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HomeMy WebLinkAboutMinutes - 4/11/2002 - Zoning Board of Appeals A REPORT THE CITY OF MCHENRY ZONING BOARD OF APPEALS APRIL 11,2002 � IN THE MATT:�R OF THE APPLICATION OF ) THE CITY OF 1vICHENRY FOR A TEXT ) Z-547 AMENDMENT, PURSUANT TO THE ZONING ) City of McHenry ORDINANCE()F THE CITY OF ) MCHENRY, N CHENRY COIJNTY, ILLINOIS ) Text Amendment A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday, March 28, 2002 and recessed to April 11, 2002. Chairma.n Semrow called the Public Hearing to order at 7:33 p.m. with the following persons in attendance: l. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Howell, Semrow, Thacker. Absent: Nadeau. 2. City A�;torney: Kelly Cahill. 3. Recording Secretary: Ka.thleen Kunzer. 4. City Planner: Douglas Martin. 5. Applicant: City of McHenry, 333 South Green Street, McHenry IL 60050. 6. Attorney for Petitioners:None. 7. City CounciUStaff:None. 8. Court Reporter:None. 9. Registered Observers/Objectors: None. PUBLICATION `— Notice of this Public Hearing was published in the Northwest Herald on March 11, 2002. A Certificate of Publication is on file in the Office of the City Clerk. SUMMARY The Applicant is requesting various text amendments be considered including: 1] P. 65, Article III, Section A—Establishment of Districts: Add RS 1 a Residential District. 2] P. 66, Article II I, Section E—Regulation of Floodplain Lands: correct reference to City's Municipal Code Chapter 8, Development in Special Flood Hazard Areas; 3] P. 153, Article VI, Group U—Conditional Uses in I-1 Industrial District —the elimination of several offensive uses from the table. 4] P. 168, Article VII, Section 4 — Surfacing of Parking Areas: existing language conflicts with Chapter 21, Article III of the Municipal Code. 5] P. 250-251, Article X, Section 7 — Decks, Patios, and Porches: Clarification is required regarding porches and decks and desirable yazd requirements. 6] P. 254, Article X, Table 19—Permitted Obstructions of Required Yards: A. Garages and carports are currently permitted in all yards; consideration should be given to prohibiting in front yards. B. Decks should be deleted from the Table. C. Lawn Furniture should be deleted from the Table. D. Patios, open- should be deleted;patios should be permitted in court yards. E. Patios, enclosed—should be deleted;patios by defmition are"open". F. Perches/breezeways, open — all yards should be deleted, but rear yard should be � permitted. 7] P. 25.`�, Article X, Table 20 — Standazds for Accessory Structures: maximum number of detacr�ed garages needs to be changed to one. Page 2 Z-547 4/11/02 � 8] Due to the implementation of a combined planning and zoning entity effective April 30, 2002, amend text with regard to the creation of the Planning and Zoning Commission and repealing all references to the Zoning Boazd of Appeals and the City's Plan Commission. TESTIMONY Chairman Semrow swore in the witness for the Petitioner: Dougla�Martin, City Planner, 333 S. Green Street McHenry IL 60050. Planner Martin provided the Board with an overview of the proposed text amendments, noting the Council's Community Development Committee reviewed and discussed language changes as submitted to the Board. Additionally, Council requested the Board consider the creation of a Planning and loning Commission, which would replace the current Zoning Board of Appeals and Plan Comrlission. The Board reviewed each of the proposed text amendments independently: 1] P. 65, �.rticle III, Section A—Establishment of Districts: Add RS 1 a Residential District. [t was the consensus of the Board to amend the te�ct to include RS la as requested. 2] P. 66, Article II I, Section E—Regulation of Floodplain Lands: correct reference to City's Municipal Cade Chapter 8, Development in Special Flood Hazard Areas. It was the consensus of the Board to amend the te� to conform to the Municipal Code's reference to Special Flood Hazard Areas. L. 3] P. 153, Article VI, Group U—Conditional Uses in I-1 Industrial District —the elimination of several offensive uses from the table. After a lengthy discussion, the Board recommended the following uses be eliminated from Group U: Conditional Uses in I-1 Industrial District: 1,2,5,10,11,12,13,14,20,22,28,30,31,32,33,35,36,37,38,39,40. The Board recommended that #27, Rubber, natural or synthetic, manufacture or manufacture of caotchouc or gutta percha, be retained as a conditional use in the industrial district. 4) P. 16$, Article VII, Section 4 — Surfacing of Parking Areas: existing language conflicts with Chapter 21, Article III ofthe Municipal Code. The Board concurred with a text amendment striking language which conflicts with the Municipal Code. The amendment would remove "crushed gravel base" as a permitted parking surface. 5] Decks, Patios, and Porches: Clarification is required regarding porches and decks and desirable yard requirements. A lengthy discussion occurred regarding decks, patios and porches. Planner Martin explained the confusion regarding permitted obstructions in yard requirements and the discrepancy between definitions for decks, porches and patios. Following further discussion, it was the recommendation of the Board tha.t: � a. Pazagraph #7, page 250 should be amended by striking the words "accessory structures rather than as"; b. The first paragraph on page 251 should be stricken in its entirety; � Page 3 Z-54� 4/11/02 � c. Table 19 should be amended by deleting the "X" in Interior Side Yard for garages or carports, greenhouses, sheds and storage buildings; d. Table 19 should be amended by adding an "X" in Rear Yard for Porches/breezeways, open; e. Table 19 should be amended by deleting the "X" in All Yards for garages or carports,porches/breezeways, open; . f. Table 19 should be amended by deleting lawn fiarniture; ;;. Table 19 should be amended by adding an"X" in Court Yard for Patios; li. Table 19 should be amended so that patios are a permitted obstruction but are not differentiated by"enclosed" or"open"; i. The following definitions shall be incorporated into the ordinance: 1. DECK: a platform: a. Open to the sky and attached to the wall of a building with direct access to or from said building, or b. With a roof or open to the sky, serving as a floor located above-grade and not attached to a building. 2. PATIO: An unenclosed, hard-surfaced area at the finished grade and located directly adjacent or attached to a building. 3. PORCH: A platform having a roof that is attached to the wall of a building with direct access to or from said building, but is not enclosed with windows or screens. j. Decks or porches which are enclosed should be considered part of the principal structure and should meet all setback requirements of the ordinance. �. k. Open porches should be permitted to intrude 25% into the required front yard. 1. Open porches or decks should be permitted in reaz and side yards. 6] Garages and carports are currently permitted in all yards; consideration should be given to prohibiting in front yazds. Following discussion, it was the consensus of the Board that detached garages and carports should be pernutted in rear yards only. Additionally, in order to maintain consistency, sheds and greenhouses should be permitted in rear yards only. No more than one detached garage per lot should be permitted. 7J Due to the implementation of a combined planning and zoning entity effective April 30, 2002, amend text with regard to the creation of the Planning and Zoning Commission and repealing all references to the Zoning Board of Appeals and the City's Plan Commission. C;hairman Semrow stated the City is attempting to create a joint Plan Commission and Zoning Board of Appeals. An ordinance has been prepared creating a Planning and Zoning Commission which would become effective at the commencement of the fiscal year, May 1, 2002. The duties of the Planning and 7,oning Commission would be a combination of responsibilities of the two existing commissions Attorney Ca.hill noted the members of the Planning and Zoning Commission would be the current Zoning Board of Appeals. Terms of office would be five � years, with staggered first year terms. Each member of the Board has been sent a letter establishing the term of of�ice including an invitation to sit on the Planning and Zoning Commission. Page 4 Z-547 4/11/02 :'lanner Martin stated meetings would be held on the first and third Thursday of �' ��ach month at 7:30 p.m. ',n response to an inquiry, Attorney Cahill stated the meeting agendas would be ;�eparated indicating a Public Hearing for zoning ma.tters and a Public Meeting for ��lanning matters. In this way it would facilitate focusing on the responsibilities at liand, whether it be zoning or planning. Chairman Semrow said, "there being no further testimony before the Board with regard to this rnatter, the Board will consider the Petition at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to this Petition." DELIBERATION AND RECOMMENDATION Motion by Cad�>tte, seconded by Franzen, to recommend to the City Council tha.t � The Pet itioners' request to amend the text of the City's Zoning Ordinance be granted as follows: 1] P.65,Article III,Section A—Establishment of Districts:Add RS la Residential District. 2] P. 66, Article II I, Section E —Regulation of Floodplain Lands: change to Regulation of Development in Special Flood Hazard Areas. �� 3] P. 153,Article VI,Group U�onditional Uses in I-1 Industrial District—eliminate the following uses from the table: 1,2,5,10,11,12,13,14,20,22,28,30,31,32,33,35,36,37,38,39,40. 4] P. 168,Article VII, Section 4—Surfacing of Parking Areas: remove"crushed gravel base" as a permitted parking si�rface. 5] Decks,Patios,and Porches: Paragraph#7,page 250 should be amended by striking the words"accessory structures rather than as"; 'Ilie first paragraph on page 251 should be stricken in its entirety; Table 19 should be amended by deleting the"X"in Int�ior Side Yard for gazages or carports,geenhouses, sheds and storage buildings; Table 19 should be amended by adding an"X"in Rear Yazd for Porches/breezeways,open; Table 19 should be amended by deleting the"X"in All Yazds for garages or carports,porches/breezeways, open; Table 19 should be amended by deleting lawn furniture; Table 19 should be amended by adding an"X"in Court Yard for Patios; Table 19 should be amended so that patios are a permitted obstructian but are not differentiated by "enclosed'or"open"; The follo�ving definitions shall be incorporated into the ordinance: I>ECK:a platform: a. Open to the sky and attached to the wall of a building with d'uect access to or from said building,ar �. With a roof or open to the sky, serving as a floor located above-grade and not attached to a building. F ATIO:An unenclosed,hazd-surfac�area at the finished grade and located directly adjacent or a altached to a building. FORCH:A platform having a roof that is attached to the wall of a building with direct access to or L. fi•om said building,but is not enclosed with windows or screens. Decks or :�orches which are enclosed should be considered part of the principal structure and should meet all setbacl�.requirements of the ardinance. Page 5 Z-547 4/11/02 Open porches should be permitted to intrude 25%into the required front yard. `- Open porches or decks should be permitted in rear and side yards. 6] Detached garages and carparts,sheds,and grcenhouses should be peimitted in reaz yards only. 7] No more than one detached garage p�lot should be permitted. Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Semrow, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. Motion by Cadc►tte, seconded by Thacker to recommend to the City Council that A Planning and Zoning Commission be created replacing the existing Zoning Board of Appeals and Plan Commission; that it be comprised of seven members having five-year staggered terms; with duties and responsibilities as set forth in the Zoning Ordina.nce and Subdvisaon Contml Ordinance. Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Semrow, Thacker. Voting Nay: None. Not Voting: None. �. Abstaining: None. Absent: Nadeau. Motion carried 6-0. ADJOURNMENT Motion by Cadotte, seconded by Franzen, to adjourn at 9:16 p.m, Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Semrow, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried f►-0. Respectfully sub ' ted, Harry Se ow, Chairman Zoning Board of Appeals C: Mayor, .�ldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Peti-:ioners, Plan Commission (9), Landmazk Commission Chairman, Chicago Tribune,Northv��est Herald, Aldermen Conference Room, File Copy. Z-547 �..