HomeMy WebLinkAbout6. NEW BUSINESS 05/15/2007
Village of Mount Prospect
Community Development Department
Mount Prospect
MEMORANDUM
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
MAY 11,2007
SUBJECT:
PZ-11-07 - CONDITIONAL USE & VARIATIONS (CIRCULAR DRIVE
2907 S. BRIARWOOD DRIVE WEST
WILLIAM HOGAN - APPLICANT
The Planning & Zoning Commission transmits their recommendation to deny Case PZ-ll-07, a request to
construct a circular driveway in the front yard, as described in detail in the attached staff report. The Planning &
Zoning Commission heard the request at their April 26, 2007 meeting.
The Petitioner recently constructed a new home on the Subject Property and is seeking Conditional Use approval
for a circular driveway. A Variation for lot coverage is also necessary in order to approve the proposed circular
driveway because the as the overall site and front yard would exceed the lot coverage limitations. The Subject
Property is an interior lot located on the west side of the Lake Briarwood development. The Lake Briarwood
development does not have sidewalks, and the street pavement width measures 23' which is less than the current
code requirement of 28 feet.
The Petitioner's architect explained to the Commission that the circular driveway is necessary because the house
is located along a curved portion of Briarwood Drive and there is a blind spot when backing out of the driveway.
The circular drive would allow for safer access onto the street and would allow guests to park on the drive instead
of the street. He also noted that several properties in the neighborhood currently have circular driveways and he
provided pictures of the circular drives.
The Planning & Zoning Commission discussed the request and noted that it was unfortunate the Petitioner did not
incorporate the circular drive as part of the design for the new house. The house could have been modified so lot
coverage would not have been an issue. The Commission discussed the request and concluded that exceeding the
Village Code lot coverage limitation created an adverse situation that outweighed the benefit of the circular drive.
The Planning & Zoning Commission voted 6-1 to recommend that the Village Board denv the Conditional Use
permit for a circular driveway for the residence at 2907 S. Briarwood Drive West, Case No. PZ-11-07. Please
forward this memorandum and attachments to the Village Board for their review and consideration at their May
15,2007 meeting. Staff will be present to answer any questions related to this matter.
~~-~
William J. ooney, Jr., ~ CP
H:\PLAN\PlaIming & Zoning COMM\P&Z 2007\MEJ Memos\PZ-l1-07 MEJ MEMO (2907 S Briarwood Dr West - CU).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-ll-07
Hearing Date: April 26, 2007
PROPERTY ADDRESS:
2907 Briarwood Drive West
PETITIONER:
William T. Hogan
PUBLICATION DATE:
April 11, 2007
PIN NUMBERS:
08-22-200-084-0000
REQUEST:
Conditional Use - Circular Driveway
MEMBERS PRESENT:
Arlene Juracek, Chairperson
Joseph Donnelly
Leo Floros
Marlys Haaland
Mary McCabe
Ronald Roberts
Richard Rogers
STAFF MEMBER PRESENT:
Judith Connolly, Senior Planner
Ellen Divita, Deputy Director of Community Development
INTERESTED PARTIES:
Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the
minutes of the March 22, 2007 and April 12, 2007 meetings and Joseph Donnelly seconded the motion. The
minutes were approved 6-0 with Mary McCabe abstaining. After hearing two previous cases, Chairperson
Juracek introduced Case PZ-ll-07, a request for a Conditional Use at 2907 Briarwood Drive West, at 9:59 p.m.
Judy Connolly, Senior Planner, stated that the Subject Property is an interior lot located on the west side of the
Lake Briarwood development. The Subject Property is zoned Rl Single Family Residence and is bordered by the
Rl District to the north, east, and south, and by a multi-family development in Arlington Heights to the west. The
Lake Briarwood development does not have sidewalks, and the street pavement width measures 23' which is less
than the current code requirement of 28 feet.
Ms. Connolly said the Petitioner recently constructed a new home on the Subject Property and is seeking
Conditional Use approval for a circular driveway. During the staff review, it was determined that a Variation for
lot coverage would also be necessary in order to approve the proposed circular driveway because the as the
overall site and front yard would exceed the lot coverage limitations. She stated that the proposed circular
driveway measures 12-feet wide and would connect to a 'standard' 20-foot wide driveway. The Petitioner's site
plan shows that the proposed driveway configuration will be constructed of asphalt with a I-foot border on each
side of the drive and would cover 51.2% of the front yard, and create 46.5% overall lot coverage.
Ms. Connolly stated that the proposed house and related improvements were recently completed and comply with
Village regulations. She showed a table comparing the Petitioner's proposal to the requirements for a circular
drive listed in Sec. 14.2215 and the applicable Rl Single Family Residence district bulk regulations. The table
shows that the addition of the circular drive requires a Variation for lot coverage.
Arlene Juracek, Chairperson
Planning & Zoning Commission Meeting April 26, 2007
PZ-II-07
Page 2
Ms. Connolly said the standards for a Variation are listed in the Zoning Ordinance and include specific findings
that must be made in order to approve a Variation, and she summarized the findings:
. A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not
generally applicable to other properties in the same zoning district and not created by any person
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.
Ms. Connolly said the Petitioner states in the application that the circular driveway is necessary because the house
is located along a curved portion of Briarwood Drive and there is a blind spot when backing out of the driveway.
The Petitioner notes that allowing a circular drive would allow for safer access onto the street. The Engineering
Division reviewed the request and found the traffic volume along Briarwood Drive would not impede the
applicant from backing out of the driveway.
Ms. Connolly stated that the addition of the circular driveway would increase the front yard lot coverage to 51.2%
when the Zoning Ordinance limits it to 45%. In addition, the lot coverage for the entire property would increase
to 46.5% when the Zoning Ordinance limits it to 45%. She said that Engineering in general does not support lot
coverage Variations because one aspect of the lot coverage requirement is to control stormwater runoff. While the
amount of lot coverage proposed may not significantly impact the receiving storm sewers and detention ponds
design, a cumulative increase in the neighborhood could create an undesirable situation.
Ms. Connolly said the standards for Conditional Uses are listed in the Zoning Ordinance. She said that the section
contains specific findings that must be made in order to approve a Conditional Use, and a circular drive is listed as
a Conditional Use in Section 14.803.A of the Zoning Ordinance. She summarized the Conditional Use findings:
. 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.
Ms. Connolly stated that modifications to the Village Code were adopted last year and reflect the Village's
change in policy with respect to circular drives. The Village Board recognized that circular driveways are not
always requested for a safety issue, but as part of a larger improvement project for a residential property.
Ordinance 5547 limits consideration of Conditional Use approval for circular driveways to lots that measure
seventy five feet in width or greater. She said applicable zoning and the additional minimum requirements must
also be met in order for consideration of Conditional Use approval:
. The circular drive portion of the driveway shall have a minimum turning radius of fifteen feet (15');
. The circular drive portion of the driveway shall have a minimum width of twelve feet (12'); and
Ms. Connolly said the Petitioner's submittal for the circular drive portion of the driveway measures twelve feet
wide with a minimum turning radius of fifteen feet. However, the project results in 51.2% front yard lot
coverage, and 46.5% overall lot coverage, which necessitates Variation approval for the proposed lot coverage.
Although circular drives are quite common throughout the Lake Briarwood development, those drives were most
likely installed when the development was under Cook County jurisdiction.
Arlene Juracek, Chairperson
Planning & Zoning Commission Meeting April 26, 2007
PZ-ll-07
Page 3
Ms. Connolly stated that while the proposed circular driveway will not be harmful to the neighborhood character,
it does not meet the standards for a Conditional Use because the proposal requires a Variation for the amount of
overall and front yard lot coverage.
Ms. Connolly said based on the above analysis, Staff recommends that the Planning and Zoning Commission
deny the following motion:
"To approve a Conditional Use permit and Variation to allow 51.2% front yard lot coverage and 46.5%
overall lot coverage to allow the construction of a circular drive for the residence at 2907 Briarwood
Drive West, Case Number PZ-ll-07."
She stated that the Village Board's decision is final for this case.
Chairperson Juracek stated that the drawings show the driveway as 10- feet wide, but the Staff report indicates a
l2-foot drive. Ms. Connolly said the concrete drive is lO-foot wide, but would include a I-foot brick paver frame
on each side, for a total of 12 feet.
Joseph Donnelly asked if the lot coverage was calculated by Staff or by the Petitioner; Ms. Connolly stated that
staff calculated the lot coverage.
Richard Rogers stated that there was a previous Variation request for a property on this lake and there was
concern about lot coverage and run-off into the lake. Ms. Connolly confirmed there was a previous case in this
development where a resident wanted to replace an existing deck with a larger patio.
Chairperson Juracek called for additional questions for Staff. There were no additional questions.
Chairperson Juracek swore in Anthony Rossi, architect for the Petitioner, and Bill Hogan, 2907 Briarwood Drive
West, Arlington Heights, IL. Mr. Rossi stated that the request for the circular drive is two-fold; for ease of egress
and for additional off-street parking. He stated that the existing street is only 23-feet wide, which impedes vehicle
maneuvering. There was general discussion regarding the maneuverability of vehicles on Briarwood Drive.
Mr. Donnelly asked if Briarwood Drive is a private drive, owned by the association. Mr. Hogan said he was not
sure, but that the speed limit has recently been reduced from 25 to 20 miles per hour.
Chairperson Juracek asked why the circular drive was not included in the recent construction of the home. Mr.
Hogan stated that the construction process took over 2 years and they were more concerned about getting the
home completed.
Mr. Donnelly asked if the Petitioner has considered a turn-around pad, versus the circular drive. Mr. Rossi stated
that the turn-around would provide nearly as much lot coverage as the circular drive. There was general
discussion regarding the size of a turn-around pad.
Mr. Rogers stated his concern is the increased lot coverage causing additional run-off into Lake Briarwood. He
said the 45% lot coverage was put in place to safely manage the amount of water detained in the lake, and prevent
over-flowage into the creek.
Mr. Rossi said the overage is approx 158 square feet. He said in comparison to the hazardous existing condition
of a 23-foot wide street, the 1.5% overage is minimal. Chairperson Juracek stated that the front yard lot coverage
will be exceeded by 6.2%, not the 1.5%. Mr. Rossi said he is referring to the lot coverage of the entire site.
Arlene Juracek, Chairperson
Planning & Zoning Commission Meeting April 26, 2007
PZ-II-07
Page 4
Mr. Donnelly stated that one of the conditions for granting the Variation is an existing hardship. In this case, the
Petitioner caused his own hardship by constructing the home in its current location. Mr. Rossi stated that the
home was built according to Village Code and has met all the setbacks. Chairperson Juracek said the point is that
the circular drive could have been incorporated into the recent construction; the house footprint could have been
reduced or the layout could have been reconfigured to incorporate the circular drive. There was general
discussion regarding the circular drive and alternatives.
Chairperson Juracek swore in Thomas Pekras, 2924 S. Briarwood. Mr. Pekras stated he has been a Briarwood
resident for 31 years. He said that he has never met the Petitioner. Mr. Pekras stated that his home has a circular
drive and they greatly appreciate it because the narrow street width is a hazard. There are many pedestrians and
bicyclists in the area and on-street parking increases the hazard. He feels a circular driveway would be an added
safely feature and he is in favor of granting the Variation.
Chairperson Juracek said she does not disagree with the request, however she feels the circular driveway could
have been addressed at the time the home was recently constructed.
Chairperson Juracek called for additional questions from the audience. Hearing none, the public hearing was
closed at 10: 19 p.m.
Mr. Donnelly stated that there are several options the Petitioner could consider to remedy the parking situation.
Richard Rogers made a motion to approve Case Number PZ-ll-07, a Conditional Use permit and Variation to
allow 51.2% front yard lot coverage and 46.5% overall lot coverage to allow the construction of a circular drive
for the residence at 2907 Briarwood Drive West. Leo Floros seconded the motion.
UPON ROLL CALL:
AYES: Roberts
NAYS: Donnelly, Floros, Haaland, Rogers, McCabe, Juracek
Motion was denied 6-1.
After hearing one additional cases and discussing the Zoning Ordinance update, Richard Rogers made a motion to
adjourn at 10:48 p.m., seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting
was adjourned.
H:\PLAN\Planning & Zoning COMM\P&z 2007\Minutcs\PZ-l 1-07 2907 Briarwood West.doc
I'
Village of Mount Prospect
Community Development Department
CASE SUMMARY - PZ-I1-07
LOCATION:
PETITIONER:
OWNERS:
PARCEL #:
LOT SIZE:
ZONING:
LAND USE:
REQUEST:
2907 Briarwood Drive West
William T. Hogan, Jr.
William T. Hogan, Jr.
08-22-200-084-0000
0.24 acres (10,570 square feet)
Rl Single Family Residence
Single Family Residential
Conditional Use (circular driveway) & Variation (lot coverage)
LOCATION MAP
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MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MOUNT PROSPECT PLANNING & ZONING COMMISSION
ARLENE JURACEK, CHAIRPERSON
FROM:
mDY CONNOLLY, AICP, SENIOR PLANNER
DATE:
APRIL 19, 2007
HEARING DATE:
APRIL 26, 2007
SUBJECT:
PZ-11-07 - CONDITIONAL USE (CIRCULAR DRIVE)
2907 BRIARWOOD DRIVE WEST (HOGAN RESIDENCE)
BACKGROUND
A public hearing has been scheduled for the April 26, 2007 Planning & Zoning Commission meeting to review
the application by William Hogan, Jr. (the "Petitioner") regarding the property located at 2907 Briarwood Drive
West (the "Subject Property"). The Petitioner has requested Conditional Use approval to allow the construction
of a new circular driveway, which also requires a Variation for lot coverage. The P&Z hearing was properly
noticed in the April 11, 2007 edition of the Journal Topics Newspaper. In addition, Staff has completed the
required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject
Property.
PROPERTY DESCRIPTION
The Subject Property is an interior lot located on the west side of the Lake Briarwood development. The Subject
Property is zoned R1 Single Family Residence and is bordered by the R1 District to the north, east, and south, and
by a multi-family development in Arlington Heights to the west. The Lake Briarwood development does not have
sidewalks, and the street pavement width measures 23' which is less than the current code requirement of 28 feet.
SUMMARY OF PROPOSAL
The Petitioner recently constructed a new home on the Subject Property and is seeking Conditional Use approval
for a circular driveway. During the staff review, it was determined that a Variation for lot coverage would also be
necessary in order to approve the proposed circular driveway because the as the overall site and front yard would
exceed the lot coverage limitations. The proposed circular driveway measures 12-feet wide and would connect to
a 'standard' 20-foot wide driveway. The attached site plan shows that the proposed driveway configuration will
be constructed of asphalt with aI' border on each side of the drive and would cover 51.2% of the front yard, and
create 46.5% overall lot coverage.
GENERAL ZONING COMPLIANCE
The propused house and related improvements were recently completed and comply with Village regulations.
The table on the following page compares the Petitioner's proposal to the requirements for a circular drive listed
in Sec. 14.2215 and the applicable Rl Single Family Residence district bulk regulations.
PZ-ll-O~
Planning & Zoning Commission Meeting April 26, 2007
Page 3
Villa2e Code Requirements Existin2 Proposed
Lot Width
for a circular drive 75' min. 84.9' No change
Turning Radius 150 min. N/A 170
Driveway Width
(circular portion) 12' min N/A 12'
Lot Coverage
Front Yard 45% max 25.7% 51.2%
Overall 45% max 41.2% 46.5%
VARIATION STANDARDS
The standards for a Variation are listed in Section 14.203.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
generally applicable to other properties in the same zoning district and not created by any person
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.
The Petitioner states in the attached application that the circular driveway is necessary because the house is
located along a curved portion of Briarwood Drive and there is a blind spot when backing out of the driveway.
The Petitioner notes that allowing a circular drive would allow for safer access onto the street. Engineering
reviewed the request and found the traffic volume along Briarwood Drive would not impede the applicant from
backing out of the driveway.
The addition of the circular driveway would increase the front yard lot coverage to 51.2% when the Zoning
Ordinance limits it to 45% (Sec. 14.905.C.2). In addition, the lot coverage for the entire property would increase
to 465% when the Zoning Ordinance limits it to 45%. In general, Engineering does not support lot coverage
Variations because one aspect of the lot coverage requirement is to control stormwater runoff. While the amount
of lot coverage proposed may not significantly impact the receiving storm sewers and detention ponds design, a
cumulative increase in the neighborhood could create an undesirable situation.
CONDITIONAL USE STANDARDS
The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance. The section
contains seven specific findings that must be made in order to approve a Conditional Use. The circular drive is
listed as a Conditional Use in Section 14.803.A of the Zoning Ordinance. The following list is a summary of
these findings:
. 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
PZ-II-07
Planning & Zoning Commission Meeting April 26, 2007
Page 4
· Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code,
and other Village Ordinances.
Modifications to Sec.14.2215 of the Village Code were adopted last year and reflect the Village's change in
policy 'Nith respect to circular drives. The Village Board recognized that circular driveways are not always
requested for a safety issue, but as part of a larger improvement project for a residential property. Ordinance 5547
limits consideration of Conditional Use approval for circular driveways to lots that measure seventy five feet (75')
or greater. Applicable zoning and the additional minimum requirements (Sec. 14.2215) listed below must also be
met in order for consideration of Conditional Use approval:
· The circular drive portion of the driveway shall have a minimum turning radius of fifteen feet (15');
· The circular drive portion of the driveway shall have a minimum width of twelve feet (12'); and
The Petitioner's submittal for the circular drive portion of the driveway measures twelve feet wide with a
minimum turning radius of fifteen feet. However, the project results in 51.2% front yard lot coverage, and 46.5%
overall lot coverage, which necessitates Variation approval for the proposed lot coverage. Although circular
drives are quite common throughout the Lake Briarwood development, those drives were most likely installed
when the development was under Cook County jurisdiction.
RECOMMENDATION
While the proposed circular driveway will not be harmful to the neighborhood character, it does not meet the
standards for a Conditional Use because the proposal requires a Variation for the amount of overall and front yard
lot coverage.
Based on the above analysis, Staff recommends that the Planning and Zoning Commission deny the following
motion:
"To approve a Conditional Use permit and Variation to allow 51.2% front yard lot coverage and 46.5%
overall lot coverage to allow the construction of a circular drive for the residence at 2907 Briarwood
Drive West, Case No. PZ-II-07."
The Village Board's decision is final for this case.
I concur:
j~1~~~.
William J. Cooney, AICP, Director of Community Development
Ijmc H:\PLAN\PliUUling It. Zoning COMM\P1tZ 2007\SlaffMemo\PZ.11-07 MEMO (2907 BriIn\'OOd Drive West - CU circular drive).doc
Mount Prospect
VILL'AGE 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
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TDD 847.392.6064
Prop,osed Conditional Use (as listed in the zoning district)
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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 appointment 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 the property during
reasonable hours for visual inspection of the subject property.
I hereby affIrm 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. .
YAPPli,ant (J~ / --z; ~ ~ Date
-----
If applicant is not property owner:
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
Phone 847.818.5328
Fax 847.818.5329
TDD 847.392.6064
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
www.mountprospect.org 3
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Proposed Conditional Use (as listed in the zoning district)
.
.
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) The existing obsolete home was razed and a
larger contemporary residence was constructed in its place. The length of the drive was
reduced, and to prevent guest from parkmg m the street, a cIrcular drIve would prevent thIS.
The main problem is the radius of the street at my house which creates a blind spot for anyone
Q backing out. The character of the neighborhood will not be sacrificed, since there are many
~ circular drives In thIs area. The condltlunal use will nut have any detrimental effect or endanger
r.~ the public health. safety . morals. comfort. or e:eneral welfare. The opposite will occur since it
o~ will prevent an accident occurring due to eliminating the blind spot and prevent an injurious
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~O' existing conditioD. The nOlmAI And olderl, de.,elopment And implo~en'lent of this conditionAl
~~ use will not impede the normal and orderly development and improvement in which it is to be
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j;:)Z located. The existing access roads, drainage and necessary facilities will not be impaired but
009 has been provided. The ingress and egress as designed will minimize and eliminate traffle
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u congestion in the public streets. We do feel the circular drive as designed, will not impact the
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current Comprehensive Plan for the Village. If the regulation of the district in which the
Circular Drive is located, may, in this instance, be modified pursuant to the recommendation of
me Planm2 ana LODln2 (;ommlsslon.
HatH's af OJ'lerlltiaa
Not Applicable; Residence
Address(es) (Street Number, Street)
~Z 2907 Briarwood Drive West
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oo~ .25 Acres R~ ~\ 3,823 650 sq. ft.
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Or. 30'-0" 25'-0" 8' -0" 8'-0"
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~~ Building Height Lot Coverage (%) Number of Parking Spaces
28' -9" 35% 2 spaces in driveway
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 appointment 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 the property during
reasonable hours for visual inspection of the subject property.
I hereby affIrm 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.
Applicant
Print Name Mr. William Hogan
Date March 21, 2007
If applicant is not property owner:
I hereby designate the applicant to act as my agent for the purpose of seeking the V ariation( s) described in this
application and the assocIated supportmg matenal.
Property Owner
Date
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ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE PERMITAND VARIATION
FOR PROPERTY LOCATED AT 2907 SOUTH BRIARWOOD DRIVE WEST
WHEREAS, William Hogan ("Petitioner") has filed a petition for a Conditional Use permit and
Variation with respect to property located at 2907 South Briarwood Drive West ("Property") and
legally described as follows:
Lot 33 in Lake Briarwood Unit 2, a subdivision of part of the West % of Section 22,
Township 41 North, Range 11 East of the Third Principal Meridian in Cook County,
Illinois commonly known as 2907 Briarwood Drive West, Arlington Heights, Illinois
Property Index Number: 08-22-200-084-0000;
and
WHEREAS, the Petitioner seeks a Conditional Use and Variation to construct a circular driveway;
and
WHEREAS, a Public Hearing was held on the request for the Conditional Use permit being the
subject of PZ -11-07 before the Planning and Zoning Commission of the Village of Mount Prospect
on the 26th day of April, 2007, pursuant to proper legal notice having been published in the Mount
Prospect Journal & Topics on the day of April 11th, 2007; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and negative
recommendations to the President and Board of Trustees for the request being the subject of PZ-
11-07; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given
consideration to the request herein and have determined that the same meets the standards of the
Village and that the granting of the proposed Conditional Use permit and Variation would be in the
best interest of the Village.
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 POWERS:
SECTION ONE: The recitals set forth hereinabove 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 do hereby
grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow
the construction of a circular driveway.
SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do
hereby grant a Variation, as provided for in Section 14.203.C.7 of the Village Code, to allow the
construction of a circular driveway, which results in 51.2% front yard lot coverage and 46.5% overall
lot coverage, and exceeds the maximum amount of lot coverage allowed by the Mount Prospect
Village Code, all as shown on the Site Plan, a copy of which is attached hereto and hereby made a
part hereof as Exhibit "A."
('~
PZ-11-07
2907 South Briarwood Drive
Page 2/2
SECTION FOUR: That the Village Clerk is hereby authorized and directed to record a certified
copy of this Ordinance with the Recorder of Deeds of Cook County.
SECTION FIVE: 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 May, 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
I:\C USE circular drive2907briarwooddrivemay2007.doc
MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
MAY 11, 2007
SUBJECT:
PZ-03-07 - PLAT OF V ACA TION - UTILITY EASEMENT
BRIARWOOD BUSINESS CENTER (1400 ALGONQUIN ROAD)
OPUS NORTH CORPORATION - APPLICANT
The Applicant is in the process of completing the construction of a new warehouse facility. The new warehouse
is being constructed in accordance with current Village Codes and the existing utility easements are no longer
applicable to the redeveloped site. Consequently, the Applicant prepared a Plat of Vacation that vacates the utility
easements. The Applicant's Plat of Subdivision includes new easements that are applicable to the redevelopment
of the site.
Staff reviewed the Plat of Vacation and found it was prepared according to Village Codes. Please forward this
memorandum and attachment to the Village Board for their review and consideration at their May 15, 2007
meeting. Staff will be present to answer any questions related to this matter.
H:\PLAN\Planning & Zoning COMM\P&Z 2007\MEJ Memos\PZ-03-07 Plat of Vacation MEJ Memo (Opus Briarwood development - 1400 Algonquin).doc
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RESOLUTION NO.
A RESOLUTION APPROVING A PLAT OF VACATION OF UTILITY EASEMENTS AT
BRIARWOOD BUSINESS CENTER. 1400 ALGONQUIN ROAD
WHEREAS, OPUS NORTH CORPORATION, ("Petitioner") has requested approval of a Plat of
Vacation for the purpose of vacating existing utility easements located at 1400 Algonquin Road,
Mount Prospect, Illinois ("Property"); and
WHEREAS, the Petitioner is in the process of completing the construction of a new warehouse
facility at the Property and the existing utility easements are no longer applicable to the
development site; and
WHEREAS, the Petitioner's Plat of Subdivision approved by Resolution 4-06 dated February 7,
2006 includes new easements that are applicable to the redevelopment of the site; and
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Plat of Vacation for property at 1400 Algonquin Road, a copy of which
is attached to this Resolution as "Exhibit A", is hereby approved for appropriate execution and
recording. Such Plat and its legal description are incorporated into, and made a part of, this
Resolution.
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED AND APPROVED this th day of May, 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H :\CLKO\fiIes\WIN\RES\Platofvacation, briarwoodbusinesscenter1400algonquinroadmay2007 .doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXTENSION OF AN EASEMENT
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE MT. PROSPECT PARK DISTRICT FOR PROPERTY
LOCATED AT THE MT. PROSPECT GOLF COURSE,
600 SOUTH SEE-GWUN AVENUE. MOUNT PROSPECT. ILLINOIS
WHEREAS, the Mt. Prospect Park District ("District") owns the property commonly known as the Mt. Prospect
Golf Course, 600 South See-Gwun Avenue, Mount Prospect, Illinois; and
WHEREAS, the District entered into an agreement ("Agreement") dated February 21, 1967 with the Village of
Mount Prospect ("Village") pursuant to which the District granted the Village a forty (40) year easement for the
construction, operation and maintenance of a water well, water reservoir and water mains and the non-exclusive
right to use a certain access road at the Mt. Prospect Golf Course; and
WHEREAS, the initial term of the Agreement has expired and the Village has requested the District to extend
the Agreement for an additional forty (40) years to February 20,2047; and
WHEREAS, the District is willing to extend the term of the Agreement as requested by the Village, on the same
terms as forth in the Agreement.
WHEREAS, it has been further determined that it would be in the best interest of all concerned to enter into said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Agreement shall be extended, on the same terms as set forth in the Agreement, for an
additional forty (40) year term, to and including February 20,2047.
SECTION TWO: The Board of Trustees of the Village of Mount Prospect do hereby authorize the President to
sign and the Clerk to attest her signature to the Extension of Easement Agreement between the Village of
Mount Prospect and the Mt. Prospect Park District, a copy which is attached hereto and hereby made a part
hereof as "Exhibit A."
SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the
manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 15th day of May 2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell, Village Clerk
H :\CLKO\files\WI N\RES\Easement agrmtmtprospectparkdistrictmay2007.doc
E
EXTENSION OF EASEMENT AGREEMENT
Preamble
On February 21, 1967, the Village of Mount Prospect and the Mount
Prospect Park District entered into an agreement providing the Village with an
easement ("Agreement") over certain Park District property for purposes of
installing, operating and maintaining a water reservoir, well and subject to the
parties mutual assessment to renew it. The Parties have now determined that it
is in their mutual best interest to extend the Agreement for an additional forty
years.
Now, therefore, in consideration of the mutual covenants contained in this
Extension of Easement Agreement and other good and valuable consideration
the Parties agree that the Agreement entered into on February 21, 1967 shall be
extended for an additional term of forty years beyond that expiration date on the
same terms as set forth in the Agreement.
DATED:
,2007
Village of Mount Prospect, an Illinois
Municipal Corporation
Mount Prospect Park District, an
Illinois Municipal Corporation
President
f ...,/
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B,Y:"'~. 4 ,Ii~
~ ,// President
By:
Clerk
ST: 31 .fY( ,
C
ATTEST:
iManage: 191177_1
RESOLUTION NO. 584
MT. PROSPECT PARK DISTRICT
A RESOLUTION APPROVING A 40 YEAR EXTENSION OF EASEMENT
AGREEMENT FOR A PART OF THE MT. PROSPECT GOLF COURSE
WHEREAS, the Mt. Prospect Park District ("District") entered into
an agreement ("Agreement") dated February 21, 1967 with the Village of
Mt. Prospect ("Village") pursuant to which the District granted the Village
a forty (40) year easement for the construction, operation and
maintenance of a water well, water reservoir and water mains and the
non-exclusive right to use a certain access road on real property owned
by the District at the Mt. Prospect Golf Course; and
WHEREAS, the initial term of the Agreement has expired and the
Village has requested the District to extend the Agreement for an
additional forty (40) years to February 20,2047; and
WHEREAS, the District is willing to extend the term of the
Agreement as requested by the Village, on the same terms as set forth in
the Agreement.
NOW, THEREFORE, be it and the same is hereby RESOLVED by
the Mt. Prospect Park District and the Board of Park Commissioners
thereof, as follows:
1. The Agreement shall be extended, on the same terms as set
forth in the Agreement, for an additional forty (40) year term,
to and including February 20, 2047.
2. The President and Secretary are hereby authorized to
execute and attest, respectively, the Extension of Easement
Agreement in the form attached hereto and hereby made a
part hereof, and to deliver same to the Village for its
execu tion thereof.
3. This Resolution shall be effective upon adoption.
VOTE:
Ayes: 7
Nays: 0
Absent:
o
ADOPTED this 25th day of April, 2007.
sident
oard of Park Commissioners
Mt. Prospect Park District
ATTEST:
"
2
STATE OF ILLINOIS
SS.
COUNTY OF COOK
I, JOHN G. EILERING, DO HEREBY CERTIFY that I am the duly
elected, qualified and acting Secretary of the Mt. Prospect Park District
and of the Board of Park Commissioners of the Mt. Prospect Park
District; and that I have access to and am custodian of the official
Minutes of the Meetings of the Board of Park Commissioners and of the
M t. Prospect Park District.
I DO FURTHER CERTIFY that the above and foregoing is a true
and correct copy (duplicate) of a certain resolution entitled:
RESOLUTION NO. 584
MT. PROSPECT PARK DISTRICT
A RESOLUTION APPROVING A 40 YEAR EXTENSION OF EASEMENT
AGREEMENT FOR A PART OF THE MT. PROSPECT GOLF COURSE
That the foregoing was passed by the Board of Park Commissioners of
said M t. Prospect Park District on the 25th day of April, 2007, and was
on the same day approved by the Secretary of the Mt. Prospect Park
District of which the foregoing is a true copy (duplicate) and is now on
file in the office of such Secretary
GIVEN under my hand and seal of the Mt. Prospect Park District
this 25th day of April, 2007.
Secretary
M t. Prospect Park District
Cook County, Illinois
(SEAL)
3
kad
5/9/07
RESOLUTION NO.
A RESOLUTION APPOINTING A DIRECTOR AND ALTERNATE DIRECTORS
TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Village of Mount Prospect is a member of the Solid Waste Agency
of Northern Cook County (the "Agency") and, pursuant to the Agency Agreement
establishing the Agency, is entitled to appoint a Director and one or more Alternate
Directors to the Board of Directors of the Agency.
SECTION TWO: The Mayor and Board of Trustees of the Village appoints Trustee
Timothy J. Corcoran as the Village's Director on the Board of Directors of the Agency,
and Trustee Paul W. Hoefert and Mayor Irvana K. Wilks as Alternate Directors, in each
case for a term expiring April 30, 2009, or until a successor is appointed.
SECTION THREE: This Resolution shall be in full force and effect upon its passage
and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of May, 2007.
Irvana K. Wilks
Mayor
ATTEST:
Lisa Angell
Village Clerk
H:\CLKO\files\WIN\RES\SWANCC reps 2007.doc
c
kad
5/11/07
ORDINANCE NO.
AN ORDINANCE DESIGNATING REPRESENTATIVES
TO THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY
FOR THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the Village of Mount Prospect is a member of the Northwest Suburban Municipal
Joint Action Water Agency, as authorized by Ordinance No. 3081; and
WHEREAS, Section 9 of the Joint Action Water Agency Agreement and Articles II and III of the
by-laws to said Agency require the members to designate and appoint both a representative
and alternate representative of the Village to the Board of Directors of the Joint Action Water
Agency and the Executive Committee.
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 POWERS:
SECTION ONE: That Irvana K. Wilks, Village President, is hereby appointed as Director, and
Richard Lohrstorfer, Village Trustee, as Alternate Director of the Board of Directors of the
Northwest Suburban Municipal Joint Action Water Agency, for a term beginning May 1, 2007,
and expiring April 30, 2009.
SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of ,2007.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:ICLKOlfilesIWlNIORDINANCIJAWA reps,2007 -OS.doc
/'-