Village of Wilmette President and Board of Trustees met November 14.
Here is the minutes provided by the Board:
The Village Clerk called the meeting to order at 7:30 p.m.
1.0 Roll Call
Trustees Daniel E. Sullivan, Jr.
Senta Plunkett
Kathy Dodd
Joel Kurzman
Stephen M. Leonard
Absent Julie Wolf
President Bob Bielinski
Staff Present: Timothy J. Frenzer, Village Manager
Michael Braiman, Assistant Village Manager
Jeffrey M. Stein, Corporation Counsel
Barbara Hirsch, Deputy Village Clerk
John Adler, Director of Community Development
Melinda Molloy, Finance Director
Brigitte Berger, Director of Engineering & Public Works
Village Clerk Timothy Frenzer noted that President Bielinski was absent this evening and asked for nominations for a President pro tem.
Trustee Plunkett nominated Trustee Sullivan, seconded by Trustee Dodd. There were no objections and President pro tem Sullivan proceeded to preside over the meeting.
2.0 Public Comment
3.0 Consent Agenda
Trustee Kurzman removed item 3.5 and Trustee Leonard removed item 3.8 from the Consent Agenda.
Trustee Dodd moved approval of the remaining items of the Consent Agenda as follows:
3.1 Approval of minutes of the Regular Board meeting held October 24, 2017.
Land Use Committee Consent Agenda:
3.2 Adoption of Ordinance #2017-O-69 approving a revised request for a 430.7 square foot (16.89%) front yard impervious surface coverage variation and a variation to permit parking spaces in a required front yard to allow the expansion of the existing legal non-conforming driveway at 1300 Sheridan Road in accordance with the plans as revised.
3.3 Zoning Board of Appeals Report, Case #2017-Z-43, 711 Laramie Avenue regarding a request for an expansion of a special use (Public Works Facility), a 5.46’ accessory structure height variation and a 12.16’ accessory structure height variation to permit the construction of a roofed salt storage accessory structure and a roofed spoil bins accessory structure in accordance with the plans submitted. The use will run with the use; adoption of Ordinance #2017-O-70.
3.4 Zoning Board of Appeals Report, Case #2017-Z-46, 2945 Central Avenue regarding a request for a 0.96’ side yard setback variation, a 2.09’ combined side yard setback variation, and a variation to the requirement that an attached front-loaded garage must be located a minimum of five feet behind the main front façade of the house to permit the construction of a substantial addition and remodel that is classified as a new home in accordance with the plans submitted; adoption of Ordinance #2017-O-71.
3.6 Zoning Board of Appeals Report, Case #2017-Z-48, 1635 Lake Avenue regarding a request for a 996.08 square foot (7.42%) total floor area variation, a 9.12’ side yard adjoining a street setback variation, an 8.62’ side yard adjoining a street chimney setback variation, and a variation to exceed the first floor height limit to permit the construction of a substantial height limit to permit the construction of a substantial addition and remodel that is classified as a new home in accordance with the plans submitted; adoption of Ordinance #2017-O-73.
3.7 Zoning Board of Appeals Report, Case #2017-Z-49, 1415 Gregory Avenue regarding a request for a 6.77’ side yard air conditioner condenser setback variation to permit the installation of two air conditioners in accordance with the plans submitted; adoption of Ordinance #2017-O-74.
Finance Committee Consent Agenda:
3.9 Approval of October 2017 Disbursement Report.
3.10 Introduction of Ordinance #2017-O-68 adopting the 2018 Fiscal Year Budget.
3.11 Adoption of Resolution #2017-R-25 authorizing the transfer of $1,000,000 from the Water Fund to the General Fund.
3.12 Adoption of Resolution #2017-R-26 authorizing the transfer of $110,000 from the General Fund to the Debt Service Fund.
Administration Committee Consent Agenda:
3.13 Approval of one year renewal contract in an amount not to exceed $81,978 with Municipal GIS Partners, Incorporated, Des Plaines, IL for GIS Consortium services.
Municipal Services Committee Consent Agenda:
3.14 Approval of three year contract at the unit prices set forth in the proposal dated October 18, 2017 and an estimated annual cost of $79,754 with Lucas Landscape and Design Co., Deerfield, IL for parkway tree pruning.
3.15 Approval of contract extension at a monthly rate of $7,181.16 (or $86,173.92 annually) with Complete Cleaning Co., Wood Dale, IL for janitorial services at Village facilities.
3.16 Introduction of Ordinance #2017-O-67 amending Chapter 6 of the Village Code regarding municipal contracts and purchases.
3.17 Adoption of Resolution #2017-R-23 in support of the Illinois Transportation Enhancement Program (ITEP) for Lake Avenue bridge pedestrian and bike improvements.
3.18 Adoption of Resolution #2017-R-24 in support of the Illinois Transportation Enhancement Program (ITEP) for downtown streetscape improvements.
Public Safety Committee Consent Agenda:
3.19 Presentation of minutes of the Public Safety Committee meeting held August 22, 2017.
Trustee Plunkett seconded the motion. Voting yes: Trustees Plunkett, Dodd, Kurzman, Leonard and President pro tem Sullivan. Voting no: none. The motion carried.
4.0 Reports Of Officers:
Village Manager Timothy Frenzer asked Finance Director Melinda Molloy to report on the results of the sale of the Series 2017 Bonds.
Melinda Molloy, Finance Director, said the purpose of the sale today was to refund our 2009 Bonds. She said the Bonds were very well received in the market and there were over seven bidders and 28 bids amongst them. She noted that the Village is benefited from its strong financial rating.
There was no report from Corporation Council.
5.0 Report Of Liquor Control Commissioner:
No Report
6.0 Standing Committee Reports:
6.1 Land Use Standing Committee Report
3.5 Zoning Board of Appeals Report, Case #2017-Z-47, 242 Thelin Court regarding a request for a 162.68 square foot (14.39%) front yard impervious surface coverage variation and a variation to permit a parking space in the required front yard on the legal non-conforming structure in accordance with the plans submitted; adoption of Ordinance #2017-O-72.
Trustee Leonard moved approval of Zoning Board of Appeals Report, Case #2017-Z-47, 242 Thelin Court regarding a request for a 162.68 square foot (14.39%) front yard impervious surface coverage variation and a variation to permit a parking space in the required front yard on the legal non-conforming structure in accordance with the plans submitted; adoption of Ordinance #2017-O-72, seconded by Trustee Dodd.
Trustee Sullivan noted that the case received a positive recommendation from the Zoning Board of Appeals.
Trustee Kurzman asked if the applicant was present to answer questions.
Peleg Holzmann, applicant, reviewed his request noting that there was concern raised that the request may cause flooding to the neighborhood. He did some research regarding his street and noted that there are only three drains on his street and there is a lot of water that comes down his street from Old Glenview Road. He does not believe the small patch of asphalt on his property is raising a major flooding concern.
Trustee Kurzman asked how long Mr. Holzmann has lived in his home.
Mr. Holzmann said he has lived there over 10 years.
Sergio Nallira, 244 Thelin Court, said he has a joint driveway with Mr. Holzmann and has lived at his home since 1960. He said there is no room to park on the street due to the funeral home and Chabad near- by and there is no parking in the cul-de-sac of the street. He does not understand why there is a problem with the request.
Trustee Kurzman said he lives in the area and is very familiar with the stormwater problems that affect the neighborhood. He said it is challenging to address the big and small issues regarding stormwater flooding. He is shocked to see large amounts of concrete on the properties in the area. He asked if the applicant had done the parking space properly and also has concerns regarding the permitting for 244 Thelin Court.
John Adler, Director of Community Development, reviewed the permit history for the property at 244 Thelin Court. He said the parking area at 242 Thelin Court was done without a permit and Code Enforcement contacted the applicant to let him know that relief would be necessary to keep the parking space and that is why he is here this evening.
Trustee Kurzman said he knows that there are other neighbors on the street that have contacted him and would like parking relief on the street also. He believes it is more difficult for residents as the Village does not allow overnight parking on the street and wondered why overnight parking is not allowed.
Mr. Holzmann said he believes overnight parking is not allowed due to safety concerns as the street is not wide enough for public safety vehicles.
Mr. Frenzer said the cul-de-sac seems to be smaller than allowable for public safety vehicles and that may be the issue for no parking.
Trustee Dodd said she is more concerned with the parking in the front of the property and the parking regulations on the street. She asked if the parking issues should be addressed in the area.
Mr. Frenzer said residents can present petitions to the Village’s Transportation Commission and to through the Village’s process if they have an issue with parking on the street.
Trustee Dodd asked why the applicant does not park two cars in his garage and why he needs the extra parking spot.
Mr. Holzmann said he is not able to fit two cars in the garage and the parking space is not a complete parking space, it only allows his car to be off-set by two feet to allow his other car to get by while backing out of the drive-way.
Trustee Sullivan asked why Mr. Holzmann needed the parking space area.
Mr. Holzmann said since cars are not allowed to park in the cul-de- sac, he would have to try to back around any cars in his driveway. He just wanted a small area to park the car slightly to the side of the driveway so would be able to back out. He did the parking space himself with some help from his neighbor and did not realize he needed a permit for the small area.
Trustee Sullivan said he agreed with the comment in the Zoning Board of Appeals report that the car does not look appealing parked in the front yard but since the work is done, the Board has to decide how they want to deal with the variation after the fact. If Mr. Holzmann had gone through the process, the Board may have suggested some other type of material than asphalt.
Trustee Kurzman said there are permeable pavers that could have been used for the parking space. He also noted that with the flooding in the area, Mr. Holzmann could have his car flooded out by parking in the street.
Trustee Dodd asked why the applicant did not add an area to park in the back yard.
Mr. Holzmann said he has an attached two car garage so there is no room to add a parking area.
Trustee Kurzman said he believes the overnight parking ban is causing a problem in the neighborhood.
Mr. Frenzer said the neighbors can look into bringing a petition to the Transportation Commission to review the parking ban.
Trustee Kurzman asked if a petition is the only way to address the overnight parking ban in the neighborhood.
Mr. Frenzer said if the residents in the neighborhood are interested, the Engineering Department could look into the problem.
Trustee Kurzman said he used to live one street away from the applicant for 10 years, and understands the challenges and the unique aspect of Thelin Court that probably need to be addressed.
Trustee Leonard said he is generally fine with the applicant’s request but with the work being done without a permit, he assumes that there will be a penalty applied.
Mr. Adler said there is a penalty applied to the permit if the request is approved.
Trustee Plunkett asked if a condition could be put on the variation specific to the current owner.
Corporation Counsel Jeffrey Stein said variations by law, run with the land so a condition is not able to be put specific to the current owner.
Trustee Dodd said she is mostly concerned with the car parking in the front of the property. She will support the request but would like to see the parking situation addressed on the street as other homes on the street may have the same hardship.
Trustee Sullivan asked what the penalty would be for the applicant.
Mr. Stein said if the Village Board grants the variation, there will be a surcharge of 50% of the permit cost when the permit is issued.
Trustee Sullivan said he wished the applicant had come before the Zoning Board before the work was done and followed the process and there may have been some accommodation. He does have a concern with the existing parking space being so close to the street. The parking space is done, he will support the request and the penalty.
Voting yes: Trustees Plunkett, Dodd, Leonard, and President pro tem Sullivan. Voting no: Trustee Kurzman. The motion carried.
3.8 Zoning Board of Appeals Report, Case #2017-Z-50, 500 Gregory Avenue regarding a request for a 225.5 square foot (21.68%) rear yard pavement impervious surface coverage variation and a 193.5 square foot (18.61%) rear yard total impervious surface coverage variation to permit the construction of a patio in accordance with the plans submitted; adoption of Ordinance #2017-O-75.
Trustee Leonard moved to grant a request regarding 500 Gregory Avenue regarding a request for a 225.5 square foot (21.68%) rear yard pavement impervious surface coverage variation and a 193.5 square foot (18.61%) rear yard total impervious surface coverage variation to permit the construction of a patio in accordance with the plans submitted; adoption of Ordinance #2017-O-75, seconded by Trustee Plunkett.
Trustee Leonard asked Mr. Adler to explain the potential, unintended consequences of the relocation of the patio as proposed by the applicant.
Mr. Alder said the patio as proposed is mostly in the required rear yard but there is one half foot of the patio that goes into the buildable area of the property which means a future property owner could put a patio from the rear of the house to connect to the patio where this relief is granted and no variation would be necessary. He does not believe this applicant is looking to do that but if the home was sold, no variation would be necessary other than the grading and drainage permit. He said the applicant indicated he was removing the existing patio in the side yard and that has been done.
Trustee Leonard said he understands that the request is to relocate from the permitted location to a location that requires a variance, so there is no increased impervious surface on the property.
Jay Montblanc, applicant, said there is actually a decrease in the amount of impervious surface.
Trustee Leonard said he supports the request but he would like to see a condition that says there will be no further impervious surface added in the back yard.
Mr. Montblanc said that is agreeable to him. He noted that the proposed patio makes more logical sense than where the previous patio was.
Corporation Counsel Jeffrey Stein said the condition would be “that no further impervious surface will be allowed upon the property without further modification of the ordinance”.
Trustee Leonard said with that condition he will support the application.
Trustee Plunkett said if a future owner wanted to remove the patio would the condition then be removed.
Corporation Counsel Jeffrey Stein said yes, he would build into the ordinance that if the patio was removed then the condition no longer applies.
Trustee Plunkett said she is comfortable with that and would approve the application with the condition.
Trustees Dodd and Kurzman said they agreed with Trustee Plunkett.
Trustee Leonard moved to modify the motion to approve with the condition as proposed to require the stipulation that the remainder of the site will not be paved as long as what is approved tonight is still in place, seconded by Trustee Plunkett.
Voting yes on the amended motion: Trustees Plunkett, Dodd, Kurzman, Leonard and President pro tem Sullivan. Voting no: none. The motion carried.
6.2 Finance Standing Committee Report
All items listed on the Consent Agenda
6.3 Administration Standing Committee Report
All items listed on the Consent Agenda
6.4 Municipal Services Standing Committee Report
All items listed on the Consent Agenda
6.5 Public Safety Standing Committee Report
All items listed on the Consent Agenda
6.6 Judiciary Standing Committee Report
No Report
6.7 Reports From Special Committees
No Reports
7.0 New Business
8.0 Matters Referred To Standing Committees
8.1 Review adding group homes for private school students as a permitted or special use in the residential zoning districts.
8.2 Review Westlake Plaza Local Sign Ordinance regulations
9.0 Adjournment
Trustee Plunkett moved to adjourn the meeting at 8:46 p.m., seconded by Trustee Dodd. All voted aye, the motion carried.
https://www.wilmette.com/download/agendas_and_minutes/village_board/minutes/2017/11-14-17.pdf
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