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Zoning Board

Regular Meeting

Palatine, IL · August 9, 2022

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Minutes

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 ● AUGUST 9, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER Attendee Name Title Status Arrived Cindy Roth-Wurster Commissioner Present Jan Wood Commissioner Present Jerry Luszczak Commissioner Present Theodore McGinn Commissioner Absent Kevin Cavanaugh Commissioner Present John Pirog Commissioner Present II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - Jul 26, 2022 7:00 PM Mr. Luszczak made a motion to approve the minutes of July 26, 2022; Seconded by Ms. Roth-Wurster RESULT: ACCEPTED [UNANIMOUS] MOVER: Jerry Luszczak, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: McGinn VILLAGE OF PALATINE Page 1 Minutes Zoning Board of Appeals August 9, 2022 III. PUBLIC HEARING 1. 433 N. Stark Drive Notice was published in the Daily Herald on July 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use 2. Proof of Ownership 3. Plat of Survey 4. Site Plan 5. Fence Elevation 6. Public Notice Sworn in staff: Mr. Alex Bradshaw Sworn in petitioner: Mr. Jeremy Hall and Ms. Amanda Hall 433 N Stark Drive. Mr. Hall stated they were before the board a month ago with the same request. He stated they took the comments and revised the proposal. He explained they pulled the 6ft back to setback for zoning and are asking for a 4ft fence in the front yard setback. Mr. Hall stated they also pulled back to 5ft setback. He explained per the zoning ordinance due to the lot line along Stark being 8ft shorter than Wilton is considered their front yard. He pointed out the fence would be permitted if the lot line along Stark was 8ft longer. Mr. Hall stated they took in account the site lines from the neighbor which is farther than others in the area. He stated he doesn’t see an issue and neither does neighbors. He spoke to security issues and explained they want to secure their rear yard and are just asking to fence in their yard like all their neighbors. Mr. Pirog asked if the neighbors have issues with the revised plan. Ms. Hall answered no pointing out they have provided affidavits of approval. Mr. Bradshaw gave a brief overview explaining the proposed fence abuts the front yard of the yard to the north. He stated the petitioner is aware of the original line of site issues and have presented consent from the adjacent neighbor. Mr. Bradshaw stated the petitioner has altered the original request to be a 4ft picket style throughout the entire front yard referring to site plan slide. He stated Community Services and Engineering have reviewed and have no issues. 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 5 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 VILLAGE OF PALATINE Page 2 Minutes Zoning Board of Appeals August 9, 2022 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 previously identified a potential line of sight question for the property directly to the north (441 N. Stark Drive), abutting the required front yard of the Subject Property. The proposed fence plan has been amended to maintain a 4-foot tall open-style fence through the entire 30 foot required front yard. Staff did not identify any other negative impacts the proposed fence would have on the overall appearance of the surrounding neighborhood. 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 elevation plan submitted by the Petitioners, Amanda and Jeremy Hall, 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 Mr. Cavanaugh DELIBERATIONS: Mr. Pirog stated the standards including the extra standards for fences have been met and this is a reasonable request. Ms. Wood agreed the standards have been met specifically for aesthetics for fences. Ms. Roth-Wurster stated had it been higher she may have an issue. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on August 15, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: John Pirog, Commissioner SECONDER: Kevin Cavanaugh, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: McGinn VILLAGE OF PALATINE Page 3 Minutes Zoning Board of Appeals August 9, 2022 2. 1835 N. Laurel Drive Notice was published in the Daily Herald on July 11, 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. Updated Site Plan 5. Site Plan 6. Neighbor Objection letter- Antoniou 7. Public Notice 8. Objector Letter 9. Objector Letter Mr. Bradshaw gave a brief history of request stating the item was initially reviewed at the July 26th ZBA meeting and was continued to determine if the petitioner and the adjacent property owner wanted to further discuss the proposed plan and any alternatives. He stated the petitioner determined that they would like to proceed with the site plan presented at the July 26th meeting, which provides an approximately 14-foot setback from the front property line therefore, Staff maintains its recommendation of action at the discretion of the Zoning Board of Appeals. Sworn in petitioner: Mr. Dennis Galang 1835 N Laurel Drive Mr. Galang explained they are requesting a special use for 6ft fence with a 14ft setback. He stated he and his wife believe the fence will give added security and protection and privacy and secure play area for sons. He stated the fence will give peace of mind for added security for sons’ bedroom. Mr. Galang explained they have had people walk close to their son’s bedroom so this is why they had this idea. He stated he thinks it meets the standards, won’t destroy the vista and will enhance the property. He pointed out the direct neighbor have a similar structure and layout. Mr. Galang stated he knows the neighbor objects but has attempted to address their concerns by moving the original request back to 14ft to help with the line of site. He pointed out the neighbors’ shrubs are as far back so will not create a new issue. Mr. Pirog asked if the fence will remain or be replaced. Mr. Galang explained it will be replaced and pushed back. Ms. Wood asked if they considered other types of fences. Mr. Galang stated they liked the neighbors design and thinks it will blend more with the neighborhood. Ms. Roth-Wurster asked about the concern of people on their property is with VILLAGE OF PALATINE Page 4 Minutes Zoning Board of Appeals August 9, 2022 them cutting across or going in yard. Mr. Galang stated he is unsure. He stated he assumes they are cutting across. Ms. Roth-Wurster clarified they are looking for a 6ft privacy fence. Mr. Galang answered yes explaining they found cigarettes outside their kid’s window, which worried his wife. He stated the purpose of the fence is to keep his family safe. Ms. Roth-Wurster asked if the property line goes to the sidewalk. Mr. Galang stated he thinks so. Mr. Bradshaw explained the property line is typically 1ft beyond the sidewalk. Mr. Bradshaw gave a brief overview of request stating the request was reviewed at the July 26th ZBA meeting. He pointed out though not discussed prior the existing fence is being removed which will provide additional alleviation of the line of site concerns. He stated Community Services and Engineering have reviewed and have no issues. Sworn in Mr. Greg Antinou 855 E Aster Avenue Mr. Antinou stated they waited for contact from Mr. Galang, but never heard from them to discuss options. He stated he is before the board with the same request as last the meeting and restated his concerns with a fence in his mom’s front yard. He restated his preference on fence location and line of site concerns. Mr. Antinou stated they have come up with multiple proposals. He pointed out the petitioner has a chain link fence on the other side of the property and is unsure why they can’t do the same on this side. Mr. Antinou stead he thinks a 4ft fence would be suffice to give the petitioner what they are looking for. Ms. Wood asked if his mother’s objections is more aesthetics or safety. Mr. Antinou stated he doesn’t think 14ft is legitimate for safety and will depend on the vehicle. He referred to the existing conditions slide and spoke to the current fences location that they agreed to allow the previous owner to install. He stated he agrees to allow the 6ft fence to go 8ft longer than existing. Mr. Cavanaugh asked who property the bushes are on is. Mr. Antinou answered theirs. Mr. Cavanaugh asked about the line of site with the bushes and if they could even see the fence, due to the existing height of the bushes. Mr. Antinou explained they have only left bushes grow higher because the fence fell down. Mr. Cavanaugh clarified they let them grow for privacy. Mr. Antinou stated they are not opposed to replacing the current fence but doesn’t want a 6ft fence in their front yard. VILLAGE OF PALATINE Page 5 Minutes Zoning Board of Appeals August 9, 2022 Discussion on current layout of bushes and fencing. Mr. Pirog asked about the current request already splitting the difference. Mr. Antinou stated he is unaware of any split. Ms. Wood referred to existing condition slide to point out the shrubs are 6ft high along the whole lot line. Mr. Antinou explained they let them overgrow because the fence was in bad shape. Mr. Galang stated the neighbors’ request at 31 feet won’t work because it will be right next to their house. Ms. Wood asked if considered moving back to their home. Mr. Galang stated it will be along their bushes so won’t have affect with obstruction because they currently don’t have an issue. Mr. Antinou stated it is 23 ft. to the shrubs which they would be willing to allow a fence there. He pointed out not all neighbors signed off and restated that he spoke to the neighbors who signed off originally and how they may have had different responses Mr. Pirog asked why these neighbors are not in attendance. Mr. Antinou pointed out speaking at meeting is not in the norm and maybe they have other priorities/responsibilities. Mr. Pirog asked staff if they have been contacted by any other neighbors. Mr. Bradshaw answered no. Mr. Bradshaw explained the sign off from the neighbors is not required, but rather additional supporting documents. Ms. Wood asked staff is neighbors can still bring objections before council. Mr. Bradshaw answered yes. 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 VILLAGE OF PALATINE Page 6 Minutes Zoning Board of Appeals August 9, 2022 submitted by the Petitioner, Dennis Galang, 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 Mr. Cavanaugh DELIBERATIONS: Mr. Pirog stated this request is not a slam dunk. He stated staff recommendation spoke to enhancing the appearance which covers some standards and the fence will increase the safety. Mr. Pirog pointed out the shrubs are already more than the fence will be. He stated the 14ft seems enough. Mr. Cavanaugh stated people cut across for short cuts so understands homeowner concern. He stated he agrees with Mr. Pirog and thinks it will improve the appearance of the property. He stated the 14ft will not be an issue for pulling out driveway. Ms. Wood stated the fence satisfies the standard of public health safety and welfare. She stated she understands the privacy and security concerns so the fence makes sense. She stated in her opinion aesthetically the board onboard is not pleasing. Ms. Roth-Wurster spoke to aesthetics and safety. She stated the new fence will look better than what is currently there. She pointed out the standards have changed over many years and the current fence does not look nice and causes safety issues. Ms. Roth-Wurster agreed the board on board isn’t the most pleasant looking but pointed out they have agreed to add landscaping to make look better. She pointed out they can add shrubs further down with.out relief. Ms. Roth-Wurster stated a 6ft fence back 15ft and new will be better than the current situation. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on August 15, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: John Pirog, Commissioner SECONDER: Kevin Cavanaugh, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: McGinn VILLAGE OF PALATINE Page 7 Minutes Zoning Board of Appeals August 9, 2022 3. 165 W. Northwest Highway Notice was published in the Daily Herald on July 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use Amendment 2. Proof of Ownership 3. Plat of Survey 4. Floor Plan 5. Hours of Operation 6. Existing Conditions 7. Public Notice Sworn in petitioner: Mr. Socrates Siliras and Ms. Georgia Siliras 165 W Northwest Highway Mr. Siliras stated they are looking for greater business. He stated times are tough on business these days. He explained they are looking for a Class G full service liquor license with gaming. Ms. Wood clarified the hours won’t change. Mr. Siliras answered no. Ms. Wood clarified they are just reconfiguring seats for gaming and adding a full service liquor license. Mr. Siliras answered yes. Mr. Bradshaw gave a brief overview stating they are proposing to change their current class G liquor license to a class D. He stated the proposal requires a special use amendment to the original special use granted in 1998. He stated per the submitted application and updated floor plan, the seating area in the back right portion of the restaurant will be removed to make space for video gaming, which is considered as an ancillary use. Mr. Bradshaw stated the number of total seats is decreasing, but the total square footage of the restaurant will remain the same therefore the parking requirement will also remain the same. He stated Community Services have reviewed and had no issues. Ms. Wood asked about parking issues. Mr. Siliras stated years ago they were busier but have no issues. Ms. Wood asked about the eat-in and to-go ratio. Mr. Siliras stated most are to go and they also have deliveries with companies like Grub Hub. Ms. Wood asked staff if they know of any complaints in the 15 years business history. VILLAGE OF PALATINE Page 8 Minutes Zoning Board of Appeals August 9, 2022 Mr. Bradshaw stated none that staff is aware of. Ms. Roth-Wurster asked if the bar service will have staff. Mr. Siliras explained there will just be liquor on the wall and a small bar area. STAFF RECOMMENDATION: The Petitioner is proposing to change their liquor license classification and alter the floor plan at their current location on Northwest Highway. The floor plan alteration will eliminate 5 tables, but the total square footage of the restaurant will be unchanged. Therefore the parking requirement for the Subject Property will remain the same. Furthermore, the change in liquor license, and proposed ancillary gaming use, will not change the current hours of operation, as they will continue to be open no later than 9 PM. 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 and hours of operation submitted by the Petitioner, Socrates Siliras, except as such plans may be changed to conform to the Village Codes and Ordinances. There were no further questions. The public hearing was closed. Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Mr. Luszczak DELIBERATIONS: Mr. Cavanaugh pointed out this is a trend that most restaurants are going to. He stated he didn’t know Chiggy’s didn’t have full service license and the request makes sense. Ms. Wood pointed out the business has been in business for 25 years. She stated she has never seen it overcrowded with a lot of business being to go. She stated adding gaming and liquor goes along with the current business trends. Ms. Roth-Wurster agreed. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on August 15, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Jerry Luszczak, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: McGinn VILLAGE OF PALATINE Page 9 Minutes Zoning Board of Appeals August 9, 2022 4. 345 W. Northwest Highway Notice was published in the Daily Herald on July 25, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use Amendment 2. Proof of Ownership 3. Plat of Survey 4. Sign Elevation and Site Plan 5. Public Notice Sworn in petitioner: Mr. Jason Carey CFO of Greater Family Health 345 W. Northwest Highway. Ms. Lisa Sharp - Sharp Architects. Mr. Carey stated they are looking for relief to signage ordinances to exceed the maximum 100 SF. He sated they are asking to increase sign square footage pointing out the actual words are under allowance, but the greater than symbol branding portion puts them over. Discussion on how square footage is calculated. Mr. Bradshaw gave a brief overview stating the subject property is zoned B-2 general business and is located within the Steven’s Point shopping plaza. He stated the Greater Family Health was granted a Special Use for a medical use in 2021. He explained, per the submitted sign elevations, the proposed signage will be approximately 2.5 times larger than what is currently displayed, but will have the same style and text as the existing sign. He noted that 45 square feet of the calculation is actually blank space. He stated the property was granted a signage variation in 1996, but was split between 3 separate signs. He pointed out the façade is setback 330 square feet from property line along Northwest Highway making it difficult for passerby to identify the clinic from the road reducing the number of potential clients. He pointed out similar variations for setback have been approved for centers like Palatine Plaza (ex: Ace Hardware) Mr. Bradshaw stated Community Services have reviewed and per code, the maximum square footage for a single attached sign is 100 square feet however, there has been a comparable variation approved for the Subject Property in the past. STAFF RECOMMENDATION: The Petitioner is proposing to install an attached sign that will be approximately 2.5 times larger than the existing sign. The Subject Property’s front façade is uniquely shaped and has been expanded since the signage Variation was granted in 1996, lending itself to take on a larger attached sign. As the shopping center is set back approximately 330 feet from the property line along Northwest VILLAGE OF PALATINE Page 10 Minutes Zoning Board of Appeals August 9, 2022 Highway, Staff agrees that the larger sign will make Greater Family Health significantly more visible, particularly given the setback from Northwest Highway. Ultimately, the proposed sign should not alter the character of the surrounding area due to the new sign maintaining the same text and style as the existing sign. Additionally, a signage Variation for attached signage square footage was previously granted to the Subject Property, and similar signage Variations have being granted within the Palatine Plaza shopping center, which has a comparable setback from Northwest Highway. As noted, the sign area for the text (“Greater Family Health”) is 82 square feet and the additional square footage is driven by the periphery of the arrow, which increases the square footage to 145 square feet and reflects the Zoning Ordinance’s method for calculating the gross surface area of a sign. Therefore, Staff recommends approval of the requested variation, subject to the following condition: 1. The Special Use shall substantially conform to the Site Plan and Elevations submitted by the Petitioner’s agent, Lisa Sharp, 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. Cavanaugh made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster DELIBERATIONS: Mr. Cavanaugh stated it is the same logo and signage just slightly bigger. He stated they are far from the road so he believes it meets the standards. Ms. Roth-Wurster spoke to the uniqueness being vertical format. Ms. Wood stated everyone wants bigger signs, but this makes sense because of setback and gable. She stated it meets the standards in uniqueness distance and design. She stated she is in favor. Ms. Wood summarized that this request has met the standards and was unanimously approved by a vote of 5-0. This item will tentatively go to Village Council on August 15, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: McGinn VILLAGE OF PALATINE Page 11 Minutes Zoning Board of Appeals August 9, 2022 IV. COMMUNICATIONS V. ADJOURNMENT 1. Motion to Adjourn Mr. Luszczak made a motion to adjourn; seconded by Ms. Roth-Wurster RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS] MOVER: Jerry Luszczak, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, Luszczak, Cavanaugh, Pirog ABSENT: McGinn VILLAGE OF PALATINE Page 12 Minutes Zoning Board of Appeals August 9, 2022 VILLAGE OF PALATINE Page 13

Agenda

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 ● AUGUST 9, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - Jul 26, 2022 7:00 PM III. PUBLIC HEARING 1. 433 N. Stark Drive Special Use to permit a fence in the required front yard. 2. 1835 N. Laurel Drive Special Use to permit a fence in the required front yard. 3. 165 W. Northwest Highway Special Use Amendment to permit a floor plan alteration and to change the liquor license classification for an existing restaurant. 4. 345 W. Northwest Highway Variation to permit an attached sign to be 145 square feet, instead of the maximum permitted 57 square feet. 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 ● JULY 26, 2022 Village Hall - Council Chambers Regular Meeting 7:00 PM I. CALL TO ORDER Attendee Name Title Status Arrived Cindy Roth-Wurster Commissioner Present Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) Jan Wood Commissioner Present Jerry Luszczak Commissioner Absent Theodore McGinn Commissioner Present Kevin Cavanaugh Commissioner Absent John Pirog Commissioner Present II. MINUTES APPROVAL 1. Zoning Board of Appeals - Regular Meeting - Jun 28, 2022 7:00 PM - Accepted RESULT: ACCEPTED [UNANIMOUS] AYES: Roth-Wurster, Wood, McGinn, Pirog ABSENT: Luszczak, Cavanaugh VILLAGE OF PALATINE Page 1 Packet Pg. 2 2.1 Minutes Zoning Board of Appeals July 26, 2022 III. PUBLIC HEARING 1. 212 S. Bothwell Street - Withdrawn RESULT: WITHDRAWN Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 2 Packet Pg. 3 2.1 Minutes Zoning Board of Appeals July 26, 2022 2. 936 S. Mallard Court - Recommended to Approve Notice was published in the Daily Herald on July 11, 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 4. Floor Plan 5. Elevations Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) 6. Surrounding Property Consent letters 7. Existing Conditions 8. Public Notice Sworn in staff: Ms. Lyn Bremanis & Mr. Alex Bradshaw Sworn in the petitioner: Mr. Andrew Hellman 936 S. Mallard Court Mr. Hellman stated they want to add a small addition to the rear and remove an aging deck. He stated they are looking to add a 3 season room that is 20ft wide by 12ft deep. He stated the current structure is 22ft off the rear of the property. Mr. Hellman explained the property is on an angle and they only have 33ft from property line to foundation so under restriction. Ms. Wood asked about current deck size Mr. Hellman stated it is 22 by18 Mr. Pirog asked if there are homes in the rear Mr. Hellman answered yes Mr. Pirog asked if the neighbors have any issues Mr. Hellman stated they signed off consent along with all other neighbors in the rear Ms. Wood asked the reason for the addition Mr. Hellman explained they are looking for additional living space for family gatherings and storage in winter Mr. Bradshaw gave a brief overview explaining all signatures obtained are from immediate adjacent properties. He stated subject property received an Administrative Variation for rear yard setback relief for the existing deck in 1992. He explained the proposed addition will not encroach in the either side yard setback. Mr. Bradshaw stated 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. He stated both building and lot coverage are well under the maximum allowed percentage and Community Services and Engineering have reviewed and have no issues. VILLAGE OF PALATINE Page 3 Packet Pg. 4 2.1 Minutes Zoning Board of Appeals July 26, 2022 Ms. Wood spoke to the unique shaped lot and asked without sunroom or deck would the home have the 45ft required setback Mr. Bradshaw answered no explaining it is closer to 35ft. 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 existing residence as a whole is existing non-conforming to the current required rear yard setback due to the unique layout of the Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) 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, Mr. Hellman & Katie Hellman, 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. Ms. Roth-Wurster made a motion to approve subject staff’s conditions; seconded by Mr. McGinn DELIBERATIONS: Ms. Roth-Wurster stated standards have been met. She pointed out it is helpful to see neighbors with the same condition. She spoke to the standards of uniqueness Mr. McGinn pointed out the lots on White Willow are large so it won’t encroach too much on them. Ms. Wood agreed. She thinks it is good the sunroom is smaller than the deck and is happy neighbors are on board. 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 August 8, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Cindy Roth-Wurster, Commissioner SECONDER: Theodore McGinn, Commissioner AYES: Roth-Wurster, Wood, McGinn, Pirog ABSENT: Luszczak, Cavanaugh VILLAGE OF PALATINE Page 4 Packet Pg. 5 2.1 Minutes Zoning Board of Appeals July 26, 2022 3. 1835 N. Laurel Drive - Continued Notice was published in the Daily Herald on July 11, 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. Neighbor Objection Letter- Antoniou Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) 6. Public Notice Sworn in the Petitioner: Mr. Dennis Galang 1835 N. Laurel Drive Mr. Galang stated they are requesting a special use for a wooden fence in the front yard. He explained the fence will add additional security and privacy and give additional play area for kids. He stated it meets the standards to protect the homeowner and provide additional safety of area. Mr. Pirog asked what danger Mr. Galang pointed out the open space and location of kids’ bedroom. He stated they have had multiple people cut through yard and have no privacy. He stated they have a ring doorbell and have had multiple notifications so need this fence for security. Ms. Wood asked what is allowed. Mr. Bradshaw explained the location being in front yard it can only be 3ft in height. Ms. Wood asked if 3ft is not high enough. Mr. Galang answered no because people can jump over it. Mr. Pirog referred to existing conditions slide and asked what is to the left. Mr. Bradshaw explained the portion in the picture is allowed and the relief is for the yellow line. Mr. Pirog asked location to the sidewalk. Mr. Bradshaw explained they are requesting 14ft from lot line but originally requested 9ft and moved back to accommodate the neighbor’s line of sight concerns. Ms. Roth-Wurster clarified location. Mr. Bradshaw referred to slide to show the distance from lot line to the neighbors 6ft hedge. Ms. Wood asked the height of current fence Mr. Galang explained it is 6ft and transitions to approx. 3ft as it approaches the VILLAGE OF PALATINE Page 5 Packet Pg. 6 2.1 Minutes Zoning Board of Appeals July 26, 2022 sidewalk. Discussion on location of fence. Mr. Pirog clarified what area on site plan requires relief. Mr. Bradshaw referred to the site plan slide and explained the red line is the initial proposal and the dashed blue line is the revised proposal and anything in front of the 30ft setback requires relief. Ms. Wood asked about safety issues. Mr. Galang stated they addressed the limited line of sight issue by moving the fence back to 14ft. He stated the neighbors prefer 27ft from sidewalk and that Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) won’t work because it will be right on top of the house. He stated they are willing to meet in the middle at 14ft. Mr. Bradshaw gave a brief overview explaining 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. He stated the portion of the proposed fence abutting Aster Avenue will have a minimum setback of approximately 14 feet from the front lot line. Mr. Bradshaw stated the proposed fence abuts a portion of the 30 foot front yard of the adjacent neighbor to the east, 855 E. Aster Avenue which was countered by a submission of objection. He stated per the submitted application, the Petitioner provided a list of comparable fences on properties within the surrounding neighborhood including one directly across the street. Mr. Pirog asked if the fence across the street was also 6ft. Mr. Bradshaw stated it is 6ft solid wood fence. He stated staff reviewed the list and found all fences listed are either existing non-conforming or were permitted as a fence in a side yard abutting a street. He stated Community Services and Engineering have reviewed and had no issues. Sworn in Mr. Greg Antoniou 855 E. Aster Avenue (son of owner) Mr. Antoniou stated the letter of opposition was from him and his mother. He expressed concern with public safety, specifically the line of site when backing up down the driveway. He stated his mother is concerned about having a fence in her front yard, explaining she doesn’t want to look out her kitchen window and see fence. Mr. Antoniou stated there is a lot of car traffic, so a restricted view will be an issue. He spoke to the unique shape of his mother’s property which puts her driveway 10ft from fence line. He pointed out there is a school bus stop at the corner at Laurel and Aster. Mr. Antoniou stated he spoke to adjacent neighbors who all admitted they didn’t take all factors into consideration, and may have had a different response. He stated the ordinance says a fence can’t be in front of a home. Mr. Antoniou stated they asked if the fence can be back in line with his mother’s home. He spoke to their shrubs which are higher to keep privacy due to the fence needing repair. Mr. Antoniou stated they signed off on the current fence which is 4ft high. He expressed concern with the impact to property values. VILLAGE OF PALATINE Page 6 Packet Pg. 7 2.1 Minutes Zoning Board of Appeals July 26, 2022 Ms. Wood asked if shrubs are usually lower Mr. Antoniou answered yes but have not trimmed because a portion of the fence is down and was looking for privacy. Ms. Roth-Wurster asked if the discussion with the neighbors was about the 9ft original request. Mr. Antoniou answered, yes. Ms. Wood asked if they have tested their line of site at 14ft. Mr. Antoniou answered yes and has pictures of his mother’s car in the driveway. He stated they get a lot of deliveries and there is a lot of traffic in driveway. Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) Ms. Wood asked about pedestrian traffic. Mr. Antoniou stated there is quite a bit with the school bus stop and Aster Avenue being the entrance to the neighborhood. He stated the area was annexed into the Village so most fences were put up under Cook County ordinance. Sworn in Ms. Debra White 842 Aster Avenue Debra stated she lives across street and signed off to approve before safety issues were raised. She stated she wants the petitioner to have their fence but hopes they come up with a safe solution. Sworn in Ms. Roxanne Galang 1835 N Laurel Drive owner She stated she found a small cigarette right outside her son’s window so is looking for a fence to provide security for her kids. She stated she wants the neighbors to be happy and safe so they moved the fence back but wants the same safety for her two sons. Roxanne stated the neighbors’ proposal of 1ft from their house is pointless. Mr. Pirog asked if a 5ft fence was considered. Roxanne stated they were not given any option other than 3ft or 6ft. Discussion on possibly tapering down. Mr. Antoniou proposed a 4ft fence at the first setback request but the petitioner wanted more privacy with a 6ft. Ms. Wood asked what the thoughts on 5ft are. Mr. Antoniou stated he would have to consult with his mother. Mr. Galang stated they are willing to go back up to 19ft, but doesn’t know if neighbor will agree. Mr. Bradshaw requested a continuance for neighbors to come with an agreement. Mr. Galang agreed to continue the request to the next ZBA meeting. VILLAGE OF PALATINE Page 7 Packet Pg. 8 2.1 Minutes Zoning Board of Appeals July 26, 2022 Mr. McGinn made a motion to continue the matter to the August 9 th ZBA agenda; seconded by Ms. Roth-Wurster Unanimous voice vote of 4-0 Ms. Wood summarized that this request will be continued to the August 9, 2022 ZBA meeting. RESULT: CONTINUED [UNANIMOUS] Next: 8/9/2022 7:00 PM MOVER: Theodore McGinn, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, McGinn, Pirog ABSENT: Luszczak, Cavanaugh Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 8 Packet Pg. 9 2.1 Minutes Zoning Board of Appeals July 26, 2022 4. 16 N Brockway Street - Recommended to Approve Notice was published in the Daily Herald on July 11, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use & Variation 2. Proof of Ownership 3. Plat of Survey 4. Business Plan 5. Floor Plans Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) 6. Elevations 7. Signage 8. Public Notice Sworn in Mr.Tony DeFilppis 16 N. Brockway Street Mr. DeFilppis explained they are looking to expand current business of 15 years in Palatine to a full sit down local pizzeria. He stated they are keeping the menu the same but adding liquor license to have sit down beer to add to the community and demand of customer base. He explained the signage variation is for the sign in the front and along the side that faces the bank to add a mural that will add to the architectural value of the building. Mr. DeFilppis pointed out the building is a historic figure in the town and he would like to bring back to life and be a destination spot for the community. Ms. Wood asked for more information about the sign with animation. Mr. DeFilppis explained they looking to have it move slowly to be the typical Italian hand motion for “Bellisima” or beautiful. Ms. Wood asked if the animated sign will be illuminated. Mr. DeFilppis stated no. Ms. Wood asked about material of the flag colors on the front of the building. Mr. DeFilppis stated they are unsure but possibly vinyl. Mr. McGinn asked if there will be lights. Mr. DeFilppis answered yes. Ms. Wood asked if those are the colors for the ribbons. Mr. DeFilppis answered yes. Ms. Wood asked purpose of side mural. Mr. DeFilppis stated it is to enhance the area. He stated it won’t be for advertising rather adding to the beautification. Mr. McGinn asked if it will be painted. Mr. DeFilppis answered yes. VILLAGE OF PALATINE Page 9 Packet Pg. 10 2.1 Minutes Zoning Board of Appeals July 26, 2022 Mr. McGinn asked if it will the mural remain the same. Mr. DeFilppis stated touchups may be required. Mr. Pirog asked if the lights and motion on signs will stop when closed. Mr. DeFilppis answered that is correct. Ms. Bremanis gave a brief overview stating this is located in the downtown district and zoned B1 but follows the downtown shopping center requirements. She spoke to the floor plan of the 3-story building pointing out there are a total of 82 seats and a pickup window so customers can pick up their food and not have to go inside. Ms. Bremanis stated the basement will be used primarily for food Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) prep and storage and the 3rd floor will be used for office and storage. Ms. Bremanis stated the downtown parking is reviewed and approved administratively. She stated staff has no concerns showing on the aerial the available parking lots including off Palatine Road and newly at BMO on nights and weekends. Ms. Bremanis stated the Petitioner noted they have an agreement with Palatine Bank and Trust for deliveries. She spoke to the hours of Operation being Monday-Thursday 10am-10pm, Friday-Saturday 10am-midnight, and Sundays 10am-9pm. She stated the signage request was reviewed and found acceptable referring to slides to show similar signage in area. Mr. Pirog asked if the examples of downtown signs are nonconforming. Ms. Bremanis stated all have been approved and meet code. Mr. Pirog asked about Tap House. Ms. Bremanis stated they got zoning relief. Ms. Wood asked if there is a concern with other businesses having parking issues Ms. Bremanis stated they have not had anyone express concern and staff feels there is adequate parking in the area. She referred to aerial to show all available parking Ms. Bremanis stated Community Services, Engineering, Environmental Health and Fire Prevention have reviewed and had no issues. Ms. Roth-Wurster asked if there have been any issues with Pizza Bella. Ms. Bremanis answered not that she was aware of. Ms. Roth-Wurster asked if the main floor includes the current garage area. Ms. Bremanis answered yes. Ms. Roth-Wurster asked about the ribbon piece clarifying that is over the existing garage. Ms. Bremanis answered yes. Sworn in Ms. Maryann Rodriquez works at 15 N Brockway Street, Mexico VILLAGE OF PALATINE Page 10 Packet Pg. 11 2.1 Minutes Zoning Board of Appeals July 26, 2022 Uno. Ms. Rodriquez expressed concern with parking stating their customers already complain there are no spots available. She asked about BMO parking agreement. Ms. Bremanis clarified all customers will be able to park there on nights and weekends. Ms. Rodriquez stated there is no parking by Bank of America and 2 spots were taken away for snow storage but was never used for that. She stated she wants to ensure their customers have adequate parking. Ms. Bremanis stated the downtown is a shared parking area with no designated spots. She again referred to aerial showing parking options. Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) Ms. Wood asked if there will be signage added for the public parking at BMO. Ms. Bremanis answered yes. 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. There were no further questions. The public hearing was closed. Mr. Pirog made a motion to approve subject staff’s conditions; seconded by Mr. McGinn DELIBERATIONS: Mr. Pirog stated this meets standards of both special use and variation and thinks the area needs more restaurants like this. Ms. Wood stated everyone loves to have businesses and restaurants come to VILLAGE OF PALATINE Page 11 Packet Pg. 12 2.1 Minutes Zoning Board of Appeals July 26, 2022 downtown area and this is a well-known business. She stated it is great to have the building updated. She stated the board has to be conservative with signage but this fits in nicely. Ms. Wood spoke to parking and how the new availability of the BMO lot will be perfect. She stated this will be a great welcome addition to downtown Palatine Ms. Roth-Wurster stated she was pleasantly surprised with the signage because it is being done subtly. She stated 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 August 1, 2022 Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: John Pirog, Commissioner SECONDER: Theodore McGinn, Commissioner AYES: Roth-Wurster, Wood, McGinn, Pirog ABSENT: Luszczak, Cavanaugh VILLAGE OF PALATINE Page 12 Packet Pg. 13 2.1 Minutes Zoning Board of Appeals July 26, 2022 5. 375 W. Northwest Highway - Recommended to Approve Notice was published in the Daily Herald on July 11, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use Amendment 2. Proof of Ownership 3. Business Plan 4. Floor Plan 5. Public Notice Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) Sworn in the petitioner: Mr. Manny Rafidia owner & Mr. Amir Rafidia son of owner 2 Star Lane South Barrington Mr. Rafidia asked for addition to existing 1 taco dos tequila- doing phenomenal- asking for addition to add gaming room- addition was part of salon with 12 nail stations and bringing 6 games which will be less parking - presented permit requirements and have plenty of parking to accommodate. Mr. Bradshaw zoning board is strictly reviewing only the expanded floor space, not the proposed ancillary of video gaming use. Mr. Bradshaw gave a brief overview explaining the existing One Taco Dos Tequilas is proposing to expand their operation into the tenant space to the north which is all within the Century Plaza Shopping Center. He explained the proposed floor plan change will be a special Use Amendment and the limited seating for the proposed gaming use will not have an impact on the parking requirements. Mr. Bradshaw stated there are no proposed changes for the hours of operation with the expanded floor plan. He stated both Community Services and Engineering have reviewed and had no issues. 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. There were no further questions. The public hearing was closed. Mr. Pirog made a motion to approve subject staff’s conditions; seconded VILLAGE OF PALATINE Page 13 Packet Pg. 14 2.1 Minutes Zoning Board of Appeals July 26, 2022 by Ms. Roth-Wurster DELIBERATIONS: Mr. Pirog stated the standards have been met. He pointed out there is no effect on parking so sees no issues. Ms. Roth-Wurster agreed with Mr. Pirog. Mr. McGinn stated it won’t alter the character of the locality. 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 Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) Village Council on August 8, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: John Pirog, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, McGinn, Pirog ABSENT: Luszczak, Cavanaugh VILLAGE OF PALATINE Page 14 Packet Pg. 15 2.1 Minutes Zoning Board of Appeals July 26, 2022 6. 1565 N. Quentin Road - Recommended to Approve Notice was published in the Daily Herald on July 11, 2022 and mailed to the owners of the surrounding properties. Petitioner's Exhibits: 1. Application for Special Use Amendment 2. Proof of Ownership 3. Business Plan 4. Floor Plan 5. Plat of Survey Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) 6. Objectors Letter 7. Public Notice Sworn in the petitioner: Mr. Manny Rafidia owner & Mr. Amir Rafidia son of owner 2 Star Lane South Barrington Mr. Amir Rafidia read into record a prepared letter by Manny Rafidia: He spoke to the amount of retail experience they have along with other businesses they currently operate. He pointed out they acquire centers that are in distress and fix them up. Mr. Amir Rafidia stated their business is a family run business. He addresses the concerns of the neighbor and stated the parking will be sufficient without overflow because customers will be in and out. Ms. Wood asked if they will have wine tasting. Mr. Manny Rafidia answered no explaining it requires an additional license and he doesn’t feel he has the parking. Mr. McGinn asked about access. Mr. Manny Rafidia agreed it is difficult. He stated he thinks the nice signage will pull in customers. Ms. Wood asked if there is overflow parking. Mr. Manny Rafidia state there is sufficient parking for people to run in and out. Mr. McGinn asked about lights with signage. Mr. Manny Rafidia stated the sign will be all black with reverse LED lights that will only illuminate the letters. Ms. Wood asked how many other vacancy are in the center. Mr. Manny Rafidia answered 2. He stated he has one tenant looking at opening a healthy shakes and vitamin store. He spoke to the center on Northwest Hwy being almost full capacity and in total they have almost 300 tenants throughout other centers. Mr. Manny Rafidia stated he sees the last tenant space being more of an office use that doesn’t create much traffic. Ms. Wood asked how long they have owned the Center on Northwest Hwy. Mr. Manny Rafidia stated they have owned since 1995. He stated that was his VILLAGE OF PALATINE Page 15 Packet Pg. 16 2.1 Minutes Zoning Board of Appeals July 26, 2022 first center acquired and have since owned and operated approx. 50 centers. He stated he was attracted to this center for location and pointed out currently it is an eye sore that needs stability. Mr. Manny Rafidia stated he thinks this is the most effective use for this spot. Ms. Wood asked about concern of dumpsters. Mr. Manny Rafidia stated there will not be much garbage. He stated they plan on wrapping and keeping all cardboard inside and have a special service pick up after hours. Mr. Bradshaw gave a brief overview stating the space was previously granted a special use to operate a health club which has since closed leaving the vacancy Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) since April 2017. He stated the proposed hours of operation are Monday - Thursday: 11 AM - 9 PM, Friday - Saturday: 11 AM - 10 PM and Sunday: 12 PM - 8 PM and plan on selling in addition to alcohol candy, prepackaged snacks and soft drinks. Mr. Bradshaw stated per the submitted Business Plan, the Petitioner will utilize the rear door to the alley behind the building for all deliveries which will be limited to between 1-3 PM and all trash and recycling will be stored in the premises and will have a nightly service for disposal of all discarded cardboard/recycling materials. He referred to the slide to show the back area which is a fire lane. Mr. Bradshaw stated 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. He stated the parking requirement would not change with this proposed use. Mr. Bradshaw stated Community Services, Engineering, Fire Prevention and Police have all reviewed and have no issues. Ms. Wood asked staff is there has been any issues with the center owner with other plazas he owns. Mr. Bradshaw answered, no, not that staff is aware of. Sworn in Mr. Ken Raczek 769 W. Misty Drive Mr. Raczek expressed concern with access. He stated he has lived there for 16 years. He spoke to the right turn access on Dundee and how traffic has to go onto Quentin multiple times. He spoke to the gate that had to be installed to prevent truck access. 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 scaling back the hours of operation to be open no VILLAGE OF PALATINE Page 16 Packet Pg. 17 2.1 Minutes Zoning Board of Appeals July 26, 2022 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. Mr. Pirog asked if other businesses follow those delivery hours and if they will be enforced. Mr. Bradshaw answered, yes, as it is part of the proposed business plan. There were no further questions. The public hearing was closed. Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) Mr. McGinn made a motion to approve subject staff’s conditions; seconded by Ms. Roth-Wurster DELIBERATIONS: Mr. McGinn stated they have clear evidence showing the petitioner will operate consistent with the public health safety and welfare of the community. He stated it won’t alter the character of the location. He spoke to the uniqueness and the petitioners plan to do it in a nice way including the signage so he thinks it meets the standards. Ms. Roth-Wurster stated it meets the standards. She pointed out the petitioner has plenty of experience operating such businesses and a lot of thought has been given to make it a worthwhile property. 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 August 8, 2022 RESULT: RECOMMENDED TO APPROVE [UNANIMOUS] MOVER: Theodore McGinn, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Roth-Wurster, Wood, McGinn, Pirog ABSENT: Luszczak, Cavanaugh VILLAGE OF PALATINE Page 17 Packet Pg. 18 2.1 Minutes Zoning Board of Appeals July 26, 2022 IV. COMMUNICATIONS V. ADJOURNMENT Minutes Acceptance: Minutes of Jul 26, 2022 7:00 PM (Minutes Approval) VILLAGE OF PALATINE Page 18 Packet Pg. 19 3.1 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 08/09/22 07:00 PM CASE STAFF STATEMENT (ID # 7813) 433 N. Stark Drive TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: Alex Bradshaw PETITIONER: Amanda & Jeremy Hall CASE NUMBER: 22-16 ADDRESS: 433 N. Stark Drive PROPOSAL: Special Use to permit a fence in the required front yard. LOCATION: 433 N. Stark 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 Petitioners revised the previous plans for a fence in the required front yard. They now proposing a 4 foot tall open-style picket fence set back approximately 5 feet from the property line abutting N. Stark Drive. Therefore, the Petitioners are requesting: Special Use to permit a fence in the required front yard. SITE ANALYSIS:  The Subject Property is zoned R-2, Single Family (Willow Wood Subdivision) and contains a single-family residence. The lot is approximately 10,000 square feet and is located at the NW corner of N. Stark Drive and E. Wilton Court.  The Petitioners are proposing to erect a new, four (4) foot open-style picket fence in the front yard abutting N. Stark Drive. The new fence will enclose a portion of the required front and interior side yard. The portion of the proposed fence abutting N. Stark Drive will be approximately 50 feet in length, and will extend back to connect Page 1 Packet Pg. 20 3.1 Case Staff Statement (ID # 7813) Meeting of August 9, 2022 with the SW corner of the residence.  Per the submitted Site Plan, along the interior side lot line the proposed fence will transition from the four (4) foot open-style picket fence to a six (6) foot solid fence, 30 feet from the front lot line abutting N. Stark Drive.  The proposed fence will be setback 5 feet from the front property line abutting North Stark Drive. Landscaping (plants and/or shrubs), although not required, is planned between the proposed fence and property line.  The proposed fence abuts the front yard of 441 N. Stark Drive. The Petitioners are aware of front yard line of sight impact questions raised by Staff, and have presented consent from the adjacent neighbor at 441 N. Stark Drive. In addition, the Petitioner has altered the proposed fence to be a 4 foot tall picket fence, instead of the original 6 foot tall solid fence proposal. 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. (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. 21 3.1 Case Staff Statement (ID # 7813) Meeting of August 9, 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 5 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 yard of the Subject Property. The proposed fence plan has been amended to maintain a 4-foot tall open-style fence through the entire 30 foot required front yard. Staff did not identify any other negative impacts the proposed fence would have on the overall appearance of the surrounding neighborhood. 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 elevation plan submitted by the Petitioners, Amanda and Jeremy Hall, 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  Fence Elevation (SAMPLE)  Public Notice Page 3 Packet Pg. 22 3.1.a 433 N. Stark Drive 465 N 635 E 643 E 651 E N STARK DR 457 N Attachment: Aerial Map (433 N. Stark Drive - SU Fence in Front Yard) 640 E 451 N 634 E 441 N 647 E 448 N 433 N CT W ILTO N 643 E E 442 N 634 E 436 N 640 E 648 E 430 N E STA RK DR 635 E 411 N R 641 E 0 75 150 361 N 1 in. = 68 ft. Feet 647 E Packet Pg. 23 3.1.b Packet Pg. 24 Attachment: Application (433 N. Stark Drive - SU Fence in Front Yard) 3.1.b Packet Pg. 25 Attachment: Application (433 N. Stark Drive - SU Fence in Front Yard) 3.1.c Packet Pg. 26 Attachment: Plat of Survey (433 N. Stark Drive - SU Fence in Front Yard) 3.1.d 30'-0" YARD SETBACK EXISTING PROPOSED 6'-0" TALL PRIVACY FENCE Attachment: Site Plan (433 N. Stark Drive - SU Fence in Front Yard) SIDEWALK PROPOSED 4'-0" TALL PICKET FENCE 433 N STARK DRIVE WILTON STARK COURT DRIVE Packet Pg. 27 3.1.e Packet Pg. 28 Attachment: Fence Elevation (SAMPLE) (433 N. Stark Drive - SU 3.1.f Packet Pg. 29 Attachment: Public Notice (433 N. Stark Drive - SU Fence in Front Yard) 3.2 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 08/09/22 07:00 PM CASE STAFF STATEMENT (ID # 7721) 1835 N. Laurel Drive This item was initially reviewed at the July 26th Zoning Board of Appeals meeting and continued to determine if the Petitioner and adjacent property owner wanted to further discuss the proposed plan and any alternatives. The Petitioner determined that they would like to proceed with the Site Plan presented at the July 26th meeting, which provides an approximately 14-foot setback from the front property line. Therefore, Staff maintains its recommendation of action at the discretion of the Zoning Board of Appeals. 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 setback of approximately 14 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. Page 1 Packet Pg. 30 3.2 Case Staff Statement (ID # 7721) Meeting of August 9, 2022 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  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 approximately 14 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: Page 2 Packet Pg. 31 3.2 Case Staff Statement (ID # 7721) Meeting of August 9, 2022 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. 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  Updated Site Plan  Site Plan  Neighbor Objection Letter - Antoniou  Public Notice Page 3 Packet Pg. 32 3.2.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. 33 3.2.b Packet Pg. 34 Attachment: Application (1835 N. Laurel Drive - SU Fence) 3.2.b Packet Pg. 35 Attachment: Application (1835 N. Laurel Drive - SU Fence) 3.2.b Packet Pg. 36 Attachment: Application (1835 N. Laurel Drive - SU Fence) 3.2.b Packet Pg. 37 Attachment: Application (1835 N. Laurel Drive - SU Fence) 3.2.c Packet Pg. 38 Attachment: Plat of Survey (1835 N. Laurel Drive - SU Fence) 3.2.d PLAT OF SURVEY OF IOf /68 IrV PIIUEIIUE,S? IVANOR A/UIT tVO. /, E.4ING A ,SaB.OIWSION IlV ,|ECffON /, TOY/Y,SEIP 42 /VOR?E, RA/VCX lO EA,ST O.F ?EX ff{IND PNLVCIPAI UEHDIAN, ACCONDINC 7O ?EE PTAT ?EEN.EO.F NECONDED APNIT 29, /964 A,S DOCAMENT /9/ /2927 IN COOI( COUNTT rtrrLVOrS. Proposed landscaping on the area. This portion of the fence will Setback distance from the fence be removed and no longer to the lot line. ASTER AVENIJE added. SOUTH EDGE OF CONCRETE IS 1.0' NORTH OF LOT LINE CONCRETE 13' FENCE POST IS 14' 0.5'SOUTH & 0.6' WEST co q N or F N 6' high privacy red cedar o) with gate z. LI trl l-d c; F z. + trl a trJ u J_ 29.3' T! FENCE POST IS 0.5, WEST OF LOT LINE z Fo J F Ft; tL t=r o Fo L N o f td U) io Attachment: Updated Site Plan (1835 N. Laurel Drive - SU Fence) o LI 25.5' o= i2 LrJ F 1.4 OD FENCE POST IS WEST OF LOT LINE a H ul U) OD FENCE POST IS 0.4' WEST OF LOT LINE G. 0r b o f6# { s 27.1' FENCE POST IS 0.5' WEST OF LOT LINE @ Fq .4 H \^2 .4 POST IS LOT LINE ASPHALT , FENCI POST DRIVE LIES ON LOT LINE 29.6' { NORTH o :_ F aJ 101.83' rTT 6i L,l F aJ o a F U) + or.' o 7l I o f#7 o_ a)r z. TL d o-- o_ F o t-!l .J oFl td () o tL 8dd o:o 01 1+ z tJY r-l I z. dd trl 3- Lrj aLL L I tLE tL F )< - oF-* Fo :< l oO z- zo F z :) : (n oz. Fd f o z^ a t'l i]: O\ :\ C) zin 9iN <- da +ci rr ()a ()a NOTE: 5fr7xat P:PE @ ALL Lor coRNERs, U N LE59 OTI-1 ERWISE NOTED. NOTE: SOME GROUND IMPROVEMENTS MAY LEGEND NOT DE 1I1OWN DUE TO SNOW COVER. (R,/M) - RECORD /MEASURED AREA : lO,O29 3Q. FT, L _ ARC LENGTH MORE OR LE33 R _ RADIUS CH _ CHORD PREPARED FOR: CIESLA & PEARSE, PC. (ATTORNEYS AT LAW) NORTH JOB ADDRESS: 1E35 N, LAUREL DR., PALATINE. IL SCALE: 20' SELLER/BUYER ZAPLAN / GALANG JOB NO. 21 -1 2-0095 NEKOLA SURVEY, INC. PROFESSIONAL I.AND SURVEYING SERVICES W 035-002923 FIELD WORK COMPLETED ON THE 3RD DAY OF JANUARY, 2022. (STATE OF tLLtNOtS) (couNTY oF wLL) ss WW\N. N E KO LAS U RVEY- CO M * NGB * 4trtr N. StrHMIDT RD., STE, 2rl3 ILLINOIS NEKOLA SURVEY INC. DOES HEREBY CERTIFY THAT IT HAS SURVEYED THE TRACT OF LAND ABOVE DESCRIBED, AND THAT BELINEBROC]K, ILLINtrIS 6FJ44E] OFI THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS (63tr) 226- 1 53tr pHoNE (63tr) 226- 1 43tr FAX MINIMUM STANDARDS FOR A BOUNDARY SURVEY. DESIGN FIRM NO. 184.00556 _ "X" IN BOX INDICA]ES THE HEREON DRAWN PLAT WAS ORDERED AS A NON DATED THIS 4TH D JANU 22. MONUMENTED SURVEY. NO IMPROVEMENTS SHOULD BE MADE ON ]HE BASIS OF 'IHIS PLAT ALg'lE. FIELD MONUMENTATTON OF CRI]ICAL POINTS SHOULD BE ESTABUSHED PRiOR TO COMMENCEMENT OF ANY AND ALL CONSTRUCTION. FOR BUILDING UNES, EASEMENTS AND OIHER RESTRICTIONS NOT SHOW! HEREON REFER TO YOUR IPLS No" 292J DEED, ABSIRACT, TITLE POUCY, CON]RACTS AND LOCAL BUILDiNG AND ZONING ORDINANCES. FENCE LICENSE RENEWAL DATE: 3o NOVEMBER 2022. LOCATIONS ARE MADE TO CENTER OF POSTS UNLESS OTHERWSE NOTED. @ convntcHT NEKoLA suRVEy tNc. 2022 "ALL RtcHTS RESERVED" Packet Pg. 39 3.2.e Packet Pg. 40 Attachment: Site Plan (1835 N. Laurel Drive - SU Fence) 3.2.f 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. 41 3.2.f 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. 42 3.2.f Packet Pg. 43 Attachment: Neighbor Objection Letter - Antoniou (1835 N. Laurel Drive - SU Fence) 3.2.f Packet Pg. 44 Attachment: Neighbor Objection Letter - Antoniou (1835 N. Laurel Drive - SU Fence) 3.2.g 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. 45 3.3 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 08/09/22 07:00 PM CASE STAFF STATEMENT (ID # 7768) 165 W. Northwest Highway TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: A. Bradshaw PETITIONER: Socrates Siliras, Chiggy’s Gyros CASE NUMBER: 22-31 ADDRESS: 165 W. Northwest Highway PROPOSAL: Special Use Amendment to permit a floor plan alteration and to change the liquor license classification for an existing restaurant. LOCATION: 165 W. Northwest Highway CURRENT ZONING: B-2 General District 6 (Helms) Business District SURROUNDING CONDITIONS: North: B-2 General Business (Eurofresh Palza) South R-2 Single-Family Residential East: B-2 General Business (Northwest Oilers) West: B-2 General Business (BMO Harris Bank) BACKGROUND: The Petitioner is proposing to change their liquor license classification and alter the floor plan for an existing restaurant, Chiggy’s Gyros. Per the submitted application, the proposed changes 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 a floor plan alteration and to change the liquor license classification for an existing restaurant. SITE ANALYSIS:  The existing restaurant, Chiggy’s Gyros, currently has a Class G Liquor License, which consists of a restaurant with beer and wine only. The Petitioner is proposing to change their Liquor License classification to a Class D (Restaurant with beer, wine, and liquor).  The proposal will require a Special Use Amendment to the original Special Use, Page 1 Packet Pg. 46 3.3 Case Staff Statement (ID # 7768) Meeting of August 9, 2022 which was granted to permit a restaurant in 1998 (O-161-88).  Per the submitted application and updated floor plan, the seating area in the back right portion of the restaurant will be removed to make space for video gaming, which is considered as an ancillary use.  The number of total seats is decreasing, but the total square footage of the restaurant will remain the same. Therefore the parking requirement will also remain the same.  There are no proposed changes to the hours of operation. DEPARTMENTAL REVIEWS: Community Services No Issues Identified. Engineering N/A 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 change their liquor license classification and alter the floor plan at their current location on Northwest Highway. The floor plan alteration will eliminate 5 tables, but the total square footage of the restaurant will be unchanged. Therefore the parking requirement for the Subject Property will remain the same. Furthermore, the change in liquor license, and proposed ancillary gaming use, will not change the current hours of operation, as they will continue to be open no later than 9 PM. 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 and hours of operation submitted by the Petitioner, Socrates Siliras, except as such plans may be changed to conform to the Village Codes and Ordinances. Page 2 Packet Pg. 47 3.3 Case Staff Statement (ID # 7768) Meeting of August 9, 2022 ATTACHMENTS:  Aerial Map  Application  Plat of Survey  Floor Plan  Hours of Operation  Existing Conditions  Public Notice Page 3 Packet Pg. 48 3.3.a 165 W. No rthw est High way 148 W 142 W 136 W 134 W 130 W W BRANDON CT 200 W Attachment: Aerial Map (165 W. Northwest Hwy - SU Amend (Chiggy's)) 190 W 124 W WN OR TH WE ST HW Y WN ORT HW EST HW 231 W Y 205 W N SMITH ST 189 W 185 W 177 W 169 W 157 W 153 W 145 W 123 W 101 W 570 N 540 N 539 N R 0 110 220 532 N 531 N 529 N 526 N 1 in. = 102 ft. Feet Packet Pg. 49 3.3.b Packet Pg. 50 Attachment: Application (165 W. Northwest Hwy - SU Amend (Chiggy's)) 3.3.b Packet Pg. 51 Attachment: Application (165 W. Northwest Hwy - SU Amend (Chiggy's)) 3.3.c Packet Pg. 52 Attachment: Plat of Survey (165 W. Northwest Hwy - SU Amend (Chiggy's)) Silras Inc DBA Chiggy’s Gyros 3.3.d 165 W Northwest Hwy Palatine IL 60067 = Surveillance Cameras 40’ 2” Storage Walk In Cooler 3’2” Womens Mens Existing Walls 11’ 8’ 9” Water 13’ Fountain 5 VGT Machines Attachment: Floor Plan (165 W. Northwest Hwy - SU Amend (Chiggy's)) Counter 60’ RT/ATM Kitchen Prep Area 2 Liquor Shelves $ $ Seats Seats Vestibule Gaming Area 11 X 4 =44 4X4 = 16 11X13 = 143 sf This Side 2X2 = 4 Total Location 8’9” X 3’2”= 25.7 SF 20 Total 0n this side Approx. 2400 sq ft Total – approx. 168 sf Location Total - 64 Barrier Packet Pg. 53 Number of Employees approximately: 7-10 3.3.e Packet Pg. 54 Attachment: Hours of Operation (165 W. Northwest Hwy - SU Amend (Chiggy's)) 3.3.f Packet Pg. 55 Attachment: Existing Conditions (165 W. Northwest Hwy - SU Amend (Chiggy's)) 3.3.f Packet Pg. 56 Attachment: Existing Conditions (165 W. Northwest Hwy - SU Amend (Chiggy's)) 3.3.g Packet Pg. 57 Attachment: Public Notice (165 W. Northwest Hwy - SU Amend (Chiggy's)) 3.4 VILLAGE OF PALATINE Zoning Board of Appeals SCHEDULED 08/09/22 07:00 PM CASE STAFF STATEMENT (ID # 7767) 345 W. Northwest Highway TO: Palatine Zoning Board of Appeals Jan Wood, Chair FROM: A. Bradshaw PETITIONER: Jason Carey, Greater Family Health / Lisa Sharp, Sharp Architects Inc. (agent) CASE NUMBER: 22-32 ADDRESS: 345 W. Northwest Highway PROPOSAL: Variation to permit an attached sign to be 145 square feet, instead of the maximum permitted 57 square feet. LOCATION: 345 W. Northwest Highway CURRENT ZONING: B-2 General District 6 (Helms) Business District SURROUNDING CONDITIONS: North: P - Planned Development (Palatine Vision Center) South M - Manufacturing / U - Utility/Municipal (Vacant Grassland) East: M - Manufacturing / U - Utility/Municipal (Vacant Grassland) West: B-2 General Business District (Century Plaza Shopping Center) BACKGROUND: The Petitioner is proposing to replace the existing attached sign, with a larger sign for the medical office, Greater Family Health, located in the Steven’s Pointe Shopping Center. Therefore, the Petitioner is requesting approval of the following: Variation to permit an attached sign to be 145 square feet, instead of the maximum permitted 57 square feet. SITE ANALYSIS:  The Subject Property is zoned B-2 General Business District and is located within the Steven’s Point shopping plaza. Greater Family Health was granted a Special Use for a medical use in 2021.  Per Code, maximum allowed square footage for an attached sign in a unified Page 1 Packet Pg. 58 3.4 Case Staff Statement (ID # 7767) Meeting of August 9, 2022 center on 2-5 acres is equal to one square foot of gross surface area per linear foot of said store frontage, but a single sign shall not exceed 100 square feet. The existing sign is approximately 56 square feet, which is just under the maximum allowed for this location, as there is 57 feet of store frontage.  Per the submitted sign elevations, the proposed signage will be approximately 2.5x larger than what is currently displayed, but will have the same style and text as the existing sign. However, per Code, the proposed 145 square feet is calculated by a straight line box around the entire sign. In reality, approximately 45 square feet of the calculation is blank space, within the calculation square.  The Subject Property was granted a signage Variation in 1996 for 120 square feet of total attached signage (O-227-96). However, the attached signage at the time was split between 3 separate signs, as the building façade at the time had less contiguous wall space for signage.  Per the submitted application, the façade of the subject building is set back approximately 330 feet from the property line/sidewalk along Northwest Hwy. Thus making it difficult for passersby to identify the clinic from the road, reducing the number of potential clients.  There have also been sign Variations granted for total attached sign square footage in the Palatine Plaza shopping center. The justification is comparable to the current proposal as the ACE Hardware store is set back roughly the same distance (set back approximately 350 feet from Northwest Hwy). DEPARTMENTAL REVIEWS: Community Services Per Code, the maximum square footage for a single attached sign is 100 square feet. However, there has been a comparable variation granted to the Subject Property in the past. Engineering N/A 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, Page 2 Packet Pg. 59 3.4 Case Staff Statement (ID # 7767) Meeting of August 9, 2022 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 install an attached sign that will be approximately 2.5 times larger than the existing sign. The Subject Property’s front façade is uniquely shaped and has been expanded since the signage Variation was granted in 1996, lending itself to take on a larger attached sign. As the shopping center is set back approximately 330 feet from the property line along Northwest Highway, Staff agrees that the larger sign will make Greater Family Health significantly more visible to passersby. Ultimately, the proposed sign should not alter the character of the surrounding area due to the new sign maintaining the same text and style as the existing sign. Additionally, a signage Variation for attached signage square footage was previously granted to the Subject Property, and similar signage Variations have being granted within the Palatine Plaza shopping center, which has a comparable setback from Northwest Highway. As noted, the sign area for the text (“Greater Family Health”) is 82 square feet and the additional square footage is driven by the periphery of the arrow, which increases the square footage to 145 square feet and reflects the Zoning Ordinance’s method for calculating the gross surface area of a sign. Therefore, Staff recommends approval of the requested variation, subject to the following condition: 1. The Special Use shall substantially conform to the Site Plan and Elevations submitted by the Petitioner’s agent, Lisa Sharp, except as said plans may be changed to conform to the Village’s Codes and Ordinances. ATTACHMENTS:  Aerial Map  Application  Plat of Survey  Sign Elevation and Site Plan  Public Notice Page 3 Packet Pg. 60 3.4.a 345 W. No rthw est High way 501 W W FONTENAY WY 393 W 366 W 350 W 338 W 416 W 397 W 827 N 412 W 401 W 503 W 410 W W HAMILTON DR 826 N 821 N 501 W 408 W 503 W 815 N 820 N N WINCHESTER DR 809 N 404 W 505 W 814 N 402 W 363 W 355 W 343 W 339 W 507 W 803 N 808 N 509 W 496 W 802 N 775 N 375 W 371 W 395 W 387 W 769 N 763 N 757 N 751 N CT 456 W RAI Attachment: Aerial Map (345 W. Northwest Hwy - VAR Signage) R IE 440 W NH IDD 451 W WN OR EN THW ES T P HW Y 395 W 385 W 383 W 381 W 379 W 377 W 317 W 315 W 375 W 679 N 677 N 673 N 319 W 373 W 321 W 323 W 371 W 325 W 369 W 327 W 659 N 657 N 653 N 649 N 367 W 331 W 363 W 333 W 361 W 359 W 345 W 337 W 357 W 341 W 639 N 637 N 633 N 629 N 355 W 619 N 617 N 613 N 609 N 589 N 593 N 597 N 599 N R 0 150 300 1 in. = 136 ft. Feet Packet Pg. 61 3.4.b Packet Pg. 62 Attachment: Application (345 W. Northwest Hwy - VAR Signage) 3.4.b Packet Pg. 63 Attachment: Application (345 W. Northwest Hwy - VAR Signage) 3.4.b Mr. Alex Bradshaw Planner Village of Palatine 200 E. Wood Street Palatine, IL 60067 abradshaw@palatine.il.us Re: Variance Request Palatine Community Health Center Greater Family Health 345 W. Northwest Hwy Attachment: Application (345 W. Northwest Hwy - VAR Signage) Palatine, IL 60067 Mr. Bradshaw, Attached please find our application and documentation related to a sign variance for the Palatine Community Health Center. Due to the distance from the tenant space from Northwest Hwy we are requesting a variance for a larger building mounted sign above their door. Greater Family Health opened their latest health center in the fall of 2021. At that time, they installed a building mounted sign that fit within the allowed 57 sq. ft. area. The current sign features 18.5” tall text and a smaller green arrow than their typical company standard. They have consistently heard from patients that it is difficult to identify their location from Northwest Hwy due to the large setback from the road. We are proposing to replace this sign with new lettering that will be 24” tall and to match the company standards for line spacing and a larger green arrow. The new proposed sign will be 145 sq. ft. if you include the arrow. The area of the text alone is 82 sq. ft. We believe this is a reasonable request given the layout of this development and the distance from the street. Per the attached aerial site plan you can see that the Palatine Community Health Center is set at the far south end of a retail strip center and is approximately 345 ft. from curb to their façade. This portion of the building happens to feature a large stucco pediment which would allow for a much larger sign. This retail space has at vacant for many years. We hope to be able to bring more people onto the property and hopefully they will then also visit our retail neighbors. In response to the six criteria listed on the applications please note the following: a. The particular surroundings, shape, or topographical conditions of the property: Response: This existing retail development has a unique design. Much of the existing development angles away from Northwest Hwy with Greater Family Health’s suite at the far south end approximately 345 ft. from the curb. ■ 125 N. First St., Suite D ■ t: 815-517-1050 ■ f: 815-401-0001 ■ DeKalb, IL 60115 ■ www.sharparchitectsinc.com ■ Packet Pg. 64 3.4.b b. A unique hardship for the property not generally applicable to other properties in the same zoning district Response: Most stores along Northwest Hwy face the street and are withing 60-90 ft. of the property line. Greater Family Health’s new clinic stands roughly 345 ft. from the curb. c. The request is not based on a desire to make more money out of the property Response: Greater Family Health is a not-for-profit health care provider that focuses on low-income patients. The proposed sign will help them to better direct patients to their facility. d. The petitioner has not created the alleged hardship for the property Response: The petitioner did not create the hardship. This development was built Attachment: Application (345 W. Northwest Hwy - VAR Signage) over 50 years ago. The petitioner’s suite appears to have been vacant for at least ten years before they renovated the space in 2021. e. The request will not be detrimental to the public welfare or other properties in the neighborhood Response: We are confident that the larger sign will not be detrimental to any of the neighboring businesses. f. The request will not impair the supply of light and air to adjacent properties, substantially increase the danger of fire, endanger the public safety, or substantially diminish or impair neighboring property values Response: The requested variance will have no effect on adjacent properties for any of these concerns. Please review the attached documents and let us know what the next steps will be to get this request on the Planning Commission agenda. We look forward to working with you on this matter. Sincerely, Lisa F. Sharp Registered Architect, President Sharp Architects Inc. Cc: Jason Carey, Greater Family Health Page 2 of 2 Packet Pg. 65 3.4.c AL"l'A/ACSM LAND TITLE SURVEY . . ~- . ' • . . LOT 2 IN KUNTZE'S FIRST INDUSTRIAL ADDITION TO PALATINE, A SUBDIVISION OF THE NORTB11EST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER OF THE.NORTB11EST QUARTER OF SECTION 15, TOHNSHIP 42 NORTH, RANGE 10, EAST OF THE THIRD P~INCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ' ALSO IQIOIIII AS: LOT. 2 IN IM!TZE 'S FIRST INDUSTRIAL Al>DlTIOO TO PALATINB, A SUBDIVISIOO OF PAR'l' OF THE NORTHWEST QUARTER AND PART OF THB NORTIIBAIIT QUARTER OF SECTIOO 15, 'l'QNNSRIP 42 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL HERIDUN, IN COOK COUllff, . ILLINOIS . • •••••, ·-•• OS• IO ...... •• I ! .... .1,1 ..... ....•'\ f \ ' ' • '·· •• I Attachment: Plat of Survey (345 W. Northwest Hwy - VAR Signage) ,"f_ , _,_• SURYB'!Oll' 8 l«J'J'U f NtldBER OF Cit-SITE PARKIMG _SPACES: 158 FULL JmGUI.Mt 2 PARTIAL REGULAR B HANt>ICAl'PtD SETBM:11:, REJGIIT Mm Fl,OCll SPACE Ma:A R£S1'RICTI0NS OF RECOIU> AS SUPPLIED SY P1 NftlING AHD ZONING· . • DEPARlMINT OF !'Bl VILLAGE OF· PALAT?NE: BU'IUJ1MG LINES: FRONT: 25' lit-REAR: 20' SIDE: 5' • t 'I! N WtXDUil BUIIDING BEICB'r: ! STO!UES, WOT TO EXCEED 45' Hl\X.IMlM FLOOR. AREA RATIO: 1,0 SlJRVZYOR' 9 - NO'l'Z9 f - n4io0- Z<llmi sen: X (UftHADID - m, D&'11PMJNSD fl' U OU'Hlba 500-TUJI l'LOODPLA.110 na rLODD 1111uawca ~ HAP lMtllD. 110,1co1a1 " &Fi&Cflv& DAft: IIOVDll:D:-1, 2DOO. LN1D AMA: 144,227 SQ. ff. lftNPSR _ 01' PAR&lllll SPA<SI I 1~1 FULL UGOLAa IPACWI. I KAIIDICAPPID •PM:Bs 'H' (Wl'IH HANDICAPnD SlGIII 'R'). I ~ LIMITZD Dfl'l'ALI.ATI0M8 UNDDQROUND SHOMII HCUOM urtLlff DUS TO COHPMIY 1.INIDD ''I' ;t• MARKINGS. ! •' 'Ii I t TO ·cITIRAN~ N_.J\, ,__ IT2..-E~CESS0RS l\t-T0/0~ i\S~~NS TO STEVENS P0Il¥1' CEHTER.1 LLS I i ,. TO MEl\CU~Y TITLE Cef.tPANY ! THIS 18 '1'0 CUTIFr THAT THIS MAP OR. PLAT AND TRB SURVEY ON WRICH IT IS BASa> WERE HM>E IN ACCOJIDANCS WITH ttMtNDEM STANDARD DETAIL REQUlm.£hT9 FOR I A£f'A/ACSII I.Nm TI'l1.& SURVZYS," JOINTLY ESTA!ILISRED AHO MX>P'l-W Bl' .ALD, AND - / ' ...... • ,,,.., NSPS IN 2005, Mm -INCLUDZS ITDOI 1,2,3,4, 1(a) ,a,·9, AND ll(a) 0,) or l'\T1J!ILB; .,.• TB£1tEOF. PUR8UAtf1' TO TD ACCURM:f .B'?ANDMmS M N>OPTBD BY AL2'A, Bllff, AND DI' •o ' ....·"•• ..... """ ~ ltll'IUUH t.u""'JII.W . ,, EFFICT ON ft& Dlt.T& OF TRIS CSRTIFICATIOK, -1JNDE1t8IfJIRD !'URTBBll CBRTll'IES THAT THAT ·11f Mr PROi'USICMAL OPJNIGlf,Aa A LN1D SURVBYOR RIGISTERED -IN TIS STATZ 6r - ILLINOIS~ TRB RBI.ATIVC POSI1'IOIIAL ACCUMCY OF 'l'BIS -SUJtVff DOl:8 MOT SXCEED THAT ... .~ •" .~ ,.,,> . ~ • , ••* H. _ . ... l"HJ' l'Olt ....,,, ............" U,Ad """""'Afl'l:f ~ .. u WJIICB 18 SPECIFIED TRUDI, TBII IURVEY REl"l,&CTa (lUIIBTIOM9 OI' 'ttTL& Ml &RONN ON MZRCuJti TJ:~ COMPANY - CCHft'l'MKNT NO. 201503!1 Eil&CTXV& DATZ: .roLY 26,2007. LIBERTYVILLE, I INOJS JULY 30, A.O. 2007 '4 M.-111 h1t•h• ...11..-ao.t c.1h ,,. __ u,t, •• ,,, t., 10-lt·OO m•iu,'"ettt c~--<p\•c,\\"•' 1.~ ..., ) * ~uf\'" w~u e ,..,no " - '"~ lro , f">~nt • ~ .,,pee.:,~ ~c.o..+;""'~ ~ .J:11-."::l SCALE: 1 inch eqw,/.s 'fO feel w LAND·aURV&TOR NO. 35-2657 EXPIRES 11~30-08 ., '• Nt Jinw•rlffl to N a11um•J lty J,._1, m•41ur•m&11t Distances are marked In leer and decimal parts thereof. . · ' p.-epared by: The Northern Counties Group, Inc. PM0l'B9SIOIGU. DBIIC'III PI~ t.tCSNla IIO. 184-0031Bt PROPKRTY M>DRES9: 315-345 WEST NOR'l'IIMEST HIGHWAY - PZ!l4NfENT INDEX NUMBER: 02-1s-200-012-oooo •• auppli.t PALATINE, ILLINOIS l ORDERED BY: A.\\-n~'.1 't-\4rK ordowt.1'"". _ _ _ _ __ ORDER NO: _Jfe,•lc,Z.a5:,·Ae,Le,Tc,A,:·:,U,.;3'---------- Surveyors .....~ \' ~~.,.'!..!!-£}~~ 'i DRAWN 9y, --'"""'--n------------ CHECKED sy, _ _ "'---'"'----------~- 528 West Street Ubertyville, Illinois 60048 :•1 ··- •..._n, .. ..• :\ A. • • ·\•i This plat is not ca, 6ffed I i (8,,) 367-4560 Fax /~•1J 361-1378 i ill! FAITH i g i lmfess 8ft btl\)l'IZl!d - , Refer io abstract de~d and loeal ordinanc9s for building rutrictions. \t:1, No. '"' 1..~- 2657 ../,t'ff it affixad 11•11111 > Packet Pg. 66 I 3.4.d 21' - 6" sharp architects inc. FACE LIT, 5" DEPTH CHANNEL LETTERS 3' - 1 1/2" 15' - 3" 3' - 1 1/2" Attachment: Sign Elevation and Site Plan (345 W. Northwest Hwy - VAR Signage) 17' - 6" 2' - 0" 6' - 10" 9' - 6" 2' - 0" 2' - 0" 2' - 4 1/2" 82 SF 145 SF 24" SIGN CONCEPT 0' 2' 4' 8' 24" SIGN CONCEPT DETAILED 0' 2' 4' 8' 1 1/4" = 1'-0" 2 1/4" = 1'-0" S1 PROPOSED SIGN DRAWINGS PALATINE COMMUNITY HEALTH CENTER 7-5-2022 345 W. NORTHWEST HWY, PALATINE, ILLINOIS GREATER FAMILY HEALTH SHARP ARCHITECTS INC. 125. N. FIRST STREET, SUITE D DEKALB, IL 60115 815-517-1050 WWW.SHARPARCHITECTSINC.COM Packet Pg. 67 3.4.d sharp architects inc. Attachment: Sign Elevation and Site Plan (345 W. Northwest Hwy - VAR Signage) 345 FEE T PALATINE COMMUNITY HEALTH CENTER LOCATION AERIAL SITE PLAN PHOTO FROM SIDEWALK PHOTO OF CURRENT SIGNAGE 1 3/8" = 1'-0" 2 3/8" = 1'-0" 3 3/8" = 1'-0" S2 EXISTING PHOTOS OF THE SIGNAGE & SITE PLAN PALATINE COMMUNITY HEALTH CENTER 7-5-2022 345 W. NORTHWEST HWY, PALATINE, ILLINOIS GREATER FAMILY HEALTH SHARP ARCHITECTS INC. 125. N. FIRST STREET, SUITE D DEKALB, IL 60115 815-517-1050 WWW.SHARPARCHITECTSINC.COM Packet Pg. 68 3.4.e Packet Pg. 69 Attachment: Public Notice (345 W. Northwest Hwy - VAR Signage)