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Village of La Grange Plan Commission met April 11

Here are the minutes provided by the commission: 

A regular meeting of the Plan Commission for the Village of La Grange was held at 7:30 p.m. on Tuesday, April 11, 2023, on the second floor Auditorium Room of the Village Hall, 53 S. La Grange Road, La Grange, Illinois.

I. CALL TO ORDER AND ROLL CALL OF THE PLAN COMMISSION

Chairman Paice called the meeting to order at 7:30 p.m.

Verify Quorum

Upon roll call the following were:

Present: Egan, Hoffenberg, Mosher, O’Connor, Wentink, Paice

Absent: Schwartz

Community Development Director/Deputy Village Manager Charity Jones, Village Planner Kelsey Fawell, and Village Trustee O’Brien were also present.

II. APPROVAL OF MINUTES – MARCH 14, 2023

Commissioner Wentink made a motion, seconded by Commissioner Hoffenberg to approve the minutes from March 14, 2023, regular meeting with no changes. A voice vote was taken:

Ayes: All

Nays: None

Motion passed

III. PUBLIC HEARINGS

A. PC CASE #268 – AN AMENDMENT TO THE ZONING MAP AT 16 SAWYER AVENUE

Chairman Paice asked anyone planning on speaking this evening to please stand and raise his/her right hand. He then administered the oath.

Staff Presentation

Kelsey Fawell, Village Planner, said the applicant is requesting an amendment to the zoning map at 16 Sawyer Avenue. She showed an aerial image on the overhead of the subject property. The applicant is seeking to reclassify the property from its current R-6 two-family residential classification to R-7 multiple-family residential. The property is currently being used as a three-unit rental property which is not a permitted use and violates the Village zoning code. There is no proposed amendment or site development associated with the request today.

The building was constructed in 2003 after receiving permits to construct a two-unit dwelling. In 2021, Village staff became aware that the two-flat had been illegally renovated to include a third unit in the basement for which no building permit was obtained. Village staff then notified the property owner, who is the applicant here today, of the existing code violation. The applicant states in their submitted materials that they purchased the property in 2013 and the third unit had already been constructed. The applicant executed an agreement with the Village to terminate the tenancy of the third unit by June of 2023 and fully deconvert the illegal third unit by May 2025. This agreement did not preclude the applicant from coming before this Commission and applying for the map amendment.

Ms. Fawell stated the purpose of the map amendment is to reclassify the property from R6 to R-7. The key difference is that within the R-6 district multiple family dwellings are not permitted and within the R-7 district they are. The request is to allow this use to continue with the rezoning and it would be a permitted use. In the Comprehensive Plan, the property is designated as Community-wide Single Family. However, along Hayes, which is the block immediately west of the subject property is designated Two-Family Residential. The Comprehensive Plan did discuss the housing stock in that neighborhood, particularly, looking at the break-up between two-family and singlefamily residential. The Comprehensive Plan recommended this neighborhood should remain predominately single-family.

The neighborhood is predominately zoned R-6. In 2009, the Village did explore the potential rezoning of the property with potential updates to the zoning classification in regard to the housing stock of the neighborhood. The process did entail community meetings and staff did receive feedback from the nearby residents. The residents did express concerns and wanted it to remain a mix of single-family and some two-unit dwellings. Along Cossitt Avenue there is a small portion of medium-density residential. She showed on the overhead where this was located on the Future Land Use Map. 

Ms. Fawell said the site is currently served by four parking spaces. It has a two-car garage and two tandem spaces. The zoning code does not allow tandem spaces. If this property is to be rezoned they would need to have two more parking spaces. The applicant did acknowledge that in their submitted materials. They would meet the parking requirements by altering the parking service area in the rear of the property. This concludes staff’s presentation.

Chairman Paice asked if staff could explain what the agreement was between the applicant and the Village. Ms. Fawell stated the agreement was executed in June 2022 and it stated that theapplicant recognizes the current use violated the zoning code. The agreement stated that by June 20, 2023, they would terminate the tenancy of the space and by May 31, 2025, the space would be fully deconverted from its status as a third-unit. It would be converted into a building space that is not a dwelling unit. 

Chairman Paice asked if the applicant had to pay a fee.

Charity Jones, Community Development Director, said the applicant did pay a fine. The applicant did write to the Village Board and given the factors, the current owners did not create the illegal third-unit. The Village was willing to provide them some additional time to deconvert the space and move the tenants out. The Village’s goal is not to penalize but rather to achieve compliance with the zoning code.

Commissioner Egan stated in the staff report on page seven references that the total landarea is undersized for the requirement of the lot. She asked if any lots in the general areathat would meet the 12,000-square-foot requirement. 

Mrs. Jones stated many of the lots in the area are comparably sized to this lot. In the area, several of the zoning lots are more than one lot of record because several of the lots of records were platted at 25 feet wide.

Commissioner Egan asked if the building that looks similar to this one that is located on Hayes has three-units.

Mrs. Jones said they don’t have any knowledge of any code violations for that building having a third unit. The third unit that was illegally constructed in this building was originally not a unit. Visually from the street, it looks the same but it is functioning differently.

Chairman Paice asked if the Commission had any further questions for staff. None responded. He then asked the applicant to come up and make a presentation. 

Applicant Presentation

Scott Thesen, the applicant, stated he is the owner of 16 Sawyer Avenue. In August of 2013, they did live in the building. When they bought the building the third unit had already been constructed. They had contacted the Village and they were told at that point in time they did not need any additional permits or licenses for the third unit. They have always been billed for water as if it was a three-unit since they moved in. They have always tried to be in compliance and continue to do whatever they need to do to comply. Catherine Thesen, the applicant, said she had gone over the 2009 Comprehensive Plan. It only stated one specific person that had an issue with more than two-families in this area and had concerns about it. From the stuff, she could see she did not see a lot of pushback for the two-family in this area. There was an existing land use at that time. They weren’t acknowledging anything was zoned differently than it is now, but at the time of the report, people were possibly using it differently. Eight people in the neighborhood were using it as three-units or more. It could be saying that there might be a need for more housing in this area.

Chairman Paice asked if there was anyone in the audience that wanted to speak in regard to this public hearing.

Public Comment

Daryl Hardy, 11 Sawyer Avenue, stated he lives across the street from the subject property. He has no issue with this being a three-unit and he is in support. Several people want to live in this nice area. The applicants have improved the property and have invested in this property.

Chairman Paice asked if when they purchased the property was there a tenant.

Mr. Thesen said they had bought it as a foreclosure but all units were established.

Mrs. Thesen stated all the renovations they made were cosmetic and all the hookups were already there.

Chairman Paice asked if there was any idea when the garden unit was established.

Mr. Thesen said there were basement plans that were approved by the Village for the third unit by the previous builder. The only difference between the plans and what they bought was the bedroom walls.

Mrs. Thesen stated the back wall of the apartment with the fire door and front fire door were all permitted by the Village.

Mr. Thesen said the only conclusion for the use of this would be a third unit.

Mrs. Thesen stated talking with the neighbors it sounded like several family members were living in the house.

Chairman Paice asked if since they owned it have all three-units been filled.

Mr. Thesen said yes they have.

Commissioner Hoffenberg asked if they knew what role Curt Trusner had at the Village.

Mrs. Jones stated Mr. Trusner is the Environmental Health and Code Enforcement Officer.

Commissioner Hoffenberg asked if they specifically asked Mr. Trusner if this building in particular was allowed to have three-units.

Mrs. Thesen said she told him their address and referenced the neighborhood. She had asked who they can talk to about this building that they were interested in buying. She had mentioned that there was a third unit. There was a question with the tax record as to whether it was a two-unit or three-unit. She did ask if a three-unit would be allowed there and he had stated yes, but unfortunately did not get it in writing.

Mr. Thesen stated the tax record was incorrect and they did straighten it out.

Mrs. Jones said staff did search emails for the Village Planner because the Thesens did mention that they thought they spoke with the Village Planner at that time. Staff wanted to see if there was any record of communication between the two and there was nothing found.

Mrs. Thesen stated she never heard of the Planner at that time. All she knows was she did speak with Curt at that time and she knew she spoke with him in person.

Commissioner Hoffenberg asked if Mr. Trusner recalled anything.

Mrs. Jones said he did not. Even if he had recalled stating anything, it was not binding on the Village.

Chairman Paice asked if there were any further questions from the Commission for the applicant. None responded. He then called for a motion to close the public hearing.

Commissioner O’Connor made a motion, seconded by Commissioner Mosher to close the public hearing for PC Case #268. A voice vote was taken:

Ayes: All

Nays: None

Motion passed

Plan Commission Discussion

Commissioner Mosher stated her concern is if they allow this to be R-7 then how many others will come with this request. This will be the only one on this block. She appreciates the background but there are a lot of considerations that they need to discuss. 

Chairman Paice said they are close to doing another Comprehensive Plan rewrite and they will take a look at all the areas. If they determine that this should be R-7 then they can come back.

Commissioner O’Connor stated that they don’t set the rules however, the Comprehensive Plan rewrite is coming up.

Commissioner Hoffenberg said they came to the Village before buying the property, however, they did not get anything in writing. When he first saw this he agreed that there was no R-7 surrounding the property and the Comprehensive Plan does not show it as R-7. However, when reading all the comments, the applicant did everything right. Due to the unique circumstance, he feels this might be a single exception but anyone else would have to wait till the Comprehensive Plan rewrite. He feels they should extend the date until the Comprehensive Plan is done.

Commissioner Wentink stated he agreed with Commissioner Hoffenberg. He wonders if there is any other mechanism available to the Village to provide relief other than the zoning.

Mrs. Jones said the Village has provided additional time to come into compliance. Aside from forgoing rental revenue and having to lose a tenant between now and 2025, the applicant would have nothing further that they would have to do. By which time, the Comprehensive Plan should be finalized within an 18-month process. The tenant has to be out by June of this year. The process began in 2021 and in June 2022 they signed an agreement allowing them till the end of June 2023 to move the tenant out of the third unit. They are allowing them till May 2025 to deconvert the third unit.

Commissioner Hoffenberg asked what the process to deconvert is. 

Mrs. Jones stated it would be removing the improvements that constitute a separate dwelling unit. A separate dwelling unit has sleeping quarters, kitchen facilities, and bathroom facilities. The Village is not disputing they approved a permit that allowed the construction of a bath. Just having a bathroom and space does not constitute a dwelling unit. It is the combination of a full bathroom, kitchen, and living space that constitutes a dwelling unit. The kitchen was not there when the permit was approved.

Commissioner Egan said this is a topic for the Comprehensive Plan. Affordable housing is important and should be taken into consideration. She hopes they would be able to provide this affordable housing until the Comprehensive Plan is done in the next couple of years.

Commissioner Hoffenberg asked if the Commission has the authority to extend the date that they would have to have the tenant move out.

Mrs. Jones stated this Commission does not have the authority however a recommendation can be made.

Commissioner Wentink asked how they would handle the parking.

Commissioner O’Connor stated he does not feel they can ask for the parking expansion unless they have the zoning.

Commissioner Wentink said he is looking into the future and if there is a rezoning. He asked would they still comply if that changed.

Chairman Paice asked the Commission if they agreed to deny the rezoning but encourage staff to make reasonable accommodations as far as the time frame, especially for the exiting of the tenant.

Commissioner Hoffenberg stated he feels the time frame needs to be extended.

Mrs. Jones said the Comprehensive Plan should be adopted by September 2024.

Chairman Paice stated he feels the timing is there. He then asked if there was any further discussion from the Commission. None responded. He then called for a motion for a recommendation.

Plan Commission Recommendation

Commissioner Hoffenberg made a motion, seconded by Commissioner Egan to deny the amendment to the Zoning Map subject to a recommendation to the President and Board of Trustees and staff to extend the agreement for one year, from June 2023 to June 2024, to allow the tenant to remain occupancy and avoid enforcement of any fines or enforcement during that time to allow the applicant time during the Comprehensive Plan rewrite. A roll call vote was taken:

Ayes: Hoffenberg, Egan, Mosher, O’Connor, Wentink, Paice

Nays: None

Motion passed

IV. GENERAL DISCUSSION

A. COMPREHENSIVE PLAN UPDATE STATUS

Mrs. Jones said they did receive a grant from the RTA to help offset the cost of updating the 2005 Comprehensive Plan. The Village has contracted with Teska and Associates which is a firm that is well-versed in Comprehensive Planning. Staff had a kickoff with them and provided them with a lot of data and background information. They are at the point where they would like to do their formal kickoff with the Plan Commission. Over the next 18 months, they will have to have five additional meetings during different key stages. There will also be two meetings with all the Commissions in the Village. She then gave some dates and the Commission agreed with May 1, 2023, at 6:30 p.m. for the kickoff meeting.

V. PUBLIC COMMENTS

None

VI. ADJOURNMENT

Chairman Paice called for a motion to adjourn the meeting.

Commissioner Hoffenberg made a motion, seconded by Commissioner Mosher to adjourn the meeting at 8:23 p.m. A voice vote was taken:

Ayes: All

Nays: None

Motion passed

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