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HomeMy WebLinkAboutMinutes - 8/16/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS AUGUST 16, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPUCATION OF ) Z-480 RICHARD A. AND RITA A. ADAMS FOR A MAP ) Richard and Rita Adams AMMENDYIENT, PURSUANT TO THE ) 2806 W. Route 120 ZONING ORDINANCE OF THE CITY OF ) Map Amendment MCHENRY, MCHENRY COUNTY, IL ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, GTY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on August 16, 1999. Chairman Semrow called the hearing to order at 7:32 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darick Franzen, John Howell, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Absent. 4. City Planner: Phillip Maggio. `-' 5. Petitioner: Richard Adams, 1618 Lincoln Road, McHenry, IL 60050. 6. Attorney for Petitioner: Militello, Zanck and Coen represented by Mark Saladin, 40 Brink Street, Crystal Lake, Illinois 60014. 7. City Council Members/Staff: Alderman Glab, Director of Community Development Napolitano. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on July 29 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Certified notices were delivered all owners of record of abutting properties. The subject property was posted as required by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk. LOCATION The subject property is located at 2806 W. Route 120, McHenry, Illinois 60050. � ZBA-Adams 8/16/99 SUMMARY � The Petitioner is requesting the subject property be reclassified from E Estate to C-5 Highway Commerci.�l Zoning District. The property has been annexed into the City. TESTIMONY Chairman Semrow swore in the following Witness for the Petitioner: ■ Ricf�ard A. Adams, 1618 Lincoln Road, McHenry, IL 60050. Attorney Saladin stated the property is located on the north side of Route 120, is incorporated into the City of McHenry with a common address of 2806 W. Route 120. Attorney Saladin provided tl�e Board with the zoning of adjacent properties. He noted the surrounding zoning is C5 which is consistent with the zoning being requested. Mr. Adams stated the house located on the subject property and the house located on the property immediately east of it which is also owned by him, have been donated to the fire department for fire drill practices. The buildings should be destroyed by the end of September. The subject property would be adjacent to the Adams Commercial Park. The land use would be consistent with C-5 Zoning District requirements. Any new structure would be consistent with G5 Zoning. Attorney Saladin went over the Approval Criteria for Map Amendments as stated in the Petition. � QUESTIONS BY MEMBERS OF THE BOARD Ekstrom asked the size of the parcel when the two lots are combined. Mr. Adams responded approximately 3/4 to one acre. Attorney Saladin noted the two lots are currently platted. The Petitioner is not before the Board seeking replatting of these lots. Ekstrom asked if there was currently a curb cut for each of the two lots. The petitioner responded that was correct. Howell asked the age of the house on the subject property. The petitioner responded it was built in 1929 and it is currently being used as a residence. Meyer asked for clarification with the status of the houses on the lots. Mr. Adams stated the houses will be burned in late September, and the property would be improved and brought up to the grade of surrounding property. The property would remain vacant until a later time. Franzen asked if both curb cuts on Route 120 would remain. The petitioner responded he would not remove the curb cuts. Discussion occurred regarding the distance between the two existing curb cuts. CLOSING STATEMENT BY THE PETITIONERS Attorney Saladin asked the Board to make a recommendation to the City Council that the Petitioner's request be granted, as the Petition meets the Approval Criteria for a Map Amendment �- and is consistent with the Comprehensive Plan. Page 3 ZBA-Adams 8/16/99 � Chairman Semrow stated, "there being no further testimony before this Board with regard to this Petition, the Board will consider this matter at this time, unless there is a motion to recess by a member oi the Board. There being no motion to recess, the Chair will entertain a motion with regard to tl�is Petition." DELIBERATION AND RECOMMENDATION Motion by Meyer, seconded by Cadotte, to recommend to the City Council that The Petitioners request for reclassification from E Estate to C-5 Highway Commercial Zoning District be granted; and that Table 33, Approval Criteria for Zoning Amendments, page 401, have been met. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Howell, Meyer, Semrow. Voting Nay: None. Not Votin�;: None. Abstaining: None. Absent: None. Motion carried 7-0. ADIOURNMENT �'' There being no further testimony before the Board with regard to this matter, Chairman Semrow adjourned the hearing at 7:47 p.m. s ectfully s mitted, Harry emrow, 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-480 �. ZONING BOARD OF APPEALS AUGUST 16, 1999 CITY OF MCHENRY �. IN THE M,�TTER OF THE APPLICATION OF ) Z-479 MARTIN P,ND NANCY VAZZANO FOR A MAP ) Martin and Nancy Vazzano AMMEND'v1ENT, PURSUANT TO THE ) 1113 Fourth St ZONING ORDINANCE OF THE CITY OF ) Map Amendment 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 August 16, 1999. Chairman Semrow called the hearing to order at 7:48 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darick Franzen, John Howell, Jon Meyer, Harry Semrow. Absent: None. 2. Attarney for Zoning Board: David McArdle. 3. Recording Secretary: Absent. 4. City Planner: Phillip Maggio `'' 5. Director of Community Development: Absent. 6. Petitioners: Martin and Nancy Vazzano, 10318 Lucas Road, Woodstock, IL 60098. 7. Attorney for Petitioner: None. 8. City Council Members/Staff: Alderman Glab. 9. Court Reporter: None. 10. Registered Observers/Objectors: a. )ohn and Cathy O'Leary, 3705 Waukegan Road, McHenry, IL 60050 b. Jim and Cindy Kringstad, 134 Ellsworth St, Crystal Lake, IL 60014 c. Home of the Sparrow, Prudence Bierma, 3701 W. Waukegan Rd, McHenry IL 60050 d. Nancy Fike, 2913 W. Virginia, McHenry, IL 60050 e. Carol Sek, 3508 Shepherd Hill Lane, McHenry, IL 60050 f. Tom and Ruth Fenwick, 3719 W. Waukegan Rd, McHenry, IL 60050 g. Jim Youn McNamara, 3804 Waukegan Rd, McHenry, IL 60050 h. Sue Miller, 306 W. Rand Rd, McHenry, IL 60050 i. Jeff O'Connell, McHenry School District 15,3318 Walnut Lane, McHenry, IL `-- 60050 j. Greg Lofgren, 3805 W. Clover, McHenry, IL 60050 k. Rhonda Burke (Chicago Tribune), 531 N. Beck Rd, Lindenhurst, IL 60046 Page 2 ZBA-Vazzano 8/16/99 � NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on July 27 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Certified notices were mailed to all owners of record of abutting properties. The subject property was posted as required by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk. LOCATION The subject property is located at 1113 Fourth Street, McHenry, Illinois 60050, on the north side of Waukegan Road and west of Landmark School. SUMMARY The Petitioner is requesting the subject property be reclassified from C-5 Highway Commercial Zoning District to RM2 High Density Multi-Family Residential District. The property is currently vacant and is located just north of Waukegan Road. The Petitioners intend to build a two and one/half story twenty-four unit structure. TESTIMONY Chairman Semrow swore in the following Witnesses for the Petitioner: ■ Martin Vazzano, 10318 Lucas Road, Woodstock, IL 60098 � ■ Nancy Vazzano, 10318 Lucas Road, Woodstock, IL 60098. Mr. Vazzano stated the present use of the property is a vacant lot, which is an eyesore to the community. Upgrading this property would be beneficial to the entire community. The proposed zoning is a downgrade of the present zoning. C5 Highway Commercial is more intense than the proposed RM-2. Mr. Vazzano noted he is proposing to use the RM-1 standards in the proposed RM-2 District. This would in effect reduce the density of the proposed multi-family development. He stated he is requesting a maximum of twenty-four units using the RM-1 land use bulk requirements. Mr. Vazzano stated he would be able to erect more than twenty-four units if he sought a variance, but he is not seeking a variance. C-5 is not appropriate zoning for the subject property as there is no direct access or frontage on the highway. Mr. Vazzano presented renderings of the proposed building and site plan. He stated he and his wife would live on the premises. Underground parking as well as above-grade parking will be available. Seventy-five percent or more of the exterior will be brick. Mr. Vazzano stated he has spoken with the owner of the adjacent six-flat at 1109 North Fourth Street and has come to a tentative agreement to purchase this property. QUESTIONS BY MEMBERS OF THE BOARD Howell asked the proposed rental fees for the units. Mrs. Vazzano responded between $675 and $700 per month per unit. She stated all units would be one-bedroom units. �- Meyer asked for clarification as to the area of the site. Mr. Vazzano stated the parcel is 1.2 acres. Page 3 ZBA-Vazzano 8/16/99 � Doherty asked if the parking has been defined at this point. Mrs. Vazzano stated the site would meet ordinance requirements. In addition, there will be two spaces for handicapped parking and an emerge�cy fire lane surrounding the building, which was requested by the Fire Protection District. Howell asked if there would be any restrictions as to age or limitations regarding children for tenants who would rent the site. Mrs. Vazzano said the one-bedroom units would be the limiting factor. There will be no covenants regarding age restrictions. She stated the units would be leased to a mixture of different ages. General discussion occurred regarding the slope of the property and the ability to park on the slope. Mr. Vazzano stated the lower grade toward the creek would accommodate parking entry in the underground parking spaces. In response to an inquiry from Chairman Semrow, Mrs. Vazanno stated a french drain would be implemented to assist with surface water runoff. In response to an inquiry from the Board, Mrs. Vazzano stated approximately 60-70% of the property would be paved. Chairman Semrow asked the Petitioners to explain how the drainage from 60-7Q% paved surface and building would be accommodated in the french drain. Mrs. Vazzano said the property is graded, and there will be some green space on the property, which would be able to absorb the surface water runoff. Drainage issues will be considered and addressed by engineers prior to the permitting process. � General discussion occurred regarding the common access way to 1 109 and 11 13 N. Fourth Street. Cadotte expressed concern regarding the amount of paving to be done on the property. Mrs. Vazzano responded there will be more than the required landscaping on the property, including plants, flowers, bushes and trees. Chairman Semrow stated his confusion with the Petitioners seeking RM-2 zoning with RM-1 density requirements. Mr. Vazzano stated the actual land area of the site was larger than originally anticipated. Mrs. Vazzano stated the Zoning Ordinance provides for using the RM-1 bulk requirements in the RM-2 District, unless Council grants a conditional use to allow the RM-2 bulk area requirements. Maggio stated the ordinance states for each one-bedroom unit in the RM- 1 District, 2,178 square feet of space are required. The difference between the two districts is that RM-2 allows for a minimum of only 1,815 square feet per unit; however, a conditional use permit is required. Attorney McArdle stated without a conditional use permit, the RM-1 area requirements must be used, i.e. 2,178 square feedone-bedroom unit. Semrow stated the property could be developed as proposed if RM-1 zoning were granted. Maggio agreed the Petitioners could develop the site as planned with RM-1 zoning. Meyer suggested the Petitioners amend the Petition to request RM-1 zoning. The Petitioners concurred and the Petition was thereby amended. Cadotte stated his confusion with the addressing of the site and asked how a Fourth Street address co�ald be given when there is in fact no Fourth Street shown on the City of McHenry map. Mrs. Vazzano stated they would pursue an addressing change. \... Page 4 ZBA-Vazzano 8/16/99 �. Ekstrom asked the height of the building. Mrs. Vazzano stated the building would not be higher than 40 feet: 38 feet on the south side facing Waukegan Road. Maggio stated the building would be well within the height limitations, as building height is measured from the average grade level to the mid-point of the roof. QUESTIONS BY OBSERVERS/OBIECTORS Ruth Fenwick, 3719 Wauke�an Road: Why doesn't the Petitioner consider erecting such a building on property not adjacent to a school and on a lot which is not adequate for the project? Mrs. Vazz��no stated numerous sites had been investigated and this appeared to be a unique beautiful site for this project. Tom Fenwick, 3719 Waukegan Road: Have drainage issues been thoroughly investigated and will drainage be addressed prior to the construction of this building? Mrs. Vazzano stated an engineer has looked at the site. Surface water runoff currently runs to the creek. The Petitioners are proposing drain tile and the french drain to assist in redirecting current runoff problems as well as runoff following the construction of the building and paved surfaces. lohn O'Leary, 3705 Waukegan Road: In that the school district has property immediately abutting this site, was the school district notified of this hearing, and if so, is there a representative present tonight? Chairman Semrow stated all notice requirements have been met prior to this hearing as required by State Statute. Meyer pointed out a representative from District � 15, Jeff O'Connell, was in attendance and would be commenting on the Petition at the appropriate time. Mr. O'Leary stated in view of the discussion regarding drainage and the proximity of the project to Boone Creek, and the slope of the land toward the creek and Landmark School, what happens to the automobile runoff such as chemicals, salt, oil, gasoline, etc. on the site? Would an Environmental Impact Study be required? Mrs. Vazzano stated one of the building code requirements is for filtration from all drainage from the garage. All building code requiremen5s will be met. Mrs. Vazzano stated there will no parking adjacent to the creek. Mr. O'Leary expressed concern regarding the creek being impacted by surface water runoff which could potentially be contaminated by chemicals, etc. from the cars parking on the site. Maggio stated there are no particular requirements for filtration which would have to be met. This site would be no different than any other road or driveway providing runoff into the creek. Onsite detention would be required, however. This will be a part of the City review during the permit application process. Mr. O'Leary asked what type of population density is projected with twenty-four one-bedroom units on site? How will this project impact the schools? Mrs. Vazzano stated there will be very few children in the building. More than likely there will be couples and singles renting the units, because they have only one bedroom. She stated she anticipates 1.5 person density per unit for a total of 36 persons on the premises. Mr. O'Leary asked if the lease would require all names of occupants to be listed on the lease. Mrs. Vazzano stated each lease would enumerate the number of people who would be entitled to live in the unit. Prudence Bierma, Home of the Sparrow 3701-3689-3695 Waukegan Road• If the Petitioner does not purchase the six-flat at 1109 Fourth Street, what will the condition of "Fourth Street" be? Will �-- it still be improved, black-topped, graded and landscaped? If the Petitioner does not purchase the 1109 Fourth Street property, will he still own the access way to Waukegan, and will it still be paved as shown on the current plan? Mr. Vazzano responded the portion of the proposed Page 5 ZBA-Vazz�tno 8/16/99 �. property rE�ferred to as "Fourth Street" is a part of the subject property. This driveway will be paved as part of the construction of the apartments. )eff 0'Connell, School District 15 Business Manager 3318 Walnut Lane• Could the Petitioner provide mc�re information regarding the road and the setbacks from the Landmark fence. The Landmark School playground runs about fifty feet off the back of the school to the property line and then drops straight back. He asked the Petitioner how far the proposed paved drive would be from the existing fence. What will the setback be from the parking lot and the road - from the fence and the start of the road all the way back to the parking lot. Mrs. Vazzano stated the drive will be paved to the east property line. O'Connell asked if there are setback requirements for driveways. Semrow asked the Petitioners to give an approximation of how far west of the eastern property line which abuts Landmark School would the pavement start. Mrs. Vazzano responded the answer is not simple. The Fire Department needs certain clearance for fire trucks and other emergency vehicles. The parking requirements and the Fire Department requirements will be met. She stated there will be a green space beginning at the drive's entrance onto Waukegan Road. This green space will become narrower as it extends north toward the building. Cadotte asked if the Petitioners could put in a 33' wide drive and provide a 3' buffer between the two properties. Chairman Semrow stated this issue should be addressed by the Fire Department, the School District and the Petitioners, and not the Zoning Board. No variance is being sought as far as setbacks and landscaping. � Doherty questioned the density defined in the Zoning Ordinance. He stated the Ordinance on page 93 specifies 26 persons per acre not 26 units per acre in the RM-1 District, and 31 persons per acre in the RM-2 District. He asked for Staff clarification. Maggio stated that section of the Ordinance is a guideline and meant to be reflective of the bulk requirements of the district. The bulk requirements such as minimum lot size, parking requirements, minimum square footage, these are all measurable requirements. Discussion occurred regarding the wording of this portion of the ordinance. Ruth Fenwick, 3719 Wauke�an Road• Why would people from another city come to McHenry to put this building right next to a crowded school? Why don't they do this in their own town? Chairman Semrow stated most people who come to McHenry to build structures come from other cities. CLOSING STATEMENT BY OBIECTORS/OBSERVERS Swearing in of Objectors: � Cindy Kringstad, 134 Ellsworth Street, Crystal Lake, Illinois 60014 • Sue Miller, 306 W. Rand Road, McHenry, Illinois 60050 � Ruth Fenwick, 3719 Waukegan Road, McHenry, Illinois 60050 • Tom Fenwick, 3719 Waukegan Road, McHenry, Illinois 60050 • Greg Lofgren, 3705 W. Clover, McHenry, lllinois 60050 • Jeff O'Connell, McHenry School District 15, 3318 Walnut Lane, McHenry, Illinois 60050 `-- Cindv Krin�stad, 134 Ellsworth Street Crystal lake IL• "My husband and I own the building at 1109 Fourth Street. We've owned the building for ten years and we have been very concerned about Fourth Street, because we do not have legal access on Fourth Street. The City of McHenry Page 6 ZBA-Vazzano 8/16/99 �. issued a permit for our building to be built in such a way that there is not room on either side of the buildin; to accommodate a driveway. For forty years, Fourth Street has been the access from Waukegan Road to our six-flat apartment building. Our attorneys have tried several times over the years ar�d have sent registered mail to previous owners of the property located at 1113 Fourth Street asking for easement. Our letters have never been answered. Our attorney is in the process of filing for prescriptive easement for us so that we can sell the property. We can't sell a building that has no access. About a month ago we received notice from the Vazzano's to prohibit tenant parking on Fourth Street, and to move our dumpster, which was situated on Fourth Street. We are in receipt of a Letter of Intent from the Vazzanos of their intent to purchase our property. However, this Letter of Intent is not binding and the issue is still not resolved. Our concern is when you c:ome out of the front of our building onto Fourth Street, at the bottom of the last step begins the Vazzano property. There are children living in the six-flat building. There are safety concerns regarding not only the cars from the six-flat but also the potential 48 cars from the new multi-family building. We would oppose the rezoning of this property until the issue of the Fourth Street access to our building is resolved." Sue Miller, 306 W. Rand Road McHenrv• "I'm a local real estate broker. I do not live adjacent to the subject property, nor am I a party to the transaction. The Vazzanos did contact me regarding the highest and best use for this property: C5 Commercial or Multi-family residential. They asked if there was a need for one-bedroom apartments in McHenry. I told them there is a need. The proposed project would greatly improve this area. It's a nice building. They have � looked at the potential impact on the neighborhood. And I think it's a pretty impressive site. It's a much better use for the property than commercial. One could have a strip mall in this location with no need to come before this Board. The objectors need to consider this fact. This would be a better application of this land. We need to look at both sides of the issue." Ruth Fenwick, 3719 Waukegan Road McHenr� "If there were a road so that there would be direct access to Route 120, this might be possible. Where are all those cars going to go with all of those children playing in that schoolyard? There is just so much property there. What if they do need to send fire trucks in. It has been said that Perry Moy would not sell his property to the Vazzanos to give them direct access to Route 120. I talked to Perry Moy. He said he would be glad to sell his property." Tom Fenwick, 3719 Wauke�an Road McHenry• "The people made a statement that there would be 1.5 people living in two-bedroom apartment. That is low. Most people who rent a two- bedroom would fill it." Chairman Semrow stated they would be one-bedroom apartments. Mr. Fenwick continued, "Our traffic problem is getting to be a bit much in the city especially in that neighborhood. Traffic at Green Street at Waukegan Road is very heavy. This will make the problem worse. You can't get out from Third Street onto Route 120. You can only turn right from Waukegan onto Route 31. If you head south in town the neighborhood streets are all falling apart. And it's just too crowded. We don't need to bring more traffic in this area." Greg Lofgren, McHenry Landmark Commission 3805 W Clover McHenrv• "Thank you for the `- opportunity to address the Board on behalf of the McHenry Landmark Commission. As an advisory Board to the City Council, the Landmark Commission objects to this building in two areas: Page 7 ZBA-Vazzano 8/16/99 �, ■ This is .�n historic piece of property which was owned by the Owen Family who came to McHenry in the late 1830's. They owned approximately 160 acres of property stretching from St. Patrick Church on the north behind Edgebrook to the south, and from Route 31 to Green Street. Their homestead was situated on this piece of property. I present two photos of this property which depict the historic nature of this site. This is an important area due to the accomplishments of the Owen Family. This could be maintained as open space with a gracious view of the downtown Green Street area. ■ We are concerned with the trend toward implementing multi-family housing in this historic part of town. Waukegan Road has homes dating back to 1860, with many twentieth century homes. There is one apartment building on this street. There are also about five multi-family homes — homes that have been converted into two-flats. This is a trend that we don't want to see in terms of another multi-family building coming into this area. We would prefer that multi-family not be encouraged in this area. The converted two-flats could be re-converted to a single family home once again in the future. But adding more density to this area will cause instability in an historic area." Meyer asked with regard to the preservation of historic property, is the objection due largely to the fact that adjacent homes in the neighborhood are all historic—type homes and this a proposed new structure? Lofgren agreed this is the basis of the objection. It is the goal of the Landmark Commission to encourage and assist owners of historic buildings to maintain their historic integrity. The Commission is concerned regarding potential further deterioration of older � neighborhoods which would follow the construction of multi-family buildings in the older historic districts. Howell stated anyone could come in and build a strip mall on this site without need for a Public Hearing ,variance or conditional use. How would the Landmark Commission respond to that problem. If the Board were to deny this request, and a strip mall were erected, how would the Landmark Commission respond? Lofgren responded the Commission could attempt to have the property declared an historic landscape area, do an archeological dig on the property, in an attempt to preserve its integrity. Howell said while he understood the concerns of the Commission, he opined it was a little late to take any action. Perhaps the Commission should take a more proactive approach. Lofgren noted there is an historic survey of the City currently being undertaken. But it is a slow process. Howell asked Lofgren if the Petitioners were to agree to redesign the exterior of the building to have a more historic motif, would that address the concerns of the Commission. Lofgren responded density is the issue. Nancv Fike, (McHenry Landmark Commission) 2913 W Virginia Street McHenry• "I have two things I would like to say. One reiterates what Mr. Lofgren has stated. The other is this is a situation ready to happen. When I found out about it, I went in to look at the Zoning Map, because I knew the Comprehensive Plan was in the process of being revised and updated. I asked Staff how this property could be designated highway commercial when it was not located `-- on the highway. Why doesn't the City change the zoning on parcels to reflect the land use changes designated on the Comprehensive Plan? Historic preservation is needed to make this a livable community. The Zoning Ordinance and Map should be amended to reflect the revised Page 8 ZBA-Vazzano 8/16/99 �, Compreherisive Plan when it is approved by Council. My second point is the high density that is being pr��posed. There is multi-family housing on Waukegan. However, the houses on this street whether being used as single-family or multi-family still reflect a single family neighborhood. What is being proposed is 2 and Yz stories high, it sits in one of the few remaining historic districts, and there is not a single area in McHenry where we have some pure examples of classic old neighborhoods. They have been changed, altered and varied. The City has made no effort to preserve these older neighborhoods. We need to draw a line and protect this historic neighborhood. If this building is constructed a precedent will be set." leff O'Connell, McHenry School District 15 3318 Walnut Lane McHenry• "Our concerns are growth and the safety of the children. There obviously will not be much growth or more children generated by the construction of this building. However, the safety of our children is a valid concern. The way this property backs up to Landmark School playground and the impact of traffic on the intersection with Waukegan Road, are issues that we can work through. But the safety of the children is an issue of concern because of how close the parking and drive would be to the parking lot and the extra traffic exiting and entering Waukegan." Howell asked if it was the intent of School District 15 to continue using the Landmark School building for classroom purposes. O'Connell responded the building will continue to be used while expansions at other facilities are being done. The Task Force will decide the future use of the building when the expansions have been completed. �'" Attorney McArdle addressed the issue of Persons Per Acre versus Units Per Acre which had previously been brought to the Board's attention, noting on page 93 of the Zoning Ordinance, it prescribes the density of RM-1 and RM-2 Districts in paragraph form rather than bulk ordinance form. The ordinance specifies approximate population densities of up to 26 persons/acre (RM- 1)and up to 31 persons/acre (RM-2). It does not limit the number of units permitted in either one of those zoning districts. The number of units permitted on this lot under either RM-1 or RM-2 would be regulated by Table 4 which provides the bulk requirements. If this Petition is granted, the Petitioners would be limited by Table 4 requirements with regard to the number of units permitted on the site. There is no maximum number of persons allowed. CLOSING STATEMENT BY THE PETITIONERS Mr. Vazzano stated the present zoning on this property is C-5 Highway Commercial. A hotel could be built on this property at this time. A gas station could be erected. A lot more objectionable buildings could be erected than the proposed 24-unit apartment building. We don't want to do that. We will certainly work with the School District and address their concerns. The historic nature of Waukegan road would be upgraded as a result of this project. Mrs. Vazzano stated the petitioners intend to make this project a benefit to the community and a beautiful building. Chairman Semrow stated, "there being no further testimony before this Board with regard to this `.- Petition, the Board will consider this matter at this time, unless there is a motion to recess by a Page 9 ZBA-Vazzano 8/16/99 �, member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to tl-�is Petition." DELIBERATION AND RECOMMENDATION Motion by Cadotte, seconded by Franzen, to recommend to the City Council that The Petitioners request for reclassification from C-5 Highway Commercial Zoning District to RM-1 Low Density Multi-Family District be granted; and that Table 33, Approval Criteria for Zoning Amendments, page 401, have been met. DISCUSSION ON THE MOTION Howell stated he wanted to address the issues raised by the Landmark Commission. The random nature of development in McHenry is offensive. Certain areas which had historic character now have other things which are blatantly inconsistent with the historic nature of the neighborhood. To encourage the unstabilization of an old historic neighborhood should not be encouraged and it's possible this could set a trend of development in this area. The Board needs to consider this issue as we look at this Petition and others which may change the integrity of our neighborhoods. Howell expressed concern if this Petition were not granted, thE� Petitioners could erect something far worse than the proposed apartment building on this site due to the existing zoning, C-5 Commercial. � Franzen expressed his support of the Landmark Commission concerns. The fa�ade of the building could be upgraded or altered to blend in with the neighborhood. Discussion with the neighbors should be encouraged. Semrow stated the existing zoning is C-5. He stated there has been much discussion regarding the change of character to the neighborhood if this Petition is granted. Home of the Sparrow converted a multi-family building from a single family home. The adjacent building at 1109 Fourth Street is a multi-family structure. He stated the City should not take on the rezoning of properties involuntarily. This property is zoned C5, it's buildable and available for purchase. The Vazzano's would be resident landlords. Any number of C-5 uses could be implemented on this site without benefit of any zoning hearing. VOTING ON THE MOTION Voting Aye: Cadotte, Doherty, Franzen, Howell, Meyer, Semrow. Voting Nay: Ekstrom. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. � Page 10 ZBA-Vazz;�no 8/16/99 � ADIOURNMENT Motion by Meyer, seconded by Franzen to adjourn the hearing at 9:40 p.m. Voting AyE�: Cadotte, Doherty, Ekstrom, Franzen, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. 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, Objectors (11), Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The � Sun, Fi le Copy. Z-479 �