MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, December 17, :00 PM Civic Center, 2100 Ridge Avenue, Council Chambers

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1 MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, December 17, :00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Mary Beth Berns, Clara Wineberg, Andrew Gallimore Members Absent: Beth McLennan, Violetta Cullen, Scott Gingold Staff Present: Melissa Klotz, Mark Muenzer, Michelle Masoncup, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the November 19, 2013 meeting were motioned for approval by Ms. Berns and seconded by Ms. Wineberg. The motion was approved 3-0 with one abstention. New Business 115 Dempster Street ZBA 13ZMJV-0112 John Henderson, property owner, applies for major zoning relief to construct an attached 3-car one-story garage. The applicant requests a west side yard setback of.5 where 5 is required (Zoning Code Section A-3), and a rear yard setback of.5 where 30 is required (Zoning Code Section A-4). The is the determining body for this case. Chris Meekus, property owners, architect, presented the case: Existing house and garage are legally non-conforming The case received unanimous approval from the Preservation Commission There is no other viable location for the garage The case received unanimous approval from SPAARC All neighbors have written in support of the project Chair. Rodgers noted that there is no rear yard and asked why the applicant wished to construct a 3-car garage to replace a 2.5-car garage. Mr. Henderson explained that the garage needs to be wider to allow for car doors and expanded for a tandem third car. Ms. Berns asked why the applicant wished to move the garage to the east. In response, Mr. Henderson said the garage needs to be 3.5 longer to fit the third luxury vehicle. Chair Rodgers wondered if the change to a third car was the minimum change necessary. Ms. Wineberg suggested that since the property is large and historic property there is a unique situation. Chair Rodgers asked if there was driveway space available for temporary parking for a third space. The answer was there is no space on the property and the garage could not be moved south because of a large elm tree. Page 1 of 6

2 The Zoning Board then entered into deliberations: Ms. Wineberg suggested this was not an unreasonable request given the unique historic nature of the property and the location of the existing house. Mr. Gallimore agreed. Ms. Berns offered that she was not sure the application reflected the minimum change necessary but understood why the desire for space for a third car. Chair Rodgers reiterated that there is no additional parking on the site. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes Ms. Berns motioned to approve the proposal with the condition that the resulting construction substantially comply with the documents and testimony on record. Mr. Gallimore seconded. The motion passed Howard Street ZBA 13ZMJV-0111 Kelly Roberts, lessee, applies for a special use permit for a Type 2 Restaurant, Harold s Chicken Shack, at 337 Howard Street. 337 Howard Street is located in the B3 Business District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section ). The makes a recommendation to City Council, the determining body for this case. Ms. Roberts, lessee, explained the proposal: Harold s Chicken Shack is a franchise with approximately 60 locations in the Chicago area The previous use of this property was as a phone store. Prior to that, a restaurant occupied the space She was not aware a Special Use Permit was needed She was unaware that her General Contractor had begun work prior to obtaining permits and has corrected this activity Most of the interior improvements needed are already existing or newly constructed The restaurant will include 10 seats for dine-in customers 90% of the business will be takeout There will be 6 employees working per shift There is no on-site parking; however, public transportation is very close and off-street parking is available at the CTA and the Dominick s parking lot A dumpster is in the alley The restaurant will receive deliveries 3X per week through the alley She plans to adhere to the Litter Collection Plan The restaurant will be open 11AM 10PM except Sundays. On Sundays the restaurant will close at 8 PM. Chair Rodgers suggested that the maximum hours of operation be set from 10AM 10PM as a condition of operation. The applicant noted that currently the grease vents out the back door but this may be changed to an indoor trap with a hood that goes to the roof. She also noted that she Page 2 of 6

3 intends to improve the dilapidated windows but does not intend to paint the exterior of the building. Audience member Harry Major, a building owner who has previously rented to a Harold s Chicken Shack franchisee in South Holland spoke in favor of the proposal. Ms. Roberts noted that she trained that franchisee. The Zoning Board then entered into deliberations: Ms. Wineberg suggested that a new business on Howard Street would be beneficial for the area. Ms. Berns and Mr. Gallimore agreed. Chair Rodgers added his hopes that the use increases property values. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes Ms. Berns motioned to approve the request with three conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 10:00 PM 3. Project must be in substantial compliance with the documents and testimony on record Ms. Wineberg seconded the motion. The motion carried by a vote of Noyes Street ZBA 13ZMJV-0118 DMK Ventures-Noyes Street LLC, lessee, applies for a special use permit for a Type 2 Restaurant, DMK Burger & Fish, at 815 Noyes Street. 815 Noyes Street is located in the B1 Business District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section ). The makes a recommendation to City Council, the determining body for this case. David Morton, applicant, presented the proposal: Mr. Morton owns DMK Restaurants. DMK Restaurants operates 6 restaurants in Chicagoland. All are full service with the exception of a location inside Soldiers Field The restaurant at 815 Noyes will include seating for 25 patrons 6 employees will work per shift The restaurant will be open 10AM 10PM daily Some parking is available in the rear alley, by the CTA station Deliveries via the alley are expected 2X-3X per week He is able to adhere to the Litter Collection Plan Garbage pickup will occur 2X-3X per week via the alley Other than changing the awning, no changes will be made to the exterior Page 3 of 6

4 Harry Major, property owner, made one suggestion and one correction to the previous testimony: Request for expanded hours to 12AM or 2AM because of the restaurant s proximity to Northwestern University and because no residences are immediately nearby. Deliveries will be made from Noyes Court, it is not an alley The Zoning Board entered into deliberations: Mr. Gallimore noted support for the proposal. Ms. Berns added that it will be great and add traffic to the area. Ms. Wineberg agreed. In response to a question about the hours, Ms. Klotz noted that Ice & A Slice, located nearby, was approved to remain open until 12:00 AM with deliveries until 1:00 AM on weekends. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns made a motion to approve the proposal with four conditions: 1. Applicant must abide by Litter Collection Plan and Litter Pick-Up Plan 2. Hours to be between 10:00 AM and 12:00 AM 3. Employees must park in the rear of the property 4. Project must be in substantial compliance with the documents and testimony on record The motion was seconded by Ms. Wineberg and approved by a vote of Oak Avenue ZBA 13ZMJV-0119 Yosef Meystel, property owner, and Fred Frankel, attorney, apply for a special use permit for a Retirement Home, Evanston Nursing Home, and major zoning relief for a one-story addition at 1300 Oak Avenue Oak Avenue is located in the R5 General Residential District, which requires a special use permit for the expansion of a legally-nonconforming use (Zoning Code Section ). The applicants request 69.5% building lot coverage where a maximum 45% is allowed (Zoning Code Section ), 85% impervious surface coverage where a maximum 60% is allowed (Zoning Code Section A), and a front yard setback of 8 where 27 is required (Zoning Code Section A-1). The makes a recommendation to City Council, the determining body for this case. Jon Lindstrom, architect, presented the proposal: The property receives a life-safety citation each year because the porch is made of wood. The owners want to reconstruct the porch using new masonry and stone on the existing foundation. A new, more inviting entrance is needed. It needs to be closer to the property line to allow space for the new vestibule entrance. The porch will become an expanded dining area. The existing ramp along the south side of the building will continue to be used Page 4 of 6

5 Yosef Meystel added to the testimony: The Evanston Nursing Home is a skilled nursing facility. Handicap accessibility will continue to be located off of Dempster. Ms. Wineberg noted the new vestibule entrance may need to be bigger in order to be compliant with code. Mr. Lindstrom added that new landscaping is planned as there is little landscaping currently. Steve Sussholtz added to the testimony: The existing porch is heated and has A/C and is one-story. The existing entrance is odd and you have to go downstairs to get to the receptionist. Materials will match the current façade. Chair Rodgers noted the plans indicated a 3% increase to the building lot coverage and impervious surface coverage. Ms. Berns asked if there was a way to mitigate the increase to impervious surface coverage. Mr. Sussholtz noted that the front walk is very small already. Chair Rodgers added that increased landscaping will mitigate the addition to impervious surface coverage. The Zoning Board entered into deliberations: Ms. Berns noted that she would agree with the rebuilding of the enclosed porch because it is currently fully enclosed. She also saw a need for the vestibule entrance. She would like to see permeable pavers wherever possible. Ms. Wineberg agreed. Chair Rodgers added that matching materials and new landscaping will improve the property. The Standards for a Special Use Permit were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes The Standards for a Variance were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Chair Rodgers asked the applicants to make a good faith effort to reduce impermeability wherever possible. 1. Ms. Berns motioned to approve the Special Use Permit and the Building Lot Coverage, Impervious Surface Coverage and 8 front yard setback variances on the condition that Page 5 of 6

6 the project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Wineberg and approved by a vote of 4-0. The meeting was adjourned at 8:50 PM. Respectfully Submitted, Melissa Klotz Zoning Division, Community Development Department Page 6 of 6