HomeMy WebLinkAboutMinutes - 02/17/2021 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
February 17, 2021
Chairman Strach called the February 17, 2021 regularly scheduled meeting of the City of
McHenry Planning and Zoning Commission to order at 7:00 p.m. via Zoom. In attendance were
the following: Doherty, Strach, Sobotta, and Walsh. Absent: Gurda, Lehman, Thacker. Also in
attendance were City Planner Cody Sheriff, Economic Development Coordinator Wolf, and
Community Development Director Polerecky.
Public Hearing Guidelines for a Virtual Meeting were presented. Chairman Strach opened the
public portion of the meeting at 7:03 p.m. There was nobody in attendance who wished to
address the Commission with public comment.
Approval of Minutes:
Consideration of December 16, 2020 Meeting Minutes as presented. Motion by Walsh and
seconded by Sobotta for approval.
Roll Call: Vote: 4-ayes: Commissioners Doherty, Sobotta, Strach, and Walsh. 0-nay; 0-
abstained; 3-absent: Gurda, Lehman, and Thacker. Motion Carried.
Due to lack of a quorum, the Consideration of the December 23, 2020 Special Meeting
Minutes will be continued to the March 17, 2021 regularly scheduled meeting.
Public Hearing: B.D.K.M., LLC
Z-983
3723 Grand Avenue
Use Variance to allow a 4-unit multifamily building in the RS-4 High Density Single-Family
Residential District and Zoning Variations including, but not limited to, off-street parking and
loading, and minimum lot width.
Chairman Strach called the Public Hearing to order at 7:05 p.m. regarding File No. Z-983 an
application for a Use Variance to allow a 4-unit multifamily building in the RS-4 High Density
Single-Family Residential District and Zoning Variations including, but not limited to, off-street
parking and loading, and minimum lot width at the property located on the southeast corner of
N. Freund Avenue and Grand Avenue, with a common address of 3723 Grand Avenue.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and
a Certificate of Publication is on file in the City Clerk’s Office.
In attendance were:
1.Attorney Craig Krandel, Timm & Garfinkel, 407 Congress Parkway, Crystal Lake, IL;
2.William Weyde, BDKM, LLC, 207 S. Draper Rd., McHenry, IL
Mr. Weyde was sworn in. Attorney Krandel stated he represents the new purchaser of this
property, Mr. Weyde. In 1991, the property was tagged for enforcement for a fourth dwelling
Planning and Zoning Commission
February 17, 2021
Page 2
unit. There will need to be modifications made to bring the fourth unit which was added to
within current codes. The purchaser is looking to bring this property up to code and within the
city’s ordinances if this request is granted.
City Planner Sheriff gave the Staff Report stating the RS-4 District does not permit a multi-family
building and therefore the existing 3-unit structure is defined as legal nonconforming by our
Zoning Ordinance. The requested fourth dwelling unit was the subject of an enforcement action
that was resolved 30 years ago. The current property owner desires to sell the property to the
petitioner pending approval of the zoning requests. The petitioner is also proposing four (4)
additional paved parking spaces for a total of six (6). Referencing the site plan, the petitioner
plans to add an independent ingress/egress to the fourth unit, which is required by building
code. The petitioner has also informed staff of his desire to upgrade the existing electrical,
plumbing, and fire alarms as part of the development.
Planner Sheriff stated the petitioner is requesting approval of a use variance and several zoning
variations in order to accommodate a 4-unit, multifamily building at 3723 Grand Avenue.
Although inconsistent with the surrounding single-family land use and future land use map
recommendation for single-family residential, the subject property has lawfully operated as a 3-
unit multifamily building for over 30 years. Staff does not believe approval of the fourth unit
would create any adverse impacts on the surrounding area. Upon purchase of the property, the
petitioner desires to add four (4) additional paved parking spaces for a total of six (6) off-street
parking spaces. Planner Sheriff stated this would be a desired improvement since it appears the
existing occupants need to use the gravel parking area in the right-of-way.
Planner Sheriff stated the Community Development Department has been working closely with
the petitioner and has performed a walk-through inspection of the structure. Based on the age
of the building, the structure complies with the building codes in effect at the time of creation.
He stated it is difficult for the department to enforce the three (3) dwelling unit provision
identified in a field correction notice from 1991. A building inspector noted that the fourth unit
appeared to have been occupied not too long ago but that cannot be confirmed. This is a fire
safety concern because there is no direct access from outside the building. The Community
Development Department would recommend the petitioner’s request be granted for the fourth
dwelling unit in order to encourage compliance with building codes and for the safety of future
occupants. Director Polerecky explained concerns regarding the driveways. He explained all of
the building code issues that need to be addressed are agreeable to the buyer.
Chairman Strach opened the floor to questions and comments from the commissioners.
Commissioner Doherty inquired if the new fourth unit exterior entry could be explained.
Director Polerecky stated a new outside entrance to the downstairs unit would be added with a
covered stairway.
Commissioners Walsh, Strach and Sobotta had no questions.
Chairman Strach opened the floor to questions and comments from the public. There was
nobody in attendance who wished to address the Commission with public comment.
Planning and Zoning Commission
February 17, 2021
Page 3
Chairman Strach closed the public comment portion of the hearing at 7:20 p.m.
Motion by Doherty seconded by Sobotta, with regard to File No. Z-983, to approve the
petitioner’s request for a use variance to allow a 4-unit multifamily building subject to the
following conditions, as amended:
1.A building permit shall be obtained within six (6) months from the date of approval by
City Council.
2.The development shall be in substantial conformance with the submitted site plan.
3.The width of the proposed driveways shall be no less than nine (9’) feet nor more than
twenty (20’) feet wide at the outer or street edge of the sidewalk.
4.All other federal, state, and local laws shall be met;
and I agree with staff’s assessment that the approval criteria for Use Variations have been met
as outlined in the Staff Report.
Roll Call: Vote: 4-ayes: Doherty, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 3-absent:
Gurda, Lehman, Thacker. Motion Carried.
Motion by Sobotta seconded by Doherty, with regard to File No. Z-983, to approve the
petitioner’s request for the following zoning variations: to allow 6 parking spaces in lieu of the
required 7.5 parking spaces; to allow a minimum lot width of 75 feet in lieu of the required 200
feet; and any other zoning variances needed to accommodate the proposed 4-unit multifamily
building; and I agree with staff’s assessment that the approval criteria for zoning variances has
been met as outlined in the staff report.
Roll Call: Vote: 4-ayes: Doherty, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 3-absent:
Gurda, Lehman, Thacker. Motion Carried.
Chairman Strach closed the Public Hearing regarding File No. Z-983 at 7:25 pm.
City of McHenry
File No. Z-984
Text Amendments to the Zoning Ordinance including but
Not limited to Chapter 16 Nonconformities
Chairman Strach called the hearing to order at 7:30 p.m. regarding File No Z-984 a request for
various text amendments to the City of McHenry Zoning Ordinance including but not limited to
Chapter 16 Nonconformities.
Chairman Strach requested a motion to continue this public hearing to the March 17, 2021
regular meeting to allow staff to fully consider all of the complexities of the request.
Chairman Strach opened the floor to questions and comments from the public. There was
nobody in attendance who wished to address the Commission with public comment.
Chairman Strach closed the public comment portion of the hearing at 7:31 p.m.
Planning and Zoning Commission
February 17, 2021
Page 4
Motion by Sobotta seconded by Walsh, with regard to File No. Z-984, to continue the hearing to
the next regularly scheduled meeting date of March 17, 2021.
Roll Call: Vote: 4-ayes: Doherty, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 3-absent:
Gurda, Lehman, Thacker. Motion Carried.
Chairman Strach continued the Public Hearing regarding File No. Z-984 at 7:35 pm.
Staff Report: The next regularly scheduled meeting is March 17, 2021, at 7:00 p.m. Planner
Sheriff stated there is a 288-unit apartment complex being proposed behind Aldi. The process
for creating a downtown streetscape has been approved and will be moving forward. Planner
Sheriff introduced Stacy Rockweiler who is one of the applicants for the Planning & Zoning
Commission if Commissioner Strach is elected council member.
Adjourn: Motion by Sobotta and seconded by Doherty, all approved. Meeting adjourned at
7:40 p.m.
__________________________________
Shawn Strach, Chairman Planning & Zoning