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Home My WebLink AboutMinutes - 12/2/1996 - Zoning Board of Appeals \ � _ � `��. � ZONING BOARD OF APPEALS DECEMBER 2, 1996 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) LONNY AND ANGEL NICHOLLS FOR A MINOR ) Z-417 ZONINC� VARIATION, PURSUANT TO THE ) NICHOLLS 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 2, 1996. Chairman Semrow called the hearing to order at 7:47 p.m. The following persons were in attendance: 1 . Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk. Absent: Thomas Burr, Chuck Lovett, Donna Tobeck. 2. Attorney for Zoning Board: Michael Chmiel. 3. Recording Secretary: Kathleen M. Kunzer � 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: Lonny and Angel Nicholls, 1317 Oakwood Drive, McHenry Illinois 60050. 6. Attorney for Petitioners: None. 7. City Council Members: City Administrator Jordan. 8. Court Reporter: None. 9. Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on November 16, 1996. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. LOCATION OF THE SUBIECT PROPERTY The subject property is located at 1317 Oakwood Drive, McHenry, Illinois, 60050 and is currently zoned RS-2 Residential Zoning District. � ' Page 2 ZBA- Nic;holls 12/2/96 � SUMMARY The Petitioner is requesting that the subject property be granted a variance to permit an interior sideyard setback of 6 feet from the south property line. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) Lonny Nicholls, 1317 Oakwood Drive McHenry Illinois 60050. 2) Angel Nicholls, 1317 Oakwood Drive McHenry Illinois 60050. Mr. Nicholls said that the reason they are seeking a variance is due to the fact that the configuration of their lot is unusual. It is pie-shaped. In order to add a two-car garage, they would not be able to maintain the required 10 feet or 10% setback from the south property line. The lot is approximately 130 feet wide at the front property line. In order to build the garage, they are requesting a variance to permit a 6 foot setback from the south property line. Nicholls said it would increase the aesthetic value of the neighborhood and ultimately it would increase his property value. Lobaito said that the neighbor to the immediate south of the subject property has an attached garage which is located just a little over 8 feet from the property line which is in question at this hearing. There would be 14 feet between buildings if the variance is granted. Lobaito said that most lots in the neighborhood are rectangular in shape and are 80 feet wide. The �— unusual shape of the lot is what causes the need for the variance. Chairman Semrow said, "there being nothing further before this Board with regard to the Petition, the Board will consider the 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 Swierk, seconded by McClatchey to recommend to the City Council that the Petitioner's request for a minor variation to allow a 6 foot interior sideyard setback at the south property line be granted; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance have been met. Voting Aye: Christensen, McClatchey, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, Lovett, Tobeck. Motion carried 4-0. . � � Page 3 ZBA-Nicnolls 12/2/96 � ADIOURNMENT Motion k�y Christensen, seconded by McClatchey to adjourn this hearing at 7:58 p.m. Voting Aye: Christensen, McClatchey, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, Lovett, Tobeck. Motion carried 4-0. Chairman Semrow said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 7:58 p.m. Respectfully submitted, �� Harry mrow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Director of Building & Zoning, PW Administration (4), City Engineers, � Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z- 417 � ZONING BOARD OF APPEALS DECEMBER 2, 1996 CITY OF MCHENRY � IN THE ;'v1ATTER OF THE APPLICATION OF ) LEROY E OLSEN, AS TRUSTEE UNDER THE ) PROVISIONS OF THE LEROY E OLSEN TRUST ) DATED OCTOBER 10, 1992, AND MARION J. ) Z-418 OLSEN, AS TRUSTEE UNDER THE PROVISIONS ) OLSEN/CANNON/MAZRIN OF THE MARION J. OLSEN TRUST DATED ) 313 N FRONT ST OCTOBER 10, 1992, AND SUZANNE M. ) MAP AMENDMENT CANNON AND JUDITH MAZRIN, CONTRACT ) PURCHASERS FOR A MAP AMENDMENT ) UNDER THE PROVISIONS OF 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, IILINOIS A hearing on the above-captioned petition was held on December 2, 1996. Chairman Semrow called the hearing to order at 7:33 p.m. The following persons were in attendance: � 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Thomas Burr, Chuck Lovett, John Swierk (excused for cause). 2. Attorney for Zoning Board: Michael Chmiel. 3. Recording Secretary: Kathleen M. Kunzer 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: Suzanne M. Cannon and Judith H. Mazrin, 3726 W Elm St, McHenry IL 60050. 6. Attorney for Petitioners: Militello Zanck and Coen, represented by Thomas Zanck, 40 Brink Street Crystal Lake IL 60014. 7. City Council Members: City Administrator Jordan. 8. Court Reporter: None. 9. Objectors: None. `-' NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on November 11, 1996. Publisher s Certificate of Publication is on file with regard to this matter in the City Clerk's Office. tiotices were mailed to all abutting property owners and the subject property was Page 2 ZBA-Olsen/Cannon/Mazrin 12/2/96 � posted with a sign as required by City ordinance. Affidavit of compliance with regard to notification requirements is on file in the office of the City Clerk. LOCATION OF THE SUBIECT PROPERTY The subject property is located at 313 North Front Street, McHenry, Illinois, 60050 and is currently zoned RS-3 Residential Zoning District. SUMMARY The Petitioners are requesting that the subject property be reclassified from RS-3 Residential Zoning District to C-5 Highway Commercial Zoning District. The property is comprised of approximately 4.7 acres. TESTIMONY Attorney Zanck stated that the petitioners ask that the subject property be reclassified to C-5 Highway Commercial. The property is currently being used as a residence. The Contract Purchasers are planning to build a shopping center on the site. The proposed commercial zoning is compatible with surrounding uses and is in compliance with the Comprehensive Plan of the City. The trend of development in this area is commercial. Chairman Semrow swore in the following witness for the Petitioners: 1] John Swierk, Direct Design Ltd, 3922 W Main St McHenry Illinois 60050. � Swierk presented a concept plan of the proposed shopping center. He stated that the proposed plan meets or exceeds all bulk and area requirements of the Zoning Ordinance. He stated that Steffans )ewelers and Worldwide Traveller will be located in the middle portion of the shopping center. There would be leasable spaces on either end. Swierk stated that what is being proposed is an upscale facility. CLOSING STATEMENT BY PETITIONERS Attorney Zanck stated that the Petitioners would re-affirm all of the statements made within the Petition. They would respectfully request that the Board consider their request at this time. Chairman Semrow said, "there being nothing further before this Board with regard to the Petition, the Board will consider the 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 McClatchey, seconded by Tobeck to recommend to the City Council that the Petitioner's request for a reclassification from RS-3 Residential Zoning District to C-5 Highway Commercial Zoning District be granted; and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance have been met. `.. Page 3 Z BA-O I se n/Can n o n/Maz r i n 12/2/96 � Voting Aye: Christensen, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thomas Burr, Chuck Lovett, John Swierk (excused for cause). Motion carried 4-0. . ADIOURNMENT Chairman Semrow said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 7:44 p.m. Respectfully submitted, <-� ' �� Harry mrow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Director of Building & Zoning, PW Administration (4), City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission `- Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z- 418 �