DES PLAINES ZONING BOARD MEETING AUGUST 25, 2015 MINUTES ZONING BOARD

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1 Page 1 DES PLAINES ZONING BOARD MEETING AUGUST 25, 2015 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday,, at 7:30 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD PRESENT: ABSENT: ALSO PRESENT: Szabo, Hofherr, Schell, Green Saletnik, Catalano Scott Mangum, Senior Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Acting Chair Szabo called the meeting to order at 7:31 p.m. & read this evening s cases. APPROVAL OF MINUTES: A motion was made by Board Member Hofherr, seconded by Board Member Green, to approve the meeting minutes of July 28, 2015, as presented. AYES: NAYES: Hofherr, Green, Schell, Szabo None ***MOTION CARRIED UNANIMOUSLY*** NEW BUSINESS 1. Address: 1225 Forest Avenue Case Number: V Petitioner is requesting a Standard Variation to Section the 1998 City of Des Plaines Zoning Ordinance, as amended, to expand the restaurant portion of a building in the C-3 Zoning District with 56 parking spaces, instead of not less than 75. PIN: , Petitioner: Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL Owner: Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL 60018

2 Page 2 Acting Chair Saletnik swore in Louis Psihogios, Owner, Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL & Michael W. Hartel AIA, ALA, LEED AP, Principal, Designhaus Inc., 1020 Elk Grove Town Center, Elk Grove Village, IL Mr. Hartel advised the existing restaurant owner is requesting a variation to reduce the parking spaces to 56 as proposed. He noted the restaurant will expand, and all parking spaces cannot be housed on site. A parking agreement is being negotiated at this time with neighboring businesses. Comparisons of those parking spaces, per code, were shared. It was noted the gate on the West parking lot will contain clear signage. Evening business is when the restaurant accommodates most of its customers. Acting Chair Szabo asked if the Board has any questions. Board Member Hofherr asked/stated: what the construction is at the East side of the building. Mr. Hartel advised a patio will be installed; a permit has been granted. in the rear, per the photos provided, it appears parking could be housed there (going East to West). Mr. Psihogios concurred and stated, employees currently park in the rear. if the debris is cleared daily. Mr. Psihogios advised yes patrons are indicating there is no parking. Mr. Psihogios advised patrons also park in Aldi s parking lot; there is an agreement in place for patrons to park there; a future agreement may involve a purchase of the lot at Aldi. For East & West parking, the agreement should be in place in 1 week. Board Member Green asked how many spaces there are in the agreement. Petitioner advised 25 spaces. Acting Chair Szabo swore in, Michael Werthmann KLOA, Inc. Board Member Green asked: if the traffic study supports the amount of cars on Forest Avenue. Mr. Werthmann advised Forest Avenue can accommodate the traffic. There are over 200 seats at the restaurant, including the outdoor grassy area. The expansion will not increase the traffic on Forest Avenue. Mr. Werthmann noted the City is working to install a traffic signal at Mannheim Road & Forest Avenue. what the timetable is. Mr. Werthmann advised 2017 or 2018 Acting Chair Szabo asked Staff to provide the Staff report. Issue: The petitioner is requesting a Standard Variation to Section the 1998 City of Des Plaines Zoning Ordinance, as amended, to expand the restaurant portion of a building in the C-3 Zoning District with 56 parking spaces, instead of not less than 75. Analysis: Address: 1225 Forest Avenue PIN: , Existing Zoning: C-3, General Commercial Zoning District

3 Page 3 Petitioner: Owner(s): Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL In reviewing this variation request, staff has considered the following information: Boston Fish Market has requested a parking variation to allow for a 2,400 square foot restaurant addition and an outside patio. In 2011 Boston Fish Market was granted a Conditional Use Permit to operate a Wholesale Goods Establishment with Limited Accessory Retail Sales at 1225 Forest Avenue within the M-1, Limited Manufacturing Zoning District. In addition to the wholesale and retail sales of fish products, a restaurant was operating at the location. Restaurants are not a permitted use in the M-1 Zoning District, but are permitted by right within the C-3 Zoning District. In 2013 the 1.5-acre parcel at 1225 Forest Avenue, was reclassified from the M-1, Limited Manufacturing Zoning District to the C-3, General Commercial District to allow for the legalization of a 560 square foot dining area within the facility. At the time 50 parking spaces were shown on the approved plans. The existing floor plan within the 28,683 square foot building includes warehouse and food processing areas, refrigeration and freezer areas, as well as shipping and receiving and office areas adjacent to the interior truck dock. An additional 2,400 square-foot dining area is proposed in front of the retail counter. There are 56 parking spaces shown on the proposed site plan, where 75 parking spaces are required for the proposed office, food processing, and interior restaurant operations. Per Department policy the seasonal outdoor dining areas do not require additional parking spaces. A traffic study was prepared by Kenig, Lindgren, O Hara, Aboona, Inc. (KLOA, Inc.) in October 2010 with an addendum to include the retail sales use completed in October The initial study concluded: that the facility was projected to generate a very limited volume of traffic, especially during the critical morning and evening peak hours; generate less traffic than other uses that could occupy the site; that the existing three access drives will be sufficient to ensure efficient and orderly access with limited impact on Forest Avenue; and that the proposed facility would have a limited impact on the operation of the Lee Street/Forest Avenue intersection. The addendum found that the low volume of additional traffic to be generated by the retail space would have limited, if any, impact on the operation of the roadway system. The Mannheim Road/Forest Avenue intersection is scheduled to be improved to provide (1) a traffic signal, (2) a separate left-turn lane, a through lane and a shared through/right-turn lane on both approaches of Mannheim Road and (3) a separate left-turn lane and a shared through/right-turn lane on both approaches of Forest Avenue. A second addendum to the traffic study was prepared in August of this year to address the proposed expansion of the restaurant use. The addendum evaluated the traffic volumes, loading dock operations, and parking. The addendum noted that while the area for indoor seating would increase, the area of outdoor seating shown on the plans would decrease from existing conditions. The addendum also notes that With a total of 56 parking spaces, it can be seen that the parking to be provided with the expansion may not meet the peak

4 Page 4 parking demand of the expanded facility. However, the owner of the facility has indicated that he will obtain an agreement with one of the neighboring property owners to use their parking lot for overflow parking. If necessary, the owner has also indicated that he may use valet parking to increase the number of vehicles that could be accommodated within the facility s parking lot. The requested variation of 19 parking spaces is 25% of the 75 required spaces. Per Section F of the Zoning Ordinance, a parking variation of up to 30 percent may be approved by the Zoning Board of Appeals as a standard variation. Recommendation: Staff does not recommend approval of the above-requested parking variation at this time based on review of the information presented by the applicant and the standards and conditions imposed by Section H (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. Staff believes that the Zoning Board of Appeals should not approve a variation without an executed off-site parking agreement for a minimum of 19 parking spaces. The Zoning Board may deny the application or continue the case until an agreement is brought before the board. If the applicant obtains a long-term (5-year minimum) off-site parking agreement within 500 feet of the property that is executed and recorded with the Cook County Recorder of Deeds, staff would recommend the following conditions of approval: 1. Fencing and gate shall be removed from the entrance to the West Parking lot. A minimum of 21 spaces shall be located outside of a gated area. 2. Petitioner shall install signage to indicate the location of customer and employee parking areas. 3. Petitioner shall install signage to direct customers to the location of off-site parking. 4. All parking spaces shown on the Site Plan (Exhibit B) shall be accessible for the parking of vehicles and kept clear of debris. Zoning Board of Appeals Procedure Under Section F of the Zoning Ordinance (Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned variance for a reduction in parking in the C-3 zoning district. Board Member Hofherr asked Staff, due to the installation of the traffic signal, if the timing could be moved up. Mr. Mangum advised the City concurs and is working with IDOT. Acting Chair Szabo asked Staff if the Zoning Board could approve with a condition that the Petitioner delivered an acceptable parking design. Mr. Mangum stated that it was staff s preference for the Zoning Board to have the opportunity to review the agreement before voting to approve the variation request. Acting Chair Szabo asked if anyone in the audience is in favor of this proposal. Four people raised hands. He asked if anyone objects to the project. One individual raised his hand. Acting Chair Szabo asked if anyone in the audience wishes to comment and swore in the following: Anita Bortnowski 722 Graceland Ms. Bortnowski stated she is a customer of the restaurant and advised it is too small, the food is delicious, and the wait is too long. She would like the parking to be expanded.

5 Page 5 Douglas M. Barnes Alarm Security, 1245 Forest Avenue, Unit 12 Mr. Barnes advised he has been a tenant with a business in the building on the East side for 22 years. He stated the restaurant has delicious food, but he constantly struggles with the parking. Signage has been placed but not followed. Mr. Barnes noted there are 11 spaces for customers. The remainder are for employees. Photos were displayed. He noted the employees are taking the parking spaces, and cars are parking in no-parking zones. Mr. Barnes read a letter from the building owner at 1245 Forest Avenue. He noted a tenant has vacated due to the congested traffic. Mr. Barnes noted the police advised that a fire truck would not be able to get through. Mr. Barnes relayed that he suggested the building owner move. Mr. Psihogios responded that he will advise his employees not to park at the adjacent building. He stated the building owner advised him that there are enough parking spaces. Board Member Green asked how many employees there are. Mr. Psihogios advised 20 employees from 6 a.m.-3 p.m. and stated, there are no cars on the East side. A motion was made by Board Member Green, seconded by Board Member Hofherr, to continue this matter until there is an agreement with neighbors and parking spaces are specified. Board Member Green amended his motion to include a continuance to a date certain of September 8, Board Member Hofherr accepted the amendment. AYES: NAYES: Green, Hofherr, Schell, Szabo None ***MOTION CARRIED UNANIMOUSLY*** 2. Address: 751 Graceland Avenue Case Number: V Petitioner is requesting variations to the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct a multi-family residential building in the R-4 Zoning District with the following variations: (1) to Section to allow 31 parking spaces, instead of not less than 66; and (2) to Section G.4 to allow 33 1-bedroom dwelling units on a lot of 22,044 square feet, instead of not less than 23,100 square ft. PIN: , Petitioner: Eric Huffman for Over the Rainbow, 2040 Brown Avenue, Evanston, IL Owner: Eric Huffman for Over the Rainbow, 2040 Brown Avenue, Evanston, IL Acting Chair Szabo swore in Eric Huffman for Over the Rainbow, 2040 Brown Avenue, Evanston, IL & Dennis W. Langley, Architect, Weese Langley Weese, 9 W. Hubbard, Chicago, IL

6 Page 6 Mr. Langley advised the issues have been addressed. He noted the previous proposal requested 40 units while this proposes 33 units with 2 more accessible parking spaces than initially requested as well as landscaping. Mr. Langley advised that parking and lot area variations are being requested. Acting Chair Szabo asked if the Board has any questions. Acting Chair Szabo asked if anyone in the audience is in favor of this proposal. One person raised his hand. He asked if anyone in the audience objects to this proposal; 9 people raised their hands, and the following came forward: Reyna Mason tenant at 722 Graceland, Unit 304, and a realtor with Re/Max Ms. Mason advised the tenants in front of this building are opposed to this building/construction due to decreased property values, parking, traffic, noise, etc. She noted the building looks like a library and is not compatible with the neighborhood. Ms. Mason stated this building would be more suited for Ellinwood Avenue. She noted the traffic on Graceland is already busy and reported, a nearby resident was recently struck by a vehicle. Anita Bortnowski 722 Graceland Ms. Bortnowski advised as a medical professional, special needs tenants required a lot of medical assistance. She noted this will increase the noise and traffic. Mr. Bortnowski advised a beautiful home, perhaps historic, will be demolished due to this building. Acting Chair Szabo asked if the Board has any questions. Mr. Huffman responded (to audience members comments) that this organization is in 9 other communities. He noted there are not a lot of fire trucks, some medical assistance. Mr. Huffman advised that he believes the building is compatible with the neighborhood. Board Member Hofherr asked if the City has a comment on the design. Mr. Langley advised there are architectural elements, large and full-height windows (due to providing interior light). He noted this will be a warm building, is an $8-9 million project, and will enhance property values. Board Member Hofherr reminded that many residents do not drive and will take public transportation. Acting Chair Szabo asked Staff to provide the Staff report. Issue: The petitioner is requesting variations to the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct a multi-family residential building in the R-4 Zoning District with the following variations: (1) to Section to allow 31 parking spaces, instead of not less than 66; and (2) to Section G.4 to allow 33 1-bedroom dwelling units on a lot of 22,044 square feet, instead of not less than 23,100 square feet.

7 Page 7 Analysis: In analyzing this request, the staff considered the following information: General Information Address 751 Graceland Avenue Real Estate Index Numbers , Existing Zoning Petitioner Owner Case Number R-4, Central Core Residential Eric Huffman for Over the Rainbow, 2040 Brown Avenue, Evanston, IL Eric Huffman for Over the Rainbow, 2040 Brown Avenue, Evanston, IL V On March 16, 2015 the City Council approved a Map Amendment to reclassify the zoning of the property at 751 Graceland Avenue from the C-5, Central Business Commercial District to the R-4, Central Core Residential District. In March the petitioner requested three variations to construct a five story multi-family residential building with 40 1-bedroom units and 35 parking spaces. At its April 14, 2015 meeting the Zoning Board of Appeals approved (6-0) a Standard Variation for reduced rear-yard building setback and recommended (6-0) approval of Major Variations for lot area and number of parking spaces subject to a following condition of approval: 1. The parking variation shall only be valid for the current owner and use of the building serving physically disabled residents. A change in ownership or use shall require either compliance with code required parking or a request for a variation. The City Council subsequently denied the major variation requests for parking and lot area on June 15, The applicant has submitted a letter outlining the changes that they believe are a significant redesign as grounds to justify consideration at a new hearing. The changes are as follows: Reduction in number of units from 40 to 33. Increase in accessible parking spaces from 2 to 4. Reduction in stories from five to four, and reduction in building height by Creation of additional landscaped area that would accommodate two additional parking spaces, increasing the parking ratio to 1 parking space per 1 bedroom unit. Revised plans to comply with all setback requirements. The 22,044 square-foot lot (0.5 acres) has approximately 116 feet of frontage on Graceland Avenue and is 190-feet deep. Additional access is provided by a 20-foot wide two-way alley adjacent to the rear property line. Parcel Two is currently developed with a two-story brick building that has been used for office and multi-family residential units, a detached two-car garage and an accessory parking lot. Parcel One is developed with an additional parking lot with separate ingress and egress.

8 Page 8 Over The Rainbow Association (OTR) is an Illinois not-for-profit association dedicated to providing independent living solutions for individuals with physical disabilities. OTR currently has apartment communities in Chicago, Evanston, Freeport, Harvard, Matteson, Rockford, and Waukegan. OTR seeks to construct a four-story multi-family apartment building with 33 units and 31 parking spaces. Additional landscaped areas could be converted to future parking which would result in a total of 33 spaces. The parking area could be accessed both from Graceland Avenue and from the adjacent 20-foot wide public alley. The ground floor would contain three dwelling units, three offices, laundry facilities, community facilities, and utility rooms, while the upper floors would contain ten 1-bedroom units per floor. The petitioner is requesting variations to the minimum lot area per dwelling unit (density), and number of required parking spaces. The minimum lot area required for 33, 1-bedroom units is 23,100 square feet, or 700 square feet of lot area per unit, where the site is 22,044 square feet in size, providing approximately 668 square feet of lot area per dwelling unit. Two parking spaces are required per dwelling unit, or a total of 66, based on the number of units in the proposed plan. The petitioner s Parking Assessment (Attachment 4) prepared by Kenig, Lindgren, O Hara, and Aboona, Inc. concludes that the projected peak parking demand for the previously proposed 40-unit facility was 26 parking spaces based on an analysis of similar facilities and that the proposed parking would adequately serve the project. Additionally, the Parking Assessment looked at a long-term scenario where the project could convert from the proposed use to a market rate building with less total units that would be adequately served based on typical parking ratios in other suburban transit-oriented downtown environments. Further the Parking Assessment found that on-street and public parking is available in the evening hours based on recent field counts. Recommendations: Staff recommends approval of the requested lot area and parking variations 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, subject to a condition of approval: 1. Ownership of the Subject Property by: (a) the Petitioner; (b) an affiliate or similar transferee or successor of the Petitioner that is controlled by the Petitioner; (c) a mortgagee or similar holder of an interest in the Subject Property that secures construction and/or permanent financing for the Proposed Development, which mortgagee or interest holder forecloses on the security interest in accordance with the security interest documents and applicable law (and a successor in interest to such mortgagee or interest holder); or (d) an equity investor in the Proposed Development, which equity investor removes or replaces the controlling party pursuant to the provisions of the applicable organizational documents; and 2. Use of the Proposed Development as an affordable housing development under Section 42 of the Internal Revenue Code with a priority provided to applicants who need the accessible design features planned for the Proposed Development. The proposed development is generally consistent with the High-Density Multi-Family Residential land use designation for this site expressed in the 2007 Comprehensive Plan and would also be compatible with the existing development and Zoning classification to the east and south. The proximity to the heart of Downtown

9 Page 9 and transit infrastructure is a factor in justifying the reduced lot area per dwelling unit and parking. An increased number of units can help to promote transit-oriented development, which is a described goal in the City s Comprehensive Plan along with providing high-quality and diverse housing options. The Parking Assessment concludes that the property provides adequate parking for the proposed current use and that future modification to the building and site could also provide adequate parking if the use were to change in the future. Zoning Board of Appeals Procedure: Under Section 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 deny the variances for lot area and parking. The City Council has the final authority on the project. A motion was made by Board Member Hofherr, seconded by Board Member Green, to recommend that City Council approve the variation for the square footage of the lot. AYES: NAYES: Hofherr, Green, Schell, Szabo None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Hofherr, seconded by Board Member Green, to recommend that City Council approve the proposed variation for number of parking spaces subject to conditions in the Staff Memo. AYES: NAYES: Hofherr, Green, Schell, Szabo None ***MOTION CARRIED UNANIMOUSLY*** 3. Address: 1254 Cora Street Case Number: V Petitioner is requesting a variation to Section D.4 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct a porch with a front yard setback of approximately 12-feet, instead of not less than 25-feet in the R-1, Single Family Residential District. PIN: , Petitioner: Anthony M. Grande, 1254 Cora Street, Des Plaines, IL Owner: Anthony M. Grande and Rosina E. Grande, 1254 Cora Street, Des Plaines, IL Acting Chair Szabo swore in Anthony M. Grande, 1254 Cora Street, Des Plaines, IL who advised he would like to erect a new porch as the current one is falling apart and small. He noted the size would be increased to 7-3 which is smaller than neighboring porches. Acting Chair Szabo asked:

10 Page 10 if Petitioner has spoken with the neighbors. Mr. Grande advised yes, and they have no objections if a sign will be posted in the yard. Mr. Grande advised yes Acting Chair Saletnik asked Staff to provide the Staff report. Issue: The petitioner is requesting a variation to Section D.4 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to construct a porch with a front yard setback of approximately 12-feet, instead of not less than 25-feet in the R-1, Single Family Residential District. Analysis: Address: Existing Zoning: 1254 Cora Street R-1, Single Family Residential District Petitioner: Anthony M. Grande, 1254 Cora Street, Des Plaines, IL Owner(s): Anthony M. Grande and Rosina E. Grande, 1254 Cora Street, Des Plaines, IL PIN: , In reviewing this variation request, staff has considered the following information: The 55-foot by approximately 130-foot (7,178 square foot) corner lot at 1254 Cora Street is nonconforming with regards to lot width (65 would be required of a corner lot in a new subdivision), and is smaller than the minimum required lot size of 8,125 square feet. A two-story brick and frame single-family residence with detached two car garage currently exists on site. Because the property is located at the corner of Cora Street and Van Buren Street a 25-foot setback is required on both frontages. The applicant proposes to replace an existing open front porch with a covered wood porch that would project 7-3 from the front of the house with a width of 15-6, resulting in a setback of approximately 12 from the front property line. The existing nonconforming porch would be allowed to continue or even be repaired, but the owner s removal and expansion of the porch necessitates the variation. During a visual survey of the street, staff found several properties that also project into the required frontyard setback. This variety of setbacks is relatively common in this neighborhood with older housing stock. This request, a setback variation of greater than 30%, is a standard variation and shall be considered by the Zoning Board of Appeals. Per Section of the Zoning Ordinance, a setback that projects more than 30% into the required setback may be allowed with a standard variation. Recommendation: Staff recommends approval of the above-requested front-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. Staff believes that the front-yard setback variation to replace an existing porch is justified based on the location of the existing house and the development pattern in the neighborhood with other structures that project into the

11 Page 11 front yard setback. Further, staff believes that the one-story porch adds visual interest to the front elevation of the house. Zoning Board of Appeals Procedure: Under Section of the Zoning Ordinance (Standard Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned variances for the frontyard setback for an addition to a single-family residence in the R-1 zoning district. Acting Chair Szabo commented that these older neighborhoods have visual appeal. Acting Chair Szabo asked if anyone in the audience is in favor of this proposal. One person raised his hand. He asked if anyone objects to this proposal. No one responded. A motion was made by Board Member Schell, seconded by Board Member Hofherr, to grant the variance as proposed. AYES: NAYES: Schell, Hofherr, Green, Szabo None ***MOTION CARRIED UNANIMOUSLY*** OLD BUSINESS Board Member Hofherr asked when a Chair will be appointed. Acting Chair Szabo suggested this topic be tabled until the two other Board Members are present. ADJOURNMENT A motion was made by Board Member Green, seconded by Board Member Schell, to adjourn the meeting at 8:35 p.m. AYES: NAYES: Catalano, Green. Hofherr, Schell, Saletnik None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona Recording Secretary

12 Page 12 cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners