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HomeMy WebLinkAbout09/14/2000 ZBA minutes 26-2000 MINUTES OF 'l'l-I~: REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CORRECTED MINUTES CASE NO. ZBA-26-2000 Hearing Date: September 14, 2000 PETITIONER: Mike Assad for Urban Investment Trust, Inc. PROPERTY ADDRESS: 1740 Dempster PUBLICATION DATE: August 9, & August 23, 2000 JOURNAL TOPICS REQUEST: Conditional Use and Variation to construct a 7-11 Store and Citgo Gas Station MJEMBERS PRESENT: Merrill Cotten Hal Ettin§er Leo Floros Elizabeth Luxem Richard Rogers Keith Youngquist Arlene J'uracek, Chairperson MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Wm..1. Cooney, AICP, Director of Community Development INTERESTED PARTIES: (3reg Grunewald Dave Patel Paul A~ Sanderson Hiren Shah Mr. Meheshi Chairperson Arlene ,luracek called the meeting to order at 7:34 p.m. Minutes of the August 24, 2000 meeting were approved with one correction to Case ZBA-28-2000. At 7:37, Ms. Juracek opened Case ZBA-26-2000, a request for a Conditional Use and Variation to construct a 7-11 Store and Citgo Gas Station. William Cooney, Director of Community Development, stated that public notice had been given and introduced the staff memorandum for the item, a Conditional Use and Variations to construct a 7-11 Store and Citgo station. Mr. Cooney then informed the Zoning Board that the case would be Village Board final. Mr. Cooney summarized the case. He stated that the subject property is a vacant muffler shop at the northeast comer of Algonquin and Dempster Roads, adjacent to a commercial development and across the street from a multifamily development. He explained that the petitioner wants to raze the existing structure and construct a 2,677 square-foot 7- 11 Convenience Store and Citgo Gas Station with four gas pumps. He said the petitioner proposes to reeonfigure access to the site by creating a new driveway on Dempster Street and also keep the driveway on Algonquin Rd. Mr~ Cooney said the petitioner is seeking Variations 1) for a canopy to encroach six-feet into the required 30-foot setback along Algonquin Road, 2) to provide a $.5-foot perimeter landscape setback instead of the required ten-feet, 3) to have a ten-foot rear setback where code requires a minimum of 20-feet and 4) to increase the amount of permitted lot coverage from 75% to 77%. Zoning Board of Appeals ZBA-26-2000 Arlene Juracek, Chairperson Page 2 Mr. Cooney described the adjacent properties as a Commonwealth Edison easement to the north, a Popeye's Chicken Restaurant and strip mall to the south, Jay's Liquors and a laundromat to the east, and the Cinnamon Cove apamnent complex to the west. Mr. Cooney said the proposed gas station would require Conditional Use approval by the Village Board and approval of Variations to the Zoning Code setback requirements because the canopy, parking lot, and convenience store will encroach into the required setbacks. He said that, although the automotive use is similar in nature to the previous automotive use, the proposal would increase the retail activity at this location. Mr. Cooney informed members that the petitioner has received tentative approval from IDOT for the proposed curb cut along Dempster Street and does not plan to reconfigure the existing curb cut along Algonquin Road. Staff prepared a diagram showing the turning radius for a fuel tanker and the fuel tanker can adequately access the subject property from Dempster Street if the curb cut is reduced. Mr. Cooney said staffcontacted IDOT and discussed the possibility of restricting access from Dempster Street as a right-in only and narrowing the curb cut to 24~feet. IDOT concurred with staffs assessment and agreed to include the Village's request for the turn restriction and narrower curb cut before issuing an IDOT permit to the applicant. Mr. Cooney said the proposed structure is a 2,677 square foot building constructed of CMU, concrete masonry unit, which is a concrete block material. He described the landscape plan which includes ten-foot wide perimeter landscaping areas around the north, east, and west property lines, and a planting bed along the south lot line. The perimeter landscaping consists of a variety of oruamental and shade trees. He said approximately 23% of the subject property is devoted to green space and code requires 25%. Mr. Cooney said foundation plantings are not provided in front of the proposed structure and, in order to meet the intent of the code, the applicant must enhance the proposed landscape area along the south and west property lines and include low-growing evergreen trees to provide year-round, "green" coverage. He also said that enhancing the quality and quantity of the perimeter landscaping along Dempster and Algonquin frontages will help the sim meet the intent of the code and the proposed Corridor Guidelines. Mr. Cooney said staff met with the petitioner and Police Department representatives to discuss the best approach to ensure the safety of customers and employees resulting in the decision that two security lights will be wall mounted on the back wall of the building in a manner that illuminates the north and east areas but does not impact the neighboring residential uses, and a six-foot wooden fence to be constructed along the north property line. Mr. Cooney said the proposed building is set back 10-feet from the north property line, 10-feet from the east property line, and 65-feet from the south property line. He explained that the proposed canopy would encroach six-feet into the 30-foot setback along Dempster Street. The site is required to have a 20-foot setback along the north property line, and a 30-foot setback along Dempster Street. Setback variations are required because the building encroaches ten-feet into the rear setback, the canopy encroaches six-feet in the front 30-foot setback, and a 5.5-foot perimeter landscaped area is provided instead of the required mn-feet. He pointed out that eleven parking spaces are required and the petitioners site plan includes fourteen spaces. Mr. Cooney explained that the site could meet the minimum 75% lot coverage requirement by narrowing the Dempster Street curb and eliminating three parking spaces. Mr. Cooney reviewed the project as it relates to the Village's Conditional Use Standards and explained that the convenience store is a permitted use. The gas station component of the project requires Conditional Use approval but is similar in nature to the previous automotive use. He said the proposal is of a similar intensity to the surrounding commercial area. He said that revising the landscape plan to provide an enhanced buffer along the south and west property lines should allow little or no negative impact on the adjacent area, utility provision or public streets in the area. He also said the proposed Conditional Use will comply with the Comprehensive Plan and the Zoning Ordinance requirements with the exception of the canopy, front perimeter landscape area, and the rear setback. He said the proposed Conditional Use would not have any significant effect on the public welfare. Zoning Board of Appeals ZBA-26-2000 Arlene Juracek, Chairperson Page 3 Mr. Cooney reviewed the project as it relates to the Village's Variation Standards and explained that the location where the canopy encroaches into the setback is not near any residential uses. He also pointed out that reducing the access aisles to reduce the size of the canopy would limit a driver's ability to enter or exit the site. The reduced setback does not have a negative effect on the adjacent residential area or on the public welfare. Mr. Cooney said the 10' rear setback: request allows sufficient access to the CornEd right-of-way and the convenience store is located far enough away from residential property that the location will not have an impact on the residential uses. He said that locating the building away from the street is a safer traffic design and provides better screening for the adjacent residential property. These factors are unique characteristics to the subject property and support the petitioners need for a variation. Mr. Cooney said the 5.5-foot setback along Dempster Street does not meet the standards for a Variation: the fuel tanker does not require a reduced setback to access the site; a moving vehicle can pass between a vehicle parked at the gas dispenser if the parked vehicle pulls forward. The site plan and traffic flow of the subject property does not support the requested variation for a 5.5-foot setback along Dempster Street. Mr. Cooney summarized by saying that staff recommends that the ZBA recommend approval of the proposed Conditional Use to permit the establishment of a 7-11/Citgo Convenience Store and Gas Station, and Variations to locate a canopy in the required 30-foot setback and reduce the rear setback as shown on plans dated July 13, 2000 at 1740 W. Dempster, Case No. ZBA-26-2000, with the conditions of approval listed in the staff memo. Mike Asaad, of Urban Investment Trust, was sworn in. Mr. Asaad provided Board members with copies of an aerial view showing the easement for high-tension wires around the property, photographs of the site and surrounding property, and a sketch of the gas pumps. Mr. Asaad said his company has owned the property for a long time and has leased it to many different businesses that were unsuccessful. They want to end that cycle and bring in a more stable business. He said they were able to attract the 7-11/Citgo businesses, and wish to build-to-suit for their long-term lease tenants. Mr. Asaad said they agreed with the conditions imposed by staff although 1) they would prefer to put a 3'-4' hedge rather than a fence in the rear of the property; 2) they would prefer not to put trees along the front property line where cars enter and exit as they already have fifteen trees on the site; and 3) for safety reasons, industry standards call for a 25' distance between the pumps and the curb because automobile gas tanks are located in different areas and any less space would get congested; a car would have difficulty passing parked cars if the front yard setback variation was not approved. Hal Ettinger said he was concerned that motorists would cut through the property to avoid the stoplight. Mr. Asaad said they would monitor the possibility of those situations and hire security personnel as a remedy if needed. Mr. Ettinger was concerned about the capacity and functionality of the proposed underground stormwater detention vault. Mr. Cooney said it is not uncommon to use underwater ground vault water detention. He said if the system is functioning properly, and it fills completely and spills out to the parking lot, that would mean that the storm was so large that many areas in the Village were likely flooding. Mr. Ettinger was concerned about possible gas contamination to the stormwater. Mr. Asaad explained the safety precautions taken by their engineers to ensure against this. Richard Rogers asked if, in conjunction Condition 3a, they would ensure the replacement to the proposed concrete block be brick, not Dryvit, Mr. Asaad said yes. Mr. Cotten stated that most gas station canopies are 14' or 15', what was the reason they required 18'. Mr. Asaad said the Citgo engineering firm designs thousands of stations with 18' canopies. Mr. Asaad said he had no problem with a 14' canopy if there is no safety issue. Ms. Juracek suggested Citgo work with staff to try to bring the canopy down to 14'. Discussion followed on the fence vs. shrub question and it was agreed a wooden fence would be required at the back of the property. oning Board of Appeals ZBA-26-2000 Arlene Suracek, Chairperson Page 4 Keith Youngquist asked if the two islands to south and west could be shifted to the northwest to allow a greater setback. Mr. Asaad responded there was very little flexibility due to space restrictions. Mr. Asaad said staff and engineering had worked over three months on different styles of building but 7-11 wouldfft approve any other plan. Arlene Juracek asked Mr. Asaad if he agreed with the seven conditions imposed by staff, with the addition to 3a. that no Dryvit would be used, and if he agreed to put a fence in the rear rather than shrubbery. Mr. Asaad said he did agree. Rick Grunewald, 1763 Algonquin Rd., was sworn in and said that he was concerned about traffic especially motorists making a left-hand turn onto Dempster and into station. Paul Sanderson, 1777 W. Algonquin Rd,, and Hiren Shah, 140t Busse Rd. also came forward to express concern with traffic at that intersection. Mr. Cooney said the Village Engineering staff had approved the plan and did not make any recommendations to further restrict ingress/egress. Mr. Rogers asked ifa no right-turn on red sign could be placed at that.comer. Mr. Floros said restricting right tums would further add to traffic congestion. Ms. Juracek asked that staff review the three,foOt shrubbery height along Algonquin Rd. to ensure that they do not present a line-of-sight issue for motorists and investigate with IDOT any potential for traffic control changes along Dempster and Algonquin. Richard Rogers made a motion to recommend approval of the request for Conditional Use and Variations, with the conditions listed in the staff memo, modified by the ZBA to allow a 5.5-foot setback along a portion of Dempster Street, and add the condition to lower the height of the canopy. Elizabeth Luxem seconded the motion. At 8:27, Chairperson Juracek closed the Public Hearing and asked for discussion from the Board. UPON ROLL CALL: AYES: Cotten, Floros, Luxem, Rogers, Youngquist, and Juracek NAYS: Ettinger Motion was approved 6-1. At 9:15 p.m., Elizabeth Luxem made motion to adjourn seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Wil[~;}~n~. Coo~le~, J.r.',-AICP I ~ Director of Community Development