ZBA denies rehearing request in Cherry Valley appeal; second rehearing continued to August

5377936 · July 11, 2025

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Summary

The board denied a rehearing request for Case Z25‑18 (Cherry Valley) because no new evidence was submitted, and later agreed to continue a separate rehearing request until the August 7 meeting so absent members could participate.

At its July 10 meeting the Alton Zoning Board of Adjustment rejected a rehearing request for Case Z25‑18 (Cherry Valley) and separately continued a different rehearing request to the board's August 7 meeting.

Board members said the petition for rehearing of the Cherry Valley decision did not present new evidence or information for the board to consider. Johnny (board member) noted the materials submitted for rehearing “set forth anything new that this board hasn't already considered,” and other members agreed. A motion to deny the rehearing for Case Z25‑18 carried by vote.

Separately, the board discussed a different rehearing request (related to a contested aquifer/hydrology issue) where two board members said a rehearing would be useful to clarify technical terms and ensure the hydrology evidence addressed permeability/percolation rather than only well output. Two other members said they believed the prior hearing and record were sufficient and that no rehearing was warranted. Because one member who participated in the original hearing was absent from the July 10 meeting, the board voted to continue the rehearing request until the August 7 meeting so all members could weigh in.

The board recorded that its decision to deny rehearing in Case Z25‑18 rested on the absence of new evidence; the continued rehearing will be revisited on August 7 with the full board present.