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
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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