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Hobart approves rezoning for Hemlock Creek subdivision

By Kevin Boneske
Staff Writer


HOBART – The rezoning of two parcels in the 700 block of Nathan Road to R-1 Residential for single-family lots being created in the Hemlock Creek subdivision was approved last month by the village board.

Director of Planning and Code Compliance Todd Gerbers said Tosa Development proposed 53 new single-family lots with 31 lots located within Hobart and the other lots located in the Town of Lawrence.

Because the two parcels in Hobart, which were zoned ER Estate Residential and A-1 Agricultural, will be part of the new subdivision, Gerbers said the new lots needed to be rezoned into a zoning district where they will comply with the proposed lot sizes and widths.

“They will have sewer and water, which is (included in) an agreement… between Lawrence and Hobart,” he said.

Artificial lake

In other action, the board approved a conditional use permit for Philip and Leigh Bolender to construct an artificial lake approximately 25,800 square feet toward the rear of their residential property at 1570 S. Overland Road.

In the R-2 zoning district, an artificial lake is listed in the village code as a conditional use and requires a permit.

Gerbers said the conditions of approval include no changes in ground elevations in the area adjoining the artificial lake that would adversely impact area surface water drainage conditions to adjoining properties or village right-of-way.

He said the permit may be brought back to the board for reconsideration and revocation in the event of repeated violations or complaints of village, county, state or federal regulations, rules or laws.

The Bolenders said they plan to build a new single-family home on the property in the near future and use the fill removed for the excavation of the artificial lake for fill around the building foundation.

Public hearings set

The board also set three public hearings for its June 15 meeting.

One hearing will involve input on the village seeking to amend its zoning code to remove the conditional use process to own additional dogs on residential property and have all licensing and regulations of dogs addressed in one location of the municipal code.

Earlier this year, the board discussed revising the village code as it relates to dogs, when Village Administrator Aaron Kramer said it appears there are errors and contradictions for regulating the number of dogs permitted in a residence.

Kramer said one clause in the code states a conditional use permit is required to keep more than two dogs in the R-1, R-2 and R-3 residential district.

However, he said another clause states someone keeping more than two dogs has to file a statement with the village clerk-treasurer.

Board members said they favored a limit of two dogs for any residential property less than 2.5 acres, with five dogs being the maximum allowed for any property with more than 2.5 acres.

For residences currently having more dogs than the proposed limits, Kramer said the revised code would have to indicate they are “grandfathered” for property owners to continue to keep that number.

Another public hearing relates to rezoning more than 60 parcels from A-1 Agricultural to I-3 Airport Industrial District and another four parcels from I-1 Limited Industrial District to I-3 Airport Industrial District.

The final public hearing will consider issuing a conditional use permit for an accessory building at 3360 Belmar Road.

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