Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. The tape recording of the minutes is not in operation at this time. Village Attorney Joseph Annunzio asked everyone to stand for the Pledge of Allegiance. Present along with Village Attorney Joseph Annunzio were Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development. Those absent were Chairman Thomas Kanelos and Vice- Chairman Karen Dimond. Commissioner/Secretary Angelo Troiani acted as Chairman of the meeting. Commissioner Troiani asked if there were any additions, clarifications or corrections to the minutes of June 4, 2012. Commissioner Nakanishi stated there is one correction on page 5, third paragraph: Her last name is misspelled. It has since been corrected. Commissioner Dubiel moved to approve the minutes of June 4, 2012 as corrected. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 5 Surace, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 ABSENT: 2 Kanelos, Dimond There being five (5) affirmative votes the motion carried. ANNOUNCEMENTS Charles Ostman, Director of Community Development, stepped to the podium and explained a new procedure with the way the zoning cases are to be presented. From now on the items on the agenda will be identified by a cover sheet stating this is the Zoning Packet. If there are any additions to this information during the course of the meeting, they will be added as Exhibits. There were questions and clarifications from various Commissioners. Village Attorney Annunzio added his explanation as well. Mr. Ostman then went back to his seat. At this point Village of Niles Trustee Louella Preston stepped to the podium. Prior to the start of the meeting, Trustee Preston passed out two (2) documents to each of the Commissioners. One was a copy of a document Page 1 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 prepared by Bernard Citron of Thompson Coburn LP dated 12/23/2010 regarding a Restrictive Covenant made by Bradford Niles LLC, owner of certain real estate located in the Village of Niles at 5701 W. Touhy Ave. [legal document incorrectly says N. Touhy Ave.] This document was recorded with the Cook County Recorder of Deeds on 12/30/2010. The tape recording of the minutes has now started. The second document was a copy of the Village of Niles Ordinance No. 2010- 67 – Approving a Special Use to Appendix B, Section VII (B)(3)(bb) for a bank, including drive-in facilities and relief from Appendix B Section XII (G)(2)(a) interior parking lot landscaping area required at 5701 W. Touhy Ave., Niles, IL. On the fourth page of this document [the Findings of Fact and Recommending Decision of the Zoning Board of Appeals, Village of Niles, Illinois, November 1, 2010], second paragraph from the bottom, it states “Commissioner Dubiel asked for the packet to be read in as Exhibit A.” On the last page of that document, you can see on roll call all the Commissioners approved this ordinance. This Restrictive Covenant alleges when the ordinance was passed it was conditioned upon the execution of a Restrictive Covenant over the bank property memorializing the owner’s annual donation commitment. She knew nothing about this. She requested a copy of the ordinance a few weeks ago since she did not remember language in the ordinance regarding a donation. Therefore this pamphlet tells her nothing since there is no mention of a read-in of Exhibit A. It tells her nothing about what the Board of Trustees made their decision on. Commissioner Troiani asked Attorney Annunzio if this belongs in the Planning/Zoning meeting. Mr. Annunzio answered no. This is a document made by two (2) outside parties. Trustee Preston can discuss this with the Zoning Board because she has a right to. But the fact is there is nothing to act on. Two (2) outside parties made this Restrictive Covenant to donate “x” amount of dollars to the Village. In spite of what this covenant says, the zoning decision had nothing to do with the covenant because it wasn’t entered into the discussion; there is no record of it being in the discussion; the Zoning Board didn’t decide the ordinance having to do with this specific covenant. In fact you will notice the Restrictive Covenant was decided upon after the ordinance was created and approved by both Boards [the Zoning Board and the Board of Trustees]. Page 2 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 Mr. Ostman said Trustee Preston is making a comment regarding what led up to his previous discussion about how cases on the agenda will be defined within the Zoning Packet. Things will be documented so the Zoning Board will be sure of what documents they receive in the Zoning Packet. Trustee Preston stated she went through the complete folder in the Code Enforcement Department in addition to going through the complete folder that was in the Village Clerk’s possession. Nowhere in either of the folders did anything refer to Exhibit A. She was sure the Board had never seen any documentation about a donation but she needed to look at the record. She has spoken with Mr. Annunzio and Mr. Ostman about how this would change because when the Zoning Board makes a decision at these meetings and refers to Exhibit A, she has no idea what Exhibit A is for the Board. The intact packet has not been kept intact. Tonight Mr. Ostman has told you what Code Enforcement is going to do as far as the paperwork. It would be helpful if the Board would identify things you want as part of the record. Some of the things the Board receives from Mr. Ostman and other things you may refer to – you may not think it needs to be part of the record but she, as a Trustee, needs an itemization so she knows what you say is what you based your decision on. Commissioner Troiani stated that Vice-Chairman Dimond arrived at 7:20 p.m. He then stepped down as acting Chairman and Vice-Chairman Dimond assumed the role of acting Chairman. He then told Vice-Chairman Dimond what had been discussed during the twenty [20] minutes she was absent. Commissioner Dubiel said given what Trustee Preston explained, it would be tedious for the Board to read-in every single document because they would have to read-in the times. So Trustee Preston went around that and created a master file that will contain this. The Board will still call it Exhibit I but at the same time meet Trustee Preston’s concerns. Mr. Ostman’s thought is to call it the Initial Zoning Packet. Mr. Annunzio said that makes sense because anything added after that can be called an Exhibit. Commissioner Troiani said he can make a recommendation to this Board that what was presented to the Board this evening is what helped them Page 3 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 arrive at their decision. This packet will be put into the archives of the Department as an Exhibit. You don’t have to designate it anymore. Mr. Annunzio said instead of calling it Exhibit I, call it Packet I. Commissioner Dubiel said they would say, for example, 12-ZP-20 Zoning Packet and then if some new information comes in we would introduce that as an Exhibit. Commissioner Troiani made it known the documents handed out by Trustee Preston should be made a part of these proceedings. Mr. Annunzio said it can be part of the minutes but it is not tied to a particular zoning item. Commissioner Troiani then handed the documents passed out by Trustee Preston to Vice-Chairman Dimond. He called it a Packet and it is recorded as being discussed under the topic of ANNOUNCEMENTS July 2, 2012. NEW BUSINESS 12-ZP-20 Mattheos Stergiou 7216 W. Lill St. Niles, IL 60714 Requesting approval of a rear yard variation to Niles Zoning Ordinance Appendix B Section VII (C)(10) to reduce the rear yard set back from the required 40 feet to 17 feet 3-1/8 inches to construct a new attached garage at 7126 W. Lill St., Niles, IL 60714, PIN #10-19- 123-006-0000 12-ZP-21 Andrea Dominguez, President 2080 Manor Lane Park Ridge, IL 60068 Requesting a Special Use to Appendix B Section VIII (B)(3)(uu) to operate a catering establishment and to Appendix B Section VIII (B)(3)(z) to operate a food carry out store and to Appendix B Section X (B)(10)(mm) other uses. For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be determined by the Village of Niles Plan Commission at 8204 W. Oakton St., Niles, IL 60714, PIN #09-23-409-020-0000. Page 4 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 Vice-Chairman Dimond called for the first item on the agenda. 12-ZP-20 Mattheos Stergiou 7216 W. Lill St. Niles, IL 60714 Requesting approval of a rear yard variation to Niles Zoning Ordinance Appendix B Section VII (C)(10) to reduce the rear yard set back from the required 40 feet to 17 feet 3-1/8 inches to construct a new attached garage at 7126 W. Lill St., Niles, IL 60714, PIN #10-19- 123-006-0000. Mr. Ostman presented case 12-ZP-20. Legal notice for this case was published in The Bugle Newspaper on June 14, 2012. Letters were mailed out to all properties located within 250 ft. of the subject property. The applicant is proposing the addition of a new two (2) car attached garage to the east side of the house and turn the existing one (1) car garage into a living space. This lot is not a typical shaped lot since it is located on a cul-de- sac. The existing house has a rear yard set back of 13’ 8-7/8”. The new proposed attached garage will have a rear set back of 17’ 3-1/8” which is 3’ 6-1/4” greater that the existing rear yard set back. The proposed addition meets all other zoning requirements. The Community Development Department has reviewed this case and has no objection in granting this request. He noted if this was a detached garage it would meet all of the required setbacks but it would have to be 10’ away from the house. If this was a detached garage it would be in full compliance; in fact the garage could be moved back farther on the property. Commissioner Nakanishi questioned whether or not the garage is detached. Mr. Ostman said it is attached. There is a breezeway between the house and the garage. There have been no negative comments from any of the neighbors. Vice-Chairman Dimond asked for the petitioner to come forward. Mattheos & Anastasia Stergiou stepped forward and both were sworn in. They live at 7126 W. Lill St., Niles, IL 60714. Mr. Stergiou said they purchased the home seven (7) years ago as a newlywed couple. They now have two (2) children and need more room. They would like to convert the single car garage [on the left side in the drawing shown on the overhead] to a Page 5 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 bedroom and then put the 2-1/2 car garage on the other side. Besides giving them another bedroom, it will get the cars off the street. It is a breezeway that is attached but not accessible from the house. It does share the roof line. Commissioner Schulter asked if the reason they did that is because of a staircase going to the basement. Mr. Stergiou said they wanted to save as much yard as they could. There is a deck on the back side of the house. The service door will be located toward the back of the garage. It would have been too much work to have the garage actually attached to the side of the house. There are several windows on that side and by adding the breezeway all the windows were able to stay in place. Commissioner Dubiel said you planned it this way to have as much yard as you could for your kids, correct? Mr. Stergiou said yes. Mrs. Stergiou stated she was there for support. Vice-Chairman Dimond asked if there were any more questions from the Commissioners. There were none. No people were present in the audience. She then entertained a motion. Commissioner Dubiel moved to approve 12-ZP-20 - Mattheos Stergiou, 7216 W. Lill St. Niles, IL 60714 requesting approval of a rear yard variation to Niles Zoning Ordinance Appendix B Section VIII (C)(10) to reduce the rear yard set back from the required 40 feet to 17 feet 3-1/8 inches to construct a new attached garage at 7126 W. Lill St., Niles, IL 60714. In addition to requesting this approval, it also meets the standards set forth in the Zoning Code H 4 a,b,c. It is deemed necessary for the public convenience at this location and is so designed, located and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located. Commissioner Schulter corrected Commissioner Dubiel. Prior paragraph, third line Commissioner Dubiel referred to it as Section VIII. In fact it should be Section VII. Commissioner Dubiel accepted the friendly amendment. Vice-Chairman Dimond announced they do have a Zoning Packet which will Page 6 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 be part of the record; they have considered and looked at it this evening and she would like it entered into the record. There is no addition by way of other Exhibits to the Packet other than what they were presented with at the beginning of tonight’s meeting. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, NAYS: 0 ABSENT: 1 Kanelos There being six (6) affirmative votes the motion carried. Vice-Chairman Dimond stated this Board is a recommending Board to the Board of Trustees. They can either confirm or negate this Board’s decision. It is up to the petitioner to contact Mr. Ostman to ask that it be place on the Board of Trustees agenda. The last case on the agenda was called. 12-ZP-21 Andrea Dominguez, President 2080 Manor Lane Park Ridge, IL 60068 Requesting a Special Use to Appendix B Section VIII (B)(3)(uu) to operate a catering establishment and to Appendix B Section VIII (B)(3)(z) to operate a food carry out store and to Appendix B Section X (B)(10)(mm) other uses. For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be determined by the Village of Niles Plan Commission at 8204 W. Oakton St., Niles, IL 60714, PIN #09-23-409-020-0000. According to Mr. Ostman this case has been withdrawn by the petitioner. Vice-Chairman Dimond then entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, NAYS: 0 ABSENT: 1 Kanelos There being six (6) affirmative votes the motion carried. Page 7 of 8  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 2, 2012 The meeting adjourned at 7:40 p.m. Kathleen Janessa, Recording Secretary Page 8 of 8