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Residents ask Lee County Finance Committee to deny variance for 763 Forest Park Drive
Summary
Speakers representing nearby property owners told the finance committee they oppose a variance request for 763 Forest Park Drive, arguing the petitioner did not meet Illinois legal standards for hardship and that restrictive covenants also bar the addition.
Courtney Kennedy, speaking on behalf of Steven and Tamara Reuter, told the Lee County Finance Committee that she and her clients oppose a petition for a variance filed by Jeff Lewis regarding property at 763 Forest Park Drive in Dixon.
Kennedy said Lewis poured a concrete pad that encroaches on the Reuters’ property and later sought a building permit and a variance for setback requirements. She told the committee the property lies within Forest Park Subdivision Number 4 and is subject to restrictive covenants that prevent the proposed addition. "Illinois law is pretty clear. It can't be a mere convenience to the petitioner for the variance request. It has to be some practical or hardship that that landowner faces, and we didn't think that he met that burden of proof," Kennedy said.
Committee members asked a few clarifying questions about the zoning board of appeals (ZBA) action. Kennedy said the ZBA hearing concluded with a 2–2 vote and that the ZBA made a finding that the request appeared to be one of convenience, not hardship. She said, based on that finding, "it would be in violation of Illinois law to go ahead and grant that once you make a finding that it is out of convenience." No formal vote on the variance occurred during the finance committee meeting; Kennedy said she was available to answer questions and requested denial of the petition.
The committee encouraged members to review the ZBA minutes. No formal action or vote on the variance was recorded at the finance committee meeting; the item will be considered by the county board with the ZBA recommendation in the record.
Ending: The committee did not act on the variance during this meeting. The petition for 763 Forest Park Drive will proceed to the county board with the ZBA record and the statements made by nearby property representatives captured in the minutes.
