DeKalb County, Illinois
	Minutes of the Planning & Regulations Committee May 23, 2001

The Planning and Regulations Committee of the DeKalb County Board met on May 23, 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, Marlene Allen, and Clifford Simonson, and staff members Paul Miller and Marcellus Anderson. Audience members included Pastor Robert Johnson and Greg Millburg.

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

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

SPECIAL USE PERMIT - - Request of Northside Baptist Church for approval of a Special Use Permit for the existing church and to allow two structures and a parking lot extension on its property at 17347 Pratt Road in Sandwich Township, Petition SA-01-03

Mr. Anderson reported that the Northside Baptist Church has filed a petition for a Special Use to approve two accessory buildings on the church property and the expansion of the church parking lot. The property is zoned A-1, Agricultural District. A public hearing on the request was held on April 26, 2001 by DeKalb County Hearing Officer Ron Klein. Two members of the public spoke in opposition to the request, citing the negative visual impact of the mobile structure which has been pulled onto the property on the adjoining cemetery to the east. Mr. Anderson noted that the intends to make the building comply with all applicable County codes and blend with the existing buildings on the church property. He continued that the Hearing Officer recommended approval of the Special Use Permit with conditions (see packet). Mr. Anderson said that the Committee is requested to consider this petition and forward a recommendation to the full County Board for action.

Mr. Simonson asked the size of the church or, more specifically, the seating capacity? Mr. Anderson answered that the church has seating for 240. Mr. Simonson asked if the traffic would have a higher flow after the extension? Pastor Johnson answered that the seating capacity is presently 240 and it would not increase after the extension. Mr. Smith asked what was the need for the parking lot extension then? Pastor Johnson said though presently parishioners park on the grass, double or triple park, and the asphalt part of the existing lot is wet and messy with some weather. The need for the extended parking lot is apparent on Sunday. Mr. Anderson added that the petitioners have complied with the 60 spaces requirement and handicapped parking spaces in the proposed extension.

Mrs. Allen stated that she had a problem with the mobile structure, which was pulled onto the site without required County building permits. She stated that the church has proceeded to put concrete piling in the ground for the structure without having waited to see if it would be approved. Mrs. Allen also expressed concern about the length of time the mobile unit would be in place. The Hearing Officer has recommended four years, but Mrs. Allen said that this doesn’t seem temporary to her. If the church doesn’t have the money, perhaps they won’t either in the future and this temporary building might become permanent or requested to be permanent.

Mr. Miller commented that the petitioners insist that the mobile home will not be left on the site. Even if the church changed it’s mind and decided it wants the building to become permanent, the church would have to come to come back to the County for an amendment to the Special Use Permit. This would require a new public hearing, which would give anyone who has concerns a chance to be heard, and the County Board could choose to approve the permanent use of the building or not.

Mr. Steimel added that the petitioners should have a ‘slap on the wrist’ for not applying for the necessary permits. But he thought the petitioners would comply with all the conditions of the recommended approval by the Hearing Officer.

Mrs. Allen commented that it was going to be expensive to comply with all the conditions. She said that the other accessory building had been constructed on the site without a permit also.

Mr. Smith asked what the County’s recourse would be if they don’t meet conditions? Mr. Miller said that they would be a violation and would perhaps have to appear before the Code Unit Hearing if they did not comply voluntarily with the conditions of the Special Use Permit. Mr. Miller added at this time that the petitioners had been cooperative since they found out they needed to apply for the Special Use Permit as well as building permits if approved.

Mrs. Allen moved to recommend denial of the Special Use Permit for Northside Baptist Church, seconded by Mr. Barr. The motion failed three votes to four.

Mr. Steimel moved to recommend approval of the Special Use Permit with the conditions recommended by the Hearing Officer, seconded by Mr. Smith. The motion carried, four votes to three.

Mr. Miller stated that the Planning Department has filed a petition for an amendment to the text of the County Zoning Ordinance in order to revise the regulations governing nonconforming uses, buildings and lots. He explained that the regulations for nonconformities are used daily by the Planning and Zoning Office, but that the regulations as they currently exist are sometimes confusing, unclear or simply silent. He stated that staff has redrafted the regulations to make them more understandable. The redrafted regulations do not create new regulations, only attempt to better explain was the rules are for both staff and property owners. Mr. Miller stated that staff had applied the draft regulations to over 20 test cases to see how they would work. In response to the request of Mr. Steimel, he cited one of the test cases for the Committee. He said that the draft regulations had been reviewed by both the Hearing Officer and the State’s Attorney’s Office.

Mr. Miller stated that a public hearing for the proposed Text Amendment had been conducted by Hearing Officer Ron Klein on May 10, 2001. No members of the public attended. The Hearing Officer recommended approval of the proposed Zoning Text Amendment with one technical addition. The Committee is requested to consider the change to improve the regulations regarding nonconformities and forward to County Board.

After a brief discussion, Mr. Simonson moved to recommend approval of the Zoning Text Amendment regarding nonconformities, seconded by Mr. Barr. The motion carried unanimously.

Mr. Smith moved to adjourn, seconded by Mr. Barr, and the motion carried unanimously.

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