Planning and Zoning Board

MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 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, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner. Commissioner Thomas Surace was absent. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of February 4, 2013. There were two corrections: page 2, 4th paragraph - 250” was corrected to read 250 feet; page 5, DISCUSSIONS was changed to read that Chairman Kanelos tabled the Appearance Code Review. Chairman Kanelos moved to approve the corrected minutes of February 4, 2013. Commissioner Troiani called the roll. AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. NEW BUSINESS 13-ZP-05 Plat of Consolidation at 7415 West Main Street Consolidation of 2 parcels for one single-family home. 13-ZP-06 Plat of Consolidation at 7007 North Milwaukee (Harts Plaza) Consolidation of multiple parcels for a commercial redevelopment. 13-ZP-07 Special Use Permit for a second hand store at 7639 North Milwaukee Proposed ‘Resale 360’ furniture resale business. Page 1 of 8  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 13-ZP-08 Special Use Permit and Variation for a restaurant at 9641 North Milwaukee Proposed Jimmy John’s restaurant. 13-ZP-09 Sign Variation at 6280 West Howard Proposed sign variation to allow additional signage for Chicago Processed Fruit Group. DISCUSSIONS Update on process to rewrite Niles Zoning and Subdivision Ordinance. Chairman Kanelos called for the first item on the agenda. 13-ZP-05 Plat of Consolidation at 7415 West Main Street Consolidation of 2 parcels for construction of one single-family home as provided in Appendix B Section XI (C.1) (3)(i). Bruce Sylvester, Senior Planner, presented this item. The property owner recently built a home at this address. Since there are two tax parcels, the owner receives two tax bills. The code allows for a plat of consolidation to be approved by the Village Board. The recommendation from staff is for this Board to recommend to the Village Board to approve the plat of consolidation. Staff is trying to include in the reports reference to how a proposed action does or does not comply or line up with the adopted Comprehensive Plan. On the first page of the staff report you can see there are two items in the Comprehensive Plan this is consistent with: consistent administration and enforcement of residential development regulations specifically having single family homes being on a single parcel, rather than two parcels; reference to the Comprehensive Plan to promote expansion of existing homes. This item came to the Department’s attention when the homeowner was proposing to expand the home substantially. On top of the second page are items the Board may wish to include as the Findings of Fact. 1) Plat of consolidation will remedy an existing problem by combining two parcels into one. 2) Plat of consolidation will accomplish several of the goals of the Village’s 2030 Comprehensive Plan. 3) The existing home complies with applicable zoning requirements for setbacks, lot coverages, etc. Chairman Kanelos asked if all appropriate notifications for the surrounding Page 2 of 8  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 areas and postings in the newspaper were taken care of. Mr. Sylvester answered ordinances don’t require notifications for plats. Commissioner Schulter asked if the existing five foot easement between the two lots going to be aggregated or will it stay as is. Mr. Sylvester said according to the plat included in the packet, it shows an existing easement so that easement will remain. Commissioner Dubiel said it looks like only lot 31 is not surveyed. It is not clear what the scale is. The lots are 30 and 31. Mr. Sylvester said he believes it is all of lot 30 and a portion of lot 31 that will be combined into now what will be called lot 1. Commissioner Dubiel asked if there needed to be a second consolidation to 7411 West Main to take over the rest of lot 31. Mr. Sylvester answered if that homeowner ever came forward and wanted any type of building permit, the Department would probably encourage them to do a plat of consolidation. Vice-Chairman Dimond questioned if 7415 is going to be combined with only a part of 7411. Mr. Sylvester cautioned the Board not to use actual street addresses. They don’t necessarily line up with the legal descriptions. Commissioner Dubiel said this was laid out by the developer. The addresses and the actual lots that he sold did not reflect the underlying legal descriptions. The petitioner for the aforementioned case was not present. AT THIS POINT THERE IS A TRANSMISSION ERROR. THE AUDIO STOPPED FOR THE BALANCE OF THIS MEETING. THE REMAINING MINUTES HAVE BEEN PREPARED FROM NOTES AND RECALL. Page 3 of 8  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 Commissioner Dubiel moved to approve 13-ZP-05 Plat of Consolidation at 7415 West Main Street – Consolidation of 2 parcels for one single-family home. Seconded by Commissioner Nakanishi,on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the second item on the agenda. 13-ZP-06 Plat of Consolidation at 7007 North Milwaukee (Harts Plaza) Consolidation of multiple parcels for a commercial redevelopment. Bruce Sylvester presented the case. The proposal is to combine into one parcel several parcels that are all under common ownership and which are all associated with the ‘Harts Plaza’ redevelopment. Commissioner Nakanishi asked about setback requirements and previously granted variations. Director of Community Development Charles Ostman responded that the existing building meets setback requirements because a variation was granted and future buildings will likely be treated in a similar fashion. Maria Kozonis, the petitioner, came to the podium and was sworn in. Her address is 1715 Sunset Lane, Bannockburn, IL. Commissioner Dubiel moved to approve 13-ZP-06 Plat of Consolidation at 7007 North Milwaukee (Harts Plaza) – Consolidation of multiple parcels for a commercial redevelopment. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the third item on the agenda. 13-ZP-07 Special Use Permit for a second hand store at 7639 North Milwaukee Page 4 of 8  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 Proposed ‘Resale 360’ furniture resale business. Bruce Sylvester presented the case. The business will sell furniture and household items that are obtained primarily from estate sales. Mr. Sylvester called attention to the staff report that outlined how the proposal meets the applicable requirements from the zoning ordinance. Mr. Sylvester also highlighted findings of fact and how the requested zoning permit and proposed new business will help accomplish the goals of the 2030 Comprehensive Plan. Plan Commission members had several questions about suggested ‘conditions of approval’ from the Niles Police Department. Mr. Sylvester explained that the Police Department wanted to insure that this business would not deal with fenced or stolen goods and that it would not become a pawn shop. Commissioners also asked questions about how merchandise would be brought to the store – could someone pull up in a truck with a bunch of stuff and bring it inside to have it sold on consignment? Gary Talmedge, the petitioner, came to the podium and was sworn in. His address is 5400 N. New England, Chicago, IL. Mr. Talmedge explained this business would not be a pawn shop; the items would be obtained primarily from estate sales. Items that are not sold within a limited amount of time will be donated. People will not be allowed to bring items to the store to have them sold. The business employees will arrange to view and consider furniture and other items before they are brought to the store. He also stated that the suggested ‘conditions of approval’ from the Police Department were acceptable to him. Vice-Chairman Dimond moved to approve 13-ZP-07 Special Use Permit for a second hand store at 7639 North Milwaukee – Proposed ‘Resale 360’ furniture resale business with the following ‘conditions of approval’: 1) No walk-in consignments; 2) Logs will be required and open for police review; 3) No precious metals or jewelry. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 5 Dimond, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 1 Troiani ABSENT: 1 Surace There being five (5) affirmative votes the motion carried. Chairman Kanelos called for the fourth item on the agenda. Page 5 of 8  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 13-ZP-08 Special Use Permit and Variation for a restaurant at 9641 North Milwaukee Proposed Jimmy John’s restaurant. Bruce Sylvester presented this case. Jimmy John’s restaurant wishes to move into the vacant space at 9641 N. Milwaukee Avenue. There are two items being proposed: first, a Special Use for the restaurant; second, a parking variation. Mr. Sylvester called attention to the staff report which outlined how the proposal meets the applicable requirements from the zoning ordinance. Mr. Sylvester also highlighted findings of fact and how the requested zoning permit and proposed new business will help accomplish the goals of the 2030 Comprehensive Plan. Ms. Andrea Ragona, National Shopping Plazas, is the petitioner. She was not present. Present was: Lawrence M. Freedman, lawyer for the petitioner, 77 W. Washington St., Suite 1211, Chicago, IL 60602 Eric L. Smith, KMA & Associates, Inc. Architects, 1161 Lake Cook Rd., Suite C, Deerfield, IL 60015. Commissioner Nakanishi moved to approve the Special Use. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. Commissioner Nakanishi moved to approve the parking variation. Commissioner Dubiel added a friendly amendment. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. Chairman Kanelos called for the final item on the agenda. 13-ZP-09 Sign Variation at 6280 West Howard Proposed sign variation to allow additional signage for Chicago Processed Fruit Group. Page 6 of 8  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 Bruce Sylvester presented the final case. The business owner wishes to add additional signage to guide delivery trucks and customers to his business. He currently has only an address sign that shows the street number of his address but not his business name or logo. He has had problems with deliveries and customers not being able to find his facility. Mr. Sylvester outlined the staff report. This explained that a variation is required because allowable signage is based on the amount of street frontage that a parcel has and the subject parcel has no street frontage. Mr. Sylvester outlined how the requested signage satisfies the ordinance requirements to obtain a variation; also outlined was how the requested variation will help accomplish the goals of the 2030 Comprehensive Plan. Bob Jewell, Director of Operations, is the petitioner. He came to the podium and was sworn in. His address is 6280 W. Howard St., Niles, IL 60714. He explained his business and need for additional signage. He expressed great support for the Village of Niles and the staff that work for the Village. He said he really enjoys working for Chicago Processed Fruit Group and the company enjoys being located in Niles. Commissioner Nakanishi moved to approve 13-ZP-09 Sign Variation at 6280 West Howard - Proposed sign variation to allow additional signage for Chicago Processed Fruit Group. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. DISCUSSIONS Bruce Sylvester provided an update on the process to select a consultant to help rewrite the Village’s zoning and subdivision ordinances. Ten firms responded to the Village’s request for qualifications. Community Development staff have recommended that four firms receive follow-up requests for proposals. The Village Board must approve the distribution of RFPs and they are expected to grant the required approval at the March 26, 2013 meeting. Chairman Kanelos then entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Page 7 of 8  MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS March 4, 2013 Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 6 Dimond, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 ABSENT: 1 Surace There being six (6) affirmative votes the motion carried. The meeting adjourned at 8:00 p.m. Kathleen Janessa, Recording Secretary Page 8 of 8