DeKalb County, Illinois
	Minutes of the Planning & Regulations Committee March 28, 2001

The Planning and Regulations Committee of the DeKalb County Board met on March 28, 2001 at 7:30 p.m. in the DeKalb County Administration Building, Conference Room East. In attendance were Committee Members Robert Hutcheson, Roger Steimel, Howard Lyle, James Barr, Thomas Smith, and Marlene Allen, and staff members Paul Miller and Marcellus Anderson. Audience members included Albert and Ebel, Jennifer Carroll, Christopher and Christine de Rama, Ray Haubaugh, Dale Hoekstra, Greg Millburg, Ruth Anne Tobias, and Peter Adrian.

Mrs. Allen moved to approve the minutes, seconded by Mr. Barr, and the motion carried unanimously.

Mr. Steimel moved to approve the agenda, seconded by Mr. Lyle, and the motion carried unanimously.

Mr. Miller explained that Christopher and Christine deRama have requested a Special Use Permit to allow an operation of public stables, including the provision of riding lessons, on the property. The parcel is zoned A-1 Agricultural. Mr. Miller stated that the Hearing Officer recommended approval with conditions listed in his Findings of Fact in the Committee’s packet.

Chairman Hutcheson asked if any Committee Members had any questions. There were none.

Mr. Steimel moved to recommend approval with the conditions stated by the Hearing Officer, seconded by Mrs. Allen, and the motion carried unanimously.

INTERIM SPECIAL USE - Request of Albert & Elwanda Ebel for an Interim Special Use to allow a self-storage business on property at 34621 New Lebanon Road in Genoa Township,

Mr. Miller explained that the Ebel's were in front of the Committee for the second time. The Committee had considered the proposal on January 24, 2001 meeting. At that meeting the petitioners requested that the matter be returned to the Hearing Officer for further testimony concerning screening of the exterior storage of vehicles. The Committee sent the petition back to the Hearing Officer for further consideration.

Mr. Miller said that a public hearing was re-opened on March 8, 2001. The petitioner presented several new exhibits, including a parking plan for the exterior storage of RVs, and photographs of the subject property from several directions. The applicant also submitted petitions and a letter of support from surrounding property owners. Staff expressed concern that the use would dominate the area, making the subject property look like an RV sales or storage lot despite the screening.

The Hearing Officer has submitted his additional Findings, and has repeated his recommendation that the interior self-storage be permitted, but that the exterior storage of RV’s and other recreational vehicles not be approved. The Hearing Officer’s recommendation includes the conditions from his report in the Committee’s packet.

Mr. Lyle asked if something happened to the petitioners, would the special use continue? Mr. Miller explained that the Hearing Officer recommended that the use be permitted only for the Ebel’s, and only for so long as they live on site.

Mrs. Allen stated that three years was not long enough to get the business up and running.

Mr. Hutcheson asked the Ebel’s if there were any construction required inside the agricultural buildings to accommodate the interior storage spaces? Mr. Ebel said that he would remove all pens and stalls. He also planned a 50 X 80 ft. storage in the basement. He said that the barn floor would stay. He would possibly heat the storage area in the basement.

Mrs. Allen suggested that five years might be more appropriate given the need to retrofit the buildings? Mr. Miller stated that the retrofitting should only take about a couple of months to complete.

Chairman Hutcheson said that a precedent would be set in this case and that Committee should be aware of that. He stated that it will open the door to others. He also pointed out that Mr. Simonson dropped off information on his views of the proposal. Mr. Miller read Mr. Simonson’s letter into the record of the meeting. Mr. Simonson expressed opposition to the use, writing that the Comprehensive Plan should be our foundation for all decisions. He indicated that the use does not fit the area because it is a commercial use. He suggested that there is financial aid is available to the Ebel’s if money is the major issue. In his letter, Mr. Simonson recommended denial of the this proposal.

Mr. Steimel was sympathetic with the petitioners, but he stated that a yes vote means setting a precedent. He added that he hated to open the door to others. Mr. Lyle said the same. He stated it was a difficult vote, but he had no problem with the petition as long as the Ebel’s will restore the barns.

Mr. Smith made a motion to recommend denial for outside storage, but approval of the interior self-storage use with the conditions recommended by the Hearing Officer. Mr. Steimel seconded the motion. Four members voted "yes" and two voted "no." The motion carried to recommend approval of the Interim Special Use Permit for the interior self-storage business only, and denial of the proposed outside storage of recreational vehicles.

Chairman Hutcheson stated that the Committee Members’ packets had printed material regarding the renewal of the Landfill License to read at their leisure. Mr. Hutcheson asked Dale Hoekstra, Division Vice President, Waste Management, to make a presentation on the landfill operation.

Mr. Hoekstra presented a large aerial photo of the operation. He stated that the landfill had 77,000 tons of garbage last year to the 88-acre facility. The operation sells compost to the public and Midwest trading companies. He highlighted the current "cell" which is being filled, and indicated where future "cells" may be developed. He noted that Waste Management continues to be in the position of evaluating whether or not it will remain profitable to operate the landfill.

Mr. Steimel asked when did the cement well start being utilized? Mr. Hoekstra answered that it has been a couple of years. He added that there’s a potential for three more cells to be developed. But he said the consideration would be labor costs rising, more competition, and the volume is falling.

Mr. Smith asked how the seepage was kept from the landfill? He added that some contamination occurred from old waste from the 1950's.

Mr. Hoekstra stated that they are planting trees to absorb underground water. He said that beavers destroying the trees and damming the drainage ditch has been an issue, however.

Mr. Hutcheson added that this is not a host fee, but an annual report. He said that he thought the fee was restricted by State law to be no more than $150 for the license.

Mr. Adrian from the DeKalb County Health Department stated that he thought they did a great job in maintaining the property. He added that it is estimated the landfill has a build-out capacity for 20 more years.

Mr. Hoekstra stated that the State of Illinois requires this by their calculations that differ from state to Waste Management status.

After some discussion, Mr. Steimel moved to recommend approval of the renewal for the Landfill License, seconded by Mr. Barr, and the motion carried unanimously. 

Mr. Miller said that everyday in the Planning Office, calls are received inquiring whether a use is permitted, are buildings conforming, setbacks, where the lot is conforming, etc. The regulations in the Zoning Ordinance for nonconforming uses and buildings are sometimes and often subject to interpretation. He stated that the County Zoning Ordinance should be amended to clarify these regulations. He added that the regulations would not be changed, but that the language would be clarified. Mr. Miller stated that a draft revision of the regulations for nonconformities had been submitted for the Committee to review, and that the State’s Attorney’s Office and the Hearing Officer, Ron Klein, have reviewed the revised regulations and offered no additional changes. Mr. Miller asked the Committee if it deemed the proposed revision to the regulations to be appropriate. If so, then a public hearing for a Zoning Text Amendment would be scheduled.

Mr. Steimel said that times are changing as well and we want to remain current.

No one opposed Mr. Miller’s proposal to clarify the regulations. This issue will come before the Committee after a public hearing is held.

Mr. Miller said that on February 24, 2001, the County Board heard a presentation on regional planning. The Board has indicated support for staff to continue looking into regional planning issues in general. He stated that the Committee Members have the report from the February 24 workshop for discussion purposes.

Mr. Miller stated that drainage issues and regulations are still an issue. It is important that everyone be on the same page.

Mr. Miller explained the idea to create a Regional Planning Commission which would be responsible for creating a comprehensive plan that would serve both unincorporated DeKalb County and the municipalities within the County. Further, the Regional Planning Commission would review all development proposals on properties that are unincorporated, even those that are to be annexed to a city, and make recommendations to the decision makers. Because the cities would continue to decide which projects are approved, there would be no loss of municipal authority, but a county-wide perspective would become part of development. Mr. Miller suggested that, if the Committee endorsed the concept of a Regional Planning Commission, the next step might be to sit down with municipal mayors and presidents to further explore the idea.

Mr. Smith asked if this regional planning is funded. Mr. Miller said that funding would be addressed at a later date.

Following discussion, Mr. Smith moved that the Committee encourage the County Board Chairman to undertake further study of the regional planning idea. The motion was seconded by Mr. Steimel, and passed on a vote of five "yes" and one "no."

Mr. Steimel moved to adjourn, seconded by Mr. Lyle, and the motion carried unanimously.

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