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