Peoria Standard

Peoria County Zoning Board of Appeals met Dec. 9.

Here are the minutes provided by the board:

A meeting of the Peoria County Zoning Board of Appeals was held in Room 403 of the Peoria County Courthouse, 324 Main Street, Peoria, Illinois. The meeting was called to order by Chairperson Linda O’Brien, at 9:00 a.m.

PRESENT: Linda O’Brien – Chairperson, Andrew Keyt – Vice Chairperson, Greg Happ, Jim Bateman, J. Greg Fletcher, Leonard Unes, Robert Asbell

ABSENT: Justin Brown, John Harms

STAFF: Kathi Urban – Director

Taylor Armbruster – Planner I

Jack Weindel – Planner I

Jennie Cordis Boswell – Chief Civil Assistant State’s Attorney

Sarah Cox – ZBA Administrative Assistant

Mr. Happ made a motion to approve the minutes from the November 11, 2021 hearing and was seconded by Mr. Asbell. A vote was taken, and the motion passed; (7-0)

Case No. ZBA-2021-000043 at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of FOUR CREEKS, LLC (A limited liability company, Caton Fenz – authorized agent, of 1001 McKinney, Suite 700, Houston, TX 77002), acting on behalf of SONIA A. AND GALE A. STOLLER (owners), a SPECIAL USE as required in Section 20-5.1.3.3.d of the Unified Development Ordinance. This section allows for meteorological towers, provided that the conditions in Section 5.14.3-3 (Meteorological Towers) are met, in the "A-1" Agricultural Preservation Zoning District.

Ms. Urban opened the case. There are 0 consents and 0 objections on file. The case was published in The Peoria Journal Star on November 18, 2021, and The Weekly Post on November 18, 2021. Jack Weindel gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Agriculture Preservation). The site plan and three videos of the property were shown. The property is zoned “A-1”.

Kelly O’Brien of 501 W 16th Street, Houston, TX, and Kyle C. Barry of McGuire Woods, 1 NW Old State Capitol Plaza, Suite 410, Springfield, IL were sworn in.

Ms. K. O’Brien stated that she represents Four Creeks, LLC, a wholly owned subsidiary of ConnectGEN, LLC, a company that develops renewable energy projects. ConnectGEN is backed by a private equity firm, Quantum Energy. Ms. K. O’Brien stated that they are requesting special use permits for a temporary meteorological tower, and there are three similar applications. Ms. K. O’Brien gave a presentation that covers all three applications. According to Ms. K. O’Brien, the towers will meet all the requirements set forth in Section 5.14.3-3. All three of the locations are in northwest Peoria County. There are agreements in place with the landowners for installation of the tower. They worked with the owners in a way to minimize the impact to the agriculture row cropping on each parcel. The towers will take out about 2.5 acres of row crop production, mainly because the guy wires will prevent entrance of farm equipment into that area. The towers are 60 meters tall, approximately 196 feet in height. They are painted with alternating bands of orange and white. There is no type of foundation, but the base of the tower is secured to the ground through a metal base plate that is anchored into the ground and supported by a system of guy wires extending in 4 direction and anchored approximately 164 feet from the base. The guy wires are secured with screw in anchors with a depth of approximately 3-5 feet. Marker balls and bird diverters will be installed on the guy wires to minimize potential bird collisions. The base and guy wire anchors will be fenced to prevent interactions with livestock or wildlife. Ms. K. O’Brien stated, that once installed, the towers operate automatically and require little maintenance, so there will not be any onsite crews. Each tower has a small solar panel that powers a black box that collects and sends the wind data via cellular service. There are six anemometers on each tower, two each at three different heights (65 feet, 130 feet, and 196 feet). The anemometers are approximately 11.5 inches tall and 9.5 inches in diameter, and they are high off ground, so they aren’t very visible. Two wind vanes, that measure approximately 8.5 by 4.5 inches, point in the direction the wind is moving and are located at 65 feet and 187 feet on the tower.

Ms. K. O’Brien stated that installation is very easy. The technicians will access the sites using standard pickup trucks and a trailer to haul the equipment. They will be using existing roads and landowner approved access points into each parcel. The installation includes installation of the tower base plate, guy wire anchors, and fencing placed around the wires. Installation takes about 2 days, depending on the location and weather conditions. There is no need for new roads or road improvements, and given the short duration and minimal equipment, there will be no impacts to traffic. Ms. K. O’Brien also stated that even though this takes out approximately 2.5 acres of row crop production, it does not prevent other types of plantings.

Mr. Bateman asked how the data that is collected is transmitted. Ms. K. O’Brien stated that it is transmitted through cellular link.

Chairperson O’Brien asked if there was any type of noise associated with the towers. Ms. K. O’Brien stated that there is no noise or any lights on the towers.

Mr. Fletcher confirmed that no electricity would need to be run to the tower. Ms. K. O’Brien stated that no utilities are required, because the solar panel provides all the power needed. Mr. Fletcher stated that he understands that installation takes about two days. Ms. K. O’Brien confirmed that this is the case, however, it could take a couple extra days based on weather conditions, or if there is a smaller crew working. Ms. K. O’Brien stated that they would like to get the towers installed prior to crops being planted, as crops could slow down installation. Mr. Fletcher asked if the two days included installation of the fencing and wires around the tower. Ms. K. O’Brien confirmed that it did.

Mr. Happ asked if the anemometer caused any noticeable flicker. Ms. K. O’Brien stated that it did not.

Chairperson O’Brien asked if the Board had any additional questions. There were none. Chairperson O’Brien asked if there was anyone that wanted to speak for or against the petition. Patrick Meyer of 15109 W. Bittersweet Ct., Brimfield, IL was sworn in. Mr. Meyer stated that he is not in opposition of the project, but he represents Millbrook Township and wanted to clarify that the Township has a right-of-way permit ordinance. They want to make sure those requirements are in place prior to construction of the towers. Ms. K. O’Brien stated that they are happy to work with the township, but they don’t need any road access because they will be using the same access as the landowners. Mr. Meyer stated that, because of the excessive equipment that is not ordinary to the roadway, as a precaution, they need a financial surety in place. After the project, the township pays back the surety. Ms. K. O’Brien stated that the only equipment is pickup trucks and a trailer, and they are considerably less weight and size than farm equipment. Chairperson O’Brien stated that Ms. K. O’Brien and Mr. Meyer would need to work this out separately, as this didn’t have anything to do with the ZBA case.

Chairperson O’Brien asked if there was anyone that wanted to speak for or against the case. There was no one. Chairperson O’Brien asked if there were any other questions. There were none.

Mr. Fletcher made a motion to close and deliberate and was seconded by Mr. Keyt. A vote was taken, and the motion passed; (7-0)

Case No. ZBA-2021-000044 at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of FOUR CREEKS, LLC (A limited liability company, Caton Fenz – authorized agent, of 1001 McKinney, Suite 700, Houston, TX 77002), acting on behalf of MARTIN D. CARROLL LIVING TRUST dated June 8, 1998 AND TERI L. CARROLL LIVING TRUST dated June 8, 1998 (owners), a SPECIAL USE as required in Section 20-5.1.3.3.d of the Unified Development Ordinance. This section allows for meteorological towers, provided that the conditions in Section 5.14.3-3 (Meteorological Towers) are met, in the "A-1" Agricultural Preservation Zoning District.

Ms. Urban opened the case. There are 0 consents and 2 objections on file. The case was published in The Peoria Journal Star on November 18, 2021, and The Weekly Post on November 18, 2021. Jack Weindel gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Agriculture Preservation). The site plan and two videos of the property were shown. The property is zoned “A-1”.

Mr. Asbell recused himself from this case.

Mr. Happ made a motion to incorporate the testimony from case ZBA-2021-000043 and was seconded by Mr. Keyt. A vote was taken, and the motion passed; (6-0)

Kelly O’Brien of 501 W 16th Street, Houston, TX and Kyle C. Barry of McGuire Woods, 1 NW Old State Capitol Plaza, Suite 410, Springfield, IL were sworn in.

Chairperson O’Brien asked if there were any questions and there were none. Chairperson O’Brien asked if there was anyone that wanted to speak for or against the petition.

Randal Diehl of 18306 N. Maher Rd, Princeville, IL was sworn in. Mr. Diehl stated that he understands that the meteorological towers are being constructed to conduct wind surveys and will likely lead to wind turbines being constructed. Chairperson O’Brien stated that this is not a wind turbine. Mr. Diehl said that he understands that it is for a meteorological tower but knows that the wind turbines are coming. Mr. Keyt stated for clarity, that if at some point in time they do decide to put wind turbines there, they will have to go through this process again. Mr. Diehl stated that he understands. Chairperson O’Brien asked if the petitioner would like to address this. Ms. K. O’Brien stated that she would just like to emphasize that they are just here for meteorological tower permits, and it will be years before they know if it is viable. She understands that at that time, they will need to come before the ZBA and the entire County Board.

Olivia Markham, of 18115 N. Maher Rd., Princeville, IL was sworn in. Ms. Markham stated that the letter she submitted was in relation to the potential wind turbines. Chairperson O’Brien stated that this case is not for wind turbines, but for a meteorological tower. Ms. Markham stated that this is the first step toward a wind farm. Chairperson O’Brien stated that that is a separate case. Ms. Cordis Boswell advised Ms. Markham that she wasn’t being prohibited from speaking and told her that anything about wind turbines will not be considered by the Board. Ms. Markham read her letter that had been previously submitted.

Chairperson O’Brien asked if there were any questions from the Board. There were none. Chairperson O’Brien asked the petitioner if she would like to respond. Ms. K. O’Brien thanked Ms. Markham for her comments and stated that she just wanted to reiterate that this is only about a meteorological tower at this time. Ms. K. O’Brien stated that the tower will be nearly a half mile from the Markham home, and since there is no noise or blinking lights, they don’t believe that the tower will disturb or distract Ms. Markham’s family.

Mr. Fletcher made a motion to close and deliberate and was seconded by Mr. Keyt. A vote was taken, and the motion passed; (6-0)

Case No. ZBA-2021-000045 at 9:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of FOUR CREEKS, LLC (A limited liability company, Caton Fenz – authorized agent, of 1001 McKinney, Suite 700, Houston, TX 77002), acting on behalf of FREDERICK F. CARROLL FAMILY LIMITED PARTNERSHIP (An Illinois limited partnership, Frederick F. Carroll Living Trust dated June 8, 1998 – general partner (Frederick F. Carroll and Brenda D. Carroll – trustees, of 17916 W Peoria-Galesburg Trl, Brimfield, IL 61517) and Brenda D. Carroll Living Trust dated June 8, 1998 – general partner (Frederick F. Carroll and Brenda D. Carroll – trustees, of 17916 W Peoria-Galesburg Trl, Brimfield, IL 61517 )) (owner), a SPECIAL USE as required in Section 20- 5.1.3.3.d of the Unified Development Ordinance. This section allows for meteorological towers, provided that the conditions in Section 5.14.3-3 (Meteorological Towers) are met, in the "A-1" Agricultural Preservation Zoning District.

Ms. Urban opened the case. There are 0 consents and 0 objections on file. The case was published in The Peoria Journal Star on November 18, 2021, and The Weekly Post on November 18, 2021. Jack Weindel gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Agriculture Preservation). The site plan and three videos of the property were shown. The property is zoned “A-1”.

Kelly O’Brien of 501 W 16th Street, Houston, TX was sworn in.

Kyle C. Barry of McGuire Woods, 1 NW Old State Capitol Plaza, Suite 410, Springfield, IL was sworn in.

Mr. Asbell recused himself from this case.

Mr. Fletcher made a motion to incorporate the testimony from cases ZBA-2021-000043 and ZBA-2021- 000044 and was seconded by Mr. Keyt. A vote was taken, and the motion passed; (6-0)

Chairperson O’Brien asked if there were questions or comments from the Board.

Mr. Fletcher asked if there was any other testimony from the petitioner. Ms. K. O’Brien stated there was none.

Chairperson O’Brien asked if there was anyone that wanted to speak for or against the petition. There was no one.

Mr. Fletcher made a motion to close and deliberate and was seconded by Mr. Happ. A vote was taken, and the motion passed; (6-0)

Mr. Fletcher left the meeting at 9:55 a.m.

The Board took a break from 9:55 a.m. to 10:00 a.m.

Case No. ZBA-2021-000042 at 10:00 a.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of RANDY F. KOORS, acting on behalf of RANDY F. KOORS AND KATHLEEN M. KOORS (owners), a REZONING request from "C-1" Neighborhood Commercial to “R-2” Medium Density Residential. The petitioner proposes to rezone parcels of 0.70 acres and 0.50 acres in order to create a buildable home site and bring an existing residential use into conformance.

Ms. Urban opened the case. There are 0 consents and 0 objections on file. The case was published in The Peoria Journal Star on November 18, 2021. Taylor Armbruster gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Rural). The site plan and three videos of the property were shown. The property is zoned “C-1” and all surrounding parcels are zoned “R-2”.

Randolph F. Koors of 13030 N. Cavalier St., Chillicothe, IL was sworn in. Mr. Koors stated that he purchased the property in 2017, and at the time the parcel had a tavern on it called The Club 29, which they tore down immediately after purchasing. He and his wife live in a house behind one of the subject parcels. They purchased the parcels to keep any other commercial businesses from going on the properties. The house on the northern parcel has no electricity and is just being used as storage. Mr. Koors added solar panels on the northern property for his residence on Cavalier St. They have no further use for the southern parcel and would like to sell it. Mr. Koors stated that he has had trouble selling the parcel with the commercial zoning classification, so he would like to rezone to a residential use.

Mr. Asbell asked if there was a home south of the property or if it was a business. Mr. Koors stated that it is a residence.

Ms. O’Brien asked if there were any other questions from the Board. There were none. Ms. O’Brien asked if there was anyone that wanted to speak for or against the petition. There was no one.

Mr. Asbell made a motion to close and deliberate and was seconded by Mr. Keyt. A vote was taken, and the motion passed; (6-0)

Mr. Unes left the meeting at 10:20 a.m.

The Board took a break from 10:20 a.m. to 12:30 p.m.

Mr. Fletcher returned to the meeting at 12:30 p.m.

Case No. ZBA-2021-000039 at 12:30 p.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of KIM AND DAVID RUSSELL, acting on their own behalf, a SPECIAL USE request from Section 20-5.5.2.2.C which allows for Overnight Accommodations, provided that they meet the requirements set forth in Section 7.8 (Overnight Accommodations) and provided that no more than 5 rooms or suites of rooms are rented; and rooms are not rented for a period of more than 14 days. The petitioner proposes to provide overnight accommodations on a short term rental basis in the “R-2” Medium Density Residential Zoning District.

Ms. Urban opened the case. There are 0 consents and 0 objections on file. The case was published in The Peoria Journal Star on November 18, 2021. The Medina Township Planning Commission recommended approval. Taylor Armbruster gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Environmental Corridor and River Freight). The site plan and two videos of the property were shown. The property and all surrounding parcels are zoned “R-2”.

John McCarthy of 209 E. Chestnut St., Suite 1, Canton, IL was sworn in. Mr. McCarthy stated that he is an attorney and is representing the petitioners, Kim and David Russell, Brisco Financial, LLC, and Holloway Holdings, LLC, on all three Airbnb cases. He stated that his comments will apply to all three cases. Kim and David Russell own the property located at 11846 Riverview Rd, Chillicothe, IL and are requesting a special use permit to provide overnight accommodations on a short-term basis. The home is a three bedroom, approximately 1,416 square foot, 1.5 story home, with a 672 square foot attached garage. The property is usually rented to guests that consist of a single family unit, but on occasion, is rented to friends of one another. Individual rooms are not rented. On average, the property is rented on weekends and some weekdays depending on the season. It is rented to guests 30-60% of available nights and is advertised on the Airbnb website. The R-2 zoning classification allows similar uses as permitted uses, including small and medium residential care homes, two-family dwellings, and childcare homes. There are other properties in the immediate area that offer overnight accommodations on a short-term rental basis. The special use is consistent with the community character of the immediate vicinity of the property. The proposed use will have no adverse effect, including visual impacts on the surrounding properties. The proposed use will have no impact on noise levels in the surrounding area, as it is being used as a single family dwelling. There is ample off-street parking, as the garage is being used. There is no significant impact on existing traffic patterns. Mr. McCarthy referenced the planner report and noted that staff recommends approval with restrictions, and that the petitioner will comply with these restrictions.

Ms. O’Brien asked if there were any questions from the Board.

Mr. Fletcher asked if the home was available for rent every day of the month. Mr. McCarthy stated that he believed so. Mr. Fletcher asked if there were any limitations on the number of times a month it could be rented. Mr. McCarthy stated that he didn’t believe there were any limitations. Mr. Fletcher asked how many days the rentals were for, on average. Mr. McCarthy stated that he believes it was generally a weekend or a long weekend, but no longer than 13 days at a time per rental. Mr. Fletcher stated that it could be rented to 7 different people in a week. Mr. McCarthy stated that that could, theoretically, be the case, but not likely.

Kim Bryant-Russell of 5161 N. Prospect Rd., Peoria Heights, IL was sworn in. Ms. Bryant-Russell stated that she had a letter, in support, from the neighbors.

Ms. O’Brien asked if there were questions from the Board for Ms. Bryant-Russell.

Mr. Fletcher asked Ms. Bryant-Russell how many times a month the property could be rented. Ms. Bryant-Russell stated that it could be rented any day of the month, and she doesn’t have any restriction concerning the number of times a month it can be rented. She further stated that it is usually rented for 4 nights at a time.

Mr. Keyt asked about the letter that Ms. Bryant-Russell referenced. Ms. Bryant-Russell read the letter of support from the neighbors, Terry and Barbara Beachler of 11850 N Riverview Rd.

Mr. Fletcher asked Ms. Bryant-Russell to repeat the neighbor’s address.

Ms. O’Brien asked if there was anyone that wanted to speak for or against the request. There was no one.

Ms. O’Brien asked if there were any more questions from the Board. There were none.

Mr. Happ made a motion to close and deliberate and was seconded by Mr. Keyt. A vote was taken, and the motion passed; (6-0)

Mr. Bateman asked staff about restriction number 2: “No more than four (4) automobiles in total which are parked accessory to the single-family dwelling at the subject property may be parked outside at the subject property, or on an adjacent property under the same ownership, for a period of more than seventy-two (72) continuous hours, pursuant to Section 20-7.7.7.5 of the Unified Development Ordinance.” Ms. Urban stated that this is an ordinance requirement for all single family dwellings within the unincorporated area of Peoria County. Mr. Bateman stated that he understands how it is appropriate for a single-family dwelling with a long-term resident, but in this case, most of the tenants wouldn’t even be staying that long. Ms. Urban reiterated that it restricts the number of vehicles parked on the parcel.

Mr. Fletcher stated that he realizes the owners are in this to make money, and he would like to see a restriction that limits the number of rentals per month.

Mr. McCarthy asked if he could respond. Ms. O’Brien said that they were in deliberations and would need to reopen the case.

Mr. Keyt made a motion to close deliberations in order to hear additional testimony and was seconded by Mr. Fletcher. A vote was taken, and the motion passed; (6-0)

Mr. McCarthy responded that a restriction on the number of times a month the property could be rented is a slippery slope. The petitioners own the property, and they could rent the property for three months or six months. He doesn’t know how it could be enforced. Ms. O’Brien agreed that it would be very difficult to enforce.

Mr. Fletcher stated that he could see situations arising where every few days there will be different cars and different people at the property. When someone buys a home in a neighborhood, that isn’t their anticipation. Mr. McCarthy responded that he feels a long-term rental could be worse, as a long-term tenant might not mow the lawn or keep the property clean. With these petitioners, they keep the property spotless, because they want to attract people to the property.

Mr. Happ asked Mr. McCarthy to confirm that typical occupancy is 30-60% of the time. Mr. McCarthy stated this was correct. Mr. Happ stated that the property is probably rented more during the summer. Mr. McCarthy said that this was correct. Mr. Happ stated that it is probably not rented as often in the middle of the week. Mr. McCarthy agreed. Ms. O’Brien stated that she thinks the scenario that Mr. Fletcher posed, about a different renter every day, would be rare. Mr. Fletcher stated that that is the hope any neighbor would have.

Ms. O’Brien asked if there were any more questions or comments. There were none.

Mr. Keyt made a motion to close and deliberate and was seconded by Mr. Fletcher. A vote was taken, and the motion passed; (6-0)

Case No. ZBA-2021-000040 at 12:30 p.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of BRISCOE FINANCIAL, LLC (A limited liability company, Jason Briscoe – authorized agent, of 8747 E. Hansel Rd., Channahon, IL 60410, acting on its own behalf, a SPECIAL USE request from Section 20-5.5.2.2.C which allows for Overnight Accommodations, provided that they meet the requirements set forth in Section 7.8 (Overnight Accommodations) and provided that no more than 5 rooms or suites of rooms are rented; and rooms are not rented for a period of more than 14 days. The petitioner proposes to provide overnight accommodations on a short term rental basis in the “R-2” Medium Density Residential Zoning District.

Ms. Urban opened the case. There are 2 consents and 0 objections on file. The case was published in The Peoria Journal Star on November 18, 2021, and The Chillicothe Times-Bulletin on November 17, 2021. Taylor Armbruster gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Environmental Corridor and Unincorporated Center). The site plan and three videos of the property were shown. The property and all surrounding parcels are zoned “R-2”.

John McCarthy of 209 E. Chestnut St., Suite 1, Canton, IL was sworn in. Mr. McCarthy stated that he represents Briscoe Financial, LLC in regard to this petition. Briscoe Financial, LLC owns the property at 15414 N. River Beach Dr., Chillicothe, IL. The house is a three bedroom, 2,076 square foot, two story home with a 1,440 square foot garage below the living area. The property is usually rented to guests that consist of a single family unit, but on occasion, is rented to friends of one another. Individual rooms are not rented. On average, the property is rented on weekends and some weekdays depending on the season. The property is not rented to guests for more than 13 days at a time. It is rented to guests 30- 60% of available nights and is advertised on the Airbnb website, as well as VRBO. Mr. McCarthy referenced the planner report and stated that all of his comments on the previous case apply. The petitioner is present and would be willing to answer questions and agrees to the restrictions. The neighbor, Nancy Crawley, that resides directly south of the property at 15408 N. River Beach Dr., is present and would like to make comments.

Mr. Asbell made a motion to incorporate the testimony from case ZBA-2021-000039 and was seconded by Mr. Fletcher. A vote was taken, and the motion passed; (6-0)

Ms. O’Brien asked if there was anyone that would like to speak in favor of the request.

Nancy Crawley of 15408 N. River Beach Dr., Chillicothe, IL was sworn in. Ms. Crawly stated that she is the closest neighbor to the subject property. For the past 2 years that she has lived there, she has had no problems with the Airbnb next door.

Ms. O’Brien asked if there was anyone else that would like to speak in favor or against the requestion.

Roger John of 15424 N. River Beach Dr., Chillicothe, IL was sworn in. Mr. John stated that he has spoken to many of his neighbors, and none of them are in favor of a short-term rental in the neighborhood. Mr. John stated that his concern is not that there is an Airbnb is nearby, but the density issue. The owner has many properties, one just a few doors down from this property. He doesn’t want to see every other house being a short-term rental. Mr. John stated that anyone selling their property in the neighborhood may have difficulties if they disclose that there are short-term rentals nearby. Mr. John also stated that Ms. Crawley also works for Mr. Briscoe as the manager of the property. Mr. John stated that he doesn’t have a problem with this particular property but doesn’t want more in the neighborhood. Mr. John stated that this property is managed by the neighbor and believes that this eliminates some problems that could arise, however, not all short-term rentals have a manager nearby and believes this creates issues with people throwing large gatherings at the property. Mr. John thanked the Board for the opportunity to speak.

Ms. O’Brien asked Mr. John how many houses away he lives from the subject property. Mr. John stated that he lives four houses down.

Ms. O’Brien asked if there were any questions from the Board.

Mr. Fletcher asked Mr. John about his statement that the petitioner has other properties in this neighborhood. Mr. John stated that Mr. Fletcher could ask Mr. Briscoe, but he owns two other properties in the neighborhood. He purchased another house two doors down from this property that he has remodeled, and there is another property north of this parcel that is being remodeled. Mr. John stated that he thinks that if there aren’t restrictions on management of the property, there will be problems. Mr. John also stated that if the properties aren’t listed on Airbnb, but just listed on the internet, other issues could arise.

Ms. O’Brien clarified that this case is listed on Airbnb. Mr. McCarthy stated that it is listed on Airbnb and VRBO.

Jason Briscoe of 8747 E. Hansel Rd., Channahon, IL was sworn in. Mr. Briscoe stated that he could not have the property without Mike and Nancy there. They are not his managers. He met them after he purchased the home. Mr. Briscoe stated that he lives an hour and a half away, and if something minor breaks Mr. Crawley is very handy and is able to fix it. Mr. Briscoe stated that he appreciates the Crawleys and the rules that he has put in place are because he would never want to upset the neighbors. There are no parties or large gatherings for this reason. Mr. Briscoe stated that he and his family use the property as well. Mr. Briscoe stated that he owns several other properties in multiple counties. The homes are set up for families to use and are designed for safety for families with young children.

Ms. O’Brien asked if there were any questions from the Board.

Mr. Asbell asked who neighbors or guests would call if there was a problem. Mr. Briscoe stated that they would contact him. Mr. Briscoe further explained that these are not inexpensive ventures to get into. The properties must be kept spotless. Ms. O’Brien stated that she thinks this is the difference between a long-term rental and an Airbnb rental. Mr. Briscoe agreed and stated that he has long-term rentals he wouldn’t want to live next door to.

Ms. O’Brien asked if there were other comments or questions from the Board. There were none. Ms. O’Brien asked if there was anyone that wanted to speak for or against the petition. There was no one.

Mr. Keyt made a motion to close and deliberate and was seconded by Mr. Fletcher. A vote was taken, and the motion passed; (6-0)

Case No. ZBA-2021-000041 at 12:30 p.m. Hearing to be held in room 403, of the Peoria County Courthouse, Peoria, Illinois.

Petition of HOLLOWAY HOLDINGS, LLC (A limited liability company, Levi Holloway – authorized agent, of 23228 N. Hardscrabble Rd., Sparland, IL 61565, Kyle Holloway – authorized agent, of 1311 N. Wood Rd., Peoria, IL 61604, Dwight Holloway – authorized agent, of 17611 Oak Lawn, Chillicothe, IL, and Brant Holloway – authorized agent, of 3122 W. Lincoln, Peoria, IL 61604), acting on its own behalf, a SPECIAL USE request from Section 20-5.5.2.2.C which allows for Overnight Accommodations, provided that they meet the requirements set forth in Section 7.8 (Overnight Accommodations) and provided that no more than 5 rooms or suites of rooms are rented; and rooms are not rented for a period of more than 14 days. The petitioner proposes to provide overnight accommodations on a short term rental basis in the “R-2” Medium Density Residential Zoning District.

Ms. Urban opened the case. There are 0 consents and 0 objections on file. The case was published in The Peoria Journal Star on November 18, 2021, and The Chillicothe Times-Bulletin on November 17, 2021. Taylor Armbruster gave a brief presentation of the countywide map, aerial view of the property, surrounding zoning, and future land use plan designation (Environmental Corridor and Unincorporated Center). The site plan and two videos of the property were shown. The property and all surrounding parcels are zoned “R-2”.

John McCarthy of 209 E. Chestnut St., Suite 1, Canton, IL was sworn in.

Mr. Happ made a motion to incorporate the testimony from cases ZBA-2021-000039 and ZBA-2021- 000040 and was seconded by Mr. Fletcher. A vote was taken, and the motion passed; (6-0)

Mr. McCarthy stated that he represents Holloway Holdings, LLC in regard to this petition. Holloway Holdings, LLC owns the property at 16212 N. Portage St., Chillicothe, IL. The home is a three bedroom, 816 square foot, two story home, with a 576 square foot attached garage. The property is usually rented to guests that consist of a single family unit, but on occasion, is rented to friends of one another. Individual rooms are not rented. On average, the property is rented on weekends and some weekdays depending on the season. The property is not rented to guests for more than 13 days at a time. The home is occupied 30-60% of available nights and is advertised on the Airbnb website as well as VRBO. Facts from the previous two cases apply.

Ms. O’Brien asked Mr. McCarthy to confirm the number of bedrooms in the home. Mr. McCarthy stated that there are three bedrooms according to the petition.

Ms. O’Brien asked if there were any questions from the Board, and there were none. Ms. O’Brien asked if there was anyone that wanted to speak for or against the petition. There was no one.

Mr. Asbell made a motion to close and deliberate and was seconded by Mr. Fletcher. A vote was taken, and the motion passed; (6-0)

Mr. Keyt made a motion to adjourn and was seconded by Mr. Bateman. A vote was taken, and the motion passed; (6-0)

Meeting adjourned at 1:45 p.m.

https://www.peoriacounty.org/AgendaCenter/ViewFile/Minutes/_12092021-1082