Zoning Board of Appeals

APPROVED MINUTES OF A MEETING OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS November 26, 2012 1. Call to Order Chairman Decker called the meeting to order at 7:37 pm in the Board Room of Village Hall. Members Craig, Menn, Lown, Schofield, and Chairman Decker (5) were present. Members Pick and Robicsek (2) were absent. A quorum was present. Village staff present included J. Maisch, Zoning Administrator and Code Enforcement Official, and L. Sweet, recorder. 2. Review of Minutes Member Craig, seconded by Member Lown, motioned to approve the minutes of the September 24th, 2012 and October 22nd, 2012 minutes, as presented. On voice vote, the minutes were approved. 3. General Public Comments There were no comments from the audience. 4. Public Hearing and Consideration of Petitions Chairman Decker announced that the docket would first be heard in the public hearing portion of the meeting. ZBA deliberation and decision regarding the docket would occur immediately following the hearing, during the regular meeting. As required by state statute, the hearing notice for both dockets was published in the November 8, 2012 Northbrook Star. Docket No. 12-Z-9 will be discussed first. DOCKET NO. 12-Z-9 – Petition by John Long, Normandy Remodeling, 440 E. Ogden Avenue, Hinsdale, IL 60521, on behalf of the owner Kenneth Bingham, for a variation to reduce the required rear yard from 40 feet to 23.5 feet on the property commonly known as 4239 Yorkshire Lane (04-07-102-026). The purpose of the variation is to rebuild and slightly expand an existing 2nd floor deck. Petitioner John Long and owner Kenneth Bingham were sworn in. Mr. Long presented. The petition is for an expansion of an existing second floor deck. Mr. Long continued that the residents feel the current deck poses a safety hazard, as they have a young child, and their house backs up to a lake. They would like to rebuild the deck. Chairman Decker asked the Petitioner to elaborate on the safety issue. The Petitioner responded that when furniture is on the deck there is little walking space, leading to a risk of tripping. Chairman Decker commented that he observed during a site visit that the proposed deck is smaller than the neighbor’s deck. Minutes of Regular Zoning Board of Appeals Meeting November 26, 2012 Member Craig, seconded by Member Schofield, motioned to close the public hearing. On voice vote, the motion passed. Member Craig moved to accept Docket 12-Z-9 as presented. Roll was called; the motion passed unanimously. DOCKET NO.12-Z-8- Petition by Mark Kipnis, Affiliated Realty and Management Company, 1720 W. Algonquin Road, Mt. Prospect, IL, 60056, with consent from owners, Code 77A, LLC, for a variation to reduce the required parking by 7 spaces for the subject tenant space from 17 spaces to 10 spaces on the property commonly known as 845-847 Sanders Road (04-07-200-031). The purpose of the variation is to authorize a restaurant use with 45 seats and 4 peak shift employees in the shopping center. Petitioner Mark Kipnis was sworn in. Mr. Kipnis is Vice-President of Affiliated Realty and Management. His colleagues and the restaurant owners are in the audience. Mr. Kipnis continued that historically, Josh’s, Visage, Philip Anthony and China North used the most parking spaces in the strip mall. Philip Anthony is moving to another Northbrook strip mall managed by Affiliated Realty. He believes they average between 8 and 10 visitors at a time. Mr. Kipnis testified that their parking study showed that, while China North was permitted by Village Codes to have 21 seats, they provided additional seats without Village approval. He estimates they had up to 66 seats during their all-you can eat lunch buffet. This led to a parking problem onsite. Mongolian BBQ is proposing 45 seats, and a willingness to reduce the seating number at lunch to 28. Meals will be individually prepared. Mr. Kipnis continued that he, the owners, and the proposed tenants would welcome a restriction of the variation approval to North Shore Mongolian BBQ, and not applicable to future tenants. The Petitioner’s parking study showed that Josh’s lunch rush is over by 1 pm, so the Mongolian BBQ will use only 28 seats until then, if deemed appropriate by the ZBA. Mr. Kipnis added that this will be easy to monitor and that owner of Josh’s approves this plan. Chairman Decker commented that an individual who drives there with the intention of eating would still need a parking space to find out that they can’t be served lunch. The Petitioner responded that such a visitor would have to wait for a seat. The restaurant plans to be a primarily dinner oriented business. Mr. Kipnis added that there are generally parking spots available. Additionally, moving Phillip Anthony will make more spaces available. Other tenants want another anchor in the complex to increase business traffic. Member Craig asked what the realty company expected will fill the vacant Philip Anthony spot, and might they need the parking spaces? The Petitioner responded that he realizes that a future tenant will have to be restricted to general retail use. Member Craig added that he stopped by during lunchtime, and there were many vacant parking spaces. He doesn’t want people crossing Sanders to get to the restaurant. Mr. Kipnis commented he doesn’t think people will do that. They will go somewhere else if there is nowhere to park. Member Craig commented that an overcrowded parking lot could lead to a safety issue. The Petitioner responded that the management company would be fine with additional restrictions, if necessary, to be placed on future tenants. 2 Minutes of Regular Zoning Board of Appeals Meeting November 26, 2012 Member Menn asked staff who would monitor compliance to the seating restrictions, and if it would be possible to monitor monthly, perhaps by the sanitarian. J. Masich responded that the Village health inspector is part-time, so that would not be realistic. Member Menn continued that there could be a long line at Josh’s, with all the seats filled. There should be a provision for fast food restaurants in the code, and perhaps that could be added with the next code revision. Member Craig commented that he saw vacant parking spots when he visited the site. Member Schofield asked why there has to be 3 entrances to the property from Sanders Rd.? There could be two, allowing for more parking spaces. Member Menn was present when this decision was made and provided the history of the shopping center. The ZBA worked with the Plan Commission. The traffic study recommended reducing openings from 5 to 3. Three parking lot openings are needed because of proximity to Dundee Road. Member Schofield asked for confirmation that employees park in back. The Petitioner responded yes. Member Menn added that none of the tenants have a full back entrance because the rear is where the storage is located. Member Menn asked what legally the village can do do? Staff responded the village business license can be revoked if they are non-compliant. Chairman Decker added a ticket and fine could be imposed. Chairman Decker asked for confirmation that a buffet will not be offered. The Petitioner confirmed this, and explained that customers create a meal from a salad-type bar that is then cooked in the kitchen and served. Chairman Decker asked staff what type of enforcement is reasonable? J. Maisch responded that she can’t speak to the Health Inspector’s schedule. The Petitioner added that the threat of revoking a business license is significant. Member Schofield asked for the length of the lease. The Petitioner replied that it is a 10-year lease. Chairman Decker asked for the hours of operation. The Petitioner replied the restaurant would close at 9 pm. Chairman Decker is concerned about the enforcement aspect of the lunch restriction. He would like to see ongoing monitoring. Member Craig asked, from a practical standpoint, how that would work? The Petitioner responded that the proposed seating plan is in the packet. Specifically, the north wall has a separate section, with 17 seats, that will be used only after 1 pm. Member Menn encourages the Village Board to frequent the shopping center to support local business and to help enforce this restriction, if it is passed. The Petitioner encourages Village Board members to visit all of the retailers on site. Member Craig quipped that there need to be enough parking spaces when he wants to buy a hot dog at Josh’s. Member Lown agrees there needs to be parking spaces available. Member Lown added, if there is a parking issue, the other businesses will make sure the seating restriction is enforced and the Village is informed of any problems. The Petitioner commented, as landlord, he plans to help enforce restriction too. Chairman Decker contributed that threat of loss of business license is also significant. Chairman Decker is concerned about safety, potential parking issues, and enforcement of the seating plan. Member Schofield remarked that if the restaurant opens it will be interesting to see what happens with parking. Member Schofield asked where the Philip Anthony Salon is moving? The Petitioner replied to Dunsten plaza. Chairman Decker asked why are they moving? The Petitioner responded the management company has encouraged them to move, to help with parking and to be more centrally located to their client base. The Petitioner offered lower rent and subsidized moving costs. Member Schofield asked who would be ideal for the vacant spots? The Petitioner 3 Minutes of Regular Zoning Board of Appeals Meeting November 26, 2012 provided examples of an optical shop, a florist, or anything that qualifies as a standard retail use and doesn’t generate lunch traffic. Mr. Richard Friedman, of 773 Sarah Lane in Northbrook, was sworn in to testify. He commented he was involved in the Chase bank matter. Mr. Friedman, himself a business owner, believes everyone should be allowed to run a business. He feels the strip mall is not large enough for 2 restaurants. He patronizes the bank and Josh’s and his wife frequents Visage. There is not enough parking and there is too much traffic congestion. He feels the strip mall is not appropriate for this use. Mr. Friedman also believes there is a large potential safety issue. He was driving and was hit by another car in this area. Mr. Friedman asked the ZBA to consider his concerns in their deliberations. Chairman Decker asked Mr. Friedman what compelled him to patronize that bank if there are other banks close-by? Mr. Friedman indicated he is a loyal Northbrook Bank and Trust customer and uses them both for his personal and business finances. He added that at times he has tried to go to the bank and has had to return because there is no parking. He likes to use local businesses. Member Menn motioned, seconded by Member Lown, to close the public hearing. On voice vote, the motion passed. Chairman Decker considered and agrees with Member Schofield’s comment that any future tenants for the strip mall will be affected if parking is insufficient. Member Menn’s biggest concern is setting a precedent for passing such a large parking variation. This is a 22% variance and 25% is the maximum. Member Menn feels this is a self-righting issue, and agrees with Schofield. Member Menn continued that he visits the shopping center 3-4 times a week. He feels that if there are too many car accidents, the police department will bring the issue to the Village Board. Also, tenants won’t renew leases or customers won’t visit the establishments due to a lack of parking. Member Menn noted that the variance is currently written as granted to a restaurant generally, and asked if it could be restricted to North Shore Mongolian BBQ? J. Maisch replied that the variance could be made specific to this tenant. Chairman Decker added, or it could be specific to this type of restaurant model. Chairman Decker reopened the public comment portion of the meeting. The Petitioner indicated he would be happy to restrict the variation for this dining concept, or the restaurant can join on as a petitioner. J. Maisch indicated the petitioner cannot be amended without re-noticing. Therefore the restaurant concept would have to be the condition. Member Craig, seconded by Member Lown, motioned to close the public hearing. Member Schofield suggested the restaurant only open for dinner, then the lunch traffic would not be an issue, and it might be more efficient. He feels the marketplace will solve the issues discussed. Member Schofield commented that the Petitioner risks loss of tenants if the parking is insufficient. Member Menn moved to accept DOCKET No. 12-Z-8, subject to following conditions: 4 Minutes of Regular Zoning Board of Appeals Meeting November 26, 2012 Variation is specifically for a North Shore Mongolian BBQ-type of restaurant Restaurant seating remains in compliance during lunch hours Number of employees is limited to 4 peak shift employees No more than 28 seats between 11:30am and 1:00pm, per the seating plan referenced by the Petitioner. Member Menn would like to once again encourage the Village Board to help monitor and enforce parking issues onsite. Member Lown seconded the motion. Roll was called; the motion carried unanimously. 5. Old Business There was no old business. 6. New Business No meeting will be held on December 24th. The next meeting will be the fourth Monday in January. J. Maish asked the Members which of two versions of a report layout they preferred. The Commissioners liked the alternate report. There was brief discussion of potentially moving the meeting time from 7:30 pm to 7:00 pm. 7. Adjourn There being no further business, Member Craig moved, seconded by Member Schofield, to adjourn the meeting. On voice vote, the motion carried. Chairman Decker adjourned the meeting at 8:47 pm. Respectfully submitted, /s/ Lindsay Sweet Recorder 5