HomeMy WebLinkAbout2023-07-11 PZB Meeting Minutes1065 Lee Street Conditional Use 23-035-CU
733 Lee Street Text Amendment/Conditional Use/Variation 23-036-TA-CU-V
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DES PLAINES PLANNING AND ZONING BOARD MEETING
July 11, 2023
MINUTES
The Des Plaines Planning and Zoning Board held its regularly scheduled meeting on
Tuesday, July 11, 2023, at 7:00 p.m. in Room 102 of the Des Plaines Civic Center.
Chair Szabo called the meeting to order at 7:00 p.m. and roll call was established.
PRESENT: Hofherr, Saletnik, Weaver, Szabo
ABSENT: Catalano, Fowler, Veremis
ALSO PRESENT: John Carlisle, AICP, CED Director
Samantha Redman, Planner
Margie Mosele, Executive Assistant
A quorum was present.
Call to Order and Roll Call
APPROVAL OF MINUTES FROM June 27, 2023
A motion was made by Board Member Weaver seconded by Board Member Saletnik to
approve the meeting minutes of June 27, 2023.
AYES: Weaver, Saletnik, Szabo
NAYES: None
ABSTAIN: Hofherr
***MOTION CARRIES **
PUBLIC COMMENT ON NON-AGENDA ITEM
- None
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1. Address: 1065 Lee Street Case Number 23-035-CU
The petitioner and contract purchaser, Krzysztof Bernatek, is proposing a conditional use to
allow for auto service repair and motor vehicle sales at 1065 Lee St
PIN: 09-20-214-002-0000
Petitioner: Krzysztof Bernatek, 2017 De Cook Ave., Park Ridge, IL 60068
Owner/Property
Control: Centrust Bank, 385 Waukegan Rd., Northbrook, IL 60062
Ward Number: #3, Alderman Sean Oskerka
Existing Zoning: C-3, General Commercial
Surrounding Zoning: North: C-3, General Commercial
South: C-3, General Commercial
East: Railroad tracks; R-1, Single Family Residential
West: C-3, General Commercial
Surrounding Land Uses: North: Parking lot
South: Commercial building
East: Commercial buildings
West: Railroad tracks
Street Classification: Lee Street is classified as a major road under jurisdiction of the
Illinois Department of Transportation (IDOT).
Comprehensive Plan: Commercial is the recommended use for this property.
Property/Zoning History:
The property currently consists of a commercial building and a
gravel parking area to the east. For several decades, Midwest
Automotive operated at this property until closing in 2020. In
2001, a conditional use was granted to sell four motor vehicles on
the site. In 2019, an amendment to the conditional use allowed for
the sale of up to ten motor vehicles on the property; however, in
2020, the conditional use for motor vehicle sales was rescinded
due to a number of code violations. Specifically, vehicles were
parked on the adjacent lot (parking lot for 1062 Lee), vehicles
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unassociated with the business were stored in the rear parking lot,
and landscaping required by the previous conditional use was
never installed. Since the closure of the business in 2020, several
additional code enforcement issues have emerged, including debris
stored on the site and the parking of trucks unassociated with a
business in the rear gravel parking area.
Project Description: The petitioner and contract purchaser, Krzysztof Bernatek, is
proposing a conditional use to allow for auto service repair and
motor vehicle sales at 1065 Lee St.
Proposed Use and Business Operation Details
Justpol Automotive is a proposed new auto service repair business.
Currently the petitioner owns Kris Touhy Auto, which consists of
two automotive repair businesses accessory to gas stations at 8801
Waukegan Road in Morton Grove and 5035 West Touhy Ave in
Skokie. Currently, Kris Touhy Auto provides auto service repair
(including tire replacement and repair, oil changes, and other
activities associated with auto service repair) within gas stations.
The petitioner intends to operate their first stand-alone auto service
repair business at 1065 Lee St.
Six bays in the building will be used for auto repair; the office area
will be used for general administrative duties as well as a waiting
room and an area to display products for sale to auto repair
customers. Per the petitioner, any retail activities will be associated
with the auto service repair customers. No auto body repair will
occur on this property.
Motor vehicle sales are a conditional use allowed within the C-3
Zoning District if they exceed 25,000 square feet. This property is
31,326 square feet. The motor vehicle sales will consist of five
spaces, as noted on the Site Plan attachment. The petitioner may
choose to expand the number of spaces used for motor vehicle
sales in the future, after the rear parking lot is improved; expanding
the number of sale spaces will require amendment to the
conditional use.
Improvements to the Site
As discussed in the Property/Zoning History of this report, the
property was previously an auto service repair business with long-
term operations. Limited interior renovations are necessary to
make the site suitable for the repair of vehicles in this location. Six
repair bays are located within the building.
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Proposed exterior improvements will include restriping and resurfacing of the
parking lot, including adding two accessible spaces (as required by Section 12-9-
8). The petitioner also plans to remove gravel from the rear parking area and pave
an asphalt driveway in the back of the property leading to the dumpster enclosure
and the rear overhead doors. Any unpaved areas on the property, including the
remainder of the gravel parking lot in the rear, will be covered with grass, wood
mulch, or other plant materials, as required by Section 12-10-6.A. Several
suggested conditions of approval involve these property improvements, which per
the site plan are intended to enhance the rear of the property and lessen the
amount of hardscape (parking surface) in favor of increasing the amount of
landscaped area.
Impact to Neighborhood
Noise and odor associated with this site will be typical of an auto service repair
use, which is the historical use of this property. The proposed hours of operation
will be 8:00 a.m. to 5:00 p.m., Monday through Friday, Saturday 8:00 a.m. to
12:00 p.m. The proposed number of employees will be 10 or fewer. No additional
entrances are proposed at this site; access will be provided by the existing two
driveways.
A traffic study was not requested by staff, as the scale of this operation is the
same as the previous use in this location and no known issues with traffic were
communicated by Police or Code Enforcement surrounding the business that
previously operated at this site. However, several violations were issued for the
previous business, as discussed in the Property/Zoning History section of this
report. Several suggested conditions of approval were written to provide
assurances this conditional use will not result in additional violations if this type
of use is reinstated.
Parking
The below table provides an overview of required and provided parking for this
building and uses. After improvement of the rear parking area, additional parking
spaces will be added to the total; however, the petitioner does not have specific
plans. If additional display spaces are requested in the future, the petitioner would
be required to amend the conditional use, as specified in the suggested conditions
of approval.
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Most vehicles will be repaired and returned to the customer within 24 hours, per the petitioner. A
suggested condition of approval would require all inoperable vehicles to be placed inside the
building or in the rear parking lot only in striped spaces that would comply with the dimensional
requirements of the Zoning Ordinance.
An additional suggested condition of approval acknowledges issues with the former auto service
repair business using the adjacent parking lot to park vehicles. This parking lot on 1062 Lee
Street is owned by a separate property owner and may not be used to park or store vehicles. The
suggested condition of approval requires signage indicating parking areas for the auto repair
business and stating that no parking is permitted on the adjacent property.
Standards for Conditional Use
The following is a discussion of standards for conditional uses from Section 12-3-4(E) of the
Zoning Ordinance. Rationale for how the proposed amendments would satisfy the standards is
Use Requirement Total Required Total Proposed
Automotive service
repair
2 spaces per service bay,
plus 1 space for every 200
square feet of accessory
retail
6 service bays =
12 spaces
1425 sq ft of office
= 8 spaces
20 spaces
21 spaces
Motor vehicle sales 1 space for every 500
square feet of showroom
and office floor area, plus 1
space for every 20 vehicle
display spaces (required off
street parking spaces
cannot be occupied by
motor vehicles for sale or
for lease)
5 vehicle display
spaces
No showroom or
office specifically
for the motor
vehicle sales
0 required spaces
5 vehicle
display spaces
Accessible Spaces Parking lots with 21 to 50
spaces require 2 spaces
2 accessible spaces 2 accessible
spaces
Total Spaces: Required
20 off-street
parking spaces
2 accessible spaces
Proposed
21 off street
parking spaces*
5 display spaces
for motor
vehicle sales
26 total spaces
*Includes accessible spaces
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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. The proposed Conditional Use is in fact a Conditional Use established within the
specific Zoning district involved:
Comment: Auto service repair and motor vehicle sales (on properties greater than 25,000
square feet) are conditional uses within the C-3, General Commercial District.
PZB Additions or Modifications (if necessary): ________________________________
2. The proposed Conditional Use is in accordance with the objectives of the City’s
Comprehensive Plan:
Comment: The 2019 Comprehensive Plan illustrates this area to be used for Commercial.
This business would bring commercial activity into this area; several buildings in this
corridor are vacant, and revitalization with new businesses would be beneficial to the vitality
of this area of Lee Street.
PZB Additions or Modifications (if necessary): _________________________________
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: Many suggested conditions of approval are included with this case to provide
assurances about the use being compliant with applicable zoning requirements, including
requiring improvements to the parking lot, removal of gravel from the rear parking area, and
providing landscaping around the pole sign and in front of the building or parking lot. No
modifications to the exterior of the building are proposed.
PZB Additions or Modifications (if necessary): _________________________________
4. The proposed Conditional Use is not hazardous or disturbing to existing
neighboring uses:
Comment: As discussed in the Petitioner’s Response to Standards, the business will operate
Monday through Friday 8:00 a.m. to 5:00 p.m., and Saturday 8:00 a.m. to 12:00 p.m. The
property is within an existing commercial area, with no residences directly adjacent. See the
Petitioner’s Narrative and Response to Standards for additional information about business
operations. The suggested conditions of approval surrounding the location of parking,
storage, disposal of materials, and landscaping are meant to provide assurances that limit any
disturbance or nuisance to the neighborhood, either through the business operations or
aesthetics of improvements.
PZB Additions or Modifications (if necessary): _________________________________
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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 existing building has been adequately served by essential public facilities and
services. Staff has no concerns that the proposed use will not be adequately served with
essential public facilities and services. Prior to business registration approval, the petitioner
must provide a waste oil agreement to the Fire Prevention Bureau and undergo an inspection
of the building by the fire, building, and zoning divisions to determine compliance with this
conditional use and all applicable local, state and federal regulations.
PZB Additions or Modifications (if necessary): _________________________________
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 proposed use would not create a burden on public facilities. This new
business would be located within an existing building and provide additional business
activity to this corridor.
PZB Additions or Modifications (if necessary): _______________________________
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: Traffic generated by these uses will be consistent with the amount of traffic
previously generated at this site, and staff believes the existing street network can
accommodate the traffic for this use. This auto service repair use would result in the same
amount of fumes, noise, and odors as other similar businesses, including the former business
at this location.
The petitioner indicates in their narrative and response to standards that any hazardous
materials generated by this use (oil, tires, etc.) will be properly handled and meet city, state,
and federal requirements. Used tires are picked up by a third-party tire disposal company
every other week, per the petitioner’s response to standards. A suggested condition of
approval states where used tires may be located and requires the petitioner to provide to staff
a copy of this tire disposal company contract.
No underground storage tanks (UST) are proposed for this property; a previous used oil tank
was located on this site and removed in 1990, per the State Fire Marshall UST Database.
PZB Additions or Modifications (if necessary): ________________________________
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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: Access to the building will continue to be provided by two existing driveways
along Lee Street. Traffic generated by these uses will be consistent with the amount of traffic
previously generated at this site, so a traffic study was not requested by staff. Staff believes
that the existing street network can accommodate the traffic for this new use, as the intensity
is not increased compared to the previous use at this location.
PZB Additions or Modifications (if necessary): ________________________________
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 is within an existing building and thus would not result in
the loss or damage of natural, scenic, or historic features. No new development is proposed
for this site.
PZB Additions or Modifications (if necessary): _________________________________
10. The proposed Conditional Use complies with all additional regulations in the Zoning
Ordinance specific to the Conditional Use requested:
Comment: The proposed uses comply with all applicable requirements as stated in the
Zoning Ordinance. Several proposed improvements and related suggested conditions of
approval are proposed that would bring this property into closer conformance with
requirements, including providing handicap accessible parking spaces, landscaping, and
removal of non-permitted landscaping material (gravel) from the rear parking area.
PZB Additions or Modifications (if necessary): _________________________________
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, approve subject to conditions, or deny the above-
mentioned conditional use permit. City Council has final authority on the proposal.
Consideration of the request should be based on a review of the information presented by the
applicant and the findings made above, as specified in Section 12-3-4.E (Standards for
Conditional Uses) of the Zoning Ordinance. If the PZB recommends and City Council ultimately
approves the request, staff recommends the following conditions.
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Recommended Conditions of Approval:
1 No motor vehicles unassociated with the petitioner’s business operations may be parked
in any of the parking areas associated with the property.
2. Except for operable motor vehicles, no materials or supplies related to this use may be
stored outside the building or the dumpster enclosure. Prior to business registration, all
debris must be removed from the property, including the rear parking area.
3. All used tires must be located inside a building or within a permitted accessory structure.
A contract indicating at minimum biweekly pickup of used tires must be provided to
Community and Economic Development staff prior to approval of business registration.
This tire disposal contract must be active if the auto service repair use is active on this
property.
4. Any vehicles related to this use must be stored on this property, on a dust-free hard
surface. Any inoperable vehicles must be located inside the building or placed in the rear
parking/driveway area, in which case the rear driveway area must contain striped parking
spaces that satisfy all dimensional requirements of Chapter 12-9 (Off-Street Parking and
Loading).
5. Identification and directional signs must be located on site noting the locations available
for customers of the proposed business at 1065 Lee and noting that parking on the
adjacent parking lot at 1062 Lee is prohibited.
6. Parking on the adjacent parking lot at 1062 Lee St is strictly prohibited, until and unless
the petitioner acquires or leases this property, in which case the additional parking would
be an expansion, and an amended conditional use would be required.
7. Motor vehicle sales requires a state dealer license. Prior to issuance of building
registration, petitioner must obtain license; the City will cooperate in prerequisite
process, such as signing the Certificate of Proper Zoning.
8. No more than five motor vehicles may be displayed for sale on site at one time. Through
signs, striping, or a combination, these five spaces should be identified and reserved.
Additional display spaces would require an amendment to the conditional use. Sufficient
spaces to meet the minimum off-street parking requirements shall be provided on the
property at all times.
9. All parking areas must be paved, striped, and landscaped according to all applicable
Zoning Ordinance standards. Accessible parking spaces shall be located on site to meet
accessibility standards pursuant to Section 12-9-8 and Illinois Accessibility Code. The
petitioner may revise the site plan approved with this conditional use to adjust striping
and landscaping; provided, however, the final plan includes the minimum number of
spaces for this use.
10. Three feet of landscaping must be provided around the base of the existing pole sign,
pursuant to Section 12-11-4.G. Landscaping or landscape planter boxes must be added to
the street-facing portion of the building or parking lot prior to business registration.
11. A parking lot permit to reflect the site plan must be issued prior to business registration.
The petitioner may revise the site plan approved with this conditional use; however, the
paved area in the rear, if intended to be used for any parking, must meet dimensional
requirements pursuant to Chapter 12-9. This permit must indicate all gravel will be
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removed from the property and be replaced by an approved landscaping material (turf,
wood mulch, or other plant materials), pursuant to Section 12-10-6.
Attachments:
Attachment 1: Location Map
Attachment 2: Site and Context Photos
Attachment 3: Project Narrative and Responses to Standards
Attachment 4: Plat of Survey
Attachment 5: Site Plan
Chair Szabo swore in petitioners, Christian Bernatek and Krzysztof Bernatek for 1065 Lee
Street.
C. Bernatek stated that they are requesting two conditional use permits for Auto Repair and Auto
Sales. He stated that they started their business in Park Ridge in 2005. They have since moved to
two locations, one in Skokie and one in Morton Grove. They would like to merge the businesses
under one roof in Des Plaines. He stated that they are mechanics, and they usually have the
vehicles 1-2 days. Mr. C. Bernatek stated that they plan to resurface the front parking lot,
refinish the stucco in the front, add two accessible parking spaces in the front. He plans to add
landscaping. He proposes a driveway to access the two doors in the back. The rest of the area
would be wood chips or other landscaping. He stated that the dumpster would be enclosed in the
back. He discussed the site plan.
Chair Szabo asked where the dumpster would be located?
C. Bernatek stated they plan to put the dumpster in the back on a concrete pad. He plans to have
the dumpster hidden.
Member Weaver asked about the parking space lines on the site map. He asked if the two
accessible parking spots are in the front of the building. And if the alley is in the right of way
and would be used for the garbage truck to get to the dumpster? He asked if he was planning to
use the 8 feet of public way?
C. Bernatek stated that there would be two accessible parking spaces in the front and there would
be parking on the side as well. He stated that he has 30 feet from the building allowing a driving
area. The alley was used as a street in the past it dead ends into the railroad. No one uses it
unless they are accessing the properties.
Member Hofherr asked how many vehicles do you anticipate inside and outside the business?
He also said that the front of the business has spaces. Would the side spaces be used for
employees?
K. Bernatek stated that they will have enough parking. He stated they could have between 5-10
vehicles at a time. Their goal is to have 50-75% of allowable spaces used. He stated that the
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North end is designated for the front spaces. The bay doors will be used for customers and the
side areas would most likely be used for employees.
Samantha Redman, Planner gave the staff report. She explained the two Conditional Use
requests for 1065 Lee Street. One is for Auto Services and the other is for Motor Vehicle Sales.
She gave a presentation explaining requests. The location is zoned C-3. She went over the site
photos showing the bays, dumpster, and parking lots. Ms. Redman gave the background of the
property. She explained the Conditional Use for Motor Vehicle Sales in C-3 requires 25,000
square feet. The petitioner has over 31, 00 square feet. She stated that the parking lot will need
to be resurfaced and restriped. There are already parking spaces. They could request to vacate
the alley in the future. They will also need to add landscaping. They will need to add accessible
parking spaces. They currently have 6 bay spaces. There is a gravel parking lot in the rear that
is not allowed in Des Plaines. There are plans to remove the gravel and redo the parking lot.
There is currently a driveway in the back for the dumpster and bay door. There are 11 suggested
Conditions of Approval.
Chair Szabo asked if the petitioner is aware of all the recommended conditions and if they have a
problem with any of them.
C. Bernatek stated that they do not have a problem with any of the conditions.
Member Weaver asked about Condition 11, stating the petitioner may revise the site plan
approved with this conditional use; however, the paved area in the rear, if intended to be used for
any parking, must meet dimensional requirements pursuant to Chapter 12-9. This permit must
indicate all gravel will be removed from the property and be replaced by an approved
landscaping material (turf, wood mulch, or other plant materials), pursuant to Section 12-10-6.
Member Weaver asked that if they have the ability to remove the gravel without needing to
improve the parking lot. Ms. Redman stated yes, they will need to removal the gravel but do not
need to get a full parking lot permit to do this; the intent with the condition is to provide
flexibility.
Chair Szabo asked the audience if anyone is in favor or opposes this request. – No responses.
A motion was made by Board Member Weaver, seconded by Board Member Hofherr to
recommend that the City Council approve the Conditional Use permit with the eleven
conditions drafted by staff.
AYES: Weaver, Hofherr, Saletnik, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY **
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2. Address: 733 Lee Street Case Number: 23-038-TA-CU-V
The petitioner is requesting the following under the Zoning Ordinance (summarized): (i) text
amendments to allow a “School – Private, Elementary and High” in the 700 block of Lee Street
in the C-5 Central Business District, with a conditional use permit, where currently such schools
are allowed only in the 800 block of Lee; (ii) a conditional use to operate such type of school at
733 Lee, or an amendment to the conditional use granted by Ordinance Z-024-10, whichever is
necessary; (iii) a conditional use for commercially zoned assembly; and (iv) variations that
address various existing structure, sign, and site conditions; the recording requirement for
collective parking agreements; and proposed partial compliance with parking lot landscaping
requirements.
PIN: 09-20-200-042-0000, 09-20-200-006-000
Petitioner: ICCD Academy NFP, 733 Lee St., Des Plaines, IL, 60016
(Authorized agent/representative: Mark Daniel, Daniel Law Office,
17W733 Butterfield Road, Unit F, Oakbrook Terrace, IL 60181)
Owner: Trustee of Trust No. 16505, Parkway Bank and Trust Co.,
4800 N. Harlem Ave., Harwood Heights, IL 60706
(Beneficiary: ICCD Academy, NFP)
Ward Number: #2, Alderman Colt Moylan
Existing Zoning: C-5, Central Business District
Surrounding Zoning: North: C-5, Central Business
South: R-4, Central Core Residential
East: R-4, Central Core Residential
West: C-5, Central Business
Surrounding Land Uses: North: Office building, City-owned library parking garage
South: Financial institution (Old National Bank) and parking lot
East: Private school
West: Vacant site
Street Classifications: Lee Street is an arterial roadway (IDOT jurisdiction);
Prairie Avenue and Center Street are collectors (local jurisdiction).
Comprehensive Plan : The Comprehensive Plan illustrates this site as Higher Density
Urban Mix with Residential.
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Property/Zoning History:
This subject property/zoning lot is 33,177 square feet (just greater than .75 acres)
and consists of two parcels. The lot is separate from both the small triangular lot
and building at 1445 Prairie (not connected), as well as the lot and building at 749
Lee (currently Old National Bank; also not connected). The building on the
subject property consists of three usable floors: a basement, first floor, and second
floor. In addition, there is a surface parking lot in the east (rear), currently striped
with 38 parking spaces per the Plat of Survey, accessible from Center Street. In
2010, Ordinance Z-024-10 (see attached) granted the subject property a
conditional use to operate a school. This approving ordinance was requested at the
time by Plato Academy, which occupied the building for several years before
moving to 915 Lee Street. Plato shared the building with office tenants, notably
the Greek American Restaurant Association. When Plato vacated, the office use
remained. The petitioner purchased the property in 2022.
The petitioner approached staff in 2022 about opening Islamic City Center of Des
Plaines Academy (ICCDA). The current Zoning Ordinance does not allow private
schools in the 700 block of Lee (restriction was put in place in 2018). However,
staff reviewed with the General Counsel and determined that the approving
conditional use ordinance was written to run with the property and could be
transferred to the same use – a private school – even though the new
owner/operator was different than the original petitioner. Further, Section 12-3-
4.H.3 states, “…a conditional use shall be deemed to relate to, and be for the
benefit of, the use and lot in question, rather than the owner or operator of such
use or lot.” Therefore, the petitioner has been utilizing the conditional use for
their operations and building, bound to the restrictions of being a legal
nonconforming use (Section 12-5-5) and adherence to all conditions and
limitations of the 2010 approval. The City and the petitioner entered into an
agreement, dated August 30, 2022, which reinforced that all conditions and
parameters of the approving ordinance would apply to ICCDA. These parameters
included (i) using only portions of the floor plan illustrated in the approving
ordinance for school purposes; (ii) limiting enrollment to no more than 60
students, as this was represented by Plato Academy when they received the
original approval; (iii) maintaining unobstructed windows, except for uniform,
non-permanent window treatments; and (iv) remaining willing to work with the
City if any traffic issues arise. The City issued a business registration in
September 2022 to allow school occupancy for the 2022-2023 academic year, and
the school subsequently opened. They are now requesting approvals to operate in
a larger portion of the building with more students, and to have non-accessory
worship and religious activities (“commercially zoned assembly”).
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TEXT AMENDMENT
Request Description:
The petitioner, ICCDA, is requesting to amend Section 12-7-3.K of the Zoning
Ordinance, specifically the Commercial Districts Use Matrix. Currently in the C-5
District, conditional use permits allow private schools only in the 800 block of Lee Street
(currently the Little Bulgarian School/Center is in this block). This limitation was
established in June 2018 (Ordinance Z-17-18). The requested text amendment would
extend the possibility of private schools to the 700 block of Lee Street, but a conditional
use would still be required, which means the PZB would hear and review and the City
Council would have to approve any request for such school. The following are the
proposed amendments (additions are bold, double-underlined; deletions are
struckthrough):
“12-7-3: COMMERCIAL DISTRICTS REGULATIONS:
***
K. Commercial Use Matrix:
TABLE 3
COMMERCIAL DISTRICTS USE MATRIX
P = Permitted use
C = Conditional use permit required
***
C-1 C-2 C-3 C-4 C-5 C-6 C-7
Schools, private - elementary and high school C15
***
Notes:
***
15. For properties with frontage located on the 700 block and 800 block of Lee Street only.
Provided that there is an elementary or high school, the school may also operate
kindergarten and pre-kindergarten programs accessory to the school.
***”
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CONDITIONAL USES / AMENDED CONDITIONAL USE
Request Description:
The petitioner is requesting two conditional use permits: (i) a private school, as the
primary principal use; and (ii) a commercially zoned assembly as a secondary principal
use. In the event the requested text amendment is not approved, ICCDA requests
consideration of an amendment to the original conditional use to achieve the desired
expansion of school operations.
Private school
The petitioner has operated ICCDA at the property since September 2022. They
completed their first fall-to-spring main academic year in June 2023 and are currently
providing summer programming. The school’s mission includes a traditional academic
and religious curriculum, meaning that worship activities involving students, families,
and staff are intrinsic and accessory to the school. Assuming the proposed text
amendment is approved, the petitioner is seeking a new conditional use to entitle ICCDA
specifically and to allow the organization to expand both student enrollment and the
portions of the building that may be used for school purposes (i.e., basement and the
second floor). In summary, the petitioner’s statement and plans request and depict the
following:
• An allowance of up to 233 students, pre-K through eighth grade, exclusive of volunteers
and staff
• An expanded number of classrooms (20, including art rooms and science or other labs),
on both the first and second floors
• An auditorium on the second floor and prayer/worship area(s) in the basement; these
areas would be part of the daily school curriculum but also serve as the proposed
commercially zoned assembly area (see separate discussion later in the report).
This table outlines approximate days and times of programming in the building.
Activity Days/Purpose Time
General school hours Monday-Thursday 8 a.m.-4 p.m.
Friday 8 a.m.-2 p.m.
Saturday-Sunday 9 a.m.-2 p.m.
General before-school program Weekdays 7-8 a.m.
General after-school program Monday-Thursday 4-6:30 p.m.
Friday 2-6:30 p.m.
General staff & janitorial arrival Weekdays 5:30-7:30 a.m.
Planned Drop-off Period Weekdays 7:30-8:45 a.m.
Saturday-Sunday 8:30-9:30 a.m.
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*A secondary principal use, not necessarily accessory to the school
Drop-off and Pick-up Operations
The petitioner has provided a detailed description and graphical depiction of drop-off and
pick-up of students, using the property’s on-site parking lot, with vehicles entering from
and exiting to Center Street. In a typical day, the combined drop-off and pick-up duration
is two hours and 15 minutes, and per the provided table and description, and the periods
would not overlap with staff arrival and departure. ICCDA employees would be assigned
parking spaces in locations that would have the least potential conflict with the temporary
lanes. The drop-off and pick-up locations within the parking lot intuitively allow the
younger students and their parents the nearer positions to the door, and the plan identifies
that staff from the school would be outside the building during the periods to help
manage the flow.
The attached plan includes observations, data, and projections prepared with the
engineering firm KLOA and grounded in the makeup of the current student population.
Because of the school’s tendency to enroll multiple students from a single family, the
petitioner expects that the number of vehicles circulating through a pick-up or drop-off
would not exceed half, or 50 percent, of the enrollment. Further, they project that
approximately 15 percent of students will walk to school. Finally, the petitioner expresses
willingness to work with the Police Department to the extent necessary or required. It is
worth noting Police and other City staff do not support the incorporating on-street
loading on any of the adjacent streets: Lee, Prairie, or Center. However, it is also worth
noting that upon receiving this comment in staff review prior to the public hearing, the
petitioner revised their plans to make the fullest and most deliberate possible use of their
parking lot and drive aisles.
Building Safety and Occupancy
The greatest challenge in allowing the desired student enrollment in staff’s view is not the
external factors surrounding parking and traffic but instead the remodeling or retrofitting
the building such that classrooms and all school-occupancy spaces have sufficient
hallway widths to provide means of egress. In the past, this building has been a mix of
school and office occupancies; it is now proposed to be school and assembly (worship).
The Building Division has worked extensively with the petitioner’s architect to advise on
floor plans with dimensions that could allow the occupancy to approach what the
petitioner desires. However, while the attached floor plans are provided for zoning
consideration, they should not be considered building permit-ready drawings. In fact,
staff recommends a condition that while the maximum desired student enrollment of 233
could eventually be reached in the future under conditional use approval, the occupant
load of the building cannot exceed the maximum established by the Chief Building
Planned Pick-up Period Monday-Thursday 3:30-4:30 p.m.
Friday 1:30-2:30 p.m.
Saturday-Sunday 1:30-2:30 p.m.
Ramadan (Iftar) Assembly* 6-10:30 p.m.
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Official and Fire Prevention Bureau; plans may be altered, and the occupant load may be
increased, if required alterations are made.
Commercially Zoned Assembly
The petitioner describes certain activities that would be open to the public beyond
ICCDA students, families, staff, and volunteers, particularly during holy periods during
the calendar year. These activities are less frequent than the daily school operation,
occupy only portions of the building (basement prayer areas, second-floor auditorium)
and are therefore subordinate to the primary principal use; however, they are not
incidental/accessory to the school, so the assembly activity is categorized as a secondary
principal use and must be approved via a conditional use. No text amendment is required,
as commercially zoned assemblies are already established as a conditional use in the C-5
District, without any additional prerequisites or restrictions.
The Iftar, or daily fast-breaking evening meal during the annual holy period
(approximately one month) of Ramadan, is identified as the main time during the year
when commercially zoned assembly would occur. In addition, the petitioner notes that on
Fridays, the building would host Jumu’ah prayers, which may occasionally be open to the
public—although the statement attests when open to the public, the Jumu’ah would not
overlap with school activities. The Board may wish to ask the petitioner to explain how
the overlap would not occur if the submitted schedule shows the school being open on
Fridays. Further, the PZB may ask the petitioner to clarify how the food component of
Iftar will occur (i.e., food brought from the outside versus prepared on site). Language
within the petitioner’s statements indicates no food would be prepared on site.
The basement prayer/library area spans two rooms and is 2,904 square feet per the
submitted floor plan. It does not have fixed seating but lists a maximum occupancy of
194 people. The second-floor auditorium is 903 square feet and proposed to have a
maximum occupancy of 60 people (presumably through fixed seating). Collectively,
these are the proposed assembly use areas.
Off-Street Parking (Both Uses)
The petitioner’s plans show a restriped parking lot that actually increases the number of
spaces from the current striping: from 38 currently to 42. The addition stems from the
ability to design the accessible parking area more efficiently because of recent updates to
the Illinois Accessibility Code. Further, the property lies in the C-5 District. Section 12-9-
1 instructs “… no off-street parking shall be required for the first two thousand five
hundred (2,500) square feet of a use…in the C-5 central business district.” The petitioner
is proposing two principal uses – private school (primary) and commercially zoned
assembly (secondary) – and the sum of both minimums will establish the overall
minimum. However, Ordinance allows the 2,500-square-foot deduction from each use.
The rationale is that as the central business district C-5 is different from other areas of
Des Plaines because of the availability of public parking garages and public
transportation, as well as residential density that lends itself to households walking and
having a reduced need to drive and park.
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The table on the following page breaks down the minimum requirements for both a
private school and a commercially zoned assembly, which must be summed to determine
the total requirement. In summary, the total requirement is 39 spaces, and 42 are
proposed to be provided, after parking lot improvements (restriping, addition of
landscape island), so the requirement would be met. However, the submittal does not
contain a description of the projected attendance of the assembly events. The floor plans
establish a maximum occupancy of 60 people in the auditorium and 194 in the basement
prayer/library area, but the petitioner may not intend to have or project this many
attendees. Although the petitioner expressed potential assembly occupancy in their
attached Cover Statement – specifically in their proposed conditions – the PZB may wish
to ask the petitioner to more clearly identify the potential number of people expected for
an assembly.
Use,
Required Ratio
Floor Area Required parking
Private School (in this case
“Elementary School”): 1 space for
each classroom, plus 1 space per
200 square feet of area devoted to
offices
Office: (all excluded because of C-
5 District)
20 classrooms
20 spaces
Commercially zoned assembly (in
this case, “Place of Worship”):
1 space for every 5 seats in the
main auditorium, sanctuary, nave or
similar place of assembly and other
rooms … which are to be occupied
simultaneously.
In cases where there is no affixed
seating, 1 space shall be provided
for every 60 square feet of floor
area.
Assuming maximum number of
seats in the auditorium (60):
12 spaces.
Assuming simultaneous
occupancy of the prayer area:
2,904 square feet – 2,500 square
feet for C-5 exemption = 404
square feet / 60 = 6.73 spaces
(rounds up to 7)
12 for auditorium +
7 for prayer area =
19 spaces
Total Required 39 spaces
Total Proposed 42 spaces
Finally, regarding the refuse/dumpster, the existing dumpster is nonconforming, as it not
enclosed. The site plan shows building a dumpster enclosure, which should bring the
structure into conformance. The height and materials of the enclosure are not indicated on
the site plan but would be regulated by Section 12-10-11.
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VARIATIONS
Request Description:
The petitioner is electing to seek several variations related to existing conditions of the
building and property, specifically its required yards (setbacks), parking lot, on-site and
off-site/parkway landscaping, and signs. For this irregular corner lot, the front yard
extends from the west lot line where it abuts Lee, the rear yard extends from the east lot
line (Center), and there are three side yards: from the south lot line, which borders the
Old National Bank parking and drive-through area; from the north lot line, which abuts
Prairie; and from the west lot line portion that does not abut Lee but instead separates the
ICCDA parking lot from the Old National parking lot. Based on real estate listing
information,1 the building was built originally in 1957 and renovated in 1977. Not
surprising, the building is a nonconforming structure in multiple ways. While the
variations requested may not be essential to entitling the operation of the school or
assembly, they allow the petitioner to retain certain physical characteristics and make
reasonable enhancements but not comply strictly with current Ordinance requirements. In
particular, with the existing parking lot nonconforming regarding various minimum curb
and landscaping uses, adding new striped spaces to it could be considered intensifying the
nonconformity and requiring a full upgrade to strict adherence. Therefore, the petitioner
is seeking variation to allow a partial upgrade – notably installing a landscape island
down the middle of the central double-loaded parking stalls – but not installing perimeter
buffer strips at the south or west lot lines. The necessary variation requests are listed in
the following table:
Section Requirement Proposed Type of
Variation
12-7-3.L,
Table 4
5-foot minimum side yard
on the north lot line
(Center Street)
Existing condition:
2-foot minimum side yard
Standard
12-9-3.A.4 Collective parking
agreements shall be
recorded.
n/a* Major
*The petitioner requested relief from having to record a collective parking agreement,
but their site plan shows the parking minimum would be met on site; therefore,
petitioner has not submitted a collective parking agreement.
Related to Parking Lot Design and Landscaping
12-9-6.D. Install curb at least 3.5
feet from property lines at
the parking lot perimeter.
Existing conditions: The
south and west perimeters
would not have curb.
Major
1 Loopnet (2023). Accessed July 6, 2023 at https://www.loopnet.com/Listing/733 -Lee-St-Des-Plaines-IL/3989538/
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12-10-7 Parkway landscaping/trees
with species and amounts
as specified (applies here
only in a small portion at
near the corner of Prairie
and Center)
Existing conditions in the
area where the regulation is
relevant.
Major
12-10-8.B. Install perimeter parking
lot landscaping at the
south and western edges
of the parking lot/lot lines
As shown in the site plan,
install an interior landscape
island but do not install
perimeter landscaping at the
south and west edges of the
parking lot.
Major
Related to the Existing Pole Sign near Center
12-11-4.G Pole and monument signs
shall be required to
provide and maintain
landscaping at the base of
the sign
Existing conditions: no
landscaping
Major
12-11-5.A. No pole sign shall be
constructed closer than
five feet (5') from any
property line.
Existing conditions: sign
installed at lot line
Major
Standards for Text Amendments:
The following is a discussion of standards for zoning amendments from Section 12-3-7.E of the
Zoning Ordinance. Rationale for how the proposed amendments would satisfy the standards is
provided here and also in the attached Petitioner’s Responses to Standards for Text
Amendments. The PZB may use the statements below, use the petitioner’s responses, or adopt its
own rationale.
1. Whether the proposed amendments are consistent with the goals, objectives, and
policies of the comprehensive plan, as adopted and amended from time to time
by the City Council;
Comment: Although the Comprehensive Plan illustrates the 700 block of Lee Street as
“Higher Density Urban Mix with Residential,” a school use can (i) provide the kind of
regular, daily activity that bolsters the Central Business District and (ii) provide a nearby
educational option for the many (and growing number) of nearby households.
PZB Modifications (if any): _______________________________________________
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2. Whether the proposed amendments are compatible with current conditions and
the overall character of existing development;
Comment: The amendments appear to be compatible because they reflect existing
conditions on the east side of Lee Street. On the west side, the property is vacant and ripe
for redevelopment, but the amendments would not automatically entitle a school; they
simply expand the possibility for the conditional use process. The City would not be
bound to approve a conditional use on, for example, the 750 Lee Street property on the
west side of the street.
PZB Modifications (if any): ______________________________________________
3. Whether the proposed amendments are appropriate considering the adequacy of
public facilities and services available;
Comment: The hub for services that private schools may need (e.g., Police, Fire) are
concentrated in the Central Business District already. The 700 block is directly adjacent
to the 800 block, where a conditional use for private schools is already possible.
PZB Modifications (if any): _______________________________________________
4. Whether the proposed amendments will have an adverse effect on the value of
properties throughout the jurisdiction; and
Comment: The proposed amendments are not likely to bring a wave of private schools,
and they reflect existing conditions, so there is not expected to be an effect on property
values.
PZB Modifications (if any): ______________________________________________
5. Whether the proposed amendments reflect responsible standards for
development and growth.
Comment: Expanding the conditional use possibility for private schools in the C-5
District merely provides another option for development but does not automatically
entitle their development or operation. The City would have the opportunity to review
and authority to approve or deny specific requests.
PZB Modifications (if any): _________________________________________
Standards for Conditional Use
The following is a discussion of standards for conditional uses from Section 12-3-4(E) of the
Zoning Ordinance. Rationale for how the proposed amendments may or may not satisfy the
standards is provided below and in the petitioner’s response to standards. For certain standards,
comments are split between the consideration of the private school (“school”) and the
commercially zoned assembly (“assembly”). The PZB may use this rationale toward its
recommendation, or the Board may make up its own.
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1. The proposed Conditional Use is in fact a Conditional Use established within the
specific zoning district involved:
Comment (school): This is pending the outcome of the proposed text amendment. However,
the conditional use via Ordinance Z-024-10 dates to a time when private schools were an
established conditional use at this subject property.
Comment (assembly): Yes, the requested use is a conditional use in the C-5 District.
PZB Modifications (if any): ___________________________________________________
2. The proposed Conditional Use is in accordance with the objectives of the City’s
Comprehensive Plan:
Comment (school and assembly): The 2019 Comprehensive Plan illustrates this site to be
used for high-density urban mix with residential. However, the Plan also dedicates a chapter
to strategies to enhancing downtown Des Plaines and inspiring visitation and commercial
activity. A daily use such as a school brings people downtown every day and builds
downtown visitation into their routine, which makes it possible they will also patronize
businesses downtown, such as a grocery store, retail store, restaurant, dry cleaner, doctor’s
office, or services establishment.
PZB Modifications (if any): __________________________________________________
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 (school and assembly): Any exterior alterations proposed with this application
would, if anything, enhance the property and character of the area.
PZB Modifications (if any): ____________________________________________________
4. The proposed Conditional Use is not hazardous or disturbing to existing
neighboring uses:
Comment (school): The petitioner has provided a thorough pick-up and drop-off plan, which
utilizes their parking lot, to address the proposed increase in enrollment. Staff has not
received any complaints about the current ICCDA’s operation since September 2022, albeit
with a notably smaller enrollment than what is proposed.
Comment (assembly): The Board may consider whether having a potential spike of additional
traffic and activity during essentially one month of the year for a few hours at a time and on
occasional Fridays rises to the level of being “hazardous” or “disturbing.”
PZB Modifications (if any): ____________________________________________________
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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 (school and assembly): The existing building has been adequately served by
essential public facilities and services. Staff has no concerns that the proposed use will not be
adequately served with essential public facilities and services in the future.
PZB Modifications (if any): ___________________________________________________
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 (school and assembly): While the petitioner is offering to collaborate with City
staff and departments, such as Police, Fire, and Building/CED, staff does not interpret these
as being obligatory activities. On the contrary, staff expects that approved conditional uses
would set reasonable conditions and expectations and set the stage for long-term compliant
occupancy and operation.
PZB Modifications (if any): ___________________________________________________
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 (school and assembly): All activities are proposed to occur inside buildings, aside
from those driving, walking, or otherwise getting to and from the doors of the building. All
uses must be in compliance with the Environmental Performance Standards in Chapter 12 of
the Zoning Ordinance.
PZB Modifications (if any): ____________________________________________________
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 (school): While the increased enrollment will inherently bring more vehicles to the
area, the spikes will be short and should be managed to prevent stacking into Center Street
(i.e., a queue that blocks or impedes traffic). Observations reported by the petitioner in their
submittal, as well as anecdotal observations by staff, indicate that there is additional capacity
on adjacent streets during daytime school hours.
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Comment (assembly): The Board may consider asking the petitioner to commit to methods to
encouraging carpooling, using non-motorized transportation (walking and parking), or, if
driving, utilizing nearby public parking garages (i.e., Library Garage, immediately north on
Prairie, or 1425 Ellinwood/Welkin garage approximately ½ block to the north on Lee).
PZB Modifications (if any): ____________________________________________________
9. The proposed Conditional Use does not result in the destruction, loss, or damage of
natural, scenic, or historic features of major importance:
Comment (school and assembly): The subject property is within an already development
building and thus would not result in the loss or damage of natural, scenic, or historic
features.
PZB Modifications (if any): ____________________________________________________
10. The proposed Conditional Use complies with all additional regulations in the Zoning
Ordinance specific to the Conditional Use requested:
Comment (school and assembly): The proposed uses would comply with all applicable
requirements as stated in the Zoning Ordinance.
PZB Modifications (if any): ____________________________________________________
Variation Findings:
Variation requests are subject to the standards set forth in Section 12-3-6(H) of the Zoning
Ordinance. Rationale for how the proposal addresses the standards is provided in the attached
petitioner responses to standards, with some comments from staff below. The Board may use the
provided responses as its rationale, modify, or adopt 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: See petitioner’s responses to standards.
PZB Modifications (if any): ___________________________________________________
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
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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 an irregular shape, having a lot line fronting on three
different streets while also being a corner lot. In staff’s view, this is truly unique. See
petitioner’s responses to standards for more.
PZB Modifications (if any): ____________________________________________________
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: The petitioners did not create the unique shape and dimensions of the lot. See
petitioner’s responses to standards for more.
PZB Modifications (if any): ____________________________________________________
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: See petitioner’s responses to standards.
PZB Modifications (if any): __________________________________________________
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: See petitioner’s responses to standards.
PZB Modifications (if any): ____________________________________________________
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: See petitioner’s responses to standards.
PZB Modifications (if any): ____________________________________________________
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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: See petitioner’s responses to standards.
PZB Modifications (if any): ____________________________________________________
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: See petitioner’s responses to standards.
PZB Modifications (if any): ___________________________________________________
PZB Procedure and Recommended Conditions: Because of the multiple requests, staff
recommends the Board take multiple motions: (i) recommendation on the proposed text
amendment; (ii) recommendation on the proposed conditional use for private school/amended
conditional use through Z-024-10; (iii) recommendation on the proposed commercially zoned
assembly; (iv) a final vote on the standard variation regarding the required side yard; and (v) a
recommendation on all other requested variations, which the Board could consider with one
motion or individually.
TEXT AMENDMENT
Pursuant to Section 12-3-7(E) of the Zoning Ordinance, the PZB may vote to recommend
approval, approval with modifications, or denial of the proposed text amendment. The City
Council has final authority over the request.
CONDITIONAL USE / AMENDED CONDITIONAL USE FOR PRIVATE SCHOOL
Pursuant to Section 12-3-4(E) of the Zoning Ordinance, the PZB may vote to recommend
approval, approval with modifications, or denial of the conditional use. The City Council has
final authority over the request.
The petitioner suggested conditions in their attached Cover Application Statements. The Board
may review them, but staff does not recommend their verbatim use, with particular concerns
about (i) the reference to 36 parking spaces, when the minimum requirement (with both uses
active) is 39, and (ii) a temporary occupancy allowance through 2028 pending hallway-width
changes. Instead, should the PZB recommend approval of the conditional use, staff suggests the
following conditions:
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Recommended Conditions of Approval
1. Notwithstanding the desired maximum number of users, the occupancy load for the
building and all rooms utilized by the use shall not exceed the maximum set by the Fire
Department and Chief Building Official. This maximum may be increased only through
permitted construction and alterations; provided, however, the total attendees shall not
exceed the numerical limit set through this conditional use approval. Every room or space
that is an assembly occupancy shall have the occupant load of that room or space posted
in a conspicuous location, near an exit.
2. The petitioner shall complete the parking lot restriping and landscape project shown on
the site plan within 12 months of approval.
3. No on-site food service shall occur unless a code-compliant commercial-grade kitchen
were to be installed.
4. Any building or use expansion shall require the Petitioner to obtain a conditional use
amendment.
CONDITIONAL USE FOR COMMERCIALLY ZONED ASSEMBLY
Pursuant to Section 12-3-4(E) of the Zoning Ordinance, the PZB may vote to recommend
approval, approval with modifications, or denial of the conditional use. The City Council has
final authority over the request.
However, should the PZB recommend approval of the conditional use, staff suggests the
following conditions:
Recommended Conditions of Approval
1. Notwithstanding the desired maximum number of users, the occupancy load for the
building and all rooms utilized by the use shall not exceed the maximum set by the Fire
Department and Chief Building Official. This maximum may be increased only through
permitted construction and alterations; provided, however, the total attendees shall not
exceed the numerical limit set through this conditional use approval.
2. Commercially zoned assembly activities, or those worship activities not accessory to the
private school, shall occur at different times.
3. The petitioner shall complete the parking lot restriping and landscape project shown on
the site plan within 12 months of approval.
4. No on-site food service shall occur unless a code-compliant commercial-grade kitchen
were to be installed.
5. Any building or use expansion shall require the Petitioner to obtain a conditional use
amendment.
6. The petitioner will publicize on its website and actively distribute to its audience a map
of nearby public parking garages, with summary instructions and directions on how to
access and any hourly or time restrictions.
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VARIATIONS
The petitioner is requesting one standard variation and multiple major variations. Pursuant to
Section 12-3-6.F of the Zoning Ordinance, the PZB may vote to approve, approve with
modifications, or deny the Standard Variation to reduce the required side yard.
Then the Board may consider pursuant to Section 12-3-6.G a vote to recommend approval,
approval with modifications, or denial of the Major Variations. The City Council has final
authority over the request. Staff does not recommend conditions for the variations.
Attachments:
Attachment 1: Location and Aerial Map
Attachment 2: Site and Context Photos
Attachment 3: Plat of Survey
Attachment 4: Ordinance Z-024-102
Attachment 5: Responses to Standards for Text Amendment
Attachment 6: Responses to Standards for Conditional Use
Attachment 7: Responses to Standards for Variation
Attachment 8: Application Cover Statements, Operational Plan (collectively the Project
Narrative)
Attachment 9: Stacking, Circulation, and Pick-Up/Drop-Off Plan (with projections and data)
Attachment 10: Site Plan
Attachment 11: Floor Plans
Chair Szabo swore in Mark Daniel, Attorney for the petitioner, Jose Pareja, Architect for the
petitioner and Nayeem Syed, President of the School and Board and petitioner for the project.
Mr. Syed gave some background on the school. He stated that they want to expand the building
and school. They want to have the Islamic school and academy. Prayer is part of the curriculum.
To operate the school and maintain the building, they cannot afford to maintain the building with
the existing number of students and need more enrollment. They think there will be more
apartments occupied and stores shopped at in this area by the new occupants of the building.
Mark Daniel stated that they are in this process later than they hoped with opening the school.
They hope to have PZB recommendation after going through the history. This was an office
building that was previously occupied by the Greek American Restaurant Association. All the
first floor was used for school services. There were assumptions made prior to the office building
being purchased that caused a fire drill with the city to allow a temporary certificate of
occupancy. They knew they would have to convert the second floor a bit, but they entered a
temporary occupancy with the city to cap the students at 60. He gave a memo for KLOA that
were consulted about student drop off and traffic counts. They did this during a busier time of
year when more students were in cars. At the end of the year, parents and kids bring more things
2 2022 compliance agreement between City and owner/petitioner available upon request to City staff.
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home in cars and there is less walking. KLOA had a projected vehicle count the last 2 days of
school. There was less in the afternoon because ICCD has a half day program.
He stated that they want to preserve the pole sign. It turns in towards the property, so it does not
obstruct the sidewalk. They intend to reface and paint the sign. There is a city improvement
adjacent to the sign. There is a landscaping improvement that abuts the parking lot too.
Mr. Daniels stated there is a prior conditional use for a school, but it was for the first floor only.
Every variation we are asking for existed in 2010. The parking lot, sign, and property conditions
are all existing with these variations. In 2022, there were reductions agreed to. From the
petitioner’s perspective, it is a reduction. ICCD had a conditional use for only part of the first
floor. They are looking to accomplish a few things. The first thing is to get the school entitled
for the whole building. It is a two-story school with a worship area in the lower level. On the
second floor, there is a large classroom, and they want to create a larger auditorium. Otherwise, it
is all classrooms, computer labs, art labs, kitchen/eating area. Those are all generally on the first
floor. As far as the auditorium is concerned and how they phase things, in 2022 they didn’t have
a lot of choices. They didn’t want to appeal city staff’s decisions, they needed staff’s help
otherwise the students would have lost their school.
Mr. Daniel stated the conditional use is phrased as either new permit or amending the permit.
This is a fallback. They are asking for a text amendment. Schools are only allowed on the block
with the Little Bulgarian School. They are hoping the City will add schools to the permitted uses
on this block. They anticipate building up over time. All these numbers are dependent on
permitting, life safety, etc. These numbers on the screen are permit issues that we are dealing
with. Those are estimations. They may not get to 233, but it might be 228. It depends on how
permitting goes.
He stated the text amendment is common sense. A lot of schools have a pre-k and a kindergarten
program. In the code we propose that you add specifically that language – that if they have an
elementary school, they can operate pre-k and K in the same place. Right now, ICCD operates
pre-K, K and 1-8. That is the text amendment. They changed “located on” to “frontage”. The
amendment is consistent with the comprehensive plan. They have reached out to a consultant that
showed there is a vacancy rate of 22% for certain office types in this area. This is an office
building. This building is Class A Office but once rehabbed it probably falls into the Class B
category. The occupancy in Class B are greater and the sublets are less available.
Mr. Daniels said the office use is slow to recover. The petitioner views this case as a way to get
folks downtown. You can expect a good number of families to use downtown associated with
this school. The C-5 and R-4 districts are focused on multifamily residential. They have
townhomes directly to the south and the other side of the street. They have condos and
apartments in every direction. It makes sense to have supportive uses in C-5. Some of the kids
will want to go to a private school and it makes sense as a supportive use for those residents.
Typically, you try to locate schools on collectors or arterials. In the past in planning, in a
subdivision, you would take land for a school. Because all the land is built up, that doesn’t
happen often, larger schools can be on arterials and smaller schools on collectors. Lee St is an
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important arterial in town and Prairie Ave is a collector. As far as the amendment is concerned,
the amendment is reflective of the use that has been there since 2010. There is a collection of
uses downtown that include a lot of institutional uses. They have a history of schools across the
street with St. Mary’s. St. Mary’s Church is still there. At the bottom of the map [referring to
slide] Plato Academy moved. Little Bulgarian School is nearby, as well as the history center and
the library. This area is used to this type of traffic during the day. Those big parking lots are for
people to park downtown. Some of the surface parking is under private ownership too.
Mr. Daniels stated as far as trends in the area, you have your retail situated along the Metra line,
with service uses along Lee St. They are not interrupting a service corridor –Lexington
Townhouses and the bank are neighbors (they have been terrific to work with for our applicant).
This is a good adaptive re-use of a building, even if it was a new school today. To the extent the
students use the library, they have end of the day classes where one class is engaged in library
enrichment and that supports the property value. More traffic leads to more service traffic in the
area. Those greater ADTs are supportive of retail uses.
Mr. Daniel stated that this text amendment is responsible planning – it is still a conditional use.
You evaluate each case on its merits. They are at the end of the block, not technically defined as
a through or corner lot, but it looks like both. They fall through some cracks in the definition of
code, but they are at the end of the block. It might be a different story if we were not at the end of
the block or closer to Little Bulgarian. That is the core responsibility of keeping this use as a
conditional use with this text amendment. Schools are one of the most important assets in Des
Plaines.
Mr. Daniel said they use the “up to 233 number” for students, but Allen (building official) will
have a big say in that. In terms of occupancy, they are aiming for use of the entire building.
Parking modifications they are looking at are fairly minimal. The handicap parking is outdated
and oversized. They can increase parking to 42 spaces, we have 38 right now. They would re-
stripe the lot. The plan in the packet shows a landscape island in the middle of the parking lot
between two rows of parking. With respect to the landscape island, we would like to stripe that
first. If staff demands landscape on the island, they will do that. We will have phasing of
modifications to the building over time. Ultimately, they will have a larger auditorium. The main
entrance – there will be a slight change here. They will not be using the entrance at all. The Lee
St entrance will be the accessible route to the building; appropriate plans will be made for that. If
there is an accessibility challenge, they believe most parents will take them through the opposite
side of the building. For the conditional use for the school and assembly – they will not be
operating simultaneous. If school is in progress, you will not have commercial district assembly.
The assembly use is different from the school and will not operate simultaneously.
He touched on the student loading areas. There are notes in the staff report too. The bank has
been a great neighbor, they have used the parking for non-bank hour parking. They confirmed
with Old National that they still have the relationship to use it during non-banking hours. The
fifth request is asking to waive the collective parking agreement. It is a large property, capable of
further development. Their plans show they can load and unload and park in full compliance
with the ordinance. With the morning and afternoon loading, we will satisfy the code standards.
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The most common use of Old National will be during Ramadan, the 30-day period that gets
earlier and earlier every year per the calendar. Iftar is the dinner that breaks fast; these events can
occur with the school or outside people. You can have people worship in the basement and
people like me who will remain in the auditorium and not pray. That would be the most intensive
use. That goes from 6:30 to 10:30. It is later in the summer months and ends earlier in the winter
months (it is timed by the sunset).
Mr. Daniels stated as far as the use of Old Second, the school has already had assembly uses
where they have used the lot and worked well. However, they meet the parking requirements and
do not need the collective parking requirements, but they wanted to put this in just in case we
come up shy with the parking requirements. There is a direct route through the bank parking lot
to the building. It extends along the dumpster in the plan. As far as the conditional use standards
are concerned, there are two bases: the first is the 2010 ordinance, possibly being amended. For
more clarity, they think we could have a new conditional use. The other conditional use is the
assembly use. They are in the position where they would meet higher density needs downtown.
You talk about the importance of institutions in the comprehensive plan. The older churches are
all included in the comprehensive plan and all these private schools in the area do contribute too.
He stated there is history of schools here, with Plato in this location and in the last year with us
in this building. They did use KLOA to do projections/traffic although they have not had issues.
Center Street is either residential or institutional. You do have a rear exit for Old National and a
small house that might be used for business on Center Street, but it is similar to streets near
Elmhurst, on the right a public school and the left a private school. I asked staff to ask the police
department to help with street drop offs. The street is not that busy for drop offs. The police and
KLOA agreed that drop off should be done on site instead. They can pull in all the traffic from
center and have a wide enough drive aisle and load vehicles into the property and have the
students exit the vehicles according to a loading plan. Certainly, they can handle a large amount
of traffic with three lanes and capacity on Prairie. Approaching the school is one lane, expanding
to two towards the library.
Mr. Daniels said you could have between 60-200 people based on occupancies, but there is a
difference between building and zoning. For school assembly, nothing out of the ordinary. He
said he is Catholic, he went to a Catholic middle school, we worshipped and prayed in the
school. It is no different here, but it is on different floors. He mentioned the ADA route. There is
a clothes donation box they would like to keep open for the safety of donations and not enclose
with the dumpster. In the top right, they note no use of Prairie (referring to site plan on slide).
They have a deferred landscape curb that we will install once staff have told us to do it. They
want to first get a handle of student loading before landscaping. For student loading we do want
to meet with staff and the police annually, so they know our plan and ebb and flow.
The pole sign was mentioned – down the road, it will be a monument sign. Old National has a
monument on its building. They would not want to put it on our driveway. There was a parking
space that we eliminated during planning, to aid pedestrian traffic. They have the option for a
right in/right out if needed.
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Mr. Daniel discussed the hours of the day – Uses will not be simultaneous for the school and
worship. The prayer will generally be between 12:30 and 2:30. The school closes for an hour
before this prayer happens because they need time for people to get into the building. Classes
would end and there would not be an after-school program. He mentioned Iftar during Ramadan.
As far as the hours during the day, these are estimated. For the purposes of this hearing, they are
showing they can handle student loading without relying on Old National. Our analysis is only
based on our property – right in, right out and two lanes with 20 ft vehicles. When preparing this
slide, he used what he learned in facility planning. They say you should unload in groups of 3.
KLOA says it might be easier to load in 6-7. They can fit 6-7 in the lot, have those pull out, and
pull the next 6-7 in. They have 11 cars behind the 6 or 7 actively loading. 6-7 come in, children
exit the vehicle, once they are clear, the students pull out. They can be directed to a “reserve
space” if needed. Any spaced with a D is s drop space [referring to site plan on screen]
He explained how they stick with the 2-3 minute drop off. If half the kids are released at one
time and not another, how do we guarantee parents arrive at the same time? There are apps on
your phone where ICCD can at any given moment tell the parent when to pick up their child. The
parents then come in at that time. If you have children in the same grade, one is in the later
grade, you can load them all in the cars. Right now, they park in the spaces and take the kids out.
They will not be doing that with the 200 students. This is handled by teachers and volunteers.
Where do they park? The E spaces. A lot of the teachers and volunteers have kids at the school.
The table here is an interval for the 6-7 cars [referring to slide]. During the noon period, people
may be able to park on site. In the afternoon drop off, it is not a peak hour, and it is 50 minutes in
the worst-case scenario.
Mark Daniel said they don’t share plans too publicly of schools, they are on file with staff. The
auditorium is on this slide [Phased Auditorium Expansion Slide]. The capacity of 233 is based on
this whole area being an auditorium and not classroom space. We are setting a cap for the
analysis. The other assembly space is in the lower level. There are a few numbers there, 52 and
142 [worship and reflection slide]. The use of the area – there are bookcases along the back wall.
We anticipate 145-165 people, even though the building occupancy is higher. There is no food or
service in this area. People worshiping would move upstairs, this area downstairs is only for
reflection. It is a more passive use. The basic standards for conditional use – there is no
disturbance from a school in this area. You might see students walking to the library, but there
are crosswalks and sidewalks to this area. No demand on public services. They will not interfere
with the PACE bus stop. No offensive activities. This was planned for these uses from a parking
perspective. The office use can generate traffic and parking demand. You can see the stacking
and movement. They are getting cars off the street where no traffic will be blocked.
He stated they are preserving the building because they are asking for variations for the existing
building. The 42 parking spaces is more than the school and assembly uses. He makes the note
here that if you are willing to allow us to stripe the landscape island in the parking lot, they will
install when the city demands it. They need to re-stripe to get to 42 spaces.
He said for the conditional use for a commercial district assembly, there is not much difference in
the styles of assembly. [Reading the Conditional Sue for Commercial District Assembly Slide]. A
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lot of the same planning occurs that is discussed with the school. Nothing hazardous. Similar
conclusions to the school. For the record – they would like the school conditional use to run with
the land. For the commercial district assembly, they are planning and contemplating where it will
occur; they are ok with this running with the school because the new use could have a different
type of assembly use. The Islamic Community Center is something many people from this
school belong to; this is not a replacement for the mosque. Please note the Iftar timeframe
towards the end – people start to leave around 9:30. 10:30 is when it ends. The time it is most
busy is summer solstice.
KLOA is not here tonight to speak, but they will continue working with the petitioner. If they did
not get approval by council, they will get an agreement from Old National to get a collective
parking agreement and talk about daytime loading and unloading. KLOA will help with that, and
they will help with the student loading plan. They use a lot of care in our student loading.
Everyone has a radio. Teachers and students advance based on the time in that app. Teachers
check students in and out, it is a very meticulous careful process. You have intervals where you
have these cars coming in. These are accounted for by groups of classes. PreK and K come in
first.
On the variations sought, it is similar. They ask you to preserve what they have. There is
hardship with the existing building. They did not plan the site. Prairie was widened after the
building was constructed and that is why they are short on setbacks and landscaping. They have
multiple front yards, but the code will not define it as a through lot because it is offset. Existing
conditions are what we are dealing with. They are not increasing the non-conformity in any
respect.
Jose is the architect and will answer any questions. It is important to note the one issue staff will
discuss during permitting is the dumpster location. In this photo [on screen] where the cement
pad is to the entrance of the property, that is where the dumpsters are now (unscreened). The
dumpster in the plan they are proposing is going to be about midway along the parking spaces
[on screen]. The relocation south will not be an issue for any reviewer of the plan for substantial
conformity.
He has worked with the applicant continuously since April and in July, August, September. The
building is a good building for a school of this sort and capable of interior remodeling.
Something to remember about schools – children don’t forget the area they went to school; they
remember all the locations and when they are older, they go back even if they are in a different
location. It puts downtown in the minds of hundreds of students over the years. I am happy to
answer questions.
Mr. Syed, Petitioner stated they need to use the entire building and they want to work with the
city to have a good relationship and make this happen.
John Carlisle, CED Director, gave the staff report. He explained that the petitioners, ICCDA, is
requesting to amend Section 12-7-3.K of the Zoning Ordinance, specifically the Commercial
Districts Use Matrix. Currently in the C-5 District, conditional use permits allow private schools
only in the 800 block of Lee Street (currently the Little Bulgarian School/Center is in this block).
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This limitation was established in June 2018 (Ordinance Z-17-18). The requested text
amendment would extend the possibility of private schools to the 700 block of Lee Street, but a
conditional use would still be required, which means the PZB would hear, and review and the
City Council would have to approve any request for such school. Mr. Carlisle went over the
Location and Map including Lot Area, Previous and Existing Owners and the Building Exterior.
He explained the Site Photos with her proposed Textament. He explained the Site Plan including
trash enclosure, parking plan and landscape island. He explained the Existing Aerial and Parking
Requirements. Mr. Carlisle explained Principal and Accessory Uses for the property. There is
also a Primary Principal use which is the school and a Secondary Principal Use which is the
Assembly and an Accessory Use which is for religious functions related to the school. He
discussed Commercially Zoned Assembly, maximum occupancy and parking requirements.
Mr. Carlisle discussed the Four Recommended Conditions of Approval for the
CONDITIONAL USE / AMENDED CONDITIONAL USE FOR PRIVATE SCHOOL
1. Notwithstanding the desired maximum number of users, the occupancy load for the
building and all rooms utilized by the use shall not exceed the maximum set by the
Fire Department and Chief Building Official. This maximum may be increased only
through permitted construction and alterations; provided, however, the total attendees
shall not exceed the numerical limit set through this conditional use approval. Every
room or space that is an assembly occupancy shall have the occupant load of that
room or space posted in a conspicuous location, near an exit.
2. The petitioner shall complete the parking lot restriping and landscape project shown
on the site plan within 12 months of approval.
3. No on-site food service shall occur unless a code-compliant commercial-grade
kitchen were to be installed.
4. Any building or use expansion shall require the Petitioner to obtain a conditional use
amendment.
Mr. Carlisle discussed the six Recommended Conditions of Approval for the
CONDITIONAL USE FOR COMMERCIALLY ZONED ASSEMBLY
1. Notwithstanding the desired maximum number of users, the occupancy load for the
building and all rooms utilized by the use shall not exceed the maximum set by the
Fire Department and Chief Building Official. This maximum may be increased only
through permitted construction and alterations; provided, however, the total attendees
shall not exceed the numerical limit set through this conditional use approval.
2. Commercially zoned assembly activities, or those worship activities not accessory to
the private school, shall occur at different times.
3. The petitioner shall complete the parking lot restriping and landscape project shown
on the site plan within 12 months of approval.
4. No on-site food service shall occur unless a code-compliant commercial-grade
kitchen were to be installed.
5. Any building or use expansion shall require the Petitioner to obtain a conditional use
amendment.
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6. The petitioner will publicize on its website and actively distribute to its audience a
map of nearby public parking garages, with summary instructions and directions on
how to access and any hourly or time restrictions.
Chair Szabo asked how many spaces are the Welkin development and the library?
John Carlisle stated he believe the Welkin is 79, but is not certain, and he is not sure recollect
about the library. I
Member Saltenik asked the petitioner about the motivation for the landscaping variation. Why
not put in the landscape buffer in the parking area?
Mark Daniel stated the history with parking in the property is that parents would park in the
spaces and pull through. They have the circulation plan, but it will allow the school to have some
flexibility to figure out how the site flows and provide the option to discuss.
Member Saletnik asked if there is still a lack of confidence about the current scheme working,
then why do they want to have flexibility to change it? Why the reluctance?
Mark Daniel stated they don’t have a problem installing it, that is not the issue. They will not
have enough demand for a few years that would require that.
Member Weaver said I am very happy with the plan for the building. I am certainly fine with
having the Islamic School there. You put a lot of thought in how to make it work and the growth
plan. However, one thing bothers him and maybe this comes from the City. In a number of
number of materials there is a discussion about people in this high-density urban development
walking places. Some portion of the students will walk to the location. Yet, Member Weaver
finds this plan, which he sees over and over again in suburban planning, is really hostile to
pedestrians and walking. The only place you can safely walk in this area are the city sidewalks of
Center St, Prairie Ave, Lee St, and that one green stripe you have. If you look at the Old National
Site, you have to walk through parking and traffic to go into the bank. The whole bank is
centered on the parking lot. They have a door on Lee St, but they have blocked the door. You are
supposed to walk through this. Adults going to the bank, no big deal and hope we don’t get hit.
Here, we are dealing with children. The site is devoid of places to walk. There is no connection
to Center St. If someone drops their kids off on Center St or Prairie, they have to walk through
the vehicular entrance to the parking areas. It seems really hostile to pedestrian movement, not
terribly safe, and we think that the problem is that cars are the solution and use a Spot Hero plan
for loading/unloading. You are assuming in our suburban downtown that you have to drive. This
is not limited to your plan. There is a lot of good thought done with this, he wishes the school
well, but we are guaranteeing no one will walk. Member Weaver is disturbed by that and maybe
that is the direction the City points people to.
Mark Daniel stated for zoning purposes, they want to show they can take in all the traffic. They
don’t talk about our 25% walking. In the submittal, you will see the table with far fewer vehicles
coming in the morning and afternoon periods. That relies on 50% have multiple children in the
family, 25% walking. For the purposes of zoning, they had to show it could handle traffic
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without creating a nuisance. I understand the walkability concern. He stated, in our experience,
the parents pay attention to the app. I can’t tell you it will pour rain one afternoon and everyone
needs a car. You have the worst-case scenario presented. They are showing what would happen if
they were all driving.
Member Weaver said the accessible path, you have people going through the back door to the
school. The entrance is in the back, theoretically, if you had a wheelchair, you would have to go
through the front. Over time, the school will find they need to lock the door because they can’t
monitor it.
Mark Daniel stated that it has to be monitored. It must be open by federal law.
Member Weaver asked - Is that a paid employee or a volunteer?
Mark Daniel said there is a collection of administrative office people and volunteers.
Mr. Syed stated they have an armed security guard on site, and he will monitor the building.
Member Weaver said this is the high price of making people arrive with cars in the back. It is
unfortunate. Shopping centers are also very hostile to pedestrians.
Mark Daniel stated they have a walking aisle on two sides of the parking lot.
Member Weaver said I do think the City ordinance drives you to do this. I don’t see a way out of
this. You are using every sq ft for vehicular circulation. How would the sidewalk at the top
connect to Center Street? There is the most minimum space for walking. It solves your required
minimums; the result of the required minimums is that you end up with almost no pedestrian
space.
Mark Daniel: There is a city improvement along the Center Street lot line that is pretty thick.
Member Weaver said you have a retaining wall there.
John Carlisle stated the petitioner amended their floor plans with the Lee Street to make it the
accessible route to public transportation. You may want to ask the petitioner how the walkers are
arriving on foot. They might cross Lee Street to get to that door.
Chair Szabo asked where the retaining wall on Center Street is? And asked if they could put a cut
in there somewhere and have a stair go up where the residence used to be with the former bike
shop.
Mark Daniel stated that if you look at the main entrance and the gym – the gym extends on the
east side of the building. If you exit going westbound, there is a doorway going to the sidewalk,
door 2 and 3.
Member Weaver stated that it has a huge, sloped step and concrete. And that is definitely not an
accessible route.
Mark Daniel said it has to be the shortest route to the bus station.
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Member Weaver stated chances are since you don’t have high school students, no one is getting
off a PACE bus, but some people with limitations to their walking abilities could potentially
come through that side. There is a lot of difficulty getting to the back of the building, whether
crossing Lee Street, the parking lot, the Old National Bank. There is no way for someone with
mobility impairments to get them in.
Mark Daniel stated the requirement would be that it needs to be a level grade. The access issue -
we wanted to avoid impact to that bus stop. The standards do avoid having us change Lee Street.
As we sit with Staff and the Police Department, we can have a parent monitor the Lee Street
entrance. The parents can monitor that doorway. We are trying to show that we can meet the
standard.
Member Weaver said I don’t see a way to accomplish walkability for this project. I don’t want to
vote it down for that. I am disappointed in a lot of places approach to walkability. I have no
problems with the school. I think the walkability here is poor and a lot of poor walkability in Des
Plaines.
Chair Szabo stated I think it is important to voice your concerns in the record. Any other
questions from the board? Anyone in the audience with questions or in favor or objecting. Can I
see a show of hands for people objecting? [no hands]
Chair Szabo swore in Daniel Cartalucca, neighbor of the property. He said we are the little
triangular building on the corner. We are able to get that re-zoned in the past for the residential
use. Tom Weaver and Mr. Cartalucca discussed walkability in the area. We live next door to the
building and have since 1993. That greyed out corner on the site plan would be a perfect location
for a cut in the wall and make stairs to where Prairie meets Center, with the landscape area there.
There used to be a bus bench there and people would use that to step into the parking lot. There
is already an existing sidewalk along that building to that location. If they did a staircase there, it
would allow people to come from the library rather than walk toward the vehicular entrance. It
seems like that would be a logical place. We watched the old brick veneer crumble for a few
years, that wall could be dodgy, but it would be a good location for the stairs. We are neighbors
of this project and the previous Plato Academy and we are in favor.
Mr. Paeja, Architect for the project stated looking at the area, from the paving it leads to the
sidewalk. No pedestrian would be crossing vehicular traffic if that was done. We want anyone
who needs to use the ramp to not have to go through the building to leave. That is a way to have
people access the street without having them transverse traffic, but that is on city property.
Chair Szabo stated that if the owner is in favor, that would be a big plus.
Daniel Cartalucca: Plato was there, the kids would use the library and playground and would
climb that wall. It would be safer to have that here.
Chair Szabo swore in Azif Hussain. He stated I am in favor of the school and the mosque, but
with a few exceptions. Security is extremely bad. My three kids went to the school last year. I
have given $50,000 to the school myself. I am very disappointed. Before they make a plan for
the mosque, they must have a good security program. Anyone can go to the basement. Doors are
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locked all the time upstairs. There is no security often at the site and it is a dangerous situation.
The owner of the building has sent me an email about how this would be unsafe, he offers to
send the email to the board. You can go anywhere in the building. I have asked several times for
a security officer.
There are many issues with the parking lot besides security. He is in favor of the school and
mosque with security improvements, with a separate door from the mosque so no one can enter
from school to mosque, mosque to school. Many members of the school agreed it is a safety
concern and no one has done anything about it. I can take a camera and show you that you can
go anywhere in the building.
Chair Szabo stated a possible solution for security might be some kind of closed-circuit camera
system to see who is coming and going even if they are not at their posts. That is something the
petitioner can discuss with the City.
Mr. Hussain stated I believe there should be a separate entrance for the mosque and the school. It
could be a dangerous situation and it needs to be addressed before the school can be in the same
building as the mosque.
Chair Szabo swore in Irfan Mohammed. He stated that he is one of the founders of the school.
As a board member and parent, we cannot compromise. We are new and we are not sure how to
get into the Des Plaines system. We have security doors and alarms and have cameras. We are
still figuring out how to make it one entrance/exit and be reasonable to everyone. He is glad you
have opened the Prairie entrance. School is segregated from walkers. We haven’t seen anyone
come without our permission. The school knows who is coming and going, everyone must have
an appointment to come into the building. That is the policy. Door 2 and 3, it is possible to
separate entrances/exits to the school and mosque.
Mr. Daniel stated they have a computerized door and have a camera already installed. They have
a prayer hall open to the public and for the school. There is always room to improve and they are
enforcing security with a security guard. The school is planning to have new security for next
year.
Mark Daniel wanted to note for the record that they had no problem with conditions recommend
by staff.
1065 Lee Street Conditional Use 23-035-CU
733 Lee Street Text Amendment/Conditional Use/Variation 23-036-TA-CU-V
39
A motion was made by Board Member Weaver, seconded by Board Member Hofherr to
recommend that the City Council the changes to the Text Amendment that involve the 700
Block of Lee Street as drafted by staff.
AYES: Weaver, Hofherr, Saletnik, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY **
A motion was made by Board Member Weaver, seconded by Board Member Hofherr to
recommend that the City Council amend the Conditional Use Permit for the Private
School Use with the four recommend conditions of approval drafted by staff.
AYES: Weaver, Hofherr, Saletnik, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY **
A motion was made by Board Member Weaver, seconded by Board Member Hofherr to
recommend that the City Council approves the Conditional Use for the Commercially
Zoned Assembly with the six conditions of approval drafted by staff.
AYES: Weaver, Hofherr, Saletnik, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY **
A motion was made by Board Member Weaver, seconded by Board Member Hofherr to
APPROVE the required minimum side yard on Center Street from five feet to two feet.
AYES: Weaver, Hofherr, Saletnik, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY **
A motion was made by Board Member Weaver, seconded by Board Member Hofherr to
recommend that the City Council approves the five Major Variations involving 12-9-6.d,
12-10-7, 12-10-8.b, 12-11-4.g and 12-11-5.a .
1065 Lee Street Conditional Use 23-035-CU
733 Lee Street Text Amendment/Conditional Use/Variation 23-036-TA-CU-V
40
AYES: Weaver, Hofherr, Saletnik, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIES UNANIMOUSLY **
Member Weaver stated that he left out the major variation for the collective parking agreement.
He encourages ICCD to keep working with the Old National Bank. He thinks it would be great if
you can make good use of all the extra asphalt that is available after hours.
Mark Daniel asked if they could leave that pending and work something out with Old National
Bank, could they avoid a reapplication?
John Carlisle stated that the board has made their motion and City Council can make other
recommendations.
Chair Szabo asked that minutes include the recommendation in this meeting to add a walkway
off Center Street at the corner of Prairie and Center., so they can utilize the sidewalk that runs
behind 1445 Prairie Avenue. Strongly recommended.
ADJOURNMENT
The next scheduled Planning & Zoning Board meeting is Tuesday July 25, 2023.
Chairman Szabo adjourned the meeting by voice vote at 9:10 p.m.
Sincerely,
Margie Mosele, Executive Assistant/Recording Secretary
cc: City Officials, Aldermen, Planning & Zoning Board, Petitioners