Zoning Board of Appeals

APPROVED MINUTES OF A MEETING OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS May 21, 2012 Chairman Decker called the meeting to order in the Board Room of the Village Hall at 7:30 PM. On roll call, present were: Members Craig, Menn, Pick, Robicsek, Schofield and Chairman Decker (5); Absent: Lown (1); J. Maisch, Zoning Administrator; and S. Marinovic, Recorder. Review of minutes Member Menn motioned, seconded by Member Craig, to approve the regular minutes of April 23, 2012. On a voice vote, the motion was approved. General Public Comments There were no comments from the public at this time. Public Hearing and Consideration of Petitions Chairman Decker announced that the scheduled dockets would first be heard in the Public Hearing portion of the meeting and the ZBA’s deliberation and decision on the dockets would be made immediately afterwards during their Regular Meeting. DOCKET NO. 12-Z-3 Petition by Mark Kipnis, Affiliated Realty and Management Company, 1720 W. Algonquin Road, Mt. Prospect, IL 60056, with consent from the owners, Code 77, LLC; Code 77A, LLC; and Code 77B, LLC, for a variation to reduce the required number of parking spaces on-site from 96 to 72 on the property commonly known as 845-875 Sanders Road (04-07-200-030; 04-07-200-031; 04-07-200-032). Mark Kipnis presented his petition. As there were only six members present, one who recused himself, Chairman Decker asked the petitioner if he wished to proceed with the petition at this time or wait until the next meeting to present before the entire commission. Mr. Kipnis elected to proceed. Eighty stripped spaces currently exist on the subject property. The applicant requested the reduction in the parking spaces in order to provide spaces to the property tenants. Member Robicsek referenced a documented dated July 24, 1998 requesting a parking space reduction from 103 parking spaces to 97 parking spaces. He asked the applicant what hardship this request represented other than the self created kitchen equipment issues from the China North. Mr. Kipnis stated the change of Village requirements generates a hardship. Chairman Decker asked if there were any public safety concerns. Mr. Kipnis replied that they took into account a reduction of the driveways and traffic flow. Member Robicsek asked if this request were not granted what the impact would be on the shopping center. Mr. Kipnis stated that it would require approximately $100,000-worth of kitchen equipment to be removed and the property would possibly remain vacant with no revenue for the property owners and the Village. Member Craig commented about the parking concerns. He asked how reducing the number of parking spaces would benefit the shopping center patrons and shop tenants. Mr. Kipnis stated that at the centers peak time such as lunch time there would be a parking issue but during off hours there would be adequate parking. Member Menn asked if this center rented the spaces with the retail if it would meet the requirement. Administrator Maisch responded that it would still be short 16 spaces. Member Menn commented on the history and design of the original parking lot to meet Village requirements. Mr. Kipnis stated that they did try to request additional parking spaces with the shopping center across the street and the gas station next door but the requests were denied. Member Robicsek noted that by granting this variance a new baseline would be established for these types of requests. Member Menn commented that by reducing the spaces, the vacant space on the property would only be allowed to have a maximum number of seating. Member Menn motioned, seconded by Member Pick, to close the Public Hearing. On voice vote, the motion was approved. Chairman Decker commented that in knowing the parking lot would be busy during certain times, he would avoid the center all together. He was concerned with public safety. Member Schofield noted that a traffic study was not provided with this report. Member Robicsek agreed and was not comfortable reducing the parking spaces again. Member Menn stated that he frequents that center regularly and the petitioner was correct that the peak time was during the lunch hour. He stated he makes an effort not to go to the center during those peak times. He commented that the number of spaces was not actually being reduced; that the applicant was requesting a variance on how the Village will compute the number of spaces required for any future tenants. He continued that this was an opportunity to provide direction for seating maximums during peak hours. He noted that if the property was experiencing parking issues that none of the tenants were present to complain about it. Member Robicsek asked Administrator Maisch to confirm how the seating for the vacant space would change. She stated it would change from 4 employees and 21 seats to 4 employees and 45 seats. Chairman Decker asked if the applicant’s request was denied. Administrator Maisch stated the applicant would not be subject to waiting the two year period to reapply. Member Schofield stated that this situation was different from others. This situation would help the landlord find a new tenant for a vacant space. Member Schofield motioned, seconded by Member Robicsek, to deny the proposed variation by Mark Kipnis, Affiliated Realty and Management Company, 1720 W. Algonquin Road, Mt. Prospect, IL 60056, with consent from owners, Code 77, LLC; Code 77A, LLC; and Code 77B, LLC, for a variation to reduce the required number of parking spaces on-site from 96-72 on the property commonly known as 845-875 Sanders Road (04-07-200-030; 04-07-200-031; 04-07-200-032), subject to the following conditions: that the parking spaces remain in substantial compliance with the site plan dated 4-1-10 and reviewed by the Zoning Board of Appeals 5-21-12. The motion carried by the following roll call vote: Ayes: Schofield, Robicsek, and Chairman Decker (3). Nays: Pick and Menn (2). Recused: Craig (1)  DOCKET NO. 12-Z-4 Petition by Michael Hershenson, Architect, 2144 Ashland Avenue, Suite 7, Evanston, IL 60201, on behalf of the owners, Larry and Carol Panozzo, 2045 Lavigne Lane, Northbrook, IL 60062, for an exception to increase the maximum permitted height of a detached garage located in a required yard from 15 feet to 23 feet on the property commonly known as 1145 Heritage Oaks Lane (PREI No. 04-11-303-021). The exception is requested to construct a new one story detached garage. Mr. Michael Hershenson and Larry Panozzo presented their petition. Member Robicsek asked if the applicant planned to put storage or occupy the loft area. They stated they were not. Member Pick motioned, seconded by Member Menn, to close the Public Hearing. On voice vote, the motion was approved. Member Robicsek motioned, seconded by Member Craig, to accept the proposed exception by Michael Hershenson, Architect, 2144 Ashland Avenue, Suite 7, Evanston, IL 60201, on behalf of the owners, Larry and Carol Panozzo, 2045 Lavigne Lane, Northbrook, IL 60062, for an exception to increase the maximum permitted height of a detached garage located in a required yard from 15 feet to 23 feet on the property commonly known as 1145 Heritage Oaks Lane (PREI No. 04-11-303-021). The exception is requested to construct a new one story detached garage subject to the following condition: that the garage be constructed in substantial compliance with the elevations and site plans reviewed by the Zoning Board of Appeals 5-21-12. The motion was approved by the following roll call vote: Ayes: Craig, Pick, Robicsek, Schofield, and Chairman Decker (5). Nays: None (0). Recused: Menn (1). Old Business None. New Business None. Adjourn Member Schofield motioned, seconded by Member Craig, that the meeting be adjourned. On a voice vote, the motion was approved. The meeting was adjourned at 8:30 PM. Respectfully submitted, /s/ Senada Marinovic Recorder