DeKalb Times

City of Dekalb Planning & Zoning Commission met Dec. 16.

Here are the minutes provided by the commission:

The Planning and Zoning Commission held a meeting on December 18, 2023, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. DeKalb, Illinois. Chair Max Maxwell called the meeting to order at 6:01 PM.

A. ROLL CALL

Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Steve Becker, Trixy O’Flaherty, Maria Pena-Graham, Shannon Stoker, Jerry Wright, Bill McMahon, and Chair Max Maxwell. Planning Director Dan Olson was present representing the City of DeKalb.

B. APPROVAL OF THE AGENDA (Additions/Deletions)

Chair Maxwell requested a motion to approve the December 18, 2023, agenda as presented. Ms. O’Flaherty motioned to approve the agenda as presented. Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote.

C. APPROVAL OF MINUTES

1. December 4, 2023 –Chair Maxwell requested a motion to approve the December 4, 2023, minutes as presented. Mr. Becker motioned to approve the minutes as presented. Mr. McMahon seconded the motion, and the motion was approved by unanimous voice vote.

D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None

E. NEW BUSINESS

1. Public Hearing – A petition by OLPOA Properties LLC, represented by Neville Gallon, for approval of the rezoning of the subject site at 122 Cotton Ave. from the “SFR2” Single-Family Residential District to the “TFR” Two Family Residential District and requesting a special use permit to allow two dwelling units on a lot that does not meet the minimum lot size requirement.

Neville Gallon, owner of the property, started with his background of owning multiple rental properties in DeKalb. He mentioned he purchased the property at 122 Cotton Ave. in 2018 from a HUD foreclosure. Mr. Gallon noted the non-conforming status of the property. He explained the building has been vacant for many years and had been a two-family dwelling before that and he is petitioning to get it zoned properly.

Mr. Gallon indicated the house has become an eye sore in the neighborhood and he is looking to bring it up to current building code standards. He noted DeKalb has seen a lot of industrial growth and many workers are looking for affordable rental properties. Mr. Gallon said he plans to add driveways on each side of the structure to alleviate parking on the street. He added a new roof and windows are planned as well as other interior and exterior upgrades.

Planning Director Olson went through the Staff Report dated December 14, 2023. He covered the background information on the property noting the site is zoned single family residential, but the history of house has always been a two-unit dwelling. He went on to state the property is currently legal non-conforming and needs to be rezoned to “TFR” Two-Family Residential due to the home being vacant for over six months.

Mr. Olson informed the Commission a special use permit was applied for due to the lot size not meeting the minimum requirements of the “TFR” District. He discussed the lot was recorded in 1894 and other lots along Cotton Ave. do not even meet the single family regulations for lot size. Mr. Olson said parking was the main concern of the staff particularly with a smaller lot size, however it has been addressed by requiring two driveways to be added.

Planning Director Olson said this request meets the standards for a rezoning and special use permit. He added this is a good transition in zoning from the commercial area to the south and east to the single-family areas to the north and west. He added the proposed improvements to the home will increase property values in the surrounding area.

Mr. Olson mentioned the public input that was received including a letter from Harold McDermit of 130 Cotton Ave. who stated the property has always been a two-flat rental property. Mr. Olson also said he received a phone call from Angela Faas of 136 Cotton Ave. who had questions about parking which were addressed with the addition of the two driveways.

Chair Maxwell asked if there were any questions or comments from the public in which there were none.

Chair Maxwell asked if there were any questions or comments from the Commission members.

Mr. Maxwell inquired about the change in zoning in relation to the building being vacant for so many years. Planning Director Olson explained the zoning has been single family in all the documentation he has been able to find on the property. He added there is no history of when the second unit was added and if it was legally done.

Ms. O’Flaherty moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning of the subject site at 122 Cotton Ave. from the “SFR2” Single-Family Residential District to the “TFR” Two Family Residential District and approval of a special use permit to allow two dwelling units on a lot that does not meet the minimum lot size requirements per Exhibit A of the staff report dated 12-14-23 and subject to the following conditions.

1. Prior to the construction of the two new driveways, a site plan shall be submitted indicating the details on the work needed in the right-of-way (curb and apron) and the proposed materials for the driveways.

2. The removal of the stone planter/mailbox, widening of the private sidewalk, the leveling of the front porch and the upgrade of the public sidewalk shall be conducted prior to the occupancy of the structure per the approval of the City Engineer and Chief Building Official.

Mr. Wright seconded the motion.

A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham – Yes, Ms. Stoker – Yes, Mr. Wright – Yes, Mr. McMahon – Yes, Chair Maxwell – Yes. Motion passed 7-0-0.

2. Public Hearing – A petition by Habitat of Humanity of DeKalb County, represented by Kim McIver, for approval of the rezoning of the subject site at 1209 Pleasant St. from the “LC” Light Commercial District to the “RC-1” Residential Conservation District, a special use permit to allow a two-family dwelling unit (duplex), and approval of a minor subdivision plat.

Sheri Kosmos, board member of Habitat of Humanity located at 308 State St. in Sycamore, stated the rezoning request will allow for the construction of a duplex on the subject site. She added there will be a shared driveway for the two dwelling units and a one-car garage for each. Ms. Kosmos explained there are mature trees on the property which they are planning to keep. She explained they are currently receiving applications for families with construction taking place in the Spring of 2024, and families closing on the units by the end of 2024.

Planning Director Olson went through the Staff Report dated December 14, 2023, and explained the property is located along Pleasant St., which has a good amount of light commercial zoning with some single-family, two-family, and multi-family units. Mr. Olson stressed the 2022 Comprehensive Plan shows most of the area along Pleasant St. as residential due to the City not seeing expansion of commercial uses.

Mr. Olson added a special use permit is needed for a two-family dwelling unit in the Residential Conservation District and the applicant has submitted a two-lot subdivision plat. He mentioned the plans show there is adequate lot size, meeting all the setbacks, and they would be consistent with the density within the neighborhood. Mr. Olson added the proposal is consistent with the 2022 Comprehensive Plan and the 2001 Pleasant Street Revitalization Plan. He mentioned the public response form received from James Franklin of 1203 Pleasant Street who indicated his support of the request.

Chair Maxwell asked if there were any questions or comments from the public in which there were none.

Chair Maxwell asked if there were any questions or comments from the Commission members, in which there were none.

Trixy O’Flaherty moved that based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of the rezoning of the subject site at 1209 Pleasant St. from the “LC” Light Commercial District to the “RC-1” Residential Conservation District, a special use permit to allow a two-family dwelling unit (duplex) and approval of a minor subdivision plat dated 11-6-23 labeled as Exhibit A in the staff report subject to all staff comments being addressed prior to the recording of the plat and subject to the condition the exterior of the two dwelling units shall remain compatible in relation to the colors, materials, and architecture.

Ms. Pena-Graham seconded the motion.

A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham – Yes, Ms. Stoker – Yes, Mr. Wright – Yes, Mr. McMahon – Yes, Chair Maxwell – Yes. Motion passed 7-0-0.

F. REPORTS

Planning Director Olson said the next Commission meeting scheduled for January 2 will be cancelled. He said there is at least one hearing scheduled for Tuesday, January 16, which is the re-location of a retail tobacco store in the Junction Shopping Center to another tenant space. Mr. Olson added there may be a rezoning petition for property at Route 38 and Webster Road on this meeting date as well.

G. ADJOURNMENT

Mr. Becker motioned to adjourn, Mr. Wright seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:30 PM.

https://www.cityofdekalb.com/AgendaCenter/ViewFile/Agenda/_01162024-2474