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Home My WebLink About08/23/2001 ZBA minutes 21-2001 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-21-2001 Hearing Date: August 23, 2001 PETITIONER: W. Thomas Niemira, Agent 285 W. Dundee Road Palatine, IL 60074 PUBLICATION DATE: July 11, 2001 Journal/Tol~ics REQUEST: Conditional Use for a drive-thru & Variations MEM~BERS PRESENT: Leo Floros Richard Rogers Keith Youngquist Arlene Juracek, Chairperson MEMBERS ABSENT: Merrill Cotten STAFF MEMBERS PRESENT: Judy Connol!y, AICP, Senior Planner Mike Blue, AICP, Community Development Deputy Director INTERESTED PARTIES: Jason Doland, Doland Engineering' Thomas & Lily Hung D. Scott Mackay W. 'l'homas Niemira Pat O'Brien Nitin Patel Chairperson Arlene Juracek called the meeting to order at 7:33 p,m. The minutes of the July 26, 2001 meeting were approved 4-0. At 7:35, under Old Business, Chairperson Arlene Juracek introduced Case No. ZBA-21-01, a request for a Conditional Use for a drive-thru & Variations for landscape requirements and setbacks for a proposed Dunkin DonutsfBaskin-Robbins at 1001 S. Busse Road at the corner of Golf Road. Judy Connolly, Senior Planner, introduced the staff memorandum for the case. Ms. Connolly stated that discussion on the petitioner's project was continued from the July ZBA meeting. She reviewed the petitioners' requests for variations to the rear (south) setback: 1) locate building 16-feet from rear lot line when the Zoning Ordinance requires a 20-foot setback; 2) allow the drive-thru lane to encroach 8-feet into the 10-foot setback; and 3) relief from landscaping requirements to have less than a 10-foot landscape setback for portions of the-south lot line. She said that the petitioner is seeking variations for the side (east) setback to 1) allow the drive-thru lane to encroach 6-feet into the 10-foot setback; 2) relief from landscaping requirements to have less than a 10-foot landscape setback for portions of the east lot line; and 3) to locate the dumpster 5.6-feet from the lot line when code requires a 10-foot setback. Ms. Connolly explained that the petitioner revised the exhibits and that the information is for this project. She said that the floor plan is specific to this site, the revised elevations show that the exterior of the building will be constructed of face brick, and metal panels will be used instead of EIFS. Ms. Connolly said that the petitioner prepared a separate landscape plan that incorporates staff's comments from the July ZBA meeting. Ms. Connolly said that even though the landscape plan requires variations, the amount and type of landscaping used minimizes the impact of the reduced setbacks, and that the plan complies with the intent of the Village regulations, including the Corridor Design Guidelines. Ms. Connolly said that based on the findings listed in the previous staff memo and the revised plans that the proposed Conditional,Use request for a drive-thru would comply with the standards listed in the Zoning Ordinance. In addition, she said that the requested Variations reflect the petitioner's attempts to meet Village code requirements and create a viable commercial center. Therefore, staff recommends approval of the requested setback and landscaping variations reviewed and a Conditional Use for a Dunkin Donuts/Baskin Robbins with a drive-thru at I001 S. Busse Road, Case No. ZBA-2t-01, subject to the following conditions: Zoning Board of Appeals ZBA-21-2001 Arlene Juracek, Chairperson Page 2 1. The speaker box cannot be used after 10 p.m., which requires that all drive-thru orders are placed at the drive- thru window from 10 p.m. to 6 a.m. 2. The entire site and building are developed in compliance with all other Village Codes. 3. The building be constructed from bricks as presented by the petitioner at the July ZBA meeting. Ms. Juracek remarked that the revised interior drawings indicate cooking equipment. Ms. Connolly said that the business would not be a satellite store as previously presented by the petitioner, but a full operation that includes baking. She said that the petitioner was available to go into more detail on store operations. Ms. Juracek asked the petitioner to present the project. Tom Niemira was sworn in and stated that the architect, engineer, franchiser, and a representative from Dunkin Donuts were present to answer questions. Scott Mackay, 40 Crystal St., Cary, was sworn in. He said that he is the architect for the proposed building. He explained the changes made to the building design, building matarials, and the sign plan. He noted that they removed the separate menu board and the drive-thru sign. He said that arrows painted on the pavement would identify the drive-thru. Ms. Juracek asked if the arrows on the pavement would be covered by snow and ice in the winter. Mr. Mackay said they would have regular plowing and de-icing to ensure clear directions throughout the lot. Keith Youngquist questioned the location of the freezer. Mr. Mackay said that the location of the freezer was integral to the building and that it would be constructed out of the same material as the building so it would appear as part of the building. Jason Doland, Doland Engineering, said that the outside area of the dumpster would be covered by plantings year round. Richard Rogers asked that taller trees replace the 36" shrubs. He said that planting 4-5' tall trees or shrubs that grow to 6-8' would screen the dumpster more effectively. Mr. Doland said they could change the species to a taller variety such as a columnar arborvitae. Pat O'Brien, 9410 Lackland Court, Crystal Lake, was sworn in. Mr. O'Brien said that he is the representative from Dunkin Donuts. He stated that the building would house Dunkin Donuts and Baskin-Robbins and would be operated as one business with the same employees. He said that customers would be able to order any items regardless of the customer's location in the store or drive-thru lane. He stated, that the speaker would be closed during night hours as recommended by staff. Richard Rogers asked if the freezer could be located entirely within the building. Mr. O'Brien said that the building was scaled back as much as possible to fit on the site, which was small, and that the inside storage area was required for dry products while the outdoor freezer space was needed for ice cream. He said that the freezer would be bricked- in and completely screened. Mr. Niemira introduced Nitin Patel, o~vner of the proposed franchise. Mr. Patel said that he owns the Dunkin Donuts franchise at Elmhurst Road and Dempster. He described the proposed business and said that it would be operated 24 hours a day, 7 days a week. Chairperson Juracek asked if anyone in the audience wanted to speak about this case. As there was no response, Chairperson Juracek closed the public hearing at 7:50 and asked for discussion from the Zoning Board members. She thanked the petitioners for the revised .drawings and presentation. Mr. Rogers said he was not in favor of the driveway being next to the neighbor's house, but that it appears that the neighbor does not seem to mind since he did not,voice any protest. He asked that 5-6' evergreens be planted between the driveway and the neighbor and around the dumpster. Mr. Niemira agreed to this request and said that the landscape plan would be changed to reflect taller evergreens. Ms. Juracek pointed out that the business would be an improvement over the vacant lot. oning Board of Appeals ZBA-21-2001 Arlene Juracek, Chairperson Page 3 Richard Rogers moved to recommend approval to the Village Board of Case No. ZBA-21-01, a request for a Conditional Use for a drive-thru, Variations for landscape requirements and setbacks listed in the staff memo, the conditions listed in staff's memo, and the additional conditions: 1) Plant 5' tall evergreens around the dumpster, 2) Plant 5' tall evergreens along the south lot line, 3) Construct the freezer from brick face material and appear as part of the building. Keith Youngquist seconded the motion.. UPON ROLL CALL: AYES: Floros, Rogers, Youngquist and Juracek NAYS: Motion was approved 4-0. At 8:45 p.m., Richard Rogers made a motion to adjourn, seconded by Keith Youngquist. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary SudY'¢o~noi~,~enioYPl~n-ner -