East Central Reporter

City of Olney Board of Appeals met Sept. 3.

Here are the minutes provided by the board:

AGENDA #1 “CALL TO ORDER” The September 3, 2024, 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: Scott Jones, Bridgett Jensen, Brad Williams, Samantha Brazil, Pat Everette, and David Abell. Kurt Ginder was absent. Also present was City Clerk Kelsie Sterchi, Code Enforcement Officer Dallas Colwell, City Attorney Bart Zuber, and City Manager Allen Barker.

AGENDA #3 “APPROVE MINUTES OF THE BOARD OF APPEALS MEETING ON JUNE 3, 2024” Mr. Everette moved to approve the minutes from June 3, 2024, seconded by Mr. Jones. Mr. Jones, Mrs. Jensen, Mr. Williams, Mrs. Brazil, Mr. Everette, 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 hand, and “swear to tell the truth, the whole truth and nothing but the truth so help me God.” Jack Eyer, Gene Brauer, Caleb Brown, Karen Winkels, Jo King, Jackie Houchin, and Rodney Cast were sworn in.

AGENDA #5 “PUBLIC HEARING: VARIANCE REQUEST FOR 701 N. SILVER STREET” Jack Eyer/Silver School, LLC., had submitted a Requests for Weeds/Plants Height Variation for 701 N. Silver Street, Olney, Illinois, Property Index Number 06-34-450-071. The petitioner was requesting a variance in height restrictions for weeds and plants to allow for no height restrictions rather than the 12-inch height restrictions in Title 8 (Health and Safety) of the City of Olney Municipal Code. The granting of the variance would allow the petitioner to re-establish natural habitat and natural tree growth.

The City Clerk was in receipt of an anonymous letter of opposition to the variance request, and a petition of opposition signed by 60 individuals.

Mr. Abell read the portion of the City of Olney Municipal Code that described weeds as a nuisance. He then opened the floor to Mr. Eyer.

Mr. Eyer had recently purchased 701 N. Silver Street (Silver School). It was the only fully intact primary school that still remained in Olney prior to the current RCES. Over the years, Mr. Eyer had noticed the loss of several trees. This was also negatively affecting the squirrel and bird populations. Because of this, Mr. Eyer had constructed a plan that would help nature and keep the integrity of Silver School.

Mr. Eyer showed his site plan. He intended to re-expose the old school building by removing the front addition. He would leave the gym and would separate the northern part to use as an entertainment venue. He also intended to keep the grass areas mowed that would be directly surrounding the buildings. He would also mow an eight-foot border around the entire perimeter of the property. Ornamental trees and a possible fountain were also being considered.

Inside of the mowed perimeter would then be a four-foot perimeter of wildflowers. Mr. Eyer had spoken with IDNR and the U of I Extension Office in order to select the most appropriate types of wildflowers that would be in bloom from March through November of each year. Within that perimeter of color, Mr. Eyer hoped to allow nature to re-tree the property.

Mr. Eyer explained that in order for trees to thrive, they needed additional nutrients. As plants grew and then died, humus was then put into the soil and acted as God’s natural fertilizer.

Mr. Eyer displayed photos of areas around town where trees had grown naturally. The examples showed what the area would like between 2 and 40 years of growth. His goal would be to have a 60% tree canopy. He also guaranteed that he would not allow for the growth to creep into the wildflower areas.

In order to inform the public that the area was purposeful, Mr. Eyer planned to post signs around the perimeter that would indicate that the area was being re-treed and was acting as an area for pollinators.

If Mr. Eyer were younger, he admitted that he would plant trees in fervor himself. Because he was no longer as young as he would like, he felt that he needed God’s help to re-tree the area. Even so, Mr. Eyer planned to still physically plant some trees. He was most interested in planting fruit and nut trees at a rate of one per week.

Mr. Brauer then approached the Board. Mr. Brauer encouraged the Board to honor Mr. Eyer’s request for variance. Granting the variance would indicate that the Board was in favor of natural trees and underbrush. Not granting the variance would mean the Board was not in favor of natural trees and underbrush. Additionally, if the variance was denied, Mr. Brauer asked what the Board would do regarding the other areas of town that had grown up with brush. If those property owners were not asked to remove such growth, he felt that the City would not be enforcing its laws. He felt that the request was “all or nothing.” Lastly, he wondered if the Board could grant a partial variance that would allow for a variance on only a portion of 701 N. Silver Street.

Ms. Houchin then approached. Ms. Houchin was a long-time neighbor to Silver School, and she also had fond memories of the neighborhood. While Mr. Eyer stated good intentions, she felt that the good intentions were lofty. She stated that she and some of the other neighbors took pride in the properties and took effort in keeping what they could in good order. If this variance was granted, she felt that Silver School would become an eyesore in the middle of town. Additionally, she felt that granting the variance would set a poor precedent.

Ms. Winkels spoke next. She was involved with the Prairie Restoration Project at OCC, and she also had made efforts to plant native wildflowers at her own property. She supported Mr. Eyer’s effort to bring more trees. While she had seen a lot of growth in town, she noted that it did come with a cost. All of that being said, Ms. Winkels conceded that this particular property was not neighboring her home. Even so, she felt that since Olney was a Tree City U.S.A., then it should promote efforts to bring trees into the community.

Mrs. King approached the podium. She lived right across the street from Silver School and admitted that Mr. Eyer’s plan sounded lovely. Should Mr. Eyer promote trees such as hickory, and walnut, she would be in favor of the variance request. Mrs. King would not be in favor of soft maples or cottonwoods. If the area was not strictly maintained, she would be in opposition of the request.

Mr. Brown understood that Mr. Eyer had intentions to maintain the property to a high standard, but Mr. Brown wondered what would happen to the area when Mr. Eyer was no longer able to maintain that level of care.

Mr. Cast told the Board that he also wanted to let some of his property grow up because it took him several hours and dollars to maintain what he owned. He asked the Board if he could also not mow.

While Mr. Abell believed Mr. Eyer to be a man of his word, he also recognized that variances stayed with the property and not with owners. Mr. Eyer asked if the variance could be written to expire past his ownership. The Board indicated that could not happen.

Mrs. Jensen asked how Mr. Eyer planned to keep up with the task of fending off invasive plants. Mr. Eyer replied that he planned to use Round Up or his bare hands. Mrs. Jensen was shocked. She felt that weeding over two acres of ground by hand would be an overwhelming full-time job itself. If not properly weeded, Mr. Eyer should not expect to see natural trees but would rather have invasive trees. Mr. Eyer told Mrs. Jensen that would act as his motivation.

Mr. Abell asked if Mr. Eyer had considered simply planting several trees. Mr. Eyer had considered that as an option but felt it would cost too much in purchases and labor. If this variance request was granted, he again promised to still plant one tree per week.

Mr. Abell liked Mr. Eyer’s plan but wondered if there could be some sort of a compromise that would not allow for the “ugly duckling” stage between the start and having several trees in the ground.

Mr. Eyer stated that the care of this property would become his whole life and also his legacy.

Mr. Eyer had mentioned not being young enough to plant several trees. Mrs. Jensen was curious of his age. Mr. Eyer replied that he was 66 years old.

Mr. Everette felt that trees could be planted with the area still being mowed. Mr. Eyer again stated his desire for the growth of natural trees.

Mr. Abell reminded the Board that their only consideration was whether or not to grant the variance as requested.

Mr. Williams noted that the ordinance did allow for ornamental trees.

Mrs. Brazil asked if young trees could be flagged as they came up with the rest of the area and then mowed. Mr. Eyer explained that it typically took about two years for a seedling to come up from under grasses.

Mrs. Brazil also thought that Mr. Eyer’s plan was beautiful, but she was not in favor of granting a lifelong variance.

Mr. Eyer could not understand how the Board would not allow for nature to plant trees but would allow him to physically plant trees. He again pledged his life to re-tree the area. Mr. Cast volunteered to help Mr. Eyer plant trees.

From the audience, a woman wished to speak. Mrs. Sterchi asked her to raise her right hand, and “swear to tell the truth, the whole truth and nothing but the truth so help me God.” Jodie Burdette was sworn in. Ms. Burdette complained that there were already several deer and mosquitoes in the area. Her daughter was also allergic to butterflies. Because of this, she was not in favor of anything being added that would promote the addition of these creatures.

AGENDA #6 “WEEDS/PLANTS HEIGHT VARIANCE: 701 N. SILVER STREET” Mr. Williams moved to deny the weeds/plants height variance request for 701 N. Silver Street, seconded by Mr. Jones. Mr. Jones, Mrs. Jensen, Mr. Williams, Mrs. Brazil, Mr. Everette, and Mr. Abell voted yes. There were no opposing votes. The motion carried.

AGENDA #7 “PUBLIC COMMENTS/PRESENTATIONS” No one from the public was present.

AGENDA #8 “ADJOURN” Mr. Abell moved to adjourn, seconded by Mr. Everette. Mr. Jones, Mrs. Jensen, Mr. Williams, Mrs. Brazil, Mr. Everette, and Mr. Abell voted yes. There were no opposing votes. The motion carried.

The meeting of the Board of Appeals adjourned at 7:35 p.m.

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