ZONING BOARD OF APPEALS REPORT TO THE MCHENRY COUNTY BOARD - #2023-021
1. APPLICANT: Henri and June Giugni
2. REQUEST: A-2 Agriculture District to A-1 Agriculture District on 6.467 acres and Conditional Use Permit to allow a Reception Facility and Arts Studio on 2.673 acres
3. LOCATION AND SIZE OF PROPERTY IN QUESTION: The subject property is located on the East side of Lincoln Road, approximately two-thirds (2/3) of a mile from the intersection of Lincoln Road and Irish Lane, in Hartland Township.
4. DATE AND TIME OF HEARING AND VOTING MEETING: June 27, 2024, 1:30 PM
5. LOCATION OF HEARING AND VOTING MEETING: County Board Conference Room, 667 Ware Road, Woodstock, Illinois
6. PRESENT AT HEARING:
A. ZBA Members: Linnea Kooistra – Chair, Vicki Gartner – Vice Chair, Charles Eldredge, Robert Kosin, Kurt Schnable, Thomas Jurs, Mary Donner
B. Witness: Henri Giugni
C. Attorney: Jim Militello
D. Public: Anna Kurtzman – County Staff, Kit GearhartSchinske – County Staff, Joanne Nielsen, Linda Schwartzhff, Rick Schwartzhoff, Tracy Schatteman, Amanda Nielsen, Sam Schatteman, Charlotte Schiller, Larry Gehant, Thomas MacDonald, Judy MacDonald, Mary L. Stasiek, Jean Reckhamp, Tom Scaletta, Shannon Rode, Babette Scaletta, Rick Miller, Debbie Ekstrom, Bruce Ekstrom, Kirk V. Wollcek, Katelyn Davis, John Stasiek, David Menge, Jack Makowski, Bobbie Fisher
7. ITEMS OF EVIDENCE: Petitioner’s application, petitioner’s exhibits submitted with application, the written responses to the Approval Standards for Conditional Use Permit, the Staff Report, the minutes of the January 3, 2024 Staff Plat Review Committee meeting, and testimony presented during the hearing for the map amendment and the conditional use permit
8. SUMMARY OF TESTIMONY AT HEARING: Ms. Kooistra opened the meeting. The board members introduced themselves. Ms. Kooistra swore in the applicants, staff, and the public.
Mr. Militello introduced himself and the application. Mr. Militello asked that the petitioner’s application, petitioner’s exhibits submitted with the application, the written responses to the Approval Standards for Conditional Use Permit, the Staff Report, the minutes of the January 3, 2024 Staff Plat Review Committee meeting, and testimony presented during the hearing for the map amendment and the conditional use permit be and entered as evidence. Ms. Kooistra accepted the items into evidence. Mr. Militello went through the approval standards for map amendments and for a conditional use permit. Mr. Militello addressed concerns raised in the objection letter.
Ms. Donner asked if there were objections from the township or highway department. Mr. Militello stated that there were not. Ms. Donner asked when the applicant purchased the property. Mr. Giugni answered that it was 1984 or 1985.
During his opening remarks, Mr. Militello noted that the maximum amount of time that the tent could be erected was sixty (60) days. Mr. Kosin sought clarification. Mr. Militello stated that code 15.22.010 addresses temporary structures. Staff explained that this reference is in the building code. Under this section of code, the maximum amount of time that a building permit for a temporary structure may be valid is sixty (60) days.
Mr. Kosin asked how long the privies and the water stations will be on site. Mr. Militello stated that they would be removed immediately following the events. Mr. Kosin asked if Mr. Giugni has any experience with hosting events. Mr. Giugni stated that the first wedding was last year for a housekeeper. He stated that no money had been exchanged. He stated that they had an event last weekend with forty (40) cars for one hundred twenty-six (126) people under a Temporary Use Permit. Mr. Giugni stated that he is involved as the property owner, but he will hire professionals as needed.
Mr. Eldredge inquired about the existing conditional use is on the property immediately adjacent to the subject property. Staff answered that it is for a personal cemetery for the applicant’s family.
Ms. Gartner asked if the petitioner would be amenable to a condition to restrict the music to certain hours. Mr. Militello stated that they would.
Mr. Jurs asked if the reception venue business goes well, will the applicant move towards a permanent facility on the site. Mr. Militello stated that that was the intent when the application was made, but the applicant has decided not to move forward with a permanent facility. Mr. Jurs asked if the music will be inside the domed structure. Mr. Giugni stated that the music will be inside the structure and will cease at 11:00 PM.
Ms. Kooistra stated that the dome structure used to be the applicant’s aviary and has been moved to the circle in the center of the CUP area and is now furnished with a dance floor and tables, for a wedding. She questioned if all events will be contained within the dome. Mr. Giugni answered that that is correct. Ms. Kooistra asked if the music will be from 8:00 PM to 11:00 PM and would not be louder than what the people inside the dome could handle. Mr. Guigni answered that that is correct.
Staff asked Mr. Giugni to list his website because he previously referenced it during his testimony. Mr. Giugni stated that the site is castlepark.biz. Staff asked for clarification on the dimensions of the dome. The site plan indicates that the tent is fifty (50) x fifty (50) feet. Mr. Giugni stated that the dome is sixty (60) feet diameter. He stated that the square foot area of a fifty (50) x fifty (50) foot tent is the same as the square foot area of the sixty (60) foot diameter dome which is two thousand five hundred (2,500) feet.
Ms. Gartner asked if there will be lights outside the tent. He stated that there are lights on a tower outside the house that face down. They light up the entire area and the parking lot. She asked if he would mind a time limit on the lights as a condition. Mr. Giugni stated that he would not mind.
Ms. Kooistra opened the floor to questions by the public.
Jack Markowski asked if the structure is a dome or a band shell and will it contain the noise. Mr. Militello showed him a picture of the structure. Mr. Giugni stated that it will not completely block the noise.
John Stasiek asked if the parking for forty-eight (48) spots specifies the type of vehicles. Mr. Militello showed him the site plan and stated that it specifies car parking.
Debbie Ekstrom asked if the permit allows more than twelve (12) events per year and can subsequent owners change their mind. She asked if the music could be extended longer than the time limit. Mr. Militello stated that any conditions placed on the CUP will have to be abided by the new owner. Mr. Militello stated that the twelve (12) events per year is what Mr. Giugni wants, but a new owner may or may not want to have more or less.
Tracy Schatteman asked what can be done to mitigate the noise because they heard it until midnight and over the seventy (70) miles per hour wind. Mr. Militello stated that the neighbor is about two thousand (2,000) feet away.
Richard Miller asked what the dome is made from. He stated that the music was loud the previous weekend. He asked what the county’s noise ordinance is? Ms. Kooistra stated that the county does not have a noise ordinance and the board can put a condition on it for the noise hours. Mr. Miller asked if the applicant would do anything to minimize the road conditions that will be caused by increased traffic.
Staff gave their report. The request consists of two (2) components; the reclassification from A-2 to A-1 and superimposed on a portion of the reclassification is a request for a reception facility and an art studio. The zoning in the area is “A-1” Agriculture with the exception of the “A-2” Agriculture area owned by the Giugni family. Surrounding land uses are predominantly agricultural or undeveloped. There are some single-family homes in the area primarily to the west. Future land use is a combination of agricultural and environmentally sensitive areas. Staff stated that the board may recommend conditions based on time limits for music, time of year, time of day for events, number of events. Enforcement of the number of events will be problematic as we cannot send staff out every weekend to inspect. The intent of the parking spaces as indicated by the site plan are designed for standard passenger vehicles. A bus would take up several spaces.
Mr. Kosin asked, if during the course of construction of the existing house, was the property cited for failing to abide by the ordinances of the county. Staff did not know that information at this time.
Mr. Eldredge asked if the liquor license would need to be applied for by the caterer for each event. Staff stated that the vendor would need to apply for the license for the event and that our Administration Department administers that program. Mr. Eldredge asked what the requirements regarding the portable toilets and washing stands are. Staff stated that the Environmental Health Department monitors portable restrooms. Mr. Eldredge asked if the outdoor lighting meets the county ordinances for commercial lighting and light pollution. Staff stated that they are unaware that the ordinances require lighting to be provided. If they choose to provide lighting, it would have to meet the code requirements. Mr. Eldredge asked if someone cared to monitor the number of events, would the county address it in the event of a violation. Staff stated that it would be addressed but it would be difficult to prove. The complainant would have to provide applicable proof to the Zoning Enforcement Officer.
Ms. Kooistra opened the meeting to public comment.
Katelyn Davis stated that she lives on Lincoln Road and commented that the property is beautiful and well kept. She stated that a wedding venue will improve the economy in Harvard because it could bring business to local restaurants, hotels, florists, photographers and the bed and breakfast on Lincoln Road. She stated that the bed and breakfast on Lincoln Road also brings traffic to the street.
David Menge commented that the area is peaceful and commented that noise travels extensively. He stated that he wants to keep the neighborhood peaceful and quiet.
Tom McDonald stated that Lincoln Road is a gravel road and a cloud of dust floats over his property every time a vehicle uses the road. He stated that he heard the music last Saturday over the storm.
Tracy Schatteman discussed approval standard number 6 which states that adequate access roads must be provided. She stated that the road is not paved and is in poor condition. She stated that the road creates a dust storm and is full of potholes. The potholes extend across the road and are unavoidable. She stated that the extra traffic will cause an undue burden on the townships as well as neighbors. Townships do not have funding to improve the roads.
Debbie Ekstrom expressed concern that any subsequent owner will be able to engage in the CUP as a full-time endeavor. She asked if a condition could be placed on the permit which would cause the CUP to expire upon sale. Ms. Kooistra stated that is not possible.
Sam Schatteman stated that the petition does not meet approval standards 3 and 4 because they will be disturbed by the use. The music will be detrimental to the quiet country living that the neighbors enjoy. Approval standard 5 will be affected as property values will be negatively affected. He stated that drunk drivers are a safety concern.
Richard Miller stated that approval standard number 2 is not compatible with the existing neighborhood. Regarding approval standard 4, the roads are not adequate. He stated that the CUP will only bolster Mr. Giugni’s property value and will be a negative impact on neighboring property values. He commented that only one (1) property was required to be notified, but because of the amount of property Mr. Giugni owns maybe additional notices should have been considered. Mr. Miller asked the ZBA to please consider adding a maximum decibel level and to ban alcohol as conditions to the CUP.
Mary Stasiek stated that overall Mr. Giugni has been a wonderful neighbor. She stated that last weekend the party went on to midnight. She stated that being a good neighbor that Mr. Giugni is, maybe there is something that he can do to buffer the noise.
Mr. Militello gave his closing statement. He stated that they are trying to be good neighbors. He agrees with the conditions being proposed. He stated that they have met the approval standards for reclassification and for the conditional use permit.
Ms. Kooistra closed the testimony portion of the hearing.
9. SOIL AND WATER CONSERVATION DISTRICT REPORT:
For further information refer to report number: L23-038-4498.
10. ILLINOIS DEPARTMENT OF NATURAL RESOURCES:
The consultation was not required for this application.
11. SUMMARY OF VOTING MEETING DISCUSSION:
Chair Kooistra opened the voting meeting immediately following the hearing. She read the conditions into the record.
Ms. Gartner proposed a condition that the venue lighting be turned off by midnight. Mr. Eldredge seconded the motion. Ms. Donner stated she would like to amend the motion to state that the electrified lighting be downward as in the dark skies ordinance. No second. Request to amend the motion failed. Motion to add a condition whereby venue lighting be turned off by midnight carried (7-0).
Ms. Gartner proposed the condition that there be no live or amplified music after 11:00 pm. Mr. Eldredge seconded the motion. Motion carried (7-0).
Ms. Gartner proposed that the conditional use be limited to twelve (12) events that have live or amplified music per calendar year. Mr. Schnable seconded the motion. Motion carried (6-1).
Ms. Donner motioned to amend condition number three (3) to state that portable restrooms be removed within seventy-two (72) hours of the event. Mr. Eldredge seconded the motion. Motion carried (7-0).
Mr. Kosin proposed that the conditional use be limited to five (5) years. No second. Motion failed.
Moved by Mr. Eldredge to accept the proposed conditions. Ms. Gartner seconded the motion. Motion carried (7-0).
Mr. Eldredge moved acceptance of both the request to reclassify and the conditional use permits subject to conditions. Ms. Gartner seconded the motion.
Mr. Eldredge stated that the map amendment is in an area that is surrounded by “A-1” Agriculture. The issues raised for the conditional use has been addressed by the conditions placed on the CUP. Fifty (50) cars do not have a significant impact on the roads. He noted that music carries. It is not a densely populated area. It was noted that only one (1) property owner was close enough requiring notification. That is evidence of how sparsely populated the area is. The conditions placed on the property balance the rights of the property owner with the rights of the neighbors. The exclusion of the dwelling from the CUP makes it virtually impossible for a subsequent owner to expand the CUP without coming back to the Board.
Ms. Gartner stated that this use is small in comparison to agritourism, etc. The standards have been met.
Mr. Kosin stated that it is not the board’s venue to address litter, noise, etc.
Ms. Kooistra stated that the standards have been met. The conditions address the concerns while weighing the needs of the property owner as well. Motion carried (7-0).
12. FACTS THAT SUPPORT RECOMMENDING APPROVAL OF THE REQUEST:
• The standards for map amendment have been met.
• The surrounding zoning is “A-1” Agricultural District.
• The surrounding land use is agricultural.
• The standards for conditional use have been met.
• Conditions have been placed upon the CUP to address the concerns raised by the public.
13. FACTS THAT SUPPORT RECOMMENDING DENIAL OF THE REQUEST:
• An objection letter was received.
14. MOTIONS:
Ms. Gartner proposed the condition that the venue lighting be turned off at midnight. Mr. Eldredge seconded the motion. Ms. Donner stated she would like to amend the motion to state that the electrified lighting be downward as in the dark skies ordinance. No second. Request to amend the motion failed. Motion to add a condition whereby venue lighting be turned off by midnight carried (7-0).
Ms. Gartner proposed the condition that there be no live or amplified music after 11:00 pm. Mr. Eldredge seconded the motion. Motion carried (7-0).
Ms. Gartner proposed that the conditional use be limited to twelve (12) events that have live or amplified music per calendar year. Mr. Schnable seconded the motion. Motion carried (6-1).
Ms. Donner motioned to amend condition number three to state that portable restrooms be removed within seventy-two (72) hours of the event. Mr. Eldredge seconded the motion. Motion carried (7-0).
Mr. Kosin proposed that the conditional use be limited to five (5) years. No second. Motion failed.
Moved by Mr. Eldredge to accept the proposed conditions. Ms. Gartner seconded the motion. Motion carried (7-0).
Mr. Eldredge moved acceptance of both the request to reclassify and the conditional use permits subject to conditions. Ms. Gartner seconded the motion. Motion carried (7-0).
15. VOTE:
7 – AYES; 0 – NAYS; 0 – ABSTAIN
GOES TO COUNTY BOARD WITH ZBA RECOMMENDATION FOR Approval of the requested Reclassification from A-2 Agriculture to A-1 Agriculture and Approval of the Conditional Use Permit for a Reception Facility and Arts Studio subject to the following conditions:
1. The Conditional Use shall expire ten (10) years from the date of approval by the McHenry County Board.
2. The Conditional Use shall substantially conform to the Site Plan listed as Exhibit “E” stamped received May 13, 2024.
3. Temporary portable restrooms must be removed within seventy-two (72) hours after each event.
4. All other federal, state, and local laws shall be met.
5. Venue lighting must be turned off by midnight.
6. No live or amplified music after 11:00 PM.
7. Events that have live or amplified music shall be limited to twelve (12) events per calendar year.
Full Comments and complete application submittal for the above agenda items are available on the McHenry County Meeting Portal.