Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 6, 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 June 1, 2015. There were none. Commissioner Dubiel moved to approve the minutes of June 1, 2015. Seconded by Commissioner DeBartolo, 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. NEW BUSINESS 15-ZP-23 Requesting approval of a Special Use Permit as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(tt) to allow an additional drive-through lane, menu and order- board signage, and service window at the McDonald's restaurant located at 8460 Dempster Street. 15-ZP-24 Requesting approval of a variation of 6 feet 2 inches as provided in Zoning Ordinance Appendix B, Section VII(C)(9)(a) to allow an existing carport at 8655 Oriole Avenue to be expanded so it is within 3 feet 10 inches of the north property line where 10 feet is required. DISCUSSIONS Update on the process to update the Village's zoning and subdivision ordinances. Chairman Kanelos called for the first item on the agenda tonight. 15-ZP-23 Requesting approval of a Special Use Permit as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(tt) to allow an additional drive-through lane, menu and order- Page 1 of 6  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 6, 2015 board signage, and service window at the McDonald's restaurant located at 8460 Dempster Street. Charles Ostman, Director of Community Development, presented this case. The parcel at 8460 Dempster Street is zoned B-1, is in a business district and is currently occupied by an existing McDonald's restaurant with one drive-through lane. McDonald's is proposing to modify this by adding a second drive-through lane adding menu and order-board signage, and an additional service window. These modifications require a Special Use permit as provided in the Zoning Ordinance Section VIII(B)(3)(tt). Staff is recommending approval of the Special Use permit. Even though they will be taking parking away for the second drive- through, they still exceed the parking requirements for the Village so that is not an issue. There are no issues with any of the other departments. Commissioner Dubiel asked if it's Staff's opinion that the double lanes will improve the traffic flow at this site. Doesn't this get the traffic off Dempster faster? Mr. Ostman said in his opinion the traffic flow on Dempster will be the same. Two lanes gets the traffic through the drive-through lane quicker. That's the whole purpose of it. The applicant is here this evening. Commissioner DeBartolo asked if this has any impact on the quick oil change business next door. Mr. Ostman stated it has no effect on the adjacent property. Chairman Kanelos asked if there were any more questions for Staff. There were none. He called the petitioner to the podium. Kenneth Sack, Watermark Engineering, 2631 Ginger Woods Pkwy., Suite 100, Aurora, IL 60502, came to the podium and was sworn in. He is the civil engineer for this project. He had nothing to add. He worked with Mr. Sylvester during this process. Questions or issues that arose with any of the Village's departments have been taken care. Chairman Kanelos asked if there were any questions from the Commissioners for the petitioner. There were none. There were no questions from the public for either the Commissioners or Staff. At this time he entertained a motion. Page 2 of 6  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 6, 2015 Commissioner Troiani moved to approve 15-ZP-23 requesting approval of a Special Use Permit as provided in Zoning Ordinance Appendix B, Section VIII(B)(3)(tt) to allow an additional drive-through lane, menu and order-board signage, and service window at the McDonald's restaurant located at 8460 Dempster Street. Seconded by Commissioner Dubiel with an addition. He wanted to add this is for a drive-up window as well. On roll call the vote was: AYES:7 Troiani, Nakanishi, Schulter, Kanelos, Dubiel, Karabatsos, DeBartolo 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. Chairman Kanelos called for the next item on the agenda. 15-ZP-24 Requesting approval of a variation of 6 feet 2 inches as provided in Zoning Ordinance Appendix B, Section VII(C)(9)(a) to allow an existing carport at 8655 Oriole Avenue to be expanded so it is within 3 feet 10 inches of the north property line where 10 feet is required . Mr. Ostman presented this case. The owners are here this evening. This home has an existing carport with a detached garage in the rear. They wish to expand the width of the carport to the north to better accommodate vehicles. This property is zoned R-2 and in the R-2 zoning district side yards of 10 ft. must be provided when there is a detached garage. The current carport is 7 ft. 6 in. away from the north property line and the owners wish to expand it by 3 ft. 8 in. so it will become 3 ft. 10 in. from the north property line - a variation of 6 ft. 2 in. from the required setback of 10 ft. Staff recommends approval for this request. Chairman Kanelos said he drove by the location today. On that block and in the immediate area there are similar situations; some of which appear already have a wider carport. This is something that was typically allowed in the past, correct? Page 3 of 6  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 6, 2015 Mr. Ostman said in that area there are a lot of carports and also on the west side of the Village. Commissioner Dubiel wanted to point out if the Findings of Fact are being met. [There is so much static from the Commissioner's microphone it is difficult to understand what is being said.] Chairman Kanelos said this doesn't become a code or ordinance. Anyone wishing to do this will still have to come before this Board. Commissioner Dubiel said once the Board approves this one it will be much more difficult to deny any future requests. He pointed out the item about a reasonable return on the property. He read through the other Findings of Fact and asked Mr. Ostman if he had any comments. Mr. Ostman stated because of the stair snap [sp?] it is a hardship for the petitioners to get the vehicle through the carport to the attached garage. Item 2 - that the conditions upon which this petition is based would not be applicable to other properties within the same zoning district. It depends on the situation on each individual property - if there is a hardship. Chairman Kanelos asked if there were any more questions from the Commissioners for Staff. There were none. He asked Mr. Ostman if he recalled when some of the other houses with the larger carports were done. Some actually have brick and mortar where that side of the carport is pretty solid. Have those been around for quite some time? Mr. Ostman said yes. The last one he can remember was on Greenwood. It was a similar situation and the variation was granted. Chairman Kanelos called for the petitioners. Attorney Paul Kolpak, 6767 N. Milwaukee Avenue., Niles, stepped to the podium. He is representing the petitioners. The petitioners also came forward and were sworn in. They are Anita and Hans Callies, 8655 N. Oriole, Niles. Mr. Kolpak asked why they need the carport widened. Mrs. Callies said it is difficult to get back to the garage. Three times they have hit the post. Mr. Callies said they have 3 in. on each side. He has hit the post a couple of times. Page 4 of 6  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 6, 2015 Mr. Kolpak said before you applied for the variation, you went and talked to the neighbors to the north, Mr. & Mrs. Strzelecki. And what did they say? Mrs. Callies said the neighbors have nothing against this. Commissioner Dubiel said he spoke to Mr. Strzelecki and got the same answer - he is ok with this request. This is perhaps a safety measure for the Callies. Chairman Kanelos said the sketch the Commissioners were given has only two 6 x 6 posts and quite a large span. Will Mr. Ostman's department look at that? Mr. Ostman said yes. Chairman Kanelos asked if there were any questions for the petitioners from the public. There were none. He entertained a motion. Commissioner Dubiel moved to recommend the Board approve 15-ZP-24 requesting a variation of 6 feet 2 inches as provided in Zoning Ordinance Appendix B, Section VII(C)(9)(a) to allow an existing carport at 8655 Oriole Avenue. It has met the required Findings of Fact. Chairman Kanelos said he wanted to clarify that all the proper notifications have been sent to the surrounding properties. Mr. Kolpak said this does not have to go in front of the Board of Trustees. Mr. Ostman said this Commission is able to give away the entire side yard without going to the Village Board. It is the front and rear yards that you are limited to 50%. Commissioner Dubiel asked to please strike "recommend the Village Board" and change it to "the Zoning Board approves" Seconded by Commissioner DeBartolo, 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 Troiani asked when is the next meeting. He shows four different dates. Chairman Kanelos said August 10th is a meeting regarding the new Zoning Code. The next regular meeting is August 3rd. He asked Mr. Ostman if there were any cases for August 3rd. Page 5 of 6  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS July 6, 2015 Mr. Ostman said yes, there are two cases so far. Commissioner Dubiel said there was a new item in the packet regarding Fire Inspection report. He feels it is more code than zoning. Mr. Ostman said he will talk to Mr. Sylvester about that. It shouldn't be in there. What remains is Police, Fire and Public Services which includes Engineering. Chairman Kanelos 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 7:22 p.m. Kathleen Janessa, Recording Secretary Page 6 of 6