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 ● JULY 26, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - Jun 28, 2022 7:00 PM III. PUBLIC HEARING 1. 212 S. Bothwell Street Variation to permit lot coverage to be 55%, instead of the maximum permitted 45%. 2. 936 S. Mallard Court Special Use to permit an addition to be set back 21 feet from the rear lot line, instead of the minimum required 45 feet. 3. 1835 N. Laurel Drive Special Use to permit a fence in the required front yard. 4. 16 N Brockway Street Special Use to permit a restaurant with a local liquor license. Variation to permit 230 square feet of total signage, instead of the permitted 75 square feet. Variation to permit painted signs on the south elevation of the building and to allow signage to face the side yard. 5. 375 W. Northwest Highway Special Use Amendment to permit an expanded floor plan for an existing restaurant. 6. 1565 N. Quentin Road Special Use to permit a packaged liquor store. 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 ● JUNE 28, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER Attendee Name Title Status Arrived Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) Cindy Roth-Wurster Commissioner Present Jan Wood Commissioner Present Jerry Luszczak Commissioner Present Theodore McGinn Commissioner Absent Kevin Cavanaugh Commissioner Absent John Pirog Commissioner Present II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - Jun 14, 2022 7:00 PM - Accepted Ms. Roth-Wurster made a motion to approve the minutes of June 14, 2022; seconded by Mr. Pirog RESULT: ACCEPTED [UNANIMOUS] MOVER: Cindy Roth-Wurster, Commissioner SECONDER: John Pirog, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Pirog ABSENT: McGinn, Cavanaugh VILLAGE OF PALATINE Page 1 Packet Pg. 2  2.1 Minutes Zoning Board of Appeals June 28, 2022 III. PUBLIC HEARING 1. 1070 N. Cardinal Drive - Recommended to Approve Notice was published in the Daily Herald on June 13, 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/ Site Plan Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) 4. Existing Conditions 5. Fence Elevation (sample) 6. Neighbor Consent Forms 7. Public Notice Sworn in staff: Ms. Lyn Bremanis and Mr. Alex Bradshaw Sworn in the petitioner: Ms. Marta Brzostowski 1017 N Cardinal Dr Ms. Brzostowski stated they currently have a picket fence around the property that is old and not in good condition. She stated they want to replace with a private solid 6ft white fence for privacy. Ms. Brzostowski stated the picket style allows trash from street to enter her yard. She explained the fence is important for privacy to be able to sit in the yard and enjoy quiet. She spoke to the standards stating it won’t destroy the vistas because it will be nicer than the old one and will not distract from the overall appearance of the community. Ms. Brzostowski stated they put in a new driveway and looking to update property and make more comfortable. Mr. Pirog asked if any other homes have a 6ft high fence. Ms. Brzostowski stated the other corners do referring to aerial to show 2 other houses. Mr. Pirog pointed out they still have to clean garbage outside the fence. Ms. Brzostowski agreed stating they will keep it nice with landscaping. Ms. Roth-Wurster clarified they are replacing in the same location just changing style. Ms. Brzostowski answered yes. Ms. Wood referred to the existing conditions slide and pointed out the fence looks in good condition. She asked why the 6ft solid would enhance the area. Ms. Brzostowski explained the fence would block visibility of their stuff in yard. She pointed out the neighbors submitted consent letters and are happy with the new fence. Mr. Luszczak asked staff why they need relief. VILLAGE OF PALATINE Page 2 Packet Pg. 3  2.1 Minutes Zoning Board of Appeals June 28, 2022 Mr. Bradshaw explained they are replacing the fence in the same place but changing from 4ft to 6ft. He explained it is pre-existing non-conforming. He further explained the only way to replace without relief is to replace with the same height and style. Mr. Bradshaw gave a brief overview explaining the proposed fence will remain setback 10ft with existing landscaping to remain. He stated the proposed fence abuts the 20 foot front yard of 1070 E. Olde Virginia Rd. He stated the petitioners have received letters of consent from all four directly adjacent property owners. Mr. Bradshaw pointed out the property across Cardinal Drive from the Subject Property, 1071 E. Cardinal, has an existing non-conforming six (6) foot solid fence that is setback approximately 13 feet from the side lot line Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) abutting Olde Virginia Rd. He stated it is not uncommon in the area to see these type of fences in these locations. Mr. Bradshaw stated Community Services and Engineering have reviewed and had no issues. Ms. Roth-Wurster asked about the distance between the fence and sidewalk in the slide. Mr. Bradshaw spoke to the other properties in the area having similar fences approx. 13ft off line. STAFF RECOMMENDATION: The Petitioners are proposing to replace an existing 4-foot open style fence with a 6-foot solid fence. The proposed fence will be in the exact location as the existing fence, which is set back approximately 10 feet from the side property line that abuts Olde Virginia Road. Said property line also abuts the side lot line of the front yard of the adjacent lot to the north. Per Code, the required setback is 20 feet. The Petitioner has received letters of consent from all four directly adjacent property owners, including 1070 E. Olde Virginia Rd (directly north). The existing landscaping between the existing fence and the side lot line abutting the street will remain to provide an effective buffer. Ultimately, Staff did not identify any negative impacts the proposed fence would have on the surrounding neighborhood. 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, Jacek and Marta Brzostowski, except as said plans may be changed to conform to the Village’s Codes and Ordinances. There were no further questions. The public hearing was closed. Mr. Pirog made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster DELIBERATIONS: Mr. Pirog spoke to the standards stating he thinks it meets all besides enhancing the appearance. He pointed out the neighbors are ok with it and there are others VILLAGE OF PALATINE Page 3 Packet Pg. 4  2.1 Minutes Zoning Board of Appeals June 28, 2022 in community. Ms. Roth-Wurster agreed with Mr. Pirog. She stated it is not too close to street and there was a fence there before and had no line of site issues. Ms. Wood agreed with Mr. Pirog. She pointed out Staff and the neighbors feel it’s acceptable and there are other homes in area with similar fences. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 4-0. This item will tentatively go to Village Council on July 11, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) MOVER: John Pirog, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Pirog ABSENT: McGinn, Cavanaugh VILLAGE OF PALATINE Page 4 Packet Pg. 5  2.1 Minutes Zoning Board of Appeals June 28, 2022 2. 433 N. Stark Drive - Recommended to Approve Notice was published in the Daily Herald on June 13, 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. Site Plan 5. Fence Elevation (sample) Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) 6. Letter of Consent 441 N Stark Ave 7. Public Notice Sworn in petitioner: Ms. Amanda Hall and Mr. Jeremy Hall 433 N. Stark Drive Ms. Hall stated they want to fence around their back yard. She explained it would be 6ft along the north property line transitioning to 4ft picket scalloped fence to sidewalk and back up to their house. She stated they are in a unique situation based on their house faces Middleton Ct but legal front yard is Stark Dr. but because of shape primary portion of yard is in the northwest corner of lot. Ms. Hall stated the fence will be ascetically pleasing, provide privacy and contain the pets and kids. She stated Stark is high traffic from high school so this will provide a buffer. She stated they originally intended the privacy all around but decided to compromise and go with picket to help with site lines but still help with containment. She stated there will be landscaping along sidewalk. Ms. Hall pointed out if put at 30ft it would not give much of a back yard. Mr. Pirog asked what area requires the relief. Mr. Bradshaw explained any front yard fence needs relief. He referred to the site plan slide and marked the area in question. Ms. Hall explained they wanted to do privacy fence a bit past setback line to neighbor’s tree because you can see into their family room from the sidewalk. Ms. Wood asked if site plan slide is correct. Ms. Hall answered yes. Mr. Pirog clarified the fence is on lot line. Ms. Hall answered yes pointing out there are other homes similar and will landscape to make look nice. She pointed out they have a small yard and want to maximize space for kids and dogs. Mr. Bradshaw gave a brief overview stating the subject property is zoned R2 with a 30ft front yard setback. He stated the proposed fence will be setback 3 feet from the front property line abutting North Stark Drive with landscaping between the proposed fence and property line. He stated the proposed fence abuts the 30 VILLAGE OF PALATINE Page 5 Packet Pg. 6  2.1 Minutes Zoning Board of Appeals June 28, 2022 foot front yard of 441 N. Stark Drive. Mr. Bradshaw stated the petitioners are aware of the front yard line of sight impact questions raised by Staff (for the portion of the 6-foot fence), and have presented consent from the adjacent neighbor at 441, 448 & 436 N. Stark Drive. (submitting 448 and 436 as additional exhibits) Mr. Pirog asked where the 6ft fence is going. Mr. Bradshaw referred to site plan slide to show location of fence. Mr. Pirog asked what requires a special use. Mr. Bradshaw explained everything that is within the front yard. Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) Ms. Wood asked if community services changed their concern when they changed to 4ft picket fence. Mr. Bradshaw stated the line of site concern is still there but the petitioner received consent from that neighbor. Ms. Wood submitted into record the additional consent letters as exhibit C. Mr. Pirog asked if the line of site concern was for driving or walking. Mr. Bradshaw explained it would be for 441 N Stark Dr. and the sidewalk in front and back that curves around the bend. Mr. Pirog asked if it would be 4ft all around could it alleviate the line of site issue. Mr. Bradshaw stated it potentially could. Discussion on location of 6ft fence. Ms. Roth-Wurster asked if line of site is only with 6ft privacy. Mr. Bradshaw stated the 4ft is less of a concern for staff. Ms. Wood asked how it will transition. Mr. Bradshaw explained it goes from 4ft -6ft. He stated there was not a lot of line of site issue with current driveway so staff is not concerned with 4ft. Ms. Wood clarified Community Services still has concern. Mr. Bradshaw answered, that is correct. Sworn in Mr. Richard Murray 648 E Stark Dr Mr. Murray pointed out there are a lot of fences in neighborhood but most are setback more. He stated he knows that makes their yard small but thinks this will change the look of neighborhood. Mr. Pirog asked staff if they know of other homes with fences that are that close to lot line. Mr. Bradshaw answered there is no list but they can be existing nonconforming to the current zoning code. VILLAGE OF PALATINE Page 6 Packet Pg. 7  2.1 Minutes Zoning Board of Appeals June 28, 2022 STAFF RECOMMENDATION: The Petitioners are proposing to construct a 4-foot open style fence in the required front yard of the Subject Property. The proposed fence will be set back approximately three (3) feet from the required front property line that abuts N. Stark Drive. Said property line also abuts the side lot line of the front yard of the adjacent lot to the north. Per Code, the required setback is 30 feet. Although it is not required, the Petitioner has proposed landscaping between the existing fence and the front lot line abutting the street, which will provide an effective buffer. Staff identified a potential line of sight question for the property directly to the north (441 N. Stark Drive), abutting the required front side yard of the Subject Property. If the proposed fence plan were amended to maintain a 4-foot fence Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) through the entire front yard (30 feet), Staff would have recommended approval. Staff did not identify any other negative impacts the proposed fence would have on the overall appearance of the surrounding neighborhood. Therefore, Staff recommends Action at the discretion of the Zoning Board of Appeals for the proposed Special Use. If the Special Use is approved, Staff recommends the following condition: 1. The Special Use shall substantially conform to the site plan and elevation plan submitted by the Petitioners, Ms. Hall and Jeremy Hall, except as said plans may be changed to conform to the Village’s Codes and Ordinances. Ms. Wood asked about the recommendation to amend to 4ft in the front yard. Mr. Bradshaw explained if the transitioned was pushed back an additional 10ft to meet the 30ft line staff would recommend approval referring to the site plan slide to show location. Ms. Hall explained the primary reason to push the privacy beyond the setback is for safety and privacy. She explained people from the sidewalk can see directly into their house. Mr. Pirog asked where the family room is. Ms. Hall referred to existing conditions slide to explain it is by the sliding glass door between the chimneys by patio. There were no further questions. The public hearing was closed. Mr. Luszczak made a motion to approve subject staff’s conditions; seconded by Ms. Wood DELIBERATIONS: Mr. Luszczak stated he sees the need for the privacy. He stated the 6ft doesn’t make a difference with the curved street. Mr. Pirog stated he is hesitant because there are no other homes that have fence. He stated he understand the privacy issue, but that’s an issue with other VILLAGE OF PALATINE Page 7 Packet Pg. 8  2.1 Minutes Zoning Board of Appeals June 28, 2022 homes as well. Ms. Roth-Wurster expressed concern with the line of site issue. Ms. Wood stated fences are not common so it gives you pause but thinks it would be ok. She stated the line of site gives pause but the petitioner has tapered down so that’s an improvement. She pointed out it is just the 10ft that gives the line of site concern. Ms. Wood stated she can’t approve something that would be a safety issue. Aye: Luszcak Nay: Roth-Wurster, Pirog, Woof Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) Motion failed 1-3 Mr. Pirog made a motion to deny the proposed Special Use; seconded by Ms. Roth-Wurster Ms. Wood summarized that this request has not met the standards and was denied by a vote of 3-1. This item will tentatively go to Village Council on July 11, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: John Pirog, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Pirog ABSENT: McGinn, Cavanaugh VILLAGE OF PALATINE Page 8 Packet Pg. 9  2.1 Minutes Zoning Board of Appeals June 28, 2022 3. 32 S. Kerwood Street - Recommended to Approve Notice was published in the Daily Herald on June 13, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Variation 2. Proof of Ownership 3. Plat of Survey / Site Plan 4. Public Notice Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) Sworn in petitioner: Ms. Dona Martin 32 S Kerwood Street and John Pancorvo contractor 12 W College Dr. Mr. Pancorvo explained homeowner recently bought the house. He referred to the existing conditions slides to show the paver steps off back door leading to an unsafe loose-gravel patio. He explained the original plan was to follow the outline of the existing stone coming out a little farther into back yard being approx. 640sqft. Mr. Pancorvo stated zoning flagged the permit submittal for percentage of impervious surface which was over due to lot being smaller. He stated they shrunk the patio to approx. 331sqft. He stated the main reason for the request is to make the unsafe patio more stable. He referred to the existing conditions slide to show the orange marks to show proposed new dimensions. Mr. Pancorvo stated they are hiring a professional landscaper to landscape around and the proposed patio for a nicer look and to be safer and it won’t negatively affect drainage of neighboring properties. He stated the patio is not visible from the front. He stated they have obtained letters of consent from neighbors. Mr. Pirog asked if the reduced size is big enough. Ms. Martin stated she would have liked it bigger to fit all the chairs but main issue is the loose gravel is not safe. Mr. Pirog asked if loose gravel does not count on coverage. Mr. Bradshaw states loose gravel is not considered as impervious surface. Mr. Luszczak asked if they considered pavers. Mr. Pancorvo explained regular pavers are impervious and permeable pavers are higher cost. Ms. Wood asked if letter of support were submitted. Ms. Martin stated they were already submitted. Ms. Roth-Wurster asked about water issues. Ms. Martin answered, no. Mr. Pirog expressed concern that the size is not adequate. Mr. Pancorvo explained they tried to appease to staff and get her the safe patio she needs. VILLAGE OF PALATINE Page 9 Packet Pg. 10  2.1 Minutes Zoning Board of Appeals June 28, 2022 Ms. Wood asked about the letters. Mr. Bradshaw explained they were attached to the site plan he listed the 3 addresses that submitted.(30,38,& 23 S Kerwood) Ms. Wood asked if it would have to be re-noticed to make bigger. Mr. Bradshaw answered, yes. Ms. Martin stated the notice went out with the original size request. Discussion on the size of proposed patio. Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) Mr. Pancorvo stated it will be a decent size patio. He stated the pictures don’t show it clearly. He stated no one will fall off the patio. Mr. Bradshaw gave a brief overview stating the subject property is zoned R-2 and annexed into the Village in 1869. He stated the existing lot is nonconforming in lot area with the surrounding lots being comparable in size, and most had rear patio areas. Mr. Bradshaw stated the existing lot coverage is approximately 48% (3,200 sf) which exceeds the maximum 45% lot coverage by 207 sf. And the new patio will add approximately 331 sf to the total existing lot coverage, bringing the total proposed lot coverage to approximately 54% (3,531 sf). Mr. Bradshaw explained the Code requires a standard Variation to permit an increase in the lot coverage to 54% (3,531 sf) instead of the maximum 45% (2,993 sf), being a difference of 538 sf. He stated Community Services and Engineering have reviewed and Engineering has one comment requiring all excavated material to be removed off site. STAFF RECOMMENDATION: The Petitioner is proposing to construct a new concrete patio to replace an existing crushed gravel patio. Staff agrees that a concrete patio would be significantly safer more accessible than the crushed gravel. The Subject Property is smaller than standard R-2 Zoned residential properties, and the proposed patio has a smaller overall footprint than the existing. With that said, Staff has not identified any potential negative impacts to the surrounding neighborhood. Therefore, Staff recommends approval of the Variation, subject to the following conditions: 1. The Variation shall substantially conform to the site plan submitted by the Petitioner’s agent, John Pancorvo, except as such plans may be changed to conform to Villages Codes and Ordinances. 2. All excavated material must be removed off site in a matter acceptable to the Village Engineer. There were no further questions. The public hearing was closed. VILLAGE OF PALATINE Page 10 Packet Pg. 11  2.1 Minutes Zoning Board of Appeals June 28, 2022 Ms. Roth-Wurster made a motion to approve subject staff’s conditions; seconded by Mr. Pirog DELIBERATIONS: Ms. Roth-Wurster spoke to the standards stating reasonable return improving a gravel patio into a concrete patio would make a difference in the home. She stated when looking at lot coverage water issues are the concern but Engineering has reviewed and that’s not the case. She stated this will be safer and won’t be seen from the street. Ms. Wood spoke to reasonable return and uniqueness with smaller lot. She stated there is a patio there now, and they are making it smaller and won’t be Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) seen from the front yard. She stated she thinks the standards have been met. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 4-0. This item will tentatively go to Village Council on July 11, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Cindy Roth-Wurster, Commissioner SECONDER: John Pirog, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Pirog ABSENT: McGinn, Cavanaugh VILLAGE OF PALATINE Page 11 Packet Pg. 12  2.1 Minutes Zoning Board of Appeals June 28, 2022 4. 110 N. Benton Street - Recommended to Approve Notice was published in the Daily Herald on June 13, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Variation 2. Proof of Ownership 3. Plat of Survey 4. Site Plan 5. Elevations Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) 6. Public Notice Sworn in the petitioner: Mr. Chris Curry Representative of Archadeck of Chicagoland 395 W Northwest Hwy Mr. Curry stated they are proposing to demolish the existing deck and build new deck that encroaches into the setback. He explained with the yard layout this is the only way to make good yard space. He stated it won’t alter the locality and will allow more functional use of the yard and increase the value of property. Ms. Wood asked about the variation for the existing deck. Mr. Bradshaw explained the existing deck received a variation for setback relief was given in 1996. Ms. Wood asked if this is bigger. Mr. Curry explained the new deck is approx. 237 sq.ft. Ms. Wood asked how much bigger the new deck is. Mr. Curry stated they are demoing approx. 175sqft and the new one is approx. 236 sq.ft. Ms. Wood asked if they just want a bigger deck. Mr. Curry explained they are adding the lower area to add more functionality to use in backyard. Ms. Wood asked staff about lot coverage percentages. Mr. Bradshaw stated the existing is approx. 57% and they are increasing to approx. 58%. Ms. Wood asked if they were approved previously for the 57%. Mr. Bradshaw answered, yes. Mr. Bradshaw gave a brief overview stating the subject property is zoned R2 single family and annexed into Village in 1869. He stated it is a substandard lot with approx. 4350 sqft. He stated the existing lot coverage is approximately 57% (2,499 sf) which exceeds the maximum 45% lot coverage by 540 sf. Mr. Bradshaw stated the petitioner is proposing to reconfigure the deck adding VILLAGE OF PALATINE Page 12 Packet Pg. 13  2.1 Minutes Zoning Board of Appeals June 28, 2022 approximately 20 sqft to the overall lot coverage. He pointed out the existing deck was granted setback relief in 1996 and this setback will be maintained. He stated Community Services and Engineering have reviewed and have no issues. Mr. Pirog clarified the setback is maintained and asked where the increase is. Mr. Bradshaw referred to existing condition to show area of removal and expansion. Ms. Roth-Wurster clarified there are differences in the existing and proposed elevations. Mr. Bradshaw answered, yes. Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) STAFF RECOMMENDATION: The Petitioners are requesting to replace and reconfigure the existing deck off the rear of their home. At 57%, the property currently exceeds the maximum lot coverage (45%) as the existing deck received a Variation in 1996 for setback relief, and was approved prior to lot coverage regulations. As the proposed deck will maintain the previously granted setback, Staff believes it will not alter the essential character of the area. The proposed deck will further increase the overall lot coverage that already exceeds the maximum permitted. The Village Engineer did not identify any storm water management issues with the Subject Property. However, the Subject Property size is substandard and creates a hardship for the homeowner, restricting improvements to the lot. Therefore, Staff recommends approval of the requested Variation, subject to the following condition: 1. The Variation shall substantially conform to the site plan submitted by the Petitioners, Randy & Rebecca Poznan on 5/19/2022, except as such plans may be changed to conform to the Village’s Codes and Ordinances There were no further questions. The public hearing was closed. Mr. Pirog made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster DELIBERATIONS: Mr. Pirog spoke to the standards. He stated the deck is currently in place not increasing distance to the property line. He pointed out the uniqueness with the substandard lot size. Ms. Roth-Wurster agreed with Mr. Pirog. She stated it is unique circumstance and won’t alter character of neighborhood. She stated Archadeck does a nice job and it will allow better use of deck. She stated there is no water issues so is less concerned with lot coverage. VILLAGE OF PALATINE Page 13 Packet Pg. 14  2.1 Minutes Zoning Board of Appeals June 28, 2022 Ms. Wood spoke to the reasonable return and uniqueness. She stated it is a slight increase in lot coverage and no issues in past with storm water. She stated she thinks the standards have been met. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 4-0. This item will tentatively go to Village Council on July 11, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: John Pirog, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) AYES: Roth-Wurster, Wood, Luszczak, Pirog ABSENT: McGinn, Cavanaugh VILLAGE OF PALATINE Page 14 Packet Pg. 15  2.1 Minutes Zoning Board of Appeals June 28, 2022 5. 619 E. Dundee Road - Recommended to Approve Notice was published in the Daily Herald on June 13, 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. Floor Plan Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) 6. Elevation 7. Public Notice Sworn in the petitioner: Mr. Alton Klein director of Design and Entitlements for Kids Empire 620 Arrow Highway California Mr. Klein stated Kids Empire is an indoor playground for kids 12 and under. He referred to slides to show proposed play equipment. He stated they do not offer drop off services and required parents to be with children at all times. Mr. Klein stated they sell only prepackaged food. He stated during birthday parties they will contract with local bakery and pizzeria to provide those items. He explained these items will be provided on demand because they will have no storage facility for them. He stated these type of facilities are in demand for children to play in a safe area. Mr. Klein stated they currently have 35 parks open and design and operate within the realm of the local jurisdictions public health and welfare with the considerations of their guest public safety and health. He stated they have employees on site to monitor child safety and clean every night. He stated they would not cause injury to property values. Mr. Klein referred to slide to show location next to Hobby Lobby and stated they will have no music outside. Ms. Wood pointed out there is a lot of parking so there is no concern. She stated there is a lot of seating that takes up a lot of the floor plan. She asked about parents being required to stay for birthday parties. Mr. Klein stated they don’t want to be in a daycare use. He stated the parents are responsible for their own children even during parties. Ms. Roth-Wurster asked if this size is standard. Mr. Klein explained their locations range in size. He spoke to other venues they have. He agreed there are many tables but stated they never get to capacity. Ms. Bremanis gave a brief overview of the business plan including hours and staff and guest occupancy. She stated the parking plaza is well over parked. She stated Community Services, Environmental Health and Fire Prevention have all reviewed and did not identify any issues. Ms. Bremanis referred to the existing conditions slides to show conceptual sign and location. STAFF RECOMMENDATION: VILLAGE OF PALATINE Page 15 Packet Pg. 16  2.1 Minutes Zoning Board of Appeals June 28, 2022 The proposed business is occupying a vacant space in the Deer Grove Shopping Center. This use is compatible with the other retail, service, and restaurant uses that presently occupy the shopping center. The proposed use should not alter the essential character of the locality. Therefore, Staff recommends approval of the Special Use, subject to the following conditions: 1. The Special Use shall substantially conform to the floor plan and business plan prepared by the petitioner dated 04/30/2022, except such plans may be changed to conform to Village Codes and Ordinances. There were no further questions. The public hearing was closed. Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) Mr. Pirog made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster DELIBERATIONS: Mr. Pirog stated it is a good use of property. He stated he likes that parent have to stay for safety issues. Ms. Roth-Wurster stated it meet the standards. She pointed out they have a lot of locations and there are no parking issues. Ms. Wood stated the standards have been met. She stated there is a need for indoor recreation facilities in Palatine. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 4-0. This item will tentatively go to Village Council on July 11, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: John Pirog, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Pirog ABSENT: McGinn, Cavanaugh VILLAGE OF PALATINE Page 16 Packet Pg. 17  2.1 Minutes Zoning Board of Appeals June 28, 2022 IV. COMMUNICATIONS V. ADJOURNMENT Minutes Acceptance: Minutes of Jun 28, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 17 Packet Pg. 18  3.1 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 07/26/22 07:00 PM CASE STAFF STATEMENT (ID # 7720) 212 S. Bothwell Street TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Kristen Tyree CASE NUMBER: 22-26 ADDRESS: 212 S. Bothwell Street PROPOSAL: Variation to permit lot coverage to be 55%, instead of the maximum permitted 45%. LOCATION: 212 S. Bothwell Street CURRENT ZONING: R-2 Single-Family District 2 (Lamerand) Residential SURROUNDING CONDITIONS: North: R-2 Single-Family Residential South R-2 Single-Family Residential East: R-2 Single-Family Residential West: R-2 Single-Family Residential BACKGROUND: The Petitioner is proposing to replace and expand a deck in the rear yard of the Subject Property. The proposed deck will add approximately 80 square feet to the total existing lot coverage, increasing the total lot coverage from 53%, to approximately 55%. Therefore, the Petitioner is requesting: Variation to permit lot coverage to be 55%, instead of the minimum permitted 45%. SITE ANALYSIS:  The Subject Property is zoned R-2 Single Family. The property is located within the Arthur T. McIntosh & Co.’s Plum Grove Road Development Subdivision and is approximately 7,959 square feet in size. It was annexed into the Village in 1869.  In addition to the home, the property contains a large patio in the rear yard, which is approximately 458 sf. The existing patio was constructed prior to the lot coverage Page 1 Packet Pg. 19  3.1 Case Staff Statement (ID # 7720) Meeting of July 26, 2022 enforcement. The existing lot coverage is approximately 53% (4,240 sf) which exceeds the maximum 45% lot coverage by 740 sf.  The Petitioner is seeking a Variation to remove and replace their existing deck and add approximately 80 sf to the total existing lot coverage, bringing the total proposed lot coverage to approximately 54.5% (4,320 sf).  Per the submitted application, the proposal is justified due to the existing patio not extending up to the house wall. The new deck will make the area safer to access the patio and ultimately make the space more family friendly.  The existing building coverage is within the 35% allowed by Code. The proposed deck complies with required setbacks. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering Staff has seen flood in this area in the past. Village’s Engineers recommend that the lot coverage not be increased to further exceed maximum allowed per Code. Environmental Health N/A Fire Prevention N/A Public Works N/A Police 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 replace and expand a deck off the rear of residence, down to a large existing patio. The proposed deck will mainly be positioned over the existing patio, thus only adding approximately 80 square feet to the total existing lot coverage. Per the submitted plans, the new deck will provide a more gradual descent, and safer access, to the existing patio. However, Staff understands that flooding may be an issue in this area, and the Village Engineer recommends that the lot coverage not be increased as the existing lot significantly exceeds the maximum allowed per Code. Therefore, Staff recommends Page 2 Packet Pg. 20  3.1 Case Staff Statement (ID # 7720) Meeting of July 26, 2022 denial of the requested Variation. If the Zoning Board of Appeals recommends approval, the proposal shall be subject to the following condition: 1. The Variation shall substantially conform to the Site Plan and Elevations submitted by the Petitioner, Kristen Tyree, except as such plans may be changed to conform to the Village’s Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  212 S Bothwell - Plat of Survey  Site Plan  Deck Plans  Elevations  Neighbor Objection Letter - Adams  Public Notice Page 3 Packet Pg. 21  3.1.a 212 S. Bothwell Street W DANIELS RD 39 W 203 S Attachment: Aerial Map (212 S. Bothwell Street - VAR Lot Coverage) 209 S 208 S 212 S S BOTHWELL ST 215 S 220 S 219 S 226 S 223 S R 0 231 S 40 80 232 S 1 in. = 43 ft. Feet Packet Pg. 22  3.1.b Packet Pg. 23 Attachment: Application (212 S. Bothwell Street - VAR Lot Coverage)  3.1.b Packet Pg. 24 Attachment: Application (212 S. Bothwell Street - VAR Lot Coverage)  3.1.b Packet Pg. 25 Attachment: Application (212 S. Bothwell Street - VAR Lot Coverage)  3.1.c Packet Pg. 26 Attachment: 212 S Bothwell - Plat of Survey (212 S. Bothwell Street - VAR Lot Coverage)  3.1.d Packet Pg. 27 Attachment: Site Plan (212 S. Bothwell Street - VAR Lot Coverage)  3.1.e Packet Pg. 28 Attachment: Deck Plans (212 S. Bothwell Street - VAR Lot Coverage)  3.1.e Packet Pg. 29 Attachment: Deck Plans (212 S. Bothwell Street - VAR Lot Coverage)  3.1.e Packet Pg. 30 Attachment: Deck Plans (212 S. Bothwell Street - VAR Lot Coverage)  3.1.e Packet Pg. 31 Attachment: Deck Plans (212 S. Bothwell Street - VAR Lot Coverage)  3.1.f Packet Pg. 32 Attachment: Elevations (212 S. Bothwell Street - VAR Lot Coverage)  3.1.g July 18, 2022 Mr. Bradshaw or Whom is concerned, Kim Adams 205 S Bothwell St. Palatine IL I am contacting You due to the notice of public hearing for the property at 212 S Bothwell St. First thing is to thank you for the notice. When the original house 214 was demolished and 212 built, no one asked or sent notice to me or the neighborhood. Across the street 215 is the same house except for a one-car attached garage and a full basement which 214 had. Oh Yes, the address changed too! I guess Attachment: Neighbor Objection Letter - Adams (212 S. Bothwell Street - VAR Lot Coverage) that was because the other two “Covers the Lot” homes were built at the corner of Daniels & Bothwell St. which the original was one ranch home. Oh Yes!! No one gave Me or the neighborhood a notice. These homes just seem to pop up and no one was notified of a hearing meeting. When I went to the village, I was told that the hearing was done and passed. I am sure these homes would not have been built if the residents next to each property or neighborhood would have known, that the size construction for such large homes had been planned and completed. This is not just South Bothwell but South Brockway and other properties in the Village. When will plans be available to review this new design? What I remember of 212 when talking to inspectors and neighbors to the sides and rear of the property the existing patio is placed up against the back fence. Which is now a new fence as of 2 weeks back and a pagoda. This has caused flooding and drainage problems among neighbors. Again I see no permit in the window and did the neighbors get notice of the new fence. I had a new driveway done the last year 2021 and was approached by the village inspector, if the permit copy was not in the window, fines could be insured and work will not start. Again 212 property, day of the new fence, no permit in window or front of the property but all trucks and material in the front showed up and work completed. I would appreciate it if You could see what happens when on the Village rules you have to be 10’ off the back property line for a garage when all garages were 5’. “See rear line 203 at 10’ and 205 at 5’. Let us talk flooding!! Now it becomes a dump and the flood plan is filled in. I can show You how water runs downhill and You will see lake Winopee behind 205 and Duplex SE corner Rental property Plum Grove & Daniels. Please stop by house 205 or 215 on a day of heavy rain or even better check the corner of Bothwell and Daniels and watch the water run through the basement windows of NE corner property. If the water reaches my driveway my basement goes under, which never happened until oversized-built properties and no permit Apartment raised driveway pitched to the rear not to front Plum Grove Rd. , No place for water to go and soak in. Would like to be a great neighbor! Sorry to the neighbor of 212, they did not build the house. I want to work together with neighbors and that was the way when I moved here and have been here since 1976. Some great changes and some great money-making for the Village. Then the hell with those properties trying to keep it together. Is there any more Commonsense !!! Thanks for Your Concern, Kim Adams Packet Pg. 33  3.1.h CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Northwest Suburbs Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher Attachment: Public Notice (212 S. Bothwell Street - VAR Lot Coverage) of the Northwest Suburbs DAILY HERALD. That said Northwest Suburbs DAILY HERALD is a secular newspaper, published in Arlington Heights and has been circulated daily in the Village(s) of: Arlington Heights, Barrington, Barrington Hills, Bartlett, Buffalo Grove, Deer Park, Des Plaines, Elk Grove, Franklin Park, Glenview, Hanover Park, Hoffman Estates, Inverness, Melrose Park,Morton Grove, Mt Prospect, Niles, Northbrook, Northfield, Northlake, Palatine, Park Ridge, Prospect Heights, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park, South Barrington, Streamwood, Wheeling, Wilmette County(ies) of Cook and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the Northwest Suburbs DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published 07/11/2022 in said Northwest Suburbs DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY ______________________________________________ Designee of the Publisher and Officer of the Daily Herald Control # 4585343 Packet Pg. 34  3.2 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 07/26/22 07:00 PM CASE STAFF STATEMENT (ID # 7758) 936 S. Mallard Court TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Andrew & Katie Hellman CASE NUMBER: 22-28 ADDRESS: 936 S. Mallard Court PROPOSAL: Special Use to permit an addition to be set back 21 feet from the rear lot line, instead of the minimum required 45 feet. LOCATION: 936 S. Mallard Court CURRENT ZONING: R-1B Single-Family District 2 (Lamerand) Residential SURROUNDING CONDITIONS: North: R-1B Single-Family Residential South R-1B Single-Family Residential East: R-1B Single-Family Residential West: R-1A Single-Family Residential BACKGROUND: The Petitioners are proposing to construct a 205 square foot sunroom addition that encroaches approximately 24 feet into the minimum required rear yard setback of 45 feet. The proposed addition will replace the existing deck off the rear of the residence. Therefore, the Petitioner is requesting approval of the following: Special Use to permit an addition to be set back 21 feet from the rear lot line, instead of the minimum required 45 feet. SITE ANALYSIS:  The Subject Property is zoned R-1B Single Family and is part of the Hunting Ridge Unit No. 2 Subdivision.  The Subject Property is approximately 14,500 sf. The lot currently consists of a two- story home that is existing non-conforming to the current required rear yard setback Page 1 Packet Pg. 35  3.2 Case Staff Statement (ID # 7758) Meeting of July 26, 2022 for an R-1B zoned property.  The Subject Property received an Administrative Variation for rear yard setback relief for the existing deck in 1992 (O-94-92). The Admin Variation granted a “Variation of eleven (11) feet to permit a deck to be fourteen (14) feet from the rear lot line…”, which is encroaches an additional seven (7) feet when compared to the pending setback reduction request.  The existing residence is existing non-conforming, as the existing rear yard setback is 14 feet, instead of the required 45 feet. The proposed addition will not encroach into the either side yard setback.  Staff has observed that the two immediately adjacent lots on South Mallard Court have rear yard setbacks similar, between 25 feet - 30 feet, to that which is proposed at the Subject Property.  Per Code, both building and lot coverage are well under the maximum allowed percentage.  The Petitioners have obtained signatures of consent from all immediately adjacent property owners. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering No Issues Identified. Environmental Health N/A Fire Prevention N/A 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 Petitioners are proposing to construct a sunroom home addition off the rear of their existing residence. The Subject Property previously received relief for a rear yard setback reduction for the existing deck. The proposed addition has a smaller footprint and will be setback further from the rear lot line than the existing deck. Additionally, the Page 2 Packet Pg. 36  3.2 Case Staff Statement (ID # 7758) Meeting of July 26, 2022 existing residence as a whole is existing non-conforming to the current required rear yard setback due to the unique layout of the residence on the lot. Therefore, Staff recommends approval of the requested Special Use, subject to the following condition: 1. The Special Use shall substantially conform to the Site Plan and Elevations submitted by the Petitioners, Andrew & Katie Hellman, except as such plans may be changed to conform to the Village’s Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Plat of Survey - Site Plan  Floor Plan  Elevations  Surrounding Property Owners Consent Letter  Existing Conditions  Public Notice Page 3 Packet Pg. 37  3.2.a 936 S. Mallard Court 1141 W 1155 W 1147 W 919 S 932 S Attachment: Aerial Map (936 S. Mallard Court - SU Addition Setback Reduction) 930 S S WHITE WILLOW BAY 934 S 923 S 928 S SM AL LA 941 S RD 936 S CT 938 S 940 S DR 947 S AR D MA LL S 1162 W 1150 W 1023 S 957 S W TERN DR R 0 75 1035 S 150 1 in. = 68 ft. Feet Packet 1001 S Pg. 38  3.2.b Packet Pg. 39 Attachment: Application (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.b Packet Pg. 40 Attachment: Application (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.c Packet Pg. 41 Attachment: Plat of Survey - Site Plan (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.d Packet Pg. 42 Attachment: Floor Plan (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.e Packet Pg. 43 Attachment: Elevations (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.e Packet Pg. 44 Attachment: Elevations (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.f Packet Pg. 45 Attachment: Surrounding Property Owners Consent Letter (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.g Packet Pg. 46 Attachment: Existing Conditions (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.g Packet Pg. 47 Attachment: Existing Conditions (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.g Packet Pg. 48 Attachment: Existing Conditions (936 S. Mallard Court - SU Addition Setback Reduction)  3.2.h CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Northwest Suburbs Attachment: Public Notice (936 S. Mallard Court - SU Addition Setback Reduction) Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the Northwest Suburbs DAILY HERALD. That said Northwest Suburbs DAILY HERALD is a secular newspaper, published in Arlington Heights and has been circulated daily in the Village(s) of: Arlington Heights, Barrington, Barrington Hills, Bartlett, Buffalo Grove, Deer Park, Des Plaines, Elk Grove, Franklin Park, Glenview, Hanover Park, Hoffman Estates, Inverness, Melrose Park,Morton Grove, Mt Prospect, Niles, Northbrook, Northfield, Northlake, Palatine, Park Ridge, Prospect Heights, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park, South Barrington, Streamwood, Wheeling, Wilmette County(ies) of Cook and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the Northwest Suburbs DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published 07/11/2022 in said Northwest Suburbs DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY ______________________________________________ Designee of the Publisher and Officer of the Daily Herald Control # 4585346 Packet Pg. 49  3.3 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 07/26/22 07:00 PM CASE STAFF STATEMENT (ID # 7721) 1835 N. Laurel Drive TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Dennis Galang CASE NUMBER: 22-27 ADDRESS: 1835 N. Laurel Drive PROPOSAL: Special Use to permit a fence in the required front yard. LOCATION: 1835 N. Laurel Drive CURRENT ZONING: R-2 Single-Family District 4 (Solberg) SURROUNDING CONDITIONS: North: R-2 Single-Family Residential South R-2 Single-Family Residential East: R-2 Single-Family Residential West: R-2 Single-Family Residential BACKGROUND: The Petitioner is proposing to expand an existing 6 foot tall solid wood fence to enclose a portion of the required front and interior side yard. The portion of the proposed fence abutting Aster Avenue will have a minimum setback of approximately 8 feet from the front lot line. Therefore, the Petitioner is requesting approval of the following: Special Use to permit a fence in the required front yard. SITE ANALYSIS:  The Subject Property is zoned R-2 Single-Family and part of the Pinehurst Manor Unit One Subdivision. The Subject Property is approximately 10,030 sf, located at the SE corner of the Laurel Drive and Aster Avenue intersection.  The Subject Property contains a single-family residence and an approximately 155 sf frame shed in the southwest corner of the lot. There is also an existing six 6 foot tall solid fence enclosing the required interior side and rear yards Page 1 Packet Pg. 50  3.3 Case Staff Statement (ID # 7721) Meeting of July 26, 2022  The Petitioner is proposing to expand an existing 6 foot solid wood fence to enclose a portion of the required front and interior side yard. The portion of the proposed fence abutting Aster Avenue will be set back a minimum of 8 feet from the front lot line, and will connect back to the northwest corner of the residence.  The proposed fence abuts a portion of the 30 foot front yard of the adjacent neighbor to the east, 855 E. Aster Avenue.  Per the submitted application, the proposed fence will provide additional security and limit passersby from cutting through the Subject Property’s front yard.  Per the submitted application, the Petitioner provided a list of comparable fences on properties within the surrounding neighborhood. All fences listed are either existing non-conforming or were permitted as a fence in a side yard abutting a street. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering No Issues Identified. Environmental Health N/A Fire Prevention N/A 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, will be operated in a manner consistent with the public health, safety, and welfare, and that the Special Use will not have a negative impact on the value of surrounding properties. The Petition for a Special Use is attached, and the Petitioners have attempted to address the required standards. (5) With respect to front yard fencing and fencing in a rear yard/side yard abutting a street, he following additional standards must be met: a. Will meet the following aesthetic criteria: i. Will not destroy existing vistas in the area; ii. Will enhance the appearance of the homes and the streets in the area; and iii. Will not detract from the overall appearance of the community; or b. The fencing is found to be necessary to protect private property or the safety of the inhabitants of the property. Page 2 Packet Pg. 51  3.3 Case Staff Statement (ID # 7721) Meeting of July 26, 2022 STAFF RECOMMENDATION: The Petitioner is proposing to expand an existing fence to enclose a portion of the Subject Property’s required front yard. As the existing fence is in poor condition, the proposal will enhance the appearance of the home. Also, the addition of landscaping along the fence line, between the fence and the sidewalk, will provide an effective buffer and an enhanced vista to the area. Staff understands that there are comparable front yard fences in the area. However, all of the examples that were compiled by the Petitioner are existing non-conforming fences with smaller setbacks from the lot line, and are without landscaping. Therefore, Staff recommends action at the discretion of the Zoning Board of Appeals for the proposed Special Use. If the Special Use is approved, Staff recommends the following condition: 1. The Special Use shall substantially conform to the Site Plan and Elevations submitted by the Petitioner, Dennis Galang, except as said plans may be changed to conform to the Village’s Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Plat of Survey  Site Plan  Neighbor Objection Letter - Antoniou  Public Notice Page 3 Packet Pg. 52  3.3.a 1835 N. Laurel Drive 856 E 862 E 842 E N HOLLY WY 1900 N E ASTER AV Attachment: Aerial Map (1835 N. Laurel Drive - SU Fence) 1836 N 1835 N 855 E 861 E 1830 N DR 1829 N N LAUREL 1824 N 1823 N 860 E 854 E R 0 50 100 1818 N 1817 N 1 in. = 51 ft. Feet Packet Pg. 53  3.3.b Packet Pg. 54 Attachment: Application (1835 N. Laurel Drive - SU Fence)  3.3.b Packet Pg. 55 Attachment: Application (1835 N. Laurel Drive - SU Fence)  3.3.b Packet Pg. 56 Attachment: Application (1835 N. Laurel Drive - SU Fence)  3.3.b Packet Pg. 57 Attachment: Application (1835 N. Laurel Drive - SU Fence)  3.3.c Packet Pg. 58 Attachment: Plat of Survey (1835 N. Laurel Drive - SU Fence)  3.3.d Packet Pg. 59 Attachment: Site Plan (1835 N. Laurel Drive - SU Fence)  3.3.e July 21, 2022 Alex Bradshaw Palatine Planning and Zoning Board RE: Special Use Permit approval for improvements at 1835 N. Laurel Drive Attachment: Neighbor Objection Letter - Antoniou (1835 N. Laurel Drive - SU Fence) Members of the Planning and Zoning Board, My name is Nancy Antoniou. I own the home located at 855 E. Aster Ave., and am the next door neighbor of the Mr. Galang, the homeowner requesting the special use permit for property improvements at the address referenced above. I am one of the few original homeowners left in the Pinewood Manor subdivision, having built the house in 1965. I have lived in this house ever since. Over the years, I have seen several families come and go from Mr. Galang’s house. During this time, one of the homeowners worked together with me and my family to design a fence they would build between the two properties that was of an agreeable height and length, maintaining an aesthetic and safety that we felt was proper for our driveway access, yet still offering them the privacy they wanted to achieve. Recently, that fence has fallen into disrepair, prompting conversation with Mr. Galang on how to rectify the situation. During this conversation, it became clear that Mr. Galang was not aware that the fence was on his property and was his responsibility. Since the fence was not salvageable, we discussed with Mr. Galang some options that might be agreeable to both parties, just as we did with the previous homeowner that built the fence. These options centered around fencing that maintained the aesthetic and safety that we required, but still offered the privacy they were certainly entitled. It was our understanding that one of these options would likely be chosen. Needless to say, we were surprised when we saw the proposed plan, with the significantly larger fence and extended fence line. We have some concerns about the proposed fence, as follows: 1. As you have probably seen from the neighborhood layout, the side yard and the backyard of the property at 1835 North Laurel borders the west side of my property and the FRONT of my property. This means that the property line runs parallel to my driveway. It is always a safety concern when trying to back out of my driveway, as my line of sight to view most of the traffic coming into the neighborhood is over the side yard of my neighbor. The proposed fence (and landscaping) enhancement is going to severely obstruct this line of sight. As I back out of my driveway, the back of my vehicle will reach the sidewalk prior to me being able to have a line of sight on to the sidewalk for any type of pedestrian traffic. This is an unnecessary safety concern. 2. Although I realize that the proposed fence is meant to allow for the residents in 1835 North Laurel to have more of a private yard, it will obstruct the front yard of our property at 855 E. Packet Pg. 60  3.3.e Aster Avenue. I believe the ordinance for fencing for 2022 states that a fence cannot protrude into the front yard past the property line. In this case, it would most certainly protrude into the front yard of our property. 3. Aesthetics is another concern. The proposed fence is of significant size, and I will be the neighbor who is most greatly impacted by the view and appearance of this fence in relation to my property. Due to the fence extending well beyond my front property line, it will create a large fenced in area on the side of the house where I park my car and access my home. Any past fencing was never more than 4 feet high in this area, and did not extent past the front of my Attachment: Neighbor Objection Letter - Antoniou (1835 N. Laurel Drive - SU Fence) house. This proposed fence creates an aesthetic that is not acceptable, as well as a safety concern since it presents an opportunity for someone to conceal themselves to avoid my detection when coming and going from my home. If there is any doubt about the concerns I have presented, I invite you to take a visual trip off of Old Hicks Road into the neighborhood, and travel east on Aster Avenue past the home at 1835 North Laurel towards my home. It should give you a great visual and a feel for the aesthetic issues a proposed fence of this size will present. The fence would be one of the first things you will see as you enter the Pinewood Manor subdivision off of Old Hicks Road, not the beauty of the street itself. I respectfully ask that you review these issues in detail, and I thank you for your time and consideration of this matter. Nancy W. Antoniou 855 E. Aster Avenue Packet Pg. 61  3.3.f CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Northwest Suburbs Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the Northwest Suburbs DAILY HERALD. That said Northwest Suburbs DAILY HERALD is a secular newspaper, published in Attachment: Public Notice (1835 N. Laurel Drive - SU Fence) Arlington Heights and has been circulated daily in the Village(s) of: Arlington Heights, Barrington, Barrington Hills, Bartlett, Buffalo Grove, Deer Park, Des Plaines, Elk Grove, Franklin Park, Glenview, Hanover Park, Hoffman Estates, Inverness, Melrose Park,Morton Grove, Mt Prospect, Niles, Northbrook, Northfield, Northlake, Palatine, Park Ridge, Prospect Heights, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park, South Barrington, Streamwood, Wheeling, Wilmette County(ies) of Cook and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the Northwest Suburbs DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published 07/11/2022 in said Northwest Suburbs DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY ______________________________________________ Designee of the Publisher and Officer of the Daily Herald Control # 4585347 Packet Pg. 62  3.4 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 07/26/22 07:00 PM CASE STAFF STATEMENT (ID # 7728) 16 N Brockway Street TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Lyn Bremanis PETITIONER: Tony DeFlippis, Pizza Bella CASE NUMBER: 22-13 ADDRESS: 16 N. Brockway Street PROPOSAL: Special Use to permit a restaurant with a local liquor license, pursuant to Section 11.02 (d) (19) of the Palatine Zoning Ordinance; Variation to permit 230 square feet of total signage, instead of the permitted 75 square feet, pursuant to Section 8.03 (a) (3) of the Palatine Zoning Ordinance; Variation to permit painted signs on the south elevation of the building, pursuant to Section 8.01 (e) (3) of the Palatine Zoning Ordinance; and Variation to permit signage to face the side yard, pursuant to Section 8.01 (e) (8) of the Palatine Zoning Ordinance. LOCATION: 16 N Brockway St CURRENT ZONING: B-1 Shopping Center District 6 (Helms) District SURROUNDING CONDITIONS: North: B-1 Shopping Center District South Planned Development (Palatine Bank and Trust) East: B-1 Shopping Center District West: B-1 Shopping Center District BACKGROUND: The Subject Property was previously occupied by Zimmer Hardware (which closed in 2019). The Petitioner has purchased the property and is proposing to relocate the Page 1 Packet Pg. 63  3.4 Case Staff Statement (ID # 7728) Meeting of July 26, 2022 existing Pizza Bella Restaurant from Northwest Highway to the Subject Property. The proposed restaurant will offer seating, take-out and delivery, as well as liquor service. As part of the proposal, there will be a walk-up window facing Brockway Street. In addition to signage on the front of the building, the Petitioner is also proposing some mural style signage on the side of the building. Therefore the Petitioner is requesting approval of the following: Special Use to permit a restaurant with a local liquor license; Variation to permit 230 square feet of total signage, instead of the permitted 75 square feet; and Variation to permit painted signs on the south elevation of the building and to allow signage to face the side yard. SITE ANALYSIS:  The Subject Property is zoned B-1 Shopping Center District and is located within Palatine's Central Business District.  The proposal is a sit down and take-out pizza restaurant (with liquor service) and will contain 82 seats.  The proposed hours of operation are: o Monday - Thursday 10 AM - 10 PM o Friday - Saturday 10 AM - 12 AM o Sunday 10 AM - 9 PM  The building contains three floors totaling 7,895 square feet. The lower level (2,360 square feet) would contain food storage and preparation areas. The main floor would contain the seating area and kitchen (3,885 square feet). The Petitioner is not proposing to make any changes to the second floor (1,650 square feet) and use it solely as storage.  The business plan indicates there will be 10-15 total employees with approximately 40 seats being utilized at a time. The business model forecasts 30% dine in and 70% delivery/take-out.  Per the Zoning Ordinance, 52 parking spaces are required for this use with the first floor restaurant (1/100) and the lower level and second floor (1/300). The Subject Property is located in the Central Business District and allows for the required parking to be waived by the Administrator. Page 2 Packet Pg. 64  3.4 Case Staff Statement (ID # 7728) Meeting of July 26, 2022  The business plan indicates there will be an agreement with Palatine Bank and Trust to utilize their parking lot for evenings and weekends for delivery orders/drivers.  There is on-street parking along Brockway and Slade Streets, as well as public parking lots within close proximity. In addition, the Village recently obtained a parking agreement with the owner of the BMO Harris Building (50 N. Brockway Street) to allow public parking in their parking lots on nights and weekends.  Consistent with other downtown restaurant uses, Staff is proposing a condition requiring employees to enroll and utilize the designated downtown employee parking areas  Per Code, the Subject Property could have a signage totaling a maximum of 78 square feet (one square foot of signage per each linear foot of frontage). The Petitioner is requesting a variation for a two attached signs on the front of the building at 115 square feet and a painted sign and pizza logo at 115 square feet, for a total of 230 square feet. DEPARTMENTAL REVIEWS: Community Services No issues were identified Engineering No issues were identified Environmental Health No issues were identified Fire Prevention No issues were 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. 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. Page 3 Packet Pg. 65  3.4 Case Staff Statement (ID # 7728) Meeting of July 26, 2022 STAFF RECOMMENDATION: The proposed restaurant, to be located within the Central Business District, would be located in an area where restaurants are common and would be compatible with the downtown area. With the available public parking, Staff is comfortable with the parking requirements. In addition, the employees will be required to utilize the downtown employee parking areas. The proposed signage is unique as there is main signage on the front of the building and painted signage of the side that adds architectural interest at a more pedestrian scale (and will not be lit). Staff does not believe that the proposal will alter the essential character of the downtown. Therefore Staff recommends approval of the Special Use and Variations subject to the following conditions. 1. The Special Use shall substantially conform to the Business Plan, Floor Plan, and Sign Elevations submitted by the Petitioner, except as such plan may be changed to conform to the Village of Palatine’s Codes and Ordinances. 2. All employees of Pizza Bella shall enroll in and utilize the designated downtown employee parking areas. ATTACHMENTS:  Aerial  Application  Plat of Survey  Business Plan  Floor Plans  Elevations  Signage  Public Notice Page 4 Packet Pg. 66  3.4.a 16 N Brockway Street W WILSON ST W WILSON ST N BOTHWELL ST 51 W 47 W 39 W 60 N 50 N Village of Palatine Fire Fighter's Memorial 142 W 134 W 110 W N BOTHWELL N GREELEY ST ST St - SU VAR Restaurant) W SLADE ST 51 W 33 W Attachment: Aerial (16 N Brockway 25 N 45 W 43 W 39 W 55 W N BROCKWAY ST 26 N 21 N 18 N 37 N 53 W 49 W 109 W 19 N 14 N 27 N 117 W 25 N 17 N 21 N 17 N 15 N 16 N 15 N 12 N 60 W 56 W 46 W 44 W 42 W 40 W 10 N 8N 32 W 110 W 6N 122 W 100 W 4N W PALATINE RD 105 W 101 W 115 W 6S 8S S BROCKWAY ST 121 W S GREELEY ST 12 S 15 S 20 S 16 S 132 W 24 S R 0 110 220 1 in. = 100 ft. Feet Packet Pg. 67  3.4.b Packet Pg. 68 Attachment: Application (16 N Brockway St - SU VAR Restaurant)  3.4.b Packet Pg. 69 Attachment: Application (16 N Brockway St - SU VAR Restaurant)  3.4.b Packet Pg. 70 Attachment: Application (16 N Brockway St - SU VAR Restaurant)  3.4.c Packet Pg. 71 Attachment: Plat of Survey (16 N Brockway St - SU VAR Restaurant)  3.4.d Packet Pg. 72 Attachment: Business Plan (16 N Brockway St - SU VAR Restaurant)  3.4.d Packet Pg. 73 Attachment: Business Plan (16 N Brockway St - SU VAR Restaurant)  3.4.d Packet Pg. 74 Attachment: Business Plan (16 N Brockway St - SU VAR Restaurant)  3.4.d Packet Pg. 75 Attachment: Business Plan (16 N Brockway St - SU VAR Restaurant)  3.4.e Packet Pg. 76 Attachment: Floor Plans (16 N Brockway St - SU VAR Restaurant)  3.4.e Packet Pg. 77 Attachment: Floor Plans (16 N Brockway St - SU VAR Restaurant)  3.4.e Packet Pg. 78 Attachment: Floor Plans (16 N Brockway St - SU VAR Restaurant)  3.4.f EXTERIOR ELEVATION KEYNOTES PIZZA BELLA 16N Attachment: Elevations (16 N Brockway St - SU VAR Restaurant) · · · · LOOK- NO SWING OUT WINDOW OVER THE SIDEWALK!! Packet Pg. 79  3.4.g Attachment: Signage (16 N Brockway St - SU VAR Restaurant) Keep all Mechanics on backside of wall for weight distribution and ease of maintenance Geared Down Low RPM Motor Internal Spring to Keep Arm Extended New Sign Structure to be located behind existing wall PROPOSED PIZZA BELLA EXTERIOR 15 JUN 2022  3.4.h CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Northwest Suburbs Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the Northwest Suburbs DAILY HERALD. That said Northwest Attachment: Public Notice (16 N Brockway St - SU VAR Restaurant) Suburbs DAILY HERALD is a secular newspaper, published in Arlington Heights and has been circulated daily in the Village(s) of: Arlington Heights, Barrington, Barrington Hills, Bartlett, Buffalo Grove, Deer Park, Des Plaines, Elk Grove, Franklin Park, Glenview, Hanover Park, Hoffman Estates, Inverness, Melrose Park,Morton Grove, Mt Prospect, Niles, Northbrook, Northfield, Northlake, Palatine, Park Ridge, Prospect Heights, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park, South Barrington, Streamwood, Wheeling, Wilmette County(ies) of Cook and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the Northwest Suburbs DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published 07/11/2022 in said Northwest Suburbs DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY ______________________________________________ Designee of the Publisher and Officer of the Daily Herald Control # 4585342 Packet Pg. 81  3.5 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 07/26/22 07:00 PM CASE STAFF STATEMENT (ID # 7719) 375 W. Northwest Highway TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Manny Rafidia CASE NUMBER: 22-25 ADDRESS: 375 W. Northwest Highway (One Taco Dos Tequilas) PROPOSAL: Special Use Amendment to permit an expanded floor plan for an existing restaurant. LOCATION: 375 W. Northwest Highway CURRENT ZONING: B-2 General District 6 (Helms) Business District SURROUNDING CONDITIONS: North: P - Planned Development (Residential - Lexington Oaks Townhomes) South M - Manufacturing / U - Utility/Municipal (Vacant Grassland) East: B-2 General Business District (Steven’s Pointe) West: P - Planned Development (Residential - Hidden Prairie Townhomes) BACKGROUND: The Petitioner is proposing to expand the floor plan for an existing restaurant, One Taco Dos Tequilas, into an adjoining tenant space. Per the submitted application, the proposed expansion will be utilized for video gaming, which is considered an ancillary use. Therefore, the Petitioner is requesting approval of the following: Special Use Amendment to permit an expanded floor plan for an existing restaurant. SITE ANALYSIS:  The existing One Taco Dos Tequilas restaurant is proposing to expand their operations into the tenant space north of their current location, all of which is within the Century Plaza Shopping Center. The proposed expansion will add approximately 368 sf to the floor plan, bringing the restaurant’s total to approximately 2,700 sf.  The proposed change to the floor plan will functionally be a Special Use Amendment to the Special Use O-60-19. Page 1 Packet Pg. 82  3.5 Case Staff Statement (ID # 7719) Meeting of July 26, 2022  The limited seating added for the proposed ancillary video gaming use will not impact the parking requirement for the Subject Property.  There are no proposed changes to the hours of operation. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering No Issues Identified. Environmental Health N/A Fire Prevention N/A 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 Petitioner is proposing to expand the floor plan of their existing restaurant into a vacant tenant space directly adjacent to the current location. As the additional seating associated with the expanded floor plan is limited the parking requirement will remain the same. Furthermore, the new space’s proposed ancillary use will not change the current hours of operation. Therefore, Staff recommends approval of the requested Special Use Amendment with the following condition: 1. The Special Use shall substantially conform to the Floor Plan submitted by the Petitioner, Manny Rafidia, except as such plans may be changed to conform to the Village’s Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Business Plan  Floor Plan  Public Notice Page 2 Packet Pg. 83  3.5.a 3 7 5 W. N o r t h w e s t H i g h w a y ( O n e Ta c o ) 509 W 496 W 802 N 775 N 371 W 387 W 379 W 395 W N WINCHESTER DR 769 N 763 N 757 N 751 N 456 W WN OR THW 459 W EST HW 451 W Y Attachment: Aerial Map (375 W. Northwest Hwy - SU Amend) 395 W 385 W 383 W CT 686 N IE PR 381 W AI R EN IDD 377 W 315 W NH 375 W 317 W 679 N677 N675 N 671 N 319 W 373 W 321 W 323 W 371 W 325 W 327 W 369 W 659 N657 N655 N 651 N649 N 367 W 331 W 365 W 363 W 333 W 361 W 335 W 359 W 345 W 337 W 341 W 357 W 339 W 639 N637 N635 N 631 N629 N 355 W 619 N617 N615 N 611 N609 N 589 N 591 N 593 N R 595 0 N 110 220 597 N 1 in. = 102 ft. Feet 599 N Packet Pg. 84  3.5.b Packet Pg. 85 Attachment: Application (375 W. Northwest Hwy - SU Amend)  3.5.b Administrative Special Use Required Materials Additional Materials (as required by the Village) Filing Fee of $ ______ Elevation Plan (front, side, and rear elevations of a proposed building), and/or Floor Plan (proposed interior layout) one 11x17 copy of Plat of Survey (must show all current each plan, electronic versions preferred improvements and be sealed by an Illinois Engineering Plans (must indicate existing certified surveyor) conditions, topography, storm water r plan (dimension, location, management, tree preservation, utility and setbacks of all existing and proposed connections, detention calculations, and a cost buildings) one 11x17 copy each, estimate) electronic version preferred Photographs (e.g. ground-level or aerials) Attachment: Application (375 W. Northwest Hwy - SU Amend) Real Estate Interest Disclosure Form (see Other materials as deemed necessary by the attached) Village Insurance Policy, Deed, or Purchase Contract) Petitioner Justification The Petitioner is required to present specific evidence related to each of the following standards to justify the request (paraphrased from Section 14.05 of the Palatine Zoning Ordinance). Answer the items below and attach a separate sheet if necessary. If you are applying for a Variation only, you do not need to answer these items. 1. The use is deemed necessary for the public convenience at that location ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. The use is designed, located, and proposed to be operated that the public health, safety and welfare will be protected ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. The use will not cause substantial injury to nearby property values ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. With respect to live entertainment uses, the use shall not: a. Produce noise levels so great as to constitute an unreasonable interference for persons outside the confines of the establishment b. Impose undue health, sanitation or safety burdens on the village c. Create excessive demands on the Village of Palatine Police Department d. Be of a nature otherwise prohibited by law or village ordinance 5. For fence standards, see Section 14.05 of the Palatine Zoning Ordinance ______________________________________________________________________________ ______________________________________________________________________________ Page 4 of 9 Packet Pg. 86  3.5.c One Taco Palatine, Inc. d/b/a One Taco Dos Tequilas 375 W. Northwest Hwy. Palatine, IL 60067 Addendum to Business Plan to add video gaming. The proposed gaming room is located to the right of the main bar and restaurant and only accessible through the main bar. The only entrance into the gaming room is located next to the hostess station and across from the bar. The gaming area will be private and only persons 21 years of age or older will be allowed in the gaming area. The hostess/bartender on staff will monitor the entry and require valid identification before allowing entry at all times to ensure patrons 21 years of age or older are allowed access. There shall be no additional seating in the Attachment: Business Plan (375 W. Northwest Hwy - SU Amend) gaming room, only the players shall be allowed in this gaming area. A staff member shall physically monitor and walk through the gaming area at a minimum of every 30 minutes. The games will not be visible from the outside. The gaming room will have six (6) video gaming terminals. The gaming terminals will be installed, maintained and monitored by J&J Ventures. J&J Ventures will have specific cameras on the gaming terminals and cash machine, with DVR and motion detection camera alarm for the gaming area. Packet Pg. 87  3.5.d Packet Pg. 88 Attachment: Floor Plan (375 W. Northwest Hwy - SU Amend)  3.5.d Packet Pg. 89 Attachment: Floor Plan (375 W. Northwest Hwy - SU Amend)  3.5.e CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Northwest Suburbs Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the Northwest Suburbs DAILY HERALD. That said Northwest Suburbs DAILY HERALD is a secular newspaper, published in Attachment: Public Notice (375 W. Northwest Hwy - SU Amend) Arlington Heights and has been circulated daily in the Village(s) of: Arlington Heights, Barrington, Barrington Hills, Bartlett, Buffalo Grove, Deer Park, Des Plaines, Elk Grove, Franklin Park, Glenview, Hanover Park, Hoffman Estates, Inverness, Melrose Park,Morton Grove, Mt Prospect, Niles, Northbrook, Northfield, Northlake, Palatine, Park Ridge, Prospect Heights, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park, South Barrington, Streamwood, Wheeling, Wilmette County(ies) of Cook and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the Northwest Suburbs DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published 07/11/2022 in said Northwest Suburbs DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY ______________________________________________ Designee of the Publisher and Officer of the Daily Herald Control # 4585344 Packet Pg. 90  3.6 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 07/26/22 07:00 PM CASE STAFF STATEMENT (ID # 7759) 1565 N. Quentin Road TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Munir Rafidia CASE NUMBER: 22-29 ADDRESS: 1565 N. Quentin Road PROPOSAL: Special Use to permit a packaged liquor store. LOCATION: 1565 N. Quentin Road CURRENT ZONING: Planned Development District 1 (Millar) (Ellen Plaza) SURROUNDING CONDITIONS: North: P - Planned Development (Insignia Homes - Residential Townhomes) South Cook County (Jelly Café) East: R-1 Single-Family (Vacant) West: Deer Grove Forest Preserve BACKGROUND: The Petitioner is proposing to open a new packaged liquor store, Inverness Wine & Spirits. Therefore, the Petitioner is requesting approval of the following: Special Use to permit a packaged liquor store. SITE ANALYSIS:  The Subject Property, zoned Planned Development, is located within the shopping center at the northeast corner of Dundee Road and Quentin Road.  The subject tenant space was previously granted a Special Use to operate as a health club greater than 3,000 sf. However, the health club has since closed and the tenant space has been vacant since April of 2017.  Per the submitted Business Plan, the hours of operation are: o Monday - Thursday: 11 AM - 9 PM Page 1 Packet Pg. 91  3.6 Case Staff Statement (ID # 7759) Meeting of July 26, 2022 o Friday - Saturday: 11 AM - 10 PM o Sunday: 12 PM - 8 PM  In addition to alcohol, the Business Plan states that the store will also sell candy, snacks (e.g. prepackaged chips, peanuts, etc.), and soft drinks.  Per the submitted Business Plan, the Petitioner will utilize the rear door to the alley behind the building for all deliveries. All daily deliveries will be limited to between 1-3 PM. Additionally, all trash and recycling will be stored in the premises and will have a nightly service for disposal of all discarded cardboard/recycling materials.  The Business Plan indicates that there will be four part-time employees and three full-time employees, all of which will be obtain BASSET certification.  The parking requirement would not change with this proposed use. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering No Issues Identified. Environmental Health N/A Fire Prevention No Issues Identified. Public Works N/A Police No Issues Identified. 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 subject tenant space was previously granted a Special Use to operate as a health club, but has been vacant since 2017. The Petitioner is proposing to open a liquor store to fill the space and take advantage of the busy Dundee Road and Quentin Road intersection. The surrounding area consists of residential town homes to the north and Jelly Café to the south. Staff understands that the proposed hours of operation are significantly later than the other tenants within the Plaza. However, the impact on the adjacent residential properties is diminished due to the tenant space being located on the far south end of the Plaza, by having deliveries occur only during the day, between 1 and 3 PM, and by Page 2 Packet Pg. 92  3.6 Case Staff Statement (ID # 7759) Meeting of July 26, 2022 scaling back the hours of operation to be open no later than 10 PM on Friday and Saturday. Therefore, Staff recommends approval of the proposed Special Use, subject to the following condition: 1. The Special Use shall substantially conform to the Business Plan and Floor Plan submitted by the Petitioner, Munir Rafidia, except as such plans may be changed to conform to the Village of Palatine Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Business Plan  Floor Plan  Plat of Survey  Public Notice Page 3 Packet Pg. 93  3.6.a 1565 N. Quentin Road 774 W 770 W 1591 N 1585 N 790 W 786 W 778 W 1583 N 789 W 785 W 777 W W MISTY DR 1575 N Attachment: Aerial Map (1565 N. Quentin Road - SU Liquor Store) 775 W 773 W 771 W 780 W 1567 N N QUENTIN RD N HAVEN 769 W 1547 N DR 1589 N 1585 N 1531 N 1581 N 1577 N 1573 N 1569 N RD 1565 N DEE W DUN 1561 N 1557 N 739 W 755 W 795 W R 1490 N 0 110 220 1451 N 1 in. = 102 ft. Feet Packet Pg. 94  3.6.b SPECIAL USE & VARIATION APPLICATION Department of Planning & Zoning 200 E. Wood Street  Palatine, IL  60067-5339 Telephone: (847) 359-9047  Fax (847) 963-6247 Project Planner Zoning Case # Office Use Only Filing Fee Notification Deadline ZBA Public Hearing Date Village Council Date Attachment: Application (1565 N. Quentin Road - SU Liquor Store) date received PETITIONER(S) Business Name (if applicable) Munir Rafidia Inverness Wine & Spirits Subject Property Address 1565 N. Quentin Rd, Palatine, IL 60074 AUTHORIZED AGENT (if applicable) Business Name (if applicable) Munir Rafidia Address City/State/Zip Code PO Box 315, Itasca, IL 60143 Telephone Fax Email (847) 921-9200 crmadison@gmail.com Relationship to Petitioner (contractor, architect, etc.) Owner TYPE OF APPLICATION (check one) □ Special Use □ Special Use Amendment □ Variation Background Information Existing Zoning District Existing Land Use Proposed Land Use B-2 Retail Retail Generally describe your request: _________________________________________________________________________________ We are requesting the permission for a special use to open a wine and spirit retail store to serve the northwest portion of palatine communites. We believe this location will attract customers from the surrounding communities, _________________________________________________________________________________ such as, Inverness, Barrington, and surrounding Palatine neighborhoods. This _________________________________________________________________________________ establishment will serve high-end wine, spirits, beer, and craft beer. _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Page 2 of 9 Packet Pg. 95  3.6.b Administrative Special Use Required Materials Additional Materials (as required by the Village) Filing Fee of $ ______ Elevation Plan (front, side, and rear elevations of a proposed building), and/or Floor Plan (proposed interior layout) one 11x17 copy of Plat of Survey (must show all current each plan, electronic versions preferred improvements and be sealed by an Illinois Engineering Plans (must indicate existing certified surveyor) conditions, topography, storm water r plan (dimension, location, management, tree preservation, utility and setbacks of all existing and proposed connections, detention calculations, and a cost buildings) one 11x17 copy each, estimate) electronic version preferred Attachment: Application (1565 N. Quentin Road - SU Liquor Store) Photographs (e.g. ground-level or aerials) Real Estate Interest Disclosure Form (see Other materials as deemed necessary by the attached) Village Insurance Policy, Deed, or Purchase Contract) Petitioner Justification The Petitioner is required to present specific evidence related to each of the following standards to justify the request (paraphrased from Section 14.05 of the Palatine Zoning Ordinance). Answer the items below and attach a separate sheet if necessary. If you are applying for a Variation only, you do not need to answer these items. 1. The use is deemed necessary for the public convenience at that location ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. The use is designed, located, and proposed to be operated that the public health, safety and welfare will be protected ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. The use will not cause substantial injury to nearby property values ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. With respect to live entertainment uses, the use shall not: a. Produce noise levels so great as to constitute an unreasonable interference for persons outside the confines of the establishment b. Impose undue health, sanitation or safety burdens on the village c. Create excessive demands on the Village of Palatine Police Department d. Be of a nature otherwise prohibited by law or village ordinance 5. For fence standards, see Section 14.05 of the Palatine Zoning Ordinance ______________________________________________________________________________ ______________________________________________________________________________ Page 4 of 9 Packet Pg. 96  3.6.c Ellen Plaza June 24, 2022 1557 – 1589 N. Quentin Rd, Palatine, IL 60074 Business Plan: Inverness Wine & Spirits Dear Mayor and Board of Trustees, Please see attached business plan and layout of proposed wine and spirit facility at 1565 N. Quentin Rd, Palatine, IL 60074. Attachment: Business Plan (1565 N. Quentin Road - SU Liquor Store) We are proposing to seek a full liquor license to sell high end wine, spirits, and craft beer. We believe we will attract business from Inverness, Barrington, and Palatine areas. Our hours of operation will be: This establishment will employ four part-time employees and three full-time employees. All employees will have a basset certificate from the Village of Palatine in order to be hired for work. We will diligently check every person’s I.D. regardless of their age and set high standards for the workplace environment. Also, this establishment will be ADA compliant. Furthermore, we are installing a surveillance system throughout the place to cover the entrance and exits. The system will save surveillance footage for approximately 30 days. The deliveries will be limited between 1-3PM daily and will be delivered through the back door. Lastly, we will sell candy, snacks (e.g chips, peanuts, etc.), and soft drinks. We hope that you will approve our above request. Please do not hesitate to contact me at (847) 921-9200 or crmadison@gmail.com. Kind regards, Manny Rafidia Packet Pg. 97 Business Plan Addendum 7/20/22 3.6.c Please find my responses below to address the concerns presented by the Residential Board for the townhomes to the north of the property. We intend to dispose of the trash and recycling in the following manner. We will store all cardboard broken down boxes, etc., in the premises and have a nightly service for disposal of all discarded cardboard/recycling materials. The store will produce a minimum amount of trash, which will be disposed of in a regular 96-gallon container and picked up on the same weekly schedule as the other tenants at the property. Images of the interior window signage is attached; one logo will be placed in every other window pane. With regards to ownership experience. The owner, Manny Rafidia, has opened multiple wine & spirit stores, Armanetti Beverage Mart in Roselle along with the buildout of Armanetti’s in Bartlett and the Attachment: Business Plan (1565 N. Quentin Road - SU Liquor Store) Wine Cellar in Palatine. Manny has several family members along with the younger generation as part of his real estate and retail business operations. Jeremy and Amir Rafidia, sons of Manny along with Henry and Mark Rafidia, Manny’s nephews and Manny’s brother Ed Rafidia, who is also a partner in all real estate owned, including Ellen Plaza. In addition, Manny has opened many restaurants, including One Taco Dos Tequilas located at 375 W. Northwest Hwy. in Palatine which is estimated to generate approximately two million dollars in sales this year. Also, the newly opened Hot Pockets Sports Bar located at 365 W. Northwest Hwy. with estimated annual sales to be approximately two million dollars. Both Manny and his brother Ed have over 40 years of both real estate and retail business experience. The family members help operate all the business and Manny will assign one member to perform the day-to-day operations. We are open to working with the neighboring townhome board members on our hours of operation. We propose our hours of operation Monday-Thursday 11:00 am-9:00 pm, Friday-Saturday 11:00 am- 10:00 pm and Sunday from 12:00 pm-8:00 pm. To address the issues of traffic from cars attempting to utilize the rear gated-drive that connect the two adjacent properties, there is a gate that is locked by the home owner’s association. If it is required to have any additional security measures taken other than the currently locked gate, we are willing to work with the association. Manny has been in contact with Pamela Wilkinson, President of Forest Glen Association and a situation was discussed about an issue they have had from the Animal Hospital, as to where there were droppings from the pets on their property, it was suggested that we put up a fencing barrier between the properties to eliminate this issue. In conclusion, we believe the Ellen Plaza had suffered from high vacancies throughout the years and an upscale fine wine and spirits store will help create a stable, long term and viable business in the neighborhood. Manny and his team have successfully purchased distressed shopping centers in Addison, Roselle, Bartlett and Montgomery and has performed a complete over hall, not only in beautifying the centers but also obtaining long term, reputable tenants in these centers. We hope this will address the concerns the association have and would like to reiterate that we are more than willing to work with the association to respond and resolve any further concerns. Packet Pg. 98  3.6.d Packet Pg. 99 Attachment: Floor Plan (1565 N. Quentin Road - SU Liquor Store) Packet Pg. 100 3.6.e Attachment: Plat of Survey (1565 N. Quentin Road - SU Liquor Store)  3.6.f CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Northwest Suburbs Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the Northwest Suburbs DAILY HERALD. That said Northwest Attachment: Public Notice (1565 N. Quentin Road - SU Liquor Store) Suburbs DAILY HERALD is a secular newspaper, published in Arlington Heights and has been circulated daily in the Village(s) of: Arlington Heights, Barrington, Barrington Hills, Bartlett, Buffalo Grove, Deer Park, Des Plaines, Elk Grove, Franklin Park, Glenview, Hanover Park, Hoffman Estates, Inverness, Melrose Park,Morton Grove, Mt Prospect, Niles, Northbrook, Northfield, Northlake, Palatine, Park Ridge, Prospect Heights, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park, South Barrington, Streamwood, Wheeling, Wilmette County(ies) of Cook and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the Northwest Suburbs DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published 07/11/2022 in said Northwest Suburbs DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY ______________________________________________ Designee of the Publisher and Officer of the Daily Herald Control # 4585346 Packet Pg. 101