Cook County commissioners have been struggling with how to handle the increasing desire of property owners to use recreational vehicles (RV) as housing. In June the issue became a bit more complicated, as a request for RVs for temporary housing for employees at Trail Center Resort on the Gunflint Trail was considered—and ultimately approved because the trailers are in a resort-commercial/ residential (RC/R) zone.
The two RVs at issue—one 10 feet and the other 28 feet in length—have been parked on the 17.7- acre Trail Center property for approximately 10 years. The Cook County Office of Planning and Zoning (OPZ) sent a letter to Sarah Hamilton, owner of Trail Center Resort, in January 2011, informing her that the county’s zoning ordinance requires such recreational vehicles to be permitted— and the permit is only good for two years. Assistant Planning and Zoning Administrator Joseph Routh added that since Trail Center is in a RC/R zone district, which could allow use of the RVs under a conditional use permit (CUP), Hamilton could make an application for use of the trailers. According to Zoning Ordinance Sec. 4.17B conditional uses in the RC/R zone can be granted by permit for tents or vehicles in public or private camping areas.
Hamilton submitted a CUP request to use the trailers for “long term staff housing” in February 2011. In her request, she noted that the trailers would be used only in the summer, from May to October. She said she tries hard not to hire people who have to live on the property, but some summers, she said “I have no choice. With college students filling in my summer staff needs, they have to have housing. These are not used every year, but they are very important when we do need them.”
The Planning and Zoning Commission recommended approving the CUP on June 8. Planning Commissioners Jerry Gervais and Allan Olsen voted against the CUP, expressing concern about setting a precedent for other lodges and resorts, something echoed by Commissioner Bruce Martinson at the Tuesday, June 21 county board meeting.
OPZ Planning Administrator Bill Lane was at the county board meeting to answer questions. Lane said he didn’t feel that a precedent was being set since this is a specialized use. He said, “I think the argument could be made that this is recreational use in relation to a camping/resort facility.”
Martinson said, “I don’t think that was the intent, when this conditional use was established, to allow use for employee housing for five months.”
Martinson questioned whether the six planning commission conditions were tough enough. The planning commission submitted the following conditions: the RVs shall conform to all zone district setbacks; setback distances shall be verified by the OPZ; the applicant shall provide a copy of the septic maintenance agreement to the Cook County Environmental Health Inspector for review and approval; to limit RV visibility from travel corridors and adjacent properties, screening shall be established; the permit shall expire after three years, with renewal thereafter; the applicant shall be encouraged to construct permanent facilities for employees; and upon sale of the property, the CUP and its allowances will terminate in 60 days, unless a new permit is applied for by the new property owners.
Another concern, said Martinson, was regarding septic disposal for the RVs. Lane said a new septic system had been installed recently and an inspection had been conducted by Mitchum Johnson of Swampthing Environmental in Duluth, who found no sign of sewer system failure. The trailers themselves are not hooked into the system. Porta-potties are used and pressurized water for bathing is available elsewhere in the resort complex. Lane said the use of the porta-potties is “a viable answer to the treatment and containment of human waste.”
Aesthetics was another concern and Lane said Trail Center was moving the trailers from their current location in the lower parking lot at Trail Center to an area across the road from Trail Center, further from the Gunflint Trail, with vegetative screening. Sarah Hamilton and her sister and business partner, Anna Hamilton, wrote to the planning commission, reassuring that body that they had no intentions of having more campers. “Nor do we have a current ‘trailer park’ as one summer cabin owner has stated,” the women wrote. “The new site is private and not visible from either the Gunflint Trail or the Hungry Jack Road. The area they are being moved to is five acres in size.”
Martinson said he felt the CUP should only be for two years and he said he would like the reference to renewal removed. He also said the county should push Trail Center to build permanent housing. County Attorney Tim Scannell said if that was the county’s intent, the language of condition six was not effective. “How ambivalent, ambiguous, and wimpy can we get?” Scannell asked.
Lane said constructing permanent housing was “discussed at length” with Hamilton, who said she was unable to afford to build now or any time soon. “If she says she can’t afford to build facilities, I can’t convince her otherwise,” he said.
Commissioner Fritz Sobanja said condition six should be deleted altogether, noting that the county should not force someone to build something they can’t afford to build. It is a “control issue” he said, adding, “Some people just don’t like the way white metal looks, but I don’t think I have a right to control what someone else does or does not build.”
Commissioner Jim Johnson noted that 45 letters went out to surrounding property owners and only three letters were received in return—two in favor of the CUP and one expressing some concerns. He said at least four of the concerns had been addressed. “I’m pragmatic. If we stick to the letter of the law, we may end up hurting a business. I don’t think anyone wants to do that.”
Commissioner Hakes agreed. She said, “I support this. Trail Center is a very good, well-operated business. This may not be a perfect solution, but I want to support economic development and sustainability in Cook County.”
Commissioner Martinson made a motion to approve the CUP but to change the conditions, eliminating the reference to renewal and requiring that Trail Center “take steps” to construct employee housing. “I think it needs to be a little stronger. They [the Hamiltons] will have to come back to the board and explain the steps taken and why they have not been able to construct employee housing,” he said.
The motion passed, with only Commissioner Sobanja voting no. He said he voted no because of condition six and repeated that the county should not pressure people to build. “It’s an aesthetics thing. This may not be allowed in our zoning ordinance, but RVs are all over the highway, they are in people’s backyards. They are a fundamental way of life,” said Sobanja.
Lane acknowledged that the county still needs to decide how to handle requests for RV use in residential areas. Lane reiterated what Routh had written. He said, “Typically, extended use RV permits are applied to personal properties and are intended to act as a ‘bridge’ between land ownership and construction of permanent facilities.
“We have been trying to put a wedge between someone using an RV as a seasonal residence. With the residential interim use permit, we say, ‘When you’ve done the three years, you’re done.’ This is a cloud hanging over us. It needs to be addressed,” said Lane.
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