Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:01 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio were Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Chairman Kanelos stated it was good to see Mr. Troiani back and full of energy. On the agenda tonight it states we are approving the minutes from the seminar of February 1st along with the minutes of April 5th. Since some of you just received the February 1st minutes via e-mail today or in the packet tonight, I will entertain a motion to table it until the July meeting. Vice- Chairman Dimond moved to table. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Next item on the agenda was the minutes from the April 5, 2010 meeting. Chairman Kanelos asked if there were any corrections, additions or clarifications. There were none. Commissioner Dubiel moved to approve the April 5th minutes. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Nakanishi, Schulter, Dubiel PASS: 1 Troiani There being six (6) affirmative votes the motion carried. OLD BUSINESS None Page 1 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 NEW BUSINESS 10-ZP-08 Mr. Tadeusz Zimnoch 3200 E. Lake Shore Dr. Wonder Lake, IL 60097 Requesting approval of Plat of Re-subdivision – appendix B, section IV (C) Ted’s Re-subdivision at 8149 N. Wisner St., Niles, IL. 10-ZP-09 Mr. Tom Ebels, Jr./Clearwire LLC, agent 635 East Remington Schaumburg, IL 60173 Requesting a Special Use to section IXA (B)(5)(a) to install two microwave antenna dishes and three accompanying panel antenna and wireless access point units on an existing water tank at 8199 W. Golf Road, Niles, IL. 10-ZP-10 Dr. Leon Zingerman 3819 Kiess Glenview, IL 60026 Requesting approval of a Special Use to appendix B, Section VIII (B)(3)(nn) for a dental clinic and to appendix B, section X (B)(10)(y) for a parking variation of a total of 15 total spaces or 20% and relocate trash enclosure at 7313 N. Harlem Ave., Niles, IL. Chairman Kanelos called for the first item on the agenda. 10-ZP-08 Mr. Tadeusz Zimnoch 3200 E. Lake Shore Dr. Wonder Lake, IL 60097 Requesting approval of Plat of Re-subdivision – appendix B, section IV (C) Ted’s Re-subdivision at 8149 N. Wisner St., Niles, IL. Mr. Wlodarski came to the podium to summarize this case. This request is for approval of Ted’s Re-subdivision and did not require notification to properties within 250’. This was made up of three separate parcels and the re-subdivision will consolidate this into one parcel. Neither the Community Development nor the Engineering Departments have any objections. This Board is a recommending Board to the Board of Trustees for this case. Chairman Kanelos asked if there were any questions for Mr. Wlodarski. Page 2 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 Commissioner Nakanishi said only the widths of the lots were mentioned in the cover letter – not the length. It is on the plat of survey but not mentioned in your cover letter. Mr. Wlodarski stated the plat of survey is what will be recorded. Chairman Kanelos asked that the packet the Board received on this item be admitted as Exhibit I. There were no other questions from the Board or the public. The petitioner was called up to the podium. Tom Walendzewicz [son-in-law and representative of Tadeusz Zimnoch], 1605 N. Windsor Drive, Arlington Hts., IL 60005, stepped up and was sworn in. He had nothing to add to Mr. Wlodarski’s presentation. Commissioner Troiani asked Mr. Wlodarski if this lot would be assigned one parcel number. Mr. Wlodarski said yes, one lot number. There were no more questions from the Commissioners or the public. Chairman Kanelos entertained a motion on this petition. Vice-Chairman Dimond moved to approve the petition of plat of re- subdivision – appendix B, section IV (C) Ted’s Re-subdivision at 8149 N. Wisner St., Niles, IL. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 10-ZP-09 Mr. Tom Ebels, Jr./Clearwire LLC, agent 635 East Remington Schaumburg, IL 60173 Requesting a Special Use to section IXA (B)(5)(a) to install two microwave antenna dishes and three accompanying panel antenna and wireless access point units on an existing water tank at 8199 W. Golf Road, Niles, IL. Page 3 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 Mr. Wlodarski summarized this case. Legal notice was published on May 20, 2010 in The Bugle Newspaper and letters were mailed out to all the properties within 250’ of the subject property. This request is to install two antenna dishes and three panel antenna and wireless access point units on the existing water tower at Four Flaggs Shopping Center. The water tower is owned and maintained by the Village of Niles. It has been reviewed by Municipal Services Associates which is a consultant to the Village for all communication systems. MSA has recommended approval for the installation of the dishes and antennas. The Community Development Department has reviewed this request and has no objections. Once again, this Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were questions from any of the Commissioners. Commissioner Dubiel asked that the packet received by the Board be admitted as Exhibit I for 10-ZP-09. Mr. Wlodarski wished to add something that just came up today [June 7, 2010.] There is a lease agreement being worked out for an easement between the carrier and the shopping center. It is moving forward but not finalized. There does not appear to be any objections at this point. It should be signed by the time this case goes on to the Village Board. Commissioner Troiani thought this should be someone’s requirement but Mr. Wlodarski and Village Attorney Annunzio both said no. However, Mr. Annunzio said he would research it. Commissioner Troiani stated he would put down an easement agreement as needed by the Village. Mr. Wlodarski said we don’t see any issues with it but wanted you to be aware of the situation. Vice-Chairman Dimond wanted to clarify that the shopping center owns the water tank. Mr. Wlodarski stated the Village owns and operates the water tank. Vice-Chairman Dimond wanted to know what is it they are leasing. Mr. Wlodarski said there needs to be access to that area. That is what they Page 4 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 are still negotiating. The shopping center doesn’t object. It is just a legal document they are working out with the carrier. Commissioner Dubiel had a question. Has the Water Department and the petitioner negotiated to replace this equipment? Mr. Wlodarski stated the Engineering Department has reviewed it. Chairman Kanelos stated the only condition you would like is the one mentioned in your review which is the painting. When it comes time to make a motion please keep that in mind. There were no other questions from the Commissioners or the public. The petitioner was called up. Mr. Tom Ebels, Jr., Clearwire LLC, agent, 635 East Remington, Schaumburg, IL 60173 came to the podium and was sworn in. He thanked the staff for their assistance with the application and presentation this evening. Chairman Kanelos asked if there were any questions from the Commissioners. Vice-Chairman Dimond asked how this microwave dish will operate for the convenience of Niles residents. Mr. Ebels said the system itself provides high-speed internet access, also phone access. The microwave portion serves as the telephone back-haul portion. A typical cell system, as MSA’s report indicates, goes through the public phone system on a land line. By using microwave dishes we are actually able to speed up internet access so users of Smart Phones, wireless laptops, etc. are able to operate at a much faster speed. Chairman Kanelos asked that the packet given to the Board be entered as Exhibit I for 10-ZP-09. Commissioner Troiani had another question. The recommendation from the Village is that all equipment that extends from the transmission equipment to the antennas be painted to match the color of the existing water tank. Mr. Ebels said they can accept as a condition to paint the antennas, microwave dishes and coaxial cables. The equipment cannot be painted to match the water tank; however it is located behind the water tank in an alcove of the shopping center and will not be visible to the general public. Page 5 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 Mr. Ostman clarified the ground equipment does not have to be painted to match the water tower, only the equipment attached to the tower. Vice-Chairman Dimond asked if the antenna is designed, located and operated so the public health, safety and welfare will be protected. Mr. Ebels said absolutely. It will comply with all FCC and FAA regulations. Chairman Kanelos asked if there were any other questions from the Commissioners or the public. Patricia Amtaramian, 8154 Lyons, Niles, IL came to the podium and was sworn in. She stated this dish is right behind her property. She is concerned about the visibility of it. They already have the electrical wires back there and to have more of the same seems to be a detriment if they try to sell their home. If people see not only electrical wires, but they see a dish, they see the water tower, they see all these things. She thinks it is a detriment, not a positive, for her property. Commissioner Dubiel offered Mrs. Amtaramian a photo from the packet showing before and after. Chairman Kanelos said Mr. Wlodarski will show Mrs. Amtaramian the photo and hoped it would allay some of her concerns. Mr. Wlodarski felt she was confused there was going to be a new tower not realizing this was going on the existing tower. The explanation and photo satisfied her concerns so far. Chairman Kanelos asked if there were any other questions. There were none. He entertained a motion. Commissioner Troiani made a motion to approve Mr. Tom Ebels, Jr./Clearwire LLC, agent, 635 East Remington, Schaumburg, IL 60173 requesting a Special Use to section IXA (B)(5)(a) to install two microwave antenna dishes and three accompanying panel antenna and wireless access point units on an existing water tank at 8199 W. Golf Road, Niles, IL subject to matching all colors as designated by the Community Development Department and to meet all requirements of new easement approval. Page 6 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 Vice-Chairman Dimond seconded that motion with a friendly amendment. Add to the motion we also make the findings that this Special Use is necessary for public convenience. It is designated, located and proposed to be operated so the public health, safety and welfare will be protected and that it will not cause substantial injury to the value of other property in the neighborhood in that it is located and designed to blend in with the rest of the tower per the conditions that have been imposed upon it. Commissioner Troiani said he would accept that. Commissioner Dubiel stated the easement is not necessary to be part of our recommendation. It is a private lease agreement. Chairman Kanelos stated the announcement of the easement was made strictly for informational purposes. It has no bearing on our decision. On roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the last item on the agenda. 10-ZP-10 Dr. Leon Zingerman 3819 Kiess Glenview, IL 60026 Requesting approval of a Special Use to appendix B, Section VIII (B)(3)(nn) for a dental clinic and to appendix B, section X (B)(10)(y) for a parking variation of a total of 15 total spaces or 20% and relocate trash enclosure at 7313 N. Harlem Ave., Niles, IL. Mr. Wlodarski again came to the podium to summarize. Legal notice was published on May 20, 2010 in The Bugle Newspaper and letters were mailed out to all the properties within 250’ of the subject property. This request is for a Special Use to operate a dental practice along with a parking variation. There was a parking variation granted of 9% in 2006. This parking variation would be for an additional 11% to make it a total of 20% for the shopping center. Also to relocate the dumpsters from their existing location. The reason for the dumpsters to be brought up to you tonight is because there was original discussion during the testimony and approval of this strip mall for Page 7 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 the location of the dumpsters. It was agreed upon during testimony to locate them within the alcove they are presently in. The Community Development has reviewed this request and recommends approval with the condition the parking variation shall only apply to the shopping center as long as the Special Use is still active for the dental practice it was granted for. This is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions. Commissioner Nakanishi said on the cover letter from the dentist the address is listed as 876 Civic Center Drive. I think that is your [Mr. Wlodarski] address. Mr. Wlodarski stated the dentist currently has a practice in Civic Center Plaza and is moving to this new location on Harlem Ave. Commissioner Nakanishi said the floor plan shows furniture placed in front of the electrical panel, and that no furniture or anything else may be placed in front of the electrical panel or 36’ to either side of it. Mr. Wlodarski assured her it was just that – an overall floor plan. None of these drawings were reviewed for code issues at this point. Commissioner Nakanishi asked if the garbage pickup is going to be in the front or the alley. Mr. Wlodarski said there really is no alley. It is a 5’ rear yard setback right now. You have two pictures – before and after – they will be located parallel with the building instead of the way they are now. Vice-Chairman Dimond asked if the trash containers are going to be in the back. Mr. Wlodarski said there is no alley. All the businesses dump their trash using the back walk that serves all the doors for the businesses. Chairman Kanelos asked if there are any other questions. Annette Kennedy, 7308 N. Nora Ave., Niles, IL stepped forward. She was sworn in. She lives right behind the building and had discussed with the Page 8 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 owner about relocating the trash bins. She does not understand the 15% total spaces. What does that mean? Mr. Wlodarski said the reason for the variation is it requires 72 spaces. They have 72 existing parking spaces. By our ordinance, if you add up all the businesses in the center, they are required to have 87 spaces. In looking at the shopping center the two practices making the biggest demand are the dental office going in and the chiropractor’s office already there. Per our zoning code we have to give them 3 places per office or per chair even though in the chiropractic office he only has one person at a time. We don’t feel there is any extra demand. The dental office is the same type of business. The dentist will explain when he comes to the podium. There are not 3 dentists. There are 3 chairs but one dentist, one assistant and one receptionist. Mrs. Kennedy is concerned because her house is right up against the parking. There are no problems now but if there is a problem in the future is it possible to contact the Village about it. Mr. Wlodarski feels there are going to be no parking issues. There is a good working relationship with the landlord. Chairman Kanelos said if it is passed it will be with the condition the variance is only good while that office is there. So if something goes out and comes back in they need to reapply for the parking variation. Commissioner Nakanishi said the dentist has one assistant and one part- time assistant (neither of them dentists), but the floor plan shows 3 operating rooms. If the dentist is planning to hire another dentist in the future, the parking requirements would increase. Mr. Wlodarski said he would let the dentist explain all that. Dr. Leon Zingerman, 3819 Kiess, Glenview, IL 60026 came to the podium and was sworn in. He has been in the Civic Center for ten years and has 3 operatories and is a sole practitioner. The way the operatories are used is with one assistant; when the next patient comes in, she does not have the opportunity to clean one so they go to the next operatory. The third operatory is used strictly for emergencies. The only time more than one operatory is used at the same time is when they do bleaching. Page 9 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 Chairman Kanelos asked if there were other questions from the Board or the public. There were none. Please enter the packet received for this case as Exhibit I for 10-ZP-10. He entertained a motion. Vice-Chairman Dimond moved that we approve the Special Use requested in 10-ZP-10 filed by Dr. Leon Zingerman requesting approval of a Special Use to appendix B, Section VIII (B)(3)(nn) for a dental clinic and to appendix B, section X (B)(10)(y) for a parking variation of a total of 15 total spaces or 20% and relocate trash enclosure at 7313 N. Harlem Ave., Niles, IL. This petition should be granted with the condition the Special Use parking variation apply only to this shopping center as long as the dental practice is there. We make the findings this Special Use is necessary for public convenience for the members of the public going to the dental office; that it is designed, located and proposed so the public health, safety and welfare are protected and it does not cause substantial injury to the value of other property in the neighborhood or in this shopping mall. Therefore I move that we approve the petition with that condition and with those findings. Commissioner Dubiel added a friendly amendment: this meets the standards as well, outlined in E (2)(a)1,2 and 3 for variations in the parking portion of this petition. Chairman Kanelos made a suggestion when motions are made let’s read it word for word as it is written on the packet and that way we cover everything. Seconded by Commissioner Nakanishi, on roll call the vote was: On roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. At this time, Chairman Kanelos entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Page 10 of 11  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 7, 2010 The meeting adjourned at 7:35 p.m. Kathleen Janessa, Recording Secretary Page 11 of 11