North Cook News

The city of Evanston Zoning Board of Appeals met Jan. 10 to discuss the sustainability plan.

Here are the meeting's minutes, as provided by the board:

"Hear and decide major variations from provisions of the Zoning Ordinance. Hear and make recommendations to the Planning & Development Committee and City Council on applications for certain major variations and all special use permits. Hear and decide appeals"

MEETING MINUTES

ZONING BOARD OF APPEALS

Tuesday, January 10, 2017

7:00 PM

Civic Center, 2100 Ridge Avenue, Council Chambers

Members Present: Myrna Arevalo, Mary McAuley, Kiril Mirintchev, Scott Gingold,

Violetta Cullen

Members Absent: Mary Beth Berns, Lisa Dzieken

Staff Present: Melissa Klotz, Scott Mangum

Presiding Member: Violetta Cullen

Declaration of Quorum

With a quorum present, Vice Chair Cullen called the meeting to order at 7:00pm.

Approval of Minutes

The minutes from the December 6, 2016 Zoning Board of Appeals meeting were

motioned for approval by Ms. McAuley and seconded by Ms. Arevalo. The minutes were

approved 4-0-1.

New Business

1126 Harvard Terrace ZBA 16ZMJV-0104

John Cook, contractor, applies for major zoning relief to demolish an existing covered

porch and construct a one-story addition to a single family residence in the R2 Single

Family Residential District. The applicant proposes to construct a one story addition with

a 4.3’ street side yard setback where 15’ is required (Zoning Code Section 6-8-3-7-A-2).

The Zoning Board of Appeals is the determining body for this case.

Ms. Klotz read the case into the record.

John Cook, architect, noted:

 Addition will be built in same location as porch.

 The family needs more livable space

 Family has lived there for 15 years and plans to stay there.

 The house was built in the 1920s.

The ZBA entered deliberation.

Ms. Arevalo said that it is a good project. Mr. Mirintchev and Ms. Cullen agreed.

The standards were addressed:

1. Yes

2. Yes

3. Yes

4. Yes

5. Yes

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Zoning Board of Appeals

6. Yes

7. Yes

Mr. Mirintchev moved to approve the variation, seconded by Ms. Arevalo. The ZBA

voted unanimously 5-0 to approve with the following condition:

1. Substantial compliance with the documents and testimony on record.

1806 – 1806 ½ Church Street ZBA 16ZMJV-0113

Laurie Ann Jacobs, lessee, applies for a special use permit for a Commercial Indoor

Recreation facility, Staley Martial Arts, at 1806-1806 ½ Church Street. 1806-1806 ½

Church Street is located in the B2 Business District and the oWE West Evanston

Overlay District, where a special use permit is required for a Commercial Indoor

Recreation facility to operate (Zoning Code Section 6-9-3-3). The Zoning Board of

Appeals makes a recommendation to City Council, the determining body for this case.

Ms. Klotz read the case into the record.

Laurie Ann Jacobs, applicant, noted:

 The business will feature non-violent jiu-jitsu, with no striking.

 Kids and adults can participate.

 Will specialize in special needs clients, such as clients with autism.

 There is an initial one-year lease, with an option to renew.

 Hours will be 7:30am to 8:00pm on weekdays, with six classes daily (initially).

Saturday will have 9:00am first class, and Sunday will feature private classes

only.

 Two parking spaces are onsite. Instructor will bike to work.

 Instructor has more than 30 years of experience in special needs clientele and

black belt experience.

 Applicant will teach cultural classes on the weekends.

 There are a maximum of seven students per class.

 The business will provide scholarships for lower income students.

 Courtesy coffee will be available.

 Clients may be able to park in other lots rather than street.

 There are eleven color belts available in this martial arts tradition.

Ms. Klotz noted that Ms. McAuley would recuse herself from this case, and Ms.

McAuley explained she is the leasing agent at the property. Ms. McAuley recused

herself from the proceedings. Mr. Mirintchev noted he was architect for the building

rehabilitation, but that is completed so he will vote.

The applicant explained:

 There will be no amplified sound.

 This is the only black-belt instructor in the north shore area.

Ms. Cullen explained she is glad there will not be classes on Sundays because there

are lots of churches in the area that use the street parking.

Ms. Arevalo asked whether the two room setup means there will be two classes at

once. The applicant answered that rooms are interconnected, so the instructor will travel

back and forth.

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Zoning Board of Appeals

The applicant noted a bike rack will be installed if there is space available, and the only

exterior change will be a separate signage application.

The ZBA entered deliberation.

The standards were addressed:

1. Yes

2. Yes

3. Yes

4. Yes

5. Yes

6. Yes

7. Yes

8. Yes

9. Yes

Mr. Gingold said that this is a great location with so many kids nearby. Mr. Mirintchev

and Ms. Cullen agreed.

Mr. Gingold moved to recommend approval with conditions, seconded by Ms. Arevalo.

The ZBA voted unanimously 4-0-1 to recommend approval with the following conditions:

1. Hours of operation between 6am and 9pm daily.

2. No employee parking on the street.

3. Sustainability Plan must be followed.

4. Substantial compliance with the documents and testimony on the record.

1725 Sherman Avenue ZBA 16ZMJV-0110

Michael Sannuti, construction manager, applies for a special use permit for a Type 2

Restaurant, Insomnia Cookies, at 1725 Sherman Avenue. 1725 Sherman Avenue is

located in the D2 Downtown Retail Core & D3 Downtown Core Development

Ms. Klotz read into the record.

David Lasus, Chief Operating Officer of Insomnia Cookies, stated:

 The business is a late night sweet option.

 There are currently four stores in Chicago.

 Insomnia Cookies operates in college campus and urban areas.

 The previous business at this address was an eye glass business.

 Hours of operation will be 9am to 3am on Monday through Friday, 11am to 3am

on Saturday and Sunday.

 Delivery will begin at 10am on Monday through Friday and noon on Saturday and

Sunday.

 All locations of the business close at 3am, except for four locations that close

later.

 Papa John’s closes at 2am or 3am, and Burger King is open 24 hours.

 3am closing is the brand of the business, so Insomnia Cookies will not open the

location without 3am closing.

Mr. Gingold stated that the applicant chose a location where most restaurants close at

midnight. Ms. McAuley stated that Dan’s Cookies on Foster Avenue used to cater late

when they were open.

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Zoning Board of Appeals

 Insomnia Cookies has never closed a location.

 The re-review of special use permit after one year is problematic because of

leasing issues and the build-out cost.

 Video surveillance is provided that is monitored live, off-site, for safety.

 The retail cutoff is 3am, with a 2:45 cutoff for delivery.

 The location will feature no seating, no wireless Internet, and will not be a place

to hang out.

 There is a shared restroom.

 There will be two parking spaces for employees in the Orrington Hotel parking

garage.

 Most employees take public transit.

 Most deliveries will be by bike, even in winter.

 Staff will not use street parking.

 The business will recycle cardboard, and will not use Styrofoam or plastic.

 The only major appliance is a convection oven to bake pre-prepared cookies

onsite. There is no hood.

 Will pick up trash outside around store as required by the Sustainability Plan.

 Milk and ice cream will be delivered to the store twice a week, with other

deliveries once a week at the most.

 Deliveries will occur at Orrington Hotel loading dock or alley.

Ms. Cullen stated that Sherman Avenue has no parking after 2am. The representative

noted that most customers walk.

Mr. Mirintchev asked what the percentage of sales occur after midnight, and the

applicant responded 20 to 30 percent of sales occur after midnight. The applicant added

that they do not think sales will drop much when Northwestern students are gone

because of the hospital and other residents.

Ms. McAuley stated the proposed late night hours would not set a precedent because

the Zoning Board judges each special use applicant on its own merits and no two

businesses are the same. The hours proposed are specific to the business model. Ms.

McAuley would hate to turn away a viable business with a proven track record and

security record.

 The applicant stated that the build out is $200,000, so they cannot risk the

special use permit being reevaluated after one year as suggested in the staff

memo.

Ms. McAuley said that there are other means of dealing with issues should they arise,

such as through the health department, police, or other relevant departments. For

example, The Keg operated inappropriately and therefore lost their liquor license and

closed.

Mr. Mirintchev asked about security incidents at other locations. The applicant said

there has only been one incident - a robbery occurred at a New York City location, so

the business instituted a third party security team and have not had an issue since.

The ZBA entered into deliberation:

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 Ms. Arevalo asked whether 24 hour operation at Burger King establishes a

precedent. Mr. Gingold said it would set a precedent on that block and in that

business district. Others will want those late night hours. It becomes a slippery

slope.

 Mr. Gingold does not support a business that wants to be open past midnight on

Sherman Avenue. It does not fit that neighborhood.

 Ms. McAuley said this is the purpose of a special use. There are other less

desirable businesses open this late. This is not a precedent. It’s a unique

business model that needs late hours for success. They have a proven track

record. Are there other restaurants elsewhere in the City open late?

 Ms. Klotz noted that Sarpino’s and Papa Romeo’s are open late.

 Mr. Gingold said that it is about this specific area. This business is not a good fit

for this street.

 Ms. Cullen said that other businesses that are open late have made concessions

to gain later hours, such as security concessions or delivery only operation but

this business is not willing to make concessions.

 Mr. Gingold stated that he supports the business, but cannot support it with 3am

hours.

 Mr. Mirintchev said that this specific business at this location is okay for 3am

hours.

 Ms. Arevalo said that she is okay with the business. Precedent is not an issue.

Every case has its own merits.

The standards were addressed:

1. Yes

2. Yes, depending on hours.

3. Yes, depending on hours. Past midnight Ms. Cullen and Mr. Gingold voted “no.”

4. Yes, depending on hours.

5. Yes

6. Yes

7. Not applicable

8. Not applicable

9. Yes, depending on hours.

Mr. Gingold moved to recommend approval with conditions, seconded by Ms. Arevalo.

The ZBA voted unanimously to recommend approval with the following conditions:

1. No employee parking on the street.

2. Appropriate closing hours to be determined by City Council.

3. Litter collection and garbage pickup plan required.

4. Substantial compliance with the documents and testimony on record.

Other Business

There was no additional business.

Discussion

There was no additional discussion.

The meeting adjourned at 8:40pm.