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HomeMy WebLinkAbout01/27/2000 ZBA minutes 26-99 MIIN'UTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-26-99 Hearing Date: January 27, 2000 PETITIONER: Taco Twins 2275 Half Day Road, Suite 300 Bannoekburn, IL 60015 SUBJECT PROPERTY: 820 E. Rand Road PUBLICATION DATE: August 11, 1999 MOUNT PROSPECT JOURNAL REQUEST: Conditional Use and Variations to establish a fast food restaurant with a drive-through window- reconsideration of an item from the 10/28/99 meeting. MEMBERS PRESENT: Merrill Cotten Leo Flores Elizabeth Luxem Richard Rogers, Acting Chairperson Keith Youngquist MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Michael Blue, AICP, Deputy Director of Community Development Jeffery Perkins, Planner INTERESTED PARTIES: Thomas V. Scesniak A~ing Chairperson Richard Rogers called the meeting to order at 7:35 p.m. Minutes of the October 28 and November 11 meefin~ were approved, with one abstention by Merrill Cottom Mr. Rogers announced the withdrawal of Case No. ZBA-01-2000. At 7:39 pan., under Old Business, Mr. Rogers reopened Case No. ZBA-26-99, a request for a Conditional Use and Variations to establish a fast food restaurant with a drive-through window. Seffory Perkins, planner, lhan introduced the ~f memoranSum for the item, recons~deratten of an item that the ZBA originally considered at its meeting of O~teber 28, 1999. He reminded the ZBA that they recommended approval of the Conditional Use and Variations with a number of conditions at that time. He added that among the conditions of approval was a requirement that the applicant must provide cross access agreements between the subject property, Thundeeoird Lanes and Menard's. Mr. Perkins stated that, in order to fulfill that requirement, the applicant needs the cooperation of the adjacent property owners. He added that, in order to address concerns raised by the owner of Thunderbird Lanes regarding possible conflicts with the shared a~eess for the two sites and stacking vehicles from the Taco Bell drive-through, the applicant modified the site to allow for more stacking. Mr. Perkins stated that Staff presented the revised plans for the item to the Village Board at its meeting of January 1 2000 and the Board voted to remand the item back to the ZBA. Mr. Perkins then described the ~vised plan, which provides for stacking for 13 vehicles at the drive-through by shifting the building location to the north and relocating parking spaces. He added that the Site Plan previously considered by tho ZBA required three Variations; to reduce the number of required stacking spaces from eight to s~-van, to reduce the p~king requirement from 40 to 37 spaces, and to reducing the front parking setback from 30' to 10'. He stated fh,~_ the revised plan would require only two Variations; to reduce the parking requirement from 40 to 3~ apec~ and to reduce the front parking setback to 10'. Zoning Board of Appeals ZBA-26-99/January 27, 2000Hearinc~: Arlene Juracek, Chairperson Page 2 Mr. Perkins stated that the owner of Thunderbird lanes had also requested that the entrance to the Taco Bell site be widened to 3 lanes to allow for separate right-mm and leR-tum lanes exiting the site. He added that the turn lanes would help the Village to provide the overall circulation pattern in the area identified in the Rand Road Corridor Plan, so the ZBA should include this item as a condition of approval. Based on its analysis of the proposal with respect to Zoning Code standards for Conditional Uses and Variations, Mr. Perkins gave staff's recommendation that the ZBA recommend to the Village Board approval of the requested Conditional Use and Variations for a fast food restaurant and drive-through with the conditions included in the staff report. Richard Rogers asked Mr. Perkins if Thunderbird Lanes and Manards approved of this plan and had agreed to provide the required cross-access agreements. Mr. Perkins responded that officials from Menards had given verbal approval to providing cross-access, but had not yet provided signed documentation: He stated that representatives of Thunderbird Lanes had reviewed the revised plans and that their only comments were that they would prefer the three-lane exit. He added that a cross-access agreement between the subject property and Thunderbird was already in place. Thomas V. Sceaniak, 1754 W. Wise Road, Schaumburg, was sworn in. He said the comments generated by staff were discussed at a preliminary meeting and the statement that the applicant refused to widen the driveway is not true. He stated that they took it under advisement and had no objections to doing that. He asserted that the driveway has there since 1962 m its current form and should remmn m that form. He added that the property owner has agreed provide an easement for the part of their property to be used as a cross access. He informed the ZBA the current plan was proposed to address the concerns raised by the owners of Thunderbird Lanes regarding stacking. Mr. Scesniak, presented corrected site calculations of 6.72% building coverage, 47.1% greenspace, and 46.15% lot coverage. He stated that the proposed three-l~ne exit lane wouldn't enhance or inhibit the movement through the area. He added that the driveway at the southern end of property, which is not owned by the petitioner, might be signalized in the future. He indicated the applieunt's willingness to increase the width of the driveway to provide for right-out and lefb-out lanes, and an ingress, but added that he feels that it is a waste of greenspace and will require support from IDOT. Mr. Scosniak stated that, due to a reduction of the footprint, Taco Bell no longer needs 39 parking spaces and that redneing the parking count to 35 will leave enough spaces to support the facility. He asked the Board to approve so they can go before the Village Board and start constrnet~ofl soon; Richard Rogers asked about the smeeo shown in the original plans. Mr. Scesniak said the stuoco is gone and the structure will'be all masonry. Merrill Cotton asked if there is a problem in getting Thunderbird Lanes', Meaards', and IDOT's permission in writing or are we being asked to approve without written approval in hand. Mr. $ceaniak responded that they have an aceess/ingress easement with Thunderbird Lanes in place today. There are two ways into the bowling alley property. The agreement will be drafted to allow-287 sqtu~re foot easement adjacent to the Manards property. Planning slaff must get Thunderbird to agree. He state~t Menar~ is willing, Taco Bell is willing, Thunderbird Lanes is the one needing to agree. Richard Rogers asked if we have agreement from the other property owners. Jeff Perkins said discussions with Weber, who owns Thunderbird, have taken place. He has been difficult to pin down. They have asked for a three-lan~ entrance and we are attempting to facilitate this request. There is an existing agreement between the former Giordano's and Thunderbird Lanes allowing for cross-access between driveways. M~ill Cotton asked if we are in a situation without'signed agreements and sending this to the Village Board without oning Board of Appeals ZBA-26-99/January 27, 2000 Hearing Arlene Juraeek, Chairperson Page 3 Mr. Perkins said the physical connections are in plaea, and that staff if working with the several property owners to get signed agreements before presenting to the Village Board. He stated Menards has agreed to provide an easement to adjacent properties, but had not net finalized the easement and that the agreement between Thunderbird and the subject property is pre-existing. Elizabeth Luxem said if there is an agreement existing between Taco Bell and Thunderbird Lanes we should not have to worry about the agreement with Menards. It does not affect the petition before us. Michael Blue, Deputy Director of Community Development, said Ms. Luxem is correct and there is access to each of the properties, what complicates it is the concern that this development would affect the future cross-connect that we have been working on. As the project sits before us now, it does not do that. The petitioner has agreed to provide an easement along the edge of their property that will keep the area free and clear. In terms of that longer-term project, that is something staff is still working on. Leo FIoros asked if Jiffy Lube was involved. Mr. Blue said it was not. Acting Chairperson Rogers closed the public hearing at 7:55 p.m. Leo Floros made a motion to approve the request for a Conditional Use and Variations to establish a fast food restaurant with a drive-through window. Elizabeth Luxem seconded the motion, verifying with Mr. Floros that his motion was subject to the nine conditions imposed by staff. Mr. Rogers asked for confirmation that all stucco originally planned would be masonry and is part of the agreement. Mr. Perkins stated that brick construction was included as a condition of approval. UPON ROLL CALL: AYES: Cotton, Floros, Luxem, Youngquist and Rogers NAYS: None Motion was approved 5-0. The ZBA heard two more cases. At 8:45 p.m., Keith Youngquist made motion to adjourn, seconded by Elizabeth Luxem. Meeting was adjourned. Barbara Swiatek, Planning Secretary