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1979-03-07 - Plan Commission - Minutes REGULAR MEETING BUFFALO GROVE PLAN COMMISSION Recreational Vehicle Ordinance MARCH 7, 1979 Chairman Genrich called the meeting to order at 7:35 PM in the Municipal Building, 50 Raupp Boulevard. Commissioners Present: Chairman Genrich Mr. Shields Mr. Goldspiel Mrs. Sheldon Mr. Button Mr. Davis Mr. Kelly Mr. Harris Also Present: John Marienthal, Trustee Bart Delaney, Planning Coordinator Jim Truesdell, Staff Planner Jordan Shifrin, Prospective Commissioner Gary Glover, Prospective Commissioner Commissioner Goldspiel moved that Commissioner Harris' seniority on the Commission be restored. The motion was seconded and unanimously approved by voice vote. APPROVAL OF MINUTES Commissioner Shields moved to approve the minutes of the February 28, 1979 Residential Setback Ordinance Public Hearing, subject to corrections. Commissioner Goldspiel seconded the motion, which was unanimously approved by voice vote. Commissioners Sheldon and Button abstained. Commissioner Shields moved to approve the minutes of the February 28, 1979 Recreational Vehicle Ordinance Public Hearing, subject to corrections. Commissioner Kelly seconded the motion, which was unanimously approved by voice vote. Commissioners Sheldon and Button abstained. Commissioner Goldspiel moved to approve the minutes of the February 28, 1979 Special Regular Meeting, subject to corrections. Commissioner Kelly seconded the motion. Corrections are as follows: Page 2; #3 : The second sentence should read as follows: "The proposed ordinance as it now stands imposes no setback regulations on anything built prior to 1977•" Page 3; 8th The last word in the second line should be "commercial" paragraph: rather than "recreational". Upon voice vote, the motion was unanimously approved, with Commissioners Sheldon and Button abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Button reported that the Board had approved the Manning Savings and Loan plan at the March 5, 1979 meeting. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 2 - Mr. Button also reported that the Board had directed that a meeting take place between the Plan Commission and the Board on March 26, 1979, regarding the change in the Comprehensive Plan. Regarding the Buffalo Grove Road Extension, the Village has been informed by Lake County that they will not use their funds to build new roads, but rather will use the funds to improve existing roads. The Village is appealing this decision, and Messrs. Balling, Fabish, and Boysen are attending a meeting tonight regarding the Buffalo Grove Road Extension. RECREATIONAL VEHICLE ORDINANCE Chairman Genrich read a letter which he had written to Police Chief Walsh on March 5, 1979. The letter read as follows: "Dear Harr Asyou probablyare aware, the Village Board instructed Y� g the Plan Commission to hold a Public Hearing, and to make a recom- mendation to them on a recreational vehicle control ordinance. We are in the process of determining whether we want to recommend the ordinance as prepared, recommend a different ordinance, or recommend that no action be taken. In conjunction with this, I would like to know what instructions you have given your men, in the past, about the recreational vehicles parked in driveways, which are in violation of the current zoning ordinance. Also, the Baumanns on Regent had a full-blown house trailer parked on the street, and were at least partially living in the trailer, for over one week in February. What enforcement measures did the Police Department take to have this trailer moved? Given the fact that it is against the law to park a car on the street overnight in our Village, I am certain that it would have to be illegal to park a house trailer. We will be considering this ordinance, in follow up of our recent Public Hearing, again this Wednesday night, March 7. If at all possible, I would like to have your answer in hand prior to that meeting. Your letter could either be delivered to me, or handed to Bart Delaney." Commissioner Goldspiel then read Chief Walsh's reply to Chairman Genrich, which is as follows: "Regarding the enforcement of that section of the zoning ordinance that refers to the parking of other vehicles other than 'passenger cars' in residential neighborhoods, I personally gave no instruc- tion to the Police Department. When this became a problem to spine, approximately May, 1978, direction was given to the police department by the Village Board, through me. These instructions were: Enforcement would be taken only against flagrant violators, and more specifically against 'semis ' , and that on a specific com- plaint basis. Those that were to be acted upon were identified for us through the Office of the Village Manager. A moratorium was placed on all other enforcement, pending the recommendation of the Village Board's R.V. Committee. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 3 - This was in fact at least partially in recognition of the fact that: A. The enforcement of zonin laws is not primarily a police depart- ment responsibility (nor a prime responsibility) - we were to assist the Department of Building and Zoning, and B. The draft ordinance as it presently exists is poorly drafted, perhaps discriminatory and at best difficult to enforce, as ! further evidenced by the fact that it is under study and revision by the Planning Commission. I have discussed the draft ordinance under consideration with my staff, and it is our opinion that the ordinance proposed is for all practical purposes unenforcable, by the police department, or any other department which might be charged with such responsibility. Staff has previously stated that the most effective ordinance from an enforcement standpoint is one which is uniformed (i.e. no parking of R.V. 's within the required front yard). This approach was re- viewed by the Village Board and was considered to be too rigid for the Village." Mr. Truesdell then read his memo to the Plan Commission dated March 6, 1979, re- garding the Deerfield R.V. Ordinance, which is as follows: "The proposed Buffalo Grove R.V. Ordinance is similar to an ordinance adopted two years ago in the Village of Deerfield. I had a dis- cussion with Mr. Case, the Deerfield Zoning Enforcement Office, with regards to the effectiveness of their ordinance. For the most part their ordinance has been effective and has been accepted by the community. I questioned him specifically regarding the three points in our ordinance to which the R.V. owners objected. They are: 1 . Bulk requirement: Deerfield dropped the vehicle size limita- tions in their ordinance. It merely states that the vehicle must not be parked over any public R.O.W. Mr. Case said that such bulk requirements have been contested in court in the past and found illegal. 2. Limitation to the number of vehicles allowed: Although the Deerfield ordinance only allows one vehicle parked on a lot, Mr. Case felt that this is very difficult to enforce. Deer- field only takes action on these situations on a complaint basis. 3. Grandfather Clause: Mr. Case felt that no grandfather clause should be inserted, because it would be extremely difficult to enforce. I hope this information will help you in your final decision on the ` proposed ordinance." �./ Mr. Donald L. Hardt, Chairman of the Appearance Commission, then read a letter which he had sent to the Plan Commission dated March 7, 1979, which read as follows: "Gentlemen: On behalf of the Appearance Commission I would like you to be aware of our position on the proposed Recreational Vehicle Ordinance. Please be advised that the Appearance Commission is totally opposed to the proposed R.V. Ordinance presently under consideration. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 4 - Our commission concurs with the statements made in Barbara Sheldon's memo to the Plan Commission on February 21 , 1979. Further, it is our opinion that changes made in the original R.V. Committee's re- commendation that were requested by the R.V. owners and adopted by the Village Board will have a deleterious effect on the Village as a whole. The commission questions the size limitations and one foot set-back from the sidewalk as suitable criteria for the restrictive covenants in the proposed ordinance. There may be an application when a R.V. in excess of 28' parked on an 80' side drive and properly screened will not have a detrimental effect on surrounding property. On the other hand a 10' high R.V. parked within one foot of the sidewalk will create a barrier that is in direct contradiction to the set- back requirements set forth in our present Residential Zoning Ordinances. The Appearance Commission strongly recommends that consideration be given to redrafting the proposed ordinance using establishes residen- tial set-back requirements as the criteria used in restricting the size of R.V. 's for off street parking. We further request that effective screening be considered as a requirement when the larger R.V. 's are allowed to park in residential areas. We trust that our opinions will be helpful in formulating your recommendations to the Village Board." Chairman Genrich stated that we appear to have four options: 1. Approve the ordinance essentially as it is, with some minor changes. 2. Go back to the November 30 draft. 3. Go to special zoning for R.V. 's. 4. Cover the "grandfathers" and use the current ordinance. Commissioner Sheldon stated that, after reviewing the minutes and various memos, she would like to propose a few ideas. She said that they do not want to cause problems for people currently owning R.V. 's. 1 . She noticed that one concern is the "grandfather clause" and she would like to propose that the "grandfather clause" follow the owner. 2. She would like to propose that there be a restriction on the number of vehicles. 3. She feels that the issue regarding permits is open to discussion. 4. Referring to paragraph 4 of Mr.Hardt's letter which states that consideration be given to redrafting the proposed ordinance using established residential setback requirements as the criteria used in restricting the size of R.V. 's for off street parking, Mrs. Sheldon feels that if an R.V. can be parked in the side or rear yard, that would be the best location for it. 5. Mrs. Sheldon said that the length of what is to be allowed should be discussed, and that perhaps the length of what is allowed on the highway should be the criteria. Mr. Alan Foss, 160 Weidner, said that the largest trailer manufactured is 34' , and that 28'-30' is considered a large size trailer. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 5 - Some points noted from each of the R.V. Ordinances reviewed from other Villages include: Libertyville: Sets standards for propane gas tanks Does not permit parking for more than 72 hours Niles: Limits length to 26' Limits weight Vehicle cannot be within 3' of lot line Vehicle cannot be within the building setback line Rolling Meadows: Limits length to 24' including hitch Vehicle must be behind building line Arlington Heights: Must be screening and landscaping around vehicle Only cars may be parked in front of the setback line No junk cars are allowed Trucks must be kept inside the garage Commissioner Goldspiel likes the Arlington Heights ordinance, and feels that it is the best type of approach. He thinks we need to maintain the building setback lines. Mr. Goldspiel does not think it is a good idea to go back to the November 30 draft, but feels that we should build on the Arlington Heights ordinance. Commissioner Shields feels the vehicles should be parked in the rear or side yard with appropriate screening. Commissioner Harris stated that the Appearance Commission addressed the R.V. as being treated like a building or a structure to be parked within the yards as established in the zoning ordinance. This would make it nearly impossible for anyone to park their recreational vehicle within the Village. Mr. Harris said that he likes the Arlington Heights ordinance, which allows the parking of vehicles within the rear yards, and some side yards, and they have covered the question of what is "unsightly" by stating that there must be some kind of screening, which satisfies everyone's objections. Commissioner Harris also stated that, if the ordinance is going to allow people to park any size vehicle on the property, but not in the front yards, then the "grandfather clause" is not necessary. Commissioner Shields said that we might be excluding a great many vehicles because of the small side yards, and difficulty in getting to the back, and not enough room in the front. Commissioner Harris said that the Arlington Heights ordinance states that variations will be allowed where it can be proven that it is difficult to get to the rear yard, an example being large trees. A fence would not be allowed a variation, because a fence can be taken down. Commissioner Goldspiel stated that one of the ordinances reviewed stated that it was permissible to park a pop-top camper in the side yard with the top down, but not with the top up. Commissioner Harris said that the Arlington Heights ordinance states that you can park camper trailers, travel trailers, small boats, and motorized homes, with certain length restrictions, in the rear yard; in the side yards, however, you Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 6 - can only park a camper trailer in a collapsed position not more than 4' in height, or a boat trailer without the boat mounted on it. In certain residential zones, they will allow things to be parked inside the garage. Mr. Harris' opinion is that if a vehicle will fit inside the garage, it should be put there as long as it is not an unsafe type of vehicle. Commissioner Harris said that Mr. Raysa has said that weight could not be considered in controlling this situation, as there have been court decisions regarding weight, which is why it was never put into any of the drafts. Chairman Genrich asked if he was correct in understanding that Commissioner Harris does not want R.V. 's parked in front of the setback lines. Mr. Harris said that is correct. Commissioner Goldspiel agrees that R.V. 's should not be allowed to be parked in front of the setback line. Commissioner Goldspiel said there is a question as to whether these are vehicles or buildings. He feels, at the very least, one that is parked there for more than 72 hours should not be parked forward of the building line; he feels it should not be parked in the side 3ard if it infringes on the minimum side yard. Commissioner Shields stated that he feels exactly the same as Mr. Harris and Mr. Goldspiel; however, he is trying to reach some sort of a compromise that will be reasonably acceptable to more people. He feels that we're back to "ground zero" if we say the R.V. 's can't be parked in front of the setback line. Commissioner Sheldon feels that, if it is at all possible, the R.V. should be put in the rear or side yard. If it is physically impossible to do that, then the only other alternative is to put the R.V. in the driveway, with the appropriate safety measures taken. Commissioner Sheldon stated that if there is a "grandfather clause", those vehicles that are already here would be allowed, but none would be allowed in the future. Commissioner Shields stated that, in the future, vehicles wouldn't be allowed in front of the setback line, even with a hardship. Commissioner Sheldon stated that we would not be imposing a hardship on the current R.V. owners, but we would not be allowing any more R.V. 's to come into the Village which would have to be parked in the front yard. Commissioner Davis stated that if the "grandfather clause" moves with the owner, that person may move to a new house where the vehicle would not fit in the rear or side yard, so he would still be able to park it in front, under the "grandfather clause". Commissioner Sheldon said that could possibly happen. Commissioner Goldspiel said that he cannot go along with the "grandfather clause" following the person. He said that he can envision some kind of a variance pro- cedure rather than a "grandfather clause". He said that, with a variance, the neighbors have a chance to be heard if the vehicle is not acceptable to them. Commissioner Davis said that he doesn't think that can be done to someone who already owns an R.V. Commissioner Harris said that current owners would be taken care of with a non- conforming use, but if they purchase a new vehicle, it must be within the setbacks of the property. They would then be aware that there is an ordinance that states that you cannot have an R.V. unless you can fit it in your yard. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 7 - Commissioner Davis brought up the question of what would happen if the R.V. is in an accident; Commissioner Harris said that it must then be replaced with a size that will fit within the setback. Mr. Harris said that it is the same as when a structure is an existing non-conforming use; if it burns down, it must be re- built within the setbacks. Commissioner Davis said that he personally does not like R.V. 's over a certain size parked anywhere except in rear yards, or side yards if properly screened. He thinks R.V. owners now in the Village could be taken care of by issuing permits, not necessarily a "grandfather clause". Mr. Davis feels that, between L./ not allowing any new R.V. 's to come into the Village, and attrition, the problem will eventually be taken care of. Commissioner Button said that he concurs with Commissioner Harris that R.V. 's should be parked within the setback or in the rear. Mr. Button questioned how we would define "grandfather." Do we issue a permit to the owner of the vehicle, or do we issue a permit to a single vehicle; He said we could also put a time limit on the permit (5 or 10 years, for instance) . Chairman Genrich said that, as he understands it, everyone is in favor of a non- conforming use provision, but a more restrictive one than the one on which the Public Hearing was held. Commissioner Kelly said that he agrees that the setback should be the limitation in the front. As far as the sideyard, he'd have problems allowing vehicles there unless they were within the setback line and screened. Mr. Kelly said that he can imagine someone having a side view, and looking right into a recreational vehicle, and not liking it no matter how attractive that particular vehicle may be. Regarding the "grandfather clause", Mr. Kelly at this time feels that he is in favor of the "grandfather clause" going with the present vehicle, and expiring when that vehicle is no longer owned by its present owner. Otherwise, people could continue to upgrade and get larger vehicles, and still be protected under the "grandfather clause". Commissioner Davis feels that the Commission should take tonight's conclusions and contact the Village Attorney to find out his opinions. Mr. Davis feels that if we adopt the Arlington Heights ordinance, we will have covered everything. Commissioner Button stated that perhaps it could be stated that, if a vehicle happened to be destroyed within a certain period of time, it could be replaced; after that period of time, it must conform to the new laws. Commissioner Kelly basically feels that there should be non-conforming use, but that it should be tightened up in the future. Chairman Genrich asked if the Commission would rather proceed with the Arlington Heights ordinance, or with the November 30 draft. Commissioner Sheldon said that she would like some input from the R.V. owners as to whether or not they could "live with" the Arlington Heights draft. Mr. Foss stated that the R.V. owners are aware that the Arlington Heights ordinance does not permit parking in the front yard, and that is not a tolerable situation to the R. V. owners. Commissioner Davis stated that he would like the staff to get a clarification from the Secretary of State's office as to what qualifies a vehicle to have an R.V. plate. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 8 - i Chairman Genrich asked if everyone would agree to take the ordinance on which the Public Hearing was held, and incorporate the Arlington Heights ordinance into that. Everyone on the Commission concurred. Chairman Genrich also stated that we need a draft before we can get the opinion of the Village Attorney. Mr. Genrich then asked if the Commission wanted to continue to work as a committee of the whole, or get a sub-committee. Commissioners Harris, Sheldon, Button, Davis, Shields and Kelly would prefer to have a sub- committee. Commissioner Goldspiel does not agree with having a sub-committee. Mr. Earl Smithern, 1 Longwood Court, stated that after all these months of work, we seem to be no further along than we were at the beginning. He said there are only 3 points that the R.V. owners disagree with - the "grandfather clause", the size, and the number of vehicles. Commissioner Goldspiel stated that the most important point to him is whether or not a recommendation allows or disallows parking in the front or side yard. He does not want to see parking in the front or side yards, with the exception of those R.V. 's which fit within the setback on the side. He also does not think that R.V. parking should automatically be allowed; a neighbor should have a chance to comment if he objects to the vehicle. Mr. Marienthal stated that the Board directed the Plan Commission to hold a Public Hearing and put together an ordinance which would be enforceable to all residents, for all types of vehicles. Mr. Marienthal said that most of the other ordinances which the Plan Commission reviewed are not being enforced. Chairman Genrich appointed a committee to work on a recommendation. The members of the Committee are: Commissioner Sheldon, Chairman; Commissioners Goldspiel, Davis, and Harris, a, try k -Fess-o. .--r Hewn tive+„ The committee will refine the draft on which the Public Hearing was held. Some points to be covered are: 1. The draft that the committee will work with would cover non-conforming uses, and there will be Village legal opinion before there is another meeting of the entire Commission. 2. Clarify the number of vehicles to be allowed. 3. Outline the permit procedure as a control, and refer to zoning ordinance, building setback requirements, screening standards and other rules. 4. Review the definition of commercial vehicles, semis, and vans as well as the broad range of recreational vehicles and derelict cars; and give some considera- tion to the length; review the point about gas container standards; and address temporary parking and uses. 5. The committee should address itself to how the ordinance can be enforced and where the responsibility would lie. One of the things to be reviewed would be a zoning inspector function. 6. Review in particular the Arlington Heights ordinance. 7. Whether or not variances or exceptions would be allowed, and if so, state what the ground rules would be. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 9 - 8. The draft ordinance discusses parking in multi-family areas, and that section should be reviewed. Commissioner Goldspiel stated that, as he understands it, the consensus of the Plan Commission is that ultimately vehicles should not be allowed to be parked in the front and side yards if they infringe on the required setbacks; existing vehicles aside, the setback line should be the governing factor. Mr. Goldspiel asked if anyone disagreed with that interpretation, and no one did. Chairman Genrich stated that the committee is requested to have its proposals by March 28, 1979. Mr. Metcalf, an R.V. owner, said that Commissioner Goldspiel talked about the consensus of the entire group, and Mr. Metcalf would like the group polled to be sure that it is, in fact, the opinion of the entire group. Commissioner Goldspiel moved that the Commission be polled, and Commissioner Button seconded the motion. The Commission would be polled on whether or not the committee, in drafting an ordinance for those portions not relating to existing vehicles, should go on the basis that the ordinance would not allow the vehicles to infringe on the required front and side setbacks. The vote was as follows: Shields, Goldspiel, Button, Kelly - Yes Sheldon, Davis, Harris - Abstain The vote was 4 "Yes", and 3 "Abstain". OFFICIAL ZONING MAP Chairman Genrich stated that the Official Zoning Map must be approved each year in March, and Mr. Genrich asked Commissioners Harris and Button to review the map, and bring their suggestions to the Commission. WI LLIAMSBURG-ON-THE-LAKE/WYNNi1JAT,F Mr. Marienthal said that there was a prescribed number of homes to be built on the North side of the creek, but a number was not prescribed in regard to the land South of the creek. There are two alternatives in terms of the drainage: 1. Work out the drainage with the MSD 2. Put the drainage down by the golf course. Williamsburg/Wynnedale will be on the agenda on March 21, 1979. FUTURE AGENDA Chairman Genrich stated that he would like to have a workshop meeting on March 14, 1979. COMMISSION APPOINTMENTS Chairman Genrich stated that he was resigning from the Plan Commission because he has accepted the Chairmanship of the Town Center Committee. Buffalo Grove Plan Commission Regular Meeting March 7, 1979 - 10 - Commissioner Davis moved that, based on the resignation of Chairman Genrich, Commissioner Shields be appointed Chairman of the Commission, Commissioner Sheldon be appointed Vice Chairman, and Commissioner Button be appointed Secretary, to serve until after the April 17, 1979 Village Elections; and that Mr. Jordan Shifrin, 65 Wakefield Lane, and Mr. Gary Glover, 8 Amherst Court, be appointed to the Plan Commission to serve until April 30, 1980. Commissioner Harris seconded the motion. After discussion, Commissioners voted as follows: Harris, Shields, Sheldon, Button, Davis, Kelly - Yes Goldspiel - No* The motion carried 6 to 1 in favor. *Commissioner Goldspiel stated that his preference would be to leave the Chairman's position unfilled, with the Vice Chairman presiding, until after April 17, 1979. ADJOURNMENT Commissioner Goldspiel made a motion to adjourn, seconded by Commissioner Button. Upon voice vote, the motion carried unanimously, and the meeting was adjourned at 10:00 PM. Respectfully submitted, Jarfet Sirabian Recording Secretary APPROVED: Carl Genrich, Chairman Li Buffalo Grove Plan Commission Regular Meeting March 7, 1979