HomeMy WebLinkAboutPZB 5.26.26 Mtg Mins-appdCASE NO. 26-018-V MAJOR VARIATION 319 DOVER DR
CASE NO. 26-019-TA TEXT AMENDEMNT CITY-WIDE
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DES PLAINES PLANNING AND ZONING BOARD MEETING
Tuesday, May 26, 2026
MINUTES
The Des Plaines Planning and Zoning Board held its regularly scheduled meeting on Tuesday,
May 26, 2026, at 7:00 p.m. in Room 102 of the Des Plaines Civic Center.
Acting Chairman Catalano called the meeting to order at 7:00 p.m. and a roll call was established.
PRESENT: Weaver, Fowler, Fallico, Zadrozny and Catalano
ABSENT: Szabo, Veremis
ALSO PRESENT: Jonathan Stytz, AICP, Senior Planner
Jonathan Mendel, AICP, Assistant Director
A quorum was present.
APPROVAL OF MAY 12, 2026 PZB MEETINGS MINUTES
Member Zadrozny moved and Member Fowler seconded a motion to approve the minutes as
presented.
AYES: Weaver, Fowler, Zadrozny, Fallico and Catalano
NAYS: None
ABSTAIN: None
***MOTION CARRIED***
PUBLIC COMMENT ON NON-AGENDA ITEM
There was no public comment.
GENERAL COMMUNICATIONS
Assistant Director Jonathan Mendel provided the following updates and general communication:
May 18, 2026 City Council meeting results:
• Consideration of an Ordinance Approving a Conditional Use for a Commercial School for
Central Scholar Academy at 1585 Ellinwood Street – 2nd Reading and Approved (from the
April 14, 2026 PZB recommendation)
Administrative Decisions:
• 26-026-V - 1603 Stockton Ave - To vary the maximum 4 foot tall fence height in a corner
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side yard in Section 12-8-2.A.2 permitting an 6 foot tall solid fence within the side yard. –
Denied – 1. The fence can be lowered to 4.0 feet & 50% open or remain at a height of 6
feet w/ a solid design at a minimum setback of 10.0 feet. 2. There are no other
nonconforming/noncompliant fences along the adjacent blocks near Arndt Park.
PENDING APPLICATIONS:
1. Address: 319 Dover Drive Case Number: 26-018-V
The petitioner requests a major variation to allow a rear yard patio less than the minimum
required 5 feet from the rear lot line and any other variations, waivers, and zoning relief as
may be necessary.
Petitioner/Owner: Peter Siakpere, 319 Dover Dr, Des Plaines, IL 60018
Acting Chairman Catalano swore in the Petitioner – Peter Siakpere
Petitioner/owner: Peter Siakpere was present and requested waiver of oral presentation, which
was approved by PZB Acting Chairman Catalano, since Assistant Director Jonathan Mendel
clarified that the Petitioner’s request is sufficiently outlined in the PZB meeting agenda packet.
Assistant Director Mendel presented the staff memo analysis.
Issue: The petitioner requests major variation to keep a patio setback 0 feet from the rear lot line
instead of the minimum required 5 feet. This is a for a patio constructed without approved permits.
Petitioner/Owner: Peter Siakpere, 319 Dover Drive, Des Plaines, IL 60018
Case Number: #26-018-V
PIN: 08-024-402-156
Ward Number: #8, Alderman Mike Charewicz
Existing Zoning: R-3, Townhouse Residential
Existing Land Use: Two-Family Residence (residential)
Surrounding Zoning: North: R-3, Townhouse Residential District
South: R-3, Townhouse Residential District
East: R-3, Townhouse Residential District
West: R-3, Townhouse Residential District
Surrounding Land Uses: North: Two-Family Residences (residential)
South: Two-Family Residences (residential)
East: Two-Family Residences (residential)
West: Two-Family Residences (residential)
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Street Classification: Dover Drive is classified as a local road under City of Des Plaines
jurisdiction.
Comprehensive Plan: The Comprehensive Plan illustrates this site as residential.
Property/Zoning History:
Overview
The subject property was developed sometime in the early 1960s.
Patio Construction and Zoning Compliance
Staff had been made aware of the subject patio’s construction without an approved permit in late
March 2026 and staff issued a notice of violation to the Petitioner requiring a permit application.
The submitted permit application was reviewed for zoning compliance. The patio, as constructed,
did not comply with minimum required 5 foot setback from the rear (westerly) lot line. Instead of
automatically removing the noncompliant portion of the patio, the Petitioner requests the major
variation to keep the patio as constructed without approved permits.
MAJOR VARIATION
Request Description:
Overview
The petitioner requests a major variation from City Code Section 12-7-1.C requiring patios have a
minimum 5 foot setback from a rear lot line for patios.
Existing Conditions
The subject patio was constructed without an approved permit and is therefore an illegal
nonconforming structure as shown in the attached site photos.
Consideration of Alternatives
The subject patio has effectively only one option in lieu of a variation, which is to remove the
nonconforming portion of the patio and provide the minimum required 5 foot setback from the rear
lot line.
Subject Property – red outline
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Standards for Variation: The following is a discussion of standards for variations from Section
12-3-6(H) of the Zoning Ordinance. Rationale for how the proposed use would satisfy the
standards is provided below and in the petitioner’s response to standards. The PZB may use this
rationale toward its recommendation, or the Board may make up its own.
1. Hardship: No variation shall be granted pursuant to this subsection H unless the
applicant shall establish that carrying out the strict letter of the provisions of this title
would create a particular hardship or a practical difficulty.
Comment: There may not be any objective hardship or practical difficulty in this context as
compliance with the minimum setback could still provide a sufficient outdoor patio area about
6-7 feet deep.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots
subject to the same provision by reason of a unique physical condition, including presence
of an existing use, structure, or sign, whether conforming or nonconforming; irre gular
or substandard shape or size; exceptional topographical features; or other extraordinary
physical conditions peculiar to and inherent in the subject lot that amount to more than
a mere inconvenience to the owner and that relate to or arise out of the lot rather than
the personal situation of the current owner of the lot.
Comment: There may be no unique physical condition on the subject property warranting the
variation as its lot dimensions and yard layout is almost the same as other similar properties in
its immediate neighborhood.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action
or inaction of the owner or its predecessors in title and existed at the time of the
enactment of the provisions from which a variance is sought or was created by natural
forces or was the result of governmental action, other than the adoption of this title.
Comment: There is no unique physical condition on this property regardless of whether it was
the owner’s action or inaction.
4. Denied Substantial Rights: The carrying out of the strict letter of the provision from
which a variance is sought would deprive the owner of the subject lot of substantial rights
commonly enjoyed by owners of other lots subject to the same provision.
Comment: Carrying out the strict letter of the setback regulation may not deprive the owner of
substantial rights as compliance would still provide a likely sufficient area for an outdoor patio
similar in the manner enjoyed by the immediate neighbors with similar nearby lots.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the
inability of the owner or occupant to enjoy some special privilege or additional right not
available to owners or occupants of other lots subject to the same provision, nor merely
the inability of the owner to make more money from the use of the subject lot.
Comment: Granting this variation could be granting a special privilege to the Petitioner not
available to neighbors with similar properties.
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6. Title And Plan Purposes: The variation would not result in a use or development of the
subject lot that would be not in harmony with the general and specific purposes for which
this title and the provision from which a variation is sought were enacted or the general
purpose and intent of the comprehensive plan.
Comment: The intent of the minimum 5 foot setback is to provide pervious areas for drainage
at property lines and to prevent over-development of land, especially at property line
transitions.
7. No Other Remedy: There is no means other than the requested variation by which the
alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit
a reasonable use of the subject lot.
Comment: Compliance should still provide sufficiently ample outdoor patio area on this
portion of the subject property.
8. Minimum Required: The requested variation is the minimum measure of relief necessary
to alleviate the alleged hardship or difficulty presented by the strict application of this
title.
Comment: The variation requested is not the minimum measure necessary for relief as the
Petitioner does not desire to remove any of the illegally constructed patio.
Acting Chairman Catalano asked for PZB member comments.
Member Zadrozny asked if we know if the patio construction and pitch will cause flooding issues
onto the neighboring property. Assistant Director Mendel suggested the petitioner provide
additional information on the construction of the patio but it appears the patio may slope west
towards the neighbor’s property.
Acting Chairman Catalano asked the Petitioner to address this drainage question. Mr. Siakpere
stated the patio is pitched from house to fence but does not drain into neighbor’s yard and he stated
the neighbor to the west also has patio up against the property line.
Acting Chairman Catalano stated he was not sure the claim that no drainage goes into the
neighbor’s property can be substantiated.
Acting Chairman Catalano asked Assistant Director Mendel if the fence shown in the photos is the
west neighbor’s. Petitioner stated it is the neighbor’s fence.
Member Weaver asked if this building is a single unit building. Petitioner stated it is a two-unit
building.
Member Weaver asked if this patio extends across both units. Mr. Siakpere stated the patio does
not.
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Member Weaver asked when the original patio was put in. Mr. Siakpere stated when the house was
built in 1964.
Member Weaver when did the Petitioner acquire the property. Mr. Siakpere stated in 2012.
Member Weaver asked when the patio extension was constructed. Mr. Siakpere stated in early
2026.
Member Weaver asked how code enforcement discovered this issue. Assistant Director Mendel
said we do not have this information but it was discovered to be installed without a permit.
Member Weaver asked if the original patio was not in acceptable condition, why extend and not
replace the existing patio as it was. Mr. Siakpere stated he extended patio like his neighbor did.
Member Weaver asked how the neighbor’s action has any bearing on what the petitioner does. Mr.
Siakpere stated he didn’t know, he just did it. Assistant Director Mendel clarified that the entirety
of the patio area was replaced but that the new section extended into the setback area.
Member Weaver asked if the neighbor who did the patio extension was next door at 323 Dover or
on the other side of the fence. Mr. Siakpere stated it was the neighbor on the other side of the fence.
Member Weaver asked staff if the property at 323 is a code violation. Assistant Director Mendel
stated the aerial photograph shows a possible pervious area separating the neighbor’s patio from
the property line so it is not to the same extent as the subject property.
Member Weaver asked if the requirement is to have five feet of permeable material. Assistant
Director Mendel stated yes, the patio must be set back five feet per the zoning code.
Member Weaver asked again if 323 Dover Drive is in violation. Assistant Director Mendel stated
staff did not make a comparison on the neighboring property and staff’s analysis is focused on the
subject property.
Member Fowler asked if the petitioner was aware he needed a permit. Mr. Siakpere said no.
Member Zadrozny asked if the neighbor directly abutting this patio expressed any concerns with
the patio expansion on the subject property. Mr. Siakpere said no.
Natania Grantcharova of 317 Dover Drive, immediately to the south of the subject property, stated
she did not have a problem with the patio expansion.
Acting Chairman Catalano asked what the notice buffer area and requirements are for this request.
Assistant Director Mendel said the buffer area is 300 feet and properties within this area received
a physical letter.
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Member Fallico asked who did the concrete work and was that person a licensed contractor. Mr.
Siakpere said a friend did the work; he thinks he has a contractor’s license but doesn’t know.
Member Fallico asked the petitioner if he asked his friend if a permit was needed. Mr. Siakpere
said he did and his friend said no permit was needed.
Member Weaver said there are a number of cases looking to correct work done without a permit
and asked staff what could be done to keep this from happening. Assistant Director Mendel stated
the city has an entire section of the website devoted to permitting guides and contact information.
Constant reminders have diminishing returns and residents in any given community will take
action without permit regardless. When that happens in Des Plaines, staff try to give residents
information on due process remedies with the reminder there is no guarantee of approval.
Member Weaver expressed concern about work being done without a permit being approved after
the fact and potentially impacting neighboring properties but noted it is in the petitioner’s favor
that no one is at the meeting to express complaints. He also expressed concern generally of paving
over Des Plaines and contributing to flooding issues in City.
Assistant Director Mendel stated it is baked into the zoning code that patios are impervious
surfaces and regulates the minimization of them to an extent determined to be reasonable.
Senior Planner Stytz reminded the board they have the opportunity to review the request against
the standards for variation before making a decision.
Member Weaver asked how long the patio extension has been there. Assistant Director Mendel
said at least since March of 2026 when the permit review was completed.
Acting Chairman Catalano asked what the patio dimensions are. Assistant Director Mendel said
26 feet long by 15 feet wide and house is set back 15.9 feet from property line.
Acting Chairman Catalano asked if any permeable coverage calculation was done. Assistant
Director Mendel said no, the zoning code does not generally restrict impervious coverage in the
R-3 district.
Member Fallico stated this puts the board in an awkward position after the fact, because we don’t
know about the safety and durability of the work. There should be a better system to let people
know what they can and can’t do on their properties.
Member Fowler stated this issue doesn’t come up as often as we think and it may be time to
evaluate reduced setbacks with permeable materials used.
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Member Fowler moved and Member Fallico seconded a motion to recommend approval the major
variation as requested with no conditions of approval.
AYES: Weaver, Fowler, and Fallico
NAYS: Zadrozny and Catalano
ABSTAIN: None
***MOTION CARRIED***
Under Section 4.08 of the Planning & Zoning Board Rules and Procedures, the 3-yes, 2-no vote is
a recommendation to the City Council to approve the request.
2. Address: City-Wide Case Number: 26-019-TA
The petitioner requests text amendments to the City Code Title 12 (Zoning) Section 12-3-
11 Building Design Review, Section 12-8-1 Accessory Uses and Structures, Section 12-8-
13 Cannabis Business Establishments, and any other text amendments as may be necessary.
Petitioner: City of Des Plaines, 1420 Miner St., Des Plaines, IL 60016
Assistant Director Mendel presented the staff memo analysis.
Issue: The petitioner is proposing the following text amendments to the City Code:
(i) Modify Sections 12-3-11 and 12-8-1.C to create separate allowances for detached
parking structures based on category of use, and requiring certain larger garages to
be subject to building design requirements; and
(ii) Delete the specific Cannabis Business Establishments signage regulations in
Section 12-8-13.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #26-019-TA
Request Description: The City of Des Plaines is proposing amending the Zoning
Ordinance to clarify regulations for detached parking structures
based on use and delete the use specific separate sign regulations for
Cannabis Business Establishments residing outside the normal sign
regulations City Code section.
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Background
Accessory Structures
Chapter 8 of the Zoning Ordinance, “Accessory, Temporary, and Specific Use Regulations,” was
created to identify and differentiate regulations for both uses and structures that are either: (i)
incidental and subordinate to a principal use or structure in the same zoning lot (e.g., detached
garages and sheds); (ii) temporary in duration and construction (e.g., tents and yard sales); or (iii)
are sensitive uses requiring tailored regulations (e.g., cannabis business establishments and
residential care homes). The proposed amendments focus on accessory structures, which are
currently defined in Section 12-13-3 as follows:
ACCESSORY STRUCTURE: A structure which is detached from a principal structure
and is located on the same zoning lot and incidental and subordinate to the principal
structure. Accessory structures are characterized by having a solid or semi- open roof,
and include, but are not limited to, detached garages, carports, pergolas, sheds,
greenhouses, and gazebos. Accessory structures may not exceed the height of the
principal structure.
An accessory use is incidental to the principal use or structure served (i.e., accompanying but not
a major part of the property). For example, a detached garage is incidental to a single-family
residence and smaller in area and height than the residence. Zoning also requires that accessory
structures are (i) operated and maintained under the same ownership and on the same lot, or
adjoining lots, as the principal use or structure and (ii) subordinate in height, area, bulk, and
location to the principal use served.
Section 12-8-1.C. also identifies the general bulk regulations for accessory structures in all zoning
districts with specific height, setback, location, size, and quantity restrictions. There are two main
categories of accessory structures identified: (i) detached garages and carports; and (ii) other
accessory structures (e.g., sheds, pergolas, gazebos, etc.).
These categories share regulations related to height, setbacks/minimum distance from lot lines
(with some exceptions), and location, but differ regarding quantity of structures and size permitted.
In regard to quantity, the City Code allows for up to two accessory structures on any property;
however, only one garage (attached or detached) or carport is permitted. In the case of a property
with a detached garage or carport, one other accessory structure is permitted. Regarding size, a
detached garage or carport can be up to 720 square feet in area for residential uses and up to 960
square feet for non-residential lots greater than 20,000 square feet. Other accessory structures can
be up to 225 square feet in area regardless of the Zoning District.
Staff Commentary: The current accessory structures bulk regulations in Section 12-8-1.C. permit
detached garages on only (i) a single- or two-family dwelling or (ii) a non-residential lot, but do
not consider the possibility for detached garages serving townhouses or multifamily. Staff proposes
differentiating regulations for accessory structures based on the category of the property’s principal
land use.
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The proposed amendments (attached) split subsection C of Section 12-8-1 into three separate
portions:
(i) Single-Family Residential and Two-Family Residential uses;
(ii) Townhouse Residential and Multifamily Residential uses; and
(iii) Non-Residential uses.
In addition, some regulations are reorganized into table format.
Single-Family Residential and Two-Family Residential Uses: Staff intends to retain the existing
bulk accessory structure regulations in Section 12-8-1.C. for these types of uses since these are
appropriate for low density residential developments but reformat the text under a new subsection
and list for single-family residential and two-family residential uses.
Townhouse (Single-Family Attached) Residential and Multi-Family Residential Uses: Staff
proposes a second new subsection and table specifically permitting and regulating accessory
structures for higher density residential uses. The table splits accessory structures into three
separate categories:
(i) Single-story detached garages and carports;
(ii) Multiple-story detached parking garages; and
(iii) Other accessory structures (e.g., sheds).
Explicitly delineating both single-story and multi-story garage structures provides flexibility for
both existing and proposed residential developments. This also could encourage denser off-street
parking designs with smaller overall footprint than a surface lot.
o Single-Story Detached Garage or Carport Structures: The proposed height and setback
regulations for a single-story detached garage or carport mirrors the existing height and
setback regulations for accessory structures in Section 12-8-1.C. However, the amendments
would not restrict the quantity of single-story detached garage and carport structures
permitted on a single lot. Instead, it would restrict the collective area of all garage and carport
structures on site to 25 percent of the total lot area or less. For detached garage and carport
structures that exceed 720 square feet in area, the Building Design Review standards in
Section 12-3-11 of the Zoning Ordinance would apply.
o Multiple-Story Detached Parking Garage Structures: Multiple-story detached parking
garages would:
(i) be limited by the collective area of all multiple-story detached parking garage
structures—not to exceed 25 percent of the total lot area—instead of by a specific
number of structures and;
(ii) would also be subject to the Building Design Review standards in Section 12-3-11 of
the Zoning Ordinance if more than 720 square feet in size.
However, multiple-story detached parking garage structures would have larger minimum
setback requirements than other accessory structures given their greater height allowance of
45 feet (compared to the maximum height of 15 feet for all other accessory structures
including single-story-story detached garages and carports). The greater height allowance is
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necessary to allow a parking garage structure with multiple stories but also appropriate given
that the maximum height allowance for principal structures in the R-3 Townhouse
Residential district is also 45 feet. Given this height allowance, the proposed amendments
would require multiple-story detached parking garages to be located behind the front building
line of the principal structure and the zoning district applicable minimum setback from other
lot lines providing greater separation between this structure and property lines. The
amendments also set a requirement that any such garage would have to be shorter than any
principal structures served to retain the spirit of an “accessory” structure.
o Other Accessory Structures: All other accessory structures—excluding detached garages and
carports, such as sheds, pergolas, and gazebos—would follow the existing height, setback,
and quantity standards in Section 12-8-1.C; the rules would be unchanged.
Non-Residential Uses: Staff proposes creating a third new subsection and table regulating
accessory structures for non-residential uses. The table format is identical to the proposed table for
the townhouse residential and multifamily residential uses with the three separate accessory
structure categories—single-story-story detached garages and carports; multiple-story detached
parking garages; and other accessory structures—but with two main differences.
Section 12-8-1.C of the Zoning Ordinance currently has a separate section devoted to bulk
regulations for detached garages and carports on lots in non-residential zoning districts, which
allows for a larger detached garage or carport area based on whether the subject lot is less than
20,000 square feet in size or more. In addition, it requires said detached garage or carport structures
to be set back a minimum of ten feet from all side and rear property lines.
Staff propose keeping these distinctions given the varying sizes of non-residential lots throughout
Des Plaines and the variable uses that operate or could operate at these locations.
o Single-Story Detached Garage or Carport Structures: The proposed bulk regulations for a
single-story detached garage or carport would match the existing standards in Section 12-8-
1.C regarding height (maximum of 15 feet), setbacks (minimum of 10 feet), and size
(maximum of 920 square feet on lots 20,000 square feet or more in size and a maximum of
720 square feet on lots less than 20,000 square feet). A maximum of one single-story detached
garage or carport structure would be permitted on a lot with a non-residential use to match the
existing standards.
o Multiple-Story Detached Parking Garage Structures: The standards for multiple-story detached
parking garage structures would match the height (maximum 45 feet), setbacks (minimum 10
feet), and size (25 percent of the total lot area, regardless of the specific lot size) but with three
distinctions.
• The first distinction deals directly with the location of the subject lot. When located on
a lot that abuts a residential zoning lot, the height of multiple-story detached parking
garage cannot exceed the maximum height of the abutting residential district. For
example, this type of structure located on a lot next to a R-1 Single Family Residential
district would be limited to 2½ stories or 35 feet in height, which is the maximum height
allowance in that residential district.
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• The second distinction relates to Building Design Review Standards in Section 12-3-
11. While the proposed amendments require all single-story detached garages or
carports and multiple-story detached parking garages more than 720 square feet must
comply with the Building Design Review Standards, this is not a requirement for these
types of structures on lots with non-residential uses.
• The final distinction relates to the maximum quantity allowed. A maximum of one
multiple-story detached parking garage structure would be permitted on a lot with a
non-residential use to match the existing standards.
o Other Accessory Structures: All other accessory structures such as sheds, pergolas, and gazebos
would not be limited by total number, but (i) must be located behind the principal building
front line; (ii) setback 5 feet from side and rear lot lines; and (iii) not exceed, in total, 2 25
square feet for zoning lots 20,000 square feet or less and 10% of the zoning lot area for zoning
lots greater than 20,000 square feet.
Cannabis Dispensary specific sign regulations
Lastly, Section 12-8-13.A outlines specific signage regulations for Cannabis Business
Establishment uses which differ significantly and are located outside the intuitive, appropriate
location in City Code Title 12, Chapter 11 Signs for the generally applicable sign regulations for
all the broadly defined zoning district land use, sign type and sign bulk regulations throughout the
City of Des Plaines.
Staff Commentary: With these specific regulations located outside the normal sign regulations
chapter, there can and have been compliance review mistakes by business owners, sign contractors
and/or City review staff. Additionally, from regulatory and land use perspectives, a Cannabis
Business Establishment does not operate or generate true objectively distinct impacts from other
highly regulated retail stores such as liquor stores, alternative tobacco establishments, etc. Further,
there are already sign regulations included in the State regulations for retail cannabis dispensaries.
Given the high propensity for mistakes with specific regulations codified outside the Zoning
Code’s Chapter 11 (Signs) and the objective fact that a Cannabis Business Establishment does not
have external land use impacts sufficient to separately define and regulate associated business
signage, staff propose completely deleting all the sign regulations from City Code Section 12-8-3
and reordering the remaining use regulations accordingly as outlined in Attachment 3.
Standards for Zoning Text Amendment:
The following is a discussion of standards for zoning amendments from Section 12-3-7.E of the
Zoning Ordinance. The PZB may recommend the City Council approve, approve with
modifications, or deny the amendments. The PZB may adopt the following rationale for how the
proposed amendments would satisfy the standards, or the Board may use its own.
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1. Whether the proposed amendment is consistent with the goals, objectives, and policies of
the comprehensive plan, as adopted and amended from time to time by the City Council;
The accessory structures’ amendments clarify and expand the bulk regulations for accessory
structures throughout the City by creating separate regulations for all use categories tailored to
the scale and uses. They also provide additional options for existing and proposed developments
regarding storage, off-street parking, and overall site design—especially in denser areas of the
City—which the Comprehensive Plan intends to capitalize on to achieve better and more
sustainable developments.
The proposed Cannabis Dispensary specific sign regulation deletion is consistent with the
Comprehensive Plan’s desired positive economic development orientation by making the
approval and operation of this business type consistent with most other business types permitted
in the City of Des Plaines.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
The proposed accessory structures’ amendments allow further flexibility for various accessory
structures regardless of the lot size, use, and location. They focus on promoting denser parking
structures to reduce impervious coverage on lots with either residential or non-residential uses.
However, they also provide additional clarification on the specific standards for accessory
structures based on their type and use, which is something the current zoning ordinance does
not fully identify. The amendments are tailored to minimize impacts of storage and parking
structures on neighboring properties regardless of their location.
The cannabis dispensary specific sign regulations deletion will treat these businesses equally
with most other permitted similar business types and reinforcing overall character compatibility.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
Neither of these categorical text amendments would impact the provision of public facilities or
services.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
It is not anticipated the accessory structures’ amendments will have any adverse effect on
surrounding properties. Instead, the flexibility provided with these amendments encourages
reinvestment in properties and can lead to new uses or improvements to existing uses that
benefits the City and its residents.
The cannabis dispensary specific sign regulation deletion should ease the operation of the
limited number of such businesses permitted within the City.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
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The proposed text amendments facilitate a path towards responsible standards for development,
growth and signage regulation clarity for all applicable uses and properties by establishing a
clear and streamlined permitting path for additional parking, storage, and cannabis dispensaries
by promoting a better design of all.
Assistant Director Mendel recommended the Board act this evening on the Cannabis Business
Establishments section text amendment and then discuss the Building Design Review and
Accessory Uses and Structures sections’ text amendments but take action at a future meeting.
Member Fowler asked why the current provision is complicated. Assistant Director Mendel stated
the section was added in 2018 shortly after legalization at the state level and may have come from
another code; staff may not have had the capacity at the time to structurally analyze its placement
as we’ve determined it is often professional best practice to locate regulations within the applicable
subject matter City Code section/chapter.
Member Weaver moved and Member Fallico seconded a motion to recommend approval
of the text amendment concerning cannabis dispensary signage as proposed by staff.
AYES: Weaver, Fowler, Zadrozny, Fallico, Catalano
NAYS: None
ABSTAIN: None
***MOTION CARRIED***
The Board next discussed the text amendments to Section 12-8-1, Accessory Uses and Structures.
Member Weaver asked if the proposed amendments are related to an initial proposal from 2023.
Senior Planner Stytz said in July 2023 the text amendments were originally discussed and the
increase from 150 to 225 square feet was the only amendment passed at the time. The Board
wanted additional information then and staff are now coming back with that analysis.
Member Fowler asked about the impact of the amendments and what varying uses would be able
to do, mentioning The Monarch on East River Rd as an example. Assistant Director Mendel said
this multifamily use would be able to convert existing surface parking spaces to covered garage
spaces, with the total structures calibrated to the total land area of the lot.
Acting Chairman Catalano asked when discussion of the amendments should resume. Assistant
Director Mendel suggested the July 14th meeting to give additional staff time to revise.
Member Zadrozny moved and Member Fowler seconded a motion to table discussion of accessory
structure amendments to the July 14th PZB meeting.
CASE NO. 26-018-V MAJOR VARIATION 319 DOVER DR
CASE NO. 26-019-TA TEXT AMENDEMNT CITY-WIDE
15
AYES: Zadrozny, Fowler, Fallico, Weaver, Catalano
NAYS: None
ABSTAIN: None
***MOTION CARRIED***
ADDITIONAL ITEMS
None
ADJOURNMENT
Acting Chairman Catalano adjourned the meeting by affirmative voice vote at 8:30 P.M.
Sincerely,
Jonthan Mendel, AICP, Assistant Director/Recording Secretary
cc: City Officials, Aldermen, Planning & Zoning Board, Petitioners