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HomeMy WebLinkAbout2009-03-03 Special MinutesiVIINUTES OF THE MARCH 3, 2009, SPECIAL HEARING TO CONSIDER REVOCATION OF A SPECIAL USE PERMIT FOR THE "PRESERVES" RICHARD T. FLICKINGER MUNICIPAL CENTIrR COUNCIL CHAMBERS 610I CAPULINA AVENUE MORTON GROVE, ILLINOIS G0053 Pursuant to proper notice in accordance with the Open Meetings Act, the Special Hearing was called to order at 3:42 pm by Plan Commission Chairperson Ron Farkas. Meeting Secretary Susan Lattanzi called the roll. In attendance were: Panel: Plan Commission Chairperson Ron Farkas, President Richard Krier, Corporation Counsel Teresa Hoffinalr Liston Absent: No one appeared on behalf of the applicant Village Staff: Village Administrator Joseph F. Wade, and Vil]age Planner Bonnie Jacobson, Executive Secretary Susan Lattanzi Alsc Present: TL-e press, and several members of the publlc Chairperson Ron Farkas stated a citation was sent out on February 24, 2009, concerning whether the requirements Section 12-16-4 of the Village of Morton Grove Unifred Development Code andJor Ordinance 08-36 [an Ordinance approving a Planned Unit Development (PUD) for the property commonly known as 6415 Dempster, 6421-57 Dempster, and 8717 Lincoln Avenue] had been violated and if so whether the special use permit should be revoked. He stated the three member Panel (President Krier, Corporation Counsel Liston, and himself) were appointed to hear this case. He stated the purpose of the meeting was to determine whether Morton Grove DL, LLC is in violation of its special use pennitand if so, whetherthe special use permit should be revoked. Mr. Farkas stated a majority vote (2 votes) will be required to recommend revocation to the Village Board of Trustees. The Village Board of Trustees will then make a final determination and decision. Mr. Farkas noted neither Mr. Kropp nor anyone fi•om from Morton Grove DL, LLC or New Century Bank was present. Mr. Farkas then called upon Village Planner Bonnie Jacobson to give testimony. Ms. Jacobson read the notice/citation for the record, a copy of which has been a~taw%k~ to these minutes. Ms. Jacobson and Mr. Wade were then sworn in by Chairperson Farkas. Ms. Jacobson stated one of the special use conditions the applicant provide proof to the Village Administrator the construction loan has been secured before September 30, 2008, had not occurred. On February 16, 2009, a foreclosure sale tools place wherein i~Tew Century Bank purchased the property. Therefore, this applicant no longer owns the property and is in violation of the PUD Ordinance. The Director of Community acrd Economic Development Bill Neuendorf was present acrd witnessed that sale. The follov~ing questions were asked by the Board to Ms. Jacobson: At the request of Ms. Liston, Ordinance 08-36 was submitted into evidence. Ms. Liston also stated Ms. Jacobson referenced Section 2, Condition 10 of the Ordinance and asked her to read it into the record. The statement is as follows: °`In the everzt,finarzcing has not been secured (i. e., t7ze applicant's construction loan has not closed) by September 30, 200$ and construction has not comme~~ced by January 1, 2009, this special use permit is subject to further review, modification and/or revocation. She also read Condition 8 which read: No building per°m~it shall be issued for any building unless and until the applica~tit has p~°ovided satisfactory proof to the Village Administrator or his designee the applicant has closed nn. the construction loan and has Buff event funds to complete the PUI~. " That proof was never provided stated Ms. Jacobson. Ms. Jacobson stated she is the Village's Planner and works out of the Building Department, thereby she has knowledge that permits were approved but never issued following the adoption of Ordinance 08-36. Mayor Krier asked if the notice of violations were sent to the applicant? Ms. Jacobson stated she would defer to the Serving Agent, who is the F,xecutive Secretary Susan Lattanzi. Ms. Lattanzi stated the notices were sent to Mr. Kropp of MU DL, LLC and Mr Romano and Mr Jolutson of New Century Bank via certified and regular mail on February 24, 2004. Only one certizfied mail receipt was returned and that was from Mr. Kropp. ` Mr. Wade was then called to the stand. Mr. Farkas asked whether the financing was secured and did the Village receive notification of the change of ownership? Mr. Wade stated to his knowledge financing was never secured by Iv'torton Grove. DL, LLC. He was advised by Mr. Neucndorf that a sheriff' s sale was held and the property was purchased by New Century Bank. Ms. Liston then asked whether Mr. Wade had any recent conversations with Mr. Kropp? Mr. Wade answered, no. She then asked if he had any latowiedge of any agents of the Village speaking to Mr. Kropp about his financing? Mr. Wade answered, no. Mr. Farkas then asked Ms. Jacobson if there were any other violations? Ms. Jacobson stated since the construction did not move forward there were a number of conditions that had not met, they are as follows: • Floor plans be modified per Fire Department concerns -those changes were never made; • The PUD would be constructed according to the elevations; • A final landscape plan including a more detailed presentation of the fountain was supposed to be sent to the Appearance Commission and was never submitted; • The master construction schedule dated August 6, 2008, was never followed; • Prior to the issuance of each building permit; the applicant was required to place funds into various escrow accounts and none of (hose dollars were ever placed in those accounts; • A security was to be placed for public improvements, which was never done. Ms. Jacobson spoke with a representative from the Public Works Department this morning and nothing was ever completed. Ms. Liston then asked Ms. Jacobson to provide a history of the development. Ms. Jacobson stated the PUD was originally approved on October 24, 2005, with Ordinance OS-48. Ordinance 06-31 (passed on September ll, 2006), was the amendment to the original special use. Ordinance 08-03 (passed on January 14, 2008), approved additional amendments to the special use to allow for an extension of time to commence and proceed with the construction of the PUD. This ordinance which included a condition that provided in the event the applicant's financing was not approved by April 30, 2008, the special use permit would be subject to further review, modification and/or revocation. Ordinance 08- 18 (passed on June 9, 2008), in fact revoked the special use permit because the applicant did not secure the financing needed for the project by the set date of April 30, 2009. Ms. Liston then asked if there was an ordinance within the Village that requires building permits and the start of construction by a certain time after receipt? Ms. Jacobson stated, yes. Ms. Liston asked for an explanation. Ms. Jacobson stated PUDs or other special uses must commence within one year of when the special use permit was issued. In this case the special use was originally issued in 2005 the last amendment made in 2008. Mr. Farkas stated MG DL, LLC came to the Village in July 2008 and said they had received their fnancing, when in fact they had only been told they would receive the financing which turned out to be incorrect. Mr. Farkas then made one final call to see if anyone was at the meeting representing MG DL, LLC. There was no one present. There was also no one present from New Century Bank. Ms. Liston moved to adjourn into Executive Session at 4:02 pm. Mayor Krier seconded the motion. A roll call vote was taken. Chairman Farkas Ave Mayor Krier A~ Corporation Counsel Liston Aye Motion Passed`. 3 Ayes 0 Nays 0 Absent The special meeting recorrvened at 4:07 prn. Ms. Liston made a motion that this Panel find the application violated one or more of the terms of the special use permit granted to Morton Grave DL, LLC pursuant to Ordinance 08-36. Mayor Krier seconded the motion. Ms. Liston had a few comments. It is her opinion the Vil]age proved by the preponderance of the evidence there has been at least one violation of the special use permit granted to Morton Grove DL, LLC. In the notice of violation, the Village spelled out tln•ee specific violations (financing has not been secured, the building permit had not been secured by Jmzuary 1, 2009, and that o>7~nership had passea'}. She stated Ms. Jacobson has also enumerated otherviolations. The applicant did notappear and the Village's testimony was credible. No pennies were issued and it was her belief every violation did occur. She also believes a sheriff s sale took place and the trarvsfer of title was inevitable but noted there has been no testimony that a change of ownership had taken place. She believes there are ample violations and the Panel is well within its purview to come to a conclusion and make a decision. Mr. Farkas agreed wifh everything that was said by Ms. Liston and the fact the applicant dial not appear today is also being taken into consideration. Mayor Krier ae*reed and felt the record provides there has been more than one violation. A roll call vote was taken. Chairman Farkas Aye Mayor Krier ~ Corporation Counsel Liston Aye Motion Passed: 3 Ayes 0 Nays 0 Absent Corporation Counsel Liston then made another motion wherein it be recommended to the Village }3oard of Trustees that Morton Grove DL, LLC's special use permit be revoked. The motion was seconded by Mayor Krier. A discussion ensued. Mayor Krier felt the Village had done everything possible to move Phis project along. However, now it is at The end. Mr. Farkas stated. this decision is not being taken lightly. However he feels revocation is justified sincz there has been harm to The Village. Ms. Liston also concurred and added, when a special use is issued, the. surrounding area and residents are considered. It is her opinion this revocation is necessary to prevent further injury to the surrounding properties and Morton Grove residents. Since 2006 this property has been in an unfinished state and has been injurious to adjacent properties under construction. A roll call vote was taken. Chairman Farkas Ave Mayor Krier Aye, Corporation Counsel Liston Awe Motion Passed: 3 Ayes 0 Nays 0 Absent There being no further business to come before the. Board, Mr. Farkas asked for a motion to adjourn. Ms. Liston made the motion to adjourn. Mayor Krier seconded the motion and was unanimously approved pursuant to a voice vote at 4:76 pm. { Minutes by: Susan Latta~izz ~' _ r` a_' Special meeting minuYes.03-03-09 ATTACHMENT VILLAGE OF MORTON GROVE, ILLINOIS NOTICE OE VIOLATIONS OF SPECIAL LJSE PROVISIONS AND NOTICE OF HEARING TO: MG DL, LLC c/o Steve Kropp, Managing Partner 6300 Lincoln Avenue Morton Grove, Illinois 60053 COURTESY COPY: New Century Bank Attn: Tom Romano Attn: Larry Johnson 7173 North Lineohr Avenue 363 W. Ontario Lincolnwood, IL 60712 Chicago, IL 60610 SPECIAL USE LOCATION: The Preserves 6415 Dempster, 6421-57 Dempster, and 8717 l,incohi Avenue Morton Grove. Illinois 60053 DATF, OF'HEARING March 3. 2009 YOU ARE HEREBY NOTIFIED that you are alleged to be in violation of cerkain conditions of the Special Ilse Permit which was granted to you pursuant to Ordinance 08-36, to wit: 1. Section 10 of Ordinance 08-36 which provides: In ilae evenz,finaneing has not been secured (i. e., the applicant's construction loan has not closed) by September 30, 2008, and construction has not commenced byTanua~y 1, 2009, this special use permit is subject to fzrriher review, nzodifzcculon and/or revocation; and 2. Section 12-6-3-B-3 of Unified Development Code of the Village of Morton Grove which provides: The ownership of the planned unit development shall not change n~ithout the express approval of the village board of trustees until the planr¢ed unit development is fully developed,' YOU ARE FURTHER NOTIFIED THAT pursuant to Section 2-16-4 of the Unified Development Code of the Village of Morton Grove a three person board consisting of the Village President, Corporation Counsel, and Chairperson of the Plan CommissionlZoning Board of Appeals will convene a public hearing on March 3, 2009, at 3:30 pm, at the Council Chambers of the Village of Morton Grove, 6101 Capulina Avenue, Morton Grove, Illinois to determine whether you are in violation of these or any other violation of the special use permit granted to pursuant to Ordinance 08-36 to approve a Planned Unit Development for that property commonly known as 6415 Dempster, 6421-57 Dempster and 8717 Lincoln Avenue, (the Preserves of Morton Grove) and if so, whether said special use permit should be revoked. Please take notice at said hearing you shall be given an opportunity to appear and defend yourself against such charges and you may also be represented by an attorney, and you may produce wifiesses and evidence on your behalf. DATED at Morton Grove, [llinois, this 24'x' day of February 2009. Certificate of Service: Susan Lattanzi, Executive Secretary for the Village of Morton Grove, the undersigned does hereby certify the foregoing citation and notice of hearing was served upon the licensee on February 24, 2009, by certified mail and regular mail to the licensee. Signatm•e of Serving ec: Richard Krier, Village President _, Teresa Hofftnan Liston, Corporation Counsel Ron Farkas, Plan Commission/Zoning Board of Appeals Chairperson Joseph F. Wade, Village Administrator Ed Hildebrandt, Building Commissioner iegaiUeal estateWlG DI„ ~~C revocation U2-24-09