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2009-05-20 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 05/20/2009 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION May 20, 2009 21 Chestnut Terrace, Buffalo Grove, Illinois Special use to operate a 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 Ms. Bocek Mr. Khan Mr. Stark Mr. Cohn Mr. Weinstein Commissioners absent: Mr. Smith Mr. Teplinsky Ms. Myer Also present: Ms. Elena Lewis Mr. Yuri Shchupak Ms. Beverly Sussman, Village Trustee Mr. Brian Sheehan, Deputy Building Commissioner Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Group Exhibit A: Testimonials from people using the services of Elena Lewis' child day care home Exhibit B: Memo from Robert Pfeil to the Plan Commission dated May 15, 2009 Mr. Shchupak stated his wife is a teacher and wants to open a day care center and they need the permission for a day care for eight children, and they are requesting a variation to not construct a fence around the rear yard play area. He stated they are leasing the property and will only be there for a short period of time. He stated this is her only source of livelihood. Chairman Ottenheimer stated that since this is a petition for a special use there are certain criteria that have to be met for the day care home. He asked what the hours of the day care would be. Mr. Shchupak stated the hours would be 7:30 a.m. to 6:00 p.m. five days a week. Chairman Ottenheimer asked if he would agree that any outdoor play area would not be allowed before 8:00 a.m. Mr. Shchupak stated they usually go out around 11:00 a.m. for about one-half hour and again at night before the parents pick up the kids at about 5:45 p.m. Chairman Ottenheimer asked if all eight children arrive at the same time. Mr. Shchupak stated the three kids they have now arrive between 8:00-9:00 a.m. He noted they are picked up around 6:00 p.m. One child is picked up now at about 4:30 p.m. Chairman Ottenheimer asked if drop off and pick up times would be scattered if there are eight children. Chairman Ottenheimer noted they are asking for a variance so that the entire yard need not be fenced in and asked why that is. Mr. Shchupak stated that is because they are renting the home. He stated they are hoping to move in August, 2010. He stated the landlord cannot help with the fencing. Chairman Ottenheimer asked if there are any electronic devices outside that would amplify the childrens' voices when outdoors and if there is a swing set or other play items. Mr. Shchupak stated there is a little plastic house outside, cars, bikes and small basketball game. He noted his wife is always outside with them to keep them out of trouble. Commissioner Bocek asked how his wife communicates with the children if she does not speak English. Mr. Shchupak stated it is a Russian day care and communication with the children is very clear. Commissioner Khan asked what happens if she needs to call 911. Mr. Shchupak stated his wife is familiar enough to communicate with 911 and he can help her as he is there often and has actually lost his job. Commissioner Khan asked the ages of the kids. Mr. Shchupak stated they are 2-6 years of age. Commissioner Stark asked how many kids he anticipates having. Mr. Shchupak stated only eight. Commissioner Stark asked if there would be any other adult supervision besides his wife. Mr. Shchupak stated no as it is not necessary. Commissioner Stark noted that in the summer it would seem they would want to be out more with the kids. Mr. Shchupak stated no; it would be at 11:00 a.m. for one-half hour and then between 5:00-6:00 p.m. Commissioner Stark asked what the landlord thinks of a day care here. Mr. Shchupak stated he approved the venture before he actually rented the property. Commissioner Bocek wanted to know how his wife will use the bathroom once they have a maximum of eight children without an assistant. Mr. Shchupak stated they have games and other activities in the house and she can go to the bathroom for a few minutes. Commissioner Weinstein stated this is troubling to him and the risk is considerable. He asked if the petitioner would consider a special use without the right to outdoor play at all. Mr. Shchupak said after kids have been in the house for 4-5 hours they want to relax on a nice day. Commissioner Weinstein stated his concern is that as much as we are told that the kids will be watched they are only 2-6 years of age and if one child should wander away people could come back and question how this special use was approved. Mr. Shchupak stated he had no clue there was such an ordinance in Buffalo Grove for a day care home. That is why he is asking for one more year. He stated his lease is up in August of 2009. He stated the kids are well protected and it is a Russian day care and the kids understand her completely. Chairman Ottenheimer stated there is another day care at 15 Chestnut Terrace. Mr. Shchupak stated they found that out at the last minute when they already rented the property. Chairman Ottenheimer asked how many children attend that day care and what the hours are. Mr. Shchupak stated he knows of 16 and the hours are probably the same as his. Chairman Ottenheimer stated he brings this point up because he is somewhat concerned in a congestion perspective. If the other day care only has 8 children we are still talking about 16 cars generally in the morning and evenings which is a concern. Mr. Shchupak stated the kids are picked up and dropped off at various times. Somewhere between 8-10 a.m. is when his kids are dropped off. Chairman Ottenheimer asked how many cars fit on his driveway. Mr. Shchupak stated four. Chairman Ottenheimer asked how long the parents usually stay inside when dropping off their child. Mr. Shchupak stated they stay at most about 10 minutes. Commissioner Khan noted the property is only open on one side. Mr. Shchupak stated yes. Commissioner Khan asked if this is the first time they are opening a day care and if they have had any previous experience. Mr. Shchupak stated his wife has worked in a day care. Commissioner Cohn asked if there is any precedent in the Village for exempting the fence requirement for home day cares. Mr. Pfeil stated there has never been a request to vary this requirement. To his knowledge all day cares that are properly approved by the Village do have enclosed fence rear play areas. Commissioner Cohn asked if there are any home day cares in the Village now that do not have a fence. Mr. Pfeil stated that as far as he knows they all have fences. Mr. Sheehan stated they are all fenced. He further noted that DCFS does require an outside play area so requiring everything to take play indoors would not be an option. Mr. Lee Silver, 2262 Carlyle Ct., stated his house is kitty corner to the subject property. He stated he is very experienced with the existing day care in the neighborhood at 15 Chestnut Terrace. He stated he feels there should be some kind of rule as to how close day care centers should be in a neighborhood and asked if there are any such rules. Mr. Pfeil stated there are no quantified standards. The special use language in the Zoning Ordinance gives the Plan Commission the authority to consider the impact on the neighborhood of more than one day care home in the neighborhood, but there is no methodology as far as what is too many or what is too close. Until the current situation involving an existing day care home at 15 Chestnut Terrace and a proposed home at 21 Chestnut Terrace, there has not been an issue with having day care homes close together. Mr. Silver stated he does not think many people would want so many in a close area. He noted that aside from the initial meeting on the other home, they have never been invited to come back for their renewal. He asked how often there is a public hearing as opposed to just letting them continue. He also asked if a lessee can even be a petitioner for ordinances and variances. Mr. Pfeil stated the ordinance does not restrict a special use to only an owner of property. They can be granted to tenants or lessees of property. He noted that a day care homes are subject to renewal every two years. Mr. Silver stated most of the kids are dropped of between 8-9:30 a.m. which is the same time the school buses are coming through and when people are going to work. It cannot be good for the Village to have another operation in this portion of Chestnut Terrace. He pointed out that the east side of the yard at 21 Chestnut has no bushes or any other barrier to keep the children in the yard. Along the south rear line there are skinny bushes which you can see through, and children two to four years of age can easily walk through. That is a real risk for the property owners nearby in terms of liability to have other kids running around through the yards. He noted they already have 8 to 16 kids two doors down at 15 Chestnut and they hear the sound of the Meridian school playground many days of the week. Mr. Qing Zhou, 17 Chestnut Terrace, stated that he is in the middle of what would be two day care homes — the existing home at 15 Chestnut and the proposed home at 21 Chestnut. He said that the traffic will be too much and his property value will be hurt. Mr. Shchupak asked what would happen if a large family moved in and had five cars or so and then the traffic would be really bad all the time. He has noticed how cars zoom down the streets whereas the parents of his kids do not do that. He stated that eight cars in and out in 10 minutes does not cause much of a traffic problem. Ms. Barbara Silver, 2262 Carlyle Ct, stated the first day care is loud but she has adjusted to the situation. However, it is a lot to ask residents of the area to live with two day care homes this close together. She said that the petitioners should have researched the Village's regulations before renting the house. She stated she would like to see the Village police day care homes more closely. Mr. Shchupak stated he would like permission to prolong this business for one more year. If he is not able to do this he will need a letter from the Village to give to his landlord to break the lease because he cannot afford to live here otherwise. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:15 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 05/20/2009 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION May 20, 2009 Child day care home, 21 Chestnut Terrace Special use to operate a child day care home in the R-4 District Chairman Ottenheimer called the meeting to order at 8:15 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Ms. Bocek Mr. Khan Mr. Stark Mr. Cohn Mr. Weinstein Commissioners absent: Mr. Smith Mr. Teplinsky Ms. Myer Also present: Ms. Elena Lewis Mr. Yuri Shchupak Ms. Beverly Sussman, Village Trustee Mr. William Raysa, Village Attorney Mr. Brian Sheehan, Deputy Village Commissioner Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Weinstein, seconded by Commissioner Khan to approve the public hearing minutes of March 18, 2009. All Commissioners were in favor of the motion and the motion passed unanimously with Chairman Ottenheimer and Commissioner Cohn abstaining. Moved by Commissioner Weinstein, seconded by Commissioner Khan to approve the regular meeting minutes of March 18, 2009. All Commissioners were in favor of the motion and the motion passed unanimously with Chairman Ottenheimer and Commissioner Cohn abstaining. Moved by Commissioner Stark, seconded by Commissioner Khan to approve the public hearing minutes of April 15, 2009. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Weinstein, seconded by Commissioner Khan to approve the second public hearing minutes of April 15, 2009. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Weinstein, seconded by Commissioner Bocek to approve the regular meeting minutes of April 15, 2009. All Commissioners were in favor of the motion and the motion passed unanimously. COMMITTEE AND LIAISON REPORTS Commissioner Bocek attended the Village Board meeting on May 18, 2009 stating they appointed new liaisons to the Plan Commission; namely, DeAnn Glover, Jeff Berman and Beverly Sussman. She noted that the Inter—Partners OTB request for a special use is scheduled for the June 1, 2009 Village Board agenda. The Board referred a request by the Buffalo Grove Park District concerning approval of a plan for improvements to the Willow Stream Park swimming pool and bath house, and a petition to operate the Torah Academy at Congregation Beth Am. Lastly, the Board referred a request by the owner of 1200 Dundee Road for approval to renovate an existing building for commercial use. CHILD DAY CARE HOME, 21 CHESTNUT TERRACE — SPECIAL USE IN THE R-4 DISTRICT Moved by Commissioner Khan, seconded by Commissioner Bocek, to recommend approval to the Village Board of the petition for a special use to operate a child day care home at 21 Chestnut Terrace, a single-family detached home zoned in the R-4 Single Family Dwelling District with the following variation: ZONING ORDINANCE — Section 17.28.060.B.5.d. (request to waive the requirement for the rear yard play area to be completely enclosed by a fence). Commissioner Cohn stated he has listened to both sides and will vote against this motion for two reasons. First, there is no precedent for not requiring a fence and it seems the rationale for having a fence for safety is a good one. He sees no extenuating circumstances that change the need to do that here. He stated he also thinks there is a need to preserve relative quiet and harmony in our residential neighborhoods and by having too many child day care homes in proximity to each other there could be impacts affecting the quiet and harmony for residents living near the day care homes. People deserve to have day care homes, but we also have to be considerate to the overall neighborhood which would be overwhelmed in the current case by having two day care homes only one lot away from each other. Commissioner Khan stated he is torn here but it is the responsibility of the petitioner to do the research regarding all requirements. He noted that the homeowners between the two homes have a right to have some peace of mind. He noted that Chestnut Terrace is a narrow street, and this is a concern in terms of traffic and parking, and another concern is the lack of a fence for the rear yard play area. Commissioner Stark stated he kept an open mind on the proximity of other day care centers. But the request for a variation to not construct a fence for the rear yard play area that has been a deal breaker for him and he cannot support this petition without the operator installing a fence. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: None NAYS:Bocek, Khan, Stark, Cohn, Weinstein, Ottenheimer ABSENT: Smith, Teplinsky, Myer ABSTAIN: None The motion failed 6 to 0. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil stated the next meeting is scheduled for June 3, 2009. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT—None NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Khan, seconded by Commissioner Weinstein and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:28 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair