Zoning Board of Appeals
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M UN ICIPA L CENTER / 101 SCHAUM BU RG COU RT / SCHAUMBURG , IL 60193-1899 847.895.4500 / FA X 847.895.7806 / WWW .VILLAGEOFSCHAUMBURG .COM ZONING BOARD OF APPEALS A G E N D A WEDNESDAY, SEPTEMBER 9, 2015 7:00 PM - PARKER HALL MINUTES TO BE APPROVED: Z1506-02 / ROYAL INDIA RESTAURANT (7/29/15 ZBA Meeting) General Minutes from 8/26/15 ZBA Meeting Z1507-05 / IHOP RESTAURANT (8/26/15 ZBA Meeting) Z1506-05 / GRANITE CITY FOOD AND BREWERY / Plat of Right of Way Dedication, Parking Setback Variation (8/26/15 ZBA Meeting) Z1507-02 / GRANITE CITY FOOD AND BREWERY / Valet Parking Plan Approval (8/26/15 ZBA Meeting) Z1507-07 / SCHAUMBURG PARK DISTRICT SPORT CENTER (8/26/15 ZBA Meeting) Z1508-05 / WOODFIELD MALL (8/26/15 ZBA Meeting) CASES TO BE HEARD: (TO VILLAGE BOARD - 9/22/15) Z1407-03 / WOODFIELD VILLAGE GREEN SHOPPING CENTER / 1400-1570 E. Golf Road / Signage Plan Approval Z1508-03 / Amendment to Municipal Code / Title 15, Chapter 154, Sections 154.27, 154.158, 154.159, 154.160, 154.161, 154.162 and Appendix A – Rentals in Residential Districts M UN ICIPA L CENTER / 101 SCHAUM BU RG COU RT / SCHAUMBURG , IL 60193-1899 847.895.4500 / FA X 847.895.7806 / WWW .VILLAGEOFSCHAUMBURG .COM Zurich North American Headquarters / 1299 Zurich Way / Variation to Increase the Size of a Wall Sign Z1508-4 / Amendment to Municipal Code / Title 15, Chapter 155, Section 155.50 – Electronic Signs Z1506-02 / Royal India Restaurant / 602 W. Wise Road - Spring Cove Shopping Center / Special Use for a Type "A" Restaurant ADJOURNMENT: In compliance with the American with Disabilities Act and other applicable Federal and State laws, the meeting will be accessible to individuals with disabilities. Persons requiring auxiliary aids and/or services should contact the Community Development Department at (847) 923-4420 preferably no later than five days before the meeting. Z1506-02 / ROYAL INDIA RESTAURANT / 602 W. Wise Road – Spring Cove Shopping Center / Special Use for a Type “A” Restaurant (Continuation from 7/15/15 ZBA Meeting) Village of Schaumburg Zoning Board of Appeals July 29, 2015 Page 1 of 4 The meeting was called to order at 7:08 p.m. by Chairman Roger Williams. Members Present: Mr. Williams, Mr. Bieschke, Mr. Clar, Mr. Raimondi, Mr. Szurgot and Ms. Veatch Members Absent: Mr. Dolbeare A quorum was present. Sworn in for testimony: Marisa Warneke Gage Rosti Community Planner Health Inspector Rupesh Patel Barney Hanrahan 2148 Adobe Drive 582 Lorelei Drive Addison, IL 60101 Schaumburg, IL 60193 Dean DelGhinghro 587 Lorelei Drive Schaumburg, I L60193 Ms. Warneke stated that this case was reviewed by the ZBA on 7/15, at which time there were some concerns raised about the existing exhaust system in the restaurant. Since that meeting, Staff has met the restaurant owner on-site to examine the exhaust system. The Petitioner is proposing to change out some of the equipment in the kitchen, which will include a clay oven, a flat-top grill and a stove. The Health Department enforces specific requirements pertaining to the exhaust system, which are State requirements that apply to all restaurants in Schaumburg. For example, the Petitioner is required to have the kitchen exhaust system checked to ensure proper functioning by a licensed HVAC contractor. This includes that the hood and ducts be thoroughly cleaned and that existing filters get replaced with new filters. The hood also needs to be balanced by a licensed HVAC balancer. The Health Department receives a copy of that report prior to the restaurant opening for business or prior to issuing a Certificate of Occupancy. Additionally, the fire code has a requirement for the hood and duct system whereby the owner is responsible for having an inspection conducted in accordance with the manufacturer’s design. The Petitioner has indicated that he will get this inspected on a monthly basis. Ms. Warneke stated that a representative from the Health Department was present at this meeting if anyone had questions on the State’s standards, as well as the inspection of the exhaust system. Ms. Warneke said that given this information, Staff continues to support the restaurant and is recommending approval with no additional conditions because the aforementioned conditions apply to all restaurants in Schaumburg. Chairman Williams opened the floor to the public for discussion. Z1506-02 / ROYAL INDIA RESTAURANT / 602 W. Wise Road – Spring Cove Shopping Center / Special Use for a Type “A” Restaurant (Continuation from 7/15/15 ZBA Meeting) Village of Schaumburg Zoning Board of Appeals July 29, 2015 Page 2 of 4 Mr. Barney Hanrahan came forward and asked Ms. Warneke if she said that the Health Department approved this restaurant. Ms. Warneke stated that she and a representative of the Health Department met with the Petitioner at the restaurant, and the Health Inspector inspected the equipment. She indicated that additional information is needed, such as the balancing report amongst others, before the restaurant will be permitted to open. Mr. Hanrahan asked if Staff has determined this as a mechanical issue or a Health Department issue. Ms. Warneke said it is all inspected by the Health Department and that the Engineering Department is not involved in that process. She reiterated that a representative from the Health Department was present at this ZBA meeting who can answer specific questions about the equipment. Mr. Hanrahan asked if the Health Inspector can discuss what is being done at this proposed restaurant. Mr. Gage Rosti, Village of Schaumburg Health Inspector, came forward and stated that the Health Staff did an inspection at the proposed restaurant. He said that the exhaust hood is a standard “Type 1” exhaust hood. It does have flame guard filters, which have an efficiency rate of approximately 85%. The exhaust hood does have a make-up air system attached to it, and it is a stainless steel hood. Provided it works, it would currently meet the Village’s definition of an exhaust for a commercial facility. Mr. Hanrahan asked if the system Mr. Rosti referred to is an existing system that has been in that building. Mr. Rosti said, yes. Mr. Hanrahan said, “It doesn’t work” and added that he personally inspected it with the Petitioner. The Petitioner showed him “a bunch of baffling grates” that remained from the previous business. Mr. Hanrahan said they were ineffective. He added that if it is the system Mr. Rosti referred to, it is still ineffective and not satisfactory. Mr. Hanrahan informed Mr. Rosti that the previous Indian restaurant at this location emitted “horrendous” fumes. Mr. Hanrahan said several complaints were made to the Village but no one “did anything to assist us in resolving the issue.” He added that when that particular restaurant closed, “that issue disappeared.” Mr. Hanrahan said that, “We are about to encounter, possibly, the same type of issue and have some concerns.” Mr. Rosti said with every restaurant comes the problem with the vapor and the odor. Mr. Hanrahan said that the aromas that come out of an Indian restaurant, “are offensive.” He stressed that he is in favor of free enterprise and respects and supports the Petitioner for wanting to start a business; however, Mr. Hanrahan has to live there. He added that there was 1 resident who lived within 2 square blocks of the former India House Restaurant and was unable to sell their home. When prospective buyers arrived at the home, they were offended by the odor. Two weeks after India House closed, that same resident sold their home 2 weeks later. Mr. Rosti stated that all restaurants have fumes. Another restaurant (the former Dosti) installed activated carbon charcoal filters into the exhaust hood. The problem with an activated carbon charcoal filter is that it gets clogged very quickly with the amount of grease that is produced. As a result, the Dosti owner had to replace the filters on a daily basis. The problem that the Health Staff experienced after the 1st year of the Dosti Restaurant being in business was that the clogged carbon filters resulted in high carbon monoxide levels which set off the alarms. The other problem encountered was that the system itself was not working properly. Unfortunately, that restaurant was forced to close down. Mr. Hanrahan said that doesn’t appear to resolve the issue with Royal India and that there seems to be no solution. Mr. Rosti stated that there is no solution for any restaurant with a standard “Type 1” exhaust system because it will emit odors. Mr. Hanrahan said that he understands that there are ways of scrubbing and baffling the system and it has been proven to be done. Mr. Rosti said that the State of Illinois does not require it and he, as a Health Inspector, cannot enforce it. Z1506-02 / ROYAL INDIA RESTAURANT / 602 W. Wise Road – Spring Cove Shopping Center / Special Use for a Type “A” Restaurant (Continuation from 7/15/15 ZBA Meeting) Village of Schaumburg Zoning Board of Appeals July 29, 2015 Page 3 of 4 Mr. Dean DelGhinghro came forward and said to Mr. Rosti, “You may say that the system is working at 85% efficiency, but it is not. Believe me, it is not. That I know for sure from the previous restaurant that was there. I live right behind it.” Mr. DelGhinghro stated that he has 3 restaurants in his hotel and they “don’t have anything like that.” He added that the Village of Rosemont checks with him every week to ensure that he does his due diligence and his maintenance. Ms. Warneke reiterated that an on-site inspection was performed by Staff and that Staff cannot determine how the exhaust system functions until they start cooking in there to see what the rate is.