Planning and Zoning Commission - Regular Meeting

It's the 40 in between that make a difference. Well, the Sox had to prove wrong by losing. Only winning 38 or whatever that one. But yeah, even the worst team in baseball usually got about 60 wins. And that's what makes baseball a better sport than maybe like football. Football, the worst team, never going to win the best, beat the best team.

Yeah, but football has a handicap system that's really nice. The worst teams get the first pick on the best players next year.

Yeah. And then in baseball, there's no clock, so you could be down 6 around 8 runs in that last inning. Yeah. It's been done.

Good evening. Ladies and gentlemen, this is a whole county board planning and zoning commission regular meeting of June. 2nd. Call this meeting to order and ask everybody to rise for the pledge of allegiance. Would you lead us in a pledge place to the flag for the United States of America and to the Republic for which it stands 1 nation under God indivisible with liberty and justice for all.

Have a roll call please.

Matt Garland here. Lewis never at Karen Warwick here. Roger button house in here Kimberly Mitchell. Yeah, chairman, you step in here.

I have a coin. I'm going to ask everybody who's going to speak tonight. To raise your right hands and I'll swear you in. I swear to tell the truth, the whole truth and nothing but the truth. So help me God. I do. Thank you. There's no minutes to approve, so our 1st case tonight will be case number ZC dash 20 success 021. And Jesus presenter would be our presenter.

They're correct. Yeah, 1. Order. They might be.

Okay, yes, I'll be going over zoning case. The owner property is market bank trust with John alone having 50% interest. And when I'm alone having 50% interest, the agent for this case is Henry Farnham of Charlie son LLC. The applicant is requesting variances for the number of required mowings and ground cover plant heights on an approved solar site. Can we have a. We have a screen a zoning map of the property. The subject property is outlined in red. Such a property is zoned a 1 and was approved for a special use permit for a commercial commercial solar energy facility through zoning case. 2, 3. 1, 1, 0 in 2024. Commercial solar energy facilities are required to adhere to section 155 dash 9.245 of the county zoning ordinance, which requires a minimum points of 5. And limits plant height to 2, 13 inches. At the time, when the applicant received a special use permit, the developer did not anticipate. To be a part of the adjustable block program, therefore, they did not request the required variances for noise and plant height after approval of their special use permit. The developer did receive an award from the black program. The program encourages the use of native pollinators, which to grow effectively need to be able to grow higher than 13 inches. The applicant is requesting the variances to continue working through the site development permit process with the proposed native pollinators on the site. Here we have just a quick screenshot showing the subject properly outlined in red and as much before the property was approved for a special use permit for a solar farm and there's a pending building permit for the construction of said solar farm. There is currently under review. For the land use department here, we have a screenshot showing the proposed landscaping plan for the site. And again, this is also included as part of the staff report. So you can get a better look there. Here we have a screenshot showing the proposed seed mixes for the site. And as mentioned before, this copy is a copy of this is also attached to the staff report. If you'd like to see more detailed view of it. Now, it's a few pictures of the property. This is a view looking north at the subject property. This is a view looking north from trolley road. Is of you looking North East from trolley road. Is of you looking Northwest from draw the road. If you look in East town, draw your road. If you're looking West down, draw the road. Now, to quickly go over the various standards and review criteria. The range requests were viewed based on the criteria. I'll land on the screen. A more detailed analysis can be found in your packets, but to summarize. As much for the state encourages commercial solar energy facilities to use pollinator friendly species native to Illinois. For these species to grow effectively, they need to be, they need to be able to grow higher than 13 inches. The applicant submitted an operations and maintenance plan as part of this variance application, aligning how maintenance of the site will be done. Staff also states that the variance will not alter the central character of the locality. Subject site is surrounded by a farm, Harold farm fields that can grow crops that often exceed. 13 inches in height. With that says that to receive a comment from the money fire per cycle protection district, stating that the district is opposed to the tall ground cover due to the potential contribution that will have to rapid fire spread on site. Staff is recommending approval of the 2 variances and I'm happy to answer any additional questions.

I have no questions anyone have any questions. Thank you very much. Are there any concerned citizens or objectives to this case tonight? No, there are not. There are no concerned citizens or objectives to this case. Would you like to come up and speak, or would you prefer us to just take a vote, seeing as you have a motion for approval from the staff? You're welcome to come up and speak.

You've got to come to a podium though. Good evening.

Mr. Chairman members of the commission. My name is Rick. I'm an attorney with Shane banks, Kenny and Schwartz. We're here tonight representing the petitioner. I'd like to turn it over to Henry farm. Um, who is going to who's our project manager who will kind of walk through exactly what, uh, what the request was and, uh, why we think it is the best interest to approve it.

Okay.

Good evening, Mr. commissioner and board members mission members. Excuse me. As Rick mentioned, my name is Henry Farnam. I work for Nexamp Solar. I'm representing Drolley Sun LLC. As Jesus mentioned, Drolley Sun LLC is an approved special use on the parcel and we are seeking to obtain a variance to the county's vegetation requirements for solar projects. Next slide please. So, I'm happy to provide some background a little bit of the project overview and timeline history as this project went through the special use process a few years ago. And then provide a few answers to the Mooney fire department's concerns and then about the pollinator vegetation requirements as well. So get to know Nexamp. We were founded in 2007 by Will Thompson and Dan Leary, who returned from active duty in the Middle East with a plan to alleviate America's dependency on foreign resources. Today, you know, 20 or 19 years later, Nexamp is harnessing clean energy and channeling it back into communities across the country as one of the largest clean energy developers in the U.S., We are maximizing our impact every day and recently completed the largest, our largest domestic module purchase with Helene USA, who is based out of Minnesota. This purchase or commitment to purchase totals 1.5 gigawatts of domestically produced modules. As I mentioned, we're nationally vertically integrated solar energy and storage company. We have headquarters in Boston and here in Illinois and Chicago. Uh, we develop manage and maintain solar projects across the country. Um, and we are the long term owners of the assets. Uh, we offer a wide range of residential, um, and commercial energy solutions, uh, primarily savings for our customers. Um, and our mission is to ensure. Equity accessibility transparency, uh, through our vertically integrated model. Uh, so, yes, the jolly son overview right here is our project layout. Um, as I, as he's just mentioned, we are permitted in 2024. the property owner is John Malone and I actually walked the site this afternoon with John Malone. Uh, he is excited to take the next step on the project, um, working towards our building permits currently, um, and site development permits. Um, and he is very supportive of the pollinator habitat. Um, that we're looking to, um, you know, have the property operate under, uh, the project capacity is 5 megawatts lifetime is between 30 and 40 years. Uh, as I mentioned previously, building permit is submitted. We're hoping to start construction in fall 2026 and the project will be completed in 2027. So, yeah, project timeline, we did purchase the project from 22 C development in 2024. this was a special use that was issued in early April of 2024, I believe. And, you know, after purchasing, we're now looking to go back and conform with the Illinois pollinator friendly. Solar site act, and I do want to mention Jesus mentioned this as well. Um, the Mooney fire protection district, um, did respond to outreach, um, saying they are opposed to the pollinators on site. Um, and up on the screen here, we have 2 side by sides. I want to highlight some of the design changes that we've worked really extensively with the money fire protection district over the past year. Um. so in the red on the left it's the previous trolley sun layout and so ignore the panels for me but the red road there i've tried to overlay it that was our previous access roads now on the right we have the same red there general layout but i've highlighted all of the extensions that we provided Uh, for the money fire protection district in yellow highlight there. So, as you can see, it's nearly double about the number of access we provided for them. And this is what the goal of having no more than 400 feet between any roadway surface and any panels in the project. So, reducing time for the fire department to respond to the site and so forth. I did also consult with, uh. Natural resource services, um, they are, they do a majority of our pollinator vegetation management plans in Illinois. Um, and what they noted about pollinators is that, you know, the species really grows the best during the summer months. Um, when a lower surface and turf grass might not grow as well. Um, and so what this means is that, you know, other species will go dormant during the summer months, but that. Pollinator surface will be will grow and remain greener, which aids in reducing the risk of fire on the property.

Yeah, we're only considering 2 things the height and the. Number of mowing, so if you could just go to those 2 things, we'd be appreciative.

Of course, yeah, so this is what I'm talking about here in the pollinator benefits and management. So, primarily for pollinators to take on the site, you need to allow them to grow beyond the county code, which is 13 inches for them to seed out and then results in further growth. It does take 3 to 4 years for them to really establish well on the site. So you need to allow them to get to that height. And then after which, you know, and they seed out, you can cut them low and, you know, they will grow back up. But it's really important for them to establish that we allow them to get to that height and above. Yep.

Okay. Yeah.

Thank you very much. Okay, so you see this 26, 0, 2, 1, slash V, 26, 1, 21 and V, 26, 1, 22. I request a motion from the board chairman for your above mentioned case.

I need to know to 1. Approval of variance and number required mowing from 5 to 1 time.

I have a motion to 2nd, I have a roll call please.

Thank you. Yes, Roger Ben housing. Yes.

Yes.

Karen work chairman you step in yes.

And for the same 1 ending in 0, 2, 1, the 2nd variance ending in 1, 2, 2, approve a variance for maximum ground cover plan height from 13 inches to 36 inches.

I have a motion to check a roll call place.

Yes. Roger Ben housing. Yes, Karen. Chairman you step in.

Yes.

All right, gentlemen, our next case tonight is.

Make sure we get in order here. Yeah. Zc dash 26 at 0, 2, 3. Slash s dash 26 dash 0, 1, 4 and V dash 26 as 137. And V dash 26, 138 and Marguerite Kenny will be our presenter.

Good evening.

Good evening.

So, zoning case before you is CC26023, which takes place in Custer Township. The property is known by the address 35332 Grant Street in Custer. The owner is Custer Township, where Kathy Lemole is the supervisor, Erin Grace is clerk, and then the trustees are Justin Grace, Jared Lunsford, Kyla Hedrick. Diane Shaw, and then, of course, the highway commissioner, who is also acting as the agents bill market. So, the property has been used by the township for road district purposes for the last 40 plus years. And the applicant is here tonight, bringing the property into compliance to build an additional building for the highway department needs for the township. So, I have the property on the screen this year. I think we've had the most. Properties that have unique characteristics and shapes. Um, so this definitely is 1 of them that has a very unique shape to it. The property consists of 4 separate parcels that the township has acquired over the years. All of which are zoned are 3, they're owned by the same entity, which is the township and they're proposed to function as a single zoning lot. So, combine this property is about 4 and a half acres, but it measures roughly 1, half mile from the northern tip to the southern. Um, so the irregular shape of the property is largely due to the 1 parcel ending in 014. Which was formerly the right of way owned by the Norfolk and Western railroad company. And this property is also, um. Part of the memo that was shared with you the forest deserve district. Has always I railroad right of ways as potential extensions for, uh, trails and recreational opportunities for the 1st reserve district. Um, so their memo is addressing kind of that shape and that former right of way. This property has frontage long route 113, which is approximately 76 feet to the north. Grant street has approximately 819 feet. Well, Hughes has about 560 feet to the east. Washington street has approximately 403 feet and then what's unique about this property is actually grant Avenue grant street. I think I've called it actually bisects the property towards the south of. The overall property where then it then intersects into old Hughes and at that location, um, the portion of the property is using an outdoor storage yard by the township highway district. Um, the customer township hall is directly across the street from the township highway commissioner or department's property. So this area kind of acts as a township, like, town center.

Um, if you will.

So I have on the screen, the zoning map, and you can see it's a mix of our 3 and a 1 properties. Primarily this location is also known as Custer Park, which was an old Hamlet of the county. So, looking at the service survey on the screen, you can see again uniqueness of the property. The overall survey is a little bit hard to see, but it is in your staff report. The 2 images on the right hand side are just zoomed in versions of parts of the plat that are part of this request. So that top image on the right is showing outline and read the proposed additional, um, accessory building for the highway departments. It is showing meeting all the required setbacks of the R3 zoning districts. Um, it also allows for 40 foot. Rear yard setback essentially from the Eastern elevation of the property to the Eastern property line. Um, the forest reserve district, if there was an agreement with the township to run a trail, they have potentially 40 feet to work with on this particular property, but they could potentially allow you to have additional agreements as well in the future. If the township finds a different property, that's more appropriate and works with the district to. Kind of navigate through that the image on the bottom left hand corner or breaking corner is showing just the existing. Um, sorry, my PowerPoint is not showing.

2nd, you said the image on the left, it disappeared, right?

Let me try that again.

I'm going to ask a random question, but Jesus, can you pull up the PowerPoint and share it for me? Let's see if that works. Okay.

Reminds me the old days when we had no audio visual.

Right. Oh, I think I might be getting it. Okay, so.

Going with the image at the bottom right hand corner is just showing the existing fence and given that a street is crossing the property to the north, which is grant Avenue and then you have all Hughes directly on the eastern side. The fence actually encroaches into the street setback for the district, which is typically measured from the right of way line. Um, so the applicant is here, they have a 6 foot fence securing their outdoor storage yard, and they're requesting the 2 variances for each street frontage to just bring that fence into compliance. So, just looking at some photos of the property, um, this is looking from Grant Avenue at the existing whole building and then the location of the proposed. This is looking North along Washington street at route 1, 13, which is the image on the left. The image on the right is just looking South along Washington. And then this is looking North and South along that former railroad property. You can kind of see there probably is some room for a trail, but it's really conversations. The township would have to have with forest reserve district. If that's something the township would want to entertain with this property. And then this is just looking along old Hughes. And then at the storage yard, which again, well, he's runs along that Eastern side. And then the fence in the street setbacks. So, the criteria by which special use permits are evaluated upon the applicant is requesting a special use permit for a major. Public utility is provided in the staff report, but to briefly summarize staff believes that. Um, the criteria are met with this proposed use, because the use of the property is to serve the township highway department storage needs and to serve the township. So, in terms of locating and other properties in the township, this property has been almost 50 years at this location has slowly expanded their operations at this location, but has really served the township from this location for. About that time, the surrounding area is. You know, residential, but it has been built up with the township presence there as well. Um, and using the land resource management plan, which there were a couple sections added in the staff report, the institutional use occurring on site is consistent with our county's land resource management plan for this area. The operations do not and have not appeared to have impeded the development of this area and the necessary utilities will be required to be installed for the building through the building permit process. And in terms of this, aside from the 2 variances for the fence height, all other are 3 district regulation setbacks would be met with this proposal. In terms of the variance is being requested staff found that the owner circumstances are due to unique conditions of the property. The requested variances would not alter the essential character of the locality again. This area has been. Developed with the townships presence for many, many years and staff finds that the physical surroundings and configuration of this property has created the hardship for the owner beyond a mere inconvenience, which. The township needs to secure their outdoor storage already keep the public out and safe and the location of where the storage yard is does trigger the need for the fence to be located where it is encroaching into street setbacks. Um, staff finds requested variances are not for financial gain, but attended to support the township highway departments needs and also configure results from the configuration of the lots in Custer Park following the railroads removal from the area. Um. With that of the agencies. Notified will South cook notice or stated that the activity taking place would not have or would have little to no effect on the land. The eco cat identified several, um. Resources in the area, but concluded that the adverse impacts to these identified resources were unlikely. Um, the memo you received was from the forest reserve district, and they cited the county wide bike corridors and you can see the area where the red arrow is pointing. Um. It says it's an existing county bikeway corridor. However, the trail south of route 113, I do not believe exists yet. Um, but the force reserve is trying hard to continue it into county. And the question is, where's the location for that? Um, so with the memo, and you'll see on the next slide, um. Staff is recommending an additional condition be added to the request. Of the special use to basically just allow the township to have a conversation with the forest reserve district to see if they can help figure out the best path forward to connect the upon the glacial trail into Kiki County. And it doesn't have to be through this property. It could be. Other properties in the township, but just to have that conversation to kind of help the forest reserve accomplish their envision. So, staff is recommending approval with to cross that out potentially the 3 with the added condition. The 1st, 2 are just the general conditions you typically see in a special use that the special use be transferable to future property owners that we get the standard site inspection requirement. And that 3rd condition is just the property owner shall work with the forest preserve district to evaluate opportunities for future trail extension through the subject property. And if anything, you know, is proposed, then the forest reserve would take further consideration of it. And then staff is also recommending approval of the 2 variances and I'm happy to answer any questions.

Do you know whether Norfolk and restaurant has actually abandoned that or have they just not run trains across it?

There's no railroad tracks in that area, so they have formally pulled out of that property. It is now owned by the township. So it is no longer associated with any railroad.

So that would be applicable for a trail if if the township so desired. Correct.

Okay, the trail comes across the old railroad bridge and ends at 113.

Yes. And part of the countywide bike plans and transportation plans that the Forest Preserve cited did note that Route 113 is one of those big barriers that they have to figure out how to safely get anybody using the trails safely across because it is highly navigated. It might have a slower speed limit, but cars do not follow it. And there are blind curves.

Nature sends a herd. If you're not paying attention, or you go back right there, like, I've always done.

Are there any other questions for my week?

Thank you and the applicant is here if you have any questions.

Yeah, we will ask. 1st, I'm going to talk to the board. And ask, uh, if you think that it's. A valued condition to add the 3rd condition to this. that is requested by the Forest Preserve District.

I assume we would add it. Don't check with the applicant if they're okay with it, because I believe that's what was referenced.

Yeah, that's what I intended to do. I just wanted to check.

As a user of the trail, I would love to go further south and see God's Country, also known as Kankakee County.

Yes. Are there any concerned citizens or objectors to this case here tonight? There are not, okay. Um, may I hear from the applicant or.

Or the applicants representative. The applicant is here. Yeah. Okay.

They were hoping not to speak maybe.

Hi, good evening.

Good evening. Uh, my name is William mark court on the road commissioner in Custer park.

Yeah.

Um. We've we've managed to. Put together a building that, uh. At at this time, we actually go on North river road. To store some of our equipment, because it's about 4 miles away. So, in turn, we, we can't leave no tractors there. Uh. Because once you bring the, the utility back to us, it's, it's either wrecked by the rodents and everything else. They tear it up. So that's basically what we're trying to do is we've got a building that's 50 foot long by 80 foot long. It would it would definitely house what we need to have. Um, we have no room in our shop at all. We're, we're, we're stacked in there. it's only 40 foot wide by 60 foot long. You know, you have to pull something out in order to get 2 other things to come out. It makes it difficult for us. Um. We've, uh, we've managed to save enough money to to make things work, uh, because we've, you know, I, I took over as road commission 4 years ago. Uh, we've, we've gone after the pipeline people after comment. Everybody that, uh, that we can, uh, put a. Uh, how do I say it? Um. Make them pay our the money that they're using our roads, right? So, little by little, we've managed to save the money. Um, and. In the in the 4 and a half years here, we've managed to save enough money that we can get this building built. Um, if we don't. you know, it could go a few more years and it may not get built, you know, so you got to kind of, I envision seeing what's being done for the township. Will I be here? You know, I'm here for three more years. Will I stay here more after that? I'm not sure if I will. I plan on it, but I'm not sure, but the township needs a building.

And that, that would be a big plus for us. So, yeah. Yeah. That's pretty much where we're at.

Yeah, I remember you took over just in time to... You had to take a lot of limbs and stuff.

We did. We've done a lot. We've changed a lot of roads. We're doing tar and chip. We're trying to stay above. We only have a small little budget.

With that small little budget, you're trying to get everything that we can done. That's pretty much where we're at.

I have one question for you that is pertinent, I believe, to this. You've read this condition three that the Forest Reserve is asking for, I presume.

Yeah, we, as of right now, we own the property, but if there was a way that we could put it behind our building, we would look at that and be possible of running it through if we had to. You know, there's enough room that we could. So if they came to me and said, hey, you know, we want to run the path through here. Yeah, we would run it behind it.

You want to run the path outside of your fence line so you don't have to open gates or anything for... Well, see... Actually, the overall right-of-way goes right to the middle of your property.

You want to divert it a little and go along the edge.

It'd be right behind us, but as soon as you get down to where the fence is at, they'd have to open that up.

I don't know any other way that they could get to it. You know... Can't build it around the French.

Especially if you're a partner with the Forest Preserve and they give you the money to build.

If we had to, we would do whatever it takes. For the community, I want the best for the community. And if it meant that we had to move a fence over or we had to change something, I would do that in a heartbeat.

This fence, how far is it from the edge of the road now?

Well, it runs over to Old Hughes Road. Is it right along the road? It is about... 8 feet off the road, so could they make it now? We'd have to move it. We'd we'd have to take care or with the road knowledge.

It probably wouldn't be a danger, but I could see where they might be worried that 20 years from now. That might be a busy enough road. It could be, but what I think about it, the forest reserve has multiple bike trails that run along the DuPage river. That you get on a wide sidewalk and go over major interstate. So, I don't know why this wouldn't be feasible here, whether they would put up a small guardrail to make sure a car couldn't jump the curve.

Right?

It sounds. Yeah, I mean, if you're on, you get on black road and you can jump to go into Hamel woods. I've done this, right? So, yeah, a lot of I've done this. So, yeah, it would be very feasible. Yeah, and it's kind of like, over on the 30 feet, it would just need 8 or channel on the edge of the road.

It's kind of like over on 113, you know, that's that's a pretty busy road there. And so they'd, they'd almost have to have an overpass or they'd have, they'd have to come up with some idea. You know, to stop slow the traffic down because, you know, it's supposed to be 35 miles an hour. Well. Majority of the people come through there at about 55 and I'm, you know, there's no exaggeration. I mean, some people do come through at 35, but for the majority of them. They fly.

Yeah, you know, I have 1 more question. Yes, sir. Concerning this, um. Are you in a position to where you can go ahead? Okay this. Or do we have to go through the town board?

No, we would approve it. It's already approved for us. And the town is agreeable this 3rd condition I'm talking about.

For the 1, the 3rd condition from the forest reserve. Oh, through the force was there. Do we do we have to go through the supervisor?

The supervisor is here.

Okay. Yeah.

Holy is right. We're reading right now. Yeah. So she, she is definitely here. Okay. Yeah. Um. Yeah, um, you're trying to read that if you want. Okay. Thank you very much. I appreciate it.

Yeah, the black condition 3 at the bottom of the page is basically. The important thing to determine. Um, I was a township administrator for Frankfurt township for a lot of years.

Okay.

So I know that, uh. The supervisor and the supervisors board actually holds control of all properties.

They do. Yes, sir.

So I don't want to cross anybody or cause anybody problems.

Okay.

So you might ask the supervisor to come up and read this also.

That would be great.

Yeah.

Kathy, do you want to step up please? Make your walk. I'm sorry.

I was under the impression that they have read this before. Have you not seen that before? I have not. Okay.

Would you show it to her? I don't know. Have you seen that condition three the Forest Reserve is proposing?

I have not seen that before. Okay. That's why I'm asking you to come up and take a look. I have not seen that before, but it sounds good for the township. So, yeah. And Bill and I have had a lot of conversations. about the need for this building, for the equipment that the township owns.

Well, I know definitely you need the equipment. Whether you need a bike trail or not is another question. You know, so that's...

I think a bike trail would be very good for the township. I think local people would use it, but I think we would also have people from outside of the township come and use it.

Oh, yeah, that happens all the time. Absolutely. The old plank trail runs all the way from Richland Park to the other side of Joliet. So people travel the whole distance.

Yeah, I think this would be very good for the township to have a bike trail through there. And I know there's the one over the old train tracks over the Kankakee River. So an extension of that, no, I haven't seen this before, but I think it's a very good idea.

So you would not object to us adding that as a condition of this variance and approval?

I do not.

Like if we were to take it and put it behind the building? Yes.

My suggestion to you is lean on the Forest Reserve for some money. They want to put the trail in, you'll do the work. We'll still do the money.

That sounds good. That sounds good for the township. Yeah. I would have no objection to that being included.

Okay, thank you. That's what we want to clarify before we add anything. Okay. Thank you very much. Thank you. Thank you. Then I would like a motion to add this condition three?

Well, Mr. Chairman, I'm just thinking about this, and since I like to practice law without a license, but that this says a future trail extension through the subject property, and I know that the railroad right-of-way goes through as in meaning not alongside, but dissects it. I wonder if somebody could interpret that to say that, well, they have to put it on the old railroad right-of-way, even if it means splitting the property. So, I don't know that it would change it any. I could ask the after when if I changed what they have written to say through, or alongside the subject property, which goes back to what the road commissioner said does now mean that they can put some curves in it and not go perfectly straight where the railroad bed. And that, I think. Is probably the extent of where I should go with practicing law without a license. That's the way I'm looking at it.

Well, we have legal counsel there. Ask her what you what they think of your proposal.

Makes sense. I just don't want somebody 10 years later to come back and say, oh, no, we have the right because of this to put it right through the middle. And as Margaret showed, it was, I mean, Miss Kenny showed it is a very unique property and it would be a huge hardship if somebody tried to push, come to shove and say, oh, no, we want the 4th reserve trail to go.

Right in the middle where the old railroad right away, it doesn't actually require the township to commit to anything. So that can all work work itself out in the, in a negotiation.

So, me, adding the word or alongside. Mr chairman for zoning case 26 days if you're ready. 23, I would like to add the following condition. Property owners shall work with the forest reserve district of will county at the. W, to evaluate opportunities for a future trail extension through or alongside. The subject property, any future trail extension proposal shall require a recommendation from the prior to consideration by the ethical reviewing authority.

Wait, wait a second by saying alongside the subject property. You're taking it outside of the ownership of the township. You can't you could say you could run it around the defense line, which is still within time to. You see what I'm saying?

I wouldn't overthink it. Um, it just, it's going to be a negotiation just to correct myself. It does require the township to talk to the forest preserve, but it doesn't require an agreement of any kind. They're going to have to agree. Right? So, whether it's through over above underneath that, that'll have to come out in the wash.

Okay.

So that's the way I see it.

I'll leave my motion as it is.

Okay. Do I have a 2nd? I have a motion to second. May I have a roll call?

John Keefter? Yes. Roger Bettenhausen?

No.

Matt Garland?

Yes.

Karen Warwick? Chairman, you step in.

Yes.

Okay.

4-1.

4-1. 4-1. Okay. It passed. All right.

You ready? No. Yes. The chairman CC, 26, 0, 2, 3, as 26, 0, 1, 4 approval was special use permit for major public utility with the 3 conditions as amended. Or the 2 conditions by staff and certain 1 as a. Whatever you want.

Okay, well, motion a 2nd.

Thank you.

Yes.

Roger Ben housing.

Yeah.

Matt Garlin.

Yes.

Karen work chairman, you step in.

Yes. Same case and even 0 to 3 variance 26, that's 137 prove a variance defense height within street setback. Great street from 4 feet to 6 feet.

2nd. John, yes, Roger Ben housing, Matt Garland. Yes. Yeah, when you step in.

Yes.

Yes.

In case any 33 variants, 26 dash 1, 3, 8, approve a variance for fence type within street setback. Oh, who's road from 4 feet to 60.

John, yes, Roger Ben housing. Yeah. Roger. I'm sorry Matt Garland.

Yes.

Karen. Chairman, you step in.

Yes. Roger. Okay, sure.

It's like a line.

So everything is approved for you, so you're off the races for the township. Next case is ZC-26S031 slash V-26S129 and V-26S130 and V-26131.

And my colleague, Kenny, is going to present this case also.

Yes. So, this zoning case takes place in New Lenox Township. The address is 364 West Francis Road in New Lenox, and the owner and applicant is Greg Sage. The owner is requesting the three variances to allow an addition onto the existing home and bring the property into compliance. So, I have a larger overview of the subject property that will be Showing on screen in a 2nd, but this property is at the Northeast corner of Francis road and green street. The village of new Lennox is kitty corner to the Northwest. The property is part of former lot 6 and lakeside farms, which was plotted in 1946. the lot was originally zoned a 1 for farmland and consisted of 2 little over 2 acres. Um. But it was the house was constructed about 1954 and then. The parcel was divided in 1965, creating the subject lot and the house remains where it was. But again, the property was a lot smaller. And with that, the property currently has 318 feet of frontage along green street and about 77 feet along Francis road and remained. A, 1, until 1978, when the county resumed it to, um, it does not technically meet our 2 district standards despite the county resuming it. So the applicant is requesting the variance to bring the lot area into compliance. Um, typically our 2 is 40,000 square feet and has 150 feet of frontage. Um. But with that, you can see, you know, the house is. Relatively close to the right of way of green street and when you measure, um. From Francis wrote it also encourages so you can see the property there's mixes zoning. We have our 3 directly across green street, which is a little bit smaller than the R2 district. Everything on the East side of green street is our 2. we have, um, our, which is kind of equivalent within the village new likes to, like, a state residential, um. And then, of course, to the North East more are 3. So, the plot of survey is on the screen and then the zoomed in version, you can see the red outline is showing the proposed edition, but I do want to point out the existing footprint of the house just sits 18 feet from the right of way of green street, which is on the left and then Francis road to the north. The property sits just about 38 feet. Um, 37 feet, I think at the closest corner. From Francis road, so the applicant is essentially getting variances for lot area and the 2 street frontage setbacks because. Typically, for our 2, you have to be 47 feet back from the road and they still have to do that for the addition despite it being behind the garage. So, this lie is definitely unique in the sense that any addition onto the existing house would have triggered them having to bring the property into compliance. So, just some photos of the subject property, this is looking South from Francis road. This is looking Northeast from green street. Looking at the existing encroachments of the house. And then looking towards the area of the proposed addition. And then just looking East and West along Francis road. And then North and South along green street. So, variances, I think you've heard enough over the last couple. Minutes or so, but briefly staff finds there are unique circumstances that contribute to a hardship on this property. Mainly, you know, the property was divided to its current configuration in 1965 and with the county rezoning it in 1978. Kind of, uh, created the existing conditions of the property. Um, there is flood plain located on the southern half of the property that the maps did not show. But I believe the staff report pointed that out, um, which basically limits any expansion to their property to where they're proposing. Um, it would meet the rear yard set back of 10 feet or I should say side yard set back since it's a corner lot. Um. But aside from the street, step back since it's 47 feet from the right of way line to any additional. Addition they need the variance because they are 30 feet. Um, in terms of the conditions supporting these various requests, they're not generally applicable to other properties. Generally, our 2 properties are wider and setbacks don't necessarily have an issue. The variances are not for financial gain. They are allowing the applicant to have additional living space. The house was built in 1954, so they are trying to update it to today's standards. Um, and the granting of the variance would not be detrimental to the public welfare. Or adjacent properties, and it would not impair any air quality, increase fire risk, endanger public safety mainly because they would have to get a building permit and the county would ensure that all the applicable codes and ordinances are met with that permits. Step is recommending approval of all 3 variances and of the agencies notified none objected and I'm happy to answer any questions.

I had no questions. Anyone have questions. Thank you very much. Are there any concerned citizens or objectives to this case? Seeing as the room is empty, I don't think so. Obviously, you are the. Of this case, would you care for us to go ahead and vote or do you want to come up and speak? Okay.

so uh i would entertain a motion on case number zc-26 so 31 so mr chairman in regards to case numbers ec-26-031 variance 26-129 move for the approval of a variance for street setback green street from 47 feet to 18.3 feet

I have a motion and I have a 2nd, and have a local John Kieffner. Yes.

Roger Ben housing.

Yes.

Matt Garland.

Yes.

Karen. Yeah. Chairman, you step in.

Yes.

And same case numbers that you see dash 2, 6, dash 0, 3, 1. Variance number the dash 2, 6 dash 1, 3, 0. Move for the approval of a variance for lot area from 40,000 square feet to 24,169 square feet.

John Kiefner?

Yes.

Roger Bettenhausen?

Yes.

Matt Garland? Yes. Karen Warwick? Yes. Chairman Huestepin? Yes.

And same case number, ZC-26-031, variance number V-26-131. Move for the approval of the variance for Street Setback, Francis Road from 47 feet to 37.6 feet.

John Kiefner? Yes. Roger Bettenhausen?

Yes.

Matt Garland? Yes. Karen Warwick? Yeah. Chairman Hustepen?

Yes.

Our next meeting will be June 16th in this room at the same time, 5.30. Do we have any announcements at all from staff? No? Okay. Then I ask for a motion to adjourn.

So moved.

All right, your motion is second. All in favor signify by saying aye.

Aye.

Any opposed, same sign. All right, we're adjourned.