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Commissioners Approve Relief From Groundwater and Road Standards for Schmidt Creek Family Division
Summary
Court approved request allowing a family division plat on Schmidt Creek to create six tracts averaging 12.75 acres and granted relief from groundwater availability report and full subdivision road-construction standards; motion passed 5-0.
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Kendall County commissioners on March 11 approved a developer’s request for relief from two elements of the county’s development rules to allow a family-division plat on Schmidt Creek.
The action: The court approved a request to waive the county’s requirement for a separate groundwater-availability report (GAR) and to allow a private road (Schmidt Creek) constructed to fire-code standards rather than full subdivision road-construction standards. The plat as revised would create six tracts on approximately 76.5 acres (average density 12.75 acres); the applicant removed a 17.7-acre tract from the earlier submittal, reducing the proposed division from roughly 94 acres to 76.5 acres during the packet revision.
County engineer Mary Ellen (county engineer) explained the revision and the reason for the relief request: several of the lots were previously created by affidavit of land-location and some already have wells. She noted the site has existing wells and nearby wells that historically produced 10–20 gallons per minute. "The number of lots are increasing from 4 to 6," she said in presenting the revised exhibit.
Why it matters: The relief removes two regulatory hurdles for a family-division plat in a largely rural area while requiring private-road improvements to meet fire-code load standards. Commissioners discussed road-width, load-bearing requirements (75,000 pounds for fire access), and that two lots have existing wells while additional lots will require new wells. Well depths listed in backup ranged roughly from 250 to 550 feet.
Vote and implementation: Commissioner Carpenter moved approval; Commissioner Chapman seconded. The court recorded a 5-0 vote to grant the relief. The county will require road upgrades per the fire marshal’s standards and coordination on any needed well-permitting or water availability documentation for new wells.
Ending: Staff said they will ensure the private road is built to the required load-bearing standard and that the developer coordinates with the fire marshal’s office on specifications before final plat acceptance.

