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HomeMy WebLinkAboutMinutes - 09/29/2021 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes September 29, 2021 Chairwoman Rockweiler called the September 29, 2021 special meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. Absent: None. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky, and Economic Development Coordinator Wolf. Chairwoman Rockweiler opened the public comment portion of the meeting at 7:00 p.m. There was nobody in attendance who wished to address the Commission with public comment. File No. Z-997 Jose Navarrete Use Variation to allow a Body Art Establishment In the C-5 Highway Commercial District Chairwoman Rockweiler called the hearing to order at 7:01 p.m. regarding File No Z-997 a Use Variation to allow a Body Art Establishment in the C-5 Highway Commercial District at the subject property, commonly known as 4801 W. Elm Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mr. Navarette was sworn in and stated he would like to open a tattoo shop in the retail space that has been vacant at the subject property for some time and he’d like to enrich the community with his higher end artwork. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating Body Art Establishments (tattoo shops) are currently not an allowed use in any Zoning District in the City of McHenry. Staff will be proposing text amendments to change this to an allowed use in the C-4 Downtown Commercial District and C-5 Highway Commercial District later. 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. Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies, and if the Planning & Zoning Commission agrees with staff’s assessment, then a motion is recommended for approval of a Use Variation to allow a Body Art Establishment in the C-5 Highway Commercial District as presented and outlined in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Planning and Zoning Commission September 29, 2021 Special Meeting Page 2 Commissioner Walsh inquired as to the hours and days of week the establishment would be open. Mr. Navarrete stated he works for Aramark at his children’s school so the hours will be by appointment only and will be evening hours only during the week. Chairwoman Rockweiler inquired how Mr. Navarrete plans to advertise. Mr. Navarrete responded he uses conventions and word of mouth. He added he has a following of clients who ask him to repair their artwork done by other artists and that word spreads. Commissioner Smale asked for confirmation that all required licensing and certifications are valid and current. Discussion ensued regarding what is required for body art establishments. Mr. Navarrete stated he has multiple awards and certifications and that he follows all standards with sanitation and cpr training required by the State and local health department. Planner Sheriff explained licensing is regulated by the state and local health departments. Commissioner Lehman asked if there will be outside signage. Mr. Navarrete stated he would be looking into simple window signage and knows he must follow all City signage requirements. There were no questions from Commissioners Sobotta, Bremer, or Davis. Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:11 p.m. Motion by Bremer seconded by Smale with regard to File No. Z-997, to recommend approval of the petitioner’s request for a Use Variance to allow a Body Art Establishment on the Subject Property as outlined in the Staff Report, as presented, and by making said motion, we agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-993 at 7:13 p.m. City of McHenry File No. Z-995 Zoning Text Amendments to §11-9-7 – Table 2 – Permitted and Conditional Uses in Commercial Districts. Chairwoman Rockweiler called the hearing to order at 7:20 p.m. regarding File No Z-995 a request for various text amendments to the City of McHenry Zoning Ordinance. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating Staff 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 Planning and Zoning Commission September 29, 2021 Special Meeting Page 3 use. Tables were presented indicating history of other like businesses in the City of McHenry and other towns were surveyed as to their requirements. Planner Sheriff stated Body Art Establishments or tattoo shops are regulated by the Illinois Department of Public Health Body Art Code and are required to register with the state. He stated it is common knowledge that the popularity of tattoos has 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 appear to be overcrowding the market. Being a service-oriented use, tattoo shops generate minimal externalities. If the Planning and zoning Commission agrees with Staff’s assessment, then a motion is recommended for approval of Zoning Text Amendments as presented and outlined in the Staff Report. Chairwoman Rockweiler opened the floor to questions and comments from the public. There was nobody in attendance who wished to address the Commission with public comment. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:30 p.m. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Bremer stated she agrees fully with staff’s assessment. Commissioner Smale asked what the criteria was that necessitated the past more restrictive zoning regulations. Planner Sheriff stated he was unsure why that decision was made in the past as he was not working in the City at that time. He believes the reasoning was as stated in his Staff report. Commissioner Davis asked if a limit will be proposed on the number of establishments that can be in these zoning districts. Planner Sheriff stated that no specific number is being proposed and Staff looks at this as an opportunity to fill some of the vacant shops in C4 and C5 zoning districts with service businesses. He does not believe there will be an influx of body art establishments. Commissioner Davis asked if possibly limiting the number of establishments allowed in the future can be revisited if needed. Planner Sheriff answered affirmatively. Commissioner Davis inquired if there is minimum criteria that has to be met in regard to licensing. Planner Sheriff and Director Polerecky explained the process of establishing a body art business in the City including the establishment having to submit their certifications from the health dept in order to receive a certificate of occupancy. Commissioner Walsh asked if applicants are required to submit a business plan be presented to the Commission or if they are coached/prepared on how to address the Commission. Planner Sheriff responded they are given instructions on how to properly fill out a planning and zoning application based on their specific zoning request. Commissioner Smale stated she believes we won’t get over-saturated just simply due to the market regulating itself in the spirit of healthy competition. Planning and Zoning Commission September 29, 2021 Special Meeting Page 4 There were no further questions from the commissioners. Motion by Smale seconded by Lehman, with regard to File No. Z-995, to approve zoning text amendments to §11-9-7 – Table 2 – Permitted and Conditional Uses in Commercial Districts as presented and outlined in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the Public Hearing regarding File No. Z-995 at 7:30 pm. File No. Z-996 Basil DeStefano and Elizabeth Wagner-DeStefano 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 at 3719 W. Freund Avenue Chairwoman Rockweiler called the hearing to order at 7:32 p.m. regarding File No 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 at 3719 W. Freund Avenue. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mrs. DeStefano was sworn in and stated they are requesting a zoning variance slightly over the building line requirements to accommodate their house plans with a detached garage. These plans will include open green space between the house and garage and provide a sightline to the creek from the street view which is keeping in harmony with the existing neighborhood. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating The petitioners, Elizabeth Wagner-DeStefano and Basil DeStefano 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 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 The future land use map recommends low density single-family land use for the subject property. The subject property, and surrounding neighborhood, is zoned RS-4 High-Density Single-Family Residential District. Planning and Zoning Commission September 29, 2021 Special Meeting Page 5 Part of an older subdivision, the subject property and surrounding lots vary in size from 33-60 feet in width. Adjacent to a stream in the rear yard, staff does not believe the encroachment within the rear yard setback will cause any adverse impacts. Due to the size and irregular shape of the lot, staff is comfortable with the proposed side yard encroachment In summary, Planner Sheriff stated 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 a motion is recommended for approval of the petitioner’s request for zoning variations at 3719 Freund Avenue as presented and outlined in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions from Commissioners Walsh, Smale, Lehman, Davis, or Bremer. Chairwoman Rockweiler asked if the neighboring properties meet the current measurement requirements. Planner Sheriff stated no but they are automatically grandfathered in. Commissioner Sobotta requested clarification on the two variances needed and the exact measurements, as well as the square footage of the house. Planner Sheriff clarified. Mrs. DeStefano stated she believes the house will be 1800 sf but was not sure if that includes the basement. Chairwoman Rockweiler invited questions and/or comments from the Public. Kathi Seivt was sworn in stating she lives to the left of the subject property. Ms. Seivt was looking for clarification on whether or how far the new residence would encroach on her property line. Planner Sheriff stated they will be required to provided a spot survey. He further stated the neighbor to the North (which was clarified is the Seivt residence) will have at least 10 feet between the houses. Cody verified the new dimensions will be compliant. Mrs. Seivt stated she is happy it is confirmed there will not be an encroachment that would be a problem in any future sale of her property. Scott Rowe, 1403 N Freund Ave., was sworn in. Mr. Rowe asked for clarification on what the new dimensions/measurement will be on the north side of the new residence. Planner Sheriff provided clarification. Mr. Rowe stated he was happy with the clarification given and has no further concerns. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:47 p.m. Motion by Davis seconded by Smale with regard to File No. Z-996, to recommend approval of the petitioner’s request for the following zoning variations at 3719 Freund Avenue: 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. Planning and Zoning Commission September 29, 2021 Special Meeting Page 6 AND by making said motion, we agree with staff’s assessment that the Approval Criteria for Variances have been met as outlined in the Staff Report, as presented. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-996 at 7:52 p.m. Staff Report: The next meeting is October 20, 2021. It should be a full agenda. Please respond as soon as possible to the invitation regarding Adjourn: Motion by Smale and seconded by Bremer, all approved. Meeting adjourned at 7:55 p.m.