Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:01 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos was Village Attorney Joseph Annunzio, 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. Vice-Chairman Karen Dimond was absent. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of April 2, 2012. There were none. Commissioner Dubiel moved to approve the minutes of April 2, 2012. Seconded by Commissioner Surace, on roll call the vote was: AYES: 5 Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dimond PASS: 1 Dubiel There being five (5) affirmative votes the motion carried. OLD BUSINESS 12-ZP-04 Douglas Pasma, Architect 1601 Sherman Ave. Evanston, Illinois 60201 Requesting an Amendment to Special Use ordinance 2004-41 for expansion of existing use and a variation to Appendix B Section VII (B)(14) to increase the maximum impermeable surface to 75% from the required 60% at 7333 N. Caldwell Ave., Niles, IL 60714, PIN #10-30- 403-025-0000. NEW BUSINESS 12-ZP-12 Andrew Dumovich Delko Construction Co. Inc. 4849 N. Milwaukee Ave. Chicago, IL 60630 Page 1 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Requesting an Amendment to ordinance 2006-27 for a variation to the rear yard setback from 10 feet (10’) to seven feet (7’) at 7007 N. Milwaukee Ave., Niles, IL 60714, PIN #10-31-102-018-0000. 12-ZP-13 Hicham Riba DDS 2556 W. North Ave. Chicago, IL 60647 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(nn) to operate a dental clinic at 5622 W. Touhy Ave., Niles, IL 60714, PIN #10-29-403-027-0000. 12-ZP-14 Larisa Kitaychik, owner 9214 N. Keating Skokie, IL 60076 Requesting an Amendment to Special Use ordinance 2011-28 for a martial arts school located at 8746 N. Shermer Rd., Niles, IL 60714, PIN #10-19-100-098-0000. 12-ZP-15 Patricia Knoll, Director Shure Inc. 5800 W. Touhy Ave. Niles, IL 60714 Requesting an Amendment to Special Use ordinance 2002-55 to include all existing signage for the property at 5800 W. Touhy Ave., Niles, IL 60714, PIN #10-29-403-034-0000. Chairman Kanelos called for the first item of old business on the agenda. 12-ZP-04 Douglas Pasma, Architect 1601 Sherman Ave. Evanston, Illinois 60201 Requesting an Amendment to Special Use ordinance 2004-41 for expansion of existing use and a variation to Appendix B Section VII (B)(14) to increase the maximum impermeable surface to 75% from the required 60% at 7333 N. Caldwell Ave., Niles, IL 60714, PIN #10-30- 403-025-0000. Page 2 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Chairman Kanelos announced the petitioner has officially withdrawn this petition at this time. It was continued a couple of times and now it is withdrawn. Commissioner Troiani moved to officially accept the withdrawal of item 12-ZP-04. Chairman Kanelos stated it has been officially withdrawn. It does not require any action on the Board’s part. Commissioner Troiani disagrees and thinks it should be moved upon. Chairman Kanelos called for the first item of new business. 12-ZP-12 Andrew Dumovich Delko Construction Co. Inc. 4849 N. Milwaukee Ave. Chicago, IL 60630 Requesting an Amendment to ordinance 2006-27 for a variation to the rear yard setback from 10 feet (10’) to seven feet (7’) at 7007 N. Milwaukee Ave., Niles, IL 60714, PIN #10-31-102-018-0000. Charles Ostman, Director of Community Development, presented this case to the Board. [His microphone is not working.] This is zoning commission 12- ZP-12. Legal notice was published in The Bugle on April 12, 2012. Letters were mailed to all property owners within 250 feet of the subject property. There is one correction. The way it is written in the packet is correct. The application (which is a staff error) is incorrect. The application says requesting amendment to Special Use ordinance. It is requesting amendment for a Variation ordinance. [Interruption from the audience at this time because Mr. Ostman is not being heard. At this time he moves to a different microphone.] The property owner is seeking a variation to the 10’ rear yard setback granted in 2006 to be reduced down to 7’. The rear yard setback requirement is 20’. This evening he is asking that it be reduced to 7’ for a portion of the proposed total development. Due to the economy the project was put on hold since 2006. The owner is now proposing to build the center in three [3] phases with the first phase being approximately 7,000 sq. ft. Sherwin-Williams Paint Center is tentatively taking 3,500 sq. ft. and the remaining space will be for lease. Sherwin Williams has a very specific interior store layout. The owner is asking for a variation to encroach on the Page 3 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 rear yard set back from the approved 10’ down to 7’. The lot on which the development is being built is deeper at the north end of the center than the south end. When the remaining portions of the center are constructed they will be the previously approved 10’ rear yard setback. The previous building on the same lot had a zero yard setback. The Board has approved similar variations at the Shops of Niles on Harlem which also backs up to a residential area and was granted a variation to allow them to encroach down to 5’ from the rear property line in 2004. On the overhead he pointed out where the property line is. There is an alley back there that most people don’t realize is an active alley but unimproved. If you look at the back of the homes on Franks Ave. there is an 8’ strip along the back of the rear lots. That strip is an alley that has not been vacated. If it was to be vacated, that 8 ft. strip would go to each homeowner. Chairman Kanelos said to Mr. Ostman, what you are telling us is the rear yard setback they are now requesting is 7’; then there is an additional 8’ of alley. So from the property line of the neighbors it is actually 15’. But it is 7’ from the lot line which is the concern here. Commissioner Schulter asked if the Village plans on vacating that alley to give to the residents. Mr. Ostman said as a policy in the Village of Niles, it is always the residents who request the vacation of an alley. If there was an interest among a lot of the residents who got together to have it vacated, they would contact Public Services and request it be vacated. The Village would then send out a postcard to every property owner along there. If there would be 100% response they want it vacated, they the Village would present an ordinance to the Village Board proposing the vacation of the alley. Commissioner Dubiel said they don’t have the minutes from the 2006 session. Was there a sense there was an 8’ alley there already? Mr. Ostman doesn’t believe it was discussed. Richard Wlodarski, Assistant Director of Community Development, remembers there being an issue of the trash enclosure from a noise standpoint. Page 4 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Commissioner Dubiel read from past notes the following: the trash enclosure shall be on masonry construction set back a minimum of 20’ from the rear property line; a new 6’ privacy fence of one [1] style – which is now changed to vinyl as a recommendation; the final site plan must comply with the master plan for Milwaukee Ave.; there is an IDOT ingress/egress issue which looks like it has been addressed; then the property owner shall provide trash removal up to six [6] days a week if determined necessary. If this was being built along an alley, would that still require a 20’ set back now? Commissioner Schulter said basically if the alley is vacated/abrogated, the property goes to the residents. Then this request is for a 7’ set back. Mr. Ostman said in this property the alley has no part of the equation. [He is away from the microphone and his voice is inaudible.] Commissioner Schulter said he understands that. He wants to make sure if the alley is ever vacated, the 8’ will go to the residents. It will not be divided 4’ and 4’. Mr. Ostman said that is correct. Commissioner Nakanishi asked if the property is vacated to the homeowners, will their tax bills go up. Commissioner Dubiel said as far as the square footage, yes. Commissioner Nakanishi replied before they say this is a good deal, they may want to think about that. Chairman Kanelos asked if there were any more questions for Mr. Ostman from the Board. He then asked, while looking at the overhead, this entire space one and then the other three are proposed to be built, correct? And because the lot is getting wider, the problem seems to be only for the first unit. Once you get north of there they have 10’ and it continues to go further than 10’. Mr. Ostman said yes. Page 5 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Chairman Kanelos said please note the packet given the Board should be listed as Exhibit A for 12-ZP-12. The handout given tonight from Archamerica should be listed as Exhibit B. Commissioner Dubiel wanted to bring to the attention of the Board that they have the original ordinance 2006-27 as passed for this same property. It does two [2] things: reduces the rear yard minimum from 20’ to 10’. It also reduces the parking minimum requirement from 121 spaces to 100 spaces. That is still in place regardless of what the Board decides tonight. Mr. Ostman said correct. There were no other questions from the Commissioners for Mr. Ostman. There were, however, questions from the public. John Fisher, 7046 N. Franks, Niles, IL stepped to the microphone and was sworn in. [This microphone is not in good working order.] He was there for the previous discussion and has concerns regarding drainage. That is his biggest concern. Can the residents see on the site plan what the slope and height of the ground will be for this project? Chairman Kanelos said unfortunately the purview of the Zoning Board does not have that information. That would be an issue for the Building Department and Engineering. Mr. Fisher was advised to look at the plans that are in the possession of the Engineering Department. Mr. Fisher said this is something that needs to be considered and if he is told to go to the Engineering Dept. to look at the plans that would be fine. Chairman Kanelos said he has a sheet in his packet from the Engineering Dept. that says they have no comments or objections to this issue. They still have to address all the engineering issues, which would include drainage, water storage, etc. Right now all they are saying is there is no objection to the rezoning. Commissioner Dubiel asked Mr. Ostman if it is correct that no property can dump water onto another property. Page 6 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Mr. Ostman said yes, the Engineering Dept. makes sure that the water doesn’t affect the adjoining property owners. This is very similar to the Shops on Harlem. They made great accommodations to the rear of that property where there is only a 5’ rear yard. Mr. Fisher appreciates that but right now, current owners of that property are not taking that into consideration because the water is really a problem. He would also like the dividing line and easement shown to him on the overhead projection. Mr. Ostman then pointed on the screen where the property line is along with an alley for a utility easement. Even if the alley were to be vacated, it would still be a utility easement. Chairman Kanelos asked for the picture to be blown up a little so Mr. Fisher can better see the detail. It was then explained that if the Board approves the zoning tonight, the developer still has to go through the permitting process which includes Engineering to make sure they comply with all the required codes. This will be heard by the Board of Trustees on the fourth Tuesday of the month because the Zoning Board is a recommending Board to the Board of Trustees. Mr. Fisher thanked the Commissioners for the information. Victoria Moore, 6824 Harts Rd., Niles, IL stepped forward and was sworn in. She has lived in her home over twenty-six [26] years and has been affected by everything that has happened on said property. [This microphone is not working and her comments are inaudible.] Chairman Kanelos stated let the record show that Vice-Chairman Dimond is now in attendance. There were no other questions from the public for Mr. Ostman. He then called for the petitioner. Matt Haylock, Archamerica, 1800 Nations Drive, Suite 201, Gurnee, IL 60031 stepped forward and was sworn in. He is the architect who speaking on behalf of the petitioner, Andrew Dumovich, who is not present. [It is finally determined the microphone is not working and Mr. Haylock moved to a different spot.] This is phase one of what was originally a single building. It was over 400’ long before. The back of the building ran parallel Page 7 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 with the property line. It was about 11’ all the way across the back. Now they are proposing to build the first phase of the project. The reason it works now is there is a tenant in Sherwin Williams. They are taking about one half of the new building and that is driving the project to get started. Unfortunately when they get to the south end of the property [which is where Sherwin Williams wants to locate] the property is at its narrowest point. Therefore they are asking for the back corner to be clipped a little. About 88’ of the building will be over what was approved as a 10’ set back. It will go from a 7’ set back to the full 10’ here [he is pointing on the overhead during his explanation] and then it will become about 11’. When the next phase is built, they will probably step it and then step it again rather than having a flat façade on the back. It will make it a little bit more interesting. There will be fifty [50] parking stalls. This is identical to what was already approved. The trash area stays the same with landscaping around the property also. The fence in the back is proposed to be 6’ high board on board. It is a residential style and you cannot see through it. The sidewalk in the back is only for service. Loading for Sherwin Williams is at the south end. Commissioner Dubiel asked why this encroachment is necessary. Mr. Haylock said the storage area for Sherwin Williams is already tight. They are asking for the additional 3’ to accommodate the tenant. Commissioner Dubeil asked what is preventing from moving the building over a foot or three to the west or north. Mr. Haylock said they are required by the Zoning ordinance to maintain a landscape buffer along the parking. They are at the minimum width for that. The parking stalls are also at the minimum width. They could take some space out of the sidewalk but they want to maintain a covered sidewalk area. They would have to move the building quite a bit to pick up anything. He is demonstrating on the overhead where he gets the 10’. Chairman Kanelos tried to paraphrase that the architect refigured the space to accommodate Sherwin Williams. Why can’t he just go wider north and south and narrower east and west? Mr. Haylock said they could if they were to ask Sherwin Williams to redesign their store. It takes several months to get through a corporation like that to Page 8 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 get these plans approved. They worked with their design department to come up with this unique footprint for them. Commissioner Dubiel asked if they could maintain that footprint, take Sherwin Williams from the corner and make it spaces 4, 5 and 6. Then you would meet their space requirements. Mr. Haylock said Sherwin Williams wants the corner for the exposure. That’s the reason this project got kick started: because they wanted a corner unit. This is also the end that has the loading area. They need to back up a semi in here [pointing to overhead] to unload. They can’t do that at the other end. Commissioner Dubiel said that seems tight. Why not get rid of space 4 and make the loading area bigger? Mr. Haylock said if you eliminate 20% of the leasable space then the project won’t work financially. They are trying to get this going so they can finish the rest of the development. Sherwin Williams' drawings are done. The developers are also done for the most part. If the developer had to adjust it then Sherwin Williams would have to redesign their store. Commissioner Dubiel said you just told us that economically this is not viable. But you just said Sherwin Williams is doing their own build out. So economically Sherwin Williams is absorbing the cost of construction. Chairman Kanelos said he thinks Mr. Haylock is trying to say Sherwin Williams may not be interested in going in here if they can’t get it the way they want. At that point the Chairman had to swear in another person representing the petitioner. Lee Winter, Vice-President of Development, Mega Development, stepped forward and was sworn in. Sherwin Williams is handling the construction of the interior of the store; Mega is handling the shell construction. Commissioner Dubiel said you have a constraint. It is the size of the square footage, 7,112, and the shape of the Sherwin Williams store, correct? His point is you can stay within your lot line by bumping this over. You’ll lose a tenant space but you will still give them 7,112 sq. ft. Page 9 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Lee Winter said that is an issue. This project was halted for a reason. To lose 1,000 sq. ft. on a small project like this could be the death of it. If the tenants for the entire project were all in place at one time, they would build the entire thing. But to lose that one tenant in the first phase affects them adversely. Commissioner Troiani asked Mr. Haylock if he was aware at the last meeting regarding this property in 2006, the Zoning Board gave a variance from 20’ to 10’. The owners at that time said that was plenty. Now you’re saying you can’t build this property unless we change it again. Mr. Haylock said at that time they did not have a tenant in hand. In these times to get a national tenant who does a lot of advertising for Niles is quite an achievement. Retailers change the size of their stores. Sometimes its expansion; sometimes a limitation. In order to entice the tenant to be here, we had to make those changes. Vice-Chairman Dimond asked what kind of trucks are backing up there. Are they semis? How would they be pulling in? What hours a day are they making deliveries? Mr. Winter answered there may be some semi trucks occasionally. They would be pulling in off Milwaukee Ave., come across here [on the overhead], and back in. That’s why there is this wide radius. Then they would pull out on Milwaukee Ave. Deliveries would be made between 8 a.m. and 4 p.m. The trucks would be an average of two [2] per week. Vice-Chairman Dimond asked Mr. Haylock where the downspouts would be placed. Mr. Haylock replied they are internal downspouts that go directly into the storm water retention on the site under the parking lot. This includes the water coming off the roof. Mr. Winter said Sherwin Williams typical footprint is 50’ by 80’. He is describing the layout. Commissioner Schulter asked where the closest Sherwin Williams store is. Also what is the square footage inside their building? Can you flip this and make phase one further north? Page 10 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Mr. Winter cannot answer to the location of the closest store. The average square footage is just under 3,600 sq. ft. This one is a little bit under 3,600. The appeal to the tenant is to be on the corner. Commissioner Dubiel feels it is an extremely tight corner to turn from Milwaukee onto Harts going eastbound. Semis clip this corner almost every time they turn. If he were driving going west on Harts to turn onto Milwaukee, he would have to stop and make a gap there so a truck could get through and not clip him. Mr. Winter said they would be working with Engineering on that. Commissioner Schulter asked how a semi is going to pull in there if traffic on Harts is blocking the entrance. Mr. Winter said it is not happening every day. At the most two [2] times a week. Commissioner Nakanishi said there is usually traffic waiting westbound on Harts Rd. because it is a very short stoplight. She goes down that street every day. She can’t imagine how a semi is going to make this happen. Vice-Chairman Dimond asked if the loading zone is going to be used for contractors also. Mr. Winter said yes. Commissioner Nakanishi asked if there is a requirement you can’t have a curb cut less than 200’ from a traffic lighted intersection. Mr. Ostman said these plans were drawn up in 2006-2007 and approved by Engineering. There is no minimum requirement for a curb cut from an intersection. An example would be Oakton and Prospect. There is a curb cut just off Prospect. Commissioner Schulter asked if previous plans had a loading dock. Mr. Winter said yes, there was loading on both ends of the building. Page 11 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Commissioner Dubiel said this physical property has not changed since the plans were drawn in 2006. He is not understanding why this sudden need for additional footage. Things could be moved and changed. Mr. Winter said there is a temporary sidewalk on the north side of the building. When they build the next phase it will be eliminated. Mr. Haylock said Sherwin Williams is fairly inflexible about the way they do things. There is no guarantee they would go along with a change. Chairman Kanelos asked if, during the planning, you discussed with them what you need to do to comply with the 10’ set back. Everyone on the Board would like to see this built. It’s attractive; Milwaukee Ave. needs a lot of work; and no one likes to see that big, empty lot. However, they have concerns for the citizens. Jim Kozonis, 4849 N. Milwaukee Ave., Chicago, IL stepped forward and was sworn in. He negotiated the lease for Sherwin Williams to come into Niles. They want that design with those dimensions. He said he would like to build from the north side first, but they want the south end by the stoplight. Commissioner Dubiel said he doesn’t understand why they didn’t negotiate regarding the 10’. Mr. Haylock said when the original project was designed in 2006 and approved, they were tapering the landscaping. When they saw the landscaping was tighter, they needed to have the 5’ for that. So they lost a little of that space in the parking lot at that end. This was after everything was approved. There were adjustments that needed to be made. They lost over 2’ when making these adjustments. So they scooted it back at that corner only. But the entire development will have more than they had before. They are only asking for a little more at that end so Sherwin Williams doesn’t have to redesign their store. Previously the back of the building was straight all the way. What they are proposing now is to step the building a little – make the building in all square sections instead of all angled. Vice-Chairman Dimond is concerned about the corner. Would it be feasible to install a concrete wall there? Page 12 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Mr. Haylock said it is not going to look nice. The wood fence will look better. They could add arbor vitae or some other type of evergreen. That would be on the developer’s side of the fence. The loading area is in the same spot it was when it was approved in 2006. Commissioner Nakanishi said she is concerned about the residents. Chairman Kanelos asked how wide the covered front walk is. Mr. Winter said it is 4’. There are stone and brick columns. Mr. Haylock said they can’t take any more out of that area. Handicapped people need to be able to get through there. The columns have to stay there because it is a covered sidewalk. Chairman Kanelos asked if there were more questions from the Commissioners. There were none. Now was the time for questions from the public. Victoria Moore stepped to the microphone again. [This microphone is not working.] The little corner they are talking about has a huge impact on the value of her property as well as encroachment. She wants a concrete fence. The Costco in Niles was kind enough to put up a concrete fence between them and their neighbors. What she is asking is a small price. John Fisher also came forward again. He wanted clarification about where the trucks are going to turn in. This was all pointed out on the overhead by Mr. Haylock. He would also like to know where another Sherwin Williams store is so he can go there and look at it. Mr. Winter said the most recent store is in Wilmette on Green Bay Rd. Mr. Fisher said when you come into a small village like this and ask the residents to please be flexible we listen. But then you say that your client is not flexible. Mr. Winter responded to Victoria Moore. Would it be acceptable if there was a concrete fence along her property and a wood fence the rest of the way? Mrs. Moore asked all the residents to make comments now. Trucks make deliveries at 3 or 4 in the morning. The neighbors put up with Play Book and Page 13 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 all the problems that go along with their customers. She feels there should be a concrete fence along the entire length. Chairman Kanelos said you do know it is not the developer’s fault there are problems with Play Book. This should prevent those patrons from parking there. Mr. Kozonis said as a good neighbor, while Milwaukee Ave. was being fixed, he let Play Book use the property for free. When the electric company was remodeling they were allowed to park their cars there also. No one told us the behavior was an issue. The fence there now is not uniform. If you look along CVS you will see the fence is very nice. Mrs. Moore said there will be constant noise with deliveries. She still wants a concrete wall for privacy and noise abatement. Chairman Kanelos said let’s try to come up with something that works for everyone. The developer could build in the 10’ and not do anything other than what is required. Commissioner Dubiel said under the existing 2006 request, the 10’ you are speaking of does call for a new, 6’ privacy fence of one style. It does not name that style. Mr. Haylock said the noisiest part will be the loading/trash area. How about the backside of the loading area being enclosed? It could be concrete or brick to match the building. Commissioner Dubiel said Delko and Mr. Dumovich are the petitioners. If they are not here, who is the petitioner? Joseph Annunzio, the Village Attorney, said that Mr. Haylock and Mr. Winter are the representatives. Commissioner Nakanishi asked what if a truck is coming south on Milwaukee and wants to make a left onto Harts and a left into the parking lot? Mr. Haylock said that would be very difficult. Page 14 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Chairman Kanelos asked Mr. Ostman if there could be a restriction so the trucks can only come in from the south. Mr. Ostman it will be their own vehicles making the deliveries. They know what the routine is. He doesn’t know how they would enforce restrictions. Melissa Kerz, 7074 N. Franks, Niles, IL stepped up to the podium and was sworn in. She asked that the variation be denied. She did not live there in 2006 when this was originally passed. She said building has already started with noise and vibrations. She works from home and hears it. She asked that the businesses work with the residents just as the residents are willing to work with them. As homeowners she feels they should be given some kind of guarantee this construction won’t affect their foundations. Will Sherwin Williams get rid of old or damaged paint into the retention pond? Chairman Kanelos said that would be illegal. Mrs. Kerz is also concerned about cars and trucks on Franks Ave. This is because they are a shortcut to Touhy. This development will increase the traffic. There is already a lot of traffic on Harts Rd. and this will add to that. On behalf of this group, she would like the Board to deny this variation. Mr. Ostman wanted to add there is no construction being done on this site yet. There is a fence in place in preparation but no activity as of yet. Joe Kuffel, 7064 N. Franks, Niles, IL stepped forward and was sworn in. He is in favor of a concrete fence. [This is mostly inaudible.] It would provide privacy and security for his backyard. Paul Bilecki, 7070 N. Franks, Niles, IL came to the podium and was sworn in. His family has been in this house since 1955. He is concerned about the trucks coming into the site. Traffic is already bad on Harts Rd. He feels the trucks will be cutting through on Franks. He would like to see a concrete fence run the entire length. When the area was cleared, he experienced foundation cracking. There is a flooding problem too. He asked the Board to deny this variance. Mike Kerz, 7074 N. Franks, Niles, IL stepped up and was sworn in. Trucks do have a problem making that turn onto Harts Rd. Last week a truck took up two [2] light cycles trying to make that turn. He would like a guarantee Page 15 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 that this construction will not cause vibrations to his home. If there is damage, what will the developer do to repair that damage? Mr. Winter said IDOT or the municipality would put a template on here to show the radius and the ability of a truck or car to make those maneuvers. He does not have it with him tonight. Chairman Kanelos said they did do the research and they have to comply with IDOT and the Village. This is not our area of jurisdiction. We are just focusing on zoning issues. It is a valid point but doesn’t apply tonight. Mr. Kozonis said it is a small foundation. There are no caissons, no pilings. It is a one story building – a 36” foundation. Chairman Kanelos said if there are questions that are not part of the purview in considering the zoning, he can’t entertain those questions because the Board has no authority over that. If it passes here it will also be heard by the Village Board of Trustees. This Board is only a recommending Board. We cannot get into construction related questions. Commissioner Troiani said the only thing being discussed here tonight is the increase of the variance that was granted in 2006. We can’t go into the rest of the building – they already have that zoning. AT THIS POINT THE TAPE RAN OUT. The following residents also came to the podium, were sworn in and spoke. They either asked questions or gave comments about this project. Their questions or comments were variations of things that have already been discussed this evening. [This portion of the meeting is not recorded.] John Fisher* 7046 N. Franks Margaret Fisher 7046 N. Franks Sandy Marchisotta 7056 N. Franks Margaret Fisher* 7046 N. Franks John Moore 6824 Harts Rd. Jack Marchisotta 7056 N. Franks Jennifer Mercer 7054 N. Franks * sworn in earlier and did not need to be sworn in again. Page 16 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 [The recording secretary is giving a summation from notes on how the case ended.] Vice-Chairman Dimond expressed dismay that the developers of the property, who received a variance a few years ago, have now drawn up plans for a new building. They presume they will be granted an even greater variance. However, it would seem prudent to grant the requested variance with some conditions that would be beneficial for the nearby residents. The reason for this is because if the variance were simply denied, the paint company could decide not to locate there at all or the developer could have the building made smaller to fit within the current variance. However, that would leave the nearby residents with some of the same concerns they have expressed this evening. Vice-Chairman Dimond then moved that a variance be granted for case 12- ZP-12, Andrew Dumovich, Delko Construction Co. Inc., 4849 N. Milwaukee Ave., Chicago, IL 60630 requesting an Amendment to ordinance 2006-27 for a variation to the rear yard setback from 10 feet (10’) to seven feet (7’) at 7007 N. Milwaukee Ave., Niles, IL 60714 and that the new set back shall be decreased by three [3] feet at the southern end of the planned building, but that the set back shall narrow as it extends 88’ northwest until the new set back line meets the existing set back line at a point 88’ northwest of the southeast corner of the property. This variance shall be granted with the condition that a 6’ brick fence be built by the developer extending southeast from the northeast corner of the building along the property line, wrapping around the truck dock and meeting the planned dumpster shelter. This fence shall be built before construction begins on the rest of the property so as to minimize dust and noise drifting over the surrounding homes. This motion was not seconded. Commissioner Dubiel moved to approve case 12-ZP-12 Andrew Dumovich, Delko Construction Co. Inc., 4849 N. Milwaukee Ave., Chicago, IL 60630 requesting an Amendment to ordinance 2006-27 for a variation to the rear yard setback from 10 feet [10’] to seven feet [7’] at 7007 N. Milwaukee Ave., Niles, IL 60714 with the following conditions. The three foot [3’] rear yard variation applies to the southern most portion of the building starting thirty- eight feet seven inches [38’7”] from the south property to eighty-eight feet [88’] north of the rear wall. The fence shall be of wood or vinyl material installed the entire rear property line prior to any certificate of occupancy Page 17 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 being issued. The loading area shall be fully enclosed and screened from the residential area with a six foot [6’] brick masonry wall extending from the southeast corner of the building to twenty-four feet [24’] south and then twenty feet [20’] west to the masonry trash enclosure. It was seconded by Commissioner Schulter. On roll call the vote was: AYES: 5 Dimond, Surace, Schulter, Dubiel, Kanelos NAYS: 2 Troiani, Nakanishi There being five (5) affirmative votes the motion carried. This Board is a recommending Board to the Board of Trustees. At the end of these minutes is a listing of all residents who wish to be notified of the next Village Board of Trustees meeting. A NEW TAPE IS NOW IN PLACE. Chairman Kanelos called for the next item on the agenda. 12-ZP-13 Hicham Riba DDS 2556 W. North Ave. Chicago, IL 60647 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(nn) to operate a dental clinic at 5622 W. Touhy Ave., Niles, IL 60714, PIN #10-29-403-027-0000. Mr. Wlodarski presented this case. There was an existing dental clinic in this location since 2001. At that time dental clinics or doctors’ offices were not Special Uses. In 2005 it was added to the Village ordinance as a Special Use. The existing business went out last year in June. The petitioner is requesting to reopen the office. Since it was originally closed for more than six [6] months and did not have a Special Use, they need to appear to request this Special Use. They are located in the Wal-Mart Shopping Center [Point Plaza Shopping Center]. The Village has no concerns with parking. The property is located to east in the shopping center in an out lot building. Chairman Kanelos asked if there were any questions from the Commissioners. There were none. He requested the packet given the Commissioners for this case be entered as Exhibit A. Commissioner Dubiel asked the reasoning of the new ordinance. Page 18 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Mr. Wlodarski said the main concern was because doctors and dentists offices were moving into small strip centers. Some of the mom and pop offices were not an issue; but the larger ones were creating parking issues. Parking was the main issue. There were no questions from the public. Dr. Hicham Riba, 2556 W. North Ave., Chicago, IL 60647 approached the microphone and was sworn in. Nothing to add. Would like to be part of the Niles community. He already has a dental office in Chicago and would like to duplicate it here in Niles. Chairman Kanelos asked if there were any questions for Dr. Riba from the Commissioners or from the public. There were none. He then entertained a motion. Vice-Chairman Dimond moved to approve item 12-ZP-13, Hicham Riba DDS, 2556 W. North Ave., Chicago, IL 60647 requesting approval of a Special Use to Appendix B Section VIII (B)(3)(nn) to operate a dental clinic at 5622 W. Touhy Ave., Niles, IL 60714. In conjunction with this motion she made the finding this Special Use is necessary for the public convenience; the public health, safety and welfare will not be jeopardized by this dental clinic and it will not cause any substantial injury to the value of other property in the neighborhood in which it is located. Seconded by Commissioner Dubiel, 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. Chairman Kanelos called for the next item on the agenda. 12-ZP-14 Larisa Kitaychik, owner 9214 N. Keating Skokie, IL 60076 Requesting an Amendment to Special Use ordinance 2011-28 for a martial arts school located at 8746 N. Shermer Rd., Niles, IL 60714, PIN #10-19-100-098-0000. Page 19 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Mr. Wlodarski presented case 12-ZP-14. This proposal is for a dance studio that appeared before the Board last year and was granted a Special Use to operate dance and music lessons. There is a small beauty shop in the center. His business is by appointment only. It generates little traffic. There is also a small Mediterranean store and then the dance studio. The reason this is appearing in front of you is Ms. Kitaychik is proposing to offer martial arts classes; the Department felt it was different than the original Special Use for dance classes. There were concerns about parking but in speaking with the petitioner it was found she is not changing her hours of operation originally granted. She was already granted two [2] rooms she can hold classes in. She uses one room at a time. She plans on keeping the business the same. No two classes will be given at the same time. Therefore there are no parking issues. Staff has no objections to amending this Special Use. Commissioner Troiani asked if there were any problems with parking in the neighborhood. In adding martial arts with more adults, that would mean more cars. Do you think that would be a problem? He thinks this could be an abundance of parking for this school. Mr. Wlodarski said the class sizes for dance and martial arts would be identical. She is just having a different type of class. She is still having only one class at any given time. Mr. Ostman said the Department feels very comfortable in recommending that this be approved. It is not going to change the parking dynamics. Commissioner Dubiel asked for clarification on the fact that originally they granted a Special Use for a school/commercial trade including those teaching dance and music. Why are we back here? Mr. Wlodarski said they felt by offering martial arts it is still a school but uniquely different than just dance. There were no more questions from the Commissioners or the public. At that time the petitioner stepped forward. Larisa Kitaychik, owner, 9214 N. Keating, Skokie, IL 60076 came to the podium and was sworn in. She had nothing to add. Page 20 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Chairman Kanelos asked if there were any questions from the Commissioners or the public. There were none. He added the packet that was given to the Board be entered as Exhibit A for 12-ZP-14. He then entertained a motion. Commissioner Dubiel moved to approve 12-ZP-14, Larisa Kitaychik, owner, 9214 N. Keating, Skokie, IL 60076 requesting an Amendment to Special Use ordinance 2011-28 for a martial arts school located at 8746 N. Shermer Rd., Niles, IL 60714. The Board found it meets the standard set forth in Zoning Code H4a, 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. 12-ZP-15 Patricia Knoll, Director Shure Inc. 5800 W. Touhy Ave. Niles, IL 60714 Requesting an Amendment to Special Use ordinance 2002-55 to include all existing signage for the property at 5800 W. Touhy Ave., Niles, IL 60714, PIN #10-29-403-034-0000. Mr. Ostman presented zoning petition 12-ZP-15. A legal notice was published April 19, 2012 in The Bugle. All property owners within 250’ have been notified and the property was posted for the Zoning hearing. The background is as such: Shure purchased the property in 2002. They applied for a zoning change which was prompted by Village staff. The Planned Unit Development allowed the property owner to let the municipality look at the proposed development as a whole as it relates to all the zoning requirements instead of just looking at each individual zoning aspect which would request a zoning variation on various issues that were addressed. The issue why staff went to Shure to begin with under the PUD is that the existing seven [7] story building had some zoning issues that were not addressed properly in the ordinance. They purchased the property and were looking to build a tech Page 21 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 center in the back. So the staff recommended to them to include the entire property under a PUD allowing the Planning Commission and the Village Board to look at the entire development at that time. He thought the signage was to be included in that PUD. When the sign code was redone, the staff did more research and found the sign was never presented under the PUD. That is where we are today. They want to make sure everything on the Shure property is legal conforming. When staff recommended the existing property with the seven [7] story building go to a PUD, it was because they wanted to insure the properties are always conforming to zoning so when it comes to a sale and they ask for a zoning certification, they can be assured it complies with all the zoning and the sign code. According to the current and previous sign code, the total permitted sign area for Shure is a maximum 800 sq. ft. for the property abutting two [2] streets. The total area indicated in the documents provided – the sign visible travelling eastbound only on Touhy Ave. is 840 sq. ft. It is only on one side as you travel east or west bound. The westbound sign near the rear of the seven [7] story building is 840 sq. ft. In a site visit late last week, it was determined the sign is 800 sq. ft. which would match the documents in the file initially submitted for approval. In his opinion, due to the uniqueness of the building, the attempt of the code is met due to the fact that each sign is only visible from one [1] side of each wing wall. They don’t look at a sign and figure 800 sq. ft. on one side and 800 sq. ft. on another. They figure one side only and determine maximum area of the sign. The intent is met because the eastbound traffic only sees the front wing wall and the westbound traffic only sees the rear wing wall. In amending the PUD they can make sure it is part of the Planned Unit Development. If he has to issue a zoning certificate at any time then he can say the entire property meets the Zoning compliance. Commissioner Dubiel wanted to clarify the concern is to protect the sign. Mr. Ostman said yes. Vice-Chairman Dimond said if they do not approve this Special Use, the Shure sign is grandfathered in and doesn’t have to be removed for how long. Mr. Ostman said fifteen [15] years. Vice-Chairman Dimond asked fifteen [15] years from when. Mr. Ostman said from when it was passed in May 2011. Page 22 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Vice-Chairman Dimond said if they were to take the Shure lettering off the wing walls it would not be considered a sign, correct? Commissioner Nakanishi said she believes it is a sunscreen also. The building was designed by Helmut Jahn and whether or not the wings say Shure, it is still part of the artistic design of the building. Commissioner Dubiel asked if that applies to any sign in the Village. Chairman Kanelos said this applies only to Shure right now and that is the only issue before us. He asked if there were more questions from the Commissioners. There were none. There were no questions from the public either. At this time he called up the petitioner. Patricia Knoll, 5800 W. Touhy Ave., Niles, IL 60714 stepped forward to the podium and was sworn in. She said they love the building and the sign. The building is award winning. They have visitors from around the world that want to see it since it is designed by Helmut Jahn and it is a trophy building. It is also a directional tool and she feels it has put a significant stamp on Niles as well. Commissioner Dubiel asked if Shure is expecting to be here for fifteen [15] years or more. Ms. Knoll said at least. Vice-Chairman Dimond wanted to make a comment. Personally she thinks the lettering on the sign is an eyesore. It is okay if the Shure lettering stays on the sign fifteen [15] more years but she has no desire to see it any longer than that. If the lettering goes and the sunscreen stays, that would be fine and it would still be a wonderful building and it wouldn’t violate the sign ordinance. Chairman Kanelos entertained a motion. Commissioner Troiani moved to approve 12-ZP-15, Patricia Knoll, Director, Shure Inc., 5800 W. Touhy Ave., Niles, IL 60714 requesting an Page 23 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Amendment to Special Use ordinance 2002-55 to include all existing signage for the property at 5800 W. Touhy Ave., Niles, IL 60714. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 1 Dimond There being six (6) affirmative votes the motion carried. There being no other items on the agenda, Chairman Kanelos entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Nakanishi, 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. The meeting adjourned at 10:00 p.m. The following residents would like to be notified of the Board of Trustees meeting when case 12-ZP-12 is presented: Mr. & Mrs. John Moore Mr. & Mrs. Jack Marchisotta 6824 Harts Rd. 7056 N. Franks Niles, IL 60714 Niles, IL 60714 Mr. & Mrs. John Fisher Ms. Jennifer Mercer 7046 N. Franks 7054 N. Franks Niles, IL 60714 Niles, IL 60714 Mr. & Mrs. Michael Kerz Ms. Char Block 7074 N. Franks 6816 Harts Rd. Niles, IL 60714 Niles, IL 60714 Mr. Joe Kuffel Mr. Paul Bilecki 7064 N. Franks 7070 N. Franks Niles, IL 60714 Niles, IL 60714 Page 24 of 25  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 7, 2012 Kathleen Janessa, Recording Secretary Page 25 of 25