HomeMy WebLinkAbout2025-10-28 - PZB MinutesCASE NO. 25-056-CU CONDITIONAL USE 100 N. DES PLAINES RIVER RD
CASE NO. 25-059-MAP-CU-V CONDITIONAL USE, MAP AMEND & MAJOR VAR. 30, 36, 40 N DES
PLAINES RIVER RD
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DES PLAINES PLANNING AND ZONING BOARD MEETING
Tuesday, October 28, 2025
MINUTES
The Des Plaines Planning and Zoning Board held its regularly scheduled meeting on Tuesday,
October 28, 2025, at 7:00 p.m. in Room 102 of the Des Plaines Civic Center.
Vice Chairman Catalano called the meeting to order at 7:00 p.m. and a roll call was established.
PRESENT: Catalano, Fallico, Veremis, and Zadrozny
ABSENT: Szabo, Weaver, Fowler
ALSO PRESENT: Jonathan Stytz, AICP, Senior Planner
Jonathan Mendel, AICP, Assistant Director of CED
A quorum was present. Chairman Szabo was not present and Vice Chairman Catalano served as
Chair.
APPROVAL OF SEPTEMBER 30, 2025 PZB MEETING MINUTES
Member Zadrozny moved and Member Fallico seconded a motion to approve the minutes as
presented.
AYES: Fallico, Veremis, Catalano & Zadrozny
NAYS: None
ABSTAIN: None
***MOTION CARRIED***
PUBLIC COMMENT ON NON-AGENDA ITEM
There was no public comment.
GENERAL COMMUNICATIONS
Assistant Director Jonathan Mendel outlined the following:
• October 6, 2025 City Council meeting results:
o 1173 Elmhurst Rd – CU for Assembly Use – Approved at 2nd reading
o Zoning Text Amendment Applicable to Government Facilities (Citywide) from
the September 9, 2025 PZB meeting – approved at 1st reading
CASE NO. 25-056-CU CONDITIONAL USE 100 N. DES PLAINES RIVER RD
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• October 20, 2025 City Council meeting results:
o Zoning Text Amendment Applicable to Government Facilities (Citywide) –
approved at 2nd reading
o 2200 E Golf (Heritage Woods) from the September 9, 2025 PZB meeting – FPUD
with building height exception and Development Agreement for an Assisted
Living Facility – approved 1st & 2nd reading
o 1655 & 1695 S. Des Plaines River Road (Brickton Montessori) from the
September 30 2025 PZB meeting – FPLAT consolidating two lots into one lot of
record – approved
ADMINISTRATIVE DECISIONS:
Vice Chairman Catalano noted two items:
• 25-058-V – 570 S. Wolf Road – Minor Variation to allow ground cover other than turf,
wood mulch, or other plant materials for a public utility. Gravel requested as alternative
ground cover for portion of property. – Approved
• 25-062-LA – 651 Kenmare Court – License Agreement to allow irrigation in the public
parkway portion of the right-of-way – Approved
PENDING APPLICATIONS:
Vice Chairman Catalano introduced the cases on the agenda.
1. Address: 100 N. Des Plaines River Road Case Number: 25-056-CU
The petitioner requests a Conditional Use for a childcare center use in the I-1 Institutional
District, and any other variations, waivers, and zoning relief as may be necessary.
PINs: 09-08-400-023-0000 and 09-08-400-027-0000
Petitioner: Maryville Academy (Representative: Amy Kitzmiller, 1150 N. Des Plaines
River Road, Des Plaines, IL (60016)
Owner: Holy Family Medical Center – Des Plaines, LLC (Representative: Yolande
Wilson Stubbs, 100 N. Des Plaines River Road, Des Plaines, IL 60016)
Vice Chairman Catalano swore in the petitioner’s representatives.
Matthew Alley (Attorney) introduced the petitioner and its present representatives: Jack George
(Anchorman LLP) and Anita Alverez, Elvin Smith, and Amy Greif (Maryville Academy). Mr.
Alley outlined the history of the existing daycare facility and then outlined the location and
operation of the existing daycare facility within the existing expansive hospital property.
Vice Chairman Catalano asked for PZB member and public questions and there were none.
Senior Planner Jonathan Stytz presented the staff analysis.
CASE NO. 25-056-CU CONDITIONAL USE 100 N. DES PLAINES RIVER RD
CASE NO. 25-059-MAP-CU-V CONDITIONAL USE, MAP AMEND & MAJOR VAR. 30, 36, 40 N DES
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Issue: The petitioner requests a conditional use for a Childcare center on the subject property in
the I-1 Institutional district at 100 N. Des Plaines River Road.
Case Number: #25-056-CU
PINs: 09-08-400-023-0000 and 09-08-400-027-0000
Ward Number: #1, Alderman Margaret Chlebek
Existing Zoning: I-1, Institutional
Existing Land Use: Hospital Campus with Off-Street Parking Areas
Surrounding Zoning: North: I-1, Institutional District
South: C-2, Limited Office Commercial / M-2, General
Manufacturing Districts
East: I-1, Institutional / M-2, General Manufacturing Districts
West: I-1, Institutional District
Surrounding Land Uses: North: Religious Institution (commercial)
South: Shopping Center (commercial)
East: Golf Course (commercial) / Forest Preserve (recreational)
West: Religious Institution (commercial) / Auto Repair
(commercial)
Street Classification: Des Plaines River Road and Golf Road are both classified as Other
Principal Arterial roads under Illinois Department of Transportation
(IDOT) jurisdiction.
Comprehensive Plan: The Comprehensive Plan designates this site as institutional.
Property/Zoning History: The subject property was annexed into the City in 1965 as part of a
larger hospital development with multiple buildings and off-street
parking areas 1. Today, the subject property consists of three
principal buildings utilized for a hospital—including an outpatient
center and pharmacy—and an unrelated childcare center located at
the back of the main hospital building. Based on City records, there
has been no business license filed for the childcare center resulting
in its classification has a nonconforming use that must be brought
into compliance with all current regulations. Pursuant to a request
by the petitioner, staff generated a zoning verification letter
informing the petitioner of the steps necessary to bring the childcare
center into conformance, which includes this conditional use
request.
1 https://www.historicaerials.com/location/41.625/-87.875/T1890/16. Retrieved October 23, 2025.
CASE NO. 25-056-CU CONDITIONAL USE 100 N. DES PLAINES RIVER RD
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CONDITIONAL USE
Request Description: Overview
The petitioner requests a conditional use to operate a childcare
center as described in the attached Project Narrative. A childcare
center, as defined below, is a conditional use in the I-1 district.
CENTER, CHILDCARE: Any place other than a family home in which
persons receive childcare services during any part of a day not exceeding
thirteen (13) hours in any twenty-four (24) hour period. (Section 12-13-3
of the Zoning Ordinance).
The subject property consists of two lots totaling 24.29 acres, which
comprise a majority of the existing hospital complex located at the
northwest corner of the Des Plaines River Road and Golf Road
intersection. It is currently developed with the main hospital
building and multiple off-street parking areas as illustrated on the
attached ALTA/NSPS Land Title Survey. The childcare center
currently occupies the rear, northwest portion of the main hospital
building with one main entry point on the north building elevation,
which is not subject to change as part of this request.
Proposed Operations
Childcare centers must be licensed by the State of Illinois and are
required to meet specific health, life safety, and building codes at all
times. Based on the attached Project Narrative, this use would
operate year-round Monday through Friday from 6:30 A.M. to 6:00
P.M.—which complies with the specific hours of operation
restriction in Section 12-8-7 of the Zoning Ordinance—and be
closed on weekends and nine corporate holidays specified in the
attached Project Narrative. While located within the hospital
building it is noted that the childcare center is separate from and
unrelated to the hospital operations and does not provide day-of care
for hospital visitors.
A total of up to 54 children between ages 6 weeks to 5 years and 13
staff members will be present on site at the childcare center with a
separate classroom for each age group. Note that the number of
children per age group can vary. See the attached Project Narrative
for additional information.
Architectural Plans and Indoor Activity Area
The existing childcare center space is a single level totaling 5,279
square feet in gross floor area with 2,202 square feet utilized for
classrooms. as illustrated in the attached Site and Floor Plans.
Pursuant to Section 12-8-7 of the Zoning Ordinance, a minimum
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indoor activity area of 35 square feet per child is required exclusive
of areas for administrative uses, restrooms, hallways, storage, and
kitchen areas. The occupancy for children in each room has been
reflected in the table to meet this requirement exactly with the
exception of the toddler classroom, which provides 55 square feet
for each child.
Current/Proposed Classroom Spaces*
Age Group 2 Floor Area
Infants (6 weeks to 14 months) 222 SF with 213 SF sleeping room
Toddlers (15 to 23 months) 277 SF
Young Pre-School (2 to 3.5 years) 584 SF
Preschool (4 to 5 years) 906 SF
Totals 2,202 SF
Other Spaces
Use of Space Floor Area
Multiple-Stall Restroom 189 SF
Supply Closet 107 SF
Single Stall Restroom 66 SF
Breakroom 265 SF
Storage Space 57 SF
Janitor Closet 30 SF
Total Area 714 SF
*Room areas and use of rooms subject to change to meet City and DCFS
regulations.
Site Plan and Outdoor Activity Area
The attached Site and Floor Plan illustrates the existing
improvements on the subject property to accommodate the childcare
center, including the existing 5,881-square-foot outdoor activity
area, which is enclosed by a concrete wall and improved with natural
turf, play zones, and structures as described in the attached Project
Narrative. An outdoor activity area must be a minimum size of 75
square feet per child that could be outdoors at one time. As such, the
size of the existing outdoor activity area allows all 54 children to
utilize the space at the same time.
2 The same classroom may be utilized by different age groups separately or utilized by certain age groups
simultaneously based on Illinois Department of Children and Family Services (DCFS) regulations.
CASE NO. 25-056-CU CONDITIONAL USE 100 N. DES PLAINES RIVER RD
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Access and Circulation
The subject property is currently accessed by two separate access
drives—one off Golf Road at its south and one off Des Plaines River
Road at its north as illustrated in the attached Site and Floor Plan—
which are not subject to change as part of this request. The childcare
center utilizes staggered drop-off (6:30 AM to 11:00 AM) and pick-
up (3:30 PM to 6:00 PM) periods to minimize traffic volumes and
parking needs. Parents dropping-off and picking-up children are
provided with a key fob to access the subject property and utilize the
existing access points to reach the childcare center.
Off-Street Parking
Pursuant to Section 12-9-7 of the Zoning Ordinance, childcare
centers must provide a minimum of one space for every 15 children
under care plus one space for every employee. Based on the
proposed child enrollment of up to 54 and a staff of up to 13
employees, a total of 17 off-street parking spaces—including a
minimum of one accessible space—are required. The subject
property currently contains 25 off-street parking spaces, including
one accessible space, designated for the childcare center, which is
utilized for both employee and parent parking for the childcare
center. All parking spaces must comply with the specifications of
Sections 12-9-6 and 12-9-8 of the Zoning Ordinance at all times.
Standards for Conditional Use: Conditional Use requests are subject to the standards set forth in
Section 12-3- 4(E) of the Zoning Ordinance. Rationale for how the conditional use would satisfy
the standards is provided below and in the attached Petitioner Responses to Standards. For its
rationale, the Board may use the responses provided as written, modify them, or adopt its own.
1. The proposed Conditional Use is in fact a Conditional Use established within the specific
Zoning district involved:
Comment: A childcare center is listed as a conditional use as specified in Section 12-7-5.A of
the Zoning Ordinance for properties in the I-1 District.
2. The proposed Conditional Use is in accordance with the objectives of the City’s
Comprehensive Plan:
Comment: The Future Land Use Map of the 2019 Comprehensive Plan designates this property
as Institutional, which focuses on institutions that provides services to residents such as
childcare centers. The conditional use request also algins with the Comprehensive Plan goal
which seeks to promote uses that serve the needs of the community.
3. The proposed Conditional Use is designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended character
of the general vicinity:
CASE NO. 25-056-CU CONDITIONAL USE 100 N. DES PLAINES RIVER RD
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Comment: The childcare center is located within an established stone and brick office building
that is generally harmonious and appropriate in appearance to surrounding commercial and
office development in the immediate area. The subject property currently contains landscaping
improvements throughout which the petitioner is not proposing to alter in any way.
4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring
uses:
Comment: Childcare centers are regulated by multiple licensing, facility, and operational
standards that ensure it is not hazardous or disturbing to surrounding uses. While a component
of this use includes an outdoor activity area for recreation, the recreation area is not near any
residences and the remainder of the activities of this use will take place inside the building
itself minimizing perceived adverse effects. In addition, drop-up/pick-up operations will be
designed to utilize the existing alleys and off-street parking on the subject property to minimize
adverse effects on neighboring uses.
5. The proposed Conditional Use is to be served adequately by essential public facilities
and services, such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water and sewer, and schools; or, agencies responsible for
establishing the Conditional Use shall provide adequately any such services:
Comment: The subject property is adequately served by essential public facilities and services,
which will not change with the operation of the childcare center on site. Staff do not have
concerns that this use will impact the essential public facilities and services currently serving
the subject property.
6. The proposed Conditional Use does not create excessive additional requirements at
public expense for public facilities and services and will not be detrimental to the
economic well-being of the entire community:
Comment: The hospital and medical offices on the subject property currently provide services
that benefit the community as a whole. A childcare center provides additional services that
further benefit the community without excessive additional requirements for public facilities
and services.
7. The proposed Conditional Use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property, or the general welfare by reason of excessive production of traffic, noise,
smoke fumes, glare or odors:
Comment: Childcare centers can create adverse effects during drop-up/pick-up activities
during hours of operation. However, the proposed circulation and staggered drop-up/pick-up
times will help minimize these adverse effects during peak traffic hours. Outside drop-off/pick-
up periods, perceived adverse effects from this use are minimal if present at all. The outdoor
activity area is located behind the hospital building and is not near any residences or
neighboring properties, minimizing adverse effects on surrounding properties.
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8. The proposed Conditional Use provides vehicular access to the property designed so that
it does not create an interference with traffic on surrounding public thoroughfares:
Comment: The existing vehicular access to the subject property is sufficient for the childcare
center and will not be adjusted. In addition, drop-up/pick-up operations will occur on private
property accessible by utilizing the existing private access roads and street connections. The
location and layout of the off-street parking lot designated for the childcare center is near the
childcare center’s main entrance and would not interfere with surrounding public
thoroughfares.
9. The proposed Conditional Use does not result in the destruction, loss, or damage of
natural, scenic, or historic features of major importance:
Comment: The subject property has already been developed with the hospital and related office
buildings. The childcare center will occupy a portion of the existing building without further
development or any new loss of these features.
10. The proposed Conditional Use complies with all additional regulations in the Zoning
Ordinance specific to the Conditional Use requested:
Comment: The proposed childcare center will comply with all other requirements of the Zoning
Ordinance for the I-1 Institutional District.
PZB Procedure and Recommended Conditions: Under Section 12-3-4.D (Procedure for Review
and Decision for Conditional Uses) of the Zoning Ordinance, the PZB has the authority to
recommend that the City Council approve or deny requested childcare center. Consideration of the
request should be based on a review of the information presented by the petitioner and the findings
made above, as specified in Section 12-3-4.E (Standards for Conditional Use) of the Zoning
Ordinance. If the PZB recommends and City Council ultimately approves the requests, staff
recommends the following condition.
Condition of Approval:
1. This use shall not obstruct any public rights-of-way during operations. No pick-up, drop-
off, or queuing may occur along Golf Road and Des Plaines River Road.
Member Veremis asked if this daycare is a sliding scale for enrollment. The petitioner stated it is
based on ability to pay tuition.
Member Veremis moved and Member Zadrozny seconded a motion to recommend approval of the
proposed Conditional Use as proposed with the condition of approval drafted by staff.
AYES: Catalano, Fallico, Veremis & Zadrozny
NAYS: None
ABSTAIN: None
***MOTION CARRIED***
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2. Addresses: 30, 36, and 40 N. Des Plaines River Road Case Number: 25-059-MAP-CU-V
The petitioner requests the following: (i) a Map Amendment to rezone the subject property from
the I-1 Institutional to C-3 General Commercial district; (ii) a Conditional Use for a commercially
zoned assembly use on the subject property; (iii) a Major Variation to reduce the off-street parking
requirement; and (iv) any other variations, waivers, and zoning relief as may be necessary.
PIN: 09-08-402-008-0000
Petitioner: Nsikak Idet, 30 N. Des Plaines River Road, Des Plaines, IL 60016
Owner: D.S. Patel, 3060 Landwehr Road, Northbrook, IL 60062
Vice Chairman Catalano swore in the petitioner Nsikak Idet.
Mr. Idet introduced his request for rezoning, conditional use and major variation for minimum
parking. He outlined the location and operation of the property as well as the history of the
property’s tenancy since 2017.
Vice Chairman Catalano asked for any comments from the PZB.
Member Zadrozny asked the petitioner about the requirement for an alternative parking agreement
for parking in association with the proposed major variation for minimum on-site parking. Mr. Idet
mentioned the need for an alternative parking agreement for the assembly use parking needs.
Member Zadrozny asked if there is an existing parking lease and if the zoning ordinance requires
a parking lease. Senior Planner Stytz confirmed that there is a parking lease that was submitted to
staff and noted that this is normally not a requirement but given the major variation request, it was
recommended as a condition of approval.
Member Zadrozny asked if the church space is utilized during the week. Mr. Idet stated that this
space is not currently utilized during the week but staff advised him to rezone the property to allow
additional uses to utilize the site during the week.
Assistant Director Jonathan Mendel noted that staff provided the petitioner options but did not
advise him to request the actions before the PZB.
Vice Chairman Catalano asked if there were any questions from the audience.
Cary Levin (owner of the property adjacent to the north) stated he does not understand the purpose
of this request. He outlined the property’s zoning and occupancy history. He believes the proposed
use and major variation is too much for this property. He stated that he met with the petitioner to
negotiate a new parking lease, but they didn’t come to agreement and he feels this proposal should
not be approved.
Mr. Idet believes the subject property is underused and he is making these zoning requests to create
more value and productivity from the subject property.
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Member Fallico asked if Mr. Idet purchased the property in 2017. Mr. Idet stated he was a member
of the past church tenant and was interested in the property and purchased it in 2023.
Member Fallico clarified that there is an existing church use on the subject property. Mr. Idet
confirmed that there is a church on site today but there was a bigger church which occupied both
buildings and all current tenant spaces.
Member Zadrozny questioned if Mr. Idet is the actual owner. Senior Planner Stytz confirmed that
the petitioner is the property manager and a separate individual owns the property.
Mr. Idet stated that he is contracted to purchase, but due to no financing he has not taken possession
pending the outcome of this current zoning entitlement process.
Member Fallico asked about the length of the current lease with the church on the subject property.
Mr. Idet confirmed that the church’s lease runs until 2027 but noted that the church may decide to
leave at that time.
Member Zadrozny asked if the church has been meeting on site regularly. Mr. Idet confirmed that
they have been meeting every Sunday from 9 AM to 12 PM. From Monday through Saturday, the
property is vacant.
Member Zadrozny asked if staff could show the location of the current parking lease spaces on a
map. Senior Planner Jonathan Stytz showed the location of the new parking agreement with
Chicago Dial.
Vice Chairman Catalano asked if there is sidewalk on Redeker Road. Senior Planner Stytz stated
there is no sidewalk on Redeker Road.
Mr. Idet reiterated that given the size of the church they really do not need Chicago Dial for
additional parking spaces.
Cary Levin outlined the continued impacts of the subject property uses on his property at 1455 E.
Golf Rd. and has concerns regarding the operation and management of the subject property.
Mr. Idet asked if he could refute Mr. Levin’s claims regarding the private dealings between Mr.
Idet and Mr. Levin. Assistant Director Mendel stated for the record that discussion regarding Mr.
Levin’s claims against Mr. Idet’s reputation is immaterial to the major variation and conditional
use request before the PZB this evening.
Mr. Idet reiterated that the requests are needed to maintain and operate the property adequately.
Vice Chairman Catalano asked for additional PZB and audience questions. There were no
additional PZB questions. A member from the audience requested to speak.
Mike VanSlambrouck owner of the property immediately south of the subject property and asked
why this is back to the PZB for review since the City Council did not approve the previous request.
CASE NO. 25-056-CU CONDITIONAL USE 100 N. DES PLAINES RIVER RD
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Assistant Director Mendel stated that City Council did not approve the previous simple parking
major variation under the I-1 zoning for a permitted Assembly Use. But the City Code permits a
successive request if it is substantively different. The current zoning request is a map amendment
from I-1 to C-3, a Conditional Use for an assembly use and a major variation for parking for the
proposed assembly use and other proposed uses.
Mr. VanSlambrouck asked if this is simply a map amendment and if a church is allowed in the C-
3 district. Senior Planner Stytz stated the request before the PZB this evening is map amendment,
conditional use and major variation.
Mr. VanSlambrouck stated that C-3 rezoning is reasonable but is not in favor of the Conditional
Use for Assembly Use and the major variation for minimum parking.
Senior Planner Jonathan Stytz presented the staff analysis.
Issue: The petitioner requests: (i) a map amendment to rezone the subject property from I-1
Institutional to C-3 General Commercial; (ii) a conditional use for a commercially zoned assembly
use; and (iii) a major variation for off-street parking spaces at 30, 36, and 40 N. Des Plaines River
Road.
Case Number: #25-059-MAP-CU-V
PIN: 09-08-402-008-0000
Ward Number: #1, Alderman Margaret Chlebek
Existing Zoning: I-1, Institutional District
Existing Land Uses: Assembly Use (commercial); Vacant Building
Surrounding Zoning: North: C-2, Limited Office Commercial District
South: C-3, General Commercial District
East: R-1, Single Family Residential District
West: C-2, Limited Office Commercial District
Surrounding Land Uses: North: Office Building (commercial)
South: Manufacturing (industrial)
East: Cook County Forest Preserve (recreational)
West: Office Building (commercial)
Street Classification: Des Plaines River Road is classified as an other principal arterial
road under Illinois Department of Transportation (IDOT)
jurisdiction.
Comprehensive Plan: Commercial Industrial Urban Mix is the designated use for the
property.
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Property/Zoning History: Overview
The subject property was annexed into the City in 1966 as a vacant
piece of land. The property was developed around 1972 with two
commercial buildings and small parking area off Des Plaines River
Road 3. The front commercial building contains two tenant spaces
addressed east to west as 30 and 36 N. Des Plaines River Road and
the rear building contains one tenant space addressed as 40 N. Des
Plaines River Road.
Previous Approval and Current Violations
The subject property was originally zoned C-3 General Commercial.
However, in 2017, an application to rezone the property to I-1
Institutional and approve multiple variations for a place of worship 4
was received from RCCG Foundation of Life INC (“RCCG”).
On November 6, 2017, City Council approved all requests through
Ordinance Z-22-17 (attached) with the conditions that: (i) RCCG
pays all applicable fees for building permits and related approvals;
and (ii) that RCCG enters into a parking lease with the owner of a
parcel adjacent to the subject property in adherence of the following:
• The parking lease shall be for the use of no less than 30 legal
and Zoning Ordinance compliant off-street parking spaces
during RCCG’s weekly worship services.
• The parking lease shall be in a form acceptable to City’s
General Counsel and shall have a term no less than RCCG’s
lease for the subject property.
• The parking lease shall remain in effect for the duration of
RCCG’s occupation and use of the subject property as a
place of worship.
• In the event the parking lease is terminated by either the
lessor or RCCG, RCCG shall provide the City with evidence
of a replacement leas within no less than 30 days.
• The subject property may not be used as a place of worship
during any time period in which a valid parking lease is not
in effect.
As part of this 2017 approval, a parking lease with the adjacent
property at 1455 E. Golf Road was carried out for the remaining 30
off-street parking spaces required. However, there have been
changes on the subject property that have violated the existing
ordinance as noted below:
• RCCG has left the subject property and has been replaced by
a new assembly use, which has begun operating on the
3 Historic Aerials. https://www.historicaerials.com/location/41.625/-87.875/T1890/16. Retrieved April 28, 2025.
4 Now classified as a type of assembly use (for subject property it is an institutionally zoned assembly use).
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subject property without a business license; and
• The previously executed parking lease with the 1455 E. Golf
Road has been terminated and a new parking lease with a
property adjacent to the subject property has not been
established 5; and
• A separate assembly use is operating on site without a
business license.
Map Amendment
Request Summary: Overview
The petitioner requests a map amendment to rezone the subject
property from I-1 Institutional to C-3 General Commercial. This
request aligns with the Future Land Use Map in the 2019
Comprehensive Plan, which designates the subject property as
Commercial Industrial Urban Mix. In addition, the subject property
was previously zoned C-3 General Commercial, which is more
consistent with the future land use designation than the current
institutional district.
Use Comparison
Map amendment requests restrict the types of uses that can operate
on a zoning lot and can impact surrounding properties. Based on the
attached Floor Plan and attached Project Narrative, the uses below
are proposed for the subject property:
• 30 N. Des Plaines River Road – Use unconfirmed at this
time but currently considering one of the following:
Artist/Dance/Music Studio, Commercial Indoor Recreation,
or Retail Service Establishment
• 36 N. Des Plaines River Road – Assembly Use
• 40 N. Des Plaines River Road – Office
In review of the respective use matrix for the I-1 Institutional and C-
3 General Commercial districts, the office, assembly use, and
commercial indoor recreation uses are allowed in either district as
identified in the table below. However, the C-3 district also allows
for a salon as a permitted use (i.e., retail service establishment)
whereas the I-1 district does not allow this use type.
5 Note that the petitioner has provided a parking lease for the property at 1372 Redeker Road. However, this does
not satisfy the condition in Ordinance Z-22-17 as this property is not adjacent to the subject property.
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Use I-1 District C-3 District
Assembly Use Permitted Use* Conditional Use
Commercial Indoor Recreation Conditional Use Permitted Use
Office Permitted Use Permitted Use
Retail Service Establishments Not Allowed Permitted Use
Bulk Regulation Comparison
While an assembly use is an allowed use in both the C-3 and I-1
districts, the subject property attributes better align with the C-3
district bulk regulations in comparison with the I-1 Institutional
district as noted in the table below.
Standard Property Attribute I-1 Standards C-3 Standards
Maximum Height <45 FT 45 FT 45 FT
Minimum Front Setback 11.48 FT 50 FT 25 FT*
Minimum Side Setback North: 1.96 FT;
South: 0 FT
25 FT 0 FT
Minimum Rear Setback 3.00 FT 50 FT 5 FT*
Minimum Lot Size 0.35 acres 2 acres N/A
Maximum Lot Coverage 51% 40% N/A
*Items in bold italics do not meet the specific standard for the C-3
district but are existing legal nonconforming conditions.
Conditional Use
Request Summary: Assembly Use Overview
In anticipation of the approval of the map amendment to the C-3
General Commercial district, the petitioner requests a conditional
use to operate a religious institution as described in the attached
Project Narrative. In a commercial zoning district, religious
institutions and similar uses are classified as Commercially Zoned
Assembly Used, as defined below, which require a conditional use
in the C-3 district.
COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily
for the purpose of the assembly of people, which can contain a combination
of uses that take place in both principal and accessory structures. Such uses
include: commercial theater, banquet halls, nightclubs, church, synagogue,
temple, meeting house, mosque, or other place of worship. For allowable
accessory uses, refer to the specific land uses defined in this chapter. Such
uses shall adhere to the off-street parking requirements under "assembly
uses" (Section 12-13-3 of the Zoning Ordinance).
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The subject property consists of one, 15,197-square-foot interior lot
located near the southwest corner of the Des Plaines River Road and
Golf Road intersection. It is currently developed with one single-
tenant commercial building at the rear of the site, a two-tenant
commercial building at the front of the site, and a single off-street
parking area as illustrated on the attached Plat of Survey. The
assembly use occupies the rear tenant space in the front building,
which is addressed as 36 N. Des Plaines River Road.
Assembly Use Operations
Based on the attached Project Narrative, this use would host its main
worship service on Sundays from 9:00 AM to 1 PM with up to 40-
50 members. Currently, a single religious service will take place on
site during the hours of operation on Sunday. However, the PZB
may wish to inquire about the use of this space during the week in
their consideration of the conditional use and its potential impacts
on neighboring uses.
Assembly Use Floor Plan
The tenant space at 36 N. Des Plaines River Road is approximately
2,500 square feet in area and consists of a reception area, office
space, sanctuary, utility room, and three single stall restrooms. The
sanctuary contains a media space at the rear, altar, and seven rows
of affixed pew seating separated by a center aisle. Each individual
pew offers approximately seven seats for a total of 98 seats available
for patrons.
Assembly Use Off-Street Parking Requirement
Assembly uses must meet the minimum off-street parking
requirement pursuant to Section 12-9-7 of the Zoning Ordinance
depending on the type of assembly use. Places of worship with
affixed (non-movable) seating must provide a minimum of one off-
street parking space for every five seats in the main auditorium,
sanctuary, nave, or similar place of assembly and other rooms (e.g.,
gymnasiums, classrooms, offices) which are to be occupied
simultaneously. A total of 20 off-street parking spaces are required
for the assembly use. The attached Site Plan denotes a total of ten
off-street parking spaces including one accessible space on the
subject property, which does not meet the minimum off-street
parking requirement and requires a major variation.
Major Variation
Request Summary: Overview
The size and current development of the subject property
substantially limits the available space for off-street parking,
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requiring previous relief. As noted in the Property/Zoning History
section above, Ordinance Z-22-17 approved a map amendment and
several variations for the subject property for an assembly use with
a condition that a parking lease must be executed and maintained on
a property adjacent to the subject property for the life of the
assembly use. The Merriam-Webster dictionary 6 defines “adjacent”
as “having a common endpoint or border” and the Des Plaines
Zoning Ordinance utilizes this word in this fashion to describe
objects that are next to or abut each other.
The original parking lease agreement with 1455 E. Golf Road met
this requirement as this property shares the north property line and
a portion of the west property line with the subject property.
However, the current parking lease with the property at 1372
Redeker Road does not meet this requirement as it does not share a
property boundary with the subject property. As such, the petitioner
requests a new major variation to reduce the total required off-street
parking requirement without the parking lease condition.
Tenant Space Use Assessment
Given that there are multiple tenant spaces on the subject property,
the variation request for off-street parking must be assessed
holistically across all uses. As noted in the Property/Zoning History
section above, there have been multiple changes to the uses on the
subject property, which have directly impacted the off-street parking
requirement. The table identifies required off-street parking for all
confirmed and potential uses identified in the attached Project
Narrative.
Use 7 Parking Calculation Required Off-
Street Parking 8
Office 1 space for every 250 square
feet of gross floor area
5 spaces
(1,050 SF / 250)
Place of worship (with
affixed seating)
1 space shall be provided for
every five seats
20 spaces
(100 seats / 5)
Retail Service
Establishment (e.g., salon)
1 space for every 250 square
feet of gross floor area
12 spaces
(2,778 SF / 250)
6 https://www.merriam-webster.com/dictionary/adjacent. Retrieved April 29, 2025.
7 Items in blue are being considered by the petitioner to fill the 2,778-square-foot tenant #1 space at 30 N. Des
Plaines River Road, which is currently vacant.
8 The parking calculation excludes floor area devoted primarily to storage (up to 10 percent of the total building
floor area), food preparation, bathroom, mechanical, hallways, stairwell, and elevator areas. However, the parking
calculation for the blue items is calculated based on the total gross floor area given that the individual use of each
room is not identified on the floor plan.
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Commercial Indoor
Recreation (e.g., gym)
1 space for every 300 square
feet of gross floor area
10 spaces
(2,778 SF / 300)
Artist/Dance/Music Studio
(e.g., media studio)
No minimum parking
requirement for this use
0 spaces
Standards for Amendments: Map Amendment requests are subject to the standards set forth in
Section 12-3-7.E of the Zoning Ordinance. Rationale for how the proposed amendment would
satisfy the standards is provided below and in the attached Petitioner Responses to Standards. For
its rationale, the Board may use the responses provided as written, modify them, or adopt its own.
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;
Comment: The Comprehensive Plan designates the subject property is Commercial Industrial
Urban Mix with the intent to promote developments with a combination of commercial, office,
and low-intensity industrial uses. The proposed map amendment to the C-3 district is arguably
consistent with this land use designation as the uses on site are allowed within the C-3 district
and this district allows for a wide variety of uses, some of which could be classified as lower-
intensity industrial.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
Comment: The immediate vicinity includes a majority of commercial and light industrial
developments, with a larger institutional hospital campus to the north. Given the property
attributes and abutting developments, the C-3 district designation allows uses and development
types that better align with the overall character in this immediate area.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
Comment: The subject property was previously zoned C-3 without any issues related to the
condition of public facilities and services. Therefore, the surrounding public facilities and
services should be sufficient to accommodate C-3 district development potential.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
Comment: The C-3 district’s list of permitted/conditional uses is broad but generally consistent
with the existing development of the surrounding area. The property’s smaller size does limit
the feasibility of some of the allowed uses in the C-3 district to those with lower intensity and
smaller footprints. Overall, the range of uses are not likely to impose negative external property
value impacts on adjacent properties.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
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Comment: The flexibility of uses allowed in the C-3 district generally aligns with the future land
use and economic development considerations of the Comprehensive Plan for a
commercial/industrial flex district in this portion of the City. Short of creating a specific flex
district as described in the Comprehensive Plan, the C-3 district is arguably the best designation
for responsible development and growth.
Standards for Conditional Use: Conditional Use requests are subject to the standards set forth in
Section 12-3- 4(E) of the Zoning Ordinance. Rationale for how the conditional use would satisfy
the standards with the rezoning to the C-3 district is provided below and in the attached Petitioner
Responses to Standards. For its rationale, the Board may use the responses provided as written,
modify them, or adopt its own.
1. The proposed Conditional Use is in fact a Conditional Use established within the specific
Zoning district involved:
Comment: A commercially zoned assembly use is listed as a conditional use as specified in
Section 12-7-3.L of the Zoning Ordinance for properties in the C-3 District.
2. The proposed Conditional Use is in accordance with the objectives of the City’s
Comprehensive Plan:
Comment: The Future Land Use Map of the 2019 Comprehensive Plan designates this property
as Commercial Industrial Urban Mix with the intent to promote developments with a
combination of commercial, office, and low-intensity industrial uses. While the subject
property does not contain any form of industrial use, it does contain office and commercial
uses that align with this land use designation.
3. The proposed Conditional Use is designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity:
Comment: The assembly use is located within an established commercial building that is
generally harmonious and appropriate in appearance to surrounding commercial and office
development in the immediate area. The site development as a whole is fairly consistent with
surrounding office and industrial developments in the immediate vicinity. However, staff have
added a condition regarding the addition of landscaping at the front of the property to elevate
the property and bring it closer to compliance.
4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring
uses:
Comment: Assembly uses are by nature more intensive commercial uses requiring adequate
parking, access, and circulation considerations to accommodate larger groups of people at one
time. Without these site improvements and effective management, the assembly use could be
disturbing to neighboring uses. Staff previously received complaints about the existing
assembly use related to the parking of patrons on neighboring properties without permission
due to the limited parking availability on site. While the petitioner has provided documentation
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for a parking lease at 1372 Redeker Road, additional off-street parking options and specific
operation adjustments may need to be pursued to mitigate adverse effects of the assembly use
on neighboring properties.
5. The proposed Conditional Use is to be served adequately by essential public facilities and
services, such as highways, streets, police and fire protection, drainage structures, refuse
disposal, water and sewer, and schools; or, agencies responsible for establishing the
Conditional Use shall provide adequately any such services:
Comment: The subject property is adequately served by essential public facilities and services,
which will not change with the operation of the assembly use on site. Staff do not have concerns
that this use will impact the essential public facilities and services currently serving the subject
property.
6. The proposed Conditional Use does not create excessive additional requirements at
public expense for public facilities and services and will not be detrimental to the
economic well-being of the entire community:
Comment: The assembly use is located within an existing structure which will not require
additional public facilities or services to operate. In addition, there is no indication that the
assembly use would negatively impact the economic well-being of the community as this type
of use does provide tax benefits to the City.
7. The proposed Conditional Use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property,
or the general welfare by reason of excessive production of traffic, noise, smoke fumes,
glare or odors:
Comment: Assembly uses can create adverse effects leading up to, during, and immediately
after event hours through increased traffic and noise. While there are no perceived concerns of
the excessive production of smoke fumes, glare, or odors, the proposed assembly use could
create traffic and parking concerns on Sundays, which is identified is its main day of
operations. Traffic and parking management is key to reduce—if not completely mitigate—
concerns related to traffic and parking during hours of operation. Nonetheless, the PZB shall
decide.
8. The proposed Conditional Use provides vehicular access to the property designed so that
it does not create an interference with traffic on surrounding public thoroughfares:
Comment: The single, narrow vehicular access to the subject property is not sufficient for two-
way travel, especially for a more intensive commercial use such as an assembly use and could
create interference on Des Plaines River Road if traffic and parking are not effectively managed
on the subject property. The PZB may wish to ascertain what procedures are in place on site
to effectively manage these concerns.
9. The proposed Conditional Use does not result in the destruction, loss, or damage of
natural, scenic, or historic features of major importance:
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Comment: The subject property has already been developed with the two commercial buildings
and off-street parking area. In addition, the assembly use will be located in one of the existing
structures so there will not be any further development or any new loss of these features.
10. The proposed Conditional Use complies with all additional regulations in the Zoning
Ordinance specific to the Conditional Use requested:
Comment: Aside from variations related to off-street parking and front and rear building
setbacks, the proposed assembly use will comply with all other requirements of the Zoning
Ordinance for the C-3 General Commercial District.
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 as provided below and in the petitioner’s response to standards. The PZB may use this
rationale toward its recommendation, amend it, or 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: The existing development on the subject property is expansive—covering almost
half of the total property area—which greatly limits the types of uses that can be operated and
the space available for related off-street parking, access, and circulation. The positioning of
the two buildings on site is also not ideal as it creates an insufficient drive aisle width for two-
way travel and provides a lot of dead pavement space that cannot be utilized for code-compliant
off-street parking. The site layout as a whole does not lend itself to being accommodated for
multiple uses, especially uses with more intensive parking, access, and circulation needs.
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;
irregular 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: The subject property is neither irregular nor substandard in shape nor contains
exceptional topographical features. However, it is smaller in size (15,197 square feet) than
other properties in the C-3 district. In addition, the existing structures on the subject property
are nonconforming in relation to front and rear building setbacks. It can be argued that these
conditions of the property limit the available space on the subject property for off-street
parking and could require a major variation.
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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: While the location, dimensions, size, and development of the subject property are
not the result of a known action by the current owner, the property was purchased with these
attributes. In addition, the assembly uses operating on the subject property are a direct result
of the petitioner. Nonetheless, see the attached Petitioner’s Responses to Standards.
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 this code for off-street parking does not necessarily
deprive the property owner of substantial rights but rather requires the uses on the subject
property to be scaled appropriately to match with the existing development on site. Many other
C-3 district properties also have multiple access points, which allow for better circulation
throughout the site, especially for uses that include a large influx of vehicles and pedestrians
for extended periods of time. The subject property’s attributes may not allow the petitioner to
have as many options as for other C-3 zoned lots but does not prevent the petitioner from
effectively utilizing the site if the major variation is not approved. Nonetheless, the PZB should
decide.
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 to reduce the off-street parking requirement from 47 spaces
to 10 spaces may be construed as a special privilege even with the aforementioned executed
parking lease in place. The number and intensity of the uses on site could be determined to be
too intensive given the smaller lot size and existing structures. While Ordinance Z-22-17
granted a variation for off-street parking, it was only in consideration of a single assembly use
related to a place of worship. However, the current proposal includes two separate assembly
uses—place of worship and banquet hall—which both require sufficient access, circulation,
and off-street parking to operate effectively. Even with the proposed improvements provided
on the attached Site Plan, the site conditions may not be adequate enough to support the two
requested assembly uses, much less a future third user in the rear, currently vacant building.
The PZB and City Council should consider whether the proposed site improvements and
parking lease are sufficient for the proposed uses on the subject property and if a major
variation request of this amount is appropriate.
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
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or the general purpose and intent of the comprehensive plan.
Comment: The 2019 Comprehensive Plan discusses the pursuit of improving parking facilities
in certain portions of the City—such as the downtown and Oakton and Elmhurst corridors—
and incorporating parking reductions for multifamily residential developments. However, it
does not discuss or promote parking reductions for institutional uses as requested by the
petitioner. In addition, the intensification of uses and increased variation request for off-street
parking do not represent a development or use that is in harmony with the Zoning Ordinance.
Nonetheless, the PZB shall decide.
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: There are arguably viable alternatives to the variation being requested by the
petitioner including a reduction in the size or number of structures or replacing the existing
uses with less intensive uses. While staff have discussed these options with the petitioner, out
of convenience the petitioner has requested approval of the off-street parking variation with
the current site layout. Given the alternatives available to the petitioner, the PZB may wish to
ask why certain alternative designs are not feasible.
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 request is not, in staff’s opinion, the minimum measure of relief to
address the petitioner’s concerns given the site characteristics and the types of uses present on
the site. Instead, the reconfiguration or removal of structures on the subject property could
better utilize the available lot area and meet the applicable city ordinances while minimizing
adverse effects on surrounding properties.
PZB Procedure and Recommended Conditions: Under Sections 12-3-4.D.3 (Procedure for
Review and Decision of Conditional Uses), 12-3-6.G.2.b (Procedure for Review and Decision of
Major Variations), and 12-3-7.D.3 of the Zoning Ordinance, the PZB has the authority to
recommend that the City Council approve or deny the requests. Consideration of the requests
should be based on a review of the information presented by the petitioner and the findings made
above, as specified in Sections 12-3-4.E (Standards for Conditional Uses), 12-3-6.H (Standards
for Variation), and 12-3-7.E (Standards for Amendments) of the Zoning Ordinance. If the PZB
recommends and City Council ultimately approves the requests, staff recommends the following
conditions.
Conditions of Approval:
1. The entire off-street parking area on the subject property must be repaved and restriped in
accordance with the approved Site Plan. The Community and Economic Development
Director can approve changes to this site plan related to paving and striping if compliant
with Section 12-9-6 of the Zoning Ordinance.
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2. Excluding the pavement areas for the loading dock and emergency exit door, the entire area
in between the east building elevation and east property line must be improved with
landscaping including evergreen bushes, various shrubs, and perennials. The Community
and Economic Development Director can approve minor changes to landscaping if the
proposed landscaping is in the same size and quantity as proposed in the approved site plan.
3. Prior to the issuance of business registrations for all uses, all active and proposed parking
leases must be reviewed and approved by the City’s legal staff. Parking leases must be active
for the full extent of the assembly use’s operation on the subject property. At no time shall
there be less than the minimum number of off-street parking spaces available for all uses on
the subject property.
Vice Chairman Catalano asked for additional PZB and public comments.
Member Fallico asked staff is the property was zoned C-3 prior to City Council approval in 2017
for the map amendment and variations. Senior Planner Stytz responded yes.
Member Fallico asked if the original church moved onto site in 2017. Senior Planner Stytz
responded yes.
Member Fallico asked if we know why the original church left. Mr. Idet responded that the current
parking issue was the main reason they left.
Vice Chairman Catalano asked if the petitioner is aware of the staff recommended conditions of
approval. Mr. Idet responded yes.
Vice Chairman Catalano asked for a motion. Assistant Director Mendel stated that the PZB could
separate the three requests into three separate motions.
Member Veremis asked if they voted for the map amendment but not the conditional use, would
the church have to move out. Assistant Director Mendel noted that the church would technically
need to vacate the site as a conditional use is required for this type of use in the C-3 district.
Member Fallico asked if the petitioner could withdrawal the map amendment request. Assistant
Director Mendel mentioned that the previous approval in 2017 required a parking lease with a
property adjacent to the subject property and there are existing violations that need to be addressed.
Member Zadrozny stated he is inclined to recommend approval of the map amendment but not the
other two requests. He asked the petitioner if he would be willing to move forward with the current
application if the conditional use and major variation requests were not approved. Mr. Idet restated
the current church lease and noted that there could be penalties for kicking out the church prior to
the end of the current lease.
Member Fallico asked how much the church pays in rent. Mr. Idet confirmed the monthly rent is
$1,800 for the current space the church is utilizing.
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Assistant Director Mendel noted that regardless of the I-1 or C-3 district designation, full use of
all the square footage of this property is not necessarily permitted by code. Given the ten spaces
available on site, approximately 2,500 square feet of the property could be used and there is more
than 2,500 square feet of building area. They would be limited to the type of uses allowed in the
C-3 district given the current site restraints.
Member Zadrozny moved and Member Fallico seconded a motion to recommend the City Council
approve the map amendment as proposed with the conditions of approval drafted by staff.
AYES: None
NAYS: Fallico, Catalano, Veremis, and Zadrozny
ABSTAIN: None
***MOTION FAILED***
Member Zadrozny moved and Member Fallico seconded a motion to recommend the City Council
approve the conditional use as proposed with the conditions of approval drafted by staff.
AYES: None
NAYS: Fallico, Catalano, Veremis, and Zadrozny
ABSTAIN: None
***MOTION FAILED***
Member Zadrozny moved and Member Fallico seconded a motion to recommend the City Council
approve the major variation as proposed with the conditions of approval drafted by staff.
AYES: None
NAYS: Fallico, Catalano, Veremis, and Zadrozny
ABSTAIN: None
***MOTION FAILED***
ADJOURNMENT
Vice Chairman Catalano adjourned the meeting by affirmative voice vote at 8:25 P.M.
Sincerely,
Jonthan Mendel, AICP, Assistant Director/Recording Secretary
cc: City Officials, Aldermen, Planning & Zoning Board, Petitioners