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 The subdivision is located in southern Logan County. The Ronald
and Sandra Ellis family owns ten acres of land over several plots
within the subdivision. Their request is to rezone the land from CH
(Country Homes) to Agriculture.
Gordon Gates, an attorney from Springfield, was present at the
meeting with the Ellis’ to present on their request. Gates said that
the land in the area was developed back in 1973 with the intent to
build a rural subdivision. “It was zoned by the county as CH, which
is a zoning designation you don’t really have anymore,” said Gates.
Gates said that originally the plan called for fifteen different
lots in the subdivision. Currently, the subdivision only has five
houses within it. “As far as we’re concerned, that’s about it.
There’s not going to be more development on this property,” said
Gates.
According to the presentation, the land in question is bisected by
high-tension power lines. As a result, it would be very difficult to
find someone willing to build under such lines. Additionally, the
surrounding land around the subdivision is also zoned for
agriculture.
Gates said that concerns have been raised by neighbors that the
Ellis family will use the land for very intensive operations, such
as hog confinement or junkyards, the latter of which is not allowed
under Agricultural zoning.
“We can’t do the things they’re concerned with,” said Gates. Gates
said he is admittedly confused by some of the objections as the
request is for the land to be rezoned to Agriculture, which is not
usually a cause for such concerns. Gates also reiterated that the
surrounding area is zoned for Agriculture, and there is likely
little demand for future housing in the subdivision.
Chuck Ruben asked as to the purpose for the request. Gates said that
currently the land is taxed as a residence, and is restricted in
terms of uses under zoning codes. “This ground is not valuable as a
residential plot,” said Gates. Sandra Ellis added that they would
likely use it to grow field crops, and that they would not be able
to keep cattle in the area because of the pond that is on the
property.
Ronald Ellis said that they do intend to build a pole-barn garage on
the property. In order to get legal approval to do so, the Ellis
family would have to merge their lots together under one plot.
According to the petitioners, this is another reason why they want
to rezone the land to Agriculture.
“That was my recommendation, that the entire piece they own be
treated as a single lot. It just makes more sense,” said Gates.
Sandra Ellis added that joining the properties together simplifies
the billing for electricity.
Andy Anderson asked when the last home was built in the subdivision.
Sandra Ellis said it was nineteen years ago.
Ruben asked Zoning Officer Will D’Andrea why the Zoning Board of
Appeals recommended denying the request. D’Andrea said the ZBA did
not like the idea of splitting up the subdivision. Additionally, the
CH designation allows for agricultural uses, with the exception of
commercial livestock breeding.
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“All the ag uses they propose can be done under Country
Homes,” said D’Andrea.
Gates said he read the list of allowed uses under CH and
confirmed D’Andrea’s statement. “As far as uses are concerned,
it doesn’t change much at all, but it is a different distinction
as far as how it’s taxed, and how they pay for their utilities,
and whether or not they can enroll the property into a federal
program,” said Gates. Kevin Bateman said that in his opinion,
the real reason for the request is to lower the property taxes.
Gates said that is the primary reason for the request, but it should
not be a zoning concern.
“We’re trying to generate some value for it [the land],” said Gates.
Additionally, after the land is built on, the tax rate for the land
will likely increase and negate the savings.
Gene Rohlfs asked why the Ellis family bought the land if they knew
it would be worth less money. Ronald Ellis said they wanted to
expand their property for personal uses.
Other residents living in the subdivision were present at the
meeting as well. Multiple people said they do not want to live with
an agricultural area as part of the subdivision. One neighbor argued
that the inhabitants living there currently own multiple lots, and
they could sell their extra lots in the future for more development,
and a rezone would affect future housing developments.
Another neighbor said he did not see a need to rezone the land if
the Ellis’ can use the land in the same ways under CH, with the
exception of commercial livestock breeding. “If it doesn’t make a
difference, then why are they even asking for rezoning?” asked the
neighbor.
The board will vote on the request on Tuesday at the regular board
meeting.
Board members present at the meeting were Chuck Ruben, Gene Rohlfs,
Robert Farmer, David Blankenship, Pat O’Neill, Andy Anderson, Emily
Davenport, Kevin Bateman, Jan Schumacher, Rick Aylesworth and Scott
Schaffenacher. David Hepler was absent.
[Derek Hurley] |
