Long Grove Plan Commission

August 1, 2006 Meeting Minutes

Chairman Pro-tem: Tobin Fraley

Commissioners Present: Eduardo L. Acuna, Charles Cohn, Michael A. Dvorak, Nicholas Fasano, Robert Jenkins, and Shelly Rubin

Commissioners Absent: Fred Phillips and Joseph Di Iorio

Also Present: Village Planner James Hogue, Plan Commission Secretary Wendy Parr, and Village Attorney Julie Tappendorf

Commissioner Acuna moved that Commissioner Fraley serve at Chairman Pro-tem. Commissioner Rubin seconded the motion. All Ayes. No Nays. The motion carried.

1. Call to Order: Chairman Pro-tem Fraley called the meeting to order at 8:06 p.m.

2. PLAN COMMISSION WORKSHOP SESSION: Zoning Ordinance Text Amendment (Chapters 9, 10, 11 & 12) Discussion by full PCZBA

Village Attorney Tappendorf led the discussion. She stated that since certain issues such as signage, lighting and fences from chapter 9 were reserved from the last meeting and additional materials were recently provided, they will be discussed next time.

Chapter 10 was added to the code because the Zoning Code currently had very little in the way of nonconforming regulations and many of the proposed changes in the code will create a number of nonconforming situations. She reviewed the various sections of the code pointing out the highlights. There was a general discussion about each section.

Nonconforming structures were discussed. Generally a nonconforming structure can be altered and repaired as long as the nonconformance is not increased. If the structure is destroyed by an act of God, it can be replaced as long as a new nonconformity is not created and construction is begun within one year. All re-builds must comply with building codes (i.e. safety). The code in place at the time when someone applies to build in a vacant lot applies.

Village Attorney Tappendorf reviewed the major highlights of the nonconforming sign section. There were some things missing in the draft code such as an amortization provision time to correct nonconformities. The draft is based on the current code. She will postpone this discussion and bring in a proposed amortization schedule. We will discuss next time.

Zoning Administration and Enforcement, chapter 11, has been brought in line with state law and current Village practice. The Village Building Superintendent has looked at the draft. Part II is new but it comes from state statute. There was a general discussion about trails and the comprehensive plan.

Successive Applications, section 5-11-9, is new in order to avoid repetitive petitions. There was a general discussion about this section.

There was a general discussion about whether Chairman Phillips’ vote should be recorded in the minutes. The current chairman chooses not to vote unless there is a tie. Village Attorney Tappendorf stated that according to state law, the chairman is entitled to vote. Technically it is an abstention if he chooses not to vote.

Regarding section 5-11-19, not all applications require architectural review. B-1, O, OR, and PUD require architectural review. Often times, architectural review is challenged in court because it is subjective. However, requiring B-1, O, OR, and PUD to be reviewed is less likely to result in a legal challenge. The members discussed expansion of architectural review to all buildings and structures.

Section 5-11-20, Sign Permits, was expanded to add standards.

Section 5-11-22, General Enforcement Authority and Duty, was added because the current code is lacking enforcement provisions.

3. Approval of Minutes: July 18, 2006

Commissioner Rubin moved to accept the July 18, 2006 minutes as corrected. Commissioner Cohn seconded the motion. All ayes. No nayes. Commissioners Fasano abstained because he was absent during the meeting. The motion carried.

4. Other Business:

Commissioner Fasano asked what happens if someone starts working on something without SUP approval. Village Attorney Tappendorf stated that no structure or building may be used without the required special use permit or the use will be in violation of the Zoning Code. Storage might be permitted, however, depending on the uses permitted in the particular district for that property

5. Adjournment:

Commissioner Acuna moved to adjourn the meeting. Commissioner Cohn seconded the motion. All ayes. No nays. The motion carried.

The meeting was adjourned at 10:25 p.m.

6. Next Regular Meeting – September 5, 2006 at 8:00 p.m.

Respectfully submitted,

Wendy Parr

Plan Commission Secretary