Laserfiche WebLink
Regular Council Meeting <br />5-17-99 <br />Page 2 <br />Civic League, Sandy Basile, who tells him that he told Mr. Samac about a year ago and gave him <br />a copy of this title. Mr. Schultz said we stand entirely opposed in spite of the fact that he has a <br />building permit. We are concerned about the ambience of our homes and the protection of our <br />investment. It beams on the whole street--Metro Park and also Zorn. We have done a lot to <br />preserve the Village's character. As some of these things come up, the Civic League must be <br />reactivated. He asked to turn it over to Sandy Basile. <br />Sandy Basile, said he heard about this about a year ago and talked to Bernie. He said he didn't <br />know anything about it so he showed him a copy of his deed which says strictly one story in that <br />area. From what he understands, Mr. Samac has already issued a building permit for the second <br />story. We want to get an official injunction to stop that job completely. <br />Mr. Diemert arrived at this time (8:12 p.m.) <br />Mr. Samac said after the applicant appeared before the A.R.B., he informed Mr. Basile that we <br />are not privy to deed restrictions. In most cases we don't find out about them until after the fact. <br />He also told him that the responsibility for enforcing deed restrictions is the homeowner's <br />association and/or any other resident in that subdivision. Mr. Samac said he also told Mr. Basile <br />that it is the homeowner's association and/or the homeowners who must take the action to stop it <br />and that now would be the time to take appropriate action to stop it. He heard nothing until a <br />few days ago when he talked to Mr. Schultz. In the meantime, the applicant had made revisions <br />to the original application and taken it to A.R.B. He believes he told him pretty much the same <br />thing. The pernut was issued and unless construction started today, construction has not <br />commenced. Essentially it involves constructing a second floor on the house. <br />Council President 1Vlarquardt asked the Law Director to comment. <br />Mr. Hovancsek arrived at this time (8:10 p.m.) <br />Mr. Diemert said he had talked to Mr. Samac about this. It does not appear that there is any <br />requirement in our Village to restrict someone from-having more than one story. Our code and <br />our laws are all that we have the authority to enforce. Deed restrictions are meant for the <br />developer and the homeowners in a particular neighborhood. They can go beyond our codes and <br />have more restrictions than our codes. He does not know by what authority the Village could <br />enforce the deed restrictions. If the property owner were to come back and sue the Village and <br />say they had met all the requirements of our code and has all the approvals needed--they'd say <br />you'd have to give me a permit--he doesn't know how we could not give them one. On the other <br />hand, if this Council wanted to make the decision that they wanted to get involved in enforcing <br />deed restrictions on private property, that would be their prerogative. At this point in time the <br />Administration has their hands tied because we can only enforce our codes. <br />Mr. Basile asked Mr. Samac why he told two other parties who had come to the Village <br />requesting to go up (from our street) that they couldn't do it; he refused to give them a permit.