Title/Name/Summary
St. Coletta's Variance
History
The Village has received a request to vary from the Building Code in regard to a residential building's type of occupancy use allowed. For a referenced standard, the Village Code has adopted the International Building Code 2012 (a national model code) with amendments with restrictions on residential use definitions allowed within a detached single family dwelling. This code regulates single family dwellings in the R-3 Zoning District, which allows for wood frame construction.
The variance request is from St. Coletta's of Illinois Inc., asking to allow for six (6) developmentally disabled persons, with ages 21-50 years old, to reside in the existing residence at 14401 Oakley Avenue, Orland Park, Il. The residents will be under treatment due to mental care conditions as described in the St. Coletta's attached letter from Ray Bryan, Vice President of Residential Services. The requested variance would allow an Institutional (I) Use Group with only 6 persons to live within a single family dwelling without changing the building's construction type (wood versus noncombustible).
Variance Summary
The variances for this home referenced would be to maintain the existing building's Use Group as an R-3 without needing to change its construction regulations to those required for an Institutional Care, of an I-1 or I-2 use. The Village Code restrictions for residential and institutional uses are regulated under Title 5, Chapter 1, Section 13. Three applicable amendments to that section are summarized below:
a. Item #20 - 310.1 Residential Use Group. This section defines R-3 uses as Single Family Dwelling building including not more four (4) lodgers. St. Coletta's is requesting 6 lodgers.
b. Item #21 - 310.2 Definitions. Explains residential terms for "Custodial Care/Assisted Living Facilities" on a 24 hour basis and are to be classified as an Institutional Use of either an I-1 or an I-2. These 2 groups have different levels of institutional type care and supervision for their classifications. St. Coletta's has indicated that there will be 24 hour care provided at the group home.
c. Item #26 - 407.11 Group I-2 Day Care Centers General. This section includes all Day Care Centers into the more restrictive I-2 Use Group. A variance would allow an I-2 Use, without changing the building from a Single Family Dwelling (R-3) by having an additional 2 residents from the 4 permitted without the higher demands of Sections 407.11.1, 407.11.2 & 407.11.3.
In summary, St. Coletta's needs a building code variance to allow the home to be classified as an R-3 use group instead of being classified as an Institutional Use, which would require them to change the building construction type of the home (which is impossible to do). Additionally, St. Coletta's needs to petition for a special use for a group home that lodges more than 5 individuals, per the current Land Development Code. This variance to the Land Development Code requires a public hearing before the Plan Commission and ultimately separate approval by the Village Board of Trustees. This is a separate process the petitioner will need to undertake after the granting of this variance to the Building Code. Ultimately, both variances will need to be granted in order for them to lodge over 4 individuals in the home.
Specifically, this building code variance request is to allow the occupancy of a detached single family residence, for up to 6 males between the ages of 21-50 years old who are mentally disabled, but ambulatory, with the following conditions:
-Each client attends the St. Coletta's day programming scheduled Monday through Friday.
-The 6 males will have 24 hour supervision by a qualified staff members at all times.
-St. Coletta's of Illinois, Inc. will provide adequate staff for the supervision of its residents.
-The building and site will comply with all existing Village Code standards for a residence.
On September 21, 2015, this item was reviewed by the Development Services Planning and Engineering Committee, recommended for approval and referred to the Village Board of Trustees for consideration.
Recommended Action/Motion
I move to approve the building code variance, with conditions, as outlined above, recognizing that petitioner must still apply for a special use for a group home lodging 6 adults.