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HomeMy WebLinkAboutMinutes - 12/7/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS � DECEMBER 7, 1998 • CITY Of MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-460 COLIN AND ANNA MacMEEKIN, PROPERTY ) Colin & Anna MacMeekin `-- OWNERS. FOR VARIANCE, PURSUANT TO ) 5010 W. Elm St. THE ZONING ORDINANCE OF THE CITY OF ) Variance 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 December 7, 1998. Chairman Semrow c:alled the hearing to order at 7:33 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Paula Ekstrom, lohn Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio. 5. Petitioners: Colin and Anna MacMeekin, 704 North Country Club Drive, McHenry, Illinois 60050. � 6. Attorney for Petitioner: Colin MacMeekin, 5010 W. Elm Street, McHenry, IL 60050. 7. City Council Members/Staff: Alderman Andrew Glab. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on November 22, 1998. Publisher's Certificates 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 located at 5010 West Elm Street, McHenry, Illinois 60050. It is currently improved with a single family dwelling and a 1600 square foot accessory structure. � Page 2 ZBA-Mac��eekin 12/7/98 SUMMARY The Petitioners are seeking a variance. � TESTIMONY Chairman Semrow swore in Petitioner Colin MacMeekin. Mr. Mach1eekin stated he purchased the subject property on September 25, 1998 with the intent to establish his law office in McHenry. the property is zoned C-5 Highway Commercial. Professional offices are a permitted use in this zoning district. He noted the accessory building originally constructed as a garage, had been renovated by the previous owner to accommodate a combination office space and garage/storage space. MacMeekin discovered when he applied for a building permit to remodel the office portion of the building that no permit had been secured prior to the conversion to combination office/storage building. The Petitioner stated he intends to do interior remodeling of the accessory structure in order to make it more usable as a law office. The driveway would be paved. The easternmost overhead garage door would be replaced and modified to become the main entrance to the office. There are currently tenants renting the front building, the residential dwelling. The Petitioner intends to continue leasing this space to residential tenants. QUESTIONS BY MEMBERS OF THE BOARD Semrow asked if the Petitioner intends to keep both buildings on the site and use them as they are currently being utilized. MacMeekin responded he would like to use the property as it had been used for the six years prior to his purchase of it. �'' Lovett asked if the Petitioner had a partner in his firm. MacMeekin stated he is a sole practitioner. However, there is another attorney renting an office space from him. The Petitioner provided the Board with the existing uses of property abutting the subject property. He noted the proposed uses fit in harmoniously with the surrounding neighborhood. He stated he does not want to change the use, but the appearance of the site would be i mproved. Meyer asked if the variances are not granted, would the Petitioner use the house as an office. MacMeekin noted the house would not be ADA compliant. Ekstrom asked if the accessory structure meets the setback requirements of the zoning ordinance. Maggio responded it does not. In response to a Board inquiry, McArdle noted the residential use of the house is not before the Board this evening. When the rental of this property is discontinued, the ability to use this property as a residential dwelling will cease. Cadotte, noting the options presented by the Community Development Department, stated his preference for Option 2, granting a variance to permit two principal buildings on a single zoned lot, without granting a variance as to the setback requirements. Meyer asked if a permit had been issued to erect the accessory structure (garage) initially. MacMeekin replied a building permit was secured for the construction of the garage. However, no permit was obtained to convert the garage to the office/storage building. In `' response to an inquiry from Chairman Semrow, MacMeekin noted he was advised by the appraisal firm there were no zoning violations on the site. The property was advertised as commercial property having both offices and an income-producing residential dwelling. , Page 3 ZBA-Mac��leeki n 12/7/98 CLOSING STATEMENT BY PETITIONERS Petitioner MacMeekin stated he purchased the property with the intent to establish his law L- office on the site. The proposed use is compatible with the existing zoning and the surroundir�g uses. He believed the property to be a good business investment. He intends to bring it uK> to code as required by City ordinances. 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 Lovett, seconded by Cadotte, to recommend to the City Council that the Petitioner's request for a variance to permit two principal buildings on one zoned lot be granted; and that Table 32, the Approval Criteria for Variances, pages 377-378, has been met. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Semrow. Voting Nay: Meyer. Not Voting: None. Abstaining: None. Absent: None. `' Motion carried 5-1 . ADIOURNMENT Motion by Cadotte, seconded, by Lovett, to adjourn the hearing at 8:05 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. The hearing was adjourned at 8:05 p.m. ctfu y 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, Star Newspaper, File Copy. Z-460 ZON I NG BOARD OF APPEALS , '` DECEMBER 7, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-462 RICHARD AND RITA ADAMS, PROPERTY ) Richard & Rita Adams/City �— OWNERS, AND THE CITY OF MCHENRY, ) 2103 W. Route 120 FOR A M�P AMENDMENT AND CONDITIONAL ) USE PERti11T, PURSUANT TO THE ZONING ) Map Amendment ORDINANCE OF THE CITY OF MCHENRY, ) Conditional Use Permit 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 December 7, 1998. Chairman Semrow called the hearing to order at 8:12 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Paula Ekstrom, John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio. �'' 5. Petitioner: City of McHenry represented by Planner Maggio and Attorney McArdle. 6. Attorney for Petitioner: None. 7. City Council Members/Staff: Alderman Andrew Glab. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on November 21, 1998. Publisher's Certificates 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. LOCATI ON The subject property is located at 2103 West Route 120, McHenry, Illinois 60050. It is comprised of .43 acres and has 75 feet of frontage on Route 120. It is immediately adjacent � to the Adams Outdoor Power Equipment Company located at 2103 W. Route 120. Page 2 . ' ZBA-Adams/City 12/7/98 SUMMARY The Petitioners are seeking a map amendment to reclassify the subject property to C5 Highway `-- Commerc+al Zoning District with a Conditional Use Permit to allow Outdoor Storage and an Open SalE�s Lot. TESTIMONY City Planner Maggio explained the request for reclassification and conditional use is a direct result of a McHenry County purchase of right-of-way of a portion of the Adams Outdoor Power Equipment property on the east property line. The property purchased will be used during the construction of the East McHenry Bypass To compensate for the loss of property on the eastern property line, additional property to the west was acquired. The parcel to the west which would be incorporated in the Adams Outdoor Power Equipment site, is the subject property c�f this Petition before the Board. The City annexed Adams Outdoor Power Equipment in 1995 as part of the East of the River Annexations. At that time C5 Highway Commercial Zoning with a Conditional Use Permit for Outdoor Storage and an Open Sales Lot were granted. On November 4, 1998 the City Council at its regularly scheduled meeting annexed the .43 acre portion of this site which is before the Board this evening. The Petitioners' request would bring the .43 acre parcel into conformance with the remainder of this commercial site. QUESTIONS BY MEMBERS OF THE BOARD There were no questions by members of the Board. `'' 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 Lovett, seconded by Meyer, to recommend to the City Council that the Petitioner's request for a reclassification to C-5 Highway Commercial Zoning District be granted; that a Conditional Use Permit to allow Outdoor Storage and an Open Sales Lot be granted; that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, has been met; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358, has been met. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. � Page 3 ' - � ZBA-Adams/City 12/7/98 ADIOURNMENT `-- Motion by Cadotte, seconded, by Lovett, to adjourn the hearing at 8:19 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. The hearing was adjourned at 8:19 p.m. Respectfully su � itted, � Harry Se ow, Chairman Zoning B ard 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, Star Newspaper, File Copy. Z-462 � �. ZONING BOARD OF APPEALS � ' DECEMBER 7, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-461 JEFF MUSIELAK, PROPERTY OWNER, AND ) Musielak/City of McHenry `— THE CITY OF MCHENRY, FOR A MAP ) 3503 Fairway Dr. AMENDMENT, PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF MCHENRY, ) Map Amendment 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 December 7, 1998. Chairman Semrow called the hearing to order at 8:20 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Paula Ekstrom, John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio. 5. Petitioner: City of McHenry represented by Planner Maggio and Attorney McArdle. � 6. Attorney for Petitioner: None. 7. City Council Members/Staff: Alderman Andrew Glab. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on November 21, 1998. Publisher's Certificates 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 located at 3503 Fairway Drive, McHenry, Illinois 60050. It is currently improved with a single family residence. � Page 2 � ZBA-Musi?lak/City 12/7/98 SUMMARY The Petitioners are seeking a map amendment to reclassify the subject property to RS-2 `-- Medium Density Single Family Residential. TESTIMONY City Planner Maggio explained upon analysis of City records, it was discovered the subject property had not been annexed into the City. It was a part of the Fairchild Estates subdivision and was overlooked when the rest of the subdivision was annexed into the City in 1979. Maggio n��ted the requested zoning is the same as all abutting properties. The property is developed as a single family residence connected to City water and sewer. The house erected on the sit�� was constructed as a result of a City of McHenry building permit being issued; however, �o City property taxes have ever been paid, as it has not been annexed into the City. The City Council at its September 30, 1998 regularly scheduled meeting approved the annexation of this property. The request for recommendation before this Board will complete the process and bring the property into conformance with the zoning of the surrounding property. QUESTIONS BY MEMBERS OF THE BOARD There were no questions by members of the Board. 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 memk�er 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 Petitioner's request for a reclassification to RS-2 Medium Density Single Family Zoning District be granted, and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. �.• Page 3 " ZBA-Musi?lak/City 12/7/98 AD OURNMENT \.. Motion b}� Cadotte, seconded, by Lovett, to adjourn the hearing at 8:24 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. The hearing was adjourned at 8:24 p.m. Res ull sub ' ted, � ���' Harry Sem , 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, Star Newspaper, File Copy. Z-461 � �