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THE CARPETBAGGERS DESCEND

What little arcane junk is going on behind the scenes, as city hall is coming up with a new definition for “commercial indoor lodging?” The city council members may think that they know what they have approved. The proposed change in “commercial indoor lodging” could make their approval an approval for “anything goes indoor lodging”, or an approval for “cheap crowded rooming houses with no bathrooms.” The proposed ordinance, as rewritten by city attorney Dan “small ball” Draper for the June 20th city council meeting will permit both. Is there a connection between this out-of-nowhere approval and the out-of-town owners (including the owners of the buildings and the newly acquired parking lot) as well as the rewriting of this innocent seeming ordinance? Is there a problem with the current “commercial indoor lodging” definition? If so, why would the planning commission give approval for an ordinance that it is about to be changed, or is it being changed for them?

The explanation given at the planning commission was that city attorney “Small Ball”, who proposed the change, was concerned that the state was going to rewrite the law on “commercial indoor lodging,” and if the city rewrites a city ordinance before the state rewrites its law then the city law (and therefore those governed by it) could be grandfathered in. Without stating it directly, this is how local laws can get around state statutes if they act before the new law restricts them. This can give exclusive rights to a limited few who sneak in before the new law is passed. In reviewing the proposed changes there are many additions, but there is one significant requirement that has been deleted from the old ordinance and that is in the description of commercial indoor lodging.

The requirement that was removed was that each room or suite have a private bathroom. When converting a residential style house to a commercial indoor lodging facility, deleting the private bathroom requirement changes the minimum room requirement to basically allow for the renting of multiple sleeping spaces in a single room. That drops the cost of conversion, as well as the potential quality of transients who might stay there. The three properties that were approved for “Commercial indoor lodging” are all located behind the Cove and by the property on South Shore Drive that the city just bought for a parking lot. The location is conveniently located for transient workers coming in to work at the Cove, Harbor Shores, Baker House and Bella Vista Suites.

In the council’s discussion someone asked how many people could stay there? No definitive answer was given by attorney “Small Ball”, but an Alderman replied that there may be a state law that might limit the number to 20. “Commercial indoor lodging” is not regulated like a hotel nor is the owner required to be on premises like in a local bed and breakfast. There are few requirements. What is coming down the pike here? Twenty people crammed into one room and then five rooms to a house and three houses on the small property? Do the math. Are city slickers doing it again to the poor uninformed country folk out among the farms and fields? It sure looks like it.

From the Minutes of the June 20, 2016 City of Lake Geneva Plan Commission meeting

11. Public Hearing and recommendation on a Conditional Use Application filed by Anthony Scalzitti, 608 Fairview Ave, Elmhurst, IL 60123 to operate a Commercial Indoor Lodging facility at an existing Single Family Home in a General Business (GB) zoning district located at 233 S Lake Shore Drive, Tax Key No. ZNB 00003. Applicant gave an overview of the application details and there was a brief discussion with the Commission.

DISCUSSION –Anthony Scalzitti, applicant There was a discussion about the difference between B&B’s and Commercial Indoor Lodging facilities.

PUBLIC SPEAKER #1 – Terry O’Neil , 954 George St., O’Neil asked what are the time limits for commercial indoor lodging? LG Slavney replied that our ordinance does not identify any explicitly, however, if you reside in the same dwelling unit for more than half a year it is considered a permanent residence. Gibbs/Skates moved to close the public hearing. The motion carried unanimously.

MOTION #8 Gibbs/Skates moved to close the public hearing. The motion carried unanimously

MOTION #9 Skates/Gibbs moved to approve the recommendation on a Conditional Use Application filed by Anthony Scalzitti, 608 Fairview Ave, Elmhurst, IL 60123 to operate a Commercial Indoor Lodging facility at an existing Single Family Home in a General Business (GB) zoning district located at 233 S Lake Shore Drive, Tax Key No. ZNB00003, to include the taking down of the garage, ensuring that all vehicles and recreational vehicles are parked on a hard surface, no outdoor storage, all staff recommendations and fact finding. The motion carried unanimously.

12. Public Hearing and recommendation on a Conditional Use Application filed by Anthony Scalzitti, 608 Fairview Ave, Elmhurst, IL 60123 to operate a Commercial Indoor Lodging facility at an existing Single Family Home in a General Business (GB) zoning district located at 237 S Lake Shore Drive, Tax Key No. ZNB 00004.

DISCUSSION –Anthony Scalzitti, applicant Applicant gave an overview of the application details and there was a brief discussion with the Commission.

PUBLIC SPEAKER #1 – None

MOTION #10 Gibbs/Hartz moved to close the public hearing. The motion carried unanimously.

MOTION #11 Hill/Skates moved to approve the recommendation on a Conditional Use Application filed by Anthony Scalzitti, 608 Fairview Ave, Elmhurst, IL 60123 to operate a Commercial Indoor Lodging facility at an existing Single Family Home in a General Business (GB) zoning district located at 237 S Lake Shore Drive, Tax Key No. ZNB 00004; ensuring that all vehicles and recreational vehicles are parked on a hard surface, no outdoor storage, all staff recommendations and fact finding. The motion carried unanimously.

13. Public Hearing and recommendation on a Conditional Use Application filed by Anthony Scalzitti, 608 Fairview Ave, Elmhurst, IL 60123 to operate a Commercial Indoor Lodging facility at an existing Single Family Home in a General Business (GB) zoning district located at 419 Cass Street, Tax Key No. ZNB 00002.

DISCUSSION –Anthony Scalzitti, Applicant Applicant gave an overview of the application details and there was a brief discussion with the Commission.

PUBLIC SPEAKER #1 – None

MOTION #12 Hill/Skates moved to close the public hearing. The motion carried unanimously.

MOTION #13 Skates/Gibbs moved to approve the recommendation on a Conditional Use Application filed by Anthony Scalzitti, 608 Fairview Ave, Elmhurst, IL 60123 to operate a Commercial Indoor Lodging facility at an existing Single Family Home in a General Business (GB) zoning district located at 419 Cass Street, Tax Key No. ZNB 00002; ensuring that all MOTION #13 Page 4 of 5 Plan Commission Mtg Minutes 6-20-16 vehicles and recreational vehicles are parked on a hard surface, no outdoor storage, all staff recommendations and fact finding. The motion carried unanimously

 

 

 

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