HomeMy WebLinkAbout8.1 Motion to waive the rule requiring two readings of an ordinance and adopt an ORDINANCE GRANTING A CONDITIONAL USE FOR A REDUCED REAR YARD SETBACK FOR ACCESSORY STRUCTURES, AND VARIATIONS FROM THE LOT COVERAGE REQUIREMENT AND THE ACCESSORY STRUCTURE SIr�
Item Cover Page
Subject Motion to waive the rule requiring two readings of an
ordinance and adopt an ORDINANCE GRANTING A
CONDITIONAL USE FOR A REDUCED REAR YARD SETBACK FOR
ACCESSORY STRUCTURES, AND VARIATIONS FROM THE LOT
COVERAGE REQUIREMENT AND THE ACCESSORY STRUCTURE
SIZE, HEIGHT, AND LOCATION REQUIREMENTS FOR PROPERTY
LOCATED AT 17 SOUTH MAPLE STREET, MOUNT PROSPECT,
ILLINOIS (PZ-26-25)
Meeting December 2, 2025 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD
Fiscal Impact (Y/N)
Dollar Amount
Budget Source
Category
Type
Information
1►1
NEW BUSINESS
Action Item
The Petitioner and property owner, Mitch Kenoe, requests multiple zoning variations and a
conditional use to allow the expansion and continued placement of an existing nonconforming
accessory structure located at 17 South Maple Street. An existing nonconforming shed, located
in the Subject Property's rear yard, and the subject of the zoning request, has been in place
for over 30 years, predating the Petitioner's purchase of the home in 2020. The current
property owner did not construct the shed, and the Village has no record of a building permit
for its original installation. The Petitioner applied for a building permit to convert the existing
shed into an art/play studio in the same location with a request to expand the structure to
include a porch/patio along its southern elevation as part of a Make -A -Wish Foundation grant
for the Petitioner's child. The Village reviewed the permit request and approved the project on
a temporary basis. The temporary approval allowed the conversion of the existing shed into an
art/play studio to proceed but did not authorize the proposed expansion of the porch/patio
area. The temporary approval also requires that the structure be removed prior to the Village's
issuance of a transfer stamp for any future sale or conveyance of the property. To make the
accessory structure, including any proposed expansions, permanent, the Petitioner was
advised to seek the necessary relief from the Village's zoning code.
Zoning relief is requested to increase the height, size, and lot coverage of the structure; to
reduce the rear yard setback for accessory structures; and to permit its placement within an
unplatted easement beneath overhead utility lines. The Planning and Zoning Commission has
final authority over variations for accessory height and lot coverage, while the Village Board
has final authority over variations for accessory structure size, placement beneath utility lines,
and the conditional use for a rear yard setback reduction for accessory structures.
The requests would formalize the structure's continued use as a reasonable accommodation
under the Americans with Disabilities Act. All affected utility companies (ComEd, AT&T, and
Comcast) conditionally approved the encroachment and restoration obligations remain with
the property owner.
Discussion
Staff finds that the requested relief meets the standards for a reasonable accommodation and
conditional use because the structure's use is directly related to the disability -related needs of
the Petitioner's child. Accordingly, staff supports approval of the requested variations for
height, size, and lot coverage, and the conditional use for rear yard setback reduction, as well
as the structure's temporary location within an unplatted easement beneath the overhead
utility lines. However, staff does not support allowing the expanded accessory structure to
remain within the easement in perpetuity, as such permanence would exceed what is
reasonably necessary to accommodate the disability -related use. Staff recommends that the
art/play studio be restored to its original nonconforming shed use or demolished entirely prior
to issuance of a transfer stamp for any future sale or conveyance of the property.
Additionally, the Petitioner should be required to provide a French drain or other acceptable
means of providing the required storage/infiltration for the area exceeding allowable lot
coverage to the satisfaction of the Village Engineer, prior to issuance of a building permit.
Public Comment: At the November 13, 2025, Planning and Zoning Commission meeting, a
resident and neighboring property owner expressed support for the proposed project and
requested that the Commission consider allowing the shed and addition to remain in
perpetuity. Three letters of support were provided by neighboring property owners.
Planning and Zoning Commission: The Planning & Zoning Commission recommended
approval of the zoning requests related to the increases to the maximum height of the
accessory structure and maximum lot coverage (requests under the Planning and Zoning
Commission's purview) with a vote of 4-1 (Commissioner Rogers dissenting). Additionally, the
Commission modified one of the six conditions of approval. The original condition
recommended by staff allowed the petitioner to either restore the structure to a shed or
remove it prior to the issuance of a transfer stamp; however, the Commission revised this to
require full removal of the structure prior to the issuance of a transfer stamp. The Commission
emphasized the importance of achieving zoning compliance over time, avoiding any perception
of rewarding work conducted without a permit, and ensuring that the homeowner does not
profit from the zoning relief being granted. The Commission also approved a sixth condition —a
statement to the Village Board —acknowledging that some of the zoning requests in the
application are final actions of the Planning and Zoning Commission while others are merely
recommendations. The statement further requests that the Village Board review the
application in its entirety and modify or rescind any portions of the application that are
otherwise Planning and Zoning Commission final, where doing so is in the best interest of the
Village. The Petitioner is appealing the Commission's decision to require the removal of the
structure prior to the sale of the home.
Waive Second Reading: The Petitioner is requesting that the Village Board waive the second
reading and take final action at the December 2, 2025 meeting.
Alternatives
1. Approve a variation from Section 14.306(A)(3)(a) to permit an increase to the maximum
height requirement of an accessory structure in a residential district from 10 feet to 10.67
feet.
2. Approve a variation from Section 14.1005(C)(1) to permit an increase to the maximum
lot coverage requirement from 50% to 56.2%, subject to the following condition:
a. Prior to the issuance of a building permit, a French drain, or other acceptable
means of providing the required storage/infiltration for the area exceeding allowable lot
coverage, shall be provided to the satisfaction of the Village Engineer.
3. Approve a conditional use to reduce the minimum rear side yard setback applicable to
accessory structures from three feet (3'-0") to zero feet two inches (0'-2,"') for the construction
of an accessory structure at 17 S Maple Street, Case No. PZ-26-25, subject to the following
conditions:
a. The conditional use for the reduced rear yard setback for accessory structures
shall apply to the art/play studio including the porch/patio addition only and shall not apply to
any other principal or accessory structure;
b. The improvements shall be in strict conformance with the plat of survey
attached as Exhibit B of the staff report;
c. The art/play studio including the porch/patio addition shall be used only for
personal, non-commercial purposes consistent with the Make -A -Wish Foundation request and
satisfy Village Home Occupation regulations; and
d. The art/play studio including the porch/patio addition shall be demolished in its
entirety prior to the Village's issuance of a transfer stamp for any future sale or conveyance of
the property.
4. Approve a variation from Section 14.306(B)(1)(b) to permit an increase to the maximum
size requirement of an accessory structure from 157 square feet to 323 SF.
5. Approve a variation from Section 14.306(6)(2)(c) to permit an accessory structure to be
constructed within an easement, subject to the following condition:
a. The Petitioner shall obtain written approval from all applicable utility providers
authorizing the art/play studio including the porch/patio addition to remain in its proposed
location and shall comply with any conditions or requirements imposed by the utility
companies.
6. Approve a statement to the Village Board that, recognizing that certain zoning requests
in the application are Planning and Zoning Commission final and others merely
recommendations, the Village Board review the application as a whole, feeling free to modify
or rescind any aspects of the application that are Planning and Zoning Commission final where
it deems it in the best interest of the Village.
7. Action at the discretion of the Village Board.
Staff Recommendation
1. Approve a variation from Section 14.306(A)(3)(a) to permit an increase to the maximum
height requirement of an accessory structure in a residential district from 10 feet to 10.67
feet.
2. Approve a variation from Section 14.1005(C)(1) to permit an increase to the maximum
lot coverage requirement from 50% to 56.2%, subject to the following condition:
a. Prior to the issuance of a building permit, a French drain, or other acceptable
means of providing the required storage/infiltration for the area exceeding allowable lot
coverage, shall be provided to the satisfaction of the Village Engineer.
3. Approve a conditional use to reduce the minimum rear side yard setback applicable to
accessory structures from three feet (T-0"') to zero feet two inches (0'-2"") for the construction
of an accessory structure at 17 S Maple Street, Case No. PZ-26-25, subject to the following
conditions:
a. The conditional use for the reduced rear yard setback for accessory structures
shall apply to the art/play studio including the porch/patio addition only and shall not apply to
any other principal or accessory structure;
b. The improvements shall be in strict conformance with the plat of survey
attached as Exhibit "A" of the attached ordinance;
c. The art/play studio including the porch/patio addition shall be used only for
personal, non-commercial purposes consistent with the Make -A -Wish Foundation request and
satisfy Village Home Occupation regulations; and
d. The art/play studio including the porch/patio addition shall be demolished in its
entirety prior to the Village's issuance of a transfer stamp for any future sale or conveyance of
the property.
4. Approve a variation from Section 14.306(B)(1)(b) to permit an increase to the maximum
size requirement of an accessory structure from 157 square feet to 323 SF.
5. Approve a variation from Section 14.306(B)(2)(c) to permit an accessory structure to be
constructed within an easement, subject to the following condition:
a. The Petitioner shall obtain written approval from all applicable utility providers
authorizing the art/play studio including the porch/patio addition to remain in its proposed
location and shall comply with any conditions or requirements imposed by the utility
companies.
Attachments
1. PZ-26-25 Plans
2. PZ-26-25 Staff Report rev
3. PZ-26-25 Administrative Content Redacted
4. PZ-26-25 Request to Waive Second Reading
5. PZ-26-25 Request to Appeal PZC Condition of Approval
6. PZ-26-25 Public Comment Letters
7. PZ-26-25 Utility Company Letters
8. PZ-26-25 Ordinance
9. PZ-26-25 Meeting Minutes
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VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056
STAFF REPORT FROM THE DEPARTMENT OF Community Development
Jason C Shallcross, AICP, CEcD Ann Choi
Director of Community Development Development Planner
DATE: November 6, 2025
CASE NUMBER
PZ-26-25
PUBLIC HEARING DATE
November 13, 2025
BRIEF SUMMARY OF REQUEST
APPLICANT/PROPERTY OWNER
Mitch Kenoe
PROPERTY ADDRESS/LOCATION
17 S Maple Street
The "Petitioner" and property owner, Mitch Kenoe, seeks multiple zoning variations to increase the
permitted height and size of an accessory structure, to increase the allowable lot coverage, and to
obtain conditional use approval for a rear yard setback reduction applicable to accessory structures
to allow the expansion and continued placement of an existing nonconforming accessory structure
beneath overhead utility lines located at 17 South Maple Street ("Subject Property"). The Planning and
Zoning Commission has final authority over the variations pertaining to accessory structure height and
Lot coverage, while the Village Board has final authority over the variations related to accessory
structure size, placement beneath overhead utility lines, and the conditional use for a rear yard
setback reduction for accessory structures. The proposal satisfies the criteria for reasonable
accommodations, and staff is generally supportive of the requested relief.
2024 Aerial Image
2025 Village of Mount Prospect Zoning Map
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EXISTING
EXISTING LAND USE/ SURROUNDING ZONING & LAND USE SIZE OF
ZONING
SITE IMPROVEMENTS North: R-A Single -Family Residential PROPERTY
R-A
Residential East: R-A Single -Family Residential (vacant) 0.18acres
Single -Family
South: R-A Single -Family Residential
Residential
West: R-S Single -Family Residential
STAFF RECOMMENDATION APPROVE APPROVE WITHDENY
CONDITIONS
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx
BACKGROUND / PROPERTY HISTORY
The Subject Property was annexed into the Village in 1917 and is located on the east side of South
Maple Street, north of East Busse Avenue. The Subject Property contains a single-family residence with
associated improvements, is zoned R-A Single Family Residence, and is bordered by the R-A District on
all sides (the R-A zoned properties to the east are currently vacant). Permit records indicate that
various improvements have been made since the home's construction, including upgrades to the roof,
fencing, front porch, and flatwork.
An existing nonconforming shed, located in the Subject Property's rear yard, and the subject of the
zoning request, has been in place for over 30 years, predating the Petitioner's purchase of the home in
2020. The current property owner did not construct the shed, and the Village has no record of a
building permit for its original installation. While there is no utility easement platted in the area where
the existing shed is located, the structure sits beneath existing overhead utility lines along the east
property line (rear portion of the Subject Property). As a result, any future maintenance or repair
activity by the utility provider(s) may potentially require access to the area occupied by the shed and/or
cause damage to the shed.
Earlier this year, the Petitioner applied for a building permit to convert the existing shed into an art/play
studio in the same location with a request to expand the structure to include a porch/patio along its
southern elevation. The proposed project is part of a Make -A -Wish Foundation grant for the Petitioner's
child. The Village reviewed the permit request and approved the project on a temporary basis. The
temporary approval allowed the conversion of the existing shed into an art/play studio to proceed but
did not authorize the proposed expansion of the porch/patio area. The temporary approval also
requires that the structure be removed prior to the Village's issuance of a transfer stamp for any future
sale or conveyance of the property. To make the accessory structure, including any proposed
expansions, permanent, the Petitioner was advised to seek the necessary relief from the Village's
zoning code.
PROPOSAL
The Petitioner is seeking the zoning relief necessary to allow the existing nonconforming accessory
structure to remain in place in perpetuity and to further allow the construction of a permanent
porch/patio addition that requires additional zoning relief for maximum accessory structure height,
size, lot coverage, rear yard setback, and permanent placement of an accessory structure beneath
overhead utility lines. The Petitioner is requesting the following zoning relief:
1. A variation from Section 14.306(A)(3)(a) to permit an increase to the maximum height
requirement of an accessory structure in a residential district from 10 feet to 10.67 feet. (+6.7%
PZ Final)
2. A variation from Section 14.306(B)(1)(b) to permit an increase to the maximum size requirement
of an accessory structure from 157 square feet to 323 square feet. (+205.7% VB Final)
3. A variation from Section 14.306(B)(2)(c) to permit an accessory structure to be constructed
within an easement in perpetuity. (CD DirNB Final)
4. A variation from Section 14.1005(C)(1) to permit an increase to the maximum lot coverage
requirement from 50% to 56.2%. (+12.3% PZ Final)
5. A conditional use permit to reduce the minimum rear yard setback for accessory structures
from 3 feet (3'-0") to 2 inches (0'-2") for the construction of an accessory structure. (-94.4% VB
Final)
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx 2
The Petitioner's requests are based on the shed's continued use for the benefit of the property owner's
child who has a disability and is intended to ensure compliance with the American with Disabilities Act
reasonable accommodation provisions. Pursuant to the ADA's Title II (28 CFR § 35.130(b)(7)(i)), local
governments are required to male reasonable modifications or accommodations to policies,
practices, and regulations when such modifications are necessary to afford individuals with
disabilities an equal opportunity to use and enjoy their housing, unless doing so would fundamentally
alter the nature of the program. Staff has considered these considerations in the review and analysis of
the requested conditional use and variation requests.
The following table outlines the project's compliance with the bulk regulations and accessory
structure requirements for the R-A Single Family Residential district.
Minimum Setbacks
R-A Code
Requirement
Proposed
Art Studio Only
Art Studio with
Porch/Patio
Front (W)
30'
No change
Interior Side (N)
5.0'
No change
Interior Side (S)
5.0'
No change
Rear (E)
25'
No change
Max. Lot Coverage
50%
(3928 SF)
4310 SF
. /o
4413 SF
. /
Max. Front Yard Coverage
45%
No change
Max. Floor Area Ratio
0.50
0.40
0.40
Max. Height for Sheds
10 feet
. ' . /
Max. Size for Sheds
157 SF
. /
o/
Setbacks for Accessory
Structures
3' from side and rear
property lines
3'-1 " from interior side property line
0'-2" from rear property line
Conditional Approval from Public Utility Companies
Per staff's request, the Petitioner obtained conditional approvals from ComEd, AT&T, and Comcast for
the proposed encroachment. All three utility providers stated they have no objection to the art
studio/shed and porch/patio within the easement, provided the improvements do not interfere with
utility access or maintenance. Each approval places responsibility on the property owner to remove or
restore the structures at their own expense if access is required. ComEd's approval prohibits
expansion and is subject to binding terms and conditions; AT&T emphasized that the structure remains
at the owner's risk; and Comcast advised contacting J.U.L.I.E. before excavation and coordinating any
facility relocations directly with the company.
Staff recommends approval of the shed's continued location beneath the overhead utility lines,
including the associated increases in lot coverage, size, and height for the conversion of the shed into
an art/play studio with an attached porch/patio, as part of the reasonable accommodation request,
because its use is tied to the disability -related needs of the Petitioner's child. However, staff does not
support the request to allow the accessory structure, including the porch/patio addition, to remain
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx
within the easement in perpetuity, as this would extend beyond what is reasonably necessary to
accommodate the disability -related needs of the Petitioner's child. Accordingly, staff recommend
conditions requiring the Petitioner to restore the art/play studio to its original nonconforming shed use
or demolish the entirety of the structure prior to the issuance of a transfer stamp for any future sale or
conveyance of the property. Staff also recommends that the Petitioner provide storm water detention
for the area exceeding allowable lot coverage to the satisfaction of the Village Engineer prior to the
issuance of a building permit.
PUBLIC COMMENTS
Three letters of support were submitted by neighboring properties on Maple Street. The public
comment letters are included with this staff report.
STANDARDS AND FINDINGS
The Planning and Zoning Commission shall review the standards and findings of fact outlined in
Exhibit A and 1) accept them without changes, 2) accept them with changes, or 3) reject the findings.
The Planning and Zoning Commission shall use the findings of fact to guide their recommendation to
the Village Board.
Staff finds that the proposed conditional use and variations satisfy the criteria for a reasonable
accommodation under the Americans with Disabilities Act. However, staff does not support the
Petitioner's request to authorize the expanded accessory structure to remain in perpetuity. Staff
requests that the Planning and Zoning Commission make a motion to adopt staff's findings as the
findings of the Planning and Zoning Commission to approve and recommend approval of the following:
"Motion to:
1. Approve a variation from Section 14.306(A)(3)(a) to permit an increase to the maximum height
requirement of an accessory structure in a residential district from 10 feet to 10.67 feet.
2. Approve a variation from Section 14.1005(C)(1) to permit an increase to the maximum lot
coverage requirement from 50% to 56.2%, subject to the following condition:
a. Prior to the issuance of a building permit, a French drain, or other acceptable means of
providing the required storage/infiltration for the area exceeding allowable lot coverage,
shall be provided to the satisfaction of the Village Engineer.
3. Recommend approval of a conditional use to reduce the minimum rear side yard setback
applicable to accessory structures from three feet (3'-0") to zero feet two inches (0'-2") for the
construction of an accessory structure at 17 S Maple Street, Case No. PZ-26-25, subject to the
following conditions:
a. The conditional use for the reduced rear yard setback for accessory structures shall apply
to the art/play studio including the porch/patio addition only and shall not apply to any
other principal or accessory structure;
b. The improvements shall be in strict conformance with the plat of survey attached as
Exhibit B of the staff report;
c. The art/play studio shall be used only for personal, non-commercial purposes consistent
with the Make -A -Wish Foundation request and satisfy Village Home Occupation
regulations; and
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx
d. The art/play studio including the porch/patio addition shall be restored to its original
nonconforming shed use or shall be demolished in its entirety prior to the Village's
issuance of a transfer stamp for any future sale or conveyance of the property.
4. Recommend approval of a variation from Section 14.306(B)(1)(b) to permit an increase to the
maximum size requirement of an accessory structure from 157 square feet to 323 SF.
5. Recommend approval of a variation from Section 14.306(B)(2)(c) to permit an accessory
structure to be constructed within an easement, subject to the following condition(s):
a. The Petitioner shall obtain written approval from all applicable utility providers authorizing
the art/play studio including the porch/patio addition to remain in its proposed location
and shall comply with any conditions or requirements imposed by the utility companies."
The Planning and Zoning Commission's decision is final for the variations requesting an increase to the
maximum height requirement of an accessory structure and to permit an increase to the maximum lot
coverage requirement; the Village Board's decision is final for the variations requesting an increase to
the maximum size requirement of an accessory structure, to permit an accessory structure to be
constructed beneath overhead utility lines, and the conditional use request to allow a reduction in the
required rear yard setback applicable to accessory structures.
ATTACHMENTS: / ADMINISTRATIVE CONTENT
(Zoning Request Application, Responses to
%%.I.- Standards, etc...)
1 concur:
Jason C Shallcross, .A1"C P, C Ec D
Director of Community Development
PLANS
(Plat of Survey, Site Plan, etc.)
/ OTHER
(Supplemental Information,
Public Comments Received,
etc...) i
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docxJ
Exhibit A
Standards and Findings of Fact
CONDITIONAL USE STANDARDS
Section 14.203.F.8 of the Village of Mount Prospect Zoning Ordinance provides that a Conditional Use
shall conform to the following requirements:
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;
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;
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;
4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will
be provided;
5. That adequate measures have been or will betaken to provide ingress and egress so designed as
to minimize traffic congestion in the public streets;
6. That the proposed conditional use is not contrary to the objectives of the current comprehensive
plan for the village; and
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 Findings: The Petitioner states that the accessory structure will serve as a non -habitable art
and play studio, consistent with the character of the surrounding residential neighborhood and not
detrimental to public health, safety, or welfare. The Petitioner further states that all construction will
comply with current building codes and undergo required inspections. Per the Petitioner, the project is
expected to have no adverse impact on neighboring properties, public utilities, or access, and will not
interfere with future development. According to the Petitioner, the proposal aligns with the Village's
Comprehensive Plan by supporting family -oriented housing, enhancing neighborhood character, and
providing a unique community benefit through the Make -A -Wish Foundation project.
Staff's Findings: The establishment and continued maintenance of the accessory structure as a non -
habitable art/play studio will not be detrimental to public health, safety, morals, comfort, or general
welfare. The structure would be fully contained on private property, and will be brought into compliance
with applicable building, electrical, and fire -safety codes through permit inspection. The conditional use
will not be injurious to the use or enjoyment of other property in the vicinity, nor will it diminish or impair
neighborhood property values. The structure has existed in its current location for more than 30 years
without complaint or adverse impact. The structure occupies an established location within the rear yard
and will not impede the normal or orderly development of surrounding properties. Adequate public
utilities, drainage, and related facilities are provided to the site and the Petitioner is required to
coordinate with all applicable utility providers and comply with any conditions they impose due to the
structure's location beneath overhead utility lines. The project does not alter vehicular access to the
site, increase traffic volume, or impact on -street parking. The structure's use as a non -habitable art/play
studio will not generate additional trips or congestion on public streets. Allowing the existing shed to
remain as an adaptive art/play studio is consistent with those goals. The conditional use request is also
consistent with Goal 3 of the Village of Mount Prospect's 2024-2029-2039 Strategic Plan, which focuses
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx
on the evaluation of current zoning regulations to promote single-family residential neighborhoods. This
goal, which staff is currently evaluating via proposed text amendments, includes exploring ways to allow
property owners in single-family residential districts greater flexibility to enhance and improve their
properties. The proposed conditional use aligns with this goal by supporting reasonable residential
reinvestment while maintaining compatibility with surrounding properties. Given the nature of the
proposal, the support expressed by neighboring property owners, and its conformance with the Village's
strategic plan, staff recommends approval of the requested conditional use.
VARIATION STANDARDS
Section 14.203.C.9 of the Village of Mount Prospect Zoning Ordinance provides a variation from the
regulations of this chapter shall 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:
1. 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
mere inconvenience if the strict letter of the regulations was to be applied;
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;
3. The purpose of the variation is not based primarily upon a desire to increase financial gain;
4. The alleged difficulty or hardship is caused by this chapter and has not been created by any
person presently having an interest in the property;
5. 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;
6. The granting of the variation will not alter the essential character of the neighborhood; and
7. The proposed variation will not impair an adequate supply of light and air to adjacent property or
substantially increase the congestion of the public 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.
Petitioner's Findings: The Petitioner contends that there is no practical alternative location that
accommodates the structure without encroaching slightly into the easement because of the narrow lot
shape and the existing placement of the detached garage and shed. The Petitioner explains that the art
studio is needed to create a safe, accessible environment for the Petitioner's chronically ill child's Make -
A -Wish project, which would not be possible under the strict letter of the code. The Petitioner states that
the property's configuration and existing improvements make it uniquely constrained. Per the Petitioner,
the shed was an existing detached accessory structure prior to the Petitioner's ownership. The Petitioner
also states that the purpose of the variation requests is entirely personal and compassionate to fulfill
a Make -A -Wish project for the Petitioner's child and not to seek any commercial or financial benefits. The
Petitioner further states that the hardship arises from the lot layout and the existing shed placement
(which predates the Petitioner's ownership), conditions inherited with the property that were not created
by the homeowner. The Petitioner attests that the art studio is small in scale, visually consistent with the
neighborhood, and does not create any issues related to traffic, drainage, or utilities. The structure
remains subject to access for maintenance, ensuring no negative impact on public services. The
Petitioner states that the structure and materials match the surrounding residential environment and the
completed Make -A -Wish art/play studio will enhance neighborhood character and value, serving asa
positive, family -centered improvement and a source of inspiration for children and families in the area.
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx
Finally, the Petitioner states that the studio's height (10.67 ft) and location do not obstruct light or
airflow, increase traffic, or pose fire or drainage concerns. The structure has been reviewed for
compliance with all applicable building and safety standards.
Staff's Findings: The staff -supported variations are not motivated by a desire to increase financial gain.
The Petitioner seeks to retain and adapt the existing shed for use as an art/play studio that supports the
medical and therapeutic needs of their child under Make -A -Wish Foundation grant. The existing shed
pre -dates the Petitioner's purchase of the home in 2020 and has existed in its present location for more
than three decades without Village approval. Allowing the existing shed to remain in its current location
will not be detrimental to public welfare or injurious to nearby properties. The Petitioner will be required
to coordinate with all applicable utility providers and comply with any conditions they impose due to the
shed's location beneath overhead utility lines. All construction related to the conversion will meet
applicable building, electrical, and fire -safety codes. The existing shed is consistent with the residential
character of the neighborhood and its adaptive reuse as a non -habitable art/play studio will not alter the
appearance, scale, or overall character of the surrounding area. The structure will also be required to be
restored to its original state or be removed entirely upon the sale of the property, ensuring that the
impacts to the neighboring (east) property directly impacted by the structure will be minimized. Although
the project does not meet the zoning hardship requirement under the standards for variations, it satisfies
the criteria for a reasonable accommodation under the Americans with Disabilities Act. The requested
relief is necessary to allow the property to be used in a manner that accommodates the disability -related
needs of the Petitioner's child, and the Petitioner has secured conditional approvals from all affected
utility providers to ensure the improvements can coexist safely within the easement.
H:\PLAN\Planning & Zoning COMM\P&Z 2025\Staff Reports\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx 8
Exhibit B
Plat of Survey / Site Plan
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H:\PLAN\Ptanning &Zoning COMM\P&Z2025\Staff Repo rts\PZ-26-25 17 S Maple St (CU -Setback Reduction, VARs)_v3.docx
lage ofMount Prospect
Community Development Department
Emerson Street
Mount Prospect, Illinois 60056
Phonel-I (847) 818-5328
Officiall Use Only (To be compIleted, by Villiage Staffli
Case Number,: PZZ25-000026 Dateof'Submission: 10/0,1120,25 Hearing Date:
Project NamelAddress: pZ-26-2,5: 17 S Maple St (CU: Setback Reduction, VAR,sl: Lot Coverage, Accessory Size &
Height, Accessory Structu re I i I n Easement for, a Make A Wish Playhouse)
I. SubJect Property,
Address(e,sjl. le St
Zming District(s): RA PropertyArea (SqFt and/or Acreagei):-
I
Parcel Index (PIN(s): 08-12-105-009-0000
Conditional Use: For
Variation(s): To
Zoninig Map Amendment: Rrezme From
Zoninig'TextAmendIment: Sectim(s),
Other:
Setbadk Reductions
Individual lot single family
request
TO
IV lAmir%li`canit� (al'! correspondence will be sent to t�he applicanit�' ip
Name: Mlitc!h Kenoe Corporation:
Address:
City, State, ZIP Code:
P11honel-1.1
Interest, in Property:
17 S., 'Maple St.
MOUNT PROSPECT' ��IL 600,56
V. Property Owner,
[3 Check illf Same as Applicant
Name: Mitchel D Kenoe, Corporation:
Add ress: 1 "7 S Maple St
City, ,,Statell ZI[PCodle: Mount Pr 11- 6,0056
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.
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:
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111,191
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(Print or Type Name) Mitch Kenoe
If applicant is not property owner:
Date:
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:
(Print or Type Name)
Date:
v ge of Mount PIrosplect
i (La
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50 iS. EMRTS,ain Street
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Phonal (847) 81 S-5-328,
STATE OF ILLINOIS
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an owner of the� property
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Village of Mount Prospect
Community Deveillopment pa rt m e I
50 S. Emerson Street
Mount Prospect,, ffilinolis,60,056
Phone: (8471), 818-5328
Proplert " Oln we,r°
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Mitchel Kenoe
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I h�er,eby designate the applicant to, act as my aglent "for,i ffie purpiose of seeking ffie zoning request�(s)
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17S MAPLE ST
MOIJ NT P,ROSPE,CT,,, IL 6,0056
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111 "11 Ell ii I I Wilill 1111111i � 1 1
MITCHEL, D IKENOE
17 S MAPLE ST
II T PROSPECT IL 6,0056-3227
DE , TACH & INCLUDE WITH 1PA , YMENT
TOTAL PAY, MENTDUEo, 9R/ I/S ......... ...
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MIN NMI 1111RIDN' I "MA WRI MA11111W11111 11MR1111 !; MMM111 1111 1111 III 1111111111 111I 111i 11111111 11111 1111I]IIIIIII11111III
This is an Official Downloadable Tax Bill IPayment Coupon., C 0QK CO U NTY I EA S UI R E R
Rilease process,thiscoupon along with payment presented. PO BOX 80E436
C, H I CAG, 0 1 ILi, 60 68 0-4155
Property: 17 S. Maple St., Mount Prospect, IL 60056
Applicant: Mitchel Kenoe
Project: Permanent approval of Make -A -Wish art/play studio (existing detached shed with small
porch/patio addition)
a. Physical surroundings/hardship
Because of the narrow lot shape and the existing placement of the detached garage and shed, there
is no practical alternative location that accommodates the structure without encroaching slightly
into the easement. The space is needed to create a safe, accessible environment for my chronically
ill daughter's Make -A -Wish project, which would not be possible under the strict letter of the code.
b. Unique conditions of the property
The property's configuration and existing improvements make it uniquely constrained. The shed
was an existing detached accessory structure prior to our ownership, and the rear -yard utility
easement runs unusually close to that location compared to other neighborhood lots.
c. Not for financial gain
The purpose of this request is entirely personal and compassionate —tofu If RL a Make -A -Wish
project for my child. No commercial or financial benefit is sought.
d. Hardship not self-created
The hardship arises from the lot layout, the existing shed placement (which predates our
ownership), and the dimensional restrictions within the zoning code. These conditions were
inherited with the property and not created by the homeowner.
e. No detriment to public welfare or neighbors
The studio is small in scale, visually consistent with the neighborhood, and does not create any
issues related to traffic, drainage, or utilities. The structure remains subject to Village access for
maintenance under the easement agreement, ensuring no negative impact on public services.
f. No change to neighborhood character
The structure and materials match the surrounding residential environment. If anything, the
completed Make -A -Wish art/play studio will enhance neighborhood character and value, serving as
a positive, family -centered improvement and a source of inspiration for children and families in the
area.
g. No impact on light, air, or safety
The studio's modest height (10.67 ft) and location do not obstruct light or airflow, increase traffic, or
pose fire or drainage concerns. The structure has been reviewed for compliance with all applicable
building and safety standards.
r
Mitchel Kenoe
Responses to Applicable Standards —17 S. Maple St., Mount Prospect, IL
1. Public Health, Safety, and Welfare
The accessory structure is being used as a non -habitable art/play studio. It will not be detrimental
to public health, safety, or welfare. All construction will meet current building codes and pass
required inspections.
2. Impact on Neighboring Properties
The studio will not injure the use or enjoyment of neighboring properties. It is a small-scale,
accessory use consistent with residential surroundings and will not diminish property values.
3. Orderly Development
The project does not interfere with future development of adjacent properties. It remains within the
character of the residential neighborhood.
4. Public Utilities & Access
All necessary utilities are existing and adequate. The easement waiver acknowledges that the
Village or utility providers may access the property if needed, with restoration rights maintained.
5. Ingress and Egress
The structure is located on a private lot and does not increase traffic congestion. No additional
parking or roadway impact is expected.
6. Comprehensive Plan Alignment
The proposal aligns with the Village's Comprehensive Plan objectives of supporting family housing,
enhancing community character, and providing for reasonable accessory uses.
7. Compliance with Zoning Regulations
The project otherwise complies with applicable zoning regulations. Relief is sought solely to allow
the conversion and future porch/patio as part of a Make -A -Wish project, providing a unique
community benefit
From:
Kenoe, Mitch
To:
Choi, Ann
Subject:
RE: Responses to Variation Standards
Date:
Monday, November 3, 2025 6:29:08 PM
Attachments:
imaae001.png
ima_eq 002.png
ima_eq 003.png
ima_eq 004.png
ima_eq 005.png
image006.png
image007.png
image008.png
Hi Ann,
Thank you for your thoughtful note and for continuing to guide us through the review process.
truly appreciate the Village's care and professionalism as we complete the steps toward final
approval.
Regarding the medical documentation, June has a well -documented health history and her
diagnoses clearly qualify under the ADA. Her participation in a Make -A -Wish project was
based on that verified medical status, and the structure serves as a therapeutic and
restorative space that directly supports her daily functioning. If formal confirmation is still
required, I can provide a brief supporting note from her treating physician.
As for the lot -coverage question, if it becomes necessary we're open to reviewing the property
for small reductions to impervious areas. That said, we hope the Village will recognize the
project's uniqueness and proximity to downtown as contributing to both the property's value
and the surrounding neighborhood's character.
Regarding relocation, the shed was an existing detached accessory structure well before our
ownership. It's anchored to a fixed concrete slab and served as the foundation for the Make -A -
Wish conversion, which included insulation, wiring, and drywall. Relocation at this stage
would require demolition and would undo the work that was already permitted and inspected
under the temporary conversion. If there's any way to make an adjustment without full
reconstruction, we'd be glad to explore it.
We are approaching final inspection on the temporary permit, and I appreciate the Village's
understanding that this discussion is taking place near the close of that process. My goal is to
ensure we move forward collaboratively toward permanent zoning relief that balances both
compliance and compassion for June's needs.
Thank you again for your guidance and thoughtful consideration. Please let me know if you'd
Like to discuss any details before the packet is finalized.
Warm regards,
Mitch Kenoe
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From: Choi, Ann <AChoi@mountprospect.org>
Sent: Monday, November 3, 2025 4:36 PM
To: Kenoe, Mitch >
Subject: RE: Responses to Variation Standards
Good afternoon, Mitch,
As part of the Village's review of your zoning requests, we are seeking additional
information to help us better understand how the requested zoning relief relates to the
requested accommodations. Specifically, staff respectfully requests documentation or
a brief statement from a qualified medical or therapeutic professional that confirms
there is a disability and that the relief being sought beyond what has already been
obtained is reasonably necessary to accommodate the disability. This information will
assist staff in evaluating the request under the Americans with Disabilities Act and
ensure that any relief granted is directly connected to the requested accommodations.
As it relates to the increased lot coverage request, would you be willing to remove or
reduce certain impervious areas on the property to bring the overall lot coverage as
close to code compliant as possible?
You may have already discussed this with Jason Shallcross during the building permit
review, so I apologize if my question is redundant. Would you consider relocating the
shed to another area of the backyard to reduce the number of zoning relief requests?
Please reach out if you have any questions.
Thank you,
Ann Choi, LEED° Green AssociateTM
Development Planner I Community Development Department
Village of Mount Prospect
50 S. Emerson Street, Mount Prospect, IL 60056
P: (847) 818-5314 F: (847) 818-5329 W: mountprospect.org
From: Kenoe, Mitch >
Sent: Monday, November 3, 2025 7:24 AM
To: Choi, Ann < C h i
Subject: RE: Responses to Variation Standards
Will this suffice?
Mitch Kenoe
Sir.
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From: Choi, Ann < Cho* it r pirw , ��
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Sent: Monday, November 3, 2025 7:00 AM
To: Kenoe, Mitch >
Subject: Responses to Variation Standards
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Legal Description
Lot 9 in Block 6 in Buse and Wilke's Subdivision in Mount Prospect, being a subdivision of part of
the East 1/2 of the Northwest'/4 of Section 12, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
This legal description is taken directly from the Plat of Survey prepared by Anton Adams, Illinois
Professional Land Surveyor, dated August 17, 2020.
11/20/2025
Jason C. Shallcross, AICP, CeCD
Director of Community Development
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
Via email: jshallcross@mountprospect.org
Dear Mr. Shallcross,
The Planning & Zoning Commission recommended approval of my request (Case No. PZ-26-25,
variations and conditional use for 17 S. Maple Street) by a 4-1 vote in favor of the requests at the
November 13, 2025 hearing. My request is scheduled to go before the Village Board for the
ordinance's first reading on December 2, 2025.
am respectfully requesting that the Village Board waive the second reading, tentatively scheduled
for December 16, and take final action on December 2.
We are requesting this waiver due to our family's urgent need to move forward with completing the
Make -A -Wish project for our daughter, June, whose chronic medical conditions have led to
significant disability and require a safe, quiet, climate -controlled space for recovery, therapy, and
emotional support. Delays could impact her ability to utilize this space as intended during an
important period of her care.
sincerely appreciate the Village's guidance and support throughout this process. Please let me
know if any additional information is needed.
Thank you very much for your assistance.
Sincerely,
Mitchel Kenoe
17 S. Maple Street
Mount Prospect, IL 60056
From:
Kenoe, Mitch
To:
Shallcross, Jason; Choi, Ann
Subject:
Thank You & Follow -Up From Last Night's Hearing
Date:
Friday, November 14, 2025 9:35:41 AM
Attachments:
imaaeffll.pna
imaae0Q2.pnci
imageQ01pno
imaae004.pnci
imaae005.pnci
imaae006.pna
image007-pno
Hi Jason and Ann,
I wanted to sincerely thank you both for your support, guidance, and thoroughness throughout this
process, and especially during Last night's hearing. I wasn't entirely sure what to expect, and while I
came prepared, I realized there were a few items I should have documented more formally. Overall, I
appreciate how smoothly you helped everything move and how respectfully the discussion was
handled.
Please Let me know what the next steps are on your end as the recommendation moves to the Village
Board.
I also want to clearly state my appeal regarding the condition approved about demolition at the
time of sale. Our strong preference is to retain the structure permanently.
Thank you again for everything. I truly appreciate your partnership and advocacy on this.
Warm regards,
Mitch Kenoe
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Please be advised that this email may contain confidential information. If you are not the
intended recipient, please notify us by email by replying to the sender and delete this message.
The sender disclaims that the content of this email constitutes an offer to enter into, or the
acceptance of, any agreement; provided that the foregoing does not invalidate the binding
effect of any digital or other electronic reproduction of a manual signature that is included in
any attachment.
From: Shallcross, Jason
To: Choi, Ann
Subject: FW: Make -A -Wish Project
Date: Wednesday, October 22, 2025 1:09:41 PM
From: Anita Chapman
Sent: Thursday, August 14, 2025 11:51 AM
To: Hoefert, Paul <PHoefert@mountprospect.org>; Shallcross, Jason
<JSha I Icross@ mou ntprospect.org>
Subject: Mal<e-A-Wish Project
August 14, 2026
Dear Mayor Hoefert and Director Shallcross,
I am writing as a Mount Prospect resident to ask for your support in approving a Make -A -
Wish project fora local child, June Kenoe. June has faced complex medical challenges
since early childhood, and her wish is to have a special playhouse created by
reconfiguring an existing structure on her family's property.
The existing structure has been in place for decades and may not fully align with current
building codes. I understand the importance of safety and compliance but respectfully
ask that the Village explore any possible flexibility or streamlined processes that would
allow this project to move forward quickly and without unnecessary obstacles.
This wish represents far more than a construction project — it is a source of joy, comfort,
and hope for a child and her family during a very difficult time.
I believe our community benefits when we rally around moments like this, finding
solutions that balance safety with compassion.
Thank you for your time and thoughtful consideration. I hope the Village can help make
June's wish a reality.
Sincerely,
Anita Chapman
Maple Street Resident
From: Shallcross, Jason
To: Choi, Ann
Subject: FW: Support for June Kenoe"s Make -A -Wish Playhouse
Date: Wednesday, October 22, 2025 1:09:14 PM
From: Janet Karlov
Sent: Monday, August 18, 2025 12:21 PM
To: Hoefert, Paul <PHoefert@mountprospect.org>; Shallcross, Jason
<JSha I Icross@ mou ntprospect.org>
Subject: Support for June Kenoe's Make -A -Wish Playhouse
Dear Mr. Hoefert and Mr Shallcross
As friends and neighbors of the Kenoe family, as well as 38 year Mount Prospect
residents, we are asking for your support in approving June Kenoe's Make -A- Wish
project to create a special playhouse by reconfiguring an existing structure on the
property at 17 S Maple Street.
Tom and I have both visited the existing structure and understand that it was built
decades ago and may not meet current village code. The structure is sound and this
construction would enhance and benefit the existing building. We ask for the village's
help in allowing this project to move forward quickly- any flexibility and effort to
streamline the project would be greatly appreciated.
As friends and neighbors, we have seen first hand the struggles and medical challenges
this family has faced- and witnessed their strength and positivity throughout the
adversity. Having this worthwhile Make -A -Wish project move forward quickly, without
obstacles would provide comfort and hope for June and her family during a truly difficult
time.
Thank you
Tom and JP I<a rlov
300 East Evergreen Avenue
Mount Prospect
Mayor Paul Hoefert
Jason C. Shallcross
Director of Community & Economic Development
Village of Mount Prospect
50 S. Emerson St.
Mount Prospect, IL 60056
rA I_O_e ke 0 -.1 ((�)Z
i Lih (a I I c r oss
Subject: Support for June Kenoe's Make -A -Wish Playhouse
Dear Mayor Hoefert and Director Shallcross,
I am proud to say I'm a life-long Mount Prospect resident. After law school I met my wife, bought
a house in 1999 on Maple Street and five kids later, the rest is history. Mount Prospect truly is a
top-notch village where friendliness is a way of life.
To that end, I am writing as a Mount Prospect resident to ask for your consideration and support
in approving a Make -A -Wish project for a local child, June Kenoe, who lives just down the street
from us at 17 S. Maple. They are a wonderful family, participate in making Mount Prospect a
better place, and my 16 year old daughter regularly babysits for June. June has faced complex
medical challenges since early childhood, and her wish is to have a special playhouse created by
reconfiguring an existing structure on her family's property.
The existing structure has been in place for decades and may not fully align with current building
codes. I understand the importance of safety and compliance, but I respectfully ask that the Village
explore any possible flexibility or streamlined process that would allow this project to move
forward quickly and without unnecessary obstacles.
This wish represents far more than a construction project it is a source of j oy, comfort, and hope
for a child and her family during a very difficult time. I believe our community benefits when we
rally around moments like this, finding solutions that balance safety with compassion.
Thank you for your time and thoughtful consideration. I hope the Village can help make June's
wish a reality.
Sincerely,
Larry and Eileen Kowalczyk
11 S. Maple Street
Mount Prospect
SM
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AN EXELON COMPANY
EdisonCommonwealth
LincolnReal Estate and Facilities
t Floor
Oakbrook Terrace, IL 60181
October 28, 2025
Mitchel Kenoe
17 S . Maple Street
Mount Prospect, IL 60056
Re: PROPOSED ENCROACHMENT REQUEST
Dear Mitchel,
Pursuant to your request for an encroachment letter, this is to inform you that ComEd Company
has no objection to the proposed 7' x 14' hardscape that will be placed directly south of the
existing shed which can be seen on the attached Plat of Survey of the property legally described
as follows:
LOT 9 IN BLOCK 6 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT,
IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Please be advised that ComEd has no objection to the sub j ect encroachment, so long as the
encroachment is not increased or enlarged. Additionally, you have an obligation to ensure that
the encroaching structure does not impede ComEd's ability to safely access its facilities and does
not interfere with ComEd's use, operation and maintenance of its facilities.
The permission herein acknowledged is subject to the Additional Terms and Conditions
contained in the attachment to this letter, which terms and conditions shall be binding upon you,
and your successors and assigns.
Sincerely,
Katie Bengson
Sr. Real Estate Specialist
779-231-2411
ADDITIONAL TERMS AND CONDITIONS
1. The permission herein acknowledged is based upon information and assurances you have provided and
facts and circumstances as they currently exist or are currently known to ComEd. ComEd reserves the
right at any time hereafter to revoke the permission acknowledged herein and to require the immediate
removal of the encroaching structure from the easement premises, at your sole cost and expense, in the
event (a) that the information and assurances you have provided prove incorrect or unreliable in any
respect, (b) there is change in any relevant facts and circumstances, including without limitation any change
in ComEd's business needs or operations that may require the installation of additional overhead or
underground facilities on the subject easement premises, or (c) ComEd is made aware of additional facts
and circumstances of which it has no actual current knowledge. In the event the permission contained
herein is so revoked, you shall promptly remove all encroaching structures at your sole cost and expense,
provided ComEd reserves the right (but shall have no obligation) to remove the encroaching structure from
the easement premises and dispose of the same without liability for any loss or damage to property incurred
by you or any third parties as a result thereof. You shall be responsible for reimbursing ComEd for all
costs such removal.
2. The permission herein acknowledged is subject to the condition that you shall be liable for all damage to
property, including damage to ComEd's facilities, and any injury or death to persons resulting from or in
any way related to the construction or continuing presence of the encroaching structure on the easement
premises. By constructing or maintaining such encroaching structure, you agree to indemnify, defend and
hold harmless ComEd from and against any and all claims, liabilities, losses, proceedings, damages, costs
and expenses (including attorney's fees and costs) arising from or in any manner related to the construction
or continuing presence of the encroaching structure on the easement premises. Such cost may include any
relocation costs incurred by ComEd (including the cost of acquiring additional easements) should ComEd
elect to relocate the facilities located on the easement premises due to the subject encroachment.
3. The permission herein acknowledged shall in no way modify, limit, terminate, release, abrogate, nullify or
waive any of the rights and interests of ComEd, its successors and assigns, in and to the easement premises.
4. You shall have no right to construct additional structures or improvements upon the easement premises.
Prior to any digging upon the easement premises, you shall be responsible for locating all electrical
facilities by contacting J.U.L.I.E. at 1-800-892-0123.
5. The permission hereby acknowledged is subject to your obtaining all required approvals from applicable
governmental authorities (or third parties having any interest in the easement premises) with respect to the
encroaching structure.
6. The obligations set forth hereinabove and in the attached letter shall be binding upon you, your heirs, legal
representatives, successors and assigns.
7. This letter should be retained with your valuable papers and copies should be furnished to the title company
and your successors and/or assigns for future reference.
8. This letter may be recorded at any time by ComEd in its sole discretion.
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Date: 10/02/2025 - 12:59 PM
Design ID: 313151521704
Estimated Price: $1,527.08
*Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included.
How to recall and purchase your design at home:
1. On Menards.com, enter "Design & Buy" in the search bar
• OR 2• Select the Landscaping Designer
3. Recall your design by entering Design ID: 313151521704
4. Follow the on -screen purchasing instructions
Dimensions
4 1'
How to purchase your design at the store:
1. Enter Design ID: 313151521704 at the Design -It
Center Kiosk in the Building Materials Department
2. Follow the on -screen purchasing instructions
Project Weight: 10,2051bs
Layout dimension sheets are intended as a construction aid. Not all options selected are shown.
Final design should be performed by a registered professional engineer to ensure all applicable building codes and regulations are met.
This is an estimate. It is only for general price information. This is not an offer and there can be no legally binding contract between the parties based on this estimate. The
prices stated herein are subject to change depending upon the market conditions. The prices stated on this estimate are not firm for any time period unless specifically written
otherwise on this form. The availability of materials is subject to inventory conditions. MENARDS IS NOT RESPONSIBLE FOR ANY LOSS INCURRED BY THE
CUSTOMER WHO RELIES ON PRICES SET FORTH HEREIN OR ON THE AVAILABILITY OF ANY MATERIALS STATED HEREIN. All information on this form,
other than price, has been provided by the customer. Menards is not responsible for any errors in the information on this estimate, including but not limited to quantity,
dimension and quality. Please examine this estimate carefully. MENARDS MAKES NO REPRESENTATIONS, ORAL, WRITTEN OR OTHERWISE THAT THE
MATERIALS LISTED ARE SUITABLE FOR ANY PURPOSE BEING CONSIDERED BY THE CUSTOMER. BECAUSE OF THE WIDE VARIATIONS IN CODES,
THERE ARE NO REPRESENTATIONS THAT THE MATERIALS LISTED HEREIN MEET YOUR CODE REQUIREMENTS.
For other design systems search "Design & Buy" on Menards.com Page 1 of 3
Date: 10/02/2025 - 12:59 PM
Design ID: 313151521704
Estimated Price: $1,527.08
*Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included.
10% extra block is added to the estimate to account for spillage, cuts, breakage, and error:
Product color may vary slightly between different production runs. Make sure to purchase the entire project at once for best results!
Patio
8" X 16° (S) Braxton Paver Quarry Gray
. ... ..... .. .. .
l
Casino Blend
Border Block
8" X 16" (S) Braxton Paver Brindle
Sailor Course
Additional Materials
Paver Base
Paver Base Step 1 - 1 /2 cu ft Depth: 6"
Fabric
Duraweb Geotextile - 5.6oz - 4'x 125'
Sand
Leveling Sand Step 2 - 1/2 cu ft Depth: 1"
Edging
8' Pavemaster Max Heavy -Duty Paver Edging
Paver Locking Sand
High Performance Paver Locking Sand - 50 lb
For other design systems search "Design & Buy" on Menards.com Page 2 of 3
Date: 10/02/2025 - 12:59 PM 'yy
a
Design ID: 313151521704
Estimated Price: $1,527.08VV
*Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included. ii Y
Nil
Ridgeway Bench Sienna
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Walden Bench Project
Cut Required:
No
Assembled Weight:
1340 pounds
Width:
80 inches
Depth:
26 inches
Height:
16 inches
* Dimensions and weight approximate
You can find instructions on how to assemble your kit by going
to menards.com and searching for your kit. Your selected kit's
sku is: 1986647
For other design systems search "Design & Buy" on Menards.com Page 3 of 3
i
October 27, 2025
Mitchel Kenoe
17 S . Maple Street
Mount Prospect, IL 60056
Re: Proposed Encroachment for a Art Studio/Shed to be Located at 17 S. Maple Street, Mount
Prospect, IL 60056
Dear Mitchel:
This letter is in reply to your inquiry about the encroachment for the Art Studio/Shed Improvement hat will be
placed partially within the easement. AT&T has no objection to the encroachment however, you will be
placing the improvement knowing that if AT&T needs to access the utility easement and your improvement is
in the way of our facilities, it is within our right to ask you to remove the improvement to gain entrance. We
will not be responsible for replacing or repairing the improvements We also reserve the right to gain access to
the easement at any time if it is deemed necessary for our business needs.
Moreover, where said encroachment is located above buried cable or conduit or in close proximity to buried or
aerial plant serviced, altered, replaced, modified or maintained by Illinois Bell Telephone Company dba AT&T
Illinois, an Illinois corporation, said Company's liability to you for damage to said encroachment resulting from
such servicing, alteration, replacement, modification or maintenance is limited to restoring said encroachment
to its prior existing state to the extent such can reasonably be done under the circumstances.
Call J.U.L.I.E. before any digging 1-800-892-0123 and please maintain a 48" separation from
AT&T'% cable.
Sincerely,
Susan L Marvshum
Illinois Right of Way Manager
Midwest Construction and Engineering
AT&T
222 W. Jackson Street
Woodstock, IL 60098
847.271-5149 / SM9231@att.com
0'%'*Proud Sponsor
October 27, 2025
Mr. Mitchel Kenoe
17 S. Maple Street
Mount Prospect, IL 60056
Re: Build a Shed at 17 S. Maple Street, Mount Prospect, IL 60056 /ON Utility
Easement Encroachment.
Dear Mr. Mitchel Kenoe:
This letter serves as written acknowledgment that Comcast Cable
Communications, Inc., and its affiliates, have no objection to your request to be
allowed to encroach into the utility with building a Shed on the Utility Easement
Encroachment on the above -mentioned property.
Please contact J.U.L.I.E. (800-892-0123) prior to any excavation on the property,
to assure that any cable lines will not be damaged. If for any reason our cable
facilities have to be relocated, please contact me so I can make arrangements for
this.
The encroachment herein granted does not under any circumstances abrogate
nor nullify the rights and interests of Comcast Cable Communications, Inc., and
its affiliates in and to the easements of record, pertaining to the aforesaid
property.
Very truly yours,
Robert L. Schulter, Jr.
Central Division Director of Construction
(224) 229-5863
ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE FOR A REDUCED
REAR YARD SETBACK FOR ACCESSORY STRUCTURES, AND
VARIATIONS FROM THE LOT COVERAGE REQUIREMENT AND THE
ACCESSORY STRUCTURE SIZE, HEIGHT AND LOCATION
REQUIREMENTS FOR PROPERTY LOCATED AT
17 SOUTH MAPLE STREET, MOUNT PROSPECT, ILLINOIS
WHEREAS, Mitch Kenoe ("Petitioner"), filed an application for a conditional use
to reduce the rear yard setback for accessory structures, and variations from the
Lot coverage requirement and the accessory structure size, height, and location
requirements, for the construction of an art/play studio including a porch/patio
addition, for the property located at 17 South Maple Street ("Subject Property") in
the Village of Mount Prospect, Illinois and legally described as follows:
LOT 9 IN BLOCK 6 IN BUSSE AN D WI LLE'S RESU BD IVISION IN MOUNT PROSPECT,
IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS;
PROPERTY INDEX NUMBER: 08-12-105-009-0000; a n d
WHEREAS, the Petitioner seeks relief from the Village of Mount Prospect's zoning
regulations in order to convert an existing accessory structure on his residential
property into an art/play studio using a grant from the Make -A -Wish foundation;
and
WHEREAS, the Petitioner seeks a conditional use permit to reduce the rear yard
setbackfor accessory structures from three feet (3'-0") to zero feet two inches (0I -
2") for the construction of the art/play studio including a porch/patio addition; and
WHEREAS, the Petitioner seeks a variation from Section 14.306(A)(3)(a) to permit
an increase of the maximum height requirement of an accessory structure in a
residential district from ten feet (10'-0") to approximately ten feet eight inches
(10. 67'); and
WHEREAS, the Petitioner seeks a variation from Section 14.306(B)(1)(b) to permit
an increase to the maximum size requirement of an accessory structure from one
hundred fifty-seven square feet (157 SF) to three hundred twenty-three square
feet (323 SF); and
WHEREAS, the Petitioner seeks a variation from Section 14.306(B)(2)(c) to permit
an accessory structure to be constructed within an easement; and
WHEREAS, the Petitioner seeks a variation from Section 14.1005(C)(1) to permit
an increase to the maximum lot coverage requirement from fifty percent (50%) to
fifty-six and two -tenths percent (56.2%); and
WHEREAS, a public hearing was held on the conditional use and variation
requests, being the subject of PZ-26-25 before the Planning and Zoning
Commission of the Village of Mount Prospect on the 13th day of November, 2025,
pursuant to proper legal notice having been published in the Daily Herald
Newspaper on the 29th day of October, 2025; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and
recommendations of approval, with specific conditions, to the President and
Board of Trustees in support of the requests being the subject of PZ-26-25; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have given consideration to the requests herein and have determined that the
same meets the standards of the Village and that the granting of the proposed
conditional use permit and variations would be in the best interest of the Village;
and
WHEREAS, by granting the Petitioner's requested conditional use permit and
zoning variations, the Village of Mount Prospect will comply with Title II of the
Americans with Disabilities Act by making reasonable modifications or
accommodations to its policies, practices, and regulations when such
modifications are needed to allow individuals with disabilities to use and enjoy
their residences.
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:
SECTION ONE: That the recitals set forth hereinabove are incorporated herein as
findings of fact by the President and Board of Trustees of the Village of Mount
Prospect.
SECTION TWO: The President and Board of Trustees of the Village of Mount
Prospect do hereby approve a conditional use permit to reduce the rear yard
setback for accessory structures from three feet (3'-0") to zero feet two inches (0'-
2") for the construction of an art/play studio including aporch/patio addition; a
variation from Section 14.306(A)(3)(a) to permit an increase to the maximum
height requirement of an accessory structure in a residential district from ten feet
(10'-0") to ten feet eight inches (10.67'); a variation from Section 14.306(B)(1)(b)
to permit an increase to the maximum size requirement of an accessory structure
from one hundred fifty-seven square feet (157 SF) to three hundred twenty-three
square feet (323 SF); and a variation from Section 14.1005(C)(1) to permit an
increase to the maximum lot coverage requirement from fifty percent (50%) to
fifty-six and two -tenths percent (56.2%), for the property located at 17 South
Maple Street, Case No. PZ-26-25, subject to the following conditions:
1. The improvements shall be in strict conformance with the plat of
survey/site plan, a copy of which is attached hereto and made a part
hereof as Exhibit "A."
2. Prior to the issuance of a building permit, a French drain, or other
acceptable means of providing the required storage/infiltration for the
area exceeding allowable lot coverage, shall be provided to the
satisfaction of the Village Engineer.
3. The conditional use for the reduced rear yard setback for accessory
structures shall apply to the art/play studio including the porch/patio
addition only and shall not apply to any other principal or accessory
structure.
4. The art/play studio including the porch/patio addition shall be used
only for personal, non-commercial purposes consistent with the Make -
A -Wish Foundation request and satisfy Village Home Occupation
regulations.
5. The art/play studio including the porch/patio addition shall be
demolished in its entirety prior to the Village's issuance of a transfer
stamp for any future sale or conveyance of the property.
6. The Petitioner shall obtain written approval from all applicable utility
providers authorizing the art/play studio including the porch/patio
addition to remain in its proposed location and shall comply with any
conditions or requirements imposed by the utility companies.
SECTION THREE: Except for the conditional use and variations granted herein,
all other applicable Village of Mount Prospect, Illinois ordinances and
regulations shall remain in full force and effect as to the Subject Property.
SECTION FOUR: The Village Clerk is hereby authorized and directed to record a
certified copy of this Ordinance and Exhibit "A" with the Recorder of Deeds of
Cook County.
SECTION FIVE: This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by
Law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 2nd day of December, 2025.
PaulWm. Hoefert, Mayor
ATTEST:
Karen M. Agoranos, Village Clerk
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-26-25
PROPERTY ADDRESS:
PETITIONER:
PUBLICATION DATE:
Hearing Date: November 13, 2025
17 S. Maple Street
Mitch Kenoe
October 29, 2025
REQUEST: Conditional use to reduce the minimum rear yard
setback and variations to permit an increase to the
maximum accessory structure height, maximum
accessory structure size, maximum lot coverage, and to
allow an accessory structure to be located within an
easement.
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Walter Szymczak
Richard Rogers
Fay Costa
MEMBERS ABSENT: Ewa Weir
Donald Olsen
Michael Fricano
STAFF MEMBERS PRESENT: Charles Hogan -Development Planner
Jason Shallcross - Director of Community & Economic
Development
INTERESTED PARTIES: Mitch Kenoe, Petitioner/Property Owner
Tom Karlov, Resident and Neighbor
Chairman Donnelly called the meeting to order at 7:01 PM. Vice Chairman Beattie made a
motion seconded by Commissioner Szymczak to approve the minutes from the Planning
and Zoning Commission meeting on October 23, 2025. The minutes were approved 4-0
(Commissioner Costa arrived after the approval of the meeting minutes).
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
Chairman Donnelly introduced case number PZ-26-25, 17 S. Maple Street, a request for
conditional use approval to reduce the rear yard setback and variations to allow increases
to accessory structure height, size, and lot coverage, as well as a variation to permit an
accessory structure to be located within an easement.
Director Shallcross presented the existing nonconforming shed (constructed by a previous
homeowner) at the rear of the property and the requested zoning relief for the conversion
of an existing shed into an art studio with a porch addition, including:
• Avariation from Section 14.306(A)(3)(a) to permit an increase to the maximum
height requirement of an accessory structure in a residential district from 10 feet to
10.67 feet. (+6.7% PZ Final)
• Avariation from Section 14.306(B)(1)(b) to permit an increase to the maximum size
requirement of an accessory structure from 157 square feet to 323 square feet.
(+205.7% VB Final)
• Avariation from Section 14.306(B)(2)(c) to permit an accessory structure to be
constructed within an easement in perpetuity. (VB Final)
• Avariation from Section 14.1005(C)(1) to permit an increase to the maximum lot
coverage requirement from 50% to 56.2%. (+12.3% PZ Final)
• A conditional use permit to reduce the minimum rear yard setback for accessory
structures from 3 feet (T-O") to 2 inches (0'-2") for the construction of an accessory
structure. (-94.4% VB Final)
Director Shallcross presented a slide providing compliance with the bulk regulations of the
R-a district. out that the existing lot coverage already exceeds what is permitted.
Director Shallcross noted that staff reviewed ADA Title II considerations and acknowledged
the medical documentation submitted showing the therapeutic benefit of the structure for
the petitioner's daughter. Director Shallcross clarified that while the interior conversion of
the shed could be permitted as a reasonable accommodation, the porch addition requires
zoning approval because it is considered new construction. A condition of the permit
required that the shed would need to de -convert the shed into an art studio or completely
demolish the shed.
Director Shallcross further explained that no letters of objection were received from
applicable utility companies regarding the structure's location beneath overhead utility
Lines, provided that no further expansion occurs.
Director Shallcross concluded his presentation with staff's recommendation approving of
the conditional use and variations as a reasonable accommodation but did not support
allowing the structure to remain beyond the sale of the home. Recommended conditions
included:
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
Director Shallcross concluded that staff finds that the proposed conditional use and
variations satisfy the criteria for a reasonable accommodation under the Americans with
Disabilities Act but did not support allowing the structure to remain beyond the sale of the
home. Director Shallcross requested that the Planning and Zoning Commission make a
motion to adopt staff's findings as the findings of the Planning and Zoning Commission and
recommend approval of the following motion:
"Motion to:
1. Approve a variation from Section 14.306(A)(3)(a) to permit an increase to the
maximum height requirement of an accessory structure in a residential district from
10 feet to 10.67 feet.
2. Approve a variation from Section 14.1005(C)(1) to permit an increase to the
maximum lot coverage requirement from 50% to 56.2%, subject to the following
condition:
a. Prior to the issuance of a building permit, a French drain, or other acceptable
means of providing the required storage/infiltration for the area exceeding
allowable lot coverage, shall be provided to the satisfaction of the Village
Engineer.
3. Recommend approval of a conditional use to reduce the minimum rear side yard
setback applicable to accessory structures from three feet (3'-0") to zero feet two
inches (0'-2") for the construction of an accessory structure at 17 S Maple Street,
Case No. PZ-26-25, subject to the following conditions:
a. The conditional use for the reduced rear yard setback for accessory
structures shall apply to the art/play studio including the porch/patio
addition only and shall not apply to any other principal or accessory
structure;
b. The improvements shall be in strict conformance with the plat of survey
attached as Exhibit B of the staff report;
c. The art/play studio shall be used only for personal, non-commercial
purposes consistent with the Make -A -Wish Foundation request and satisfy
Village Home Occupation regulations; and
d. The art/play studio including the porch/patio addition shall be restored to its
original nonconforming shed use or shall be demolished in its entirety prior
to the Village's issuance of a transfer stamp for any future sale or
conveyance of the property.
4. Recommend approval of a variation from Section 14.306(B)(1)(b) to permit an
increase to the maximum size requirement of an accessory structure from 157
square feet to 323 SF.
5. Recommend approval of a variation from Section 14.306(B)(2)(c) to permit an
accessory structure to be constructed within an easement, subject to the following
condition:
a. The Petitioner shall obtain written approval from all applicable utility
providers authorizing the art/play studio including the porch/patio addition to
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
4
remain in its proposed location and shall comply with any conditions or
requirements imposed by the utility companies.
6. Recommend approval of a statement to the Village Board that, recognizing that
certain zoning requests in the application are Planning and Zoning Commission
final and others merely recommendations, the Village Board review the application
as a whole, feeling free to modify or rescind any aspects of the application that are
Planning and Zoning Commission final where it deems it in the best interest of the
Village."
Director Shallcross highlighted the inclusion of the sixth condition that would allow the
Village Board to modify or rescind any of the zoning requests that were already approved by
the Planning and Zoning Commission.
Director Shallcross stated that the Planning and Zoning Commission's decision on the
request for increased accessory structure size and lot coverage, and the Village Board's
decision is final for the remaining requests. Chairman Donnelly asked what would happen
if the Planning and Zoning Commission would deny the requests under the authority of the
Planning and Zoning Commission. Director Shallcross stated that all zoning requests that
are Planning and Zoning Commission final, if denied by the Commission, would be
appealable to the Village Board, and an appeal would need to be filed within five days of
the denial.
Director Shallcross also reviewed the conditions of approval:
1. Prior to the issuance of a building permit, a French drain, or other acceptable
means of providing the required storage/infiltration for the area exceeding allowable
Lot coverage, shall be provided to the satisfaction of the Village Engineer.
2. The conditional use for the reduced rear yard setback for accessory structures shall
apply to the art/play studio including the porch/patio addition only and shall not
apply to any other principal or accessory structure;
3. The improvements shall be in strict conformance with the plat of survey attached as
Exhibit B of the staff report;
4. The art/play studio shall be used only for personal, non-commercial purposes
consistent with the Make -A -Wish Foundation request and satisfy Village Home
Occupation regulations; and
5. The art/play studio, including the porch/patio addition shall be restored to its
original nonconforming shed use or shall be demolished in its entirety prior to the
Village's issuance of a transfer stamp for any future sale or conveyance of the
property.
6. The Petitioner shall obtain written approval from all applicable utility providers
authorizing the art/play studio including the porch/patio addition to remain in its
proposed location and shall comply with any conditions or requirements imposed
by the utility companies.
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
Chairman Donnelly stated that the shed was constructed without a permit, and the lot
coverage was not checked when the shed was built. Director Shallcross confirmed that the
shed is an illegal nonconforming structure.
Vice Chairman Beattie expressed confusion how the zoning requests were related to the
disability of the petitioner's daughter. Director Shallcross stated that the Petitioner
provided a letter from a medical professional overseeing the treatment of the Petitioner's
daughter documenting the disability and the use of the shed as beneficial for therapeutic
purposes.
Hearing no further comments, Chairman Donnelly closed the public hearing and swore in
the petitioner, Mitch Kenoe, 17 S. Maple Street.
Mr. Kenoe described the project as part of a Make -A -Wish Foundation experience for his
daughter, who suffers from chronic medical conditions including Juvenile Idiopathic
Arthritis and a brain anomaly requiring ongoing therapies. Mr. Kenoe stated that the
art/play studio provides a therapeutic, calming environment that helps her decompress
after treatments. Mr. Kenoe explained that the Make -A -Wish funding has already been
used for wiring, insulation, and interior improvements, making reconstruction infeasible.
Mr. Kenoe stated that he is willing to install the French drain and comply with all required
conditions. Mr. Kenoe requested consideration for allowing the structure to remain beyond
the sale of the home, noting the structure's compatibility with the neighborhood.
Vice Chairman Beattie asked the Petitioner what the connection between the Petitioner's
daughter's medical conditions and the improvements being requested. Mr. Kenoe
explained that the accommodation is intended to address his daughter's significant
emotional and psychological trauma related to her medical care. Mr. Kenoe noted that
although his daughter currently has no physical limitations due to ongoing treatment, she
has experienced severe medical events, including two anaphylactic reactions in the past
year, and continues to undergo frequent medical interventions. The proposed
improvements are intended to provide a safe, calming space to help manage her anxiety
associated with these ongoing medical needs.
Chairman Donnelly asked the Petitioner to clarify why the existing non -permitted shed
must remain to accommodate his daughter's needs, and he questioned what alternatives
were considered to provide a code -compliant space within the backyard and why those
options were not pursued instead of relying on a structure that does not meet Village
requirements. Chairman Donnelly asked if the Make -A -Wish foundation provide the money
to provide a shed, a legal shed, on the property for her. Mr. Kenoe responded that no
alternative structure was pursued because the family has already invested their available
funds into the temporary conversion of the existing shed, as previously described by
Director Shallcross. Mr. Kenoe explained that the only remaining grant funds are
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
designated specifically for the hardscape patio shown in the renderings, which would
provide accessible connection to the structure.
Chairman Donnelly asked Mr. Kenoe whether a building permit had been obtained prior to
undertaking the temporary conversion of the shed. Mr. Kenoe confirmed that the permit for
the temporary work was secured with the Village before the conversion was completed.
Commissioner Rogers asked whether the structure was constructed on a slab -on -grade
foundation and if the Petitioner was aware that, should utility work be required in the area,
the entire structure might need to be removed. Mr. Kenoe confirmed that he is aware of the
potential risk associated with the structure's location beneath the utility lines and stated
that he had spoken with all three utility providers, who indicated they had no objections
given the circumstances. Chairman Donnelly also noted that it was noted in the staff
report that the Petitioner is aware and there are letters from the utility companies stating
that they do not have any concerns with the structure there.
Chairman Donnelly noted additional concerns regarding the property's lot coverage and
potential drainage impacts. Chairman Donnelly explained that the concrete structure is
Located within an area where several properties drain toward the rear yards. Chairman
Donnelly stated that this presents a technical concern for the Commission's
consideration.
Vice Chairman Beattie asked the Petitioner if the porch addition was a necessity or if the
shed conversion would be sufficient to fill the therapeutic needs of the Petitioner's
daughter. Mr. Kenoe replied that the removal of the porch addition could be a
consideration and concession that could be made.
Chairman Donnelly noted that while staff's recommendation already includes a condition
requiring the removal or restoration of the structure prior to the sale of the property, he
would be supportive of a condition clarifying that the structure must be demolished to
bring the lot back into conformance. Chairman Donnelly stated that this approach would
allow the petitioner to maintain use of the art/play studio during their occupancy but would
require its removal once the property is sold, ensuring the site ultimately complies with
zoning regulations related to lot coverage and drainage.
Mr. Kenoe stated that he preferred a condition that would allow the structure to remain on
the property in perpetuity, provided its use remained non -habitable. He emphasized that
the shed pre -dated his ownership by decades and that its improvement into an art/play
studio has enhanced the property and surrounding neighborhood.
Chairman Donnelly responded that typically, non -permitted accessory structures would
be required to be removed to restore compliance but acknowledged the unique
accessibility circumstances presented by the petitioner. Vice Chairman Beattie agreed,
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
stating that while the request is understandable given the needs of the petitioner's
daughter, the relief should remain tied to those needs rather than run with the land. Vice
Chairman Beattie noted that the intent of the accommodation is not to increase the
property's resale value, but to address an accessibility -related necessity.
Mr. Kenoe asked whether the structure could remain and simply be reverted to a shed use
upon sale of the property. Vice Chairman Beattie and Chairman Donnelly explained that
full removal would likely be necessary to restore compliance with lot coverage and
drainage requirements. Mr. Kenoe then asked for clarification that the Commission would
consider approval contingent on the removal of the structure upon sale of the home, to
which Chairman Donnelly indicated leaning towards that direction.
Director Shallcross clarified that staff's recommended condition already specifies that the
art/play studio and porch/patio addition must either be restored to its original non-
conforming shed use or demolished in its entirety prior to the Village's issuance of a
transfer stamp. Director Shallcross advised that, should the Commission wish to modify
the condition to require demolition only, that modification should be explicitly included in
the motion to approve.
Vice Chairman Beattie noted that the petitioner faced a unique situation, having inherited a
non -compliant structure not of his own doing. Vice Chairman Beattie suggested that,
rather than maintaining a structure that required multiple variances, it might be preferable
to construct a compliant alternative elsewhere on the lot.
Mr. Kenoe responded that the structure was already fully improved with insulation, drywall,
and windows, and that the work was completed through the Make -A -Wish Foundation. Mr.
Kenoe stated that numerous options had been considered but this project best met his
family's needs given their circumstances and health limitations. Mr. Kenoe added that
Make -A -Wish had already funded and completed the work, and that the improvements
were completed with the Village's knowledge.
Chairman Donnelly invited the public to speak. Tom Karlov, 300 E. Evergreen Avenue,
spoke in support of the petition. Mr. Karlov stated that he has known the petitioner's family
for approximately five years and noted that both Mr. Kenoe's wife and daughter have
serious health conditions. Mr. Karlov explained that the community previously organized
fundraisers, including the "June Bug Fund," to assist the family. Mr. Karlov stated that the
shed has existed for decades and was improved through the Make -A -Wish Foundation to
provide a space where the petitioner's wife and daughter could spend time together. Mr.
Karlov described the structure as well-built and compatible with the neighborhood and
expressed his full support for allowing it to remain.
Mr. Karlov and Chairman Donnelly discussed neighborhood drainage, with Mr. Karlov
stating that he was not aware of any current flooding or drainage issues in the area. Mr.
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
Karlov emphasized that the shed has existed for decades, is well built, and complements
the historic character of the neighborhood. Mr. Karlov expressed his hope that the
structure could continue to remain and provide a space for the petitioner's wife and
daughter to spend time together.
Commissioner Costa inquired about the height of the structure and its proximity to the
ComEd utility lines, asking whether the utility's approval was permanent or time limited.
Vice Chairman noted that utility representatives had confirmed the structure's placement
within the easement and their need for continued access. Director Shallcross added that
all utility providers, including ComEd, had approved the plans as submitted specifically
prohibiting any future expansion but allowing the existing structure and porch to remain.
Hearing no further comments, Chairman Donnelly closed the public hearing.
Chairman Donnelly stated that the goal should be to eventually bring the property back
into full zoning compliance, noting that while the family may remain in the home for many
years, the Village cannot predict how future commissions might view the nonconforming
structure. Chairman Donnelly supported allowing continued use during the current
ownership but requiring demolition prior to resale to ensure long-term compliance.
Director Shallcross confirmed that a future property owner could petition to amend the
ordinance and request that the condition be modified or removed at a later date but
emphasized that the current approval should require removal prior to issuance ofa
transfer stamp. Director Shallcross advised against imposing any fixed time limit,
recommending that the transfer -stamp condition remain as the most enforceable
mechanism.
Chairman Donnelly summarized that the intent is to allow the existing use for the benefit of
the current family, while ensuring the property returns to compliance once the home is
sold consistent with how the Village has handled past accessibility -related
accommodations.
Director Shallcross clarified that the current discussion concerned only whether the
property must be restored to compliance upon sale, not the separate issue of the porch
addition. Director Shallcross explained that the proposed modification would remove the
option for the petitioner to restore the structure to a nonconforming shed and instead
require full removal prior to the sale of the property.
Vice Chairman Beattie confirmed that the intent was to strike the phrase "restored to its
original nonconforming shed use" from the staff -recommended condition, thereby
requiring demolition of the structure to bring the lot back into compliance. Chairman
Donnelly reiterated that the condition would ensure conformance at resale while allowing
the family to continue use of the structure during their occupancy.
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
Vice Chairman Beattie asked whether a condition should be added to prohibit the
structure from being made habitable or equipped with plumbing. Director Shallcross
responded that such use is already prohibited by the zoning code and that any conversion
to a living space would constitute a violation of other zoning code regulations. The
Commission agreed that no additional conditions were necessary.
Chairman Donnelly then asked whether there were any concerns regarding the proposed
porch addition. Director Shallcross noted that the porch would extend seven feet from the
south side of the existing shed, continuing the existing two-inch setback from the rear
property line and maintaining the nonconforming condition.
A straw vote was taken regarding modification of staff's recommended transfer -stamp
condition. By a vote of 3-2, the Planning and Zoning Commission supported requiring
complete demolition of the accessory structure upon the future sale of the subject
property, removing the option to restore the structure to a storage shed.
Chairman Donnelly acknowledged that while the porch and associated coverage increase
are not ideal, he supported the modification given the accessibility -related purpose of the
request and the condition requiring drainage improvements to the satisfaction of the
Village Engineer.
Hearing no further comments or questions, Chairman Donnelly closed the hearing and
asked fora motion. Commissioner Beattie made motion and Commissioner Szymczak
seconded the motion to approve the requests as listed in the staff report, but amending a
condition, and summarized here:
1. Approve a variation from Section 14.306(A)(3)(a) to permit an increase to the
maximum height requirement of an accessory structure in a residential district from
10 feet to 10.67 feet.
2. Approve a variation from Section 14.1005(C)(1) to permit an increase to the
maximum lot coverage requirement from 50% to 56.2%, subject to the following
condition:
a. Prior to the issuance of a building permit, a French drain, or other acceptable
means of providing the required storage/infiltration for the area exceeding
allowable lot coverage, shall be provided to the satisfaction of the Village
Engineer.
3. Recommend approval of a conditional use to reduce the minimum rear side yard
setback applicable to accessory structures from three feet (3'-0") to zero feet two
inches (0'-2") for the construction of an accessory structure at 17 S Maple Street,
Case No. PZ-26-25, subject to the following conditions:
a. The conditional use for the reduced rear yard setback for accessory
structures shall apply to the art/play studio including the porch/patio
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25
10
addition only and shall not apply to any other principal or accessory
structure;
b. The improvements shall be in strict conformance with the plat of survey
attached as Exhibit B of the staff report;
c. The art/play studio shall be used only for personal, non-commercial
purposes consistent with the Make -A -Wish Foundation request and satisfy
Village Home Occupation regulations; and
d. The art/play studio, including the porch/patio addition, shall be demolished
in its entirety prior to the Village's issuance of a transfer stamp for any future
sale or conveyance of the property.
4. Recommend approval of a variation from Section 14.306(B)(1)(b) to permit an
increase to the maximum size requirement of an accessory structure from 157
square feet to 323 SF.
5. Recommend approval of a variation from Section 14.306(B)(2)(c) to permit an
accessory structure to be constructed within an easement, subject to the following
condition:
a. The Petitioner shall obtain written approval from all applicable utility
providers authorizing the art/play studio including the porch/patio addition to
remain in its proposed location and shall comply with any conditions or
requirements imposed by the utility companies.
6. Recommend approval of a statement to the Village Board that, recognizing that
certain zoning requests in the application are Planning and Zoning Commission
final and others merely recommendations, the Village Board review the application
as a whole, feeling free to modify or rescind any aspects of the application that are
Planning and Zoning Commission final where it deems it in the best interest of the
Village.
UPON ROLL CALL AYES: Szymczak, Beattie, Costa, Donnelly
NAYS: Rogers
The Planning and Zoning Commission gave a positive recommendation (4-1) for the next
Village Board meeting to be held on December 2, 2025.
After hearing three more items of new business, Chairman Donnelly asked if there were
any citizens to be heard.
Hearing no further discussion, Vice Chairman Beattie made a motion, seconded by
Commissioner Szymczak, and the meeting was adjourned at8:34 PM.
J/
Ann Choi, Development Planner
Planning & Zoning Commission Meeting — November 13, 2025 PZ-26-25