After five months of hearings in which the village fired its manager and a board member walked out of what he termed an “unlawful proceeding,” the Hinsdale Zoning Board of Appeals has decided against giving a developer more time to build a controversial downtown retail, office and condo building.
On Dec. 15, the six remaining board members voted unanimously to overturn former Village Manager Bohdan Proczko’s January 2005 decision to give developer Anno Domini IV of Hinsdale more time to build the proposed three-story Garfield I at the southwest corner of 1st Street and Garfield Street.
Anno Domini, which includes Gammonley Group of La Grange and Revere Midwest Co. of Hinsdale, said in a statement that the decision would reinstate a court fight that had been on hold pending the Zoning Board’s decision.
“We knew the deck was stacked against us, and we knew we would be back in court,” the statement said. “We now look forward to bringing this matter to a non-political, competent venue.”
On Sept. 21, Zoning Board member Steven Thayer recused himself during the board’s monthly meeting, claiming that the Zoning Board of Appeals lacked jurisdiction to hear four Hinsdale residents’ appeal of Proczko’s decision because, he said, the appeal had not been filed within a 45-day deadline.
“It violates the Hinsdale zoning code,” he said on Sept. 22 of the board’s proceedings, adding that he feared the Zoning Board’s actions would leave the village open to legal damages sought by Anno Domini.
Last spring, Hinsdale residents Karl Weber, Nancy Furey, Patricia Coleman and Nancy Chapa sued the village after it refused to hear their appeal of Proczko’s decision. Coleman later dropped out of the appeal.
Attorney Mark Daniel argued before the Zoning Board that the residents’ March 4 appeal was filed within the 45-day deadline in part because they did not learn of Proczko’s Jan. 7 decision until it was reported to village trustees at a Village Board meeting on Jan. 18.
In October, the Village Board passed an ordinance stripping Proczko of the power to grant extensions for the construction of buildings other than single-family homes. On Nov. 28, Village President Michael Woerner announced that the village had fired Proczko.
Hinsdale trustees originally approved the Garfield I project in February 2004. Construction of the building was delayed as the village negotiated with the developer about a revised plan that would provide more parking.
Village trustees narrowly approved the revised plan, known as Garfield II, on Aug. 17, 2004. On June 13, 2005, a newly elected majority of village trustees passed an ordinance instructing the Zoning Board of Appeals to hear the residents’ appeal even though the previous administration had said that it was filed too late.
On Thursday, attorney Daniel said, “Our position is that the project is dead, but Anno Domini may argue that the Zoning Board of Appeals is wrong.” He said the board had given his clients a public hearing about features of the building that he said should have prompted the village to hold zoning variation hearings in the first place.
“The project floods the surrounding area with traffic,” he said. “My clients will be happy if a building goes up that complies with the zoning.”
