DeKalb County, Illinois
	Minutes of the Planning & Regulations Committee September 24,2001

The Planning and Regulations Committee of the DeKalb County Board met on October 24, 2001 at 7:30 p.m. in the DeKalb County Administration Building, Conference Room East. In attendance were Committee Members Roger Steimel, Marlene Allen, James Barr, Howard Lyle, Clifford Simonson, Thomas Smith and Robert Hutcheson, and County staff Paul Miller and Marcellus Anderson. Audience members included Greg Milburg, Richard Schmack, Mr. & Mrs. Sukboriboon, and Don Billington and James Slater with Genoa-Kingston School District.

Mr. Miller explained to the Committee the petition for a Use Variation for two vacant parcels, 0.66 and 1.76 acres in size, located on the west side of Clapsaddle Road in Shabbona Township. The petition is to allow for the construction of one single-family detached dwelling on two agriculturally-zoned lots of record totaling less than 40 acres in size.

He explained that a public hearing was held on September 20, 2001 with Hearing Officer Dave Dockus. The petitioners testified that the lots were two of 14 purchased for a total of $20,000. Three houses have been built on some of the properties purchased, while others are too small to be buildable. They assert that a financial hardship would occur is they were unable to sell the two subject properties as a site where a house may be built. There is a public road through the northern of the two properties and testimony was given by the County Engineer that the statutory width of the road is 40 feet. It was confirmed that a house could be constructed south of the road and still meet the 50 foot setback from the 40-foot-wide road. One member of the public spoke in favor of the petition, and one spoke in opposition.

The Hearing Officer recommended approval of the Use Variance. The Committee was requested to forward an ordinance for approval to the full County Board, and may recommend approval, conditional approval or denial of the proposal.

Mr. Steimel asked who opposed the request at the hearing? Mr. Miller answered that Pat McCormick, mayor of Shabbona, opposed the proposal stating that farmers apply chemicals to nearby fields, that the site had been used for farming in the past, and that the County should adhere to its minimum 40-acre rule for new houses.

Mr. Simonson asked why the petitioner stated that the cost originally paid for the parcels was a hardship. He opined that the cost was not a hardship for that time for farm land. He added that there have been 3 houses constructed on the property and that is a profit making goal. So he did not understand the financial hardship. He stated that he opposed this petition.

 

Mr. Miller stated that Genoa-Kingston Community Unit School District #424 filed an application for a Zoning Map Amendment, Special Use Permit and Variations to accommodate the construction of a proposed high school. The subject 60-acre property is located on State Rte. 72, immediately east of the entrance road to the Russell Woods Forest Preserve, in Kingston Township. The northern 36 acres of the property is zoned A-1, Agricultural District, while the southern 24 acres is zoned R-1, Residential District with a Special Use Permit for a school bus storage facility. The request is to rezone the entire property to the R-1 District with a Special Use Permit for the proposed high school. The applicant also requested Variations to waive the requirements that curbing be installed within and around the proposed parking area, and to waive such requirements of a minimum ten square feet of interior landscaping area for each parking space. Mr. Miller added that a Site Development Permit has been issued and excavating has begun.

 

A public hearing regarding the zoning change, Special Use Permit and requested Variations was held on October 4, 2001 by Hearing Officer, Ron Klein. Mr. Klein granted the requested Variations. He also recommended approval of the Zoning Map Amendment and the Special Use Permit with a number of conditions related to finalizing details of the project. The Planning and Regulations Committee was requested to forward a recommendation on the Zoning Map Amendment and Special Use Permit to the full County Board. Mr. Miller added that by the time the County Board is ready to take action on the rezoning and Special Use Permit, there should be substantial resolution on the issues of access to the site, with agreements from the Forest Preserve District and the Illinois Department of Transportation.

 

Mr. Miller said that the School District is also requesting waiver of the $525 application fee for the Zoning Map Amendment, Special Use Permit and Variations public hearing. Staff noted that it has been the policy of the Planning and Regulations Committee to waive the application fee for other units of government. Waiver may be granted by vote of the Committee.

 

Mr. Miller said that he had spoken with Tom Weber, Supt. of Schools and will continue to coordinate with Dr. Weber’s office during this ongoing project.

 

Mr. Steimel asked if he understood that the athletic fields would not be lighted? Mr. Miller answered that the football field will, but the other fields will not be. Mr. Steimel asked about the stormwater detention? Mr. Miller answered that the stormwater management plan has been reviewed by the County Engineer and approved. Mr. Simonson stated that all objections have been addressed to everyone’s satisfaction at the Forest Preserve Committee.

Mr. Steimel moved to waive the zoning application fee, seconded by Mr. Smith, and the motion carried unanimously.

Mr. Miller reported that the Planning and Zoning Department has filed a petition for an Amendment to the text of the County Zoning Ordinance, which lists the Special Land Uses and Developments permitted in the A-1 Agricultural District. He explained that the proposed revision would add a new Special Use category to permit retail and service uses in existing agricultural buildings. The application has been submitted. A public hearing on the proposed amendment was held on October 4, 2001 by Hearing Officer Ron Klein. The Hearing Officer has recommended approval of the proposed Amendment. The Planning and Regulations Committee is requested to consider the change to improve the regulations regarding nonconformities and forward a recommendation to the full County Board.

 

Mr. Miller reminded the Committee that a meeting has been scheduled for October 30, 2001 for discussion on the proposed Regional Planning Commission. The mayors plus one other person from each of the municipality in DeKalb County have been invited, as have all of the County Board members. He encouraged members of the Committee to attend the meeting.

 

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