Residents' Opinions of Downtown Six-story Structure Unchanged After Public Hearing

Calling it "one of the most unique and complicated cases I've ever seen," Zoning and Planning Commission Chairman Darrell Whistler opened Part 2 of a public hearing Thursday to seek input on a proposed six-story building downtown.

The developer, Addison Corridor LLC, is asking for zoning variances to allow for a six-story building and associated setbacks. Currently, only four-story buildings are allowed in the downtown business district.

Recalling that the first hearing Feb. 28 on 135-149 N. Addison Ave. went more than three hours, Whistler warned Thursday's audience, which included a majority of the same people, to keep their comments relevant to the matter at hand.

"On Feb. 28, we spent over three hours talking about jurisdictional, legal issues—things I think are distracting us from the issue before us," he said. "We want to focus tonight on the issue before us."

Whether the petitioner even had the legal right to ask for a zoning variance was a topic of much debate at the last hearing. But since then, the commission received a letter from a law firm, as well as a copy of the agreement between developer Addison Corridor LLC and the city of Elmhurst, which both give Addison LLC the legal authority to make the request for zoning variances, Whistler said.

"Clearly, we should not be talking about any of that (anymore)," Whistler said. He asked Zoning Administrator Than Werner if everything is in order from the city's standpoint so they could begin the hearing; Werner said yes.

But before representatives from Addison Corridor LLC took to the podium, Elmhurst resident and attorney David Pezza tried to put an end to the proceedings.

"(Werner) just said this is in order," Pezza said from a seat in the audience. "I provided at least 20 minutes of testimony that they don't have any right to apply for this."

Whistler said the commission meeting was not the place to debate that issue.

"Take it to the City Council, take it to the administration, your alderman," Whistler said. "This is not a court, we are not attorneys, we are not judges. We go on the advice of our own city attorney. That's where we're going tonight."

Resident Tamara Brenner said it is a conflict of interest to allow city attorney Nick Peppers to advise the commission.

"He also represents the city," she said. "I'd like for the commission to retain independent council for the purpose of this hearing."

"Your comments are on the record one more time," Whistler said. "I need to remind you we need to get back to the focus of this hearing. There will be other opportunities you'll have to bring those issues up where they should be brought up."

Piece by Piece

Representatives for the developer and experts in the areas of business, traffic, architecture and engineering tackled the questions and concerns brought up at the Feb. 28 hearing one by one.

Read a synopsis of those questions and the developer's answers here.

And, Whistler said that due to the uniqueness of this case, he would allow the public to have a second chance at commenting upon the conclusion of the developer's presentation.

In general, residents' opinions were not changed by the answers provided. The only person who spoke in favor of the six-story development was Willis Johnson, owner of Classic Cinemas, which includes the York Theatre. Johnson said the area is "desperately in need of parking," and he has no problem with a six-story structure.

But other residents still are strongly opposed, saying it will be an eyesore. Resident, Diane Pagacz presented a petition asking the commission to recommend the originally proposed four-story structure. Her husband, Claude Pagacz, said a six-story structure will be seen "popping through the skyline from the south side of the railroad tracks."

"I recommend you use red concrete and red brick so this sore thumb stands out," he said. "Sure, we want development in this town. It was a good idea just the way it was (originally proposed). But for some reason, two extra floors were added."

Residents also were concerned that any new office space will be difficult to fill, especially since a consultant recently advised the city not to build office space for the Hahn Street development nearby.

"The (Addison) property was for lease for over a year and no one wanted it," Pezza said. "We also have the Plass property that will be vacant."

Pezza also pointed to problems with pedestrian safety, turning radius for trucks in the alley, the position of a loading dock and more.

"The problems exist whether its a 45- or 65-foot-high garage," he said. "I would even argue that the 45-foot garage can't work and it needs to be redesigned to deal with those turning radiuses.

"The statement (of the developer) that 'perhaps we won't allow semis in the alley' ... is absurd," he said.

Residents also challenged the developer's statement that the structure won't change the character of the neighborhood because the area already has "lot-line-to-lot-line" development, and tall buildings already exist in the downtown.

"The building that's there now, at Second and Addison, isn't anywhere near lot-line-to-lot-line development," Pezza said. "And you won't find taller buildings anywhere near that location."

He pointed to the Fifth Third Bank building, at 68 feet high, and the nine-story condominium building at Schiller and Palmer Drive.

"That nine-story building is the reason we have the (45-foot height limit)," he said. "The city decided, 'We're not going to let that happen again.' "

Elmhurst resident Sanni Judy said standards for granting variances should be "very high."

"There is no integrity to the zoning and planning process if we grant them except for really, really good reasons," she said. "I don't think anyone wants the maximum number of parking spots at any cost. If it creates a darker, more hollow, less architecturally appealing (downtown) or more congestion in terms of traffic or comfort, more parking does not justify that."

She said the development is an opportunity to improve the downtown.

"If we pass up this opportunity to make (the area) safer and more comfortable and attractive, that's a lost opportunity. If this project solved that problem, it would be a benefit, but I didn't hear anything that sounded like this would (be an improvement)."

At one point, Brian Dannegger of ARCO/Murray said the parking garage would be "the crown jewel" of Elmhurst. Residents scoffed at that notion.

"No parking garage is going to be a crown jewel of a vintage town like Elmhurst," Judy said. "It may be necessary, it may be practical, but let's not call it beautiful."

She also said the city has no business being involved in real estate development.

"As a taxpayer, I have concerns about the city venturing into commercial real estate development," she said. "That's what 'office space' means. If the city has a financial stake in whether the space is rented or not, it faces potential losses. It's a hazardous business."

The city should stick to parking issues and "not make a guess as to what office space can return 10 to 20 years from now."

A report from consultants last year regarding the Hahn Street development pointed to 60,000 square feet of vacant office inventory in City Centre, alone, said Brenner, who also asked that the building not be higher than four stories.

After public comment, Lee Stellakis, director of operations for ARCO/Murray, had another opportunity to respond to residents' concerns.

"This building has not been designed," he said. "We're working with conceptual layouts for what it could look like" based on opinions of experts. He said the design is a "first-stab at what might work" and will be changed to accommodate the recommendations of the city, residents and businesses in the surrounding area.

He said the city "has no financial risk" in the office space as proposed in the favored model of ownership, in which the developer will purchase office space from the city.

"We went through the process of gauging interest, and there was enough feedback that we're comfortable retaining ownership of the office space," Stellakis said.

Commission members closed the hearing at about 10:30 p.m.

"There has been a considerable amount of information presented," Whistler said. "We've had good input from the applicant, extremely good input from the audience."

The commission is scheduled to begin its deliberation on the matter Thursday, May 9. Commission members' decision will not be based solely on meeting standards for a variance, Whistler said. It will be based on "what we think is right and practical," he said.

RELATED:

• Developers of Addison Project Tackle Residents' Concerns at Public Hearing
• Elmhurst Plass Appliances Soon Will Be Closing Permanently
• Developer of Addison Project is Granted More Time to Prepare for Hearing on Building Height

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