Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 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 was Village Attorney Joseph Annunzio, Commissioners Karen Dimond, Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of May 7, 2012. Commissioner Schulter stated there is one correction on page 5, second paragraph: the word should be abrogated, not aggregated. Commissioner Dubiel moved to approve the minutes of May 7, 2012 as corrected. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. OLD BUSINESS 12-ZP-11 Charles F. Ostman, Director Dept. of Community Development 1000 Civic Center Dr. Niles, IL 60714 Text amendment to Appendix B Section III. Rules and Definitions to add cosmetic tattooing and to amend Section VIII (B)(3)(c) to include cosmetic tattooing as a Special Use. Text amendment to Appendix B Section VIII (C)(3)(k) to add merchandise and loan as a Special Use. NEW BUSINESS 12-ZP-16 Charles F. Ostman, Director Department of Community Development 1000 Civic Center Dr., Niles, IL 60714 Page 1 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Text amendment to Appendix B Section VII (B)(2)(j)(2) for water tower mounted equipment as a Special Use. Text amendment to Appendix B Section X (B)(6) for parking module dimensions and to Appendix B Section X (B)(7) to add new language. 12-ZP-17 Robert Tomich, owner 6215 W. Touhy Ave. Chicago, IL 60646 Requesting approval of Plat of Subdivision Appendix B Section XI (C.1)(3)(i) – Robert Tomich’s resubdivision at 8951 N. Maryland St., Niles, IL 60714, PIN #09-14-403-024-0000. 12-ZP-18 Vonan George, owner 8338 N. Kildare Ave. Skokie, IL 60076 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(ii) to operate a tanning salon at 5610 W. Touhy Ave., Niles, IL 60714, PIN #10-29-403-027-0000. 12-ZP-19 Albert C. Bettuzzi 1021 Vine Ave. Park Ridge, IL 60068 Requesting a variation to section 78-92 (3)(a)(b) to allow a variance from the requirement requiring the second sign to be 50% in area size of the primary sign to the second sign being the same size in area at 800 Civic Center Dr., Niles, IL 60714. Chairman Kanelos called for the first item of old business on the agenda. 12-ZP-11 Charles F. Ostman, Director Dept. of Community Development 1000 Civic Center Dr. Niles, IL 60714 Text amendment to Appendix B Section III. Rules and Definitions to add cosmetic tattooing and to amend Section VIII (B)(3)(c) to include cosmetic tattooing as a Special Use. Text amendment to Appendix B Section VIII (C)(3)(k) to add merchandise and loan as a Special Use. Page 2 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Richard Wlodarski presented this case. This is case 12-ZP-11. The two [2] text amendments will be presented separately. The first is a text amend- ment for cosmetic tattooing. This case was previously in front of this Board in April 2012 and was approved. The original presentation was correct but the ordinance sections were listed incorrectly which only allowed cosmetic tattooing in B-2 Zoning District. It was supposed to be allowed in both B-1 and B-2 Zoning Districts because there are beauty salons in both districts. The corrections are now listed properly and we recommend approval for this ordinance change. Along with adding the definition of cosmetic tattooing, this was correct, but not forwarded on to the Village Board until the corrections were made to place this ordinance in its proper location. This Board is a recommending board to the Board of Trustees. Chairman Kanelos asked if there were any questions for Mr. Wlodarski from the Commissioners or the audience. There were none. He then entertained a motion. Commissioner Troiani moved to accept 12-ZP-11 - Charles F. Ostman, Director, Dept. of Community Development, 1000 Civic Center Dr., Niles, IL 60714 - text amendment to Appendix B Section III. Rules and Definitions to add cosmetic tattooing and to amend Section VIII (B)(3)(c) to include cosmetic tattooing as a Special Use. It was seconded by Commissioner Nakanishi. On roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. This Board is a recommending Board to the Board of Trustees. Richard Wlodarski presented the second part of case 12-ZP-11. It is a text amendment to add merchandise and loan as a Special Use to Appendix B Section VIII (C)(3)(k). This case was previously in front of this Board in April 2012 as adding pawn shops as a Special Use to the Zoning Code. It was approved by a 4 – 2 vote. There was a previously scheduled Building/Zoning Committee meeting right after this Board approved the pawn shop amendment as a Special Use. It was discussed in that meeting that it should be listed as merchandise and loans instead of pawn shop. That is the reason it is in front of this Board again tonight. This is a recommending Board to the Board of Trustees on this matter. Page 3 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Chairman Kanelos asked if there were questions from the Commissioners. Commissioner Dubiel asked if this is because the Village wants a broader definition. Mr. Wlodarski said they want it not to say pawn shop but list it as merchandise and loan. There were no other questions from the Commissioners or the public. At this time Chairman Kanelos entertained a motion. Commissioner Schulter asked if someone applies for this type of business, it is basically going to say whatever name they come up with followed by merchandise and loan; it won’t say pawn on their building, correct? Mr. Wlodarski said correct. Chairman Kanelos said the Commissioners should add into the motion that signage will be required indicating that it is merchandising and loan as opposed to pawn. Commissioner Dubiel moved to approve the second portion of 12-ZP-11 - text amendment to Appendix B Section VIII (C)(3)(k) and that all identifying signage refer to it as merchandise and loan. It was seconded by Commissioner Surace. Vice-Chairman Dimond was not clear what the motion was. Commissioner Dubiel restated the motion. He moved to approve the second portion of 12-ZP-11 applied for by Chuck Ostman that merchandise and loan be added to Appendix B Section VIII (C)(3)(k) and that signage identifying the business should say merchandise and loan and not pawn shop. Vice-Chairman Dimond feels this goes beyond what the text amendment is. She doesn’t know if they can require businesses to insert certain descriptions in their name. Chairman Kanelos said the motion has been made and seconded. Page 4 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Commissioner Dubiel said he could clarify the intent. If he listed it as Morgan Dubiel’s Pawn Shop, that would be disallowed. He can list it as Morgan Dubiel’s Merchandise and Loan. Vice-Chairman Dimond presumed any place that has a pawn shop would be grandfathered in, correct? Mr. Wlodarski answered correct. On roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 1 Nakanishi There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the first item of new business on the agenda. 12-ZP-16 Charles F. Ostman, Director Department of Community Development 1000 Civic Center Dr. Niles, IL 60714 Text amendment to Appendix B Section VII (B)(2)(j)(2) for water tower mounted equipment as a Special Use. Text amendment to Appendix B Section X (B)(6) for parking module dimensions and to Appendix B Section X (B)(7) to add new language. Mr. Wlodarski said he would state these individually. Both amendments are under 12-ZP-16. The first amendment in this case involves numerous requests to add cellular equipment to the water tower located at Notre Dame High School. The Zoning Code does not allow cellular equipment to be installed in any residential district. This was discussed at the Building/Zoning Committee meeting and was recommended to be added accordingly. Should any company want to add equipment to the water tower at Notre Dame they would have to appear in front of this Board for approval. This Board is a recommending board to the Board of Trustees on this matter. Chairman Kanelos asked if there were any questions from the Commissioners. Page 5 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Commissioner Dubiel asked if there had been requests for this. Mr. Wlodarski said different companies have inquired about it but it has gone no further than that. There were no additional questions from the Commissioners or the public. At this time, Chairman Kanelos entertained a motion. Commissioner Dubiel moved accept 12-ZP-16 - Charles F. Ostman, for a text amendment to Appendix B Section VII (B)(2)(j)(2) for water tower mounted equipment as a Special Use. Seconded by Commissioner Nakanishi. Vice-Chairman Dimond asked if cellular equipment is usually placed on top of the water tower where it isn’t visible from the ground. Mr. Wlodarski said they have seen it mounted in other communities. Some do it very tastefully; others don’t. That’s why it is a Special Use for this Board to review. The Village consultant would also look at it. There is no request to add it right now but if someone does want to add equipment it would come in as a Special Use. The Department would have to analyze the request and put a report together. Chairman Kanelos said he thought there were some water towers in Niles that had cellular equipment on them. Mr. Wlodarski said the water tower at Golf Mill is a completely different type of tower. It is a lattice tower. There is also one [1] at Four Flags. Mr. Ostman said the one [1] at Golf Mill is in a B district. The water tower at Notre Dame is in an R district. Commissioner Dubiel asked if the water towers already named have mounted equipment on them. Are those the ones where the Board asks to match the color of the tower so it doesn’t stand out? Mr. Ostman said the one at Golf Mill does. And yes, the water tower and the equipment need to match in color. On roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos Page 6 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 NAYS: 0 There being seven (7) affirmative votes the motion carried. Mr. Wlodarski then presented the second part of case 12-ZP-16. This is to make several text amendments to Appendix B Section X (B)(6) for parking module dimensions and to Appendix B Section X (B)(7) to add new language. Several recent developments have been brought to the Department’s attention that the Village’s parking requirements are outdated compared to today’s standards. They asked the Village consultant, Gewalt-Hamilton, who does parking lot reviews for the Village from time to time, to review the parking requirements and make any recommendations. Attached in the Commissioners’ packets are all the recommendations and changes by Gewalt- Hamilton. Most of the changes are related to size and dimensions; the other is to add language to not allow for any dead-end aisles. This is also a recommending Board to the Board of Trustees. Vice-Chairman Dimond said they received a chart in the packet. Can you put it on the overhead screen and explain what each column means? It is not clear on the screen because the sun is reflecting at this time. Mr. Wlodarski instead explained the chart. If you see the “O” down at the bottom, that is actually for degrees on the way the car pulls in – whether it be a 45, 50 or 90 degree angle. That is what the first column refers to. The second and thirds columns are sort of combined. One is considered long-term parking; the other short-term parking. It was recommended that long-term parking widths were too small so they were increased from 8’3” to 8’6” across the board. Everything else stayed the same in that column. Retail is considered short-term parking. An office complex would be considered long- term parking. The next column, vehicle projection, indicated on both the right and left columns B – that is just how far the vehicle projects measured at a 90 degree angle when it’s is parked at whatever angle it is parked at. Aisle C are the actual aisles required for the degrees to work properly and comfortably when backing out and pulling in. D is the overall module with two [2] parking stalls and the aisle combined – to give you an overall number so when designers are calculating they know how much space they need to get in for whatever degree they are working with. The last two columns are being eliminated per recommendations. A diagram is being viewed on the overhead showing how vehicles interlock when they are abutting each other from opposite aisles. According to the consultant that is obsolete – nobody Page 7 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 designs parking lots like that anymore. The last column is overhang where you can hang a car over a bumper stopper or a curb. But you would still need rock or mulch since nothing will grow underneath the car. Most people in Niles try to pull over the sidewalk with the car which gives more headaches; therefore it was recommended to eliminate that. If it were ever brought up at a large lot where they wanted to keep the parking lot a little smaller and have more landscaping, it could be addressed at that time for individual situations. Niles’ parking lots are generally pretty small and it is more chaos than it’s worth to have that in there. Commissioner Dubiel clarified if an existing office unit was approved at 8’6” and they want to convert to retail, would that be addressed at the Zoning Board meeting and make an exception for that case or repaint? Mr. Wlodarski said as the parking lot is being designed they would have to take those things into consideration. Obviously they would run out of a few stalls compared to what they had. That is part of the Department’s job to make sure there is enough parking for what is being proposed. Commissioner Dubiel said the typical module is the square you are making in D – either 22’ x 22’ module, is that the reference to D? Mr. Wlodarski said correct. Commissioner Dubiel said going back to C, some of the changes are significant – 2’, 3’ and 4’ depending on where you are. The smallest change looks like for 90 degree from 23 to 24. Does that put some properties in the Village in obsolescence in terms of sufficient parking? Mr. Wlodarski said nothing is going to change unless they redesign the parking lot. If something were to change drastically, and considering there was a change in the Zoning ordinance, yes – the Department would look at it. It had to come back in front of this Board for obvious reasons that now it is different, it could be a possibility. Commissioner Dubiel mentioned last month’s approval at the property at Harts and Milwaukee. That is being done in phases so when phase two comes up this will be the applicable code, even though phase one was started previously. Page 8 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Mr. Wlodarski said right, but this code will make it easier for their parking – they have 90 degree parking. That is one of the projects that prompted a lot of the changes. The main one was the 90 degree parking because you lose one foot when you look at the module by old standards compared to what is being proposed. The module ends up 61’ the way the Department has it; actually it turns out to be 60’ the way it is now. So it actually helped that situation. Commissioner Dubiel said then the numbers are correct –they go 22, 53, 54, 55 is for two [2]; then it falls to 52 and jumps back up to 57 through 60 for the modules. Is that correct? Mr. Wlodarski said correct. Chairman Kanelos asked if there were more questions from the Commissioners or the public. There were none. At this time he entertained a motion. Commissioner Dubiel proposed to approve case 12-ZP-16 petitioned by Charles F. Ostman, Director Department of Community Development to accept the text amendment to Appendix B Section X (B)(6) for parking module dimensions and to Appendix B Section X (B)(7) to add new language. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 12-ZP-17 Robert Tomich, owner 6215 W. Touhy Ave. Chicago, IL 60646 Requesting approval of Plat of Subdivision Appendix B Section XI (C.1)(3)(i) – Robert Tomich’s resubdivision at 8951 N. Maryland St., Niles, IL 60714, PIN #09-14-403-024-0000. Mr. Wlodarski presented case 12-ZP-17 – a request for a plat of subdivision. The applicant owns one [1] large lot and is requesting to divide the large lot into two [2] separate lots. In meeting all the zoning requirements, the Page 9 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 existing garage had to be demolished and a new one built. It is completed. Once the subdivision is recorded he will end up with one [1] vacant lot on which to build a new house and the other will have an existing house and a new garage located on it. Both lots will meet all zoning requirements. Both the Community Development Department and the Engineering Department have reviewed this request for subdivision and both recommend approval. This Board is a recommending Board to the Board of Trustees on this matter. Chairman Kanelos asked if there were questions from the Commissioners. Commissioner Troiani asked if this was an R-2 area and are they 50’ lots. And are 60’ lots R-1? Mr. Wlodarski said correct. Commissioner Troiani thought they weren’t allowed to break up the lots on Maryland. Mr. Wlodarski said they would never break up a lot unless it met all zoning requirements. Commissioner Troiani is questioning the breaking up of this lot. Mr. Ostman stated the Maryland area Commissioner Troiani is speaking of [R-1] is different than this area here, which is R-2. Everything north of Ballard on Maryland is R-1. Everything south of Ballard on Maryland is R-2 [with the smaller lots.] All the lots in this neighborhood are almost 50’ lots. The reason for the offset in there for square footage is to meet the zoning requirements. Mr. Wlodarski reiterated to Commissioner Troiani that this case meets all zoning requirements. Commissioner Dubiel said Commissioner Troiani is referring to the offset shown on the overhead. Shown is 7.95. The rear yard at 58’, the front at 65.95’ and 50.05’ and the sides at 124’ meet that including having the offset. So the offset was done to maximize this property’s value to fit the code. Mr. Wlodarski said correct. The main reason for the offset is to meet the zoning for their house, which was changed six or seven years ago from 5’ to 6’. Page 10 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 He offset that property to meet that 6’ side yard setback for the existing house. If he didn’t have enough room, it wouldn’t have made a difference but he still had enough room to make that offset and maintain all his square footages and frontages where they are now two [2] legal lots per the zoning code. Commissioner Troiani wants to know how this new garage was built without a permit. Mr. Wlodarski said it is because it was built on an existing lot. Right now it is one big lot – the petitioner didn’t have to do anything with garage if he had wanted to leave it as one lot. Now that he divided into two, the garage would not have met the setbacks of what is being proposed. Therefore he demolished the garage and moved it over. Vice-Chairman Dimond said looking at the aerial view she is surprised it wasn’t two [2] lots to begin with. Was the original platting a double lot? Chairman Kanelos said to ask the petitioner when he comes forward. There were no more questions from the Commissioners or the public. The following petitioners came to the podium and were sworn in: [correction to Village agenda: Mr. Tomich is the broker, not the owner.] Robert Tomich, broker, Capital Realty, 1275 Montgomery, Deerfield, IL 60015 and Vragisa Kosic, owner, 8256 N. Elmore, Niles, IL 60714. They had nothing to add to the presentation by Mr. Wlodarski. Vice-Chairman Dimond asked Mr. Kosic how long he has owned the property. Mr. Kosic stated since November 23, 2011. Commissioner Troiani asked if he bought the property with the intention of subdividing. Mr. Kosic said yes. Chairman Kanelos said let the record show the packet for case 12-ZP-17 is to be entered as Exhibit I. Page 11 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Commissioner Nakanishi asked why that indent is in there. If they are 58’ and 58’ in the back, why doesn’t that line come straight out to the street? Does the owner live on one of the lots? Chairman Kanelos said he is curious too but it is irrelevant to granting this because they meet the zoning requirements. There were no more questions from the Commissioners or the public. At that time a motion was entertained. Vice-Chairman Dimond moved that case 12-ZP-17 - Robert Tomich, broker, office address of 6215 W. Touhy Ave., Chicago, IL 60646 requesting approval of Plat of Subdivision Appendix B Section XI (C.1)(3)(i) – Robert Tomich’s resubdivision at 8951 N. Maryland St. be approved. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 1 Troiani There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the next item on the agenda. 12-ZP-18 Vonan George, owner 8338 N. Kildare Ave. Skokie, IL 60076 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(ii) to operate a tanning salon at 5610 W. Touhy Ave., Niles, IL 60714, PIN #10-29-403-027-0000. Mr. Wlodarski again present the next item, case 12-ZP-18. Subject property is 5610 W. Touhy Ave. Legal notice for this case was published on May 17, 2012 in The Bugle Newspaper and letters were mailed out to all properties located within 250’ of the subject property. This request is for a Special Use to open a tanning salon. This location was previously occupied by a tanning salon that had received a Special Use in 2002. They closed in June 2011. The applicant is reopening the salon under the name of Exotic Tan. Since the previous business was closed for more than 180 days, the original Special Use was void and a new Special Use is required. The Community Development Department has reviewed this request and recommends approval. This Board is a recommending Board to the Board of Trustees on this matter. Page 12 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Chairman Kanelos requested the packet the Board has been given be entered into the record as 12-ZP-18 Exhibit I. Any questions for Mr. Wlodarski. Commissioner Dubiel has a general policy question. As Special Use, should the Board or the Committee consider expanding that amount of time? We are re-approving the exact same type of business with no real change. Six [6] months might be too short of a time. Mr. Wlodarski said they are in the process of redoing the Zoning Code. That is something they would definitely take a look at it. It is odd that this month and last month they had two [2] businesses that were applying for a Special Use on a business that had been closed more than six [6] months. Chairman Kanelos asked if there were other questions for the Commissioners. There were none. There were no questions from the public. At this time the petitioner came to the podium. Vonan George, owner, 8338 N. Kildare Ave., Skokie, IL 60076 stepped forward and was sworn in. He said since this was originally a tanning salon he doesn’t have to do any construction. He only needs painting. Commissioner Troiani asked if he has medical staff employed at his business. Is anyone trained by the state of Illinois? And is there an age limitation? Mr. George said the state requires this type of business to post a list of medical prescriptions [not to be used when tanning] and the nearest hospital. That is all that is required. He currently has another tanning salon in Skokie for eight [8] years. He runs a safe and clean operation and never had any health issues with clients. The list has to be visible and there are also posters in each tanning room. Regarding age limitation, Mr. George did not seem to be prepared to answer detailed questions. There seems to be confusion over whether you need a parental consent for 18 and under. Then he mentioned something about being 21 so there could be possible consent for under 21. There is a state law regarding the age limitation but Mr. George does not seem to be clear on the details. Commissioner Dubiel said since the testimony is not clear, he asked Mr. George if he will follow all state and local laws. Page 13 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Mr. George said yes. Commissioner Nakanishi asked if a 15 year old came in with a parent signature, would they be able to tan. Mr. George said no, not unless he/she is 18. Chairman Kanelos said this needs to be clearer. A 15 year old cannot come into the tanning booth. If someone is 18, 19 or 20 they need to come in with a parental consent. 21 or older – no consent needed. Mr. George is not able to give a clear and concise answer. Commissioner Schulter said his daughter is 17 and was able to use a tanning facility in Morton Grove. Chairman Kanelos said whatever the laws are, he will have to follow them. He asked if there were other questions from the Commissioners. There were none. There were no questions from the public. He then entertained a motion. Commissioner Dubiel moved to approve 12-ZP-18 - Vonan George, owner, 8338 N. Kildare Ave., Skokie, IL 60076 requesting approval of a Special Use to Appendix B Section VIII (B)(3)(ii) to operate a tanning salon at 5610 W. Touhy Ave., Niles, IL 60714. This meets all applicable requirements for the Zoning Code. Commissioner Nakanishi added a friendly amendment: this tanning salon must meet all age requirements as designated by the state of Illinois. Commissioner Dubiel accepted that friendly amendment. Chairman Kanelos said while he agrees with the friendly amendment, it is redundant because Mr. George is licensed to run this business; he has to conform to the codes and laws of the state. He then asked Commissioner Dubiel if his motion meets the requirements for a variation; that it doesn’t have any impact on the surrounding properties and is necessary for the public convenience at that location and that it will not alter the essential character of the locality. Page 14 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Commissioner Dubiel then struck the friendly amendment. He added he meant all the requirements were met when he moved to approve. At this time the motion was seconded by Commissioner Schulter. On roll call the vote was: AYES: 6 Dimond, Surace, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 1 Troiani There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the final item on the agenda. 12-ZP-19 Albert C. Bettuzzi 1021 Vine Ave. Park Ridge, IL 60068 Requesting a variation to section 78-92 (3)(a)(b) to allow a variance from the requirement requiring the second sign to be 50% in area size of the primary sign to the second sign being the same size in area at 800 Civic Center Dr., Niles, IL 60714. Mr. Wlodarski stated this is case 12-ZP-19. The applicant opened a Kumon Math & Reading Center at 860 Civic Center Drive in November 2006. He is now moving the business to 800 Civic Center Drive. Both addresses are located within the same building. The existing signage is only five [5] years old and the applicant is seeking relief to the sign code to allow him to move over all existing signage he currently has to the new address. This is the first request the Community Development Department has received since the adoption of the new sign ordinance. The attempt of this section of the ordinance was to lessen the impact of the size of the signs when two [2] signs were visible at the same time. In this situation you will never be able to view both signs at the same time. In staff’s opinion, the intent of the code is not being compromised. They have no objection in granting this request. This is a recommending Board to the Board of Trustees. Chairman Kanelos [in looking at the overhead] said that is the existing location right now, correct? Mr. Ostman said no, that is the proposed new location. Mr. Wlodarski said there is no signage on the side. Right now the applicant would not have an option since he is in the middle of the building. He is Page 15 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 moving to a larger space which happens to be an end unit. He is only moving the existing signage over. He is taking over two [2] spaces because he is enlarging his business. Chairman Kanelos said if you are coming out of the auto parts store, you can see the front and the side of Kumon. Mr. Wlodarski said there is no request to put a sign on the side of the building. There will be one [1] facing Waukegan and one [1] facing the interior parking lot. If he were to apply to put a sign on the side, the Zoning Ordinance would come into effect. Vice-Chairman Dimond said there is an area of small print that says disconnect some kind of switch. What does that mean? Commissioner Schulter said that is to turn the power off – actual electricity to the sign. They all have to have their own disconnect switches. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There were no questions from the public either. The packet given the Commissioners will be listed as Exhibit I for 12-ZP-19. He then asked the petitioner to come to the podium. Albert C. Bettuzzi, 1021 Vine Ave., Park Ridge, IL 60068 stepped forward and was sworn in. He said the signage at the new location will be over the door. It is centered for the entire space – that’s why it is where it is. They are moving a few doors down. Driving down Waukegan, that would be the only sign visible. There is a side area but he is not choosing to put a sign there. You will not be able to see both signs at once. Both signs are in good shape and work well. They are the same size as all the other signs on both sides. They would be in conformance with the ones that exist. Chairman Kanelos asked if there were questions from the Commissioners. There were none. There are no remaining members of the public. He then entertained a motion. Commissioner Troiani moved 12-ZP-19 requesting a variation to section 78- 92 (3)(a)(b) to allow a variance from the requirement requiring the second sign to be 50% in area size of the primary sign to the second sign being the same size in area at 800 Civic Center Dr., be approved. Page 16 of 17  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 4, 2012 Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Commissioner Dubiel asked for clarification on an issue. The petitioner can be the owner of a property; anyone can be a petitioner, correct? Mr. Wlodarski said anybody can be the petitioner; any type of representative. There being no other items on the agenda, Chairman Kanelos entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:00 p.m. Kathleen Janessa, Recording Secretary Page 17 of 17