McHenry County Zoning Board of Appeals and Hearing Officer met Jan. 3.
Here is the minutes provided by the board:
ZONING BOARD OF APPEALS REPORT TO THE MCHENRY COUNTY BOARD - #2018-061
1. PETITIONER
The Charles W. Dollman Trust and the Jo Ann Dollman Trust, Owners of Record; Pamela Palmer, Executor and Successor Trustee
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 5.263 acres and is located at the northeast corner of the intersection of Dunham Road and East Coral Road. Common address: 7416 Dunham Road, Union, Coral Township, Illinois.
4. DATE AND TIME OF HEARING AND VOTING MEETING
January 3, 2019 @ 1:30 PM
5. PRESENT AT HEARING:
A. ZBA Members: Richard Kelly, Jr., David Stone, Vicki Gartner, Linnea Kooistra, Matthew Hansel B. Witnesses: Pamela K. Palmer
C. Attorney: Michael J. Fleck
D. Staff: Kim Kolner
E. Public: Linda A. Gieseke
6. ITEMS OF EVIDENCE:
None
7. SUMMARY OF TESTIMONY AT HEARING
Chairman Kelly called the meeting to order and explained that the Petitioners were before the Board requesting Reclassification from the A-1 Agriculture District to the A-2 Agriculture District.
Pam Palmer was called as a witness. She stated that the property was purchased by her family in 1956, and it currently contains a residence, a barn, three sheds, a corn crib, and a small milk house. Ms. Palmer explained that the property was used as a dairy farm until 1993, and has since been crop farmed. She noted that the property was run by her parents, and they are now both deceased.
Ms. Palmer indicated that they are trying to settle the estate and it would be advantageous to have the subject property zoned A-2 so that they can try to preserve the farm as her father intended. She noted that the residence on site is not currently occupied, but they plan to list it for sale.
Staff noted that this is a simple A-1 to A-2 request, a Plat Act exemption is met, and the residence meets the nonconforming requirements outlined in the Unified Development Ordinance for reclassification to A- 2. They had no objections to the request and recommended approval.
8. SOIL AND WATER CONSERVATION DISTRICT REPORT
For further information refer to report number: L18-087-4193
9. ILLINOIS DEPARTMENT OF NATURAL RESOURCES
The consultation was not required for this petition.
10. SUMMARY OF VOTING MEETING DISCUSSION
Chairman Kelly called the meeting to order immediately following the hearing. Linnea Kooistra made a motion to recommend approval of the request. Matthew Hansel seconded the motion. Ms. Kooistra stated that this is a classic A-2 rezoning in a rural area. She noted that the property contains a lot of farm buildings that the Petitioner wishes to preserve. She pointed out that the request meets the Approval Standards for Map Amendment, as well as the Standards for rezoning to A-2. The other Board members agreed and were also in favor of the request.
11. 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 property contains a lawfully constructed residence.
3.) A Plat Act exemption can be met.
12. FACTS THAT SUPPORT RECOMMENDING DENIAL OF THE REQUEST
None
13. MOTION
Made by Linnea Kooistra, seconded by Matthew Hansel to recommend approval of the request for Reclassification from the A-1 Agriculture District to the A-2 Agriculture District.
14. VOTE
5 - AYES; 0 - NAYS; 0 - ABSTAIN
Matthew Hansel - Aye Linnea Kooistra - Aye David Stone - Aye Vicki Gartner - Aye Richard Kelly - 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=4149&Inline=True
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