Kendall County Zoning Board of Appeals met June 27.
Here are the minutes provided by the board:
CALL TO ORDER
Chairman Randy Mohr called the Zoning Board of Appeals meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Scott Cherry, Tom LeCuyer, Randy Mohr, Dick Thompson, and Dick Whitfield
Members Absent: Cliff Fox
Staff Present: Matthew Asselmeier, AICP, CFM, Senior Planner
Others Present: Judd Lofchie, Joe Antoniolli, and Kevin Kunkel
Chairman Mohr announced that Petition 22-13 will be moved to ahead of Petition 22-12 on the agenda.
MINUTES:
Member LeCuyer made a motion, seconded by Member Whitfield, to approve the minutes of the May 31, 2022, hearing/meeting.
With a voice vote of five (5) ayes, the motion carried.
PETITIONS
Chairman Mohr swore in Judd Lofchie, Joe Antoniolli, and Kevin Kunkel
The Zoning Board of Appeals started their review of Petition 22-01 at 7:01 p.m.
Petition 22 – 01 – Jose and Silvia Martinez
Request: Special Use Permit for a Landscaping Business, Variance to Section 7:01.D.30.b to Allow a Landscaping Business on a Non-State, County, or Collector Highway as Defined by the Kendall County Land Resource Management Plan, and Variance to Section 11:02.F.7.b of the Kendall County Zoning Ordinance to Allow a Driveway Zero Feet from the Southern Property Line
PINs: 03-12-100-004 and 03-12-100-013
Location: 1038 Harvey Road, Oswego Township
Purpose: Petitioner Wants to Operate a Landscaping Business at the Subject Property; Property is Zoned A-1
Mr. Asselmeier summarized the request.
In 2018, the Planning, Building and Zoning Department started investigating a landscaping business operating at the subject property without a special use permit. On February 23, 2021, the court imposed a fine of Thirty-Two Thousand, Eight Hundred Dollars ($32,800) against the Petitioners for operating a landscaping business without a special use permit, installing the southern driveway without a permit, Junk and Debris Ordinance violations, and related court costs. The discovery of assets portion of the case has been continued with the hope that the Petitioners will apply for the applicable special use permit and variance.
The Petitioners purchased the property in 2018.
On December 9, 2021, the Petitioner submitted the necessary application for a special use permit for a landscaping business, a variance to allow a landscaping business on a non-State, County or Collector roadway as defined by the Kendall County Land Resource Management Plan, and a variance to allow the southern driveway to be within five feet (5’) of the side yard property line.
The application materials, survey of the property, original landscaping plan, NRI Report, and aerial of the property were provided.
Since the original application was submitted, the Petitioners worked with the Village of Oswego and the Kendall County Regional Planning Commission to address access issues. Documents related to these matters were provided. The Petitioners submitted a revised landscaping plan on June 8, 2022. Based on comments from the Village of Oswego, the Petitioners again revised their landscaping plan on June 22, 2022. The Village of Oswego verbally supported the layout of the access point, pending payment of fees and deposits.
The property is located at 1038 Harvey Road.
The property is approximately three (3) acres.
The existing land use is Single-Family Residential.
The Future Land Use Map calls for the area to be Suburban Residential (Max 1.0 DU/Acre). Oswego’s Future Land Use Map calls for the area to be Industrial.
Harvey Road is classified as a Collector by the Village of Oswego in this area and is not classified as such in the Land Resource Management Plan.
There are no trails planned in the area.
There are no floodplains or wetlands on the property.
The adjacent land uses are Comed Right-of-Way, Industrial, Stormwater Pond, and Single-Family Residential.
The adjacent properties are zoned R-2, M-1, and M-2 by the Village of Oswego.
Oswego’s Future Land Use Map calls for the area to be Agricultural, Single-Family Residential, and Light Industrial.
The zoning districts within one half (1/2) mile are A-1, A-1 SU, R-1, R-3, B-3, B-3 SU, and M-1 in the County and R-1, R-2, R-4, B-3, M-1, and M-2 inside the Village of Oswego.
Oswego East High School is located within one half (1/2) mile of the property.
The A-1 special use permits to the north are for a landscaping business and a cemetery. The B-3 special use permit to the east is for a watchman’s quarters.
EcoCAT Report was submitted on December 9, 2021, and consultation was terminated.
The LESA Score was 124 indicating a low level of protection. The NRI Report was provided.
Petition information was sent to Oswego Township on December 22, 2021. To date, no comments have been received.
Petition information was sent to the Village of Oswego on December 22, 2021. The Village of Oswego submitted an email requesting the southern driveway be moved at least five feet (5’) north of the southern property line. The email was provided. As noted previously, the Petitioners worked with the Village of Oswego to address access issues.
On June 8, 2022, the Petitioners’ Attorney submitted a revised landscaping plan to the Village of Oswego. The differences between the new landscaping plan and the previously submitted landscaping plan were as follows:
1. The southern gravel driveway is shown to line up with the road across the street.
2. The southern gravel driveway is shown as five feet (5’) from the southern property line.
3. The southern gravel driveway is shown as ten feet (10’) in width instead of twenty feet (20’) in width.
4. The six foot by five foot (6’X5’) dumpster is not shown next to the frame shed.
5. The landscaping around the southern driveway entrance has been altered to reflect the new driveway location. Also, the number of mission arborvitae has increased from eleven (11) to (12).
On June 13, 2022, the Village of Oswego sent an email to the Petitioner outlining the defects of the plan. The defects are as follows:
1. A base course is needed.
2. Flare does not meet minimum dimensions.
3. Driveway should be twenty feet (20’) wide.
This email was provided.
Petition information was sent to the Oswego Fire Protection District on December 22, 2021. To date, no comments were received.
ZPAC reviewed the proposal on January 4, 2022. The Petitioners’ Attorney requested the start date for the business to be changed from April 1st to March 1st of each year. Discussion occurred regarding annexing the property into the Village of Oswego; the Petitioners’ Attorney did not know why the Petitioners had not pursued annexation. The Petitioners’ Attorney reiterated that no members of the public would be invited onto the property and no retail sales of landscaping materials would occur. Discussion occurred regarding the reasons why the Petitioner had not applied for proper zoning despite citation and court action. The Petitioners’ Attorney indicated the Petitioners were agreeable to the proposed conditions provided the start date was moved to March 1st. ZPAC recommended approval of the special use permit with the conditions proposed by Staff with an amendment to move the start of the operating season to March 1st by a vote of five (5) in favor and two (2) in opposition with three (3) members absent. The minutes of the meeting were provided.
The Kendall County Regional Planning Commission did not have quorum for their meeting on January 26, 2022. The minutes of this meeting were provided.
At their meeting on February 23, 2022, the Commission voted to layover this proposal until issues related to the access permit for the southern driveway were resolved with the Village of Oswego by a vote of eight (8) in favor and zero (0) in opposition with one (1) member absent. The minutes of this meeting were provided.
The Petitioners did not attend the March 23, 2022, Kendall County Regional Planning Commission meeting and the proposal remained tabled. The minutes of the March 23, 2022 meeting were provided.
At the April Kendall County Regional Planning Commission meeting, the Petitioners requested that the hours of operation be changed to daily from 6:00 a.m. until 8:00 p.m. and that the business be allowed to operate year-round. Condition 18 has been amended to reflect this change. The Commission also told the Petitioners to submit an access permit application with a revised site plan to the Village of Oswego by May 18, 2022, in order for this topic to be placed on the May 25, 2022, Commission agenda. The minutes this meeting were provided.
Prior to the May Kendall County Regional Planning Commission meeting, the Petitioners’ Attorney submitted an email requesting the proposal be continued as the Petitioners continued to work with the Village of Oswego regarding the access permit. The minutes of the May Regional Planning Commission were provided.
At their meeting on June 22, 2022, Commissioners reviewed the updated landscaping plan. The Kendall County Regional Planning Commission recommended approval of the special use permit with the condition that the Village of Oswego sign-off on the landscaping/site plan by a vote of seven (7) in favor and zero (0) in opposition with two (2) members absent. The minutes of this meeting were provided.
The Kendall County Zoning Board of Appeals started a public hearing on this proposal on January 31, 2022. The hearing was continued to February 28, 2022. The hearing was continued again until the driveway access permit issues were resolved. The minutes of the January 31, 2022, meeting were provided and the minutes of the February 28, 2022, meeting were provided. Due to the Petitioners’ lack of attendance at the March 23, 2022, Kendall County Regional Planning Commission meeting, the hearing was continued at the March 28, 2022, Kendall County Zoning Board of Appeals hearing. The minutes of this hearing were provided. The Kendall County Zoning Board of Appeals continued this Petition at their hearing on May 2, 2022. The minutes of this hearing were provided. The hearing was continued again at the May 31, 2022, Kendall County Zoning Board of Appeal hearing. The minutes of the May 31, 2022, Zoning Board of Appeals hearing were provided.
On April 11, 2022, the Kendall County Planning, Building and Zoning Committee met to discuss issuing new, additional citations at the property. The consensus of the Committee was to not have the Department issue new citations related to the operation of the landscaping business or the placement of the driveway. The Petitioners were given ten (10) days to clean up and organize the property. Updated photos were provided at the April 27, 2022, meeting.
The Kendall County Planning, Building and Zoning Committee met on May 9, 2022, and voted to issue citations for the installation of the driveway without a permit. The Committee voted not to issue a citation for operating a landscaping business without a special use permit. The Petitioners’ court date for the illegal driveway installation is July 6, 2022.
Per Section 7:01.D.30 of the Kendall County Zoning Ordinance, landscaping businesses can be special uses on A-1 zoned property subject to the following conditions:
1. All vehicles, equipment and materials associated with a landscaping business shall be stored entirely within an enclosed structure, unless otherwise permitted under the terms of this Special Use Permit.
2. The business shall be located on, and have direct access to, a State, County or Collector Highway as identified in the County’s LRMP, having an all-weather surface, designed to accommodate loads of at least 73,280 lbs, unless otherwise approved in writing by the agency having jurisdiction over said Highway. Such approvals shall establish limitations as to the number of employees and types of vehicles coming to and from the site that are engaged in the operation of the use (including delivery vehicles). These restrictions shall be included as controlling conditions of the Special Use.
3. No landscape waste generated off the property can be burned on this site.
If the County Board approves the outdoor storage of materials and the variance to the requirement to be located on a State, County or Collector Highway, the above conditions have been met.
The Petitioners would like the business to be open from 6:00 a.m. until 8:00 p.m. everyday throughout the year. According to the business plan, the business has four (4) employees. Employees arrive at the property at approximately 6:30 a.m., go to work sites, and return to the property and leave to go home by around 7:00 p.m. Business equipment presently consists of three (3) trucks.
The landscaping business area on the southeast corner of the site will be of gravel and will be approximately thirteen thousand, two hundred fifty (13,250) square feet in size. If there is a motor vehicle or equipment related leak, the area impacted gravel will be removed and replaced with clean gravel.
One (1) one (1) story, approximately two thousand nine hundred (2,900) square foot house, constructed in 1955 with a two (2) story garage is located on the property. There is also one (1) approximately two hundred forty-five (245) square foot shed frame structure on the property near the landscaping storage area. There is also one (1) chicken coop and one (1) additional shed on the northeast corner of the property not associated with the landscaping business. The picture of the house was provided.
After the February 23, 2022, Kendall County Regional Planning Commission meeting, the Petitioners moved the chicken coop and other outbuilding on the north side of the property out of the side yard setback. The Petitioners also applied for and received a deck permit.
According to the most recent landscaping plan, the Petitioners plan to install open storage areas, one (1) for grass and brush clippings at twenty feet wide by approximately one hundred twenty feet in depth (20’ X 120’), one (1) for mulch, and one (1) for sand. There would also be storage areas for brick pallets. No information was provided on the dimensions for the storage areas for mulch, sand, and brick pallets north of the existing frame shed. There would also be four (4) truck storage areas measured at fifteen feet wide by twenty-eight feet in depth (15’ X 28’). There would also be one (1) mulch storage area south of the frame shed. This area would be twelve feet by twenty feet (12’X20’) and would be a maximum three feet (3’) in height. According to the business plan, no piles of materials would exceed three feet (3’) in height.
Any structures related to the landscaping business would be required to obtain applicable building permits.
Per the site survey, the property is served by a septic system. No information was provided regarding a well.
No employees or customers would use restroom or water facilities on the property.
One six foot by five foot (6’ X 5’) dumpster was shown on the updated landscaping plan in the landscaping business area.
The property drains to the southeast and northeast.
Per the survey, the house is served by an existing driveway with two (2) access points off of Harvey Road. Per the updated landscaping plan, one (1) ten foot (10’) wide gravel driveway provides access from the landscaping storage area to Harvey Road; this access was installed without proper permits and will need to secure applicable permits. The southern driveway is five feet (5’) north of the southern property line. A picture of the southern driveway was provided.
The Village of Oswego provided information regarding driveway standards; this information is included as part of an email provided.
Earlier in the review process, the Village of Oswego submitted an email requesting the driveway be moved at least five feet (5’) from the property. Staff exchanged emails with the Petitioners’ Attorney outlining the next steps. The Petitioners’ Attorney believed that the driveway was located greater than five feet (5’) from the southern property line. Staff requested the measurement of the driveway to the southern property line be added to the plat of survey. The above referenced emails were provided. The distance was added to the updated landscaping plan.
An inspection of the property occurred on March 16, 2022, and new gravel appeared to have been added to the driveway per the picture provided.
The Petitioners’ Attorney submitted an email stating the that Village of Oswego did not need to approve the access permit. This email was provided. This issue was ultimately addressed.
A variance will still be needed to address the gravel parking located inside the fenced area, unless the fenced area is moved five feet (5’) from the property line.
According to the plat of survey, the Petitioners plan to have two (2) parking spaces and one (1) handicapped accessible parking space to the west of the garage. The parking spaces will be of brick pavers.
The plat of survey shows two existing light poles. Existing lighting is used for residential purposes only. The Petitioners were not proposing any additional lighting.
The Petitioners were not proposing any business related signage.
The updated landscaping plan shows one (1) solid fence eight feet (8’) in height along the landscaping business area. One (1) security gate is also shown on the landscaping plan.
The updated landscaping plan shows twenty-eight (28) eight foot (8’) tall mission arborvitaes, four (4) nine foot (9’) tall blue spruces, and one (1) fifteen foot (15’) mulch bed along the southwest corner of the property. No information was provided regarding the vegetation along the southern property line. The Petitioner has already installed twenty-two (22’) mission arborvitaes and three (3) blue spruces. A picture of the existing landscaping was provided. The vegetation along the southern property line can be seen in the provided picture of the southern driveway. The Village of Oswego also requested landscaping in their provided email, but did not provide details on type or nature of landscaping. The Petitioners requested ninety (90) days to install the vegetation after the special use permit is approved.
No information was provided regarding noise control.
No new odors are foreseen by the proposed use.
If approved, this would be the nineteenth (19th) special use permit for a landscaping business in unincorporated Kendall County.
The proposed Findings of Fact for the special use permit were as follows:
That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. Provided the site is developed in accordance with the submitted site plan and provided a variance is granted regarding the location of the parking area and driveway inside the fenced area, the operation of the special use will not be detrimental to the public health, safety, morals, comfort, or general welfare. Conditions may be placed in the special use permit ordinance to address hours and seasons of operation.
That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Zoning classification of property within the general area of the property in question shall be considered in determining consistency with this standard. The proposed use shall make adequate provisions for appropriate buffers, landscaping, fencing, lighting, building materials, open space and other improvements necessary to insure that the proposed use does not adversely impact adjacent uses and is compatible with the surrounding area and/or the County as a whole. Appropriate restrictions may be placed in the special use permit to regulate the number of employees, hours of operation, site landscaping, and noise. Therefore, the neighboring property owners should not suffer loss in property values and the use will not negatively impact the adjacent land uses.
That adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. If the Village of Oswego approves the new access point for the southern driveway and if a variance is granted for the location of the southern driveway inside the fenced area, then adequate points of ingress and egress will be provided. The owners of the business allowed by the special use permit have agreed not pile materials in excess of three feet (3’) in height.
That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the County Board pursuant to the recommendation of the Zoning Board of Appeals. Provided a variance is granted for the location of the driveway inside the fenced area and a variance is granted allowing the use on a non state, county, or collector highway, the special use shall conform to the applicable regulations of the district.
That the special use is consistent with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. True, the proposed use is consistent with an objective found on Page 6-34 of the Kendall County Land Resource Management Plan which calls for “a strong base of agricultural, commercial and industrial uses that provide a broad range of job opportunities, a healthy tax base, and improved quality of services to County residents”.
The proposed Findings of Fact for the variances were as follows:
That the particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship or practical difficulty upon the owner if the strict letter of the regulations were carried out. There are no topographic conditions or other outstanding conditions not caused by the Petitioners that created a particular hardship or difficulty upon the owner.
That the conditions upon which the requested variation is based would not be applicable, generally, to other property within the same zoning classification. It is unknown the exact number of A-1 zoned properties that could ask for similar variances. The Village of Oswego defines Harvey Road as a Collector while the Kendall County Land Resource Management Plan does not define Harvey Road as a Collector; it is unique to have this difference in classification.
That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The owners created the hardship by installing the driveway without proper permits and operating the business at the subject property. While the owners were not responsible for the differences in classification for Harvey Road, the owners voluntarily chose to operate a landscaping business at the subject property and, thus, created the hardship.
That the granting of the variation will not materially be detrimental to the public welfare or substantially injurious to other property or improvements in the neighborhood in which the property is located. The requested variance should not negatively impact any of the neighbors and will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood, provided the Village of Oswego grants access to Harvey Road at the location shown on the landscaping plan.
That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. Allowing the driveway to be on the property line and allowing the business to operate on a non-State, County, or Collector Highway will not impair any of the above items.
Staff believed that a landscaping business could operate at the subject property with reasonable restrictions. However, Staff had concerns, given the Petitioners’ previous behavior, that reasonable restrictions will be followed. Staff believes the following conditions and restrictions were necessary for the operation of a special use permit at the subject property:
1. The site shall be developed substantially in accordance with the plat of survey and landscaping plan. The dumpster shall be a minimum six feet by five feet (6’X5’). Within ninety days (90) of the approval of this special use permit, the owners of the business allowed by the special use permit shall install fence shown on the landscaping plan. The Kendall County Planning, Building and Zoning Committee may grant an extension to the deadline to install the fence.
2. The existing house, garage, chicken coop, deck, swimming pool, and shed located on the northwest corner of the property shall be used for residential purposes only and shall be exempt from the site development conditions of the special use permit. The locations of these structures may change without requiring an amendment to the special use permit.
3. A variance to Section 11:02.F.7.b of the Kendall County Zoning Ordinance shall be granted allowing off-street parking and southern driveway to be no closer than zero feet (0’) from the southern property line as shown on the landscaping plan. The driveway shall be a maximum of twenty feet (20’) in width and shall be gravel.
4. A variance to Section 7:01.D.30.b of the Kendall County Zoning Ordinance shall be granted allowing the operation of a landscaping business at a property not located on and not having direct access to a State, County, or Collector highway as designed in the County’s Land Resource Management Plan.
5. The owners of the business allowed by the special use permit shall maintain the parking area shown on the site plan and in substantially the same location as depicted on the plat of survey. The parking area shall be brick pavers. Within ninety days (90) of the approval of this special use permit, the owners of the business allowed by the special use permit shall install the brick pavers and handicapped parking space with applicable signage shown on the plat of survey. The Kendall County Planning, Building and Zoning Committee may grant an extension to the deadline to install the brick pavers and handicapped parking space.
6. The owners of the business allowed by the special use permit shall maintain the landscaping business area on the southeast corner of the site as depicted on the landscaping plan. This area shall be gravel. The mulch area south of the frame shed shall be approximately twelve feet by twenty feet (12’X20’) in size and shall be a maximum three feet (3’) in height.
7. The owners of the businesses allowed by this special use permit shall diligently monitor the property for leaks from equipment and vehicles parked and stored and items stored on the subject property and shall promptly clean up the site if leaks occur.
8. Any new structures constructed or installed related to the business allowed by this special use permit on the property shall not be considered for agricultural purposes and must secure applicable building permits.
9. Equipment and vehicles related to the business allowed by the special use permit may be stored outdoors.
10. None of the vehicles or equipment parked or stored on the subject property related to the business allowed by the special use permit shall be considered agricultural vehicles or agricultural equipment.
11. All of the vehicles and equipment stored on the subject property related to the business allowed by the special use permit shall be maintained in good condition with no deflated tires and shall be licensed if required by law.
12. Except for the purposes of loading and unloading, all landscape related materials shall be stored indoors or in the designated storage areas shown on the landscaping plan. The maximum height of the piles of landscaping related material shall be less than three feet (3’) in height.
13. No signage advertising or promoting the business shall be installed on the subject property. The owner of the business allowed by this special use permit may install appropriate handicapped parking signs and other directional signs within the fenced landscaping business area as shown on the landscaping plan.
14. Twenty-eight (28) eight foot (8’) tall mission arborvitaes, four (4) nine foot (9’) tall blue spruces, and one (1) fifteen foot (15’) mulch bed along the southwest corner of the property shall be installed and maintained on the property in substantially the locations shown on the landscaping plan. Damaged or dead arborvitaes shall be replaced on a timeframe approved by the Kendall County Planning, Building and Zoning Department. Within ninety days (90) of the approval of this special use permit, the owners of the business allowed by the special use permit shall install the previously described vegetation. The Kendall County Planning, Building and Zoning Committee may grant an extension to the deadline to install the vegetation.
15. No landscape waste generated off the property can be burned on the subject property.
16. A maximum of four (4) employees of the business allowed by this special use permit, including the owners of the business allowed by this special use permit, may report to this site for work. No employees shall engage in the sale of landscaping related materials on the property.
17. No customers of the business allowed by this special use permit shall be invited onto the property by anyone associated with the use allowed by this special use permit.
18. The hours of operation of the business allowed by this special use permit shall be daily from 6:00 a.m. until 8:00 p.m. The owners of the business allowed by this special use permit may reduce these hours of operation.
19. The noise regulations are as follows:
Day Hours: No person shall cause or allow the emission of sound during daytime hours (7:00 A.M. to 10:00 P.M.) from any noise source to any receiving residential land which exceeds sixty five (65) dBA when measured at any point within such receiving residential land, provided; however, that point of measurement shall be on the property line of the complainant.
Night Hours: No person shall cause or allow the emission of sound during nighttime hours (10:00 P.M. to 7:00 A.M.) from any noise source to any receiving residential land which exceeds fifty five (55) dBA when measured at any point within such receiving residential land provided; however, that point of measurement shall be on the property line of the complainant.
EXEMPTION: Powered Equipment: Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors, and snow removal equipment which is necessary for the maintenance of property is exempted from the noise regulations between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
20. At least one (1) functioning fire extinguisher and one (1) first aid kit shall be on the subject property. Applicable signage stating the location of the fire extinguisher and first aid kit shall be placed on the subject property.
21. The owners of the business allowed by this special use shall reside at the subject property as their primary place of residence.
22. The owners of the business allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause.
23. The property owner and operator of the business allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of this type of business.
24. Failure to comply with one or more of the above conditions or restrictions could result in the amendment or revocation of the special use permit.
25. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid.
26. This special use permit shall be treated as a covenant running with the land and is binding on the successors, heirs, and assigns as to the same special use conducted on the property.
Member Cherry asked where the property was located in relation to Wolf Road. Mr. Asselmeier responded the property is north of Wolf Road. The subject property is on the east side of Harvey Road, the opposite side of the road from the high school. Discussion occurred about the previous owners of the property.
A complaint was filed against the Petitioners in 2018 for operating a landscaping business without a special use permit.
Chairman Mohr asked about the uses directly to the south of the property. Mr. Asselmeier responded, the uses are industrial uses.
Chairman Mohr expressed concerns about having large amounts of grass clippings generating odors. It was noted that the Petitioners have to live on the property and the adjacent use to the east are business related. Chairman Mohr said the residential neighbors to the west will smell the grass clippings. He requested a condition stating the frequency of removing grass clippings. Member Cherry expressed concerns about burning of grass clippings.
Chairman Mohr opened the public hearing at 7:23 p.m.
Judd Lofchie, Attorney for the Petitioners, said the Petitioners will not be collecting grass clippings; the Petitioners were agreeable to a condition to that effect. The Petitioners requested that the conditions be clarified that employee parking be gravel in Condition 5. No objections were expressed to this condition.
Mr. Lofchie explained the access point negotiations with Oswego. He was attempting to save his clients money on the cost of installing concrete and relocating the driveway.
Mr. Lofchie explained that the Petitioners did not pursue annexation to the Village of Oswego because of the time and money expended, to this point, to obtain the special use permit.
Chairman Mohr asked why the Petitioners have been operating so long without proper zoning. Mr. Lofchie said that his clients’ previous attorney dropped the ball on the case. He noted that the Petitioners have been working to get into compliance with the various regulations of the County.
Chairman Mohr asked about the current legal proceedings. Mr. Asselmeier explained the Petitioners were previously found guilty, assessed a fine, but have not been required to pay the fine. The Planning, Building and Zoning Committee requested new citations be issued related to the driveway and the court date for that citation is July 6, 2022.
Chairman Mohr closed the public hearing at 7:30 p.m.
Member LeCuyer made a motion, seconded by Member Whitfield, to approve the Findings of Fact for the special use permit.
The votes were as follows:
Ayes (4): LeCuyer, Mohr, Thompson, and Whitfield
Nays (1): Cherry
Abstain (0): None
Absent (1): Fox
The motion passed.
Member LeCuyer made a motion, seconded by Member Whitfield, to approve the Findings of Fact for the variance.
The votes were as follows:
Ayes (4): LeCuyer, Mohr, Thompson, and Whitfield
Nays (1): Cherry
Abstain (0): None
Absent (1): Fox
The motion passed.
Member LeCuyer made a motion, seconded by Member Thompson, to recommend approval of the special use permit and variances with the conditions proposed by Staff with an amendment to condition 1 to reflect no grass clippings in the landscaping business area and an amendment to condition 5 to allow the employee parking in the landscaping business area to be gravel.
Chairman Mohr asked about the fines. Mr. Asselmeier said, if the special use permit is approved, the Petitioners could operate a business under the terms of the special use permit. The fines were related to activities that occurred in the past.
Mr. Asselmeier explained the process for asking for extensions as outlined in the various conditions.
The votes were as follows:
Ayes (5): Cherry, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Fox
The motion passed.
Oswego Township will be notified of the results of the hearing.
The proposal will go to the Planning, Building and Zoning Committee on July 11, 2022.
Chairman Mohr encouraged the Petitioners to meet the requirements within the timelines outlined in the special use permit.
The Zoning Board of Appeals completed their review of Petition 22-01 at 7:40 p.m. The Zoning Board of Appeals started their review of Petition 22-13 at 7:40 p.m.
Petition 22 – 13 – Joe Slivka and Kevin Kunkel on Behalf of Lisbon Township
Request: Special Use Permit for a Government Building or Facility (Garage) PINs: 08-21-300-002 and 08-21-300-004
Location: 15759 Route 47, Newark, Lisbon Township
Purpose: Petitioner Wants to Construct a Garage for Township Equipment; Property is Zoned A-1 Agricultural District
Mr. Asselmeier summarized the request.
Lisbon Township would like to construct a seven thousand four hundred eighty-eight (7,488) square foot garage on the subject property, located at 15759 Route 47, Newark.
The application materials, plat of survey, existing conditions survey, site plan, landscaping plan, building elevations were provided.
The property is approximately two point zero four (2.04) acres in size.
The existing land use is Institutional, Transportation and Agricultural.
The zoning is A-1.
The County’s Future Land Use Map called for the property to be Agricultural. The Village of Lisbon’s Future Land Use Map called for the property to be Commercial.
Route 47 is a State maintained Arterial. IDOT had no concerns regarding this proposal, an email to that effect was provided.
The County has a trail planned along Route 47.
There are no floodplains or wetlands on the property.
The adjacent land uses are Agricultural, Farmstead and Comed Right-of-Way.
The nearby properties in the unincorporated area are zoned A-1. The property to the west and south is inside the Village of Lisbon and is zoned Mining.
The County’s Future Land Use Map called for the area to be Agricultural, Comed Right-of-Way and Mining. The Village of Lisbon’s Future Land Use Map called for the area to Agricultural, Commercial, Mixed Use Business, and Mining.
The property to the southwest is owned by Vulcan Lands, Inc.
EcoCAT Report was submitted on May 12, 2022, and consultation was terminated.
The NRI application was submitted on May 4, 2022. The LESA Score was 178 indicated a low level of protection. The NRI Report was provided.
Petition information was sent to Lisbon Township on May 26, 2022. To date, no comments have been received.
Petition information was sent to the Village of Lisbon on May 26, 2022. To date, no comments have been received.
Petition information was sent to the Lisbon-Seward Fire Protection District on May 26, 2022. To date, no comments have been received.
ZPAC reviewed the proposal at their meeting on June 7, 2022. Discussion occurred regarding screening. The only screening would be the vegetation shown in the landscaping plan. Mr. Rybski requested confirmation that no sinks or bathroom facilities would be located in the facility. Mr. Asselmeier said that it was his understanding that no sinks or bathroom facilities would be located in the facility. The facility would be for storage purposes only. Mr. Holdiman said that offices might go in the facility in the future and the Petitioners were aware that a septic facility would be required at that time. The Petitioners might need to purchase additional property to have room for a septic system. Mr. Gengler asked about the handling of oil waste. Mr. Holdiman said no discussion has occurred regarding maintenance of vehicles and related requirements including oil interceptor and septic system requirements. ZPAC recommended approval of the request with a correction to a typo in condition 9 by a vote of seven (7) in favor and zero (0) in opposition with three (3) members absent. The minutes of the meeting were provided.
The Kendall County Regional Planning Commission reviewed this proposal at their meeting on June 22, 2022. Member Nelson questioned the need for a bathroom on the site. No restrooms are located on the property. Member Nelson also asked if borings had occurred on the property. Joe Antoniolli and Kevin Kunkel responded no. Member Nelson expressed concerns that leaked oils would not get absorbed into the ground. His concerns regarding leaks was connected to concerns about installing a septic system on the property. Restrooms and offices would occur as part of a Phase II. The existing tanks owned by Lisbon Township were double walled tanks. Chairman Ashton said Lisbon Township did not have the funds to install restroom facilities. Kevin Kunkel said townships can only borrow money for a maximum ten (10) years. The Kendall County Regional Planning Commission recommended approval of the proposal by a vote of seven (7) in favor and zero (0) in opposition with two (2) members absent. The minutes of the meeting were provided.
According to the information provided, Lisbon Township plans to construct a garage facility to store township vehicles and equipment. The building will not have an office. The maximum number of employees at the property will be three (3).
According to the site plan, Lisbon Township plans to construct one (1) seven thousand four hundred eighty-eight (7,488) square foot building on the property.
According to the building elevations, the building will be twenty-six feet (26’) in height at its highest point. Four (4) doors to drive in vehicles and equipment would be located on the east side of the building and these doors would be sixteen feet, four inches (16’ 4”) in height. The elevations also show one (1) man door on the east side of the building and one (1) man door on the west side of the building.
It should be noted that on the building elevations South Elevation = East, West Elevation = South, North Elevation = West, and East Elevation = North.
The site plan shows an existing metal building and salt storage shelter. The metal building would be demolished in the future; no date has been provided for demolition.
The property is served by a well, but does not have a septic system.
One (1) trash enclosure area is shown on the site plan at the location of the existing metal building. This trash enclosure will be installed after the metal building is demolished. Until the metal building is demolished, there will not be a refuse area on the property.
Per the site plan, most of the property drains to the south.
The project does not meet the disturbance or lot coverage requirements needed for a stormwater permit.
Per the site plan, the property will utilize one (1) approximately twenty-five foot (25’) wide driveway to access Route 47. The existing conditions survey showed three (3) access points onto Route 47.
According to the site plan, there are six (6) proposed parking stalls, including one (1) handicapped accessible parking stall, located north of the proposed building.
Per Section 11:04 of the Kendall County Zoning Ordinance, one (1) parking space per each employee is required for public service uses.
According to the site plan, the building will have wall pak lighting. No information was provided regarding the location or number of lights.
According to the site plan, one monument sign shall be placed on the subject property. The sign will not be illuminated.
According to the site plan, no fencing will be installed on the property. No other security information was provided.
According to the landscaping plan, one (1) Autumn Blaze Maple, two (2) Northern Catalpa, and three (3) Redwood American Linden will be planted on the property. The trees will be three inch (3”) BB. One (1) Sargent Crabapple will also be planted and will be six foot (6’) BB. No information was provided regarding the timing of planting.
The existing turf would remain.
No information was provided regarding noise control.
No odor causing activities are foreseen at the property.
If approved, this would be the sixth (6th) special use permit for a government facility in the unincorporated area.
The proposed Findings of Fact were as follows:
That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. Provided the site is developed in accordance with the submitted site plan and landscaping plan, the proposed use should not be detrimental or endanger the public health, safety, morals, comfort, or general welfare.
That the special use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Zoning classification of property within the general area of the property in question shall be considered in determining consistency with this standard. The proposed use shall make adequate provisions for appropriate buffers, landscaping, fencing, lighting, building materials, open space and other improvements necessary to insure that the proposed use does not adversely impact adjacent uses and is compatible with the surrounding area and/or the County as a whole. The subject property is located along a four (4) lane highway with agricultural uses on all sides. Few residential uses are located in the vicinity. Provided the site is developed in accordance with the submitted site plan and landscaping plan, the proposed use will not be substantially injurious to neighboring properties and or adversely impact adjacent uses.
That adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. Adequate utilities, points of ingress/egress, drainage, and other necessary facilities have been or will be provided.
That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the County Board pursuant to the recommendation of the Zoning Board of Appeals. This is true; no variances are needed.
That the special use is consistent with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. True, the proposal is consistent with a goal found on page 9-20 of the Kendall County Land Resource Management Plan call for “Mutually supportive, non-adversarial team of municipal, township, school, park, county, and other governments working toward the benefit of everyone in Kendall County.” Also, land next to an arterial highway is a logical location for a township highway facility.
Staff recommended approval of the request special use permit subject to the following conditions and restrictions:
1. The site shall be developed substantially in accordance with the submitted site plan and landscaping plan. Lisbon Township may demolish the one (1) story metal building shown on the site plan without seeking an amendment to this special use permit.
2. The botanicals shown on the landscaping plan shall be installed by June 30, 2024. This deadline may be extended upon approval by the Kendall County Planning, Building and Zoning Committee. Damaged or dead botanicals shall be replaced on a timeframe approved by the Kendall County Planning, Building and Zoning Department.
3. The seven thousand four hundred eighty-eight (7,488) square foot building shall be developed substantially in accordance with the elevations with a maximum building height of twenty-six feet (26’). On the elevations, South Elevation = East, West Elevation = South, North Elevation = West, and East Elevation = North.
4. Any structures constructed, installed, or demolished related to the use allowed by this special use permit on the property shall not be considered for agricultural purposes and must secure applicable building permits.
5. One (1) free standing monument sign may be installed in substantially the location shown on the site plan. The sign shall not be illuminated.
6. The trash enclosure shall be placed in substantially the location shown on the site plan, upon demolition of the one (1) story metal building. The enclosure shall be screened per the requirements of the Kendall County Zoning Ordinance. The property owners shall ensure that the site is kept free of litter and debris.
7. The owners of the uses allowed by this special use permit shall diligently monitor the property for leaks from equipment, vehicles, and materials parked and stored on the subject property and shall promptly clean up the site if leaks occur.
8. None of the vehicles or equipment parked or stored on the subject property related to the use allowed by the special use permit shall be considered agricultural vehicles or agricultural equipment.
9. The operators of the use allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause (typo corrected at ZPAC).
10. The property owner and operator of the use allowed by this special use permit shall follow all applicable Federal, State, and Local laws related to the operation of this type of use.
11. Failure to comply with one or more of the above conditions or restrictions could result in the amendment or revocation of the special use permit.
12. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid.
13. This special use permit shall be treated as a covenant running with the land and is binding on the successors, heirs, and assigns as to the same special use conducted on the property.
Member Whitfield ask about the trash enclosure. Mr. Asselmeier said the trash enclosure was the area reserved for a dumpster.
Chairman Mohr asked where a trail could go on this property. Mr. Asselmeier said, because of the Comed right-of-way, a trail would have been required to be further inside the property. For this reason, neither the Illinois Department of Transportation nor the Kendall County Highway Department requested a dedication for a trail. The trees would not be impacted by a bike trail.
Chairman Mohr opened the public hearing at 7:52 p.m.
Chairman Mohr asked if the Petitioners were agreeable to the proposed conditions. Kevin Kunkel, Petitioner, responded yes.
Discussion occurred regarding the lack of restrooms. Mr. Kunkel said future plans call for the construction of another building will meeting rooms and restrooms.
Member Whitfield asked about the project cost. Mr. Kunkel responded Five Hundred Thousand Dollars ($500,000). Mr. Kunkel explained township cannot borrow funds for longer than ten (10) years. The Township budget is One Hundred Fifty Thousand Dollars ($150,000).
Discussion occurred regarding ADA compliance and reasonable accommodations with regards to restrooms. The property never had restroom facilities.
Chairman Mohr closed the public hearing at 7:55 p.m.
Member Thompson made a motion, seconded by Member Cherry, to approve the Findings of Fact.
The votes were as follows:
Ayes (5): Cherry, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Fox
The motion passed.
Member Whitfield made a motion, seconded by Member Cherry, to recommend approval of the special use permit with the conditions proposed by Staff.
The votes were as follows:
Ayes (5): Cherry, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Fox
The motion passed.
The proposal will go to the Planning, Building and Zoning Committee on July 11, 2022. The Zoning Board of Appeals completed their review of Petition 22-13 at 7:57 p.m. The Zoning Board of Appeals started their review of Petition 22-12 at 7:57 p.m.
Petition 22 – 12 – Kendall County Regional Planning Commission
Request: Text Amendment to Section 6:06.B.3.b Pertaining to Design Guidelines (Light Requirements) of Telecommunication Facilities
Purpose: Petitioner Wants Lights to Be Red at Night and May Be White Strobe During the Day Unless Otherwise Required by the Federal Government to Be White Strobe at Night
Mr. Asselmeier summarized the request.
On March 3, 2022, the County received a complaint regarding lights not working on the tower at Legion and Immanuel Roads. The tower owner fixed the matter.
Upon additional discussions, the suggestion was made to change the present language contained in Section 6:06.B.3.b, pertaining to design guidelines (lighting requirements) of telecommunication carrier facilities as follows:
“Lighting should be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, which shall be conventional red lighting at night and may be white strobe during the day (unless required by the FAA or FCC to be white strobe at night), all lighting should be shielded so that no glare extends substantially beyond the boundaries or a facility.”
At their meeting on March 23, 2022, the Kendall County Comprehensive Land Plan and Ordinance Committee voted to forward a request to the Kendall County Regional Planning Commission to initiate a text amendment to the Zoning Ordinance as described in the above paragraph.
At their meeting on April 27, 2022, the Kendall County Regional Planning Commission voted to initiate the text amendment to the Zoning Ordinance as described in the above paragraph.
The proposal was emailed to the townships on May 31, 2022. To date, no comments have been received.
ZPAC reviewed the proposal at their meeting on June 7, 2022. It was noted that, if someone provided information from the FCC or FAA requiring different lighting requirements, the federal regulations would supersede County regulations. ZPAC recommended approval of the proposal by a vote of seven (7) in favor and zero (0) in opposition with three (3) members absent. The minutes of the meeting were provided.
The Kendall County Regional Planning Commission reviewed the proposal at their meeting on June 22, 2022. The Kendall County Regional Planning Commission recommended approval by a vote of seven (7) in favor and zero (0) in opposition with two (2) members absent. The minutes of the meeting were provided.
Chairman Mohr opened the public hearing at 7:59 p.m.
Members LeCuyer and Whitfield felt that the FAA should already have regulations regarding lighting. Mr. Asselmeier said that Larry Nelson felt that the proposal would be less intrusive than current regulations. Mr. Asselmeier explained that the issue with the tower on Legion Road has been fixed.
Chairman Mohr noted that the color requirement was the only thing proposed for amendment. Chairman Mohr closed the public hearing at 8:02 p.m.
Member LeCuyer made a motion, seconded by Member Cherry, to recommend approval of the text amendment.
The votes were as follows:
Ayes (5): Cherry, LeCuyer, Mohr, Thompson, and Whitfield
Nays (0): None
Abstain (0): None
Absent (1): Fox
The motion passed.
The townships will be notified of the results of the hearing.
The proposal will go to the Planning, Building and Zoning Committee on August 8, 2022. The Zoning Board of Appeals completed their review of Petition 22-12 at 8:03 p.m.
NEW BUSINESS/OLD BUSINESS
None
REVIEW OF PETITIONS THAT WENT TO THE COUNTY BOARD
Mr. Asselmeier reported that Petition 21-49 was approved by the County Board. He also said that Petition 22-10 was withdrawn by the Petitioners.
PUBLIC COMMENTS
Mr. Asselmeier reported that no applications for text amendments, map amendments, or special use permit have been submitted for the August 1, 2022, hearing/meeting. The application deadline for variances is July 1, 2022.
ADJOURNMENT OF THE ZONING BOARD OF APPEALS
Member Whitfield made a motion, seconded by Member LeCuyer, to adjourn.
With a voice vote of five (5) ayes, the motion carried.
The Zoning Board of Appeals meeting adjourned at 8:04 p.m.
https://www.kendallcountyil.gov/home/showpublisheddocument/24850
Alerts Sign-up