The Planning and Regulations Committee of the DeKalb County Board met on November 22, 2004 at 7:00 p.m. in the DeKalb County Administration Building; Conference Room East.  In attendance were Committee Members Roger Steimel, Howard Lyle, Marlene Allen, Eileen Dubin, Vince Faivre, James MacMurdo, Steve Slack, Sally DeFauw and Pat Vary, and staff members Paul Miller, Marcellus Anderson and Basia  Kardaras.  Audience members included: Dwain Larson, Leslie Larson, Alice Larson, and Gary Lothson.

 

Mr. Steimel, Chairman of the Planning and Regulations Committee, called the meeting to order, and noted that all members were present. 

 

APPROVAL OF MINUTES 

Mrs. Allen moved to approve the minutes for the October 27, 2004 meeting of the Planning and Regulations Committee, seconded by Mr. Lyle, and the motion carried unanimously. 

 

APPROVAL OF AGENDA    

Mr. Steimel added a discussion item in order to review comments and feedback regarding the scheduled “open houses” for the possible changes to the DeKalb County Zoning Ordinance. Mr. MacMurdo moved to approve the agenda, seconded by Ms. Vary, and the motion carried unanimously.

 

ZONING MAP AMENDMENT -- Request of Dwain Larson to rezone a one-acre property on the north side of Lions Road in Sandwich Township form R-1, Residential District to B-1, Business District, with a Special Use Permit for an auto repair facility, Petition SA-04-30.

 

Mr. Miller stated that Dwain Larson, representing the property owner, has filed an application for a Zoning Map Amendment and Special Use Permit for property located on the north side of Lions Road, approximately 1,430 feet east of South Dayton Street, in Sandwich Township.  The 1.16-acre property is currently zoned R-1, Residential District.  The proposal is to rezone the property to the B-1, Business District and grant a Special Use Permit to allow a vehicle service and repair facility.  The required public hearing was conducted on October 28, 2004 by DeKalb County Hearing Officer Ron Klein.  At the hearing, the petitioner presented exhibits and testimony in support of the proposed zone change. The petitioner proposes to improve the property with a paved and curbed parking lot and convert the building to his auto repair business.  The Mayor of Sandwich spoke in favor of the zone change, explaining that the recommendation of Residential use on the City’s comprehensive plan does not reflect what the City had envisioned for the future use of properties along Lions Road.  Staff noted that if the zone change is approved, any of the permitted uses in the B-1 District could take place on the property by right, without oversight or approval by the County Board.  Staff also pointed out that there is no adjacent B-1 zoning, and that the requested zone change would not be in compliance with the recommendations of the Unified Comprehensive Plan, and therefore the request would be “spot zoning.”  No other members of the public spoke in favor of or in opposition to the petition.  Mr. Miller noted that the subject property had been rezoned from agricultural to residential in 1996 by the previous property owner.  The property already included at that time the pole building that is currently on the site.  No house was ever constructed on the property, and the petition before the County would rezone the property again and allow it to be used as an automobile repair business.  Mr. Miller stated that the petitioner’s business has been in the City of Sandwich for many years, but that the petitioner is seeking a new location because of rising rental costs for his existing facility.

 

Mr. Steimel questioned when the existing building was built and if it was it zoned A-1 at the time.  Mr. Larson clarified that the building was erected in 1992 and at that time the zoning was A-1.

 

Mrs. Allen noted that the previous owner, Mr. Webb, erected the building to store his machinery and construction equipment, in order to support his small business.  She added that this request is a hardship case and that the Larson’s have been in business in Sandwich for 38 years. This was an opportunity for the Larson’s to continue a viable business in the community and avoid being subject to rent increases.

 

Ms. Vary mentioned her concern with the request constituting “spot zoning,” and with the uncertainty of future business uses should the auto repair business not get started or close in the future.

 

            Mr. Steimel asked if Special Use conditions would apply in this case.

 

Mr. Miller said that there would be conditions tied to the Special Use permit, however, not to the rezoning of the property.  If the auto repair business closed, the property would be zoned B-1, and any permitted use could occur there without any County conditions or oversight.

               

Mr. Faivre asked if the zoning were changed, would there be any bearing if the Larson’s, or future owners, wanted to operate another type of business on the property.

Mr. Miller stated that any permitted use could take place without County approval, but any new Special Use would need to get a new Special Use Permit.   

               

             Ms. Vary asked if in the future the property could be rezoned back to A-1.

 

Mr. Miller noted that rezoning the property would require a new application and public hearing.

               

Mr. Faivre acknowledged staff’s opposition to the requested change, and stated that staff was doing it’s job in making that recommendation since it is staff’s responsibility to abide by the Comprehensive Plan.  However, Mr.  Faivre pointed out that it was the responsibility of the County Board to address any grey areas that might make deviating from the Comprehensive Plan the right thing to do, and determine the most appropriate course of action.  Mr. Faivre supported the rezoning from R-1 to B-1 and the granting of a Special Use with the conditions recommended by the Hearing Officer.

 

Ms. Vary opposed the rezoning in order to stay consistent and true to the Comprehensive Plan and, at the same time, avoid spot zoning and control growth. 

 

Mr. MacMurdo supported the rezoning, and felt  Mr. Larson could make a viable business out of an otherwise unusable piece of property.

 

            Mr. Lyle, Mr. Slack, Mrs. Allen, and Mrs. Dubin were also in favor of the rezoning.

 

Ms. DeFauw stated that she felt that there were too many grey areas associated with the request, and therefore opposed the rezoning.

 

Mrs. Steimel was in favor of the change as long as the appropriate conditions were attached to the Special Use Permit.

               

Mrs. Allen moved to approve the Map Amendment and Special Use Permit, including the conditions recommended by the Hearing Officer, seconded by Mr. Lyle.  The motion carried with seven “yes” and Ms. Vary and Ms. DeFauw voting “no.”

 

DISCUSSION ITEM -- Scheduled Open Houses for the proposed changes to the DeKalb County Zoning Ordinance.

 

Mr. Steimel asked staff and the Committee if they had any feedback regarding the scheduled Open Houses for the possible changes to the Zoning Ordinance.