Board of Trustees — Skokie, IL
Date: 2012-08-06

MONDAY, AUGUST 6, 2012 – 8:00 P.M.

 1. Pledge of Allegiance led by Village Clerk Marlene Williams.

 2. Call meeting to order and roll call.

 3. Approve Consent Agenda.

* 4. Approve, as submitted, minutes of regular meeting held July 16, 2012.

* 5. Approve Voucher List #6-FY13 of August 6, 2012.

* 6. Proclamations and Resolutions.

 7. Recognition, Presentations and Awards.
 A. Recognition:
 Bicycle Rodeo Day 2012 Winners

 8. Appointments, Reappointments and Resignations.
 A. Swearing in of the following personnel by the Board of Fire and Police:
 Name Old Position New Position
 John Hoffman New Hire Firefighter
 Matthew Kochajkiewicz New Hire Firefighter
 Kevin Lieder New Hire Firefighter
 B. Appointments:
 Appearance Commission (Three-Year Term): Swearing in of Julie Naumiak by
 Mayor George Van Dusen
 * Human Relations Commission (Three-Year Term): David Donegan
 * C. Reappointment:
 Fine Arts Commission (Two-Year Term): Karyn Israel
 * D. Resignations:
 Commission on Family Services: Edward Reed
 Sustainable Environmental Advisory Commission: Romil K. Sood

 9. Report of the Village Manager.
 A. Oakton Street Skokie Swift Station Auxiliary Improvements.
 * B. Old Orchard Road/Skokie Boulevard Intersection Improvement Project
 Intergovernmental Agreement with the County of Cook.
 * C. Bid Report – Self Contained Breathing Apparatus – Air One Equipment Inc., South
 Elgin, IL - $369,645.
 * D. Purchase of FY2013 Police and Evidence Technician Vehicles – Currie Motors,
 Frankfort, IL - $137,635.00 and Miles Chevrolet, Decatur, IL - $26,432.75.

 10. Report of the Corporation Counsel.
 CONSENT:
 * A. An ordinance providing for the repeal of various ordinances granting special use
 permits and site plan approvals at multiple locations within the Village of Skokie.
 This item is on the consent agenda for second reading and adoption.
 * B. An ordinance granting a special use permit to establish and operate retail sales at
 8043 Lawndale Avenue, Skokie, Illinois in an M2 Light Industry district (2012-24P).
 This item is on the consent agenda for second reading and adoption.
 * C. An ordinance vacating the western portion of the east-west alley north of and
 adjacent to 4854-4856 Elm Street, Skokie, Illinois, within an area bounded by Lee
 Street, Skokie Boulevard, Elm Street and Commonwealth Edison Company property,
#408100
 in an M2 Light Industry district (2012-26P). This item is on the consent agenda for
 second reading and adoption.
 * D. An ordinance amending the zoning map with regard to the property located at 4854-
 4856 Elm Street, Skokie, Illinois from an M2 Light Industry district to an R4
 Multifamily Housing district (2012-27P). This item is on the consent agenda for
 second reading and adoption.
 FIRST READING:
 E. A resolution approving a plat of subdivision for the property located at 3945
 Dempster Street, Skokie, Illinois in a B2 Commercial district. This item is on the
 agenda for first reading and adoption.
 SECOND READING
 F. An ordinance amending Chapter 18, Articles I, II and III, of the Skokie Village Code
 pertaining to animals. This item is on the agenda for second reading and adoption.

 11. Unfinished Business.

 12. New Business.
 A. Modified Review Plan Commission Case 2005-2P – Second Floor Dwelling at Skokie
 Theater: 7924 Lincoln Avenue
 B. Modified Review Plan Commission Case 2008-24P – Or Torah Synagogue
 Expansion: 3800-3838 Dempster Street

 13. Plan Commission.
 A. Plan Commission Case 2012-25P – Special Use Permit for Outdoor Dining: 3700
 Touhy Avenue
 B. Plan Commission Case 2012-28P – Special Use Permit for Child Day Care: 8950
 Gross Point Road #400
 C. Plan Commission Case 2012-29P – Zoning Chapter Amendment: Fence Height

 14. Citizen Comments.

 15. Adjournment.




#408100
 A
 st
 JPH: 7/16/12 1 Reading
 *8/6/12
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-8-Z-


 AN ORDINANCE PROVIDING FOR THE REPEAL OF VARIOUS
 ORDINANCES GRANTING SPECIAL USE PERMITS AND SITE PLAN
 APPPROVALS AT MULTIPLE LOCATIONS WITHIN THE
 VILLAGE OF SKOKIE

 1 WHEREAS, from time to time, the Mayor and Board of Trustees of the Village of
 2 Skokie have adopted various ordinances granting special use permits (hereinafter “SUP”) and
 3 site plan approvals (hereinafter “SPA”) at different locations within the Village of Skokie; and

 4 WHEREAS, many of these uses for which the aforementioned SUPs and SPAs were
 5 granted no longer exist or were never constructed and therefore should be repealed; and

 6 WHEREAS, the Community Development Department staff has conducted a detailed
 7 review of SUPs and SPAs. It has been determined that 19 are no longer applicable because
 8 the properties are not being used in a manner consistent with the approving ordinance. A brief
 9 description of the SUP and SPA Ordinances to be repealed is attached hereto as Exhibit “1”;
10 and

11 WHEREAS, notices were sent to the property taxpayers of record for the properties
12 affected by the 19 SUP and SPA Ordinances informing them: (i) the ordinance granting their
13 respective SUP or SPA was going to be repealed due to inactivity; and (2) they should contact
14 the Community Development Department if they objected to the repeal. No responses were
15 received; and

16 WHEREAS, the Director of Community Development and the Corporation Counsel
17 recommended to the Mayor and Board of Trustees that the 19 ordinances as outlined in
18 Exhibit “1”, granting SUPs and SPAs for uses which no longer exist, or were never
19 constructed, be repealed; and

20 WHEREAS, the repeal of these ordinances will reduce the number of active ordinances
21 resulting in improved enforcement; and

22 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on July 16,
23 2012, concurred in the aforesaid recommendation;

24 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
25 Village of Skokie, Cook County, Illinois:

26 Section 1: That the following Village Ordinances, listed by Village Ordinance
27 Numbers, be and the same are hereby repealed:




 Page 1 of 4
 VOSDOCS-#406594-v1-Ordinance__Repeal_of_Inactive_Special_Use_Permit_Ordinances__2012
 1 61-9-Z-52 76-3-Z-905
 2 80-10-Z-1310 81-6-Z-1367
 3 09-3-Z-3668 83-8-Z-1550
 4 86-11-Z-1834 85-3-Z-1702
 5 86-6-Z-1795 89-6-Z-2035
 6 90-4-Z-2129 90-9-Z-2179
 7 95-11-Z-2541 00-2-Z-2878
 8 07-11-Z-3558 07-10-Z-3553
 9 08-9-Z-3636 10-9-Z-3791
10 Special Use Map Number 4.01, approved September 8, 1959, but no
11 ordinance number assigned to it.
12
13 A list of the above stated ordinances with a brief description of each is attached hereto as
14 Exhibit “1.”
15
16 Section 2: That any previous Village Ordinances which were repealed by those
17 Ordinances listed in Section 1, shall remain repealed and are null and void. Nothing in this
18 Ordinance shall be construed to reinstate the previously repealed ordinances.
19 Section 3: That this Ordinance shall be in full force and effect from and after its
20 passage, approval and recordation as provided by law.
21
 ADOPTED this day of August, 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my Approved by me this day of
 office this day of August, 2012.
 August, 2012.


 Mayor, Village of Skokie
 Village Clerk
22
23
24
25




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 VOSDOCS-#406594-v1-Ordinance__Repeal_of_Inactive_Special_Use_Permit_Ordinances__2012
Exhibit 1
 JPH: *8/6/12
 B
 PC: 2012-24P
 SUP: 393.01
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-8-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ESTABLISH
 AND OPERATE RETAIL SALES AT 8043 LAWNDALE AVENUE,
 SKOKIE, ILLINOIS, IN AN M2 LIGHT INDUSTRY DISTRICT

 1 WHEREAS, the owner of the following described real property:

 2 LOT 10 IN BLOCK 3 IN WITTBOLD’S RAPID TRANSIT GARDENS, A SUBDIVISION OF
 3 LOT 6, IN SUPERIOR COURT PARTITION OF THE EAST ½ OF THE SOUTHEAST ¼
 4 OF SECTION 22, AND THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 41 NORTH,
 5 RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
 6 ILLINOIS.
 7 PIN: 10-23-332-005-0000

 8 more commonly described as 8043 Lawndale Avenue, Skokie, Illinois (the “Subject
 9 Property”), petitioned the Village of Skokie for a special use permit to establish and operate
10 retail sales in an M2 Light Industry district; and

11 WHEREAS, the petitioner, on behalf of Seafood Express, desires to establish a small
12 specialty seafood retail display area within the front portion of the building which contains a
13 wholesale seafood business; and

14 WHEREAS, the retail sales portion of the Subject Property will not exceed 5,000
15 square feet or 10% of the total gross floor area, which is the maximum area allowed for limited
16 retail uses in industrial districts pursuant to Section 118-171 of the Skokie Village Code; and

17 WHEREAS, the retail display area will have pictures and brochures of the seafood
18 products for sale. No product shall be permitted in the retail display area. All sale products will
19 be distributed from the warehouse to customers’ vehicles in the parking lot at the back of the
20 building; and

21 WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on May
22 17, 2012, for which no interested parties appeared and proper legal notice had been
23 achieved, heard testimony from the Community Development Department staff and the
24 petitioner; and

25 WHEREAS after hearing all testimony, the Skokie Plan Commission: (a) made the
26 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code
27 and (b) voted to recommend to the Mayor and Board of Trustees that the requested special
28 use permit be granted subject to the conditions contained in the Plan Commission Report
29 dated July 2, 2012; and



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 VOSDOCS-#408669-v1-Ordinance__2012-24P__SUP__Retail_Sales__8043_Lawndale
 1 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on July 2,
 2 2012, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan
 3 Commission;

 4 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
 5 Village of Skokie, Cook County, Illinois:

 6 Section 1: That the special use permit requested by the petitioner to establish and
 7 operate retail sales at the Subject Property, described above and commonly known as 8043
 8 Lawndale Avenue, Skokie, Illinois, in an M2 Light Industry district be and the same is hereby
 9 granted and approved subject to each of the conditions set forth below:
10 1. The petitioner shall operate and maintain the retail display area in substantial
11 conformance with the Floor Plan received April 11, 2012;
12 2. Prior to the establishment of the retail display area, the property owner must:
13 A. Stripe two 9-foot-wide by 16-foot-deep parking spaces behind the building,
14 B. Install a wheel stop at each of the 2 parking spaces behind the building at a
15 distance of 2 ½ feet from the rear wall;
16 3. No seafood products shall be permitted to be located in the retail display area;
17 4. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
18 landscaping, structures, and any other facilities or infrastructure on the Subject Property
19 must be maintained in a good state of repair, and when needed, be repaired or replaced
20 in a timely manner;
21 5. Parking lot and exterior lighting must meet IES standards, be full cut-off design and be
22 directed away from adjacent properties, subject to the approval of the Engineering
23 Division;
24 6. All off-street parking spaces must be legibly striped and maintained;
25 7. All modifications to building elevations, signage, and landscaping shall be subject to the
26 review and approval of the Skokie Appearance Commission;
27 8. All signage must conform to the Skokie Village Code. Any sign on the Subject Property
28 that is in violation of that Code must be removed or modified to conform with the Village
29 Code prior to the issuance of an occupancy permit;
30 9. Vehicles must always be parked between, and not overlap, the striped lines of
31 designated parking spaces and must not block driveways, sidewalks, aisles, or other
32 points of access;
33 10. All private and public sidewalks must be maintained free of snow, ice, sleet, or other
34 objects that may impede travel;
35 11. All landscaping must be maintained to a maximum height of 30 inches for a distance of
36 15 feet from any vehicular access point or intersection in order to maintain adequate
37 sight distance;
38 12. All buildings must meet current International Building and NFPA Life Safety Codes as
39 amended;
40 13. Prior to the issuance of building permits, the petitioners must submit to the Planning


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 VOSDOCS-#408669-v1-Ordinance__2012-24P__SUP__Retail_Sales__8043_Lawndale
 1 Division of the Community Development Department the name, address, and telephone
 2 number of the company and contact person responsible for site maintenance in
 3 compliance with the special use permit;
 4 14. If work is to be performed on public property or if public property is utilized or impacted
 5 during construction and/or development, the owner shall provide, or shall cause the
 6 developer and/or contractor to provide, the Village of Skokie with a certificate of
 7 insurance naming the Village of Skokie as additionally insured for any and all claims
 8 related to any and all work. The owner shall hold, and shall cause the developer and/or
 9 contractor to hold, the Village of Skokie harmless and indemnify the Village for any and
10 all claims for property damage or personal injury related to work on or use of public
11 property;
12 15. The petitioners shall comply with all Federal and State statutes, laws, rules and
13 regulations and all Village codes, ordinances, rules, and regulations;
14 16. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to
15 initiate hearings to determine whether the subject Ordinance, as well as any applicable
16 business licenses, should be revised or revoked; and
17 17. The petitioners shall pay all costs related to any hearings conducted as a result of non-
18 compliance with any of the provisions of the enabling ordinance. The costs shall include
19 but not be limited to court reporter fees, attorney fees, and staff time required
20 researching and conducting said hearing.

21 Section 2: That a notice of the approval of this Ordinance incorporating the
22 conditions contained herein shall be executed by the owner of the property in writing and
23 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense.

24 Section 3: That this Ordinance shall be in full force and effect from and after its
25 passage, approval and recordation as provided by law.
26 ADOPTED this day of August 2012.
27
28 Village Clerk
29 Ayes:
30 Nays:
31 Absent:
32 Approved by me this day of
33 Attested and filed in my August 2012.
34 office this day of
35 August 2012.
36
37 Mayor, Village of Skokie
38
39 Village Clerk




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 VOSDOCS-#408669-v1-Ordinance__2012-24P__SUP__Retail_Sales__8043_Lawndale
 JPH: *8/6/12
 C
 PC: 2012-26P

 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER
 12-8-Z-

 AN ORDINANCE VACATING THE WESTERN PORTION OF
 THE EAST-WEST ALLEY NORTH OF AND ADJACENT TO
 4854-4856 ELM STREET, SKOKIE, ILLINOIS, WITHIN AN
 AREA BOUNDED BY LEE STREET, SKOKIE BOULEVARD,
 ELM STREET AND COMMONWEALTH EDISON COMPANY
 PROPERTY, IN AN M2 LIGHT INDUSTRY DISTRICT

 1 WHEREAS, the owner of the real property located at 4854-4856 Elm Street, Skokie,
 2 Illinois, petitioned the Village for the vacation of approximately 74 feet of the westernmost
 3 portion of the east-west alley north of and adjacent to 4854-4856 Elm Street (the “Subject
 4 Property”); and

 5 WHEREAS, the Subject Property is asphalt-paved and currently functions as a driveway
 6 to the garage and parking lot for the 13-unit apartment building located at 4854-4856 Elm
 7 Street; and

 8 WHEREAS, the Subject Property is depicted on the Plat of Vacation, dated May 30,
 9 2012, a copy of which is attached hereto as Exhibit “A”; and

10 WHEREAS, the Village is conveying the entire 16-foot width of the Subject Property to
11 the adjacent property owner at 4854-4856 Elm Street; and

12 WHEREAS, the Subject Property is located in an M2 Light Industry district within an
13 area bounded by Lee Street, Skokie Boulevard, Elm Street and ComEd property and is
14 described in Exhibit “B” attached hereto; and

15 WHEREAS, the nature and extent of the public use or public interest to be subserved in
16 the Subject Property warrants the vacation of the same; and

17 WHEREAS, the title and ownership of the portion of the Subject Property to be vacated
18 shall, pursuant to 65 ILCS 5/11-91-1, vest in the abutting property owner as identified by the
19 Permanent Index Number (hereinafter “PIN”) and listed by PIN block number in Exhibit “B”
20 attached hereto; and

21 WHEREAS, the only structure that may be built on the vacated alley is a fence, and that
22 any and all structures built or maintained by the property owners are done so at the property
23 owner’s risk. The Village will have the right to enter upon vacated alleys and may damage or
24 remove the structure, should the Village need to access the area covered by the easement; and

25 WHEREAS, a permanent public easement for drainage purposes is reserved to and for
26 the benefit of the Village, as well as easements for Village and Village-franchised public utilities
27 will remain over the entire area to be vacated; and



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 VOSDOCS-#409157-v1-Ordinance__2012-26P__Alley_Vacation__adjacent_to_4854-4856_Elm_St___Bounded_by_Lee_St_-
 Skokie_Blvd_-Elm_St_-ComEd_Property
 1 WHEREAS, in accordance with Village policy, the Petitioner has compensated the
 2 Village in the amount of $1,000.00 for costs associated with the request for vacation. These
 3 costs may include but are not limited to: the plat of vacation, the hearing process, and recording
 4 of the plat and authorizing ordinance; and

 5 WHEREAS, the abutting property owners of the Subject Property were duly notified of
 6 the Skokie Plan Commission proceedings and presented no objection to the proposed vacation;
 7 and

 8 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on June 7, 2012,
 9 for which proper legal notice had been achieved and no interested parties spoke, heard
10 questions from several commissioners regarding parking and parking enforcement in the
11 vacated alley. The petitioner replied that while he notified tenants not to park in the alley, he
12 believed they were parking to the north of the alley on ComEd property. Staff replied that while
13 there were signs prohibiting parking in the alley, they were not aware of any complaints of
14 vehicles parking there; and

15 WHEREAS, after hearing all discussion, the Skokie Plan Commission: (a) made the
16 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code, and
17 (b) voted to recommend to the Mayor and Board of Trustees that the Subject Property be
18 vacated, subject to the conditions set forth in the Plan Commission Report dated July 2, 2012;
19 and

20 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, at a public
21 meeting duly held July 2, 2012, concurred in the recommendation of the Skokie Plan
22 Commission;

23 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
24 Village of Skokie, Cook County, Illinois:

25 Section 1: That the following portion of the alley commonly described below, and
26 legally described in Exhibit “B” attached hereto, and depicted on the Plat of Vacation, dated May
27 30, 2012, a copy of which is attached hereto as Exhibit “A”, located in the Village of Skokie, be
28 and the same is hereby vacated:
29 the approximately 74.00-foot trapezoidal-shaped westernmost portion of the 16-foot wide
30 east-west alley in the 4800 block between Lee Street and Elm Street,
31 and the title to the vacated alley shall vest to the abutting property owner pursuant to 65 ILCS
32 5/11-91-1, as identified by their Permanent Index Number set out in Exhibit “B” attached hereto.

33 Section 2: The aforesaid vacation is subject to the conditions set forth below:
34 1. Easements shall be and are hereby reserved on, in and over the Subject
35 Property for all Village and Village-franchised public utilities over the Subject Property. A
36 permanent public drainage easement for the benefit of the Village shall be, and is hereby,
37 reserved on, in and over the Subject Property.
38 2. Property owners shall not alter the grade or change the drainage pattern in the
39 Subject Property without a permit from the Engineering Division.
40 3. Other than a fence, no structures shall be constructed or trees planted in the
41 Subject Property.


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 VOSDOCS-#409157-v1-Ordinance__2012-26P__Alley_Vacation__adjacent_to_4854-4856_Elm_St___Bounded_by_Lee_St_-
 Skokie_Blvd_-Elm_St_-ComEd_Property
 1 4. All existing parking space pavement markings must be removed from the
 2 vacated alley.
 3 5. The vacated alley must remain operational as a driveway, as long as the building
 4 at 4854-4856 Elm Street exists and functions as an apartment building.

 5 Section 3: The Village, on its own behalf and on behalf of Village-franchised public
 6 utilities, shall retain the right of entry upon the Subject Property in order to install, repair, replace
 7 or remove, or engage in the maintenance of, any equipment or facility of any such utility or the
 8 drainage conditions in the Subject Property. In the course of repair, replacement or removal, or
 9 maintenance of equipment or facilities of a Village-franchised public utility, or drainage
10 conditions in, on or over the Subject Property, the Village or the Village-franchised public utility
11 shall not be held liable by any owner of the Subject Property for any damage to structures,
12 landscaping, or fences in, on or over the Subject Property. Any and all structures, including a
13 fence, built or maintained on the Subject Property are done so at the owner of the Subject
14 Property’s own risk.

15 Section 4: That the aforesaid vacation, incorporating the conditions contained
16 herein, shall be effective upon the recording of a Plat of Vacation by the Village of Skokie in the
17 Office of the Recorder of Deeds of Cook County.

18 Section 5: That the owner of the Subject Property has compensated the Village in
19 the amount of $1,000.00 for costs associated with the request for vacation, which includes the
20 costs of the plat of vacation, the hearing process, and recording of the plat and authorizing
21 ordinance.

22 Section 5: That the public interest and benefit will be subserved by the vacation of the
23 property referenced herein.

24 Section 6: It is the intention of the Village that ownership and title to the vacated
25 alley shall pass to and vest in the adjacent property owner, as listed by the Permanent Index
26 Number in Exhibit “B”.

27 Section 7: That this Ordinance shall be in full force and effect from and after its
28 passage, approval, and recordation as provided by law.
29
30 ADOPTED this day of August 2012.
31
32 Village Clerk
33 Ayes:
34 Nays:
35 Absent:
36 Approved by me this day of
37 Attested and filed in my August 2012.
38 office this day of
39 August 2012.
40
41 Mayor, Village of Skokie
42
43 Village Clerk


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 VOSDOCS-#409157-v1-Ordinance__2012-26P__Alley_Vacation__adjacent_to_4854-4856_Elm_St___Bounded_by_Lee_St_-
 Skokie_Blvd_-Elm_St_-ComEd_Property
Exhibit A
 Exhibit B




 LEGAL DESCRIPTION


ALL OF THE EAST WEST 16 FOOT ALLEY LYING NORTH OF THE NORTH LINE OF
LOT 22, WEST OF THE EAST LINE OF LOT 22 EXTENDED NORTH TO THE NORTH
LINE OF THE ALLEY, EAST OF THE WEST LINE OF LOT 22 EXTENDED NORTH TO
THE NORTH LINE OF THE ALLEY, ALL IN THE ELM-LEE STREET-CICERO AVENUE
SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 6 OF THE ASSESSOR’S
DIVISION OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.


AFFECTED INDEX NUMBER (PIN): 10-21-223-015-0000
 JPH: *8/6/12
 D
 PC: 2012-27P
 THIS ORDINANCE MAY BE CITED
 AS VILLAGE ORDINANCE NUMBER
 12-8-Z-

 AN ORDINANCE AMENDING THE ZONING MAP WITH REGARD
 TO THE PROPERTY LOCATED AT 4854-4856 ELM STREET,
 SKOKIE, ILLINOIS, FROM AN M2 LIGHT INDUSTRY
 DISTRICT TO AN R4 MULTIFAMILY HOUSING DISTRICT

 1 WHEREAS, the owner of the following described real property:

 2 PARCEL 1:
 3 LOT 22 IN ELM-LEE STREET CICERO AVENUE SUBDIVISION, BEING A
 4 SUBDIVISION OF PART OF LOT 6 IN ASSESSOR’S DIVISION OF THE NORTHEAST
 5 ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
 6 PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED FEBRUARY 13,
 7 1929 AS DOCUMENT NUMBER 10283725, IN COOK COUNTY, ILLINOIS.
 8 AND ALSO
 9 ALL OF THE EAST WEST 16 FOOT ALLEY LYING NORTH OF THE NORTH LINE OF
10 LOT 22, WEST OF THE EAST LINE OF LOT 22 EXTENDED NORTH TO THE NORTH
11 LINE OF THE ALLEY, EAST OF THE WEST LINE OF LOT 22 EXTENDED NORTH TO
12 THE NORTH LINE OF THE ALLEY, ALL IN THE ELM-LEE STREET-CICERO AVENUE
13 SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 6 OF THE ASSESSOR’S
14 DIVISION OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH,
15 RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
16 ILLINOIS.
17 PIN: 10-21-223-015-0000
18 PARCEL 2:
19 THAT PART OF LOT 6 IN ASSESSOR’S DIVISION OF THE NORTHEAST ¼ OF
20 SECTION 21, TOWNSHP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
21 MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
22 COMMENCING AT THE NORTHWEST CORNER OF LOT 22 IN THE ELM-LEE
23 STREET CICERO AVENUE SUBDIVISION BEING A SUBDIVISION OF PART OF SAID
24 LOT 6 ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 13, 1929 IN
25 THE OFFICE OF THE RECORDER OF COOK COUNTY, ILLINOIS AS DOCUMENT
26 NUMBER 10283725; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 22
27 EXTENDED WEST 50.90 FEET TO A POINT IN THE EASTERLY LINE OF THE 39.08
28 FEET RIGHT OF WAY STRIP OF THE PUBLIC SERVICE COMPANY OF NORTHERN
29 ILLINOIS, CONVEYED BY WILLIAM P. KOPF AND WIFE, TO THE SAID PUBLIC
30 SERVICE COMPANY OF NORTHERN ILLINOIS BY QUIT CLAIM DEED DATED
31 SEPTEMBER 30, 1924 AND RECORDED OCTOBER 2, 1924 IN THE OFFICE OF THE
32 RECORDER OF COOK COUNTY, ILLINOIS, AS DOCUMENT NO. 8614912, THENCE
33 SOUTHEASTERLY ALONG THE SAID EASTERLY RIGHT OF WAY LINE, 131.16 FEET
34 TO A POINT IN THE INTERSECTION OF THE SAID EASTERLY RIGHT OF WAY LINE
35 AND THE NORTH LINE OF ELM STREET, IN SAID ELM-LEE STREET CICERO
36 AVENUE SUBDIVISION PRODUCED WEST; THENCE EAST ALONG THE NORTH
37 LINE OF SAID ELM STREET; AND THE NORTH LINE OF SAID ELM STREET
38 PRODUCED WEST 51.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22;
39 THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 22, 131.41
40 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
41 PIN: 10-21-223-038-0000



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 VOSDOCS-#409348-v1-Ordinance__2012-27P__Zoning_Map_Amendment__4854-4856_Elm_Street__M2_to_R4
 1 commonly known as 4854-4856 Elm Street, Skokie, Illinois (hereinafter “Subject Property”),
 2 petitioned the Village of Skokie to reclassify the zoning of the Subject Property from an M2 Light
 3 Industry district to an R4 Multifamily Housing district; and

 4 WHEREAS, the Subject Property is occupied by a 13-unit apartment building, which is
 5 not a permitted use in an M2 district, and includes the vacated east-west alley running north of
 6 the apartment building, as considered in companion case 2012-26P; and

 7 WHEREAS, the petitioner desires to reclassify the Subject Property to R4 in order to
 8 place the property within a more appropriate zone that reflects not only how the land is currently
 9 being used but also is consistent with the existing zoning of other multifamily residences in the
10 surrounding neighborhood; and

11 WHEREAS, the Subject Property is surrounded by multifamily residences, ComEd
12 property, CTA Yellow Line tracks, and high-tension overhead power lines and towers; and

13 WHEREAS, the Subject Property was initially zoned D Multiple Dwelling in 1946. About
14 1956, the Subject Property and ComEd property to the north were both rezoned M2 Light
15 Industry; and

16 WHEREAS, the Community Development Department staff is supportive of the zoning
17 changes, which would make the Subject Property a permitted use in the more appropriate R4
18 classification; and

19 WHEREAS, the Skokie Plan Commission, after a public hearing duly held on June 7,
20 2012, at which one interested party inquired if her neighboring property would be impacted by
21 this rezoning: (i) determined that proper notice had been given; (ii) made the appropriate
22 findings of fact in the affirmative as required under Section 118-32 of the Skokie Village Code
23 and (iii) voted to recommend to the Mayor and Board of Trustees that the requested zoning
24 classification be granted and the Official Zoning Map of the Village of Skokie be amended to
25 reflect this classification; and

26 WHEREAS, the Mayor and Board of Trustees, after a public meeting duly held on July 2,
27 2012, concurred in the aforesaid recommendation of the Plan Commission;

28 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
29 Village of Skokie, Cook County, Illinois:

30 Section 1: That the Subject Property legally described above and commonly known
31 as 4854-4856 Elm Street, Skokie, Illinois, be and the same is hereby reclassified from an M2
32 Light Industry district to an R4 Multifamily Housing district.

33 Section 2: That the Official Zoning Map of the Village of Skokie be and the same is
34 amended to reflect this classification.

35 Section 3: That a notice of approval of this Ordinance incorporating the conditions
36 contained herein shall be executed by the owner of the property in writing and duly recorded
37 with the Cook County Recorder of Deeds office at the owner’s expense.

38


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 VOSDOCS-#409348-v1-Ordinance__2012-27P__Zoning_Map_Amendment__4854-4856_Elm_Street__M2_to_R4
1 Section 4: That this Ordinance shall be in full force and effect from and after its
2 passage approval and recordation as provided by law.
3
 ADOPTED this day of August, 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my Approved by me this day of
 office this day of August, 2012.
 August, 2012.


 Mayor, Village of Skokie
 Village Clerk
4




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 VOSDOCS-#409348-v1-Ordinance__2012-27P__Zoning_Map_Amendment__4854-4856_Elm_Street__M2_to_R4
 JPH: 8/6/12
 E
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION NUMBER
 12-8-R-


 A RESOLUTION APPROVING A PLAT OF SUBDIVISION FOR
 THE PROPERTY LOCATED AT 3945 DEMPSTER STREET, SKOKIE,
 ILLINOIS, IN A B2 COMMERCIAL DISTRICT

 1 WHEREAS, the owners of the following described real property:

 2 LOTS 1 TO 12, INCLUSIVE, IN BLOCK 6 IN DEMPSTER-CRAWFORD MANOR, A
 3 SUBDIVISION OF THAT PART OF THE NORTHWEST QUARTER OF SECTION 23,
 4 TOWNSHIP 41, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
 5 WESTERLY OF EAST PRAIRIE ROAD (EXCEPT THE SOUTH 17 ½ CHAINS THEREOF)
 6 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 4, 1925 AS DOCUMENT
 7 9025818, IN COOK COUNTY, ILLINOIS.
 8
 9 TOGETHER WITH:
10 LOT 41 AND THE NORTH 10.00 FEET OF LOT 40, IN BLOCK 6 IN DEMPSTER
11 CRAWFORD MANOR, A SUBDIVISION OF THAT PART OF THE NORTHWEST QUARTER
12 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
13 MERIDIAN, LYING WESTERLY OF EAST PRAIRIE ROAD (EXCEPT THE SOUTH 17 ½
14 CHAINS THEREOF), IN COOK COUNTY, ILLINOIS.
15
16 TOGETHER WITH:
17 THAT PART OF THE VACATED PUBLIC ALLEY IN BLOCK 6 IN DEMPSTER-CRAWFORD
18 MANNER, A SUBDIVISION OF THAT PART OF THE NORTHWEST QUARTER OF
19 SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
20 MERIDIAN, LYING WESTERLY OF EAST PRAIRIE ROAD (EXCEPT THE SOUTH 17 ½
21 CHAINS THEREOF) ACCORDING TO THE DOCUMENT THEREOF RECORDED MARCH
22 6, 2012 AS DOCUMENT 1206616020, IN COOK COUNTY, ILLINOIS
23
24 EXCEPTING THEREFROM:
25 THAT PART OF THE DEDICATED PUBLIC ALLEY IN BLOCK 6 IN DEMPSTER-
26 CRAWFORD MANOR, A SUBDIVISION OF THAT PART OF THE NORTHWEST QUARTER
27 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
28 MERIDIAN, LYING WESTERLY OF EAST PRAIRIE ROAD (EXCEPT THE SOUTH 17 ½
29 CHAINS THEREOF) ACCORDING TO THE DOCUMENT THEREOF RECORDED MARCH
30 9, 2012 AS DOCUMENT 1206929034, IN COOK COUNTY, ILLINOIS.
31
32 PINS: 10-23-100-065-0000, 10-23-100-066-0000, 10-23-100-028-0000, 10-23-100-050-0000

33 more commonly described as 3945 Dempster Street, Skokie, Illinois (hereinafter the “Subject
34 Property”) in a B2 Commercial district, petitioned the Village of Skokie for a subdivision of the
35 Subject Property for the purpose of creating a new three lot subdivision, as shown on the “KF
36 Subdivision“ plat, dated April 23, 2012, and subsequently revised May 15, 2012, or as the plat
37 may be amended with the approval of the Village Manager, or designee, and the Corporation
38 Counsel, a copy of which is marked as Exhibit “1” and attached hereto; and




 Page 1 of 3
 VOSDOCS-#408626-v1-Resolution__Plat_of_Subdivision__3945_Dempster__Walgreens
 1 WHEREAS, subsequent to the subdivision of the Subject Property, the legal description
 2 of the Subject Property will be as follows:

 3 LOTS 1, 2, AND 3 IN KF SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF
 4 SECTION 23, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
 5 MERIDIAN, IN COOK COUNTY, ILLINOIS.

 6 and will continue to be commonly known as 3945 Dempster Street, Skokie, Illinois; and

 7 WHEREAS, condition number one of Village Ordinance Number 11-5-Z-3840 which
 8 approved a retail planned development, a Walgreens store, on the Subject Property, required
 9 that the property index numbers (PINs) be consolidated into a single PIN; and

10 WHEREAS, upon review, the property owner determined that a three lot subdivision of
11 the property would be more beneficial, and would still satisfy the requirement that the Subject
12 Property’s PINS be consolidated into one; and

13 WHEREAS, the Community Development Director reviewed the Plat and determined
14 that the subdivision meets all Village requirements and has recommended its approval to
15 the Mayor and Board of Trustees subject to the conditions stated in his memorandum dated
16 July 6, 2012; and

17 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on August
18 6, 2012 concurred in the aforesaid recommendation of the Community Development Director;

19 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
20 Village of Skokie, Cook County, Illinois:

21 Section 1: That the requested subdivision of the Subject Property, legally described
22 above and commonly known as 3945 Dempster Street, Skokie, Illinois, in a B2 Commercial
23 district, be and the same is hereby approved subject to the following conditions:
24 1. That the subdivision be in compliance with the “KF Subdivision” plat, dated April 23, 2012,
25 and subsequently revised May 15, 2012;
26 2. At least 2 opposite corners of a subdivision shall have a concrete monument in place as
27 indicated on the plat. All other subdivision corners, lot corners, points of curvature, points of
28 tangency and any other bends in lot lines shall be monumented in the field with iron pipes
29 unless already existing, and noted on the plat as set or existing. All monuments shall be set
30 no later than 1 year after the date of the recording of the plat;
31 3. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations
32 and all Village codes, ordinances, rules, and regulations.

33 Section 2: That the “KF Subdivision“ plat, dated April 23, 2012, and subsequently
34 revised May 15, 2012, or as the plat may be amended with the approval of the Village Manager,
35 or designee, and the Corporation Counsel, attached hereto and marked as Exhibit “1”, be and
36 the same is hereby accepted and shall be recorded at the Petitioner’s expense with the Cook
37 County Recorder of Deeds Office.

38 Section 3: That a notice of approval of this Resolution incorporating the conditions
39 contained herein shall be approved by the owner of the property in writing and duly recorded
40 with the Cook County Recorder of Deeds Office at the owner’s expense.


 Page 2 of 3
 VOSDOCS-#408626-v1-Resolution__Plat_of_Subdivision__3945_Dempster__Walgreens
 1 Section 4: That this Resolution shall be in full force and effect from and after its
 2 passage, approval and recordation as provided by law.
 3 PASSED this day of August, 2012.
 4
 5 Ayes:
 6 Nays: Village Clerk
 7 Absent:
 8 Approved by me this day of
 9 Attest: August, 2012.
10
11
12
13 Village Clerk Mayor, Village of Skokie
14




 Page 3 of 3
 VOSDOCS-#408626-v1-Resolution__Plat_of_Subdivision__3945_Dempster__Walgreens
Exhibit 1
 JPH: 7/2/12 Manager’s Report
 F
 nd
 8/6/12 2 Reading


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-8-C-

 AN ORDINANCE AMENDING CHAPTER 18, ARTICLES I, II, AND III,
 OF THE SKOKIE VILLAGE CODE PERTAINING TO ANIMALS

 1 WHEREAS, Chapter 18, Article I, of the Skokie Village Code (hereinafter “Code”)
 2 provides for the general rules and regulations regarding animals in the Village of Skokie; and

 3 WHEREAS, the staff of the Health Department conducted an extensive review of
 4 Chapter 18, specifically as it pertains to the control of dogs and cats by an owner. Included
 5 were the regulations regarding accountability of an owner and his or her ability to keep and
 6 maintain animals; and

 7 WHEREAS, as a result of their review, the Director of Health recommended to the
 8 Village Manager various amendments to Chapter 18, including but not limited to, stronger
 9 sanctions for owners of animals that have been found to be dangerous or vicious, restrictions
10 on the ownership of animals on people who are found to be problem pet owners, and the
11 Village’s ability to initiate proceedings against a person who is thought to own a dangerous or
12 vicious animal; and

13 WHEREAS, the Village Manager concurred in the recommendations of the Director of
14 Health to the Mayor and Board of Trustees that Chapter 18 of the Skokie Village Code be
15 amended accordingly; and

16 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on July 2,
17 2012, concurred in the aforesaid recommendation of the Village Manager; and

18 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
19 Village of Skokie, Cook County, Illinois;

20 Section 1: That Chapter 18, Articles I, II, and III, of the Skokie Village Code be and
21 the same is hereby amended in the manner hereinafter indicated. The new material is
22 highlighted in bold and the material to be deleted is highlighted and stricken through.

23 Chapter 18 ANIMALS
24 ARTICLE I. IN GENERAL
25 Sec. 18-1. Purpose.

26 The purpose of this chapter is to:

27 (a) Protect the public from rabies by specifying such preventive and
28 control measures as may be necessary;
29


 Page 1 of 11

 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 (b) Protect animals from improper use, abuse, neglect, inhumane treatment
 2 and health hazards, particularly rabies;
 3
 4 (c) Provide security to the public from annoyance, intimidation, and injury
 5 from cats, dogs and other animals;
 6
 7 (d) Encourage responsible pet ownership; and
 8
 9 Sec. 18-1.18-2 Definitions.
10 The following words, terms and phrases, when used in this chapter, shall have the
11 meanings ascribed to them in this section, except where the context clearly indicates a different
12 meaning:

13 Administrative Law Officer means the individual(s) appointed as an Administrative
14 Law Officer in the Village’s Administrative Hearing System pursuant to Chapter 2 of the
15 Village Code.

16 Altered means any animal that has been surgically spayed or neutered.

17 Animal shall be defined as set forth in the Humane Care for Animals Act, 510 ILCS 70/1
18 et seq., and future amendments to that statute.
19 Animal Control Officer means the Animal Control Officer (ACO) of the Village or
20 other individual designated by the Village Manager, or designee, that is charged with the
21 enforcement of this chapter.
22 Animal Shelter means any public or private organization, including the
23 organization’s officers, agents and representatives when acting in the name or on behalf
24 of the organization that controls, rescues, shelters, or cares for, animals as all or part of
25 the purpose of the organization.
26 Cat means any member of the feline family (Felis domesticus), 4 months or more of age.
27 Dangerous Animal means any animal designated by an Administrative Law Officer
28 as a Dangerous Animal as described in Section 18-61.
29 Dog means any member of the canine family, 4 months or more of age.
30 Domestic Animal means a dog, cat, or other animal, the keeping of which is not
31 otherwise prohibited under the terms of this chapter, which has been raised or
32 maintained in confinement or otherwise domesticated so as to live in a tame condition.
33 Great Bodily Harm means a physical injury that creates a substantial risk of death
34 or that causes death, serious disfigurement, serious impairment of health, impairment of
35 the function of any bodily organ, or injury requiring plastic surgery, or injury.
36 Impoundment means taken into custody by the Animal Control Officer.
37 Inoculation against rabies means the injection of rabies vaccine, subcutaneously or
38 otherwise, as approved by the State Department of Agriculture.
39 Leash means a cord, rope, strap, or chain that is securely fastened to the collar or
40 harness of a dog and is sufficient to physically restrain and control the dog. No leash
41 shall be longer than 8 feet in length.

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 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 Microchip means an identifying device consisting of a microchip or similar device
 2 that is humanely and permanently installed in or injected under the skin of an animal by a
 3 licensed veterinarian and when scanned by an electronic reader, provides for the
 4 identification of the animal and the name, address, and telephone number of the Owner.
 5 Muzzle means a fastening or covering of the mouth of an animal used to prevent
 6 an animal from biting. The muzzle shall not injure the animal or interfere with its vision
 7 or respiration.
 8 Non-Retractable Leash means a leash that cannot be increased or decreased in
 9 length via any mechanical device or any other means.
10 Owner means any person having a right of property in an animal, or who keeps or
11 harbors an animal, or who has it in such person's care or acts as its custodian, or who
12 knowingly permits an animal to remain on or about any premises occupied by such person.
13 Owner’s Agent means an adult 18 years of age or older authorized by the Owner
14 to provide care for the Owner’s animal(s).
15 Police Dog means any dog utilized by a law enforcement agency.
16 Run Line means a securely anchored system of tying and keeping an animal in
17 place with either a rope or chain sufficient to physically restrain and control the animal.
18
19 Running at Large means that a dog is off the premises of its Owner and not under
20 the physical control of the Owner, or the Owner’s Agent.
21
22 Service Dog means any guide dog, signal dog, or other dog trained to do work or
23 perform tasks for the benefit of an individual with a disability, including, without
24 limitation, guiding individuals with impaired vision, alerting individuals with impaired
25 hearing to sounds, and pulling a wheelchair or fetching dropped items for individuals
26 with mobility impairments.
27
28 Secure Enclosure means a structure erected that:
29 (1) Is designed to confine and prevent the escape of a Dangerous
30 Animal or Vicious Animal and prevent the entry of children or other
31 animals;
32 (2) Is at least 6 feet tall;
33 (3) Locks securely, and includes a secure top, sides, and bottom;
34 (4) Has sides that embed into the ground at a depth of at least one foot
35 and attach to the bottom of the enclosure so that the animal
36 confined within cannot escape by digging under the sides of the
37 enclosure;
38 (5) Is adequately lighted, kept in a clean and sanitary condition;
39 (6) Is labeled with a prominently displayed warning sign at each
40 entrance that indicates that a dangerous or vicious animal is
41 confined within; and
42
43 Vicious Animal means an animal designated as a Vicious Animal pursuant to
44 Section 18-62.
45



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 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 Wildlife means any animal that is not ordinarily tamed or domesticated.
 2 Sec. 18-2 18-3. Penalties.
 3 …
 4 Sec. 18-3 18-4. Notice of violation.
 5 …
 6 Sec. 18-4 18-5. Stipulated settlements.
 7 …
 8 Sec. 18-5 18-6. Animal Control Officer.
 9 …
10 Sec. 18-6 18-7. Cruelty to animals.
11 …
12 Sec. 18-7 18-8. Keeping livestock.
13 …
14 Sec. 18-8 18-9. Noisy animals.
15 …
16 Sec. 18-9 18-10. Keeping, killing or injuring wildlife.
17 ...
18 Sec. 18-10 18-11. Feeding wildlife or birds.
19 …
20


21 ARTICLE II. DOGS AND CATS; CONTROL OF ANIMALS
22 …
23

24 Sec. 18-40. Problem Pet Owners.
25 (a) Problem Pet Owners. For purposes of this chapter, a problem pet owner is
26 a person who has been determined by the Administrative Law Officer or the
27 Circuit Court of Cook County to have committed:
28 (1) Three separate and unrelated violations of Sections 18-61; or
29 (2) Two separate and unrelated violations of Section 18-62; or
30 (3) Two separate and unrelated violations of Section 18-61 and a
31 separate and unrelated violation of Section 18-62.
32 (b) Designation of Problem Pet Owner. A person shall be designated as a
33 problem pet owner when the Administrative Law Officer or the Circuit Court
34 of Cook County, at the request of the Health Department, has considered
35 evidence pertaining to past violations of this chapter by the person, and
36 entered an order designating the person as a problem pet owner.



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 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 (c) Notice of Hearing. A person whom the Health Department requests be
 2 designated as a problem pet owner shall be provided with written notice of
 3 a hearing before the Administrative Law Officer or the Circuit Court of Cook
 4 County.
 5 (d) Pre-Hearing Confinement of Animals. Upon service of notice pursuant to
 6 Section 18-40(c), all of the animals for which a license is required, owned
 7 by a person whom the Health Department seeks to be declared to be a
 8 problem pet owner may be impounded if the Village Manager or his
 9 designee determines that impoundment is in the interests of public safety
10 or the health and welfare of the animals. Upon such a determination by the
11 Village Manager or designee, an Animal Control Officer or police officer
12 may require that all of the animals be held in an animal shelter or a secure
13 veterinary hospital until a hearing is held. If all of the animals are not
14 impounded prior to the hearing, the owner shall comply with any and all
15 requirements imposed by the Village Manager or designee for the
16 confinement and care of the animals pending the hearing. Any failure to
17 comply with any such requirement is a violation of this section, and each
18 day of non-compliance will constitute a separate violation. The owner shall
19 be responsible for all costs associated with impoundment.
20 (e) Bar on Licensing or Owning Animals. If, after conducting a hearing, the
21 Administrative Law Officer or the court determines that a person should be
22 declared a problem pet owner, all animal licenses held by that person will
23 be immediately revoked, and it shall be unlawful for that person to license
24 or own any animal in the Village for a period of 24 months from the date of
25 the entry of that determination. Further, upon the designation by the
26 Administrative Law Officer or the Circuit Court of Cook County, court that a
27 person is a problem pet owner, that person must immediately surrender all
28 animals, for which a license is required, in his or her possession to the
29 Animal Control Officer. Such person shall have no right to recover such
30 animal nor be compensated for the loss.

31 ARTICLE III. DANGEROUS OR VICIOUS ANIMALS; RABIES CONTROL
32 Sec. 18-61. Dangerous aAnimals.
33 a) An owner or owner’s agent who fails to exercise proper care and control of
34 the owner’s animal, which results in the animal behaving in an unprovoked
35 dangerous manner, shall be construed as a violation of this section by the owner.
36 An owner’s agent may also be in violation as well. Any such animal is hereby
37 declared a public nuisance as provided in Section 18-34, for impoundment
38 purposes. An animal behaves in a dangerous manner when without provocation
39 it:
40 (1) chases or approaches a person or a domestic animal upon the
41 streets, sidewalks, or any public or private property in a menacing
42 fashion or with an apparent attitude of attack, or
43 (2) behaves in a manner that a reasonable person would believe poses
44 a serious and unjustified imminent threat of bodily injury to any
45 person or domestic animal.




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 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 (a) A dangerous animal is hereby defined to be a dog or other animal that behaves
 2 in a manner that a reasonable person would believe poses a serious and
 3 unjustified imminent threat of bodily injury to any person or other animal. Any
 4 such dangerous animal is hereby declared a public nuisance as provided in
 5 Section 18-34. The owner of any dangerous animal shall keep the animal
 6 confined in a secure enclosure or on leash controlled by the owner, or the
 7 owner's agent, at all times, and shall not permit such animal to be at large within
 8 the Village.
 9 (b) The members of the Police Department or Animal Control Division of the Health
10 Department are authorized to destroy any dangerous animal when it is necessary
11 for the protection of any person or property.
12 (b) An animal shall not be considered to behave in an unprovoked dangerous
13 manner when the behavior occurred due to any of the following
14 circumstances:
15 (1) The threatened person was committing or attempting to commit a
16 violent crime against the owner or owner’s agent or member of its
17 household;
18 (2) The threatened person was committing or attempting to commit a
19 crime against the property of the owner or custodian of the animal,
20 including without limitation, burglary, arson, vandalism or criminal
21 trespass;
22 (3) The threatened person was tormenting, abusing, assaulting, or
23 physically threatening the animal or its offspring;
24 (4) The threatened domestic animal was attacking or threatening to
25 attack the animal or its offspring;
26 (5) The threatened domestic animal was trespassing on the property of
27 the animal’s owner;
28 (6) The animal was responding to the infliction of pain or injury;
29 (7) The animal was protecting itself or its offspring;
30 (8) The animal is a service dog or a police dog and was performing its
31 duties;
32 (9) The threatened domestic animal was running at large.
33 (c) Designation.
34 1) Any animal who has found to exhibit behavior as outlined in
35 Section 18-61(a) shall be designated as a dangerous animal.
36 2) No owner shall sell, transfer, or otherwise place a dangerous
37 animal in the permanent possession of any other person, including without
38 limitation any animal shelter, without first notifying that person that the
39 animal has been designated a dangerous animal pursuant to this chapter
40 and notifying the jurisdiction to which the animal will be transferred of the
41 animal’s designation as a dangerous animal pursuant to this chapter.
42 (d) Animals Designated as Dangerous Animals in Other Jurisdictions. Any
43 person desiring to bring an animal to live in the Village that has been
44 previously declared within another jurisdiction to have behaved in a

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 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 dangerous manner or a similar manner, or has been designated within
 2 another jurisdiction as a dangerous animal or any similar designation,
 3 must notify the Health Department prior to moving the animal into the
 4 Village of such declaration or designation. Upon moving the animal into
 5 the Village, the animal will be considered as a dangerous animal pursuant
 6 to this chapter, and the owner must comply at all times with each and every
 7 requirement and restriction established in this chapter pertaining to
 8 dangerous animals
 9 Sec. 18-62. Vicious aAnimals.
10 (a) An owner or owner’s agent who fails to exercise proper care and control of
11 the owner’s animal, which results in the animal biting or attacking any person or
12 domestic animal, shall be construed as a violation of this section by the owner.
13 An owner’s agent may also be in violation as well
14 (ab) An animal behaves in a vicious manner when, A vicious animal is hereby
15 defined as: (1) Any individual animal that, when unprovoked, without provocation
16 inflicts bites or attacks a human being person or other domestic animal. (2) Any
17 individual animal which has been found to be a dangerous animal upon 3 separate
18 occasions. Any such animal is hereby declared a public nuisance as provided in
19 Section 18-34, for impoundment purposes.
20 (b) Any such vicious animal is hereby declared a public nuisance as provided in
21 Section 18-34.
22 (c) No animal shall be deemed vicious if it bites, attacks, or menaces a trespasser
23 on the property of its owner or harms or menaces anyone who has provoked,
24 tormented or abused it or is a professionally trained dog for law enforcement
25 duties.
26 (c) An animal shall not be considered to behave in an unprovoked vicious
27 manner if the behavior occurred due to any of the following circumstances:
28 (1) The attacked or injured person was committing or attempting to
29 commit a violent crime against the owner or owner’s agent or
30 member of its household;
31 (2) The attacked or injured person was committing or attempting to
32 commit a crime against the property of the owner or owner’s agent,
33 including without limitation, burglary, arson, or criminal trespass;
34 (3) The attacked or injured person was tormenting, abusing, assaulting,
35 or physically threatening the animal or its offspring;
36 (4) The attacked or injured domestic animal was attacking or
37 threatening to attack the animal or its offspring;
38 (5) The attacked or injured domestic animal was trespassing on the
39 property of the animal owner;
40 (6) The animal was responding to inflicted pain or injury;
41 (7) The animal was protecting itself or its offspring;
42 (8) The animal is a service dog or police dog and was performing its
43 duties; or
44 (9) The attacked or injured domestic animal was running at large.

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 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 (d) Any animal that inflicts great bodily harm on a person or domestic animal
 2 may be immediately impounded by an Animal Control Officer or Police
 3 Department pending an investigation into the circumstances. The owner
 4 shall be responsible for all costs associated with impoundment.
 5 (de) No owner or keeper of any animal found to be vicious by an Administrative Law
 6 Officer or a Judge in the Circuit Court of Cook County shall sell or give away the
 7 animal without a written order from an Administrative Law officer or a
 8 Judge in the Circuit Court of Cook County. Whenever an owner of a
 9 vicious animal relocates, he or she shall notify both the Administrator of
10 the County Animal Control where he or she has relocated and Skokie
11 Animal Control.
12 (f) Animals Designated as Vicious Animals in Other Jurisdictions. Any person
13 desiring to bring an animal to live in the Village that has been previously
14 declared within another jurisdiction to have behaved in a vicious manner or
15 a similar manner, or has been designated within another jurisdiction as a
16 vicious animal or any similar designation, must notify the Health
17 Department prior to moving the animal into the Village of such declaration
18 or designation. Upon moving the animal into the Village, the animal will be
19 considered as a vicious animal pursuant to this chapter, and the owner
20 must comply at all times with each and every requirement and restriction
21 established in this chapter pertaining to vicious animals.
22 Sec. 18-63. Rabies control; animal bites.
23 When a person or domestic animal is bitten by an animal within the corporate
24 limits of the Village of Skokie, the injured person, the owner of the domestic
25 animal or any witness to the bite has a duty to report the incident to the Village of
26 Skokie Health Department.
27 …
28 Sec. 18-66. Penalties. Additional penalties for owners of dangerous or vicious
29 dogs.
30 (a) In addition to the penalties established in Section 1-6, the following penalties
31 pertain to a violation of Section 18-62:
32 (1) The first incident where an individual animal is found to be a vicious
33 animal pursuant to Section 18-62 by an Administrative Law Officer, or a
34 Judge in the Circuit Court of Cook County, the owner of the animal shall
35 be required to pay a minimum fine of $200.00 and attend a canine
36 obedience class with the animal.
37 (2) If an animal has previously been found to be a vicious animal pursuant to
38 Section 18-62 and is found second time to be vicious arising out of a
39 subsequent and separate incident, by an Administrative Law Officer or a
40 Judge in the Circuit Court of Cook County, the owner of the animal shall
41 be required to pay a minimum fine of $300.00 and to follow any specific
42 directives with regard to keeping of the animal for the protection of the
43 general population.
44 (3) If an animal is found to be a vicious animal on a third or more occasion,
45 pursuant to Section 18-62 by an Administrative Law Officer or a Judge in
46 the Circuit Court of Cook County, the owner of the animal shall be


 Page 8 of 11

 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 required to pay a fine in the amount of $750.00. The Administrative Law
 2 Officer or Judge may order that the animal be humanely euthanized or
 3 permanently removed from the Village of Skokie.
 4 (4) If an animal is found to be a vicious animal pursuant to Section 18-62,
 5 and the incident resulted in grievous bodily harm to or the death of a
 6 person, then an Administrative Law Officer or a Judge in the Circuit Court
 7 of Cook County shall order that the offending animal be humanely
 8 euthanized.

 9 (a) In addition to the penalties established in Section 1-6, the following
10 penalties pertain to a violation of Section 18-61(a.):
11 (1) For the first violation of 18-61(a) where an individual animal has
12 been designated a dangerous animal pursuant to Section 18-61, the
13 owner shall be required to:
14 (i) Pay a minimum fine of $200.00;
15 (ii) Attend a canine obedience class with the animal, if
16 applicable;
17 (iii) Have the animal surgically altered and microchipped within
18 10 days at the owner’s expense, if not previously done; and
19 (iv) Keep the animal confined in a secure enclosure or restrained
20 on a leash no longer than 6 feet in length controlled by the
21 owner, or the owner’s agent, at all times.
22 (2) For a second violation of 18-61(a), involving an animal which had
23 previously been designated a dangerous animal pursuant to Section
24 18-61, arising out of a subsequent and separate incident, the
25 following penalties shall be ordered:
26 (i) Pay a minimum fine of $300.00;
27 (ii) Have the animal restrained on a leash no longer than 6 feet in
28 length by the owner or owner’s agent, and muzzled whenever
29 the animal is off the owner’s property;
30 (iii) Have the animal evaluated within 90 days by a certified
31 applied animal behaviorist, and complete training or other
32 treatment as deemed appropriate by the expert. The owner of
33 the dangerous animal shall be responsible for all costs
34 associated with evaluations and training ordered under this
35 subsection;
36 (iv) Obtain, maintain, and provide the Village with satisfactory
37 evidence of liability insurance coverage, within 14 days, in
38 the amount of at least $100,000 which coverage includes
39 without limitation coverage for animal bites. In lieu of liability
40 insurance, the owner of a dangerous animal may obtain a
41 surety bond in the value of at least $100,000.
42 (3) ．．．．a
 For ．．．． ．． ．．．．
 third violation of 18-61(a), involving an animal which has
43 previously been designated as a dangerous animal pursuant to



 Page 9 of 11

 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 Section 18-61, arising out of two separate incidents, the following
 2 penalties shall be ordered:
 3 (i) The owner of the animal shall be fined a minimum of $500 but
 4 not more than $750; and
 5 (ii) The owner shall be designated a problem pet owner, pursuant
 6 to Section 18-40.

 7 (b) In addition to the penalties established in Section 1-6, the following
 8 penalties pertain to a violation of Section 18-62(a):
 9 (1) For the first violation of 18-62(a) where an individual animal has
10 been designated a vicious animal, pursuant to Section 18-62, the
11 owner shall be required to:
12 (i) Pay a minimum fine of $500.00;
13 (ii) Pay any and all veterinary or medical bills of the injured
14 person or domestic animal, arising out of the incident;
15 (iii) Have the animal surgically altered and microchipped within
16 10 days at the owner’s expense, if not previously done;
17 (iv) Confine the animal within a building or secure enclosure;
18 (v) Attend a canine obedience class with the animal, if
19 applicable;
20 (vi) Have the vicious animal evaluated within 90 days by a
21 certified applied animal behaviorist, and complete training or
22 other treatment as deemed appropriate by the expert. The
23 owner of the vicious animal shall be responsible for all costs
24 associated with evaluations and training ordered under this
25 subsection.
26 (vii) Obtain, maintain, and provide the Village with satisfactory
27 evidence of liability insurance coverage, within 14 days, in
28 the amount of at least $150,000, which coverage includes,
29 without limitation, coverage for animal bites. In lieu of
30 liability insurance, the owner of a vicious animal may obtain a
31 surety bond in the value of at least $150,000.
32 (2) A vicious animal shall only be allowed outdoors outside of a secure
33 enclosure if:
34 (i) The animal is securely muzzled and restrained on a leash
35 controlled by the owner or the owner’s agent not to exceed 6
36 feet in length;
37 (ii) The release is necessary for veterinary care of the animal,
38 pursuant to the sale or other change of ownership of the
39 animal, or other direction as ordered by an Administrative
40 Law Officer or the Circuit Court of Cook County.
41 (3) For a second violation of 18-62(a), involving an animal which had
42 previously been designated a vicious animal pursuant to Section 18-



 Page 10 of 11

 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
 1 62, arising out of a subsequent and separate incident the following
 2 penalties shall be ordered:
 3 (i) The owner of the animal shall be required to pay a fine in the
 4 amount of $750.00;
 5 (ii) Pay any and all veterinary or medical bills of the injured
 6 person or domestic animal, arising out of the incident;
 7 (iii) The owner shall be considered a problem pet owner;
 8 (iv) The Administrative Law Officer or a Judge in the Circuit Court
 9 of Cook County may order that the animal be humanely
10 euthanized.
11 (4) If an animal is found to be a vicious animal pursuant to Section 18-
12 62, and the incident resulted in great bodily harm to or the death of a
13 person, then an Administrative Law Officer or a Judge of the Circuit
14 Court of Cook County shall order that the offending animal be
15 humanely euthanized.
16 Sec. 18-67. Proceedings.
17 Any violation of this chapter may be brought before an Administrative Law Officer
18 in the Village of Skokie’s Administrative Proceedings or a Judge in the Circuit
19 Court of Cook County. A complaint may be initiated by a witness to the incident,
20 the injured person or owner of an injured animal, or the Village of Skokie.

21 Section 2: That this Ordinance shall be in full force and effect from and after its
22 passage, approval and publication in pamphlet form as provided by law.
23
 ADOPTED this day of August, 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my office Approved by me this day of
 this day of August, 2012; August, 2012.
 and published in pamphlet form
 according to law from August
 , 2012 to August , 2012.
 Mayor, Village of Skokie


 Village Clerk
24
25




 Page 11 of 11

 VOSDOCS-#407400-v2-Ordinance__Code_Amendment__Chapter_18__Animals
Memorandum


TO: Honorable Mayor and Board of Trustees

FROM: Paul Luke, Chairman
 Skokie Plan Commission

DATE: July 26, 2012

SUBJECT: CASE 2005-2P – A REQUEST BY 7924 LINCOLN AVENUE LLC
 FOR AN AMENDMENT TO SPECIAL USE PERMIT ORDINANCE
 #05-4-Z-3349 THROUGH THE MODIFIED REVIEW PROCEDURE
 FOR SECOND FLOOR APARTMENT FOR THE SKOKIE
 THEATER AT 7924 LINCOLN AVENUE IN A CX CORE MIXED-
 USE DISTRICT

The Community Development Department received a request from 7924 Lincoln LLC, to
amend special use permit ordinance #05-4-Z-3349 for the Skokie Theater through the
modified review procedure. The petitioner is requesting a modification to the approved
ordinance to allow a second floor apartment at the theater.


The petitioner is proposing to convert a second floor office area into an efficiency
apartment with a floor area of approximately 371 square feet. The apartment is intended
for the use of a care taker, although it could be used as general rental apartment as it will
have a separate entrance and will comply with all code requirements. The second floor
apartment is an allowable permitted use in the CX Core Mixed-Use district.


In the CX district a payment can be made into the off-street parking fund to cover a
parking deficit for most uses; however, off-street parking must be provided for residential
units with no option to pay into the fund. In the subject case, the site does not have space
to accommodate the one parking space required for the unit. It is recommended that
relief be given for this one space parking deficit.


The Corporation Counsel, Plan Commission Chairman, and Community Development
Director reviewed the request. We determined that converting the office space to an



#407267
efficiency apartment would not change the intent of the original special use permit
ordinance to provide a theater for live performances.


Thus, it is respectfully recommended that condition #1 of V.O. #05-4-Z-3349 be
amended to read as follows with all new language in bold and highlighted and language
to be deleted in bold and struck through. It is further recommended that relief be granted
for a one space parking deficit for the efficiency apartment.


1. The petitioners shall develop the subject site in substantial conformance with the final
 Village approved site plan, floor plan and elevations, all dated January 19, 2005 and
 revised first and second floor plans and partial second floor plan, all dated July
 09, 2012;

Attachments

 1. First and second Floor Plans, dated July 09, 2012.
 2. Partial Second Floor Plan, dated July 09, 2012.
 3. Zoning and Location Map.


cc: J. Patrick Hanley, Corporation Counsel
 Peter W. Peyer, Community Development Director




#407267
 TX CX
 R4 CX
 TRANSIT MIXED-USE CORE MIXED-USE


OAKTON STREET
 UE
 VILLAGE AV
PUBLIC HALL EN
LIBRARY BANK W/
 CX DRIVE-THROUGH
 CORE MIXED-USE
  TX
 SUBJECT SITE
 CX
 CORE MIXED-USE

 UE
 LN EN
 R4 SENIOR HOUSING
 CO AV
 LIN CX

GALITZ STREET
 LI
 NC
 TX O
 LN BB TX
 TRANSIT MIXED-USE TX
 AV BA
 R4 E. NORTH


 2005-2P: 7924 Lincoln Avenue (Modified Review)
 AVENUE AVENUE
 R1
 R1
R1 SINGLE-FAMILY RESIDENTIAL
 SINGLE-FAMILY RESIDENTIAL




 ENFIELD AVENUE
 R1
 R1
R1 SUBJECT SITE SINGLE-FAMILY RESIDENTIAL
 SINGLE-FAMILY RESIDENTIAL




 FAST FOOD B2
 RESTAURANT B2 COMMERCIAL




 STREET
DEMPSTER



 SPRINGFIELD AVE. AVERS AVE.
 B2
 COMMERCIAL




 HAMLIN
 R2 R2
R2
 SINGLE-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL

 R2
 NORTH


 2008-24P: 3800-38 Dempster Street (Modified Review)
PLAN COMMISSION REPORT 2012-25P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM August 6, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2012-25P: 3700 Touhy Avenue
 Special Use Permit for outdoor dining

PLAN COMMISSION ANALYSIS
At its June 21, 2012 meeting, the Plan Commission heard the request of LaSalle Bank
Trust No. B80002528 on behalf of Wendy’s International, for a special use permit for
outdoor dining at the existing Wendy’s limited service restaurant at 3700 Touhy Avenue
in a B2 Business district. Three tables would be installed with seating for 4 persons
each on an existing concrete patio located near the front entrance to the restaurant.
When the restaurant was rebuilt in 2011, the site plan indicated that outdoor dining
would be present, however a separate special use permit for outdoor dining was not
requested at that time.
The Plan Commission concurred with Staff’s recommendation to grant the special use
permit.

INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site and all occupants within the subject site as prescribed by
the Zoning Chapter. No interested parties spoke regarding this case.


APPEARANCE COMMISSION
Appearance Commission review is not required.


PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends by a vote of 9 ayes and 0 nays, that the petitioner’s
request for a special use permit for outdoor dining at 3700 Touhy Avenue be
APPROVED, subject to the recommended conditions.




#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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ATTENDANCE AYES NAYS ABSENT
 Marek X
 O’Donnell X
 Stasica X
 Paradise X
 Carandang X
 Laxpati X
 Berman (Second) X
 Mitchell (Moved) X
 Luke X

ATTACHMENTS
1. Proposed Positive Findings of Fact for 2012-25P
2. Staff Report, dated June 21, 2012
3. Plan Commission Meeting Minutes for June 21, 2012
4. Photo of sample tables
5. Seating Area Exhibit, dated March 5, 2012
6. Geometric Plan, dated March 23, 2011
7. Land Use and Zoning Map




#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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PLAN COMMISSION
RECOMMENDED CONDITIONS 2012-25P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM, August 6, 2012


RECOMMENDED SPECIAL USE CONDITIONS
1. The petitioner shall operate and maintain the outdoor dining area in substantial
 conformance with the Seating Area Exhibit, dated March 5, 2012, and Geometric
 Plan dated March 23, 2011.
2. The petitioner must widen the existing public sidewalk adjacent to the subject site to
 8 feet in width to accommodate a multi-use path that will run within the north
 parkway along Touhy Avenue. The additional width is to be added to the south side
 of the sidewalk. The widened sidewalk must be installed by no later than November
 30, 2012.
3. A 5-foot-wide sidewalk shall be installed at the northeast corner of the site to
 connect to the proposed sidewalk at the Touhy Marketplace Shopping Center.
STANDARD SPECIAL USE CONDITIONS
4. At least once during every 4 hours of operation and before opening and closing of
 the business, employees shall patrol the Subject Property and clear it of debris.
5. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property shall be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner. (Standard)
6. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
7. All signage shall conform to the Skokie Village Code. Any sign on the Subject
 Property that is in violation of that Code must be removed or modified to conform
 with the Village Code prior to the issuance of an occupancy permit. (Standard)
8. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
 objects that may impede travel. (Standard)
9. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property. (Standard)
10. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)

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11. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked. The petitioner shall pay
 all costs related to any hearings conducted as a result of non-compliance with any of
 the provisions of the enabling ordinance. The costs shall include but not be limited
 to court reporter fees, attorney fees, and staff time required researching and
 conducting said hearing. (Standard)




#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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PLAN COMMISSION
POSITIVE FINDINGS OF FACT 2012-25P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, August 6, 2012


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The outdoor dining area will not be detrimental to or endanger the
 public health, safety, morals, or general welfare, and will provide a
 seasonal alternative for patrons who wish to eat at the restaurant.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 affect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed use will not substantially change the character of the
 neighborhood, will not have an undue adverse affect upon adjacent
 property or property values in the neighborhood, will not unduly
 aggravate traffic conditions, and will not unduly burden essential
 public services.
3 Consideration The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.
 Findings The use will generate minimal additional traffic and parking demand
 due to the small scale of the operation and will not negatively
 impact neighboring business and residential uses. The use will be
 designed and operated so as to permit the use of neighboring
 property in accordance with applicable district regulations.




#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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4 Consideration The proposed use will not alter or be contrary to the primary
 purpose of the zoning district of the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 Findings The proposed use will not alter or be contrary to the primary
 purpose of the B2 Commercial district. The proposed use will have
 no impact upon nearby properties that also have special use
 permits.
5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as manufacturing/service employment in the
 Comprehensive Plan. Although not conforming to the intent of the
 Plan, this use is consistent with the development trend in the area.




#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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STAFF REPORT 2012-25P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, June 21, 2012


To: Paul Luke, Chairman, Skokie Plan Commission
From: Mike Voitik, Planning Technician
Case: 2012-25P: Special Use Permit
 3700 Touhy Avenue
 Outdoor dining

General Information
Location 3700 Touhy Avenue
Purpose Special use permit for outdoor dining
Petitioner LaSalle Bank Trust No. B80002528 on behalf of Wendy’s
 International
Size of Site 30,735 square feet (0.093 acres) with 133.72 feet of frontage on
 Touhy Avenue
Existing Zoning & B2 Commercial – limited service restaurant with drive-through
Land Use
Adjacent Zoning & North M3 Industry (approved for B2 Commercial) – vacant
Land Use land approved for Touhy Marketplace development
 South MB Light Manufacturing/Business (Lincolnwood) –
 industrial uses, Lowe’s home improvement center
 East M3 Industry (approved for B2 Commercial) – vacant
 land approved for Touhy Marketplace development
 West M3 Industry (approved for B2 Commercial) – vacant
 land approved for Touhy Marketplace development
 M3 Industry – industrial uses and gas station
Comprehensive Plan The site is designated as manufacturing/service employment.


SITE INFORMATION
 • The site currently includes Wendy’s restaurant with a drive-through facility.
 • One driveway is present at Touhy Avenue and one driveway, which accesses
 Touhy Avenue via an access easement, is present at the northwest corner of the
 property.
 • A public sidewalk exists along Touhy Avenue.
 • The 290 Pace bus route serves the site.

#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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STAFF ANALYSIS
Petitioner’s Submittal
The petitioner is requesting a special use permit for outdoor dining at the existing
Wendy’s limited service restaurant at 3700 Touhy Avenue in a B2 Business district. The
petitioner intends to install 3 tables with seating for 4 persons each on an existing
concrete patio near the front entrance to the Wendy’s. In 2011, when the Wendy’s
restaurant was reconstructed, the site plan indicated that outdoor dining would be
present, however a separate special use permit for outdoor dining was not requested at
that time (case 2011-6P).

Comments
Staff Comment and Review sheets were sent to all pertinent departments. Staff
comments on the subject case were received from the Engineering Division. All other
departments returned the sheets with no comments regarding the subject case.

 Engineering Division
 The Engineering Division has no objection to the petitioner’s request, but requests
 that the petitioner widen the existing public sidewalk adjacent to the subject site to
 8 feet in width to accommodate a multi-use path. The additional width is to be
 added to the south side of the sidewalk. The Illinois Department of Transportation
 recently reviewed plans for the proposed Touhy Marketplace shopping center
 development, which is going to be located to the east of the subject site, and
 required that an 8-foot-wide multi-use path be installed within the north parkway
 along Touhy Avenue. The petitioner must install the widened sidewalk by no later
 than November 30, 2012.

 Planning Division
 The Planning Division recommends approval of the special use permit for outdoor
 dining. The outdoor dining area will provide a seasonal alternative for patrons who
 wish to eat at the restaurant. The concrete pad for the outdoor dining area is
 already present, and the 3 proposed tables will not have a negative impact upon the
 operation of the business.

 A 5-foot-wide sidewalk must be constructed at the northeast corner of the site to
 connect with a proposed sidewalk at the Touhy Marketplace Shopping Center.

APPEARANCE COMMISSION
Appearance Commission review is not required.




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STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request for a special use permit for outdoor
dining at 3700 Touhy Avenue be APPROVED, based upon the Proposed Positive
Findings of Fact and subject to the recommended and standard special use permit
conditions.

RECOMMENDED SPECIAL USE CONDITIONS
1. The petitioner shall operate and maintain the outdoor dining area in substantial
 conformance with the Seating Area Exhibit, dated March 5, 2012, and Geometric
 Plan dated March 23, 2011.
2. The petitioner must widen the existing public sidewalk adjacent to the subject site to
 8 feet in width to accommodate a multi-use path that will run within the north
 parkway along Touhy Avenue. The additional width is to be added to the south side
 of the sidewalk. The widened sidewalk must be installed by no later than November
 30, 2012.
3. A 5-foot-wide sidewalk shall be installed at the northeast corner of the site to
 connect to the proposed sidewalk at the Touhy Marketplace Shopping Center.
STANDARD SPECIAL USE CONDITIONS
4. At least once during every 4 hours of operation and before opening and closing of
 the business, employees shall patrol the Subject Property and clear it of debris.
5. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property shall be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner. (Standard)
6. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
7. All signage shall conform to the Skokie Village Code. Any sign on the Subject
 Property that is in violation of that Code must be removed or modified to conform
 with the Village Code prior to the issuance of an occupancy permit. (Standard)
8. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
 objects that may impede travel. (Standard)
9. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property. (Standard)

#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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10. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)
11. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked. The petitioner shall pay
 all costs related to any hearings conducted as a result of non-compliance with any of
 the provisions of the enabling ordinance. The costs shall include but not be limited
 to court reporter fees, attorney fees, and staff time required researching and
 conducting said hearing. (Standard)


ATTACHMENTS
1. Proposed Positive Findings of Fact
2. Memorandum from the Engineering Division dated May 30, 2012
3. Photo of sample tables
4. Seating Area Exhibit, dated March 5, 2012
5. Geometric Plan, dated March 23, 2011
6. Land Use and Zoning Map




#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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Proposed Positive Findings of Fact 2012-25P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, June 7, 2012


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The outdoor dining area will not be detrimental to or endanger the
 public health, safety, morals, or general welfare, and will provide a
 seasonal alternative for patrons who wish to eat at the restaurant.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 affect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed use will not substantially change the character of the
 neighborhood, will not have an undue adverse affect upon adjacent
 property or property values in the neighborhood, will not unduly
 aggravate traffic conditions, and will not unduly burden essential
 public services.
3 Consideration The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.
 Findings The use will generate minimal additional traffic and parking demand
 due to the small scale of the operation and will not negatively
 impact neighboring business and residential uses. The use will be
 designed and operated so as to permit the use of neighboring
 property in accordance with applicable district regulations.




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4 Consideration The proposed use will not alter or be contrary to the primary
 purpose of the zoning district of the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 Findings The proposed use will not alter or be contrary to the primary
 purpose of the B2 Commercial district. The proposed use will have
 no impact upon nearby properties that also have special use
 permits.
5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as manufacturing/service employment in the
 Comprehensive Plan. Although not conforming to the intent of the
 Plan, this use is consistent with the development trend in the area.




#408036 v1 – Master Plan Commission Report 2012-25P: Special Use Permit for Outdoor Dining at 3700 Touhy Avenue
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 M2
 CHASE AVENUE



 AVENUE
 B2
 COMMERICAL
 MANUFACTURING MANUFACTURING
 B2
 COMMERICAL


 M3
 FUTURE SITE OF TOUHY MARKETPLACE
 INDUSTRY


 SUBJECT SITE
 MANUFACTURING


 MIXED-USE
 INDUSTRIAL B2
 BUILDING
 COMMERICAL

 GAS STATION & CAR WASH



 VILLAGE OF SKOKIE
 TOUHY AVENUE
 VILLAGE OF LINCOLNWOOD




 RIDGEWAY AVE. LAWNDALE AVE.
 MB MB



HAMLIN
 R3 MB
 LIGHT MANUFACTURING/BUSINESS LIGHT MANUFACTURING/BUSINESS




 NORTH


 2012-25P: 3700 Touhy Avenue (Special Use Permit)
PLAN COMMISSION REPORT 2012-28P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM August 6, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2012-28P: 8950 Gross Point Road #400
 Special Use Permit for child day care not in a residence

PLAN COMMISSION ANALYSIS
At its June 21, 2012 meeting, the Plan Commission heard the request of Stover Partners
#2, LP, on behalf of Chabad Israeli Center, for a special use permit in order to operate
a child day care not in a residence at 8950 Gross Point Road #400 in a B2 Commercial
district. The child day care would accommodate a maximum of 12 infants and 16
toddlers, have a staff of 4 employees, and operate Monday through Friday from 7:30
a.m. to 6:00 p.m.
A fenced playground for toddlers would be constructed on a 20 foot wide by 80 foot
long portion of the parking lot to the east of the 8950 Gross Point Road building.
Seventeen existing parking spaces would be shifted eastward, reducing the width of the
existing 2-way north-south driveway aisle to 24 feet. The existing pavement where the
parking spaces were formerly located would be utilized as a walkway to access the
playground. The playground would be protected from the parking spaces by wheel
stops and a guardrail.
The Plan Commission concurred with Staff’s recommendation to grant the special use
permit.

In response to a question by a commissioner who inquired about the operation of the
drop-off and pick up, the petitioner replied that there are currently 2 other tenants that
share the building with the proposed day care and there is also a vacant space. Parking
spaces are available near the front entrance to unit #400 and throughout the parking
lot since reserved parking spaces are not permitted at a multi-tenant commercial
building.

The commissioner also noted that there are currently 2 driveways that access the site
from Gross Point Road and Grove Street and asked if traffic could be restricted from
using the Grove Street driveway which opens into a residential neighborhood. Staff
replied that while there has been concern in the past over vehicles cutting through the
property to get from Gross Point Road to Grove Street, there was no way to restrict
traffic due to the need to provide access for emergency vehicles. Staff stated that it
would be the day care’s responsibility to direct parents to use the Gross Point Road
driveway when dropping off and picking up their children. The commissioner requested
that a procedure be in place for dropping off and picking up children prior to the

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presentation of the case before the Board of Trustees which has been submitted and is
attached to this report.


INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site and all occupants within the subject site as prescribed by
the Zoning Chapter. No interested parties spoke regarding this case.


APPEARANCE COMMISSION
Appearance Commission review is not required.


PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends by a vote of 9 ayes and 0 nays, that the petitioner’s
request for a special use permit for child day care not in a residence at 8950 Gross
Point Road #400 be APPROVED, subject to the recommended conditions as amended.

ATTENDANCE AYES NAYS ABSENT
 Marek X
 O’Donnell (Second)  X
 Stasica (Moved) X
 Paradise X
 Carandang X
 Laxpati X
 Berman X
 Mitchell X
 Luke X

ATTACHMENTS
1. Proposed Positive Findings of Fact for 2012-28P
2. Staff Report, dated June 21, 2012
3. Plan Commission Meeting Minutes for June 21, 2012
4. Operational Plan for Proposed Day Care, received July 19, 2012
5. Plat of Survey dated October 14, 2003
6. Floor Plan received May 18, 2012
7. Proposed Playground/Parking Lot
8. Land Use and Zoning Map




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PLAN COMMISSION
RECOMMENDED CONDITIONS 2012-28P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM, August 6, 2012


RECOMMENDED SPECIAL USE CONDITIONS
1. The petitioner shall operate and maintain the child care facility in substantial
 conformance with the Floor Plan, received May 18, 2012, and Proposed Playground
 Plan, dated June 13, 2012.
2. Prior to the issuance of an occupancy permit, the property owner must:
 A. Remove and replace all emerald ash borer-infested trees within Lot 2 with
 Village-approved parking lot trees.
 B. Change the unit number on the front door to the proposed child day care from
 #600 to #400.
 C. Remove all litter, weeds, and overgrown scrub trees from the area near the
 loading dock and within the landscaping along the north wall of the building.
 D. Scrape and repaint brick wall on the north side of the building adjacent to the
 loading dock.
 E. Seal coat and restripe the portion of the parking lot that is located within Lot
 2.
 F. Remove all reserved parking signage and associated sign posts that are
 currently located in the parking lot within Lot 2.
 G. Remount all shifted/overturned concrete wheel stops in the parking lot within
 Lot 2 and replace all broken concrete wheel stops.
3. All parking areas and driveways within Lots 1 and 2 are to be shared, as both lots
 are commonly owned.
4. The petitioner must install a guardrail in the parking area along the full length of the
 east side of the playground. The guardrail is to be installed no closer than 2.5 feet
 from the parking spaces in order to permit vehicles to overhang past the concrete
 wheel stops.
5. One bicycle parking space must be provided in compliance with Section 118-221 of
 the Skokie Village Code and must be constructed in the location as approved by
 Village staff.
6. Adult supervision must be provided at the child care facility and playground at all
 times that they are in use.
7. All children must be dropped off and picked up at the child care center by a parent
 or adult. Children shall not be allowed to leave the center without adult supervision.
STANDARD SPECIAL USE CONDITIONS

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8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property must be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner.
9. Parking lot and exterior lighting must meet IES standards, be full cut-off design and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division.
10. All off-street parking spaces must be legibly striped and maintained.
11. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission.
12. All signage must conform to the Skokie Village Code. Any sign on the Subject
 Property that is in violation of that Code must be removed or modified to conform
 with the Village Code prior to the issuance of an occupancy permit.
13. Vehicles must always be parked between, and not overlap, the striped lines of
 designated parking spaces and must not block driveways, sidewalks, aisles, or other
 points of access.
14. All private and public sidewalks must be maintained free of snow, ice, sleet, or other
 objects that may impede travel.
15. All landscaping must be maintained to a maximum height of 30 inches for a distance
 of 15 feet from any vehicular access point or intersection in order to maintain
 adequate sight distance.
16. Prior to the issuance of building permits, the petitioners must submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit.
17. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property.
18. The petitioners shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.
19. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked.
20. The petitioners shall pay all costs related to any hearings conducted as a result of

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 non-compliance with any of the provisions of the enabling ordinance. The costs
 shall include but not be limited to court reporter fees, attorney fees, and staff time
 required researching and conducting said hearing.




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PLAN COMMISSION
POSITIVE FINDINGS OF FACT 2012-28P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, August 6, 2012


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed special use will provide a beneficial service to the
 community and its operation should not have any adverse impact
 on other businesses in the area. The construction of the
 playground on the east side of the building at 8950 Gross Point
 Road will reduce the width of a currently excessively wide 2-way
 driveway to the Village standard of 24 feet, thereby improving the
 safety of the parking lot in that area.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 affect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed use will not substantially change the character of the
 neighborhood. The use will not aggravate traffic conditions or have
 an adverse affect on adjacent properties. The use will not
 overburden essential public service and utilities.
3 Consideration The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.
 Findings The use will generate minimal additional traffic and parking demand
 due and will not negatively impact neighboring business and
 residential uses. The use will be designed and operated so as to
 permit the use of neighboring property in accordance with
 applicable district regulations.




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4 Consideration The proposed use will not alter or be contrary to the primary
 purpose of the zoning district of the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 Findings The proposed use will not alter the primary purpose of the B2
 Commercial district. The nearest property with a special use permit
 is a car wash which is located on the east side of Gross Point Road.
 It is not anticipated that the proposed use will negatively impact the
 car wash or any other special use permits in the adjacent area.
5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings Although the site is designated as manufacturing/service
 employment in the Comprehensive Plan, the subject site has not
 contained any manufacturing uses since the late 1980’s and was
 approved for rezoning from M2 Light Industry to B2 Commercial in
 2007 (case 2007-21P).




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STAFF REPORT 2012-28P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, June 21, 2012


To: Paul Luke, Chairman, Skokie Plan Commission
From: Mike Voitik, Planning Technician
Case: 2012-28P: Special Use Permit
 8950 Gross Point Road #400
 Child day care not in a residence

General Information
Location 8950 Gross Point Road #400
Purpose Special use permit for child day care not in a residence
Petitioner Stover Partners #2, LP, on behalf of Chabad Israeli Center
Size of Site 80,342 square feet (1.844 acres) with 160.42 feet of frontage on
 Grove Street, 195.30 feet of frontage on Suffield Court, and
 339.55 feet of frontage on Gross Point Road
Existing Zoning & B2 Commercial – vacant offices, computer training school, self-
Land Use care dialysis training center
Adjacent Zoning & North M2 Light Industry – printing companies, snow removal
Land Use company
 South B2 Commercial – computer training school, home
 health care agencies, clinic
 R2 Single-Family – single-family residences, multifamily
 residence, congregate living facility (approved)
 East M2 Light Industry – ComEd property, abandoned Union
 Pacific property
 West R2 Single-Family – single-family residences
Comprehensive Plan The site is designated as manufacturing/service employment.


SITE INFORMATION
• The subject site contains a 1-story office building with a parking lot for 84 vehicles.
• The parking lot is accessible from both Gross Point Road and Grove Street. An
 additional driveway provides access from Grove Street to a loading area to the north
 of the building
• The subject site is not directly served by public transportation.

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• Public sidewalks are located along Gross Point Road and part of Grove Street. A
 substandard width sidewalk is located along the north side of Suffield Court.


STAFF ANALYSIS
Petitioner’s Submittal
The petitioner is requesting a special use permit in order to operate a child day care not
in a residence at 8950 Gross Point Road #400 in B2 Commercial district. The child day
care, which will be operated by the Chabad Israeli Center, will accommodate a
maximum of 12 infants and 16 toddlers, and have a staff of 5 employees. The hours of
operation will be Monday through Friday from 7:30 a.m. to 6:00 p.m.

A fenced playground for toddlers will be constructed on a 20 foot wide by 80 foot long
portion of the parking lot to the east of the 8950 Gross Point Road building. In order to
increase the area for the proposed playground, the petitioner will shift 17 parking
spaces eastward and use the area between the landscape island on the south and the
north fence line of the playground to the north. The parking spaces are able to be
shifted eastward because the 2-way north-south driveway aisle is excessively wide and
can be reduced to a width of 24 feet with enough remaining space to allow for legal
parking spaces on both sides of the aisle. The petitioner will utilize the existing
pavement where the parking spaces were formerly located as a walkway to access the
playground.

Comments
Staff Comment and Review sheets were sent to all pertinent departments and were
received from the Forestry Division and the Engineering Division. All other departments
returned the sheets with no comments regarding the subject case.

 Forestry Division
 The Village Forester requests that the property owner remove and replace all
 emerald ash borer-infested trees within Lot 2 with Village-approved parking lot
 trees. The Forester will mark all trees that need to be replaced with a white dot on
 the trunk.

 Engineering Division
 The Engineering Division has no objection to the petitioner’s request. A total of 7
 spaces are required for the child day care, and 81 spaces are required for all tenants
 at the 8950 building, which is located within Lot 2 of the Stover Subdivision.
 Although 84 spaces are currently provided within Lot 2, the parking lot only has 3
 handicapped accessible spaces while the Illinois Accessibility Code requires 4; thus,
 1 additional handicapped parking space will need to be located in the parking lot,
 leaving the parking lot with 82 total parking spaces. The 1 remaining excess parking

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Point Road #400
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 space, which is currently nonconforming because it is less than 9 feet wide and
 irregular in shape, will be converted into a striped no parking zone as a result of the
 installation of the playground and reconfiguration of the parking spaces.

 Because the subject site is part of a larger, commonly owned subdivision that spans
 multiple lots, the parking lot and driveways are to be shared across both lots. The
 proposed day care must provide and follow an operational plan depicting the drop
 off and pick up location and procedure.

 Planning Division
 The Planning Division recommends approval of the special use permit for a child day
 care not in a residence. The day care will provide a beneficial service to the
 community and its operation should not have any adverse impact on other
 businesses in the area. The playground for the toddlers is being configured in such
 a way as to avoid the loss of legal parking spaces and create a safe area for the
 children to play. The construction of the playground will also reduce a portion of the
 currently excessively wide 2-way north-south driveway to the east of the 8950
 building to the Village standard of 24 feet, thereby improving the safety of the
 parking lot in that area.

 The petitioner must install a guardrail in the parking area along the full length of the
 east side of the playground. The guardrail must be installed no closer than 2.5 feet
 from the parking spaces in order to permit vehicles to overhang past the concrete
 wheel stops.

 Additionally, the portion of the parking lot that is located within Lot 2 must be
 sealcoated and restriped. All reserved parking space signage and associated sign
 posts that are currently located in the parking lot within Lot 2 must be removed as
 Section 118-209 of the Skokie Village code prohibits required parking spaces from
 being assigned in nonresidential parking lots serving multiple users. Furthermore, all
 shifted/overturned concrete wheel stops and all broken concrete wheel stops must
 be replaced in the parking lot within Lot 2.

 The unit number on the front door to the proposed child day care must be changed
 from #600 to #400. Litter, weeds, and overgrown scrub trees must be removed
 from the area near the loading dock and within the landscaping along the north wall
 of the building. The brick wall along the north side of the building adjacent to the
 loading dock must be scraped and repainted where necessary.

 One bicycle parking space must be provided in compliance with Section 118-221 of
 the Skokie Village Code and must be located at a Village-approved location near the
 front entrance to the proposed child day care.


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APPEARANCE COMMISSION
Appearance Commission review is not required.

STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request for a special use permit for a child day
care not in a residence at 8950 Gross Point Road #400 be APPROVED, based upon the
Proposed Positive Findings of Fact and subject to the recommended and standard
special use permit conditions.

RECOMMENDED SPECIAL USE CONDITIONS
1. The petitioner shall operate and maintain the child care facility in substantial
 conformance with the Floor Plan, received May 18, 2012, and Proposed Playground
 Plan, dated June 13, 2012.
2. Prior to the issuance of an occupancy permit, the property owner must:
 A. Remove and replace all emerald ash borer-infested trees within Lot 2 with
 Village-approved parking lot trees.
 B. Change the unit number on the front door to the proposed child day care from
 #600 to #400.
 C. Remove all litter, weeds, and overgrown scrub trees from the area near the
 loading dock and within the landscaping along the north wall of the building.
 D. Scrape and repaint brick wall on the north side of the building adjacent to the
 loading dock.
 E. Sealcoat and restripe the portion of the parking lot that is located within Lot 2.
 F. Remove all reserved parking signage and associated sign posts that are
 currently located in the parking lot within Lot 2.
 G. Remount all shifted/overturned concrete wheel stops in the parking lot within
 Lot 2 and replace all broken concrete wheel stops.
3. All parking areas and driveways within Lots 1 and 2 are to be shared, as both lots
 are commonly owned.
4. The proposed day care must provide and follow an operational plan depicting the
 drop off and pick up location and procedure.
5. The petitioner must install a guardrail in the parking area along the full length of the
 east side of the playground. The guardrail is to be installed no closer than 2.5 feet
 from the parking spaces in order to permit vehicles to overhang past the concrete
 wheel stops.
6. One bicycle parking space must be provided in compliance with Section 118-221 of
 the Skokie Village Code and must be constructed in the location as approved by
 Village staff.
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7. Adult supervision must be provided at the child care facility and playground at all
 times that they are in use.
8. All children must be dropped off and picked up at the child care center by a parent
 or adult. Children shall not be allowed to leave the center without adult supervision.


STANDARD SPECIAL USE CONDITIONS
9. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property must be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner.
10. Parking lot and exterior lighting must meet IES standards, be full cut-off design and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division.
11. All off-street parking spaces must be legibly striped and maintained.
12. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission.
13. All signage must conform to the Skokie Village Code. Any sign on the Subject
 Property that is in violation of that Code must be removed or modified to conform
 with the Village Code prior to the issuance of an occupancy permit.
14. Vehicles must always be parked between, and not overlap, the striped lines of
 designated parking spaces and must not block driveways, sidewalks, aisles, or other
 points of access.
15. All private and public sidewalks must be maintained free of snow, ice, sleet, or other
 objects that may impede travel.
16. All landscaping must be maintained to a maximum height of 30 inches for a distance
 of 15 feet from any vehicular access point or intersection in order to maintain
 adequate sight distance.
17. Prior to the issuance of building permits, the petitioners must submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit.
18. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property.
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19. The petitioners shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.
20. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked.
21. The petitioners shall pay all costs related to any hearings conducted as a result of
 non-compliance with any of the provisions of the enabling ordinance. The costs
 shall include but not be limited to court reporter fees, attorney fees, and staff time
 required researching and conducting said hearing.

ATTACHMENTS
1. Proposed Positive Findings of Fact
2. Memorandum from the Engineering Division dated June 18, 2012
3. Plat of Survey dated October 14, 2003
4. Floor Plan received May 18, 2012
5. Land Use and Zoning Map




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Proposed Positive Findings of Fact 2012-28P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, June 21, 2012


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed special use will provide a beneficial service to the
 community and its operation should not have any adverse impact
 on other businesses in the area. The construction of the
 playground on the east side of the building at 8950 Gross Point
 Road will reduce the width of a currently excessively wide 2-way
 driveway to the Village standard of 24 feet, thereby improving the
 safety of the parking lot in that area.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 affect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed use will not substantially change the character of the
 neighborhood. The use will not aggravate traffic conditions or have
 an adverse affect on adjacent properties. The use will not
 overburden essential public service and utilities.
3 Consideration The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.
 Findings The use will generate minimal additional traffic and parking demand
 due and will not negatively impact neighboring business and
 residential uses. The use will be designed and operated so as to
 permit the use of neighboring property in accordance with
 applicable district regulations.




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Point Road #400
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4 Consideration The proposed use will not alter or be contrary to the primary
 purpose of the zoning district of the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 Findings The proposed use will not alter the primary purpose of the B2
 Commercial district. The nearest property with a special use permit
 is a car wash which is located on the east side of Gross Point Road.
 It is not anticipated that the proposed use will negatively impact the
 car wash or any other special use permits in the adjacent area.
5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings Although the site is designated as manufacturing/service
 employment in the Comprehensive Plan, the subject site has not
 contained any manufacturing uses since the late 1980’s and was
 approved for rezoning from M2 Light Industry to B2 Commercial in
 2007 (case 2007-21P).




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B”H

 Operational Plan for Proposed Daycare at 8950 Gross Point Rd.



 A. A small number of parents (3‐5 cars) will be bringing their children between the hours of 7:30
 and 8:45am for Early care.

 B. The rest of the parents (8‐10 cars) will be bringing their kids between the hours of 8:45 and 9:30.

 C. They will arrive through the East entrance on Gross Point and park in the parking spaces
 adjacent to the building. There is plenty of parking spaces right outside the building so parents
 will not have to park on the opposite side of the parking lot and cross with their children.

 D. Parents will accompany their children into school and then exit from the Gross Point exit.

 E. Part time students end their school day at 12:30pm. Between 8 and 10 parents will pick up their
 children at that time, entering and exiting in the same way they did in the morning.

 F. Children who stay for a full day will be leaving the Daycare between the hours of 4 and 6pm.
 Parents will enter and exit in the same way that they did in the early morning.
 LA
 AVENUE
 MINA
  R2 M2




 TER
 R2 VILLAGE OF SKOKIE PUBLIC WORKS




 SUFFIELD TERRACE FIRE STATION

 VE. M2
 AD
 RO
 R2 MANUFACTURING RESIDENTIAL

 R2 M2 R4
 SINGLE-FAMILY RESIDENTIAL
 SUBJECT SITE
 NURSING HOME




 GROVE STREET
 SCHOOL

 R4

 R2
 R2 2012-28P MULTIFAMILY
 B2
 SINGLE-FAMILY RESIDENTIAL SCHOOL
 HOUSING




 SUFFIELD
 OFFICES
 INT M2 COURT
 PO

 LARAMIE
 R2
 CAR WASH
 R2
 SS R4
 SINGLE-FAMILY RESIDENTIAL
 R3 GR
 O M1
 NORTH


2012-28P: 8950 Gross Point Road #400 (Special Use Permit)
PLAN COMMISSION REPORT 2012-29P: Zoning Chapter Amendment
Plan Commission Council Chambers, 8:00 PM, August 6, 2012

To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2012-29P: Zoning Chapter Amendment

PLAN COMMISSION ANALYSIS
At its June 21, 2012 meeting, the Plan Commission heard the request of the Village
Manager to amend the Skokie Village Code to increase the maximum fence height in
residential side yards to 5 feet, eliminate exception permits and eliminate the 50%
openness requirement.
The staff report compared Skokie fence regulations with 5 surrounding community
regulations and reviewed the outcome of Zoning Board cases involving fences. Staff
found that Skokie has the most restrictive fence height and percent open regulations in
the area. All other municipalities allow at least a 6-foot tall solid fence in a side yard or
along at least a portion of a side lot line, with Wilmette and Glenview allowing 6.5-foot
and 7-foot fences respectively. It was also reported that over the past five years that
just over 50% of cases before the Zoning Board of Appeals are fence cases and
between 75% and 94% of those are approved in any given year. Staff recommended
that the maximum fence height in a side yard be increased to 5 feet, the elimination of
fences as allowable exceptions, and removing the 50% open minimum requirement in a
residential side yard.
The Police Department submitted a memorandum that made no specific
recommendation regarding fence height or percent open. The memorandum noted that
most police officers can see over a 4- or 5-foot fence and prefers that any fence over 5
feet in height be 50% or more open.
The Chairman asked Ralph Klein, Zoning Board of Appeals Chairman, to present
testimony on exception permits involving fences that have been heard by the Zoning
Board of Appeals. Mr. Klein’s opinion is that most resident’s that request a fence
exception wish to enclose themselves in their yard. In his opinion, six-foot tall solid
fences do not let light and air through and can block a neighbor’s view. One
commissioner questioned Chairman Klein as to how much weight the Police
Department’s memorandum went into the Zoning Board’s decisions on fence cases. Mr.
Klein stated that the Police Department’s concerns are expressed to petitioners, but it
does not deter them from applying for a taller and or solid fence.
Several commissioners commented on the proposed changes. One commissioner
questioned why the 50% open requirement should be removed. Staff responded that it
is a restrictive rule that limits residents’ choices, is difficult to enforce, and prolongs
permit review. Another commissioner questioned what percentage of fence permits
appear before the Zoning Board of Appeals. Staff estimated approximately 1% of all


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fence permits required zoning approval; however, not all permits involve fencing along
a side yard. Another commissioner questioned the basis for the staff recommendation.
Staff responded that the recommendation was designed as a compromise to give
residents more privacy, more fencing options, while making the permit review process
simpler.



INTERESTED PARTIES
Legal notice was properly advertised as prescribed by the Zoning chapter of the Village
Code. A press release was also posted on the Village of Skokie’s website.

Seven residents spoke at the hearing regarding this case. Two residents were opposed
to all of staff’s recommendations. Some residents were in favor of the proposed height
change, but opposed 6-foot tall fences. Several residents favored maintaining an open
style fence in a side yard, while one resident was completely opposed. Some residents
agreed that fence cases should not be exceptions. One resident argued that fence
height should become a variation.

PLAN COMMISSION RECOMMENDATIONS AND VOTING
A motion was made to accept Staff’s recommendation. A second motion was made to
keep the 50% open requirement so there could be further discussion on the topic. The
second motion failed and the motion to accept Staff’s recommendation was voted on
and approved.
The Plan Commission recommends, by a vote of 7 ayes and 2 nays, that the petitioner’s
request to amend Chapter 118 Zoning of the Skokie Village Code, as shown in the
attached Staff Report 2012-29P, be GRANTED.
ATTENDANCE AYES NAYS
 Marek X
 O’Donnell X
 Stasica (Moved) X
 Paradise X
 Carandang X
 Laxpati (Second) X
 Berman X
 Mitchell X
 Luke X

ATTACHMENTS
1. Staff Report for case 2012-29P, dated June 21, 2012
2. Minutes for Plan Commission meeting for 2012-29P




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STAFF REPORT 2012-29P: Zoning Chapter Amendment
Community Development Department Council Chambers, 7:30 PM, June 21, 2012




To: Paul Luke, Chairman, Skokie Plan Commission
From: Brian Augustine, Zoning Administrator

Case: 2012-29P: Zoning Chapter Amendment
 Fence height, eliminate exception permits for fences, and other related
 amendments


 General Information
 Petitioner Village Manager
 Purpose To increase the maximum fence height in residential side
 yards to 5 feet, eliminate exception permit for fences, and
 other related amendments.

STAFF ANALYSIS
Petitioner’s Submittal
The Village Manager is requesting that the Zoning chapter of the Skokie Village Code be
amended to increase the maximum fence height allowed by right in residential side
yards to 5 feet, eliminate exception permits for fences, and other related amendments.
As part of this request, Staff reviewed fence regulations in Skokie and surrounding
municipalities. Staff also analyzed the cases heard by the Skokie Zoning Board of
Appeals and reviewed exception permits and variations rules in Sec. 118-31.


Comments
Staff Comment and Review sheets were sent to all pertinent departments. The Village
Manager, Police Department and the Community Development Department were the
only departments to comment on the case.
 Village Manager
 The Village Manager recommended that the maximum fence height in a residential
 side yard be changed to 5-feet. The change would resolve issues of security raised
 by the Police Chief, standardize side yard fence height, make it easier for
 homeowners to understand, and citizens would avoid the cost and delay of filing for
 an exception permit or variance. The Manager had no opinion regarding whether
 fences should be open or solid.


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 Police Department
 The Police Department made no specific recommendations regarding fence height
 and percent open; however, in was noted that the height of a fence may affect
 searching for a missing person or a suspect or an officer’s ability to scale the fence
 in the event of a foot chase. Most police officers can see over a 4-or 5-foot tall
 fence, but not usually 6-foot tall fences. The police department prefers any fence
 over 5-feet in height be 50% or more open.


 Building and Zoning Division
 One of the most asked zoning questions to the Building and Zoning Division is about
 the reasoning behind the 4-foot side lot line fence height and the requirement that it
 be at least 50% open. Staff explains shorter fences create more openness in yards
 and allow the passage of light and air, particularly when lots are narrow and houses
 are closely spaced. Some residents counter that their privacy and right to enjoy
 their private property is more important and refer to the regulations of neighboring
 towns.
 It is difficult to review and enforce the “50% open” requirement for fences along
 side lot lines. Most board on board fences truly do not meet the "50% open"
 requirement. Most board on board fences and many picket fences do not meet the
 50% open rule. A typical picket may be 4” wide, while the opening between pickets
 is less. These fences clearly are open type fences but technically do not meet the
 ordinance. Traditionally, these fences have always been accepted as meeting the
 ordinance. Please see pictures 1 through 4 in the attachments.
 Permit review can also be challenging. Unlike other municipalities, because most
 fence styles need to be researched to see if they conform to the style requirements,
 staff cannot issue over-the-counter fence permits. This research includes finding
 the fence style online or additional contact and follow-up with the owner or
 contractor, creating a delay in processing what should be a simple application. With
 approximately 220 fence request permit applications per year streamlining this
 portion of the permitting process would both improve staff efficiency and improve
 customer service, for the other 2,000 plus permit processed every year.
 If a homeowner would like a fence taller than 4 feet in height, they can petition to
 the Zoning Board of Appeals for an exception, which is a form of a variation.
 Exception permits have a lower filing fee, less stringent findings of fact and personal
 notice is only required to be given to abutting neighbors. Staff rarely hears
 complaints from other neighbors regarding not being notified of zoning approvals for
 taller fences.


Survey of Surrounding Municipalities



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Staff compared Skokie fence regulations to those of five surrounding municipalities:
Niles, Glenview, Evanston, Lincolnwood, and Wilmette. The results of the survey are
attached in Table 1 - Surrounding Community Maximum Fence Heights in Residential
Side Yards.
 Fence Height
 Skokie and Lincolnwood are the only municipalities to limit fence height to 4 feet
 between residential buildings. Skokie further limits fence height to 4 feet along the
 entire side lot line, from the front wall of the building to the rear lot line, while
 Lincolnwood allows 6-foot tall fences along a side lot line between the rear wall of a
 house and the rear lot line (behind the house). Lincolnwood also allows 6-foot tall
 wrought iron fences by right in any side or rear yard. All other municipalities allow
 at least a 6-foot tall solid fence in a side yard or along a side lot line, with some
 such as Wilmette and Glenview allowing 6.6-foot and 7-foot fences respectively.
 Fence Style / Minimum Percent Open
 Skokie and Lincolnwood are the only municipalities regulating the style of fencing in
 a side yard or along a side lot line. Lincolnwood requires an open type fence in a
 side yard or along a side lot line, while Skokie requires “50% open”. The four other
 municipalities do not regulate the percent open of a fence in a side yard.
 Relief for Taller Fences
 All municipalities surveyed have some form of relief for requesting a fence taller
 than their zoning ordinance allows. During phone conversations with employees
 from other municipalities it was noted that fence cases are eligible for relief, but
 such relief is not common. Staff did not specifically discuss if the relief is given
 from an appeals board or if the relief can be granted from staff.


Analysis of Zoning Board of Appeals Cases
For the 2007 though 2011 calendar years, just over half of the cases heard by the
Skokie Zoning Board of Appeals were exception cases for residential side lot line fence
height or style. Over the 5-year period, the ZBA approved just 83% of those fence
cases, ranging from 75% to 94% in any given year. Fence cases are reviewed on the
merits of each case, and the approvals include both fence height and style. The details
of the analysis are in the attached Table 2 - Fence Cases heard by the Skokie Zoning
Board of Appeals 2007-2011.


Summary
In summary, based upon the above research, staff recommends that any type of 5-foot
tall fence in a side yard or along a side lot line should be permitted by right. Staff also
recommends that fences should be removed from permitted exceptions with no relief
for a taller fence. These changes will allow residents more privacy while still allowing


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for public safety and adequate light and air to neighboring buildings. Staff will also be
able to issue fence permits over the counter, which will improve customer service.


In the future staff would also like to review the remaining types of exceptions to see if
any changes are needed.


STAFF RECOMMENDATION
Staff recommends that Appendix A of Chapter 118 Zoning of the Skokie Village Code be
amended, with text to be added highlighted and text to be deleted highlighted and
stricken through:


Sec. 118-31. Powers of Zoning Board of Appeals; variations and exceptions;
review of orders and decisions of Director of Community Development.
(a) Variations and exceptions. The Zoning Board of Appeals shall hear and decide
 the following types of variation and exception permit cases, excluding any
 provisions or conditions of any ordinance providing for a special use permit or
 site plan approval, or for any lot in the B4 Regional Shopping, B6 Downtown
 Science and Technology, H1 Hospital and OR Office Research districts.

 (1) Variations.

 a. Accessory buildings and structures. A variation may be
 granted for the location and size within permitted yards. However,
 the Zoning Board of Appeals shall have no authority to grant a
 variation to allow a front yard fence or for fence height.
 …
 (2) Exceptions.
 a. An exception may be granted for fences and permanently installed
 barbeques, relating to requirements in required yards.
 …


Sec. 118-80. Fences.
(a) A permit shall be required for the construction, installation, or replacement of
 any fence.
(b) All fence posts and other supporting members must face to the owner's side or
 be enclosed on two sides by fencing.
(c) A fence shall not have a solid surface exceeding 50 percent of the total surface
 area in a residential zoning district when abutting another lot in a residential

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 zoning district if the fence is either along a side lot line or in a side yard,
 provided, however, no more than 6 linear feet of the fence may be continuously
 solid.
(dc) Fence location.
 (1) No fence shall be allowed on any part of a front yard or corner side yard
 except at schools, public parks, governmental uses, and public utilities,
 required for the protection of the public in residential zoning districts.
 Decorative fences in the front yard of a nonresidence use in a residential
 zoning district may be allowed with site plan approval.
 (2) A temporary fence required as a condition of a Village permit or license at
 a construction or work site shall be allowed in all required yards.
 (3) Fences shall be allowed in accordance with section 118-75. Permitted
 obstructions in required yards.
(ed) A fence may be erected to a height not exceeding 6 feet from ground level,
 except in industrial districts or as otherwise provided below:
 (1) A fence may be erected to a height not exceeding 4 5 feet from ground
 level in a residential zoning district when abutting another lot in a
 residential zoning district if the fence is either along a side lot line or in a
 side yard.
 (2) A fence may be erected to a height of 8 feet from ground level where a
 side or rear lot line of a property in a residential zoning district abuts
 either an industrial district or an alley abutting an industrial district.
 (3) Any fence or fence post within a 10-foot sight distance triangle in R1, R2,
 R3, and R4 districts, or within a 15-foot sight distance triangle in all other
 districts, shall not exceed 30 inches in height.
(fe) The following types of fences and fence attachments are prohibited unless
 otherwise stated:
 (1) Electrically charged.
 (2) Barbed wire, razor wire or any guard or barricade intended to cause
 injury. Barbed wire shall only be allowed at industrially zoned property,
 located at least 6 feet above ground level, and extended inward towards
 the property enclosed.
ATTACHMENTS
1. Table 1 - Surrounding Community Maximum Fence Heights in Residential Side Yards
 Table 2 - Fence Cases heard by the Skokie Zoning Board of Appeals 2007-2011
2. Photographs 1 – 4 of fences
3. Memorandum from Anthony Scarpelli, Chief of Police
4. Memorandum from Al Rigoni, Village Manager


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Attachment 1 – Tables


 Table 1. Surrounding Community Maximum Fence Heights in Residential Side Yards
 Municipality Maximum Side Yard Percent open Relief for taller fences?
 Height requirement?

 Niles 6 feet No Yes
 Glenview 7 feet No Yes
 Evanston 6 feet * No Yes
 Lincolnwood 4 feet on side of residence Yes – 50% open Yes
 minimum
 6 feet along side lot line in
 rear yard **

 Wilmette 6.5 feet No Yes
 Skokie 4 feet Yes - 50% open Yes
 minimum
 * = 4 foot maximum height if located within 3 feet of front façade of building
 ** = all fences must be setback at least 3 feet from front façade of residence and wrought iron
 fences up to 6-foot tall may be erected in a side or rear yard




 Table 2. Fence Cases heard by the Skokie Zoning Board of Appeals 2007-2011
 Year Total Cases % of Approved Denied Dismissed % of
 Cases regarding fence Total or cases
 height or Cases withdrawn approved
 percent open
 2007 49 25 51% 21 2 2 84%
 2008 45 18 38% 15 3 0 83%
 2009 30 15 50% 12 2 1 80%
 2010 31 16 52% 15 0 1 94%
 2011 23 16 70% 12 3 1 75%
 Total 178 90 51% 75 10 5 83%




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Attachment 2 – Photographs




 Board on Board Fences


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Attachment 2 – Photographs Case 2012-29P




 Picket Fences


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12641
MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of
Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8
p.m. on Monday, August 6, 2012

Pledge of Allegiance led by Deputy Clerk Sylvia Luke
The Mayor called the meeting to order.
The Deputy Clerk called the Roll. Those present were Trustee Perille, Roberts, Sutker, Shah,
Lorge and Mayor Van Dusen. Trustee Bromberg was not present.
Motion to approve the Consent Agenda.
Moved: Trustee Lorge Seconded: Trustee Shah
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

* Approve, as submitted, minutes of regular meeting held July 16, 2012.
Omnibus vote.

* Approve Voucher List #6-FY13 of August 6, 2012.
Omnibus vote.

Recognition, Presentations and Awards.
A. Recognition:
Bicycle Rodeo Day 2012 Winners
Chairman Paul Pitalis presented the Bicycle Rodeo Day 2012 Winners to Connorr
Frampton and Teddy Clerk.

Appointments, Reappointments and Resignations.
Swearing in of the following personnel by the Board of Fire and Police
Commissioner Beryl Rabinowitz
Name Old Position New Position
John Hoffman New Hire Firefighter
Matthew Kochajkiewicz New Hire Firefighter
Kevin Lieder New Hire Firefighter
Mayor Van Dusen congratulated the new Firefighters who introduced their family and
friends.

B. Appointments:
Appearance Commission (Three-Year Term): Mayor George Van Dusen swore in Julie
Naumiak as a member of the Appearance Commission.

*Human Relations Commission (Three-Year Term): David Donegan
*C. Reappointment:
Fine Arts Commission (Two-Year Term): Karyn Israel
*D. Resignations:
Commission on Family Services: Edward Reed
Sustainable Environmental Advisory Commission: Romil K. Sood
Omnibus vote.

Report of the Village Manager.
A. Oakton Street Skokie Swift Station Auxiliary Improvements.
Resolution 12-8-R-1192
Motion to approve a contract to A Lamp Contractors in the amount of $703,459.50 for
construction of sidewalk and bus turnout bays for the Oakton Street Station.
Director of Engineering Fred Schattner and Senior Civil Engineer Erik Cook answered
questions from the Board.
Moved: Trustee Roberts Seconded: Trustee Perille
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

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12642
Meeting of the Mayor and Board of Trustees
Monday, August 6, 2012 Page Two

* B. Old Orchard Road/Skokie Boulevard Intersection Improvement Project Intergovernmental
Agreement with the County of Cook.
Omnibus vote.

* C. Bid Report – Self Contained Breathing Apparatus – Air One Equipment Inc., South
Elgin, IL - $369,645.
Omnibus vote.

*D. Purchase of FY2013 Police and Evidence Technician Vehicles – Currie Motors,
Frankfort, IL - $137,635.00 and Miles Chevrolet, Decatur, IL - $26,432.75.
Omnibus vote.

Report of the Corporation Counsel.
CONSENT:
*A. Ordinance 12-8-Z-3926
Motion to adopt an ordinance providing for the repeal of various ordinances granting special
use permits and site plan approvals at multiple locations within the Village of Skokie. This
item is on the consent agenda for second reading and adoption.
Omnibus vote.

*B. Ordinance 12-8-Z-3927
Motion to adopt an ordinance granting a special use permit to establish and operate retail sales
at 8043 Lawndale Avenue, Skokie, Illinois in an M2 Light Industry district (2012-24P). This
item is on the consent agenda for second reading and adoption.
Omnibus vote.

*C. Ordinance 12-8-Z-3928
Motion to adopt an ordinance vacating the western portion of the east-west alley north of and
adjacent to 4854-4856 Elm Street, Skokie, Illinois, within an area bounded by Lee Street,
Skokie Boulevard, Elm Street and Commonwealth Edison Company property, in an M2 Light
Industry district (2012-26P). This item is on the consent agenda for second reading and
adoption.
Omnibus vote.

*D. Ordinance 12-8-Z-3929
Motion to adopt an ordinance amending the zoning map with regard to the property located at
4854-4856 Elm Street, Skokie, Illinois from an M2 Light Industry district to an R4 Multifamily
Housing district (2012-27P). This item is on the consent agenda for second reading and
adoption.
Omnibus vote.

FIRST READING:
E. Resolution 12-8-R-1193
Motion to adopt a resolution approving a plat of subdivision for the property located at 3945
Dempster Street, Skokie, Illinois in a B2 Commercial district. This item is on the agenda for
first reading and adoption.
Moved: Trustee Lorge Seconded: Trustee Shah
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

SECOND READING
F An ordinance amending Chapter 18, Articles I, II and III, of the Skokie Village Code
pertaining to animals. This item is on the agenda for second reading and adoption.
Director of Health Dr. Counard and Environmental Health and Animal Control Supervisor
Bruce Jones spoke about the extensive review of Chapter 18, pertaining to the control of dogs
and cats by an owner. They answered questions from the Board and the residents.

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 12643
Meeting of the Mayor and Board of Trustees
Monday, August 6, 2012 Page Three

David Tennebaum questioned various aspects of the ordinance.
Mrs. Patel, 8342 Kilbourn spoke about an incident with a vicious animal and her dog and the
effect that it had on her family. Mr. Diz, 5530 Morton Grove and a resident on Elm Terrace
commented on the proposed ordinance.
Corporation Counsel Hanley responded to some of the issues.
Motion to table this ordinance until the next Board Meeting on August 20th.
Moved: Trustee Roberts Seconded: Trustee Sutker
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

New Business.
Chairman Paul Luke presented the New Business.
A.Modified Review Plan Commission Case 2005-2P – Second Floor Dwelling at Skokie
Theater: 7924 Lincoln Avenue
Motion to approve the request through the modified review procedure from 7924
Lincoln LLC (Skokie Theater) to amend special use permit ordinance #05-4-Z-3349 to
allow a second floor apartment at the theater. Also recommended that relief be granted
for a one space parking deficit for the efficiency apartment subject to all conditions.
Moved: Trustee Shah Seconded: Trustee Lorge
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

B.Modified Review Plan Commission Case 2008-24P – Or Torah Synagogue
Expansion: 3800-3838 Dempster Street
Motion to approve the request through the modified review procedure from
Congregation Or Torah at 3800 to 3838 Dempster Street to amend its special use permit
approval ordinance #08-11-Z-3648 to expand the synagogue into the former Poochie’s
restaurant space subject to all conditions.
Community Development Director Peyer answered questions from the Board.
Moved: Trustee Sutker Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

Plan Commission.
Chairman Paul Luke presented the Plan Commission Cases.
A. Plan Commission Case 2012-25P – Special Use Permit for Outdoor Dining: 3700
Touhy Avenue
Motion to concur with the Plan Commission that the petitioner’s request for a special
use permit for outdoor dining at 3700 Touhy be approved subject to all conditions.
Moved: Trustee Lorge Seconded: Trustee Shah
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

B. Plan Commission Case 2012-28P – Special Use Permit for Child Day Care: 8950
Gross Point Road #400
Motion to concur with the Plan Commission that the petitioner’s request for a special
use permit for child day care not in a residence at 8950 Gross Point Rd. #400 be
approved subject to all conditions.



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Meeting of the Mayor and Board of Trustees
Monday, August 6, 2012 Page Four


Moved: Trustee Perille Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

C. Plan Commission Case 2012-29P – Zoning Chapter Amendment: Fence Height
Motion to concur with the Plan Commission that the petitioner’s request to amend
Chapter 118, Zoning of the Skokie Village Code to increase the maximum fence height
in residential side yards to 5 feet be granted subject to all conditions.
Chairman of the Zoning Board Ralph Klein answered questions from the Board.
Moved: Trustee Perille Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg.
MOTION CARRIED

Citizen Comments.
Trustee Roberts gave a status report from the Task Force Committee relating to traffic on
Main Street near Middleton School.


Adjournment
Motion to adjourn at 9:10 p.m.
Moved: Trustee Perille Seconded: Trustee Sutker
Ayes: Perille, Roberts, Sutker, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: Bromberg
MOTION CARRIED




 __________________________

 Sylvia Luke, Deputy Clerk




Approved:
______________________
George Van Dusen, Mayor




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