2. Subject
Property
Jeffrey Prudden
North
Helen
Varble
Farms
Inc.
Anthea Wellington
Christian Preserve
PUD
2
2
3. View from 55th St S
Barn elevation facing East
55th St S.
N
Helen Varble 130th Ave S.
Farms Inc.
Existing single family
Existing single family residential
Rear setback facing West residential built in 1976
Existing Barn
built in 2007
4.77 acres
Equestrian Preservation
Overlay Zone-EOZ
3
4. Horses Forever LLC
is respectfully
requesting
variance for a rear
setback
44' 8" instead of 100’
Varble
Farms
Inc. November 4th meeting
Equestrian Preserve
Committee unanimously
recommended
44’ 8” approval of
variance
4
5. • July - Horses Forever LLC purchased 4.77 acres / Single family
residence built in 1976
2006 • Nov - Temporary Tent- Special Use Permit
• July - Horses Forever LLC signed contract with Garret Construction
Corporation to build a permanent barn
• Sept. 21st - Initial inspection by Village – No building permit
2007 • Contractor claimed – Ag Exempt Property – Building permit is NOT
required
• May - Village’s Building Official advised - property was NOT required a
building permit- Required: Agricultural Verification Permit for
2008 Planning, Zoning and Engineering Review
• May 29th – Village issued Notice of Violation – LDR 6.10.12 B&D-Table E
• March - Process for Ag Review Permit
2009 • April - Variance Application as part of process
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6. 1 SPECIAL CONDITIONS AND CIRCUMSTANCES EXISTS
Combined special conditions and
circumstances exits that are peculiar
to this structure
Garret Construction Corporation
Did Not comply with Contract
Agreement
6
7. CONTRACTOR AND OWNER AGREEMENT
IT WAS SIGNED JULY 2007
GARRET CONSTRUCTION CORPORATION
HORSES FOREVER LLC
Article 3. Survey, Plans, Engineering and Permit Fees
“The Owner will provide two copies of a current survey for the
Contractor for the Building and Zoning Department. The
Contractor shall provide all building permits required for Building
and Zoning and the owner will pay all the Contractor for all out of
pocket expense and fees for the permits, impact fees if any and
other related costs if applicable”
7
8. TABLE E DOES NOT INCLUDE PROVISIONS FOR AG EXEMPT PROPERTIES -
Agricultural Review Permit 8
9. 2 NOT THE RESULT OF THE APPLICANT
Horses Forever LLC DID NOT cause
existing conditions
“As previously stated Garret Construction
Corporation did not properly obtain all
required permit” (Village’s Staff Report)
3 NO SPECIAL PRIVILEGE
CONFERRED
Granting Variance Request WILL NOT confer
special privilege denied by Comprehensive Plan
and Code
“Other applicants could apply to the
Village for a variance review and go
through the public hearing process”
(Village’s Staff Report) 9
10. 4 LITERAL INTERPRETATION CONSTITUTES
UNNECESSARY AND UNDUE HARDSHIP
Barn Construction Cost of $304,064
Strict enforcement of LDRs would
cause severe economic hardship -
possible bankruptcy
“However, demolishing the barn or
reducing the size of the barn would
cause an unnecessary and undue
hardship” (Village’s Staff Report)
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11. 5 VARIANCE IS MINIMUM TO MAKE POSSIBLE
REASONABLE USE OF LAND, BUILDING OR STRUCTURE
Granting variance of 44’8” rear
setback instead of 100’ - minimum
variance for reasonable use of the
existing barn
Village has NOT received complaints
from neighbors. Barn was built in
2007.
Varble
Farms Inc.
“It would be unreasonable to
demolish the two-year old barn 44’ 8”
due to the fault of Garret
Construction Corporation not
obtaining the required permit”
(Village’s Staff Report) 11
12. 6 CONSISTENT WITH THE COMPREHENSIVE PLAN
AND THE LAND DEVELOPMENT REGULATIONS
Equestrian estate developed
by Horses Forever LLC
is consistent and compatible with blends in,
Horses Forever's stable
rural equestrian character
and it is consistent with the rural character of the area
supported by the Village’s
Comprehensive Plan (Goal 1.0)
and LDRs (Equestrian Preservation
Overlay Zone-EOZ)
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13. Horses
Forever LLC
NOT DETRIMENTAL TO THE AREA INVOLVED
7 AND THE PUBLIC Inc.
Varble Stables WELFARE
Barn was built in 2007
It has NOT been detrimental to the public welfare
It does NOT imposed a life safety threat to the area
Village’s Notice of Violation is NOT about life safety
Village has NOT received complains from neighbors
Varble Stables Inc. has NOT file a complain with the Village
13
14. Minimum setbacks for
future house or barn Horses
55th Street Forever LLC
Varble Stables Inc.
100’
Existing Barn
50’
50’
Varble Horses
Stables Inc. Forever LLC
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15. It was NOT a malicious and
SUMMARY OF FACTS intended act
Contractor did NOT obtain
all required permits
Barn has been in place for
two years
Consistent and compatible
with surroundings- Village
has NOT receive complain
from neighbors
Horses Forever LLC would
face severe economic
hardship as a result of literal
interpretation of Village’s
Code 15
