North Cook News

Village of Palatine Zoning Board of Appeals met April 11.

Here is the minutes as provided by the Board:

I. CALL TO ORDER

Attendee Name Title Status Arrived

Brent Larson Commissioner Present

Cindy Roth-Wurster Commissioner Absent

Jan Wood Commissioner Present

Jerry Luszczak Commissioner Present

Theodore McGinn Commissioner Present

Joseph Quinn Commissioner Absent

Kevin Cavanaugh Commissioner Present

James Dittrich Commissioner Present

John Pirog Commissioner Present

Staff present: Ms. Lyn Bremanis & Ms. Katie Romack.

II. APPROVAL OF MINUTES

1. Zoning Board of Appeals - Regular Meeting - Mar 28, 2017 7:00 PM

Mr. Dittrich made a motion to amend page 30 of the minutes of March 28, 2017

changing 7 minutes to 17 minutes, Mr. Cavanaugh seconded.

RESULT: ACCEPTED AS AMENDED [UNANIMOUS]

MOVER: Kevin Cavanaugh, Commissioner

SECONDER: James Dittrich, Commissioner

AYES: Larson, Wood, Luszczak, McGinn, Cavanaugh, Dittrich, Pirog

ABSENT: Roth-Wurster, Quinn

III. PUBLIC HEARING

1. 1365 E. Carpenter Drive

In addition to the original Variation requests, the Petitioner has proposed to park

a recreational vehicle (motorhome) greater than 22 feet in length on the Subject

Property. Therefore, a revised public notice is required.

RESULT: CONTINUED [UNANIMOUS]

MOVER: Kevin Cavanaugh, Commissioner

SECONDER: Jerry Luszczak, Commissioner

AYES: Larson, Wood, Luszczak, McGinn, Cavanaugh, Dittrich, Pirog

ABSENT: Roth-Wurster, Quinn

2. 745 E. Wilmette Road

Notice was published in the Daily Herald on March 27, 2017 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. Floor Plans

6. Elevations

7. Ordinance No. 0-7-08

8. Public Notice

Ms. Bremanis gave the background of the request. The Petitioner is proposing an

addition that encroaches into the minimum required 30-foot front yard and 10-foot

side yard setbacks. Therefore, the Petitioner is requesting:

 Special Use to permit an addition to be set back 27 feet from the front lot

line, instead of the minimum required 30 feet and 5 feet from the side lot

line, instead of the minimum required 10 feet.

SITE ANALYSIS:

 The Subject Property is zoned R-2 Single Family.

 The Petitioner is proposing to build an addition that includes a front porch that

encroaches approximately 2.5 feet into the front yard setback.

 The existing home has a Special Use in place for the 5-foot side yard setback

however this was only approved for the original single story structure. The

second story proposed requires additional relief.

 The peak height meets code.

 Both building and lot coverage meet code.

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.

Ms. Wood asked if there are any questions on Staff's presentation.

Mr. Pirog asked if the lot coverage meets code pointed out it looks like more than

50% is covered.

Ms. Bremanis answered yes they ran the numbers.

Sworn in petitioner - Mr. Kevin Keane 302 S Rohlwing Road owner, Ms. Mary

Beth Keane 745 E Wilmette Road, & Mr. Paul Rogner architect 825 E Rand Rd

Suite 230 Arlington Heights, IL

Mr. Keane explained the reason for the request:

 He would like to remodel the home for daughter and her family who has

outgrown house with her 4 children.

 House needs significant work including a new roof.

 In order to meet her needs he wants to update property and add square footage.

 30% of houses in the area have upgraded their homes.

Mr. Rogner explained how the existing home has an existing special use for a 5

foot setback from the side property line but it is only for the existing single story

structure. To work with the existing floor plan this addition was the most usable

and economical. Mr. Keene spoke to neighbors and no one had any objectionswelcome

the upgrade.

Mr. Cavanaugh asked what current and proposed sq. ft. was.

Mr. Keane stated they are adding approx. 1000 sq. ft. and believes it is currently

1400 sq. ft.

Mr. Luszczak clarified that the 1st floor is already encroaching into setback and

asked if they are only adding up not encroaching more.

Mr. Keane spoke to the already approved special use for the first floor and

explained the current request is to add up.

Ms. Wood asked if any other questions for Petitioner. There were no further

questions for the Petitioner.

STAFF RECOMMENDATION:

The Petitioner is proposing an addition that encroaches into the front and side

yard setback requirements. The home has an existing Special Use for the side

yard but requires additional relief for the second story. The proposed front porch

encroaches into the front yard; however, the open nature of the porch should not have a negative impact on the surrounding properties. In addition, a second story

addition onto the existing structure, which is already 5 feet off the side property

line should not impact the surrounding properties or alter the essential character

of the neighborhood. Therefore, Staff recommends approval of the Special Use,

subject to the following conditions:

1. The Special Use shall substantially conform to the site plan and elevation plans

prepared by the architect PAR Craft, LTD, dated 02/20/2017, except as such

plans may be changed to conform to Village Codes and Ordinances.

Ms. Wood asked if there were any questions on Staff's recommendation.

There were no further questions. The public hearing was closed.

Mr. Cavanaugh made a motion to approve subject staff’s conditions; seconded

by Mr. Dittrich.

DELIBERATIONS:

Mr. Cavanaugh stated he is familiar with the area and does not see how addition

will have a negative impact on the property values. By increasing the square

footage and updating the exterior this will improve the value of the neighboring

properties.

Mr. Dittrich agreed with Mr. Cavanaugh pointing out that the 5 ft. variation

already exists and they are just building on top. Stated the plans will improve

value of house therefore improving the surrounding properties.

Ms. Wood stated there is no indication that it would not be operated in a manner

consistent with the public health safety and welfare so she agreed standards

have been met.

Ms. Wood summarized that this request had met the standards and was

approved by a unanimous vote of 7-0. This item will go to Village Council on May

1, 2017

RESULT: RECOMMENDED TO APPROVE [UNANIMOUS]

MOVER: Kevin Cavanaugh, Commissioner

SECONDER: James Dittrich, Commissioner

AYES: Larson, Wood, Luszczak, McGinn, Cavanaugh, Dittrich, Pirog

ABSENT: Roth-Wurster, Quinn

3. 49 N. Linden Avenue

Notice was published in the Daily Herald on March 27, 2017 and mailed to the

owners of the surrounding properties.

Petitioner's Exhibits:

1. Application for Variation

2. Proof of Ownership

3. Plat of Survey

4. Site Plan

5. Public Notice

Ms. Bremanis gave the background of the request. The Petitioner is proposing an

addition and detached garage with a driveway that encroaches into the 2 foot

setback. Therefore, the Petitioner is requesting:

 Variation to permit a driveway to be located on the side lot line instead of

the required 2-foot setback from the interior side lot line.

SITE ANALYSIS:

 The Subject Property is zoned R-2 Single Family.

 Once the driveway was poured it was discovered that the stairs to the existing

side door was not contemplated when designing the width of the driveway along

the house. Due to the encroachment of the stairs the driveway width is only 7’4”,

a minimum of 9 feet is required.

 The Petitioner is proposing to add a 2-foot soldier course along the driveway to

allow the driveway to be at full width.

 The residence is located 10.5 feet from the side property line, thus only allowing

expansion into the required side yard setback. The residence is located 10.5 feet

from the side lot line where the stairs are located; therefore, any driveway in this

side yard would require a Variation.

 Both building and lot coverage meet code.

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 A VARIATION: Standards for a Variation are found in

Section 14.03 D (1) and (2) of the Zoning Code. Specifically, the Petitioners must show that the property in question cannot yield a reasonable return if permitted to

be used only under the conditions allowed by the regulations governing the

district in which it is located; that the plight of the owner is due to unique

circumstances; and that the variation, if granted, will not alter the essential

character of the locality. The Petition for Variation is attached, and the Petitioners

have attempted to address the required standards.

Ms. Wood asked if there are any questions on Staff's presentation.

Ms. Wood asked for explanation of soldier course

Ms. Bremanis explained it is brick paver along the edge that would widen the

drive.

Mr. Luszczak clarified that the concrete will remain and 2ft of brick will be added

Ms. Bremanis yes like an edging feature

Sworn in petitioner - Mr. Patrick Krech & Ms. Sanah Krech 49 N Linden

owner

Mr. Robert Kopfer- 560 S Annandale Lake in the Hills, Il contractor

Mr. Kopfer explained the driveway was originally poured at 9 ft. and discovered

there was a side stoop that needed to go in as well- They were approved to pour

but after driveway was poured they found out it wasn’t in compliance. The

soldier course will create a 9 foot width where the stairs are however does

encroach into the 2 foot setback thus they are requesting a variance. They are

proposing to put a bump out across from the stairs so they can close out their

current building permit. Eventually they would like to continue the soldier course

the length of the driveway once they have the funds.

Mr. Pirog asked if you considered putting stairs inside house

Mr. Kopfer explained they are unable to because it is a preexisting portion of the

home. Only other option would be to install a patio door off the back of the house

which would require them to walk around. Stated the existing stoop is as it was

before.

Mr. Krech stated he spoke to the neighbors and they had no concerns.

Ms. Wood asked if any other questions for Petitioner. There were no further

questions for the Petitioner.

STAFF RECOMMENDATION:

The Petitioner recently constructed an addition and detached garage without

contemplating stairs from the side door that encroach 1.5 feet into the driveway.

Therefore, the driveway width is less than the minimum required 9 feet. The

encroachment of the proposed 2-foot soldier course into the 2-foot setback

allows the driveway to meet the minimum width standards and should not impact

the surrounding property owners or alter the essential character of the

neighborhood. Therefore, Staff recommends approval of the Variation, subject to the following conditions.

1. The Special Use shall substantially conform to the site plan prepared by Thomas

Architects, dated 03/22/2017, except as such plans may be changed to conform

to Village Codes and Ordinances.

2. If grading changes are necessary on the neighboring property, written consent

from the property owner at 55 N Linden Avenue shall be provided.

Ms. Wood asked if there were any questions on Staff's recommendation.

Mr. Pirog asked for clarification about stairs counting toward the encroachment.

Ms. Bremanis explained in the case of a setback stairs do not count in the

encroachment. It’s the width of the driveway that moves this into the variation

situation

Mr. Dittrich asked about the location of the soldier course and where it is to the

property line.

Ms. Bremanis explained it will be approx. 6 inches off the property line during

construction but stated they do not go into inches in variations or setbacks so

they are calling it on the property line.

There were no further questions. The public hearing was closed.

Mr. Luszczak made a motion to approve subject staff’s conditions;

seconded by Mr. Ditrich

DELIBERATIONS:

Mr. Luszczak stated the lot coverage stays under and the pavers are permeable

so he doesn’t see any problem with the request.

Ted stated their inability to effectively use their driveway without the variance

addresses the standard of the ability to yield a reasonable return. Added the way

the existing house is situated with the stairs it creates unique circumstance

Ms. Wood stated the brick pavers would not alter the character of the locality.

Ms. Wood summarized that this request had met the standards and was

approved by a unanimous vote of 7-0. This item will go to Village Council

on May 1, 2017

RESULT: RECOMMENDED TO APPROVE [UNANIMOUS]

MOVER: Jerry Luszczak, Commissioner

SECONDER: James Dittrich, Commissioner

AYES: Larson, Wood, Luszczak, McGinn, Cavanaugh, Dittrich, Pirog

ABSENT: Roth-Wurster, Quinn

4. 375 W. Northwest Highway

Notice was published in the Daily Herald on March 27, 2017 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. Site Plan

5. Floor Plan

6. Business Plan

7. Letter from the Petitioner

8. Menu

9. Public Notice

Ms. Romack gave the background of the request. The Petitioner is proposing to

operate a restaurant known as Palatine Pizza and Pasta. Therefore, the

Petitioner is requesting:

1. Special Use to permit a restaurant

2. Variation of 8 parking spaces to allow a shopping center to have 158

parking spaces instead of the minimum required 166 parking spaces

SITE ANALYSIS:

 The Subject Property is zoned B-2 General Business District and it is located in

the Century Plaza.

 The Subject Tenant Space is approximately 2,600 square feet and the shopping

center is 37,223 square feet total.

 Other tenants in this shopping center include: Woman Care, The Wine Cellar,

Family Practice, Billing Associates, Simply Delicious, JD Michaels, Palatine

Dental, El Torero, and Pediatric Central.

 The shopping center has 158 parking spaces total. The proposed use requires

26 parking spaces. With the proposed restaurant, the shopping center requires

166 parking spaces.

BUSINESS OPERATIONS:

 The proposed hours of operation are Sunday through Thursday from 11:00 AM to

11:00 PM and Friday through Sunday from 11:00 AM to 12:00 AM. The

anticipated peak hours of operation are 5:30 PM to 8:30 PM.

 There would be 3 full-time employees and 3 part-time employees.

 The floor plan indicates a total of 28 seats.

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.

STANDARDS FOR A VARIATION: Standards for a Variation are found in

Section 14.03 D (1) and (2) of the Zoning Code. Specifically, the Petitioners must

show that the property in question cannot yield a reasonable return if permitted to

be used only under the conditions allowed by the regulations governing the

district in which it is located; that the plight of the owner is due to unique

circumstances; and that the variation, if granted, will not alter the essential

character of the locality. The Petition for Variation is attached, and the Petitioners

have attempted to address the required standards.

Ms. Wood asked if there are any questions on Staff's presentation.

Sworn in Petitioner - Mr. Manny Rafidia - 2 Star Lane South Barrington, IL -

Mr. Rafidia gave a brief background of his business history and the current

request:

 Owner / operator of center since 1996.

 Owned Papa Shays in downtown area in mid-1980’s.

 Is at the center on a daily basis and has never experienced any parking issues.

 The restaurant will be a good use serving northern Italian-style with high end

pasta.

 The location used to be a restaurant but the restaurant owner passed away and

the restaurant closed down.

 The catering business that is classified as a restaurant doesn’t accommodate

customers.

 El Torero is the only restaurant in the front.

Mr. Rafidia stated he will not only be involved with the restaurant but he is

concerned for his tenants and customers so will ensure there will be not be any

negative impact on parking.

Ms. Wood asked if he will own and operate the business.

Mr. Rafidia answered yes.

Mr. Luszczak asked about his past experience in running a restaurant business.

Mr. Rafidia stated he has owned and operated a restaurant for the past 40 years,

currently owns Pop’s Pizza and Sports Bar in Roselle at Nerge Road and Plum

Grove Road.

Ms. Wood asked if any other questions for Petitioner. There were no further

questions for the Petitioner.

STAFF RECOMMENDATION:

The proposed use would occupy a vacant tenant space in the Century Plaza that

would be compatible with the other restaurant, retails stores, and service

businesses that presently occupy the shopping center. The Petitioner has

indicated the businesses within the center work well together and he has never

experienced any issues with parking within the center. Therefore, Staff

recommends approval of the Special Use and Variation, subject to the following

conditions:

1. The Special Use and Variation shall substantially conform to the floor plan and

the business plan submitted by the Petitioner, except as such plans may be

changed to conform to Village Codes and Ordinances.

Ms. Wood asked if there were any questions on Staff's recommendation.

There were no further questions. The public hearing was closed.

Mr. Cavanaugh made a motion to approve subject staff’s conditions;

seconded by Mr. McGinn.

DELIBERATIONS:

Mr. Cavanaugh stated it seems like the perfect use for the space. He has been

there and has seen no parking issues. Bringing another restaurant to this area is

a good idea.

Mr. McGinn stated it is a commercial area so it’s a good use. The petitioner has

experience in running this type of business so standards of special use have

been met. Stated the parking shouldn’t be an issue because the restaurant’s

busy hours are in the evening and the other businesses close earlier so the

standards of the variation are met as well.

Ms. Wood agreed she has never seen a problem with parking being it has a good

mixture of tenants.

Ms. Wood summarized that this request had met the standards and was

approved by a unanimous vote of 7-0. This item will go to Village Council

on May 1, 2017

RESULT: RECOMMENDED TO APPROVE [UNANIMOUS]

MOVER: Kevin Cavanaugh, Commissioner

SECONDER: Theodore McGinn, Commissioner

AYES: Larson, Wood, Luszczak, McGinn, Cavanaugh, Dittrich, Pirog

ABSENT: Roth-Wurster, Quinn

IV. COMMUNICATIONS

Ms. Romack stated the following items have been approved by Village Council:

 144 S. Oak Street

 144 W. Northwest Highway

 632 E. Tahoe Trail

The item at 707 W. Helen Road was denied by Village Council.

There will be 2 items on the agenda for the April 25th ZBA meeting.

V. ADJOURNMENT

1. Motion to adjourn

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Theodore McGinn, Commissioner

SECONDER: Jerry Luszczak, Commissioner

AYES: Larson, Wood, Luszczak, McGinn, Cavanaugh, Dittrich, Pirog

ABSENT: Roth-Wurster, Quinn