Will County P&Z Grants Variances for Unpermitted Structures in Crete and Manhattan

Will County P&Z Commission Meeting | Jan. 20, 2026

Article Summary: The Planning and Zoning Commission approved variances for property owners in Crete and Manhattan who built agricultural structures without obtaining proper permits. Staff had recommended denial in both cases, arguing that ignorance of zoning rules does not constitute a hardship.

Compliance Variance Key Points:

• Crete Case: A property owner on Exchange Street received a variance for a barn built too close to the rear property line.

• Manhattan Case: A variance was granted for a pole barn on Schoolhouse Road that encroached on a 50-foot setback.

• Staff Stance: County staff recommended denial for both, stating that “lack of knowledge of the rules” is not a valid hardship for a variance.

• Outcome: The commission voted to approve both requests to bring the properties into compliance rather than forcing demolition or relocation.

The Will County Planning and Zoning Commission on Tuesday, January 20, 2026, voted to approve variances for two separate property owners who constructed buildings without permits, allowing them to avoid tearing down the non-compliant structures.

In the first case, Khalid Ghaben of Crete requested a variance for a rear yard setback at 3303 E. Exchange Street. A structure was built 24.92 feet from the property line, violating the 50-foot requirement for the A-1 zoning district.

County staff recommended denial, noting the issue arose because the owner built without a permit. “Staff does not view lack of knowledge of the rules as a hardship,” the staff report stated.

The applicant’s agent, Yousef Disi, told the board that contractors failed to build within the plat of survey. “We were shocked when we found that barn was not built properly,” Disi said, noting the structure sits on a concrete slab and moving it would be difficult. The commission approved the variance with one vote in opposition.

In a similar case in Manhattan, Brittany Kaup requested a variance for an animal confinement setback at 24959 Schoolhouse Road. A second pole barn was erected on the property encroaching on the 50-foot setback.

“There’s a lot of misconceptions with being zoned agriculture, whether you have to have the permit or not,” Kaup testified. She explained the location was chosen to give animals more room to graze.

Despite a staff recommendation for denial, the board voted to approve the variance, allowing the structure to remain.