Architectural Control Board


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Meeting Date: 07/27/2021  
Topic:    Learn and Lead Child Care Conditional Use Permit
From: Gabriel Gilbertson
Department: Community Development  
Date of Committee
Action (if required):

Consideration of a recommendation to the Village Board of Trustees to grant a conditional use permit for LEARN AND LEAD CHILDCARE AND PRESCHOOL LLC located at N79W14749 Appleton Avenue in the C-1 Neighborhood Business Zoning District, Tax Key No. 53.027.002.
Background Information:
The Zoning Code states that any commercial building to be constructed within 100 feet of the boundary line of a single family residential zone requires a Conditional Use Permit. Although the commercial building exists, the proposed playground area is considered an expansion of that commercial use and is proposed within 100 feet to the residentially zoned properties that share a portion of the western property line with the subject property. As a result, a conditional use permit is required.

Application Specifics:
The applicant is proposing of opening a daycare facility in the vacant tenant space at the subject property and as part of the daycare would construct a 40 foot by 20 foot outdoor play area in the parking lot on the south side of the building. According to the application there would be a total of 12 full time employees with 6 employees on the largest shift and the hours of operation would be from 6:00 am until 10:00 pm.
Additional Information:
The project was reviewed by the Engineering and Development, Utilities, Police, and Fire Departments.

The Planning Department noted the following:
  • The play area in its proposed location extends into the drive aisle and needs to be reduced to be at the same depth (including bollards) as the parking stalls.
  • Details need to be submitted for the type of fence and bollards that are being proposed.
  • Details should also be submitted for how the play area will be addressed.
  • At the time of drafting this Staff Report, Staff had not received the revised documents requested to address the location of the outdoor play area. Staff recommends the Architectural Control Board recommend the Village Board deny the Conditional Use Permit request due to safety concerns of the play area in a parking lot drive lane.
The Plan Commission recommended the Village Board approve the Conditional Use Permit subject the following conditions at their June 8, 2021 meeting:
  1. This Permit shall become effective upon the execution and recording by the owners of the Premises of an acceptance hereof in such form as to constitute an effective covenant running with the land.
  2. This Permit shall be void unless, pursuant to the Zoning Code of the Village, Building or Occupancy and Zoning Use Permits in conformity to this Permit, are obtained within six (6) months of the date hereon, the date on which the Conditional Use Permit was granted.
  3. This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
  4. Construction and operation of the use(s) granted shall be in strict conformity to the approved site, building and operation plans filed with the Village Board in connection with the Petition(s) for this Permit.
  5. The conditional use and structures are in accordance with the purpose and intent of this Ordinance, and is found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
  6. The parking and driveway areas shall be paved with asphalt or concrete.
  7. Areas not used for parking or drives shall be landscaped according to the plan approved by the Architectural Control Board and shall be neatly maintained at all times.
  8. Building and landscaping shall be completed in strict conformity with the plans approved by the Architectural Control Board.
  9. There shall be no outside storage of new or used equipment, materials or merchandise other than screened areas for the storage of refuse containers approved by the Architectural Control Board.
  10. Hours of operation shall be between 6:00 am and 10:00 pm.
The applicant will need to contact the Fire Department to ensure that all regulations enforced by the Fire Department will be met prior to the recording of the Conditional Use Permit.
Requested Action by Commission/Committee/Board:
Staff recommends the Architectural Control Board make the following two findings:
  • The site plan is architecturally functional.
  • The exterior design proposed is not unsightly or obnoxious and is not disharmonious or so similar to existing neighboring developments that substantial depreciation of neighboring property or development will be caused by the applicant’s proposal.
And recomment the Village Board of Trustees to grant a conditional use permit for LEARN AND LEAD CHILDCARE AND PRESCHOOL LLC located at N79W14749 Appleton Avenue in the C-1 Neighborhood Business Zoning District, Tax Key No. 53.027.002.

Site Plan


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