HomeMy WebLinkAboutMinutes - 8/30/2001 - Zoning Board of Appeals A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
AUGUST 30,2001
�' IN THE MATTER OF T'HE APPLICATION OF )
GERSTAD BUILDERS INC ) Z-532
FOR A VARIANCE, PURSUANT TO THE ) Gerstad Builders
ZONING ORDINANCE OF THE CITY OF ) Variance
MCHENRY,MCHENRY COiJNTY,ILLINOIS ) 5816 Landcaster Circle
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday,
August 30, 2001. Chairman Semrow called the Public Hearing to order at 7:58 p.m. with the
following persons in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Semrow, Thacker..
Absent Howell,Lovett.
2. City Attorney: Kelly Cahill.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner:None.
5. Director of Community Development: Joseph Napolitano.
6. Applicants: Gerstad Builders represented by Roger Gerstad, 4310-G Crystal Lake Road,
McHenry, IL 60050.
7. City CounciUSta.ff:None.
8. Court Reporter:None.
9. Registered Observers/Objectors:None.
t-- PUBLICATION
Notice of this Public Hearing was published in the Northwest Herald on August 13, 2001. A
Certificate of Publication is on file in the Office of the City Clerk with regard to this matter. An
affidavit of compliance with notice requirements is on file in the Office of the City Clerk.
LOCATION
The subject property is located at 5816 Landcaster Circle, McHenry and is currently improved
with a single-family residence.
SUMMARY
The Petitioner is requesting the subject property be granted a variance to allow a frontyard
setback encroachment of approximately 3.35 feet.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
1. Roger Gerstad,4310-G Crystal Lake Road,McHenry IL 60050.
Mr. Gerstad stated when the footings were set and the foundation poured for the residence
located at 5816 Landcaster Circle, the work was done parallel to the straight road. Because the
lot is partially on a bubble cul-de-sac, which is not a straight line, a true 30-foot frontyard
setba.ck was not found when doing the spot survey prior to sale of the property. For this reason
the builder is seeking a variance for this property.
�
Page 2
Z-532
8/30/Ol
� Discussion occurred as to responsibility and culpability for the error in measurement. Mr.
Gerstad noted, since the inception of Gerstad Builders in 1984, this is first time a variance has
been sought for such a variance.
CLOSING STATEMENT BY PETITIONER
Mr. Gerstad rec�uested the Board recommend to the City Council that the variance of 3.35 feet be
granted.
Chairman Semrow said, "there being no further testimony before the Board with regard to this
matter, the Bo��rd 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 Cadotte, seconded by Franzen, to recommend to the City Council that
T'he Petitioners' request to permit vaziance to allow a 3.35 foot encroachment on the
frontyard setback for the subject property be granted; and that Table 32, the Approval
Criteria for Variances, pages 377-378 of the City of McHenry Zoning Ordinance has
been met.
Voting Aye: Cadotte,Ekstrom, Franzen, Semrow,Thacker.
Voting Nay: None.
'`-� Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
ADJOURNMENT
Chairman Sen�row, noting there was no other testimony before the Board with regard to this
matter, adjourned the Public Hearing at 8:11 p.m
Re ctfully sub �tted,
� �11
�
.. , � �
Harry Se w, 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-532
`..
A REPORT
THE CITY OF MCHENRY
ZONIlVG BOARD OF APPEALS
AUGUST 30,2001
�
IN THE MATTER OF'TI-�APPLICATION OF )
GERSTAD Bi;ILDERS INC ) Z-533
FOR A VARIANCE, PURSUANT TO THE ) Gerstad Builders
ZOI�TING ORDINANCE OF THE CITY OF ) Variance
MCHENRY, l�iCHENRY COLJNTY, ILLINOIS ) 5805 Landcaster Circle
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday,
August 30, 20O1. Chairman Semrow called the Public Hearing to order at 7:58 p.m. with the
following persc�ns in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Semrow, Tha.cker..
Absent: Howell, Lovett.
2. City Attorney: Kelly Cahill.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner:None.
5. Director of Community Development: Joseph Napolitano.
6. Applicants: Gerstad Builders represented by Roger Gerstad, 4310-G Crystal Lake Road,
McHenry, IL 60050.
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 August 13, 2001. A
Certificate of Publication is on file in the Office of the City Clerk with regard to this matter. An
affidavit of compliance with notice requirements is on file in the Office of the City Clerk.
LOCATION
The subject property is located at 5805 Landcaster Circle, McHenry and is currently improved
with a single-family residence.
SUMMARY
The Petitioner is requesting the subject property be granted a variance to allow a frontyard
setback encroachment of approximately 3.3 feet.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
1. Roger Gerstad,4310-G Crystal Lake Road, McHenry IL 60050.
Mr. Gerstad stated when the footings were set and the foundation poured for the residence
located at 5805 Landcaster Circle, the work was done parallel to the straight road. Because the
lot is partiallv on a bubble cul-de-sac, which is not a straight line, a true 30-foot frontyard
setback was not found when doing the spot survey prior to sale of the property. For this reason
the builder is :;eeking a variance for this property.
�
Page 2
Z-532
8/30/O1
� Discussion occurred as to responsibility and culpability for the error in measurement. Mr.
Gerstad noted, since the inception of Gerstad Builders in 1984, this is first time a variance has
been sought for such a variance.
CLOSING STATEMENT BY PETITIONER
Mr. Gerstad requested the Boazd recommend to the City Council that the variance of 3.3 feet be
granted.
Chairman Semrow said, "there being no further testimony before the Board with regard to this
matter, 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
regazd to this Petition."
DELIBERATION AND RECOMMENDATION
Motion by Cadotte, seconded by Franzen, to recommend to the City Council that
The Petitioners' request to permit variance to allow a 3.3 foot encroachment on the
frontyard setback for the subject property be granted; and that Table 32, the Approval
Criteria for Vaziances, pages 377-378 of the City of McHenry Zoning Ordinance has
been met.
Voting Aye: Cadotte,Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
`' Not Voting: None.
Abstaining: None.
Absent: Howell,Lovett.
Motion carried 5-0.
ADJOURNMENT
Chairman Semrow, noting there was no other testimony before the Boazd with regard to this
matter, adjourned the Public Hearing at 8:11 p.m.
ectfully submi�ed,
� , �"'��
���i��
Harry Se , 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-533
�
A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
AUGUST 30,2001
�
IN THE MATTER OF THE APPLICATION OF )
RST DEVELOPMENT FOR A CONDITIONAL ) Z-519
USE AND USL VARIANCES, PURSUANT TO ) RST Development
THE ZONIlVG ORDINANCE OF THE CITY OF ) Conditional UselUseVariance
MCHENRY, l�1CHENRY COIJNTY, ILLINOIS ) Route 31/Shamrock Lane
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday,
August 30, 20�)1. Chairman Semrow called the Public Hearing to order at 8:18 p.m. with the
following persans in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Semrow, Thacker..
Absent: Howell, Lovett.
2. City Aitorney: Kelly Cahill.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: None.
5. Director of Community Development: Joseph Napolitano.
6. Applicants: RST Development, represented by Steve Regopolous, 5016 Essington Lane,
Barrington Il 60010; Attorney Michael Ek, 896 N. Quentin Road, Palatine, IL 60067;
Engineer Kevin Harder, Smith Engineering, 4500 Prime Parkway, McHenry, IL 60050.
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 August 8, 2001. A
Certificate of Publication is on file in the Office of the City Clerk with regazd to this matter.
Notices were mailed to all abutting tax payers of record. An affidavit of compliance with notice
requirements is on file in the Office of the City Clerk.
LOCATION
The subject property is located at the southwest corner of the intersection of Shamrock Lane and
Route 31, is comprised of 3.5 acres, and is vacant.
SUMMARY
The Petitioner is in the process of re-subdividing the subject property to reconfigure the existing
three lots. The property is currently zoned O-1 Local Office District. The Petitioner is seeking
the following zoning action:
1. conditional use permit to a11ow a financial institution with a drive-through facility on Lot 2;
2. use variance to permit specified retaiUcommercial uses on Lot 3.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioner:
1. Developer Steve Regopolous, RST Development, 5016 Essington Lane, Barrington I160010;
2. Attorney Michael Ek, 896 N. Quentin Road,Palatine, IL 60067;
�'' 3. Engineer Kevin Harder, Smith Engineering, 4500 Prime Parkway,M�Henry, IL 60050.
Page 2
Z-519
8/30/O1
�-- Mr. Ek stated the Petitioners are in the process of reconfiguring the existing three lots in the new
Liberty Square Subdivision. Liberty Square is zoned O-1 Local Office. The proposed use of the
subdivision is�is follows:
Lot 1 21,000 square foot office building
Lot 2 3,900 square foot drive through banking facility
Lot 3 9,600 square foot office/retail building.
Mr. Ek noted the Petitioners aze requesting a conditional use permit to allow the financial
institution with a drive-through facility on Lot 2. Amcore Bank is prepared to lease this facility.
The Petitioners are also seeking a use variance to permit a specified list of commerciaUretail uses
on Lot 3 in the 9,600 square foot building. The building on Lot 3 would provide space for up to
seven retail units.
QUESTIONS BY MEMBERS OF THE BOARD
Chairman Semrow opined the use variance should be restricted to a very limited number of
potential uses. The proposed specified list is far too bmad.
Franzen stated the proposed use for the entire Liberty Square Subdivision appears too intense for
the size of the subdivision. In his opinion, it would be a very "busy", cluttered site. He inquired
as to the traffic pattern on Lot 2. Mr. Regopolous responded it would progress counter-clockwise
around the building. In response to further inquiry, Mr. Harder stated there would be a berm on
the east side of'Lot 2, the bank site. Franzen stated the proposed subdivision monument sign
� should be relocated further south, away from the intersection where it could cause sight
impairment. Franzen expressed concern regarding aesthetic issues as the rear of the retaiUo�ice
building faces Route 31. He also suggested the Petitioners consider erecting a three-story
building on Lot 1 as opposed to the pmposed one-story 21,000 square foot building.
Franzen noted there aze currently many vacant store fronts in the City, and he opined the new
buildings could cause more vacancies as existing businesses more to this site. Mr. Regopolous
responded the proposed occupants of Liberty Square aze as of this time from out of town and are
not relocating from sites within the City. In response to Board inquiry, Mr. Regopolous stated the
proposed time line for the project is groundbreaking this fall, with completion by next summer.
In response to Board inquiry, Mr. Harder stated the property will drain to the Irish Prairie
Detention facility. However, subsequent to receipt of StafPs engineering comments, a study will
determine if sizing is adequate. If detention needs will not be met, it is possible the Petitioners
would be required to downsize the 21,000 square foot office building. Mr. Harder noted the
draina.ge issues will be resolved prior to presentation of this project before the City Council. Mr.
Ek noted the Plan Commission at its meeting on August 15, 2001 recommended all drainage
concerns be addressed prior to plat approval by Council.
In response to Chairman Semrow's inquiry, Mr. Regopolous stated there would be seven
potential retaiUoffice units in the building located on Lot 3. The size of this building is 9,600
square feet. Chairman Semrow went over the Approval Criteria for a Use Variance and noted it
� is the responsibility of the Petitioners to prove all criteria have been met, particularly in light of
the rnultitude oi'uses being requested on the property. Mr. Ek went over the Approval Criteria
Page 3
Z-519
8/30/O 1
�, for Use Variances.
Mr. Ek noted the subject property was originally subdivided with three long narrow lots — one
adjacent to Route 31, and two internal lots with frontage on Shamrock Lane. The Petitioners paid
a premium for the lot abutting Route 31. The cost to reconfigure the lots requires retail use on
Lot 3 in order to recoup the initial investment.
Mr. Regopolous explained the three long, narrow lots have been configured into a mini town
square motif. The Amcore Bank to be located on Lot 2 will be the central focal point. In order to
achieve this motif, three buildings aze required: the bank, the professional office building and the
combined officelretail building.
Ekstrom inquired as to the types of potential businesses for the office/retail site on the project.
Mr. Regopolous responded a sandwich-type franchise, a dry cleaning pick-up drop-off business,
and another restaurant have contacted the Petitioners regarding leasing space on the premises. A
lengthy discussion occurred regazding potential uses to be permitted under a use variance for Lot
3.
STATEMENTS BY OBSERVERS/OBJECTORS
Chairman Semrow swore in the following objectors prior to their statements being made:
Hank Flemin�, 4123 Shamrock Lane (Flemin� and Associates� Mr. Fleming noted he and five
� partners purchased the property on the south side of Shamrock Lane between Route 31 and Irish
Prairie Subdivision in 1989. At the time of purchase, the subject property contained only two
lots. Ultimately, it was re-subdivided into seven lots. This property was surrounded by
commercial-office uses, including the Ramada Inn across the street and the Irish Prairie
residential subdivision. Mr. Fleming noted retail uses are not compatible and do not conform to
the O-1 Local Office District. He encouraged the Board to look at the chazacter of the street. He
stated he would not like to see a donut shop with its inherent odors and refuse next to his office
building on Shamrock Lane. Mr. Fleming also noted drainage concerns have not been addressed.
Mr. Fleming pointed out when this property was first annexed, it was zoned B-2. The purchasers
agreed to reclassification to O1 at the request of the City prior to execution of the annexation
agreement. It dc�es not seem appropriate to now grant these same types of uses as were originally
permitted in the B-2 District. In conclusion, Mr. Fleming stated he has no objections to the bank
facility being located on Lot 2;he is opposed to retail uses on Lot 3.
Dou� Jensen, 4209 Sha.mrock Lane (Members Insurance)• Mr. Jensen concurred with Mr.
Fleming's statement. He is opposed to retail uses at this location. He relocated his business from
Cary, and was drawn to the present site due to the lack of commercial uses in the area. Mr.
Jensen stated he sought a location with a professional office environment as opposed to a
retaiUcommercial area. He opined a donut shop or restaurant are not appropriate at this location.
It would be out of character with the existing neighborhood. The placement of retail uses at this
site would diminish his property value.
CLOSING STATEMENT BY PETITIONERS
`' Mr. Ek stated the Petitioners request is that the following be granted:
1. A condition��l use to permit a financial institution with a drive-through fa.cility on Lot 2;
2. Use Variance on Lot 3 to permit the following specific uses
a. computer sales, rental and service
b. donut shop
c. beauty shop, barber shop, and ha.ir styling salons
� d. candy, zce cream, popcorn, nut and yogurt stores
e. dry cleaners and laundries
f. restaurant,eat in or carry out
g. card and gift stores
h. florist shops
i. stationery and office supply shop
j. print shop
k. hobby and craft shop
1. picture framing.
Mr. Ek noted retail use is warranted on Lot 3. These specific uses would be for the good of the
entire community. They would provide a service to the neighborhood and to the community.
Chairman Semrow said, "there being no further testimony before the Board with regard to this
matter, the Boazd 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 Ekstrom, seconded by Cadotte,to recommend to the City Council that
The Petitioners' request for a conditional use permit on Lot 2 to allow the construction
and operation of a financial institution with a drive-through facility be granted; and that
� Table 31, the Approval Criteria. for Conditional Uses, pages 357-358 of the City of
McHenry Zoning Ordinance has been met.
Voting Aye: Cadotte,Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
Motion by Franzen, seconded by Cadotte,to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit computer sales, rental and
service be granted; and that Table 32A, the Approval Criteria for Use Variances, page
379 of the Zoning Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
�
Page 5
Z-519
8/30/01
� Motion by Ek.Strom, seconded by Cadotte,to recommend to the City Council that
The Petitioners request for a use vaziance on Lot 3 to permit a donut shop with restricted
hours c�f operation of 6 a.m. until 10 p.m. be granted; and that Table 32A, the Approval
Criteria for Use Variances,page 379 ofthe Zoning Ordinance has been met.
Voting Aye: None.
Voting Nay: Cadotte, Ekstrom, Franzen, Semrow, Thacker.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion failed 0-5.
Motion by Thacker, seconded by Cadotte,to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to pernut a beauty shop, bazber shop,
and hair styling salon be granted; and that Table 32A, the Approval Criteria for Use
Variances,page 379 of the Zoning Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Semrow, Thacker.
Voting Nay; Franzen.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
� Motion carried 4-1.
Motion by Thacker, seconded by Ekstrom, to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to pernut candy, ice cream, popcorn,
nut, and yogurt stores be granted; and that Table 32A, the Approval Criteria for Use
Variances,page 379 of the Zoning Ordinance has been met.
Voting Aye: Cadotte,Ekstmm, Semrow, Thacker.
Voting Nay: Franzen.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 4-1.
Motion by Ekstrom, seconded by Cadotte,to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit a dry cleaner and laundry
facility with all processing to be done off-site be granted; and that Table 32A, the
Approval Criteria for Use Variances, page 379 of the Zoning Ordinance has been met.
Voting Aye: Cadotte,Ekstrom, Franzen, Semrow, Tha.cker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
`' Absent: Howell, Lovett.
Motion carried 5-0.
Page 6
Z-519
8/30/O 1
�. Motion by Cadotte, seconded by Thacker,to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit a restaurant with eat in
and/or carty out facilities and hours of operation limited to 7 a.m. until 10 p.m. be
granted; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the
Zoning Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Thacker.
Voting Nay: Franzen, Semrow.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion failed to carry 3-2. (A minimum of 4 votes is required to pass the motion).
Motion by Cadotte, seconded by Ekstrom,to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit cazd and gift stores be
granted; and that Table 32A, the Approval Criteria for Use Vaziances, page 379 of the
Zoning Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Franzen, Semrow.
Voting Nay: Thacker.
Not Voting: None.
Abstaining: None.
� Absent: Howell, Lovett.
Motion carried 4-1.
Motion by Cadotte, seconded by Franzen, to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit a florist shop be granted; and
that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning
Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
Motion by Cadotte, seconded by Thacker, to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit stationery and office supply
shop be granted; and that Table 32A, the Approval Criteria for Use Variances, page 379
of the Zoning Ordinance has been met.
Voting Aye: Cadotte,Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
�' Absent: Howell, Lovett.
Motion carried 5-0.
Page 7
Z-519
8/3 0/O 1
� Motion by Cadotte, seconded by Franzen, to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit a print shop be granted; and
that T<�ble 32A, the Approval Criteria for Use Variances, page 379 of the Zoning
Ordina,~�ce has been met.
Voting Aye: Cadotte, Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that
The Petitioners request for a use variance on Lot 3 to permit a hobby and craft shop be
granted; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the
Zoning Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Semrow, Thacker.
Voting Nay: Franzen.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
� Motion carried 4-1.
Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that
The Petitioners request for a use vaziance on Lot 3 to pernut a picture framing shop be
granted; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the
Zoning Ordinance has been met.
Voting Aye: Cadotte,Ekstrom, Semrow.
Voting Nay: Franzen, Thacker.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion failed tv carry 3-2. (A minimum of 4 votes is required to pass the motion).
�.
Page 8
Z-519
8/30/O l
�
ADJOURNM ENT
Motion by Ek�trom, seconded by Franzen to adjourn the Public Heazing at 10:39 p.m.
Voting Aye: Cadotte, Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
Respectfully submitte �
- �.�Cc,'��'�:
Harry emrow Chairman
Zoning Board of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Plan Commission (7), Landmark Commission Cha.irman Chicago
Tribune, Northwest Herald, Aldermen Conference Room, File Copy. Z-519
�
\..
A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
`�
AUGUST 30,2001
1N THE MAT`['ER OF THE APPLICATION OF )
KENNETH AI'1D SHELBY REESE ) Z-530
FOR A VARIf�NCE, PURSUANT TO THE ) Kenneth/Shelby Reese
ZONING ORI►INANCE OF THE CITY OF ) Variance
MCHENRY, TICHENRY COLINTY, ILLINOIS ) 6829 Burning Tree Circle
A Public Hearing before the City of McHenry Zoning Boazd of Appeals was held on Thursday,
August 30, 20)l. Chairman Semrow called the Public Hearing to order at 7:35 p.m. with the
following persuns in attend�nce:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Semrow, Thacker..
Absent: Howell, Lovett.
2. City Attorney: Kelly Cahill.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: None.
5. Director of Community Development: Jaseph Napolitano.
6. Applicant: Shelby Reese, 1760 Maple Street, Des Plaines, IL 60018.
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 August 4, 2001. A
Certificate of Yuhlication is on file in the Office of the City Clerk with regard to this matter.
Notices were mailed to all abutting tax payers of record as required by ordinance.
LOCATION
The subject property is located at 6829 Burning Tree Circle, McHenry and is currently improved
with a single-family residence.
SUMMARY
T'he Petitioner is requesting the subject property be granted a vaziance as to the front yard
setback to permit a 3 %2 inch encroachment.
TESTIMONY
Chairman Seriv�ow swore in the following witness for the Petitioner:
l. Shelby Ree:se, 1760 Maple Street, Des Plaines, Illinois 60018.
Ms. Reese stated they are seeking a variance to permit a 3 and '/Z inch encroachment into the
required front }�ard for their property located at 6829 Burning Tree Circle. She noted that during
the placement of the footing and foundation of the house, the building was situated 3 and '/2
inches over the front building line. This fact was brought to the attention of the Reese's builder
and the City's�3uilding Inspector at the time of spot survey for the lot. Staff advised the Reese's
to seek a varia�ce to permit the encroachment. Mrs. Reese noted her builder has paid all fees
�'' with regard to �eeking the vaziance for this property.
Page 2
Z-530
8/30/O 1
� QUESTIONS BY MEMBERS OF THE BOARD
There were no questions by members of the Board.
Chairman Serrrow said, "there being no further testimony before the Board with regard to this
matter, the Bo ard 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 F'etition."
DELIBERAT[ON AND RECOMMENDATION
Motion by Thacker, seconded by Cadotte,to recommend to the City Council that
The Pet itioners' request to permit variance of a 3 '/2 inch encroachment into the front yard
setback be granted; and that Table 32, the Approval Criteria for Variances, pages 377-
378 of the City of McHenry Zoning Ordinance has been met.
Voting Aye: Cadotte, Ekstrom,Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
`' ADJOURNMENT
Chairman Semrow, noting there was no other testimony before the Board with regard to this
matter, adjourned the Public Hearing at 7:46 p.m.
ctfully sub 'tted,
�
� ' �
Harry Se ow, Chairman
Zoning B'oard of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Plan Commission (7), Landmazk Commission Chauman Chicago
Tribune,Northwest Herald, Aldermen Conference Room, File Copy. Z-530
�
A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
� AUGUST 30,2001
IN THE MA'I'TER OF THE APPLICATION OF )
VERNON ATfD CYNTHIA BLOCK ) Z-531
FOR A VARIANCE, PURSUANT TO THE ) Vernon/Cynthia Block
ZONING ORi�INANCE OF THE CITY OF ) Variance
MCHENRY, :VICHENRY COIJNTY, ILLINOIS ) 1114 N Oakwood Dr
A Public Hea1 ing before the City of McHenry Zoning Boazd of Appeals was held on Thursday,
August 30, 2(�01. Chairman Semrow called the Public Hearing to order at 7:47 p.m. with the
following per�ons in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Semrow, Thacker..
Absent: Howell, Lovett.
2. City Attorney: Kelly Cahill.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: None.
5. Director of Community Development: Joseph Napolitano.
6. Applic:�nts: Vernon and Cynthia Block, 1114 North Oakwood Drive, McHenry, IL
60050.
7. City Cc�unciUStaff•None.
8. Court keporter: None.
9. Registered Observers/Objectors: None.
�
PUBLICATION
Notice of this Public Hearing was published in the Northwest Herald on August 15, 2001. A
Certificate of Publication is on file in the Office of the City Clerk with regard to this matter. An
affidavit of compliance with notice requirements is on file in the Office of the City Clerk.
LOCATION
The subject property is located at 1114 North Oakwood Drive, McHenry and is currently
improved with a single-family residence.
SUMMARY
T'he Petitioner is requesting the subject property be granted a variance to a11ow a sideyard
setback of approximately 5.3 feet instead of the required 8 feet.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
l. Vernon Block, 1114 North Oakwood Drive, McHenry IL 60050.
Mr. Block stated they are seeking a variance to permit a 5.3 foot north sideyard setback in order
to permit the canstruction of an additional garage stall and workshop area.
Discussion occ�arred regarding the reason for the addition. Mr. Block noted current vandalism in
the azea further increased the need for the gazage addition.
�
Page 2
Z-531
8/30/01
"�. QUESTIONS BY MEMBERS OF THE BOARD
Chairman Se�nrow inquired if abutting neighbors have been notified of the proposed addition.
Mr. block re�ponded all adjacent neighbors have been informed. In response to Thacker's
inquiry, Mr. �31ock stated he would relocate the television tower prior to the commencement of
construction.
CLOSING S'CATEMENT BY PETITIONER
Mr. Block stated he was requesting the Board recommend approval of the vaziance request so
that he is able to construct an addition to his existing one-car garage.
Chairman Senuow said, "there being no further testimony before the Board with regard to this
matter, 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 Caciotte, seconded by Thacker,to recommend to the Cfty Council that
The Petitioners' request to permit variance to allow a 5.3 inch north sideyard setback on
the subject property be granted; and that Table 32, the Approval Criteria for Variances,
pages 377-378 of the City of McHenry Zoning Ordinance has been met.
� Voting Aye: Cadotte, Ekstrom, Franzen, Semrow, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell, Lovett.
Motion carried 5-0.
ADJOURNMENT
Chairman Semrow, noting there was no other testimony before the Board with regard to this
matter, adjourned the Public Heazing at 7:55 p.m.
ectfully sub 'tted,
, �
.-�irLc,�/ '�"j
Harry Se ow, Chairman
Zoning Boazd 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-531
`�