McHenry Times

McHenry County Zoning Board of Appeals and Hearing Officer met March 29.

Here is the minutes provided by the Board:

1. Petitioner

Grange Farms, LLC, Owner of Record; William J. Rinn, III Trust

2. Request:

Reclassification from the A-1 Agriculture District to the A-2 Agriculture District

3. Location And Size Of Property In Question:

The subject property consists of approximately 10 acres and is located approximately 4,350 feet west of the intersection of Grange Road and Riley Road, Riley Township, Illinois. Common address: 23103 Grange Road, Marengo, Illinois.

4. Date And Time Of Hearing And Voting Meeting

March 29, 2018 @ 1:30 PM

5. Location Of Hearing And Voting Meeting:

McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, Illinois, 60098, Administration Building, 667 Ware Road, Conference Room C

6. Present At Hearing:

A. ZBA Members: David Stone, Charles Eldredge, Vicki Gartner, Linnea Kooistra, Matthew Hansel, Scott Jacobson

B. Witnesses: Jean Rinn

C. Attorney: Lisa M. Waggoner

D. Public: Kim Kolner - County Staff

7. Items Of Evidence:

None

8. Summary Of Testimony At Hearing

Vice Chairman Stone called the meeting to order and explained that the Petitioner was before the Board requesting reclassification from the A-1 Agriculture District to the A-2 Agriculture District. He noted that the Endangered Species Consultation was not required for this Petition, and the report had been received from McHenry County Soil and Water Conservation District.

Lisa Waggoner, attorney for the Petitioner, stated that the there is a substantial area of the subject property that is a mature oak tree grove, and the shape of the unusual configuration of the parcel is due to the incorporation of that area. Ms. Waggoner pointed out that the property is located west of Riley Road in an area where there are numerous parcels of a similar smaller size that contain single-family residences. She explained that the subject property contains a vacant single-family residence that will likely be demolished or reconstructed, outbuildings in disrepair, and a barn. Ms. Waggoner pointed out that there is a potential buyer for the property who is a Hosta farmer. She stated that Hostas like shade, and the tree grove area would be ideal for growing them. She also noted that two of the structures shown on the Plat of Survey have since been removed - the 32'x48' barn, and the 20'x47.7' metal clad building - and indicated this on the Survey.

Jean Rinn was called as a witness. She explained that she and William Rinn own about 1,000 acres of various farmland around McHenry County. She stated that they do not have a use for the structures on the property, so they are looking to sell it off and maintain the farmland around it. Ms. Rinn addressed the Approval Standards for Map Amendment, pointing out that she believes the property value would improve due to the possible improvement of the home on the property. Ms. Waggoner also went through the specific Standards for A-2 zoning, explaining that there is a lawfully constructed residence on the property and a Plat Act exception is met, as the parcel contains the minimum five acres with no new easements or streets for access.

Staff indicated that they had conducted a site visit of the subject property and observed that the residential structure appeared to be in poor condition. They pointed out that the remaining acreage to be maintained by the petitioner would be sufficient for an additional home in the future, if they ever decided to construct one. Staff had no concerns and recommended approval of the request.

9. Soil And Water Conservation District Report

For further information refer to report number: L18-003-4109

10. Illinois Department Of Natural Resources

The consultation was not required for this petition.

11. Summary Of Voting Meeting Discussion

Vice Chairman Stone called the meeting to order immediately following the hearing. Charles Eldredge made a motion to recommend approval of the request. Vicki Gartner seconded the motion. Mr. Eldredge stated that McHenry County encourages the preservation of old farmsteads, which this is. He noted that the Standards have been met, a Plat Act exception applies, and he is in support of the Petition. Linnea Kooistra also pointed out that the request is consistent with the 2030 Plan, as well as Riley Township's comprehensive plan. The other Board members agreed and were in favor of the request.

12. Facts That Support Recommending Approval Of The Request

1.) The Approval Standards for Map Amendment, listed in Section 5.1.E.1 of the McHenry County Unified Development Ordinance have been met to the satisfaction of the Zoning Board of Appeals members.

2.) The A-2 District Rezoning Standards, listed in Section 9.2 of the McHenry County Unified Development Ordinance have been met to the satisfaction of the Zoning Board of Appeals members.

3.) A Plat Act exception can be met.

13. Facts That Support Recommending Denial Of The Request

None

14. Motion

Made by Charles Eldredge, seconded by Vicki Gartner to recommend approval of the request for Reclassification from the A-1 Agriculture District to the A-2 Agriculture District.

15. Vote

6 - Ayes; 0 - Nays; 0 - Abstain

Matthew Hansel - Aye

Linnea Kooistra - Aye

David Stone - Aye

Vicki Gartner - Aye

Charles Eldredge - Aye

Scott Jacobson - Aye

Goes To County Board With Zba Recommendation For Approval

Full Comments on the above agenda items are included in the audio recording of this meeting, which can be found on the McHenry County Meeting Portal.

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=3913&Inline=True