Kane County panel approves one-year extension, orders willow-tree removal at Boyer Road construction site

The Kane County Development Committee voted 4–1 to grant the owner of 19N 310 Boyer Road a limited, one-year interim special-use permit to continue operating a small construction business — but only after the petitioner agreed to technical fixes and the committee amended staff conditions to require the removal of a willow tree located roughly 12–13 feet from a county drain tile.

Natalie Z., a county planner who presented petition 4671, told the committee that the site’s original interim special use was approved in 2017 and lapsed in February 2022. Since then, staff said, the property has operated without a renewed permit and water-resources reviews found stormwater compliance problems: a recent survey showed the detention basin now holds 0.654 acre‑feet versus the as‑built 0.684 acre‑feet, a shortfall staff says indicates fill must be removed and the basin restored. Water Resources and county staff recommended a set of stipulations, including updated as‑built drawings, a recorded drainage easement and a maintenance plan signed by a licensed Illinois professional engineer, all due April 30, 2026.

“We are committed to relocating the business,” petitioner Patricia Carowski said, but added relocation will take time and she has supplied the county with properties that may offer solutions. “I would love, you know, want to comply with what their requirements are,” Carowski said.

Neighbors urged the committee to deny or sharply limit an extension, saying past work around the site damaged drain tiles and produced prolonged flooding. “This flood lasted seven years … we could not use the back three acres,” resident Sue Tritoria told the committee, describing repeated inundation and tree loss she attributes to earlier road and drainage work.

Committee debate centered on two changes: clarifying which tree must be removed and shortening the requested multi‑year extension. Dr. Ball moved to amend the staff stipulations to identify the nonconforming tree as the willow located approximately 12–13 feet from the existing drain tile and to limit any extension to one year. The committee adopted the amendments and then approved the petition as amended; the clerk recorded the result as a 4–1 passage.

The approved package of conditions retains technical requirements from Water Resources and the Health Department (including protection of wells/septic fields and an engineering‑signed maintenance plan). Staff told the committee the applicant must restore the detention volume, submit signed and sealed drawings and record drainage easements with Kane County by April 30, 2026, or otherwise be out of compliance.

Committee member Linder emphasized enforcement concerns in the debate, saying the record showed prior failures to comply: “I don’t see that we should be extending this,” he said during discussion, pressing staff that the committee should work with the property owner to relocate stored equipment rather than simply grant a lengthy extension.

What’s next: The petition was approved with the amended stipulations and a one‑year time limit. Staff will monitor compliance with the April 30, 2026 engineering and restoration deadlines; failure to meet those conditions would nullify the interim authorization and expose the site to enforcement action.

Authorities, actions and clarifying details are included in the report below.