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HomeMy WebLinkAbout5. NEW BUSINESS 9/5/06 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENf FROM: DATE: SUBJECT: JULY 14,2006 PZ-12-06 - 1) AMEND ORD. 3797 (GRANTED SPECIAL USE TO OPERATE AN ANIMAL HOSPITAL IN THE BS DISTRICT) 2) PARKING VARIATION 888 E. NORTHWEST mGHW A Y DR. DONALD A. DREESSEN - APPLICANT The Planning & Zoning Commission transmits their recommendation to DENY Case PZ-12-06, a request to amend Ordinance 3797 to exclude the off-site parking requirement and a Variation to allow the animal hospital to have four off-street parking spaces when the Zoning Ordinance requires 12 off-street parking spaces. The Planning & Zoning Commission heard the request at their June 22, 2006 meeting. Judy Connolly, Senior Planner, summarized the request. She said that the Petitioner is in the process of selling the animal hospital building to Dr. Kim Ruffalo, who has been operating the current animal hospital business for the last several years. As part of the building sale transaction, the Petitioner proposes not selling the remote parking lot required for the animal hospital customers. The remote off-site parking was required as part of the Special Use approval granted in 1987 (Ordinance 3797). The Petitioner responded to the Commissioners questions. He stated that he is selling the 888 building now, and would at some point have to sell the other buildings. The Commission stated their concern that once the buildings are sold, there would be multiple owners and the parking issue would again arise. Dr. Dreessen stated that his intention would be to sell the buildings with the remote parking lot as a package. There was general discussion regarding the future development of the 800 block and specifically, the remote parking lot. The Commission agreed that the parking lot is a necessary part of that block, providing parking for several of the buildings on that block and a requirement for operation of the animal hospital. The Planning & Zoning Commission voted 6-0, with one abstention, to recommend that the Village Board deny the following motion: To approve amending Ordinance 3797 and granting Conditional Use approval and granting a Variation to allow an animal hospital to provide four off-street parking spaces for the property located at 888 E. Northwest Highway, Case Number PZ-12-06. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 18,2006 meeting. Staffwill be present to answer any questions related to this matter. . I 'I~.~"" ^ l~J.' J (- _, "J\j I. l;-..- William J. Cooney, Jr., !jm. H:\Pl.ANIPIlIIlIiIll "ZGaiD& COMMIPIcZ 2006'ME1 M.....IPZ.12-1J6 MEI (181 E NW lIWY}.doc: MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-U-06 Hearing Date: lune 22, 2006 PROPERTY ADDRESS: 888 E. Northwest Highway Donald A. Dreessen Trust PETITIONER: PUBLICATION DATE: PIN NUMBER: . June 7,2006 08-12-403-011-0000 REQUEST: Conditional Use- Amend original approval to exclude the off-site parking requirement and Variation .for off-street parking. Chair Arlene 1uracek Leo Floros Marlys Haaland Mary Johnson Richard Rogers Ronald Roberts Keith Youngquist MEMBERS PRESENT: MEMBERS ABSENT: Joseph Donnelly STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy'Director of Community Development 1ennifer Walden, Planning Intern INTERESTED PARTIES: Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the May 25, 2006 meeting and Keith Youngquist seconded the motion. The motion was approved 5-0; with Mary Johnson and Ronald Roberts abstaining. Marlys Haaland made a motion to continue cases PZ-05-06, PZ-I4-06 and PZ-l'-06 to the July 21, 2006 Planning and Zoning. Cominission Meeting. Ronald Roberts seconded the motion. The motion was approved 7-0. After hearing two previous cases, Chairpers(>n Juracek introduced Case Number PZ-12-06, a request to amend the original. approval to exclude the off-site parking requirement, at 8: 17 p.m. Judith Connolly, Senior Planner, stated that the Subject Property is located at the northwest comer of Northwest Hi8hway and George Street. She said the site currently contains an animal hospital and has four parking spaces behind the building. She stated that there is a remote parking lot specific to animal hospital customers located less than 100-feet from the Subject Property. She said the Subject Property is zoned BS Central Commercial and is bordered by the B5 District to the east and west, and by the RA Single Family District to the north; UPRR rail road tracks are located South of the site. Ms. Connolly stated that the Petitioner is in the process of selling the animal hospital building. She said the proposed buyer, Dr. Kim Ruffolo, has been operating the current animal hospital business for the last several years. She stated that Dr. Ruffolo does not propose changing the use; the only difference would be that Dr. Ruffolo would own the building as well as the practice. She stated as part of the building sale transaction, the Petitioner proposes not selling the remote parking lot spaces required for the animal hospital customers. She said the remote off-site parking was required as part of the Special Use approval granted in 1987 via Ordinance 3797. Arlene Juracek, Acting Chair Planning & Zoning Commission Meeting June 22, 2006 PZ-12-06 Page 2 She stated therefore, that in order for the Petitioner to sell the building, but not the remote parking lot, Ordinance 3797 would need to be amended to exclude the off-site parking requirement and a Variation would be required to allow the animal hospital to have four off-street parking spaces when the Zoning Ordinance requires twelve off- street parking spaces. Ms. Connolly said that Section 14.2224.1 of the Village's Zoning Ordinance requires the animal hospital to have three off-street parking spaces per examining room. She stated that Staff was provided a floor plan that documented there are four rooms; therefore the animal hospital is required to have twelve off-street parking spaces. She stated that the original zoning approval, Ordinance 3797, required the Petitioner to provide fourteen parking spaces, as required by the Village Code at that time. Ms. Connolly stated that the Zoning Ordinance has provisions for existing conditions to continue, but requires parking for new construction, significant rehabs, or a change in use. She said it is most likely that the retail and office uses, or uses similar in nature, were in place when the Village created parking regulationsspecitic to the 85 District. She stated that when the animal hospital relocated to 888 E. Northwest Highway in 1987, it had to follow the then current Village Code regulations, which required fourteen off-street parking spaces, because it was a change in use for that location. Therefore, the ViDage required the Petitioner meet the Village's parking requirements by improving the remote parking lot to ensure adequate customer parking. Ms. Connolly said that the Petitioner explains in his application that thean4nal hospital customers do not use the remote parking lot because it is easier to park on the street. She stated that the on-street spaces are located closer to the animal hospital than the remote lot, which is a consideration when transporting a sick animal. She said the Village's Traffic Engineer evaluated the area and found there are 18 on-street parking spaces on Northwest Highway south of the alley, between George and Edward Streets. Ms. Connolly showed exhibits demonstrating the amount of parking spaces near the animal hospital and reviewed a table that analyzed the Village's parking requirements for the existing business in proximity to the animal hospital. She stated that Staff conducted several site visits to this area and found that the remote parking lot tended to have no more than 6 vehicles parked in it at once per day. She said it appears that the vehicles may belong to employees, as the vehicles were parked for extended amounts of time. She stated that the on-street parking located closest to the salon, tended to be consistently parked, which is to be expected since up to eleven service stations can be in use at onetime. She said in discussions with the salon owner, Staff learned that employees and salon customers do in fact park in the remote lot and do so with permission from the Petitioner, who also owns the building where the salon is located. Ms. Connolly stated that the Village's Traffic Engineer. commented that if the original parking requirement requiring the remote parking were to be amended, and if that parking lot were to be developed in the future, the proposed new development would need to provide enough off-street parking for the new development as the current parking demand uses most ifnot all of.the off-street and on-street parking. Ms. Connolly said that while it may be practical that animal hospital customers park closest to the building, Staff is concerned that customer parking from other businesses may creep into the residential neighborhood north of the area, which would impact those properties. In addition, she stated that it is not clear what the hardship is that would warrant granting a parking Variation; it was noted that the request appears to be financially driven although it is not known if the remote parking lot would in fact be redeveloped. Ms. Connolly stated that in reviewing the request to modify the original Special Use approval, Stafffound that the' request did not meet the standards for a Conditional Use because the long-term impact could have a detrimental impact on the adjacent properties if the parking lot were redeveloped. In addition, she said customer parking could encroach into the residential area north of the BS district She also stated that the request would no longer be in compliance with other Village Codes as the Petitioner is seeking a Variation to provide only four off-street Arlene Juracek, Acting Chair Plannmg & Zoning Commission Meeting June 22. 2006 PZ-12-06 Page 3 parking spaces and not the twelve.required by the Village Code. She said the Variation appears to be based on convenience Is opposed to a hards~p. is defined by the Village Code. Ms. Connolly summarized the case, stating that based on this analysis, Staff found that the request to amend the Conditional Use to only require four off-street parking spaces failed to meet the standards for a Conditional Use and a Variation as listed in the Zoning Ordinance. Therefore, Staff recommends that the Planning and Zoning Commission !l!!Lthe following motion: "To approve amending Ordinance 3797 and granting Conditional Use approval and granting a Variation to allow an animal hospital to provide four off-street parmg spaces for the .property located at 888 E. Northwest Highway. Case Number PZ-12-06." Ms. Connolly stated that the Village Board's decision is fmal for this case, and concluded Staff's report. Chair Juracek called for questions of Staff. Keith Youngquist asked how the parking calculations differ within the BS district for the salon versus.the animal hospital. Ms. Connolly stated that the code is looking at the mOst intense use because the business could be sold, bUSiness operations could change, which would in turn dictate the need for more parking spaces. . Two of the Commissioners are clients of the animal hospital. and voiced concern over conflict of interest Chair Juracek stated that since no Commissioner would recognize financial gain from this Case, both are eligible to vote. Marlys Haaland stated that she has been a customer of the animal hospital for years and have never had a problem with parking at the clinic. Keith Youngqliist also stated that as a client of the hospital, he has never had to use the remote parking available to the hospital. Chair Juracek asked for. clarification of the proposal. Ms. Connolly stated that Staff is recommending not amending the original ordinance. which requires off-street parking in the remote lot. Chair Juracek asked for clarification on what the Petitioner is seeking. Ms. Connolly stated that the Petitioner is looking to sell the building without the requirement of having the eight additional off-street parking spaces in the remote lot. Chair Juracek asked if the purchaser would actually need to purchase the remote lot to offer the parking or if a parking agreement would be sufficient. Staff stated this is a reasonable question and there was further discussion regarding Dr. Ruffolo's parking options. Leo Floros asked who owns the remote parking Jot Ms. Connolly stated that Dr. Dreessen owns the remote lot in addition to the hospital building and several buildings on the block. Chair Juracek swore in Marie Dreessen, 719 We Go, Mount Prospect, nIinois. Using an exhibit map, Mrs. Dreessen identified the properties on the 800 block that they own. Chair Juracek asked. Staff how the purchaser, Dr.. Ruffolo, could meet the parking requirements. Ellen Divita stated that Staff would need to verify with the Village Attorney if a parking agreement. recorded against those spaces, would be acceptable. Ms. Divita stated that the important fact is to prepare for the most intense use of the building and provide adequate parking according to code. Ms. Connolly confmned that the code does provide for off-site parking agreements. Both Richard Rogers and Ronald Roberts asked what other businesses, besides the animal hospital, depend on the off-site lot to meet parking requirements. Ms. Connolly stated that none of the businesses on that block are required per Village Code to use the off-site lot for parking. Arlene Juracek, Acting Chair Planning &. Zoning Commission Meeting June 22, 2006 PZ-12-06 Page 4 Chair Juracek asked why the animal ho!tpital does not receive the 1500 square foot credit in par~g calculations like the other uses in the B5 district. Ms. Connolly stated that theVillage Code does not qualify this use of space in the B5 district for the parking calculation credit. However, the requirement per exam room is reduced from five to four, when compared to other zoning districts. Ronald Roberts stated that he feels the off-site parking lot is very important to that block to provide adequate parking. Keith Youngquist stated that parking requirements may be restrictive and sees . an inequity of parking requirements for the uses on this block. There was further discussion regarding the development of the off-site parking lot. The Commission stated that they view this .request as a potential problem in that if this parking lot was ever sold and developed, it would eliminate critical parking spaces, creating parking issues for all tenants on the block and the Commission would be opposed to such a development. Ms. Connolly stated that there is a Covenant placed on the parking lot property as an encumbrance on the land If the owner wanted to sell the parking lot property, he would have to come before the Commission to remove the restriction. Chair Juracek stated that her understanding is that the Covenant supplies adequate parking for the tenants on the block. Ms. Connolly stated that the Petitioner wishes to dissolve the Covenant; Chair Juracek asked for clarification. Ms. Connolly stated that by amending the original Special provided the use of off-street spaces in that parking lot. Chair Juracek asked which land the Special Use and Covenant is tied to. . There was general discussion that the Covenant would be tied to and recorded to both the animal hospital and parking lot properties. Richard Rogers stated that amending the Ordinance would essentially dissolve the Covenant. Chair Juracek asked if the p~g provisions for the other tenants o~ the block would be affected by the dissolution of the Covenant. Ms. Connolly stated that the other tenants would Dot be affected, per Village Code, because they are not required to use the off-site lot. The only tenant required to use this parking lot, by code per the Special Use approval, is the animal hospital. Chair Juracek asked how the on-street parking is factored into the requirements. Ms. Connolly stated that on-street parking sPaces ~ not mathematica,lly factored. into the off-street parking requirements. Chair Juracek asked if the on-street parking was taken into consideration .when creating the required parking calculation. Ms. Connolly said that the credit given to certain uses in the B5 district. is in response to on- street parking. Ms. Divita stated that the ordinance from 1987 that granted the Special Use had tl1ree requirements: 1. No outside kennels; . 2. Covenant executed to provide. fourteen parking spaces on the remote parking lot; and 3. Improvements and maintenance to the remote parking lot. She stated that the question at hand is iftbis use is still permitted without the parking requirement. Chair Juracek swore in Dr. Donald Dreessen. He stated that he has been in the building in the 800 Block of Northwest Highway for 40 years. He stated that he has not changed location of the practice, except moving from building to building. Dr. Dreessen stated that the Village changed the.parking requirements after the animal hospital had already been established. requiring .additional off-street parking. He stated that the animal hospital rarely even fills the four spaces they have at the hospital and that there are several on-street parking spaces available on .George Street He said that the other occupants of the block generally use the remote parking lot more often than the animal hospital. He stated that perhaps the Covenant for parking can be moved to one of the other buildings containing the salon and drapery shop, located at 854 and 864 E. Northwest Highway. He stated that he does not intend on developing or selling the parking lot; that he would prefer to have the Covenant tied to the salon and drapery building versus the animal hospital. Arlene Juracek, Acting Chair Planning & Zoning Commission Meeting June 22, 2006 PZ-12-06 PageS Richard Rogers aSked if Dr. Dreessen is selling the other buildings on the 800 Block. Dr. Dreessen stated that he is selling the 888 building now, and would imagine at some point he would have to sell the other buildings. Mr. Rogers stated that his concern is once the buildings are sold, that there would be multiple owners and the p~k.ing issue would again arise. Dr. Dreessen stated that his intention would be to sell the buildings with the remote parking lot as a package. There was general discussion regarding the future "develo~ent of the. 800 block andspecifica1ly, the remote parking lot. The Commission agreed that the parking lot is a necessary part of that block, providing parking for several of the buildings on that block. . Dr. Dreessen asked if the Covenant could be re-executed to be attached to the 8S4 and or the 864 E. Northwest Highway buildings. Chair Juracek stated that unfortunately that is not the request before the Commission. She said that the Commission is hearing the request for-the 888 building only, as it was published and noticed. The Commission cannot take an action on property that is not part of this request. Dr. Dreessen asked if they can change the parking agreement to affect the other properties on the block. Again, the Commission stated that they cannot take action on properties other than 888 E Northwest Highway during this hearing. Ms. Connolly stated that the parking requirements could be met through parking agreements recorded between Dr. Dreessen' and Dr. Ruffolo. Chait Juracek said that if Dr. Dreessen executed a parking agreement with Dr. Ruffolo, allocating eight spaces in the remote lot for animal hospital use, as part of the sale, the requirement would be met. Dr. Dreessen stated that the animal hospital does not use that many spaces. The Commission stated that Village Code requires Dr. Ruffolo have twelve spaces at her disposal. This requirement could be met by the four spaces located on-site at the hospital and by allocating eight spaces in the remote lot by parking agreement. There was further discussion on the purpose of off-street parking requirements and that the Code is intended to ensure proper parking not only for current occupants, but also future uses at the site. Mrs. Dreessen asked if the parking agreements, when recorded via Covenant are attached to the properties indefmitely. She asked how the parking lot could be sold in regards to the other two buildings on the block. Chair Juracek stated that it woul~ be best for the Dreessen's to consult with their attorney or business consultant, when it comes time for the other properties to sell. Keith Youngquist explained that the animal hospital use bas higher parking requirements than the other buildings on the block. The parking lot was constructed solely for the animal hospital use. He stated that the Petitioner is asking to assign the spaces on that remote lot to other tenants in his building, but the Village Code does not require additional parking for the other buildings. He said the issue here tonight is the parking requirements for the animal hospital. He said that his understanding is that one way to handle this situation is to sell the remote lot with the animal hospital building. Mrs. Dre~en said if the remote lot is sold with the animal hospital, it will not be available to provide any parking for the other buildings on the block. Mr. Youngquist agreed and said that the lot is not needed to fulfill the parking requirements for the other buildings. Mrs. Dreessen stated in her opinion it would be easiest to sell the parking lot with the animal hospital to Dr. Ruffolo and have the salon and drapery tenants park on-street. Mr. Youngquist stated that Dr. Ruffolo could lease out spaces to the other tenants, but those other uses do not need the additional parking. Mr. Rogers stated another alternative would be to convert the animal hospital building to a business use that has a lesser parking requirement and sell it independent of the remote parking lot; however, there would no longer be an animal hospital. Arlene Juracek, Acting Chair Planning & Zoning Commission Meeting June 22,2006 PZ-12-06 Page 6 Chair Juracek stated that her understanding is that Dr. Ruffolo would not need to own the remote parking lot, just have a recorded agreement for eight parking spaces. There. was further general discussion regarding ownership and leasing of the remote parking lot, including property taxes and lease payments. Mr. Rogers summarized by stating that per Village Code, Dr. Ruffolo needs eight additional off-street parking spaces to operate the animal hospital. Chair Juracek reiterated the Commission's position by stating that the issue tonight is to adequately provide parking, as required by Village Code, for both the current animal hospital use and any other uses in the future. She stated that this has to be a sustainable, viable solution for now and into the future. Chair Juracek called for additional comments. She swore in Doreen Cunningham, 405 S. George, Mount Prospect, Dlinois. . Ms. Cunningham stated that she is a resident and an employee of the animal hospital. She said that the animal hospital does not need as much parking as the Code is requiring. She stated that perhaps the Village needs to review the Ordinances and re-evaluate the parking requirements for downtown businesses. Chair Juracek stated that the parking issue downtown is a hot-topic, however tonight the Commission is reviewing the case of the animal hospital only. There was further general discussion regarding the purpose of the parking Ordinance in the Village. Dr. Dreessen asked if it would. be possible to change the Covenant to another building on the block to address the parking concern. Mr. Rogers stated that changing the Covenant would not change the parking requirement for the animal hospital use. Chair Juracek. asked Staff if the Conditional Use could be granted with the condition of only one doctor practicing at the location. Ms. Connolly said granting the Conditional Use with that condition is possible, however; Staff has concerns about monitoring the sale/use of the building. Ms. Connolly stated that there could be a new operator at the location, with multiple doctors seeing clients concurrently ~ There was further general discussion regarding the original Conditional Use, the potential of leasing the remote parking lot spaces and changing the Village Code parking requirements. Chair Juracek stated that this evening, the Commission can only review the case before them. Mr. Roberts stated that he would not be comfortable releasing the parking requirements for the animal hospital without additional parking studies by Staff. Chair Juracek stated that the Commission cannot make decisions affectirig other properties .OD the block, because none of the other properties have been properly noticed and are not mentioned in the application. She stated that at this time, the Commission can only hear the case before them. Chair Juracek called for additional comments, hearing none the public hearing was closed at 9:23 p.m. Richard Rogers made a motion to approve amending Ordinance 3797 and granting Conditional Use approval and granting a Variation to allow an animal hospital to provide four off-street parking spaces for the property located at 888 E. Northwest Highway, Case Number PZ-12-06. Leo Floros seconded the motion. . UPON ROLL CALL: AYES: None NAYS: Floros, Johnson, Roberts, Rogers, Youngquist, and Juracek Motion was denied 6-0, with Marlys Haaland abstaining. This case is Village Board final. Arlene Juracek, Acting Chair Planning & Zoning Commission Meeting June 22, 2006 PZ-12-06 Page 7 After hearing one additional case, Richard Rogers made a motion to adjourn at 9:32 p.m., seconded by Keith Youngquist. The motion was approved by a voice vote and the meeting was adjourned.. fil H:\PLANlPllMiDll. ZOoInI COMMIPAZ ~Z.I2-Gl5111 WNWHwy.;_. cu.... Village of Mount Prospect Community Development Department CASE SUMMARY - pz- 12-06 'Pl- '2- - 0 (p LOCATION: 888 E. Northwest Highway PETITIONER: Donald A. Dreessen Trust OWNER: Donald A. Dreessen PARCEL #s: 08-12-403-011-0000 LOT SIZE: .12 acres (5,372 square feet) ZONING: B5 Central Commercial LAND USE: Animal Hospital REQUEST: 1) Amend Ord. 3797 which granted Special Use approval to operate an animal hospital in the B5 District, and 2) Parking Variation LOCATION MAP ~I ;rn m o ~ :II ~ __EUNCOLH.ST r _____ t--- I / I / .,~ ~, '" , -..E"4-o '" .~~ ~~< ~81',." ---- -----_.--~~ ---~~ ~<~~~" -',-- ...~ ,,~~, ',,--- ->f~ ~~~~~~ "'" \A}'o".oE"c,,~,_ ~~~~ '-"'./ ..,~ '" "'x <....... "- Jt!i'py.ghl (C) VUIaQ4P of Mt PfD$pec:t; IL ,~, ~~"":'.~.:,............ .......... ... . '- ,...... '"" -, I~ ~ L .850 no 110 1;(; 41.01 4Q3 .05 MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING AND ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON JUDY CONNOLLY, AICP, SENIOR PLANNER FROM: DATE: JUNE 15, 2006 HEARING DATE: SUBJECT: JUNE 22, 2006 PZ-12-06 - CONDITIONAL USE (AMEND ORD 3797) AND VARIATION 888 E. NORTHWEST HIGHWAY (MOUNT PLAINES ANIMAL HOSPITAL) BACKGROUND A public hearing has been scheduled for the June 22, 2006 Planning & Zoning Commission meeting to review the application by Donald A. Dreessen (the "Petitioner") regarding the property located at 888 E. Northwest Highway (the "Subject Property"). The Petitioner has requested an amendment to the Special Use permit granted in 1987 that allowed him to open and operate an animal hospital at this location. The Petitioner is also seeking relief from the Village's off-street parking requirements. The P&Z hearing was properly noticed in the June 7, 2006 edition of the Journal Topics Newspaper. In addition, Staffhas completed the required written notice to property owners within 2S0-feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the northwest comer of Northwest Highway and George Street. The site currently contains an animal hospital and has four parking spaces behind the building. There is a remote parking lot specific to animal hospital customers located less than 100-feet from the Subject Property. The Subject Property is zoned BS Central Commercial and is bordered by the BS District to the east and west, and by the RA Single Family District to the north; UPRR rail road tracks are located south of the site. SUMMARY OF PROPOSAL The Petitioner is in the process of selling the animal hospital building. The proposed buyer, Dr. Kim Ruffolo, has been operating the current animal hospital business for the last several years. She does not propose changing the use; the only difference would be that Dr. Ruffolo would also own the building as well as the practice. As part of the building sale transaction, the Petitioner proposes not selling the remote parking lot required for the animal hospital customers. The remote off-site parking was required as part of the Special Use approval granted in1987 (Ordinance 3797). Therefore, in order for the Petitioner to sell the building, but not the remote parking lot, Ordinance 3797 would need to be amended to exclude the off-site parking requirement and a Variation would be reqUlreoto allow tEe anTmalnospit-anonave lOur Off-street parking spaces wRen th---eLomng Orainance requires------ 12 off-street parking spaces. Parking Requirements Sec. 14.2224.1 of the Village's Zoning Ordinance requires the animal hospital to have 3 off-street parking spaces per examining room. Staff was provided a floor plan that documented there are four rooms. Therefore, the PZ-12-06 Planning & Zoning Commission meeting June 22, 2006 Page 3 animal hospital is required to have 12 off-street parking spaces. The original zoning approval, Ord. 3797, required the Petitioner to provide 14 parking spaces, as required by the Village Code at that time. The Zoning Ordinance has provisions for existing conditions to continue, but requires parking for new construction, significant rehabs, or a change in use (Sec. 14.2224.1). It is most likely that the retail and office uses, or uses similar in nature, were in place when the Village created parking regulations specific to the B5 District. When the animal hospital relocated to 888 E. Northwest Highway in 1987, it had to follow the then current Village Code regulations, which required 14 off-street parking spaces, because it was a change in use for that location. Therefore, the Village required the Petitioner meet the Village's parking requirements by improving the remote parking lot to ensure adequate customer parking. However, the Petitioner explains in the attached application that the animal hospital customers do not use the remote parking lot because it is easier to park on the street. The on-street spaces are located closer to the animal hospital than the remote lot, which is a consideration when transporting a sick animal. The Village's Traffic Engineer evaluated the area and found there are 18 on-street parking spaces on Northwest HWY south of the alley, between George and Edward Streets. The following table breaks down the number and location of on-street parking spaces: 9 4 5 Total 18 The table below summarizes the current parking requirement for each existing business and the number of off- street spaces provided. Existing Business Required # off- # Off-street spaces Business SQ. Ft. Parkine: Ree:ulation street soaces orovided 4/1 ,000 sq. ft. 854 E. NW HWY Retail 2,200 sq. ft. 1,500 SQ. ft. credit 3 2 4/1,000 sq. ft. 864 E. NW HWY Salon 1,000 SQ. ft. 50% B5 Dist. credit 2 2 4/1 ,000 sq. ft. 874 E. NW HWY Office 500 SQ. ft. 1,500 SQ. ft. credit 0 0 4/1,000 sq. ft. 878 E. NW HWY Office 1,000 sq. ft. 1,500 SQ. ft. credit 0 2 Animal 4 888 E. NW HWY hospital 4 rooms 3/room 12 (not including remote parking lot) PZ-12-06 Planning & Zoning Commission meeting June 22, 2006 Page 4 Staff conducted several site visits to this area and found that the remote parking lot tended to have no more than 6 vehicles parked in it at once per day. It appears that the vehicles may belong to employees as the vehicles were parked for extended amounts of time. The on-street parking located closest to the salon tended to be consistently parked, which is to be expected since up to 11 service stations can be in use at one time. In discussions with the salon owner, Staff learned that employees and salons customers do in fact park in the remote lot and do so with permission from the Petitioner, who also owns the building where the salon is located. REVIEW BY OTHER DEPARTMENTS The Village's Traffic Engineer commented that if the original parking requirement requiring the remote parking were to be amended, and if that parking lot were to be developed in the future, the proposed new development would need to provide enough off-street parking for the new development as the current parking demand uses most if not all of the off-street and on-street parking. While it may be practical that animal hospital customers park closest to the building, Staff is concerned that customer parking from other businesses may creep into the residential neighborhood north of the area, which would impact those properties. Also, it is not clear what the hardship is that would warrant granting a parking Variation; it was noted that the request appears to be financially driven although it is not known if the remote parking lot would in fact be redeveloped. REOillRED FINDINGS Conditional Use Standards The standards for conditional uses are listed in Section l4.203.F.7 of the Village Zoning Ordinance. The section contains seven specific findings that must be made in order to approve a conditional use. These standards relate to: . The conditional use will not have a detrimental effect on the public health, safety, morals, comfort or general welfare; . The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . Adequate provision of utilities and drainage and design of access and egress to minimize congestion on Village streets; and . Compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Variation Standards The standards for a Variation are listed in Section l4.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not ~enerally.Jlp.plic.abJuD-Qth.eLpr.operti.eLin_ the_sam~ning.....dis.tricLal1.(.Lnot--CreJlted.-by_anY-PeIS.QtL___._ presently having an interest in the property; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. In reviewing the request to modify the original Special Use approval, Staff found that the request did not meet the standards for a Conditional Use because the long-term impact could have a detrimental impact on the adjacent PZ-12-06 Planning & Zoning Commission meeting June 22,2006 Page 5 properties if the parking lot were redeveloped. Also, customer parking could encroach into the residential area north of the B5 district. In addition, the request would no longer be in compliance with other Village Codes as the Petitioner is seeking a Variation to provide only 4 off-street parking spaces and not the 12 required by the Village Code. The Variation appears to be based on convenience as opposed to a hardship, as defined by the Village Code. RECOMMENDATION Based on the above analysis, Staff found that the request to amend the Conditional Use to only require 4 off-street parking spaces failed to meet the standards for a Conditional Use and a Variation as listed in the Zoning Ordinance. Therefore, Staff recommends that the Planning and Zoning Commission deny the following motion: "To approve amending Ordinance 3797 and granting Conditional Use approval and granting a Variation to allow an animal hospital to provide four off-street parking spaces for the property located at 888 E. Northwest Highway, case no. PZ-12-06." The Village Board's decision is final for this case. I concur: ~l William J. ooney, AICP, irector of Community Development Ijmc H:\PLAN\Planning" Zoning COMM\P&Z 2006lStaIT MemolPZ.12-06 MEMO (l8Il E NW IIWY Mt Plain.. Animal Hospilll,doc: VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Mount Prospect z: Case Number 0 P&Z - - """ Eo-< Development Name! Address <- ~-a 00 ~ 8 Date of Submission z:s -0 :<- ~ Hearing Date z: - z o E= < :E ---------=: 0' r.= Z B c:a zs:l. ;J< OJ CIl: C) ~ U -< = z: o ~ ~ ~ z: - \iIil Eo-< - rI.l C z: - Eo-< rI.l """ ~ \iIil Setbacks: Front Address(es) (Street Number.. Street) ~-ggE 1: Site Area (Acres) P~op rty Zoning ",- ~, Rear Side Side Building Height : I Shr Adjacent Lan ses: North South Fl: J le- . t; lele iJA { k b eo Tax I.D. Number or County Assigned Pin Number(s) o ~ - /~ 0/03 - oll- DOCJO Lot Coverage (%) @:~ Number of Parking Spaces S. 97 rI o/IA. /14 Legal Description (attach additional sheets if necessary) Name -:PO/VI/ Id II. Corporation Telephone (day) /I!, 0 Telephone (evening) S fllJlltJ e Fax 2s '/7- 7 'If - 0997 Email Street Address 7/9 S' /AJ eGo City /JJ1-A f'm S' ?rt:!-r Interest in Property rr. State ""'I- Z:d~? !i ~ ~I ~ ~ ~ i zO - >. Q"t: Z CJ ;:;)~ o e cc:t:l.. Cl ~ ~ = z 9, ~ : ~.~ 0.2 ~ e ..g" Q- ~ ~ 08- ~Q) C,)> ~ I) uO <I = Name , 'Do Ai lJ {rI. {]; 7) l'2e~f{fe..,J Corporation Street Address f '7/9 Si ltkbD --r; . City State lilif Pr()~pfk,f- ];/1 Developer Name Zip Code (p 4'e) 56 Address . Attorney Name PAViA. B it VI( 1;:,)" Address ;).3 i W,M,I//v .s'ircPt? r Ba rY;dff-b7u ~// hCO/tJ Telephone (day) 817 -59;;J. - //~6 Telephone (evening) 3L h1P Fax: . 2'17 - 7~9~ -6991 Email i~ fees >c? /lJe,tJlerl'rf $<tjj)fJ,j-J,1all IL1.., /111 Telephone (day) Fax Email Telephone (day) y 0/7 - :3')tJ - 1 /'~O Fax ~ ~ 7 - :3 S1'~ - ~ I 3 5" Email Surveyor J -r 1'\ . Name A- Ai '-j-O AJ .J I ,4 1./ A /V\ G Telephone (day) g 41 ;l ~-~j- - 3 :!7 } Z. Address .3 c9 / IV I tv / / ~ Fax 4J!1- PrfJ5 fre-7.,:J:-f-, ~~b Email Engineer Name Telephone (day) Address Fax ~~:tect J 0 J, Ai k 1J A Pf Address ~ 00 i Ft S ~ Hft'feA'\r?Y1 f?J .JV1.!ldts"NjLJ/6. ?~7/~ . Landscape Architect _ '-___ _Naxne- Address ""']Mount Prospect Department of Community Development .~. South Emerson Street, Mount Prospect Illinois '~.mountprospect.org 2 Email Telephone (day): Fax Email :relephone-(day)~- Fax Email Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ~Z ...0 (fJi: =<( 11il~ != ~i A:Z =-.... Prop(}~'ed Conditional Use (as listed in tile zoning district) Q ~ ~t O~ ;><<i:l ~= ~.~ l"IJe Eo- U <( Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) 5~", AcI&AUlhH Q2:l ~f/th~-l'Z f1A1b ~--,J ~ ~ (1 tJz~: ~ell-/ f . Hours of Operation . M-Th(9-7) /u~-:J hl, <l-&' w.~ 'l" - /i2... ~ cJ g - ~ , Sq. Ft. Devoted to Proposed Use Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appoinbnent with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on tlte property during reasonable hours for visual inspection of the subject property. I hereby aff1rID that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. j). Applicant ifl {t7td.~11/ . ~ Date (J l.4..tJ - tl ~ If applicant is not proper!l:..~'Yner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development -50 South Emerson Street, Mount Prospect lllinois www.mountprospect.org 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 I would like to give you a short history of my business in Mt. Prospect. In the fall of 1959, I was searching the northwest suburbs for starting my new business, that of a small animal hospital. I thought that Mt. Prospect would be an ideal location. I spoke with the Village, and they welcomed me with open arms. I then rented a building at 874 East Northwest Highway, January 1, 1960. This was a very simple process, no requirements. In the year 1964 I purchased 864 East Northwest Highway, which was the building adjacent to the old location. Again, just a very simple move, no hassle from the Village. In the year 1988, 888 East Northwest Highway became available when The Backman Storm Door and Window business went bankrupt. I purchased the 888 building and 3 lots that were adjacent to my other 2 buildings as a package deal. Never anticipating that the Village of Mt. Prospect would make me jump through hoops to remodel the building and move my practice 2 doors east of my then existing practice. After much pleading, the village said I needed off street parking this did not seem necessary, as the 888 building has 4 parking spaces behind the building, lOon George Street and 2 on Northwest Highway, a total of 16 spaces. Nonetheless, I agreed to a covenant at the time, as I needed to continue my Veterinary practice for the people of Mt. Prospect and the surrounding communities. With the help and guidance of John Knapp Architect and Associates, I was able to build a structure that was state of the art for Veterinary Hospital Practices. The hospital was awarded the coveted American Animal Hospitals Association's (A.A.H.A.) 4 year certification twice, an award that I was quite proud of. This award also, depended on the quality of medicine practiced, continued education, records, quality of x-rays, cleanliness of the facility, etc. The A.A.H.A. also was impressed by the innovative features of the Hospital. In the years that I practiced at my new Hospital, neither the staff nor the clients utilized the parking lot that the Village required for the practice. People did not think it convenient to walk or carry their beloved pets, the distance from the parking lot to the Hospital, when convenient parking was available adjacent to the hospital. In August, 1999, after practicing Veterinary Medicine for 40 years, with a heavy heart I decided to sell my beloved practice to Dr. Kim Ruffolo, a young lady with the desire to carry on my tradition. . At this time, Dr. Kim Ruffolo would like to purchase the building. I did not know that the parking would continue to be an issue, as the zoning of the Village has changed a number of times. It would be a burden to Dr. Kim Ruffolo to purchase a parking lot that neither her staff nor clients ever used or to pay fair market value for any unneeded parking spots. She will give you a written letter to attest to that fact. It is also a burden to me to place such a covenant on my other properties. The buildings adjacent to the parking actually use and need, that parking. In the future, I would like to sell my buildings ----------ar-864;-85-4-EasrNorthwe-sr-Highwayano.-the park:ing-lor(844-;-83lJ.---an:d~2lJ.-EasrNortl1wesr------' Highway) that is adjacent to these buildings as a package free of any encumbrances. Thank you, ~ ~' /1' ,/ /).; i. j ',,," /' ", I r '"t/t1.. ~/tJI ~ Dr. Donald A. Dreessen __8 = ~7 "". ~-.. - ~.;c::::..~... -es:....;:~ cc.:..,.~~->.. ~.c. ~ ~ '.-,...: ""'1-0 Of>.>. ~ ~ <C'..s- .>. to ~{J to fJ -~:-~ ....;:~~ "......._""';~.... -, ~-""'c... . 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The burden lor determining accuracy. completeness. timeliness. merchantability and fitness ror or thll appropriateness for use rests solely on the requester. Printed: 04/1812006 09:51 :01 AM httn://l!is/nvweb2lnrint.do ?title=On-street+ Parkinl!&oaner=letter&orientation=nortrait& fix... 4/t 8/2006 '" - ------1-- "\ ~ '" , ~~; I --)J.~ , '\ !. ~ ~ I ~ " ~It~ a\\~ ... ),."" X ~" I.~~ ~~~ ~~~ ~ ~ ,,~ ~~~ kf. ~ ~ ~J ~ I .1 ~~ ~' IiS5I ~ ~ ~ ~""\~ r/) = ~'~~ ~ ~ ;:> ~ ~~ ~ ~ ,,~ ~ Q ~ (///) ~~~~ <~ ~"'i !.J -) ~ La ~ ~.~~~ z '" 0 ~~ ~ ~ C ~ ~~ ~~ ~~~. IIp <~~ ~~~~ c. ~~~" ~ (~ ~~~'l ~~~, ~~ ~ ~ ~ ~ ~~~'i ~ ~ ~ " ~l~~ ... ~~ l> I:l " " "l.~ Ii '~ " lI"a~ " ~ ~~~~ ,~ ,~ ~ '"\~ .. t... ~ a ~~~~ '. ~ ~. .. ~ 1\ .; ~ I 'I: " \ " \OJ ~ ~ ~ II "I ~ 'I ~t ~ ..\ :10" c~ D Of ~;; l! I ----- ....,. '0, '. , ....,. , , " "' ~ I- ~ ~ I /{ ,l~~ l....l ,'II 0" I' ,II J " f'r I, i , "' ~ ..... ~o "' lJ ..... "' ,~ ..... ) I .. , " (. , " , ~ "' "' , "' .. "' "' ~ "' " ./' " -----.... N.L ..~~/ t , ......... .!)~~......... ... ~o. 00,,3l_.., ~.... .... "'7'...a.~ --+...-..1...- ~":o_ . -... ..,0..;____ .....t- . Cfor..,.. .....,. ...... ~. r " ~., l~f ,~6' 0'0' '1\' ~ J-'~ " '\ t\ " ... ~ KELLEHER & BUCKLEY, LLC ArrORNEYS AT LAW 231 WEST MAIN STREET BARRINGTON, ILLINOIS 600 I 0 TELEPHONE (847) 382-9130 FACSIMILE (847) 382-9135 DAVIOP. BUCKLEY,JR.,J.D., C.P.A. ANDREW J. KELLEHER. JR., J.D., C.P.A.. LL.M. MICHAEL P. MCELROY, J.D. MARTIIA E. Mcl-IuGIi, J.D. A LIMITED LIABILITY COMPANY INCLUOlNG PROFESSIONAL CORPORATIONS August 30, 2006 VIA FAX: 847-818-5329 AND VIA E-MAIL: iconnelly@mtprospect.org Judith M. Connelly, AICP Senior Planner Village ofMt. Prospect Community Development Dept. 50 S. Emerson Street Mt. Prospect, IL 60056 Re: PZ-12~06/888 East Northwest Highwav. Mount Prospect. Illinois 60056 Dear Ms. Connelly: Please be advised that Kelleher & Buckley, LLC has been retained by Dr. Dreessen with respect to the above-referenced matter. We ask that you include this letter in the packet distributed to the Village Trustees so that we may discuss these issues at the upcoming Village Board meeting on September 51h at 7:00 p.m. I. Background. Mt. Plaines Animal Hospital has been located in the 800 block of East Northwest Highway for more than 45 years. In 1964, Dr. Dreessen moved the practice from 874 E. Northwest Highway to 864 E. Northwest Highway without any parking requirements being imposed by the Village. In 1987, Dr. Dreessen moved the Animal Hospital to 888 E. Northeast Highway, where it is currently located. The renovated building contained four exam rooms. and Dr. Dreessen was required as part ofthe Village granting a Special Use to operate an animal hospital, to provide off site parking based upon the then current Village Code. During his operation ofMt. Plaines Animal Hospital, Dr. Dreessen only used two of the four exam rooms. This is the common practice for an animal hospital with one doctor. Dr. Kim Ruffolo purchased Mt. Plaines Animal Hospital in 1999. Since that time, Dr. Ruffolo has seen patients by appointment only, and also only uses two exam rooms. According to the current Village Code, the Judith M. Connelly, AICP August 30, 2006 Page 2 required number of parking spaces to be provided is three parking spaces per exam room. Based upon the current use of the facility, only six off site parking spaces are required under the Village Code. There are currently four off the street parking spaces behind the Mt. Plaines facility. Dr. Ruffolo intends to make certain repairs and address maintenance items related to the facility, and to continue to use two rooms originally designed as exam rooms for other purposes. Dr. Dreessen respectively requests that Ordinance 3797 Dated July 7, 1987 be amended to provide that as Mt. Plaines Animal Hospital only has two examination rooms, and the property has four off street parking spaces, only two additional off street parking spaces are required. Dr. Dreessen is not requesting a variance from the Village Code, but merely that the Ordinance be amended to represent the actual use of the building. As further support for this request, we note that the Village staff report dated June 15,2006, indicates that there are nine parking spaces along Northwest Highway in the 800 block of East Northwest Highway, and an additional nine spots 011 George Street. In addition, the three buildings West of the Mt. Plaines Animal Hospital have a total of six off street parking spots behind those buildings. All of these are in addition to the 20 spots located in the remote parking lot. Since Dr. Ruffolo purchased the Mt. Plaines Animal Hospital in August of 1999, neither she nor her patients have used the remote parking lot, given the other available off street and on street parking. Dr. Ruffolo does not desire to be required to rent parking spaces in the remote parking lot that are not needed nor convenient. Likewise, Dr. Dreessen does not wish to encumber the remote parking lot with a parking as these spaces are needed and used by the other businesses in the 800 block of East Northwest Highway. For example, the adjacent hair salon, under the Village Code, is only required to provide two off site parking spaces, but in actuality has eight chairs which means that when they're full up to 16 parking spots are needed for employees and patrons. Dr. Dreessen does. not intend to reduce the total number of parking spaces in the lot but merely to have those parking spaces available for the use of his other properties. We therefore respectfully request that the Village amend the prior Ordinance as indicated above. ~.@ DPB/rb cc: Mr. Bill Cooney, Dir. of Community Development (via e-mail: bcooney@mtprospect.org Gw 07/26/06 mla 07/25/06 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 3797 GRANTING A CONDITIONAL USE AND VARIATION FOR PROPERTY LOCATED AT 888 EAST NORTHWEST HIGHWAY WHEREAS, on the th of July 1987, the President and Board of Trustees approved Ordinance No. 3797, which granted Donald Dreessen, ("Petitioner") a Special Use to operate an animal hospital in the B-3 Business District on the property located at 888 East Northwest Highway ("Subject Property") in accordance with Section 14.2001. C. 7 of the Village Code and subject to the following conditions: 1. No outside kennels will be permitted. 2. A covenant will be executed which will ensure the remote parking lot will remain for the required off-street parking for the subject property. 3. The petitioner shall design and improve the remote parking lot in conformance with staff recommendations and code requirements regarding design, construction, drainage and landscaping; and WHEREAS, the Subject Property is legally described as follows: Lot 11 in Maplewood Heights, being a Subdivision of the East 15.00 chains of that part lying North of railroad of Southeast quarter of Section 12, (Except the Southerly Six-six (66) feet of road), also of block twenty-six (26) in Busse's Eastern Addition to Mount Prospect in the East Half of Section 12, Township 41 North, Ranger 11, East of the Third Principal Meridian, in Cook County, Illinois Property Index Number: 08-12-403-011-0000 and WHEREAS, on the 7th of March, 1995 the Subject Property was rezoned from the B-3 Business District to the B-5 Central Commercial District; and WHEREAS, on the 7th of March 1995, Section 14.1904,Conditional Uses, of Chapter 14, Article XIX, B-5 Central Commercial District, was amended to include animal hospital as a conditional use, the phrase "special use" being replaced by the phrase "conditional use"; and WHEREAS, on June 22, 2006, the Petitioner requested the following zoning relief: 1) amendment of Ordinance 3797 to grant a Conditional Use to exclude the off-street parking requirement; and 2) Variation to permit the conditional use for an animal hospital to provide only four (4) off-street parking spaces; and 1 ~ 888 East Northwest Highway Page 2/2 WHEREAS, a Public Hearing was held on Petitioner's request, being the subject of PZ-12-06 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22nd day of June, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 7th day of June 2006; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation for denial to the President and Board of Trustees for the request being the subject of PZ-12-06; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to Petitioner's requests and have determined that the same meet the standards for a Conditional Use and a Variation as required by the Village of Mount Prospect Village Code, and that it is in the best interests of the Village to amend Ordinance No. 3797 and grant the proposed Conditional Use and Variation. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT OF THE BOARD OF TRUSTEES IN THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect hereby grant the following relief: 1) Ordinance 3797 is hereby amended as follows: a) Section Two is deleted in its entirety and restated as follows: Section Two: The President and Board of Trustees of the Village of Mount Prospect hereby grant to the Subject Property a conditional use to allow thereon an animal hospital on the Subject Property subject to the following conditions: 1. No outside kennels will be permitted. b) Reference to "special use" in Section Three is hereby deleted and replaced with "conditional use" to state as follows: Section Three: With the exception of the conditional use granted herein, the Subject Property shall comply with all other applicable Village of Mount Prospect ordinances and regulations pertaining thereto, except as otherwise approved by the President and Board of Trustees. 2 SECTION THREE: A Variation from Section 14.2224.1 of the Village Code is hereby granted pursuant to Section 14.203.C.7 of the Village Code, to reduce the required number of off-street parking spaces to four (4) off-street parking spaces. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2006. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Amend ord 3797july 2006 (3).doc 3 MOl.mt Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: VEHICLE I EQUIPMENT SUPERINTENDENT DATE: AUGUST 25,2006 SUBJECT: 2006 NORTHWEST MUNICIPAL CONFERENCE VEHICLE AUCTION As you are aware, each year the Northwest Municipal Conference hosts two vehicle auctions in the fall. This year the Village of Mount Prospect will be hosting the second auction on September 23, 2006, at the Public Works Facility. Hosting this auction proves to be a great benefit to the Village and we have hosted the auction for several years. There is a 5% administration fee charged to the member communities, but the host community is only charged a 2.5% administration fee. The Village will have nine (9) cars and three (3) trucks that have been replaced and are available for the above-mentioned auction. Attached is an ordinance declaring the twelve retired vehicles surplus. With your concurrence, I would like to present this ordinance to the Mayor and Board of Trustees for their consideration at the September 5,2006 Village Board Meeting. [~ JG c: Deputy Director Sean Dorsey attachment H:\Administration\ORGANIZE\NWMC\Auction06\NWMC 2006 Auction Memo.DOC ~ mla 8/24/06 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT WHEREAS, in the opinion of at least three-fourths of the corporate authorities of the Village of Mount Prospect, Cook County, Illinois, it has been determined that it is no longer necessary, useful, or in the best interest of the Village of Mount Prospect to retain the personal property specified herein; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the best interests of the Village would be served by the sale of the personal property at a public auction conducted by the Northwest Municipal Conference, which auction will be held on Saturday, September 23,2006 at 10:00 A.M. at the Mount Prospect Public Works Facility, 1700 W. Central Road, Mount Prospect, Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWER: SECTION ONE: In accordance with the provisions of Section 65 5/11-76-4 of the Illinois Compiled Statutes, the corporate authorities of the Village of Mount Prospect find that the items of personal property listed on the attached, which are owned by the Village of Mount Prospect, are no longer useful or necessary to the Village and that the best interests of the Village will be served by selling said personal property at a public auction being the subject of this Ordinance, to the highest bidder. SECTION TWO: The Northwest Municipal Conference shall conduct a public auction on Saturday, September 23, 2006 at 10:00 A.M. at the Mount Prospect Public Works Facility, 1700 W. Central Road, Mount Prospect, Illinois. Anyone interested may view the personal property at this location and date between the hours of 8:00 A.M. and 10:00 A.M. SECTION THREE: The Northwest Municipal Conference will cause a public notice informing the general public of this public auction to be published in a newspaper of general circulation. SECTION FOUR: No bid shall be accepted for the sale of any item which is less than the minimum value set forth on the attached list, unless the Village Manager or the designee of the Village Manager so authorizes at the time of the auction. Vehicle auction Page 2/3 SECTION FIVE: Within ten (10) days after the successful bid is accepted, the successful bidder shall tender to the Village of Mount Prospect the consideration specified in the bid accepted and upon receipt of such consideration, the Village Manager is hereby authorized to transfer title of said personal property to the successful bidder. SECTION SIX: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 5th day of September, 2006. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKOlfilesIWINIORDINANCIPW AUCTION sepI2006.doc Auction Page 3 of 3 ITEMS TO BE PLACED FOR AUCTION SEPTEMBER 23, 2006 MOUNT PROSPECT PUBLIC WORKS FACILITY 1700 WEST CENTRAL ROAD MOUNT PROSPECT, ILLINOIS Village V.I.N. Year/Make/Model Type Minimum I.D. Price 2713A 1 G 1 BL537XPW125867 1993 Chevrolet Caprice Car $ 500.00 1-28A 1G1BL52P3TR126238 1996 Chevrolet Caprice Car $ 500.00 309A 2FAFP71W4YX165814 2000 Ford Crown Victoria Car $ 500.00 319A 2FAFP71WX1X161577 2001 Ford Crown Victoria Car $ 500.00 P-11A 2FAFP71W23X196701 2003 Ford Crown Victoria Car $ 500.00 P-19A 2FAFP71WX3X196705 2003 Ford Crown Victoria Car $ 500.00 P-15A 2FAFP71W14X135955 2004 Ford Crown Victoria Car $ 2000.00 P-33A 2FAFP71W34X135956 2004 Ford Crown Victoria Car $ 2000.00 P-34A 2FAFP71W54X135957 2004 Ford Crown Victoria Car $ 2000.00 4557A 1HTLDTVR6KH633054 1988 International Truck $ 500.00 2751A 2FTHF25H8TCA12678 1996 Ford F250 Truck $ 500.00 547 2HTDA 1951 DCA 15164 1983 International Truck $ 100.00 H:\Administration\ORGANIZE\NWMC\Auction06\2006 Auction Vehicles. doc