Zoning Board

VILLAGE OF PALATINE VILLAGE HALL - COUNCIL CHAMBERS 200 E. WOOD STREET PALATINE, IL 60067-5339 – (847) 359-9050 http://www.palatine.il.us ZONING BOARD OF APPEALS AGENDA ● JUNE 14, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - May 10, 2022 7:00 PM III. PUBLIC HEARING 1. 102 N. Crescent Avenue - VAR Driveway Expansion Variation to permit a driveway expansion to exceed the maximum allowable driveway width within five (5) feet of the lot line. 2. 587 W. Lake Cook Road - VAR Circular Driveway Variations to permit a residential driveway to be a total of 76.5 feet in width, instead of the maximum permitted 30 feet, and to permit a residential driveway to be 28 feet in width within five (5) feet of the lot line, instead of the maximum permitted 25 feet. 3. 60 W Illinois Avenue Special Use to permit a medical office (Chiropractic Office). IV. COMMUNICATIONS V. ADJOURNMENT VILLAGE OF PALATINE Page 1  2.1 VILLAGE OF PALATINE VILLAGE HALL - COUNCIL CHAMBERS 200 E. WOOD STREET PALATINE, IL 60067-5339 – (847) 359-9050 http://www.palatine.il.us ZONING BOARD OF APPEALS MINUTES ● MAY 10, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER Attendee Name Title Status Arrived Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) Brent Larson Commissioner Absent Cindy Roth-Wurster Commissioner Present Jan Wood Commissioner Present Jerry Luszczak Commissioner Present Theodore McGinn Commissioner Absent Kevin Cavanaugh Commissioner Present John Pirog Commissioner Present II. APPROVAL OF MINUTES 1. Zoning Board of Appeals - Regular Meeting - Apr 12, 2022 7:00 PM - Accepted RESULT: ACCEPTED [UNANIMOUS] MOVER: Jerry Luszczak, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: Larson, McGinn VILLAGE OF PALATINE Page 1 Packet Pg. 2  2.1 Minutes Zoning Board of Appeals May 10, 2022 III. PUBLIC HEARING 1. 1045 E. Lilac Drive - Recommend to Deny Notice was published in the Daily Herald on April 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Variation 2. Proof of Ownership 3. Plans/Elevations Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) 4. Plat of Survey 5. Public Notice Sworn in staff: Mr. Alex Bradshaw and Ms. Lyn Bremanis Mr. Bradshaw gave a brief background of the request explaining the item was initially reviewed at the April 26th Zoning Board of Appeals meeting and was continued to allow the Petitioners and their representative to further review the plan alternatives. Ultimately, the Petitioners submitted a site plan demonstrating a code compliant garage replacement, but requested a 3-year window to construct the garage. As Staff indicated at the last Public Hearing, there is not legal mechanism in which to grant relief from the Code, based upon a future intention to comply through the construction of a replacement garage space. Therefore, Staff’s recommendation to deny is maintained, as Staff does not believe that a hardship exists and there are several Code-compliant alternatives available. Sworn in the petitioner: Ms. Kristen Mendez 1045 Lilac Drive Ms. Mendez explained they currently have an attached one car garage and want to renovate to be a dining /living room. She explained she was unaware of the code requirement for a garage. She spoke to the standards and stated it won’t alter the locality because there are homes in the neighborhood with no garage. She stated she has a list with that includes three in her neighborhood. Ms. Mendez submitted the list into record. She explained they need more space for her family. She spoke to the other standards stating this won’t create a hardship rather improve the property. Ms. Mendez stated they will build a new garage, but don’t have funds currently. She stated this won’t affect the sale of the property because they will have a garage before they sell in the future. She pointed out no neighbors came to oppose the request the first time so she assumes the neighbors are in support. She stated they are asking for relief of the zoning ordinance Ms. Wood submitted list as exhibit #6. Ms. Wood asked how many homes on list are in the immediate neighborhood? Ms. Mendez answered three and the rest in Palatine pointing out they will not be VILLAGE OF PALATINE Page 2 Packet Pg. 3  2.1 Minutes Zoning Board of Appeals May 10, 2022 the only one without a garage Mr. Luszczak asked staff why they are opposed? Mr. Bradshaw explained they are eliminating the required single garage space per code. Ms. Wood asked how long they have owned the house? Ms. Mendez answered since October, 2021. Ms. Wood clarified the request is for more living space. Ms. Mendez answered yes explaining they came from a much larger home in the city so bought with the intention to expand and with the quote it fit perfectly to Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) renovate now. She stated they would rather have more living space than cars garaged. She stated she was unaware of the code at the time of purchase and when speaking to her contractor. Ms. Wood asked what the current square footage is? Ms. Mendez stated currently 1,000 square feet. Ms. Wood asked about layout. Ms. Mendez gave layout including small kitchen, living room, 3 bedrooms and a bath. Ms. Wood stated they knew the size of the home at time of purchase. She asked what their intentions were? Ms. Mendez stated they were outbid on home they wanted and knew they wanted more space and with the bid on this renovation this worked out Mr. Luszczak asked if they will put garage eventually. Ms. Mendez answered yes. Mr. Luszczak asked if the Village could give them time? Mr. Bradshaw explained staff is not able to give requested time extension. Mr. Cavanaugh asked if any delay is acceptable? Mr. Bradshaw explained there is no short term variation. Ms. Wood asked if a shorter extension would be acceptable? Ms. Bremanis explained a building permit is good for one year so it would have to be completed within that time. Mr. Cavanaugh clarified the issue is limited finances. Ms. Mendez answered yes. She asked staff if they consulted the Village Attorney? Mr. Bradshaw explained there is not an ordinance process to allow for an agreement to accomplish what is being proposed. The zoning ordinance contains the parking requirements and there is not a process for the Village Attorney to do otherwise. VILLAGE OF PALATINE Page 3 Packet Pg. 4  2.1 Minutes Zoning Board of Appeals May 10, 2022 Mr. Luszczak asked staff about the properties that don’t have garages. Ms. Bremanis explained they are existing nonconforming either built before code was enforced or annexed in. Ms. Wood asked if this type of request has ever come through? Ms. Bremanis answered no. She stated others have inquired, but once staff indicates the Village does not support they have not followed through with request. Mr. Cavanaugh asked how many live in house? Ms. Mendez answered 4. Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) Mr. Bradshaw stated staff’s recommendation remains the same as the previous zoning board meeting. STAFF RECOMMENDATION: The Petitioners have indicated the need for additional living space within the residence on the Subject Property. The garage to living space conversion would completely eliminate the minimum required one garage parking space, which part of the required parking for single-family dwellings. While Staff understands that total number of parking may still be achieved due to the driveway that extends along the south side of the existing garage, eliminating the garage entirely would not be in character with the surrounding neighborhood. While Staff ultimately understands what the Petitioner wants to accomplish, Staff does not believe that adequate justification for the Variation has been established. While there are other options to accomplish this request, it would involve constructing a detached garage, which is not in the proposed scope of work. Therefore, Staff recommends denial to the Zoning Board of Appeals. If the Zoning Board of Appeals recommends approval, Staff recommends the following conditions: 1. The Variation shall substantially conform to the site plan submitted by the Petitioners, Angel and Kristen Mendez, except as such plans may be changed to conform to Village Codes and Ordinances. There were no further questions. The public hearing was closed. Mr. Luszczak made a motion to approve subject staff’s conditions; seconded by Mr. Cavanaugh DELIBERATIONS: Mr. Luszczak stated he can’t see why it should not pass since they are not expanding the house or lot coverage. He pointed out they have agreed to build garage in a few years and are tight on money. He stated it is their land and their house. VILLAGE OF PALATINE Page 4 Packet Pg. 5  2.1 Minutes Zoning Board of Appeals May 10, 2022 Ms. Wood stated she understands Mr. Luszczak’s point. She spoke to the standards and how they don’t meet them. Mr. Pirog stated he feels for them and doesn’t see any harm but doesn’t think it meets the standards. Ms. Roth-Wurster empathizes with homeowner, but spoke to the standards and the inability to grant extension on garage. Mr. Luszczak stated in the future the monetary value will increase with added square footage and added future garage. Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) Discussion on ability to remodel their home. Mr. Cavanaugh asked if they would have to legally state that a garage is required if they sold before the new garage was constructed. Mr. Bradshaw stated that is not up for discussion explaining the variation is to not have a garage. Discussion on selling without a garage. Ayes: Lusczak Nays: Roth-Wurster, Wood, Cavanaugh, Pirog Motion failed by a vote of 1-4 Mr. Cavanaugh made a motion to deny, subject staff’s conditions; seconded by Ms. Roth-Wurster Ms. Wood summarized that this request was denied by a vote of 4-1. This item will tentatively go to Village Council on June 6, 2022. RESULT: RECOMMEND TO DENY [4 TO 1] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Cavanaugh, Pirog NAYS: Luszczak ABSENT: Larson, McGinn VILLAGE OF PALATINE Page 5 Packet Pg. 6  2.1 Minutes Zoning Board of Appeals May 10, 2022 2. 1463 W. Winnetka Street - Recommended to Approve Notice was published in the Daily Herald on April 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use 2. Proof of Ownership 3. Site Plan 4. Plat of Survey 5. Neighbor Consent forms Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) 6. Sample Fence Elevation 7. Public Notice Sworn in the petitioner: Mr. Simon Hill 1463 W. Winnetka Street Mr. Hill explained they are requesting a 4-foot aluminum fence to be installed in the side and rear yard. He stated the special use is required because the fence faces Palos and abuts the neighbor’s front yard current code requires it to be setback 20 feet. He pointed out on the plat slide that his house is located 20ft back. Mr. Hill stated he is requesting 3 feet from line behind the arborvitae trees shown on site photos slide. He stated he has received consent from immediate neighbors and wants to keep his dogs safe in his yard. Mr. Hill state it won’t hinder the neighbor’s view, as it is open-style and will otherwise meet all of the fencing standards. Mr. Pirog asked why they can’t meet code ? Mr. Hill stated it is a small yard and the property line is only 20 feet from the house, so the fence would have to immediately abut his house, which restricts usage of the side yard. Mr. Bradshaw gave a brief overview referring to site photos slide and the proposed fence will approximately align with adjacent neighboring fence. He stated the proposed fence will be set back 3 feet. He pointed out with the proposed fence height and style landscaping is not required but there is existing trees lining the property. Mr. Bradshaw stated because of the existing landscaping the proposed fence will have little to no impact on the surrounding properties. He stated Community Services and Engineering reviewed the Petition and did not identify any issues with the request. STAFF RECOMMENDATION: The Petitioners are proposing to install a 4-foot open style fence, which is set back approximately three (3) feet from the side yard abutting a street lot line along N. Palos Ave. The N. Palos Avenue lot line also abuts the side lot line of the front yard of the adjacent lot to the south. Per Code, the required setback is 20 feet. Staff did not identify any negative impacts the proposed fence would have on the surrounding neighborhood. Staff also does not have any concerns VILLAGE OF PALATINE Page 6 Packet Pg. 7  2.1 Minutes Zoning Board of Appeals May 10, 2022 about the line of sight impact to the property at 1068 N. Palos Avenue (directly south), as there is an existing evergreen row separating the driveway and the proposed fence. Additionally, the fence is only 4 feet tall and of an open-style construction. Therefore, Staff recommends Approval of the proposed Special Use with the following condition: 1. The Special Use shall substantially conform to the site plan and elevation plan submitted by the Petitioners, Simon & Deborah Hill, except as said plans may be changed to conform to the Village Code of Ordinances. Ms. Wood asked staff if the lot is standard size Mr. Bradshaw answered yes stating it is approx. 85 by 119. Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) Ms. Roth-Wurster asked about neighbor approval forms Mr. Bradshaw clarified the request started as administrative and was changed to full special use. There were no further questions. The public hearing was closed. Ms. Roth-Wurster made a motion to approve subject staff’s conditions; seconded by Mr. Pirog DELIBERATIONS: Ms. Roth-Wurster stated the 4-foot open style fence won’t negatively impact the neighborhood. She stated the letters of support are reassuring. Ms. Roth- Wurster spoke to standards and how they are met Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on June 6, 2022. RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Cindy Roth-Wurster, Commissioner SECONDER: John Pirog, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: Larson, McGinn VILLAGE OF PALATINE Page 7 Packet Pg. 8  2.1 Minutes Zoning Board of Appeals May 10, 2022 3. 224 W. Kenilworth Ave - Recommended to Approve Notice was published in the Daily Herald on April 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use 2. Proof of Ownership 3. Plat of Survey 4. Concept Plans 5. Public Notice Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) Sworn in the petitioner: Mr. Mark Swanson Architect 536 S Summit Street - Barrington, IL Mr. Swanson explained they are proposed to add a 2nd story to the existing a 1- story residence. He stated they are building over the existing footprint, with the existing 7-foot side-yard setback. He stated the added front porch will expand into the front setback by 4 feet. Mr. Swanson explained the addition in the rear yard complies with the setbacks. He stated this will double the size of the house. Ms. Wood asked if only the porch would encroach into the front setback Mr. Swanson explained both the porch and approximately 60 square feet of the house. Ms. Wood asked if the porch is open-style. Mr. Swanson answered yes. Mr. Swanson explained the bump out in the front gives a gable to provide relief to elevation. Ms. Wood asked if there was a way to not encroach ? Mr. Swanson explained the current house is at the minimum required front setback. Mr. Pirog asked if both the porch and addition need relief. Mr. Swanson answered yes, as the existing side yard setback does not meet the current minimum required. Ms. Wood asked what the reason for the addition is. Mr. Swanson explained it is part of space configuration that is needed for the added dining room Mr. Bradshaw gave a brief overview stating all surrounding properties are zoned R-2 with Paddock Elementary school to the north. He explained the subject property is approximately 10,005 square feet single-story, with a 1-car detached garage. Mr. Bradshaw stated it is existing nonconforming with an existing side yard setback of 7.9 feet, instead of the minimum required 10 feet. He pointed out VILLAGE OF PALATINE Page 8 Packet Pg. 9  2.1 Minutes Zoning Board of Appeals May 10, 2022 the proposed work will not encroach in the rear or the opposing side yard setbacks, but will encroach 4 feet into minimum required 30-foot front yard setback. Mr. Bradshaw stated it meets both building and lot coverage. He stated Community Services and Fire Prevention have reviewed and had no issues. Mr. Bradshaw stated Engineering review indicated elevations and grades around the structure will be required due to the salt creek border and surrounding flood hazard area. Ms. Wood asked if the surrounding homes meet setback requirements. Mr. Bradshaw stated there are no existing setbacks for front yards to staff's knowledge, referring to the existing conditions slide to show the area homes. Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) STAFF RECOMMENDATION The Petitioners are requesting to construct a new addition to the front and rear of the home, as well as a second story addition. The existing residence has an existing non-conforming side yard setback from the eastern lot line. The addition off the front of the home encroaches into the required front yard setback and the second story addition would align with the existing home, therefore requiring relief for the existing side yard setback. Staff has not identified any negative impacts that the proposed additions would have on the surrounding neighborhood. Therefore, Staff recommends approval of the Special Use, subject to the following conditions: 1. The Special Use shall substantially conform to the site plan, elevation plans, and floor plan submitted by the Petitioner’s agent, Mark Swanson, except as such plans may be changed to conform to Village Codes and Ordinances. 2. If approved, the Petitioners shall provide grade elevations around the structure in a matter acceptable to the Village Engineer. There were no further questions. The public hearing was closed. Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Mr. Pirog DELIBERATIONS: Mr. Pirog stated he doesn’t think it is necessary but the standards have been met and with staff recommending approval and no issues identified he would vote for approval. Mr. Cavanaugh pointed out they are not changing footprint much rather just going up. Ms. Wood agreed with Mr. Pirog. She stated the 4-foot encroachment is not too large though not common in neighborhood. Ms. Wood stated it will not cause injury to property and will be a nice addition so meets the standards Mr. Luszczak agreed since they have the means to do should approve. VILLAGE OF PALATINE Page 9 Packet Pg. 10  2.1 Minutes Zoning Board of Appeals May 10, 2022 Ms. Roth-Wurster pointed out the neighborhood is cookie cutter. She stated adding a porch creates more community. She stated this will improve the home overall and meets the standards Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on June 6, 2022. RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: John Pirog, Commissioner Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: Larson, McGinn VILLAGE OF PALATINE Page 10 Packet Pg. 11  2.1 Minutes Zoning Board of Appeals May 10, 2022 4. 300 N. Northwest Highway - Recommended to Approve Notice was published in the Daily Herald on April 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use 2. Proof of Ownership 3. Floor Plan 4. Business Plan 5. Plat of Survey Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) 6. Public Notice Sworn in the petitioner: Mr. Felipe Gonzalez 300 N. Northwest Highway - owner Felipe stated he has been working as a chef for 25 years and he has found that people, enjoy to eat and also would like to have wine and beer. He stated this will improve his business. Mr. Pirog asked if it is for lunch and dinner ? Mr. Gonzalez explained that it is anticipated to be mostly for dinner. Mr. Pirog asked if there is a bar ? Mr. Gonzalez explained they will have a place to store the alcohol and will take out whenever needed. Mr. Pirog asked if there will be staff training. Mr. Gonzalez answered yes Sworn in Mr. Felipe Gonzalez Jr. - son of business owner Mr. Gonzalez Jr stated their customers ask for alcohol so they are looking to expand and improve the quality of the restaurant which improves revenue. He stated they want to improve the experience and bring in new clients Ms. Wood asked how long have they owned the restaurant. Mr. Gonzalez Jr explained the restaurant has been around since the 60’s or 70’s, but under their new ownership, since January 2020. Ms. Wood clarified the restaurant closes at 11pm. Mr. Gonzalez Jr spoke to hours and liquor license hours. Mr. Bradshaw gave a brief overview stating the property is zoned B-2, with other commercial business surrounding and residential to the west. He spoke to the business plan including hours of operation and liquor serving hours. He stated there are no proposed changes to the restaurants floor plan and the parking requirement will not change. Mr. Bradshaw explained the liquor license will be evaluated by the liquor commission. He stated Community Services have VILLAGE OF PALATINE Page 11 Packet Pg. 12  2.1 Minutes Zoning Board of Appeals May 10, 2022 reviewed and did not identify any issues. Ms. Wood asked if there is fencing between the business and the residential area Mr. Bradshaw referred to site photo indicating yes Ms. Wood expressed concern with later hours and parking lighting. Mr. Gonzalez Jr stated there has been no issues. Ms. Wood asked staff if issues arise will staff follow-up Mr. Bradshaw answered yes. Sworn in Ms. Deb Gabriel 135 N. Babcock Drive Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) Ms. Gabriel stated she is in full support for liquor license to go into restaurant. She stated she dines there often and would like to enjoy a good meal with a drink. She stated this will enhance the dining experience. She stated they are a good contributor to Palatine and would like to see them thrive. STAFF RECOMMENDATION: The Petitioner is proposing to introduce a local liquor license at the existing Café Fourteen. As the Floor Plan and seating count are not increasing, and the parking requirement remains the same. Ultimately, Staff did not identify any concerns with the proposal. Therefore, Staff recommends approval of the Special Use to permit the restaurant to operate with a local liquor license, subject to the following condition: 1. The Special Use shall substantially conform to the Business Plan and Floor Plan submitted by the Petitioner, except as such plans may be changed to conform to the Village of Palatine Codes and Ordinances. Ms. Wood asked if they are operating currently with expanded hours, but without liquor. Mr. Bradshaw answered yes. Mr. Gonzalez confirmed. There were no further questions. The public hearing was closed. Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster DELIBERATIONS: Mr. Cavanaugh stated they are a restaurant that has been around for decades. He stated they are well run and have had no issues so adding liquor to a dinner service restaurants is logical and meets the standards. Ms. Roth-Wurster agreed the request meets the standards. She stated she has dined there and enjoyed the food and a glass of wine would have been nice. Ms. Wood summarized that this request has met the standards and was VILLAGE OF PALATINE Page 12 Packet Pg. 13  2.1 Minutes Zoning Board of Appeals May 10, 2022 unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on May 16, 2022. RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: Larson, McGinn Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 13 Packet Pg. 14  2.1 Minutes Zoning Board of Appeals May 10, 2022 5. 1116-1128 W Northwest Highway - Recommended to Approve Notice was published in the Daily Herald on April 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use 2. Proof of Ownership 3. Plat of Survey 4. Business Plan 5. Menu Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) 6. Floor Plan 7. Public Notice Ms. Bremanis gave a brief explanation of the background of the request stating the Petitioner was approved for a Special Use to open a restaurant with liquor service and a parking variation in December of 2020. She explained that per code, the Special Use expires after 1 year without any activity, issuance of a building permit, or extension of the Special Use. Ms. Bremanis pointed out the parking variation is still valid, so the request being reviewed is for a new Special Use to permit a restaurant to operate with a local liquor license with no changes from original approved request. Ms. Wood clarified that parking is not being addressed. Ms. Bremanis explained the approved parking variation is still in place. She pointed out none of the uses in the building have changed since approval. Mr. Luszczak clarified the request was already approved. Ms. Bremanis answered yes explaining the special use expired. Ms. Roth-Wurster asked if the liquor request is new. Ms. Bremanis explained they were already approved for a liquor license. Sworn in Mr. Pasquale DiDiana 1116-1120 W Northwest Highway Mr. DiDiana explained he has been in the restaurant business since he was 14 with his family owning 30 restaurants all over the Chicagoland area. He stated he and his wife have always loved Palatine. He explained they found the opportunity to open in Palatine in 2020 at the same time of starting a family and owning 5 other restaurants during Covid. He spoke to family hardships that delayed opening. Mr. DiDiana stated they are ready to open now. Ms. Wood clarified the request has not changed. Mr. DiDiana stated it is the same. Ms. Wood asked if same percentage will be takeout. Mr. DiDiana answered yes. VILLAGE OF PALATINE Page 14 Packet Pg. 15  2.1 Minutes Zoning Board of Appeals May 10, 2022 Ms. Wood asked where they currently are in process. Mr. DiDiana explained they submitted but need to resubmit. He explained this is holding up the process. Ms. Roth-Wurster asked if there will be training for liquor license. Mr. DiDiana answered yes. Ms. Bremanis gave a brief overview of the business plan including hours, dine in, takeout and delivery information. She pointed out prior to Village Council they submitted an addendum indicating all deliveries would not go through the neighborhood. Ms. Bremanis stated Community Services, Engineering, Environmental Health and Fire Prevention have all re-reviewed and have no Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) issues. Sworn in Cathy Seskiewicz 1053 W. Sutton CT Ms. Seskiewicz stated she lives adjacent to strip mall. She expressed concern about noise with the dumpster at night. Mr. DiDiana stated they neighbor with a lot of communities and are great neighbors. He thanked Cathy for her insight and stated they will be considerate. STAFF RECOMMENDATION: The proposed Special Use was approved in 2020 along with a parking variation. Due to no activity, the Special Use expired in December of 2021 however, the parking variation remains in place. Petitioner is requesting a new Special Use with no changes from the previous approval. Therefore, Staff recommends the approval of the Special Use, subject to the following condition: 1. The Special Use shall substantially conform to the floor plan and business plan submitted by the petitioner as attached, except as such plan may be changed to conform to Village Codes and Ordinances. There were no further questions. The public hearing was closed. Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster DELIBERATIONS: Mr. Cavanaugh stated it is unfortunate with the petitioner’s hardships. He stated the use was previously approved and it’s a good use for the space and a good business plan so he supports the special use. Ms. Roth-Wurster stated the standards have been met. She stated it is a good plan and can’t wait to try it. Ms. Wood stated she originally had concerns with parking but that is not in discussion this evening. She stated the standards were met before and there are VILLAGE OF PALATINE Page 15 Packet Pg. 16  2.1 Minutes Zoning Board of Appeals May 10, 2022 no changes. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on May 16, 2022. RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: Larson, McGinn Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 16 Packet Pg. 17  2.1 Minutes Zoning Board of Appeals May 10, 2022 IV. COMMUNICATIONS V. ADJOURNMENT 1. Motion to Adjourn - Motion Carried by Voice Vote RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS] MOVER: Jerry Luszczak, Commissioner SECONDER: Kevin Cavanaugh, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: Larson, McGinn Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 17 Packet Pg. 18  2.1 Minutes Zoning Board of Appeals May 10, 2022 Minutes Acceptance: Minutes of May 10, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 18 Packet Pg. 19  3.1 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 06/14/22 07:00 PM CASE STAFF STATEMENT (ID # 7640) 102 N. Crescent Avenue - VAR Driveway Expansion TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Vijay Dara CASE NUMBER: 22-18 ADDRESS: 102 N. Crescent Avenue PROPOSAL: Variation to permit a residential driveway to be 30 feet in width within five (5) feet of the lot line, instead of the maximum permitted 25 feet. LOCATION: 102 N. Crescent Avenue CURRENT ZONING: R-2 Single Family District 1 (Millar) SURROUNDING CONDITIONS: North: R-2 Single Family South R-2 Single Family East: R-2 Single Family West: R-2 Single Family BACKGROUND: The Petitioner is proposing to expand the existing driveway that will exceed the maximum allowable total driveway width, within five (5) feet of the lot line. Therefore, the Petitioner is requesting: Variation to permit a residential driveway to be 30 feet in width within 5 feet of the lot line, instead of the maximum permitted 25 feet. SITE ANALYSIS:  The Subject Property is zoned R-2 Single Family and is within the Crescentwood I Subdivision. The property is approximately 11,085 square feet and consists of a single-family residence, with a two-car garage.  The Petitioner is proposing to expand the existing driveway width by 9 feet, expanding from approximately 21 feet to approximately 30 feet. The proposed expansion exceeds the maximum driveway width, within five (5) feet of the lot Page 1 Packet Pg. 20  3.1 Case Staff Statement (ID # 7640) Meeting of June 14, 2022 line by approximately five (5) feet. The Zoning Ordinance allows a maximum width of 25 feet within five (5) feet of the lot line and the proposed would be 30 feet wide.  At its widest point, the proposed driveway is 30 feet wide. Per Code, the maximum allowable total driveway width for a 2-car garage is 30 feet, with the first 5 feet not exceeding 25 feet in width.  Per the submitted application, the Petitioner’s justification for the driveway expansion is to better accommodate vehicles of family members living at the residence, as well as visitors.  There are other properties on N. Crescent Avenue and in the immediate neighborhood that have expanded driveways, but it appears that all of them maintain driveways, tapered down to under 25 feet, within five (5) feet of the lot line. Both the building coverage and lot coverage are within the allowable percentages per Code. DEPARTMENTAL REVIEWS: Community Services Tapering the driveway to 25 feet within 5 feet of the lot line is an achievable alternative that can be done without zoning relief. Engineering The Fire Hydrant in the parkway, which is adjacent to the driveway apron and in front of the proposed expansion, is a concern and potential driving conflict. Public Works N/A STANDARDS FOR A VARIATION: Standards for a Variation are found in Section 14.03 D (1) and (2) of the Zoning Code. Specifically, the Petitioners must show that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; that the plight of the owner is due to unique circumstances; and that the variation, if granted, will not alter the essential character of the locality. The Petition for Variation is attached, and the Petitioners have attempted to address the required standards. STAFF RECOMMENDATION: The Petitioner is proposing to expand the existing driveway width to 30 feet. Per Code, the proposal will exceed the maximum driveway width within five (5) feet of the front lot line by approximately five (5) feet. While Staff ultimately understands what the Petitioner is trying to accomplish, with increased parking spaces, Staff does not believe that adequate justification for the Variation has been established. Additionally, Staff identified several other properties in the immediate neighborhood that Page 2 Packet Pg. 21  3.1 Case Staff Statement (ID # 7640) Meeting of June 14, 2022 have expanded driveways, which all appear to taper down to under 25 feet, within five (5) feet of the lot line. Therefore, Staff recommends denial of the request to the Zoning Board of Appeals. If the Zoning Board of Appeals recommends approval, Staff recommends the following conditions: 1. The Variation shall substantially conform to the site plan submitted by the Petitioner, Vijay Dara, except as such plans may be changed to conform to Village Codes and Ordinances. ATTACHMENTS:  Aerial Map  Variation Application  Site Plan  Plat of Survey  Public Notice Page 3 Packet Pg. 22  3.1.a 102 N. Crescent Ave 129 N 126 N 931 W Attachment: Aerial Map (102 N. Crescent Avenue - VAR Driveway Expansion) 115 N N CRESCENT AV 114 N 928 W 103 N 102 N W WILSON ST 79 N 78 N 77 N 927 W R 0 40 80 1 in. = 43 ft. Feet Packet 75 Pg.N23  3.1.b Packet Pg. 24 Attachment: Variation Application (102 N. Crescent Avenue - VAR Driveway Expansion)  3.1.b Packet Pg. 25 Attachment: Variation Application (102 N. Crescent Avenue - VAR Driveway Expansion)  3.1.c Packet Pg. 26 Attachment: Site Plan (102 N. Crescent Avenue - VAR Driveway Expansion)  3.1.d Packet Pg. 27 Attachment: Plat of Survey (102 N. Crescent Avenue - VAR Driveway Expansion)  3.1.e Packet Pg. 28 Attachment: Public Notice (102 N. Crescent Avenue - VAR Driveway Expansion)  3.2 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 06/14/22 07:00 PM CASE STAFF STATEMENT (ID # 7627) 587 W. Lake Cook Road - VAR Circular Driveway TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Jose Carranza CASE NUMBER: 22-14 ADDRESS: 587 W. Lake Cook Road PROPOSAL: Variations to permit a residential driveway to be a total of 76.5 feet in width instead of the maximum permitted 30 feet, and to permit a residential driveway to be 28 feet in width, within 5 feet of the lot line, instead of the maximum permitted 25 feet. LOCATION: 587 W. Lake Cook Road CURRENT ZONING: R-1 Single Family District 1 (Millar) SURROUNDING CONDITIONS: North: Lake County (Hampton Inn & Suites - Chicago Deer Park) South R-2 Single Family East: R-1 Single Family West: P - Planned Development (Hilltop Animal Hospital) BACKGROUND: The Petitioner is proposing a driveway extension to construct a circular driveway, which exceeds the maximum driveway width and maximum driveway width at the lot line. Therefore, the Petitioner is requesting: Variations to permit a residential driveway to be a total of 76.5 feet in width, instead of the maximum permitted 30 feet, and to permit a residential driveway to be 28 feet in width, within 5 feet of the lot line, instead of the maximum permitted 25 feet. SITE ANALYSIS:  The Subject Property was annexed into the Village in 2004 (R-12-04). The lot is zoned R-1 Single Family and is approximately 21,750 sf in size. Page 1 Packet Pg. 29  3.2 Case Staff Statement (ID # 7627) Meeting of June 14, 2022  At the widest point, the proposed driveway would have a total width of 79 feet. Per Code, the maximum allowable total driveway width for a 2-car garage is 30 feet.  Additionally, the combined width of the existing and proposed driveways, measured at the lot line, will be 30 feet. The Zoning Ordinance allows a maximum width of 25 feet within five (5) feet of the lot line.  The circular driveway would result in an additional curb cut on W. Lake Cook Road, which is under the jurisdiction of Cook County. An additional curb cut would require approval from the Cook County Highway Department. The Petitioner is aware of this and is concurrently pursuing the County permit.  Per the submitted application, the Petitioner’s justification for the circular driveway expansion is to allow for a safer access in and out of the property. Currently, to exit the driveway the Petitioner is backing out onto W. Lake Cook Road where the speed limit is 45 mph.  The existing driveway currently consists of unimproved gravel. The Petitioner has indicated that improving/resurfacing the existing driveway is also within the scope of work for this project.  The Petitioner’s adjacent neighbor to the east (571 W. Lake Cook Road) has an existing non-conforming circular driveway, which was constructed prior to the annexation and is non-conforming.  There is a recreational vehicle (RV) that has been historically stored on the Subject Property. The Petitioner was made aware of the code requirements for storing a RV in a residential district, and has since made accommodations to store the RV off site.  Both the building coverage and lot coverage are within the allowable percentage per Code. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering Building permit will not be issued until the Cook County Highway Department permit is issued. Environmental Health N/A Fire Prevention N/A Public Works N/A Police N/A Page 2 Packet Pg. 30  3.2 Case Staff Statement (ID # 7627) Meeting of June 14, 2022 STANDARDS FOR A VARIATION: Standards for a Variation are found in Section 14.03 D (1) and (2) of the Zoning Code. Specifically, the Petitioners must show that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; that the plight of the owner is due to unique circumstances; and that the variation, if granted, will not alter the essential character of the locality. The Petition for Variation is attached, and the Petitioners have attempted to address the required standards. STAFF RECOMMENDATION: The Petitioner indicates the proposed circular driveway on the Subject Property will improve access and flow, when entering and leaving the residence. Staff agrees with the Petitioner, as a circular driveway will make access off, and on to, Lake Cook Road significantly safer. However, while Staff understands that there are other proximate properties with circular driveways, none have gone through a Variation process, as they were constructed prior to the adoption of the relevant Zoning Ordinance. The Petitioner is aware of the recreational vehicle ordinance requirements and has secured off-site parking accommodations. Per the application materials, the driveway expansion will not be utilized for recreational vehicle storage. Therefore, Staff recommends approval of the requested Variations, subject to the following conditions: 1. The Variation shall substantially conform to the site plan submitted by the Petitioner, Jose Carranza, except as such plans may be changed to conform to the Village’s Codes and Ordinances. 2. A building permit will not be issued by the Village of Palatine until a permit is issued by the Cook County Highway Department for the additional curb cut along W. Lake Cook Road. ATTACHMENTS:  Aerial Map  Variation Application  Site Plan  Plat of Survey  Public Notice Page 3 Packet Pg. 31  3.2.a 587 W. L ake Co o k Roa d Attachment: Aerial Map (587 W. Lake Cook Road - VAR Circular Driveway) W LAKE COOK RD 2386 N 597 W 587 W 571 W 625 W 2374 N 2362 N 618 W 530 W 520 W 510 W 500 W 490 W 478 W 2346 N W SHADY LANE RD N SUNSET RD 507 W 2336 N R 483 W 475 W 0 90 180 1 in. = 85 ft. Feet 2331 N Packet Pg. 32  3.2.b Packet Pg. 33 Attachment: Variation Application (587 W. Lake Cook Road - VAR Circular Driveway)  3.2.b Packet Pg. 34 Attachment: Variation Application (587 W. Lake Cook Road - VAR Circular Driveway)  3.2.c Packet Pg. 35 Attachment: Site Plan (587 W. Lake Cook Road - VAR Circular Driveway)  3.2.d Packet Pg. 36 Attachment: Plat of Survey (587 W. Lake Cook Road - VAR Circular Driveway)  3.2.e Packet Pg. 37 Attachment: Public Notice (587 W. Lake Cook Road - VAR Circular Driveway)  3.3 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 06/14/22 07:00 PM CASE STAFF STATEMENT (ID # 7638) 60 W Illinois Avenue TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Lyn Bremanis PETITIONER: Dr. Mariann Leahy, Elite Health and Wellness CASE NUMBER: 21-22 ADDRESS: 60 W. Illinois Avenue PROPOSAL: Special Use to permit a medical office (Chiropractic Office) pursuant to Section 11.03 (d) (43) of the Palatine Zoning Ordinance. LOCATION: 60 W. Illinois Avenue CURRENT B-2 General Business District 2 (Lamerand) ZONING: District SURROUNDING CONDITIONS: North: P - Planned Development (Single Family Residential) South R-2 Single Family Residential East: P - Planned Development (Multi-Family Residential) West: R-2 Single Family Residential BACKGROUND: The Petitioner is proposing to relocate a Chiropractic Office (medical use) to 60 W. Illinois Ave. Therefore, the Petitioner is requesting: Special Use to permit a medical office (Chiropractic Office). SITE ANALYSIS:  The Subject Property is zoned B-2 General Business District.  Elite Health and Wellness previously occupied this tenant space; however the office relocated to 271 E. Helen Road. They are proposing to return to the original space and have applied for a Special Use for a medical office.  The Subject Tenant Space is approximately 2,250 square feet.  The proposed hours of operation are: Page 1 Packet Pg. 38  3.3 Case Staff Statement (ID # 7638) Meeting of June 14, 2022 o Monday - 8 AM to 12 PM and 2 PM to 7 PM.  The business plan indicates the staffing for this site will be one.  The estimated number of patients 3 per hour.  The parking requirement does not change. DEPARTMENTAL REVIEWS: Community Services No Issues Identified Engineering N/A Environmental Health N/A Fire Prevention No Issues Identified Public Works N/A Police N/A STANDARDS FOR SPECIAL USE: Since this Petition is not for a use publicly operated or traditionally affected with the public interest, those standards under Section 14.05 D (2) and (3) are applicable. Specifically, the Petitioners must show that the Special Use, if granted, is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located. The Petitioners have attempted to address the required standards. STAFF RECOMMENDATION: The proposed medical office will occupy a vacant tenant space previously occupied by the proposed tenant. The parking requirements do not change for this use and the Petitioner previously occupied the space with no issue. Therefore, Staff recommends approval of the Special Use subject to the following condition: 1. The Special Use shall substantially conform to the floor plan and the business plan submitted by the Petitioner on 5/11/22, except as such plan may be changed to conform to Village Codes and Ordinances. ATTACHMENTS:  Aerial Map  Special Use Application  Plat of Survey  Business Plan  Floor Plan Page 2 Packet Pg. 39  3.3 Case Staff Statement (ID # 7638) Meeting of June 14, 2022  Public Notice Page 3 Packet Pg. 40  3.3.a 60 W Illinois Avenue 723 S 724 S 727 S 22 W 16 W 10 W 729 S 28 W W SUMMERSET CT Attachment: Aerial Map (60 W Illinois Avenue - SU Chiropractor) 735 S 748 S 21 W 11 W E ORCHARD LN S PLUM GROVE RD 86 W 72 W 56 W 54 W 52 W 44 W 11 E 15 E 60 W 58 W 7E 19 E 76 W 3E 23 E W ILLINOIS AV 3E E ILLINOIS AV 5E 85 W 63 W 73 W 51 W 800 S 7E 9E 11 E 13 E 15 E R 0 90 20 W 180 16 W 8W 850 S 852 S 1 in. = 85 ft. Feet Packet 854 SPg. 41  3.3.b Packet Pg. 42 Attachment: Special Use Application (60 W Illinois Avenue - SU Chiropractor)  3.3.b Packet Pg. 43 Attachment: Special Use Application (60 W Illinois Avenue - SU Chiropractor)  3.3.c Packet Pg. 44 Attachment: Plat of Survey (60 W Illinois Avenue - SU Chiropractor)  3.3.d Packet Pg. 45 Attachment: Business Plan (60 W Illinois Avenue - SU Chiropractor)  3.3.e Packet Pg. 46 Attachment: Floor Plan (60 W Illinois Avenue - SU Chiropractor)  3.3.f Packet Pg. 47 Attachment: Public Notice (60 W Illinois Avenue - SU Chiropractor)