Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 The Niles Plan Commission and Zoning Board of Appeals were called to order at 7:03 P.M. [This meeting was held in the 2nd floor Conference Room of the Village Hall.] Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present with Chairman Thomas Kanelos was Vice-Chairman Karen Dimond. Also present were Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Bruce Sylvester, Senior Planner, presented the three items on tonight's agenda. Also present was Stu Chapman from Municipal Services Associates. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of November 3, 2014. There were none. Commissioner Dubiel moved to approve the minutes of November 3, 2014. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. OLD BUSINESS 14-ZP-35 Requesting a Special Use Permit and an amended Planned Unit Development per Appendix B, Section XI (H)(6)(B)(5)(b) to allow Verizon Wireless to install cell phone antenna and equipment on top of the building located at 8801 West Golf Road. NEW BUSINESS 14-ZP-39 Requesting a sign variation per Village Ordinance 78-209 to allow Tony's Finer Foods to exceed the allowable signage at 8900 North Greenwood Avenue. 14-ZP-40 Requesting a variation to rear yard set-back requirements in the R-2 zoning district as provided in Appendix B Section VII (C)(10) to allow a new single family house at 7532 West Kirk Drive. Page 1 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Chairman Kanelos called for the first case to be presented this evening. 14-ZP-35 Requesting a Special Use Permit and an amended Planned Unit Development per Appendix B, Section XI (H)(6)(B)(5)(b) to allow Verizon Wireless to install cell phone antenna and equipment on top of the building located at 8801 West Golf Road. Bruce Sylvester, Senior Planner, presented this case. This case was heard and tabled last month awaiting more information from Stu Chapman of Municipal Services Associates. He is the Village's technical consultant. Mr. Chapman included in his report conditions to be recommended to the Village Board if this case were to be approved. The Staff recommends this go to the Village Board for final approval. This pertains to the building at 8801 West Golf Road. He will give the report on the zoning portion of this request. When finished, Mr. Chapman will be available to answer technical questions regarding this petition. The three recommended conditions of approval are: 1) all rooftop equipment must be painted to match the existing penthouse on top of the building [this condition was in last month's report]. 2) warning signage be installed restricting the rooftop to authorized personnel only 3) entry doors to the roof be locked at all times with keys distributed only to authorized personnel that would have access to the roof. This property is zoned residential with a planned unit development overlay. That zoning was assigned when this property was annexed to the Village. Typically in Niles cell phone antenna are not allowed in residential areas but they are allowed on residential buildings. An example would be the tower at 9201 Maryland. That building has commercial zoning. The building considered tonight has residential zoning. On page 2 of the Staff report is information that ascertains if this request is in line with the Village's Comprehensive Plan. Staff believes it will accomplish one of the goals. That would be providing reliable infrastructure to the residents and businesses within the Village; that would be telecommunications infrastructure. Safety concerns were raised last month. Mr. Chapman can address those concerns including what can legally or not legally be considered regarding this request. As discussed last month there were no concerns from any other Village departments. There are specific questions in the ordinance that need to be satisfied in order to grant a Special Use permit. First, is the Special Use necessary for the public convenience at that location. Staff's opinion is that it Page 2 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 will enhance cell phone service to the Niles community. Second, is the Special Use so designed, located and proposed to be operated that the public health, safety and welfare will be protected. Staff believes yes. Last, will the Special Use cause substantial injury to the value of other property in the neighborhood in which it is located. Staff believes it will not. Legal notifications for mailings and newspaper were satisfied. This item requires Village Board approval and it is scheduled on the December 9th agenda of the Village Board meeting. The applicant is here tonight. New tonight is the written report from Stu Chapman that was not included in last month's packet. Any time cell phone antenna are proposed to the Village, in addition to reviewing the proposal for zoning compliance, Staff has Mr. Chapman review each request for technical compliance. An aerial photo is now on the monitors. Chairman Kanelos asked if there were any questions for Mr. Sylvester from the Commissioners. Commissioner Dubiel asked how the notices were sent out to residents and businesses. Mr. Sylvester said he uses the computer mapping program when sending out notices. That notice went out around a 250 ft. circle from the subject property. This was one of the larger mailings of approximately 400 to 500 notices sent. Commissioner Dubiel asked Mr. Chapman if there was a warning sign presently on the door to the roof. He also asked if the door is locked at all times. Mr. Chapman said to his knowledge there was no warning sign. He does not know if the door is always locked. Commissioner Schulter asked if the three buildings are condominiums or rental units. Mr. Sylvester said they are condominiums. Commissioner Schulter asked if there is an association involved in these mailings. Page 3 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Mr. Sylvester said the notices are not mailed to associations. Staff goes by the tax rolls of Cook County. Each owner would be sent notification. However, if the unit is rented out, the occupant would not get the notice. The owner would. Commissioner Schulter said wouldn't the associations notify the residents. Mr. Sylvester said as the Planning and Zoning Commission, they are required to notify the residents directly. Commissioner Schulter said generally if someone wants to put something on a condo building, the association has to approve it. Derek McGrew, Cell-U-Site, 103 Hillshire Ct., Noblesville, IN said each of the three buildings has an association and one overlay. So four associations were notified. There were four meetings regarding this installation. Mr. Gaynor said the access to the roof is locked. It is opened by authorized personnel only. Chairman Kanelos said it is safe to assume every property owner was sent a notification. Mr. Chapman said the general parameters of the installation are included in the Board's packets. Verizon has sought to install three antenna panels mounted to the top of the building. Two of them would be mounted on the wall of the penthouse. The other would be mounted on an equipment shelter which is to be installed on the rooftop. He then went into a more technical explanation of all the equipment that would be inside the equipment shelter. Chairman Kanelos said the Board received some emails about how they, as a local zoning board, can and cannot consider in whether or not to grant this request. One states no state or local government or instrumentality thereof may regulate the construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the commission's regulations concerning such emissions. He then asked Mr. McGrew if Verizon's facilities comply with federal commissions regulations. Page 4 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Mr. McGrew said yes they do. Chairman Kanelos then said are they [the Board] by federal law prevented from considering those issues even if they are brought up by the residents. Mr. Chapman said yes, they are preempted by FFC regulations and 1996 Federal Communications Act. Vice-Chairman Dimond said the provision Chairman Kanelos just read means they can't consider environment effects. Is that defined in the code? Mr. Chapman said no but it refers to health effects of radio frequency. The intent of the FCC and Congress when they were considering this portion of the telecommunication act was to restrict the authority of the FCC. On all matters concerning standards regarding radio frequency emissions, Congress enacted a field preemption where anyone but the FCC is preempted in considering this in their decision to assign a wireless facility. Courts over the years have held firm on this point. The FCC itself also is adamant about not creating the potential of thousands of different interpretations of what their standards are for radio frequency emissions. They basically cornered the market on determining what those standards are, how they can be interpreted and whether or not a carrier is complying with them. Vice-Chairman Dimond asked if a resident is concerned about the health effects, where would they go to voice that? Mr. Chapman said the FCC handles those matters. He then announced his name and said he is president of Municipal Services Associates. His firm is a consultancy that works with cities, counties and non-profit organizations on wireless and wired technology issues. MSA has been conducting consulting on these issues since 1991. He has been doing wireless consulting on cellular installations since 1996. The firm specializes in working with communities on wireless tower sitings, wireless ordinances and wireless regulations and soon to be helping them understand new changes to FCC regulations wireless facility sitings. They have worked with the Village of Niles since 1995. Chairman Kanelos asked Mr. McGrew if he had anything to add to this presentation. Mr. McGrew said it was all pretty much covered. He said he works for a Page 5 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 variety of carriers besides Verizon. He is responsible to Verizon for locating the proper area for antenna. They give him a map and say "this is where we need to improve our coverage." His job is to find a tall building, a water tower or something they can use to fill the coverage hole. In this scenario he was lucky enough to find a tall building without the need to build a new tower. They went through the process of leasing the building through the association and are now following the process of zoning with the Village of Niles. Commissioner Schulter asked who he approached when Verizon gave him this assignment. Mr. McGrew said he drove up, asked a man outside working on the pool who to talk to. He referred him to the president of the homeowner's association. Commissioner Dubiel said he understood there were four condominium meetings. Mr. McGrew said yes. Chairman Kanelos asked if there were more questions from the Commissioners. There were none. Now is the time for public comment. Michael Gaynor, president of the homeowners' association and president of Highland Towers Association, 8815 W. Golf Rd., Niles, IL #6B, was sworn in. When approached by Mr. McGrew to see if he was interested in this proposal, he asked the homeowners' association board because at that time they did not know which of the buildings Verizon was looking at. The homeowners' association had a meeting and approved the ability to have a cell antenna put on one of the roofs. They also did a sharing agreement between the three associations so that whoever got the cell agreement would get 3/7 of the money. The other two associations would get 2/7 each. In the March 2014 meeting the lease agreement was approved at the board meeting for building 8801. That meeting was open to all members. The lease then went through their legal experts to make sure of any riders or addendums that needed to be applied. Agendas were put up in all elevators. Chairman Kanelos asked what is their legal notification. Mr. Gaynor said ten days before the meeting, notices have to be posted at Page 6 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 several locations within the building. Notices do not get delivered door to door. They usually meet five times a year. From March to November it is every other month. Ned Serdarevic, 8801 W. Golf Rd., Niles, IL #12B was sworn in. He said he opposes this because of health reasons. He doesn't feel it is appropriate to have this on the roof right above his head. Barkat Virani, 8801 W. Golf Rd., Niles, IL #12A was sworn in. He did not know about the March meeting. Did not read the agenda. He feels it is a health hazard. He is on his second pacemaker. He is not allowed to go through airport security; not allowed to go in front of a microwave. He found an eighteen page FCC document and made copies to pass out tonight. He highlighted how susceptible a pacemaker is to these kinds of radio waves. He does not want to become a case study. This is a life and death situation. He feels the Board is responsible for every person in the community. Niki Tsakalis, 8801 W. Golf Rd., Niles, IL #12D was sworn in. She is the only one who attends every meeting of the association. She never heard about the cell antenna. The first time she heard about it was from Bruce Sylvester's notification. And she was the only one from the building who came to the November zoning meeting. Chairman Kanelos questioned whether or not she was notified. Mrs. Tsakalis said she never heard of it. She said she never saw it. Mr. Serdarevic said he did not see notification either. But he wasn't looking for it. He said the association does a good job of posting notices but people don't always read them. Jennifer Krasnik, 8801 W. Golf Rd., Niles, IL #6A was sworn in. She drives through the nicest areas of Deerfield on her way to work and wondered why her phone doesn't work. It is because they don't want cell phone towers in their nice residential areas. She feels it affects property values and also safety. If she knew there was a cell phone antenna on top of the building, she would not buy the unit. In the '60s there was an area in Niles called a cancer cluster. She doesn't think they should risk this again. The bottom line is you don't know the potential hazard. Page 7 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Vangelis Economou, 8801 W. Golf Rd., Niles, IL #8B was sworn in. Was there any consideration that the residents had to be notified before the lease was entered into? Mr. Gaynor said their duty as a board is to notify residents via the meeting announcement, post the agenda, then anyone who wants to, after the minutes have been approved of the prior meeting, can ask for the meeting minutes at anytime. Mr. Economou asked if the agenda has a specific reference as to items that will be discussed at that particular meeting. Mr. Gaynor said in this case the homeowners' agenda stated cell antenna sharing agreement. They did not know which building it would go on at that time. It wasn't bolded or highlighted. He can ask the management company for a copy of that agenda. Also, the association has changed management companies since that meeting. Vice-Chairman Dimond said whether or not the condo association properly entered into a contract with Verizon is not something the Board can determine or address. Chairman Kanelos said he is only concerned whether the people who live in the building were notified this antenna was proposed in the first place. It is clear from several people it was posted. Mr. Serdarevic said according to the by-laws a signed contract can be overturned by the homeowners with signatures of 66% of same. Commissioner Troiani asked Mr. Chapman if this particular program would affect the health of these people. Mr. Chapman said he cannot give an opinion on environmental factors as stated in the law with respect to how proper this project is. They looked at the project as to where it fit within the zoning parameters established by the Village; what the project would do as far as improve communications in the area; whether it was subject to federal regulations. He discussed with Mr. McGrew if perhaps Verizon should do its own study regarding FCC regulations on radio frequency. Federal law in 2013 was changed to what is called co-location by right. There will be new rules adopted shortly. Because Page 8 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 this is a first time project, the Village could consider substantial modifications. The government specifically prohibits the Village from making its decision on health and environmental factors. That is completely 100% the authority of the FCC. Chairman Kanelos said with that in mind he will take questions from the citizens about health factors but he will not take any more questions from the Commissioners on that subject. Vice-Chairman Dimond asked what does co-location of right mean. Mr. Chapman said the government grants a wireless provider the ability to co-locate a facility on a building, on a tower, a rooftop without the municipal authority's ability to stop it. An example would be if a wireless provider wants to put a facility on a tower or a building and it is a minor modification, not an all new project, or other criteria that is considered minor modification and the Village can't deny it. In this case this is a first time project, there is no other wireless facilities on this building, it is considered substantial modification on this building and the Village can subject it to its Special Use process. Vice-Chairman Dimond said if they allow one cell company to put an antenna up there and other companies come along, they have to allow them to put an antenna up also. Mr. Chapman said it would depend on the nature of the project. It would be an uphill climb to deny additional antennae. Mr. Sylvester said the reason the Community Development Department contracts with Stu is because there a lot of legalities, a lot regulations and this department doesn't have the expertise to handle it. When a proposal comes in it goes to Stu and he evaluates it regarding federal law. Community Development evaluates according to zoning law. Commissioner Dubiel said Mr. Chapman knows that are three Findings they have to meet in determining the case. The first two can be met. For the third, substantial injury to the value of property, can they use health for that issue as well for reducing the value? Mr. Chapman said the Board is pre-empted from that on all aspects. There Page 9 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 have been some decisions regarding that and he suggests discussing it with the Village Attorney. If the Board denies or accepts this proposal, you have to have support to back up the reasons. Vice-Chairman Dimond said this might be nice for the public convenience, but not necessary. Regardless of whether or not there is a health issue, the presence of this cell antenna may make it difficult for the property owners, especially those in the penthouse area, to resell. She feels they can consider the property value would be diminished. Bob Selzer, 3801 Apian Way, Glenview, IL (formerly of 8833 Kay St., Niles) was sworn in. Power tension wires were in his backyard when he lived in Niles. It was said the voltage from the towers was detrimental to peoples' health. Then it reduced our property values. When they found out the wires didn't cause physical or mental harm to people, the property values went back up. He happened to sell before that finding came through and lost money, but the value of those homes came right back. Mr. Serdarevic said he has a couple of properties in that building. If he'd known they would put a cell antenna on that roof right above his head, he would never have bought in that building. Mr. Sylvester pointed out the property owner is usually the applicant. This situation has the homeowner's association applying for the permit but members of the association are opposed to it. It is a strange situation. The homeowners' association will derive some financial benefit from the lease that in turn will be used to maintain common areas. Commissioner Schulter asked if Mr. McGrew has actually placed cell antenna on penthouse walls in the past. Mr. McGrew said yes, in Omaha. He can't think of any in this area. Commissioner Schulter asked if this will be the first antenna on any of the roofs, or is there existing antenna on the other roofs in the complex. Mr. Gaynor said no, there are no other antenna. There is a complex, Golf Towers, directly west of this. It is in unincorporated Des Plaines. They have antenna on the roofs. Page 10 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Commissioner Nakanishi said if people who live in these buildings participated more in their homeowners' associations, this would have been hashed out before it got to this point. Mr. Economou asked Mr. McGrew how big was the footprint you had to look for. Mr. McGrew answered 1/4 mile radius. The only way it could go anywhere else would be to build a tower. It is much more complicated to build a tower. Many more people show up against a tower because it is an eyesore. It is unlikely you would see anymore installations on this building. There could be some others in the complex. But with the neighboring towers in Des Plaines having cell phone antenna there probably would not be a need. Mr. Economou said you'll notice Mr. Gaynor does not live in that building. Commissioner Dubiel addressed Mr. Gaynor as the president of the Homeowners' Association. Mr. Gaynor said the only way you can be on the board is if you own a unit in the building and he does. There are 109 condo units. Commissioner Dubiel asked if he signs other contracts as president. Mr. Gaynor said yes, that are voted on by the board. Commissioner Dubiel said therefore the contract you signed with Verizon, you signed as the legal representative. Mr. Gaynor said yes. Chairman Kanelos said once that antenna is placed on that building, it will be hard to deny placing another one on that building. Mr. Chapman is trying to give us the information to make a decision on behalf of the citizens. Mrs. Tsakalis said the board voted on this without even telling them. Mr. Selzer said he has an investment in this building, he's on the board and attends the meetings. This was all brought up at the meetings properly. Page 11 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 He's happy to see the additional income come into this building to help with improvements. Mr. McGrew said if he were able to use one of those buildings to the west of this complex in unincorporated Des Plaines, he would have submitted an application, some construction drawings and been done. He knew this item in Niles would be a Special Use process with hearings because they need it where they need it. Mr. Virani stated again he does not believe this is the right thing to do. Niles doesn't care for its citizens and does not care about their health. Chairman Kanelos said they are precluded from discussing health issues because of the law. But they care about their citizens. Commissioner Dubiel asked Mr. McGrew to explain shadowing again. If they use the other buildings, it would block the service to the northeast. Pawal Zawitaj, 8801 W. Golf Rd., Niles, IL #5D was sworn in. [It is very difficult to understand him]. He's lived there 26 years. What kind of waves come off this antenna. How many watts is the power? Mr. McGrew said horizontal waves. Mr. Chapman answered 20 watts. Mrs. Tsakalis had questions about how many meters high is this. Mr. Chapman explained all the size differentials and said this in to be on the wall of a heating and air conditioning penthouse, not a residential one. Mr. Sylvester said they need to evaluate a request under whatever rules are in place when the request is submitted. Whatever is in effect in March 2015 doesn't affect this. Commissioner Schulter asked about the warning sign and authorized personnel only. What is the reason? Mr. Chapman said only people there for an intended purpose should be on Page 12 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 that roof. HVAC, Verizon, etc. There are people who like to go onto rooftops and it is a concern about electronic equipment and theft. Warning signs are not an uncommon feature. Mr. Selzer said if everyone here would dig in their pockets they would come out with a cell phone. And that's what they are fighting against. Mr. Zawitaj spoke again. If they got 66% of owners signatures to back out of this, would it help? Chairman Kanelos said that has nothing to do with the Zoning Board. Mr. Economou asked if there is some way to shield the rays. Mr. Chapman said he can't consider it because once again it is about health. Chairman Kanelos thanked everyone and said the fact the Board can't consider health issues does not mean they don't care about the citizens. He entertained a motion. Commissioner Dubiel recommended to amend the Planned Unit Development and approve a Special Use permit to allow Verizon Wireless to install cell phone antenna and equipment on top of the building located at 8801 West Golf Road per Appendix B, Section XI(H)(6)(B)(5)(b) with the following conditions of approval: 1) all rooftop equipment must be painted to match the existing penthouse 2) warning signs be installed restricting the rooftop to authorized personnel only 3) the entry door to the roof be locked at all times and keys distributed to those personnel with authorization to access the rooftop In regard to the Findings of Fact, Section XI(H)(4), the standards have been met. Is the Special Use necessary for the public convenience at the proposed location? New evidence at this meeting and the previous meeting is that this is necessary for Verizon cell phone customers to receive service. Is the Special Use designed, located and proposed to be operated so that the public health, safety and welfare will be protected? Given the FCCs ruling, yes, and Stu Chapman's report. Will the Special Use cause substantial injury to the value of other property in Page 13 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 the neighborhood in which it is proposed to be located? No, no evidence has been entered. Chairman Kanelos asked how many penthouse units are there? The answer was four. There were three of those residents in attendance. Seconded by Commissioner Troiani, on roll call the vote was: AYES: Dubiel, Troiani NAYS: Dimond, Surace, Nakanishi, Schulter, Kanelos There being five (5) negative votes, the motion failed. Chairman Kanelos stated 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. NEW BUSINESS 14-ZP-39 Requesting a sign variation per Village Ordinance 78-209 to allow Tony's Finer Foods to exceed the allowable signage at 8900 North Greenwood Avenue. Bruce Sylvester gave the details of the next item on the agenda. This is a request for a variation not from a zoning ordinance but the Village's sign regulations contained in chapter 78, article 5, division 3, section 78-92 specifies how much signage is allowed. The request is for Tony's Fresh Market. Normally they would be allowed 500 sq. ft. of signage total. They currently have more than that amount as they were granted a variation in the past. They can currently have 638 sq. ft. They are requesting to increase the amount of their signage because of their rebranding campaign. The total signage area would then be 724.9 sq. ft. The variation would be 224 sq. ft. more than the 500 sq. ft that is allowed. This request was circulated to the other departments. None had any comments or concerns. Staff believes one of the goals in the Comprehensive Plan would be met if this variation is granted. Specifically signage, landscaping, parking lot improvements would significantly improve the overall appearance, function and character of the Village's commercial areas. So it is the function portion of that statement Page 14 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 that works. Staff did not provide opinion on this request and are remaining neutral. The requirements are satisfied and they are in the packet on page 2. They can be referred to in making a motion. Legal notifications were provided. Sign variation requests require mailed notifications to all the adjacent property owners. It is a different type of notification as required by a Special Use request. Due to the timing, this will not go to the Village Board in December, but will be heard at the Village Board meeting in January 2015. Included in the packets is a location map showing the site at the southwest corner of Greenwood Avenue and Ballard Road. This information is now shown on the monitors. Vice-Chairman Dimond asked how this will change the function of the commercial area. Mr. Sylvester said in looking through the Comprehensive Plan, this is the one area where you could argue that by allowing this business to increase the size of the signage it does help them improve the function of their business by allowing more advertising and/or signage. Vice-Chairman Dimond said wouldn’t that be true of any other business. If they put up a bigger sign it would be more noticeable. Mr. Sylvester said yes. Commissioner Dubiel wanted to follow up on the comment that this would improve the function as more signage would improve their ability to sell, etc. Niles has a sign code. Tony's has already been given a variance of 28% and now they are requesting another variance of 45%. He doesn't believe it is unreasonable. What is unreasonable is the Village's sign code. This is a concern. He is concerned to vote yes on this for one reason: the sign code needs to be changed. He went on to explain things he thinks are wrong with the code. Chairman Kanelos asked if Commissioner Dubiel could please keep this discussion to the item at hand. The is not about the sign code. It is about a variance for Tony's. Chairman Kanelos asked if there were any more questions from the Commissioners for Mr. Sylvester. There were none. He then called on the petitioners to be sworn in and speak. Page 15 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Jim Marnos, Tony's Fresh Market, Program Director and Human Resources Director and part of the Marketing Team, 1200 Bryn Mawr, Itasca, IL 60143 Robert Whitehead, owner, Olympic Signs, 1130 N. Garfield, Lombard, IL 60148 Robbie Whitehead, Olympic Signs, 1130 N. Garfield, Lombard, IL 60148 Robert Whitehead said this is a rebranding. Tony's is going from Finer Foods to Fresh Market. That is on all the signage. There are copies of all the signage in the Commissioners' packet. This is an upper and lower case style. Where the Finer Foods was more aggressive in the block letter style, this new style is a much softer approach and is actually less square footage. It ties in with the rebranding. He has provided their signage since early 2000. The illumination is LED. He then described how the new signage will look. Anything that says Finer Foods will be changed to Fresh Market. There is also a Chase sign. It counts in the calculation. However, this request has nothing to do with the Chase portion of the signage. Mr. Sylvester said the numbers included in this staff report include all the signage. Vice-Chairman Dimond said they are interested in not what it says but the size. She can see the Fresh Market in the center is taking up 179 ft. whereas Finer Foods took up 92 ft. That accounts for some of the increase. But she doesn't understand what else is changing in size. Mr. Whitehead said that is the only thing changing. Chairman Kanelos said then because of the font style, the measurements required have grown. It is not an intention to make a bigger sign. But by changing the font it makes it seem larger. Vice-Chairman Dimond asked if there is another change. There are changes within the packet that contradict one another. Mr. Whitehead said the sign itself is not changing. They are merely changing the panels. There are two entrances so two signs need to be changed. One is on Ballard; one is on Greenwood. That is why the numbers are different because the two signs are different in size. Page 16 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Commissioner Dubiel said he understands the Community Development Department is holding to the signage code very strictly. He would like to have the requirements for the Findings of Fact established here. 1) the literal interpretation is strict application and provisions and requirements of this chapter would cause undo and unnecessary hardship because of the unique [being the only one in Niles] or unusual conditions [not common] pertaining to this specific building, parcel or property in question. 3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village. He believes if either of those can be met then the Findings of Fact has not been introduced. Can the applicant correct him on that? Mr. Whitehead said he thinks the hardship is being able to change the name. Commissioner Dubiel said it has to be a unique and unusual hardship for this Board to approve it. He wants Tony's to have this sign but this does not meet their Findings of Fact. It seems this problem is common around the Village. Mr. Whitehead feels this is a case by case situation. They are now Tony's Fresh Market. How do you keep that business going under Tony's Fresh Market? Vice-Chairman Dimond asked if they could shrink the words Fresh Market. Mr. Whitehead said yes, if you go down to a 3 ft. F and M, you are literally talking 14" or 16" lower case letter which is very tiny. Since it is set back off the road, it would be hard to see. Commissioner Dubiel this is the law. In order to be able to approve this they require four Findings of Fact which he thinks is reasonable. 1) this is unique 2) it's an unusual condition 3) the unusual condition does not apply to other properties 4) [did not hear Commissioner Dubiel say #4] Mr. Whitehead said the uniqueness is that this has to be rebranded. Jim Marnos said for the business, especially for the competition around the corner, and future competition coming around another corner, they are Page 17 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 taking themselves to the next level as a grocery store. They want a fresh market approach. They have brought more specialty sections to the store. They are trying to change to concept of this store and make it more unique. They've seen growth. Things like this will help them move forward. Commissioner Dubiel said if a competitor came before this Board and asked for the same thing, what would he expect. Mr. Marnos said he would expect the Board to do the same thing. If a company comes here and says they are going to change the concept of their business for the success of everyone including the community, that is unique. Commissioner Dubiel said if a small one-man grocer came and wanted the same variation………….. Mr. Marnos asked don't they take each case at a time? Chairman Kanelos said they do take each case at a time. But each case has to measure up against the same criteria in order to get the variation. Commissioner Dubiel said it seems Tony's needs to apply to the Village and request them to change the sign code in general. Mr. Sylvester said he understands if the words Fresh Market were reduced, it might become too small. But if the word Tony's was reduced enough so they would gain the square footage and the words Fresh Market could be the size wanted, is that an option? Then they could stay within the square footage of what they've already been approved for. Mr. Whitehead said it would change the expense but of course it is up to Tony's. They aren't looking to alter the entire sign. Chairman Kanelos asked what size would the Fresh Market have to be to fit into what has already been approved? Mr. Whitehead said if it is rectangled off you have to bring it down 26". He and Chairman Kanelos went back and forth on the dimensions in order for this to fit. Chairman Kanelos asked if there were any more questions from the Page 18 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Commissioners for the petitioners. There were none. There were no questions from the public either. He then entertained a motion. Commissioner Troiani moved chapter 78, article 5, division 3, section 78-92 requesting a sign variation per Village Ordinance 78-209 to allow Tony's Finer Foods to exceed the allowable signage at 8900 North Greenwood Avenue be approved. Seconded by Commissioner Nakanishi. Vice-Chairman Dimond then addressed the motion. A variance requires all four criteria be met and #1 and #3 have not been demonstrated. The applicant already exceeds the maximum sign requirements. If this were to be granted what is to stop the applicant from coming back next year and requesting another variance. She doesn't think the applicant demonstrated how it is entitled to the variance request. Therefore she requests a no vote. Commissioner Dubiel also addressed the motion and said they already granted a variance of 28% and above. There is no Finding of Fact to approve this. He urges a no vote as well. On roll call the vote was: AYES: 3 Troiani, Schulter, Surace NAYS: 4 Nakaniski, Dubiel, Dimond, Kanelos There being four (4) negative votes the motion was denied. Chairman Kanelos stated 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 tonight's agenda. 14-ZP-40 Requesting a variation to rear yard set-back requirements in the R-2 zoning district as provided in Appendix B Section VII (C)(10) to allow a new single family house at 7532 West Kirk Drive. Page 19 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 Mr. Sylvester said this request is for a rear yard variation for construction of a new home. Because this request is less than 50% of the requirement, this Board can make the final decision. Staff recommended approval. This is for a 7 ft. 3 in. variation from the rear yard set-back as required in Appendix B Section VII (C)(10). The applicant is here tonight. He is the homeowner. The property is zoned R-2 and that requires a 40 ft. rear yard. The existing home is only 32 ft. 9 in. from the rear property line. That applicant wishes to demolish the home and build a bigger home on the site but will keep the same rear yard of 32 ft. 9 in. from the property line. Thus the request for the variation. Staff believes that two of the goals of the Comprehensive Plan will be accomplished if this request is approved. First, by providing a diverse range of housing stock by allowing the existing house to be demolished and building a bigger house on the same lot; and two, promoting residential development and re-development. This request was forwarded to the other departments and none had any comment. Regarding Findings of Fact, this type of variation requires that three findings be found. 1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of governing the district in which it is located. This lot is substandard compared to most residential lots in the Village in that it is only 104 ft. deep. Standard lots in the Village are 125 ft. deep. Because of that Staff believes it would prevent a reasonable return for this particular piece of property. 2) the plight of the owner is due to unique circumstances. This is because the lot depth is unique. 3) the variation, if granted, will not alter the essential character of the locality. The applicant intends to build a new home which will meet all requirements and would not change the character of the neighborhood. There are some additional requirements shown in the packets. All legal notifications were provided in the newspaper and to the area within 250 ft. of the proposed location. Included in the packet is an aerial photo of the home now showing on the monitors. This would have no impact on neighbors to the rear as that neighbor is Oak Mill Mall. The plans for the new home are in the packet as well. Chairman Kanelos stated this is a tear down. Why is it not an issue that the side yard is slightly in violation? The foundation at the bump-out for the fireplace is only 5 ft. 6 in. but according to the plan there is a 6 ft. set-back. Mr. Sylvester said there is a provision that certain things are allowed to Page 20 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 encroach in a required yard and fireplaces are an allowed encroachment. This home would basically keep the same set-back. Chairman Kanelos asked if there were any other questions from the Commissioners. There were none. There were no questions from the public. He then called on the petitioner. Apostolos Drakontaidis, 7532 W. Kirk Dr., Niles was sworn in. He had nothing to add to the presentation. Commissioner Nakanishi moved to approve 14-ZP-40 requesting a variation to rear yard set-back requirements in the R-2 zoning district as provided in Appendix B Section VII (C)(10) to allow a new single family house at 7532 West Kirk Drive. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Nakanishi, Schulter, Dubiel, Dimond, Surace, Troiani, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos then entertained a motion to adjourn. Vice-Chairman Dimond moved to adjourn. Commissioner Dubiel wanted to comment on case 14-ZP-35. He said that Bruce Sylvester has really tried to reduce the zoning time by allowing Stu Chapman …… please walk us through the changes. Mr. Sylvester said about six months ago any company or property owner that proposed a cell phone antenna would first submit their application to Mr. Chapman and he would do his technical review. Then Mr. Chapman would tell Mr. Sylvester when they could begin the zoning review process. In talking with Charles Ostman and Stu Chapman, he asked if the two reviews could be done simultaneously. So for the past six months that's how this process has been handled. That cut the time for the applicant to receive a decision in half. The down side to this is when the Board wants to see the results of Mr. Chapman's findings, as was the case last month regarding the property on Golf Road that was reconsidered tonight, that report was not available at the November meeting. It would be helpful if the Board would decide if they want to go back to the old process or stay with the new. He Page 21 of 22  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS December 1, 2014 explained if, in the new way for some reason, the Board had to see Mr. Chapman's report, they could always table the request and present it again the following month. Vice-Chairman Dimond asked if there is a difference in cost. Mr. Sylvester said this does not cost the Village anything. The applicant pays Mr. Chapman directly for the report. The motion to adjourn was 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 9:20 p.m. The following people would like to be notified of the next meeting of the Village Board of Trustees: ITEM 14-ZP-35 Michael Gaynor, President of Homeowners' Association and of Highland Towers, 8815 W. Golf Rd., Niles, IL #6B Barkat Virani, 8801 W. Golf Rd., Niles, IL #12A Ned Serdarevic, 8801 W. Golf Rd., Niles, IL #12B Niki Tsakalis, 8801 W. Golf Rd., Niles, IL #12C Jennifer Krasnik, 8801 W. Golf Rd., Niles, IL #6A Vangelis Economou, 8801 W. Golf Rd., Niles, IL #8B Bob Selzer, 3801 Apian Way, Glenview, IL (formerly of 8833 Kay St., Niles) Pawal Zawitaj, 8801 W. Golf Rd., Niles, IL #5D ITEM 14-ZP-39 Jim Marnos, Tony's Finer Foods, 1200 Bryn Mawr, Itasca, IL 60143 Robert Whitehead, Olympic Signs, 1130 N. Garfield, Lombard, IL 60148 Robbie Whitehead, Olympic Signs, 1130 N. Garfield, Lombard, IL 60148 Kathleen Janessa, Recording Secretary Page 22 of 22