Planning and Zoning Board

MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 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 along with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio were Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Richard Wlodarski, Assistant Director of Community Development. Chairman Kanelos stated before we start I’d like to make a brief announcement. You all should have received a packet delivered to your home regarding a building and zoning committee meeting that is going to address the sign ordinance. It is Wednesday, the 14th, and all the members of the Plan Commission are invited to attend. Next item on the agenda was the minutes from the June 7, 2010 meeting. Chairman Kanelos asked if there were any corrections, additions or clarifications. Commissioner Nakanishi noted that she had a couple of corrections. Page 8, paragraph 5 and page 9, paragraph 6 were duly noted by the secretary and corrected earlier in the day before the minutes were approved. Commissioner Dubiel asked if the minutes were verbatim. Chairman Kanelos said no, these are summary minutes. We used to have verbatim minutes but not anymore. He entertained a motion to approve the minutes. Commissioner Dubiel moved to approve the June 7th minutes as corrected. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel There being seven (7) affirmative votes the motion carried. Commissioner Dubiel said at the last meeting we had an open question about these private easements or lease agreements. Did the Village Attorney get any clarification on this? Page 1 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Joseph Annunzio, the Village Attorney, said the only thing that is required determining whether or not it is a Special Use is what is in the ordinance book. Anything beyond that is beyond the scope of the authority of this Board to make a determination whether they deserve or should have a Special Use. So the question is if they need an easement to reach access to property on which they are requesting a Special Use, that is frankly beyond our interest. Whether they can reach the property, whether they can afford to implement the Special Use, all that is beyond the scope of this Board. OLD BUSINESS None NEW BUSINESS 10-ZP-11 Mr. Chad Gargrave, agent Clear Wireless LLC 7600 S County Line Rd Burr Ridge, IL 60527 Requesting a Special Use to section IX (B)(2)(d) to install three microwave backhaul dish antennas on an existing monopole cell tower at 6420 W Howard St., Niles, IL. 10-ZP-12 Mr. Sammy Zaya, owner 52840 Seven Oaks Dr. Shelby Township, Michigan 48316 Requesting approval of a Special Use to appendix B section VIII (B)(3)(z) for a full service restaurant and food carryout store and to appendix B section X (B)(10)(y) for a parking variation of a total of 16 total spaces or 47% at 9021 N. Milwaukee Ave., Niles, IL. Chairman Kanelos called for the first item on the agenda. 10-ZP-11 Mr. Chad Gargrave, agent Clear Wireless LLC 7600 S County Line Rd Burr Ridge, IL 60527 Requesting a Special Use to section IX (B)(2)(d) to install three microwave backhaul dish antennas on an existing monopole cell tower at 6420 W Howard St., Niles, IL. Richard Wlodarski, Assistant Director of Community Development presented Page 2 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 the petition. He read the following for both cases tonight so he didn’t have to keep repeating the legal notice. Legal notice was published June 10, 2010 in the Bugle Newspaper and letters were mailed out to all the property owners within 250’ of both properties on tonight’s agenda. This request is to install three microwave backhaul dish antennas on three existing triangular apparatuses. Currently the tower has three triangular apparatuses consisting of three antennas on each apparatus for a total nine antennas at a height of 63’. New antennas will be installed on the existing apparatuses at 65’ and now will total twelve in number with four antennas on each apparatus. This request has been reviewed by Municipal Services and Associates, which is a consultant for the Village of Niles for communication systems. MSA has recommended approval for the installation of the antennas. The Community Development Department recommends approval of the installation of these three antennas with the following conditions. The antennas, microwave dishes and coaxial cables which extend from the transmission equipment to the antennas shall be painted to match the color of the tower to minimize any potential visual impact. This Board is a recommending Board to the Board of Trustees on this matter. Chairman Kanelos asked if there were any questions of Mr. Wlodarski. Commissioner Dubiel asked that the packet be introduced as Exhibit I on this petition. Commissioner Schulter asked Mr. Wlodarski about the discrepancy with the actual address of the cell tower site. Will that be resolved prior to going to the Trustees? If we do approve it, it will be based on an incorrect address. Mr. Wlodarski stated you will approve 6352 W. Howard. Chairman Kanelos asked if there were any other questions. He asked Mr. Wlodarski if the department heads get the same packet as this Board. He noticed the Chief of Police stated he had no objections. But then he noticed in the MSA report the proposed antennas are exempt from FCC radio frequency due to the mounting height of the antennas. The Village has requested a good faith effort be made to separate Clear Wire’s frequencies from those used by the Village to maintain the integrity of Village communications. MSA is satisfied the proposed project will not interfere with the radio frequencies used by the Village. Obviously that satisfied the Chief of Police. Mr. Wlodarski said most of the assurances are coming from Municipal Page 3 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Services. As far as the technical issues I would refer you to the applicant here tonight. Chairman Kanelos said as far as you know there has never been any interference with any other towers that have been put up. Mr. Wlodarski said there have been no problems with interference. Commissioner Dubiel had a question for Mr. Annunzio. They are exempt under FCC regulations. Is that a condition? Mr. Annunzio said we could add it as a condition and then wait and see if we get a legal question that is brought up in court. There were no other questions. Chairman Kanelos called the petitioner to the microphone. Mr. Chad Gargrave, agent, Clear Wireless LLC (aka Clear Wire), 7600 S County Line Rd., Burr Ridge, IL 60527 stepped forward and was sworn in. He said Mr. Wlodarski did a good job discussing the site. It is an existing tower in the light manufacturing district. Sprint (a partner with Clear Wire) is already on the tower with the nine existing antennas. Clear Wire will add three broadband antennas to complete the broadband facility to give 4g technology. It meets the conditions for a Special Use permit. To reply to MSA’s exemption in their report, as long as Clear Wire meets the standards set by the FCC they are not interfering with other forms of communication. The public safety communications are on different frequencies. Commissioner Schulter asked Mr. Gargrave if there had to be a different support bracket to house the new antenna on the structure. Mr. Gargrave said that is correct and asked the Board to open their packages to page RF-11 – there is an overhead view of the triangular support structure that attaches to the monopole. There are nine smaller antennas placed around that triangle. Then you see the three larger dish-shaped antennas near the points of the triangles. Each one is mounted to a pole; so the pole is mounted and the antenna is bolted onto the pole. It will be the same as the other Niles sites Clear Wire has. Vice-Chairman Dimond asked if she understood correctly these dish antennas are being installed in order to provide better broadband coverage throughout Page 4 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 the Village. Mr. Gargrave said yes, the panel antennas are already installed. They transmit to cell phones or wireless laptops. The dish antennas point directly to other monopoles or building sites and transmit the information back and forth to the internet and allow for 4g speeds. Commissioner Dubiel asked Mr. Wlodarski if we are reaching a saturation point where the monopole towers will be full and not allow competitors to come in with additional services. Mr. Wlodarski said to ask the applicant. He would know how much more could be added to this or any other pole. The frequencies have to do with heights; the FCC regulates the heights and how much you can put on the pole. Mr. Gargrave replied it is always tough to know what the future will bring. This technology changes so quickly. There are a number of carriers looking to fill in gaps in their coverage; so they are always looking at other towers and tall buildings to put their antennas on. You don’t know from carrier to carrier how much equipment they want to put in. For instance on this particular tower there might be structural and physical space to put on more antennas; a smaller carrier like Cricket might only want to put up three antennas and may be able to do it. A larger carrier wanting to put up twelve to fifteen antennas, maybe not. He was speaking hypothetically. Maybe the carrier needs 120’ in order to broadcast. Another carrier might need only 80’. Many carriers are coming into situations in Chicago suburbs where the residential area is dense but they are having trouble locating the existing towers. That is normal for these residential communities. We couldn’t say specifically for Niles without further investigation. Mr. Wlodarski said the Niles Park District will only have four carriers because of the ground space (cabinets) available to lease. Once that space is spoken for, no other carrier can go on. Not that other carriers wouldn’t allow their competitors to use their equipment, or in this case install equipment on already installed equipment, that determines how much they can put on it also. Commissioner Schulter mentioned the nice thing is they are smaller than what they used to be. Page 5 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Mr. Gargrave replied that is correct. Let’s say now you have room for four carriers. In the future you may have room for five carriers as technology shrinks. Chairman Kanelos said there was one condition recommended by the Community Development Department and that is the equipment be painted to match what is there. Is that acceptable? Mr. Gargrave stated yes. Chairman Kanelos asked if there were any other questions from the Commissioners or the public. There were none. He then entertained a motion. Vice-Chairman Dimond moved to approve the Special Use requested by Mr. Chad Gargrave, agent, Clear Wireless LLC, 7600 S County Line Rd., Burr Ridge, IL 60527 for Special Use under section IX (B)(2)(d) to install three microwave backhaul dish antennas on an existing monopole cell tower at 6420 W Howard St., Niles, IL. She also moved in conjunction with approval of this Special Use we make several findings. One - is this necessary for the public convenience to allow 4g network service throughout the area; it is also designed and proposed to be operated so the public health, safety and welfare will be protected. In review of the materials, it appears the addition of these dish antennas on the pre-existing monopole cell tower will not have any negative impact on the health, safety and welfare of the people of Niles. She moved to make the finding it will not cause substantial injury to the value of other property in the neighborhood in which it is located. These will be put on a tower that is already there and the owner has agreed to paint them the same color as the pole so as to make them as unobtrusive as possible. Seconded by Commissioner Dubiel who made a friendly amendment. The address as corrected in our packet should be 6352 W. Howard St., Niles, IL 60714. On roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Page 6 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Chairman Kanelos called for the next item on the agenda. 10-ZP-12 Mr. Sammy Zaya, owner 52840 Seven Oaks Dr. Shelby Township, Michigan 48316 Requesting approval of a Special Use to appendix B section VIII (B)(3)(z) for a full service restaurant and food carryout store and to appendix B section X (B)(10)(y) for a parking variation of a total of 16 total spaces or 47% at 9021 N. Milwaukee Ave., Niles, IL. Mr. Wlodarski presented this petition. This request is to open up a carryout only restaurant serving Middle Eastern cuisine. For the zoning ordinance, a 47% parking variation is required. After staff review of the existing tenants located in the strip center and the intent of the required parking for carryout restaurants, the staff feels there are no concerns in granting a 47% variation. The Community Development Department recommends approval for this Special Use with the parking variation with the following conditions: the parking variation shall only apply to the shopping center as long as the Special Use is still active for the restaurant it was granted for. This Board is a recommending Board to the Board of Trustees. Commissioner Dubiel requested the packet be entered as evidence as Exhibit I. Also – a question for Mr. Wlodarski. The application says 50%; you show 47%. Is 47% correct? Mr. Wlodarski stated yes, it is correct. Commissioner Dubiel wanted a better understanding of this condition. You said for the restaurant it was granted for. If the petitioner were to sell the same restaurant to another owner, the Special Use would still be in place, correct? Mr. Wlodarski stated yes. Commissioner Dubiel then asked if this store were to close and the petitioner were to open a new store similar or identical, would the Special Use be in place. Mr. Wlodarski said that would have to be reviewed. Could be a possibility. Page 7 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Commissioner Dubiel asked if the Board should name the restaurant in our conditions. Mr. Wlodarski said yes, to be on the safe side, you can name it. Commissioner Troiani said once in a while there is saturation in a little strip mall. People spend a lot of money to get started and there just is not enough parking. So if there is not enough parking they use the parking for the other tenants. Someone may close up and get out and there are bad feelings. He doesn’t think there is enough parking for a restaurant of this type. Commissioner Schulter asked if it is correct this is a takeout restaurant only. There won’t be any patrons actually using the restaurant. Mr. Wlodarski said yes, it is carryout only. Chairman Kanelos said there are five stools. There could possibly be five patrons eating but it is largely takeout. Mr. Wlodarski said the applicant will reiterate that tonight. Those stools are just for people waiting to pick up food, not to eat. That is how this was put together. He will clarify that. Vice-Chairman Dimond asked Mr. Wlodarski about the aerial view of the center that shows some parking in the rear also. It that used by employees with entrances in the back of the building? Mr. Wlodarski said sure, the employees use that for any business located in the strip mall, but there is more than enough parking for other people to use that, not just employees. If you look at the makeup of the mall: a travel agent, beauty salon and a food store. Upon observation we don’t feel there are any parking issues whatsoever. In the summary that was put together, it was put in the ordinance as more of a safeguard for a Lou Malnati’s type of carryout or a Dairy Queen, that can generate an extreme amount of traffic. We don’t anticipate this type of business generating that. That was the intent of the ordinance when it was put in place in 2002. Vice-Chairman Dimond said looking at the property at 9015 N. Milwaukee Ave. as a separate property, they cannot park in that parking lot. Page 8 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Mr. Wlodarski said correct. Commissioner Dubiel wanted clarification on Vice-Chairman Dimond’s question. The three businesses already in place are considered to be low parking usage. They have plenty of parking now. Mr. Wlodarski said correct. Chairman Kanelos called the petitioner to the podium. Mr. Sammy Zaya, owner, 52840 Seven Oaks Dr., Shelby Township, Michigan 48316 stepped up and was sworn in. He had nothing else to add to Mr. Wlodarski’s presentation. Chairman Kanelos asked how many employees would be at the restaurant. Mr. Zaya said three or four. It depends on how busy it gets. Chairman Kanelos asked if Mr. Zaya had similar restaurants anywhere else. Mr. Zaya said no. Chairman Kanelos asked if he had percentages on how much of the business would be takeout or dine-in. Mr. Zaya said 90% or more would be carryout. Those stools are there just so the customers can wait for their food. Mr. Wlodarski said to Chairman Kanelos this was presented as carryout only. Commissioner Dubiel asked if this would be similar to a Pita Inn. You come in, you place an order, you wait five minutes or so and then you leave. Mr. Zaya said it would probably be ready when they come in. They call in advance and then it is ready for pickup. Commissioner Dubiel asked if he did research to pick this location and did he think there would be a parking problem. Mr. Zaya said yes, he researched it and no, he didn’t think there would be a parking problem. Page 9 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Commissioner Troiani said you are applying for a full service restaurant and a carryout store but you say it is carryout only. Would you like to take “full service” out of this application? Mr. Wlodarski interjected to Commissioner Troiani the way the ordinance reads it says “full carryout” but it is not a full carryout. That is the only category we have to put him in per the zoning ordinance. But it is a carryout only restaurant. We don’t have a category for carryout only. It is combined. Commissioner Dubiel said that could be a condition. Commissioner Troiani said but we are setting a precedent for putting a 50% variation on parking for the whole strip center. Mr. Wlodarski stated 47%. Commissioner Troiani said in the future, if that is the way the ordinance reads, it should be changed. We can make that recommendation into these minutes. When the Trustees read it they will realize our ordinance is too vague because a full service restaurant and carryout will not work in this area. 50% parking variation is too much. All the other tenants in the strip center have employees and customers. They want traffic too. He doesn’t think we are giving this guy (Zaya) a chance to survive. Commissioner Schulter wanted a clear understanding before the Board votes on this. Is this going to be a takeout restaurant and you are not going to be serving customers inside the restaurant? Mr. Zaya said carryout only. Then the customer will pick up the food and leave. Vice-Chairman Dimond asked what the hours of the restaurant will be. Mr. Zaya said probably 10 a.m. until 8 p.m. It depends on how busy he will be. Commissioner Schulter asked beside the carryout where customers come in to pick up their food, will you be delivering food also? Mr. Zaya answered he wasn’t sure but maybe in the future. Page 10 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Chairman Kanelos asked if the Commissioners had other questions. There were none. When asked if anyone in the audience had questions, Mr. Sherwin Klein, 9050 N. Churchill Circle, Niles, IL 60714 stepped to the podium and was sworn in. Mr. Klein stated his property parallels the rear parking of this strip center. Three days a week there a few cars back there because most of the parking is in the front of the building. But Tuesday, Wednesday, Thursday and Friday the entire rear parking area is full. He has lived there for forty-three years and as the center has been increased, so have the problems to his property. Garbage problems, lighting problems, people [on the weekends] who go to the restaurant down the way and throw beer bottles, etc. into his yard. He has had to call the police a number of times and is concerned this new carryout restaurant will increase traffic in the back area. There is not enough lighting in the back. The owners of the property do not leave lights on. There is a real concern about security issues because it is so dark in the back area. He is not against business coming into Niles knowing the Village needs the revenue but these other issues need to be addressed and taken care of. He is getting tired of having to be on the lookout at night to see what is going on behind this center. Chairman Kanelos said Mr. Klein mentioned Tuesday, Wednesday, Thursday and Friday the back lot is filled. You don’t know if the front lot is full. Does the beauty salon have an entrance in the back? Is that the primary entrance? Mr. Klein stated yes. There is an entrance in the back but the primary entrance is in the front. All the stores have an entrance in the back besides the one in the front. Chairman Kanelos asked if there were any questions from the Commissioners. Commissioner Schulter asked Mr. Klein if he has approached the landlord of the building to place security lights in the back. Mr. Klein said when the building went up the landlord said he was going to put hedges along the fence, add lighting and so on. That never happened and that was many years ago. One time a car jumped the concrete bumper and Page 11 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 went through the fence in his yard. Right now the fence is coming down because a couple of the concrete bumpers are broken. New ones were installed and the old ones are lying up against his fence. The tenants have no control over their customers. The customers are the ones causing problems. Garbage in the backyard, beer cans, pop cans. He could spend two days a week cleaning up his yard. Commissioner Dubiel said it sounds like your concerns are a code enforcement issue. If the landlord is a scofflaw, that might be something that should be looked into. Mr. Klein said he is in contact often with code enforcement. If there is a problem in the neighborhood he is the one who calls. They do a great job when made aware. Commissioner Dubiel addressed Mr. Zaya about Mr. Klein’s genuine concerns. There is going to be a significant rehab here. For his own employees’ security until 8:00 p.m. or 9:00 p.m., would he consider putting a spotlight at the backdoor. Mr. Zaya said yes at his door, but not in the parking area. Commissioner Schulter said he believes the landlord has to give permission for that. Mr. Klein said there are no lights on at night. There are lights over each door but they are not on. Chairman Kanelos said to the Commissioners he sympathized with what was being said but the Board is limited with only being able to address the parking volume issue. Commissioner Troiani disagreed and said there is a chance now to make everyone aware of the problem. These people should be able to call the police department and remind them to check these types of establishments especially on the weekends when more people are out eating and drinking at the restaurant down the street. Chairman Kanelos said the point he is trying to make is the issue here for the variance is for parking. We must try to focus and address the issues Page 12 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 related to this particular variance. He asked how often the other businesses in the strip are open – six days, seven days. Mr. Klein answered the travel agency is open every day. It varies. Mr. Wlodarski said he couldn’t give exact hours of operation. The grocery store is generally open all the time. Mr. Klein said it is mainly the travel agent and the beauty shop. Chairman Kanelos asked if there were other questions from the Commissioners. Vice-Chairman Dimond asked what the hours of the beauty shop are. Mr. Klein stated he couldn’t answer that. The cars start coming in around 8:30 a.m. and are there until around 5 or 6 p.m. then gone for the evening. Commissioner Dubiel said we have before us a packet that goes through the various departments for critical review, i.e. fire department, building department, police department. It is signed off there is no law enforcement issue or concern with Mr. Zaya’s store opening. Mr. Klein said he wasn’t sure if this area was any different than any other area we have in Niles. There was a break-in about nine months ago. If the police make periodic calls to them [concerned] then it is not an issue for them but it is certainly an issue for him. But if the police department doesn’t care if we keep calling, he doesn’t care, he will keep calling. Commissioner Dubiel said Mr. Zaya is not causing the problem. This is really an ongoing problem for the owner of the building. It should be addressed through the police department to make sure things are up to code. Chairman Kanelos said he was speaking with the Village Attorney just now and we can make as a condition of the approval that the landlord improve the lighting on the rear of the property. That could alleviate some of the property with excessive parking and the problems that occur with that. Would that help the situation? Page 13 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Mr. Klein stated of course. It would also be nice to include the lighting towards their building and not towards his home. Chairman Kanelos asked if there were any other questions. Vice-Chairman Dimond wanted Mr. Zaya to confirm he is not having a liquor license. Mr. Zaya stated no, not at all. He said Chairman Kanelos mentioned they don’t want that light to be shining in Mr. Klein’s backyard. How will that be done – by setting up a pole against his fence? Chairman Kanelos said there would be some way that lighting would have to get to the back or some kind of low level lighting. However this would be through the landlord, not Mr. Zaya. Vice-Chairman Dimond has a question for Mr. Annunzio. The applicant for the Special Use is Mr. Zaya, who is the tenant. However some of the conditions we are talking about are things the landlord has to address. Mr. Annunzio said we can make a condition for the light but if the owner of the property doesn’t want to put the light in, the condition is not met and there is no variance. Mr. Wlodarski said there could be a condition added to his business. He is going to have his own electrical service for his business and it will go to his electrical service, not the landlord. He isn’t sure how the building is set up where sometimes you have hallways in common areas the landlord would pay for. If it doesn’t go under his service you can’t all of a sudden make the other existing tenants pay that bill. Chairman Kanelos said the only problem with that is it puts the onus of the correction of the problem on the tenant and not the landlord. It is really a problem with the building. Commissioner Dubiel asked what the code is. Can you have an area behind a commercial property devoid of light? Mr. Wlodarski said there is no ordinance one way or another. We have just as many situations where the neighbors are complaining there are too many lights. He thinks in this case they can put a light where it is not going to affect the neighbors and still light the area in the back. If you want to Page 14 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 continue this until the landlord approves and appears before the Board, it is the Board’s prerogative. Commissioner Dubiel asked Mr. Zaya if time was of the essence. Do you need an answer tonight? Mr. Zaya said it can wait. He asked Mr. Klein if it is just his property facing the center or are there other neighbors facing the center. Chairman Kanelos said the vast majority of the property facing is Mr. Klein’s – 80% or more. Commissioner Dubiel said they could possibly vote on this tonight if Mr. Zaya is willing to address this on his own and at his own cost as part of his build- out. Just put a light on your store only. If not, and this is a general issue, then this will be tabled until next month so the Board can hear from the landlord and get his input. Mr. Zaya said he did not want to pay for everyone else. Commissioner Dubiel said if he were to give the condition today he would ask for a light that illuminates the parking area behind Mr. Zaya’s store. Would that be reasonable? Mr. Zaya came to the overhead map and was shown exactly which store he will be leasing and how Mr. Klein’s property is right there. At that time Mr. Zaya said he would rather delay this until the landlord appears. Commissioner Dubiel motioned that the Board table petition 10-ZP-12 until the next meeting on August 2, 2010. Commissioner Troiani said if the Board is calling in the owner of the property he should be made aware there is going to be a 50% (actually 47%) variation for parking. That takes care of the whole property. Commissioner Schulter asked Mr. Wlodarski who will notify the landlord to attend the next meeting. Mr. Wlodarski said it would be in the applicant’s best interest if he [Mr. Zaya] contacts the landlord. However, the landlord is free to call the Community Development Department if he needs any information before he appears at the August 2nd meeting. Page 15 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 Chairman Kanelos said the Board is going to be asking the landlord to address the rear lighting as part of the condition of the approval of this variance. Commissioner Troiani feels the owner should be given more time than three and one half weeks to address this problem. He needs time to get an electrical contractor. Chairman Kanelos replied he doesn’t have to get a contractor or have the work done by then. He just has to appear to discuss this. The Board needs to know if he is willing to address the improvements. Commissioner Dubiel said the Board wants the landlord to become a party to the application and legally he would be bound by the condition of this. We would have a special condition that the back would be lit by some specifications. Mr. Wlodarski said to keep in mind that any other business that went in that center that did not need a Special Use variation could do so with no lighting whatsoever. You are attaching this condition to this gentleman’s business only. Commissioner Dubiel said there is a chance the landlord will say no. He said to Mr. Zaya “you are going to need a light behind your store anyway, right?” Chairman Kanelos said there is a motion on that. Commissioner Dubiel said he withdraws his motion. Chairman Kanelos said if the Board is going to start discussing things outside motion, we either have to vote on the motion or go back and open it up for discussion. The petitioner has mentioned he would rather wait until next month, so we should move forward with the motion, pass the continuance and address this next month. Furthermore, if the landlord chooses not to do it, Mr. Zaya has a right next month to say he will put in his own lighting. To clarify, if Mr. Zaya chooses not to do the lighting and you are only willing to do the light for your back door, the Board can still vote on it, even without the lighting. We are discussing making it a condition. This Page 16 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 petition can be voted on next month even if nothing is addressing the lighting. Mr. Klein said you can make this easy. Every doorway has a light above it. If there were told they had to keep those on, you may not have to worry about having anymore lights. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion to continue until August 2nd carried. Chairman Kanelos said, as a reminder, there was a seminar February 2nd at which time minutes were taken. The Commissioners received the minutes. Commissioner Dubiel moved to approve those minutes. Seconded by Commissioner Schulter, on roll call the vote was: AYES : 5 Surace, Kanelos, Nakanishi, Schulter, Dubiel ABSTAIN: 1 Dimond PASS: 1 Troiani There being five (5) affirmative votes the motion carried. Mr. Wlodarski stated starting next month the Board will be receiving parking studies for these parking situations in bigger shopping centers similar to what was done with Assi Plaza to address shared parking. Next month you will see a 46% variation coming in front of you but there is language in our zoning code that allows documentation as long as the data supports a parking variation being granted. If the report is not favorable, we will not bring it in front of the Board. We will keep these reports as shopping centers ask for variations. You will see one on Golf Glen Shopping Center next month. At this time, Chairman Kanelos entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel Page 17 of 18  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 12, 2010 NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:05 p.m. Kathleen Janessa, Recording Secretary Page 18 of 18