Submitted By
Zoning Board of Appeals through Tammie Grossman, Development Customer Services Director
Reviewed By
A.M. Zayyad
Agenda Item Title
Title
Concur with the Zoning Board of Appeals’ Recommendation and Adopt an Ordinance Granting a Special Use Permit to Operate a Vehicle Repair-Minor Business at 6212 Roosevelt Road
End
Overview
Overview
The Applicant BM Custom LLC seeks to operate a vehicle repair/service business for custom interior installations pursuant to Section 8.3 of the Oak Park Zoning Ordinance. See follow-up memorandum attached.
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Recommendation
Recommendation
The Zoning Board of Appeals recommends approval of the Application.
Body
Staff Recommendation
Village staff does not support the recommendation from the Zoning Board of Appeals or the application. Initially, staff supported the use of the subject property, and still believes it is an appropriate use. However, staff has received several complaints regarding the applicant conducting business without a business license, after being advised that the applicant needed to obtain a special use approval before beginning operations, and creating a nuisance in the area. The business owner was previously cited by the Village for operating a business without a business license. There were excessive noise concerns in the area as well. The business owner was taken to adjudication by the Village in July, but the case was continued to September 22, 2022, to allow the operator to process his special use application. In July the business owner was advised that no work could occur at the property until after the special use hearing. At the September 22, 2022 hearing, the business owner did not appear. Therefore, a default judgment was entered for fines of $250. Most recently on September 21, 2022, a resident submitted a photograph of the business owner working on a car parked in the alley between the commercial area and residential neighborhood. Based on the complaint, the business owner was cited once again for operating a business without a business license.
FOLLOW UP from October 17, 2022 Village Board Meeting: Staff has prepared a memorandum relative to requested follow up information from the Village Board. The Memorandum is attached to this agenda Item.
Fiscal Impact
Publication cost of $308.00 Acct # 1001 46202 101 550652
Background
The Subject Property is located within the RR Roosevelt Road Form-Based District. The lot is located on the north side of Roosevelt Road between Harvey Avenue to the west and Lombard Street to the east. The lot is improved with a mixed-use building formally known as Associated Tire and Battery. The Applicant seeks to operate BM Custom at the property located at 6212 Roosevelt Road. The existing tenant space would be used as a custom interior vehicle shop that focuses primarily on renewing and customizing interior upholstery, center consoles, and flow panels.
A vehicle repair/service - minor is defined in the Zoning Ordinance as follows:
“Vehicle Repair - Minor. A business that provides services in minor repairs to motor vehicles, motorcycles, and all-terrain vehicles (ATV) vehicles, including repair or replacement of cooling, electrical, fuel, and exhaust systems, brake adjustments, replacement tires, realigning and repairs, wheel servicing, alignment and balancing, repair and replacement of shock absorbers, and replacement or adjustment of mufflers and tailpipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like”.
Alternatives
Deny the Application.
Approve the Application with conditions.
Previous Board Action
The Village Board tabled this agenda item at their October 17, 2022 meeting seeking additional information relative to neighborhood complaints regarding the subject business and building on Roosevelt Road at Lombard Avenue.
Citizen Advisory Commission Action
The Zoning Board of appeals held a public hearing on September 7, 2022. Thirteen letters in opposition were read into the record of the proceedings. Two persons testified in opposition. The letters and testimony were complaints regarding speeding vehicles in the alley separating the commercial from the residential land uses, loud music, operating without a business license, and late business hours. At the meeting the Applicant, Mr. Storey stated at the hearing that it was not his business that caused the need for complaints. The Zoning Board of Appeals approved the Application and Findings of Fact with a 4-0 vote.
Anticipated Future Actions/Commitments
N/A.
Intergovernmental Cooperation Opportunities
Zoning and land use matters are unique to the Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.