Cook County News Herald

County commissioner opposes conditional use permit

“ I think there’s a lot of missing pieces in this ”


Two of three conditional use permits (CUPs) approved last month by the Cook County Planning Commission were a shoo-in at the county board meeting December 1, 2009, but one received scrutiny from one county commissioner.

Tony Everson proposed extracting up to 1,100 cubic yards of gravel from his property on the west, unpaved portion of South Shore Drive at Devil’s Track Lake. The gravel would be laid on the 1.95 miles of gravel road that lead to eight private parcels adjacent to state and federal land.

A document submitted to the board stated that the road surface “has deteriorated to the point that it is almost impassable after rainfall and difficult for private property owners to safely access their property. …The U.S.F.S. [Forest Service] identified a portion of this area as having moderate to high fuel hazard and related risk in the event of wildfire.”

The private property owners along this section of road created an informal road association to improve and maintain the road. They have completed some improvements to the road but are requesting financial assistance from the Firewise program, which would require a match of 50%. Everson is willing to provide that match in the form of material, labor, and equipment worth $7,280. He said he would attempt to use available state and federal gravel as much as possible.

“I think there’s a lot of missing pieces in this,” said Commissioner Jim Johnson after Planning & Zoning Administrator Bill Lane outlined the conditional use permit application. The Planning Commission’s recommendation to the county board referred to a previous wetland violation by Everson: “Road construction initiated by the applicant in 2006 resulted in the unpermitted impacts to approximately 11,500 square feet of wetlands. These impacts are currently in the process of being corrected and/or mitigated as per the Wetland Conservation Act.”

The Planning Commission included 13 conditions to its approval of the permit, including a specific map of the area to be excavated, an approved storm water plan, a 50-foot setback from wetlands or waterways, a hazardous materials spill plan, possession of any other necessary permits, state and federal agency approval, site restoration, and prohibition of washing or crushing operations, hazardous substance storage, and modification of the roadway through previously impacted wetlands.

Commissioner Johnson said he had looked at the property and thinks it is nearer wetland than Everson says it is. He wanted Planning & Zoning staff to visit the site before the county board approved the permit application. Planning & Zoning has been there about “100 times” already, Everson countered. Lane said the 13 conditions would keep Everson from committing any of the violations Johnson was concerned about.

Theboard should not approve the permit if required conditions have not been met ahead of time, Johnson said.

The board doesn’t usually require conditions to be met before a permit is approved, Commissioner Bruce Martinson said.

“Tony’s had problems before,” Johnson said. To cover potential liability on the part of either Everson or the county, he said, “we have to make sure he gets things right.”

Johnson said he wanted to know what would be done with the trees on the property. Thearea has already been logged, Everson said. He plans to use what’s left on the ground for firewood.

Commissioner Johnson made a motion to send the application back to the Planning Commission for review. His motion died for lack of a second.

Commissioner Jan Hall made a motion to approve the application with the conditions outlined by the Planning Commission if the detailed map were provided up front. Commissioner Bob Fenwick seconded the motion, and it passed by 4-1 vote, with Commissioner Johnson casting the nay vote.

Home business request

Without dissent, the board approved a request from Michael Valentini to operate a home business within the lakeshore residential zone district along the Sea Gull River. Valentini established a wildfire suppression business on his property in 2006 and requested the CUP to conform to county zoning ordinances.

On the property, Valentini stores business supplies and has up to three employees preparing materials for installation on other properties throughout the county.

The Planning Commission’s recommendation to the county board states, “The home business component of this application fits within the economic plan identified by the Land Use Guide Plan, and given home business limitations (number of employees, types of activities), should not adversely affect the neighborhood. Given the county’s recent history with wildfire, a sprinkler suppression operation should be considered beneficial to the community.”

Existing CUP amendment

The board also unanimously approved amendment of an existing conditional use permit to Dennis Rysdahl for Tofte Homestead Planned Unit Development (PUD) No. 1 in Tofte. Theamendment was requested in order to reflect resolution of boundary issues with neighboring properties that had arisen during previous property transfers.


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