Staff photo/Hal Kettunen Even if his property is re-zoned as general commercial, Brad Thompson, of Thompson Performance , will have to remove the majority of the vehicles on his Grand Marais property.
Nearly 30 people turned out for the Cook County Planning & Zoning Commission meeting on Wednesday, August 12 to ask questions or show support for a zoning change for Thompson Performance on the outskirts of Grand Marais.
The hearing started with Planning & Zoning Administrator Bill Lane explaining that the request for rezoning from residential (R1) to commercial (GC) is the culmination of 21 years of back and forth between Office of Planning and Zoning (OPZ) and Brad Thompson. Lane said the historical use of the 1.4 acre property at 1316 E. Highway 61 has been primarily commercial. The property was zoned as R-1 by Cook County Zoning Ordinance in 1984. Thompson purchased the property in 1988 and began doing business as Thompson Tooling & Tire. Since then, Lane said, OPZ has periodically had conflicts with Thompson regarding home occupation, junk or salvage, and screening issues. Thompson applied for rezoning of his property to General Commercial in 1996, but was denied. In 2009, OPZ referred the matter to County Attorney Tim Scannell for enforcement. Thompson entered a conditional not guilty plea on July 8 and Scannell recommended giving him time to work things out with OPZ.
If the matter is not resolved, Thompson faces potential punishment for a number of land use violations—a petty misdemeanor charge for parking, storing, repairing, or disassembling a vehicle in a residential road within sight of a road; and four misdemeanor charges for operating a business on the same property as the owner’s home that is incompatible with surrounding neighborhood, conducting a non-residential use within a dwelling or accessory building, storing three or more motor vehicles in nonoperable condition, and failing to use fence and screening in the form of permanent plantings. Potential punishment ranges from a $300 fine to confinement in state prison.
Lane stressed that with or without a zoning change, Thompson will be required to remove the numerous vehicles on his property. “General commercial allows service and repair facilities as conditional uses—but it does not allow junk or salvage operations,” he said.
Lane said OPZ had received 13 letters on the matter, all in favor of the rezoning request.
The public was given the chance to speak and nine people, including business competitors Craig Horak, owner of Tire & Auto Lodge and Gene and Jason Lashinski, owners of Grand Marais Motors, spoke in favor of the rezoning. Horak said Thompson is making a “serious effort” to clean up the vehicles on his property.
Jason Lashinski also spoke as a neighbor, stating, “I live across from Brad on County Road 7. With the exception of Stan Bautch, I have the best view of Thompson Performance of anyone. It doesn’t bother me. I am surrounded by similar commercial properties—Bautch’s, Eliasen’s. It isn’t always pretty, but it’s the nature of the business.”
Four people spoke, not in opposition to the rezoning, but expressing concern that Thompson will not fulfill his promise to remove vehicles from his property and that he will expand his outside operations under commercial zoning. Concerns were raised on whether the requirements for screening, set-back guidelines, and removal of vehicles would be enforced. JoAnn Johnson summed up the concerns of her Old Shore Road neighbors when she said, “It seems confusing to me that one would comply and clean up under a more lenient zoning than they have under a more restrictive one.”
Grand Marais resident Gary Croft gave an impassioned plea in support of the rezoning. “I’ve lived here 57 years. The thing I’m most proud of is how everybody respects each other and helps each other out. If we don’t help Brad out; if we don’t help this longtime, legitimate business owner, I’m not proud of our county anymore.”
After public comment, Planning Commission members shared their thoughts. Lloyd Speck said he didn’t understand why this matter had been going on for 21 years. He said he believed a mistake had been made in 1984 when the property was rezoned. John Barton also questioned why the commercial use hadn’t been “grandfathered” when the zoning change was made. Planning Director Tim Nelson noted that the property was operated as an antique store at the time of the zoning change. “We don’t have any records of why that particular parcel was rezoned,” he said.
Barton said, “I’m very disappointed that this has gone on for 20-plus years and the county can’t justify why the change was made. We have to fix this.”
However, Barton said to Thompson, “The salvage business is gone? As hard as it is for you, you’re going to get rid of all those vehicles?”
Thompson nodded, “I’m moving them out to the junkyard. Thatmakes me sad, but I understand that I have to make it look better in other people’s eyes. Thecars gotta go.”
Planning Commission member Richard Olson asked Thompson how many cars were on his property. Thompson said about 25. Olson said, “I think your past refusal to move these cars was maybe what got you into this situation. I think the charges will be dropped if you bring your property into compliance. ”
Dave Tuttle also spoke to Thompson. “This week I’ve been driving around and around your property. I’m in favor of this re-zoning, but I’m sympathetic to your Old Shore Road property owners. I’m a bit skeptical that you will do what you need to do—if you do though, everyone will be okay with this.”
Planning Commission Chair Sam Parker noted that a number of the people that commented referred to Thompson as a hard-working businessman and a really nice guy. “Whether or not the applicant is a good guy or not has nothing to do with this,” said Parker. “We’re changing an ordinance and that is what we have to decide. I believe this ordinance change is reasonable. ”
There was considerable discussion of how restrictions could be applied to the property rezoning, with Planning Director Tim Nelson explaining that an ordinance change does not allow conditions. However, he said the planning commission and the county commissioners could send a letter to the court with recommendations. A unanimous motion was passed to recommend approval of the rezoning. It was also agreed to send the county board a letter with suggestions to be included in a letter to the court. Recommendations were to require screening on the sides and back of the property; setting a timeline of November 30 for removal of vehicles; and that Thompson remain in compliance with all the rules of general commercial zoning.
Thompson is scheduled to return to court on September 9, 2009 to update the judge on progress toward resolution of the zoning issues. The county board will consider the rezoning request on Tuesday, September 8.
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