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 2, 2015 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 with Chairman Thomas Kanelos was Vice-Chairman Karen Dimond. Also present were Commissioners Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner, were also in attendance. Present also was Attorney John Sullivan substituting for Village Attorney Joseph Annunzio, who was unable to attend this meeting. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of February 2, 2015. There were none. Commissioner Dubiel moved to approve the minutes of February 2, 2015. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES:6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being six (6) affirmative votes the motion carried. OLD BUSINESS 14-ZP-35 Reconsideration of a request to amend a Planned Unit Development and approve a Special Use Permit 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 15-ZP-09 Requesting approval of a Special Use Permit to allow a new medical clinic building at 6450 Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Sections VIII (B)(3)( nn) and VIII (C)(3)(a). 15-ZP-10 Requesting approval of a Plat of Subdivision to create a lot of record for a proposed new medical clinic building at 6450 Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)( i). 15-ZP-11 Requesting approval of variations to Village zoning requirements for side-yard set-backs and floor-area-ratio Page 1 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 as provided in Appendix B, Sections VII (B)(9)(a) and VII (B)(5) to allow the construction of a new house at 6728 Albion St. Chairman Kanelos called for the first case to be presented this evening. 14-ZP-35 Reconsideration of a request to amend a Planned Unit Development and approve a Special Use Permit 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, recapped what was discussed when this case was brought before this Board in November, 2014. He introduced Attorney John Sullivan, sitting in for Village Attorney Joseph Annunzio. He also introduced Stu Chapman, Municipal Services Associates. He is the Village's technical consultant. Staff is recommending approval as they did in November with three conditions: 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. At the discussions in November, there were two primary concerns raised by the residents: a) safety and health The Village is limited by the federal government into how much they can take into consideration on issues concerning safety and health in regard to cell phone towers. b) would this have any effect on property values When this item went from this Board to the Village Board of Trustees, there was a split vote. [Split meaning 5-2]. They were hoping for a more unanimous recommendation. That Board sent it back to the Plan Commission and Zoning Board tonight. They said the petitioner should bring in someone who could address the issue of property values and explain what kind of effect a cell tower would have on property values of the residents in this building. Chairman Kanelos said in the past there have been many meetings when there was no Village Attorney present. He wondered why there was a substitute attorney this evening. Did he share this with Staff? Charles Ostman, Director of Community Development, said he did not. Page 2 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Chairman Kanelos said he wanted to make it very clear the Board cannot take into consideration the health issues related to this case. Commissioner Dubiel wanted clarification on signage relative to this antenna with a report in their packet that referred to Site Safe. Mr. Sylvester said that could be better explained by Stu Chapman. Mr. Stu Chapman from Municipal Services Associates came to the podium. Site Safe is based in Virginia. They are considered experts in determining if a site is subject to RF [radio frequency] regulations set by the FCC. Their reports are very thorough. He went over the three conditions. Item 1 is more of an aesthetic item; item 2 is about safety; item 3 about securing the area from theft. He went on to discuss in detail all these items. The recommendations made in his report are consistent with the Site Safe report. He is comfortable with the Site Safe report. Chairman Kanelos said the pictures of the signs in the report were not legible. Mr. Ostman tried to enlarge them on the overhead. In the meantime he asked Mr. Chapman why there had to be signs notifying workers that may be on the roof that there is an antenna there. Mr. Chapman said it is a safety issue. There may be other kinds of workers that go on the roof that would have no idea a cell antenna is there. Commissioner Dubiel stated to Mr. Chapman that he already made a report on this site. So Verizon brought in Site Safe to make sure everything was taken into consideration. Mr. Chapman said he comfortable with the Site Safe report and concurs that all the signage should be used. He went on to explain RF output along with the actual height of the antenna. The RF waves are meant to go out and up, not down. This is designed to cover an area about 3/4 of a mile wide to as much as a mile and 1/2 wide; to cover the Golf Mill/Golf Road corridor. He then went into a lengthy discussion. Vice-Chairman Dimond asked if the antenna would be 6 ft. off the roof. Chairman Kanelos said he feels this drawing to scale is incorrect. They are all looking at a rendering of the site in their packets. Page 3 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Mr. Chapman said it would be 9 ft. from the roof. The building itself is 125 ft. tall. The actual antenna is 8 ft. Therefore the base is approximately 1 ft. He said the bottom of the radio wave would be about 4-1/2 feet higher than the roof. There was much discussion about the reception of a signal for the residents of the building. But the purpose of this antenna is not just the building but the entire surrounding area. Commissioner Schulter asked if it were possible to not put the antenna on the penthouse wall but instead build a mast somewhere else on the building and put the antenna on it. Why couldn't it be moved away from that penthouse wall. Mr.Chapman said it is possible. Whether or not it is practical is another matter. He has seen it done. Mr. Sylvester said we have addressed what we can and cannot take into consideration about safety issues. Commissioner Schulter clarified his questions were not related to safety. Chairman Kanelos said discussing is one thing and making a decision is another. He then asked Attorney Sullivan if the Board was precluded from discussing these issues. Attorney Sullivan said absolutely not. As far as health impact, that is where the FCC ruling has come down. Chairman Kanelos asked if there were other questions for Stu Chapman. There were none. There were no questions for Staff either. He then said the public would have a chance to speak after the petitioner presented his case. He asked for the petitioner to come to the podium. Judd Chaille, Chaille Tower Consultants, LLC, 28602 CR 50, Nappanee, IN 46550 and David Kunkel, Real Estate Appraiser, Hilco Valuation Services, 4906 Main St., Suite 101, Lisle, IL 60532 stepped forward and were sworn in. Chairman Kanelos asked Mr. Kunkel if he had information or a report regarding property values. Mr. Kunkel said he did. Chairman Kanelos then stated it really should have been given to the Board ahead of time. Since they study the reports in their packets prior to presentation they should have had time to look over his report. It puts the Board at a disadvantage by not having this valuation report. It may affect if they make a decision tonight or not. Page 4 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Mr. Kunkel then passed out copies of his report to the Commissioners. Chairman Kanelos read the information from Hilco Valuation Services dated February 27, 2015 into the record. Judd Chaille said he was there representing Verizon Wireless. On prior occasions regarding this case, Derek McGrew was there to represent Verizon. However he had a family medical emergency so Mr. Chaille stepped in for him. He brought Mr. Kunkel in to give his report and speak to the Board about real estate values. The main purpose of this meeting was to gather more information from his firm regarding this plan. Chairman Kanelos asked for a ten minute recess while the Board read the report. The residents of the building requested a copy of this report as well. When the case resumed, Chairman Kanelos asked Mr. Kunkel if he did any comps in this report. Mr. Kunkel said the letter is a description of his experience with this type of situtation. It is not intended to present the details or date backing it up. He said he's done comparable studies on this situation for over twenty years. He said until an antenna actually exists on this building, one can't make a comparison. Chairman Kanelos said he could have compared this building with no antenna to a building a little farther west with many antennas. Would that be fair? This is the only time the Board has control about what goes on this building. Once the first antenna goes up, it would be hard to deny future antennas. Mr. Kunkel said it is a time consuming process to pull up sales comps. Just because an antenna goes up doesn't make that location a reasonable spot to study because they are dependent on property sales around it. He has worked with both tower and roof installations. He went on for several minutes about this. Chairman Kanelos said this doesn't really give the Board a lot to go on. Commissioner Dubiel asked if he would explain if when he says this issue, would that mean a specific impact on this residential building. Mr. Kunkel said potentially that impact could be positive. Page 5 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Commissioner Dubiel asked if many of his reports have been come up as negative. Mr. Kunkel stated none have. Commissioner Dubiel asked him to elaborate on one of the bullet points in his letter. Mr. Kunkel said the properties we all own or use must have the availability of utilities. It could be water, electricity, etc. Access to the internet and wireless service has become essential to all of us in society. Commissioner Dubiel asked about three potential categories Mr. Kunkel spelled out on page 5 of his report. Mr. Kunkel said three categories come up immediately. There are environmental issues, aesthetic issues, etc. Regarding health, we know the FCC doesn't allow consideration of that with these kinds of facilities. But that doesn't mean we have to believe everything the FCC says. Chairman Kanelos said since we can't discuss that, it is of no concern to us tonight. Mr. Kunkel said the aesthetics are always a potential issue. There is a lot of signage along Golf Road near this site. In many peoples' eyes, these are ugly signs. Commissioner Dubiel asked if this is a two step or three step analysis. Mr. Kunkel said it is a two step analysis. It refers to the general process of studies completed that involved studies and comparisons with other real estate professionals. Commissioner Dubiel said Mr. Kunkel stated in his letter there are many cell towers within a four mile radius of this site. The equipment is virtually unnoticeable to the eye of people passing by and that this is a superior site for this type of installation. Mr. Kunkel said he is talking about a rooftop installation on a twelve story building as opposed to a tower that could be 120 ft. tall. When individuals pass by, whether walking, driving, biking or whatever, they don't walk around looking up. This antenna on a twelve story penthouse would be visible; but it would not be noticeable to most people passing by. We don't function that way as humans. Page 6 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Chairman Kanelos said is you're driving down the street and see a building with fifty antennas on top, you notice it. Mr. Kunkel said it isn't that you can't see it. Your general line of sight is in front, not up. Chairman Kanelos said if the building is four blocks down, it is in his line of sight. Mr. Kunkel said he thinks Chairman Kanelos understands his point. Commissioner Dubiel asked Mr. Kunkel to give the Board his final conclusion. Chairman Kanelos said it is in the record. Not necessary for him to read the entire paragraph. Commissioner Nakanishi said if one is driving down Dempster you can see all the equipment on top of Lutheran General Hospital. It is in your line of sight and she thinks that is what he was trying to say. She then asked about Mr. Kunkel's comment in his letter regarding opinion polls. [The rest of her question is inaudible through the microphone.] Mr. Kunkel said they have done comparative studies between properties. Many people's reaction to new equipment is negative. If they are asked about existing equipment that has been in place for years, in most cases they don't realize it's there. When you look at the difference in property values, there is no discernible difference between what buyers and sellers actually do when they buy and sell property. Commissioner Schulter asked how long Mr. Kunkel has been a realtor appraiser. Are you also a broker? An investor? If you owned a penthouse, would you want an antenna put on the roof of your penthouse? Mr. Kunkel answered over 34 years. He said yes to both questions. He answered it is not a living unit. It is a utility shed. He would be for it because of the revenue the condo association will receive. Commissioner Schulter asked if he could find like-kind buildings as opposed to single family units, townhouses and such. Mr. Kunkel said the information in his report is general about the community as a whole. It is not intended to be comparative information to draw conclusions about the impact of this particular installation. Page 7 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Chairman Kanelos confirmed that Mr. Kunkel was hired to provide general information; not specific to condos or this certain area. Mr. Kunkel answered he was hired to review this situation and provide his opinion as to what the impact would be regarding property values based on his past experience on the same issue. Chairman Kanelos asked if, as an investor, he were able to purchase a condo in a building with 50 antennas on top of it or in another building with 1 or 2 antennas on it, would it make a difference which one he picked. Mr. Kunkel said no. Chairman Kanelos then asked as a broker which would he pick. In his professional opinion, is there a difference in the property values. Mr. Kunkel said no. It could even be positive to pick the one with the antennas because of the revenue coming into the association. Chairman Kanelos asked if there were more questions for Mr. Kunkel or Mr. Chaille. There were none. There were no additional questions for Staff. At this time he opened the floor to the public. He reminded them there will no decision based on health regarding this case. The first resident of the building to speak was Pawel Zawitaj, 8801 W. Golf Rd., Niles, IL #5D. He came forward and was sworn in. [Unfortunately it is difficult to understand him.] He wants to know what the antenna will look like on top of the building. Mr. Chapman put a rendering of it on the overhead. Mr. Zawitaj explained his stance on the matter. He was speaking of negative health impact. Chairman Kanelos reminded him it cannot be discussed here. The federal government precludes this Board from using the information regarding health. The government determined that the tower is healthy and the Board is not allowed to discuss this. Mr. Nedzad came forward and was sworn in. He has two properties in that building. He lives in one of the properties; the other is a rental. Since the last meeting they tried to do a petition since all the residents own the property including the roof. They asked the president of the homeowners association to provide the names of landlords in the building. There are twenty and they got Page 8 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 that information five days ago. It took three months to get that information. The petition is to try and void the contract that was signed [with Verizon]; as of now 60% of the signers say "no" to a Verizon Wireless antenna. He knows they need 65% to overturn it and he thinks they can get that in the next few days. When he spoke to Michael Gaynor [president of the homeowners association] he said even with 65% they cannot overturn the contract. How is that possible? Chairman Kanelos suggested he look at his association rules and possibly contact a lawyer. Mr. Nedzad said you can Google the area and see other buildings' property values are 10% to 20% less than this building. Chairman Kanelos said it would be nice if there was a paper to submit; not just a Google website on the phone. Niki Tsakalis, 8801 W. Golf Road, Niles, IL #12C, came forward and was sworn in. She has a copy of the Verizon Wireless proposal. But it is not their address. It says 8815. Are we talking about the same place? Chairman Kanelos said it is more than likely a typographical error. Commissioner Dubiel said it states 8815 W. Golf Road is the subject property. Mr. Ostman said back in November Verizon selected one of those three building just to get the drawings going. It hadn't been determined which one of the buildings would have the antenna. All three buildings are the same. It was determined then how the revenue sharing would be handled among all three buildings. Chairman Kanelos said this is the most recent report dated February 2015. Mr. Chapman has the plans that were submitted to Community Development for Verizon by Chicago SMSA Ltd. partnership. The contact person is Mike Haynes. He listed his address as 8815 W. Golf Road. However the plans themselves are listed as 8801 W. Golf Road. That may contribute to the confusion. Mrs. Tsakalis said once it is signed it should be black and white. Commissioner Dubiel asked for an explanation. Is this not relevant to 8801 or is it 8815? Mr. Chapman said they compared the latitude and longitude stated on the plans themselves with those on the picture of the Site Safe report. They are very close. Page 9 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 They are within fractions of a degree as stated on the plans. In cases when they use satellite to measure latitude and longitude it is within 10 meters [33 ft.] He'd have to go measure it. Commissioner Dubiel said this says 42.05 degrees. The other says 42 degrees 3 minutes. Commissioner Schulter recommended tabling this case. They need more information to get measurements. Seconded by Commissioner Dubiel, on roll the vote was: AYES:5 Dubiel, Dimond, Nakanishi, Schulter, Kanelos NAYS: 1 Troiani There being five (5) affirmative votes the motion to table case 14-ZP-35 passed. Commissioner Schulter stated the Board should get a corrected copy of the proposal for the Verizon cell antenna before the next meeting. There was a five minute recess. Chairman Kanelos announced that Commissioner Dubiel left the meeting as he fell ill. He then called for next item on the agenda. 15-ZP-09 Requesting approval of a Special Use Permit to allow a new medical clinic building at 6450 Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Sections VIII (B)(3)( nn) and VIII (C)(3)(a). Mr. Sylvester presented the case. Integrated Facility Solutions submitted an application on behalf of North Shore University Health System to construct and operate a new medical clinic at that location. This site used to be occupied by a motel that was recently torn down. There are two items being presented tonight regarding this request. Staff recommends approval. First, this area is zoned B-2 and it requires a Special Use for a medical clinic. The next item on the agenda is in regard to a plat. We will get to that after this. It will be a one story brick building approximately 16,000 sq. ft. The site plan is shown on the overhead. It is located at the intersections of Touhy Avenue, Caldwell Avenue and Gross Point Road. There will be ample parking. Access will be from Touhy Avenue and from Gross Point Road. The Findings of Fact have been met. 1) Staff believes the medical clinic is deemed necessary for the public convenience at that location. 2) It is Staff's opinion that Touhy Avenue is an appropriate location for the proposed medical clinic and that the public health, safety and welfare will be protected. 3) Staff Page 10 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 believes this will not cause substantial injury to the value of other property in the neighborhood in which it is located. Several of the goals in the Village's Comprehensive Plan will have been met if this request is approved. It will promote commercial corridor beautification and combat blight. It will also maintain a range of retail and service commercial activities along key corridors. Last, it incorporates a mix of retail and corporate use throughout the Village. This was circulated throughout the other departments. Most had no concerns. There was one concern that has since been addressed by the applicant. Vice-Chairman Dimond asked if there was fencing around the storm water detention pond to the north of the site. Mr. Sylvester believes no. He will have it confirmed by the applicant. Chairman Kanelos asked if there were any more questions for Staff from the Board. There were none. He called the petitioner to the front to be sworn in. The three gentlemen listed below were sworn in. John Zachara, owners rep for North Shore University Health System, 5217 Lincoln Ave., Skokie, IL; Jason Doland, Doland Engineering, 334 E. Colfax, Palatine, IL; and a representative from an architectural firm at 1200 N. Shermer Rd., Northbrook, IL. Mr. Zachara works for Integrated Facility Solutions located in Skokie. This is a one story, approximately 16,000 sq. ft. medical use building for North Shore University Health System. It will house primary care, ob-gyn, radiology, clinical lab and others. They don't have the exact mix of other medical services that will be at this location. 95% of the building is brick. It is one story but designed to be expanded to two story. There will be enough parking for two story. He went on to describe the prairie style structure with the mechanical area being rooftop in a well. Mr. Doland said he is here specifically to address the storm water detention facility. He explained that it is both a detention with a retention portion per Cook County specifications. It would be dry most of the time. At its deepest point it would be 4 ft. Commissioner Schulter asked if there would be any type of barrier so people don’t drive into the basin. Mr. Zachara answered there are curbs and gutters along all driveways. Page 11 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Chairman Kanelos asked if there were more questions from the Commissioners or the public. There were none. He entertained a motion. Commissioner Nakanishi moved to approve 15-ZP-09 for a Special Use Permit to allow a new medical clinic building at 6450 Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Sections VIII (B)(3)(nn) and VIII (C)(3)(a). This Special Use is necessary for the public convenience at the proposed located. It is designed, located and proposed to be operated so that the public health, safety and welfare will be protected and it will not cause substantial injury to the value of other property in the neighborhood in which it is located. Seconded by Commissioner Troiani, on roll call the vote was: AYES:5 Nakanishi, Schulter, Dimond, Troiani, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being five (5) affirmative votes the motion carried. 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 next item on tonight's agenda. 15-ZP-10 Requesting approval of a Plat of Subdivision to create a lot of record for a proposed new medical clinic building at 6450 Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)( i). Mr. Sylvester said this item is related to the Special Use permit the Board approved in the prior item, 15-ZP-09. There is an aerial photo of the site. The hotel that was recently demolished is still in the photo. A lot is created within a subdivision or plat. This area has never been platted. Parcels of land were created with deeds and documents. But the area was never platted to create actual lots of record. It is technical but important now so this piece of land is an official lot of record. They bought it as a parcel. The Village says they need to be on approved lots. The Village's outside survey consultant has reviewed the plat to make sure it meets all the technical requirements that plats need to be meet. The Engineering Department and Community Development Page 12 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 need this as well. The recommendation from Staff is to approve this to create a lot of record. Commissioner Troiani asked if all the land in the entire area would be approved with this request. Mr. Sylvester said this plat would only create one lot. And the one lot would only be for the proposed medical clinic. Chairman Kanelos asked if there were any more questions. There were none from the Board or the public. He entertained a motion. Commissioner Troiani moved to approve 15-ZP-10 a Plat of Subdivision to create a lot of record for a proposed new medical clinic building at 6450 Touhy Avenue, Niles, Illinois 60714 as provided in Appendix B, Section XI (C.1)(3)(i). Seconded by Commissioner Nakanishi who added the Findings of Fact that the plat of subdivision will create a lot where one does not exist; that the plat will accomplish at least one goal of the Village's 2030 Comprehensive Plan. The proposed plat will create a lot that will allow development and can comply with all applicable zoning requirements such as set-backs and lot coverage. On roll call the vote was: AYES:5 Nakanishi, Schulter, Dimond, Troiani, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being five (5) affirmative votes the motion carried. 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 last item on tonight's agenda. 15-ZP-11 Requesting approval of variations to Village zoning requirements for side-yard set-backs and floor-area-ratio as provided in Appendix B, Sections VII (B)(9)(a) and VII (B)(5) to allow the construction of a new house at 6728 Albion St. Page 13 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Mr. Sylvester said this is a request for a new home to be built. This is a unique situation as this is a 30 ft. lot. The zoning ordinance is written assuming lots are at least 50 ft. wide. It is impossible to meet the set-back and floor-area-ratio requirements when the lot is only 30 ft. wide. The applicant is requesting release from two specific requirements in the zoning code. One being side-yard requirements; the other floor-area-ratio requirements. Staff is recommending approval of this request. Other Village departments had no comments or concerns about this request. The requirements for variations are: 1) 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. Staff comment is it would not be allowable without a request for this variation. The house would be so narrow to meet side-yard set-backs it would look silly. 2) Would the plight of the owners due to unique circumstances [audio not clear] but most parcels in Niles are 50 ft. in width. As a result a typical house cannot meet side-yard and F.A.R. requirements. 3) the variation will not alter the essential character of the locality. It is Staff's opinion if granted the variation, it will not alter the character of the neighborhood. There is a newer home next door to this lot that looks very similar to the one proposed to be built on this lot. Other items to be taken into consideration for this variation are located in the Commissioners' packet. Legal notice was presented in the newspaper and mailed to owners of property within 250 ft. These items were all recommended to help the Board make a decision tonight. Staff is recommending approval of these variations. Chairman Kanelos asked if this Board is a final say on variations of less than 10%. Mr. Sylvester said for the side-yard set-backs the Board is the deciding body if it is less than 50%. The ordinance says the floor-area-ratio portion of this request need not be included. This Board is allowed to make the final decision on it. But he made this administrative decision: since one item has to go before the Village Board, they should see both items. Chairman Kanelos asked if this would be in line with the other homes in the area in regard to side-yards. Do they all have narrow side-yards? Mr. Sylvester stated yes. Commissioner Troiani verified they are looking at this particular lot, not the whole neighborhood. Mr. Sylvester said correct. Page 14 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Commissioner Nakanishi said directly across the street is the city of Chicago and all those lots are 30 ft. wide. Chairman Kanelos then called on the petitioner. Mike Stratis, 7041 W. Touhy Ave., Niles, IL was sworn in. He had nothing to add to Mr. Sylvester's presentation. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There was one question from the public. Robert Breit, 6730 Albion, Niles. He asked if this construction would have any effect of structural damage to his home next door. Chairman Kanelos said they would have to comply with all the building code requirements of the Village. It is not actually a zoning code issue. He can say, having built in this town before, if you're too close to a neighboring lot there are protections the Village requires the builder to put in place so there won't be collapse of earth or exposure of the neighboring foundation. The Community Development department will take care of that. There were no other comments from the public. He entertained a motion. Vice-Chairman Dimond moved to recommend to the Village Board approval of the requested 2 ft. 6 in. variation from zoning ordinance Sections VII (B)(9)(a) and a 2% variation from Section VII (B)(5) to allow a new home to be constructed at 6728 Albion St. She also moved to make these Findings of Fact: 1) 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. Because the property is 30 ft. wide, it is difficult to build a reasonable size home while staying within the current limitations; 2) the plight of the owner is due to unique circumstances; 3) if the variation is granted it will not alter the essential character of the locality. Seconded by Commissioner Schulter, on roll call the vote was: AYES:5 Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being five (5) affirmative votes the motion carried. There was a reconsideration at this time. Page 15 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS MARCH 2, 2015 Commissioner Nakanishi made a motion to reconsider . Seconded by Commissioner Troiani, on roll call the vote was: AYES:5 Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being five (5) affirmative votes the motion carried. Vice-Chairman Dimond made the exact same motion as before except it would be to approve at 3 ft. 6 in. variation. Seconded by Commissioner Schulter, on roll call the vote was: AYES:5 Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being five (5) affirmative votes the motion carried. 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 made a motion to adjourn. Commissioner Troiani moved to adjourn . Seconded by Commissioner Schulter, on roll call the vote was: AYES:5 Dimond, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being five (5) affirmative votes the motion carried. The meeting adjourned at 9:17 p.m. Kathleen Janessa, Recording Secretary Page 16 of 16