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8.2 1st Reading of an AN ORDINANCE GRANTING A VARIATION (PARKING LOT SETBACK) FOR PROPERTY LOCATED AT 555 BUSINESS CENTER DRIVE, MOUNT PROSPECT, ILLINOIS (PZ-11-23)
Item Cover Page Subject, 1st Reading of an AN ORDINANCE GRANTING A VARIATION (PARKING' LOT SETBACK) FOR PROPERTY LOCATED AT 555 BUSINESS CENTER DRIVE, MOUNT PROSPECT, ILLINOIS (PZ 11 -23) Meeting September 5, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information. N NEV BUSINESS The Petitioner, Aaron Bruder of CAGE Civil Engineering, proposes to widen the south driveway, for the property located at 555 Business Center Drive, to a width of forty-six feet (46') requiring the curb of the proposed driveway to encroach eight feet (8') into the required parking lot setback, or two feet (2') from the south lot line . As the current parking lot setback is, ten feet (10') for all non-residential parking facilities, a variation from Section 14 2206(E)(1)(a) is required. Per the Petitioner, the proposed widening would allow delivery trucks and other large vehicles to safely navigate the site along paved surfaces, instead of allowing them to drive over landscaped areas or risk collision with the building structure. The Petitioner is also proposing minor modifications to the parking and loading areas including the removal of existing retaining walls and curbs, adding a walkway and a patio, and restriping the parking spaces to improve the site's internal circulation. Per the IPetitio,nier, the present hardship has been, in effect since the initial development of the property in 19,81 and', the hardship has also, been perceived', by prior property owners. The current configuration of the driveway makes it difficult for delivery vehicles to navigate the s,ite. According to the Petitioner, the granting of the variation wo,uild not detrimentally affect the publlic welfare or other properties in, the surrounding area as the use of the subject property will not be materially changed, and would', improve the maneuverability for delivery vehiclles for improved safety and enhanced' access to the property. Per the IPetitio,nier, the granting of the variation would aills,o improve potential congestion on Business Center Drive by increasing the ease of access, to the suibject property by large delivery vehiclles. The requested' variation is, not anticipated to, impact the suipplly of light/air, natural drainage, and property vailluies,. The existing lot coverage for the subject property is approximately 47.7% and will be increased to 50.5% after the proposed modifications are completed. The I-1 zoning district permits a lot coverage of 75%. The proposed site imipro,vements, will be reviewed as part of the building permit, and MI be subject to all Village Codes. M.geu.-;4;lion Public Hearing: At the Planning and Zoning Commission hearing on August 24, 2023, the Planning and Zoning Commission recommended approval of the project by a vote of 6-0. No members of the public were in attendance in opposition to the project, and the Petitioner and property owner were present to voice support of the petition. The Commissioners asked if there would be any improvements such as landscaping as part of the reduced parking lot setback, if there would be any drainage issues due to increased lot coverage, if the existing berm along the south lot line would remain, and if there were any concerns regarding parked cars overhanging onto the property to the south. Staff responded that there would be no additional improvements such as landscaping required and that the project was well uinder the maximum 750/0 lot coverage for the subject property.Staff also indicated that the public works department had reviewed the petition and did not raise any concerns regarding drainage.Staff also indicated that there is typically an allowance for a 2 -foot overhang for standard parking spaces, and that the reduced parking lot setback would be 2 feet, so there should be no issues with overhang. The Petitioner and property owner also explained that trucks currently back onto Business Center Drive and block traffic on the street. The variation would allow trucks to drive directly onto the site and make the required turns to back into the loading area. The property owner also explained that the business typically has 10 to 15 deliveries per week, or 2 to 4 deliveries per day. Staff' Recommendation: Staff is supportive of the Petitioner's request as the reduced parking lot setback would not have an adverse impact on the public or adjacent properties as the neighboring properties are similar in intensity as the subject property. The petition has been reviewed by all Village departments (Fire, Public Works and Building) with no objections to the requested variation. The reduced parking lot setback will not be a detriment or endanger the welfare of the general public and would improve the existing site circulation., Staff finds that the standards for a variation have been met.As of the writing of this report, staff has not received public comments pertaining to this request., Waive Secondl Reading: The Petitioner is requesting that the Village Board waive the second reading and take final action at the September 5, 2023 meeting. Alternatives Approve a variation from Section 14.2206(E)(1)(a) to permit a parking lot setback reduction from ten feet (10'-0") to two feet (2'-0") along the south lot line, as shown on the plans prepared by CAGE Civil Engineering dated 07/27/2023, and subject to the condition listed in the attached Ordinance. 2. Action at the discretion of the Village Board. Staff Recommendation Approval of: A variation from Section 14.2206(E)(1)(a) to permit a parking lot setback reduction from ten feet (10'-0") to two feet (2'-0") along the south lot line, as shown on the plans prepared by CAGE Civil Engineering dated 07/27/2023, and subject to the condition listed in the attached Ordinance. Attachmen,ts 1. PZ -11-23 Plans 2. PZ -11-23 Staff Report 3. PZ -11-23 Administrative Content 4. PZ -11-23 Second Reading Waiver Request 5. PZ -11-23 Minutes 6. PZ -11-23 Ordinance PRELIMINARY ENGINEERING FOR 555 E. BUSINESS CENTER DRIVE SITE RENOVATIONS 555 E. BUSINESS CENTER DRIVE, MOUNT PROSPECT IL, 60056 itbekra Call uefaeyou LOCATION MAP SECTION 35, TOWNSHIP 42N, RANGE 11E ��11 I T, .o..�,�.,... Sheet List Table Sheet Number Sheet Title C0.0 SITE LOCATION MAP & CIVIL LEGEND C1.0 EXISTING CONDITIONS & DEMOLITION PLAN C2.0 SITE LAYOUT PLAN C3.0 SITE GRADING PLAN EX -1 TRUCK TURN EXHIBIT itbekra Call uefaeyou LOCATION MAP SECTION 35, TOWNSHIP 42N, RANGE 11E ��11 I T, .o..�,�.,... EXISTING DETENTION POND LOT 108 KENSINGTON CENTER -PHASE 3-A SUBDIVISION n� ti 11 11 -11T TI EXISTING DETENTION. POND `NE COMPOSITE RUNOFF COEFFICIENT (C) PROJECT: 555 E. BUSINESS, CENTER DRIVE IMPROVEMENTS PERMIT NUMBER: TBD LOCATION: MOUNT PROSPECT TYPE OF AREA (SELECT WITH DROP-DOWN) X DETAINEDAREA. UNRESTRICTED AREA UPSTREAM AREA CONDITION (SELECT WITH DROP-DOWN) PROPOSED CONDITION RUNOFF COEFFICIENT DATE: 7/27/2023 MAJOR STORMWATER SYSTEM O�THIER: X EXISTING CONDITION SurD face escription C Area (acres) Product (C),(Area), IMPERVIOUS 01.90 1.43 1.28 PERVIOUS 0.45 0.95 0.43 WATER 1.00 0.59 0.59 TOTALS: 2.97 2.3O Composite C Total Product 2.301 Composite C = 0.78 Total Area 2.97 1 1 4/7/2022 COMPOSITE RUNOFF COEFFICIENT (C) PROJECT: 555 E. BUSINESS, CENTER DRIVE IMPROVEMENTS PERMIT NUMBER: TBD LOCATION: MOUNT PROSPECT TYPE OF AREA (SELECT WITH DROP-DOWN) X DETAINEDAREA. UNRESTRICTED AREA UPSTREAM AREA CONDITION (SELECT WITH DROP-DOWN) X PROPOSED CONDITION RUNOFF COEFFICIENT DATE: 7/27/2023 MAJOR STORMWATER SYSTEM O�THIER: EXISTING CONDITION SurD face escription C Area (acres) Product (C),(Area), IMPERVIOUS 01.90 1.51 1.36 PERVIOUS 0.45 0.86, 0.39 WATER 1.00 0.59 0.59 TOTALS: 2.97 2.34 Composite C Total Product 2.34 Composite C = 0.79 Total Area 2.97 1 1 4/7/2022 Al Milli I a 14 119 M OVAC& I * 9: M iii I 4:k 9 1 MAM.'M I I' I 1A I I iiiii PROJECT: 555 E. BUSINESS CENTER DRIVE IMPROVEMENTS PERMIT NUMBER: TBID LOCATION. MOUNT PROSPECT DATE: 7/27/2023 DEVELOPMENT INFORIVITION 1. Detained Area 2.966 lacres 2. Composite Runoff Coefficient 11.789 Based on 0.20 cfs/aare 3. Actual) Release Rate alHowaUle irellease irate per 01.593 cfs current WMO standards REQUIRED DETENTION VOLUME 0.964 ac -ft / 2.966 acres 4. Required Detention Volume 0. 325 ac -ft / acre, which is 0.964 ac -ft less than pro, -rated 0.41 ac-ft/acre provided for site CALCULATION TABLE Storm i Rainfall Ii (in/hr) Inflow Rate (Cfs) Stored Rate (Cf S) Required Storage (ac -ft) 5 1 12.36 28.94 28.34 0.195 10 1 10.80 25.28 24.69 0.340 15 1 9.28 21.73 21.13 0.437 20 1 8.04 18.82 18.23 0.502 30 1 6.34 14.84 14.25 0.589 40 1 5.28 12.36 11.77 0.648 50 1 4.55 10.65 10.06 0.693 1 hr 4.03 9.44 8.84 0.731 1.5 hr 3.03 7.09 6.50 0.806 2 hr 2.49 5.83 5.24 0.866 3 hr 1.83 4.28 3.69 0.915 4 hr 1.48 3.46 2.87 0.949 5 hr 1.25 2.93 2.33 0.964 6 hr 1.07 2.51 1.91 0.948 7 hr 0.96 2.25 1.65 0.957 8 hr 0.86 2.01 1.42 0.939 9 hr 0.79 1.85 1.26 0.935 10 hr 0.72 1.69 1.09 0.903 11 hr 0.67 1.57 0.98 0.887 12 hr 0.62 1.45 0.86 0.854 18 hr 0.45 1.05 0.45 0.676 24 hr 0.36 0.84 0.24 0.482 4/7/2022 VILLAGE OF MOUNT' PROSPECT 50! Si. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT'FROM THE DEPARTMENT OF Community Development William J. Cooney, AICD Director of Community Development DATE: August 17, 2023 CASEI NUMBER PZ -11-23 PUBLIC HEARING DATE August 24, 2023 Ann Choi Development Planner APP'LICANIT/PROPERTY OWNER Aaron Bruder, CAGE Engineering, Inc. Dan, Nlovak, 555 E. Business Center Driive, LLC PROPERTY ADDRESSAOCATION 555 Buisiness Center Drive BRIEF SUMMARY OF REQUEST The Petitioner, Aaron Bruidler of CAGE Engineering, Inc., is requies,ting a variation to reduce the parking, lot setback from ten feet (10') to two feet (2') for the proposed wiidening of an existiing driveway on, the Industrial property located at 555 Business Center Drive ("Subject Property"). The proposal meets the standards for ai variation andl staff is, therefore supportive of the reqluest. 20,22 Village of Mount Prospect Zoning Map A Subject Property .............. ...____ EXISTING . ..... . . . . ..... EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North,: 1-1 Lim,ited Industrial PROPERTY I-1 Limited Single -tenant industrial building East: I-1 Limited lndustrial 2.97 Acres, Industrial with, retaited improvements South: 1-1 Urnited Industrial ... . .......... . ........... . ....... WesC I-1 Urnited Industrial STAFF RECOMMENDATION APPROVE WITH CONDITIONS DENY APPROVE 0 \\Vfs\vfcdh$\PLANPllainin,ing& Zoning CoMM\P&Z2023\Staff Reports\PZ-11-23555 Buis! nessiCentei-Dr (VAR -Parking Setback),.docx I BACKGROUND/PROPERTY HISTORY The Subject Property was annexed in, 19163. A similar variation to permit a, reduction in the required side yard setback from ten feet (10') to four feet (4") was approved in 19,919 via Ord., 51068, Hlolwever, construction was, never initiated and the ordinance has since expiredl. The permit history inclicates, various imiprovements since 1979, including permits for signs, interior remodels, plumbing, roof, electrical and fire sprinklers. The property ownership was transferred to the current property owner in, 2022. The Subject Property contains an existing, one-story warehouse building and is accessed via two driveways,, located along the north and south ends of the Subject Property, The south driveway is less, than twenty-folur feet (24') wide, llocatedl approximately fourteen feet (14') from the south, lot lime, and the subject of the requested variation. Per the Petitioner, the location of the building's (loading area with respect to the site's circulation driveways, for delivery vehicles is insufficient for such vehicles to effectively maneuiver the site without driving over existing curbs, resulting in damages to adjacent (landscaping and areas not generally suitable for truck traffic. PROPOSAL As, the current parking lot setback is ten feet (10') for all non-residential parking facilities, a variation from Section 14.2206(E)(1)(a) is required. The Petitioner proposes to widlen the south driveway to a width of forty-six feet (46') reqluiring the curb of the proposed driveway to, encroach eight feet (8) into the required parking lot setback, or two feet (2) from the south lot line. Per the Petitioner, the proposed widening would allow delivery trucks and other large vehicles to safely navigate the site along paved surfaces, instead of allowing them to drive over landscaped areas or risk collusion with, the building structure. The Petitioner is also proposing m,iinor modifications to, the parking and loading including the removal of existing retaining walls and curbs, adding walkway and a patio, and restriping the parking spaces to iimprove the site's internal circulation. The Petition has been reviewed by all Village departments (Fire, Public Works and Buiilding) with, no objections to the requested variation,, The posed site improvements will be reviewed as part of the building permit, and willl be subijiect to all Village Codes. Lot Coverage —The existiinig lot coverage for the Subject Property is, approximately 47.7'% and willl be increased to 50.5% after the proposed modification are completed. The 1-1 Zoning district permits, a lot coverage of 75%. VARIATION STANDARDS The standards, for conditional uises are listed in Section 14.203.F.8 of the Village Zoning Ordliinianice and inicluidle seven specific findings that miuist 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 injuriouis 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 \\Vfs\vfcdh$\PLAPV' warm 4ng & Zoning COMM\P&Z 20123\5taff Reparts\PZ-11-23 555 Business, Center Dr (VAR - Plark6ng Setbaick).docx 2 The request is in comipliiaince of the conditional uise with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordii,nances,. Per the Petitioner, the present hardship has been, in, effect since the initial development of the property in 1981 and the hardship has, aillso been, perceived by prior property owners. The current conifiguraition of the driveway makes it difficult for dlelivery vehicles to navigate the site. According to, the Petitioner, the granting of the variation would not detrimentailllly affect the public welfaire or other properties in the suirrolundinig area as, the use of the subject property will not be materially changed, and would improve the miainieuv,eraibillity for delivery vehicles for imiproved safety and enihianced access to the property. Per the Petitioner, the granting of the valriationl would also improve potential congestion, on, Business Center Drive by increasing the eaise of access to the Subject Property by Marge delivery vehicles,, The requested variation is not antiicipated to im,oaict the supply of light/air, natural drainage, and property Values. Staff is supportive of the Petitioner's request. Staff does not believe the reduced parking lot setback would have ain adverse impact on the public or adjacent properties as the neighboring properties are similar in intensity as the Subject Property, Othier departments reviewed the Petitioner's proposal and diidi not object to the proposed variation, The redulcedl parking lot setback will not be a detriment or endanger the welfare of the general public and would improve the exiisting s,iite circulation, Staff finds that the standards for a variation have been met. Based on these fundings, 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 a ravalU of the following motion: 'A variation from Section, 14.2206(E)(1)(a) to permit a pairkiing lot setback reduction from ten feet (10') to two feet (2') along the south lot line, as shown) on the plans prepared by CAGE Civil Engineering, dated 07/27/2023, and subject to the following coinditions'. a) Compliance with, all applicable Village Code requirements, inclludliing, but not limited to, fire code alndl bluiiilding, regulations." The Villllaige B�oaird's decision, is final for this cake. ATTACHMENTS: -400— ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to %�- Standlairds, etc...) —00 I concur: Williarn J VCAney, AICP Director of Community DevLpment PLANS (Plat of Survey, Site Pllan, etc,) OTHER (Supplemental Information, Public Comments Received), etc...) \\Vfs\vfcdh$\PLAN\Nannlng, & Zoning COMM\P'&Z 2023\Staiff Reports\P,Z-11-23 555 Business Center Dr (VAR - Parking Setback).clocx Villllagie of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-513'28 Zoiniiinig Reques't Application CaseNumber. P&Z- DateofSubirnissiion: HearingDate:_j�,/_ I. Subject Property - - — ------ Address(es): 656 E. Business, Center Drive Zoning District (s): 111 Property Area (Sq,Ft, and/or Acreage): 129,189 SF (2.97ac) Parcel Index Number(s) (PIN(s,v 03-36-102-009-0000, 03-35-102-011-0000 11. Zoning Requiest(s) (Check all that apply) D Conditional Use: For FXIVahation(s)'- To Reduce required side yard setback from ten feet (110')i to two feet (2') E] Zoning Map Amendment: Rezone From E] Zoning Text Amendment: Section(s) R Other: To I IV. Applicant (all correspondence will be sent to the applicant) Name: Aaron B'ruider Address:: 2200 Cabot Drive, Suilte 326 City, State, ZIP Code; Lisle, IL 60,532 Phone: (630), 51918-00017 Interest in, property: Engineering Consultant Corporation: CAGE Engineering, Inc. Email: abiruder@cagecivii.com (e.g. owner, buyer, developer, lessee, architect, etc...) 1 In consideration of the information conitained 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 Mllounit 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 acc irate to the best of my knowledge. Applicant: , Cate: 06/15/2023 �lignature � �° Aaron Bruder (Prinit or Type Name) If appiucant is not property owner: I hereby designate the appHcanit to act as my agent for the purpose of seeking the zoning request(s) descriibed lin this appolicatlion and the associated supporting maternal. Property Owner: (Signature) Dan Novak. ............................................................................................... (Prinit or Type blame) 2 Cate: V. Property Owner Check if Same as Applicant Narae. Corporation: Address: City, State, ZIP Code: Phone: EmaiL 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 fknowledge. Applicant- my Date: 06/15/2023 (Signature) L; Aaron Bruder (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 sa0ited supporting material. Property Owner: Date: Y (Signature) 1) �� d Vi i, t" � 1/1%, /1-, _ (Print or Type Name) MIMP /4 - under oath, state that I am (print name) M the sole owner of the property El en, owner of the property n authorized officer for the owner of the property commonly described as, j L I` T'4 - (property address and PIN) and that suchproperty is owned by 0J'C' L illit i— L -k,.(" as of this date, (print name) Signature " Ln me this 7 f , day of OWNER'S POLICY OFTITLE INSURANCE NATINAL B B ANCORP TfftE, LLC 70�7 SKOKIE BOULEVAR SUITE 600 , 60062 PHONE: (312)r81 3800 PotiCYN1111,11k, OX -14536785 File Nulnnbei': 301907 hstje Company (I j)y 010 [lep"blic Nahonal Till,(,,! Instirance in wliling reirinired to be given to the Ally notice of clairill arld any other notice OT statfullunt 11 in Section 18 Cornpalty under this Policy "Inst he give ',I to the Coolplany tit tilw e address sho of the Conditions, COVERED RISKS VFRAGE, 111F EXCH)HONS FROM COVERAGE CONTAINED IN SCHFDULE 13, AND THE CONDITIONS, OLD SUBJLCT TO THE EXCLUSIONS FROM CO rida corporation (tbir, "Complany") insures, as of Dale Of policy ands to the extent stated in REPUBLIC NAI MNAL Tlfl E INSURANCE COMPANY, a Flo eebilig the Amount Of it'stff,"Ke, strsta ined Or inCLIrfed by the, Instilled by y, against loss or damage, not Vc C,ovvred Jjjsl,,,s 9 and 10 after Dale of polic reason of 1,'title being vested Wier time as state(l it, schedule A. Z Any defect in or lie], or onctImbifance on tilp, I itle, TWs Covere(I Nsk lnclLj,des but is not limited to "insurance against loss t1O (a) A defect rut t1jo Titlecaused try t on� (jj� foirge[y, f(and, 1,1111due influence, duress, rnc0rnPPt0ncY, irl"Pacrty, Or "" I Pe rsona oli,7�e(j a Iganffer or convayance� Is allith or delivered: (fl) failure of ally PC oil aT Entity to 11,1W cculed, witnessed, sealed. acknowledged, nuta6zed, (6ij a docurnera 11fecting Title not I)TOPCHY cleared, Ox ' (W) f flure to perf orm those Ws n0(;1es9aTY to create a d jacunient by electronic lricalls authorized by law; (v) a document executed under a falWipd, cxp4ed, or otherwise invalid power of attorney; (Vi) a ajcunje�jj not propedy filed,, mm d�ed, or (I indexed in the public Records uucjudjllg failure to pe[fotnj diose acts by electronic Irlearls authorized by law; w (vii) a defective judicial or adiniinishafive proceeding. ontal a uthoritY due Or payable, but u"Paid. (b) The lien of real estate taxes or assessiflBlIts imposed On the I itiv by a governni ecting the Tito that wotild be disclosed by an accurate (c�� Any ancloaChrlient, erICL1111brance, violation, vaiiatron, o[ adverse circumstance all I f e fing iniprovernents located on the Land arj(j complete land survey of the Land. The term "encroachment" includns CncrQ8chn)01 Is 0 x's onto adloinirlg land, and encroachMents OMO tile 'and of existing injIlTeverneols located on adjoirmig land, 3. Unmarketable Title. 4, 0 fight of accp�s to and front the Land. or governmental requilaliOn 011cluding those redafing to hidilding and inning) restficting, 5. 1 lie violation Or Pnfofcefflent of any law, ordinance, Permit, regulating, prohit)iting, or relating to (a I, the occupancy, use, or enjoymei it of the Land� (b) the character, dirnensions, or location of any in 1provernenj orected on the Land„ (c) 1jv , subivisic on of land or (d) elnvimnd"Wntal PfOrlectk)r) brut only to the extent if a notice, (jescrit3ing ally part of the 9 and, is recorded in the public Records setting forth the v�ulat'on Or '11)1 11"tion to onfmce, of illp violation or entoticement referred to in that notice. ARIV C011(dersiVed, By: A , otholizNJO111COT w ticposedAgeNt ORTForm 4309 ALI A 0',vaerS NAQY 011 tl '-C'b OLD RIEPUBLIC NATIONAL TITLE INSURANCE WIN A Stork CompaW 400,5ocondAvelmOSOWIT, KIIIuPV01'5, mnnesm55401 (612) 371-1111 Resident By IL A Attest b, "� C. Ali enloicorrioril action based ora the exercise of a govofinolimial polirn, power riot covered by Covered Risk 5 if as notice of the aniforcorlient action, describing any part of lho Land, is recorded in the Pubfic Records, but only to Or(' exitont of the cofo(celliont lioluiroil train that notico I. [he oxorciso of the rights of eirniflailit dolilain if a notice of the excnrise(Inscribiniq any part of the Land, is recorded ins the Nblic Records, 8. Any taking by as (jovernimental body that has acimired and is bindingi Oil the i ighii of a pordiaser for vairre viviiihor,it Knowk.,figo, 9„ litle being vested other than as stated in, Sche(lu[e A or holig (Wocfive� (a) as a 1i of the avoidance in whole of in pall, oi hoin as couit order providing air allei rernedy, of is Itainsfer of all or any part of the title to or carry inlctesl in the Land occiiiifingi prior to the timisaction vesting Tide as shown in SchedioleAbecausethat i (ii constituted a flailiculant oil prefewintial ifansfes under forlotal bankitulpilcy, slate insolve'ricy, of sinlilarcrieditols, rights; laws; or (h) because thp instrumient of hansfor vesting Tillo as shown, in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolveniiy, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to he timely, or 001 to impart nobee of its exislefice to a purchaser for value or to as judgment or hien creditor. 10. Any defect in or lien or encumbrance on the I isle or other matter included ill Covered Risks I through 9 that has heorl created or attached or has been filed or recorded in Ilia Public Records Subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public liecords that vests Title as shown in Schedule A. flee Company will also pay ilia costs, attorneys, Ices, and expoiiisa incurred in defense of any matter insured against by this Policy, but only to the extent provided in Ilia Condiiiions, EXCLUSIONS FROM COVERAGE The following matters are expressly excluded froini the coverage of this policy, and Ilia Company will not pay loss or dafnage, costs, attorneys' fees, of, expenses that arise by reason ot la� Any law, ordinance, permit', or governmental regulaii1on (including those relaling to bi.Jilldlin() and Zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment at tire Land; ii the character, dinionsions, or location of any improvement erected an the Land, NO the subdivision of land, or (iv) environmental prolectio% or the effect of any violation of those laws, ordinances, or govern- mental regulations. This Exclusion I ba) does not modify or hinlit the coverage provided under Covered Hisk 5, (b) Any governmental l police power, This Exclusion 1(b) (lees not modify or limit the coverage provided under Covowd Risk 6, 2. flights of eminent domain. this Exclusion does not modify or limit the coverage provided under Covered Riisk 7 or 8, 3. Defects, lions, encumbrances, adverse claims, or other inatters 1,q) creatied, suffered, assumed, or agreed to by the Insured Claimant; ib) not Known to the Compairly, riot recorded in the Public Records at Date of Policy, but Known to the Insured Clainiant and not disclosed in wriiting to the Company by the Insured Claimant prior to the date the Inquired Claimant bacarno an Insuied under Ifilis policy; lc) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, thiis; does riot modify carr limil Ore coverage provided under Covered disk 9 and 10)r air (e) resulting in loss or damage Mat would riot have been sustained it the Insured Claimant had paid value for the Title.. 4. Any claim, by reason of rho operation of federal bankruptcy, state insolvency, or similar creditors' rights paws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer,' or fib) a preferential transfer for any reason riot stated in Covered lbsk 9 of this policy, b. Any lion on the Title fo,r real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and Vic date of recording of the dead or other instrument of transf or in the Public Records that vests [illo as shown in Schedule A. Page 2 NMI HDIM 1. DEFINITION OF TERMS I tie following terms when used in this poficyinean: (ai)"AriiokintoflnsLiritl!co": [ Ito aniiotintstated inSCIICCJLJlcA,asfilay be increased or decreased by ondorsoniont to this policy, increased by Section 8(b), or decreased by Sections 10 and I i of these Conditions. (b) "Dalen of Policy": The (late designated as "Daw of Policy" it) Schri A, (c) "Finfity", A rotporation, paiinership, irilsil, Iiiii liability cooliparry, or other sirnilar legal entity, (d) 1nsuirod`: fhe trisiurod named in Schedule A. i0ho terni, 'Insured' also includes (A) successors to the I isle of the Insured by operation of law as distinguished train purchase, ifICILldicgi heirs, devisees, survivors,, personal lepiresprilatives, of next of kin; (B) successors to all Insured by dissolution, verger, consolidation, distribution, of reorganimfici (CI successors to, a n Insured by its conversion to ano I heo kiiind of Entity' - (DI a grantee of an Insured under a deed delivered without payn'lent of actual Valuable consideration conveying the I itte 0I if the stock, shares, nlernbersllps, or other equity interests of the grantee are wholly-owned by the carried Insured, (21 if the grantee wholly owns the named Insured, (3) if ill(, grantee is wholly-owned by an affiliate(] Entity all the nanied Insured, provide(]the affiliated Entity and the named Insured are both wholly-owned by the sante person or Entity, or (4I it the. grantee is a trustee or beneficiary of a trust Created by a Written ifistfulnent established by Hie Insured named in Schedule A fon estate planning puffloses. (irl'U"atiith regard to (A), (R), (C), and 0 reserving, however, all rights anti defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Clainr i°: An Insured claiming loss or damage. (f)'"Knowledge" or `Known `. Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Re.rords or any other records that impart constructive notice of alatters afiecting the Title. (g) 'Land': The land described ill SCIT(JUIC A, and affixed improvavcnits that by law COHStjtLJW real property, The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor- irly right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not onodify or limit the extent that a right of acciess to ind fronii [lie Land is insured by this policy. (h) Mortgage": Mortgage, deed Of trust, il'LJsl deed, of other security instrument, including onip evidenced by electronic moans authorized by law. (i) 'I'Liblic Records": fdecords established under state statutes at Date of Policy for the purpose of imparting constructive notice of niatters, relating to, real property, to purchasers for value and without Knowledge. Kill respect to Covered Risk lbrd), "Public Records" shall also inCILI(IR 8110ir0liffliental protection limns filed ill the recouls of the clerk of file United States DjStfiCl COUltfor the district where the Land is located. (j) "'Title'*: Ilia estate air interest dlescribed in Schedule A. (k) "'Unmarketable Tide", Title affected by an alleged or apparent matter that would permit a prospective purchaser or Ilessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is ai contractual condition, requiring the delivery of fnarketable litlo. 2. CONTINUATION OF INSURANCE The coverar P, of this policy shall COrniVill.118 in forc.e as of Date of Volicy in I ivor of an Insured, taut only" so long as the hisured retains all estate or interest in the Land, or holds an obligation secured fly <a purchase money Mortgage given by a Purchaser from the Insured, or only so long as the Insured shill have liability by reason of warranties ill any transfer of conveyance of the, Title. This policy shift not continue in force in favor of any purchaser frorn the insured of either l0 all estate or interest in Vie Land, or 00 all obligation secured by a purchase money Mortgage given to the Insured. 1 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT the Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured herounder of any claini, of title of, interest [hat is adverse to the Till'o, as insured, and that rnighr cause loss or damage for which the C01illpall'y May he liable., by virtue of this policy, or (ilii) if the Tuttle" as insured, is rejected, as Uninarketablelitle. the Insured Claimant to provide pionipt notice, the, Company's liability to Ilia Insured Claimant Linder the policy shall he reduced tea the extent of the prejudice. PROOF OFLOSS In the event the Cornpany is unable to determine the arnount of loss or damage, the Carnpany may, at its option, require as a condition 01 payment that the InSUrpil Claimant furnish a signed proof of toss. I lie proof of loss must describe the defect, hen, encumbrance, or other natter insured against by this policy that constitutes the basis, of loss or,,damage and shall stme, to the extent possible, the basis of calctilating the amount of the loss or damage, DEFENSE AND, PROSECUTION OF ACTION'S (a) Upon written request by, the insured, and Subject to the options contained in Section 7 of i Conditioins, file Company, at its ovivin cost and Without Unreasonable delay, shall provide for the defense of an Insured in litigation ill which any third partyassorts a claire covered by this flaficy adverse to the ]insured. This obligation is limited to only those stated causes of action aHeging niatters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the InSLJlred as to those stated Causes Of aC6011 It shalt not be liable for and will not pay the fees of any other counsel. The Company will riot pay any fees, costs, or expenses incurred by flie Insured in the defense of those CaLKSPS Of action that allege ,natters not insured against by this pi (b) 11 lie Company shall have the right, in addition to [lie options contained ill Sccfioiii 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or carriage to the Insured. The Company may take anyappropi-late action under [lie terms of this policy, whether or not it shall be I iable to tile Insured. The exercise of these righ Is shall not be an admission of liability or waiver of any provision of this pohcy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an, action or aisserts a defense as required or permitted by this policy, the Company may pursue the litigation to a finall determination by as court of competent jurisdiction, and it exprossly reserves the right, in its sale discrotion, to appeal any adverse judgment or order. f 13 qP 3 xminiflnuhIMMI 6, DUTY OF INSURED CLAIMANT TO COOPERATE (a) In alll cases where this policy perrnits or requires the Cornpany to prosecute or proivide for the defolm,, oif any action Of nroc(,eding and any appeals, the Ill shall sectfie to the Col life right W so prosecute or provide defense in, the action or proceeding, including the right to use, al its oplion, Clue nainie of the Insured U 1hiS pLJfp0S0L WhOl Wquested by the Company, 1hp Insuifid, at the Company's experise, shall give the Couipany all reasonable aid (i) inl securing evidence, obtainim witnesses, piuseciaing Of defending the action w proceeding, or effecting slattlerilent, and (k) in any other lawfulact that in the opinion of the Company may be necessary or desirable to establish file Title or any other iffaller as insured. If tine Company is prejudiced by Inc faillUre of 1111P Insured to furnish the f1equiredirooperation, the ConipanVs obligations to the Insured under the policy shall ternlinate, including any liability or obligation to defend, prosecwe, or continue any litigation, wrath regard to'the frialler or tnattlets requiring such cooperation, (b� The Company inay reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may he designated by the authorized representative of the Company, all records, in whatever medium maiintained, including books, ledgers, checks, nrernoranda, cof resporidence, reports, e-mails, disks, tapes, and videos whether bearing a il before of atter Date of I'loficy, that reasonably pertain to the loss or damage. FuNfiler, if requested by any authorized representative of the Company, the Insured Claimant s4all grant its permission, in wfifing, for any altifliuri7ed representative of the, Company to examine, inspect, and copy all (if those records if) the CUSIG(ly Of Control of a third party that reasonably pertain to, the loss or damage. All information designated as confidlonliaf by the Insured Claimant provided to 118 Coil PlLirst)aot 10 this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it ps necessary in the administration, of the clairfir. failure Of the Insured Claimant to submil for examination Under oath, produce any reasonably requested information, or grant perrnission to secure reasonably necessary information from third pallieS as rKlUill8d in this subsection, onless, prohibited by law or governmental regulation, shall terminate any liability of the Cornpany under flfis policy as to that claim, 7. OPTIO,NSTO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall) have the following additional Options: ¢a) -fo Payor ender Payment of the Amount Of lHSUraTTe. -To play or tender payment of the Arnotj,W of Insurance under this policy together with any costs, attorneys" fees, an(] expenses incurred by the insured GlaiaranI that were authorized by the Company up to the lime of payrnent or tender of payment and that the Company is obligated lo pay. Upon the exercise by Itile Company of this option, all liabdily and obligations of the Company to the lfw,ireid under this policy, other than to make the payment required in this subsection, shall: terminate, includiing ,any habilily or obligation to defend, prosecute, of contin- up, any litigation. (Lij To Payer Otherwise Settle With Parties Other Than the Insured or Wi0i the 41SUf6d Cldiolallt. Ci) To pay of Otherwise settle With other paoies for or in file name Of 811 IHSLIfed Clafniant any daini insured against under this policy. In addition, the Company will pay any costs, attorneys' tons, and expenses incurred by tire Insured Clairriant that were authorized by the Company up to the, brie of paynimit and that the, Company is o4galed in pay; or (ii) To pay or olhafwise settle with, the Insured Cfairriant the loss of dallilge provided tor under this policy, logothur Willi any costs, attorneys' fens, and exp(Nises incurred by the Insuirod Clairriant that were authorized by ft,., Cornparly up to Orr? firne of p'.'uynilent and that the Company as Obligated to pay. Upon the exorciso by Ofe, Company of eillier of 111p, oplions provided for irl subsoulions (NIO or (ii), the ("Onipany's Obligations to life Insured under this policy for the clainied loss or damage, other than [lie payments rplquired to be roade, shall lerfininalte, including any liability or obligation to defend, prosecute, or corifinilre any Litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of inderninity against actual monetary loss or darriage sustauflud or incurred by the Insured Claimant who has suffered loss or darnago by reason of niattors insured against by this policy. W The extent of liability of the Company for loss or dainage under this policy shall not exceed 11111" lesser of 10 the AnI101-1111 Of InSilianCe; 'Of (ij�i the difference between the value of the Tiflc, as insured and the value, of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under S00on 5 of these corlditionsand is unsuccessfi'd in establishing die Title, as insured, 0) the Amount of Insurance shall be incre.ased by I O'l/o, and (id) the losurecl Claimant shall have the right to have the loss or damage iffnlerrnined ll as of (he date the claim was inade, by the Insured Clainlara Of as of the, date it is spilled and paid. (cl In addition to lhe extent of liability UfldPf (a) and (b), life Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions, 9. LIMITATION OF LIABILITY (d) If the Company establishes life Title, or reinoves the alleged defect, hen, or anGoiribrance, Or corns the lack of a right of access to or from the [and, or cures the clairn of Unmarketable Title, all as insured, in a reasonably diligent mariner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respoct to that rriatter and shall not tic liable for any loss or damago caused to the Insured. lb) In the ovent of any lifigation, iflClUdifig litigation by the Cornparly or with the Corripany's consent, the Conipany shall have no liability for loss or damage until there has been a final determination by'a court of competent jurisdiction, and disposition of all appluals, adverse to ileo Title, as insured. (d The, Company shall not be liable for loss or dalinage to life Insured for liability voluntarily assunied by the Insured in settling any claim or stat Without 1110 prior written consent of the Golrnpany. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LI'ABI'LITY All payments under this polk-,Y, except fmymews l for, costs, allorney's, fees, and expenses, shall reduce the Arnoont of lnsurance� by the amount of the payniont, Nflummmmm] 11. LIABILITY NONCUMULATIVE The Aniount of Insufaince shall be fedLiCed Illy dfly di11100111 1110 COrnpElfly pays under any poky y insuring a Mortgage to vvh4lh excepfion is hakpri ill Schedule B nit to Which the hisured has agreed, assumed, or taken subject, Of' Which is exiectfled by all Insured after Date of Pollcyand which is a: charlo. or 14,m oil tho rifle, and Iiia alliolint so p'lid shall be deefried a pay"lool to the hisufled Linder this policy. 12, PAYMENT OF LOSS When liability and the extent of loss or danlagrr have troon definitely fixed in accordance with these Conditions, the paylifient shall be inadu withill 30 days. 11 RIGHTS OF RECOVERY UPON PAYMENT Oil SETTLEMENT (a) Whenever the Cornpany shall have settled and paid a claim under this prificy, it shall be, subrogatod and entitled to the fights oil the insured Clamianit in the I life and oil other rights and remedies ill respect to the clairui that, the insured Clairrianit has aqginigi 'lily person or firopolty, to lire extent of the fliniount of arly loss, costs, attorneys' fees, and expenses paid try 1110 Company, If re(limsled by the Company, the Inquired clainiant shall execute doculneills to evidence the transfer to the Company of Illese rights and irfunediles. The Insured Claimant shall permit the Company to sup" c ornprol I'll i so, of settle in the liame of tire 10181 -fired Claimant and to use the narrip of the Instifil claililant in any trallsaction or litigation involving 01080 rights and fatriediuis' If a payment oil accomil of a clairri does riot fully cover tire loss of the lirsuired Claimant, flie Collipwily Shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) I he Company's right of 51-ji11rogation includes the rights of the Insured to u11d0flIllifiCS, guaranties" 0th0r policies of insurance, or bonds, notwithstanding any terms or conditions conlairipirf In those instruments that address SLibrogation rights. 14, ARBITRATION Either the Company or the Insured may demand that the clairni or C01040VOrSY shall be SlUbfilitted to arbitration pursuant to the Title Insurance Arbitration Rules of tlldr American Land Titfe Association ("Rules"). Except as plovided in the Ruirs, them shall be, no joinder or consolidation Willi claims or contnovolsies of other persons, Arbitrable inal teas inay include, but aira, not hinited to, any controversy or dainil between the Company and the lnsulled alising out of or relatirrig to this policy, any service in conlim-Aimr with its issuance or lim, breach of a policy provision, or to any other conlroversy or clairn arising nut of the transaction giving rise to this frillicy. All aiNtratife. matters when the Amount of Insurance is $7,0001,10010 or less shall be arbitrated at the option of either the Company or the Insured, All arbitrable matters when 11w Amount of insurance is in excess of $2,000,000 shall be arbitrated only when agreed to lay both Ifle Company and [lie lllsrjred. Arbitration pursualil to this policy and uindor the Holes shall be binding upon [fie parties. Ard(1018W UnOfr the award rendered by 1110 Airbillalor(s) may be entered ill any court of competerit juirilsdictioill, 15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE COW TRACT (a) This pollicy togellier with all ondorsoments, It any, attached to it by the Con'r,;'.)any is the onfire policy and contract betwoon the Insured and the Company. In interproting any provision of this policy, this policy shallhic, conquilied as a whole, 11)) Any claim of loss or damage that arises out of tf'10 Status Of the Title or by any action asserting such Clait'll shall be restricted to this policy. (c) Airy amierldrinent of or endolsernorit to this policy must be in lwu ming and authenticated by all authorized person, or expressly incorporated by Schedule A of this policy, (d) Each endwsm-niont to this policy issued alt any time is made a part of this policy and is subject to all of its terms and provisions. Except as the andoisenient exptessly states, it (lops not Ill modify ally of the tPrrrls and provisions of the policy, (iij modify any prior endorsement, lulu) extend the Date of Policy, or liv) increase the A111101lill of Insurance, 16. SEVERABILITY Ill the event any provision of this policy" ill Whole of ill pall, is held invalid of unenforceable ondw apifificable law, the policy shall be dearned not to include that provision air such pall held to be invalid, but all other provisions shall rernain irn full force ililld effect, 17. CHOICE OF LAW FORUM la) Chtlicooftaw: fie Insured acknowledges the Cornpanyhas underwritten the risks covered by this policy air(] determined tire POTIJUM charged therefor iin rehance upon the law affecting interests in, real property and apipficablo to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Theilefore, the court or an arbitrator shall apply Me law of the jurisdiction where the Land is located to determine the validity of clainis against the Title drat are adverse to the hisured all(] to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to deter- mine [lie applicable law. (b) Choice of Forum: Any litigation of olher proceeding brought by the Insured against the Cornpany nit.21 be filed only in a state of federal court Within the United States of America or its teirritoldes, having appropriate julfisdirtiom 18. N OTI CES, WH ER E SENT Any notice of claim and any other notice or staterilleill in Writing required to be given to tire Company undei [his policy most be given to the Company at 4010 Second Aventle South, Minneapolis, Minnosola b5401-2499:. Old Republic National Tills Insurancc Company SCHEDULE A File No.: 301907 Policy No,: OX -14536785 Address Reference: 555 East Business Center Drive Annount of Insurance: $1,592,500.00 Preniiurn: $3,050,00 Date of Policy: Decernber 9, 2022 1. Mame of Insured: 555 Business Center Dr., LLC 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: 555 Business Center Dr., LLC 4. The Land referred to in this policy is described as follows, See Schedule C Underwriter: Old Republic National Title Insurance Company Issued By Authorized Agent: National Builder & Bancorp Title 707 Skokie Boulevard, Suite 600 Northbrook, IL 60062 Authorized Signatory Old dtep3i blic Nwional °Tifdc dnsurnincu Compuuury File No,: 301907 Policy No.: OX --14536785 This policy does not insure against loss or damage, and the Company will not pay costs', attorneys' fees„ or expenses that arise by reason of; I�.l I Y t � � 'l L1�� y yy ■■ y� }w i. 2021 taxes have been paid GENERAL2022 TAXES ARE NOT YET DUE OR PAYABLE. xTAXES YET DUE OR PAYABLE. x w 03-35-102-011-0000 2021 taxes have been paid 2022TAXESNOT YET DUE OR 3. EASEMENT IN FAVOR COUNTY w, MUNICIPAL 1.CORPORATION GRANTED 1RIE PIEPENBRINK, AND RECORDED SEPTEMBER 10, 1941 AS DOCUMENT 12753770 FOR THE PURPOSE OF LAYING AND MAINTAINING TILE, DRAINS, CATCH BASINS WITH THE RlGHT OF ENTRY THEREON OR REPAIR (AFFECTSAMLAND) 4UTILITY EASEMENT AS DEPICTED ON THE PLAT OF KENSINGTON CENTER PHASE I RECORDED OCTOBER2,19791 DOCUMENT 25173362 O AS SHOWN O PLAT KENSINGTON CENTER PHASE x RECORDED MAY 4,19,81 AS DOCUMENT 1. L � "'. x ®may � "". r• � l � �, x � x. x r 1 i• l Old Republic National Title I nstiraocc Company 8, EASEMENT FOR ACCESS, STORM DETENTION AND DRAINAGE OVER THE EASTSIDE OF THE LAND AS DEPICTED ON PLAT OF SUBDIVISION - KENSINGTON CENTER-PFIASE THREE -A RECORDED MAY 4, 1981 AS DOCUMENT25859082 9. EASEMENT IN FAVOR OF COMMONWEALTH EDISON COMPANY AND CENTRAL TELEPHONE COMPANY OF ILLINOIS, AND ITS/THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,, TO INSTALL:, OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED MARCH 4, 1980 AS DOCUMENT NO. 2538,0234„ AFFECTING THAT PART OF THE LAND 101, RIGHTS OF THE PUBLIC, THE STATE OF ILLINOIS AND THE MUNICIPALITY IN AND TO THAT PART OF THE LAND, IF ANY, TAKEN OR USED FOR ROAD PURPOSES 1' 1. MORTGAGE DATED DECEMBER 9, 20122 BY 555 BUSINESS CENTER DR,, LLC TO SIGNATURE BANK AND RECORDED ON DECEMBER 9, 2022 AS DOCUMENT NUMBER 2234228212, IN THE AMOUNT OF$954,250.0O, 12. ASSIGNMENT OF RENTS DATED DECEMBER 9, 2022 BY 555 BUSINESS CENTER DR., LLC TO SIGNATURE BANK AND RECORDED ON DECEMBER 9,202'2 AS DOCUMENT NUMBER 2234228213, Old Republic Nasional ThIc Insurmice ('0111pally SCHEDULE LEGAL DESCRIPTION LOT 108 IN KENSINGTON CENTER -PHASE THREE -A, BEING A SUBDIVISION AND RESUBDIVISION IN PART OF THE NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER PLAT THEREOF RECORDED MAY 4, 1981 AS DOCUMENT NUMBER 2�5853082, IN COOK COUNTY, ILLINOIS, I CKk 555 East Business Center Drive�, Mount Prospect, IL 60056 PIN(S): 03-35-102-009-0000,03-35-102-011-001010 Fora more in-depth look at government finances and how they affect Your taxes, visit cookeounlytreasurer.com PAY YOUR TAXES ONC LINIE Pay at cookcountytreasurer.com from your bank account or credit card, 2021 TOTAL TAX 59,063.22 2022ESTIMATE X 65% 20221st INSTALLMENT 32,484.77 The First Installment amount is 55% of last year's total taxes. All exemptions, such as homeowner and senior exemptions, wffl be reflected on your Second Installment tax bill. TATUM 4 LLC 655 BUSINESS CENTER DR 1001 FEEHAN:VILLE DRfVE MOUNT PROSPECT IL 60056 MT PROSPECT IL 600566006 Please see 2022' First Installinent payment Coupon next page 2022 First Instalinnent Property Tax Bill �- Cook County, Electronic Bill $0.00 Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification By 0410312023 03-35-102-009-0000 235 3,8082 2022 (2023) WHEELING 6-63 IF PAYING LATE, 04104/23.05101123 05/02/2346/01/23 016/02123-07101/23 LATE INTEREST IS 1.5% PER PLEASE PAY KOO $0,010 $0.00 MONTHI, BY STATE LAW 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 Wheell $11,080,667 $7,9160,,421 4824,31117 1101,36% Metro Water Reclamation Dist of Chicago $3,327,854,000 $3,020,080,0010 $1,168,985,000 61,29% River Trail's Park Dist Prospect Heights $9,992,525 $9,344,992 -$346,837 103.71% Harper Coll Comm College 512 (Palatine) $385,967,009 $71.570,388 $71,570,388 0.010% Township HS District 21�4 (Arlington His) $174,084,349 $270,533,348 -$10,941i.244 104.04% Mount Prospect Public School District 57 $3,205,837 $30,039,042 $13,7010,095 54.39% Village of Mount Prospect $168,137,977 $365,344,346 $99,691,444 72.71% Town of Wheeling $12,81'3 $5,287,671 $0 100.00% Cook County Forest Preserve District $233,103,051 $540,107,634 $328,420.2'80 39.19% C011.1111ty of Cook $8,0,19,310,814 $291,739,673,504 $17,090,063.066 42.53% Total $12,322,749,042 $34,059,9411,346 $18,760.317,875 Fora more in-depth look at government finances and how they affect Your taxes, visit cookeounlytreasurer.com PAY YOUR TAXES ONC LINIE Pay at cookcountytreasurer.com from your bank account or credit card, 2021 TOTAL TAX 59,063.22 2022ESTIMATE X 65% 20221st INSTALLMENT 32,484.77 The First Installment amount is 55% of last year's total taxes. All exemptions, such as homeowner and senior exemptions, wffl be reflected on your Second Installment tax bill. TATUM 4 LLC 655 BUSINESS CENTER DR 1001 FEEHAN:VILLE DRfVE MOUNT PROSPECT IL 60056 MT PROSPECT IL 600566006 Please see 2022' First Installinent payment Coupon next page Pursuant to Cook County Ordinance 07-0'-68, if you, are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILCS 200120-12, you may not pay using a downloadable taut Dill unless you pay the duplicate gill' fee. r '�l%/%A/✓f/1�11'l% „'( 11/'Wy,`/ri///6�/%/r'' /j/ �m;i!!//Or,/6//illi/l/,%/�/�i�%//!//,NMI, chi%Properly Index NUmber (PIN) Volurne n/��iG�/i,c�ii%X06,,.,.%. +,0 M1 soMill, 1 1Al fel/ 235 By t.,, a..23 Anmril NA laterreforto SiN 0020220100 RTN 500001076cw " nln". 001000033510210019000070089224000000000000000000io00000000000000io100000oi000io This is an Official Downloadable Tax Bill Payment Coupon, COOK COUNTY TREASURER Please process this coupon along with payment presented, PO BOX 80 436 CH'I'CAGO IL Frtl680 4116 1 ��'LIII� �A �1�I�i11�11 PAY iUR TAXES ONLINE 1'311 AMAdQ. d L I W& U 9 • w T'k 4- k imjUI III. 2021 TOTAL TAX 143,22 2022 ESTIMATE X 55% 2022 1st INSTALLMENT 78.77 The First Installment amount Is 55% of last years total taxes All exemptions, such as homeowner and senior exemptions, vlrill be reflected” on your Second Installment tax trill. Ins TATUM 4 LLC - 555 BUSINESS, CENTER. OR 1001 FEEHANVILLE DRIVE MOIUNIT PROSPECT IL 600,56 NIT PROSPECT IL GPr0561 006 Plea,se see 2022 First fnstaffrrren't Payment Coupon next page ��„ 20122 First Installment Property Tax Bill - Cook County Electronic fill Property Index Number (PIN) Volume Code Tax Year (Payable In) Township ciclassification' By 000312023$0.00 03.35.102-0'111-0000 235 38082 2022 (2023) WHEELING 1-00 IF PAYING LATE, 04d04123-05101123 05/02123-116/01123 06102/23.07101123 LATE INTEREST IS I.5% PER PLEASEPAY $0.00 $0.00 $0,00' MONTH, BY STATE; LAW r Pr r ww , Pension and Amount of % of Pension arid 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 $1,080„667 $7,960.421 $824,317 1101,36% Metro Water Reclamation Dist of Chicago $3,327,854,000 $3,020,080,000 $1,168,985,000 61.29% River Traits Park Dist Prospect Heights $9,992,525 $9,344,992 -$346„837 1,03.71% Harper Coll Comm Coliege 512 (Palatine) $385,967,009 $71,570,388 $71,570',388 0.00% Township HS District 214 (Arlington Ht's) $174,084,349 $270,533,348 -$10,9411,244 104.04% Mount Prospect Public School District 57 $'3,205,837 $30,039„042 $13,700,095 54.39% Village of Mount Prospect $168,137,977 $365„344,346 $99,691,444 72.711"r°m Town of Wheeling $12,,813 $5,207,671 $0' 1100.00°! Cook County Forest Preserve District $233,103,051 $540,107,634 $328,420,280 39.19%q County of Cook $8,019,310,814 $29,739,673,504 $17,090,063,066 42.53% Total $12',322,749,042 $34,059',941,346 $18,760,317,875 For a more in-depth look at government finances and how they affect your taxes, visit cookcounWfeasurcr.com, PAY iUR TAXES ONLINE 1'311 AMAdQ. d L I W& U 9 • w T'k 4- k imjUI III. 2021 TOTAL TAX 143,22 2022 ESTIMATE X 55% 2022 1st INSTALLMENT 78.77 The First Installment amount Is 55% of last years total taxes All exemptions, such as homeowner and senior exemptions, vlrill be reflected” on your Second Installment tax trill. Ins TATUM 4 LLC - 555 BUSINESS, CENTER. OR 1001 FEEHANVILLE DRIVE MOIUNIT PROSPECT IL 600,56 NIT PROSPECT IL GPr0561 006 Plea,se see 2022 First fnstaffrrren't Payment Coupon next page ��„ 2022 First Installment Property Tax Bill Pursuant to Cook County Ordinance 07-0.68, if you are a mortgage lender, lagan servicer, or argent of any entity within the meaning of 35 ILCS 200120.12, you may not pay fusing a downloadable tax bill unless you pay the 5 duplicate bill fee„ This is an Official G7ownlaradaWe'Tax Bili payment Coupon, COOK COUNTY TREASURER PI'ease process this coupon ai'ong with payment presented. Pub BOX 805436 CHICAGO PL 60680.4116 SPECIAL WARRANTY DEED Statutory (1111nois) mail to: Camlyu D.Stralkamn-ter 1001 FechamBle mount N, 52598 Above space f6i'ruvellue Stamps Docit, 2234228211 Fee: $98.00 Karen A Yarbrough Cook County Clerk Date' 1210812022 01:30 RA Pg: I o�f 3 Dec 10 20221101699059 SUCO Stamp 2-1111-206-736 ST Tax $1,592.50 CO Tax $ 706,25 Abve space toy recorcfi�r's use only, The GrantorTATUM 4, LLC, an 11111nois limited flability company, 1001 Feel,aj)vHje Drive, Mount Pro5pect, Illinois 60tt56 (Grmilor"), created and existin under rand by virtue of the Laws of Tile State of Illinois, for consideration oft e sum of Teti Dollars ($10.00), in Mild paid, and of other and valuable consideration, receipt of which is hereby duly acknowledted, Convoys and Warrants to: 555 BUSfNESS CENTI.�,R DJUVIS, LLC, all 1111nois limited liability company, 1016 E, Noilltwest Highway, M011111 Prospect, liffilois 60056 ("Grantee"), created and existing under an(] by virtue of the I..aws of'tIle state of Illinois, ill] interest in the followir)g described real estate hi the Colinty of Cook and State of Illinois ("Property"), to wit: SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEIMOF SUBJECT TO: 2022 General real estate taxes riot due and payable at thue of closing; special assessments confirmed after convact date; building, building line and use or occupancy restrictions, conditions and covenants of record; zoning laws and ordilinuces; casements for public utilities; drainage ditches, feeders, lateralsand drah tile, pipe or other conduit. Property Address: 555 E, Bushless Center Drive, rviount 11rospect, Illinois 60056 Permanent Index Numbers(s): 03-35-102-0109-0000 and 03-35-102-01 I -000o Dated this; December 1, 2022 GiTantor, for itself, and its successors, does covenant, promise, and agree to Warrant and forever Defend all asid singular the Property u-nto Grantee, its successors turd assigns, against every poison whosoever lawflilly claiming, or claim the same, or any part thereof, by flirough, or under Grantor but riot otherwise. TATUM 4, LLC SPECIAL WARRANTY DEED Statutory (111inois) carollyn't). str"11111111111cl. 1001 Feebanville Drive mount The Grantor, TATUM 4, LLC, an Illinois limited liability company, 1001 Fechanville Drive, Mount Prospect, Illinois 60056 ("Grantor""), created and existing tuider and by virtue of (lie Laws offlic State of Illinois, for consideration of the sum of Ten Dollars ($10,00), in hand paid, and of other and valuable consideration, reccipt of which is hereby duly acknowledged, Conveys and Warrants to: 555 BUSINESS CENTER DRIVE, LLC, an Illinois limited liability company, 1016 E. Northwest Highway, Mount PrOspeo, Illinois 60056 ("Grantee"), created and existing under and by virtue of the Laws of the State of Illinois, all interest in the following described real estate in the County of Cook and Slate of Illinois ("Property"), to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO: 2022 General real estate taxes not due and payable at time of closing; special assessments confirmed after contract date; building, building line and use or occupancy restrictions, conditions and covenants of record; zoning laws and ordinances; easements for public utilities; drainage ditches, feeders, laterals and drain tile, pipe or other conduit, Property Address: 555 E. Business Center Drive, Mount Prospect, Illinois 60056 Permanent Index Numbers(s): 03-35-102-009-0000 and 03-35-102-011-0000 Dated this: December 1, 2022 Grantor, for itself, and its successors, does covenant, promise, and agree to Warrant and forever Defend all and singular the Property unto Grantee, its successors and assigns, against every person whosoever lawfully claiming, or claim the same, or any part thereof, by through, or under Grantor but not otherwise. TATUM 4, LLC r LINA BERT LINI, MA AGER STATE OF ILLINOIS )SS COUNTY OF COOK 1, the undersigned, a Notary Public in and for said County, in State aforesaid, DO I IEREBY CERTIFY THAT Gina Bertolfifl, personally known to ante to be the Manager ofTATUM 4, LI,C, an Illinois limited liability company, and personally known to rine to be the sarne person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge<] that as such Manager, she signed, sealed and delivered the said instrurnent amid caused the sea] of said company, as her free and voluntary act for the uses an(] purposed therein set forth. Given under iny hand and notarial seat, this I" day of December 2022. PREPARED BY: Carolyn D. Strahanuner, Esq. 1001 FecharivilleDrive Mount Prospect, Illinois 60056 TARY PUBLIC E i CAROLYN STRAH'AMMER Offlcial Seat Notary Ptiblic - State Of 1111nols my Commission FxpVes Sep 22, 2026 El ( :�-xff i R- I -r A BEING A SUBDIVISION AND RESUBDIVISI IN PART OF THE NORTHWEST 114 AND THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, -©N 11, EAST OF THE THIRD PRI NC I PAL ME RIDAN, AS PER PLAT THEREOF RECORDED MAY 4,1981i AS DOCUMENT NUMBER 2'5853,082, IN COOK COUNTY, ILLINOIS, mm 17mmmAWKWAN 11111 1IT11 "T 555 E. Business Center Drive Mount Prospect, IL Zoning Request Application Responses to Applicable Standards Please refer to the below responses provided as per the applicable standards for a zoning variation in accordance with ViHage of that Mount Prospect requirements. As is noted in the Zoning Request Application packet, it is understood A variation from the zoning regulations shall I not be granted or recommended for approval by the Planning and Zoning Commission unless findings of fact based on evidence are made in each specific case that affirm the following standards: L Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a irnere inconvenience if the strict letter of the regulations was to be applied-, Applicant Response. The location of the building's loading area, with respect to the site circulation driveways for delivery vehicles, is insufficient for such vehicles to effectively maneuver the site without driving over existing curbs, thereby resulting in damages to adjacent landscaping and areas which are not generally suitable for truck traffic. In order to allow for effective maneuverability for delivery trucks, and relieve the associated hiards,caipe to the property owner, it is therefore necessary to reduce the required side yard width, to allow for a, widening of the driveway such that trucks, can safely navigate the property. 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; Applicant Response: It is not understood that other similarly -zoned properties are subject to the conditions as, described above. 3. The purpose of the variation is not based primarily upon a desire to increase financial gain-, Applicant Response: The purpose of the request is, solely to improve site niavigabillity and safety for dellivery vehicles. 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently Ihaving an interest in the property; Applicant Response. To the best of our knowledge, it is understood that the present hardship has been in effect since the initial development in, the property in c. 1981. Additionally, the hardship, has also been perceived by prior property owners: ain, ordinance (Ordinance No. 5068) granting a variation in, the required side yard similar in, nature to what is presently being requested was previously applied for and approved in 1999; however, construction was never completed and the ordinance was, voided. S. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; Applicant Response.- It is our understanding that the granting of the vairiaition would not detrimentally affect the public welfare or other properties in, the surrounding area as the ,use of the subject property will not be materially changed; the improved maneuverability for delivery vehicles will only serve to improve safety and access, to the property. 6. The granting of the variation will not alter the essential character of the neighborhood; and Applicant Response. As noted above, the use of the subject property will not be materially changed as a, result of the granting of the variation; the essential character of the Kensington Center business, park will therefore not be altered. T The proposed variation will not impair an adequate supply of IligPub and air to adjacent property or substantially increase the congestion of the puNic streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Applicant Response: As, noted above, the improved maneuverability for delivery vehicles, willl only serve to improve safety and access to the property. Congestion of public streets would only be improved by increasing the ease of access to the property by large delivery vehicles, and none of the other elements as 11isted (supply of light/air, natuirall drainage, property values) will be impacted. Should you have any questions or comments upon completion of your review, please do not hesitate to contact me at 847-849,-7726 or abruder@cagecivil.coim. Sincerely, CAGE ENGINEERING, INC. Aaron Aruder, P.E. Director of Engineering - Illinois OWNER/CLIENT CURRENT P.I.N.: SURVEYED AREA LEGEND TOPOGRAPHIC SURVEY SURVEYOR'S NOTES BENCHMARKS G 555 BUSINESS DRIVE (.I /CT TOPOGRAPHIC SURVEY KENSINGTON CEN TETER PHASE 3 A I 'J>,f I I el ou �. SR94/5/ W.1B8 r �a) SURVEYOR'S NOTES BENCHMARKS 555 BUSINESS DRIVE L,WIi��r�I g MT. PROSPECT, ILLINOIS TOPOGRAPHIC SURVEY August 28,, 2023 Firorelf- MIG Development Rlanner Community Development Department Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 6C9056 RE: PZ -11-23 155.5 E. Business Center Drive Parking Lot Setback Variation Application Second Reading Waiver Request I hope this message finds you well. I am writing to you on behalf of our client, Novak & Parker Home Appliance ("Novak & Parker"), regarding the parking lot setback variation for which we have applied with respect to the property located at 555 E. Business Center Drive in the Village of Mount Prospect. The variation request was presented before the Village's Planning and Zoning Commission by Village staff, CAGE Engineering, Inc., and Novak & Parker in the form of a public hearing on Thursday, August 24, 2023, and received a unanimously favorable recommendation from the Commission. We understand that the next step in the Villlage's process for the variation application will be for the request to be presented at the next Village Board meeting - expected to be held on Tuesday, September 5, 2023 - for its first reading. A second reading of the variation request and a formal vote by the Board would then be completed at the following Board meeting - expected to be held on Tuesday, September 19, 2023. Per our separate correspondence, we understand that the Board may consider waiving the typical requirement for a second reading of the request prior to taking action and voting on the matter. As such, please consider this letter to be a formal request for the second reading to waived and for the Board to vote on the variation request after the first reading at its next regularly-schedUled meeting. Our client would benefit greatly from the immediate action by the Board, should the request be approved, as it would provide additional time to allow for the Vfflage's building permit review and eventual construction such that the project could be completed this year. Furthermore, given the unanimous recommendation by the Planning and Zoning Commission in addition to the support of staff that the request has been provided to -date, we are confident that the Village Board has been provided with substantial evidence as to swiftly adjudicate on this matter. Thank you for your consideration and please do not hesitate to contact me should you have any questions. Sincerely, -1117 Aaron J. ruder, PE Director of Engineering - Illinois MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -11-23 Hearing Date: August 24, 2023 PROPERTY ADDRESS: 555 Business Center Drive PETITIONERS: Aaron Bruder of CAGE Civil Engineering Daniell Novak (Property Owner) PUBLICATION DATE: August 09, 2023 REQUEST: Variation to the Parking Lot Setback Requirement MEMBERS PRESENT: William Beattie Thomas Fitzgerald Walter Szymiczak Donald Olsen Ewa Weir Greg Miller MEMBERS ABSENT: Joseph Donnelly Norbert Mizwicki STAFF MEMBERS PRESENT: Ann Choi — Development Pllainner Mo Wuhan— Development Planner INTERESTED PARTIES: Aaron Bruder of CAGE Civil Engineering Daniell Novak (Property Owner) Vice Chairman Beattie called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion seconded by Commissioner Weir to approve the minutes from, the Planning and Zoning Commission meeting on July 27, 2023. The minutes were approved S-0 (Commissioner Fitzgerald abstained). Vice Chairman Beattie introduced the first item of business: Case PZ -11-23, SSS Business Center Drive, a request for a, variation to the perking lot setback at the subject property. Ms. Choi exhibited aerial photos of the property from several exterior perspectives. Ms. Choi explained that the Petitioner's request was to reduce the parking llot setback from, 10 feet to 2 feet for the proposed widening of an existing driveway. Ms. Choi stated that the subject property is located in the Kensington Business Center at the terminus of Wheeling Road and Business Center Drive. Ms. Choi added that the subject property was annexed into the Village in 1963 and includes improvements of a, one-story warehouse that is accessed by two driveways. Ms. Choi noted that there have been several building permits issued to the property since 1979 for signs, interior remodels, plumbing, roof, electrical, and fire sprinklers. Ms. Choi stated that the property is owned by 5SS Business Center Drive LLC and serves as a distribution center for Novak & Partners Home Appliances. Ms. Choi explained that Novak & Partners Home Appliances have a PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -11-23 storefront on Northwest Highway, have been in Mount Prospect since 1963, and have been a, family - ow rued business for over 100 years. M�s. Choi elaborated that the Petitioner is also requesting, minor modifications to the parking, and loading. Ms. Choi exhibited a photo of the demolition plan, illustrating the removal of existing retaining walls and curbs, areas of asphalt pavement removal, milling, and overlay for the entire perking lot, and restriping, the parking, spaces to improve the site's internal circulation. M�s. Choi explained that the existing driveway to the south has a sub -standard driveway width of less than 24 ft, and that the existing parking lot setbacks along the south Ilot line range from, 11 feet to 14.7 feet. M�s. Choi stated that the Petitioner proposed to widen the driveway to 46 feet, and to reduce the parking lot setback to 2 feet along the south Ilot line. Ms. Choi added that drive aisles w�rhich extend more than 24 feet in width must be approved by the Director of Community Development, and that the Director has reviewed and approved the widening of the driveway to 46 feet. M�s. Choi displayed a photo of the subject property aillong the south Ilot line, and explained that the driveway would be widened toward the right. Ms. Choi explained that, per the Petitioner, the existing hardship has been in place since the initial property development in 1981, and that the present hardship has been perceived by previous property owners. Ms. Choi explained that the current configuration of the driveway makes it difficult for delivery vehicles to navigate the site. M�s. Choi stated that the granting, of the variation would not detrimentally affect the public welfare or other properties in the surrounding, area,, as the use of the subject property would not be materially changed, and would improve the maneuverability for delivery vehicles for improved safety and enhanced access to the property. Ms. Choi added that, per the Petitioner, the variation would also improve potential congestion on Business Center Drive, by increasing the ease of access by large delivery vehicles. Ms. Choi added that the variation is not anticipated to affect the light, air, natural drainage, or property values of the area. M�s. Choi stated that a similar variation — to permit a reduction in the required side yard setback from 10 feet to 4 feet — wais approved in 1999 via, Ordinance No. 5068, but that construction w�ras never initiated and that the ordinance has since expired. M�s. Choi explained that staff does not believe that the reduced parking Ilot setback would have an adverse effect on the public or adjacent properties. Ms. Choi added that the neighboring properties are similar in intensity as the subject property. M�s. Choi noted that other departments reviewed the Petitioner's proposal and did not object to the variation. Ms. Choi stated that the proposed site improvements will be reviewed as part of the building, permit and will be subject to all Village codes. Ms. Choi noted that the reduced parking, lot setback will not be a detriment or endanger the welfare of the general public and will improve the existing site circulation. M�s. Choi stated that staff finds that the standards for variation 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: PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -11-23 "A variation from, Section 14.2206(E)(1)(a) to permit a parking llot setback reduction from ten feet (10') to two feet (2) along the south llot line, as shown on the plans prepared by CAGE Civil Engineering, dated 07/27/2023, and subject to the following condlition: a) Compliance with all applicable Village Code requirements, including, but not limited to, fire code and building regulations." M�s. Choi stated that the Village Board's decision is final) for this case. Vice Chairman Beattie asked if there were any questions for staff. Commissioner Weir asked how the increase in impervious area, would impact the Ilot coverage. M�s. Choi answered that properties in 1-1 zoning district are permitted to have 7S% lot coverage, and that including this variation, the subject property woulld still be well below maximum, lot coverage. Commissioner Weir asked if there were any improvements that the property owner would need to make for landscaping or other current codes. M�s. Choi answered that there are no other improvements needed on the subject property at this time. Vice Chairman Beattie asked whether or not the property to the south of the subject property is aillso industrial). M�s. Choi confirmed that the property to the south of the subject property is aillso industrial. Vice Chairman Beattie asked if there would be any issues with drainage due to increased llot coverage on the subject property. M�s. Choi confirmed that the subject property is well under lot coverage, so drainage will not be an issue, and that the Public Works Department has reviewed the pllan and that there were no issues rellated to drainage that arose from their department's review. Commissioner Weir asked how close the parking Ilot would be from, the property owner to the south of the subject property and if there wais any concern about the overhang of the cars from the subject property's proposed parking, lot. M�s. Choi answered that the standard parking space is 9' by 18' and that there is usually allowance for a 2 feet overhang, so the cars would be 2 feet from the property line, and therefore there would be no issues with cars' overhang,. Vice Chairman Beattie asked if there were any other comments or questions and there were none. Vice Chairman Beattie swore in the Petitioners, Aaron Bruder, Director of Engineering with CAGE Civil Engineering, 2200 Cabot Drive, Lisle, IL, and Daniel Novalk, property owner, 302 N. Russel Street, Mount Prospect, IL. PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -11-23 Vice Chairmian Beattie asked the Petitioners to explaiin what they are looking to do with the subject property. Mfr. Bruder stated that Ms. Choi provided a, very thorough explanation of the request. He added that the main issue is that the driveway is not wide enough on the south side of the building to be able to safely move trucks in and out of the parking Ilot. Mfr. Novak explaiined that under current conditions, trucks are having, to back into the site off the street, so traffic is blocked on Business Center Drive. Mr. Novak added that if trucks try to make it into the site from the parking, lot, they go over the berm, so the berm is damaged because of that. Vice Chairman Beattie asked to clarify that if the driveway is widened, that the trucks will be able to directly enter the site instead of backing, in. Mfr. Novak answered that the trucks woulld be able to back in within the parking, lot rather then in the street. Mfr. Bruder expanded that pert of their proposa] demonstrated an adequate drivew ray for a typical 53 - foot truck entry and exit. He added that the variation provides the llevel of maneuverability needed for safety. Mfr. Bruder added thait a, previous owner of the subject property aippllied for the exact same variation back in 1999, w ras approved, but did not go forward with the project. Mfr. Novak explained that the previous owner may not have pursued the project due to cost or simply because it was not necessary, depending on their types of deliveries received (truck sizes). Vice Chairman Beattie asked if the delivery trucks enter from, the south end of the subject property. Mfr. Novak confirmed thait the trucks pull onto the subject property from the south side of the lot off of Business Center Drive. He added that the other request wais about the curbing by the building. Vice Chairman Beattie asked if the shit on the diagram, was the loading dock. Mr. Bruder confirmed that it w ras the (loading, clock, and that the trucks need almost every square foot of it to make a turn into or out of the parking lot safely. Vice Chairman Beattie asked if the trucks would be entering, forward and then backing into the lot, and Mfr. Novak answered that he did not know, exactly how the trucks would maneuver their entries and exits, but that it would no longer be maneuvered in the streets, whereas at present, alll trucks are maneuvering in the street. Vice Chairman Beattie asked w chat the truck traffic is expected to be on any given day. Mfr. Novak answered that they proba,blly get 10-15 deliveries per week, which is about 2-4 deliveries per day. Vice Chairman Beattie asked what the hours are that the trucks would be entering, and exiting, the lot. PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -11-23 Mfr. Novak answered that the typical hours for truck entries and exits are 8 AM - S PM. Hle added that there are also stray trucks for w�arhich it would be more convenient to use a, w�arider driveway. Commissioner Fitzgerald asked if the berm would be eliminaited in the improvements to the driveway. Mfr. Bruder answered that there is a preliminary grade plan showing, that the berm will be cut into slightly, and that they will need a new, curb of 18-24" deep. Commissioner Fitzgerald asked if the curb will allow, drainage through. Mfr. Bruder confirmed that the curb will have drainage and that it would heed to a, detention basin on the east side of the site. Mfr. Bruder added thait the proposed lot coverage, in its finished condition, would be about 51%. Mr. Bruder also added that they collaborated w rith the Mount Prospect Public Works and Engineering Department to go through end verify that the detention basin hes sufficient capacity for drainage on the site after it hes been completely developed. Mr. Bruder stated thait he wais thankful to collaborate and sort out those details well ahead of time. Hearing no further comments or questions, Vice Chairmen Beattie closed the hearing and asked for a motion. Commissioner Fitzgerald made a motion seconded by Commissioner Szymczak to approve the following motion: "A variation from, Section 14.2206(E)(1)(a) to permit a parking lot setback reduction from, ten feet (10") to two feet (2) along the south lot line, es shown on the plans prepared by CAGE Chill Engineering, dated 07/27/2023, and subject to the following condlition: a) Compliance with all applicable Village Code requirements, including, but not limited to, fire code end building regulations." UPON ROLL CALL AYES: Fitzgerald, Szymczak, Weir, Olsen, Beattie, Miller (NAYS: (None The motion was approved by a vote of 6-0. Vice Chairman Beattie stated that it was Village Board Final and asked when the next Village Board meeting will be. M�s. Choi answered that the next Village Board meeting, will be September Stn, and the second meeting will be on September 191h. After hearing one more item of new business, Commissioner Szymczak made a, motion seconded by Commissioner Fitzgerald and the meeting was adjourned at 7:40 PM. Ann Choi Development Planner PiannBng & Zoning Comnniss6on Meeting—August 24, 2023 PZ -11-23 N ORDINANCE GRANTING A VARIATION (PARKING LOT SETBACK) FOR PROPERTY LOCATED AT' 555 BUSINESS CENTER DRIVE, MOUNTPROSPECT, ILLINOIS WHEREAS, Aaron Bruder of CAGE Engineering, Inc. (Petitioner), has filed a petition for a Variation (parking lot setback) for property located at 555 Business Center Drive (Property) w legally described LOT 1018 IN KENSINGTON CENTER — PHASE THREE -A, BEING A SUBDIVISON AND RESt BDIVIISION IN PART OF THE NORTHWEST 1/4 AND THE NORTHESAT 1/4 OF SECTION 85, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER PLAT THEREOF RECORDED MAY 4, 1981 AS DOCUMENT NUMBER 25858082, IN COOK COUNTY, ILLINOIS. WHEREAS, the "Petitioner" seeks a Variation from Section 14.2206(E)(1)(a) to permit parking lot setback reduction from ten feet (10'-0") to two feet (2'-0") along the south lot lin as shown on the plans prepared by CAGE Civil Engineering dated 07Y27Y2023, of which t site plan is attached as Exhibit "A"; and I WHEREAS, Public Hearing was held on the request forr beiing the subject of PZ -1 1-23 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th, day of August, 2023, pursuant to proper legal notice having been published in the Daily Herald on the gth, day of August, 2023; and WHEREAS, the Planning and Zoning Commission has submitted its findings a recommendation to the President and Board of Trustees in support of the request being t subject of PZ -1 1-23; w NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: III � Pill 1 11 I. Compliance with all applicable Tillage Code requirements, including, but not limited tNI, fire code and building reigulat�ions. 74�� L41 i a r..]:Nlst—llr.,1214 iL-,rsjiLor,4-o) I WIRMISM9311ss SECTION FOUR: This Ordinance shall be in full force and effect from and after i passagei, approval in the manner provided by law. i AYES: NAYS: ABSENT: PASSED AND APPROVED this 5� day of September, 2023. F "."TTIMPI Mayor ATTEST: Karen M. Agoranos Village Clerk gm 111: k go