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HomeMy WebLinkAboutMinutes - 1/17/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS JANUARY 17, 2000 CITY OF MCHEIVRY �► IN THE MATTER OF THE APPLICATION OF ) Z-488 DANNY CHANG AIVD AMERICAN NATIONAL ) CHANG BANK AS TRUSTEE UNDER TRUST #427 ) FOR A MAP AMENDMENT AND VARIANCE ) TO THE ZONING ORDINANCE OF THE CITY OF ) Map Amendment MCHENRY, MCHENRY COUNTY, IL ) Variance REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on January 17, 2000. Chairman Semrow called the hearing to order at 7:33 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darick Franzen, Jon Meyer, Harry Semrow. Absent: John Howell. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. �` 4. City Planner: Phillip Maggio. 5. Petitioner: Danny Chang, 873 East Fox Chase Drive, Round Lake Beach, IL 60073. 6. Attorney for Petitioner: Roth and Feetterer represented by John Roth, 607 N. Front Street, McHenry, IL 60050. 7. City Council Members/Staff: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: a. Joe and Jennifer Gilmore, 3908 W. Kane Ave, McHenry, IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on January 1, 2000. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. SUMMARY �, The Petitioners are requesting a Map Amendment from RS•4 to C-3 Community Commercial Zoning District with a Variance to the rear yard setback from 15 feet to 10 feet. Pa�e 2 � ZBA-Chang 1/17/00 Chairman Semrow, noting the deficiency in notification to abutting property owners via certified mail delivery, asked for a motion to recess until February 21, 2000. RECES Motion by Cadotte, seconded by Meyer, to recess the Public Hearing regarding File No. Z•488 until February 21, 2000, due to procedural deficiencies. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. The Hearin� was recessed until February 21, 2000 at 7:30 p.m. Respectfully su mitted, f.Cl.cl Harry Se row, Chairman `-- Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-488 �. ZONING BOARD OF APPEALS JANUARY 17, 2000 CITY Of MCHENRY �'" IN THE MATTER OF THE APPLICATION OF ) Z-491 JOHN COLOMER, FOR A VARIATION ) John Colomer TO THE ZONING ORDINANCE OF THE CITY OF ) Variance MCHENRY, MCHENRY COUNTY, IL ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on January 17, 2000. Chairman Semrow called the hearing to order at 7:39 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darick Franzen, Jon Meyer, Harry Semrow. Absent: John Howell. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. `' 5. Petitioner: John Colomer, 4122 Miller Oaks Drive, McHenry, IL 60050. 6. Attorney for Petitioner: Diamond, LeSueur and Associates represented by Mary Spiegel, 3431 W. Elm Street, McHenry, IL 60050. 7. City Council Members/Staff: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on December 30, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. An affidavit of service via certified mailing is on file in the Office of the City Clerk. LOCATION The location of the subject property is Lot 17, 310 Shepherd Hill Lane, McHenry and is unimproved. � SUMMARY The Petitioner is requesting a Variance to permit a lot width of 50' at the building line. Page 2 ZBA-Colomer 1/17/00 �' TESTIMONY Chairman Semrow swore in the following witness for the Petitioner: 1. John Colomer, 4122 Miller Oaks Drive, McHenry, IL 60050. Attorney Spiegel stated the Petitioner will satisfy all bulk area requirements of the Zoning Ordinance for the subject property with the exception of the minimum lot width requirement. The Petitioner is requesting that a variance be granted to permit a reduction from the required 70' lot width to 50' lot width at the building line. Petitioner Colomer stated the lot width is deficient due to a previous sale of a portion of the suk�ject property to the abutting neighbor to accommodate the expansion of his driveway. Mr. Colomer stated he intends to build a 2,700 square foot brick ranch home on the subject property and he will move to this location. 4UESTIONS BY MEMBERS OF THE BOARD Meyer asked the Petitioner if he is also purchasing Lot 16, 312 Shepherd Hill Lane. Colomer responded in the affirmative. The existing residence will remain on this lot. Meyer asked if the proposed residence on Lot 17 would have a greater fron# yard setback due to the narrowness of the front portion of the lot. Colomer noted the front yard setback will be greater than required by ordinance; however, it will be aesthetically pleasing with the rest of the homes in the neighborhood. � Chairman Semrow said, "there being no further testimony before the Board with regard to this matter, the Chair will entertain a motion with regard to this Petition, 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 the Petition." DELIBERATION AND RECOMMENDATION Motion by Doherty, seconded by Cadotte, to recommend to the City Council that the Petitioner's request for a variance to permit a minimum lot width of 50' at the building line be permitted, and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, have been met. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. � Page 3 ZBA-Cotomer 1/17/00 �' ADJOURNMENT There being no further testimony before the Board with regard to this matter, Chairman Semrow adjourned the hearing at 7:45 p.m. Respectfully su itted, Harry S row, Chairman Zoning oard of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-491 � � ZONING BOARD OF APPEALS JANUARY 17, 2000 CITY OF MCHENRY �" IN THE MATTER OF THE APPLICATION OF ) Z-490 EDWARD HINZ, FOR A VARIATION ) Edward Hinz TO THE 7_ONING ORDINANCE OF THE CITY OF ) Variance MCHENRY, MCHENRY COUNTY, IL ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on January 17, 2000. Chairman Semrow called the hearing to order at 7:45 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darick Franzen, Jon Meyer, Harry Semrow. Absent: John Howell. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. �'" 5. Petitioner: Edward Hinz, 3106 Riverstream Drive, McHenry, IL 60050. 6. Attorney for Petitioner: None. 7. City Council Members/Staff: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on December 30, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. An affidavit of service via certified mailing is on file in the Office of the City Cterk. LOCATION The location of the subject property is 3106 Riverstream Drive, McHenry. SUMMARY The Petitioner is requesting a Variance to permit a rear yard setback of 20'. � Page 2 ZBA-Hi nz 1/17/00 TESTIMONY `' Chairman Semrow swore in the following witness for the Petitioner: 1. Edwar�� Hinz, 3106 Riverstream Drive, McHenry, IL 60050. Petitioner Hinz stated he is before the Board to request a 5' variance to permit a rear yard setback of 20' on his property located at 3106 Riverstream Drive. The Zoning Ordinance requires a rear yard setback of 25' in the RS-3 Zoning District. Mr. Hinz stated he would like to construct a screen room addition to the rear of his residence. The screen room would be constructed in the same location as an existing deck. Maggio clarified the ordinance allows a deck to be constructed in the required rear yard. However, in constructing a screen room, footings are required and all building setback requirements must be met. Therefore, a variance is required. Chairman Semrow said, "there being no further testimony before the Board with regard to this matter, the Chair will entertain a motion with regard to this Petition, 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 the Petition." DELIBERATION AND RECOMMENDATION Motion by Cadotte, seconded by Meyer, to recommend to the City Council that the Petitioner's request for a variance to permit a rear yard setback of 20' be granted, and that Table 32, the Approval Criteria for Variances, pages `- 377-378 of the Zoning Ordinance, have been met. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Meyer, Semrow. Voti ng Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. � Page 3 ZBA-Hinz 1/17/00 � ADJOURNMENT Motion by Meyer, seconded by Doherty to adjourn the hearing at 7:52 p.m. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Meyer, Semrow. Voti ng Nay: None. Not Voti ng: None. Abstaining: None. Absent: Howell. Motion carried 6-0. Respectfully submitted, Harry Se ow, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, �— Northwest Herald, The Sun, File Copy. Z-490 � ZONING BOARD OF APPEALS JANUARY 17, 2000 CITY Of MCHENRY � IN THE ��1ATTER OF THE APPLICATION OF ) Z.q,gg OMEGA INVESTMENTS AND AMERICAN ) Omega Investments NATIONAL BANK AS TRUSTEE UNDER TRUST ) #427 FOR A MAP AMENDMENT ) TO THE :�ONING ORDINANCE OF THE CITY OF ) Map Amendment MCHENRY, MCHENRY COUNTY, IL ) REPORT OF THE ZONiNG BOARD OF APPEALS TO THE CITY COUNCIL, CITY �F MCHENRY, ILLINOIS A hearing on the above•captioned petition was held on January 17, 2000. Chairman Semrow called the hearing to order at 7:33 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darick Franzen, Jan Meyer, Harry Semrow. Absent: John Howell. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. City Planner: Phillip Maggio. 5. Petitioner: Omega Investments, 105 North lst Avenue, #234, Sandpoint, ID 83684. 6. Attorney for Petitioner: Roth and Feetterer represented by John Roth, 607 N. Front Street, McHenry, IL 60050. 7, City Council Members/Staff: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: a. Joe and Jennifer Gilmore, 3908 W. Kane Ave, McHenry, IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on January 1, 2000. SUMMARY The Petitioners are requesting a Map Amendment from RS-4 to C-3 Community Commercial Zoning District. ...� Page 2 ZBA-Omega 1/17/00 � Chairman Semrow, noting the deficiency in notification to abutting property owners via certified mail delivery, asked for a motion to recess until February 21, 2000. RECESS Motion b:� Cadotte, seconded by Meyer, to recess the Public Hearing regarding File No. Z•489 until February 21, 2000, due to procedural deficiencies. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Meyer, Semrow. Voti ng Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. The Hearing was recessed until February 21, 2000 at 7:30 p.m. Respectfully sub itted, Harry Se row, Chairman Zoning Board of Appeals � c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-489 �