===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: A. Four Variances from the Zoning Ordinance for the Property at 110 E. Roosevelt Road FILE NUMBER: COMMITTEE AGENDA DATE: Oct. 14 2019 Ordinance #: 19-O-0031 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE WA Cm APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: Dunkin’ is located on a 0.6 acre lot at the southeast corner of Roosevelt Road and Joliet Street. The property is improved with an 1,800 square foot drive-through/sit-down restaurant and 16 parking spaces. Originally constructed in 2007, Dunkin’ received a Special Use Permit in 2010 to landbank two of its original 18 parking stalls, which allowed them to reconfigure the drive aisles for more effi- cient access through the site. The work involved modifying the Joliet Street entrances, reducing the size of the trash enclosure, adding directional signage and modifying the parking along Joliet to an- gled spaces. The timing of the proposed improvements is associated with the business becoming both a Dunkin’ and Baskin Robbins operation. The petitioner is proposing to widen the drive-through and escape aisles, as the existing configuration fails to allow two cars to safely drive around the building at the same time. If improved, both the drive-through and escape lanes would be no less than 11.5 feet and 11 feet, respectively, at their narrowest. The improvements would necessitate expanding the curb lines and reducing the size of the existing trash enclosure. Moving the curb line would mean a reduc- tion of the landscape setback area from ten feet to 5 feet on the property’s south side. It would also mean changes to the east side, reducing the landscape setback area from ten feet to 7 feet. These two changes require variances. There are also two variances associated with the stacking of vehicles in queue. The first would allow four vehicles to stack in lieu of the required minimum of five. The second variance would allow that stacking to occur where it already does, in the actual corner side yard along Joliet Street. The petitioner analyzed the proposed turning movements and finds them to be adequate with the re- visions. Also, while the parking stalls will be reconfigured to help with the circulation, there will be no changes to the number of stalls provided. Finally, the curb relocations will cause the loss of two exist- ing trees, a 12” American Elm and a 10” Honey Locust. Both will replaced with young versions of the same species. In addition, a new shade tree will be planted on a proposed landscape island along Jo- liet Street. The Plan Commission/ZBA reviewed the proposed variances at its meeting held October 1, 2019 and members recommended unanimously in favor by a vote of 5-0. ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] ACTION PROPOSED: Recommendation to approve Ordinance 19-O-0031 COMMITTEE RECOMMENDATION: Pc: Ordinance 19-O-0031 ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 19-0-0031 AN ORDINANCE APPROVING VARIANCES FROM THE ZONING CODE FOR DUNKIN DONUTS LOCATED AT 110 EAST ROOSEVELT ROAD WHEREAS, on May 30, 2019, Vishal Vaghani of Vaghani’s Network WC LLC (the “APPLICANT”), filed an application for certain variances from the Zoning Code for the property located at 110 East Roosevelt Road legally described in Exhibit “A”, which is attached hereto and incorporated herein as the “SUBJECT REALTY”; and, WHEREAS, Notice of Public Hearing on said application was published in the Daily Herald on September 16, 2019, as required by the ordinances of the City of West Chicago and the statutes of the State of Illinois; and, WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago, commencing on October 1, 2019, pursuant to said Notice; and, WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of their application, and all interested parties had an opportunity to be heard; and, WHEREAS, the corporate authorities of the City of West Chicago have received the recommendation of the Plan Commission/Zoning Board of Appeals for the variances, which contains specific findings of fact, pursuant to Recommendation No. 2019-RC-0014, a copy of which is attached hereto as Exhibit “B” which is, by this reference, incorporated herein. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, DuPage County, Illinois, in regular session assembled, as follows: Section 1. The following variances are hereby granted for the SUBJECT REALTY: 1. A variance from Section 10.3-2(C)(3) of the West Chicago Zoning Code to allow a seven (7) foot landscape setback in lieu of the minimum required ten (10) foot landscape setback along the east lot line. 2. A variance from Section 10.3-2(C)(4) of the West Chicago Zoning Code to allow a five (5) foot landscape setback in lieu of the minimum required ten (10) foot landscape setback along the south lot line. 3. A variance from Section 13.3(C)(4)(c) of the West Chicago Zoning Code to allow a four (4) stacking spaces in a drive-thru lane in lieu of the minimum required five (5) spaces required be- ginning at the drive-thru order station. 4. A variance from Section 13.3(C)(3) of the West Chicago Zoning Code to allow stacking spaces in the actual corner side yard along Joliet Street in lieu of stacking spaces being prohibited in the actual corner side yard. Section 2. The granting of the variances listed in Section 1 is subject to substantial compliance with the following plans: 1. Site Plan prepared by Craig R. Knoche & Associates dated July 23, 2019 with a final revision date of August 22, 2019 consisting of one (1) sheet (Sheet C1.1), a reduced size copy of which is attached hereto as Exhibit “C” which is, by this reference, incorporated herein. Ordinance 19-O-0031 Page | of 7 ===== PDF PAGE 17 ===== [Extraction: OCR (rendered-page OCR)] 2. Landscape Plan prepared by Craig R. Knoche & Associates dated July 23, 2019 with a final revi- sion date of August 22, 2019 consisting of one (1) sheet, a copy of which is attached hereto as Ex- hibit “D” which is, by this reference, incorporated herein. Section 3. That all ordinances and resolutions, or parts thereof, shall, to the extent not expressly modi- fied by the terms and conditions of this Ordinance, remain in full force and effect as therein provided. Section 4. That this Ordinance shall be in full force and effect ten (10) days from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of 2019. Alderman J. Beifuss ee Alderman L. Chassee ee Alderman J. Sheahan ee Alderman H. Brown ee Alderman A. Hallett _ Alderman Ferguson ee Alderman Birch Ferguson Alderman S. Dimas oe Alderman K. Meissner ee Alderman M. Garling ee Alderman R. Stout Alderman G. Garcia Alderman N. Ligino-Kubinski APPROVED as to form: Patrick K. Bond, City Attorney APPROVED this day of 2019. Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith PUBLISHED: Ordinance 19-0-0031 Page 2 of 7 ===== PDF PAGE 18 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” LEGAL DESCRIPTION OF SUBJECT REALTY LOT 1 IN KOEPKE’S ASSESSMENT PLAT OF PART OF THE WEST HALF OF SECTION 15, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 20, 1961 AS DOCUMENT NO. R6130844, IN DUPAGE COUNTY, ILLINOIS. Tax ID Number 04-15-118-001 Ordinance 19-O-0031 Page 3 of 7 ===== PDF PAGE 19 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “B” RECOMMENDATION NO. 2019-RC-0014 TO: Honorable Mayor and City Council SUBJECT: PC 19-14 Variances from the Zoning Code for the property at 110 E. Roosevelt Road. DATE: October 1, 2019 DECISION: With a vote of five (5) “yes” and zero (0) “no”, a motion to recommend approval of the request was carried by the Plan Commission/Zoning Board of Appeals. RECOMMENDATION: After holding a public hearing and after review of the requested variances from the Zoning Code for the property at 110 E. Roosevelt Road, the Plan Commission/Zoning Board of Appeals (PC/ZBA) recommends approval of the request. The PC/ZBA based this decision on the following findings of fact: (1) The particular physical surroundings shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue, if the strict letter of the regulations were carried out. The property has been functioning as a drive-thru Dunkin Donuts for several years and has experienced diffi- culty in adequate circulation throughout the site. This is in large part to the relatively small size of the proper- ty. The property is also not perfectly rectangular and as a result the building was constructed to not be com- pletely perpendicular with property lines. This has resulted in narrow drive aisle widths built to accommodate setbacks. (2) The condition upon which the requested variation is based would not be applicable, generally, to other property within the same zoning classification. The small size of the lot creates difficulty in trying to improve an already existing drive-thru without the need to reduce setbacks. Although other lots in the B-2 district may exist that have similar constraints, this pro- posed variance is unique in that it is attempting to solve an issue that was created as a result of the develop- ment of the site by the previous owner. (3) The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The petitioner recently purchased the property from the Dunkin Donuts corporation to continue operating as a Dunkin Donuts. The petitioner did not design nor construct the site layout or building. (4) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The purpose of the variances is to make vehicular access throughout the site safer and more efficient. This results in less stress on public streets that could potentially see back-ups from the site. Furthermore, the peti- tioner is replacing all affected landscaping in the required landscape yard to continue an effective buffer and Ordinance 19-O-0031 Page 4 of 7 ===== PDF PAGE 20 ===== [Extraction: OCR (rendered-page OCR)] screening from neighboring properties. (5) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantial- ly increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood. The variances being sought will help to alleviate traffic issues on site and allow a more efficient flow of vehicular traffic around the building. This will prevent cars entering from Joliet Street from needing to stop momentarily to circulate around the building and also prevent 3-point turnabouts from occurring in order to enter the drive-thru lane. (6) The proposed variation complies with the spirit and intent of the restrictions imposed by this Zoning Code. Although the required landscape yard setbacks will be reduced in size, the landscape yards will still exist and will contain adequate landscaping to provide the intent of screening and buffering between properties. The variances related to the drive-thru location and drive-thru stacking will be an improvement from the existing drive-thru configuration to provide more efficient vehicular access around the building and into the drive-thru. The Plan Commission/Zoning Board of Appeals recommended approval of the variances subject to the site shall being developed in substantial compliance with the following plans: 1. The Site Plan prepared by Craig R. Knoche & Associates dated July 23, 2019 with a final revision date of August 22, 2019 consisting of one (1) sheet. 2. The Landscape Plan prepared by Craig R. Knoche & Associates dated July 23, 2019 with a final revision date of August 22, 2019 consisting of one (1) sheet. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Dettman Hale Kasprak Faught Devitt Henkin Laimins Ordinance 19-O-0031 Page 5 of 7 ===== PDF PAGE 21 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “C” (Insert the Site Plan here) Ordinance 19-O-0031 Page 6 of 7 ===== PDF PAGE 22 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “D” (Insert the Landscape Plan here) Ordinance 19-O-0031 Page 7 of 7 ===== PDF PAGE 23 ===== [Extraction: OCR (rendered-page OCR)] a | ~ : "Step, EXHIBIT "C" | | ~ \ | | i Jj % p | | ~~ 7, we Sx : | | /) = ‘ ~~ 3 // : \ ff a | / i a Re 4 i B = ~ pf He =a __-_ | i fh i / f TO REMAN TO BE REMOVED he 191° 1 | i / } comet cl = | & H : : / ——_ PARKING REQUIRED: 16 SPACES f | } | EX CURB TO PARKING PROVIDED: 16 SPACES ( i jf @) { yi / SITE IMPERVIOUS a Faietied BE ie ‘ l= . / | | eeeacme ene, = ‘SAND LR pl A Pes | / | oo) K yy OS] i i fae geen (re © ms /¢ ir i / | Ex (| — / : en ee ee hd “| ONLY SIGN °/ i | = | ——19.1' - 15.5" 11.8! : _ 1 ex cuRB To } i fr / SS rs A [TE RocaTD oy pons: ml | . \——7 I ah Jo’ | | a ~~ l are se i fi i | aa. 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