Jo Daviess County Planning Commission/Zoning Board of Appeals Minutes for Meeting At the Courthouse-7:30 PM April 24, 2002

Transcription

1 Jo Daviess County Planning Commission/Zoning Board of Appeals Minutes for Meeting At the Courthouse-7:30 PM April 24, 2002 Call to Order: Mel Gratton called the meeting to order at 7:30 p.m. Roll Call Present: Planning Commission: Melvin Gratton Susie Davis Tom Heidenreich William Tonne Nick Tranel Staff & County Board Members: Duane Olivier, County Administrator Steve Keeffer, Highway Engineer Heather Eisbach, Environmental Health Glen Weber, States Attorney Linda Delvaux, Building & Zoning Merri Berlage, Jo Daviess County Board Chairperson Sally Toepfer, Jo Daviess County Board Member Approval of Minutes: A motion was made by Tom Heidenreich to accept the March minutes. Seconded by Nick Tranel Voice Vote: Tom Heidenreich Aye Nick Tranel Aye Susie Davis Aye Mel Gratton - Abstain Mel Gratton swore in all who might want to testify on any request this evening. The request by Stephen & Joan Sullivan for a variance from the required setback located at 9640 E Center Road, Stockton has been withdrawn. The request for a Special Use Permit by Richard Wilke for a single family home to be used for transient rental located at 5-A-23 Thunder Court, Apple Canyon Lake has been continued until the next regular Jo Daviess County Planning Commission meeting in May. Unfinished Business: None New Business: Alice Schubert, owner & Larry Randecker, petitioner, requesting a variance from the required setback of 80 feet from the centerline of the right-of-way or 50 feet from the property line, 1

2 whichever is greater, to 35 feet from the centerline of the road for the placement of an Agricultural Building. Address: South Back Road, Elizabeth Presented by Larry Randecker, petitioner: Would like to place an agricultural building Would be replacing an existing building that has been torn down Small parcel of ground, would not be able to farm that ground Could not move building any further back because of drainage ditch Across the road is not an option or would not be suitable Public Testimony None Public Testimony Closed Discussion: Staff Report The Staff Development Review Committee has reviewed the request by Alice Schubert, owner, and Larry Randecker, petitioner, for a variance in the front setback line for the construction of an agricultural building on South Back Road. The Zoning Ordinance requires a setback of 80ft. from the centerline of South Back Road or 50 ft. from the property line, whichever is greater. The normal right-of-way for a township road is 66 ft., 33 ft. on each side of the centerline. The petitioner requests a front setback variance of 45 ft. to construct an agricultural building 35 ft. from the centerline of South Back Road. The Zoning Ordinance sets forth certain standards that must be considered before a variance can be granted by the Zoning Board of Appeals. The petitioner must present evidence which indicates that the requested variance qualifies under the terms set forth in the Zoning Ordinance. The petitioner s property may have topographic conditions, a small creek runs approximately parallel to South Back Road behind the proposed agricultural building that would warrant consideration of a setback variance of some amount. The Staff Development Review Committee recommends that a variance be approved only if the petitioner can provide evidence that factually supports a positive finding for each of the variance standards. Consideration of the flood plain was a concern, responded that the water has not reached the building in the 50 years he has been there. He also states that the building will be elevated somewhat. Would it be an option to change the flow of the drainage ditch? Drainage ditch is very deep and would be placed on unstable ground. Drainage ditch only fills when the water rises very high. Not much traffic on that road and seems that the road is the obstruction Buildings on this road are setback even closer than what they are asking for. Across the road not an option or would not be suitable because it impairs site distance for the road and also utilizes some very nice farm ground. 2

3 Mel Gratton read the standards from the County Zoning Ordinance that need to be addressed. D. Standards for Variance (1) The Zoning Board shall not vary the regulations of this Ordinance, as authorized in Paragraph A above, unless it shall make findings based upon the evidence presented to it in each specific case that i. The plight of the owners is due to unique circumstances ii. The variance, if granted, will not alter the essential character of the locality (2) In determining whether the strict application of the Zoning Ordinance creates practical difficulties for, or imposes a particular hardship on, an applicant for a variance, the Zoning Board shall consider the extent to which the following facts have been established by the evidence: i. The particular physical surroundings, shape, topographical condition of the specific property involved would result in a particular hardship on the owner, as distinguished by a mere inconvenience, if the strict letter of the regulations were carried out The hardship is that the size of the farming operation is outgrowing where they placed the road originally. ii. The conditions upon which the petition for variance are based are unique and would not be applicable, generally, to other property within the same zoning classification This may be a unique situation, but it may be applied to other property within the same zoning classification. iii. The purpose of the variance is not based exclusively upon a desire to obtain higher financial return on the property This doesn t seem to be an issue here. iv. The alleged difficulty or hardship has not been created by any person presently having an interest in the property The property has been farmed by the same person for many years. v. The granting of the variance will not be materially detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located This doesn t seem to be an issue here. 3

4 vi. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger of fire or endanger the public safety, or substantially diminish nor impair property values in the neighborhood The variance will not impair, but only further the farming operation. A motion was made by Nick Tranel to recommend approval for the placement of an agricultural building 35 feet from the centerline of the road Seconded by Tom Heidenreich Roll Call Vote All Ayes Tim Petitgout & Lori Simon, owners, requesting a rezoning from Ag-1 General Agriculture to R- 1 Rural Residential. Common Address: JFK Road, just west of 1 st Addition to Presidential Manor, East Dubuque Presented by Jim Tranel, Attorney representing owners: Purchased approximately 21 acres of property in January Would like to build a home on the 2.8 acres of the 21 acres Only two notifications needed to be sent out due to the sizing down of the parcel from 21 acres to 2.8 acres, but others were notified. Access to the property would be an easement from the frontage road, which is an old farm access. Also an additional old road that runs on their land could be used as an access except for a small portion that runs between their property and JFK Road, which is Dunleith Township property. Owners have secured an access easement from Dunleith Township of that property. When they acquired the property they had certain restrictions to abide by in the deed. The use of the real estate conveyed hereby is subject to the following restrictions : 1 The premises contains a rock quarry, the use of which for quarrying purposes is hereby barred and prohibited, including blasting, crushing, and storing of all heavy equipment incident thereto. 2 No hunting shall be permitted on the premises nor shall any firearms by discharged thereon or into the quarry face. 3 No business or commercial use shall be made of the premises, including the storage of construction equipment and building materials. Excepted there from is the use by the purchaser of equipment necessary to clean up and maintain the premises. 4 No racing or climbing by cycles, snowmobiles or all-terrain vehicles shall be permitted. Owners and family have right to operate their personal cycles, snowmobiles, or all terrain vehicles on the premises. Not good farm land, would be the best use for this property Points out of the Zoning Ordinance 13.7 Guidelines for Amendments (Rezoning) and Special Uses - The proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood 4

5 Public Testimony Ed Vandermillen, 16 Truman Drive, East Dubuque Procedural question about the notifications of contiguous property owners and if all were returned Thinks the use of the road would also need to have adjoining property owners notified Jim Tranel, Attorney representing petitioner Zoning of the 2.8 acres is the only property that is being rezoned and only contiguous property owners of that property would need to be notified Jim Melssen, 16 Johnson Court, East Dubuque Would like the owners to amend and remove part of number 4 of the deed restrictions - Owners and family have right to operate their personal cycles, snowmobiles, or all terrain vehicles on the premises. Jim Tranel, Attorney representing owners They are not within 500 feet of the 2.8 acres that is being rezoned. Has been Ag land forever and the rest will remain the same Tom Shehan, realtor Had talked to the neighbors to what was going to happen to the 21 acres Bob Thompson, 15 Johnson Court, East Dubuque Concerned about values of the property Also concerned from the noise that may arise from the property Jim Melssen, 16 Johnson Court, East Dubuque Concerned with the use of the 2-wheel and 4-wheel motor vehicles on the land and the noise that may be a disturbance. Ed Vandermillen, 16 Truman Drive, East Dubuque Concerns with the use of the land with the Comprehensive Plan Had plans to buy and preserve the land Object to the way they say they are going to do this and is afraid of what will happen Tom Shehan This land is not part of the subdivision and does not have covenant restrictions. Vicki Simone Certain standards also have to be met for rezoning Julie Concerning with where they will be building. Will be building on lower bluff. 5

6 Nancy Winter Concerned with who is the one to keep up on the deed restrictions. The adjoining land owners are the ones. The Ag land is in a gray area for putting a house on that property as an ag home Jim Tranel, Attorney representing owners The main concern is on the 2.8 acres The land has more restrictions now than what it did before as general ag land. Petition is presented by Ed Vandermillen, with 100% of the contiguous property owners. We oppose the rezoning for the following reasons: 1. Petitgout/Simon have stated their intention to use snowmobiles and all terrain vehicles a use not permitted to adjacent property owners. This would produce a noise nuisance to neighbors, potentially threatening to property values. 2. Petitgout/Simon have stated they also plan to further divide their property for other family members housing. Their intention would violate the intent of Goal IV of the Jo Daviess County Comprehensive Plan (adopted 9/99) which states all development decisions should be made to protect undeveloped ridge tops, knolls, vistas and bluff lands. 3. Furthermore, the Petitgout/Simon plan to develop their property, use snowmobiles and all terrain vehicles would seriously compromise visitors enjoyment of the adjacent historic Frentress Family Cemetery and the preservation of the historic farm woodland environment. Public Testimony Closed Discussion: Staff Report The Staff Development Review Committee has reviewed the request by Tim Petitgout and Lori Simon to rezone from AG-1 Agricultural District to R-1 Rural Residential District a acre parcel located on the east side of JFK Road north of U.S. 20. The purpose of the rezoning is to allow the construction of a single-family residence. The property in this petition is located near the City of East Dubuque and adjoining the Presidential Manor Subdivision. The proposed rezoning is consistent with other single-family residential development in the area. Although the parcel is large, only a small portion of it is useable for residential development due to the previous quarrying activity on the property. It is the intention of the petitioner to use only a small portion of it for residential development purposes. In the past in similar situations, a property owner is asked to identify the area to be developed and the County has only rezoned the development area. The petitioner has submitted a sketch plan and legal description for a 2.8 acre building site using the southerly portion of the acre property and incorporating the area proposed to be used for the septic system. Access to the property is from JFK Road or alternatively via a 40 ft. wide easement for ingress and egress from the frontage road along U.S. 20. It is the intention of the petitioner to use the access off JFK Road. Because of the location of the driveway off JFK Road relative to a curve in the road to the north and the speed of traffic on 6

7 JFK Road, there may be a concern for safe sight distance for traffic exiting the driveway. The County Engineer should make a determination on this matter. A Soil Investigation Report performed by Mr. Tom Golden indicates that there is a small amount of soil south of the proposed building site to accommodate a septic system for a 3 bedroom home, but that there is little or no area available for a replacement system. If, in the future, the septic system fails, the existing system would need to be removed and a new system put in its place which may include adding a sand filter to the septic system. The City of East Dubuque has reviewed the proposed rezoning and has submitted a favorable letter. A copy of this letter will be provided to the Planning Commission at its meeting on April 24 th. Based on the foregoing, the Staff Development Review Committee recommends that the proposed rezoning be approved for the 2.8 acre development site subject to the driveway being approved by the County Engineer providing a safe site distance for exiting the driveway. Steve Keeffer states that the 350 feet site distance to the North is adequate with the posted speed limit of 20 MPH Heather Eisbach states there is one site for the septic and that replacement would need to be sand filter if failed Septic is adequate for a three-bedroom home Surrounding area is in the contiguous growth area Find nothing that would devalue the surrounding property A motion was made by Susie Davis to recommend approval for the rezoning of 2.8 acres from Ag-1 General Agriculture to R-1 Rural Residential Seconded by Tom Heidenreich Roll Call Votes: All Ayes Deborah Dole, owner, requesting a rezoning from Ag-1 General Agriculture to R-1 Rural Residential. Common Address: North Hoppe Road, just South of E. Schapville Road, Elizabeth Presented by Paul Brashaw, representing owner: Currently has 17 acres of property Would like to build a new home on 3.03 acres Have not been any splits on the property therefore it is exempt from the plat act Site distance seems adequate Seems like the best use of the property Access would be 100 feet up the hill from where indicated Public Testimony Martin Hippie, neighbor Concern to where the house will sit, lighting, and noise down in the valley. Once the land is rezoned it could be sold as residential and anyone can put a home on it. 7

8 Freda Weis, neighbor The wooded area is a valley and is a corridor for the animals Concerned about building a home outside of the contiguous Schapville area Public Testimony Closed Discussion: Staff Report The Staff Development Review Committee has reviewed the request by Deborah Ann Dole to rezone from AG-1 Agricultural District to R-1 Rural Residential District a 3.03 acre parcel located on North Hoppe Road. The purpose of the rezoning is to allow the construction of a non-farm related residence. The property in this petition is located near the community of Schapville. A number of non-farm single-family homes exist on North Hoppe Road and in the area of the proposed rezoning. Many of these homes may be considered to be zoned R-1 Rural Residential or RP Planned Residential under the terms of the Zoning Ordinance which grandfathered in as R-1 those subdivisions in existence prior to the Zoning Ordinance whose lots were 2-acres and as RP those subdivisions whose lots were 1 to 2 acres. The proposed rezoning would seem to be consistent with other singlefamily residential development in the area. Although the property is only 3.03 acres, it may be created as a first time split from a larger parcel. However, because the parcel is being newly created it must comply with the minimum lot size requirements of the Zoning Ordinance. In the R-1 Rural Residential District the minimum lot size is not less than two (2) acres and the minimum lot width is not less than two hundred (200) feet... at the front property line. (Article V, Section 5.3) The parcel proposed to be rezoned complies with the minimum lot area and width requirements of the Zoning Ordinance for R-1 District zoning. A Soil Investigation Report performed by Mr. Lester Johnson appears to be for an area east of the parcel being considered for rezoning. If the area investigated is to be used for a septic system for a home on the parcel being considered for rezoning, the area of the parcel should be expanded to incorporate to include the area investigated for a septic system or an easement must be created to reserve and protect the septic system area. Additionally, a soil investigation should be conducted on the parcel to determine if there is an adequate area for a future replacement septic system. The County Engineer has reviewed the sight distances along this part of North Hoppe Road and reports that the proposed access to this property is adequate. Based on the foregoing, the Staff Development Review Committee recommends that the proposed rezoning be approved subject to: 1) incorporation in the parcel area or reservation by easement of the area to be used for the septic system drainage field; and 2) additional soil investigation on the parcel to determine if a suitable area is available for a replacement septic system in the future. Heather Eisbach states that Lester Johnson did a soil test which was about 500 feet from the road, which the distance would only be about 300 feet. Seems to be good soil on both reports. Good place for the home site and would not be intrusive 8

9 A motion was made by Tom Heidenreich to recommend approval for the rezoning of 3.03 acres from Ag-1 General Agriculture to R-1 Rural Residential Seconded by Nick Tranel Roll Call Votes: All Ayes Thomas Droessler, owner, requesting final plat approval of Lots 1-9 of Rolling Hills Second Subdivision to Menominee Township. Location: off of Indian Ridge Road, East Dubuque Presented by Paul Brashaw, representing owner: Provided the greenspace Condition 1of the preliminary plat does not apply to this final plat approval Sight distance must be improved at Howard Court, located at the southern end of the proposed subdivision. Have not accomplished condition 2 of the preliminary plat, but can address it at this time Discussion: The following conditions were attached to the motion of the preliminary plat 1. Sight Distance must be improved at Howard Court, located at the southern end of the proposed subdivision. 2. The developer should provide an easement to the Township at the northern end of the subdivision to allow for the improvement of sight distance when entering Route 5 off of Indian Ridge Road. 3. A temporary cud-de-sac must be installed on Lillian Court until such time as the road is continued and finished in one of the next two phases. (The Township Road Commissioner and the Jo Daviess County Highway Engineer must approve Condition s 1, 2 and 3.) Condition #3 would need to be installed or improved prior to the plat being recorded or would need some type of surety. Performance bond would be for the construction of the road and for the seal coat in an escrow until the road can be finished either this year or next year. That also included the cul-de-sac on Lillian Court. Between the preliminary and the final plat they have a year, but they may in writing request prior to the end of that first year an extension, which would be a year by year extension. A motion was made by Tom Heidenreich to recommend approval for the final plat of Rolling Hills Second Subdivision with the following conditions: 1. The developer should provide an easement to the Township at the northern end of the subdivision to allow for the improvement of sight distance when entering Route 5 off of Indian Ridge Road. 2. A temporary cul-de-sac must be installed on Lillian Court until such time as the road is continued and finished in one of the next two phases. (The Township Road Commissioner and the Jo Daviess County Highway Engineer must approve Condition s 1, 2 and 3.) 9

10 Seconded by Susie Davis Roll Call Votes: All Ayes Nick Tranel - Abstain Ralph Tranel, owner, requesting final plat approval of Lots 1-6. of John F Kennedy Acres 11 th Addition by Ralph Tranel. Location: Walnut Street, East Dubuque Presented by Nate Kieffer, MSA: Speed study was done and 34 MPH would require 250 feet of site distance distances meet the requirements The driveways on lots 1, 3 & 4 are restricted to the following: Lot 1 the driveway is restricted to a line that is parallel with the centerline of Ralph Court. Lot 4 the driveway is restricted to a line that is parallel with the centerline of Quail Drive. Lot 3 the driveway is restricted to as far northwesterly as the topographic conditions will allow. Lots 2-6 have a rear setback of one hundred (100) feet changes shown on plat Pre annexation agreement has been made with the City of East Dubuque Discussion: Steve Keeffer states that they did everything that was requested The requirements were met by the owner according to the Planning Commission The pre annexation states that when the City of East Dubuque becomes contiguous to the property then it would be annexed into the city. A motion was made by Susie Davis to recommend approval for final plat of John F. Kennedy Acres, 11 th Addition. Seconded by Mel Gratton Roll Call Votes: All Ayes Nick Tranel - Abstain Reports and Comments: Mel Gratton states that they are moving forward with rewriting and revising the ordinances. Nick Tranel made a motion to adjourn at 9:15 PM. Susie Davis seconded the motion. Voice Vote: All Ayes 10