Village of Palatine Planning and Zoning Commission met June 27.
Here are the minutes provided by the commission:
I. CALL TO ORDER
| Attendee Name | Title | Status | Arrived |
| Patrick Noonan | Plan Commissioner | Present | |
| Cindy Roth-Wurster | Commissioner | Present | |
| Eric Friedman | Vice Chairperson | Present | |
| Jan Wood | Chairperson | Present | |
| Jerry Luszczak | Commissioner | Present | |
| Rodney Bettenhausen | Plan Commissioner | Present | |
| Robert Kolososki | Plan Commissioner | Present | |
| Kevin Cavanaugh | Commissioner | Present | |
| Stephen Fedota | Plan Commissioner | Absent |
1. Planning and Zoning Commission - Regular Meeting - Jun 13, 2023 7:00 PM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Patrick Noonan, Plan Commissioner SECONDER: Kevin Cavanaugh, Commissioner AYES: Noonan, Roth-Wurster, Friedman, Wood, Luszczak, Bettenhausen, Kolososki, Cavanaugh ABSENT: Fedota |
1. 786 W. Evergreen Court
VAR-000039-2023 - 786 W. Evergreen Ct.
Notice was published in the Journal & Topics on June 8th, 2023 and mailed to the owners of the surrounding properties.
Petitioner's Exhibits:
1.) Variation Application
2.) Plat of survey
3.) Fence elevation
4.) Certificate of Publication
5.) Public Notice
Ms. Bremanis gave a brief overview of the request stating the petitioner is requesting to extend an existing 6’ fence that does not meet the 5’setback. He is requesting the fence to be set back 1’ from the side property line abutting the street instead of the minimum 5’.
Sworn in petitioner: Mr. Donald Axe - 786 W. Evergreen Ct.
Mr. Axe states he is requesting to extend the fence because his backyard faces Quentin Rd which is a busy, loud road. He states that he and his wife would like to enjoy sitting on his patio without hearing the commotion.
Commissioner Cavanaugh asks if the natural barrier/existing landscaping would remain.
Mr. Axe states it would.
Commissioner Friedman asks if the existing fence shown in the picture is the existing fence or a neighbor’s fence.
Mr. Axe states it is the existing.
Commissioner Friedman clarifies that the fence would be installed behind the existing landscaping.
Mr. Axe states it would.
Commissioner Kolososki asks who shovels the sidewalk.
Mr. Axe states he or the school district.
Ms. Bremanis provides an overview of the request and states the property is Zoned R-2 Single-Family and has an existing 6-foot fence set back approximately 1.5’ from the side lot line along Quentin. She states that the existing landscaping will remain. She further explains that other fences along Quentin Rd on or near the lot lines is not uncommon.
Building and Engineering reviewed and had no issues.
STAFF RECOMMENDATION:
Staff understands that the petitioner would like to have a buffer from Quentin Road, which is a Cook County Highway Department roadway. The requested 6-foot fence extends an existing fence on the property and is consistent with the corner lots to the north and south of the subject property along Quentin Road, which have similar fence setbacks. In addition, the fence would be located behind the existing landscaping, and the existing bushes along the lot line would remain. Lastly, the extension of the fence will not have an effect the current line of sight. Therefore, Staff recommends approval of the proposed Special Use subject to the following conditions:
1. The Special Use shall substantially conform to the Site Plan and Fence Elevation submitted by the Petitioner, Donald Axe, except as such plans may be changed to conform to the Village Codes and Ordinances.
2. The existing landscaping in front of the fence shall be maintained.
There were no further questions. The public hearing was closed.
Commissioner Kavanaugh made a motion to approve subject staff’s conditions; seconded by Commissioner Roth-Wurster
DELIBERATIONS:
Commissioner Kavanaugh states it meets the standard and is a common practice for the area. Does not look to be visible from Quentin and is keeping with the neighborhood.
Commission Roth- Wurster agrees it meets the standards.
Chairman Wood states it is a unique circumstance and acknowledges that there are similar fences along Quentin Rd and states it is a reasonable request.
Chairman Wood summarized that this request has met the standards and was unanimously approved by a vote of 8-0. This item will tentatively go to Village Council on July 10th, 2023.
| RESULT: RECOMMEND TO APPROVE [UNANIMOUS]
MOVER: Kevin Cavanaugh, Commissioner SECONDER: Cindy Roth-Wurster, Commissioner AYES: Noonan, Roth-Wurster, Friedman, Wood, Luszczak, Bettenhausen, Kolososki, Cavanaugh ABSENT: Fedota |
SU-000038 - 1507 E. Gloria Drive
Notice was published in the Journal & Topics on June 8th, 2023 and mailed to the owners of the surrounding properties.
Petitioner's Exhibits:
1. Special Use Application
2. Petitioner Statement
3. Site Plan
4. Fence Elevation
5. Site Photos
6. Petitioner Pictures
7. Neighbor Support
8. Certificate of Publication
9. Public Notice
Ms. Bremanis gave a brief overview of the request stating the petitioner is proposing to build a 4’ tall picket fence set 5’ off the property line along N. Richards Dr. which is the side yard abutting a street yard and a minimum set back of 20 feet is required.
Sworn in petitioner: Chris Mortiz - 1507 E. Gloria Drive
Mr. Mortiz states that he and his wife would like to extend the backyard so that his kids and pets would have more room to play in the yard. He doesn’t want to close off his yard to the neighborhood and explains that his yard is a u-shape configuration and provides pictures of the existing conditions. The picket fence would deter people from cutting through his yard or theft of his lawn furniture. He states that they purchased the house recently and there were bushes in the corner lot that he removed before realizing a special use would be required for the 4-foot picket fence.
Commissioner Cavanaugh confirms that it would be an open style fence and that there would be no issues with the neighbor’s driveway.
Mr. Mortiz states that is correct.
Ms. Woods asks how long they have lived in the home and have they spoke to the neighbor.
Mr. Mortiz states they have lived there since July of 2022 and the neighbor has no issues.
Ms. Bremanis give an overview of the property and states the required minimum front yard setback is 30 feet and the petitioner is proposing to install a 4-foot tall open picket style fence in the front yard approximately 5’ from the property line. She states that the height and setback from the driveway to the south was reviewed by Staff and should not pose a line of site concern with the proposed fence location. She also states the neighbor to the south has submitted a letter of support for the proposed fence.
Building and Engineering reviewed and had no issues.
STAFF RECOMMENDATION:
The Petitioner is proposing to enclose their rear and side yard abutting N. Richards Drive with a 4-foot tall picket fence. The proposed fence will be set back 5 feet from the side property line. Until recently there were bushes at the lot line along N. Richards Ave. The Petitioner removed these bushes and is proposing to replace them with a 4-foot picket style fence which allows for a better line of sight than the bushes allowed. In addition, the Petitioner indicated several properties in the area with fences corner side yards. Therefore, Staff recommends approval of the Special Use, subject to the following conditions:
1. The Special Use shall substantially conform to the Site Plan submitted by the Petitioner, Christopher Mortiz, except as such plans may be changed to conform to the Village Codes and Ordinances.
Ms. Bremanis notes states that it should say “Site Plan & Elevation Plan” in the “Conditions”.
Commissioner Friedman asks if landscaping screening is applicable to this request as per the ordinance.
Ms. Bremanis states that ordinance was changed approximately a year ago that allows open style 4’ fencing to not have landscaping. If it was a closed fence, it would be required.
There were no further questions. The public hearing was closed.
Commissioner Cavanaugh made a motion to approve subject staff’s conditions; seconded by Commission Kolososki.
DELIBERATIONS:
Commissioner Cavanaugh states this is a unique case and technically the front yard is more of a side yard. He states the open style fence at 4 feet tall is an easy “yes”.
Commissioner Kolososki states the fence would address and solve the safety issue factor that the petitioner mentioned.
Commissioner Friedman stated his concern regarding the line of site risk factor backing out of the driveway even with an open style picket it is an L-shape configuration which would put you at risk.
Commissioner Kolososki notes the 4-foot height would provide visual access. Commissioner Friedman notes that would be true if you were driving a truck.
Commissioner Roth-Wurster states it is a bit of a concern but states the open fence would reduce the risk factor.
Commissioner Wood states it fits in with the neighborhood and they are duplicating similar styles.
Chairman Wood summarized that this request has met the standards and was approved by a vote of 7-1. This item will tentatively go to Village Council on July 10th, 2023.
| RESULT: RECOMMEND TO APPROVE [7 TO 1]
MOVER: Kevin Cavanaugh, Commissioner SECONDER: Robert Kolososki, Plan Commissioner AYES: Noonan, Roth-Wurster, Wood, Luszczak, Bettenhausen, Kolososki, Cavanaugh NAYS: Friedman ABSENT: Fedota |
3. 552 E. Northwest Highway
SU-000044 - 552 E. Northwest Highway
Notice was published in the Journal & Topics on June 8th, 2023 and mailed to the owners of the surrounding properties.
Petitioner's Exhibits:
1. Special Use Application
2. Proof of Ownership
3. Plat of Survey
4. Floor Plan
5. Business Plan
6. Public Notice
Mr. Bradshaw provides an overview of the request and states the petitioner is proposing to take over the existing tenant space and open a dental laboratory, Prosthetics Dental Laboratory, that specializes in making dentures for dental clinics.
Sworn in petitioner: Hugo Cazares - 552 E. Northwest Highway
Mr. Cazares states his business makes teeth for dental offices such as dentures and crowns. The process is a work of art and all prosthetics are made by hand. Their business works directly with the dentists who provide them with the molds. They do not work with patients and patients do not come to their office.
Chairman Wood asks if they make molds.
Mr. Cazares states the dentist makes the impressions and they process and finish and send back to the dentist for the patients.
Commissioner Kolososki confirms that the work is sent to them and that patients are not in the office.
Mr. Cazares states that is correct - they do not see people in the office. Commissioner Kolososki asks what the standard business hours are. Mr. Cazares states they are open from 8am-5pm.
Chairman Wood asks if this is a new or existing business.
Mr. Cazares states it is a new business.
Commissioner Roth-Wurster asks if there are any safety risks in regards to noise or smells.
Mr. Cazares states there is absolutely no risks or concerns.
Commissioner Friedman asks if there are any issues from the drilling/grinding that would produce fine dust or anything else that could be air borne or water concerns.
Mr. Cazares explain that the teeth are prefabricated from wax and are made according to doctors’ instructions.
Mr. Bradshaw states the property is zoned B-2 General Business. All departments reviewed and have identified no issues with this request.
STAFF RECOMMENDATION:
The Petitioner is proposing to open a dental laboratory at the subject property. The dental lab will only have a few employees and does not service customers, as their customers are dental practices and practitioners, therefore the existing parking should be sufficient for the proposed use and complies with Code. Additionally, as the process of creating prosthetic teeth will be contained to the interior of the tenant space, and the final product is typically mailed to the final recipient, the use should not cause any injury to the value of the properties in the surrounding neighborhood. Therefore, Staff recommends approval of the Special Use, subject to the following condition:
1. The Special Use shall substantially conform to the Flood Plan and Business Plan submitted by the Petitioner, Hugo Cazares, 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.
Commissioner Roth-Wurster Made a motion to approve subject staff’s conditions; seconded by Commissioner Noonan.
DELIBERATIONS:
Commissioner Roth-Wurster states it meets the standards of public health safety and welfare - should cause no harm.
Chairman Wood states this is a medical use with normal business hours and does not require any parking demands or hazardous materials.
Chairman Wood summarized that this request has met the standards and was unanimously approved by a vote of 8-0. This item will tentatively go to Village Council on Monday, July 10th, 2023.
| RESULT: RECOMMEND TO APPROVE [UNANIMOUS]
MOVER: Cindy Roth-Wurster, Commissioner SECONDER: Patrick Noonan, Plan Commissioner AYES: Noonan, Roth-Wurster, Friedman, Wood, Luszczak, Bettenhausen, Kolososki, Cavanaugh ABSENT: Fedota |
SU-000042 - 790 W. Northwest Highway
Notice was published in the Journal & Topics on June 8th, 2023 and mailed to the owners of the surrounding properties.
Petitioner's Exhibits:
1. Special Use Application
2. Proof of Ownership
3. Plat of Survey
4. Site Plan
5. Elevations
6. Floor Plan
7. Business Plan
8. Public Notice
Mr. Bradshaw gave a brief overview of the request stating the petitioner is proposing to renovate the existing building on the site to open a restaurant with a drive thru. The restaurant will be a full-service coffee bar and dine-in restaurant with liquor service.
Sworn in petitioner: Spiro Kalkounos - attorney for 790 W. Northwest Highway - representing the petitioner.
Mr. Kalkounos states the location is the former Peapod location and his client is a long-time restaurateur. Would like to open coffee shop/full service restaurant on the inside with liquor and drive thru would not have liquor but would offer other breakfast and lunch selection. His business plan requires the drive thru to meet his economic plan.
Chairman Wood asks about the 45-degree parking space.
Mr. Kalkounos states that the reason for the parking is for maneuvering thru the drive thru area and backing out safety.
Chairman Wood asks about his other ventures.
Mr. Kalkounos notes he is the current principal in this venture and is also the principal at other notable restaurants and states he has had 13 restaurants in recent years.
Commissioner Kolososki asks if there is any access to site off Northwest Highway.
Mr. Kalkounos states a curb cut could be requested but he doesn’t see any
VILLAGE OF PALATINE Page 9
Minutes Planning and Zoning Commission June 27, 2023
benefit from that.
Commissioner Bettenhausen asks if there will be signs to direct customers to drive thru.
Mr. Kalkounos states there would be sign/arrows.
Commissioner Bettenhausen asks if there is a handicap access ramp. Mr. Kalkounos states he is not sure if there is an existing ramp but would provide one as required.
Chairman Wood asks if the footprint of the existing building would remain the same and only the interior would be remodeled.
Mr. Kalkounos states that is correct.
Chairman Wood asks about hours and the liquor license.
Mr. Kalkounos states it would be open for breakfast thru dinner. Chairman Wood notes that the request states hours would be 6am to 8pm. Mr. Kalkounos states that is correct.
Commissioner Cavanaugh asks if there is a full bar or just a service bar. Mr. Kalkounos states it is just a service bar.
Commissioner Bettenhausen asks if the shopping center parking is also available.
Mr. Kalkounos states that it is being discussed but currently it is not part of the plan.
Mr. Bradshaw states that parking will meet code as is.
Chairman Wood asks about an escape lane at the drive thru.
Mr. Bradshaw states the drive thru has an adequate escape lane at the drive thru because there are various escape points that will allow them to access the exterior drive aisle to exit the property.
Commissioner Friedman asks about the order board - is it in the drive lane or the side.
Mr. Kalkounos states he’s not sure but he believes it is at the side by the entrance.
Mr. Bradshaw provides background on the property. He states the petitioner is proposing to open a new restaurant with drive thru and requesting a liquor license for the restaurant. He states it will be a full-service coffee bar and a dine in restaurant. Proposed hours are 7 days a week from 6am to 8pm. He states the parking spaces would require a variation to permit the angles parking spaces that would be 19.1 feet deep instead of the required 19.8 feet. There are 28 parking spaces provided which 2 are handicapped. All departments have reviewed and Community Services stated Bollards need to be added around the exterior of the outdoor patio seating. Environmental Health stated a permanent food establishment permit shall be applied for and reviewed during permit stage. All other departments had no issues.
Commissioner Kolososki asks about signage.
Mr. Bradshaw states that signs have not been proposed at this time. Commissioner Cavanaugh if there are any staff parking requirements. Mr. Bradshaw states that parking is still being discussed with landlord.
STAFF RECOMMENDATION:
The Petitioner is proposing to open a new restaurant, with drive-thru at the former Peapod food store. The existing building will be renovated to accommodate a full-service coffee bar and a dine-in restaurant with alcohol service included. Additionally, the Site Plan submitted by the Petitioner indicates that the existing parking stalls south of the building will be reconfigured to allow for an increased number of parking stalls, thus meeting the minimum required parking count.
Ultimately, as the previous business at the subject property operated with a drive-thru, with no identified issues, the proposal should not cause any injury to the value of the other properties within the surrounding neighborhood. Therefore, Staff recommends approval of the Special Use and Variation, subject to the following conditions:
1. The Special Use shall substantially conform to the Site Plan, Floor Plan, and Business Plan submitted by the Petitioner, George Kalkounos, 790 W. Northwest Highway, LLC, except as such plans may be changed to conform to Village Codes and Ordinances.
2. Any final traffic directional signage or pavement markings for the one-way drive aisle shall be submitted in a manner acceptable to the Village Engineer.
3. Bollards shall be installed as a buffer between the outdoor patio seating, south of the building, and the one-way drive aisle. A Site Plan and elevation of the bollards shall be submitted in a manner acceptable to the Director of Planning and Zoning.
There were no further questions. The public hearing was closed.
Commissioner Cavanaugh Made a motion to approve subject staff’s conditions; seconded by Commissioner Bettenhausen.
DELIBERATIONS:
Commissioner Cavanaugh states his only issue is the parking but finds it to be a great use of the property.
Chairman Wood states that it would be a good use of the vacant building. Business hours are acceptable and states the small variation would be acceptable.
Chairman Wood summarized that this request has met the standards and was unanimously approved by a vote of 8-0. This item will tentatively go to Village Council on July 10th, 2023.
| RESULT: RECOMMEND TO APPROVE [UNANIMOUS]
MOVER: Kevin Cavanaugh, Commissioner SECONDER: Rodney Bettenhausen, Plan Commissioner AYES: Noonan, Roth-Wurster, Friedman, Wood, Luszczak, Bettenhausen, Kolososki, Cavanaugh ABSENT: Fedota |
SU-000028 - 1280 E. Dundee Road
Notice was published in the Journal & Topics on June 8th, 2023 and mailed to the owners of the surrounding properties.
Petitioner's Exhibits:
1. Special Use Application
2. Proof of Ownership
3. Plat of Survey
4. Floor Plan
5. Business Plan
6. Business Plan Addendum Email
7. Menu
8. Retail Food Store Information
9. Public Notice
Mr. Bradshaw provides an overview of the request and states the petitioner is proposing to renovate the existing tenant space to open a new restaurant, Aragvi. The Georgian style restaurant will be s full service restaurant with a bar. As an accessory use of the space, the Petitioner is also proposing to host banquet events with live entertainment within the space. Petitioner is requesting special use to permit a restaurant to operate with a liquor license and special use to permit live entertainment.
Sworn in petitioner: Oleg Gurevich -1280 E. Dundee Road - representing the petitioner.
Mr. Gurevich is representing the petitioner. He gave a brief overview of the request stating the petitioner is proposing to open a restaurant and has a history in the restaurant business. He currently has an existing location in Buffalo Grove. The restaurant would be a Georgian Style and would be Turkish, Middle Eastern food consisting of meat, breads and healthy food selections. Looking forward to a successful business.
Chairman Wood asks if this is the same style restaurant as the Buffalo Grove location and would like more information on the live entertainment. Mr. Gurevich states that they would be providing the space and the patrons would be providing the live entertainment.
Chairman Wood asks what hours would live entertainment be allowed and if they plan to provide live entertainment if there are no parties planned. Mr. Gurevich states the hours would be Friday and Saturday 12PM to 1am and Sunday 12PM to 8pm. The restaurant may consider their own live entertainment if no parties are booked during a weekend.
Chairman Wood asks about the back door and if there would be employees or patrons entering or exiting through the back door. It is her concern that the opening of the back door would allow excess noise that may be a bother to the neighbors. She asks how this might be addressed.
Mr. Bradshaw states that the door would only be accessed by employees who may use it to take out garbage but the owner could work with the employees to ensure it would not be left open.
Commissioner Cavanaugh points out that there are several walls from the stage area to the back door that would buffer the live entertainment.
Mr. Bradshaw provides information on the site and states the property is zoned B-2 General Business District. The space is approximately 10,000 sq. feet with an additional 10,00 sq. foot basement. The basement is mostly unimproved and no additional work is proposed, except for the reuse of the walk in cooler and storage. The petitioner is proposing to keep the general existing layout which include a dining room, bar area, party room and kitchen. The main changes are to include the retail food store, new kitchen equipment and a stage for entertainment. All departments have reviewed. Environmental Health noted a permanent food establishment permit and building permit shall be obtained. All other departments have no issues.
Chairman Wood asks how far is the back door from the closest resident. Mr. Bradshaw states it is approximately 100 feet.
Commissioner Kolososki asks if the shopping center has a history of any noise complaints from previous tenants.
Mr. Bradshaw is not aware of any previous complaints.
Conversation ensues regarding whether the back door will be left open and how this will be deterred.
Commissioner Cavanaugh notes a similar request had a security plan in place and wondered if there would be security plan in place for this location. Mr. Bradshaw states that there is a condition in place that the petitioner would submit a security plan to the Police Department and Planning and Zoning Director.
Chairman Wood states she would like to strike a balance regarding the back door noise issue.
Commission Noonan states that there is actually 200’ from the backdoor to the resident and believes that the noise should not be an issue.
Commissioner Cavanaugh asks where the dumpsters are located. Mr. Bradshaw states the dumpsters are fence and closed and refers to the drawing to provide the location.
Commissioner Cavanaugh states that the doors would require to be opened for garbage but with all the buffers between the stage and the back door it really shouldn’t be a problem.
Chairman Wood states that the dumpster banging and the live entertainment noise may be disruptive.
STAFF RECOMMENDATION:
The Petitioner is proposing to open a new restaurant at the subject property, with a liquor license and occasional live entertainment events. The Petitioner has indicated that the layout of the new restaurant will remain similar to the previous restaurant’s occupancy, therefore, the parking requirement remains unchanged. Regarding the live entertainment, the stage will be setup near the front entrance, putting it as far as possible from the rear of the building which abuts a residential district to the north of the shopping center.
As the subject tenant space has been utilized as a restaurant in the past, the proposed use should not cause substantial injury to the value of other properties within the surrounding neighborhood. Therefore, Staff recommends approval of the Special Use, subject to the following conditions:
1. The Special Use shall substantially conform to the Floor Plan and Business Plan submitted by the Petitioner, Pavel Ivanoff, except as such plans may be changed to conform to the Village Codes and Ordinances.
2. Hours of operation shall not be later than 2 AM for special events and for those with live entertainment. Prior to implementing the first special event, the Petitioner shall submit a security plan in a manner acceptable to the Police Department and Planning and Zoning Director. This could include additional security measures and protocols required by the Village.
3. Live entertainment shall only be on the weekends, Friday through Sunday, and shall only be located at the designated stage area within the restaurant.
Commissioner Cavanaugh asks what the standards are for the Security plan in condition 2.
Mr. Bradshaw explains that the petitioner would email a security plan to staff that would explain the safety measures that will be in place for the shopping center and the venue.
Ms. Bremanis states that a meeting may also occur between the tenant and police department to address safety issues.
Chairman Wood asks if the protocols might include noise abatement. Mr. Bradshaw states there are codes in place for noise standards and restrictions.
There were no further questions. The public hearing was closed.
Commissioner Kavanaugh made a motion to approve subject staff’s conditions; seconded by Commissioner Noonan.
DELIBERATIONS:
Commissioner Cavanaugh states the petitioner has proven management, with a successful past and comfortable with conditions proposed., meets the standards and a good use of the space.
Chairman Wood states there are definite differences from previous tenants and hopes that they work with the residents if there are any noise complaints. Will be a good addition to the plaza.
Commissioner Kolososki states he thinks it is a good use.
Commission Roth-Wurster states she is familiar with the area and believes this will be a good use of the space.
Chairman Wood summarized that this request has met the standards and was unanimously approved by a vote of 8-0. This item will tentatively go to Village Council on July 10th, 2023.
| RESULT: RECOMMEND TO APPROVE [UNANIMOUS]
MOVER: Kevin Cavanaugh, Commissioner SECONDER: Patrick Noonan, Plan Commissioner AYES: Noonan, Roth-Wurster, Friedman, Wood, Luszczak, Bettenhausen, Kolososki, Cavanaugh ABSENT: Fedota |
Communications:
Mr. Bradshaw states the July 11th meeting with have a couple of items. The last meeting of June 13th will be heard at the 7/10/23 Village Council Meeting.
V. ADJOURNMENT
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