Village of Niles Planning and Zoning Board met Dec. 2.
Here is the minutes provided by the board:
CALL TO ORDER/ROLL CALL
The Niles Planning and Zoning Board was called to order at 7:00 P.M. All rose for the Pledge of Allegiance.
PRESENT: 6 Chairman Thomas Kanelos, Commissioners
Ted Karabatsos, Susan DeBartolo, Robert Schulter, Terrence McConville and Morgan Dubiel
Also present was Director of Community Development Charles Ostman, Planning Technician Nathan Bruemmer and Village Attorney Danielle Grcic. Commissioner Barbara Nakanishi was absent.
APPROVAL OF MINUTES
Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of November 4, 2019. There were none. He entertained a motion.
Commissioner Dubiel moved to approve the minutes of November 4, 2019.
Seconded by Commissioner McConville, on roll call the vote was:
AYES: 5 Dubiel, Karabatsos, Schulter, McConville, Kanelos
NAYS: 0
PASS: 1 DeBartolo
ABSENT: 1 Nakanishi
There being five (5) affirmative votes the motion carried.
PUBLIC COMMENT
The public is allowed to ask questions or comment after the Board has heard the petitioners’ testimony following each case.
OLD BUSINESS
19-ZP-25, 7715 Neva Ave
Nathan Bruemmer, Planning Technician from the Community Development Department presented this case. This item was tabled from the November 4, 2019 meeting. No further legal notifications were necessary within the Village. He explained the issue as shown on the overhead. The petitioner is requesting approval of a variation from Niles Zoning Ordinance Section 9.4 to construct a porch that encroaches 8.6’ into the corner side yard where an encroachment of 3.2’ is permitted, and a second porch that encroaches 4.7’ into the corner side yard where an encroachment of 3.2’ is permitted. There was confusion about the numbers last month so he made a couple of diagrams to clarify the numbers. The property is a single-family home zoned R-2 on a corner lot. The required corner side yard for this lot is 15.83’. Additionally, Section 9.4 of the Zoning Code states there is a permitted encroachment of up to 3.2’ for a corner side yard. The western porch will encroach 7.96’ into the required setback while the eastern porch will encroach 4.23’ into the required setback. He is showing all the lines and plans on the overhead. He made 2 diagrams that are enclosed in the Commissioners packets to further explain the measurements. He went through these in his explanation for both the western and eastern porches.
Commissioner Dubiel said there has to be a stoop there and Mr. Gillespie is going out one step further, or one foot.
Chairman Kanelos said there is an existing porch under there. The line of the new porch is only about a foot further than the existing one. There were no further questions so the petitioner was called to the microphone.
Daniel Gillespie, 7715 Neva, Niles, came forward and was sworn in.
Chairman Kanelos said he understands from the last meeting that this request is because of Mr. Gillespie’s wife’s medical condition. This allows a place for a future ramp as well as giving her some ability to enjoy being outside and not struggling with all the stairs. Is that a fair assessment of the hardship caused?
Mr. Gillespie said yes.
Chairman Kanelos asked if there were any other questions for the petitioner from the Commissioners. There were none. There were no questions from the public. He entertained a motion.
Commissioner Dubiel moved to approve case 19-ZP-25, a request for a variation from Niles Zoning Ordinance Section 9.4 to construct a porch that encroaches 7.96’ into the corner side yard where an encroachment of 3.2’ is permitted, and a second porch that encroaches 4.3’ into the corner side yard where an encroachment of 3.2’ is permitted. Given the facts heard from tonight’s testimony as well as last month’s testimony and the packet we have received, it meets the requirements for variations under Zoning Ordinance Appendix B, Section 15.4 (D) and provides the procedures for request of this variation is as follows: (1) the strict application of the terms of this Ordinance will result in undo hardship, as distinguished from a mere inconvenience; (2) the variation, if granted, will not alter the essential character of the locality; (3) the plight of the owner is due to unique circumstances inherent to the subject property.
Seconded by Commissioner Schulter, on roll call the vote was:
AYES 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos
NAYS: 0
ABSENT: 1 Nakanishi
There being six (6) affirmative votes the motion carried.
NEW BUSINESS
19-ZP-27, 281 Golf Mill Center
A request for a Special Use Permit to allow an “Amusement Facility- Indoor’ (Screen Golf Masters) at the above address, as allowed by Section 8.2(A) of the Zoning Ordinance.
Charles Ostman, Director of Community Development, presented this case. A legal notice was published in The Bugle on November 14, 2019. Notices were mailed to properties within 250’ on November 13, 2019. There is a sign on-site and a posted notice in the Village Hall and on the Village website. The proposed business is an indoor golf range where patrons can use golf simulators to play rounds of golf or take golf lessons. The business will also provide sales of golf simulators. The proposed business will be a 3,669 sq. ft space at 281 Golf Mill Center. There will be 4 range areas with a capacity of up to 5 players each, as well as a black screen used for golf lessons. The parent company for Screen Golf Masters is based in South Korea and this will be their first location in the United States.
Chairman Kanelos asked if there were any questions for Staff. There were none. He called for the petitioner to come to the podium.
Johann Lee, manager of this location, 281 Golf Mill Center, Niles, came forward and was sworn in. He had nothing else to add to this case.
There were no questions from the Commissioners for the petitioner. There were no questions from the public.
Chairman Kanelos entertained a motion.
Commissioner Dubiel moved to approve case 19-ZP-27, 281 Golf Mill Center, a request for a Special Use Permit to allow an “Amusement Facility-Indoor’ (Screen Golf Masters) at the above address, as allowed by Section 8.2(A) of the Zoning Ordinance. The requirements for a Special Use permit have been met according to Section 15.3(E) of the Niles Zoning Code.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos
NAYS: 0
ABSENT: 1 Nakanishi
There being six (6) 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 recommendation. 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 and anyone in the audience who would like to be informed of the Board of Trustees date should leave their name and address with the recording secretary.
19-ZP-28, 7656 Oketo Avenue
A request for approval of a Variation from Section 4.3(A) of the Zoning Ordinance to allow a front yard setback (east) of 18.82’ where 25’ is required, and a corner side yard setback (north) of 5.05’ where 12.83’ is required, for a second story addition on a single-family home.
Charles Ostman presented case 19-ZP-28. Notice was published in The Bugle newspaper on November 14, 2019. Legal notices were mailed to property owners within 250’. There is also a notice posted at the Village Hall and on the Village website. The applicant is proposing a second story addition to her home at 7656 Oketo. The property is zoned R-2 (35A). The house has an existing front yard setback of 18.82’ and a corner side yard setback of 5.05’. The proposed second story addition will maintain all of the existing setbacks. He said they will be reviewing these types of requests where the petitioners are going straight up with a second story addition and not changing any of the existing setbacks.
Chairman Kanelos said some of the Commissioners have expressed concern that these requests are simple in that the homeowner is going straight up. Is it really necessary they come before the Board?
Mr. Ostman said there have been some cases where the encroachment is a concern of neighbors. It may not be straight forward where it applies to everyone, but he thinks this can be handled.
Chairman Kanelos said there was a case a while back where the petitioner wanted to go straight up but it was such a narrow area, the Board requested they not do that.
Commissioner Dubiel asked if the rest of the Commissioners on this Board feel the same way.
Chairman Kanelos said yes, they are all in agreement they could make the process a bit easier, if it is as straight forward as this, for the petitioners.
Commissioner McConville asked if perhaps this could be grandfathered in.
Chairman Kanelos answered possibly a category of administrative handling. The neighbors would still have to be notified but the petitioners wouldn’t have to come before this Board. In the meantime, let us hear from the petitioner.
Lori Evans, 7656 N. Oketo, Niles, came to the podium and was sworn in. She did not have anything to add to Mr. Ostman’s presentation.
Chairman Kanelos said the Board has heard from Staff and seen the plans in their packets. He reiterated Ms. Evans will make the one change in masonry because she must have 50% masonry. He asked if there were any questions from the Commissioners. There were none. There were no questions from the public. He entertained a motion.
Commissioner Dubiel moved to approve item 19-ZP-28, a request for approval of a Variation from Section 4.3(A) of the Zoning Ordinance to allow a front yard setback (east) of 18.82’ where 25’ is required, and a corner side yard setback (north) of 5.05’ where 12.83’ is required, for a second story addition on a single-family home at 7656 Oketo Avenue. The plans are in the packet and the petitioner has satisfied the Village’s Zoning Ordinance standards in Subsection (E).
Seconded by Commissioner Karabatsos, on roll call the vote was:
AYES 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos
NAYS: 0
ABSENT: 1 Nakanishi
There being six (6) affirmative votes the motion carried
19-ZP-29, 7301 Caldwell
A request for approval of a Variation from Section 18-171 of the Village Ordinance (as allowed by Section 18-172) to allow a fence that extends beyond the front building line and is within 30’ of a street intersection.
Charles Ostman presented. Bethany Church is proposing to erect a fence at 7301 Caldwell Ave. The Village Ordinance Section 18-171 prohibits fences that extend beyond the front building line of a property as well as fences within 30’ of a street intersection. Section 18-172 states properties located within the P-I and M zoning districts can request a variation from the fence requirements from this Zoning Board. The majority of the church property is zoned P-I which is public institutional. The southern rectangular parcel across Gross Point Rd. is zoned M [manufacturing]. The church’s property is considered a through lot. It is defined in the Zoning Code as a lot that has frontage on 2 non-intersecting streets, meaning 2 front lot lines. The majority of the fence along Natchez St. is behind the front building line of the church. The fence is also within 30’ of the intersection of Natchez and Gross Point Rd. The majority of the new fence will be replacing the existing chain link fence. The new fence will be 4’ tall and will meet the Village requirements for transparency. All information is included in the packets.
Commissioner Dubiel asked Mr. Ostman the reasoning of concern for health, safety and welfare regarding fences that extend beyond the front line of a building.
Mr. Ostman replied that was way before his time. He does not have an answer. An example is the decorative open streetscape fencing along Milwaukee Ave. That is permitted by this ordinance.
Chairman Kanelos said the Engineering Dept. had some concerns about site lines but the police did not seem to have any concern.
Mr. Ostman said he understood it was the Building Dept. that had concerns. We would make sure the site lines are adhered to. There is a section in the fence code that addresses site lines. If it is 75% see-through it will pass.
Chairman Kanelos said perhaps we can say to go easy on the landscaping at the corner because of the site lines. There were no other questions. He called for the petitioner to come to the podium.
John Larionesi, the petitioner from Bethany Church, 7301 N. Caldwell, Niles, came forward and was sworn in. He had nothing else to add.
Chairman Kanelos said he sees in the information packet there will be some landscaping done to beautify the fence area. He assumes they will leave that corner open so when people are trying to pull out onto the street, their site will not be blocked.
Mr. Larionesi said that would not be a problem.
Chairman Kanelos asked if there were more questions for Staff. There were none. There were no questions from the public. He entertained a motion.
Commissioner Dubiel moved to approve case 19-ZP-29, a request for approval of a Variation from Section 18-171 of the Village Ordinance (as allowed by Section 18-172) to allow a fence that extends beyond the front building line and is within 30’ of a street intersection. The requirements and findings of fact in Zoning Ordinance Appendix B, Section 15.4D as well as Subsection (E) have been met. We are adding the following condition. There can be no obstructed site lines because of safety and a lock box will be provided for the fire department as required by Village Code.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos
NAYS: 0
ABSENT: 1 Nakanishi
There being six (6) affirmative votes the motion carried.
DISCUSSIONS
Mr. Ostman said information is still coming in regarding an update of the Comp Plan. This Board will be notified when all data is received.
ADJOURNMENT
Chairman Kanelos entertained a motion to adjourn.
Commissioner Dubiel moved to adjourn.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, Karabatsos, DeBartolo, Schulter, McConville, Kanelos
NAYS: 0
ABSENT: 1 Nakanishi
There being six (6) affirmative votes the motion carried.
The meeting adjourned at 7:29 p.m.
https://www.vniles.com/AgendaCenter/ViewFile/Minutes/_12022019-1843
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