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 6, 2011 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 Richard Wlodarski, Assistant Director of Community Development. Chairman Kanelos asked if there were any questions, clarifications or corrections to the minutes of May 2, 2011. There were none. Commissioner Dubiel moved to approve the May 2, 2011 minutes. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos, NAYS: 0 There being seven (7) affirmative votes the motion carried. OLD BUSINESS None NEW BUSINESS 11-ZP-08 Stan Weisbrod, Principal Starbucks Coffee Co. 550 W. Washington Blvd., Suite 200 Chicago, IL 60661 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) for a full service restaurant with a drive thru and to Appendix B Section X (B)(10)(q) for a parking variation of a total of 15 spaces [corrected to 6 spaces] or 17% at 7161 N. Milwaukee Ave., Niles, IL 60714. 11-ZP-09 Sang Tae Park 1043 Terrace Lane Glenview, IL 60025 Page 1 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Requesting approval of a Special Use to Appendix B Section VIII (B) (3)(z) for a full service restaurant and to Appendix B Section X (B)(10) (q) for a 9% parking variation at 9626 N. Milwaukee Ave., Niles, IL 60714. 11-ZP-10 Atul Karkhanis, President of Atul Karkhanis Arch, Ltd. 2514 W. Peterson Ave. Chicago, IL 60659 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) for a full service restaurant and food carryout store and to Appendix B Section X (B)(10)(q) for a parking variation of a total of 48 spaces [corrected to 40 spaces] or 39% at 8610 W. Golf Road, Niles, IL 60714. Chairman Kanelos called for the first item on the agenda. 11-ZP-08 Stan Weisbrod, Principal Starbucks Coffee Co. 550 W. Washington Blvd., Suite 200 Chicago, IL 60661 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) for a full service restaurant with a drive thru and to Appendix B Section X (B)(10)(q) for a parking variation of a total of 15 spaces [corrected to 6 spaces] or 17% at 7161 N. Milwaukee Ave., Niles, IL 60714. Richard Wlodarski stepped to the podium. Legal notice for all three cases tonight was published on May 19, 2011 in The Bugle Newspaper and letters were mailed out to all properties located within 250 ft. of the subject property. This is case 11-ZP-08. Subject property 7161 N. Milwaukee Ave. The Fountain Plaza strip center where the proposed Starbucks is to be located was constructed in 2009 and 2010. Starbucks would be the first tenant to occupy space in this new strip center. As the center is today, 32 parking spaces are required to meet zoning requirements as it refers to parking. The center has 35 spaces. Starbucks is taking 1,600 sq. ft. and will have 24 seats which will require 15 parking spaces per the zoning code. With that, a 17% parking variation needs to be granted to allow this Special Use to be approved. The Community Development Department has reviewed this request and has no objections and this Board is a recommending Board to the Board of Trustees on this matter. Page 2 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Wlodarski. Commissioner Dubiel requested that the packet be read in as Exhibit I for 11- ZP-08. The question is: the second segment for Appendix B Section X is written “for a parking variation for a total of 15 spaces or 17%” – the variation is 15 spaces? Mr. Wlodarski replied the 15 spaces is what is required for just the Starbucks business for the amount of seating they are going to have. They look at the center as a whole [nothing is in the center right now] so all the remaining square footage is looked upon as retail space which is 1 per 250 sq. ft. The remaining square footage along with the 15 parking spaces they will need exceeds the 35 that are out there; hence the 17% parking variation. He calculated 26 parking places required for the rest of the mall. Add the 15 spaces to that and you are at 41 – that would be the 17% parking variation. Commissioner Dubiel said then it is a net 6 spaces. So the request should read for a total of 6 spaces or 17%. There were no other questions for Mr. Wlodarski. Chairman Kanelos called the petitioners to the podium. Stan Weisbrod, Principal [architect of record], Starbucks Coffee Co., 550 W. Washington Blvd., Suite 200, Chicago, IL 60661; John Bell, Store Development Manager, Starbucks Coffee Co., 550 W. Washington Blvd., Suite 200, Chicago, IL 60661; Tom Mulhall, Construction Manager, Starbucks Coffee Co., 550 W. Washington Blvd., Suite 200, Chicago, IL 60661 [residence McHenry, IL 60050]; Jim Kozonis, Developer of the strip center, 1715 Sunset Ln., Bannockburn, IL. Mr. Weisbrod added that it would be between 4 and 6 spaces. This particular site is anticipated to have a majority of drive thru traffic. The location would not require parking at the peak times because most of the traffic will be early in the morning and toward the evening. This is based on their sales projections. They may have more data regarding that. Page 3 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Mr. Bell projected this store will probably do 65% of its business as drive thru only. With the traffic along Milwaukee and Touhy Avenues being over 50,000 cars a day they feel that is where the majority of the business will come from for this particular store. From a design standpoint, the store is not heavily loaded in café seating. It is a long, narrow space with 2 entrances – 1 on the back side and 1 on the front side. To say it is a restaurant is kind of a stretch because they are more about coffee than food sales but it is part of the business. The location would be the only drive thru Starbucks in the area. The Park Ridge store and the Central/Touhy store [in Niles] are café only. Commissioner Schulter asked if the building has to be changed to accommodate the drive thru. Mr. Bell said the window location may get altered. That would be the only modification and it has to do with the queuing of where the menu board is and where the order is actually picked up. They require a minimum of 5 car stacking from where the order is picked up to where the menu board is located. Commissioner Schulter then asked if there would be a Wi-Fi spot for customers. Mr. Bell answered absolutely. All their stores have Wi-Fi for customers. Vice-Chairman Dimond asked if Wi-Fi would be available in the parking lot. Mr. Bell said if the signal was strong enough. That is not really the intent. Mr. Mulhall said the Wi-Fi is considered proprietary. When the building is constructed, contractors come in and actually fine tune the range of the Wi-Fi service. Their strategy is to not have it exceed the property line. They usually try to include an outdoor patio area if there is one but they don’t try to extend the frequency into the parking lot. Vice-Chairman Diamond then asked about pedestrian safety around the building. The drawing looks like there might be a white stop bar. How will that operate? People walking near the parking lot entrance will have to walk across the drive thru line to get to the door. Page 4 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Mr. Mulhall said there is usually a sign that says “thank you for your patronage”, then a stop sign, then a white line that cars have to stop at before entering into the main part of the parking lot. Commissioner Surace said it looks like you are beta testing this particular location. You are known for Wi-Fi and people sitting down and this area is so heavily traversed along Milwaukee Avenue. Is this a test store? Mr. Bell answered no. It is not uncommon for drive thrus in a suburban location to experience a higher than normal sales volume because of the drive thru. It is a fairly common thing for drive thru suburban locations to experience substantially more sales volume because of the drive thru. Because of the location and amount of traffic at this site, it is not a Beta test for them. They have seen from other stores that this is going to be a very good location. It will be pedestrian friendly and the inside will have a nice café feel to it. It is not atypical for a Starbucks. Commissioner Surace added many salesmen are looking for places to go. They gather and get meetings going and kind of linger. That being the only restaurant around the area until much farther north would make it a real gathering spot just by its location. Mr. Bell feels it will serve both. There are a lot of condominiums around the area; there is some pedestrian traffic but not a lot. If you look at the store at Touhy and Central where there is a couple million square feet of retail space, people tend to go there and stay for a long time. It is a different scenario. This is going to cater to those who want to get in and get out; not have to go inside or leave the kids in the car. Commissioner Schulter asked if Starbucks will be the first tenant in this building. Mr. Bell said you could say CVS was the first tenant of this center because it is all kind of the same development. But Starbucks will be the first tenant in this particular building. Hopefully being there will create a vibrant atmosphere for the center. Starbucks will be an asset for the community and help the project get leased out. Commissioner Dubiel said Mr. Bell mentioned other drive thrus like this one. Page 5 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 So there are some historical numbers regarding customers and traffic. Given this square footage and layout, what is the number of vehicles you expect on a daily basis. And what is the number of people you expect to come in and stay at the café. Mr. Mulhall said for example, in Wheeling there is a drive thru only location. There is no place to sit down. They try to create the same café experience in all of their stores. With the drive thru, they add that component to the community. Mr. Bell said approximately 3,000 cars per week for 7 days. Commissioner Dubiel said that would be about 400 to 450 per day. Of that you said 65% is drive thru and 35% sit down. Let’s say 160 walk in. How many of those stay? Mr. Bell said one half. Commissioner Dubiel said so 80 people per day. What is their policy on employees? Are they allowed to park in Starbucks parking lot? Mr. Mulhall said there will be designated parking for employees. They typically have them park as far away from the buildings as possible so as not to interfere with the customers. Commissioner Dubiel asked again the number of spaces needed to work. Mr. Mulhall stated 15. Commissioner Dubiel said of those 15, 4 to 5 will be used by their employees. So with 10 spots left for 80 customers, you don’t think that puts a lot of pressure on that particular corner? Mr. Mulhall said you have to look at the time periods when the peaks are. For this location, they think that will be early morning hours. A lot of the parking spaces will not be used early morning. And with other retailers that may come into the building, they feel the parking will be compatible. Although the CVS parking lot is separate, it’s still part of the same. They are in a shared parking lot that provides a lot of parking. Page 6 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Mr. Wlodarski said technically and legally they are 2 separate lots but that’s not to say if someone goes to CVS they can’t walk over and get a cup of coffee. It is not going to be policed. But if CVS were to complain and it became an issue they could put up tow signs. The owner could possibly explain if they can arrange a cross parking agreement with CVS. As it stands today there is no agreement. Commissioner Dubiel said that would be terrific to know. He then reiterated his concerns to Mr. Kozonis, the developer of the property. Is there any agreement with CVS to be able to use some of their parking? Mr. Kozonis said no, there is no agreement. But the parking is laid out so that it can be used by both CVS & Starbucks. If you look at the parking south area, the line shown is only for the plat of survey [on the overhead] or finance purposes. It doesn’t mean that parking cannot be used for a car south of that line. Commissioner Dubiel asked if CVS could come to him and say this is our lot; we are leasing the entire space. Mr. Kozonis said they have a relationship with CVS. He does the maintenance on the whole thing right now, i.e. landscaping, snowplowing, etc. It is treated as one property. But for financing purposes and leasing purposes there has to be a line. Commissioner Dubiel asked if anyone is interested in leasing the 6,400 sq. ft. left over. Mr. Kozonis said there was a medical group who looked at it. They use very little parking because they see one customer at a time. Chairman Kanelos said the location on Touhy Ave. is a much busier location. Do you see when you have a destination location like that you may have more people going there and staying there? You have data on the different types of buildings you have, whether it is destination or drive thru. Are we sort of comparing apples and oranges? Mr. Bell said yes. Commissioner Dubiel said he would like to see this work and be successful; Page 7 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 he is concerned about 400 cars coming in through the course of the day [5:00 a.m. until 10:00 p.m.] especially during the peak of 6:30 a.m. to 9:30 a.m. Mr. Mulhall said 50% of the business happens during that time period. During that peak time 65% of those customers come through the drive thru. At peak times it can get into 85% to 95% of commuter customers who have no desire to come into the café. They get their coffee and get to work. Starbucks mission is to run the drive thru as efficiently as possible. The café traffic is seen early afternoon and then after dinner hour. Commissioner Dubiel said Starbucks probably figures northbound Milwaukee Ave. traffic to be the main draw; or eastbound Touhy. Do other locations show the same type of traffic pattern? Mr. Mulhall said if the access into the site is good [which it is], once they get in, finding the drive thru lane and maneuvering into the lane is usually not a problem. Where they have problems with sites is where you can see it but you can’t get to it. Some have medians and access issues with co-tenants. We feel this situation has good access in and out. Chairman Kanelos asked Mr. Kozonis what the typical business hours would be at his other sites for retail and medical tenants. Mr. Kozonis replied medical would come after 9:30 a.m.; retail 9:30 a.m. to 10:00 a.m. Commissioner Schulter asked where the closest Starbucks is with a drive thru. Mr. Bell said at the Skokie Swift station on Dempster St. in Skokie. Commissioner Dubiel asked where does the snow get piled. Mr. Kozonis said to landscape areas not used. There is an area along Touhy next to the sign. Chairman Kanelos asked if there were any other questions from the Commissioners or the public. There were none. He then entertained a motion. Page 8 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Vice-Chairman Dimond moved that 11-ZP-08 - Stan Weisbrod, Principal, Starbucks Coffee Co., 550 W. Washington Blvd., Suite 200, Chicago, IL 60661 requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) for a full service restaurant with a drive thru and to Appendix B Section X (B)(10)(q) for a parking variation of a total of 15 spaces [corrected to 6 spaces] or 17% at 7161 N. Milwaukee Ave., Niles, IL 60714 be approved. That means it would be 6 spaces short for the entire lot if the Board took the rest of the square footage of the building into account. Does that sound correct Mr. Wlodarski? Mr. Wlodarski said correct but the Board may wish to add the condition that this variation goes along with this business only. Vice-Chairman Dimond also said part of her motion would move that this variation goes along with this business only and also request that the findings of this Special Use is necessary for the public convenience at that location and that it is designed, located and proposed to be operated so that the public health, safety and welfare will be protected and it will not cause any substantial injury to the value of the other property in the neighborhood in which it is located. Seconded by Commissioner Nakanishi. Commissioner Dubiel wanted clarification if Vice-Chairman Dimond moved that there will be a total of 6 spaces or 17%. Vice-Chairman Dimond said she wanted to clarify how many spaces it was short of what should be required for this business. On roll call the vote was: AYES: 5 Dimond, Surace, Nakanishi, Schulter, Kanelos NAYS: 2 Troiani, Dubiel There being five (5) affirmative votes the motion carried. Chairman Kanelos called for the second item on the agenda. 11-ZP-09 Sang Tae Park 1043 Terrace Lane Glenview, IL 60025 Requesting approval of a Special Use to Appendix B Section VIII (B) Page 9 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 (3)(z) for a full service restaurant and to Appendix B Section X(B)(10) (q) for a 9% parking variation at 9626 N. Milwaukee Ave., Niles, IL 60714. Mr. Wlodarski stated this is case 11-ZP-09. Subject property 9626 N. Milwaukee Ave. The new proposed Yumi Japanese Restaurant will be open after 5 p.m. and is strictly a sit down restaurant with no carry out service. They are proposing 44 seats but with no carry out service they only require 24 parking spaces per the zoning ordinance. As the center is today there are 87 parking spaces; with the proposed Yumi Japanese Restaurant the required parking spaces would be 95; that would create a 9% parking variation. When Tacos del Norte was in business there was never a parking issue. This proposed restaurant requires one less parking space. The hours of operation are evening only, which is the opposite of the beauty salon at the center. The Community Development Department has reviewed this request and has no objections except to include the following conditions: the parking variation shall only apply to the shopping center as long as the Special Use is still active for this particular Yumi Japanese Restaurant for which it was granted. Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Wlodarski. Vice-Chairman Dimond recalled the Board recently approved a parking variance for another business just south of there. Is there shared parking between that new restaurant and this new restaurant? Mr. Wlodarski said yes, The Firehouse. Not the same property but close by. The parking is not shared. That Special Use was only for the restaurant. There was no parking variation required on that. Commissioner Dubiel asked the packet received be read into the record as Exhibit I. Chairman Kanelos asked if there were any other questions for Mr. Wlodarski from the Commissioners or from the public. There were none. He then called for the petitioner to come forward. Sang Tae Park, 1043 Terrace Lane, Glenview, IL 60025 and Robert Kim of the same address stepped forward and were sworn in. Page 10 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Chairman Kanelos asked if there were questions for the petitioners from the Commissioners. Commissioner Troiani asked if they realized the parking is tight. Mr. Kim said there would be 5 employees. That would be about 4 cars. Not at the same time. Some are part time. 2 people would be there full time. The other 2 are part time arriving after 8:00 p.m. until 10:00 p.m. For 3 hours there will be 4 cars there. Commissioner Troiani asked where they planned to park those cars. There are 2 or 3 parking spaces facing Greenwood and the rest facing Milwaukee Ave. Mr. Kim said the hair salon will close at 7:30 p.m. Monday thru Friday and CVS says okay. Commissioner Dubiel asked if they had a parking agreement in place with CVS and how many spots would that be. Mr. Kim said they would allow 87 spots. It is a 24 hour CVS and they have a written agreement in place for parking. Mr. Wlodarski clarified that unlike the last case, CVS actually owns the center. The restaurant could not go in without CVS approval since they are the leaseholder for the whole property. Vice-Chairman Dimond wanted to clarify there is another business in the center that closes at 8:00 p.m. Mr. Kim said the beauty salon closes at 7:30 p.m. The restaurant opens at 5:00 p.m. so for 2-1/2 hours they are both open. The restaurant is open from 5:00 p.m. until 2:00 a.m. Chairman Kanelos asked if this is primarily a drinking establishment with food or a food establishment with a liquor license. Mr. Kim said it is a full service restaurant. Chairman Kanelos asked if there were any other questions from the Page 11 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Commissioners or the public. Commissioner Nakanishi commended the petitioners for the very impressive package that was submitted. Included was their business plan and resume from the chef. She said she never saw anything like it – very nice. At this time Chairman Kanelos entertained a motion. There were no comments from the public. Commissioner Dubiel moved to approve 11-ZP-09 - Sang Tae Park, 1043 Terrace Lane, Glenview, IL 60025 - requesting approval of a Special Use to Appendix B Section VIII (B) (3)(z) for a full service restaurant and to Appendix B Section X (B)(10) (q) for a 9% parking variation at 9626 N. Milwaukee Ave., Niles, IL 60714 with the clear condition this variation belongs only to this particular restaurant as long as the Special Use is in place. And also it meets the standards set forth in the zoning code H 4 a, b and c. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 1 Troiani There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the final item on the agenda. 11-ZP-10 Atul Karkhanis, President of Atul Karkhanis Arch, Ltd. 2514 W. Peterson Ave. Chicago, IL 60659 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) for a full service restaurant and food carryout store and to Appendix B Section X (B)(10)(q) for a parking variation of a total of 48 spaces [corrected to 40 spaces] or 39% at 8610 W. Golf Road,, Niles, IL 60714. Mr. Wlodarski said this is case 11-ZP-10. Subject property 8610 W. Golf Road. The proposed Baja Fresh will be located in the Shops on Golf strip center. The 2,000 sq. ft. space was previously occupied by Coldwell-Banker, which went out of business in August 2010. It has been vacant since then. Baja Fresh is proposing 40 seats which equates to 25 parking spaces per the zoning ordinance. As the center is today, there are 124 actual spaces. With Page 12 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 the addition of 25 required by Baja Fresh, that makes 172 required parking spaces. This differential requires a 39% parking variation. With the amount of the variation as large as it was, the Village felt a parking study to support this would be beneficial. Gewalt-Hamilton was hired to perform an independent parking study. Per the zoning ordinance Appendix B Section X (B)(10)(nn) credits can be given by the Village Board if it can be demonstrated by the data and supporting information that there will be no parking deficiencies. Gewalt-Hamilton’s report demonstrates there will be no sufficient parking deficiencies for the proposed Baja Fresh. The Community Development Department has reviewed this request and has no objections except to include the following condition: parking variation shall apply to the shopping center for the Special Use for Baja Fresh as long as they are still in business. This Board is a recommending Board to Board of Trustees. Chairman Kanelos asked if there were any questions for Mr. Wlodarski. Commissioner Troiani asked if there was any variance on that section in the past for existing stores. Mr. Wlodarski said there was a parking variation granted for Papa John’s within the last year. That was included in this variation. The whole center is looked at as it sits today. Commissioner Dubiel said so you look at it cumulatively with all the previous variations and when Gewalt-Hamilton came out they didn’t have any concerns. Mr. Wlodarski does not have the report in front of him but they did break it down when Assi Plaza came in front of the Board. They broke down an hour by hour study which the Village asked them to do because of the concerns. In doing so their findings were in support of that and there would not be any parking concerns. Commissioner Dubiel states the packet shows 172 spaces required as calculated by the Village code. Gewalt-Hamilton’s study contradicts that, correct? Mr. Wlodarski said yes. Page 13 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Commissioner Dubiel asked if the Zoning Code needs to be looked at because the Board is demanding too many. This is a unique circumstance at this particular business. It seems the Board has been approving a lot of parking variances. Mr. Wlodarski said it is something that has been talked about. The Zoning Ordinance is rather old. The department keeps notes on all these properties. Because the variation is so large they did feel the parking study was necessary. You have to look at the makeup of some of these businesses. The Vitamin Shoppe takes up a decent amount of square footage but really does not take a lot of demand at this shopping center. Is it a large variation to grant? Yes. Commissioner Dubiel said going through the findings the busiest demand from 11:00 a.m. until 1:00 p.m., this parking demand exceeds the supply by 16 spaces or 13%. How many restaurants are in this center? Mr. Wlodarski said Quiznos and Papa John’s, the latter being strictly a carry out. Commissioner Dubiel asked if the parking study could be entered as Exhibit A. In the second point this appears to be offset by a reduction by 10 to 15%. They are talking about gross percentages, correct? Because this nets out to zero. There was talk back and forth about offsetting and percentages. Commissioner Dubiel asked if Gewalt-Hamilton could make these numbers more clear in the future. There were no more questions for Mr. Wlodarski from the Board or the public. Chairman Kanelos called for the petitioner. Ani Tipnis, representing Atul Karkhanis Architects, Ltd., 2514 W. Peterson Ave., Chicago, IL 60659 and Jignesh Patel, franchisee, 1785 W. Algonquin, Mt. Prospect, IL 60056 stepped to the podium and were sworn in. Page 14 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 Mr. Tipnis stated the restaurant is designed for 40 seats [correction from original 48]. The parking area would be used during peak hours of 11:00 a.m. until 1:00 p.m. The other peak hours are during the evening between 6:00 p.m. and 8:30 p.m. Commissioner Troiani asked if they planned to have carry out positions only. Mr. Tipnis answered no. Commissioner Troiani asked how much carry out business do they think they will have at this store. Mr. Patel said 35% to 40% carry out during heavy lunch hours. Chairman Kanelos asked if there were more questions for the petitioners from the Board or the public. There were none. At this time he entertained a motion. Commissioner Dubiel moved that they approve 11-ZP-10 - Atul Karkhanis, President of Atul Karkhanis Arch, Ltd., 2514 W. Peterson Ave., Chicago, IL 60659 - requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) for a full service restaurant and food carryout store and to Appendix B Section X (B)(10)(q) for a parking variation of a total of 48 spaces [corrected to 40 spaces] or 39% at 8610 W. Golf Road,, Niles, IL 60714 with the following condition: parking variation shall only apply to this shopping center as long as the Special Use is still active for the Baja Fresh restaurant for which it was granted. Also noted it meets the standard set forth in the Zoning Code H 4 a,b & c. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 1 Troiani There being six (6) affirmative votes the motion carried. 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, Troiani, Nakanishi, Schulter, Dubiel, Kanelos. NAYS: 0 Page 15 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 6, 2011 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:05 p.m. Kathleen Janessa, Recording Secretary Page 16 of 16