MINUTES OF BOARD OF ADJUSTMENT

January 26, 2006 – 5:00 p.m. 

In the absence of a Chairman, Board member Ben Winkelman called the public hearing of the Board of Adjustment of the City of Bunker Hill Village to order at 5:05 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, to consider the following:

Members present:  Ben Winkelman, Al Augustine, Keith Brown (arrived at 5:15), James Whalin, Mark Allen and Jean Krivan.

Members Absent:  Henry Houston, Gary Miller and Bob Newman

Also Present:

Yolanda Benitez, City Secretary

Ron Garrison, Building Official

Ruthie Sager, City Administrator

John Olson, City Attorney

Mayor Bill Marshall

Councilmember Michelle Belco

Acting Chair Ben Winkelman asked the members to introduce themselves and state how long they had been on the Board of Adjustment.

Acting Chair Winkelman read the “Charter Statement”, outlining the jurisdiction and authority of the Board of Adjustment.  City Attorney John Olson further explained the responsibilities, which include granting variances, appeals, and special exceptions.

I.                    CONSIDERATION AND POSSIBLE ACTION REGARDING ELECTION OF OFFICERS FOR THE PERIOD ENDING JUNE 30, 2007 (CHAIRMAN AND VICE CHAIRMAN).

Motion was made by Ben Winkelman and seconded by James Whalin to elect Al Augustine as the Vice Chairman.  Motion carried 5 to 0.

Motion was made by Al Augustine and seconded by Mark Allen to elect Ben Winkelman as Chairman.  Motion carried 5 to 0.

II.                  CONSIDERATION AND POSSIBLE ACTION REGARDING APPROVAL OF MINUTES OF THE AUGUST 30, 2005 MEETING.

Motion was made by James Whalin and seconded by Al Augustine to approve the minutes of August 30, 2005.  Motion carried 5 to 0.

Chairman Winkelman asked City Secretary Yolanda Benitez to swear in those present and wishing to speak before the Board.  The following persons repeated the oath:

1.      Ben Crawford – Crawford Renovation

2.      Michael Autenreith – 1330 Mickey Way/Crawford Renovation

3.      Ron Garrison – Building Official, City of Bunker Hill Village

III.        Consideration and possible action on application of ben Crawford, Crawford renovation, (i) appealing the interpretation of the City Building Official of Section 9.07B of the Zoning Ordinance, which prohibits reconstruction of nonconforming buildings or structures upon their damage or destruction, specifically with regard to the revocation of Permit #B-5272, issued 1/12/06, for 11625 Monica Street and (ii) in the alternative, requesting a variance from Section 506C to allow the encroachment of a building into a side yard at such location.

City attorney John Olson pointed out to the Board that the written request of Mr. Crawford was solely an appeal from the interpretation of the zoning administrator, and that no variance was being requested.  A copy of the written request of Crawford Renovation is attached to these minutes. 

The following persons spoke with regard to this request:

1.       Michael Autenreith spoke on behalf of Crawford Renovation.  He stated that they met with the building official six months ago for guidance and that they were relying on his expertise.  He read the section of the ordinance being discussed.

2.       Ben Crawford appeared before the Board requesting clarification of the section of the ordinance on the agenda.

Chairman Winkelman asked Ben Crawford if he had read the ordinances prior to submitting his plans and requesting a building permit.  Mr. Crawford stated that he had not read the ordinances and was going solely on verbal communication.

After hearing the evidence, presentation, and comments of all concerned, motion was made by Mark Allen and seconded by James Whalin to grant the application of Crawford Renovation to reverse the revocation of the permit.

                                    BOARD MEMBER                                      VOTE

1.                               Ben Winkelman                                            Against______________

2.                               James Whalin____                                     Against______________

3.                               Al Augustine                                                 Against______________

4.                               Jean Krivan              ________________Against______________

5.                               Mark Allen                                                    Against_______________

With a vote of 0 “for” and 5 “against”, the request was denied; therefore, the revocation of the permit stands.

IV.                ADJOURN

Motion was made by James Whalin and seconded by Mark Allen to adjourn the meeting.  Motion carried 5 to 0, and the meeting was adjourned at 5:30 p.m.

                                                                                   __________________________________________

                                                                                    Ben Winkelman, Chair

                                                                                    Board of Adjustment 

ATTEST:

____________________________________

Yolanda C. Benitez, City Secretary