HomeMy WebLinkAboutMinutes - 10/18/2001 - Zoning Board of Appeals (2) A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
� OCTOBER 18,2001
IN THE MAT7'ER OF THE APPLICATION OF )
KIM POPOVICH, DONAL MUSIELAK AND ) Z-535
PATRICIA MiJSIELAK FOR A ZONING AMEND- ) Popovich&Musielak
MENT, COND[TIONAL USE PERMIT AND ) Reclassification/Conditional Use/Variances
VARIANCES ]'USRUANT TO THE ZONING )
ORDINANCE OF THE CITY OF MCHENRY ) 1309 N Richmond Rd
MCHENRY, 1V'CHENRY COUNTY, ILLINOIS )
A Public Heazing before the City of McHenry Zoning Board of Appeals was held on Thursday,
October 1 l, 2�)O1 and recessed to todays date. Chairman Semrow called the Public Hearing to
order at 8:02 ��.m with the following persons in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Howell, Semrow,
Thacke r. Absent: Lovett.
2. City Ai:torney: Kelly Cahill.
3. Recording Secretary: Absent.
4. City Planner: Douglas Martin.
5. Director of Community Development: Joseph Napolitano.
6. Applicants: Kimberly Popovich, 4005 Boone Creek Circle, McHenry IL 60050; Donald
and Patricia Musielak, 2816 Maryville Drive, McHenry IL 60050.
7. Attorney for Petitioners: Curt P. Rehberg, 64 East Crystal Lake Avenue, Crystal Lake, IL
60014.
�. 8. City CounciUStaff: Aldermen Bolger, Murgatroyd, Low.
9. Court Reporter: None.
10. Registered Observers/Objectors:
Maria Smith, 1307 N. Richmond Road, McHenry IL 60050
Pamela C7ough, 3615 Freund Avenue, McHenry IL 60050
Dave Henderson, 1311 N. Richmond Road, McHenry IL 60050
Joyce Dia�on, 3710 Freund Avenue. McHenry IL 60050
Gary Gough, 3615 Freund Avenue, McHenry IL 60050.
PUBLICATIQN
Notice of this I'ublic Hearing was published in the Northwest Herald on September 24, 2001. A
Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed
to all property ovcmers of record whose property abuts the subject property. An affidavit of
compliance with all notification requirements is on file in the Office of the City Clerk.
LOCATION
The subject property is located at 1309 North Richmond Road.
SUMMARY
The Petitioners are requesting the following:
1. reclassification of the subject property from O-1 Local Office to RM-2 High Density
Multi-Family Residential ;
� 2. conciitional use permit to allow 2,950 square feet for each two-bedroom dwelling
unit:
3. vazi��nce of north side yard setback from 15' to 10';
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10/18/Ol
�- 4. parking variance from 23.33 spaces to 23 spaces.
TESTIMONY
Chairman Se�r�row swore in the following witnesses for the Petitioners:
■ Thomas Pc�povich, 4005 Boone Creek Circle, McHenry IL 60050;
■ Christopher Schmitt, Condon Consulting Engineers, 5404 West Eim Street, McHenry IL
60050.
Attorney Rehberg provided the Board with an overview of the Petitioners request. He noted the
Petitioners are seeking relief from the zoning ordinance to permit the construction of 10
apartment units on the subject properiy located at 1309 North Richmond Road. The subject
property in 1994 was reclassified to O-1 Local Office but was never developed as an office
district.
Petitioner Pop��vich concurred with the written teart of the Petition. He noted he and his wife are
contract purchasers of the property located at 1309 North Richmond Road from the current
property owners Donald and Patricia Musielak. Mr. Popovich afFirmed the Approval Criteria for
Map Amendments, Conditional Uses and Variances as stated within the Petition.
QUESTIONS BY MEMBERS OF THE BOARD
T'hacker inquired what sized units the Petitioners are intending to construct on the premises. Mr.
Popovich stated pursuant to Staff recommendation, they are proposing eight two-bedroom units
� and two one-bedroom dwelling units. Thacker inquired if the property would be accessed solely
from Freund Avenue. Mr. Popovich noted there was correspondence in the subject property
address file which addressed property access directly onto Route 31. He stated the Petitioners
will pursue tha:t option as recommended by Staff.
Chairman Semrow pointed out the previous petitioner for the subject property, when it was
reclassified to O-1, sought ingress/egress from Freund Avenue. The City denied the request for
direct access onto Freund Avenue. In response to Semrow's inquiry, Mr. Popovich stated the lot
is approximately 66 feet wide. In response to further inquiry, Mr. Popovich noted all large trees
currently located in the middle of the property would be removed and replaced by new trees on
the entire peruneter of the property. Older trees would be replaced with less mature younger
trees. Cha.irman Semrow stated the proposed use does not appear to be in conformance with the
City's Comprehensive Plan.
Fra.nzen inquired if the Petitioners would be willing to seek Illinois Department of
Transportation (IDOT) permission for a right-in right-out access point onto Route 31. Mr.
Popovich stated the Petitioners would be willing to seek access onto Route 31, as recommended
by Staff. Franzen asked if the on-site retention would be a wet pond. Mr. Schmitt noted it would
be a dry basin which would drain to the west, with a restrictor and catch basin installed. In
response to further inquiry, Mr. Schmitt stated the trash enclosure would be located on the far
west end of the parking lot. Mr. Schmitt noted the retaining wall is necessary to provide storm
water retention for the site. Additional screening could be provided as recommended by Staff.
However, elimination of the retaining wall is not feasible due to the site conditions.
�
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10/18/Ol
� Cadotte disagreed with Staf�s recommendation for right-in right-out access onto Route 31.
Director Napolitano stated the Route 31 access would provide some relief for the abutting
residents on Freund Avenue. Attorney Rehberg noted it is not a matter of either/or for access to
the property; both access points would be utilized. Chairman Semrow expressed concern
regarding potential cut-through traffic: right-in to the subject properly; left out at Freund
Avenue; right on Route 120. He noted motorists would use this as a shortcut to avoid the traffic
signal at Richmond and Elm Streets. A lengthy discussion occurred regarding the right-in right-
out at Route 3 l.
QUESTIONS BY OBSERVERS/OB JECTORS
Pamela Goue}�, 3615 Freund Avenue• Ms. Gough inquired what would be done with snow
removed from the pazking lot. Mr. Schmitt responded snow could be moved to the retention
basin. Noting the sever slope of the terrain, Ms. Gough inquired about potential flooding due to
the increased parking lot and roof top on the site. In response to Ms. Gough's inquiry, Mr.
Schmitt stated the mature trees on the west end of the property would be replaced with smaller
trees. Ms. Gough expressed concern regarding headlights shining into her home which is situated
directly across Freund Avenue from the subject property's driveway. Ms. Gough also expressed
concerns regarding vehicles during winter weather sliding down the drive into her front yard.
Mazia Smith, 1307 N. Richmond Road: Ms. Smith inquired where the snow would be stored
from the front portion of the parking lot. Mr. Schmitt stated all snow removal would be place in
the retention basin.
`" Thacker inquired as to the maximum width of the proposed building. Mr. Schmitt stated the
building width is 24'. An 11' sideyard setback is shown on the site plan, which requires a
variance from the required 15' setback.
Maria Smith, 1307 N. Richmond Road: Ms. Smith inquired is the building setback from the
south property line. Mr. Schmitt responded 11'.
Dave Henderson, 1311 N. Richmond Road• Mr. Henderson expressed concerns regarding
screening the proposed apartment building from his adjacent single-family home to the north of
the subject property. Mr. Schmitt stated landscaping and trees would be used to screen the
property from adjacent neighbors. If the neighbors requested a berm be installed, the Petitioners
would comply with the request. Discussion occurred regarding berm heights and landscaping
methods.
Jovice Dixon, 3710 Freund Avenue: Ms. Dixon expressed concern regarding safety of children
and inquired how the Petitioners could assure neighborhood safety, especially with regard to
traffic speed and increased vehiculaz traffic.
GarX Gou�h,_3615 Freund Avenue: Mr. Gough, noting the narrow width of Freund Avenue,
inquired how this street would handle increased vehicular traffic. Mr. Schmitt noted the street
conforms to regular subdivision street standards.
�' Chairman Semrow noted the proposed location of trash receptacle, 154' from the nearest
apartment would present a hardship to the tenants.
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10/18/O1
�. Kathy Reese, 3303 W. Bull Valley Road• Ms. Reese inquired as to size of the lot in question. NIr.
Rehberg responded the lot dimensions are 66' (east), 467.60' (north), 77.53' (west), 427' (south).
Ms. Reese inquired as to the projected number of persons who will reside in the complex. She
noted the size of the apartments would be e�rtremely small. Mr. Schmitt responded the unit size
will meet City code minimums. Chairman Semrow noted the density will not exceed ordinance
maximums. N�� variance is being sought with regard to the density of the project. In response to
Ms. Reese's question, the complex will have two stories, with a third tier on the western-most
end of the structure due to the change in topography.
Dave Henderson, 1311 North Richmond Road• In response to Mr. Henderson's inquiry,
Chairman Sen�row stated the Petitioner will comply with maximum density permitted by
ordinance.
Maria Srnith, 1307 North Richmond Road: Ms. Smith inquired if a utility easement would be
required for thc: installation of utilities on the site. Mr. Schmitt responded an easement would not
be required if the utilities are installed on private property. In response to an inquiry, Ms. Smith,
property owner of the apartment complex immediately south of the subject property, stated her
complex has eight two-bedroom units. She noted her units have access to/from Route 31 only.
Ms. Smith opined a total of 23 parking spaces is inadequate for this site.
Howell inquired as to the number of single-family residences in the block on Freund Avenue
adjacent to the proposed apartment complex. It was noted there are three houses in this area.
� STATEMENTS BY OBSERVERS/OBJECTORS
Swearing in of Observers/Objectors by Chairman Semrow:
1. Pamela Gough, 3615 Freund Avenue, McHenry IL 60050
2. Dave Henderson, 1311 North Richmond Road, McHenry IL 60050
3. Mazia Smith, 1307 North Richmond Road, McHenry IL 60050.
Pamela Gou�h: Ms. Gough noted she appeared before the Board within the past six months to
seek reclassification of a parcel of land adjacent to her home, in an effort to preserve the
character of the neighborhood. She noted she argued the reclassification request in 1994. Once
again, she is opposed to this project, noting there is akeady a drainage problem in this area. The
storm water system cannot currently handle rain water. Tr�c impact will be horrendous. This
will make a bad situation worse. Noting the near location of the Fire Department Station,
personnel respc�nders will be impacted by the additional traffic caused by the apartment complex.
Cut through traffic will also impact the area. This is already a dangerous situa.tion. The mature
80' sugar maples and black walnuts on the property should be preserved as per the Tree
Preservation Ordinance. Keep in mind the neighborhood will be severely negatively impacted if
this development is permitted to be constructed.
Dave Henderson: Mr. Henderson, reminding the Board he lives immediately north of the
proposed apartment building, stated he has four concerns regarding this project:
1. Impact of adding ten apartments in the area. By adding 24 people next door, he is concerned
about potential "bad neighbor"habits such as littering, trash issues, etc.
�'' 2. Safety. Tra�'ic impact on Richmond Road is ludicrous. Adding 20-30 more vehicles to an
akeady difficult situation is certainly not desirable.
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3. Impact on adjacent properties on Richmond Road. One of the few assets left in the City are
the historical older homes along Richmond Road. The proposed project will have a domino
effect reducing the historical building to converted apartment buildings in years to come.
These structures should be preserved. Adding an apartment building in this area will not to
the integrity of this neighborhood.
4. Variance requests. The ordinance requirements are minimums. Granting variances to the
minimum bulk requirements is not desirable. Taking the minimum standards and reducing
them for this project is not appropriate. My quality of life will suffer if this project is
pernutted.
Maria Smith: Ms. Smith stated her opposition to the project, noting she owns the eight-flat
adjacent to the subject property. She has sought police assistance on numerous occasions and
fears the impact of additional apartments in the area. Ms. Smith stated she feels discriminated
against. She stated she did not receive notification of this Public Hearing. [Receipt on file
attempt was made to deliver certified mailing. Chairman Semrow noted the notification
requirements have been followed.]
Mr. David Henderson presented to Chairman Semrow who read into the record the following
letter from Carol Cooney:
"October 16, 2001
�
McHenry Zoning Board of Appeals
McHenry IL 60050
Dear McHenry Zoning Board Members:
I am coming before you in letter form as I will be out of state when this meeting is held on the
18�' of October. I have lived at 1313 Richmond Road since 1958, and am very concerned about
the possible change in zoning at 1309 Richmond Road. Several years ago, before the property at
1309 Richmond Road was sold, my late husband, Lee Cooney, worked very hard with the
Zoning Board and the City to change the zoning from multi-family to office zoning, to protect
the homes and adjacent properties in our neighborhood.
When the apartment building at 1307 Richmond Road was built more than 20 years ago, the
apartments were rented to retired people, and for many yeazs, remained that way. It was a quiet
building and a good neighborhood. This building now has changed ownership, and also the
occupancy of the building is much greater. Many more people, possibly more than there should
be in some of the apartments. Cars, loud music, both coming from the apartments and the
parking lot, urinating in the neighbors yards, liquor containers tossed in the yard, and some
physical abuse. This concerns me very much, not only for my safety, but for my property if this
was to happen.
I am asking you not to change the present zoning, to put another apartment building on
�" Richmond Road tha.t will cause more problems and congestion, in an already congested area.
Thank you for}�our consideration in this matter.
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10/18/O1
�. Sincerely,
Carol Cooney'�
CLOSING S'I'ATEMENT BY PETITIONERS
Attorney Rehberg stated he would attempt to address the concerns of the abutting neighbors of
the proposed project. He noted the Petitioners have gone to great lengths to assure a concept plan
acceptable to the City. The concept plan includes considerations for drainage, parking, traffic and
impact on the surrounding neighborhood. The current zoning is O-1 Local Office, which, if
utilized pursuant to this zoning, would impact the neighborhood in much the same way as the
proposed multi-family zoning. The requested zoning is less intense than office use. The
Petitioners are willing to seek access onto Route 31 to lessen the tra�ic impact on the area.
Storm water drainage will be addressed as engineering is completed for the site. Referencing the
variance as to side yard setback, Mr. Rehberg noted the 10' setback being requested is minimal.
A variance as to the minimum azea required per dwelling unit is no longer necessary, as the
Petitioners have agreed to erect eight two-bedroom units and two one-bedroom units.
Additionally, a parking variance is no longer required.
Of the four requested actions before the Board, the Petitioners are attempting to make the project
acceptable to the City. T'his property could be utilized for any of a number of potential uses as
permitted in the Office District as the property is currently zoned O-1.
Chairman Semrow stated, "there being no further testimony before the Board with regard to this
� Petition 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 matter".
DELIBERATION AND RECOMMENDATION
Chairman Semrow noted there aze three issues before the Boazd for consideration at this time:
l. Reclassification from O-1 to RM-2;
2. Conditional Use Permit to allow a reduced lot area per dwelling unit;
3. Variance as to the Sideyard Setback to permit a 10' setback.
Howell expressed concerns regazding the Petitioners request, as the lot is very small. A high
density is proposed. He stated his concerns have not been resolved to his satisfaction.
Motion by Cadotte, seconded by Franzen, to recommend to the City Council tha.t
the Petitioner's request for a sideyard setback variance to allow a 10' sideyard setback be
granted, and that Table 32, Approval Criteria for Variances, Pages 377-378 of the Zoning
Ordinance, has been met.
Voting Aye: Cadotte
Voting Nay: Lkstrom, Franzen, Howell, Semrow, Thacker.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
�
Motion failed 1-5.
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10/18/O1
�.- Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that
The Petitioners request for reclassification of the subject property from O-1 Local Office
to RM-2 Higrt Density Multi-Family Residential District be granted; that a conditional use
permit to allow a minimum lot area of 2,950 square feet per dwelling unit instead of the required
3,111 square ieet per dwelling unit be granted; tha.t Table 33, the Approval Criteria for Map
Amendments, Page 401 of the Zoning Ordinance, has been met; and that Table 31, the Approval
Criteria for Conditional Uses, Pages 357-358 of the Zoning Ordinance, has been met .
Voting Aye: None.
Voting Nay: Cadotte,Ekstrom, Franzen, Howell, Semrow, Thacker.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Motion failed U-6.
ADJOURNMENT
Noting there was no further business before the Board with regard to this matter, Chairman
Semrow adjourned the Public Hearing at 10:40 p.m.
Res ectfully submi d,
�
Harry S ow, Chauman
Zoning Board of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Objectors (5), Plan Commission (7), Landmark Commission Chairman
Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.
Z-535
�..
A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
OCTOBER 18,2001
�
IN THE MATTI:R OF THE APPLICATION OF )
NANCI NETT-O'HALLERAN FOR A ZONING ) Z-536
MAP AMENDI�IENT PURSUANT TO THE ) Nett-O'Halleran
ZONING ORDIVANE OF THE CITY OF ) Reclassification
MCHENRY, Mt�HENRY COUNTY, ILLINOIS ) 412 N Front St
A Public Hearing before the City of McHenry Zoning Boazd of Appeals was held on Thursday,
October 11, 2001 and recessed to todays date. Chairman Semrow called the Public Hearing to
order at 7:35 p.m. with the following persons in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Howell, Semrow,
Thacker. Absent: Lovett. �
2. City Ab:orney: Kelly Cahill.
3. Recording Secretary: Absent.
4. City Planner: Douglas Martin.
5. Director of Community Development: Joseph Napolitano.
6. Applicant: Nanci Nett-O'Halleran, 6105 White Oak Drive, McHenry IL 60050.
7 Attorney for Applicant: Mary Nader, Waggoner and Waggoner, 4 N. Walkup Avenue,
Crystal Lake, IL 60014.
8. City CounciUStaff: Alderman Bolger, Alderman Murgatroyd, Alderman Low.
9. Court Reporter: None.
10. Registered Observers/Objectors: None.
�
PUBLICATION
Notice of this Public Heazing was published in the Northwest Herald on September 12, 2001. A
Certificate of Publication is on file in the Office of the City Clerk. Notices were mailed to all
abutting property owners. An affidavit of compliance with notice requirements is on file in the
Office of the City Clerk.
LOCATION
The subject property is located at 412 North Front Street and is currently zoned RS-3,
unoccupied residential.
SUMMARY
The Petitioner is seeking resubdivision of the single pazcel into three lots:
■ Lot 3 would have Route 31 frontage—C-5 Highway Commercial Zoning;
■ Lots 1 and 2 would remain RS-3 residential.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
■ Nanci Nett-O'Halleran, 6105 White Oak Drive, McHenry, Illinois 60050.
Attorney Nett stated the Petitioner is proposing to resubdivide a 1.9-acre parcel located at 412
North Frorrt Street, commonly known as Veronica Estates. The pazcel has Route 31 frontage but
L. extends through to frontage on Dale Avenue. The Petitioner is proposing a three-lot subdivision.
The two eastet-n lots would remain residential with current RS-3 zoning. The Petitioner is
Page 2
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10/18/Ol
�. requesting the western lot be reclassified to O-2. Attorney Nader noted the Petition was
originally filed requesting C-5 Highway Commercial. However, Staff recommended denial of
the CS request. The Petitioner is therefore amending the Petition on its face to request O-2
zoning for Lot 3. Attorney Nader noted the property to the immediate south was resubdivided
and zoned simi larly.
Applicant Nett-O"Halleran testified as to the Approval Criteria for Map Amendments as stated
in the text of the Petition.
QUESTIONS BY MEMBERS OF THE BOARD
There were no questions by the Boazd.
Chairman Semrow stated, "there being no further testimony before the Zoning Board of Appeals
with regard to this Petition, the Chair will entertain a motion with rega,rd to the Petition, unless
there is a motion to recess by a Member of the Board."
DELIBERTATION AND RECOMMENDATION
Motion by Ekstrom, seconded by Franzen,to recommend to the City Council that
The Petitioners request to reclassify Lot 3 of Veronica Estates to O-2 Office Park and
maintain RS-3 Residential Zoning on Lots 1 and 2 of Veronica Estates; and that Table 33, the
Approval Criteria for Map Amendments, page 401, ofthe Zoning Ordinance has been met.
�
Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-0.
ADJOURNMF.NT
There being no further business before the Boazd with regard to this matter, this Hearing was
adjourned at 7:45 p.m.
ctfully sub 'tted,
Harry S ow, Chairman
Zoning Board of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Plan Commission (7), Landmark Commission Chairman Chicago
Tribune, Northwest Herald, Aldermen Conference Room, File Copy. Z-536
�