Planning & Zoning Commission
Regular MeetingDeKalb, IL · January 3, 2022
Minutes
Planning and Zoning Commission
January 3, 2022
Page 1 of 5
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
January 3, 2022
The Planning and Zoning Commission held a meeting on January 3, 2022, at the DeKalb
Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois.
Chair Maxwell called the meeting to order at 6:00 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 Chair Max Maxwell. Steve Becker, Bill McMahon, and Maria Pena-
Graham were absent. 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 January 3, 2022, agenda as
presented. Mr. Wright motioned to approve the agenda as presented. Ms.
O’Flaherty seconded the motion, and the motion was approved by unanimous
voice vote.
C. APPROVAL OF MINUTES
1. December 20, 2021 – Chair Maxwell requested a motion to approve the
December 20, 2021, minutes as presented. Ms. Stoker 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 Equity Trust Company Custodian, FBO Mary
Zvirzdin IRA, represented by Betty Shattuck for approval of the rezoning of
1421 E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2”
Single-Family Residential District.
Betty Shattuck appeared and spoke on behalf the of the applicant, Mary
Zvirzdin, who is selling the property located at 1421 E. Lincoln Highway. Ms.
Shattuck provided background and the obstacles that led to the applicant filing
the petition.
Planning and Zoning Commission
January 3, 2022
Page 2 of 5
Ms. Shattuck spoke on how she listed this property at the beginning of October
2021. She indicated she found a buyer, Virginia Snyder and family, and went
under contract quickly with an appraisal being conducted around October 25,
2021. Ms. Shattuck continued saying she received word on November 1, 2021,
the appraisal could not be completed due to the property being zoned “LC”
Light Commercial District. She noted the lender could not provide a mortgage
for the property due to the “LC” zoning.
Betty Shattuck added the Snyder family and their real estate agent started
working with a different lender who thought they could process a loan with the
current zoning of “LC” Light Commercial. She mentioned the second appraisal
was conducted around November 15, 2021. Ms. Shattuck said the appraiser
advised it could not appraise as residential which led to the second lender not
wanting to offer a loan. She stated she was told to have the property rezoned
to Single-Family Residential in order for a loan to be obtained.
Ms. Shattuck discussed the questions that were addressed on the special use
application. She stated there is a strip of properties on the north side of East
Lincoln Highway that are a part of the 2005 East Lincoln Highway Corridor Plan.
She explained there would be no effect on the commercial and industrial
properties on the south side of E. Lincoln Highway. Ms. Shattuck went on to
discuss the impact on fourteen properties located on the north side of E. Lincoln
Highway that are zoned “LC” Light Commercial District, most being used for
residential purposes. She stressed the request for rezoning only applies for the
property at 1421 E. Lincoln Highway and will not affect the fourteen properties
previously discussed.
Ms. Shattuck addressed the fact commercial construction has not developed
along the north side of E. Lincoln Highway and with a high demand for
residential properties it makes sense to rezone the site to single-family
residential. She discussed the property value would increase due to the high
demand for residential properties. Ms. Shattuck talked about traffic with the
proposed zoning change, stating it would continue to provide light residential
traffic.
Ms. Shattuck stressed the values of the properties currently zoned as Light
Commercial could be diminished if they cannot sell due to the current zoning.
She added the properties would have to be sold only as Light Commercial
which would mean the properties could sell for less.
Dan Olson, Planning Director, went through the staff report dated December
30, 2021. He noted the proposed rezoning was requested by the purchaser’s
lender so the zoning of the property would match the existing use on the
property. Mr. Olson reported for legal non-conforming uses, lenders want the
Planning and Zoning Commission
January 3, 2022
Page 3 of 5
zoning to match the use. He added this is because the non-conforming
standards require reconstruction per the underlying zoning if the building is ever
destroyed or damaged over 50% of its value.
Mr. Olson mentioned commercial construction on the lot would be difficult due
to the small size and limited parking availability. He also noted the setback,
stormwater, and landscaping requirements would be difficult to meet. He
discussed this area has been zoned “LC” Light Commercial District since the
1970’s although commercial uses have not occurred.
Mr. Olson advised when a rezoning is requested the City looks at the 2005
Comprehensive Plan which reflects commercial for the subject property. He
also noted the 2005 East Lincoln Highway Corridor Plan shows Mixed
Residential for the subject lot and surrounding area north of E. Lincoln
Highway.
Mr. Olson reiterated the request is for a single site and will not affect adjacent
properties. He said those properties can have commercial uses with the “LC”
Light Commercial zoning as long as all standards are met. Mr. Olson added the
rezoning for the subject property would not cause any visible changes to the
area.
Mr. Olson reported the City received public input from four nearby property
owners. He said the first was from Tony and Rebecca Petersen of 1415 E.
Lincoln Highway who indicated they do not support the request. Mr. Olson
mentioned they were concerned if the rezoning was approved it would hinder
their ability to have commercial uses on their property. Mr. Olson said he spoke
to Ms. Petersen and explained their site would not be affected by this proposed
rezoning.
Mr. Olson read a second citizen response form from Ron Clarner of 1409 E.
Lincoln Highway who also did not support the proposed rezoning. He said Mr.
Clarner questioned what the rezoning would do to his taxes and insurance. Mr.
Olson advised he spoke with Mr. Clarner and informed him it would not affect
his zoning, insurance, or property taxes. Mr. Olson stated Mr. Clarner then
indicated he did not have an issue with the proposal. Mr. Olson acknowledged
two letters of support were received from Stephen Chaney of 118 Holly St. and
Proven Winners Realty of 1600 E. Lincoln Highway.
Mr. Olson advised City staff recommends approval of the rezoning from “LC”
Light Commercial to “SFR2” Single-Family Residential for the subject site.
Chair Maxwell asked if there were any questions from the Commission.
Planning and Zoning Commission
January 3, 2022
Page 4 of 5
Mr. Wright inquired on the difference in appraisal value between light
commercial and residential properties. Betty Shattuck replied the difference is
approximately 10% less than the listed price of $85,000.00. She added if the
property had to go back on the market as light commercial, it would be a
tremendous struggle to sell the property.
Chair Maxwell asked Dan Olson if the last transaction on this property was in
the 1970’s. Dan Olson responded the current owner purchased the property in
2015.
Kathy Hammes, of Coldwell Banker Real Estate said she represents the
potential buyers. She reiterated on the discouraging process of trying to obtain
a loan for the sale of this house and being zoned “LC” Light Commercial. Ms.
Hammes added this property has always been used as a home and not for
commercial purposes.
Ms. Stoker asked if this property has always been zoned “LC” Light Commercial
or did it change in 2005. Mr. Olson replied it has been zoned “LC” Light
Commercial since at least 1979. Ms. Stoker questioned the plan dated 2005 in
her agenda packet. Mr. Olson informed Ms. Stoker it’s the East Lincoln
Highway Corridor Plan from 2005.
Ms. Stoker inquired about property sales in the area and if the City has ever
had this brought to their attention. Mr. Olson said the City is not made aware of
real estate transactions.
Chair Maxwell asked if the map provided in the agenda packet was from the
last Comprehensive Plan. Mr. Olson responded yes it was from the 2005 Plan.
Chair Maxwell gave the public an opportunity to speak.
Joseph Holm of 1427 E. Lincoln Highway voiced his concern about the current
snow removal procedures and if the proposed rezoning would alter the snow
removal on the sidewalk in front of his home. Mr. Olson said the snow removal
procedures would not change as a result of the rezoning.
Ms. O’Flaherty moved that based on the submitted petition, testimony
presented, the Planning and Zoning Commission forward its findings of fact and
recommend to the City Council approval of the rezoning of subject site at 1421
E. Lincoln Highway from the “LC” Light Commercial District to the “SFR2”
Single-Family Residential District.
Mr. Wright seconded the motion.
Planning and Zoning Commission
January 3, 2022
Page 5 of 5
A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Stoker – Yes, Mr. Wright
– Yes, Chair Maxwell – Yes Mr. Becker, Ms. Pena-Graham, and Mr. McMahon
were absent. Motion Passed 4-0-3.
F. REPORTS
Mr. Olson announced the next meeting is scheduled for Tuesday, January 18,
2022, due to the MLK holiday falling on Monday, January 17, 2022. He added
there is one hearing scheduled for Pappas Development requesting approval
of an executive suites building along Barber Greene Road at County Farm
Road.
G. ADJOURNMENT
Mr. Wright motioned to adjourn, Ms. Stoker seconded the motion, and the
motion was approved by unanimous voice vote. The Planning and Zoning
Commission Meeting adjourned at 6:27 PM.
Minutes prepared by: Stephanie Turner Approved: 1/18/2022
Agenda
DEKALB PLANNING AND ZONING COMMISSION AGENDA
Monday, January 3, 2022
6:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak Street
DeKalb, IL 60115
COVID-19 Notice: The Planning and Zoning Commission 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 Governor Pritzker’s
Executive Orders 21-22 and 21-30, all persons attending this meeting who are age two or over
and able to medically tolerate a face covering (a mask or cloth face covering) shall be required
to wear protective face masks/coverings
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. APPROVAL OF MINUTES
1. December 20, 2021
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
E. NEW BUSINESS
1. Public Hearing - A petition by Equity Trust Company Custodian, FBO Mary Zvirzdin IRA, represented
by Betty Shattuck for approval of the rezoning of 1421 E. Lincoln Highway from the “LC” Light
Commercial District to the “SFR2” Single-Family Residential District.
F. REPORTS
G. ADJOURNMENT
Planning and Zoning Commission
December 20, 2021
Page 1 of 8
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
December 20, 2021
The Planning and Zoning Commission held a meeting on December 20, 2021, at the
DeKalb Public Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb,
Illinois. Vice Chair McMahon called the meeting to order at 6:00 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, and Vice Chair Bill McMahon. Jerry Wright, and Chair
Max Maxwell were absent. Principal Planner Dan Olson was present representing
the City of DeKalb.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Vice Chair McMahon requested a motion to approve the December 20, 2021,
agenda as presented. Ms. O’Flaherty 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. November 15, 2021 – Vice Chair McMahon requested a motion to approve the
November 15, 2021, minutes as presented. Mr. Becker motioned to approve
the minutes as presented. Ms. Pena-Graham 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 the City of DeKalb for text amendments to the
UDO to add “self-service storage facility, exterior unit access” as a special use
in the “LC” Light Commercial District and “GC” General Commercial District and
to change “self-service storage facility, exterior unit access” from a special use
to a permitted use in the “LI” Light Industrial District and the “HI” Heavy
Industrial District.
Planning and Zoning Commission
December 20, 2021
Page 2 of 8
Dan Olson, Principal Planner, went through the staff report dated December
16, 2021 and stated the City initiated the text amendments regarding self-
service storage facilities with exterior unit access. Mr. Olson spoke on self-
service storage facilities being broken down between exterior unit access and
interior unit access. He went on to explain exterior unit access is self-storage
with outdoor rolling doors going into a unit.
Mr. Olson continued discussion on the proposed amendments in relation to the
Light Commercial District “LC” and General Commercial District “GC”. He
stated there would be a hearing after this one regarding a special use request
for a self-storage facility, which prompted the text amendment petition. He said
an applicant wants to put up a self-service storage facility with exterior unit
access in a “GC”, General Commercial District which currently doesn’t allow
them as a permitted or conditional use. He stated the proposal is to add this
use as a special use to the “LC”, Light Commercial District and the “GC”,
General Commercial District. He added the text amendment would need to be
approved before the request in the second hearing can proceed.
Mr. Olson provided background on an amendment to the Unified Development
Ordinance “UDO” in 2018 regarding self-storage facilities. He mentioned there
was a previous desire for a business owner to build an indoor, climate control
facility, which was never constructed. He added the amendment approved
definitions for a separate interior unit access and exterior unit access facility.
Mr. Olson stated interior unit access facilities were added as a special use in
Light Commercial District and General Commercial District and exterior unit
access facilities were added as a special use in the “LI”, Light Industrial District
and “HI”, Heavy Industrial District.
Mr. Olson noted that prior to the 2018 amendments self-service storage
facilities were not separated by interior and exterior unit access and were only
allowed as special use in Light Industrial and Heavy Industrial Districts. Mr.
Olson mentioned the 2018 amendments also included standards to make sure
indoor and outdoor self-service storage facilities reviewed under a special use
permit were located in appropriate areas, protected prime retail space and were
compatible with the surrounding neighborhood.
Mr. Olson stated the specific amendments include amending the Light
Commercial District and General Commercial District to add “self-service
storage facility, exterior unit access” as a special use. Mr. Olson spoke on how
Planning and Zoning Commission
December 20, 2021
Page 3 of 8
this use is very similar to the other special uses in the Light Commercial and
General Commercial Districts. He also noted the special use procedure dictates
a hearing to allow the Commission to review and ensure all standards are being
met. Mr. Olson added the amendments also change exterior unit access to a
permitted use in both the Heavy Industrial and Light Industrial Districts.
Dan Olson, Principal Planner, advised the City recommends approval of the
proposed text amendments.
Vice Chair McMahon gave the public an opportunity to speak. No one spoke
from the public.
Vice Chair McMahon gave the Commission an opportunity to speak.
Mr. Becker stated it seems sensible to separate the exterior and interior units
and making the exterior units special uses in the LC and GC Districts. He stated
he likes how it is broken down.
Ms. O’Flaherty said she liked that anytime this use is proposed it must come
before the Commission for approval. She added the best way to address these
types of facilities is on a case-by-case basis.
Ms. Stoker moved that the Planning and Zoning Commission recommend
approval of text amendments to the Unified Development Ordinance regarding
self-service storage facilities, exterior unit access, as indicated in Exhibit A of
the staff report.
Ms. O’Flaherty seconded the motion.
A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-
Graham – Yes, Ms. Stoker – Yes, Vice Chair McMahon – Yes, Chair Maxwell,
and Mr. Wright were absent. Motion Passed 5-0-2.
2. Public Hearing – A petition by Haywell, LLC represented by Tim Hayden
requesting approval of a special use permit for a “self-storage facility, exterior
unit access” located at 118 Clive Drive.
Tim Hayden, applicant, addressed the Commission about a storage facility his
company built in 2018 behind Hy-Vee in Sycamore consisting of 130 units in
various sizes. Mr. Hayden stated he is looking to expand with smaller unit sizes
on the subject site. He added they have renovated larger units to become
Planning and Zoning Commission
December 20, 2021
Page 4 of 8
smaller units, which are in high demand. Mr. Hayden mentioned his company
has other facilities in Rochelle, Kirkland, and Byron which all are occupied at a
rate of 97% or higher.
Mr. Hayden discussed the evolution of the storage facilities that his company
has built referencing the buildings themselves and security measures, including
monitors and security gates. Tim stated in a three-to-four-year period, there
have been no break-ins at their locations. He added the proposed location adds
a natural level of security due to the high visibility.
Tim Hayden explained the building layout plan consisting of three buildings,
with the east building being one-sided consisting of larger units. He added the
other two buildings will be heavily focused on the smaller unit sizes, including
5’ x 10’ units which they currently do not have.
Mr. Hayden talked about managing his facilities and stated the average
occupied time across five hundred units is approximately three years which
limits traffic and move-outs. He added having security cameras, holding thirty
days of recording, helps keep the appearance of his facilities in good shape.
Mr. Hayden went on to discuss his conversations with the City in regard to
landscaping, which focused on the southside of the facility. He stated with a
good amount of landscaping and with a decent building using earth tone colors,
it should blend in nicely with the area.
Mr. Hayden spoke on the high occupancy levels and strong demand for these
units especially around this time of year. He noted individuals rent out storage
units to store their outdoor items and find convenience of the units for their
excess items from home. He added there are a small number of delinquencies
and they have only had about three auctions in a ten-year span.
Dan Olson, Principal Planner, went through the staff report dated December
16, 2021. He explained the proposed location is west of Casey’s and is part of
a three-lot subdivision. Mr. Olson stated the north lot is zoned Heavy Industrial
“HI” and the two front lots are zoned General Commercial “CG” and have been
vacant for quite some time.
Mr. Olson referenced the text amendments that were just discussed noting that
self-storage facility with exterior unit access were added as a special use in the
GC District. He discussed the site plan for the proposed location which provides
the appropriate setbacks per the GC District regulations.
Mr. Olson went on to discuss the plan for the site and stated there will be one
access point with a security gate off Clive Drive. He advised the gate will be
Planning and Zoning Commission
December 20, 2021
Page 5 of 8
closed from 10:00 p.m. to 6:00 a.m. He stated there will be no water or sanitary
service to this site and that storm water is provided in a detention pond on east
side of the property. Mr. Olson mentioned this facility will have no parking
spaces so customers will have to park in front of their unit. He said there will be
no employees on site, but there will be a small office for employees who must
come to the location to show prospective renter’s the units. He continued by
describing the six-foot-high fence shown on the plan being revised to a four-
foot-high ornamental fence to meet the standards of the UDO.
Mr. Olson mentioned he is working with the applicant’s engineering consultant
on the pavement layout regarding the turning radius and access for the Fire
Department. Mr. Olson also noted he spoke with the City Engineer about
possibly having to widen the entrance by a couple of feet, which there is plenty
of room to do. He stated there is a condition with the recommendation to have
the Fire Department and City Engineer approve the plan prior to any building
permits being issued.
Mr. Olson continued the discussion about the landscaping plan that was
submitted with a variety of landscaping being proposed along Clive Drive and
East Lincoln Highway. He stated the trees that are currently along E. Lincoln
Highway will be removed and replaced with a variety of different types of trees
and shrubs. He advised the plan for the landscaping meets the standards of
the UDO.
Mr. Olson reiterated the applicant’s statement of a high demand for self-storage
units, especially the smaller units that are being proposed at this location. He
provided information from the applicant showing that not many occupancies
are currently available at three other facilities in the area.
Mr. Olson added there are provisions in Article 7 of the UDO regarding these
facilities including access, traffic circulation, lighting, which a plan was
provided, and no outside storage being allowed. He said there will be security
cameras present and there is no parking demand for this use. He stated the
proposed site meets all the special use standards and complies with the UDO.
Mr. Olson discussed the public input he received on the petition including the
correspondence from Tom Weaver. He noted there was a letter and e-mail to
some of the Commission members from Mr. Weaver. Mr. Olson stated Mr.
Weaver’s letter stated he did not think this type of use was appropriate for this
site being a gateway into the City.
Mr. Olson advised City Staff recommends approval of the Special Use Permit.
Planning and Zoning Commission
December 20, 2021
Page 6 of 8
Vice Chair McMahon gave the public an opportunity to speak. No one spoke
from the public.
Vice Chair McMahon gave the Commission an opportunity to speak.
Mr. Becker voiced a concern about a site sign and stated he liked the entrance
off Clive Drive and not E. Lincoln Highway. He asked if the applicant intended
to have a sign and if so, what would the location be.
Tim Hayden stated he liked the access location being off the north end of Clive
Drive so a truck and a trailer could easily stage. He stated they did not discuss
signage at this point but would like to have a sign on E. Lincoln Highway.
Mr. Becker stated that is not what he would like to see especially with the letter
of disapproval that was received. Mr. Becker asked the applicant if it would
cause a problem to require the signage to be placed on Clive Drive. Mr. Hayden
stated the answer to that question is probably no. Mr. Hayden stated the
signage is the element of direction for individuals coming to the location. He
stated if possible, he would like to see the sign parallel to E. Lincoln Highway.
Mr. Becker wanted to verify the proposed sign would be placed on southwest
corner of the property running parallel with E. Lincoln Highway. Mr. Hayden
stated if it were parallel to E. Lincoln Highway it would make it easier for people
to find the location.
Mr. Olson stated there is a sign for Minify Self- Storage on E. Lincoln Highway
and is a part of the Casey signage that is perpendicular to Lincoln Highway. He
stated it is important for identification for customers.
Ms. Pena-Graham added the applicant’s other locations are in industrial areas
and not located on a main highway and people do not have trouble finding
those locations. She stated locations are now found via GPS.
Mr. Hayden added when someone contacts his business they are talking to a
manager, not a call center, so they can be provided directions.
Ms. Pena-Graham asked if there would be a street sign at Clive Drive. Mr.
Olson replied he thinks the sign is there now. Mr. Olson advised the
Commission they can restrict the size of the sign.
Mr. Hayden added the proposed landscaping will help the sign blend in. He
added they do not put up elaborate signs, just a sign for directional use.
Planning and Zoning Commission
December 20, 2021
Page 7 of 8
Mr. Becker stated that older storage facilities from twenty to forty years ago
were eyesores and the newer facilities seem to have consideration for their
surrounding area.
Tim Hayden talked about the fact there is more confidence in a well-kept facility
with security measures in place.
Ms. O’Flaherty said Mr. Becker spoke on her concerns and added that normally
she would not be excited about a storage facility on E. Lincoln Highway,
however it’s not out of place with the surrounding area.
Mr. Becker stated if done properly it should blend perfectly with the corridor and
he wants to enhance the area.
Mr. Hayden stated their intention is not to build and sell, they intend to own for
the long-term.
Mr. McMahon asked about the landscaping plan being different from their
location in Sycamore. Mr. Hayden stated that location conformed to
Sycamore’s Code.
Ms. Pena-Graham spoke on being concerned at first but would rather have a
vacant lot be put to good use. She added the tax implications will help the
community as well.
Ms. Stoker added their storage buildings look better than the asphalt lot
currently located on Lot 3 to the north.
Mr. Becker moved that based on the submitted petition, testimony presented
and findings of fact, the Planning and Zoning Commission recommend to the
City Council approval of a special use permit for a “self-service storage facility,
exterior unit access” for the subject property at 118 Clive Drive per the plans
as indicated on Exhibit A and subject to the comments in Exhibit B with the
condition no outdoor storage be allowed on the subject’s site.
Ms. Stoker seconded the motion.
A roll call vote was taken. Mr. Becker – Yes Ms. O’Flaherty – Yes, Ms. Pena-
Graham – Yes, Ms. Stoker – Yes Vice Chair McMahon – Yes Chair Maxwell,
and Mr. Wright were absent. Motion Passed 5-0-2.
F. REPORTS
Planning and Zoning Commission
December 20, 2021
Page 8 of 8
Mr. Olson informed the next meeting is January 3 and a rezoning hearing is
scheduled. Mr. Olson asked the Commission to let the Recording Secretary
Stephanie Turner or him know if they cannot make the meeting. The next
meeting after January 3 is scheduled for January 18, which is a Tuesday due
to the MLK Holiday. He noted there is nothing scheduled yet but there may be
a hearing.
Mr. Olson told the Commission an updated list of Commission members was
handed out along with the 2022 Schedule of Meetings.
Mr. Olson stated the Commission will be more involved in the update of the
2005 Comprehensive Plan in January and February. He noted with the budget
being completed, City Manager Nicklas should be available to assist on the
Plan update.
G. ADJOURNMENT
Ms. O’Flaherty motioned to adjourn, Ms. Pena-Graham seconded the motion,
and the motion was approved by unanimous voice vote. The Planning and
Zoning Commission Meeting adjourned at 6:49 PM.
STAFF REPORT
December 30, 2021
TO: Planning and Zoning Commission
FROM: Dan Olson, Principal Planner
RE: 1421 E. Lincoln Highway – Rezoning from the “LC” Light Commercial
District to the “SFR2” Single-Family Residential District
I. GENERAL INFORMATION
A. Purpose Removal of a legal non-conforming use.
Allow for the reconstruction of the home if
destroyed beyond 50% of its value.
B. Owner/Applicant Equity Trust Company Custodian, FBO
Mary Zvirzdin IRA, represented by Betty
Shattuck
C. Location and Size 1421 E. Lincoln Hwy./.11 acres
D. Existing Zoning and Land Use “LC” Light Commercial District; Single-
Family Detached Home
E. Surrounding Zoning and Land Use North: LC and SFR2; Single-Family
Residential
South: LC and LI; Commercial, Single-
Family Home
East: LC; Single-Family Residential and
Commercial
West: LC, Single-Family Residential
F. Comprehensive Plan Designation 2005 Plan - Commercial
2005 E. Lincoln Hwy. Corridor Plan –
Mixed Residential
II. BACKGROUND AND ANALYSIS
Request/Background
The City has received a petition from Equity Trust Company Custodian, FBO Mary
Zvirzdin IRA, represented by Betty Shattuck to rezone 1421 E. Lincoln Highway from the
“LC” Light Commercial District to the “SFR2” Single-Family Residential District. The
house on the property is for sale and the intent of the applicant is to get the zoning
changed to “SFR2”. The applicant notes it has been difficult to sell the home zoned as
“LC”.
The property was purchased by the current owner in 2015 and has been used as a single-
family home since that time. The applicant notes the property owner was not aware of the
“LC” zoning when they purchased it. The owner put the property up for sale on Oct 4,
2021 and the seller entered into a contract with an interested buyer on October 9. The
buyer’s lender is requesting the zoning of the property match the existing use on the
property. The applicant states in order to complete the sale with a mortgage, the property
must be zoned “SFR2”.
The property is legal non-conforming, and the regulations of the UDO do allow the home
to be sold without bringing it into compliance. The non-conforming regulations do require,
however, that if the property is damaged to an extent more than 50% of its replacement
cost, it can only be reconstructed per the underlying zoning district (“LC”, Light
Commercial). A single-family detached home is not a permitted use in the “LC” District.
There are several other homes along the north side of E. Lincoln Highway between Dodge
Ave. and Home Dr. zoned “LC”. The “LC” zoning classification in this area has been in
place for several decades, however commercial development has not followed. The
owner is trying to sell the home, but the buyer’s lender is requiring rezoning to “SFR2” in
order to complete the sale. They want assurances that if the home is destroyed, it can be
re-built.
If the home was destroyed or demolished, constructing a commercial building on the site
and meeting all the setback and parking requirements of the “LC” District would be very
difficult. The lot is only 4,972 sq. ft. and is not conducive to “LC” zoning. “SFR2” zoning is
the most appropriate classification for the property.
III. STANDARDS FOR ZONING MAP AMENDMENT
1. The proposed rezoning conforms to the Comprehensive Plan, or conditions
have changed to warrant the need for different types of land uses in that area. The
proposed rezoning is appropriate considering the length of time the property has
been vacant, as originally zoned, and taking into account the surrounding areas
trend in development.
The 2005 Comprehensive Plan recommends the subject site for commercial uses. The
Page 2 of 4
East Lincoln Highway Corridor Plan from 2005 recommends “Mixed Residential” for the
subject site as well as the area along the north side of E. Lincoln Highway, between Elm
St. and Cotton Ave. The 2005 East Lincoln Highway Corridor Plan recommended a fairly
ambitious rehabilitation plan for the area (Dodge Addition) to contain a mix of affordable
and market rate units including single-family detached and walk up apartment units. The
“LC” zoning classification in this area has been in place for several decades, however
commercial development has not followed. Rezoning the subject site from the “LC”
District to the “SFR2” District would assist in bringing the property into compliance with
the Corridor Plan.
If the home was destroyed or demolished, constructing a commercial building on the site
and meeting all the setback and parking requirements of the “LC” District would be very
difficult. The lot is only 4,972 sq. ft. and is not conducive to “LC” zoning. The current site
would not have enough area for parking and would require the removal of the existing
garage. “SFR2” zoning is the most appropriate classification for the property.
2. The proposed rezoning conforms to the intent and purpose of the Unified
Development Ordinance.
The rezoning of the subject property to the “SFR2” District would allow it to be compatible
with the existing use on the site, which is a single-family detached home. The single-
family home on the subject site would conform more to the regulations of the “SFR2”
District than the “LC” District.
3. The proposed rezoning will not have a significantly detrimental effect on the
long-range development of adjacent properties or adjacent land uses.
The proposed rezoning will not have a detrimental effect on the adjacent properties or
land uses as it entitles the subject property to a use that is compatible with the adjacent
area. The existing zoning of the adjacent homes along E. Lincoln Highway would not be
negatively affected by this rezoning request. In addition, there would be no impact to the
commercial uses along the south side of the highway. Rezoning the subject site to the
“SFR2” District will help increase property values. The existing “LC” zoning along the
north side of E. Lincoln Highway is driving down property values and eliminating the ability
to finance the homes with a residential mortgage.
4. The proposed rezoning constitutes an expansion of an existing zoning
district that, due to the lack of undeveloped land, can no longer meet the demand
for the intended land uses.
The subject property is currently zoned “LC” Light Commercial District. Rezoning the
property to “SFR2” will allow the single-family home on the site to be compatible with the
underlying zoning district.
5. Adequate public facilities and services exist or can be provided.
Page 3 of 4
Adequate public services and utilities are already provided to the subject property.
IV. PUBLIC INPUT
The City has received four correspondence from nearby property owners.
• Tony and Rebecca Petersen – 1415 E. Lincoln Highway – Does not support
proposal. They are concerned that if the rezoning is approved, it would hinder their
opportunity to have a business on their property. Staff called the residence and
advised Ms. Petersen the background of the request and the zoning on their site
would not be affected.
• Ron Clarner – 1409 E. Lincoln Highway – Does not support proposal. Staff called
Mr. Clarner to explain the request and that it will not affect the zoning on his
property or his taxes. Once he understood the request, he indicated he has “no
issue” with the proposal.
• Stephen Chaney – 118 Holly St. – Supports the proposal.
• Proven Winners Realty Holding – 1660 E. Lincoln Highway – Supports the
proposal.
V. CONCLUSIONS AND RECOMMENDATION
The proposed rezoning request will allow the existing use on the site to be in conformance
with the UDO. The subject lot is only 4,972 sq. ft. and is not conducive to “LC” zoning.
“SFR2” zoning is the most appropriate classification for the property.
The staff’s recommendation is to approve, and a sample motion has been prepared.
Sample Motion:
Based upon the submitted petition and testimony presented, I move the Planning and
Zoning Commission forward its findings of fact and recommend to the City Council
approval of the rezoning of subject site at 1421 E. Lincoln Highway from the “LC” Light
Commercial District to the “SFR2” Single-Family Residential District.
Page 4 of 4
DocuSign Envelope ID: 288F41FB-EDBA-41A2-BF13-2CBB824D744A
REZONING PETITION
TO: City Council, City Clerk, and Mayor of the City of DeKalb, Illinois
FROM: Petitioner Name(s): Mary Zvirzdin Phone: 847-791-1341
Petitioner’s Representative: Betty Shattuck Email: bshattuck@starckre.com
Mailing Address:
330 W Virginia St., Crystal Lake, IL 60014
Property Owner: Equity Trust Company Custodian FBO Mary Zvirzdin IRA Phone: 772-209-1919
Mailing Address: Email: maryzrealtor@gmail.com
3181 SW Armucher St., Port St Lucie, FL 34953.
1. The petitioner hereby petitions the City of DeKalb to rezone the following property:
A. Legal Description and Parcel Number(s) – If necessary, attach the full legal description on a separate piece
of paper:
PIN = 08 23 429 016
Legal Description:
MARTIN DODGE ADDITION - S 85FT OF LOT 4 BLOCK 3
B. Street Address or Common Location: 1421 E Lincoln Hwy., DeKalb IL 60015
C. Size of Property (square feet or acres): .117 acres
D. Existing Zoning: LC Light Commercial District
E. Proposed Zoning: SFR2 Single-Family Residential District
F. Reason for request: On a separate document, describe the reasons for the rezoning request and the intended
types of land uses, if any, for the property. Also, indicate whether or not the proposed rezoning would: a) be in
conformance with the City’s Comprehensive Plan and how the proposed rezoning may; b) impact adjacent
existing and future land uses; c) impact adjacent property values; and d) impact the general public’s health, safety
and welfare.
Updated: 9/2019
DocuSign Envelope ID: 288F41FB-EDBA-41A2-BF13-2CBB824D744A
REZONING PETITION
Page 2 of 2
2. The petitioner hereby submits the following information:
Vicinity map of the area proposed for the rezoning
All files (e.g. site plans, building elevations, legal description, reasons for request) shall be provided
electronically on a CD, DVD or flash device that will become part of the application file.
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: December 2, 2021
Those in attendance: Dan Olson and Betty Shattuck
(Note to Petitioner: A pre-application conference with staff is highly encouraged to avoid delays and help in the
timely processing of this petition.)
4. The petitioner hereby agrees that this petition will be placed on the Planning 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 information and affirms that it is true and correct.
12/8/2021
Petitioner Signature Date
I hereby affirm that 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 Rezoning petition as described above (petitioner must
sign if they are the owner).
12/9/2021
Property Owner Signature Date
Updated: 9/2019
Dec 9, 2021
Dekalb Planning & Zoning
Rezoning Petition for 1421 E Lincoln Highway
Reason for Request (F.)
“Describe the reasons for the rezoning request and the intended types of land uses, if any for
the property. Also, indicate whether or not the proposed rezoning would a) be in conformance
with the City’s Comprehensive Plan and how the proposed rezoning may; b) impact adjacent
existing and future land uses; c) impact adjacent property values; and d) impact the general
public’s health safety and welfare.”
Reasons for Request
The main reason for the request to SFR zoning is due to the difficulty in selling the property with
the current LC zoning.
Background History:
The property was purchased by the current owner in 2015 and used for residential purposes.
This owner was not aware of the LC zoning. The owner put the property up for sale on Oct 4,
2021.
The seller entered into a contract with the buyer, Regina Synder on Oct 9. Ms. Synder
proceeded to apply for a mortgage and the appraisal was scheduled for Oct. 25. On Nov. 1 we
learned there was a zoning problem, the lender could not proceed with a residential mortgage
on the LC zoning, ending the financing for the mortgage.
As a result, the buyer looked for other financing and found a second lender who thought they
could finance the property. The second appraisal on Nov. 15, stipulated that the property had
to be appraised as commercial due to the zoning and that the investors backing the loan would
not proceed with the mortgage request. The conclusion is that the property must be zoned SFR
to complete the sale with a mortgage.
A) Would the proposed zoning be within the City’s Comprehensive Plan?
The East Lincoln Highway Corridor Plan approved in March 2005 recommends
Mixed Residential, which includes single-family detached units, for the
area along the north side of E. Lincoln Hwy. between Elm St. and Cotton
Ave. Rezoning the subject site from LC to SFR2 would assist in bringing
the property into compliance with the Plan.
B) How may the proposed rezoning impact adjacent existing and future land
uses?
The nearby commercial and industrial properties, mainly across the street
and on the south side of Lincoln Hwy, would be very minimally impacted, if at all. The
neighboring 14 focus properties (see spreadsheet) would also see little effect. The 116+
owners of residential homes in the neighborhood to the north of the subject property
would probably applaud the zoning change as it would buffer and protect their own
residential interests. In my opinion, these modest mixed use homes on the north side of
Lincoln Hwy, that are zoned LC, or even as a potential SFR, would do little to impact
future land uses.
C) How may the proposed zoning impact adjacent property values?
The proposed zoning will increase property values in this area. Currently, market
values for LC uses are down. No secret here is that residential market values, due to
lack of enough available housing, have been increasing steadily year over year. The
current LC zoning is driving residential values down on the northside of Lincoln Hwy., by
eliminating the ability to finance these homes with a residential mortgage.
D) How may the proposed zoning change impact the general public’s health,
safety and welfare?
The zoning change would continue the light traffic and parking at the front of the
house by residents. The subject property does not lend itself well to a light commercial
use. LC traffic and parking would be a major unsafe condition. The home is situated at
the front of the lot with no access to the back. A safe parking and turnaround area would
be difficult to impossible to accomplish. Neighboring residences would be negatively
impacted by added in and out traffic of LC that could be squeezed into the shallow front
yard. Traffic on Lincoln Hwy. is already negatively impacted by light commercial use
traffic.
Beyond traffic, and more importantly, the health and welfare of all the light
commercial zoned homes are being diminished as the financial welfare of the owners is
being eroded. If financing options were available, in this area of modest homes and
many seniors, these homes would increase in value and allow for safer living conditions
that currently don’t exist with the LC zoning.
ZONING MAP
ADDRESS Block ZONING - USE Recent Purchases Information
1 1305 E LINCOLN HWY Dodge to Elm LC - Residential/Commercial Homeowner & Senior Exemption
2 1309 E LINCOLN HWY Dodge to Elm LC - Residential 9/21 Refy Quicken Homeowner Exemption
3 1315 E LINCOLN HWY Dodge to Elm LC - Residential 1/17 Cash
4 1323 E LINCOLN HWY Dodge to Elm LC - Residential Homeowner & Senior Exemption
5 1335 E LINCOLN HWY Dodge to Elm LC - Residential 2/21 Lease/Option to Buy Homeowner Exemption
1330 E LINCOLN HWY INDUSTRIAL
1334 E LINCOLN HWY COMMERCIAL
1336 E LINCOLN HWY COMMERCIAL
1400 E LINCOLN HWY COMMERCIAL
1402 E LINCOLN HWY COMMERCIAL
6 1403 E LINCOLN HWY Elm to Holly LC - Residential 2 Unit Rental
7 1409 E LINCOLN HWY Elm to Holly LC - Residential/Commercial Garage Business
8 1415 E LINCOLN HWY Elm to Holly LC - Residential Homeowner & Senior Exemption
1420 E LINCOLN HWY COMMERCIAL
9 1421 E LINCOLN HWY*** Elm to Holly LC - Residential
1422 E LINCOLN HWY COMMERCIAL
10 1427 E LINCOLN HWY Elm to Holly LC - Residential Homeowner & Senior Exemption
1430 E LINCOLN HWY LC - Residential 9/21 HELOC 1st Midwest Duplex Rental
11 1503 E LINCOLN HWY Holly to 1/2 way to Home COMMERCIAL
12 1509 E LINCOLN HWY Holly to 1/2 way to Home LC - Residential Rental?
13 1519 E LINCOLN HWY Holly to 1/2 way to Home LC - Residential Rental?
14 1529 E LINCOLN HWY Holly to 1/2 way to Home LC - Residential Rental?
1701 E LINCOLN HWY LC - Commercial Elder Care Services
1731 E LINCOLN HWY LC - Residential Homeowner & Senior Exemption
1805 E LINCOLN HWY LC - Commercial
1811 E LINCOLN HWY LC - Residential Homeowner Exemption
subject***
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 Monday, January 3, 2022, at 6:00 p.m. in the Yusunas
Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by Equity
Trust Company Custodian, FBO Mary Zvirzdin IRA, represented by Betty Shattuck for approval
of the rezoning of 1421 E. Lincoln Highway from the “LC” Light Commercial District to the
“SFR2” Single-Family Residential District. The subject site is .11 acres, has a Parcel Identification
Number of 08-23-429-016 and is commonly known as 1421 E. Lincoln Highway, DeKalb, IL.
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 Monday, January 3, 2022, 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