Variance application horses forever llc


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Variance application horses forever llc

  1. 1. Variance ApplicationHORSES FOREVER LLC VILLAGE OF WELLINGTON December 10, 2009
  2. 2. Subject Property Jeffrey Prudden NorthHelenVarbleFarmsInc. Anthea Wellington Christian Preserve PUD 2 2
  3. 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 residentialRear setback facing West residential built in 1976 Existing Barn built in 2007 4.77 acres Equestrian Preservation Overlay Zone-EOZ 3
  4. 4. Horses Forever LLC is respectfully requesting variance for a rear setback 44 8" instead of 100’VarbleFarmsInc. November 4th meeting Equestrian Preserve Committee unanimously recommended 44’ 8” approval of variance 4
  5. 5. • July - Horses Forever LLC purchased 4.77 acres / Single family residence built in 19762006 • 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 permit2007 • 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 for2008 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 Permit2009 • April - Variance Application as part of process 5
  6. 6. 1 SPECIAL CONDITIONS AND CIRCUMSTANCES EXISTSCombined special conditions andcircumstances exits that are peculiarto this structure Garret Construction Corporation Did Not comply with Contract Agreement 6
  7. 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
  9. 9. 2 NOT THE RESULT OF THE APPLICANTHorses Forever LLC DID NOT causeexisting conditions“As previously stated Garret ConstructionCorporation did not properly obtain allrequired permit” (Village’s Staff Report) 3 NO SPECIAL PRIVILEGE CONFERREDGranting Variance Request WILL NOT conferspecial privilege denied by Comprehensive Planand Code“Other applicants could apply to theVillage for a variance review and gothrough the public hearing process”(Village’s Staff Report) 9
  10. 10. 4 LITERAL INTERPRETATION CONSTITUTES UNNECESSARY AND UNDUE HARDSHIPBarn Construction Cost of $304,064Strict enforcement of LDRs wouldcause severe economic hardship -possible bankruptcy“However, demolishing the barn orreducing the size of the barn wouldcause an unnecessary and unduehardship” (Village’s Staff Report) 10
  11. 11. 5 VARIANCE IS MINIMUM TO MAKE POSSIBLE REASONABLE USE OF LAND, BUILDING OR STRUCTUREGranting variance of 44’8” rearsetback instead of 100’ - minimumvariance for reasonable use of theexisting barnVillage has NOT received complaintsfrom neighbors. Barn was built in2007. Varble Farms Inc.“It would be unreasonable todemolish the two-year old barn 44’ 8”due to the fault of GarretConstruction Corporation notobtaining the required permit”(Village’s Staff Report) 11
  12. 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 Forevers stable rural equestrian characterand 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) 12
  13. 13. HorsesForever 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. 14. Minimum setbacks for future house or barn Horses55th Street Forever LLC Varble Stables Inc. 100’ Existing Barn 50’ 50’ Varble Horses Stables Inc. Forever LLC 14
  15. 15.  It was NOT a malicious andSUMMARY 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
  16. 16. THANK YOU QUESTIONS/COMMENTSConsultants 16