Agenda - Planning Commission - 02/02/2012

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Owners argue commercial horse boarding is agricultural use permitted in their zoning district • • • • • •• • • : • •• .• • •••••• •- •-•-•-••-•-••,•-• • •• ••• • • Zoning Bulletin November 10, 2011 'Volume 5 I No. 21 that the contested condition "was a reasonable means of assuring that the existing landscaped buffer, which was designed to screen the adjacent residential neighborhood from the effects of the shopping center, would be preserved." Thus, although the 10,000-square-foot proposed struc- ture was dimensionally code compliant, it could not be placed on the Property without encroaching on the existing Buffer. The Board's condi- tion of reduction in the size of the proposed structure had a reasonable relationship to ensuring the shopping center remained screened from the residential neighborhood. See also: International Innovative Technology Group Corp. v. Planning Bd. of Town of Woodbury, 20 A.D.3d 531, 799 N.Y.S.2d 544 (2d Dep't 2005). Uses—Village Orders Property Owners to Cease and Desist Commercial Horse Boarding Use Citation: LeCompte v. Zoning Bd. of Appeals for Village of Barrington Hills, 2011 IL App (lst) 100423, 2011 WL 4436247 (Ill. App. Ct. 1st Dist. 2011) ILLINOIS (09/21/11)—This case addresses the issue of whether prop- erty owners' commercial boarding of horses was an "agricultural" use, and thus permitted in their zoning district. The case involved statutory analysis. The Background/Facts: Dr. Benjamin LeCompte and Cathleen LeCompte (the "LeComptes") owned approximately 130 acres of prop- erty in an R-1 (residential) district in the Village of Barrington Hills, Illi- nois (the "Village"). The LeComptes' property consisted of a single-fam- ily residence, as well as a stable and a riding arena which was approxi- mately 30,000 square feet. Of the 45 horses boarded at the LeCompt- es' "Oakwood Farm," 35 were owned by third parties. In addition to commercially boarding horses, the LeComptes raised, trained, and sold horses. In January 2008, the Village's attorney delivered a cease and desist let- ter to the LeComptes. The letter stated that the LeComptes' property, Oakwood Farm, was being used as a commercial horse boarding fa- cility in violation of the Village's Zoning Code. The letter ordered the LeComptes to cease and desist using the property for the nonpermitted use. Under § 5-5-2 of the Village's Zoning Code, "agriculture" was a per- mitted use in an R-1 zoned district. Section 5-2-1 of the Code defined "agriculture" as: Itihe use of land for agricultural purposes, including © 2011 Thomson Reuters 7