HomeMy WebLinkAbout1st reading of AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A TOBACCO LOUNGE FOR PROPERTY LOCATED AT 506 EAST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS (PZ-23-22)Mr�GauC �'d'+rt;�iect
Item Cover Page
readingSubject Ist of AN ORDINANCE GRANTING A
CONDITIONAL USE TO OPERATE A TOBACCO
LOUNGE FORPROPERTY
NORTHWEST HIGHWAY,, MOUNT.., •
ILLINOIS
Meeting December 20, 2022 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD -
Fiscal Impact false
Dollar Amount
Budget Source
Category NEW BUSINESS
Type Action Item
Information
Michael H. Wasserman, of Cigar Heaven, Inc ("Petitioner") intends to purchase the
506 E. Northwest Highway ("Subject Property") only after obtaining conditional
use approval for a tobacco lounge. The Petitioner describes the proposed business
as an upscale retail tobacco store with the emphasis on the sale of cigars, cigar
lighters, cigar cutters, cigar cases and humidors. The Petitioner states that the
proposed tobacco store would not include the sale of cigarettes, chewing tobacco,
snuff, hookah, vape CBD, cannabis, gum, alcohol, candy or lottery. Per the
Petitioner, a walk-in humidor would be the main focus of the tobacco store. The
interior of the building will be divided into a main seating area facing Northwest
Highway, a sales floor accessed from the rear parking lot, a humidor, an office,
and a storage room.
Use: Tobacco stores and tobacco lounges are not currently listed as permitted or
conditional uses in the B-5 zoning district. The ordinance amending Chapter 14 of
the Village Code, on this (December 20, 2022) Village Board Agenda, proposes to
allow tobacco stores as permitted uses and tobacco lounges as conditional uses in
the downtown districts (B-5 and B -5C).
Parking: Staff estimates that the rear parking lot can be striped to provide up to
1
thirteen (13) parking spaces on-site.
Operations: The Petitioner describes the business as an upscale, age 21 and
older, retail tobacco shop and cigar lounge. The space will be utilized for tobacco
retail sales, customer lounging, private business meetings, and game day
gatherings. The proposed hours of operation are 10:30 AM to 8:00 PM, Monday
through Friday, 10:30 AM to 6:00 PM on Saturdays, and 11:00 AM to 5:00 PM on
Sundays. The Petitioner anticipates a maximum of twenty (20) to twenty-four
(24) patrons and two (2) staff members to be in the establishment at any given
time.
The Petitioner states in their application that the business will not carry or sell
alcoholic beverages, non -tobacco products, and cannabis. Firearms will also not be
permitted on the premises. No prepared food will be served (only bottled/canned
soda products).
State Requirements: Per the Petitioner, a special ventilation system will be
installed into the HVAC system. A Rabbit Air and Medify air purification system will
also be provided in the store. In addition, all of the provisions of the State of
Illinois Smoke Free Act will need to be met. This includes distances to all
doors/windows/intakes of any neighboring properties from the exhaust of the
smoking area. During building permit submittal, the method of separation from
the sales floor from the smoking/seating room must be identified so the
employees of the sales floor are not exposed to second hand smoke.
Public Hearing: At the Planning & Zoning Commission meeting on December 8,
2022, there was discussion regarding the proximity of the subject property to the
residential property at the rear by the resident who lives directly behind the
proposed location for the cigar lounge. The resident did not believe the cigar
lounge was a good fit for the neighborhood and was concerned about smoke and
odors traveling to her property. The Petitioner asserted that the proposed filtration
system would effectively mitigate any odor cause by the business. The current
property owners of the subject property, who are the former operators of Prospect
Bikes and Trains, also provided testimony and expressed support for the
conditional use request. The Commission did not recommend approval of the
conditional use by a vote of 3-2 with a negative recommendation to the Village
Board. It was expressed by one the of the commissioners that they should remain
consistent with their previous negative recommendation for PZ -22-22 (Ch. 14 text
amendments) related to allowing tobacco and vape-related uses in the downtown
districts, and noted that the Village Board has the authority to overturn the
Commission's recommendations.
No written public comments were submitted to the Village. The Petitioner is
2
requesting to waive the required second reading of the request.
Staff Recommendation: Staff maintains that the proposed business would be a
compatible use for the Northwest Highway commercial corridor. The Petitioner
intends to operate a well designed cigar shop and lounge that staff believes would
not negatively affect the perception and image of the downtown district.
Therefore, staff remains supportive of the conditional use request.
Note that due to the negative recommendation from the Planning and Zoning
Commission, this item requires a supermajority vote to pass.
Alternatives
1. Approve a conditional use permit to operate a tobacco lounge at the subject
property, also known as 506 E. Northwest Highway, Case No. PZ -23-22,
subject to the conditions of approval listed in the attached ordinance.
2. Action at the discretion of the Village Board.
Staff Recommendation
Approval of a conditional use permit to operate a tobacco lounge at the subject
property, also known as 506 E. Northwest Highway, Case No. PZ -23-22, subject
to the following conditions:
1) Compliance with all applicable Village Code requirements, including, but not
limited to, fire code, zoning code, and building regulations.
ATTACHMENTS:
PZ -23-22 Plans.pdf
PZ -23-22 Staff Report.pdf
PZ -23-22 Request for Waiver of 2nd Reading.pdf
PZ -23-22 Minutes.pdf
PZ-23-22_Administrative_Content.pdf
PZ-23-22_CU_Cigar_Lounge_506_E_NW_HWY.pdf
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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: December 1, 2021
CASE NUMBER
PZ -23-22
PUBLIC HEARING DATE
December 8, 2022
Ann Choi
Development Planner
APPLICANT/PROPERTY OWNER
Michael H. Wasserman, Cigar Heaven, Inc. /
Bill and Betty Schmoldt
PROPERTY ADDRESS/LOCATION
506 E. Northwest Highway
BRIEF SUMMARY OF REQUEST
The Petitioner, Michael H. Wasserman of Cigar Heaven, Inc., is seeking conditional use approval to operate a
tobacco lounge at the Subject Property, located at 506 E. Northwest Highway, and zoned B-5 Central
Commercial. Tobacco shops or tobacco lounges are not currently listed as permitted or conditional uses in
the B-5 zoning district, so this request includes a separate text amendment, included as part of Zoning Case
No. PZ -22-22, to allow tobacco shops as permitted uses and tobacco lounges as conditional uses in the
downtown districts. Staff is supportive of the conditional use request for the tobacco lounge at the Subject
Property.
EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING L LAND USE SIZE OF
ZONING IMPROVEMENTS North: R -A Single Family Residence PROPERTY
B-5 Central 1 -story vacant commercial East: B-5 Central Commercial 0.275 Acres
Commercial building South: 1-2 Railroad
West: B-5 Central Commercial
H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Repo rts\PZ-23-22 506 E Northwest Highway (CU -Tobacco Lounge).docx
1
10
STAFF RECOMMENDATION
APPROVE APPROVE WITH CONDITIONS DENY
BACKGROUND/PROPERTY HISTORY
The Subject Property consists of four separate lots and is occupied by a one-story, freestanding building. The
freestanding building was constructed around 1956 and was originally occupied by a snack shop.
Subsequently, staff estimates that Prospect Bikes bought the building in the early 1980's and operated a
bike shop at the Subject Property for approximately 40 years. In 2020, the business ceased operations and
the structure has remained vacant until present day.
PROPOSAL
The Petitioner intends to purchase the Subject Property only after obtaining conditional use approval for a
tobacco lounge. Per the Petitioner's Summary of Proposal, the Petitioner describes the proposed business
as an upscale retail tobacco store with the emphasis on the sale of cigars, cigar lighters, cigar cutters, cigar
cases and humidors. The Petitioner states that the proposed tobacco store would not include the sale of
cigarettes, chewing tobacco, snuff, hookah, vape CBD, cannabis, gum, alcohol, candy or lottery. Firearms will
not be permitted on the premises. Per the Petitioner, a walk-in humidor would be the main focus of the
tobacco store. The planned hours of operation are Monday through Friday 10:30 AM to 8:00 PM, Saturday
from 10:30 AM to 8:00 PM and Sundays from 11:00 AM to 6:00 PM. The Petitioner anticipates a maximum
of twenty (20) to twenty-four (24) patrons, including two (2) employees, to be in the establishment at any
given time. The Petitioner is not proposing to use any outdoor space for sales or smoking.
Use: Tobacco stores and tobacco lounges are not currently listed as permitted or conditional uses in the B-5
zoning district. A separate case, Zoning Case No. PZ -22-22, is being considered to allow tobacco stores as
permitted uses and tobacco lounges as conditional uses in the downtown districts (B-5 and B -5C) at the
same Planning and Zoning Commission meeting on December 8, 2022. If the text amendment is
recommended for approval, the Planning and Zoning Commission can make a positive or negative
recommendation on the conditional use based on its merits. If the text amendment associated with this
case is not approved, the Planning and Zoning Commission should make a recommendation to deny this
case since the use does not comply with the current zoning code.
Site Plan: The Petitioner proposes to remodel the existing building providing interior improvements and
upgrades. The Subject Property consists of a three thousand, five hundred and fifty-five square -foot (3,555
SF) building including a parking lot at the rear (north). The interior of the building will be divided into a main
seating area facing Northwest Highway, a sales floor accessed from the rear parking lot, a humidor, an
office, and a storage room. The parking lot has two access points; one is a full access driveway on Northwest
Highway on the south side of the property and the secondary access from the alley at the rear of the
property.
Parking: In the B-5 central commercial district, for the purpose of allowing existing conditions to continue,
additional off street parking is not required at locations where limited parking or no parking is currently
provided. If using the parking ratio for office / retail and sit-down restaurants in the central area, or 4 spaces
per 1,000 square feet of floor area in excess of 2,500 square feet, the parking requirement for the proposed
use would be 4 parking spaces. The proposed parking lot striping plan indicates the business will provide 5
H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-23-22 506 E Northwest Highway (CU -Tobacco Lounge).docx
11
parking spaces, including one accessible parking space. Staff recommends that the Petitioner review
alternative parking lot designs for the rear lot to maximize the number of parking spaces on-site. Staff
estimates that the rear parking lot can be striped to provide up to thirteen (13) parking spaces on-site,
Operations: The Petitioner describes the business as an upscale, age 21 and older, retail tobacco shop and
cigar lounge. The space will be utilized for tobacco retail sales, customer lounging, private business
meetings, and game day gatherings. The proposed hours of operation are 10:30 AM to 8:00 PM, Monday
through Friday, 10:30 AM to 6:00 PM on Saturdays, and 11:00 AM to 5:00 PM on Sundays. The Petitioner
anticipates a maximum of twenty (20) to twenty-four (24) patrons and two (2) staff members to be in the
establishment at any given time.
The Petitioner states in their application that the business will not carry or sell alcoholic beverages, non -
tobacco products, and cannabis. Firearms will also not be permitted on the premises. No prepared food will
be served (only bottled/canned soda products).
State Requirements: Per the Petitioner, a special ventilation system will be installed into the HVAC system.
A Rabbit Air and Medify air purification system will also be provided in the store. In addition, all of the
provisions of the State of Illinois Smoke Free Act will need to be met. This includes distances to all
doors/windows/intakes of any neighboring properties from the exhaust of the smoking area. During
building permit submittal, the method of separation from the sales floor from the smoking/seating room
must be identified so the employees of the sales floor are not exposed to second hand smoke.
Fire Safety: The Fire Department review comments noted that a fire alarm system is required. The
Petitioner has been advised that that if the occupancy load exceeds 50 persons, then a fire sprinkler system
will be required prior to the certification occupancy.
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.
Per the Petitioner, the establishment will replace an existing retail commercial establishment which has
been closed for nearly two years, will not diminish the character of the business district, and will enhance
the area by attracting a mature, economically stable clientele. The Petitioner further states the conditional
use will not alter or impede the development of other businesses or the district generally as the Petitioner's
business will be located in an existing, mature business district. The Petitioner states that the site has
existing public utilities, access roads, drainage, and facilities which are adequate to serve the proposed
business. Finally, the Petitioner states that the Petitioner's business is comparable to other businesses
H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-23-22 506 E Northwest Highway (CU -Tobacco Lounge).docx
12
which have been approved by the Village of Mount Prospect.
If the Planning and Zoning Commission determines via Zoning Case No. PZ -22-22 that the tobacco lounge
use is an allowable conditional use in the B-5 zoning district, Staff supports the request to operate a tobacco
lounge at the Subject Property. The proposed establishment proposes an upscale environment and
thoughtful layout. The proposed use is compatible with other uses along the Northwest Highway
commercial corridor. The Petitioner would reactive a key vacancy once occupied for 40 years by a former
retail tenant at the Subject Property. Furthermore, all of the property owners within a 350 -foot radius from
the Subject Property have been notified of the request. As of this writing, staff has not received any
comments expressing opposition to the request.
Staff finds that the standards for a conditional use have been met. Based on these findings, Staff recommends
that the Planning & Zoning Commission make a motion to adopt Staff's findings as the findings of the Planning
& Zoning Commission and recommend approval of the following motion:
1. "A conditional use permit to operate a tobacco lounge at the Subject Property, also known as 506
E. Northwest Highway, Case No. PZ -23-22, subject to the following condition:
a) Compliance with all applicable Village Code requirements, including, but not limited to, fire
code, zoning code, and building regulations.
The Village Board's decision is final for this case.
ATTACHMENTS: o00— ADMINISTRATIVE CONTENT
(Zoning Request Application, Responses to
Standards, etc...) y,
I concur:
William J. Cooney, AICP
Director of Community De elopment
PLANS
(Plat of Survey, Site Plan, etc.)
H:\PLAN\Planning & Zoning COMM\P&Z 2022\Staff Reports\PZ-23-22 506 E Northwest Highway (CU -Tobacco Lounge).docx
OTHER
(SupplemerrtaN Information,
Public Comments Received,
etc...)
13
William C Cooney, AICP
Director of Community Development
Village of Mount Prospect
50 S. Emerson Street Mount Prospect, Illinois 60056
via email: ,,n..........!..!:t.p.ir.p.:.a..
and a c Ih.o i..@ .p....:.lp. ..p !L 2119,
SUBJECT: 506 EAST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS
Dear Mr. Cooney:
As you are aware, I am seeking conditional use for a Cigar Store & Cigar Lounge, at
506 East Northwest Highway Mount Prospect, Illinois. I have worked diligently
with your staff, as they have been very receptive to questions from my team and
provided suggestions regarding changes of our preliminary engineering plans and
architectural plans to meet village code standards. We are tentatively scheduled
for a Zoning and Planning commission hearing on December 8th, 2022. As it is
understood, A Village Board 1st reading would take place on December 20th, 2022,
with a second reading to be scheduled thereafter. I hereby request a waiver of the
second reading for the following reasons: an eagerness by us to begin build out,
unstable building supply prices, difficulty in securing labor, changing interest rates,
and equipment delivery. For all these reasons, we hope you would consider
waiving the 2nd reading and place this on the agenda before the Village Board on
December 20th, 2022. Should you have any questions, please feel free to contact
me.
Respectfully Submitted,
Michael H. Wasserman
312-203-6457
14
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -23-22 Hearing Date: December 8, 2022
PROPERTY ADDRESS: 506 E. Northwest Highway
PETITIONER: Michael H. Wasserman, Cigar Heaven, Inc.
PROPERTY OWNER: Bill and Betty Schmoldt
PUBLICATION DATE: November 23, 2022
REQUEST: Conditional Use for a Tobacco/Cigar Lounge
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Norbert Mizwicki
Walter Szymczak
Ewa Weir
MEMBERS ABSENT: Donald Olsen
Tom Fitzgerald
Greg Miller
STAFF MEMBERS PRESENT: Ann Choi, Development Planner
Antonia Lalagos, Development Planner
INTERESTED PARTIES: Michael H. Wasserman
Chairman Donnelly called the meeting to order at 7:01 PM. Commissioner Beattie made a motion
seconded by Commissioner Mizwicki to approve the minutes from the Planning and Zoning Commission
meeting on September 8, 2022. The minutes were approved 5-0.
After hearing three previous cases, Chairman Donnelly introduced case PZ -23-22 506 E. Northwest
Highway, a request for conditional use approval to operate a tobacco/cigar lounge. The Village Board's
decision is final for this case.
Ms. Choi introduced the case and stated that the subject property consists of four separate lots and is
occupied by a one-story, freestanding building. Ms. Choi stated that the freestanding building was
constructed around 1956 and was originally occupied by a snack shop and estimates that Prospect Bikes
bought the building and operated a bike shop at the subject property for approximately 40 years. In 2020,
the business ceased operations and the structure has remained vacant until present day.
Ms. Choi stated that the Petitioner has stated in his application that the proposed business will focus on
the sale and consumption of cigars and will not sell any cigarettes, chewing tobacco, snuff, hookah, vape,
CBD, cannabis, gum, candy or lottery. Ms. Choi stated that alcoholic beverages are not be permitted and
Planning & Zoning Commission Meeting — December 8, 2022
PZ -23-22
15
that no prepared food will be served. Ms. Choi indicated that the planned hours of operation are
Mondays -Fridays 10:30AM — 8PM, Saturdays 10:30AM — 6PM and Sundays 11AM — 6PM.
Ms. Choi further stated that the Petitioner proposes to utilize the existing building and associated
improvements with no significant exterior renovations, and that the existing building is approximately
3,555 square feet in area with a parking lot at the rear.
Ms. Choi described the interior of the building and stated that there would be a main seating area facing
Northwest Highway, a sales floor accessed from the rear parking lot, a humidor, a restroom, and storage.
Ms. Choi indicated that the Petitioner asserts that the proposed ventilation system will meet state
requirements. Ms. Choi also stated that during building permitting, the mechanical engineering drawings
will have to meet all requirements of the clean air act from the State of Illinois.
According to the Petitioner, Ms. Choi stated that the Petitioner intends to operate the business as a high-
end, age 21 and older, retail tobacco shop and cigar lounge and that the space will be utilized for tobacco
retail sales, customer lounging, private business meetings, and game day gatherings. Ms. Choi stated that
the Petitioner anticipates a maximum of 20 to 24 patrons and 2 staff members to be in the establishment
at any given time.
Ms. Choi went on to explain that in the B-5 central commercial district, for the purpose of allowing existing
conditions to continue, additional off street parking is not required at locations where limited parking or
no parking is currently provided. Ms. Choi explained that the parking requirement for the proposed use
would be 4 parking spaces using if using the parking ratio for office / retail and sit-down restaurants in the
central area.
Ms. Choi then presented a slide illustrating the proposed parking lot striping plan indicating that the
business would provide 6 parking spaces, including one accessible parking space. Ms. Choi stated that staff
recommends that alternative parking lot designs for the rear lot be reviewed to maximize the number of
parking spaces on-site due to the number of people that will be inside the establishment at any given
time. Ms. Choi estimates that the rear parking lot can be striped to provide up to 13 parking spaces on-
site.
Next, Ms. Choi presented a few renderings of the interior of the proposed business: views of the retail
sales floor, inside the humidor, and of the proposed seating area.
Ms. Choi concluded her presentation by stating that staff supports the request to operate a tobacco
lounge at the subject property, and that the standards for a conditional use have been met. Ms. Choi
stated that staff recommends approval of the following motion:
"A conditional use permit to operate a tobacco lounge at the Subject Property, also known as 506 E.
Northwest Highway, Case No. PZ -23-22, subject to the conditions listed in the staff report."
Ms. Choi stated that the Village Board's decision is final for this case.
Chairman Donnelly asked if there were any questions for staff. Vice Chairman Beattie asked if the subject
property is zoned B-5. Ms. Choi responded in the affirmative. Vice Chairman Beattie noted that there is an
existing vape shop just further east of the subject property, next to a Mexican restaurant and asked if the
Planning & Zoning Commission Meeting — December 8, 2022 PZ -23-22
16
vape shop was given a conditional use. Ms. Choi responded that the vape shop was permitted in the B-5
due to an error in the zoning code.
Hearing no other questions for staff, Chairman Donnelly swore in the Petitioner, Michael H. Wasserman,
1600 E. Thacker Street, Des Plaines, IL. Mr. Wasserman explained that he would like to operate a cigar
store, and stated that they are not a tobacco shop, a vape shop, they would not allow vape, they would
not be selling cannabis, and they would be a cigar store. Mr. Wasserman stressed that the focus would
only be cigars. Mr. Wasserman stated they will be selling cigar lighters, cigar cutters, cigar cases and
humidors. Mr. Wasserman stated they are not interested in attracting kids, but they would attract more
mature, adult clientele who are financially stable. Mr. Wasserman attested that the store would be more
upscale and would feature comfortable chairs, 65" flat screen televisions, coffee and Coca-Cola products.
Mr. Wasserman stated that what was not shown in the diagrams in a handicap ramp because handicap
people also smoke cigars.
Mr. Wasserman stated that if he were applying in Arlington Heights, they would approve as long as they
were in a freestanding building, since he tried to open a store in Arlington Heights. Mr. Wasserman
contends that Glenview and Highwood would also approve, as long as they were in a freestanding
building, did not exceed capacity, and there was proper ventilation. Mr. Wasserman stated that the
people who would come into his store are people who are indulging in their hobby and passion with other
like-minded people.
Chairman Donnelly asked the Petitioner if he operates other similar establishments. Mr. Wasserman
responded that he had a cigar store called Cigar Heaven located at the corner of Dundee and Pfingsten
Roads in Northbrook for ten years, and for reasons beyond his control, he had to let go of the business.
Mr. Wasserman stated that the business was very successful while he was there, and expressed to the
Commission that cigars are his passion and he wants to share his passion with others who enjoy cigars.
Chairman Donnelly asked the Petitioner if he could provide the prices of the cigars and the marketing of
the cigars. Mr. Wasserman stated that he did not want to exclude anyone and that he would be selling the
$2 cigars, and a selection of them, in addition to the $50 or $75 cigars, and everything in between.
Chairman Donnelly asked if there would be any outdoor seating and Mr. Wasserman responded in the
negative and stated that all smoking would occur inside of the building.
Commissioner Mizwicki asked if the Petitioner currently has any other properties that sells cigar products
and Mr. Wasserman responded that he did not own anything else. Mr. Wasserman explained that since
his Northbook store closed, he has tried on three separate occasions to purchase a cigar store, but each
time he was a dollar short and a day late, or he was dealing with landlords who failed to negotiate in good
faith, or he was looking at properties that needed much more work than what was advertised. Mr.
Wasserman stated that the property owner for the subject property, who was in the audience, has been
very accommodating, and that working with Village staff has been great. Mr. Wasserman went on to say
that the Village has a certain image that it wants to project, and that Northwest Highway is the gateway to
the municipality, but that the proposed business will attract mature, stable and financially able adults and
not kids hanging out in the back lot. These adults will be eating in the downtown restaurants, shopping in
the stores, and partaking in the Village aside from the cigar store. Mr. Wasserman asserted that the cigar
store might be the destination but that surrounding businesses would benefit from the foot traffic,
including events like the lighting of the Village Christmas tree.
Planning & Zoning Commission Meeting — December 8, 2022
PZ -23-22
17
Vice Chairman Beattie asked the Petitioner about his experiences trying to open up a store in Arlington
Heights and Glenview. Mr. Wasserman stated that in Arlington Heights they were pretty far along but the
landlord negotiated in bad faith, and the landlord went with someone else. Mr. Wasserman stated that in
the other communities, the buildings they looked at were in poor condition, but that they were all
freestanding buildings and that ventilation would be an important component in the proposed business.
Hearing no further questions from the commissioners, Chairman Donnelly asked if there was anyone in
the audience to address the case.
Chairman Donnelly swore in a nearby resident, Cynthia Wester, 300 S. William Street, Mount Prospect, IL.
Ms. Wester explained that she lives directly behind the subject property to the northeast. Ms. Wester
stated that she has always been a good neighbor and is concerned about the amount of smoke generated
by a group of twenty-five people, and questioned where that smoke would go. Chairman Donnelly
responded that the proposed business would be required to provide a filtration system on their
ventilation system so that no one should smell smoke, and reiterated that outdoor smoking is not
proposed.
Ms. Wester acknowledged that the subject property has been vacant for a number of years, but that she
did not believe a cigar lounge belonged in this area. Ms. Wester stated her family was the family that
started a petition to convince a gun shop/shooting range that wanted to operate near her home to go
elsewhere and that the gun shop is successful and currently operating inside an industrial park in Des
Plaines. Ms. Wester stated she would be a good neighbor no matter who would locate at the subject
property, but that she did not believe a cigar shop fits into this part of the neighborhood. Ms. Wester
stated that both of her parents died of lung cancer so the issue is very personal for her. Chairman Donnelly
stated that if there were any issues involving cigar smoke and odors that residents can call the Village to
enforce the rules.
Chairman Donnelly swore in the current co-owners for the subject property and of the former Prospect
Bikes store, Bill and Betty Schmoldt, 224 W. Bradley Street, Des Plaines, IL. Mr. Schmoldt stated that the
building has been on the market for 4 plus years. Mr. Schmoldt stated there is approximately 65 to 70 feet
between the back of the subject building and Ms. Wester's home. Mr. and Mrs. Schmoldt both expressed
support for the conditional use request. Mr. Schmoldt stated he is selling the property and did not want to
see the building sit vacant for much longer.
Seeing no other members of the public who wanted to give testimony, Chairman Donnelly called the
Petitioner back to the stand to address the major concerns raised including the smell of cigar smoke going
onto the neighboring property and to explain the filtration system that would be used. Mr. Wasserman
responded that he acknowledges the concern of the neighbor, but that he is planning to use a triple -
filtration system that cleans 3,500 square feet of air every 12 minutes, through three separate,
independent, and self-contained systems that would clean the air and guarantee that no smoke would go
outside through an exhaust. The air would be cleaned and cold. Mr. Wasserman emphasized that the
smoke inside the building would be filtered by systems inside the building.
Chairman Donnelly suggested that the Petitioner exchange information with Ms. Wester. In the event that
the conditional use is approved, and any issues arose, that they could take care of the issues together. Mr.
Planning & Zoning Commission Meeting — December 8, 2022 PZ -23-22
18
Wasserman stated he wished to be a good neighbor and that he would be more than happy to address the
problems if any arose.
Chairman asked if there was further discussion. Vice Chairman Beattie stated that the Petitioner seemed
like an eminently decent and honest individual, and acknowledged that the Commission gave a negative
recommendation on the zoning language to allow this to even be considered. There was some back and
forth discussion between Chairman Donnelly and Vice Chairman Beattie on the previous
recommendation and Vice Chairman Beattie stated that he did not want to be inconsistent with himself
as he made a big issue about this previously.
Ms. Choi clarified that the Commission recommended in the previous case that the tobacco uses could
not be permitted in the B-5 and B -5C districts. Chairman Donnelly pointed out that the Village Board still
had the option to override the Commission's recommendation, and that the Commission still was
required to make a recommendation. Vice Chairman wanted to clarify that the Village Board would need
to override the Commission's negative recommendation on the text amendment to consider the
conditional use request if the Commission made a positive or negative recommendation on the cigar
lounge. Ms. Choi stated that this was correct.
Vice Chairman Beattie stated he is respectful and appreciative of the Petitioner, but that he would like
to stay consistent. Chairman Donnelly reiterated that the Village Board could override the Commission's
recommendation on both items. Commissioner Mizwicki stated that his father died of throat cancer and
asked if there would be smoking permitted at the door. Chairman Donnelly stated that they would not
be allowed to smoke outdoors and that this would be enforced by the owner, neighbor, and the police.
Ms. Choi stated that a condition of approval could be added to prohibit outdoor smoking.
Hearing no further comments or questions, Chairman Donnelly asked for a motion. Commissioner
Beattie made a motion seconded by Commissioner Szymczak to adopt staff's findings in the staff report
as the findings of the Planning and Zoning Commission and to recommend approval of the following
motion:
"A conditional use permit to operate a tobacco lounge at the Subject Property, also known as 506 E.
Northwest Highway, Case No. PZ -23-22, subject to the conditions listed in the staff report."
UPON ROLL CALL AYES: Szymczak, Donnelly.
NAYS: Weir, Mizwicki, Beattie.
The motion was not approved by a vote of 3-2, with a negative recommendation to the Village Board for
the scheduled meeting on December 20, 2022.
After seeing no citizens to be heard for non -agenda items, Commissioner Beattie made a motion seconded
by Commissioner Mizwicki and the meeting was adjourned at 8:35 PM.
Ann Choi
Development Planner
Planning & Zoning Commission Meeting — December 8, 2022
PZ -23-22
19
LVIIIageofMt.
ECEIVED
Village of Mount Prospect
Community Development Department
50 S. Emerson Street
1 2'022
Mount Prospect, Illinois 60056 �'��
Phone: (847) 818-5328 "���„.”
AR " 4 spect
t r) rpna ent
Zoning Request Application mi J5izCY;,;PEGf
Off�-C'ase'
'NumbenP&ZTo be completed �. Date of Subs _.....�... �.�,�_.�.......�,...._..._._�.......... _..._._.,,�...�..."....._..�
y e St
mission Hearing Date.,
Project Name/Address: t �..z C)TL 01W
I. Subject Property
Address(es): W2Q:
Zoning District (s): Property Area (Sq.Ft. and/or Acreage): _L%O
Parcel Index Numbers PIN s :
II. Zoning Request(s) (Check all that apply)
Conditional Use: For
.w._µ>M.0
0 j
❑ Variation(s): To
❑ Zoning Map Amendment: Rezone From ymm To
_ J Zoning Text Amendment: Section(s)
❑ Other:
IV. Applicant (all correspondence will be sent to the applicant)
. .M...' L q..,,.__ ... _ .... .. __._.........ww__ ......w .........._._,...�,........
Na14,e
_ _._..._ ..
me: . N._ C L 1w .. f w Corporation: C 16- 1�...a- 1 ,e A V 1= AJ,
Address: j (pC)o G7. -rN �4GIL 2 Sr. 3 i 0
City, State,.........P. ........ ., ..
Code . 6 0 0
S Pi'- A IN � �L_ 1'a 1
_.....""_..._w..._�..._.,._""...�...........�.w..wwwwww ww....�.._...._w_...w.ww...._w.._.�....._...._..�..._""""�...,..m ............. �....
Phone: 312 - 2 -CI -3 Y- 10 4 S `7 Email: &X I IY\ I LoOO C- .f � O' Cam
_.,...�...... ._................. ... ._. .................. .. .........
Interest in Property:
(e.g. owner, buyer, developer, lessee, architect, etc...}
1
20
V. Property Owner
❑ Check if Same as Applicant
Name: Corporation:
Address:
City, State, ZIP Coder
Phone:
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.
Applicant: . ..�,� � �� � �. ��� Gate: f L3
(Signature)
(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.
Property Owner:
(Signature)
(Print or Type Name)
Date:
21
V. Property Owner
❑ Check if Same as Applicant
Name: ,�w_w�wwwwwft Corporation:
Address;
�e
City, -State, ZIP Code: .... _ .....'�'°`.. ..." ...._ It-
Phone: . i rte R � .. �i �.. �,,, � � ";�-tA
l
� � � � ._ ....M._ Email: r � � � ��.,� . c
In consideration of the information contained in this petition as well as all sup ort' documentation, it is
requested that approval be given to this regr�est. The appilicant +s the ow n''er or ru�iorized representative of tfie
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
appfibatton are Otte, and accufate to, tht- beast of my knotne"ge.
Appllcard
(Signature)
(Print or Type Name)
If applicant is not property owner:
Date:
I hereby designate the applicant to tact as my agent for the purpose of seeking the zoning request(s) described in this
application and the associated supporting material.
Dater
Property Owner: i" . 2.
. .. (, �.. _..
(Signature)
..... _..............._
4,4..
(Print or Type N°ame��)
Vlf,77 5� RA 1--b i
22
Affidavit of Ownership
COUNTY OF COOK
STATE OF ILLINOIS
under -oath, state that I am
.(print name)
❑ the sole owner of the property
X
an -owner of the property
El an authorized officer for the owner of the property
commonly described as Y�' 4 2- - 22'2t
(property ad dress and: P1 N) - —4
7> -6ol
,PaP4ej_,W lf12-- dto-' <,'(50Cz,
and that such property is owned by h) Ji -t-) A Al _B�-7T-t_ (L('M0A_1b7_ as of this date.
(print name)
Subscribed and sworn to before
L +14
me this day of
o 0
Lary Public
Signature
=SERGIO CORONA
Official Seal
Notary Public - State of Illinois
My Commission Expires Sep 24, 2025
"*VW4WPqW"W
23
Therefore, this is what my proposal is:
1. I want to open an upscale cigar store at 506 East Northwest
Highway, Mount Prospect, Illinois. This would be a retail store
with the emphasis on selling cigars. We would not sell cigarettes,
chewing tobacco, snuff, Hookah, vape, CBD, cannabis, gum,
candy, or lottery. Our merchandise would be limited to cigars,
cigar lighters, cigar cutters, cigar cases, and humidors.
2. I would build a walk-in humidor and obtain all permits and
licenses to do so. A walk-in humidor, which is nothing more than
a cedar closet, would be the focus of the store and would be
prominently featured in our advertising. This would be the main
feature of the store. Cigar smokers gravitate to a cigar store with a
walk-in humidor.
3. My next proposed feature would be to have an upscale
smoking lounge. This is an especially attractive feature to cigar
smokers in cold weather. The portion of the store that would allow
smoking would feature comfortable chairs, tables, ashtrays, and
cutters for the patrons to use while in the store. We would feature
Coke products for sale. No smoking of cannabis or vape would be
permitted.
4. The maximum number of employees would be 3. Initially, this
would consist of myself and my wife. Eventually, we would have a
part-time employee.
5. The planned hours of operation would be Monday -Friday
10:30am-8pm; Saturday 10:30am-8:00pm; Sunday 11:00am-
6:00pm
24
WARRANTY DEED
(Corporation to Corporation)
(Illinois)
CAUTION: Consult a lawyer before using or acting under this form
Neither the publisher nor the seller of this form makes any warranty
with respect thereto, including any warranty of merchantability or
fitness for a particular purpose.
THE GRANTOR, TURNEY ENTERPRISES, INC., f/k/a Prospect Bike
Shop, Inc., a corporation created and existing under and by virtue of
the laws of the State of Illinois and duly authorized to transact
business in the State of Illinois, for and in consideration of the sum
Ten Dollars ($10.00) in hand paid, the receipt whereof is hereby
acknowledged, and pursuant to authority of the board of directors,
of said corporation, CONVEYS AND WARRANTS TO:
WILLIAM SCHMOLDT and BETTY SCHMOLDT
506 East Northwest Highway, Mt. Prospect, Illinois 60056
(Name and address of Grantee)
of the following described real estate, situated in the County of Cook
and in the State of Illinois, to wit:
See Exhibit A attached hereto.
Permanent Real Estate number(s): 08-12-221-005, 08-12-221-006, 08-12-221-007, 08-12-221-008
Address(es) of real estate: 506 East Northwest Highway, Mt. Prospect, Illinois 60056;
IN WITNESS WHEREOF, said Grantor has caused its corporate seal to be hereto affixed, and
has caused its name to be signed to these presents by its President, and attested by its
Secretary, the day and year first above written.
TURNEY ENTERPRISES, INC.,
f/k/a Prospect Bike Shop, Inc.
(Name of Corporation)
By:._. EbWARb- :"T Fe'.
Its: President
'If Grantor is also Grantee you may wish to strike Release and Waiver of Homestead Rights.
Attestor
SHERRY TU NNEY
Its: Secretary
This instrument was prepared by Stephen M. Alderman 223 W. ,Jackson Blvd, #1010 Chicago, IL.
60606 312 288-0102.
25
9�ATE OF FLORIDA
SS.:
COUNTY OF
...........
ANGE
the undersigned, a Notary Public in
My o').,nm xpings JulaftQj W aid County, in the State aforesaid, DO HEREBY CERTIFY that
01) 432
OfbWIJAI D E. TURNEY, personally known to me to be the President
SN of the c9porat,, and,Sl-kf�RRY TURKEY, Secretary of said corporation,
�"p
SEAL and paddV`Iio%n
1, kt1ow'n`-'d))be the same persons whose names are subscribed
HERE to the foregoing instrument, appeared before me this day in person, and
acknowledged that they signed, sealed and delivered the said instrument
as their free and voluntary act, for the uses and purposes therein set forth,
including the release and waiver of the right of homestead.
Given under my hand and official seal, this IV rh .......... day of 006.
Commission expires
20 NOTARY PUBLIC
MAIL TO:
(Name)
(Address)
(City, State and Zip)
OR RECORDER'S OFFICE BOX NO.
0, A1111E11A 0, COLE14 AN
?far N
Nofa�V pvb�ic
g , 'Ite of FlorWi
L pob�icSt'
My
tx)� Shilte of Floddi
y C�)mm` OV'r" J01Y 28 2009
July
No,, DO 43PO79 D'
26
110"EMIZEMMMME
2021
First Installment Property Tax Bill
$2244,59
Property Index Number (PIN) Volume Code
Tax (Payable
Township Classifica ,
9
08-12.221-005-0000
049 16140
2021 2022
ELK GROVE 5
By 03/01/22 (on time)
IF PAYING AFTER 03/02/22 - 04/01/22
04J02/22 - 05/01/22
05/02J22 - 06/01/22
03/01/22, PLEASE PAY $2,278.26 OR
$2,311.93
OR
$2,345.60
Pension and
Amount of
% of Pension and
Money Owed by
Heat care Amounts
Pension and
l4eaftcare Costs
Your Taxing
Promised by Your
Healthcare
Taxing Districts
Your Taxing Districts
Districts
Taking 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
$3,385,502
89.550/0
Harper Coll Comm College 02 (Palatine)
$217,927;355
$73,034,940
$73,034,940
0.00%
Township HS District 214 (Arlington Hts)
$174,084,349
$270,533,348
-$10,941,2"
104.04%
Mount Prospect Public School District 57
$3,548,068
$32,578,802
$115,961,461
51.01%
Village of Mount Prospect
$146,353.994
$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
$328,420,280
39.19%
County of Cook
$7,595,772,042
$26.972,931,181
$15,481.971,961
42,60916
Total$11,686,168.659 $31,230,230,900 d
L FIA S E
No
PAY YOUR TAXES ONLINE
at
coo kcoup tytreasurer.com from your bank accou
MIE11101"i" V& Him=`
2020 TOTAL TAX 4,081.07
2021 ESTIMATE X
2021TOTAL TAX 2,244.59'
The First Installment amount is 55% of last year's"tMai-taxes, All
exemptions, such as homeowner and senior exemptions, will be
reflected on your Second Installment tax bill.
E 0 1 11 1
XIMMI
Deposit cash or checks't
Chs 6 DepositFiriendly (SN) A.
An imagof your check can,
be printed on your receipt,
My Transaction Summary
Transaction #90
RaymEynt-Gook County $2,24
Account Number:
JPMorgan Chase Bank, N.A.
Northwest Hwy and Emerson, Branch Of
0
1-800-935-9935
Your satisfaction matters. Share you
feedback at: chase.com/sendusfeedbac
Member FDIC, Equal Housing Lender
Please keep your receipt
02/28/2022 16:40
14
Business Date 02/28/2022 "", im.
506 E NORTHWES Session #34 .,OOLDT
MOUNT PROSPEC -Y ST
Thank you - Shannon -6 IL 60016-2771
Cas
--#05
27
139433 1 of 1 M
By 03/01/22 (on time).
IF PAYING E 03102122 - 04/01/22
Vlmir VUII I2021
05102/22 -(7&07122
First Installment Property Tax Bill
$2,514.84
60
Property index Number (PIN) Volume Code Tax Year (Payable In) Township Classification
9
08-12-221-006-0000
049 16140 2021 2022 ELK GROVE 5-17
By 03/01/22 (on time).
IF PAYING E 03102122 - 04/01/22
04/02/22 - 05101/22
05102/22 -(7&07122
OR
03/01/22, PLEASE PAY $2,478.22
$2,514.84
OR
$2,551.46
Pension and
Amount o % of Pension and
Money Owed by
Healthcare Amounts
Pension and Healthcare Costs
Your T,"Ing
Pwro iM'wr d,b1r Your
Healthcare Tzodn-g Districts
Your Taxing Districts
Districts
Taxing Districts
Shortage Can Pay
Northwest Mosquito Abatement Wheeling
$231,779
$7,760,171
$73,862 99.05%
Metro Meter Reclamation Dist of Chicago
$3,294,323,000
2,958,492,0
$1,219,143,000 58,79%
Mt Prospect Park District
$19,889,.539
$32,407,456
$3,385,502 89.55%
Harper Coll Comm College 512 (Palatine)
$217,927,3
$.73,034,940
$73,0734,940 0.00%
Township ship HS District 214 (Arlington Hts)
$174,094,349
$ZM533,348
4101941,2 1034..04%
Dunt Prospect Pudic School District 57
$3,548,068
$32,578,802
$15,961,461 51.01°/
Village of Mount Prospect
$146,3.53,994
$335,532,496
$89,834,413 73.23%
Town of Elk Gree
$935,482
$6,852,872
469,18 106.85/0
Cook County Forest Preserve District
$233,103,051
$540,107,634
$328,420,280 39.19%
County of Cook
$7,595,772,042
$.26,972,931,181
$15,481,971,961 42.601
Total
$11,686,168,659
$31,230,230,900
CHASE
Deposit cash or checks at a
?
Chase CeposltFriendly (SM) ATM.
An image of your check can
be printed on your receipt.
My Transaction Summary
PAY YOUR TAXES ONLINE Transaction #89
at cookcountytreasurer.com from your bank accoul payment -Cook County $2,441.60
Account Number:
JPMorgan Chase Bank, N.A.
2020.1()'TAL VAX 4,439. Z7 Northwest Hwy and Emerson, Branch 00099
202165 I I MATE X 55% 0
2021 TC )TA111. °1 � � � �2,441.60 1-800-935-9935
Your satisfaction matters. Share your
The t"'iist llw.tttwllr'rrent alniount us 555.' or la ,I ytw_ 's tolal'lffice=s All feedback at: chase. con/serxWeedb8C(t
exemptions, such as homeowner and senior exemptions, will be
reflected on your Second Installment tox bill. Member FDIC, Equal Housing Lender
Please keep your receipt
�� ��u��l 02/28/2022 16:40 Aam
���l Elul ��' " i Business Date 02/26/2022
506 E NORTHWES Session #34 ,AOLDT
MOUNT PROSPECT ST
Thank you: - Shannon. IL 60016-2771
Cashbox_ #05-..
Session #34 �vl -F"T
MOUNT PROSPEC Ie S 28
Thank you - Sharman ' IL 60016-2771
$29441.60
By 03/01122 (on, time.1
130232 1 of 1 M
20,21 First Installment Property Tax Bill
Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification
08-112-2211-007-0000 049 16140 2021 2022 ELK GROVE 5-17
IF PAYING AFTER 03102122 -
04101122
04102122 - 05101122
05102122 - 06101122
OR
03/01/22, PLEASE PAY $2,47822
$2,514.84
OR
$2,551.46
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
Districts
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
$3,385,502 89.55%
Harper Coll Comm College 512 (Palatine)
$217,927,355
$73,034,940
$73,034,940 0.00%
Township HS District 214 (An torr Hts}
$1-74,084,3,49
$2708533,34a
-$10,941,2" 104.0411/a
Mount Prospect Public School District 57
$3,548,068
$32,578,802
$15,961,461 51.01%
Village of Mount Prospect
$146,353,994
$335,532,496
$89,834,413 73.23%
Town of Elk Grove
$935,482
$6,852,872
-$469,188 10625%
Cook County Forest Preserve District
$233,103,051
$540,107,634
$328,420,280 39.19%
County of Cook
$7,595,772,042
$26,972,931,181
$15,481,971,961 42.60%
Total
$11,686,168,659
$31,230,230,900
...... . . . . — .............. .. .
CHASE
Deposit cash or checks at a
Chase DepositFriendly (SM) ATM.
An image of your Check can
be Printed on your receipt.
My Transaction Summary
PAY YOUR TAXES ONLINE Transaction #88
Payment -Cook County $2,441.60
at cookcountytreasurencom from your bank accou Account Number -
min" Mz(
2020 TOTAL TAX 4,439.27
2021 ESTIMATE X 55%
2021 TOTAL T p 2,441.60
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.
JpMorgan Chase Bank, N.A.
Northwest Hwy and Emerson, Branch 00099
0
1-800-935-9935
Your satisfaction matters, Share your
feedback at: chase.c W sendusfeedback
Member FDIC, Equal Housing Lender
Please keep your receipt
0212812022 16;40
93= Business Date 02/28/2022
506 E NORTHWE Session #34 rIMOLDT
MOUNT PROSPE( cY ST
Thank you - Shiumn -S IL 60016-2771
Cashbox #05
29
1394:34 1 of 1 Mi
1
04J02122 - 05/01/22
2021
First Installment Property Tax
Bill
$1892.49
OR
Property Index Number (PIN) Volume Code Tax Year (Payable In) Township
Classification
9
08-12-221-008-0000
049 16140 2021 2022 ELK GROVE
5-90
By 03/01/22 (on time)
IF PAYING AFTER 03102122 - 04101122
04J02122 - 05/01/22
05/02J22 - 06J01f22
03/01/22, PLEASE PAY
OR
$1,920.88
$1,949.27
OR
$1,977.66
Pension and
Amount of
% of Pension and
Money Owed by
Hedithcare Amounts
Pension and
Healthcare Costs
Y*ur Taxing
Promised try "your
Healthcare
Taxing Districts
Your Taxing Districts
Districts
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
$19,889,639
$32,407,456
$3,385,502
89.55%
Harper Coll, Comm College 512 (Palatine)
$217,927,3S6
$73,034,940
$73, ,9
01;00%
Township HS District 214 (Ari nogton Hts)
$174, ,34S
$270,533,348
104.04%
Mount Prospect Public School District 57
$3,548,068
$32,578,802
$15,961,461
51.01%
Village of Mount Prospect
$146,353,994
$336,532,496
$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
$328,420,280
39.19%
County of Cook
$7,595,772,042
$26,972,931,181
$15A81,971,961
42.60%
Total $11,686,168,659 $31,230,230,900
CHASE n"
No
Deposit cash or checks at a
Chase Deposiffriendly (SH) ATM.
An image Of your check can
be Printed on your receipt.
My Transaction Summary
PAY YOUR TAXES ONLINE Transaction #87
Payment -Cook County $1,892.49
at cook,countytreasurer.com from your bank accou Account Number:
00111MMI !2'a RIMM'' "! ....
2020 TOTAL TAX 3,440.89
2021 ESTIMATE X S 5%- --,.
2021TOTAL TAX = u 1,892.491
The First Installment amount is 55% of last year's tbtini taxes. All
exemptions, such as homeowner and senior exemptions, will be
reflected on your Second Installment tax bill.
JPMorgan Chase Bank, N.A.
Northwest Hwy and Emerson, Branch 00099
0
1-800-935-9935
Your satisfaction matters. Share your
feedback at: chase.com/sendusfeedback
Member FDIC, Equal Housing Lender
Please keep your receipt
02/28/2022 16:40
30
SCHWAI,B RE . . .... All'y" G,'RajP, INC.
2275, Half Day Rd., Suite 127 X Bannockburn, IL 60015 0 T (312) 573-4770' 0 F (312) 803-2750,
LETTER OF INTENT
September 21, 2022
Owner of Record
c/c, Mr. Michael Levin,
@properties
2356 N. Elston
Chicago, IL 60614
RE: Building and land located at the commonly known address of 506 E Northwest
Highway, Mount Prospect, Illinois (the "Property")
Dear Michael:
This letter is being delivered to you to outline the basis upon which my client is prepared to enter into
a contract of sale regarding the above -referenced Property. This letter should only be construed as an
attempt to establish the major terms of a purchase contract to be prepared by the parties and approved
by their respective attorneys.
1. Seller Owner of Record
2. Purchaser Michael Wasserman and/or his assignee
3. Purchase Price $525,000 "As Is"
4. Earnest Money $10,000 to be deposited with a mutually acceptable title
company within three business days ofexecution,of the Purchase
Contract.
5. Local Government Purchaser shall have One Hundred Eighty (1 &0) days from
Approval execution of the LOI to obtain local government approvals
Contingency Period concerning Purchaser's intended use of the Property. Said period
shall be extended for each day of delay by the Local Government
Seller Initials: Lk...� Purchaser Initials: Mike
L01 - 506 E Northwest Hwy.Vcrsiun 3 Redline
9/21/2022
Page I of
31
not caused by Purchaser. Execution of a Purchase Contract to be
expressly contingent upon Purchaser obtaining Local
Government Approval and Financing for Purchaser's intended
use.
6. Financing Purchaser shall have ninety (90) days from the end of the Local
Contingency Period Government Approval Contingency Period to obtain a financing
commitment. During said period, Seller shall cooperate with
efforts by Purchaser's lender to obtain third party reports
including, but not limited to, appraisals, property condition
reports, and zoning reports.
7. Due Diligence Period Sixty (60) days from the date of the Local Government Approval
of Puchaser's intended use of the Property, Said period will be
extended day -for -day until Purchaser has received all requested
due diligence materials from Seller. Purchaser shall be granted
full access to the property to conduct all inspections deemed
necessary and appropriate to determine the condition of the
property.
8. Closing Closing shall occur within thirty (30) days of the conclusion of
the Financing Contingency Period.
9, Environmental Within ten (10) days of the commencement of the Due Diligence
Reports Period, Seller shall provide at its expense a Phase i
environmental report certified to Purchaser and Purchaser's
lender.
10. Title Commitment & Within ten (10) days of the commencement of the Due Diligence
ALTA Survey Period, Seller shall deliver to Purchaser, at Seller's expense, a
current title commitment covering the Property issued by the
Title Company and a current ALTA/ASCM Land Title Survey
of the Property certified to Purchaser and, Purchaser's lender. At
the closing, Seller will provide and pay for an ALTA Owner's
Title Insurance Policy with full extended coverage over all
,general exceptions and reflecting no liens, encumbrances, or
restrictions except those approved by Purchaser during the Due
Diligence Period.
11. Purchase Contract Within fifteen (15) business days after execution of this Letter
of Intent, Purchaser shall deliver to Seller a draft purchase
contract (the "Purchase Contract"), for review and approval by
Seller. The parties shall use commercially reasonable efforts to
execute the Purchase Contract within fifteen (15) days after
Purchaser obtains Local Government Approval for Purchaser's
intended use.
12. Brokerage Purchaser is represented by David Schwalb of Schwalb Realty
Group, Inc. ("Purchaser's Broker"). Seller is represented by
SeRerfrrit(aCs.,bj 57 �„ ...... Purchuserlohiulse Mike
LOi - 506 E Northwest Hwy.Version 3 Redline 9/21/2022
Page 2 of 4
32
Scott Whisler of Brian Properties, Inc. ("Seller's Broker").
Seller shall remit at closing funds for payment of commissions
due to Seller's Broker and Purchaser's Broker.
13. Property 'Faxes All outstanding property, state, county or city taxes for the
current year and prior shall be credited to Purchaser at Closing
based upon 105% of the last known bill for such taxes prorated
for 2023 to the Closing Date.
14. Exclusivity In consideration of the time and expense to be expended by
Purchaser in connection with the inspection of the Property and
the preparation of the Purchase Contract, Seller hereby agrees
that neither Seller nor its agents or representatives will show the
Property or solicit, entertain or accept formal or informal offers
or negotiate for the sale of the Property or any part thereof from
any party other than Purchaser during the period commencing
with the signing of this letter by both parties and, if the Purchase
Contract is executed, through the date of closing or earlier
termination, of the Purchase Contract.
15. Confidentiality All negotiations regarding the Business between Purchaser and
Seller and information exchanged shall be confidential and not
to be disclosed to anyone other than respective advisors and
internal staff of the parties and lenders. All non-public
information provided by the parties to each other shall be
deemed confidential information and reasonably safeguarded by
Purchaser.
16. Expenses Each party will bear its expenses, including legal fees, incurred
in connection with the Proposed Transaction.
17. Governing Law This Agreement shall be deemed to have been executed and
delivered within the State of Illinois and shall in all respects be
interpreted, enforced and governed by the laws of the State of
Illinois, other than its choice of laws provisions.
18. Jurisdiction and All actions brought to enforce or otherwise arising out of or
Venue relating to this Agreement shall be brought and tried in the
Circuit Court of Cook County.
Except with respect to Paragraph 13 herein, Seller and Purchaser agree this is a non-binding letter
serving only as an outline of the general terms and conditions of the proposed transaction and is not a
Purchase Contract. Completion of the transaction hereinabove described is subject to the negotiation
and execution of a mutually acceptable Purchase Contract, the teens of which, if executed by both
parties, shall govern the rights and obligations of Purchaser and Seller.
Additionally, this proposal at shaft be deemed retracted if not accepted by both Seller and Purchaser by
5:00 pm (Central Time) September 20, 2022.
Seller brilials:ti 5 Purchaser k"iwhds; Mike
LOT - 506 E Northwest Hwy.Version 3 Redline 9/21/2022
Page 3 of 4
33
If Seller and Purchaser each agree with and accept the provisions of this Letter of Intent, please return
an executed copy of this letter to my attention.
Regards,
sq
David Schwalb
President
Ad; nd Accepted 'by Seller asof 2022.
L:
Address:
Facsimile:
Seller Initials:
L01- 506 E Nodhwen Hwy.Veraion 3 Redlim
PURCHASER:
Signature:
Name: Michael Wasserman
Title: Owner
Address: 1600 E Thacker Street
City/State/Zip : Des Plaines, Illinois 60016
......................
Email: ekim1600@yahoo.com
Facsimile:___
Purchaser Initials: Mike
2=
34
Responses to Conditional Use Standards
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; Petitioner intends to operate the business as a high-end, age 21 and older,
retail tobacco shop and cigar lounge. The space will be utilized for tobacco retail sales,
customer lounging, private business meetings, and game day gatherings. The
proposed hours of operation are 10:30 am to 8:00 pm, Monday through Friday.
Saturday 10:30am to 6:00pm. Sunday 11:00am to 5:00pm. Petitioner anticipates a
maximum of twenty (20) to twenty-four (24) patrons and two (2) Staff member to be
in the establishment at any given time. The business will not carry or sell alcoholic
beverages and sales of non -tobacco products will not be permitted. Firearms will not
be permitted on the premises. No prepared food will be served.
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; Petitioner's business will be located in an existing, mature business district
including the specific block on which Petitioner's business will be located. It will not
alter or impede the development of other businesses or the district generally.
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; Petitioner's business will be located in an existing, mature business district
including the specific block on which Petitioner's business will be located. It will not
alter or impede the development of other businesses or the district generally.
4. That adequate public utilities, access roads, drainage and/or necessary facilities have
been or will be provided; The property has existing utilities, roads, drainage and
facilities which are adequate for Petitioner's business. Petitioner will be remodeling
the existing structure, providing improvements and upgrades.
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; The property includes a
surface parking lot which will be utilized by Petitioner's business. The volume of traffic
will not materially increase the general traffic patterns and all customers will have
access to the surface parking lot to park their vehicles.
6. That the proposed conditional use is not contrary to the objectives of the current
comprehensive plan for the village; Petitioner's business is comparable to other
businesses which have been approved by the Village of Mount Prospect.
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 and zoning
commission. Petitioner's business will conform to businesses identified as B5.
35
TO: Ann Choi, Development Planner, Village of Mount Prospect
FROM: Michael H. Wasserman
DATE: October 31, 2022
RE: PZ -23-22 506 E. Northwest Highway CU: Cigar Lounge (Missing zoning application items)
Per your email to me dated Monday 3, 2022, 1 am supplying you with all items that you noted as missing.
With respect to the Additional information requested in your email that day, I want to specifically
address them as follows:
• Provide a description on how the odors will be ventilated to not cause a nuisance to neighboring
properties. Note that all ventilation requirements by the State must be met.
Answer: Please refer to Paragraph 8 of Responses to Applicable Standards
• Please provide a parking striping plan
Answer: Provided on Site Plan
• Provide the hours of operation for any proposed outdoor space.
Answer: We are not proposing to use any outdoor space for sales or smoking
• What is the maximum number of patrons and staff you would expect in the establishment at
one time?
Answer: Please refer to Paragraph 1 of Responses to Applicable Standards
• Are there any exterior improvements proposed?
Answer: None
• Please describe if there will be any prepared food or beverages sold at the business.
Answer: Please refer to Paragraph 1 of Responses to Applicable Standards
LEGAL DESCRIPTION
Lots 16, 17, 18 and 19 in Morningside Gardens, being a subdivision of part of the
,Norheast Quadm of Sedoa 12, Township 41 ,North, .Range 11, East of the Third
37
ORDINANCE NO.
AN ORDINANCE GRANTING A
CONDITIONAL USE TO OPERATE A TOBACCO LOUNGE
FOR PROPERTY LOCATED
AT 506 EAST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS
WHEREAS, Michael H. Wasserman, of Cigar Heaven, Inc ("Petitioner's, is seeking a
Conditional Use permit to operate a tobacco lounge for property located at 506 East
Northwest Highway ("Property") and legally described as;
LOTS 16 ,17,18 AND 19 IN MORNINGSIDE GARDENS, BEING A SUBDIVISION OF
PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
Property Index No. 08-12-221-008-0000
08-12-221-007-0000
08-12-221-006-0000
08-12-221-005-0000; and
WHEREAS, the Petitioner seeks a Conditional Use Permit to operate a tobacco
lounge providing interior improvements for office space, a sales floor, humidor and
storage with existing parking; and
WHEREAS, a Public Hearing was held on the request for a Conditional Use Permit
designated as PZ -23-22, before the Planning and Zoning Commission of the Village
of Mount Prospect on the 811 of December 2022, pursuant to due and proper notice
thereof having been published in the Daily Herald Newspaper on the 23rd day of
November; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and
recommendations to the Mayor and Board of Trustees in denial of the request for
conditional use being the subject of PZ -23-22; 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 same
meets the standards of the Village and that the granting of a Conditional Use permit
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 herein 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
grant a Conditional Use Permit to operate a tobacco shop lounge for property
PZ 23 22 506 E NW HWY PG 1 38
located at 506 East Northwest Highway subject to the following conditions:
1. "Compliance with all applicable Village Code requirements, including, but not
limited to fire code, zoning code, and building regulations."
SECTION THREE: 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:
NAYS:
ABSENT:
PASSED and APPROVED this 20' day of December, 2022.
Paul Wm, Hoefert
Mayor
ATTEST:
Karen M. Agoranos
Village Clerk
PZ 23-22 506 E NW HWY PG 2 39