Attached is a request to “Proceed At Own Risk” relative to a building permit for the Shirley Ryan Ability Lab (“Petitioner”), proposed at 3215 N. Wilke Road. The request comes from Kathleen Duncan, the attorney working on behalf of the Petitioner, who is asking the Village to approve a building permit to allow interior remodel work to proceed while the Petitioner awaits final Land Use Variation consideration by the Village Board. Further details on the project can be found within the Plan Commission online agenda from their February 26, 2020 meeting. 

Project Background:

The Petitioner signed a lease for the 14,786 square foot space in the fall of 2019. After entering into this lease, the Petitioner discovered that their business was classified as a “Physical Rehabilitation Facility”, which use is not allowed within the M-1 zoning district where the property is located. In addition, the Petitioner is proposing a new canopy above the main entrance to the tenant space, which required certain variations as the canopy was considered an “accessory structure”. Finally, a relatively minor parking variation was also required.

On January 17, 2020, the Petitioner filed a complete Plan Commission application, and on February 26, 2020, the Plan Commission held a public hearing on the project. The Staff Development Committee (SDC) recommended approval of the application subject to certain conditions, to which the Petitioner has agreed. The Plan Commission voted 7-0 in favor of a recommendation of approval of the application subject to the conditions as recommended by the SDC. No members of the public objected to the requested approval at the public hearing.

The project was scheduled to appear at the Village Board on March 16, 2020, for consideration and final approval. However, due to concerns surrounding the Coronavirus pandemic, all Village Board meetings in March were cancelled. The Petitioner has already applied for a building permit to allow the interior modifications, and this permit has been reviewed and is ready for issuance pending resolution of the Land Use Variation matter. 

Recommendation

It is recommended that the Village Board approve the proceeding “At Own Risk” and authorize issuance of a building permit to allow the interior buildout while awaiting final consideration of the zoning application by the Village Board. This approval shall be subject to the following conditions:

1. That the Petitioner understands they are proceeding at their own risk since final zoning approval has not yet been granted by the Village. Any required permit fees must be paid at time of permit issuance, and said permit fees will not be refunded if the permit is ultimately revoked by the Village.

2. Should the proposed Land Use Variation, and/or any of the other associated variations be denied, the building permit shall be revoked by the Village, or alternatively, the permit must be amended by the Petitioner to comply with the Municipal Code (if applicable).

3. Should the permit be revoked by the Village, the Petitioner will be required to return the site and building to its original state.

4. Issuance of a building permit shall be subject to compliance with all applicable building permit procedures, requirements, and approvals.