Kendall County Zoning Board of Appeals met April 2.
Here is the minutes provided by the Board:
Call To Order:
Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:01 p.m.
Roll Call:
Members Present: Scott Cherry, Karen Clementi, Tom LeCuyer, Randy Mohr, Dick Thompson, and One Vacancy
Members Absent: Dick Whitfield
Staff Present: Matthew Asselmeier, AICP, Senior Planner
Public: Robert Davidson, Dan Kramer, Barry Niles, Nick Porter, Russ Ginn, Steven Huey, and Jason Engberg
Minutes:
Ms. Clementi, seconded by Mr. Cherry, moved to approve the January 29, 2018, meeting minutes. With a voice vote of all ayes, the motion was approved.
Petitions:
At this time Chairman Mohr swore in those members of the public that wished to speak on the petitions.
The Zoning Board of Appeals started their review of Petition 18-05 at 7:02 p.m.
18 – 05 – Keith and Kathleen Warpinski
Request: Map Amendment Rezoning Subject Property from A-1 to R-1
Pin: 05-21-400-011
Location: North Side of Walker Road Approximately 0.31 miles east of Route 47, Kendall Township
Purpose: Petitioner would like the Ability to Construct a Single-Family Home on the Property.
Mr. Asselmeier summarized the request. The Petitioners desire a map amendment in order to be able to construct a house on the property.
ZPAC reviewed the proposal on March 6th and unanimously recommended approval.
The Kendall Township Planning Commission and Kendall Township Board reviewed the proposal in February and recommended denial. Kendall Township will not be submitting a formal objection.
The United City of Yorkville’s Planning and Zoning Commission met on March 14th and recommended approval. The United City of Yorkville’s City Council met on March 27th and did not have any objections.
The Kendall County Regional Planning Commission reviewed this proposal on March 28th and unanimously recommended approval.
Mr. Asselmeier noted that the certificate of publication and green cards were on file in the Planning, Building and Zoning Department Office.
Mr. LeCuyer made a motion, seconded by Mr. Cherry, to open the public hearing. With a voice vote of all ayes, the motion carried. Chairman Mohr opened the public hearing at 7:07 p.m. Dan Kramer, attorney for the Petitioners, agreed with the information contained in the Staff Report.
Mr. Kramer noted that the Petitioners planted trees on the northern portion of the property. A one hundred (100) year flood mark is located south of the trees. Mr. Kramer stated that an easement would be placed on the property noting the location of future trails along the northern and southern portions of the property. A new house would have no difficulty meeting the setback requirements and avoiding the pipeline on the property. Mr. Kramer stated that the Kendall Township Planning Commission met on this proposal; this was the first time that the Kendall Township Planning Commission had met in several years. The opinion of the Kendall Township Planning Commission was they did not want additional houses in the area.
Mr. Cherry asked if the Petitioners intended to build a house at the site for themselves. Mr. Kramer responded that the Petitioners already owned a house and they are trying to sell the property. Mr. Cherry asked if the property would be worth more money if it was rezoned. Mr. Kramer responded that the property would be worth more money and would be usable for residential instead of agricultural uses.
Mr. Davidson asked how all of the neighboring houses were constructed and property was divided after providing a history of the property owners in the area. Mr. Kramer explained that all of the nearby properties are zoned A-1; the subject property is the only property to ask for a map amendment to R-1.
Mr. Kramer explained the evolution of the forty (40) acre rule. Mr. Asselmeier explained the Plat Act exemptions that allow for five (5) acre divisions of land and the transferring of land between adjoining property owners without going through the subdivision process. The parcel immediately west of the subject property is a flag lot with the wide portion located on the Walker Road side of the property. The flag lot could not be built upon without a map amendment. Mr. Davidson expressed concerns that, by rezoning the subject property, the adjoining properties could also be rezoned. The lots surrounding the subject property could not be divided easily without a subdivision.
Chairman Mohr asked why the Petitioners chose the map amendment request instead of an A-1 Building Permit request. Mr. Kramer responded that the notification and publication requirements for a map amendment were stricter than the notification requirements for an A-1 Building Permit. Mr. Kramer also noted that the County Board favored a map amendment over an A-1 Building Permit in a similar case in 2017. Mr. Asselmeier also noted that people could use the five (5) acre and transferring property to adjoining owners exemptions in the Plat Act to get around the forty (40) acre rule. Mr. Asselmeier stated that Staff recommends rezoning for the surrounding parcels to R-1 to comply with the Land Resource Management Plan.
Mr. Davidson expressed a desire to have uniformity of zoning in area when a municipality annexes land in the area.
Chairman Mohr adjourned the public hearing on this matter at 7:23 p.m.
Mr. Davidson expressed concerns about the creation flag lots in the area.
Ms. Clementi made a motion, seconded by Mr. LeCuyer, to approve the Finding of Fact as presented.
The votes were as follows:
Ayes (5): Cherry, Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (1): Whitfield
The motion passed.
Mr. LeCuyer, seconded by Mr. Thompson, made a motion to recommend approval of the map amendment as proposed.
The votes were as follows:
Ayes (5): Cherry, Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (1): Whitfield
The motion passed. Kendall Township will be notified of the Board’s recommendation. This matter will go to the Kendall County Planning, Building and Zoning Committee on April 9th.
The Zoning Board of Appeals concluded review of Petition 18-05 at 7:24 p.m.
Petition 18-07
Petition 18-07 was referred to the Planning, Building and Zoning Committee by the Kendall County Regional Planning Commission.
The Zoning Board of Appeals started their review of Petition 18-08 at 7:28 p.m.
18 – 08 – Helmar Lutheran Church
Request: Variance Request from Section 7.01.G.2.a of the Kendall County Zoning Ordinance Reducing the Rear Yard Setback from 50 Feet to 30 Feet at the Subject Property; Property is Zoned A-1
Pin: 05-31-300-002
Location: 11951 Lisbon Road, Newark, Kendall Township
Purpose: Requested Variance to Allow Construction of an Attached Garage.
Mr. Asselmeier summarized the request.
Helmar Lutheran Church is requesting a variance in order to construct an attached garage thirty feet (30’) from the eastern property line of their property. The existing garage and breezeway will be removed.
Staff recommended approval of the proposal with the conditions that the Petitioner develop the site in accordance with the submitted site plan and that the Petitioner secure all applicable permits prior to the construction and use of the proposed attached garage.
Mr. Asselmeier noted that the certificate of publication and green cards were on file in the Planning, Building and Zoning Department Office.
Chairman Mohr asked about the septic system. Mr. Davidson stated that the septic needs to be relocated and is currently under review by the Health Department. The septic tank is only for the house.
Mr. Thompson made a motion, seconded by Mr. Cherry, to open the public hearing. With a voice vote of all ayes, the motion carried. Chairman Mohr opened the public hearing at 7:34 p.m.
Barry Niles, representing the Petitioner, stated that the house was built in the 1951. The existing garage is inadequate for today’s vehicle sizes. If the garage is constructed as proposed, the garage would be located approximately thirty-two feet (32’) from the property line. The Petitioner is working with the property owner to the east to formal convey land on the north and east side of the Petitioner’s property. The Petitioner’s leased the property from the adjoining property owner for fifty (50) years and they are working with the neighbor to resolve the matter. If the variance is granted and the land is not conveyed, the Petitioner would either need to secure another variance or they would be unable to build the garage as proposed.
Mr. Davidson asked when the land would be deeded to the Petitioner. Mr. Niles responded within the next two to three (2-3) weeks.
Chairman Mohr adjourned the public hearing on this matter at 7:40 p.m.
Mr. LeCuyer made a motion, seconded by Mr. Cherry, to approve the Finding of Fact as presented.
The votes were as follows:
Ayes (5): Cherry, Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (1): Whitfield
The motion passed.
Ms. Clementi, seconded by Mr. Thompson, made a motion to approve the variance as requested.
The votes were as follows:
Ayes (5): Cherry, Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (1): Whitfield
The motion passed. Kendall Township will be notified of the Board’s decision.
The Zoning Board of Appeals concluded review of Petition 18-08 at 7:41 p.m.
The Zoning Board of Appeals started their review of Petition 18-10 at 7:42 p.m.
18-10 – LaSalle National Trust #47016 Represented by Drew Daniels
Request: Variance Request from Section 4.19.2.b of the Kendall County Zoning Ordinance Reducing the Distance Requirement from 1000 Feet to 318 Feet Between An Occupied Principal Structure and a Temporary Concrete Ready-Mix or Asphalt Plant; Property is Zoned A-1
Pins: 02-30-200-023, 02-19-400-009, and 02-19-400-010
Location: 11443 U.S. Route 34, Yorkville, Kendall Township
Purpose: Request to Allow Polte Construction Inc. to Operate a Temporary Concrete Plant at the Subject Property, Pending Approval of a Temporary Use Permit by the Kendall County Planning, Building and Zoning Committee, 318 Feet from the Nearest Occupied Principal Structure for Work Associated with the U.S. 34 Widening Project.
Mr. Asselmeier summarized the request.
The LaSalle National Trust #47016 owns three (3) parcels of the property on the north side of U.S. Route 34 across the street from the Fox Hill Subdivision. Plote Construction Company was awarded the Illinois Department of Transportation, U.S. Route 34 Reconstruction and Widening Project. Plote Construction Company desires to use a portion of the property owned by the LaSalle National Trust #47016 for an onsite concrete plant. At its closest point, the proposed facility will be three hundred eighteen feet (318’) from the nearest occupied principal structure.
In addition to the requested variance, the proposal also requires a temporary use permit from the Kendall County Planning, Building and Zoning Committee.
Staff recommended approval of the requested variance subject to the following conditions:
1. The site shall be developed in accordance with the attached site plan.
2. The Petitioner shall resolve all outstanding alleged Zoning Ordinance violations prior to the commencement of operations.
3. The Petitioner shall secure all applicable permits prior to the construction and use of the proposed plant.
4. The Petitioner shall comply with any restrictions or conditions imposed as part of the temporary use permit.
5. The variance allowed by this Variance Ordinance shall expire at the same time as the temporary use permit expires.
Bristol Township has not submitted comments on the proposal.
The United City of Yorkville expressed no opposition to the proposal.
Mr. Asselmeier noted that the certificate of publication and green cards were on file in the Planning, Building and Zoning Department Office.
Ms. Clementi asked if the three point five foot (3.5’) barrier wall had any noise protection. Mr. Asselmeier responded that the small barrier wall will not have much noise protection. The barrier wall on the south side of U.S. Route 34 will not be constructed until November. Ms. Clementi asked about the decibel level of the concrete crushing operations. Mr. Asselmeier did not have any information on the noise level of the proposed operation.
Chairman Mohr asked if the one thousand foot (1,000’) setback was something the County created or if it is an industry practice. Mr. Asselmeier responded that he was unaware of how that distance was calculated.
Mr. Davidson discussed a concrete plant operation for work related to Route 47 that occurred in the 1990s. He had not objections to the proposal.
Ms. Clementi made a motion, seconded by Mr. Cherry, to open the public hearing. With a voice vote of all ayes, the motion carried. Chairman Mohr opened the public hearing at 7:58 p.m.
Steve Huey, 1519 Cottonwood Trail, Yorkville, lives south of the subject property. He requested clarification on where the three hundred eighteen feet (318’) would be measured. Mr. Huey would like the variance be denied because he believes that Plote Construction Company has plenty of room to the north side of the property. Mr. Huey expressed concerns about the noise level. He would like the noise wall be at least fifteen feet (15’) in height. Mr. Huey has lived in the area since the mid-1990s. The wall is not under the jurisdiction of Kendall County. Mr. Huey showed Ms. Clementi the location of his house on the aerial. Mr. Huey discussed the removal of several trees, bushes, and subdivision signs. The houses at 11443 U.S. Route 34 had asbestos. The three hundred eighteen feet (318’) distance is to the batch plant. The stockpile is closer than three hundred eighteen feet (318’).
Nick Porter, representing Plote Construction Company, stated his desire to have the plant close to the construction site. They are trying to lessen the footprint of the trucking routes. He hopes to get the project completed faster by having the plant at this location and the concrete will be a better product.
If the variance is not awarded, Plote Construction Company would have to crush the concrete inside the work zone. They will start construction of the noise wall as soon as possible. Dust will be monitored closely by OSHA.
Mr. Davidson asked if a temporary turn lane would be installed on U.S. Route 34. Mr. Porter stated that no way exists to widen the existing turn lane. They will have proper signage and flaggers. No staging of trucks on U.S. Route 34 will occur.
Mr. Porter said that the project is from Center Road to Eldamain Road.
Mr. Porter said that they will try to push the plant further north.
Chairman Mohr asked about mud going onto U.S. Route 34. Mr. Porter said that Plote Construction
Company will spread the site with asphalt grindings to prevent dirt from going onto U.S. Route 34.
Mr. Porter said that the Petitioner’s intent is to turn the land into corn field after the construction project is completed. Plote Construction Company is not demolishing the structures; the property owner is responsible for the removal of those structures.
Mr. Porter stated that Plote Construction Company has the specs for the concrete crusher, but the specs do not have the noise ratings. Mr. Porter stated that the concrete would be stockpiled on the northeast corner of the property. The concrete plant would not be installed until August.
Chairman Mohr expressed concerns about the hours of operation of Monday-Friday from 7:00 a.m. until 5:30 p.m. Chairman Mohr believed that 7:00 a.m. was too early to start crushing. The consensus of the Board was that traffic congestion already exists.
Russ Ginn, Plote Construction Company, stated that the crusher will be on the north end of the property and additional construction noise will exist onsite. Neighbors will not be able to distinguish the crusher from other construction noise. Mr. Ginn explained dust control on other projects around O’Hare Airport. He noted that noise walls reflect sound; the north side of U.S. Route 34 will be noisier than the south side of U.S. Route 34. The project has an EPA permit.
Mr. Porter noted that lane closures should not be needed after the installation of temporary pavement. If the variance is denied, Plote Construction Company would crush in the right-of-way which would be closer to the nearby houses.
Jason Engberg, Senior Planner, United City of Yorkville, said that the Yorkville Economic Development Committee, Planning and Zoning Commission, and City Council reviewed the proposal and expressed no objection to the proposal. The United City of Yorkville favored the variance because the crushing operations would be further away from homes and because the existing structures on the site would be demolished. Mr. Engberg indicated that the United City of Yorkville might get to pick the color of the sound wall.
Chairman Mohr adjourned the public hearing on this matter at 8:25 p.m.
Mr. LeCuyer made a motion, seconded by Mr. Cherry, to approve the Finding of Fact as presented.
The votes were as follows:
Ayes (5): Cherry, Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (1): Whitfield
The motion passed.
Mr. Cherry requested that top soil be hauled onto the property to return the property to an agricultural use.
Ms. Clementi suggested a condition limiting concrete crushing until after 8:30 a.m. until the noise wall is construction. Discussion occurred about the employment costs of implementing this requirement. This restriction was not added to the variance.
Mr. Thompson, seconded by Mr. LeCuyer, made a motion to approve the variance as requested with conditions recommended by Staff and with the requirement that between six inches (6”) and twelve inches (12”) of top soil be hauled onto the concrete crushing area upon conclusion of operations.
The votes were as follows:
Ayes (5): Cherry, Clementi, LeCuyer, Mohr, and Thompson
Nays (0): None
Absent (1): Whitfield
The motion passed. Bristol Township will be notified of the Board’s decision. The temporary use permit request will go the Planning, Building and Zoning Committee on April 9th.
The Zoning Board of Appeals concluded review of Petition 18-10 at 8:35 p.m.
New Business/Old Business:
Selection of Acting Chairman
Without objection, Ms. Clementi was selected as Acting Chairman.
Selection of Secretary
Without objection, Mr. Asselmeier was selected as Secretary.
Update on Proposed Changes to Future Land Use Map for Land Along Route 47 in Lisbon Township
Mr. Asselmeier provided an update on the proposed changes to the Future Land Use Map in this area and that the protection for the Prairie Parkway centerline was removed by the Illinois Department of Transportation. At last meeting of the Comprehensive Land Plan and Ordinance Committee, a mixed use business area was added west of the intersection of Routes 47 and 52 and would curve southwest towards the Village of Lisbon. This mixed use business area is already on the future land use map of the Village of Lisbon. Several property owners voiced their opposition to changing the future land use map in Lisbon Township when the Comprehensive Land Plan and Ordinance Committee met in Plattville in February.
Review Of Petitions That Went To The County Board:
Mr. Asselmeier reported that Petition 17-33 transferring certain powers and duties from the Hearing Officer to the Zoning Board of Appeals passed at the County Board. Due to the passing of the text amendment, at the next Zoning Board of Appeals meeting, there will be nominations for amendments to the Board’s bylaws.
Mr. Asselmeier reported that Petition 17-29 regarding the notification requirements for special use permits in the A-1 District was reviewed by the Committee of the Whole and sent back to the Planning, Building and Zoning Committee for additional review.
Public Comment:
None
Mr. Asselmeier reported a variance request in Boulder Hill will be coming before the Board on April 30th.
Mr. Asselmeier reported a variance request in Boulder Hill will be coming before the Board on April 30th. A proposed change to the duties of ZPAC and the Kendall County Regional Planning Commission will be on the agenda. A proposed text amendment related to solar panel regulations will also potentially come before the Board on April 30th.
Adjournment Of The Zoning Board Of Appeals:
Mr. Cherry, seconded by Ms. Clementi made a motion to adjourn. By voice vote of all ayes, the motion passed unanimously. The Zoning Board of Appeals meeting adjourned at 8:50 p.m.
https://www.co.kendall.il.us/wp-content/uploads/Kendall-ZBA-Minutes-4-2-18-Approved-Complete.pdf
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