1 1 VILLAGE OF WINFIELD PLAN COMMISSION MEETING 2 3 PUBLIC HEARING RE: ) ) 4 POINTNER PROPERTY ) 5 6 TRANSCRIPT OF PROCEEDINGS had in the 7 above-entitled cause on the 5th day of September, A.D. 8 2007, at 8:04 p.m. 9 10 PLAN COMMISSION BOARD 11 CLIFF MORTENSON, Chairman; DENNIS CLARK, 12 PETER DOPPER, JAY OLSON, 13 RHONDA PEEBLES, STEVE ROMANELLI, 14 DENEEN THOM, Members. 15 VILLAGE STAFF: 16 CARRI TULLIER, Development Coordinator. 17 PRESENT: 18 KATHY ELLIOTT, Village Attorney; CHRISTINE PETITTI, Village Board Liaison; 19 JOEL KUNESH, Village Board Trustee. 20 REPORTED BY: 21 MS. CATHERINE ARMBRUST RAJCAN, CSR, RDR, CRR, CCP. 22 23 24 EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 2 1 (WHEREUPON, proceedings were had 2 which are not herein transcribed.) 3 CHAIRMAN MORTENSON: The next item on the agenda is 4 a public hearing regarding request for a special use 5 for the Pointner project. 6 Is -- yes. 7 Okay. Do I have a motion to open public 8 hearing for the Pointner project? 9 MR. OLSON: So moved. 10 CHAIRMAN MORTENSON: Second? 11 MS. THOM: I second. 12 CHAIRMAN MORTENSON: Second is Dee. 13 All in favor? 14 (A Chorus of Ayes.) 15 CHAIRMAN MORTENSON: Opposed? 16 Okay. 17 CARRI TULLIER: If you'd rather stand at the 18 podium, we can move that over there. 19 SCOTT POINTNER: Members of the Plan Commission, 20 members of staff, and members of the public, thank you 21 for your time today. My name is Scott Pointner, 22 P-o-i-n-t-n-e-r. I'm a resident here in Winfield, 27 W 23 417 Oak Court. 24 Ready to be sworn in. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 3 1 (WHEREUPON, the witness was duly 2 sworn.) 3 SCOTT POINTNER: I do. 4 Again, my name is Scott Pointner, and I'm a 5 contract purchaser here of property that is immediately 6 south of Creekside Park on the east side of Winfield 7 Road. 8 The address is 0 South 231 Winfield Road. And 9 there's a house there, and there's also a vacant lot 10 right next to it. 11 The two PIN numbers are 04-13-121-003 -- that's 12 for the house -- and 004 is for the vacant lot. 13 The application that we have tonight is for a 14 special-use permit to allow limited office use out of 15 the house that's currently there. It's important to 16 note that this is not an application for rezoning; 17 we're not asking to tear anything down; we're not 18 asking to build anything new. 19 This is a very -- is relatively small and -- 20 compromise, if you will, use for the property where we 21 will put a new roof on a house, put some new windows 22 on, and ask for the use -- for limited office use 23 within the R-2 district. 24 The R-2 district is unique in that it EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 4 1 specifically allows for these types of limited office 2 uses in very limited situations, all of which we have 3 here. 4 The three key issues that we have are whether 5 we're within 400 feet of Town Center -- and you can 6 only ask for these types of uses if you're within 400 7 feet of Town Center -- which we are -- it has to be on 8 a major street -- Winfield Road being one of the listed 9 ones -- and it has to be only for uses that have very 10 low parking demand. 11 And the special use that we're asking for is 12 going to encompass all of those things. 13 In fact, the house next door just to the south, 14 a really nice-looking sort of prairie style one, is the 15 same type of thing. Looks like a single family 16 residence, but it's used -- it has a special-use permit 17 for that. And so that's very similar to what we're 18 asking for. 19 So at the end of tonight we will be asking that 20 you consider voting favorably for our special use 21 request. 22 As I indicated, the property's just south of 23 Creekside Park on the east side of Winfield Road. If 24 you go on that east side of Winfield Road from the EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 5 1 library up to the gas station, there are no single 2 family uses on that entire side. It goes library, 3 library parking lot, office use, and then north of us 4 would be the park, and then the gas station. 5 The properties are two lots, and they encompass 6 just under 22,000 square feet. It's a little over a 7 half acre. They're both about 82-1/2 by 130. Again, 8 one of them has a house on it, the other one has -- is 9 a vacant lot. 10 So our request tonight is for three things, 11 essentially. Number one, special-use permit; number 12 two would be landscape plan approval; and the other 13 would be site plan approval. 14 Basically what we have here is the -- this is 15 north up here. 16 So we have the current house as it sits -- 17 we're not going to tear it down, we're just going to 18 put a new roof on, paint it and fix it up on the 19 outside. 20 And then for that we also have to have a little 21 parking area here on the south side. 22 Because all of us in Winfield really like our 23 trees, we're keeping all of the existing tree lines on 24 the landscape plan. We're obviously going to be EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 6 1 pruning back some of the trees that are unhealthy. But 2 we're adding 16 different trees throughout the property 3 to help screen away any light from the parking lot. 4 And that's all part of the -- the restrictions that are 5 within this R-2 special use. 6 The parking pad is here. We're going to be 7 moving it away from the park. And we're going to -- 8 which is also moving it away from the creek. And that 9 would be one of the issues we'll talk about in a few 10 minutes with regard to the engineering comments. 11 So looking at the specifics of the R-2 special 12 use, there are a couple of things that the zoning 13 ordinance tells us. First of all, it's for very small 14 office. This is not for big office buildings and big, 15 busy different office uses. It's just for small 16 offices that are in the older areas of our town. 17 It has to be within 400 feet of the Town Center 18 zoning district. And the idea is that we're looking 19 for transitions between residential areas and the more 20 busier areas of Town Center. 21 And the zoning ordinance is also there, as it 22 says, to promote limited business activity for these 23 types of areas. 24 These uses, the use list is very specific. And EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 7 1 it is characterized by low traffic volume uses with 2 very limited parking requirements. And that's exactly 3 what we're asking for today. 4 The uses that are allowed are relatively 5 benign; like an insurance agency, a landscape -- 6 architectural places, computer programming businesses, 7 lawyers, chiropractors, engineers, accountants, those 8 types of uses. 9 And we're not asking for anything in addition 10 to the list that is there. 11 Now, with regard to the site plan and 12 architectural review, the Plan Commission is asked to 13 review the site plan and the landscape plan to ensure 14 that we're in compliance with the purposes and 15 requirements of the special use. 16 With regard to parking, the parking requirement 17 is 3.3 spaces per thousand. We only have 1861 square 18 feet, and so the parking requirement would be 6.2 19 spaces. We're providing 8 spaces. 20 With regard to the standards, there are a 21 number of standards that the Plan Commission is asked 22 to look for. 23 We're supposed to retain the residential 24 character of the structure. So we're basically keeping EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 8 1 it as is with the -- obviously sprucing it up 2 physically with the new roof, the new windows, and 3 basically as it is here with some -- obviously painting 4 it and trying to improve the look of it, but also 5 keeping the residential character of the structure. 6 We are to make sure that all facades are the 7 same with regard to colors, materials, textures and 8 that type of thing. We're proposing that specifically. 9 We're -- all four sides will be the same. Not like 10 we're going to have brick on the one side and wood on 11 the other, anything like that. 12 Exterior lighting; specifically requires we're 13 not supposed to have big parking bright lights. We 14 have to have parking -- I'm sorry -- lighting which is 15 compatible with lighting that is typically utilized or 16 permitted in the R-2 district. That's exactly what 17 we're proposing here. 18 A number of other bulk requirements such as lot 19 coverage. The 40 percent is your maximum; we're 20 proposing 29.4 percent. 21 Minimum lot size. You have to have 15,000 22 square feet; we've got almost 22,000 square feet. 23 Has to be 90 feet wide -- 24 MR. DOPPER: Hang on, Scott. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 9 1 (WHEREUPON, there was a short 2 interruption.) 3 MR. DOPPER: Go ahead. 4 SCOTT POINTNER: With regard to minimum lot width, 5 has to be 98 wide. We have 165 feet wide. The front 6 yard has to be 40 feet in depth. The house is 61, so 7 we comply there. The parking lot is 40, so we comply 8 there as well. 9 With regard to the side and rear yards, there's 10 a little rezoning that we have to run through. The 11 first is the house is 7.5 feet from the -- from the 12 side yard. And that is allowed under Section 10.8.3 of 13 the zoning ordinance because we're not asking to expand 14 the nonconforming of the house. 15 Combined the requirement is the two side yards 16 have to exceed 30 feet. And we've got 93.74 feet in 17 width. So we comply there as well. 18 The rear yard, the house is 6 feet from the 19 rear yard. And that is again a nonconforming that is 20 allowed under Section 10.8.3. 21 The parking lot is set at 30 feet, which is 22 also -- which is the minimum. So we comply there. 23 Lot coverage is -- can be no more than 30 24 percent of the buildings; and ours is 8.7, so we're EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 10 1 well under that requirement. 2 Floor area ratio requirement is .3. And again, 3 ours is .08. 4 The maximum height is 35 feet. We're two and a 5 half stories, like it is in residential district. Ours 6 is 17.1. So we're well under there as well. 7 With regard to staff's comments, there were a 8 number of comments that were provided. With regard to 9 engineering there was a question about the flood plain. 10 We've specifically moved -- currently there's a 11 driveway on the north side. We moved that away from 12 the creek so that we wouldn't have to worry quite so 13 much about potential of flooding. Although with the 14 all the terrible floods that we had last week, the 15 creek never even came close to our property. 16 All of the space is above flood elevation. We 17 also understand, so you know, we're meeting with the 18 County storm water people on the 13th of September. 19 And we understand that there will be a condition 20 according to approval that we have to comply with the 21 County. 22 Then with regard to the other engineering 23 comments, those were really all covered in the plan -- 24 the village planner's comments. So I'll address those EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 11 1 next. 2 The Testa memo, first they go through a number 3 of different issues. And literally every one of those 4 we complied and Testa agrees. 5 The character of the neighborhood. We comply. 6 Site plan and architectural review. Comply. 7 Parking, we comply. 8 Signage, we comply. 9 Landscaping, we agree with Tom's memos -- Tom's 10 comments on landscaping. 11 Lighting, we comply. 12 Impervious surface coverage, we comply. 13 Lot size, yard area, lot coverage, FAR, height, 14 and lot size, we comply with each one of those as is 15 confirmed by staff. 16 So in conclusion, we ask that you consider 17 voting favorably for this to upgrade the property, to 18 give a little nicer look to the entryway to our Town 19 Center. 20 Also keep in mind we've got all these shrubs 21 that are along Winfield Road; going to prune those and 22 improve those as well. 23 So it's going to be a nice improvement to what 24 is currently there. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 12 1 And it will be good for the tax base, and the 2 property will be worth more without adding to any -- 3 adding any children to the schools' load. We comply 4 with all the requirements, and we ask very much that 5 you vote in favor of this. 6 As far as some housekeeping matters, the 7 exhibits for the application, we just ask to make sure 8 that the actual application that was submitted, which 9 was our June 18th letter and package, along with Bill 10 Barlow's June 20th e-mail, and then our response to 11 that e-mail which was dated June 27th, and then Testa's 12 two memos, our August 9th response, and also the 13 landscape plan, which was dated last Thursday, August 14 30th -- we ask that those all -- we ask that those all 15 be admitted as exhibits to our application. 16 And we are ready to answer any questions you 17 may have. 18 CHAIRMAN MORTENSON: Before we open up to the 19 public, Dan, I just wanted to ask you, it seems like 20 they've conformed to most of your requests. 21 Is there anything else outstanding that you 22 have questions about? 23 DAN WATSON: For the people in the audience, when 24 you -- new Plan Commission members, I'm Daniel A. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 13 1 Watson, principal of the engineering firm of Rempe 2 Sharp Associates, village uses as a consulting firm, 3 I'm also a licensed engineer in the State of Illinois. 4 The questions have been addressed. The first 5 question was the setbacks. And I'll leave that to you, 6 Mr. Savoy. Yes, the setbacks are not in accordance 7 with the zoning, and does that -- you know, it is 8 nonconforming. Mr. Savoy brought that up. It was 9 granted nonconforming. And the change of uses is going 10 to the variance. That is Mr. Savoy to answer. 11 As far as the flood plain, moving the driveway 12 over, the flood plain elevation is 715.4. Basically 13 goes in the front of the building -- I'm sorry -- to 14 the east side of the building and then it comes west 15 about 20 feet from the sidewalk, following all the way 16 through here. 17 So before he gets any permits to do any work, 18 this will have to go in front of department of 19 environmental concerns for special management for 20 working the flood plain. 21 The last issue is the flood plain ordinance. 22 The storm water management ordinance of DuPage County 23 also requires all usable space in a new building, added 24 to existing building or existing building in a flood EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 14 1 plain undergoing a substantial improvement be elevated 2 at least 1 foot above the base flood elevation. That 3 would mean work would have to be done all around front 4 here to elevate it. 5 The catch is substantial improvement. 6 If he spends more than 50 percent of the cost 7 of the existing building, I don't know if they have to 8 consider that a substantial improvement, but no matter 9 what he spends, you need to keep track that and 10 consider that 50 percent mark. He's got to do that 11 flood proofing in there. 12 That's why in my letter I asked for the costs 13 of the improvements; which I have not gotten. 14 Any other questions engineering-wise? 15 CHAIRMAN MORTENSON: Questions for Dan? 16 No? 17 Thank you. 18 At this time is there anybody in the audience 19 that would like to speak -- Carri. 20 CARRI TULLIER: I have something real quick before 21 the audience speaks. 22 Mr. Savoy was not able to make it to the 23 meeting tonight. I did speak with him earlier today in 24 regards to the setback issue. And he said because it EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 15 1 is an existing setback, that a variance is not required 2 because they are not making it any worse. The only 3 issue he said is that if it were to burn down or 4 somehow it was destroyed, they would not be able to put 5 it back in the same place that it was. 6 But that would be the only issue. They could 7 ask for a variance so that they could replace the house 8 in the existing spot, but they don't need to. 9 CHAIRMAN MORTENSON: All right. 10 I'll ask a question. 11 When they actually stand up -- is there anyone 12 that would like to speak tonight in regards to this 13 issue? 14 Yes, sir? 15 Ma'am, you'll have to give your name and 16 address be sworn. 17 JOAN KAUHL: Kauhl, K-a-u-h-l, Joan. 0 S 242 18 Church Street, right at -- right kitty corner from this 19 property. 20 (WHEREUPON, the witness was duly 21 sworn.) 22 JOAN KAUHL: Yes. 23 This looks great. 24 The question a lot of people have is do you own EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 16 1 the property across from this on church? 2 Next -- and next to that the screwed up -- who 3 has a contractor -- or had a contract, and he promised 4 to buy that property. Meaning two lots there, these 5 are two lots, that's four. 6 What does he plan to do with those two lots; 7 add this to this? 8 CHAIRMAN MORTENSON: We'll answer all the questions 9 after -- at one time at the end. 10 JOAN KAUHL: And this is I think a main concern 11 that they're going to expand to those two lots going 12 from Winfield to Church. Which was the old program 13 that we all voted -- didn't want. 14 CHAIRMAN MORTENSON: Okay. 15 JOAN KAUHL: And how many offices? 16 He didn't state how many offices in the 17 building. 18 CHAIRMAN MORTENSON: Okay. 19 JOAN KAUHL: And is he going to provide the 20 landscaping on this -- the back end of the property 21 where the homes are? 22 CHAIRMAN MORTENSON: Okay. 23 Yes, sir? 24 MARK ERICKSON: Mark Erickson, 0 S 251 Winfield EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 17 1 Road. 2 (WHEREUPON, the witness was duly 3 sworn.) 4 MARK ERICKSON: I do. 5 My property is exactly adjacent on the southern 6 boundary. 7 Everybody's been driving up and down Winfield 8 Road the last 20 years knows that the property before 9 he bought it was really going into disrepair. So I 10 think what they propose here is a significant 11 improvement not only from the curbside visual but for 12 the use since right now it's sitting vacant. 13 Like I said, I border to the south, so I 14 endorse what they want to do. And I think basically 15 what they're proposing is both attractive and 16 definitely in keeping with the use on that side of the 17 road and even across the street. 18 The only thing I would mention as a question 19 that I would have a concern being directly to the south 20 is the parking lot that's -- the new parking lot 21 proposed is very close to my boundary. My property 22 sits lower than both that -- both those areas. 23 So my concern would be I want -- I just want to 24 make sure that when you give approval that the EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 18 1 engineering is devised in a manner that when the water 2 runs off the parking lot, it doesn't run into my 3 property, it's basically channeled properly into the 4 sewer. 5 Other than that I think it's a good proposal. 6 CHAIRMAN MORTENSON: So just so I have it straight, 7 you're the next door neighbor? 8 MARK ERICKSON: Directly south of that property. 9 I'm in between the library parking lot and 10 Mr. Pointner's property. Same side of the street. 11 CHAIRMAN MORTENSON: Thank you. 12 Anybody else like to speak tonight in regards 13 to this subject? 14 Yes, ma'am? 15 SUE RIGSBY: My name is Sue Rigsby, R-i-g-b-e-y, 16 0 South 403 Winfield Road. 17 (WHEREUPON, the witness was duly 18 sworn.) 19 SUE RIGSBY: I do. 20 Couple questions. Wondering if we have a 21 particular business that is going in. And as he 22 already mentioned, is it just one business, or more 23 than one? 24 Some of the other questions that I have are the EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 19 1 hours of operation, number of employees -- parking 2 spaces were mentioned; but my question would pertain to 3 the particular type of businesses and how many 4 customers per day would be there. 5 Signage. Scott mentioned that it -- it was in 6 the -- following the guidance, but I don't know what 7 type of signage that is. So officially would like a 8 description of that. 9 And some of these have been answered already. 10 Has there been any kind of a traffic study done 11 at all? 12 I know we're looking at -- it sounds like 13 limited amount of extra people. But since I don't know 14 what kind of business it is, it's kind of hard to 15 understand exactly what kind of an impact that would 16 have. 17 And the vacant lot to the south, is there 18 anything in conjunction with this being proposed there, 19 or is it proposed to remain vacant, or what are the 20 plans there at this juncture? 21 That's the only questions I had. 22 As far as the actual landscape plan and the 23 pruning of the trees and sprucing that all, that all 24 would suit me. Definitely an improvement there. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 20 1 But lot of questions to be answered. 2 Thank you. 3 CHAIRMAN MORTENSON: Yes, ma'am? 4 PATTY WEBER: Patty Weber, 0 N 065 Jefferson 5 Street. 6 (WHEREUPON, the witness was duly 7 sworn.) 8 PATTY WEBER: Yes. 9 I'm in favor of this. It's much needed in 10 Winfield. We -- we need this. 11 Currently the property's been on the market. 12 It hasn't sold. It's an eyesore. 13 I think the Village missed the boat big time 14 when they didn't approve Pointner's last project. So. 15 We need this. We need this for taxes. We need 16 this for the beautification. We need this for the 17 business, to get going in Winfield. 18 So it would be very wise to approve this. 19 CHAIRMAN MORTENSON: Anybody else like to speak -- 20 yes, sir, in the back? 21 RICK BURGIS: Rick Burgis, 0 South 415 Winfield 22 Road. 23 (WHEREUPON, the witness was duly 24 sworn.) EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 21 1 RICK BURGIS: I do. 2 Just -- I have children that are in this area, 3 and I walk by that property quite a bit. 4 I know it was mentioned that they don't have 5 water issues. During the last storm -- albeit, you 6 know, the tornado of 50 years -- I sat and watched 7 water go in there. So I don't know where they decided 8 that that never happened, but I sat there and watched 9 the water come up over the side and go into that 10 property. 11 That being said, I don't know if it has 12 foundation issues. It does have foundation issues, is 13 that going to be disclosed to us if this is approved; 14 and if they have to fix the foundation, is that whole 15 house going to be torn down and moved somewhere else? 16 If that happens, are we going to come back in 17 front of this board? 18 You said they can't tear the house down and put 19 it back where it belongs. If it has foundation issues, 20 significant problems because of this water damage, 21 being next to the -- you know, whatever -- I don't know 22 if you walked by during the day, but I see cracks in -- 23 in the side of the house. 24 So I'm assuming there probably might be. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 22 1 What's -- what's the protocol for foundation 2 fixing? 3 You know, if he has to move something, if he 4 has to fix something, you're disturbing the ground 5 which -- you know, the engineer could tell you more 6 about that than I can. But if he's doing substantial 7 work, is what I've been told, my first question is 8 substantial work is part of property value, I think -- 9 or is it house value? 10 If it's property value, you know, we ourselves 11 have called the Village to complain about the limbs 12 hanging over the drive -- the sidewalk and our kids 13 keep walking near the street to get around it. 14 So I don't know if that's going to be taken 15 into account. Because if you don't prune them 16 regularly, all those bushes in front are probably going 17 to have to be ripped out. 18 You know, I know for a fact that just looking 19 at them after they trim them, half of them are bare. 20 So there's no real eye appeal, if you will, to dead 21 bushes up front. 22 You know. I don't care if, you know, if 23 they're going it take them out and replace them. 24 That's fine. I'm all for beautification of Winfield, EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 23 1 believe me. 2 The second thing I had to ask is nobody has sat 3 and told me what the tax difference is by having a 4 business versus a residential in there. 5 If it's a tiny rate but it's going to cause a 6 big issue with, A, now I'm going to have to worry about 7 cars driving in and out while my kids walk down that 8 side of the road -- because I don't know if you guys 9 know this, but there's only one side of the street has 10 a sidewalk. And it's the side we're developing for 11 more traffic. 12 The library comes in off Sunnyside. 13 The gentleman that spoke earlier, I've never 14 even seen a client at his house. I hope his business 15 is doing okay, but, you know -- 16 MARK ERICKSON: Doing fine, thanks. 17 RICK BURGIS: It's not a concern to me, because I 18 have never seen a car there. You know, when it is, 19 it's parked all day. 20 So the question is, you know, back to some of 21 the questions here is, what kind of business is it? 22 Is it a real estate office? Well, that entails 23 in and out a lot. I know they put miles on their cars. 24 Is it a chiropractor? EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 24 1 If it's a chiropractor, is it a 2 multichiropractor facility? 3 Because that can be higher volume. 4 You know, things like that concern me because 5 my kids walk across those five pavers if cars come by. 6 That's my only issues. 7 As I said, the tax difference I have a problem 8 with. You know, when -- and if a problem occurs, if 9 they -- you know, if the board does approve this, and 10 we find out that there is significant damage, you know, 11 to the side of the house that is exempt because it was 12 already variance grandfathered in, or whatever, is that 13 going to be redisclosed and rebrought back here if they 14 have to move this house? 15 Because that would move the parking lots, that 16 would move the -- everything. 17 So thank you. 18 CHAIRMAN MORTENSON: Yes, sir? 19 BRUCE DERBY: Bruce Derby, 0 S 230 Winfield Road. 20 (WHEREUPON, the witness was duly 21 sworn.) 22 BRUCE DERBY: I do. 23 I live directly across the street from 231. 24 And I'm quite familiar with the house because I looked EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 25 1 after Mrs. Durak for a number of years. 2 I have two concerns. First of all, the parking 3 lot that is being proposed, as I understand it, is 4 going to be adjacent to the one the house south of 5 this -- the lot. 6 The big factor is the traffic. Winfield Road 7 during the business hours is terrible. You can't get 8 out of your drive. I never go north to get out of the 9 drive, I always have to go south. 10 Any more business along that stretch is just 11 horrendous. 12 I have another concern regarding the sewage 13 system that supplies the house. 14 Now, that sewage system was put in years ago, 15 and it's connected up over on Church Street. There's a 16 floor drain in the basement, right at the entrance of 17 the basement door. 18 Nobody knows where that water goes. 19 I think some of these things should be 20 considered before any -- any more is done. Even 21 selling the house. 22 Thank you. 23 CHAIRMAN MORTENSON: Is there anyone else tonight 24 that would like to speak in regards to the subject? EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 26 1 Yes, sir? 2 JAMES RIGSBY: James Rigsby, 0 South 043 Winfield 3 Road. 4 (WHEREUPON, the witness was duly 5 sworn.) 6 JAMES RIGSBY: I do. 7 A question I have is -- after this gentleman's 8 kind of -- restarted my memory on this, is given the 9 age of the existing property and interspersed in around 10 the town we still have a great many properties that are 11 well and septic. 12 Is this on city sewer and water, or is it well 13 and septic; and is that going to change? 14 What -- what impact is there also with this 15 parking lot plan? 16 Because if there is a septic field, is this 17 going on top of an existing septic field that's being 18 planned for use? 19 That's really the only question I have. 20 Thank you. 21 CHAIRMAN MORTENSON: Are there any other questions 22 tonight regards to this subject? 23 Yes, ma'am? 24 MARY KATE HANLOCK: Mary Kate Hanlock, 27 W 467 EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 27 1 Sunnyside. 2 (WHEREUPON, the witness was duly 3 sworn.) 4 MARY KATE HANLOCK: I do. 5 Sorry I'm here again. 6 First of all, I thought this was all addressed, 7 and I thought that we came to an agreement we're going 8 to put residential houses up. 9 So I'm very disappointed to hear that we're 10 back in addressing business. So I guess I'm going to 11 start with some of the comments that have been said. 12 Yes, there is a business next to this house. 13 In the old -- I believe there were -- the people used 14 to live there were the King family. 15 Where do these people all park? 16 I consider that I have called the police 17 department numerous times -- it hasn't been lately, so 18 I do apologize for this comment. But there is not 19 sufficient parking in that house, so they park on the 20 side streets. 21 The police department said there's not a thing 22 they can do about it. I can't get out of my driveway. 23 All right. With that said, you're going to put 24 additional parking up at this house. With the recent EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 28 1 flooding that we just had -- that house does not have a 2 paved driveway. You put in a paved driveway and some 3 sidewalks, it's going to take up more drainage area. 4 And I know and understand you got to put in a 5 driveway somewhere. Okay. I understand this. 6 Now you're going to put in a parking lot. 7 You're taking up more grass space, more place 8 for that water to go. 9 Just with this -- and I will say that this last 10 storm that we had, we've had worse. 11 The library was flooded out. The gazebo, the 12 water was up to the bridge, that little bridge that 13 they put in. It was almost all the way to the gazebo, 14 up to the steps. 15 You had -- I went down to Summit, and the man 16 who lives on the corner of Summit, that water I've 17 never seen it that high in my life. And I've lived in 18 this town since I was 7 years old. 19 It was -- I'll say luckily his house is on a 20 bit of a hill. So if it had gone 6 feet more, he would 21 have been under water. He's quite a large back yard. 22 Doing more construction, more building, putting 23 less places for the water to drain is affecting 24 everybody from Roosevelt Road all the way down through EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 29 1 Beecher. Beecher was flooded. I went to the back 2 yards of the people to look and see what was in their 3 back yards. And definitely it was under water. 4 I don't see how we can afford to put more 5 parking in and take up more of our grass area when we 6 can't afford it. There is so much flooding now. 7 That house is on top of the hill. That water's 8 going to run down that hill, it's going to go past the 9 business next door, it's going to dump on the library 10 parking lot and eventually be in my front lawn. 11 What are we going to do? 12 We're going to put it in the creek. We're 13 going to send it to the river. 14 The river Kant handle it. The creek, like I 15 said, was up to that little bridge. 16 That's high for that creek. 17 The trees that are on the side in the park were 18 under water, under ground by 6 to 8 feet. 19 So now we go back to -- I had a few other 20 comments here. 21 When you put in business, and you do address 22 the traffic, I have seen Winfield Road backed up to 23 Cantigny when those trains go through. 24 I like to go to Geneva Road. For me to get to EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 30 1 Geneva Road from my house, I go County Farm. Why do I 2 go County Farm? 3 I have a few lights, but I know that I'm going 4 to get under the bridge and up to Geneva Road without 5 waiting for the train. 6 How many times have you seen a train? 7 The other day I was there and the train was 8 literally stopped. 9 I worry about the hospital. How are they 10 getting the ambulances over there? 11 I don't think we can -- I don't care if you've 12 got a small business with six and eight people coming 13 to it. You've got the children, which has been 14 addressed; you've got the traffic that backs up to 15 wherever. 16 It cost you over almost $200,000 just to do the 17 street between Winfield Road and Church, to do that 18 little bit of Sunnyside. And you had another $12,000 19 to dot sidewalk, if I remember my figures correctly. 20 So who's going to pay to widen Winfield Road? 21 Who's going to pay to widen the railroad 22 tracks? 23 Where is all this Town Center money coming 24 from? EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 31 1 So in conclusion, I'd just like to say I'm very 2 disappointed. I really thought that we had addressed 3 this, that we were going to go to do -- look at 4 residential homes. At least that was the feeling that 5 I was left with at the meeting. 6 I have asked several times when I have gone to 7 some of the other village meetings -- probably not on 8 record but to individual people on the board -- can 9 this issue come back up to put businesses in, 10 blah-blah-blah. And I was told that once it was 11 addressed and once it was like voted down, that it 12 should stay with the final decision that was made. 13 So now here we are again. 14 The thing that I worry about is, okay, this 15 time you say no, next time you say no. 16 But what happens when you sneak it through? 17 Just like when you want to put a referendum 18 through and increase our taxes. They put it through, 19 they put it through, they put it through. Pretty soon 20 the people aren't out voting, and look it, it passed by 21 two votes. Wonderful. When originally it was voted 22 no. 23 Why are we addressing this again? 24 I don't understand. I thought we said we EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 32 1 weren't going to do this. 2 So I'm very extremely, extremely disappointed 3 that we're here addressing this again. 4 Thank you. 5 CHAIRMAN MORTENSON: Anyone else tonight like to 6 speak in regards to this issue? 7 Talk -- I need to go first whoever -- 8 Anybody else who would like to speak tonight on 9 this issue? 10 Okay. Normally we allow one time per person; 11 but it's a smaller group, and we do want to hear from 12 everybody. 13 Kind of like a rebuttal question or whatever. 14 But if anybody didn't -- does want to make a second 15 comment, because it's such a small group tonight, we 16 will allow it this time. I know you want to make a 17 comment. 18 JOAN KAUHL: Joan Kauhl, you have the address. 19 What concerns me -- and I didn't think about 20 it -- the construction of the house. It was told to me 21 a couple years ago that it was so bad that it has to be 22 demolished -- that the structure. 23 So -- can't you get someone from -- an engineer 24 or someone, structural engineer from the Village, to go EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 33 1 and check it out before you do any approving? 2 Or disapproving. 3 That's it. 4 CHAIRMAN MORTENSON: Yes, ma'am? 5 PATTY WEBER: Patty Weber. 6 Another round of thoughts. You know, it seems 7 like anytime anyone wants to do something, oh, the 8 traffic's it's to cause in Winfield. 9 I have three small children, 7, 5 and 3. We 10 love Winfield. We love the small-town feel. 11 But you know what? The taxes are high. And 12 vacant lots have been on the market for a couple years 13 that nobody wants to buy and develop, and the 14 residential houses are not helping us. 15 So you need to think forward, okay, and -- this 16 is great. You're taking existing structure, not asking 17 to develop -- I'm getting passionate here and -- 18 they're not asking for this humungous development. 19 They're taking an existing structure, make it 20 beautiful, bring it up to code, I'm sure, with 21 everything, and help our taxes and help business along. 22 Show that the children of Winfield, you know, can grow 23 up in a nice family-child-friendly place instead of 24 this place that has astronomical taxes that really EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 34 1 doesn't have anything to show for it. 2 CHAIRMAN MORTENSON: Yes, sir? 3 JAMES RIGSBY: Couple things, actually, by virtue 4 of the discussion. 5 I -- I think it's fair to also say that, you 6 know, we are looking at an attempt of a project to 7 improve a plot of land and do some beautification. I 8 think it's fair to say, though, that folks that are in 9 possession of the property had it for some time and 10 really been nothing stopping them from making any 11 improvements and improving the looks and the safety of 12 the property as it is itself. 13 That's just a comment. 14 A question I have is by virtue -- we have down 15 the road, if this is granted -- does it establish some 16 kind of a building for this to roll into a permanent 17 commercial property, or would there have to be another 18 hearing for that to occur? 19 Is there a time period that if a property 20 operates under this kind of a special-use permit, does 21 it automatically become a commercial property? 22 My inexperience in these matters, you know, 23 these are just questions that are coming up. 24 And also, will there be any kind of a figure EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 35 1 established for any kind of infrastructure improvement 2 by -- again, to accommodate this special use that the 3 Village is going to have to bear the burden of a cost? 4 Thank you. 5 CHAIRMAN MORTENSON: I realize that I've kind of 6 opened Pandora's box. And everybody's who talked is 7 now wanting to talk again. I realize that's just not 8 going to -- that just can't happen. We don't have time 9 for that tonight. 10 I would like to -- in the effort of time, I 11 would like to ask Mr. Pointner to respond to the 12 questions that were asked. 13 SCOTT POINTNER: Okay. I will try and get 14 everybody's questions. There were a number of 15 overlaps, so I will do the best that I can. 16 Feel free if you guys need to go. Okay. 17 First question. Do we have any plans to add 18 this to some bigger project? 19 No, absolutely not. The properties are for 20 sale, they have been for sale for a year. And over the 21 past year nobody has shown any interest. And so we're 22 trying to do something with the property. And in order 23 to get that to happen, we need to improve the property; 24 and by allowing this limited office use, we will EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 36 1 hopefully allow us to have more of a market so that 2 somebody will come in and buy the property. 3 So the answer is no, we have no interest in 4 revisiting last year. 5 The next question was what about a expansion. 6 And if you look and take the time -- I 7 recommend -- take the time and look at the limited -- 8 all of the restrictions that are built into the zoning 9 ordinance for this. 10 If we change much of anything, we have to go 11 back to the board, or we lose the special-use permit. 12 So it's very limited as to what can happen. 13 Any expansion basically sends it back for 14 review of permits. So the answer is no, there can't be 15 any expansion. 16 How many offices would be in the building? 17 It depends. There's -- in my mind, there's 18 probably room for four offices, probably more like 19 three and maybe some sort of a -- an open area. 20 Next question was landscaping on the back. And 21 I invite you to look at the landscaping. We're 22 basically keeping all of these tree lines back here and 23 improving them. So we're not taking out any tree lines 24 or landscaping back there. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 37 1 The next question was Mark's question about 2 engineering and runoff coming to the south. Those are 3 all issues that will come at the building permit stage 4 when we ask the Village for building permit to do the 5 parking. 6 Right now all we're asking for is the special 7 use. That is a building permit issue, and we will be 8 taking care of that, working closely with Village 9 engineer on that. 10 Next were a number of questions about the 11 specifics. Do we have a particular business; what are 12 the hours; what are the numbers of employees? 13 That we -- we had initially come forth with a 14 proposed user for this, but the process went too slow 15 and we lost him as a potential user. 16 So what we are proposing is -- is, as it is 17 written in the application, to continue with the 18 restrictions that we were proposing. No more than six 19 employees daily, no more than eight as a maximum 20 parking need for the property. 21 So we're -- we're not -- we're not asking it to 22 be open-ended. We would lose the special use if that 23 goes beyond those numbers. 24 So the -- again, the zoning ordinance has those EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 38 1 things built in to protect against some of the concerns 2 that you may have. 3 There was a question about the vacant lot to 4 the south. 5 And the property line basically cuts in through 6 here in the middle of the property (indicating). 7 So the house stays, and the vacant lot is what 8 we're going to have the parking pad on. 9 Next was a question that Rick had about water. 10 And -- and I -- I looked very carefully, and I'd love 11 for you -- you and I can go over there, and you can 12 show me where the water was. Because I looked and 13 looked and looked, and I didn't see any water coming 14 onto the property. So I look forward to talking to you 15 specifically on that. 16 I have seen this property for a lot, I have 17 never seen property -- water come onto that. Which 18 would essentially mean that the veterans' memorial 19 would be under water where the water gets to our 20 property. That I didn't see. 21 Questions about the foundation. 22 Again, this is at the special-use permit level. 23 So questions about the foundation, improving that, we 24 have to go in for a building permit to make those EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 39 1 improvements to the house. So when it comes to those 2 foundational issues, those will all be addressed at the 3 building permit stage. 4 But as far as your question about if -- if the 5 thing does go down, we have to follow the zoning 6 ordinance with regard to nonconforming structures. 7 Tax difference, Rick, I don't know exactly what 8 the tax difference is. But I can tell you that if you 9 look and see how many single family residential homes 10 have sold this year in Winfield, the number is very, 11 very, very low. And so property values in Winfield are 12 certainly not strong right now. And with the type of 13 use we're proposing, the tax base would be improved. 14 Traffic, I ask you to consider the fact that 15 currently we could build -- if somebody wanted to, 16 maybe not even feasible -- could build two single 17 family homes, one on the north lot, one on the south 18 lot. 19 The amount of traffic we're proposing and 20 agreeing upfront to limit it to no more than six 21 trips -- I'm sorry -- a maximum of six parking needs 22 per day, and six employees at any given time, that's 23 far less than you're going to find from two single 24 family residential homes. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 40 1 With regard to sewage, the property is 2 connected to the Village sanitary lines. And again, to 3 get an occupancy permit, we have to go through an 4 extensive discussion and proving with the city -- with 5 the Village that we comply with the building code. 6 Again, this is the special-use permit stage, 7 not that stage. All of those issues, I promise you, 8 will be addressed. 9 With regard to parking, we comply with the 10 ordinance. With regard to storm water, we're meeting 11 with the County; and we have no choice, we have to 12 comply with the County storm water people and make sure 13 that we comply, or else we don't get the certificate of 14 occupancy. 15 And again, any of the storm water issues will 16 be addressed at the building permit stage. 17 I again want to remind everybody that these 18 properties are for sale, they've been for sale for over 19 a year. Nobody is interested. And we're trying to 20 improve this so that we can sell the properties and get 21 out. 22 And again, I'm not the owner; we're the 23 contract purchasers. 24 With regard to the use, there is not a single EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 41 1 single-family residential use on that side of Winfield 2 Road between Sunnyside and Beecher. It is much more 3 appropriate for those to be a nonsingle-family use. 4 And again, this is such a limited office use 5 that it is very appropriate for that area. Especially 6 given the fact that that block is surrounded by the 7 library, by St. John's, by gas station, dentist office, 8 schools. 9 So this limited use is very much akin to and in 10 line with those uses. 11 There was a question about whether this would 12 be precedent -- potential precedent for it to be a 13 permanent commercial property. 14 And the answer to that is -- is actually no; 15 and it's in fact the reverse. 16 If we discontinue in any way and try and have 17 somebody else new in there, we have to go back to the 18 Village. So it will be very difficult to maintain this 19 under the limitations that are within the ordinance. 20 Again, we're asking for office use, which is not 21 commercial use. So it's just limited office use. 22 I believe those are all of the questions and 23 issues raised. And again, thank you very much. 24 CHAIRMAN MORTENSON: Do any of the commissioners EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 42 1 have any questions? 2 No? 3 Jay? 4 MR. OLSON: Yeah. How many rooms -- square footage 5 on the house is listed at about 1700 square feet? 6 SCOTT POINTNER: Technically I think it's about 7 1750. But for purposes of just going from the 8 externals, we're going -- for parking purposes we're 9 considering it 1861. 10 MR. OLSON: Okay. And how many rooms are actually 11 in that house? 12 SCOTT POINTNER: Depends on what you would consider 13 a room. In essence there are three sort of enclosed 14 rooms, and then there's one larger room. And then 15 there are two small bathrooms and there's a porch. 16 MR. OLSON: So is that three bedrooms -- 17 SCOTT POINTNER: Basically three bedrooms and a 18 living room. There's a little kitchen area and two 19 small bathrooms. 20 MR. OLSON: One of the code requirements is that 21 you can't change any of that stuff. You can't change 22 any of the internal stuff. The -- because in order to 23 be granted a special use as this office, you have to 24 maintain the interior floor plan such that it could be EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 43 1 converted back to a residence without modifications. 2 SCOTT POINTNER: The zoning ordinance does provide 3 for that, but that doesn't mean we can't -- we have to 4 make sure that the internal plan is compatible with 5 those so that they can be reconverted back to a 6 residence. So for example, a -- an office -- one of 7 the bedrooms currently is basically what we would -- 8 someone would use an office for, a private office. So 9 basically we're not changing any of that. 10 And yet at the building permit stage, according 11 to the zoning ordinance, we would be allowed to do that 12 so long as the conversion would not make it 13 economically infeasible to convert it back to a 14 residence. 15 So that doesn't mean you can't change things, 16 just means you can't change them to such an extent that 17 it's economically not feasible to return it to a 18 residential unit. 19 MR. OLSON: You're a contract purchaser of the 20 property? 21 SCOTT POINTNER: Yes. 22 MR. OLSON: What to you intend to do with the 23 businesses? 24 Are you going to lease? EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 44 1 SCOTT POINTNER: We're hoping to sell the property 2 as soon as we can. But worst case scenario, if nobody 3 is -- still wants to buy, we will do it -- we would 4 lease. 5 MR. OLSON: You would be a landlord. 6 SCOTT POINTNER: Yes. 7 MR. OLSON: Does a potential sale have to come back 8 here? 9 If the ownership of the property has to come 10 back here, does the special use go away? 11 ATTORNEY ELLIOTT: No. 12 MR. OLSON: No? 13 I'm -- I am concerned that we have haven't 14 identified what kind of businesses are going to be 15 here. And the number of potential customers and those 16 types of things. 17 I am -- I -- I agree that the uses as defined 18 by our village code are acceptable uses for this area. 19 But again, when we've had to act on a special use for 20 an office in a residence, we've -- we have all -- at 21 least my experience is we've always known what the 22 business was going to be. So we -- so we, you know, 23 had a vision of, you know, there was an insurance 24 company there or a -- whatever other experience. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 45 1 We really are expecting an office building 2 here. You know, you're building something, and we 3 don't know what the uses -- what exact uses are going 4 to be in. A special use to me applies some level of 5 understanding what -- what actual specific use it's 6 going to be. 7 SCOTT POINTNER: In an ideal world I would love to 8 be able to tell you that it was our potential 9 purchaser. But in lieu of that, with regard to the 10 plan -- special-use permit standards, our proposal for 11 keeping in with the limitations on number of people and 12 number of employees, uses, those are all consistent 13 with the issuance of a special-use permit. 14 So I agree with you whole-heartedly, I would 15 like that. But that should not be a reason to deny the 16 special-use permit. Especially in the Illinois Supreme 17 Court standards, such as the Living Ward Case, Chicago 18 Heights -- City of Chicago Heights versus Living Word 19 Church is an Illinois Supreme Court case that addresses 20 special use permits and under what conditions a 21 municipality or county could deny a special-use permit. 22 So I agree with you whole-heartedly that in an 23 ideal world we would like that. But given the limited 24 uses -- and also given the limitations that were EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 46 1 provided -- or agrees to upfront, which are not a part 2 of the ordinance, it's proper to go ahead with the 3 special-use permit looking at the standards that are -- 4 MR. OLSON: In your proposal there's nothing about 5 signage. 6 It's just going to be a moderate sign? 7 SCOTT POINTNER: We have to comply with -- whenever 8 somebody does want a sign, if there's a specific 9 request for a sign, we would be in full compliance with 10 the sign ordinance. We're not asking for any changes 11 or variations to the requirements of the village code. 12 MR. OLSON: And lighting? 13 SCOTT POINTNER: Lighting, same thing. 14 Regarding -- it's all going to be residential type of 15 lighting. And Testa's memo that reconfirmed that that 16 is appropriate for the area. In fact, it complies with 17 the specifics of the ordinance. 18 MR. OLSON: Flood plain, question for Dan. 19 Is there any -- any possibility that detention 20 would be required for these two lots? 21 DAN WATSON: Not on that small property. It has to 22 be greater than an acre before it's required. 23 The other issue is flood plain -- the other 24 issue is the flood plain, which would have to be EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 47 1 addressed at the County, before they put the driveway 2 in or any of their improvements. 3 MR. OLSON: Do you have any concern about traffic? 4 DAN WATSON: For such a small office with a few 5 number of employees, trips generated, I mean, minimal 6 to creating traffic problems on either Winfield Road or 7 Beecher or Winfield Road or Roosevelt Road. When 8 considering level of service. 9 They might, when traffic is backed up, have 10 trouble getting out. The train backing up, that's an 11 internal problem. That's not hurting the level of 12 service on Winfield Road. 13 MR. OLSON: Okay. That's all I have. 14 CHAIRMAN MORTENSON: Next? 15 MR. DOPPER: Nothing right now. 16 CHAIRMAN MORTENSON: Dee, any questions? 17 MS. THOM: Has an inspection been done on the 18 property? 19 Building inspection? 20 SCOTT POINTNER: No; we haven't asked for a 21 building permit yet. 22 MS. THOM: Because the sewer issue seems to be an 23 issue. And the foundation, someone else brought up the 24 foundation. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 48 1 Otherwise the building looks beautiful. I 2 think the landscaping that you presented is nice. 3 I looked at your topo. I'm concerned that 4 you're a few degrees on the north end -- that you 5 need -- you need that -- the degrees in order for 6 adequate drainage for the house. But however, 7 according to your letter from Mr. Watson -- correct? 8 DAN WATSON: Right. 9 MS. THOM: -- No. 4, the west 25 feet of the 10 property and the northwest corner of the property and 11 building are in the flood plain. The installation of 12 the new driveway and parking lot through the flood 13 plain would require review by DuPage County for the 14 special management flood plain areas. The flood plain 15 elevation is 715.4. And I see according to your topo 16 you're in 713 in a couple areas. 17 That's the only concern that I have is your 18 neighbors. Okay? 19 Your runoff from your house is going to 20 overflood your neighbors. I just don't want to see 21 that to happen. 22 That's -- that's my concern. 23 DAN WATSON: I can address that. If they do any 24 fill in the flood plain, they will have to do EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 49 1 compensatory storage one and a half times. 2 So in all reality, the driveway is going to go 3 in lower than the existing ground. 4 MS. THOM: And for drainage in the driveway you 5 might want to consider in the future -- and discuss it 6 with your client of course -- maybe the possibility of 7 a French drain. Just think about it. 8 DAN WATSON: When they come forward with a building 9 plan they will not be allowed to have any of the 10 drainage go on the neighbor. It would have to go into 11 the public storm sewers out in front. 12 MS. THOM: Elevation is speaking for itself, 13 though. Take a look at the topo a little closer. It 14 has obvious -- the house is at 720. Okay? 15 And on the north end you're at 713. 16 DAN WATSON: Is that is -- 17 MS. THOM: That's the way it is right now. So if 18 you're having complaints of water, it's probably from 19 the people that are on that side of the property. 20 DAN WATSON: When they come forward with the 21 building plan, they will also have to have a grade plan 22 for building and parking lot. At that point with the 23 grading ordinance the Village now has in place, you're 24 not allowed to let that water drain onto neighbor's EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 50 1 property. 2 MS. THOM: No problem. 3 MR. CLARK: I thought on the special use of offices 4 there was a limitation for hours of operation. 5 Did -- hours of operation? 6 Is there limitation on hours of operation? 7 I was just kind of leafing through, couldn't 8 find that. 9 CARRI TULLIER: There isn't on this one. I know 10 that in the -- in one of the prior special uses that we 11 granted that was a restricted office we did implement 12 an office hours that they could -- that could they 13 could be open. 14 If that's something that you would be 15 interested in doing with this one, that could easily be 16 done as well. 17 ATTORNEY ELLIOTT: You're entitled to make 18 recommendation as to reasonable conditions for the 19 granting of a special-use permit. Which could include 20 hours of operation. 21 MR. CLARK: Would that be a problem? 22 SCOTT POINTNER: I'd certainly prefer not to have 23 it given the fact we don't know exactly who's going to 24 be there. Given the fact that the types of uses -- EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 51 1 lawyers, accountants, engineers, those kinds of 2 things -- I'm thinking if somebody is in there, in 3 their office space, working late at night -- I know I 4 work late at night far too many nights -- and that's 5 not the type of thing that would be anything 6 significantly different than if somebody were to put 7 two houses there and have teenagers coming in and out 8 at all hours. 9 I would prefer not. And I think the 10 limitations on the types of uses I think will take care 11 of that. Especially given the fact that is on Winfield 12 Road, this is not tucked away in some unprotected 13 neighborhood right off -- or it's close to the gas 14 station, school, dentist office, library, et cetera. 15 CARRI TULLIER: If I can add something. I believe 16 that the office hours that are on the other restricted 17 office that we use are open hours only. So they can 18 continue to use the office and work late at night if 19 they need to, they just can't be open to the public 20 during those hours. 21 MR. CLARK: All right. As far as the issue of not 22 knowing what the business is, the specifications that 23 you can have the type of offices that you can are 24 already spelled out. So I think that's kind of EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 52 1 limited. 2 And most of the experience I have in 3 commercial, there's a lot of speculation. You build 4 the office and then look for the tenants. They might 5 have a primary tenant, but for the rest of them, they 6 would be looking for tenants. 7 So I don't think that's a big issue as far as 8 what we're looking at here. 9 I heard some -- a number of references tonight 10 about taxes and how high they are in Winfield. I got 11 to say that the taxes in Winfield are actually very 12 low. I think if you -- I think what you're referring 13 to is the tax bill in general. 14 If you take a look at that, what's really the 15 driving factor is the school and some of the other 16 things. So it's not the Winfield tax base. 17 When you talk about the tax base of Winfield -- 18 DARSEY RANDALL: If I remember right -- 19 CHAIRMAN MORTENSON: Can't engage in a 20 conversation. 21 MR. CLARK: It's actually -- 22 DARSEY RANDALL: Stop him too. He's talking about 23 something, you're not allowing comment. 24 CHAIRMAN MORTENSON: Dennis. EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 53 1 DARSEY RANDALL: I also know parliamentary rules. 2 CHAIRMAN MORTENSON: Sir, I took care of it. 3 UNIDENTIFIED MAN: Good point, Dennis. 4 CHAIRMAN MORTENSON: Anything else? 5 MR. CLARK: No, that's it. 6 CHAIRMAN MORTENSON: Any other questions? 7 All my questions were answered. 8 We're going to move this for a vote on next 9 meeting. 10 Do I have a motion to close the public hearing? 11 MS. PEEBLES: So moved. 12 CHAIRMAN MORTENSON: Second? 13 MR. CLARK: Second. 14 CHAIRMAN MORTENSON: All in favor? 15 (A Chorus of Ayes.) 16 CHAIRMAN MORTENSON: Opposed? 17 At this time why don't we take a ten-minute 18 recess. 19 WHICH WERE ALL THE PROCEEDINGS 20 STENOGRAPHICALLY REPORTED ON THIS DATE. 21 22 23 24 EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com 54 1 STATE OF ILLINOIS ) ) SS: 2 COUNTY OF DU PAGE ) 3 I, CATHERINE A. RAJCAN, a Certified Shorthand 4 Reporter of the State of Illinois, do hereby certify 5 that I reported stenographically by means of machine 6 shorthand the proceedings had at the hearing aforesaid, 7 thereafter reduced to typewriting via computer-aided 8 transcription under my personal direction, and that the 9 foregoing is a true, complete and correct transcript of 10 the proceedings of said hearing as appears from my 11 stenographic notes so taken and transcribed under my 12 personal direction. 13 I further certify that my certificate attached 14 hereto applies to the original transcript and copies 15 thereof, signed and certified under my hand only. I 16 assume no responsibility for the accuracy of any 17 reproduced copies not made under my control or 18 direction. 19 IN WITNESS WHEREOF, I do hereunto set my hand 20 at Wheaton, Illinois, this 18th day of September, 2007. 21 22 Certified Shorthand Reporter 23 C.S.R. Certificate No. 084-002503. 24 EFFICIENCY REPORTING 630.682.8887 www.EfficiencyReporting.com