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HomeMy WebLinkAboutPacket - 7/27/1992 - Building and Zoning Committee City of McHenr y � ^ 333 South Greer Street ��� ��'�"'' �, McHenry, Illinois 60050-5642 _ �'�'__� _ �`. _ 4_ _ I _ - - - ��' _ ` ,-.- . = -_ _,�.=. BUTLDING & ZONING CO�IMITTEE MEETIfVG Clerk's Office and Administration (815)363-2100 JULY 27, 1992 FAX: (815)363-2119 Public Works, AGENDA Building and Zoning (815)363-2170 Parks and 1. 5012 Greenbri er Dri ve - RV storage Recreation (815)363-2160 Z. 1G05 N Park Street - `Cel ephone/si gn on premi ses Police (Non-Emergency) 3. Modu�ar Homes - Inspections (815) 363-2200 4. Past Departmental Complaints 5. Director's Report Mayor William J. Busse City Clerk Barbara E. Gilpin Treasurer Lillian Cairns Aldermen WARD 1 William J. Bolger Toni Donahue WARD 2 Gary W. Lieder Terence W. Locke WARD 3 Raymond Smith Dennis L. Adams WARD 4 Cecilia Serritella Randy Patterson BUILDING & ZONING COMMITTEE MEETING AGENDA ITEM 5012 WEST GREENBRIER DRIVE - RV PARKING COMPLAINT BACKGROUND INFO Complaint was initiated on April 8, 1992. Determination was made at that time that the recreational vehicle (rv) was suitably parked/stored on the premises in the rear side yard. Second complaint was received on May 7, 1992, and forwarded to B & Z Dept. by Alderman Locke. After review of the parking provisions of the Zoning Ordinance, it was determined that the ry in questions should be parked in front of the garage in the driveway of the subject residence. Parking in the rear side yard would only be permissible if the ry would not fit in the driveway (i .e. would encroach upon the public right of way) . Homeowner was advised of the violation of the ordinance via a correction ordinance notice on May 15, 1992. Correspondence was received from homeowner (see attached) requesting relief from the parking ordinance. Followup correspondence to the homeowner was sent on June 16, 1992, pending the outcome of council decision. If you are unfamiliar with the site, you might consider viewing the site prior to the meeting. RECOMMENDATION Since the RV is parked in a location that would be acceptable if it did not fit in the driveway, I would recommend that the trailer be allowed to remain in its present location. In addition, I would also recommend that the language of the Zoning Ordinance be changed to permit placement of RV's in any one of the three remaining locations if it does not fit in the garage. See attached copy of page 169, #4b 4c, and 4d. Cit of McHenr Y Y �ti,,�, 333 South Green Street �:��• ��� McHenry, Illinois 60050-5642 r y - ���I ' I ��� ' • . ... .. . � "»' June 16, 1992 Leonard and Laraine Kubiak 5012 Greenbrier Drive McHenry Illinois 60050 Re: Ordinance Violation RV in corner side yard 5012 Greenbrier Drive, McHenry Illinois 60050 � Dear Mr. and Mrs. Kubiak: Per your request, please consider this as written confirmation of the extension of the Correction Ordinance Notice which was received by you on May. 18, 1992. Due to the fact that you are actively seeking City Council approval of,.the current location of your recreational vehicle, the extension has been granted. If this department can be of further assistance, please do not hesitate to contact us. Thank you. Sinc rely, CIT OF MCHENRY � � ohn A. Loba' o Director of Building & Zoning JAL/kmk c: File Clerk's O((ice and Administration Public Works, Parks and Police (815)363-21U0 Building and Zoning Recreation (Non-Emergency) FAX:(815)363•2119 (815)363-2170 (815)363-2160 (815)3G3-220U JUN 1 � 1992 � � �{�Y I.eonard & Laraine Kubiak 5012 Greenbriar Dr. McHenry, IL 60050 815-344-1224 Dear Mayor William Busse, Aldermen: lst Ward- William J. Bolger, Toni Donahue 2nd Ward- Terence W. Locke, Gary W. Lieder 3rd Ward- Raymond Smith, Dennis L. Adams 4th Ward- Cecillia Semtella, Randy Patterson It has come to our attention thru two complaints filed with Building & Zoning Department against us that we (and many others) are in violation of zoning ordinance Chapter VIII 8A4b. This came as a total shock to us. In September 1979 upon moving to McHenry we checked for ordinances concerning our R.V. In late January 1987,just prior to purchasing our present R.V. I made a personal visit to the Building & Zoning department. I was advised that there were only two restrictions. These still exist as Chapter VIII 8A1 and 8A2. I was unable to obtain a written O.K. because there was no violation that needed variance. Not until mid-May 1992 did we become aware that the present ordinance existed and was passed on December 22, 1986. In attempting to comply with the present ordinance we have become aware of certain situations not addressed and provided for in the current code. We aze requesting the Mayor and City Council to review this ordinance concerning R.V.'s, specifically as it applies to our situation, and generally many other citizens of McHenry. The situations aze: Configuration: Lot shape and size. : Space between homes. : Placement of home on lot. : Driveway width and incline. Safe�: Children playing around, under, in and on R.V.'s in driveways. : Stabilizing R.V.'s on inclined driveways presents a hazardous situation. : Entering and exiting driveways with partially blocked views to sidewalks and streets in a residential area. : R.V.'s parked in driveways will drastically and dangerously limit parents ability to supervise children outside at school bus stops, front and side sidewalks and their own and neighbors yards. R.V. Ordinance situation - Page 2 Vehicles: Size and weight. rime: Very many people are concerned that R.V.'s parked in driveways invite and provide easy and quick access for vandalism and break ins. R.V.'s parked in driveways prevent visibility of neighbors homes and property, reducing the effectiveness of neighborhood watchfulness. E, esore: In driving through the neighborhoods of McHenry and observing how our citizens have handled the R.V. parking situation, most of them are to be commended on their use of common sense, care, time and resources used to provide as unobtrusive a parking placement as possible. : We realize there is a need to regulate the parking of R.V.'s on personal property. To require R.V.'s to be parked only in driveways is creating eyesores and nuisances. : It will also create conflict and bad feelings among neighbors. Other Communities• Other communities in McHenry County prohibit parking R.V.'s in driveways. Your review and attention of this ordinance is appreciated. If we can be of any assistance please do not hesitate to contact us. Sincerely, � onard a��Larai� LK/cic CC: Mayor Busse and City Council Building & Zoning Department Our file CORRECTION ORDINANCE NOTICE wn�<<-�i��.� •r.���,��,�;u�i,�. Ycllow-Owncr orOccupanl ur Agcnl State of Illinois) Pink-U�vncr or Uccupant ur Agcnl County of McHenry) ' City of McHenry) . The undersigned �THLEEN M KUNZER,CODE ENFORCEMT OFCR __ _ of the City of McHenry, being first duly sworn on oath deposes and says: ` 1) That he inspected the YARD _a��� prcni�.�cs commonly known as 5012 GREENBRIER DRIVE _ _ McHenry, Illinois. LEONARD KUBIAK 2) That the owrier (agent) (occupant) of the aforesaid premises is_ 3) That he found the following violations of the following City Ordinances: 1. RECREATIONAL VEHICLE PARKED IN THE SIDE YARD IN VIOLATION OF THE CITY OF MCHENRY ZONING ORDINANCE CHAPTER VII, OFF-STREET PARKING AND LOADING, SECTION 8, PARKING OF RECREATIONAL VEHICLES. PER CITY CODE, SAID RECREATIONAL VEHICLE SHALL BE PARKED IN THE ORIVEWAY OF RESIDENCE. You are hereby notified that the above violations must be corrected not later than the date indicated below or legal action will be initiated to compel compliance. Final date for correction: JUNE 15, 1992 Dated at McHenry, Illinois this 15TH day of MAY A.D., 19 92 , at $ A .M. Ins ector or fficer I KATHLEEN M KUNZER served a copy of this notice on MAY 15 , 19 92 , by (��v�� (maili,ng) to LEONARD KUBIAK, 5012 GREENBRIER DRIVE, MCHENRY IL 60050 Signed and Sworn before me this t��j�+�t�j�;,�qL SEAL" A.^',d�, M. RODENKIRCH / � � � / MAY 15 19 92 � i; ;,,;;�ftc��lc,S�ate of Iilinoi � -�-�'�-r�-. -C/�.�N"� ; `:� ^.::.:c;:,:..�:;;; [xpires 5/24/9s Notary Public � � . ..��vA.^.t^./�..� ' • SENDER: Complete items 1 and 2 when edditional services are desired, and complete items 3and4. Put your addreas in t�he"RETURN TO"Space on the reversa side.Failure to do thls will prevent this card from being raturned to you.The return rec i t fee wiil rovide ou the name ot the rson deliver d to and the date of deliv For a �tiona ees t e o owmg serv�ces are ava�a e. onsu t postmaster o�rTees an c iec c ox as o dditional service(s1 raquasted. 1. D Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Ertra charge) (Fxtm charge) 3. Article Addressed to: 4. Article Number LEONARD KUBIaK 5012 GREENBRIER DR T e of Service: �Replstered ❑ Insured MCHENRY IL 60050 O cen�t�sd �co� xpress Mail ❑Return Receipt for Merchandise Alw obtain eipnaturs of addreasee ) or agent and DATE DELIVERE�. 5. ign —Addres . ,,.-;�^"' �ddressee's Address (ONLY if � , , . equestcd and fee poidl � t�;� 6. 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CITIZEN REQUEST & COMPLAINT DEPT. -►-Z DAT TIM 3�/ LOCATION /.� COMPLAINT �LU �S �- c Q�J � `�� �rn C�.�.�.v:.e-u.��c.u, ,9� _ HOME REPORTED BY�il�i .C�.�/1�L-��1'l.!/`• PHONE � WORK ADDRESS PHONE RESPONSIBLE PARTIES: 1. OWNER_ I�.��l ��i PHONE ADDRESS 2. TENANT PHONE ADDRESS INSPECTION DATE TIME I have made an inspection at the premises described above and hereby submit my report and recommendations: ' � I . ,c_.�.�.�z D , � — � �.���.--,,, � �, ,� �i � � COMPLETION DATE � I Plo off-street parking for any non-singl e-family residential use is permitted within any required yard abutting property in an RS District. No parking for any non-residential use is permitted within any required yard abutting property in any Residential District. 8. PARKING OF RECREATIONAL VEHICLES A. In Residential Districts � A singl e recreational vehicl e as defined herein per dwell ing unit may be parE;ed or stored in a Residential District provided that: y 1 , it is at no time occupied for living or sleeping pur oses except as may be all a,�ed by the City Council on a temporary basis • 2. it is not connected to natural gas, water, or sanitary sewer servi ce � 3, it is stored in its collapsed position if it is a vehicle of the collapsible type not stored in a garage 4. it is parked or stored in a location determined by the fol l owing: a. The vehicl e shal l be parked in a garage, carport, or covered parking space, where one �is avail abl e on the premises 1 arge enough to accorrrmodate the vehicl e b, othenvise, the vehicl e shall be parlced in the driveway to the rear of the actual buil di ng 1 ine of the princi pal building that is opposite the street to which the drive��vay has access where this is possible to do c. otherw i se, the vehi cl e shal l be parked i n the dri v�vay ahead of said buil ding 1 ine but not encroaching upon any puhl ic sidewal k d , otherwise, where the dwell ing unit does not have its own driveway, the vehicle shall be parked in an open off-street parking space. B. In Other Districts There shall be no restrictions on parking of recreational vehicl es in non-residential districts, other than those concerning outdoor storage. -16 9- BUILDING & ZONING COMMITTEE MEETING AGENDA ITEM 1605 NORTH PARK STREET - ILLEGAL SIGN COMPLAINT BACKGROUND INFO A complaint was initiated on July 20, 1992 referrence a 6 foot high wooden model of a tE�lephone being installed on the above-mentioned premises. Review of the address file for 1605 North Park Street revealed that a special use permit was issued in 1978 to Barbara Gerash for the operation of a telephone answering/letter writing service at that location. Pursuant to the granting of the special use permit, the City Council stated that there be no outward sign of the presence of the business on the site with the sole exception being the installation of an oversized antenna. Copies of the ZBA report of those proceedings and the ordinance providing for the special use permit are included for your review. The question I bring before the committee is whether or not this 6 foot model of a telephone is a sign. I have enclosed the Zoning Ordinance definition of a "sign". Ms. Gerash contends that the "telephone" is being used to screen her garbage and that the "telephone" is not a sign. As you are aware, signs are not permitted in a residential district. SETBACK: SEE YARD SETBACK, FRONT: SEE YARD, FRONT SHOPPING CENTER: A group of three or more retail or service commercial uses characterized by any one or more of the foll a�uing: 1 . Uses are designed as a singl e comnercial group, whether or not 1 ocated on the same 1 ot 2. Contiguous uses occupy premises that are under common ownership or management 3. Uses are connected by party wall s, partitions, canopies, or other structural members to form one continuous structure 4. Uses are 1 ocated i n separate buil d i ngs but are interconnected by wal kways or access ways designed to facilitate customer interchange between the uses 5. Uses share a common parking area h. Uses otherwise present the appearance of a singl e continuous commercial devel opment. SIDE LOT LINE: SEE LOT LINE, SIDE SIDE YARD: SEE YARD, SIDE SIGN: Any visual or graphic device designed through use of wo.rds, numbers, characters, or symbol s to inform or attract attention and which is designed to be visible from outside any building or structure in �,�hich, upon which, or attached to which it may be located. Windaw displays of inerchandise and signs of 1 ess than 1 /2 square foot i n area that are part of such displays and are not affixed to windows shall not be considered signs for purposes of this Ordinance. S I GPl AREA: - The total exposed surface on each facing devoted to ' a sign's message, including all ornamentation, embel l i shment, and symbol s but excl ucii ng any supporting structure that does not form part of the -� sign proper or of +he display. The area of a sign consisting of individual letters or symbols against -500- , � , =; . IV. RESIDENTIAL DISTRICTS A. GENERAL RESIDENTIAL DISTRICT REGULATIONS The follawing provisions apply in all Residential Districts: 1 . HOME OCCUPATiONS Home occupations shall be Roverned by the followinq regulations: a. Home occupations shall not employ more than one person that is not a member of the immediate family living on the premises. ' b. Home occupations shall be conducted entirely �vithin enclosed structures, and there shall be no exterior storage of equipment or materials used. . c. There shall be no visible evidence of the conduct of such occupation in the outside appearance of the premises. d. Any need for parking generated by the occupation shall be met off the street. e. No home occupation shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or of the fire district in which the structure is located. f. Home occupations may incl ude, among others, the foll awing uses provided they conform to all other requirements herein: 1 , art or crafts studio 2.. dressmaking ' 3. teaching or tutoring, limited to one pupil at a time except for occasional groups • 4, authors or composers 5, offices of a professional person such as a cler�rman, attorney , architect , engineer, physician, dentist, or accountant 6, a barber shop or beauty parl or. g: Home occu pat i on s shal l not i ncl ud e: 1 . any whol esal e or reta il bus i ness that i nvol ves the use of commercial vehicles for delivery of ma�erials to or from the premises • ?_. any manufacturing or processing operation 3. any repair or service establishment 4, a stabl e or kennel -90- � r 5. a restaurant 6, a clinic or hospital 7. a mortuary . 8. a child day care center 9. a private cl�ub 10, the renting of trailers 11 , a tourist home 12, any activity that creates noise, fumes, odor, dust, electrical interference, or pedestrian or vehicular traffic �hat is more than normal for the area in which it i s 1 ocated. 2. STANDARDS FOR NON-RESIDENTIAL USES � • Yard requirements for non-residential Permitted and Conditional Uses except Permitted and Conditional Publ ic Uses and temporary uses shall be the same as required for single-family detached dwellings in the same zoning district. Where a building height is over 35 feet, hawever, each required yard shall be increased by two feet for each additional foot of building height over 35 feet. The lot width and area requirements for each non-residential Permitted Use except Permitted Publ ic Uses and ,temporary uses shal l be the same as required per dwelling unit ' in the same district. For non-residential Conditional Uses, such requirements shall be as determined by the City Council . For both non-residential Permitted and Conditional Uses, maximum building height shall be governed by a maximum fl oor area ratio of 0.6 and off-street parking and loading and 1 andscaping requirements and sign regul ations shall be as provided in Sections VII, VIII, and IX. 3. RESIDENTIAI LOTS ABUTTING ARTERIAL STREETS In subdivisions created after the date of effect of this Ordinance, residential lots accommodating fewer than four dwelling units and abutting an arterial street shall not have direct access onto the arterial . Such lots shall front upon and have access only to existing • � , or new collector or local streets, and not to an arterial , except where the Zoning Board determines this to be impractical . Arterial streets shall be as designated in the City Comprehensive Plan. B. RESIDENTIAL ZONING DISTRICTS SINGLE-FAMILY DISTRICTS Purpose: To recognize, preserve, and protect the present character of existing single-family residential neighborhoods and to provide for the devel opment of new neighborhoods in accordance with contemporary residential development standards. -91 - � � 3-29-89 Table 18: Standards for pon-Exe�pt Signs Mt�ber Maxiw Maxiw ' Per�i tted Area i n Height Other Per Lot Ce7 . Ft. * in Feet Require�ents � ALL USES Directional Signs: At Entrance or Exit 1 [b] 5 2.5 [13] Al1 Other locations 1 10 3 [13] . Real Estate Signs 1 {d] 32 �p ��4� Construction Signs 1 [a] 32 10 [15J Outdoor Advt. Signs 1 ja] 300 25 [76] RESIDENTIAL USES � Apt Bldg Ident. Signs 1 5 __ __ � Developnent Entrance Signs 1 [b) 32 6 [5] INSTITUTIONAL USES Special Event Signs C�j Other Signs ] [a] 32 6 COMt�RCIAI'', OFFICE, INDUSTRIAL d� BUSINESS PARK USES NALL SIGNS 1 [d] [c] -- [g] FREE STANDING SIGNS: Office,Industrial b Business Park Uses: � Main Sign 1 [a] [4] 6 [4] Park Entrance Signs 1 [b] 100 6 C9] Directory Signs 1 [a] -- -- [12] Caanercial Uses: Main Sign 1 [a] [3] � 25 [11] In C-4 District 1 [a] [21] 25 [21] Displa�y Boards or � Changing.Signs 1 [a] [2] -- [11] In Shopping Centers: Mairi Center Sign 1 200 25 [10] Directory Signs 1 -- -- [12] . OTHER SI6NS: Canopy Signs 1 [d] C17] -- .[17] Under Canopy Signs 1 [d] 5 -- [18] Menu Board Signs 1 [d] 32 __ [�g] Portable Stgns 1 50 10 [20] Pro�ecting Signs 1 [d] 5 -- [22] Please also see Exempt Signs for types of signs to which the standards in Table ]8 do not apply. -- Indicates no restriction (Note: MC-91-533 added Business Park to above table) -230- ,..; ' .. ' • - . THE ZONING BOARD OF APPEALS � • CITY OF McHENRY, ILLINOIS IN THE MATTER OF THE PETITION OF ) � l 'J ` � BARBARA GERASCH FOR A VARIAT ON � � � ) �� OF REQUIREMENTS OF THE .CITY OF } � . McHENRY ZONING ORDINANCE OR, IN � ) THE ALTERNATIVE, FOR A SPECIAL USE) 'V PERMIT. � Report and Recommendation of the Zoning Board of Appeals to the City . � Council , City of McNenry. A Public Hearing was held at the City Hall on the above captioned petition on September 29, 1978 at 3:02 P-m- � The fol'lowing were present for that hearing: . 1 . The Zoning Board of Appeals Members: Don Witliams , Bob Blake, Annie Cuda Suzanne Kauss, Jim Fouse, and Ron Wilkins , Chairman. �Clint Claypool resigned from the Board prior to this meeting. � The Board consists of only 6 members instead of the usual 7. 2. Attorney for Petitioner: Tim McKay 3. Petitioner: Barbara Gerasch 4. Attorney for Zoning Board: Bernard Narusis S. � Superintendent of Public Works: Fred Meyer 6, Aldermen: George Harker Objectors: Axel Schwenke, 1626 North Court; Joyce Schwenke, 1626 North Court; Nenry Buch, 3406 Washington Street; Raymond Martin, 1606 North Park; Henry Schmitt, 1606 North Court;Attorney for Objectors : Paul E. Thompson, Long Grove Executive Flouse, Long Grove IL . Also in attendence were approximately 50 persons su�porting Miss Gerasch and her petition. All required documents.were filed: a} 7he petition; b) A ptat of Survey; c) a document from the McHenry County Soii and Water Conservation District; d) a pub- lisher's certificate of publication; e) return receipts of certified mail to tax- payers of record; f) filing fee receipt. � Lynn Donarski , President of Women's Business Group presented petitions with over 500 signatures from persons supporting the Gerasch petition, LOCATION OF PROPERTY IN QUESTION The property in question is located at 1605 North Park Street. �xhi,���� � , .. • . . � , ' < < , . . . SUHMARY . • . In her request for a variation or a Special Use Permit In order to conduct • her Telephone Answering Service in her home, Barbara Gerasch testified that it �was necessary to vacate her present location at 3509 Pearl Street and find another )ocation that would suit her special physical needs and her business needs . Because of her physical hardship she needs a home with iarger than normal doorways, special ramps, lifts, countertops, vanities , daor knobs , light fixtures, and bathing facilities. Because of her business, she must be located within one-half mile of the Telephone Company in order to continue her business at . . its present reasonab]e rates. She testified that if she moved outside of the one- half mile radius her fees would be pro-rated according to distance and her business would decline or be phased out. " Miss Gerasch testified that she cou}d not find a piace in the business district that would . suit her needs--the cost of remodeling being prohibitive. � She also testified that her first concern was having a home that fitted the residential character of the neighborhood that would fit both her physical needs , and the limited needs of her business. She testified that other than a relatively modest antenna needed �for the radio communication service(somewhat larger than a standard TV antenna) �here would be nothing to indicate that there was business in her home. She testified that she had never had any compla�i.nts from her present neighbors about noise, radio or TV interference, parking, or traffic related to her business . James A. Thompson, a neighbor for 31 years testified that Miss Gerasch 's statement wa� true concerning interference. Philip Bartman, emp)oyed by Radicom (a two-way radio company) testified that the�e was no reason for interference if equipment is properly maintained. Also testified by Mr. Thompson was the fact that his property did not diminish in value because of her business-he �moved from his Pearl Street residence about 1 year ago. The objector, represented by Paul Thompson, testified that their chief ' concern was that their neighborhood would gradually chai�ge from residential to business and that traffic congestion would increase, li� cross-examination � the witness for the objectors admitted that Miss Gerasch `s business would not substantially Increase the traffic. � . � ' . . Miss Gerasch also testified that her business facilities inctude electronic • • equipment such as a switchboard, two--way radios and an antenna towei-� required to dispatch private messages. There was also testimony that her business was � privately owned and offered, services such as ambulance dispatching, telephone answering for physicians, and other family and church services. The Board therefore concludes her business falls within the scope of "private ownership uses traditionally affected with a community or public interest," and also fits the description of �'electronic equipment requiring outdoor towers and in- � cluding antenna towers for the dispatching of private messages." Mr. t�arusis answered an i�quiry from the Board with his opinion that a special use would ' be an appropriate mechanism and preferable to a variation. • . �' ' Ir. view of the testimony, the Zoning Board found that: V 4 • . . a) granting a special use permit would not cause substantial � injury to the value of other property in the neighborhood. • This finding is based upon the opinion testimony of the - petitioner and .the testimony of one of the witnesses, James A. Thompson, who stated his property was not diminished in value when he lived next to Miss Gerasch for several � , years on Pearl St�eet while her answering service was in , � , operation. The Board corisidered. testimony of Mr. •Schwanke to the effect that adjacent property valued would decli�e to be speculative and not supported by any concrete evidence_ • b} the location and size of the special use, the nature and intensity of the operation involved in or conducted in � connection with it, the size of .the site in relation to it, and the location of the site with respect to streets , giving access to it, are such that it will be in harmony with the appropriate and orderly development of the res- idential zoning district in which it is to be located. � This finding is based on testimony and exhibits which indicate the telephone answering service faciiities--con� sisting. predominantly of a switchboard, twa-way radio and , outdoor. transmitting antenna tower--wil ] be confined to approximately 1/3 of the basement or lower level of the home under construction. The Board finds that such use, • . , confined to this area of the home, is not so lc;cated or so )arge as to disrupt the residential appearance and character of ' • the neighborhood, especially in view of the uncontradicted . testimony that the outward appearance of the home would not reveal a business use inside(other than the ante�na tower, which would resemble and be only slightly tailer than a television antenna) . 7he nature ofi the specia} use was de- scribed as a telephone answering and letter service, and in- . , cludes the dispatching of private radio messages for ambul- ; � � ances, church groups, physicians and taxis , among others . ' Although the business is in operation 24 hours a day, its � confinement to the ground floor area of the home would, in • the Board's opinion, preserve the resideotial character of both her home and the surrounding area. The petitioner � also testified that her home is being constructed on two . lots measuring 120' x 120' . This lot size is more than ade- quate, in the Board' s opinion, to preserve the orderly • development of this residential district, as the testimony • ' indicated all municipa] set-�back and side-yard reguiations will be complied with by the petitioner, and also because of the limited space within the home which wil � be used for business operations. Finally, the subject premises are • situated on Park Street and are not iocated at a corner or � street intersection, according to Miss Gerasch`s testimony, , The Board finds nothing about this sit� which would create any access problems from public streets, and the traffic . volume which her answering service is expected to generate, • even by the objectors' estimates, will not create any traffic � congestion in the area. � . � _ � . � � . � I_ c) the location, nature and height of the building� according to ` the testimony and architect's drawings , are completely con- � � • �sistent with exisLing residential uses in the area. The Board • found no evidence that these physical features af the home and � lot will in any way hinder or discourage the apprapriate res- idential development and use of adjacent land and buildings. : From all appearances(excepting the antenna tower, which is only slightly higher than a normal tetevision antenna) , the home will look completely residential. Miss Gerasch testified the walls, fences, if any, and the site landscaping wilt be done to make the site as attractive and residentially� oriented as possible. F;om all of the testimony, the Board found her new home will enhance--rather than hinder, dis- courage or impair the value of--neighboring iots and build- ings. In the opinion of the Board, the special use itself--- confined to a realtively small area of the home--would appear . to have little or no connection with such factors as building . � � height, fences or walls; the evidence indicates these items are determined more by the residential character of the home than the special use to be conducted within it. d) there was extensive discussion on the subject of parking. Miss Gerasch stated she was under the impression the City � • would require a separate parking area in front of I�er home to accomodate customer.s, although she would prefer a "turn- around" drive in the front. Employee parking would be available toward the rear of the premises. The Board believed a customer "parking lot" on Park Street in front of the home ' would be undesirable, and Miss Gerasch agreed, stating she _ � hadn' t wanted such a parking area in the first place. She further indicated she would consult with her building contractor to revise the parking plan. In vie�r of the test- � imony indicating relatively little space would be needed for � parking areas , the Board felt adequate parking had been pro- vided for in her plan, and had no objection to her plan to have � employees park in the rear and customers in the front of the premises. Miss Gerasch told the Board the entire lot would be � professionally landscaped to minimize the parking areas ' impact on adjoining residential uses, and the E3oard found this plan to be suitable. She testified, and the Board agreed, that "screening" as such of her parking areas with hedges , fences, etc. would not be necessary, although the landscaping she plans should afford some "screening" protection. Finally, her des- , � cription of the driveway planned for the premises leaves no � question in the Board's mind that traffic hazards and nuisances will be prevented, especially in view of the light traffic volume . . . , her answering service is expected to generate. RECOMMENDATIONS In view of the findings and in view of the special circumstances affecting the Petitioner, and in view of the objectors concern to maintain the residential atmosphere of their neighborhood, the Zoning Board voted to recommend that a Special Use classification in keeping with Articie XV of the Zoning Code, as . amended, be granted with the f�llowing limitations : 1 . That the Telephone Answering be conducted from Miss Gerasch's horne until two (2) years after her death, or for as long as she occupies said premises as her home, whichever circumstance shalt be applicable. 2. That parking be provided for frequent customers. The Zoning Board ' prefers not to see a "parking lot" in the front of the house, which might indicate a business atmosphere. Also, employee parking will be in the rear, aside from the custorner parking. . 3. That landscaping be done which will be suitable to the surrounding . area and the business. Motion made by Suzanne Kauss and seconded by Jim Fouse. Voting aye: Suzanne Kauss, Don Williams, Jim Fouse, Annie Cuda, Robert Blake, and Ron Wilkins, Chairman. Voting nay: None Abstaining: None � Motion carried. (6-0) Respectfulty submitted, The Zoning �oard of Appeals Don Williams Robert Blake � Suzanne Kauss Ron Wilkins � Jim Fouse Annie Cuda �L'zt-�-�--q / / . � L'�c�J�C-t,Lc� Ronald J . WiXkins , Chairman copies: Ma�ror Stanek, Each Alderman, Each Zoning Board of Appeals Member, � Fred J. Meyer, Jack Pepping, Tim McKay, Paul Thompson, Barb Gilpin, Narusis � Narusis, and a�y and all interested parties. No. �� . � . AN ORDINFNCE ANIENDITIG THE ZONING ORDINAr10E � � � � A � � � � . OF THE NOV j 3 �978 i CITY OF I�icHENRY, ILLINOIS � . � e5�-� �� �w���Fr�R� ;� . . ; WHEREAS, an application has been made .�to amend the . Zoniny Ordinance of the City of McH�nry, Illinois, to grant � special use permit pursuant to Article XV thereof to authora.ze the owner of the prer.lises described bel.ow, BARBAR�'� GERASCH, to � conduct a telephone answering service from the home being con- � • structed or to be constructed thereon until �wa (2} years . . . : after her death, or for as long as she occupies said pxemis�s . as her home, whichever circumstance shall be applicable, as . to the follocaing described premises, to-wit: . Lots 4 and 5 of the Orzginal Plat oF McHenry, � . � on the West side of Fox River, being a Subdi- • . vi.sion of part of the Southeast Quartea� o�. • Section 26, Totanship 45 I�Torth, Rangc 8 East of the Third Principal rleridian, according to � the Plat thereof recorded J'uly 6� 1340 �.n . � Book B of Deeds, page 160, in rict�enry County, � Illinois. . � AND, WHEREAS, a public hearing concerning said application was duly �held before the 7,or�ing J3oard of �ppeals � of the City of McHenry, Yllinois, on Septemher 29, :[.9'18; � AND, WHEREAS, the Zoning Board of Appeals has . � recommended to the City Council that a special use permi.t be granted to BARBARA GERASCH as to the subject premises; AND, WHEREAS, the City Council has read ancl considered the "Report and Recommendation of the Zoning Board o:E Appeals to the City Council, City of McHenry, '° a copy of which i.s affixed hereto as Exhibit 1 and made a part hereof; . • AND, WHEREAS, having read and considered said Report and :�ecommendation, the City Council expressly finds, pursuant to Article XV, Section C of the Zoning Ordinance of � , the City of McHenry, Illinois , that: (a) the special use sought by BARBARA GERASCH will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; (b) the location and size of said special use, the nature and intensity of the operation involved in or con- ducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with appropriate and orderly development of the district in which it is to be located; (c) the location, nature and height of buildzngs, walls � and fences, and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, nor impair the value thereof; and � (d) parking areas are, according to said Report and Recommendation, of adequate size for said . particular use, are properly located, and are suitably screened from adjoining residential uses, and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances. AND, WHEREAS, the City Council hereby expressly adopts the "Findings" of the Zoning Board of Appealsr as set forth in said "Report and Recommendation" , and incorporates said Findings into this Ordinance as though fully set forth herein; NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McHenry� in the County of ricHenry and State of Illinois, as follows : SECTION 1: That a special use within the "R-3" SINGLE F�ZILY DISTRICT classification of the City of McHenry Zoning Ordinance, heretofore passed and published by tne City - 2 - . .. .. ; . ' . ... ... ,Council o� the City of McHenry, Illinois, be anc3 is hereby granted so as to permit the use and operation of a telephone � answering service from the home being or to be constructed on the premises legally described above, subject to the' fa�lowing conditions: . (�x) That the special use permit herein authorized ' � shall be valid only �or such tir,�e as th� . , . ' � Petitioner therefor, BARBARA GERASCH, shall � occupy said premises as her home, or, should she die while said premises are so occupi.ed . . as her home, for two (2) years immediately • ' • following her demise; • � - . (b) That parking be provided for frequent . �' : . customers, but t:�at no parking lot be con- ' structed in the front of said premises; and . . that parking spaces for employees o�f the petitioner be provide:d in the zear of said � . premises; � . (c} That the petitioner provide ].andsca�yng suitable to the surrounding area and the . petitioner's busin�ss opera�ions. � �SECTION 2: That grantir,g such special use de- scr�bed in Section 1 hereof is efzected pursuant to proper � . . application having been nac�e therefor �Lo the Zoning Board of • � Appeals of the City of McHenry, Illinozs, and upon proper publication of notice of hearing, and upon public hearing„ and upon receipt of the written affa.rmative recommendation of � the mer:lbers of saa.d Zoning fioard of 11pp�als, all pursuant to � and in compliance with the provisions of the said Zoning Ordinance. ' . SECTION 3: That all ordinances or Yarts thereof � � . _ 3 _ in conflict herewith be, and the same are hcrcby, repe��ed. SECTION 4 : That tnis amendinq Ordinance shaZl be in fu11 forcc� and effect from anG after its passage and approval accc�rding to law. TF-:E PASSAGE OF THIS ORDINAPdCE was moved by . /VOL�ill and seconded by /yf}(lICE�2 � and upon a vote being taken, the �4ayor declared the Motion . passed. � � PAS5ED and APPROVED this 1.3 �day o� ��M��c�2 � � 1978. � � . Voting aye: ( 7 ) �oC�t�.s, S��}oo��r, �ATL, SMiry , NAR.kf,�, NuCAw, Bo��f�P. - Voting nay: ( d ) (�/pN E . � Absent: ( / ) �DAMS. . . � � � ' CITY O�' McHENRY, ILLIl�OIS . By. � ' � �- r.•iaya r � ATTEST: By: . City Clerk - 4 - BUILDING & ZONING COMMITTEE MEETING AGENDA ITEM MODULAR BUILDINGS - INSPECTIONS REQUIRED BACKGROUND INFO Attached is a copy of page 3 of the CABO One and Two Family Dwelling Code which includes Section R-112 - Prefabricated Construction. This section has been deleted from the Code per Council action. At the present time, the City employs a consultant to perform on-site inspections at locations where these modular units are constructed. The consul tant i s hi red by the Ci ty at the sol e expense of the bu i 1 der or owner. I would ask that the Committee review this matter before presentation as a Council agenda item. _ - Administrative showing thc locatio i of all cascmcnts,drainagc facilitics,adjaccnt gradcs,praperty ' lincs,thc proposcd wilding and of cvcry cxisting building on thc property. 'i Section R-111—Inspection � R-111•1—Types of Inspections. For on-sitc construction, from timc to limc ' thc building official, upon notification from thc pcnnit holdcr or his agcnt, shall makc or causc to bc madc any ncccssary inspcctions ;ind shall cilhcr arprovc thal portion of thc construction as complctcd or shall notify thc pcnnit holdcr or his agcnt '' whcrcin thc samc fails to comply with this codc. 4il. R-111.1.1—Foundation Inspection.Commonly madc aftcr polcs or picrs arc `��i sct or trcnchcs or bascmcnt arcas arc cxcavatcd and fonns crcctcd and:iny rcquircd �: ' rcin(orcing stccl is in �lacc and Prior to lhc placing of concrcic. 'I�hc foundation ; inspcction shall indudc cxcavations for lhickcncd slabs intcncicd fvr thc support o( > i;, bcaring walls,partitions,structural supports,orcyuipmcnt and spccial rcyuircmcnls < " for wood foundations. r;:;: R-111•1•2—Plumbing, Mechanical and ElectricaL Rou�h inspcction: � = Commonly madc prior to covcring or conccalmcnt,bcforc fixtures are sct,:uid prior : `y to(raming insjxclion. �,�� ;�J,.., R-111.1.3--Frame and Masonry Inspection. Commonly n,adc aCtcr chc `: roof, masonry,all[raming, firesto in draftsto �in�and bracin �' PP S, PI b �arc in placc and :: �:'i i; aftcr thc plumbing,mcchanical and cicctrical rou�h inspcctions arc approvcd. • `"' ��;;:. R-111.1.4--Lath and/or Wallboard Inspection. Commonly n,adc afccr all ` lathing and/or wallboard intcrior is in placc, but bcforc any plastcr is applicd, or ;< bcforc wallboard joints and fastcncrs arc tapcd and finishcd. .+,;. R-111.1.5—Other Inspections.In addition to thc callcd inspcctions abovc,thc = building deparUncnt may makc or rcquirc any o�hcr inspcctions to asccrtain compli- ancc wilh this codc and othcr laws cnforccd by thc building dcpartmcni. i R-111.1.6—Final Inspection.Commonly n,adc aftcr thc building is complcicd ; T` and ready for occupancy. ,�� � , Section R-112—Prefabricated Construction � A ccrtificatc of approval by an approvcd a�cncy shall bc furnishcd with cvcry '� ti; prcfabricatcd asscmbly,cxccpt whcro all cicmcnts o(thc asscmbly arc rcadily acccs- t;' siblc to inspection at thc site. Placcmcnt of prcfabricatcd asscmblics at thc building •�_' sitc shall bc inspcctcd by thc building official ro dctcrminc compliancc with this k�� ��.. codc,and a final inspcction shall bc providcd in accordancc wi�h Scction R-11 1.1.fi. ��"' .,; <. NOTE: Provisions for foundation systcros and building scrvicc cyuiprncnt con- ' ty' ncctions ncccssary to providc for thc installation of ncw manu(.icturcd homcs on ������t privatcly owncd (nor.rcntal) lots and cxisting manufaclurcd homcs to which addi- �'y�;,;: tions, altcrations or ;cpairs arc rnadc arc containcd in Appaidix C and shall bc :: �-�'.i:'i::'� ��z.�,�..., , enforced only whcn spccifically adoptcd by thcjurisdiction. �'<«;; ��,!:. �S � � Section R-113--Inspection Card �,'; Thc permit holdcr ur his agcnt shall post thc inspcction rccord on thc jobsitc in an j ; accessible and conspicuous place to allow the building official to make the required � `' cntrics.Thc rccord shall bc maintaincd by thc permit holdcr until thc final inspcction � � ',�� has bccn madc and approvcd. , .,�, ��"���`. .�,� ,�yLA, ':. 3 F�'�+i;; I �i � >, , �,. ..,i. . ..,_ , . . . . .. ,. ... ... . . . . ..i. , ..._ ..-. . � , .. 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