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Minutes - 04/01/2008 - Zoning Board of Appeals1. 2. 3. H 5. MINUTES OF THE APRIL 1, 2008 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK. APPROVED AS WRITTEN ON MAY 6, 2008 CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Baker Nimry, Joseph Rush and Steven Young ABSENT: Members Glenn Krietsch and Wayne Ziemer IN ATTENDANCE: Robert Sanford, Trustee and Robert Kallien, Jr., Director of Community Development APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF MARCH 4, 2008 Motion by Member Rush, seconded by Member Nimry to approve the minutes of the March 4, 2005 Regular Zoning Board of Appeals meeting as amended. VOICE VOTE: Motion carried UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. NEW BUSINESS NEW BUSINESS A VILLAGE OF OAK BROOK — TEXT AMENDMENT -- PORTABLE vOB -TEXT AMENDMENT - STORAGE UNITS — REVIEW AND RECOMMENDATION OF PORTABLE LANGUAGE TO REGULATE PORTABLE STORAGE UNITS STORAGE UNITS Chairman Davis swore in the Director of Community Development Kallien. Director of Community Development Kallien provided an overview and history of the request. The issue relates to the placement of portable storage units on VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 8 April 1, 2008 private property. These units are primarily used for storage of items to be used for a new home or business, or to be moved out of a home or business. There have been some residents, including commercial residents that have taken advantage of this situation and instead of taking 3 -5 days as intended; some are taking 3 -5 months. Several homeowner associations have asked for some type of language that would place time limits as to how long these units can be placed on a property and some parameters as to what would be a suitable location on the property to place one. Several other communities such as Wheaton, Tinley Park, Elmhurst, Glen Ellyn and Naperville have reviewed the issue and a matrix was prepared (page 3 of the case file) identifying the key issues and how they are regulated. The matter was reviewed by the Plan Commission and they recommended that the following items be included in the proposed language as follows: • No more than two (2) portable storage units are to be on the property; • stacking units would be prohibited; • there must be a principal use or dwelling on the property, which would prevent someone from placing a unit on a vacant lot; • units should not be permitted to be on a property for more than 15 consecutive days in a calendar year, with the ability to allow for one 15- day extension by the Community Development Dept., for a maximum of 30 days total; • they should be limited to a maximum height of 8 feet and 16 feet in length. This size appears to be in the industry standard for residential properties; • location for the unit must be on the driveway or other paved surface, on the lot not on the lawn; • the unit shall not be placed on public property or placed on property in a way that would obstruct sight distance (There have been instances where they have been placed on the street or placed on the driveway so that a portion projects into the street.); • a permit would be required, but a fee would not be accessed so that we would know when the unit was brought to the property with proper placement and would meet the time requirements; • the unit being placed on the property cannot be in any disrepair, rust, peeling paint or contain graffiti of any kind; and • the units are to be locked when not in use. The conditions proposed are similar to those used in the other communities and would go a long way to create some order relative to these units. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 8 April 1, 2008 Chairman Davis noted that the reason the Village has not had any regulations on these units, because these types of units are relatively new. He questioned whether refuse containers should also be reviewed at the same time. Director of Community Development Kallien said refuse containers normally occur as part of a building permit. When the permit is issued and a refuse container is used, some parameters are set at that time. Chairman Davis asked if a refuse container could be placed on a property if there was no construction going on. Director of Community Development Kallien responded that it could, but was not the same as a portable storage unit. Member Nimry noted that the storage units are not allowed in Trinity Lakes and questioned how the regulations could be enforced and how it would be monitored. Director of Community Development Kallien responded that was the reason for requiring a permit. The homeowner associations that have had a problem would alert the Village if one exists. Member Nimry commented that the homeowner associations, not the Village, should handle this issue. Associations have the ability to fine people. Director of Community Development Kallien said that some associations could not enforce the regulations because they do not have covenants in place that could regulate it and noted that many residential properties throughout the Village are not part of an association. Member Young added that there are some associations, which are not as tough on enforcement as Trinity Lakes. Member Nimry said that this added provision puts the Village in a position that it should not be in. The Village does not have the manpower to monitor the units. Director of Community Development Kallien said that the Village has had incidents in the past where these units have not been used as intended. These are the types of instances where regulations are needed. If someone would not remove the units under the proposed regulations, they would be issued a ticket. There was an instance in the past when a homeowner in York Woods filled VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 8 April l., 2008 them and they were left on the site, instead of having them removed when there were filled. Originally, they were supposed to be on the property for only 60 days and in the end, they were there for almost 9 months. Another situation occurred on Oak Brook Hills Road that did a major remodel on a very large house. They brought in 6 units to store household items and then stored them on the grass; they were there for 9 months. These are the types of situations that the Village needs the regulations for, which are the anomalies. The majority of the people that are going to utilize these units use them properly. Member Nimry said that there was an individual in Trinity Lakes that did remodeling and the unit was been placed in front of his garage for three months The Trinity Lakes rules state: "No portion of the property shall be used in whole or in part for the storage of any property or things that would cause it to appear unclean, untidy condition or that would be obnoxious to the eye." This basically tells them not to do that because there are people that would store dirt bikes, trailers, etc. A notice is issued if they violate the regulations and they are told to remove it. It is easier for a homeowner association to enforce these rules rather than to have the Village do it. Director of Community Development Kallien said that many of the subdivisions have requirements that go well beyond Village requirements, in terms of architecture, accessory structures, etc. However, there are properties in the Village are not in a subdivision or do not have covenants that regulate these things. Nelly Naguib, 205 Timber Trail, said that she is on the board of her homeowners association and they rely on the Village to provide enforcement of the rules because they do not have the power to do so. Member Nimry commented that if a subdivision has rules and regulations in its covenants they are better able to provide enforcement than the Village. Fines can be imposed. Member Young said that the Zoning Board of Appeals has the charge of the health, safety and welfare of the public. Language should be included in the regulations to prohibit the storage of hazardous goods. Proper placement should also be included in the regulations so that emergency vehicles and personnel can access the site safely. Member Nimry commented that if the unit were placed on the driveway the driveway would be blocked. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 8 April 1, 2008 Director of Community Development Kallien responded that the industry standards for most units are approximately 8 feet wide. Most garage doors are approximately 20 feet wide and reasonable standards are being sought in order to regulate them, so that if someone wishes to violate the intent of the regulations, the Village would have the means to deal with it. The Community Development Department does not have the manpower to operate like a Police Department. Member Young said that from a Village revenue standpoint, a fee should be imposed that would cover enforcement costs. Member Nimry commented that a timeframe should be attached to the fee as well as a fine. If the unit was in place for longer than 15 days, then the amount would increase and the controls would be set at the issuance of the permit, then the Village would not need to police the units. Member Rush commented that some criteria should be set in order to approve the extension of time for the unit or people could come in and just ask for an extension. Director of Community Development Kallien responded that some communities set parameters to allow the units on the property for 7, 14, 15 and 30 days. They all had the ability to extend it. He would hope that people have it on their properiy for the shortest amount of time possible. Member Nimry said that if fees are set to allow the units for a two week period, they would have to come in to apply for another permit if it would go beyond that; so that would omit the possibility of an time extension. Chairman Davis said that he would support a 21 -day period. If for "good cause shown" would not be allowed to extend the period of time, then it should be for at least 21 days because people may start packing well before two weeks prior to a move. Chairman Davis questioned the size of the units since this is a relatively new service and how we could be assured that a commercially reasonable standard would be imposed. Director of Community Development Kallien suggested that for residential use it could be restricted to 8 feet in height and 16 feet in length, which appears to be the industry standard; conunercial units could be much larger. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 8 April 1, 2008 e7� Member Bulin commented that the industry standard could change. Director of Community Development Kallien commented that if technology changes or if it would become problematic, a modification to the Code could be sought. Member Young suggested that something should be added to the regulations to control advertising on the sides of these units. Director of Community Development Kallien said that it could be controlled to not allow an attachment on the unit or advertising for any other company or service. Chairman Davis said some of that might be difficult to provide for and perhaps the Village should wait and see if a problem develops and then change the regulation if necessary. Trustee Sanford said that although there are covenants in some homeowners associations, to change the declaration of protective covenants is a major process and requires a 2/3 vote of the homeowners. He would not have a problem with 15 days and an extension for good cause. Chairman Davis agreed that the extension for good cause shown would provide flexibility. If there were homeowner associations with different standards, they would be able to enforce those. Director of Community Development Kallien said that if a permit was issued, and on the 15`h day, it had not been removed because they are waiting for the service to pick it up, the Village will use common sense and work with them because they know it will be moved. The reason for these regulations is so that they do not remain on property for months. Member Young suggested that there should be a requirement for a placard to be on the unit to restrict the storage of flammable or hazardous materials. Instructions should also be provided to the resident advising them not to block access to their home and prohibit the storage of any hazardous materials. Member Nimry noted that dumpster companies advise the customer that no paint or hazardous material is to be placed in them and suggested that several storage units companies be contacted to determine if this type of warning is included in their contracts. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 8 April 1, 2008 Member Nimry also suggested that when these types of topics are on the agenda, perhaps the homeowner associations should be included in the meeting. Director of Community Development Kallien responded that letters were sent to all the homeowner associations. He was aware that York Woods would benefit from the regulations and would like to see something adopted. Timber Trails Fullersburg and Saddle Brook would also benefit. Chairman Davis asked if the homeowner associations would be notified when something is adopted. Director of Community Development Kallien responded that another letter would be sent to them and when adopted it would also be added to the village website. Director of Community Development Kallien responded to the applicable standards for a text amendment as follows. (a) The extent to which the removal of the existing limitations would depreciate the value of other property in the area; RESPONSE: At the present time the Village does not have regulations. The lack of regulations can create a negative impact on properties and these regulations would help to maintain the property values. (b) The relative gain to the public as compared to the hardship imposed on the individual property owner; .RESPONSE: Having regulations in place would help to maintain property values by controlling the length of time the units can be placed on properties. (c) The extent to which the proposal promotes the health, safety, morals or general welfare of the public; RESPONSE: The proposed text amendment establishes regulations where none currently exists. Property owners who wish to use portable units would be allowed to use them under the proposed regulations when they are approved. These regulations would allow enforcement if they are not followed, which would promote the health, safety and general welfare of the public. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 8 April 1, 2008 6. 7. {d} The community need for the use proposed by the property owner. RESPONSE: We do not have specific regulations for the use of portable storage units, which 2s a use that is needed by the individual property owner. A number of homeowner associations have requested that the village enact such regulations in order to regulate these units. Member Rush noted that a definition for these units should also be included. Director of Community Development Kallien said that at the next meeting he would provide a definition for portable storage units and would contact various companies to determine the sizes of residential and commercial storage units. Motion by Member Rush, seconded by Member Young to continue the hearing on this matter to the next regular Zoning Board of Appeals meeting. VOICE VOTE: Motion Carried. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: OTHER BUSINESS ADJOURNMENT Motion by Member Rush, seconded by Member Young to adjourn the meeting at 8:21 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallie Dire or of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 8 April 1, 2008