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County Committee Overrides Zoning Decision on Landscaping Firm

EDWARDSVILLE – A request for a special use permit denied by the Madison County Zoning Board of Appeals has been approved by the Madison County Board’s Building & Zoning Committee and will now go to the full county board for final action.

Because of a technical issue the request will require a supermajority of 20 county board members for approval.

In the disputed issue, property owner Ryan Lybarger and Jason Askew had sought a special use permit to operate a landscaping business near Troy on agricultural property in Jarvis Township along Troy Road.

Lybarger had made a similar request last year, which was approved by the ZBA and Building & Zoning Committee but turned down by the county board in a 17-8 vote. The measure was originally announced as being passed, but it was later determined it needed the supermajority vote and failed.

In March the ZBA denied another request for the special use permit 4-2.

However, the Building and Zoning Committee unanimously approved the request after considerable discussion. There has been opposition from neighbors, including letters, a petition and several speakers at the committee meeting. Residents discussed negative impacts on the neighborhood, including drainage and increased traffic.

Building & Zoning Administrator Chris Doucleff on Thursday confirmed a supermajority, or three-fouirths of all board members, will be required for passage.

The committee also approved five other requests, all approved unanimously by the ZBA. Two involved horses and two involved chickens.

• Jillian Chance and Brian Chance, owners of residential property at 672 E. Vandalia Street, Edwardsville, had requested a special use permit to keep chickens at the property, and a variance for a chicken coop and run 13 feet from the east property line, instead of the required 20 feet. They are currently in violation for keeping chickens without a special use permit, and said they did not realize it was a requirement.

There was one letter from an adjoining landowner expressing concerns, including that they were in the process of selling their property and did not want to make decisions that the new owners would have to deal with.

Committee Chairman Mick Madison, R-Bethalto, who was participating via telephone, questioned whether they should wait 60 days to allow the sale and consider the new owner’s wishes, but Doucleff said it would not be an issue.

• A special use permit request by Timothy Smith to keep chickens in a residential part of Chouteau Township at 520 English Place, Granite City, was approved. However, the number of chickens was limited to five rather than the requested seven. There were three letters of opposition.

• Leaning Fence Therapy Center LLC, and owners George and Jennifer Koranyi, had requested a special use permit for a Type B home occupation to operate an equine therapy center at 8453 S. Schiller St., Dorsey The area is zoned “A” Agricultural. Jennifer Koranyi is a licensed clinical social worker who uses horses in therapy.

• James and Amy Castelli had requested rezoning of 5.08 acres from “R-2” Single-Family Residential to “A” Agricultural to allow the operation of a riding academy at 2866 Idle Acres Lane, Edwardsville. James Castelli said they needed the rezoning for insurance purposes.

• A request by Gary Stahlhut on behalf of property owner Scott Stahlhut for a variance at 11513 Hoyt Monken Road, Highland, to allow construction of an addition to a single-family residence that will be 38 feet from a private roadway easement, instead of the required 50 feet, also was approved.

Source : The Telegraph