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HomeMy WebLinkAbout08-24-87 Zoning & Vacation Ooututtttrt Rood ZONING AND VACATION COMMITTEE tip O omutou &until of gig (Mg of Smtill stub The August 24 , 1987 meeting of the Zoning and Vacation Committee was called to order by its Chairman, Councilman John Voorde, at 4: 30 p.m. in the Council informal meeting room. Persons in attendance included: Councilmen Barcome, Paszek, Zakrzewski, Puzzello, Serge, Braboy , Beck and Voorde ; Dorothy Jaffe, Wayne Werntz , Loretta Duda, Brian Strout, Mr. Rohleder , Terry McFadden, Jim Wensits and Kathleen Cekanski-Farrand . Councilman Voorde noted that the purpose of the meeting was to review Bill No. 27-87 which is a zoning ordinance amending Chapter 21 of the Municipal Code dealing with accessory uses. Councilman Voorde noted that he was the sponsor of the bill and that it has been amended considerably since the initial bill was introduced. He noted that the most up-to-date version was dated August 6 , 1987. Councilman Serge made a motion , seconded by Councilman Beck , that the amended version of Bill No. 27-87 be considered by the Committee . The motion passed. Councilman Voorde then called upon the Council Attorney to update the Committee on the substitute version. Kathleen Cekanski-Farrand noted that the substitute bill (different than that now before the Council) was recommended unfavorably by the Area Plan Commission at their July 21 , 1987 meeting . She indicated, however, that the staff of Area Plan did recommend the bill in that form favorably to the Commission. She. also indicated that in his letter of July 22 , 1987 , Mr. Richard Johnson highlihted specific areas which, if addressed by amendatory language , would enable the Commission to favorably view the bill. The Council Attorney indicated that the substitute version of the bill now before the Council did address each of these concerned areas. These areas included specific language with regard to grandfathering, lots of record contiguous to one another to be acceptable for calculation of footage, and setting forth an appeal process through the Board of Zoning Appeals in situations of undue hardship . She indicated that she had sent the revised bill to Harold Brueseke, an attorney representing many of the remonstrators at the Area Plan meeting. She further indicated that she had received follow-up communication from him which addressed two (2) areas yet unresolved , namely the use of the terminology "modern accouterments" and his preference to .a procedure using the Building Commissioner rather than the Board of Zoning Appeals for situations based on undue hardship. Kathleen Cekanski-Farrand noted that she had discussed this request with Eugenia Schwartz, Dick Johnson and David Weisman who is the attorney for the Area Plan Commission. All individuals agreed that the Board of Zoning Appeals would be the best avenue in order to properly protect 0' **[s* MOM. puoLlsolMO to. - - Zoning and Vacation Committee Minutes/August 24, 1987 Page 2 equal protection rights. In this way, persons who were either in favor or against a variance could have a public forum at which to present their information. Councilman Serge questioned what would happen with regard to those satellite dishes which were currently placed in front yards. It was noted that so long as they were in place prior to the effective date of this ordinance, if passed , those situations would be grandfathered. Councilman Puzzello also questioned grandfathering, and it was noted that if a satellite dish remained in a front yard prior to the effective date of this ordinance , it would continue to be a legal non-conforming use even with the change of ownership. The Council Attorney noted, however , that there would not be a "personal" grandfather clause which was sought by several of the remonstrators. The grandfathering would not allow a person who had a modern accouterment in their front yard to then move to a totally different lot and install that modern accouterment within the new front yard. However , if a change of ownership occurred where there was a satellite dish in a front yard prior to the passage of this ordinance, the new owner of that property could continue to use that dish as a legal non-conforming use . Dorothy Jaffe of 1105 North Ironwood stated that she was married to a ham operator. She noted that ham operators are the "unsung heroes" in many emergency situations. She indicated that their service was invaluable during the Special Olympics and stated that , in her opinion , passage of the ordinance would interfere with three (3) frequencies utilized by the Civil Defense and Red Cross . She was also concerned about extra costs involved . Mr. Brian Strout noted that he is an officer in two (2) of the clubs for ham operators. He showed examples of several types of wiring used throughout the City. He voiced concern with regard to what would happen if a wire utilized by a ham operator was broken during a storm and whether repair and/or maintenance would be allowed or whether that individual would be required to appear before the Board of Zoning Appeals. He estimated that there were approximately 375 amateur ham radio operators within the city. He also questioned whether there were height restrictions in effect. Mr. Wayne Werntz voiced concern with regard to signage and specifically cited language from a 1985 FCC order which he believed pre-empted local officials from legislating in this area. He estimated that there are approximately 2 ,000,000 satellite dishes nationally and approximately 500,000 amateur ham radio operators. r Zoning and Vacation Committee Minutes/August 24 , 1987 Page 3 Councilman Puzzello then asked specific questions with regard the wiring. It was indicated by both Councilman Voorde and the Council Attorney that their legislation was not aimed at the wiring but rather the "main supporting structure" described earlier by Mr. Strout. The Council Attorney also stated that the proposed ordinance contained no height restrictions and that repair and maintenance of wires or main structures, etc. would be allowed without petition before the Board of Zoning Appeals. Councilman Beck and Councilman Puzzello questioned whether amendatory language could be prepared to clarify that the ordinance was addressing only the main supporting structures rather than the wiring. The Council Attorney stated her opinion that appropriate language could be drafted. Councilman Beck then made a motion, seconded by Councilman Puzzello, that the amended version of Bill No. 27-87 dated August 6, 1987 be further amended to incorporate language addressing the main supporting structure . The motion passed unanimously . Councilman Voorde noted that in light of the fact that the amendment was not available for the Committee, he did not believe it would be appropriate to make a formal recommendation at this time. Councilman Puzzello then made a motion, seconded by Councilman Beck, that the substituted version of Bill 27-87 be recommended to Council without a formal recommendation. The motion passed unanimously. There being no further business to come before the Committee, the meeting was adjourned at 5: 30 p.m. Respectfully submitted , Councilman John Voorde , Chairman