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The Planning and Regulations Committee of the DeKalb
County Board met on May 26, 2004 at 7:00 p.m. in the DeKalb County
Administration Building, Conference Room East. In attendance were Committee
Members Roger Steimel, Marlene Allen, Howard Lyle, Stephen Slack, James
MacMurdo, Pat Vary, Eileen Dubin and Vince Faivre, and staff members
Marcellus Anderson and Paul Miller. Audience members included Steve Kuhn,
Judith Mazion, Jim Johnson, Don Ross, Joyce M. Smith, Grace Adee, and Joe
Wiegand.
Mr. Steimel, Chairman of the Planning and Regulations
Committee, called the meeting to order. He noted that all Committee
members were present with the exception of Mr. Simonson.
APPROVAL OF MINUTES
Mrs. Dubin moved to approve the minutes of the April 28,
2004 meeting of the Planning and Regulations Committee, seconded by Ms.
Vary, and the motion carried unanimously.
APPROVAL OF AGENDA
Mr. MacMurdo moved to approve the agenda, seconded by Mr.
Lyle , and the motion carried unanimously.
USE VARIATION – Request of Judith Mazion for approval
to construct a single-family residence on a vacant 12-acre property, zoned
A-1, Agricultural District, and located on the south side of Chicago Road in
Somonauk Township, Petition SO-04-10
Mr. Miller began by reporting that Judith L. Mazion,
the property owner, has filed a petition for a Use Variance for a vacant
12-acre parcel located on the south side of Chicago Road, approximately
2,800 feet east of Governor Beveridge Highway, in Somonauk Township. The
petition is to allow the construction of one single-family detached
dwelling on an agriculturally-zoned parcel of less than 40 acres in
size. The subject property is zoned A-1, Agricultural District.
A public hearing on the requested Use Variance was
held by DeKalb County Hearing Officer Ron Klein on April 22, 2004. The
petitioner presented evidence that the subject property pre-dated 1976
and that the price paid for the property at the time of purchase
reflected the fact that it was a site where a house could be built. One
member of the public spoke in opposition to the request, and none in
favor. The Hearing Officer has submitted his Findings and Recommendation
and recommends approval of the request.
Ms. Vary asked if there were a nearby house on a
parcel that used to be a part of this parcel. Mr. Miller clarified that
the house in question has always existed on a separate and distinct
property from Ms. Mazion’s. Ms. Vary then commented that she had some
questions regarding the issue of whether Ms. Mazion would be caused a
hardship if she was not allowed to build now since she has held the
property for 26 years without attempting to build before. Ms. Mazion
responded that she had simply not been "ready" to build previously, but
was ready now.
Mr. MacMurdo noted that he had visited the property
and commented that the area where the house is shown is a
heavily-forested area and would have no viable agricultural value. Ms.
Vary commented that tree preservation was a viable agricultural goal.
She closed by noting that this use also appears to contradict the
recently adopted Comprehensive Plan.
Ms. Mazion commented that there were 150 to 175 trees
on the property and the plan she had submitted would preserve the vast
number of the trees by placing the house in a clearing area.
Mr. Faivre commented that in all previous
deliberations, the Committee has relied heavily on whether the proposal
meets the criteria established in the Zoning Ordinance. Since this has
clearly been shown to meet all criteria, he felt strongly that the
Committee should support the petition.
Mr. Faivre moved to recommend approval of the Use
Variation, seconded by Mr. MacMurdo, and the motion carried unanimously.
Mr. Steimel noted that the petition will now go to
the full County Board at its June 16, 2004 meeting.
SPECIAL USE PERMIT – Request of David Larson for
approval to continue operating a business from an accessory building on
property located at 27707 Moose Range Road in Sycamore Township, Petition
SY-04-08
Mr. Miller reported that David Larson, owner of the
home and accessory buildings at 27707 Moose Range Road, Sycamore
Township, has filed a petition for approval of a Special Use Permit to
allow the continued operation of a home business. The subject property
is located on the west side of Moose Range Road, approximately 1,000
feet north of Plank Road, and is zoned A-1, Agricultural. A Special Use
Permit was previously granted for the home business, but has expired.
DeKalb County Hearing Officer Ron Klein conducted a
public hearing on the request on April 22, 2004. The petitioner
presented evidence and testimony in support of the requested Special
Use, explaining that he intends to continue to use a portion of the
accessory building as an office for the consulting business that has
operated on the property since 1995. Staff explained that the original
approval from the County Board was in 1997 for a "home occupation." This
was an interim approval, first for one year and subsequently for another
five years. The current request would allow the business to remain on
the site permanently if the County Board agrees that it is substantially
similar to the Special Use category that allows service uses to be
conducted in buildings no longer used for agriculture. No members of the
public spoke in favor of or in opposition to the proposal. The Hearing
Officer has forwarded his report and recommends approval of the Special
Use Permit, with conditions.
Mr. Steimel asked if this Special Use, if granted,
would continue only as long as Mr. Larson owned the property. Mr. Miller
replied that was one of the recommended conditions from the Hearing
Officer.
Mr. MacMurdo noted that after the hearing, he had
gone out to the property and observed several "for sale" signs.
Subsequent checks with local listing services indicate the property is
actively being marketed for sale. He questioned why the County is
expending time or resources to pursue this application if the applicant
is moving toward sale.
Mr. Miller noted that Mr. Larson was not in
attendance at this meeting, despite a contact from the office confirming
that he was aware of the time and location of the meeting, and could not
address this directly. He then went on to note for the Committee’s
information that Mr. Larson had an outstanding balance due of fees for
the petition in excess of $600 that he had been requested to settle
prior to the P&R meeting. He further commented that Mr. Larson was given
several notices since June of last year informing him that this Special
Use permit was expiring. He did not respond in a timely matter and was
subsequently brought before the Code Hearing Unit and assessed fines and
fees. Mr. Miller closed by noting that, all of this history aside, while
Mr. Larson may be seeking to sell his property, there are certainly no
guarantees of how long it may take to do so. In the interim, it is clear
that he wishes to continue his business in the location until such time
as a sale is finalized. If the County Board denies this petition, the
business use of the property must cease and failure to do so would
result in another Code Hearing situation.
Mr. Steimel noted again that the Special Use will
cease at the time that Mr. Larson sells his property. Mr. Slack
commented that he recalled Mr. Larson stating at the violation hearing
that his business was failing and he was seeking to cease operations in
the near future. Mr. Miller noted that it was difficult to address these
issues without the petitioner’s presence. However, having said that, he
also pointed out that Mr. Larson has paid a substantial portion of fees
to pursue this matter and that would seem to indicate that he was
desirous of retaining the Special Use.
Mrs. Dubin asked if he could sell his land and still
retain his Special Use as a tenant of the property? Mr. Miller responded
that the recommendation from the Hearing Officer for the Special Use
includes a condition that requires Mr. Larson to remain in ownership of
the property. Therefore, he would not be able to continue the Use as a
tenant. He closed by noting that while this particular type of business
is not particularly suited to agricultural property, the unobtrusiveness
of the business has allowed it to continue without issue for
approximately nine rent free years to Mr. Larson.
Mr. Faivre commented that it was again clear that the
Hearing Officer felt that the criteria outlined in the Code had been met
and any information related to a sale of the property or failure of the
business should not come into play. He did, however, support the idea of
withholding final approval until full payment of all fees had been made.
Mr. Steimel also agreed that payment of the outstanding fees would be an
appropriate condition of approval for the petition.
Mr. Steimel asked if it was policy to require full
payment of fees prior to final County Board action. Mr. Miller responded
that the Board can elect to defer action until all fees are satisfied.
However, he noted that this was the first case the office has had since
the fee payment changes that has carried an outstanding balance this
far. Mr. Miller suggested to the Committee that it could send two
Ordinances to the full Board. One could recommend approval of the
Special Use and the other could recommend denial of the Special Use
based on the failure to pay the outstanding fees prior to the County
Board meeting. Mr. Steimel could then present the Board with the
appropriate Ordinance depending on the circumstances existing that
night.
Mr. MacMurdo moved to recommend approval of the Special
Use with the conditions noted by the Hearing Officer and contingent on the
full payment of all outstanding fees, seconded by Mrs. Allen.
Mr. Slack asked if that clearly allowed the Committee
to forward a recommendation of denial if the fees are not paid.
Following additional discussion, the motion was amended.
Mr. MacMurdo amended his motion to recommend approval of
the Special Use with conditions as noted by the Hearing Officer if full
payment of all outstanding fees are made and a recommendation of denial of
the Special Use if the fees are not paid in full prior to the full Board
meeting. Mrs. Allen agreed to the amendment and the motion carried
unanimously.
SPECIAL USE PERMIT – Request of West Side Rental for
approval of a John Deere dealership on a 10-acre property located on the
south side of State Rte. 64, east of Annie Glidden Road, in Mayfield
Township, petition MY-04-14
Mr. Miller noted that West Side Rental has filed an
application for a Special Use Permit, in accordance with the
requirements of Section 9.01.B.2 of the DeKalb County Zoning Ordinance,
to accommodate a proposed agribusiness. The subject property is located
at the southeast corner of State Rte. 64 and Anne Glidden Road in
Mayfield Township. The property would consist of 10 acres of an 80-acre
farm, and is zoned A-1, Agricultural District. The application also
includes a request for two Variations, from Sections 7.07.A.3. and
7.07.B3. of the Zoning Ordinance, related to the maximum permitted area
and height of signage proposed for the business. The Variations were
requested to accommodate a free-standing sign that would be 200 square
feet in area and 31 feet high, rather than 32 square feet in area and
eight feet high as permitted.
The required public hearing was conducted on May 13,
2004 by DeKalb County Hearing Officer Kevin Buick. The petitioner
provided testimony and exhibits in support of the requested Special Use,
and indicated that DeKalb Implement has to relocate because the current
site on Rte. 38 has been purchased by Northern Illinois University under
threat of condemnation. The petitioner further indicated that the
proposed site was selected because it is in the center of the business’
service area and outside of town limits so as to reduce traffic
conflicts with agricultural equipment. One member of the public spoke in
favor of the request and four in opposition. Those opposed cited
concerns about changing the character of the area from agricultural to
commercial. The Hearing Officer has submitted his findings and
recommendation. He denied the requested Variations from the Sign
Regulations, but recommends approval of the Special Use Permit with
conditions.
Mr. Steimel underlined for the Committee that the
Sign Variation would not be under the Committee’s jurisdiction, and
therefore would not be an appropriate topic for tonight’s discussions.
Mr. MacMurdo asked if that was dictated by State Statute or local
ordinance. Mr. Miller responded that State law allows county’s to decide
whether the zoning board (or hearing officer) should make decisions on
variations or make recommendations only. DeKalb County has always taken
the position, through its adopted regulations, that the decisions on
variation requests should be made by the Hearing Officer.
Mrs. Dubin asked if the denial of the sign variation
would cause the company to reject the site selected and move elsewhere.
Mr. Johnson, speaking as the petitioner, responded that the company
would still go forward with the project as proposed despite the denial
of the Sign Variations.
Ms. Vary commented that this project was proposed on
prime agricultural land and that the closest agribusiness appears to be
two miles away. She noted that she could understand why the adjoining
neighbors would be upset at the radical change of the land use. She
closed by asking if the petitioner had purchased all 80 acres of the
parcel. Mr. Johnson replied that they had purchased only ten. He closed
by noting that another agribusiness, Maplehurst Grain, was located less
than a mile away.
Ms. Vary noted that this petition seemed to go
against what the land was designated for in the Comprehensive Plan. Mr.
Steimel responded that the petitioner was a business that the local
agricultural community would very much seek to retain in the area. Given
that they were being forced from their current location, he felt it was
an appropriate and agriculturally beneficial use of the land supporting
the spirit of the Plan. He commented that there have been several
implement dealerships lost to the County or forced into consolidations,
and that has caused great difficulties for local area farmers. The
location of this proposal provides for safe and efficient transport of
equipment to the local area farms.
Ms. Vary commented that she realized the burden on
the business placed by the move, but is still concerned about the change
in the nature of the area. She further noted the concerns of the nearby
property owners that once this business was approved, that other
less-desirable types of businesses might crowd around it, specifically
gas stations and the like. Mr. Steimel replied that current zoning would
not allow for such businesses on that corner and any other requests
would be put through a rigorous and stringent review.
Mrs. Dubin commented that she shared some concerns at
the "exception" of allowing this business use on the land and wondered
what other exceptions might come through the door. Mr. Steimel noted
again that agribusinesses support the farmers that the County is
desirous of supporting.
Mr. Wiegand, County Board member, asked to speak from
the audience. He commented that as he reviewed the Findings of Fact,
there was mention of another John Deere dealership owned by the same
company located in Kings, Illinois - just 18 miles away from the
proposed location. He wondered why two dealerships would be situated so
closely to each other. Mr. Johnson replied that the dealership currently
located in Kings had been a foundering dealership in Ogle County that
they had made successful by running it as a service center. Mr. Wiegand
asked if they intended to close the Kings location when this new
proposed location opens. Mr. Johnson replied that they had no intention
to close that location.
Mr. Faivre moved to recommend approval of the Special Use
with the conditions noted by the Hearing Officer, seconded by Mr. Lyle. The
motion carried with five members in favor and Mr. Slack, Mrs. Dubin and Mrs.
Vary opposed.
There followed some general discussion related to the
conditions that had necessitated the move of the John Deere dealership
from the current location as well as the potential impacts of such land
use approvals. Conversation closed with an agreement that there may be
additional education needed regarding what sorts of actions and
decisions are most beneficial to agricultural land usage.
ZONING APPLICATION FEE SCHEDULE – Possible amendment
to the zoning application fee schedule to assess double fees in the case of
violations
Mr. Miller opened the discussions by noting that at
its February 18, 2004 meeting, the County Board inquired of the State’s
Attorney and staff whether a fine or additional fee could be charged to
applicants who seek zoning actions after having been found in violation
of the County Code. Staff has since discussed the issue with the State’s
Attorney, and concluded that the fee schedule for zoning actions can be
amended to require that applicants who have been found to be in
violation can be charged double the normal application fees. A precedent
for this approach already exists in the County Code for individuals who
build structures without the required Building Permit (Section 14-3(b)),
whereby fees are doubled for structures built prior to obtaining a
permit.
Accordingly, staff recommends the following amendment to
the zoning application fee schedule:
6. The fees set forth herein shall be double for
any application for a zoning action that would have the effect of
correcting a violation(s) of any provision of the DeKalb County
Zoning Ordinance.
Mr. Steimel asked what sort of fee levels are being
discussed. Mr. Miller replied that the typical fees are from $400 to
$1,000 dollars, and those fees would be doubled for violators under the
proposal. Mr. Steimel asked if this would have been applicable in the
recent case of the Hinckley craft shop that the Committee had addressed.
Mr. Miller replied that the Hinckley case would likely not be applicable
as the owner was not aware they were in violation prior to notification
and, more importantly, did cease operations as soon as they were made
aware and while they pursued the appropriate permits and approvals. He
noted that it is the case where a violation is on-going after
notification, or when the action takes place despite the owner having
been advised of the need for zoning approval, that this change is aimed
at addressing.
Mr. Steimel asked if the recent case of the
landscaper who was aware they needed appropriate permits but admitted
they had simply "never gotten around to it" would be applicable. Mr.
Miller replied that such a situation would likely have resulted in
double fees under this proposed revision. Again, it illustrates the
intent of the Board to impose some punitive action on individuals who
are aware of their violations, but choose to not address them in a
timely manner.
Mr. Lyle asked how many notifications are sent to
violators prior to the fees being doubled. Mr. Miller replied that for
individuals who have existing permits or Special Uses, there are
typically two advance notices sent with ample time for response. These
are then followed by a notice informing the individual that the Use has
expired and noting that continuation would result in a violation
situation.
Mr. MacMurdo commented that with three notices prior
to applying the double fee seemed reasonable. Mr. Miller responded that
there is another situation in play currently regarding a local storage
facility wherein two notices were sent and the Use has expired on May 16th
without the holder of the Use initiating action to resolve the issue.
Mr. MacMurdo commented that it seemed fairly
straightforward to assess a penalty to an individual who had received
notice after notice without handling the situation. Mr. Miller commented
that there was also a second type of situation. This would involve
individuals whose actions are not known by the Planning Office staff and
for whom we do not have any existing files (and therefore no way to
alert them to when their Uses were expiring). These individuals would
receive notification and, if they chose not to begin to resolve the
situation in a timely manner or continued operations in clear violation,
would have the double fees assessed.
Ms. Vary moved to approve the recommended zoning fee
schedule change as presented, seconded by Mrs. Dubin.
Mrs. Dubin asked if it was the intention to change
any current notification letters to clearly inform the recipients they
are in danger of incurring higher fees by non-compliance. Mr. Miller
agreed that such a change would be made. He again reminded the Committee
that this would only be true in the case of the individual who had a
current file being monitored by the office. For individuals who are
unknown and receive their first notice, they would be given an
opportunity to cease operations and take proper action under the
standard fee schedule.
Mrs. Allen noted that there is also a storage
facility south of Sandwich and asked if those individuals will be given
notice prior to the expiration of their Use. Mr. Miller agreed that they
would and noted that their files were part of the group being monitored.
Ms. Vary commented that this does seem to be a good
incentive for compliance. Mr. Steimel commented that he assumed this
would be for someone willfully not complying, as opposed to someone like
the local craft shop owner who did move to comply appropriately. Mr.
Miller noted that it was always the intent of his office to encourage
compliance, not move directly to punishment. This process is designed to
address the egregious violator, not the citizen who simply was not aware
they were in violation of the regulations.
Mr. MacMurdo asked if an individual could appeal the
application of a double fee. And if so, would that person make their
appeal to Mr. Miller? Mr. Miller replied that Code requires that all
appeals of his interpretation or application of the regulations go to
the Hearing Officer for review.
Mr. Faivre asked where, in the proposed zoning
application fee language, there was a reference to the
three-notification requirement. Mr. Miller commented that procedures at
that level are not generally written into the actual zoning fee
schedule. Mr. MacMurdo pointed out that putting that level of procedure
into the regulation, could open the issue to misinterpretation.
Mr. Miller noted that perhaps this could be placed in
another section of the regulations. Perhaps the Violations section of
the zoning ordinance could contain a concurrent reference to apply the
three notice standard for existing uses being monitored.
Ms. Vary asked if a language proposal for the
Violations section could be brought to the Committee at the next
meeting. Mr. Miller noted that would be possible.
Mrs. Allen commented that if the Committee feels the
office is not following appropriate procedures, they have the right to
direct staff to correct any procedural problems that may arise.
The Committee then discussed tabling the motion pending
the receipt of language changes.
The Committee then return to the motion made by Ms. Vary
to approve the recommended zoning fee schedule change as presented, seconded
by Mrs. Dubin. The motion carried with seven members in favor and Mr. Faivre
and Mr. Slack opposed.
DISCUSSION ITEM – Possible revisions to the County
Zoning Ordinance
Mr. Miller began by reminding the Committee that on
December 17, 2003, the County Board adopted the DeKalb County Unified
Comprehensive Plan. This document set forth a vision for the future of
the County and provides direction for growth and development. The
primary tools for turning this vision into reality are the zoning
regulations contained in the DeKalb County Zoning Ordinance. Because the
Comprehensive Plan has been amended and refined, it is essential that
the Zoning Ordinance also be amended and refined as necessary to
implement the Plan. At the same time, it is appropriate to consider any
technical changes to address problems in interpretation and
administration of the Zoning Ordinance.
As part of the Unified Comprehensive Plan project,
the planning consultant prepared a model Unified Development Ordinance
that contained draft zoning and subdivision regulations. These draft
regulations were made available to the County and each of the
municipalities participating in the Regional Planning Commission. Staff
has used these model regulations to evaluate potential changes to the
County Zoning Ordinance. It should be noted that, because the County’s
Comprehensive Plan generally discourages growth and development in
unincorporated, rural DeKalb County, many of the model regulations are
not needed in the County Zoning Ordinance. However, portions of the
model Unified Development Ordinance have been used heavily, most notably
the definitions section.
Mr. Miller noted that the Committee had been provided
a list of possible changes to the County Zoning Ordinance. He commented
that staff is requesting that the Committee review this list, and be
prepared to discuss the possible changes at its May 26, 2004 meeting.
Staff will be requesting direction on which possible changes to proceed
with in the form of an official Amendment to the Zoning Ordinance. In
particular, the Committee should consider the first set of "Questions
for the Committee," as these are some of the most substantial possible
changes being advocated by staff. Rather than attach a written
evaluation of each of these at this time, staff will be prepared to
discuss these items with the Committee, with the intent of focusing
subsequently on those changes deemed appropriate.
Mr. Steimel then asked if Mr. Miller could do a brief
overview of each of the six most critical questions as presented in the
report to the Committee. Mr Miller began with the first question
addressing the issue of reducing the County zoning districts from the
current six to only A-1, Agriculture and Planned Development. He noted
that such a move would underline the County’s desire to not strongly
encourage development, residential or otherwise, within unincorporated
areas, and to provide the County a stronger set of options when
development is proposed. He closed by noting this would change the
conditions of lots carrying these designations from "by right" land use
allowances to allowances controlled more by the discretion of the Board.
Mr. MacMurdo asked how many vacant lots carry the
four zoning categories being proposed for elimination (R-1, R-2, B-1 and
M-1). Mr. Miller responded that there are very few and so the impact in
that respect would likely be negligible. Mr. MacMurdo asked if a listing
of the vacant lots could be produced for the Committee’s future review.
Mr. Miller agreed that could be done.
Mr. Miller then addressed the second item, requesting
elimination of the Use Variation. He provided the Committee some
historical information on the origin of the allowance. Discussion
followed regarding the growing temptation of many to try to bend the
loophole which had been intended for a very small and carefully defined
set of individuals to accommodate more and more attempts to acquire the
right to build residences on small parcels of currently agricultural
land.
Ms. Vary noted that the Committee has certainly
struggled to deal with some of the criteria set for the Use Variation,
specifically the issue of determining when an individual had paid a
"premium price" for the property.
Mr. MacMurdo noted that he had some concerns
regarding eliminating the Variation and opening the door to litigation
that might ultimately damage other areas of the regulations. He
commented that it was important to maintain the integrity of the 40-acre
rule so often re-endorsed by the County Board.
Ms. Vary asked if some input could be received from
the State’s Attorney regarding the vulnerability of the provision to
litigation. Mr. Miller noted he could obtain that information for the
Committee.
Mr. Miller then address the third item on the
listing, the restriction of variation requests to issues related to
"bulk regulations" only. He explained that the way the current
provisions are written, it leaves the door open to interpretation that
the Hearing Officer can technically allow variations from any provision
in the Ordinance. For example, an individual has, under current
language, asked for a variation from a definition. He explained that
bulk regulations are limited to only those provisions which outline
dimensional or numerical requirements, such as set-backs, lot-width,
building heights, lot coverage ratios, etc.
Ms. Vary asked if there were a definition of bulk
regulations provided within the Code. Mr. Miller commented that there is
a proposed definition in the new ordinance language being proposed.
Mr. Miller then moved to address question four which
proposes to eliminate the allowance for agricultural labor housing. He
noted to the Committee that this is an increasingly obsolete practice
applying to far fewer individual farm land owners. Mr. Miller noted that
individuals applying currently are trying to use it as a way to
establish a second residence against the provisions of the 40-acre rule.
He noted that of the one or two areas that have existing and legitimate
labor housing usages, those individuals would be grandfathered and
allowed to continue as long as their legitimacy continued.
Discussion followed related to the fact that more and
more migrant workers are not living on the work sites, but rather
choosing to elect lower cost housing in nearby towns. Mr. Miller noted
the difficulty of enforcing and verifying when an individual is
legitimately ag labor, absent the requirement of a W-2 or some other
form of formal document. Mr. Miller then asked the individuals on the
Committee who are engaged in active farm activities if they saw any
reason to continue the allowance as broadly as it is currently
constructed. Mr. Steimel commented that he would take time to consider
this over the next month.
Mr. MacMurdo noted that if the allowance were
removed, they could always address an individual case as a planned
development. Ms. Vary asked if that would open the door to several
structures being allowed. Mr. Miller noted that there would be no option
for multi-family options.
Mr. Miller then moved to the fifth question, to allow
accessory structures on through lots provided the front yard setbacks
are met and the site plan reviewed and approved by the Planning
Director. He commented that a through lot is one that has a roadway in
front of as well as behind the lot. He noted that the current
regulations prohibit a shed or accessory structure between the principle
house and a street. In the case of a through lot, it prohibits the owner
from placing a shed anywhere but to the side of their principle
structure, greatly reducing their lot use option or forcing them into
seeking a variation from the prohibition He then commented that one
approach would be to adopt a "buildable area" approach whereby the lot
would have to observe front setbacks at both the front and back of the
lot and side setbacks as applicable to the zoning class. However,
structures could then be placed anywhere within the square.
Mr. Miller then moved to the sixth question which
would remove the requirement of a Special Use for home business where
there is strictly phone and computer use, but no customer visits,
employees or frequent deliveries. He noted for the Committee the
difficulty in enforcing prohibitions against many home businesses.
Mr. MacMurdo asked if someone with a beauty salon in
the basement of their house would be eligible for this exemption from
the Special Use. Mr. Miller replied that it would not be exempt because
that business would necessitate customers coming to the location and
potentially causing parking or noise problems for their neighboring
properties.
Mrs. Dubin commented with the new economy, many
individuals are being forced to utilize their homes as their business
locations to save rental costs. Ms. Vary concurred that technologies
easily allow this sort of usage. Mr. Steimel commented that the
elimination of this requirement could be perceived as a very "citizen
friendly" action. Ms. Vary concurred that this would also go a long way
toward eliminating time and money costs to the petitioners as well as to
the County.
Mr. Miller noted that it would still be the intention
of the County to ask for a permit as a form of "registering" the
businesses, however there would be no fee attached. Mr. Faivre asked why
the County would need to require a permit. Mr. Miller replied that the
greatest advantage would be to give the County the opportunity to
clearly indicate the parameters of the usage to the individual to
prevent them from slipping into prohibited uses and putting themselves
in potential violation situations.
Mr. Miller then posed the question to the Committee
if they would prefer to address the above mentioned items as well as the
several other proposed changes during their regular meetings or if they
would want to set aside a special meeting, perhaps on a Saturday
morning, to tackle the material all at one time. Ms. Vary commented that
she would like to try setting a time at the next two regularly scheduled
meetings and if the Committee does not seem to be making progress,
address setting additional times at that point. Mr. Miller cautioned the
Committee that there can be a danger of loss of momentum on large scale
projects like this if they are carried on too long.
Mr. Faivre asked if the rest of the County Board will
be informed about the possible changes as they are being debated. Mr.
Miller replied that they will, of course, receive the Committee minutes,
but also noted that he would send a copy of the proposed changes to the
overall Board for their information. He closed by commenting that he
will also ask Ms. Supple from the Administrator’s office to post an
internet notification for the members with the content and when the
discussions will be held.
Mr. MacMurdo commented that if the Committee opted to
agree to the reduction in zoning classes, that alone would resolve a
large number of the following items.
Following additional discussion, the Committee
determined by consensus that they will initially handle these
discussions at their regularly scheduled meetings.
DISCUSSION ITEM – Possible Planning, Zoning and
Building Department personnel reorganization
Mr. Miller began by noting that the Board is given
the responsibility for the overall creation and elimination of positions
throughout the County. He noted that the involvement is focused on
organizational structure, and not on employee evaluation, etc. Mr.
Miller then provided the Committee a brief overview of how he had
arrived at the reorganization plan that he was brining forward for
consideration. He commented that he had previously come before the
Committee with a recommendation regarding the Building portion of the
Office that had been quite successful. Mr. Miller closed by reviewing
the basics of the proposal to eliminate the positions of Code
Enforcement Technician and Secretary and replace them with two positions
(Assistant Planner and Zoning Technician) that would be more efficient
and provide for a better division of duties throughout the office.
Mr. Steimel commented that this is a matter being
discussed at tonight’s meeting, but is anticipated to be settled at a
future meeting prior to the completion of the budget cycle for FY2005.
Mr. Slack asked if the proposed Assistant Planner’s
attendance at the Regional Planning Commission meetings would alleviate
Mr. Miller’s responsibilities for attendance. Mr. Miller responded that
it would not and that it was his intention to continue as the primary
staff for that body as well as the Planning and Regulations Committee.
He noted that the other position would simply provide a secondary backup
as well as performing other duties currently performed by the Secretary.
Mr. MacMurdo requested that Mr. Miller provide the
Committee additional budget impact information prior to the next
meeting. Mr. Miller agreed that would be done. Mr. Steimel concurred
that cost would be a primary consideration in the Committee’s
endorsement of any reorganization. Mr. MacMurdo closed by recommending
that Mr. Miller review the budget information with County Administrator
Gary Hanson before the meeting to gather his input. Mr. Miller agreed
that he would do that before the meeting as well. He closed by noting
that the Committee would be asked not only for a motion of support, if
they felt it so justified, but would also be asked to speak in support
of the reorganization at the County Board as well as throughout the
budget process.
On an unrelated note, Mr. Steimel commented that the
recently completed Unified Comprehensive Plan for the County had
received a Planning award from the American Planning Association. Mr.
Miller, Board Chairman Sands and Paul Rasmussen from the Regional
Planning Commission attended the awards ceremony. Mr. Miller added that
the award had surpassed several others and received quite a bit of very
complementary comment from the Association.
Mr. Lyle moved to adjourn, seconded by Mrs. Dubin , and
the motion carried unanimously.
Respectfully submitted,
Roger Steimel, Chairman
Planning and Regulations Committee Chairman
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