ZBA Timeline
Below is a timeline illustrating the course of recent events that have culminated in the initiative to oust ZBA ChairmanTom Nelson. The timeline should be viewed in the context of recent actions by village officials: namely, the orchestrated efforts to undermine the Zoning Code through text amendments, the hiring of consultants, the relaxation of Planned Development standards, and an aggressive attempt to marginalize the Zoning Board of Appeals. The code represents, to some members of the Board, the single biggest impediment to unfettered development and must therefore be remade to suit their needs--needs which don’t necessarily coincide with the needs or interests of the residents of Hinsdale. Apparently Chairman Nelson and the Zoning Board of Appeals, who have held developers and village officials to the procedural and legal standards of the curent Code, have become a hindrance to those seeking to loosen the reigns on development.
- November 18, 2006: Steering Committee for Strategic Planning Committee (SPC) met to prioritize recommendations arising from 8 Solution Exploration Groups (SEGs) created under the Hinsdale 2025 strategic plan. The meeting was run by David Friedman, a former consulting colleague of Trustee Orler, and recommended the establishment of a Task Force to review the Zoning Code.
- April 17, 2007: Village Board Meeting. Board voted to approve recommendation of Plan Commission to go ahead with the Hinsdale Club development. Trustee Johnson expressed reluctance to go ahead without a development agreement in hand, but was given reassurances that there would be no rush to sign a development agreement.
- April 28, 2007: Village Workshop held at KLM shortly after election, for newly appointed commissioners, new trustees and other interested persons. Power Point presentation by Vandewalle and Assoc. of Madison, WI whose job is community planning and implementation of those plans to guide communities as they face “new zoning needs”, i.e. development. Directed Village towards a “Community Builder Regulation Approach” i.e. village in full partnership with developers.
- May 23, 2007: 60 Hinsdale residents appealed to Zoning Board of Appeals, voicing concerns about 75 variances granted by the Village to Foxford, LLC for the proposed Hinsdale Club development. Stay automatically goes into effect.
- May 29, 2007: Board of Trustees files suit in Wheaton against those 60 residents
- June 4, 2007: Special Meeting of the Zoning and Public Safety Committee. On the agenda: referral to Plan Commission- Case #A-12-2007 “Amending Section 11-102 (Zoning Board of Appeals), Adding a new section 11-104 (Hearing Officer), Amending section 11-502 (Appeals) and amending section 11-503 (Variations) of the Hinsdale Zoning Code” to the Plan Commission for the required Public hearing. In plain English: reduce the role of the ZBA to advisory and hire a hearing officer to make final zoning decisions. Vote split, with Smith and Cauley siding with residents who were against the amendment, and Orler and Follett in favor. Proposed amendment went to full Board next night.
- June 5, 2007: Village Board Meeting. Resident outcry led Trustees to reconsider plan to make ZBA an advisory board. Trustee Orler moved to send item to Plan Commission, and for lack of a second, the motion failed.
- June 19, 2007: Village Board Meeting. Development Agreement approved by Trustees despite citizens' concern it was being rushed and did not secure adequate concessions from developer. ZBA played no role in this or any other discussion about Hinsdale Club.
- June 27, 2007: Plan Commission. Village submits application, directed by Trustees, for a text amendment to Section 11-603 Planned Development, that would make previously approved, but non-compliant PDs retroactively compliant. Because public hearing and review and approval of Findings and Recommendations were on agenda for same night, commissioners requested Village Attorney appear to clarify application. This application has been continued on Plan Commission’s agenda to October 10, 2007.
- June 28, 2007: Strategic Planning Committee meeting called by Trustee Orler. (9 of 12 present) Orler’s proposal to rewrite preamble to include empty nester housing as a priority for Hinsdale failed to get support. Woerner discussed necessity to rewrite preamble: to give new Zoning Code Task Force “guidance”. Woerner discussed bringing in consultants to join appointed residents, and asserted that the code would be rewritten, although on August 14th when directly questioned by Trustee Cauley on what would be changed, he alleged “Maybe nothing, Tom.”
- July 3, 2007: Board of Trustees filed motion in Wheaton for a Temporary Restraining Order against the ZBA, freezing any action that that Board might take regarding the Hinsdale Club development. No action was ever taken.
- Sunday, July 15, 2007: Chairman Tom Nelson was served papers naming him as a defendant in 2 lawsuits by the Board of Trustees in connection with Hinsdale Club development. Days later Foxford sued the ZBA and the Village of Hinsdale to enjoin them from hearing the appeal. This required legal representation. The Board allocated up to $10,000 for the defense of the ZBA.
- August 14, 2007: Village Board Meeting. Mike Woerner introduces Zoning Code Rewrite Task Force. The fact that 40% of our real estate is non-conforming: “It’s just not good business” “It’s not a living act,” says Orler. Woerner insists repeatedly that there is no preordained conclusion, but Section 3, “Summary of Work Desired” of the RFP says otherwise: “Prepare a comprehensive revision to the Village of Hinsdale Zoning Code for adoption by the Village Board.” This goal will be achieved in meetings “with the Village Board, Plan Commission and the public in general.” There is no mention of the Zoning Board of Appeals, the logical body to be considering any rewrite of the code.
- August 15, 2007: Mike Woerner allegedly sends letter to Tom Nelson requesting his resignation from the ZBA.
- August 28, 2007: Special Meeting of Village Board to review minutes of Closed Session of ZBA July meeting. The meeting was abruptly cancelled and no official reason was given.
- September 18, 2007: Judge Kenneth Popejoy rules that the Zoning Board of Appeals does not have appellate authority on actions taken by Village Board on property where they have granted a Planned Development ordinance. (PD) Chairman Nelson announces that night at meeting of ZBA that the item is no longer on the agenda.
- September 19, 2007: First meeting of Zoning Code Rewrite Task Force. Announcement that the first section of Code to be reviewed/discussed is the Administrative Section, which includes definition and duties of the Zoning Board of Appeals.
- September 28, 2007: Press release announcing “Village to Consider Setting Public Hearing to Remove ZBA Chairman” and sends another letter to Chairman Nelson requesting his resignation to avoid a public hearing in which details of the “severe issues” that he is accused of will be presented and discussed.
- October 2, 2007: Board tabled discussion to “Award a Professional Services Contract to CAMIROS for an amount not to exceed $199,530.00.” Several residents spoke in favor of letting resident Zoning Code Rewrite Task Force formulate direction and focus of plan before consultants hired to rewrite code.
- October 3, 2007: Second meeting of Zoning Code Rewrite Task Force scheduled. Agenda item: introduction of Consultants. Consultants not yet hired.
- October 16, 2007: Despite several articulate residents voicing concern over hiring of yet another consultant, particularly one with strong “agenda to rewrite code”, Village Board, by a 4-2 vote, award contract to CAMIROS in amount not to exceed $199,530.00, to oversee rewrite of Hinsdale Zoning Code.
- October 16, 2007: Special counsel Robert Bush answers questions regarding procedures for Public Hearing to remove ZBA Chair Thomas Nelson on October 30, 2007 at 7 p.m. at Village Hall. The new procedures do not allow for any public comment or participation, unless called to testify under oath by Mr. Ruffalo or Mr. Nelson. [See Hinsdale Monitor article about the Public Hearing.]