DES PLAINES PLANNING AND ZONING BOARD MEETING. January 10, 2017 MINUTES

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1 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, January 10, 2017, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: ABSENT: ALSO PRESENT: Bader, Green, Catalano, Saletnik, Schell, Szabo Hofherr Lauren Pruss, AICP, Coordinator/Community & Economic Development Johanna Bye, AICP, Senior Planner/Community & Economic Development Regina Lipinski, Code Enforcement Inspector & Translator/Community & Economic Development Gale Cerabona/Recording Secretary Chairman Szabo called the meeting to order at 7:02 p.m. and read this evening s cases. Roll call was conducted. APPROVAL OF MINUTES A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to approve the minutes of December 22, 2016, as written. AYES: NAYES: Saletnik, Catalano, Bader, Green, Schell, Szabo None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There were no comments. NEW BUSINESS 1. Addresses: 410 Northwest Highway Case CU Petitioner is requesting a Conditional Use Permit under Section 7.3-F.3 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to increase the number of used vehicles sold from 10 to 36 in the C-3 Zoning District. PINs: , , , ,

2 Page 2 Petitioner: Bryan Triphahn & George Zervos, 410 Northwest Highway, Des Plaines, IL Owner: George Zervos, 4758 River Road, Schiller Park, IL Chairman Szabo swore in Troy Triphahn (in place of Bryan Triphahn) with Corporate Design Development Group (who is representing George Zervos) & George Zervos, 410 Northwest Highway, Des Plaines, IL Mr. Triphahn advised the site has an existing Conditional Use for the sale of up to 10 cars. Due to a higher demand, a Conditional Use is requested to allow 36 cars. The site is oddly-shaped; cars can be doublestacked (for inventory) and moved by employees. He noted Mr. Zervos plans to have this business in Des Plaines long-term. Lighting has been revamped for better efficiency. At the rear of the building, there is not a fence. They would like to plant trees in the right-of-way for screening purposes (for the neighbors) instead of putting up a fence, as proposed by staff. The site plan was displayed and illustrated. Petitioner advised a fire truck can easily navigate the site. Cars currently wrap around the site. Parking for display vehicles, customers, and employees was identified. On the north side, there s a residential street; the storage area doesn t have trees in the right-of-way currently. They can add trees here in lieu of a fence. Board Member Saletnik stated/asked: he is under the impression that the auto repair was secondary. Mr. Triphahn explained they are separate businesses how many cars there are daily. Mr. Zervos advised typically 3-4; sometimes 0, sometimes 8. He noted it s a small operation with 2 people working in the service bays why vehicles are displayed behind the building. Mr. Zervos advised it is an area to store more cars how Petitioner advertises. Mr. Zervos advised via the internet on cars.com what the quality, age, and condition of the cars are. Mr. Zervos stated cars are inspected before they are sold (valued in the $3,000-$20,000 range) if cars often need body work. Petitioner advised typically, no Chairman Szabo asked: how Petitioner arrived at the number of 36 vehicles. Mr. Triphahn advised they started higher then worked with Staff, and decided this is a safe number of cars if employee parking is adequate. Mr. Zervos advised he is the sole salesperson Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-F.3 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to increase the number of used vehicles sold from 10 to 36 in the C- 3 Zoning District. Analysis: Address: 410 Northwest Highway Owners: George Zervos, 4758 River Road, Schiller Park, IL Petitioner: Case Number: Ryan Triphahn & George Zervos, 410 Northwest Highway, Des Plaines, IL CU Real Estate Index Numbers: , , ,

3 Page , Ward: Existing Zoning: Existing Land Use: Surrounding Zoning: Surrounding Land Use: Street Classification: Comprehensive Plan: #7, Don Smith C-3 General Commercial District Commercial (Auto Repair and Sales) North: R-1 Single-Family Residential South: Railroad; M-1 Limited Manufacturing East: C-3 General Commercial West: C-1 Neighborhood Shopping North: Residential South: Railroad; Industrial East: General Commercial West: Office Northwest Highway is an arterial road Comprehensive Plan designates the site as Mixed Use Low Density The applicants, Ryan Triphahn and George Zervos, have requested a Conditional Use Permit to increase the number of used vehicles sold from 10 to 36 at 410 Northwest Highway. The site is approximately 18,844 square feet and is improved with a single-story building that is currently used for auto repair and sales. The property owner and operator of the auto sales business, Mr. Zervos, rents part of the building to a separate business for auto repair. The site is accessed by multiple curb-cuts off of both Northwest Highway and State Street. There are approximately 28 parking spaces on the site currently. The petitioner has an existing Conditional Use (Z-21-02) that allows for the sale of up to 10 used vehicles at any time and would like to increase this number to 36. The petitioner is proposing a new site plan with a total of 48 parking spaces, 12 of which are for customers and employees (the required amount for the use, per the Zoning Ordinance) and 36 for used car sales. The proposed site plan eliminates the western Northwest Highway curb cut so that there are two (one of State Street and one on Northwest Highway) for the site. Cumberland Auto Sales (CAS) operates Monday through Friday from 8:00 a.m. to 9 p.m. There are typically two or three employees onsite at any given time for both the auto sales and auto repair businesses. A request to waive the traffic study requirement was granted after review by staff based of the proposed site plan and size of the operation. Conditional Use Findings: As required by Section (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: Motor Vehicle Sales are a Conditional Use in the C-3, General Commercial Zoning District, as specified in Section 7.3-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:

4 Page 4 Comment: The 2007 Comprehensive Plan recommends mixed use low density for the site. 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 petitioner does not plan to change the exterior appearance of the building or site to accommodate the increased Motor Vehicle Sales use. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: Based on the plans submitted, none of the functions of the Motor Vehicle Sales 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: The proposed Motor Vehicle Sales Establishment would be served adequately by essential public facilities and 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 Motor Vehicle Sales Establishment 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. 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 Motor Vehicle Sales Establishment is not anticipated to create additional traffic or noise that could be detrimental to surrounding land uses. 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 new site plan would eliminate the western-most curb cut on Northwest Highway, leaving one on Northwest Highway and one on State Street. Based on an evaluation of the existing conditions and plans 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: Use of an existing building and site is proposed. The proposed Motor Vehicle Sales Establishment would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance.

5 Page 5 J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: It appears that the proposed Motor Vehicle Sales Establishment complies with all additional regulations within the Zoning Ordinance. Recommendation: I recommend approval of the Conditional Use Permit for the sale of up to 36 used cars at 410 Northwest Highway, based on a review of the information presented by the applicant and the findings made above, as specified in Section (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, and subject to the following condition: staff would like to see a 6-foot, solid wood fence installed between the northeast corner of the building and the adjacent building to the east, so as to shield this storage area from the residences across State Street. Planning and Zoning Board Procedure: Under Sections C (Conditional Uses) of the Zoning Ordinance the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the operation of a Motor Vehicle Sales Establishment in the C-3 zoning district. The City Council has the final authority on the project. Chairman Szabo asked if the Board has any questions. Board Member Catalano asked if the business is open only on weekdays. Mr. Zervos advised they are closed on Sundays and open on Saturdays from 9 a.m.-2 p.m in addition to weekdays. Coordinator Pruss referenced the trees are growing into the utility lines. Chairman Szabo asked the audience if anyone is in favor of this proposal no one responded. He asked if anyone objects. The following came forward: Robert Porada Porada Law Offices, 208 W. Washington, Suite 1012, Chicago, IL (representing MBL Bion, 451 E. State, Des Plaines, IL) Mr.Porada advised if a fence is erected from building to building, it would cut across the proposed location of the two north parking spaces. The only way to bring cars through to this area would be south and west around the building. There is no curb cut onto State Street. He recalled the use was to be an auto repair business. An expansion of the auto repair business was not approved previously. The previous tenant is no longer in this auto repair business. Past results are an indication of future performance. There have been complaints. This evening, there were 20 vehicles for sale with no license plates. There is an allowance for 10 cars to be sold. Primary concerns are: o The gangway the neighboring building is on the property line. With the stacked vehicles, they will be maneuvering vehicles throughout the property to get them in and out o Parking for employees and visitors is limited to the south of the building and facing State Street. It was noted an informal agreement has been made with Mr. Porada s client and the church property to the east. If there is not enough room on the subject property for all of the potential cars, they could end up in the parking lot next door. Mr. Porada s client does not want a strained relationship with the church if other cars are parked there. on the south side of State, there is public parking (with a 3-hr limit) that is used by Mr. Porada s client. This impacts density, etc.

6 Page 6 Mr. Triphahn responded accordingly: o to conform to code with a Conditional Use Permit, we are here because there are too many cars on the site; want to correct the situation o it appears there is a parking problem with our neighbor. The number of cars requested to be sold on the subject property fit on the site with proper vehicular movement. There are no overflow parking issues for the business today. o no one has approached Mr. Zervos about any issues. o regarding driving on the sidewalk and cars stacked in back, this area is for storage. Only employees, and not the general public, are driving the cars in this area. In summary, Petitioner is not aware of any complaints. Board Member Catalano asked Staff if there have been any complaints or citations from either business? Coordinator Pruss advised the inspector is not aware of any. Board Member Saletnik asked: if vehicles have been driven over the sidewalks and curb to the north of the building. Mr. Zervos advised 2-3 times in the last 18 years. if Petitioner has a problem with a fence. Mr. Zervos advised he has been there since 2001; doesn t believe a fence would look as good as trees. Concerned about safety and trash piling up. Chairman Szabo asked how long the lease is for the current tenant. Mr. Zervos advised annually; have worked together for over 25 years. Mr. Porada advised he has s noting evidence of violations. He stated it is impossible to move cars (as there is no curb cut or apron) to the north of the building. Mr. Porada agrees the proposed parkway trees are an aesthetic solution for some neighbors (436 E. State) but not for residents to the west (420 E. State and 109 E. Cornell). Mr. Zervos stated, behind his building, there is room to move the cars. He mentioned the improvements he s made, such as painting the building. Doesn t believe this building is an eyesore; is offended by Mr. Porada s comments. Board Member Saletnik asked Staff other similar proposals were required by staff to add landscaping to the site, why hasn t this been suggested? Coordinator Pruss advised to plant landscaping, pavement would need to be removed; bushes can t be placed in a walkway. Board Member Saletnik stated planters could be added. A motion was made by Board Member Saletnik, seconded by Board Member Green, to recommend approval to City Council with these conditions: install a 6-foot, solid wood fence between the northeast corner of the subject property and the adjacent property to the east the Petitioner work with staff to find appropriate locations on the property to add planters and landscaping AYES: NAYES: Saletnik Green, Bader, Catalano, Szabo Schell ***MOTION CARRIED 5-1*** Chairman Szabo advised a recommendation for approval would be provided to City Council.

7 Page 7 2. Addresses: 823 E. Prairie Case V Petitioner is requesting a Standard Variation pursuant to Section C.3 of the Zoning Ordinance, to permit a detached garage to be located 2.18 from the rear property line and 2.58 from the side property line, when 5 setbacks are required. PIN: Petitioner: Marek Matczuk, 1988 N. Dee Road, Park Ridge, IL Owner: Marek Matczuk, 1988 N. Dee Road, Park Ridge, IL Chairman Szabo swore in Mr. Marek Matczuk, 1988 N. Dee Road, Park Ridge, IL. Mr. Matczuk advised a new garage has been built where the former garage was (closer to the property line than the Zoning Code allows). Chairman Szabo asked if the new garage is in the same location as the old. Mr. Matczuk advised some of it is, but the new garage is larger. Board Member Saletnik asked if there is a utility easement. Mr. Matczuk advised no. Chairman Szabo asked if neighbors have inquired about the garage. Mr. Matczuk advised they are okay with it. Chairman Szabo asked Staff to provide the Staff Report and Senior Planner Bye did so: Issue: The petitioner is requesting a Standard Variation pursuant to Section C.3 of the Zoning Ordinance, to permit a detached garage to be located 2.18 from the rear property line and 2.58 from the side property line, when 5 setbacks are required. Analysis: Owners: Marek Matczuk, 1988 N. Dee Road, Park Ridge, IL Petitioner: Marek Matczuk, 1988 N. Dee Road, Park Ridge, IL Case Number: V Real Estate Index Numbers: Ward: Existing Zoning: Existing Land Use: Surrounding Zoning: #4, Alderman Dick Sayad R-1 Single-Family Residential Single-Family Residential North: Single-Family Residential South: Single-Family Residential East: Single-Family Residential

8 Page 8 West: Single-Family Residential Surrounding Land Use: Street Classification: Comprehensive Plan: North: Residential South: Residential East: Residential West: Residential Prairie Avenue is a local street Comprehensive Plan designates the site Traditional Single Family In reviewing this variation request, staff has considered the following information: The 9,328 square-foot property has 66 feet of frontage on E. Prairie Avenue and is feet deep. The lot is conforming in both area (6,875 square feet required) and width (55 feet required). It is improved with a two-story, single-family detached residence and a paved driveway that leads to the rear of the property. The applicant is requesting a variation to permit a detached garage to be located 2.18 from the rear property line and 2.58 from the side property line, when 5 setbacks are required. The 20 by 30 garage in question has already been built at the above-mentioned setbacks. The applicant did receive a permit for the garage; however, the construction plans identified the proposed garage as 5 from the rear and side property lines. The garage was not built per the approved construction plans and no pre-pour or rough inspections were requested. A timeline of events relating to the construction of the garage is included as an attachment. Additionally, the driveway approach has not been installed per the approved construction plans and only leads to the western-most garage door. The garage has been constructed several inches higher than the existing driveway, which prevents vehicles from entering or exiting the garage. Staff is requesting that the new driveway be installed as per the approved plans. Staff would also request that the lot be cleared of all equipment, such as the ladders seen in the attached photos. Recommendation: I recommend denial of the above-requested side and rear yard setback variation based on review of the information presented by the applicant and the standards and conditions imposed by Section (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The detached garage was not built per the approved construction plans, which identified the required 5-foot rear and side yard setbacks. Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to approve, approve with modifications, or disapprove. Board Member Green asked: if the dotted line on the site plan indicates the former garage. Senior Planner Bye advised -- yes if the slab was removed. Mr. Matczuk advised partially if the driveway is new or old. Mr. Matczuk advised it is gravel and a new driveway will be installed, as shown on the approved plans if the new pad is poured atop the old pad. Mr. Matczuk advised some of it is Chairman Szabo stated there are foundation elevation problems that will have to be rectified. Mr. Matczuk replied the new driveway has not yet been installed. Board Member Saletnik asked/stated:

9 Page 9 if this is acceptable to Staff. Senior Planner Bye stated they are working with Petitioner to address all outstanding building code violations, in addition to the zoning issue with the garage it appears someone ignored where the new garage was to be placed. Numerous things have not been carried out as they should have been Chairman Szabo asked if fines have been issued. Coordinator Pruss stated enforcement has not occurred for failing to obtain permits (since the Petitioner did take out permits). She advised Staff is working toward enforcing permits with contractors and inspections. Board Member Catalano asked if Petitioner did all of the work himself. Mr. Matczuk advised yes, with subcontractors. Chairman Szabo asked if the cement was done by contractors. Mr. Matczuk advised he did that work. Chairman Szabo asked if anyone is in favor or against the proposal. No one responded. A motion was made by Board Member Green, seconded by Board Member Catalano, to deny this petition. AYES: NAYES: Green, Catalano, Bader Saletnik, Schell, Szabo ***MOTION FAILED 3-3*** Board Member Saletnik stated aesthetically the garage looks good. He stated there is precedent for approving these types of variations. Chairman Szabo stated, since the neighbors didn t oppose, he voted to allow this. A motion was made by Board Member Saletnik, seconded by Board Member Schell, to reluctantly approve this petition with Staff to enforce any violations associated with the project. AYES: NAYES: Saletnik, Schell, Bader, Szabo Green, Catalano OLD BUSINESS There was no Old Business. ***MOTION CARRIED 4-2*** ADJOURNMENT On a voice vote, Chairman Szabo adjourned the meeting at 8:19 p.m. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners