APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
The location of this evening’s meeting is 999 Civic Center, Senior Center.
The Niles Plan Commission and Zoning Board of Appeals were called to order
at 7:00 P.M.
Chairman Kanelos asked everyone to stand for the Pledge of Allegiance.
Present with Chairman Thomas Kanelos and Village Attorney Joseph
Annunzio was Vice-Chairman Karen Dimond along with Commissioners
Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and
Morgan Dubiel. Also present was Charles Ostman, Director of Community
Development and Bruce Sylvester, Senior Planner.
Chairman Kanelos asked if there were any additions, clarifications or
corrections to the minutes of June 2, 2014. There were none.
Commissioner Dubiel then moved to approve the minutes of June 2, 2014.
Seconded by Vice-Chairman Dimond, on roll call the vote was:
AYES:
7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter,
Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried.
OLD BUSINESS
14-ZP-18
Requesting approval of a Special Use Permit to allow a
firearms retail, indoor firing range, and firearms safety
training business at 6143 Howard Street, Niles, Illinois
60714 as provided in Appendix B, Section IX(B)(2)(m).
NEW BUSINESS
14-ZP-22
Requesting approval of a Special Use Permit to allow a
therapeutic massage business at 8951 North Milwaukee
Avenue (Assi Plaza Mall), Niles, Illinois 60714 as provided
in Appendix B, Section VIII(B)(3)(l).
14-ZP-23
Requesting approval of a Special Use Permit to allow a
dental clinic at 8031 North Milwaukee Avenue, Niles,
Page 1 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Illinois 60714 as provided in Appendix B, Section
VIII(B)(3)(nn).
14-ZP-24
Requesting approval of a Plat of Consolidation to
consolidate two parcels at 6630 Albion Street, Niles,
Illinois 60714 as provided in Appendix B, Section
XI(C.1)(3)(i).
14-ZP-25
Requesting approval of a Plat of Subdivision to move a
property line between the parcels located at 7449 and
7501 Natchez Avenue, Niles, Illinois 60714 per Appendix
B, Section XI(C.1)(3)(i).
Chairman Kanelos announced tonight there is old business and new
business. The old business is anticipated to be a lengthy discussion. He then
entertained a motion to hear the new business first so those folks can present
their cases and go home.
Commissioner Dubiel moved to take new business in the order it is listed
before the old business.
Seconded by Commissioner Schulter.
All seven members of the Zoning Board said aye.
There being seven (7) affirmative votes the motion carried.
Chairman Kanelos had a few opening comments based on the fact a lot of
discussion is anticipated for tonight. There is an issue of great importance to
many people. Firearms is an issue that people have great feelings for –
either for or against. There has been much discussion over the past few
weeks regarding this issue and regarding tonight’s public hearing. For this
reason he wants to give special care and attention to determining facts which
will facilitate the Board’s arrival at the proper recommendation based upon
Niles’ ordinances. He then gave background in regard to this Special Use
request and the criteria they must use when doing such a review. Under “old
business” for a Special Use permit is to place a firing range and firearms
sales at the property located at 6143 Howard St. We are not here to discuss
if a firing range or firearms sales should be allowed in the Village of Niles.
They are currently allowed in the M district under Village ordinance. That
issue is settled and is not part of the discussion tonight. On June 2, 2014 the
Plan Commission and Zoning Board of Appeals held a lengthy discussion and
public hearing regarding this petition. At that time the Zoning Board voted 6
Page 2 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
to 1 to recommend approval of the petition. In spite of complying with
several legal required methods of publicizing this petition prior to that public
hearing, there were no comments or questions from the public. The minutes
and recording of that meeting are a matter of public record. The
Commissioners are here tonight to once again review a specific request for a
Special Use to open a facility in an area in which it is currently allowed by
our ordinance. They have been asked to pay special attention to any safety
issues as they relate to proximity of surrounding schools to the proposed
Special Use. They are here to review, study and obtain the factual
information related to the specifics of this request which is being made under
an existing ordinance that allows this type of business in the M district.
When granting a Special Use, the members of the Board of Appeals must look
at three basic criteria as they produce their Findings of Fact: 1) is the
Special Use necessary for the public convenience at that location; 2) is the
Special Use designed, located and proposed so that the public health, safety
and welfare are protected; 3) will the Special Use cause substantial injury to
the value of other property in the neighborhood in which it is located. He
stressed and reminded the public and the Board of Appeals they must
consider evidence and facts, not emotion and opinion. The Board must leave
their own opinions aside and base their decisions on facts. With that in
mind, he informed everyone there will be ample opportunity for public
comment and he will stay as late as necessary to allow people to make their
comments. The questions and comments need to be fact based pertaining to
germane aspects of this case and to the Findings of Fact which must be made.
The proceedings tonight must be maintained with order and decorum. He
respectfully asked there be no outbursts, applause, booing, shouting over
individual speakers during or following comments. If any individual becomes
disruptive they will be removed from the hall. Each Commissioner will be
given three minutes to ask questions. They may be granted another three
minutes once all other Commissioners have had their opportunity to use their
initial three minutes. The discussion will take place through the Chair and
Commissioners will speak when they are recognized by the Chair. Repetitive
comments and questions will be determined to be out of order. The clock will
stop while the question is being answered. He asked members of the public
who would like to offer testimony this evening to sign in. Many already
signed in upon entry to the meeting hall. If anyone hasn’t signed in you may
still do so. When he calls for public comment, he will ask the people to come
to the microphone in order of signing in. He will first swear them in and then
ask for their name and address for the official record. They will each be given
three minutes to ask questions and/or offer fact-based comments. Again,
Page 3 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
questions must be germane to the three criteria outlined above. If they are
not, they will be ruled out of order. These rules are not an effort to quell
discussion but rather to facilitate effective discussion so the Board of Appeals
can make the decision which is in the best interest of the Village of Niles. As
stated earlier, the Commissioners have a responsibility to make their
decisions based on facts. With that in mind, he called for the first item.
Bruce Sylvester, Senior Planner, presented all the cases this evening.
14-ZP-22
Requesting approval of a Special Use Permit to allow a
therapeutic massage business at 8951 North Milwaukee
Avenue (Assi Plaza Mall), Niles, Illinois 60714 as provided
in Appendix B, Section VIII(B)(3)(l).
Mr. Sylvester said the first item tonight is a request to allow a medical
massage therapy business at 8951 Milwaukee Avenue in unit 203. Staff is
recommending approval of this request with one condition: only medical
massage therapy using the advanced pain relief medical massage therapy
devices as described by the applicant will be allowed. This is a request to
allow this type of therapy in the office building portion of Assi Plaza. It is
Staff’s opinion that several goals of the Comprehensive Plan would be
accomplished by approving this request including promoting commercial
corridor beautification and combating blight while preventing commercial
tenant space vacancies; the goal in the Comprehensive Plan of maintaining a
range of retail and service activities throughout the Village along key
corridors. Fire, police and engineering departments had no comment. The
requirements to provide a Special Use are provided on page 2 in the
Commissioners’ packets. It is the opinion of Staff this proposal does meet all
three required Findings of Fact.
Commissioner Dubiel said this request states it is limited to medical massage
therapy. Is there a general distinction between general massage therapy and
medical massage therapy?
Mr. Sylvester said the applicant uses a specific type of equipment as more of
a medical use. Since it is more of a medical activity, Staff is comfortable with
this type of business at this location. The applicant can describe the
equipment.
Page 4 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Commissioner Dubiel asked if this also allows the applicant to have general
massage.
Mr. Sylvester said only if it is associated with the medical treatment. The
applicant would be better able to answer this. He deals with a lot of sports
injuries and uses APR medical equipment. If muscle massage would be
necessary with this equipment, then it would be allowed. But it must be in
conjunction with this specific type of medical massage therapy.
Vice-Chairman Dimond asked if this would be the only facility like this in
Niles.
Mr. Sylvester said the applicant has one other location in Chicago. He is
trying to expand locations where he offers this particular service.
Commissioner Surace asked of this equipment is like the TENS unit that is
used in the medical field for pain.
Mr. Sylvester thought Commissioner Surace should ask the applicant this
question. If you look at the back of the packet, some of information regarding
the equipment is included there.
Chairman Kanelos asked if there were any other questions for Staff from the
Commissioners. There were none. There were no questions from the public
either. He then called the petitioner to the podium. The petitioner was not
present; a representative for the petitioner was not present either. At that
time, Chairman Kanelos entertained a motion.
Commissioner Nakanishi moved to approve case 14-ZP-22 requesting of a
Special Use Permit to allow a therapeutic massage business at 8951 North
Milwaukee Avenue, unit 203, in the Assi Plaza Shopping Center as provided
in Appendix B, Section VIII(B)(3)(l) with the following condition of approval:
only medical massage therapy using APR (advanced pain relief) devices will
be allowed; that the proposed massage business will provide needed services
for the public and will therefore provide public convenience; that Assi Plaza
Shopping Center is an appropriate location for a massage service business
such as the one proposed and the public health, safety and welfare will be
protected; the Special Use will not cause substantial injury to the value of
other property in the neighborhood in which it is proposed to be located.
Page 5 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Seconded by Commissioner Dubiel with a friendly amendment: the section is
Appendix B, Section VIII(B)(3)(l). Commissioner Nakanishi originally read it
as the number 1.
Commissioner Nakanishi accepted the friendly amendment.
On roll call the vote was:
AYES:
7
Nakanishi, Schulter, Dubiel, Troiani, Surace, Dimond,
Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried.
Chairman Kanelos added for all of tonight’s cases this Board is a
recommending Board to the Board of Trustees who can either confirm or
negate this decision. 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. Anyone in the audience who
would like to be informed as to the date this will be heard by the Board of
Trustees, leave your name and address with the recording secretary.
Chairman Kanelos called for the second item on the agenda.
14-ZP-23
Requesting approval of a Special Use Permit to allow a
dental clinic at 8031 North Milwaukee Avenue, Niles,
Illinois 60714 as provided in Appendix B, Section
VIII(B)(3)(nn).
Mr. Sylvester said this request is to allow a three station dental clinic at 8031
North Milwaukee Avenue. The applicants are proposing to take the lower
floor of a two story building. This is immediately north of Walgreens on the
east side of Milwaukee [north of Oakton]. Staff believes several goals of the
Comprehensive Plan would be accomplished by approving this request. This
would be similar to the goals of the previous item. It would prevent vacancies
along Milwaukee Avenue therefore promoting commercial corridor
beautification and combating blight; it would help maintain a range of retail
and service activities throughout the Village along key commercial corridors.
Fire, police and engineering departments had no comment. The three
requirements to provide a Special Use are provided on page 2 in the
Commissioners’ packets. It is the opinion of Staff this proposal does meet all
three required Findings of Fact. That is the basis for recommendation to
approve. Staff is not recommending any specific conditions of approval for
this business. There is an aerial photo included in the Commissioners’
Page 6 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
packets. This particular parcel has its own parking. There is also a letter in
the packet from the petitioners explaining the business, hours, number of
employees, etc.
Commissioner Dubiel wanted to clarify when the Commissioners hear the
police, fire and engineering departments have no comment, how do they
interpret that.
Mr. Sylvester said it means he sends the same packet to those departments
as the Commissioners receive, along with a cover sheet. If any of those
departments have comments or concerns, they will explain it on the cover
sheet and return it Staff. If they have no concerns or comments, they will say
so and also return the cover sheet.
Chairman Kanelos asked if there were more questions from the
Commissioners. There were none. He asked if there were questions from the
public for Staff. There were none. At this time he called the petitioner to the
podium.
Timothy Bashford, 3124 Melrose Court, Wilmette, IL 60091 approached and
was sworn in.
Chairman Kanelos asked if he had anything to add to Mr. Sylvester’s
presentation. He did not.
Commissioner Troiani asked what the hours of business would be.
Dr. Bashford answered normal business hours, six days a week, Monday
through Saturday.
Chairman Kanelos asked if there were any questions from the
Commissioners. There were none. He then asked if there were any questions
from the public. There were none. He entertained a motion.
Commissioner Dubiel moved case 14-ZP-23 be approved for a Special Use
Permit to allow a three station dental clinic at 8031 North Milwaukee
Avenue, Niles, Illinois 60714 as provided in Appendix B, Section
VIII(B)(3)(nn). This petition meets the requirements for a Special Use permit
and the Findings of Fact located in Section XI(H)(4) of the Niles Zoning Code
including these three items: the Special Use is necessary for the public
Page 7 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
convenience at the proposed location; that the Special Use is designed,
located and proposed to be operated so that the public health, safety and
welfare will be protected; the Special Use will not cause substantial injury to
the value of other property in the neighborhood in which it is proposed to be
located.
Seconded by Commissioner Schulter, on roll call the vote was:
AYES:
7
Dubiel, Dimond, Troiani, Surace, Nakanishi, Schulter,
Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried
Chairman Kanelos called for the third item on the agenda.
14-ZP-24
Requesting approval of a Plat of Consolidation to
consolidate two parcels at 6630 Albion Street, Niles,
Illinois 60714 as provided in Appendix B, Section
XI(C.1)(3)(i).
Mr. Sylvester asked the Commissioners to look at the third page of the Staff
report in their packet for this case. An aerial photo is provided showing the
subject property. As you can see, the property 6630 consists of two tax
parcels. One has frontage on Albion Ave; the small parcel has no frontage on
Albion but is directly to the north of [or behind]. The request is to combine
those two tax parcels into one lot of record through a plat of consolidation.
Staff’s recommendation is to approve the request. One of the goals of the
Comprehensive Plan is the consistent administration and enforcement of
residential development regulations. Police and fire did not have any
comments. Engineering department required one change to the initial plat
that was submitted for Staff review. That was the incorporation of side and
rear yard drainage easements. The applicant has made those changes and
they are reflected in the plat that is presented to the Board tonight. There
are some Findings of Fact you may chose to use if you do vote to recommend
approval of this item.
Chairman Kanelos asked if there were questions from the Commissioners for
Mr. Sylvester. There were none. He then asked if there were questions from
the public. Also none. He asked for the petitioner to approach the podium.
Zofia Mietus, 6559 N. Northwest Hwy., Chicago, IL came forward and was
sworn in. She had nothing to add to the presentation.
Page 8 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Chairman Kanelos asked if there were questions for the petitioner from the
Commissioners.
Vice-Chairman Dimond asked why she chose to consolidate these two parcels.
Ms. Mietus said to make it easier for tax purposes and pay one bill.
Chairman Kanelos asked if there were any more questions from the
Commissioners or the public. There were none. He then entertained a
motion.
Commissioner Troiani moved to approve 14-ZP-24 requesting approval of a
Plat of Consolidation to consolidate two parcels at 6630 Albion Street, Niles,
Illinois 60714 as provided in Appendix B, Section IX(C.1)(3)(i).
Seconded by Commissioner Nakanishi who proposed a friendly amendment.
It is supposed to be Section XI, not Section IX. It was accepted by
Commissioner Troiani.
On roll call the vote was:
AYES:
7
Troiani, Surace, Dimond, Nakanishi, Schulter, Dubiel,
Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried
Chairman Kanelos called for the final item of new business.
14-ZP-25
Requesting approval of a Plat of Subdivision to move a
property line between the parcels located at 7449 and
7501 Natchez Avenue, Niles, Illinois 60714 per Appendix
B, Section XI(C.1)(3)(i).
Mr. Sylvester said this is a request for a Plat of Subdivision. It is to move a
property line between two adjoining parcels. See the aerial photo on page 3
of the Staff report. The two properties are on the east side of Natchez. They
are both owned by the same entity. 7501 to the north; 7449 to the south. The
request is to move the current property line further south which would
enlarge the parcel at 7501 and reduce the parcel at 7449. Staff has reviewed
both parcels against the minimum lot requirements in the Zoning ordinance
and found that both parcels resulting from this proposed lot line change will
comply with the Village’s ordinances for minimum lot width and minimum lot
Page 9 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
area, etc. At the top of page 2 there are other considerations. The
Engineering department looked at this plat as there are some easement and
utility issues. On this site, the Village engineer has reviewed the proposed
plat and has determined that all necessary easements as well as right of way
dedications have been made. If you look at the plat, along the current lot 1,
which is to the south, that parcel extends further out toward the center line
of Natchez. One of the things required [which the applicant has agreed to do]
is to dedicate a small amount of land along the right of way which effectively
increases the width of the right of way so that it will be a consistent width
along that entire side of Natchez along both of these parcels.
The police and fire departments did not have any comments on this proposal.
In the middle of page 2 of this item, there are some Findings of Fact you may
wish to use if you chose make a recommendation for approval for this item.
The applicants are present.
Commissioner Schulter said on lot 2 it shows the existing utility easement on
that property. Is that staying or will it be abrogated?
Mr. Sylvester said it will stay. That is for an existing water main.
Chairman Kanelos then asked if there were any other questions from the
Commissioners or the public for Mr. Sylvester. There were none. He called
for the petitioner.
Sean McCarthy, 250 Little Melody Lane, Mettawa, IL came to the
microphone and was sworn in. He had nothing to add to the presentation
made by Mr. Sylvester.
The Commissioners had no questions for the petitioner. There were no
questions from the public for the petitioner. Chairman Kanelos then
entertained a motion.
Commissioner Dubiel moved to approve 14-ZP-25 requesting approval of a
Plat of Subdivision at 7449 and 7501 Natchez Avenue as provided in
Appendix B, Section XI(C.1)(3)(i). It meets the following Findings of Fact:
the Plat of Subdivision will allow a parcel line to be moved to allow additional
parking on one parcel and a redevelopment opportunity on the other. The
Plat of Subdivision will accomplish several of the goals of the Village’s 2030
Comprehensive Plan. The proposed parcels will also comply with all
applicable zoning requirements for the lot size and lot width.
Page 10 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Seconded by Commissioner Nakanishi, on roll call the vote was:
AYES:
7
Dubiel, Troiani, Surace, Dimond, Nakanishi, Schulter,
Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried
Chairman Kanelos called for the final item on the agenda. He made one
more request. As a matter of courtesy, people are free to hold their signs as a
matter of expression of their constitutional right. But he asked for courtesy
for the people sitting behind sign holders and not block the view.
14-ZP-18
Requesting approval of a Special Use Permit to allow a
firearms retail, indoor firing range, and firearms safety
training business at 6143 Howard Street, Niles, Illinois
60714 as provided in Appendix B, Section IX(B)(2)(m).
Mr. Sylvester stated this is a reconsideration of an item discussed at last
month’s Plan Commission meeting. It is a request for a new business to
allow firearm sales, an indoor firing range and firearm safety training at
6143 Howard Street. The Staff report given to the Commissioners is
basically the same as the one they had last month with some additional
information. After this item was discussed at last month’s public meeting of
the Plan Commission, it moved to the Village Board per standard procedure.
The Village Board asked that it be sent back to this body tonight to allow
further testimony and input from the public. The Village Board also asked
for information regarding the proximity and nearby businesses in the area to
take into consideration on whether or not to recommend approval of this
request. The new information included in the packet will be summarized in a
moment. He also received some new information after the packets were put
together for the Commissioners. He will distribute that as well. Starting on
page 2 of the packet, there is a table showing businesses and schools in the
vicinity of the proposed business at 6143 Howard St. Included is the New
Hope Academy, Joseph Academy and Niles West High School, St. Mary of the
Woods, Wildwood Elementary School and Ridgeview Daycare. In addition to
this table there is a fold out map [Attachment 1] that shows the
aforementioned businesses. After the map was distributed, it came to Staff’s
attention the distance to the closest school, New Hope Academy, is “as the
crow flies” distance. That is listed as 950 ft. Be aware if a person were to
walk between the two businesses, it would be more than that. All of the
distances on the map are direct “as the crow flies” measurements between
Page 11 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
two points. They are not distances a person would need to walk or drive.
Those distances would be larger than the numbers provided on the map in
Attachment 1. Also included in terms of new information for consideration is
information compiled by the police department. It is provided in Attachment
2. This is regarding other gun shops and/or indoor rifle ranges, firing ranges
in the Chicago Metro area. It also shows the distances between those
businesses and other existing businesses in the area, including daycare
centers, grammar and middle schools, high schools, park district facilities
and churches. Attachment 3 shows photographs of the closest school to the
proposed facility at 6143. These are photos of New Hope Academy at 6289 W.
Howard St. The entrance for that particular school faces Croname Road but
the address is Howard. In terms of new information being provided tonight
by the Niles Police Department is data of mass shootings and school
shootings within the last four years including the date, location, offender, age
of the offender, number of casualties, and current status of the offender,
weapons used, where the weapon(s) was obtained and other information
about the offender. That is Attachment 4. One of the handouts he will give
to the Commissioners now is an updated version of Attachment 4. It has the
same type of information but more of it. Last, another piece of new
information being provided tonight is a document [Attachment 5] entitled
“Tracing the Guns: the Impact of Illegal Guns on Violence in Chicago”. It is
dated May 27, 2014 and is fourteen pages in length. That was provided to
the Commissioners before tonight’s meeting. New information he will give to
the Commissioners is an updated version of information provided by the
police department. Last, at the request of one of the members of the Plan
Commission, is a list of all businesses in close proximity to the proposed gun
shop, indoor firing range and gun safety training business at 6143. He then
handed that information to the Board.
Chairman Kanelos asked the Commissioners to take a moment to look at
these new documents.
During this time there was a pause in the meeting.
Chairman Kanelos entertained a motion to enter these documents into the
record.
Vice-Chairman Dimond moved to have them entered into the record.
Seconded by Commissioner Dubiel, on roll call the vote was:
AYES:
7
Dimond, Nakanishi, Schulter, Dubiel, Troiani,
Page 12 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Surace, Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried
Commissioner Dubiel said there was additional evidence given to the
Commissioners by Village Attorney Joseph Annunzio.
Mr. Sylvester said in addition to the items mentioned above sent to the
Commissioners before the meeting, Village Attorney Joseph Annunzio did
find a document/report entitled “Does the Second Amendment Protect
Firearms Commerce?” This is also new information received before tonight’s
meeting but after the public hearing in June.
Chairman Kanelos said all the Commissioners received that information
several days ago. He then entertained a motion to enter it into the record.
Commissioner Dubiel moved to enter the Harvard Law Review piece titled
“Does the Second Amendment Protect Firearms Commerce?” along with the
email from Attorney Annunzio dated Wednesday, July 2, 2014 sent at
10:33 a.m. to the Village Board.
Seconded by Commissioner Surace, on roll call the vote was:
AYES:
7
Dubiel, Troiani, Surace, Dimond, Nakanishi, Schulter,
Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried
Mr. Sylvester had one last comment before finishing his presentation. One of
the schools listed on page 2 of the table is no longer at that location. Joseph
Academy has moved to Des Plaines. That school should not be included in the
table or the map attachment.
Chairman Kanelos asked if there were any questions for Mr. Sylvester from
the Commissioners.
Commissioner Dubiel said in the previous packet [June] there was more
information specific to this case. It is his understanding that remains part of
the Findings of Fact, is that correct?
Mr. Sylvester stated yes.
Page 13 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Chairman Kanelos said there will be a chance for the Commissioners to ask
the petitioners questions and they would be better able to answer such
questions. Staff will be available if there is a question from the
Commissioners but at this time he will call the petitioners to the podium.
Myles P. Cunningham, Jr., 919 Oak St., Winnetka, IL
Chris Hart, 3411 Mountain Vista Parkway, Provo, UT
John Mullarkey, 505 Forest Ave., Evanston, IL
Mr. Cunningham and Mr. Hart were sworn in. Mr. Mullarkey did not need to
be sworn in as he is an attorney and an officer of the court.
Mr. Cunningham felt the Village Staff covered everything as far as the
proximity issue that they [the petitioners] missed last time. They have done
a lot of research on this topic as well. A long time was spent putting this plan
together to get this business opened in Niles. They tried to leave no stone
unturned whether the research supported them or didn’t. They were not able
to find a correlation between the proximity of surrounding schools and safety.
They cannot find anything that says opening this use would make it any less
safe. Everything they found is actually to the contrary.
Mr. Hart said he functions as the range designer/consultant for this group,
Sportsman’s Club. He has built hundreds of ranges a year just like this
facility. Sportsman’s Club has gone above and beyond on the design of their
building for safety and sound considerations. Most people do the bare
minimum to meet code and be safe; this group has gone above all that for
safety and to be user friendly. In the past two months, he has been getting
ranges approved all around the Chicagoland area: Mokena, Alsip,
Bensenville and Bolingbrook. This is a current trend and you will see them
being adopted throughout the suburbs as they become more popular.
Chairman Kanelos asked Mr. Hart if he could give an example of how this
group went above and beyond in terms of safety.
Mr. Hart said some groups go to the bare minimum in equipment, for
instance a granulated trap or a steel trap to stop the projectiles. This group
has chosen a steel trap which costs a lot more money. It not only stops them;
it allows them to be recycled. It is a green technology that allows them to
reuse every bullet that’s fired in that range. The range ventilation system
they have chosen is the top of the line. It exhausts air that is cleaner than
Page 14 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
the air in the city that is going into the range. It is hospital grade air with
HEPA filters. In addition to that, this range is a retrofit into an existing
building. As such they are building a ballistic box within the existing
structure. So they have the ballistic structure and an additional barrier
beyond that with the existing building to contain both sound and any bullets
in the future. That’s how they’ve gone above and beyond.
Mr. Cunningham thought he should mention they realize this is a hot button
issue and obviously safety is a concern for everyone. They would like to offer
to anyone [if they are able to get this passed] an opportunity to come in, to
learn about this, work with the schools to see if there are programs the range
can do to help them feel more comfortable about what is going on in the
neighborhood. They are looking for this business to become a participating
member of the community; not just a business that will have its own people
coming and going. He wants it on record they will be “arms open” to work
with anybody. They will bring in specialists to do whatever it takes to try
and help neighbors and members of the community feel more comfortable
with this; at least those that aren’t currently comfortable with the use of and
the word gun.
Chairman Kanelos asked if there were questions from the Commissioners for
the petitioners.
Commissioner Dubiel had a question for Mr. Hart. Is this the first gun range
you are building in Illinois?
Mr. Hart said no. He said they are in the process of finishing the Niles Police
Department’s own range [in the building at Touhy and Milwaukee].
Commissioner Dubiel said previously Mr. Hart walked them through a layout
of what exactly a ballistic box is. Please do that again.
Mr. Hart said you have the primary impact surfaces which are the ballistic
ceiling baffles. They take the worst case scenario, someone shooting prone
[which means off the floor] which is 10 in. off the floor and they draw a
potential trajectory line across the ceiling. They make sure there is a 1-1/2
in. overlap on all those ballistic baffles. So even if someone were to shoot on
the floor, which typically is not done in these ranges, you would have full
ballistic containment throughout the ceiling. They also have the steel bullet
trap, which is AR500 steel. It can handle up to a 50 caliber. It doesn’t mean
Page 15 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
they are going to shoot that but it is designed to handle it. So it can handle
very high powered rounds if they chose to do so and actually recycle those
rounds. In addition, all the walls are concrete. They are basically building a
concrete bunker within an existing building. So there is a double layer of
protection for both ballistics and sound in that regard.
Commissioner Dubiel addressed Mr. Cunningham. He said he has an
extensive team that includes police officers from Chicago, Niles and other
locations. Do you have anyone who has retail gun store experience? And can
you be specific about that experience.
Mr. Cunningham said Mike Darga, on the team, worked at Maxon’s in
Lincolnwood for 25 years, the last 10 years as a manager of the operation.
One of their goals in doing this, since his personal team has no experience in
firearm sales, is to hire people that do have experience, especially someone
who has been doing this in the neighborhood for a very long time.
Commissioner Surace asked in terms of the sound, how many decibels
outside can be heard? If a person is walking outside, what would be the
decibel count if five or six people are shooting at the same time? Let’s say
lawnmowers are about 45 decibels.
Mr. Hart said the conversation he and Commissioner Surace are having,
without the microphones, would be at least 60 decibels between the two of
them. When you talk about a firearm discharging, you are in the
neighborhood of 160 decibels. OSHA regulates sound once you have a
sustained level above 80 decibels, so airports and things like that require
hearing protection. Hearing protection is worn at the range at all times.
Someone walking by the facility on Howard Street would hear passing semis
and trucks passing by in the 75 to 80 decibel range. He took sound tests prior
to last month’s meeting. With sound studies he has conducted at similar
ranges, they are typically in the mid 60s to 70 decibel range. Most passing
traffic will be louder than a gunshot within the facility.
Vice-Chairman Dimond asked Mr. Hart if he was the designer of the facility.
Mr. Hart said his company is the designer/range equipment company so they
build all the ballistic equipment and design the range itself.
Vice-Chairman Dimond asked if he stayed involved after the range is built.
Page 16 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Mr. Hart said they certainly do. One such is Megasports in Plainfield. It is
sixteen years old and it was one of Chicagoland’s first modern indoor ranges.
Vice-Chairman Dimond asked if he would be working for this organization.
Mr. Hart said he is employed by a company that provides parts and service
on an on-going basis but they don’t get involved in the operation.
Vice-Chairman Dimond said to Mr. Cunningham he has not operated a gun
range before or a firearm training school, or a gun shop of any kind, is that
correct? And it would also be true for his Vice-President James Oraha,
correct?
Mr. Cunningham answered that is correct. He said he, his staff, his partner
and the two other partners listed see themselves as hiring the best team
possible to come in and run this business. That’s why they have gone to law
enforcement to be in charge of the range.
Vice-Chairman Dimond said there are a number of officers listed in the
packet. None of them are going to be full time employees are they?
Mr. Cunningham said at this point, no. They are all active duty law
enforcement officers. He said they anticipate all the officers being there part
time.
Vice-Chairman Dimond said Mr. Cunningham mentioned someone earlier
who had retail sales in Des Plaines.
Mr. Cunningham answered that Michael Darga had experience in
Lincolnwood. He apologized for misspeaking earlier. Mr. Darga actually
worked for Shore Galleries in Lincolnwood.
Vice-Chairman Dimond wanted clarification about the ages of people who
would be allowed in the facility.
Mr. Cunningham said children as young as fourteen, if they are accompanied
by a parent or guardian. Without a parent they can come in at age eighteen.
Page 17 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Vice-Chairman Dimond asked if someone who is eighteen can rent a gun if
they don’t have a FOID card and use it to practice.
Mr. Cunningham said it is not correct. The person with the FOID card would
be allowed to rent a gun. No one can rent a gun in their facility, buy bullets
or buy a gun without a FOID card.
Vice-Chairman Dimond said so if an eighteen year old came in with a twentyone year old friend who had a FOID card, they could then rent a gun and
practice shooting.
Mr. Cunningham said the twenty-one year old could. The eighteen year old
could use it.
Commissioner Dubiel had a concern to the quality or qualification of the
employees. Does he have resumes with him this evening? Regarding
Michael Draga as the retail operations general manager – is he going to be a
full-time employee?
Mr. Cunningham said he will be a full time employee. He worked at Shore
Galleries for over twenty years. He was a manager there for ten years. He
will be directing the part-time workers. That includes Sgt. Nick Zakula of
the Niles Police Dept., head range master and firearms safety instructor.
Also Sgt. Christopher Papaioannou, Chicago Police Dept., facilities
supervisor, safety instructor and firearms expert; Sgt. Nick Zodo, Chicago
Police Dept., another range master and firearms safety instructor. They are
present tonight if you have any questions.
Chairman Kanelos called the officers to the podium.
Sworn in was:
Christopher Papaioannou, 5529 N Panama, Chicago
Nick Zodo, 7435 N Olcott, Chicago
Nick Zakula, 1006 E Golfview Dr, Mt Prospect
Commissioner Dubiel asked the officers to walk through their duties.
Mr. Papaioannou said he is currently a sergeant with the Chicago Police
Dept. He has been on the department for fifteen years. Throughout his
career he has been in various units. Currently he has the Area Central PSN
Page 18 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Gun Team. It is a federally funded gun team. He was on SWAT and several
other units. He has been blessed to travel and train throughout the country
with military and other law enforcement agencies. He is not a certified range
master but technically a safety officer. Every time they are at the range, they
are considered safety officers.
Nick Zodo is a sergeant with the Chicago Police Dept. He has been on the
department for eighteen years; a sergeant for eleven years. He made
sergeant in the organized crime division. He spent one year in Iraq through
the Defense Dept. as a security contractor where he was trained on every
weapon imaginable by the U.S. Military at Fort Hood, TX. Like Sgt.
Papaioannou, he is a range safety officer when his team goes to qualify and
keep up with training.
Sgt. Nick Zakula said he has been a Niles police officer for twenty-two years.
He has been a state certified firearms instructor since 2000. He has been the
Niles range master since 2010. He is the lead firearms and tactics instructor
for the Niles Police Dept. which includes rifles, pistols and all other impact
weapons. He does all the purchasing of weapons for the police department as
well as ammunition.
Commissioner Dubiel addressed Sgt. Zakula and said he regularly interacts
with the public. Does he feel he would be challenged to deal with someone
who wasn’t following range rules, such as a civilian with no military training?
Sgt. Zakula said he believes he can handle that.
Chairman Kanelos asked Mr. Cunningham about staff being full-time or
part-time. In the minutes at the last meeting he was asked the same
question. The following is taken from the June minutes: Mr. Cunningham
said he hoped they would eventually be full-time. They will start as parttime. However the coverage, meaning the number of individuals who have
significant experience in this industry, someone with experience will always
be on staff. Is that still correct?
Mr. Cunningham said it is still correct.
Chairman Kanelos said then during all of the open hours, even though these
gentlemen and others might be part-time, there will be coverage all the time
with an experienced professional.
Page 19 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Mr. Cunningham said 100%, yes.
Vice-Chairman Dimond asked the officers if they work full-time for their
respective police departments. And how many hours do they work a week?
Do any of them plan on quitting their jobs to work at this gun shop?
One officer answered forty hours. He is not currently planning on leaving his
full-time job but it depends how this goes. Another answered approximately
forty. He said he has eighteen years on and would consider it. Sgt. Zakula
said he works at least forty hours a week. Currently not leaving full-time
employment but will see how it goes.
Commissioner Dubiel asked Mr. Cunningham another question. Has he
scheduled these gentlemen as part-time workers because it is a start-up? As
business builds you need more full-time staff, correct?
Mr. Cunningham answered that is correct. He will have some full-time
employees from the beginning, but they always plan on having off-duty police
officers working part-time until they can arrange to get retired officers to be
full-time.
Commissioner Dubiel asked about Mr. Darga, who was at Shore Galleries for
twenty-two years. Is he going to be full-time?
Mr. Cunningham answered 100%.
Vice-Chairman Dimond said on Attachment 5 in their packets, the
Commissioners received information about a publication, “Tracing the Guns:
The Impact of Illegal Guns and Violence in Chicago.” On page 10 of that
report it comes to the conclusion that many guns used in gun crimes are
initially purchased by legal purchasers but end up being trafficked in the
hands of individuals that shouldn’t have them. It lists many measures
dealers can take to make sure their guns don’t end up in crimes. Are there
going to be employee background checks?
Mr. Cunningham said they will do background checks on all employees.
Vice-Chairman Dimond wants to know if there are any theft safety plans.
There are none in the report, is that right?
Page 20 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Mr. Cunningham answered he doesn’t know how they will do it, but they will
have a secure store like any retail store but with additional measures
because of dealing with ammunition and guns.
Vice-Chairman Dimond wants him to be more specific because the report
says 16,000 guns were reported lost or stolen from dealers across the country
in 2012.
Mr. Cunningham said he could start with theft from off hours. They are
building a building inside of a building. There will be roll down steel doors
across any access point of entry. There will be cameras inside and outside
the building. There will be lighting throughout the parking lots that are
motion sensitive so if any vehicle came in the lot during off hours, the lights
will go on as well as an internal security system.
Vice-Chairman Dimond asked him if he looked at the report.
Mr. Cunningham said he has not. He was not given that particular report.
He thinks it got to the Commissioners after the publications. He cannot
speak to that report since he hasn’t seen it.
Chairman Kanelos said for the record this report doesn’t draw any kind of
correlation between schools in the area and gun sales in the area.
Commissioner Schulter asked again if this is Mr. Cunningham’s first venture
into this type of business. And does he have any immediate plans to open
another like-kind facility in another town?
Mr. Cunningham answered it is not his first venture into retail but into a
firearms range and sales, yes. There are no plans to open another facility.
Right now the goal is to make this the premier facility of this type anywhere
in the Midwest if not the country. He believes it is going to take some time.
Commissioner Schulter said if the Village was to approve this and it did go
well, would he plan on expanding into other villages.
Mr. Cunningham said it would be premature to guess that.
Page 21 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Chairman Kanelos said he’d like to focus on safety issues as they relate to
what the Board has been charged with when this item was sent back to this
Board.
Commissioner Dubiel said last month this group presented a large dossier
covering all the safety aspects that were already committed to be put into
action. Shore Galleries takes not only a FOID card but also a driver’s license
to match existing addresses. Is that part of your plan?
Mr. Cunningham said absolutely. To open this business you must obtain an
FFL license from ATF. We will work with them on anything necessary to
prevent straw buyers. They will be in close contact with the Niles Police
Dept. as well to make sure all the latest steps are followed.
Vice-Chairman Dimond asked Attorney Annunzio if the many questions
asked at the last meeting will be part of the record.
Mr. Annunzio answered yes.
Chairman Kanelos said there being no other questions from the
Commissioners, he will open the floor. He asked the petitioners to stay
nearby in case they are needed to answer specific questions. He also expects
that many of the comments will be just that – comments. As long as they
address the issue of safety and the proximity of the school to the gun range,
they will be entertained and you will be given your full three minutes. If they
are not relevant to that topic, you will be asked to move on to something that
is. If you cannot do that then you can finish your time. If the petitioners
come back to answer any questions, they are still under oath. He will start
with page 1 of the sign in sheets calling the names in order.
The following people were called to the podium. Chairman Kanelos swore
each of them in and they were able to voice their comments.
Those in favor:
Billy Haido
Don Kahn
Todd Vandermyle
Joe Florest
Al Schafer
Patrick Foy
8650 N Shermer Rd, Niles
7520 W Kirk, Niles
2341 Iroquois, Yorkville
8713 N Olcott Ave, Niles
8260 Monroe, Niles
6807 N Milwaukee, Niles
Page 22 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
A Amelio
Harold Cohon
Alice Gutenhauf
Stan Bartkus
Joe Lubomski
John Perbohner
Mike Weisman
Greg Bedell
Joe Kowalczyk
Dan Cox
Connor Hendricks
Marc Jens
Ed Riordan
Chris Kowalski
George Alpogianis
Brad Belden
Brad Joseph
Jerry Szczepanski
Joel Siegel
Peter Alexopoulos
Art Elarksen
Verna Park
Janet Gonzalez
Gabriel Gonzalez
Steve Zahaveos
Bob Zalesny
David Carrabotta
Joe Walsh
Anna Cienkowski
2201 Mary Jane, Park Ridge
9237 National, Morton Grove
8425 Mason, Morton Grove
2653 W George, Chicago
6418 N Newark, Chicago
9124 Kenton, Skokie
2N125 Virginia, Glen Ellyn
1843 Culver, Glenview
8206 W Park Ave, Niles
593 W Galeton, Round Lake
3104 Chatfield Dr, Highland Park
7609 N Milwaukee, Niles
6952 W Farragut, Chicago
512 Hingham Ln, Schaumburg
7131 Riverside, Niles
17 Larkdale, Deerfield
10 E Ontario St, Chicago
6851 Dobson St, Niles
7112 Lincoln Ave, Lincolnwood
8053 N Ozark, Niles
P O Box 2, Arlington Heights
9003 Grace, Niles
7320 N Nora, Niles
7320 N Nora, Niles
820 Pondview Dr, Schaumburg
8460 Chester, Niles
8049 Oconto, Niles
7840 Neva, Niles
700 Cobblestone Circle, Glenview
Those opposed:
Mike Jackson
Beth Dancy
Ben Greenberg
Fany Praxedis
Amy Dunn
Jean Hedstrom
Paul Schweri
Ticia Doughty-Ashcroft
Jon Tichota
9004 Samoset Trail, Skokie
34317 N Haverton, Gurnee
610 S Michigan Ave., Chicago
6712 N Drake, Lincolnwood
8309 Tripp, Skokie
5313 George, Skokie
5867 N Kingsdale, Chicago
6856 Oakton, Niles
8325 Tripp, Skokie
Page 23 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Susan Danzig
Brandy Larrance
Jeanne Bishop
Laura Frisch
Ellen Chiocca
Avram Sacks
Louella Preston
Rosanne Malinowski
Lisa Kaihara
Todd DeStigter
Michael Nameche
Joe Nakanishi
Linda Sorin
Kim Conenna
1320 W Columbia, #206, Chicago
22W384 Teakwood, Glen Ellyn
832 Cherry St, Winnetka
5830 Crain St, Morton Grove
736 Central St, Evanston
3809 Enfield Ave, Skokie
9267 N Maryland, Niles
8130 Elmore, Niles
5238 Mulford, Skokie
6907 Birchwood, Niles
9407 Kildare, Skokie
6620 Wood River, Niles
8213 Hamlin Ave, Skokie
7256 N Nora, Niles
Those not present when their names were called:
Jonathan Cohon
2322 N Sacramento, Chicago
Carolyn White
510 Fifth St, Wilmette
Beverly Copeland
9323 Olcott, Morton Grove
Chris Papaioannou
5529 N Panama, Chicago
Brendan Hagerty
7743 Myrtle Ave, Chicago
Eric Bonatz
1426 Linden, Park Ridge
Eduardo Gomez
4501 Kirk St, Skokie
George Shiba
5215 Wright Terrace, Skokie
Carol Mason
8022 Overhill, Niles
Dale Zilligen
8419 N Chester, Niles
Garrett Evans
Chicago
Zofia Mietus
6630 Albion, Niles (petitioner for item 14-ZP-24)
Janet Lee
6921 Fargo, Niles
Charles Farra
7136 W Keeney, Niles
Loretta Farra
7136 W Keeney, Niles
Jean Frost
5400 N Melvina, Chicago
It is not clear where these people stand with their point of view:
Eileen Soderstrom
2204 W Greenleaf, Chicago
Bob Brownlow
7132 W Monroe St, Niles
Ellyn Jacobson
4444 N Dover, Chicago
Joshua Potts
5 E 14th Place, Chicago
Carla Willis
1333 Maple Ave, Evanston
Vincent Bottom
2350 N Clifton, Chicago
Page 24 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
Jennifer Lande
James B Smith
8027 Kilbourn, Skokie
737 Forestview, Park Ridge
Chairman Kanelos thanked everyone for being patient during these
proceedings. He will now allow each Commissioner a minute to ask a final
question. There will be no follow-ups.
Vice-Chairman Dimond wanted to ask questions to the owner of New Hope
Academy, Brandy Larrance. How many children are in New Hope School?
What are the ages? Are they there every weekday? Are there restrictions for
keeping them in school, for instance, if an older child wanted to walk away?
What type of illnesses do the children have? If this gun shop and range were
to open at the proposed location, do you think it would affect the value of the
property?
Ms. Larrance answered 65 children, ages 11 thru 21. The school operates
eleven months out of the year Monday through Friday. She said their policy
is if a student leaves the building, they call the police. The students have
emotional disabilities, learning disabilities, other health impairments and
autism. She said many parents have come to her and are very concerned
with this issue. She believes this would significantly impact her business.
Commissioner Troiani said this reminds him of what the Village went
through with the off-track betting issue [OTB]. They have never had any
trouble with it and people said then that wrong people will be coming in. It
hasn’t happened. He feels there won’t be any trouble with this organization
either.
Chairman Kanelos has a final question he will ask Police Chief Dean
Strzelecki. He came forward and was sworn in.
Chairman Kanelos asked if heard on the news about the shootings over the
4th of July weekend in Chicago. How many were there? Are there any gun
shops that sell guns in the city of Chicago? Does the Niles Police Dept. still
support this petition and feel the safety issues are not……….
Chief Strzelecki said he had heard of the shootings. There were 82 shootings
and 14 shot and killed. He is not aware of gun shops that sell guns in the city
of Chicago. But you might ask that question of Chicago police officers in
attendance here tonight. Yes, the police department does support this
Page 25 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
petition. Even though the police department range is being rebuilt, this
would be a highly sophisticated facility. The police will use this for more
tactical training along with other chiefs in the area who will also contract
with this group if Special Use passes.
Chairman Kanelos said before he entertains a motion, he would like to repeat
one comment to the Commissioners. This is a tremendous group of people.
He’s worked with some of them for seven or eight years. They take their
responsibility seriously but he would like to remind the Commissioners they
have a responsibility to make recommendations based upon facts, not
emotions or personally held beliefs. They are deciding based upon the
criteria necessary for Findings of Fact. We must all put feelings and political
opinions out of our minds and vote based on facts presented. That is this
Board’s obligation. He now entertained a motion.
Commissioner Dubiel moved on item 14-ZP-18 and recommends the Village
Board approve a Special Use Permit to allow firearms sales, indoor firing
range, and a firearms safety training business at 6143 Howard Street per
zoning code Appendix B, Section IX(B)(2)(m) with the following conditions of
approval.
Item 1. All procedures including the applicants’ range safety and range
security plan as provided on pages 18 – 44 of that document must be followed
at all times.
Item 2. All applicable environmental protection rules must be satisfied
including those for lead abatement and air quality.
Item 3. The business shall comply with noise ordinances at all times.
The evidence entered in today meet the criteria for the Findings of Fact
spelled out in Section XI (H)(4) of the Niles zoning code. It provides three
specific standards, all of which have been met. The proposed business is
necessary for the public convenience and will allow Niles residents to
purchase firearms and firearms accessories, practice the use of firearms and
receive firearms safety training locally and the proposed used will therefore
provide a public convenience. It is also designated, located and proposed to
be operated so that the public health, safety and welfare will be protected.
This business is designed to specifically mitigate the public health and safety
concerns associated with the sale of firearms and indoor firing range;
specifically a safety plan, indoor air quality systems and lead abatement
procedures have all been created by the applicant. The business is proposed
to be located in the Village’s Manufacturing Zoning District, which is an
appropriate location for such a business and the business will be located more
Page 26 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
than 100 feet away from the closest school, park or place of worship. Also
this business will not cause substantial injury to the value of other property
in the neighborhood in which it is proposed to be located.
Seconded by Commissioner Surace.
Vice-Chairman Dimond said now that this motion is on the floor she would
like to address it and believe argument by the Board members is appropriate
once there is a motion on the floor. She would like to say why she believes
each one of the criteria has not been met. First of all she does not believe this
proposed business is necessary for the public convenience. Niles residents
can already buy rifles at Dick’s [Sporting Goods] and receive training at the
concealed carry safety and personal defense business which was just
approved and opened right down the street from this institution. They can
receive Illinois concealed carry license, training and state of the art laser
equipment for marksmanship training. That is already open at the corner of
Milwaukee and approximately Howard Street. Residents can also purchase
other types of guns and attend shooting ranges in Des Plaines and
Lincolnwood; also heard tonight, there is a firing range in Morton Grove.
There are plenty of other businesses where individuals can receive the type of
training they wish and purchase guns in the North Shore area. Also heard
tonight was testimony that Niles taxpayers have already paid for a shooting
range at the Niles Police Dept. She understands they might want additional
types of training, but the taxpayers are already re-doing the shooting range
for the Niles Police Dept. Whenever a Special Use is approved, it has to be
established it’s met each one of three criteria. She doesn’t think it has met
that criteria, but she also doesn’t think it has met the other two criteria for a
Special Use to be granted. Next one, it has to be demonstrated that a Special
Use has been designed, located and proposed to be operated so that the public
health, safety and welfare will be protected. Here her great concern is that
the owners and operators of the facilities have no experience running gun
shops, firing ranges or any parts of the type of business they are intending to
open. The only person who is going to be affiliated with their store [don’t
know for sure yet] has twenty years of experience at Shore. Now Shore is one
of the four stores that sold most of the guns that were used in crimes in the
Chicagoland area. She doesn’t know if this is really a good person to bring on
staff. He’s the only person who has had any experience and purportedly
going to show other people how to run the business, she presumes, in terms of
retail activity. So again, she doesn’t think it has been designed to protect the
public health, safety and welfare. She doesn’t think they have demonstrated
Page 27 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
that the business will not cause substantial injury to the value of other
property in the neighborhood. First of all, she is very concerned about New
Hope School. The Commissioners heard from the owner who believes her
business will be impacted. The Board also heard from parents who are very
concerned about. They don’t like the fact their children, who are emotionally
disturbed, will be going to a school near a gun range. Also heard was a
Special Ed administrator who coordinated special education at New Hope
saying that would be a problem. She would not advise students to be placed
there were she in the position she used to be in. This meeting also heard
from homeowners who say they believe their property will be devalued if they
end up located next to a gun range. This Board has never in the past
required appraisals from homeowners to demonstrate the value of their
property is going to be devalued if an undesirable use goes near it. That has
been accepted in the past and it should be accepted here too. She said they
also heard from a few individuals that they would be less likely to shop at
other stores near this facility were it to open. Therefore she doesn’t think the
applicants for this Special Use have demonstrated that their business will
not cause substantial injury to the value of other property in the
neighborhood. Therefore because she believes this evidence has shown not
one of any of the three criteria for a Special Use has been met, she believes
they should vote no with respect to this application for a Special Use.
Chairman Kanelos asked if there were any other comments by the
Commissioners. There were none. He closed with a couple of comments. At
this point, while you can purchase a long gun at Dick’s in the Village of Niles,
there is no place to purchase a legal handgun. By that fact alone it is
necessary for the public convenience at that location. He also said it is
factually incorrect to say that Shore sold most of the guns involved in crimes.
There has been no evidence placed into effect to that case.
Vice-Chairman Dimond said she stands corrected. They were one of the four
stores that sold those guns.
Chairman Kanelos said Vice-Chairman Dimond had her turn and now he is
commenting. They have been told one of three qualified police officers with
extensive training will be on staff at all times. They have heard other
homeowners express no concern over their property values so what he would
put forth is what they have had tonight is a lot of opinion from some people
and very little factual evidence. The factual evidence that has been
presented seems to be there is no correlation between the location of a gun
Page 28 of 29
APPROVED
MINUTES OF THE MEETING OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
VILLAGE OF NILES
COOK COUNTY, ILLINOIS
July 7, 2014
shop and violence at the schools. It is his opinion that this petition meets all
three of the requirements and he would recommend that it would be passed
to that effect. There being no other comments he asked Commissioner
Troiani to call the roll.
On roll call the vote was:
AYES:
5
Dubiel, Troiani, Surace, Schulter, Kanelos
NAYS:
2
Dimond, Nakanishi
There being five (5) affirmative votes the motion carried.
Chairman Kanelos then entertained a motion to adjourn.
Commissioner Dubiel moved to adjourn.
Seconded by Commissioner Troiani, on roll call the vote was:
AYES:
7
Dubiel, Troiani, Surace, Dimond, Nakanishi, Schulter,
Kanelos
NAYS:
0
There being seven (7) affirmative votes the motion carried.
The meeting adjourned at 11:23 p.m
Robert Deal, 2523 Pick Drive, Glenview, Illinois 60025 (847.804.0891) would
like to be notified of the Board of Trustees meeting.
Kathleen Janessa, Recording Secretary
Page 29 of 29