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PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, September 29, 2021
TIME: 7:00 p.m.
PLACE: Zoom Web Conferencing Application
Join Zoom Meeting: Ih p.s.: / ii y i l.................ir xp ir��.aas/(/81058102934::
Phone:+1-312-626-6799
Meeting ID: 810 5810 2934
AGENDA
1. Call to Order
2. Roll Call
3. Public Input—(five minutes total on non-agenda items only)
4. Z-997-A Use Variation to allow a Body Art Establishment in the C-5 Highway Commercial District.
Petitioner:Jose Navarrete of 4723 W. Elm Street Apartment 01, McHenry, IL 60050("Applicant")
Site Information: The site consists of 0.28 acres, more or less, and is located approximately 80 feet west
of the intersection W. Elm Street and Meadow Lane,with a common address of 4801 W. Elm Street,
McHenry,IL 60050("Subject Property").
S. Z-995 Zoning Text Amendments to§11-9-7—Table 2—Permitted and Conditional Uses in Commercial
Districts.
Petitioner:City of McHenry
6. Z-996—A Minor Zoning Variation from the RS-4 High-Density Single-Family Residential District Interior
Side Yard and Rear Yard setback requirements to accommodate a new single-family residence.
Petitioner: Elizabeth Wagner-DeStefano and Basil DeStefano of 21558 W Goldfinch Ct, Kildeer, IL 60047
("Owners of Record")
Site Information:The site consists of 0.22 acres, more or less, and is located approximately 217 feet south
of the intersection of Lincoln avenue and Freund Avenue,with a common address of 3719 W.Freund
Avenue,McHenry,IL 60050("Subject Property").
7. Staff Report: Next Meeting Date: October 20, 2021 Regular Meeting
8. Adjourn
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Staff Report for the City of McHenry Planning & Zoning Commission
Petition: Z-997 Hearing Date: September 29, 2021
Applicant: Jose Navarrete of 4723 W. Elm Site Information: The site consists of 0.28
Street, Apartment 1, McHenry, IL 60050 acres, more or less, and is located
approximately 80 feet west of the intersection
Request: A Use Variation to allow a Body Art W. Elm Street and Meadow Lane, with a
Establishment in the C-5 Highway Commercial common address of 4801 W. Elm Street,
District. McHenry, IL 60050 ("Subject Property").
Zoning: C-5 Highway Commercial District
Future Land Use Designation: Commercial
Aerial
100 200 Fee
I I
Zoning Map
Zoning Districts
E Estate
RS-1 Low Density SFR
L
RS-1A Medium Low Density SFR
RS-2 Medium Density SFR
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RS-3 Medium High Desnity SFR
RS-4 High Density SFR
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RM-1 Low Density Multi-Family
RM-2 High Density Multi-family
Mu Mixed use
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C-1 Convenience Commercial
C-2 Neighborhood Commercial
C-3 Community Commercial
C-4 Downtown Commercial
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Zoning Ordinance Definitions Zoning Designation
C-5 Highway Commercial District- The purpose of this district is intended C_5 Highway Commercial District
to provide locations for highway oriented commercial uses, businesses
having large space needs, and other establishments offering goods and
services that are less frequently purchased.
Adjacent Zoning & Land Use
North: C-5 Highway Commercial
District (Strip mall)
South: RS-2 Medium Density
Single Family Residential District
East: C-5 Highway Commercial
District (Vacant)
West: C-5 Highway Commercial
District (Vacant)
City of McHenry Future Land Use Map
Future Land Use
Estate Residential
Low Density Residential
Medium-Density Residential
3
Medium'-Density, Iris High-Denisty Residential
ResiCiefltlal Integrated Design District
__. Industrial
9 Business Park
Commercial
Office
Municipal
a
Institutional
Parks and Conservation Area
Agricultural
IM Environmental Corridors
— Water
Parks and �� m .r Other
Conservation. Mixed-Use
r r Area f Historic Downtown
Residential
Dog Park
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V OpenStreetMap cont uryRrs,:jn ni'c4.GIS,
0 500 1,000 Feel Neighborhood Commercial
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Comprehensive Plan Text Future Land Use MapDesignation
Land Use Commercial
❑ Objective: "Allow a mixture of land uses in appropriate areas to
promote responsible growth while providing a high quality of life to the
residents." (p. 27) Adjacent Future Land Use
❑ Policy: "Preserve and expand areas of commercial land use." (p. 27)
North: Commercial
Unique Character South: Medium-Density Residential
❑ Policy: "Locate intense commercial...uses where they will not East: Commercial
negatively affect residential or open space uses." (p. 28) West: Commercial
Growth
❑ Policy: "Promote development that allows employment and a shopping
base which is diverse and affords the City with a sound economic
base." (p. 29)
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 petitioner, Jose Navarrete ("Applicant"), is requesting approval of a Use Variation to allow a Body Art
Establishment (tattoo shop) in the C-5 Highway Commercial District. The site consists of 0.28 acres, more or
less, and is located approximately 80 feet west of the intersection W. Elm Street and Meadow Lane, with a
common address of 4801 W. Elm Street, McHenry, IL 60050 ("Subject Property").
Body Art Establishments (tattoo shops) are currently not an allowed use in any Zoning District in the City of
McHenry. Although we have several in the City, those establishments also were required to seek approval of a
Use Variation. Staff is proposing text amendments to change this to an allowed use in the C-4 Downtown
Commercial District and C-5 Highway Commercial District.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of
McHenry Zoning Ordinance.
STAFF ANALYSIS
FUTURE LAND USE MAP RECOMMENDATION
The future land use map recommends commercial land use on the subject property. The proposed tattoo shop
is a service oriented commercial land use which is in substantial conformance with the future land use map
recommendation.
CURRENT LAND USE AND ZONING
The subject property is currently zoned C-5 Highway Commercial District and has remained vacant for several
years. The subject property is surrounded by primarily commercial zoning and land use with adjoining single-
family residential land use to the south. The primary concern is how the proposed use will interact with the
adjoining properties. Body Art Establishments do not generate adverse traffic nor noise. Staff does not believe
approval of the request will generate any adverse impacts.
COMPREHENSIVE PLAN OBJECTIVES AND POLICIES
Overall, staff believes the proposed development is consistent with the City's Comprehensive Plan objectives
and policies. Staff comments italicized.
Land Use
• Objective: "Allow a mixture of land uses in appropriate areas to promote responsible growth while
providing a high quality of life to the residents." (p. 27)
o Policy: "Preserve and expand areas of commercial land use." (p. 27)
Staff believes approval of the request is consistent with supporting and expanding areas of
commercial land use. Located on a state highway, but adjacent to a residential subdivision, staff
believes a Body Art Establishment will generate no adverse impacts and promote responsible
growth.
Unique Character
• Policy: "Locate intense commercial...uses where they will not negatively affect residential or open
space uses." (p. 28)
Body Art Establishments are a service-oriented use and generate relatively no negative externalities.
Staff does not believe the proposed use will negatively impact the adjacent residential properties.
Growth
• Policy: "Promote development that allows employment and a shopping base which is diverse and
affords the City with a sound economic base." (p. 29)
Approval of the request would be consistent with promoting economic growth in the City and allowing
a vacant site to be utilized.
SITE PLAN ANALYSIS
Due to Body Art Establishments generating few externalities, staff does not have any concerns with the site
plan.
STAFF RECOMMENDATION & MOTION
In summary, staff believes the proposed commercial use is in substantial conformance with the City of
McHenry Zoning Ordinance. The commercial land use of the subject property is consistent with the future land
use map recommendation. Body Art Establishments are a service-oriented use and do not generate much
traffic. Staff is proposing text amendments to allow Body Art Establishments as a permitted use within the C-4
Downtown Commercial District and C-5 Highway Commercial District. Staff does not object to the petitioner's
request and recommends approval.
If the Planning&Zoning Commission agrees with staff's assessment, then the following motion is
recommended:
MOTION: I motion to approve the petitioner's request for a Use Variance to allow a Body Art Establishment
on the Subject Property.
AND by making said motion, I agree with staff's assessment that the approval criteria for Use Variations have
been met as outlined in the Staff Report.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-61
A. Practical Difficulties or Particular Hardship.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship upon the applicant.
B. Reasonable Return.
Staff believes the subject property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations.
C. Unique Circumstance.
Staff does believe the request is under special circumstances since the property has remained vacant for
several years and because Body Art Establishments are not permitted in any zoning district at this time.
D. Not Alter Local Character.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
property owners since it is a service-oriented use which generates minimal traffic.
E. Consistent With Title And Comprehensive Plan.
The developer is proposing commercial use and the Future Land Use Map recommends commercial land
use. Staff believes the overall request is consistent with the Title and Comprehensive Plan.
Attachments:
• Petitioner's Application and attachments
• Receipt of publication of legal notice
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11
FORMA File Number
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street-McHenry,IL 60050-Tel: (815)363-2170 -Fax: (815)363-2173
1. Name of Applicant Jose Navarrete Tel 224-321-9712
Address 4723 W. Elm Street, Apartment 01, McHenry, IL Fax
Email BCHOTATTOO@GMAIL.COM
2. Name of Property Owner Mike Fitzgerald Tel 815-236-5444
Address 4802 Bonner Drive, McHenry IL Fax
Email
3. Name of Engineer Tel
Address Fax
Email
4. Name of Attorney Tel
Address Fax
Email
5. Common Address or Location of Property
4801 W. Elm Street, McHenry, IL 60050
6. Requested Action(s)(check all that apply)
❑Zoning Map Amendment(Rezoning) ❑Zoning Variance—Minor(Residential)
❑Conditional Use Permit ❑Zoning Text Amendment
❑Zoning Variance(Non-residential) Use Variance
Page 3 of 19
NARRATIVE
Provide a brief description of the Requested Action(s). For example,the operation that requires a Conditional Use Permit,
the specific Zoning Variance needed, or the new zoning classification that is requested:
Tattoo Shop
Page 4 of 19
7. Current Use of Property
Vacant
8. Current Zoning Classification of Property, Including Variances or Conditional Uses (lntera crive Z�p�u ng l ap)
C-5 Highway Commercial District
9. Current Zoning Classification and Land Use of Adjoining Properties (triterctfl�� Zo.n........n....... Ma
.. ..........:......................_......... i.)
North: C-5 Highway Commercial District
South: RS-2 Medium-Density Residential District
East: C-5 Highway Commercial District
West: C-5 Highway Commercial District
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
_F-1 1. Application Fee (amount) $
_ 2. Narrative Description of Request
_ 3. FORM A—Public Hearing Application
4. FORM B—Zoning Map Amendment(Rezoning)Application
_ 5. FORM C—Conditional Use Application
_ 6. FORM D—Zoning Variance Application
_ 7. FORM E—Use Variance Application
_ 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit
_ 9. Plat of Survey with Legal Description
10. List of Owners of all Adjoining Properties
11. Public Hearing Notice
_ 12. Sign(Provided by the City)
_ 13. Site Plan
_ 14. Landscape Plan
15, Architectural Rendering of Building Elevations
16, Performance Standards Certification
_ 17. Traffic Analysis
18. School Impact Analysis
Page 5 of 19
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of
record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or
nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of
the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the
owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make
the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or
partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered
agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five
percent of the outstanding stock or interest in the corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and
extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that
the proposed use or development described in this application shall comply with all such codes.
I hereby request that a public hearing to consider this application be held before the Planning and Zoning
Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an
ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval
recommended by the Zoning Board of Appeals or City Council.
Signature of Applicant(s)
Print Name and Designation of Applicant(s)
Jose Navarrete
Page 6 of 19
AFFIDAVIT OF COMPLIANCE
WITH PUBLIC NOTICE REQUIREMENTS
(TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED)
The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of
McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry
Filed by:
(Applicant's Name and Address)
For approval of:
(Requested Action)
(Applicant's Signature)
(Applicant's Name)
(Applicant's Address)
Subscribed and sworn to
before me this day
of 12021.
Notary Public
Page 7 of 19
11 FORME File Number
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street- McHenry,IL 60050 - Tel: (815) 363-2170 -Fax: (815) 363-2173
Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval
of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the
conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Practical Difficulties or Particular Hardship
The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the
use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere
inconvenience.
Yes.
2. Reasonable Return
The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning
Ordinance for the pertinent zoning district.
Yes.
3. Unique Circumstance
Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply
generally to other properties in the same zoning district.
Yes, it is not allowed and I would like to put my business there.
Page 14 of 19
4. Not Alter Local Character
The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental
quality,property values, or public safety or welfare in the vicinity.
No it would not.
5. Consistent with Comprehensive Plan
The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and
Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption.
I believe it is consistent with Comprehensive Plan.
Page 15 of 19
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Department of Community&
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yYo'R "'N' Economic Development
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m McHenry Municipal Center
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333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Mr Fax: (815) 363-2173
www.ci.mchenry.il.us
REGULAR AGENDA SUPPLEMENT
TO: Planning &Zoning Commission
FROM: Cody Sheriff, City Planner
FOR: September 29, 2021 Planning &Zoning Commission
RE: Z-995 -Zoning Text Amendments—Body Art Establishments
ATT: Draft Zoning Text Amendment Language
Agenda Item Summary: The City of McHenry is proposing text amendments to the Zoning
Ordinance:
• Zoning Text Amendments to §11-9-7—Table 2—Permitted and Conditional Uses in
Commercial Districts.
Request Summary: The City of McHenry is proposing text amendments to the Zoning Ordinance
to allow Body Art Establishments in the C-4 Downtown Commercial District and C-5 Highway
Commercial District as a permitted use.
History-Zoning Tattoo Shops McHenry
FILE# DATE PETITIONER Address CHANGE/PURPOSE RESULTS(Ord#)
ORD-13-1634
Competition Use Variance-Tattoo
Z-811 4/25/13 Kustoms 1210 N.Green St Parlor
House of Use variance to allow
Z-814 6/13/13 Glass 2906 W.Route 120,McHenry tattooing ORD-13-1633
Lunchbox 3932 W.Main St. Use Variance to
Z-824 12/12/2013 Tattoo allow tattooing ORD-14-1656
SkinRite 3012 Elm St. CUP to allow tattoo
Z-835 5/15/2014 Tattoos parlor ORD-14-1671
Justin and 3940 W.Main St. Use Variance Tattoo
CoryMurov and Art Studio
(Art and Soul
Tattoo
Z-907 4/12/2017 Company) DENIED
I,-
Department of Community&
m , �
yYo'R "'N' Economic Development
nfl"' m
m McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Mr Fax: (815) 363-2173
www.ci.mchenry.il.us
Justin and 3405 Elm St. Use Variance Tattoo
Cory Murov and Art Studio
(Art and Sout
Tattoo
Z-911 6/21/2017 Company) ORD-17-1836
DEREK 3929 MAIN ST Use Variance Tattoo
ZEUNERT Shop
(CRIMSON
PEAKE
Z-919 2/14/2018 TATTOO) ORD 18-1859
McHenry Woodstock South Elgin
Body Art Not Allowed (Use Allowed in.... Allowed in...
Establishment Variation) • General Business • all Commercial Areas
Regulations District, and Downtown.
• Central Business
District, and
• Service and Retail
District.
#of(active) 2 3 (2 downtown, 1 on IL-47) 4 (3 downtown, 1 on IL-20
Establishments
(via google search)
Crystal Lake Algonquin Cary
Body Art Allowed in... Industrial District as Limited Manufacturing District
Establishment • General Conditional Use Permit as Conditional Use Permit
Regulations Commercial
District, and
• Mixed Use
Business District.
5 (1 downtown) 0 0
Staff Analysis. Body Art Establishments(tattoo shops) are regulated by the Illinois Department of Public
Health Body Art Code and are required to register with the state. It is common knowledge that the
popularity of tattoos have risen substantially over the past decade. Surveys' have indicated that 36%of
US Citizens age 18-29 have at least one tattoo. Staff believes the biggest fear of allowing tattoo shops as
a permitted use is that they would overcrowd some of our commercial areas. Staff surveyed and
compared several neighboring cities. Of those cities surveyed that allow tattoo shops,they do not
'https://comparecamp.com/tattoo-statistics/
Department of Community&
m , �
nfl"
SO "'N' Economic Development
'poi
m McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
MCHUnr
Fax: (815) 363-2173
www.ci.mchenry.il.us
appear to be overcrowding the market. Being a service-oriented use, tattoo shops generate minimal
externalities. Staff is proposing to allow Body Art Establishments as a permitted use in the C-5 Highway
Commercial District, and C-4 Downtown Commercial District.
If the Planning and zoning Commission agrees with staff's assessment,then the following motion is
recommended: A motion to recommend approval of Zoning Text Amendments as presented and
outlined in the staff report.
Department of Community&
m , �
nfl"
SO "'N' Economic Development
'poi
m McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Mr Fax: (815) 363-2173
www.ci.mchenry.il.us
DRAFT Text Amendment Language
Zoning Text Amendments to §11-9-7—Table 2—Permitted and Conditional Uses in
Commercial Districts.
Group G: Permitted uses in C-4 and higher numbered Commercial Districts:
• Body Art Establishment
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 09/10/21 12 : 05 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10474 Ad # : 1918274 Status : New
CITY OF MCHENRY Start : 09/13/2021 Stop: 09/13/2021
333 S . GREEN ST . Times Ord: 1 Times Run: ***
MCHENRY IL 60050 CLEG 1 . 00 X 56 . 00 Words : 169
Total CLEG 56 . 00
Class : C8100 PUBLIC NOTICES
Rate : LEGAL Cost : 90 . 54
# Affidavits : 1
Bill Desc: FILE Z-995 Descr Cont : 1918274
Contact : DEBBIE SHOEMAKER Ad Descrpt : PUBLIC NOTICE NOTICE OF
Phone : (815) 363-2100 Given by: CODY SHERIFF
Fax# : (815) 385-0916 P.O. # :
Email : brostron@ci .mchenry. il .us;nt Created: bbehr 09/10/21 11 : 58
Agency: Last Changed: bbehr 09/10/21 12 : 05
-----------------------------------------------------------------------------
URL:
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Source : Section: Page :
Camera Ready: N Group: LEGALS AdType :
Misc.
Color:
Proof: Pickup Date : Ad# :
Delivery Instr: Pickup Src:
Changes : None Copy Art Size Copy Chg Every Run
Coupon: Gang Ad # :
Ad Copy Method:
Special Instr:
-----------------------------------------------------------------------------
COMMENTS :
COPIED from AD 1894498
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PUB ZONE EDT TP RUN DATES
NW CL 97 S 09/13
WEB CL 99 S 09/13
APNW CL 97 S 09/13
-----------------------------------------------------------------------------
(CONTINUED ON NEXT PAGE)
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION (CONTINUED)
Salesperson: BARBARA BEHRENS Printed at 09/10/21 12 : 05 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10474 Ad # : 1918274 Status : New
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-995
Notice is hereby given that
the City of McHenry Planning
and Zoning Commission will
hold a Public Hearing using
the Zoom Internet Conferenc-
ing Application which can
be accessed through
hffps://cityofmchen ry.zoom.
us/j/81058102934 or by
dialing +1-312-626-6799
(Meeting ID: 810 5810
2934) at 7:00 P.M. on
September 29, 2021 to
consider an application by
The City of McHenry of 333
S. Green Street, McHenry,
IL 60050 for the following
request(s), in accordance
with the City of McHenry
Zoning Ordinance:
Zoning Text Amendments
to§11-9-7-Table 2-
Permitted and Conditional
Uses in Commercial
Districts.
A copy of the application is
on file and may be
examined by contacting
Cody Sheriff, City Planner
by email at csheriff@
citvofmchenry.ora or by
calling 1-815-363-2181.
All interested parties will be
given an opportunity to be
h ea rd.
Published by order of
the Planning and Zoning
Commission, City of
McHenry, McHenry County,
Illinois.
/s/Stacy Rockweiler
Chairwoman,Planning and
Zoning Commission
(Published in the Northwest
Herald September 13,
2021)1918274
Staff Report for the City of McHenry Planning & Zoning Commission
Petition: Z-996 Hearing Date: September 29, 2021
Applicant: Elizabeth Wagner-Destefano and Site Information: The site consists of 0.22
Basil DeStefano of 21558 W. Goldfinch Ct., acres, more or less, and is located
Kildeer, IL ("Owners of Record") approximately 217 feet south of the intersection
of Lincoln avenue and Freund Avenue, with a
Request: A Minor Zoning Variation from the common address of 3719 W. Freund Avenue,
RS-4 High-Density Single-Family Residential McHenry, IL 60050 ("Subject Property").
District Interior Side Yard and Rear Yard
setback requirements to accommodate a new Zoning: RS-4 High Density Single Family
single-family residence. Residential District
Future Land Use Designation: Low Density
Residential
Aerial
o
nji
100 200 Fee
I I
Zoning Map
t t
o rlc s
_"' Zoning
E Estate
i R -1 Low Density SFR
.�.
RS-1A Medium Low Density SFR
r Sri
R - e ens S 2 Medium M d' Density SFR
RS-3 Medium High Desnity SFR
RS-4 High Density SFR
RA-1 Attached Residential
RM-1 Low Density tyMulti-Family
RM-2 High Density Multi-family
RM-2 ISO Mu Mixed use
C-1 Convenience Commercial
C-2 Neighborhood Commercial
RM 2 C-3 Community Commercial
C-4 Downtown Commercial
RM-2 RM 2
C-5 Highway Commercial
Ih p,r, iaaaaaaaa
BP Business Park
-1 Industrial
0-1 Local Office
0-2 Office Park
IDD Integrated Design
HC Health Care
A-M Agriculture and Mining Overlay
0 500 1,000 Fee
A-1 Agriculture
Zoning Ordinance Definitions Zoning Designation
RS-4 High Density Single-Family Residential District - The purpose of this RS-4 High Density Single-Family
district is intended to provide for the appropriate zoning of existing Residential District
single-family neighborhoods in the City developed years ago under less
stringent development standards.
Adjacent Zoning & Land Use
RS-4 High Density Single-Family
Residential District
City of McHenry Future Land Use Map
Future Land Use
Estate Residential
Low Density Residential
> Medium-Density Residential
� I
;- High
-Denis Residential
ass
��� ���� /�j, Integrated Design District
Industrial
ustria`i LowDens
� Business Park
ity ��
Residential Commercial
Office
Municipal
ntal � ,� ���������������������������� Institutional
Parks and Conservation Area
and"' '
✓i� Agricultural
Parks � � nicip /',/�
rVation Area Environmental Corridors
�zo Water
G Ifl
Other
Mixed-Use
Historic Downtown
1 Residential
1111M Dog Park
E;GarrY in�T li%/ilYAA,USGS,
Medib` ft '��'C,� Environmental -Wetlands
Resi8" 4��pp its reNlap contributors`��nt� h�}GIS�
Aflai Neighborhood Commercial
0 500 1,000 Fee
VFW
Comprehensive Plan Text Future Land Use MapDesignation
Neighborhood Character Low Density Residential
❑ Objective: "Promote attractive Neighborhoods." (p.49)
Adjacent Future Land Use
Low Density Residential
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, Elizabeth Wagner-DeStefano and Basil DeStefano ("Owners of Record"), are requesting
approval of the following Zoning Variations to accommodate the construction of a new single-family
residence:
• A variance to allow a rear yard setback of 18.2' in lieu of the required 25 feet; and
• A variance to allow an interior side yard setback of 4.7' in lieu of the required 6 feet.
The site consists of 0.22 acres, more or less, and is located approximately 217 feet south of the intersection of
Lincoln Avenue and Freund Avenue, with a common address of 3719 W. Freund Avenue, McHenry, IL 60050
("Subject Property"). The original principal residence was in a poor condition and was demolished earlier this
year. Staff was able to visit the site and speak with the adjacent neighbors while posting the sign on the
property. Overall, the neighbors to the north and south appear to be supportive of the request. The neighbor
to the south stated he would be happy once the project was completed and that it would be a good
investment in the neighborhood.
CITYOF MCHENRY ORDINANCES
• The petitioners must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of
McHenry Zoning Ordinance.
STAFF ANALYSIS
FUTURE LAND USE MAP RECOMMENDATION
The future land use map recommends low density single-family land use for the subject property.
CURRENT LAND USE AND ZONING
The subject property, and surrounding neighborhood, is zoned RS-4 High-Density Single-Family Residential
District.
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.
SITE PLAN ANALYSIS
The subject property is part of the A.P. Freund's Mill Stream Park Addition,
Unit No. 1 Subdivision that was plated in 1949. Part of an older subdivision,
r ex� FoyN° INo°SFP
the subject property and surrounding lots vary in size from 33-60 feet in
width (see below screen shot). Adjacent to a stream in the rear yard, staff IF REUND Ka
���• S4 45
does not believe the encroachment within the rear yard setback will cause r► :Ls
y19
any adverse impacts. Due to the size and irregular shape of the lot, staff is \� � eR , • - -
comfortable with the proposed side yard encroachment.
STAFF RECOMMENDATION & MOTION
In summary, staff is comfortable with the proposal and believes there is a hardship present due to the size and
shape of the lot. Conversations with the adjacent owners indicated they would be relieved once the site is
developed and welcome the investment into the neighborhood. Staff does not object to the petitioner's
request and recommends approval.
If the Planning& Zoning Commission agrees with staff's assessment, then the following motion is
recommended:
MOTION: I motion to approve the petitioner's request for the following zoning variations:
1. A variance to allow a rear yard setback of 18.2' in lieu of the required 25 feet; and
2. A variance to allow an interior side yard setback of 4.7' in lieu of the required 6 feet.
AND by making said motion, I agree with staff's assessment that the Approval Criteria for Variances have been
met as outlined in the Staff Report.
APPROVAL CRITERIA FOR VARIANCES. Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
• Part of an older subdivision constructed in 1949, staff believes a hardship exists due the size and irregular
pie shape of the lot.
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 Freund 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.
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. New investment into the property would positively impact
the surrounding neighborhood.
H. Consistent With Title And Plan:
• Staff believes the proposed development is appropriate for a residential zoning district.
I. Minimum Variance Recommended:
• Staff believes the proposed variances requested are the minimum required.
Attachments:
• Petitioner's Application and attachments
• Receipt of publication of legal notice
SHAW MEDIA
Printed 09/10/21 12:36 EST. 1851 PHONE: 815-459-4040
PO BOX 250 FAX:
CRYSTAL LAKE IL 60039-0250
Advertising Payment Receipt
Account number: 10069745 Credit Card #: ************5451
Account name: MCHENRY COUNTY PREPAID LE Approval Code: 03333Z[415185209]
PO Box CRYSTAL LAKE IL 60014 Credit Holder Name: BASIL DESTEFANO
C
Phone number: 815-459-4040
Payment number: 1329274
Payment date: 09/10/21
Amount: 120.02
Payment description: CREDIT CARD PAYMENT MCHENRY COUNTY PREPAID LE
Ad Number: 1918282 Class Code: C8100
Ad Taker: bbehr Salesperson: CL62
First Words: VARIATION DESTEFANO
11 FORMA I File Number
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street 1,McHenry,IL 60050 a Tel:(815)363-2170 Fax: (815)363-2173
[:,?
I. Name of Applicant —' � " Tel '
Address � 4 ; �
Email �� t � � e ,
2. Name of Property Owner i d `A Tel
(If other than Applicant)
Address Fax
Z_
Email
3. Name of Engineer Tel 0
(If represent d
Address Fax
Email g - '� n tit
4. Name of Attorney Tel
(If represented)
Address Fax
Email
5, Common Address or Location of Property
6. Requested Action(s)(check all that apply)
Zoning Map Amendment(Rezoning) Zoning Variance—Minor(Residential)
Conditional Use Permit _Zoning Text Amendment
Zoning Variance(Non-residential) _Use Variance
i
i
9
a
Public Hearing Application Packet Page 5 of 20
NARRATIVE
Provide a brief description of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is
requested:
V�) V
va-
Ad .t
L)-V�aOU I vus -il , Vic. q
V1 V�
ft
Public Hearing Application Packet Page 6 of 20
V
E
F
7. Current Use of Property
I
8. Current Zoning Classification of Property, Including Variances or Conditional Uses (111101"agtive
c. tinf> Vial}
9. Current Zoning Classification and Land Use of Adjoining Properties(hilei-,icti e Zortip _Map
North: .�..
South: --
East:
West:
10. Required Attachments(check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1. Application Fee(amount) $
2. Narrative Description of Request j
3. FORM A—Public Hearing Application
4. FORM B—Zoning Map Amendment(Rezoning)Application
5. FORM C—Conditional Use Application
6, FORM D—Zoning Variance Application
7. FORM E—Use Variance Application
8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
9. Plat of Survey with Legal Description
10. List of Owners of all Adjoining Properties
11. Public Hearing Notice
12. Sign(Provided by the City)
13. Site Plan
14. Landscape Plan
15. Architectural Rendering of Building Elevations j
16. Performance Standards Certification j
17. Traffic Analysis
18. School Impact Analysis
I
Public Hearing Application Packet Page 7 of 20
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee,
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s)shall be filed with the application stating that the Applicant has
the authority from the owners(s)to make the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
Signature of Applicani(s)
Print Name and Designation of/Applicant(s)
110
i
i
Public Hearing Application Packet Page S of 20
I
FORM D File Number
j
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street 13 McHenry,IL 60050 o Tel: (815)363-2170 0 Fax: (815)363-2173
Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City
Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Special Circumstances Not Found Elsewhere
Special circumstances exist that are particular to the property for which the variance is sought and that do
not apply generally to other properties in the same zoning district; and these circumstances are not of so
general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover
them. r
ILAIW-b
2, Circumstances Relate to Property Only
Since a variance will affect the character of its surroundings long after a property changes hands, the
special circumstances referenced herein relate only to the physical character of the land or building(s) for
which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern
any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein,
or to the personal, business or financial circumstances of such owner or tenant or any other party with
interest in the pro �C
i
e
Public Hearing Application Packet Page 13 of 20
3. Not Resulting from Applicant Action
The special circumstances that are the basis for a variance have not resulted from any act of the applicant
or of any other party with interest in the property.
i
4. Unnecessary Hardsh
The strict application-of the provisions of the Zoning Ordinance would result in unnecessary and undue
hardship upon a applicant, as distinguisifed from a mere me nvenience,
tNJ
5. Preserves Rights Conferred by District
A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by
other properties in the same zoning district, and does not confer a special privilege ordinarily denied to
other properties in the istrict. c
6. Necessar for Use of Pro er
...._ y Pr_p�t
The granting of a variance is necessary not because it will increase the applicant's economic return,
although it may have this effect, but because without a variance the applicant will be deprived of any
reasonable use r enjoyment of the property.
IMA
I
Public Hearing Application Packet Page 14 of 20
7. Not Alter Local Character
The granting of a variance will not alter the essential character of the locality nor substantially impair
environmental quality,property values,or public safety or welfare in the vicinity,
5
8, Consistent with Zoning Ordinance and Comprehensive Plan
The granting of the variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their
adoption.
r
9. Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and
enjoyment of the property.
c 4:�
e
i
I
Public Hearing Application Packet Page 15 of 20
Parcel Details for 0926329018 6113/20,7:46 AM
Property Information
Parcel Number Site Address Owner Name&Address
09-26-329-018 3719 W FREUND AVE WAGNER E A,DESTEFANO B
MCHENRY,IL 60050 3719 W FREUND AVE 1
Tax Year MCHENRY,IL,60050
2019(Payable 2020) Y
Sale Status
None
Property Glass Tax Code Tax Status
0040-Improved Lots 09002- Taxable
Net Taxable Value Tax Rate Total Tax Pay Taxes', Tax Bill'
35,979 10.311774 $3,710.OB
Township Acres Mailing Address
MCHENRY TWP 0.0000
Legal Description
DOC 2008RO030920 LT 15/EX 5TP ON SE SIDE/BLK 6 A P FREUNDS MILL STREAM PARK ADDN UNIT 1 CITY OF MCHENRY MEMO:WAGNER,ELIZABETH A/
DESTEFANO,13ASIL
Assessments
Level Homesite Dwelling Farm Land Farm Building Mineral Total
DOS Equalized 4,868 31,111 0 0 0 35,979
Department of Revenue 4,868 31,111 0 0 0 35,979
Board of Review Equalized 4,868 31,111 0 0 0 35,979
Board of Review 4,868 31,111 0 0 0 35,979
S/A Equalized 4,868 31,111 0 0 0 35,979
Supervisor of Assessments 4,647 29,700 0 0 0 34,347
Township Assessor 4,647 29,700 0 0 0 34,347
Prior Year Equalized 4,647 29,700 0 0 0 34,347
There are 8 levels of assessments in an assessment year.The assessed value Is not final for the year until all levels of asessment are complete.The
assessment year is complete when the DOB Equalized line appears at the top of the list shown above.
Bluing
...............................
Drainage
Installment Date Due Tax Billed Penalty Billed Cost Billed Billed Total Billed Amount Paid Date Paid Total Unpaid
1 06/15/2020 $1,865.04 $0.00 $0.00 $0.00 $1,855.04 $1,855.04 5/21/2020 $O.00
2 09/16/2020 $1,855.04 $0.00 $0.00 $0.00 $1,855,04 $0.00 $1,855.04
Total $3,710.08 $0.00 $0.00 $0.00 $3,710.08 $1,855.04 $1,855.04
No Drainage/Special District Information
- _
No Exemptions
http:1[mchenryil.devnetwedge.com/parcel/view/092632901812019 Page 1 of 4
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INTERSECTS THE "BASE LINE" SHOWN ON SAID PLAT; THENCE NORTHEASTERLY ON SAID LOT LINE 136.17 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 15; THENCE
IN A NORTHWESTERLY DIRECTION ALONG THE MOST EASTERLY LINE OF SAID LOT 15, BEING ON A CURVED LINE TO THE RIGHT, RADIUS OF 61.92 FEET FOR A DISTANCE OF
4 FEET; THENCE SOUTHWESTERLY ON A STRAIGHT AND DIRECT LINE, A DISTANCE OF 134.35 FEET TO AN INTERSECTION WITH THE AFORESAID "BASE LINE" (SAID
INTERSECTION BEING 9.05' FEET NORTHERLY MEASURED ALONG SAID "BASE LINE" FROM THE AFORESAID PLACE OF BEGINNING); THENCE SOUTHWESTERLY ALONG A
CONTINUATION OF SAID STRAIGHT AND DIRECT LINE, 12 FEET, MORE OR LESS, TO THE WATERS EDGE OF MILL STREAM, SHOWN ON SAID RECORDED PLAT; THENCE
SOUTHEASTERLY ALONG THE WATERS EDGE OF SAID MILL STREAM TO AND INTERSECTION WITH THE LINE BETWEEN SAID LOTS 15 AND 16 IN SAID BLOCK 6 EXTENDED
SOUTHWESTERLY IN ITS COURSE; THENCE NORTHEASTERLY ALONG SAID LINE EXTENDED AS AFORESAID, 12 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, IN THE CITY
OF MCHENRY, COUNTY OF MCHENRY, ILLINOIS) IN BLOCK 6 IN A.P. FREUND'S MILL STREAM PARK ADDITION, UNIT 1, TO THE CITY OF MCHENRY, A SUBDIVISION OF PART OF
THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL
19, 1949 AS DOCUMENT NO. 219945 IN BOOK 10 OF PLATS, PAGE 111, IN MCHENRY COUNTY, ILLINOIS. GRAPHIC SCALE
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NOTES
L THIS SURVEY PREPARED FOR BASIL DESTEFANO (OWNER)_
2. SETBACK SHOWN ON THE SURVEYED PROPERTY WERE CREATED BY THE SURVEYOR
FINAL PLAT OF SUBDIVISION. NO EASEMENTS WERE CREATED BY THE WE, SIGHT ON SOLUTIONS, INC., DO HEREBY DECLARE THAT WE HAVE SURVEYED THE PROPERTY
FINAL PLAT OF SUBDIVISION. REFER TO A CURRENT TITLE COMMITMENT, DESCRIBED ABOVE AND THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS
ZONING REGULATIONS OR OTHER REGULATORY DOCUMENTS OR MINIMUM STANDARDS FOR A BOUNDARY SURVEY_
REQUIREMENTS FOR ADDITIONAL SETBACK, EASEMENT OR OTHER "g
REOUI REGENTS NOT SHOWN HEREON, IF ANY PLAT DATE: JULY 30, 2020 4`Tp '11'<{,e/%
3. PROPERTY AREA - 10,493 SOFT, MORE OR LESS- �,.. 7�3' 3520
4. VERIFY DIMENSIONS, LEGAL DESCRIPTION AND CORNERS AND NOTIFY r'-'_ -�" -- - ;PRGFE59GN�L;=t
SURVEYOR OF ANY DISCREPANCIES PRIOR TO ANY CONSTRUCTION ON ' lANO =-
THE PROPERTY. DIMENSIONS SHALL NOT BE ASSUMED BY SCALE. IL PROF. LAND SURVEYOR #3520 (EXP. 11�30�20) = SURM£YOR
DESIGN FIRM REG. #184.005510 (EXP. 04�30�21) ; STATE OF
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5. BUILDING TIES ARE SHOWN FROM OUTSIDE LIMITS OF BRICK OR FRAME
CONSTRUCTION. FIELD WORK COMPLETED JU LY 28, 2020
6. LEGAL DESCRIPTION HEREON PROVIDED BY CLIENT. �'•.�.,�,1�•�:'�`"�,
7. BEARINGS ARE ASSUMED BASED ON FOUND DOCUMENTATION AND THE
EAST LINE OF LOTS 13 AND 12 IN BLOCK 6 HAVING A BEARING OF PLAT OF SURVEY 3719 W.FREUND AVENUE MCHENRY,ILLINOIS
NORTH 08 DEGREES 00 MINUTES 00 SECONDS WEST. 557 CAPITAL DRIVE, LAKE ZURICH, ILLINOIS 60047
8, UTILITIES, LANDSCAPE FEATURES, AND IMPROVEMENTS COVERED BY N
PHONE: 647.356.7539 FAX: 815.578.9647 - SHEET
EARTH, LANDSCAPING, OTHER MATERIALS OR OBSTRUCTIONS, IF ANY, mail:mikeu®sightonsolutions.com
ARE NOT SHOWN HEREON. e ,ightonsolutians.com OF
SIGHT ON SOLUTIONS, INC-. - SOS:: 20309
IAND SURVRYDiG.TOPOGRAPHIC YAPPING,SETS STARNIG,SITS PLANS,GRAVING PLANS,PSNA CER=CATEB AND M-1—U-CaRAWSOTIMPSOPMUCErIF
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