HomeMy WebLinkAboutMinutes - 11/18/2020 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
November 18, 2020
Chairman Strach called the November 18, 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, Gurda, Lehman, Strach, Sobotta, and Walsh. Absent: Thacker. Also in
attendance were City Planner Cody Sheriff, Director of Economic Development Martin, Economic
Development Coordinator Wolf, Community Development Director Polerecky, and Alderman Jeff
Schaefer.
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 October 21, 2020 Meeting Minutes as presented.
Motion by Lehman and seconded by Gurda for approval.
Roll Call: Vote: 6-ayes: Commissioners Doherty, Gurda, Lehman, Sobotta, Strach, and Walsh.
0-nay; 0-abstained; 1-absent: Thacker. Motion Carried.
Public Hearing
Z-965
Agenda Item #5
Chairman Strach stated the applicants for File No. Z-965, agenda Item #5 (First Midwest Bank
Redevelopment/7-Eleven Automobile Fueling Station at 3510 and 3522 W. Elm Street) have
requested their case be continued to the December 16, 2020 Planning & Zoning Commission
meeting.
Motion by Sobotta and seconded by Lehman to continue the hearing on File No. Z-965 to
the December 16, 2020 meeting.
Roll Call: Vote: 6-ayes: Commissioners Doherty, Gurda, Lehman, Sobotta, Strach, and Walsh.
0-nay; 0-abstained; 1-absent: Thacker. 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 continued Public Hearing to order at 7:37 p.m. regarding File No. Z-
974 an application for a Use Variance to allow three horses and four chickens and any other
Planning and Zoning Commission
November 18, 2020
Page 2
variances required to effectuate the request at the property located at 219 S. Barreville Rd.,
which was continued from the October 21, 2020 meeting.
In attendance was Joe Doherty, 217 Loch Glen Lane, McHenry, IL. (Owner).
Economic Development Director Martin gave the Staff Report stating since the October 21
meeting staff visited the site and observed four horses but no chickens, the north property line
very well vegetated, and the fence and the shed/stable are in close proximity to 223 S. Barreville
Road. He also noted, however, the applicant stated they would plant bushes from the stable
south to the end of the fence line on the outside of the fence abutting 223 S. Barreville Road.
There is a dumpster in the northernmost driveway.
Director Martin also received and presented comments from Commissioners. It was stated the
applicant would prefer to be treated as a nonconforming use or alternatively have a 20-year
agreement with no provisions included pertaining to the sale of the property.
Director Martin stated, after speaking with the City Attorney, Staff is recommending the Planning
and Zoning Commission terminate the public hearing and make no recommendation due to a
conflict of interest (applicant-member of Planning and Zoning Commission), however public input
can be heard.
Chairman Strach opened the floor to questions and comments from the public.
Mr. Brian Kilinski, 213 S. Green St., McHenry was sworn in and thanked the commission for
considering his comments. He is an abutting property and the smell and upkeep of the subject
property is a concern and runoff from the property is also a major concern now and in the
future. He suggests the horses be removed or allow them for a shorter time frame and not be
replaced as well as not allowing any further animals. Mr. Kilinski requested the waste be
removed and taken off-site on a timely basis because of the impact on his property value for
resale and the impact on their daily lives. Commissioner Strach confirmed that Mr. Kilinski
would have a chance to make comments at the City Council meeting and he would be notified
when that meeting will occur.
Attorney Guy Youman stated he is representing Ms. MaryAnn Knox who is an adjacent property
owner. He stated the dust is a problem and is becoming a health concern. Water with manure
was diverting into Mrs. Knox’s well area and the health department needed to be called for
remediation. The horses were to be kept away from her property as a result of that call.
Attorney Youman stated the Commissioner comments presented in the Staff Report are all very
good and should be implemented, however they do not believe a 10 feet move is not far
enough. They would like to see a 30’ setback from Mrs. Knox’s property line and opine it would
help keep the dust down. He stated horses eat vegetation so any vegetation that would be
planted should then be planted outside the 30’ setback fence line. They especially are in
agreement with a no replacement clause on the animals that are present now. Attorney
Youman stated he has reached out and not had any response from Mr. Doherty.
Chairman Strach closed the public comment portion of the hearing at 8:00 p.m.
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November 18, 2020
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Chairman Strach recommended commissioners motion to terminate the public hearing based
on a conflict of interest and forward the case to the City Council for consideration.
Motion by Walsh seconded by Lehman, 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 terminate the public hearing based on a
conflict of interest and forward the case to the City Council for consideration.
Roll Call: Vote: 5-ayes: Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 1-
absent: Thacker, 1-recused: Doherty. Motion Carried.
Chairman Strach closed the Public Hearing regarding File No. Z-974 at 8:01 pm.
City of McHenry
File No. Z-977
Text Amendments to the Zoning Ordinance including but not limited to Chapter 2 Planning
and Zoning Generally, Chapter 6 District Regulations, Chapter 12 Off Street Parking and
Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities,
and Chapter 19 Variances
Chairman Strach called the discussion to order at 8:02 p.m. regarding File No Z-977 a request for
various text amendments to the City of McHenry Zoning Ordinance including but not limited to
Chapter 2 Planning and Zoning Generally, Chapter 6 District Regulations, Chapter 12 Off Street
Parking and Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities,
and Chapter 19 Variances.
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.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating he
is requesting feedback on the proposed changes in the staff report to present a final draft at the
December Planning & Zoning Commission meeting.
Commissioner Doherty left the meeting at 8:07 p.m.
Discussion ensued and suggestions were presented regarding the text amendments for:
Nonconformities: Planner Sheriff took notes on comments from Commissioners and will
implement them in the final document to be presented in December. Commissioner Gurda
stated he was not sure he could support some of the changes as presented. Planner Sheriff stated
he has included reasonable provisions to accommodate single-family residences to appeal in
extenuating circumstances. Commissioner Sobotta liked adding a provision that a building permit
must be submitted within 6 months.
Regarding nonconforming parking lots Planner Sheriff suggested making them conform once a
change of use is implemented and that sales tax rebates could be offered to help alleviate some
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November 18, 2020
Page 4
fees if the use does not change allowing some conformance to be obtained as well as giving Staff
permission to do administrative reviews.
Accessory Structures: Commissioner Gurda stated concern for residents with very large lawn
equipment and furniture being restricted on structure size with overhead doors. Commissioner
Strach confirmed there will be an appeal and variance process and suggested the addition of an
administrative review process for extenuating circumstances.
Chapter 2. Planning & Zoning Generally: No objections voiced including Planner Sheriff adding
that a conceptual review filing fee was omitted on the presented staff report but would also be
included in the final recommendation at the $950 filing fee.
There were no objections, comments or suggestions for the revisions presented to:
Use standards for Outdoor Storage Areas; Off Street Parking and Loading Requirements;
Defining Towing Businesses and requiring a Conditional Use Permit; Minor Variances; or Fence
Regulations.
Chairman Strach invited questions and/or comments from the Public. There was nobody in
attendance who wished to address the Commission with public comment. Commissioner Strach
closed the public comment portion of the hearing at 9:00 p.m.
Motion by Sobotta seconded by Gurda to recommend with regard to File No. Z-977, the hearing
be continued allowing the proposed changes discussed to be presented in a final
recommendation at the December Planning & Zoning Commission meeting.
Roll Call: Vote: 5-ayes: Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 2-
absent: Thacker, Doherty. Motion Carried.
Chairman Strach closed the discussion regarding File No. Z-977 at 9:03p.m.
Staff Report: The next regularly scheduled meeting is December 16, 2020. The time will be
changed to 7:00 p.m. for the December 2020 meeting. Planner Sheriff shared a new
development map that may be added to the City’s website. The 2021 meeting schedule will be
presented at the December meeting. Director Martin stated five more annexations will be
brought to City Council in December.
Adjourn: Motion by Walsh and seconded by Lehman, all approved. Meeting adjourned at
9:10 p.m.
__________________________________
Shawn Strach, Chairman Planning & Zoning