Summertime, and the livin’ is easy…
Well, for a couple of days, at least. My family and I have been engaging in our annual Independence Day holiday ritual: Visiting extended family in the North Woods, where the air is clean, the boating is fun, kids’ laughter is contagious, and the darkness at night gives a whole new meaning to the term “black”. We’re re-charging our batteries, and I’ll be a new and improved Realtor, come Monday morning, no doubt.
To our readership, we hope that you may celebrate a happy and worry-free holiday weekend, and to our servicemen and women abroad and everywhere else, we wish you a safe Independence Day holiday. Thank you for all you do.

  

Yes, Ladies and Gentlemen, you read that right. Last night, at the conclusion of a two and a half hour meeting between Ald. Doherty, the 41st Ward Zoning Advisory Board, about 50 residents of the subdivision north of Touhy Ave in North Edgebrook, and the owner of 6000 W Touhy Ave, Gus Tountas, along with his architect, his attorney, and a representative from L A Fitness, the Advisory Board (almost) unanimously voted in favor of downzoning the property at 6000 W Touhy Ave. from its current zoning of B3-1 to B1-1 (one or two board members were absent).

The vote was preceded by a spirited debate, during which the residents and the advisory board for the first time learned about some of the details of the proposed 288-car garage structure. Mr. Tountas’ architect explained that the plan calls for two levels of parking below grade, and one story above grade, with the top of the street level to be used as a parking deck (essentially, four levels of parking). The proposed L A Fitness facility would be intended to operate between the hours of 5 am and 12 am (*GASP*). Advisory board member Dick McDowell eloquently expressed that he was primarily interested in a solution that would be acceptable to both the residents of the subdivision, as well as to Mr. Tountas. To that end, he suggested that Mr. Tountas close off the Meade Ave. ingress/egress point to 6000 W. Touhy, and utilize the Center Point Road entrance/exit exclusively. This suggestion was not acceptable to Mr. Tountas. All in all, the dog and pony show presentation that Mr. Tountas’ architect delivered to sell the project to the advisory board was long on aesthetics of the proposed structure, but ultimately short on substance to convince the board to recommend maintaining the current zoning of B3-1. Mainly, no satisfactory answers could be provided to the board when asked about access plans to the garage structure by emergency department vehicles.

Kudos to the residents whose collective time, effort and preparation led to this victory, however, I am almost tempted to say “a day late, and a dollar short”, because my understanding as a legal layman is that since the permit process for this proposed garage was already in process prior to the impending downzoning decision by Ald. Doherty, the project would be “grandfathered”. The application itself is still under review on various points in the Zoning and Planning Departments. But should the application pass all requirements, Mr. Tountas would potentially be free to proceed with his plans (someone please correct me, if I’m wrong here). Upon conclusion of the meeting, one of the residents observed Mr. Tountas storming out of the meeting room, defiantly proclaiming: “The garage will be built!”

As a Chicago resident, my understanding has always been that Aldermen of any ward in Chicago possess what’s called an “aldermanic prerogative”, the supreme right as it were, to determine what shall be built within their ward and what shall not. Eric Zorn from the Chicago Tribune rightfully points out that aldermanic prerogative is a very useful instrument when it comes to sorting out small zoning matters rather than burden the entire Chicago City Council with local issues such as curb cuts, variances and the like.

That being said, the saga surrounding 6000 W Touhy in Chicago’s North Edgebrook neighborhood continues to unfold behind the scenes, and it seems as though the unwritten rule of aldermanic prerogative has been in suspension for Alderman Brian Doherty (41st Ward). During numerous meetings over the last year with residents of the small subdivision north of Touhy Ave., consisting of Meade, McVicker, and Sherwin Avenues, Ald. Doherty has given the residents the impression that he is siding with them on the issue of the proposed 300-car parking garage. The residents strictly oppose the construction of this garage for a variety of reasons. Ald. Doherty has been balancing a tightrope trying to avoid alienating the residents, as well as the owner of 6000 W Touhy Ave., Gus Tountas, who is attempting to build the 300-car garage to accommodate the parking needs of a new health club in this building.

The issue here is this: A 300-car garage will cause a complete traffic nightmare for this tiny subdivision, because the only legitimate ingress/egress points to the garage would be off of Meade Ave. An exit/entry point to this property from Center Point Road (east end of 6000 W Touhy Ave.) would mean having to utilize an easement that is leased by Mr. Tountas. Not a reliable solution for the amount of traffic that we would be talking about with a 300-car garage. To make matters worse, the traffic light at the Meade/Touhy Ave. intersection has a 2-3 minute red/20 second green cycle which would cause a perpetual traffic backup on Meade Ave.

Nevertheless, the latest status of the application for the garage permit on the City of Chicago website is shown as follows:

This is more than puzzling, because it appears that since the most recent 41st Ward Zoning Advisory Board meeting in early June (at which Mr. Tountas didn’t show up), Mr. Tountas appears to have made quite a few inroads on his way to securing a complete permit for the construction of the garage. In other words, while the residents have been discussing this matter for more than a year with their Alderman and the Zoning Advisory Board, Mr. Tountas has been working behind the scene (not with the community) to make this monstrosity happen. Meanwhile, Brian Nadig from the Reporter & Journal Nadig Newspapers reported on June 28, 2008 in Volume 44, Number 26, on page 1:

Doherty said Thursday that he was not notified of several permit applications for the site despite his request that a hold be placed on issuing permits for the property. “I had to call (the city’s zoning and planning departments),” Doherty said. “I’m very disappointed with the city administration.”

So Ald. Doherty is disappointed, huh? But what exactly happened to aldermanic prerogative, in this case? Or is this not really about aldermanic prerogative, rather Ald. Doherty not being straightforward with his constituents? I’m just asking, you know, because something in this story doesn’t add up. In the interim, it appears as though Mr. Tountas’ project is moving forward because his application for a permit for the health club was filed before an ordinance to rezone the site was filed, hence the site would not be subject to B1 zoning requirements. Again, thanks Mr. Doherty, while we’ve been discussing the downzoning issue with you and the Zoning Advisory Board month after month after month, Mr. Tountas was able to sneak in his application behind our backs which in essence means that the residents have been wasting their collective time pleading their case with you and the Advisory Board.

We live in Chicago, and I understand that. But Dan Mihalopoulos’, Robert Becker’s and Darnell Little’s Tribune piece really hits home for me now.

show·down /ˈʃoʊˌdaʊn/ [shoh-doun]

–noun

1. the laying down of one’s cards, face upward, in a card game, esp. poker.

2. a conclusive settlement of an issue, difference, etc., in which all resources, power, or the like, are used; decisive confrontation: An international showdown was inevitable.

—Synonyms 2. crisis, climax, encounter, clash.

Source: dictionary.com

Although the showdown we’re about to witness is limited to Chicago’s North Edgebrook neighborhood, it is indeed inevitable. It evolves around the building at 6000 W. Touhy Ave. which houses the Frozen Ropes baseball training center, Edgebrook Bank, and Athletico Rehab Center. This building was newly constructed a couple of years ago, and has been the subject of a highly poisoned relationship between the residents of a 94 home subdivision encompassing Meade, McVicker, and Sherwin Avenues and the owner of 6000 W. Touhy, Gus Tountas (Full disclosure: My family and I are residents of this subdivision). Below, is an aerial photo of the site in question.

History

The original zoning designation of this property was B2-1, when it housed medical offices which were eventually torn down. In 2003, the property was up-zoned to B4-1, in order to accommodate the current owner’s request to build a structure that would be able to house a baseball academy. Actually, the owner had sought a C-zoning (a higher zone than the baseball academy required), but the residents fought hard to limit the zoning change to B4-1. At the time, the owner’s representatives (architects, developers, attorneys) gave numerous presentations during meetings with the residents of the affected community, Ald. Doherty, and the 41st Ward Zoning Advisory Board at the Olympia Park Fieldhouse, assuring everybody that no further development would be proposed for this site once the structure for the baseball academy was built. The preparation of traffic studies was promised to the residents and to the Alderman. The residents never saw any of these traffic studies. The parking requirements were pegged at approx. 75 cars which were noted as adequate and sufficient, per the developer himself. Moreover, maintenance of “open space” between this property and its residential neighbors was promised. In return for having been granted B4-1 zoning rights, the owner had to agree to abide by certain restrictive covenants. The 78,000 sqft. structure was eventually built, but in late 2004, when the Chicago Zoning Ordinance was revised from the ground up, 6000 W Touhy was automatically re-classified as a B3-1 zone (Community Shopping Center).

Three Years Later

Gus Tountas, the owner of 6000 W Touhy, has been renting office space to Edgebrook Bank, and to Athletico. At the east end of the building, he himself operates the Frozen Ropes Baseball Academy. In 2007, the residents of the subdivision north of Touhy were informed that Mr. Tountas had applied for a permit to construct a 300-car garage on his property, consisting of an underground level, and two stories above grade. This garage was to be built on the part of the property which is currently designated the outdoor parking area for approx. 75 vehicles. Residents of the subdivision met with Ald. Doherty several times last year to discuss this situation which is unacceptable to the residents. Ald. Doherty had explained during one of these meetings that Mr. Tountas had approached him with an inquiry about the possibility of building a 300-car garage at 6050 W. Touhy, were Mr. Tountas to purchase that property. 6050 W Touhy is located on the northwest corner of the intersection of Touhy and Meade Avenues and is owned by a church (Evangelical Students Fellowship). Ald. Doherty made it clear to Mr. Tountas that he would not allow him to build a garage on that property, were he to purchase it.

Mr. Tountas subsequently went to Plan B, and applied for a permit for the garage on his own property. Problems crept up with his application because apparently the rear setback requirements mandated by the zoning ordinance could not be met. Throughout this, Mr. Tountas has been consulting with the venerable Jim Banks, whom he had presumably hired to take care of the “problem”.

Why The Need For A 300-Car Garage?

This is the question residents have been asking themselves and Alderman Doherty, but nobody has had an answer. The businesses that are currently operating at 6000 W Touhy sure would not have a need for that many parking spaces. Mr. Tountas’ lips have been sealed, and the attorney that he has been sending to the Zoning Advisory Board meetings with the residents, hasn’t had any answers either. Finally, a few weeks ago, the residents of the subdivision decided to organize a petition to have 6000 W Touhy downzoned to B1-1 (Neighborhood Shopping Center). Over 90 signatures were collected and forwarded to Ald. Doherty. The ball has been in the court of the Zoning Advisory board ever since, which first held a meeting on May 7, 2008 to discuss this petition with the residents. At the conclusion of that meeting, Ald. Doherty promised to contact the City Zoning Administrator to inquire whether a 300-car garage would be permitted under any of the B-zoning classifications. That meeting also brought to light the Alderman’s hesitation to downzone the property to B1-1. He’d much rather downzone it to B2-1, arguing that [sic] he’d hate to take away people’s property rights.

And what about the rights of the neighboring residents, Mr. Alderman, who would have to endure a massive clogging of their subdivision, due to 300 cars attempting to exit the subdivision with a traffic light on Meade Ave. that has a 2-minute red/20-second green cycle? And please remember, Meade Ave. is the only legitimate ingress/egress point for this shopping center. The east gate entrance of the center faces an easement on Center Point Road that is leased by Mr. Tountas. We have witnessed in the past that the owner of the easement has barricaded the east entrance of the center for one reason or another, leaving Meade Ave. as the only ingress/egress points. Take a look at the picture below. It shows a 5-car backup on Meade Ave., waiting at the red light, at a time when we don’t even have the 300-car garage yet. Now, allow me to paint a picture here: Imagine about 80 cars attempting to exit from the center on to Meade Ave., all at the same time, with a 2-minute red light. Mayhem? You bet! And I’m not even talking about the noise and the exhaust fumes of the idling engines that would pollute the lungs of dozens of children that live in our subdivision. How ’bout a traffic study?

The Smoking Gun

The second meeting of the residents with Ald. Doherty and the Zoning Advisory Board regarding this issue was scheduled for June 4, 2008. Ald. Doherty reported that he had contacted the office of Chicago’s zoning administrator Patty Scudiero with an inquiry as to whether or not a 300-car parking garage on the site at 6000 W Touhy Ave. would be permissible, in terms of the zoning ordinance. Alas, he hadn’t received an answer yet.

One of the residents of the subdivision, had been proactive though and had done a little research of her own on the cityofchicago.org website, prior to the second meeting. And what she found there, was a big piece of the puzzle. Take a look at this:

Mr. Tountas has been quietly filing a permit for the operation of a health club at 6000 W Touhy, apparently to replace the Frozen Ropes Baseball Academy operation. Rumors are, it’s for “L A Fitness”. However, if you look at the status of the permit, you’ll notice that it was denied on May 29, 2008. No one knows why. But the revelation of this piece of news angered Ald. Doherty to no end, particularly, because he had spoken with Mr. Tountas’ attorney Jim Banks in the morning, who never mentioned anything to the Alderman about these plans. Tountas’ attorney present at the meeting didn’t know anything about this either (at least, so he claims).

Ald. Doherty throws down the gauntlet

This is not the first time that Mr. Tountas has shown nothing but contempt for Ald. Doherty, let alone the residents of the adjacent community. Apparently, the construction of the building was supposed to be done with the help of union workers, but Mr. Tountas ended up hiring non-union labor. Certainly less expensive for him, but major headaches for the Alderman who had to respond to angry union phone calls afterwards. For months on end, residents had to listen to picketing union workers voicing their discontent with loud bullhorns, as early as 7:00 am.

In the winter of 2006/2007, Mr. Tountas hired a company that drilled a hole in his parking lot close to Meade Ave., and subsequently pierced a gas main. About 30 Peoples Energy trucks, along with an army of Peoples Energy field technicians were on the scene, trying to repair the damage throughout the day. Of course, the gas supply to the entire subdivision had to be suspended for a whole day. In the winter. Some residents’ front yards had to be completely dug up. The company that pierced the gas line disappeared from the scene, as quickly as they had shown up. Peoples Energy certainly doesn’t fix problems that are caused by their customers, for free, so they turned to Mr. Tountas. He pointed the finger at his contractor who in turn told Peoples Energy that they merely dug a hole where they were told by Mr. Tountas. Not sure where they stand on that discussion, at the moment. But the main travesty is that the residents who were left without heat and other gas-driven necessities in the middle of the winter, didn’t even receive as much as a letter of apology from Mr. Tountas.

So, Ald. Doherty, threw down the gauntlet last Wednesday night, and instructed Mr. Tountas’ attorney in no uncertain terms to let his client know that the Advisory Board expects to see Mr. Tountas in person at the next Advisory Board meeting on July 2, 2008, in order to hear what his plans are for 6000 W Touhy. Should Mr. Tountas fail to show up, Mr. Doherty will downzone the property to B1-1.

While showing one of our listings to a buyer’s agent and her clients today, she asks me the following questions:

Q1: So, is this house a short sale, or a foreclosure?

Me: Uh, neither. I would have mentioned it in the listing sheet, if it were.

Q2: (After I had already mentioned to her two seconds earlier that the sellers are not aware of any material defects in the house, and have put this down in writing on the disclosure form) So, are there any problems with water in the basement?

Me: Not to the sellers’ nor my knowledge. The disclosure form is clean.

On her way out the door:

Q3: So, how flexible are the sellers?

Me: The ball is in the buyers’ court. It all starts with an offer from the buyers.

Here she was, and hadn’t even had a chance to talk with her clients to see whether or not they liked the house at all, and already she wanted to know how negotiable the sellers are. She was fortunate that I was in a good mood today, otherwise I would have asked her if she wanted to know exactly how much below asking price our clients are willing to accept.

Moral of the story: When your property is on the market for sale, and you are asked questions by a buyer’s agent or by buyers, always be sure to defer them to your real estate professional, as you may run the risk of compromising your negotiation position. Unrepresented sellers (FSBO’s) are a bit at a disadvantage here, but if you do get uncomfortable by certain questions posed to you, please defer them to your attorney.