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2000-07-19 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION July 19,2000 Frumkin residence, 15 Chestnut Terrace,Child Day Care Home in the R-4 District Chairman Ottenheimer called the hearing to order at 7:30 p. m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Trilling Mr. Feldgreber Mr. Johnson Mr. Panitch Mr. Smith Commissioners absent: Ms. Dunn Also present: Ms. Lyubov Frumkin No exhibits were presented by the petitioner at the public hearing. FRUMKIN RESIDENCE. 15 CHESTNUT TERRACE. CHILD DAY CARE HOME Mr. Pfeil presented a slide presentation of the residence and the surroundings for review by the commission. Ms. Frumkin stated she has had a licensed day care for many years. She had no idea that she needed a Village license also for such a day care and she therefore respectfully requests such licensing now. Commissioner Trilling asked how many years Ms. Frumkin has been in operation. Ms. Frumkin stated she has run a day care for 18 years but prior to Buffalo Grove she lived in Niles and had her day care there. When they first moved to Buffalo Grove she had less than 3 children so she did not apply for a license. Once she had more than 3 children she did apply for a license from Lake County. Commissioner Trilling asked if the petitioner was familiar with the criteria for a special use. Buffalo Grove Plan Commission-Public Hearing-July 19,2000-Page 1 1 Ms. Frumkin stated no. Mr. Pfeil noted that the special use criteria and related standards concerning a child day care home were provided to Ms. Frumkin. Commissioner Trilling stated there are 6 criteria for a special use to be granted by the Village and he would like the petitioner to respond to the criteria. Commissioner Samuels asked if the day care facility helps local families. Ms. Frumkin stated yes. She noted she used to have many neighbors' children, which is very convenient for them especially for before and after school care. Many children come to her for help if they need it as they know about her and are familiar with her house. Commissioner Samuels asked if there is any hazard to the neighbors by having children in her house. Ms. Frumkin stated she certainly hopes not and she has never had any complaints from any neighbors. Commissioner Samuels asked if the house is big enough to accommodate the number of children that Ms. Frumkin takes in. Ms. Frumkin stated yes. Commissioner Samuels asked if there is enough parking on the driveway so that people coming and going can use the driveway without staying in the street or double parking. Ms. Frumkin stated they have enough room for four cars to park on the driveway and usually only 2-3 kids are picked up at one time. Commissioner Samuels asked if the children are kept mostly on this property. Ms. Frumkin stated the children never go outside. Commissioner Samuels asked if the house is well suited to having children in it. Ms. Frumkin stated yes. She stated they have a special playroom and a special music room. She stated she has teachers come in to teach music, math, art and language. Commissioner Samuels noted that in and among those questions the commission has probably satisfied the prima facia case for the special use. Chairman Ottenheimer asked what the hours of operation are. Buffalo Grove Plan Commission-Public Hearing-July 19,2000-Page 2 Ms. Frumkin stated the hours are from about 7:00 a.m. to 6:00 p.m. Chairman Ottenheimer asked what time parents start dropping off kids. Ms. Frumkin stated it usually starts by 7:20 a.m. to 8:00 a.m. The kids are then picked up between 5:00-6:00 p.m. Chairman Ottenheimer asked how many children there are presently. Ms. Frumkin stated she has 8 kids. Chairman Ottenheimer asked about the letter from the health officer. Ms. Frumkin stated she has answered all the issues. Chairman Ottenheimer noted the petitioner had provided the commission with a memorandum listing what matters had been completed and when others would be completed. Chairman Ottenheimer stated he wanted the petitioner to know that the Village Trustees are considering enacting an ordinance that may require criminal background checks for all individuals living in the house as well as asking certain questions and may require those who operate these facilities to answer as to whether they have ever been convicted of any types of crimes or offenses. This is something that will be handled at the board level and may make this special use subject to that ordinance. Ms. Frumkin stated she would have no problems with such checks. Mr. Alan Krivorot, 921 Burgess Circle, stated his daughter attends this day care and they have only heard good things from his child. He also checked out the facilities personally and admires the way Ms.Frumkin runs her operation. Her expertise in child developments is wonderful. Mr. James Oesterreicher, 2260 Carlisle Ct., says he does not dispute that the petitioner does a wonderful job. However, the only issue he has is that at times it appears as though there are considerably more than 8 children on the premises which creates a lot of noise. Therefore, he asks only that if the law states only 8 kids on the premises is allowed, then that is all that will be there. Chairman Ottenheimer stated the commission is not an enforcement body and if violations are noted, there are appropriate actions to be taken. Mr. Shtivelberg, 5 Chestnut Terrace, stated his kids started with Ms. Frumkin as infants. Now they are 6 and 8 years of age and no longer need her services. But to this day they Buffalo Grove Plan Commission-Public Hearing-July 19,2000-Page 3 still ask to go to her house to play and sometimes after school they walk over to her house which is three doors away. Mr. Rick Chafetz, 158 Fox Hill Drive, noted he brought his daughter to Ms. Frumkin's house when she was two months old which was hard to find. She is now 5 years old and the place has never been anything but clean and orderly. Ms. Marina Tseitlin, 1278 Gail Drive, stated she appreciates Ms. Frumkin's services. Everything is kept clean and they are loved and she would appreciate the Village allowing these services. Ms. Hansrani, 87 Chestnut Terrace, stated Ms. Frumkin occasionally keeps an eye on her children when they are waiting for the school bus and has them in her house for that purpose in winter. Mr. Vilemsky, 71 Chestnut Terrace stated both of his children couldn't say enough about Ms. Frumkin. He noted she provides an invaluable service to the neighborhood. Mr. Lee Silver, 2262 Carlisle Ct., asked if the health officer would continue to take an interest in the day care if the Village grants the special use. Chairman Ottenheimer stated that is also an enforcement issue. Further, a special use is only good for two years at which time the petitioner must come back and reapply. When they come back to reapply, again the health officer will go out and conduct an inspection of the premises. Mr. Silver asked how may such special uses are in the Village. Mr. Pfeil stated there are four such special uses for day. There may be other people providing the care without having the proper zoning. One of these special uses has a limit of 6 because it fit better into the context of that particular property. As to inspections, the health office would be on the property at least once a year and probably twice a year and would always respond to any calls and complaints from proximate neighbors in the area. Mr. Alex Chemy, 514 Buckthorn Terrace, stated he has nothing but good things to say about the day care and in addition to being taken care of very well, his daughter is being educated very well. Chairman Ottenheimer asked the ages of the children. Mr. Frumkin stated the childrens' ages are 3-4 years of age. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:05 p.m. Buffalo Grove Plan Commission-Public Hearing-July 19,2000-Page 4 Respectfully submitted, Fay Rubin, R cording Secretary b AP V D BY: j LESTER OTTENHEIMER, Chair II Buffalo Grove Plan Commission-Public Hearing-July 19,2000-Page 5 REGULAR MEETING BUFFALO GROVE PLAN COMMISSION July 19,2000 Frumkin residence, 15 Chestnut Terrace—Special Use for a Child Day Care Home in the R-4 District Chairman Ottenheimer called the meeting to order at 8:05 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Trilling Mr. Feldgreber Mr. Johnson Mr. Panitch Mr. Smith Commissioners absent: Ms. Dunn Also present: Ms. Lyubov Frumkin Mr. Jeff Berman,Village Trustee Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Johnson, seconded by Commissioner Feldgreber to approve the minutes of the public hearing and regular meeting. All Commissioners were in favor of the motion and the motion passed unanimously. COMMITTEE AND LIAISON REPORTS Commissioner Panitch stated he attended the Village board meeting on July 17, 2000 and stated the Chabad property and the Millbrook development were both approved by the board. FRUMKIN RESIDENCE, 15 CHESTNUT TERRACE— SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-4 DISTRICT Moved by Commissioner Samuels, seconded by Commissioner Trilling to recommend approval to the Village Board of the petition for a Special Use to operate a Child Day Care Home in the R-4 One-Family Dwelling District pursuant to the testimony given at the public hearing. Buffalo Grove Plan Commission-Regular Meeting-July 19,2000-Page 1 it Commissioner Johnson asked if Commissioner Samuels would consider an amendment to the motion to make the issuance of the Special Use permit contingent upon full compliance with the matters contained in the health officer's memo. Commissioner Samuels stated yes. He further noted the motion should also be subject to the possible establishment of a Village ordinance regardng background checks and the petitioner's agreement to comply with those checks should that ordinance be enacted in the future. Commissioner Johnson noted it may be difficult to keep the number of children on the property down to eight per code,however,that is required and must be done. Commissioner Feldgreber asked if the restriction concerning the number of children inlcudes short-term visitors. Mr. Pfeil stated that the ordinance limits a day care provider to eight children on the premises at one time, including short-term visitors. In the case of a special event such as a party, he suggested that the provider inform the Village and adjacent residents prior to the event. Commissioner Panitch stated the reason for the maximum number of children is that when there is one adult and eight children, it is a number that is comfortable. It is also the number for safety reasons and supervisory reasons. When neighborhood children stop by, it causes a safety hazard. Therefore the provider must take heed of the ordinance because the parents of the children being cared for rely on the provider. Other children may detract from the provider's attention. Commissioner Samuels stated he believes the petitioner has shown that this is a meritorious petition and should be approved. He agrees that eight children is an appropriate number for the premises. He further noted that this is a special permission to operate a business in a residential neighborhood which is something that is frowned upon generally. He noted the petitioner is only allowed to conduct this business as long as the premises are maintained and good relations are maintained with the neighbors while obeying the strict laws enacted to accommodate this business. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Samuels, Trilling, Feldgreber, Johnson, Panitch, Smith, Ottenheimer NAYES: None ABSENT: Dunn ABSTAIN: None The motion passed 7 to 0. CHAIRMAN'S REPORT—None Buffalo Grove Plan Commission-Regular Meeting-July 19,2000-Page 2 FUTURE AGENDA SCHEDULE Mr. Pfeil stated the next meeting will be a regular meeting on August 2, 2000, including Culver's and Starbuck's. STAFF REPORT -None NEW BUSINESS Trustee Berman stated that as a result of the recent developments in Vernon Hills whereby a convicted child molester was residing in a day care home, it has been suggested at the staff level and amongst the board that the Special Use permit be conditioned to explicitly precluding such offenders from residing in day care homes in an effort to protect the public. A number of things are being explored to date but the concept is to keep violent offenders away from children. Chairman Ottenheimer stated he attended the special board meeting on July 10, 2000 where George Krug was presented with a special award for his long standing commitment and service to the Plan Commission. ADJOURNMENT Moved by Commission Johnson, seconded by Commissioner Smith and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:20 p.m. Respectfully subJniitted, r 'I ,6 Fay Ru nfRecording Secretary APPR VED Y: /,, STER OTTENHEIMER, Chair Buffalo Grove Plan Commission-Regular Meeting-July 19,2000-Page 3