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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'; Page 2 Z-535 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. � Page 3 Z-535 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. Page 4 Z-535 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. Page 5 Z-535 10/18/O1 � 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. Page 6 Z-535 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. Page 7 Z-535 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 Z-536 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 �