HomeMy WebLinkAboutMinutes - 10/6/2000 - Zoning Board of Appeals A REPORT
TIiE CTTY OF MCHENRY
ZONING BOARD OF APPEALS
NOVEMBER 6,2000
�
IN THE MATTER OF THE APPLICATION OF )
JEFF AND LUCILLE KLEINHANS ) Z-513
FOR MAP AMI:NDMENT AN VARIANCES ) Kleinhans �
UPON ANNEXATION, PURSUANT TO THE ) 1107-09 N. River Road
ZONING ORDINANCE OF THE CITY OF ) Map Amendment/Variances
MCHENRY, MCHENRY COUNTY, ILLINOIS )
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Monday,
October 2, 2000, October 16, 2000 and was recessed to this date.
Motion by Cadotte, seconded by Meyer, to nominate Charles Lovett as Acting Chairman for this
Public Hearing c�f the Zoning Board of Appeals.
Voting Aye: Cadotte, Ekstrom, Meyer.
Voting Nay: None.
Not Voting: None.
Abstaining: Lovett.
Absent: Franzen, Howell, Semrow.
Motion carried 4-0.
Lovett took the Chair and presided over the Public Hearing. Acting Chairman Lovett called the
� Hearing to order at 7:41 p.m. with the following persons in attendance:
l. Zoning Board of Appeals Members: Cadotte, Ekstrom, Lovett, Meyer. Absent: Franzen,
Howell, Semrow.
2. City Attorney: Kelly Cahill.
3. Recording Secretary: Deputy Clerk Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
5. Director of Community Development: Absent:
6. Applicant: Jeffrey Kleinhans, P O Box 355, McHenry IL 60051.
7. Attorney: Joseph Gottemoller, One North Virginia Street, Crystal Lake, IL 60014.
8. City CounciUStaff• None.
9. Court Reporter: None.
10. Registered Observers/Objectors: None.
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�.- PUBLICATIOI�T
Notice of this F'ublic Heazing was published in the Northwest Herald on September 15, 2000.
Notices were mailed to all abutting property owners. Certified receipts are on file in the Office of
the City Clerk. ��n affidavit of service is on file in the Office of the City Clerk. �
LOCATION
The subject property is located at 1107 and 1109 North River Road,McHenry IL.
SUMMARY
The Petitioners are seeking upon annexation the following:
1107 River Road:
RS4 High Density Single Family Residential Zoning with variance to:
■ Allow the existing buildings on the lot.
1109 River Road:
RS4 High Density Single Family Residential Zoning with variance to:
■ Construct a new residence with an attached garage having a 12-foot front yard
setback from property line along River Road and a 2-foot rear yazd setback from the
Fox River Boundary; or
■ To allow the existing residence as currently situated and to allow the construction of a
new detached gazage having a 12'foot front yard setback; or
� ■ To allow the existing residence as currently situated.
TESTIMONY
Attorney Calull swore in the following witness for the Petitioner:
■ Jef&ey Kleinhans, P O Box 355, McHenry IL 60051.
Attorney Gottemoller stated the Petitioner is seeking to annex two small residential lois into the
City of McHenry. T'he subject property is located at 1107 River Road and 1109 River Road
located immediately south of the McHenry City limits. He noted the driving force behind the
request for annexation, reclassification and variances his client's desire to connect to City
sanitary sewer service. In order to accomplish this, StafF ha.s advised the property must be
annexed and zoned.
Regarding 1107 River Road, Attorney Gottemoller noted the lot is 10,157 square feet in area. It
is currently improved with a single-family house. The request is for RS4 High Density Single
Family Zoning with a variance is to permit the existing structure on the property with less than
the required setbacks from the side and front property lines.
Regazding 1109 River Road, Attorney Gottemoller stated the lot size is 5,600 square feet. The
property is improved with a single-family residence, which contains a drive-in boat dock. He
noted the Petitioner is seeking a recommendation for one of three options:
1) leave the properiy as it is; or
2) leave the current residence as is, and allow the construction of a detached garage;
�-' 3) allow the removal of the existing structure and the construction of a new single family
residence with an attached garage and drive-in boat dock.
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Attorney Gottemoller went over the approval criteria for zoning map amendments and variances
as stated within the text of the Petition.
QUESTIONS BY MEMBERS OF THE BOARD
Meyer asked for clazification of the location of the subject property. Mr. Kleinhans responded
the property represents the first two lots immediately south of the McHenry City limits along
River Road. In response to Boazd inquiry, Mr. Kleinhans stated the entire project is motivated by
his need to connect the subject properties to City of McHenry sanitary sewer. He stated the
demolition of the existing residence on 1109 River Road and the construction of a new split-level
house would greatly enhance the aesthetics on the entry to the City from River Road. Mr.
Kleinhans presented architectural drawings of the proposed split-level ranch house for review by
the Board.
Ekstrom asked if each of the subject properties has its own septic system. Mr. Kleinhans
responded the house at 1109 River Road has a holding tank. The house at 1107 River Road has a
septic system. He noted his mother resides at 1107 River Road. The house at 1109 River Road is
currently vacant.
Meyer asked the plans for the property if the new split-level is not constructed. Mr. Kleinhans
stated he would most likely remodel the existing structure. Meyer asked the proposed front
setback from the river of the new split-level house. Mr. Kleinhans stated the setback for the
`,,, building wall would be 6 feet from the river. However, the azchitectural plans show a wrap
around deck, which would be constructed 2 feet from the front property line at the river.
Lovett asked if the Petitioner has funding in line to finance a new split level structure. Mr.
Kleinhans responded in the affirmative.
Maggio clarified the Staff Report noting in light of architectural drawings presented at this
Hearing, the previous Staff recommendation for denial of the request to permit the construction
of a new split level house is no longer valid. Previously, StafPs concern was that no plans
existed for the new building. He noted the proposed split-level would blend in with the
, surrounding environs.
Meyer noted the proposed new split level house would have a smaller footprint than the existing
structure. Additionally, it would greatly improve aesthetics in the azea.
CLOSING STATEMENT BY PETITIONER
Attomey Gottemoller asked the Board to consider the Petitioner's request and to recommend
reclassification upon annexation of 1107 River Road with a variance to permit the existing
structure on the premises; and to further recommend reclassification upon annexation of 1109
River Road with a variance to permit the removal of existing structures and to allow the
construction of a split level residence with reduced setbacks from the front and rear property
lines (Option 3).
�"" Acting Chairman Lovett stated, "there being no further testimony before the Board with regard
to this matter,the Chair will entertain a motion regarding the Petition unless there is a motion to
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recess by a member of the Board. There being no motion to recess, the Chair will entertain a
motion with re�;ard to this Petition."
DELIBERATION AND RECOMMENDATION
Motion by Meyer, seconded by Ekstrom, to recommend to the City Council that
The Petitioner's request to:
■ reclassify 1107 River Road to RS-4 High Density Residential Zoning District upon
annexation, with a vaziance to permit the existing structure on the premises;
■ reclassify 1109 River Road to RS-4 High Density Residential Zoning District upon
annexation, to allow the removal of the existing structure from the premises, and to
pernut the construction of a new residence with an attached garage having a 12-foot
front yazd setback from property line along River Road and a 2-foot rear yard setback
from the Fox River Boundary;
and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning
Ordinance, has been met; and tha.t Table 32, the Approval Criteria for Variances, pages 377-378
of the Zoning Ordinance, has been met.
Voting Aye: Cadotte,Ekstrom, Lovett, Meyer.
Voting Nay: None.
Not Voting: None.
�,,, Abstained: None.
Absent: Franzen, Howell, Semrow.
Motion carried 4-0.
ADJOURNMENT
Motion by Ekstrom, seconded by Meyer, to adjourn the Public Hearing at 8:14 p.m.
Voting Aye: Cadotte, Ekstrom, Lovett, Meyer.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Franzen, Howell, Semrow.
Motion carried 4-0.
Res ct 11 b ' �
Charles Lovett, Acting 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-513