After more than a year of waiting, Elmhurst couple closer to getting OK for hoop house

More than a year after Nicole and Dan Virgil were forced to remove a temporary greenhouse from their Elmhurst backyard, they're still waiting for the city to revise its rules to allow such structures.

This week, the couple learned they must wait a little longer.

A city council committee on Monday said it needs at least another two weeks to finalize language for a proposed text amendment to Elmhurst's zoning ordinance regarding so-called "hoop houses" and other systems designed to extend the growing season.

The issue arose because the Virgils own a hoop house - a plastic-covered greenhouse - that was found to be in violation of the city's code.

The Virgils said they installed the temporary structure in fall 2015 so they could raise vegetables during the winter. A neighbor complained to the city, even though the Virgils took the hoop house down in spring 2016.

When the Virgils put the structure up again in fall 2016, the neighbor lodged another complaint.

The case went through an adjudication process, and the administrative hearing officer determined that hoop houses don't comply with Elmhurst codes. The hoop house was taken down in February 2017.

"We felt the ordinances that were applied to our case were inapplicable," Nicole Virgil said. "A permanent building ordinance, we felt, should not apply to temporary buildings, which they don't anywhere else in the city."

The case was appealed to the state's Second District Appellate Court. In December, the court issued a ruling upholding the hearing officer's decision.

Meanwhile, the Virgils say they've been asking the city to consider revising its ordinance since November 2016.

"We'd just like to be able to use it (the hoop house) seasonally to be able to garden during the colder months of the year," Dan Virgil said.

Although a permanent greenhouse is an option for Elmhurst residents wanting to extend the growing season, officials said they want to evaluate alternatives.

The council's development, planning and zoning committee started talking about a possible text amendment last month.

Once the language is finalized, the full council will need to authorize the city's zoning and planning commission to conduct a public hearing on the proposed change.

During a nearly two-hour discussion Monday night, the three aldermen on the committee - Michael Honquest, Noel Talluto and Mark Mulliner - came up with a list of suggested requirements for the proposed amendment.

The list includes limiting hoop houses to backyards, capping their height at 6 feet, and prohibiting their use for storage. Committee members said they want to clarify some issues, including how big of a structure a typical family would need.

Their discussion is expected to continue in two weeks.