Elmhurst’s Locally Owned and Operated Hometown Newspaper
VOL. 22 • NO. 15
WWW.THEINDEPENDENTNEWSPAPERS.COM
Hoop House owners sue City
Virgils seek allowance to keep membrane structure in yard, court fees
By Dee Longfellow FOR THE ELMHURST INDEPENDENT
Late last week, the Independent learned that on March 23, a complaint for administrative review was filed by Nicole and Dan Virgil in the DuPage County Circuit Court against the City of Elmhurst over the hoop house located on their property that City officials have deemed illegal because it is against the City’s Building Code. A hoop house is a membrane building of sorts that is placed over, in this case, a garden to keep the elements out. It is designed to stretch the growing season so that it can begin a few months earlier and last longer at the end, since the usual weather in state of Illinois requires calling it quits by early to mid fall. An administrative hearing officer determined that the City should compel the Virgils to remove a membrane component of a garden, or “hoop house,” in their yard because the membrane is not allowed under the City’s Zoning Ordinance. The suit alleges that the membrane is not governed by the Building Code and that the City’s direction to remove it relies on the Building Code. The Virgils developed a large plot in the yard behind their home to engage in “recreational gardening.” Roughly between late October of 2015 to late March 2016 and between October 2016 through late February of 2017, they have used
a membrane over a portion of their garden plot to extend the growing season and to preserve the plants under the soil. The membrane, while not permanently affixed to the ground, is made of wood, PVC and a collection of straps and bands that hold it in place over the garden while being fully able to be removed and re-installed. On February 28, 2017, the hearing officer said the Plaintiffs had violated certain sections of the Zoning Ordinance, leading the officer to order the removal of the membrane. The Virgils property, located on the 500 block of So. Fairview, is located in a R-2 Single Family Residential District, which imposes a 30% maximum lot coverage. The buildings on the property cover about 2,600 square feet of the 8,812.5 total square feet, not including the membrane structure. This means the lot is at the maximum coverage of 30%. According to the hearing officer, the additional 30 square feet of the membrane makes the lot coverage 33.6%, exceeding the maximum allowed. What the Virgils are seeking is the ability to keep the membrane hoop house on their property seasonally. They are also seeking attorneys fees and court costs. The City’s finding argues that
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THURSDAY, APRIL 6, 2017
Hawthorne School’s first-ever Variety Show
Hawthorne students (from left) Becklin Abernethy, Kate Evers and Charlotte Berry, perform in the inaugural Variety Talent show produced by Hawthorne School on Thursday, March 16 in the Hawthorne gym. From rollerblading to ventriloquism to Tabla drums, 77 young people of all ages shared their talents with an energetic audience. Full story and more photos inside.
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1 • Thursday, April 6, 2017 - The Elmhurst Independent
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