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HomeMy WebLinkAboutMinutes - 10/21/2020 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes October 21, 2020 Chairman Strach called the October 21, 2020 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. via Zoom. In attendance were the following: Doherty, Thacker, Gurda, Lehman, Strach, Sobotta, and Walsh. Absent: None. Also in attendance were City Planner Cody Sheriff, Director of Economic Development Martin, and Economic Development Coordinator Wolf. Public Hearing Guidelines for a Virtual Meeting were presented. Chairman Strach opened the public portion of the meeting at 7:30 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of August 19, 2020 Meeting Minutes as amended to note they are minutes of the August 19, 2020 meeting rather than the July minutes. Motion by Lehman and seconded by Gurda for approval, as amended. Roll Call: Vote: 7-ayes: Commissioners Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nay; 0-abstained; 0-absent. Motion Carried. Chairman Strach stated the applicants for File No. Z-965, agenda Item #5 (First Midwest Bank Redevelopment/7-Eleven Automobile Fueling Station) have requested their case be tabled to the November 18, 2020 Planning & Zoning Commission meeting for further review. Motion by Walsh and seconded by Thacker to continue the hearing on File No. Z-965 to the November 18, 2020 meeting. Roll Call: Vote: 7-ayes: Commissioners Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nay; 0-abstained; 0-absent. Motion Carried. Commissioner Doherty recused himself as a Commissioner for the hearing on File No. Z-974, Agenda Item #6. He owns the property and will act as the petitioner. Public Hearing: JD and KA Doherty Tr Z-974 219 S. Barreville Rd. Use Variance to allow three horses and four chickens and any other variances required Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No. Z-974 an application for a Use Variance to allow three horses and four chickens and any other variances required to effectuate the request at the property located at 219 S. Barreville Rd. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. Planning and Zoning Commission October 21, 2020 Page 2 In attendance was Joe Doherty, 217 Loch Glen Lane, McHenry, IL. (Owner), who was sworn in. Mr. Doherty stated he is requesting this use variance because the city is asking to annex the property. Mr. Doherty bought the property a few years ago in order to help an employee, who is the tenant, to have horses on the property, which was allowable in the County. At the time, the City told him they were not interested in annexing the property. He has made many improvements to the property, has long-term tenants on the property who have had the aforementioned animals, and wants to continue to rent the property to them until they are able to take over ownership. He would like the animals to be allowed for 20 years and have the animal use be given to the tenants when and if they purchase the property on their own at that time, unless the property becomes vacant for more than 60 days. Economic Development Director Martin gave the Staff Report stating The City of McHenry is currently in the process of annexing unincorporated pockets around the City. The subject property is one such pocket. Upon annexation the subject property will be zoned E Estate. The applicant has three horses and four chickens, which is prohibited in the Estate District. Director Martin stated the applicant is required to obtain a use variance to make the subject property become legal within the City's zoning ordinance because the use, while it exists, is not permitted in the zoning district. Staff is recommending a time frame be placed on the horses and chickens at the property. This is due to the home being in the middle of a residential neighborhood and the use being intrusive to surrounding neighbors. Staff is recommending the applicant be permitted to keep the horses and chickens at the property for 10 years or until the title of the home changes, whichever occurs first. Staff believes with the conditions as stated in the use variance criteria of the zoning ordinance have been met, stating annexation was not a situation the applicants put themselves in, however staff thinks it is a fair compromise given the proposed amortization schedule as presented. Director Martin stated Staff finds all approval criteria for use variances in section 11-19-6 of the zoning ordinance have been satisfied and recommends a motion for Approval of a Use Variance at 219 S Barreville Road to permit the applicant to have three horses and four chickens with conditions as presented. Chairman Strach opened the floor to questions and comments from the commissioners. Commissioner Walsh asked if this variance would set a precedence for other properties that may be in the same situation with animals. Director Martin stated each property is dealt with individually and fairly. It may definitely set a precedence for other properties. Commissioner Sobotta asked for clarification on the ownership of the property. Mr. Doherty stated it is a rental with a very long lease as it was purchased to allow a long-term employee to continue to rent and use the property. He was under the understanding when it was purchased that the City would not be interested in annexing the property. Planner Sheriff explained the non -conformity section of the Zoning Ordinance, which would allow the use to stay in place unless the property was vacant for more than 30 days after it is annexed. Mr. Doherty stated he would accept a legal nonconformity status. There were no other questions or comments. Planning and Zoning Commission October 21, 2020 Page 3 Chairman Strach opened the floor to questions and comments from the public. Mr. Brian Kilinski, 213 S. Green St., McHenry stated he lives adjacent to the property in question for over seven years. He expressed a concern with the odor of the horses that will impact his property value. Mr. Kilinski stated there is also a mini horse on the property, which brings the number of horses to four, which is not allowed in the County to his understanding. He inquired whether conditions could be placed on the approval to mitigate odor, bugs, rodents are controlled and no roosters are allowed. Director Martin stated conditions could be placed on the use variance if the commissioners see a need for it. Mr. Rob Farrar, 3526 Market Lane, McHenry, IL was sworn in and stated he agreed with all the conditions and requests Mr. Kilinski stated. He also asked for specific conditions to be placed on the property as requested and to limit the time the request is approved. He inquired if there has been a study on the manure runoff as well. Mr. Farrar also asked the Commissioners to consider what other items such as the fence and additional vehicles in disrepair on the property, are outside of the city codes. Attorney Guy Youman stated he is representing Ms. MaryAnn Knox who is an adjacent property. He asked when the properties were landlocked and inquired if the property was already landlocked when Mr. Doherty purchased it. Director Martin and Planner Sheriff confirmed that it was. Attorney Youman stated since it was known at time of purchase the City should clean up the property and take care of the concerns of the neighbors. He stated Ms. Knox feels the dust and smell are so pungent she is unable to go outside during good weather. They would like to request the mobile shed be removed to the north of the middle lot line to alleviate smell and dust. He confirmed there are actually four horses on the property. They are requesting no new horses to replace the current animals be allowed as they reach their demise. Moving of the mobile shed. In addition, total compliance of mitigation for smell and dust and noise. Ms. Julie Krater, 3522 Larkin Lane, McHenry, IL was sworn in and stated her family has enjoyed the animals being present and that she does not smell the animals at her property. She does appreciate the work and upgrades being made to the property by the current owners, believes the family living on the property is nice and respectful, and is hopeful a compromise can be reached in their favor. Chairman Strach closed the public comment portion of the hearing at 8:15 p.m. Commissioner Walsh asked if the petitioner would like to respond to some of the public requests. Mr. Doherty stated he has spoken with Mrs. Knox and has asked her if bushes being put in would help the situation and he would be amenable with moving the shed. He stated they left 30 yards of brush as a barrier to the properties to the North and that is where the new septic is located since the City had no interest in having them hook up to city sewer at the time of purchase. He thanked Ms. Krater for her comments and understanding that McHenry was Planning and Zoning Commission October 21, 2020 Page 4 formed and started as farmland. Mr. Doherty also stated the current fence was allowed in the County. Commissioner Thacker asked Mr. Doherty if the notice he received from the City gave him any information on the status of the animals on the property. Mr. Doherty stated it was a simple legal notice of annexation. He followed up with a phone call and several conversations with City staff. Commissioner Thacker asked for clarification on Mr. Doherty's request. Mr. Doherty stated he is asking for 20 years of the use variance including the sale of the property to the current tenants only. Commissioner Sobotta opined the biggest cause of disagreement is the smell and asked if Mr. Doherty could mitigate that in any way. Planner Sheriff opined he did not think it is possible to guarantee no smell. Mr. Doherty stated there is a dumpster there and in use and that is the best they can offer. He was unsure of the frequency of the pickup of the dumpster. Commissioner Walsh asked the approximate age of the horses. Mr. Doherty was unable to provide an answer. Commissioner Gurda further stated the smell seems to be the biggest problem and opined that is a legitimate concern. He suggested a berm might possibly help alleviate some of the odor and opened that for discussion. Discussion ensued. Mr. Doherty stated he hears noise from the sewer plant in his neighborhood and there is not anything that is able to be done about that. He believes there are sometimes odors and noises in neighborhoods that cannot be contained. Commissioner Thacker asked Mr. Doherty if he has heard directly from any other neighbors than Mrs. Knox regarding the issues brought up today before this meeting. Mr. Doherty replied he had not heard from anyone and further stated Mrs. Knox did not approach him but rather he approached her asking if she had any concerns and she responded she would think about it but never requested any changes be made. Commissioner Gurda asked for clarification if all the manure is regularly put in the dumpster rather than being left on the land for long periods. Attorney Youman stated he has seen for himself that the manure is not always put in the dumpster on a timely basis. Chairman Strach recommended the matter be continued to the next meeting for further discussion on conditions to be placed on the request. Commissioner Thacker asked neighbors to contact the City for recommendations and Commissioner Walsh asked for further clarification on verification of the number of type of animals and accessory structures that are actually on the property through a site visit. Motion by Sobotta seconded by Lehman to recommend a continuance with regard to File No. Z- 974, the petitioner's request for a Use Variance at 219 S Barreville Road to permit the applicant to have three horses and four chickens subject to conditions as presented, to the November 18, 2020 regularly scheduled meeting. Planning and Zoning Commission October 21, 2020 Page 5 Roll Call: Vote: 6-ayes: Thacker, Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 0-absent, 1-recused: Doherty. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-974 at 8:43 pm. Commissioner Doherty left the meeting. Public Hearing: North Shore Venture Capital Z-975 09-26-482-029: North of River Road and South of Illinois Route 120 Zoning Map Amendment from RS1-A Medium Low Density Single Family Residential to C-5 Highway Commercial Chairman Strach called the Public Hearing to order at 8:45 p.m. regarding File No. Z-975 an application for a Zoning Map Amendment from RS1-A Medium Low Density Single Family Residential to C-5 Highway Commercial. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Mary Beth Adams (Managing Member). Economic Development Director Martin stated he is representing the petitioner and gave the Staff Report stating the City of McHenry is currently in the process of annexing unincorporated pockets around the City. The subject property is one such pocket. Upon annexation the subject property will be zoned RS1-A, and this petition will rezone the property to C-5, Highway Commercial District. The C-5 Highway Commercial District zoning classification is more appropriate for this site. This property is part of a larger piece of land, which is located directly adjacent to the north and also zoned C-5. The character of the area near the subject property consists of primarily highway commercial land uses generally to the east, west and north of the subject property. The approval criteria for a zoning map amendment were presented. Staff believes this zoning map amendment is consistent with the City's Comprehensive Plan but not consistent with the Future Land Use Map. Staff believes it is reasonable and in the public interest. Director Martin stated Staff finds all approval criteria for zoning map amendments in section 11-5-5 of the Zoning Ordinance have been satisfied and recommends a motion for Approval of a Zoning Map Amendment to the C-5 Highway Commercial District upon Annexation for the subject property, stating no conditions may be placed on the requested zoning map amendment. Chairman Strach opened the floor to questions and comments from the commissioners. There were no questions or comments from the Commissioners. Planning and Zoning Commission October 21, 2020 Page 6 Chairman Strach opened the floor to questions and comments from the public. There was nobody in attendance from the public with questions or comments. Chairman Strach closed the public comment portion of the hearing at 8:50 p.m. Motion by Lehman seconded by Gurda to recommend to the City Council with regard to File No. Z-975, approval of a Zoning Map Amendment to the C-5 Highway Commercial District upon Annexation for subject property and that all Zoning Map Amendment Approval Criteria in section 11-5-5 of the Zoning Ordinance have been met. Roll Call: Vote: 6-ayes: Thacker, Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 1-absent: Doherty. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-975 at 8:52 pm. Public Hearing: Ruben and Sherry Arevalo Z-976 808 S. Carol Avenue Minor Variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback Chairman Strach called the Public Hearing to order at 8:53 p.m. regarding File No. Z-976 an application for a minor variance to allow a 17-foot and 3 % inch front yard setback in lieu of the required 30-foot setback at the property located at 808 S. Carol Avenue. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. Chairman Strach stated and presented a letter of objection to the request received by neighbors at 806 S. Carol Avenue. In attendance were Sherry and Ruben Arevalo, 808 S. Carol Avenue (owners), who were sworn in. Ms. Arevalo stated they are requesting this variance because they originally applied for an administrative variation but were ultimately denied because one of the neighboring residents filed an objection. They would like to appeal that decision because it has been their dream to build a garage addition with a second floor in order to use their property to its ultimate advantage. City Planner Sheriff gave the Staff Report stating The Property Owners are requesting approval of a minor variance to allow a 17-foot and 3 % inch front yard setback in lieu of the required 30- foot setback. The largest concern regarding the request is how it will affect the character of the neighborhood. Staff measured the surrounding properties and their setbacks from the front lot line using McHenry County's GIS program and found many varying setbacks. Based upon the varying measurements, staff does not believe the petitioners' request negatively impacts the surrounding properties. He further stated If the commission agrees with Staffs assessment, it is recommended they proceed with a motion to approve the petitioner's request for a minor Planning and Zoning Commission October 21, 2020 Page 7 variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue. Chairman Strach opened the floor to questions and comments from the commissioners. Commissioner Thacker stated he visited the property and agreed that the property looked very good and he opined the changes being proposed would be amenable to the neighborhood. Commissioner Sobotta stated he has a concern with setting a precedence and believes it will adversely affect the neighboring property owner at 806 Carol. There were no other questions or comments. Chairman Strach opened the floor to questions and comments from the public. Ms. Madeline Severa, 806 Carol, McHenry IL was sworn in and stated she has lived at her address for 50 years and did write a letter of objection which was shared but briefly wanted to confirm she is concerned with the property value of her home, the limited airflow and sunlight available to the south side of her home if this request is approved, the detrimental conditions to her daughter's health due to decreased airflow and sunlight, and possible impact to her landscaping, specifically a magnolia tree, as well as her own health. Mr. Fred Heald, 807 Carol Avenue, McHenry, IL was sworn in and stated he has lived in the neighborhood the longest and both neighbors have been good neighbors. He opined the addition would be an added benefit to the street and neighborhood and asked how far past the front of the Severa home the proposed addition would go. Planner Sheriff stated it would be two feet further. Ms. Severa stated she has no objection to the petitioner adding up; her objection is to them adding out on the property. Her tall hedges are a natural border and very different from a brick wall. Chairman Strach closed the public comment portion of the hearing at 9:10 p.m. Commissioner Sobotta inquired if this request would set a precedence for the City. Chairman Strach responded not necessarily. There were no other comments or questions. Motion by Lehman seconded by Gurda to recommend to the City Council with regard to File No. Z-976, approval of the petitioner's request for a minor variance to allow a 17 feet and 3 % inch front yard setback in lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue; and that all the Approval Criteria for Variances listed in Section 11-19-5 of the City of McHenry Zoning Ordinance have been met. Roll Call: Vote: 6-ayes: Thacker, Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 1-absent: Doherty. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-976 at 9:15 pm. Planning and Zoning Commission October 21, 2020 Page 8 Staff Report: The next regularly scheduled meeting is November 18, 2020. Planner Sheriff stated the City went out for an RFQ for a downtown cityscape master plan in the beginning of October with an application deadline of November 9. A community development contract was just signed with a consulting firm for an apartment study forthe city to use in future planning. Planner Sheriff asked the Commission for direction on whether to review the nonconformity section of the Zoning Ordinance based on the discussion tonight. Discussion was held regarding changing meeting time to 7:00 p.m. for 2021 and future schedules. Adjourn: Motion by Sobotta and seconded by Thacker, all approved. Meeting adjourned at 9:30 p.m. Shawn Strach, Chairman Planning & Zoning