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HomeMy WebLinkAboutMinutes - 4/19/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS APRI L 19, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-436 GARY RICKER AND LORIDATE RICKER ) Ricker FOR A MAP AMENDMENT UPON ANNEXATION ) Green Street UNDER TI�E PROVISIONS OF THE ZONING ) Rezone 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 19, 1999. Chairman Semrow called the hearing to order at 7:35 p.m. The following persons were in attendance: 1. Zor�ing Board Members: Paula Ekstrom, John Howell, Jon Meyer, Harry Semrow. Absent: George Cadotte. 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. Petitioners: Gary and Loridale Ricker, 1009 North River Road, McHenry, Illinois 60050. 7. Attorney for Petitioner: Diamond and LeSueur represented by Mary Spiegel, 3431 West Elm Street, McHenry, Illinois 60050. 8. City Council Members/Staff: Alderman Glab. 9. Court Reporter: None. 10. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on April 1, 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. LOCATION `-- The subject property is adjacent to Knox Park Pool along Green Street and is comprised of 2.5 acres. Page 2 ZBA-Ricker 4/19/99 � SUMMARY The Petitior�ers are seeking reclassification from A-1 County to RS-2 Medium High Density Single Family, upon annexation to the City of McHenry. A Petition to Annex is on file in the Office of the City Clerk. TESTIMONY Chairman Semrow swore in the following Witness for the Petitioners: ■ Gary Ricker, 1009 North River Road, McHenry, Illinois 60050. Attorney S��iegel stated the Petitioners are seeking reclassification of the subject property from A-1 in the County to RS-2 Medium High Density Single Family Residential Zoning upon annexation to the City of McHenry. The property is located south of Knox Park, west of the Knox Farm Residential subdivision, and north of the Municipal Center. The Petitioners are proposing four residential lots abutting Green Street. Each lot would be at least one/half acre in size. Three of the lots would have 80 feet of frontage on Green Street with the fourth lot having 90 feet of frontage. The depth of the lots will vary from 313' to 330' as measured from the centerline of Green Street. Attorney Spiegel noted the Petitioners have appeared before the Plan Commission and received � the approval of the Plan Commission. The sanitary sewer was installed prior to the Green Street repaving project. Petitioner Ricker stated he has owned the property for twenty years. It has never been used as agricultural property which is the current zoning in the County. He noted all four lots would be improved �vith $200,000 to $300,000 residential dwellings. QUESTIONS BY MEMBERS OF THE BOARD Meyer asked if the Petitioner would sell the lots. Mr. Ricker responded at this point it would appear all four lots might remain in the family, but it is possible they could be sold. Meyer expressed concern regarding safety of pulling out of the driveways onto Green Street. There would be little vision clearance from over the hill. Mr. Ricker stated he would configure each lot so that the owners would be able to pull out of the drive as opposed to backing out onto Green Street. Attorney McArdle noted the City could require front exiting onto Green Street, i.e., a semi- circular drive, in the Annexation Agreement. Meyer stated Lots 3 and 4 would have 0' sight line coming out of the driveways. Mr. Ricker,citing the safety issue, stated he intends to install semi- circular drives. Attorney Spiegel noted the driveways would be located as far to the north on Lots 3 and 4 as possible. Attorney McArdle stated the City should address this safety concern in the Annexation Agreement and require driveway access to the northernmost point on these lots and require the installation of semi-circular drives to facilitate front access onto Green Street. General discussion occurred regarding the safe egress from the subject property onto Green Street. `-' Ekstrom asked if all utilities would be installed underground. Mr. Ricker responded the utilities are currently above-ground. However, the utilities would be put in underground from the access panels to the houses. Page 3 ZBA-Ricker 4/19/99 � Howell asked how many trees would be saved during the construction of the houses. Mr. Ricker responded he would save as many trees as possible. CLOSING STATEMENT BY PETITIONERS Attorney Spiegel stated residential is the best use for the subject property. It is a good way to improve this property. It makes sense to classify the property residential upon annexation. Ms. Spiegel noted the size of the proposed lots is much larger than would normally be found in an RS-2 Distri��t. She asked the Board to recommend that the subject property be reclassified to RS-2 upon annexation to the City. 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 Howell, to recommend to the City Council that the Petitioner's request for reclassification from A-1 County to RS-2 Medium High Density Single Family District upon annexation to the City of McHenry, and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance has been met. � Voting Aye: Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 4-0. ADIOURNMENT Motion by Meyer, seconded by Ekstrom, to adjourn the hearing at 7:58 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 4-0. The hearing was adjourned at 7:58 p.m. Respectfully subm'tted, 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, 6 & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-436