Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 4, 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 was 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 asked if there were any questions, clarifications or corrections to the minutes of September 13, 2010. There were none. Commissioner Dubiel moved to approve the September 13, 2010 minutes. Seconded by Vice-Chairman Dimond, 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. Commissioner Dubiel brought up that on occasion he has prepared in advance motions to meet the statutory requirement of accuracy for the findings; these motions can obviously be to approve or deny. He would like clarification from Village Attorney Joseph Annunzio. Mr. Annunzio’s reply is inaudible. Commissioner Dubiel said he didn’t want the appearance that he was prejudging. Chairman Kanelos said for clarification you come with the facts. The motion could be made to approve based on those facts or to deny. It is not a predetermined motion. It is just the facts that you have laid out. Commissioner Dubiel said the motion is prepared and he takes the facts from the packet and presents it here in the live information. Page 1 of 5  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 4, 2010 NEW BUSINESS 10-ZP-22 Niles Shopping Center LLC, Marilynn Grais, agent Amina Rehama, owner 1326 Sunview Ln. Winnetka, Illinois 60093 Requesting approval of a Special Use to appendix B, section VIII (B)(3)(hh) for a business whose primary activity is the sale of tobacco products at 7509 N. Milwaukee Ave., Niles, IL 60714. Chairman Kanelos called for the only item on the agenda. 10-ZP-22 Niles Shopping Center LLC, Marilynn Grais, agent Amina Rehama, owner 1326 Sunview Ln. Winnetka, Illinois 60093 Requesting approval of a Special Use to appendix B, section VIII (B)(3)(hh) for a business whose primary activity is the sale of tobacco products at 7509 N. Milwaukee Ave., Niles, IL 60714. Richard Wlodarski outlined the case. This is case #10-ZP-22, subject property at 7509 N. Milwaukee Ave. Legal notice was published September 16, 2010 in the Bugle Newspaper. Letters were mailed out to all the properties located within 250 feet of the subject property. It is for a Special Use to open a tobacco shop for the sale of tobacco and tobacco-type products. The Community Development Department has reviewed this request and has no objections to this Special Use with the following condition per the Chief of Police: water pipes shall be restricted to hookah types only. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions from the Commissioners or from the public. There were none. At that time the petitioners approached the podium and were sworn in. They were Marilynn Grais, manager of the shopping center, 1326 Sunview Ln., Winnetka, IL 60093; Amina Rehama, proposed owner of the business, 4254 Greenwood, Skokie, IL 60076; Ahmed Youssef, husband of Amina Rehama, 4254 Greenwood, Skokie, IL 60076. Page 2 of 5  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 4, 2010 Chairman Kanelos asked that the packet received by the Commissioners be entered as Exhibit A. The petitioners had nothing to add to Mr. Wlodarski’s summation of the petition. Vice-Chairman Dimond asked if the shop was going to have a smoking room within the facility. Ms. Rehama said there would not be a smoke area. No smoking within the store. For sale only. Commissioner Dubiel asked for information on the products that will be sold. Is it strictly tobacco? What other products and paraphernalia will be sold? Ms. Rehama answered she will sell tobacco and all the stuff to supply tobacco. Cigarettes, hookah. Whatever you use for tobacco, she will sell it. Pipes and rolling papers also. Mr. Youssef said they will sell all tobacco and rolling machines, cigarettes and cigars, tobacco hookah, small pipes, large pipes. Commissioner Dubiel clarified that any paraphernalia used to smoke would be sold there. Mr. Youssef said if they have a choice, they will sell it. If told no, they will not sell it. Not everybody says okay. He knows he has to follow the law. Commissioner Dubiel said his concern is, as a young man, tobacco shops were a major source of additional accoutrements necessary to smoke or use illegal drugs. That is why he is concerned as to what type of paraphernalia is going to be sold. Is there a minimum age required to enter the store? Mr. Youssef said yes, 18. No one under 18 can be in there. They will check identification. Chairman Kanelos asked the petitioners why having this business at this location is necessary for the public convenience. Do they feel there is a demand for the products? Page 3 of 5  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 4, 2010 Mr. Youssef said he likes the area because of three busy streets: Milwaukee, Howard and Oakton [he means Harlem, not Oakton]. There is a taxi company behind them with a lot of drivers who smoke. They will try. Also good price for rent. Chairman Kanelos asked if they feel there is a demand with the public for the products that they will sell. People want to buy the product you are selling and that is why you want to set up in that location. Mr. Youssef said yes, because he sells tobacco for someone now and everybody loves his tobacco. Tobacco people said why doesn’t he try and open [the business] and they will help him. They can sell those products so they will try. Chairman Kanelos asked if there were other questions from the Commissioners or from the public. At this time he entertained a motion. Vice-Chairman Dimond moved that 10-ZP-22, Niles Shopping Center LLC, Marilynn Grais, agent, Amina Rehama, owner, 1326 Sunview Ln., Winnetka, Illinois 60093 - requesting approval of a Special Use to appendix B, section VIII (B)(3)(hh) for a business whose primary activity is the sale of tobacco products at 7509 N. Milwaukee Ave., Niles, IL 60714 be approved and in conjunction with that approval also moved that they make the findings as follows: that this Special Use is necessary for the public convenience at that location and the owners apparently believe there is a demand for their product in Niles and that the public would like to shop at their location for their products. It appears the store is designed, located and proposed to be operated so the public health, safety and welfare of the public in the area and other stores will be protected – specifically we understand there will be no smoking in that facility. The Special Use will not cause any substantial injury to the value of other property in the neighborhood in which it is located. Added to the motion: that the request be granted with the condition that the only water pipes sold there shall be restricted to the hookah type. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, NAYS: 1 Dubiel There being six (6) affirmative votes the motion carried. At this time, Chairman Kanelos entertained a motion to adjourn. Page 4 of 5  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS October 4, 2010 Commissioner Dubiel moved to adjourn. Seconded by Commissioner Surace, 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. The meeting adjourned at 7:15 p.m. Kathleen Janessa, Recording Secretary Page 5 of 5