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HomeMy WebLinkAbout6.2 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 4 (PZ-19-22)Item Cover Page Subject Motion to waive the rule requiring two readings of ordinance and adoptORDINANCE GRANTING CONDITIONALOPERATE A THERAPYMASSAGE PROPERTY 325 WEST PROSPECT Meeting August 16, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount Budget Source Category CONSENT AGENDA Type Action Item Information 2LMT, LLC ("Petitioner") proposes a 469 -square -foot massage therapy establishment at 325 W Prospect Avenue, Suite 4 ("Subject Property"), offering various therapeutic massage services, including Swedish massage, cupping therapy, bamboo massage, and deep tissue massage. The establishment would be co -owned and operated exclusively by the two owners representing 2LMT, LLC. The petitioner stated that they are licensed by the State of Illinois and have both been practicing in Mount Prospect since 2014 and 2008 respectively. The petitioner noted that the property owner intends on installing a handwashing sink in the suite. There are no other interior renovations proposed. Additionally, the petitioner indicated that no exterior renovations or sign alterations or additions would 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 1 application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage 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 August 11, 2022 Planning and Zoning Meeting, the Commission recommended approval of the request by a vote of 7-0. There were no public comments. Alternatives 1. Approval of a conditional use permit to operate a massage therapy establishment at 325 West Prospect Avenue, Suite 4, 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 4. ATTACHMENTS: PZ-19-22—Staff Report.pdf PZ -19-22 Plans.pdf PZ -19-22 Administrative Content.pdf PZ -19-22 325 W Prospect Ave Ste 4.pdf Pz-19-22 Letter Requesting to Waive 2nd Reading PZ 19-22 CU 325 west prospect ave suite 4_Choiedits (002).pdf 2 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 NlrumP4 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Emily Bettler Director of Community Development Planning Intern DATE: August 4, 2022 CASE NUMBER APPLICANT/PROPERTY OWNER PZ -19-22 2LMT LLC / Michael and Ruth Shen PUBLIC HEARING DATE PROPERTY ADDRESS/LOCATION August 11, 2022 325 W Prospect Ave Suite 4 BRIEF SUMMARY OF REQUEST The petitioner proposes 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 Subject Property R7 A. EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: 1-2 Railroad, railroad PROPERTY B-5 Central Multi -tenant Office Building East: B-5 Central Commercial, retail .22 Acre Commercial South: R -A Single -Family Residence, single family residence West: B-5 Central Commercial, retail APPROVE STAFF RECOMMENDATION APPROVE WITH CONDITIONS DENY 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. A medical spa and an existing massage therapy practice occupy the other suites in the building. The majority of suites are unoccupied. PROPOSAL The petitioner proposes a 469 -square -foot massage therapy establishment at the subject property, offering various therapeutic massage services, including Swedish massage, cupping therapy, bamboo massage, and deep tissue massage. The establishment would be co -owned and operated by the two owners representing 2LMT, LLC. The petitioner, which consists of 2 majority owners of the LLC, indicated they would also be the only two employees at the massage therapy establishment. The petitioner stated that they are licensed by the State of Illinois and have both been practicing in Mount Prospect since 2014 and 2008 respectively. The practice will be by appointment only, but will typically operate Monday -Friday between the hours of 8 a.m. - 8 p.m., and expects to see 2-3 clients per day. The petitioner has indicated the property owner intends on installing a handwashing sink in the suite. There are no other interior renovations proposed. Additionally, the petitioner indicated that no exterior renovations or sign alterations or additions would 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 they will uphold the highest standards of professionalism and intend to provide therapeutic massage services for pain management. The petitioner contends that their therapeutic 4 massage services will complement the existing wellness services in the surrounding area. The petitioner states that the business will be a quiet practice in an established office building and therefore will not interfere with the community. 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 maintained by building management along with a handwashing sink inside the suite. The petitioner maintains that their business will not create traffic congestion or parking issues due to its by -appointment - only nature. Finally, the petitioner states that they will be beneficial to the welfare Mount Prospect residents and will maintain an honest and ethical massage therapy 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 any proposed renovations. The Police Department confirmed that the petitioner has met all ordinance standards to operate a massage establishment. 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 4 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 PLANS OTHER (Supplemental Information, (Zoning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Public Comments Received, Standards, etc...) etc...) Iconcur: William J. Cooney, AICP Director of Community Development 5 I I I DocuSiqn Envelope ID: ED72BE-065B-45CA-A388-890CF7304AD4 T�' SU VEY LEGS I -r$ or 8111DIKS .AUEYE "USTARLP P,• "ED SDwrm 1� PIRE Sit UN. PIPE • P"Cer s.. W. —, TIRE .— of ca;s ,, ,, ANAP It 1-1 111,11 of�l OA RECIU64 TIEING A S2,861"v's"Ook, E3,02 SHE AT gTHEASTj tt AST PART F THE NORrHXI 114Y SECTION rOHNSHip 0" FNEOTIT00 PAtNCU`AL HER DrAN 12� ALL IN IN COOK COUNTY, IL0NO Z/ - a A $P Yk LLAND DIVISIONS, Inc. y PDQ ml , ,1,-VkH HAS WoRNI 0 CUED 0"'Ilk 19 Ia—a-mooml 0I M0. 0660 1 SCALE P- 20' L THE LUAL "",IPTIN EASEAt 13 40 WPLDINGLIFE'S SWA* YEMEN ONE PER ITCk OUR I THEN INEViRSO of AWIMYT TITLE 04PAly FUND, INC. AND WHEN O AS � DINOUNI 00671 WITH AN IFFEMWE ATE OF SPUMAI 12, 2006. 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WENT E So SAICE &SIETURTY DC US k M REVISED LEGIL 10/9120% N IS Net OKA t Sao EWPNTW,, M. --NINE " ks No, 6 DocuSign Envelope ID: A8ED72BE-0658-45CA.A388-890CF7304AD4 325 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 Floor Suites 1 and 2 (Occupied by Shen Dental Care/building owner): 2,046.95 square feet Suite 3: 369 square feet Occupied by AK massage Therapy Suite 4: 469 square feet (currently unoccupied) Suite 5: 468 square feet (currently unoccupied) Suite 6 (occupied by Marianne DePaul): 375 square feet Main Floor Hallway: 365.95 square feet Main Floor Bathrooms: Approximately 75 total square feet Basement: Full basement includes three suites (as listed below), unfinished storage space, hallways and mechanical rooms. Suite 8: 310 square feet (currently unoccupied) Suite 9: 227 square feet (currently unoccupied) Suite 10: 324 square feet (currently unoccupied) The basement suites make up 861 square feet. The remainder of the basement square footage consists of unfinished storage space, hallways and mechanical rooms, DocuSign Envelope ID: A8ED72BE-066B-45CA-A388-890CF7304AD4 08-11-205-015-0000 325W PROSPECT AVE# MOUNT PROSPECT, IL *Elk Grove Tax Details PROPERTY CLASSIFICATION 517 SQUARE FOOTAGE (LAND) 9,490 NEIGHBORHOOD 100 TAXCODE 16140 NEXT SCHEDULED 2022 REASSESSMENT Assessed Valuation 2020 Assessor Certified values include adjustments, where applicable, for COVID-19 effects on property. 2021 Assessor Certified 2020 Board of Review Certified TOTAL ESTIMATED MARKET $404,956 $440,000 VALUE TOTAL ASSESSED VALUE $101,239 $110,000 LAND ASSESSED VALUE $35,588 $35,587 BUILDING ASSESSED VALUE $65,651 $74,413 "Property Location" is not a legal/postal mailing address. its sale purpose is to help our Office locate the property. Therefore, you should not utlizethe property location for any purpose, however, you may update the Property Location with your Legal/Postal Mailing Address should you choose to do so. Updating the address will not change the Property Location to a Legal/Postal Mailing Address, DocuSign Envelope ID: A8FD72BE-065B-45CA-A388-890CF7304AD4 Information may be available by submitting an FOIA Request Exemption Status Exemption History Characteristics DESCRIPTION Onestorystore AGE ** BUILDING SQUARE FOOTAGE ** ASSESSMENT PHASE Assessor Valuation ' Excluded from building square, footage, except apartment 2 Excluded from building square footage * "Property Location" is not a legal/postal mailing address. Its sole purpose is to help our Office locate the property. Therefore, you should not utilize the property location for any purpose, however, you may update the Property Location with your Legal/Postal Mailing Address should you choose to do so. Updating the address will not change the Property Location to a Legal/Postal Mailing Address. .. Information may be available by submitting an FOIA Request 15'3" x 7°10„ Hallway 12' x 1110" Closet 15'3" x 8' 325 W Prospect Ave, Suite 4, Mt Prospect, IL 10 DocuSign Envelope ID: A8ED72BE-065B-45CA-A388-890CF7304AD4 T777,vpnVillage of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (To be completed by Village Staff) Case Number: P - Date of Submission: Hearing Date: Project Name/Address: 1. Subject Property Address(es)! 325 W Prospect Ave, Unit 4 Zoning District (s): B5 Property Area (Sq. Ft. and/or Acreage): 469 sf Parcel Index Number(s)(PIN(s): 08-11-205-015-0000 11. zoning Request(s) (Check all that apply) Conditional Use; �For n Variation(s): To El Zoning Map Amendment: Rezone From F-1 Zoning Text Amendment; Section(s) _ To III. Summary, of Proposal (use separate sheet if necessary) Wt- h heen ficensed-massa. ............. . . 2007. We have both worked inMP2014 and 2008. The building we wish to occupy j,s_centrally ... located in downtown. We feel it would be a,good environment for our continued business. attached is our credentials. - - — ------- --- . ..... IV. Applicant (all correspondence will be sent to the applicant) Name: Vicktoria Jimenez & Sian Nolan Corporation: 2LMT LLC Address: 1 N Hamlin Ave, Apt 8 City, State, ZIP Code: Park Midge IL 500fi8 Phone: 847-997-5567 Email: - 2LMTLLCqgma(i1.com Interest in Property: Lessee (e.g- owner, buyer, developer, lessee, architect, etc...) 11 DocuSign Envelope ID: A8ED72BE-065B-45CA-A388-890CF7304AD4 Submission Requirements Checklist Submit one original (1) set of the information listed below: IMPORTANT INFORMATION FOR SUBMISSION ITEM ❑ 1. Zoning Request Application (pages 1-2) El 2. Affidavit of Ownership (page 3) ❑ 3. Proof of Ownership (e.g, warranty deed, etc... ❑ 4. Paid receipt of the most recent tax bill ❑ 5. Document indicating intent to buy or lease ❑ 6. Responses to applicable standards (pages 5-6) ❑ 7. Plat of Survey that accurately reflects current conditions 8. Plans (drawn to scale): a. Site Plan, including a zoning data box with the existing and proposed building setbacks, floor area, overall lot coverage, and parking; b. Building Elevations (existing and proposed); c. Floor Plans (existing and proposed); ❑ d. Engineering Plans; e. Landscape Plan and Tree Preservation Plan; f. Photometric Plan; g. Sign Drawings; h. Traffic Study, if required; i. List of all current tenants and vacant space If a mufti -tenant building. Include square feet of each unit; and j. Other Information, as determined necessary by the Village Staff. E] 9. Legal Description saved as a Microsoft Word file ❑ 10. USB Flash Drive or compact disc (CD) with all items listed above 11. Application Fee(s) (page 7) IMPORTANT INFORMATION FOR SUBMISSION ❑ All required items, including plans, shall be folded not to exceed 8'/" x14" in area. All required plans/drawings shall indicate the following basic information: & Name of development/project; ❑ b. Property address; c. Date of preparation and any subsequent revisions; cl. Scale, both in numerals and graphic; and e. North arrow, Please note zoning applications will not be reviewed until all of required Items have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested you schedule an appointment with the Planning Division before the application deadline so that materials can be reviewed for accuracy and completeness. 12 DocuSign Envelope ID: ABE D72BE-065B-45GA-A3M890CF7304AD4 V. Property Owner F Check if Same as Applicant Name: Address: 325 W Prospect Ave, #1 City, State, ZIP Code: Mt Prospect, IL 60056 Phone: 847.800.7529 Corporation- Shen Realty Inc EmaiL michaelshendds@gmail.com 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 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. DocuSlgned byi 7/11/2022 Applicant: Date: — ----- ----- (��-i"184CNAE Vicktoria Jimenez (Print or Type Name) If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Docuftned by: or Shen Realty Inc 7/10/2022 Property Owner: f f . . . ........... ... . Date: ... ............... . ignatim*KNaF.. Michael Shen (Print or Type Name) FRI 13 DocuSign Envelope ID: A8ED726E-06513-45CA-A3$8-890CF7304AD4 Affidavit of Ownership STATE OF ILLINOIS Michael M Shen DDS (print name) under oath, state that I am 7 the sole owner of the property 7 an owner of the property an authorized officer for the owner of the property commonly described as 325 w Prospect Ave, Mt Prospect, IL 60056 (property address and PIN) PIN 08-11-205-015-0000 and that such property is owned by do cJ 6 - c-- �-,Pz� as of this date. (print name) —1��a ure Subscribed and sworn to before me this day of &7-1 20 Notary Public - - - - - - - - - - - - NICOLE XIM Off clal Seal Notary Public - State of Illinois My Commission Expires Aug 12, 2024 9 14 DocuSign Envelope ID: A8ED72BE-065B-45CA-A388-890CF7304AD4 PREPARED BY: Garr & Schlueter, Ltd. 50 Turner Avenue Elk Grove Village, IL 60007 MAIL TAX 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 J6TENANCY 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 (S 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 3l, Lot 32 and Lot 33 in H. Roy Berry Co's Colonial Manor, being a Subdivision of part of the 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 Index Number(s): 08-11-205-015-0000 Property Address: 325 West Prospect Road, Mount Prospect, IL 60056 2960.. 4 z, 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 ofthe 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. Joint Tenancy Warrility Deed'Poge 1 012 AIG FORM 4060.R OATG(REV &02) Prepared by ATG Resource" FUR USE N ALL SIAIES 15 DocuSign Envelope ID: A8ED72BE-065B-45CA-A388.890CF7304AD4 i T errancy Warranty Deed - Continued / /jAted this --- Bay of 20 Christin Kyle, , an Ilinois 7ol Liability Company B c Y J. Christian Brix, Manager STATE OF ILLINOIS } } SS. COUNTY OF COOK } 1, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that J. Christian Brix, Manager of Christian Kyle, LLC, an Illinois Limited Liability Company, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in Person, and acknowledged that he/she/they signed, sealed and delivered the said instrument, as his/her/their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right ofhomestead, 0 200-5— Given tinder my hand and notarial seal, this _ �✓� Day of IAL SEAL"Notary Public PICLEE I7. CARR My commission expires:— • ,JTARY PUBLIC STA;rE OF ILLINOIS Exempt under the provisions ofparagraph, eJGOmmis&inn Ex iter 01/10/2008 ATG FORM 4060-R Joint Tonancy Warranty Deed'. Page 2. of 2 0 ATG (REV. 6!021 Prepared by ATG Resource„ FOR USE IN: ALL STATES 16 PAY YOUR TAXES ONLINE at cookcountytreasurer.com from your bank account or credit card 'M TAX CALCUI.AtOk IMPOkTA 2020 TOTAL TAX 33,S63.96 2021 ESTIMATE X 55% 2021TOTAL TAX 19,460.18 The First InstaHmcnt amount is 55% of last year's total taxes. All exemptions, such as homeowners and senior exemptions, will be reflected on your Second Installment tax bill, #41%, IRTY L C ION 325 W PROSPECT AVE MICI 1AH, & Rk,l i SHEN MOUNI PROSPECT IL 60056 325 W PROSPEC I RID 1`01 PROSPECA 11, 600563t-0 17 DocuSign Envelope ID: A8ED72BE-065B-45CA-A388-890CF7304AD4 ... .......... 1.4 L 1M;&;&jNW zvz-i First Installment Property Tax Bill $18,460.18 Proi)(+ttylfi(ic,xNk4iiiberSPINY Volume Cada Tax Year (Pnyableln) Township Classification 08-11-205-015-0000 049 16140 2021 2022 ELK GROVE 6.17 By 03f01/22 (an time) IF PAYING AFTER 03/02/22 - 04/01/22 04/02/22 - 05/01122 OR 05/02/22 - 06f01/22 OR 03/01/22, PLEASE PAY $18,737.08 $19,013.98 $119,290.88 I L4 ra "I rq i " I I � ►I 1 i Pension and Amount of % of Pension and Money Owed by Healthcare Amounts Pension and Healthcare Costs Your Taxing Promised by Your Healthcare Taxing Districts Your Taxing Districts District's Taxing Districts Shortage Can Pay Northwest Mosquito Abatement Wheeling $231,779 $7,760,171 $73,862 99.05% Metro Water Reclamation Dist of Chicago $3,294,323,000 $2,958,492,000 $1,219,143,000 58.79% Mt Prospect Park District $19,889,539 $32,407,456 $3,385,902 89.85% Harper Coll Comm College 512 (Palatine) $217,927,355 $73,034,940 $73,034,940 01.00% Township HS District 214 (Arlington Hts) $174,084,349 $270,533o3" -$10,941,244 104.04% Mount Prospect Public School District 57 $3,548,068 $32,578.802 $15,961,461 51011% Village of Mount Prospect $146,363,994 $335,532,496 $89,834,413 73.23% Town of Elk Grove $935,482 $6,852,872 -$469,188 106.85% Cook County Forest Preserve District $233,103,051 $540,107,634 $328A20,280 39.19% County *fCook $7,595,772,042 $26,972,931,181 $15,481,971,961 42.60% Total $11,686,168,659 $31,230,230,900 $17,200.414.987 PAY YOUR TAXES ONLINE at cookcountytreasurer.com from your bank account or credit card 'M TAX CALCUI.AtOk IMPOkTA 2020 TOTAL TAX 33,S63.96 2021 ESTIMATE X 55% 2021TOTAL TAX 19,460.18 The First InstaHmcnt amount is 55% of last year's total taxes. All exemptions, such as homeowners and senior exemptions, will be reflected on your Second Installment tax bill, #41%, IRTY L C ION 325 W PROSPECT AVE MICI 1AH, & Rk,l i SHEN MOUNI PROSPECT IL 60056 325 W PROSPEC I RID 1`01 PROSPECA 11, 600563t-0 17 DocuSign Envelope ID: A8ED72BE-065B-45CA-A388-890CF7304AD4 IVIA111M A KE]r, I VKVTANIZATION OF REALTORS LETTER OF INTENT FOR LEASE - COMMERCIAL REAL ESTATE U3 14W I EALIOW INOT INTENDED TO CONSTITUTE A BINDING LEASE] .. 325 W Prospect Ave, Suite 4, Mt Prospect, IL 60056 I INSERT PROPERTY ADDRESSI July 9 . ........ 2o.2,2 Michael Shen /Shen Realty 325 W Prospect Ave, #1 Mt Prospect. IL 60056 [LISTING BROKER/LANDU)RD] Dear Michael Shen/Shen Realty Inc_...J [1ASTING M�BROR/LANDLORD I On behalf of my client, ViCktoria Jimenez & Sian Nolan - 2LMT LLC [PROPOSED TENAN'11, t, n/a [PROPOSEWIENANT'S DLSIGNATED ADEN "I] affiliated with n/a [BROKMAGiz.] am pleased to present to you the following Letter of Intent ("L01") for the above mentioned property. The following summarizes the basic nonbinding terms and conditions upon which Proposed Tenant would be interested in entering a lease; PROPOSED TENANT LEGAL NAM E/ENTITY: 2LMT LLC LANDLORD LEGAL NAVIVENTITY [IF KNOWN]: Shen Realty Inc LEASED PREMISES: 325 W Prospect Ave suite 4 Mt Prospect Illinois 60056 [DESCRIPTION] SQUARE FOOTAGE: Approximately 469 ------------- — - --- -------- Rentable Square Feet. LEASE COMMENCEMFN rl 'DATE: September 1 2022 � -ASH STARTS] IDA 1A TENANT'S OCCUPANCY DATE: September 1 12o22 LENGTH OF LEASE TERM: 2 Years 0 Months INITIAL BASE RENT: s 22 Per Square Foot RENTAL ABATEMENT: Tenant should be entitled to 0 Months, 0 Days of Rent Abatement froni the date of Tenant's Occupancy Date, as stated above. LEASETVPE: [C11F(-W0Vr,1 COMMON AREA MAINTENANCE NCross Lease odifted Gross Lease included in the above Base Rent is a current base year of 20 far Tax and a base year ol'20 for operating 'Fe�ikiTitshotildbei-esporisiblelbrariyover,tgesabove bove base year stops. 1'riple Net Lease /II Nh,71J,ASE, COMPLETE'SECTION 13ALOVI 0 G ther REAL ESTATE TAX AND INSURANCE: Tenant should pay its portion of Common. Area Maintenance ("CAM"),Rcal EstateTaxes ("Taxes") and Insurance currently estimated at Ste___ per square fbot. Landlord should provide actual total expenses per square foot incurred by Landlord for the Property and Building in previous year. Gas/water included in monthly rent. Electric billed at UTILITIES: 'tenant should be responsible for separately metered utilities unless noted otherwise, $50/month until meters are separated. Then billed to tenant. SECURITY DEPOSIT: Tenant should provides 859.84 as a security deposit. USE: Landlord should allow Tenant to provide Message therapy services or sellnLa ___ products within the Premises. IMPROVEMENTS TO THE PREMISES: Landlord should be responsible for work described below to be completed in the leased space: install sink in room with ceramic– _rflel— Fixdditional Pages Attached (Page I qf'3) Rev. 2020 0,V1AIVS'1'1?1,,Ef'ORGANIZATION 0FREA1,TORS" 18 DocuSign Envelope ID: ABE D728 E-065B-45CA-A388-890CF7304AD4 SIGNAGE: Tenant, at Tenant's expense, should be allowed to install'building standard signage in locations as follows: N,AKE N(,)TF:Ik'INTI,;RIORs1(;NA(;E wxu) 's cosTj Tenant's business name to be included on the ontentry d. mcl;Qry. __­ ------------ - - ................................. RENEWAL OPTIONS: es, for a period of 2 years, with 60 days prior written notice NYone PARKING: Landlord should provide sufficient non-exclusive parking for Tenant's use subject to local parking ordinance. RIGHTS TO ASSIGN SUBLEASE: Tenant should have the option to assign or sublease the Premises based on agreed upon conditions between Tenant and Landlord, ACCESS: Tenant should have access to the Building and Premises 365 days per year, or as otherwise provided in the lease. ADA: Landlord, on information and belief, Should represent full compliance with the Americans with Disabilities Act of 1992, as amended from time to time ("ADA"). HEALTH AND SAFETY CODE: Landlord should represent lull compliance with any state, county, or municipal building health and safety codes. BROKER'S COMMISSION: Listing Broker or Landlord should agree to pay Proposed Tenant's Broker a commission per a separate written commission agreement. PROPERTY TO REMAIN ON THE MARKET: This LOI shall not act to prevent the Landlord from continuing to market, sell, or lease the Real Estate. DISCLAIMER: The suggested terms and conditions herein are intended to serve as a proposed basis for the preparation of a lease agreement. It is expressly understood that the terms and conditions are not all inclusive but merely an outline of some of the basic business terms to be incorporated into a first draft of contract. It is further expressed that neither Proposed Tenant nor Landlord will be under a legally binding obligation to the other until a lease agreement, acceptable to both parties, has been prepared, negotiated, and executed. Sincerely, Vicktorla Jimenez/Sian Nolan 2LMT LLC [PM)osIii) TENANVS IIROK131t/PldOl'OSEL)'rLNAN'I'I THIS 1,01 IS SUBMITTED SOI.,ELY AS AN INDUCEMENT TO NEGOTIATE IN GOOD FAITH, NOTHING CONTAINED HEREIN SHALL HE CONSTRUED AS CONSTITUTING A BINDING CONTRACT. AS WITH ANY LEGAL DOCUMENT, THE PARTIES ARE URGED TO SEEK LEGAL COUNSEL. FOR INFORMA TION ONL Y Vicktoria Jimenez & Sian Nolan - 2LMT LLC Proposed Tenant [TYPLYPRINT NAME] President Proposed Tonant'title 2LMTLLCC@cimaii.com E-mail Address Proposed Tenarit's Broker n/a Brokerage Name— n/a amen/a n/a Address Cry state Zip n/a '— '_ n/a Proposed Tenant's i'r'o­k­e­r"s Phone& -mail Proposed Tenant's Attorney Address City State Zip Proposed Tenant's Attorney's Phone/E-mad Shen Realty Inc Landlord l,T1PU1PR1N"rNAMEj Landlord Title michaelshendds@qmail.com E-mail Address Rachael A Real Landlord's Broker Rachael A Real Brokerage Name 576 S Charlotte St Lombard, IL 60148 Address Oty State Zip 630.542.8688 rreal@dealwithreal.com Landlord's Broker's Phonc/E-mail Landlord's Attorney Address city State Zip Landlord's Attorney',, Plione/E-rnai I (Page2of2) Rev. 20200AIAINSTRI.FTOR(I.4NIZ,ITION (3FRLALT()RS''' 19 2LMT LLC — Responses to Applicable Standards Conditional Use - 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; We have been in business for 30 years and working in Mount Prospect for over 20 combined years. We have not been detrimental or endangered the community yin any way. In contrast, it has and will continue to be, beneficial to the public health, comfort and general welfare of Mount Prospect. As therapists, we are dedicated to facilitating the ease of pain and dysfunction that people experience in their day-to- day lives. Because of extensive and ongoing education in the study of massage therapy we proceed in the safest, most comfortable manner possible. So that each client is not misled in the understanding of what massage can do for them, the client must initial the client intake form where it specifically states: "I understand that although massage therapy can be very therapeutic, relaxing and reduce muscular tension, it is not a substitute for medical examination, diagnosis and treatment. " They must also initial the statement: "Being that massage should not be done under certain medical conditions I affirm that I have answered all questions pertaining to my medical condition truthfully." In regards to morals, the client must initial where the intake form specifically states: "This is a therapeutic massage and any sexual remarks or advances will terminate the session and I will be liable for payment of the scheduled treatment." While alone in the room, the client will disrobe to their own comfort /eve/ and get onto the massage table and cover themselves with a sheet that is provided. The therapist will knock on the door for permission to enter the room after the client is covered. During the massage the client will remain covered by the sheet except for the body part that is immediately being treated. Breast tissue, gluteal cleft or genitalia are never exposed or touched. W hen the session is completed the therapist will leave the room to allow the client to dress in private. Windows and doors will be covered and secured for client privacy. 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; 2LMT LLC will not be noticed unless looked for by others in the immediate vicinity, and if noticed it will not be remarkable. Page 1 of 2 20 2LMT LLG — Responses to Applicable Standards 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; 2LMT LLC is a quiet business that will be completely contained within it's own office and will not affect the surrounding property in anyway 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; Adequate measures have been taken by the property owner. 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; Adequate measures have been taken by the property owner. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; and 2LMT LLC fits the criteria for this location. 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. The address under consideration already houses a business that provides massage therapy services. I can say yes, 2LMT LLC does conform to applicable regulations. 21 DocuSign Envelope ID: A8ED72BE-066B-45GA-A388-800CF7304AD4 Legal Description for 325 W Prospect Ave, Mt 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 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. 22 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -19-22 Hearing Date: August 11, 2022 PROPERTY ADDRESS: 325 West Prospect Avenue, Suite 4 PETITIONER: 2LMT LLC PUBLICATION DATE: July 27, 2022 REQUEST: Conditional Use for Massage Therapy Establishment MEMBERS PRESENT: William Beattie Joseph Donnelly Donald Olsen Walter Szymczak Ewa Weir Thomas Fitzgerald Greg Miller MEMBERS ABSENT: Norbert Mizwicki STAFF MEMBERS PRESENT: Ann Choi — Development Planner Connor Harmon — Senior Development Planner Emily Bettler— Planning Intern INTERESTED PARTIES: Vicktoria Jimenez and Sian Nolan Chairman Donnelly called the meeting to order at 7:03 PM. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on July 14, 2022. The minutes were approved 5-0. Chairman Donnelly introduced case PZ -19-22: 325 West Prospect Avenue, Suite 4, 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. Bettler 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. She noted that roughly half of the building is occupied by the property owner's dentistry practice, while the other half includes a Medical Spa and an additional massage therapy practice. Ms. Bettler stated that the proposal does not involve new construction, 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 469 -square -foot massage therapy establishment offering therapeutic massage services for pain management. Ms. Bettler explained the types of massage services that will be offered as well as the typical hours of operation for the practice. Ms. Bettler stated that the property 23 owner has indicated they will install a handwashing sink in the suite, 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. Bettler 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 4, subject to the following conditions: a) Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." Ms. Bettler stated that the Village Board's decision is final for this case. She then opened the floor for questions. Commissioner Weir asked if the Conditional Use must be reapproved upon each renewal of the lease Mr. Harmon clarified that the Conditional Use for this property would only expire if the property went through a change of ownership or the petitioners moved to a new location. Commissioner Weir asked if the stated hours of operation stated are tied to the Conditional Use. Mr. Harmon explained that in order for the hours of operation to be tied to the Conditional Use, it would be required to be stated as a condition of approval. Chairman Donnelly swore in the petitioners, Sian Nolan, 2019 Post Oak Place, Schaumburg IL and Vicktoria Jimenez, 1 N Hamlin Ave Apt 8, Park Ridge, IL. Ms. Nolan stated that she had been practicing in Mount Prospect for many years with "Stay Fit Physical Therapy," but had the opportunity to go into business with Ms. Jimenez when this practice closed. She explained that she had known Ms. Jimenez for five years in a professional capacity before going into business with her. Chairman Donnelly asked the petitioners if they had any issues with meeting the Village of Mount Prospect's code requirements. Ms. Nolan noted that she did not have any issues with meeting Village code, but wanted clarification on any limitations to number of clients per day. Chairman Donnelly clarified that there are currently no additional conditions on hours of operation or number of clients seen per week, outside of the standard Code requirements. Ms. Jimenez explained that she enjoyed working in Mount Prospect for many years, and was excited for the opportunity to continue practicing in the Village. Chairman Donnelly asked if any members of the public were there to comment on the case 24 Chairman Donnelly swore in Willard De Filipps of 517 S Carrol Lane, Mount Prospect, IL Mr. De Filipps asked for clarification on the number of parking spaces on the property. Ms. Bettler explained that there are ten parking spaces on the property as well as street parking. Mr. De Filipps stated that he found that number to be incorrect. He explained that he often passed the subject property and notes that somedays the parking lot behind the building appears to be filled to the adjacent building. Mr. Harmon stated that any parking requirement is waived for this property due to its size. Commissioner Weir clarified the number parking spaces shown on the plat of survey, Mr. De Filipps stated that the parking was not a concern for him and he was mainly attempting to ensure all information presented was correct. 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, Fitzgerald, Miller NAYS: None The motion was approved by a vote of 7-0, with a positive recommendation to the Village Board for the scheduled meeting on August 16, 2022. After hearing two additional items of new business, and seeing no citizens to be heard for non -agenda items, Commissioner Beattie made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 8:08PM. Emily Bettler Planning Intern 25 August 11, 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, Our request is scheduled to go before Village Board for the ordinance's first reading August 16. We are requesting that the Village Board waive the second reading, tentatively scheduled for September 6th and take final action at the August 16th meeting because we are anxious to start operating our business once the lease starts on September 1St. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847-997-5567. Sincerely, s%a4w N01a•w w�artalJ Sian Nolan 2LMT LLC 1 N Hamlin Ave Apt 8 Park Ridge IL 60068 Vicktoria Jimenez 26 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 4, MOUNT PROSPECT, ILLINOIS WHEREAS, 2LMT 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 4, 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 four hundred and sixty-nine (469) square ft. massage therapy establishment; and WHEREAS, a Public Hearing was held on the request a Conditional Use being the subject of PZ - 19 -22 before the Planning and Zoning Commission of the Village of Mount Prospect on the 11th day of August 11, 2022, pursuant to proper legal notice having been published in the Daily Herald on the 27th day of July, 2022; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees to approve the request being the subject of PZ -19-22; 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 4 as shown on the Petitioner's Land Title Survey dated October 9, 2005, attached as Exhibit "A" subject to the following conditions: 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: 27 NAYS: ABSENT: PASSED and APPROVED this day 16th of August 2022. Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos Village Clerk Page 2 of 2 PZ 19-22 325 W Prospect Ave suite 4 28