The Fulton County Zoning Board of Appeals Minutes
Fulton County Board Office, 257 W Lincoln Street, Lewistown, IL.
Phone: Janice Emmons at (309) 547-0902
Committee: Zoning Board of Appeals
Meeting Place: Fulton County Board Office, 257 W Lincoln Street, Lewistown, IL.
Date: Wednesday, July 5, 2023
- Call to Order
Bob Ackerman (present/xxxxxx)
Sally Jo Clark (present/xxxxxx)
Cathy Eathington (present/xxxxxx)
Mat Fletcher (present/xxxxxx) by phone
Jayson Herrick (present/xxxxxx)
Bill Phillips (present/xxxxxx)
Damon Roberson (present/xxxxxx)
FULTON COUNTY BOARD MEMBERS: None
ELECTED & APPOINTED OFFICICALS: Janice Emmons Zoning Director, Julie Russell – Supervisor of Assessment, Justin Jochums – States Attorney
GUEST(S): Matt Adas – ARC Design Resources
- Roll Call/Quorum
Roll Call was taken, quorum present
- Additions, Deletions, Corrections to the Agenda
Member Roberson moved to approve the agenda with a second by Member Clark. Motion carried by voice vote with all voting ayes.
- Approval of Minutes – June 28, 2023 – No Minutes
- Public Remarks — None
- New Business–Continuation
Discussion/Action: PUBLIC HEARING TO REZONE PART OF PARCEL #01-01-30-200-001 ASSOCIATED WITH DOLLAR GENERAL STORE AVON FROM AGRICULTURAL/CONSERVATION (AC) TO BUSINESS (B)
Chairman Phillips swore Matt Adas into the ZBA meeting.
Chairman Phillips inquired with Adas if the deed has been recorded at the Fulton County Courthouse.
The requirements have been met for rezoning from AC to B.
Chairman Phillips stated the finding of fact is that the rezoning will not be a detriment to public health, safety, morals, comfort, or general welfare of the environment. The rezoning will not diminish the property in the neighborhood. Adequate utilities and access roads, drainage, access roads and other necessary facilities have been provided. Adequate measures have been taken to prevent ingress and egress as to minimize traffic to the public streets. The rezoning and effects have conformed to all the regulations of the district in which the Dollar General is located. The other finding of fact is there is a public necessity for the rezoning. The store is needed in Avon, as it saves the citizens from driving long distances to access supplies.
State’s Attorney Jochums noted that he had been sent a report on the building from the Health Department. Chairman Phillips read some findings and corrective action recommendations from the pre-opening inspection report. Jochums discussed that the Health Department is good about notifying him if findings are not corrected, so he reasoned that all items had been addressed prior to opening.
Additional discussion centered on the lease term that Dollar General has on the property, which should be at least 10 years. Another item discussed were the building codes, and since there isn’t a County building inspector, members questioned who ensured that the construction was done properly. Matt Adas confirmed that Dollar General employs an area construction manager who ensures punchlist items are met, and a licensed architect had prepared the building plans.
Chairman Phillips asked for motion to record the finding of facts. Member Roberson moved to record the finding of facts, with a second from Member Ackerman. Motion carried by voice vote with all voting aye.
Due to the acceptance of the finding of facts, Chairman Phillips asked for a motion for the ZBA to recommend that the Fulton County Board approve the rezoing as requested by Dollar General. Member Ackerman moved to recommend that the Fulton County Board approve the rezoning, with a second from Member Herrick. Member Fletcher questioned if the approval was subject to any conditions. Chairman Phillips stated there were no conditions to the rezoning.
Motion carried by roll call vote with Member Eathington abstaining (6-0-1).
Chairman Phillips discussed ideas on what remedies the Fulton County State’s Attorney should pursue against Dollar General for the additional time and money that Fulton County employees have spent in trying to resolve this matter. Discussion was had that additional work had been done by the County Clerk’s office, Assessment office, Zoning office and the Zoning Board of Appeals. Further discussion revolved around intent; if Dollar General knowingly and maliciously proceeded into construction without going through the proper channels, then members may be more in favor of proceeding with penalties. If intent was much less discernable, then perhaps penalties would be less favored. Chairman Phillips discussed that the situation is complicated and that regardless of intent, County offices spent a lot of time trying to rectify the situation.
Chairman Phillips called for a motion for a suggestion to be made by the ZBA that the State’s Attorney should follow up on this matter and pursue the best interests of Fulton County. Member Roberson made that motion, with a second from Member Eathington. Member Roberson discussed if any actions should be pursued against the Avon Village Board, who issued the permit for property outside of their jurisdiction. Member Eathington discussed that the permit was issued by the Village for one location, and when the building site was later changed, the original permit was still used. Chairman Phillips discussed the numerous complications involved and that was the reason for the recommendation for the State’s Attorney to sort out the details for the best interests of the County.
Motion carried by voice vote with all voting aye.
- Old Business – None
- Other – None
- Executive Session – None
Member Roberson moved to adjourn the meeting at 4:50pm, with a second by Member Ackerman. Motion carried by voice vote with all voting aye.