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1995-08-16 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 16, 1995 949 Bedford Court— Special Use for a Child Day Care Home in the R 9A Multiple Family Dwelling District Commissioners present: Chairman Goldspiel Mr. Krug Mr. Rosenston Mr. Samuels Mr. Berman Mr. Lundine Mr. Trilling Commissioners absent: Ms. Howard Mr. Ottenheimer Also present: Mrs. Larisa Sosis Mr. William Raysa, Village Attorney Ms. DeAnn Glover, Village Trustee Mr. John Dempsey, Assistant Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Plat of Survey dated June 15, 1995 Exhibit 2: Letter received August 16, 1995 from Department of Children and Family Services Regarding License#248913 Mrs. Sosis stated she moved to Buffalo Grove about a month ago from Des Plains where she had a license to operate a day care center in her home. She stated she has applied and received a license from Lake County for a day care center in her new home. She has complied with all requests from the Village of Buffalo Grove. She stated she has a special degree in musical education and has three children of her own. Chairman Goldspiel asked Mrs. Sosis to elaborate on her day care plans. Mrs. Sosis stated the maximum number of children she is allowed to have is five according to DCFS. She stated she will start out with only 2-3 children. She stated the children would be at her house from 7:30.m. to 6:00 p.m. The children will play in the backyard, go to the park, Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 1 II participate in learning activities and musical activities. Commissioner Samuels asked if Mrs. Sosis had spoken with any neighbors concerning these day care activities. Mr. Sosis stated she had spoken with some of the neighbors who had no objections. Additional neighbors had questioned the public hearing sign and after being told about the day care activities had no complaints. Commissioner Samuels asked if there were many children in the neighborhood. Mrs. Sosis stated there were a great many children in the neighborhood. Commissioner Samuels asked if she had now complied with all requests from the building department and fire department. Mrs. Sosis stated she was now in full compliance. Commissioner Samuels asked if the state license included the petitioner's own three children. Mrs. Sosis stated the five children specified in the license were over and above her own three children. Commissioner Rosenston asked if the smoke detectors had been installed and if the grill shutoff had been taken care of. Mrs. Sosis stated the smoke detectors had been purchased and will be installed shortly as would the outside shutoff for the grill. Commissioner Lundine asked if the petitioner planned to hire any outside help. Mrs. Sosis stated she would hire an assistant if she has more than three children under her care. She stated the person would be part time. Commissioner Lundine asked where this person would be parking. Mrs. Sosis stated the car can be parked in her garage. Commissioner Lundine asked what the assistant's duties would be. Mrs. Sosis stated the assistant would be watching younger children while she is teaching older children. Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 2 Chairman Goldspiel asked if there was a sidewalk in front of Mrs. Sosis' house. Mrs. Sosis stated no. Chairman Goldspiel asked how the size of a lot in this subdivision compare to an R-4 or R-5 lot. Mr. Dempsey stated the lot sizes in this subdivision run approximately 6,200 square feet to 7,500 square feet. Chairman Goldspiel asked how this backyard compares to those in an R-4, R-5 or R-6 district. Mr. Dempsey stated that would depend on where the house sits on the lot. Chairman Goldspiel asked how this backyard compares to a normal single family district. Mr. Dempsey stated this backyard is comparable as there is approximately 35 feet which is comparable to other districts. Commissioner Lundine asked how many meals would be provided. Mrs. Sosis stated she would feed the children breakfast, snack, lunch and snack. Chairman Goldspiel asked how the right-of-way on Bedford Place compares to normal residential right-of-way and how does normal residential pavement compare with this area. Mr. Dempsey stated this is a smaller pavement and right-of-way then a standard 60 foot right-of- way. Chairman Goldspiel noted his concern with a substandard size lot. This property was originally zoned for multi-family and in order to get the single family zoning, lawn sizes were lowered. He stated previous studies regarding day care homes were based on normal lot sizes. Mrs. Sosis stated her yard is large and all fenced and she has no related concerns for the children's safety. Chairman Goldspiel noted his concern with the right-of-way and pavement width and safety issues for children with traffic and parking on a dead end street. Mrs. Sosis stated that if three parents bring their children, there are only three cars involved which is not a lot of traffic. Additionally, the house is on a cul-de-sac which is convenient for traffic. Commissioner Rosenston asked how many cars could be parked on the driveway. Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 3 Mrs. Sosis states she can fit two cars in the garage and two cars on the driveway. Commissioner Trilling noted his concern with no sidewalk. He stated walking to the park with several children in an area with no sidewalk would be difficult. Mrs. Sosis stated the children could walk on her grass, cross to the sidewalk on the other side of the street and continue to the park. Commissioner Rosenston noted Mrs. Sosis's house backs up onto Fremont Way and asked if there is a gate on the back of the lot. Mrs. Sosis stated no. Chairman Goldspiel noted that no sidewalk reduces the distance by the absence of a parkway. Commissioner Rosenston reviewed the requirements of a special use for a child day care home with Mrs. Sosis: 1. Verification that the home is licensed by the Illinois Department of Children and Family Services 2. All requirements by the Village Department of Building and Zoning, Health Department and Fire Department will be met 3. That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare 4. All standards as set out in the Village ordinance are to be complied with and had been discussed at the public hearing Commissioner Lundine asked how long the license is valid. Mrs. Sosis stated the license must be reviewed every three years, however, DCFS makes 4 to 5 inspections per year. Commissioner Berman asked if there are any other day care homes in the area. Mr. Dempsey stated there were no other day care homes in the area, however, there are six day care homes in Cook County Buffalo Grove. Commissioner Trilling asked if Mrs. Sosis had any pets. Mrs. Sosis stated no. Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 4 There being no further comments or questions from anyone else present, Chairman Goldspiel closed the public hearing at 8:05 p.m. Respectfully submitted, ay Rub' , R cording Secretary 'PROVED BY: TE HEN SHE hairman Buffalo Grove Pia,Comm-Public Hearing-August 16, 1995-Page 5 li PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 16, 1995 Zoning Ordinance(Sections 17.40.040.B and 17.40.050.B.) Consideration of amendment to the R-8 and R-9 Multiple Family Districts to include Child Day Care Home as a Special Use in a single-family detached dwelling unit Chairman Goldspiel called the hearing to order at 8:10 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Goldspiel read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure for the hearing and swore in all persons who wished to give testimony. Commissioners present: Chairman Goldspiel Mr. Krug Mr. Rosenston Mr. Samuels Mr. Berman Mr. Lundine Mr. Trilling Commissioners absent: Ms. Howard Mr. Ottenheimer Also present: Mr. William Raysa, Village Attorney Ms. DeAnn Glover, Village Trustee Mr. John Dempsey, Assistant Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Memo from Robert Pfeil dated August 11, 1995 Mr. John Dempsey stated the R-7, R-8 and R-9 Districts were left out of the child day care ordinance. This amendment is in response to the previous petition to allow a special use for a child day care home in single-family areas in the R9 district. He noted the same standards would apply as far as DCFS licensing and Village approval. Chairman Goldspiel questioned three districts. Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 1 Mr. Dempsey stated it should be R-8 and R-9 only with the A being a rear yard designation only. Commissioner Rosenston asked if the R-9A needed to be specifically included. Mr. Raysa stated everything is covered. Commissioner Lundine asked if this will cover everything forever if agreed to. Mr. Dempsey stated it will always cover R-8 and R-9 districts in the single family districts. He further noted there are approximately five or so developments that are so zoned. Commissioner Rosenston stated it is still a Special Use and each application will still come before the Plan Commission. Commissioner Samuels asked if this amendment to the ordinance is needed prior to the consideration of the petition or if a variance will be necessary if the petition is considered first. Mr. Raysa stated the amendment to the ordinance and a granting of the petition can be done in tandem. Commissioner Krug asked where the changes would take place in the ordinance. Mr. Dempsey stated the text in R-8 and R-9 would be amended to include child day homes in single-family dwellings as a Special Use. Chairman Goldspiel asked what kind of reasons or standards there are for denying a Special Use. Mr. Raysa stated there is no presumption that a Special Use must be granted. In addition he stated Section B.1 under Section 17.28.060 stated a special use for a Child Day Care Home shall meet the requirements of Section 17.28.040. He further noted if these requirements are not met, the Corporate Authorities are within their authority to deny a special use. In addition there are specific requirements for child day care homes which are specifically cited in Section 17.28.060., i.e. "...that the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. If there is testimony contra to a petitioner's position that it would be detrimental to the health, safety or welfare of the Village, then a special use could be denied. In addition if and of the standards in sub-section 5 of Section 17.28.060 are not, then the special use could be denied. Commissioner Samuels stated it would be the same as any other issue before the Plan Commission. The fact that someone did or did not oppose a petition would just be an item for the Plan Commission to take into consideration with regard to all of the testimony in evaluation of the special use request. Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 2 Commissioner Trilling asked if specific requirements can be made on an applicant's petition if the petition is granted. Mr. Raysa stated sub-section 5.h. of Section 17.28.060 states"...The Plan Commission and Corporate Authorities may impose conditions and restrictions as may be necessary or appropriate to comply with the foregoing criteria and standards. The foregoing standards may be modified as deemed reasonable in specific cases." Mr. Raysa asked if the Village has an R-8A or R-9A district. Mr. Dempsey stated the Crossings is an R-9A. He stated there is no R-8A district. He further noted the R-9A district to Mr Raysa on the Village's Zoning Map. Mr. Raysa stated he will verify this issue with Mr. Pfeil. There being no further comments or questions from anyone else present, Chairman Goldspiel closed the public hearing at 8:25 p.m. Respectfully submitted, Fay Rub' rding Secretary APPRRYD BY: E N PIEL, hairman Buffalo Grove Plan Comm-Public'Ie ring-Augitst46, f9 ` Page 3 PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 16, 1995 The Compact Disc Store, 721 Armstrong Drive Special Use to allow retail sales in the Industrial District Commissioners present: Chairman Goldspiel Mr. Krug Mr. Rosenston Mr. Samuels Mr. Berman Mr. Lundine Mr. Trilling Commissioners absent: Ms. Howard Mr. Ottenheimer Also present: Mr. Chris R. Smith, The Compact Disc Store, Inc. Mr. Chris Walke, The Compact Disc Store, Inc. Mr. William Raysa, Village Attorney Ms. DeAnn Grove, Village Trustee Mr. John Dempsey, Assistant Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Site plan Exhibit 2: Floor plan Mr. Chris Smith of The Compact Disc Store, Inc., stated their proposal is open a retail outlet at their corporate headquarters. He stated that having downsized from seven stores to one, they have acquired a surplus of merchandise which they feel would be best liquidated through the retail use of a small portion of their warehouse space. This situation will not require further overhead of rent or additional staff and will allow them to offer a large assortment of merchandise to the community at prices below wholesale cost. The concept behind the Compact Disc Store is that \-1 the customer has the opportunity to listen to any CD in the store before purchase. The combination of a great selection of merchandise and wonderful prices will allow the community to experience a unique and exciting place to shop for their music. Commissioner Krug asked about the reference in Mr. Pfeil's memo regarding the need for 4 Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 1 parking spaces. Mr. Smith stated the memo states 13 spaces are required and their lot actually has 19 spaces. As there are 3 employees, there are 16 parking spaces available for customers. Commissioner Krug asked if any additional handicapped spaces will be required. Mr. Smith stated no. Commissioner Krug asked the hours of operation proposed for the retail outlet. Mr. Smith stated the hours will be Monday through Friday from 9:00 a.m. to 6:00 p.m. Saturdays are possible if business goes well and hours would probably be from 9:00 a.m. to 12:00 p.m. Commissioner Krug asked if the outlet would sell anything else besides compact discs. Mr. Smith stated the outlet will sell only compact discs and some accessory racks for CD holders. Commissioner Samuels asked if the nature of the business was basically mail order. Mr. Smith stated the business is not mail order. Rather the business has a retail store on Fullerton Avenue in Chicago. Commissioner Samuels asked what kind of signage or advertising is being proposed. Mr. Smith stated they would like to do the plastic outdoor neon signs that go on the building, similar to that used by Computer Discount Warehouse which would be visible on the back of the building which would be visible from Lake Cook Road as well as Armstrong and Lexington. Commissioner Trilling asked if the outlet will remain open once the additional stock due to downsizing has been diminished. Mr. Smith stated they would like to keep the outlet open. He noted there are always new releases coming out and the inventory is always there. Commissioner Trilling asked if advertising regarding liquidation of merchandise would continue even after excess stock had been sold. Mr. Smith stated the advertising would continue letting the public know these are CD's below wholesale cost. Commissioner Trilling noted concern with the use of the words liquidation or closeout as that usually means there is an end in sight, where this proposal is for a continuation of business. Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 2 Commissioner Rosenston asked when the company downsized from 7 to 1. Mr. Smith stated 4 stores were closed in 1994 and 2 stores closed in 1995. Commissioner Rosenston asked if the full 1,000 square feet would still be necessary once the excess merchandise was sold off. Mr. Smith stated they could probably downsize once they get rid of the product. Commissioner Rosenston noted concern with granting a variance which may only be necessary for a short time. He asked at what point a downsizing could be achieved. Mr. Smith stated after Christmas of 1995, a downsizing would probably be possible. Commissioner Rosenston asked if any permanent modifications to the building are planned. Mr. Smith stated no. Commissioner Rosenston asked if the parking issue was now clear. Mr. Dempsey stated he would need to check with Mr. Pfeil as his memo seems to suggest that 4 additional parking spaces would be needed. However, based on the numbers in the memo, it would not appear to be the case. Commissioner Lundine asked who the customers are. Mr. Smith stated their customers span all kinds of ages and taste in music. Commissioner Lundine asked if this would be a continuing operation or a clearance. Mr. Smith stated the operation is a clearance in the sense that they are selling CD's at clearance prices, however, there will be new CD's coming in every month as part of a continuing operation. Commissioner Rosenston reiterated the following: 1. At present there is a large inventory which needs to be unloaded 2. Once that inventory goes down, operation will continue on an ongoing basis carrying unsold merchandise and leftovers and obsolete merchandise from the existing store 3. At that point in time, compliance would be possible with 410 square feet for the facility Mr. Smith stated that was correct. Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 3 Chairman Goldspiel asked if a temporary variance for a short term could be granted. Mr. Raysa stated yes. Commissioner Rosenston asked if the granting of a variance to sell non-manufactured goods was given but only within the 410 square feet, would this be livable. Mr. Smith stated yes. Chairman Goldspiel asked about the two parking spaces taken up by dumpsters. Mr. Smith stated the dumpsters were for recycling and regular garbage and are always present. He further noted the two parking spaces taken up by the dumpsters were not included in his parking space count of 19. Chairman Goldspiel asked if it is OK to have the dumpsters sitting in the parking lot or if screening was necessary. Mr. Dempsey stated they had no comments from Building and Zoning to that effect, however he would solicit comments from them. Commissioner Rosenston asked if Mr. Smith would be averse to screening around the dumpsters. Mr. Smith stated no. Chairman Goldspiel asked a portion of the building would remain substantially empty after reduction of the inventory or if a portion would be rented out for other uses. Mr. Smith stated that was up to the owners. Commissioner Berman asked what the long term business plan was for The Compact Disc Store. Mr. Smith stated they are hoping for a resurgence in the business which would allow for new stores. He stated for the moment they are hoping to liquidate products. Commissioner Trilling asked if this is the primary business for the owner of the property. Mr. Smith stated the owner's primary business is helicopter charters. Commissioner Trilling asked how many square feet of the 8,200 square foot building is currently being used. Mr. Smith stated they use the whole building although approximately 4,000 square feet is devoted Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 4 to their surplus at present. Chairman Goldspiel asked how often the dumpsters are removed. Mr. Smith stated the dumpsters are removed once a week. Mr. Smith stated they could use smaller dumpsters. �.... Chairman Goldspiel stated that may be a good idea. Commissioner Rosenston asked if any controls or restrictions could be placed on the special use for this facility in case the nature and use of the building changes. Mr. Raysa stated you can put special conditions on a special use. Commissioner Trilling asked if the ten percent requirement applies to the individual's unit or the entire building assuming the building is subdivided. Mr. Raysa stated he reads the ordinance as the entire building. Commissioner Berman suggested the Village Attorney recommend language that would limit or condition the special use in such a way as to take into account the loss of the primary focus of the business. Commissioner Rosenston stated he would propose a subject to stating the special use be for 410 square feet and subject to coming back for review if the usage of the building drops to less than 50 percent of the current space. Commissioner Samuels noted that if the Compact Disc Store gets to the point where they no longer need a warehouse, they will not need a retail space. He stated they appear to need the extra square footage until Christmas to liquidate. Language could be inserted to the effect that after that point they need to downsize to 10 percent. Mr. Raysa stated the following: 1. The Village of Buffalo Grove and State of Illinois do regulate going out of business sales. 2. This appears to be a retail outlet store. 3. He asked Mr Smith exactly what kind of accessory items are to be sold. Mr. Smith stated only discs and storage racks will be sold. II Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 5 4. More parking may be necessary if there are more employees Mr. Smith stated only the three employees noted will be working in the store. Mr. Raysa asked if leasing any part of the building would generate more employees and the need for more parking. Mr. Dempsey stated this was not necessarily true. The parking requirements are generated on ' square feet of the building so that leasing out a portion of the building does not increase the amount of square feet. The only problem would be if warehouse space was converted to office space, which has a more stringent parking standard. A motion could contain conditions which related to the amount of parking required if necessary. Commissioner Rosenston asked if the plan would need to come back to the Plan Commission if building revision were to be proposed. Mr. Dempsey stated that would be something handled by the Building and Zoning Department as a tenant revision. They would then make sure parking spaces were adequate for the proposed use. Commissioner Samuels stated that would happen whether this special use is granted or not and it is not necessary to be concerned with that problem now. Chairman Goldspiel asked how many customers are likely on a peak hour. Mr. Smith stated they may have 13 to 14 customers at most. Commissioner Trilling noted 400 square feet is to small for any kind of volume. Mr. Raysa noted an inconsistency in paragraph four of the petition for concept and preliminary plan review. He stated the total building square feet is listed as 5,000 whereas the correct figure is 8,200 square feet. There being no further comments or questions from anyone else present, Chairman Goldspiel closed the meeting at 9:15 p.m. Respectfully sub i ted, F y Rub' , ecording Secretary Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 6 APPROVED BY: STEPHEN GOLDSPIEL, Chairman L Commissioner Buffalo Grove Plan Comm-Public Hearing-August 16, 1995-Page 7 REGULAR MEETING BUFFALO GROVE PLAN COMMISSION August 16, 1995 949 Bedford Court— Special Use for a Child Day Care Home in the R 9A Multiple Family Dwelling District Zoning Ordinance(Sections 17.40.040.B and 17.40.050.B.) Consideration of amendment to the R-8 and R-9 Multiple Family Districts to include Child Day Care Home as a Special Use in a single-family detached dwelling unit The Compact Disc Store, 721 Armstrong Drive Special Use to allow retail sales in the Industrial District Prairie Place Subdivision)Prairie Road adjacent to Carlyle) -- Final Plat Commissioners present: Chairman Goldspiel Mr. Krug Mr. Rosenston Mr. Samuels Mr. Berman II; Mr. Lundine Mr. Trilling Commissioners absent: Ms. Howard Mr. Ottenheimer Also present: Mrs. Larisa Sosis Mr. Chris R. Smith, The Compact Disc Store, Inc. Mr. Chris Walke, The Compact Disc Store, Inc. Mr. Scott Inbinder, Indevco, Inc. Mr. William Raysa, Village Attorney Ms. DeAnn Glover, Village Trustee Mr. John Dempsey, Assistant Village Planner APPROVAL OF MINUTES Moved by Commissioner Trilling, seconded by Commissioner Samuels to approve the minutes of the regular meeting of August 2, 1995. Chairman Goldspiel noted typographical errors on pages Buffalo Grove Plan Comm-Regular Meeting-August 16, 1995-Page 1 3, 9 and 11. He further noted the first paragraph on page 17 should be changed to "...planning information." All Commissioners were in favor of the motion as amended and the motion passed unanimously with Commissioners Trilling and Rosenston abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Krug stated he attended the Village board meeting on August 7, 1995 and the following items were discussed: 1. Postponement of the pre-annexation agreement for the Twin Rinks Ice development to August 21, 1995 2. Referral of Shell Oil station on Route 83 and Arlington Heights Road to the Plan Commission 3. Referral to the Plan Commission of the mixed use development of the ECD gravel property 4. Discussion of fencing for property next to the golf course due to addition of an in ground swimming pool Moved by Commissioner Rosenston, seconded by Commissioner Berman to allow the Prairie Place Subdivision, Final Plat to moved up on the agenda. All Commissioners were in favor of the motion which passed unanimously. PRAIRIE PLACE SUBDIVISION(PRAIRIE ROAD ADJACENT TO CARLYLE) --FINAL PLAT Mr. Scott Inbinder of Indevco stated they are here seeking final approval by the Plan Commission of their Plat of Subdivision and final engineering. Moved by Commissioner Rosenston, seconded by Commissioner Berman to recommend approval to the Village board of the Final Plat of Subdivision for Prairie Place consisting of two pages dated July 31, 1995. Commissioner Krug asked if the plat had been reviewed for closure and meets all requirements. Mr. Dempsey stated Mr. Kuenider's memo of August 9, 1995 certifies all requirements have been met. Commissioner Trilling asked to be removed from the discussion and vote on this matter. Chairman Goldspiel asked if Lot 7 should be marked as to front and back on the plat.. Buffalo Grove Plan Comm-Regular Meeting-August 16, 1995-Page 2 II Chairman Goldspiel asked that this item be flagged for building and zoning if changes are necessary. Mr. Raysa stated the motion should be subject to the correct wording of the Village sidewalk easement on page two, right hand column. Normally sidewalk easements are marked SWE. The language on the page 2 of the plat uses the SWE language and references a non-easement area. The easement areas on page one state"sidewalk easement" and there is also is no non-easement area. The motion was so amended and accepted by Commissioners Rosenston and Berman. Chairman Goldspiel called for a vote on the motion and the vote was as follows: AYES: Krug, Rosenston, Berman, Lundine, Goldspiel NAYES: None ABSENT: Howard, Ottenheimer ABSTAIN: Trilling, Samuels The vote was 5 to 0. ZONING ORDINANCE (SECTIONS 17.40.040.b AND 17.40.050.b.) CONSIDERATION OF AMENDMENT TO THE R-8 AND R-9 MULTIPLE FAMILY DISTRICTS TO INCLUDE CHILD DAY CARE HOME AS A SPECIAL USE IN A SINGLE-FAMILY DETACHED DWELLING UNIT Moved by Commissioner Berman, seconded by Commissioner Samuels to recommend approval to the Village board of the amendment to Section 17.40.040.B -R-8 Multiple-Family Dwelling District and Section 17.40.050.B -R-9 Multi-Family Dwelling District to include Child Day care home as a use that can be allowed as a Special Use in a single-family detached dwelling unit. Commissioner Samuels stated he supports the motion, noting that the critical language here is single-family detached dwelling. He stated this gives the Village the framework with which to operate in terms of then considering on a site and case specific basis whether or not any particular site is appropriate. He stated he sees no problem with opening up this use as long as it is a single-family detached residence as it would be in any other district. Chairman Goldspiel stated he is against the proposal. He noted that every one of the R-8 or R-9 single family districts do not meet the regular single-family zoning and regular standards. This is the case with this proposal and its smaller right-of-ways, lack of sidewalks and smaller lot areas. Commissioner Berman stated he disagrees with Chairman Goldspiel and stated he does not want to exclude consideration in these districts. A special use can be appropriate in a given circumstance. Buffalo Grove Plan Comm-Regular Meeting-August 16, 1995-Page 3 Chairman Goldspiel stated a person who would potentially purchase such a property in order to run such a business would have notice that such a thing was not allowed. Chairman Goldspiel called for a vote on the motion and the vote was as follows: AYES: Krug, Rosenston, Samuels, Berman, Trilling, Lundine NAPES: Goldspiel ABSENT: Howard, Ottenheimer ABSTAIN: None The motion passed 6 to 1. 949 BEDFORD COURT-- SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-9A MULTIPLE FAMILY DWELLING DISTRICT Moved by Commissioner Berman, seconded by Commissioner Samuels to recommend approval to the Village board of the petition for approval of a Special Use to operate a Child Day Care Home in a single-family residence in the R-9A Multiple Family Dwelling District. Commissioner Rosenston stated he is in favor of the motion. He stated the issues of parking and lot size had been discussed thoroughly and all code requirements had been met which makes him comfortable with this operation. The fact that the petitioner contacted neighbors who have voiced no objections also makes this operation proper. He further noted if any problems occur they can be reviewed in two years when this matter comes up for review. Commissioner Trilling stated he is generally in favor of the proposed operation. He noted concern with the lack of streets, parkway and sidewalks and suggested it may be better to operate this day care home with only three kids instead of five. Commissioner Berman asked how the petitioner would feel about limiting the day care home to a maximum of three children for the next two years. Mrs. Sosi stated it will probably take her a year or two before she herself looks for more than three kids, Commissioner Rosenston stated he was not in favor of the limitation. He stated he would rather give the petitioner the benefit of the doubt and leave it to the ordinance. If an issues surfaces, it can be addressed at the review in two years. Commissioner Samuels stated he concurs with Commissioner Rosenston. He stated the review in two years can address any problems or complaints. He stated he sees nothing inherent in this situation that makes an additional two children a significant problem. Buffalo Grove Plan Comm-Regular Meeting-August 16, 1995-Page 4 L Commissioner Lundine stated he also concurs with Commissioner Rosenston and Samuels as there will be a review in two years. Commissioner Berman stated he also favors allowing five children. He stated the marketplace will dictate to some extent whether or not five children will work here. Mr. Dempsey suggested adding to the motion that it be subject to a reinspect for the two items identified by Mr. Sheehan as not completed. In addition the motion should also be subject to a `-/ final DCFS license. Commissioners Berman and Samuels agreed to the amendments. Chairman Goldspiel stated there is a need for caution for undersized single family lots and smaller right-of-way streets and sidewalks. He stated these have proven to be somewhat of a problem for the Village in certain areas and nothing should add to that problem. He stated this was not a resident who decided to go into business after becoming a resident. This is a situation where the property was purchased with the intent of going into this line of business. Chairman Goldspiel called for a vote on the motion and the motion was as follows: AYES: Krug, Rosenston, Samuels, Berman, Trilling, Lundine NAYES: Goldspiel ABSENT: Howard, Ottenheimer ABSTAIN: None The motion passed 6 to 1. THE COMPACT DISC STORE. 721 ARMSTRONG DRIVE - SPECIAL USE TO ALLOW RETAIL SALES IN THE INDUSTRIAL DISTRICT Moved by Commissioner Rosenston, seconded by Commissioner Trilling, to recommend approval to the Village board of the petition for approval of a Special Use for an accessory retail use in the Industrial District with the following variations: ZONING ORDINANCE - Section 17.48.020.C.14.a. and b. (To allow compact discs not manufactured on the premises to be sold on the premises), subject to the Special Use returning to the Plan Commission should petitioner's use of the facility drop below 50 percent of the current square footage. Chairman Goldspiel asked what Commissioner Rosenston's intention was when including one part of the section only. Commissioner Rosenston stated his intention is to have the petitioner abide by the 5 percent rule at this time(410 square feet). Buffalo Grove Plan Comm-Regular Meeting-August 16, 1995-Page 5 Commissioner Krug stated 410 square feet is too small and favors giving the petitioner the requested 800 square feet. He noted some disc storage cabinets are quite bulky. Commissioner Samuels also stated 410 square feet is insufficient room. He further noted the smaller footage would probably be sufficient sometime after the new year and he would like to review the issue in six months. Commissioner Berman suggested allowing the Special Use for the 800 square feet for one year instead of two years. This would protect both from unneeded excess space and from a change in the character and use in the rest of the building. This would eliminate the need for any conditions on the Special Use. Commissioner Rosenston stated Commissioner Krug was correct in suggesting that some disc cabinets are quite bulky and perhaps the 410 square feet is too small. He stated he does like Commissioner's Berman's idea of a one year timetable, but would like to further extend the time period to 18 months. Mr. Smith stated the one year time period would be fine. Commissioner Rosenston amended his motion to reflect the variance for 800 square feet subject to a time limit of one year, after which the petitioner must return to the Plan Commission. Commissioner Trilling accepted the amendment. Commissioner Lundine stated he agrees 800 square feet is reasonable, but a six month time limit would be sufficient. Commissioner Krug stated it may be discriminatory to put a time limit on the petitioner, as it may cause a burden on the Village. He noted the retail license is renewable every year in any case. Commissioner Berman stated he does not see this as discriminatory as it is not a typical accessory use. Further, it is not an undue burden to return within one year. He noted the time limit restriction is more to protect the Village against a change in the character or use of the rest of the building. Commissioner Samuels stated one year is not discriminatory. He further noted this Special Use may create more traffic than anticipated and one year is a realistic time period for review of this matter. Commissioner Rosenston stated there are too many unknowns in this situation and it should be reviewed in one year. There was a consensus to go with one year for review and 800 square feet. Buffalo Grove Plan Comm-Regular Meeting-August 16, 1995-Page 6 Commissioner Rosenston asked that the motion be made subject to screening around the dumpsters. Chairman Goldspiel called for a vote on the motion and the vote was as follows: AYES: Krug, Rosenston, Samuels, Berman, Trilling, Lundine, Goldspiel NAYES: None ABSENT: Howard, Ottenheimer ABSTAIN: None CHAIRMAN'S REPORT -None FUTURE AGENDA SCHEDULE A memo was provided by Mr. Pfeil stating there would be meetings on September 6, 1995 and September 20, 1995 as well as a special meeting on September 13, 1995. STAFF REPORT -None NEW BUSINESS -None ADJOURNMENT Moved by Commissioner Berman, seconded by Commissioner Rosenston and carried unanimously to adjourn. Chairman Goldspiel closed the meeting at 10:15 p.m. Respectfully sub 'tted, ay in,/ ecording Secretary APP OVED BY: S P N GOL S , C • Buffalo Grove Plan Comm-Regular Meeting-August 16, 1995-Page 7