Meeting Place: Fulton County Board Office, 257 W. Lincoln St., Lewistown, IL 61542
Time: 5:00pm
Date: November 20th, 2024
1. Call To Order
Meeting called to order at 5:00pm by Chairman Phillips
2. Roll Call
Bob Ackerman – Present Sally Jo Clark – Present Cathy Eathington – Present
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips – Present
Damon Roberson –Present
Fulton County Board Members:
Elected & Appointed Officials: Kim Mayberry, Zoning Enforcement Officer
Guest(s):
3. Call for Additions/Deletions to and Approval of Agenda – No Change
Motion to Approve: Roberson
Second: Clark
VOICE VOTE: All Ayes – Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
4. Approval of Previous Minutes – September 17th, October 2nd, and October 30th, 2024
Motion to Approve September 17th, 2024 Minutes: Eathington
Second: Clark
VOICE VOTE: All Ayes – Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
Motion to Approve October 2nd, 2024 Minutes: Clark
Second: Eathington
VOICE VOTE: All Ayes – Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
Motion to Approve October 30th, 2024 Minutes: Ackerman
Second: Roberson
VOICE VOTE: All Ayes – Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
5. Public Remarks – None
6. New Business
a. Discussion/Action: Public Hearing To Request A Variance Of Section 6.A.3 Of The Fulton County Zoning Ordinance In Respect To Accessory Building Front Yard Regulations In The AC District. Parcel #09-08-32-200-019
Chairman Phillips asked if there was representative present.
Bobby Zimmerman identified himself and was sworn in. He clarified that he was seeking two variances, one for constructing an accessory structure without a primary dwelling (Section 6.A.1) and one in regards to the setback requirements. He went on to describe the property and surrounding properties on that private dead-end road. It has some dwellings and some lots with RV/Campers in this area. There is only 63 feet from the road to where the property slopes to the water. He is requesting a maximum/minimum to be 20 feet off the road. His intentions are to stay farther than 20 feet. The size of the building would depend on the variance granted.
Chairman Phillips clarified that there was a second request to build an accessory building without a main building. Mr. Zimmerman confirmed that fact. At that time, Chairman Phillips opened for public comment. Justin Herman was sworn in and stated that his parents own the property surrounding this parcel and they had no objection to this request. There were no other comments from the public.
Chairman Phillips closed public comment and opened comments from the board members.
Member Clark asked what the use of the building would be. Mr. Zimmerman responded that he has plans to install a restroom, a place to be able to cleanup and shower while they are there fishing. Also, a place to store a boat, general storage, and an area to take a nap. He acknowledged that the first order of business is to get the septic permit. The property has city water. Member Ackerman asked if he would size the septic for a future house. Mr. Zimmerman responded that he has no intention of living on this parcel, but yes, he would size the septic for future expansion. Chairman Phillips asked to confirm that Mr. Zimmerman had no intentions of making this a residence and it would only be used for short term stays and recreation.
Chairman Phillips presented the finding of facts:
Concerning the accessory building concept, there are no objections and neighbors are in support of it.
There is testimony that there would be a restroom and plumbing in compliance with the Fulton County Ordinance concerning septic systems.
There is testimony that the building will not be used as a primary residence.
The building would be used for storage.
Member Ackerman asked for the size of building, Mr. Zimmerman stated it would be in the range of 30×40, 36×36 feet.
Chairman Philips confirmed the size of the building will be the range of 30×40 to 36×46 feet.
Motion to Approve the Finding of Facts: Roberson
Second: Ackerman
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
Chairman Phillips suggested to approve the construction of an accessory building at this location without a primary building already present.
Motion to Grant the Variance: Eathington
Second: Clark
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
Chairman Phillips suggested to approve the 20-foot set back from the edge of the road variance.
Motion to Grant the Variance: Ackerman
Second: Roberson
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
b. Discussion/Action: Public Hearing To Request A Variance Of Section 10.A.1 Of The Fulton County Zoning Ordinance In Respect To Front Yard Regulations In The AC District. Parcel #11-11-08-400-004
Chairman Phillips asked if there was representative present. Kim Lyons identified herself and was sworn in. She stated she is the wife of one of the property owners. She went on to explain that they are planning on building a 40×64 foot ag building. They are requesting a variance to build 50 feet from the center line of the road. The reason being the property starts to tremendously drop off at about 85 to 90 feet from center line of the road. The building will be used for storage of tractors and they do plan on putting in a bathroom. They plan on putting in a 1,000-gallon septic system.
Public Comment was opened by Chairman Phillips, to which no one responded. Public comment was closed and opened it for the board members questions.
Member Ackerman asked what the existing building on the property was. Mrs. Lyons responded that it was used as a cabin by the previous owners. The structure has electricity but no plumbing.
Member Ackerman asked if the use of the building would just be storage of equipment and some recreational use. Mrs. Lyons responded that it would be mainly storage.
Chairman Phillips proposed the Finding of Facts:
There are no objectors.
The property is limiting due to the landscape.
It is reasonable that the building could 50 feet from center line of the road, which is 25 feet from right of way.
There would be a bathroom with and a 1,000-gallon septic tank installed.
Member Ackerman requested for the structure to be built as far back as possible. And asked if there would be any fencing around the property, in which Mrs. Lyons responded no.
Motion to Approve the Finding of Facts and Variance: Roberson
Second: Ackerman
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
c. Discussion/Action: Public Hearing To Request A Conditional Use Permit To Operate A Short Term Rental In Accordance With Section 4.A.1.b(10) Of The Fulton County Zoning Ordinance Parcel #17-18-24-400-003
Chairman Phillips asked if there was someone who would like to speak on this matter. Joe Sprout identified himself and was sworn in. Mr. Sprout explained that he had tried to acquire a permit a couple years ago when he remodeled the property but was told there was no need for a permit and no office to send a check to.
He did get a permit for septic systems.
Chairman Phillips asked how the building was insulated. Mr. Sprout explained that it was spray foam insulation.
Member Eathington asked if it was grain bins converted to dwellings for short term rental use and what size are they. Mr. Sprout said he knew their diameter size. One is 36 foot and one is 24 feet. Member Ackerman asked if there was a building plan and if it is available to be seen. The plan sketch is part of the permit application. It was explained by the Zoning Officer, Kim Mayberry, that the reason for requiring a permit was that the construction changed the use of the structure.
Member Ackerman asked if there were two structures. Mr. Sprout stated that there are two grain bins and one converted semi-trailer on the property. Member Ackerman asked how many people has he rented to. Mr. Sprout said he has learned that in this area, most people stay for weekends, wedding, funerals, or hunting. Member Ackerman clarified how many people stay in each building at a time. Mr. Sprout stated that they are advertised as up to 8, 5, and 4. He went on to say that most guests are couple and families of 3 to 6.
Member Ackerman stated that he was concerned about exit lighting since it was residential use with commercial use in terms of life safety. Mr. Sprout responded that it was well lit and they have motion sensor lights. The structures are built on a core of engineer’s berm, the landscaping is wide open. Member Ackerman asked if there were 2 exits/entrances. Mr. Sprout confirmed there was one door and egress windows. Member Ackerman asked the size of the door. Mr. Sprout answered with 36-inch door. Both floors and showers are wheelchair accessible. There are smoke detectors in all structures. Contact phone numbers are listed for Mr. Sprout and the local contact person. Ring cameras are installed. There is reflective signage per 911 recommendations for emergency response.
Chairman Phillips asked if he was a member of AIRBNB. Mr. Sprout confirmed he was a host for AIRBNB. Chairman Phillips asked if there were specific rules and regulations that have to be met to be a host. Mr. Sprout answered that there are rules that need to be met, but they are not necessarily fussy. The reviews that you get have a huge impact on if people want to stay at your place.
Member Clark asked how long he has been in operation. Two years was the response from Mr. Sprout. Chairman Phillips stated it seems that the largest structure was about 1200 square feet. Mr. Sprout said that it was more than that with the second floor, it would be around 1600. The smaller one is about 1024 square feet. Chairman Phillips expressed concern about the structures only having one door. He thinks that regulations require two doors, a front door and a back door. Mr. Sprout stated that he has installed legal egress windows in each room that are sized accordingly.
Chairman Phillips asked if that was the case on the second floor and that would be a big drop. Member Clark asked if there was a ladder going out and Mr. Sprout answered no, but he would be happy to buy one and install it. Chairman Phillips sated that he would be running a risk, Fulton County does not have building codes but relies on the Illinois State Fire Marshal for the codes that can be enforced, and that is a lot of square footage for only having one door. If there were a fire adjacent to that door there would be a problem, and that’s what we try to prevent. In building construction, you need two ways out. Mr. Sprout stated he did not know if he should argue the point but in dwellings he has built, most homes had exits near each other, and in the event of a fire occupants would be going out a window, even on a second story. And he stated he would be installing drop down ladders on the second floor. He went on to state that the materials used in construction were quite inflammable and there are fire extinguishers in the building.
Member Eathington asked if there was a kitchen in the building. Mr. Sprout stated there was, it is all electric, that is less of liability than gas.
Chairman Phillips stated that he understands the comment on two doors being close together and that is something people try to avoid for safety reasons.
Member Ackerman said he believes that the building code does require two exits for a residence and even in a unique situation you still must meet basic life safety codes. Mr. Sprout asked if that excluded windows that meet legal egress. Member Ackerman responded that it does normally exclude windows because they are considered in bedroom situations, windows aren’t counted as an exit. Chairman Phillips agreed with that statement.
Member Ackerman expressed concern that since the public is staying there, they have an assumption that it has been done right and their safety has been taken into consideration. He also suggested contacting his insurance company for direction as well. Mr. Sprout explained that he has had insurance with this company for many years, and every time he thinks of a new thing to do to improve safety he has done so.
He went on to explain the openness of the design in the grain bins and if there was a true emergency there were multiple ways to get out.
Chairman Phillips stated that if we were to check any building code for a residence that two exits would be required. He also agreed that a ladder on the second floor is a good idea in the biggest building. He suggested requiring a second exit. The idea is you would always have an alternative way out and you are not trapped.
Mr. Sprout explained the layout and where the options for a second door would be and how he does not see the advantage that would give over going out a window in a true emergency. Chairman asked if he had the floorplans of the buildings. Mr. Sprout stated he did not but he could try to pull them up on Google drive or sketch them. Member Clark commented on the remarks about the escape route.
Chairman Phillips recommended to continue the hearing after doing more research. Mr. Sprout asked to have time to draw a sketch and discuss the matter this evening since he traveled 9 hours to attend this hearing. Member Eathington asked if the building was inspected before it was opened. Mr. Sprout said no, he called and was told there was no building code inspector, no where to pull a permit from. He did get a permit from the Fulton County Health department for the septic system. He went on to say that he does this for a living and follows the rules, which is why he tried to get a permit before construction, why wouldn’t he get a permit for $600.00 on a $300,000.00 investment. Chairman Phillips tabled the issue until after the next hearing.
d. Discussion/Action: Public Hearing To Request A Conditional Use Permit To Operate A Short Term Rental /Event Venue In Accordance With Section 4.A.1.b(10) Of The Fulton County Zoning Ordinance Parcel #05-04-33-400-004 & 05-04-33-400-008
Chairman Phillips asked if there was someone who would like to speak on this matter. Chad Herman identified himself and was sworn in. Mr. Herman explained that his situation, that he had acquired a building permit but did not realize that he needed a new Conditional Use Permit. He owned the property and it was under contract for deed, that person stopped paying so he got it back and built an event center, and he did not realize the original CUP was not transferable. He also gave some of the construction specifics. It can hold 299 people and sleep 54 people. The existing lodge can sleep 46 people. They received a letter informing them of the need for the CUP. They did not change ownership, just the entity changed. Member Ackerman asked if the use of the property changed. Mr. Herman stated that the original use was for short term rental, but they did add the event center. He stated that usually when you pull a building permit you are told at that time if you need a CUP and that did not happen. Member Clark asked how long ago they were told about needing the CUP. Mr. Herman stated that they received a letter mid-October and they contacted the office immediately to take the steps come into compliance. That was confirmed by the Fulton County Zoning Officer, Kim Mayberry. He reiterated that they were unaware of the need for a new CUP. Mrs. Mayberry clarified that the previous CUP holders were under a now nonexistent LLC and a new CUP was required under the Hermans LLC.
Chairman Phillips asked about the exits in the sleeping area of the event center. Mr. Herman stated the lodge has four exit doors and several egress windows, there are three exits and 4 egress windows upstairs in the event center. The downstairs area is the event center and bathrooms.
Chairman Phillips asked about smoke detectors in the building. Mr. Herman stated that there are smoke detectors and fire extinguishers throughout the building. Member Ackerman inquired how they determined where to place the fire extinguishers, to which Mr. Herman replied by his experience building many different types of buildings. Member Ackerman asked about the building plans. Mr. Herman stated the building had engineering plans. That it was a premade building, all metal. Member Ackerman asked about the kitchen. Mr. Herman said it was not a commercial kitchen, it is a catering kitchen. Food is brought in but not prepared on site. He confirmed that the building was inspected by the state plumbing inspector. The septic is sized to accommodate 299 people to be there and 170 people to sleep there.
Chairman Phillips opened for public comment. There were none. He opened it to questions from the board members. Member Clark said they though the presentation was very thorough.
Charmain Phillips proposed the Finding of Facts.
The previous property did have a CUP, that permit expired when ownership was returned to Mr. Herman.
There was no objection to this use of the property.
Based on the explanation we have a strong sense that the codes have been complied with even though there isn’t proof of that without plans.
At that point Mr. Herman stated he would be happy to send over the plans, Chairman Philips agreed with the volunteering of plans to have on file.
Member Ackerman asked what Fire Department serviced that property and if they had done a walk through. Mr. Herman sated it was Copperas Creek Fire Department and confirmed they conducted a walk through as part of the occupancy process.
Chairman Phillips asked if there were any other additional finding of facts.
There was short discussion on the privacy of the location.
Chairman Phillips asked if there was adequate parking. Mr. Herman replied that they can park 120 cars and more could be parked in the grass. They do have open fire lanes.
Motion to Approve the Finding of Facts: Clark
Second: Ackerman
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher – Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
Motion to Grant the Conditional Use Permit: Roberson
Second: Clark
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
Chairman Phillips invited Mr. Sprout to join the board in discussing his case.
They discussed that 10 is the minimum occupancy load for requiring one exit. Kim Mayberry offered to pull up AIRBNB on her phone for the members to view the pictures of the structure. Member Ackerman asked about the egress windows. Mr. Sprout said they are hung low per code. He went on to explain his sketch of the buildings. The board members took time to view the photos. Member Calrk aske about a ladder that is on the outside of the building, but it was determined that it was not close enough to the window to help. Chairman Phillips asked about the egress window on the main floor and how far it was from that window to grade. Mr. Sprout stated 36 inches or less. Member Clark noted that there was a window at the stairs and it would be a good window to add a ladder to.
Member Roberson asked to confirm the maximum capacity of each building.
Member Ackerman asked about ground fall at the water sources. Mr. Sprout said he hired a local electrician to do the electrical work, it was done with breakers. Member Ackerman and Member Clark complimented the interior of the buildings. Chairman Philips asked about smoke detectors. Mr. Sprout said there was one in each room and in the hallways. He went on to explain that the gas grill was located at a safe distance from the structure for safety.
Chairman Phillips suggested requiring an in-place escape ladder that your feet can hit the rungs. Member Clark agreed. Mr. Sprout said if he cannot find one, he will fasten one to the side of the building. Member Eathington stated that if you put metal steps from there top window down, it would not affect the looks. Chairman Phillips stated that he prefers a commercial standoff ladder that meets escape codes from a window to be purchased and installed. Member Eathington asked if insurance did a site visit. Mr. Sprout said the first company did but he now has another carrier who covers many AIRBNB properties.
Member Ackerman added that it should be brought to the attention of guests that they will be using an egress window before they arrive. Mr. Sprout added that AIRBNB has categories for information when a guest is booking properties.
Charmain Phillips proposed the Finding of Facts.
There were no objections from any neighbors for this project.
It has operated for two years with no problems that has been brought to our attention.
We believe the building is deficient in exiting from the second floor and commercially available escape ladders will be installed at each second-floor escape windows that are in place.
Proper signage will be provided and clear instruction on how to use the ladder in case of emergency.
Emergency light at these locations that is tied into the fire alarm.
Very strongly recommend investigating if a second exit is required in the large building with proof of the findings.
Member Ackerman stated he has a better confidence level in the project after seeing the photos. Several Member agreed this is an asset to Fulton County.
Mr. Sprout suggested having a flashlight at the egress emergency exits because the fire alarms are not connected to the fire department. Chairman Phillips suggested a fire alarm with a light in it or flashlights that are fixed to the wall.
Motion to Approve the Finding of Facts: Roberson
Second: Clark
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
Motion to Grant the Conditional Use Permit with the understanding this will be taken care of in 60 days: Roberson
Second: Clark
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Absent Bill Phillips –Yes
Damon Roberson – Yes
7. Old Business – None
8. Other – None
9. Executive Session – None
10. Adjournment
Motion to Adjourn: Roberson
Second: Clark
All Ayes; Meeting Adjourned at 6:15p.m.
