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The Planning and Regulations Committee of the DeKalb
County Board met on June 23, 2004 at 7:00 p.m. in the DeKalb County
Administration Building, Conference Room East. In attendance were Committee
Members Roger Steimel, Howard Lyle, Marlene Allen, Eileen Dubin, Vince
Faivre, James MacMurdo, Steve Slack, and Pat Vary, and staff members
Marcellus Anderson and Paul Miller. Audience members included John
Gudmunson, Leslie Shaw, Meri Ann Besonen, Tom Doherty, Tana Knetsch, and
James Dionisopoulos.
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
Mr. MacMurdo moved to approve the minutes of the May 26,
2004 meeting of the Planning and Regulations Committee, seconded by Mrs.
Allen, and the motion carried unanimously.
APPROVAL OF AGENDA
Mr. Steimel suggested that the agenda be changed so that
Item 8 would be addressed before Item 7, due to the anticipated length of
discussion of Item 7. Further, he suggested that should the discussion of
Item 7 still be underway at 9:00pm, that they adjourn the meeting and await
for the next meeting to continue any further discussion on the Item. Mr.
Lyle moved to approve the agenda with the suggested adjustments, seconded by
Mrs. Dubin, and the motion carried unanimously.
ZONING MAP AMENDMENT AND SPECIAL USE – Request of
DeKalb Community School District #428 for rezoning from A-1 to R-1 with a
Special Use to allow former Malta High School, located on the south side of
State Route 38 east of the Village of Malta, to be used as the new Wright
Elementary School, Petition MA-04-15
Mr. Miller began by reporting that The DeKalb
Community School District #428 has filed an application for a Zoning Map
Amendment and Special Use Permit for property located on the south side
of State Route 38, east of the Village of Malta, in Malta Township. The
site is the former Malta High School and is currently zoned A-1,
Agricultural District. The proposal is to rezone the entire property to
R-1, Residential District with a Special Use Permit to allow the
building to be an elementary school.
The public hearing was conducted on June 10, 2004 by
DeKalb County Hearing Officer Ron Klein. At the hearing, the petitioner
presented exhibits and testimony to the effect that the request is
driven by a need to provide a new elementary school for the District,
and re-use of the old high school is the most cost efficient solution.
Staff noted that rezoning to R-1, Residential District with a Special
Use Permit for a public school is needed because the previous use, which
was grandfathered, has expired for more than one year. No members of the
public spoke in favor of or in opposition to the request. The Hearing
Officer has forwarded his report, and recommends approval of the Zoning
Map Amendment and Special Use, with conditions.
Mr. MacMurdo noted that he had no objections, but
asked Mr. Miller why he didn’t suggest doing this as a Planned
Development instead of R-1. Mr. Miller commented that a Planned
Development would not be appropriate because those regulations
anticipate a much larger project than this and would be a more
complicated process that is needed in this case.
Ms. Vary asked whether rezoning this property to R-1
would result in more problems if they later approve converting the R-1
and R-2 Districts into Planned Developments. Mr. Miller explained that
it would not, because the proposal coming forward would involve
significant modifications to the County’s Planned Development
regulations.
Mr. MacMurdo moved to recommend approval of the rezoning
and Special Use, seconded by Ms. Vary.
Mr. Steimel asked whether the question of the sign
needed to be addressed. Mr. Miller stated that the sign is something
that would be addressed at the Building Permit stage and is not
something the Committee nor the Board needs address. Mr. Miller added
that the sign as proposed would appear to meet all of the County’s
standards.
The motion was approved unanimously.
Mr. Steimel asked Mr. Miller whether any agreement as
to turning the "M" sign upside-down into a "W" had been worked out. Mr.
Miller commented that the main issue was with the size of the sign, but
that it would meet the County’s regulations, and that it was only
highlighted in the staff report because the petitioners had not
submitted anything at that time indicating the size of the sign. Mr.
Miller went on to state that since that time, the petitioners have
submitted information that show that it will not be a problem. Mr.
Steimel commented that it would be good to preserve that sign as a
memorial of the Wright family.
Mr. Miller noted that the petition will now go to the
full County Board at its July 21, 2004 meeting.
SPECIAL USE PERMIT – Request of James Dionisopoulos
and Tana Knetsch for approval to re-establish nonconforming single-family
residential use on a six-acre property zoned A-1, located on the east side
of Motel Road in Sycamore Township, Petition SY-04-16
Mr. Miller reported that James Dionisopoulus and Tana
Knetsch, the property owners, have filed an application for a Variation
to waive the restriction of Section 8.03.D.a. of the DeKalb County
Zoning Ordinance that a nonconforming use which has ceased for a period
of one year or more shall not be reestablished. The six-acre subject
property is located on the east side of Motel Road, opposite Dove Tail
Point, in Sycamore Township, and is zoned A-1, Agricultural District.
The request is to allow the property to be used for a
single-family residence, despite the fact that the house on the property
has been vacant for several years. Because the property is only six
acres in size, it’s use as a residential property is nonconforming with
respect to the regulations of the A-1, Agricultural District, which
requires 40 acres for a farm residence. Article 8 of the DeKalb County
Zoning Ordinance contains regulations related to nonconforming buildings
and properties. Section 8.03.D.a. mandates that a nonconforming use
ceases for any reason for a period of one year, the subsequent use of
the property shall conform to the zoning district. The petitioners have
indicated that the house has been vacant for seven years. Section 8.11
of the Zoning Ordinance allows that Variations from the provisions of
Article 8 may be granted by the County Board following a public hearing
before the Hearing Officer.
DeKalb County Hearing Officer Kevin Buick conducted a
public hearing on June 10, 2004 regarding the petition. The petitioners
and petitioners’ attorney provided testimony to the effect that they
were unaware of the restriction against re-establishing the residential
use at the time they purchased the property in 2000, and that they paid
a high price for the property because it has a residence on it. The
attorney also indicated that the house has been vacant for seven years,
and therefore the problem was caused by the previous property owner, and
that the current owners have always intended that either the existing
house would be repaired, or a new house would be constructed on the
property to replace it. It was asserted that, because of the floodplain
on a portion of the property, it is not suitable for any use other than
a single-family residence. No members of the public spoke in favor of or
in opposition to the request. The Hearing Officer has submitted his
report and recommends approval of the requested Variation.
Ms. Vary noted that she had problems with this issue,
because it is a loophole in the regulations and the Committee seems to
be making a lot of exceptions to this regulation. She noted that the
purpose of the one year regulation was return as many of these
nonconforming uses to their original use, in this case agricultural. She
stated that she understood the current owners do have a hardship and did
not know that there was a problem when they purchased the lot, however
ignorance of the law does not mean they are not subject to it. She
recognized that the surrounding properties are residential and that the
DeKalb County Unified Future Land Use Plan has this area marked for
low-density residential use, and because of this, she will probably vote
to approve of the Variation, in spite of all the negatives she
mentioned.
Mr. Steimel asked if the only structure that could be
built upon the property was a house. Mr. Miller informed him that the
waiver of the restriction would be to allow the nonconformity to
continue, which in this case is a single-family residence. He also noted
that if this Variation is approved, the old house could be torn down and
a new one constructed. He further pointed out that due to the state of
the current house, it would be unlikely that it could be repaired or
added onto, and that any new house would be subject to the County’s
floodplain regulations. Such regulations would require that the new
house be constructed up out of the floodplain and would therefore
improve the situation.
Mrs. Dubin commented on the fact that people are
unaware of the various rules and regulations and asked whether there is
a way people can be informed. Mr. Miller responded that although many
local attorneys are becoming more aware of the County’s regulations,
there is not any practical way to inform everyone, since the County is
not part of most real estate transactions.
Mr. Slack asked if it would be possible to get on an
MLS listing, to show what a property is zoned as. Mr. Miller said it
would, but that the zoning by itself does not tell people what it means;
people have a wide range of ideas as to what zoning means, and just
listing A-1 for instance doesn’t tell you that single-family residents
are not a permitted use.
Mr. Faivre commented that he believes that 99.9% of
people would assume that if a house is there, it could be replaced. He
also stated that he feels it should be replaced, if it meets this
criteria. Mrs. Vary responded that the idea is to try and get rid of
these nonconforming parcels, and suggested that when a title search is
done on a house, people should contact the Planning Department to
determine whether a parcel is conforming or not. Mr. Miller commented
that many appraisers to contact the Planning Department for this
information, however, not all do, and there is no way for the County to
compel them to do so.
Mrs. Vary asked if it would be possible to send a
letter to real estate agents. Mr. Miller commented that appraisers would
be a better choice, and that many of them already do contact staff on a
regular basis. However, there are too many of them to try to contact
them all.
Mr. Steimel commented that it would be too much to
try and police these transactions and added that if the house is in the
floodplain, then it might not be buildable anyway. Mr. Miller indicated
that the house is in the floodplain. He also went on to comment that
situations like this is why the Variation procedure is in place; the
regulations are general in nature, and cannot always be applied to
specific situations. Therefore, the Variation procedure allows for
relief from these regulations, when they do not seem to make sense in a
particular situation.
Mrs. Vary commented that she would like for there to
be a way to make unaware home buyers aware of the regulations. She added
that the fact that the petitioners paid a premium price for the property
is what has swayed her the most in their favor. However, this means that
the property will stay nonconforming and would likely continue so on, if
the Board approves it. Even though she doesn’t want to penalize that
current owners for this, she asked, if the Board keeps approving these
Variations, how will they ever cease being used for nonconforming uses;
how can this trend be stopped? Mr. Steimel asked whether her end goal
was to convert all this nonconforming residential uses back to
agricultural use. Mrs. Vary pointed out, and Mr. Miller confirmed, that
one of the goals of the regulations is to end nonconforming uses to
return such properties to conforming uses.
Mrs. Dubin commented that she is concerned that about
the fact that even though people are using attorneys and real estate
agents, they are finding themselves unable to develop their land the way
they thought they could, and the Committee is being called to sit over
and over again on these kinds of proceedings.
Mr. Faivre moved to recommend approval of the Variation,
seconded by Mr. Slack. The motion was approved 7 to 1, Mrs. Allen voting no.
Mr. Steimel noted that the petition will now go to
the full County Board at its July 21, 2004 meeting.
DISCUSSION ITEM – Possible Planning, Zoning and
Building Department personnel reorganization
Mr. Miller began by reminding the Committee that last
month he had brought forth a reorganization plan for consideration, and
had reviewed for them 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), which he
felt that would be more efficient and provide for a better division of
duties throughout the office. He stated that he had met with Gary Hanson
to develop a cost analysis of the proposed reorganization, as requested
by the Committee at its last meeting. He went on to state that since
then, he has revised his proposed reorganization plan. He suggested that
instead of eliminating two positions, that only the part-time secretary
position be eliminated, to be replaced by a full-time Assistant Planner
be brought in as per the reasons stated at the last meeting, the cost of
which would be partially covered by rolling over the money budgeted for
the part-time secretary into this position. Additionally, the Code
Enforcement Technician will stay but will have its duties reassigned,
which is within the prevue of the Planning Director to do. He noted that
the Code Enforcement Technician would not change in terms of hours
worked or compensation. He also presented the Committee with a Cost
Analysis spreadsheet, worksheets detailing the list of duties for the
two positions, and a new flowchart for the Planning Department. He ended
by asking the Committee to endorse this idea, and support it as part of
the 2005 budget.
Mr. Steimel commented that this is not a matter the
Committee needs to act on as such, but that this would require support
and approval when the time comes to review the 2005 budget. Mr. Miller
stated that if the Committee agrees with his suggestions, then he will
add to his 2005 budget. He further added that he has discussed this with
Gary Hanson, who has helped him refine some of the costs and benefits of
this change. He noted that Mr. Hanson indicted that he feels this does
have merit and pointed out that with two full-time professional planners
in the office, the County would have less need to go to consultant
planners for the larger jobs. Ms. Vary asked how often this has
happened. Mr. Miller replied that twice over the past four years, and
potentially more often if staff is called upon to do things through the
Regional Plan Commission (RPC).
Mr. Miller also noted that he sees the Assistant
Planner as being responsible for taking the minutes at this Committee’s
meetings and for the RPC meetings. Mr. Steimel noted that this would
allow for backup to the Planning Director.
Mrs. Dubin asked for some clarification of the flow
chart Mr. Miller presented to the Committee. Mr. Miller indicated that
not all of the positions listed on the flow chart are envisioned for
this coming fiscal year, but as a possible future expansion should it be
determined such is needed.
Mr. Faivre asked if the part-time secretary needed
beyond her normal hours, and was that overtime considered as part of the
budgeting for the Assistant Planner. Mr. Miller responded that given the
nature of Planning Department, the secretary often had to work more than
her normal hours, and that this was taken into consideration when he
budgeted for the Assistant Planner. He also noted that even taking into
consideration the budget of the part-time secretary, the addition of an
Assistant Planner is likely to represent a $30,000 to $33,000 cost to be
added to the budget.
Ms. Vary summarized the advantages of suggested
reorganization as being: two full-time, professional planners; may
decrease some consulting costs; will give better RPC support; creates
backup; and allows more continuity.
Ms. Vary moved to support this reorganization, seconded
by Mr. Lyle.
Mr. Miller added that during his discussions with Mr.
Hanson, he asked him if there were any other revenue source
possibilities. Mr. Miller noted that with more professional planners
available, it would be more likely that the smaller communities would
take advantage of the staff as a resource. He further noted the work he
was done for the Village of Malta, as an example of how that arrangement
could work.
The motion carried unanimously.
DISCUSSION ITEM – Possible revisions to the County
Zoning Ordinance
Mr. Miller reminded the Committee that at their last
meeting, he had provided them with a list of possible changes to the
County Zoning Ordinance. He had requested that the Committee review this
list, and be prepared to discuss the possible changes. Mr. Miller noted
that, as per their request, he sent a copy of the list of possible
changes to all of the Board members for them to review, and he also
included a hard copy of the Zoning Ordinance, with most of the proposed
changes inserted, in the Committee’s packet for their review. 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 FP/C, Floodplain/Conservation and A-1, Agriculture, with all
non-agricultural uses being treated as Planned Developments. 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. Steimel pointed out that the recent rezoning of the Northern FS
property as an example. He noted that if FS had decided to leave, then
any other use allowable in the M-1 District could move in their without
any review by the County Board. Mr. Miller noted that this suggestion
represents a major change to the Zoning Ordinance, representing a lot of
work to draft the necessary regulations and make changes to the existing
ones, and that what he was looking for from the Committee is their
thoughts on this proposed change first.
Mr Steimel asked whether this change would make the
current uses nonconforming. Mr. Miller responded that he envisions
crafting the new regulations such that existing uses would become
conforming, but subject to the new regulations for any future changes.
He stated that it is not his intent to make it any more difficult for
existing properties to do anything that they can do now.
Mrs. Vary asked if staff followed any particular
model in coming up with this idea; if there were any other communities
doing this also. Mr. Miller answered that there are other communities
doing this, and part of what he would be doing is checking the available
materials out there on Planned Developments and checking the legality of
such a change. Ms. Vary commented that she is concerned that this does
not make things any more difficult for the people than it already is.
Mr. Steimel commented that he remembered having an
issue brought up a few years ago involving the removal of the A-2
District, in which some people on small acreage with horses were left in
limbo, and he inquired what happened with that issue. Mr. Miller
responded that there were not many parcels zoned A-2, and that most of
them were rezoned to A-1, which allows horses, and the others were
rezoned to R-1 or PD-R. He also added that we have changed the
regulations since then to say that properties zoned PD-R are allowed one
(1) livestock animal per 2.5 acres.
Mr. MacMurdo noted that this possible change makes
sense in his mind for two fundamental reasons: the Committee is looking
at making many changes to all of the various zoning categories, and this
one change would allow them to do this in one step instead of many; and
it would allow the Committee and the County Board to better craft were
and how development will go in the County that is not addressed by the
Comprehensive Plan. He also added that if they go with this one change,
it would eliminate some 40% of the other changes included on the list.
Mr. Steimel asked Mr. Miller to explain the list they
found on their tables. Mr. Miller commented that the list notes the
vacant properties currently zoned R-1, R-2, B-1, or M-1 in the County.
He further noted that many of the parcels on the list were vacant
because they have various development constraints, such as being
land-locked or in floodplain, which prevented them from being developed.
Mr. Steimel asked how this change would affect
unincorporated communities, such as Elva or Shabbona Grove. Mr. Miller
responded that most the way he see the change being crafted, what could
be developed today, could be developed after the change.
The Committee moved to endorse the proposed change to
eliminate most of the "by-right" zoning districts in favor of planned
development regulations. This endorsement was approved unanimously 8 to
0.
Mr. Miller agreed to bring draft regulations before
the Committee at its next meeting. Also, since this change could
potentially eliminate many of the other proposed changes, Mr. Miller
suggested that the Committee only address the other five questions
proposed, instead of looking at the list of changes. The Committee
agreed with this suggestion.
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.
Ms. Vary commented about the Mazion Use Variation
that had been recently addressed by the Committee, noting that upon
further reflection on the issue, had regretted her support of that
request. She pointed out that Mrs. Mazion’s main argument for not having
built a house already, was that "she was not ready to" (which Mr. Miller
noted is a common argument many petitioners present), and how that was
not a good reason to support such petitions. She went to note that too
many exceptions are being made to the County’s rules, and fears that
exceptions like this are leading to a loss of irreplaceable farmland and
to the County becoming more like the Kane and DuPage Counties. Mr.
Steimel noted that on the other side of the ledger, a "property right"
formerly possessed by the property owners is now gone, and that an
effort to strike a balance needs to be made. Mr. Miller noted that the
County has not denied any petition for a Use Variance in which the
property clearly meets all of the criteria, but that the problem is that
too many properties being brought forth only marginally meet the
criteria. Mr. Miller commented that the Use Variation is a very specific
and narrow loophole.
Mrs. Allen commented that she feels that the County
should not punish those who want to be sure they can build on a piece of
property before they purchase it, but since they did not pay a premium
price, the County says "no." Mr. Miller responded that the issue is
whether the original property owner paid a premium price when they
bought it, not what the current purchaser is paying.
Mrs. Dubin commented that she is not concerned with
the solitary house here and there, but with how to stop the large
development and conserving farmland. She thinks that these small parcels
are not really addressing the bigger issue. Mr. Miller noted that his
reason for raising the Use Variation issue was to point out that this
regulation is an exception to the "40-acre rule". What he hoped to
accomplish with all of these questions was to bring forth changes to the
Zoning Ordinance that would help better enforce the Unified
Comprehensive Plan and make it a reality, and to highlight things, that
through practical use of the Zoning Ordinance, need to be tweaked.
Mr. MacMurdo commented that he feels that it should
remain; otherwise, people in this situation have no other recourse than
to go to court. He went on to note that all it would take is one
sympathetic judge to throw the whole process into disarray. Mr. Steimel
noted that he agrees with this argument.
Mr. Faivre commented that he agrees with Mr.
MacMurdo, but that he doesn’t feel that they go far enough. He gave as
an example the Stahl Use Variation request, which he noted he had to
vote to deny based on it not meeting criteria, however, he felt that
"common sense" and everything else about he situation made him feel that
the property would have been perfect for a house. He noted his vote was
only to maintain consistency with the County’s rules, and that he feels
that the regulation should be expanded to allow for situations such as
this, for the times when "common sense" tells you that it makes sense
for everything else.
Mr. Miller explained that it is an important point to
note: when the Board creates an exception to a rule, it opens the door
for uncertainty. He noted that the two extremes in this case: remove the
rule so anything goes; or remove the exception so its "black and white",
makes things simple and easy. The Use Variation proceed muddies this
situation. He noted that when the Estate and Rural Residential Districts
were eliminated, it was recognized that allowing these small parcels
should not have houses on them, because of the costs of providing
services to those houses, and the way in which these costs accumulate
over time. Mr. Faivre responded that although he agreed overall, this
was not the case with the Stahl property. He did not feel it would have
added any more costs, and the Board had no room to allow "common sense"
to come into the issue.
Mr. Miller explained that there is always a cost: if
the Board approves this one based on it being close to other houses,
then why not one on the next property and then the next, and so on. He
noted that what reason would the Board would have no reason to stop
anyone else from making the same argument, and that "common sense" is
far too subjective a criteria.
Mr. Steimel noted that this is a "grey area", and
asked whether there could be a sunset clause if they removed this rule.
Ms. Vary noted that a sunset clauses had already been given from 1991 to
1993, and Mr. Miller noted 1993 was when the Use Variation procedure was
put into place.
Mr. Miller pointed out that the question at hand was
whether or not this loophole should be closed; he was looking for some
direction from the Committee as to what to do next: are they fine with
the regulation and he should leave it in as is; should he remove it; or
if they are still thinking about it, should it be tabled for further
discussion at the next meeting.
Mr. Slack noted that Councilman John Gudmunson was in
the audience and asked him if he had any questions. Mr. Gudmunson asked
if Mrs. Mazion could sell the 12 acres she is to build a house on, and
rebuild again. Mr. Miller noted that property could not be legally split
the property without rezoning the property.
The Committee agreed that a decision as to whether or not
Use Variations should be eliminated would be tabled and taken up by the
Committee at its next meeting.
Mr. Miller then addressed the third item, 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, under the current language, a Variation could be
sought from the requirement that the County Board makes the decision on
a zone change. 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. He added that he has discussed this change with the Hearing
Officers, who agreed that it made sense.
Mr. Steimel commented that he agreed with Mr.
Miller’s arguments.
Mr. Faivre asked Mr. Miller who would be affected by
this change. Mr. Miller indicated that only one person would have been
affected.
The Committee moved to endorse the proposed change to
restrict Variations to issues related to "bulk regulations" only. This
endorsement was approved unanimously 8 to 0.
Mr. Miller then moved to address the question of
whether or not to eliminate "agricultural labor housing" from the A-1
District. 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 may be 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.
Mr. Lyle noted Illini Farms as an example of some
actual farm labor housing. Mr. Miller also noted that the Schelkopf
farms has farm labor housing, but that there aren’t many others. He went
to add that no one is coming to the County for approval for agricultural
labor housing, and that it is hard to regulate these uses.
Mr. Miller commented that if the Committee does not
feel that the rule should be removed, then he would propose that the
regulation be re-written to make agricultural labor housing an Interim
Special Use instead of a permitted use. This would allow the County to
better police and control such uses.
Mr. Steimel commented that many farmers are getting
away from farm labor housing because of the headaches of dealing with
them as tenants.
Mr. Miller noted that agricultural labor housing was
once a Special Use, but that the Vidmar case, which said that the County
could not regulate lot size. However, the County subsequently got the
law changed so that they could, which Mr. Miller felt puts them back
where they were.
Mr. Lyle asked whether the trailers currently being
used for farm labor housing would have to be removed if they ceased the
farm operation. Mr. Miller responded that the County would be limited in
what actions it could take to force removal of the trailers. He did note
that since the trailers were originally established with Special Uses,
then the County may be in a position to revoke that Special Use and have
them removed.
Mr. Lyle asked whether nurseries could have farm
labor housing. Mr. Miller responded that a nursery by itself does not
allow for any dwelling units, however, if the nursery was part of a farm
or at least 80 acres and a farmhouse, then it could potentially have
agricultural labor housing. But no such applications have been bought
forth to the County.
Mr. Lyle then asked what impact eliminating this rule
would have. Mr. Miller noted that it would mean that farm dwellings
would be limited to one house per 40 acres.
Ms. Vary asked where are most of the laborers
currently staying. Mr. Miller and Mr. Lyle both commented that many of
them are currently living in apartments within the towns.
The Committee moved to endorse changing agricultural
labor housing from a permitted use in the A-1, Agricultural District to an
Interim Special Use in the A-1 District. This endorsement was approved
unanimously 8 to 0.
Mr. Miller then moved to the question as to allowing
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, and 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. Steimel asked whether staff ever has trouble
identifying which is the front and the back yards. Mr. Miller responded
that sometimes when both frontages are the same size, but typically, the
facing of the house answers that question. He went on to point out that
the matter is whether the accessory structure is between the house and
the street, not the orientation of the house.
The Committee moved to endorse changing the regulations
to allow accessory structures on through lots, behind the house, but not
closer to the street than the required front yard setback. This endorsement
was approved unanimously 8 to 0.
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. Steimel commented that he felt the proposed
change makes sense.
Mr. Miller then commented that during last meetings
discussion of this question, the question was raised why require
anything at all. He noted that on further thought, he believed that it
allowed the County to have some control and oversight of what the
property owner is proposing to do. This would allow staff to require
documentation and assurances from the property owner noting that they
understand what they can and can not do, which puts the County in a
better position to address any concerns that may come up from neighbors.
Such documentation also prevents the property owner from claiming that
they were unaware of the rules and regulations governing their use.
Mr. Faivre commented on the vote taken at the last
County Board meeting changing the regulations so that anyone operating a
business without the required permits would be fined, in the form of
double fees on said permits. He noted that if an individual is operating
a home office, then found out later that they were supposed to get a
permit to do so, under the current rules, they are to cease operation
immediately. Mr. Miller noted that staff’s current policy towards
already operating businesses is that once they have been advised of the
need for permits, as long as the business is actively taking steps to
make an application for the appropriate permits or variations, they can
continue to operate. Mr. Faivre pointed out this was Mr. Miller’s
interpretation of the rules and that a future Planning Director might
not feel this way and follow a more strict interpretation of the rules.
Mr. Miller responded that the in office policy is a matter of record;
additionally, the County Board has oversight over the Planning Director,
which would allow them to either inform him that their interpretation is
too stringent or to direct him to change the regulation.
Mr. Steimel commented that the activity would be in
the residence, unlike the issue last month, where Mr. Larson operated
his business out of a separate building. Mr. Steimel asked whether this
change would apply to that situation. Mr. Miller responded that one of
the changes he has proposed to the Zoning ordinance was to allow home
occupations in accessory buildings.
Ms. Vary asked how does staff find out about home
occupations that only require telephone connections. Mr. Miller noted
that typically staff either receives a complaint or the property owner
calls to inquire about it. Mr. Steimel asked how staff originally found
out about Mr. Larson’s business. Mr. Miller informed him that neighbors
had called in complaining about a number of commercial vehicles on his
property.
Mr. Lyle commented that he didn’t see why people
couldn’t do it, when there aren’t any delivery trucks and anything
obvious going on.
Mrs. Dubin commented that with the new economy, many
individuals are being forced to utilize their homes as their business
locations to save rental costs, and that most didn’t realize that
anything was required before starting their business.
Mrs. Allen commented that the only way the County
would know is if people are honest and call in. Mr. Miller added that
complaints would also make staff aware of these businesses.
Mr. Miller reiterated that what the change was
recommending was that if a home business does not receive deliveries, if
all they are doing is taking phone calls or doing computer work, and has
no employees, then it is permitted. If they want to provide a service
(such as a beauty parlor) or if it involves keeping stock or increased
traffic, then it requires a Special Use. If it doesn’t involve any of
these things, then staff could say that it is a permitted use, ask that
they submit a letter stating: what they are doing; the address of the
property; and their name. Staff could then issue a zoning permit.
Mr. Faivre asked there would be a fee associated with
this zoning permit. Mr. Miller did not feel that it wouldn’t require a
fee.
The Committee moved to endorse the proposed change to
allow as a permitted use, Home Offices, which would allow a property owner
to conduct a home business limited to activities such as phone calls,
paperwork, and accounting, but would require that the property owner obtain
a zoning permit, at no fee, from the Planning Department. This endorsement
was approved unanimously 8 to 0.
Finally, it was agreed that the Committee would
continue its discussions on these and other possible changes to the
Zoning Ordinance at its next meeting.
ADJOURNMENT -- Ms. Vary moved that the meeting
adjourn, seconded by Mrs. Allen, and the motion carried unanimously.
Respectfully submitted,
_______________________________________
Roger Steimel, Chairman
Planning and Regulations Committee Chairman
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