04/17/2017April 17, 2017
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on April 17, 2017
at 7:30 p.m. The clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Alan Farkas
Thomas Jester
Rob Nadler
William Seiden
Dan Shapiro
Barbara Struthers
and that a quorum was present and in attendance. Also present was Village Manager Kent Street
and Village Attorney Peter Coblentz.
PLEDGE OF ALLEGIANCE Kyla Guru led those in attendance in reciting the
Pledge of Allegiance.
PRESENTATION Ms. Guru, a Deerfield High School freshman, has
won a number of awards and recently presented in
front of executives from Google, Facebook and GoDaddy at Stanford University as one of 30
young women who won the She++ Fellowship 2017. Ms. Guru is the founder of Bits n' Bytes
Cyber Security by Kyla. Her goal is to educate youth about safety and cyber security. She
created a fun, educational cyber safety video for all the schools in District 109. She writes a blog
every Thursday, shares Twitter posts daily and looks forward to expanding her impact to other
districts. Her website is bitsnbytes.us.com; her Twitter handle is @gurudetective. Mayor
Rosenthal and all in attendance congratulated Ms. Guru on her accomplishments.
PROCLAMATION Mayor Rosenthal proclaimed April 23, 2017, as
Breathe Deep North Shore Day in Deerfield and
urged citizens to recognize and participate in their event to be held at Deerfield High School on
April 23, 2017. Sue Birsch, Lisa and George Pappas accepted the Proclamation. Mr. Pappas
thanked the Village for all their support over the past five years.
Trustee Farkas moved to accept the Proclamation. Trustee Struthers seconded the motion. The
motion passed unanimously on a voice vote.
PROCLAMATION Mayor Rosenthal proclaimed April 28, 2017, as
Arbor Day in Deerfield and urged citizens to
celebrate Arbor Day and support efforts to protect our trees and woodlands. She also urged all
citizens to plant and care for trees to gladden the heart and promote the well-being of this and
future generations.
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April 17, 2017
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Trustee Jester moved to accept the Proclamation. Trustee Farkas seconded the motion. The
motion passed unanimously on a voice vote.
PROCLAMATION Mayor Rosenthal proclaimed April 22, 2017, as
Earth Day in the Village of Deerfield. She invited
all citizens to participate in the Sustainability Commission's Water Taste Challenge at the
Deerfield Public Library on April 22 from 10 a.m. to 1 p.m.
Trustee Shaprio moved to accept the Proclamation. Trustee Struthers seconded the motion. The
motion passed unanimously on a voice vote.
MINUTES OF PREVIOUS MEETINGS Trustee Struthers moved to approve the minutes
From the April 3, 2017, Committee of the Whole
meeting. Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote.
Trustee Shaprio moved to approve the minutes from the April 3, 2017, Board of Trustees
meeting. Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote.
BILLS AND PAYROLL Trustee Struthers moved to approve the Bills and
Payroll dated April 17, 2017. Trustee Farkas
seconded the motion. The motion passed by the following vote:
AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
PUBLIC COMMENT Andrew Marwick, 442 Kelburn, expressed concern
about the number of small variances that are granted
with little discussion. Last Thursday, the Plan Commission discussed the possibility of more
than 200 apartments on a two acre site. He does not believe it is an appropriate place. Mr.
Marwick suggested making this an educational campus. He believes the developers are trying to
max out the space. He suggested looking at revising the Comprehensive Plan and building
height.
REPORTS
REPORT AND RECOMMENDATION
OF THE BOARD OF ZONING APPEALS
RE: FAILURE TO RECOMMEND
REQUEST OF ALUMNI HOMES FOR
RELIEF FROM ARTICLE 4.03-F,
PARAGRAPH 6, OF THE DEERFIELD
ZONING ORDINANCE FOR THE
PROPERTY AT 1024 OAKLEY
AVENUE REGARDING A FLOOR
The Board of Zoning Appeals held a Public Hearing
on March 21, 2017, to consider the request from
Liviu B. Nister, owner of Alumni Homes for relief
from Article 4.03-F, Paragraph 6 of the Deerfield
Zoning Ordinance for the property commonly
known as 1024 Oakley Avenue. The petitioner is
seeking relief from the maximum Floor Area Ratio
requirement of 0.40 as specified in the Zoning
Ordinance. The Board of Zoning Appeals voted
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April 17, 2017
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AREA RATIO OF 0.415 IN LIEU OF 0-4, failing to recommend approval. The
THE MAXIMUM 0.40 SPECIFIED IN Board of Zoning Appeals felt the situation was
THE ZONING ORDINANCE self-imposed.
Trustee Struthers noted the 0.4 FAR was determined by the Residential Redevelopment Task
Force, which met for more than two years and looked at hundreds of homes. They saw a number
of oversized houses built on undersized lots. The 0.4 FAR is a maximum. Trustee Struthers
believes making an exception would set a precedent.
Trustee Farkas indicated it is important to note that the petitioner is a builder. He has a hard time
with the FAR because the envelope has already been defined. He has an issue telling a
homeowner that there is an issue when the rest of the home is compliant, but a developer is
charged with knowing and following the rules. The BZA is entrusted with upholding the rules.
Trustee Seiden noted a similar situation came up previously. He believes this is a way of
circumventing the Ordinance. If a variance was approved for Alumni Homes, it should have
been changed for others previously. These circumstances are not unique.
Trustee Shapiro thinks the rules should apply to everyone. As a builder, the petitioner should
know better. The 0.4 FAR could be exceeded only if there is an appropriate rational to support
the variation.
Mayor Rosenthal asked if there was a way to rectify the issue. Code Enforcement Officer Clint
Case noted the Building Department personnel are not design professionals. He believes the
garage ceiling could be raised to change the method of measurement. He noted Mr. Nistor was
given a couple options to rectify the situation. Mayor Rosenthal suggested the petitioner work
with his designer to find a way to bring the structure up to code.
Trustee Shapiro moved to accept the recommendation of the Board of Zoning Appeals regarding
the maximum FAR requirement for the property located at 1024 Oakley Avenue. Trustee Farkas
seconded the motion. The motion resulting in a denial of the variation request passed by the
following vote:
AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE 0-17-12 AUTHORIZING An Ordinance authorizing a Special Use for an
A SPECIAL USE FOR AN AUTISM autism therapy center to be located at 1161 Lake
THERAPY CENTER FOR THE Cook Road. Second Reading.
PROPERTY AT 1161 LAKE COOK
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April 17, 2017
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ROAD (KGH CONSULTATION &
TREATMENT, INC. AND DEERFIELD
BUSINESS CENTER LLC — 2R
ORDINANCE INCREASING THE An Ordinance increasing the number of Class M
NUMBER OF CLASS M LIQUOR liquor licenses from two to three to allow BYOB
LICENSES BY ONE (1) FROM TWO (2) at Jimmy Thai Restaurant. First Reading.
TO THREE (3) TO ALLOW BYOB AT
JIMMY THAI RESTAURANT — 1R Trustee Shapiro moved to accept the Consent
Agenda and adopt the Ordinance. Trustee
Struthers seconded the motion. The motion passed by the following vote:
AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
There was no Old Business.
There was no New Business.
OLD BUSINESS
NEW BUSINESS
DISCUSSION
KATES ROAD BRIDGE Mayor Rosenthal noted the Village is working
with State Senator Julie Morrison to ensure
there is funding in July for the Kates Road Bridge Project. The bridge is currently closed. More
than $24.5 million has been approved for funding in Lake County in March. The Village has
also presented at the Northwest Municipal Conference and will continue to press the issue.
Mayor Rosenthal hopes to come back with good news.
LUNGIVITY 5K RUN Mayor Rosenthal noted the Deerfield Police
Department will have a team running for Lungivity
at Deerfield High School.
POLITICAL DISCUSSION Mayor Rosenthal and Highland Park Mayor
Rotering were invited to discuss local politics at
Lakeside Congregation. The discussion was well received.
RIBBON CUTTING Mayor Rosenthal and several others Village and
community officials attended a ribbon cutting at
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April 17, 2017
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The Warehouse Woodfired Eatery & Sports on Tuesday.
BREAKFAST WITH CONGRESSMAN
tomorrow.
COMMITTEE OF THE WHOLE
meeting.
Mayors from the surrounding area will have
breakfast with Congressman Brad Schneider
Mr. Street indicated there would be a Committee of
the Whole Meeting following the Village Board
ADJOURNMENT There being no further business or discussion,
Trustee Nadler moved to adjourn the meeting.
Trustee Struthers seconded the motion. The meeting was adjourned at 8:25 pm.
The next regular Board of Trustees meeting will take place on Monday, May 1, 2017 at 7:30 pm.
APPROVED:
Mayor
ATTEST:
Village Clerk