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HomeMy WebLinkAbout11/09/2000 ZBA minutes 40-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-40-2000 Hearing Date: November 9, 2000 PETITIONER: Terrence Roswick, Architect for Home Depot Greenberg Farrow Architecture 3455 Salt Creek Lane, Suite [00 Arlington Heights, IL 60005 PUBLICATION DATE: October 25, 2000 DAILY HERALD REQUEST: Amend Conditional Use Permit and Variations to Construct a Tool Rental Center and Outdoor Storage Area at 350 E. Kensington MEMBERS PRESENT: Merrill Cotten Hal Ettinger Leo Floros Elizabeth Luxem Pdchard Rogers Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development Judy Cormolly, AICP, Senior Planner INTERESTED PARTIES: Terry Roswick James McPhael Chairperson Arlene Juracek called the meeting to order at 7:37 p.m. Keith Youngquist made a motion to approve the minutes of the October 26 meeting, seconded by Leo Floros, and the minutes were unanimously approved. At 7:40, Ms. Juracek opened Case ZBA-40-2000, a request to amend a conditional use permat and variations to construct a tool rental center and outdoor storage area at 350 E Kensington Judy Connolly, Senior Planner, stated that public notice had been given and introduced the staff memorandum for the item The petitioner is seeking to amend the Conditional Use permit that established Home Depot, and would like to construct a tool rental center and outdoor storage and racking area along the west elevation of the existing structure. The original ordinance was approved in 1994; the tool rental cemer, outdoor storage area, and outdoor racking proposal were not parr of the original approval for the home ~mprovement cemer. Therefore, the proposed modifications require amending the original Conditional Use permit through approval by the Village Board, following a public hearing with, and recommendation by, the Zoning Board of Appeals. Ms. Counolly described the proposed changes, which are to the west elevation of the building. The tool rental center is 20'x100'; the outdoor storage ~s adjacent to that and would occupy 20'x35', while the racking area would be closer to the roil-up door and use 20'x32'. The racking area would be used to store merchandise outside overnight and then be loaded into the store the next day or onto trucks The petitioner proposes to screen the racking area with a 20' fence and then use a 10' fence for the outdoor storage. The fence would be green, vinyl coated chain link fence with green slats to screen and secure the area. The Zoning Ordinance allows fences up to 8' in height to screen commercial districts The fence must be wood when it is adjacent to residential. Ms. Connolly explained the petitioner currently uses the subject area to unload and store merchandise before it is put in the storeroom and shelved. Overnight storage is not allowed in that area and the petitioner is required to keep the Zoning Board of Appeals ZBA-40-2000 Arlene Juracek, Chairperson Page 2 area clear of any debris. Installing the racking area and allowing outdoor storage overnight would help the petitioner maintain the west area of thc facility in an orderly manner. The tool rental center would have an overhang and the fence would define each area. Except for the fence, there are no alterations proposed to the existing building. Ms. Connolly read the Conditional Use Standards, which require that specific findings be made in order to approve a conditional use. She said the proposed conditional use would be located within the Randhurst Shopping Center, which is an existing PUD in the B-3 Community Shopping District. No changes to the exterior of the structure or site other than for the tool rental center are proposed. The proposed modification is located away from the residential area. The development would have limited impact on the adjacent neighborhoods, utility provision or public streets. The proposed conditional use would be in compliance with the Comprehensive Plan and the Zoning Ordinance requirements. The proposed use would allow the petitioner to better store and screen merchandise at their site. Ms. Connolly explained that the proposed fence also requires approval of a variation and that the fence variation is final at the ZBA level. To approve the proposed 10'-20' chainlink, slat fence the ZBA has to find that the fence is necessary became of a hardship due to the physical surroundings, shape, or topographical conditions of a specific property and is~not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property. Ms. Connolly reported that the subject area is located along Kensington Road, a major thoroughfare in the area. The proposed fence would be visible from the mad and to the adjacent commercial businesses. The proposed 10' and 20' height is intended to secure the merchandise stored outside, but is not consistent with the height or material of the existing fence used in the garden area. The garden area has outdoor storage, but is secured by a 14' wrought-iron type fence, which was approved as part of the original PUD. Ms. Connolly stated that the petitioner is permitted to install an 8' fence and presents no justification for needing a higher fence. A wood fence could secure and screen the area in a more effective manner than a chain link fence with slats because a wood fence requires less maintenance and can be constructed in a more solid manner than chain link to better secure merchandise stored outdoors The proposed fence does not meet the standards for a variation and would have a significant effect on public welfare and neighborhood character. Ms. Connolly said the proposed tool center, outdoor storage, and racking area would comply with the Conditional Use standards established by the Zoning Ordinance. However, the proposed fence height and materials do not meet the standards for a variation and there is a viable alternative that meets code requirements. Therefore, Staff recommends that the ZBA deny the fence variation but make a recommendation to the Village Board to approve the requested Conditional Use amendment to construct a tool rental center and outdoor storage area at 350 E. Kensington Road with the following conditions: 1) The area along the west elevation is screened with an 8' wood fence; so as to minimize the impact on the adjacent properties, 2) the rental center hours of operation cannot exceed the hours of operation of Home Depot; 3) the racking area cannot be used after 10 p.m.; 4) and the entire area must remain clear of any debris and be well matntained. Arlene Juracek asked why the racking area could not be used after 10pm. Ms. Connolly said the intent of the 10pm restriction is so there is no noise for the neighboring residences. She also said it was her understanding that, due to the high volume of deliveries received, there is no time to unload and shelve the delivered merchandise in the store and contractors make pick-ups in the a.m. from the pallets. Richard Rogers asked why the recommendation was for a wood fence rather than masonry. Ms. Connolly said, per Code, a wood fence is required on commercial property that is adjacenr to residential. She said the Board could require masonry as a condition of approval Ms. Juracek said the location is not adjacent to residential and Ms. Connolly clarified that the area would be visible from the residential area and the character of the area would be consistent with having a wood fence; to have a 20' chainlink fence with green slats would not be typical of what is Zoning Board of Appeals ZBA-40-2000 Arlene luracek, Chairperson Page 3 found in that commemial district. Hal Ettinger asked where the fence would be and Ms. Connolly replied it would be along the west elevation, to secure the merchandise. She said Ward's Automotive would be on the other side of the fence. Ms. Connolly also stated that there is a masonry fence by the garden center on the east elevation, adjacent to the condominiums. Jim McPhael, 219 S. Pine Street in Mount Prospect, Real Estate Manager for Home Depot in the Chicagoland area, was sworn in and said the tool center is part of the upgraded remodel facility that they would like to attach to the current facility at the Randhurst Mall. Currently, customers doing remodeling projects do not want to purchase the necessary tools for one project, they want to just rent them. Home Depot would, at the same time, like to put up racking to clean up the housekeeping issues in the area and pointed out that they have begun painting the facility. He introduced the Site Development Coordinator, Terry Roswick, to demonstrate the physical aspects of the project. Mr. Roswick was sworn in and set-up easels to show the overall site plan. He described the area and explained their proposed remodeled facility Hal Ettinger asked how the materials received through the overhead door differed from the materials received by truck. Mr. McPhael said they receive their plumbing materials through the truck dock, whereas the materials received on the west side were lumber materials and are delivered off of a flat bed These materials require '¥naneuvering" room for forklifts. Mr. Ettinger asked if the tool rentals are done inside the store. Mr. McPhael said yes, the transactions occurred inside the store. Mr. Rogers asked if the tool center was just a fence around the area. Mr McPhael said the tool center is a block structure built to match the current Home Depot store and is basically an appendage to the facility. It is a masoary structure with a roof and is the typical size used in nine other Home Depot facilities in the area. The fenced-in area in back is used to store scaffolding and other large items. Keith Youngquist asked if there is a fence around the racking area and was told no, the fencing is adjacent to the outdoor racking area. Ms. Juracek said the drawings show a 10' high galvanized security fence and a 16' high fence with a 12' high gate. She asked petitioner to explain the two fenced-in areas again. Mr. Roswick described the tool rental center as an appendage to the existing store, an enclosed space with a mol; right behind that is a 20' x 35' outdoor enclosed area with no roof for storage for the tool rental products, surrounded by a 10' high fence with a gate to secure the large outside storage of tools. The proposed pro-initiative ama for contractors to pick-up materials is further south of the tool rental area; that area is 32' x 20', is enclosed, and has a roof over it; the racking area is adjacent to that. Ms. Juracek said the Home Depot representative stated they would be amenable to a wooden fence as proposed by staff. Would they also be amenable to an 8' height for both the 10' and 16' sections. Mr. McPhael said they would prefer a taller fence for security but would agree to a 10' to 12' foot section and would accept a solid screening of wood to whatever fits the character of Mount Prospect. Ms. Iuracek asked if the taller height was requested for security or screening. Mr. McPhael said Home Depot wanted the higher fence for security and the Village wanted the wooden fence for screening. Ms. Jumcek asked why a 16' fence with a gate is necessary for the contractors' pick-up area. Mr. McPhael said it was for security for the overnight storage of items to be picked-up. Arlene Nissen, 412 Garwood, was sworn in and asked about automobile and truck access to the new rental area. She said there had been problems in the past with 5:30 a.m. start time for forklifts and the noise and gasoline odor from trucks. Ms. Nissen said Home Depot was a good neighbor and had been very responsive to her concerns. Mr. McPhael said off-loading of trucks would not occur before 8:00a.m. Ms. Jumcek said the Village appreciates that Home Depot is a good corporate citizen in our Village. At 8:05, Ms. Juracek closed the hearing and asked for discussion. oning Board of Appeals ZBA-40-2000 Arlene Juracek, Chairperson Page 4 Ms. Luxem said she applauds Home Depot for being a good neighbor but is opposed to the building being any larger and longer than it is at present. Mr. Youngquist expressed concern that a fence would not enclose the racking area, although he could understand why it would be difficult to have a fence in that area. Ms. Suracek said the scaffolding is probably stacked on the ground now and the racking is meant to provide interim storage so it is more of a working area than a storage area. Mr. McPhael said the fenced area would have overnight storage and lumber would be kept in the racking area. Mr. Etfinger said he would be in favor ora higher fence to ensure security. Mr. Youngqnist said 10'-12' would push the limits of a wood fence, any higher would need to be a chain link fence which he would oppose. Mr. Ettinger asked if an 8' fence would cover all the products that they plan to store. Mr. McPhael said Home Depot would need to modify the intent of the fenced area and not stack above that 8'. At 8:15, Ms. Juracek summarized the Board Members' comments and asked for a motion. She suggested approval be subject to the conditions imposed by staff Richard Rogers made a motion to recommend approval of the Conditional Use for the tool center but limit the two storage areas to an 8' high wooden fence with the conditions listed in staffs memo for Case No. ZBA-40-2000 at 350 E. Kensington Road. Keith Youngquist seconded the motion UPON ROLL CALL: AYES: Cotten, Ettinger, Floros, Youngquist, and luracek NAYS: Luxem, Rogers, Motion was approved 5-2. At 9:13 p.m., Elizabeth Luxem made motion to adjourn, seconded by Hal Ettmger. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary Judy Connolly, Scmior Planner