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HomeMy WebLinkAbout06/11/1991 COW minutes MINUTES COMMITI'EE OF THE WHOLE JUNE 11, 1991 ~, The meeting was called to order at 7.30 p.m. Present at the meeting were. ~ Mayor Gerald L Farley; Trustees Mark Busse, George Clowes, T~mothy Corcoran, Leo Floros, Paul Hoefert and Irvana Wflks. Also present at the meeting were: Assistant Vdlage Manager John Burg, Planning and Zoning Director David Clements, Planner Mike S~ms, Econormc Development D~rector Ken Fritz, Planner Julie Farnham; 22 persons in the audience and three members of the press. II. MINU'I~S The Committee of the Whole M~nutes of May 28, 1991 were accepted and filed III CITIZENS TO BE HEARD There were no citizens to be heard. IV. HOME OCCUPATION ORDINANCE Mayor Farley introduced the subject of the Home Occupation Ordinance. He advised that Trustee Clowes would exclude himself from the d~scussion and voting on th~s item. Mayor Farley said that Trustee Clowes had sent him a letter indicating that he had immediately ceased any business in his home. Trustee Clowes said that he had suspended his home-based business and excused himself from the discussion. He said he apologized for his lack of knowledge of how the Ordinance affected the operations at his home. Trustee Clowes then left the podium and went into the audience. Planning and Zoning Dtrector David Clements updated and outlined the changes and recommendations listed in his June 4 memo regarding the Home Occupation Ordinance. Mayor Farley then asked Trustee Wfiks to outhne the changes she had recommended. Trustee Wflks read into the record her June 11 memo and asked to have it attached to the Minutes. Mayor Farley then went point-by-point through Mr Clements' June 4 memo on the Home Occupation Ordinance. The Committee asked various questions about different points contained m the proposed Ordinance. One item of d~scusslon was the notion of allovang inventory m the home. After discussion, the Committee directed staff to recommend a reasonable amount of storage space in the amended version of the Ordinance. Trustee Corcoran began questlomng the meamng of home occupation and home office. Trustee Corcoran indicated that his wafe worked for an employer but that she worked mainly at home. When it became apparent that this activity might possibly be a home occupation or a home office, Trustee Corcoran also excused himself from the podmm and went into the audience. "Trustee Bus~e indicated his concern that Trustees Clowes and Corcoran should not step down from the podium Mayor Farley indicated that the Trustees were not ,tasked to do so but that they chose to do this on their own The Committee then discussed the provision for an employee in the home. It was the consensus of the Committee not to allow ~an employee in the home. Mayor Farley introduced a discussion about the appropriate type of vehicle that should be allowed under the Home Occupation Ordinance. He suggested that consideration might be given to allow a Class D truck rather than the suggested Class B truck. Mr. Clements suggested that the requirement in the Ordinance would be to garage a vehicle and referred to the appropriate section of the Zoning Ordinance restricting the s~ze of garages in residential areas. The Comrmttee felt it would be appropriate to consider changing the requirement from Class B vehicles to Class D vehicles. Mayor Farley asked a question about how music lessons could be accommodated under this Ordinance. Trustee Busse asked about dance lessons Trustee Walks asked about tutors After discussion, the Conumttee decided to change this section to~ refer to instructional lessons for not more than three pupils at a time. The Committee then discussed the idea of having a fee for the Home Occupation L~cense. The Comrmttee also d~scussed registration of home occupation Although the Committee did not agree on a fee, it was the consensus of the Committee to require registration, however, Trustees Floros and Hoefert were not in favor of the fee or registration ~ From the audience, Trustee Corcoran then asked a number of addmonal questions about the Home Occupation Ordinance and rinsed certain concerns. He said that the intent 'of the Ordinance was to preserve the character of the neighborhood, not to register these home occupations He also suggested to allow the Manager to enforce the Ordinance rather than the Court / Mayor Farley disagreed and felt enforcement should be wath the Court. Enforcement by the Manager with appeal to the Village Board would open this up too much to the political process. After discussion, it was the consensus of the ' ~ Corarmttee to have enforcement by Housing Court. Mayor Farley then opened the discussion up to public comment. Five residents commented on the proposed Home Occupation Ordinance Mr. Clements indicated that copies of the amended Home Occupation Ordinance would be available at the office of the Village Clerk on Friday afternoon ' There was a recess from 9.52 p.m. until 10'03 p.m. V. ZONING ORDINANCE REVISION Planmng and Zoning Director David Clements then outlined the general approach to be taken in the rexasion of the Zoning Ordinance. He gave examples of some areas that rmght be considered for change to reflect what is happemng in the Village at this time and to streamline the process. Trustee Hoefert suggested that the Board be careful about changing the character of established neighborhoods. The Committee asked various questions about the proposed revisions to the Zoning Ordinance. It was the consensus of the Committee that it would be desirable to work toward streamhmng the process for the residents The Committee also agreed that it would be good to involve a member of the ZBA, the Board and BDDRC in the process. VI. MANAGER'S REPORT 1 Assistant Village Manager John Burg distributed pamphlets regarding the low- interest mortgage program in the Village and indicated how residents could get information on this program. 2. The Village received b~ds on the three locker room trmlers and will have a recommendation at the next Board meeting. 3. The Village wall receive demohtion bids on Wednesday. A recommendation wall also be made to the Village Board at the next meeting. VII. ANY OTHER BUSINESS Mayor Farley indicated that he was advised that someone in the audience would like to discuss the fence on the McBride's property. David Hinske, a resident near McBride's, and other residents in the area requested perrmssion from the Comrmttee to install an 8' fence ~because the owners of McBride's is removing the ex~stlng fence. Trustee Wilks attempted to poll the Committee to see if there would be support to allow an 8' fence. Trustee Wllks 'felt this would give a comfort level to the residents to know that they would have support going into the request for the Zoning Variation. ~However, there was not support for an 8' fence. ~ Mayor Farley indicated that the property owners could put up a 6' fence as long as they obtain the proper Permit. A request for a fence higher than 6' would, of course, have to 'go through the normal Zoning Board process Assistant Manager Burg was asked to contact the owner of the McBride's property to see if he or a future owner would be interested as a good-wall gesture to install a 6' fence. Trustee Corcoran then discussed a moratorium on removing obstructions from the parkway to allow time to redraft the Ordinance. ~ --, .... Trustee Hoefert asked when the Village expects to h~ar from Broadacre. Mr. Clements responded ~. ,~ ~ VIII ADJOURNMENT, ~ . ~ ~ There being no further bus~ness, the meeting adjourned at 11:40 p.m. Respectfully submitted, · ~ ~. JOHN P. URG ~ , ~' Assistant Village Manager JPB/rcw "V " W'LKS Village of Mount Prospect JOHN ~ULfON OlXON VILLAGE CLERK 100 S Emerson Mount Prospect, Ilhl~Ole 60056 Phone ~0~ /39~-6QQO MEMO TO MAYOR, TRUSTEES, MANAGER FROM IRVANA WILKS RE. HOME OCCUPATION ORDINANCE DATE JUNE 11, 1991 I believe we must preserve the integrity of both our residential neighborhoods and the economic vlabthty of our business districts. The~areas in Mount Prospect where single- family hom~s exist should be retained ostensibly as neighborhoods without the traffic, parking, noise and other problems associated with business activity , Businesses which are required to operate from commercial districts face unfair competition, whether directly or indirectly, from individuals conducting businesses out of their homes Higher property taxes and higher overhead costs are two huge factors which place a businessman/woman operating in a commercial d~Strlct at a disadvantage with another businessman/woman operating out of a home Therefore, I would not support any ordinance which formally perrmts the opening up of our residential neighborhoods to becoming tram-business districts I do recogmze, however, that Mount Prospect has a wide range of inconspicuous home occupations which do not affect the residential quality of the neighborhoods I would support a modified approach to what is being proposed by the Zoning Board of Appeals Rather than listing home occupanons as permitted, they should be considered as accessory use, and regulated by the appropriate definition and standards One suggested standard would be a letter of approval, indicating compliance This letter would set up a procedure for them to disclose their operations and determine at that time whether they will adversely alter the residential environs We should not wait untd after the complaints begin coming tn to know there ts non-compatlbdlty. Therefore, I would like to suggest that home occupations be considered accessory uses and regulated by a deflnmon Mayor, Trustees, Manager June Page 2 Proposed wording in the Zomng Ordinance Definition Section (14.2602) Home Occupation ~, Home Occupation Is an accessory use conducted completely within a dwelling unit and clearly incidental and secondary to the use/of the dwelhng for residential purposes No home occupation or part of any home occupation shall be conducted in an attached or detached garage A home occupation may Include a for-profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual Home occupations shall be governed by the following standards to ensure that they are conducted in a manner that does not have any adverse impact on a residential area, or infringe on the rights of adjoining property owners 1 The person operating the home occupation shall disclos~ to the Village, his/her name, address and type of activity 2 He/she shall pay a one-time fee covering the cost of disclosure 3 The Village will determine at that txme whether the activity w~ll adversely affect the residential character of the neighborhood If the Village deterrmnes the occupation meets standards, the Village shall provide the person making the disclosure with a letter of approval which states that the Village is aware that the occupation exists as an accessory use in a residential district. (This letter of approval is not a permit or license, does not require inspections, and leaves the Village free to close down the activity ~should it become a nuisance tn the neighborhood ) , 4 There shall be no sign displayed in conjunction with a home occupation The purpose of this standard is to assure that no commercial signs are displayed ~ ~ - In residential areas :· 5. The~e shall be no sep&rate entrance for use by a home occupation, or ~iny exterior alteration to a dwelhng umt that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling The entrance to any space devoted to a home occupation shall be i from within the dwelhng. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation 6 There shall be no stock or Inventory maintained at a residence with a home occupation, however, sample items are permitted The purpose of this Mayor, Trustees, Manager June 11, 1991 Page 3 standard ts to prohibit shipping or receiving of inventory at a residence, and to prevent the storage of goods or materials that nught be a fire hazard tn a dwelling 7 There shall be no noise, odor, dust, wbratton, smoke glare, television or radio interference, electrical interference, fire hazard or any other hazard emanating from the dwelhng No home occupation shall revolve the use or producuon of noxious, toxic or harmful materials The purpose of this standard Is to ensure that a home occupation has no adverse enwronmental impact on adjoining properties 8 No person shall be employed other than a member of the immediate family residing tn the dwelhng umt The purpose of th~s standard is to ensure that no non-resident comes to a dwelhng for employment purposes, and to mimmtze the traffic generated by a home occupauon 9 The home occupanon shall not generate traffic hazards or nuisances on a ' pubhc street, nor reqmre more vehicle parking than exists on a restdentml driveway The purpose of this standard ts to avoid bus~ness-related trip generation tn a residential area 10 No home occupanon shall involve hourly, daily or regularly scheduled customer or client visits The purpose of th~s standard ts to reduce frequency of customer or chent ws~ts to a residence, and related traffic 11 The home occupauon shall not utthze more than 25% of the gross floor area of the dwelhng umt The purpose of this standard ts to assure that the home , occupatt0n remains incidental to the residential use of the structure 12 No outside storage of any kind related to a home occupanon shall be permitted. 13. Any contracting or service business which operates as a home occupanon, shall meet standards 1 through 12, and shall meet the following additional reqmrements. a No employees other than persons residing on the premises shall report to work at or near the premises b Any contracting or service business truck with a commercial message painted on the vehicle shall be permated up to a "Class B" license plate, but must be parked overmght in an enclosed garage. Trucks with any hcense classification mdmatmg a capacity of more than a "B" plate are prohtMted from being parked at the residence ? Mayor, Trustees, Manager , , June 11, 1991 ' Page 4 c No contracting or service equipment or materials shall be stored on the premise, except in a permitted truck used for transporting equipment or materials between jobs No loading or unloading of equipment or materials shall be done on the premises No trailer used for commercial contracting or service uses shall be pernutted for equipment storage in a residential area, and shall not be parked on the premises , ~ IKW hg I,. 14 2601 ZONING 14 2602 B) 4 Zoning will develop a servtceable relationship between private property uses and i necessary pubhc improvements, 5 Zoning contributes to the mmlm~zauon of governmental expenditures, 6 Zomng contributes to the health and safety of the people, and 7 Zoning enhances the desirability of living in the community for all residents * regardless of race, religion or economic circumstance Sec. 14.2602 Rules and Definmons. A The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction I The singular number includes the plural number, and the plural the singular 2 The word "shall" is mandatory, the v, ord "ma'," is permlssi~,(' 3 The mascuhne gender includes the lemmme and neuter B Whenever m this Chapter 14 the follox~lng ~ords and phrases have been used, they ' shall, for the purposes of this Chapter, ha',e the meanings respectively ascribed to them m this Section, except v, hen the context otherv, lse ~ndlcates (1981 Code)  ACCESSORY An accessor> building, structure or use Is one which BUILDING, STRUCTURE , A Is subordinate and customarily incidental to a principal OR USE building or use. and B Is subordinate in building area, intensity of ~se ~and  purpose to the principal building or use served, and C Contributes to the comfort, convenience or necessrty of occupants of the principal building or use served~ and D Is located on the same lot as the pnnclpal building or use served, v, lth the single exception of such accessory off- street parking fa~.lhtles as are permitted to be located O elsewhere than on the same lot with the building or use l served (Ord 3203, 4-20-82) AMUSEMENT Any machine, game, table or device which is designed, DEVICE intended or used as a test of skill or entertainment, and may 187 14 21502 ZONINO 14 2602 R) Height (cont) from the f'mashed grade to the tugbest point of the ,'~ , structure, regardless of the type of structure or roof ~ 0t. Ll, ll~[lll01d system Mechamcal penthouses, chimneys, and steeples ,. ~, shall not be included m measunng the height of buflchngs HOTEI-ffMOTEL )m establishment whtch provides lodging accommoda- uons for transient guests where less than twenty percent (20%) of the rooms are used or intended for occupancy by permanent guests A hotel shall provide customary services such as ma~d serwce, hnen service, telephone and desk service, and the use and upkeep of funuture. A hotel shall include motel, and motor inn, but shall exclude boarding or lodging houses, and apartment hotels IIVIPERVIOUS A hard pavement surface (including concrete, asphalt, SURFACE. bricks, slate and boulders), wood deck, structure or accessop/ bmldmg, or other surface incapable of being penetrated by moisture. INDUSTRIAL 'A 'rear ~,ard located upon a lot ~found watun any "I" REAR YARD. dismct of the Village, and maintained as open space except for the parting of vetucles thereon INDUSTRIAL A s~de yard located upon a lot found w~thm any "I" ~ 'SIDE YARD dismct of the Vdlage, and maintained as open space except for the panVang of vetucles thereon LAND USE The coding classification for land use as determined by CODE' the Standard Land Use Coding Manual, Bureau of ~ Pubhc Roads, Department of Commerce. 1965 as amended, or the most appropriate code for uses wtuch : are not addressed m the manual as determined by the Director , , ~LANDSCAPING' Natural plant materials, mcluchng trees, plants, shrubbery "' ' , and grass, together w~th topograpluc changes and ~ , c, decorauve or ornamental, natural or manmade materials c~ombmed m a umfied relafionstup LIVESTOCK. , Ammals usually used or raised upon a farm. LOADING An area twelve feet by fil~y feet (12' x ~0') or twelve SPACE feet by llurty five feet (12' x 35') depondmg upon the , bmld,ng use LOT: ' ~ · A designated parcel of land ~denufiable as a amgle , , , separate tract wtuch ~s pan of a sulxhwston, the plat of