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HomeMy WebLinkAboutMinutes - 7/7/1997 - Zoning Board of Appeals . ' ZONING BOARD OF APPEALS JULY 7, 1997 CITY OF MCHENRY `— IN THE MATTER OF THE APPLICATION OF ) Z-429 THE CITY OF MCHENRY FOR A TEXT ) City of McHenry AMENDP�IENT, PURSUANT TO THE ZONING ) Text Amendment ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) Sign Regs 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 16, 1997 and was recessed to this date. Chairman Semrow called the hearing to order at 7:30 p.m. The following persons were in attendance: 1. Zc�ning Board Members: George Cadotte, Paula Ekstrom, John Howell, Chuck Lovett, )on Meyer, Harry Semrow. Absent: Randy Christensen. 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer �' 4. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Phillip Maggio. 6. Petitioners: John Lobaito, representing the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 7. Attorney for Petitioners: David W. McArdle. 8. City Council Members: None. 9. Court Reporter: None. 10. Objectors/Observers: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 1, 1997. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. SUMMARY The Petitioner is requesting a text amendment to the City of McHenry Zoning Ordinance as fol lows: �'` Chapter IX, Signs: 1 Increase the number of permitted wall signs from one to two; 2 Reduce the maximum height of pole signs from 25 feet to 15 feet; � Page 2 � ' ZBA-Text/Signs 7/7/97 3. Include the area of canopy signs when calculating the total allowable sign area; 4. Clarify the sections dealing with portable and temporary signs; `-- 5. Establish a regular setback of 5 feet for ground signs. 6. Other attendant changes as described in revised Table 18, Standards for Non-Exempt Signs. TESTIMONY Lobaito suggested that the Chairman open the floor to discussion regarding the proposed amendments to the sign ordinance. GENERAL DISCUSSION Semrow asked why staff was recommending a 5 foot setback for all ground signs. Lobaito said the change is being proposed for ease in administration. There are currently several different setbacks contained in the ordinance: 0', 5', 7' and 1/3 of required yard. Maggio noted that with the recent addition of the Business Park and Hospital Care Districts, there have been changes to the sign ordinance which are in conflict with existing requirements. In order to clarify and remove conflicts the attached amendments are being proposed. Lobaito provided general background regarding the history of the proposed sign ordinance changes. He noted that due to the frequency of requested sign variations before the City Council, it was recommended by Council that the Building & Zoning Committee look at the sign ordinance and recommend proposed changes in order to reduce the possible number of `-' variations being requested. Last year the Building & Zoning Committee extensively reviewed the sign ordinance. The proposed amendments are the result of that review. Initially, the Building & Zoning Committee reviewed the wall sign requirements and maximum height for pole signs. However, the review has evolved to the amendments before the Board tonight. Meyer said the current ordinance permits wall signs which extend a maximum of 1 foot from the wall. It would appear that the proposed amendments eliminate that restriction. Maggio said the definition of wall sign establishing this restriction covers this point. Maggio said that an attempt was made to eliminate crossover of information or duplication from the sign ordinance whenever possible. If the information is covered in "definitions" there is no longer dual coverage in the sign ordinance. Cadotte noted a conflict between the setback requirement for Shopping Center Development Sign: Table 18 requires a 5' setback; footnote #7 requires a 7' setback. Lobaito said footnote #7 is correct and Table 18 should be corrected accordingly. Lovett asked why the Development Entrance Sign for a Health Care District has a maximum size of 140 square feet. The maximum size for a Business Park District Development Entrance Sign is 100 square feet. He said that it was his understanding that the HC District was modeled after the BP District. The signage for both districts should be identical. there should be no preferential treatment given to the HC District. Lovett said that if the 140 square feet is correct for the HC District, the BP District Development Entrance Sign should be amended �' so that both Development Entrance Signs are the same. Semrow said that he believed the signs should bE� consistent in both of these districts. Page 3 � ZBA-Text/Signs 7/7/9 7 Lobaito said with regard to Agenda Supplement Paragraph 2, the number of permitted wall signs in a commercial district, the intent is that the maximum allowable square feet per `- business will not change. Stand alone commercial businesses would be permitted to have two wall sign5 provided the combined total does not exceed the maximum allowed for the site. In additicn, exterior corner tenant spaces in shopping centers would have the same privilege. Chairmar� Semrow said "there being no further testimony before this Board with regard to this Petition, the Chair will entertain a motion with regard to the Petition 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 this Petition." DELIBERATION AND RECOMMENDATION Motion by Lovett, seconded by Meyer to amend the City of McHenry Sign Ordinance with regard to Table 18, Business Park Uses, Development Entrance Sign as follows: 1. Area: from a maximum of 100 square feet to 140 square feet. 2. Height: from a maximum of 6 feet to 15 feet. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen. Motion carried 6-0. � Motion by Meyer, seconded by Howell to recommend to the City Council that the City of McHenry Zoning Ordinance be amended as follows: Chapter IX, Signs: 1. Increase the number of permitted wall signs from one to two; 2. Reduce the maximum height of pole signs from 25 feet to 15 feet; 3. Include the area of canopy signs when calculating the total allowable sign area; 4. Clarify the sections dealing with portable and temporary signs; 5. Establish a regular setback of 5 feet for ground signs, except for shopping centers which shall be 7 feet. 6. Other attendant changes as described in revised Table 18, Standards for Non-Exempt Signs. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen. �" Motion carried 6-0. � Page 4 - - ZBA-Text/Signs 7/7/97 ADIOURNMENT �-- There being nothing further before the Board with regard to this matter, this hearing was adjourne�� at 8:10 p.m. Respectfully submitted, �E��� , 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, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z-42 9 L � ' ZONING BOARD OF APPEALS JULY 7, 1997 CITY OF MCHENRY �_, `-- IN THE MATTER OF THE APPLICATION OF ) Z-430 ` THE CITY OF MCHENRY FOR A TEXT ) City of McHenry AMENDMENT, PURSUANT TO THE ZONING ) Text Amendment ORDINANCE OF THE CITY OF MCHENRY, ) `-' MCHENRY COUNTY, ILLINOIS. ) Filing Procedures 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 16, 1997, and was recessed to this date. Chairman Semrow called the hearing to order at 8:10 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: Randy Christensen. 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer `- 4. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Phillip Maggio. �" 6. Petitioners: John Lobaito, representing the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 7. Attorney for Petitioners: David W. McArdle. 8. City Council Members: None. 9. Court Reporter: None. 10. Objectors/Observers: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 1, 1997. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. , � � . Page 2 • ZBA-Text/Filing Procedures 7/7/97 SUMMARY The Petitioner is requesting a text amendment to the City of McHenry Zoning Ordinance as `-- follows: 1. Establish a requirement for written notification to adjoining property owners for Minor Variances: Chapter II(F)(2) on page 35 - Delete the words "except in the case of �-' applications for Minor Variances" from the first sentence; 2. Allow the City to assume greater responsibility for giving public notice for all requests that require a public hearing: a. Chapter II(C)(3)(A) of page 31 - Delete the words "The applicant shall comply", and replace with the words "The applicant shall ensure the compliance"; b. Chapter II(D) of page 33 - Insert the words "publication costs", after the words "legal services", in the second paragraph; c. Chapter II(F) of page 34 - Delete the words "must provide", and replace with the words "shall ensure the provision of" in the first paragraph; d. Chapter II(F)(3) of page 35 - Delete the words "The applicant shall publish", and replace with the words "The applicant shall ensure the publication of"; �' e. Chapter II(F)(4) of page 35 - Delete the words "The applicant shall file", and replace with the words "the applicant shall ensure that the following items have been filed"; `" 3. Correct language concerning the vote required at the City Council to approve a zoning request: Chapter II(C)(4) on page 32 - Delete the last sentence "In all other cases, the concurrence of a majority of all members then holding office on the City Council including the Mayor shall be required." from the second paragraph. GENERAL DISCUSSION Maggio said that the purpose of this Petition is to amend the Filing Procedures for matters coming before the Zoning Board for action. ITEM #1: ESTABLISH A REQUIREMENT FOR WRITTEN NOTIFICATION TO ADIOINING PROPERTY OWNERS FOR MINOR VARIANCES Maggio said that minor variances involve single family residents who seek a variation on their property. Currently notification for those seeking a minor variation is only required to be public notice in the local newspaper. Staff is recommending that notice by certified mailing or hand delivery to adjoining property be done as well. Maggio said he believes neighbors should be notified of a possible minor variation request. Cadotte asked who would do the notification - the City or the Petitioner. Maggio said the �-' Petitioner would do the actual notification by either certified mailing. � , Page 3 • ZBA-TexdFiling Procedures 7/7/97 Motion by Meyer, seconded by Lovett to recommend to the City Council that `-- the City of McHenry Zoning Ordinance be amended as follows: Chapter II(F)(2) on page 35 - Delete the words "except in the case of applications for Minor Variances" from the first sentence. � Voting Ave: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Votirig: None. Abstaining: None. Absent: Christensen. Motion carried 6-0. ITEM #2: ALLOW THE CITY TO ASSUME THE RESPONSIBILITY FOR DRAFTING AND PUBLISHING THE PUBLIC NOTICE IN THE NEWSPAPER FOR ALL REQUESTS THAT REQUIRE A PUBLIC HEARING Semrow said he had serious concerns regarding liability should the City take on this responsibility. McArdle said very few cities would take on such a responsibility. It would open the City up for liability of statutory violations. It was the consensus of the Board that the City could end up in litigation, accumulate attorney's fees, etc. Semrow said this is potentially an inauspicious provision if implemented in the City Ordinance. Meyer said he agreed with the need to help the public to get through the process, however it should not be at the expense of causing the City possible litigation. `- Cadotte said he would be in favor of assisting the homeowner in their publication to assure that the requirements are met, but he was not comfortable in taking on the entire process for all Petitioners. Lovett said he was not convinced the Ordinance should be amended as to the � publication requirements. Semrow said he is not comfortable taking the onus of responsibility off of the developers. The City should not be expending tax dollars to help developers. Lobaito said he felt these revisions should be included in a revised ordinance. He said Carol Stream had such an ordinance. Howell asked if there could be another way to accomplish the correct and timely publication of notice prior to hearings without incurring all of the liability. Semrow suggested the city could consider doing the publication for residents seeking a Minor Variation. Any other Petitioners should be required to take care of their own publication. Lobaito said inaccurate and incomplete Petitions are being submitted which consume much staff time. Lobaito strongly endorsed the inclusion of this provision into the Zoning Ordinance. Howell suggested that the City could do all publications but that a waiver be drafted which would eliminate City liability from publication requirements. Semrow said he is not in favor of varying from the existing process which has worked for many years. Semrow said that he envisioned this provision creating an argument for employment of additional personnel. Meyer said the City is here to serve the Community. The Building Department can not just �'' turn people away with incomplete petitions and tell them to come back when they get it right. There must be a way to accomplish getting the publications correct and assisting the community as well. �. . Page 4 - ZBA-TexdFiling Procedures 7/7/97 Lovett asked that the Board consider tabling this matter until such time as the issue of City liability is addressed and that Staff provide ordinances form other communities where this `-- policy has been adopted and in use for at least one year. Motion by Cadotte, seconded by Lovett, to recommend that the Petitioners request for a text amendmf�nt to modify public hearing notification procedures be deferred to until August 4, � 1997, 7:30 p.m. Municipal Center Council Chambers. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen. Motion carried 6-0. This matter was recessed until August 4, 1997, 7:30 p.m., Municipal Center, Council Chambers. ITEM #3: CORRECT LANGUAGE CONCERNING THE VOTE REQUIRED AT THE GTY COUNCIL TO APPROVE A ZONING REQUEST McArdle stated that this amendment would bring the zoning ordinance in line with the state statute. The zoning ordinance contradicts State Statute in this respect. Lobaito noted that the Mayor has never voted on a zoning request, unless there is a tie. `— Motion bv Meyer, seconded by Ekstrom, to recommend to the City Council that the City of McHenry Zoning Ordinance be amended as follows: � Chapter II(C)(4) on page 32 - Delete the last sentence "in all other cases, the concurrence of a majority of all members then holding office on the City Council, including the Mayor, shall be required." from the second paragraph. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen. Motion carried 6-0. RECESS Motion by Lovett, seconded by Ekstrom to recess this hearing until August 4, 1997 at 7:30 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. `' Absent: Christensen. � _ Page 5 • ZBA-Text/Filing Procedures 7/7/97 Motion carried 6-0. �" Respectfully submitted, � 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, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z-430 � � � �...