Kendall County Times

Kendall County Zoning Board of Appeals met July 1.

Here are the minutes provided by the board:

CALL TO ORDER

Vice-Chairman Tom LeCuyer called the Zoning Board of Appeals meeting to order at 7:05 p.m.

ROLL CALL:

Members Present: Scott Cherry, Cliff Fox, Tom LeCuyer, and Dick Thompson,

Members Absent: Randy Mohr, Jillian Prodehl, and Dick Whitfield

Staff Present: Matthew Asselmeier, AICP, CFM, Director and Wanda Rolf, Office Assistant Others Present: Alex Schuster, Katherine Rousonelos, Ray Jackinowski, and Jim Filotto

MINUTES:

Member Thompson made a motion, seconded by Member Fox, to approve the minutes of the May 28, 2024, hearing/meeting.

With a voice vote of four (4) ayes, the motion carried.

The Zoning Board of Appeals started their review of Petition 24-10 at 7:06 p.m.

PETITIONS:

Petition 24 – 10 – Alex M. Schuster

Request: Special Use Permit for a Landscaping Business

PIN: 03-22-400-001

Location: 2142 Wooley Road, Oswego in Oswego Township

Purpose: Petitioner Would Like to Operate a Landscaping Business; Property is Zoned A-1 Mr. Asselmeier summarized the request.

The Petitioner is seeking a special use permit for a landscaping business, including allowing outdoor storage of materials.

The application materials, plat of survey, current conditions plat, revised proposed site plan reflecting WBK Engineering’s comments, proposed landscaping plan, and pictures of the property were provided.

The address of the property was 2142 Wooley Road.

The property was approximately three (3) acres in size.

The current land use was Improve Residential/Farmstead.

The County’s Future Land Use Map called for the property to be Rural Estate Residential. The Village of Oswego’s Future Land Use Map called for the property to be Large Lot Residential.

Wooley Road was a Minor Collector maintained by Oswego Township.

The Village of Oswego has a trail planned along Wooley Road.

There were no floodplains or wetlands on the property.

The adjacent properties were used as Agricultural and Farmstead.

The adjacent properties were zoned A-1.

The County’s Future Land Use Map called for the area to be Rural Estate Residential and Commercial. The Village of Oswego’s Future Land Use Map called for the area to be Large Lot Residential.

Properties within one half (1/2) of a mile were zoned A-1 in the County and B-3 in the Village of Oswego. Approximately three (3) houses are located within a half mile (0.5) miles of the subject property.

EcoCAT Report was submitted on March 14, 2024, and consultation was terminated

The NRI application was submitted on April 29, 2024. The LESA Score was 173 indicating a low level of protection. The NRI Report was provided.

Petition information was sent to Oswego Township on May 1, 2024. Prior to formal application submittal, Oswego Township submitted an email requesting a thirty-three foot (33’) deep right-of-way dedication from the center of Wooley Road. This email was provided.

Petition information was sent to the Village of Oswego on May 1, 2024. No comments received.

Petition information was sent to the Oswego Fire Protection District on May 1, 2024. The Oswego Fire Protection District submitted an email stating no objections to the proposal. This email was provided.

ZPAC reviewed this proposal at their meeting on May 7, 2024. Discussion occurred regarding the size and location of the septic system. The right-of-way dedication was raised to forty feet (40’). ZPAC recommended approval of the request with the additional condition related to the septic system and increasing the right-of-way dedication by a vote of nine (9) in favor and zero (0) in opposition with one (1) member absent. The minutes of the meeting were provided.

The Kendall County Regional Planning Commission reviewed the proposal at their meeting on June 26, 2024. Discussion occurred regarding the future land use map for properties in the area and the distance of the house to road. Discussion also occurred regarding the business starting at the property before a special use permit was issued. The Kendall County Regional Planning Commission recommended approval of the proposal by a vote of nine (9) in favor and zero (0) in opposition with one (1) member absent. The minutes of the meeting were provided.

Per Section 7:01.D.32 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, the above conditions have been met.

As noted in the project narrative, the Petitioners would like to operate ASE Illini-Scapes at the subject property.

They would use the site for storage of landscaping materials, equipment, offices, and related operations. Employees would visit the site to get materials. The site would not be open to customers.

The business would be open from 6:00 a.m. until 6:00 p.m. Monday through Friday during the growing season and everyday for twenty-four hours (24) during snow events in the winter. The business has a maximum of fifteen (15) employees, during the busy season, and two (2) employees year-round. Employees either report to the subject property or report directly to job sites.

The site plan shows one (1) approximately one thousand three hundred seventy (1,370) square foot material bin area and one (1) approximately three thousand five hundred (3,500) square foot hard goods storage area near the eastern property line. One (1) approximately five hundred (500) square foot material storage bin was shown near the southern property line. One (1) additional approximately three thousand three hundred (3,300) square foot equipment and storage area is shown south of the existing accessory buildings. The Petitioner indicated that the piles of materials would not exceed ten feet (10’) in height.

Equipment would be stored outdoors, when the business is closed.

The Petitioner intends to grow nursery stock in the future.

The subject property presently has one (1) approximately three thousand three hundred (3,300) square foot house, constructed in 1875, one (1) frame garage, two (2) metal frame accessory buildings, and one (1) outhouse onsite that is used as decoration and gardening shed.

The site plan showed two (2) future greenhouses, one (1) approximately one thousand one hund (1,100) square feet in size and one (1) approximately one thousand fifty (1,050) square feet in size.

Any structures related to the landscaping business, other than the greenhouses, would be required to obtain applicable building permits. However, at this time, no additional structures, besides the greenhouses, are proposed.

The well was located southwest of the house. The septic area was located east of the house, between the proposed employee parking area and the southern most greenhouse. The property was served by electricity and natural gas.

One (1) dumpster area was proposed east of the western most equipment and storage area. Given its location on the property and proposed perimeter screening around the property, the Petitioner did not propose any screening specifically for the dumpster area.

The property drains towards Wooley Road.

The site plan showed a drainage system along the east and northeast side of the property.

The Petitioners submitted an application for a stormwater management permit. WBK submitted a review letter requesting additional information and clarification. This letter was provided. The Petitioner’s Engineer submitted a response on June 5, 2024, including a revised site plan addressing WBK’s comments. This letter was provided. WBK submitted a letter on June 24, 2024, requesting additional information. This letter was provided.

Per the site plan, the property has a gravel driveway. The Petitioner plans to install a turnaround area at the south end of the driveway.

According to the site plan, the Petitioner proposes a gravel parking lot with ten (10) parking spaces located north of the turnaround area. One (1) ADA accessible parking space is required. The Petitioner intends to use a vehicular rated permeable paver to meet this requirement.

In addition, the Petitioner proposes an approximately one thousand seven hundred fifty square foot (1,750) truck and trailer parking area south of the turnaround area. This lot would also be gravel.

No lighting was planned for the property.

No signage was proposed.

The property presently has a fence along the perimeter as shown in several of the pictures and the landscaping plan.

The landscaping plan showed six (6) existing maple trees, two (2) existing willow, thirty-two (32) existing spruce trees, two (2) existing birch trees, two (2) existing oak trees, and several existing evergreen trees.

The Petitioner proposes to add twenty-six (26) purple coneflowers, three (3) six foot (6’) service berries, trellised English ivy, and five (5) six foot (6’) Nigra arborvitae.

The Petitioner plans to install landscaping within one (1) year of the approval of special use permit. No information was provided regarding noise control.

No information was provided regarding odor control.

If approved, this would be the twenty-first (21st) special use permit for a landscaping business in unincorporated Kendall County.

The proposed Findings of Fact were as follows:

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. Numerous landscaping businesses have been approved throughout unincorporated Kendall County, including one (1) at 655 Wooley Road. The proposed use is along Wooley Road, which is classified as a minor collector. Reasonable restrictions can be placed in the special use permit to ensure the health, safety, and general welfare of the area are protected.

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 makes 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 in a large A-1 Agricultural District. The use will not impede farms or residential uses on the adjoining properties. Reasonable restrictions may be placed on the special use permit to address hours of operation, noise, landscaping, and site layout to prevent neighboring property owners are not negatively impacted by the proposed use.

Adequate utilities, access roads and points of ingress and egress, drainage, and/or other necessary facilities have been or are being provided. The proposal states that customers will not come to the property. Given the limited number of employees reporting to the property, adequate utilities, access roads, and ingress/egress exists. A stormwater permit and conditions in the special use permit can address concerns related to drainage.

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.

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. The proposal is also consistent with a goal and objective found on page 6-34 of the Land Resource Management Plan, “A strong base of agriculture, commercial and industrial uses that provide a broad range of job opportunities, a healthy tax base, and improved quality of services to County residents.” “Encourage opportunities for locally owned business.” In addition, the future land use map calls for this property to be Mixed Use Business. Similar types of uses were planned for the subject property and properties in the vicinity of the subject property.

Staff recommended approval of the requested special use permit subject to the following conditions and restrictions. To date, the Petitioner had not agreed to these conditions and restrictions:

1. The site shall be developed substantially in accordance with the submitted site plan and landscaping plan.

2. Within ninety (90) days of the approval of the special use permit, the owners of the subject property shall dedicate a strip of land thirty-three feet (33’) forty feet (40’) in depth along the northern property line to Oswego Township. The Kendall County Planning, Building and Zoning Committee may grant an extension to this deadline. (Amended at ZPAC)

3. The location and size of the septic system should be assessed to determine if the system is placed and sized properly for the use allowed by this special use permit. (Added at ZPAC)

4. Equipment and vehicles related to the business allowed by the special use permit may be stored outdoors at the subject property when the business is closed.

5. 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.

6. 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.

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. Except for the purposes of loading and unloading, all landscape related materials shall be stored at the designated storage areas shown on the submitted site plan. The maximum height of the piles of landscaping related material shall be ten feet (10’). (Clarified at ZPAC)

9. A maximum of fifteen (15) 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.

10. No customers of the business allowed by the special use permit shall be invited onto the subject property for matters related to the business allowed by the special use permit.

11. The hours of operation of the business allowed by this special use permit shall be Monday through Friday from 6:00 a.m. until 6:00 p.m. and the business shall be open twenty-four (24) hours to address snow events. The owners of the business allowed by this special use permit may reduce these hours of operation.

12. Any structures constructed, installed, or used 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. This restriction does not apply to greenhouses.

13. No signs are shown on the site plan. The owner of the business allowed by the special use permit may request a sign in the future using the minor amendment process, provided that the proposed sign meets the requirements of the Kendall County Zoning Ordinance.

14. Only lighting related to security may be installed outdoors at the subject property.

15. Damaged or dead plantings described on the landscaping plan shall be replaced on a timeframe approved by the Kendall County Planning, Building and Zoning Department.

16. The vegetation described in the landscaping plan shall be installed within one (1) year of the approval of the special use permit. The Kendall County Planning, Building and Zoning Committee may grant an extension to the deadline to install the vegetation. Materials and vegetation stored in the greenhouses and material storage area shall not be subject to this requirement and shall not be considered part of the landscaping plan.

17. No landscape waste generated off the property can be burned on the subject property.

18. 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.

Only homes permitted prior to the date of the issuance of the special use permit shall have standing to file noise complaints.

19. 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.

20. The owners of the business allowed by this special use permit acknowledge and agree to follow Kendall County’s Right to Farm Clause.

21. 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, including, but not limited to, installed the applicable number of ADA required parking spaces.

22. 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.

23. If one or more of the above conditions is declared invalid by a court of competent jurisdiction, the remaining conditions shall remain valid.

24. 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 Fox asked if a greenhouse needs a permit. Mr. Asselmeier stated that a greenhouse is for agricultural use, so it is allowed on A-1 zoned property.

Vice-Chairman LeCuyer opened the public hearing at 7:16 p.m. and swore in Alex Schuster.

Member Cherry asked why the Petitioner started operating the business before obtaining the special use permit. Mr. Schuster said that he was initially under the impression that a landscaping business could operate at the property and then County notified him that a special use permit was required to operate a landscaping business at the property.

Member Cherry asked the Petitioner if there would be any burning on the property. Mr. Schuster stated there would not be any burning on the property. Mr. Schuster also stated he lives on the property.

Member Cherry asked if there is a bathroom on the property for employees. Mr. Schuster stated there is a porta pot on the property. Mr. Asselmeier stated that, normally, the Health Department would like to see indoor bathrooms. Mr. Schuster stated that members of his staff typically stop by the property to get materials and leave for work sites. Mr. Asselmeier noted the proposed condition regarding the septic system that ZPAC recommended.

Vice-Chairman LeCuyer asked if the Petitioner was agreeable to the proposed conditions. Mr. Schuster requested clarification on the right-of-way dedication. Mr. Asselmeier stated the dedication is measured from the centerline of the road at forty (40’) feet inward.

Vice Chairman LeCuyer adjourned the public hearing at 7:21 p.m.

Member Cherry made a motion, seconded by Member Thompson, to approve the Findings of Fact.

The votes were as follows:

Ayes (4): Cherry, Fox, LeCuyer, and Thompson

Nays (0): None

Abstain (0): None

Absent (3): Mohr, Prodehl, and Whitfield

The motion carried.

Member Thompson made a motion, seconded by Member Fox, to recommend approval of the special use permit with the conditions proposed by Staff.

The votes were as follows:

Ayes (4): Cherry, Fox, LeCuyer, and Thompson

Nays (0): None

Abstain (0): None

Absent (3): Mohr, Prodehl, and Whitfield

The motion carried.

The proposal goes to the Kendall County Planning, Building and Zoning Committee on July 8, 2024. The Zoning Board of Appeals completed their review of Petition 24-10 at 7:22 p.m.

The Zoning Board of Appeals started their review of Petition 24-11 at 7:22 p.m.

PETITIONS:

Petition 24 – 11 – James W. Filotto on Behalf of Oakland Avenue Storage, LLC Request: Map Amendment Rezoning the Subject Property from A-1 Agricultural District to B-3 Highway Business District

PIN: 09-13-400-011

Location: Between 276 and 514 Route 52, Minooka in Seward Township

Purpose: Petitioner Wants to Rezone the Property in Order to Operate a Construction/Contractor’s Office

Mr. Asselmeier summarized the request.

The Petitioner would like a map amendment rezoning approximately eleven more or less (11 +/-) acres located on south side of Route 52 between 276 and 514 Route 52 on the south side of Route 52 from A 1 Agricultural District to B-3 Highway Business District in order to operate a contractor’s office at the property.

The Petitioner has also submitted an application for a conditional use permit for construction services business at the property (see Petition 24-12).

If the requested map amendment and conditional use permit are approved, the Petitioner will submit an application for site plan approval.

The application materials and zoning plat were provided.

The Petitioner would like a map amendment rezoning approximately eleven more or less (11 +/-) acres located on south side of Route 52 between 276 and 514 Route 52 on the south side of Route 52 from A 1 Agricultural District to B-3 Highway Business District in order to operate a contractor’s office at the property.

The Petitioner has also submitted an application for a conditional use permit for construction services business at the property (see Petition 24-12).

If the requested map amendment and conditional use permit are approved, the Petitioner will submit an application for site plan approval.

The application materials and zoning plat were provided.

The property was located between 276 and 514 Route 52.

The property was approximately eleven (11) acres in size.

The existing land use was Agricultural.

The County’s Future Land Use Map calls for the property to be Commercial. The Village of Shorewood’s Plan calls for the property to be Mixed Use.

Route 52 is a State maintained Arterial Road.

There is a trail planned along Route 52.

There are no floodplains or wetlands on the property.

The adjacent properties were used for Agricultural, Single-Family Residential, and a landscaping business.

The adjacent properties were zoned A-1 and A-1 SU.

Properties within one half (1/2) of a mile were zoned A-1, A-1 SU, B-2, B-3 SU, B-4 and Will County Zoning.

The A-1 special use permits to east are for a landscaping business and fertilizer plant.

The A-1 special use permit to the west is for a landing strip.

The B-3 special use permit to the east is for indoor and outdoor storage.

The property to the north of the subject property is planned to be a school.

EcoCAT Report submitted and consultation was terminated.

The application for NRI was submitted on April 22, 2024. The LESA Score was 196 indicating a low level of protection. The NRI Report was provided.

Petition information was sent to Seward Township on April 30, 2024. The Seward Township Planning Commission reviewed the proposal at their meeting on May 14, 2024, and approved the requested map amendment. The proposal goes to the Seward Township Board in July. An email with this information was provided.

Petition information was sent to the Village of Shorewood on April 30, 2024. On May 22, 2024, the Village of Shorewood submitted an email requesting that the Kendall County Regional Planning Commission recommend denial. This email was provided. On June 20, 2024, the Village of Shorewood submitted an email stating they would not object to the map amendment and requested no outdoor storage at the property. This email was provided.

Petition information was sent to the Minooka Fire Protection District on April 30, 2024. No comments received.

ZPAC reviewed this proposal at their meeting on May 7, 2024. Seward Township’s proposed new Future Land Use Map did not change the classification of this property. ZPAC recommended approval of the proposal by a vote of nine (9) in favor and zero (0) in opposition with one (1) member absent. The minutes were provided

The Kendall County Regional Planning Commission started their review of this proposal their meeting on May 22, 2024. The proposal was laid over at the Petitioner’s request until the Village of Shorewood’s concerns could be addressed. The Kendall County Regional Planning Commission finished their review of the proposal at their meeting on June 26, 2024. Discussion occurred regarding traffic at the property. The final location of the building had not been determined. Outdoor storage would not occur at the property. One (1) neighbor said that he did not want the use at the property and another neighbor expressed concerns about the appearance of the neighborhood and concerns about property values. Discussion also occurred regarding other uses that might go on the property. The Kendall County Regional Planning Commission recommended approval of the proposal by a vote of nine (9) in favor and zero (0) in opposition with one (1) member absent. The minutes of the May 22, 2024, meeting and the minutes of the June 26, 2024, meeting were provided.

The Kendall County Zoning Board of Appeals initiated a public hearing on this proposal on May 28, 2024. The hearing was continued until July 1, 2024, at the Petitioner’s request. This information was provided.

The Petitioner would like to rezone the property to operate a construction services/contractor service at the subject property.

The site is currently farmed. Any future buildings would have to meet applicable building codes. No utilities are onsite.

The property fronts Route 52. Access would have to be approved by IDOT. IDOT submitted an email expressing no objections to this request. The email was provided.

Parking and driving aisles would be evaluated as part of the site plan review process.

Based on the proposed uses, no new odors are foreseen. The owners of the property would have to follow applicable odor control regulations based on potential other future B-3 allowable uses.

Lighting would need to be evaluated as part of site plan review.

Landscaping would need to be evaluated as part of site plan review.

Any signage would have to meet applicable regulations and secure permits.

The owners of the property would have to follow applicable noise control regulations based on future land uses. Noise control measures would need to be evaluated as part of site plan approval.

Stormwater control would be evaluated as part of site plan review.

The proposed Findings of Fact were as follows:

Existing uses of property within the general area of the property in question. The surrounding properties are used for agricultural purposes, single-family residential, and a landscaping business.

The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned A-1 and A-1 with a special use permit for a landscaping business. Other properties in the vicinity possess business zoning classifications.

The suitability of the property in question for the uses permitted under the existing zoning classification. The Petitioner’s proposed use of the property, for the operation of a construction/contractor business, is not allowed in the A-1 Zoning District.

The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is a mix of agricultural, commercial, and public/institutional.

Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The subject property is classified as Commercial on the Future Land Use Map and the B-3 Zoning District is consistent with this land classification.

Staff recommended approval of the proposed map amendment.

Vice Chairman LeCuyer opened the public hearing at 7:28 p.m. and swore in James Filotto.

Member Cherry asked the Petitioner what kind of business will be operating at the property. Mr. Filotto responded that he will be operating a roofing business.

Member Cherry asked what kind of equipment will be on the property. Mr. Filotto stated there will be forklifts, pickup trucks, and dump trailers.

Member Cherry asked how many employees will be at the property. Mr. Filotto responded he has six (6) employees in the office.

Vice Chairman LeCuyer swore in Katherine Rousonelos and Ray Jackinowski.

Mr. Jackinowski brought photos of the Petitioner’s other business in Crest Hill that has outdoor storage. Mr. Jackinowski said that he did not want outdoor storage next to his property. Mr. Filotto stated he would not have any outdoor storage at this facility. Mr. Jackinowski did not leave the pictures for the file.

Mr. Jackinowski asked if the Zoning Board of Appeals members would want to live next to the proposed use. Member Cherry responded that he would prefer to live next to farms, but the County was changing.

Mr. Filotto stated that the proposed location would only be a roofing business and all equipment will be inside the building. It was noted that, if the map amendment is approved, the Petitioner has to provide a site plan.

The Petitioner owns eleven (11) acres of land.

Ms. Rousonelos asked how far would the setback be. Mr. Filotto responded the setback would be approximately one hundred (100’) feet.

Mr. Jackinowski asked if the Petitioner first requested a roofing contractor building or an outdoor storage facility. Mr. Asselmeier answered that the Petitioner requested a contractor’s building with no outdoor storage. Mr. Asselmeier stated this meeting was to determine if the property can be rezoned from A-1 to B-3. If this is approved, the Petitioner will receive B-3 zoning and could obtain the requested conditional use permit.

Mr. Jackinowski and Ms. Rousonelos asked where the building would be. Mr. Asselmeier stated the Petitioner would have to obtain site plan approval.

Member Thompson asked if the Petition could have conditions. Mr. Asselmeier stated this meeting is for zoning only and map amendments cannot be conditioned.

Mr. Filotto stated he will have a building that looks like a farm building. He will have paved roads on his property and a fence line so that the neighbors will not be able to see the business.

Vice Chairman LeCuyer stated that the Land Resource Management Plan allows for the zoning that the Petitioner is requesting.

Vice Chairman LeCuyer adjourned the public hearing at 7:48 p.m.

Member Fox made a motion, seconded by Member Cherry, to approve the Findings of Fact.

The votes were as follows:

Ayes (4): Cherry, Fox, LeCuyer, and Thompson

Nays (0): None

Abstain (0): None

Absent (3): Mohr, Prodehl, and Whitfield

The motion carried.

Member Cherry made a motion, seconded by Member Thompson, to recommend approval of the map amendment.

The votes were as follows:

Ayes (4): Cherry, Fox, LeCuyer and Thompson

Nays (0): None

Abstain (0): None

Absent (3): Mohr, Prodehl, and Whitfield

The motion carried.

The proposal goes to the Kendall County Planning, Building and Zoning Committee on July 8, 2024. The Zoning Board of Appeals concluded their review of Petition 24-11 at 7:49 p.m.

NEW BUSINESS/OLD BUSINESS

None

REVIEW OF PETITIONS THAT WENT TO COUNTY BOARD

Mr. Asselmeier reported that Petitions 24-06, and 24-09 were approved by the County Board.

PUBLIC COMMENTS

Mr. Asselmeier stated the next ZBA hearing will be on July 29, 2024 with two agenda items. One is regarding the solar panels on Simons Road and the other is a proposed text amendment, the Planning, Building, and Zoning is requesting regarding the depth of pipelines.

ADJOURNMENT OF THE ZONING BOARD OF APPEALS

Member Fox made a motion, seconded by Member Cherry, to adjourn.

With a voice vote of four (4) ayes, the motion carried.

The Zoning Board of Appeals meeting adjourned at 7:50 p.m.

https://www.kendallcountyil.gov/home/showpublisheddocument/30820