Forest Park ZBA considering changes to zoning rules

Citizens United in Forest Park sent out the following email:

Greetings,

The next two Zoning Board of Appeals meetings will be
public hearings to consider text and map amendments to
the zoning ordinance. Some of you may be interested in
attending and participating in these hearings. Over
the last year, there has been much talk about revising
the Zoning Ordinance. This is the first significant
public hearing in that direction. For those who feel
strongly about how our village manages change, growth
and development, I urge you to become a part of the
process.

The complete agenda packet with related documents is
on the village website, forestpark.net. At the bottom
of the home page, click Village, from there, click
Commissions & Boards (on the left), then click Zoning
Board of Appeals (on the left), then ZBA current
agenda and supporting materials (in the center). This
document gives detailed explanation and justification
for these proposed changes.

Tomorrow, Monday, August 20th, will cover these
changes:
1. Expand the Zoning Administrator Hearing Process
for allowable modifications to non-conforming
structures to apply to all residential buildings
instead of just single-family buildings.

2. Modify non-conforming language as it applies to
the replacement of residential garages.

3. Evaluate possible additional public hearing notice
requirements that would require applicants to post a
sign on the lot.

At the September 17th ZBA meeting, the public hearing
will continue for the following two items:

4. Evaluate maximum lot coverage and minimum green
space requirements and to clarify what is and is not
included in lot coverage calculations.

5. Add "adult use" provisions in the Ordinance,
including a map amendment in the I-2 Industrial Zone
where these uses can be regulated.

The public hearing process allows for citizen input.
It's in our best interest to make the most of it.

Sincerely,
Steve Backman

ZONING, Forest Park ZBA allows coach house at 417 Circle [FP]

Last night the Zoning Board of Appeals overruled village staff's decision to order demolition of the coach house at behind the burned out two-flat at 417 Circle owned by Amy Perry of Oak Park. The commissioners present voted 5-0 to overrule staff. Since two commissioners were absent four (of seven) votes was required to pass Richard Scaffidi's motion.

Mike Boyle represented the village administrator's position that since the coach house had been vacated for six months the owner of the property was required to make it conform with the zoning code. The zoning code has the lot as being for one single-family home.

Boyle based his argument on the claim that the coach house had not consumed water for a six month period. The tenant claimed that he was living both in the two-flat and in the coach house. He said that he turned off the water to do some repairs. Boyle said this indirectly proved that the coach house was unsanitary and uninhabitable.

Perry's lawyer argued that the village served the notice requiring demolition of the coach house before it even knew about the lack of water consumption.

Various residents testified against the demolition, including John Plepel, Steve Backman, Mary Kay Minaghan, Rich Vitton and me. While the village's position had some basis in law it was still legally pretty weak. There was no dispute that the gas and electric was connected during the six months in question. And Boyle couldn't guarantee the water meter was functioning.

Most people seemed to have a gut reaction against the village position. It just seemed wrong to order a home owner to demolish a perfectly good structure on some “after the fact” technicality—a technicality that was a “grey zone” issue anyway. After the meeting ZBA chair Mike Curry said that his vote was driven by a gut reaction that the village's position was just wrong, although about 15-20 minutes before the vote Curry said he would abstain. (This was before it was pointed out that the absense of the two ZBA members necessitated four votes to overrule village staff on the issue.)

One observer noted that Boyle struck a confrontational and mean tone with the property owner. He was dismayed that Boyle wasn't at least trying to convey sympathy with the hardship the village would be imposing. I thought it was reasonable to interpret Boyle's style to the fact that it seemed like every citizen was against him. Although the ZBA, especially Curry, was doing everything possible to help Boyle make the village's case.

After the meeting the consensus in the audience (among the people I talked to) was that someone at the village, probably Mayor Anthony Calderone, was pushing to have the coach house demolished and a ruling that the brick two-flat couldn't be rebuilt as a two-flat.

The village wanted this because this would allow a parking lot to be built. The bank owns the property to the north and wants to sell it. And creating parking would be good for the bank. The owner to the south has his property on the market. But the village doesn't have the money to acquire all three properties (perhaps because it acquired 1000 Beloit?).

The conspiracy explanation of the village's actions is that it is deliberately using its regulatory powers in a way that will reduce the value of the property. This is being done to allow the village to acquire the property for less than it would pay for a lot with a two-flat and a coach house.

For more discussion see Forest Park Forums.

GOV, zoning application for Westchester strip club [BV, W]

On Wednesday evening the Village of Broadview will hold hearings into a proposal to open a 24/7 adult entertainment venue (aka strip club) south of the Eisenhower and east of Gardener Road. h/t to Westchester Trustee Rick Fox and Westchester Progressive Party for helping to publicize this story.

Under the earlier entry on this story I drew attention to the fact that the owner, Chicago Joe's Tea Room LLC, is represented by James J. Roche & Associates. Roche is the boss of Emanuel "Chris" Welch, the president of the school board of Proviso Township High Schools.

Someone claiming to be James J. Roche denied that his firm represented strip clubs. Technically, I suppose he has a point. The corporation hasn't become an adult entertainment venue yet, it's just an Illinois corporation.

However, the application to the Village of Broadview seems to show James J. Roche as the attorney. The only contact information provided on the application for the owner is Roche's contact information. And Roche is listed as the agent on the Secretary of State's website for the corporation.

A Proviso Probe source informed me that Burt Odelson is the attorney for the Village of Broadview. Odelson is a partner at Odelson & Sterk. Odelson & Sterk and James J. Roche & Associates find ways to enrich each other. So this looks like a situation where the attorneys are smoothing things out behind the scenes. Everybody can make money.

It seems likely that Broadview Village President Henry Vicenik is nervous about losing control of the board in this election. The Broadview TEA Party is running an opposition slate. While granting permission for a strip club will probably lose Vicenik's candidates some votes it will probably score them some major campaign contributions.

Below are the forms filed with the Village of Broadview so you can evaluate Roche's denials.




BTW, Roche denied that he will be at Wednesday's hearings. But his firm has other lawyers: Welch, Leeann Marie Crow, and Kelly Kathleen Kachmarik. Technically, Roche's law firm could represent the corporation without Roche being present.