HomeMy WebLinkAbout6. NEW BUSINESS 11/16/04
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
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FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
SUBJECT:
NOVEMBER 12, 2004
PZ-40-04: VARIATION (UNENCLOSED PORCH)
102 S. WILLIAM STREET
TOM & KATHERINE CUMMINGS - APPLICANT
The Planning & Zoning Commission transmits their recommendation to approve Case PZ-40-04, a request for an
unenclosed front porch, as described in detail in the attached staff report. The Planning & Zoning Commission
heard the request at their October 28, 2004 meeting.
The Subject Property is located within a single-family residential neighborhood. The attached exhibits îllustrate
the Petitioner's proposed improvements to the existing home, which are limited to replacing an existing porch
with an unenclosed porch. The front setback of the proposed unenclosed porch would be the same as the existing
porch, but the new porch would include a 2' overhang for a small portion of the porch. Also, the porch would be
slightly modified to wrap-around the house and extend into the side yard. The portion of the porch that extends
into the side yard meets setback regulations and does not require relief from zoning regulations. However, the
front setback would be less than 21-feet. Therefore, the proposal requires a Variation and Vî11age Board approval.
The Planning & Zoning Commission discussed the petitioner's plans for the porch and noted how the proposed
'unenclosed' design would enhance the house. They noted that the foundationlbase of the proposed porch would
not exceed the footprint of the existing porch. Also, the roofline of the house extended over the porch and this
design dictated the porch be replaced using the same footprint as the existing porch. The Planning & Zoning
Commission members voted 5-0 to recommend that the Vî11age Board approve a request for a Variation to permit
the construction of an unenclosed front porch 20.53-feet from the front property line at 102 S. Wî11iam Street,
Case No. PZ-40-04.
Please forward this memorandum and attachments to the Vî11age Board for their review and consideration at their
November 16,2004 meeting. Staffwî11 be present to answer any questions related to this matter.
/jc H'IPLANlPlanning & Zoning COMM\P&z 2004\MEJ McmoslJ'Z-40-04 MEJ MEMO (102 S William - VAR- porcb).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-40-04
Hearing Date: October 28, 2004
PROPERTY ADDRESS:
102 S. William Street
PETITIONER:
Tom & Katherine Cummings
PUBLICATION DATE:
October 13,2004 Journal/Topics
PIN#:
08-12-208-013-0000
REQUEST:
Variation - Unenclosed Porch
MEMBERS PRESENT:
Chair Arlene Juracek
Merrill Cotten
Joseph Donnelly
Richard Rogers
Matthew Sledz
MEMBERS ABSENT:
Leo Floros
Keith Youngquist
STAFF MEMBERS PRESENT:
Michael Jacobs, AICP, Deputy Director of Community Development;
Judy Connolly, AICP, Senior Planner
INTERESTED PARTIES:
Tom Cummings and Dorothy Ceisel
Chairperson Arlene Juracek called the meeting to order at 7:35 p.m. Richard Rogers made a motion to approve
the minutes of the September 23, 2004 meeting and Merrill Cotten seconded the motion. The minutes were
approved 5-0. Ms. Juracek asked for a motion to continue PZ-26-04, Variations for the St. Paul Lutheran
Church project. Matt Sledz made a motion to continue PZ-26-04 to November II, 2004; Richard Rogers
seconded the motion. The motion was approved 5-0. After hearing two other cases, Ms. Juracek introduced
Ca~e No. PZ-40-04, a request for a Variation for an unenclosed porch to encroach 9.47-feet into the front yard.
She noted that the request would be Village Board final.
Judy Connolly, Senior Planner, presented the case. She said that the Petitioner's proposed improvements to the
existing home are limited to replacing an existing porch with an unenclosed porch. The front setback of the
proposed unenclosed porch would be the same as the existing porch, but the new porch would include a 2'
overhang for a small portion of the porch. The Petitioner included the overhang to add architectural interest to
the unenclosed porch. Also, the porch would be slightly modified to wrap-around the house and extend into the
side yard. The portion of the porch that extends into the side yard meets setbacks regulations and does not
require relief from zoning regulations. However, the front setback would be less than 21-feet.
The Zoning Ordinance lists unenclosed porches that encroach no more than 5' into the required front yard
setback as Conditional Uses and the Planning & Zoning Commission's decision is final for the request. The
proposed unenclosed porch requires a Variation and Village Board approval because it exceeds the scope of the
parameters for a Conditional Use. In this case, the Petitioner proposes to rebuild the porch, but 'open it up'
using a wood railing, and a combination of wood and stone columns instead of the solid wall that currently
exists. The roofline of the house extends over the porch and this design dictates that the porch to be replaced
using the same footprint as the existing porch. The floor would continue to be raised and a lattice would screen
the base and extend into the ground.
Planning & Zoning Commission
Arlene Juracek, Chairperson
PZ-40-04
Page 2
The existing home does not comply with the Village's zoning regulations because the existing porch encroaches
into the required front yard and has a 22.2' setback. The Petitioner proposes to replace the porch to maintain the
structural integrity of the house and the porch, but also include a 2' overhang as part of the new porch. The
footprint of the porch would be 22.2' but the overhang extends almost 2' past the existing setback. The
proposed unenclosed porch requires relief from the RA District's bulk regulations for the front yard setback.
The porch would be constructed according to all applicable Village Codes.
Ms. Connolly said that in order to approve the request, the request has to meet the standards for a Variation,
which are listed in the Zoning Ordinance. She summarized the standards and said that the Petitioner is
proposing to replace a nonconforming structure and include a 2' overhang as part of the new structure. The
Zoning Ordinance allows certain nonconforming structures to be replaced as long as the site meets lot coverage
requirements. However, the proposed porch does not meet the nonconforming criteria listed in the Zoning
Ordinance and a Variation is required.
The Petitioner has explored different designs for the porch, but the design of the roof limits their options. The
existing roof extends into the setback and the posts are load-bearing piers that carry the weight of the roof. In
order to meet current zoning regulations, the roof would have to be significantly modified because the posts that
extend into the required front yard ensure the structural integrity of the roofline.
The Zoning Ordinance requires a 30-foot front yard for the house. However, the existing structure does not
meet this requirement and the Petitioner would like to construct the porch almost ten-feet into the required
setback, as it currently exists. Although the proposed encroachment is slightly more than the existing
encroachment, the request meets the standards for a Variation because there is a hardship as defined by the
Zoning Ordinance: which means that replacing the porch as required by the Zoning Ordinance would create a
practical difficulty in meeting code requirements because of unusual circumstances such as the roofline.
Ms. Connolly concluded by stating that Staff found that the Petitioner's request to improve the house and have
an unclosed porch encroach into the front yard met the Variation standards contained in the Zoning Ordinance
because the roofline creates a hardship, as defined by the Zoning Ordinance. Also, the footprint of the porch
would be the same as the existing porch, and the two-foot overhang does not change the footprint of the porch.
Based on these findings, Staff recommends that the Planning & Zoning Commission recommend that the
Village Board approve a Variation to allow a 10' front yard setback for an unenclosed porch as shown on the
Petitioner's exhibits for the residence at 102 S. William Street, Case No. PZ-40-04. The Village Board's
decision is final for this case.
Tom Cummings, 102 S. William Street, Mount Prospect, and Dorothy Ceisel, 7339 N. School Street, Niles, IL
were sworn in. Mr. Cummings reviewed the project and stated that the porch floor had to be replaced because it
was deteriorating. He said that he and his wife wanted to take this opportunity to improve the aesthetics of the
house by opening up the porch and making it more inviting. Ms. Ceisel reviewed the architectural elements of
the project and compared the over hang to a bay window. She noted that the over hang would not extend to the
ground and that the existing steps occupy more of the ITont yard than the over hang.
There Planning & Zoning Commission discussed the age and style of the house, how the new porch would
enhance the house, and that the roof prevented the new porch ITom complying with current regulations. There
was discussion on how the porch and over hang would provide more 'green space' in the ITont yard than what
currently exists.
Ms. Juracek asked if anyone was in the audience who wanted to address the Planning & Zoning Commission.
Bob Leopold, 107 S. William Street, was sworn in. Mr. Leopold asked for clarification on the design of the
porch and did not object to the Petitioner's request. Ms. Juracek closed the Public Hearing and asked for a
motion or further discussion.
Planning & Zoning Commission
Arlene Juracek, Chairperson
PZ-40-04
Page 3
Richard Rogers made a motion to approve the request for a Variation that would allow an unenclosed porch with
a 2' over hang to encroach 9.47' into the required ITont yard, for the property located at 102 S. William Street,
Case No. PZ-40-04. Joseph Donnelly seconded the motion.
UPON ROLL CALL:
AYES: Juracek
NAYS: Cotten, Donnelly, and Rogers
ABSTAIN: Sledz
Motion was denied 3-1.
At 8:36 p.rn., Richard Rogers made a motion to adjourn, seconded by Joe Donnelly. The motion was approved
by a voice vote and the meeting was adjourned.
/
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H:IPLANlPlanning & Zoning COMMIP&Z 2004IMinutesIPZ-40-04 ) 02 S William Porch V ARdoc
A CHANGE IS IN THE AIR*******
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102 South William SI.
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HELLO,
ABOVE YOU WILL FIND A CURRE)fNccT..c'
PICTURE OF OUR PORCH. WE '.....
ARE IN THE PROCESS OF .
REMOVING AND RESTORING THE
PORCH. IN AN EFFORT TO MAKE
OUR HOME MORE APPEALING, WE
ARE SEEKING A VARIANCE. THE BAY
WE ARE HOPING TO INCORPORATE
DOES NOT MEET THE FRONT
SETBACK BY 1.5 FEET. ATTACHED
IS A COpy OF THE PROPOSED PLAN.
WE ARE LOOKING FOR YOUR
SUPPORT IN THIS MATTER.
THANK YOU
THE CUMMINGS FAMILY
Name
Address
Signature
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Village of Mount Prospect
Community Development Department
CASE SUMMARY - PZ- 40-04
LOCATION:
PETITIONERS:
OWNERS:
PARCEL #:
LOT SIZE:
ZONING:
LAND USE:
REQUEST:
102 S. William Street
Tom & Katherine Cummings
Tom & Katherine Cummings
08-12-208-013-0000
0.17 acres (7,586.5 square feet)
RA Single Family Residence
Single Family Residential
Variation (Front Yard Setback)
LOCATION MAP
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MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MOUNT PROSPECT PLANNING & ZONING COMMISSION
ARLENE JURACEK, CHAIRPERSON
FROM:
JUDY CONNOLL Y, AICP, SENIOR PLANNER
DATE:
OCTOBER 21, 2004
HEARING DATE:
OCTOBER 28, 2004
SUBJECT:
PZ-40-04 - VARIATION (FRONT YARD)
102 S. WILLIAM STREET (CUMMINGS RESIDENCE)
BACKGROUND
A public hearing has been scheduled for the October 28, 2004 Planning & Zoning Commission meeting to review
the application by Tom & Katherine Cummings (the "Petitioner") regarding the property located at 102 S.
William Street (the "Subject Property"). The Petitioner is seeking a Variation to allow an unenclosed porch to
encroach into the required front yard when the Zoning Ordinance requires a minimum setback of 30 feet. It
should be noted that a Variation is needed since Conditional Use requests are only possible for unenclosed
porches that encroach 5' into the required front yard. The P&Z hearing was properly noticed in the Óctober 13,
2004 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to
property owners within 250-feet and posted a Public Hearing sign on the Subject Property.
PROPERTY DESCRIPTION
The Subject Property is located on the west side of William Street, between Busse and Evergreen Avenues, and
contains a single-family residence with related improvements. The Subject Property is zoned RA Single Family
Residence and is bordered on all sides by the RA District. The Subject Property has a typical rectangular shape
and the existing home is currently set back approximately 22.2' from the east (front) lot line, 9.85' from the north
(interior) lot line, 13.55' from the south (interior) lot line, and approximately 81' from the west (rear) lot line.
SUMMARY OF PROPOSAL
The attached exhibits illustrate the Petitioner's proposed improvements to the existing home, which are limited to
replacing an existing porch with an unenclosed porch. The front setback of the proposed unenclosed porch would
be the same as the existing porch, but the new porch would include a 2' overhang for a small portion of the porch.
The Petitioner included the overhang to add architectural interest to the unenclosed porch. Also, the porch would
be slightly modified to wrap-around the house and extend into the side yard. The portion of the porch that
extends into the side yard meets setbacks regulations and does not require relief ITom zoning regulations.
However, the front setback would be less than 21-feet.
The Zoning Ordinance lists unenclosed porches that encroach no more than 5' into the required ITont yard setback
as Conditional Uses and the Planning & Zoning Commission's decision is final for the request. The proposed
unenclosed porch requires a Variation and Village Board approval because it exceeds the scope of the parameters
for a Conditional Use. In this case, the Petitioner proposes to rebuild the porch, but 'open it up' using a wood
PZ-40-04
Planning & Zoning Commission meeting October 28, 2004
Page 3
railing, and a combination of wood and stone columns instead of the solid wall that currently exists. The roofline
of the house extends over the porch and this design dictates that the porch to be replaced using the same footprint
as the existing porch. The floor would continue to be raised and a lattice would screen the base and extend into
the ground.
GENERAL ZONING COMPLIANCE
The existing home does not comply with the Village's zoning regulations because the existing porch encroaches
into the required front yard and has a 22.2' setback. The Petitioner proposes to replace the porch to maintain the
structural integrity of the house and the porch, but also include a 2' overhang as part of the new porch. The
footprint of the porch would be 22.2' but the overhang extends almost 2' past the existing setback. The proposed
unenclosed porch requires relief from the RA District's bulk regulations for the front yard setback. The porch
would be constructed according to all applicable Village Codes. The following table compares the Petitioner's
proposal to the RA Single Family Residence District's bulk requirements.
RA Single Family District Existing Proposed
Minimum Requirements
SETBACKS:
Front 30' 22.2' 20.53' with overhang
Interior 5' 9.85' (north) No Change
13.55' (south) 6.22'
Rear 25' 81' No Change
LOT COVERAGE 50% Maximum 47% 46%
VARIATION STANDARDS
The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven
specific findings that must be made in order to approve a Variation. The following list is a summary of these
findings:
.
A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not
generally applicable to other properties in the same zoning district and not created by any person
presently having an interest in the property;
Lack of desire to increase financial gain; and
.
.
Protection of the public welfare, other property, and neighborhood character.
The Petitioner is proposing to replace a nonconforming structure and include a 2' overhang as part of the new
structure. The Zoning Ordinance allows certain nonconforming structures to be replaced as long as the site meets
lot coverage requirements (Sec. 14.402.B). However, the proposed porch does not meet the criteria listed in the
Zoning Ordinance and a Variation is required.
The Petitioner has explored different designs for the porch, but the design of the roof limits their options. The
existing roof extends into the setback and the posts are load-bearing piers that carry the weight of the roof. In
order to meet current zoning regulations, the roof would have to be significantly modified because the posts that
extend into the required front yard ensure the structural integrity of the roofline.
PZ-40-04
Planning & Zoning Commission meeting October 28, 2004
Page 4
The Zoning Ordinance requires a 30-foot front yard for the house. However, the existing structure does not meet
this requirement and the Petitioner would like to construct the porch almost ten-feet into the required setback, as it
currently exists. Although the proposed encroachment is slightly more than the existing encroachment, the
request meets the standards for a Variation because there is a hardship as defined by the Zoning Ordinance:
replacing the porch as required by the Zoning Ordinance would create a practical difficulty in meeting code
requirements because of unusual circumstances, i.e. the roofline.
RECOMMENDATION
The Petitioner's request to improve the house and have an unclosed porch encroach into the ITont yard meets the
Variation standards contained in Section 14.203.C.9 of the Zoning Ordinance because the roofline creates a
hardship, as defined by the Zoning Ordinance. Also, the footprint of the porch would be the same as the existing
porch, and the two-foot overhang does not change the footprint of the porch. Based on these findings, Staff
recommends that the Planning & Zoning Commission recommend that the Village Board approve a Variation to
allow a 10' front yard setback for an unenclosed porch as shown on the attached exhibits for the residence at 102
S. William Street, Case No. PZ-40-04. The Village Board's decision is final for this case.
I concur:
, Director of Community Development
/je H,IPLANIPlanning & Zoning COMM\P&z 2004ISlarfMcmoIPZ-40-04 MEMO (102 S William - VAR- 20 '&onl YiUd-po,,¡').doc
VILLAGE OF MOUNT PROSPECT
COMMUNITY DEVELOPMENT DEPARTMENT
100 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847.818.5328
FAX 847.818.5329
Variation Request
P&Z Final
The Planning & Zoning Commission has final administrative authority for all petitions for fence variations
and variation requests that do not exceed twenty-five (25%) of a requirement stipulated by the Village's
Zoning Ordinance.
PETITION FOR PLANNING & ZONING COlVIMISSION REVIEW
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Code Section(s) for which Variation(s) is (are) Requested
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Since the structure has to. be redone. We would like to
make some changes so as to enhance the appearance of our
home and therefore our neighborhood. Our architect, Tom
Christianson, is the grandson of Frank Lloyd Wright. He has
come up with these preliminary drawings. Hopefully you will
approve them and final plans will follow. Thank you for your
consideration.
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Please note that the apphcatioft.<vill nót be accepted until this petition has been fully completed and all required plans and other materials
have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the
appropriate Village Staff so that materials can be reviewed for accuracy and completeness prior to submittal.
In consideration of the information contained in this petition and 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 agents permission to enter on the property during reasonable hours for visual
inspection of the subject property.
I hereby affirm that all information provided herein and in all materia[s submitted in association with this application are true and
ace.",:,'. '0 <hi b,.Of my knowledge. n 9 - "\ I - 0 . /
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I f applicant is not property O\vner:
[ hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the
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Thomas M. Cummings
1 02 50 William Street
Mount Prospect, IL 60056
November 8, 2004
William J. Cooney, AICP
Director of Community Development
Village of Mount Prospect
100 S. Emerson Street
Mount Prospect, IL 60056
Dear Mr. Cooney:
The Planning & Zoning Commission recommended approval of my porch redesign and construction by
a 5-0 vote. Our case is scheduled to go before the Village Board for the ordinance's first reading
November 16th.
I am requesting that the Village Board waive the second readin~, tentatively scheduled for the second
Village Board meeting, and take final action at the November 161 meeting. We would like to get started
on the project as soon as possible, possibly before the first frost.
Thank you for your help in getting this request processed. If you have any questions, please feel free
to call at 847-632-0926.
Sincerely,
Thomas and Kate Cummings
"wi
11/08/04
11/12/04
ORDINANCE NO.
AN ORDINANCE GRANTING A VARIATION
FOR PROPERTY LOCATED AT 102 SOUTH WILLIAM STREET
WHEREAS, Tom and Katherine Cummings (hereinafter referred to as "Petitioners")
have filed a petition for a Variation with respect to property located at 102 South
William Street (hereinafter referred to as the "Subject Property") and legally described
as follows:
Lot 21 in Block 9 in Busse's Eastern Addition to Mount Prospect, in the east
half of Section 12, Township 41 North, Range 11, east of the Third
Principal Meridian, in Cook County, IL;
Property I ndex Number: 08-12-208-013-0000
and
WHEREAS, the Petitioners seek a Variation to allow the construction of an
unenclosed porch encroaching nine-feet (9.47') into the required front yard setback;
and
WHEREAS, a Public Hearing was held on the request for a Variation being the
subject of PZ-40-04 before the Planning and Zoning Commission of the Village of
Mount Prospect on the 28th day of October, 2004, pursuant to proper legal notice
having been published in the Mount Prospect Journal & Topics newspaper on the
13th day of October, 2004; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and
recommendation to the President and Board of Trustees in support of the request
being the subject of PZ-40-04; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have given consideration to the request herein and have determined that the same
meets the standards of the Village and that the granting of the proposed Variations
would be in the best interest of the Village.
c
102 S. William St.
Page 2/2
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS:
SECTION ONE: The recitals set forth hereinabove are incorporated 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 grant a Variation, as provided in Section 14.203.C.7 of the
Village Code, to allow an unenclosed porch to encroach nine-feet (9.47') into the
front yard setback of the Subject Property, as shown on the Site Plan, a copy of
which is attached hereto and hereby made a part hereof as Exhibit "A"
SECTION THREE: 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
day of
,2004.
Gerald L. Farley
Village President
ATTEST:
Velma W. Lowe
Village Clerk
H:\CLKO\files\WINIORDINANCWariation 102 S Willlam,Porch,setback,Nov,Q4.doc
MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MICHAEL E. JANONIS, VILLAGE MANAGER
"BÞ ~~
II I ' '" ¡ø-r
FROM:
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:
NOVEMBER 12, 2004
SUBJECT:
PZ-39-04: SPECIAL USE (ELECTRONIC MESSAGE BOARD)
1 E. RAND ROAD (CVS PHARMACY)
KARl MYERS, SITE ENHANCEMENT SERVICES - APPLICANT
The Petitioner is appealing the Planning & Zoning Commission's decision to deny a request for a Special Use
permit for an electronic message board sign (Case No. PZ-39-04) for the CVS Pharmacy located at 1 E. Rand
Road (the "Subject Property"). The Planning & Zoning Commission heard the request at their October 28, 2004
meeting.
The attached exhibits indicate that the size and location of the proposed sign would comply with the Village's
Sign Code regulations. The proposed electronic message board would include three lines of copy (text) used to
advertise CVS's sale items and/or services. The existing 'CVS' sign located along the Main StreetlElmhurst
Road frontage would be removed. In addition, the Petitioner agreed to modify the base of the freestanding sign
located along the Rand Road frontage so the proposed sign and the existing sign would be constructed of similar
materials and match.
As noted in the attached Staff Report, the Village's Traffic Engineer reviewed the proposal and found that the
electronic message board would not adversely impact traffic. In addition, Staff found that the design of the
proposed sign would not create a negative impact on adjacent properties.
The Planning & Zoning Commission discussed the Petitioner's request in great detail. Several Commissioners
stated safety concerns, high traffic volumes at the intersection, and the possibility that the sign could create a
distraction to drivers as reasons not to support the Petitioner's request. The Petitioner responded that studies cited
throughout the sign industry could not confirm that electronic message boards created traffic hazards. However,
the Planning & Zoning Commission voted 3-1 to deny the Special Use permit for an electronic message board,
Case No. PZ-39-04, at 1 E. Rand Road.
Please forward this memorandum and attachments to the Village Board for their review and consideration at their
November 16,2004 meeting. Staff will be present to answer any questions related to this matter.
~t
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Ijc H,IPLAN\Planning & Zoning COMM\P&z 2004'ME! McmosIPZ-39-04 ME! MEMO (¡ E RJrnd Rd - SU - clcc sign).dcc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-39-04
Hearing Date: October 28, 2004
PROPERTY ADDRESS:
CVS Pharmacy
1 E. Rand Road
PETITIONER:
Kari Myers, Site Enhancement Services (Agent for CVS)
PUBLICATION DATE:
October 13,2004 Journal/Topics
PIN#:
03-34-200-001-0000
REQUEST:
Special Use - Electronic Message Board Sign
MEMBERS PRESENT:
Chair Arlene Juracek
Merrill Cotten
Joseph Donnelly
Richard Rogers
Matthew Sledz
MEMBERS ABSENT:
Leo Floros
Keith Youngquist
STAFF MEMBERS PRESENT:
Michael Jacobs, AICP, Deputy Director of Community Development;
Judy Connolly, AICP, Senior Planner
INTERESTED PARTIES:
Kari Myers, Site Enhancement Services (Agent for CVS)
Chairperson Arlene Juracek called the meeting to order at 7:35 p.rn. Richard Rogers made a motion to approve
the minutes of the September 23, 2004 meeting and Merrill Cotten seconded the motion. The minutes were
approved 5-0. Ms. Juracek asked for a motion to continue PZ-26-04, Variations for the St. Paul Lutheran
Church project. Matt Sledz made a motion to continue PZ-26-04 to November 11, 2004; Richard Rogers
seconded the motion. The motion was approved 5-0. After hearing another case, Ms. Juracek introduced Case
No. PZ-39-04, a request for a Special Use permit for an electronic message board sign. She noted that the
request would be Planning 7 Zoning Commission final.
Judy Connolly, Senior Planner, presented the case. She said that in the summer of 2000, the Zoning Board of
Appeals denied the Petitioner's request for multiple wall signs on the north elevation. The Petitioner revised the
package and the signs installed complied with the Village's Sign Code. The Petitioner is now seeking Special
Use approval to install a ITeestanding sign with an electronic message board at the northwest corner of the
Subject Property.
Ms. Connolly said that the Petitioner is allowed to have one freestanding sign per street frontage. The existing
freestanding sign on the Elmhurst Road frontage would be removed, but the freestanding sign on the Rand Road
ITontage would remain in its current location. The location and size of the proposed sign would comply with the
Village's Sign Code regulations.
The Petitioner's exhibit indicates that the overall height of the sign would measure no more than 12-feet from
grade. The base of the sign will be red brick and capped with a standard masonry material. The electronic
message board would include three lines of copy (text) used to advertise CVS's sale items and/or services.
Ms. Connolly said that in order to approve the proposed sign, the P&Z would have to find that it met the
standards listed in the Sign Code. She summarized the standards and said that the size and location of the sign
Planning & Zoning Commission
Arlene Juracek, Chairperson
PZ-39-04
Page 2
complies with Sign Code regulations. The Village's Traffic Engineer reviewed the proposal and found that the
electronic message board would not adversely impact traffic. In addition, Staff found that the design of the
proposed sign would not create a negative impact on adjacent properties. However, the two freestanding sign
materials (proposed and existing Rand Road frontage sign) will no longer match. In order to ensure that the
proposed sign is in keeping with the character of the neighborhood, Staff recommends that the base of the
existing sign (Rand Road frontage) be modified to include a brick base.
Ms. Connolly said that based on these findings, Staff recommends that the Planning & Zoning Commission approve
the proposed Special Use to permit an electronic message board for the CVS ffeestanding sign subject to the following
conditions:
I. Remove the existing CVS sign on the Elmhurst Road ITontage;
2. Modify the existing Rand Road frontage ITeestanding sign so it has a brick base and matches the proposed
freestanding sign; and
3. That the proposed sign comply with the standards listed in Sec. 7.330.A of the Sign Code.
The Planning & Zoning Commission inquired whether the proposal complied with the 600-foot separation
requirement ITom another electronic message board sign, as there was one such sign at Randhurst. It was
confirmed that the Randhurst sign was removed and that the proposal complied with all Village Code
requirements.
Kari Myers, Site Enhancement Services, Agent for CVS, 3699 W. Lathrop, South Bend, IN, was sworn in. Ms.
Myers reviewed the proposed sign elevations. She testified that the sign would comply with the Village's Sign
Code regulations: the text would not flash; the text would not be continued from 'screen-to-screen' but would
appear as one message at one time; the text would be displayed for a 10-15 second interval.
There was general discussion regarding the sign and the existing signs. Mr. Cotten stated that he does not like
electronic message board signs in general because he feels they cause traffic accidents and distract drivers. Mr.
Rogers said that he did not like the location of the proposed sign. He said that the intersection experiences
significantly high traffic volumes and that the electronic message board would not be appropriate at this
location. Mr. Donnelly stated concerns regarding the location, the high traffic volume, and how the sign could
cause traffic hazards. Mr. Sledz said that he would abstain from the vote because he works for a competitor of
CVS. .
Chairperson Juracek told Ms. Myers that she had the option of asking for the case to be continued so she could
meet with CVS and modify the proposal to address the Commissioner's concerns. Ms. Myers said that the
Village's Traffic Engineer did not feel the sign posed a traffic hazard, which was stated in the Staff Report.
Therefore, she did not feel any modifications to the sign would address the Commissioner's traffic concerns.
She asked the P&Z vote on the request.
Ms. Juracek asked if anyone was in the audience who wanted to address the Planning & Zoning Commission.
As there were none, she closed the Public Hearing at 8:02.
Richard Rogers made a motion to approve the request for a Special Use permit to install an electronic message
board sign subject the conditions listed in the Staff Report, Case No. PZ-39-04. Joseph Donnelly seconded the
motion.
Planning & Zoning Commission
Arlene Juracek, Chairperson
UPON ROLL CALL:
Motion was denied 3-1.
AYES: Juracek
NAYS: Cotten, Donnelly, and Rogers
ABSTAIN: Sledz
PZ-39-04
Page 3
At 8:36 p.m., Richard Rogers made a motion to adjourn, seconded by Joe Donnelly. The motion was approved
by a voice vote and the meeting was adjourned.
H:IPLANlPlanning & Zoning cOMMlP&Z 2004IMinutesIPZ-39-04 1 E. Rand Road cVS Elec Sign.doc
"'---
Village of Mount Prospect
Community Development Department
CASE SUMMARY - PZ- 39 -04
LOCATION:
PETITIONER:
I E. Rand Road
Kari Myers, Site Enhancement Services (Agent for CVS)
PROPERTY OWNER:
PARCEL #:
LOT SIZE:
ZONING:
LAND USE:
REQUEST:
CVS/Pharmacy
03-34-200-001-0000
3 acres
B-3 Community Shopping
Retail Center
Special Use - electronic message board sign
LOCATION MAP
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MEMORANDUM
Village of Mount Prospect
Community Development Department
TO:
MOUNT PROSPECT PLAI\TNING & ZONING COMMISSION
ARLENE JURACEK, CHAIRPERSON
FROM:
JUDY CONNOLLY, AICP, SENIOR PLANNER
DATE:
OCTOBER 21, 2004
HEARING DATE:
OCTOBER 28, 2004
SUBJECT:
PZ-39-04 - SPECIAL USE (ELECTRONIC MESSAGE BOARD)
1 E. RAND ROAD / CVS PHARMACY
BACKGROUND
A public hearing has been scheduled for the October 28, 2004 Planning & Zoning Commission meeting to review
the application submitted on behalf of CVS Pharmacy, the "Petitioner", regarding the property located at 1 E.
Rand Road (the "Subject Property"). The Petitioner has requested a Special Use permit for an electronic message
board sign. The P&Z hearing was properly noticed in the October 13, 2004 edition of the Journal Topics
Newspaper.
PROPERTY DESCRIPTION
The Subject Property is located at the southeast intersection of Elmhurst/Rand/Kensington Roads, and consists of
a retail center (CVS Pharmacy, Subway, and AT&T phone center). It is bordered by the B4 Business, Retail &
Service district to the east and west, and to the north and south is the B3 Community Shopping district.
SUMMARY OF PROPOSAL
As you may recall in the summer of 2000, the Zoning Board of Appeals denied the Petitioner's request for
multiple wall signs on the north elevation. The Petitioner revised the package and the signs installed complied
with the Village's Sign Code. The Petitioner is now seeking Special Use approval to install a freestanding sign
with an electronic message board at the northwest corner of the Subject Property.
The Petitioner is allowed to have one freestanding sign per street frontage. The existing freestanding sign on the
Elmhurst Road frontage would be removed, but the freestanding sign on the Rand Road frontage would remain in
its current location. The location and size of the proposed sign would comply with the Village's Sign Code
regulations.
As illustrated on the attached exhibit, the overall height of the sign measures no more than 12-feet from grade.
The base of the sign will be red brick and capped with a standard masonry material. The electronic message
board would include three lines of copy (text) used to advertise CVS' s sale items and/or services.
PZ-39-04
Planning & Zoning Commission meeting October 28, 2004
Page 3
REQUIRED FINDINGS
SPECIAL USE STANDARDS
The P&Z Commission may approve Special Uses under the sign code based on the Special Uses Standards in
Section 7.720. The following Jist is a summary of these findings:
.
Protection of public safety and welfare;
.
Harmony with the scale and architecture of nearby buildings and signs;
.
Lack of negative impacts on adjacent properties or signs; and
.
Compliance with other provisions of the Sign Regulations.
The size and location of the sign complies with Sign Code regulations. The Village's Traffic Engineer reviewed
the proposal and found that the electronic message board would not adversely impact traffic. In addition, Staff
found that the design of the proposed sign would not create a negative impact on adjacent properties. However,
the two freestanding sign materials (proposed and existing Rand Road frontage sign) will no longer match. In
order to ensure that the proposed sign is in keeping with the character of the neighborhood, Staff recommends that
the base of the existing sign (Rand Road frontage) be modified to include a brick base.
RECOMMENDA TION
Based on review of the Village Code, the proposed sign meets the standards for a Special Use. Staff recommends that
the Planning & Zoning Comn1Íssion approve the proposed Special Use to permit an electronic message board for the
CYS ueestanding sign subject to the following conditions:
1. Remove the existing CYS sign on the Elmhurst Road uontage;
2. Modify the existing Rand Road uontage ueestanding sign so it has a brick base and matches the proposed
fTeestanding sign; and
3. That the proposed sign comply with the standards listed in Sec. 7.330.A of the Sign Code.
The Planning & Zoning Commission's decision is final for this case.
I concur:
1J!l
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William J. Cooney, AI oP, Director of Community Development
Ijc HIPLAN\PI,nmng & Zoning COM'~J>&Z 200«S,,'f 'kmo\PZ.J9.(4 MEMO [I E R~,d Rd . SU . doc sigJ') do<
VILLAGE OF MOUNT PROSPECT
COMMUNITY DEVELOPMENT DEPARTMENT
100 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847.818.5328
FAX 847.818.5329
Special Use Request (Sign)
P&Z Final
The Planning & Zoning Commission has ¡mal administrative authority for all petitions for sign variations,
Special Use Permits, to appeals from the Sign Code.
PETITION FORPLANNING & ZONING COMMISSION REVIEW
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TDD 847.392.6064
Mount Prospect Department of Community Development
100 South Emerson Street, Mount Prospect Illinois
Code Sechon(~) for which V41rintion(a) is (are) Rçqùcsted
7.330(A)
Swnmary Dnd ]us!iru:atiOQ fQt Reql1e$ted Vi!J'iation(s)
CVS/Rharmacy respectfully requests to install a new freestanding sign
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which incorporates a~electronic message board on their property near
the intersection of Rand and Elmhurst Rd. CVS would remove the
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Please noœ that the application will not be accep= wtil tbi5 pctÏlion bas becu full)' completed and alll'C({QRd plans aDd other materiaI~
have been iati.~f.aetori.ly IUbmi~ CO the PJamúD¡ Divilåoo. It Í& IIttongly $u"e$fcd that the .PCtÎåœCr Khedule 8J\ appointmem with. the
appn;)pria~ ViU. Staff 50 that materials can be reviewed for eçeurzçy anò çompletenc:s- prior to subtnitlal.
In consideration of the infOttrJaIÌœ cont.ained in ÙÚ5 pet'itiOft Il.Id an JUpp~£ dOCWMl1tati~ it is rcqllUtCd that approval be g,~n to
this request. The applicam Í8 tbe OWOOf or authorized repr=eutalÎ'tc oft~ owner oflbe property. l'bc petiÙODc:r mil the Ownef oftbe
prOPI,.'rty ¡rant aupJoyen oftM Village of MObQt Pl'O$pect and their agent¡ PWmÌUiOZ110 cntI:r on the property dwin¡ reuonabl. no\U&
for visual inspœliou of tbc subject propertr.
I hereby affirm that aU information ptO'Vided hcrcin mui ÚJ all matetia1s :lubmi~ in NsociatiQn With tbD app1içabon are true and
accurate to the best of my kuowledJC.
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SUMMARY AND JUSTIFICATION FOR REQUEST
1. The special use will serve the public convenience at the location of the subject
sign and will not be detrimental to or endanger the visibility, public safety,
comfort or general welfare:
The proposal will increase traffic safety through advanced notification of the store
location and provide a positive contribution to future growth of this corridor. The
relief, if granted, will not be materially detrimental to the health, safety, comfort or
general welfare of other properties or improvements in the neighborhood.
The proposed electronic message board is not a flashing, blinking, or scrolling sign.
The message remains static for approximately 10-15 seconds. When the message
changes, it is an instant change similar to that of a digital alann clock. However, the
rate of message change can vary depending on a community's zoning ordinance or
specific conditions of approval.
Also, the proposed electronic message board displays time and temperature and will
allow for timely notification of sales and services such as flu shots health and blood
pressure screenings to efficiently meet the needs of customers and the community at
large. It can also be used as a community communications resource.
2. The sign will be in harmony and scale with the architecture of the buildings in
this development and with other signs in the neighborhood.
The requested Special Use will not adversely affect or alter the essential character of
the area. Not only is the size and placement of the signage consistent with the size
and architecture ofthe building; it is also appropriately proportionate to the
surrounding road speeds. This request allows CVS/phannacy to consider traffic
safety issues, both of the surrounding area and within the site, without adversely
affecting the overall commercial character currently being developed in this area.
3. The special use will not be injurious to the use and enjoyment of other property
in the immediate vicinity of the subject property for the purposes already
permitted; nor substantially diminish and impair other property valuations
within the neighborhood; nor impair the visibility of adjacent signs.
The addition of an electronic message board is the latest in technology and shows the
true investment into the property that CVS/phannacy is making. In addition, this sign
will eliminate any type of temporary signage that CVS/phannacy would nonnally
seek approval for and would also ensure that the aesthetic appearance of the property
is up to the Village ofMt. Prospect's high standards.
The proposed variation will not affect the property values within the neighborhood. It
will ensure the capability of the site as a CVS/phannacy contributing to the success of
the corridor. The economic prosperity of this property will directly relate to the
surrounding properties and benefit the other businesses.
4. The nature location and size of the sign involved with the establishment of the
special use will not impede, substantially hinder, or discourage the installation of
signs on adjacent property in accordance with the Sign Ordinance.
CVS/phannacy is proposing to remove one (1) existing CVS/phannacy monument
sign at this site and replace it with one (I) sign that incorporates the electronic
message board into the sign.
This sign will not discourage the installation of signs on any adjacent property.
S. The special use shall in all other respects conform to the applicable regulations
of the Sign Ordinance except as such regulations may, in such instance, be
modified as provided by this Chapter.
The sign will confonn to applicable regulations of the Sign Ordinance relative to
height and sign area.
6. The plight of the owner is due to unique circumstances and the proposed special
use will not merely serve as a convenience to the petitioner, but will alleviate
some demonstrable and unusual hardship which will result if the strict letter of
the regulations of this Chapter were carried out and which particular hardship
or practical difficulty is not generally applicable to other comparable signs or
properties.
The hardship is unique to this property and not shared by other properties in this zone.
The consolidating effect of the electronic message board means it can display
messages in one location that might otherwise appear as a number of additional signs
on the building or property. Its site-specific programming would infonn the public of
values available on]y at this site and its ability to indicate community service events
would not be allowed. Thus, the ability to instantly indicate infonnation beneficial to
both this business and the community will not be allowed. This lack of flexibility and
efficiency will negative]y impact the site's continued viability.
The relief sought will be desirable and without substantial detriment to the public
good. The electronic message board offers a more flexible, easier to read and
maintain means of communicating that is also more aesthetically pleasing. The
proposed use of this technology represents a considerable investment for CVS and
reflects the importance of this community to them.
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I. ALL IM?RDV[MENTS SHAll" 1M AWl' "N([ >'ITH ¡ME MOS;
",(EN; STANDARDS AND ,"'C:r'CA"O", 0' IH' VIllAGE 0' MOuNI
PROSP£C' , I DO' ANDIOR 1H' APPROPR,. 1[ IoiA fER, Sf\JC. AND/OR
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uTILI" ro"NCCT"jNS AND BuilDING AND "'L CONSTRUC"""
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THE TRAVELED \JAY UNLESS OTHCRvlSC 'HOVN ON THC PLANS
ANO/"" oiREC 'Ea BY THE o\JNER" .EPRESENTATIVE THE
CONTRACTOR SHAll MAKE CERTAIN PLACEMENT or CONES, aRUM:;
AND MARKC.S OR BARRICAIJ(S SHALL NOT INTCRrERC VITH
SIG"T 01S! ANe<
. ALL oCHRIS ANa SOILS DERIVED rROM THC (ONIRACTOR'S
OPERATIONS rOUND IN THE "UBLIC RIGHT-or 'oIAY OR CAuSING
NUISANCE TU OPCRAT IONS SHALL BE CLCANEO AND REMOVED ON
A DAIL Y BASIS OR "HEN NOT'flED Bl THI: nvNER'S
REPRCSENTATIVE.
7, IfIE CONTRACTOR SHALL LOCATE, MARK, SAfEGUARD AND
PRESERVE ALL SURVEY CONTROL MONUMCNTS AND RO,\J,
MDNUMENTS IN THI: AREAS or CONSTRDCTlON
B CAUTION - NflTlCE TO CONTRACTOR THE CONTRACTOR IS
SPEC¡rICALLl CAUTIONED THAT TME LOCATION AND/OR
ELCVAnON or EXISTING UTILITIES AS SHOVN ON THl:SE PlANS
IS BAS[O ON RECORDS or THE VARIOlJS UTiLIfT COMPANIES
AND, "flERC POSSIBLE, "'ASUREMENTS TAKEN TN THE fiELD,
THI: INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT
OR COHPLETE, THE CONTRACTOR MUST CALL TM[ APPROPRIATC
UTiLIfT COMPANY AT AS! 'B HOURS BErORE ANI EXCAVATION
TO RECUCST EXACT 0 LOCATION or UTILITIES, TME
CONTRACTOR SH E EXPLORATION exCAVATIONS TO LOCATE
EXISTING UNDE UTILITIES sumCIENTL 1 AHEAD or
CONSTRUCTION T IT REvISIONS AS RECUIRED TO MEET
EXISTING CONDtTlONS. IT SHAlL BE TM[ RESPONSIBILITY OF
THE CONTRACTOR TO RELOCATE AlL EXISTING uTILITIES \JHICH
CONfUCT "ITH THE PROPOSE a IMPROVEMENTS SHOVN ON THI:
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CUNSUL TING INC
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4165 MIUERSVllLE ROAD
INDIANAPOLIS, INDIANA 46205
(3)7> 547-5500\x (3m 54]-OalO
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STURE NUMBER,
2799
RM,¡D & I(ENSINC,TON S rR[f:T~
MOUNT PROSPEL:T, ILLINOIS
DEVELOPER,
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LAYOUT COORD
PLANNING MeR'
cI,AVING BY,
JMS
rAT~,
J/::'4/00
.me NUMBER
IN2000' 30)
1f T;, t,
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~¡1[':T NUM8ER,
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VWL
11/10/04
11/12/04
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT 1 EAST RAND ROAD
WHEREAS, The CVS Pharmacy (hereinafter referred to as "Petitioner') has filed a petition
for a Special Use permit with respect to property located at 1 East Rand Road, (hereinafter
referred to as the "Subject Property') and legally described as follows:
The north 361.60 feet of that part of the Northwest 1/4 of the Northwest 1/4 of
Section 34, Township 42 North, Range 11 East of the Third Principal Meridian,
lying west of the center line of Rand Road, in Cook County, IL
Property Index Number: 03-34-200-001- 0000
and
WHEREAS, the Petitioner seeks a Special Use permit to install a freestanding sign with
electronic message board on the Subject Property; and
WHEREAS, a Public Hearing was held on the request for a Special Use permit being the
subject of PZ-39-04 before the Planning and Zoning Commission of the Village of Mount
Prospect on the 28th day of October, 2004, pursuant to proper legal notice having been
published in the Mount ProsfJect Journal & TofJics on the 13th day of October, 2004; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and
recommendations for denial of the request to the President and Board of Trustees for the
request being the subject of PZ-39-04; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have
given consideration to the request herein and have determined that the same meets the
standards of the Village and that the granting of the proposed Special Use permit would be
in the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The recitals set forth are incorporated as findings offact by the President
and Board of Trustees of the Village of Mount Prospect.
b
1 E. Rand Road
Page 2/2
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect
do hereby grant a Special Use permit, as provided in Section 14.203.C.8 of the Village
Code, to allow the installation of a freestanding sign with electronic message board on the
Subject Property, as shown on the Site Plan, a copy of which is attached hereto and
hereby made a part hereof as "Exhibit A"
SECTION THREE: Prior to the issuance of a building permit relative to the Special Use
permit, the following conditions and/or written documentation shall be fulfilled:
1. Remove the existing CVS sign on the Elmhurst Road frontage;
2. Modify the existing Rand Road frontage freestanding sign to have a brick base and
to match the proposed freestanding sign; and
3. The proposed sign must comply with the standards listed Section 7.330.A of the
Sign Code.
SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified
copy of this Ordinance 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
day of
,2004.
Gerald L. Farley
Village President
ATTEST:
Velma W. Lowe
Village Clerk
H:ICLKOIfilesIWINIORDINANC\Special Use,sign,CVS Rand Rd,Nov,O4.doc
VWl
11/01/04
RESOLUTION NO.
A RESOLUTION AUTHORIZING PAYMENT TO THE MOUNT PROSPECT PUBLIC LIBRARY
UNDER THE TERMS OF A GROUND LEASE AGREEMENT
WHEREAS, on November 6, 2002, the Village of Mount Prospect ("the Village") and the Mount
Prospect Public Library ("the Library") entered into a Ground Lease Agreement (the "Lease")
providing, among other things, for the Village to lese certain property ("Property") from the Library;
and
WHEREAS, the Village has caused its attorney and staff to review the terms of the Lease and the
current status of the Property and its usage; and
WHEREAS, the attorney and staff have reported that both the Village and the Library are in
substantial compliance with all material terms of the Lease; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village and its residents to assure that there is continued compliance with the Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the parties are in substantial compliance with all material terms of the Lease.
SECTION TWO: That the Mayor and Board of Trustees authorize the Village Director of Finance to
pay the Library such sums as are due pursuant to the Lease.
SECTION THREE: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2004.
Gerald L. Farley, Mayor
ATTEST:
Velma W. Lowe, Village Clerk
H:IClKOIflleslWINIRESllease pymt, library & VOMP,parking,doc
E