catalano, Szabo, Schell, Porada, Seegers NAYES: None ***MOTION CARRIED UNANIMOUSLY*** The meeting was adjourned at 8:38 p.m. by unanimous voice vote. Sincerely, Attachment 6 Case #13-040-V 553 Webford Avenue Case #13-042-V 1645 Elk Boulevard September 10, 2013 Page 10 Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 6