HomeMy WebLinkAboutPacket - 10/19/2022 - Planning and Zoning Commission
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PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, October 19, 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. Approval of the Agenda
4. Public Input – (five minutes total on non-agenda items only)
5. Consideration of Approval of the Meeting Minutes: September 21, 2022
6. Z-2022-20 – Use Variation to allow Light Furniture Manufacturing, Outdoor Recreational Vehicle
Rental Storage, and Zoning Variations to accommodate the existing Principal Structure at 2902 W. IL-
120. Petitioner: Kurt R Eldrup of 27992 W IL-120, Unit 100, Lakemoor, IL
7. Z-2022-21 – Zoning Text Amendments to §11-6-18 Cannabis Business – District Regulations
Petitioner: City of McHenry
8. Open Discussion
9. Staff Report: Next Meeting Date: Wednesday, November 16, 2022
10. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
September 21, 2022
Chairwoman Rockweiler called the September 21, 2022, regular meeting of the City of McHenry
Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer,
Rockweiler, Sobotta, Davis, Riley and Lehman. Absent: Smale. Also in attendance were City
Planner Cody Sheriff and Deputy City Clerk Johnson.
Approval of the Agenda:
A motion was made by Commissioner Davis and seconded by Commissioner Bremer to
approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion
Carried.
Public Input
No members of the public offered any public input.
Approval of Minutes:
Approval of the July 20, 2022, regular meeting minutes as presented. A m otion was made by
Commissioner Lehman and seconded by Commissioner Bremer for approval. Voice Vote: 6-
ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-
abstained; 1-absent: Commissioner Smale. Motion Carried.
File No. Z-2022-18
. Petitioner: Home of the Sparrow, Inc. of 4209 W. Shamrock Lane, Unit B, McHenry, IL 60050.
Zoning Map Amendment from I-1 Industrial District to C-5 Highway Commercial District
for the property located at 1819 Dot Street
Chairwoman Rockweiler explained that this petition was withdrawn at the request of the
applicant.
File No. Z-2022-17.1
Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 60050
Zoning Map Amendment to C-2 Neighborhood Commercial District, Conditional Use Permit to
accommodate the existing Child Daycare Center, Zoning Variations to accommodate all
existing principal and accessory structures, any other Zoning Relief necessary to
accommodate the existing Daycare Center Operations at 4717 W. Crystal Lake Road,
McHenry IL.
Planning and Zoning Commission
September 21, 2022
Page 2
Planner Sheriff stated that the petitioner has complied with the public notice requirements. He
also explained that the City recently had many forceable annexations done, and the Council
wants to accommodate the existing uses when possible. When properties are annexed they
come in with a zoning classification based on the most restrictive residential classification based
on the lot size. This particular property has been commercial for over twenty years. There is
other C-2 zoning at Royal and Crystal Lake Road.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:05 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:05 p.m. There was no discussion on the matter by the Planning Commission.
A motion was made by Commissioner Bremer and seconded by Commissioner Riley to approve
the petitioner’s request for a Zoning Map Amendment to C-2 Neighborhood Commercial District,
Conditional Use Permit to accommodate the existing Child Daycare Center, Zoning Variations to
accommodate all existing lawfully constructed principal and accessory structures excluding any
gravel driveway areas, and any other Zoning Relief necessary to accommodate the existing
Daycare Center Operations at 4717 W. Crystal Lake Road, McHenry IL. And by making said motion
I agree that the approval criteria for Zoning Map Amendments, Conditional Uses, and Zoning
Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners
Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent:
Commissioner Smale. Motion Carried.
The hearing for file Z-2002-17.1 was closed a 7:07 p.m.
File No. Z-2022-17.2
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit to operate an
Agritourism Business with Outdoor Storage related to the operation of an Agritourism
Business, Zoning Variations to accommodate all existing principal and accessory structures,
and minimum lot width for the property located at 4813, and 4815 W. Crystal Lake Road.
Planner Sheriff stated that the petitioner has complied with the public notice requirements. The
property currently is being used for agricultural purposes, and Staff and Council want to
accommodate the uses.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:08 p.m. Michael
Heidemann was sworn in by Chairwoman Rockweiler. He stated that he is the property owner
and went through a rude shock when initially receiving the letter regarding forced annexation.
He did note, however, that Planner Sheriff and his alderman have handled things perfectly. This
was a difficult task and he appreciates the help received from the City. Chairwoman Rockweiler
Planning and Zoning Commission
September 21, 2022
Page 3
closed the public hearing portion of the meeting at 7:09 p.m. There was no discussion on the
matter by the Planning Commission.
A motion was made by Commissioner Davis and seconded by Commissioner Lehman to
approve the petitioner’s request for a Zoning Map Amendment to A-1 Agriculture District,
Conditional Use Permit to operate an Agritourism Business with Outdoor Storage to be in
substantial conformance with §11-6-20 Outdoor Storage District Regulations, Zoning
Variations to accommodate all existing principal and accessory structures excluding any
gravel driveways, and minimum lot width for the property located at 4813, and 4815 W.
Crystal Lake Road. And by making said motion I agree that the approval criteria for Zoning
Map Amendments, Conditional Uses, and Zoning Variations have been met as outlined in
the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis,
Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried.
The hearing for file Z-2002-17.2 was closed a 7:11 p.m.
File No. Z-2022-17.3
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Zoning Map Amendment to C-2 Neighborhood Commercial District, Zoning Variations to
accommodate all existing principal and accessory structures, any other zoning relief necessary
to accommodate the existing commercial operations at 4817 W. Crystal Lake Road
Planner Sheriff stated that the petitioner has complied with the public notice requirements. The
property currently is being operated as a candy store and has been for a while now. Staff and
Council want to accommodate the uses.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:12 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:12 p.m. There was no discussion on the matter by the Planning Commission.
A motion was made by Commissioner Bremer and seconded by Commissioner Davis to
approve the petitioner’s request for a Zoning Map Amendment to the C-2 Neighborhood
Commercial District, Zoning Variations to accommodate all existing principal and accessory
structures excluding any gravel driveways, any other zoning relief necessary to
accommodate the existing commercial operations at 4817 W. Crystal Lake Road. And by
making said motion, I agree that the Approval Criteria for Zoning Map Amendments, and
Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes:
Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-
absent: Commissioner Smale. Motion Carried.
The hearing for file Z-2002-17.3 was closed a 7:14 p.m.
Planning and Zoning Commission
September 21, 2022
Page 4
File No. Z-2022-17.4
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit for Agritourism,
and Outdoor Storage in Conjunction with an Agricultural Use, Zoning Variations to minimum
lot width, and any other zoning variations necessary to accommodate the existing principal
and accessory structures at 4819 W. Crystal Lake Road.
Planner Sheriff stated that the petitioner has complied with the public notice requirements.
Existing operations include bee keeping and other agricultural uses. Staff and Council want to
accommodate the uses. With the longevity of the use on the property, Staff does not believe
that this amendment will adversely impact the surrounding property owners.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:15 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:16 p.m. There was no discussion on the matter by the Planning Commission.
A motion was made by Commissioner Lehman and seconded by Commissioner Riley to
recommend approval of the petitioner’s request for a Zoning Map Amendment to A-1
Agriculture District, Conditional Use Permit for Agritourism and Outdoor Storage in
Conjunction with an Agricultural Use to be in substantial conformance with §11-6-20
Outdoor Storage District Regulations, Zoning Variations to minimum lot width, and any other
zoning variations necessary to accommodate the existing principal and accessory structures
excluding any gravel drive driveways at 4819 W. Crystal Lake Road. And by making said
motion I agree that the approval criteria for Zoning Map Amendments, Conditional Use
Permits, and Zoning Variations have been met as outlined in the staff report. Roll Call Vote:
6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-
abstained; 1-absent: Commissioner Smale. Motion Carried.
The hearing for file Z-2002-17.4 was closed a 7:17 p.m.
File No. Z-2022-17.5
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Conditional Use Permit for a Conditional Public Use to accommodate the existing operations
of the Commonwealth Edison Company, Zoning Variations to allow administrative site plan
review by Staff Plat Review Committee for future expansions and site plan modifications
within the existing developed area, Zoning Variations to accommodate all existing principal
and accessory structures, any other zoning relief necessary to accommodate the existing
public utility operations for the 4.76-acre property, more or less, located on the south corner
of the intersection of Lillian Street and Hay Street
Planning and Zoning Commission
September 21, 2022
Page 5
Planner Sheriff stated that the petitioner has complied with the public notice requirements.
Existing utility operations have existed for a very long time, and staff does not believe that this
amendment will adversely impact the surrounding property owners.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:19 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:19 p.m. There was no discussion on the matter by the Planning Commission.
A motion was made by Commissioner Bremer and seconded by Commissioner Davis to
recommend approval of the petitioner’s request for a Conditional Use Permit for a
Conditional Public Use to accommodate the existing operations of the Commonwealth
Edison Company, Zoning Variations to allow administrative site plan review by Staff Plat
Review Committee for future structural expansions and site plan modifications within the
existing developed area, Zoning Variations to accommodate all existing principal and
accessory structures, any other zoning relief necessary to accommodate the existing public
utility operations for the 4.76-acre property, more or less, located on the south corner of the
intersection of Lillian Street and Hay Street. And by making said motion I agree that the
approval criteria for Conditional Use Permits and Zoning Variations have been met as
outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale.
Motion Carried.
The hearing for file Z-2002-17.5 was closed a 7:20 p.m.
File No. Z-2022-17.6
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Zoning Map Amendment to C-5 Highway Commercial District, Conditional Use Permit for a
Conditional Public Use to accommodate the existing public gas utility operations, Zoning
Variations to allow administrative site plan review by Staff Plat Review Committee for future
expansions and site plan modifications within the existing developed area, zoning variations
to accommodate all existing principal and accessory structures, any other zoning relief
necessary to accommodate the existing public utility operations for the 0.32-acre property
located directly west of the intersection of S. Front Street (IL-31) and Mercy Drive
Planner Sheriff stated that the petitioner has complied with the public notice requirements. An
existing gas utility operation exists and is unable to expand, and is on accommodating zoning on
State highway. Staff does not believe that this amendment will adversely impact the surrounding
property owners.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:22 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:23 p.m. There was no discussion on the matter by the Planning Commission.
Planning and Zoning Commission
September 21, 2022
Page 6
A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to
approve the petitioner’s request for a Zoning Map Amendment to C-5 Highway Commercial
District, Conditional Use Permit for a Conditional Public Use to accommodate the existing
public gas utility operations, Zoning Variations to allow administrative site plan review by
Staff Plat Review Committee for future expansions and site plan modifications within the
existing developed area, zoning variations to accommodate all existing principal and
accessory structures, any other zoning relief necessary to accommodate the existing public
utility operations for the 0.32-acre property located directly west of the intersection of S.
Front Street (IL-31) and Mercy Drive. And by making said motion I agree that the approval
criteria for Zoning Map Amendments, Conditional Use Permits, and Zoning Variations have
been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer,
Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner
Smale. Motion Carried.
The hearing for file Z-2002-17.6 was closed a 7:24 p.m.
File No. Z-2022-17.7
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Use Variance to allow the continued use of the existing Off-Site Advertising Billboard Sign
(Property PIN: 14-03-100-028), and a Zoning Map Amendment to A-1 Agriculture District for
various property located directly north of the intersection of Cunat Drive and Bull Valley
Road, and directly southeast of the intersection of Bull Valley Road the Union Pacific Railway
Line (PIN: 14-04-200-030, 14-03-100-015, 14-03-100-016, 14-03-100-028, 14-03-300-006).
Planner Sheriff stated that the petitioner has complied with the public notice requirements.
Agricultural uses currently exist and the land should still be kept for farming. A billboard sign
exists on one parcel and moving forward this can be replaced if damaged or destroyed. Staff
does not believe that this amendment will adversely impact the surrounding property owners.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:25 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:25 p.m. There was no discussion on the matter by the Planning Commission.
A motion was made by Commissioner Lehman and seconded by Commissioner Riley to
recommend approval of the petitioner’s request for a Use Variance to allow the continued
use of the existing Off-Site Advertising Billboard Sign for the property identified as PIN: 14-
03-100-028, and a Zoning Map Amendment to the A-1 Agriculture District for the properties
identified as PIN: 14-04-200-030, 14-03-100-015, 14-03-100-015, 14-03-100-016, 14-03-100-
028, and 14-03-300-006. And by making said motion I agree that the approval criteria for
Zoning Map Amendments and Use Variances have been met as outlined in the staff report.
Planning and Zoning Commission
September 21, 2022
Page 7
Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman.
0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried.
The hearing for file Z-2002-17.7 was closed a 7:28 p.m.
File No. Z-2022-17.8
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Zoning Map Amendment to I-1 Industrial District, Zoning Variations to accommodate the
existing principal and accessory structures, and any other zoning relief necessary to
accommodate the existing industrial operations for the property located at 5015 Bull Valley
Road.
Planner Sheriff stated that the petitioner has complied with the public notice requirements. The
property was zoned industrial with the county and should remain zoned industrial with the City.
A commercial warehouse currently exists. Staff does not believe that this amendment will
adversely impact the surrounding property owners.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:29 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:29 p.m. There was no discussion on the matter by the Planning Commission.
A motion was made by Commissioner Bremer and seconded by Commissioner Davis to
recommend approval of the petitioner’s request for a Zoning Map Amendment to I-1
Industrial District, Zoning Variations to accommodate the existing principal and accessory
structures, and any other zoning relief necessary to accommodate the existing industrial
operations for the property located at 5015 Bull Valley Road. And by making said motion I
agree that the approval criteria for Zoning Map Amendments and Zoning Variations have
been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer,
Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner
Smale. Motion Carried.
The hearing for file Z-2002-17.8 was closed a 7:30 p.m.
File No. Z-2022-17.9
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations to
accommodate the existing principal and accessory structures, and any other zoning relief
necessary to accommodate the existing law office operations at 908 S. IL-31. Use Variation to
allow a single family residence in the C-5 Highway Commercial District for 912 S. IL-31.
Planning and Zoning Commission
September 21, 2022
Page 8
Planner Sheriff stated that the petitioner has complied with the public notice requirements. The
property currently houses law officer and is zoned Estate. A single family home also exists to the
south. Staff does not believe that this amendment will adversely impact the surrounding property
owners.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:32 p.m. With no
members of the public wishing to address the Commission, she closed the public hearing portion
at 7:32 p.m. There was no discussion on the matter by the Planning Commission.
A motion was made by Commissioner Bremer and seconded by Commissioner Riley to
recommend approval of the petitioner’s request for a Zoning Map Amendment to C-5 Highway
Commercial District for the property located at 908 and 912 S IL-31, Zoning Variations to accommodate
the existing principal and accessory structures, any other zoning relief necessary to accommodate the
existing law office operations at 908 S. IL-31, and a Use Variation to allow a single-family residence in the
C-5 Highway Commercial District for 912 S. IL-31. And by making said motion I agree that the approval
criteria for Zoning Map Amendments, Use Variations, and Zoning Variations have been met as outlined in
the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley
and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried.
The hearing for file Z-2002-17.9 was closed a 7:34 p.m.
Open Discussion:
There was no open discussion from members of the Planning Commission.
Staff Report: Planner Sheriff explained that they have been working on a draft for the scope of
the comprehensive plan update. With the amount of investment that has been going into Green
Street and Riverside Drive, it may be a good idea to start a sub-area update. This is also a good
time to update the future land use map. He has been excited to talk to a couple of firms regarding
the comprehensive plan update. Hopefully multiple applicants can be obtained for the job.
Many of the projects on the State highways have been held up by IDOT. The Trio gas station was
approved with a preliminary plan but new staff at IDOT have caused their plans to be rejected.
The apartment complex at Route 31 and Veterans passed at the Council level, and final plans are
being worked on. The Althoff property at the former Hanly Mill was rejected for funding, but the
firm has resubmitted plans and are hoping it can move forward in the future.
The City will soon be moving forward with the next batch of forced annexations. Riverside Drive
has some pockets on the riverfront, and there are a couple of properties surrounded on River
Road. There should be no rezoning issues with those properties as they are all residential. A
developer is looking at some property near the old Bull Valley Road and Charles Miller Road for
possible duplexes or another home development.
Planning and Zoning Commission
September 21, 2022
Page 9
Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Lehman
to adjourn the meeting at 7:46 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale.
Motion Carried.
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, Kurt Eldrup (Aviation Flying Furniture), is requesting approval of a Use Variation to allow Light
Furniture Manufacturing with Outdoor Rental Storage of Recreational Vehicles, and zoning variations to
accommodate the existing principal structure at 2902 W IL-120. The subject property was formerly occupied
by 4-Wheel Drive, an automobile repair shop, but has remained vacant for several years. The petitioner’s
business involves the manufacturing of custom, handcrafted, home and professional office furniture out of
aircraft parts. Although the petitioner’s unique business does have a retail component which is somewhat
consistent with the permitted uses in the C-5 District, the principal use of the property would primarily involve
furniture manufacturing which is only allowed in the I-1 Industrial District. Staff felt it was appropriate to
maintain the C-5 Highway Commercial Zoning and advised the petitioner to apply for a Use Variation. Staff
also advised the petitioner to seek zoning variations to accommodate the existing principal structure which
sits directly on the west property line, and 2.5’ off the interior property line (10’ required).
Figure 1- Site Aerial Figure 2 - Plat of Survey Image Clip
The petitioner is proposing to construct a 6-foot tall, wood, privacy fence on the rear of the property to screen
the outdoor storage from view. The petitioner is also proposing significant investment into the façade and
parking surface which are in relatively poor condition. The petitioner desires to store a few recreational
vehicles in the rear of the property but would primarily use the outdoor space to store the business’ vehicles
actively utilized in operations which is permitted. There are existing garage doors that would allow the
petitioner to access the rear of the property from IL-120; however, the petitioner is in the process of receiving
an access easement from the VFW for site access along the northside of the property.
(Staff Report Continues on Next Page)
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.
• The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of
McHenry Zoning Ordinance
STAFF ANALYSIS
CURRENT LAND USE & ZONING
The subject property is currently zoned C-5 Highway Commercial District with the surrounding land use and
zoning primarily consisting of C-5 Highway Commercial District with I-1 Industrial District zoned parcel to the
south that is currently occupied by Jessup Manufacturing. The primary consideration is how the proposed use
of the property will interact with the surrounding land use and zoning. Although there is a retail component to
the business, it is primarily a custom furniture manufacturing operation. In comparison to the prior use of the
property for many years as an automobile repair shop, staff does not believe the proposed use would
generate any adverse impacts on adjoining property owners that would exceed that of the previous use. Given
the longevity of the site configuration of the existing structures, staff does not believe approval of the request
for zoning variations would generate any adverse impacts on the surrounding property owners.
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use Map recommends commercial land use for the subject property with industrial land use
primarily on the south side of IL-120. Although light furniture manufacturing is not consistent with the Future
Land Use Map’s recommendation for commercial, the request is somewhat consistent with map’s
recommendation for industrial land use located directly south of the subject property. The Commission may
wish to consider whether the overall request is consistent with the Future Land Use Map’s recommendations
for this section of the IL-120.
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
• Land Use, Policy – “Consider amendments to the Zoning Ordinance and Zoning Map to ensure
conformity with the Comprehensive Plan on a case-by-case basis.” (p. 27)
Although not in conformance with the future land use map recommendation for commercial, the
request is somewhat consistent given that there is a retail element to their business operations. The
future land use map also recommends industrial land use within the general vicinity of the subject
property.
• 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 significant investment in the façade and parking area which are currently in
poor condition. Staff believes it is appropriate to include as a condition of approval that site
development shall be in substantial conformance with the submitted plans and building elevations to
accommodate the petitioner’s zoning requests.
• Economic Development, Policy – “Allow Highway Commercial zoning only along major transportation
routes.” (p. 54)
The petitioner is requesting to allow a light furniture manufacturing use within the C-5 Highway
Commercial District. The subject property is comparably much smaller than other C-5 Highway Property
in the City. Many traditional retail businesses would be challenged to operate on site given the limited
amount of parking available. Staff believes the petitioner’s request is reasonable given these existing
site conditions.
SITE PLAN REVIEW
• Zoning District Bulk and Setback Requirements. The C-5 Highway Commercial District requires a
interior side yard setback of 10’. The plat of survey indicates the west edge of the building sits directly
on the property line and the east edge of the building is approximately 2.5’ off the east property line.
According to County GIS imagery, the configuration of the site has existed since at least 1980. Given
the longevity of the nonconformity, staff does not believe approval of the request to accommodate the
existing principal structure would generate any adverse impacts on the surrounding property owners.
• Landscaping. According to aerial imagery, it appears that nearly all of site is covered in impervious
surface. The installation of landscaping on the subject property would be challenging given the existing
conditions. The Zoning Ordinance allows the Zoning Administrator to waive landscape installation
requirements based on unique site-specific circumstances. Staff agreed with the petitioner that it was
appropriate to waive landscape installation requirements given these existing conditions.
• Parking. The size of the building is approximately 3,000 SF which would require only 1 parking space to
accommodate a manufacturing business. The proposed use of the property is in substantial
conformance with the City’s Off-Street Parking and Loading requirements.
• Outdoor Recreational Vehicle Rental Storage. The proposed rental storage area is located in the rear
of the property that is already screened from the front of the property by the existing building as well
as from the east property line by a change in grade. The site line of the rear property is already
somewhat industrial in appearance with the rear side of the VFW scoreboard sign visible from the
street. Staff believes the added screening of the rear property would add value to the adjoining
property owners. Staff does not believe the rental storage request would generate any adverse
impacts on the adjoining property owners.
STAFF SUMMARY ANALYSIS
• Staff believes the proposed light manufacturing operation is somewhat consistent with the industrial
land use in the area.
• Staff believes traditional retail uses would struggle to utilize the site due to the size of the property and
lack of available parking.
• Staff does not believe the proposed manufacturing use with outdoor rental storage of recreational
vehicles would generate any adverse impacts greater than the prior use of the property as an auto
repair shop.
• Given the longevity of the site in its current configuration, staff does not believe approval of zoning
variation requests would generate any adverse impacts.
• Staff have included as a condition of approval that all development on site shall be in substantial
conformance with the submitted site plan and building elevations.
If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is
recommended.
MOTION: I motion to recommend approval of the petitioner’s request for a zoning variation to allow a 0’
interior side yard setback to accommodate the existing principal structure as depicted on the submitted plat
of survey dated April 8, 2022, and a Use Variation to allow light furniture manufacturing with outdoor
recreational vehicle rental storage subject to the following conditions:
1. The outdoor storage of recreational vehicles shall be screened from view, at minimum, by a 6-foot privacy
fence.
2. The outdoor storage of recreational vehicles shall be restricted to the proposed fenced in area located
behind the principal structure, as depicted on the submitted site plan.
3. All development on site shall be in substantial conformance with the submitted site plan and building
elevations to the greatest extent possible as determined by the Zoning Administrator.
AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations and
Zoning Variations have been met as outlined in the staff report.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5) Staff comments italicized below.
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title relating to the use of the buildings or structures, or the use of
the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from
mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship upon the property owner due to the small size of the lot which would
make it challenging for traditional retail commercial businesses to utilize due to limited parking.
B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
Staff believes that based on the relatively small size of the property, it would be challenging to find a
suitable commercial use for the property that could be accommodated with the limited amount of
space available for parking.
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff believes the request is under a special circumstance related to the longevity of the establishment
of the existing principal structure and configuration of the lot.
D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the
locality, nor substantially impair environmental quality, property values or public safety or welfare in
the vicinity.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area due to the longevity of the property being used formally as an auto repair shop.
E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting
redevelopment and requiring aesthetic improvements to the site.
VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments 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 operating in its current layout and configuration for over 40 years.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as it relates to the size of the property and layout of the
existing principal structure only and not all property within the C-5 Highway Commercial District.
C. Not Resulting From Applicant Action.
The applicant did not cause the nonconformity, the site has existed in its current configuration for over
40 years.
D. Unnecessary Hardship.
Staff believes enforcement would create an unnecessary hardship on the applicant which would require
the principal structure to be significantly altered or destroyed in order to conform with the underlying
zoning district regulations.
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 for a commercial business.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality due to the longevity of the existing layout of the principal structure for over 40 years.
H. Consistent With Title And Plan:
Staff believes the request is consistent with supporting commercial development to offer a wide variety
of commercial services.
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
#
#
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
AGENDA SUPPLEMENT
TO: Planning & Zoning Commission
FOR: October 19, 2022, Planning & Zoning Commission Meeting
FROM: Cody Sheriff, City Planner
RE: Z-2022-21 Zoning Text Amendments to §11-6-18 – Adult-Use Cannabis Business
– District Regulations
ATT: Draft Text Amendments
AGENDA ITEM SUMMARY:
The City of McHenry is requesting approval of text amendments to its Adult-Use Cannabis
Business Regulations to limit the total number of Cannabis Dispensaries from two (2) to one (1)
in the City of McHenry.
STAFF ANALYSIS:
Staff have been in communication with a dispensary interested in locating within the McHenry
Market Area. Given the present circumstances of cannabis licensing, various dispensary license
owners have conveyed similar concerns regarding allowing more than one location in the City.
Staff is not opposed to limiting the total number of dispensaries from two to one given the fact
that the City currently does not have single dispensing organization.
Sample Motion: Motion to approve zoning text amendments to §11-6-18 Adult-Use Cannabis
Business Regulations as outlined in the staff report.
Draft Text Amendments
11-6-18(A)2(c): ADULT -USE CANNABIS BUSINESS:
A maximum of one (1) two (2) Adult-Use Cannabis Dispensing Organizations shall be permitted
to be operating in the City at anyone time.