v.
Lake County Zoning Board of Appeals
Digitally signed by Reporter of Decisions Illinois Official Reports Reason: I attest to the accuracy and integrity of this document Date: 2017.12.12 Appellate Court 11:01:20 -06'00'
Housing Authority v. Lake County Zoning Board of Appeals, 2017 IL App (2d) 160959 Appellate Court THE HOUSING AUTHORITY OF THE COUNTY OF LAKE and Caption PADS LAKE COUNTY, Plaintiffs-Appellees, v. THE LAKE COUNTY ZONING BOARD OF APPEALS; GREGORY G. KOEPPEN, MARVIN J. RAYMOND, JOHN REINDL, GERALDINE STIMPSON, AL WESTERMAN, CAROL ZERBA, and GEORGE BELL, in Their Official Capacities as Members of the Lake County Zoning Board of Appeals; ERIC WAGGONER, in His Official Capacity as the Director of the Lake County Planning, Building and Development Department; JENNIFER MUELLER; MARY ANN RYAN; AMY FOOR-NOLAND; JOYCE BOZACKI-RAE; MELISSA PEARLMAN-RICH; MARY TOUPS MISKE; SAM FAZIO; CHERYL GOREY; LARRY SCHAEDEL; SHERI BUERGEY; ROSE ARENDARCZYK; DONNA FITZPATRICK; and DANIEL McMANUS, Defendants (Jennifer Mueller, Mary Ann Ryan, Amy Foor-Noland, Joyce Bozacki-Rae, Melissa Pearlman-Rich, Mary Toups Miske, Sam Fazio, Cheryl Gorey, Larry Schaedel, Sheri Buergey, Rose Arendarczyk, Donna Fitzpatrick, and Daniel McManus, Defendants-Appellants). District & No. Second District Docket No. 2-16-0959 Filed October 11, 2017 Decision Under Appeal from the Circuit Court of Lake County, No. 15-MR-1133; the Review Hon. Thomas M. Schippers, Judge, presiding. Judgment Affirmed. Counsel on Daniel C. Shapiro, Justin A. Silva, and Ian T. Brown, of Shapiro & Appeal Associates Law, of Northbrook, for appellants. Robert J. Masini and David L. Hazan, of Diver, Grach, Quade & Masini, LLP, of Waukegan, for appellee Housing Authority of the County of Lake. Mariah F. DiGrino, Thomas F. Geselbracht, and Kenneth L. Schmetterer, of DLA Piper LLP (US), of Chicago, for other appellee. Panel JUSTICE BIRKETT delivered the judgment of the court, with opinion. Justice Schostok concurred in the judgment and opinion. Presiding Justice Hudson dissented, with opinion. OPINION ¶1 In this appeal, we address the issues arising from a change-in-use permit issued by defendant Eric Waggoner, the director of the Lake County Planning, Building and Development Department (Waggoner will hereinafter be referred to as the Director; the Lake County Planning, Building and Development Department will hereinafter be referred to as the Department; neither the Director nor the Department is a party to this appeal), regarding the subject property, commonly known as Midlothian Manor, located in unincorporated Lake County, near the Village of Lake Zurich. The change-in-use permit was issued at the behest of plaintiffs, the Housing Authority of the County of Lake (the Authority) and PADS Lake County (PADS). Following the issuance of the permit, defendants Jennifer Mueller, Mary Ann Ryan, Amy Foor-Noland, Joyce Bozacki-Rae, Melissa Pearlman-Rich, Mary Toups Miske, Sam Fazio, Cheryl Gorey, Larry Schaedel, Sheri Buergey, Rose Arendarczyk, Donna Fitzpatrick, and Daniel McManus (collectively, defendants) administratively appealed the Director’s decision to defendant the Lake County Zoning Board of Appeals (Board). 1 Following a three-day public hearing, the Board reversed the Director’s decision and denied the change-in-use permit. Plaintiffs appealed, under the Administrative Review Law (735 ILCS 5/3-101 et seq. (West 2014)), to the circuit court of Lake County. The circuit court reversed the Board’s decision and reinstated the change-in-use permit. Defendants appealed the judgment of the circuit court. On appeal, defendants contend that the Board’s decision to reverse the Director’s decision was not clearly erroneous because the Director misapplied the
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applicable provisions of the Unified Development Ordinance of Lake County (Unified Development Ordinance) (Lake County Code of Ordinances § 151.001 et seq. (adopted Oct. 13, 2009)) in determining that the proposed use of Midlothian Manor would be a “government use (no assembly space)” in a residential area zoned R-1. For the following reasons, we affirm the circuit court’s judgment reversing the Board’s decision.
¶2 I. BACKGROUND ¶3 We summarize the pertinent facts appearing in the record. In 1946, the Authority was established pursuant to the Housing Authorities Act (Act) (310 ILCS 10/1 et seq. (West 2014)). The Authority was created to address the “shortage of safe and sanitary housing” available in Lake County to persons of limited financial resources. The Act empowers the Authority to create low-rent housing projects, as well as to build and operate housing accommodations. See 310 ILCS 10/2 (West 2014). The Authority is also expressly authorized to make and execute contracts with others to carry out its objectives. See 310 ILCS 10/8.5 (West 2014). The Authority works on its own and with developers to fulfill its statutory goals. ¶4 The Authority’s operations dovetail with the objectives of the United States Department of Housing and Urban Development (HUD). HUD has directed public housing authorities to work to end homelessness, specifically for the “chronically homeless,” whom HUD defines as persons with disabilities that contribute to their homelessness. The Authority, in conjunction with the Lake County community development department and the Lake County Coalition for the Homeless, developed the “Zero: 2016 Campaign” to end chronic homelessness. In addition to this partnership, there are a number of other facilities in Lake County that address the issue of homelessness run by county governmental bodies, other charitable organizations, and PADS. ¶5 In 2006, the Authority, in collaboration with other public and private entities, drafted the “Lake County 10 Year Plan to End Homelessness,” which included goals specifically targeting chronic homelessness. The plan’s goal was to create 44 new permanent housing units throughout Lake County for chronically homeless persons. The proposed use of the subject property would prevent the loss of 13 units of permanent housing for the chronically homeless and would add one new unit. ¶6 Founded in Lake County in 1972, PADS is an Illinois not-for-profit organization that supports homeless persons. To that end, PADS offers services including temporary emergency shelter, permanent supportive housing, and comprehensive support. On average, PADS assists between 1800 and 2000 persons every year. ¶7 As is relevant to this appeal, PADS operates a program named “Safe Haven.” Safe Haven offers permanent housing support to chronically homeless adults. Adults who have mental illnesses or other issues that prevent them from achieving stable housing situations are eligible for assistance from the Safe Haven program. PADS’s objective in helping the chronically homeless draws its definitions, as well as some funding, from HUD. HUD’s definition of chronically homeless persons includes those with physical, mental, and developmental disabilities. Following HUD’s lead, PADS’s Safe Haven program subscribes to the approach of “housing first/harm reduction,” which allows persons to enter the program with limited barriers. The program attempts to provide a period of stabilization, followed by the initiation of services, and eventually attempts to transition the participants into permanent housing.
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Historically, the participants have been about 60% male and 40% female, with some, but not all, being veterans of the armed services. ¶8 At the time of the proceedings before the Board, Safe Haven was operated out of the federal Veteran’s Administration facilities in North Chicago. The federal facilities needed the space occupied by Safe Haven, so for several years, PADS looked for a new facility to house the recipients of Safe Haven’s services. In North Chicago, Safe Haven provided 13 rooms; the residents were not permitted to eat or cook in their rooms, but they were offered a meal service, along with support from staff, including a social worker and a nurse. When PADS was required to relocate Safe Haven, it submitted a proposal to use the then-vacant Midlothian Manor building to house the program. PADS contemplates that the residents will be able to use their in-room kitchenettes to prepare frozen or prepackaged meals and will be able to eat in their rooms. ¶9 Midlothian Manor was constructed in 1997 and used as an assisted living facility for low-income elderly persons. The building is about 9500 square feet, it is a single-story L-shaped structure, and it is sited on a 2.56-acre lot located in an area zoned R-1, a low-density residential zoning district. As it stands, the building has 14 attached single-room occupancy units. Included are common areas, such as a lobby, a laundry facility, and a kitchen that contains an oven, a stove, and a sink. Each unit has a kitchenette, consisting of a countertop, a microwave oven, and a small refrigerator. The units do not include kitchen-area sinks; instead, the occupants will be expected to use their bathroom sinks for water needs and hygiene. The units all have bathrooms and exterior patios. The patios, however, are not contemplated for use by the residents but only to provide exits in case of a fire or other emergency. ¶ 10 Around 2001, the ownership of Midlothian Manor was transferred to the Authority. According to the Director, zoning staff was not consulted at the time of the transfer, so there was never a determination of the subject property’s use in the Department’s records. The Authority operated Midlothian Manor as a senior assisted-living facility between 2001 and 2010. Around 2010, due to chronic operating losses, the Authority discontinued operating Midlothian Manor, and the building stood vacant. Defendants point out that, from 2001 through 2014, the Authority did not seek to have the subject property reclassified as a “government use.” ¶ 11 While Midlothian Manor lay vacant, the Authority explored ways to use it. Eventually, the Authority issued a request for proposals of ways to use Midlothian Manor to provide housing and services to homeless persons. PADS submitted a proposal, suggesting that it could operate its Safe Haven program at Midlothian Manor. The Authority accepted PADS’s proposal. ¶ 12 In 2014, the Authority entered into negotiations with PADS to lease Midlothian Manor for PADS’s Safe Haven program. Around September 2014, PADS and the Authority approached the Department, seeking guidance regarding the proposed use and the zoning requirements. Department staff suggested, based on the information available in September, that PADS’s proposed use was consistent with the assisted-living use defined in the Unified Development Ordinance and that such a use would require a conditional-use permit. (As part of the process to obtain a conditional-use permit, a public hearing on the proposed use would be required.) On October 30, 2014, the Department provided PADS and the Authority with an application for a conditional-use permit. ¶ 13 After the Department, PADS, and the Authority had more discussions and exchanged information, on November 13, 2014, Brittany Sloan, the Department’s deputy director,
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suggested to the Department’s counsel that it might be feasible to classify the proposed use as a “government use.” This had the advantage of being a permitted use in the R-1 zoning district and would not require PADS and the Authority to obtain a conditional-use permit. ¶ 14 Apparently, after Sloan’s suggestion, the die was cast: on January 21, 2015, PADS submitted a change-in-use permit application for the subject property. In the application, PADS represented that the then-existing use of the property was “vacant government” and requested a permit for “government use—Save Haven project.” On February 2, 2015, the Director granted PADS’s application. On February 4, 2015, defendants, all of whom reside near Midlothian Manor, administratively appealed to the Board, seeking to reverse the Director’s decision granting PADS’s change-in-use permit from, as represented by defendants, “its previous use as an Assisted Living facility to a ‘Government Use.’ ” ¶ 15 Beginning on May 12, 2015, the Board held a hearing on defendants’ appeal. The Director testified about how he had made the decision to grant PADS’s application for a change-in-use permit. The Director noted that he considered information that had been presented to the Department’s staff along with information that was not available to be considered by the staff; accordingly, he had considered more information than the staff had. ¶ 16 The Director explained that “the first primary responsibility in these kinds of matters where there is a potential for a use to be classified as a government use is to look at the actual ownership of the property and the purpose to which the property would be used.” The Director asserted that, if the property’s use would directly satisfy a statutory responsibility of the governmental unit involved, then he would classify it as a government use. ¶ 17 The Director illustrated his thought process by hypothesizing two road construction equipment storage facilities: one owned by a governmental entity, such as a township, and one owned by a private entity, such as a road-building contractor. Under the R-1 zoning classification, the facility owned by the governmental entity would be permitted as a government use; the facility owned by the private entity would not be permitted at all. In the Director’s view, the Authority’s lease of Midlothian Manor to PADS did not disturb the governmental ownership and, because the Act contemplated private operators, PADS’s use of Midlothian Manor to house its Safe Haven program would directly satisfy the Authority’s statutory responsibility. The Director thus concluded that the proposed use constituted a government use, which was a permitted use in an R-1 zoning district. ¶ 18 The Director testified that he did not directly consider appendix F of the Unified Development Ordinance. Appendix F, according to the Director, is a “non-regulatory” guide to assist in assigning a specific use type based on a use category. The Director testified that, as such, it was only an informational exhibit and the actual language of the ordinance takes precedence over the examples given in the appendix. Thus, the Director acknowledged that, although appendix F placed “government use” into the nonresidential category, that categorization did not control his determination because the actual language of the ordinance trumped appendix F’s categorization. The Director also testified that he did not consider the “Lake County Regional Framework Plan” because the plan is an aspirational and guiding document, not a regulatory document like the ordinance. ¶ 19 The Director consulted the use table of the Unified Development Ordinance. See Lake County Code of Ordinances § 151.111 (adopted Oct. 13, 2009). “Government use (no assembly space)” is listed as a permitted use in an R-1 zoning district. Id. The other categories of government use, “Government use (10,000 sq. ft. or less of assembly space),” “Government
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use (more than 10,000 sq. ft. of assembly space),” and “Community service not otherwise classified,” all require a conditional-use permit in an R-1 zoning district. Id. The use table groups all the government uses into the use category “Community service.” Id. Section 151.270(D)(3) of the Unified Development Ordinance provides: “(3) Community service. (a) Characteristics. Community services are uses of a public, non-profit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community services or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, non-profit, or charitable nature. (b) Accessory uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; and athletic facilities. (c) Examples. Examples of the community service uses ‘not otherwise classified’ include the following: libraries, museums, neighborhood or community centers, senior centers, and youth club facilities. (d) Exceptions. [1]. Private lodges, clubs and private or commercial athletic or health clubs are classified as retail sales and service. [2]. Public parks and recreation are classified as parks and open space.” Lake County Code of Ordinances § 151.270(D)(3) (amended Aug. 14, 2012). ¶ 20 After settling on “government use,” the Director turned to the issue of assembly space. Section 151.112 deals with use standards. It provides: “(W) Government use. The standards of this subsection shall apply when a government use is located within a platted residential subdivision and takes direct access exclusively to a local road: (1) Operational requirement. Hours of Operation shall be limited to 8:00 a.m. to 8:00 p.m.; any assembly occurring outside these established hours of operation shall require a temporary use permit in accordance with § 151.114(K) [(Lake County Code of Ordinances § 151.114(K) (adopted Oct. 13, 2009))]. A maximum of 15 such events per calendar year (per zoning lot) shall be permitted. Requests for modifications or waivers from the limits of this subsection shall require review and approval in accordance with the delegated conditional use permit procedures of § 151.050 [(Lake County Code of Ordinances § 151.050 (amended Aug. 14, 2012))]. This operational requirement shall not apply to the following activities: ancillary activities unrelated to the core service functions of the government institution, involving, in the aggregate, only a fraction of the assembly space. (2) Classification. A school, day care, or camp associated with the use shall be classified as a separate principal use.” Lake County Code of Ordinances § 151.112(W) (amended July 14, 2015). ¶ 21 In turn, section 151.114(K) provides: “(K) Events of public interest. Events of public interest, including but not limited to picnics, races for motorized vehicles, water craft or air craft races, fishing derbies,
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dinner dances, fundraisers, survival games, haunted houses, outdoor concerts, auctions, tent meetings, and supervised public display of fireworks shall be subject to the following standards.” Lake County Code of Ordinances § 151.114(K) (amended July 14, 2015). Section 151.114(K) also provides a “commentary” providing examples of events that will not be considered to be events of public interest: “Private non-commercial events on the sponsor’s property such as home owners’ associations picnics at the subdivision park, corporate picnics on the corporate campus, private weddings at a private residence or subdivision clubhouse, and the like, are not considered events of public interest.” Lake County Code of Ordinances § 151.114(K), Commentary (amended July 14, 2015). ¶ 22 Finally, “assembly space” is defined in section 151.271 (Lake County Code of Ordinances § 151.271 (amended Oct. 13, 2015)). Section 151.271 initially provides guidance regarding its use in defining the terms listed in that section: “Words and terms used in this chapter [(specifically referring to the Unified Development Ordinance)] shall be given the meanings set forth in this section. All words not defined in this section shall be given their common, ordinary meanings, as the context may reasonably suggest. The use-related terms are mutually exclusive, meaning that uses given a specific definition shall not also be considered to be a part of a more general definition of that use type. A ‘bookstore’, for example, shall not be considered a general ‘retail sales and service’ use, since ‘bookstore’ is a more specific definition of that use.” Id. Among the defined terms, “assembly space” is defined as “[s]pace intended to accommodate a group of people gathered together, for a particular purpose, whether religious, political, educational, or social.” Id. Examples include, but are not limited to, “meeting rooms/halls, classrooms, worship halls, and social halls.” Id. The section also defines “government building (or use)” to mean: “A building or structure owned or leased by a unit of government and used by the unit of government in exercising its statutory authority.” Id. Examples of government buildings include, but are not limited to, “township and forest preserve structures, postal offices, public sewage treatment plants, public water treatment plants, fire stations, and public libraries.” Id. ¶ 23 The Director testified that he consulted the above-quoted provisions while puzzling over the issue of assembly space. In the Director’s opinion, “assembly space” was related to “functions of a public nature” because the definition of government use referred to events of public interest in discussing its contours and requirements. The Director explained that a function of a public nature was where the public had “come to a particular property for a particular gathering purpose, rather than residents of that actual building.” In the Director’s view, section 151.271’s examples of assembly space addressed situations that were generally public and social. The Director testified that “[a]ssembly space is space in which the public assembles,” requiring public access. The Director distinguished private gatherings, testifying that “[i]t is not [a public] event when someone has a family dinner at one’s house.” In arriving at this conception of assembly space, the Director noted that he had reached a similar interpretation during a text-amendment process two years before these proceedings. Also important to his decision was the fact that, according to the information he reviewed, the common areas identified in Midlothian Manor would be used only for the residents of the facility and the support staff. In the Director’s opinion, the fact that there was no “assembly
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space,” because it was not open to the general public, meant that section 151-112’s provision limiting the hours of operation to 8 a.m. to 8 p.m. did not apply. ¶ 24 On November 19, 2014, the Director advised the Authority of his determination that the proposed use of Midlothian Manor would be a “government use (no assembly space),” which was permitted in the R-1 zoning district. On February 2, 2015, a building-and-use permit was issued. The permit identified certain physical improvements to be completed before a certificate of occupancy would issue. The permit authorized the change in use from “vacant” to that proposed by the Authority. ¶ 25 The Director testified that, between his determination and the issuance of the building-and-use permit, he had been contacted by many of the neighbors of Midlothian Manor. On January 12, 2015, the Authority and PADS, upon the Department’s request, held an informational meeting to inform the neighbors about the proposed use. Roughly 60 to 70 people attended the informational meeting. The Authority and PADS fielded questions, with the neighbors voicing concerns that Midlothian Manor would now house dangerous criminals, sex offenders, drug dealers, and other negative elements of society. The Authority and PADS attempted to present project details and to allay the neighbors’ concerns. After the meeting, PADS established voicemail and e-mail inboxes to receive and respond to any other questions that arose. Schaedel contacted PADS to request a meeting with PADS and the Authority. Before that meeting could be arranged, PADS had been sued by Schaedel and others in Residents for an Engaged Community v. Lake County, No. 15-CH-200 (Cir. Ct. Lake Co.). That case was dismissed without prejudice, pending the disposition of defendants’ appeal to the Board challenging the Director’s decision. ¶ 26 After receiving the testimony of the Director and others over the course of the three-day hearing, the Board voted to reverse the Director’s determination. Board member Raymond explained his reasoning: “You probably don’t know the kind of agony that we go through because we know how emotional this is, and that we have to rely on facts and what’s being presented to us, and that there are many different ways in which facts can be interpreted. As I have gone through this time and time and time again, I keep relying on the tables of the [Unified Development Ordinance]. And the one point that I am sticking with is that we are dealing with a zoning issue. And therefore, when I look at our zoning use tables and R-1, which the area is zoned, and the only thing that is permitted in R-1 is a government use. I have a feeling sometimes we are trying to put a round peg in a square hole, and we are trying to find the round hole to put the round peg in. And so that’s where I am right now. I am not going to divulge how I am going to vote, but this, to me, is what I am basing my decision on.” Raymond eventually voted to reverse the Director’s determination. ¶ 27 Board member Westerman discussed his reasoning: “Again, I appreciate everybody coming out and being very respectful of each other. And you know, I have heard a lot of opinions and interpretations here, but I am kind of the one that always goes by the book. I’d like to talk a little bit about the two issues that are in front of us. One of them is a determination that is this a government use or not? And if we do agree it is a
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government use, then [the] second issue comes on, for example, about the assembly space. And I have to really begin here with the definition of the ‘government building’ or ‘use’ in the [Unified Development Ordinance]. And you have heard this, and I will state it again. It says, ‘a building or structure owned or leased by a unit of government and used by the unit of government exercising the [sic] statutory authority.’ And in that statement, the two things really pop out for me is that the structure is owned or leased by a unit of government and it is used by the unit of government. I found no evidence today that there is a right that a governmental agency can lease it out to a not-for-government [sic] agency and still retain the category of government use. And in this case in front of us, another issue came up, and that was the potential sale of Midlothian Manor to the AIM North Corporation. And Mr. Northern here [(executive director/chief executive officer of the Authority)], he testified that although it hasn’t been consummated yet, it still is a very active resolution. So therefore, the [Authority] will be disposing of this property to a private not-for-profit group. It really doesn’t retain then its government use. So I feel the testimony that I heard today is that this is, as presented to us, this is not a government use because they are leasing it to a nongovernment agency, and the property’s going to be sold to a nongovernment agency. And I will hold off and not talk about the assembly space now because I don’t know how the other board members feel about it.” Westerman eventually voted to reverse the Director’s determination. ¶ 28 Board member Stimpson explained her reasoning: “Hopefully, you have all learned more than you ever want to know about the [Unified Development Ordinance]. It’s very confusing. There are a lot of charts, tables, refer to this section, refer to that section. Much of the information we were presented really didn’t have pertinence to this particular case, but was interesting, was helpful, gave people some insight as to housing authorities, PADS, and very emotional for all of you neighbors that live in that subdivision and are worried about what’s going to happen with that piece of property. As far as trying to figure out if somebody made a mistake here or erred in deciding what should be done with this piece of property, [the Director] is the administrator of the zoning board; and he does have a staff, and his staff did take care of this originally. And it sounded like most of the people in the neighborhood thought it was going to be a conditional use permit, and then it was decided that it was a government entity. I don’t think I can disagree with [the Director] that it is. And in that respect, when you start to follow his train of thought through that government use process, I don’t think that he made a mistake or he made any error or that he tried to sidestep this board, which is something that I heard, too. So that’s kind of where I am coming from at this particular hearing.” Stimpson voted to affirm the Director’s determination. ¶ 29 Board member Zerba discussed her reasoning:
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“Well, as I did mention one other time when I had a chance to say something, I said that the [Unified Development Ordinance] is sometimes difficult to interpret. I mean, you can interpret, you know, different language and different semantics in different ways, and not to say that any of the interpretations is erroneous. I will discuss the word ‘assembly’ a little bit. In my brain, my simplistic little brain, assembly is just a gathering. And I would have to say just by the size of the so-called entry, but I don’t really think it’s just an entry, I would consider that to be a place of assembly. So that’s where I am coming from with that. I would have much preferred that if the government use were going to be tagged on to something, I would have preferred that it be with assembly [space] with a conditional use permit. That would have been my preference. *** The other issue that I would just like to bring up is that in my brain, too, I would consider Midlothian Manor to be group living. And as such, I mean, I just can’t think that it couldn’t be group living. That’s me. And that’s not allowed in R-1. So you probably can see where I am heading. So I will stop.” Zerba ultimately voted to reverse the Director’s determination. ¶ 30 Next, Board member Reindl2 voiced his reasoning: “Well, I listened to the tapes for a length of time, a great length of time, and, needless to say, was very moved by all the compassion that was extended during those first two hearings; and the majority of it was compassion. However, Mr. Shapiro [(defendants’ counsel)] pointed out a very, very good argument in those opening days, and I came here today wanting my mind to changed; but thus far, it hasn’t been. I look at it with three different areas. First of all, the use, the government use; secondly, the assembly, and in the assembly, I tied ‘group.’ Each one of those two—that’s bad English. Those two issues are not allowed in an R-1 [zoning district], plain enough. Government use, could almost flip a coin the way this was going as far as the government use is concerned. It’s a building that has been vacant. The government county [sic] owned it, blah, blah, blah. The use of it during its vacancy was dormant. Somewhere way, way, way, way back in our ordinance, if a use were discontinued for a certain length of time—I’m going from memory now. This is quite a number of years ago—that use had to be renewed through another permit, permitting process. And I heard no evidence to that effect, either for or against; so I’m out on a limb on that until somebody straightens me out. But that’s my feeling. That’s where I am at.” Reindl voted to reverse the Director’s determination. ¶ 31 Acting chairman Koeppen3 delivered his thoughts: