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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