HomeMy WebLinkAbout03/23/2000 ZBA minutes 04-2000 MINUTES OF THE REGULAR MEETING OF TI-IE
MOUNT PROSPECT ZONING BOARD OF APPEALS
CASE NO. ZBA-04-2000 Hearing Date: March 23, 2000
PETITIONER: Jeff Martinez
SUBJECT PROPERTY: 305 Kensington Rd.
PUBLICATION DATE: February 9, 2000 DAILY HERALD
REQUEST: Conditional Use for the establishment of a fast food restaurant with a drive-
through
MEMBERS PRESENT: Merrill Cotten
Leo Floros
Richard Rogers
Keith Youngquist
Arlene Juracek, Chairperson
MEMBERS ABSENT: Elizabeth Luxem
STAFF MEMBERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development
INTERESTED PARTIES: Jeff Martinez
Warren Kostak
Chair~rson Arlene Juraeek called the meeting to order at 7:32 p.m. Minutes oftbe February 24, 2000 meeting were
approved with corre~ions. Ms. Juracek introduced Case ZBA-04-2000, which had been postponed from the meeting
of February 24, 2000.
Michael Blue, Deputy Director of Community Development introduced the ease, indicating that notice had been
provided in the newspaper, mailed notices, and through signage on the property. He indicated this was a Conditional
Use request for a restaurant with a drive-through and that the subject property is about 0.6 acres in 'size and will
include an approximately 2,900 square foot fast food restaurant with drive-through and 32 parking spaces. The site is
located directly east of the existing Loft Restaurant, and is part of a larger (1.5 acre) property being developed by the
petitione~. The 0.83 aercs south of the subject property will be developed as an overflow parking area for the Loft and
the proposed restaurant. That portion meets all zoning requirements but will require a plat of subdivision.
Mr. Blue identified the property as being located in the B-3 Commercial Shopping district, which requires that the
restaurant is a conditional use due to the drive through. He also indicated that no variations are required by the
petitioner. The property Was described as being designated for general commercial/office use in the Comprehensive
Plan, and it was noted' that the proposed restaurant is in keeping with that designation. The Rand Road Plan, aa
element of the comprehensive plan, identified the possibility of a ""Ring Road"" system to reduce traffic at the
intersection of 83/RandffKeasington. It was noted that one of the "Ring Road" options ran along the east edge of this
site, and that while .there are no near term plans for the "Ring Road" to be built, the proposed site plan took that
possibility into account.
The structure and elevation were d0scribed as being constructed of conereta block, dyed red and gray. The building is
accented with green and white' awnings, and includes a parapet wall to screen rooftop, mechanical equipment.
Therefore, the building generally reflects the i~olicy established by ~e Village Board and-ZBA of requiring brick
construction for conditional uses
Zoning Board of Appeals ZBA-04-2¢'~
Arlene Juracek, Chairperson Page Z
Mr. Blue indicated that the preliminary landscape plan included a minimum of 10 feet of landscaping around all
parking lots and the perimeter of the site, and that about 30% of the site was devoted to green space. He also noted
that additional landscape material would be required (per code) in the perimeter landscape areas and for foundation
landscaping, and that these would be resolved in the building permit process. Additional landscape materials were also
recommended for the east side of the building (which is closest to the residential uses).
Regarding parking and stacking, the Zoning Ordinance requires 12 spaces per 1,000 square feet (35 for this case) and
eight stacking spaces. The proposal includes the eight stacking spaces and 32 parking spaces. Additional parking will
be available in the shared lot to the south, and will be secured with an access easement between the two properties.
Therefore, the site meets its parking and stacking requirements.
As for findings regarding the Conditional Use, Mr. Blue indicated that the proposal is similar in intensity to the
surrounding area, complies with the comprehensive plan and zoning ordinance requirements, and would have little or
no impact on the surrounding area. Therefore, Staff recommends that the ZBA recommend approval of the proposed
Conditional-Use to permit the establishment ora fast food restaurant with drive-through at 305 Kensington Road, Case
No. ZBA-04-2000 with the conditiohs listed in the staff report. He noted that the Village Board's decision is final for
this case.
Richard Rogers asked if this was the property where all the trees had been recently removed. Mr. Blue said it was and
indicated, that to remedy the loss of so many trees, additional landscaping would be required along the east side of the
site.
Mr. Flores asked if the petitioner was also the owner of the Loft Restaurant. Mr. Blue answered affirmatively. ~. ~'
Merrill Cotten asked with whom the petitioner had a cross-access parking agreement.9 Mr. Blue said the easement was
with the Loft Restaurant.
Mr. Youngquist asked about detention for the property and the Loft property. Mr. Jeff Martinez, the owner of both
properties, came forward to say the proposed detention would have the capacity to serve both locations.
Warren Kostak, 55 E. Euclid, was sworn in and stated he was the architect for the project and would address any
concerns for the Board. Ms. Juracek asked if the plans complied with MWRD and IDOT regulations. Mr. Kostak said
they did.
Mr. Rogers said he did not approve of the use of stained concrete block and asked if the petitioner would consider
using brick instead. Mr. Kostak said they had chosen the concrete block because it was to be a casual fast-food
restaurant and block would be an effective way to project that image to the clientele.
Ms. Juracek asked if there were any questions from the audience. Being none, the Public Hearing was closed at 7:52
and petition brought back to the Board. Ms. Juracek asked the Board if they wanted to make the use of brick another
condition for approval of the request. Some members said if Code did not require brick, the Board should not, and
some members said the brick would improve the appearance of the site, which had already been made less attractive by
cutting down the trees.
After discussion by the Board, Richard Rogers made a motion to recommend an additional condition that brick be used
instead of stained concrete block in the construction of the restaurant. Keith Youngquist seconded the motions
UPON ROLL CALL: AYES: Youngqui~t, Rogers
NAYS: Cott~n~ Flores; Juracek
Motion failed 3-2.
oning Board of Appeals ZBA-04-2000
Arlene Juracek, Chairperson Page 3
Richard Rogers made a motion to recommend to the Village Board approval for a Conditional Use for the
establishment ora fast food restaurant with a drive-through with the seven conditions identified in Staffs memo to the
Board. Leo Floros seconded the motion.
UPON ROLL CALL: AYES: Cotten, Floros, Youngquist, Rogers, and Juracek
NAYS: None
Motion was approved 5-0.
At 9:20 p.m., after three cases were heard under Ne~v Business, Leo Floros made motion to adjourn, seconded by Keith
Youngquist. The motion was approved by a voice vote and the meeting was adjourned.
~arbara Swiatek, Planning Secretary
Deputy Director of Community Development