HomeMy WebLinkAboutPacket - 2/16/2022 - Planning and Zoning Commission
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PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, February 16, 2022
TIME: 7:00 p.m.
PLACE: Zoom Web Conferencing Application
Join Zoom Meeting: https://cityofmchenry.zoom.us/j/89057375073
Phone: +1-312-626-6799
Meeting ID: 890 5737 5073
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: January 19, 2022
5. Z-2022-04 – Zoning Variations to accommodate a “Wingstop” dine-in restaurant at 4213 W. Elm
Street
Petitioner: CWK Properties – McHenry LLC of 7949 W 79th Street Bridgeview, IL 60455 (“Contract
Purchaser”)
6. Open Discussion
7. Staff Report: Next Meeting Date: March 16, 2022
8. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
January 19, 2022
Chairwoman Rockweiler called the January 19, 2022, regular meeting of the City of McHenry
Planning and Zoning Commission to order at 7:00 p.m. via Zoom web conferencing. In attendance
were the following: Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 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 7:01 p.m. There
was nobody in attendance who wished to address the Commission with public comment.
Approval of Minutes:
Consideration of December 15, 2021, regular meeting minutes as presented. Motion by
Bremer and seconded by Smale for approval.
Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay;
1-abstained: Lehman; 0-absent. Motion Carried.
Consideration of May 5, 2021, special meeting minutes as presented. Motion by Bremer and
seconded by Smale for approval.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Smale, Rockweiler, and
Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried.
File No. Z-2022-02
Patrycja Sudol
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
Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-2022-02 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. Chairwoman
Rockweiler confirmed all legal posting requirements have been met.
Patrycja Sudol, 3320 Lincoln St., Franklin Park, IL, representing Sudol LLC was sworn in. Ms. Sudol
stated the subject property was purchased by her in November 2021 as a multifamily 3-unit
residence and she is requesting a use variation to continue that use so the three families that
have been occupying it, some for 12+ years, are not displaced. She stated the home was built in
1912 but converted to multifamily approximately 20 years ago.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
the subject property was recently purchased by the petitioner and at the time of the purchase
Planning and Zoning Commission
January 19, 2022
Page 2
the petitioner was made aware of the pre-existing unlawful nonconforming use of the property.
Planner Sheriff explained 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. There is no history of
any code enforcement violations on the property. The petitioner must meet the Approval
Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance.
The Zoning Ordinance does not have parking requirements in the Downtown Commercial District.
Planner Sheriff stated 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.
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. A conversation with the owners of the next-door neighbors, After
the Fox, confirmed there have been three tenants in the house for a long time.
Planner Sheriff stated the future land use map recommends commercial land use of the subject
property. The proposed development is not consistent with this recommendation.
In summary, staff believes the proposed development is somewhat consistent with the City’s
Comprehensive Plan objectives and policies. He further presented staff comments in regard to
those objectives and policies as well as Core Downtown Subarea Plan objectives and policies as
detailed in his staff report.
Planner Sheriff presented a summary analysis stating if the Planning & Zoning Commission
agreed with the petitioner’s request, then approval of a motion as presented in the Staff Report
was recommended.
Chairwoman Rockweiler invited questions and/or comments from the Public.
Tim McCann 3507 Broad Street stated the neighborhood is concerned with these types of
multifamily residences, but they recognize the difference in this one as it is next to commercial
Planning and Zoning Commission
January 19, 2022
Page 3
property rather than surrounded by residential. He was concerned with parking but it was
explained that ample parking is provided for the tenants.
Danielle Miller 1411 N Green agrees with Mr. McCann’s comments about the difference in this
request but asks that it be properly maintained in accordance with the neighborhood.
Chairwoman Rockweiler closed the public comment portion of the hearing at 7:15 p.m.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
Commissioner Bremer asked Planner Sheriff how this request compares to the similar request at
the previous meeting for another property in this area. Planner Sheriff stated it is not surrounded
by residential, it is next to commercial, the question prior was regarding the coach house, an
extra building, and that is not the case here. He does not believe it would set a precedent.
Commissioner Davis asked if there have been issues in the past or were resident comments made
simply to be heard. Planner Sheriff asked Mr. McCann and Ms. Miller if they were personally
aware of any issues at this particular property. Both residents stated they did not know of any
and were happy staff checked with the next-door business owner. Planner Sheriff was not aware
of any issues either and stated building and zoning requirements were being met.
Commissioners Lehman and Smale had no questions. They were happy the owner is trying to
bring the property into compliance.
Commissioner Sobotta asked Planner Sheriff, in regard to dwelling units per acre as a
measurement, where this property falls. Planner Sheriff calculated 23 people per acre and added
this is downtown C-4 district not residential. Commissioner Sobotta asked if the basement studio
apartment fire egress was even possible given the tightness of the property. Ms. Sudol stated it
was possible and she has already secured three estimates to have the work done. Commissioner
Sobotta inquired where the egress would be in the house. Ms. Sudol responded it would be in
the front of the home where the bedroom in the basement is.
Motion by Lehman seconded by Smale with regard to File No. Z-2022-02, 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 walk-through 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.
Planning and Zoning Commission
January 19, 2022
Page 4
AND by making said motion, that the approval criteria for Use Variations have been met as
outlined in the Staff Report.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and
Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-1007 at 7:26 p.m.
File No. Z-2022-01
Future of the Leaf LLC Infusers
Use Variation to allow an Adult-Use Cannabis Infusion Facility
in the O-2 Office Park District at 3900 Mercy Drive
Chairwoman Rockweiler called the hearing to order at 7:28 p.m. regarding File No Z-2022-01 a
Use Variation to an Adult-Use Cannabis Infusion Facility in the O-2 Office Park District at 3900
Mercy Drive. Chairwoman Rockweiler confirmed all legal posting requirements have been met.
Dr. Patricia Van Pelt, agent for Future of the Leaf LLC Infusers, was sworn in. Dr. Van Pelt
summarized they are requesting a zoning use variance for the property to operate an infusers’
kitchen to be used to produce edibles for medical and recreational cannabis dispensaries.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
the petitioner is proposing to operate an Adult Use Cannabis Infusion Facility to produce edible
cannabis-infused products for medical and recreational cannabis dispensaries. There is no
history of any code enforcement violations on the property. The petitioner must meet the
Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance.
The primary concern from operations are potential nuisances generated from production, as
detailed in the staff report. Planner Sheriff pointed out 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. He offered 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.
In summary, staff believes the proposed development is consistent with the City’s
Comprehensive Plan objectives and policies. He further presented staff comments in regard to
those objectives and policies as detailed in his staff report.
Planner Sheriff presented a summary analysis stating if the Planning & Zoning Commission
agreed with the petitioner’s request, then approval of a motion as presented in the Staff Report
was recommended.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
Planning and Zoning Commission
January 19, 2022
Page 5
Commissioner Sobotta asked if this use was considered light manufacturing or if it had a
designation. Dr. Van Pelt responded it is just manufacturing and any different levels of
manufacturing are typically determined by each individual municipality. She explained they will
have a 1200 sf kitchen and then package the edibles. Planner Sheriff stated it is basically a
commercial kitchen and explained to the Commissioners that by City ordinance no odorous smell
is allowed outside the property line. Commissioner Sobotta inquired if the petitioner already has
a license for this use in hand. Dr. Van Pelt responded that First Leaf is one of the 28 approved in
the stated but that their license is conditioned on the kitchen being approved.
Commissioner Lehman asked if there were any security concerns and how security is handled.
Dr. Van Pelt stated there are strict state guidelines they will follow including cameras inside and
outside the facility, safes, and security guards. In response to how many deliveries may occur
per week, Dr. Van Pelt responded possible one or two per week.
Commissioner Davis asked if this is strictly manufacturing or if there will be a retail element to
the property. Dr. Van Pelt responded retail is not allowed by law for this use and all sales will be
wholesale only to dispensaries.
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 7:36 p.m.
Chairwoman Rockweiler asked the Commissioners for any further comments or questions.
Commissioner Lehman stated he had no further questions and is in favor of this use.
Commissioner Davis agreed with Commissioner Lehman and believed this use will bring job
opportunities to the area.
Commissioners Bremer, Rockweiler and Smale agreed with Commissioners Lehman and Davis
and agree that trends are changing away from office space. They are hopeful this approval will
encourage others to open similar businesses in McHenry.
Motion by Smale seconded by Bremer with regard to File No. Z-2022-01, 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.
Planning and Zoning Commission
January 19, 2022
Page 6
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.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and
Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-1007 at 7:40 p.m.
Open Discussion: A small discussion occurred regarding multi-family housing limits.
Staff Report: The next meeting is Wednesday February 16, 2022. Planner Sheriff gave city
updates including a future submission by Cunats for a 540-unit multi-family apartment complex
at Oaks at Irish Prairie and other affordable senior housing developments making inquiries.
Planner Sheriff also stated they are looking to retire the IDD District and replace it with a PUD
and explained the reasoning behind that decision.
Adjourn: Motion by Lehman and seconded by Smale, vote taken, all approved. Meeting
adjourned at 8:00 p.m.
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, CWK Properties – McHenry LLC, is requesting approval of several zoning variations for the
operation of a “Wingstop” dine-in restaurant at 4213 W. Elm Street:
1. Variance to allow 17 parking spaces in lieu of the required 45 spaces.
2. Variance to allow a 6’ 4’’ interior side yard setback along the west lot line in lieu of the required 25 feet
when adjacent to a residential zoning district.
3. Variance to allow a 26’ front yard setback in lieu of the required 30’ setback.
4. Variance from Residential Screen Strip Design Standards along the west property line.
5. Variance from parking lot perimeter landscaping.
6. Variance from building perimeter landscaping.
7. Any other zoning variations necessary to accommodate the proposed development.
The development consists of the demolition of the existing building, consolidation of the existing two access
points into a singular access point, and construction of a new 1792 SF dine-in restaurant. Due to the size and
configuration of the lot, several variations from the Zoning Ordinance are requested to accommodate the
development.
CODE ENFORCEMENT HISTORY
City records indicate the property last had a code enforcement violation in 2017 for noxious weeds which has
since been resolved. There have been no recorded violations since the 2017 incident.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry
Zoning Ordinance.
STAFF ANALYSIS
CURRENT LAND USE & ZONING
The subject property is currently zoned C-5 Highway Commercial District. Formerly occupied by a currency
exchange, the site has remained vacant for several years. The surrounding land use and zoning is primarily C-5
Highway Commercial District with RS-3 Medium-High Density Single Family Residential District to the west
(Fort McHenry).
x Parking: The petitioner is proposing 17 parking spaces in lieu of the 45 required for dine-in restaurants.
As a comparison, staff have provided below parking requirements for restaurant uses in other
communities:
Parking Required Per
1000 Square Feet of
Floor Area. (proposed
1800 square feet)
McHenry Crystal Lake South Elgin
Carry out only 10 (1 per 100 SF) 1 per 250 SF of gross
floor area (or 1 per 4
seats based upon the
capacity of the fixed or
moveable seating area,
whichever is greater)
1 per 100 SF of GFA
Drive in and eat in 10 (1 per 100 SF)
Eat in, no drive in 25 (2.5 per 100 SF)
The development would require 8 spaces in Crystal Lake and 18 spaces in South Elgin. Staff believes the
petitioner’s request is reasonable when comparing the City’s parking requirements to other
municipalities.
x Parking Lot Perimeter Landscaping: Given the narrowness of the lot, the remaining plant-able area
surrounding the parking lot is a little over 2.5 feet. Staff agrees with the petitioner that maintaining any
livable plant material would be challenging. The petitioner is instead proposing to construct a 6 ft’
privacy fence in lieu of installing parking lot perimeter landscaping. The petitioner is attempting to add
additional plantings on site as a substitute. The Commission may wish to consider the style and type of
fence used if it believes this substitute is appropriate.
x Residential Landscape Screening Strip: The west lot line abuts Fort McHenry which is owned by the
City of McHenry but is zoned residential. The Zoning Ordinance requires a landscaped screening strip
when located adjacent to a residential zoning district. Staff believes the petitioner’s request is
reasonable given the narrowness of the lot and because the adjacent property is a public park.
x Zoning District Setback Requirements: The petitioner is proposing to encroach approximately 4 feet
into the required front yard setback, and 18’ 8’’ into the required interior side yard setback along the
west property line when abutting a residential zoning district. Because the adjoining residential zoning
district property is used as a public park and not a residential use, staff does not object to the
petitioner’s request.
FFUTURE LAND USE MAP RECOMMENDATION
The proposed restaurant is consistent with the future land use map’s recommendation for commercial land
use.
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 Growth, Policy – “Work with developers so that redevelopment improves the site or surrounding
conditions, including: access, landscaping, lighting, safety, and aesthetics.” (p. 29)
Staff believes the proposed development is a significant improvement over the existing conditions of
the site. The site plan is proposing consolidat ion of accesses, new landscaping, and improved
aesthetics. The existing sites have remained vacant for several years and redevelopment may help spur
growth in this section of the IL-120 corridor. Staff believes the petitioner is attempting to meet the
Zoning Ordinance to the greatest extent possible given the unique site constraints.
SSTAFF SUMMARY ANALYSIS
x The number of spaces provided would meet or almost meet other municipalities’ parking standards for
dine-in restaurants.
x Meeting parking lot/building perimeter landscaping is challenging given the narrowness of the lot.
x Staff does not object to substituting parking lot perimeter landscaped screening with a privacy fence
given the site constraints. However, the Commission may wish to consider the type/style of fencing
used.
x The development is consistent with the future land use map recommendation for commercial.
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 the following Zoning Variations:
1. Variance to allow 17 parking spaces in lieu of the required 45 spaces.
2. Variance to allow a 6’ 4’’ interior side yard setback along the west lot line in lieu of the required 25
feet when adjacent to a residential zoning district.
3. Variance to allow a 26’ front yard setback in lieu of the required 30’ setback.
4. Variance from Residential Screen Strip Design Standards along the west property line.
5. Variance from parking lot perimeter landscaping.
6. Variance from building perimeter landscaping.
7. Any other zoning variations necessary to accommodate the proposed development.
The granting of said variations shall be subject to the following conditions:
1. The development shall be in substantial conformance with the submitted plans as determined by the
Zoning Administrator.
2. The Zoning Administrator may approve, approve with conditions, or deny and recommend back to
the City Council any site plan changes that may be requested by the Illinois Department of
Transportation.
AND by making said motion, you agree that the approval criteria for Variations have been met as outlined in
the Staff Report.
VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes this is a special circumstance related to the existing layout of the commercial lot.
B. Circumstances Relate to the Property Only.
Staff believes that the configuration of the lot makes it challenging for a property owner to meet the
underlying zoning district requirements.
C. Not Resulting From Applicant Action.
The applicant did not create the size of the lot.
D. Unnecessary Hardship.
Staff believes that denial of the request would place an unnecessary hardship on the owner of the
property.
E. Preserves Rights Conferred By District.
Staff does not believe that by granting the requested variations that it would confer a special privilege
ordinarily denied to others and that other property owners would be granted relief if faced with a
similar dilemma.
F. Necessary For Use Of Property.
Staff believes the petitioner’s request is reasonable given the configuration of the lot and that denial
would deprive them of reasonable use and enjoyment of the property.
G. Not Alter Local Character.
Staff believes the request would not alter the local character and would have a positive impact on
property values.
H. Consistent With Title And Plan.
Staff believes the proposed Zoning Variations are consistent with the Future Land Use Map’s
recommendation for commercial land use and also with supporting reinvestment that may help spur
growth within this section of the IL-120 corridor.
I. Minimum Variance Recommended.
Staff believes it is the minimum variance necessary to provide the applicant with reasonable use and
enjoyment of the property.
45
28 spaces.
BARR DBH REAL EST CORP -David Barr CFSC
425 Huehl Road, Building #3 Northbrook, IL 60062
Steven Kolber -Agent of Applicant
CWK Properties – McHenry LLC
847-492-1992 x.20
828 Davis St., Suite 300, Evanston, IL 60201
7949 W 79th Street Bridgeview, IL 60455
773-498-9100
Landscaping: According to City Ordinance we must provide a Landscaped Residential Screening Strip and Landscaped Parking Lot Screening of 5 ft, due to the size of the parking lot we do
not have space for a Screening Strip so we ask for a 2'6" varience at the back of the lot and a privacy fence. We also respectfully request waving the building perimeter landscaping on the
east side and back of the proposed building due to the need of an accessible Ramp.
FORM A Page 2 of 3
7. Current Use of Property
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
9. Current Zoning Classification and Land Use of Adjoining Properties
North:
South:
East:
West:
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1. Application Fee (amount) $
2. Narrative Description of Request
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, to be posted by the Applicant)
13. Site Plan
14. Landscape Plan
15. Architectural Rendering of Building Elevations
16. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
Buisness - Unoccupied
C-5, Commercial Highway
RS-3 Medium-High Density Single Family Residential, Fort McHenry Park
C-5, Commercial Highway, McCann Industries
950
C-5, Commercial Highway, Vacant Lot
C-5, Commercial Highway, (Across the Street) Zion Lutheran Church and School
Agent of Applicant
FORM D Page 1 of 3
FORM D File Number
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173
Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional
approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written
findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Special Circumstances Not Found Elsewhere
Special circumstances exist that are particular to the property for which the variance is sought and that do not
apply generally to other properties in the same zoning district; and these circumstances are not of so general
or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them.
2. Circumstances Relate to Property Only
Since a variance will affect the character of its surroundings long after a property changes hands, the special
circumstances referenced herein relate only to the physical character of the land or building(s) for which a
variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business
or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the
personal, business or financial circumstances of such owner or tenant or any other party with interest in the
property.
The property has a significant slope that requires an ADA compliant pedestrian walkway that uses and limits
the amount of space on the property. The property's narrow dimensions does not allow adequate room for
setbacks, landscape buffer, proper traffic flow, and buildable area. The 30 ft front set back limits the size
of the building and the number of parking spots that can be provided.
The property's location of neighboring a RS-3 area requires a 25 ft set back which would make 38% of the
66 ft wide lot unbuildable. The angled front property line created by Elm Street also creates an angled 30 ft
front setback which makes building placement difficult with a two-way vehicular driveway and to
accommodate as much parking as possible. The overall width of the lot does not allow for the required parking
lot screening while attempting to accommodate standard perpendicular parking as required. Factor in all of
the above, parking requirements are difficult to attain.
FORM D Page 2 of 3
3. Not Resulting from Applicant Action
The special circumstances that are the basis for a variance have not resulted from any act of the applicant or
of any other party with interest in the property.
4. Unnecessary Hardship
The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue
hardship upon the applicant, as distinguished from a mere inconvenience.
5. Preserves Rights Conferred by District
A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by
other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other
properties in the district.
6. Necessary for Use of Property
The granting of a variance is necessary not because it will increase the applicant’s economic return, although
it may have this effect, but because without a variance the applicant will be deprived of any reasonable use
or enjoyment of the property.
If strict zoning ordinances are followed only 38% of the site would be considered buildable, thus
limiting use of the site. If strict parking ordinance requiring 21 parking spaces is followed this would
use more of the buildable area for parking, which would limit the practical size and use of the building.
The property's small lot size along with setback requirements limits the potential use of
the property. To establish efficient use of the property, the required variances are necessary.
In order to have the proposed building large enough to do business and to meet required
building codes of the city a smaller parking area is required. A two-way drive that is typical
of other Commercial properties also limits the space for the required number of parking spaces.
The property size requires a variance of some sort in order to build any sort of new
construction for business to occur.
FORM D Page 3 of 3
7. Not Alter Local Character
The granting of a variance will not alter the essential character of the locality nor substantially impair
environmental quality, property values, or public safety or welfare in the vicinity.
8. Consistent with Zoning Ordinance and Comprehensive Plan
The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance
and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption.
9. Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment
of the property.
We respectfully require a minimum variance of 25 ft for the front yard set back instead of
the required 30 ft set back. We also respectfully require a variance of allowing 17 parking
spaces instead of the required 21. We also respectfully require a variance of a 6 ft side yard
set back instead of a 25 ft side yard set back on the west side of the property or a 10 ft set back
on the west side of the property with no landscape buffer on the east side of the property.
The property is currently zoned C-5 which allows for quick serve restaurants which is what is being
proposed. We are requesting set back variances and parking variances in order to use the property
as it is currently zoned.
The proposed site plan is similar to that of other local quick serve restaurants in the area.
It keeps to the character and spirit of the existing community. It does not impair public
safety or environmental quality.
4213 W Elm St.Mchenry, IL 60050WS - McHenry, IL12/30/20211,792 SQ FT2021 Kolbrook Design, Inc.CopyrightPROJECT:ARCHITECT:Job No.Issue Date828 DAVIS STREETEVANSTON, IL 60201Ph 847.492.1992 SUITE 300Project Area1577.0202EAST ELEVATION3/32" = 1'-0"1NORTH ELEVATION3/32" = 1'-0"4WEST ELEVATION3/32" = 1'-0"3SOUTH ELEVATION3/32" = 1'-0"Proposed ElevationsEXHIBIT E
10
7
PROPOSED
TENANT
1792 SF
TRASH ENCLOSURE
ADA RAMP
DEPRESSED
CURB
30' PROPERTY
SETBACK
EXISTING CURB
EXISTI
N
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WS MCHENRY, IL
4213 W ELM ST
1787SF
01/10/2022
2021 Kolbrook Design, Inc.Copyright
PROJECT:ARCHITECT:Job No.
Issue Date
Project Area
828 DAVIS STREET
EVANSTON, IL 60201
Ph 847.492.1992
SUITE 300
1577.020
Proposed Site Plan
SHAW MEDIA
EST. 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815)459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 01/28/22 09:15 by bbehr-sm
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Acct #: 10069733 Ad #: 1955944 Status: New
KOLBROOK DESIGN Start: 01/29/2022 Stop: 01/29/2022
SUITE 300 Times Ord: 1 Times Run: ***
828 DAVIS ST. CLEG 1.00 X 86.00 Words: 259
EVANSTON IL 60210 Total CLEG 86.00
Class: C8100 PUBLIC NOTICES
Rate: LEGAL Cost: 130.74
# Affidavits: 1
Ad Descrpt: 4213 W ELM STREET
Contact: STEVE KOLBER Descr Cont: 1955944
Phone: (847)492-1992 Given by: JOSHUA CROW
Fax#: P.O. #:
Email: skolber@kolbrook.com Created: bbehr 01/28/22 09:05
Agency: Last Changed: bbehr 01/28/22 09:15
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URL: _________________________________
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Source: ______________________________ Section: _______________ Page: __
Camera Ready: N Group: LEGALS AdType: ___________
Misc: _______________________________
Color: _____________
Proof: __ _____________________ Pickup Date: __________ Ad#: _________
Delivery Instr: ______________________ Pickup Src: ____________
Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __
Coupon: __ Gang Ad #: _________
Ad Copy Method: ________________________________________
Special Instr: ______________________________
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COMMENTS:
COPIED from AD 1952595
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PUB ZONE EDT TP RUN DATES
NW CL 97 S 01/29
WEB CL 99 S 01/29
APNW CL 97 S 01/29
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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 01/28/22 09:15 by bbehr-sm
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Acct #: 10069733 Ad #: 1955944 Status: New
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-2022-04
Notice is hereby given that
the City of McHenry Planning
and Zoning Commission will
hold a Public Hearing
using the Zoom Internet
Conferencing Application
which can be accessed
through https://
cityofmchenry.zoom.us/j/
89057375073 or by
dialing +1-312-626-6799
(Meeting ID: 890-5737-
5073) at 7:00 P.M. on
February 16, 2022 to
consider an application by
Steven Kolber of 828 Davis
St., Suite 300, Evanston,
IL 60201 ("Agent of
Applicant"), authorized on
behalf of CWK Properties-
McHenry LLC of 7949 W
79th Street Bridgeview, IL
60455 ("Applicant") and
David Barr CFSC of 425
Huehl Road, Building
#3 Northbrook, IL 60062
("Owner") for the following
request(s), in accordance
with the City of McHenry
Zoning Ordinance:
Request for Zoning
Variations from Chapter
12: Off Street Parking
& Loading, Chapter
13: Landscaping and
Screening, §11-9-7 Table
1 - Commercial District
Requirements, and any
other Zoning Variations
necessary to accommodate
the proposed 'Wingstop'
dine-in Restaurant.
The site consists of 0.31
acres, more or less, and is
located approximately 40
feet east of the intersection of
Front Royal Drive and
IL-120, with a common
address of 4213 W. Elm
Street ("Subject Property").
PIN: 09-27-476-002
The property is currently
zoned: C-5 Highway
Commercial 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 January 29,
2022) 1955944