Planning & Zoning Commission
Regular MeetingDeKalb, IL · December 2, 2024
Minutes
Planning and Zoning Commission
December 2, 2024
Page 1 of 4
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
December 2, 2024
The Planning and Zoning Commission held a meeting on December 2, 2024, in the Yusunas Meeting Room at
the DeKalb Public Library, 309 Oak Street, DeKalb, Illinois. Vice Chair McMahon called the meeting to order at
6:00 PM.
A. ROLL CALL
Recording Secretary, Olivia Doss, called the roll. Planning and Zoning Commission members present
were: Vice Chair Bill McMahon, Steve Becker, Maria Pena-Graham, Trixy O’Flaherty, and Jerry Wright.
Commission Chair Max Maxwell was absent. Planning Director Dan Olson was present representing the
City.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Vice Chair McMahon requested a motion to approve the December 2, 2024, agenda as presented. Mr.
Becker motioned to approve the agenda as presented. Mr. Wright seconded the motion, and the motion
was approved by unanimous voice vote.
C. APPROVAL OF MINUTES
1. December 2, 2024 – Vice Chair McMahon requested a motion to approve the December 2, 2024,
minutes as presented. Mr. Becker motioned to approve the minutes as submitted. Ms. O’Flaherty
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 Lazarus Rivera for approval of variances to the Unified Development
Ordinance to allow a 6-foot-high wood privacy fence in a portion of the frontage yard (side yard) along
Furrow St. for the property located at 499 Bantam St.
The petitioner, Lazarus Rivera of 499 Bantam Street, gave a short presentation for his variance
request. Mr. Rivera stated he was seeking a variance for his corner lot property at 499 Bantam Street
to help meet his autistic son’s needs. Mr. Rivera explained they also have two (2) small dogs who
cater to his son. By adding the 6 ft tall privacy fence to block off the yard, it would create a secure
and safe environment for his son. He noted the back of the property is all farmland, and this scenery
puts his son at ease. Mr. Rivera said the rear year would only have a 4 ft tall privacy fence so his son
could see out his bedroom window. Mr. Rivera assured the Commission he would work with the City
and the fencing company to make it happen and urged them to consider his request.
Planning Director Olson gave his Staff Report dated November 27, 2024. He noted the home is at
the corner of Furrow Street and Bantam Street, in an area where several new single-family homes
are under construction by Ryan Homes. Mr. Olson pointed out the proposed location of the 6 ft high
privacy fence. He noted the home does not reach the 25 ft building setback line along Furrow St. and
Planning and Zoning Commission
December 2, 2024
Page 2 of 4
is about 12.5 feet from the building setback line. Mr. Olson noted the proposed location of the fence
leaves additional green space along Furrow St. He said the area of the fence requiring the variance
would be along Furrow Street, between the home and property line. Mr. Olson mentioned the staff’s
viewpoint is if Ryan Homes could have built the house up to the 25 ft setback line, a fence would be
less of an impact. He added the footprints of the new homes by Ryan are smaller than the other
homes in the subdivision, leaving additional open space on corner lots. Mr. Olson also pointed out
there is no visibility concerns with an adjacent home, since the back of the property faces farmland.
Mr. Olson recommended approval of the variance since the fence will not negatively impact the
neighborhood, will not block the visibility of adjacent homes, and will only be built up to the 25 ft
setback line along Furrow St. Concluding, he stated the variance request meets the findings of fact,
and no written comments from the public were received.
No public comments were made, and Vice Chair McMahon closed the public hearing.
Ms. O’Flaherty commented the request was an easy one and was in support of the variance.
Vice Chair McMahon noted if the house could be built up to where the fence is proposed, the request
seems reasonable.
Vice Chair McMahon requested a motion to approve. Ms. O’Flaherty moved based on the submitted
petition, testimony presented and findings of fact, the Planning and Zoning Commission approve a
variance to Articles 7.06.4.b and 7.06.6 of the Unified Development Ordinance to allow a 6-foot-high
wood privacy fence in a portion of the frontage yard (side yard) along Furrow St. for the property
located at 499 Bantam St. as shown on the site plan labeled as Exhibit A of the staff report dated
November 27, 2024. Mr. Wright seconded the motion.
A roll call vote was taken: Becker – yes, O’Flaherty – yes, Pena-Graham – yes, Wright – yes,
McMahon – yes. Commission Chair Maxwell was absent. Motion passed 5-0-1.
2. Public Hearing - A petition by Legend Restoration, represented by Bill Schermerhorn, for a special
use permit for multi-family dwelling units (4-unit apartment building) for the vacant property located
at 1015 Market St. A variance is also requested from the Unified Development Ordinance to reduce
the minimum lot size from 14,000 sq. ft. to 13,500 sq. ft. for a 4-unit apartment building.
Petitioner, Bill (Frank) Schermerhorn, on behalf of Legend Restoration, presented the special use
permit and variance request for 1015 Market Street to the Commission. He explained they are
proposing a modification to the minimum lot size requirements in the Unified Development Ordinance
(UDO) for a 4-unit multi-family building. Mr. Schermerhorn explained the subject lot is vacant and is
500 sq. ft. under the minimum lot size for four (4) apartment units. He noted parking will be available
from the back alley.
Mr. Olson asked Mr. Schermerhorn to provide additional details on the units and type of building that
is proposed. Mr. Schermerhorn responded by noting each unit will have two (2) bedrooms, and added
he is working with an architect to have more detailed plans drawn up.
Planning Director Olson gave his Staff Report dated November 27, 2024. He noted to the Commission
there is two (2) motions at the end, one for the special use permit and one for the variance. He
explained the lot is currently vacant and sits on the north side of Market Street. The lot is served by
an alley extending from N. 10th Street to N. 11th Street and is zoned RC-1 (Residential Conservation
District). Mr. Olson mentioned due to the zoning, a multi-family building requires a special use permit,
and the variance is needed for the lot size. He then gave a brief history of the lot, noting its size is
Planning and Zoning Commission
December 2, 2024
Page 3 of 4
0.31 acres, and two (2) structures used to be present on the lot prior to the City demolishing them in
2017.
Mr. Olson stated Legend Restoration is proposing a two-story building which will contain four (4)
dwelling units, two (2) ground units and two (2) upper units. Each unit will have two (2) bedrooms
each. The proposed building will face Market Street and will have parking to accommodate nine (9)
vehicles off the alley. Mr. Olson noted they will meet the parking requirements contained in the UDO.
He further explained the building will meet all required building setbacks and will be in line with the
2022 Comprehensive Plan. He noted the area has a mix of land uses, including industrial/commercial,
two-family, single-family and multi-family units.
Mr. Olson explained the 2022 Comprehensive Plan calls for Medium Density Residential for the lot,
which includes multi-family buildings with eight (8) units or less. He stated the building will provide
additional housing and value to the neighborhood and increasing property taxes. He noted while the
amount of parking planned meets UDO requirements, parking is also allowed on the north side of
Market Street should it be needed.
He then described the need for the variance in addition to the special use permit. He explained the
UDO requires 3,500 sq. ft. of lot area per dwelling unit, which would result in a minimum lot
requirement of 14,000 sq. ft. for four (4) units. The subject lot is 13,500 sq. ft., making it just 500 sq.
ft. short of the required size. He stated the building will meet all setback requirements, parking
requirements and will have plenty of green space. Mr. Olson went on to note several instances of
two-unit and multi-unit dwellings in the neighborhood that are located on lots that do not meet the
minimum lot size requirement.
Concluding his report, Mr. Olson stated the building would be a nice addition to the area, both petitions
meet the findings of fact, and no written comments were received. He recommended approval of both
the special use permit and variance.
No public comments were made, and Vice Chair McMahon closed the public hearing.
Mr. Wright inquired if the property was owned by the City at one time. Mr. Olson explained it was
most likely obtained via code enforcement/property maintenance issues prior to demolishing the
structures in 2017. After the structures were demolished, the City sold the lot. He was not sure to
whom but noted Mr. Wong purchased the subject lot this year. Mr. Samuel Wong, property owner,
confirmed he purchased the property in May or June of 2024.
Ms. O’Flaherty stated the proposal makes sense with the other two-family and multi-family properties
nearby and thought it would be a good fit for the neighborhood.
Vice Chair McMahon commented the variance does not seem to be out of line compared to the other
buildings in the area on smaller lots. Ms. O’Flaherty agreed, noting there are several older, smaller
parcels in that area with two-family and multi-family buildings.
Mr. Becker stated the proposed apartments look nice, and Vice Chair McMahon stated it would create
additional property taxes for the City.
Mr. Becker inquired about the timeline of the project. Mr. Schermerhorn responded they are hoping
to complete the building by the summer of 2025.
Planning and Zoning Commission
December 2, 2024
Page 4 of 4
Vice Chair McMahon requested a motion on the special use permit. Mr. Becker moved that based
upon the submitted petition, testimony presented and findings of fact, the Planning and Zoning
Commission forward its findings of fact and recommend to the City Council approval of special use
permit for multi-family dwelling units to accommodate a 4-unit apartment building for the vacant
property located at 1015 Market St. per the site plan and building elevations dated 11-8-24 and
labeled as Exhibit A. Ms. Pena-Graham seconded the motion.
A roll call vote was taken: Becker – yes, O’Flaherty – yes, Pena-Graham – yes, Wright – yes,
McMahon – yes. Commission Chair Maxwell was absent. Motion passed 5-0-1.
Vice Chair McMahon requested a motion on the variance petition. Ms. Pena-Graham moved that
based on the submitted petition, testimony presented and findings of fact, the Planning and Zoning
Commission approve a variance from Article 5.14.05 of the Unified Development Ordinance to
reduce the minimum lot size from 14,000 sq. ft. to 13,500 sq. ft. to accommodate a 4-unit apartment
building as shown on the site plan dated 11-8-24 labeled as Exhibit A. Mr. O’Flaherty seconded the
motion.
A roll call vote was taken: Becker – yes, O’Flaherty – yes, Pena-Graham – yes, Wright – yes,
McMahon – yes. Commission Chair Maxwell was absent. Motion passed 5-0-1.
F. REPORTS
Planning Director Olson noted the next meeting (December 16th) would be at the library. There is one
item on the agenda, which is a special use permit for antennas on the cell tower at 1500 S. 7th Street
for AT&T Mobility. He also plans to share the FY2025 Community Development Budget which will be
approved by City Council at their next meeting. He added this will showcase the work the Commission
has done this year and will hopefully include before and after pictures of some of the smaller projects
they approved.
Mr. Olson added the City Council will approve the 2025 Schedule of Meetings on December 9th, and
once approved, he will have the schedule emailed out to the Commission.
Ms. Pena-Graham inquired about any potential replacements for previous Commission member
Shannon Stoker. Mr. Olson stated he has not heard of any yet and encouraged the Commission to
send any prospects to Mayor Barnes.
G. ADJOURNMENT
Vice Chair McMahon requested a motion to Adjourn. Mr. Wright motioned to adjourn, and Ms. Pena-
Graham seconded the motion. The meeting adjourned at 6:22 p.m.
Respectfully submitted,
___________________________
Olivia K. Doss, Recording Secretary
Minutes approved by the Planning and Zoning Commission on December 16, 2024.
Click here to view the agenda packet for the December 2, 2024 Planning and Zoning Commission
Meeting.
Click here to view the video recording of the December 2, 2024, Planning and Zoning Commission
Meeting.
Agenda
DEKALB PLANNING AND ZONING COMMISSION AGENDA
Monday, December 2, 2024
6:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak St.
DeKalb, IL 60115
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. APPROVAL OF MINUTES
1. November 18, 2024.
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
E. NEW BUSINESS
1. Public Hearing – A petition by Lazarus Rivera for approval of variances to the Unified Development
Ordinance to allow a 6-foot-high wood privacy fence in a portion of the frontage yard (side yard) along
Furrow St. for the property located at 499 Bantam St.
2. Public Hearing – A petition by Legend Restoration, represented by Bill Schermerhorn, for a special use
permit for multi-family dwelling units (4-unit apartment building) for the vacant property located at 1015
Market St. A variance is also requested from the Unified Development Ordinance to reduce the minimum
lot size from 14,000 sq. ft. to 13,500 sq. ft. for a 4-unit apartment building.
F. REPORTS
G. ADJOURNMENT
Assistive services, including hearing assistance devices, available upon request.
Planning and Zoning Commission
November 18, 2024
Page 1 of 3
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
November 18, 2024
The Planning and Zoning Commission held a meeting on November 18, 2024, in the Second Floor Training
Room at the DeKalb Police Department, 700 W. Lincoln Hwy., DeKalb, Illinois. Chair Maxwell called the
meeting to order at 6:00 PM.
A. ROLL CALL
Recording Secretary, Olivia Doss, called the roll. Planning and Zoning Commission members
present were: Chair Max Maxwell, Vice Chair Bill McMahon, Steve Becker, Maria Pena-Graham,
and Trixy O’Flaherty. Commission member Jerry Wright was absent.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Maxwell requested a motion to approve the November 18, 2024, agenda as presented. Ms.
O’Flaherty motioned to approve the agenda as presented. Vice Chair McMahon seconded the
motion, and the motion was approved by unanimous voice vote.
C. APPROVAL OF MINUTES
1. November 4, 2024 – Chair Maxwell requested a motion to approve the November 4, 2024,
minutes as presented. Mr. Becker motioned to approve the minutes as submitted. Vice Chair
McMahon seconded the motion, and the motion was approved by unanimous voice vote.
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None.
E. NEW BUSINESS
1. Public Hearing – A petition by Vanessa Carlos for approval of a variance to Article 7.04.6 of the
Unified Development Ordinance to allow the square footage of the accessory buildings on the subject
property to exceed the size of the principal structure (home) for the lot located at 250 E. Gurler Road.
Planning Director Dan Olson introduced the applicants, Vanessa Carlos and Miguel Carlos, who
were in the audience. Mr. Olson went through the Staff Report dated November 14, 2024.
Mr. Olson explained that since the accessory building’s square footage is larger than the principal
structure (home), the Unified Development Ordinance (UDO) requires a variance. Mr. Olson
noted on a typical 10,000 sq. ft. lot, it is usually not an issue with the principal structure much
larger than any accessory structure which might include a small 10’ x 12’ shed in the backyard.
An aerial image of the subject lot was shown on screen, with the accessory structure outlined.
He said there is an existing shed present on the property, and clarified the applicants are looking
to add an addition onto the existing shed.
Planning and Zoning Commission
November 18, 2024
Page 2 of 3
He noted the single-family residence is approximately 1,760 sq. ft and the existing accessory
structure is approximately 1,680 sq. ft. He clarified the existing accessory structure was there
prior to the subject lot being annexed into the City in 2010. Mr. Olson added the City forced
annexed the subject property along with several other lots at that time.
Mr. Olson further explained when the lot was annexed, it was automatically rezoned to Single
Family Residential. A picture of the principal structure and lot from Gurler Road was shown on
the screen. Mr. Olson noted a 19’ x 42’ (798 sq. ft.) addition onto the existing accessory structure
was started a few months ago without a permit and was caught by the City’s Building Department
who instructed the applicant to request a variance.
Planning Director Olson stated the City believes the variance request is valid. He mentioned
while they will be exceeding the size of the principal structure on the lot, there is plenty of green
space remaining on the property. He added large accessory buildings are typical on large, rural
lots like this. With the subject lot surrounded by the South Pointe Greens neighborhood which
contains many 10,000 sq. ft. lots, Park District property, St. Mary’s School, a tree service
business to the east and industrial uses to the north, the City does not foresee a negative impact
from the variance. Mr. Olson concluded by noting the staff recommends approving the variance.
No public comments were received in advance of the meeting, and no comments were made
during the meeting. Chair Maxwell closed the public hearing and opened it up to the Commission.
Commission member Becker stated since the accessory structure will not encroach on anyone
else, and the subject lot is surrounded by areas not being developed, at least in the short term,
he could not see any reason to deny the variance. Commission members O’Flaherty and Chair
Maxwell agreed.
Chair Maxwell requested a motion to approve. Mr. Becker moved based on the submitted
petition, testimony presented and findings of fact, I move that the Planning and Zoning
Commission approve a variance to Article 7.04.6 of the Unified Development Ordinance to allow
the square footage of the accessory buildings on the subject property to exceed the size of the
principal structure (home) for the lot located at 250 E. Gurler Road as shown on the site plan
labeled as Exhibit A of the staff report with the total square footage of the accessory structures
on the subject site not to exceed 2,600 sq. ft. Ms. Pena-Graham seconded the motion.
Mr. Olson noted he added an additional square footage allowance in the motion so the applicants
would not have to continually come back to the Commission.
A roll call vote was taken: Becker – yes, O’Flaherty – yes, Pena-Graham – yes, McMahon – yes,
Maxwell – yes. Commission Member Wright was absent. Motion passed 5-0-1.
F. REPORTS
Planning and Zoning Commission
November 18, 2024
Page 3 of 3
Planning Director Olson noted the next meeting (December 2nd) will be back at the library. He
stated a variance for a fence on a corner lot at 499 Bantam St. and a variance and special use
permit for a 4-unit apartment building at 1015 Market St. are on the agenda for that meeting.
He explained City Council approved the solar farm on Route 38 and Huber Parkway at their last
meeting, adding they appreciated the additional landscape requirement added for Route 38.
Mr. Becker asked if anything was planned for the December 16th meeting. Mr. Olson responded
there is a project in the works that will most likely end up on that agenda.
Mr. Olson concluded he believes City Council will approve the 2025 meeting schedule at their
first meeting in December. Once that has been approved, copies will be provided to the
Commission.
G. ADJOURNMENT
Chair Maxwell requested a motion to Adjourn. Ms. O’Flaherty motioned to adjourn, and Ms. Pena-
Graham seconded the motion. The meeting adjourned at 6:08 p.m.
Respectfully submitted,
___________________________
Olivia K. Doss, Recording Secretary
Minutes approved by the Planning and Zoning Commission on November 18, 2024.
Click here to view the agenda packet for the November 4, 2024 Planning and Zoning Commission
Meeting.
Click here to view the video recording of the November 4, 2024, Planning and Zoning
Commission Meeting.
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
November 27, 2024
TO: DeKalb Planning and Zoning Commission
FROM: Dan Olson, Planning Director
RE: Variance – 499 Bantam St. (Lazarus Rivera)
I. GENERAL INFORMATION
A. Purpose To construct a 6-foot-high privacy fence in a
portion of the front yard along Furrow St.
B. Location/Size 499 Bantam St./.27 acres
C. Petitioner Lazarus Rivera
D. Existing Zoning “PD-R”; Planned Development Residential
District
E. Existing Land Use Single-Family Home
F. Surrounding Zoning and Land Use North: “PD-R”; Single-Family Residential
South: “PD-R”; Single-Family Residential
East: “PD-R”; Vacant Lot
West: “A-1 – Agriculture” (Unincorporated)
G. Comprehensive Plan Designation Low Density Residential
II. BACKGROUND AND ANALYSIS
The City received a variance petition from Lazarus Rivera for approval of variances to
Articles 7.06.4.b and 7.06.6 of the Unified Development Ordinance (UDO) to allow a 6-
foot-high wood privacy fence in a portion of the frontage yard (side yard) along Furrow St.
for the property located at 499 Bantam St. The subject site is a corner lot facing Bantam
St. and Furrow St. in the Devonaire Farms Subdivision. The subject site is zoned “PD-R”
Planned Development Residential District and contains a new two-story home that was
completed in September of this year.
The UDO states that privacy fences in front of the front building line (home) cannot be
over three (3) feet in height. The proposed six (6) foot high wood privacy fence will run
from the southwest corner of the house diagonally to the 25-foot building setback line
along Furrow St. The fence will then go straight west to the rear property line. The owner
is proposing to install a four (4) foot high privacy fence along the rear yard to about 10
feet from the north property line. A six (6) foot high privacy fence will then extend back
east to the northeast corner of the home. The home is 12.5 feet from the 25-foot setback
line along Furrow St. The applicant states in their submittal they are making the variance
request in order to enclose their yard due to health reason of their son. In addition, the
applicant notes they have two small dogs that assist their son with outside activities.
There is not a lot or home to the west of the subject site, so there is no chance to block
the view of an adjoining home. The footprint of the new homes by Ryan Homes in
Devonaire Farms are smaller than many of the homes already in the subdivision. The
footprint of the home on the subject site is about 1,055 sq. ft. The footprint of the home at
1806 Furrow St. (2-story) is approximately 2,100 sq. ft. and the home at 1798 Furrow St.
(ranch) has a footprint of about 3,000 sq. ft. The smaller footprint led to the home not
being built up the building setback along Furrow St. therefore leaving adequate open
space along the yard along Furrow. A six (6) foot high privacy fence up to the 25-foot
building line along Furrow St. would be less of an impact than a new home being
constructed up to the building line.
III. FINDINGS OF FACT FOR VARIATIONS
The request has been reviewed using the criteria regarding variances stated in Article 18,
Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows:
1. The property in question cannot yield a reasonable return if permitted to be
used only under the conditions allowed by the regulations of that district.
The subject lot is zoned “PD-R” Planned Development Residential District. The UDO
states that privacy fences in front of the front building line (home) cannot be over three
(3) feet in height. The subject lot is a corner lot facing Bantam St. and Furrow St. The
location where the applicant can place a six (6) foot high privacy fence, under current City
regulations, hinders their ability to enjoy the privacy and safety of their full yard.
Page |2
2. The extraordinary or exceptional conditions of the property, requiring the
request for the variance, were not caused by the applicant.
The subject lot is .27 acres (11,979 sq. ft.) and has existed since 2004 when the
subdivision plat for Devonaire Farms was recorded. The applicant purchased the home
in September 2024. The size and shape of the property, layout of the home on the site
and resulting variance request were not caused by the applicant.
3. The proposed variance will alleviate a peculiar, exceptional, or undue
hardship, as distinguished from a mere inconvenience or pecuniary hardship.
The subject lot is a corner lot facing Bantam St. and Furrow St. The location where the
applicant can place a six (6) foot high privacy fence, under current City regulations,
hinders their ability to enjoy the privacy and safety of their full yard.
There is not a lot or home to the west of the subject site, so there is no chance to block
the view of an adjoining home. The footprint of the new homes by Ryan Homes in
Devonaire Farms are smaller than many of the homes already in the subdivision. The
smaller footprint led to the home not being built up the building setback along Furrow St.
therefore leaving adequate open space along the yard along Furrow. A six (6) foot high
privacy fence up to the 25-foot building line along Furrow St. would be less of an impact
than a new home being constructed up to the building line.
4. The denial of the proposed variance will deprive the applicant of the use of
his/her property in a manner equivalent to the use permitted to be made by the
owners of property in the immediate area.
The location where the applicant can place a six (6) foot high privacy fence, under current
City regulations, hinders their ability to enjoy the privacy and safety of their full yard. The
home is 12.5 feet from the 25-foot setback line along Furrow St. The proposed fence will
go up the 25-foot building setbacks line along Furrow St. There is adequate open space
along the yard along Furrow St. and will be similar to other corner lots in the subdivision.
5. The proposed variance will result in a structure that is appropriate to and
compatible with the character and scale of structures in the area in which the
variance is being requested.
The proposed six (6) foot-high privacy fence will be appropriate to and compatible with
the character and scale of structures in the area in which the variance is being requested.
There is not a lot or home to the west of the subject site, so there is no chance to block
the view of an adjoining home.
6. The proposed variation will not impair an adequate supply of light and air to
adjacent property; unreasonably increase the congestion in public streets,
increase the danger of fire or endanger the public safety, unreasonably diminish
or impair established property values within the surrounding area or in any other
Page |3
respect impair the public health, safety, comfort, morals, or welfare of the
inhabitants of the City of DeKalb.
The proposed fence will not impair an adequate supply of light and air to adjacent
properties. Furthermore, it will not impair the public health and safety and will not have a
negative impact on the surrounding neighborhood and will not impede traffic or cause any
safety issues.
IV. PUBLIC INPUT
As of the posting of the agenda on November 27, the City did not receive any written
comments from the public.
V. RECOMMENDATION
Per the UDO, decisions to approve or deny variances lie solely with the Planning and
Zoning Commission. The staff supports the request, and a sample motion is provided
below.
Sample Variation Motion:
Based on the submitted petition, testimony presented and findings of fact, I move that the
Planning and Zoning Commission approve a variance to Articles 7.06.4.b and 7.06.6 of
the Unified Development Ordinance to allow a 6-foot-high wood privacy fence in a portion
of the frontage yard (side yard) along Furrow St. for the property located at 499 Bantam
St. as shown on the site plan labeled as Exhibit A of the staff report dated November 27,
2024.
Page |4
EXHIBIT A
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, December 2, 2024, at 6:00 p.m. in the Yusunas
Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL on the petition by Lazarus
Rivera for approval of variances to Articles 7.06.4.b and 7.06.6 of the Unified Development
Ordinance to allow a 6-foot-high privacy fence in a portion of the frontage yard (side yard) along
Furrow St. for the property located at 499 Bantam St. The subject site has a Parcel Identification
Number of 08-21-356-008 and is zoned “PD-R” Planned Development - Residential District.
All interested persons are invited to appear and be heard at the time and place listed above.
Interested persons are also encouraged to submit written comments on the proposal to the City of
DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115
by 12:00 p.m. on Monday, December 2, 2024, 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
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
November 27, 2024
TO: DeKalb Planning and Zoning Commission
FROM: Dan Olson, Planning Director
RE: 1015 Market St - Special Use Permit and Variance for a 4-unit apartment
building (Legend Restoration)
I. GENERAL INFORMATION
A. Purpose Construction of a 4-unit apartment building on
a vacant lot.
B. Location/Size 1015 Market St./.31 acres
C. Petitioner Legend Restoration, represented by Bill
Schermerhorn
D. Existing Zoning “RC-1” Residential Conservation District
E. Existing Land Use Vacant
F. Surrounding Zoning and Land Use North: “RC-1”; Single-Family and Two-
Family Residential
South: “LI”; Commercial, Industrial
East: “RC-1”; Single-Family Residential
West: “RC-1 and “GC”, Two- Family
Residential, Commercial
G. Comprehensive Plan Designation Medium Density Residential
II. BACKGROUND AND ANALYSIS
The Department received a special use application from Samuel Wong who would like to
construct a 4-unit apartment building on the vacant lot at 1015 Market St. Legend
Restoration, represented by Bill Schermerhorn, is the petitioner. The site is zoned RC-1
Residential Conservation District, and a multi-family dwelling unit requires a special use
permit in that district. A variance is also requested from Article 5.14.05 of the Unified
Development Ordinance (UDO) in relation to the minimum lot size requirement.
The subject lot is .31 acres and once contained a home and small commercial building.
Both structures were demolished in 2017 by the City. The current owner, Samuel Wong,
purchased the property this past June. The proposed apartment building will be two-
stories with two units on the ground floor and two units on the second floor. Each of the
four units will contain two bedrooms. All building and parking setbacks will be met. A total
of nine (9) parking spaces will be provided at the rear of the property, which will
accommodate the four (4) dwelling units. Access to the parking spaces will be from an
alley that runs between N. 10th St. and N. 11th St.
The 2022 Comprehensive Plan designates the site as Medium Density Residential, which
is 4-8 dwelling units per acre. The proposed project will be 12.9 du/ac. The Plan notes
the Medium Density Residential category is, in part, for small (8 units or fewer) multi-
family developments. The surrounding area is developed with a variety of uses of
including, single-family, two-family and multi-family residential as well as commercial and
industrial uses. The proposed building will occupy a vacant lot, provide additional housing,
add value to the neighborhood and will increase the property tax base.
Variance
The applicant also seeks a variance regarding the minimum lot size. In the RC-1 District
the UDO requires 3,500 sq. ft. of lot area per dwelling unit, which would result in a
minimum required lot area of 14,000 sq. ft. for four (4) units. The subject lot is 13,500 sq.
ft. (90’ x 150’). The site plan shows all the building setbacks being met as well as the
required parking. The surrounding neighborhood consist of a variety of uses of including,
single-family, two-family and multi-family residential as well as commercial and industrial
uses. Within a block of the subject site, there are lots that do not meet the minimum lot
area including 1003 Market St. which contains two dwelling units (7,000 sq. ft. lot required)
and is only 4,565 sq. ft. 1014 State St. also has two dwelling units (7,000 sq. ft. lot
required) but is only 6,027 sq. ft. Finally, 1103 Market St. has three dwelling units (10,500
sq. ft. lot required), and only 3,511 sq. ft. in lot size.
III. STANDARDS OF A SPECIAL USE
1. The proposed special use complies with all provisions of the applicable
district regulations.
The proposed special will comply with all regulations of the “RC-1” Residential
Page |2
Conservation District and the Unified Development Ordinance (UDO), except the
minimum lot area. The applicant has applied for a variance for the minimum lot area.
2. The proposed special use will not be unreasonably detrimental to the value
of other property in the neighborhood in which it is to be located or to the public
welfare at large.
The proposed special use will not have a detrimental effect on the adjacent properties or
land uses. The site has been zoned “RC-1” Residential Conservation District since 2007,
when the District was created. The subject lot previously contained a home and small
commercial building, which were demolished in 2017. There is a mix of land uses in the
surrounding neighborhood including, single-family, two-family and multi-family residential
as well as commercial and industrial uses.
3. The location and size of the special use, the nature and intensity of the
operation involved in or conducted in connection with it, and the location of the
site with respect to streets giving access to it are such that the special use will not
dominate the immediate neighborhood so as to prevent development and use of
neighboring property in accordance with the applicable zoning district regulations.
The granting of the special use will not dominate the immediate area and will not prevent
development on the neighboring properties. The surrounding area is already developed
with a variety of uses of including, single-family, two-family and multi-family residential as
well as commercial and industrial uses. The proposed special will operate in a manner
that is not detrimental to the surrounding neighborhood.
4. Adequate utility, drainage and other such necessary facilities have been or
will be provided.
Adequate public services and utilities are already provided to the subject site. Parking
spaces accommodating the four (4) apartment units will be located at the rear of the
property.
5. The proposed use, where such developments and uses are deemed
consistent with good planning practice, or can be operated in a manner that is not
detrimental to the permitted developments and uses in the district; can be
developed and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; shall in all other respects conform to the applicable
regulations of the district in which it is located; and is deemed essential or
desirable to preserve and promote the public health, safety and general welfare of
the City of DeKalb.
The proposed special use will not be detrimental to the permitted developments and uses
in the surrounding area. The neighborhood includes single-family, two-family and multi-
family dwelling units. In addition, there are commercial and industrial uses in the adjacent
area. The proposed building will occupy a vacant lot, provide additional housing, add
value to the neighborhood and will increase the property tax base.
Page |3
IV. FINDINGS OF FACT FOR VARIATIONS
The request has been reviewed using the criteria regarding variances stated in Article 18,
Section 18.03.03 of the UDO, titled “Findings of Fact,” as follows:
1. The property in question cannot yield a reasonable return if permitted to be
used only under the conditions allowed by the regulations of that district.
In the RC-1 District the UDO requires 3,500 sq. ft. of lot area per dwelling unit, which
would result in a minimum lot area of 14,000 sq. ft. The subject lot is 13,500 sq. ft. (90’ x
150”). Within a block of the subject site, there are lots that do not meet the minimum lot
area. Four dwelling units are needed to make the project viable.
2. The extraordinary or exceptional conditions of the property, requiring the
request for the variance, were not caused by the applicant.
The property owner purchased the subject site in June of 2024. The lot was established
in 1856. The applicant did not cause the extraordinary or exceptional conditions of the
subject property.
3. The proposed variance will alleviate a peculiar, exceptional, or undue
hardship, as distinguished from a mere inconvenience or pecuniary hardship.
In the RC-1 District the UDO requires 3,500 sq. ft. of lot area per dwelling unit, which
would result in a minimum required lot area of 14,000 sq. ft. for four (4) units. The subject
property is 13,500 sq. ft. (90’ x 150’), just 500 sq. ft. less than the required lot area. The
site plan shows all the building and parking setbacks being met as well as the required
number of parking spaces.
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.
Within a block of the subject site, there are lots that do not meet the minimum lot area
including 1003 Market St. which contains two dwelling units (7,000 sq. ft. lot required) and
is only 4,565 sq. ft. 1014 State St. also has two dwelling units (7,000 sq. ft. lot required)
but is only 6,027 sq. ft. Finally, 1103 Market St. has three dwelling units (10,500 sq. ft. lot
required), and only 3,511 sq. ft. in lot size.
5. The proposed variance will result in a structure that is appropriate to and
compatible with the character and scale of structures in the area in which the
variance is being requested.
The site has been zoned “RC-1” Residential Conservation District since 2007. There is a
mix of land uses in the surrounding neighborhood including, single-family, two-family and
multi-family residential as well as commercial and industrial uses. The proposed variance
Page |4
will result in a structure that is appropriate to and compatible with the character and scale
of structures.
6. The proposed variation will not impair an adequate supply of light and air to
adjacent property; unreasonably increase the congestion in public streets,
increase the danger of fire or endanger the public safety, unreasonably diminish
or impair established property values within the surrounding area or in any other
respect impair the public health, safety, comfort, morals, or welfare of the
inhabitants of the City of DeKalb.
The construction of the apartment building will not impair an adequate supply of light and
air to adjacent properties. All building setbacks are being met. Furthermore, the proposed
building will not impair the public health and safety and will not have a negative impact on
the surrounding neighborhood. The proposed building will occupy a vacant lot, provide
additional housing, add value to the neighborhood and will increase the property tax base.
V. CITIZEN RESPONSE/COMMENTS
As of the posting of the agenda on November 27th, the City did not receive any written
comments.
VI. RECOMMENDATION
Two separate motions are required since the special use is a recommendation, and the
variance is a decision by the Commission. Two sample motions are provided below for
the Commission’s consideration.
Sample Motion – Special Use Permit:
Based upon the submitted petition, testimony presented and findings of fact, I move the
Planning and Zoning Commission forward its findings of fact and recommend to the City
Council approval of special use permit for multi-family dwelling units to accommodate a
4-unit apartment building for the vacant property located at 1015 Market St. per the site
plan and building elevations dated 11-8-24 and labeled as Exhibit A.
Sample Motion – Variance:
Based on the submitted petition, testimony presented and findings of fact, I move the
Planning and Zoning Commission approve a variance from Article 5.14.05 of the Unified
Development Ordinance to reduce the minimum lot size from 14,000 sq. ft. to 13,500 sq.
ft. to accommodate a 4-unit apartment building as shown on the site plan dated 11-8-24
labeled as Exhibit A.
Page |5
EXHIBIT A
EXHIBIT A
1 SOUTH ELEVATION
A1 SCALE: 1/4" = 1'-0"
2
A1
EAST ELEVATION
SCALE: 1/4" = 1'-0"
A1
1 NORTH ELEVATION
A2 SCALE: 1/4" = 1'-0"
2
A2
WEST ELEVATION
SCALE: 1/4" = 1'-0"
A2
BEDROOM-1
BEDROOM-1
ELEC..
BATH BATH
CLOS.
BATH BATH
CLOS.
STOR.
KITCHEN LIVING ROOM LIVING ROOM KITCHEN
DINING DINING
1 FIRST FLOOR PLAN
A3 SCALE: 1/4" = 1'-0"
A3
ROOF
BELOW
BEDROOM-1
BEDROOM-1
BATH BATH
CLOS.
BATH BATH
CLOS.
KITCHEN LIVING ROOM LIVING ROOM KITCHEN
DINING DINING
ROOF
BELOW
1 SECOND FLOOR PLAN
A4 SCALE: 1/4" = 1'-0"
A3
BEDROOM-1
BEDROOM-1
ELEC..
BATH BATH
CLOS.
BATH BATH
CLOS.
STOR.
KITCHEN LIVING ROOM LIVING ROOM KITCHEN
DINING DINING
1 FIRST FLOOR PLAN
A3 SCALE: 1/4" = 1'-0"
A3
ROOF
BELOW
BEDROOM-1
BEDROOM-1
BATH BATH
CLOS.
BATH BATH
CLOS.
KITCHEN LIVING ROOM LIVING ROOM KITCHEN
DINING DINING
ROOF
BELOW
1 SECOND FLOOR PLAN
A4 SCALE: 1/4" = 1'-0"
A3
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, December 2, 2024, at 6:00 p.m. in the Yusunas
Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by Legend
Restoration, represented by Bill Schermerhorn, for a special use permit for multi-family dwelling
units (4-unit apartment building) for the vacant property located at 1015 Market St. and legally
described below. A variance is also requested from Article 5.14.05 of the Unified Development
Ordinance to reduce the minimum lot size from 14,000 sq. ft. to 13,500 sq. ft for a 4-unit apartment
building. The subject site has a Parcel Identification Number of 08-23-256-011 and is zoned “RC-
1” Residential Conservation District.
Legal Description
Lot 8 and the West Half of Lot 9 in Block 10 of Gilson’s Addition to the Original Village (now
City) of DeKalb, situated in the County of DeKalb and the State of Illinois.
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, December 2, 2024, 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