►
Description
Planning, Zoning & Agriculture Committee Meeting 2/22/2023 9:00am
A
Morning,
everybody
but
welcome
you
to
pza
committee
meeting
for
Wednesday
February
22nd.
Could
we
get
a
roll
call?
Please.
C
A
Thank
you.
Okay.
We've
got
Carol
Weber
on
Zoom
Carol.
We
need
a
motion,
Mr
Swanson,
Mr
long,
all
in
favor,
say
aye
aye.
Thank
you,
you're
all
set
Carol.
Thank.
B
A
B
A
We
had
everyone
received
their
minutes
in
the
email.
Anyone
have
any
Corrections
or
deletions
or
anything
they
want
to
change,
if
not
to
entertain
a
motion
to
approve
them.
Mr
long.
A
D
In
your
packet,
you
have
the
building
report
for
January
2023.
We
issued
a
total
of
30
permits
in
January,
one
of
them
for
a
new
house
with
total
fees
collected
11,
832
dollars,
and
it's
down
pretty
substantially
from
January
of
2022.
A
Anybody
have
any
questions
so
we
had
to.
We
had
to
just
go
on
that
or
we
got
a
vote
on.
It
need
a
vote.
Okay
emotionally
approve
the
building
report,
Mr
Ashcraft
and
Mr
long,
all
in
favor,
say:
aye
aye,
Thanks
Dale
next
upper
proposed
I
got
I'm
going
to
buy
my
pages
instead
of
the
agenda.
We
have
a
storm
water,
ms4
program,
discussion
by
Mr
skimmerhorn
today,.
D
Okay,
we
are
required
by
our
ms4
programmed
to
discuss
the
program
at
planning
and
zoning
every
month.
I
do
have
some
news
this
month,
the
iepa
did
review
our
process
and
when
we
made
it
through
it
with
only
two
minor
Corrections,
we
need
to
place
our
environmental
justice
map
and
program
on
our
website.
D
Either
on-site
or
we
can
put
Lids
on
them
and
bring
them
back
to
the
office
as
long
as
they
sit
still
for
about
a
half
hour,
they
will
settle
out.
We.
D
That's
a
that's
one
of
14
things
we
look
for
in
the
water.
Apparently
we
hadn't
been
doing
that,
so
we
need
to
start
other
than
that,
though
it's
pretty
minor,
so
we
we
made
it
through
our
review
very
well.
A
D
Give
me
just
a
second
here:
I
should
have
I'm
in
the
wrong
spot.
That's
why?
Yes,
our
storm
water
ordinance
was
adopted
in
2006.
You
should
have
a
copy
of
it.
In
your
packet
there
and
I've
highlighted
in
green
additions
to
the
ordinance
and
red
strikethroughs
are
removals.
There
was
a
typo
error
under
on
the
first
page
under
B
in
2006,
when
the
ordinance
was
written.
D
If
you
look
on
page
two,
those
two
items
that
are
highlighted
in
yellow
those
were
included
in
the
original
ordinance
in
2006
to
charge
a
fee
for
stormwater
permits
as
set
forth
in
chapter
18..
When
you
turn
back
to
chapter
18,
there
was
nothing
listed
for
fees,
so
they
passed
the
ordinance
and
then
for
some
reason.
Never
it
moves
forward
with
arranging
the
fees.
If
you
go
to
the
last
page,
I
did
a
an
analysis
of
the
average
time
it
takes
us
to
perform
the
reviews
and
inspections
for
these
two
types
of
permits.
D
D
So
we
are
suggesting
and
there
was
never
a
figure
if
you,
if
somebody
didn't
agree
with
us
and
wanted
to
appeal,
there
was
no
fee
for
that
listed
either.
So
for
an
appeal
would
be
250
and
that's
in
line
with
all
of
our
appeals,
appeal
to
the
board
of
examiners
or
to
the
zoning
board
of
appeals
is
250.
D
class.
One
grading
permit
that
is
done
entirely
in-house
and
that's
for
anything,
that's
less
than
an
acre.
So
we
would
be
charging
a
two
hundred
dollar
flat
fee
on
that
and
class
two
which
actually
requires
engineering
and
a
lot
more
review
would
be
five
hundred
dollars,
plus
thirty
dollars
per
acre,
because
the
larger
the
site,
the
more
review
and
more
time
we
put
into
it.
A
Anchorage
B
30
bucks,
okay,.
A
D
You
have
that
I
can't
state
that
we
get
a
fair
number
of
storm
water.
Permit
requests
in
our
office
I
think.
Maybe
they
didn't
go
forward
with
the
with
the
fee
because
they
assumed
they
would
get
a
building
permit
fee,
and
that
would
cover
it,
but
we're
getting
a
lot
of
them
for
ponds,
parking,
lots
and
Grading
where
there
is
no
other
fee,
and
therefore
we
do
all
of
this
review
for
free,
okay,
currently
yeah.
D
D
D
D
Yes,
how
much
does
that
cost
650.
six
to
seven
hundred
dollars
for
a
meeting,
but
we
group
them
together.
So
if
you
get
a
rezoning,
those
are
six
hundred
dollars.
You
get
a
special
use.
Those
are
six
hundred
dollars.
We
try
not
to
do
a
meeting
with
just
a
variance
which
is
280
or
an
appeal.
Okay,
and
we
rarely
get
an
appeal.
We've
had
them
in
my
32
years,
I
think
I've
seen
three
yeah.
A
D
Like
this
find
the
page
where
it
talks
about
the
figures-
okay,
this
is
a
decommissioning
plan
for
Illini
solar,
which
is
located
in
Limestone
Township,
we've
reviewed
it.
The
numbers
seem
to
be
in
order,
and
the
total
for
the
bond
would
be
276
348
dollars.
D
A
Motion
in
a
second
okay,
Mr,
Miller,
Mr
Alexander.
Second,
all
in
favor,
say
aye.
A
E
Thank
you
bill
is
this
in
line
with
the
new
law,
it
was
effective
immediately.
Is
this
mayor
of
the
states
this.
D
Will
be
the
last
one
under
under
that
this
was
a
approved
back
in
2018.
So
therefore,
it
follows:
okay,.
D
This
should
be
the
last
one
unless
somebody
comes
in
between
now
and
may,
when
we
have
our
new
ordinance
in
place
and
if
we
have
well
I
take
that
back
anything
as
long
as
they
are
not
asking
for
an
extension
or
a
change
to
their
plan.
Anything
that
was
pre-approved
prior
to
January
of
this
year
would
follow
the
old
rule,
so
any
of
them
that
were
approved
in
2018.
That
can't
comes
in
right.
We
would
still
be
doing
this
for.
E
D
E
A
E
A
D
So
we
have
the
the
next
one.
D
Well,
it's
the
2022
zoning
activity,
we're
always
a
year
behind
on
zoning
yeah.
Each
year
we
ask
the
board
to
re-adopt
the
County
zoning
map
with
the
changes
all
the
zoning
changes
from
the
previous
year.
Last
year
we
had
21
zoning
cases.
Seven
of
those
were
rezoning.
11
were
special
use,
permits,
six
of
those
being
Community
solar,
Gardens,
three
variances
and
17
Farm
set
exemptions
out
of
the
21
19
were
approved,
one
was
withdrawn
and
one
one
is
still
pending.
D
Okay,
our
original
zoning
map
was
adopted
back
in
March
21st
1967,
and
it
is
revised
periodically
over
time.
The
last
major
renovation
of
the
map
was
with
the
when
we
redid
the
zoning
ordinance
back
in
May
14th
1996.
Next,
please
actually
I
had
my
own
clicker
here
somewhere.
D
Do
that
now,
beginning
back
in
about
2000,
when
we
went
digital
mapping
where
we
were
able
to
do
a
better
job
of
updating
the
maps
on
on
a
regular
basis,
we
have
been
adopting
them
every
year,
and
this
is
what
I
know
it's
hard
to
read.
If
you'd
like
to
look
at
the
actual
map
you
can
come
down
to
the
office,
it
will
be
posted
on
the
K3
GIS
once
the
County
Board
approves
it,
but
that's
what
the
new
map
for
2023
looks
like
and
that
incorporates
all
of
those
21
cases.
D
That
I
mentioned
earlier,
probably
the
biggest
one
you
can
notice.
There
would
be
the
Heritage
Prairie
solar
farm
up
in
the
left
corner.
It's
kind
of
a
purplish
hatch,
color.
D
D
A
Need
a
motion
to
approve
that
we
need
a
motion
to
approve
that:
okay,
so
we're
gonna
go
with
it:
okay,
okay,
a
motion
to
approve
the
zoning
map;
Mr
Swanson
second,
by
missed
on
Mrs
Andre,
back
Miss,
Andre
Andrade;
okay,
all
in
favor,
say
aye.
B
D
This
is
part
three
of
our
ongoing
training
session
about
what
the
planning
department
does.
Today's
topic
is
going
to
be
the
Kankakee
County
zoning
ordinance
and
the
zoning
process.
D
Part
there
we
go
part
C,
all
right
there
we
are
okay,
I
think
be
probably
best
to
you
know,
just
ask
any
questions
as
we
go
along
and
I
will
go
ahead
and
get
started
here.
The
zoning
process
begins
with
the
County
zoning
ordinance.
That's
authorized
by
55
ilcs
5
5
12001
in
the
state
statute,
our
first
as
I
mentioned
earlier
during
the
zoning
map,
our
first
ordinance
was
adopted,
March
21st
1967.,
and
it
has
been
amended
periodically
with
the
last
major
update
in
1996..
D
D
A
The
procedure
for
making
a
change
or
amend.
D
We
would.
We
would
write
a
write
it
up
with
the
changes
that
we
want
to
see
and
then
I
would
take
that
before
the
zoning
board
of
appeals,
they
would
be
the
hearing
body
for
that
ordinance
change
and
then
once
it
got
through
there
go
to
planning
and
zoning
and
ultimately
to
the
county
board
for
final
approval.
Okay,
cool
thanks
all
right.
D
So
the
ordinance
divides
the
county
into
10
districts.
We
have
what
is
called
euclidean
zoning,
which
is
means
that
it's
everything
is
in
a
district
and
each
district
it's
designed
to
separate
incompatible
uses.
So
if
you
look
at
our
our
districts
there,
we
have
the
A1
agricultural
District,
the
A2
agricultural
estate
District,
which
is
kind
of
a
hybrid
between
Agriculture
and
residential.
It
is
for
farmsteads
of
two
acres
or
more.
We
have
rural
estate,
which
is
only
allowed
within
a
mile
and
a
half
of
a
municipality.
D
That
one
is
a
is
similar
to
the
A2,
except
you
can
have
lots
as
small
as
one
acre.
We
have
the
R1
single
family
residential
Zone,
which
is
self-explanatory.
We
have
the
R2
high
density
residential.
Currently
we
have
only
one
property
in
the
county
that
is
zoned
that
up
in
diversitech
we
have
the
PL
public
lands,
District,
that's
for
parks
and
recreational
areas.
D
We
have
the
C1,
which
is
restricted
commercial,
C2,
General,
commercial,
i1,
light
industrial
and
I2
General
industrial,
those
are
the
10
districts
and
each
one
has
different
uses
listed
under
that
other
parts
of
the
ordinance
we
have
the
general
Provisions,
which
sets
for
the
rules,
definitions,
interpretations,
separability
and
scope.
There's
a
section
in
there
about
Administration
and
enforcement.
That
tells
me
and
my
my
team
what
to
do
and
what
not
to
do
in
given
situations.
D
D
That's
the
only
two
puds
that
we
currently
have
and
that's
basically
a
negotiated
zoning
like
up
in
diversitech
it's
Zone
I2,
but
because
of
the
Pud
you
don't
necessarily
have
to
follow
the
setbacks
for
the
I2
District
that
can
be
negotiated
or
Building
height
or
lot
coverage.
D
Those
things
can
be
negotiated
because
of
the
the
Pud
status,
there's
a
section
on
Accessory
structures
and
uses.
There's
the
sign
code
parking
and
loading
and
access
and
Roads
now,
when
they
set
up
zoning
back
in
the
1920s
nationally,
it
was
realized
that
there
would
be
uses
and
structures
out
there
that
would
be
put
into
districts
that
they
shouldn't
be
in.
Those
are
called
Legal.
D
Non-Conforming
uses
a
legal
non-conformity,
an
example
of
that
would
be,
let's
say,
a
neighborhood
zoned
residential,
but
up
on
the
highway
happens
to
be
a
Tavern
and
back
in
1967
because
of
mapping
limitations
and
such
the
whole
area
got
its
own
residential.
D
Well,
that
Tavern
would,
since
it
should
be
in
the
C2
commercial
District,
would
be
a
legal
non-conforming
use.
It
would
be
allowed
to
stay,
as
is
where
is
but
any
changes
to
it
would
have
to
come
into
compliance
and
therefore
be
rezoned
to
C2
commercially.
If
they
were
to
expand
it.
If
they
were
to
decide
it's
a
Tavern,
let's,
let's
add
a
restaurant
to
it,
that
would
that
would
trigger
it
being
changed,
but
other
than
that
it
could
stay,
as
is
where
it
is.
D
Occasionally
we
get
non-conformities,
not
legal,
non-conformities
non-conformities
that
that's
where
something
happened,
usually
without
permitting
that
we
were
unaware
of
and
it
doesn't
fit.
The
does
not
fit
the
district
that
it's
located
in
those
cases,
those
must
be
corrected
before
they
can
move
forward
with
any
permitting
or
usually
we
catch
those
when
they
want
to
sell
it.
D
D
They
all
are
depicted
on
the
map
and
and
must
be
depicted
on
the
map
and
the
map
must
be
updated
by
March
of
each
year
and
doesn't
have
to
be
re-adopted
by
the
board,
but
we
found
it's
easier
to
take
it
to
the
board
and
have
it
re-adopted
each
year.
Therefore,
we
have
a
good
current
map.
Every
year,
as
I
said,
the
official
map
is
kept
in
the
planning
department
and
a
copy
is
filed
with
the
county
clerk.
That's
actually
wrong,
there's
some
it's
one
filed
with
us.
D
The
official
map
is
in
the
county
clerk's
office,
so
it's
backwards
and
I
just
threw
that
one
in
there
from
the
last
time
that's
2016
map,
but
can't
read
it
anyway.
So
that's
what
the
maps
our
Maps
look
like
now,
the
zoning
process,
somebody
want
has
property
and
they
want
to
make
a
change
to
it
that
doesn't
fit
the
district
in
which
they're
in
or
doesn't
meet
the
bulk
regulations
for
setbacks,
or
something
of
that
nature
starts
with
an
starts
with
an
application.
D
They
submit
an
application
to
the
county
clerk.
The
county
clerk
sends
that
application
up
to
us.
We
review
it,
and
then
we
set
a
hearing
date
for
the
zoning
board
of
appeals.
The
zoning
board
appeals
role
is
to
hear
the
evidence
and
gather
all
of
the
evidence
and
render
a
recommendation
to
the
County
Board
of
what
those
findings
are
and
all
of
that
evidence
gets
boiled
down
into
findings.
Of
fact.
These
are
the
facts
of
the
case
and
they
must
meet
the
facts
of
the
case.
D
The
applicant
must
meet
the
facts,
the
findings
of
fact,
in
order
to
get
a
positive
outcome
on
the
recommendation
once
the
zoning
board
of
appeals
is
done
with
it,
then
it
comes
to
this
committee
and
this
committee's
role
is
to
review
those
findings
of
fact
not
to
collect
any
more
evidence
or
hear
any
more
evidence,
but
to
review
the
findings
effect
from
the
zoning
board
of
appeals
and
ensure
that
they
made
a
proper
decision.
D
But
this
committee
feels
that
they
did
not
review
everything
that
needed
to
be
reviewed.
They
should
send
it
back
to
the
zoning
board
of
appeals
for
another
public
hearing
to
hear
that
evidence.
D
The
county
boards
roll,
the
full
County
board's
role
is
to
review
all
evidence,
findings
and
recommendations,
and
the
County
Board
makes
the
final
decision
on
most
cases.
There
are
some
cases
minor
variances
that
stop
at
zoning
board
of
appeals,
and
they
are
the
final
decision
makers,
but
most
of
them
do
come
to
the
County
Board.
D
So
what
is
the
zoning
board
of
appeals?
It's
a
seven-member
board,
they're
appointed
by
the
County
Board
and
they're
designated
to
hear
the
appeals
for
zoning
gather
facts
and
information,
deliberate
those
facts
and
render
a
recommendation
for
approval
or
denial
and
who
are
they
Gene
rodemacher
from
Sumner
Township
chairs,
the
zoning
board
Dave
De
Young
is
the
vice
chair
from
Saint
Anne.
D
We
have
Elizabeth
Scanlon
from
Pilot
Township
Dennis
Martin
from
Manteno
Jason
O'connor
from
Limestone
Willie
Ames
from
Kankakee
and
Brett
Herrod
from
Norton
Township
and
Michelle
Sadler
and
myself
are
the
secretaries
for
the
board
of
appeals.
We
keep
the
record.
We
set
the
meetings
and
supposed
to
take
notes,
but
we
in
minutes,
but
we
actually
hire
a
court
reporter
to
do
that,
so
that
we
have
exact
verbatim
minutes
of
the
meeting.
D
They
hear
a
requests
for
map
amendments
anytime.
We
often
refer
to
them
as
rezonings,
but
a
rezoning
is
a
map
Amendment.
You
are
amending
the
map,
the
County
zoning
map,
so
that
is
technically
a
map
Amendment.
They
also
hear
text
amendments.
That
is
a
request
to
change
the
ordinance
and
they
hear
special
use
permits.
D
Special
use
is
in
the
ordinance
each
each
district
has
a
list
of
permitted
uses
under
it
and
a
list
of
special
uses
under
it
permitted
uses
are
allowable
by
right.
If
you
want
to
do
one
of
those
uses,
you
do
not
need
any
zoning
approvals.
It's
automatically
already
approved,
then
the
list
of
special
uses
because
they're
they
they
fit
in
with
with
the
district,
but
they
might
have
certain
aspects
to
them
that
aren't
quite
compatible.
Those
are
special
uses.
D
An
example
of
that
would
be
what's
that.
Well,
solar
farm
in
the
A1
District,
while
generally
compatible
with
the
surrounding
uses.
There
may
be
aspects
of
that
particular
use
that
could
do
harm
to
their
surrounding
area,
such
as
noise
or
Shadow
flicker,
or
anything
like
that
that
the
County
Board
would
need
to
scrutinize
further
and
determine
that
they're
not
going
to
harm
any
of
the
surrounding
area.
Those
are
special
use
permits,
so
each
each
district
has
a
list
of
special
use
permits
under
them.
D
If
your
use
is
not
in
that
list,
then
you
need
to
go
rezone
to
a
District
that
does
have
the
permitted
use
in
the
list,
such
as
you
can't
have
a
solar
farm
which
is
especially
experiment
the
A1
District
in
the
residential
district.
You
would
have
to
rezone
to
A1
first
and
then
get
your
special
use.
Permit.
D
D
That's
already
doesn't
meet
the
setback
limitations
such
as
a
house
that
was
built
20
feet
from
the
road
when
it
should
have
been
50.,
but
it
was
built
back
in
1950s
when
we
didn't
have
zoning,
so
it's
a
legal
non-conformity,
but
they
want
to
add
on
to
it
and
that
addition
would
be
too
close
to
the
road,
so
they
would
require
that
would
require
a
variance
or
a
in
the
driveways.
The
you
know
a
driveway,
that's
too
close
to
another
driveway
or
doesn't
meet
our
spacing
requirements.
D
They
can
ask
for
a
variance
for
Relief
on
that.
Variances,
though,
do
have
some
scrutiny
to
them.
One
of
the
things
about,
probably
the
the
biggest
item
that
the
applicant
must
prove,
is
the
physical
hardship.
We
just
had
one
recently
that,
in
my
opinion,
had
no
physical
hardship
whatsoever.
D
Hardship
cannot
be
it'll,
cost
me
more
to
do
it
or
I.
Don't
have
the
finances,
it
must
be
a
physical
issue
with
the
property
such
as
I
can't
put
my
garage
in
the
backyard
because
there's
a
creek
running
through
my
backyard.
D
D
In
that
case
of
the
creek
running
back
there,
it
probably
is,
and
the
appeals
part
of
their
name,
zoning
board
of
appeals.
They
hear
appeals
to
staff's
decisions,
as
I
said
earlier,
we've
only
had
about
three
in
the
last
30
years,
but
it
does
happen
when
someone
doesn't
agree
with
the
decisions
that
my
office
and
staff
makes.
They
can
appeal
to
the
zoning
board
of
appeals
for
relief
and
let
them
decide
and
they
maintain
the
Integrity
of
our
zoning
ordinance.
D
F
D
D
They
must
sign
off
on
the
application,
okay,
that
they
are
aware
of
it
and
they
approve
of
it.
Yes,
we
see
that
a
lot,
a
lot
of
sales
contingent
upon
them,
getting
the
variance
yeah
that's
happened,
a
lot.
They
won't
buy
it
if
they
don't
get
the
variance.
So
that
happens.
Yes,
so
the
zoning
process
applicant
meets
with
the
planning
staff.
D
Usually
this
is
initiated
with
the
building
permit
they
come
in
for
a
building
permit
for
for
their
project,
and
when
we
analyze
it,
we
determine
that
they
can't
do
it
there.
Under
the
current
zoning,
our
current
regulations,
and
then
we
advise
them
whether
they
need
rezoning,
a
special
use
permit
or
a
variance
or
sometimes
multiple
variances.
D
D
Then
the
zba
secretary
sets
a
hearing
date
and
it's
usually
at
least
20
days
out
from
the
time
of
the
that's
a
minimum
from
the
time
of
application,
because
there's
a
fifth
we
got
five
days
to
review
it
and
a
15-day
public
notice.
So,
15
days
before
that
hearing
date,
a
public
notice
is,
is
placed
in
the
newspaper
and
the
notice
is
sent
to
All
adjoining
property
owners
and
any
municipalities
within
a
mile
and
a
half
and
those
are
sent
by
certified
mail.
D
I
know
this
is
older.
Seven
days
prior
to
the
hearing,
we
actually
eliminated
that
with
our
last
rules
of
procedure,
so
it
is
15
days
across
the
board.
Now
then,
the
zoning
board
conducts
public
hearing.
They
hear
the
testimony
from
all
sides.
It's
all
all
testimony
is
under
oath
everyone,
giving
testimony
is
swearing
it
sworn
in
and
then
they
developed
the
findings
effect
and
render
a
recommendation
based
on
the
facts
must
always
be
tied
back
to
those
facts
and
it's
a
preponderance
of
the
facts.
D
D
Once
a
recommendation
has
been
rendered,
the
zba
develops
those
findings
and
they
forward
those
to
the
planning
and
zoning
committee
in
what
we
call
a
finding
a
fact
report
which
you
get
for
every
case
and
that
outlines
what
happened
at
the
Zoning
Board
of
Appeals
and
the
public
hearing
is
the
only
time
that
new
evidence
can
be
presented
not
at
planning
and
zoning
or
at
the
County
board
meetings.
So
if
you
feel
you
need
more
evidence,
you
need
to
send
it
back
to
zoning
board.
D
Okay,
you'll
hear
a
lot
of
public
comment,
a
lot
of
times
that
at
the
committee
or
the
board
meeting.
That's
not
evidence
and
your
decision
should
not
be
based
on
anything
said
at
public
comment.
D
D
So
what
is
this
planning
zoning
and
AD
committee?
Do
they
review
zba's
recommendation?
They
can
agree
with
the
recommendation
and
forward
it
onto
the
county
board.
They
can
disagree
with
that
recommendation.
If
you
disagree
with
that
recommendation,
that
means
you're
disagreeing
with
one
or
more
of
the
findings
effect.
In
that
case,
you
must
come
up
with
your
own
finding
effect
that
is
contrary
to
the
zoning
boards.
D
The
zoning
board
found
that
that
no
harm
would
come
if
they
built
too
close
to
the
road,
but
you've
you
realized,
through
the
evidence,
reviewing
the
evidence
that
it's
a
pretty
busy
road
there's
a
likelihood.
A
car
could
come
off
of
that
and
hit
some
hit
that
building
and
cause
injury
and
damage.
D
Then
you
would
write
up
the
finding
to
say
that
that
would
be
in
contrary,
and
you
would
forward
that
finding
with
your
recommendation
to
deny
to
the
full
County,
Board
and
so
and
that'll
be,
and
if
you
determine
that
the
public
hearing
was
not
sufficient
for
whatever
reason
that
not
enough
information
was
gathered,
or
there
was
other
points
that
you
wanted
them
to
consider.
D
D
Could
be
the
owner
of
the
property
could
be
a
person
purchasing
the
property
or
anyone
with
interest
in
the
property
that
addresses
your
question
from
earlier
could
be
individuals
or
corporations,
all
applicants
and
anyone
speaking
on
their
behalf,
must
be
sworn
in
prior
to
testifying,
and
the
burden
of
the
case
is
the
sole
responsibility
of
the
applicants.
It
is
not
the
job
of
the
zoning
board
pza
or
the
County
Board
to
prove
their
case.
For
them.
D
Okay,
that
does
happen
occasionally
too
okay,
so
the
hearing
process
we'll
go
through
this
pretty
quickly.
Chairman
opens
the
hearing,
there's
a
roll
call
and
Declaration
of
a
quorum.
The
case
is
introduced.
Secretary
states
that
notice
requirements
have
been
met.
There's
a
reading
of
the
legal
description.
Usually
that
gets
waived
because
they
can
be
very
lengthy
and
take
up
a
lot
of
time.
The
board
here
tests,
here's
testimony
from
all
applicants
the
board,
cross-examines
testimony
and
evidence
from
applicants.
D
Any
objectives
are
allowed
to
comment
and
cross-examine
and
prevent
present
their
evidence
and
rebuttal
by
the
applicant
after
that
occurs,
so
that
they
can
answer
any
questions
that
came
up
at
public
comment
or
from
objectors,
and
the
board
hears
testimony
from
all
objectors
applicant
cross-examines
them
there's
rebuttal
by
the
objectors.
If
needed,
board
hears
comments
from
the
public
and
then
the
board
closes
the
public
hearing,
they
take
no
more
testimony
and
then
they
deliberate
the
facts
of
the
case
and
they
build
their
findings
effect
from
that.
D
These
are
the
standards
that
have
been
prescribed
by
the
County
Board
that
each
case
must
meet
in
order
to
be
approved.
They
are
listed
in
our
ordinance.
There
are
six
findings
for
a
special
use,
permit
four
findings
for
a
variance
and
ten
findings
for
rezoning,
except
for
the
A2
District,
which
ended
up
with
nine.
D
I
have
all
of
them
listed
out
here:
we're
not
going
to
go
through
them
one
by
one,
but
when
it
comes
to
a
variance,
the
first
two
are
the
most
important.
What
is
the
hardship
is
number
one
for
a
variance?
What
is
the
physical
hardship
on
the
property,
such
as
topographical
conditions,
physical
surroundings,
location
of
structures
that
are
legal
non-conforming?
D
D
What
are
what
is
the
unique
condition
that
cannot
if
it
can
apply
to
multiple
properties
on
a
regular
basis,
then
we
should
just
add
it
into
our
ordinance
and
not
do
variances,
which
is
how
we
ended
up
with
the
with
the
rural
estate
in
the
A2
District.
To
begin
with,
we
were
getting
a
lot
of
variances
for
lot
size
when
the
County
Board
made
lot
sizes
in
the
A1
District
20
acres,
everybody
who
wanted
less
than
20
acres,
was
asking
for
a
variance
for
lot
size.
D
D
And
I
list
all
them
out.
You
can
I'm
going
to
send
this
out
after
the
meeting,
so
you
can
review
what
each
one
says
in
your
leisure
amendments
to
text
and
map.
That's
a
change
from
one
District
to
the
other,
so
we
have
10
districts
if
you're
A1
Agriculture
and
want
to
build
a
Tavern
or
a
restaurant
you'd
have
to
rezone
your
property
to
see
two
commercial
as
an
example.
That
would
be
a
map.
Amendment
text.
Amendments,
of
course,
are
amendments
to
the
ordinance
itself.
D
D
C
D
There's
all
the
different
findings
effect
for
that
a
roll
of
the
pza
I,
don't
know
if
this
is
reiteration
or
not
yeah.
We
already,
we
already
covered
that,
and
the
role
of
the
County
Board
is
similar
to
the
role
of
the
pza,
the
difference
being
that
the
County
Board
is
the
final
decision.
D
How
can
I
make
good
decisions
review?
The
application?
Definitely
read
the
staff
reports
and
the
findings
of
fact,
reports
ask
questions
if
you
need
clarification
on
anything,
that's
what
I'm
here
for
I
can
discuss
anything
as
it
was
discussed
at
the
zoning
board
level.
An
item
comes
up
that
was
not
discussed.
Then
we
can't
really
discuss
it
if
you'd
still
like
it
discussed,
should
go
back
to
the
zoning
board
for
that
discussion.
D
D
The
only
exception
to
that
is,
you
can
talk
to
zoning
staff
and
you
can
talk
to
the
legal
counsel,
State's
Attorney.
You
should
not
testify
for
either
side
of
the
case.
If
you
do
want
to
testify,
if
there's
a
need,
if
you
have
a,
if
you
have
an
interest
in
the
outcome
of
that
case,
they're
your
good
friend
and
you
can
testify
for
them.
You
can
do
that
at
the
zoning
board
level,
but
most
likely
you
will
have
to
recuse
yourself
from
the
decision-making
process
later.
D
And
you
should
not
base
your
decisions
on
anything
other
than
the
facts
as
they
are
presented
at
the
hearing,
and
you
should
never
consider
the
number
of
people
in
attendance
I've.
Seen
that
happen,
where
a
room
full
of
objectors
automatically
makes
it
a
denial
which
it
shouldn't,
because
a
lot
of
times
the
number
of
people
there
who
don't
like
it
does
not
necessarily
mean
it
does
not
meet
the
findings
and
you
should
never
base
it
on
the
person's
demeanor
affiliation
or
dispensation
of
any
person
of
their
attitude.
D
I
do
remember,
picket
signs
a
couple
of
times
what
is
spot
zoning.
This
goes
back
to
rezoning
cases.
Map
amendments
need
to
meet
your
comprehensive
plan.
Spot
zoning
is
defined
as
the
rezoning
of
a
lot
or
parcel
of
land
to
benefit
the
owner
for
a
use
incompatible
with
the
surroundings
and
not
for
the
purpose
of
affecting
or
furthering
the
comprehensive
plan.
D
D
If
the
if
the
map
Amendment
does
not
does
not
meet
the
recommendation
of
the
comprehensive
plan,
it
is
by
definition
spot
Zone.
Even
if
it's
hundreds
of
Acres
yeah,
it
has
little
to
do
with
the
physical
side.
D
The
definition
of
ex
parte
is
one-sided.
This
occurs
when
information
is
communicated
between
parties
involved
in
a
legal
proceeding
and
Zoning
is
a
quasi-legal
proceeding.
That
is
not
heard
by
or
available
to
all
parties.
So
a
discussion
you
have
at
the
coffee
shop
about
a
zoning
case
is
not
heard
by
the
rest
of
the
board
members.
D
They
do
not
know
what
information
was
given
at
that
at
that
discussion,
that
is
ex
parte
Communications,
okay,
and
since
you
need
to
base
your
decision
on
the
record
and
the
findings
of
the
case
and
not
what
was
said
at
that
at
that
coffee
shop,
you
shouldn't
have
that
conversation
to
begin
with,
I
always
advise
that
if
somebody
comes
up
to
you
out
and
whatever
whatever
location
wants
to
talk
about
a
case,
instruct
them
to
show
up
at
the
zoning
board
of
appeals
hearing
and
they
can,
they
can
give
their
information
there,
where
everyone
can
hear
it.
D
Okay
and
it's
not
always
actual
ex
parte
Communications
a
lot
of
times
it's
the
perception
of
ex
parte
Communications,
but
I
can
tell
you
that
if
a
case
were
to
go
up,
you
know
go
to
the
court
system.
They
would
be
looking
at
that
and
a
case
could
be
overturned
because
of
ex
parte
Communications,
whether
actual
or
perceived.
So
we
like
to
try
to
avoid
that
wherever
we
can
now.
Sometimes
you
get
ex
parte
Communications
that
you
there's
nothing
you
can
do
about.
You
can't
unhear
somebody
shouting
from
across
the
street.
D
You've
heard
it
you,
you
opened
a
letter,
you
got
and
you
started
reading
it,
and
then
you
realize
hey.
This
is
about
this
case.
Even
though
you
closed,
you
might
close
that
letter.
You've
still
read
part
of
it.
In
those
instances
you
can
take
the
ex
parte
Communications
Away
by
presenting
that
information
at
the
next
available
meeting.
D
G
D
No,
if
you're,
just
driving
by
it's
in
the
public
view,
you
can
certainly
do
that.
Okay
driving
onto
the
property
walking
around
that,
would
that
that
would
be
a
no
okay,
okay
and
also
you
should
be
cautious,
I've
seen
that
happen
when
you're
out
there
driving
around
or
you
stop
in
front
of
a
property.
Somebody
comes
out
to
talk
to
you
that
can
be
very
that
can
become
ex
parte
Communications
very
quickly.
A
D
And
if
you
read
the
reports,
we
have
pictures
in
the
reports.
You
should
gather
most
of
the
information
you
need
from
the
reports
we
gave
you,
but
if
you
need
to
drive
by
it
to
get
a
perspective
that
you
can
do
I
would
caution
not
talking
to
anybody
while
you're
doing
it,
and
you
need
to
stay
in
a
location
where
you
can
view
it
from
public
View.
D
Okay,
so
there
are
so
I
can't
talk
to
my
constituents.
Well,
that
depends.
There
are
two
types
of
actions
that
the
board
will
take,
depending
on
the
zoning
request:
a
legislative
action,
that's
a
change
to
the
law,
which
is
our
ordinance,
and
we
know
that
the
map
is
part
of
our
ordinance,
so
a
map
Amendment
or
a
text
Amendment.
D
D
That's
an
action
taken
by
public
administrative
agencies
or
bodies
that
are
obligated
to
investigate
or
ascertain
facts
and
draw
conclusions
as
the
foundation
of
their
official
actions.
Quasi-Judicial
actions.
You
should
not
be
talking
to
anybody
outside
of
a
public
hearing
on,
so
it
gets
a
little
more
complicated,
so
legislative
actions
you
could
I'd
still
recommend
you
probably
don't,
but
you
could
text
amendments
and
map
amendments
are
legislative
actions.
Variances
special
use
permits,
appeals
for
administrative
decisions
are
quasi-judicial.
A
A
A
Yeah,
okay,
Michelle
yeah:
you
have
the
floor.
H
Here's
to
because
the
or
the
Bourbonnais
Grove
log
Schoolhouse
has
asked
to
be
nominated.
They
have
reconstructed,
it
I'm
sure
you're,
all
aware
of
it.
They've
reconstructed
it
on
the
same
property
that
the
laterno
home
is
on
so
I'm
asking
for
permission
for
the
chairman
to
sign
the
intergovernmental
agreement
with
bourbon
a
to
Landmark,
because
we
don't
have
jurisdiction
in
the
village
and
they
will
only
do
a
case-by-case
agreement
and
it
would
be
pending
State's
Attorney
approval.
They
have
approved
it
at
the
Bourbonnais
Village
level.
H
So
now
we're
wanting
to
get
County
board
approval
and
then
we
will
be
taking
it
to
hearing.
If
everything
goes,
we
have
a
hearing
scheduled
for
March
6th
for
the
historic
preservation,
Commission.
D
C
Would
absolutely
make
that
motion
and
the
document
that
they
presented
to
us
is
a
wonderful
document.
A
I'll
get
a
second
from
somebody
over
there:
okay,
Mr
Fairfield,
this
all
in
favor
we
spending
money
all
in
favor,
say
aye
aye
opposed
same
sign.
Thank
you,
I!
Guess,
thanks
Michelle,
anything
under
old
business,
Dell
I
have
none
I.
Don't
anybody
have
any
old
business?
A
D
Yeah,
let
me
just
cover
that
a
little
bit
things
about
that.
Okay,
the
board
of
examiners
is
and
appeals,
is
the
hearing
body
for
all
things,
building
code
related.
So
it's
really
the
zoning
board
of
appeals,
but
not
the
zoning
ordinance.
This
is
for
our
building
code,
ordinance,
there's
a
six-member
board
and
they
are
all
up
for
reappointment.
D
So
right
now,
there's
six
openings,
but
five
of
those
openings
are
filled
are
are
expected
to
be
filled
by
reappointing,
the
five
people
in
those
locations
which
is
Dave
Tyson
each
appointment
does
have
to
have
a
a
certain
background.
So
Dave
Tyson's,
a
civil
engineer,
he's
already
reapplied.
Jeff
Jarvis
is
the
architect
he's
reapplied.
Gregory
Alston
is
the
electrician
he's
reapplied
bill
backowitz
was
was
our
plumber?
He
is
no
longer
able
to
do
it,
so
we
do
need
a
plumber,
we're
looking
for
a
plumber
to
apply
for
that.
D
D
They
live
no,
but
they
must
be
qualified,
so
you're
qualified,
Plumbing
guy.
Then
we
need
a.
We
need
a
licensed
plumber.
Yes,
okay,.
A
Anyone
have
any
more
questions
motion
to
adjourn,
Mr,
Miller,
Mr
Fairfield.
Second,
all
in
favor,
say
aye.