HomeMy WebLinkAboutPacket - 3/30/2022 - Planning and Zoning Commission
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PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, March 30, 2022
TIME: 7:00 p.m.
PLACE: City Council Chambers, City Hall.
333 S Green Street, McHenry, IL 60050
AGENDA
1. Call to Order
2. Roll Call
3. Public Input – (five minutes total on non-agenda items only)
4. Z-2022-12 – Zoning Map Amendment Upon Annexation to C-5 Highway Commercial District, Conditional Use,
Use Variation, and Zoning Variations to Accommodate the expansion of the existing Mini-Warehouse Facility
at 5816 W. Elm Street.
Petitioner: First Midwest Bank Trust 13470 & John Fuhler of 11154 North Main Street, Algonquin, IL 60102
5. Z-2022-06 – Conditional Use Permit and Zoning Variations for the expansion of the existing Marina at 3112 W.
Lincoln Road.
Petitioner: Mark Munson, Managing Member of Munson Properties IV LLC of 31695 N. US Highway 12, Round Lake, IL
60073
6. Adjourn
Staff Report for the City of McHenry Planning & Zoning Commission
Staff Comments
The following comments and conclusions are based upon staff analysis and review prior to this hearing and are
to be considered viable unless evidence is established to the contrary. Staff may have additional comments
based upon the testimony presented during the public hearing.
BACKGROUND & REQUEST SUMMARY
The petitioners, Fist Midwest Bank Trust 13470 & John Fuhler (“Co-Owners of Record”), are requesting
approval of several zoning items to accommodate the existing Mini-Warehouse Facility and Caretaker
Residence:
• A Zoning Map Amendment to the C-5 Highway Commercial District Upon Annexation
• Use Variation to accommodate the existing Caretaker Residences on site.
• A Conditional Use Permit to accommodate the operation and expansion of the existing Mini-
Warehouse establishment with Outdoor Storage.
• Zoning Variations:
1. Variation from the City’s Offstreet Parking and Loading Ordinance to allow 6 spaces in lieu of
the required 77 spaces.
2. Any other zoning variations necessary to accommodate the existing structures and proposed
expansion.
Currently located in unincorporated McHenry County, the petitioner desires to annex into the City and rezone
the property to C-5 Highway Commercial District upon annexation. The existing storage facility with a
caretaker residence has operated on site since 1997. The petitioner is also requesting approval to expand
operations into the vacant parcel owned by the petitioner located directly east of the existing storage facility.
An original site plan indicated a vehicular outdoor storage area but that has since been removed and replaced
with additional enclosed units. To be safe, staff included the request for outdoor storage within the notice.
The petitioner should clarify if any outdoor storage is being proposed.
Staff have researched and determined that Dot Street is not a street but a private driveway. Staff spoke with
the property owner to the southeast (1914 Dot St) who purchased the property in September of last year. The
owners believe that the former property owners built the road; however, staff is unable to verify this claim.
The McHenry Township Highway Commissioner has informed the City that they also do not maintain the road
nor do they know who constructed it. Staff was recently made aware by the McHenry County Division of
Transportation that the property owner to the southeast owns to the midpoint of Dot Street. This was based
on the most recent legal description included in the deed of 1914 Dot Street. Staff has requested the
petitioner provide an ALTA Survey prior to going to City Council for approval. Overall, this discrepancy largely
does not impact the proposed expansion since no access or expansion on Dot Street is proposed.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Map Amendments, listed in §11-5-5 of the City of
McHenry Zoning Ordinance.
• The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of
McHenry Zoning Ordinance.
• The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of
McHenry Zoning Ordinance.
• 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 B-3 General Business District, with a Conditional Use for a Mini-
Storage Facility in Unincorporated McHenry County. The surrounding land uses primarily consists of estate
sized unincorporated single-family residential to the east, Industrial to the south, and RS-1 Low-Density Single
Family Residential to the north that currently operates as a farm.
The petitioners are proposing to rezone the property upon annexation to the C-5 Highway Commercial
District. Given the direct access of the property to IL-120, staff believes this zoning request for highway
commercial is appropriate.
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use map recommends High-Density Residential on the subject property. The proposed
development is not in conformance with this recommendation. However, the Comprehensive Plan text
recommend locating high density residential in the center of town and not on the outskirts. The Commission
may wish to discuss this during their deliberations.
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
• Growth, Policy – “Work with developers so that redevelopment improves the site or surrounding
conditions, including: access, landscaping, lighting, safety, and aesthetics.” (p. 29)
The petitioner is proposing the installation of a variety of spruce, pine, and fir trees. Although the
landscape plan submitted is largely conceptual, staff have included as a condition of approval that the
petitioner shall provide the city with a landscape plan that complies with the City’s Landscaping and
Screening Ordinance.
• Growth, Policy – “Encourage responsible, orderly growth in the City by assisting property owners with
annexation, supporting development plans and promoting redevelopment.” (p. 28)
Staff believes approval of the request would be supportive of supporting development plans and
creating orderly and responsible growth by requiring compliance with the City’s Landscaping and
Screening Ordinance.
SITE PLAN REVIEW
• Parking. The petitioner is not proposing to expand the existing parking area. The City of McHenry’s
Parking Ordinance requires an extreme amount of parking based on square footage (0.5 spaces per
1,000 square feet; ~77 spaces). McHenry County, and South Elgin require 1 space per 25 storage units.
With the operation of the storage facility being outdoors, customers do not park within the customer
parking area and instead drive into the facility to park in front of their rented unit. Other visitors that
may assist with unloading or loading storage units would pull up near the rented unit as well with room
to park on the sides of each of the stalls throughout the site. The petitioner operates a second facility
in Lake in the Hills which only has 5 parking spaces next to the caretaker residence and is the same size
as the proposed development with the expansion (approximately 155,000 square feet, see Figure 1).
Figure 1 - All Safe Storage, Lake in the Hills
• Landscaping. The petitioner has provided a conceptual landscaping and screening plan for the
proposed expansion area. A berm is identified with a variety of evergreen trees planted. Staff is
unaware of the exact height of the proposed berm. The petitioner should clarify the height of the berm
or if any privacy fencing will be installed. Staff have included a condition of approval that the petitioner
shall provide the City a landscape plan in substantial conformance with the City’s Landscaping and
Screening Ordinance.
• Existing Shed. Staff have been informed by the property owners to the southeast that the shed is not
in very good condition and has been an eyesore for the property owners. Staff is including a condition
of approval that the shed shall be removed within 6 months of annexation.
• Dot Street. Although the proposed expansion does not encroach within Dot Street, staff is
recommending a condition of approval related to resolving any future access disputes among adjoining
property owners.
STAFF SUMMARY ANALYSIS
• Staff supports the petitioner’s variation request for parking based on their operations in Lake in the
Hills which is of similar size.
• Although not in compliance with the Future Land Use Map Recommendation for High-Density
Residential, the comprehensive plan text does not recommend locating multifamily on the outskirts of
town.
• The petitioner should clarify for the commission whether any outdoor storage is being proposed. Staff
have not included the outdoor storage in the recommended motion based on the most recent site plan
submitted. The petitioner should acknowledge that they are pulling their request for outdoor storage if
this is accurate.
• The petitioner should clarify for the commission the height of the proposed landscaping berm and if
any privacy fencing will be installed.
• Staff is recommending as a condition of approval that the petitioner shall provide the City with a
landscape plan in substantial conformance with the City’s Landscaping and Screening Ordinance along
with a tree survey, and to preserve the existing tree line to the greatest extent possible.
• Staff is recommending as a condition of approval that the petitioner shall provide access easements for
all adjoining property owners on Dot Street within 1-year of annexation with allowances for extensions
based on unique circumstances as determined by the Zoning Administrator.
If the Planning & Zoning Commission agrees with petitioner’s request, then four (4) separate motions are
recommended:
1st MOTION: A motion to recommend approval of the petitioner’s request for a zoning map amendment upon
annexation to the C-5 Highway Commercial District.
AND
By making said motion, you agree that the approval criteria for Zoning Amendments have been met as outline
in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5). Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
Staff believes the proposed rezoning of the property is compatible with the surrounding land use. The
existing property is zoned B-3 General Business District in unincorporated McHenry County. Commercial
zoning would be a continuation of an already existing trend. Located in close proximity to a state
highway, highway commercial zoning appears to be the most appropriate zoning classification.
B. Supported by Trend of Development
Rezoning the property to C-5 Highway Commercial when adjacent to a state highway matches the
trend of other commercial properties along IL-120 in the City of McHenry.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the proposed zoning map amendment is consistent for locating highway commercial
zoning along a state highway.
D. Furthers Public Interest
Staff believes the proposed request furthers the public interest by expanding the City’s jurisdictional
control over property adjacent to the City and within the Planning Boundary of the City of McHenry.
2nd MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit for the
operation of Mini-Warehouse subject to the following conditions:
1. The Property Owners shall remove the shed and other accessory structures depicted in the submitted plat
of survey for the eastern most property within 6 months of annexation.
2. All development on site shall be in substantial conformance with the conceptual landscape plan titled
“Proposed Landscape Plan”.
3. The Property Owners shall provide the City with a finalized Landscaping Plan for the proposed expansion
area in conformance with the City’s Landscaping and Screening Ordinance to the greatest extent possible
as determined by the Zoning Administrator prior to issuing a building permit.
4. The Property Owners shall preserve the existing tree line to the greatest extent possible.
5. The Property Owners shall provide a tree survey within 6 months of annexation or prior to issuing a
building permit, which ever comes first.
6. The Property Owners shall work with the City to provide access easements for all adjoining property
owners on Dot Street within one year of annexation with allowances for time extensions based on unique
circumstances as determined by the Zoning Administrator.
AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses
have been met as outlined in the Staff Report.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning
district has been minimized.
a. Staff does not believe approval of the petitioner’s request would generate any adverse traffic
impacts. The petitioner operates a similar sized development in Lake in the Hills with
approximately 5 parking spaces compared with the already existing 6 parking spaces on site the
proposed development site.
B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of
light or air, or other adverse environmental effects of a type or degree not characteristic of
permitted uses in the zoning district, have been appropriately controlled.
a. Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances. Staff have included as a condition of approval that the petitioners shall comply with
the landscaping and screening ordinance which should provide screening along the property
lines of neighboring property owners to the east.
C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or
manmade character of its surroundings, and with permitted uses in the zoning district. The use will
not have undue deleterious effect on the environmental quality, property values, or neighborhood
character already existing in the area or normally associated with permitted uses in the district.
a. Staff does not believe the request would have a negative impact on the surrounding properties
if the development complies with the City of McHenry Landscaping & Screening Ordinance.
D. Public Services and Facilities: The proposed use will not require existing community facilities or
services to a degree disproportionate to that normally expected of permitted uses in the district, nor
generate disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
a. The site will continue to operate on well and septic until that time City Water and Sanitary
Sewer is extended along IL-120.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
a. Staff does not believe the proposed use will generate any adverse impacts on public safety and
health.
F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to
the conditional use and its particular location.
a. Staff believes the proposed use, subject to appropriate conditions, is compatible with the
surrounding area which consists of industrial, and estate zoned single-family in unincorporated
McHenry County. The site has operated in close proximity to the surrounding properties for over
20 years and does not appear to cause any adverse impacts.
3rd MOTION: I motion to recommend approval of the petitioners request for a Use Variation to
accommodate the existing Care Taker Residence on site.
AND by making said motion, you agree that the approval criteria for Use Variations have not 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.
a. The subject property has an already existing caretaker residence that has operated on site since
1997. Staff believes that the proposed business would be difficult to manage should the request
be denied and create an 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.
a. Staff believes the request for a caretaker residence is appropriate given the existing operations
on site. Staff believes it would be difficult to yield a reasonable return on their investment if
forced to remove the caretaker residence.
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.
a. Staff believes this is a special circumstance related to the already 20 years in operation as a
mini-warehouse establishment with a caretaker residence to manage the property. Because of
this fact, staff believes that this finding is unique to this property and do not apply to other
property in the C-5 Highway Commercial 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.
a. The caretaker residence has existed on site for over 20 years. Staff does not believe approval of
the request to accommodate the existing caretaker residence would generate any adverse
impacts on property values or impair environmental quality.
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.
a. Staff believes approval of the request is in compliance with the Comprehensive Plan growth
policy of supporting annexation and developments in the City of McHenry.
4th MOTION: I motion to recommend approval of the petitioner’s request for the following Zoning Variations:
1. Variation from the City’s Off-Street Parking and Loading Ordinance to allow 6 spaces in lieu of the required
77 spaces.
2. Any other zoning variations necessary to accommodate the existing structures and proposed expansion as
depicted on the submitted conceptual landscape plan subject to the conditions outlined in the Conditional
Use Permit.
AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the
approval criteria for Variances have been met.
VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
• Staff believes the variation request are related to a special circumstance not found elsewhere
due to the property annexing into the City and the use being established for over 20 years in
Unincorporated McHenry County. Staff believes the Zoning Ordinance parking requirement is
quite extreme given the operations of the existing facility in Lake in the Hills that is of similar
size and similar parking.
B. Circumstances Relate to the Property Only.
• Staff believes this is a special circumstance as it relates to this property only and not all property
within the C-5 Highway Commercial District. Staff believes the Zoning Ordinance does not
accurately reflect parking requirements of the use for outdoor mini-warehouse storage units.
C. Not Resulting From Applicant Action.
• Staff have reiterated in prior meetings that staff is planning for a comprehensive update of the
City’s parking ordinance to reflect trends in other communities. The applicant cannot reasonably
supply the amount of parking required by ordinance.
D. Unnecessary Hardship.
• Staff believes if the city enforces the ordinance that it would cause undue hardship onto the
applicant.
E. Preserves Rights Conferred By District:
• Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
• Staff believes that approval of the variations are necessary for the reasonable use and
enjoyment of the property as a mini-warehouse facility.
G. Not Alter Local Character:
• Staff believes approval of the petitioner’s request would not substantially alter essential
character of the locality nor have any other adverse impacts given the longevity of the use of the
property as a mini-warehouse since 1997.
H. Consistent With Title And Plan:
• Staff believes the proposed development is in substantial conformance with the Comprehensive
Plan text which recommends supporting annexation petitions and development plans for
commercial businesses.
I. Minimum Variance Recommended:
• Staff believes the variations requested are the minimum required.
Attachments:
• Petitioner’s Application and attachments
• Receipt of publication of legal notice
File Number
City of McHenry – Zoning Board of Appeals
333 S. Green Street • McHenry, IL 60050 • (815) 363-2170 • Fax (815) 363-2173
PUBLIC HEARING APPLICATION
1. Name of Applicant First Midwest Bank Trust 13470 Dated Dec 4, 2007
C/o John Fuhler Phone 815 347 4700
Address 1154 North Main St Algonquin, Il 60102
email john@Fuhlerproperties.com
2. Name of beneficial Property Owner John W Fuhler and Ron W Fuhler Phone 815 347 4700
(if other than Applicant)
Address same as above Fax
3. Name of Engineer Phone
(if represented)
Address Fax
4. Name of Attorney Joseph Gottemoller Phone 815 459 5152
Email Joe@mchenrycountylaw.com
Address 1 N Virginia Street Crystal Lake Il 60014 Fax 815 459 0290
5. Common Address or Location of Property 5816 W Il Rte 120 McHenry Il and the vacant lot to
the East
6. Requested Action(s) (check all that apply)
X Zoning Map Amendment (Rezoning) Zoning Variance – Minor
X Conditional Use Permit Zoning Text Amendment
Zoning Variance X Annexation by agreement
Please provide a detailed description of the Requested Actions(s). For example, the type of
Zoning Variance needed, the operation that requires a Conditional Use Permit, or the new
zoning classification that is requested:
The Zoning will be upon annexation of the property. The petitioner is seeking C-5 with a conditional
use for Mini warehouses. Currently the property contains mini warehouses and the space for the
proposed expansion of mini warehouses. on to the neighboring vacant property. The legal
description includes the property commonly known as dot street which will remain a private drive.
FORM A Page 1 of 3
FORM A
7. Describe the Present and Proposed Use of the Property: The property fronting on Route 14
is a self-storage facility. The adjoining property to the East is a vacant but is proposed to be an
expansion of the self-storage facility. Dot Street is a private drive and will remain as it is currently.
8. Current Zoning Classification of the Property, Including Variances or Conditional Uses:
McHenry County B-3C Business with a conditional use for self-storage the Easterly parcel is
Mchenry county A-1 Agricultural and is currently vacant.
9. Current Zoning Classification and Use of Adjoining Properties:
North City of McHenry RS-1
South the City of McHenry I-1 and County E2
East McHenry County A1v and A-1
West City of McHenry I-1
10. Required Attachments (check all items submitted).
Please refer to the Public Hearing Requirements Checklist to determine the required
attachments.
1. Application Fee (amount) $
x 2. Narrative Description of Proposal
x 3. FORM A – Public Hearing Application
x 4. FORM B – Zoning Map Amendment (Rezoning) Application
x 5. FORM C – Conditional Use Application
6. FORM D – Zoning Variance Application
x 7. Proof of Ownership and/or Written Consent From Property Owner
in the Form of an Affidavit
x 8. Plat of Survey with Legal Description
9. Typewritten List of Owners of All Abutting Properties.
x 10. Public Hearing Notice
11. Sign (Provided by the City, to be Erected by Applicant)
x 12. Site Plan
13. Landscape Plan
14. Architectural Rendering of Building Elevations
15. Performance Standards Certification
16. Traffic Analysis
17. School Impact Analysis
FORM A Page 2 of 3
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the
fee 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 Fee Owner
If the Applicant is not the fee 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 fee owner(s) shall be filed with the application
stating that the Applicant has the authority from the owner(s) to make the application.
Applicant of Fee Owner is Corporation or Partnership
If the Applicant, fee owner, contract purchaser, option holder, or any beneficiary of a land trust is
a corporation, the application shall disclose the names and addresses 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 Fee Owner is a Land Trust
If the Applicant or fee owner is a land trust or other trust or trustee thereof, the full name,
address, telephone number, and extent of interest of each beneficiary must be disclosed in the
application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry which relate to
this property and that the proposed use or development described in this petition shall comply
with all such codes, except with regard to any variation which is expressly approved by
ordinance by the City Council of the City of McHenry.
I hereby request that a public hearing to consider this petition be held before the Zoning Board
of Appeals of the City of McHenry, and thereafter that a recommendation be forwarded to the
City Council of the City of McHenry for the adoption of an ordinance granting the requested
action(s), including any modifications to this petition or conditions of approval recommended by
the Zoning Board of Appeals.
First Midwst Bank Trust 13470 Dated Dec 4, 2007
By:_______________________________________
Attest:___________________________________
________________________________ _______________________________
Beneficiary John W Fuhler Beneficiary Ron W Fuhler
____________________________________________________________________________
FORM A Page 3 of 3
M:\ED\PZ DOCS\DOUGS PZ DOCS\Z-Files 2022\Z-2022-12 - Dot Street Annexation\McHenry ZBA-Cond. Use Permit-FORM B.docx
City of McHenry – Zoning Board of Appeals
333 S. Green Street • McHenry, IL 60050 • (815) 363-2170 • Fax (815) 363-2173
ZONING MAP AMENDMENT (REZONING)
Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval
of a Zoning Map Amendment (Rezoning), the Zoning Board of Appeals shall transmit to the
City Council written findings that all of the conditions listed below apply to the petition.
Please respond to each of these conditions as it relates to your petition.
1. Compatible with use or zoning of environs
The proposed use (s) or the uses permitted under the proposed zoning classification are
compatible with existing uses or existing zoning of property in the environs.
The property is currently used for a mini warehouse facility. The property on West and
South is classified in McHenry for Industrial use. The petitioner is seeking a zoning
classification of C-5 with a conditional use for Mini warehouse that will allow for the
expansion of its existing facility after the annexation of the property into the City. This
proposal is consistent with the current surrounding zoning and uses.
2. Supported by Trend of Development
The trend of development in the general area since the original zoning of the affected
property was established supports the proposed use or zoning classification.
The trend on Route 120 is towards commercial and industrial uses. As the owner of the
existing self storage facility, petitioner knows there is continued support and demand for this
use in the area.
3 Consistent With Comprehensive Plan Objectives
The proposed use or zoning classification is in harmony with the objectives of the
Comprehensive Plan of the City as viewed in light of any change conditions since the
adoption of the Plan.
The Plan calls for the continued development of a wide variety of commercial uses to
support a diversified economy in the City. This use is in demand and will continue to supply
a demand the public has been requesting.
FORM B Page 1 of 2
FORM B
M:\ED\PZ DOCS\DOUGS PZ DOCS\Z-Files 2022\Z-2022-12 - Dot Street Annexation\McHenry ZBA-Cond. Use Permit-FORM B.docx
4. Furthers Public Interest
the proposed use or zoning classification promotes the public interest and not so the
interest of the applicant.
The continued expansion of this use and the classification of this property upon annexation
as a mini warehouse facility will continue to provide a service to the people of the cty of
McHenry helping to make the City be a destination location for those in the area who need a
place to store their property.
_____________________________________________________________________
FORM B Page 2 of 2
City of McHenry – Zoning Board of Appeals
333 S. Green Street • McHenry, IL 60050 • (815) 363-2170 • Fax (815) 363-2173
CONDITIONAL USE PERMIT
Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval
or conditional approval of a Conditional Use, the Zoning Board of Appeals shall review all of
the conditions listed below to ensure that the proposed conditional use will be compatible
with existing uses in the area, and with permitted uses in the zoning district:
Please respond to each of these conditions as it relates to your petition.
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning
district has been minimized.
The property is currently in use as a mini storage and the expansion of that use should have
virtually no impact on the existing traffic conditions.
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or
other adverse environmental effects of a type or degree not characteristic of permitted uses
in the zoning district, have been appropriately controlled.
There will be no new impact as the expansion is in the rear away from the public highway
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or man-made character of
its surroundings, and with permitted uses in the zoning district. The use will not have undue
deleterious effect on the environmental quality, property values, or neighborhood character
already existing in the area or normally associated with permitted uses in the district.
The proposal is to expand an existing storage facility The expansion is consistent with the
surrounding commercial and industrial uses. Furthermore, it is separated from the nearby
residential neighborhoods
FORM C Page 1 of 2
FORM C
4. Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree
disproportionate to that normally expected of permitted uses in the district, nor generate
disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
A mini warehouse facility uses very few public amenities . This one is no exception. There
will not be an increased demand for public utilities by expanding this mini warehouse.
5. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons,
or visitors associated with the use nor of the general public in the vicinity.
The area has operated for several years with out any public health and sfety issues.
Petitioner intends to keep it that way.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the
conditional use and its particular location.
Petitioner will meet all of the existing regulations for mini warehousing in the City.
Review of the proposed Conditional Use by the City Staff, Zoning Board of Appeals, and
City Council shall address the following characteristics as they pertain to the subject
property. Be prepared to respond to questions regarding these issues:
• Location and Orientation.
• Lot Size.
• Size of facility, including floor area, structure height, design capacity, and anticipated
employment levels.
• Site design and arrangement.
• Provisions affecting on and off-street pedestrian and traffic movement, vehicle
storage, and access for emergency vehicles.
• Appearance.
• Screening and/or landscaping.
• On or off-site buffering from incompatible uses on adjoining properties, such as open
space, fencing, or landscaping.
• Operations factors, such as hours of operation or environmental controls.
• Other characteristics of the proposed use pertinent to the assessment of the impact
of the use on the area.
_________________________________________________________________________
FORM C Page 2 of 2
Staff Report for the City of McHenry Planning & Zoning Commission
Staff Comments
The following comments and conclusions are based upon staff analysis and review prior to this hearing and are
to be considered viable unless evidence is established to the contrary. Staff may have additional comments
based upon the testimony presented during the public hearing.
BACKGROUND & REQUEST SUMMARY
The petitioner, Mark Munson, Managing Member of Munson Properties IV LLC (“Owner of Record”), is
requesting approval of a new Conditional Use Permit for the operation of the existing Marina and expansion of
operations to include an Open Sales Lot.
Old CUP Requested CUP
Outdoor Storage Outdoor Storage
Motor/Rec Vehicle Fuel and Oil Sales Motor/Rec Vehicle Fuel and Oil Sales
Marine Vehicle Service and Repair Marine Vehicle Service and Repair
Slip Rentals Slip Rentals
Marina Marina
Open Sales Lot (New)
The petitioner will also need to receive approval of zoning variations to accommodate the location of the
existing principal structure, northern most parking lot, and the location of the trash enclosure.
Staff believes the existing marina has operated in its current form since at least 1961. The subject property
was formerly occupied by Water Tower Marina which was acquired by Munson Marina several years ago. The
petitioner has since rebuilt the existing principal structure in the footprint of the original building which is
setback from the property line by approximately 3.9 feet in lieu of the required 30 feet. At the time of
permitting, the City allowed Legal Nonconforming structures to be rebuilt in the same footprint. The
petitioners will need to receive approval of a variation to allow the structure to remain in its present status.
The site also received approval of a use variation to allow an existing single-family home to remain on the
property, but it has since been demolished. The old conditional use required that at least 49 feet between the
property line along the northwest corner of the property abutting the single-family residence remain open and
clear. The prior owners of the property unlawfully expanded into this area between 2019 and June 6, 2020
according to aerial photography. The current property owners have since removed the outdoor storage and
have added stormwater detention and additional parking. Staff researched and discovered the single-family
homes (1401 and 1404 N River Road) had a mapping error which showed them zoned incorrectly as C-5
Highway Commercial. Staff verified and determined both properties are zoned RS-4 High Density Single-Family
Residential. However, a permit was also issued for the construction of the parking lot within the required
setback before the error was discovered. Because a permit is issued, the parking lot is classified as legal
nonconforming per the Nonconformities Ordinance. The petitioner is requesting a variation for the existing
legal nonconforming parking lot area.
The submitted landscaping plan is deficient in several areas including building perimeter landscaping, parking
lot perimeter landscaping islands and screening, and screening of the outdoor storage/open space areas. The
petitioner has informed staff of his desire to landscape the site per the ordinance requirement. Staff have
included this as a condition of approval in the motion. The petitioners are currently operating on a temporary
certificate of occupancy (without Outdoor Sales) subject to the installation of landscaping and screening.
A platted private road exists on the subject property from the Hunterville Park Subdivision that was platted in
1929. This road has never been used by the subdivision to the north nor does it appear it was ever improved.
The petitioner owns all parcels on both sides of the identified private road excluding a small strip adjacent to
1404 N. River Road. According to historic aerials, the only property that utilized the road was a house that
existed on the Marina which has since been demolished. Based on advice received by the City Attorney, staff
have assisted the petitioner in attempting to locate the legal heirs of the original architect of the subdivision,
but those efforts have not been successful.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of
McHenry Zoning Ordinance.
• 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 and is currently approved for the
operation of a Marina and associated uses. The surrounding property primarily consists of RS-4 High Density
Single-Family Residential to the north and a mix of Unincorporated McHenry County Commercial and
Residential to the south and east. There are two rental single-family residences zoned C-5 Highway
Commercial District that exist along Lincoln Road. The petitioner has indicated that the long-term plan is to
expand into these parcels but is aware he would need a new Conditional Use. Staff believes the use of the
property as a Marina has existed since at least 1961 according to historic aerial photography. Given the
longevity of the operations as a Marina, staff does not believe the added use for recreational vehicle sales
would cause additional nuisances.
Figure 1 - Marina 1961 Aerial1
1 https://www.historicaerials.com/viewer
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use map recommends a combination of commercial and medium density residential. Given
the close proximity of the area marked as commercial in the Future Land Use Map, staff believes it is in
substantial conformance with this recommendation with only a few minor deviations.
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
• 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 consistent with the policy’s recommendation. The petitioner
has already invested into the site and has added additional landscaping. The petitioner plans to expand
this landscaping throughout the site.
• Growth, Policy – “Promote development that allows employment and a shopping base which is diverse
and affords the City with a sound economic base.” (p. 29)
Staff believes approval of the petitioner’s request would be supportive of promoting additional
employment opportunities. The City does not currently have a major recreational boating retailer and
approval of the request would expand the shopping base and support a diverse economic base.
SITE PLAN REVIEW
• Parking. The petitioners have provided a total of 86 parking spaces on site. Staff have calculated that
the petitioners are only required to provide approximately 52 spaces. The proposed amount of parking
is in conformance with the Off-Street Parking Ordinance.
• Parking Lot Setback. The petitioner will need to seek approval of a setback variation to accommodate
the location of the parking lot to the north. It was until after the permit was issued for the parking lot
that staff discovered the zoning map error which depicted the residential homes to the north as C-5
Highway Commercial. If the property to the north would have been zoned commercial, the existing
parking area would be in compliance with the ordinance.
Figure 2- North Parking Lot Set Back
• Landscaping. The proposed landscaping plan is deficient in several areas including building perimeter
landscaping and parking lot perimeter landscaping with only various tree plantings depicted. The
petitioners have been informed they are required to comply with landscaping and screening
requirements. The petitioner has indicated their desire to comply with the ordinance as well. Their
latest Stormwater Management Plan identifies the installation of canopy-canopy 6’ Thuja Emerald
Greens. (see below).
Figure 3- Sample Photo of Thuja Emerald Greens
• Trash Enclosure. The location of the trash enclosure is between the front of the principal structure and
the front lot line which will require a variation. Given the existing layout of the site and principal
building, staff believes it would be challenging to place the enclosure behind the building and remain
accessible. Because the adjacent land use to the west is the Fox River and near the Pearl/Lincoln
Bridge, staff does not believe the location will create any aesthetic issues.
STAFF SUMMARY ANALYSIS
• Staff does not believe the variation request to accommodate the 3.9-foot setback of the existing
building will cause any adverse impacts given the longevity of the location of the building footprint.
• Although the property is partially within the Future Land Use Map area identified as Medium Density
Residential, a vast majority of the project area is within the area identified as commercial. Staff
believes the proposed development is in substantial conformance with the Future Land Use Map.
• The Marina has operated in its current capacity since 1961 but without Outdoor Sales and Display
areas. Staff believes this additional conditional use would not cause a nuisance given the longevity of
operations.
• It wasn’t until recently staff discovered the mapping error in the zoning map which displayed the
homes to the north zoned C-5 Highway instead of RS-4 High Density Single Family Residential. The
existing parking lot encroaches in the required setback when adjacent to residential.
• Although the landscape plan is deficient, the petitioner has informed staff of their desire to beautify
the site with additional landscaping as depicted in Figure 2. Staff have included this as a condition of
approval that this pattern of landscaping should be continued along the property line to the north.
• The petitioner will need to receive approval of a variation to accommodate the location of the trash
enclosure. Given the existing layout of the building in proximity to the river and bridge, staff does not
believe the proposed location would cause any adverse impacts.
If the Planning & Zoning Commission agrees with petitioner’s request, then two motions are recommended:
1st MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit for the
operation of Marina and associated uses including Outdoor Storage, Motor/Recreational Vehicle Fuel and Oil
Sales, Marine Vehicle Service and Repair, Slip Rentals, and an Open Sales Lot subject to the following
conditions:
1. The site shall be developed in substantial conformance with the Landscaping and Screening Ordinance to
the greatest extent possible as determined by the Zoning Administrator.
2. The evergreen hedge depicted on the Stormwater Management Plan shall continue along the property line
abutting the RS-4 High Density Single-Family Residential District to the north and any other storage areas
depicted on the submitted site plan dated 1.20.22.
3. The outdoor storage of bulk materials is prohibited unless fully enclosed.
4. All development on site shall be in substantial conformance with the submitted site plan dated 1.20.22.
AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses
have been met as outlined in the Staff Report.
APPROVAL CRITERIA FOR CONDITIONAL USES (11-15-5). Staff comments italicized below.
A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning
district has been minimized.
a. Staff does not believe approval of the petitioner’s request would generate any adverse traffic
impacts. The Marina has operated on site for approximately 60 years and does not appear to
have caused any adverse impacts. Staff believes the additional use for an Open Sales Lot will
generate minimal traffic.
B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of
light or air, or other adverse environmental effects of a type or degree not characteristic of
permitted uses in the zoning district, have been appropriately controlled.
a. Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances. Staff have included a condition of approval regarding landscaping screening along
the north property line adjacent to the RS-4 Residential District.
C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or
manmade character of its surroundings, and with permitted uses in the zoning district. The use will
not have undue deleterious effect on the environmental quality, property values, or neighborhood
character already existing in the area or normally associated with permitted uses in the district.
a. Given the longevity of the use as a marina for over 60 years, staff does not believe approval of
the request would be out of character. The petitioner
D. Public Services and Facilities: The proposed use will not require existing community facilities or
services to a degree disproportionate to that normally expected of permitted uses in the district, nor
generate disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
a. The site has access to City water and sanitary sewer.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
a. Staff does not believe the proposed use will generate any adverse impacts on public safety and
health.
F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to
the conditional use and its particular location.
a. In close proximity to the Downtown and adjacent to the riverfront, staff believes the proposed
use is in harmony with the surrounding area. Although adjacent to residential, the marina has
operated within the area for over 60 years. Staff does not believe approval would generate any
adverse impacts on the surrounding land owners.
2nd MOTION: I motion to approve the petitioner’s request for the following Zoning Variations:
1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal structure.
2. Variation to allow the existing parking lot within 10 feet of the north property line.
3. Any other zoning variations necessary to accommodate the proposed development as depicted on the site
plan dated 1.20.22.
AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the
approval criteria for Variances have been met.
VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes the variation request are related to a special circumstance not found elsewhere due to it
being a riverfront property and the operations of the site as a marina since 1961.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to this property only and not all property within
the C-5 Highway Commercial District.
C. Not Resulting From Applicant Action.
The applicant did not create the layout of the existing site. The structures located on site have existed in
the current footprint since 1961. The applicant rebuilt the principal structure in the footprint of the
original principal structure when this was allowed by Ordinance. The City adopted a new
Nonconformities Ordinance after the permit was applied for. The existing automobile parking to the
north was issued a permit due to an error in the City’s Zoning Map which showed those properties
zoned commercial which allows nonresidential parking within the required setback.
D. Unnecessary Hardship.
Staff believes if the city enforces the ordinance that it would cause undue hardship onto the applicant
given the layout of the structures have existed since 1961. The parking lot location and encroachment
in the required setback along the north property line was as a result of a mapping error in the zoning
map and not the result of the applicant.
E. Preserves Rights Conferred By District:
Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the
property as a marina.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality nor have any other adverse impacts given the longevity of the use of the property as a
marina since 1961.
H. Consistent With Title And Plan:
Staff believes the proposed development is in substantial conformance with the Future Land Use Map
recommendation for commercial use.
I. Minimum Variance Recommended:
Staff believes the variations requested are the minimum required.
Attachments:
• Petitioner’s Application and attachments
• Receipt of publication of legal notice
JANUARY 3, 2022PARCEL 7
1205 Garland Rd Wauconda, IL 60084 (847) 526-5457
Mr. Mike Herron 10/9/21
Reference: Munson Additional Storm
The following is our proposal for the above referenced project, based on Rooney sketches
SCOPE OF WORK:
Storm Sewer Across Lincoln Ave
10 & 12” PVC Storm
CLSM Backfill
2’ Inlets
4’ Catch Basins
Roadway Patch
Curb Patch
Traffic Control
Crossing Lincoln for sum of $ 89,000.00
Storm Sewer to Inlet 3
10 & 12” PVC Storm
CLSM Backfill
2’ Inlets
4’ Catch Basins
Trench Backfill
Storm to Inlet 3 for sum of $ 73,000.00
Exclusions & Clarifications:
Layout provided by others
Existing stone base to be spread back in parking lot final grading by paver
PVC to be SDR 26 due to availability
No roadway striping included in Lincoln option
STANDARD EXCLUSIONS:
Street sweeping for other trades, removal and replacement of unsuitables below
subgrade, excessive pumping, handling of hazardous materials, demolition,
removal of spoil from other trades, soil testing, Concrete or Asphalt Testing, permits, bonds,
haul roads, snow removal, Erosion Control Inspections. Asbuits by surveyor.
If you have any questions, please feel free to contact me at 847-526-5457.
Respectfully,
Kyle Berger
Kyle Berger
City submittal 1.20.22