Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 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 were Commissioners Karen Dimond, Thomas Surace, Angelo Troiani and Morgan Dubiel. Also present was Richard Wlodarski, Assistant Director of Community Development and Bruce Sylvester, Senior Planner. Commissioners Barbara Nakanishi and Robert Schulter were absent as was Village Attorney Joseph Annunzio. The Commissioners did not receive a copy of June 3, 2013 minutes in their meeting packet for this evening’s proceedings. For this reason, Chairman Kanelos entertained a motion to table approval of the June 3, 2013 minutes until the next meeting on September 9, 2013. Commissioner Dubiel moved to table the minutes until the next meeting. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Dubiel, Kanelos NAYS: 0 ABSENT: 2 Nakanishi, Schulter There being five (5) affirmative votes the motion carried. NEW BUSINESS 13-ZP-17 Requesting a Special Use to Appendix B Section VIII(B)(3)(nn) to operate a medical clinic at 8630 West Golf Road, Niles, IL 60714. 13-ZP-18 Requesting approval of variation to a) Appendix B Section IX(B)(8) to exceed building height limits; and b) Chapter 18 Section 323 to exceed fence height limits for a proposed new building at 5959 Howard Street, Niles, IL 60714. 13-ZP-19 Requesting a Special Use to Appendix B Section VIII(B)(3)(1) to operate a nail salon at 8206 West Oakton Street, Niles, IL 60714. 13-ZP-20 Requesting a variation to Appendix B Section VIII(C)(9) Page 1 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 to exceed building height limits for proposed building modifications at 8203 West Golf Road, Niles, IL 60714. Chairman Kanelos called for the first item on the agenda. 13-ZP-17 Requesting a Special Use to Appendix B Section VIII(B)(3)(nn) to operate a medical clinic at 8630 West Golf Road, Niles, IL 60714. Bruce Sylvester, Senior Planner, presented this case. This is a unit in an existing strip mall center. Years ago it was occupied by a restaurant; it has been vacant for several years. Staff recommendation is to approve the request. Physicians Immediate Care has submitted an application to relocate their medical clinic to the Shops on Golf center. The clinic is currently located in the Village at 8965 West Golf Road. The property is zoned B-1 Business District and a medical clinic is considered by the zoning code to require a Special Use in this zoning district. The proposal is for an approximately 3,100 sq. ft. medical clinic with six examination rooms, a trauma room and an x-ray room. At some point in the future they would like to expand and add a 2,000 sq. ft. area for a planned physical therapy business. It is consistent, if approved, with the Village’s 2030 Comprehensive Plan. It will promote commercial corridor beautification, combat blight and would maintain a range of retail and service commercial activities throughout the Village. The parking is explained on page 2 of the packet. A variation was granted for the shopping center several years ago. With this business and an existing business there would be a slight shortfall in parking; but it is within the amount allowed by the parking variation granted in the past. The terms of the Special Use that need to be satisfied are: Is the Special Use necessary for the public convenience at that location? Staff believes it is. Is the Special Use designed, located and proposed so the public health, safety and welfare will be protected? Staff believes it is. Will the Special Use cause substantial injury to the value of other properties in the neighborhood in which it is proposed to be located? Staff believes it will not. Vice-Chairman Dimond asked if the parking variation was granted to the owner of the entire shopping center. Page 2 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Mr. Sylvester answered yes. Chairman Kanelos said right now this exists with variation of 14% for the parking: 115 provided, 131 required. Mr. Sylvester said yes, with this proposed business and the other businesses in there currently. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. There were no questions from the public either. The petitioner, Patrick O’Neill, was not present. In his place was his representative Otto Gonzales, 25 Marina Drive, Des Plaines, IL. He came to the podium and was sworn in. He had nothing to add to what Mr. Sylvester said. They feel this will be an improvement to the community. They will have more visibility than the present location. Chairman Kanelos asked about the expansion. Mr. Gonzales said they are looking to partner with a physical therapy organization. The area would be about 2,000 sq. ft. Mr. Sylvester said Staff included the parking in that 2,000 sq. ft. area that would be designated for physical therapy. Chairman Kanelos asked if there were any more questions from the Commissioners for the petitioner. There were none. Nor were there questions from the public. At this time he entertained a motion. Vice-Chairman Dimond moved to approve case 13-ZP-17 requesting a Special Use to Appendix B Section VIII(B)(3)(nn) to operate a medical clinic at 8630 West Golf Road, Niles, IL. She added they make the finding that this Special Use is necessary for the public convenience at the proposed location for the reasons already stated in the report; that the Special Use designed, located and proposed to be operated so the public health, safety and welfare will be protected. Also, the Special Use will not cause substantial injury to the value of other properties in the neighborhood in which it is proposed to be located. Seconded by Commissioner Dubiel, on roll call the vote was: Page 3 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 AYES: 5 Dimond, Surace, Troiani, Dubiel, Kanelos NAYS: 0 ABSENT: 2 Nakanishi, Schulter There being five (5) affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Charles Ostman, Director of Community Development, and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the second item on the agenda. 13-ZP-18 Requesting approval of variation to a) Appendix B Section IX(B)(8) to exceed building height limits; and b) Chapter 18 Section 323 to exceed fence height limits for a proposed new building at 5959 Howard Street, Niles, IL 60714. Bruce Sylvester stepped to the podium to present this case. This is a request for two variations to a very substantial redevelopment project on the east side of the Village in an industrial park. This would be the W.W. Grainger site near the intersections of Howard, Menard, Jarvis and just east of the railroad tracks. There is a potential buyer for the property. They are proposing to tear down the existing facility; it is approximately 35 acres. They would construct a new warehouse and distribution center. It is a Permitted Use. It is in the M – manufacturing district. This is on the agenda because of the height of the building which is higher than the zoning ordinance will allow and they would also like a perimeter fence around the entire exterior of the site for security reasons. They are proposing the fence to be 8 feet tall, which is 2 feet higher than the Village’s 6 foot height limit. Staff is recommending approval of these two requested variations with a condition of approval. This has to do with the fact the Grainger site is comprised of many parcels. There are many lot lines through the 35 acre site. When the current buildings are torn down and a new building is proposed, those property lines need to be cleaned up. Parcels need to be consolidated; some easements need to be vacated. That would be part of a Page 4 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 plat process that will take some time. The applicants have been informed the Village can move forward with the variation requests but they need to move forward simultaneously with a new process to get a new plat created and submitted to the Village for review and approval. The recommended condition of approval is to approve these variations, but building permits won’t be issued until after the plat is approved. This way they can proceed with demolition and site preparation. The variation for the fence height limits would be variation to Chapter 18 Section 323; variation for maximum building height limits would be Appendix B Section IX(B)(8). Once again this site is manufacturing. It is consistent, if approved, with the Village’s 2030 Comprehensive Plan. Specifically in the industrial area section of the Comprehensive Plan, there are couple of goals: it will support light industrial and business park commercial service sector to maintain a diversified tax base and employment opportunities within the Village; it will promote and encourage improvement or rehabilitation of older industrial buildings in areas which are or are becoming functionally obsolete; it reserves designated industrial areas exclusively for light industrial research and development and business park uses; lastly it ensures all uses are effectively screened from adjacent properties and public rights of way through the use of landscaping, fencing or a combination of the two. Several requirements have to be satisfied before the Village can grant variations. Staff believes they have been satisfied. If granted, the variation will not alter the essential character of the locality. On the overhead projector is a picture of the site. They are showing building elevation. The petitioner is requesting 39 ft. The Village allows 36 ft. This is typical for a warehouse building. Chairman Kanelos asked if this height limitation is going to be addressed in the new zoning code so the Board doesn’t have to go through all this. Mr. Sylvester said yes. Next shown is the elevation of the fence. Initially it was chain link. Staff said it needs to be an attractive fence. It will be vertical black metal and brick pillars that will match the exterior of the building. Commissioner Troiani asked if this was going to change the zoning of the entire area. Mr. Sylvester said this proposal does not change the zoning at all. It is manufacturing zoning and within that, different types of land uses are allowed. It includes manufacturing, warehousing, distribution plus other Page 5 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 things. The zoning is not changing; the use is. Vice-Chairman Dimond asked about the landscape plan; the overhead drawing shows trees. Mr. Sylvester said there is a landscape plan in place. Vice-Chairman Dimond asked about the fence going around the entire perimeter with an opening on Jarvis. Mr. Sylvester said where there is vehicle access it would be more of a gate- type opening. The gate would also be covered by the variation. Vice-Chairman Dimond asked Mr. Sylvester to address additional five points mentioned in the report. Mr. Sylvester went into a lengthy explanation about the language in the zoning ordinance. Various items have to be taken into consideration. Commissioner Dubiel said this report refers to the owner, which would be the applicant once this is completed. Legally that wouldn’t apply since we are dealing with an applicant who is a non-owner at this point. Contractually there is probably a clause that lets him out if this is not approved, right? Mr. Sylvester said yes. He went on to explain the rest of the points. It is Staff’s opinion that numbers 4 and 5 are the applicable reasons or conditions that are satisfied by both these requested variations. Commissioner Dubiel asked if they had any idea how much truck traffic would be coming through here. It seems like it would be more since this would now be a distribution district. Chairman Kanelos said that would be irrelevant since this is about the height and fence variations. It is an allowed use and would increase traffic since it is about distribution. Mr. Sylvester said they are not being asked to approve warehousing and distribution. But the applicants did do a traffic study and provided copies to the Village. Page 6 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Chairman Kanelos asked if there were any more questions from the Commissioners for Mr. Sylvester. There were none. One gentleman from the audience was going to ask a question but decided to wait for the applicant. Representing the petitioner: Courtney Lehman, Scannell Properties, 11555 Bent Tree Ct., Zionsville, IN Brett Duffy, 9575 W. Higgins Rd., #700, Rosemont, IL Craig Most, 380 Pierce Ct., Vernon Hills, IL They came to the podium and were sworn in. Mr. Lehman pointed out they have been working with the Staff and are excited about the project. Chairman Kanelos asked about the pillars included in the fencing. Also, what is the need for an 8 ft. fence as opposed to a 6 ft. fence? Mr. Lehman said they will be precast concrete. They will be spaced about 100 ft. along Howard and Menard. Those two roads are most visible. The fence is also supported on the ground every 8 ft. wherever a normal post is. The height of the fence is for security reasons. Commissioner Dubiel asked about the traffic study. Mr. Lehman said it was performed. The Department of Transportation has reviewed it. It will be part of the permit required for development. Commissioner Dubiel wanted to clarify the spacing of the columns in the fence. Mr. Lehman said they would be 100 ft. apart on Howard and Menard. There will be no columns on Jarvis or Lehigh [along the railroad tracks.] Chairman Kanelos asked if the potential tenant has other facilities. Do they all have 8 ft. fences? Mr. Lehman answered yes; they have other facilities with 8 ft. fences. Commissioner Troiani asked what kind of security is involved. Mr. Lehman said there would be a security gatehouse with a 24 hour guard. Page 7 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Mr. Sylvester said the plans were reviewed by the fire department and they didn’t have any concerns. Chairman Kanelos said there are no comments in the packet from any other departments. There was in the first packet but nothing in the second, third or fourth. Mr. Sylvester said he distributed copies of the other cases to the fire department. He did not make it part of tonight’s record. He will remember to do that in the future. All departments received copies and had no concerns about the height of the building or the fence. Vice-Chairman Dimond asked about the parking lot parcel to the east of Menard. Is there a fence around that? Mr. Lehman said no, there is not. Vice-Chairman Dimond asked why there won’t be pillars along Jarvis. Mr. Sylvester said Staff was comfortable without the decorative pillars along Lehigh. But they did feel they should be along Jarvis. He suggests that be part of the approval. Mr. Lehman said the applicant is willing to add pillars along Jarvis. Vice-Chairman Dimond asked about trees around the perimeter. Mr. Lehman said there would be trees. Vice-Chairman Dimond asked if the building would be LEED certified. Mr. Lehman said they are not seeking LEED certification. Commissioner Troiani asked what are the hours of operation. Mr. Lehman said the operation is 24 hours. Patricia Knoll, SHURE, 7733 Armitage Ave., Elmwood Park, IL, stepped to the podium and was sworn in. She asked the height of the existing Grainger building. Page 8 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Mr. Lehman said it is between 50 and 60 feet high. Ms. Knoll said they are excited about the project and think it will be an improvement. However, they are concerned about the amount of traffic coming into the neighborhood. 50% of SHURE’s associates come in from Howard Street down Menard and Jarvis. The rest come in off Touhy Ave. They would like specifics about the time of day of truck traffic. Mr. Lehman said he did not have the specifics here. Commissioner Dubiel asked the hours of SHURE and was that traffic included in the IDOT study. Ms. Knoll replied from 6:00 a.m. until 7:00 p.m. Mr. Lehman said the traffic was counted for several days to know the movements of all the neighbors. The prospective tenant traffic count was put in with the actual traffic report to get a level of service. Chairman Kanelos said he doesn’t want to allow too much to go on about this subject. It is not why they are here. It is for the building and fence height. Ms. Knoll asked for a copy of the executive summary of the traffic study. Chairman Kanelos said she could ask Bruce Sylvester for that report. Ms. Knoll said they would like to see additional trees or landscaping along Jarvis as well. She appreciates the addition of decorative columns. Chairman Kanelos asked if the 9 or 10 trees along Jarvis would be kept. He added the landscaping can be made a condition of approval. Mr. Lehman said if they will be disturbed, they can be replaced. Vice-Chairman Dimond asked again why the building has to be 39 ft. Mr. Lehman said the interior of the building has a clear height requirement for the operation to work. They have a particular system that needs to work. Page 9 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Chairman Kanelos asked if there were any more questions from the public. There were none. The gentleman that was going to ask an earlier question said it was answered during testimony. Chairman Kanelos then entertained a motion. Commissioner Dubiel move to approve 13-ZP-18 requesting approval of variation to a) Appendix B Section IX(B)(8) to exceed building height limits; and b) Chapter 18 Section 323 to exceed fence height limits for a proposed new building at 5959 Howard Street, Niles, IL 60714. It meets the requirements of Subsection II Appendix B Section XI(e). It will not alter the essential character of the locality; it also meets the standards in items 4 and 5 that in granting the variation it will not be detrimental to the public welfare in the neighborhood in which the property is located or that the proposed variation would not impair a good supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. This is applicable to both variations. As a condition, building permits will not be issued for the proposed new building until after the applicant has recorded the subdivision plat approved by the Director of Community Development. Also, the pillars described will be placed on Jarvis, Howard and Menard Streets. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Dubiel, Kanelos NAYS: 0 ABSENT: 2 Nakanishi, Schulter There being five (5) affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the third item on the agenda. 13-ZP-19 Requesting a Special Use to Appendix B Section VIII(B)(3)(1) to operate a nail salon at 8206 West Oakton Street, Niles, IL 60714. Page 10 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Bruce Sylvester came to the podium to present the case. The petitioner would like to open a business called Perfectly Pampered Nails. This is classified as a Special Use in the B-1 zoning district. Staff believes this would be an appropriate business in this location. They believe the Commissioners should hear from the applicant and specifically talk about the parking. This is a newer strip mall. Yogli Mogli is a successful yogurt shop. The owner of the building said she has leased out one of the spaces to a picture framing business. The fourth tenant space would probably be retail when it is leased. Taking all those businesses into account, the zoning ordinance would require 39 parking stalls; only 22 parking stalls are provided. Aside from parking it meets all of the requirements for Special Use. Would the Special Use be necessary for the public convenience at that location? Staff believes yes. Is the Special Use designed, located and proposed so the public health, safety and welfare will be protected? Aside from the issue of parking, Staff believes it is. Will the Special Use cause substantial injury to the value of other properties in the neighborhood in the which it is proposed to be located? Again, if the parking is not an issue, Staff believes it will not. The petitioner did a parking count herself and that is included in the packet. The owner of the property also had a parking study done and that, too, is included in the packet. Commissioner Dubiel wants clarification on the fact if this business would cause substantial injury to the value of other property. Mr. Sylvester said that would be up to the Commissioners to decide. It depends on what they think about the parking concern. Commissioner Dubiel said Yogli Mogli is required to have 17 parking stalls. Is there a parking problem with that business? Richard Wlodarski deferred to the mall owner. The majority of the time there is not a parking problem. She can explain it. At times, there may be parking problems. Commissioner Dubiel said 15 stalls are shown for the nail salon. Are we updating our code? Page 11 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Mr. Sylvester said this calculation is based on current requirements which are for any type of business where you have seats. So for people getting their their nails done, the requirement is 3 stalls per station. Therefore the nail salon would have 5 stations times 3 stalls for each station equaling 15 stalls. Commissioner Dubiel said this is under the old code. Is this 1967? Mr. Wlodarski said if the business is continually full every hour they are open it is figured like this: one person is getting their nails done, a nail technician is doing the service and one person is waiting. That is how they figure 3 stalls. They probably aren’t going to need 15 stations every minute they are open but if they have 5 people working there, he assumes they will need it. Chairman Kanelos said with 17 stalls required for Yogli Mogli, a situation has sort of been set up where there is almost no way they can put anything else in that place and be in conformance with the Village. If I were the owner that would be a hardship. Mr. Sylvester said the proposal was given to the other departments and they had no comment. Vice-Chairman Dimond asked how they came up with 17 spaces for Yogli Mogli. Mr. Sylvester said this ordinance isn’t black and white. Parking requirements are determined by the type of business. The most similar business in the ordinance is “restaurants-carryout only”. Therefore it is one stall for every 100 sq. ft. That is what was used to determine the parking requirements for Yogli Mogli. Chairman Kanelos said since it is in a residential neighborhood a lot of people probably walk there. The Board should keep that in mind. Commissioner Dubiel said some of that space inside the store is taken up with cash register, counter space, food stations, etc. Mr. Sylvester said there is some seating. The landlord and owner of Yogli Mogli are here tonight. They can answer those questions. Page 12 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Commissioner Dubiel asked why there wasn’t an updated aerial photo of the site. Mr. Sylvester said the Village pays for aerial photography every five years. The newest aerial photos will be taken in 2014. The building there today is newer than the last aerial photo. Chairman Kanelos asked if there were questions for Staff from the Commissioners or from the public. There were none. He called the petitioner and the landlord to the podium. Cynthia Antuna, 5037 N. Oak Park Ave., Chicago, IL, the petitioner, and Georgia Demeros, 804 Elm St., Park Ridge, IL, the landlord, stepped forward and were sworn in. Ms. Antuna feels she will be enhancing the area and will provide good service. This will be more of a boutique shop where moms and daughters can come in together to get pampered. She will be closing for the evening when Yogli Mogli is at its busiest. People don’t want to come at 9 at night to get their nails done. They will come in the morning and afternoon and they will come in early on Saturdays and Sundays as well. It shouldn’t clash with the traffic of Yogli Mogli. She is hoping to hire locally and those employees can walk there. This is a completely new business for her. She is in advertising for Yahoo! but she saw a need for this type of service. Currently there is no place for moms and daughters to have this experience together. Commissioner Dubiel said then parking would be reduced because the mother and daughter would come in one car. There would be 5 stations but at any time 4 patrons may have come in the same car. Ms. Antuna said she would encourage appointments thereby limiting walk- ins. She is specifically marketing the concept of mother and daughter. Her hours will be 10 a.m. until 7 p.m. Tuesday through Saturday and 10 a.m. until 6 p.m. on Sunday – closed on Monday. Commissioner Troiani asked how many employees will there be. Ms. Antuna said at full capacity it would be 5 employees. Vice-Chairman Dimond said there are actually 5 stations plus 3 Page 13 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 children stations, correct? The mothers would be using an adult station while a child is at their own station. And there are 5 pedicure stations, correct? Ms. Antuna said yes. Children stations would include 4, 5 and 6 year olds. Children older than that would be using the larger chairs at the adult stations. Chairman Kanelos asked if there were more questions for the petitioner from the Commissioners or the public. There were none but he had a question about the traffic study. He drives by there often and can’t remember a time where there weren’t open spots. The study provided by the landlord was done by KLOA. He feels practical use isn’t up to what is technically required. Ms. Demeros said Yogli Mogli is a Permitted Use as an ice cream store. It did not need to go through any Special Use for parking. It is treated as retail under the zoning code. The 17 stalls are inaccurate. When they obtained their business license, they did not qualify as a restaurant as under the Village’s definition. It is a Permitted Retail Use and requires one spot for every 250 sq. ft. Therefore that number should be 7 stalls. Mr. Sylvester said it is confusing. Yes, Yogli Mogli is a Permitted Use. But we are talking about parking requirements. The ordinance says how much parking different kinds of land uses require. It doesn’t say how much parking an ice cream store requires. As Staff they had to find the closest thing to an ice cream store and it was a carryout-only restaurant. Ms. Demeros doesn’t understand how they can go back and recharacterize an existing business for another tenant’s Special Use. She wants to point this out. Chairman Kanelos said a restaurant in that mall would have required a Special Use, correct? Mr. Sylvester said yes. The zoning ordinance specifically lists an ice cream store as a Permitted Use. Chairman Kanelos said this is sort of a grey area. Commissioner Dubiel said when the zoning code was put together sometime Page 14 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 in the sixties, an ice cream store was considered low parking usage. Is that a mistake or do you say let’s keep that consistent? Mr. Wlodarski said where the 100 sq. ft. came in when it was installed was a perfect example such as Lou Malnati’s. It would be a disaster on a Friday or Saturday night for pizza carryout. It is the best they can come up with. Ms. Demeros said she has marketed the property for over eighteen months. They have turned away a lot of people [franchises] that won’t work there. They pushed for the framing store and think Cynthia has a unique concept to make the neighborhood better. Chairman Kanelos said the Commissioners understand that. There were no other questions from the Commissioners or the public. He then entertained a motion. Commissioner Troiani moved to approve 13-ZP-19 requesting a Special Use to Appendix B Section VIII(B)(3)(1) to operate a nail salon at 8206 West Oakton Street, Niles, IL 60714. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Dubiel, Kanelos NAYS: 0 ABSENT: 2 Nakanishi, Schulter There being five (5) affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos called for the final item on the agenda. 13-ZP-20 Requesting a variation to Appendix B Section VIII(C)(9) to exceed building height limits for proposed building modifications at 8203 West Golf Road, Niles, IL 60714. Bruce Sylvester said the site is the former Jewel Osco store in the Four Flags Page 15 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Shopping Center. The petitioner is proposing to open a Fresh Farms grocery store in that site and adding some very attractive façade improvements to the exterior of the building. This will be for the front of the building. The proposed height in the report is 54 feet. We found out tonight after discussions with the architect they are proposing an even taller highest point which would be 59 feet. The public notices have been done and all legal requirements have been satisfied. There are actually two tall features. This would be consistent with the Comprehensive Plan. It will promote commercial corridor beautification, combat blight and would maintain a range of retail and service commercial activities throughout the Village. He did not repeat the 5 requirements that have to be satisfied for a variation but did say that numbers 4 and 5 are satisfied by this requirement. That would be that the granting of the variation would not be detrimental to the public welfare where the property is located. Also, the proposed variation will not impair an adequate supply of light and air to adjacent property. Staff is recommending approval of the request. Commissioner Trioani asked if there were any restrictions because of the power lines behind the property. Mr. Sylvester said this property is far enough west from the lines. Chairman Kanelos said the change from 54 feet to 59 feet – does that put the Board in conflict with what was reported since they posted 54 feet as originally requested? He doesn’t like last minute changes and is not sure if they are in conflict with the public notification already out there. Mr. Wlodarski suggested moving forward and talking to the Village Attorney tomorrow [Tuesday, August 6, 2013] and if there is an issue the petitioner would have to reapply or he will have to live with 54 feet. Chairman Kanelos suggested tabling this until next month or they can pass it at the lower height. Commissioner Dubiel said he understands if is on the agenda and they are looking at a height variation, the petitioner can come in and say this or that and the Board can decide. This is a posting question. Vice-Chairman Dimond stated if this is an Open Meetings Act question, the fact it is on the agenda is probably enough. She doesn’t exactly know the Page 16 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 requirements of that section of the code - what needs to be posted. Mr. Sylvester said for a variation they are required to do notification in the newspaper and to owners of property within a certain distance. Chairman Kanelos asked if in that notification you are required to list the specific variation being requested. Mr. Sylvester said the notice included a variation for the height of the building and the amount of the variation being requested. Vice-Chairman Dimond said she is less concerned because they are a recommending Board and the issue will have to come up again before the Village Board. Commissioner Dubiel said the area in between the two towers is code now, correct? We are just dealing with the two towers. Mr. Sylvester said correct. Commissioner Dubiel are they dealing with 59 feet or 54 feet. Mr. Sylvester said the applicant just told him he would go with 54 feet. Vice-Chairman Dimond asked how tall is the existing building. Mr. Sylvester said 35 feet at its tallest point. Chairman Kanelos asked if there were any more questions from the Commissioners for Staff. There were none. There were no questions from the public either. At this time he called the petitioner to the podium. Dean Svigos, Fresh Farms, 20 S. Milwaukee Ave., Wheeling, IL, came forward and was sworn in. He explained they are trying to duplicate the Wheeling store which is 59 feet. The architect had it at 54 feet on the plans. It doesn’t matter. He said they can do it at 54 feet. It will change the look somewhat if you wanted it exactly like Wheeling. Commissioner Troiani asked if he would wait a month for the next meeting to straighten this out. Page 17 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 Mr. Svigos said he has to get in there to get going on the project. Vice-Chairman Dimond said if they approved 54 feet tonight and he comes back next month to request 59 feet, it wouldn’t make any difference because work will have at least started. She asked if the extra space above is a façade and is it empty space. [They are putting the drawing up on the overhead.] They are discussing the aesthetics of the parapet. Commissioner Dubiel asked if they were approving the façade all the way around or just the towers. Mr. Sylvester said just the towers. Chairman Kanelos said they are approving the height of 54 feet. It does not specify two towers. He asked if there were more questions for the petitioner. There were none from the Commissioners. There were none from the public. He entertained a motion. Commissioner Troiani moved to approve 13-ZP-20 requesting a variation to Appendix B Section VIII(C)(9) to exceed building height limits for proposed building modifications at 8203 West Golf Road, Niles, IL 60714. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Dubiel, Kanelos NAYS: 0 ABSENT: 2 Nakanishi, Schulter There being five (5) affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos then entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Vice-Chairman Dimond, on roll call the vote was: Page 18 of 19  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 5, 2013 AYES: 5 Dimond, Surace, Troiani, Dubiel, Kanelos NAYS: 0 ABSENT: 2 Nakanishi, Schulter There being five (5) affirmative votes the motion carried. The meeting adjourned at 8:50 p.m. Kathleen Janessa, Recording Secretary Page 19 of 19