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Will County Gazette

Friday, March 29, 2024

Will County Land Use and Development Committee met April 10.

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Will County Land Use and Development Committee met April 10.

Here is the minutes provided by the Committee:

I. Pledge Of Allegiance

Chairman Weigel led the Pledge of Allegiance to the Flag.

II. Call To Order And Declaration Of Quorum

Chair Tom Weigel called the meeting to order at 10:35 am

Attendee Name; Title; Status; Arrived:

Debbie Militello; District 6 (R - Channahon); Present;

Tom Weigel; Chair; Present;

Judy Ogalla; Vice Chair; Present;

Steve Balich; Member; Present;

Mark Ferry; Member; Present;

Laurie Summers; Member; Present;

Denise E. Winfrey; Member; Absent;

Chairman Tom Weigel welcomed Debbie Millitello to the Committee. She is replacing Ray Tuminello.

The roll was called. Six members were present. A quorum was declared.

Land Use Department Staff Present

Brian Parker, Zoning Inspector, Community Development & Code Enforcement

Brian Radner, Director of Development Review

Colin Duesing, Planner, Administration & Planning

David Dubois, Director of Administration & Planning

Janine Farrell, Planner, Development Review

Jessica Gal, Planner, Development Review

Owen Needham, Interim Chief Building Official, Bldg. Dept.

Pat Cline, Secretary, Development Review Division

Samantha Bluemer, Energy & Conservation Specialist, Resource, Recovery & Energy

Also Present were:

Jim Moustis, County Board Representative - District 2 & County Board Speaker

Larry Walsh, Will County Executive

Matt Guzman, Will County State's Attorney's Office

2. New Section

WC Land Use & Development Committee - Regular Meeting - Mar 13, 2018 10:30 AM

The Regular Meeting Minutes of the March 13, 2018 Land Use & Development Committee Meeting were presented for review and approval. There were no additions, deletions, or corrections.

1. Motion to approve the Regular Meeting Minutes of the March 13, 2018 Land Use & Development Committee Meeting as presented.

The motion carried unanimously 6-0. The minutes stand approved.

Result: Approved [Unanimous]

Mover: Steve Balich, Member

Seconder: Laurie Summers, Member

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

3. Approval of Minutes

i. Old Business

Chairman Weigel stated we have three solar farms that were sent back from the County Board for additional work. He asked Jessica from staff to give the Committee an update on them.

Janine Farrell said she would give an update on all three of these solar cases; ZC-17-071, ZC-17-072 and ZC-18-002. She requested they be tabled to the May Land Use & Development Committee meeting.

Janine stated there has been a meeting. County Board Member Ogalla was present at the Farm Bureau. Janine was there, as well. Representatives from the developer were there. Staff has also received an email from the developer requesting that these be tabled to May so we can work on adding three conditions. Staff needs to review additional documentation with the State's Attorney which will take some time.

Board Member Steve Balich asked if there would be a problem if they continued it to June?

Chairman Weigel said we can decide next month if we want to delay it another month.

Board Member Ogalla said they did have a meeting and she thanked Janine for staying because it lasted longer than her regular quitting time. They went over the de-commissioning document that Ragan brought in. The State's Attorney is going to be looking at that. It's different from what is with the Illinois Department of Agriculture. The Ag Mitigation Agreement is still in the works and is not final yet. At the meeting Janine has said that we cannot condition an sup on a document that doesn't exist. They feel there will be a document regarding de-commissioning and perhaps Ag Mitigation by May. Representatives from Borrego Solar were there. A man from the tiling company was there.

Board Member Ogalla said another thing they talked about having was a pre-construction meeting. They would have a local meeting in the township with the residents and the County Board members and other officials to let them know what is going to happen.

1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-17-071 Chanemcoco LLC; Owner of Property; Charlotte Alyce Andres, 100% Beneficiary, Matt Walsh, GreenbergFarrow, Justin Hardt, Borrego Solar System Inc.; Agents, Requesting a (S-17- 015) Special Use Permit for a Major Public Utility, a Solar Farm Facility, for Part of Pin #22-22-14-300-003-0000, in Washington Township, Commonly Known as Vacant Property on East Indiana Avenue, Beecher, IL

(Jessica Gal)

2. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-17-072, Chanemcoco LLC; Owner of Property; Charlotte Alyce Andres, 100% Beneficiary, Matt Walsh, GreenbergFarrow, Justin Hardt, Borrego Solar System Inc.; Agents, Requesting a (S-17- 016) Special Use Permit for a Major Public Utility, a Solar Farm Facility, for Part of Pin #22-22-23-100-001-0000, in Washington Township, Commonly Known as Vacant Property on East Indiana Avenue, Beecher, IL

(Jessica Gal)

3. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-18-002, Manhattan Farm, LLC; Joyal Akkawi, 100% Interest, Matt Walsh, GreenbergFarrow, Agent, Justin Hardt, Borrego Solar System Inc., Requesting (S-18-001) Special Use Permit for a Major Public Utility, a Solar Farm Facility, for PIN #14-12-32-300-009-0000, in Manhattan Township, Commonly Known as 27555 S. Gougar Road, Manhattan, IL

(Janine Farrell)

4. Motion to table Zoning Case ZC-17-071 to the May Land Use & Development Committee Meeting.

The motion carried unanimously 6-0.

Result: Approved [Unanimous]

Mover: Judy Ogalla, Vice Chair

Seconder: Steve Balich, Member

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

5. Motion to table Zoning Case ZC-17-072 to the May Land Use & Development Committee meeting.

The motion carried unanimously 6-0.

Result: Approved [Unanimous]

Mover: Steve Balich, Member

Seconder: Laurie Summers, Member

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

6. Motion to table Zoning Case ZC-18-002 to the May Land Use & Development Committee Meeting.

The motion carried unanimously.

Board Member Balich expressed his concerns about solar farms.

Chairman Weigel said the farmers in Will County are in favor of them.

Board Member Balich asked did you ever hear about the tax implications of these things?

Board Member Ogalla said the Assessor's in Illinois have put together a document, the Statewide Assessor's Association, is putting forward as to how to assess that value. The solar farms are also putting their thoughts forward. One of them being when it is no longer a solar farm it immediately transitions back versus waiting the timeline. We don't know what's going to happen with that. We can impact that only through our State Legislators; not here at Land Use. So that is one of the open factors. We don't know what the taxing situation will be like. There are implications. That's true. But as far as farmers; farmers are in favor of it, farmers are opposed to it. A lot of people are in favor of it because they support green energy.

Board Member Ogalla said her goal is to make sure our Land Use Committee has everything they need so they can move forward from these three and she told Borrego she's sorry they are the guinea pig in these. After attending other sessions and learning more and talking with Land Use it seemed appropriate to wait to make sure we put everything in place. Ag mitigation from the State will come later but we'll have a very good document here and a de-commissioning document that everyone will feel comfortable with. There are other solar farms looking to come, too.

David Dubois re-iterated what Board Member Ogalla mentioned with regard to financing. Those are important policy issues with the State and Federal Government level. David said as we move on your focus needs to be with regard to your decision making more on the Zoning Ordinance and the criteria outlined in the Zoning Ordinance. The financial concerns are not within the purview of the Zoning Ordinance.

Result: Approved [Unanimous]

Mover: Laurie Summers, Member

Seconder: Steve Balich, Member

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

III. New Business

1.Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-18-005, Douglas Wayne Story, Owner of Record, Larry Wennlund, Attorney, Requesting a (S-18- 002) Special Use Permit for a Firearms Dealer, for PIN #14-12-01-401-006-0000, in Manhattan Township, Commonly Known as 23565 S. Highland Drive, Manhattan, IL

(Janine Farrell)

Janine Farrell opened discussion of Zoning Case ZC-18-005 that takes place in Manhattan Township. This request is for a home occupation for a gun smith. The applicant is required to acquire an FFL under Federal Licensing so he is classified as a dealer in both not only the Federal Government but also in our Ordinance. The applicant will be doing very limited gun dealing. It will primarily be gun smithing.

There were no objectors at the Planning and Zoning Commission (PZC) public hearing.

Comments received from the Will-South Cook Soil & Water Conservation District, the IDNR, the Village of New Lenox and Manhattan Township indicate none of those agencies object to the request.

Staff recommended approval of the special use with seven (7) conditions.

The Planning & Zoning Commission amended two of the conditions. The word "immediately" from Condition #3 was added and the word "inside" from Condition #7 was deleted. The PZC recommended approval with the following amended conditions:

1. Upon fourteen (14) days of written notice to the owner of record and/or operator at their last known address, Will County Land Use Department and Will County Sheriff's Department employees are hereby granted the right of entry in and upon the premises for the purpose of inspection of the premises and uses thereon for compliance with the terms and conditions of this special use permit.

2. The special use permit is only valid for Douglas Wayne Story at the subject parcel. The special use permit is not transferable to subsequent property owners.

3. The special use permit shall immediately be null and void upon the failure to obtain or maintain a Federal Firearms License.

4. All firearms must be stored in a safe during non-business hours. Pursuant to Will County Zoning Ordinance Section 155-10.10-D(2)(I), business hours are 8:00am to 8:00pm.

5. The storage, manufacturing, and/or the production of ammunition is subject to the review and approval of the Will County Sheriff's Office.

6. The subject property shall be improved with an electronic security system that emits an audible alarm at the firearms dealer property when triggered. The security system must also transmit a silent alarm directly to a public safety agency. If the public safety agency with jurisdiction over the firearms dealer property does not allow for direct transmission of alarm signals the security system must transmit an alarm signal to a UL-approved monitoring station that must, within two minutes, provide notification to a public safety agency with jurisdiction over the firearms dealer property. The electronic security system shall include the installation of panic buttons and is subject to the review and approval of the Will County Sheriff's Office.

7. Security cameras shall be installed outside of the residence. The security camera system must record 24 hours a day. The security system must be a digital video recorder and the digital video recordings must be retained for at least 30 days. Digital video recording must be produced when requested by a law enforcement official.

Chairman Weigel asked the Committee members if they had any questions?

Chairman Weigel asked the applicant if he agreed to all the conditions?

The applicant said yes I do.

2. Motion to approve a special use permit for a firearms dealer for Zoning Case ZC- 18-005 with seven (7) conditions, as amended.

The motion carried unanimously 6-0.

Result: Approved [Unanimous]

Mover: Steve Balich, Member

Seconder: Judy Ogalla, Vice Chair

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

3. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-18-019, Richard Moore, Owner of Record, Requesting (M-18-002) Zoning Map Amendment from A-1 to R-3 on Part of PIN #13-19-15-100-037-0000 and (V-18-016) Variance for Maximum Accessory Building Area from 1,500 square feet to 4,064 square feet on PINS #13-19-15-100-023-0000, 13-19-15-100-029-0000 and part of 13-19-15- 100-037-0000, in Wilton Township, Commonly Known as 29525 S. Cedar Road and Vacant Property on S. Cedar Road, Manhattan IL

(Janine Farrell)

Chairman Weigel announced Zoning Case ZC-18-019 is a request for a map amendment from A-1 to R-3.

Janine Farrell from staff opened discussion of the request. Zoning Case ZC-18-019 takes place in Wilton Township in the hamlet of Wilton Center. The applicant proposes to re-zone a 0.96-acre A-1 parcel that was recently divided from a 6.43- acre A-1 parcel. The applicant's brother divided off this piece through division of the father's estate. The parcel does not meet the minimum requirements of the A-1 zoning district. The applicant would like to re-zone it to R-3 to combine it with his adjacent R-3 residential property. He would then consolidate these pieces together to create a 1.88-acre R-3 parcel that conforms to the lot standards.

Staff did not receive any objections from the agencies notified of the request. There were no objectors at the public hearing.

Staff and the Planning & Zoning Commission recommended approval.

No objectors were present.

4. Motion to approve a map amendment from A-1 to R-3 for Zoning Case ZC-18- 019.

The motion carried unanimously 6-0.

Result: Approved [Unanimous]

Mover: Steve Balich, Member

Seconder: Debbie Militello, District 6 (R - Channahon)

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

IV. Other Business

1.Appeal of Planning and Zoning Commission Decision for Denial of Variances for Tyler Jabaay, Owner of Record, for Zoning Case #ZC-17-031, PIN #22-23-17-100- 031-0000, in Washington Township, Commonly Known as 29822 South State Line Road, Beecher, IL

(Janine Ferrell)

The next topic for consideration was an Appeal of Planning & Zoning Commission Decision.

Janine Farrell stated as noted in the memo and accompanying documentation provided to the Committee, Appeal of PZCA #(APCD)18-001, the applicant is in violation for constructing structures without a building permit which do not meet the setback requirements of the A-1 zoning district.

At the Planning & Zoning Commission on February 6th the applicant's variance requests for minimum side yard setback from 50 feet to 2.87 feet and the variance for minimum rear yard setback from 50 feet to 11.69 feet were denied. Staff had also recommended denial and there were objectors present at the public hearing.

The applicant is now appealing denial of those variances requested by the Planning & Zoning Commission.

The Chairman asked the applicant to state his name and give the background why he wants this.

Tyler Jabaay stated he owns a landscape company and a nursery business. His neighbors to the north have complained to the point that he is pulling his landscape company from Illinois to Indiana. He currently has an accepted offer from the City of East Chicago. He would like to leave his nursery (called Stateline Nursery) there which is a separate company.

Mr. Jabaay said his property is narrow (307 feet wide). But it is 1417 feet deep. The structures they are referring to are greenhouses so it is two inch (2") tubing covered in clear and white plastic. There are no permanent foundations. There is no septic. They are held down with ground anchors. He would like to grow plants in his greenhouses.

The applicant stated he has signed releases from his other adjacent property owners stating they have no objection to him being granted these variances to have his greenhouses there. There are eight people that work there.

Board Member Ogalla asked Janine if she had seen these letters.

Janine stated she had not.

Mr. Jabaay said they were signed, notarized and turned in at the very first meeting.

Janine said that was not at the Planning & Zoning Commission.

Board Member Ogalla said so all but one adjoining landowner.

Mr. Jabaay said he has two adjoining neighbors to the north because their property isn't quite as long as his.

Mrs. Ogalla said so we're okay with the greenhouse business and he is up-to-date with all of his permits for all of that?

Janine said a greenhouse or a nursery would be permitted in A-1. The structures would require a building permit, though. The greenhouses would need to meet the setbacks.

Mr. Balich said you mentioned the greenhouses don't have foundations so in other words they're portable? More or less you could move them?

Mr. Jabaay said they are movable but unfortunately he doesn't have a lot of room in the back so if he had to move them to the front of his yard he only has 500 feet in the front. Mr. Jabaay said he built a berm that's eleven to twelve feet high.

Board Member Jim Moustis pointed out to the Committee that the Planning and Zoning Commission is responsible for the variances but there is an appeal process if you want the decision overturned. The issue here is the variances are considerable. He did it without building permits. The Committee will make a recommendation to the Full County Board. Mr. Moustis suggested someone from the Planning & Zoning Commission may want to be present. Mr. Moustis told Mr. Jabaay if he had pulled a building permit he wouldn't be in the position he is in today. He would have known about setbacks and variances. Mr. Moustis said he personally would be reluctant to overturn the PZC's decision.

Mr. Jabaay said he is trying to be neighborly by keeping it in his backyard behind a berm, behind trees.

Ken Rewers said I am the property owner to the north of Mr. Jabaay.

The Chairman asked him that's adjacent property?

Mr. Rewers said yes sir. Right on the border. What Mr. Jabaay had failed to relate is that he has put up some buildings for road salt storage which is about three feet off my property line. It leached into the ground killing the trees I had along there and part of my pasture grass. There's another building along there right on the border. Mr. Rewers said it seems like he doesn't want to do anything. Mr. Rewers has been there twenty-five years and has built a nice house. Mr. Rewers complained of trucks coming in during the winter months loading and making noise.

Mr. Rewers complained that about three hundred feet of his horse fence was taken down during the construction of Mr. Jabaay's greenhouses which was pushed over by his pay loader. Staff came out and took pictures. Where he is storing road salt, the building is right on the ground and it leaches right down into the ground.

The Chairman said so you're objecting to us allowing him to have this variance?

Mr. Rewers said yes.

Jim Moustis asked is there more than one building on this property that is in violation of the setbacks?

Janine Farrell said she believes there are three sheds and possibly ten greenhouses.

Mr. Jabaay said there are twenty total greenhouses but not all of them are in violation.

The Chairman said the aerial photograph just shows one large building and two greenhouses.

Janine said she thinks that might be a 2015 aerial because this case has been around for awhile now.

Debbie Millitello asked Matt Guzman for clarification that the Committee will be making a recommendation to the Board.

Matt confirmed they will make a recommendation to the Full Board.

Mr. Moustis said you will be making a recommendation to either agree or disagree with the Planning & Zoning Commission.

Mr. Jabaay said with regard to the salt shed, it is asphalt-paved where his salt is stored with interlocking concrete blocks that Will County has already sent out an inspector for to inspect for Mr. Rewers claims. Mr. Jabaay met with him and he said that he saw no issue. It's fully contained. There is a roof. There are sides. LIke I said. It's asphalt-paved. Interlocking blocks so it's not just sitting there leaching into his soil.

In terms of his north fence, we ran over one post which we replaced. The rest of his fence is old and decrepit and hasn't held horses in the nine years he has been there. It's falling over and there are multiple people from Will County that can attest to this. It has never touched that far north property line. It has not killed his trees and the Will County Inspector can attest to that, as well. Did we mow over a portion of his fence? Yes. We mowed over his southwest corner post, which was not attached to any fencing because it had rotted out so much. Most of the wires had fallen off. I did replace it. I just want to make sure we're all on the same page.

The Chairman asked has the inspector been out there?

Brian Parker said yes. I was out there.

The Chairman asked can you attest to that?

Brian Parker said I only saw one fence post knocked over and it was replaced with a new post.

Chairman Weigel asked what about the salt building? Is that up to snuff or what?

Brian Parker said yes. It appeared that it was on asphalt like he stated and interlocking cement blocks.

Board Member Balich said where the salt is, that doesn't meet the setback requirements, does it?

Brian Parker stated no. It does not.

Balich said so that's more of a permanent type of building?

Brian Parker said it could be removed.

Mr. Jabaay said he has already committed to moving these. I said I will move all the salt barns which I am going to be moving anyways since I'm moving my landscaping business. The little shed that's a 24 x 24 that's right next to it is a carport that is literally held to the ground with fence rebar nailed in the ground. On the other side is a 24 x 24 that is literally screwed to 8 x 8 planks in the ground and then held down with ground anchors. It is cold storage. Bags of seed. It's not fancy. I'm not trying to make it permanent.

Chairman Weigel asked Mr. Jabaay so you're planning to move these buildings, anyway? Why do you want the variance?

Mr. Jabaay said for my greenhouses. Mr. Jabaay said he will move everything as long as he can keep his greenhouses which don't border Mr. Rewers' property, anyway. The property owner that owns the property next to those greenhouses has already said that he's not in objection.

Judy Ogalla said I am in support of property rights for people but property rights are two ways. One. We have a staff we work closely with. They have a hard job. They see both sides all the time. They have to talk to us on top of it. But the thing is that there are certain things that while your right to be able to do what you want on your property makes sense it makes sense for that family, as well, not to be infringed upon. Putting something 2.8 feet off the property line is pretty darn close to the property line. It's not a standard we give a variance for because it's so close to it. Sometimes we don't always think of our neighbor when we do things and we really should.

2. Motion to concur with the Planning and Zoning Commission.

Laurie Summers asked which building is 2.78 feet away that they are in violation?

Janine Farrell said they would be on the property line that borders the gentleman who spoke here. Those are on the northern property line. The three sheds.

Laurie Summers said the three sheds are the ones being moved to your new location?

Janine said that's where the salt storage is that Mr. Jabaay is talking about.

The motion carried unanimously 6-0.

Chairman Weigel told Mr. Jabaay you need to come to the County Board Meeting a week from Thursday and they'll also have to vote on this.

Janine said yes.

Result: Approved [Unanimous]

Mover: Steve Balich, Member

Seconder: Debbie Militello, District 6 (R - Channahon)

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

3. Proposed Text Amendments Home Occupation Regulations

(Colin Duesing)

Staff had been asked to prepare a comparison with surrounding counties regarding home occupations with what Will County is doing. Colin Duesing from staff provided a brief description of the various areas concerning this topic.

We have an area limit in the principal structure of 33%. Any accessory buildings are for storage only. Signage is allowed but only one sign with a maximum area of two (2) sq. ft. On site product sales are permitted. Employee restrictions are limited to one non-resident. Commercial vehicles are addressed elsewhere in the Zoning Ordinance. Regarding vehicle trips generated, normally expected is not a descent standard. We need to come up with something a little more finite. Parking requirements are addressed in the Zoning Ordinance and we do have additional, conditional and excluded uses within the Zoning Ordinance.

Steve Balich asked are you looking to change the language regarding passenger and parcel delivery?

Coling Duesing said that is up to you. We could also go with the Kendall County version in their residential district, a maximum of ten deliveries or clients per day.

Mr. Balich said he doesn't like putting a limit on it because it could be one a week and then it's Easter and they're getting twenty a day. Mr. Balich would like it to say passenger and parcel delivery only.

Chairman Weigel said he thinks that sounds reasonable.

Photographs from neighboring counties, as well as some from Will County were presented for illustration purposes.

The first example was a three car garage someone had converted into a retail store. Colin asked the Committee if this is something they would like to see?

Chairman Weigel said no.

The next illustration was of a mail order retail store in someone's house. No signage and it's inside the house.

The Committee had no problem with that.

An illustration advertising a Psychic Reading Service was displayed but because two signs were displayed it was in violation.

Another illustration displayed a vehicle parked in the front yard instead of the driveway.

Colin Duesing asked the Committee are two signs acceptable or is one sign sufficient.

Chairman Weigel said he thinks one sign is sufficient.

Board Member Balich agreed.

Mr. Moustis asked if it's a residential zoning why would you want a commercial sign up? I don't think you should have any signs up.

Chairman Weigel said we allow one sign now so you're saying we should amend our Ordinance?

Jim Moustis said he doesn't think they should have any commercial signs in a residential area.

Chairman Weigel said he doesn't have a problem with that.

Mr. Duesing said Kendall County has two different home occupation types. One in the agricultural area and one in residential districts. They have different requirements.

Steve Balich talked about people advertising horse boarding in residential areas in the Homer Glen area. He doesn't have a problem with that but he does have a problem with advertising signs in a subdivision.

Jim Moustis suggested possibly allowing signage in certain zoning classifications.

Debbie Millitello said what do you do about the people who had the horse farms and the village built up around them. What do you do about these people?

Mr. Moustis said they'd still be outside the subdivision.

David Dubois said he always looks at this through the enforcement process. Whenever we make text changes, is it enforceable? Because then you get in a predicament if there's a complaint why aren't you doing anything? Attaching signage to a certain zoning district is probably the way to go. It should probably be more restricted and focused on zoning districts. They should also focus on the intensity of use, as well. Also, how much of that accessory storage space should be used for storage of materials and goods for the home occupation.

Jim Moustis suggested saying you have to be on either a state or county road. That would help you define it.

Steve Balich said what Jim is talking about seems like a good solution.

Chairman Tom Weigel agreed. Signage on highways and the R-1 and R-2. Maybe anything R-3 and higher, we would not allow it, on the smaller lots. They tend to be in a more condensed subdivision.

JIm Moustis said maybe estate residential down to R-2 or R-2A.

The Committee also agreed people can come and ask for a special use permit also.

Colin Duesing said parking of commercial trucks in the driveway has been addressed in the Zoning Ordinance.

Chairman Weigel said he believes they can park one commercial vehicle in the driveway right now.

We currently allow auto repair inside the garage but not in the driveway. Outside storage is not allowed. Colin Duesing asked the Committee, keep it that way, I presume?

Chairman Weigel said yes.

The next topic discussed three examples regarding landscaping. The first was outside storage of landscaping materials such as sand, gravel, fencing, storage of plows and a simple bed truck for that service. Landscaper two has two commercial trucks on paved driveway, commercial trucks with their trailers. The third example has parking on paved area of driveway but outdoor storage of equipment and plants and whatever else landscapers need. Colin asked, are we continuing with no outdoor storage?

Debbie Millitello asked to go back and what she is going to bring up will also apply to this. Right now are we assuming these are in subdivisions and they don't live on say a five acre parcel of land?

Colin said correct.

Debbie Millitello said if she can't see it she doesn't care if they are parking autos on their lot. The same with the landscapers if it's not effecting what she can see or what her neighbors can see.

Regarding accessory building use, we currently have outdoor storage only but no restrictions beyond that. Grundy County has a restriction of twenty-five percent within the dwelling unit and twenty-five percent of accessory structures. Colin asked the Committee Members, do we want to keep it the same for us or do a split like Grundy County did?

Steve Balich said the Committee had already discussed this and Colin stated but there was no consensus.

Colin noted we currently allow the entire accessory structure to be used for storage. Colin asked the Committee if they want to scale that back or not permit it at all?

Chairman Weigel said it should be limited to the size of the building. If it's over 1,000 square foot building maybe we could say fifty percent. Chairman Weigel said if you have a small shed you could use all of the building for storage but if you have say a big barn or something you could use half of it for business.

Colin asked the Committee if they preferred a percentage or a maximum area threshold?

Chairman Weigel said maybe a sliding scale based on the size of the building.

The Committee talked about allowing storage of goods and materials associated with the home occupation in the accessory building.

Mr. Balich talked about a homeowner in New Lenox that built an accessory structure larger than his home.

David Dubois said from an enforcement standpoint they may not want to allow equipment and materials associated with the home occupation in the accessory building at all.

Board Member Ogalla said if you allow an accessory building to be so large how then do you know how much space they're using? How do you make sure?

David Dubois said we don't issue permits for home occupations. There are requirements within the zoning if we get a complaint what we would do is approach the homeowner for authorization to investigate. So that's what we have to do to verify. Again, it would be with the homeowner's consent to try and investigate the complaint.

Chairman Weigel said if we want to have home occupations just be in the home then perhaps we should limit it not to have any outside buildings for additional storage. That they would have to store it in their home. Like in their garage or their basement or attic.

Board Member Balich pointed out that the problem seems with the smaller lots and not so much with the larger lots. They seem fine.

David said from their experience since 2012 the issues with home occupations have not always necessarily been in less dense zoning districts. It has typically been in the more dense zoning districts. My recommendation would be any modifications to the Code should focus on the more dense zoning districts where again the intensity and the size of the home occupation appears to be objectionable.

Chairman Weigel said so maybe anything R-3 and higher they couldn't use accessory buildings for storage of goods and supplies.

David said for the most part that's the way it was prior to 2012.

4. Discussion for Residential Bee Keeping Districts 155-10.10 B. 2. c and d

(Colin Duesing)

Colin Duesing stated the Land Use Department received a request from Pat Costion of Miami Street in Joliet asking to allow bee keeping in the R-5 District.

Back in October County Board Member Millitello brought in someone from the Elwood area looking for relief to allow bee keeping in the R-3 as a special use. In this case the request is to look at the Ordinance and allow bee keeping in all our districts with restrictions.

Examples from nearby communities were provided to the Committee with staff's memo. All have zoning restrictions within their zoning ordinances with regard to bee keeping. Colin asked the Committee do we want to leave it as is or do we want to add a special use in our residential districts for bee keeping or add bee keeping as a permitted use in residential districts?

Board Member Militello said absolutely I do. The gentleman did take it down but she thinks we should have it as a permitted use. Bees are important to the world. Chickens are a permitted use now. We can live without chickens but we can't live without bees.

Chairman Weigel agreed and thinks we should allow bees in the "R" districts.

Colin Duesing said they would draft language for that, as well.

5. Amending Certain Provisions of the Will County Building Ordinance and Codes

(Brian Radner/Owen Needham)

Brian Radner stated the Land Use and Development Committee asked the department to prepare draft language that would add to the list of building improvements that are exempt from requiring a building permit.

Discussions over the last several months resulted in three topic areas that include a single-family residence roof repair 100 square feet or less, single-family residence exterior door replacement within the same frame building and replacement of exterior gutters and leaders. These are all currently regulated by Chapter 150 of the County's Code.

Draft language was provided to Committee Members that would be an amendment to those topic areas and specifically from R105.2 in the International Residential Code. There are already a series of ten exemptions. These would add some additional exemptions from what would be required for a permit for this type of work activity.

Brian Radner asked the Committee for a vote to put the amendment to public hearing. We would publish it. The amendments would then come back to the Land Use Committee for recommendation to the Full County Board for approval and adoption.

6. Motion to send the proposed Building Ordinance Text Amendments to public hearing.

The motion carried unanimously 6-0.

Mr. Radner stated there is one additional part to the Building Ordinance Text Amendment. It is related to the State Plumbing Code. The County's Building Ordinance currently references the 2004 Illinois State Plumbing Code. The reason is because when the County was adopting the 2012 Series of Building Codes the State was also going through a process but Will County finished their process before the State finished theirs. The State now has the Illinois State Plumbing Code which was adopted in 2014.

Brian Radner stated he talked to Brian Cox from the Illinois Department of Public Health and also our Council. The Illinois State Plumbing Code is the law of the land. It is unambiguous that the County and all of its residents are subject to following Illinois State Plumbing Code. Within that Code it requires inspections and permits. There is a possibility we may be able to look at some plumbing- related work that would fall under the category of minor plumbing repairs.

The State person Brian Radner talked to recommended he work with the Land Use Committee and staff to come up with a list of some items we think might be minor repairs. We could put that before the Illinois Department of Public Health and they can respond and say yes, that is an example of a repair that doesn't require a permit. Then we could make that clear to the citizens and people that are seeking permits in the County.

Mr. Radner asked the Committee to think about some things they consider minor plumbing repairs and we can check with the State to see if under the Illinois Plumbing Law that is a minor repair. Brian told Committee members they could email their list to staff or bring it up next meeting for discussion.

Brian Radner said we also need to remove the reference to the 2004 State Plumbing Code and anything that relates it to local amendment because the only local amendments that are permissible by the State are amendments that are more stringent than what the State's Plumbing Ordinance is. So we have to remove those references in our Ordinances. Staff is also seeking approval to do just that. Staff would run those together with the other Building Code Exemptions.

Brian Radner said the State doesn't define what is a minor repair so I want to make it easier for our citizens. Brian asked the Committee Members to think about what items they consider might be a minor repair that would fall into that category and relay their list to the department by whatever method they choose, be it email, mail, whatever. Brian would take that to the Department of Public Health and see if they agree that is a minor repair and then we can make it clear to our residents that these are what we call minor repairs. The State has endorsed it. You don't need a permit for this type of activity.

Chairman Weigel asked each Committee Member to make up a list and email it to Brian before the next meeting so he can compile a list of what you think is a minor repair. In the mean time let's make a motion to change the title for the Illinois Plumbing Code.

Result: Approved [Unanimous]

Mover: Steve Balich, Member

Seconder: Laurie Summers, Member

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

7. Motion to remove all references related to the 2004 Illinois State Plumbing Code.

Judy Ogalla asked do we have a flat fee for everything or do they vary?

Brian Radner said the Building Ordinance sets out the fees. There's a plan review fee, a building permit fee and based on the cost of construction which is $8.00 per $1,000.00 of the cost of construction.

Owen Needham said the minimum plan review fee is $50.00 and can go up to $300.00 for a single-family residence and $16.00 per 1,000 square feet above 3,000 square feet.

Brian Radner said when the Building Ordinance was adopted it included a set of fees and I want to say those fees haven't been updated in maybe ten years. They were not changed last time around, correct?

Owen said correct.

Radner said the fees help cover the cost of the first inspection. If the inspector goes out and they didn't do it to Code and they have to schedule a re-inspection there's a fee for that.

Chairman Weigel told staff if you feel some of these fees are under priced you could bring it back to us.

Result: Approved [Unanimous]

Mover: Steve Balich, Member

Seconder: Debbie Militello, District 6 (R - Channahon)

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

V. Reports, Communications, Correspondence

1. Chairman, Will County Land Use and Development Committee

2. Committee Members, Will County Land Use and Development Committee

Board Member Balich asked what is the status regarding people wanting to pay fines for things like burning, that's the issue that came up, instead of going to Adjudication?

David Dubois said Ron Pullman spoke to Jennifer Sharp and she will be reaching out to you directly.

Judy Ogalla asked for an update on the open permits situation.

Brian Radner said we are meeting on Thursday with the same group we have been meeting with, which is the State's Attorney's Office, Ragan, other people from leadership out of the County Executive's Office. Brian is hoping this is their last meeting and there will be a plan of action of what they are going to do with each type of permit as they fall into different classifications.

Board Member Ogalla said has the amount that you were working on dropped?

Brian said there were slightly over four hundred recorded notices of violation. Brian was able to get about fifty of them removed because information had been updated in the system, the permit was closed out or it was an older violation where we didn't have backup information to close it out through the permit system and thought it was for a new home and it had actually been demolished. Brian said the number that is still out there is roughly about 350.

Mrs. Ogalla asked are all these of notices that were recorded?

Brian said not all of them have been recorded. Some of them are ones they could record notices on. Staff still has a stack of permits they have to go through to see if they are ones that could have notices recorded on them if that process is to be continued. They are not taking action on those until the actual action to be taken for this type of activity is determined.

Chairman Weigel asked Brian what time is the meeting Thursday?

Brian said 1:00 o'clock in the County Board Committee Room.

Chairman Weigel said I will try to be there.

3. Director, Will County Land Use Department

4. Other

5. Public Comment

VI. Executive Session

VII. Adjournment

1. Motion to adjourn the meeting.

The motion carried unanimously.

The meeting was adjourned at 12:10 pm.

Result: Approved [Unanimous]

Mover: Judy Ogalla, Vice Chair

Seconder: Mark Ferry, Member

Ayes: Militello, Weigel, Ogalla, Balich, Ferry, Summers

Absent: Winfrey

VIII. Next Meeting Will Be Held On May 8, 2018

https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2955&Inline=True

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