Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 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 with Chairman Thomas Kanelos were Commissioners Ted Karabatsos, Susan DeBartolo, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Village Attorney Joseph Annunzio and Charles Ostman, Director of Community Development were also in attendance. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of May 4, 2015 and May 11, 2015. There were none. Commissioner Dubiel moved to approve the minutes of May 4, 2015. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES:7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Commissioner Dubiel moved to approve the minutes of May 11, 2015. Seconded by Commissioner Schulter, on roll call the vote was: AYES:7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos welcomed two new members to the Zoning Board of Appeals and Plan Commission. They are Ted Karabatsos, a local business person, and Susan DeBartolo, also a local business person. He also entered into the record a thank you to Vice-Chairman Karen Dimond for her service to this Board over the past seven years. NEW BUSINESS 15-ZP-22 Requesting approval of a Plat of Resubdivision as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to move a lot line between 8074 and 8080 Milwaukee Ave. Chairman Kanelos called for the first item on the agenda tonight. Page 1 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 15-ZP-22 Requesting approval of a Plat of Resubdivision as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) to move a lot line between 8074 and 8080 Milwaukee Ave. Charles Ostman, Director of Community Development, presented this case. This is in regard to the building that now houses Celli's Beef and an office/residential building to the south of that at 8074 Milwaukee Ave. A portion of that building is on the same lot as Celli's Beef. There is an aerial photo in the Commissioners' packets that shows how the building encroaches into the lot at 8080 Milwaukee Ave. The owner of the lot wishes to lease or sell the property and clean up the building encroachment lot line situation as described above. To do this the property owner would like to clean up the lot line as it is under the multi use building to the south. The properties are both zoned B-1. This would be considered a minor subdivision because it does not require any dedication of land or any infrastructure that is required by the Village. This only requires moving a lot line. This would be done administratively. This does not fall under the Illinois Plat Act. Whenever you have one acre or more in the state of Illinois where something like this is taking place, you do have to follow the Illinois Plat Act. Chairman Kanelos asked if in the future, a subdivision like this will not come before this Board. Mr. Ostman said this is a minor subdivision. We are just moving a lot line on an acre or less. If you want to consolidate lots those are all considered minor subdivisions and it does not have to come in front of Plan Commission with the adoption of the new language. The new language is not in place. Chairman Kanelos said until the new language is in place, this type of thing will still come before this Board. He also asked if this Board is the final say or are they a recommending Board. Mr. Ostman stated they are a recommending Board. He said the subdivision almost always entails one property owner. We are not concerned with the properties around it. It has to deal with a boundary with that one lot by one owner. Commissioner Dubiel asked about the vacated alley shown. Mr. Ostman said that was vacated years ago. Commissioner Schulter asked how many feet this encroaches onto the property. Page 2 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 Mr. Ostman said he wasn't sure. Commissioner Dubiel sees in the report it is 55 ft. in the front; 86.3 ft. on the northern side; southern side is 1.65 ft. It is a significant corner. Mr. Ostman said there are a lot of these situations in the Village. They try to clean them up whenever they are asked or where there is redevelopment on the site. There are areas, like the one off Touhy Avenue, that have never been subdivided except for the very first subdivision. Chairman Kanelos asked the Commissioners to look at page 2 of 3. Because of variations and Special Uses, each has a set of clear Findings of Fact. Likewise you will see the Findings of Fact on this page. Keep in mind the Findings of Fact must be part of the motion. There were no other questions for Staff so he called for the petitioner. Esther Lordots stepped to the microphone and was sworn in. She had nothing to add. Chairman Kanelos asked if there were more questions for the petitioner from the Commissioners. There were none. There were no questions from the public for Staff or the petitioner. He then entertained a motion. Commissioner Dubiel moved to approve the Plat of Resubdivision titled 8080 Milwaukee as provided in Zoning Ordinance Appendix B, Section XI(C.1)(3)(i) and that it has met all the Findings of Fact necessary for this approval. Seconded by Commissioner Troiani, on roll call the vote was: AYES:7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos stated 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. DISCUSSIONS Page 3 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 Chairman Kanelos then stated the next portion of the meeting would be for the Building Code Appeals and an update on the process to update the Village's zoning and subdivision ordinances. In addition to the Zoning Board of Appeals and Plan Commission there is a Zoning Committee. It meets every couple of months. Mr. Ostman read the names of those currently serving on the Zoning Committee: a Trustee [currently Denise McCreary], Director of Community Development; Assistant Director of Community Development; Assistant Village Manager; Chairman of the Planning and Zoning Board of Appeals; the Village Attorney and an appointed resident or business owner. Chairman Kanelos said in addition to other things, what this Committee does is help residents, businesses, all citizens in the Village, who have a code issue. Typically Code Enforcement is not our area but someone may want to appeal a decision made by the Community Development Department. Before they had no place to go. Most towns don't have anything like this. Mr. Ostman said some towns do not have this but some have separate committees set up just for this. Chairman Kanelos went on that a resident or business owner can appeal a code issue to the Zoning and Building Committee which is made up of the aforementioned people. It has happened twice in the past six months. Coincidentally both issues were related to screening of rooftop units on commercial properties. In the interim it has come up in discussion from one or two of the Commissioners that it might be better serving the community if there was an independent board that could hear these types of appeals. He will now start with comments from the Commissioners that Mr. Ostman might be interested in hearing. Commissioner Dubiel said he is a big proponent of this change. Mr. Ostman said there is language in the code. It was opted for many years not to insert certain language of who would have jurisdiction handling certain appeals. So it was never implemented for years. Six months ago it was decided, since he makes all the final decisions on codes except for state codes, there be an avenue for the homeowner, the contractor or the business owner to have an appeal process if they don't like his interpretation of the code. He feels he does a pretty good job because he looks at all the specific language and carries all commentary books on all codes so he can read the reasoning as to why that particular code is in there. Sometimes the code is very clear; sometimes it is a grey area. Ultimately he makes all the final decisions as Director of Community Page 4 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 Development. He thinks in adopting that language it is appropriates for someone to have an avenue to appeal the decision he makes, just like the Zoning Code. Commissioner Dubiel agrees. At least the public will be able to have a hearing at some point to voice their concerns. But his big concern is he wants this Appeal Board to hear these things objectively. They need a fresh set of eyes. He said Mr. Ostman is not only overseeing the code but is also judging it. It can create what he feels is a conflict of interest. He brought up a case [that was a Zoning issue] where there was an awning problem. Chairman Kanelos said it was an awning that was built 6" over the front lot line and there was no way to have anyone else have discretion with making the call. It forced the resident to come before this Board with all the related efforts. Commissioner Dubiel said if I'm an inspector and want to keep my job, my best course of action is to enforce the code as written, strictly, and I'm safe but leave it up to that person to handle it themselves. He thinks there is an issue with the majority of the people on this [Zoning and Building] Committee being Village staff. Two of the four votes necessary to say no or yes are in the Building Department. And also, is there enough publicity so people know there is an option if they are having a problem with the code. Ms. Ostman said he tends to agree with him. He did some research of other villages. The ideal way of hearing appeals is to set up a 5 or 7 member committee called either the Building Code Board of Appeals or, as in Northbrook, the Architectural Control Board. He understands his point is he [Chuck] is a member of the Building and Zoning Committee but it is his ruling that he is voting on, yes it is a little unfair. He thinks it is appropriate to take the concerns back to the Building and Zoning Committee and see if they can somehow correct that. He still strongly believes it doesn't belong in front of this Commission just because this Commission has the responsibility in dealing with language issues and not so much building code issues. In this particular case we heard the appeal and it wasn't so much interpretation but they were asking for relief. The code was very clear and they were asking for relief from screening for new mechanical equipment. At that point he didn't think it was inappropriate for him to vote on it. But when it comes down to voting on his decision they might think it is appropriate. But he thinks it should go back to the Building and Zoning Committee and have some good, strong discussion on that. Commissioner Dubiel said people don't trust government. They want to make this transparent and as seamless as possible. They get Staff recommendations and sometimes they vote against those. But if Staff recommendations [garbled…..] and there are two of the seven votes can be like….. perhaps the Page 5 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 composition might be something to look at to try to make it as objective as possible so people feel like "hey Chuck & Rich said this" - kind of how the appeals process works. Mr. Ostman said for every code that is out there, there is always a consultant they deal with. It is not just Staff making decisions. There are fire safety consultants, building consultants, mechanical consultants, accessibility, Capital Development Board within the city of Chicago, state of Illinois regarding plumbing issues. They recently reached out to an electrical firm because there is no one else out there so this firm assists in the interpretation. Commissioner Dubiel wanted to clarify that he doesn't feel there is something wrong. But you want the process to be as objective as possible. They want people to feel comfortable in knowing the two guys that said no originally aren't necessarily……. Sometimes the experts aren't 100% correct and there is another way to look at something. Mr. Ostman said if someone asks for an appeal or an interpretation of the code, in many cases the code is very clear. If you go to the Building and Zoning Committee for an interpretation, he would bring in a consultant. He gave an example but it was inaudible. In some cases people think there is an appeal process to an interpretation but really the code is very clear. Commissioner Schulter said if someone has an inspector come in and that its based on the code and has to be resolved, who is going to inform the residents or the business owners. Mr. Ostman said the inspectors do. If the people don't agree with the interpretation, he hears about it and so does Rich [Wlodarski]. But the inspectors notify the people there is an appeal process. Commissioner Schulter asked what about multiple residents who appeal on the same thing. Is there a possibility the Village will change that code? Mr. Ostman said absolutely. They look at all the codes annually to see what problems arise. Commissioner Schulter asked if during the last six months are there more residential appeals or business appeals. Mr. Ostman said the only two they heard were businesses about the screening on the roof around mechanical equipment. The contractor has to beef up the roof Page 6 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 structure to the handle the extra weight. They will be revisiting that and it would now apply to new construction where they can build into the roof structure the support needed to handle the screening. An example is the new swim school at Four Flags putting new equipment on the roof. But the roof itself is not structurally sound enough to attach screening to it. They would have to beef up the roof. Even though the applicant says they are redoing the roof, it doesn’t mean they are structurally redoing the roof. It is a hardship on the business owners and the property owners. They have to be conscious of every roof top unit that is replaced so it isn't heavier than the one they are taking down. Chairman Kanelos said in both those cases, the Committee granted the relief unanimously. He feels at this point they let Chuck take their concerns back to the Committee. Perhaps they can work on an alternative that protects everyone involved. There should be a transparent and unbiased path on an appeal and yet doesn't create a load for committees that might not be prepared for that. They can review it in six months and see how it goes. He has a final question. How did people find out there was a possibility to appeal the Foss Swim School issue? Mr. Ostman said they have no qualms in letting the applicants know there is an appeal process. Commissioner Dubiel said maybe that should be done from the beginning as part of the permanent process. Mr. Ostman said on the website they list all the applicable codes and they will put language at the bottom letting people know that any appeals will be heard by the Building and Zoning Committee. This way they know there is an appeals process. Commissioner Nakanishi said you have to remember the codes are not suggestions; they are minimum requirements. Mr. Ostman said the biggest complaint is regarding stairs. That is a life safety issue not subject to change. Commissioner Dubiel said the more objective things are the easier the process is for everybody. He gave an example of when he remodeled his own home. Chairman Kanelos said he believes Mr. Ostman has some good information to take back. The last item will be on the process to update the Village's zoning code. Keep in mind we'd like to see that at another time. Page 7 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 Mr. Ostman said they will see it. The next meeting they are having is the open house on June 11, 2015 held in the council chambers. It is mostly in the afternoon and evening until 8 p.m. It will come back to this Commission for a workshop one last time - maybe, maybe not. If everything looks like it is in order, there will be a formal meeting for a public hearing vote. Commissioner Dubiel asked if there is some way to bring the two new Commissioners up to speed on this. Mr. Ostman said they could contact him and come in together or separately and he will go over all this. If they spend an hour, they can go over everything. The next meeting will be a workshop and Bruce Sylvester will have a slide show with things that the Commissioners need to be fully aware of before it is adopted. An example is they are reducing the parking requirements so it may spill over to residential streets. It is in line with other communities. There is a lot to absorb. They have a target date of August to get it in front of the Board. They have a moratorium on medical marijuana distribution and cultivation and another one on gun sales in the manufacturing district - this is extended through October 27, 2015. They may miss the August meeting but it is another two months before he has to go back to the Board. Commissioner Schulter asked if the gun range case is going to come back to this Board since it exceeded its time frame. Mr. Ostman said it is being reviewed by the Village Attorney right now. Joseph Annunzio, Village Attorney, said he does not know if this case is coming back to the Board. He is reviewing it. Chairman Kanelos said they are not afraid to do what needs to be done according to the law. The Board has listened to a minimum of eight hours with multiple meetings and public comment. If they have to do it again, clearly they will. But he would hate to find out after all that work that a lawsuit can drag it out. Then those people who went through all that expense are now sort of stuck. Mr. Annunzio said that is exactly what he is researching. Chairman Kanelos said it is controversial on that one issue; not all issues are controversial. Commissioner Dubiel said it could give veto to someone who drags it out. Page 8 of 9  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 1, 2015 Chairman Kanelos stated - and it is someone who isn't necessarily a resident of the Village. There being nothing else, he entertained a motion to adjourn. Commissioner Dubiel moved to adjourn . Seconded by Commissioner Schulter, on roll call the vote was: AYES:7 Dubiel, Karabatsos, DeBartolo, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:38 p.m. Kathleen Janessa, Recording Secretary Page 9 of 9