State of Illinois
Pollution Control Board
James R. Thompson Center
100
W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
RECEIVED
CLERKS OFFICE
MAY 0 9 2008
STATE OF ILLINOIS
Pollution Control Board
In The Matter Of:
)
Anne McDonagh
&
David Fishbaum )
1464 Linden Avenue )
Highland Park, IL 60035
)
Complainants,
v.
)
Richard and Amy Michelon
)
1474 Linden Avenue
)
Highland Park, IL 60035
)
Respondents.
)
PCB 20 O
c‘ -1L
NOTICE OF FILING
TO: Anne McDonagh and David Fishbaum
1464 Linden Avenue
Highland Park, IL 60035
PLEASE TAKE NOTICE that on May 9, 2008, the undersigned filed with the
State of Illinois Pollution Control Board, James R. Thompson Center, 100 W. Randolph
Street, Suite 11-500, Chicago, Illinois 60601, a copy of Respondents' Motion to Dismiss
Pursuant to 415 ILCS 5/32(d) of the Illinois Administrative Code and 103.212(6) of Title
35, Chapter 1, Pollution Control Board, a copy of which is attached hereto and served
upon you.
eax- ur---
CERTIFICATE OF SERVICE
I, Elliot S. Wiczer, an attorney, on oath state that I caused a copy of the foregoing
Notice and Motion to be served upon the person(s) named above by depositing the same in
the United States Mail at 500 Skokie Boulevard, Northbrook, Illinois, before 5:00 p.m. on
this 9th day of May, 2008, with proper postage prepaid.
Elliot S. Wiczer
WICZER & ZELMAR, LLC
500 Skokie Boulevard, Suite 350
Northbrook,
IL
60062
(847) 849-4800
Attorney No. 37886
2
State of Illinois
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
In The Matter Of:
Anne McDonagh & David Fishbaum )
1464 Linden Avenue
Highland Park, IL 60035
Complainants,
v.
Richard and Amy Michelon
1474 Linden Avenue
Highland Park, IL 60035
Respondents.
F
t
cLER
e
<
e
s C
MAY0 9 2008
ILLINOIS
s
Of '– %Board
Pbruboo COW)
PCB 20
RESPONDENTS' MOTION TO DISMISS PURSUANT TO
415 ILCS 5/31(d)
OF THE ILLINOIS ADMINISTRATIVE CODE AND 103.212(b)
OF TITLE 35 CHAPTER 1. POLLUTION CONTROL BOARD
NOW COME the Respondents, RICHARD and AMY MICHELON, by and
through their attorneys, Wiczer & Zelmar, LLC, and for their Motion to Dismiss the
Claimants' Complaint as frivolous and duplicative pursuant to 415 ILCS 5/31(d), state as
follows:
BACKGROUND
Richard and Amy Michelon (the "Michelons") are the owners of residential
property located at 1474 Linden, Highland Park, Illinois. (See Complainant's Complaint)
The Complainants, Anne McDonagh and David Fishbaum ("Complainants"), are the
owners of residential property located at 1464 Linden Avenue, Highland Park, Illinois.
The Complainants' allegations relate to residential grade air conditioner compressors and
the sound being emitted there from. The facts that support a dismissal of Complainant's
Complaint are set forth herein below.
On or about May 13, 2005, the Michelons filed an Application for Zoning Relief
before the Highland Park Zoning Board of Appeals, Highland Park, Lake County,
Illinois. A copy of the application is attached hereto as Exhibit A.
Essentially, the Michelons were seeking to place their air conditioning
compressors for their newly constructed home on the side yard of their property which is
directly adjacent to the Complainants' property. The Michelons were unable to install the
air conditioning compressors ("compressors") in their side yard under Highland Park
Code because the compressors, if installed would violate City of Highland Park Zoning
Code for the side yard requirements for residential lots by 3 feet. The Michelons' side
yard was deficient for the installation of the compressors by 3 feet. A copy of the legal
notice concerning the Request for Zoning Relief is attached hereto as Exhibit B.
A rendering of the location and installation of the compressors is attached hereto
as Exhibit C.
After filing the application for relief before the Zoning Board of Appeals (Exhibit
A) on or about July 21, 2005, the Zoning Board of Appeals considered the request for
variation, Exhibit D, and granted the same by ordinance dated July 21, 2005. Exhibit D.
Leading up to the hearing before the Zoning Board of Appeals the Michelons and
their representatives had discussed the locating of the compressors with the Complainant.
Representatives visited an area in Highland Park on Cloverdale Avenue where the
representatives installed similar compressors. The representatives with the Complainants
measured off in increments the air conditioning compressors 20 feet then the distance of
2
45 feet and the Complainant was satisfied that she would not hear the air conditioning
compressors when installed. In fact, the Complainant suggested that it seemed better to
install the compressors in the side yard of the Michelons' property rather than where the
Michelons could have placed the compressors in their rear yard as a matter of right and
without any zoning relief from the City of Highland Park. (See pages 9 and 10 of the
transcript attached hereto as Exhibit E.) Most significantly, the Complainants in writing
on July 2, 2005, agreed to the placement of the compressors in the side yard. Exhibit F.
The Zoning Board of Appeals approved the request for variation and the
Michelons with the agreement and approval of the Complainants installed the
compressors in the side yard of the property. Pages 9 and 10 of the transcript ,Exhibit E
and Exhibit F.
Furthermore, it should be noted that the Michelons have gone to great expense to
address the purported issues of the Complainant. The Michelons have spent thousands of
dollars in upgrades to their compressors even though the compressors are state of the art.
Group Exhibit G.
For the reasons set forth herein the Complainants Complaint is frivolous and
should therefore be dismissed.
ARGUMENT
THE CLAIMANTS' CLAIM IS FRIVOLOUS AND DUPLICATIVE AS
SET FORTH IN 415 ILCS 5/531(d)(1).
A.
The Claimants' Complaint is frivolous because the
y previously
expressl
y
agreed that the Michelons should place the air conditionin
g
compressors
in their side yard as opposed to the rear yard.
As noted in the factual statement hereinabove, Exhibit E is the transcript of the
proceedings. In addition, Exhibit B is a copy of the letter sent to the Complainant
3
notifying Complainant of the Zoning Board of Appeals hearing (as required by
ordinance) in the City of Highland Park and referring to the placement of the compressors
in the side yard of the Michelon residence.
In addition, and perhaps more importantly, the Complainant expressly requested
that the compressors be placed in the side yard and not the rear yard as she believed that
this would benefit her more than if the compressors were in the rear yard. See page 9,
Exhibit E and Exhibit F.
Thus, this board is empowered to dismiss a claim as frivolous based upon the
foregoing. Rocke v. Illinois Pollution Control Board, 397 N.E.2d 51, 56 (1979). See also
415 ILCS 5/31(d).
Complainant's Complaint is frivolous in light of the fact that Claimants expressly
agreed to have the compressors placed exactly where they are. Thus, Complainant has
waived any right to now complain of the location of the compressors. Not only should the
Complainant's claim be bared because of the foregoing, it is frivolous and it is also
duplicitous in light of the Highland Park, Illinois Zoning Board proceedings.'
B.?
The
Complaint filed by the Claimants fails to comply with Title 35 of
the Illinois Administrative Code Part 103. Section 204.
Complainant's Complaint fails to comply with 103.24(0. The aforesaid section
provides that any parties serving a complaint upon another party must include the
following language in the notice:
Complainant has attached data to her Complaint concerning the state of the art
compressors newly installed by the Michelons indicating that the compressors are
emitting 65 decibels. It seems of great import that based upon a review of the Board's
decision this may be a case of first impression. As such, the implications are vast. While
the Michelons believe that the proofs will reveal that there is no "noise pollution"
emanating from their property, the Complainants' Complaint could implicate every air
conditioning compressor on practically every street in every neighborhood in Illinois.
4
Failure to file an answer to this complaint within 60 days may have severe
consequences. Failure to answer will mean that all allegations in the
complaint will be taken as if admitted for purposes of this proceeding. If
you have questions about this procedure, you should contact the hearing
officer assigned to this proceeding, the clerk's office or an attorney.
As a procedural matter the Complainant's Complaint fails to comply with the
aforesaid section and therefore should be dismissed. It does not appear that proper notice
or service was made upon the Michelons.
WHEREFORE, for the reasons set forth herein, the Complainant's Complaint
should be dismissed?
Respectfully submitted,
RICHARD and AMY MICHELON
By:
Cita-
One of Their Att rneys
Elliot S. Wiczer
WICZER & ZELMAR, LLC
500 Skokie Boulevard, Suite 350
Northbrook, IL 60062
(847) 849-4800
Attorney No. 37886
2
The City of Highland Park though notified has taken no action as no violation of any city ordinance has
occurred.
5
EXHIBIT A
APPLICATION CHECKLIST
?
ZBA Application
q
Application Form (see page 2)
-
Complete in its entirety.
- Petitioners' name(s) should be written
exactly
as
on the proof of ownership.
- Notarized signatures of all owner(s) and
petitioner(s) are mandatory.
q
Summary Sheet (see pages 3 & 4)
Complete in its entirety, including height and F.A.R.
calculations for any covered addition, regardless of
requested variance.
q
Letter of Situation and Hardship
Explain in detail the proposed project, the variances
to be requested, all alternatives to the proposal, and
the hardship to be incurred if the variance is denied.
(Refer to
Standards for Granting a Variation
in this
packet for further information)
q
Established Building Setback Survey
(see form on pages 5 & 6)
L.1
F.A.R.
Calculations of Neighborhood
For F.A.R variation requests only
(see form on page
7)
q
Proof
of Ownership
-
Warrantee deed
or owner's
title policy in
its
entirety.
- If the property is held in trust, the Trust
Agreement in its entirety.
- If petitioner is contract purchaser or lessee, proof
of authority to file on behalf of the owner is
required.
q
Affidavit
of Title
(see page 8)
Any form of ownership must be accompanied by a
notarized affidavit of title citing date of title and/or
trust agreement
q
1 Full
Size Plat of Survey Drawn to Scale
- Legal description of property
- Dated and stamped by surveyor
q
Reduced Plat of Survey
(11" x 17")
q
Affidavit of Survey (see page 9)
Needed for all surveys over a year old
O
1 Full Size Set of Plans Drawn To Scale:
-
Dated and stamped by architect (if applicable)
- Folded to size suitable for mailing
q
Proposed Site Plan showing:
- Illustration dearly
indicating the location of
proposed variance
- Dimensions of variance(s) requested
- All required yard setbacks, including the
established front yard setback
- Dimensions to all lot lines
q
Existing and Proposed Thor Plans
COMPLETE
floor plans with room names &
dimensions
q
Existing and Proposed Elevations
q
1 Reduced (11" x 17") Set of Plans
q
Site Plan
q
Existing /
Proposed Floor Plans &
Elevations
q
Tree Survey (11"
x 17")
Regardless of the proposed work, submit a tree
survey showing all existing trees. A hand drawing
of tree locations on a plat of survey is usually
acceptable.
q
Other Exhibits
-
Photos, letters, reports, requested materials, etc.
1:3
Proof of Lot of Record (see useful defmitions)
Required for issuance of a building permit
q
Cost
Recovery Acknowledgement
& Fee
Make check payable to: City of Highland Park
(see form on page 10)
q
Deposit
$250.00
- Continuation fee
$ 50.00
q
Application Fee
Make check payable to: City of Highland Park
Signature of Petitioner
i
"
s
t
a a
•
Fence
q
All Others
$100.00
$225.00
Date
m4
s
1.005
Signature of Owner's Agent
Date
Property Address:
?
/991/ Lai/
Momive
Met
er
# t
if "WC
1
APPLICATION FOR ZONING VARIATION REQUEST
CITY OF HIGHLAND PARK
1150 Half Day Road
Highland Park, IL 60035
phone: 847/ 432-0867 fax: 847/432-0964
www.citvhpil.com
OFFICE USE ONLY
Submission Date:
?
Appeal No.:
?
Hearing Date:
?
Fee:
?
Address:
?
197y
Lm/la ?
Zoning
District:
RS"
Present Use Of Property:
?
1144-Agr
Petitioner's Name (a):
//t/i$,1
*
Aceitad
Daytime Phone:
go-scP9-9na
Fax:
q
42-09-12,9s-
Title Holder's Name
(s):4410.0
11011LoAMSW
Art thei
g
lati
NORIO OP Itle
g
i
N
g
ala% IN
fig
OS-Cy
Address:
Fr
wen
Coefirbottca
llumptif
44/0
Phone:
1/2-S77- 98#
Fax:
?
312–
J-39-A2.91'
Email:?
If Petitioner Is Different From Tttle Holder, Fa;olaln:
Address:
b
ri—arr
KnEf
0/14443 4,ntin/ OS/ 0
Home Phone:
34A-A79-9"2
Email:
Attorney's Name:
Elliot
S.
Wiczer
Address:
500 Skokie Boulevard, Suite 350, Northbrook, IL 60062
Fax:
(847) 205-9444
Adtt4d6FC
Phone:?
(847) 849-4800
sgratags
Architect/Builder:
L14/t
Wm
4
thereglai
Address:
Shia/1g?
pm OD
Phone:
tfrk.C-99-',17/M
Email:a
t
efisfOljnifrnr,
fan
Belga
tritir
ti
r
Contact:
ter Criardiehapasa
i
tki9LItair?
Itt
?
£110,1
C
i
1
met14...ifehrvibmireuts
417. 413-.14110 611
41R
Fax:
-s99Ci43
AFFIDAVIT
I HEREBY
DEPOSE AND SAY THAT I HAVE
1997 HIGHLAND PARK ZONING ORDINAN
CONTAINED IN APPLICATION PACKET
JCIAL SEAL"
NO TMYPU
ELLIOT
BLIC,
S.
STATE
WIOZER
OF /
•.
200
?
Sworn to
before me
this
Property
Owners)
Sworn to before to
day of
II
SION
EXPIRES
7
THE REQUIREMENTS AND PROCEDURES OUTLINED IN ARTICLE XII OF THE
D ALL OF ME ABOVE STATEMENTS AND THE STATEMENTS
day of ?
, 20?
.
er,
if different from Property Own
Notary
Notary
2
SUMMARY SHEET
Plan Examiner: ?
Description of Project
Zoning District:
PS
-
(C/A/ALA
riustilA
I. COMPLETE THE FOLLOWING:
(rezardless of re
q
uested variance)
a) Height Calculations:
(see 'Useful Definitions' sheet)
■
Maximum Allowable Height for Subject Zoning District:
?
715.75
?
feet
■
Maximum Height of Proposed Structure
(for residenHal property height is measured from grade
at City sidewalk or top of curb to peak of roof):
683.75?
feet
F.A.R-
b) Floor Area Ratio (F.A.R.) Calculations
(see 'Useful Definitions' sheet)
Floor Ana/
Lot She
•
Area of Lot
?
27,777.75 ?
square feet
■
Allowable Floor Area:
8,055.5
?
square fret Allowable FAR.:
?
29
■
Total Existing Floor Area:
N/A ?
square feet Existing F.A.R.:
?
N/A
%
•
Area of Addition:
?
WA
square feet
■
Total Proposed Floor Area:
?
7149
square feet Proposed F.A.R.:
?
26
%
2. INDICATE ALL REOUESTED VARIANCES:.
q
Front Yard Encroachment:
(specify below as many as apply)
Structure will encroach
?feet into the
minimum
front yard of
?
?
feet on
the (north / south / east / west) side of the property for a distance of
?
feet.
Structure will encroach
?
feet into the
established
building setback of
?
feet on the (north / south / east / west) side of the property for a distance of ?
feet.
Structure will encroach
?
feet into the minimum front yard of ?
feet on
the (north / south / east / west) side of the property for a distance of
?feet.
Structure will encroach
?
feet into
the
established
building setback of
?
feet on the (north / south / east / west) side of the property for a distance of
?
feet.
Property Address:
/4
t./
Grier/
Ili MAIM
131/114
?
p/O3S-?
3
SUMMARY SHEET
(CONT.)
Side Yard Encroachment:
(specify below as many as apply)
Structure will encroach
3, 0 ?
feet into the
minimum
side yard of
16
T.
?
feet on
the (north / south / east / west) side of the property for a distance of
8 ?
feet.
Structure will encroach
feet into the
minimum
side yard of
feet on
the (north / south / east / west) side of the property for a distance of
feet
Structure will encroach
feet into the
total combined
side yard of
feet.
q
Rear Yard Encroachment:
(specify below)
Structure will encroach
feet into the
minimum
rear yard of feet for a
distance of feet.
q
"'SR:
(specify below)
Structure will exceed the maximum permitted F.A.R. of
% by
square feet for a total F.A.R. of
%.
q
Height:
(specify below)
Structure will exceed the maximum permitted height of feet by
feet
for a height of
feet.
q
Steep Slope Encroachment:
(specify below)
Structure will encroach
distance of
feet into the
10 / 20 / 40 / 50
foot Steep Slope setback for a
feet.
q
Fence:
(specify below)
Structure will exceed the maximum permitted fence height of
feet in the minimum
yard by
feet for a distance of
feet.
q
Other.
(please specify):
COMPERE REFERRAL TO
CITY COUNCIL:
OFFICE USE ONLY
City Council Date:
Describe Referral:
q
ZBA Final Disposition
q
ZBA Recommendation to City Council on:
Property Address: /979
L'gieN'
H
i
piti
me
Max
i lit
6,nr
?
4
ESTABLISHED BUILDING SETBACK SURVEY
ADDRESS
ACTUAL
SETBACK
SOURCE/NOTES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AVERAGE
SETBACK
Property Address:
pi
n jp
ispe
d
3
Rig
s/494
0
Mw5;2
4)
OPtir
TOTAL
FLOOR
AREA
F.A.R.
%
(Floor Area/Lot Area)
ADDRESS
LOT AREA
SUBJECT PROPERTY:
SOURCE
(circle):
a) Lake County website b) assessor's office c) other
F.A.R. CALCULATIONS OF NEIGHBORHOOD
For F.A.R. variation requests, the Zoning Board of Appeals compares the F.A.R. of the property
under consideration with other properties in the neighborhood. Floor area and lot area can be
obtained from the following sources. Don't forget to include the garage!
■
Lake County Assessment Office website at www.co.lalce.ii.us/assessor/assessments.
■
Tax assessor's office:
Moraine Township Assessor
(847)432-2100
West Deerfield Township Assessor:
(847)945-3020
Please note that information obtained from the tax assessor or Lake County will result in
rough estimates ggh.
The total square footages of the lots may be inaccurate, and the tax
assessor's figures may not include everything the City of Highland Park includes when
calculating the total floor area.
Please include figures for your property In order to compare these numbers more effectively.
Property Address:
/991/ l
i
Nn
A
3
?
thwo
/MK
/
?
'Oar
5) Affiant further states:
ant
Subsc
?
d swom to before me this ; A \o'i
Day f
?
20
0 C
?(SEAL)
AFFIDAVIT OF TITLE
COVENANT AND WARRANTY
?
k3 A
Application
STATE OF ILLINOIS
COUNTY OF LAKE
The undersigned affiant, being first duly sworn, on oath says, and also covenants with and
warrants to the City of Highland Park:
1)
That affiant has an interest in the real estate described below:
fr2v
ZdAvem/ 71/6409440
?
1103.5-
2) The following mortgagees, firms, corporations or persons are holders of liens against
the above described real estate:
nbnt
3) That since the title date of
?
(9(0y
in the policy of
title insurance issued by
?
CO
affiant has not done or suffered to be one anything that could in any way affect the
title to premises, and no proceedings have been filed by or against affiant, nor has any
judgment or decree been rendered against affiant, nor is there any judgement note or
other instrument that can result in a judgment or decree against affiant within five
days from the date hereof.
4) That this instrument is made to induce the City of Highland Park to accept for review
the affiant's application for a variation request.
Property Address:
Ai v Li
ned Ng frip
1
9
440
Acc
e
r
froi
nil
61103 •
8
ZONING BOARD OF APPEALS COST RECOVERY FEES
Third Party Cost Recovery
During the course of reviewing and processing development applications, the City of Highland Park often incurs
expenses for third party consulting costs. In order to efficiently process zoning applications, every filed petition
is subject to certain cost recovery fees ("Cost Recovery Fees") that are placed in a City escrow account ("Cost
Recovery Fee Escrow"), as provided in Section 150.306 of "The Highland Park Zoning Code of 1997," as
amended. Cost Recovery Fees are in addition to any and all other filing fees and other charges established by
the City. Based on their typical complexity and need for third patty consulting services, the Cost Recovery Fee
is:
q
Zoning
Board of Appeals Application Cost Recovery Fee:
5250.00 deposit
q
Zoning Board
of Appeals
Hearing Continuation Fee:
S 50.00 deposit
The following items denote costs incurred for
all
Zoning Board of Appeals applications that will be
deducted from the Cost Recovery Fee Escrow:
■
Publication of notices
•
Court reporter
The following items denote other costs occasionally incurred for Zoning Board of Appeals cases that would
be deducted from the Cost Recovery Fee Escrow:
•
Professional and technical consultant services
■
Document recordation
■
Corporation Counsel, or other City retained attorney or law firm, consultation, meeting attendance,
document preparation, and review
•
Copy reproduction
rIftilen
q
Every petition must be accompanied by the required petition fee and Cost Recovery Fee. Cost Recovery
Fees will be forwarded to the Finance Division and deposited in a Cost Recovery Fee Escrow.
q
Within 90 days following final action on a petition, a final accounting will be made and any remaining
funds in the Cost Recovery Fee Escrow after payment of the total actual costs due will be returned to the
owner or petitioner.
q
Failure to pay any portion of the Cost Recovery Fee or submit the continuation deposit fee prior to the
Zoning Board of Appeals' consideration of the case shall be grounds for refusing to process a petition and
for denying or revoking any permit.
'tier Agreement
-1 below, the owner or petitioner acknowledges that it is subject to all of the provisions contained in
,
.306 of the Zoning Code and agrees to pay, and to have consented to, (i) the Cost Recovery Fees, (ii)
an, of collection that have not been paid within 30 days following the mailing of a written demand for
payn.
A
t to the owner or petitioner at the address set forth on the petition, and (iii) any additional Cost Recovery
Fees asse:4;ed. No petition filed shall be considered complete unless and until all fees and deposits have been
paid. Evesy approval granted and every permit issued, whether or not expressly so conditioned, shall be deemed
to be conditiont
•
ki upon payment of Cost Recovery Fees as required pursuant to City ordinance.
Applicant Signature :tad
Date:
5/1)1900
Property Address: /*/2g
bil
l
aiA
/
?
Me ,1
eons-
?
10
ESTABLISHED BUILDING SETBACK SURVEY
?
:3?
;J.:I
I
In any single family residential zoning district, if the established building setback (the
average
of the existing building setbacks on one side of a block*)
is greater than the minimum front
yard setback required for the zoning district, no new structure or addition may be erected closer
to the street than the established building setback.
The regulation applies to blocks containing three (3) or more single-family residences in which
fifty percent (50%) or more of the lots fronting on one side of the block are improved with
principal buildings that have setbacks greater in depth than required for the zoning district.
Established?
A+B+C+D...
(exclude subject properly)
/
Building
Setback
Total
e
No. of
Homes
1 L
rni
i
flap
1:1,?
13
rri-at
CI
Established"
_
Sir
Building-
• •■•. •
Setback
4.1111~/.
••• ••••?
-
it
Setback
Front Yard
it
Front Yard
Encrochment
i
f
Established
Building
Setback
r-
Encrochment
Completion of an established building setback survey ensures compliance with the regulation, or
alternatively, determines whether a variation may be necessary. This survey is also required
prior to the issuance of a building permit.
The subject property should be excluded from the
established building setback calculation.
*A block is defined as a tract of land bounded by streets or cul-de-sacs, or in lieu of a street or streets, by public
parks, cemeteries, railroad rights-of-way, ravines, corporate boundary lines of municipalities, or the shoreline of
Lake Michigan.
Property Address:
/
y
7
y
1
4
426A/ 1//641-A4& oAF ftt, eviir?
5
FROM :AMY
?
FAX NO. :3125878293?
Mar. 23 2004 11:024
2
14 P1
Cl
r
"AGO TITLE INSURANCE COW %NY
OWNER'S POLICY (1992)
SCHEDULE A
roma
MO.: f409
000702113 vs
DATE OF POLICY: MARCH 10, 2004
AMOUNT OF
INSURANCE; $1,100,000.00
1.
NAME OF INSURED:
RICHARD MICHELON AND AMY MICHELON, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY
2.
THE ESTATE OR INTEREST
IN THE LAND AND
WHICH
IS
COVERED
BY THIS POLICY IS
A
FEE SIMPLE, UNLESS OTHERWISE NOTED.
3.
TITLE TO SAID ESTATE OR INTEREST
AT
THE DATE HEREOF IS VESTED IN:
THE
INSURED.
4.
THE LAND HEREIN DESCR/ERD
IS
ENCUMBERED BY THE FOLLOWING MORTGAGE OR TRUST DEED
AND ASSIMMUTS:
NONE
C7CAGO TITLE INSURANCE CO`
` ANY
OWNER'S POLICY
1111
SCHEDULE A (CONTINUED)
POLICY NO.:
?
1409
000702113 vtt
THE
LAND
REFERRED TO
IN
THIS POLICY IS DESCRIBED AS FOLLOWS:
LOTS 1 AND 2 IN HUMMEL RESUBDIVISION OF LOT
4
IN
BLOCK 70
IN
THE ORIGINAL PLAT OF
HIGHLAND PARK,
IN
THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 43 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT
RECORDED JANUARY 9,
2003
AS
DOCUMENT 5092565
IN
LAKE COUNTY, ILLINOIS.
•
ATTACHED TO AND FORMING A PART OF
POLICY NUMBER 1409 000742113 VII
ISSUED BY
CHICAGO TITLE INSURANCE COMPANY
POLICY MODIFICATION ENDORSEMENT
4
GENERAL
EXCEPTION NUMBERS 1, 2. 3, 4
AND
S OF SCHEDULE B OP
THIS POLICY ARE
EXHIBIT B
WICZER
& 7H MAR, LLC
-ATTORNEYS AT LAW -
BERNARD WICZER
MICHAEL A. ZELMAR
ELUOT S. WICZER
ROBERT S. SHULMAN
KRISTEN M. LEHNER
Suite 350
500 Skokie Boulevard
Northbrook, Illinois 60062
Telephone (847) 849.4800
Facsimile (847) 205-9444
July 1, 2005
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David J. Fishbaum
Annie M. McDonagh
1464 Linden
Highland Park, IL 60035
RE: 1474 Linden Avenue. Hig
hland Park. Illinois
Dear Neighbor:
Our office represents Richard and Amy Michelon, the owners of the property
located at 1474 Linden, Highland Park, Illinois. I am enclosing a legal notice that has been
published in the Highland Park News dated June 30, 2005, regarding a request for variation
that Richard and Amy are seeking. The request for variation is asking to place air
conditioning units on the side of their house which is more fully described in the public
notice enclosed.
If you have any questions at all, I urge you to contact me. I will make arrangements
to meet with you to show you the proposed plans. Again, please contact me if you have any
questions. Thank you.
Very truly yours,
Ott- CAA,?
Elliot S. Wiczer
ESW:hr
UNITED STATES POSTAL
SERVICE
First-Class Mall
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&
Fees Paid
USPS
Permit No. 0-10
•
Sender: Please print your name, address, and ZIP+4
in
this box
•
CLL.)
WICZER & ZELMAR, LLC
500 SKOUITEKIE
BOULEVARD
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350
NORMBROOK. ILLINOIS 60062
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■ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
■ Pdnt your name and address on the reverse
so that we can return the card to you.
■
Attach this Gard to the back of the mallplece,
or on the front If space permits.
1. Article Addressed
to:
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2510 0002 2683 2950
PS Form
3811,
February 2004?
Domestic Return Receipt
102595-024A-154
LEGAL NOTICE - HIGHLAND PARK NEWS - June 30, 2005
PUBLIC NOTICE
ZONING BOARD OF APPEALS
CITY OF HIGHLAND PARK, ILLINOIS
Notice is hereby given that a Public Hearing will be held at City Hall, 1707 St. Johns Avenue, in
the City of Highland Park, Lake County, Illinois, on Thursday, July 21, 2005, at 7:30 P.M. Said
Public Hearing will be conducted by the Zoning Board of Appeals for variation of provisions of
the Zoning Ordinance of 1997, being Chapter 150 of the Highland Park Code, as amended.
05-07-VAR-035
Richard and Amy Michelon
1474 Linden Ave.
Highland Park, Illinois 60035
The petitioners and owners, Richard and Amy Michelon of 55 W. Goethe. Chicago IL. 60610,
requests by authority of Section j50.1204 (1), a variation of provisions of Section 150.703,
as
required under the R5 zoning district, to construct a structure to encroach 3.0 feet into the total
combined side yard of 25 feet, in order to locate air conditioner units in the side yard for a new
single family residence.
Subject Property Consists of Lot 4 in Block 70 in the South Part of Highland Park, a Subdivision
in the North Half of the Northeast Quarter of Section 26, Township 43 North, Range 12 East of
the Third Principal Meridian in the City of Highland Park, commonly known as 1474 Linden
Ave.
Any person who also desires to appear as an "interested party" with the right to cross-examine
others at the hearing must complete and file an appearance form with the Highland Park City
Clerk at the Highland
Park
City Hall, 1707 St. Johns, Highland Park, Illinois, no later than three
business days before the date of the hearing. Appearance forms are available at the Finance
Department on the first floor of the Highland Park City Hall, 1707 St. Johns, Highland Park,
Illinois, during regular business hours.
Zoning Board of Appeals
Cary Glenner, Chairman
June 30, 2005
EXHIBIT C
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EXHIBIT D
ZBA #05-07-VAR-035 - 1474 Linden Ave. - Granted Order
STATE OF ILLINOIS)
)SS.
COUNTY OF LAKE )
IN THE MATTER OF THE APPEAL OF
Richard and Amy Michelon
FOR VARIATION
BEFORE THE BOARD OF APPEALS
CITY OF HIGHLAND PARK
LAKE COUNTY, ILLINOIS
APPEAL NO. ZBA #05-07-VAR-035
GRANTED ORDER
This matter coming on to be heard on the application of Richard and Amy Michelon for
variations from the requirements of 150.703 of the Highland Park Zoning Ordinance of 1997 (the
"Zoning Ordinance"), as amended, and upon proofs being taken and adduced before the Board of
Appeals, City of Highland Park (the "Board"), and the Board being duly advised in the premises,
DOES FIND AS FOLLOWS:
1. That said application was heard by the Board, and proofs were taken and adduced
before the Board at a regular meeting of the Board held in the City Hall of the City of Highland
Park, on July 21, 2005.
2.
That there were present in person at said meeting of the Board a quorum of the
members of the Board for the conduct of the Board's business.
3. That after the conclusion of said hearing, by affirmative vote of 4 members in
attendance at said hearing, being a majority of the members of the Board and a majority of those
members who were present, the Board granted said application for variations to the extent and
subject to the terms and conditions contained in this Order.
4.
That the Board has jurisdiction under Sections 150.1201, 150.1204 and following of
the Zoning Ordinance to hear and determine the request for variations
as
applied for herein.
5.
That due notice of the time and place of such hearing was duly published in The
Highland Park News, a paper of general circulation in the City of Highland Park, not more than
30 days nor less than 15 days previous to said hearing, in accordance with the provisions of
applicable statutes of the State of Illinois and of the Zoning Ordinance and proof of publication
thereof was made a part of the record herein.
-1-
13. That unless variations are granted in accordance with this application, the Property in
question cannot yield a reasonable return, in that the house is situated on the lot in such a way as
to make alternatives unreasonably expensive and prohibitive; and in that the plight of the owner
was due to unique circumstances; and in that the variations requested are consistent with the
purposes and intent of said Zoning Ordinance and Master Plan; and for additional reasons set
forth in the application and transcript of this hearing.
IT IS, THEREFORE, ORDERED AS FOLLOWS:
That variations from the strict application of the Zoning Ordinance, and, in particular,
150.703 thereof, are hereby granted as to the real Property hereinabove described, in that the
petitioners will be allowed to construct a structure to encroach 3.0 feet into the total combined
side yard of 25 feet, in order to locate air conditioner units in the side yard for a new single
family residence.
That this Order is to take effect only upon compliance with the following conditions:
(a)
All structures will be in substantial conformance with the submitted plans and a
Landscape Plan prepared by Earth Developments, Inc. dated June 13, 2005.
(b)
Issuance of a building permit by the City of Highland Park.
This Order shall be valid for a period of no longer than twelve (12) months from the date
of this Order unless a building permit is obtained within such period and the erection or
alteration of a building is started, or unless the use is commenced within such period; and, in any
case where a building permit shall be obtained for the erection or alteration of a building, unless
such erection or alteration shall proceed to completion without unnecessary delay.
Order granted on July 21, 2005.
BOARD OF APPEALS
CITY OF HIG AND PARK
LAKE CO?
, ILLINO
EXHIBIT E
CITY OF HIGHLAND PARK
ZONING BOARD OF APPEALS
1707 St. Johns Avenue
Highland Park, Illinois
July 21, 2005
7:30 O'Clock P.M.
RE: Appeal Number 05-07-VAR-035
for property located at
1474 Linden Ave.
MEMBERS PRESENT:
MARC LICHTMAN, Acting Chairman
ADAM GLAZER, Member
CALVIN BERNSTEIN, Member
GLEN BERNFIELD, Member
JOHN PETERSON, Member
STAFF PRESENT:,
MICHAEL CROAK, Plan Reviewer/Inspector
ROBERT FRALEY, Planning Technician
ii
AAA COURT REPORTING 847-398-7666
2
1?
INDEX
2?
WITNESS:?
PAGE
3?
Elliot Wiczer?
4
David Maher
?
11
4?
Leonard Bezark
?
12
Burt lasko?
15
5?
Mary Jane Bezark?
23
6
7
EXHIBIT:
8
Petitioner's #1
?
4
9?
Petitioner's #2?
4
10
11
12
Motion?
27
13
?
Second?
28
Vote?
28
14
15
16
17
18
19
20
21
22
23
AAA COURT REPORTING 847-398-7666
3
1
?
ACTING CHAIRMAN LICHTMAN: The next case
2?
is Case Number 05-07-VAR-035, property
3?
located at 1474 Linden Avenue. The
4?
petitioner is Richard and Amy Michelon.
5?
Everybody on this case please
6?
come forward.
7?
MR. WICZER: Mr. Chairman, people who
8?
are going to testify, or people who are here
9?
for it?
10
?
ACTING CHAIRMAN LICHTMAN: Everybody who
11
?
is going to be testifying, come forward.
12?
Please state your names and business
13?
addresses for the record.
14?
MR. MAHER: David Maher, CFM Group,
15?
Incorporated, 405 Washington Boulevard, Suite
16?
201, Mundelein, Illinois.
17
?
MR. WICZER:?
Elliot Wiczer, 500 Skokie
18?
Boulevard, Northbrook, Illinois, attorney for
19?
the petitioners.
20
?
MR. BEZARK: Leonard Bezark, no business
21?
address, but I am at 1384 Linden.
22?
ACTING CHAIRMAN LICHTMAN: Anybody else
23?
who is going to be testifying?
AAA COURT REPORTING 847-398-7666
4
1?
MR. LASKO:?
Burt Lasko.?
1211 Linden.
2
?ACTING CHAIRMAN LICHTMAN: Please
3?
present your case.
4?MR. WICZER:?
Before I get started, can I
5?
pass up some additional information?
6?
ACTING CHAIRMAN LICHTMAN: You certainly
7?
can.
8?MR. WICZER: What I am passing up is
9?
arguably the most affected neighbor to the
10
?
south.
11?
ACTING CHAIRMAN LICHTMAN: What is this
12
?
case about?
13
?
MR. WICZER:
?
I am giving you the
14
?
landscape design and the depiction of the air
15?
conditioning units as well as a letter of
16?
support from the neighbor.
17
?
This is a case about three air
18
?
conditioning units. The actual case is very
19?
-simple once you look at the site plan and the
20?
landscape design, which you will have in a
21?
minute
22
?
MR. CROAK: We will label the landscape
23?
design Exhibit 1 and the letter Exhibit 2.
AAA COURT REPORTING 847-398-7666
5
1?ACTING CHAIRMAN LICHTMAN: What we are
2
?
asking for, as published for, is to encroach
3?
in t.he side yard for 3 feet of a total
4
?
combined side yard of 25 feet in order to
5?
locate the air conditioning units.
6
?
And I would arguably say to
7
?
you that this is an effort between the
8?
neighbor, the Michelons, the petitioners, and
9
?
Anne McDonagh, who represented herself and
10
?
her husband, to put these air conditioning
11
?
units in a place that we think is better for
12
?
her and better for us. And I will explain
13
?
why.
14
?
If you want to her from Mr.
15?
Maher, he will testify.
16
?
We have two issues that we
17
?
raised, two issues that we are here.
18?
The first issue is a
19
?
mechanical HVAC issue -- and I think Mr.
20
?
Peterson can appreciate this. The further
21
?
the distance from the furnace, and again, I
22
?
will use layman terms, to the actual air
23
?
conditioning compressors, the more difficult
AAA COURT REPORTING 847-398-7666
6
1?
it is to cool the home, even with three.
2
?
So because of the distance, if
3?
we Tut them in the rear yard, which would be
4?
allowable, the distance between the AC units
5?
and the pipes would not provide for adequate
6?
cooling for the home.?
It would always be,
7
?
especially on hot days like this, would be
8
?
extremely hot.
9?
And it would be more efficient
10?
both from economical, you know, payment of
11
?
Com Ed's bills, to have them here, but also
12
?
from a comfort level of cool his home.
13
?
That's issue number one.
14
?
Issue number two is placing
15
?
air conditioning units in the rear yard where
16
?
they will sit in the back and enjoy it under
17
?
a window as opposed to the side yard where --
18
?
and I will tell you why I make this statement
19
?
in a minute -- it would affect nobody,
20?
doesn't seem to make sense.
21?
So the real hardship is the
22
?
fact that we don't think that these air
23
?
conditioning compressors will adequately
AAA COURT REPORTING 847-398-7666
7
1?
cool. And Mr. Maher can give you another
2
?
three-sentence explanation as to why in a
3?
moment.
4
?
But I would like to tell you a
5?
little bit about how we ended up with the
6?
plan we have and the landscape plan we have.
7?
We sent notice and we invited
8?
all the neighbors to contact, through me, any
9?
questions they had. The neighbors to my
10?
right were not on our notice list because we
11
?
are not required to give notice to everybody
12?
on Linden. So the people that would be most
13?
affected we gave notice to.
14
?
The person that is the most
15
?
affected, we actually brought her out to the
16?
site that had similar units -- in fact, the
17?
same units are in, with one exception. There
18?
wasn't as much landscaping as being proposed
19?
here.
20
?
MR. BERNFIELD: That would be the name
21?
to the south?
22?
MR. WICZER: Anne McDonagh, correct.
23?MR. BERNSTEIN:?
What's the address of
AAA COURT REPORTING 847-398-7666
8
1
?
Ms. McDonagh?
?
Is it 1464?
2?MR. WICZER:?
It is right to the south on
3
?
your map here. And I will look.
?
It is 1464
4?
Linden.
5?
MR. BERNSTEIN:?
I have one question.
6?
Looks like 1458, is that an interior lot?
7
?
MR. WICZER:
?
Yes, that is a lot-in-
8?
depth. And like I said, we sent our notice
9?
and we didn't hear back from them, but we did
10
?
hear from Ms. McDonagh and we made arrange-
11
?
ments to walk her to another site where there
12
?
were three compressors like this.
13
?
She was worried about her
14?
kitchen window. She informed us that she did
15?
not have -- did not use air conditioning,
16
?
even though they have it. They like to keep
17?
their windows open. She was concerned she
18?
would hear the air conditioning units.
19
?
71 decibels at a distance.of
20
?
45 feet, they are not going to hear it, on
21
?
top of the fact that the landscaping design
22
?
that we have here, which we gave it to you so
23?
we
can agree that we would put this in, I
AAA COURT REPORTING 847-398-7666
9
?1?
think Ms. McDonagh appreciates that.
2?
We have two sets of the seven
3?
uprlght hicks along with the apple
4?
serviceberry, and I am not sure if the apple
5?
serviceberry tree itself is appropriate there
6?
but a similar type of tree in size would be
7
?
placed in these three locations.
8
?
The deadening effect on the
9?
units is -- Let me back up a minute.
10
?
When we took Ms. McDonagh to
11?
Cloverdale Avenue in Highland Park and
12
?
measured off in increments the air
13
?
conditioning units, 20 feet, then to her
14
?
distance
45
feet, she was satisfied that she
15?
won't hear it.
16
?
And when you consider she is
17
?
going to be inside her home, she signed off
18
?
on the letter. And that happened today,
19?
about 10:00 this morning.
20?
So what
I
am suggesting is we
21
?
could have put it in the rear yard, but we
22
?
can't landscape.
?
If we put it in the rear
23
?
yard,
Ms. McDonagh, it probably wouldn't have
AAA COURT REPORTING 847-398-7666
10
?1?
affected them as much as noise, but it
2
?
probably would have affected them more, and
3?
it . ould have affected our client's property
4
?
by not being able to cool the house
5?
effectively.
6?
And when we talked to her and
7
?
said "What do you think of this," she said
8
?
"It seems better here, although it is not in
9
?
the back.
?
I will take the landscaping so I
10
?
am not looking at condensers in your rear
11?
yard, and I will take the three trees, and I
12
?
can't hear it."
?
So it is a win-win for
13?
everybody.
14?
I know that we are here asking
15?
for a variation. I have described the
16
?
hardship. We understand that it is an
17
?
important issue. We understand that it is a
18?
request that we are asking you to make, but
19
?
we think it is reasonable.
20?
And I think that in light of
21
?
the efforts, in light of what we think the
22
?
neighbor wants, Anne McDonagh, what we know
23?
we want and kind of need in order to be
AAA COURT REPORTING 847-398-7666
11
1
?
effectively cooling this house, we would ask
2?
that the variation be granted.
3
?
And can I just,
if
you have
4?
any questions of -- I think I have summarized
5?
what he would testify to, but if you have any
6
?
questions.
7?
ACTING CHAIRMAN LICHTMAN: So you are
8?
putting one of those new energy efficient
9?
quiet air conditions that are as quiet as a
10?
fan?
11?
MR. MAHER: Yes. They are made by
12?
American Standard and the compressor is
13?
completely insulated.
14?
ACTING CHAIRMAN LICHTMAN: But these are
15
?
the new models that are as quiet as a
16
?
household fan?
17
?
MR. MAHER: Yes. Most of your noise is
18?
all just air movement.
19
?
MR. WICZER:?
Can I say one last thing:
20?
But for the fact that I know it is there, you
21
?
will know it is there, the neighbor will know
22
?
it is there, I mean, no one is going to know
23?
it is there really.
?
It is going to be
AAA COURT REPORTING 847-398-7666
12
1?
invisible.
?
You not going to hear it, you are
2?
not going to smell it, you are not going to
3?
sea. it.
4
?ACTING CHAIRMAN LICHTMAN: Okay.
5
?
MR. BEZARK:
?
In the first place, I don't
6?
quite understand, you are encroaching 3 feet
7?
into a combined side yard of 25 feet.
8
?
Actually, they are encroaching of what they
9?
shouldn't be on by 3 feet, regardless of how
10?
much it goes beyond that into their driveways
11
?
and public way.
12
?
I also wonder whether the next
13?
house of the house next door, or if they want
14
?
to sell the house next door, is going to be
15
?
as receptive as they were to having something
16?
in the yard.
17
?
But the main question I have
18?
is: When this house was designed, were they
19?
not aware that they were going to have an air
20?
conditioner or three air conditioners? And
21?
if so, why didn't they make arrangements for
22?
it?
23?
And if they didn't make
AAA COURT REPORTING 847-398-7666
13
1?
arrangements for it, I can't see why it
2?
shouldn't be in back. As he points out, it
3?
wild be adjoining to the people in the house
4?
if it is in back.
?
Well, I think it should be
5?
annoying to them rather than the people next
6?
door or the potential people next door.
7?
MR. BERNFIELD: Do you have a personal
8?
interest or concern? Because you are not
9?
adjacent to the property.
10
?
MR. BEZARK:?
No, I am not.
11
?
MR. BERNFIELD:?
You are just a concerned
12?
citizen?
13
?
MR. BEZARK: Number one, I don't like
14
?
variances where they are not necessary and I
15
?
think where people take advantage. They knew
16
?
there were going to be air conditioners from
17
?
the day they designed the house. ?
I don't
18?
know why the Building Department doesn't ask
19
?
people --
20
?
MR. BERNFIELD: You are raising a good
21?
question. The original plans of the house,
22
?
where did the original plans of the house
23
?
show the compressors?
AAA COURT REPORTING 847-398-7666
14
1?
MR. WICZER: The original proposal was
2?
to put the
--
3
?
MR. BERNFIELD:
?
I mean, you filed a
--
4?
MR. WICZER: Not the proposal before the
5?
ZBA. But the original plans were going to
6?
have the air conditioning units in the rear
7?
yard.
8?
MR. BERNFIELD:?
For your permit.
9?
MR. WICZER:?
Well, yes.?
What I would
10?
say to you is this: We could put it in the
11
?
rear yard in that corner. I can guarantee
12?
you to the extent it affects both neighbors
13?
in the rear yard, it is going to affect them
14?
more.
15?
MR. BERNFIELD: You made that point. I
16?
just wanted to find out factually.?
I mean,
17
?
this gentleman is raising the point about the
18
?
variation, and --
19
?
MR. WICZER: We have in the back, and
20
?
sometimes it happens -- and I wish I could
21
?
tell you it didn't happen -- but here it is a
22
?
problem and we are trying to address it.
23?ACTING CHAIRMAN LICHTMAN: Okay.
AAA COURT REPORTING 847-398-7666
15
1?
Anything else you would like to add?
2?MR.
BEZARK:?
No, that's my story.
3?
ACTING CHAIRMAN LICHTMAN: Mr. Lasko?
4?
MR. LASKO: Very much the same thing.
5?
We had a neighbor who had his plans approved,
6?
and after they were approved, oh, we suddenly
7
?
remembered that
we
didn't provide well enough
8?
for the drainage. He asked for a variation.
9?
But here, you know, they have architects,
10
?
planners.
?
I can't help, but in this
11
?
particular case he was looking for something
12
?
that would have impinged upon our back yard.
13
?
But the point that bothers me,
14
?
as Mr. Bezark has said, that people are very
15
?
conscious that they are going to have air
16
?
conditioning. They have three condensers.
17?
You don't have three condensers unless you
18
?
have a lot of house to air condition. And
19
?
all of a sudden it is going to bother the
20
?
neighbors too much in the back so let's put
21
?
it on the side, and the City has restrictions
22
?
on that, but we can get around that.
23?
I guess what I oppose is that
AAA COURT REPORTING 847-398-7666
16
1?
attitude that people appear to say, well,
2
?
there are restrictions but we can get around
3?
that.
4?
ACTING CHAIRMAN LICHTMAN: I would like
5
?
to thank you for coming out tonight, but I
6?
would like to just say one thing, and that is
7
?
- and I have talked to a lot of people on
8
?
this.?
And many architects will tell you that
9?
the best place to put an air conditioner is
10
?
actually on the side of the house.
11?
MR. BEZARK: So why didn't they leave
12
?
room for it?
13?
ACTING CHAIRMAN LICHTMAN: The ordinance
14?
when it was drafted really is one of these
15
?
ordinances that is out of date, because the
16
?
technology on these air conditioners, the
17?
reason they put they didn't want air
18?
conditioners in the side yard was because of
19?
the noise. And it was predominantly in the
20
?
R-6 neighborhoods where you had 6 foot side
21
?
yards. And it was in the days where the air
22?
conditioners were very noisy.
23?
Well, now, the air
AAA COURT REPORTING 847-398-7666
17
1
?
conditioners have become very quiet. They
2?
are as quiet as a household fan or even a
3?
refrigerator. And so what's happened is that
4?
the ordinance hasn't kept up with the change
5?
in technology. And there is a lot of -- the
6?
intent of that ordinance was really, I
7?
believe, for minimum 6 foot side yard
8
?
requirements.
9?
MR. LASKO:?
Excuse me.?
This house is
10
?
built 6 feet from the line; is it not?
11
?
ACTING CHAIRMAN LICHTMAN: No, it is
12
?
built farther.
13?
MR. LASKO: No, there is a driveway and
14?
then the other house is -- I don't know how
15
?
close the other house is to the driveway.
16?
I feel, as this gentleman did,
17
?
I can't understand that 25 foot side yard.?
I
18?
have driven by there and --
19
?
ACTING CHAIRMAN LICHTMAN: Well, that's
20
?
the total side yards on both sides.
21
?
MR. CROAK: The 25 foot is the combined
22?
side yard of the north and south side. It is
23?
9 feet on the north and 16 feet on the south.
AAA COURT REPORTING 847-398-7666
18
1
?
And the two have to add up to a percentage of
2?
the lot width.
3
?MR. LASKO:
?
There is 16 feet between the
4?
house and the property line on the south
5?
side?
6?
MR. CROAK:?
Yes, that's right.
7?
MR. LASKO:?
If I may, from the
8
?
standpoint of noise, we do have three, not
9?
one air conditioner.?
And yes, air
10?
conditioners today are much more quiet. But
11
?
when they get old, they get noisy.?
I don't
12
?
know how noisy they get because I don't pay
13?
that much attention to it.?
But let's not
14?
judge the amount of noise on a brand new air
15?
conditioner.
16
?
MR. BERNFIELD:
?
Elliot, when you took
17
?
Ms. McDonagh to the other property on
18?
Cloverdale, how many air conditioners were
19?
there?
20?
MR. WICZER: There were three. And we
21
?
ran them.?
That's why we just didn't let her
22
?
go by herself. We had to start the
23?
compressors there. And there wasn't the type
AAA COURT REPORTING 847-398-7666
19
1?
of landscaping that we are proposing here.
2?
MR. BERNFIELD: The same kind of air
3?
conditioners?
4
?
MR. MAHER:
?
Yes, American Standard.
5?MR. LASKO: May I ask how old they are?
6?MR. MAHER: They are about a year and a
7
?
half old now.
8?
MR. BERNFIELD: Are these the quietest
9?
possible air conditioners, compressors that
10?
you can put in?
11
?
MR. MAHER: I am an American Standard
12
?
dealer.?
So yes.
?
I have checked it out, and
13?
Carrier claims they have one that actually is
14?
at 65 db's but only up to three tons. And we
15?
have to have five. And we are 71.
16?
ACTING CHAIRMAN LICHTMAN: And American
17
?
Standard
--
18
?
MR. BERNFIELD:?
That's decibels.
19
?
MR. MAHER:?
Decibels.
20?
ACTING CHAIRMAN LICHTMAN: American
21?
Standard also makes Trane.
22
?MR. PETERSON: Also, there is a house
23
?
being remodeled next door to me. He's got
AAA COURT REPORTING 847-398-7666
20
1?
both air conditioners, been approved by the
2?
City, they are located on the side yard, and
3
?
they got 10 feet to the property line. So
4
?
they meet within the requirements. So this
5?
one is even farther back.
6
?
And I don't have a problem.
7?
Even my yard is 6 feet side yard and two air
8?
conditioners are sitting right on that. Most
9
?
50 foot lots, they were built when
10?
remodelings were done before 1957, you will
11
?
see them all in the side yard because it
12?
kills the back yard if you are ever going to
13?
do anything to it. And the best place to
put
?14
?
it is the side yard because that's the
15
?
deadest part.
16
?
MR. BEZARK: Why doesn't the house be 3
17
?
feet narrower and had room for it?
18
?
MR. PETERSON: You could say a lot of
19?
reasons for that. When it comes down to air
20
?
conditioning units, not everybody thinks
21?
about every little thing there is. These
22
?
units at this point, with the noise that it
23
?
produces is so minimal, that a lot of times
AAA COURT REPORTING 847-398-7666
...
21
1?
afterthoughts come in after a house is built.
2
?
MR. BERNFIELD: If you had any evidence
3
?
whatsoever that this was not an afterthought,
4?
but that this was planned, then I could hear
5?
you better.
6
?
MR. WICZER:
?
No, this was an after-
7
?
thought.
8
?
MR. BERNFIELD:
?
I understand that. Mr.
9?
Bezark is saying you should have anticipated.
10
?
MR. WICZER: You know what? Building is
11
?
an art, it is not precise. And we are coming
12
?
before you. We have a big home. We are not
13
?
asking for any other variation, nothing. And
14
?
the bottom line is that I am telling you that
15
?
we can't cool this house if it is in the
16?
back.
17
?
But more importantly, the
18
?
neighbor that is most affected, I believe,
19
?
based on the evidence we made with her, both
20
?
on the landscape and doing the test, I think
21
?
I can say would rather have it here than
22
?
there.
23
?
And plus, our problem with
AAA COURT REPORTING 847-398-7666
22
1?
cooling the home, so I clearly understand
2?
what our neighbors on Linden are saying, I
3?
don't disagree with them. But if we put them
4
?
in the back, you have heard what I had to
5
?
say.?
It is clearly an afterthought, but it
6?
is not precise building all the time. Things
7?
happen, and --
8
?
MR. PETERSON: Not only that, you dealt
9?
with the neighbor that's directly affected by
10
?
this, and did a lot of research on it, and
11?
plus you did an excellent landscape plan.
12?
MR. WICZER: But more important than
13?
anything, honestly, is that when you total it
14
?
up, unlike a lot of the variations for
15?
improvement, remodeling, additions, bay
16
?
windows that came before you before this, no
17
?
one is going to see it.
18?
The question was, is anybody
19?
going to hear it? And we have resolved that
20
?
with Ms. McDonagh. She is over 45 feet away
21?
from these units in her kitchen window. She
22?
is going to be inside with the window open.
23
?
She
is fine with it. She accepted it.
AAA COURT REPORTING 847-398-7666
23
1?
MR. BERNSTEIN:
?
Mr. Bezark, Dr. Lasko --
2?
or Mr. Lasko? Are you a doctor?
3?
MR. LASKO:
?
No.
4?
MR. BERNSTEIN: You weren't on the
5?
notice list. How did you know about the
6
?
hearing tonight?
7?MR. LASKO:?
We saw --
8
?
MR. BERNSTEIN:?
In response to the sign?
9?
MR. LASKO:?
Yes.
10?
ACTING CHAIRMAN LICHTMAN: Okay. We
11
?
have one more person who would like to
12?
testify.
?
I am going to have to swear you in,
13?
ma'am.
14?
(Whereupon the oath
15?
was duly administered.)
16
?
ACTING CHAIRMAN LICHTMAN: Please state
17?
your name for the record.
18
?
MS. BEZARK: Mary Jane Bezark, also at
19?
1384 Linden.
20
?
ACTING CHAIRMAN LICHTMAN: Okay.
21?
MS. BEZARK: The only thing I wanted to
22?
say is, what happened to the back yard?
23?
There was a point made that there was
no
AAA COURT REPORTING 847-398-7666
24
1?
variance granted, but there were 26 mature
2?
trees in that back yard that got a variance
3?
to be chopped down. What is the back yard?
4?
Why isn't there room for lots of things in
5?
it? That's all I wanted to say.
6?
ACTING CHAIRMAN LICHTMAN: Thank you.
7
?
Okay. At this point in time
8?
let's close the proofs.
9?
Let's have a little bit of
10
?
discussion.
?
Glen?
11
?
MR. BERNFIELD: Any time that we get a
12
?
request for a variance on new construction I
13
?
am troubled. But based upon the testimony
14
?
that we have had here,
we
have heard nothing
15
?
to the contrary, this was an afterthought
16?
that appears to be better for the property
17
?
and for the neighbor. And so I think that
18
?
there is a hardship here, and I reluctantly
19
?
am in favor.
20
?
ACTING CHAIRMAN LICHTMAN: Anybody else
21?
want to say anything?
22
?
MR. BERNSTEIN: The only thing I wanted
23
?
to add
is I want to
make a point that I
AAA COURT REPORTING 847-398-7666
25
1?
appreciate the neighbors came out tonight,
2?
because in our experience with Linden Avenue
3
?
there is a very strong sense of community on
4
?
that street.?
I know we had several cases
5?
about a year or two ago regarding height
6
?
issues, and we appreciated the neighbors
7?
coming out then, and we appreciate them
8
?
coming out tonight.?
It is nice to know they
9?
care enough about the neighborhood to come
10?
out on a Thursday night at 9:00 to talk about
11
?
air conditioners.
12
?
MR. BERNFIELD:
?
I don't want my comments
13
?
to have them feel that their feelings were
14
?
ignored, because I don't think they were.
15
?
And I certainly share their views.?
I mean,
16
?
but you have to understand that the purpose
17
?
of our Zoning Board here is we recognize that
18
?
our ordinances don't always fit every
19?
property and sometimes people are entitled to
20
?
exceptions. And we want to be able to give
21
?
people exceptions where we feel that they are
22
?
entitled to them. So there is always a
23
?
reluctance to give it, but we are looking for
AAA COURT REPORTING 847-398-7666
26
1?
situations that warrant it.
2
?
ACTING CHAIRMAN LICHTMAN: I would like
3?
to .say a couple things.?
I would like to
4
?
thank the neighbors for coming out. And I
5?
think it is important that when people feel
6?
strongly about something, even though they
7?
are not directly affected, that they speak
8?
their mind.
9
?
I think that I am not bothered
10
?
by this because I understand from somebody
11
?
who is in the middle of this process right
12
?
now, and I understand that these air
13
?
conditioners now have become very quiet.
14?
I think that in many
15?
instances, I think the City ought to revisit
16
?
this area of the ordinance because I think
17
?
that many times it creates a very difficult
18?
burden on homeowners because there is many
19?
homeowners right now that have air
20?
conditioners that are in the side yards, that
21
?
have been there time after time, and then
22?
when they go to replace it and the contractor
23
?
says, "you know, I think I need to get a
AAA COURT REPORTING 847-398-7666
27
1?
permit," they would have to come before us
2?
for a variation or maybe just forget about it
3?
and, do it.
4?
MR. CROAK: We did an amendment about a
5?
year ago that says you can replace existing.
6?
ACTING CHAIRMAN LICHTMAN: I just think
7
?
that this is a tough ordinance, and I think
8?
if they can prove they are putting a quiet
9?
one in, I think it would help the people in
10
?
this building process. Because the air
11?
conditioners many times do become an
12
?
afterthought and nobody ever recognizes that
13?
they are detached accessory structures within
14?
the provisions df our building code.
15?
So that's all that I have to
16?
say.?
I think the City should think about
17
?
revisiting this area.
18
?
Is there any motion on this?
19
?
MR. BERNSTEIN: Mr. Chairman, I move
20
?
that we approve the variation as requested,
21
?
subject to and conditioned upon the
22?
implementation of the landscape plan dated
23
?
June 13, 2005 that was submitted tonight.
AAA COURT REPORTING 847-398-7666
28
1?
ACTING CHAIRMAN LICHTMAN: Is there a
2
?
second?
3?
MR. PETERSON:?
I second.
4
?
MR. BERNFIELD:?
I second.
5?
ACTING CHAIRMAN LICHTMAN: Okay. We
6
?
have a motion that's been made by Member
7
?
Bernstein, seconded by Member Bernfield.
8?
All those in favor of the
9?
motion say "aye",
10?
(Whereupon there was a
11
.
?unanimous chorus of ayes.)
12?
ACTING CHAIRMAN LICHTMAN:
13
?
Congratulations, your zoning variation
14?
request has been granted. Good luck with
15
?
your construction.
16
17?
(End of hearing.)
18
19
20
21
22
23
AAA COURT REPORTING 847-398-7666
29
1?
STATE OF ILLINOIS )
2
3?
COUNTY OF C 0 0 K )
4
5
6?
I, RANDY BARINHOLTZ, a Certified
7
?
Shorthand Reporter, so certified by the State
8?
of Illinois, do hereby certify that on the
9?
21st day of July, 2005, I reported in
10?
shorthand the hearing of the above-entitled
11
?
matter at 1707 St. Johns Avenue, Highland
12?
Park, Illinois, and that the foregoing is a
13?
true and correct transcript of my shorthand
14
?
notes so taken at said hearing.
15
16
17
18
19
20
21
22
23
?
-.
AAA COURT REPORTING 847-398-7666
EXHIBIT F
July 2, 2005
To Whom It May Concern:
I have seen the proposed location for the air conditioner compressors
and do not object to the Michelons placing them as drawn on the south
side of the garage.
E
EXHIBIT G
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ini
t
TOTAL
i?
3i
EXISTING TREE TO REMAIN
17-71t.,
e I EXISTING TREE TO BE REMOVED
BITE PLAN
SCALE:
r
20t-02
