Variance Application

HORSES FOREVER LLC

VILLAGE OF WELLINGTON

December 10, 2009

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North

Subject Property

Wellington Preserve

PUD

AntheaChristian

Helen VarbleFarms Inc.

Jeffrey Prudden

Equestrian Preservation Overlay Zone-EOZ

Helen VarbleFarms Inc.

4.77 acres

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Existing Barnbuilt in 2007

Existing single family residential built in 1976

55th St S.

130th Ave S.

N

View from 55th St S

Existing single family residential

Barn elevation facing East

Rear setback facing West

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Horses Forever LLC is respectfully

requesting

variance for a rear setback

44' 8" instead of 100’

November 4th meeting Equestrian Preserve

Committee unanimously

recommended approval of

variance

44’ 8”

VarbleFarms Inc.

2006

• July - Horses Forever LLC purchased 4.77 acres / Single family residence built in 1976

• Nov - Temporary Tent- Special Use Permit

2007

• July - Horses Forever LLC signed contract with Garret Construction Corporation to build a permanent barn

• Sept. 21st - Initial inspection by Village – No building permit

• Contractor claimed – Ag Exempt Property – Building permit is NOT required

2008

• May - Village’s Building Official advised - property was NOT required a building permit- Required: Agricultural Verification Permit for

Planning, Zoning and Engineering Review

• May 29th – Village issued Notice of Violation – LDR 6.10.12 B&D-Table E

2009• March - Process for Ag Review Permit

• April - Variance Application as part of process

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1 SPECIAL CONDITIONS AND CIRCUMSTANCES EXISTS

Combined special conditions and circumstances exits that are peculiar to this structure

Garret Construction Corporation

Did Not comply with Contract Agreement

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 theContractor for the Building and Zoning Department. TheContractor shall provide all building permits required for Buildingand Zoning and the owner will pay all the Contractor for all out ofpocket expense and fees for the permits, impact fees if any andother related costs if applicable”

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TABLE E DOES NOT INCLUDE PROVISIONS FOR AG EXEMPT PROPERTIES -Agricultural Review Permit

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2 NOT THE RESULT OF THE APPLICANT

Horses Forever LLC DID NOT cause existing conditions“As previously stated Garret Construction Corporation did not properly obtain all required permit” (Village’s Staff Report)

NO SPECIAL PRIVILEGE CONFERRED

Granting Variance Request WILL NOT confer special privilege denied by Comprehensive Plan and Code

“Other applicants could apply to the Village for a variance review and go through the public hearing process” (Village’s Staff Report)

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4 LITERAL INTERPRETATION CONSTITUTES UNNECESSARY AND UNDUE HARDSHIP

Barn Construction Cost of $304,064

Strict enforcement of LDRs would cause severe economic hardship -possible bankruptcy

“However, demolishing the barn or reducing the size of the barn would cause an unnecessary and undue hardship” (Village’s Staff Report)

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5 VARIANCE IS MINIMUM TO MAKE POSSIBLE REASONABLE USE OF LAND, BUILDING OR STRUCTURE

Granting variance of 44’8” rearsetback instead of 100’ - minimumvariance for reasonable use of theexisting barn

Village has NOT received complaintsfrom neighbors. Barn was built in2007.

“It would be unreasonable todemolish the two-year old barndue to the fault of GarretConstruction Corporation notobtaining the required permit”(Village’s Staff Report)

44’ 8”

VarbleFarms Inc.

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6 CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS

Equestrian estate developed by Horses Forever LLC

is consistent and compatible with rural equestrian character supported by the Village’s

Comprehensive Plan (Goal 1.0)and LDRs (Equestrian Preservation

Overlay Zone-EOZ)

Horses Forever's stable blends in, and it is consistent with the rural character of the area

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7 NOT DETRIMENTAL TO THE AREA INVOLVED AND THE PUBLIC 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

Varble Stables Inc.

Horses Forever LLC

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50’

Varble Stables Inc.

VarbleStables Inc.

Horses Forever LLC

Existing Barn

50’

Minimum setbacks for future house or barn

Horses Forever LLC

100’

55th Street

It was NOT a malicious and 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

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SUMMARY OF FACTS

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THANK YOUQUESTIONS/COMMENTS

Consultants