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Village of Palatine Zoning Board of Appeals met Nov. 26

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Scott Lamerand, Council Member - District 2 | Village of Palatine

Scott Lamerand, Council Member - District 2 | Village of Palatine

Village of Palatine Zoning Board of Appeals met Nov. 26

Here are the minutes provided by the board:

I. CALL TO ORDER

Attendee Name Title Status Arrived

Patrick Noonan Commissioner Present

Cindy Roth-Wurster Commissioner Present

Eric Friedman Vice Chairperson Present

Jan Wood Chairperson Present

Rodney Bettenhausen Commissioner Present

Robert Kolososki Commissioner Absent

Kevin Cavanaugh Commissioner Absent

Stephen Fedota Commissioner Present

Tim Schubert Commissioner Present

II. MEETING MINUTES

1. Planning and Zoning Commission - Regular Meeting - Nov 12, 2024 7:00 PM - Accepted

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Eric Friedman, Vice Chairperson

SECONDER: Patrick Noonan, Commissioner

AYES: Noonan, Roth-Wurster, Friedman, Wood, Bettenhausen, Fedota, Schubert

ABSENT: Kolososki, Cavanaugh

III. PUBLIC HEARING

1. 1101 S. Smith Street - Withdrawn

It was determined that the Petitioner's site plan and subsequent setback request was incorrectly measured. Consequently, a new notice and mailing notification will be required for consideration at a future Planning and Zoning Commission meeting.

RESULT: WITHDRAWN

2. 249 E. Palatine Road - Withdrawn

The Petitioner has updated the site plan, increasing the lot coverage to 80%, compared to the 78% indicated in the notice. As a result, a new notice and mailing notification will be required for consideration at a future Planning and Zoning Commission meeting

RESULT: WITHDRAWN

3. 1185 E. Dundee Road - Recommend To Approve

SU-000128-2024 – 1185 E Dundee Rd

Notice was published in the Journal & Topics on October 24th, 2024 and mailed to the owners of the surrounding properties. Petitioner's Exhibits:

. Special Use Application

. Proof of Ownership

. Plat of Survey

. Floor Plan

. Revised Business Plan 11-18-24

. Initial Business Plan Submitted on 10-16-24

. Public Notice

Background:

Ms. Bremanis provides background and states the subject property is zoned 

Planned Development (#O-132-85), and is within the Park Place/Wal-Mart Subdivision. The previous occupant of the 1,200 square foot subject tenant space was Marie’s Fit Club, which operated as a Zumba/dance studio. The shopping center is located near the southwest corner of the intersection of E. Dundee Rd and N. Baldwin Rd. The shopping center is attached and directly north of the Goodwill. Other uses in the shopping center include Wing Stop, Spring Salon, Subway, and Bright Dental.

The Petitioner is proposing to open an event hall/banquet facility at the subject property that would provide a space for clientele to host events. No food or beverage will be offered by the facility operator. The space will include tables and chairs, with the option for clients to provide their own food and non-alcoholic beverages. The Petitioner is requesting a Special Use to permit a banquet facility at the subject property.

Sworn in petitioner:

Carmelo Martinez – 1185 E Dundee – Palatine, IL - Petitioner

Juan Raez – 5550 Astor Ln – Rolling Meadows, IL- Son of Petitioner

Cory Bruce – 27 N Green St – Chicago, IL – Property Owner

Mr. Martinez explains that he currently operates Spring Salon in this strip mall and is interested in opening a small banquet facility in the vacant space next door. He shares that many of his salon customers and friends have expressed a need for a small venue with tables and chairs for gatherings, such as birthday parties and special occasions.

Mr. Bruce states that he has a positive working relationship with Mr. Martinez and regards him as a responsible business owner. He provides additional details about the proposed facility, which could accommodate 40–45 people, offering tables and chairs for use. The facility’s concept is unique, as it would only provide the venue, while customers would bring their own food and beverages. Alcoholic beverages would not be permitted.

Customers would also have the option to bring devices such as iPads or phones, and the facility would supply a speaker for music. However, DJs and live music would not be allowed. Proposed business hours are Monday through Sunday, 8:00 AM to 11:00 PM. Typical events would include children's birthday parties, anniversaries, and other small gatherings.

Mr. Bruce expresses confidence that the banquet facility would be a valuable addition to the strip mall and does not foresee any issues with surrounding businesses. He mentions that the salon currently operates with a security system featuring eight cameras, and a similar system would be installed in the new facility. Additionally, Mr. Martinez plans to have staff on-site to oversee events and ensure the facility is monitored. He intends to hire event planners and managers for this purpose.

Chairman Wood notes that the space is relatively small, approximately 1,200 square feet, and questions how it could accommodate 45 people. She also inquires about how the facility would monitor and enforce the no-alcohol policy.

Mr. Martinez explains that 45 is the maximum capacity, but he expects most parties to host fewer than 40 guests. Addressing the alcohol concern, he states that since his salon is located next door, he would be able to monitor the events personally and shut down any party if the no-alcohol policy is violated.

Additionally, he mentions that on-site staff would also be responsible for enforcement.

Chairman Wood further asks how the no-alcohol policy would be communicatedand enforced.

Mr. Martinez responds that there would be a clear agreement with the customer, explicitly stating the no-alcohol policy.

Chairman Wood then inquires about staffing for events.

Mr. Martinez reiterates that he would personally be on-site along with staff members. He plans to have four staff members present during events to oversee operations and ensure compliance.

Chairman Wood asks staff about health department requirements for homemade food.

Ms. Bremanis states that homemade food is permitted for private events.

Commissioner Friedman seeks clarification on business ownership. He asks if Mr. Martinez is the leaseholder, has a contract, and whether he plans to work with a third party to find event clients.

Mr. Martinez confirms that he is the owner and plans to promote his business on social media.

Chairman Wood notes that Mr. Martinez already has a customer base through his salon, and Mr. Martinez adds that his customers have expressed a demand for this type of venue.

Commissioner Schubert inquires about the duration of party events.

Mr. Martinez states that event lengths will be determined at the time of booking.

Commissioner Schubert follows up, asking how many events Mr. Martinez anticipates booking per week.

Mr. Martinez hopes to host at least five events weekly.

Chairman Wood reiterates her concern about the limited space and asks how guests will socialize or dance.

Mr. Martinez explains that in Mexican culture, tables and chairs are typically moved to one side to create a space for dancing.

Commissioner Bettenhausen asks about the type of flooring in the space, whether customers will be responsible for cleanup, and if cleaning supplies will be provided.

Mr. Bruce states that the venue features ceramic tile and carpet. Cleaning supplies will be provided for customer use after events.

Commissioner Schubert asks how garbage will be removed.

Mr. Martinez explains that garbage will be carried out through the front door to the shared dumpster at the rear of the building since there is no back door. Commissioner Friedman asks if the same garbage removal arrangement applies to the salon.

Mr. Martinez confirms that it does.

Commissioner Fedota asks if the dumpster is shared with other businesses.

Mr. Bruce confirms it is and explains that, as the owner, he schedules garbage service several times per week as needed.

Chairman Wood asks if Mr. Martinez has discussed the no-alcohol policy with his salon customers.

Mr. Martinez states that he has discussed the no-alcohol policy with his customers. He reiterates his commitment to adhering to the village’s rules and being clear with customers about the policies. If any rules are broken, the party will be shut down. He assures that overcrowding and alcohol will not be permitted.

Commissioner Bettenhausen asks about the pricing packages outlined in the business plan, specifically the Basic, Premium, and Deluxe options.

Mr. Martinez clarifies that there will not be different plans; pricing will be uniform for all parties.

Commissioner Bettenhausen inquires about the food counter shown on the asbuilt drawing and asks if it is a fixed installation.

Mr. Bruce explains that the food counter is modular and can be moved or relocated to create additional space if needed.

Chairman Wood notes that the prior business in the space was a Zumba studio and asks if music ever caused issues during that time.

Mr. Martinez states there were no issues, and Mr. Bruce adds that there were no complaints from surrounding businesses regarding loud music from the Zumba studio.

Commissioner Fedota asks about the type of music allowed and whether there would be a noticeable difference between using a loudspeaker or a DJ.

Mr. Martinez clarifies that he will provide speakers with a maximum output of 800 watts.

Commissioner Fedota then asks whether the food for events will be catered or homemade.

Mr. Martinez confirms that the food will be homemade and brought in by the customers.

Ms. Bremanis provides additional information regarding parking, stating that there is ample parking available and the request does not require a parking variation. She also confirms that no food will be prepared on-site, and the space will not have freezers or stoves.

Commissioner Noonan asks if sternos would be allowed to keep food warm.

Ms. Bremanis responds that Fire Prevention would provide guidance on what would be permitted.

Commissioner Schubert inquires if the same rules would apply to crockpots.

Ms. Bremanis states that such details would need to be addressed if the proposal moves forward for approval.

Chairman Wood emphasizes that food-related issues would need to be resolved.

Commissioner Friedman asks if the approval process would need to be revisited should any changes to food preparation, such as the addition of refrigerators or stoves, occur.

Ms. Bremanis confirms that it would, but notes that beverage coolers, like those commonly found in small businesses, could typically be added without a food permit.

Commissioner Roth-Wurster asks if there are any nearby residential properties that could be affected by noise levels from the business.

Ms. Bremanis refers to a site map, pointing out that any residential properties are located a significant distance from the proposed business. She also confirms there is no back door at the facility.

Commissioner Friedman questions whether staff’s conditions would need to be revised to reflect any changes to the business plan.

Ms. Bremanis states that the business plan changes would not impact the stated conditions. She also confirms that there will be security monitoring with three staff members dedicated to security.

Commissioner Fedota asks whether security monitoring will be conducted on-site or off-site.

Mr. Martinez explains that security will operate from an office at the back of the building, with personnel stationed at the front door and within the facility.

Additional monitoring will occur from his neighboring business.

Commissioner Bettenhausen asks for confirmation about the absence of a back door.

Ms. Bremanis reiterates that there is no back door.

Commissioner Friedman notes that Fire Prevention would determine the maximum occupancy, as this could necessitate a second egress. He observes that based on the site plan, which includes eight tables with six chairs per table, along with four staff members, the occupancy would exceed the maximum limit and require a second egress.

STAFF RECOMMENDATION:

The Petitioner is proposing to open a rental event space available, which offers a space with only tables and chairs. The proposed operations plan for the event/banquet hall business is not typical for these types of uses and has generated Staff concerns through the review process. Such typical uses generally provide food and services through the event space, rather than having it provided by the party renting the space. While this may not be a specific code requirement, the proposed operational circumstances and some of the business plan information place some of the use responsibilities (providing all of the food and beverage, cleaning up after the event, and addressing matters during the use of the space) upon the entity renting the space.

Staff and the Village’s Police Department have concerns with the hours of operation and events through 2 AM. From the Village’s experience, later evening hours have the potential for parties to include alcohol and disruption, notwithstanding the Petitioner’s indication of providing security personnel and video camera monitoring. Even as the business plan indicates security personnel would be on-site, having a space with the potential for large gatherings could provide an opportunity for parties to not use the space and its restrictions, which could also lead to negative impacts on the surrounding properties/businesses.

Staff thoroughly discussed these concerns with the Petitioner throughout the process and also recommended engaging a security partner to further vet and review the operational functionality of the security protocols with the police department.

Therefore, Staff recommends denial of the proposed Special Use. If the Planning and Zoning Commission decide to recommend approval of the proposed Special Use, Staff recommends the following conditions:

1. The Special Use shall substantially conform to the business plan and floor plan submitted by the Petitioner, Carmelo Jimenez Martinez, except as such plans may be changed to conform to the Village’s Codes and Ordinances.

2. Security shall be provided until 11 PM (Monday-Sunday) or 30 minutes after closing, whichever is later. Prior to the first event, the Petitioner and Staff will schedule a meeting with the Police Department to coordinate the proposed security plan information and services for the banquet hall. The provided security and should be coordinated with the Police Department and shall be provided for the banquet facility, as well as the shopping center during these times of operation.

3. The facility shall be permitted to hold events such as weddings, baptisms, cotillions, quinceañeras, social club events, reunions, family events, funeral luncheons, scheduled events or cultural events supporting a non-profit, religious or community organization, or similar events. All of these events shall not include any alcohol.

4. Village Staff shall conduct a 6-month review of the operations, parking, and traffic after the petitioner receives a certificate of occupancy. Pending the Petitioner’s event hall business operations, if determined to be necessary by the Staff review, an additional review will take place before the Village Council. If the additional review by Village Council is necessary, the Village Council reserves the right to impose any additional conditions on the Special Use without further public hearing, at such time of the 6-month review. Northing shall preclude the Village from any other enforcement and/or compliance actions afforded under the Code of Ordinances.

Chairman Wood questions the level of security provided for smaller meetings compared to larger parties.

Ms. Bremanis responds that different types of bookings may require distinct security measures.

Commissioner Friedman suggests adding a condition to ensure customers understand the rules, either through a signed contract or prominently displayed signage in the venue, clarifying the rules and penalties.

Ms. Bremanis states that this can be a recommendation.

Commissioner Fedota recommends meeting with the Crime Prevention Unit to address any additional concerns.

Chairman Wood observes that this type of business could be compared to party rentals at park districts or clubhouse events, where customers bring their own food and decorations.

Mr. Martinez mentions that he had an informal conversation with the police department, and they did not express any concerns.

Ms. Bremanis concludes by stating that staff's recommendation remains unchanged and that final approval will be up to the Village Council.

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

Commissioner Fedota Made a motion to approve subject staff’s conditions; seconded by Commissioner Schubert.

DISCUSSION:

Commissioner Schubert acknowledges the need for a place to celebrate but expresses concerns about food, cleanup, and potential issues with parties getting out of hand, as well as security. He believes that the business plan and concept need further testing before approval.

Commissioner Fedota commends the petitioner for his efforts in addressing concerns. He notes that Mr. Martinez already operates a business on-site, has local support, and recognizes the need for a small gathering space, rather than large events. While he shares concerns about parties potentially getting out of control, he believes that the limited number of events and guests makes the business concept appropriate. He also appreciates the inclusion of a 6-month review. Commissioner Fedota points out that this type of affordable venue for small gatherings is currently unavailable to customers.

Commissioner Friedman acknowledges the concerns raised and clarifies that the proposed use is not significantly different from a clubhouse. He highlights the staff and security measures in place, noting that the space is unique in its setting rather than its function. Commissioner Friedman points out that the business owner already operates a salon next door, and the landlord supports the new venture, which benefits both parties. He believes the end users will adhere to the rules, and suggests that the business contract could include a clause requiring a non-refundable deposit. Additionally, he recommends posting a sign indicating the maximum occupancy and outlining the facility’s rules, which could help reinforce expectations.

Commissioner Roth-Wurster emphasizes that the proposed venue is not large, but rather a smaller, clubhouse-like setting. She points out that other towns offer similar spaces, and notes that large banquet halls can be too costly for smaller gatherings. She appreciates the concept of trying something new and acknowledges that potential challenges are being addressed, including the implementation of contracts specifying the no-alcohol policy. Commissioner Roth-Wurster also supports the six-month review, viewing the business as unique and marketable. She commends the business owner for attempting something different and expresses her support for the request.

Chairman Wood expresses initial concerns about the small space but notes her approval of the revised business plan. She acknowledges that the petitioner is a credible business owner who is addressing security concerns. After discussing the petitioner’s intentions and plans, she is now in favor of the request, believing that it meets the health, safety, and welfare requirements for a special use.

Commissioner Bettenhausen agrees with Chairman Wood and is in favor of the request.

Chairman Wood summarized that this request has met the standards and was approved by a vote of 6-1. This item will tentatively go to Village Council on December 9th, 2024.

RESULT: RECOMMEND TO APPROVE [5 TO 1]

MOVER: Stephen Fedota, Commissioner

SECONDER: Tim Schubert, Commissioner

AYES: Noonan, Roth-Wurster, Friedman, Wood, Fedota

NAYS: Schubert

ABSENT: Kolososki, Cavanaugh

PASS: Bettenhausen

IV. COMMUNICATIONS

All items from the 11/12/24 Meeting were approved at Village Council:

343 W Palatine Rd - approved

33 N Winston Dr - approved

265 W Northwest Hwy - approved

There will be one item on the agenda for the 12/10/24 meeting

V. ADJOURMENT

https://palatinevillageil.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=3231&Inline=True

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