Planning & Zoning Commission
Regular MeetingDeKalb, IL · July 5, 2017
Minutes
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
July 5, 2017
Amended
The Planning and Zoning Commission held a Meeting on July 5, 2017 at the City of
DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the
meeting to order at 6:01 PM.
A. ROLL CALL
Natalie Nelson called the roll. Members of the Planning and Zoning Commission
present at roll call: David Castro, Deborah Nier, Jerry Wright, and Chair Christina
Atherton. Members absent: Vicki Buckley and Matthew Crull. Katharina Barbe
arrived at 6:05 PM.
City staff present were Community Development Director Jo Ellen Charlton,
Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
J. Wright motioned to approve the July 5, 2017 agenda as presented, D. Castro
seconded the motion, and the motion was approved by unanimous voice vote.
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None.
D. APPROVAL OF MINUTES
J. Wright motioned to approve the June 7, 2017 as minutes as presented, D.
Castro seconded the motion, and the motion was approved by unanimous voice
vote.
E. OLD BUSINESS
1. Public hearing on a petition by Cademon Brewing Co. Inc. represented by
Andrew Nordman for approval of a text amendment to the following Articles of
Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3
“Definitions” to add the use and a definition for “Micro-Distillery”; Article 5
“Zoning District Regulations” to add “Micro-Distillery” as a permitted use in the
“GC” General Commercial District and the “CBD” Central Business District;
Article 12 “Off-Street Parking, Loading and Storage Requirements” by
establishing a minimum parking requirement for “Micro-Distillery”.
Planning and Zoning Commission
July 5, 2017
Page 2 of 8
STAFF REPORT
Principal Planner Dan Olson presented on behalf of the City. He reported the
applicant seeks to locate his micro-brewery on the lower level of The House Café,
located at 216 East Lincoln Highway, which is in the Central Business District
(CBD). He stated neither “Micro-brewery” nor “Micro-distillery” is a defined use in
the Unified Development Ordinance (UDO). He explained approval of the
proposed amendment will allow the applicant to operate in the intended location
and also allows any future businesses with the same use to operate on property
within the zoning districts the City approves as appropriate for such use.
Planner Olson reported the applicant intends to produce 6,000 gallons of craft beer
per year. He stated a separate entrance off North Third Street will lead to the
facility, which will include space for brewing equipment and a tasting room. He
added they will sell the products for on-site consumption and in take-home
containers, as well as limited food. Mr. Olson stated he consulted the applicant
and researched other municipalities’ regulations to draft the language for the
proposed UDO amendment:
• To add a definition for “Micro-distillery,” which allows the production of up
to 20,000 gallons of alcoholic beverages per year for on-site consumption
and retail sales and prohibits sale of any other beverages on-site,
• To add “Micro-distillery” as a permitted use in the CBD and the General
Commercial (GC) zoning districts,
• To add a definition for “Distillery,” which is the same as “Micro-distillery,”
except production of more than 20,000 gallons per year is allowed,
• To add “Distillery” as a special use in the GC, Light Industrial (LI), and Heavy
Industrial (HI) zoning districts, and
• To add parking regulations for both uses, following the same formula as
restaurants, requiring one parking space for every three seats plus one
parking space for each employee on the maximum shift.
Mr. Olson reported the City received two Citizen Response forms in support of the
proposed amendment, as well as an email message one person of who also
submitted a Citizen Response form. He concluded that City staff recommends the
Planning and Zoning Commission approve the proposed UDO text amendments.
PETITIONER PRESENTATION
The petitioner, Andrew Nordman, resident of 208 Alfred Drive in Sycamore and
owner, brewer, janitor, and mechanic of Cademon Brewing Company presented.
He stated he seeks to relocate his brewery operation and tasting room from its
current location in Genoa to the lower level of The House. He said the DeKalb
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July 5, 2017
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location would produce 90-gallon batches of drinks, to be sold on-site for tasting,
as to-go bottle and cans, and to a few local bars and retailers.
PUBLIC PARTICIPATION
At 6:09, Chair Atherton opened the floor for public comment. Observing no
participants, she closed the public hearing.
COMMISSION DISCUSSION
D. Castro asked Mr. Nordman for additional details about his business operation.
Mr. Nordman stated his Genoa operation produced 250-gallon batches. In the
DeKalb location, he would produce smaller batches, due to the location’s ceiling
height, which limits the size of the equipment. He said this arrangement allows
production a greater variety and will not likely reduce the total annual production.
He said the move to DeKalb is a relocation, not an expansion, of his business.
Mr. Castro asked City staff if the “Micro-distillery” category could be considered a
subdivision within the “Restaurant” category. Planner Olson responded that it is a
separate use. He explained one facility may sell food as accessory to the liquor
production and sales, but another may produce liquor and sell it as an accessory
to the food sales. He noted the proposed parking regulations are similar.
D. Castro asked what state regulations affect micro-distilleries. Mr. Nordman
responded local municipalities, not the state, regulate zoning for liquor
manufacturing facilities. He noted the state does regulate liquor sales and taxation.
Planner Olson added the City recently amended the Liquor Code to allow the liquor
production use when The Forge sought to locate near downtown.
J. Wright asked for clarification of the proposed parking regulations. Planner Olson
explained the proposed parking regulations apply to locations in the GC, LI, and
HI zoning districts but not locations in the CBD zoning district, where the applicant
seeks to locate, because nearby public parking is available.
J. Wright asked how the applicant chose the proposed location. Mr. Nordman
stated The House Café owners approached him. He stated when he initially started
his business, he wanted to operate in DeKalb, but it was not possible then. He said
he wanted to set down roots in DeKalb and possibly expand within in DeKalb in
the future.
D. Nier asked if the applicant’s business would operate completely independently
from The House. Mr. Nordman replied they are completely separate at the federal
and state level, and their liquor licenses are also separate.
K. Barbe requested details of the interior layout of the facility. Mr. Nordman
responded that the entrance leads downstairs to a 2,000-square-foot space. He
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July 5, 2017
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said he plans to bring the bar from his Genoa operation to DeKalb, which includes
taps to his products, and the space would allow for a total of 30 seats.
K. Barbe asked if interior access exists between the two businesses. Mr. Nordman
responded that a locked door on the stairs between the two businesses exists, but
customers will not have access. He stated that each business’ liquor license
specifies the boundaries and hours of operation. He provided assurances that he
and his employees would strictly enforce rules to prevent customers from traveling
between businesses.
D. Castro asked if this was the only time the Commission would hear this case.
Mr. Olson responded that if Commission approves the text amendment, it is out of
the Commissions hands. He added the applicant still must obtain a City liquor
license, submit building permits, and receive occupancy approval before opening.
Chair Atherton asked how a former brewery was allowed to operate in the building
currently occupied by Debutants without this proposed definitions and zoning
regulations. D. Olson responded that it is possible the business was categorized
as a restaurant and the brewery operation was an accessory use.
MOTION
D. Castro stated, based on the submitted petition and testimony presented, he
moved that the Planning and Zoning Commission recommend to the City Council
approval of text amendments to the following Articles of Chapter 23 “Unified
Development Ordinance” of the Municipal Code: Article 3 “Definitions”; Article 5
“Zoning District Regulations”; and Article 12 “Off-Street Parking, Loading and
Storage Requirements” as indicated on the attached Exhibit A in the staff report.
D. Nier seconded the motion.
VOTE
A roll call vote was taken. Yea: K. Barbe, D. Castro, D. Nier, J. Wright, and Chair
Atherton. Nay: none. Absent: V. Buckley and M. Crull. The motion passed 5-0-2.
F. NEW BUSINESS
1. Public hearing on a petition by Marijke van Nieuwstadt for a variance to Article
7.03 of the Unified Development Ordinance to allow for an uncovered front
porch in the front yard, and a variance to Article 5.02.04 to reduce the front yard
setback from 25 feet to 15 feet for the property located at 422 Regal Drive.
Planning and Zoning Commission
July 5, 2017
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PETITIONER PRESENTATION
Marijke van Nieuwstadt, owner of 422 Regal Drive in DeKalb, presented before the
Commission. She reported she purchased her home, located on a corner lot, in
2006. She explained the front of her house faces Joanne Lane, the side faces
Regal Drive, and her address is on Regal Drive. She stated she has two front
yards, but no door leads into the house on the side facing Regal Drive. She said
she recently hired a contractor to replace her home’s siding, install a new door,
and replace windows on the side facing Regal Drive. She also planned to add a
20’ by 10’ deck below the new door and replaced windows. She noted her two front
yards provide approximately 100 feet of frontage, double that of neighboring
properties.
Ms. Van Niuwstadt reported, when her contractor applied for the deck permit, she
learned City regulations allow only covered porches in the front yard. She said she
cannot afford the addition the cost of adding a roof over the new porch. She
asserted other nearby homes have uncovered porches in their front yards. She
asked the Commission to approve her variance request to allow an uncovered
porch in her front yard.
STAFF REPORT
Planner Olson presented on behalf of the City. He stated the applicant’s petition
requests two variances: (1) to allow an uncovered porch in the front yard and (2)
to allow a 15-foot front yard setback, as SFR-2 zoning regulations require a 25-
foot front yard setback.
He reported the applicant’s drawing of the porch’s dimensions was not to-scale, so
he marked the correction in black. He stated the corner lot has two front yards, a
side yard, and a back yard, which is too small to accommodate a porch, patio, or
deck. He referred to the photographs of nearby properties with similar front-yard
accessory structures. He reported no variances were granted for those structures,
according to City building permit records. He suggested past City staff might have
considered the accessory structures to be unenclosed porches, which are allowed
to encroach into a front yard up to ten feet.
Mr. Olson read aloud the findings of fact from the staff report. He reported the
applicant obtained ten letters of support from neighboring property owners, and
the City received one Citizen Response form in support of approving the variance.
He recommended approval of the variance with the conditions that the applicant
must submit a revised drawing accurately representing the porch dimensions, and
the porch must be built in substantial conformance with the plans submitted.
Mr. Olson stated that the Commission’s decision on this petition is final, as
variance petitions are not forwarded to the City Council for consideration.
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July 5, 2017
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PUBLIC PARTICIPATION
At 6:31 PM, Chair Atherton opened the floor for public comments. Observing no
participants, Chair Atherton closed the public hearing.
COMMISSION DISCUSSION
K. Barbe, D. Nier, J. Wright, and D. Castro requested clarification of details not
clearly depicted in the applicant’s materials. Ms. van Nieuwstadt explained the
windows were replaced and a new door was installed after the photos were taken.
She stated an existing door leads into the two-car garage, and the new door, which
replaced old windows, leads directly into the living room. She said the edge of the
new deck would be 10-15 feet from the edge of the existing driveway. She added
a past improvement replaced a retaining wall in the back yard with eight terraced
steps on which she has planted with flowers.
D. Castro advised Ms. Van Nieuwstadt not to allow construction to proceed until
she obtains all required City approvals. He also requested guidance from City staff
to modify the sample motion to require a revised drawing. Planner Olson
recommended additional language in the motion to require submission of updated
plans indicating the accurate location and size of the new door and windows.
D. Castro asked why setbacks and variances are necessary. Planner Olson
explained that bulk standards that establish setbacks ensure adequate open space
exists between the street and home. He stated DeKalb’s regulations allow
encroachment into the front yard up to ten feet for certain accessory structures,
including unenclosed porches and paved terraces, but others, such as uncovered
porches, decks, and patios, are not allowed without a variance approval. He
reported City staff determined the proposed accessory structure was an uncovered
porch. Upon examination of the variance application materials and UDO zoning
district regulations, City staff determined approving the variance request would not
be detrimental to the neighborhood and recommended Commission approval.
Director Charlton added zoning district regulations are developed based upon
common property features in a neighborhood. She explained these regulations
prevent property owners from constructing visual barriers or other objectionable
elements on their properties. She agreed with Planner Olson that past City staff
may have interpreted the City code differently when the other uncovered porches
were built in the neighborhood.
Mr. Olson noted front yard porches are often desirable architectural elements, as
they encourage residents to use their front yards and help make neighborhoods
more pedestrian-friendly.
Planning and Zoning Commission
July 5, 2017
Page 7 of 8
Chair Atherton agreed with the petitioner’s assertion that the orientation of the
house makes the front yard unclear. She asked if the house was oriented at a slight
angle on the property. Planner Olson replied the plat indicates it is a few feet from
squarely positioned, but it is a negligible distance.
MOTION
J. Wright stated, based on the submitted petition and testimony presented, he
moved that the Planning and Zoning Commission approve a variance to Article
7.03 of the Unified Development Ordinance to allow for an uncovered porch in the
front yard, and a variance to Article 5.02.04 to reduce the front yard setback from
25 feet to 15 feet for the property located at 422 Regal Drive subject to the
following:
1. Prior to the issuance of a building permit, a survey showing the correct
location and dimensions of the proposed 20’ x 10’ uncovered porch, doors
and windows, shall be submitted and shall be in substantial compliance with
the drawing indicated on the attached Exhibit A.
D. Nier seconded the motion.
VOTE
A roll call vote was taken. Yea: K. Barbe, D. Castro, D. Nier, J. Wright, and Chair
Atherton. Nay: none. Absent: V. Buckley and M. Crull. The motion passed 5-0-2.
G. REPORTS / ITEMS FOR NEXT MEETING
Planner Olson announced:
• The next meeting is July 19th, at which a public hearing will occur on a
rezoning request from Plaza DeKalb for four properties at northeast corner
of East Lincoln Highway and North Second Street,
• City Council approved the final plat and plan for Cornerstone DeKalb on
June 26th, and
• Checks for Commission attendance, pending City Council approval, will be
mailed July 25th.
J. Wright asked how the Plaza DeKalb petition will proceed through approvals.
Planner Olson responded Plaza DeKalb is different from Cornerstone DeKalb,
which required City Council approval of financial elements prior to Planning and
Zoning consideration. Mr. Olson stated the Planning and Zoning Commission will
see the preliminary plat and plan for Plaza DeKalb first and forward
recommendations to the City Council for final approval, after which time the City
Council will consider the final plat and plan for approval.
Planning and Zoning Commission
July 5, 2017
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J. Wright asked why the newspaper published a story about Plaza DeKalb before
the Planning and Zoning Commission heard the case. Planner Olson explained
public hearings require at least 15 days’ notice to the public, which includes
publishing the notice in the newspaper and mailing the notification letters to
property owners within 250 feet of the subject property. He reported City staff also
emails a copy of the notification letter to each Planning and Zoning Commission
member at the same time. He noted the next packet, distributed on the Friday
before the next meeting, will contain the Plaza DeKalb petition materials.
I. ADJOURNMENT
J. Wright motioned to adjourn, K. Barbe seconded the motion, and the motion was
approved by unanimous voice vote. The meeting adjourned at 6:55 PM
Respectfully Submitted,
Natalie Nelson, Administrative Assistant
Minutes approved by the Planning and Zoning Commission on August 9, 2017.
Amendments approved by the Planning and Zoning Commission on October 4, 2017.
Agenda
Council Chambers
200 S. Fourth St., 2nd Floor
DeKalb, IL 60115
AGENDA
Planning and Zoning Commission
July 5, 2017
6:00 PM
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
D. APPROVAL OF MINUTES
1. June 7, 2017
E. OLD BUSINESS
1. Continued Public hearing on a petition by Cademon Brewing Co. Inc.
represented by Andrew Nordman for approval of a text amendment to the following
Articles of Chapter 23 “Unified Development Ordinance” of the Municipal Code:
Article 3 “Definitions” to add the use and a definition for “Micro-Distillery”; Article 5
“Zoning District Regulations” to add “Micro-Distillery” as a permitted use in the
“GC” General Commercial District and the “CBD” Central Business District; Article
12 “Off-Street Parking, Loading and Storage Requirements” by establishing a
minimum parking requirement for “Micro-Distillery.”
F. NEW BUSINESS
1. Public hearing on a petition by Marijke van Nieuwstadt for a variance to Article
7.03 of the Unified Development Ordinance to allow for an uncovered front porch
in the front yard, and a variance to Article 5.02.04 to reduce the front yard setback
from 25 feet to 15 feet for the property located at 422 Regal Drive.
G. REPORTS/ITEMS FOR NEXT MEETING
H. ADJOURNMENT
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
June 7, 2017
The Planning and Zoning Commission held a Meeting on June 7, 2017 at the City of
DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the
meeting to order at 6:00 PM.
A. ROLL CALL
Natalie Nelson called the roll. Members of the Planning and Zoning Commission
present at roll call: Katharina Barbe, Vicki Buckley, David Castro, Matthew Crull,
Deborah Nier, Jerry Wright, and Chair Christina Atherton. No members were
absent.
City staff present were Community Development Director Jo Ellen Charlton,
Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Atherton requested a motion to approve the June 7, 2017, agenda as
presented. K. Barbe motioned to approve the agenda, V. Buckley seconded the
motion, and the motion was approved by unanimous voice vote.
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None
D. APPROVAL OF MINUTES
None
E. OLD BUSINESS
None
F. NEW BUSINESS
1. Approval of a Final Plat of Subdivision for Cornerstone Subdivision
STAFF REPORT
Principal Planner Dan Olson provided a summary of the approval process for the
Cornerstone Development, which will be a four-story building with first floor
commercial uses and 51 apartments on the upper floors. He stated that the City
Council has already approved the property’s zoning and the development
Planning and Zoning Commission
June 7, 2017
Page 2 of 3
agreement, which outlines all of the necessary approvals. He stated that the
Commission has before them the final plat to review and provide a
recommendation to the City Council. He reported that the final plans are currently
under City staff review, and both the final plat and the final plan will be presented
to the City Council for approval.
Mr. Olson provided an update on the project’s progress and stated that the
demolition is nearly complete and the foundation and utility work will follow. He
noted that the Barb City Bagel building will be demolished and replaced with a 40-
space parking lot after the completion of the four-story building. He stated that the
final plat separates the development into two lots: Lot 1 (.46 acres) for the four-
story building and Lot 2 (.32 acres) for the future 40-space parking lot. He pointed
out that the final plat includes vacation of the alley along the south side of Lot 1
and establishment of an easement for encroachment of the footings, sidewalks
dedication, and a pedestrian walkway easement.
He noted that the sample motion in the meeting packet includes addressing staff
comments prior to City Council action. He noted that the comments are minor, and
the applicant is currently working to resolve them. He announced that the
developer, John Pappas, was present in the audience and available to answer
questions from the Commission.
COMMISSION DISCUSSION
D. Castro asked why the development was divided into two lots. Planner Olson
explained that this decision occurred because the two improvements will occur at
different times, and the future transfer of ownership of a part of the development
is simpler if it is are already a separate lot. Principal Charlton added that
development agreement includes the provision for the developer, who owns both
lots, to transfer ownership of the parking lot to the City when increased parking
demand prompts the City to build a parking deck on that lot.
D. Castro asked if the Commission will consider the Cornerstone Subdivision
development again. Planner Olson responded that, unless a major change in the
plans is necessary, the Commission will not see it again. He explained that the City
Council is the last to review and approve of the final plat and plan.
C. Atherton commented that the downtown area already looks much different with
the building gone. She complimented the company hired to perform the demolition.
MOTION
M. Crull motioned that the Planning and Zoning Commission recommend approval
of the Final Plat of Cornerstone Subdivision P.U.D. dated May 1, 2017 subject to
Planning and Zoning Commission
June 7, 2017
Page 3 of 3
the staff comments, numbered 1-7, being addressed prior to final City Council
action. The motion was seconded by Buckley.
VOTE
A roll Call vote was taken. Yea: K. Barbe, V. Buckley, D. Castro, M. Crull, D. Nier,
J. Wright, and Chair Atherton. Nay: none. The motion passed.
G. REPORTS / ITEMS FOR NEXT MEETING
The Commission will meet on June 21, 2017 for three public hearings to consider the
following:
• UDO text amendments to define Banquet Hall and Social Club uses, update
regulations for Nonconforming Uses, and update the Public Hearing Notification
process,
• A Special Use Permit for Littlejohn School to construct a mobile classroom, and
• A UDO text amendment to add a Micro-distillery use.
At the last City Council meeting, the zoning and plan approvals for at 1114 Blackhawk
Road and the Sanitary District were approved
I. ADJOURNMENT
J. Wright motioned to adjourn, K. Barbe seconded the motion, and the motion was
approved by unanimous voice vote. The meeting adjourned at 6:12 PM
Respectfully Submitted,
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on .
City of DeKalb
Planning and Zoning Commission
Staff Report
DATE: June 30, 2017
TO: Planning and Zoning Commission Members
FROM: Jo Ellen Charlton, Community Development Director
Dan Olson, Principal Planner
SUBJECT: Text Amendments to the Unified Development
Ordinance – “Micro-Distillery” and “Distillery” (Cademon
Brewing Co. Inc.)
GENERAL INFORMATION:
The applicant, Cademon Brewing Co. Inc., is proposing to re-locate their craft
brewery operation from Genoa to the lower level of The House Café located at 263
E. Lincoln Highway. The building is located in the “CBD” Central Business District,
which does not list a craft brewery or micro-brewery use as either a permitted or a
special use. The Unified Development Ordinance (UDO) does not list this type of
use in any zoning district. The petitioner submitted a text amendment application
to add the use in the UDO and the staff has worked with the applicant to come up
with the appropriate language.
The public hearing was originally scheduled for June 21st, however the petitioner’s
application was not complete and the Planning and Zoning Commission (PZC)
continued the hearing to July 5th. The applicant has met all the submittal
requirements and is ready to proceed with the hearing and consideration by the
PZC.
REVIEW AND ANALYSIS:
The applicant’s proposed operation will be located in the lower level of The House
Café at 263 E. Lincoln Highway with access off of N. 3rd Street. The operation will
include the production of about 6,000 gallons of craft beer per year and will be
comprised of a tasting room, food sales and the retails sales of the beer produced
on-site.
PZC073-16
Although the applicant wants to amend the UDO to specifically accommodate his
use in The House Cafe, the City needs to take a more general look at the UDO
since the changes will affect all properties in the zoning districts where we will
make the changes. Research was done on zoning ordinances in other
communities who have this type of use listed and defined.
The use and a definition for “Micro-Distillery” has been prepared that would
accommodate the applicant’s proposed micro-brewery. In addition the use would
accommodate any facility that produces alcoholic beverages. The proposed
definition for “Micro-Distillery” states “A facility that produces alcoholic beverages
on-site in quantities not to exceed 20,000 gallons per year, and includes an
accessory tasting room and retail sales area and/or restaurant. A tasting room
allows customers to taste samples of products manufactured on-site and purchase
related sales items. Sales of alcoholic beverages manufactured outside the facility
are prohibited”. Micro-Distilleries are proposed to be a permitted use in the “GC”
General Commercial District and the “CBD” Central Business District.
For facilities that produce over 20,000 gallons per year, the use “Distillery” is being
proposed with a definition that states “A facility that produces alcoholic beverages
on-site in quantities exceeding 20,000 gallons per year, and includes an accessory
tasting room and retail sales area and/or restaurant. A tasting room allows
customers to taste samples of products manufactured on-site and purchase
related sales items. Sales of alcoholic beverages manufactured outside the facility
are prohibited”. Distilleries are proposed to be a special use in the “GC” General
Commercial, “LI” Light Industrial and “HI” Heavy Industrial Districts.
An amendment to Article 12 “Off-Street Parking, Loading and Storage
Requirements” is also proposed by adding “Micro-Distillery” and “Distillery” to
Section 12.08 “Schedule of Off-Street Parking and Loading Requirements”. The
parking formula of “1 space for every 3 seats, plus 1 space for every employee on
the maximum shift” is proposed. This formula is the same one used for restaurants.
Citizen Response Forms indicating their support for the request have been
received by from Melissa Lenczewski of 756 S. 3rd St. and Anna Klis of 1229 Green
Ct. in DeKalb.
RECOMMENDATION:
Sample Motion:
Based on the submitted petition and testimony presented, I move that the Planning
and Zoning Commission recommend to the City Council approval of text
amendments to the following Articles of Chapter 23 “Unified Development
Ordinance” of the Municipal Code: Article 3 “Definitions”; Article 5 “Zoning District
Regulations”; and Article 12 “Off-Street Parking, Loading and Storage
Requirements” as indicated on the attached Exhibit A.
Page |2
Exhibit A
Proposed Text Amendments:
Add the use “Micro-Distillery” to Article 3 ‘Definitions” of the UDO and the following
definition “A facility that produces alcoholic beverages on-site in quantities not to exceed 20,000
gallons per year, and includes an accessory tasting room and retail sales area and/or restaurant. A
tasting room allows customers to taste samples of products manufactured on-site and purchase
related sales items. Sales of alcoholic beverages manufactured outside the facility are prohibited.
Add the use “Distillery” to Article 3 ‘Definitions” of the UDO and the following definition “A
facility that produces alcoholic beverages on-site in quantities exceeding 20,000 gallons per year,
and includes an accessory tasting room and retail sales area and/or restaurant. A tasting room
allows customers to taste samples of products manufactured on-site and purchase related sales
items. Sales of alcoholic beverages manufactured outside the facility are prohibited.
Amend Article 5 “Zoning District Regulations”, Section 5.08 by adding “Micro-Distillery” as a
permitted use in the “GC” General Commercial District and to Section 5.09 by adding “Micro-
Distillery” as a permitted use in the “CBD” Central Business District.
Amend Article 5 “Zoning District Regulations”, Section 5.08 by adding “Distillery” as a special
use in the “GC” General Commercial District, Section 5.11 by adding “Distillery” as a special
use in the “LI” Light Industrial District and to Section 5.12 by adding “Distillery” as a special
use in the “HI” Heavy Industrial District.
Amend Article 12 “Off-Street Parking, Loading and Storage Requirements” by adding “Micro-
Distillery” and “Distillery” to Section 12.08 “Schedule of Off-Street Parking and Loading
Requirements” and the following minimum parking space requirement “1 space for every 3
seats, plus 1 space for every employee on the maximum shift”.
TEXT AMENDMENT PETITION
TO: City Council, City Clerk, and Mayor of the City of DeKalb, Illinois
FROM: Petitioner Name(s):
Cademon Brewing Co Inc Telephone:
(815) 827-6145
Petitioner’s Representative:
Andrew Nordman Cell:
(815) 761-3689
Mailing Address:
208 Alfred Dr, Sycamore, IL Email:
andrew@cademon.com
1. The petitioner hereby petitions the City of DeKalb to amend the Unified Development Ordinance as follows – attach
additional page(s) if necessary:
A. What is the text amendment regarding?
The addition of the use "Micro-Distillery" to the Unified Development Ordinance.
B. What Article(s) and Section(s) of the Unified Development Ordinance are proposed for amendment?
Article 3 "Definitions", Article 5 "Zoning District Regulations" and Article 12 "Off-Street Parking, Loading and
Storage Requirements".
C. What is the proposed revised text?
See attachment.
D. Describe the reason for this text amendment request, and what the intended effect will be.
To allow "Micro-Distillery" as a use in the City and to provide for its location in the appropriate zoning
districts.
2. The petitioner hereby submits the Petition Fee ($500.00).
3. The petitioner hereby states that a pre-application conference ✔ *was was not held with City staff prior to the
submittal of this petition.
*Date of pre-application conference: May 19, 2017
Those in attendance: Andrew Nordman and City Staff
*(Note to Petitioner: A pre-application conference with staff is highly encouraged to avoid delays and
help in the timely processing of this petition.)
TEXT AMENDMENT PETITION
Page 2 of 2
4. The petitioner hereby agrees that this petition will be placed on the Planning and Zoning Commission’s agenda
only if it is completed in full and submitted in advance of established deadlines.
5. The petitioner has read and completed all of the above information and affirms that it is true and correct.
6. Petitioner/property owner(s) hereby give the City of DeKalb permission to post a public notice sign(s) on the subject
property.
6/1/2017
Petitioner Signature Date
Petitioner Signature Date
Subscribed and sworn to before me
this day of , 20 . stamp
Notary Public Signature
Attachment
Proposed Text Amendments:
Add the use “Micro-Distillery” to Article 3 ‘Definitions” of the UDO and the following
definition “A facility that produces alcoholic beverages on-site in quantities not to exceed 20,000
gallons per year, and includes an accessory tasting room and retail sales area and/or restaurant. A
tasting room allows customers to taste samples of products manufactured on-site and purchase
related sales items. Sales of alcoholic beverages manufactured outside the facility are prohibited.
Add the use “Distillery” to Article 3 ‘Definitions” of the UDO and the following definition “A
facility that produces alcoholic beverages on-site in quantities exceeding 20,000 gallons per year,
and includes an accessory tasting room and retail sales area and/or restaurant. A tasting room
allows customers to taste samples of products manufactured on-site and purchase related sales
items. Sales of alcoholic beverages manufactured outside the facility are prohibited.
Amend Article 5 “Zoning District Regulations”, Section 5.08 by adding “Micro-Distillery” as a
permitted use in the “GC” General Commercial District and to Section 5.09 by adding “Micro-
Distillery” as a permitted use in the “CBD” Central Business District.
Amend Article 5 “Zoning District Regulations”, Section 5.08 by adding “Distillery” as a special
use in the “GC” General Commercial District, Section 5.11 by adding “Distillery” as a special
use in the “LI” Light Industrial District and to Section 5.12 by adding “Distillery” as a special
use in the “HI” Heavy Industrial District.
Amend Article 12 “Off-Street Parking, Loading and Storage Requirements” by adding “Micro-
Distillery” to Section 12.08 “Schedule of Off-Street Parking and Loading Requirements” and the
following minimum parking space requirement “1 space for every 3 seats, plus 1 space for every
employee on the maximum shift”.
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 Wednesday, June 21, 2017 at 6:00
p.m. in the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a
petition by Cademon Brewing Co. Inc. represented by Andrew Nordman for approval of
a text amendment to the following Articles of Chapter 23 “Unified Development
Ordinance” of the Municipal Code: Article 3 “Definitions” to add the use and a definition
for “Micro-Distillery”; Article 5 “Zoning District Regulations” to add “Micro-Distillery” as a
permitted use in the “GC” General Commercial District and the “CBD” Central Business
District; Article 12 “Off-Street Parking, Loading and Storage Requirements” by
establishing a minimum parking requirement for “Micro-Distillery”.
All interested persons are encouraged to submit written comments on this proposal to the
City of DeKalb by 5:00 p.m. on Wednesday, June 14, 2017, and are invited to appear and
be heard at the time and place listed above. Further information is available from the
Community Development Department, 815-748-2060.
Christina Atherton, Chair
DeKalb Planning and Zoning Commission
City of DeKalb
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
June 30, 2017
TO: DeKalb Planning and Zoning Commission
FROM: Jo Ellen Charlton, Community Development Director
Dan Olson, Principal Planner
RE: Variance – 422 Regal Drive (Marijke van Nieuwstadt)
I. GENERAL INFORMATION
A. Purpose Approval of a variance to Article 7.03 of the
Unified Development Ordinance to allow for an
uncovered porch in the front yard, and a variance
to Article 5.02.04 to reduce the front yard setback
from 25 feet to 15 feet
B. Location/Size 422 Regal Drive/.27 acres
C. Petitioner Marijke van Nieuwstadt
D. Existing Zoning “SFR2” Single-Family Residential
E. Existing Land Use Single-Family Home
F. Surrounding Zoning and Land Use North: “SFR2” Single-Family Residences
South: “SFR2” Single-Family Residences
East: “SFR2” Single-Family Residences
West: “SFR2” Single-Family Residences
G. Comprehensive Plan Designation Low Density Single Family Residential
II. APPLICANT'S REQUEST
The applicant, Marijke van Nieuwstadt, is proposing to construct an approximately 10’ x 20’
uncovered front porch in the front of her home at 422 Regal Drive. The parcel is a corner lot with
frontage along Joanne Lane also. The subject site is zoned “SFR2” Single-Family Residential.
The applicant is requesting approval of a variance to Article 7.03 of the Unified Development
Ordinance (UDO) to allow for the uncovered porch in the front yard, and a variance to Article
5.02.04 to reduce the front yard setback from 25 feet to 15 feet
III. BACKGROUND AND ANALYSIS
Article 7.03 (4) of the UDO states that terraces, patios, stoops, decks, uncovered porches,
platforms, retaining walls and similar ornamental features may project into a required side or rear
yard building setback a certain distance but cannot be located in the front yard. The applicant lives
Page 2 of 6
on a corner lot and per the definition of “corner lot” in the UDO, both the yards along Regal Drive
and Joanne Lane are considered front yards. The applicant is proposing to build the uncovered
porch 10 feet into the front yard along Regal Drive. With the proposed encroachment of the porch
into the front yard setback, a variance to Article 5.02.04 to reduce the front yard setback from 25
feet to 15 feet is also needed. In the “SFR2” Zoning District, the front-yard setback is 25 feet.
The applicant’s building permit application provided a survey and detail of the proposed porch
(provided in packet). The proposed porch is 20’ x 10’, however the size of the proposed porch as
shown on the survey appears larger than the actual dimensions. The 20 foot dimension shown is
actually 30 feet when measured. A modified survey is provided showing the actual 20 foot distance
across the front of the home. A view of the home as seen from Regal Drive is provided below and
the view from Joanne Lane is shown on page four.
View from Regal Drive
There are other homes in the neighborhood that have porches in the front-yard. The applicant has
provided photos of these and two are along Regal Drive and two are along Joanne Lane.
Preliminary review of City records have not indicated any variances granted for these properties.
The porches may have been interpreted to be different accessory structure such as an “unenclosed
porch”, which is allowed to encroach 10 feet into front yards.
Page 3 of 6
The applicant obtained 10 letters of support from surrounding neighbors and submitted those in
conjunction with the variance application. In addition, we received a Citizen Response Form from
225 Joanne Lane indicating their support of the variance request. Copies are provided.
View from Joanne lane
IV. STANDARDS OF FINDING OF FACT FOR VARIATIONS
The applicant is requesting a variation to Article 7.03 of the Unified Development Ordinance to
allow for an uncovered front porch in the front yard, and a variance to Article 5.02.04 to reduce
the front yard setback from 25 feet to 15 feet. 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 a corner lot and has a small rear yard and side yard, which limits the availability
to place a porch in a location that meets the UDO requirements. The uncovered porch is proposed
adjacent to the northwest part of the home because the kitchen is located in that part of the home
and will have close access to the porch.
2. The extraordinary or exceptional conditions of the property, requiring the request
for the variance, were not caused by the applicant.
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The subject lot is only .27 acres and has existed for several years. The existing conditions of the
property and resulting variance request are not a result of the applicant, rather due to the historical
size and layout of the site and home.
3. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as
distinguished from a mere inconvenience or pecuniary hardship.
The subject property is a corner lot and is limited on available locations for a porch that meets the
requirements of the UDO. Other homes in the neighborhood have uncovered porches in the front
yard and have not been detrimental to the area.
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.
There are other uncovered porches in the front yards of surrounding homes and the applicant has
provided photos of those. The applicant lives on a corner lot and there is limited areas to build a
porch that meets the requirements of the UDO.
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.
There are several other uncovered porches and decks in the front yards of the other homes in the
neighborhood. The applicant has provided 10 letters of support from surrounding neighbors and
submitted those in conjunction with the variance application. In addition, the City has received
Citizen Response Form from 225 Joanne Lane indicating their support of the variance request.
V. RECOMMENDATION
Sample Variation Motion:
Based on the submitted petition and testimony presented, I move that the Planning and Zoning
Commission approve a variance to Article 7.03 of the Unified Development Ordinance to allow
for an uncovered porch in the front yard, and a variance to Article 5.02.04 to reduce the front yard
setback from 25 feet to 15 feet for the property located at 422 Regal Drive subject to the following:
1. Prior to the issuance of a building permit, a survey showing the correct location and
dimensions of the proposed 20’ x 10’ uncovered porch shall be submitted and shall be in
substantial compliance with the drawing indicated on the attached Exhibit A.
Page 5 of 6
EXHIBIT A
June 16, 2017
Dear Property Owner:
The DeKalb Planning and Zoning Commission will consider a request on a petition by Marijke
van Nieuwstadt for a variance to Article 7.03 of the Unified Development Ordinance to allow for
an uncovered porch in the front yard, and a variance to Article 5.02.04 to reduce the front yard
setback from 25 feet to 15 feet, and approval of other such variations or relief as required to
accommodate the proposed request for the site located at 422 Regal Dr. in DeKalb, IL 60115.
The DeKalb Planning and Zoning Commission will review the request and hold a public hearing
at its regular meeting on Wednesday, July 5, 2017 at 6:00 p.m. The meeting will be at the DeKalb
Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within 250
feet of the above-mentioned property, you are encouraged to attend this meeting to learn about and
comment on the proposal.
You are also welcome to submit any written comments you may have on the proposal no later than
Wednesday, June 28, 2017. You may submit written comments regarding the request on the
enclosed comment sheet by mail to the address listed above, or by e-mail to
dan.olson@cityofdekalb.com. All comments will be shared with the Commission and included in
the public record.
If you have any questions about this request, please feel free to contact the Community
Development Department at (815) 748-2060.
Sincerely,
Dan Olson
Principal Planner
Enclosures
CC: Mayor
City Council
City Manager
Planning and Zoning Commission
Applicant
Variance – 422 Regal Dr.
Page 2 of 4
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 Wednesday, July 5, 2017, at 6:00 p.m. in the DeKalb
Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on the petition by Marijke van
Nieuwstadt for a variance to Article 7.03 of the Unified Development Ordinance to allow for an
uncovered front porch in the front yard, and a variance to Article 5.02.04 to reduce the front yard
setback from 25 feet to 15 feet and approval of other such variations or relief as required to
accommodate the proposed request.
The subject property is legally described as:
LOT 20 IN BLOCK 21 IN JOHN W. TILTON'S FOURTH ADDITION TO TILTON PARK, A
SUBDIVISION OF A PART OF SECTION 14, TOWNSHIP 40 NORTH, RANGE 4, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
OCTOBER 29, 1957 AS DOCUMENT NO. 288599, IN PLAT BOOK "K", PAGE 6, IN
DEKALB COUNTY, ILLINOIS.
The aforementioned legal description is comprised of Parcel Identification Number (PIN) 08-14-
203-011 and commonly known as 422 Regal Dr., DeKalb, IL 60115.
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 these proposals to the City
of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois,
60115 by 5:00 p.m. on Wednesday, June 28, 2017.
Further information is available from the Community Development Department, (815) 748-2060.
Christina Atherton, Chairman
DeKalb Planning and Zoning Commission
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