Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 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 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 September 10, 2012. There were none. Commissioner Surace moved to approve the minutes of September 10, 2012. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Dimond There being six (6) affirmative votes the motion carried. NEW BUSINESS 12-ZP-26 Anthony Fortuna 6741 N Forestview Lane Niles, IL 60714 Requesting approval of a variation to Appendix B Section VII (C)(10) to reduce the rear yard setback from the required 40’ to 29’ 1-1/8” to construct an addition at 6741 N Forestview Ln, Niles, Illinois 60714, PIN #10-31-213-034-0000. 12-ZP-27 Mr. George Swytnyk, owner 5008 N Denal St Norridge, IL 60706 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(d) to operate an auto repair center at 7255 N Harlem Ave., Niles, Illinois 60714, PIN #10-30-318-001-0000. 12-ZP-28 Mr. Douglas Pasma, Architect 1601 Sherman Ave. Evanston, IL 60201 Page 1 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 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 73% from the maximum allowed 60% at 7333 N Caldwell Ave., Niles, Illinois 60714, PIN #10-30-403-025-0000. DISCUSSIONS Zoning interpretation of Section VII (A)(6)(a) residential districts, appearance. Chairman Kanelos called for the first item on the agenda. 12-ZP-26 Anthony Fortuna 6741 N Forestview Lane Niles, IL 60714 Requesting approval of a variation to Appendix B Section VII (C)(10) to reduce the rear yard setback from the required 40’ to 29’ 1-1/8” to construct an addition at 6741 N Forestview Ln, Niles, Illinois 60714, PIN #10-31-213-034-0000. Richard Wlodarski, Assistant Director of Community Development, stepped to the podium to present the case. Legal notice for all three cases tonight was published in The Bugle Newspaper on September 13, 2012. Letters were mailed out to all people located within 250’ of the subject properties. The first case is 12-ZP-26, subject property 6741 N Forestview Ln. The proposed project includes a second story addition to the existing house; demolishing the existing detached garage and adding an attached garage. The new attached garage does not meet the required rear yard setback. This request is to allow the new proposed attached garage to encroach from the rear yard setback from the required 40’ to 29’ 1-1/8”. Other than the attached garage, this project meets all other zoning requirements. The Community Development Department has reviewed this request and recommends approval of this variation. This Board is the final say in this matter. Commissioner Nakanishi recused herself from this case since she is the architect for the project. Chairman Kanelos stated the record should show that Commissioner Nakanishi recused herself from voting on 12-ZP-26. He also added that the Page 2 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 packet received for 12-ZP-26 should be entered as Exhibit I. He then asked if there were any questions from the Commissioners for Mr. Wlodarski. Commissioner Dubiel asked for the site plan to be put on the overhead. He wanted to clarify the layout of the lot. Apparently this addition is going to be an improvement over the way the existing garage is now. Mr. Wlodarski said yes. Chairman Kanelos asked if there were other questions from the Commissioners for Mr. Wlodarski. There were none. There were no questions from the public either. At this time he called up the petitioner. Anthony Fortuna and his wife, Cammy Fortuna, stepped to the podium and were sworn in. They live at 107 Stacy Ct, Glenview, IL. They both grew up in Niles and the house in question is where Cammy grew up. They intend to improve and upgrade the house. The existing garage is ready to fall down and now they want to have the garage attached to the house. Chairman Kanelos asked if there were any questions from the Commissioners. There were no questions from the Commissioners or from the public. At this time he entertained a motion. Commissioner Troiani moved that case 12-ZP-26, Anthony Fortuna, 6741 N Forestview Lane, Niles, IL 60714 requesting approval of a variation to Appendix B Section VII (C)(10) to reduce the rear yard setback from the required 40’ to 29’ 1-1/8” to construct an addition at 6741 N Forestview Ln, Niles, Illinois 60714, PIN #10-31-213-034-0000 be approved. He added the findings based on the standards of variations that apply from Section E through Section A 1,2 & 3. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 5 Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 0 PASS: 1 Nakanishi ABSENT: 1 Dimond There being five (5) affirmative votes, the motion carried. Chairman Kanelos called for the next item on the agenda. Page 3 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 12-ZP-27 Mr. George Swytnyk, owner 5008 N Denal St Norridge, IL 60706 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(d) to operate an auto repair center at 7255 N Harlem Ave., Niles, Illinois 60714, PIN #10-30-318-001-0000. Mr. Wlodarski presented case 12-ZP-27. Subject property is 7255 N Harlem Ave. The proposed auto repair center requires Special Use zoning code. The auto repair center would be occupying the 2,331 sq.ft. building which will include six service bays. The proposed business will have four to six employees and services an average of twelve vehicles per day. The current parking lot has twenty-four parking spaces which is more than adequate for this business. In light of the operation of the business and the fact that all of the work would be conducted inside the building staff feels there should be no negative effect on this neighborhood. The Community Development Department has reviewed this request and has no objection in granting a Special Use with the following condition: all the garage doors shall remain closed except when vehicles are entering or exiting the building. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions from the Commissioners for Mr. Wlodarski. Commissioner Troiani asked if there were going to be any wrecks parked outside the building. Also will there be any work on cars outside the building. Mr. Wlodarski said no. [The quality of the disk on which the minutes were recorded is poor at best. There are some portions that are impossible to decipher.] Chairman Kanelos at this time entered the information packet for 12-ZP-27 as Exhibit I. The Board received an additional packet on the day of this meeting containing three letters objecting to this Special Use. All the Commissioners have copies of the letters. Commissioner Dubiel asked about the former company there – Master Elevator Company. Page 4 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Mr. Wlodarski said they were there approximately 30 years. They left 2 years ago and the property has been vacant since then. The owner of the elevator company is actually the owner of the building. Commissioner Dubiel asked if the parking across the street (Chase) was for the employees of Master Elevator. Mr. Wlodarski said yes. Chairman Kanelos asked if there were more questions. There were no more questions from the Commissioners for Mr. Wlodarski. There was a question from the public. Kimberly Conenna, 7256 N Nora, Niles, stepped to the podium to be sworn in. She lives on the corner lot at Nora and Chase. It is 16’ from the property line of said property. She questions the flow of traffic. Mr. Ostman put the diagram on the overhead screen. Ms. Conenna asked what kind of modifications will be used to make sure the children are safe; to ensure there is adequate use of the sidewalk from the entrance bays. Right now the garage bays are up against the sidewalk. Master Elevator just had caution signs. There are no mirrors. There are ten children that live at the intersection. Also, what kind of modifications will be made to the building for the safety of the workers? The EPA and OSHA have ample information out there about proper ventilation this type of building needs. The water treatment and the disposal of waste water – how will that be handled in a building that is over 30 years old? Mr. Wlodarski said he would leave that up to the applicant to answer when he steps to the podium. Commissioner Dubiel was questioning the Harlem Avenue exit. On the overhead the customer entrance and exit was circled. He said the customer traffic will be going in and out on Harlem. The only traffic on Chase would be the mechanics bringing the cars to be repaired back and forth to the building. Mr. Wlodarski said he would leave that up to the petitioner to answer. Page 5 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Chairman Kanelos asked if there were more questions for Mr. Wlodarski. There were none. He then asked the petitioner to step forward. Mr. George Swytnyk, 5008 N Denal St, Norridge, IL 60706 stepped to the podium and was sworn in. He would like to run a national chain auto repair shop at the location. It is their intention to do whatever they need to do so the surrounding areas are not hindered, families are safe and they want to coexist with the neighbors and the Village in the best way possible. They want to keep everything indoors. The building is ideal because it is not a typical auto repair building where the doors are open and there are cars everywhere. 100% of the work will be done inside the building. No for sale signs on any cars in the parking lot; no junks will be parked there. They want an environment & facility that is palatable for everyone. They plan an upscale, large waiting room; there will be no trash outside the building. They will improve the parking lot itself and plant trees. If they need to put mirrors on the outside that will work too. Chairman Kanelos asked if they would consider installing an audio or beeping sound when the garage door is opening and a car is coming from inside the building to the outside. Also, can there be mirrors so people on the sidewalk can see the door going up and a car will be approaching? What about employee safety? Are there requirements from Meineke for safety; he knows there are code issues. Mr. Swytnyk said there are no hazardous chemicals as such. There is oil; that’s the main thing. For disposal, nothing will go into the sewer. Typically what is installed is a triple catch basin. That separates any kind of sludge from water going into the sewer. They will install an exhaust system by every bay. There would be a hose that goes up to the top into ductwork and through the roof at the higher end of the building. At that point there is a vent that would be vented to the outside. This way when anyone runs a car the mechanic would have to put this hose onto the tailpipe. That would be drawn out by fans through this ductwork system to the outside. Commissioner Schulter asked if the employees will be bringing the cars in and out of the facility or will the customers be driving in and out. Mr. Swytnyk said the intention is for employees only to be moving cars. The customers will park their cars in the signed customer lot and the mechanics will move the cars in and out. Page 6 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Chairman Kanelos said if there is a motion to approve that could be a condition of the motion issued. Commissioner Surace asked if the signage will be clear to the customer so they know to park across the street? Mr. Swytnyk said yes, there could be signage posted that says parking is across the street and also the doors will be closed so patrons cannot just drive in. Commissioner Dubiel said this is a corner with pedestrian traffic: seniors stop there; the bus stops there; school children walk there. When there is snowfall, will you manage those corners in regard to removal? Mr. Swytnyk said they would maintain shoveling all the way around the building as well as across the street in the customer parking lot. They do not have to wait for the landlord since they will be doing that work. They have their own equipment and will do it first thing in the morning. Commissioner Dubiel asked Mr. Ostman if the Village cleans the sidewalks over there. Mr. Ostman said no, the Village does not shovel the sidewalks. Chairman Kanelos asked if there were more questions for the petitioner from the Commissioners. There were not. However, there were questions from the public. Ann Cisneroz, 7300 N Nora, Niles came forward and was sworn in. She lives directly behind the parking lot. Regarding snow, remember Harlem is a snow route on the Chicago (west) side of the street. The people who can’t park on Harlem in the winter come across to Niles and park on Chase. Mr. Swytnyk is making a lot of promises but are they enforceable. There are no laws that say he has to do this or that except of EPA stuff. Chairman Kanelos said should the Board approve this, they can place certain things as conditions. The petitioner would have to maintain those or it would put the Special Use in jeopardy. Page 7 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Ms. Cisneroz said there is a little driveway at the backside of the garage on the existing building and there are usually kids there playing basketball. This is residential. Commissioner Dubiel is looking for clarification where the cars from the Chicago side of the street come into the neighborhood to actually park. [This is now being put on the overhead.] Let’s say there is a large snowfall and now there are cars parked. What are Mr. Swytnyk’s plans for removal of snow in a safe manner. Mr. Swytnyk said he intends to clear all the snow and doesn’t know if that facilitates quicker parking in front. He knows they have to clean the snow all the way around the building. He won’t be leaving piles of snow on the sidewalk or at the corners. He will pile it on the grassy areas. Denise Jaeger, 7248 N. Nora, Niles came to the podium and was sworn in. She wanted to know where they would be conducting test drives for the autos that are repaired. Mr. Swytnyk said if they need to test drive they will refrain from going down the side streets. Ms. Jaeger said she comes from 25 years of auto experience. She doesn’t understand how the customer will park across the street, come over to the building with their concerns, they walk back across the street with the repairman to their car to go over the problem. Mr. Swytnyk said people come in for all different types of service. Some for oil changes, some for brakes. They should park their car, come in say what they want, he takes the keys and goes to get the car. If they say their check engine light is on, then he takes the keys and goes to get the car to bring it inside. There they do an indoor evaluation. Ms. Jaeger said if a customer comes in usually one would do a walk around to make sure of the condition of the vehicle so there is no damage under your care. If you ask the customers to drop their cars off in a lot across the street and don’t go over it with them, you are leaving yourself open to problems. It isn’t clear to her how they are going to handle their customers. Page 8 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Mr. Swytnyk isn’t sure what Ms. Jaeger wants him to say. They will do whatever it takes to coexist. Ms. Jaeger said if you have the customers pull in so as not to back up traffic on Harlem, the customers are going to be confused as to where to go. If one car slows down and sits at Chase, then you also have a bus pickup right there, people are going to be confused as to whether they should pull in to the left or to the right. Chairman Kanelos said the gentleman will have to have signage that tells them where to pull in. As stated earlier, only employees will be pulling the cars from the parking lot into the actual work area. So the petitioner needs to put large and identifiable signage at the entrance to the parking lot so they know where to go. Commissioner Nakanishi has a concern about the walk around with the customer. From personal experience, she has never had to walk around a car when she takes it in for service. Mr. Swytnyk introduced his son who will be in business with him at this location. He has already been in the automotive business for many years. Chairman Kanelos asked Mr. Ostman if there were additional signage, would that affect Mr. Swytnyk’s company signage? Mr. Ostman said that would be considered directional signage and would have no impact on company signage. Paul Swytnyk, 4530 N. Overhill, Chicago came to the podium and was sworn in. He understands the concerns about the day to day operations where write-up would take place. With their particular plan in place, the work flow is designed to avoid the traffic problems that may come up with children and buses. Commissioner Dubiel asked about the number of lifts and how many cars per day. Paul Swytnyk said there would be six lifts. The proposed expectation is 12 to 15 cars per day. That is Meineke’s national average. The hours of operation would be 7:30 a.m. until 6 p.m. One of the lifts is a special one that wouldn’t Page 9 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 be used too often. So they are really at five lifts and the special one for alignments only. His primary task will be operations. He will be in charge of the car from the moment it arrives until it leaves. Commissioner Dubiel said since you’ve seen the site, what can you say about the concerns voiced here tonight. Paul Swytnyk agrees there needs to be some sort of external audio and visual warning system to let people know the doors are opening and the cars would be exiting. They could have a spotter. Annette Kennedy, 7308 N Nora, Niles stepped to the podium and was sworn in. There is also a lighting issue. Are there going to be lights installed in that parking lot? The lights in the lot near there are high and she had to fight to get those lights re-directed because they were shining into the neighborhood. Mr. Swytnyk said there is one light in the middle of the lot. They are not going to add any lighting or making adjustments to that light. Ms. Kennedy also said the residents of the Chicago side of Harlem don’t only move their cars to the Niles side on snow nights. If there is activity on Chase [with the new business] the cars will move further into the neighborhood. There is a bar at the other end of the street whose patrons park in the neighborhood. They’ve talked to the police about it – they don’t do anything. Some of these cars don’t even have Chicago vehicle stickers on them. The year before when there was a big snowfall she would be shoveling the street because Niles wasn’t coming over there to plow for some reason; when she finished, the cars from Harlem Ave. or the bar would come in and park. They aren’t concerned so much about the business; they are concerned about the people. She has lived in that house for 54 years. This is not a good change for them. She feels the residents on Harlem will see more activity there and trickle down into the blocks. Chairman Kanelos asked don’t those cars move along other side streets as well? He doesn’t see how this proposed business would make a difference in street parking since they have their own parking lot. Commissioner Troiani said the proposed business is going to make sure no one parks in their lot unless they are customers of the business. If you have a Page 10 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 problem with the street parking, remember the curb and the streets don’t belong to the homeowner. The Niles police department has to be told to check on the parking lots along Harlem in Niles to make sure the Chicago residents aren’t taking up the spaces. Ms. Kennedy said they are two small blocks that are forgotten by the Village. We never see a police car and we have problems with the bar and vandalism. This is going to compound it. There will also be noise pollution. There are a lot of concerns. Commissioner Dubiel went through all Ms. Kennedy’s points on the overhead. He knows she is not concerned about the parking lot. Mr. Swytnyk’s lot will be closed off and he has no control about who parks on the street. This isn’t really his issue. But she feels it may contribute to another issue. These things add up. Chairman Kanelos said they have a certain criteria the Board has to look at in deciding a Special Use. They also have to take in concerns among the public. Commissioner Dubiel understands all Ms. Kennedy’s concerns. The Board can place conditions on all these aforementioned potential problems. Commissioner Schulter had a question for Mr. Swytnyk. He wanted to know if the doors that are on the existing building will remain. Mr. Swytnyk said he would not change the doors. Peter Undas, 7239 N Nora, Niles came to the podium and was sworn in. He wanted to know the need for another automotive shop in the area. There are already six automotive shops in the triangle area bounded by Touhy, Harlem and Milwaukee. Chairman Kanelos said it is up to the Board to decide all that. He then read what constitutes a Special Use: No Special Use shall be granted by the Board unless the Special Use is a) deemed necessary for the public convenience at that location; b) is so designed, located and proposed to be operated so the public health, safety and welfare will be protected; c) will not cause substantial injury to the value of the property in the neighborhood in which it is located. So that has to be part of the decision in granting a Special Use Page 11 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 when they decide whether or not to approve this. Each Commissioner has to use the information gathered during the questioning process to determine whether this is necessary for the public convenience at that location. Commissioner Dubiel then spoke but it is inaudible. Mr. Undas added that he turns that corner everyday going to work and it is a very dangerous corner, especially in the wintertime. Kimberly Conenna approached the podium once more. She had already been sworn in earlier. She then read a seven page letter voicing all her concerns and opinions. She strongly opposes the request for approval of a Special Use for this case. She spoke of inappropriate noise levels, more traffic in the neighborhood and other issues. She feels the signage is too confusing for the average customer trying to pull into this site. She spoke of many other issues affecting her family, her neighbors and her neighborhood. Chairman Kanelos asked Ms. Conenna how much longer her notes go on. If it is repetitious of things they’ve already covered he’d like to move on. Ms. Conenna stated she was going to give the Commissioners a copy of her notes as she read them. She also has a petition signed by all the neighbors. She continued reading. She is concerned about background checks on the employees. Also, you don’t know what kind of people would patronize this establishment. Chairman Kanelos said we don’t really know what kind of criminals might be living next door to us. Please focus on things that are realistic concerns. Ms. Conenna then wrapped up her thoughts and hoped there would be no repair shop at 7255 N Harlem. Chairman Kanelos asked Mr. Swytnyk if there were EPA requirements with regard to the use and disposal of potential chemicals. Paul Swytnyk said obviously there are contaminants and chemicals that have to be used. There are steps the government puts in place to minimize pollutants into the environment. He and his father will follow all EPA and OSHA standards. Permits are not required. In some instances inspections are required. They will follow whatever needs to be done to be in compliance. Page 12 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Commissioner Troiani said that before Master Elevator was there it was Vinci Carpet and Tile Co. You’re always going to have trouble with Harlem Avenue because it is a main street with a lot of traffic. Ann Cisneroz came to the podium. She had been sworn in earlier. She wants them to think of the traffic pattern. People are going to miss the place because they are going 35 mph down Harlem. Chairman Kanelos then asked if there was a motion. Commissioner Troiani moved 12-ZP-27 requesting approval of a Special Use to Appendix B Section VIII (B)(3)(d) to operate an auto repair center at 7255 N Harlem Ave., Niles, Illinois 60714 be approved subject to all the conditions: H 4 a) is deemed necessary for the public convenience at that location; b) is so designed, located and proposed to be operated so the public health, safety and welfare will be protected; c) will not cause substantial injury to the value of the property in the neighborhood in which it is located. Seconded by Commissioner Dubiel who accepted the conditions but not the editorializing and added the following conditions: the garage doors remain closed except for ingress and egress of vehicles; that all necessary directional signage for parking be put in place; the existing lighting be directed at the parking lot. On roll call the vote was: AYES: 2 Troiani, Dubiel NAYS: 4 Surace, Nakanishi, Schulter, Kanelos ABSENT: 1 Dimond There being two (2) affirmative votes, the motion to approve is denied. Chairman Kanelos called for the next item on the agenda. 12-ZP-28 Mr. Douglas Pasma, Architect 1601 Sherman Ave. Evanston, IL 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 73% from the maximum allowed 60% at 7333 N Caldwell Ave., Niles, Illinois Page 13 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 60714, PIN #10-30-403-025-0000. Charles Ostman stepped to the podium to present case 12-ZP-28. Legal notice for this case was published on September 13, 2012 in The Bugle Newspaper and letters were mailed out to all the property owners within 250’ of the subject property. This is the Harvest Bible Chapel. It has been at this location since 2005. In 1971 the subject property was rezoned to R-1 Special Use, Ordinance 1971-17 for a church – the Belden Avenue Baptist Church. In 2001 Crossway Baptist Church occupied the property until 2005. In 2004 it was noted that the zoning map incorrectly identified the property as R-1 without the Special Use. Ordinance 2004-41 was adopted to insure the property was correctly identified as a Special Use. This request is to expand the building and is an amendment to Ordinance 2004-41. The expansion of the building will include seating for 560 in the main auditorium and six classrooms for educational purposes. It should be noted the parking requirement for the 560 seat auditorium does meet the current zoning code. The third edition of the ITE Parking Publication indicates the parking demand for the average Sunday services is one vehicle for every two attendees. Niles code reflects the parking requirement of one vehicle for every four attendees. The request for the variation to increase the maximum impervious surface from 60% to 73% is appropriate for the use. The entire property is required to meet the Storm Water Management Ordinance for storm water detention. This ordinance typically is just for a residential purpose. In this case it is sort of a commercial use on a residential zoning lot. The applicant has indicated the classrooms will be used by elementary and junior high aged persons. The classrooms are not part of the parking requirements for the reasons of Section X (B)(10)(ff). Chairman Kanelos asked if there were any questions for Mr. Ostman from the Board. Commissioner Dubiel asked if R-1 is the zoning for churches in Niles. Mr. Ostman said yes. For a church to be on a piece of property it has to be zoned R-1 Special Use. Commissioner Dubiel then clarified the percentage for storm water retention. Mr. Ostman said it encompasses a detention on the site and that is what the Engineering Department is dealing with. Page 14 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Commissioner Troiani asked if this is in a flood plain. Mr. Ostman said no. When the Village gets a piece of property like this and it is used for commercial purposes, there is a storm water detention ordinance that kicks into place that you have to retain a lot of the stormwater on your property and slowly release it into the storm sewer. Commissioner Troiani continued speaking. [Inaudible] Mr. Ostman said as he indicated this will be an improvement. Two years ago there was no storm water management in place. Now this is in place and the property owner has to retain that storm water on site. Chairman Kanelos asked if there were other questions from the Commissioners. There were none. There was one question from the public. George Anastasiadis, 1325 Perry St., Des Plaines, IL 60016 stepped to the podium and was sworn in. He represents St. Haralambos Greek Orthodox Church on Caldwell, next door to the subject property. Regarding water retention, you said it is zoned Residential Special Use. Is that upgraded to commercial use or is it still water retention for residential use? Mr. Ostman said the regulations they had to follow are for commercial use. Commissioner Dubiel stated they cannot dump water on properties that are contiguous to their property, right? Mr. Ostman said right. There were no other questions for Mr. Ostman. Chairman Kanelos then asked the petitioner to step forward. Mr. Douglas Pasma, Architect, 1601 Orrington Ave., Evanston, IL 60201 approached the podium and was sworn in. [This address is different from the one in the agenda description.] He went through the site plan on the overhead. There is a one story frame building with a basement on the property. They propose to take down that frame parsonage. They will meet the requirement for parking [for the added seats] on the property around the building to the south and east and north. The north area is to be the new parking. To the east is existing parking. The south portion has some Page 15 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 parking but they will be adding to that parking by the removal of that frame building. There will be a full underground onsite detention system that would go under the north portion of the parking lot that would maintain the requirements of the storm water management ordinance. They have an existing 260 seat worship space. They will add just over 290 seats for a total 560 seats. An entrance lobby and some classrooms are on the east and north sides of the building with main entrances to the south and east and a small entrance to the north. It is a one story building. The addition would have compatible materials – brick veneer, sufficient areas of glass and stucco material on the higher areas of the new worship space. Commissioner Nakanishi clarified the green shaded areas [on the overhead] are detention areas – dry basins. There were no more questions for the petitioner from the Commissioners. From the public, Mr. Anastasiadis went to the podium to speak once more. He has a few questions for Mr. Pasma. He asked about the three exits from the parking lot. Is the exit that leads to Natchez Ave. being used by Harvest Bible? Mr. Pasma said it is being used with permission of the neighboring landowner. Mr. Anastasiadis said does that mean it is not a legal access point, so if that property changes hands again, that access point is potentially not an exit. Mr. Pasma deferred to Niles to comment on that and let the church speak of the landowner as they have been using that access since they have been on site. Mr. Anastasiadis said he isn’t sure of the current status but at one time that entrance and exit was blocked by the current property owner who purchased the property in 2011. Being a parishioner at the neighboring church, he and the parishioners at the Harvest Bible Chapel know that traffic is already congested in that area. It is usually just Sunday morning but there are during programs during the week at both churches. With the new addition that would make for a lot of traffic in and out of Harvest’s parking lot with Page 16 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 only two exits [if they can’t use the third exit out to Natchez.] That is a concern. Chairman Kanelos asked Mr. Ostman if there are only two exits and entrances does it still meet the requirements necessary based on the amount of parking. Mr. Ostman said yes. Mr. Anastasiadis had another question based on the submission made in January 2012. Sheet 6 of 6 – the landscape plan. For those that don’t know, St. Haralambos Church is just to the north of Harvest Bible. Is there enough of an easement? It seems like the parking lot is built quite close to the property line of his church. Mr. Pasma said there is a 10’ setback on the north and a 6’ setback on the south. It is cumulative of 16’ which is the requirement for a side yard setback. Mr. Anastasiadis [pointing to the overhead] asked about the top corner. Are those three trees? Mr. Pasma said those are three existing trees. They will remain. Mr. Anastasiadis said in that area of the trees there is a playground for his church. Does the landscape area include water retention for the property? Mr. Pasma said there has to be a green space which Mr. Ostman addressed earlier. The purpose of this plan is to identify the landscape requirement when putting this parking lot in. There has to be twenty-three trees on this site as a result of the parking lot. Mr. Anastasiadis said with the parking lot so close to the playground can it be included in your plan to have some type of protection for that playground? What if someone stepped on the gas pedal instead of the brake while parking in that section? Maybe thirty kids use the playground on any given day. On a Sunday, forty to fifty kids. He is asking for additional protection for that playground for safety reasons. Page 17 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Mr. Pasma said he thinks the church wouldn’t have any problem working out some kind of reciprocal relationship protecting that playground. But the playground is not on Harvest Bible’s property. He thinks this is outside of the jurisdiction of the zoning ordinance but the churches should be able to work something out. Chairman Kanelos said the Board can make a condition of the variance that it is taken care of. Commissioner Schulter asked if it was possible to put in a berm. At this time, a member of the Harvest Bible Church stepped forward and was sworn in. Fred Adams, 523 Cole, South Elgin, IL spoke. He described different things that could be installed in that corner near the playground for safety. They look forward to serving the people of the community for a long time to come. Mr. Anastasiadis said he would like protection of the playground to be added as a condition. Also, with this water retention, does that require surrounding neighbors to increase their water retention? Or will Harvest Bible’s water retention be sufficient. Chairman Kanelos said Harvest Bible’s storm water plan has to prevent any runoff from their property onto neighboring properties. Chairman Kanelos asked if there were more questions from the public or the Commissioners. There were none. At this time he entertained a motion. Commissioner Troiani moved 12-ZP-28 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 73% from the maximum allowed 60% at 7333 N Caldwell Ave., Niles, Illinois be approved and that it meets the following standards: a) is deemed necessary for the public convenience at that location; b) is so designed, located and proposed to be operated so the public health, safety and welfare will be protected; c) will not cause substantial injury to the value of the property in the neighborhood in which it is located. Page 18 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 Seconded by Commissioner Nakanishi with a friendly amendment. She added the condition that the concerns of the adjacent church [St. Haralambos] be addressed concerning the safety of the children in their playground area. Commissioner Troiani accepted this as a friendly amendment. Commissioner Dubiel asked Village Attorney Joseph Annunzio that if this becomes a condition now, it is very vague and open ended. He will vote no if that is a condition that is not enforceable. He doesn’t understand how it would be an effective condition. Mr. Annunzio said when you write something vague like that it becomes more like discretion. Chairman Kanelos then asked for another friendly amendment to be more specific on the condition at that location on the property. Commissioner Dubiel said he didn’t know how to describe it. He asked if both parties could come to a meeting of the minds right now. Mr. Anastasiadis said they need something that is going to prohibit any type of vehicle coming over the other side. If it is four, five or six concrete bollards then that’s what it is. Chairman Kanelos said the Board has to make a specific request. We are going to say this is the condition and be done with it. He asked Commissioner Nakanishi, since she is an architect, if she would recommend larger gas curbs in the first four parking spots adjacent to the playground at the neighboring church. Commissioner Dubiel said he would accept that. Chairman Kanelos then said okay – it will be five larger concrete gas curbs in the first five parking spaces adjacent to the playground at the neighboring church. On roll call the vote was: AYES: 6 Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Dimond There being six (6) affirmative votes the motion carried. Page 19 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 1, 2012 DISCUSSIONS Zoning interpretation of Section VII (A)(6)(a) residential districts, appearance. This discussion scheduled for tonight will not be heard due to time constraints. Chairman Kanelos then entertained a motion to adjourn. Commissioner Schulter moved to adjourn. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Dimond There being six (6) affirmative votes the motion carried. The meeting adjourned at 8:55 p.m. Kathleen Janessa, Recording Secretary Page 20 of 20