Updated: May 24
Save Lisle Place has once again beat the Board in court. This time we finally achieved our overall objective: have a third-party custodian conduct a free and fair election. The judge presiding over our case was so tired of the Board attempting to drag this on indefinitely that she sua sponte (voluntarily, without request) appointed a custodian to conduct the election. This hearing, in fact, had nothing to do with appointing a custodian. That was to come later. It had to do with the Board trying to block our lawyer’s attempt to protect the 11 plaintiffs from retaliation! The judge saw through the Board’s scare tactics and stalling attempts, and thus ended discovery and proceeded with the appointment.
There may be some confusion created by the Board on why we are zoned improperly with the County of DuPage. They will once again blame it on the balcony railings. Here’s a transcript of an email from Paul Hoss, Planning and Zoning Administration Coordinator. He was asked several questions by a homeowner:
A) The Board is telling the owners that the County told them that EVERY balcony needs to be replaced. Is this true?
Paul Hoss: No
B) The Board is telling us that they did not need permits to get the balconies done. Is this true?
Paul Hoss: The only permits the County will issue is for balconies and railings if those items are considered in need of repair per our Building Department.
C) I was in the County office and was informed that since we are not zoned properly that only in exigent circumstances where the balcony needs to be repaired will a permit be approved at this time. Is this accurate or did I misunderstand?
Paul Hoss: Yes that is accurate
D) The board has told us that the ONLY reason we have not been zoned properly is because the balconies have not been replaced. Is this true?
Paul Hoss: No
What is the reason we are not zoned properly?
Paul Hoss: By State law when a property is de-annexed the property automatically goes to the most restrictive zoning category in the jurisdiction. In the instant case the most restrictive zoning category is R-1 Single Family Residential Zoning District. Multi-family development is not permitted in the R-1 District. As such, the property needs to go through the re-zoning process. No property owner or HOA has begun the re-zoning process.
What needs to be done to achieve this?
Paul Hoss: The owners (HOA) need to start the online zoning application process. Attached is the link to same: https://aca-prod.accela.com/DUPAGE/Welcome.aspx
So there you have it. We are zoned improperly because of the de-annexation from the Village of Lisle. We’d encourage you to verify the accuracy of this content. Paul can be reached directly at email@example.com or (630) 407-6756.
They’re also in litigation with DRF Installations, Inc. DRF did research, hired architects and engineers, drafted plans, submitted permits, wrote proposals, and began work on installing a sprinkler system for the buildings. The Board decided to instead de-annex, not comply with the Village’s safety concerns, and of course stiff DRF for their work.
Now that we have a third-party custodian, a free and fair election is imminent. Look out for the 5 SLP-endorsed nominees for the Board in our next blog post.