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WHERE HISTORY & PROGRESS MEET
Approved 12/1/20
MINUTES
PLAN COMMISSION/ZONING BOARD OF APPEALS
NOVEMBER 4, 2020 7:00 P.M.
1. Call to Order, Roll Call and Establishment of a Quorum
Chairperson Laimins called the meeting to order via “Zoom” at 7:00 p.m. Roll call found
Chairperson Laimins, Commissioners Hale, Kasprak, Dettman, Henkin, and _ ex-officio
Commissioner Banasiak present. Commissioner Faught and Devitt were excused. A quorum was
established. All members were participating through “Zoom”.
Staff in attendance through “Zoom” were City Planner John Sterrett and Community Development
Director Tom Dabareiner.
2. Chairman’s Comments
Chairperson Laimins stated that all votes would be by roll call and that all discussion on an item,
including the recommendation, would occur during the public hearing. Also, no new evidence may
be entered into the record during the hearings. Chairperson Laimins also stated that Mayor Pineda
has stated that in person meetings are not practical nor prudent at this time.
3. Approval of Draft Minutes of the October 6, 2020 Plan Commission Meeting
Commissioner Hale made a motion, seconded by Commissioner Dettman, to approve the draft
meeting minutes of the October 6, 2020 Plan Commission meeting. A roll call vote found
Commissioners Hale, Dettman, Henkin, Kasprak, and Chairperson Laimins voting in favor. With a
roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and the draft minutes of the
October 6, 2020 Plan Commission meeting were approved.
4. Public Hearing and Review of Case PC 20-16, Zoning Text Amendment
Commissioner Kasprak made a motion, seconded by Commissioner Henkin, to open the public
hearing. A roll call vote found Commissioners Kasprak, Henkin, Dettman, Hale, and Chairperson
Laimins voting in favor. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried
and the public hearing was opened.
John Sterrett, City Planner, 475 Main Street, West Chicago, IL 60185, was sworn in.
Mr. Sterrett stated that this is a Zoning Text Amendment proposed by City Staff to amend Article 8
of the Zoning Code which would delete Section 8.9 in its entirety and replace it with provisions
giving the Zoning Administrator the discretion to allow a discontinued legal nonconforming use to
resume on a property.
475 Main Street | T (630) 293-2200 | Ruben Pineda
West Chicago, Ilinois F (630) 293-3028 j Maver
60185 www.westchicago.org
| Nancy M. Smith Michael L. Guttman
| CITY CLERK CITY ADMINISTRATOR

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Currently, Section 8.8 of the Zoning Code allows nonconforming uses that were legally established
but no longer comply with the zoning district they are located in, to continue on the property
provided the use adheres to various requirements. These requirements include not intensifying the
use, not relocating the use, nor changing the use and also that the use never becomes dormant for a
period of at least 12 consecutive months. If this occurs, the legal status of the nonconforming use is
lost and the property must comply with the regulations in the particular zoning district.
Staff has seen situations arise recently with property owners who wish to continue a legal
nonconforming use that has been discontinued for longer than the 12 month timeframe. Staff has
seen cases where uses are discontinued for 18 to 24 months before the use can realistically resume.
Regardless of what the situation may be, even if it is outside the control of the property owner, the
use, nonetheless, loses that legal status after 12 months of discontinuance.
Some examples include a recent special use request that the Plan Commission heard in Spring,
dealing with 1201 Hawthorne Lane for outside storage, a two-flat residence in a single-family
residence district, and the Cascade Drive-in theater in the Estate residence district.
Staff is proposing the text amendment that would allow a discontinued legal nonconforming use to
resume on a property if it has surpassed the 12 month dormancy period. The Zoning Administrator
would have the discretion to approve the resumption of a discontinued use provided certain criteria
are met, including:
(1) The property owner, within thirty-six (36) months of the date of discontinuation, has
notified the Zoning Administrator in writing of the intent to resume the nonconforming
use.
(2) The nonconforming use was in operation for a minimum of ten (10) years prior to its
discontinuation.
(3) The resumed use shall not be intensified nor extended to occupy a greater area of land
than was previously occupied by the nonconforming use on the date it was
discontinued.
(4) The traffic, hours of operation, noise, and other operating characteristics of the
resumed use will result in no greater adverse impact on the neighborhood than that of
the nonconforming use prior to its discontinuation.
(5) No modifications or improvements shall be made to the property that will increase the
degree of nonconformity of the resumed use.
(6) Rezoning the subject property could result in an inappropriate spot zoning.
(7) The resumed use will not injure the value or usability of adjoining or abutting
property.
(8) The nonconforming use shall be resumed within twelve (12) months following the date
of approval by the Zoning Administrator. Failure to resume the nonconforming use
within this time period shall require the land to conform to the applicable district
regulations and no subsequent resumption may be considered for the nonconforming

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use. The Zoning Administrator, however, shall have the discretion to extend this
deadline.
The text amendment will also delete Section 8.9 in its entirety. This section outlines an amortization
schedule to eliminate nonconforming buildings, structures and uses based on the assessed valuation
of the building in question. This section has been enforced by the City just once which resulted in a
lawsuit against the City, in which the court ruled against the enforcement. Since then, the City has
not enforced the amortization schedule as a result of this court ruling and staff is therefore
proposing its elimination.
Without further discussion from the Plan Commission, Commissioner Dettman made a motion,
seconded by Commissioner Henkin, to recommend approval of the proposed Zoning Text
Amendment to the City Council. A roll call vote found Commissioners Dettman, Henkin, Hale,
Kasprak, and Chairperson Laimins voting in favor and no one voting against. With a roll call vote
of five (5) “yes” and zero (0) “no”, the motion carried and the proposed Zoning Text Amendment
will be forwarded to the City Council with a positive recommendation.
Mr. Sterrett stated that the Development Committee will review the proposed Zoning Text
Amendment and the Plan Commission’s recommendation at their November 9"" meeting.
Commissioner Kasprak made a motion, seconded by Commissioner Dettman, to close the public
hearing. A roll call vote found Commissioners Dettman, Kasprak, Henkin, Hale, and Chairperson
Laimins voting in favor and no one voting against. With a roll call vote of five (5) “yes” and zero
(0) “no”, the motion carried and the public hearing was closed.
5. Public Hearing and Review of Case PC 20-11, Zoning Text Amendment
Commissioner Dettman made a motion, seconded by Commissioner Henkin, to open the public
hearing. A roll call vote found Commissioners Dettman, Henkin, Hale, Kasprak, and Chairperson
Laimins voting in favor and no one voting against. With a roll call vote of five (5) “yes” and zero
(0) “no”, the motion carried and the public hearing was opened.
Commissioner Hale made a motion, seconded by Commissioner Kasprak, to continue the public
hearing to the December 1, 2020 Plan Commission meeting. A roll call vote found Commissioners
Hale, Kasprak, Dettman, Henkin, and Chairperson Laimins voting in favor and no one voting
against. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and the public
hearing was continued to December 1, 2020.
Commissioner Kasprak made a motion, seconded by Commissioner Henkin, to close the continued
public hearing until the December 1, 2020 Plan Commission meeting. A roll call vote found
Commissioners Kasprak, Henkin, Dettman, Hale, and Chairperson Laimins voting in favor and no
one voting against. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and
the continued public hearing was closed until the December 1, 2020 Plan Commission meeting.
6. Public Hearing and Review of Case PC 20-12, Special Use Permit
Commissioner Dettman made a motion, seconded by Commissioner Henkin, to open the public
hearing. A roll call vote found Commissioners Dettman, Henkin, Hale, Kasprak, and Chairperson

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Laimins voting in favor and no one voting against. With a roll call vote of five (5) “yes” and zero
(0) “no”, the motion carried and the public hearing was opened.
Commissioner Kasprak made a motion, seconded by Commissioner Henkin, to continue the public
hearing to the December 1, 2020 Plan Commission meeting. A roll call vote found Commissioners
Kasprak, Henkin, Hale, Dettman, and Chairperson Laimins voting in favor and no one voting
against. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and the public
hearing was continued to December 1, 2020.
Commissioner Hale made a motion, seconded by Commissioner Henkin, to close the continued
public hearing until the December 1, 2020 Plan Commission meeting. A roll call vote found
Commissioners Hale, Henkin, Dettman, Kasprak, and Chairperson Laimins voting in favor and no
one voting against. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and
the continued public hearing was closed until the December 1, 2020 Plan Commission meeting.
7. Public Hearing and Review of Case PC 20-14, Special Use Permit
Commissioner Dettman made a motion, seconded by Commissioner Kasprak, to open the public
hearing. A roll call vote found Commissioners Dettman, Kasprak, Henkin, Hale, and Chairperson
Laimins voting in favor and no one voting against. With a roll call vote of five (5) “yes” and zero
(0) “no”, the motion carried and the public hearing was opened.
Commissioner Kasprak made a motion, seconded by Commissioner Henkin, to continue the public
hearing to the December 1, 2020 Plan Commission meeting. A roll call vote found Commissioners
Kasprak, Henkin, Hale, Dettman, and Chairperson Laimins voting in favor and no one voting
against. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and the public
hearing was continued to December 1, 2020.
Commissioner Dettman made a motion, seconded by Commissioner Hale, to close the continued
public hearing until the December 1, 2020 Plan Commission meeting. A roll call vote found
Commissioners Dettman, Hale, Henkin, Kasprak, and Chairperson Laimins voting in favor and no
one voting against. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and
the continued public hearing was closed until the December 1, 2020 Plan Commission meeting.
8. Other Commission Business
None.
9. Previous Petitions and General Development Update
Mr. Sterrett stated that there will be a meeting on December 1, 2020.
10. Adjournment
Commissioner Hale made a motion, seconded by Commissioner Henkin, to adjourn the meeting. A
roll call vote found Commissioners Hale, Henkin, Dettman, Kasprak, and Chairperson Laimins
voting in favor. With a roll call vote of five (5) “yes” and zero (0) “no”, the motion carried and the
Plan Commission, at 7:21 p.m., was adjourned.
Respectfully Submitted by: John Sterrett, City Planner