PLAN COMMISSION 2017/05/11 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the May 11, 2017 Meeting
A meeting of the Lake Forest Plan Commission was held on Thursday, May 11, 2017, at
6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois.
Commission members present: Chairman Ley, Commissioners Tim Henry, Monica
Ruggles, Guy Berg, Rosemary Kehr and Louis Pickus
Commissioners absent: Commissioner Michael Freeman
Staff present: Catherine Czerniak, Director of Community Development
1. Introduction of Commissioners and staff.
Chairman Ley invited the members of the Commission and staff to introduce
themselves. He welcomed Commissioner Pickus to the Commission.
2. Consideration of the minutes of the March 8, 2017 meeting.
The minutes of the March 8, 2017 meeting were approved as submitted.
3. Public Hearing and Action: Consideration of a plat of condominium for property
located at 1439/1441 McKinley Road.
Property Owner: 1439/1441 McKinley Road, LLC (Peter Childs)
Representative: Aaron Spivack, attorney
Chairman Ley asked the Commission for any conflicts of interest or Ex Parte contacts,
hearing none; he swore in all those intending to speak and invited a presentation from
the petitioner.
Mr. Spivack introduced the petition noting that the property owner was unable to
attend the meeting. On behalf of his client, he requested approval of a plat of
condominium to allow the owner to obtain a separate mortgage for each unit in the
building. He noted that the overall site plan and the building were recently approved
by Building Review Board and noted that construction on the site is nearing completion.
Ms. Czerniak stated that the plat presented for Plan Commission consideration will allow
each duplex unit to be held in separate ownership. She added that the plat identifies
the commonly held areas; the yard, driveway and garage. She stated that although
the plat does not propose any physical changes to the property, the City Code requires
approval of any division of land or buildings to be documented through the approval
and recording of a plat of subdivision or condominium. She stated that for now, the
owner intends to retain ownership of the entire site but desires to obtain a separate
mortgage for each unit. She stated that the plat of condominium will allow each unit to
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be covered by a separate mortgage and will allow each unit to be sold separately in
the future. She stated that the Building Review Board considered this project in 2015
and the City Council approved the project, based on the Board’s recommendation to
do so. She stated that construction proceeded and now, is nearly complete. She
noted that plats of condominium cannot be approved prior to construction since the
units, as built, are delineated on the plat. She stated that the Commission’s
recommendation on the plat will be forwarded to the City Council for action and if
approved, City staff will work with the petitioners to finalize the plat and have it
recorded with the County.
In response to questions from Commissioner Berg, Ms. Czerniak confirmed that the
Building Review Board considered the design aspects of the project, but did not discuss
the form of ownership that was intended for the property. She noted that the Building
Review Board has no purview over whether units are offered for sale or for rent. She
stated that the Commission’s review was triggered because the owner desires to hold a
separate mortgage on each unit. She confirmed that the GR-3 zoning district allows for
a duplex structure, two living units within a single structure, but does not dictate whether
the units must be owned or offered for rent. She stated that is it not uncommon for
duplexes to be held in separate ownership with shared common areas. She
acknowledged that some duplex units are rented out, rather than owner occupied.
Commissioner Berg noted that he often hears that there are not enough rental units
available in the community. He noted that if the units are separately owned, one unit
could be owner occupied and the other could be rented out. He noted that rental
units can be occupied on a more transitional basis.
In response to questions from Commissioner Berg, Ms. Czerniak noted that there appears
to be demand for smaller units, both for owner occupied units and rental units. She
noted that as part of the Focus Development project which is now under construction
on the former City Municipal Services site, 111 apartment units will soon be available.
She confirmed that a Declaration of Covenants is required to be recorded with the plat
of condominium adding that the covenants which will govern both units, will establish
limitations on use of the units and the site overall.
In response to questions from Chairman Ley, Mr. Spivack stated that the units are about
1,600 square feet each and noted that each unit has two floors.
In response to questions from Commissioner Berg, Ms. Czerniak confirmed that the new
development on the northeast corner of McKinley Road and Wisconsin Avenue will offer
condominium units.
Hearing no further questions or comments from the Commission, Chairman Ley invited
public comment and swore in all those intending to speak.
Joe Mendino, 677 W. Old Elm Road, stated that he has lived in Lake Forest most of his
life. He stated that he owns duplexes near this property, on McKinley Road. He
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questioned whether the previous owner down zoned the property to prohibit the
construction of duplexes. He stated that the property owned by Mr. Childs is a very tight
site and noted that the driveway and garage are narrow. He spoke for the neighboring
property owner noting that there is no screening and no privacy as a result of the new
development. He questioned whether a fence will be put up. He noted that the silt
fence on the property is falling down and was originally put on the neighboring
property. He stated that he did not receive a registered letter about this project.
Ms. Czerniak confirmed that the property is in the GR-3 zoning district, a district in which
duplexes, or two attached single family units, are permitted. She acknowledged that
the lot is small similar to other properties in the area and noted that the design aspects
of the project were previously approved by the City Council based on a
recommendation from the Building Review Board. She acknowledged that construction
work on the site is not completed. She confirmed that notice of the Plan Commission’s
public hearing was mailed by the City to surrounding residents by first class mail.
Hearing no further requests to speak, Chairman Ley invited final questions from the
Commission.
In response to a question from Chairman Ley, Mr. Spivack stated that the owner intends
to offer the units for rent at this time.
In response to questions from Commissioner Kehr, Mr. Czerniak confirmed that the
Building Review Board reviewed the site plan, architectural aspects of the duplex
structure, garage and the landscaping. She confirmed that prior to the Building Review
Board’s consideration, notice of that public hearing was sent to surrounding residents.
She confirmed that the Board’s recommendation was approved by the Council.
In response to questions from Commissioner Berg, Ms. Czerniak confirmed that no
variances are requested as part of the current petition. She stated that the
condominium plat does not approve or authorize any changes to the site but instead,
allows the units to be held in separate ownerships.
In response to questions from Chairman Ley, Ms. Czerniak confirmed that the Certificate
of Occupancy will not be issued until all required inspections are completed by City
inspectors and all conditions of the earlier approvals are found to be satisfied.
Hearing no further questions or comments from the Commission, Chairman Ley invited a
motion on the petition.
Commissioner Henry made a motion to recommend approval of the petition as
requested by the petitioner.
The motion was seconded by Commissioner Ruggles.
Commissioner Pickus asked for clarification that the motion includes the conditions as
recommended by City staff and as detailed in the staff report.
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Commissioner Henry confirmed that the motion incorporates the conditions as
recommended by staff.
The Commission voted 6 to 0 to approve the motion.
5. Additional public comment on non-agenda items
There was no testimony was presented on non-agenda items.
6. Additional information from staff.
There was no additional information presented by staff.
The meeting was adjourned at 6:56 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development