Lee County ZBA recommends denial of variance for Forest Park Drive accessory building after tied vote

The Lee County Zoning Board of Appeals on Feb. 6 reviewed a petition from property owner Jeffrey A. Lewis seeking a variance from the county bulk regulations to add a protective structure near his garage at 763 Forest Park Drive in Dixon Township.

Board staff described constraints on the parcel, including a FEMA-designated floodway and an on-site septic system that limit buildable area. Alice Nicole, a staff member of the Lee County Zoning Office, told the board that “projects located in FEMA floodways must either complete a no rise certificate... or go through the conditional letter of map revision process,” and that the hydraulic and hydrologic study used to support a no-rise certification can cost about $10,000 and that the IDNR map-revision process can take up to a year.

Lewis, sworn to give testimony, said he wanted “to put some sort of protective structure over personal assets, whether it’s a boat, a trailer, a car, a vehicle,” and described repeated damage to his property from fallen trees and debris on adjacent land. He said he had poured a concrete pad in 2024 and that a small portion of that pad—about 2 5/8 inches across a 14-inch section—encroached onto the neighbor’s land and would be cut back when weather permits.

Courtney Kennedy, an attorney representing adjacent property owners Steve and Tamara Reuter, opposed the variance. She told the board, “It is our position that Mr. Lewis has not demonstrated that the topography presents an unbearable burden that prevents the reasonable use of his property,” adding the Reuter family believes the request is a matter of convenience rather than necessity and that restrictive covenants apply to the subdivision.

The board ran through the required findings of fact and debated whether the applicant had shown a demonstrable hardship or only convenience. Board members repeatedly voted on individual findings (traffic, utilities, public welfare, effects on surrounding properties, environmental concerns and others). On the final recommendation to the County Board the board’s vote resulted in a tie; by ordinance procedure the Zoning Board recorded that it would forward the petition to the Lee County Board with a recommendation to deny because the board was evenly split.

Although the Zoning Board’s recommendation was to deny, members also identified conditions they would propose should the County Board elect to grant a variance. Those conditions included that any permitted structure must be set one foot from the property line, that the concrete encroachment be cut back to that setback, and that the petitioner comply with any subdivision covenants and restrictions that apply to the property.

The County Board will hear the petition and the Zoning Board’s recommendation at its next meeting on Feb. 20; the Zoning Board noted the County Board has final authority to grant or deny the variance.

Ending: The Zoning Board’s packet included FEMA FIRM excerpts, a staff-recommended finding-of-fact worksheet and photos of the parcel showing the house, garage, septic location and the portion of lawn in the mapped floodway. The petitioner and neighbors were directed to the County Board hearing for the final decision.