Planning & Zoning Commission

DEKALB PLANNING AND ZONING COMMISSION AGENDA Tuesday, February 21, 2023 6:00 P.M. DeKalb Public Library Yusunas Meeting Room 309 Oak Street DeKalb, IL 60115 A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. February 6, 2023 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Public Hearing – A petition by Samuel Burnoski for a special use permit at 1104-1106 Lewis St. to allow the resubdivision of a “RC-1” Two Family Residential zoned lot into two single-family attached lots in accordance with Article 5.14.07.7 of the Unified Development Ordinance (UDO) and a request for a variance to Article 5.14.07.7.g.1 of the UDO regarding the minimum lot size for one of the single-family attached lots. F. REPORTS G. ADJOURNMENT COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this meeting in-person with a physically present quorum that is open to the public and in compliance with all applicable public health requirements. Pursuant to current public health guidelines, persons attending this meeting are not required to wear protective face masks/coverings. Planning and Zoning Commission February 6, 2023 Page 1 of 6 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION February 6, 2023 The Planning and Zoning Commission held a meeting on February 6, 2023, in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St. DeKalb, Illinois. Vice Chair Bill McMahon called the meeting to order at 6:02 PM. A. ROLL CALL Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission members present were: Trixy O’Flaherty, Shannon Stoker, Jerry Wright, and Vice Chair McMahon. Steve Becker, Maria Pena-Graham, and Max Maxwell were absent. Planning Director Dan Olson, City Manager Bill Nicklas, and City Engineer Zac Gill were also present representing the City of DeKalb. B. APPROVAL OF THE AGENDA (Additions/Deletions) Vice Chair McMahon requested a motion to approve the February 6, 2023, agenda as presented. Mr. Wright motioned to approve the agenda as presented. Ms. Stoker seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES 1. December 19, 2022 – Vice Chair McMahon requested a motion to approve the December 19, 2022, minutes as presented. Ms. O’Flaherty motioned to approve the minutes as presented. Mr. Wright 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 Canndid Spirit Too, LLC represented by Crystal Anderson for approval of a special use permit for a cannabis business establishment (cannabis dispensary) at 305 E. Locust Street. Nakia McAdoo, founding partner of Canndid Spirit LLC, introduced another founding partner, Crystal Anderson, Marty McDonald from their construction team, and Ed Brania from their security team (SMG). She expressed their appreciation to hopefully make DeKalb home to Excelleaf Dispensary. Ms. McAdoo spoke on Canndid Spirit’s background which started with three nurses, with over 60 years collective experience, and a veteran partner who focuses on providing trusted cannabis products. She continued by stating one of their goals is to remove the stigmas attached to cannabis and to promote the full legalization of this plant medicine. Planning and Zoning Commission February 6, 2023 Page 2 of 6 Ms. McAdoo explained they were awarded a dispensary license in 2020 in the Northwest Illinois Region and saw the growth occurring in DeKalb with no dispensary within a 35-mile radius. She went on to inform the Commission of the plans for the building including adding an ADA ramp to the front entrance along E. Locust St. She stated the hours of operation would start out being 9:00 a.m. to 9:00 p.m. and anyone under the age of 21 would not be employed or allowed on the premises. Nakia McAdoo noted they will have an online platform to complete orders that could be picked up in store to alleviate crowding and lines outside of the store. She added Excelleaf will maintain a discreet storefront and signage will follow state and local regulations. Planning Director Olson covered the Staff Report dated February 2, 2023, and mentioned the site is zoned Central Business District which requires a special use permit for cannabis dispensaries. Mr. Olson explained there was a change in regions for State licenses being issued and the applicant was granted a license for the area (Region #14 – Northwest Illinois Nonmetropolitan), which DeKalb County is located in. He went on to explain Canndid Spirit Too, LLC has a craft grower license and an adult use transporter license through the State. Mr. Olson continued stating the UDO setback standards for dispensaries are 250 feet from nursery schools, public/private schools, daycare centers, and NIU academic buildings and dormitories. He added the subject site complies with the setback standards in the UDO. He noted the building was a credit union in the past and it has been vacant for about a year and a half. Mr. Olson showed the site plan and added there will be three parking spaces with an additional handicap space east of the building and there are approximately 340 public/semi-public parking spaces within a four-block area. Planning Director Olson touched on the ADA ramp adding that four feet of the 10-foot public right-of-way along E. Locust St. will used for the ramp, leaving six feet available for the public walk. He added the applicant will likely apply for an AIP grant to help fund the construction of the ADA ramp. Mr. Olson noted a security plan approved by the Police Department is one of the conditions for this permit along with no onsite consumption of cannabis. He stressed this proposal follows the regulations of the UDO and Comprehensive Plan, would provide additional revenue for the City, and meets the health needs of the community. Mr. Olson said there were no public comments received and the City approves the request for a special use permit. Vice Chair McMahon asked if there were any comments from the public. DeWayne Brown of 520 Prospect Street said he spoke at a City Council meeting in 2016 recommending approval a medical cannabis dispensary along Peace Road. He mentioned they never opened due to not receiving a license from the State. He continued with many other dispensaries attempting to open with no luck. Mr. Brown exclaimed his strong approval for this proposal stating DeKalb has needed a dispensary for years. Planning and Zoning Commission February 6, 2023 Page 3 of 6 Vice Chair McMahon asked if there were any questions or comments from the Commission members. Shannon Stoker asked about the location and if there would be conflicts with Corn Fest and asked if the applicant objected to the parking lot to the north being closed during the festival. Planning Director Olson stated the applicants were made aware of the location of Corn Fest. Nakia McAdoo and Crystal Anderson stated they were made aware of Corn Fest and there was no objection. Jerry Wright asked if the projected revenue could be provided at this time. Ms. McAdoo does not have projected City figures with her but added the State of Illinois made $1.5 billion last year with $144 million in the month of December alone. Mr. Wright inquired on the number of employees they plan to hire. Ms. McAdoo answered 10 full-time and 10 part-time employees not including security. Mr. Wright wanted more information on the future retail space in the building. Nakia McAdoo explained this area will be designated to sell merchandise related to cannabis products and clothing. It may also be used as an education and event space. Bill McMahon stressed he has a few concerns with the proposed location and touched on the 250-foot setback in the UDO from schools, daycare centers, etc. He said the City is not following the spirit of the law regarding the setback requirements. He noted a dance school called Just For Kix is located just north of the subject site whose clientele is preschool and grade school children. Mr. McMahon added the Monat Building is a State University building staffed by graduate students and has classes. He also mentioned Debutantes is a cosmetology school along N. 3rd St. near the proposed location as well. Mr. McMahon voiced one last concern of property values in the surrounding area being negatively affected if this is approved. Planning Director Olson told the Commission the intent of the setback regulations for academic halls was meant for buildings on campus that routinely conducted classes. Mr. Olson spoke on the security measures at dispensaries, noting it will be a discreet facility, and it will not devalue surrounding properties. City Manager Nicklas added this proposed location will be a secure environment to legally purchased cannabis and probably more secure than liquor establishments in the surrounding area. Mr. Nicklas believes a cannabis dispensary will add value to surrounding properties. Nakia McAdoo respects concerns and assured it will be a well-run, discreet business and these dispensaries have shown to add value to surrounding buildings in other areas. Jerry Wright questioned how this business will promote themselves. Nakia McAdoo responded there are strict regulations on advertising a cannabis business. She noted most is done by word of mouth, the internet, and social media. Planning and Zoning Commission February 6, 2023 Page 4 of 6 Bill McMahon asked if employees had to be certified to work at a dispensary. Ms. McAdoo explained the State mandates the quantity that can be sold to an individual and the product must leave the store in a sealed package. Crystal Anderson spoke on all employees being certified and they have to go through an 8-hour training course annually. 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 a special use permit for a cannabis business establishment (cannabis dispensary) at 305 E. Locust St. as shown on the Site Plan dated 1-09-23 labeled as Exhibit A and subject to the following: 1. There shall be no onsite consumption of cannabis in tenant space as shown on Exhibit A without an amendment to the special use permit. 2. The applicant shall comply with the restrictions of Article 7.18 of the Unified Development Ordinance for “Cannabis Business Establishments” and have an approved security plan with the Police Department prior to a final certificate of occupancy. Ms. Stoker seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker- Yes, Mr. Wright- Yes, Vice Chair McMahon – No. Steve Becker, Maria Pena-Graham, and Max Maxwell were absent. Motion passed 3-1-3. 2. Public Hearing– A petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal Code to amend Article 12 “Off-Street Parking, Loading and Storage Requirements” of the UDO regarding design, landscaping, parking setback, and locational requirements, minimum parking space requirements, and other miscellaneous amendments. Planning Director Olson covered the Staff Report dated February 2, 2023, and discussed this was a comprehensive amendment to the parking regulations and involves several miscellaneous amendments also. He added none of the amendments will make the regulations stricter and will allow flexibility to the standards. Mr. Olson started with the language allowing alternate surfaces for mainly storage areas in industrial sites where accessibility to the public is not allowed. He stated currently these areas must be fully paved and the proposed amendment permits alternate surfaces approved by the City Engineer. He added there are a few conditions including the site must be in the General Commercial, Light or Heavy Industrial Districts only. In addition, the area cannot be accessible to the public, be within 50 feet of a residential zoned area, and be in the front of the building. Mr. Olson moved to the second amendment involving the location of parking facilities for residential uses if required parking is not available onsite. He explained if there is an agreement with an adjacent landowner, parking can be accommodated within 300 feet of the property. Sorority, fraternity, and rooming houses would be added as a part Planning and Zoning Commission February 6, 2023 Page 5 of 6 of the amendment. He continued with proposed amendments for parking setbacks, curbing, and driveways abutting alleyways. Planning Director Olson mentioned the current landscaping standards require shrubbery and berming along a parking lot fronting a street. He said providing both in a 10-foot setback area can be very difficult. Mr. Olson said the proposed amendment would require one or the other, not both. He added the amendments allow for flexibility for landscaping on a site-by-site basis. Mr. Olson discussed the proposed amendment allowing the sharing of parking up to 25% if operating at different times. He went on to describe the amendments for the parking requirements based on use. Mr. Olson added the intent was to make sure the number of spaces required actually met the parking demand of the use. He stated restaurants, multi-family housing, and Greek Housing were the main areas addressed. Zac Gill addressed the Commission and said this was more of a philosophical exercise from an engineering standpoint. He explained the City is trying to avoid all or nothing scenarios in relation to hard surfaced outdoor storage areas that take away from investment and improvements to a site. Vice Chair McMahon asked if there were any comments from the public in which there were none. Vice Chair McMahon asked if there were any questions or comments from the Commission members. Trixy O’Flaherty liked the addition of flexibility for City staff and added it makes sense, is business friendly, efficient and prevents people from having to jump through hoops. Ms. Stoker moved that based upon the submitted petition and testimony presented, the Planning and Zoning Commission recommend to the City Council approval of text amendments to the Unified Development Ordinance regarding the parking regulations as indicated in Exhibit A of the staff report. Mr. Wright seconded the motion. A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker- Yes, Mr. Wright- Yes, Vice Chair McMahon – Yes. Steve Becker, Maria Pena-Graham, and Max Maxwell absent. Motion passed 4-0-3. F. REPORTS Planning Director Olson announced the next scheduled meeting is set for Tuesday, February 21st with one hearing scheduled so far. The hearing is for 1104-1106 Lewis St. where the owner of a duplex is looking to split the lot and a special use permit is required. Mr. Olson discussed the amendments to Chapter 21 of the Municipal Code regarding the Planning and Zoning Commission that were handed out. Mr. Olson said the City Council approved the special use permit in January for a retail tobacco store at 901 Lucinda Ave. Planning and Zoning Commission February 6, 2023 Page 6 of 6 G. ADJOURNMENT Mr. Wright motioned to adjourn, Ms. O’Flaherty seconded the motion, and the motion was approved by unanimous voice vote. The Planning and Zoning Commission Meeting adjourned at 6:59 PM.  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT February 16, 2023 TO: DeKalb Planning and Zoning Commission FROM: Dan Olson, Planning Director RE: Special Use Permit and Variance to Allow the Resubdivision of a “RC-1” Residential Conservation District Zoned Lot into Two Single-Family Attached Lots and Approval of the Final Plat of the Burnoski Subdivision Located 1104-1106 Lewis St. (Samuel Burnoski). I. GENERAL INFORMATION A. Purpose Approval of a Special Use Permit and Variance to allow the resubdivision of a “RC- 1” zoned lot into two single-family attached lots. B. Location/Size 1104-1106 Lewis St./.19 acres C. Petitioner Samuel Burnoski D. Existing Zoning “RC-1” Residential Conservation District E. Existing Land Use Two Family Attached Dwelling Unit (Duplex) F. Surrounding Zoning and Land Use North: “RC-1”; Single-Family Residential South: “RC-1” Two-Family Residential East: “RC-1”; Two-Family Residential West: “RC-1”, Park G. Comprehensive Plan Designation Medium Density Residential II. BACKGROUND AND ANALYSIS The applicant, Samuel Burnoski, is requesting approval of a special use permit, variance, and an accompanying final plat to resubdivide a two-family (duplex) lot at 1104-1106 Lewis St. into two single-family-attached (zero-lot-line) lots. The property is zoned “RC- 1” Residential Conservation District and is 8,493 square feet (.19 acres). The applicant proposes to resubdivide the property along the common wall of the existing two-family (duplex) residential structure constructed in the mid 1970’s. The resubdivision would create two lots, with one residential unit on each of the new lots. Lot 1 would be 3,397 sq. ft. and Lot 2 would be 5,096 sq. ft. The resulting resubdivision would allow each of the units and the lots on which they are located to be owned or sold individually. In the “RC-1” District, the UDO (Article 5.14.07.7) has several criteria for the proposed type of resubdivision. Each new lot must be at least 3,500 sq. ft. and a minimum lot width of 25 feet is required. The interior lot line setback is removed to accommodate the new lot line going down the common wall. A declaration of cross easements and common wall agreement is required to be submitted, which covers the maintenance, responsibilities, and liability of the common wall between the two units. The applicant has submitted a Shared Wall Agreement, which has been reviewed and approved by our City Attorney. The Agreement will be recorded with the final plat. The proposed Lot 2 meets the 25-foot minimum lot width and the 3,500 square-foot minimum lot size requirement. Lot 1 is 3,397 sq. ft., which is slightly under the 3,500 sq ft. minimum therefore a variance was requested. The two-unit dwelling was not placed in the middle of the lot when it was constructed in the mid 1970’s and is located more on the western portion of the property. The possibility exists to make two lots of over 3,500 sq. ft., but the cleanest way to divide the lot is with one straight dividing line down the middle of the building (through the shared center wall). Making the lots irregularly shaped to meet the minimum lot area requirement would possibly cause a hardship and confusion for future owners. If the duplex had been built only two feet further to the east, splitting the lot down the center of the common wall would have yielded two lots over 3,500 sq. ft. and the variance request would not be necessary. The City has approved about a dozen similar special use requests in the “TFR” Two- Family and “RC-1” Residential Conservation Districts since 2001. The UDO also requires that each dwelling unit be serviced with its own water line, sanitary sewer line, sump pump line and all other utility lines and extensions. The applicant has worked on a drawing showing separate water and sewer lines to the two units. III. STANDARDS OF A SPECIAL USE 1. The proposed special use complies with all provisions of the applicable district regulations. The proposed special will comply with all regulations of the “RC-1” Residential Conservation District and the Unified Development Ordinance (UDO). The proposed Page |2 resubdivision would create two lots that will meet the 25-foot minimum lot width with one of the lots slightly under the 3,500 sq. ft. minimum lot size requirement. A variance request was submitted in conjunction with the special use petition for the one lot under 3,500 sq. ft. Only one dwelling unit will be located on each lot, and the structure complies with the setback requirements for “RC-1” District. 2. The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large. The proposed special use will not have a detrimental effect on the adjacent properties or land uses. The site has been zoned “RC-1” Residential Conservation District since 2008 and Two-Family Residential for many years before that. The proposed use is compatible with the residential uses found in the surrounding neighborhood and there are other duplexes along Lewis St. and south along N. 11th St. The proposed resubdivision will not have a negative impact on the adjacent properties’ values. 3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. The granting of the special use will not dominate the immediate area and will not prevent development on the neighboring properties. The existing structure is in scale with the surrounding neighborhood, which includes a mix of single-family, two-family, and multi- family residential structures. No changes to the existing structure will result from the approval of the special use permit or the accompanying final plat. 4. Adequate utility, drainage and other such necessary facilities have been or will be provided. The UDO requires that each dwelling unit must be serviced with its own water line, sanitary sewer line, sump pump line and all other utility lines and extensions. The two- family unit will be served by separate water and sanitary services extending from the water and sewer mains located along Lewis St. 5. The proposed use, where such developments and uses are deemed consistent with good planning practice, or can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of DeKalb. Page |3 The proposed special use will not be detrimental to the permitted developments and uses on the site or to the surrounding area. It is in the public’s interest to provide a variety of housing types to meet the needs of DeKalb’s citizens. The approval of the special use permit would positively affect the health, safety, and welfare of the citizens of DeKalb as it would allow the ownership and occupancy of each separate unit, which is generally accepted as a having a positive influence on the community. IV. FINDINGS OF FACT FOR VARIATIONS The request has been reviewed using the criteria regarding variances stated in Article 18, Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that district. The subject lot is zoned “RC-1” Residential Conservation District. The UDO requires that each new lot must be at least 3,500 sq. ft. and a minimum lot width of 25 feet is required. The home on the site is not located in the middle of the lot. When the lot is split down the common party wall, Lot 1 is 3,397 sq. ft. and Lot 2 is 5,096 sq. ft. Requiring the applicant to meet the 3,500 sq. ft. minimum lot size would result in an irregularly shaped lot that could lead to property maintenance issues between the two owners. The lot width for Lot 1 will still exceed the 25-foot minimum. 2. The extraordinary or exceptional conditions of the property, requiring the request for the variance, were not caused by the applicant. The existing conditions of the property and resulting variance request were not caused by the applicant, but rather are due to the size of the lot and the placement of the duplex on the lot. The applicant purchased the property in 2017 and the home was constructed in the mid 1970’s. 3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship. Making the lots irregularly shaped to meet the minimum lot area requirement would cause a hardship and a possible misunderstanding for future owners. If the duplex had been built only two feet further to the east, splitting the lot down the center of the shared wall would have yielded two lots over 3, 500 sq. ft. and the variance request would not be necessary. 4. The denial of the proposed variance will deprive the applicant of the use of his/her property in a manner equivalent to the use permitted to be made by the owners of property in the immediate area. The property owner would have to subdivide the property with irregularly shaped lots to accommodate the minimum 3,500 sq. ft. lot size for Lot 1. The result would potentially Page |4 cause maintenance issues between the two owners. 5. The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested. The existing duplex building on the site will not be altered with the approval of the requested variance. 6. The proposed variation will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of DeKalb. Approval of the variance will not impair an adequate supply of light and air to adjacent properties. There will be no changes to the exterior or footprint of the duplex. Furthermore, the variance will not impair the public health and safety and will not have a negative impact on the surrounding neighborhood and will not impede traffic or cause any safety issues. V. CITIZEN RESPONSE/COMMENTS The City received a Public Response Form from Arland Prestidge (ALCA Properties LLC) of 1123 Lewis St. objecting to the request believing there would be an additional dwelling unit added. The City staff spoke with Mr. Prestidge and advised him that was not the case. It was explained to him the variance is for one of the resulting lots of the resubdivision being slightly under the minimum lot size. Mr. Prestidge indicated his concerns were resolved. We also received a Public Response Form from Jean Perkins of 638/640 N. 11th St. who objected to the request. No reason was provided. VI. RECOMMENDATION Per the UDO, decisions to approve or deny variances lie solely with the Planning and Zoning Commission. The staff recommends approval of the special use, variance and final plat, and a there are two motions prepared below. Sample Motion – Special Use Permit: Based upon the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a special use permit to allow the Resubdivision of a “RC-1” Page |5 Residential Conservation Zoned Lot into Two Single-Family Attached Lots in Accordance with Article 5.03.06 of the UDO for the property located at 1104-1106 Lewis St. and approval of the Final Plat of Burnoski Subdivision dated 1-25-23 labeled as Exhibit A subject to all staff comments being addressed prior to the recording the Plat. Sample Motion – Variance Based upon the submitted petition, testimony presented and findings of fact, I move the Planning and Zoning Commission approve a variance to Article 5.14.07.7.g.1 of the UDO regarding the minimum lot size for Lot 1 as shown on the Final Plat of Burnoski Subdivision dated 1-25-23 labeled as Exhibit A. Page |6 EXHIBIT A 1106 Lewis St Minor Subdivision Variance Request Owner: Samuel Burnoski 1/25/2023 Explanations of Request: A. Nature of Variance Request- The minimum lot requirement of a Single Family Attached lot according to the UDO is 3500 sq ft. I am submitting a Minor Subdivision request that would create two single-family attached lots from one existing lot, one proposed lot would be 3400 sq ft, for which a Variance would be required. B. Hardship adhering to UDO- While the lot being subdivided is about 8500 sq ft, the two unit dwelling on the lot is located mostly on the western portion of the lot being subdivided. The possibility exists to make two lots of over 3500 sq ft, but the cleanest way to divide the lot is with one straight dividing line down the middle of the building (through the shared center wall) to avoid any hardship or misunderstanding for future owners that may be caused by making the lots irregularly shaped. Dividing the lots as such (one dividing line passing through the middle of the building North to South) would result in one lot of 3400 sq ft and one lot of 5100 sq ft. If we were to adhere to the 3500 sq ft minimum, it would mean making irregularly shaped lots with a jagged boundary line that would be more likely to lead to land/maintenance disputes and confusion for future owners. C. Adherence with general purpose and intent of ordinance- Although one of the new lots would be slightly less than the minimum requirement, the lot does still meet the width requirement of 25’ for a single-family attached lot. Additionally, the 3400 sq ft lot is on a corner, so there is a little bit more perceived land space relative to a lot that isn’t on a corner due to the city land between the sidewalk and the street on two sides of the lot as opposed to just one if the lot were to be in between other lots in the middle of a street. The lot would also have a nice view of the park across 11th St. This variance will not affect supply of light, traffic congestion, fire/public safety. This Variance coupled with the Subdivision and Special Use allowances would most-likely help to increase property values (if it caused any change in values at all) within the surrounding area as other similar two-family properties would have the opportunity to due the same lot severance and see higher property values with two single-family attached properties versus one two-family property. D. Results of denial of the variance- If this variance is denied and the subdivision is required to have two lots that are over 3500 sq ft, the lot would have to be divided in a clunky, potentially confusing way where portions of the eastern lot would have to be dedicated to the western lot in the likely form of: a) giving more than half of the driveway to the eastern lot owner, b) giving a small chunk of land behind the new single-family dwelling on the western lot to the eastern lot to make up the necessary 100 sq ft, but also maintaining the same dividing center wall in the dwelling. This could potentially cause issues for future owners as they may not know where their land starts and stops, leading to maintenance and upkeep disputes. Many requests in DeKalb to sever lots with similar two-family buildings into single-family attached housing lots have been approved in the recent past, including one as recently as in November 2022. I, the petitioner, would like to be granted this variance so I may have the same opportunity, and also so I may give more people the chance at homeownership in DeKalb by creating more affordable single-family residential units, which there is a great demand for right now. *Had the building been built only 2 ft further to the east on the lot in the year 1976, splitting the lot down the center of the shared wall would have yielded two lots over 3500 sq ft and this variance would not be necessary as part of this subdivision. LEGAL NOTICE NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning Commission at its regular meeting on Tuesday, February 21, 2023, at 6:00 p.m. in the Yusunas Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by Samuel Burnoski for a special use permit to allow the resubdivision of a “RC-1” Two Family Residential zoned lot into two single-family attached lots in accordance with Article 5.14.07.7 of the Unified Development Ordinance (UDO). The petitioner is also requesting a variance to Article 5.14.07.7.g.1 of the UDO regarding the minimum lot size for one of the single-family attached lots. The subject property is located at 1104-1106 Lewis St., DeKalb, IL, has a Parcel Identification Number (PIN) of 08-23-209-027 and is zoned “RC-1” Residential Conservation District. All interested persons are invited to appear and be heard at the time and place listed above. Interested persons are also encouraged to submit written comments on the proposal to the City of DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115 by 12:00 p.m. on Tuesday, February 21, 2023, or by e-mail to dan.olson@cityofdekalb.com. Further information regarding the petition is available from the Community Development Department at (815) 748-2361 or on the City of DeKalb’s web page at https://www.cityofdekalb.com/1103/Public-Hearings. Max Maxwell, Chair DeKalb Planning and Zoning Commission  MINOR SUBDIVISION (UP TO 3 LOTS) A. APPLICANT 1. Petitioner / Petitioner Representative Name Samuel Burnoski Phone: 630-450-3151 Mailing Address 205 N Madison St Email: sam.burnoski@live.com City, State, ZIP Oswego, IL 60543 2. Property Owner (if different from Petitioner) Name Samuel Burnoski Phone: Mailing Address Email: City, State, ZIP 3. Engineer / Architect Name Phone: Mailing Address Email: City, State, ZIP 4. Surveyor (if applicable) Name Patrick Hubert, Wendler Engineering Phone: 815-973-1991 Mailing Address 201 E Lincoln Hwy, Suite A Email: phubert@wendlergs.com City, State, ZIP DeKalb, IL 60115 B. PROPERTY 1. Subdivision Name Burnoski Subdivision 2. Common Address or Location 1104-1106 Lewis St, DeKalb, IL 60115 3. Parcel #(s) 08-23-209-027 4. Legal Description (if necessary, briefly describe here and reference the full legal description on the Plat) LOT 2 IN ELLWOOD SCHOOL SUBDIVISION, A RE-SUBDIVISION OF LOT 1 (EXCEPT THE EAST 20 FT) AND LOTS, 2, 3, AND 4 OF BLOCK 1 OF BRADT AND SHIPMAN'S ADDITION TO THE CITY OF DEKALB, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK "R" OF PLATS, PAGE 15 ON MAY 18th, 1976, AS DOCUMENT NO. 393645 IN DEKALB COUNTY, ILLINOIS. 5. Size of the total area being subdivided (sq. ft. or acres) 8,487 sq ft 6. Proposed Number of Lots 2 7. Existing Zoning District RC-1, designated land use of two-family residential Updated: 9/2019  MINOR SUBDIVISION (Up to 3 Lots) Page 2 of 4 C. PRE-APPLICATION CONFERENCE A Pre-application Meeting with City staff is required prior to the acceptance of this application, per Unified Development Ordinance 5.13.10(1). Date of meeting 1/5/23 Individuals in attendance Samuel Burnoski, Dan Olson D. CHECKLIST Below are the minimum criteria necessary to properly process your application. Each item must be checked by the applicant to signify it is provided on this form or on other attached pages. Failure to submit all required information will result in delays in the City's consideration of this application, per UDO 15.07.1. If not applicable, Item indicate N/A and explain  ✔ 1. Filing Fee: $500.00 (>3 lots) OR $300 (<3 lots)  ✔ 2. Three (3) copies of Preliminary Plat document 3. General Information  ✔ a. Name of subdivision on plat in attached proposed plat  ✔ b. Map key  ✔ c. Compass, scale, date  ✔ d. Township, range, section  ✔ e. Acreage of tract to be subdivided (to 0.01 acre)  ✔ f. Surveyor’s certification 4. Names and addresses  ✔ a. Owner(s) of record of tract to be subdivided provided above  ✔ b. Plat preparer  ✔ c. Party for whom plat was prepared  ✔ d. Engineer and surveyor  ✔ e. Owners of immediately adjacent land 5. Districts, boundaries and Jurisdictions a. converting zoning to  ✔ a. Zoning district(s) single-family attached  ✔ b. Floodplain/floodway boundaries  ✔ c. School district all others will stay the same  ✔ d. Park district  ✔ e. Fire district  ✔ f. Sanitary district  ✔ g. Drainage district  ✔ h. Soil & water conservation district  ✔ i. Public utilities  ✔ j. Other districts, boundaries, etc. Updated: 9/2019  MINOR SUBDIVISION (Up to 3 Lots) Page 3 of 4 If not applicable, Item indicate N/A and explain 6. Lots, parcels, tracts, etc.  ✔ a. Proposed lot and block depths and widths (to nearest foot) in attached proposed plat of subdivision  ✔ b. Size of proposed lots (to nearest foot if less than 1 acre; to nearest 0.1 if greater than 1 acre)  ✔ c. Proposed building setback lines  ✔ d. location of building lines for fences  ✔ e. Location of earth berms 7. Streets and sidewalks  ✔ a. All existing and proposed street names n/a will stay the same  ✔ b. All existing and proposed pavement and all right-of-way widths  ✔ c. All existing and proposed sidewalks, pedestrian/bicycle paths, nature trails, etc.  ✔ d. Grades and profiles of streets and sidewalks (or written declaratory statement for subdivider’s engineer) 8. Utilities  ✔ a. Location, size, and dimensions of all existing and proposed water mains and sanitary sewer mains planning for new water and sanitary line in progress  ✔ b. Location, size, and dimensions of all existing and proposed utility easements  ✔ c. Written declaratory statement form 9. Stormwater  ✔ a. Location and size of all existing and proposed storm sewer mains, catch basins, storm sewer laterals, field tiles, etc. along with all existing and proposed easements n/a will stay the same  ✔ b. Location and size of all existing and proposed detention and retention areas and an explanation of how they will function  ✔ c. All calculations and other data from subdivider’s engineer used to demonstrate the ability of all stormwater facilities to effectively accommodate runoff 10. Physical information n/a will stay the same  ✔ a. All contour data at 2-foot intervals  ✔ b. Proposed buildings, their use, and foundation elevations  ✔ c. Existing building, buried structures, bridges, culverts, and other physical structures, etc.  ✔ d. Results of any soil tests, borings, water surveys, etc. (optional)  ✔ e. Water courses, wooded areas, wetlands, likely areas of archaeologic significance, likely areas of endangered species’ habitats, etc. (if applicable) Updated: 9/2019  MINOR SUBDIVISION (Up to 3 Lots) Page 4 of 4 If not applicable, Item indicate N/A and explain  ✔ 11. Where applicable, provide all of the information listed herein for all adjacent land within 150 feet of the boundaries of the tract to be subdivided, including, but not limited to ownership, use, lot configuration, zoning, floodplain/floodway, street and sidewalk pavements and right-of- way widths, utilities and stormwater facilities (size, location, easements, etc.)  ✔ 12. Likely platting phases of the subdivision  13. Traffic study (if applicable)  14. Soils report (22.02a) from Soil & Conservation District (if applicable)  15. Other (please indicate) E. The petitioner hereby agrees this application and plat will be placed on a Planning and Zoning Commission agenda only after it is completed in full. F. The petitioner has read and completed all of the above information and affirms that it is true and correct. 1/25/2023 Petitioner Signature Date I hereby affirm I am the legal owner (or authorized agent or representative of the owner—proof attached) of the subject property and authorize the petitioner to pursue this request as described above (petitioner must sign if s/he is the owner). 1/25/2023 Property Owner Signature Date Updated: 9/2019 STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) This instrument was prepared by and after recording mail to: R. Gregory Earl, III Earl Nelson Company Limited 1455 Sequoia Drive, Suite 113 Aurora, Illinois 60506 SHARED WALL AGREEMENT This Shared Wall Agreement (“Agreement”) entered into on this ___ day of January, 2023, by Samuel Burnoski (“Burnoski”) owner of 1106 Lewis Street, DeKalb, Illinois and 1104 Lewis Street, DeKalb, Illinois recites and states as follows: WHEREAS, Burnoski owns the property commonly known as 1106 Lewis Street, DeKalb, Illinois 60115 and legally described as follows: Parcel 1: LOT 2 IN ELLWOOD SCHOOL SUBDIVISION, A RE-SUBDIVISION OF LOT 1 (EXCEPT THE EAST 20 FEET) AND LOTS 2, 3 AND 4 OF BLOCK 1 OF BRADT AND SHIPMAN'S ADDITION TO THE CITY OF DEKALB, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK "R" OF PLATS, PAGE 15 ON MAY 18TH, 1976, AS DOCUMENT NO. 393645, IN DEKALB COUNTY, ILLINOIS. PIN: 08-23-209-027 Property Address: 1106 Lewis Street, DeKalb, Illinois 60115 WHEREAS, Burnoski owns the property commonly known as 1104 Lewis Street, DeKalb, Illinois 60115 and legally described as follows: Parcel 2: Page 1 of 4 PIN: Property Address: 1104 Lewis Street, DeKalb, Illinois 60115 WHEREAS, the ____ wall of 1106 Lewis Street and the ____ wall of 1104 Lewis Street of the property form a common wall and boundary between the two lots; and, WHEREAS, Burnoski desires to settle all questions relating to the ownership and use of the shared wall; NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Burnoski does hereby covenant and agree as follows: 1. Shared Wall Declaration: The above-described wall is a shared wall, and the owners shall have a right to use it jointly. 2. Use of Shared Wall: Each property owner may use the wall, including any such use in connection with any alteration of the building on his or her lot and in connection with replacement of that building with a different one. However, no openings may be cut in the wall, and the wall may be put to no use that will impair its strength or injure the building of the other party. 3. Repairs or Reconstruction: If it becomes necessary or desirable to repair or rebuild the whole of any part of the wall, the expenses shall be borne by the owner(s) equally or in proportion to the extent of their use of the wall, or portion thereof affected, at that time, except that the parties may agree in writing on any other means of sharing the expense that is reasonable at that time. Subject to any written agreement of the parties to the contrary, any reconstruction of the wall shall be on the same location as the existing wall, and the reconstructed wall shall be of the same or similar material of the same quality as that used in the existing wall, provided that such modifications in building materials as may be required by any applicable local code or regulations shall be allowed. 4. Covenant to Run with the Land: The benefits and obligations of the covenants herein shall run with 1106 Lewis Street, DeKalb, Illinois and 1104 Lewis Street, DeKalb, Illinois as long as the wall or any extension thereof continues to exist. Such covenants shall bind and enure to the benefit of the parties and their heirs, legal representatives, and assigns. 5. Amendment of Agreement: This Agreement may be amended at any time by a written instrument, executed by the owners of 1106 Lewis Street, DeKalb, Illinois and 1104 Lewis Street, DeKalb, Illinois. Said instrument, in order to be enforceable, must be filed in the Office of the Recorder of Deeds of DeKalb County, Illinois. Page 2 of 4 Dated this ____ day of January, 2022. ____________________________________ Samuel Burnoski STATE OF ILLINOIS ) ) SS. COUNTY OF KANE ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Samuel Burnoski, known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this ____ day of January, 2023. ____________________________________ Notary Public Page 3 of 4