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Board approves preliminary and final plat for Ernie’s resubdivision to create separate south parcel
Summary
Trustees approved Resolution 2026-009 to create a new parcel south of 909 S. Milwaukee to allow sale and separate operation of a truck-parking area; staff said the truck parking is a legal nonconforming use and must comply with access easement and discontinuation rules.
The Village Board voted Feb. 17 to approve Resolution 2026-009, which authorizes the preliminary and final plat of Ernie's resubdivision and creates a separate parcel south of 909 S. Milwaukee Ave.
Director Jennings told the board the subdivision would allow the current owner to separate the truck-parking area to facilitate a different operator while preserving existing legal nonconforming uses. "As the current owner of the entire parcel, Ernie's is able to grant an easement as part of the subdivision to provide access to the south parcel," Jennings said, and staff explained the zoning code limits improvements on a legal nonconforming parcel and that use continuity must be maintained to avoid discontinuation penalties.
The Planning and Zoning Commission reviewed the request on Feb. 11 and had no significant concerns after evaluating site access. Staff highlighted that any new party interested in the parcel must accept B-1 district restrictions and that truck parking may continue only as a legal nonconforming use unless discontinued for six months or more.
A motion to adopt the resolution passed by roll call with all trustees voting aye. Staff noted standard conditions and easement language will be included in final documents and that the village will ensure recorded agreements document maintenance and access arrangements.
