VILLAGE OF GURNEE
                               JOINT PUBLIC HEARING 
                                      OF THE
                                  PLAN COMMISSION
                                        AND 
                              ZONING BOARD OF APPEALS


                                  PUBLIC HEARING
                                       held
                                  February 9, 2000
                                      7:00 PM


                             GURNEE MUNICIPAL BUILDING
                              325 North O'Plaine Road
                                 Gurnee, Illinois


                 PLAN COMMISSION:
                      LYLE FOSTER, Chairman
                      BILL FINN
                      KATHRYN McDERMOTT
                      FRANK PAPP
                      CHERYL ROSS
                      JIM SULA

                 ZONING BOARD OF APPEALS:
                      ED CLARK
                      TOM HOOD
                      DAVID KAUFFMAN
                      STEPHEN PARK
                      BARBARA THOMA

                 ALSO PRESENT:
                      JON WILDENBERG
                      TRACY VELKOVER
                      BARBARA SWANSON
                      AL "BUTCH" MAIDEN


          1                 CHAIRMAN FOSTER:  Good evening.  I 

          2      would like to call to order tonight's joint 

          3      meeting of the Planning Commission and Zoning 

          4      Board of Appeals for a public hearing.

          5                      I would like to first tonight go 

          6      through the roll call for the Planning 

          7      Commission, please.

          8                 MS. VELKOVER:  Ross.

          9                 MS. ROSS:  Here.

         10                 MS. VELKOVER:  Sula.

         11                 MR. SULA:  Here.

         12                 MS. VELKOVER.  Finn.  

         13                      Absent.

         14                      Papp.

         15                 MR. PAPP:  Here.

         16                 MS. VELKOVER:  Winter.  

         17                      Absent.

         18                      McDermott.

         19                      Absent.

         20                      Foster.

         21                 CHAIRMAN FOSTER:  Here.

         22                      Tom gave me permission to also 

         23      call for the roll call of the Zoning Board of 

         24      Appeals so let's have that, please, too.

          1                 MS. VELKOVER:  Thoma.

          2                 MS. THOMA:  Here.

          3                 MS. VELKOVER:  Park.

          4                 MR. PARK:  Here.

          5                 MS. VELKOVER:  Kauffman.

          6                 MR. KAUFFMAN:  Here.

          7                 MS. VELKOVER:  Hood.

          8                 MR. HOOD:  Here.

          9                 MS. VELKOVER:  Clark.

         10                      Absent.

         11                 CHAIRMAN FOSTER:  Okay.  Thank 

         12                 you.

         13                      I don't see it on the agenda, but 

         14      we might as well have our Pledge of Allegiance to 

         15      the flag.

         16                           (Whereupon, the Pledge of

         17                            Allegiance was said.)       

         18                 CHAIRMAN FOSTER:  No. 2 on the agenda 

         19      is the joint workshop minutes for both the 

         20      Planning Commission and the Zoning Board of 

         21      Appeals.  I'll ask for a motion from the Plan 

         22      Commission for discussion about the minutes.

         23                 MR. SULA:  So moved.

         24                 CHAIRMAN FOSTER:  Is there a second?   

          1             MS. ROSS:  Second.

          2                 CHAIRMAN FOSTER:  There is a second.

          3                      Any additional discussion?    

          4                 (No verbal response.)

          5                 CHAIRMAN FOSTER:  If not, I'll call 

          6      for the roll call, please.

          7                 MS. VELKOVER:  I'm sorry.  We're doing 

          8      the Plan commission?           

          9                 CHAIRMAN FOSTER:  Yeah, we're doing 

         10      the Plan Commission.

         11                 MS. VELKOVER:  Ross.

         12                 MS. ROSS:  Aye.

         13                 MS. VELKOVER:  Sula.

         14                 MR. SULA:  Aye.

         15                 MS. VELKOVER:  Papp.

         16                 MR. PAPP:  Aye.

         17                 MS. VELKOVER:  Foster.

         18                 CHAIRMAN FOSTER:  Aye.

         19                      For the Zoning Board of Appeals 

         20      is there a motion to approve the minutes?

         21                 MR. KAUFFMAN:  So moved.

         22                 CHAIRMAN FOSTER:  Is there a second?

         23                  MS. THOMA:  Second.

         24                 CHAIRMAN FOSTER:  Any additional 
         
          1                  Dicussion?

  	    2                 (No verbal response.)

          3                 CHAIRMAN FOSTER:  If not, we'll call 

          4      for the roll call vote, please.

          5                 MS. VELKOVER:  Thoma.

          6                 MS. THOMA:  Yes.

          7                 MS. VELKOVER:  Park.

          8                 MR. PARK:  Yes.

          9                 MS. VELKOVER:  Kauffman.

         10                 MS. KAUFFMAN:  Yes.

         11                 MS. VELKOVER:  Hood.

         12                 MR. HOOD:  Yes.

         13                 CHAIRMAN FOSTER:  That motion is 

         14      carried as well as the Planning Commission 

         15      motion.

         16                      This is a public hearing on 

         17      proposed amendments to the Gurnee Zoning 

         18      Ordinance.  I would ask -- Tracy, are you 

         19      handling the staff report?  Could you just give 

         20      us a staff report.

         21                 MS. VELKOVER:  Sure.  Please take a look

         22       at the February 4th, 2000 draft of the text amendments 

         23       on group homes.   After the last workshop session on 

         24       January 10th, we made some modifications to the draft

          1 based on what you had wanted to see.  

          2                      For example, for the definition 

          3      of community residents we took out the word 

          4 "relatively" in reference to persons living in a group   

          5 home on a relatively permanent basis.  The removal of this

          6 word reflects that residents in a group home would occupy 

          7 the unit on permanent basis versus a relatively permanent basis. 

          8                      Under the definition of persons 

          9      with disabilities the Boards asked that we add, 

         10      wording that ensures that the definition does not include

         11      anybody in the current illegal use of, or addicted 

         12      -- I'm sorry -- in the current illegal use of 

         13      or addicted to a controlled substance.  So we 

         14      added "or alcohol" to line 4 to ensure that somebody who  

         15      is addicted or using alcohol is not included in the 

	   16 definition.  The intent is to make is clear that group homes

	   17 do not include an alcoholic treatment center. 

         18                           (Ms. McDermott entered.)

         19                 MS. VELKOVER:  And then on the fourth 

         20      page under community residence requirements we 

         21      had a request to reorder the requirements.  There 

         22      are four criteria that have to be met in order 

         23      for group homes to be permitted uses in certain 

         24      districts.  And we reordered Item No. 1 and Item No.

          1       2.  We switched those around.  

          2            In addition, for item No. 4, which is the 

          3      requirement that first occupancy be give to --

          4      or first preference for occupancy be given to 

          5      persons who currently live or reside in the 

          6      village or children or parents of persons who

          7      reside in the village, we added wording that this

          8      requirement can be met by submitting a written

          9      statement that indicates this is the provider's policy. 

          10     This was done because there was some uncertainty about

         11      how the provider could show that they are meeting that 

         12      requirement.    We still have that reference in the draft 

         13      ordinance that this requirement is to be done to the 

         14      greatest extent permissible under state and 

	   15      federal laws. 

         16                      And then there were some other 

         17      changes that were made to the ordinance in 

         18      addition to these changes and, again, these 

         19      changes were requested by the Boards.  

         20                      But as staff looked through the 

         21      draft ordinance we had some concerns, and most of 

         22      those concerns centered on the treatment of group 

         23      homes in multi-family districts.  

         24                      The previous draft ordinance had 


          1      two types of group homes, a family group home 

          2      which allowed up to six persons and then a group 

          3      community residence which allowed seven to 16 

          4      people per unit and, again, that was -- usually 

          5      that was in a multi-family zoning district.  

          6                      We started thinking about the 

          7      actual application of that and whether you could 

          8      ever have seven to 16 people living in one unit.  

          9      One unit in a multi-family district could be one 

         10      dwelling unit -- or I'm sorry -- one unit of a 

         11      duplex, one unit of a townhome, or it could be

         12      one apartment within an apartment building, and 

	   13      I don't think you could ever get seven to 16 

         14      people living in one unit -- because of building 

         15      code issues and --- and other concerns.   So what

         16      we did in the draft before you is we've eliminated

         17      the group community residence, which is the larger

         18      group home-- the one for seven to 16 persons, and

         19      what we've done is we've -- we've utilized the 

         20      family community residence only, which is the smaller

         21       group home that allows up to six persons and 

         22       -- I think the best way to go through this and 

         23      show you how the draft ordinance has changed is to  

         24      look at this chart over here. 

          1                      In the R-1 through R-3 

          2      districts which are our single family districts 

          3      it doesn't change at all.  Up to six persons 

          4      would be permitted in each of these districts   

          5      if they are able to meet the four standards 

          6      that we've talked about in past workshop sessions

          7       which include -- they have to be located 

          8      at least 1,320 feet from any existing family 

          9      community residence, they have to meet our 

         10      parking ordinance, they have to demonstrate that 

         11      a license or a certificate from the state has 

         12      been obtained and that they have to provide first 

         13      preference to residents or children of parents 

         14      who live in the village. 

         15                      If they can't meet any of these 

         16      standards in the R-1 through R-3 districts then 

         17      it becomes a special use and that's pretty much 

         18      the -- it's identical to the way the previous 

         19      draft ordinance read. 

         20                      It starts getting different in 

         21      the R-4 through R-6 districts.  The R-4 district 

         22      allows both single family and two family units 

         23      and what we've done is we've broken the family 

         24      group homes into the unit type --- whether they're 

          1      permitted or a special use by the type of unit 

          2      that's actually located in the district. 

          3                      For example, if you had a single 

          4      family home in an R-4 district it would be 

          5      permitted by right if they can meet the four standards

          6      noted earlier.  However, if they can't then it's a 

          7      special use. 

          8                      If it's located -- if a group 

          9      home wants to locate in a duplex unit they would 

         10      be permitted by right in the first unit and then 

         11      anything over the first unit in the duplex, which 

         12      would be the second unit, would be required to  

         13      secure a special use permit. 

         14                      Again, the first unit if it can't 

         15      meet those four standards -- any one of those 

         16      four standards, would have to be kicked into the 

         17      special use standard -- or special use permit process. 

         18                      In the R-5 district we have 

         19      different types of units that are permitted in 

         20      the R-5 district.  We can have single family 

         21      homes, we can have duplexes, we can have 

         22      townhomes and we can have apartment buildings.   

         23                      And, again, the way this 

         24      ordinance is structured group homes are either 

          1      permitted or special uses depending upon what type 

          2      of structure they're in.  

          3                      In a single family home located in 

          4      the R-5 district it would be a permitted use, 

          5      if they can meet all four standards.  If they 

          6      can't it's kicked into a special use category. 

          7                      The same way for duplex - it is a 

          8      permitted use for the first duplex unit if they 

          9      can meet those four standards.  However, if any 

         10      of the four standards can't be meet, then it

         11      would require a special use permit.

         12                      It gets a little bit more 

         13      complicated with towhome buildings and multi-

         14      family buildings ---- and what we've done with the 

         15      draft ordinance is we've differentiated group 

         16      homes that are in townhome buildings and multi-family

	   17      buildings with common entrances from towhome  

         18      buildings and multi-family buildings without  

         19      common entrances.  

         20                      And what we've done is when you 

         21      have common entrances to multiple units, 

         22      for example, either in a townhome or in an 

         23      apartment building, the first unit would require 

         24      a special use permit.  
    
          1                      That's because you have a common 

          2      entry where the people both, you know, the group 

          3      home and the traditional residential situation

          4      are mixed.  There's no separation between those two. 

          5                      So what we did was -- the draft  

          6      ordinance treats townhome units without common 

          7      entrances and multi-family buildings without 

          8      common entrances the first -- I'm sorry -- with 

          9      common entrances.  Let me back up.  

         10                      In townhome and multi-family buildings 

         11      that have common entrances the first unit requires a 

         12      special use permit, because there is no separation

         13      between the residents of the group home and the

         14      residents of the other units.

         15      The second unit, of course, would also require a

         16      special use permit.   Again, the four requirements noted

         17      earlier would have to be met.  If any couldn't be met

         18      then a special use permit would be required to 

	   19      address this inability.   

	   20             The way that this draft ordinance has

         21      been crafted if to require a situation where you have

         22      more than two units in a building with a common 

         23      entrance to secure not only a special use permit, but

         24       also a variation.  

          1                      And the reason for that is 

          2      because once you start getting more than two 

          3      units per building, either in a townhome or 

          4      a multi-family apartment building, you start to 

          5      get into more of an institutional situation which 

          6      the Fair Housing Act was really trying to avoid.  

          7      This act tries to disperse the group homes so that 

          8      persons aren't in an institutional environment. 

          9                      And then in the R-5 district if 

         10      you have a townhome building or a multi-family 

         11      building that has private entrances because there 

         12      is that separation with the private entrances the 

         13      first unit would be permitted by right and 

         14      then -- and the second unit would have to go 

         15      through the special use permit.  

         16                      And, again, the first unit if 

         17      they're not able to meet any one of those four 

         18      standards they would, again, be kicked into the 

         19      special use. 

         20                      And just like the units with 

         21      common entrances units that have private 

         22      entrances once you get to two or more units -- or 

         23      I'm sorry -- more than two units that would be 

         24      kicked into both a special use and a variation 

          1      process. 

          2                      In the R-6 district what 

          3      we've done is a little different than the R-5 

          4      district and let me explain that.  For a single 

          5      family home in the R-5 district a group home would

          6      permitted by right.  In a single family home in 

          7      the R-6 district it would require a special use 

          8      permit.  

          9                      The reason for that is a 

         10      single family home, even if it's not a group home, 

         11      a straight single family home, is not a permitted 

         12      use in the R-6 district currently.  It's a 

         13      special use.  So we treated group homes the same 

         14      way in the R-6 district that we treat traditional 

         15      single family homes. 

         16                      In a duplex it's the same thing.  

         17      In the R-6 district duplexes are not permitted by 

         18      right.  They are special uses.  So if one unit or 

         19      two units of a duplex wanted to convert into a 

         20      group home it would require -- even the first 

         21      unit would require a special use permit and the 

         22      second unit, also. 

         23                      And then for the R-6 district the 

         24      townhomes and the multi-family buildings are 

          1      treated the very same way as the R-5 district.  

          2      If you have common entrances where there's a mix 

          3      of the group homes and the traditional residential unit

          4      then even the first unit is a special use, the 

          5      second unit would be a special use, also, and 

          6      more than two units would be a special use and a 

          7      variation. 

          8                      If you had a townhome 

          9      unit or -- and a multi-family building that had 

         10      private entrances where there is separation we 

         11      would allow the first unit as a permitted use.  

         12      Again, as long as they can meet all four 

         13      criteria.  Second unit would be a special use.    

         14                     Again, it would be a special use 

         15      if they couldn't meet any of those criteria and 

         16      more than two units would be a special use and a 

         17      variation. 

         18                      Clear as mud?  What we tried to 

         19      do was to look at the various types of units that 

         20      we have around town and we tried to look at what, 

         21      realistically, could happen.  The intent of 

         22      the Fair Housing Act is to try to get group homes  

         23      integrated into traditional neighborhoods; not

         24      institutional settings. So what we tried to do was look 

          1      at units within a building, if it was a 

          2      multi-family building, a townhome or a duplex, 

          3      and regulate how many units within each 

          4      building could potentially convert over to group 

          5      homes. 

          6                      The separation is still the same,  

          7      the 1,320 feet.  That's something that you may want to 

          8      discuss in the multi-family district.  You may 

          9      want to, you know, take a look at maybe reducing 

         10      that distance somewhat, but we kept it at 

         11      the 1,320 and we feel that this is a better 

         12      ordinance than what was previously drafted 

         13      because the -- the previous draft you really 

         14      couldn't accommodate seven to 16 people per unit.  

         15      It was not a very realistic ordinance.

         16                 CHAIRMAN FOSTER:  Thank you, Tracy.  

         17      We appreciate the time and thought that's gone 

         18      into the recommendations that you've made 

         19      tonight. 

         20                      Because this is a public hearing 

         21      tonight I'm going to ask that any members of the 

         22      audience that wish to testify or provide comment 

         23      in terms of this ordinance if they would stand at 

         24      this time so that they can be sworn in by the 

          1      village attorney.  

          2     (No verbal response.)

          3                 CHAIRMAN FOSTER:  If there are no 

          4      individuals who wish to do such we will continue. 

          5                      I would like to just then go over 

          6      the formalities of the members of the Planning 

          7      Commission and the Zoning Board who have comments 

          8      and questions on what we have before us tonight.  

          9      Tracy has gone over some of the updates and, Jon, 

         10      Kirk and Butch, please feel free to chime in as 

         11      well.  

         12                      Are there any particular 

         13      questions or comments?  We've had some additional 

         14      changes tonight.  

         15                      Yes, Mr. Sula.

         16                 MR. SULA:  First to staff I think they 

         17      did a great job of making this thing a little 

         18      more manageable for us and I for one appreciate 

         19      it. 

         20                      I guess the only question I have 

         21      for discussion on the revisions is in the -- in 

         22      the meeting notes that were provided here in 

         23      terms of what's happening in the marketplace 

         24      outside of the Gurnee area with other employers, 

          1      do we want to have a two tier approach for the 

          2      number of people per unit.  

          3                      It seems then that the six works 

          4      out okay in the single family in that location, 

          5      but there are a couple examples here of four per 

          6      unit in the -- in the multi-family including 

          7      duplex applications. 

          8                 MS. VELKOVER:  And, again, that might 

          9      get to be where you want to talk about the 

         10      separation.  We're actually talking -- in most of 

         11      the situations that you see here that we've 

         12      talked to the other group home providers Anixter 

         13      (phonetic), Glenkirk they do occasionally take a 

         14      duplex unit and they'll put four persons in each 

         15      side of the duplex and the way our ordinance is 

         16      crafted right now you could put six persons in 

         17      each side of the duplex.  So it is judgment. 

         18                 MR. SULA:  I guess what I was opening 

         19      for discussion is whether we want to parallel 

         20      that in the duplex to go to four instead of six.

         21                 MS. VELKOVER:  Four instead of six.  

         22      Okay. 

         23                 MR. SULA:  I personally like the 

         24      separation of the 1,320.  I really don't see any 

          1      reason personally to want to change that.  I 

          2      would be in favor of -- of four persons per unit 

          3      in a duplex and other multi-family applications 

          4      as opposed to the six in the single family. 

          5                 CHAIRMAN FOSTER:  Any thoughts, any 

          6      comments, any discussion?  

          7                      Yes, Jon.

          8                 MR. WILDENBERG:  Would that mean you 

          9      would also include townhome units and apartment 

         10      units? 

         11                 MR. SULA:  I think so because I think 

         12      the -- what I'm sensing in the background from 

         13      the other applications is perhaps while the 

         14      building itself might be a larger building the 

         15      individual units are smaller and probably not 

         16      practical to have more than four -- four persons 

         17      living in a given unit even though your typical 

         18      size is going to be two, possibly three bedrooms 

         19      as opposed to single family homes are 

         20      predominantly three and more often four in our 

         21      community.  

         22                 CHAIRMAN FOSTER:  Thank you. 

         23                      Yes, sir.  

         24                 MR. PARK:  I'd like to ask a couple of 

          1      questions if you don't mind.  I'm trying to 

          2      understand some of the changes you made, first of 

          3      all.  Let me go to one that is a little confusing 

          4      to me.  

          5                      In the R-6 you state that the 

          6      single family dwelling unit and the duplex 

          7      dwelling unit are not permitted uses but special 

          8      uses and, therefore, an applicant who wanted to 

          9      build a single family home in ten -- one of them 

         10      in an R-6 unit would have to come in for a 

         11      special use permit.  I understand that.  

         12                      My question is how is that 

         13      relevant to putting a group home in one of those 

         14      dwelling units that may exist in the R-6 or may 

         15      in the future exist in the R-6.  I sense them as 

         16      two different decisions in my mind, but somehow I 

         17      think they're commingled in this proposal.  

         18                      If Joe Builder came in in the R-6 

         19      units next year and put in a dozen homes in an 

         20      R-6 district with the approval of the Plan 

         21      Commission and the Village Board he goes and 

         22      builds it, two years later a group home provider 

         23      wants to put the group home -- a family -- bear 

         24      with my imprecise language -- wants to put a 

          1      group home into one of those single family units 

          2      he would still need -- even though the single 

          3      family is an approved use that they had built he 

          4      would still need a special use.  

          5                      I don't -- I think the land use 

          6      decision versus the occupancy decision are being 

          7      commingled and I'm not sure that was your intent.  

          8      Did I miss something? 

          9                 MR. WILDENBERG:  No.  That's a good 

         10      question.  

         11                 MR. MAIDEN:  I think one of the issues 

         12      just the consistency in the ordinance is in other 

         13      situations we usually don't allow amending a 

         14      special use without having another hearing and 

         15      that was just one -- 

         16                 MR. PARK:  But you wouldn't be.        

         17                 MR. MAIDEN:  The single family home is 

         18      a special use and if -- I guess what we're 

         19      concerned with is what if someone came in and 

         20      wanted to build one, you know, immediately it 

         21      would appear if we allow it as a permitted use 

         22      and there's a vacant lot zoned R-6 and they 

         23      wanted to come in and say well, it's a permitted 

         24      use, I just want to build this group home.  Well, 

          1      then two years later they sell it as a single 

          2      family home it's no longer a special use.  

          3                      We're just trying to keep 

          4      consistency with the existing ordinance.  Now, we 

          5      could possibly put in if you want that it -- to 

          6      say that if it's previously been granted a 

          7      special use for a single family home a group home 

          8      is permitted.  

          9                      I just don't know how consistent 

         10      that is with other parts of your -- the other -- 

         11      maybe we can consider that a -- a minor change to 

         12      the special use so you don't have to have another 

         13      hearing.  It just goes to the Board or something.  

         14                      We're just trying to stay 

         15      consistent with all the -- 

         16                 MR. PARK:  And all I'm saying is the 

         17      land use decision is one step and if it's good to 

         18      have a single family home out there we've already 

         19      said in a single family home one of these 

         20      facilities is legitimate and to be encouraged 

         21      provided it meets all the other requirements.  

         22                      I also -- to respond I don't have 

         23      any problem at all with the 1,320 distance. I 

         24      think it's very reasonable.  You know, it's -- 

          1      it's not magic, you know, 1,000, 15, 13.  It's a 

          2      quarter mile.  That's fine.  I think people can 

          3      understand that.  

          4                      One additional question I have 

          5      you distinguish here on R-5 and R-6 very 

          6      significantly buildings with common entrances 

          7      versus those without.  I would like to hear a 

          8      little bit more why those are important 

          9      distinctions for this type of facility.  Why the 

         10      staff thought those should be differentiated or 

         11      consulted. 

         12                 MR. MAIDEN:  I think we did look at 

         13      some of the existing development we have in town, 

         14      whether like a townhome situation, if it is a 

         15      coach home style arrangement where you have one 

         16      entrance and there's four units off that entrance 

         17      and really if it happens as a permitted situation 

         18      by right.  

         19                      Let's say you own your 

         20      condominium, you will have no notice whatsoever 

         21      before other individuals start a group home where 

         22      you're all -- your children and your family are 

         23      all going to be part of that same common 

         24      corridor.  You have no opportunity to make a 

          1      separation.  

          2                      At least if you have a townhome 

          3      where there's -- you have your entrance, they 

          4      have their entrance at least you have some 

          5      opportunity if you want to put up a fence or 

          6      landscape or something.  You at least have 

          7      something to do the separation.  

          8                      Now, if they apply for a special 

          9      use and they can prove up to standards they still 

         10      may be able to be next to you but at least 

         11      there's some notification for families that are 

         12      in a common entranceway.  

         13                      And we were -- so -- we do have 

         14      some units that, you know, 20, 30 units in a 

         15      building and they're all part of the same common 

         16      corridor.  If we suddenly open it up by permitted 

         17      use with no notice to anyone that here's a group 

         18      home we were concerned with that -- the fact that 

         19      we would have that many units with a common 

         20      relationship.

         21                 MR. PARK:  I think I -- I understand.  

         22      Let me try and rephrase it just slightly.  If 

         23      somebody wanted to come in to one of those 

         24      categories in the R-5 district let's say where 

          1      there is a common entrance then they would have 

          2      to apply for a special use proving that they meet 

          3      the standards in the ordinance?

          4                 MR. MAIDEN:  Yes.  

          5                 MR. PARK:  But at least that would 

          6      provide notification for the neighboring owners, 

          7      not necessarily the occupants because that may be 

          8      a renter, but the owners would have -- okay.      

          9                 MR. MAIDEN:  And they would have the 

         10      right -- if they could come and testify and prove 

         11      some reason why that special use shouldn't be 

         12      granted they at least have that right to come and 

         13      be heard.

         14                 MR. PARK:  Okay.  Another question is 

         15      I'm a touch confused and let me use the duplex as 

         16      the simplest answer.  If I'm in the R-4 zoning 

         17      district and I have a group home facility with 

         18      six residents I can march in and do it.  

         19                      If, however, I choose as a 

         20      Glenkirk or whoever they are to purchase both 

         21      halves of the unit and combine them is that a 

         22      second facility or is that one home?  I've 

         23      combined them.  I've physically connected them.   

         24                      Is that two facilities because -- 

          1      or is that one unit that's just been enlarged? 

          2                 MS. VELKOVER:  You still have two 

          3      kitchens and two separate -- 

          4                 MR. PARK:  Yeah.

          5                 MS. VELKOVER:  But they're physically 

          6      connected, you can get between -- 

          7                 MR. PARK:  Yeah.  And they operate 

          8      together.  And they operate together.  That 

          9      allowed me extra elbow room that that unit wanted 

         10      to have.  

         11                      It's less of an issue here 

         12      with -- in my mind with multi-family.  It happens 

         13      in the city quite a bit where somebody buys, you 

         14      know, a two bedroom and a one bedroom and 

         15      combines them, you know, and that's in a condo 

         16      situation or apartment situation that can happen 

         17      quite often, but it can also happen in a duplex.

         18                 MS. VELKOVER:  Anytime there is a 

         19      second kitchen involved that's seen as a second 

         20      unit.  We don't allow second full kitchens to be 

         21      in a single family building.  Single family home.  

         22                 MR. PARK:  So that's a building code 

         23      issue or zoning code issue?  

         24                 MS. VELKOVER:  Yes.  So that would be 

          1      seen as a second unit.

          2                 MR. PARK:  Okay. 

          3                 MS. VELKOVER:  Correct me if I'm 

          4      wrong.  

          5                 MR. WILDENBERG:  That there situation 

          6      it would have to come to public hearing.

          7                 MR. PARK:  Now, then the question I 

          8      would have just to clarify again if they wanted 

          9      to do that and have even only six people in both 

         10      units they would still have to come in for a 

         11      special use; is that correct?

         12                 MR. WILDENBERG:  That's the thought.  

         13      Yeah.  Once you look to occupy that with what 

         14      once was the second unit or still might be the 

         15      second unit of a duplex then it kicks into 

         16      special use.  

         17                 MR. PARK:  Okay.  Now, if they get rid 

         18      of the kitchen do they have to do that?

         19                 MR. WILDENBERG:  Well, I think that's 

         20      subject to discussion here.  We have to examine 

         21      the specific proposal and layout and so forth in 

         22      that area.

         23                 MR. PARK:  Thanks.  Thank you.         

         24                 CHAIRMAN FOSTER:  Yes, sir.  

          1                 MR. MAIDEN:  As Mr. Sula was 

          2      mentioning do you want to make an exception for 

          3      your example that it would be a permitted use if 

          4      there's eight people in a duplex?  Am I right?    

          5                 CHAIRMAN FOSTER:  Were you saying a 

          6      permitted use, Mr. Sula?

          7                 MR. SULA:  I was saying four per unit 

          8      but argueably if somebody did that it would no 

          9      longer be a duplex.  It would be a single family 

         10      home in which case it would probably be the six 

         11      by the code.  Or the ordinance drafted here.  

         12                      I mean it's kind of an odd -- it 

         13      would really be an interesting discussion if 

         14      somebody actually proposed to do that and I would 

         15      think you would get into all kinds of terms of 

         16      real estate timing and deeds and all those other 

         17      complicated things if somebody tried to make a 

         18      duplex -- two duplexes into one single family 

         19      unit.

         20                 MR. MAIDEN:  But that's part of what 

         21      we're trying to prevent that if they convert back 

         22      and they sell it three years from now.  We're 

         23      trying to make it easy for them to convert back 

         24      if they suddenly want to go back to just being a 

          1      conventional duplex.  Because I think by giving 

          2      them the special use procedure -- 

          3                 MR. SULA:  I think they should go 

          4      special use.  I don't think we should try to call 

          5      that permitted.  It should be a special use 

          6      probably with a variation, something that 

          7      strange, trying to convert a duplex to single 

          8      family.  

          9                      Just a point of clarification for 

         10      me, one's a pragmatic question and one's just an 

         11      educational curiosity.  Do we have any cases of 

         12      single family homes in our R-6 district right 

         13      now?  Are there a lot of them or -- 

         14                 MS. VELKOVER:  I don't think so, but 

         15      we do have some.  

         16                 MR. SULA:  Less than a dozen or -- 

         17                 MR. WILDENBERG:  Yeah.

         18                 MR. SULA:  I'm just trying to get an 

         19      understanding whether we have a real practical 

         20      issue here or whether this is a theoretical 

         21      discussion.

         22                 MR. WILDENBERG:  There are a few 

         23      existing in R-6 and I would just speculate that 

         24      the economics would indicate that if somebody did 

          1      want to do single family that they could ask to 

          2      rezone it to single family and the Plan 

          3      Commission and the Board could consider that 

          4      rezoning request or if they've got R-6 zoning, 

          5      that's our residential district, they may prefer 

          6      to exercise other options under the R-6 versus 

          7      the single family.  

          8                 MR. SULA:  And just a planning and 

          9      zoning education tidbit.  Why wouldn't single 

         10      family be allowed in R-6? 

         11                 MR. MAIDEN:  The single family right 

         12      to the north and east of here and all the way up 

         13      to Grand Avenue are zoned multiple family.  If 

         14      there's existing multiple family the developer on 

         15      that tract under your previous zoning ordinance 

         16      came in and had all the cul de sacs laid out and 

         17      depending on what was going on with the market he 

         18      would start doing multiple family on two lots and 

         19      then say I think I am going to come in on a 

         20      single family permit on this one lot and then 

         21      well, what are you going to do next month, next 

         22      month I'll come in for multi-family on this lot. 

         23                      We started getting concerned wait 

         24      a minute, how do we let people know that next 

          1      month you may build a multiple family building 

          2      next to them.  So that was where they changed the 

          3      ordinance.  Actually changed it before the 

          4      comprehensive amendment.  

          5                      So they said we're not going to 

          6      prohibit it, but at least you're going to have to 

          7      let people know if you're going to be doing that.

          8                 MR. SULA:  And I can certainly 

          9      understand not wanting a surprise multi-family in 

         10      a single family -- what's zoned single family 

         11      district, but if somebody for whatever reason 

         12      wanted to put single family in a multi-family 

         13      district why not do that? 

         14                 MR. MAIDEN:  Because they were 

         15      concerned some of those -- since it had already 

         16      been subdivided and the lots were already there 

         17      if that developer put single family in and then 

         18      the next lot over was sold to someone else when 

         19      they tried to come in for multi-family and now 

         20      when individuals are coming in and objecting to I 

         21      never thought -- you know, I'm single family, I 

         22      never expected you're going to sell that off and 

         23      you're going to go multi-family.  So they were 

         24      just trying to keep it from complaints.

          1                 MR. SULA:  It's a land issue.

          2                 MR. WILDENBERG:  The use isn't 

          3      precluded.  It's not permitted by right, but it 

          4      can be considered for special.  

          5                 MR. MAIDEN:  And that's part of what 

          6      they were looking at as well was as Mr. Park 

          7      mentioned we're trying to protect all the single 

          8      family homes from multi-family why wouldn't we 

          9      also in the most intensive multi-family try to 

         10      protect single family from them as well.  

         11                 MR. SULA:  I agree with you.  

         12                 CHAIRMAN FOSTER:  Any additional 

         13      discussion or comments from the members?  

         14                 (No verbal response.)

         15                 CHAIRMAN FOSTER:  Does anybody have a 

         16      sense of what direction they would like to go 

         17      right now?  Do you feel comfortable with -- I 

         18      mean there's been a few things raised, but do you 

         19      feel comfortable with the ordinance as it's 

         20      presented?  Are there any changes? 

         21                 MR. SULA:  I guess I would like to 

         22      hear a little feedback on the thought of four 

         23      persons per unit in multi-family.  

         24                 CHAIRMAN FOSTER:  Is there any 

          1       feedback in having four people per unit in a 

          2      duplex?

          3                 MR. PARK:  I would suggest they stated 

          4      in our workshop your physical conditions aren't 

          5      necessarily that unique and the provider of the 

          6      group home can make that decision on the best 

          7      care of their residents better than we can 

          8      thinking of all the possibilities that might be 

          9      out there.  

         10                      It's better analyzed on those 

         11      conditions.  There are building code issues that 

         12      control that over occupancy issue that I think 

         13      are better left to them, but I -- I also argued 

         14      for eight versus six.  

         15                 CHAIRMAN FOSTER:  We remember.  

         16                 MR. SULA:  I guess the point that I 

         17      would make on this is Anixter and Northpoint are 

         18      both providers of the service and if I'm reading 

         19      these notes right they're the ones that are 

         20      suggesting four per units in the multi-family 

         21      type application.  

         22                      Am I reading between the lines 

         23      there too much?

         24                 MS. VELKOVER:  That's what they're 

          1      saying their typical is and, again, I think 

          2      that's kind of regulated by how many bedrooms 

          3      each unit has, that each provider indicated that 

          4      they try to get people into their own private 

          5      bedroom but in no instance will they put more 

          6      than two people in a bedroom.  

          7                      So if you have a two bedroom 

          8      duplex, which some duplexes are, but we do have a 

          9      handful that have three bedrooms, too.  

         10                 MR. MAIDEN:  And the same is true with 

         11      garages.  I think a lot of it'll take care of 

         12      itself because the duplexes usually just have the 

         13      one car garage, but if there is -- as Tracy said 

         14      if there's one with three cars or three bedrooms 

         15      and two car garage maybe that situation it makes 

         16      sense.  

         17                 MS. THOMA:  Also I think that with 

         18      townhomes and duplexes there's more likely going 

         19      to be the same thing.  It's going to be three 

         20      bedrooms or -- I mean you're really restricting 

         21      the Petitioner if you can have a three bedroom 

         22      home but you can only put, you know, four people 

         23      in there.  It would be a little more practical 

         24      aspect of it.  

          1                 CHAIRMAN FOSTER:  Okay.  Thank you.

          2                 MR. SULA:  Another way to possibly 

          3      consider it is having a sliding scale based on 

          4      how many bedrooms there are.  We talked about 

          5      four retrofitting the buildings.  

          6                 MS. McDERMOTT:  Do I understand that 

          7      if it's single family it's six, if it's duplex 

          8      it's 12?

          9                 MS. VELKOVER:  It's -- it could be 

         10      potentially.  There would be six that would be 

         11      permitted in the first unit and then to get six 

         12      in the second unit would take a special use 

         13      permit.

         14                 MR. PAPP:  It wouldn't be by right, 

         15      though.

         16                 MS. VELKOVER:  Right.  It would not be 

         17      by right.  Only up to six would be by right.

         18                 MR. SULA:  Well, let's say that the 

         19      first unit did have six and someone was trying to 

         20      come in for the other half of the duplex and then 

         21      put six more, what do we have as a Commission 

         22      then and the Board to fall back on to -- to 

         23      obtain proper balance and density?  

         24                      I mean practically speaking if -- 

          1      a duplex home in a lot of cases they're a whole 

          2      lot bigger than a single family home.  We're 

          3      saying six is the limit on a single family.  How 

          4      can we go as high as 12 -- I mean what -- what 

          5      criteria do we use to avoid the 12 in a duplex?

          6                 MR. WILDENBERG:  It's going to depend 

          7      on the individual circumstances.  It's hard to 

          8      envision every possibility or possible way out 

          9      or, you know, surrounding environment, but you 

         10      know you'll have a track record of decisions as 

         11      you go through these particular requests as you 

         12      do get them and it's really going to come down to 

         13      pretty in-depth analysis of the exact issues that 

         14      you're facing on each and every particular 

         15      circumstance and the type of, you know, decision 

         16      log that you build based on those circumstances.  

         17                      It's a special use so it's not 

         18      a -- it's certainly not a use by right, but the 

         19      Board does have the ability to evaluate its 

         20      impact and make recommendations and decisions.

         21                 MR. SULA:  Jon, this is very 

         22      hypothetical but typical situation of wanting it 

         23      as a mirror end to the other.  What criteria 

         24      could possibly apply to have six on the left side 

          1      of the wall and only four on the right side of 

          2      the wall?

          3                 MR. WILDENBERG:  Separate requirement 

          4      right off the bat, you know, why is -- just 

          5      because these two units are attached together why 

          6      it -- why is something less than 1,320 valid?     

          7                 MR. SULA:  Okay. 

          8                 MR. WILDENBERG:  You know, duplexes  

          9      is somewhat prevalent as a transitional use 

         10      between commercial and single family in some 

         11      areas of our town.  In other areas of our town we 

         12      have a rather substantial neighborhood of what 

         13      you would call duplexes and, you know, all 

         14      clustered in -- in one major subdivision.  So we 

         15      have a couple of different conditions.  

         16                 MR. SULA:  You could argue that you're 

         17      really trying to give separation of structures 

         18      and --  

         19                 MR. WILDENBERG:  Well, yeah.  I 

         20      suppose he would.

         21                 MR. SULA:  Okay.  

         22                 MR. WILDENBERG:  But, again, the 

         23      Village is going to have to look deep into that 

         24      and come in with what they feel is rational and 

          1      best for the circumstances at hand.

          2                 MR. SULA:  Okay.  

          3                 CHAIRMAN FOSTER:  So are you saying 

          4      that the one half of the duplex could be a group 

          5      home but the other one could not?

          6                 MR. WILDENBERG:  Yeah.  One could be 

          7      established by right and the other one would have 

          8      to remain as, you know, single family residence 

          9      or family residence unless special use was 

         10      granted.  

         11                      I think it's on one hand 

         12      affording the opportunity for group homes to come 

         13      into a duplex environment and just like anyone 

         14      else that would come into a duplex environment 

         15      and that's balanced against trying to provide -- 

         16      or avoid, if you will, too much clustering of one 

         17      type of use in one area.  

         18                      So that's where the special use 

         19      comes in to help evaluate that.  Or at least 

         20      give -- give the Plan Commission and Village 

         21      Board an opportunity to evaluate it plus the 

         22      adjacent surrounding property owners a chance to 

         23      input into that evaluation. 

         24                 CHAIRMAN FOSTER:  I have a question in 

          1      the R-5 and the R-6.  I just want to be clear 

          2      that that's not confusing in terms of that 1,320 

          3      feet requirement or how are you interpreting 

          4      that? 

          5                 MR. WILDENBERG:  Right now the spacing 

          6      requirement says that the separation  is based on 

          7      lot line to lot line.  If we had a situation --  

          8      we've got a sample site plan here of an apartment 

          9      complex in town.  This is the Woodlake Apartment 

         10      site right here.  

         11                      The apartment buildings are in 

         12      brown up in this area.  Those buildings are I 

         13      think 14 and 16 unit buildings each.  There are a 

         14      total of 260 units on this entire property, 

         15      multi-family lot. 

         16                      I think we would try to be 

         17      practical and look at the boundaries of the unit 

         18      and see what's -- what the spacing would be to 

         19      the next proposed unit.  

         20                      If these were condo -- condos and 

         21      were individually owned I guess you could 

         22      construe the lot as the entire envelope of 

         23      ownership that they have in the condo and we 

         24      would apply it the same way if it would happen to 

          1      be an apartment unit.  

          2                 CHAIRMAN FOSTER:  I guess I'm asking 

          3      if there was somebody against a special use for a 

          4      Petitioner and if you -- if you tried to 

          5      interpret that to say well, if you've got one 

          6      unit on one side of the duplex that's used as a 

          7      group home or Apartment A and you now want to do 

          8      Apartment C that they couldn't read that to say 

          9      well, that's what that 1,320 feet so they can't 

         10      have -- they can't get that zoning. 

         11                 MR. WILDENBERG:  They couldn't do it 

         12      by right.  They could just establish it by right.  

         13                 MR. PARK:  They would have to do it by 

         14      special use, correct? 

         15                 MR. WILDENBERG:  Yes.  Yes.  If we 

         16      have one unit here let's say established by right 

         17      and there was another one over on the other side 

         18      of the complex or in the building across the 

         19      parking lot and the spacing was less than 1,320 

         20      they would automatically have to proceed as a 

         21      special use.  

         22                 MR. PARK:  And it doesn't matter if 

         23      it's a different building or next door -- 

         24                 MR. WILDENBERG:  Right.

          1                 MR. PARK:  -- with a common wall.  

          2      You're over -- you are under the 1,320 limit, you 

          3      come in for a special use.  

          4                 MR. WILDENBERG:  Yes.

          5                 MR. PARK:  If, however, that was a big 

          6      project and the upper right corner was 1,320 away 

          7      from the lower one then they could do it?

          8                 MR. WILDENBERG:  Yes.

          9                 MR. PARK:  If -- 

         10                 MR. WILDENBERG:  Right.  If it met the 

         11      separation and all of the other criteria.  

         12      Logically within any one building if you want to 

         13      establish a second unit it's probably going to be 

         14      within a quarter mile so that automatically kicks 

         15      it into a special use.  

         16                      Same with the townhome 

         17      arrangement.  We do have some townhomes that are 

         18      stacked over with ownership-wise two story and we 

         19      also have other townhome arrangements where a 

         20      person owns a whole unit that's two stories, 

         21      they're connected side by side.

         22                 CHAIRMAN FORSTER:  Anyone ready for a 

         23      recommendation or do we need additional 

         24      discussion?  

          1                 MR. PARK:  Yes.  I would like to ask 

          2      what the Board members think of the issue of 

          3      separating the R-6 single family duplex land use 

          4      from occupancy decision.  

          5                      To me right now it's commingled 

          6      and saying if I want to have a group home 

          7      facility in the R-6 in a single family or duplex 

          8      regardless of whether that happens to have been 

          9      there ten years I have to go for a special use 

         10      approval and I'd like to know what the other 

         11      members --             

         12                 CHAIRMAN FOSTER:  Well, my feeling  is 

         13      I understand the merits of what you're saying, 

         14      but I probably start with what Butch mentioned a 

         15      few minutes ago where I'm used to a special use 

         16      going with its original intent.  

         17                      And so if someone has a special 

         18      use and later on there's a different user 

         19      intended then that needs to be reviewed again.  

         20      That's sort of where I come from. 

         21                 MR. PARK:  So you would regard a group 

         22      home facility differently than a single family 

         23      occupant?  

         24                 CHAIRMAN FOSTER:  Correct. 

          1                 MR. PARK:  Thank you.

          2                 CHAIRMAN FOSTER:  You have to 

          3      understand that on the surface one could debate 

          4      the merits of that, but I think that part of the 

          5      intent of the special use issue is affords one 

          6      the opportunity to look at the individual 

          7      circumstances.  So it would give that ability.

          8                 MR. PAPP:  I would concur with that 

          9      observation. 

         10                 CHAIRMAN FOSTER:  And I think also 

         11      the point that Butch made about the person that 

         12      has too much kind of open up -- sometimes open up 

         13      additional ones that we may not always 

         14      anticipate.  So I mean anybody ready for -- yes. 

         15                 MR. WILDENBERG:  On that -- on that 

         16      same issue I think the existence of homes right 

         17      today in the R-6 district is pretty minimal.      

         18                 MR. PARK:  It's not a huge issue right 

         19      now.

         20                 MR. WILDENBERG:  Yeah.  And -- 

         21                 MR. PARK:  The odds of them being 

         22      developed, you know, five years down the road are 

         23      relatively minimal in that respect.  Thank you. 

         24                 CHAIRMAN FOSTER:  Is anyone ready to 

          1      advance a motion at all tonight? 

          2                 MR. PAPP:  Did we resolve the quorum 

          3      issue?  

          4                 CHAIRMAN FOSTER:  Yes.  I would just 

          5      as soon let that go.  

          6                 MR. PAPP:  My sense is I kind of 

          7      concur with Mr. Sula.  I think four is adequate 

          8      even if there is a three bedroom duplex.  What 

          9      about the person that stays 24 hours a day, you 

         10      got two and two in one.  I just think four is a 

         11      better number.

         12                      If they want to go to six eight 

         13      they have to go to a special use anyway, do they 

         14      not?  So I think that would be adequate.  That 

         15      would be my opinion.  

         16                 CHAIRMAN FOSTER:  I got a sense I 

         17      heard two and two at the time who actually voiced 

         18      an opinion.  I got a sense they were kind of 

         19      split on that so I -- one way to resolve that is 

         20      to keep discussing or make it as part of the 

         21      motion that you would like to change the proposed 

         22      text to reflect that and see how it looks.        

         23                 MS. McDERMOTT:  I just had one 

         24      question concerning that.  When we're talking 

          1      about four people to a duplex unit are we saying 

          2      if someone comes in for occupancy-wise you were 

          3      saying something in reference to is that going to 

          4      be harder for a builder to come in to specify.  

          5      I'm confused on that. 

          6                 MR. WILDENBERG:  No.  You have -- it 

          7      really depends on the physical layout of the unit 

          8      whether it's a two bedroom or a three bedroom 

          9      unit.  

         10                 MS. McDERMOTT:  So if we're saying if 

         11      it's a three bedroom unit then six would be 

         12      allowed but if it's not then a four bedroom -- 

         13      four person.  

         14                 MR. WILDENBERG:  Well, that's what --  

         15                 MS. McDERMOTT:  That's what we're 

         16      trying to motion?  Just so I understand where it 

         17      is.  Okay. 

         18                 MR. WILDENBERG:  One of the other 

         19      points that was brought up what if you have 

         20      somebody who take a duplex building that's 

         21      currently separated and totally divided and 

         22      connects it into one, then it plays as a single 

         23      family.  Then it falls under current draft six.  

         24                 MS. McDERMOTT:  Okay.  I was -- just 

          1      wanted to understand where we were coming from in 

          2      the sense of occupancy.  Okay.  

          3                 MS. THOMA:  I actually have a 

          4      question for Mr. Sula.  Three bedrooms that are 

          5      permitted six residents by right what -- 

          6      what's -- where are they -- you're running into 

          7      the same problem.  Where else are they going to 

          8      find sound 24 hour care.  Same thing.  Where are 

          9      they going to sleep, what are they -- 

         10                 MR. SULA:  Three bedroom is okay 

         11      because it averages out to -- to I think two per 

         12      bedroom.   Maybe the staff has a little to deal 

         13      with here.  

         14                      In the duplex scenario duplex as 

         15      it currently exists in the Village can you give 

         16      us some -- roughly estimate how many of them are 

         17      two bedroom versus three bedroom?  I mean -- 

         18                 MR. WILDENBERG:  Just about all of 

         19      them.

         20                 CHAIRMAN FOSTER:  Which office are you 

         21      running for?  

         22                 MR. WILDENBERG:  That's, obviously, 

         23      two out of three is the dominant condition, I 

         24      believe.  You may have some that are two bedroom 

          1      right now have a space to put a third bedroom in.  

          2      So it's -- it's a mixed bag.  

          3                      You really do have a mixed bag 

          4      between two and three.  That would be your -- 

          5      your predominant condition, I'm sure.  We have --  

          6      we haven't, you know, researched every building 

          7      permit obviously but -- 

          8                 MR. SULA:  I understand.  

          9                 MR. WILDENBERG:  -- just gut sense on 

         10      what we've approved and what's been built in the 

         11      last 12 years. 

         12                 MR. SULA:  My thought on it is that my 

         13      gut instinct tells me that most duplexes and 

         14      townhomes and condos are going to be smaller two 

         15      bedroom variety and we have something that's 

         16      crafted for four people.  

         17                      There's always the ability to 

         18      come in for a special use for six people if they 

         19      want to, correct? 

         20                 MR. WILDENBERG:  It depends how you 

         21      draft this order.  It depends on how you 

         22      construct this order.

         23                 MR. SULA:  I mean I would prefer to 

         24      err on the side of maybe having a little more 


          1      structure than less structure and be able to ease 

          2      up as specific situations present themselves that 

          3      we can apply some reasonable rationality to a 

          4      variance for a special use.  

          5                      It's always easier to ease up and 

          6      allow for a special situation that's more dense 

          7      or more populated than -- than you might have 

          8      envisioned going in rather than trying to clamp 

          9      down on something that's already permitted by 

         10      right and you're stuck with it because you can't 

         11      change it.  

         12                      So I would tend to err on the 

         13      four for the multi-family type settings with the 

         14      ability to grant a special use based on a 

         15      specific situation within the unit to allow six 

         16      people.  

         17                 MR. HOOD:  My side I would rather see 

         18      the six mostly because I would like to see -- to 

         19      encourage in any way we can the existence of 

         20      group homes.  I mean Gurnee doesn't -- that's not 

         21      something Gurnee is known for and I don't want to 

         22      see any road blocks.  

         23                      People come in, they see four.  I 

         24      assume most group homes want to see more than 

          1      four, they want to see six or more, and I'm not 

          2      looking for more, but I would like to see group 

          3      homes here because I think Gurnee needs to be a 

          4      diverse community and I don't want to see that as 

          5      a roadblock.  

          6                      Special use is a way to solve it, 

          7      but I also don't want to use that as a tool to 

          8      have to be faced with every time a group home 

          9      comes in.  I think most of them are going to want 

         10      six so I think we have that issue come up every 

         11      time.

         12                 MR. SULA:  And I am very, very much 

         13      aware of what the spirit of the fair housing is 

         14      and that's to simulate as normal a living 

         15      condition as possible for residents of group 

         16      homes and I would hate to see a situation where 

         17      we foster the ability of an unscrupulous provider 

         18      to jam alot of people into a smaller unit than 

         19      might be reasonably comfortable.

         20                 MR. WILDENBERG:  I just want to point 

         21      out one other aspect of this.  There are 

         22      basically two different forms of ownership of a 

         23      duplex.  The first is you own the whole building 

         24      on one lot and the building is divided into two 

          1      living units.  

          2                      The second is each individual 

          3      entity owns half of the building and half of the 

          4      lot.  So it can play almost as -- well, it does 

          5      play as attached single family units at that 

          6      point in time.  We have both types of ownership 

          7      in the community right now.  Both styles of 

          8      ownership in the community.  

          9                 MR. SULA:  So if it was an attached 

         10      single family it might -- assuming -- I'm trying 

         11      to -- attached single family is that a duplex or 

         12      single family? 

         13                 MR. WILDENBERG:  Each unit you live in  

         14      is a single family unit.  The building is a 

         15      duplex.  The building -- when you take the 

         16      building as a whole it's a two family --          

         17                 MR. SULA:  Would have common ownership 

         18      of both units.

         19                 MR. WILDENBERG:  It could or it could 

         20      be individual ownership of each unit.             

         21                 CHAIRMAN FOSTER:  Mr. Maiden.

         22                 MR. MAIDEN:  Well, I think Mr. Hood 

         23      raised an issue.  I think you may get some 

         24      criticism down the road as you start having some 

          1      of these units come in and individuals -- single 

          2      family neighborhoods may say well, why don't you 

          3      go look in a multi-family area.  

          4                      I think the providers are going 

          5      to say because Gurnee restricts us to four in 

          6      multiple family.  We're immediately looking at 

          7      all the single family areas, we're not looking at 

          8      the multi-family areas, it's harder for us to 

          9      get.  So it's -- I've seen this happen with some 

         10      of the cell phone ordinances.                     

         11                      You try to get this condition 

         12      controlled and it sometimes backfires that it 

         13      just pushes them right into the single family 

         14      where you really probably don't want them as much 

         15      as you would rather have them in duplex areas 

         16      because that's usually the transition area 

         17      between family and commercial.  

         18                 MR. WILDENBERG:  And many of the 

         19      ordinances from the 40's, 50's, 60's and 70's, 

         20      duplexes and single family homes were allowed as 

         21      uses by right in a lot of districts together.  

         22      They were all legal. 

         23                 CHAIRMAN FOSTER:  Is there any 

         24      additional discussion or comments at this time?  

          1                 MS. SWANSON:  If there's going to be a 

          2      change to the six from four I would like to see 

          3      the language actually itself agreed upon tonight 

          4      as part of the recommendation.  

          5                      In other words, as I'm looking at 

          6      the definitions of the family community residence 

          7      at the bottom of Page 1 of the draft I would 

          8      think that language would need to be worked on so 

          9      that everybody knows what it is.

         10                 CHAIRMAN FOSTER:  Thank you.   

         11                      Is anyone prepared now to advance 

         12      a motion?  

         13                 MR. PARK:  Sure.  

         14                 CHAIRMAN FOSTER:  Yes.  

         15                 MR. PARK:  I'll advance a motion that 

         16      we adopt this ordinance and recommend it approved 

         17      as it stands.  

         18                 MR. KAUFFMAN:  Second.  

         19                 CHAIRMAN FOSTER:  There is a motion on 

         20      the floor with a second.   Is there any 

         21      additional discussion? 

         22                      Yes.  That's correct.  I will 

         23      make that clear.  You are very tenacious. 

         24                      Okay.  We'll call for the roll 

          1      call for the Zoning Board.  

          2                 MS. VELKOVER:  Thoma.

          3                 MS. THOMA:  Yes.

          4                 MS. VELKOVER:  Park.

          5                 MR. PARK:  Yes.  

          6                 MS. VELKOVER:  Kauffman.

          7                 MR. KAUFFMAN:  Yes.  

          8                 MS. VELKOVER:  Hood.  

          9                 MR. HOOD:  Yes.

         10                 CHAIRMAN FOSTER:  That motion is 

         11      carried for the Zoning Board.  

         12                      For the Plan Commission is there 

         13      a motion to -- you all put me in a tough spot 

         14      here.  I want to say is there a motion like that 

         15      motion.  We have two different motions here.  

         16      That's not going to be good.  

         17                 MR. SULA:  What happens if we have two 

         18      different motions?  

         19                 CHAIRMAN FOSTER:  Village attorney.    

         20                 MS. SWANSON:  Two different motions.

         21                 MR. SULA:  I would like to make a 

         22      motion to send a recommendation to the Village 

         23      Board and basically taking what's been presented 

         24      to us but adding two changes.

          1                      One change being family 

          2      community residence hyphen single family homes 

          3      and have that definition just as it is there and 

          4      a whole new paragraph that family community 

          5      residents, duplex and townhomes or condos are 

          6      multi-family, whatever you call them, and present 

          7      that as a definition and then proceed with the 

          8      rest of the ordinance as proposed.  

          9                      Oh, obviously, the change of 

         10      four.  

         11                 CHAIRMAN FOSTER:  Is there a second?   

         12                 MR. PAPP:  Second.

         13                 CHAIRMAN FOSTER:  Okay.  Is there any 

         14      need for discussion on that motion? 

         15                 MR. WILDENBERG:  Could I ask for a 

         16      clarification.

         17                 CHAIRMAN FOSTER:  Yes, Mr. Wildenberg. 

         18                 MR. WILDENBERG:  In the duplex 

         19      townhome multi-family scenario with six going to 

         20      four would the ability to request six as a 

         21      special use be --  

         22                 MR. SULA:  Yes.  

         23                 MR. WILDENBERG:  -- included?          

         24                 CHAIRMAN FOSTER:  Any additional 

          1      discussion, clarification?  

          2                 (No verbal response.)

          3                 CHAIRMAN FOSTER:  There is a motion on 

          4      the floor with a second.  Let's call for the roll 

          5      call vote from the Planning Commission.  

          6                 MS. VELKOVER:  Ross.  

          7                 MS. ROSS:  Aye.  

          8                 MS. VELKOVER:  Sula.  

          9                 MR. SULA:  Aye.  

         10                 MS. VELKOVER:  Papp.

         11                 MR. PAPP:  Aye.  

         12                 MS. VELKOVER:  Foster.  

         13                 CHAIRMAN FOSTER:  Nay.  

         14                      McDermott.

         15                 MS. VELKOVER:  Oh, McDermott.  

         16                 MS. McDERMOTT:  Aye.

         17                 CHAIRMAN FOSTER:  Okay.  That motion 

         18      is carried.  

         19                      Can I ask, Miss Swanson, if you 

         20      can just give us clarification.  It's two 

         21      different motions.  

         22                 MS. SWANSON:  Right.  Zoning Board 

         23      made its recommendation and the Plan Commission 

         24      has its recommendation which is different from 

          1      the Zoning Board's recommendation.  So we'll see 

          2      how the Board handles this one.  

          3                 CHAIRMAN FOSTER:  Never let it be said 

          4      that there's no independent thought between these 

          5      two bodies.  We have demonstrated that tonight.   

          6                      I think this is our order of 

          7      business in terms of our public hearing for 

          8      tonight and with that having been accomplished I 

          9      think we need to maybe adjourn for the public 

         10      hearing and we'll go into our workshop session. 

         11                      I'll entertain a motion to 

         12      adjourn.  

         13                 MR. SULA:  So moved from the Plan 

         14      Commission.  

         15                 CHAIRMAN FOSTER:  A motion from the 

         16      Zoning Board.  

         17                 MR. HOOD:  So moved.  

         18                 CHAIRMAN FOSTER:  All right.  We are 

         19      adjourned.

         20                           (Whereupon, the proceedings

         21                            were adjourned at 8:02      

         22                            p.m.)

         23

         24
                         

                 STATE OF ILLINOIS  )

                                    )  SS:

                 COUNTY OF L A K E  )

                                 I, SUSAN R. PILAR, do hereby certify 

                 that I am a court reporter doing business in the 

                 County of Lake and State of Illinois; that I reported 

                 by means of machine shorthand the testimony given at 

                 the foregoing Report of Proceedings, and that the 

                 foregoing is a true and correct transcript of my 

                 shorthand notes so taken as aforesaid.

                                 _________________________________
                                 SUSAN R. PILAR, CSR, RPR
                                 Notary Public, Lake County, IL
                                 CSR License No. 084-003432.