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File #: 2007-0639    Version: Name: Every Bloomin' Thing - Canopy
Type: MOTION Status: IN BOARD OF TRUSTEES
File created: 10/9/2007 In control: Board of Trustees
On agenda: Final action: 2/4/2008
Title: Every Bloomin' Thing - RLF - Canopy
Attachments: 1. Consensus Vote

Title

Every Bloomin' Thing - RLF - Canopy

History

Background

 

At the October 15, 2007 Board meeting, staff was requested to research information regarding temporary tent permits and the possibility of creating a new code that would allow for permanent tents/greenhouses under certain conditions. Since this meeting, staff has begun researching some of the issues identified with this possible code revision.

 

Staff has contacted IAMMA and the APA Resource Centers to see if other communities have similar ordinances that separately regulate greenhouse/canopy structures from temporary tents.  Staff is still awaiting a response from these professional associations; typically it takes approximately 1-2 weeks to receive this information.  Staff also attempted to contact individual communities and were able to obtain the following information via the telephone:

 

Lemont:                                          Zoning Ordinance regulates a greenhouse structure under “outside sales”; regardless of whether it is inside of a structure or not.  Time period allowed for outside sales is 30 days.  If the property/business owner desires to keep the structure permanently, it would be required to be reviewed by the Building Department and would be treated as a building and would be required to meet all building code requirements.

 

Manhattan:                                          Permanent greenhouse structures are regulated under the building code and would have to meet all building code requirements, plus all commercial design standards, which is similar to Orland Parks’ appearance review process.

 

Naperville:                                          Allows temporary greenhouse structures for 6 months.  If a request was made to keep the greenhouse up as a permanent structure, the structure would have to be brought through the Building Department as if it were a new building and would be required to meet all zoning, building and parking requirements.

 

Downers Grove:                     Allows temporary greenhouse structure for six months.  If they desired to keep it as permanent structure, they would be required to get approval through the Building Department.  The Building Department would require the structure to comply with new commercial structure building requirements.

 

Mokena:                                          Have nothing special on greenhouses - consider it outdoor storage whether it’s enclosed or not - if a business decided they wanted to make it ‘permanent’, they would have to apply for a special use permit. 

 

Darien:                                          A permanent greenhouse would have to meet all applicable building and zoning requirements whether it was a principal or just an accessory structure. 

 

Tinley Park:                                           Allows greenhouses on a temporary basis, but they have to be sprinkled.  Tinley Park does not allow them on a permanent basis.   

 

Frankfort:                                          The only greenhouse in Frankfort is Alsip Nursery.  When this came into Frankfort, they were required to build it as a permanent structure - masonry, footings, etc. Does not allow permanent greenhouse structures unless all building code requirements can be met. 

 

 

Existing Orland Park Businesses

 

During the Board meeting on Oct. 15th, discussion included whether other existing Orland Park Business’ have similar structures to Every Bloomin’ Thing’s canopy structure that have been allowed to remain as permanent. Staff is currently researching the Prairie House Business.  The original greenhouse structure for Prairie House was built in 1975.  A permit was obtained and sealed architectural drawings were submitted for review.  This structure is attached to the existing building and was built with concrete footings.  Upon a site inspection this week, it was discovered by staff that a second unattached greenhouse to the north also exists.  Staff cannot find a record of any permit issued for this structure.

 

Attached please a building analysis for the Lowe’s Garden Center and Home Depot Garden Center that summarizes the code requirements that were required to allow the Garden Centers to be built.  These conditions were required as the Garden Centers were reviewed as a permanent structure connected to the main building

 

Further Analysis and Direction

 

If the Village decided to allow “greenhouse” structures to remain as permanent structures, the following issues would need to be resolved:

 

1.                     Definition of “Greenhouse” - What constitutes a greenhouse?  This would have to be clearly defined and limited.

2.                     Precedent Setting - What other businesses would be able to erect similar structures (Jewel, Target, etc…)?  Would this result in a lower construction standard for new businesses?

3.                     Approval Process - Appearance Review/Site Plan Approval process - Role of Planning Commission.

4.                     Building and Fire Code Requirements - fire sprinklers, structural integrity, masonry requirements, accessibility, means of egress, etc 

5.                      Zoning Code Requirements - setbacks, parking requirements, lot coverage, appearance.

Recommended Action/Motion

No motion.