HomeMy WebLinkAboutPacket - 7/27/1992 - Building and Zoning Committee City of McHenr
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333 South Greer Street ��� ��'�"''
�, McHenry, Illinois 60050-5642
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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
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333 South Green Street �:��• ���
McHenry, Illinois 60050-5642
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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
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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
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' • 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
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PS�arm $#3.�1;M . 1988 * IJ.S.QP.O. 1 B�B.r 212r 865 DOMESTIC RETURN RECEIPT
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CITY OF McHENRY
. CITIZEN REQUEST & COMPLAINT
DEPT. -►-Z DAT TIM 3�/
LOCATION /.�
COMPLAINT �LU �S �- c Q�J
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,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:
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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-
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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-
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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-
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. 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,���� �
, .. • . . � , '
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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. , .,�, ��"���`.
.�,�
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