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 12, 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 and a moment of silence in honor of those who perished on September 11, 2001. Present along with Chairman Thomas Kanelos was Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi and Robert Schulter. Also present was Charles Ostman, Director of Community Development. Absent was Commissioner Morgan Dubiel. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of August 1, 2011. There were none. Commissioner Nakanishi moved to approve the August 1, 2011 minutes. Seconded by Commissioner Surace, on roll call the vote was: AYES: 5 Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSTAIN: 1 Dimond ABSENT: 1 Dubiel There being five (5) affirmative votes the motion carried. OLD BUSINESS None NEW BUSINESS 11-ZP-13 Ms. Nancy Tran, CEO Body and Mind Sense, Inc. 9114 Barberry Lane Des Plaines, IL 60016 Requesting approval of a Special Use to Section VIII (B)(3)(l) to operate a physical culture, health services & masseurs at 259 Golf Mill Center, Niles, IL 60714. 11-ZP-14 Atul Karkhanis, President Atul Karkhanis Arch Ltd. 2514 W. Peterson Ave. Chicago, IL 60659 Page 1 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 Requesting approval of a Special Use VIII (B)(3)(z) to expand a full service restaurant at 8265 W. Golf Rd., Niles, IL 60714. 11-ZP-15 Paul Serota, Practice Manager Midwest Vein Center 2001 Butterfield Rd., Suite #100 Downers Grove, IL 60515 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(nn) for a medical clinic and to Appendix B Section X (B)(10)(y) for a parking variation of a total of 13 spaces or 15% at 7177 N. Milwaukee Ave., Niles, IL 60714. Chairman Kanelos called for first item on the agenda. 11-ZP-13 Ms. Nancy Tran, CEO Body and Mind Sense, Inc. 9114 Barberry Lane Des Plaines, IL 60016 Requesting approval of a Special Use to Section VIII (B)(3)(l) to operate a physical culture, health services & masseurs at 259 Golf Mill Center, Niles, IL 60714. Charles Ostman stepped to the podium. This is case 11-ZP-13. Legal notice was published in The Bugle Newspaper on August 25, 2011. The proposed Just Relax facility would like to lease 2,615 sq. ft. located at 259 Golf Mill Center. Just Relax presently has two (2) combined kiosk spaces in Golf Mill and has been in business in that location for over three (3) years. They started offering a Chinese service not realizing that the service required a Special Use approval. The Chinese To Na service was then stopped. The owner was debating on applying for a Special Use and in many meetings with the Community Development Department it was decided this type of business may be better suited located within an in-line store instead of the middle of the mall. Once a space became available, the owner is now proceeding with an application for a Special Use which you have in front of you this evening. Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Ostman. There were none. Nor were there any questions from the public for Mr. Ostman. The petitioner, Nancy Tran, was Page 2 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 not present. However, the Senior General Manager of Golf Mill Center was in attendance. Michael Williams, Senior General Manager, 239 Golf Mill Center, Niles, IL stepped forward and was sworn in. He explained Mrs. Tran’s husband had a stroke a few weeks ago. He said Mrs. Tran has been a good tenant and been in the mall for over three (3) years. Seniors and people with disabilities utilize her services. Currently her site is about 10’ x 10’ and by going in-line she will have approximately 2,000 sq. ft. She can add more product lines to create more sales revenue. He thinks it is a good move to help make her business more presentable. It is a need for the mall and she is a good business person. Commissioner Nakanishi asked if the people providing the services are required to have a license from the State of Illinois. Mr. Williams said he was not sure. Mr. Ostman answered the Department is reviewing all the businesses in Niles to make sure they have the proper licenses from the State of Illinois. He does not know for sure which license is required but before a business license is issued the Department checks to make sure the establishment and/ or individual has the appropriate license. The Village’s licensing officer is very much informed as to what the regulations are and she is solely responsible for that. Mr. Williams said he did know Mrs. Tran had gone through a class along with a couple of other masseuses she employs. Chairman Kanelos asked Mr. Ostman since the petitioner is an existing tenant does she need to apply for a new business license? Mr. Ostman said the licensing officer has full details on every establishment in the Village of Niles. Mrs. Tran is most likely up to speed on licensing requirements. When she relocates all she has to do is notify the State of Illinois of the relocation and also the Village. Other than that, nothing else is involved. Commissioner Schulter asked if the design inside the actual footprint showing six (6) different tables is going to be open or will there be curtains Page 3 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 between each table. Mr. Williams answered there will be a partition wall. They don’t want curtains to totally block out the space. Chairman Kanelos asked if there were any more questions. There were none. At this time he entertained a motion. Commissioner Nakanishi moved 11-ZP-13 - Mrs. Nancy Tran, CEO, Body and Mind Sense, Inc., 9114 Barberry Lane, Des Plaines, IL 60016 - requesting approval of a Special Use to Section VIII (B)(3)(l) to operate a physical culture, health services & masseurs at 259 Golf Mill Center, Niles, IL 60714 be approved. This Special Use is necessary for the public convenience. The public health, safety and welfare of the public will in no way be jeopardized and that the Special Use will not cause any substantial injury to the value of the other property in the neighborhood in which it is located. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the second item on the agenda. 11-ZP-14 Atul Karkhanis, President Atul Karkhanis Arch Ltd. 2514 W. Peterson Ave. Chicago, IL 60659 Requesting approval of a Special Use VIII (B)(3)(z) to expand a full service restaurant at 8265 W. Golf Rd., Niles, IL 60714. Mr. Ostman presented the case. This is zoning case 11-ZP-14. Legal notice was published on August 25, 2011. The Himalayan Restaurant has been a successful business since 2003 located in the Four Flags Shopping Center. The center is currently 100% occupied. They would like to expand portions of the restaurant and add a room to hold private parties. The tenant to one side of them vacated the space. They want a banquet room in addition to their full service restaurant. They would take the back portion of this vacated space and make that a banquet facility. The Community Development Department was concerned about parking in that center. The one condition Page 4 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 that is recommended [and the applicant has agreed to] is that the party banquet room can only be utilized when the Department of Motor Vehicles is closed. If the owner adheres to this condition, there are no parking issues whatsoever. Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Ostman. There were none. There were no questions from the public either. The petitioner, Atul Karkhanis, Atul Karkhanis Architects, Ltd., 2514 W. Peterson Ave., Chicago, IL 60659 stepped forward and was sworn in. He stated he was there to answer any questions from the Board. He is the applicant; however the owner is also present. They have dealt with the Development Department and had discussions about the restriction and totally agree with it. They hope the Board supports their request. Chairman Kanelos asked if there were any question from the Board. There were none. Nor were there any questions from the public. He did ask that this packet be entered as Exhibit A for 11-ZP-14. With no further questions he entertained a motion. Commissioner Nakanishi moved that 11-ZP-14, Atul Karkhanis, President, Atul Karkhanis Arch Ltd., 2514 W. Peterson Ave., Chicago, IL 60659 - requesting approval of a Special Use VIII (B)(3)(z) to expand a full service restaurant at 8265 W. Golf Rd., Niles, IL 60714 be approved. That this Special Use is necessary for the public convenience; that the public health, safety and welfare of the public will be in no way jeopardized and that the Special Use will not cause any substantial injury to the value of the other property in the neighborhood in which it is located. Also, this Special Use is to be granted subject to the condition that the party banquet room will only be operated when the neighboring DMV is closed. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. Mr. Karkhanis thanked the Board and the staff of the Community Development Department for always working well with him. Page 5 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 Chairman Kanelos stated the packet given for 11-ZP-13 be entered into the record as Exhibit A. He then called for the final item of the evening. 11-ZP-15 Paul Serota, Practice Manager Midwest Vein Center 2001 Butterfield Rd., Suite #100 Downers Grove, IL 60515 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(nn) for a medical clinic and to Appendix B Section X (B)(10)(y) for a parking variation of a total of 13 spaces or 15% at 7177 N. Milwaukee Ave., Niles, IL 60714. Mr. Ostman said this is zoning case 11-ZP-15. Legal notice was published on August 25, 2011. The proposed Midwest Vein Center is to be located in Fountain Plaza which was constructed in 2009/2010. This will be the second tenant. It will occupy two (2) of the five (5) tenant spaces. The recently approved Starbucks occupies one (1) of the five (5) spaces. Midwest Vein Center has taken 3,240 sq. ft. and will have five (5) offices and examining rooms which will require thirteen (13) parking spaces per Zoning Code. Starbucks is leasing 1,600 sq. ft with twenty-four (24) seats which requires fifteen (15) parking spaces. The remaining two (2) tenant spaces totaling 3,162 sq. ft. would require thirteen (13) spaces. The Midwest Vein Center requires a Special Use in a 15% parking variation. The variation granted previously for Starbucks was at 23%. That was done in error. It was calculated incorrectly. Tonight we are looking for a 15% parking variation instead of 23% for that lot. The ordinance, if approved, will reflect a corrected 15% parking variation for the subject property. In researching the actual business operation and meeting with the representative with the Midwest Vein Clinic their actual need is only six (6) to seven (7) parking spaces at the top. Most likely it is less than that. They are well under what the Zoning Code requires for that type of use. The Village is pleased the Midwest Vein Clinic applied for a Special Use for this space and wants to come into Niles. The demand on parking is much less than what the Zoning Code requires. Staff has visited another Midwest Vein Center located in Glenview on several occasions and found the need for only six (6) to seven (7) spaces to be accurate. Staff feels there would be no parking issues should the Special Use and parking variation be approved. Chairman Kanelos asked if there were any questions for Mr. Ostman. Vice-Chairman Dimond asked for clarification of the variation granted for Page 6 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 Starbucks. The Board thought at that time it was 23% but was it actually less than that? Mr. Ostman did not ask his assistant what it came out to be. Doing the variations on zoning is a little different than other variations. He talked to the Finance Director and he would have done it a little bit differently. What the variation should have been he can’t tell the Commissioners right now. Vice-Chairman Dimond asked what it is actually for Starbucks. Mr. Ostman said that is what he cannot answer at this time. The ordinance says 23%. His guess is it should be around 15%. Commissioner Troiani asked how many people will be working at the Vein Clinic every day. Mr. Ostman said he would let the petitioner answer that question. Chairman Kanelos asked if there were any more questions for Mr. Ostman. There were none. Any questions from the audience? There were none. At this time he called the petitioner to the podium. Paul Serota, Practice Manager, Midwest Vein Center, 2001 Butterfield Rd., Suite #100, Downers Grove, IL 60515 stepped up and was sworn in. He added they are a highly specialized clinic treating varicose veins. There are four different procedures: an initial office visit, a follow-up visit, and two (2) types of techniques – laser and sclerotherapy. Because they only offer these four procedures they are very precise in how the patients are scheduled. There are three (3) full time employees: a physician and two (2) medical assistants from 8:00 a.m. or 9:00 a.m. until 5:00 p.m. There is no additional office staff. All the administrative work is done at the Downers Grove location. If you call for an appointment you are actually calling Downers Grove where they have centralized phones, centralized billing, centralized insurance capabilities. All the administrative work is operated out of the office complex. This new location will be their fourth office so they found it more efficient to concentrate the administration in one (1) location. And they attract physicians with interest in a 9 to 5 job with no emergency calls and no weekend hours. It is pretty attractive. As one (1) patient is being treated, another arrives and is shown to an examining room; the first patient is finished and the doctor moves over to the next exam room. That is how the Page 7 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 day goes – anywhere from five (5) to ten (10) patients a day. Looking at a staff of three (3) with three (3) cars for them, at most there would be two (2) patients, maybe three (3) if someone comes early. It is not a typical practice. If you walked into the waiting room you would probably see there is no one waiting. They pride themselves on the fact if you have a 10:00 appointment, you will see a doctor at 10:00. Your appointment is over at 11:00 and you are on your way back to work. Chairman Kanelos asked what the hours are again. Mr. Serota said probably 9 to 5 depending on how busy it gets, then maybe 8 to 5. Commissioner Surace said although it is a minor medical procedure would an ambulance be able to get in there in case of emergency. Mr. Serota said they have never had the need to call an ambulance. The incision needed to insert the catheter from the laser is the same diameter as if you were getting an injection. Very small, not stitched – it only needs pressure and a Band-Aid to heal. All the laser does is heat the veins so they shrink. He has been with the practice over two (2) years they have never had an emergency. Commissioner Schulter asked if there were going to be x-rays. Mr. Serota said no, all this is guided by ultrasound, similar to a machine used for a pregnancy. It has a different head on the machine so it detects veins instead of a baby. Vice-Chairman Dimond asked if they had a Certificate of Need from the Illinois Health Facility Planning Board for this. Mr. Serota said he is not familiar with that. Mr. Ostman said that would be covered when the Village issues the business license. They will make sure all the necessary licenses are in place beforehand. Commission Nakanishi commented to Mr. Serota that Midwest Vein Center picked a great location. Page 8 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 Mr. Serota thanked her and said they are excited to be opening there. Chairman Kanelos asked if there were any questions from the public. There were none. At this time he entertained a motion. Commissioner Nakanishi moved that petition 11-ZP-15 – submitted by J. Gordon Wright, M.D., owner of Midwest Vein Center, represented by Paul Serota, 2001 Butterfield Rd., Suite #100, Downers Grove, IL 60515 – requesting approval of a Special Use to Appendix B Section VIII (B)(3)(nn) for a medical clinic and to Appendix B Section X (B)(10)(y) for a parking variation of a total of 13 spaces or 15% at 7177 N. Milwaukee Ave., Niles, IL 60714 be approved. This Special Use is necessary for the public convenience; that the public health, safety and welfare will be in no way jeopardized and that the Special Use will not cause any substantial injury to the value of the other property in the neighborhood in which it is located. This Special Use is to be granted subject to condition that Mr. Ostman will check into whether or not a medical Certificate of Need is necessary. Chairman Kanelos also added Mr. Ostman’s recommendation the parking variation shall only apply to this shopping center as long as the Special Use is still active for the Midwest Vein Center for which it was granted. He asked Commissioner Nakanishi if she would accept that. She stated yes. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. Chairman Kanelos entertained a motion to adjourn. Vice-Chairman Dimond moved to adjourn. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos. NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. The meeting adjourned at 7:35 p.m. Page 9 of 10  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 12, 2011 Kathleen Janessa, Recording Secretary Page 10 of 10