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DeKalb County, Illinois |
Minutes of the
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The
Planning and Regulations Committee of the DeKalb County Board met on February
27, 2002 at 7:30 p.m. in the DeKalb County Administration Building, Conference
Room East. In attendance were
Committee Members Robert Hutcheson, Roger Steimel, Clifford Simonson, Howard
Lyle, Veronica Casella, James Barr, Thomas Smith, and Marlene Allen, and staff
members Paul Miller and Marcellus Anderson.
Audience members included David Witheft.
Mr.
Hutcheson, Chairman of the Planning and Regulations Committee, called the
meeting to order. He noted all committee members were present.
APPROVAL
OF MINUTES
Mrs.
Casella moved to approve the minutes of the January 23, 2002 joint meeting of
the Planning and Regulations committee and the Public Infrastructure and
Development Committee seconded by Mrs. Allen, and the motion carried
unanimously.
APPROVAL
OF AGENDA
Mr.
Steimel moved to approve the agenda, seconded by Mr. Simonson, and the motion
carried unanimously.
ZONING
TEXT AMENDMENT & VARIATION - - Request of Planning and Zoning Department for
approval of an amendment to the Zoning Ordinance to add language to the Use
Variation provisions of Article 10, Petition DC-02-01.
Mr.
Miller stated that this is a change to our ordinance to clarify the language
that currently exists and provision dealing with the use variations.
Use variation is the provisions the committee adopted in 1993, which
created the possibility that; certain lots of record parcels that were purchased
that were buildable at another time under previous building codes might still be
considered buildable following a Public hearing and certain criteria have been
met. One of those criteria is that
the parcel was legally and recorded and existing prior to October 20, 1976.
That is the date of the ordinance that established the 40-acre rule.
The
staff had a matter come up in 2000 where a Use Variation Application was brought
to us for a piece of property whose legal description for the actually property
itself did not pre-date 1976. The
argument was brought forth that it was a remnant of a parcel that did pre-date
1976. This matter was a subject of
an appeal of Mr. Miller’s decision that it did not meet the criteria and the
Hearing Officer agreed, but it went to Judge Klein.
Judge Klein reversed the order and said we need to accept the application
for the Use Variation because there was some ambiguity.
What
this language would do is clarify what staff believes was the original intent of
this provision which it would add the legal description of this land has not
changed since 1976 by the addition or subtraction of lands.
In other words this is the parcel that you bought when you bought it when
it was buildable and you have not added or subtracted since.
That is the case in every single Use Variation that we have granted to
date.
Ron
Klein conducted a public hearing on February 7, 2002 for this Use Variation.
We had one person, Attorney Charles Brown, who spoke in opposition.
Primarily because he represents the property owner who brought forth the
original petition where it was called in question.
The hearing officer’s recommendation was that the amendment be
approved. He also recommends that the new language not be applied to
the case that is pending right now for the Use Variation for Attorney Charles
Brown’s client. Staff has no
objection to that. That public
hearing is scheduled for next Thursday.
The
committee can approve it as drafted, approve it with amendments or recommend
denial to the County Board.
Mr.
Steimel asked what the original size of the parcel.
Mr. Miller stated that it was 16 acres in the 70’s when it was bought
and since then pieces have been sold.
The latest was in 1987, which sold an adjoining 4 acres and 1988 another
880 ft wide strip was sold. That
resulted in the current 4.64 acre.
Mr.
Simonson asked if it was a lot of record in 1976.
Mr. Miller answered no, that this is the remnant of a parcel that
pre-dated 1976.
Mr.
Smith asked why prohibit the addition of land?
Mr. Miller stated that the reason is consistency. This was created for
people who bought a parcel that was buildable and held on to the parcel for the
day they wanted to build on it or sold it someone who wanted to build on it.
Mr.
Simonson moved to adopt to change the language, seconded by Mrs. Casella, motion
carried unanimously.
YEAR-END
REPORT - - Review of the year-end report of activities in the Planning, Zoning
and Building Department for FY 01.
Mr.
Steimel had a question about subdivision whose regulation that we elevated the
water and sewer line. Mr. Miller stated the man purchased the land before the
State’s Attorney’s office change the law.
The Hearing officer felt the person had unique circumstances and a hard
ship. It is a unique case and not
president setting.
No
other discussion was brought forth.
Mr.
Smith moved to adjourn, seconded by Mr. Barr, and the motion carried
unanimously.
Respectfully
submitted,
________________________________
Robert Hutcheson, Chairman
Planning and Regulations Committee Chairman
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