DeKalb County, Illinois
	Minutes of the Planning & Regulations Committee June 27, 2001

The Planning and Regulations Committee of the DeKalb County Board met on June 27, 2001 at 7:30 p.m. in the DeKalb County Administration Building, Conference Room East. Committee Members included Robert Hutcheson, Roger Steimel, Veronica Casella, James Barr, Howard Lyle, Marlene Allen, Clifford Simonson, and Thomas Smith. County staff present included Paul Miller and Marcellus Anderson.

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

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

Mr. Miller explained that the petitioner, Brian Bethke, has filed a petition for a Use Variation, in accordance with the requirements of Section 10.01.F of the DeKalb County Zoning Ordinance. A Use Variation is a special provision of the Zoning Ordinance which creates the possibility that properties which were platted before October of 1976 (Lots of Record), may be buildable for a single-family residence even though they are less than 40 acres in size, which is the minimum lot area required in the A-1, Agricultural District. Petitioners for Use Variations must also prove that the properties were zoned agricultural before 1991, that they have owned the properties since 1993, and that they paid a premium price above typical agricultural land price because the properties were buildable at the time they were purchased.

Mr. Miller stated that a public hearing on the request was held on June 14, 2001. The petitioner testified that the site had been used for an orchard in the past, but the apple crop has failed and there are no other viable uses for the property. Mr. Bethke testified that he had purchased the property at a price that reflected a residential use for the property. No members of the public spoke in favor of or in opposition to the request. The Hearing officer recommended approval of the Use Variance. Mr. Miller explained that the Committee could forward to the County Board a recommendation of approval, conditional approval, or denial.

Mr. Simonson asked how long will the County consider Use Variances on such properties under 40 acres to construct a single-family residence? Mr. Miller answered that the County talked about closing this "loophole" in the 40-acre rule at the time of adoption of the new Comprehensive Plan. However, the County felt there were still enough property owners in the situation of owning undeveloped land which was buildable at the time it was purchased to leave open the possibility for those property owners to get relief from the 40-acre requirement.

Following discussion, Mr. Smith moved to recommend approval of the Use Variance, seconded by Mrs. Casella, and the motion passed unanimously.

 

Mr. Miller stated that Brian Bethke also has filed for a Use Variation to approve construction of a single family dwelling on a five-acre property located on the north side of Cherry Valley Road. He explained that a public hearing was held on June 14, 2001, with the petitioner again testifying that the site has been used for an orchard in the past, but the apple crop failed and there is no other viable use for the property. Mr. Bethke testified that the purchase price reflected that a house could be

constructed on the property. He further testified that he understood that the existing Special Use Permit on the property for the production and sale of sweet and hard cider would cease if he sells the property. No members of the public spoke at the hearing.

Mr. Miller added that the Hearing Officer recommended approval of the Use Variance. He explained that the Committee could recommend to the full County Board approval, approval with conditions or denial of the proposal.

Mr. Simonson asked if the original intent of these five-acre parcels was for retirement homes for the farmer that owned the property? Mr. Miller explained that the Use Variation procedure is intended for the long-time owner of the property to be able to have a house on the property, whether for themselves or to sell.

Mr. Simonson asked if the parcels under consideration were both suitable for septic permits. Mr. Miller answered that there are many different types of septic systems, and that five acres is generally large enough to accommodate a septic system regardless of the soil type.

Following discussion, Mrs. Casella moved to recommend approval of the Use Variation, seconded by Mr. Smith, and the motion carried unanimously.

 

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

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