HomeMy WebLinkAbout2014-08-11 Agenda(The hour between 6:00 and 7:00 pin is set aside for Executive Session
per 1 -5 -7A of the Village of Morton Grove Municipal Code.
If the Agenda does not include an Executive Session, the meeting will begin at 7: 00 pm)
L Call to Order
NEMEC aT
3. Executive Session (if requested)
4. Reconvene Meeting
,;.• �
6. atoll Call
7. Approval of Minutes — Regular Meeting — July 14, 2014
a;
a. Audit Presentation by Sikieh
9. Public Bearings
10. Residents' Comments (agenda items only)
11. P resident's Report — Administration, Northwest Municipal Conference, Council ofMayors, Strategic
Plan, Comprehensive Plan
a. Proclamation — American Youth Soccer Organization National Games — Region 794 U16 Girls
(Lightning)
b. Report on Nicor Gas — JULIE 811 Calls
C. Mayoral Update /Review
12. Clerk's Report — Community Relations Commission
13. Staff Reports
a. Village Administrator
1) Miscellaneous Reports and Updates
Corporation Counsel
14. Reports by Trustees
a. Trustee Grear —Fire Department, Emergency Management Agency, RED Center, Fire and
Police Commission, Police Department, Police Facility Committee, Chamber of Commerce
(Trustee Witko)
Trustee Marcus — Advisory Commission on Aging, Family and Senior Services Department,
Finance Advisory Commission, Condominium Association, Social Service Committee (alternate)
(Trustee Toth)
c. Trustee Pietron — Appearance Commission, Building Department, IT Communications,
Community and Economic Development Department, Branding /Marketing (Trustee Thi11)
d. Trustee Thill — Public Works Department, Solid Waste Agency of Northern Cook County, Traffic
Safety Commission, Waukegan Road TIF, Lehigh /Ferris TIF, Dempster Street Corridor Plan
(Trustee Pietron)
e. Trustee Toth — Finance Department, Capital Projects, Environmental Health, Natural Resource
Commission (Trustee Marcus)
f. Trustee Witko — Legal, Plan Commission /Zoning Board ofAppeals, NIPSTA, Strategic Plan
Committee, Economic Development Commission, Social Service Committee (Trustee Grear)
1) Ordinance 14 -17 (Introduced July 14, 2014) (Second Reading)
Amending the Unified Development Code, Section 12 -5 -4 to Allow Certain Modifications
to Existing Non - Conforming Structures to be Approved Administratively
15. Other Business
16. Presentation of Warrants: $ 697,389.41 July 28, 2014
$ 338,061.52 August 11, 2014
$1,035.450.93
17. Residents' Comments
1.8. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
19. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220)
promptly to allow the Village to make reasonable accommodations.
I & Village
President Dan DiMaria
called
the meeting to order at 7:00 p.m. in the
II. Council
Chambers and led the
Board
in the Pledge of Allegiance.
III. Village Clerk
Ed Ramos
called
the roll. Present were: Trustees Bill Grear, She] Marcus,
John Pietron,
John Thill,
Maria
Toth, and Janine Witko.
IV. EXECUTIVE SESSION
I,1[507
V. APPROVAL OF MINUTM
Regarding the Minutes of the June 23, 2014 Regular Board Meeting, Trustee Toth moved,
seconded by Trustee Grear, to accept the Minutes as presented. Upon the voice vote, the
motion passed unanimously.
V1. SPECIAL .O.
1. Swearing -In Ceremony for New Police Sergeant and New Commander
a. Fire and Police Commission Chairman Mike Simkins noted that this evening, two members of
the Police Department are being promoted. Chairman. Simkins said these are both extremely
capable men and he was glad to see them advancing. Joining Mr. Simkins at the podium were
Police Chief Michael Simo, Mayor DiMaria, and Trustee liaison Grear.
b. First, being promoted to Sergeant is Dominik Przekota, present this evening with his wife, his
parents, his brothers, a sister -in -law, and his children. Chairman Simkins provided some
background on Sergeant Przekota.
c. He began his career with the MG Police Department in March, 2003. He grew up in Park
Ridge and earned a Bachelor's Degree in Criminal Justice from Iona College in New Rochelle,
New York. After graduation, he spent a year in the private sector before joining the MGPD.
d. Dominik was assigned to the Special Operations Unit in 2009. This entailed working street -
level gang and narcotics enforcement, crime prevention duties, and investigations into
property - related crimes.
VI.
SPECIAL REPORTS (continued)
Minutes of July 14, 2014$oard Meeting:
e. In 2010, Dominik was assigned to the Detective Bureau, where he worked a variety of
different assignments. In addition to his duties as a detective, Dominik has served as a
Juvenile Officer, Field Training Officer, and Evidence Technician.
f. During the course of his service, Dominik has earned the "Top Cop' Award and the Chiefs
Meritorious Service Award. He has also received numerous departmental accommodations
and departmental honorable mention awards.
g. Chairman Simkins swore in Sergeant Przekota. His wife pinned on his badge as the Board
and assemblage congratulated Dominik and wished him well in his new position.
h. Next, being appointed as Commander is Dan Stueber, who was joined by his wife and daugh-
ter. Chairman Simkins provided some background on Commander Stueber.
Dan was hired by the MG Police Department in May of 1995, after serving with the
U.S. Marine Corps Reserve. He graduated the Chicago Police Academy in August, 1995,
and was assigned to the patrol division. Dan worked as a patrol officer on all three shifts. In
January of 2004, he became a Special Operations and Crime Prevention Officer. He became
an Investigator in January of 2006 and was promoted to Sergeant in June of 2008.
j. Dan has received State certifications in a number of areas of law enforcement, including:
Evidence Technician, Field Training Officer, Firearms Instructor, and Juvenile Specialist.
He has served on NORTAF's Burglary Task Force in 2004 and as a Sex Crimes Investigator
in 2007, and in 2008, completed Northwestern University's Sergeant's School.
k. During his employment with MGPD, Dan has received numerous awards and commendations
from citizens and other police departments for excellent job performance, including receiving
the Cook County Sheriff's Award of Merit in 2002. In 2010, Dan became a founding member
of the MG Police Honor Guard, and he remains a part of it today.
I. Chairman
Simkins swore in Commander Stueber, whose wife pinned
on his badge. The
Board and
assemblage
congratulated him and wished him well in his
new role.
2.
a. Plan Commission
Chairman
Ron Farkas presented this case, noting
that the Applicant is the
Village of Morton
Grove.
b. This is part of an ongoing program by Village staff to update and streamline the Unified
Development Code. The text amendments would allow for administrative review of alterations
or expansions of non - conforming structures in cases where the modifications would not
increase the non - conforming aspect of the structure, and where the proposed expanded/
altered structure would otherwise meet all other relevant dimensional controls.
c. Mr. Farkas explained that, since the Village was incorporated in 1895, there have been many
changes to its building codes, which is one of the most common reasons why a structure
could be deemed non - conforming by today's standards in terms of things such as FAR and
setbacks.
2
VI.
SPECIAL REPORTS (continued)
Minutes of July 14,2014BOaM Meetint'..
d. If the owner of a non - conforming structure wants to make a modification to the structure, and
the modification conforms to present day codes and does not increase the non - conforming
aspect of the structure, the proposed text amendments would allow for administrative review
and approval of the owner's request, rather than a drawn -out process (due to necessary
notifications) of having a hearing.
Mr. Farkas said that, at the Plan Commission's hearing of this case, the Village Planner
related four cases by which the applicants would have benefitted from this text amendment. In
each case, the modification being sought had nothing to do with the reason why the structure
was considered non - conforming.
Mr. Farkas said that these text amendments would only apply in certain circumstances,
namely:
1. When the existing lot area and lot width comply with the requirements for the zoning
district where it is located;
2. When the alteration or addition does not increase the non - conforming aspect of the
structure;
3. When the alteration or addition complies, in and of itself, with all required dimensional
controls;
4. When the overall structure, with the addition or alteration, complies with all relevant
dimensional controls except for the existing legal non - conformity, and does not result
in a need for any waivers to the dimensional controls or any other relevant require-
ment of the UDC, including parking, landscaping, etc.;
5. When the existing and proposed use(s) of the structure are permitted use(s) within the
zoning district where the structure is located.
Mr. Farkas said that many other municipalities have a similar provision in their codes; some
are even more liberal. He added that no one present at the hearing spoke for or against this
proposal. The Plan Commission voted unanimously (with one absent) to recommend approv-
al of this case.
Mayor DiMaria asked the Board if they had any questions for Mr. Farkas.
h. Trustee Marcus asked if this change would only affect commercial structures or residential
also. Chairman Farkas said it applies to both. if a proposed additional or alteration to a com-
mercial structure would have an impact on parking, the administrative review provision would
not be used; a hearing would be needed.
VII.
There were no further questions of Chairman Farkas.
NONE
VIII. RESIDENTS' COMMENTS (Agenda items Only)
NONE
Minutes nfduly 14 2014 BoArd Meetinyl
IX. PRESIDENT'S REPORT
Mayoral Update
a. Mayor DiMaria commented that it was great to see so many people turn out for the Morton
Grove Days festivities and said it's the best community event we have. He thanked the Park
District for a spectacular fireworks display, noting that Morton Grove will still have fireworks
next year, but not sponsored by the Park District. The mayor also thanked the Police, Fire,
and Public Works personnel for everything they did during the three -day festival. Lastly, Mayor
DiMaria thanked the volunteers, especially Morton Grove Days Commission President
Georgianne Brunner and the Commission members, and everyone who volunteered to be a
part of the fest. The weather was perfect and Morton Grove's volunteers are the greatest in
the world!
b. Mayor DiMaria said that, last Thursday, he and his fellow Board members attended the Iftar
dinner at the MCC. It was a beautiful event, and many of the community's religious leaders
also attended.
c. Mayor DiMaria announced that, at 8:30 a.m. tomorrow, the second Industrial Area Business
meeting would be held. This is a follow -up to the meeting that was held last year. There will be
an update on the final draft of the Industrial Area Plan, discussion about the fagade improve-
ment program, a question- and - answer period, and an opportunity for networking.
d. Mayor DiMaria encouraged everyone to take the Village's social service survey by going to the
Village's website and clicking on the social services link.
e. Mayor DiMaria said that he and Trustees Grear and Witko had attended the Birch Street block
party. He said he's so proud of the their block for being so neighborly, adding that he enjoyed
looking at the pictures of this wonderful block party that's been held annually for the past
60 years. He congratulated the Birch Street neighborhood.
f. Mayor DiMaria noted that there's a lot to do in Morton Grove over the summer months.
Every Saturday, there's a Farmers' Market. Harrer Park pool and its surrounding grounds is
beautiful, and Oriole Pool is a brand -new, state -of- the -art aquatic center. There's horseback
riding in our picturesque forest preserves, as well as a bike path for biking or roller blading.
He encouraged everyone to shop locally, noting that, if each household in Morton Grove spent
an extra $100 a year locally, it would be an extra $800,000, which would be a nice boost to our
local economy.
X. CLERK'S REPORT
Clerk Ramos reported that St.
Martha's would
be holding a
Rummage
Sale on August 22 -24.
Donations and volunteers are
needed/
Minutes of July 14,2014 t3oaal Meetin i
Xl. STAFF REPORTS
A. Village Administrator:
Village Administrator Ryan Horne had no report.
B. Corporation Counsel:
Corporation Counsel Liston had no report.
xll. TRUSTEES' REPORTS
A. Trustee Grear:
Trustee Grear presented Resolution 14 -36, Authorization for the Purchase of One (1)
Police Utility Vehicle Through the Suburban Purchasing Cooperative, Contract #122.
He explained that this Resolution will authorize the purchase of a police utility vehicle to
replace high mileage vehicles currently being utilized in the Police Department. Every three
years, high mileage squad vehicles are replaced to insure that key equipment utilized by
police officers does not fail during their normal course of duty. Purchase price of this vehicle
is $26,851.
Trustee Grear moved, seconded by Trustee Toth, to approve Resolution 14 -36.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
2. Trustee Grear thanked everyone who volunteered for the Morton Grove Days festival, adding
that the event is a huge success because of the people who volunteer. He noted that planning
for the festival is a 12 -month process. The Morton Grove Days Commission will be starting to
work on next year's festival two weeks after this year's ended.
B. Trustee Marcus:
Trustee Marcus had no formal report, but said he had received a letter from a former resident,
John Hanson, President Emeritus of the MG Historical Society. John wrote to Trustee Marcus
because he had come across an old video of "Dateline Morton Grove," a cable television show
hosted by Trustee Marcus in the 90's. John moved to North Carolina and is an active volunteer
there. Trustee Marcus said it's interesting that people who move out of Morton Grove retain
such great memories of living here.
Xll.
B. Trustee Marcus: (continued)
(continued)
Minutes of July 14, 2014 Board Meefingl
2. Trustee Marcus said that he, Mayor DiMaria, Trustees Pietron and Witko, Chief Simo and
Chief Friel, went to the Farmers' Market this past Saturday, even though it was rainy, to meet
and greet Lt. Governor Sheila Simon. The Market is held every Saturday from 8:00 a.m. til
noon. He encouraged everyone to visit the Farmers' Market, visit the new businesses there,
and pick up some fresh produce.
Mayor DiMaria said Lt. Governor Simon complimented our market as being very aggressive in
the State in terms of use of the LINK card. He congratulated everyone involved in the Farmers'
Market, including former market director Kristina Otte.
C. Trustee Pietron:
Trustee Pietron presented Resolution 14 -41, Authorizing a Service Agreement With
Comcast Cable Communications for Wide Area Network and Dedicated Internet
Connection Services.
a. He explained that this agreement is necessary to increase and enhance the bandwidth for
network data between Village municipal facilities in order to maintain a high level of business
productivity and to enable processes and applications which are dependent on high speed data
connectivity.
b. The Village developed a Request For Information for site -to -site connectivity services and
received responses from four companies. After evaluating the proposals on the quality of their
solutions, the conformity to the RFI, and their cost structures, the Village met with qualifying
companies to discuss the technical details of their solution. After subsequent review and
discussions, the Information Technology Division is recommending the wide area network and
dedicated internet connection services from Comcast Cable Communications. Cost wil be
$3,995 per month for ethernet services and maintenance. Implementation and installation
costs are waived.
Trustee Pietron moved to approve Resolution 14 -41, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron awe
Tr. Thill aye Tr. Toth afe Tr. Witko afire
D. Trustee Thill:
Trustee Thill presented Resolution 14 -37, Authorizing the Annual Veterans Day Parade.
He explained that the Illinois Department of Transportation (IDOT) requires the Village to adopt
a resolution approving the closing of Dempster Street. It also requires the Village Engineer to
file an application through IDOT for the closing of Dempster Street from1:00 p.m. to 3:00 p.m.
on Sunday, November 9, 2014, for the annual Veterans Day Parade.
a
xll.
Q
TRUSTEES' REPORTS (continued)
Trustee Thill: (continued)
Minutes of July 145 2014 Board Meef hr a
Trustee Thill moved, seconded by Trustee Pietron, to adopt Resolution 14 -37.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aae Tr. Pietron aae
Tr. Thill acre Tr. Toth aae Tr. Witko aye
2. Next, Trustee Thill presented Resolution 14 -38, Authorizing the Execution of a Contract
With G&L Contractors, Inc. For the 2014 Concrete Replacement Program— Program B.
a. He explained that this year's Concrete Replacement Program was set up in two parts. Part A
was to address in a timely manner urgently- needed repairs of concrete features disturbed by
utility work and repairs. Part B addreses the deteriorated sections of sidewalk and requests
coming from the 50/50 Sidewalk Replacement Program.
b. This contract was bid through a public process. The estimated contract value is $74,000, but
since this is a unit price contract, the final contract amount will be based on the actual quantity
of work performed.
Trustee Thill moved to approve Resolution 14 -38, seconded by Trustee Toth.
C. Trustee Marcus noted that G &L Contractors was the low bidder. The Village had budgeted
$90,000 for this work but this estimate is for $72,000, although it could go higher. He asked
Director of Public Works Andy DeMonte if the amount could end up higher than $90,000.
Mr. DeMonte said it could; some years it runs over, some years, under.
Mayor DiMaria called for the vote.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus acre Tr. Pietron aye
Tr. Thlll aye Tr. Toth Eye Tr. Witko afire
3. Trustee Thill then presented Resolution 14-39, Authorizing the Execution of a Cost-
Sharing Agreement Between the Village of Morton Grove and Toll IL IV, L.P., For
Roadway •, •. of .•u
He explained that this Resolution will authorize the construction of a new intersection at
Narragansett Avenue and Capulina Avenue. The Village approved The Crossings development
by Toll Brothers in 2005 and construction began shortly thereafter. The approve plan
incorporated planned improvements within the Village's Lehigh- Ferris Framework Plan. The
planned improvements on Capulina Avenue have not been built by the Village, and it does not
intend to build those planned improvements. A reconfiguration of The Crossing's connection to
Capulina Avenue is desirable and necessary. Toll Brothers is willing to complete the design
and construction, so long as the Village pays its proportionate share. The Village's portion of
the costs for these improvements is estimated at $49,000.
Minutes of July 14, 2014, Board Meeting -.
XII.
TRUSTEES'
REPORTS (continued)
D. Trustee Thill:
(continued)
Trustee Thill
moved, seconded
by Trustee
Pietron, to approve Resolution 14 -39.
Motion passed: 6 ayes, 0
nays.
Tr. Grear
aye
Tr. Marcus
aye Tr. Pietron aye
Tr. Thill
aae
Tr. Toth
aae Tr. Witko aae
4. Lastly, Trustee Thill presented Resolution 14-40, Authorizing a Contractual Agreement
With Kane, McKenna and Associates, Inc. To Provide Financial Analysis and
Development Consulting Services for the Dempster/Waukegan and Lehigh /Ferris
TIF Districts and General TIF District Administrative Services.
He explained that this Resolution will authorize the Village to enter into an agreement for
specialized real estate financial consulting for the redevelopment projects within the Dempster/
Waukegan and Lehigh /Ferris TIF Districts, including the proposed mixed use residential and
retail development project at the southwest corner of Dempster and Waukegan, along with
general TIF District administration services, including, but not limited to, preparation of annual
TIF reports, guidance on compliance with TIF legislation, etc.
Trustee Thill moved to approve Resolution 14 -40, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron
Tr. Thill aae Tr. Toth afire Tr. Witko
Trustee Toth:
Trustee Toth had no report.
Trustee Witko:
MA
Trustee Witko presented for a first reading Ordinance 14 -17, Amending the Village of
Morton Grove Unified Development Code, Section 12 -15 -4, To Allow Certain Modifica-
tions to Existing Non- Conforming Structures to be Approved Administratively.
She explained that this Ordinance is pursuant to Plan Commission Case 14 -10, reported out
earlier this evening by Plan Commission Chairman Ron Farkas.
This Ordinance will help streamline the Village's development review approval process for cer-
tain modifications to non - conforming structures, while preserving the intent of the zoning code
to allow for the orderly development and redevelopment of the Village, and will reduce the
permit review time for such project, and improve allocation of staff resources.
XII.
TRUSTEES' REPORTS (continued)
Trustee Witko: (continued)
Minutes of July 14, Meelift
There was no further discussion on Ordinance 14 -17. Trustee Witko noted that, as this is a
first reading, no action will be taken this evening.
2. Trustee Witko noted that one of the Farmers' Market managers, Lori Fishman, was in
attendance this evening. She thanked Ms. Fishman and the other market managers for all
they do.
XIII. OTHER BUSINESS
NONE
XIV. WARRANTS
Trustee Toth presented this evening's Warrant Register in the amount of $378,612.75.
She moved to approve the Warrants as presented, seconded by Trustee Witko.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aave
Tr. Thill aye Tr. Toth aye Tr. Witko aye
XV. RESIDENTS' COMMENTS
Joseph Cosentino of All -Inn, Inc., 5707 Dempster, a new business in town, said that one of
the reasons he picked Morton Grove was that he had done some research on the town and
has known Trustee Marcus for over 20 years. He said the residents of Morton Grove are
warm and nice and have been very supportive. He said that All -Inn had held a Fourth of July
gathering and held a raffle, the proceeds of which he was donating to Morton Grove Days,
2. Lori Fishman thanked the Board for having her here tonight and for recognizing the Farmers'
Market. She said she has been a resident since 1990. She has two boys, one who attends
ParkView School and one at Niles West. Both are Scouts and both have merit badges in fire-
arms safety. She said she feels that access to guns is "out of control" and expressed concern
about the possibility of a gun shop opening in Niles, in a section of Niles that borders Morton
Grove. She said the owner of the proposed gun shop also has a gun shop in Lincolnwood, and
it has had a large and negative impact on illegal guns.
a. Ms. Fishman said, according to her research, between 2009 and 2013, that Lincolnwood gun
shop was responsible for over 400 guns recovered at crime scenes in the city. She said we
should not think that guns are not a problem here in Morton Grove, citing the fact that last
year, two ParkView students were expelled for bringing guns to school, and last week in
Morton Grove, there was a murder and an attempted suicide, both involving guns.
"Minutes of July 14, 2014 board Meethigi
XV. RESIDENTS' COMMENTS (continued)
b. Ms. Fishman said that she certainly hoped that Niles would not allow this gun shop proposal to
pass, because its proposed location definitely has an impact on Morton Grove. She added that,
if Niles denies the gun shop, she hoped that Morton Grove would not allow it. She said she's
attended many Niles Board meetings, along with others from Morton Grove, to voice their opin-
ions about the proposed gun shop.
c. Trustee Thill said it was nice to hear from one of our new local businesses. He hoped that the
Chamber would invite one or two businesses to attend the Board meetings regularly so they
could promote their businesses.
ADJOURNMENT
Trustee Toth moved to adjourn the meeting, seconded by Trustee Marcus.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron acre
Tr. Thill aye Tr. Toth ,avee Tr. Witko aye
The meeting adjourned at 7:47 p.m.
PASSED this 11th day of August, 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Wilke
APPROVED by me this 11th day of August, 2014.
Daniel
P. DiMaria,
Village
President
Board
of Trustees,
Morton
Grove, Illinois
APPROVED and FILED in my office this 24th day of June, 2014.
Edilberto Ramos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes by Teresa Cousar
10
Village of Morion Grove
WHEREAS, Morton Grove American Youth Soccer Organization Region 794 UIC Girls
"Team Lightning" competed in the AYSO National Games, which only occurs every two years; and
WHEREAS, Team Lightning competed at the National Games on July 6, 2014, . in California;
and
WHEREAS, playing at the National level awarded Team Lightning a second place win; and
WHEREAS, the Village of Morton Grove, would like to congratulate and recognize the
accomplishments of Team Lightning on their 2nd place nnish at the AYSO National tournament
while encouraging the youth of Morton Grove to play all types of sports.
NOW, THEREFORE, I, Daniel P. DiMaria, Mayor of the Village of Morton Grove, Illinois, do
hereby proclaim August 2014; as
fflorton Grove m- • uth Soccer 1 • s,,
Region 794 "Team Lightning" Month
and urge all citizens to support the American Youth Soccer Organization endeavors in Morton
Grove.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of
the Village of Morton Grove.
Daniel P. DiMaria, Village President
DO ���
Ai; AFL ,Resources Conti %ar },
9qd -,.I,
1 IT IT I
July 21, 2014
Dear Municipal Leader:
At Noor Gas, the safety of our people, our pipelines and the public we serve is our number one priority. As part of
our continued commitment to promoting pipeline safety, we'd like to work with your office to promote National
811 Day (August 11) to make your residents and professional excavators aware of the importance of contacting
JULIE by dialing 811 before digging. The goal of the "Call 811" initiative is to reduce the risk of striking
underground utility lines and potentially causing environmental or property damage, costly delays or personal
injury. This is a FREE service and calling 811 before digging is the law.
Safety Message Recommendations
Please consider including a "Call JULIE at 811 Before You Dig" safety message on your community website,
newsletter, social media page or on the sign or marquee in front of municipal buildings this August.
Recommendations for messages include:
Social Media
• Call JULIE Before You Dig. Dial 811. #Nationa1811Day
• Safe Digging is No Accident, Calf JULIE at 811- # Nationa1811Day
Sign /Marquee
® National 811 Day, Call JULIE at 811 Before You Dig.
® Safe Digging is No Accident. Call JULIE at 811.
Website /Newsletter
Planning a home improvement job? Planting a tree? Installing . a fence or deck? WAIT! Here's what you need to
know first. Whether you are planning to do it yourself or hire a professional, smart digging means calling JULIE at
811 before each job. Homeowners often make risky assumptions about whether or not they should get their utility
lines marked, but every digging job requires a call —even small projects like planting trees and shrubs
Call JULIE at 811 at least 48 hours or two business days prior to digging, tell the operator where you're planning to
dig, what hype of work you will be doing and your affected local utilities companies will be notified about Your
intent to dig. Within that 48 hours or two business days, they'll send a locator to mark the approximate location of
your underground lines, pipes and cables, so you'll know what's below - and be able to dig safely.
Thank you in advance for your support and help with getting this very important safety message out to the public!
Sincerely,
A4441
Thomas J. Kallay
Director, Regional Community Relations &
Economic Development
Legislative Surnmary
Introduction:
1 July 14, 2014
Synopsis:
1
This ordinance will approve a text amendment to allow administrative review and approval of
certain modifications to non - conforming structures when the expansion or alteration would not
increase the non - conforming aspect of the structure and when the proposed expansion or
alteration otherwise meets all other dimensional controls and development requirements,
established in the Unified Development Code (Title 12).
Purpose:
This ordinance will help streamline the Village's development review approval process for
certain modifications to non - conforming structures, while preserving the intent of the zoning
code to allow for the orderly development and redevelopment of the Village, and will reduce the
perni t review time for such projects and improve allocation of staff resources.
Background:
As the Village of Morton Grove was incorporated in 1895 and Village's zoning regulations
have changed over time, many buildings in Morton Grove exist as non - conforming structures.
Under the current Village regulations, any alteration or modification to a non - conforming
structure, even one that by itself meets all district dimensional controls AND which do not
expand or increase the non - conforming nature of the structure, requires a formal review and
approval by the Zoning Board of Appeals.
In the first five (5) months of this year, the Zoning Board of Appeals reviewed and approved
four (4) cases in which an addition or alteration was proposed to a non - conforming structure
where such expansions did not increase or expand the non - conforming nature of the structure
and where expansions complied with all other dimensional controls and relevant development
standards established in Title 12. Two of these projects were for commercial properties and
two were residential additions.
The proposed text amendment will allow administrative review and approval of certain
modifications to non - conforming structures when the expansion or alteration would not increase
the non - conforming aspect of the structure and when the proposed expansion or alteration would
otherwise meet all other dimensional controls and development requirements or standards
established in the Unified Development Code (Title 12). In order to qualify for administrative
review, submitted expansion or alteration projects shall comply with the following:
1. The existing Iot area and lot width must comply with the requirements established in
Unified Development Code for the specific zoning district in which the property is located;
2. The addition to or alternation of the structure shall not expand or increase the non-
conforming aspect of the structure;
3. The new addition to and/or alteration of the structure, in and of itself, shall comply with
all the required dimensional controls;
4. The overall structure, with the addition and/or alterations, shall comply with all aspects
of the dimensional controls, with the exception of the existing legal non - conformity, and shall
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
not result in the need for any waivers to the dimensional controls or other relevant development
requirement or standard within the Unified Development code, including but not limited to
parking, landscaping, signage; etc.
5. The existing and proposed use shall be permitted in the Zoning District in which the
property and structure are located.
Because the non - conforming nature of the structure cannot be expanded or increased and by
requiring that all other dimensional controls including but not limited to building setback
dimensions, FAR, lot coverage, lot size, building height, etc., as well as all other pertinent
aspects of the development regulations, such as parking, landscaping, signage, etc., are met this
text amendment provides for a more streamlined review process for such projects while
maintaining the intent and integrity of the Unified Development Code, and is consistent with
the codes and development review processes of neighboring communities.
PC #14 -10 was presented to the Plan Commission for public hearing on June 16, 2014. There
was no public comment and the Plan Commission unanimously recommended approval of the
text amendment to the Village Board. (6 -0 -1; Kahn absent).
Community and Economic Department
N/A
N/A
These amendments will be
implemented
by the
Community and Economic Development in the
normal course of business.
Approval as presented
August 11, 2014, required — Municipal Code Book change
None
Submitted by: / W)% '
Ryan J. _
Prepared by:
'":'-"'n Nancy M. F
r
Reviewed by�,
Teresa Hoffinan Liston; /Corporation Counsel
and Economic Development Director
X'
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT
CODE, SECTION 12 -15 -4 TO ALLOW CERTAIN MODIFICATIONS TO EXISTING
NON - CONFORMING STRUCTURES TO BE APPROVED ADMINISTRATIVELY
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the
State of Illinois, can exercise any power and perform any function pertaining to its govermmnt
affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Village continuously reviews and, as it deems necessary, updates
existing Municipal Codes to assure they are kept current and relevant; and
WHEREAS, the applicant, Village of Morton Grove, has made a proper application to the
Plan Commission in case number PCI4 -10 to consider and recommend the adoption of a text
amendment to the Village of Morton Grove Unified Development Code, Section 12 -15 -4, to
allow certain modifications to existing non - conforming structures to be approved
administratively; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public
notice duly published in the Niles - Morton Grove Patch, a newspaper of general circulation in the
Village of Morton Grove which publication took place on May 29, 2014, a public hearing was
conducted on June 16, 2014 relative to the above referenced case at which time all concerned
parties were given the opportunity to present and express their views for the consideration of the
Plan Commission. As a result of said hearing, the Plan Commission made certain
recommendations and conditions through a report dated July 2, 2014, a copy of which is attached
hereto and made a part hereof and marked as Exhibit "Al'; and
WHERAS, the Village of Morton Grove was incorporated in 1895 and the Village's
zoning regulations have changed over time and with subsequent changes many older buildings in
Morton Grove exist as non - conforming structures; and
WHEREAS, Currently the Village's Unified Development Code (UDC) requires the
approval of the Zoning Board of Appeals the modification of certain nonconforming structures
even if such modification would not increase or expand the non - conforming aspect of the
structure and otherwise meet all other dimensional controls and relevant development
requirements and standards. This approval process can add a minimum of four to six (4 -6) weeks
to the review and approval process due to the 'Zoning Board of Appeals' meeting schedule and
the legal notification requirements; and
WHERAS, Village staff has recommended that the UDC be amended to allow for the
administrative review and approval of certain alterations or expansions of non - conforming
structures in cases where (1) the modifications would not increase or expand the non - conforming
aspect of the existing structure, (2) the proposed expanded /altered structure would otherwise
meet all other dimensional controls and relevant development requirements and standards
established within the Unified Development Code, (3) the modification is for a use that is
permitted within the underlying zoning district, and (4) the existing lot complies with the
minimum lot area and width requirements ; and
WHERAS, the proposed text amendment is consistent with similar administrative review
provisions included in the zoning ordinance of many surrounding communities and reflects good
planning and permitting practices; and
WHERAS, The Corporate Authorities have concluded that the proposed amendment will
preserve the intent of the Unified Development Code to allow for the orderly development and
redevelopment of the Village while streamlining the development approval process; and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and
find the text amendment, when evaluated in the context of the whole Village, serves the public
good; and
WHEREAS, the Village is desirous of assuring all policies are kept current and relevant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOI£ COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: Title 12 entitled Unified Development Code, Chapter 15, entitled
Nonconformities, Section 12 -15 -4 entitled Nonconforming Structures of the Municipal Code is
hereby amended by modifying this section as follows:
12 -15 -4: NONCONFORMING STRUCTURES:
These provisions shall apply to structures which are occupied by permitted uses or allowable
special uses in the zoning district in which they are located, but do not conform to the setback,
height, or floor area ratio requirements of the district in which they are located. These provisions
also apply to residential structures which were constructed on lots which became nonconforming
due to lot width and size, except as noted in Section 12- 15- 4:A.1., below. These provisions
refer to structural nonconformities due to zoning provisions. Structural nonconformi ties due to
building and fire codes must still comply with the provisions regarding nonconformities in those
codes specifically.
A. Continuation And Expansion Of Nonconforming Structures: Nonconforming
structures may continue and may be expanded and altered as follows:,
1. Administrative Review: Nonconforming structures may be expanded
and altered, through an administrative review process, provided that
the proposed addition to and/or alteration of the structure meets the
following criteria:
a. The existing lot area and lot width comply with the requirements
established in Unified Development Code for the specific zoning
district in which the propertv is located;
b. The addition to or alternation of the structure does not expand or
increase the non - conforming aspect of the structure;
C. The new addition to and /or alteration of the structure in and of
itself, complies with all the required dimensional controls,
d. The overall structure and site with the addition and /or
alterations, complies with all the required dimensional controls,
with the exception of the existing legal non - conformity, and does
not result in the need for any waivers to the dimensional controls
or anv other relevant development requirement or standard,
established within the Unified Development code, including but
not limited to parking, landscaping, signage, etc.; and
C. The existing and proposed use(s) within the structure must be
permitted use(s) within the respective zoning district in which the
property and structure are located.
2. Zoning Board of Appeals Review: Nonconforming structures, which do
not meet the criteria established in 12- 15- 4:A.I., may be expanded and
altered, provided that the expansion or alteration meets the criteria of an
authorized variation by the zoning board of appeals, and that the zoning
board of appeals finds that an undue hardship is imposed on the owner of
the structure and does not adversely affect the adjoining property.
S. Damage To Nonconforming Structures: If a nonconforming structure is destroyed
or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event,
and the cost of restoring the structure to its condition immediately prior to the event:
1. Does not exceed fifty percent (50 %) of the cost of restoring the entire structure,
then the structure may be restored to its original nonconforming condition,
provided that a building permit is secured, reconstruction is initiated within one
year from the date of the damage, and such reconstruction is diligently pursued
to completion.
Exceeds fifty percent (50 %) of the cost of restoring the entire structure. The
structure shall not be restored unless the structure, as restored, and the use, will
thereafter conform to all requirements of the zoning district in which it is
located. A nonconforming structure which is a permitted use in a residential
district may be restored provided a variation is granted by the zoning board of
appeals.
C. Moving a Nonconforming Structure: A nonconforming structure may not be moved
or relocated in whole or in part, unless such move or relocation causes the structure
to conform to all regulations of the zoning district in which it is subsequently
located. (Ord. 07 -07, 3 -26 -2007)
PASSED this 11th day of August 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 11 th day of August 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 11 th day, of August 2014.
Avw
Id Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
To: Village President and Board of Trustees Z,
From: Ronald L. Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner ;
Date: July 2, 2014
Commission Report
Public Hearing Notice and Application
The Village of Morton Grove provided Public Notice for this request to be heard at the June 16,
2014 Plan Commission public hearing in accordance with applicable requirements. Pioneer Press,
a local newspaper, published a public notice on May 29, 2014. As this request is for a text
amendment, not a request for a specific site, no public notice signs or notification letters were
required.
Public Hearing —Staff Overview
Mr. Argumedo, Zoning Administrator /Land -Use Planner, presented the case on behalf of the
Village. He stated that per the Morton Grove Unified Development Code Section 12- 15 -4 -A,
Nonconforming structures may continue and may be expanded and altered, provided that the
expansion or alteration meets the criteria of an authorized variation by the zoning board of
appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the
owner of the structure and does not adversely affect the adjoining property. "
Mr. Argumedo noted that Section 12- 15 -4 -A covers ALL modifications to non - conforming
structures. The proposed text amendment would allow for administrative review of alterations or
expansions of non - conforming structures in cases where the modifications would not increase a
structure's non - conforming aspect of the structure and where the proposed expanded /altered
structure would otherwise meet all other relevant dimensional controls.
M. Argumedo continued that as the Village of Morton Grove was incorporated in 1695 and the
Village's zoning regulations have changed over time and with subsequent changes many older
buildings in Morton Grove exist as non - conforming structures. Under the current Village
regulations, any alternation or expansion, even one that by itself meets all district dimensional
controls AND which do not expand or increase the non- conforming nature of the structure require
a formal review before, and approval by, the Zoning Board of Appeals (ZBA). Due to the Zoning
Board of Appeals monthly schedule with specific notification requirements (minimum of 15 day
publication notice, within a newspaper), the requirement of ZBA approval adds a minimum of 4 -6
PC 14 -10: Text Amendment — Non - Conforming Structures
July 2, 2014
weeks to the review /approval process, requires additional staff time (preparation of reports,
mailings, etc.), and lengthen public hearing meetings.
Mr. Argumedo stated that this proposed text amendment allows for administrative review and
approval of modifications to non - conforming structures, which specifically comply with the
following requirements:
1. The existing lot area and lot width comply with the requirements established in the Unified
Development Code for the specific zoning district in which the property is located;
2. The addition to or alternation of the structure does not expand or increase the non-
conforming aspect of the structure;
3. The new addition to and /or alteration of the structure, in and of itself, complies with all the
required dimensional controls;
4. The overall structure, with the addition and /or alterations, complies with all the relevant
dimensional controls, with the exception of the existing legal non - conformity, and does not
result in the need for any waivers to the dimensional controls or any other relevant
requirement or standard within the Unified Development Code, including but not limited to
parking, landscaping, etc.
5. The existing and proposed use(s) within the structure must be permitted use(s) within the
respective Zoning District in which the property and structure are located.
Mr. Argumedo provided an overview of four cases, included in the June 8, 2014 staff report
(Exhibit A), which the Board recently approved and by which the applicant would have benefited
from this amendment. At the February 17, 2014 Zoning Board of Appeals meeting, the Board
heard and unanimously approved two commercial expansions of non - conforming structures. The
first was a 7,500 sq. ft. expansion to Morton Grove Pharmaceuticals' 116,250 sq. ft. facility. The
proposed addition itself met all M2 General Manufacturing dimensional control requirements, and
the proposed enlarged facility still complied with the required FAR. The proposed addition required
Zoning Board of Appeals approval because the existing structure encroached into the required
rear and side yard setback requirements of 10 ft. (4' -7" existing) and 20 ft. (10 ft. existing)
respectively and is an existing legal non - conforming structure. The proposed new addition did not
expand or increase the non - conforming nature of the structure as it was located 31 ft. from the
side and 183 ft. from the rear property lines, respectively. Staff initially met with representatives
of Morton Grove Pharmaceutical in December of 2013 to review the proposal; due to the current
regulations and filing requirements, the project was not be presented to or approved by the
Zoning Board of Appeals until February 17, 2014,
Mr. Argumedo continued that the Board also heard and approved a request by Sko -Die, Inc. for a
4,000 sq. ft. addition to its 60,000 sq. ft. non - conforming facility. As with Morton Grove
Pharmaceutical, the proposed addition met all M2 General Manufacturing setback and height
requirements, and the proposed enlarged facility still met the FAR requirement. The existing
structure however, encroached into the required 10 ft. (2 ft. existing) side and 20 ft. (5 ft.
existing) rear yard setbacks. Staff also initially met with representatives of Sko -Die in December of
2013 and due to notification requirements, the case was not presented to or heard by the Zoning
Board of Appeals until February 17, 2014.
Mr. Argumedo then presented overviews of two recent residential cases that similarly required
ZBA approval, but which could be handled administratively under the proposed text amendment.
At the May 19, 2014 ZBA hearing, an applicant presented a proposal for a partial second floor
2 x
PC 14 -10: Text Amendment — Non - Conforming Structures
July 2, 2014
addition to an existing 1 story residence. The existing residence encroaches 12 ft. in the required
rear yard setback of 30 ft. The proposed second floor addition was setback 41 ft. from the rear
property line and as such did not increase or expand the non - conforming nature of the structure.
The proposed addition met all other dimensional controls and the entire structure was below the
maximum permitted FAR. The applicant filed the original permit with the Building Department on
March 27, 2014.
Mr. Argumedo provided an overview of another residential project the ZBA recently approved. The
proposed small 85 sq. ft. addition had to be reviewed and approved by the ZBA because the
existing structure was non - conforming and encroached in the required 6 ft. (4' -10" and T -7"
existing) side and 30 ft. rear yard (28' -7" existing) setbacks, and exceeded the maximum
permitted (50 %) rear yard lot coverage (751/1c coverage for the existing structure). The proposed
addition itself met all dimensional controls and did not increase the non - conforming nature of the
existing structure or lot coverage.
Mr. Argumedo stated that the proposed text amendment to allow for alterations of or additions to
non - conforming structures that would not increase or expand the non - conforming nature of the
structure, where such addition or alteration in and of itself would met all other district dimensional
controls within the zoning district, mirrors zoning ordinances currently on the books in many
surrounding municipalities. The zoning codes of Evanston, Des Plaines, and Park Ridge all
explicitly state that a non - conforming structure that does not add to the non - conformance and
meets all other provisions of the individual zoning ordinance shall be allowed by right.
Mr. Argumedo then summarized the proposed amendment to allow for modifications to non-
conforming structures that meet the aforementioned five (5) conditions would preserve the intent
of the zoning code to allow for the orderly development and redevelopment of the Village while
streamlining the development approval process. By requiring that all other dimensional controls,
including but not limited to setback dimensions, FAR, lot coverage, etc. as well as pertinent
aspects of the Unified Development Code (parking, etc.) are met AND as long as the non-
conforming nature of the structure is not expanded or increased, this proposed amendment
maintains the intent and integrity of the municipal code, while allowing for a more streamlined
review process.
Public Hearing —Board Comment /Inauiry
Chairman Farkas asked for questions from the commissioners.
Commissioner Gabriel asked if there was
an administrative process in
place for
an initial review of
a proposal where this amendment would
apply and then an additional
approval
by an independent
person.
Ms. Radzevich stated the Village's project review process for an eligible non - conforming structure
would mirror every other development review process. When an application for a building permit
is filed the first review is done by the zoning division. The project is not advanced to other
departments for review until the zoning division has determined the project is compliant as to use
and meets dimensional controls and development standards. In the case of eligible modifications
to non - conforming structures, the proposed amendment provides some additional conditions for
administrative review that are not required by surrounding communities. Other neighboring
communities' regulations simply state that as long as the proposed modification complies with the
3
PC 14 -10: Text Amendment — Non - Conforming Structures
July 2, 2014
dimensional controls that it can be done. For this text amendment, staff has included some
additional conditions to the proposed text amendment for greater scrutiny. For example, any
modification of a non - conforming structure on a sub - standard lot would still require ZBA review
and approval.
Commissioner Gabriel followed up for clarification that if an applicant came in with a case to be
reviewed, the person that determined if the zoning aspects of the case were compliant or not,
would there need to be someone else that agrees with their determination? Commissioner Blonz
stated that his interpretation from Commissioner Gabriel's question was if someone is going to
check on someone else's approvals.
Ms. Radzevich stated that with any project submission it is either compliant with the Unified
Development Code or its not, this is not a judgment call. All the aspects of the project - the
setback dimensions, compliance with FAR, rear lot coverage, parking requirements, etc. - all
aspects of a submission have to comply. Ms. Radzevich continued that the owner or applicant is
responsible to provide all the calculations and dimensions. The architect that is providing the
drawings is putting their stamp on this and is certifying the information is accurate. The staff has
a lot of cross checks in place and there is a lot of overlap within the department. There are many
checks and balances that are done within the department for any permit review. This is the
review process that the department would use for projects that would fall under this proposed
amendment.
Chairperson Farkas asked if the non - conforming structure, due to excessive FAR, was not
changing the footprint, but adding a second a floor, would the project be eligible for review under
the proposed amendment? Mr. Argumedo noted that a non - conforming structure with respect to
FAR would not be eligible for administrative review through this amendment as any additions
would result in the expansion or increase of the existing non - conformity, FAR, and thus violate a
condition of the proposed amendment. Ms. Radzevich continued that staff discussed the proposed
amendment and possible scenarios with Corporation Counsel to ensure that the proposed
amendment would only apply to such non - conforming structures which could be expanded
without potential adverse impacts.
Public Hearing— Public Comment
Chairperson Farkas asked if anyone present that wanted to be heard on this case. No one asked
to speak.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked for a motion to approve Case PC14 -10.
Commissioner Blonz made a motion to approve the proposed text amendment, Case PC14 -10 with
the requirements included in the staff memo dated June 8, 2014, as follows:
Plan Commission recommends approval of Case #PC14 -10, for Text Amendments to Section 12-
15-4-A of the Moron Grove Unified Development Code (Ordinance 07 -07) to allow administrative
review of proposed alterations of and /or additions to non - conforming structures provided the
proposed project specifically complies with the following requirements:
- 4
PC 14 -10: Text Amendment — Non- Conforming Structures
July 2, 2014
1. The existing lot area and lot width complies with the requirements established in Unified
Development Code for the specific zoning district in which the property is located;
2. The addition to or alteration of the structure does not expand or increase the non - conforming
aspect of the structure;
3. The new addition or alteration, in and of itself, complies with all the required dimensional
controls;
4. The overall structure, with the proposed addition and /or alternations, complies with all the
relevant dimensional controls, with the exception of the existing legal non - conformity, and
does not result in the need for any waivers to any dimensional controls or any other relevant
requirement or standard within the Unified Development Code, including but not limited to
parking, landscaping, etc.
5. The use must be conforming to the list of permitted use in Zoning District in which it is
located.
Motion was seconded by Commissioner Dorgan and was passed unanimously (6 -0 -1;
Commissioner Kahn absent).
ma
PC 14 -10: Text Amendment — Non - Conforming Structures
July 2, 2014
PC 14 -16 Proposed 'Text Amendment Language
(New Text shown in bold underlined format; any deleted text shown as strikethretaclh format)
12 -15 -4: NONCONFORMING STRUCTURES:
These provisions shall apply to structures which are occupied by permitted uses or allowable
special uses in the zoning district in which they are located, but do not conform to the setback,
height, or floor area ratio requirements of the district in which they are located. These provisions
also apply to residential structures which were constructed on lots which became nonconforming
due to lot width and size, except as noted in Section 12-15-4:A .I.. below. These provisions refer
to structural nonconformities due to zoning provisions. Structural nonconformities due to building
and fire codes must still comply with the provisions regarding nonconformities in those codes
specifically.
A. Continuation And Expansion Of Nonconforming Structures: Nonconforming
structures may continue and may be expanded and altered as follows:,
1. Administrative Review: Nonconforming structures may be expanded and
altered. through an administrative review process provided that the
proposed addition to and /or alteration of the structure meets the followin
criteria:
a. The existing lot area and lot width comply with the requirements
established in Unified Development Code for the specific zoning
district in which the property is located,
b. The addition to or alternation of the structure does not expand or
increase the non - conforming aspect of the structure;
e. The new addition to and/or alteration of the structure, in and of
itself, complies with all the required dimensional controls;
d. The overall structure and site with the addition and /or alterations
complies with all the required dimensional controls with the
exception of the existing legal non - conformity and does not result in
the need for anv waivers to the dimensional controls or any other
relevant development requirement or standard established within
the Unified Development code including but not limited to parking
landscaping, signage. etc.: and
e. The existing and proposed use(s) within the structure must be
permitted use(s) within the respective zoning district in which the
property and structure are located.
Zoning Board of Appeals Review: Nonconforming structures which do
not meet the criteria established in 12- 15 -4•A 1 may be expanded and
altered, provided that the expansion or alteration meets the criteria of an
authorized variation by the zoning board of appeals, and that the zoning board
of appeals finds that an undue hardship is imposed on the owner of the
structure and does not adversely affect the adjoining property.
PC 14 -10: Text Amendment — Non - Conforming Structures
July 2, 2014
B. Damage To Nonconforming Structures: If a nonconforming structure is destroyed or
damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and
the cost of restoring the structure to its condition immediately prior to the event:
I Does not exceed fifty percent (50 %) of the cost of restoring the entire structure,
then the structure may be restored to its original nonconforming condition,
provided that a building permit is secured, reconstruction is initiated within one
year from the date of the damage, and such reconstruction is diligently pursued to
completion.
2. Exceeds fifty percent (50 %) of the cost of restoring the entire structure. The
structure shall not be restored unless the structure, as restored, and the use, will
thereafter conform to all requirements of the zoning district in which it is located.
A nonconforming structure which is a permitted use in a residential district may be
restored provided a variation is granted by the zoning board of appeals.
C. Moving A Nonconforming Structure: A nonconforming structure may not be moved
or relocated in whole or in part,, unless such move or relocation causes the structure to
conform to all regulations of the zoning district in which it is subsequently located.
(Ord. 07 -07, 3 -26 -2007)
7
m
village of Morton Grove
Department of Community Development
To: Chairperson Farkas and Members of the Plan Commission
From: Nancy Radzevich, AICP, Community & Economic Development Director
Dominick Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: June 8, 2014
Re: Plan Commission Case PC 14 -10 - Application for Text Amendments to
Sections 12 -15 -4 of the Morton Grove Unified Development Code
(Ordinance 07 -07) to allow certain "de minimis" modifications to existing
non - conforming structures to be approved administratively rather than
require a variance
STAFF MEMORANDUM
Public Notice
The Village provided Public Notice for the June 16, 2014 Plan Commission public hearing for PC
14 -02 in accordance with the Unified Development Code. The Niles- Morton Grove Patch
published the public notice on May 29, 2014. As this request is for a text amendment, not a
request for a specific site, no public notice signs or notification letters were required.
Background
The Morton Grove Unified Development Code Section 12- 15 -4 -A states, "Continuation And
Expansion Of Nonconforming Structures: Nonconforming structures may continue and may be
expanded and altered, provided that the expansion or alteration meets the criteria of an
authorized variation by the zoning board of appeals, and that the zoning board of appeals finds
that an undue hardship is imposed on the owner of the structure and does not adversely affect
the adjoining property '
As read, Section 12- 15 -4 -A covers ALL manner of proposed non - conforming structure expansion
including structural expansions that would not increase a structure's non - conforming aspect and
where the proposed expansion would otherwise meet all other zoning district dimensional
controls. The proposed text amendment would allow for administrative review of such proposals
rather than requiring submission before the Zoning Board of Appeals. The existing requirement
of a formal application before the Zoning Board of Appeals for an expansion of a non-
conforming structure that does not increase an existing non - conformity and would otherwise
meet all other dimensional controls can add at minimum a month to a project's approval time.
Discussion
As the Village of Morton Grove was incorporated in 1985 and Village's zoning regulations have
changed over time, with the last zoning code comprehensive overhaul approved in 2007, many
structures in Morton Grove exist as non - conforming structures. As such, under the present
Village regulations, any structural expansion, even one that by itself meets all district
dimensional controls AND which do not expand or increase the non- conforming nature of the
structure require a formal review before the Zoning Board of Appeals. Due to the Zoning Board
of Appeals monthly schedule with specific notification requirements (minimum of 15 day
publication notice, within a newspaper), this process can add at a minimum of 4 -6 weeks to the
approval process, require additional staff time (preparation of reports, mailings, etc.), and
lengthen public hearings.
Staff notes that this proposed text amended is strictly for additions to and /or alternations of
non - conforming structures, per Section 12 -15 -4, which specifically comply with the following
requirements:
1. The existing lot area and lot width comply with the requirements established in Unified
Development Code for the specific zoning district in which the property is located;
2. The addition to or alternation of the structure does not expand or increase the non-
conforming aspect of the structure;
3. The new addition to and /or alternation of the structure, in and of itself, complies with all
the required dimensional controls;
4. The overall structure, with the addition and /or alternations, complies with all aspects of
the dimensional controls established for this zoning, with the exception of the existing
legal non - conformity, and does not result in the need for any additional waivers to the
dimensional controls or any other relevant requirement or standard within the Unified
Development code, including but not limited to parking, landscaping, signage, etc.
Example cases
The Board recently approved four cases that would have benefited from this amendment. At
the February 17, 2014 Zoning Board of Appeals hearing, the Board heard and unanimously
approved two commercial expansions of non - conforming structures. The ZBA heard and
approved ZBA #14 -02, a 7,500 sq. ft. expansion to Morton Grove Pharmaceuticals' 116,250 sq.
ft. facility. The proposed 7,500 sq, ft. front addition itself met all M2 General Manufacturing
setback and height requirements, and the proposed enlarged facility still met the district's FAR
requirement. The proposal required Zoning Board of Appeals approval due to the existing
structure encroaching into the M2 General Manufacturing District rear and side yard setback
requirements of 10 ft. (47" existing) and 20 ft. (10 ft. existing) respectively. The proposed new
addition was 31 ft. from the side property line and 183 ft. from the rear property line. The side
and rear property lines border the Forest Preserve. Staff initially met with representatives of
Morton Grove Pharmaceutical in December of 2013 to review the proposal. Due to the existing
structure's non - conformance, the project could not be approved until the Zoning Board of
Appeals approved the project on February 17, 2014.
The Board also heard and approved ZBA #14 -01 where Sko -Die proposed a 4,000 sq, ft.
addition to its 60,000 sq. ft. non - conforming facility. As with Morton Grove Pharmaceutical, the
proposed addition met all M2 General Manufacturing setback and height requirements, and the
proposed enlarged facility still met the district's FAR requirement. The existing structure
however, encroached into the required 10 ft. (2 ft. existing) side and 20 ft. (5 ft. existing) rear
yard setbacks. Staff initially met with representatives of Sko -Die in December of 2013 to review
the proposal and explained that it would require a variance that, due to notification
requirements, could not be heard before the Zoning Board of Appeals until the February 17,
2014 hearing.
At the May 19, 2014 ZBA hearing, the ZBA approved two residential projects that would be
covered under the proposed text amendment. ZBA #14 -09 proposed a partial second floor
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addition to an existing 1 story residence. The existing residence encroached 12 ft. within the
required R2 Single Family Residence rear yard setback of 30 ft. The proposed second floor
addition did not cover the entire first floor and was setback 41 ft. from the rear property line,
The proposed addition met all other dimensional controls and the entire structure was below
the district FAR limit of 0.6. The Zoning Board of Appeals approved the project. The applicant
filed the original permit with the Building Department on March 27, 2014.
ZBA #14 -10 proposed an 85 sq. ft. front addition. The project had to be approved by the ZBA
due to the existing structure's encroachment into the R2 Single Family Residence required 6 ft.
(4'10" and 57" existing) side and 30 ft. rear yard (287' existing) setbacks, along with the rear
yard lot coverage exceeding the 50% threshold (75% existing). The proposed addition itself
met all dimensional controls and did not increase the existing structures degree of non-
conformity. Indeed, the addition as proposed was 27 ft. and 35 ft. from the side property lines
and 70 ft. from the rear property lines and was not in the required rear yard. The Zoning Board
of Appeals approved the project.
Neighboring Municipalities
The proposed amendment to allow for alterations of or additions to non - conforming structures
that would not increase or otherwise expand the non - conforming nature of the structure, such
addition or alteration in and of itself would met all other district dimensional controls within the
zoning district, AND the combined structure also would meet all dimensional controls, with the
exception of the existing non - conformity, mirrors zoning ordinances currently on the books in
many surrounding municipalities. The zoning codes of Evanston, Des Plaines, and Park Ridge all
explicitly state that a non - conforming structure that does not add to the non - conformance and
meets all other provisions of the individual zoning ordinance shall be allowed by right.
Benefits
The amendment preserves the intent of the zoning code to allow for ttre orderly development
and redevelopment of the Village while streamlining the development approval process. By
requiring that all other dimensional controls, including but not limited to setback dimensions,
FAR, lot coverage, etc., as well as pertinent aspects of the parking ordinance, are met AND as
long as the non - conforming nature of the structure is not expanded or altered, maintains the
intent and integrity of the and allows for a streamlined process.
Further, allowing for this type of administrative process encourages those who might be seeking
to alter or construct an addition onto an existing non - conforming structure to comply with all
other aspects of the dimensional controls as well as all other requirements of the Unified
Development Code in order to qualify for an Administrative review process versus a public
hearing process. Compliance with all the other dimensional controls, particularly FAR and lot
coverage, are critical aspects to the ensuring that any potential impacts associated with the
addition and /or alternation are minimized and /or negated all together.
Recommendation
If the Plan Commission decides to support this text amendment, Staff suggests the following
motion:
Plan Commission
recommends approval of
Case #PC14 -10, for Text Amendments
to
Section 12-
15-4-A of the
Moron Grove Unified
Development Code (Ordinance 07 -07)
to allow
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administrative review of proposed alterations of and /or additions to non - conforming structures
provided the proposed project complies with the following:
specifically comply with the following requirements:
1. The existing lot area and lot width comply with the requirements established in Unified
Development Code for the specific zoning district in which the property is located;
2. The addition to or alternation of the structure does not expand or increase the non-
conforming aspect of the structure;
3. The new addition to and /or alternation of the structure, in and of itself, complies with all
the required dimensional controls;
4. The overall structure, with the addition and /or alternations, complies with all aspects of the
dimensional controls established for this zoning, with the exception of the existing legal
non - conformity, and does not result in the need for any additional waivers to the
dimensional controls or any other relevant requirement or standard within the Unified
Development code, including but not limited to parking, landscaping, signage, etc.
5. The land use must be conforming to the Zoning District in which it is located.
Attachments:
Application
Proposed Amendments to Section 12- 15 -4 -A of the Morton Grove Unified Development Code
(Ordinance #07 -67)
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