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Home My WebLink About6.3 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT THE PROPERTY 325 WEST PROSPECT AVENUE, SUITE 3 (PZ-12-22)Mr�GauC �'d'+rt;�iect PROSPECTSubject Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT THE PROPERTY 325 WEST c Meeting June 21, 2022 REGULAR OF PROSPECT VILLAGEBOARD Fiscal Impact false Dollar Amount Budget Source Category CONSENT AGENDA Type Action Item Ashley Knapstein Massage Therapy, LLC ("Petitioner") has operated a massage therapy establishment in Arlington Heights for about five years and proposes to relocate to 325 West Prospect Avenue, Suite 3 ("Subject Property"). The Petitioner offers therapeutic massage services for chronic pain and headache management. The Petitioner indicated that she is a solo practitioner working with one client at a time for sessions ranging from 45 to 120 minutes, and typically sees 3 to 4 clients per day. The Petitioner is preparing plans for building permit submission for interior renovations including moving a wall and installing a sink. The Petitioner indicated that no exterior renovations or sign alterations will occur. The Subject Property is zoned B-5 Central Commercial and consists of multiple office suites hosting a variety of uses. Since the proposal does not involve new construction or major rehabilitation, or a change in use which warrants additional parking, no additional off-street parking is required. The Petitioner has submitted to the Village a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage 1 Establishments. Because this is a new massage therapy establishment, conditional use approval is required. Village staff has reviewed the Petitioner's request and finds that it meets the standards for a conditional use. The Police Department confirmed that the Petitioner has met all ordinance standards to operate a massage establishment. At the Planning & Zoning Commission meeting on May 12, 2022, the Commission recommended approval of the request by a vote of 5 - 0. There were no objectors or comments received from the public on this item. The Petitioner has submitted a letter requesting to waive the 2nd reading. Alternatives 1. Approval of a conditional use permit to operate a massage therapy establishment at 325 West Prospect Avenue, Suite 3, subject to the following conditions: a. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations. 2. Action at the discretion of the Village Board. Staff Recommendation Approval of a conditional use permit to operate a massage therapy establishment at 325 West Prospect Avenue, Suite 3. ATTACHMENTS: PZ-12-22—Staff Report.pdf PZ-12-22—Administrative Content.pdf PZ-12-22_Plans.pdf PZ-12-22_Minutes.pdf PZ -12 -22 -2nd Reading Waiver.pdf PZ 12-22 CU 325 west prospect ave suite 3.pdf 2 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Director of Community Development DATE: May 5, 2022 CASE NUMBER PZ -12-22 PUBLIC HEARING DATE May 12, 2022 Antonia Lalagos Development Planner APPLICANT/PROPERTY OWNER Ashley Knapstein Massage Therapy LLC / Michael and Ruth Shen PROPERTY ADDRESS/LOCATION 325 W Prospect Ave Ste 3 BRIEF SUMMARY OF REQUEST The petitioner is proposing to operate a massage therapy establishment at 325 West Prospect Avenue (the subject property). Massage therapy businesses must obtain conditional use approval to operate. The subject property is zoned B-5 Central Commercial. The proposed business meets the standards for a conditional use and therefore staff is supportive of the request. 2022 Village of Mount Prospect Zoning Map EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: 1-2 Railroad PROPERTY B-5 Central Multi -tenant Office Building East: B-5 Central Commercial .22 Acre Commercial South: R -A Single -Family Residence West: B-5 Central Commercial APPROVE STAFF RECOMMENDATION APPROVE WITH CONDITIONS�� DENY C:\Users\bcooney\AppData\Local\Microsoft\Windows\iNetCache\Content.Outlook\6GHK3XU8\PZ-12-22 325 W Prospect Ave 3 (CU -Massage Therapy).docx 1 3 BACKGROUND/PROPERTY HISTORY The subject property is a multi -tenant office building with a mixture of professional and medical office uses, Roughly half of the building is occupied by the property owners' dentistry practice. PROPOSAL The petitioner proposes to operate a 369-sqaure-foot massage therapy establishment at the subject property, offering therapeutic massage services for chronic pain and headache management. The business owner stated that she is licensed by the State of Illinois and uses a combination of treatments including deep tissue, neuromuscular trigger point, cupping therapy, and intra -oral massage for temporomandibular joint disorder (TMJD). The business owner indicated that she is a solo practitioner working with one client at a time for sessions ranging from 45 to 120 minutes, and typically sees 3 to 4 clients per day. The business owner proposes hours of operation between 10:00 am and 6:30 pm, Tuesday through Friday and every other Saturday. The petitioner is preparing plans for building permit submission for interior renovations including moving a wall and installing a sink. The petitioner indicated that no exterior renovations or sign alterations will occur. The subject property is zoned B-5 Central Commercial. Since the proposal does not involve new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, no additional off-street parking is required. The petitioner has submitted to the Village a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage Establishments. COMPREHENSIVE PLAN DESIGNATION The Village Comprehensive Plan designates the subject property as central commercial. The proposed conditional use is consistent with the Comprehensive Plan's vision for downtown mixed-use. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: • The conditional use will not have a detrimental impact 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; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village ordinances. The petitioner maintains that she upholds the highest standards of professionalism and intends to provide therapeutic massage services for pain management and headache relief. The petitioner contends that her therapeutic massage services will enhance the environment by providing complimentary services to the surrounding wellness businesses in the area. The petitioner states that her business will be in an established C:\Users\bcooney\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\6GHK3XU8\PZ-12-22 325 W Prospect Ave 3 (CU -Massage Therapy).docx 2 4 office building and that it will not interfere with other community development. Per the petitioner, the subject property has 10 parking spaces and access to street parking in front of the building. The petitioner notes that the building contains a shared bathroom that is maintained by building management, and she will have a sink in her office that is available for client use. The petitioner maintains that her business will not create traffic congestion or parking issues, as she works with only one client at a time. Finally, the petitioner states that she will be an asset to the Mount Prospect community and will run a professional and ethical practice. Village staff has reviewed the petitioner's request and finds that it meets the standards for a conditional use. A building permit will be required for the proposed renovations. The Police Department confirmed that the petitioner has met all ordinance standards to operate a massage pstahlishmPnt. Staff finds that the conditional use complies with the standards as listed in the Village Zoning Ordinance and that granting such a request would be in the best interest of the Village. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning & Zoning Commission and recommends approval of the following motion: 1. "A conditional use permit to operate a massage therapy establishment at 325 West Prospect Avenue Suite 3, subject to the following conditions: a. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." The Village Board's decision is final for this case. ATTACHMENTS: ,/ ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to %41—. Standards, etc...) -.0 I concur: William J. Cooney, AICP Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) OTHER (Supplemental Information, Public Comments Received, etc...) C:\Users\bcooney\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\6GHK3XU8\PZ-12-22 325 W Prospect Ave 3 (CU -Massage Therapy).docx 3 5 Viflage Of MOUnt Prospect COMMUnity Devebpment Depwlment 50 S Emerson Street Mount Prospect, Hlinois 60056 Phone� (847) 818-5328 Official Use Only (To be completed by V11 Case Number F - Date of SubMiSSi09V 1 11-1-1-.— . ... ... - Hearing Date: Project Name/Address', 1. Subject Property Address(es) 325 W. Prospect Ave Suite 43 . . ... .............. Zo6ng District (s) B-5 Property Area (Scl Ft wid/or Acreage) PMCIN Index N[Urruber(s) (PI(y-08-11-205-015-0000 IL Zoning Request(s) (Check all that apply) F9 Conditionad Use: For Massage therapy [I Varuation(s): To El ZonVng Map Amendment: Rezone From To— Zoning Text Amendment, Section(s) Other H 0 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. Tile 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 agent's 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, Date Applicant: V � , � � '— , `4 1 g 61a i 6 r) (Forint or Type Name) If applicant is not property owner, I hereby designate Vie applicant to act as my agent for the purpose of seeking the zonng request(s) described in this application and the assobated support0q, l`liateri l, Property Owner: ==—Date, (Signature) Int or Type Name) SiCCLE KIM offlcjal Seal Notary Pubtic - State of klrOls My Cornmtssior Exptires Aug 11, 2024 ,!W/ 3 9.Z�1�1112' BUSINESS PLANS 325 W. PROSPECT AVE. #3 Ashley Knapstein Massage Therapy L.L.0 Licensed by the state of Illinois, I provide therapeutic massage services for chronic pain and headache management to the surrounding communities. use a combination of treatments including deep tissue, neuromuscular trigger point, cupping therapy and intra -oral massage for TMJD. Occasionally using heated and/or cold stones. am a solo practitioner working with one client at a time for sessions ranging 45 to 120 minutes. Typically seeing 3-4 clients per day, with no more than 5 hours of hands-on work total a day. Hours of availability are: Tuesdays and Fridays--I0am - 5pm, Wednesday--10am - 6:30pm, Thursday--I2pm - 6:30pm every other Saturday--10am - 4pm. 0 Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS under oath, state that I am (print name) the soGe owner of the property Kan owner of the property an authorized officer for the owner of the property Commonly described as (property address and PIN) and that such property is owned by as of this date (print name) /,Z Walure Subscribed and sworn to before fT,ue this __,L� clay of /'7�!!J!i"/,,- Notary Public NICOLE KIM Official Seal Notary Public - State of Illinois My Commission UpIres Aug 12, 2024 I 0 l� PREPARED BY: Garr & Schlueter, Ltd. 50 Turner Avenue Elk Grove village, IL 60007 MAIL TAMC BILL TO: Michael Shen 325 West Prospect Road Mount Prospect, IL 60056 MAIL RECORDED DEED TO: Mort Rubin 3100 Dundee Road, Suite 402 Northbrook, IL 60062 JOINT "TENANCY WARRANTY DEED Statutory (Illinois) THE GRANTOR(S), Christian Kyle, LLC, an Illinois Limited Liability Company, of the City of Mount Prospect, State of IL, for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations, in hand paid, CONVEY(S) AND WARRANT(S) to Michael Shen and Ruth. Shen , of 601 West Central, #3, Mount Prospect, IL 60056, not as Tenants in Common but as Joint Tenants, all right, title, and interest in the following described real estate situated in the County of COOK, State of Illinois, to wit: Lot 31, Lot 32 and Lot 33 in H. Roy Berry Co's Colonial Manor, being a 'Subdivision of part ofthe Northeast 114 of Section I I and part of the Northwest 1/4 of Section 12, all in Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Indent Number(s): 08-11-205-015-0000 Property Address: 325 West Prospect Road, Mount Prospect, IL 60056 Subject, however, to the general taxes for the year of 2005 and thereafter, and all instruments, covenants, restrictions, conditions, applicable zoning laws, ordinances, and regulations of record. Hereby releasing and waiving all rights under and by virtue of the Homestead Exemptions Laws of the State of Illinois. TO HAVE AND TO HOLD said premises not in TENANCY IN COMMON but in JOINT TENANCY forever. ATG FORM 4aU-R Joint Tenancy W qty Deed7 Page 1 of :10 0 ATG IREV. W2' Prepared by ATG Resource" FOR USE ft ALL, STATES VILLAGE OF MOUNT RS,)SWE(;i Iary 29604r— Subject, however, to the general taxes for the year of 2005 and thereafter, and all instruments, covenants, restrictions, conditions, applicable zoning laws, ordinances, and regulations of record. Hereby releasing and waiving all rights under and by virtue of the Homestead Exemptions Laws of the State of Illinois. TO HAVE AND TO HOLD said premises not in TENANCY IN COMMON but in JOINT TENANCY forever. ATG FORM 4aU-R Joint Tenancy W qty Deed7 Page 1 of :10 0 ATG IREV. W2' Prepared by ATG Resource" FOR USE ft ALL, STATES Tenancy Warranty Heed - Continued I this Day of r1.G _ 20 By Kyle, an.illinois Li sled Liability Company J. Christian Brix, Manager STATE OF ILLINOIS ) ' SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that L Christian Brix, Manager of Christian Kyle, LLC, an. Illinois Limited Liability Company, personally known to me to be the same person(s) whose cared before me this day in person, and acknowledged that he/she/the narne(s) is/are subscribed to the foregoing instrument, app therein set forth,. signed, sealed and delivered the said instrument, as his/her/their free and voluntary act, for the uses and purposes including the release and waiver of the right of homestead. Given under my hand and notarial seal, this r Uay of 6Z d7i�✓t�- 200-1— A 0 'CJ -1— r • f r-iCI 3�L SEAL'', Notary Public LEE O. GA13R �m�jssion expires: UTARY PUBLIC STATE OF ILLINOIS Exempt under the provisions of paragraph " 1/ - Commission Expires 01110/2008 int Tenancy Warranty Dared: Page 2 at: ATO FORM 4M -R AATO IREV, a W) Pmp,ared by A TG Renume'" FOR, USE ft ALL STATES F TOTAL PAYMENT DUE w . BY 03/01/22 (on time) HOW M 2021 First Installment Property Tax Bill Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classlncation 08-11-205-015-0000 049 16140 2021 2022 ELK GROVE 5-17 IF PAYING AFtER 03102/22 - 04/01/22 04/02/22 - 05/01f22 $3,254,323,000 05/02122 - 06/01/22 03/01/22, PLEASE PAY OR $18,737.08 $19,013.98 OR '$19,2.90.88 Mount Prospect Public School District 57 TAXING DISTRICT DEBT ® FINANCIAL DATA Town of Elk Grove $935,482 Cook County Forest Preserve District Pension and Amount of % of Pension and 73.23% Money Owed by Healthcare Amounts Pension and Healthcare costs $328.420,280 Your Taxing Promised by Your Healthcare Taxing Districts Your Taxing Districts Districts Taxing Districts Shortage Can Pay Northwest Mosquito Abatement Wheeling $231,779 Metro Water Reclamation Dist of Chicago $3,254,323,000 Mt Prospect Park District $19,889.539 Hamer coil Comm college 512 (Palatine) $217,927,366 Township HS District 214 (Arlington Hts) $174,084,349 Mount Prospect Public School District 57 $3.548,068 Village of Mount Prospect $746,353,994 Town of Elk Grove $935,482 Cook County Forest Preserve District $233,103,057 County of cook $7.595,772,042 $7,760,171 $73,862 99.05% $2,958.492,000 $1,219,143,000 58.79% $32,407,456 $3.385502 89.55% $73.034.940 $73,03.4.940 0.00% $270.533,348 -$10.941,244 104.04% $32,578,802 $15.961,461 51.01% $335.532,496 $89,834,413 73.23% $6,852.872 -$469.188 106.8596 $540,107,634 $328.420,280 39.19% $26,972,931,181 $15A81,971,961 42.60% Total $11,686.168,659 $31,230,230,900 $17,200,414,997 PAY YOURTAXES ONLINE at cookcountytreasurer.com from your bank account or credit card CALCULATORTAX IMPORTANT 2020 TOTAL TAX 33,S63-96 2021 ESTIMATE X 5 5% 2021 TOTAL TAX 18,460.18 The (First. Installment amount is 55% of last year's total taxes. All exemptions, such as homeowner and senior exemptions, will be reflected on your Second Installment tax bill. 325 w PROSPECT AVE MICHAEL & RU f H ' HE N MOUNT PROSPECT IL 60056 ;325 W PROSPECT RD MT PROSPECT IE 60056-3141 12 V. 9 j rri N I I 1' CDN "b �► ei ly t3. 7 CO V. 13 Ccn rri CDN "b �► ei ly t3. 7 idirl��p..r. 6 `3 __....._....... _ N 13 ILLINOIS COMMERCIAL LEASE AGREEMENT THIS COMMERCIAL LEASE AGREEMENT hereinafter known as the "Lease" is entered into this day of 2012 , ("Effective bate") by and between Or Michael Shen DDS with mailing address at 325 W Prospect Ave, Suite 1 Mt Prospect, IL 60055 hereinafter referred to as the "Lessor," Ashley Knapstein with mailing address at 4529 Opal Or Hoffman Estates, IL 60192 hereinafter referred to as the "Lessee " -- r collectively referred to herein as "the Parties." WHEREAS, the Lessor desires to lease the Premises defined herein to the Lessee under the terms and conditions as set forth herein; and WHEREAS, the Lessor desires to lease the Premises defined herein from the Lessor under the terms and conditions set forth herein. NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1.THE PREMISES. In accordance with the terms and conditions of this Lease, the Lessor hereby agrees to lease to the Lessee the property described below together with all the improvements thereto: Address: 325 W Prospect Ave, Mt Prospect, IL 60056 Floor and/Unit Number: Suite Net Floor Area: 369 SF Hereinafter known as the "Premises7. The Lessee hereby leases and takes from the Lessor the Premises and confirms that the floor numbers and/or unit numbers of the Premises referred to above are designated by The Lessor. 2. PERMITTED USE. Lessee agrees to continuously and at all times use and occupy the Premises during the Lease Term solely for the Permitted Use(s) as specified below("Permitted Use"): Massage Therapy services 14 No other use is permitted without prior written approval of Lessor, which approval Lessor may grant or withhold. 3. LEASE TERM. The term of this Lease shall commence on 1st day of June . 2.02 and shall subsist for a period of -L-year(s) and 0 month(s), and expire on the last day of the Lease terns, the 31st day of May , 2025 .("Lease Terra") 4. RENEWAL (Cheek One) ❑ The Lessor shall have no obligation to renew the Lease or extend the Lease Term. The Lessee shall have no further right to extend the Lease Term upon its expiration. ■ The Lessee will have right to renew the lease for the additional term of one years and 0 months (the "Renewal Term") by giving the Lessor a Notice of Renewal not later than 2160 'months/days but no earlier than 8190 months/days, prior to the expiration of the Lease Term ("Renewal Period"). The Renewal Term shall commence immediately upon the expiration of the Lease Term. In the event of the renewal of this Lease, the terms and conditions of this Lease shall remain in full and effect for the duration of the Renewal Term unless otherwise agreed to in writing, by the Parties. The Rent for the Renewal term shall: (Choose one.) ❑ be equal to the Rent payable during the Lease Term. ■ shall be based on the then current market rates for comparable premises provided that the Rent upon the Renewal Term shall not increase by more than 3 % above the Rent payable in the immediately preceding year. 5. RENT. The Lessee shall pay the net amount of $ 676.50 for every month for the duration of the Lease (herein after referred to as "Rent"). The rent shall be payable every 1 st day of the month ("Due Date"), every month for the duration of the lease notwithstanding that the Due Date falls on a weekend or public holiday. Rent will be $696.80 for Year 2 & $717.70 for Year 3. 6. EXPENSES. The Parties agree that the responsibility for the expenses in relation to this Lease shall be borne as follows: a. Utilities. The Utilities including: electricity a, id "ater hn-ges, communications, telephone and data charges,ps andintemet , shall be borne and paid by (choose one) 0 the Lessor ■ the Lessee ❑ the Parties jointly. Gas & water paid by the landlord. Electric paid by tenant at $50/month, until meters are separated. Once meters are separated, tenant will be billed based on meter readings for Suite 3. 15 I b. Maintenance The Maintenance of the Premises including the following shall be borne and paid by (choose one) ■ the Lessor ❑ the Lessee ❑ the Parties jointly: (Choose all that is applicable) ® Janitorial and pest control services ■ Garbage removal ® Grease traps, drainage and pipes maintenance ® Parking maintenance E Lawn maintenance E Snow removal II■ HVAC Maintenance ® Repairs other than Minor Repairs as defined herein. c. insurance. (Choose all that is applicable) 01 Casualty Insurance. The Lessor ❑ The Lessee ❑ The Parties (jointly) shall be responsible for obtaining and maintaining casualty insurance for the Premises for losses against fire. 0 Comprehensive General Liability Insurance. The Lessee shall procure and maintain a valid Comprehensive General Liability Insurance indemnifying the Lessor with minimum coverage of $ for personal injury and $. d. Taxes. for damage to property. The Lessee shall 'bear all Taxes and fees that are payable under Laws in connection with other payments made by the Lessee, the Lessee's interests under this Lease, the Lessee's improvements and property at the Premises, and the Lessee's activities at the Premises. The Lessor M The Lessee 0 The Parties (jointly) shall bear all Taxes and fees that are payable under Laws in connection with the Rent. The Lessor ® The Lessee El The Parties (jointly) shall pay all Taxes and fees payable in connection with this Agreement under Laws to the extent that such Taxes and fees are payable under the applicable Laws by owners of buildings that are of a similar nature to the Premises, or by sub -lessors of land use rights (for example, real property, real estate and/or personal property taxes). 7. COMMON AREAS. The Lessor shallat all times have exclusive management and control of the Common ,Areas for any purpose or in any manner that it deems necessary or appropriate. The Lessor reserves the right to remove, relocate or otherwise change or carry out any alteration or addition or other works to the Common Areas. The Lessor shall not be liable to Lessee for any damage incidental to the exercise of its rights under this section, provided' that such damage is not accompanied by any fault, negligence or 16 bad faith on the part of the Lessor or his agents. The Lessee shall abide by the Lessor's rules and management of the Common Areas. "Common Areas" refers to those portions of the structure in which the Premises and located and' areas surrounding the Premises including the driveways, entrances and exits, pedestrian passageways, walkways, loading docks, landscaped and streetscaped areas, any on-site parking areas, facilities (such as escalators, and lifts), installations (such as doors, windows, electrical installations and wiring), water and drainage pipes, gas pipes, fire systems, security and air-conditioning facilities, and all other areas or improvements which may be provided by Lessor from time to time for the general use of tenants of the structure in which the Premises and located and areas surrounding the Premises and their respective employees, guests, patrons, suppliers, Licensees and other invitees. 8. SECURITY DEPOSIT. Lessee shall deposit with Lessor the amount of $ 676.50 to secure the faithful performance of the terms and conditions of this Lease (the "Security Deposit") on or before the execution of this Lease. The Security Deposit shall be held by Lessor: (Choose one that applies) ■ free of interest throughout the Lease Term. / ❑ in escrow in an interest-bearing account with interest accruing to the Lessee and to be delivered to the Lessee upon the return of the Security Deposit. The security deposit shall be refunded if the tenant is unable to secure the appropriate zoning approval with the Village of It Prospect Except in the event that the same has been forfeited by the Lessee, the Security Deposit shall be returned to the Lessee within 14 days after the termination of the Lease. 9. ALTERATIONS AND IMPROVEMENTS. No alterations to or improvements on the Premises shall be made by the Lessee without prior express consent of the Lessor to the same in writing. The Lessor agrees to not unreasonably withhold consent to reasonably necessary alterations or improvements. The Lessee shall ensure compliance with any and all applicable laws, rules, ordinances and codes when undertaking any alteration or improvement to the Premises. A. Unauthorized Alterations or Improvements. In the event that the Lessee shall undertake alterations or improvements relating to the Premises in violation of this section the same shall be considered a material breach of this Lease and shall put the Lessee in default. The Lessor may, upon the Lessor's discretiion, require the Lessee to undo the alterations or improvements and restore the Premises to the its condition prior to any unauthorized alteration or improvement at the sole expense of the Lessee. B. Ownership of Alterations and Improvements. In all cases of alterations, improvements, changes, accessories and the like that cannot be removed from the Premises without destroying or otherwise deteriorating the Premises or any surface thereof shall, upon creation, become the Lessor's property without need for any further transfer, delivery or assignment thereof. Landlord to close off the window & door to Suite 4 and get it to "paint -ready' condition. Tenant to do the remainder of the work at her expense. This includes moving one interior wall to create a larger back room. Space would be borrowed from the middle room, creating a large storage closet between the front & back rooms. Tenant's business name to be included on the front entry directory. 17 It 10. COMPLIANCE WITH LAW. The 'Lessee undertakes to comply with and abide by, at its sole expense, any and all Federal or Illinois state laws, municipal or county ordinances, rules, regulations, codes and all other issuances from authorized government authorities respecting the Premises and the Lessee's occupation and use thereof, including but not limited to obtaining all pertinent licenses and permits and maintaining copies thereof in the Premises. 11. OBLIGATIONS OF THE LESSEE: A. The Lessee shall keep the premises in a clean, sanitary, neat and presentable condition. B. The Lessee shall be responsible for the repairs, outside of ordinary wear and tear, of any part of the Premises that do not affect the structural parts of the building or structure in which it is located or those that are generally considered as minor repair ("Minor Repairs") including but not limited to replacing light bulbs, cleaning or repairs of windows, doors, toilets and similar appurtenances. C. The Lessee shall, at its sole expense restore, repair and/or rectify any damage, outside of ordinary wear and tear, to the Premises caused by the Lessee or others that the lessee permits into the Premises that are not covered or compensable by any insurance. 12. ASSIGNMENT. The Lessee acknowledges that this Lease is not transferrable and that the Lessee may not assign the Lease, any part of the Lease or any of the rights or obligations herein without the prior express and written consent of the Lessor. The Lessee shall not sublet, sublease or otherwise grant any other party any license or right in relation to the Premises or this Lease without such consent. Any license, assignment, sublease or agreement in violation of this clause shall be null and void with no legal force whatsoever. 24 hours" 13. RIGHT OF ENTRY. The Lessor shall, upon giving dvV91 notice, be granted by the Lessee access and allowed by the latter to enter the Premises to make necessary inspections, repairs or alterations on the property, or pursuant to any lawful purpose as the Lessor, provided that the time of entry requested is reasonable considering the purpose. In case of emergency, Lessor will notify Lessee prior to entering the unit, however less than 24 hours' notice may be given. 14. DAMAGE TO LEASED PREMISES. If the event that the Premises and/or the structure or building in which it is located is damaged or destroyed by fire or other casualty without the fault or negligence of the Lessee or his agents, the Lessor shall, at its own expense, repair the damaged portion, the Premises, structure and/or building to restore the same to substantially the condition in which it was handed over to Lessee. The Rent shall be abated until such repairs are completed. in the event such repair cannot be accomplished or of total destruction the Lease shall cease and terminate with no early termination or other liability accruing to either of the Parties. 18 15. DEFAULT AND POSSESSION. If tient is not paid within 5 days of the Due Date, the Rent shall be considered past due and a late fee of f91 $ 501day or 0 N/A `X of the Rent past due shall be applied for every IN day Rent is late or El occurrence Rent is late. In the event that the Lessee fails to pay Rent on the Due date or is in default of any of the terms of this Lease, the Lessor shall promptly provide the Lessee with a notice of such default, informing the Lessee that failure to rectify the same within 14 days will terminate the Lease and allow the Lessor to recover the premises at the end of such period. Should the Lessee fail to rectify the same within 5 days after receiving such Notice of Default, the Lessor may terminate this Lease and recover the Premises from the Lessee. In such an event, the Lessor may hold the Lessee's possessions found in the Premises as security until sums owed by the Lessee has been paid. 16. SURRENDER OF PREMISES. On or before 11:59 P.M. on the last day of the Lease Term, the Lessee shall deliver up vacant possession of the Premises to Lessor more or less in the condition it was delivered to the Lessee, save ordinary wear and tear, and the Parties shall carry out the inspection of the Premises and shall sign a handover form jointly prepared and signed by Parties to confirm the condition and handover of the Premises. The Lessee shall also return all Keys and other devices giving access to any part of the Premises and the building or structure in which it is located. Without prejudice to the foregoing, the Lessee shall at its expense, at the request of Lessor, immediately make good any deficiencies identified during the handover inspection and remove from the Premises any alterations, fixtures or property of Lessee that Lessor requests to be removed, provided that the same were not existing in the Premises delivered by the Lessor or do not consist of alterations or improvements consented to by the Lessor as provided in Section 9 hereof. Failure of the Lessee to return the Premises to Lessor in accordance with the above, shall entitle the Lessor to enter the Premises and carry out appropriate repair to the Premises and removal of any property of Lessee and any cost so incurred shall be borne by Lessee. All property left in the Premises by Lessee shall be deemed to have been abandoned by Lessee and Lessor shall be entitled to dispose of the same as Lessor deems appropriate. 17. INDEMNIFICATION. The Lessor shall not be liable for any injury to the Lessee or any other persons or property entering the Premises occurring within the Premises during the Lease Term. Neither shall the Lessor be liable for any damage to the structure within which the Premises is located or any part thereof. The Lessor hereby agrees to hold the Lessor harmless from and indemnify the Lessor for any and all claims or damage not arising solely from the Lessor's acts, omission, fault or negligence. 18. GOVERNING LAIN. This Lease shall be governed by and its terms and conditions be interpreted according to the laws of the State of Illinois. Is 19 io 19. NOTICE. All notices in relation to this Lease shall be delivered to the following addresses To the Lessee at the address: Ashley Knapstein 4529 Opal Dr Hoffman Estates IL 601'92 and To Lessor at the address: Dr Michael Shen DDS 325 W Prospect Ave, Suite 1 Mt Prospect„ IL 60056 20. SEVERABILITY. Should any provision of this Lease be found, for whatever reason, invalid or unenforceable, such nullity or unenforceability shall be limited to those provisions. All other provisions herein not affected by such nullity or dependent on such invalid or unenforceable provisions shall remain valid and binding and shall be enforceable to the fullextent allowed by law. 21. BINDING EFFECT. The terms, obligations, conditions and covenants of this Lease shall be binding on Lessee, the Lessor, their heirs, legal representatives and successors in interest and shall inure to the benefit of the same. 22. ENTIRE AGREEMENT. This Lease and, if any, attached documents are the complete agreement between the Lessor and the Lessee concerning the Premises. There are no oral agreements, understandings, promises, or representations between the Lessor and the Lessee affecting this Lease. All prior negotiations and understandings, if any, between the Parties hereto with respect to the Premises shall be of no force or effect and shall not be used to interpret this Lease. No modification or alteration to the terms or conditions of this Lease shall' be binding unless expressly agreed to by the Lessor and the Lessee in a written instrument signed by both Parties. IN WITNESS WHEREOF, the parries hereto set their hands and seal this day of ,20 Lessee's Signature Printed Name Lessors Signature Printed Name all e'� k4Aa Scute e Standards for conditional use item #S #1. That the establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; — I uphold the highest standards of professionalism and intend to provide therapeutic massage services to help provide pain management and headache relief. #2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; — I believe my therapeutic massage services will help enhance the environment by providing complimentary services to the surrounding wellness businesses in the area. #3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; — Ashley Knapstein Massage Therapy L.L.C. will be within an established office building that will not interfere with other community developments. #4. That adequate public utilities, access roads, drainage andfor necessary facilities have been or will be provided; 325 W. Prospect Ave has 10 parking spaces along with plenty of street parking in front of the building. There is a shared bathroom directly across the hall from my office that is regularly maintained by building management. In addition, there is a working sink within my office that is available for client use. ##5. That adequate measures have been or will be provided to provide ingress and egress so designed as to minimize traffic congestion in the public streets; — Ashley Knapstein Massage Therapy L.L.G. is an independent business owner, that will not majorfy affect any traffic flow or be a problem to the shared parking as C am only working with one client at a time. #S. That the proposed conditional use Is not contrary to the objectives of the current Comprehensive Plan for the village; — I believe that I am an asset to the Village of Mount Prospect and will run a professional and ethical practice serving the community. 21 A,sh 4 4 ,aye -rhc,,Ww W. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. My therapeutic massage business is within the appropriate zoning of B-5 and will conform to the rules and regulations of the Village of Mount Prospect, 22 2. Legal Description for 325 W. Prospect Ave, Mount Prospect, IL Lot 31, Lot 32 and Lot 33 in H. Roy Berry Co's Colonial Manor, being a Subdivision of part of the Northeast % of Section 11 and part of the Northwest of Section 12, all in Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. 23 E 1 1 t 1 E 1 1 T 1 I1 1 1 1 I 1 I LA111U i ! 1 LC N!)UHVL Y Lor aa, Eor as aaIE1 EOT as TAT AE Aqr IrEtIM1f ED 5 CalCNraE wA eE1n� 'S�AfwF1E M� SHEY1 Elf rnErir Elf rod owes ig, !/' Elf SECT+Ern E1 ako ralEr EEr rAE aysrmwsr ww 114 ID1 SECTION ! 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No owoo P7671 MId.1EL $EN IND EWM SLEN MIS IS 10 CE117- TwAI 1415 'UP Oa k%T IC T -E SAME' ON .+,N ll 1S .AX oN ACC;1IdIV.f A,1- -0 VInLN S'ANC.M DE14+1 tM tE<% S -«M ILII I"A LIN' ?JtE SLAM&' .0AIL'r ESTL7..ILEO I1e) A.000110 11 ILIA, ICSM bio NSAS' IN 1991 INr 14MITE4 MENS 1 rl M 4 13, A"'G IIF CF IASLE A I-EgDr @"9tS xv 13 lot ACCL.ICI 41ACL�S AS AXWD S1 M.11 vs. oc IDSa TNO IV Ersgi CV I -C CITE 6 I.rs C£7t ciGI Cat LMf64S'M F.0,41 aM"NI C-11 T -E rs'llmn Lkull'I'VTIES NE'W% FACT 14 '4 CIE$ vEeSLM1E%'S Net CN 14 SA40 '.",f NMOL MEO INE L40aA LE TCV10T4 IO.ERANCE CAN OF 9zJA'ITT OClw l WE OATS ISM OCIM SL TOOT REVISED LEEK 14fwm EL wwv IF WID ISE IT Pj am 24 FLOOR PLANS 325 W. PROSPECT AVE. #3 MOUNT PROSPECT Ashley Knapstein Massage Therapy L.L.C. Currently, this 369 sq. ft office has 3 spaces; a front/reception area, a middle open area, and a back treatment area. The front space is approximately 12' x 12'. The middle space is approximately 10' x 12'. There is a 3' 6" mini "wall" that slightly sticks out on the right wall that once was a doorway leading to the neighboring office that has since been closed off. There are also 2 water supply hook ups that are unattached on the right wall in between the mini wall and the front room space. The back treatment space is approximately 8' 6" x 12'. It has 2 entry doors leading to/from the middle space. It has a small working pedestal sink in the back -right corner of the room. There is also a 36" x 36" window on the back wall. Proposed plans: There will not be any exterior renovations. There will not be any exterior sign alterations. The front room will remain the same. • I want to remove the wall that separates the middle and the back rooms. • Extend that mini wall in the middle room into a full wall (excluding space for a door way), to create a larger back treatment room. This would leave an approximate 5' x 12' space that I will use as a storage room for supplies and personal belongings. • In this storage room will be the original water supply hook ups that I would like to attach a small portable sink for use to clean tools, cups, etc. So ultimately, there would be a front/reception space, a small storage space with a portable utility sink in the middle, and a treatment room in the back space with a pedestal sink and windows. These rooms will be approximately 12'x 12' (front), 5' 12' (middle), and 12' 6" x 12' (back). This renovation will improve the efficiency working space and my business. 27 N ✓�y i f a IV' a i t 1 qqq III I r� f, .a� t r wall r N � W w 'h f r of 1 b M I Id w (°�'✓� a ..umuuw.wnmmmm�ww:..emmww..,...umoo .wnmx.wmw n...m.w....mm..-uwu u�.ww..nweuu.................... . oawa ureoewfGewa.i —._ _. ,. x X28I k V X25 W Prospect Ave, Mt Prospect IL Lot Square Footage (per assessor website): 9,490 total lot square footage Building Square Footage (per survey): 4,477.78 square feet Main Flour. Suites 1 and 2 (Occupied by Shen Dental Care/building owner): 2,046,95 square feet Sufte'3: 369 square feet(currently unoccupiad� Suite 4: 469 squarefeet (currently unoccupied) Suite, 5: 468 square feet (currently unoccupied) Sulte'6'(occupied by'Marianne'DePaul):375 sqcare feet Main Floor Hallway: 365.95 square feet Suit( Suit( 'Suffi The tent 3ement includes, three suites (as listed below)„ unfinished storage space,, hallways and meal rooms. 310 square feet (currently unoccupied 227 square feet (currently unoccupied) 0:324 square feet (currently unoccupied) sement suites make up 861 square feet. The remainder of the basement square footage .s of unfinished storage space, hallways and mechanical rooms. 29 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -12-22 Hearing Date: May 12, 2022 PROPERTY ADDRESS: 325 West Prospect Avenue, Suite 3 PETITIONER: Ashley Knapstein Massage Therapy LLC PUBLICATION DATE: April 27, 2022 REQUEST: Conditional Use for Massage Therapy Establishment MEMBERS PRESENT: William Beattie Joseph Donnelly Donald Olsen Walter Szymczak Ewa Weir MEMBERS ABSENT: Thomas Fitzgerald Norbert Mizwicki STAFF MEMBERS PRESENT: William Cooney — Director of Community Development Connor Harmon —Senior Development Planner Antonia Lalagos — Development Planner INTERESTED PARTIES: Ashley Knapstein Chairman Donnelly called the meeting to order at 7:00 PM. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on March 24, 2022. The minutes were approved 5-0. Mr. Cooney asked that case PZ -10-22: 320 South School Street be continued to the June 9t" Planning and Zoning Commission Meeting due to an error at the newspaper resulting in the public notice not being published for the case. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve continuation of the case to June 9, 2022. After hearing one item of new business, Chairman Donnelly introduced case PZ -12-22: 325 West Prospect Avenue, Suite 3, a request for a conditional use permit to operate a massage therapy establishment at the subject property. The Village Board's decision is final for this case. Ms. Lalagos described the existing conditions of the subject property. She reported that the subject property is a multi -tenant office building with a mixture of professional and medical office uses, and roughly half of the building is occupied by the property owner's dentistry practice. Ms. Lalagos stated that the proposal does not involve new construction or major rehabilitation, or a change in use which warrants additional parking, therefore no additional off-street parking is required. She relayed the petitioner's business plan to operate a 369 -square -foot massage therapy establishment offering Planning & Zoning Commission Meeting — May 12, 2022 PZ -12-22 30 therapeutic massage services for chronic pain and headache management. Ms. Lalagos stated that the petitioner is preparing plans for building permit submission for interior renovations including moving a wall and installing a sink, and that no exterior renovations or sign alterations will occur. She noted that the petitioner submitted a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39, and the Police Department confirmed that the petitioner has met all ordinance standards. Ms. Lalagos reported that staff found that the proposal meets the conditional use standards and recommends approval of the following motion: "A conditional use permit to operate a massage therapy establishment at 325 West Prospect Avenue Suite 3, subject to the following conditions: a) Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." Ms. Lalagos stated that the Village Board's decision is final for this case. Chairman Donnelly swore in the petitioner, Ashley Knapstein of 4529 Opal Drive in Hoffman Estates. Ms. Knapstein stated that she wished to relocate her small business from Arlington Heights to Mount Prospect and that the space she found is perfect. The petitioner noted that she is a sole practitioner so she wanted to keep the space small but functional. Ms. Knapstein stated she is planning to move a wall in order to create a storage space in the suite. She explained that she does therapeutic massage, headache management, and treats TMJ, and her goal is to help people attain a better quality of life and hopefully prevent or delay surgery or prevent having to take pain medication. Chairman Donnelly asked how long the petitioner has been in Arlington Heights. Ms. Knapstein replied that she has been in Arlington Heights for five and a half years. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Weir to approve the following motion: "A conditional use permit to operate a massage therapy establishment at 325 West Prospect Avenue Suite 3, subject to the following conditions: a) Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." UPON ROLL CALL AYES: Olsen, Beattie, Szymczak, Weir, Donnelly NAYS: None The motion was approved by a vote of 5-0, with a positive recommendation to the Village Board for the scheduled meeting on June 7, 2022. After hearing one additional item of new business, Commissioner Beattie made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 8:35 PM. Planning & Zoning Commission Meeting — May 12, 2022 PZ -12-22 31 Antonia Lalagos Development Planner Planning & Zoning Commission Meeting — May 12, 2022 PZ -12-22 32 May 29, 2022 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 or Via fax: 847-818-5329 or Via Email: bcooney@mountprospect.org Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of my request to operate a therapeutic massage business by a 5-0 vote. My request is scheduled to go before the Village Board for the ordinance's first reading on June 7th, 2022. am requesting that the Village Board waive the second reading, tentatively scheduled for June 21, 2022, and to take final action at the June 7, 2022 meeting, because I am anxious to get started with renovations and to begin operating my business as soon as possible in my new space. appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact me at (847) 754-7555. Sincerely, Ashley Knapstein 4529 Opal Dr. Hoffman Estates, IL 60192 W ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT FOR THE PROPERTY LOCATED AT 325 WEST PROSPECT PLACE AVENUE SUITE 3, MOUNT PROSPECT, ILLINOIS WHEREAS, Ashley Knapstein Massage Therapy LLC (Petitioner) has filed a petition for a conditional use to operate a massage therapy establishment for property located at 325 West Prospect Avenue, Suite 3, Mount Prospect, Illinois (Property) and legally described as: LOT 31, LOT 32 AND LOT 33 IN H. ROY BERRY CO'S COLONIAL MANOR, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 11 AND PART OF THE NORTHWEST 1/4 OF SECTION 12, ALL IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS Property Index Number 08-11-205-015-0000; and WHEREAS, the "Petitioner" seeks a conditional use to operate a three hundred and sixty- nine (369) square ft. massage therapy establishment as shown on the Petitioner's Land Survey attached as Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for Variations being the subject of PZ -12- 22 before the Planning and Zoning Commission of the Village of Mount Prospect on the 12th day of May 2022, pursuant to proper legal notice having been published in the Daily Herald on the 27th day of April, 2022; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees to deny of the request being the subject of PZ -12-22; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of conditional use to operate a massage therapy establishment would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR 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 Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use to allow a massage therapy establishment for the property located at 325 West Prospect Place Avenue Suite 3 as shown on the Petitioner's Land Title Survey dated October 9, 2005, attached as Exhibit "A" subject to the following condition: a. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in in the manner provided by law. AYES: 35 NAYS: ABSENT: PASSED and APPROVED this day 7t" of June 2022. Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos Village Clerk Page 2 of 2 PZ 12-22 325 W Prospect Ave suite 3 36