Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 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, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Commissioner Barbara Nakanishi was absent. Chairman Kanelos asked if there were any questions, clarifications or corrections to the minutes of November 1, 2010. There were none. Vice-Chairman Dimond moved to approve the November 1, 2010 minutes. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Troiani, Schulter, Dubiel NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. NEW BUSINESS 10-ZP-27 Nancy Dominguez, owner 8149 N. Greenwood 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 4 feet to construct a new carport at 8149 N. Greenwood Ave., Niles, IL 60714. 10-ZP-28 Jacob Sadoff, owner 300 N. Martingale Rd., Suite #200 Schaumburg, IL 60173 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(ff) to operate a precious metal dealer facility located at 8504 W. Golf Rd., #B, Niles, IL 60714. Chairman Kanelos called for the first item on the agenda. Page 1 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 2010 10-ZP-27 Nancy Dominguez, owner 8149 N. Greenwood 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 4 feet to construct a new carport at 8149 N. Greenwood Ave., Niles, IL 60714. Richard Wlodarski presented case 10-ZP-27. Subject property is at 8149 N. Greenwood. For both cases being heard tonight, legal notice was published in The Bugle Newspaper on November 18, 2010. Letters were mailed out to all properties within 250 feet of the subject property. This request is to move the existing support columns of the carport 2 feet closer to the property line. If approved the new carport would have a 4 foot side yard setback instead of the required 10 foot side yard setback. The Community Development Department has reviewed this request and recommends approval. This Board has the final decision on this matter. Chairman Kanelos said he was informed since this request is more than 50% of the variation it still has to go before the Village. Mr. Ostman said that only applies to the front and rear yards. With side yards the Board has full authority to give away the entire yard. Chairman Kanelos asked if the Commissioners had any questions for Mr. Wlodarski. Commissioner Dubiel wanted to clarify that Mr. Wlodarski said mailings were done within 250 feet. So all the neighbors have been notified and they know tonight is the night it is before the Board, correct? Mr. Wlodarski said correct. Chairman Kanelos entered the packet into the record as Exhibit A 10-ZP-27 and the photos submitted this evening as Exhibit B 10-ZP-27. The letter with the photographs was already in the original packet. Vice-Chairman Dimond said it is a little different. Chairman Kanelos said then we will enter the letter as Exhibit C 10-ZP-27. Page 2 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 2010 Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. He then asked if there were any questions from the audience. Mike Sica, 8151 N. Greenwood, Niles, IL 60714 stepped forward and was sworn in. His question is: is this just to move the posts, not the entire carport, because the description is calling for a new carport? Mr. Wlodarski said it is just for the posts. Chairman Kanelos called the petitioner to the podium. Nancy Dominguez, 8149 N. Greenwood Ave., Niles, IL stepped forward and was sworn in. She had nothing additional to add to what Mr. Wlodarski presented. At this time there were no additional questions so Chairman Kanelos made a motion. Vice-Chairman Dimond moved 10-ZP-27 - Nancy Dominguez, owner, 8149 N. Greenwood 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 4 feet to construct a new carport at 8149 N. Greenwood Ave., Niles, IL 60714 be granted. The carport will remain the same; the poles that support the existing carport will be moved closer to the edge of the yard in order to allow a vehicle to enter. In support of the motion for a variation, she suggested making the findings of the property in question cannot yield a reasonable return due to placement of the posts and the needs of this homeowner. The plight of this owner is unique due to the circumstances outlined in the letter the Board received. The variation, if granted, will not alter the essential character of the locality. Seconded by Commissioner Surace. Commissioner Dubiel clarified the approval of this motion in allowing only new footings and posts to be placed on an existing carport. Is that correct? Chairman Kanelos said correct. That is the motion. Page 3 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 2010 On roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Troiani, Schulter, Dubiel NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 10-ZP-28 Jacob Sadoff, owner 300 N. Martingale Rd., Suite #200 Schaumburg, IL 60173 Requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(ff) to operate a precious metal dealer facility located at 8504 W. Golf Rd., #B, Niles, IL 60714. Mr. Wlodarski presented case 10-ZP-28. Subject property is 8504 W. Golf Rd., #B. This request is to open a precious metal dealer facility, mainly buying silver and gold and platinum. Should the request be approved, the following conditions should be made as part of the ordinance. The business must hold all precious metals for 21 days. During that period of time they must allow the police department to inspect any precious metals being held. No free standing signs shall be allowed to be displayed outside the business. Only one interior sign and one window shall be allowed. The Community Development Department has reviewed this request and has no opinion on this matter. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions for Mr. Wlodarski. Commissioner Dubiel said in the police packet there wasn’t anything about the 21 days. Can we have a clarification on this? Chairman Kanelos said the 21 days is the same condition passed on a similar business that came before the Board. He spoke with Chief Strzelecki today and he supports the 21 day hold. There were no other questions from the Commissioners or the audience. At that time Chairman Kanelos called for the petitioner to come to the podium. Jacob Sadoff, owner, [home address] 304 Pebble Beach Lane, Bartlett, IL Page 4 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 2010 stepped up and was sworn in. He gave an overview of the business. The company is Midwest Gold Buyers. They are the largest gold buying organization in Illinois, Indiana and Wisconsin. They are a family owned business with 60 stores. They buy precious metals from the general public in the form of old, unwanted jewelry, coins, watches, etc. It is a no pressure, no haggle environment. They do not resell at the stores. They are not a pawn shop. Theirs is a triple A rating with the Better Business Bureau. They use state certified scales that are regulated by the Illinois Dept. of Agriculture. They cooperate with all local municipalities so there is no problem with the 21 day hold period. They follow the U.S. Patriot Act which governs how they keep records. Stores are safe and secure. Each store has a security camera and they keep all the footage from the previous month and can archive if necessary. Payment is by check only. No cash is involved. They will employ 2 to 4 local people. The average store puts approximately $250,000 per year into the local economy in the items the store purchases. They spend about $60,000 for rent. They also use local advertising companies and local contractors. He and his brother [co-owners of the company] have spotless records. They are very excited to come to the area. Vice-Chairman Dimond asked if there is a safe in the building. Mr. Sadoff said typically they try not to keep the items on hand. There are safes at the main office [in Schaumburg]. Since we have 60 stores, we have one central receiving point and that is in Schaumburg. This is for the safety of our customers and our employees. If Niles says it is a requirement for us to put a safe in this location, we will cooperate and do so. However, the items are all shipped to the main office via UPS every day. Vice-Chairman Dimond said your location is in the Wal-Mart lot. There are two other tenants in the building. Mr. Sadoff said he believes it is only Foster Bank and his company. Commissioner Surace noted they will hire 2 to 4 people. How are they trained? Mr. Sadoff said there is a 7-day training process. Very thorough – almost like a boot-camp. There are two full time trainers; a training manager and a couple other staff trainers that are dedicated. They have apprenticeship days they do at the stores; not only do they get classroom training but they have Page 5 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 2010 apprenticeship days in other stores. There is a 100 page manual that every trainee receives. Commissioner Troiani said your request mentioned holding precious metals for 7 days. The Village of Niles has an ordinance that states it should be held for 21 days. During that time the police department must be able to inspect any precious metals being held. No free standing signs are allowed outside your business. Do you agree with all the terms? Chairman Kanelos said just for the record, it is not an ordinance. It is a condition of the Special Use. Commissioner Dubiel asked for the hours of operation. Mr. Sadoff said 10 a.m. until 7 p.m. Monday through Friday; 10 a.m. until 5 p.m. on Saturday; Sunday 11 a.m. until 3 p.m. Commissioner Dubiel asked Mr. Sadoff for the Board to see the photos of existing stores. Chairman Kanelos said the packet received for this request is Exhibit A 10- ZP-28. The photos are being entered as Exhibit B 10-ZP-28. He also had a question for Mr. Sadoff. Why do you feel this is necessary for the public convenience at this location? Mr. Sadoff answered with the current economic climate, people are struggling. He feels they are the leader in the precious metals buying industry. They don’t have a location in this major hub area. He went on to describe more about the business. Chairman Kanelos asked for the closest location for one of his stores. Mr. Sadoff said Morton Grove at Dempster and Waukegan. They find people like to stay close to home. Wherever there is a Wal-Mart or Target, that is where the people want to be. They do a density study. They aren’t as dense as Walgreens or Wal-Mart but in Chicago there are 50 plus stores. Their average customer is 35 to 50 years old; 70% are female, 30% male. The business is getting very competitive, especially as the price of gold goes up. A few years ago, stores turned their noses up at this business. Now they have jumped on the bandwagon, especially corporate owned stores like Jared’s, Page 6 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 2010 Kay Jewelers, JB Robinson’s, etc. They used to not get involved with it. Now they all do it. Commissioner Dubiel said let me understand the process. Mr. Sadoff said there are preset buy sheets in $10 increments based on the price of gold. They pay 50 to 60% of that going price. When they turn around and sell it they get about 80%. They work on a modest, fair market. It depends on the kind of item. Coins are easier to sell and there is less they have to do to turn them over. Commissioner Dubiel said let’s say you give him a price. Is he under obligation or can he go to a competitor? Mr. Sadoff said there is no haggle – no pressure. The employees are not on commission so there is no pushing. Their prices are close to the competition. Commissioner Dubiel asked how long they hold gold at the location. Mr. Sadoff said at the end of the day, the employees leave, take their packets to either a UPS store or a FedEx office store to ship it out immediately. They don’t want the employees to have the items for too long of a time and they don’t want it sitting at the store. If you need to look at it during the 21 day holding period, we would bring it back to the location. No police departments have had a problem with this. Personally he thinks it is safer to store it at the main office. Chairman Kanelos asked Mr. Ostman if there are jewelry stores in the Village of Niles buying gold. Mr. Ostman said yes, there are jewelry stores in Niles doing this but it is not there primary business. Commissioner Troiani asked if Mr. Sadoff is aware this Board is a recommending Board to the Board of Trustees and that he has to appear before them also. He said yes. Chairman Kanelos asked if there were any other questions from the Commissioners or the audience. There were none. At this time he entertained a motion. Page 7 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 6, 2010 Vice-Chairman Dimond moved in reference to 10-ZP-28 - Jacob Sadoff, owner, 300 N. Martingale Rd., Suite #200, Schaumburg, IL 60173 - requesting approval of a Special Use to Appendix B, Section VIII (B)(3)(ff) to operate a precious metal dealer facility located at 8504 W. Golf Rd., #B, Niles, IL 60714 be granted for the operation of this facility with several conditions attached. The business has to hold all precious metals for 21 days either at this location or their central location. During this period they have to allow the police department to inspect any precious metals from their Niles store. No free standing signs shall be allowed outside the business and only one interior sign inside the business. The Board makes the findings that this store is necessary for the public convenience of the people in Niles, given its location; and that it is located and designed to be operated so the public health, safety and welfare will be protected and it will not cause any substantial injury to the value of the property in the neighborhood in which it is located. Seconded by Commissioner Dubiel with a friendly amendment. If the police desire to view the held jewelry in regard to a crime, the jewelry should be returned to the Niles store or the police department for police convenience. On roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Schulter, Dubiel NAYS: 1 Kanelos ABSENT: 1 Nakanishi There being five (5) affirmative votes the motion carried. Chairman Kanelos made a motion to adjourn the meeting. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Troiani, Schulter, Dubiel NAYS: 0 ABSENT: 1 Nakanishi There being six (6) affirmative votes the motion carried. The meeting adjourned at 7:32 p.m. Kathleen Janessa, Recording Secretary Page 8 of 8