Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio were Commissioners Karen Dimond, Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of October 7, 2013. There were none. Commissioner Dubiel moved to approve the minutes of October 7, 2013. Seconded by Commissioner Surace, 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. NEW BUSINESS 13-ZP-28 Requesting a Zoning Text Amendment to Appendix B, Section IX to create rules for medical cannabis cultivation and dispensing land-uses in the Village of Niles consistent with recently adopted state legisla- tion. 13-ZP-29 Requesting a variation to Chapter 18 Section 323 to exceed fence height limits for a proposed new fence at 7000 Touhy Avenue (Police Department), Niles, Illinois 60714. 13-ZP-30 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) to operate a catering business and take-out restaurant at 8010 Waukegan Road, Niles, Illinois 60714. Page 1 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 13-ZP-31 Requesting a variation to Chapter 18 Section 323 to exceed fence height limits for a proposed new fence at 8435 Ballard Road (Skateland Facility), Niles, Illinois 60714. 13-ZP-32 Requesting approval of a variation to Appendix B Section IV(H)(2) to reduce building setback requirements for a detached garage at 6520 West Ebinger Drive, Niles, Illinois 60714. 13-ZP-33 Requesting approval of a variation to Appendix B Section X(A)(3) to allow a driveway that does not lead to an approved parking structure at 8425 West North Terrace, Niles, Illinois 60714. Chairman Kanelos called for the first item on the agenda. 13-ZP-28 Requesting a Zoning Text Amendment to Appendix B, Section IX to create rules for medical cannabis cultivation and dispensing land-uses in the Village of Niles consistent with recently adopted state legisla- tion. Bruce Sylvester stepped to the podium to present the first case. This issue was discussed at last month’s meeting. State legislature recently adopted rules regarding the cultivation and dispensing of medical marijuana. To be proactive on this issue the Village drafted some zoning regulations for where this might go in the Village. There are spacing requirements. [He handed out two maps to the Commissioners]. The first map is for cultivation. Schools and daycare centers have a 2,500 ft. buffer around them. Therefore within the Village there aren’t too many locations where one could have a cultivation land use for medical marijuana. What staff is recommending within the Village is to only locate those cultivation centers in the Manufacturing districts. On the map presented, highlighted in yellow, are the parcels with manufacturing zoning. There are only two areas in the Village that meet the state’s criteria. The first area is near Jarvis and Menard Avenues. The other area is off Milwaukee Avenue at the southern end of the Village. There is no parcel in the Jarvis/Menard area that is completely outside the 2,500 ft. buffer. There is only one parcel off Milwaukee Ave. that meets the spacing requirements. Staff is recommending these are the only two parcels that Page 2 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 cultivation could be located and that it must be a Special Use permit. This would require public notification, a public hearing, review by the Plan Commission and the Village Board. When the medical marijuana law was passed, the state said there could only be one cultivation center in each state police district. All of Cook County is one district. Chances it would be in Niles are very slim. Therefore if it were to be in Niles the locations would be constrained and there would be the process through the Special Use permit as well. Commissioner Dubiel asked if cultivation is allowed on a less than complete parcel or is it necessary for a full, stand-alone parcel. Mr. Sylvester said it is highly unlikely to be on a partial parcel but possible. Mr. Annunzio said it would be up to the landowner. Commissioner Nakanishi asked if the location on Milwaukee Ave. was next to the flower shop and across from the cemetery. Mr. Sylvester said yes. Moving on to the second map showing where dispensaries are allowed, it is recommended those be allowed only in the Manufacturing district just like the cultivation centers. They too would need a Special Use permit. The difference between the cultivation land use and the dispensary land use: the state rules require less restrictive land use requirements for dispensaries. The buffers are smaller in terms of schools and daycare centers than around cultivation centers. Because of this there are many more parcels that meet the criteria of dispensary land use. Staff recommends dispensaries also require Special Use permits, public notification, a public hearing, review by the Plan Commission and the Village Board. There are also conditions that have to be satisfied by the Village. Those are listed at the bottom of page three of the Staff report for this case. Commissioner Schulter asked if the stipulations for dispensary sites are the same as the cultivation sites – one per state police district. Mr. Sylvester said the state legislature allows more dispensaries that just one per police district. He doesn’t recall how many. Chairman Kanelos asked if there were any questions from the Commissioners. There were none. There were no questions from the public Page 3 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 either. At this time he entertained a motion. Vice-Chairman Dimond moved to recommend to the Village Board approval of land-use regulations to allow medical marijuana dispensaries and cultivation centers as Special Uses in the Manufacturing district Appendix B, Section IX of the Zoning Ordinance as provided in attachment A of the Staff Report. 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 added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the second item on the agenda 13-ZP-29 Requesting a variation to Chapter 18 Section 323 to exceed fence height limits for a proposed new fence at 7000 Touhy Avenue (Police Department), Niles, Illinois 60714. Bruce Sylvester presented this request. The police department is requesting an 8 ft. fence; Chapter 18 Section 323 states the fence should not be taller than 6 ft. They are doing major improvements to the police department area at Milwaukee and Touhy Avenues. There will be a new entrance. As part of that project they are also proposing to enclose an employee parking area and also a squad car parking area. [He is pointing to the site on the overhead for all to see.] This is to provide additional security for the squad cars. Staff feels this meets the requirements for granting a variation. That information is in the Staff Report. The location of the fencing is shown on the overhead. They recommend approving. Chairman Kanelos said the rendering on the overhead shows a 6 ft. fence. Page 4 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Mr. Sylvester said he would have the police department representative address that. Commissioner Dubiel asked if this is going to be built around the upper level. Mr. Sylvester said he believes it to be ground level around the surface lot. Joseph Penze, Deputy Chief, Niles Police Department stepped forward and was sworn in. This plan came from Wight Construction. He showed on the overhead exactly where the 8 ft. fence and 8 ft. retracting gate will be built. The initial drawing has changed from the original 6 ft. fence. This new fence will secure the area where the prisoners are. It will also keep squad cars and personal cars more secure. They reviewed other police departments. Skokie’s new police station has an 8 ft. fence and they already had someone scale it and try to steal a car back and take it out, but they caught him. It will be a decorative fence. Commissioner Troiani asked if there would be barbed wire on top of the fence. Deputy Chief Penze said no. It is not a prison style fence; more decorative. At this point Craig Polte, Wight Construction, 386 Rex Blvd., Elmhurst, IL came to the podium and was sworn in. He described the fence as powder- coated aluminum picket style with spears on top. There is a top and bottom rail only. It should be hard to scale as there are no footholds. An 8 ft. fence is a much bigger deterrent than 6 ft. Commissioner Schulter asked if the Village plans on fencing in the area where the police officers park their cars. Mr. Polte explained the route of the fence and where it will terminate. Vice-Chairman Dimond asked about the information that is shown on the overhead. Mr. Polte said it was the first rendering from the architects and some things have changed. This is because of multiple gates and security on the property. Vice-Chairman Dimond asked about a building on the northwest corner. She Page 5 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 is trying to figure out which building it is. Mr. Polte said it is a parking lot adjacent to the east side of the old Public Works building. Vice-Chairman Dimond asked what is preventing people from getting into that section of the lot. Mr. Polte replied it is a raised parking level approximately 10 to 15 ft. above ground. It is all concrete and the water reservoir is right there. There is a ramp you can drive up to the next level. At this time he pointed to the entire area to be secured [on the overhead.] Vice-Chairman Dimond asked why a 6 ft. fence isn’t enough. She also wanted to know what types of vehicles are in that lot. Deputy Chief Penze said other police departments they’ve spoken to that have built new buildings recommended 8 ft. They have had people jumping over 6 ft. fences. He added there are vehicles put there after being seized by police. There was one stolen back last year. All squad cars have rifles locked in the trunks. Commissioner Dubiel asked if they want the fence extended to the east because of coming out of lockup. Deputy Chief Penze answered correct. They have had prisoners get out of lockup waiting out there that hadn’t been picked up yet. Officers are getting off duty and the prisoners are getting confrontational because they are intoxicated and angry at being arrested. This will secure that area where staff is walking out to their vehicles. Chairman Kanelos asked if there were questions from the Commissioners. There were none. He asked if there were questions from the public. There were two. Evelyn Gale, 7031 W. Touhy Ave., Niles, IL was sworn in at her seat. It was too difficult for her to walk to the podium. She said the police department is a great neighbor but she can’t understand an 8 ft. fence. Is there that much trouble that we have to look at that across the street? Page 6 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Deputy Chief Penze said there has been trouble in the past. Personal vehicles have been damaged. Officers have been confronted by people that are released and waiting to be picked up. Pedestrians have almost been struck by police cars that are leaving in a hurry responding to a call. They are trying to limit the access to the parking area. Mrs. Gale asked what material is being used on the fence. Deputy Chief Penze said it is a decorative aluminum fence with landscaping in front of it. At that point he showed a picture of the fence to Mrs. Gale and she thanked him. Margaret Mendelsohn, 7031 W. Touhy Ave., Niles, IL came to the podium and was sworn in. This is more an observation than a question. She said she is probably an interloper in the parking lot because she cuts through there to go to Skokie Automotive to pick up her car after service. It sounds like she won’t be able to do that anymore. Chairman Kanelos said yes, it sounds like it. After listening to tonight’s testimony he can see why they need the area more secure. There are people that want to do damage to an officer’s car as a personal vendetta; or they want to steal back something that is in the car being held legally by the police department. It really is necessary. He asked if there were any other questions from the public. There were none. He then entertained a motion. Commissioner Dubiel made a finding for case 13-ZP-29 that there are practical difficulties that justify the requested variance to Ordinance 18-323 for a proposed fence at the Niles Police Department at 7000 Touhy Avenue, Niles, IL; the requirements meet the findings of fact in Chapter 18 Section 323 (XI)(E) subsection 2 provides the standards 2(a); the police department building is unique in the Village and has needs that are unique to it such as the protection of police squad cars, the police and the security of others; 3(a) is also met; subsection 2(b) additionally states that 1) is met – the proposed fences are for a unique need in the Village. Item 2 is also met. Item 3 is also met; Item 4 – the variation will not be detrimental to the public welfare is also met; and 5 – the proposed variation will meet these requirements. Because of the findings of fact he recommends the Village Board approve a variance to Ordinance 18-323 for an 8 ft. high fence at 7000 Touhy Ave., Niles, IL as shown on the attached plans. Seconded by Commissioner Troiani, on roll call the vote was: Page 7 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the next item on the agenda. 13-ZP-30 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) to operate a catering business and take-out restaurant at 8010 Waukegan Road, Niles, Illinois 60714. Bruce Sylvester presented the case. This is the location that had been the Tic Toc Grill kitty corner from city hall. It is in a small strip mall in the northwest intersection, the western most tenant space. Frank DeJulio is proposing to open a barbecue, catering take-out business. He would not have any trucks; rather he would create large trays of food people would come and pick up and take home. This type of business requires a Special Use permit. The findings of fact have been met. Is it necessary for the public convenience? It is Staff’s opinion it will provide dining options for the public and therefore provide public convenience. [This request is for both the parking and the restaurant use.] Are the special uses designed, located and proposed to be operated so that the public health, safety and welfare will be protected? Oakton and Waukegan is an appropriate location for a carry-out restaurant and catering business. It will not adversely affect the public health, safety or welfare. And finally, will the Special Uses cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located? Staff believes it will not. There is an explanation of parking in the Staff report. There should be ample parking primarily because this will be a take-out restaurant. The only seating provided will be at a courtesy table where people wait for the order to go. Page 8 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Chairman Kanelos asked how many parking spots are required. Mr. Sylvester explained there are two buildings on the parcel. One building houses Village Creamery and The Marelli Gold Exchange. That has about 3,500 sq. ft. of area. The other building houses N & M Food Mart, the Paint Wagon and the proposed catering/carry-out restaurant. This one contains approximately 7,500 sq. ft. of area. Between them there is 11,000 sq. ft. of area. There are 30 existing parking stalls. Only a minimal number of stalls would be required for this business. Chairman Kanelos asked if the location is compliant the way it is now. Mr. Sylvester feels the entire site is under parked. Even if all the businesses in the center required the minimum number of parking spots, there would not be enough parking on site. Commissioner Dubiel asked since this new business would have seating for 4, what was the seating at Tic Toc Grill. And is this a reduction? Charles Ostman answered yes, this would be a reduction. Commissioner Schulter asked if it was strictly for catering or can you go in and just get something for yourself. Mr. Sylvester said it is definitely a carry-out business. Anyone can go in there and order food for oneself. Vice-Chairman Dimond said her main concern with this parcel is parking. It is very congested. How many parking spots should this lot have? Mr. Sylvester said Staff concluded any business proposed in that tenant space at 8010 would not meet parking requirements. If it stays vacant, there is not enough parking. That’s why they make this recommendation that a carry-out business without a lot of seating is a good use for that site. Chairman Kanelos said he is in and out of that center a lot and agrees that it is difficult to get in and out. But he hasn’t had any problem finding a spot once in the lot. He then asked if there were any more questions from the Commissioners. There were none. He called for the petitioner. Page 9 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Frank DeJulio, 937 N. Grace, Park Ridge, IL came to the podium and was sworn in. Vice-Chairman Dimond asked if there is a difference between catering and carry-out. And are there going to be carry-out trucks or cars there? What are the hours? Mr. DeJulio said it isn’t the type of catering where they would go to someone’s house, set up and serve. It’s more like Chicken Inn, where you go out and pick up a pan. One of the staff would probably deliver if the person requested delivery. There would be three staff people. There is room to put a couple of cars on the west side of the business. The hours would be approximately 11 a.m. until 8 p.m., six days a week. Commissioner Dubiel asked Mr. DeJulio is he was familiar with this lot. Mr. DeJulio said yes, he is in Home Depot every other day since he is in the construction business. Commissioner Dubiel asked if he felt the parking would be sufficient for the business. Mr. DeJulio said yes. He feels the same way Mr. Kanelos feels. It’s harder to get in and out than it is to park. Chairman Kanelos asked if there were other questions from the Commissioners. There were none. There were no questions from the public. He then asked the petitioner what his specialty barbecue is. Mr. DeJulio replied pulled pork. Chairman Kanelos said he’d be trying it. He then entertained a motion. Commissioner Troiani moved to approve 13-ZP-30 requesting approval of a Special Use to Appendix B Section VIII (B)(3)(z) to operate a catering business and take-out restaurant at 8010 Waukegan Road, Niles, Illinois 60714. Seconded by Commissioner Dubiel with a friendly amendment. It is consistent with the Village’s 2030 Comprehensive Plan and meets in the findings of fact that it is necessary for the public convenience at this location; Page 10 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 the Special Uses are designed, located and proposed to be operated so that the public health, safety and welfare is protected; the Special Uses will not cause substantial injury to the value of other property in the neighborhood in which it is proposed to be located. Chairman Kanelos asked if he would like to add to his friendly amendment that it is also a variance for the parking. Commissioner Dubiel said yes. Chairman Kanelos asked Commissioner Troiani if he would accept that friendly amendment. He said yes. 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 added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the next item on the agenda. 13-ZP-31 Requesting a variation to Chapter 18 Section 323 to exceed fence height limits for a proposed new fence at 8435 Ballard Road (Skateland Facility), Niles, Illinois 60714. Bruce Sylvester said this is the second request tonight for a variation on the Village’s fence heights. The first was from the police department. This one is from the Niles Park District. They are making improvements to their ice skating facility at Ballard and Cumberland. As part of the improvements they will to construct an 8 ft. tall vinyl coated chain link fence around an outdoor skating facility. [The site is shown on the overhead screen]. Staff is recommending approval. The request complies with some of the goals of the Comprehensive Plan, specifically in areas where it calls for inter- governmental cooperation between the Village and the Park District. Staff feels this meets all the required findings of fact that are necessary to grant a variation. They are listed on page 2 of the Staff report. They are: 1) the Page 11 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Staff’s opinion is that reasonable return is not relevant. This is not an investment. 2) The plight of the owner is due to unique circumstances. This is an ice skating rink which Staff believes is unique in the Village. 3) The variation, if granted, will not alter the essential character of the locality. The proposed 8 ft. tall fence will not alter the essential character of the surrounding community, which is comprised of open space to the south, Gemini Junior High to the west and public streets to the north and east. There are additional requirements that can be read at the bottom of page 2 and continue onto page 3 of the Staff report. These requirements are also satisfied. Chairman Kanelos asked if there were any questions from the Commissioners. Vice-Chairman Dimond said there was information at the last meeting about the fence going around the Niles pool area on Milwaukee Ave. An 8 ft. fence was approved there, correct? Mr. Sylvester said correct. The Building Code requires a 5 ft. code minimum around swimming pools and the Park District in that instance was requesting an 8 ft. fence to be consistent with other 8 ft. fences around the pool facility on Milwaukee Ave. Vice-Chairman Dimond asked if Iceland was just going to have the outdoor ice rink there. Mr. Sylvester said he didn’t know all the details but the representative here tonight would be able to answer that. Vice-Chairman Dimond said immediately to the west of this is a detention basin. She wanted to know how deep it would be. Mr. Sylvester said he did not know. Commissioner Dubiel had a question for Mr. Annunzio. Under findings of fact 2(a)(1) it states that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Are we holding the Page 12 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 public to a higher standard? Since you are a private person you need to satisfy #1 but a government agency can just waive that, correct? Mr. Annunzio said because it is public property there are no considerations of reasonable return on the property. Commissioner Dubiel said he understands but then the standard for the government agency is lower than it is for private citizens or a business. Mr. Annunzio stated he wouldn’t say lower, just less important. It is not necessarily waived but you are looking at those criteria in light of what you are talking about. It still is a requirement but because it’s public property the return is not of paramount value. Commissioner Dubiel said then the government has only two requirements instead of three, correct? Mr. Annunzio said no, they still have to meet all three. It’s just that the first requirement is seen less applied. Commissioner Dubiel said then private citizens have to meet all three, government only two. Chairman Kanelos asked if there were other questions from the Commissioners. There were none. There were no questions from the public. He called for the petitioner. Craig Polte, Wight & Co. came to the podium again. He had already been sworn in when speaking on case 13-ZP-29 regarding the fence height at the Niles Police station. He said the fence is for security; it is an ice rink that is not manned all the time. The 8 ft. fence is there to keep people out of the rink at night. At the northern end it also keeps the hockey pucks from hitting cars going by. Vice-Chairman Dimond asked what is outside the ice rink. She is pointing to the picture of the plan on the overhead. Mr. Polte said that is the detention basin. That’s the low spot at 3 ft. to 4 ft. deep. It detains water on site before it continues on into the storm system. In the future they want to put in a tot T-ball field in that area to the west Page 13 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 inside that fence. At some points the detention basin may have standing water. The water has to be detained on site for 72 hours before it continues on so it is restricted when it leaves the site. Vice-Chairman Dimond said she feels the ice rink is not terribly dangerous to children; they may slip and fall but they aren’t going to drown. But the detention basin which could have a few feet of water is outside the fence. Why wouldn’t that be fenced? She can’t understand why the need for an 8 ft. fence. Mr. Polte said the 8 ft. fence is to keep people out and off the ice. It will keep people from being hurt when the rink is unmanned. It will help with vandalism. There are expensive dasher boards in there. The fence is really to protect value of what is being put there. Mr. Annunzio said there is talk about a detention area at Our Lady of Ransom. The case law indicates detention areas are considered open waters like a river, stream or lake. Because of that, you don’t have that kind of liability. Vice-Chairman Dimond said she’s glad there is no liability. But she is still concerned children can actually fall in the water. Mr. Annunzio said you have to ask if this going to be used during a serious rain event; more than likely. And it will only be there a few hours. Commissioner Dubiel said he shares the same concerns as Vice-Chairman Dimond. Has there been a history of kids breaking into this when it was a swimming pool? Mr. Ostman said he doesn’t have any information on that. Mr. Polte said he did the work for the park district at the Oasis Water Park. Before they re-did the fence when the entire facility was re-done, the kids would jump the fence and push the lifeguard towers into the pool at night. There were beer cans inside the site also. Chairman Kanelos said there is a temporary ice rink there now, isn’t there? Was there any problem in this site? Page 14 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Mr. Polte said there was a temporary ice rink but it has been demolished. It had an 8 ft. fence around the entire site, not including the detention area. So it was very similar to what is being proposed. Commissioner Dubiel said then even though there was an 8 ft. fence, people could still get in, correct? Mr. Polte answered it is how you construct an 8 ft. fence. It you don’t put in a midrail it is harder to scale than a 6 ft. fence. They are going with that new type of design. It is more fabric, less top and bottom rail making it harder to climb. Only the corners will have a middle rail on the inside for stability. Chairman Kanelos asked if there was any thought given to the type of fence being requested for the police department. Mr. Polte said this is more of a cost saving measure. Chain link is the least expensive fence to put in. Chairman Kanelos said as a taxpayer in Niles it is good that this would be cost efficient. But he agrees with Commissioner Dubiel in that it seems they are holding the citizens to a higher standard. Commissioner Schulter asked what the park district’s plans are for the rink during the summer. Mr. Polte said there is talk of putting synthetic turf down and having soccer. It will have a roof over it. Chairman Kanelos asked if there were any other questions from the Commissioners or from the public. There were none. He entertained a motion. Commissioner Troiani moved to approve 13-ZP-31 requesting a variation to Chapter 18 Section 323 to exceed fence height limits for a proposed new fence at 8435 Ballard Road (Skateland Facility), Niles, Illinois 60714. Seconded by Commissioner Dubiel with a friendly amendment. That in the findings of fact there are practical difficulties that justify a request to the variation and the meet the requirements. First, 2(a)(2) that the property owner is seeking to protect the public safety by preventing unwanted entrance to a potentially dangerous park facility and 2(a)(3) that the Page 15 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 variation, if granted, will not alter the essential character of locality. The proposed 8 ft. fence was partially there already. 2(a)(1) is not required because it is a government agency. It also meets subsection 2(b)1 and 2 which is explained in detail on pages 2 and 3 of the Staff report. Commissioner Troiani accepted the friendly amendment. 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. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the next item on the agenda. 13-ZP-32 Requesting approval of a variation to Appendix B Section IV(H)(2) to reduce building setback requirements for a detached garage at 6520 West Ebinger Drive, Niles, Illinois 60714. Bruce Sylvester presented 13-ZP-32. Please look at the plat of survey for 6520 W. Ebinger Dr. The petitioners, Stephanie Sipola and Brad Hawk, are here tonight. They want to construct a new, detached garage in their backyard. There is an existing detached garage now. The zoning ordinance says the detached garage needs to be at least 5 ft. away from the rear property line and at least 3 ft. away from the side property line. They are proposing building a detached garage that would meet the 3 ft. side yard setback requirement but they would also like it to be 3 ft. from the rear property line. Therefore they are requesting a 2 ft. variation. Because the variation is less than half, the Zoning Board is the deciding body on this matter. Staff is recommending the request be denied based on the request of the Village’s Engineering Dept. There are some overhead electrical power lines that run along the rear of the property for this entire block. There is no recorded easement for those utilities. The Village’s setback requirements are Page 16 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 the only things allowing for easy access and maintenance of these power lines. Staff recommends that the 5 ft. setback be maintained. The Staff report lists all the requirements that need to be satisfied. It is Staff’s opinion these are not met. The applicants do want to make their case. Chairman Kanelos said the plat doesn’t show how far off the property line the existing garage is. The petitioners know so they will answer that question when it is their turn to speak. Commissioner Dubiel said this is a recent rehab of this property prior to sale. Is it upgraded to 200 amp service? Mr. Ostman said he is not familiar with it. There is a formula in the International Electric Code that determines whether the property would meet 100 amp or 200 amp service. Commissioner Dubiel said it looks like they are trying to keep the new garage on the same pad as the existing one. Is that correct? Are there reports from Engineering that say this can’t be serviced? Has ComEd or other utility companies come forth to say they tried to service this house? Mr. Sylvester said the petitioners need to be asked about this. He is not aware of any reports of that nature. Commissioner Dubiel said this is a typical short lot. What is the standard lot? Mr. Sylvester said this lot is 100 ft. deep and the standard in Niles is closer to 120 ft. deep. Commissioner Schulter said Mr. Sylvester suggested there isn’t a utility easement recorded. Mr. Sylvester said the survey everyone is looking at does not show a recorded utility easement. If there were an easement on the adjacent property behind the one in question, the survey would show it. Commissioner Schulter asked if there was an alley there at one time. Page 17 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Chairman Kanelos said he doubted it, especially because they are short lots. Commissioner Schulter asked Mr. Ostman to bring up the aerial view of the existing homes on that block. If you look at 6524 Ebinger it appears that garage in encroaching within the easement area. Chairman Kanelos said he has visited the site. He doesn’t believe 6524 is encroaching. But 6514 certainly is and at least 3 or 4 others on that block are. Commissioner Schulter said then this would not be the only property not in compliance. Chairman Kanelos said he did not think it would be. Mr. Sylvester said when he did a site visit there was a mix in the immediate vicinity. Commissioner Nakanishi asked if most of the existing garages are older. Mr. Sylvester said he saw a mix. Some had been expanded with an addition; some looked newer; some clearly much older. Commissioner Nakanishi asked if the newer ones are 5 ft. away from the lot line. Chairman Kanelos said some of them are. Typically the ones that look a little newer are but it’s hard to tell what is new and what is re-sided. When you look down the line it’s probably about 50-50. Commissioner Schulter said if you look at 6534 and the one directly behind it, those garages are right next to each other. Vice-Chairman Dimond asked if this 2 car garage is replacing a 1 car garage. Mr. Sylvester said yes. Chairman Kanelos asked if there were other questions for Mr. Sylvester from the Commissioners. There were none. There were no questions from the public. He then called on the petitioners. Page 18 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Stephanie Sipola and Brad Hawk, 6520 W. Ebinger, Niles, stepped to the microphone and were sworn in. Mr. Hawk passed out some photos taken from their backyard. Ms. Sipola said the existing garage is technically a 2 car garage by standards of 60 years ago. This is from when the house was built. By today’s standards a 2 car garage is going to be larger than it was back then. They are actually going to be moving farther away from the back fence. Right now it is just over 2 ft. from the back of the fence. They are going to move it 1 ft. forward with that 3 ft. setback line in addition to adding 3 ft. to the side. Currently it sits practically on the property line. She had their title policy and said there is no easement on the property. They would be providing more space to get back there than there is right now. Their concern is also regarding the use of the property. They are going to be living in this house for a long time and they want to have functional space. If they have to use the 5 ft. back setback and 3 ft. side setback in building a new 2 car garage, it is not going to provide the same functionality for them to pull in and out of their garage. She then explained the pictures her husband passed out regarding the pulling in and out of the new driveway. Mr. Hawk said the house has an addition. If you look at some of the other houses, they are shorter in the back so there is more space no matter how deep the garage is. They are trying to make it practical for 2 cars. Commissioner Dubiel wanted verification that this is new electrical service. He also welcomed them to Niles. When they bought the property, did they think there might be a situation like this? Ms. Sipola said they knew the garage was in disrepair when they bought the house. They thought they could repair the existing garage. Unfortunately it cannot be repaired. The new garage would match the newer siding on the home itself. Chairman Kanelos said for those Commissioners who did not go to the site, the utility pole is just barely on their property. Ms. Sipola said the power line is not on their property. It is on the neighbor’s property. Commissioner Nakanishi asked if they okay this, will it affect the permeability of the site? Page 19 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Chairman Kanelos said that is a code question. It is not a question the Zoning Board needs to deal with. Mr. Sylvester said if the Zoning Board grants the request and the building inspector determines they exceed the impervious surface requirement, then that would limit them. Ms. Sipola said Niles has lax rules on the amount of concrete that can be on a piece of property; specifically the next door neighbor’s backyard is almost all concrete. They will still have quite a bit of green space. Commissioner Nakanishi said she does not think Niles is lax regarding the surface. There is a lot of flooding in Niles and that is a big concern. The more concrete on a site the more potential for flooding. Chairman Kanelos said once again, this is not their area. Commissioner Schulter asked if the new garage would be higher than the existing one. Mr. Hawk said no, they are going with a lower style. Chairman Kanelos asked when the addition was done. Mr. Ostman answered 2010. They were not the owners at that time. They moved in five months ago. Chairman Kanelos asked if there were any questions for the petitioners from the Commissioners. There were none. There were no questions from the public. He then entertained a motion. Commissioner Dubiel moved to approve 13-ZP-32 requesting approval of a variation to Appendix B Section IV(H)(2) to reduce building setback requirements for a detached garage at 6520 West Ebinger Drive, Niles, Illinois 60714. It meets the requirements of Appendix B Section XI (E). It also satisfies those findings of fact in subsection 2(a)(1), (2) and (3). It also meets the standards in subsection 2(b)1,2,3,4 and 5. All are detailed and explained on page 2 of the Staff report for this case. Seconded by Commissioner Schulter, on roll call the vote was: Page 20 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 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 last item on the agenda. 13-ZP-33 Requesting approval of a variation to Appendix B Section X(A)(3) to allow a driveway that does not lead to an approved parking structure at 8425 West North Terrace, Niles, Illinois 60714. Bruce Sylvester presented the last case. This is another request for a variation from one of the provisions of the zoning ordinance. Clifton Street and North Terrace are the streets that bound this corner parcel. There is an existing house and a garage with a driveway on Clifton. There is another driveway on this parcel off North Terrace that leads to an enclosed area that is being increasingly enclosed. The request is to be exempt from the requirement that driveways only go to an approved parking structure such as a garage. The Community Development department and Building division have said that before any additional improvements can be made to finish enclosing this area, the driveway onto North Terrace needs to be removed. The petitioner is asking to be exempt from this requirement so she can continue to enclose this area on the north side of her house [a porch basically] but not pay to remove the existing driveway onto North Terrace. Staff is recommending the request be denied and the applicant be required to remove this driveway before additional work is done on the porch area. It is Staff’s opinion that the requirements necessary to receive a variation for this request are not satisfied. Chairman Kanelos asked if the structure that is there now was originally a carport. Right now it‘s framed, has windows and Tyvek. Is this work being done with a permit? Mr. Sylvester said the applicant requested and received permits over the years to enclose it. Most recently she has requested permits to completely enclose it. It was at that point that the Building Department said before those permits are issued, this lingering issue with the driveway that does not lead to an approved parking structure must be removed. Page 21 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Chairman Kanelos said the framing is complete. Was that work done with a permit? Mr. Sylvester answered yes. Mr. Ostman said no. She kept continuing to do the work and the Village stopped the job. As you see it right now, that has been sitting that way for six months. Commissioner Dubiel asked if a permit is extendable or does it expire. Mr. Ostman said the work that was being done was in violation of the zoning code, and then the Village recently put a stop work order on it. He does not have the knowledge of previous permits; but there was no permit issued regarding the work being done right now. Mr. Sylvester said the applicant explained to him that over the years work has been done on this area. Most recently when she was trying to continue the process of enclosing it, she was informed by this department that she could not continue enclosing this until the driveway was removed. Commissioner Dubiel said prior to this work, he is assuming the work done was in compliance since there was a permit issued. Mr. Sylvester said yes. Commissioner Schulter asked since they were given permits over the years, why wouldn’t the Village have made the stipulation back then about the removal of the driveway. Mr. Ostman said the code was changed about seven years ago. Text was added at that time because they started to see residents wanting to enclose their garages and have the driveway lead to a window, not a parking structure. Text was added to prohibit that. It wasn’t in place before that. Commissioner Schulter asked if there were other situations like this. Mr. Ostman said yes and they had always been denied or removed the driveway. Page 22 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Commissioner Schulter asked if the residents were required to remove the driveway leading up to the structure or the whole driveway altogether. Mr. Ostman said Staff has held firm on the entire driveway being removed. Chairman Kanelos said you are not asking them to take out the entire driveway and removed the structure, correct? You are asking them to remove the 29 ft. section that goes to the structure. Commissioner Schulter said then you are asking them to remove all this and then park on the street. Mr. Sylvester said they still have a driveway and garage on the Clifton side of the house. Commissioner Dubiel said there is a safety concern. Is it because someone might accidentally drive into the structure? Mr. Ostman said no, it is aesthetics. He is going to his office to look at the permit history of this parcel. Chairman Kanelos said he understood aesthetics was the driving force for changing the code; however isn’t there a safety issue here? Someone coming up that driveway could drive into the structure. Mr. Ostman said when you go to other municipalities they allow this and he hasn’t heard of any problems. Vice-Chairman Dimond asked if that affects the amount of permeable surface on the property if removed. Mr. Sylvester said yes, if removed there would be less impervious surface. Chairman Kanelos said they will take a five minute recess until Mr. Ostman returns from his office with additional information regarding this parcel. Mr. Ostman returned after five minutes. At that time Commissioner Surace recused himself from this case as he knows the petitioner personally. Chairman Kanelos asked the petitioner to step forward. She did along with Page 23 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 two other people. Maria Voutas, George Voutas, Leah Voutas, all of 8425 West North Terrace, Niles, IL came to the podium and were sworn in. Maria Voutas said that is how she bought the house: with an existing driveway and screened porch. It was never a carport. Before she did any work she called Code Enforcement and asked if she needed a permit. She met with Richard Wlodarski, Assistant Director of Community Development. She told him exactly what she wanted to do. He said go ahead and do it. He said she did not need a permit because it is an existing structure. Two weeks later they put a stop order on it and told her she had to remove the driveway. Commissioner Dubiel is looking at the picture of where it stands now. He asked Mrs. Voutas if this is new work. He said this is an existing structure and she is simply putting in windows. Mr. Ostman said the misunderstanding is: there were only screens up surrounding this carport, whether it was done with a permit or not, in 1976 by the previous owner. At that time the previous owner requested a permit to put up a garage on the Clifton side of the parcel. He does not know what they did with this as he has no documents that pertain to it. Rich Wlodarski was trying to say if Mrs. Voutas replaces it exactly as it was, no permit would have been required. What happened sometime later is they found she was installing windows and that’s when they put the stop work order on it. Chairman Kanelos asked if the screens went all the way to the ground at the time of remodel. Mrs. Voutas said the lower half was Plexiglas and the top half was screened. All the framing was in from the beginning. Commissioner Schulter asked Mrs. Voutas why she doesn’t want to remove the driveway so she can continue with the project. Mrs. Voutas said it will cost her $4,300 to remove the driveway, level the soil and put in sod. She has a written estimate. Mr. Ostman is going to copy the estimate to make it part of the record. Page 24 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Chairman Kanelos said that estimate sounds ridiculous. Commissioner Nakanishi asked if she planned on putting in heating and air conditioning in the porch. Mrs. Voutas said no. Commissioner Schulter said he thinks Mrs. Voutas should get a couple more estimates. This seems very high. Chairman Kanelos asked if cost is the only factor. Mrs. Voutas said yes. And the driveway – if she removes the driveway she has no place to park and will be forced to park on the street. She doesn’t have a driveway on Clifton. Chairman Kanelos said you do have a driveway on Clifton. Mrs. Voutas said if she parks in the driveway on Clifton she will block the sidewalk. She’s already had a warning. She is saying the driveway on Clifton is too short. Chairman Kanelos said therefore you have 2 cars in the garage and the driveway is too short to park the third car so you have to park on the street. Commissioner Dubiel asked if there is no parking on the street in that neighborhood and if there is parking, is it congested. Mrs. Voutas said yes, there is parking and sometimes it is congested. Chairman Kanelos asked if she would have a hard time finding parking on the street. Mrs. Voutas said parking on the street is an inconvenience. Commissioner Dubiel told her she could put in a walkway from the street to the door on the North Terrace side, once the driveway is removed. He asked Mr. Ostman if she were to simply replace the Plexiglas with regular glass and replace the screens would that still cause a problem for her. Page 25 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Mr. Ostman said if she would have left it exactly as it was, there would be no problem. She is making it more of a three season room than the screened porch it was originally. Andrew Thelen, 8151 N. Clifton, Niles, IL, came to the podium and was sworn in. He is the next door neighbor. He has lived in his house for 41 years. That has been a screened porch for 41 years; a Plexiglas bottom for 20. He never saw it used as a carport. Seems like in Niles corner lots are subject to more scrutiny that regular lots. Chairman Kanelos said everywhere there are certain things that apply to corner lots that don’t apply to inside lots. That is the nature of the beast. The reason it applies more to this case is because only on a corner lot is it possible to have two driveways. Mr. Thelen said this is not new construction. The wood and the Tyvek are. The 2 x 4’s may have been replaced because of rotting, but they have been there 41 years. They take great care of their property. Chairman Kanelos said regarding the neighbor who closed in his carport and turned it into a garage, they could do that here also. That’s allowed because the driveway is going to a garage. Mr. Thelen feels this room is much better than a garage. Commissioner Dubiel asked if neighbors received notification of this meeting. Mr. Sylvester said they sent out all the required notices. Mr.Thelen said the previous owner had storm windows that he put in once in a while. Chairman Kanelos asked Mrs. Voutas if she is putting in regular windows or storm windows with screens. Mrs. Voutas answered storm windows with screens. Chairman Kanelos asked if there were other questions. Commissioner Troiani said this is a corner lot. You have to remember the Page 26 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 front of the house is on Clifton. Now they have another entrance into the house off North Terrace. They have enough room there. He wants to make sure they get the asphalt driveway out of the front of the house. Chairman Kanelos said it is a fact there was a carport there turned into a screened porch. There was a lot of discussion back and forth with Commissioner Troiani and Mr. Thelen regarding driveways, carports and porches. Mr.Thelen said the same side the driveway is on is where their back door is. Chairman Kanelos said he’d like to have another parking spot in front of his front yard too. But it is not allowed. We have to go not by what is nice but what the code is. This would be a stronger case if there wasn’t already a garage and driveway on the other side. So you put 2 cars in the garage and park 1 on the street. We have to go by criteria, not what looks good or what the neighbors like. Commissioner Dubiel asked if they were to change this to an overhead garage door this would not be an issue. Commissioner Schulter asked Mrs. Voutas what is more important to her. Having this structure and utilizing it or having the driveway. The Commissioners are in a difficult situation deciding what stays and what goes. Mr. Thelen said what if they take the wood and Tyvek down and put the Plexiglas back in. Mr. Ostman said the work is already done. Chairman Kanelos said that is a code question. It is not up to this Board. Commissioner Dubiel said if she just puts up a garage door and never uses it as a garage that would be okay. We know there is some confusion here. She thought she was replacing the same things. Chairman Kanelos said you can make an equal argument it is not apples and apples. It she puts a garage door on it, it is a garage and it meets the code. Page 27 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Commissioner Dubiel said if the code was written for appearance, people would ask us to please get rid of these things. Chairman Kanelos said we have to follow the rules of the Village and try to be the ones to interpret. He asked if there were more questions. Mrs. Voutas said the front of her house faces Clifton, not North Terrace. When you say other neighbors would like to enclose their carport, they aren’t going to be able to because they need to get to the garage. Chairman Kanelos said correct, unless they have a corner lot somewhere else in the Village. We have to think of the whole Village. Mr. Ostman said they do get a lot of these requests – converting carports into living space. Those requests are denied. Commissioner Schulter asked how many cars are parked on the driveway [on North Terrace.] Mrs. Voutas answered one. Commissioner Dubiel asked Mr. Ostman if this was a unique case. Mr. Ostman said he does not believe so. Chairman Kanelos said the goal here to meet the criteria. If you feel it does, you know how to vote. Vice-Chairman Dimond moved to recommend the Village Board deny case 13-ZP-33, the requested variation to be exempt from zoning ordinance Section X(A)(3) for an existing driveway that does not lead to an approved parking structure at 8425 West North Terrace, Niles, Illinois 60714 and require they remove the driveway within 24 months. In conjunction with that motion, the Commissioners find that the property in question can yield a reasonable return as is; there are no unique circumstances associated with this parcel; and most corner parcels in this neighborhood have only one driveway. Seconded by Commissioner Nakanishi. Commissioner Dubiel said he thought the Commissioners were trying to avoid negative motions. Page 28 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Mr. Annunzio said they should put their motion into the positive. Vice-Chairman Dimond said her goal is to bring this to a vote. Since she didn’t hear any motions being made in a positive sense and she thinks they have discussed this enough, she is staying with the motion she made. Chairman Kanelos said if you vote aye on the motion, you are voting to deny the proposal. If there aren’t enough votes to deny, he will entertain another motion. On roll call the vote was: AYES: 5 Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 1 Dubiel ABSTAIN: 1 Surace There being five (5) affirmative votes the motion carried. Chairman Kanelos recommended to Mrs. Voutas to get some other bids on the removal of the driveway. A true bid should be approximately 25% of the bid she received. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos then entertained a motion to adjourn. Vice-Chairman Dimond moved to adjourn. 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. The meeting adjourned at 9:15 p.m. Kathleen Janessa, Recording Secretary Page 29 of 30  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS November 4, 2013 Page 30 of 30