Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 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. Commissioner Dubiel requested a moment of silence in remembrance of 9/11. All observed. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of July 2, 2012. There were none. Commissioner Nakanishi moved to approve the minutes of July 2, 2012. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 PASS: 1 Kanelos There being six (6) affirmative votes the motion carried. NEW BUSINESS 12-ZP-22 Adrian Tudor, owner 6500 N. Western Ave. Chicago, IL 60645 Requesting approval of a Special Use to Appendix B Section IX (B)(2)(k) to operate a 124 seat restaurant/family fun center at 7631 N. Caldwell Ave., Niles, IL 60714, PIN #10-30-201-035-0000. 12-ZP-23 Mi Jung Hong, owner 3034 Wilmette Wilmette, IL 60091 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(c) to allow cosmetic tattooing at 9369 N. Milwaukee Ave., Niles, IL 60714, PIN #09-14-200-039-0000. Page 1 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 12-ZP-24 Stella Kalaykova, owner 5325 N. Francisco Ave., #G Chicago, IL 60625 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(g) to operate a day care center at 7030 N. Milwaukee Ave., Niles, IL 60714, PIN #10-31-101-025-0000. 12-ZP-25 Daniel Rumpel, owner 5060 N. Delphia Chicago, IL 60656 Requesting approval of Appearance to Appendix B Section VII (A)(6)(a) to construct a new home at 7415 W. Main St., Niles, IL 60714, PIN #09-24-403-042-0000. Chairman Kanelos called for the first item on the agenda. 12-ZP-22 Adrian Tudor, owner 6500 N. Western Ave. Chicago, IL 60645 Requesting approval of a Special Use to Appendix B Section IX (B)(2)(k) to operate a 124 seat restaurant/family fun center at 7631 N. Caldwell Ave., Niles, IL 60714, PIN #10-30-201-035-0000. Richard Wlodarski, Assistant Director of Community Development, approached the podium to present this case. Legal notice for the first three cases on the agenda was published August 23, 2012 in The Bugle Newspaper. The last case does not require a legal notice; however legal notices were sent out to all properties within 250 feet of the subject properties. The first case is 12-ZP-22. Subject property is at 7631 N. Caldwell Ave. This request is for a family fun center. It includes a 124 seat restaurant which requires going before this Board because of the zoning code. After evaluating the parking for this business along with another business in the same building, it has been determined there is adequate parking. The proposal also includes exterior upgrades for the building. The Community Development Department has reviewed this request and has no objection to this request to open a family fun center. Chairman Kanelos asked if the Commissioners had any questions for Mr. Wlodarski. Page 2 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Commissioner Dubiel said there is a trampoline center next door to this request. Mr. Wlodarski stated it is in a different complex nearby. Commissioner Dubiel said it would not be a huge change for this type of business except for the addition of a restaurant. Mr. Wlodarski said correct. Commissioner Nakanishi asked why there are two different addresses in the packet – one is 7631 and one is 7777. Mr. Wlodarski said 7777 is the main building and it was built many years ago. It has been subdivided several times and 7631 is the farthest part to the south. Commissioner Troiani said the parking was based on 124 seats in the restaurant. Did you count the six (6) party rooms? Mr. Wlodarski said the way it is figured is strictly by seats. The Department has looked at this extensively. There are so many businesses in this development and there is plenty of parking. If you look at the chart in the packet the Village has accounted for the 124 seats along with the party rooms as well as other businesses in the center. Chairman Kanelos said there are 124 seats in the restaurant area; you don’t know how many seats are in the party rooms; has it been considered there are people there who aren’t sitting or eating but up and playing the games. Do you feel the parking will accommodate those people as well? Mr. Wlodarski stated yes. If you look at the chart there is room in the lot to stripe an additional 70 or so parking spaces should there be a need. The Department feels comfortable there wouldn’t be that need. Commissioner Dubiel asked Mr. Ostman to raise the drawing on the overhead. It clearly shows the number 265 as the requirement and they actually have 426; given the hours of the other businesses there doesn’t seem to be a problem. What Mr. Wlodarski is trying to say is there is plenty of extra parking should there be spillover, correct? Page 3 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Wlodarski said yes. Chairman Kanelos said the hours of these businesses overlap quite a bit but you still feel there is enough parking. Mr. Wlodarski said yes. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There were no questions from the public either. He then asked the petitioner to step forward. Adrian Tudor, owner, 6500 N. Western Ave., Chicago, IL 60645 along with his architect, Bryan Van Ryn, 175 Coneflower Dr., Dyer, IN stepped to the podium and were sworn in. Chairman Kanelos asked if there is seating in the party rooms. Mr. Tudor said there will be but he has not determined exactly how many seats. Chairman Kanelos asked if the petitioner had other facilities like this. Mr. Tudor said no. Chairman Kanelos asked if he anticipates people attending who are not eating or sitting but just playing the games. Mr. Tudor said yes. Chairman Kanelos said the concern is you have parking for the 124 seats and excess parking for the party rooms but if you have people just coming to play the games, you don’t anticipate a problem parking – is that correct? Mr. Tudor said he assumes he will have 25 or 35% of the business during the day. He anticipates more business in the afternoon and evening and weekends when the other businesses are closed. Commissioner Troiani said six to twelve people will be working there. Will they all have their own cars? Page 4 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Tudor said he will try to hire locally but he doesn’t know how many will drive. Commissioner Troiani said all he wants is a decent count for the parking. What’s the sense of having this big place open if you can’t park your car? The Park District will not allow them to park in their lot. And kitty-corner from you at Howard and Milwaukee has enough parking problems of their own. It’s going to be a mess. You have 107 parking spaces and 124 seats in your restaurant. Mr. Tudor said it will never be 100% filled. If it is there is parking next door after hours at 6 or 7 o’clock when other businesses are closed for the evening. There are approximately 20 to 30 parking spaces and the landlord will allow his customers to park there. Vice-Chairman Dimond said she imagines most of the customers coming will be children. They aren’t going to be driving themselves so there will be several people in each car. Therefore there probably wouldn’t be as many cars there as people. It’s not going to be a destination restaurant for adults. Mr. Tudor said it’s possible. Bryan Van Ryn, architect, said he has designed a couple of these fun centers before. It is usually car pooling, drop offs, teenage kids on a Saturday. There will be plenty of room for parking. The party rooms might have 10 to 12 people per party room. They were originally talking 6 party rooms but it may actually go down to 3. That is still in the design phase. But in terms of per car, that is usually 4 to 5 people per car on average. Commissioner Dubiel said Police Chief Strzelecki checked out The Enchanted Castle in Lombard and found no parking problems. Commissioner Dubiel said he has personally been to these types of places and there is generally 1 adult per 4 or 5 kids. So let’s say out of 124 seats, if even half of those are kids, they are reducing the amount of cars. That is why the Community Development Department is comfortable with it. Commissioner Troiani said there are going to be go karts in there. With that come teenagers. There’s going to be ping-pong, golf lessons and the like. He wants a count to make sure there is enough parking. If this is in the negotiating stages, maybe you could get more parking. He then told of all the Page 5 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 places Mr. Tudor cannot park so he better have enough space at his business. Mr. Van Ryn said the landlord has agreed the overflow parking could be handled if needed. He disagrees about teenagers. Kids that are 15 and 16 usually car pool together. Chairman Kanelos asked if there were more questions for the Commissioners. There were none. There were none from the public either. At this time he entertained a motion. Commissioner Dubiel moved to approve case 12-ZP-22 for Special Use to Appendix B Section IX (B)(2)(k) to operate a 124 seat restaurant/family fun center at 7631 N. Caldwell Ave., Niles, IL. This also meets the standards set forth in the zoning code H 4 a,b & c. It is deemed necessary for the public convenience and is so designed and proposed to be operated so that the public health, safety and welfare will be protected and will not cause substantial injury to value of other property to the neighborhood in which it is located. 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-23 Mi Jung Hong, owner 3034 Wilmette Wilmette, IL 60091 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(c) to allow cosmetic tattooing at 9369 N. Milwaukee Ave., Niles, IL 60714, PIN #09-14-200-039-0000. Mr. Wlodarski stepped forward again to present this case. This case 12-ZP- 23. Subject property is 9369 N. Milwaukee Ave. This request is to allow the Kim Sung Yung Beauty Salon to allow cosmetic tattooing as part of the services they provide for their clients. At the July Village Board meeting it was allowed to provide cosmetic tattooing as a Special Use within the business districts. This is the first request for cosmetic tattooing since the ordinance was passed. There will be no additional employees or any renovation required. They will be using the same area for cosmetic tattooing as they use for facials. The Community Department has reviewed this case Page 6 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 and recommends it for approval. This Board is a recommending Board to the Board of Trustee. Chairman Kanelos asked if there were any questions from the Commissioners or the public. There were none. He asked the petitioner to step forward. Mi Jung Hong, owner, 3034 Wilmette, Wilmette, IL 60091 along with her translator, Ellen Kim,446 W. Rand Rd., Mt.Prospect, IL 60056 came to the podium and were sworn in. Chairman Kanelos asked if they had anything to add to what Mr. Wlodarski already presented. They said no. Commissioner Schulter said he understands Ms. Hong has had this business for 15 years. He wants to know if she had ever done tattooing before. Ms. Kim answered not in the shop but she went with Ms. Hong for training in Los Angeles. They both know how to do this. Commissioner Schulter asked if she had a certificate. Ms. Kim answered yes. She said Ms. Hong did this is her country for 10 years. Now she has had her shop in this country for 15 years so she will now be able to do the cosmetic tattooing here. Commissioner Schulter asked if Ms. Hong has done this in any buildings around here. Ms. Kim answered in Wilmette or Deerfield they don’t need a permit so Ms. Hong went to her friend’s beauty shop and did the cosmetic tattooing there several times. She went on to explain this is not as permanent as regular tattooing. This process does not penetrate so deep into the skin. It may last 3 years then has to be done again. It is considered semi-permanent. Ms. Hong said it is high quality and that is why she wants to bring it to Niles. This is good for women who don’t have any eyebrows. Chairman Kanelos asked if there is a state license required to do this. Page 7 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Both ladies answered yes. They are licensed to do this by the State of Illinois and want to do this in Niles. Commissioner Surace said say a person goes through chemotherapy and they lose their eyebrows. Would you be able to fix them? Ms. Hong said yes. Commissioner Troiani asked if there were age limitations. Ms. Hong said teenagers need parental permission. They have to follow the guidelines of the state regarding tattooing. Commissioner Schulter said the state law was just passed. Ms. Hong said this is not deep inside the skin like regular tattooing. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. He asked if there were any questions from the public. There were none. At this time he entertained a motion. Commissioner Troiani moved to approve 12-ZP-23 for a Special Use to Appendix B Section VIII (B)(3)(c) to allow cosmetic tattooing at 9369 N. Milwaukee Ave., Niles, IL 60714. Seconded by Commissioner Dubiel with a friendly amendment: this also meets the standards set forth in the zoning code H 4 a,b & c. It is deemed necessary for the public convenience and is so designed and proposed to be operated so that the public health, safety and welfare will be protected and will not cause substantial injury to value of other property to the neighborhood in which it is located. Commissioner Troiani accepted the friendly amendment. Commissioner Nakanishi added another friendly amendment requiring the person doing the tattooing have their license displayed in the establishment. Mr. Ostman said that is already a requirement. Page 8 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 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-24 Stella Kalaykova, owner 5325 N. Francisco Ave., #G Chicago, IL 60625 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(g) to operate a day care center at 7030 N. Milwaukee Ave., Niles, IL 60714, PIN #10-31-101-025-0000. Richard Wlodarski presented case 12-ZP-24. This request is to operate a day care center at 7030 N. Milwaukee Ave. requiring a Special Use per Niles’ zoning code. It will occupy approximately 5,000 square feet but will only require 4 to 6 parking spaces for their employees as the children will be dropped off by their parents. This strip center is used mainly for office, storage and light manufacturing. There is also a martial arts center. The playground area will be fenced in at the west end of the property. The Community Development Department has reviewed this proposal and recommends granting this Special Use. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos stated the Police Chief has some concern about moving the children from the day care center to the playground. There is no sidewalk for them to walk on. They will be walking across a parking lot. Aren’t there loading docks to the west of the day care center? Mr. Wlodarski thinks there may be a couple of small garage doors in there. He does not have a picture in front of him. This was brought up by staff to the petitioner. You would have to ask her about that. Commissioner Troiani asked if Niles has changed their regulations for day care play areas from woodchips to rubber pieces – for safety and elimination of bugs. Mr. Wlodarski said they do not have those regulations. Page 9 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Commissioner Dubiel asked what the condition of the parking lot is. Mr. Wlodarski said it is in good condition. The proposed playground is overgrown with weeds and trees. It will be redeveloped and fenced off. Vice-Chairman Dimond has a question about other occupants in this parcel. Who is there? Mr. Wlodarski said there is a martial arts school, an appliance repair place, at the west end there is a company that just uses it for storage for generators (he’s there once a week) and finally the parcel closest to Milwaukee Ave. is a doctor’s building. Chairman Kanelos asked if there were more questions from the Commissioners or from the public. There were none. Chairman Kanelos asked the petitioner to step forward. Stella Kalaykova, owner, 5325 N. Francisco Ave., #G, Chicago, IL 60625 was sworn in. She said she liked the brochure that stated Niles is the number one place to raise a child but it doesn’t have a day care and she thinks her business would be a good thing for Niles. Chairman Kanelos said he thinks Niles does have day care – possibly not a private day care but some of the churches, etc. have day cares and schools. But you feel your business would be a good addition to the community. Ms. Kalaykova said yes. Chairman Kanelos then stated the concerns of the Chief of Police and himself about the transporting of children from the day care center to the playground. First of all, how many children will be in the facility? Ms. Kalaykova said the state will decide how many children will be in the center. Everything must be measured first but the state says there should be 34 feet per child. She thinks there could be a maximum of 45 to 50 children. The age groups will be between 2 and 5 years old. The state requires one group of the 2 year olds. After that you can mix the ages. But it is better for them to be grouped 2 and 3 years old and then 4 and 5 years old. The teacher can take care of 8 children [for example – 2 year olds] but if she has an assistant she can take care of 16 children. Children older than 2 years can be Page 10 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 in groups of 10; if there is an assistant they can have 20 children in a group. Chairman Kanelos asked if they would all be going to the playground at the same time. Ms. Kalaykova said they wouldn’t all go outside at the same time. If she has 50 children they would probably be divided into 2 big groups and 1 small group. She has a state program to follow so that’s what she will do. She thinks they will go to the playground twice a day depending on the weather. Chairman Kanelos asked how many children would be on the playground at one time. Ms. Kalaykova said there could be 20 children with 2 teachers. She said the state measures how much playground space and equipment there will be with the number of children that will be using it at one time. Therefore she has to wait for the state to give her the exact numbers. Chairman Kanelos asked if she was concerned about taking the children across the parking lot from the day care center to the playground with no sidewalk. Ms. Kalaykova said her plan is to walk out her own loading area to the playground. They do not have to walk past the 2 garage doors. Commissioner Dubiel asked for the print of the area to be put up on the overhead screen. Ms. Kalaykova explained where the children will come out of the building. They will probably come out the front at the parking lot. When the children are crossing there will be one teacher in the front and one teacher in the back walking with the line of children. She is also going to have a sign that says children crossing. She will also have safety cones in place. After they cross the parking lot there will be a path on the grass that will lead to the front of the playground. This is private property and there is not a lot of traffic. She certainly won’t have a lot of traffic for her building. She said she has been there enough to know the other buildings in the center have maybe 4 or 5 cars there during the day. Page 11 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Commissioner Schulter said the front of the building has all the entrances but what is on the back of the building. Is there a fire exit in these buildings? Mr. Ostman said there is an overhead door and a service door on the east side of the building. That is a secondary exit. There is no sidewalk on the side of the building. Ms. Kalaykova said she has 2 entrances/exits: one on the side where the garage door is and one in the front. Commissioner Schulter said if this is approved, can she work with the Village and the landlord to construct a yellow walkway across that parking lot and then put the signs showing children crossing so that people coming in and out of there will see that kids will be crossing. Mr. Wlodarski said Ms. Kalaykova has indicated she will take safety precautions. But if you want to make that a condition, that will be fine too. Chairman Kanelos said after they make a motion they can add that as a condition. Commissioner Dubiel said he knows her first concern is safety. However this is a space that was not originally designed for the purpose of a day care facility. We know the children aren’t going to be moving outside randomly. He understands she will have a scheduled time when a group of children will be going outside to the playground. The children will be supervised and she will have created a safe zone for them to walk to the playground. He asked Ms. Kalaykova to show on the overhead how the children will proceed from the building to the playground. Ms. Kalaykova said the state has examined the building and in order to get her license she will be getting specific instructions from the state on how to proceed with transporting the children. Commissioner Dubiel said Ms. Kalaykova will have to adhere to all the state regulations. So if she shows how she plans to walk the children to the playground she may be told to change that once the state examines the walking route. Chairman Kanelos said he would still like to know what the plan is Page 12 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 regardless of what the state mandates. He asked if the Board approves this and then the state comes back with a different plan of transporting the children, does Ms. Kalaykova have to come back before the Board again? Joseph Annunzio, Village Attorney, said she would not have to come back before the Board. The state rules would override what had been approved at this meeting. You could make a condition that she has to meet state requirements; but she has to meet them anyway in order to get her license. Chairman Kanelos said we still have to make sure it is going to be done in a safe manner. It is an obligation to be satisfied on the part of the Board. Mr. Annunzio said this state approval is required for this particular site. Chairman Kanelos said one of the requirements in approving is that this will be operated in a manner that is safe. Mr. Annunzio said that is a general obligation for anyone who runs a day care facility. Commissioner Dubiel asked Mr. Annunzio if they were to put anything together that didn’t meet the state’s criteria, the state will override it anyway, correct? Mr. Annunzio said yes. Commissioner Dubiel said if the state license has a minimum, can this Board add on more regulations? He is not comfortable in adding these conditions because this is something the petitioner has to do anyway in order the pass the state inspection for licensing. Vice-Chairman Dimond said there is something in the packet on having children’s birthday parties there on the weekend. Is this Special Use going to allow for that? Mr. Wlodarski doesn’t see there would be any concerns about that. Vice-Chairman Dimond is concerned in terms of parking. During the weekday parents will be dropping their children off. But if it is a 1 or 2 hour party on the weekend the parents would probably stay. Page 13 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Wlodarski doesn’t think it would present a parking problem. Ms. Kalaykova said this would be occasionally, not every weekend. Vice-Chairman Dimond asked if the birthday party issue would be encompassed in this Special Use. Mr. Wlodarski said he thinks so. If she receives the Special Use for the day care center, it shouldn’t be a problem if she has birthday parties. If she does have a party on a weekend, he is assuming it is not all 40 or 50 kids. It would probably be a limited group. Having parties on the weekend was never discussed to be honest. Ms. Kalaykova said there would be about 15 children for a birthday party. The parents may carpool. Commissioner Surace said he is familiar with this area. [He is now pointing to the site plan on the overhead.] He said this certain area is a junkyard with a lot of parked trucks and trailers. He pointed to the area of Newark Avenue and the entrance St. Andrew’s Nursing Home. Where is the entrance to this playground? Chairman Kanelos said the entrance to the playground is on the side; not on the Newark Avenue portion. Ms. Kalaykova said the entrance is not going to be by the public road or sidewalk. It will be on private property. She said that junk and truck area is now empty. Commissioner Surace is concerned about the junk area. Chairman Kanelos said that is now gone and that is not part of this Special Use. That will be taken care of when Ms. Kalaykova gets her permit to build this playground. Mr. Ostman added it is now an empty lot. Commissioner Troiani asked if she will have a marked walkway from her building to the playground. Page 14 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Ms. Kalaykova said yes. Commissioner Dubiel asked if there is an agreement with the landlord that during the winter this area will be properly shoveled and salted for safely walking the children. Ms. Kalaykova said the landlord will take care of that but if the weather is bad, the children will not be outside. Commissioner Schulter said since she has not been licensed yet by the state, this Board doesn’t really know exactly what the state will instruct Ms. Kalaykova to do with the site. So therefore this Board does not need to be so specific because she will have to follow whatever the state tells her. Ms. Kalaykova said the state has inspected the site and feels it is okay. She also said she does not have to have a playground to be licensed. Chairman Kanelos asked if there were any other questions from the Commissioners. There were none. There was one comment from the public. He stepped forward at this time to be sworn in. Jerry Peterson, owner of the property, 1810 Camp McDonald Rd., Mt. Prospect, IL 60056 stepped forward to speak on behalf of Ms. Kalykova. He will definitely mark off the property for safety crossing; there will be safety cones and expansion type signs marking children crossing. He also stated the people with the semis are not there anymore. The people going into that space will not have any more generators; there won’t be any gas, diesel or parking on the grass. That is done. Commissioner Dubiel said you are going to be taking care of the safety of these children as well, correct? You don’t want any problems there either. Mr. Peterson stated yes. Chairman Kanelos asked if there were any more questions. There were none. He then entertained a motion. Commissioner Dubiel moved to approve 12-ZP-24 by Stella Kalaykova, owner, requesting approval of a Special Use to Appendix B Section VIII (B)(3)(g) to operate a day care center at 7030 N. Milwaukee Ave., Niles, IL. Page 15 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 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 so that the public health, safety and welfare will be protected and will not cause substantial injury to value of other property in the neighborhood in which it is located. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, NAYS: 1 Kanelos There being six (6) affirmative votes, the motion carried. Chairman Kanelos called for the last item on the agenda. 12-ZP-25 Daniel Rumpel, owner 5060 N. Delphia Chicago, IL 60656 Requesting approval of Appearance to Appendix B Section VII (A)(6)(a) to construct a new home at 7415 W. Main St., Niles, IL 60714, PIN #09-24-403-042-0000. Mr. Wlodarski presented case 12-ZP-25. This is a request to construct a new, single family dwelling on a vacant lot at 7415 W. Main St. Due to the architecture of the proposed dwelling the Community Development Department felt this Board should examine this proposal to make sure they met criteria set forth in the zoning ordinance which states: no permit shall be issued for any new, major renovation or an improvement to an existing building or structure which is of such architectural design that the same of distinctly inferior or so different so as to impair marketability or property values of existing buildings or structures in the same immediate vicinity. All exposed exterior walls and exposed portions of exterior walls of each building structure shall have the same material for architecturally harmonious materials. This Board is the final decision on this matter. Vice-Chairman Dimond said as she looks at the architectural drawing it seems that a wall or fence sticks out toward the street. Is there some type of set back problem with that? Mr. Wlodarski said that wall will not be there. When they submitted this drawing, that is one of the first things we told them. The wall does not meet Page 16 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 any set backs. The architect then said the wall will not be part of the plan for this building. Vice-Chairman Dimond asked if there were any other changes made subsequent to the drawing being submitted. Mr. Wlodarski said no. Chairman Kanelos asked for the floor plan of the main floor to be put on the overhead screen [the one that shows that wall.] So where is the wall coming out? Mr. Wlodarski said the set back itself is a 25 ft. set back. If you look at the dimension that says 19’10” – nothing would stick out farther than that wall. The porch can stick out farther than that wall as far as the stairs but that concrete wall that Vice-Chairman Dimond was referring to cannot stick out further than the front of that building. The Commissioners are now looking for the page in the packet that shows the proper elevation to be put on the overhead. They agreed it is SP-01. Vice-Chairman Dimond asked what cladding will be used on this building. Mr. Wlodarski said it appears to be brick and wood but he will let the petitioner answer that. Chairman Kanelos then asked for a more detailed description of where the set back ends. He also verified that the brick wall that stuck out there will be gone for sure. Mr. Wlodarski said yes, the wall is gone. Chairman Kanelos asked to go back to FP-01 on the overhead. It was explained how the wall will come back to the front set back. Mr. Wlodarski will let the petitioners answer those types of inquiries. Chairman Kanelos said the code requires 50% masonry. Does this meet the code? Page 17 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Wlodarski said once again he will let the petitioner answer this. Commissioner Dubiel wanted clarification if this case is before the Board because the permit has been denied or is this pre-permit. Mr.Wlodarski said this is pre-permit. It is just such a unique design compared to the neighborhood the staff felt more comfortable having the Board look at it. Commissioner Dubiel said since the new packet rules have come together, this packet being observed tonight will stay because we discussed it formally or will they have a new packet with the new markings on it. Mr. Ostman said this is the complete packet that will go to the Trustees. The Trustees do not get any of the markings. Those are to assist this Board. Chairman Kanelos said what Commissioner Dubiel means is that, for instance, the brick wall is going to go. Will the Trustees get a revised plan? Mr. Ostman said no, the Board will get the original packet with the minutes from this meeting that states what changes have been made. Actually, this does not have to go on to the Village Board of Trustees. This Zoning Board is the final say on this case. Commissioner Nakanishi asked if there was any feedback from the neighbors. Mr. Wlodarski said one neighbor has come in and she is present tonight. Chairman Kanelos asked if there were any more questions for Mr. Wlodarski from the Commissioners or the public. There were none. He asked for the petitioner, Daniel Rumpel, 5060 N. Delphia, Chicago, IL 60656, to step forward. He did so along with his two architects, Paul Tebbin (sp?), 735 W. Belmont Ave., Chicago, IL 60657 and Vladimir Reduteny(sp?), 910 N. Lake Shore Drive, Chicago, IL 60611. [The recording secretary did not understand the last names of the architects and they left the building immediately after the roll was taken so she was unable to ask them to spell their names.] Mr. Tebbin thanked Mr. Wlodarski for all his help on bringing them up to speed on all the requirements regarding this project. He added they are Page 18 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 being reviewed for the aesthetic character and style of the building. They design on ideals and are elite certified. He explained how they design. The brick wall that was discussed will be in full compliance. The permit drawings submitted will be in compliance. He went on to explain the set back issues. They actually end up with a 2 ft. overhang on the upper level. Commissioner Troiani said on page EL-03 [west view] he sees a wall over there sticking out. He went on in detail about how this must be handled. Mr. Tebbin said that is the same wall they just spoke of that will be no more. It will be pulled back to be in compliance. Vice-Chairman Dimond has questions about the cladding on the exterior. Mr. Tebbin said the base of the building is brick. Above that is wood siding. It has not been determined exactly but they are looking at high quality, no maintenance. Because they are pre-permit, those things have not been decided for sure at this time. Vice-Chairman Dimond asked Mr. Rumpel if he planned to move into this house. Mr. Rumpel said he told the architects to design it so if he couldn’t sell it he would be able to move in with his family. His children go to the Christian Academy on Caldwell and he is active in the Romanian church across the street. It is not a spec house designed to make a profit. Paul and Vladimir have a high end architectural firm. Mr. Rumpel’s firm is a high end construction firm. Chairman Kanelos said so your primary intention is to sell the house but you have no intention of selling it for profit. Mr. Rumpel said it is not intended to make maximum profit. It is more to show my firm. But if it does not sell he will move into it. Commissioner Dubiel said they are here about the very modern appearance of the house relative to the neighborhood. Near Keeney and Shermer is a large home kind of like an Alpine house. So like that, we are looking at the house versus the neighborhood. Since there is no zoning problem, they haven’t distributed letters to the neighbors all around. Page 19 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Ostman said it is not a Special Use or a variance issue so they did not have to send letters. Chairman Kanelos said the Board has no idea if anyone in the neighborhood has concerns over this. Mr. Wlodarski said staff mailed out letters to the neighbors within 250’ even though it was not required. Commissioner Nakanishi asked Mr. Dubiel to read at the beginning of the packet about the issuance of permit. It is basically what Mr. Wlodarski said earlier when the case was presented: no permit shall be issued for any new, major renovation or an improvement to an existing building or structure which is of such architectural design that the same of distinctly inferior or so different so as to impair marketability or property values of existing buildings or structures in the same immediate vicinity. All exposed exterior walls and exposed portions of exterior walls of each building structure shall have the same material for architecturally harmonious materials. This is the reason they are looking at it. Chairman Kanelos mentioned the glass which looks like storefront. Mr. Tebbin said there are fixed windows and operable windows. The idea is to have passive and cross ventilation. Chairman Kanelos asked Mr. Ostman if he did calculations regarding the 50% masonry. Mr. Tebbin said they do meet the 50% requirement. Mr. Wlodarski said they would have to take a look at the final plan because it is so unique. They have a whole wall of glass. They may have to add a little more brick. The staff will have to evaluate that issue. It is a zoning issue. Chairman Kanelos said they are being asked to give their opinion but they aren’t even sure exactly what it will look like. Mr. Wlodarski said it would be very similar to the plans being shown tonight but if they have to go back and tweak it a little bit, they are ready to do so. Page 20 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Tebbin explained the 50% is actually part of the building code; not the zoning code. Vice-Chairman Dimond asked if the architects have LEED certification. Mr. Reduteny said he is LEED certified but they are not planning to build a LEED certified project. It is their firm’s ideology to think along those lines. Commissioner Dubiel asked if there is a price point for this project. Mr. Rumpel said it would be about $600,000. Commissioner Troiani asked when they were planning to submit the finished drawings. Mr. Rumpel said in a week or two. The plans were not completed because they wanted to wait and see if they are approved. Commissioner Troiani stated he did not like it. He went on to explain what he did not like about the structure. He wants to see the finished drawings. Chairman Kanelos said on the rear part of the building you have a brick wall. Is that considered a fence or is it part of the house? Mr. Tebbin said that will be sorted out with the building department when they go through the permit process. But he said they are significantly over with the 50%. He then explained how everything was calculated. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There was one question from the public. Mary Jean DiLorenzo, 7411 W. Main St., Niles, IL 60714 stepped forward and was sworn in. She doesn’t want to aggravate her new neighbors but she is heartbroken they are not keeping up the style of the neighborhood. She is concerned that it looks so different from the rest of the neighborhood. She hopes there won’t be flooding because it seems like a really big house. Commissioner Dubiel asked about how many neighbors received the letter from the Village concerning this house. Page 21 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Wlodarksi said approximately 20 to 25 homes. Mr. Ostman said at least 35 homes. Chairman Kanelos asked if there were any more questions for the petitioner. There were none. There was no one left in the public audience so there were no questions. He then entertained a motion. Commissioner Dubiel move to approve case 12-ZP-25 Requesting approval of Appearance to Appendix B Section VII (A)(6)(a) to construct a new home at 7415 W. Main St., Niles, IL and that it 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 so that the public health, safety and welfare will be protected and will not cause substantial injury to value of other property in the neighborhood in which it is located. There was no second to that motion. Vice-Chairman Dimond asked Mr. Annunzio if that is the standard that would apply to this type of question. Or is the question they need to ask is whether the property is distinctly inferior in materials or if it is so different it would affect marketability. Mr. Annunzio said you should take the elements that are set forth in the [inaudible.] Chairman Kanelos said Vice-Chairman Dimond is correct. Commissioner Dubiel then withdrew the motion. Chairman Kanelos said the motion does not have to be withdrawn because there wasn’t a second. He then asked if there was another motion. Commissioner Troiani moved case 12-ZP-25 requesting approval of Appearance to Appendix B Section VII (A)(6)(a) to construct a new home at 7415 W. Main St., Niles, IL be denied at this time. Seconded by Commissioner Nakanishi. Chairman Kanelos said they usually don’t make negative motions. Page 22 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 Mr. Annunzio said you can make a positive motion and vote against it or make no motion at all. Commissioner Dubiel gave an example of a negative motion – that a “no” vote would be an approval. And a “yes” vote is a denial. He asked if they need to clarify the reasons. Chairman Kanelos said if you’re are making a negative motion you should state it does not comply with this ordinance such as if you feel it negatively impacts the other properties. He also said they don’t have to do that because this is not a variance. They do not have to have specifications in it. There is a negative motion to deny on the floor and to make it clear, if you vote yes you are voting to deny the petition; if you vote no you are voting against the petition to deny which leaves it open again. It makes it more difficult to vote on a negative motion so no motion would be in effect a denial. If there was a positive motion they vote yes to approve and no to deny. He said both Commissioner Troiani and Nakanishi have to withdraw their motions and someone might make another motion to approve or they make no motion at all or they can leave your motion in place. They have to be very clear when voting on this. There is much discussion back and forth regarding how to phrase the motion. Vice-Chairman Dimond asked if she could ask one more question of the owner. She cannot since there is a motion on the table. On roll call [to deny] the vote was: AYES: Surace, Troiani, Nakanishi, Kanelos NAYS: Dimond, Schulter, Dubiel Motion to deny is approved 4 to 3. Chairman Kanelos then entertained a motion to adjourn. Commissioner Schulter moved to adjourn. Seconded by Commissioner Dubiel, 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. Page 23 of 24  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS September 10, 2012 The meeting adjourned at 8:45 p.m. Kathleen Janessa, Recording Secretary Page 24 of 24