East Central Reporter

City of Olney Board of Appeals met Sept. 5.

Here are the minutes provided by the board:

AGENDA #1 “CALL TO ORDER” The September 5, 2023, meeting of the Board of Appeals was called to order at 7:00 p.m. in the Council Chambers of the Olney City Hall, 300 S. Whittle Avenue, Olney, Illinois, by David Abell.

AGENDA #2 “ROLL CALL” The following Board of Appeals members were present: Kurt Ginder, Brad Williams, Samantha Brazil, and David Abell. Scott Jones, Bridgett Jensen, and Pat Everette were absent. Also present was City Clerk Kelsie Sterchi.

AGENDA #3 “APPROVE MINUTES OF THE BOARD OF APPEALS MEETING ON MAY 1, 2023” Mr. Williams moved to approve the minutes from May 1, 2023, seconded by Mr. Ginder. Mr. Ginder, Mr. Williams, Mrs. Brazil, and Mr. Abell voted yes. There were no opposing votes. The motion carried.

AGENDA #4 “SWEARING IN” Mr. Abell asked that anyone wishing to testify on behalf of the items being discussed to stand and be sworn in. City Clerk Sterchi asked the individuals to stand, raise their right hands, and “swear to tell the truth, the whole truth and nothing but the truth so help me God.” Daniel Parker and Tamara Phillips were sworn in.

AGENDA #5 “PUBLIC HEARING: VARIANCE REQUEST 124 N. SARATOGA STREET” Daniel Parker had submitted a Request for Variation for 124 N. Saratoga Street, Olney, Illinois, Property Index Number 06-34-311-007. The petitioner was requesting a variance in the front yard setback to allow for a 17-foot front yard setback rather than the 25-foot front yard setback required in Title 17 (Zoning) of the City of Olney Municipal Code. The granting of the variance would allow the petitioner to build an attached carport.

No one from the public was present, and the City Clerk had not received any comments regarding the request.

AGENDA #6 “VARIANCE:124 N. SARATOGA STREET” Mr. Phillips told the Board that the variance would allow him to attach a carport that would be in line with his home.

Mr. Abell believed that other properties in the area had similar setbacks and appearances. Mr. Parker confirmed and added that his house was farther off of the road than others in his neighborhood.

Referencing factors to consider in determining a zoning request, Mr. Abell said that he did not believe that the request would cause problem to public health, safety, welfare or morals. No one from the Board disagreed.

Mr. Abell noted that the size, location, and current use of Mr. Parker’s property and surrounding properties would be appropriate for the request. No one from the Board disagreed.

Mr. Abell felt that the request would still honor the existing uses of nearby property and that the need for the proposed variance was appropriate. No one from the Board disagreed.

Mr. Abell moved to approve a 17-foot front yard setback for 124 N. Saratoga Street, seconded by Mrs. Brazil. Mr. Ginder, Mr. Williams, Mrs. Brazil, and Mr. Abell voted yes. The motion carried.

AGENDA #7 “PUBLIC HEARING: VARIANCE REQUEST FOR 1533 CYPRESS ROAD” Richard & Tamara Phillips had submitted a Request for Variation for 1533 Cypress Road, Olney, Illinois, with Property Index Number 06-26-201-015. The petitioners requested a variance in the minimum setback from East Fork Lake shoreline to allow for a 50-foot setback on the south side of the parcel rather than the 75-foot setback, required in Ordinance No. 68-22, An Ordinance Providing for the Adoption of an Official Plan for the Development of East Fork Lake and Providing for Minimum Deed Restrictions and Subdivision Regulations. The granting of the variances would allow the petitioners to construct a new home.

No one from the public was present, and the City Clerk had not received any comments regarding the request.

AGENDA #8 “VARIANCE: 1533 CYPRESS ROAD” Mrs. Phillips told the Board that she and her husband were wanting to construct a home at this address. In working with their architect, they found that the property line to the north was not where they had believed it to be when they bought the property. In order to be able to have the driveway come out of the garage properly, they would need to shift the house farther to the south.

Mr. Abell pointed out that the Southcove Subdivision Trustees had submitted a letter indicating that they had voted to allow the Phillips’ home to be 50-feet from East Fork Lake rather than 75-feet. Additionally, the Code Enforcement Officer saw no problem with the request.

Referencing factors to consider in determining a zoning request, Mr. Abell believed that the request would not diminish property values. No one from the Board disagreed.

Mr. Abell felt that constructing a residence on the vacant property matched land development in the vicinity of the property. No one from the Board disagreed.

Mr. Ginder moved to approve a 50-foot setback on the south side of 1533 Cypress Road, seconded by Mr. Williams. Mr. Ginder, Mr. Williams, Mrs. Brazil, and Mr. Abell voted yes. There were no opposing votes. The motion carried.

AGENDA #9 “PUBLIC COMMENTS/PRESENTATIONS” No one from the public was present.

AGENDA #10 “ADJOURN” Mr. Ginder moved to adjourn, seconded by Mr. Williams. Mr. Ginder, Mr. Williams, Mrs. Brazil, and Mr. Abell voted yes. There were no opposing votes. The motion carried.

The meeting of the Board of Appeals adjourned at 7:07 p.m.

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