HomeMy WebLinkAboutPacket - 1/19/2022 - Planning and Zoning Commission
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PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, January 19, 2022
TIME: 7:00 p.m.
PLACE: Zoom Web Conferencing Application
Join Zoom Meeting: https://cityofmchenry.zoom.us/j/89421754951
Phone: +1-312-626-6799
Meeting ID: 894 7551 4561
AGENDA
1. Call to Order
2. Roll Call
3. Public Input – (five minutes total on non-agenda items only)
4. Consideration of Approval of the Meeting Minutes: December 15, 2021 (Regular Meeting) & May 5, 2021 (Special
Meeting)
5. Z-2022-02 – A Use Variation to Accommodate the Existing 3-unit Multifamily Building at 1410 N Riverside Drive
Petitioner: Patrycja Sudol, Managing member of Sudol LLC, of 3320 Lincoln St., Franklin Park, IL 60131 (“Owner of Record”)
6. Z-2022-01 – A Use Variation to allow an Adult-Use Cannabis Infusion Facility in the O-2 Office Park District at 3900 Mercy
Drive
Petitioner: Future of the Leaf LLC Infusers of 7845 South Ashland Avenue, Chicago, IL 60620 (“Applicant”)
7. Open Discussion
8. Staff Report: Next Meeting Date: February 16, 2022
9. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
December 15, 2021
Chairwoman Rockweiler called the December 15, 2021, regular meeting of the City of McHenry
Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer,
Davis, Rockweiler, Smale, and Sobotta. Absent: Lehman. 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 7:01 p.m. There
was nobody in attendance who wished to address the Commission with public comment.
Approval of Minutes:
Consideration of October 20, 2021, regular meeting minutes as presented. Motion by
Sobotta and seconded by Davis for approval.
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Approval of Annual Meeting Schedule
2022 Planning and Zoning Commission Meetings
JANUARY - 7:00 P.M. FEBRUARY - 7:00 P.M. MARCH - 7:00 P.M.
19 Wednesday 16 Wednesday 16 Wednesday
APRIL - 7:00 P.M. MAY - 7:00 P.M. JUNE - 7:00 P.M.
20 Wednesday 18 Wednesday 15 Wednesday
JULY - 7:00 P.M. AUGUST - 7:00 P.M. SEPTEMBER - 7:00 P.M.
20 Wednesday 17 Wednesday 21 Wednesday
OCTOBER - 7:00 P.M. NOVEMBER - 7:00 P.M. DECEMBER - 7:00 P.M.
19 Wednesday 16 Wednesday 14 Wednesday
Motion by Bremer, seconded by Smale, to approve the 2022 regular meeting schedule of the
Planning and Zoning Commission, as presented:
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Planning and Zoning Commission
December 15, 2021
Page 2
File No. Z-1007
Gary A. Benning
Use Variation and Zoning Variations for a 2-Unit Residence and
Detached Coach House at 1508 N Green Street
Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-1007 a Use
Variation and Zoning Variations for a 2-Unit residence and detached coach house at the subject
property, commonly known as 1508 Green Street. Chairwoman Rockweiler confirmed all legal
posting requirements have been met.
Mr. Gary Benning, 25158 W. Lakeshore Dr. Ingleside IL and Randy Nosalik, contractor, were
sworn in. Mr. Nosalik stated Mr. Benning is trying to change his property to be an allowed use
for the 2-unit building with a coach house as it was purchased as a 3-flat. That was the way he
bought it and wants it to comply and will make it beautiful in the neighborhood. He wants to
renovate the existing coach house and continue to use it for rental housing as well. Mr. Nosalik
shared history of the property. He stated there are 5 two-flats and three-flats that are on the
same block when he looked recently.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
the subject property was recently purchased by the petitioner. Staff is unaware nor do the
petitioners know exactly how long the existing 2-flat and coach house have operated on the
property. The petitioner desires to renovate the existing coach house and continue to use both
buildings on the property for rental housing. In order to receive approval of a Use Variation to
allow a 2-flat multifamily residence and a coach house, Planner Sheriff stated the property will
also need to receive approval of the several Zoning Variations to accommodate the
development, as he outlined in the Staff Report.
The subject property is currently zoned RS-4 High Density Single-Family District. A multifamily
residence is not permitted within the RS-4 District. Due to how long the property has operated
as a multifamily residential use, staff does not believe the request would generate any adverse
impacts.
In summary, staff believes the proposed use of the property is in substantial conformance with
the City’s Comprehensive Plan and Development Policies. The Community Development
Department has been working closely with the petitioner and have already performed a walk-
through inspection of the existing units. There were no building code violations noted from the
walk-through inspection. The safety of the occupants of the building is the number one priority
of the Community Development Department. Given the longevity of the use and the minimal
impact on the surrounding property owners, Planner Sheriff stated staff does not object to the
petitioner’s request and recommends approval subject to appropriate conditions. Planner
Sheriff stated if the Planning & Zoning Commission agreed with staff’s assessment, then
approval of the two separate motions presented was recommended.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There
were no questions from any of the Commissioners.
Planning and Zoning Commission
December 15, 2021
Page 3
Chairwoman Rockweiler invited questions and/or comments from the Public.
Beth Taylor, 1501 N. Green St. in McHenry stated she has lived in her house about 15 years,
across the street from this property. There have been no visual improvements since its purchase
in 2019. She and her husband looked at the property when it was for sale and could only view
the upstairs unit due to tenants in place and they walked away from it due to the extremely poor
condition of the portion of the property they could see. She believes the property is an eye sore
and only has very mobile renters rather than a well-maintained property and steady renters.
There is no dumpster, the driveway is gravel. She does not believe the unit fits the character of
the neighborhood and would love to see it returned to a single-family home. She asked why
there have been no improvements since they purchased it in December 2019 – 2 years ago.
Walt Taylor 1501 N. Green St. was sworn in and stated he has been a McHenry resident since the
1960’s. They have watched the property use and abuse for many years with police activity and
other infringements. He opined it is not in harmony with the neighborhood, is very unkept and
is asking the zoning commission to think very hard about the use of the property. Many other
properties in the neighborhood have all been grandfathered in with the multi-family uses since
just after World War II when it was necessary to provide housing for returning veterans and they
are not fit for multi-family use any longer.
Deborah Laskonis, 1505 Court St. stated she bought her house in September of 2016 and lives
behind the subject property. At that time, she said her property was a single-family home turned
to a two-flat and back now to single-family home. She was welcomed by the neighbors for really
taking care of the home and converting it back to single family. They live in a historical
neighborhood in the middle of town and believes that is what defines harmony in the
neighborhood. She does not believe the intention of the property owners is pure because
they’ve not cleaned it up or made any improvements in the two years they have owned it.
Donna Ricordati, 1506 Green St. has lived at her address almost 30 years and has witnessed first-
hand the frequent turnover of this property to renters who have taken no care or concern for
the upkeep of the property and all the owners through the years have seemed to be non-existent
in helping maintain the property in a manner consistent with the neighborhood. She believes it
is too many rental units on one property.
John Hansen, 1507 Court Street stated there is no harmony at the subject property. His family
has owned his house for 30 years and described the coach house as a barn that is unkept and
garbage. The property has been a continual source of trouble to his family and his home. He has
had a knife pulled on him, renters fighting among themselves, and no owner to contact when
there are problems. Putting three families on the property is what he and neighbors have the
biggest problem with. There have been no improvements to this property for the last 20 years.
Once renters get in, they have rights and there is nothing anyone can do. He asks the Commission
to consider the other neighbors.
Tim McCann, 3507 Broad St. stated he used to have a multi-family rental property next to him
that was continually full of problem rental neighbors. The neighborhood is a mix of young and
Planning and Zoning Commission
December 15, 2021
Page 4
old and the owner-occupied properties are well-kept, but the rental properties are not well-
maintained and very easy to identify. The fact that there are other properties with this use
grandfathered in the neighborhood does not make it right to continue allowing that use.
Lucas Adams, 1509 Court St just recently bought his home. It is his family neighborhood. He has
been told since he was 9 years old to stay away from the subject property due to the maintenance
and trouble from the renters. It hasn’t changed. These new owners have owned the property
for two years and haven’t done one thing to improve it and he opines they are not really going
to make appropriate changes to bring it in proper shape to be habitable.
Planner Sheriff asked Director Polerecky if he had a history of property violations on property.
Director Polerecky stated there is not a full history of violations in his available records. He stated
the work done was done without permit and is the reason this hearing is happening. He added,
however, that all work done to this point has been done to code and every bit of work done will
be inspected. Commissioner Sobotta asked if the coach house was habitable space. Director
Polerecky stated it was.
Planner Sheriff explained that “grandfathering” does not exist. The property is not lawfully
converted to a three-flat which is the need for this hearing. Code compliance is checked for the
safety of the occupants and is addressed in walk-through inspections in every manner of building
safety.
Commissioner Sobotta inquired if other properties have two buildings on one lot? Planner Sheriff
stated he could not confirm.
Commissioner Bremer inquired if there is separate plumbing and proper plumbing for three units
and proper gas/electric for three units. Director Polerecky could not confirm that at this time but
assured the property will be inspected for plumbing, gas, and electric code compliance and all
units would have to be brought into compliance. Commissioner Bremer asked whether there is
parking compliance with current codes. Director Polerecky stated there is plenty of parking, but
it is a gravel drive.
Chairwoman Rockweiler clarified that the property is currently zoned single-family but since 2003
has been multi-family. She inquired if the motion presented by staff was denied for three units
and a third family lived there then would one family be evicted. Director Polerecky verified yes
that would be the outcome and eviction and leases were discussed. Director Polerecky did,
however, verify there are currently only two families renting in the two-flat and no tenant in the
coach house. Director Polerecky also clarified the recently turned in building permit includes
upgrades to all utilities.
A full description of all upgrades being done was given by the petitioner at the request of
Commissioner Bremer. Mr. Nosalik stated he does not believe there have been multiple police
reports on the property in the last two years since they’ve owned it. He believes the rental above
the garage will be a $1500 per month rental when they are finished renovating. He opined none
of the rental units will be low income. He had considered living in the coach house himself.
Planning and Zoning Commission
December 15, 2021
Page 5
Chairwoman Rockweiler asked for clarification on comments made by all neighbors at the hearing
stating no work has been done in the past two years. Mr. Nosalik stated Covid did not allow them
to do any work for the past year, but they had made some improvements inside before then.
Cody stated conditions can be added in a motion by commissioners as they feel the need,
including timelines. Commissioner Bremer asked for clarification on consequences if the
timelines are not met. Planner Sheriff confirmed then the use will no longer be allowed.
Commissioners asked if they could view photos of the renovations that have been done on the
property thus far.
Chairwoman Rockweiler closed the public comment portion of the hearing at 7:58 p.m.
Chairwoman Rockweiler asked for a 5-minute recess to set up video to be able to view photos of
renovations that have already been done on the property.
Public hearing re-convened at 8:10 pm. and roll call was taken. Pictures of property renovation
were shown to all in the Council Chambers and were put into the public record. Chairwoman
Rockweiler clarified that some of the work had been done without a permit, but the building
inspectors have been aware and inspecting for awhile now. Mr. Nosalik stated the coach house
will be a two-bedroom, living room kitchen and den, 1 bath. It is in full construction stage making
it not livable at the present time. Mr. Benning stated there were no renovations needed to the
sewer system. Commissioner Bremer asked if there were any photos of the two-flat. Mr. Nosalik
stated no pictures, those units received just paint, flooring etc. He also stated there is no mold
or bugs. Size and number of rooms in each rental unit were discussed. They are hoping to get
siding to keep the Victorian charm of the neighborhood. He repeatedly stated the building
inspectors have stated how beautiful the improvements are so far.
Commissioner Sobotta read the definition of RS-4 zoning. He questioned the proposed motion
by staff because it should be for a two-flat multi-family building and detached coach house, not
as it was presented. He further stated future land use designation standards and he doesn’t
believe the proposal as presented meets standards.
Commissioner Davis stated he believes there is evidence they are trying to improve the property,
but the question is the coach house. He does want to see the driveway paved and submittal of
plans for the roof and siding and replacement or repair of existing damaged siding to the motion.
Commissioner Bremer stated she is having a hard time allowing two separate buildings on the
property. She would rather like to see just one 2-unit building.
Commissioner Smale sees the perspective of staff as to the three units having currently been
used but also hears the discussion from the residents. She agrees with Commissioners Bremer
and Davis on conditions being added for the driveway and siding.
Chairwoman Rockweiler agrees with everything stated but is split on her thoughts on having two
or three units on the property.
Planning and Zoning Commission
December 15, 2021
Page 6
Chairwoman Bremer asked for clarification on the number of bedrooms in each unit. Mr. Nosalik
stated there will be two in the coach house, three bedrooms in the downstairs unit of the 2-flat,
and 2 bedrooms in the upstairs unit of the 2-flat. Commissioner Bremer stated she believes that
would provide a possibility for too many people with children on a small lot. Chairwoman
Rockweiler believes this use would provide 15 dwelling units per acre and the future land use
standards recommend 4-9 dwelling units per acre. Planner Sheriff verified there is adequate
parking for a 2-flat. Commissioner Bremer inquired in what way the coach house could be used
if a motion is made to allow two living units rather than three living units on the property.
Director Polerecky responded the third unit (coach house) could be storage or could be converted
to a garage but could not be occupied or rented as a habitable unit.
Commissioner Davis agrees with Commissioner Bremer that the lot is too small for that many
people but thinks after viewing pictures that the coach house may be the nicest buildout on the
property.
A question was asked if other rental properties in the neighborhood had two or three units on
the property already, similar to this. Planner Sheriff stated the problem is they are everywhere
and without dedicating time to a study they cannot verify every one of the buildings to rental
status of the properties.
Discussion ensued regarding all elements surrounding the property in regard to safety, number
of habitable units allowable, variances needed and circumstances and consequences.
Motion by Bremer seconded by Smale with regard to File No. Z-1007, to recommend amended
approval of a use variation for a 2-unit multifamily building at 1508 N Green Street, with the
following conditions, as amended:
1. The petitioner shall pave the existing gravel driveway using either asphalt or concrete.
2. The petitioner shall repair or replace any damaged siding.
3. All work shall be completed within one year of approval by City Council.
4. The petitioner shall make any repairs or improvements to the property as determined
by the Zoning Administrator.
5. The dwelling unit identified as the detached coach house shall be converted into an
accessory structure.
and by making said motion, we believe the approval criteria for use variations have been met
based upon the discussion of the planning and zoning commission at their December 15, 2021,
meeting.
Chairwoman Rockweiler stated she agrees with the approval criteria having positive impact on
property damage and not being in harmony with neighborhood.
Commissioner Bremer agrees with Chairwoman Rockweiler that the motion made better
accommodates the harmony of the neighborhood that the motion originally presented.
Planning and Zoning Commission
December 15, 2021
Page 7
Commissioner Davis agrees with Commissioners Bremer and Rockweiler and stated the motion
approval for a 2-unit vs 3-unit building is a good compromise after full discussion.
Commissioner Smale agrees with all stated above and the updated motion addresses
everyone’s concerns and is more consistent with the future plans of the city.
Commissioner Sobotta agrees this compromise in motion is better for the harmony and local
character and appreciates the petitioners understanding and attempts at fixing the property.
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Director Polerecky stated the Planning & Zoning Commission is a recommending body and
the hearing will go before full City Council on January 3 at their regular city council meeting.
Motion by Bremer, seconded by Davis with regard to File No. Z-1007, to recommend approval of
the petitioner’s request for the following Zoning Variations as amended:
1. Variation to allow a minimum lot area of 8,744.76 square feet in lieu of the required
10,000 square feet.
2. Variation to allow a minimum lot width of 66 feet in lieu of the required 100 feet.
3. Variation to allow a front yard setback of 14 feet in lieu of the required 25 feet for the 2-
unit residence.
4. Any other variations necessary to accommodate the existing development as shown in
the submitted Plat of Survey.
and by making said motion, we agree with Staff’s assessment that the approval criteria for Zoning
Variations have been met based upon the discussion of the planning and zoning commission at
their December 15, 2021, meeting .
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-1007 at 8:56 p.m.
File No. Z-994
Millco Investments
Conditional Use Permit and Zoning Variations for a
Drive-Thru Restaurant at 4104 W. Elm Street
Chairwoman Rockweiler called the continued hearing to order at 9:00 p.m. regarding File No Z-
994 a Conditional Use Permit and Zoning Variations for a Drive-Thru Restaurant at 4104 W. Elm
Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met.
Planning and Zoning Commission
December 15, 2021
Page 8
Dan Havlir, Northwestern Engineering, 675 N North Ct., Palatine, IL was sworn in. Mr. Havlir
stated he represents the developer, Robert Miller, and franchisee, Don Moore, for Arby’s. They
intend to remove the existing commercial building and parking lot on the property for a new
fast-food restaurant with drive thru. They intend to construct an Arby’s Roast Beef restaurant
as shown on preliminary site plans included in the packet. The business will be open 7 days a
week from 9am- 10pm or 9am – 11pm. There will be seating for approximately 42 patrons.
They are withdrawing their request for a Zoning Variation to Parking Lot Perimeter Landscaping.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
the subject property is currently zoned C-5 Highway Commercial District on the south half and I-
1 Industrial District on the north half (parking lot) and has remained vacant for several years.
Surrounded by primarily commercial and some industrial zoned properties, the proposed use of
the property as a drive-thru restaurant is harmonious with the surrounding properties.
Overall, staff believes the proposed development is consistent with the City’s Comprehensive
Plan objectives and policies and the proposed site plan is mostly consistent with the City’s
Zoning Ordinance Requirements.
The proposed drive-thru restaurant is adjacent to a state highway which is consistent with the
C-5 Highway Commercial District as an auto-oriented use. The proposed use appears to be
harmonious with the surrounding land use and zoning. Staff believes the proposed
development is consistent with the City’s Comprehensive Planning & Development Policies.
Staff does not object to the petitioner’s request for a Conditional Use Permit for a drive-thru
restaurant subject to appropriate conditions. Planner Sheriff stated if the Planning & Zoning
Commission agreed with staff’s assessment, then approval of the motion presented was
recommended.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
Commissioner Sobotta asked how the traffic signal would be affected. Mr. Havlir stated the signal
would stay the same, but a turn arrow would most likely be added for east-bound traffic to allow
them to turn north into the driveway. Planner Sheriff stated the city doesn’t have much control;
signals are dictated by IDOT. Planner Sheriff added into record and presented an additional
landscape plan which does comply with current codes.
There were no questions from Commissioners Bremer, Walsh, Smale, 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 9:03 p.m.
Commissioner Smale feels the request meets the approval criteria.
Commissioner Bremer asked if a traffic study was needed. Planner Sheriff replied they are not
typically required on a state highway and that, again, is all dictated through IDOT. Commissioner
Planning and Zoning Commission
December 15, 2021
Page 9
Bremer inquired if one might be done before construction? Planner Sheriff stated it is not
applicable.
Commissioner Sobotta stated he has concerns with traffic back-ups but understands that is not
for commissioners to decide.
Motion by Bremer seconded by Smale with regard to File No. Z-994, to recommend approval of
the petitioners for a Conditional Use Permit for a Drive-Thru Restaurant at 4104 W. Elm Street,
as outlined in the Staff Report, subject to the following conditions, as amended:
1. The petitioners shall revise their site access based on review comments from IDOT.
2. Any further site plan revisions due to comments received from IDOT shall be reviewed
by the Staff Plat Review Committee who may approve, approve with conditions, or deny
and refer the project back to City Council for approval.
3. The development shall be in substantial conformance with the submitted plans
including the revised landscape plan presented
4. All other federal, state, and local laws shall be met.
and by making said motion, we agree with Staff’s assessment that the approval criteria for
Conditional Uses have been met, as amended.
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-994 at 9:08 p.m.
File No. Z-1005
United Community Bank Trust #49-4210151
A Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations, and
Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair,
and Trailer Service and Repair Facility at 2600 IL State Route 120
Chairwoman Rockweiler called the hearing to order at 9:08 p.m. regarding File No Z-1005 a
Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations, and
Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair,
and Trailer Service and Repair Facility at 2600 IL State Route 120. Chairwoman Rockweiler
confirmed all legal posting requirements have been met.
Robert Overholser, 21085 Geneva Lane, Cassopolis, MI, Tyler Maryness, 2600 W. Route 120,
McHenry, and Toby O’Cheltree, 2600 W. Route 120 were sworn in and were represented by
Attorney William McCleery. Mr. Overholser stated the applicant is a premier provider of truck
bodies, van interiors and truck equipment. They are in the process of purchasing the subject
property and in performing due diligence discovered the property is not zoned to meet the
needs and business purposes of the business. In order for the property to meet the applicant’s
purpose and intent the property needs to be rezoned and conditional use and/or variances
Planning and Zoning Commission
December 15, 2021
Page 10
granted. The petitioner is asking to have two of the lots rezoned to C-5 which will allow all the
property to be zoned the same. The C-5 zoning is designed for businesses having large space
needs and that offer goods and services that are less frequently purchased. The petitioner’s
business fits the purpose of C-5 zoning districts and the business it seeks to expand to include
trailers and trailer equipment. Undue hardship would occur if the application were denied due
to increased leased property costs and transportation costs and risk of loss or damage to the
units, chassis and or vehicles during storage and transportation. Applicants believe their site
plan proposes improvements to the property and applicant will use the existing lighting onsite,
assessing the lighting to ensure it does not adversely affect neighboring properties. The
requests being made are crucial to the applicant’s decision to purchase the property and
expand its business. They project having 47 employees onsite and operating hours Monday
through Saturday 9am-5pm. They believe their success will increase opportunities in McHenry
and boost tax revenues.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
currently occupied by R.A. Adams, the petitioner is seeking approval to run similar business
operations involving sales, maintenance, and display of truck bodies, van interiors, and truck
equipment.
The subject property was annexed into the City of McHenry in 1996. Prior to the annexation,
the property was also granted approval of several zoning items including a Conditional Use
Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, Trailer Service and
Repair, and Outdoor Advertising Signage. A portion of the property was rezoned to C-5 Highway
Commercial District with the remaining area rezoned to BP Business Park District. In 1998, the
owners of the property rezoned a portion of the BP Business Park property to C-5 Highway
Commercial District. However, the property owners did not request to expand their conditional
use to those areas. Since that time, the property owner has expanded unlawfully northward
beyond what was originally approved. The petitioner desires to purchase the property and are
seeking zoning approval to bring the unlawful expansion into conformity with the Zoning
Ordinance and continue the operation for the sale and display of large commercial vehicles and
trailers. The contract purchaser of the property desires to remain confidential until zoning
approval is granted to protect their reputation within the industry.
The proposed use of sale and maintenance of large commercial trucks and trailers is mostly
consistent with the Future Land Use recommendation. The current and proposed use of the
property involves the sale, display, and maintenance of large commercial trucks and trailers.
The site’s proximity to a state highway provides adequate capacity to service the development
which may involve the movement of large commercial vehicles. The primary concern is how the
proposed use will interact with the adjacent property owners. Details were presented. Overall,
staff believes the proposed development is consistent with the City’s Comprehensive Plan
objectives and policies.
Located next a residential subdivision, staff believes the existing site landscaping is adequate to
provide screening and privacy. Overall, staff believes the proposed use will not generate any
adverse impacts on the surrounding property owners. Staff does not object to the petitioner’s
Planning and Zoning Commission
December 15, 2021
Page 11
request and recommends approval subject to appropriate conditions. Planner Sheriff stated if
the Planning & Zoning Commission agreed with staff’s assessment, then approval of the three
separate motions presented was recommended. Staff is very comfortable with all the variation
requests as they were presented, including gravel and landscape screening.
Planner Sheriff stated he did receive a telephone call from a neighbor who requested a privacy
fence in the northwest corner of the property be repaired and that the new property owner go
through and clean up the existing landscape berm and remove any dead or dying trees. The
petitioners agree and a condition is included in the motions that addresses these requests.
The petitioners presented photos of upgrades being proposed for the property and depicting
the layout and condition of other properties they maintain. These were viewed by all present.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
There were no questions or comments from the Commissioners.
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 9:19 p.m.
Commissioners Bremer, Davis, Smale, and Rockweiler stated their only concerns have been
addressed.
Commissioner Sobotta asked for clarification on the unlawful expansion done prior. Planner
Sheriff stated the proposal tonight brings the area into compliance and the petitioner did not do
the expansion, the previous property owner did.
Motion by Davis seconded by Smale with regard to File No. Z-1005, to recommend approval of
the petitioner’s request for a zoning map amendment from the BP Business Park District to the
C-5 Highway Commercial District on lots 15-17 and part of lot 14, and by making said motion,
we agree that the approval criteria for Zoning Amendments have been met as outlined in the
staff report, as presented.
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Motion by Bremer seconded by Smale with regard to File No. Z-1005, to recommend approval
of the petitioner’s request for a Conditional Use Permit for Outdoor Storage, Open Sales Lot,
Automobile Service and Repair, and Trailer Service and Repair, as outlined in the staff report,
subject to the following Conditions, as amended:
1. The property owner shall maintain the existing landscaping and screening onsite.
2. The property owner shall be responsible for replacing any landscaped screening onsite
that is damaged or destroyed.
Planning and Zoning Commission
December 15, 2021
Page 12
3. The property owner shall provide the city with a tree survey of the site within 6 months
of approval by City Council.
4. The outdoor storage and display areas shall be maintained in a neat and orderly
appearance as determined by the Zoning Administrator.
5. In the event the school district removes the existing trees along the north property line,
the property owner shall be required to install landscaping and screening in compliance
with §11-13-2, Table 2 – Residential Screen Strip Design Standards.
6. The development shall be in substantial conformance with the submitted plans.
7. All other federal, state, and local laws shall be met.
8. Petitioner shall be responsible for replacing any existing privacy fencing on the site that
is damaged or destroyed.
AND by making said motion, we agree with staff’s assessment that the approval criteria for
Conditional Uses have been met as amended from the staff report.
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Motion by Smale seconded by Bremer with regard to File No. Z-1005, to recommend approval
of the petitioner’s request for the following Zoning Variations as outlined in the staff report, as
presented:
1. Zoning Variation to allow an interior side yard setback of approximately 24 feet in lieu of
the required 25 feet for the easternmost metal storage building.
2. Zoning Variation to allow relief from §11-13-2 Table 2 – Residential Screen Strip Design
Standards subject to the condition that screening shall be installed as depicted on the
submitted site plan and conditions of approval listed under the Conditional Use Permit
for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service
and Repair.
3. Zoning Variation from Outdoor Storage regulations to allow a gravel storage area.
4. Any other Zoning Variations necessary to accommodate the proposed development.
AND by making said motion, we agree the Variance Approval Criteria has been met as outlined
in the staff report.
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
0-abstained; 1-absent: Lehman. Motion Carried.
Chairwoman Rockweiler closed the public hearing regarding File No. Z-1005 at 9:28 p.m.
Open Discussion: A vice-chairman is needed for the commission. Planner Sheriff asked for a
volunteer. Commissioner Sobotta agreed to be vice-chairman of the commission. All agreed.
Planner Sheriff explained they are doing a good job of having robust discussions on zoning
requests. He asked commissioners to provide input and feedback on the process in place.
Positive input was given but it was noted to be mindful that a softer touch may be necessary with
Planning and Zoning Commission
December 15, 2021
Page 13
the public. Discussion ensued. There was discomfort with tonight’s proceedings when some of
the motions were changed completely based on discussion. Direction was asked for to obtain
more commissioner education on what is allowed. Commissioner Sobotta asked why the city
attorney does not attend as they had in the past. Planner Sheriff replied it is basically not cost-
effective and he has the experience to explain what is allowed and what isn’t. Director Polerecky
explained if there are known conflicts the city attorney will be asked to attend. Commissioners
asked for written procedures on what can and can’t be asked by commissioners at a hearing.
Commissioners requested that hard copies of the packets be available at the meetings. Further
discussion on how to conduct the meetings and approval criteria ensued.
Staff Report: The next meeting is Wednesday January 19, 2021. Planner Sheriff gave city updates
including a preview of the new City website which will launch next week and upcoming
development projects in the city.
Adjourn: Motion by Smale and seconded by Bremer, all approved. Meeting adjourned at 10:05
p.m.
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.
City of McHenry
Planning & Zoning Commission Minutes
May 5, 2021
Call To Order. Chairwoman Staci Rockweiler called the Special Meeting of the McHenry Planning & Zoning
Commission to order on the Zoom Web Conferencing Application at 7:00 PM on May 5, 2021.
Roll Call. A roll call vote was taken to establish quorum. Present at the meeting were Mike Sobotta, Jim Walsh,
Dawn Bremer, Andy Davis, and Chairwoman Staci Rockweiler (Not Present: Emily Smale, Mike Lehman).
Chairwoman Rockweiler confirmed a quorum was present. Also in attendance were Cody Sheriff the City Planner,
Ross Polerecky the Director of Community Development, and the City Attorney David McArdle and his associate
Attorney Brandy Quance.
Public Input. Chairwoman Rockweiler asked for public input of non-agenda items. City Planner Sheriff confirmed
there was no one in attendance from the public.
Plan Commission Training. Chairwoman Rockweiler moved on to agenda item 4. Plan Commission Training.
Attorney McArdle & Quance provided a presentation of municipal zoning and practices and procedures for
Planning & Zoning Commissioners and discussion was held between the Commissioners, Attorney McArdle and
Quance, and City Planner Sheriff, and Community Development Director Polerecky.
Adjourn. Commissioner Sobotta Motioned to adjourn, seconded by Commissioner Bremer. A roll call vote was
taken (Aye: Sobotta, Walsh, Bremer, Davis, Rockweiler; Nay: 0; Abstain: 0). Motion carried and the meeting was
adjourned at 8:25 PM.
SStaff 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 & REQU EST SUMMARY
The petitioner Patrycja Sudol, managing member of Sudol LLC (“Owner of Record”), is requesting approval of a
Use Variation to accommodate the existing 3-unit multifamily building in the C-4 Downtown Commercial
District at the property commonly known as 1410 N. Riverside Drive.
The subject property was recently purchased by the petitioner in November of 2021. It was at the time of the
purchase the petitioner was made aware of the pre-existing unlawful nonconforming use of the property (see
attached Zoning Verification Letter). Residential land use is only permitted above the ground floor of a
nonresidential use in the C-4 Downtown Commercial District. The property is currently operating as a 3-unit
residential building and is fully occupied. The McHenry Township Assessor’s database identifies that the 2-
story house was built in 1912.
CODE ENFORCEMEN T HISTORY
There is no history of any code enforcement violations on the property.
CITY OF MCH ENRY 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
CURRENT LAND USE & ZONING
The subject property is currently zoned C-4 Downtown Commercial District. Abutting properties consist of
Weber Park (north), commercial businesses (south), nonconforming residential (west), and the Fox River
(east).
x Parking: The subject property is located within the C-4 Downtown Commercial District. The Zoning
Ordinance does not have parking requirements in the Downtown Commercial District. This is typical of
traditional suburban downtown commercial areas with limited space and public parking facilities
managed by the municipality. Off-street parking is typically required as part of a development approval
process in larger mixed-use commercial/multifamily developments. Conversations with the landowner
indicate that all parking is accommodated on site. Staff can confirm that no overnight parking is
allowed in the public right-of-way without being ticketed by Police. Residential parking permits are
available in municipal parking lots for residents of existing buildings in the downtown. Staff does not
believe this development will generate any adverse impacts since there are already safeguards in place
for public parking.
x Operations as Multifamily Dwelling: Staff could not determine exactly how long the property has
operated as a 3-unit multifamily dwelling. Water billing records indicate that at least two units have
existed since 2012. The walkthrough inspection of the property only showed two electric meters. It is
not uncommon for multifamily dwellings to evenly divide some, if not all, utilities amongst tenants.
Google imagery Street View dating August of 2019 did show at least three (3) mailboxes on the front of
the building next to the entryway (see photo on next page).
FFUTURE LAN D USE MAP R ECOMMENDATION
The future land use map recommends commercial land use of the subject property. The proposed
development is not consistent with this recommendation.
COMPREH ENSIVE PL AN OBJECTIVES & POLICIES
Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan
objectives and policies. Staff comments italicized.
View full list of City Plans at www.cityofmchenry.org/planningdocuments
x 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.
o Policy – “Preserve and expand areas of residential land use.” (p. 27)
Approval of the applicant’s request would preserve and expand areas of residential land
use.
x Neighborhood Character, Objective – Promote Downtown Housing.
o Policy – “Approve high-density multi-family residential in conjunction with commercial retail to
create a mixed-use area.” (p. 48)
Located within the Historic Downtown, approval of the request would promote having
multifamily land use within walking distance of commercial businesses.
x Growth, Objective – Encourage and guide responsible development throughout the City.
o Policy – “Promote development that blends with existing development in the area especially if
located within a unique-sub area.” (p. 29)
The subject property is located withing the Core Downtown Subarea. See next section for
analysis.
CCORE DOWNTOWN SUBAREA PLAN OBJECTIVES & POLICIES
The Core Downtown Subarea Plan Text Update (2009) and Core Downtown Subarea Plan (2003) and be
viewed online at www.cityofmchenry.org/planningdocuments under “Subarea Plans & Downtown Design
Guidelines”. Staff comments italicized.
x Core Downtown Subarea Vision: Historic downtown McHenry connects the community to its small
town roots. Providing a wide variety of community-oriented businesses downtown blends retail,
professional services, civic and residential uses into an unique and dynamic neighborhood that attracts
people of all ages. (p. 5)
The Planning & Zoning Commission may wish to consider if the proposed development is in
conformance with the Vision of the Core Downtown Area.
x Goal – Encourage additional downtown housing and mixed-use development opportunities.
Staff believes the proposed use of the property is consistent with promoting additional downtown
housing in the area. Due to the size of the parcel (0.13 acres), staff believes redevelopment of the site to
a commercial use as recommended by the future land use map would be challenging.
x Core Downtown Subarea – Future Land Use Map Recommendation: Preserve the historic charm of
this section of the Core Downtown.
The property was constructed as a single-family residence in 1912 and has maintained its unique
historic architectural features. The Commission may wish to consider if the proposed use meets the
intent of the ordinance of preserving the historic charm of the area.
STAFF SUMMARY ANALYSIS
x According to water billing records, two dwelling units have operated on site since 2012 (10 years). The
walkthrough inspection also noted only two electrical meters. Three mailboxes appear from Google
Street View Imagery dating back to August of 2019.
x All parking is accommodated on site. Overnight parking in public parking spaces is a ticket-able offense
unless approved for a Resident Parking Permit in the downtown.
x The future land use map recommends commercial land use. Although the request is not consistent
with this recommendation, staff believes redevelopment of the existing 0.13-acre lot into a new
commercial use would be challenging due to its size.
x The development is located within the Core Downtown Subarea. The future land use map of the
subarea plan identifies that this area should maintain its historic charm but also recommends
commercial land use. Staff have included as a condition of approval that the property owner shall
preserve the unique architectural features to the greatest extent possible.
x The petitioner will need to address all building code issues noted from the walkthrough inspection.
Staff have included a condition of approval to complete all necessary repairs and corrections within
one year if approved.
x Denial of the request would revert the property to a legal nonconforming single-family residence.
(Sample motion on next page)
If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is
recommended:
MOTION: I motion to recommend approval of the petitioner’s request for a use variance to allow a 3-unit
multifamily building at 1410 N Riverside Drive subject to the following conditions:
1. The property owner shall apply for a building permit to correct all deficiencies noted from the
walkthrough inspection performed by the City Building Inspector on December 10, 2021. All repair &
construction work shall be completed within one year from the date of approval by City Council.
2. The property owner shall preserve the unique historic architectural features of the structure to the
greatest extent possible as determined by the Zoning Administrator.
AND by making said motion, that the approval criteria for Use Variations have been met as outlined in the
Staff Report.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5)
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title 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
mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship upon the applicant and the tenants of the building.
B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
Staff believes the size and configuration of the lot (0.13 acres) would deter commercial use of the
property making it difficult to yield a reasonable return if permitted to be used only under the
conditions allowed by the C-4 Downtown Commercial District.
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff believes the request is under a special circumstance related to the longevity of the use dating back
to at least since 2019 according to Google Imagery Street View.
D. 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.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area. Bringing the property into compliance with building regulations will have a positive impact on
property values.
E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting
multifamily development near the Downtown.
Public Hearing Application Packet Page 5 of 20
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: Patrycja Sudol, single member of SUDOL LLC Tel: 630.999.6619
Address: 3320 Lincoln St, Franklin Park, IL 60131 Fax None
Email: patrycjasudol@gmail.com _____________________________
2. Name of Property Owner SUDOL LLC Tel 630.999.6619
(If other than Applicant)
Address 3320 Lincoln St, Franklin Park, IL 60131 Fax None
Email _____________ patrycjasudol@gmail.com ____________________
3. Name of Engineer Tel
(If represented)
Address Fax
Email ______________________________________________________
4. Name of Attorney Tel
(If represented)
Address Fax
Email ______________________________________________________
5.Common Address or Location of Property 1410 N Riverside Dr, McHenry, IL 60050
6.Requested Action(s) (check all that apply)
Zoning Map Amendment (Rezoning) X Zoning Variance – Minor (Residential)
Conditional Use Permit Zoning Text Amendment
Zoning Variance (Non-residential) X Use Variance
FORM A
Public Hearing Application Packet Page 6 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:
1410 N Riverside Drive, McHenry, IL 60050, built in year 1912, was converted to a
multifamily 3-unit residence approximately 20 years ago. I purchased this property in
November of 2021 and I am requesting to continue its use as a multifamily 3-unit residence.
The families occupying these residential units have lived there for many years, some for 12+
years.
These units are description as follows:
The first-level unit is 2 bedroom/1bathroom residential apartment
The second-level unit is a 1 bedroom/1bathroom residential apartment
The basement unit is a studio apartment with bathroom.
Public Hearing Application Packet Page 7 of 20
7.Current Use of Property Multifamily 3-unit residential
8.Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive
Zoning Map)
C-4 Downtown Commercial District legal nonconforming use
9.Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map)
North: RS-4 High-Density Single Family Residential
South: C-4 Downtown Commercial
East: None
West: C-4 Downtown Commercial
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
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
950
Public Hearing Application Packet Page 8 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 Applicant(s)
Print Name and Designation of Applicant(s)
Patrycja Sudol, single member of SUDOL LLC
Public Hearing Application Packet Page 16 of 20
FORM E 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.
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.
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.
The property has operated as a multifamily residence for a number of decades. Not approving the
request would require eviction of the existing tennants.
The property is located in the downtown area where higher density is desired. It is an unique circumstance
where the property has operated for decades.
Public Hearing Application Packet Page 17 of 20
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.
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.
The property has operated as a 3-unit multifamily building for decades in harmony with the surrounding
area.
The request is consistent with promoting multifamily in the downtown area.
SStaff 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, Future of the Leaf LLC Infusers (“Applicant”), is requesting approval of a use variation to allow
an Adult-Use Cannabis Infusion Facility in the O-2 Office Park District at the property commonly known as
3900 Mercy Drive.
The petitioner is proposing to operate an Adult Use Cannabis Infusion Facility to produce edible cannabis-
infused products for medical and recreational cannabis dispensaries.
CODE ENFORCEMENT HISTORY
There is no history of any code enforcement violations on the property.
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
CURRENT LAND USE & ZONING
The subject property is currently zoned O-2 Office Park District. The surrounding properties consist of RS-2
Medium Density Single Family (east), O-2 Office Park to the south and west, and unincorporated McHenry
County to the north. The primary concern from operations are potential nuisances generated from
production.
x Parking: Cannabis infusion facilities are required to have 1.5 spaces per 1,000 square feet of floor area.
The site contains 26 parking stalls with only 6 stalls required and therefore meets this requirement.
x Odor: The City of McHenry has adopted performance standards that provide a basis for determining
the compatibility of land uses that may produce measurable adverse environmental effects on their
surroundings. The City’s ordinance does not allow any use to generate odorous particulates that
exceed the odor concentration threshold (amount of particulate measured in parts per billion to
generate a detectable smell) at an adjacent property owner’s property line. Failure to meet these
performance standards will result in fines until corrective action is taken to mitigate the nuisance.
Safeguards are in place to address potentially odorous emissions generated from businesses.
x Parking lot perimeter landscaping: The west parking lot line does not have parking lot perimeter
landscaping. The Commission may wish to consider a provision that requires the installation of parking
lot perimeter landscaping in conformance with the Zoning Ordinance.
x Residential Landscape Screening Strip: The east lot line abutting residential land use contains an
assortment of natural trees that provide screening of the adjacent property. The Commission may wish
to consider a condition of approval that the property owner shall be responsible for replacing any
damaged or destroyed landscaping that provides residential screening.
FFUTURE LAND USE MAP RECOMMENDATION
The future land use map recommends office land use for the subject property. The proposed cannabis infusion
facility is not consistent with the future land use map’s recommendation. The Commission may wish to
consider how recent changes in workforce culture have decreased the demand in office space and whether
the Commission believes the request is an appropriate response to changing conditions.
COMPREHENSIVE PLAN OBJECTIVES & POLICIES
Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives
and policies. Staff comments italicized.
View full list of City Plans at www.cityofmchenry.org/planningdocuments
x Economic Development Goal – “Provide an adequate supply of office, business park, and industrial
land to retain and increase employment opportunities within the City limits.” (p. 52)
Staff believes that approval of the petitioner’s request would increase employment opportunities within
the city limits. The city has recently seen an increase in the supply of vacant office space which staff
believes can be attributed to a change in workplace conditions that are more amenable towards
nonstandard work arrangements. Staff does not believe conversion of the existing office space into
wholesale light manufacturing would negatively impact the city.
STAFF SUMMARY ANALYSIS
x Existing safeguards are in place to address any noxious odors generated from operations.
x The proposed development is mostly consistent with the Zoning Ordinance with the exception of
parking lot perimeter landscaping along the west parking lot line. Staff have included this as a
condition of approval.
x The wooded tree line along the east property line provides natural residential screening. Staff have
included as a condition of approval that the property owner shall be responsible repairing any
damaged or destroyed trees that provide natural screening.
x The future land use map recommends office land use. Although the request is not consistent with this
recommendation the commission may wish to consider whether a change of use to wholesale light
manufacturing is appropriate given recent trends in nonstandard work arrangements.
x The request is consistent with the City’s goal of increasing employment opportunities within the City
limits.
(Staff report continues next page)
If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is
recommended:
MOTION: I motion to recommend approval of the petitioner’s request for a use variance to allow an Adult-
Use Cannabis Infusion Facility in the O-2 Office Park District subject to the following conditions:
1. The property owner shall install parking lot perimeter landscaping and screening to be in compliance
with Chapter 13, Table 3 - Parking Lot Perimeter Landscaping Design Standards of the City of
McHenry Zoning Ordinance prior to the issuance of a certificate of occupancy.
2. The property owner shall be responsible for maintaining and replacing any damaged or destroyed
trees along the east property line that screen the property from view as determined by the Zoning
Administrator.
3. All other federal, state, and local laws shall be met.
AND by making said motion, that the approval criteria for Use Variations have been met as outlined in the
Staff Report.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5)
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title 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
mere inconvenience.
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: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
Staff believes the property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the O-2 Office Park District in light of recent trends in workforce culture and
decrease in demand for Office Space.
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff believes the request is under a special circumstance that generally do not apply to other properties
in the same zoning district.
D. 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.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area.
E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting
opportunities for employment within the City of McHenry.
Public Hearing Application Packet Page 1 of 7
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 Future Of The Leaf LLC Infusers Tel 773.710.1500
Address 7845 South Ashland Avenue, Chicago, IL 60620 Fax
Email ___Scott@D7Intel.com___________________________________________________
2. Name of Property Owner Halihan Series LLC (Randy Halihan) Tel
(If other than Applicant)
Address 9414 IL Route 120, Bull Valley, IL 60098 Fax
Email ______________________________________________________
3. Name of Engineer Tel
(If represented)
Address Fax
Email ______________________________________________________
4. Name of Attorney Tel
(If represented)
Address Fax
Email ______________________________________________________
5. Common Address or Location of Property 3900 Mercy Drive, 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) X Use Variance
FORM A
Public Hearing Application Packet Page 2 of 7
NARRATIVE
We are requesting a zoning use variance for the property located at 3900 Mercy Dr. McHenry IL 60050 to
operate an infusers’ kitchen to be used to produce edibles for medical and recreational cannabis
dispensaries.
Public Hearing Application Packet Page 3 of 7
7. Current Use of Property Office space __
8. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning
Map)
O-2
9. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map)
North: O-2
South: O-2
East: O-2
West: O-2
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
X 1. Application Fee (amount) $ 950
X 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
X 7. FORM E – Use Variance Application
X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
X 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)
X 13. Site Plan
14. Landscape Plan
15. Architectural Rendering of Building Elevations
16. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
Public Hearing Application Packet Page 4 of 7
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)
Patricia Van Pelt (Agent)
Future Of The Leaf LLC, Infusers
Public Hearing Application Packet Page 5 of 7
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:
Future Of The Leaf LLC Infusers
7845 South Ashland Ave. Chicago, IL 60620
For approval of:
Use Variance approval for 3900 Mercy Drive, McHenry IL 60050
______________________________________ (Applicant’s Signature)
______________________________________ (Applicant’s Name and Address)
______________________________________
Subscribed and sworn to
before me this ___ ______ day
of ___________, 2020.
__________
Notary Public
Public Hearing Application Packet Page 6 of 7
FORM E 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.
We cannot operate an infusers’ kitchen without the proper zoning of the 3900 Mercy Drive building. The
applicant would be forced to abandon the property if the zoning use variance is not granted, thereby
forfeiting all of money and efforts that have been invested in this property to date.
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.
According to state and city rules, we cannot operate an infusers’ kitchen in the property at 3900 Mercy Dr,
as it is currently zoned. Therefore, it would be impossible to operate our infusers’ kitchen without zoning
use approval
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.
The Use Variance is needed specifically for this property because it is required by city and state
law the property be zoned correctly for cannabis infusion operators.
Public Hearing Application Packet Page 7 of 7
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.
The Use Variance for 3900 Mercy Drive will not impair property values, traffic patterns, public safety. Nor
will it impact the overall welfare of the area.
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 in conditions since their
adoption.
This request for the Use Variance aligns with the Comprehensive Plan of the City and is in
congruence with general objectives and aims of the Zoning Ordinance.
SHAW MEDIA
EST. 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815)459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 12/30/21 11:09 by bbehr-sm
-----------------------------------------------------------------------------
Acct #: 10069745 Ad #: 1948390 Status: New
MCHENRY COUNTY PREPAID LEGALS Start: 12/31/2021 Stop: 12/31/2021
PO BOX 250 Times Ord: 1 Times Run: ***
CRYSTAL LAKE IL 60014 CLEG 1.00 X 72.00 Words: 228
Total CLEG 72.00
Class: C8100 PUBLIC NOTICES
Rate: LEGAL Cost: 111.98
# Affidavits: 2
Ad Descrpt: VARIANCE- VAN PELT
Contact: LEGAL CLERK Descr Cont: 1948390
Phone: (815)459-4040 Given by: PATRICIA VAN PELT
Fax#: P.O. #: 773.710.1500
Email: Created: bbehr 12/30/21 10:44
Agency: Last Changed: bbehr 12/30/21 11:09
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URL: _________________________________
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Source: ______________________________ Section: _______________ Page: __
Camera Ready: N Group: LEGALS AdType: ___________
Misc:
n/c - village gave her wrong thing to run in nov.
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: ______________________________
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PUB ZONE EDT TP RUN DATES
NW CL 97 S 12/31
WEB CL 99 S 12/31
APNW CL 97 S 12/31
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PAYMENTS:
-- 12/30/2021 111.98 AE ************2000 296417[435869963]
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(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 12/30/21 11:09 by bbehr-sm
-----------------------------------------------------------------------------
Acct #: 10069745 Ad #: 1948390 Status: New
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-2022-01
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
https://cityofmchenry.
zoom.us/j/89421754951
or by dialing +1-312-626-
6799 (Meeting ID: 894
2175 4951) at 7:00 P.M.
on January 19, 2022 to
consider an application by
Future of the Leaf LLC
Infusers of 7845 South
Ashland Avenue, Chicago,
IL 60620 ("Applicant") on
behalf of Halihan Series
LLC of 9414 IL Route 120,
Bull Valley, IL 60098
("Owner of Record") for the
following request(s), in ac-
cordance with the City of
McHenry Zoning Ordinance:
Use Variation to allow
an Adult-Use Cannabis
Infusion Facility in the O-2
Office Park District.
Location: The site consists
of 1.84 acres, more or less,
and is located approximately
598 feet east of the intersec-
tion of Mercy Drive and IL-
31 with a common address
of 3900 Mercy Drive,
McHenry, IL 60050.
PIN:14-02-352-016 and
14-02-352-015
The property is currently
zoned: O-2 Office Park
District
A copy of the application
can be viewed on the City's
website at:
www.cityofmchenry. org/
currentdevelopments
All interested parties will be
given an opportunity to be
heard.
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 on December 31,
2021)1948390