If you check out any Facebook page discussions about Park Ridge you are likely to find people lamenting the lack of “retail” – and/or their favorite restaurants (e.g., Chick-fil-A) – in town. Often these laments bear a sarcastic “This is why can’t we have nice things?” tone.

So you might think that Mayor Marty Maloney’s recent veto of the City Council’s approval of a special use permit enabling Pusheen Corporation to expand its offices into the first floor of the former Wells Fargo Home Mortgage office at 104 Main Street would be greeted with an outpouring of support.

After all, his veto message correctly notes how that block of Main – home to the successful Harp & Fiddle and Beer on the Wall – is highly visible from the METRA tracks and has attracted train riders from outside Park Ridge to come and patronize not only those establishments but, also, our other local businesses in ways the proposed ground-floor Pusheen offices will not.

But judging by the negative comments (as of 06.27.2018 @ 9:30 p.m.) to a story about Maloney’s veto on the Park Ridge Herald-Advocate’s Facebook page, Pusheen apparently deserves “most-favored-tenant” status. And although those comments might be modest in number, they must be viewed in the context of the deafening silence coming from those allegedly pro-retail tub-thumpers at the Chamber of Commerce.

What gives?

Let’s start with the City’s Planning & Zoning Commission (“P&Z”) and the City Council, both of which seem to be falling over themselves to end-run the Zoning Code and Comprehensive Plan for Uptown in order to give Pusheen the special ground-floor office it wants – even if that means foregoing future opportunities to attract retail or restaurant/bar business to that space.

Remember, first and foremost, that a “special use” is a use not contemplated in our Zoning Code for that space. In other words, it legalizes – even if only temporarily, as in Pusheen’s case – what otherwise would be a prohibited non-conforming use. Consequently, the burden is on the applicant to demonstrate a good reason to grant the special use, not on the City to demonstrate a good reason to deny it.

Think back to when a Pearle Vision store tried to locate in the first floor of the Pickwick Building. P&Z Commissioner Jim Argionis pointedly noted (in the minutes of P&Z’s February 27, 2018 meeting) that such a use, albeit retail, “did not fulfill the spirit and intent of the Comprehensive Plan” – an observation in which Commissioners Chris Zamaites, Jim Coogan and Lou Arrigoni concurred; and which produced a 7-0 rejection (Commissioners Baldi and Hanlon MIA) of the special use needed by Pearle.

But a funny thing happened on the way to P&Z’s consideration of the Pusheen special use application on April 24, 2018, a mere two months later.

The City’s Senior Planner, Jon Branham, issued a memo of that same date acknowledging (at pages 2-3) the existing zoning requirements for 104 Main and the Comprehensive Plan’s recommendations of “retail, restaurant, entertainment [and]…[p]edestrian-oriented commercial service and office uses” for the ground floor of that building. He further noted (also on page 3) that a special use should not be recommended unless evidence presented at a public hearing supports “each of the [three] following conclusions” – one of which being that “[t]he special use in the specific location proposed is consistent with the spirit and intent of the Zoning Ordinance and the Comprehensive Plan.”

But when you get to Branham’s proposed “Findings of Fact” (as page 6 of the memo), there is no mention of the “retail, restaurant, [and] entertainment” requirement for a special use permit. Instead, one of the findings is that Pusheen’s proposed use of the ground floor would be for “a pedestrian-oriented business.”

Can you (in the infamous words of the late Illinois Secretary of State Paul Powell) “smell the meat a-cookin’” yet?

If not, check out page 2 of the minutes of the April 24, 2018 P&Z meeting, where Chairman Joe Baldi asks Pusheen owner Andrew Duff “if there will be any walk-in business” on the ground floor of104 Main, to which Mr. Duff responds that “there would be no walk-in business.”

Translation: Pusheen don’t need no stinking “pedestrian-oriented business” to get its special use for that ground-floor space.

Despite no retail, no restaurant, no entertainment, and the tenant’s admission of no walk-in business, a 7-0 majority of P&Z Commissioners (Arrigoni, Baldi, Bennett, Coogan, Hanlon, Mills and Zamaitas – Argionis and Giannetti MIA) approved the special use.

Can you smell it now?

Not yet? Then listen to the City Council discussion of the Pusheen special use before it was approved by a 4 (Alds. Wilkening, Shubert, Melidosian and Mazzuca) to 2 (Alds. Moran and Milissis – Ald. Joyce MIA) vote at the Council’s June 4, 2018 meeting, starting at the 17:20 mark of the meeting video and running through the 26:00 mark.

Seemingly looking for some way to justify the special deal for Pusheen, Melidosian tried to get Pusheen’s Duff to commit to putting a Pusheen store on the first floor of 104 Main. To his credit, Duff would not – leaving Melidosian with nothing but an “empty storefronts” faux-justification for approving the special use, even though “empty storefronts” is not one of the considerations for granting a special use.

Wilkening and Mazzuca also copped to that easy-but-irrelevant “vacant storefronts” alibi before they, along with Shubert, voted to give Pusheen its special deal.

Can you smell it now?

FWIW, we dislike empty storefronts as much as the next person. But we believe in the need for a Zoning Code and a Comprehensive Plan, as well as the need for the predictability of precedent in how zoning issues are treated by the City.

P&Z’s rejection of the Pearle Vision “pedestrian-oriented business” should have been precedent for its rejection of the Pusheen non-“pedestrian-oriented business.” But it wasn’t, even though the still-empty storefront at six corners could be viewed as much more problematic than the vacant ground floor of 104 Main.

Perhaps those P&Z members and that Council majority forgot that the building that now houses a successful Holt’s was vacant for several years after Pine’s men’s shop moved out. Or that the building that now houses a successful Harp & Fiddle was vacant for a couple of years after the drug store moved out. Or that the building that now houses a successful Shakou was vacant for several years after the Pioneer Press moved out. Or that even the building that now houses a successful Beer on the Wall was vacant for several years.

The City wisely stayed the course and held true to both the Zoning Code and to the spirit and intent of the Comprehensive Plan. And because those storefronts were allowed to remain vacant rather than sold out to boring office space, we now have a much more vibrant and thriving Uptown, especially adjacent to the METRA tracks.

Maloney’s veto shows that he sees and understands how this works. And so do Alds. Moran and Milissis. The other five aldermen: Not so much.

If the Council over-rides Maloney’s veto at the July 2 meeting, 104 Main Street will continue to contribute no entertainment value toward that newly-vibrant dining/drinking/entertainment area.

What an over-ride will do, however, is feed the suspicion that if you know the right people in the right places, you can get a special deal/special use, irrespective of the Zoning Code and the Comprehensive Plan.

Just like Pusheen is on the verge of doing.

Update 07.03.18. Last night three aldermen – John Moran (1st), Nick Milissis (2nd) and Charlie Melidosian (5th) – prevented the over-ride of Mayor Marty Maloney’s veto of the City Council’s approval of the Planning & Zoning Commission’s award of the special use to Pusheen Corp.

Moran and Milissis had previously voted to reject the special use, but it was Melidosian’s conversion that carried the day.

Now let’s see if Pusheen’s owner takes his ball and leaves. Or what 104 Main’s owner, Owen Hayes II, does, or doesn’t.

Meanwhile, if City Staff (Jon Branham), the P&Z Commissioners, and certain aldermen don’t want to enforce the Zoning Code as written and/or wish to disregard certain elements of the Comprehensive Plan in order to hand out special deals (e.g., special uses), let them start the process for changing those Code and Plan provisions –with the appropriate notice and publicity so that the public and existing business owners can meaningfully participate – instead of arbitrarily enforcing or disregarding them.

To read or post comments, click on title.