Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 The Niles Plan Commission and Zoning Board of Appeals were called to order at 7:01 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos was Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Richard Wlodarski, Assistant Director of Community Development and Bruce Sylvester, Senior Planner. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of February 3, 2014. There were none. Commissioner Dubiel moved to approve the minutes of February 3, 2014. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 PASS: 1 Surace There being six (6) affirmative votes the motion carried. ANNOUNCEMENTS March 10th joint meeting of the Plan Commission/Zoning Board of Appeals and the Building and Zoning Committee – 6:00 p.m. in the Council Chambers NEW BUSINESS 14-ZP-4 Reconsideration of a Request for approval of “Parking Credits” to allow a hair salon business at 7934 West Oakton Street, Niles, Illinois 60714 14-ZP-9 Requesting approval of a Plat of Subdivision at 8409 Shermer Road, Niles, Illinois 60714 as provided in Appendix B, Section XI(1)(3)(i) 14-ZP-10 Requesting approval of a Plat of Consolidation at 7449- 7501 Natchez Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI(1)(3)(i) WITHDRAWN BY APPLICANT Page 1 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 14-ZP-11 Requesting approval of a Special Use Permit per Appendix B Section VIII(B)(3)(hh) for an ‘e-cigarette’ kiosk at Golf Mill Mall located at 239 Golf Mill Center, Niles, Illinois 60714 WITHDRAWN BY APPLICANT 14-ZP-12 Requesting a parking variation per Appendix B Section XI(E) and a Special Use Permit per Appendix B Sections VIII(C)(3)(a); VIII(B)(3)(z); and VIII(B)(3)(tt) for a restaurant with drive-up window facilities and menu- board signage at 9102 North Milwaukee Avenue, Niles, Illinois 60714 Chairman Kanelos called for the first item on the agenda. He stated most of the audience was here for this case. He asked that each person that has a comment speak one time only until everyone is heard. After everyone has spoken one may speak again if they have something new to add. Please try to refrain from repeating. The Board will stay as long as necessary. 14-ZP-4 Reconsideration of a Request for approval of “Parking Credits” to allow a hair salon business at 7934 West Oakton Street, Niles, Illinois 60714 Bruce Sylvester, Senior Planner, presented the case. This item was first reviewed and discussed at the January, 2014 meeting. At that meeting the owners of the proposed salon requested eight hair stations and parking credits would be necessary to accommodate that request. At that time, there were six commissioners present and the vote was split – 3 ayes and 3 nays. It went to the Village Board meeting for further discussion. That Board referred it back to this Board for further consideration. Notices were once again sent to residents in the area. Since then the business owners revised their proposal. They are now willing to accept a seven station salon. Staff’s recommendation has not changed. They still feel parking is inadequate at this location. The zoning ordinance requires businesses to have off street parking. This location has only fifteen off street stalls located behind the building accessible from the alley. [The overhead projector is showing an overview of the property.] There is additional parking on the street within the public right of way. That would be eight to the west, five to the east and approximately nine along the front on Oakton. To meet this business’ needs along with the needs of the other tenants Staff believes they need sixty-two Page 2 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 stalls. Only fifteen off street stalls exist. Section X(b)(10)(nn) of the ordinance reads credits may be given against Village requirements whenever it can be demonstrated that by virtue of peculiar operating characteristics of a group of different owned uses, joint utilization of off street parking spaces will not result in a parking deficiency for any particular uses. That’s what needs to be found in order to grant parking credits. Chairman Kanelos asked if there were questions from the Commissioners for Mr. Sylvester. Vice-Chairman Dimond asked how they arrived at the number of three stations in the salon, as opposed to seven or eight. Mr. Sylvester said past practice states when there is a parking issue like this for a barber shop or a beauty salon, three stations is what is allowed. Commissioner Dubiel asked if there is some statistical analysis that came up with three stations. Richard Wlodarski, Assistant Director of Community Development, said it started between two and four years ago during the economic crises. A lot of people who lost jobs wanted to open businesses in order to make money. After some of these businesses opened, the Department took a closer look and decided three seemed to be a good number. It has worked well when there are three or less stations. This holds true for a barber shop, beauty salon, nail salon, foot massage and anything that has a station and a service. They tend to be in smaller strip centers with limited parking. If there was a request for more stations, they would have to come before this Board and request parking credits. There was no parking study done. The ordinance has been three parking stalls per station. It has worked so far. Commissioner Dubiel asked how they came up with the number of parking spots in front of the building along Oakton. He also asked what types of businesses are in this strip area. At this time there was discussion about how stalls are measured and striped. Since the spaces here are not striped, people don’t park very efficiently. Mr. Sylvester stated the businesses located at this center. 7956 – Northwest Podiatry Center Page 3 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 7954 – CA Income Tax 7952 – Schwan Electric 7948 – Jamestown Glass & Mirror 7946 – State Farm Insurance Agency 7942 – Family Dentistry 7940 – Faller Insurance 7936 – Dr. Craig Iorio DC 7934 – Proposed Salon There is no parking available behind 7956 or 7954. There are two spaces behind each of the businesses at 7952, 7948 and 7946. Behind 7936 are four spaces. Behind 7942, five spaces. These would be single car in, but they could be doubled up at some spots. The vacant space is at 7934 with a residence behind it. He stated this entire property is under parked. Commissioner Dubiel asked if 7934 met the conditions of blight as has been discussed at prior meetings referring to areas where there are vacancies. Mr. Sylvester said yes. Commissioner Schulter is Staff knew how long 7934 had actually been a beauty salon before the most recent one closed. Mr. Wlodarski said two to four years, but they only had three chairs. Chairman Kanelos asked if striping would increase the number of spots. He also asked if this would meet another goal of the 2030 Comprehensive Plan as in maintaining and strengthening the Village’s tax base with the attraction and retention of business. Also, seek an appropriate mix of commercial and retail uses throughout the Village – would it meet those criteria? Mr. Sylvester said striping would cause people to park more efficiently. And yes, it would meet both goals. There was much more discussion between Commissioner Dubiel and Mr. Sylvester about the actual number of parking spots all the way around the building. This was done while observing the overhead picture of the property. In Mr. Sylvester’s observation driving by he has not seen all the parking spaces filled. Chairman Kanelos said in his experience of driving by Page 4 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 almost daily he has never seen it filled either. Chairman Kanelos asked if there were any more questions for the Commissioners from the public. Anthony Fidanza, 8125 N. Elmore, Niles, IL 60714 came to the podium and was sworn in. He is a retired Deputy Chief of Police of the Village of Niles. He’s lives near the property in question and has driven by there for thirty years as a policeman. He has not seen it fully parked. There were no more questions from the public. The petitioners were then called to the podium by Chairman Kanelos. Laura Micki, 1134 N. Delphia, Park Ridge, IL 60068, Mark Micki, 1134 N. Delphia, Park Ridge, IL 60068 and Rosalba Karras, 2207 E. Hunter, Arlington Heights, IL 60004 stepped forward and were sworn in. Jack Achille, 8454 Chester, Niles, IL 60714 also stepped forward and was sworn in. Mark Micki thanked everyone in the audience for coming to the meeting to show their support along with the Commissioners. They really want to make this work. There was a lot of discussion about how many parking spots there are. This portion of the meeting went on for approximately thirty minutes. He said he had similar examples of identical businesses in Niles that have parking issues and they are not required to conform to the parking restrictions. Their family business has had eight stations for the past twenty- two years at their current location in Morton Grove. He presented sixteen picture boards, each with multiple pictures, of the parking areas around this entire location at 7934 West Oakton Street. Chairman Kanelos asked that the picture boards be entered as Exhibit I. The petitioners then walked the picture boards around to each of the Commissioners and explained the date stamp and location of each picture. Rosalba Karras explained more about how she took pictures at various times on various days to get a true feeling of how many cars were parked at this site and what times were the heaviest. Page 5 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 Laura Micki said the figures on the spread sheet shown on the overhead are not the same figures they submitted to the Planning & Zoning Department. Once again lengthy discussions ongoing about parking spaces and how many cars are parked there during regular business hours. Mrs. Micki said she was involved in preparing the spread sheet but the numbers on the overhead do not look familiar to her. She went to retrieve the original copy of the spread sheet from her car. Mr. Micki asked if he could finish talking about other salons in Niles that have limited parking. One is Déjà Vu, 8024 N. Milwaukee Ave. They have six stations in the salon. They have three parking spaces. Hair by Tina, 8040 N. Milwaukee Ave. It is a six station salon; they have two parking spaces. Mona’s Studio, 8052 N. Milwaukee Ave., is a five station salon and they have two parking spots. Capello & Co., 8141 N. Milwaukee Ave., is a five station salon with three parking spots. He has photographs of all the salons that have fewer than three spots per chair. These are entered as Exhibit B. Chairman Kanelos received the original spread sheet. Commissioner Dubiel asked what time they open on weekdays. Mrs. Micki answered 9:00 a.m. They arrive between 8 and 8:30. There would be two employees and maybe two patrons, so maybe four cars around 9:00 a.m. There was discussion about the spread sheet figures and how many cars would be there on weekdays, weekends, certain times of the day and of course Friday and Saturday would be the heaviest traffic. The women said they also have older clients that get dropped off by a spouse, caretaker or taxi. Mr. Micki said he mentioned to Staff before the January meeting about the other similar businesses in Niles that have parking issues but did not have to go through all this because of it. He has pictures of those businesses as well. Vice-Chairman Dimond asked if Staff acted on that. Page 6 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 Mr. Micki said he was told they would look into it. Chairman Kanelos asked if there were more questions for the petitioners from the Commissioners. There were none. He then invited the public to come forward if they have anything to add to this. The following residents were sworn in and spoke: Jack Achille, 8454 Chester, Niles, IL 60714 said he has had no problem parking there. Julie Stinnett, 2021 Woodland Ave., Park Ridge, IL 60068 said she is a business woman who dealt with Special Printing which used to occupy a space in the area in question. She never had any trouble parking there or has seen twenty-five cars parked there. Kathleen Sullivan, 8100 N. Elmore, Niles, IL 60714 said she feels this business would be an asset to the Village. Commissioner Troiani said he lives at 8012 N. Merrill. He has never been able to find a parking spot in front of this center on Oakton. He doesn’t want to see this business make a mistake and spend money when they won’t have clients that are able to get in there because of no available parking. The following additional residents stepped to the podium and were sworn in. Julia Guarnaccio, 8015 Wisner St., Niles, IL 60714 lives around the corner from the proposed beauty salon. She said she can’t walk the distance to the dentist in that center; she has to take the car. She cannot find a parking spot without going around three times. She puts up people parking in front of her house that go to this center since 1959. Anthony Guarnaccio, 8015 Wisner St., Niles, IL 60714 spoke next. He is legally blind but his wife, Julia, read his prepared statement about this issue. He thanked the Zoning Board for considering the people on Wisner Street regarding the parking problem. He wants the Board to keep the Niles motto “where people count” in mind when resolving this. No one wants to park on Oakton because of the traffic so they park in front of the residences on Wisner. Chris Stinnett, 2021 Woodland Ave., Park Ridge, IL 60068 said he is the owner of a landscaping/brick paver company and drives up and down Oakton several times a day, six days a week. There are never more than a couple of cars there. He installed the brick pavers in front of this center many years ago. There was no parking issue then and he doesn’t see one now. Page 7 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 Carmen Marin, 7910 W. Oakton St., Niles, IL 60714. She is two houses east of the beauty salon. The reason why there are so few cars parked on Oakton is because everyone who comes to the beauty salon parks on Wisner. She has lived there twenty years. When parking is too congested on Wisner, people then move to the next corner on Elmore to park. She continued about the hardship this would present. Chairman Kanelos asked if Niles puts up signs in front of homes of people with special needs, such as Mr. Guarnaccio who is legally blind. Mr. Wlodarski answered this would have to go through the Village Manager’s office and the Public Service Department would provide signage if needed somewhere. An ordinance would have to be passed to create that signage. Commissioner Dubiel said the photos show the parking area for the business on Wisner to be full of snow. Mr. Micki said it is still full of snow. He said if this passes he will take care of the snow removal for that area and also the Washington side of the center as well. He is trying to make this a win-win solution. He presented more pictures of homes and driveways at Elmore and Oakton. These pictures were entered as Exhibit C. Commissioner Troiani said the Board has to protect the people who are trying to open this business as well as the people of the Village of Niles. The residents do not own the street parking in front of their houses. It belongs to the Village. Chairman Kanelos said it seems if there is going to be a problem, it’s going to be on the homes closest to Oakton. If you live near a park in Niles and there are baseball games all summer, parking is horrible then, but it is part of that situation. You can’t say to the Park District don’t have ballgames. Dave Noggle, 2112 Woodland Ave., Park Ridge, IL 60068 came to the podium and was sworn in. He is a small business owner. He asked if there was an official survey done to determine exactly how many parking spaces there are. Chairman Kanelos said if petitioners want a parking study, it falls on the petitioner to do that study. Tonight we have an estimate based on the Village but there are probably more parking spaces than the Village estimates. But Page 8 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 it still doesn’t meet the current requirement and that is why the petitioners are looking for a variance. Mr. Noggle asked if the spread sheet shows exactly how many parking spots they need. Is there an ordinance that says three per station? Mr. Wlodarski said yes, there is an ordinance. It is for barber shops and beauty shops. Mr. Noggle said he is not sure if the petitioner is really asking for more spaces. He only needs twelve spaces and it seems there is enough. He wanted to know if the landlord was in attendance. Chairman Kanelos answered no but she was at the January meeting. Mr. Noggle asked if the rent supports three stations. He doesn’t think it does and that is why there are asking for more stations. This Board is going to come to this same issue again no matter who goes in there. Thank you. The recording secretary did not get the name of the next lady who spoke but she lives at 2100 Woodland Ave., Park Ridge, IL 60068. She was sworn in. Where she lives in Park Ridge the exact same thing is playing out. She lives around the corner from a strip mall. It is constant parking in front of her house. She doesn’t want to take business away from anyone. She is disappointed that people complain about the parking when it is public property. Chairman Kanelos said the Board is here to try to figure out what will work for the most people involved. The citizens of Niles have every right to complain about this even if he disagrees with them. Dr. Craig Iorio, 7936 W. Oakton St., Niles, IL 60714 came forward and was sworn in. He is a chiropractor and has been at this location for twenty-six years. He does not think there is a problem right now. The best way to see how many parking spots on Oakton there are is when there are cars there. You can get maybe ten cars there but no way can you get fifteen cars there and still have room to pull out. He went on to explain parking on Washington about how many cars can fit. He feels it is a system that works now. There has always been a beauty shop at the corner of this location. He thinks eight stations [now seven] could be a problem. Whatever the Board Page 9 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 decides is fine but he wanted to give his opinion. Chairman Kanelos said in the back there is a lot of snow piled up taking valuable parking spaces. Does that cause some of the problem in the winter? Dr. Iorio said it is definitely a problem. Every person is responsible for clearing their own snow. They tried years ago to get something pulled together for cleaning snow and it always fell apart. Everyone is responsible for cleaning their own front and back. You can’t push the snow over to your neighbors. You put it wherever you can. Dr. Iorio summed up by saying the Zoning Dept. has always made good decisions when it comes to this location when other things have been brought to their attention in the past. He said every person is responsible for cleaning the snow in front and behind their particular business. There is no association with the tenants to do this together. There have been at least three beauty shops. They do come and go. Seven chairs mean at least twenty cars. He is basing it on spread sheets, not on photographs. The area cannot support that many cars. If the three vacant spaces in the center get filled that means more cars. Commissioner Schulter asked if the Washington St. side of the building has been plowed yet. Dr. Iorio said he wasn’t sure. Three or four stores to the west have one owner, another owner in the middle then a third on the east side of the strip. He would think the owner of the west part of the building would have some responsibility in moving the snow. It is nothing personal about this business opening; just wants to work on the problem of parking. Chairman Kanelos asked if there were any more questions from the public for the Board. Dr. Gary Lamantia, DDS, 7942 W. Oakton St., Niles, IL 60714 came to the podium and was sworn in. He has been at this location for twenty-nine years. There is an issue with snow and plowing. The snow is plowed high on Oakton so it is hard for a passenger to get out. That is why parking is light on Oakton this time of year. It is a safety issue. There are other people beside the businesses that park there. They might carpool. There is a lot of in and out traffic in front on Oakton. In his experience the parking has been Page 10 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 workable with difficulty. There are currently three empty units on the block and no one wants to see that. We welcome new business to the area. He said Chairman Kanelos summed it up when he said the Board is not there to protect only the residents and businesses. He feels a minimum of seven chairs would bring twenty cars and that area cannot support it. He feels the Zoning Department and Development Department have done a great job over the years with this location. But Staff made a recommendation and he feels they should avail themselves to this recommendation. Chairman Kanelos said he personally believes if a business owner goes into a place of business where they can’t make a living that is their problem. He said if there is so much trouble with the parking, why is there so much snow piled? Who is responsible to clean it up? He knows the dentist doesn’t have the answers but doesn’t understand if parking is such a problem, why isn’t the snow removed so they can utitilize all the parking stalls. Dr. Lamantia said that from the last meeting he understands each building owner is responsible for his own property. This winter has been overwhelming with snow; there is just nowhere to go with it. Commissioner Dubiel asked the business owners if all seven chairs would be in use constantly. Mrs. Micki answered that all chairs would only be used on Saturday. Everyone there works part-time so the other days there would be approximately three or four stations in use at the same time. Mr. Fidanza spoke again. He does feel for the people complaining about the residential parking. But as Commissioner Troiani said there is no special residential parking in the Village of Niles. His mother lives at 8350 Greenwood and people from Lutheran General park up and down that street. The police do side with the citizens if cars are blocking driveways or alleys; but it is a free country and people can park where they want. It’s unfortunate when you live around a business but that’s just how it is. Everybody that comes to this town counts, not just the residents. Luella Preston, 9267 N. Maryland, Niles, Illinois came to the podium and was sworn in. She used to be a member of the Planning and Zoning Commission and was also a trustee. She has always respected the Staff report and usually accepted their opinion. In the January minutes it states “Staff Page 11 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 recommends these parking credits be denied due to a severe shortage of parking in this commercial strip center located between Washington and Wisner on the north side of Oakton.” As Mr. Sylvester summarized the center provides only 30% of the required off street parking stalls as required by the Village of Niles. She is familiar with the area and has gone by the area numerous times including this afternoon [March 3]. There were no parking spaces available at 7952 because it is filled with snow in the back. Same with 7948. There is another space filled with snow so that eliminates five spaces in the back. In front there is still snow and ice since the plows can’t get all the way to the curb. Traffic on Oakton moves quickly and it is not easy to parallel park there. She wondered if Staff had statistics about the percentage of required parking for six chairs, five chairs, four chairs, etc. She would like the Commissioners to look at the facts and she supports the Staff’s recommendation. Dr. Lamantia came to the podium again. He is not opposed to a business locating in that space but it should be reasonable. He said he lives near a park and understands that means putting up with ballgames and the like; but if the park wanted to add a roller coaster that would not be reasonable. This situation is similar in that a business should be allowed but not one that will create parking problems. Mrs. Guarnaccio spoke once more. She is not opposed to having a beauty salon at the location. She is concerned about the people being there all day long and then she can’t park in front of her own home. But she does wish them good luck in their business. Mr. Micki said they just want to be good neighbors. He wanted to let the doctors know that he cares about their clients as well as his own. They will not take up prime parking locations. He is looking to rent a few parking spots for his staff farther west at the vacant electric company. Vice-Chairman Dimond asked if a condition of approval could be requiring employees to park further away from the business. Mr. Wlodarski said this is not a variance; it is a request for parking credits. It is unclear if there could be a condition attached to it and the Village Attorney is not at this meeting for clarification. Mr. Sylvester said this is not a request for Special Use. Page 12 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 Chairman Kanelos said there were no more comments. He then entertained a motion. Commissioner Dubiel moved to approve the reconsideration of a request for “Parking Credits” per Section X(B)(10)(nn) to allow a hair salon business at 7934 West Oakton Street, Niles, Illinois 60714. The finding of facts have been heard and demonstrated that by virtue of the peculiar operating characteristics of group of different land uses and joint utilization for off street parking spaces will not result in a parking deficiency for any particular uses. The applicant has provided detailed data to support the information documenting this proposed parking credit. He added a condition that employees do not park on Wisner. Also a condition that the petitioner will clear the snow. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 5 Dimond, Surace, Schulter, Dubiel, Kanelos NAYS: 2 Troiani, Nakanishi, There being five (5) affirmative votes the motion carried. 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 14-ZP-9 Requesting approval of a Plat of Subdivision at 8409 Shermer Road, Niles, Illinois 60714 as provided in Appendix B, Section XI(1)(3)(i) Mr. Sylvester said this request is for the northeast corner of Shermer Road and Main Street. The overhead photograph is on the screen. This is an undeveloped parcel surrounded by other platted lots occupied by single family homes. Staff recommends approval. It would also have to be approved by the Village Board. George Cahill has submitted this proposal to subdivide this parcel into four lots. The zoning currently is residential and his intention is to build four single family homes. Staff believes this would comply with the Village’s Comprehensive Plan. Part of the plan is to provide for desirable Page 13 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 housing; a vision statement to provide quality residential neighborhoods; also a goal to promote residential development; also a plan to accommodate residential renovation and redevelopment through an expedient and flexible, yet thorough, permitted process. The zoning on this parcel is R2. The proposed lots in this subdivision do meet all the requirements in the Village’s zoning ordinance for R2 district. The right of way for Main Street is not very wide and the Village request that land be dedicated for right of way in development. Staff has asked the applicant to agree to dedicate right of way along Main St. His property would be reduced in size and Main Street right of way increased. The right of way is just the public land, not the pavement. The plan is to widen Main Street pavement to maintain it as a one way street. The area north of Main Street and east of Shermer had been platted as a cemetery many years ago. The subject property was included in that area. There has been no evidence that this area was ever used for burials. The fire and police departments have no comments regarding the proposal. Engineering had technical comments that are included in the Staff packet. Findings of fact said the one house on the property will be demolished and developed with four new homes. It accomplishes several goals of the Village’s 2030 Comprehensive Plan. The parcels will comply with all applicable zoning requirements regarding lot size. Chairman Kanelos asked where you go to determine if there were burials there. Mr. Sylvester said he and Mr. Ostman went to the Cook County Recorder’s office and went through old plat books. There was nothing that showed it was ever used for burials. They also went through old aerial pictures looking for gravestones. Other areas further north and east do show up as having gravestones. Commissioner Troiani asked if anyone paid attention to garages or off street parking for this area. Will there be room for four houses when you start adding driveways. Mr. Sylvester said at this point they are only reviewing the plat to create parcels. The lots meet the minimum requirements for the zoning district. They are large enough to accommodate a house and a garage. Page 14 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 Vice-Chairman Dimond asked why it wasn’t developed like the rest of the land around it. Mr. Sylvester said he did not know. The home on the site was most likely the caretaker’s home for the cemetery. Possibly for that reason the owner never wanted to sell. Commissioner Dubiel said there was information missing from the packet regarding the engineering report. This isn’t the first time information has been missing and it is really important they get all the facts. Chairman Kanelos asked if there were any more questions for Mr. Sylvester from the Commissioners. There were none. He then called the petitioner to the stand. David Cahill, Cahill Builders, owner of the property, was sworn in. George Cahill, attorney for the petitioner, 6041 W. Montrose, Chicago IL 60634 did not need to be sworn in. George Cahill explained to Vice-Chairman Dimond the right of way proposed to the Village was all trees. The surveyor said the gentleman who lived on the property planted those trees in the right of way so the Village couldn’t take the road from him. He then explained to Commissioner Troiani there are three interior lots just shy of 60 ft. wide. There is plenty of room for a driveway and a garage. He made sure there was nothing in the history of these four lots about burials. There was a functioning cemetery farther north, next to the animal hospital on Waukegan Rd., that had headstones. Chairman Kanelos asked if there were any more questions from the Commissioners or the public. Mort Skidelsky, 7550 Kostner, Skokie, IL came forth and was sworn in. He clarified that he spent several years reviewing the Morton Grove/Niles Jewish cemeteries. The whole area from Main Street to what had been Shermer Park was one big cemetery. This is Lot 7 of the subdivision of the cemetery. There is a plat of survey in the Recorder’s office of the entire cemetery. There were eleven lots. Most of the cemetery had not been developed. The Village might want to vacate the cemetery. Strong indication in his research says the reason Lot 7 was not picked up for development Page 15 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 along with the other parcels was because there were paupers’ graves in this area. It was done according to Jewish tradition at the time. There were no vaults, no caskets – buried in shrouds. It is very hard to determine a grave today. There was a problem years ago on Hamilton Drive where there were graves disturbed by construction. He was involved in preserving surrounding burial areas. He doesn’t have all the plats with him tonight. Commissioner Schulter asked how they can agree to vacate a cemetery if they don’t know for sure if there are burials there. Chairman Kanelos asked Mr. Sylvester what problems could arise if during the course of excavation there are remains found. Mr. Sylvester said he believes there are laws that work needs to stop if remains are found. Certain rules fall into place. Mr. Sylvester spoke with Mr. Annunzio, Village Attorney, and was advised that if there is no concrete evidence there are remains, the Village is not in a position to deny this request. Mr. Cahill said it was never platted as a cemetery. If you look at the tract book it was sold to a cemetery association with a subsequent transfer a year later. Also, the Bach family has owned the property since 1939. There was also a sort of barn behind the house as well. The builder is aware if he comes upon human remains during development he has to follow a legal process. Chairman Kanelos asked Mr. Skidelsky if he opposes this request or if he is being precautionary. Mr. Skidelsky stated he feels it is a cemetery. He thinks it would be best if it was not developed. Commissioner Schulter said if there is no evidence people are buried there then the Board would have to approve it. If the developer finds something, he has to report it and go through a legal process with the state. There was lengthy discussion between Mr. Skidelsky and the Commissioners about the definition of Lot 7 being used as a burial ground. Page 16 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 Chairman Kanelos asked if there were any more questions from the Commissioners or the public. There were none. He entertained a motion. Commissioner Dubiel recommended the Village Board approve Plat of Subdivision entitled Woodland Estates 8409 Shermer Road, Niles, Illinois 60714 as provided in Appendix B, Section XI(1)(3)(i). Seconded by Commissioner Schulter, 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 final item on the agenda. 14-ZP-12 Requesting a parking variation per Appendix B Section XI(E) and a Special Use Permit per Appendix B Sections VIII(C)(3)(a); VIII(B)(3)(z); and VIII(B)(3)(tt) for a restaurant with drive-up window facilities and menu- board signage at 9102 North Milwaukee Avenue, Niles, Illinois 60714 Mr. Sylvester presented the final item. This is a property that was previously occupied by Pizza Hut Restaurant. The applicants are proposing to convert it into a Hardee’s Restaurant that would have a drive-thru facility. Staff recommends to approve. This request is for a Special Use permit for a seventy-five seat restaurant with drive-up window facilities. That includes menu board and signage. The parking on the site is less than what the ordinance would normally require. Therefore the applicant is requesting a parking variation. Staff is recommending approval for that with two conditions: 1) A privacy fence that is around the perimeter of the site is in disrepair. They need to repair and maintain that fence. 2) After the snow melts, Staff wants to make sure there is adequate landscaping on the site. If Page 17 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 additional landscaping is required, the petitioner would be required to take care of that. They are proposing seventy-five seats which translates into forty-seven parking stalls required. The site only has thirty-seven. They are about 21% short. Hardee’s has assured Staff they have other locations in the Chicagoland area that have thirty to thirty-five spaces and that is more than sufficient. Staff believes it would further the goals of the Comprehensive Plan. Since this is a vacant building, a new business would combat blight. It would help and maintain the Village’s tax base. It would help in seeking commercial and retail uses throughout the Village. Adjacent land use is primarily commercial. There were no comments from the police and fire departments. Engineering had a comment about the sign they thought might be in the right of way, which is not the case. The findings of fact for the Special Use and the menu board have been met. The findings of fact for the parking variation have also been satisfied. Legal notice was sent to all neighbors and published in the newspaper. Chairman Kanelos asked if there is a left turn lane into the property if you are heading north on Milwaukee Avenue. Commissioner Schulter said yes. Mr. Sylvester said you can turn left into the property from either direction. Commissioner Troiani said the garbage area is close to the Rustic Fence Company. Is there a way to move it to a different section? Mr. Sylvester said if the property to the north were residential, he might be able to do more about recommending the garbage area be moved. However, it doesn’t look from the site map there is anywhere else to move it. Chairman Kanelos asked if there were any other questions from the staff. There were none. There were no questions from the public either. He said the petitioner is free to speak but doesn’t think it is necessary. He entertained a motion. Commissioner Dubiel moved the Village Board approve a parking variation per Appendix B Section XI(E) and a Special Use Permit for a seventy-five restaurant with drive-up window facilities and menu-board signage per Appendix B Sections VIII(C)(3)(a); VIII(B)(3)(z); and VIII(B)(3)(tt) at 9102 North Milwaukee Avenue, Niles, Illinois 60714. The Page 18 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 3, 2014 existing perimeter shall be maintained at all times. Community Development shall inspect landscaping in the spring of 2014. The applicant shall provide additional landscaping should it be necessary. The findings of fact are met. 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. 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 10:00 p.m. Kathleen Janessa, Recording Secretary Page 19 of 19