HomeMy WebLinkAboutMinutes - 10/12/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS
OCTOBER 12, 1998
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION OF ) Z-459
� LARRY DRAKE FOR A VARIANCE, PURSUANT ) Larry Drake
TO THE 7_ONING ORDINANCE OF THE ) 5919 W Martin Road
CITY OF 'v1CHENRY, MCHENRY COUNTY, ) Variance
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 October 12, 1998. Chairman Semrow
called the hearing to order at 7:30 p.m. The following persons were in attendance:
1 . Zoning Board Members: George Cadotte, Paula Ekstrom, John Howell, Chuck Lovett,
Harry Semrow. Absent: Randy Christensen, Jon Meyer.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
5. Petitioner: Mr. Larry Drake, 5919 West Martin Road, McHenry, Illinois 60050.
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6. Attorney for Petitioner: None.
7. City Council Members: Alderman Andy Glab.
8. Court Reporter: None.
9. Registered Observers/Objectors: None.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on September 25, 1998.
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 located at 5919 West Martin Road, McHenry, Illinois 60050, and is
improved with a single family residence.
SUMMARY
The Petitioner is requesting the granting of a variance to permit an in-ground swimming pool
� between the side of the house and the side property line.
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ZBA-Drak:e
10/12/98
TESTIMONY
� Chairman Semrow swore in the following witness for the Petitioners:
1. Mr. Larry Drake, 5919 West Martin Road, McHenry, Illinois 60050.
Mr. Drake stated he purchased this property with the hope of putting in an in-ground
swimming pool. The Homeowners Association has approved his plan. He has also received
permission from the McHenry County Department of Health as to the proposed location of the
pool in proximity to his septic field. He noted he can not put the pool behind the house, due
to the location of his septic field, the large grove of trees in his back yard and the location of
the neighk�orhood detention area, which encompasses almost fifty percent of his rear yard. He
stated the pool would be constructed in the area currently being used as a portion of his
driveway. Mr. Drake spoke to his neighbors about his proposal and they indicated they
believe it would increase all property values in the area.
QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD
Lovett asked what type of fencing would be used to enclose the pool. Mr. Drake stated there
would be a six-foot cedar privacy fence on the front and east side. The rear and west side
would be fenced with a vinyl-coated chain link fence.
In response to an inquiry from Semrow, Mr. Drake stated tearing out the trees in his rear yard
to make room for a pool would not improve the area.
Attorney McArdle stated the only place a pool is permitted by ordinance is behind the house.
� The Petitioner is before this Board in order to request that a variance be granted to
accommodate a pool in the area between the side of his house and his side property line.
A general discussion followed regarding the Community Development Department's report as
far as possible locations of pools. Staff believes the Ordinance allows pools and other
accessory structures anywhere inside of the required setbacks on a given lot. It was the
consensus of the Zoning Board to review applications for pool locations which are not behind
the house on a case by case basis.
Chairman Semrow stated, "there being no further testimony before this Board with regard to
this Petition, the Board will consider this Petition 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 Howell, to recommend to the City Council that
the Petitioner's request that the subject property be granted a variance to permit an in-
ground pool in the area between the side of the house and the side property line; and
that Table 32, The Approval Criteria for Variances, on pages 377-378, have been met.
Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Semrow.
Voting Nay: None.
� Not Voting: None.
Abstaining: None.
Absent: Christensen, Meyer.
Motion carried 5-0.
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ZBA-Drake
10/12/98
ADIOURNMENT
� Motion by Ekstrom, seconded by Lovett, to adjourn.
Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Christensen, Meyer.
Motion carried 5-0. This hearing of the Zoning Board of Appeals was adjourned at 7:50 p.m.
Respectfully s mitted,
�
Harry S row, Chairman
Zoning Board of Appeals
c: Zoriing 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-459
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