Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio was 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 asked if there were any clarifications or corrections to the minutes of August 2, 2010. There were none. Vice-Chairman Dimond moved to approve the August 2, 2010 minutes. 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. NEW BUSINESS 10-ZP-16 Tae Hoon Kim, President 561 Alice Dr. Northbrook, IL 60062 Requesting approval of a Special Use to appendix B, section VIII (B)(3)(z) to expand a full service restaurant at 9078 W. Golf Road, Niles, IL 60714. 10-ZP-17 The Village of Niles Department of Community Development Charles F. Ostman, Director 1000 Civic Center Dr. Niles, IL 60714 Text amendment to Village of Niles Zoning Code Special Use for secondhand stores and rummage shops to be moved from appendix B, section VIII (C)(3)(k) to appendix B, section VIII (B)(3)(ss). Page 1 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 10-ZP-18 Yury Tarnovsky 614 Dunston Circle Northbrook, IL 60062 Requesting approval of a Special Use to appendix B, section VIII (B)(3)(ss) for a secondhand store and rummage shop at 7740 N. Milwaukee Ave., Niles, IL 60714. 10-ZP-19 Andrew Venamore Director of Operations Airoom LLC 6825 N. Lincoln Ave. Lincolnwood, IL 60712 Requesting approval of a rear yard variation to Niles Zoning Ordinance appendix B, section VII (C)(10) to reduce the rear yard set back from the required 40 feet to 31.73 feet to construct a new house at 6955 W. Monroe Ct., Niles, IL 60714. 10-ZP-20 Daniel Baranski, owner 7649 N. Oleander Ave. Niles, IL 60714 Requesting approval of a side yard variation to Niles Zoning Ordinance appendix B, section VII (C)(9)(a) to reduce the side yard setback from the required 10 feet to 5 feet 8 inches to construct a new addition to 7649 N. Oleander Ave., Niles, IL 60714. 10-ZP-21 Dan Beniue, owner 7319 Greenleaf St. Niles, IL 60714 Requesting approval of a side yard variation to Niles Zoning Ordinance appendix B, section VII (C)(9)(a) to reduce the side yard setback from the required 10 feet to 4 feet to construct a new carport at 7319 Greenleaf St., Niles, IL 60714. Chairman Kanelos called for the first item on the agenda. 10-ZP-16 Tae Hoon Kim, President 561 Alice Dr. Northbrook, IL 60062 Page 2 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 Requesting approval of a Special Use to appendix B, section VIII (B)(3)(z) to expand a full service restaurant at 9078 W. Golf Road, Niles, IL 60714. Richard Wlodarski stepped to the podium. For all the cases brought before the Board tonight legal notice was published August 26, 2010 in the Bugle Newspaper and letters were mailed out to all the properties located within 250 feet of the subject properties. This first request is to expand the existing restaurant Jang Chung Dong from 5,000 square feet up to 7,500 square feet and to increase the seating capacity from 140 seats up to 224 seats. The parking study from Gewalt-Hamilton shows no parking concerns with the increase in seating. The Community Development Department has reviewed this request and has no objections to this Special Use request. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were questions for Mr. Wlodarski. Commissioner Nakanishi questioned the number of water closets in ratio of patrons and employees. The plan shows five. According to her calculations there should be six. She asked that the code be double checked to make sure there are ample water closets. The new plan does not show modifications to the existing party wall. There should be some modifications. Also for correction, Gewalt-Hamilton states the Golf Glen Shopping Center is east of the Golf and Milwaukee intersection; in fact it is west of that intersection. Finally, no final floor plan is included. The Board needs to know which of the exit doors will remain in use. Please check that the emergency exiting requirements are met. Mr. Wlodarski said these plans are strictly for the Board’s purposes. They have not been reviewed for permits. Commissioner Nakanishi’s questions and comments are so noted. Chairman Kanelos asked if there were any other questions from the Board. There were none. Any questions from the public? Again, there were none. The Chairman called for the petitioner to come to the podium. The following gentlemen came forward and were sworn in: Barry Newdelman, architect, 638 W. Belden Ave., Chicago, IL 60614; Tae Hoon Kim, 561 Alice Dr., Northbrook, IL 60062 and Young Shin, 4700 Washington, Skokie, IL 60076. Page 3 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 Mr. Newdelman stated the restaurant has been at this location for 10 years in the original space; expanded to the second space 7 years ago and now is seeking a third space. The preliminary plans have been approved by the Niles Fire Department and one room has been reduced by sixteen people from the total count. He will recalculate to see if an additional water closet is required. If so, it will be included. Commission Dubiel asked that the packet received by the Board be entered into the record as Exhibit A. Chairman Kanelos asked if there were any other questions. None from the Commissioners; none from the public. He entertained a motion. Commissioner Dubiel moved to approve 10-ZP-16 requesting approval of a Special Use to appendix B, section VIII (B)(3)(z) to expand a full service restaurant at 9078 W. Golf Road, Niles, IL 60714. We find it meets the standard set forth in the zoning code H 4 a,b and c. It is deemed necessary for the public convenience at this location and is so designed, located and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located. 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. Chairman Kanelos called for the next item on the agenda. 10-ZP-17 The Village of Niles Department of Community Development Charles F. Ostman, Director 1000 Civic Center Dr. Niles, IL 60714 Text amendment to Village of Niles Zoning Code Special Use for secondhand stores and rummage shops to be moved from appendix B, section VIII (C)(3)(k) to appendix B, section VIII (B)(3)(ss). Page 4 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 Rich Wlodarski stepped to the podium again. He said this request is to move secondhand stores from (B)(2) service district to (B)(1) retail district. This change is requested because the nature of the business is more in line with the typical type of retail business. This Board is a recommending Board to the Board of Trustees. Vice-Chairman Dimond said right now Section VIII (C)(3)(k) refers to clothing and costume rentals. She would like to know if changing this Special Use code would change its description to include secondhand stores. Mr. Wlodarski said it would be added to the end of the (B)(1) zoning district. He left to get the zoning code book for further clarification. Mr. Ostman said the language “secondhand stores” used to be in zoning code. That category itself would be relocated to be allowed into the retail and service district. Commissioner Troiani asked if they would move the section for pawnshops out of this and consolidate it into one. Mr. Ostman said there is no section on pawnshops in the zoning districts. Mr. Dubiel asked why this was in (B)(2) in the first place. Mr. Ostman said there was no known reason. Since this is a business that generates sales tax it should be in the retail district. In answer to Vice-Chairman Dimond’s earlier question, the section being amended is in appendix B, which is Village of Niles zoning code (B)(2) service business district. Right now it is listed as section VIII (C)(3)(k) under special uses (k) – identified as secondhand stores and rummage shops. That would be moved to appendix B section VIII (B)(3)(ss), a new section. Chairman Kanelos asked if there were any other questions from the Commissioners or the public. There were none so he entertained a motion. Commissioner Dubiel moved to approve 10-ZP-17 change by the Village of Niles, Department of Community Development, Charles F. Ostman, Director, to the text amending to Village of Niles Zoning Code Special Use for Page 5 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 secondhand stores and rummage shops to be moved from appendix B, section VIII (C)(3)(k) to appendix B, section VIII (B)(3)(ss). Seconded by Commissioner Schulter, 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-18 Yury Tarnovsky 614 Dunston Circle Northbrook, IL 60062 Requesting approval of a Special Use to appendix B, section VIII (B)(3)(ss) for a secondhand store and rummage shop at 7740 N. Milwaukee Ave., Niles, IL 60714. Mr. Wlodarski came to the podium. The text amendment that was just approved would not allow this type of business in the (B)(1) zoning district prior to this. The Community Development Department has reviewed this request and has no objections to the Special Use request as long as the following conditions are part of the ordinance: the Police Chief would like this condition added – if any merchandise is taken in from walk-ins, a log with all pertinent information on that person shall be kept along with a copy of a valid i.d. This Board is a recommending Board to the Board of Trustees. Vice-Chairman Dimond asked if the Village decides not to accept our recommendation to amend the code, this provision could not go forward, correct? Mr. Wlodarski said that is correct. Chairman Kanelos noted that the packet given to the Board be listed as Exhibit A of 10-ZP-18. Commissioner Dubiel would like clarification on the language the Police Chief wrote. Is it acceptable to say any merchandise received from walk-in sellers for sale or consignment need to be logged by item, along with name, Page 6 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 address and phone number for walk-in persons selling the item, including a copy of a valid i.d., correct? Mr. Wlodarski said yes. Chairman Kanelos asked if there is a difference between sale and consignment. Mr. Wlodarski said the petitioner will answer that. There were no more questions from the Board or the public. Chairman Kanelos called the petitioner to the podium. Jason Sager, 834 Seward St., Evanston, IL stepped forward as the attorney representing the petitioner, Yury Tarnovsky. He was sworn in by Commissioner Kanelos. The shop is going to sell secondhand furniture and clothing that is easy to purchase on consignment. This is not a pawnshop by any means – just what is says: secondhand merchandise. Commissioner Dubiel said he needed some clarification regarding the difference between selling on consignment and purchasing and selling directly. It could be one or the other or both. Mr. Sager said yes. Commissioner Troiani asked if there is a provision to prevent people from bringing in stolen goods. Mr. Sager said Mr. Tarnovsky will do a good faith check on people bringing an item in the store but he would have no way of knowing if the merchandise is stolen. It could be from anybody. The store owner would not know if the person bringing in the merchandise purchased it from someone who stole it. Just because they walked it in doesn’t make the risk any less or any more. There would be a record of everything to serve as some sort of protection. If someone stole it they would be unlikely to turn over that information. Chairman Kanelos said the petitioner stated on the application there will be about 50% clothing, 50% furniture. It is not foreseen that any other secondhand items will be sold in high volume. If, however, such items would, Page 7 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 it would consist of 5 to 10% of sales. If somebody walks in from the street, what other items would be taken in. Mr. Sager said used toys. They aren’t going to be taking in any watches. The sales are going to be fixed on used furniture and used clothing. Commissioner Troiani asked if these items are going to be held so the people that dropped them off can buy them back. Once they bring it to you, you make a deal with taking it from them. You sell it or not sell it, up to you. Mr. Sager said they can change their mind and come in and buy it at the price he is selling it for. But it is not going to be held for them. That would be like a pawnshop and that is not what it is. Chairman Kanelos read the rest of the letter from the Chief of Police. The petitioner said he is going to obtain his merchandise from stores that are closing and people that are moving. It is not his intention to take in items from walk-ins, but if it is allowed, he would only take the items in on consignment. Now you say he would like to take things not on consignment. Mr. Sager said 99% of what the owner would do is purchase items. He could take some on consignment that would be an exception rather than the rule. Chairman Kanelos said there seems to be some confusion. Mr. Sager said if that is what the petitioner said, that is fine. He’s not here but these are his words and we should stick with it. There were no more questions from the Commissioners or the public. Commissioner Troiani moved that 10-ZP-18 - Yury Tarnovsky, 614 Dunston Circle, Northbrook, IL 60062 requesting approval of a Special Use to appendix B, section VIII (B)(3)(ss) for a secondhand store and rummage shop at 7740 N. Milwaukee Ave., Niles, IL 60714 be denied. The reason for denial is it seems there is no control and could end up like a pawnshop. There was no second to that motion. Commissioner Dubiel made a new motion and moved that 10-ZP-18 - Yury Tarnovsky, 614 Dunston Circle, Northbrook, IL 60062 requesting approval of a Special Use to appendix B, section VIII (B)(3)(ss) for a secondhand store Page 8 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 and rummage shop at 7740 N. Milwaukee Ave., Niles, IL 60714 be approved. They find it meets the standards set forth in zoning code H 4 a,b & c. It is deemed necessary for the public convenience at this location and is so designed, located and proposed to be operated where the public health, safety and welfare will be protected. It will not cause substantial injury to the value of other property in the neighborhood in which it is located under the following conditions: any merchandise received from walk-in sellers will be sold only on consignment and will be logged by item, along with name, address and phone number for walk-in persons selling the item including a copy of a valid i.d. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Nakanishi, Schulter, Dubiel NAYS: 1 Troiani There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 10-ZP-19 Andrew Venamore Director of Operations Airoom LLC 6825 N. Lincoln Ave. Lincolnwood, IL 60712 Requesting approval of a rear yard variation to Niles Zoning Ordinance appendix B, section VII (C)(10) to reduce the rear yard set back from the required 40 feet to 31.73 feet to construct a new house at 6955 W. Monroe Ct., Niles, IL 60714. Mr. Wlodarski spoke again. This request is for a rear yard setback from 40 feet to 31.73 feet. This is due to a sewer line that was discovered during the plan of review process. The sewer line runs the length of the north property line from the front to the back. The house had to be shifted on the lot to allow access for digging should the line ever need to be repaired. The Community Development Department, along with the Engineering Department, has reviewed this request and has no objections. This Board is the final authority on this matter. Commissioner Nakanishi said on the request for variation the new home has four bedrooms; the floor plans actually show five bedrooms. She was ready to vote against this because of Niles’ significant problem of flooding. She read Page 9 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 the proposed square footage is less than the floor area ratio allows and the square footage on the new driveway is less than the former. Seeing how this entire request was being handled she decided the request for reduction in the rear yard setback should be approved. She said this so the Community Development Department knows the Board is not rubber-stamping these requests. Commissioner Dubiel wanted some history of this cul-de-sac. Mr. Wlodarski said on cul-de-sacs, many times because of the shapes of the lots, variations need to be granted. In this case, they were in for permitting before the sewer issue was discovered. Before that all the criteria was met. After the discovery, they had to shift it. The sewer line caused the hardship. There were no more questions from the Board or from the public. Chairman Kanelos noted that the packet given to the Board be listed as Exhibit A for 10-ZP-19. Andrew Venamore, Director of Operations, Airoom LLC, 6825 N. Lincoln Ave., Lincolnwood, IL 60712 stepped forward and was sworn in. He said the case speaks for itself. All the set back requirements were met. The sewer problem created the issue here and set off a lot of challenges. Chairman Kanelos asked when he became aware the sewer existed. Mr. Venamore said after his engineer worked with the Village’s engineer. The building and engineering plans were submitted and reviewed by Moses [from the Village]. He identified the line that was there. It was not listed on any surveys or legal descriptions. Chairman Kanelos asked if there were any questions from the Commissioners or the public. There were none. He then entertained a motion. Vice-Chairman Dimond moved that 10-ZP-19 - Andrew Venamore, Director of Operations Airoom LLC, 6825 N. Lincoln Ave., Lincolnwood, IL 60712 - requesting approval of a rear yard variation to Niles Zoning Ordinance appendix B, section VII (C)(10) to reduce the rear yard setback from the required 40 feet to 31.73 feet to construct a new house at 6955 W. Monroe Ct., Page 10 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 Niles, IL 60714 be granted. As part of her motion, they make the findings that the property in question cannot be reasonably used for the home if permitted to be used only under the conditions allowed by the code as currently written. The plight of the owner is unique due to the circumstances of the shape of the lot and the sewer lines going underneath it. The variation, if granted, will not alter the essential character of the neighborhood. Seconded by Commissioner Dubiel. Chairman Kanelos had a question. The depth of the sewer is ten feet. But it does slope from west to east. Has all this been confirmed? Mr. Venamore said yes, they have worked it out with Moses. Commissioner Troiani said you will work with the Department of Niles regarding this and follow their findings. Mr. Venamore said yes. Commissioner Schulter asked if the newly discovered sewer ties in to the homes on the east side of Waukegan. Mr. Venamore said the Engineering Department identified there are three connections. His [project] was one. They aren’t quite sure where the other two were. 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. Commissioner Dubiel asked if these types of sewer problems are being tracked by the Engineering Department. Mr. Ostman said he would have a discussion with the Engineering Department. It is a good question. Chairman Kanelos called for the next item on the agenda. Page 11 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 10-ZP-20 Daniel Baranski, owner 7649 N. Oleander Ave. Niles, IL 60714 Requesting approval of a side yard variation to Niles Zoning Ordinance appendix B, section VII (C)(9)(a) to reduce the side yard setback from the required 10 feet to 5 feet 8 inches to construct a new addition to 7649 N. Oleander Ave., Niles, IL 60714. Rich Wlodarski stepped to the podium. This request is to encroach into the required side yard setback of 10 feet down to 5 feet 8 inches for the construction of a drive thru carport with habitable space above the carport. The Community Development Department has reviewed this request and has no objections [or to approve] to this request. This Board is the final authority on this matter. Chairman Kanelos asked if there were any questions from the Board or the public. There were several members of the [public] audience wanting to speak. They had questions for Mr. Wlodarski and would be able to speak to the petitioner when he came to the podium as well. The people wishing to speak came one at a time to the podium and were sworn in and spoke as follows: Michael Heneghan 7652 N. Oleander Niles, IL 60714 Paul Yee 7639 N. Oleander Niles, IL 60714 Bob Truty 7515 Lawler Niles, IL 60714 Martha Ostrow 7653 N. Oleander Niles, IL 60714 Barbara Dzik 7643 N. Oleander Page 12 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 Niles, IL 60714 Linda Truty 7515 Lawler Niles, IL 60714 Steve Truty 7515 Lawler Niles, IL 60714 Jennifer Louie 7642 N. Oleander Niles, IL 60714 The above named neighboring residents of the petitioner spoke out against the proposed request. They wanted to see [on the overhead projector] a front elevation of the project. It was shown at that time. Most of the residents speaking have lived in the neighborhood for more than twenty years. They are concerned about the size of the McMansions and additions being added to homes in their neighborhood. Most homes in the area are small ranch style; some have had additions put on over the years but nothing like the changes that are currently taking place. They feel this particular addition is too close to the neighbor. These people like the area and feel there is a problem when you start to encroach on other people’s property. It is not a problem if you want to put on an addition and go to the back of one’s property but they don’t like the fact you can encroach on your neighbor’s side yard. It is something to be considered because of the precedence this would be setting in the neighborhood. Commissioner Dubiel asked if this type of addition has been allowed in the Village before. Mr. Wlodarski said similar designs and similar setbacks have been approved before. Some down to 5 feet. The difference in this case compared to somebody doing a larger, two story home is because of the detached garage. If they wanted to have an attached garage [other than the 4 inches less the 6 feet] they could do it without having to come before this Board. The reason is per our ordinance, we want a 10 foot setback for the driveway so the car can Page 13 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 get back to the detached garage. In this case there will be livable space above it; they are encroaching per ordinance less than the 10 feet but with an attached garage they could go down to 6 feet and they wouldn’t have to come in front of this Board and could build the exact same thing. Commissioner Dubiel clarified what Mr. Wlodarski said. If this was an attached garage they could do everything they are doing here less 4 inches without requiring any approval. They only reason they have to come before the Board is they are not doing an attached garage but a drive thru back to the two car garage. Mr. Wlodarski said that is correct. By zoning they are encroaching into the required 10 foot setback; that is the reason for the variation. Chairman Kanelos then explained to the citizens if this person was tearing down and building brand new with an attached garage, the side yard setback allowable would only be 6 feet without needing any approval from this Board. In looking at the aerial view houses can be seen that have this type of configuration because they have attached garages. This is something that is peculiar to detached garages to allow for a driveway to go to the back. During all the discussions on this item, each of the residents that spoke cannot get over the fact that an addition like this could be passed. They all feel that this is going to pave the way for the future and before you know it many people will have their properties encroached upon. Mr. Ostman interjected this section of the zoning code was changed about 7 years ago. It was in regard to looking at the total teardown craze that was taking place in Niles at the time. If this case would have come in front of the Board more than 7 years ago, the petitioner would not have to obtain any kind of variation. At that time the only requirement was the side yard be 5 feet period. There was no requirement for driveways. Some of the teardowns that were being built at that time still kept that narrow driveway on the side. We felt it was more appropriate for the Village, long term, that we increase those driveways. Instead of keeping them 8 feet, you can actually increase the driveway up to 10 feet. This is our third permit application in Niles for a drive thru carport. Chairman Kanelos said there are requirements in how much of the land has to be permeable. We recently increased that. Now, more of the land cannot be built on. You used to have to have 35% of the lot permeable; now it is 40%. Page 14 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 That helps with water absorption. We have things in the ordinance regarding the height and bulk. Most of these things aren’t known because most people don’t have to deal with them. The Village does try to keep everything in consideration in making decisions. As a resident of Niles the Chairman has concerns about the flavor of the Village also. He has lived here 25 years and loves Niles and wants to see it continue to be a good place to live. At this time the petitioner was called to the podium. Daniel Baranski, owner, 427 S. Cumberland, Park Ridge, IL 60068 stepped forward along with his architect, Beata Kociuba, 100 Higgins Rd., Park Ridge, IL 60068. Both were sworn in by Chairman Kanelos. Ms. Kociuba explained in more detail the plans to change the look of the existing home. She spoke and pointed on the overhead the changes that she and the petitioner are requesting. Chairman Kanelos wondered how many homes on that block are two story. Ms. Kociuba said she did not know. Mr. Baranski said this is not a mega mansion. It is a three bedroom home and he doesn’t see it going into foreclosure so that should not be a concern. The carport is being accommodated with columns so light will be filtered in. Also, the addition is only 25 feet long. Ms. Kociuba further explained the side yard issue and the elevation of the home. The existing house is less than 1,000 square feet and 24 feet wide. They are not asking for any other variances. They followed the direction the Zoning Board allows them. They are not creating something big. [At this point she stepped away from the podium and was talking and pointing to the overhead – now inaudible.] Chairman Kanelos asked if there were questions for the petitioner or the architect. The following people came to the podium: Linda Truty Martha Ostrow AT THIS POINT, THE TAPE IN THE MEDIA ROOM AS WELL AS THE BACKUP TAPE NEXT TO THE RECORDING SECRETARY RAN OUT OF TIME. Page 15 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 In summarizing: Chairman Kanelos entertained a motion. Commissioner Dubiel move to approve item 10-ZP-20 - Daniel Baranski, owner, 7649 N. Oleander Ave., Niles, IL 60714 – requesting approval of a side yard variation to Niles Zoning Ordinance appendix B, section VII (C)(9)(a) to reduce the side yard set back from the required 10 feet to 5 feet 8 inches to construct a new addition to 7649 N. Oleander Ave., Niles, IL 60714. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 4 Surace, Kanelos, Schulter, Dubiel NAYS: 3 Dimond, Troiani, Nakanishi There being four (4) affirmative votes the motion carried. Chairman Kanelos called for the final item on the agenda. 10-ZP-21 Dan Beniue, owner 7319 Greenleaf St. Niles, IL 60714 Requesting approval of a side yard variation to Niles Zoning Ordinance appendix B, section VII (C)(9)(a) to reduce the side yard setback from the required 10 feet to 4 feet to construct a new carport at 7319 Greenleaf St., Niles, IL 60714. Since there is no audio to transcribe, the recording secretary can only say this item was voted on and approved. Commissioner Dubiel moved to approve 10-ZP-21 - Dan Beniue, owner, 7319 Greenleaf St., Niles, IL 60714 - requesting approval of a side yard variation to Niles Zoning Ordinance appendix B, section VII (C)(9)(a) to reduce the side yard setback from the required 10 feet to 4 feet to construct a new carport at 7319 Greenleaf St., Niles, IL 60714. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 5 NAYS: 2 There being five (5) affirmative votes the motion carried. At this time, Chairman Kanelos entertained a motion to adjourn. Page 16 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 13, 2010 Commissioner Dubiel moved to adjourn. Seconded by Vice-Chairman Dimond, 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. The meeting adjourned at 9:28 p.m. Kathleen Janessa, Recording Secretary Page 17 of 17