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Minutes - 05/06/2008 - Zoning Board of AppealsMINUTES OF THE MAY 6, 2008 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON JUNE 3, 2008 1. CALL TO ORDER: GALL 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 7:28 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Glenn I<.rietsch, Baker Nimry, Joseph Rush, Steven Young and Wayne Ziemer IN ATTENDANCE: Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF APRIL 1 2008 Motion by Member Young, seconded by Member Nimry to approve the minutes of the April 1, 2008 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried 4. UNFINISHED BUSINESS BU BUSSINEESS SS N A VILLAGE OF OAK BROOD. — TEXT AMENDMENT — PORTABLE vol3 -TEXT AMENDMENT - STORAGE UNITS — REVIEW AND RECOMMENDATION OF PORTABLE LANGUAGE TO REGULATE PORTABLE STORAGE UNITS STORAGE UNITS Chairman Davis swore in Director of Community Development Kallien. Director of Community Development Kallien said that as part of the Zoning Board discussion on portable storage units, it was requested that staff provide additional information to answer questions that were raised at the last meeting. Issue 1 --- Definition of a Portable Storage Unit. An enclosed container- that is delivered to a private property and is primarily VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 11 May 6, 2008 lok- used for the short term storage of items and materials associated with a move into or from the principal use of the property. The definition explains what the storage units were designed for. People do use them when they have construction activities and that is when there has been a problem. Most construction activities go on for many months. If these regulations were approved, it would require the removal of the unit from the premises. A resident in York Woods built an addition onto the garage and stored all of the items from the garage in 2 units that sat on his property for nine months. These regulations would allow the unit, but would require the removal of the units from the premises. Issue 2 -- Refine timeframe for Storage Unit Alternative 1 - 15 days plus one 15 day extension for cause in one calendar year Alternative 2 - 21 days plus one 7 day extension for cause in one calendar year Alternative 3 - 30 days in one calendar year All three alternatives were identified in the ordinances reviewed. Issue 3 -- Refine location of Storage Unit Portable storage units shall be placed on the driveway or other paved surface on the lot; cannot be located closer than 10 feet from the principal structure; and cannot block access to the garage door or any other access to the structure. Member Nim.ry said that there are many homes do not have an area in front of the home that would allow access. Member Bulin commented that if the unit were required to be located 10 feet from the structure, then there would be sufficient access for the fire department to get around the unit. Director of Community Development Kallien said that the vast majority of people in the Village would not need one of these storage units. Issue 4 — No hazardous materials /flammable liquids The portable storage unit cannot be used to store hazardous materials or flammable liquids. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 11 May 6, 2008 Director of Community Development Kallien said that the language prohibiting these types of materials was included as part of the lease agreements with the rental companies, Issue 5 — No si na a except for name of Storage Unit company Signage on the portable storage unit is limited to the name and address of the storage unit rental company. It cannot be use for other advertisement. Issue 6 — Size of storage units Residential units come in the following lengths: 8, 12 and 16 feet. Commercial units come in lengths up to 40 feet The height and width of the units appear to be secondary issues. The height and width is not something that would need to be regulated. A maximum length of 16 feet would be appropriate for residential. Issue 7 — Reguire locked storage units In many of the storage unit providers' materials as a condition of the rental agreement, it was indicated that they require the unit to be locked when not in use. Making this a Village requirement is problematic because our Inspectors cannot go on private property without cause. If the unit is facing the garage door, legally they cannot go onto the property to check it and the Village has a limited ability to enforce it. Member Krietsch said that it is very important to require that the unit be locked because not only would help discourage theft and vandalism, it would also prevent some child from wandering in and somehow being locked inside. When the permit is issued conditions could be included that require the unit to be locked. Issue 8 — Expand regulations to include duampsters Many construction projects that require a building permit result in the placement of a dumpster on the property as a means of storing construction debris. The placement of the dumpster is part of the approval for the permit. Some home remodeling projects do not require building permits but still may VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 11 May 6, 2008 result in the placement of a dumpster on a property. If it is the recommendation of the Zoning Board to regulate dumpsters, he recommended that they should be a separate issue from the portable storage unit. At the last meeting, there was a discussion on the imposition of a permit fee, which will be addressed by the Village Board. Member Nimry questioned whether a permit could still be required if the Village Board did not want to impose a fee. Director of Community Development Kallien agreed that a permit could be required. Member Nimry questioned that the homeowner associations would be notified upon the adoption of the regulations. Director of Community Development Kallien said that they would be notified by mail and it would also be added to the Village website. He noted that if issues were found later that have not been addressed or should become problematic, this matter would be brought back in the future. The regulations were designed to manage a problem, not to create any. The members discussed the timeframe to allow the units on property. Director of Community Development Kallien said that language should be incorporated that would allow reasonableness for special circumstances. There may be some unforeseen situation that would require the unit to be on the property longer or more often, such as in the case of a delay in the movers, a house fire, etc. The members agreed. Motion by Member Young, seconded by Member Nimry that the applicant has addressed the required standards to recommend approval of a text amendment to adopt regulations to control the placement of portable storage units on private property as follows: Portable Storage Unit Definition: An enclosed container that is delivered to a private property and is normally used for the short -term storage of items and materials associated with a move into or from the principal use of the property. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 11 May 6, 2008 Portable Storage Unit Regulations: a. There shall be no more than two (2) portable storage units pennitted on a property. b. Stacking of portable storage units is prohibited. c. The property must be occupied by a principal use or dwelling. d. Timefrarne: No portable storage unit shall remain on a property for more than 15 consecutive days. An additional 15 days period may be approved by Department of Community Development for cause. Special circumstances allowing for longer periods of time or frequency may be approved as determined by the Department of Community Development. e. A portable storage unit on residential property shall not exceed 16 feet in length. A portable storage unit on non - residential property shall not exceed 40 feet in length. f. Portable storage units shall be placed on the driveway or other paved surface on the lot. g. The portable storage unit cannot be located closer than 10 feet from the principal structure. h. The portable storage unit cannot be used to store hazardous materials or flammable liquids. i. The portable storage units shall not be placed on public property or permitted to obstruct traffic visibility /sight distance. j. A permit and fee (an amount, if any to be determined by the Village Board) shall be required by the Department of Community Development for the placement of a portable storage unit(s) on private property. Time extensions may require the payment of an additional fee (as determined by the Village Board). k. The portable storage unit shall be maintained in good repair, free from rust, peeling paint, graffiti and other forms of deterioration. 1. Signage on the portable storage unit is limited to the name and address of the storage unit rental company. m. Unit is to be locked when not in use. ROLL CALL VOTE: Ayes: 7 -- Members Bulin, Krietsch, Nimry, Rush, Young, Ziemer and Davis Nays: 0 — Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 11 May 6, 2008 5. NEW BUSINESS NEW ]BUSINESS A VILLAGE OF OAK BROOK — TEXT AMENDMENT — voB -TEXT AMENDMENT - PERFORMANCE STANDARDS — REVIEW AND AMENDMENT OF PERFORMANCE STANDARDS APPLICABLE TEXT NOISE Chairman Davis swore in Director of Community Development Kallien. Director of Community Development Kallien provided the history and overview of the request to amend the text in the zoning ordinance that relates to noise. This is a difficult issue because there is a certain level of subjectivity involved. The village received its first true sound complaint about a year ago. The issue related to someone's pool equipment allegedly being too loud. It was first measured with a decibel meter from the fire department, which did not help because the way that the Code is written, it requires that sound be measured by octave bands. At that time, Member Young helped by supplying an octave band meter, and when used they found the equipment was about 2 decibels over the maximum allowed when it was at the very highest frequency. The Village contacted the homeowner and eventually they replaced the pump and did some other things in an attempt to comply; unfortunately, the problem is still there. Readings were taken just of the ambient noise in the area, which was found to be really high, without the pool equipment. Lawn mowers and leaf blowers could be heard in the background, along with vehicle sounds coming from I -88 and Route 83, which enhanced the noise. It was also found that some of the air conditioners that were operating at the time on adjacent properties were probably also in violation of the Code the way it is written. It came to light that the Code should be reviewed. It is very restrictive as written and the Village does not have the ability to enforce it because it lacks the equipment and expertise to properly enforce that type of ordinance. Member Young was sworn in to testify on this matter. He said that from an enforcement standpoint it is a difficult ordinance to enforce, simply because the type of equipment that is required to be used for measurement (an octave band meter) on the low end runs about $8,000 and can be as much as $16,000- 17,000. In addition, to supply the police department and code enforcement officers with training is a significant investment of Village resources and funds. The draft ordinance proposes the use of a digital sound meter, which is a little different. The sound meter that is used by such entities as OSHA, the Department of Public Health and most of the code enforcement agencies at the village level around Illinois, do use the digital noise meters as a spot check meter. They are considerably cheaper running between $100 -500. They are VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 11 May 6, 2008 much easier to use and to train on, because a reading is measured that can be locked in the unit and printed out. The intent of the ordinance as he saw it, was to mitigate problems from an enforcement standpoint and to make it easier in some aspects, to enforce and to understand, but not enabling the village to enforce at random. He offered to do a presentation using both meters so that the board could see what would be required to be used, as compared to something that would be much easier to use. Director of Community Development Kallien said that the existing sound regulations and chart were adopted in 1966. It was the best information available. It was determined that the chart came from the Illinois Statutes that are included in the Illinois Environmental Public Agency (IEPA) code. The explanation for the chart goes on and covers many areas, land uses and exceptions. In the state regulations (IEPA) there was an exception listed that stated the requirement did not apply to sounds that are generated or received from residentially owned property. Our regulations as written are in conflict with those state regulations. The way the existing regulations are written make them extremely tight; so that when some normally operated air conditioners which have been installed under the manufacturer's specifications are too loud, per the chart that becomes a problem. Member Young said that another problem exists from the village's standpoint. Normally, a noise enforcement ordinance is set up with a noise contour map that is done around the village, so that specific spots indicate where it is high and low. When homes are located near I -88, they would have a significantly higher threshold than homes that would be in Saddle Brook. They are trying to find an overall base ambient noise standard of a defined number of decibels. Member Rush said that he was a fonner registered professional engineer and worked for International Harvester who makes diesel engines and he was responsible for quieting the laboratory, which had a room with 18 diesel engines running in it with a sound level of 130 db. He had to get the level down below 80 db in order to comply with OSHA requirements, which took 2- 3 years to do. They had to rely heavily on octave bands in order to get it done. He commented that sounds do not sound the same to people. You have to take in to account the effects of the kinds of sounds and if the proposed meter does not do that, then he would be opposed to it. Director of Community Development Kallien said that he agreed with Member Rush that this is, an issue, which effects people differently because not all sounds are the same, and not all sounds have the same effect on people. There are places in the community where sound is not an issue. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 11 May 6, 2008 Chairman Davis said that the purpose of the proposed ordinance is to resolve issues like the one that came up. People are not going to run around with a sound meter at parties. Director of Community Development Kallien said that the village wants to have regulations in place that can be enforced for truly onerous events. He noted that many police departments have adopted ordinances that give them the ability to write a ticket when car stereos reach a certain volume. There may be sound disputes between neighbors and the village's perspective is to let the neighbors work it out because it becomes very difficult, from an enforcement point of view, to try to effectuate how it is going to be addressed or mitigated. In this particular case, the one party did agree to purchase a new pump and to operate it only from 7 a.m.. to 7:00 p.m. and that did create some relief for the neighbor. The Village does not have that piece of equipment written in the ordinance. No one in the department is trained to use such a piece of equipment because there are so many different factors that come into play, including wind, barometric pressure, temperature, bounce effect, and the scale that it is measured at. Member Rush asked how often the village has received a complaint that requires measurements to be taken. Director of Community Development Kallien responded that in the past 9 years, there has only been 1 or 2. However, this particular complaint required almost daily site visits over a 60 -day period. The department is very small and that becomes an issue. Member Rush said that the Village needs to set the acceptable levels and when a problem occurs, someone should be hired to do it. The training is expensive and if not used for several years, would be required again. Director of Community Development Kallien noted that to hire experts is very expensive. Chairman Davis said that the purpose of the requested amendment is to simplify the type of equipment used. Director of Community Development Kallien agreed that the request is to simplify the equipment and to adopt regulations that are responsive and truly measure onerous sounds. Good sound ordinances have been reviewed from Naperville, Elmhurst, Westmont and Aurora, which have adopted good regulations that set decibel levels for various land uses for evening and daytime VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of I I May 6, 2008 hours. The standards have been ratcheted back to reflect a more quiet area that Oak Brook is. The regulations are not being relaxed; but are creating regulations that can be enforced, because the existing ones cannot. Member Young noted that the City of Chicago has adopted regulations that are simplified as well. Director of Community Development Kallien said that the current ordinance is silent to other things such as landscaping equipment, mowers, leaf blowers, generators, etc. Some items were not around in 1966 when the ordinance was adopted. i Member Nimry said that if the noise instrument is acceptable by OSHA and the IEPA, then it should be acceptable. He agreed that snowplows and snow blowers cannot be limited to 7 a.m. to 7 pm. and should be exempt. Lawn mowers and blowers should not be exempt. There was a general discussion as to a conflict in Section 2 of the Noise requirements and those listed under 3.e. The consensus was to revise and clarify the wording and locations of certain items listed as exempt (lawn mowers, blowers) and create a new item to provide less confusion. It was agreed to change the time restriction for lawn equipment from 9:00 p.m. to dusk on any day of the week to control its using during seasonal daylight hours. Director of Community Development Kallien invited the members to meet with him to hear the sound source of the pool equipment in question. Under the proposed regulations, the hum would meet the regulations. Member Ziemer said that being involved in construction; he is also involved for putting out emergency generators. In order to do that there are a lot of ordinances that must be met related to sound. The issue that he has come across is that the ambient sound heard during the day is in the low 60's, which is not unusual. To have the threshold at that level for ambient noise may create problems for the village and suggested that the numbers should be raised slightly to the 65 level. Member Young agreed with Member Ziemer and added that from Member Rush's engineering perspective, while the ordinance is updated at this time, down the road he would recommend that the village have an engineer do a noise contour map of the village. The result may be that the ambient noise level would change. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 11 May 6, 2008 Director of Community Development Kallien said that they were at the intersection of Regent and Shelburne across from the tollway and the ambient sound was near 70 during the day. The sound walls have been put in place so the numbers have probably gone down somewhat. Outside of these walls, there is nothing that the village can do about that ambient sound. It comes from the tollway, jets and other sounds generated in Oak Brook. The regulations are needed for site - specific sound that is generated from a specific source. Member Rush commented that there are sounds heard all day long and they don't bother you until evening, when everything else quiets down. He lives a mile from the Hinsdale train station and can hear everyone of the trains in the evening. During the day, they are not noticed and the sounds that are heard are evasive. Member Nimry said that the only time there is no sound in his house is during a power failure. When the power is on there is quite a bit of noise, between air conditioning, blowers, refrigerators, etc. Director of Community Development Kallien said that there are probably 200 pools in town and they all have different types �of equipment. Many of the houses in the village have multiple air conditioning units, to accommodate some of the large houses. The lot sizes in Oak Brook are large enough that many of the noise sources are away from the adjacent house. In town like Hinsdale and Elmhurst, the sound source is located literally feet away from someone's bedroom. Member Young added that the sound is affected by the time of day, wind conditions, weather and it can all change. Several members discussed whether the decibel levels proposed should be raised. Director of Community Development Kallien said that ambient noise from cars is exempt because it cannot be controlled because there is nothing that the village can do about it. Some sources can be controlled. He suggested that when the Zoning Board makes its recommendation to the Village Board to direct the Village attorney to create some standards regarding car stereo noise to be added in the Police Regulations and would be enforceable on any street that the department can enforce now. Member Rush questioned the noise from parties. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 11 May 6, 2008 lw.fiv Director of Community Development Kallien said that there were a number of complaints received regarding parties and barking dogs, which are handled by the police department. In regards to the pool equipment, the police department has been called, but in the report that they heard the equipment, but it did not seem onerous to them. He asked the board to identify anything that they would like to change and he would note those changes in the material for the next meeting. Motion by Member Nimry, seconded by Chairman Davis to continue the public hearing on this matter to the next regular Zoning Board of Appeals meeting. VOICE VOTE: Motion carried 6. OTHER BUSINESS There was a brief discussion regarding rescheduling the July 1, 2008 to July 7, 2008. , There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Ni mry, seconded by Member Bulin to adjourn the meeting at 8:30 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallien, irect of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 11 May 6, 2008 OTHER BUSINM, ADJOURNMENT