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HomeMy WebLinkAboutMinutes - 6/21/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS JUNE 21, 1999 CITY OF MCHENRY � IN THE M.ATTER OF THE APPLICATION OF ) Z-475 CRAIGG C:ARDELLI, AS BENEFICIARY OF HOME ) CARDELLI STATE BA�1K TRUST NO. 4796, FOR AMENDMENT ) TO THE ZONING ORDINANCE OF THE CITY OF ) Map Amendment MCHENRY. UPON ANNEXATION INTO SAID ) CITY OF 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 June 21, 1999. Chairman Semrow called the hearing to order at 7:50 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, John Howell, Jon Meyer, Harry Semrow. Absent: Darick Franzen. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer � 4. City Planner: Phillip Maggio 5. Director of Community Development: Absent. 6. Petitioner: Craigg Cardelli, 2710 Shorewood, McHenry, Illinois 60050. 7. Attorney for Petitioner: Curt Rehberg, 75 E. Crystal Lake Avenue, Crystal Lake, IL 60014. 8. City Council Members/Staff: Alderman William Bolger, Alderman Andy Glab, Alderman Steven Murgatroyd. 9. Court Reporter: None. 10. Registered Observers/Objectors: A. Northern Illinois Land Trust, 1551 Henry Avenue, Des Plaines IL 60016. B. Laverne Hoffstetter, 1021 Plymouth Lane, McHenry IL 60050 C. Evelyn Barwig, 3008 Northside Avenue, McHenry IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 4, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices L.- 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. Page 2 ZBA-Cardel I i 6/21/99 �.,. LOCATION The subject property consists of two vacant parcels located on the east side of Northside Avenue in unincorporated McHenry Township and is comprised of approximately �/a acre. SUMMARY The Petitioner is requesting reclassification to RS-4 upon annexation to the City of McHenry. TESTIMONY Chairman Semrow swore in the following Witness for the Petitioner: ■ Craigg Cardelli, 2710 Shorewood Drive, McHenry, IL 60050. Attorney Rehberg stated the Petitioner is seeking reclassification from R-1 in McHenry County to RS-4 High Density Single Family District in the City of McHenry, upon annexation. It is the intent of the Petitioner to construct a two-bedroom two-story single family home on each lot. He pointed out the property is located east of the Fox River. There is single family residential adjacent to this property, and it is located across the street from an office building owned Jeff Kleinhans. QUESTIONS BY MEMBERS OF THE BOARD Semrow asked if the property was a total of Ya acre or if each proposed lot is '/a acre. Rehberg � stated the two lots total �/4 acre in area. Meyer asked if the subject property abuts the proposed right of way vacation by Mr. Adams. Rehberg stated it does not. Discussion followed regarding the size of existing residential lots in Edgewater Subdivision in which the subject property is located. Cardelli stated most lots in this subdivision are developed. Mr. Cardelli stated the sewer stubs are located at the front of the property abutting Northside Avenue. There is no city water available to the site at this time. He stated each lot would have its own well. He would build houses to be used as rental units. QUESTIONS BY OBSERVERS/OBIECTORS Laurene Hoffstetter: Has the City or the property owner considered water drainage issues? Mr. Cardelli responded the houses would be built on slabs and there would be no basements. Drainage should not present problems to abutting residents. He noted he would comply with all City ordinances, including the Subdivision Control Ordinance. Howell expressed concerns regarding the maintenance of the street, which is substandard. He inquired if the City would be forced to maintain a substandard roadway. Would the City be forced to accept the road? Maggio responded this would be a policy decision. City Council will have to decide who would maintain the road. It has been City policy in the past that the property developer c;onstructs or improves the roadway to accommodate the development of the property. � Page 3 ZBA-CardE�lli 6/21/99 � Discussiori occurred regarding the high density of trees on the property and possible tree preservation. Mr. Cardelli stated most trees would remain as they are located at the rear of the property, �ind the buildings would be constructed toward the front of the lots Cadotte asked the Petitioner if he had considered building one home on the two lots. Cardelli responded this had not been considered. Meyer stated if the Zoning Board recommends and City Council grants the map amendment and annexation, a gravel road would be incorporated into the City, which would not be maintained by the City. Does this then become the responsibility of the new homeowners, especially since the Petitioner does not plan to reside in these homes? Meyer expressed concern that two residences would be constructed with no road service to access them. A lengthy discussion followed regarding the upkeep, upgrade and maintenance of the roadway abutting the subject property. Ekstrom inquired if the Petitioner could build in the county with present zoning classifications, not annex into the City, and purchase sanitary sewer service at an increased cost to the user. Attorney McArdle stated an intergovernmental agreement could be worked out with the County, however, it would be very complex. In response Board inquiry, Maggio stated the proposed Comprehensive Plan indicates this area � to be 1-4 residential units /acre. Ekstrom opined the proposed two-lot subdivision would be considerably more dense than the 1-4 units designated in the Comprehensive Plan. Discussion ensued regarding modifying the proposal to erect only one building on the site. STATEMENTS BY OBSERVERS/OBIECTORS Chairman Semrow swore in the following Observers/Objectors prior to their making statements: Evelyn Barwi� Ms. Barwig stated she lives west of the subject property. Most residents in the subdivision have '/z acre or more of property. Many have constructed their homes on larger lots. She stated subdivision covenants are currently being drafted. lohn Lundeck: Mr. Lundeck stated he has no objections to the proposed project. He owns property abutting the property to the north. He stated the Board should be aware the road is now in service. Laurene Hoffstetter: Ms. Hoffstetter stated she has lived in the Edgewater Subdivision for twenty years. The area has severe drainage problems. She stated she is afraid the construction of two homes on these small lots would cause more flooding problems. The road abutting this property is currently not improved. The Annexation of this property would not be good for the City. Most homes constructed in this subdivision have two if not three lots. She stated she believed this project would not be in the best interest of the City. �-- CLOSING STATEMENT BY THE PETITIONERS Attorney Rehberg stated the Petitioner's request is to construct a residential dwelling unit on each of the two lots. This is not an isolated instance of erecting a home on a small lot. These homes Page 4 ZBA-CardE�lli 6/21/99 � built on the lots would meet RS-4 Zoning requirements. Two single-family homes is consistent with the e;<isting development of the Edgewater Subdivision. 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 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 Meyer, seconded by Cadotte, to recommend to the City Council that The Petitioners request for a map amendment from R1 McHenry County Residential to RS-4 High Density Single Family Residential upon annexation to the City of McHenry be denied. Discussion on the Motion Meyer stated the reclassification to RS-4 is not appropriate. The RS-4 District was established for existing neighborhoods and development. Meyer pointed out the reality is much of the subdivision is not 1/8 acre lots as this property would be if the Petition were granted. Granting the reclassification would not be in the best interest of the City. RS-2 would be more appropriate. � Semrow stated the Zoning Ordinance on page 92 reads "RS-4 Zoning District is intended to provide for the appropriate zoning of existing single-family neighborhoods in the City developed years ago under less stringent development standards". Semrow said the RS-4 district was created to promote improvement in the old part of town. Howell opined the proposed project is too dense. Voting on the Motion Voting Aye: Cadotte, Doherty, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. The Petitioner's request for a recommendation to reclassify to RS-4 upon annexation was denied. � Page 5 ZBA-Cardelli 6/21/99 � ADIOURNMENT Motion by Meyer, seconded by Howell to adjourn at 8:50 p.m. Voting Aye: Cadotte, Doherty, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Chairman Semrow adjourned the hearing at 8:50 p.m. Respectfully su mitted, Harry mrow, 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, Observers/Objectors (3) B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-475 � ZONING BOARD OF APPEALS JUNE 21, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-474 STEPHEN E. BUSS, INDIVIDUALLY AND AS A ) Buss Ford GENERAL PARTNER OF BUSS FORD SALES, AN ) Rte 31 ILLINOIS LIMITED PARTNERSHIP, FOR A ) Conditional Use CONDITIONAL USE PERMIT UNDER THE ZONING ) ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) 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 April 5, 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, John Howell, Jon Meyer, Harry Semrow. Absent: Darick Franzen. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer � 4. City Planner: Phillip Maggio 5. Director of Community Development: Absent. 6. Petitioner: Buss Ford Sales represented by Stephen E. Buss, 3925 W. Elm Street, McHenry, Illinois 60050. 7. Attorney for Petitioner: James Cowlin, 4108-A West Crystal Lake Road, McHenry, Illinois 60050. 8. City Council Members/Staff: Alderman William Bolger, Alderman Andy Glab, Alderman Murgatroyd. 9. Court Reporter: None. 10. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 3, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. 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. Page 2 ZBA-Buss 6/21/99 � LOCATION The subjec:t property is a vacant parcel located on the west side of Illinois State Route 31 just north of the entrance to Knox Park. It is comprised of approximately 11.1 acres. SUMMARY The Petitioners are seeking a Conditional Use Permit to allow an Open Sales Lot and Motor Vehicle RE�pairs on the subject property which is currently zoned C-5 Highway Commercial. TESTIMONY Chairman Semrow swore in the following Witnesses for the Petitioners: ■ Timothy Hartnett, Smith Engineering, 4500 West Prime Parkway, McHenry, II 60050. ■ Steve Buss, Buss Ford Sales, 3925 West Elm Street, McHenry, IL 60050. Attorney Cowlin explained the Petitioner has previously presented an application before the Zoning Board on April 5, 1999 requesting a Conditional Use. The subject property was located further north on the Pacini Property. It was discovered following the Zoning Hearing, during the contract purchasing process, that the land contained an inordinate amount of Farm Wetlands. It was not possible to build on the site Consequently, the Petitioners have brought forward a plan identical to the one presented on April 5, 1999, but have moved the site 200 feet south on Route 31. � Cowlin noted there are two minor changes to the previously presented Site Plan: • The former plan had a full access point onto Route 31; the current plan provides for a right-in right-out access point.; • The new site will abut the proposed Dartmoor Drive extension to Route 31, which would allow for a full access point onto Dartmoor Drive. Additionally, there would be a second ingress for left-turns into Dartmoor Drive. The newly-proposed plan would ultimately have three access points: two off of Dartmoor Drive and one onto State Route 31. Attorney Cowlin requested the Zoning Board of Appeals adopt the testimony previously presented at the April 5, 1999 Hearing, and to move forward to make a recommendation to the City Council to approve the Petitioner's request for a Conditional Use. QUESTIONS BY MEMBERS OF THE BOARD In response to an inquiry by Ekstrom, Mr. Buss stated Dartmoor Drive would not be extended through to Route 31 at this time. Maggio noted the City has approved the relocation of the Dartmoor Drive extension right-of-way. Cowlin stated the Petitioner's are seeking to construct the portion of Dartmoor Drive which would abut their site. The actual road would be constructed `" by the Pacini Brothers Developers.. Howell asked who would maintain the Dartmoor Drive roadway, particularly if it is never Page 2 ZBA-Buss 6/21/99 � actually extended west across the tracks from the subject property. Hartnett stated Route 31 is maintaine�� by IDOT. Dartmoor Drive would be maintained by the City. Ekstrom asked the traffic pattern for car carrier trucks on the site. Hartnett responded trucks would enter off Dartmoor Drive front entrance point, and exit from the rear access point onto Dartmoor Drive. CLOSING STATEMENT BY THE PETITIONERS There was no closing statement by the Petitioners. 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 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 Meyer, seconded by Cadotte, to recommend to the City Council that All previously presented testimony from the April 5, 1999 Buss Ford Zoning Hearing, be adopted, and that the Petitioner's request for a Conditional Use Permit to allow an Open Sales Lot and Vehicle Repair and Maintenance on the subject property be granted, and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 have � been met. Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: Doherty. Absent: Franzen. Motion carried 6-0. ADIOURNMENT Chairman Semrow adjourned the hearing at 7:46 p.m. Respectfully sub itted, Harry S 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-474