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HomeMy WebLinkAboutPacket - 11/18/2020 - 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, November 18, 2020 TIME: 7:30 p.m. PLACE: Zoom Web Conferencing Application Join Zoom Meeting: https://cityofmchenry.zoom.us/j/91239388109 Phone: +1-312-626-6799 Meeting ID: 912 3938 8109 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: October 21, 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. **The petitioners have requested this agenda item be tabled to the December 16, 2020 Planning & Zoning Commission Meeting** 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. 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. 7. Z-977 – Various Text Amendments to the City of McHenry Zoning Ordinance: The City of McHenry is proposing various 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. 8. Staff Report: Next Meeting Date: December 16, 2020 9. Adjourn City 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 ¼ 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 ¼ 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 ¼ 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 Staff’s 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 ¼ 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 ¼ 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 for the 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 [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 1 At the October 21 meeting the Commission continued this case. Since that time staff visited the site (photographs attached) and observed four horses but no chickens. The north property line is very well vegetated. Additionally, the fence and the shed/stable are in close proximity to 223 S. Barreville Road, 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 driveway (northernmost driveway). Staff also received some comments from Commissioners (below). • Re-locate the shed/stable to the mid-point or just north of the southern border of the northern property line. • No waste/manure to be stored on site. • Either move setbacks of the fence to 10 feet inside property lines bordering the property in question or plant tree/screening along both the north and south borders. • No additional animals allowed on property and also no replacement of the animals currently allowed on this property. • 10 years max and if the property changes ownership the property must be returned to a conforming standard. The applicant stated they 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. At this point, after speaking with the City Attorney, staff is recommending the Planning and Zoning Commission make no recommendation due to a conflict of interest (applicant-member of Planning and Zoning Commission). The initial staff report and recommendation are included and follows for your reference after the photographs. [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 2 View looking north along north property line View looking west along north property line [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 3 View looking south along north property line View looking west along 223 S Barreville Road property line [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 4 View looking west along south property line, abutting 223 S Barreville Road View looking southwest from center of rear yard of subject property [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 5 Applicant JD Doherty Tr and KA Doherty Tr 2150 N Richmond Road McHenry, IL 60050 Requested Action Use Variance to allow three horses and four chickens, after annexation Site Information Location and Size of Property The subject property is located at 219 S Barreville Road, on the west side of Barreville Road (Green Street) and consists of approximately 2.19 acres Comprehensive Plan Designation Estate Residential Existing Zoning and Land Use The subject property is currently zoned A1 Agriculture in unincorporated McHenry County and contains a single-family house Adjacent Zoning and Land Use North: RS-2 Medium-Density Single-Family Residential, Single-Family Residences South: A-1 Agriculture Unincorporated McHenry County, Residence East: RS-1 Low-Density Single-Family Residential, Residences West: RS-3 Medium-High Density Single-Family Residential, Knox Park Background 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. The keeping of horses and farm animals is a conditional use in the Agriculture and Mining Overlay District. Additionally, the Agriculture District permits horse stables and horse arenas. However horses and other farm animals such as chickens are expressly prohibited by the City’s Animal Control ordinance, language below. [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 6 A. Prohibition: Except as otherwise provided herein, no person shall keep or harbor any animal, except domestic animals, within the corporate limits of the City. B. Farm Animals: Except as authorized by the issuance of a conditional use permit in the A- M Agricultural and Mining Overlay District, no person shall keep or harbor, within the corporate limits of the City, any farm animals, including chickens sold as "household pets". C. Exotic Animals: No person shall keep or harbor, within the corporate limits of the City, any exotic animals. (1987 Code § 6-5) Staff Analysis The applicant is required to obtain a use variance to make the subject property comply with the City’s zoning ordinance (become legal) 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. [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 7 Use Variance Criteria Form E of the City’s zoning ordinance includes approval criteria to be considered when evaluating a request for a use variance. Included are five criteria which the applicant must satisfy to receive a positive recommendation for the request. These are: practical difficulties or particular hardship, reasonable return, unique circumstances, not altering local character and consistency with the comprehensive plan. Staff believes with the conditions as stated the use variance criteria have been met. This is not a situation the applicant put themselves (annexation) in however given the proposed amortization schedule staff thinks it is a fair compromise. RECOMMENDATION PRIOR TO PUBLIC HEARING Approval of a Use Variance at 219 S Barreville Road to permit the applicant to have three horses and four chickens with the following conditions: • The applicant be permitted to keep three horses and four chickens at the subject property for 10 years or until the title of the home changes, whichever occurs first. Staff finds all approval criteria for use variances in section 11-19-6 of the Zoning Ordinance have been satisfied. Attachments • Maps of Subject Property • Application packet [Z-974 PLANNING AND ZONING COMMISSION STAFF REPORT USE VARIANCE TO ALLOW THREE HORSES AND FOUR CHICKENS AT 219 S BARREVILLE RD] November 18, 2020 8 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Planning & Zoning Commission FROM: Cody Sheriff, City Planner FOR: November 18, 2020 Planning & Zoning Commission RE: Various text amendments to the Zoning Ordinance. ATT: Draft Nonconformities Language Agenda Item Summary: The City of McHenry is proposing changes 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. Request: Staff is requesting feedback on the proposed changes to present a final draft at the December Planning & Zoning Commission meeting. 1. Nonconformities The McHenry Zoning Ordinance currently allows for the replacement of structures that are not in compliance with the Zoning Ordinance. These structures typically are legally permitted at one point in time but have since fallen out of compliance with subsequent amendments to the Zoning Ordinance. A structure is nonconforming if it specifically does not comply with the following Zoning District Requirements under our current ordinance: • yards (setbacks) • building height • lot area per dwelling unit • lot width Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • floor area ratio • off street parking and loading • signage • and landscaping and screening It is standard practice to include a sunset provision within a zoning ordinance. An example would be if a structure is damaged or destroyed to the extent of 50% or more that it cannot be replaced unless it complies with applicable zoning district bulk and setback requirements. The goal is that overtime, these nonconformities should correct themselves. (Draft language is attached in separate document) 1.a What does this mean for a resident? What’s being proposed largely does not impact most residents. It was the decision of staff to grandfather all existing lawfully created nonconforming single-family principal structures and nonconforming detached garages. Particularly in older legacy neighborhoods near the waterfront, many residences have a variety of nonconformities. Staff felt it would create an excessive amount of nonconformities and it would be more appropriate to address these areas with supplemental Overlay Zoning District Regulations or to grandfather these nonconforming principal residential structures – with the latter being recommended. However, this ordinance does not grandfather in accessory structures such as fences and sheds. 1.b What does this mean for businesses? Nonconforming non-residential principal and accessory structures will no longer be able to be rebuilt if damaged or destroyed to the extent of 50% or more of the replacement value unless it conforms with the underlying zoning district regulations. Staff have provided exceptions that is standard language from other municipalities to exempt nonconformities created as a result of right-of-way acquisition, waterway erosion, or if it’s a result of a court order. Those affected will always have the ability to correct the nonconformity by requesting a variance. 1.c Why is a nonconformities ordinance important? The Zoning Ordinance is one of the strongest tools a municipality has to create its vision of the future. The nonconformities section of the ordinance is what gives a municipality the authority to correct existing legally permitted structures that have since fallen in conflict with subsequent amendments to the Zoning Ordinance. This can become more compounded overtime as more amendments to the Zoning Code are adopted. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Zoning Ordinance Comparison: Key Provisions Table McHenry (Current) Crystal Lake South Elgin Woodstock McHenry County Replacement of Nonconforming Structures Yes No (50% rule) No (50% rule) No (50% rule) No (50% rule) Enlargement or Expansion of Nonconforming Structures Unspecified. Zoning Admin Interpretation: Yes, as long as degree of nonconformity isn’t increased. Yes, as long as it does not increase the nonconformity. Yes as long as it doesn’t increase nonconformity or height. No. Yes as long as it meets side yard setback requirements and doesn’t increase degree of nonconformity. Sunset Timeline Nonconforming Uses 30 days 90 days 90 days 1 year 1 year Enlargement or Expansion of Nonconforming Uses No No No No No Repairs less than 50% of replacement value Yes Yes, but must obtain building permit within 6 mos. Yes, but must obtain building permit within 6 mos. Yes. Yes Other unique provisions. Provision that any changes to nonconforming parking lots will require conformance with code. Extension of walls provision for nonconforming single-family and two-family Dwellings Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 1.d Comparison of Municipalities & Summary Comments on the Nonconformities Text Amendments Of the municipalities examined, the City of McHenry is one of the only municipalities that doesn’t have a 50% provision. Staff has drafted and proposed an entirely new nonconformities chapter for the Planning & Zoning Commission to review. Staff specifically would like the Commission to discuss the grandfathering provision for existing nonconforming residential principal structures and detached garages as well as nonconforming commercial structures. --- The color key provided below is for text amendments hereafter. Green = New Language Black = Unchanged Language Red= Deleted language --- 2. Text Amendments to Zoning District Regulations (11-6-19) to adopt use standards for Outdoor Storage Areas. Staff wanted to address unpaved outdoor storage areas as well as incorporate use standards that are commonly referenced as conditions of approval. This is mainly to address older conditional use permits for outdoor storage which are vague and do not clearly identify where on the property the storage area is restricted to. This would allow staff to apply these standards as commercial entities that occupy these conditional use permits expand and evolve over time. 11-6-19: Outdoor Storage A. Applicability. The following standards apply to outdoor storage as an accessory to a non-residential use. The storage of construction equipment and materials on properties under active construction are not subject to these restrictions. 1. All outdoor storage shall be located on a paved surface. Existing nonconforming unpaved outdoor storage areas shall be required to be paved when a change of occupancy occurs. 2. Outdoor storage is prohibited within the required front and corner side yard setback of the underlying zoning district. (Continued on next page) Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 3. Outdoor storage of bulk materials is prohibited unless enclosed within a storage container. 4. All materials stored onsite shall be related to a permitted use of the property and shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator. 5. No required parking area can be used as outdoor storage. 6. Outdoor storage areas shall be reasonably screening from view off the property by any combination of buildings, solid fencing, or solid landscaping. a. The fencing or landscaping shall have a minimum height of six (6) feet at the time of installation. Storage is prohibited outside the screened area. b. The zoning administrator may require the installation of fencing in addition to solid landscaping. 3. Text amendments to Off Street Parking and Loading Requirements (11-12-2). The Community Development Department has run into several issues with property owners paving or using brick pavers to create ancillary parking spaces within their property. Currently, they are not required to connect to a right-of-way or driveway which inherently causes damage to green space overtime. The proposed standards would mitigate any potential damage to green space and prevent ‘Frankenstein’ parking pads composed of different materials. 11-12-2: Off Street Parking Requirements H. Parking Of Recreational Vehicles And Trailers: 1. Residential Districts: 1. Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard, as defined in section 11-3-1 of this title; 2. Trailers and recreational vehicles must be properly licensed; 3. Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface no less than the minimum dimensions of the vehicle or trailer being parked thereon, but in no case shall the parking surface be less than nine feet by eighteen feet (9' x 18'). (Continued on next page) Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 4. Said parking surface shall be constructed of paved, permanent, dust-free, homogenous material or brick pavers provided the parking surface does not allow grass or other vegetation to grow within, on or above the solid parking surface unless approved by the Zoning Administrator. 5. Said parking surface shall be required to connect to the right-of-way. 4. Text Amendments to Accessory Structures. The follow text amendments are targeting accessory residential structures used to store transportation vehicles. Currently, the Zoning Ordinance does not distinguish between garages and sheds. This can become problematic with homeowners that desire to build a car sized garage but insist it’s a shed and doesn’t require a paved connection to the driveway or right-of-way. 11-14-1(K) K. Accessory Storage Buildings: All garages and other common accessory structures use for storage shall be considered accessory storage buildings. 1. Accessory storage buildings greater than 200 square feet shall not be permitted to have an overhead door unless connected to a public right-of-way by a driveway constructed of paved, permanent, dust-free, homogenous material or brick pavers provided it does not allow grass or other vegetation to grow within, on or above the solid surface unless approved by the Zoning Administrator. 2. Accessory storage buildings less than 200 square feet and do not contain a motor vehicle, recreational vehicle or trailer used for transportation that will be accessing the right-of-way, an overhead door shall be permitted but a connection to the public right- of-way is not required. 5. Text Amendments to Zoning District Regulations to define Towing Businesses and require a Conditional Use Permit. It has been directed by staff over the years to consider all towing businesses conditional uses separate from outdoor storage. This would clear up any confusion when communicating with towing businesses now and in the future. Staff will add this change to all appropriate areas. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 6. Text Amendments to Minor Variances (11-19-3). As we have moved through this new administrative processes, staff would like to add language to clarify that the Zoning Administrator has the ability to deny these requests or to approve with conditions as long as it meets all of the approval standards identified below. This is also to correct an error by staff which accidentally excluded 11-9-3(C)2 from the final Ordinance. 11-19-3: Minor Variances A. Purpose and Scope: The purpose of Minor Variance procedures is to reduce the time and expense to homeowners of obtaining approval of simple variances that are likely to have minimal adverse impact in residential neighborhoods. B. Application: The fee owner, contract purchaser, or option holder of a single family detached or attached dwelling or single family detached or attached building lot that wishes to request a variance for that dwelling or lot may apply under Minor Variance procedures. C. Administrative Variation: Applications for Minor Variances may be reviewed and approved administratively. 1. The Zoning Administrator will review, and may approve with conditions, Minor Variance applications that meet the following standards: a. A complete application has been submitted to the Zoning Administrator. b. A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right-of-way. c. No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice, the Minor Variance shall be denied. 1. If denied, the property owner may submit an application for Minor Variance to be considered by the Planning & Zoning Commission and City Council. Applicants requesting a review by the Planning & Zoning Commission and City Council shall follow all procedural requirements as provided for in Section 11-19-3(D) Filling Submissions. 2. The Zoning Administrator may deny administrative variation requests if he or she believes it will negatively impact property values or negatively impact the health, safety, and welfare of the general public. D. Filing Submissions: Filing submissions shall be as determined on a case by case basis by the Zoning Administrator and may be less than required for other variances in Table 1 of the Filing Procedures section of this Ordinance. Other procedures and requirements shall be as provided for variances in the Filing Procedures section. Minor Variance procedures shall not apply to an application involving more than one dwelling or more than one building lot. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 7. Text Amendments to Fence Regulations. Staff wanted to get the feedback from Planning & Zoning Commission regarding proposed changes to fence regulations. Fence regulations fall within our building regulations and do not require Planning & Zoning Commission approval. Staff felt it was still important to have Planning & Zoning Commission discuss the changes highlighted below. 10-13-4: Fences A. Front And Corner Side Yards: No fence shall be installed closer than the required front or corner side yard setback established by the zoning district, except as follows: 1. Split rail, picket and wrought iron style fences may be installed in a required front yard so long as the fence does not exceed 50% opacity and the height of said fence does not exceed forty two (42’’) forty eight inches (48"); 2. Any style fence may be installed in a corner side yard; provided, that the maximum height of said fence shall not exceed seventy two inches (72"), is located no closer than five feet (5') from a corner side lot line, and providing that a clear line of sight for pedestrians and vehicles is maintained; 3. On a double frontage lot, split rail, chainlink or wrought iron style fencing may be located in a required front yard abutting a street, provided: i. Said yard shall not provide a means of vehicular access to the site; and ii. Maximum height of fencing shall not exceed seventy two inches (72"). B. Through-lots (double frontage lots): 1. Any fencing less than or equal to 50% opacity may be installed in a required front yard of a through lot; provided: a. Said yard shall not provide a means of vehicular access to the site; and b. Maximum height of fencing shall not exceed seventy two inches (72’). 2. Any fencing greater than 50% opacity may be installed in a required front yard of a through lot; provided: a. Said yard shall not provide a means of vehicular access to the site; and b. Maximum height of fencing shall not exceed seventy two inches (72’); and c. Is located a minimum of 5 feet from the rear lot line. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 8. Text Amendments to Chapter 2. Planning & Zoning Generally. As the end of the year approaches, staff is in the process of updating its fee schedule. As you may be aware, the City has separate fees for various zoning items. In addition to the filing fee, the Zoning Ordinance also requires a retained personnel fee of $500 for select zoning items. This $500.00 fee is outdated and most consultants require a $1,000.00 minimum. The retained personnel fee is also rarely used. Staff is proposing to delete this provision and simply add to the original zoning fee. It is important to note that the City does not charge for multiple zoning items. The new fees would be as followed, those fees not identified will remain unchanged: Current Fees Proposed Zoning Map Amendments, Conditional Use Permits, Zoning Variations, Use Variations $450 filing fee + $500 retained personnel fee Flat $950.00 filing fee. Zoning Variance - Minor $175.00 $175.00 CHAPTER 16 NONCONFORMITIES SECTION: 11-16-1: Purpose 11-16-2: Applicability 11-16-3: Nonconforming Uses 11-16-4: Nonconforming Structures 11-16-5: Nonconforming Lots of Record 11-16-1: Purpose The purpose of this Section is to regulate uses, structures, and lots that were in compliance with previous zoning regulations, but do not conform to current zoning regulations as a result of adoption of or amendments to this Ordinance. The intent of this Section is to specify the circumstances under which legal nonconforming uses, structures, and lots may be continued, altered, or expanded as well as circumstances under which such nonconformities shall be gradually eliminated. 11-16-2: Applicability A. Authority to Continue 1. Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, may continue as long as it remains lawful. 2. Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, and has been made nonconforming due to the regulations of this Ordinance, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this Section as long as it remains otherwise lawful. 3. Any use, structure, or lot that was established illegally as of the effective date of this Ordinance, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Ordinance. 4. If property is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance, and that use is now classified as a conditional use as of the effective date of this Ordinance, that use is deemed a nonconforming use. Such uses are allowed to continue and are controlled by the provisions of this chapter. However, any addition, enlargement, or expansion of the use is required to obtain a conditional use permit at the time of the addition, enlargement, or expansion. B. Nonconforming Status. The legal nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management. C. Burden of Establishing Legal Status. The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this Ordinance shall be the responsibility of the owner of such use, structure or lot. 11-16-3: Nonconforming Uses A. Applicability. A legal nonconforming use is the use of land that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. B. Expansion of Use. A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use. C. Relocation of Use. A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated. D. Damage or Destruction of Use. 1. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of 50% or more of its replacement value, then the use cannot be continued unless it meets the requirements of the subject zoning district. 2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that: a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity. b. A building permit is obtained for such repairs within 180 days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit. 3. The replacement value of the legal nonconforming structure shall be established by: a. The sale of the structure within the previous year, or if that is not applicable; b. An appraisal of the structure within the last two years, or if that is not available; c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available; d. An alternative method determined acceptable by the Zoning Administrator. E. Change of Use. A legal nonconforming use shall not be changed to any other use unless the use is allowed within the subject zoning district. F. Discontinuation or Abandonment of Use. If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least 30 days, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any subsequent use or occupancy of such land or structure shall meet the requirements of the subject zoning district. The following exceptions apply: 1. If the period of such discontinuance is caused by government action or acts of God, it is not included in calculating the length of discontinuance. 2. If the property owner files notice in writing of the suspension of a nonconforming use with the Zoning Administrator prior to the expiration of the continuous period of at least 30 days. The Zoning Administrator may approve an extension of such timeframe not to exceed 30 days. 11-16-4: Nonconforming Structures A. Applicability. A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. For the purposes of this Section, legal nonconforming structures shall include signs (see §10-20-8: Nonconforming Signs), on-site development, off-street parking and loading facilities, and landscape characteristics. B. Ordinary Maintenance and Repair. Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity. C. Structural Alterations, Enlargements, and Additions. Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations: 1. When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition as determined by the Zoning Administrator. 2. When the alteration, enlargement, or addition is for the purpose of creating a conforming structure. 3. When the alteration, enlargement, or addition will not create any new nonconformity, extends no further than the existing non-conforming setback, and does not increase the height of the existing structure. D. Relocation. A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated. E. Damage or Destruction. 1. In the event that a legal nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located. 2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that: a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity. b. A building permit is obtained for such repairs within 180 days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit. 3. The replacement value of the legal nonconforming structure shall be established by: a. The sale of the structure within the previous year, or if that is not applicable; b. An appraisal of the structure within the last two years, or if that is not available; c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available; d. An alternative method determined acceptable by the Zoning Administrator. F. Extension of Walls for Nonconforming Single-Family and Two-Family Dwellings. Where a single-family or two-family dwelling is a legal nonconforming structure because of encroachment into the required setback, the structure may be enlarged or extended vertically along the same plane as defined by its existing perimeter walls, so long as the resulting structure complies with the required side yard setbacks and does not increase the degree of the existing nonconformity or otherwise violate this Ordinance. G. Principal Single-Family and Two-Family Residential Structures Deemed Conforming. Lawfully created principal single-family and two-family residential structures, which also may include a legal nonconforming detached garage, that do not meet the underlying zoning district requirements as of the effective date of this ordinance shall be allowed to be rebuilt in the same building footprint if damaged or destroyed provided that: 1. It does not increase the degree of the nonconformity; 2. The nonconforming principal residence and/or detached garage is reconstructed within one year of being damaged or destroyed. H. Any changes to a nonconforming parking lot will require conformance with Chapter 12 Off Street Parking and Loading, and Chapter 13 Landscaping and Screening. 11-16-5: Nonconforming Lots of Record A. Applicability. A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. B. Contiguous Nonconforming Lots of Record. If two or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this Ordinance, then the lots of record shall be developed as a single entity. C. Nonconforming Residential Lots of Record. Any lawfully created lot of record as of the effective date of this title that is located in a Residential District, that has no substantial structure upon it, and is legal nonconforming may be used for a single- family detached dwelling without elimination the nonconformity provided the residence meets the underlying zoning district’s setback requirements. D. Lots or Parcels Deemed Conforming. Lots or parcels created as a result of the following actions are deemed conforming for the purposes of this Ordinance: 1. When land area is acquired by a government agency for expansion of right-of-way 2. When the action of waterways that forms the boundaries of a lot reduce the lot area. 3. When property lines are established by a court order in order to settle a boundary dispute between adjacent property owners.