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HomeMy WebLinkAboutPacket - 2/16/2022 - Planning and Zoning Commission The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. PLANNING & 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 G S I D E W A L K 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 ----------------------------------------------------------------------------- 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 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1952595 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 01/29 WEB CL 99 S 01/29 APNW CL 97 S 01/29 ----------------------------------------------------------------------------- (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 ----------------------------------------------------------------------------- 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