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The peg is still square, the hole is still round, we know it’s not fair, but Bobby’s still bound

Tonight our Zoning Board of Appeals will be fine-tuning their recommendations to the Board of Trustees in an amended Home Occupation Ordinance (HOO) proposal.  First, however, a Public Hearing is tentatively scheduled for June where residents can provide feedback to the ZBA prior to their final recommendation.  Then the proposed amendment to the ordinance will finally handed over to our Board.  A copy of the current draft can be downloaded here.

In an effort to bring some of our readers up to speed on this long and contentious journey, we thought we should start at the beginning of this odyssey or ludicrousy depending on one’s view.

The original HOO was enacted long before President Abboud’s time to address small residential-based occupations occurring in our Village.  Those occupations might include piano teachers, tutors, consultants, sole practice attorneys, etc.  The intent at that time was to prevent small inside-the-home occupations from growing to become a disturbance of “peace, quiet and domestic tranquility” in in our neighborhoods.

Notwithstanding its original intent, within a year after Bob Abboud became president of our Village, (some say due to the heavy influence of the equestrian community’s politicking), he forged ahead to include small-scale horse boarding under the existing HOO with minimal modification.   It wasn’t long after that that it was evident this would prove to be a costly mistake, as neighbor complaints arose surrounding a number of larger scale boarding businesses.  Sadly, the responsibility of rectifying the situation was placed primarily on the shoulders of the members of our Zoning Board at the time.

Over the course of the next six years,  scores of Zoning Board meetings and a handful of Plan Commission meetings included topics with titles such as “Equestrian Boarding Regulations”, ”Animal Husbandry,” “Equestrian Land Use,” and  “Commercial Boarding/Agriculture.” The Board of Health and Legal Committees were also asked to weigh in on various aspects of different iterations of boarding propositions.  Our Equestrian Commission crafted a commercial boarding “White Paper” which, in one version, recommended limitations on barn size and the number of boarded horses allowed (see White Paper) in order for a boarding operation to be considered a home occupation.  A group consisting of equestrians and non-equestrians was tasked with developing a proposal by the ZBA and their recommended guidelines can be viewed hereOrdinances pertaining to boarding and keeping of horses from other Villages have also been presented and reviewed.

So with all of this information as a platform to craft an ordinance, what is our Zoning Board now doing to address boarding operations?  They’re attempting to plug the same war-torn square boarding peg back into the round home occupation hole where it didn’t belong in in the first place.  Lawsuits, comparable ordinances and well thought out guidelines have been dismissed.  They have learned nothing.

Instead of tightening restrictions on home occupations, they will be relaxed.  Those operating boarding and training operations home occupations or other property-wide businesses can begin operations at 6:00 AM instead of the current 8:00 AM start time regardless of day of the week, time of the year or even whereabouts this activity will to occur on the homeowner’s property.  Sure, there are some other minute alterations, but after six years of time, effort and legal struggles, that’s about all there is to show.  More specific restrictions which would help protect the rights of neighbors seem to have been stricken than added to the HOO according to the draft document so that homeowners are left to wonder how they will have to cope with the doubtless disruptions to their peace, quiet and domestic tranquility.

If you look at our Village’s Comprehensive Plan, there is not a single mention of horse boarding for profit.  And, the original HOO was neither conceived nor enacted with any consideration whatsoever to boarding operations.  It was intended for residence-based professionals working out of their homes.  Some Village officials have pointed this out in open meetings only to change course later due to influence from more strident members of the equestrian community.

The Observer believes a distinct, new ordinance should be enacted based on practical lessons learned from experience. But the fact remains the HOO “hole” provides an easy vehicle for Abboud and others in office to appease “those who brung them to the dance” in past Village elections.  Anyone can see it.  Few will speak out, though, and isn’t that really the shame of living in Barrington Hills nowadays?

– The Observer

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