ELBURN – The discovery of a 1995 village ordinance granting approval to the Fellowship Deaconry for development of the property at 526 N. Main Street in Elburn may prevent an addiction treatment center from locating there.
The document was unearthed by Elburn Village Trustee Bill Grabarek hours before the Sept. 5 Village Board meeting where the discussion for approval of the treatment center was to take place. Grabarek said he had been researching previous owners of the property when he found the ordinance filed with the Kane County Recorder’s Office.
The planned unit development, approved by the village when G. Michael Stoffa was mayor, gives permission to Fellowship Deaconry Inc. to continue to use the property as a church and religious retreat center. A revised document, approved in 1997, splits the property in two, separating the land and buildings – the church building and the housing – owned by Fellowship Deaconry Inc. and Sonlife Ministries and dictates that the provisions within the planned unit development stay with the property.
According to Village President Jeff Walter, the planned unit development agreement dictates the use of the property, preventing the Village Board from granting a different use. Walter said the village is turning the documents over to Village Attorney Bob Britz for review and that no action will be taken on the property until the legalities of the agreement are sorted out.
The Rev. Gary Augustine, who resides on the property and is pastor of the Elburn Hill Church located on the property, said the agreement was only good for 20 years. He also said the property reverted back to residential zoning nearly two years ago.
Walter agreed that a 20-year time frame typically applies to annexation agreements between a municipality and a developer. Since this is a specific type of agreement, an ordinance approving a planned unit development, he does not believe the 20-year life span applies. That is why he is asking the village attorney to look it over and advise the village on what action to take.
Walter said the board would not discuss on Sept. 5 the agenda items relating to the special use request for the addiction treatment center, including a proposed study on the potential economic impact of the center on the immediate surrounding area and discussion and potential approval of the special use request, as well as an extension of the special use request.
It’s not clear when – or if – the request for a special use permit will be on the agenda again.
In the meantime, since the board did not take action on the extension of the request for a special use permit, unless further action is taken, on Sept. 15 the application will be considered denied. According to village ordinance, a special use permit request, if not acted on within a six-month period from the date it was filed, is considered to have been denied.
The application for the special use permit was filed by the Miami Beach Holistic Addiction Treatment Center on March 15 of this year. The next regularly scheduled Village Board meeting is set for Sept. 18.