Agenda - Planning Commission - 04/06/2006

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Z.B. March I0, 2006 --Page 7 F as residences in a manufactured home subdivision. However, the covenants were not changed explicitly by the Ah-park. Powell, an Ah-park res/dent, sued the A/rpark to keep RVs out of the subdi- vision. The court ruled in his favor. Washburn, the president of the AL-park corporation, appeared, arom~ing that the covenants should be interpreted to follow the zoning change and allow firee' use of the land. The appeals court ruled in favor of Washbttrn. Powell appealed to the state supreme court. DECISION: Reversed. Although the covenants did not expressly prob,'bit or permit RVs as residences, the plain intent and purpose of the restrictions was to limit residences in the Ah-park to mobile or manufactured homes, constructed homes, or hangar-homes. The covenants contained no catch-all language stating that other types of residences had to conform to the listed residences in the AL-park, or that they were subject to approval by the Ah-parkA.rchitectural Committee. Consequently, if other types of residences were to be permitted under the covenants, they could have an appearance and quality completely at odds with that required by the covenants for mobile homes, constructed homes, and hangar residences. It was very unlikely that the parties to the covenants, having carefully speci- fied how certain types of expressly permitted residences must be config~ared, would al/ow all other types of residences with no requirements whatsoever. Ultimately, although the zoning had changed, there was no indication that the covenants changed along with it. see also: Burke v. Voicestream gr?reless Corp. I1, 87 P. 3d 81 (2004). Churches --Zoning code excludes churches from industrial areas Church claims no other land available in village Citation: Petra Presbyterian Church v. ~qllage of Northbrool~ U.S. District Court for the Northern District of Illinois, Eastern Div., No. 03 C? 1936 (2006) ILLINOIS (01 / 11/06) -- Perm Presbyterian Church was searchln g for a building in which to conduct services within the Village of Northbrook. Unable to find any other property, the church settled on property in Northbrook's industrial park. The church plarmed to convert an existing office building and warehouse. Under the village's zoning, churches were not allowed in industrial areas. Consequently, the church applied to have the property rezoned. After several hearings, the church's request was denied. The church sued, arguing that the village was placing a substantial Burden on its freedom ofreli~on because Northbrook's residential zones were already built up, and no churches were allowed in the village's industrial zone. Conse- quently, the church was effectively shut out of Northbrook. 2006 Qmnlan PubIismng Group. Any reproduction is ixoh~bited, For mom information please call (617) 542-0048. 105