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HomeMy WebLinkAboutMinutes - 1/11/1994 - Community Development Committee . . � .�� � .rg • � • � Y r k:w"waf �f..s-w5M MINUTES - BUILDING & ZONING COMMITTEE MEETING JANUARY 11, 1994 � The Building � Zoning Committee met in the Aldermen's Conference Room at 7:30 p.m. Building & Z��ning Committee members present: Chairman Baird, Alderman Bolger and Alderman Bates. Also present were Director of Building & Zoning Lobaito, City Administrator Peterson, and Alderman Locke. Topics of discussion: 1. "P-Tickets" Chairman Baird began the discussion by asking those present if they read the memo from Director Lobaito distributed before the meeting regarding procedures for issuing "P-Tickets." Baird said he agreed with Lobaito's recommendation and asked the Director if he had anything further to add. Lobaito told the Committee why he felt the current code enforcement procedure that was adopted by the City Council on February 19, 1986 should be repealed and no new procedure be formally adopted by Council. He explained to the Committee that the Director of Building and Zoning needs the � latitude to apply discretion when implementing enforcement procedures. Having a formal procedure can have a counter productive effect. For example, a contractor who repeatedly works without a building permit should be ticketed, but a homeowner who starts a project without a building permit and is unfamiliar with permit requirements should not be ticketed. Lobaito told the Committee the procedure he recommends the City initiate is outlined in his memo of January 11, 1994. Lobaito went on to explain that the "P-Ticket" procedure would not be implemented as a source of revenue for the City, but rather as a deterrent to repeat offenders. Very seldom would his department issue a ticket. The department would first try to approach the offender through written communication and phone calls. The Director informed the Committee that the "P-Ticket" would be modeled after the City of Harvard ticket. Lobaito told the Committee that he spoke to City Attorney McArdle and he was in agreement with the procedure. Chairman Baird asked Lobaito who specifically would be issuing these tickets. Lobaito assured the Chairman that he would initially be aware and personally sign all tickets. If the City did have to go to Court, Lobaito fully expects to be the representative for the City, at least for the first year. Baird asked which City Attorney would be handling the cases in court. Administrator � Peterson said it would probably be the City Traffic Attorney. Building and Toning Committee Meeting _ � January 11, 1��94 Page 2 L-- Baird suggested that the Committee add a note to the new procedure allowing the Building and Zoning Committee to act as an arbitrator between the City and Offender should the need arise. The Chairman asked if anyone had any questions or statements. Alderman Locke asked how the tickets would be issued. Lobaito answered by hand delivery or certified mail. All Cornmittee members agreed that the new procedure was a good idea. Committee Recommendation: To repeal the code enforcement procedure adopted by the City Council on February 19, 1986 and adopt the Settlement of Offenses Ordinance as presented. 2. Building Permit Fees Chairman Baird opened the discussion by asking the Committee to take about 3'/z-4 weeks and look over all the information regarding this topic included in the agenda packet. Baird wanted the Committee to specifically look at the funding. As an example, should the City increase the percentage of the department budget, if so by how much. The Chairman asked Lobaito to make a comparison of building fees between cities like Crystal Lake and Woodstock,just to see where McHenry's fees were in relation to theirs. He would like Lobaito to supply the Committee with this `-- information in two weeks. Lobaito told the Committee this information could not be exact. Fees are based on square footage and every house is different. He also reminded the Committee that developer donations were based on the number of bedrooms. Alderman Bates agreed that the information may not be consistent, but it would be interesting to compare our fees to other cities. Maybe some people think our fees are too high, however, their fees may be too low. Lobaito told the Committee he would get the information from cities whose growth and development matches McHenry's; cities who are facing the same issues. Chairman Baird asked Director Lobaito to collect the requested information and deliver it to the Committee in two weeks time. Baird asked for the other elected officials responses by February 25, 1994. Baird said he would review and compile the information for the Committee's next meeting on March 22, 1994. Committee Recommendation: To recess this topic until March 22, 1994 when Director Lobaito and Chairman Baird have gathered and compiled all the requested information concerning McHenry's building fee schedule and how it compares to other comparable cities. � Building and Zoning Committee Meeting - - January 11, 1994 Page 3 � 3. Letter from Mr. & Mrs. Claver Chairman Baird asked everyone to look in their packets for their copy of a letter writteri to the Mayor from Mr. & Mrs. Todd Claver. They are very concerned regarding the construction of a similar home within a close proximity to their own in McHeiiry Shores. Chairman Baird said he was surprised that the McHenry Zoning Ordinance does not address this potential problem. Administrator Peterson explained that this type of problem usually only occurs in areas not covered by annexation agreements, such as McHenry Shores. Direct�r Lobaito explained that the house in question was built by American Heritage Development Corporation. They bought quite a few lots from a defunct builder in McHenry Shores. They are building a raised ranch with a garage underneath the house. Lobaito also told the Committee that a similar situation just occurred in Green Valley Subdivision. A resident complained when they realized a house exactly like theirs was being built across the street. Lobaito told the Committee that after the house was built, the resident said it didn't look that bad, nothing more has been said. Alderman Bolger expressed his concerns over this situation and said he would like to see what the City does about these situations. Lobaito told the Committee that it was not difficult for builders to make the homes look different, they can do simple things such as change the style of the roof or the entrance way. Baird asked Lobaito to get �-- a sample ordinance together before the next Building and Zoning Committee Meeting. 4. Other Business Alderman Locke informed the Committee about several complaints he received from Mrs. Ort. She lives at 1107 North Sommerset Mall. Director Lobaito said he was very familiar with her situation. Apparently, Mrs. Ort had several cracks in her crawlspace. After the heavy rains last summer, her crawlspace took on a lot of water. Ryan Schwalenberg, Building & Zoning Inspector spoke to and saw Mrs. Ort several times. He recommended a contractor to go to her house and repair her damage. Several months later, Mrs. Ort began to complain about her neighbor, Mr. Jackson. She claims that he moved his downspouts and they now drain in her yard. Although Mrs. Ort is not experiencing any water damage, she does not want this water in her yard. The neighbor claims he did not touch a thing, that the downspouts have always pointed in tlie same direction. Lobaito told the Committee that it was not common practice to allow downspouts to drain in someone else's yard, however, the whole neighborhood drains in her direction. Lobaito told the Committee that the City should not be involved in the dispute, but added he would contact the neighbor one last time in an effort to resolve the problem. Lobaito also pointed out to the Committee that Mrs. Ort's problem is just the beginning of a potentially major situation. The number of sump pumps being installed � Building and Zoning Committee Meeting • - January 11, 1994 Page 4 �- is increasing everyday. The pumps are not required to be connected to the City sewer systerri, and the location of discharge is not regulated. It is a potential problem that the City should address. 1VIeeting was .�djourned at 9:10 p.m. , —.� , • G � — � � " > 7 �--� Chairman William Baird \mmg �� ��