HomeMy WebLinkAboutPacket - 10/21/2020 - Planning and Zoning Commission
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
PLANNING AND ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, October 21, 2020
TIME: 7:30 p.m.
PLACE: Zoom Web Conferencing Application
Join Zoom Meeting: https://cityofmchenry.zoom.us/j/97260922771
Phone: +1-312-626-6799
Meeting ID: 972 6092 2771
AGENDA
1. Call to Order
2. Roll Call
3. Public Input – (five minutes total on non-agenda items only)
4. Consideration of Approval of Meeting Minutes: August 19, 2020
5. Z-965 – Conditional Use Permit to allow the operation of an automobile fueling station: The
petitioners are McHenry 3510 LLC and McHenry LFI LLC of 9440 Enterprise Drive, Mokena, IL
60448 (“Property Owners”)
Requested Action: The petitioners are requesting approval of a Conditional Use Permit to
operate an Automobile Fueling Station at 3510 and 3522 W. Elm Street.
Location of Subject Property: The Subject Property is located at 3510 and 3522 W. Elm Street,
McHenry, IL 60050 on the northwest corner of W. Elm Street and N. Green Street.
6. Z-974 – Use Variance to allow three horses and four chickens and any other variances required
to effectuate the aforementioned request: The petitioners are Doherty JD Tr, Doherty KA Tr of
2150 Richmond Road, McHenry, IL 60050 (“Property Owners”)
Requested Action: The petitioners are requesting approval of a Use Variance to allow three
horses and four chickens and any other variances required to effectuate the aforementioned
request.
Location of Subject Property: The property consists of 2.19 acres more or less, and is located at
219 S Barreville Road, generally located north of Charles Miller Road and east of Knox Park.
7. Z-975 – Zoning Map Amendment after annexation from RS1A-Medium-Low Density Single-
Family Residential District to C-5 Highway Commercial District:
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
The petitioners are North Shore Venture Capital, Mary Beth Adams Managing Member, P.O. Box
363 Charles Street, McHenry, IL 60051 (“Property Owners”).
Requested Action: The petitioners are requesting approval of a Zoning Map Amendment after
annexation from RS1A-Medium-Low Density Single-Family Residential District to C-5 Highway
Commercial District.
Location of Subject Property: The site consists of 0.57 acres more or less, and is generally
located north of River Road and south of Illinois Route 120.
8.Z-976 – A minor variance to allow a 17 feet and 3 ¼ inch front yard setback in lieu of the
required 30-foot front yard setback: The petitioners are Ruben and Sherry Arevalo of 808 S.
Carol Avenue, McHenry, IL 60050 (“Property Owners”).
Requested Action: The petitioners are requesting approval of a Minor Variance to allow a 17
feet and 3 ¼ inch front yard setback in lieu of the required 30-foot front yard setback.
Location of Subject Property: The site consists of 0.20 acres, more or less, and is located
approximately 73 feet north of the intersection of W Beach Drive and Carol Avenue, with a
common address of 808 S Carol Avenue.
9.Staff Report: Next Meeting Date: November 18, 2020
10.Adjourn
City of McHenry
Planning and Zoning Commission Minutes
August 19, 2020
Chairman Strach called the July 15, 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 De velopment 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 7:40 p.m. There was nobody in attendance who wished to
address the Commission with public comment.
Approval of Minutes: Consideration of July 15, 2020 Meeting Minutes as presented. Motion
by Sobotta and seconded by Lehman for approval.
Roll Call: Vote: 5-ayes: Commissioners Gurda, Lehman, Sobotta, Strach, and Walsh. 0 -nay;
2-abstained: Doherty, Thacker; 0-absent. Motion Carried.
Chairman Strach gave an explanation of the process of making a staff motion and seconding
for clarification with the new format on staff reports.
Public Hearing: Krzysztof Lenart, DN N DRTY LLC
Z-972
1302 Borden Street
Conditional Use Permit to Allow Outdoor Storage in Conjunction with a Towing Business.
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No. Z-972 an
application for a Conditional Use Permit to allow outdoor storage in conj unction with a towing
business at the property located at 1208 N. River 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.
In attendance was Krzysztof Lenart, 1524 River Terrace Dr., Johnsburg (owner), who was sworn
in. Mr. Lenart stated he is requesting a Conditional Use Permit in order to move his towing
business to this location, which he purchased recently.
City Planner Sheriff gave the Staff Report stating Mr. Lenart owns DN N DRTY LLC and is
requesting approval of a Conditional Use Permit to allow outdoor storage in conjunction with his
towing business at new property he acquired at 1302 Borden Street. In 2012 the McHenry City
Council approved a conditional use permit on the property which allowed the outdoor storage
with specific conditions on approval. “Condition Six: Outdoor storage of inoperable vehicles, as
Planning and Zoning Commission
August 19, 2020
Page 2
defined by city ordinances, is prohibited”, specifically identifies inoperable vehicles as not
permitted to be stored outdoors. The petitioners will need to have condition six removed in order
to operate a towing business and will therefore need to receive approval of a Conditional Use
Permit for outdoor storage of inoperable vehicles in conjunction with a towing business.
Inoperable vehicles were defined and Planner Sheriff stated Mr. Lenart must meet the approval
criteria for Conditional Uses, listed in the City of McHenry Zoning Ordinance and that overall,
staff believes the proposed development is consistent with the City’s Comprehensive Plan
objectives and policies.
Planner Sheriff received and distributed correspondence from Advance Auto stating they had no
objection to this request as long as the property is kept clean and the outdoor storage is not
visible.
Planner Sheriff stated the surrounding land use and zoning consists of industrial and commercial
properties. The primary concern regarding outdoor storage is largely aesthetic and potentially
environmental from leaking automobile fluids. The property currently contains privacy fencing
and a chain link fence that is screened by vegetation on the east and south side. The storage area
is heavily screened from view by dense vegetation to the north and Staff believes the storage
area is appropriately screened for the proposed use. The storage area is composed of gravel.
Outdoor storage should be limited to non-leaking vehicles in order to not contaminate the soil.
Planner Sheriff stated the proposed use is consistent with the future land use map
recommendation and the request appears consistent with the City’s Comprehensive Plan and
approval criteria for conditional uses. He further stated Staff does not object to the petitioner’s
request and recommends approval subject to appropriate conditions, as presented.
Chairman Strach opened the floor to questions and comments from the commissioners.
Commissioner Thacker asked if there would be any additional upgrades made to the building.
Mr. Lenart stated he may put in fence screening on the south side of the property along the car
wash to help with aesthetics. There were no other questions or comments.
Chairman Strach opened the floor to questions and comments from the public. Being there
was nobody in attendance from the public, Chairman Strach closed the public comment portion
of the hearing at 7:50 p.m.
Commissioner Lehman stated he was satisfied with the report and request. 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-972, approval of the petitioner’s request for outdoor storage in conjunction with a towing
business, subject to the following conditions:
1. All outdoor storage shall be screened from view by a 6-foot privacy fence, at minimum,
or by a landscaped barrier that is approved by the Zoning Administrator;
2. The property owners shall maintain and replace any existing landscaped screening that
is damaged or destroyed;
3. All outdoor storage shall be related to the site’s existing business operations;
4. The outdoor storage area shall not be accessible to the general public;
Planning and Zoning Commission
August 19, 2020
Page 3
5. The outdoor storage of bulk materials is prohibited unless enclosed within a storage
container;
6. The outdoor storage area shall be maintained in a neat and orderly fashion;
7. All leaking vehicles shall be stored indoors or on a paved surface;
8. All repair work shall be conducted indoors;
9. All other federal, state, and local laws shall be met.
And that all the Approval Criteria for Conditional Uses of the City of McHenry Zoning Ordinance
have been met.
Roll Call: Vote: 7-ayes: Doherty, Thacker, Gurda, Lehman , Sobotta, Strach, and Walsh. 0-nays, 0-
abstained, 0-absent. Motion Carried.
Chairman Strach closed the Public Hearing regarding File No. Z-972 at 7:45 pm.
Staff Report: The next regularly scheduled meeting is September 16, 2020. Planner Sheriff gave
a brief description of an invitation to a gravel pit tour to be held as a special City Council meeting
coming up on August 22 and September 12 to which they are invited. Planner Sheriff informed
the commission he will be working on a zoning district consolidation in the near future to be
presented to City Council and a streetscape plan which will help obtain future grant opportunities
for our downtown districts. He also stated RFP’s will begin being requested for the Central
Wastewater Treatment plant in the near future.
Adjourn: Motion by Sobotta and seconded by Gurda, roll call vote, 7-0, meeting adjourned at
7:50 p.m.
__________________________________
Shawn Strach, Chairman Planning & Zoning
Staff Report for the City of McHenry Planning & Zoning Commission
Staff Comments
The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be
considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the
testimony presented during the public hearing.
BACKGROUND & REQUEST SUMMARY
The petitioners, Ruben and Sherry Arevalo (“Property Owners”) are requesting approval of a minor variance to allow a
17 feet and 3 ¼ inch front yard setback in lieu of the required 30-foot front yard setback. The subject property consists
of 0.20 acres, more or less, with a common address of 808 S. Carol Avenue. The petitioners originally applied for an
administrative variation but was ultimately denied because an objection was filed by one of the neighboring residents.
The petitioners are appealing the decision to the Planning & Zoning Commission and City Council.
CITY OF MCHENRY ORDINANCES
• The petitioners must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning
Ordinance.
COMPREHENSIVE PLAN OBJECTIVES AND POLICIES
An objective listed in the Neighborhood Character chapter of the City’s Comprehensive Plan is to promote attractive
neighborhoods (p. 49). However, there is no policy listed under the objective that specifically relates to this circumstance.
STAFF ASSESSMENT
The Property Owners are requesting approval of a minor variance to allow a 17 foot and 3 ¼ inch front yard setback in
lieu of the required 30-foot setback. The largest concern regarding the request is how it will impact the character of the
neighborhood. Staff measured the surrounding properties and their setbacks from the front lot line using McHenry
County’s GIS program (PlanDev Viewer) – measurements may deviate approximately +/- 1 feet. The property directly
north of the subject property (806 Carol Ave) is approximately 19 feet from the street lot line. Other properties along
Carol Avenue range from 19 to 31 feet from the street lot line. There is an additional 20 feet between the edge of
pavement and the front property line of the properties along Carol Avenue. Based upon these measurements, staff does
not believe the petitioners’ request will negatively impact the surrounding properties.
MINOR VARIANCE APPROVAL CRITERIA. Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
• The setbacks of the principal residences from the street lot line along Carol Avenue varies from 19 to 31
feet. This is not typical of most subdivisions that typically share uniform setbacks.
B. Circumstances Relate to the Property Only.
• Staff believes this is a special circumstance as a result of the size of the lots and the configuration of the
houses along Carol Avenue.
C. Not Resulting From Applicant Action.
• The petitioner did not create the size of the lot.
D. Unnecessary Hardship.
• Staff believes if the city enforces the ordinance that it would cause undue hardship upon the applicant
when other neighboring residents have been afforded that privilege.
E. Preserves Rights Conferred By District:
• Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
• Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of
the property.
G. Not Alter Local Character:
• Staff believes approval of the applicant’s request would not substantially alter essential character of the
locality nor have any other adverse impacts. Improvements to the house would positively impact the
surrounding neighborhood.
H. Consistent With Title And Plan:
• Staff believes the proposed expansion is appropriate for a residential zoning district.
I. Minimum Variance Recommended:
• Staff believes the proposed expansion and variance requested is the minimum required.
PLANNING & ZONING COMMISSION MOTION
If the commission agrees with staff’s assessment, the following motion is recommended:
MOTION to approve the petitioner’s request for a minor variance to allow a 17 feet and 3 ¼ inch front yard setback in
lieu of the required 30-foot front yard setback for the property located at 808 S. Carol Avenue.
Attachments:
• GIS Measurements
• Petitioner’s Application