11/26/2013Case #13-056-CU 1550 S. Mount Prospect Road
Case #13-059-CU 1157-59 Algonquin Road
Case # 13-061-CU 2063 Frontage Road
November 26, 2013
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DES PLAINES ZONING BOARD MEETING
NOVEMBER 26, 2013
MINUTES
The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, November 26, 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, Senior Planner/Department of Community & Economic Development
Gale Cerabona, Recording Secretary
Chairman Seegers called the meeting to order at 7:32 p.m. Roll call was conducted. Chairman Seegers read the three
cases before the Zoning Board this evening.
APPROVAL OF MINUTES:
A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to approve the
meeting minutes of November 12, 2013.
AYES: Hofherr, Catalano, Saletnik, Schell, Porada, Seegers
NAYES: None
***MOTION CARRIED UNANIMOUSLY (6-0) ***
Board Member Szabo arrived at 7:35 p.m.
NEW BUSINESS
1. Address: 1550 S. Mount Prospect Road Case Number: 13-058-LSA
Petitioner is s requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning
Ordinance, as amended, for the operation a Wholesale Goods Establishment in the C-3 Zoning District.
PIN: 08-24-403-027-0000
Petitioner/Owner: M.I. Subhani, 2254 Parkside Drive, Park Ridge, IL 60068
Chairman Seegers swore in the Realtor, Robert Appel, Koenig & Stray, 2630 Valor Drive, Glenview, IL &
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Petitioner, M.I. Subhani who stated their names and address for the record.
Realtor advised that the property was purchased with the intent of a distribution warehouse. Improvements
have been made. There will be a staff of 10 and almost no walk-in traffic. Company is Z & Z Impex, Inc.
and sells watches, jewelry, etc.
Chairman Seegers asked:
• what the hours of operation are. Realtor replied – 10am-6pm on weekdays, shorter hours on
Saturday, and closed on Sunday.
• how items will be provided to buyers. Realtor advised – they will be picked up.
Chairman Seegers asked if the Board had any questions.
Board Member Szabo asked:
• about delivery and pick-ups. Petitioner advised – most pick-ups are from DHL and UPS (for out-
of-state customer orders). One to three customers typically walk in to order and carry out boxes.
• if the items are relatively small. Petitioner stated – yes.
Chairman Seegers inquired if most traffic is deliveries. Petitioner stated – yes.
Board Member Porada:
• referred to the existing floor plan. Realtor advised – the floor plan has not changed. Meeting,
lunch, and distribution rooms were identified.
• inquired if the floor plan is the same as when the building was purchased – and if the 15 offices
are used for storage. Realtor advised – yes.
Chairman Seegers clarified if the distribution room is the largest. Petitioner advised – there are more than
2,000 items. Staff box up the orders and send them out. Realtor advised – there are rows and rows of
shelves.
Board Member Hofherr:
• noted the application states the company offers wholesale and retail (items). Petitioner advised –
there is no retail. Board Member Hofherr continued that the application states both. Realtor stated
– it was initially noted that way
• asked when the property was purchased. Petitioner advised – December 18, 2012, indicating the
license was obtained, his family arrived, and he became sick – therefore the process was longer.
The building has undergone improvements during the past five months.
• Inquired about all the company names. Petitioner advised – “Imp” refers to the import portion of
company and “Ex” for export. He stated he had a business in Chicago for 13 years at 3918 N.
Pulaski and previously in Elk Grove Village at 2617 W. Greenleaf. Inventory is purchased by
Walgreens, Walmart, etc.
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Board Member Szabo asked the Realtor how long the building was vacant. Mr. Appel advised – three years
and was used as a Union Hall before it went into foreclosure.
Chairman Seegers asked the Board if there were any further questions. There were none.
Chairman Seegers asked Mr. Mangum to summarize the staff report.
Issue: Petitioner is s requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines
Zoning Ordinance, as amended, for the operation of a Wholesale Goods Establishment in the C-3 Zoning
District.
Analysis:
Proposed Use: Wholesale Goods Establishment (Z & Z Impex)
Petitioner/Owner M.I. Subhani, 2254 Parkside Drive, Park Ridge, IL 60068
PIN 08-24-403-027-0000
Plan of Operation Z & Z Impex, Inc. states that they are an importer and wholesale distribution
company for watches, jewelry, purses, bracelets, and rings. Proposed hours of
operation are from 10:00 a.m. to 6:00 p.m. Monday through Friday and from
11:00 a.m. to 3:00 p.m. on Saturday. Four to ten employees would work at the
location.
Existing Use Previously Vacant commercial, now occupied by the application
Surrounding Land Use North: Multi-family Residential
East: Industrial
South: Commercial
West: Commercial/Multi-family Residential
Existing Zoning C-3 General Commercial
Surrounding Zoning North: R-3, Townhouse Residential
East: M-2 General Manufacturing
South: C-3, General Commercial
West: R-3, Townhouse Residential/C-3, General Commercial
Street Classification The adjacent section of Mount Prospect Road is listed as a collector road in the
Comprehensive Plan.
Comprehensive Plan Comprehensive Plan recommends a Community Commercial use for the site
Z & Z Impex, Inc. has requested a Conditional Use Permit to operate a Wholesale Goods Establishment at
1550 Mount Prospect Road in the C-3 Zoning District. The irregularly shaped approximately 25,037 square
foot lot (0.57 acres) is located on the West side of Mount Prospect Road, approximately 300 feet north of
Oakton Street. An approximately 12,000 square foot, one story, brick commercial building with 19 parking
spaces is present.
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Z & Z Impex, Inc. states that they are an importer and wholesale distribution company for watches,
jewelry, purses, bracelets, and rings. Proposed hours of operation are from 10:00 a.m. to 6:00 p.m. Monday
through Friday and from 11:00 a.m. to 3:00 p.m. on Saturday. Four to ten employees would work at the
location. The proposed floor plan is configured with mostly office and stock areas. Because the applicant
stated that there would not be any walk-in customers and a relatively low volume of pick-ups and deliveries
by Fed Ex, UPS, and various distributors the request to waive the requirement for a Traffic Study was
granted by the City’s Engineering Division.
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 Wholesale Goods Establishment 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
Wholesale Goods Establishment 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 Wholesale Goods Establishment 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 Wholesale Goods Establishment 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:
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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 wellbeing of the
community.
G. The proposed Conditional Usedoes 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 Wholesale Goods Establishment 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 Mount Prospect Road. 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:
Comment: As proposed, the Wholesale Goods Establishment 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 Wholesale Goods Establishment, 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 issuance of the Conditional Use Permit, a sign permit shall be obtained for the wall sign
on the east elevation.
2. Prior to issuance of the Conditional Use Permit, the real estate sign in front of the building and the
wall sign on the north elevation shall be removed.
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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, subject
to conditions, or deny the above-mentioned Conditional Use Permit for a Wholesale Goods Establishment
the C-3 zoning district. The City Council has the final authority on the project.
Chairman Seegers asked the Board if there were any further questions.
Chairman Seegers asked if the audience is in favor or objects. There were no comments.
Board Member Catalano asked Petitioner if they are aware and okay with the conditions. Petitioner advised
– yes.
A motion was made by Board Member Szabo, seconded by Board Member Catalano, to approve this petition
with compliance of the two conditions:
• Prior to issuance of the Conditional Use Permit, a sign permit shall be obtained for the wall sign on the east
elevation.
• Prior to issuance of the Conditional Use Permit, the real estate sign in front of the building and the wall
sign on the north elevation shall be removed.
AYES: Szabo, Catalano, Hofherr, Saletnik, Seegers
NAYES: Schell, Porada
***MOTION CARRIED 5-2***
2. Address: 1157-59 Algonquin Road Case Number: 13-059-CU
Petitioner is s requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to establish a Child Care Center in the C-1 Zoning District.
PIN: 09-20-301-011-0000
Petitioner: Wioletta Piertrzak-Szlapczynski, 4N111 Norris Avenue, West Chicago, IL
Owner: SA REO Fund 900, LLC, 7370 N. Cicero Avenue, Lincolnwood, IL 60712
Petitioner introduced herself and husband, Sebastian Szlapczynski, & Chairman Seegers swore in both.
Petitioner explained they’d like to open a day care center that is 2,040 square feet. Hours are from 6am-
6pm Monday-Friday. There will be 40 children with 6 staff (both European & English-speaking). The
mission is to open a Polish Day Care for children. Petitioner used to own a day care in home in Chicago, is
a teacher in a day care school, and has a Master’s Degree.
Chairman Seegers asked:
• if this facility was previously a day care. Petitioner replied – yes and was vacant for two years.
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• asked if a State permit has been obtained. Both Mr. & Mrs. Szlapczynski advised that they were
in the process of obtaining approval from the State
• if days and hours of operation are Monday-Friday from 6am-6pm. Petitioner concurred
Board Member Hofherr:
• asked if Wioletta Piertrzak-Szlapczynski would be present. Petitioner advised – yes
• referred to page 10 noting that a provider will be checking/inspecting the business. Petitioner &
Mr. Mangum concurred.
• inquired if the 2,040 square feet includes the kitchen/total interior. Petitioner advised – yes, with
40 children, there is 35 square feet per child. Staff was asked if this is acceptable. Mr. Mangum
advised – 1040 square feet is shown on the floor plan, which meets the 35 square feet per child
requirement.
Board Member Porada:
• verified the hours and days and also asked if Wioletta Piertrzak-Szlapczynski would be there 12
hours daily. Petitioner advised – no, a staff will be empowered. Wioletta Piertrzak-Szlapczynski
stated she would be there 8-10 hours daily.
• asked if Our Angels Academy Day Care Center of Languages is the name of the business.
Petitioner advised – yes, and “Inc.” (which is being applied for).
• asked if Wioletta Piertrzak-Szlapczynski is aware of a limit of 40 children. Wioletta Piertrzak-
Szlapczynski advised – yes. Sebastian Szlapczynski advised – the provider will review monthly.
• inquired if enrollment will be policed by Department of Children & Family Services (DCFS).
Petitioner advised – yes. Sebastian Szlapczynski stated DCFS will visit 4-6 times monthly then
annually; after the first visit, the visit days/times will be unknown to Petitioners.
• asked Staff if there are three on-street parking spaces. Mr. Mangum advised – yes, in the business
area and then additional on-street spaces west of the location.
• asked if it’s true that Staff recommends children be dropped off in the on-street parking spaces.
Mr. Mangum replied – yes.
• inquired if Staff recommends kids should not be dropped off in driveway. Mr. Mangum agreed –
stating it is a narrow drive that only allows for one-way access.
• asked if there are no restrictions for on-street parking. Mr. Mangum advised – no
• continued, what if parking spots are filled? Mr. Mangum advised – there are on-street parking
spaces further west on Algonquin Road.
Board Member Catalano asked if there is a drive on the side. Board Member Porada reminded – it’s not
wide enough for two-way traffic.
Board Member Hofherr stated he observed the barber shop where people are parking in front and sees a
problem for children pick-ups. It will also be difficult to back up and make a U-turn from the rear parking
lot since a portion of the lot is blocked off for a play area.
Board Member Saletnik asked:
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• Staff if there was a Day Care Center in this location previously. Mr. Mangum advised – yes, and
vacant for more than one year.
• if the operation and parking was successful. Mr. Mangum advised – he is not aware of any
problems. Board Member Szabo advised that the previous owner had no parking issues.
Board Member Hofherr asked what the rules were for square-footage-per-child with previous business. Mr.
Mangum advised – he does not have that information.
Board Member Porada asked:
• if this was in another zoning district. Mr. Mangum advised – it was in the R1 Residential District
until a few years ago. The property owner requested rezoning for commercial use and so it’s now
in the C-1 District.
• Staff regarding 8.5.4 where “A park or similar permanent open space, suitable for supervised
outdoor play, is located within 500 feet of the proposed facility” is stated, are none of the other
facilities present? Mr. Mangum replied – he doesn’t believe so.
• how will the maximum of 16 children in the outdoor play area be enforced? Sebastian
Szlapczynski advised – different ages/groups will be playing outdoors and not 40 children out all
at once.
• Asked if there are any apparatuses or open space
Board Member Catalano asked if Petitioners are aware and okay with the conditions. Sebastian
Szlapczynski replied – yes.
Board Member Szabo asked:
• if lunch will be prepared for the kids in the kitchen? Petitioner advised – she is not sure yet
• where the trash dumpster will be? Sebastian Szlapczynski advised – in driveway at the end, at
fenced-in play area
Chairman Seegers asked if the Board had any questions. There were none.
Chairman Seegers asked Mr. Mangum to summarize the staff report.
Issue: Petitioner is requesting a Conditional Use Permit under Section 7.3-4-C of the 1998 Des Plaines
Zoning Ordinance, as amended, to establish a Child Care Center in the C-1 Zoning District.
Analysis:
Proposed Use: Child Care Center
Petitioner/Owner Wioletta Piertrzak-Szlapczynski, 4N111 Norris Avenue, West Chicago, IL
60185
PIN 09-20-301-011-0000
Plan of Operation Our Angel’s Academy will offer day care services for children from 2 to 6 years
in age within a 2,040 square foot facility with a capacity for 40 children. Our
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Angel’s Academy will employ a maximum of 6 staff members and will be open
from 6 A.M. to 6 P.M Monday through Friday.
Existing Use Vacant Office Building
Surrounding Land Use North: Residential/Commercial
East: Commercial
South: Residential
West: Residential
Existing Zoning C-1 Neighborhood Shopping Commercial
Surrounding Zoning North: R-1, Single Family Residential/C-3, General Commercial
East: C-3 General Commercial
South: R-1, Single Family Residential
West: R-1, Single Family Residential
Street Classification Algonquin Road is a collector street according to the City’s Comprehensive
Plan.
Comprehensive Plan The Comprehensive Plan recommends Single-Family Residential use for the
site.
Our Angel’s Academy has requested a Conditional Use Permit to occupy a 2,040 square-foot commercial
building within the C-1 Zoning District. The approximately 7,322 square-foot lot has approximately 47-feet
of frontage on Algonquin Road.
The proposed plan of operation would allow a maximum of 40 children and 6 employees. Indoor play area
totaling 1,400 square feet is proposed, in addition to a kitchen, restrooms, and an office. Based on the
Zoning Ordinance parking requirements of 1 space per 15 children and one space per employee, 9 parking
spaces would be required. Six parking spaces for staff are proposed behind the building, while pick-up and
drop-off parking is proposed using on-street parking spaces on Algonquin Road. An enclosed outdoor play
area, totaling 1,222 square feet, is proposed at the rear of the property along the south property line.
The traffic impact study prepared by Kenig, Lindgren, O’Hare, and Aboona, Inc. concluded that:
- The proposed daycare center will generate low volume of traffic.
- The additional traffic that will be generated can be accommodated by the roadway system.
- Parents should be directed to utilize the on-street parking spaces on Algonquin Road and/or the
rear parking lot to park when dropping off and picking up their children.
- Three parking spaces should be designated in the rear parking lot for use by parents.
- A staff member should assist in managing the traffic flow in and out of the parking lot during the
peak drop-off and pick-up times.
The City’s Engineering Division has reviewed the traffic study and found it to be adequate, agreeing that
the proposed daycare will not have an undue adverse impact upon the surrounding roadway system.
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However, City staff recommends that all pick-up and drop-off activity should occur using on-street parking
spaces on Algonquin Road because of the narrow one-way driveway that leads to parking in the rear of the
site.
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: Child Care Centers are a Conditional Use in C-1, Neighborhood Shopping Commercial Zoning
District, as specified in Section 7.3-4-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 Child Care Center use is not consistent with the 2007 Comprehensive Plan, which
recommends a Single Family Residential use for this site, however, a Map Amendment to rezone the
property from R-1 to C-1 was approved by the City Council in 2012. A Child Care Center is a Conditional
Use in the C-1 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 Child Care Center would be located within an existing structure. No significant
exterior alterations are proposed to the structure.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: None of the functions of the Child Care Center 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:
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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 wellbeing of the
community.
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: The proposed Child Care Center is not anticipated to create an amount of additional traffic and
parking which cannot be accommodated by the existing street network according the traffic study provided.
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 an existing curb cut on Algonquin Road. The traffic study
did not find any evidence for potential 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: No exterior building alterations are proposed. 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:
Comment: The following regulations are specific to Child Care Centers:
8.7 Child Care Centers.
8.7-1 Child care centers shall in no case may the lot size or required frontage be less than that required by
the zoning district in which the facility is to be located.
• There are no frontage or minimum lot size requirements in the C-1 Zoning District.
8.7-2 Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district.
Additionally, no equipment may be affixed to the land within such side yards.
• The existing building and proposed play equipment shall comply with the C-1 setbacks.
8.7-3 There shall be a minimum of 35 square feet of indoor activity area per child within the structure.
Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in
calculating this requirement.
• The proposed indoor activity area, 1,400 square feet, provides for more than 35 square feet
per child.
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8.7-4 There shall be a minimum of 75 square feet of outdoor activity area per child that could be expected
to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting
all the requirements of Title 6, Chapter 7 of the City Code. Up to twenty-five percent of this requirement
may be waived by the Zoning Board of Appeals upon a finding that:
A. A park or similar permanent open space, suitable for supervised outdoor play, is located within
500 feet of the proposed facility;
B. The park or similar permanent open space, suitable for supervised outdoor play, is one (1) acre
(43,560 square feet) or larger; and
C. The park or similar permanent open space, suitable for supervised outdoor play, is accessible
from the proposed day care/child care facility location without crossing any street.
• The fenced outdoor playground is 1,222 square feet, which would allow for 16 children to be
outdoors at one time. A total of up to 40 children are proposed. A condition of approval limits
the number of children that can be in the outdoor play area at any one time to not more than
one child per 75 square feet.
8.7-5 Hours of normal operation shall be limited to 6:00 A.M. to 7:00 P.M.
• Proposed hours of operation are 6:00 A.M. to 6:00 P.M.
Recommendation: The Community Development Department recommends approval of the Conditional
Use Permit modification request for the establishment of a Child Care Center, 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 the following
conditions of approval:
1. Prior to occupancy, a wood privacy fence 8 feet in height shall be erected along the one hundred
percent of the south property line and from the rear building line to the south property line along
the east property line, and from the front building line to the rear property line along the west
property line.
2. The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet
of outdoor play area at any one time.
3. Prior to occupancy, all parking areas shall be surfaced and striped to meet all applicable Building
Code hard surface requirements.
4. The operator shall direct customers to use the on-street parking spaces on the south side of
Algonquin Road for short-term pick-up and drop-off of children.
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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 the establishment of a
Child Care Center in the C-1 zoning district. The City Council has the final authority on the project.
Chairman Seegers asked the Board if there were any further questions.
Chairman Seegers asked if the audience is in favor or objects.
One audience member, Jeri Barreras, 1143 Algonquin Road, stated she is in favor, very excited, and
pleased with this new business coming in. She stated there has never been a parking problem, as she has
lived at this address since 1947. Cars can turn around in the back. The fence needs to be repaired.
No one in the audience objected.
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to approve this
petition with four conditions:
• Prior to occupancy, a wood privacy fence 8 feet in height shall be erected along the one hundred percent of
the south property line and from the rear building line to the south property line along the east property
line, and from the front building line to the rear property line along the west property line.
• The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet of
outdoor play area at any one time.
• Prior to occupancy, all parking areas shall be surfaced and striped to meet all applicable Building Code
hard surface requirements.
• The operator shall direct customers to use the on-street parking spaces on the south side of Algonquin Road
for short-term pick-up and drop-off of children.
AYES: Saletnik, Catalano, Szabo, Seegers
NAYES: Hofherr, Schell, Porada
***MOTION CARRIED 4-3***
3. Address: 2063 Frontage Road Case Number: 13-061-CU
Petitioner is s requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines Zoning
Ordinance, as amended, for the operation of a Recycling Center in the M-2 Zoning District.
PIN: 09-29-402-036-0000
Petitioners: Todd Fingerman, 9014 Kolmar Avenue, Skokie, IL 60076
Owner: Duke Miglin, 321 Loomis Street, Suite 200, Chicago, IL 60607
Chairman Seegers swore in Todd Fingerman & wife, Debbie Fingerman.
Petitioner stated:
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• metal is received in front of building
• metal gets shipped out
• 1-3 customers are there at a given time
• 12 parking spaces are available
Chairman Seegers asked how:
• quantities are weighed. Petitioner replied – via a skid sized scale in the building
• materials are dropped off at front of building
Chairman Seegers asked if the Board had any questions.
Board Member Szabo asked:
• if metals are melted down. Petitioner advised – no
• if there precious metals are received- Petitioner advised – that precious metals such as gold, or
platinum is not the core of business, primarily copper, aluminum, brass, steel, and stainless steel
would be received.
Board Member Schell asked:
• if a traffic study was conducted. Mr. Mangum advised – no, it was waived
• how much recycling is expected? Petitioner advised – with 1-3 customers, it is manageable
• how many customers are there per hour, as there is a concern about traffic? Petitioner advised – 5-
10 customers per hour. Debbie Fingerman stated – the time per customer could be 15-20 minutes,
therefore traffic is spaced out
Board Member Saletnik asked how advertising is done. Petitioner stated – via electricians, plumbers, etc.
Debbie Fingerman advised she will be making calls to suppliers who generate metal.
Chairman Seegers asked what the hours of operation are. Petitioner advised – 7:30am-4pm from Monday-
Friday and 7:30am-12 noon on Saturday.
Board Member Hofherr asked if scrappers would be customers. Petitioner advised – yes.
Board Member Porada asked:
• what is percentage of the individual customer base? Petitioner advised – 10-20%
• if individual customer deliveries are more sizable; how important or necessary is the small-item
customer. Petitioner advised – those dropping off will bring shopping bags after collecting for 6-8
weeks.
• if Applicant has a present business. Petitioner advised – no
• if Applicant has experience in this line of work. Petitioner advised – yes
• if small items are brought in irregularly. Petitioner agreed – these drop-offs are infrequent
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Board Member Porada stated, regarding Skokie waste pick-up charges in a municipality, the recycling
waste stream is being reduced by your business. Debbie Fingerman agreed.
Board Member Hofherr:
• stated, in front of building by dock, there is debris. Petitioner advised – there will be no garbage;
it will be recycled.
• asked if Applicant has taken over the building yet. Petitioner advised – no
Board Member Szabo:
• inquired for upgraded and processed material, do you separate materials and cut and stack? Debbie
Fingerman advised – they would separate and slice off copper and then separate copper and steel.
• asked, then where does it go? Petitioner advised – it is compacted to brick size and sent to
Universal Scrap Metals (on Western & Fullerton in Chicago)
• asked how Applicant is assured they won’t receive stolen material. Petitioner advised – there is a
national organization named ISRE that e-blasts stolen items as a heads up
Chairman Seegers asked the Board if there were any further questions. There were none.
Chairman Seegers asked Mr. Mangum to summarize the staff report.
Issue: Petitioner is s requesting a Conditional Use Permit under Section 7.4-5-C of the 1998 Des Plaines
Zoning Ordinance, as amended, for the operation of a Recycling Center in the M-2 Zoning District.
Analysis:
Proposed Use: Recycling Center
Petitioner Todd Fingerman, 9014 Kolmar Avenue, Skokie, IL 60076
Owner Duke Miglin, 321 N. Loomis Street, Suite 200, Chicago, IL 60607
PIN 09-29-402-036-0000
Plan of Operation Proposed hours of operation are Monday through Friday from 7:30 a.m. to 4:30
p.m., and Saturday from 7:00 a.m. to 12:00 p.m. Three employees are proposed
with future expansion of up to 7-15 employees.
Existing Use Industrial (Digital Printing Company)
Surrounding Land Use North: Open Space (Arndt Park)
East: Industrial
South: Industrial
West: Industrial
Existing Zoning M-2 General Manufacturing
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Surrounding Zoning North: R-1, Single-Family Residential
East: M-2, General Manufacturing
South: M-2, General Manufacturing
West: M-2, General Manufacturing
Street Classification Frontage Road is a local street according to the City’s Comprehensive Plan.
Comprehensive Plan The Comprehensive Plan recommends a mixed density residential in the area
with the potential for additional open space.
Action Metals Recycling Inc., has requested a Conditional Use Permit to operate a Recycling Center at
2063 Frontage Road in the M-2 Zoning District. The approximately 19,825 square-foot one-story attached
brick industrial building is located on an approximately 42,018 square foot lot with a shared driveway and
12-parking space lot off of Frontage Road. The proposed floor plan includes a 1,500 square foot office area
with the remainder of the building devoted to warehouse area, which is accessed by three exterior truck
docks.
Proposed hours of operation are Monday through Friday from 7:30 a.m. to 4:30 p.m., and Saturday from
7:00 a.m. to 12:00 p.m. Three employees are proposed with future expansion of up to 7-15 employees. The
business would purchase a variety of metal products dropped off by customers at the facility, process and
pack the metals inside the building, then ship the metals using van trailers. The applicant requested a
waiver of the traffic study requirement. The traffic study waiver request was reviewed by the Engineering
Division and granted.
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 Recycling Center is a Conditional Use in the M-2, General Manufacturing Zoning District, as
specified in Section 7.4-5-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 a mixed density residential use for this site.
However, a Recycling Center is a Conditional Use in the M-2 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 Recycling Center would be located within an existing structure. No exterior
alterations are proposed to the structure. A condition of approval prohibits the outdoor storage of materials
or material containers.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
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Comment: None of the functions of the Recycling Center are anticipated to be hazardous or disturbing to
the surrounding neighborhood. All materials and operations would occur inside the building.
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 wellbeing of the
community.
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: The proposed Recycling Center use is not anticipated to create an amount of additional traffic
and parking which cannot be accommodated by the existing street network according to the information
provided.
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 an existing curb cut on Frontage Road for access. Based on
information provided, staff does not find any evidence for potential 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: No significant exterior building alterations are proposed. 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:
Comment: As proposed, the Recycling Center use appears to conform to all other zoning regulations.
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Recommendation: The Community Development Department recommends approval of the Conditional
Use Permit modification request for the establishment of a Recycling Center, 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. Outdoor storage of materials and material storage containers shall be prohibited.
2. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface
requirements.
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, subject
to conditions, or deny the above-mentioned Conditional Use Permit for an establishment of a Recycling
Center in the M-2 zoning district. The City Council has the final authority on the project.
Chairman Seegers asked if the audience is in favor or objects. There was one audience member in favor
with none objecting.
Board Member Catalano asked Petitioner if he is aware and okay with the conditions. Petitioner advised –
yes.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to approve this
petition with two conditions:
• Outdoor storage of materials and material storage containers shall be prohibited.
• All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface
requirements.
AYES: Seegers, Szabo, Saletnik Catalano, Porada, Hofherr, Schell
NAYES:
***MOTION CARRIED UNANIMOUSLY***
OLD BUSINESS There was no Old Business.
The meeting was adjourned at 8:39 p.m. by unanimous voice vote.
Sincerely,
Gale Cerabona
Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners