HomeMy WebLinkAboutMinutes - 11/4/1996 - Zoning Board of Appeals (2) .,.
• ZONING BOARD OF APPEALS
NOVEMBER 4, 1996
CITY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF )
WALTER J BOLGER, OWNER OF RECORD, AND ) Z-419
JOSEPH T DIESCHBOURG, CONTRACT ) BOLGER/DIESCHBOURG
PURCHASER, FOR RECLASSIFICATION, ) SOUTH OF FOXVIEW HIGHLANDS
PURSUA'�T TO THE ZONING ORDINANCE OF ) RS-2
THE CITY OF MCHENRY, MCHENRY COUNTY, )
� ILLINOIS. �
REPORT OF THE
ZONINC BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on November 4, 1996. Chairman
Semrow c:alled the hearing to order at 8:18 p.m. The following persons were in attendance:
1 . Zoning Board Members: Thomas Burr, Randy Christensen, Chuck Lovett, Frank
McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: None.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer
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4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: Joseph T. Dieschbourg, Midwest Horizon Builders, 25092 Ivy Lane
Hawthorn Woods, Illinois 60047.
6. Attorney for Petitioners: Diamond, LeSueur, Roth and Associates, represented by John
Roth, 3431 W Elm St McHenry Illinois 60050.
7. City Council Members: None.
8. Court Reporter: Ginger Gaiser, P O Box 190, Wonder Lake Illinois 60097.
9. Objectors:
1. Mark Hartmann, 1311 Hilltop Blvd, McHenry Illinois 60050.
2. Pam Freund, 3110 W State Park Rd, McHenry Illinois 60050.
3. Jerry Rhea, Nunda Hiway Comnr, 3518 Bay Rd, Crystal Lake Illinois 60014.
4. Mary Meyer, 1200 S Hilltop Blvd, McHenry Illinois 60050.
5. )eff Fluger, 3206 Hunter Path, McHenry Illinois 60050.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on October 20, 1996.
�'' Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's
Office. I�otices were mailed to all abutting property owners and the subject property was
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.
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ZBA-Bolger/Dieschbourg
11/4/96
L.- LOCATION OF THE SUBIECT PROPERTY
The subject property is located adjacent to and immediately south of Foxview Highlands
Subdivision and is currently zoned A-1 according to the McHenry County Zoning Ordinance.
SUMMARY
The Petitioner is requesting that the subject property which is comprised of approximately 11,2
acres be reclassified from A-1 Agricultural in the county to RS-2 Medium Density Single Family
Residential in the City upon annexation to the City of McHenry.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
1) Joseph T. Dieschbourg, 25092 Ivy Lane, Hawthorn Woods Illinois 60047.
Attorney Roth stated that an annexation agreement has been filed with the office of the City
Clerk. The Petitioners are requesting that the City grant RS-2 zoning for the subject property
upon annexation to the City. The annexation agreement is currently being reviewed by city
staff. The Petitioners are seeking to extend Hilltop Blvd through to State Park Road. It is the
belief of the Petitioners that the installation of this extension would assist with traffic
congestion at Bull Valley Road at its intersection with Green Street. It should also alleviate
traffic buildup during the construction of the Bull Valley Road connector. Dieschbourg said
there is no preliminary plat of subdivision at this time.
`- Dieschbourg said that due to various constraints caused by the topography of the land,
drainage, utility and conservation easements, it would be difficult to plat as many lots on this
piece of land as the RS-2 zoning would allow. He said he believes that the maximum number
of lots which would eventually be platted on this property would be 16 lots. There are no
wetlands on this property. Drainage and detention would follow the provisions of the
Subdivision Control Ordinance. Dieschbourg said that he believes at this time that there
would be 5 houses on either side of the Hilltop extension. There would be 6 one-acre
homesites which would each have access off of State Park Road. These six lots would be long
rectangular lots. The rear portion of these lots could actually be set up as a part of a
conservancy overlay area - and be used as an open space and underground utilities.
Dieschbourg said that he would enforce the same type of covenants he has enforced in
Foxview Highlands.
Roth went over the Approval Criteria as stated in the Petition.
QUESTIONS BY MEMBERS OF THE BOARD
McClatchey said the Petitioner is planning 16 lots for this property. Is the Petitioner willing
to limit the number of lots in this subdivision to 16? Dieschbourg said the terrain of the land
dictates the number of lots. There could not be more than 16 lots. McClatchey asked if the
Petitioner knew when he would start building in this subdivision. Dieschbourg said there is
no potential start date at this time. McClatchey asked if open space has been planned for on
this property. Dieschbourg said there would be approximately 4 acres of open space. Roth
� said if the Plan Commission dictates that park land be dedicated at the time of platting, the
Petitioner would have to comply.
Lovett said the 6 lots which would abut State Park Road would have access to State Park Road.
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ZBA-Bolger/Dieschbourg
11/4/96
Dieschbourg said that is correct. All lots would be at least 1/4 acres as required by RS-2
�. zoning.
Swierk asked what guarantee the city has that the lots along State Park Road would be 1 acre
lots if the zoning only requires 1/4 acre lots. Dieschbourg said there is no guarantee as to
those lots being 1 acre in size. Swierk asked what assurance the city has that the Petitioner
would limit the project to 16 lots. McArdle said that it is not possible to limit the number of
lots to less than required by the zoning ordinance. That matter could be addressed in the
annexatic>n agreement. Swierk asked why no preliminary plat of subdivision has been
presented to the Board. Dieschbourg said he is not planning to develop the property
immediately other than put in the Hilltop Road extension to State Park Road. Roth said the
only matter before this Board is the zoning of this property - is RS-2 appropriate and the best
use of this land.
Burr asked if staff had recommended that Hilltop Road be extended. Dieschbourg said that
is correct. Semrow asked if there would be a problem with constructing the road over the
natural gas pipeline. Dieschbourg said that the gas company has given approval to this plan.
Lovett asked if all driveways accessing State Park Road would also be constructed over the
pipeline. Dieschbourg said that is correct. Whatever is required by the gas company in order
to construct these driveways would be complied with.
QUESTIONS BY OBSERVERS/OBIECTORS OF THE PETITIONER
lerry Rhea: Why can't the Petitioner develop the property first before putting in the road
\.- connecting to State Park Road. Dieschbourg said they are not prepared to develop the
property at this time; however, it was the consensus of staff that the Hilltop Road extension
would be advantageous to the residents of Foxview Highlands as well as the residents of
McHenry Shores, in order to gain access to the south. Rhea asked the number of lots which
are currently undeveloped in Foxview Highlands. Dieschbourg said of the total of 37 lots,
there are 16 which have not been issued building permits.
leff Freund: He resides at 3110 State Park Road and asked how many neighbors he would
have when this subdivision is developed. Dieschbourg said he would have one new neighbor
as a result of this development. The lots along State Park Road would be very deep and
approximately 80 feet wide. Freund said the surface water runoff currently feeds the wetlands.
Would the wetlands be impacted by this development. Dieschbourg said by ordinance they
would not be permitted to negatively impact the wetlands.
Mary Meyer: She inquired how her children would be able to play outside if Hilltop Road is
extended. This would increase the traffic in the area. Roth said he is not sure if the extension
would cause increased traffic in the area. This will not become a cut-through street. All
construction traffic would enter Foxview Highlands from State Park Road and this should
decrease traffic in McHenry Shores, not increase it.
Pam Freund: The creek which runs along State Park Road, how will it be maintained? She
explained that they have the largest culvert possible in their driveway, and they still experience
� high water problems during heavy rains. Dieschbourg said water detention would be handled
upstream by the provisions of the Subdivision Control Ordinance. Dieschbourg said that
property drainage and detention would be better than it currently is for the adjacent properties.
' �° Page 4
ZBA-Bolger/Dieschbourg
1 1/4/96
eff Flu er: Where is the advantage to McHenry Shores residents in the construction of this
`., development and the Hilltop road extension? Dieschbourg said the road extension would help
anyone going south from McHenry Shores or Foxview Highlands. Fluger said he would prefer
that Hilltop end in a cul-de-sac rather than extend to State Park Road.
CLOSING STATEMENT BY PETITIONER
Roth said that the Board has before them a proposal to reclassify the subject property upon
annexatian from A-1 in McHenry County to RS-2 Single Family Zoning District. In the RS-2
District 10,890 square foot lots are permitted. Because of the characteristics of the land, much
less than the permitted number of lots are being proposed. The zoning requested is in keeping
with the adopted Comprehensive Plan of the City.
STATEMENTS BY OBSERVERS/OBIECTORS
Chairman Semrow swore in the following Objectors prior to statements being made:
1] )erry Rhea, Nunda Township Highway Commissioner, 3518 Bay Road, Crystal Lake IL
60014.
2] Mark Hartmann, 1311 Hilltop Blvd, McHenry IL 60050.
lerry Rhea: "Before being notified of this hearing, I saw a swatch of land being carved through
to State Park Road from Hilltop Blvd. in Foxview Highlands. This concerns Nunda Township;
it concerns the residents who currently live along State Park Road. It also concerns the
conservation district. This development could cause irreparable damage to this area.
Construction traffic traveling on this extension to State Park Road could cause damage to State
L.. Park Road. Load limits would be exceeded. State Park Road was recently repaved and this
heavy traffic could ruin the road. The installation of this extension could destroy the
relationship between the township and the city. I recommend that the developer put in a cul-
de-sac. Water drainage problems would also have to be addressed. No one would be served
by the extension of Hilltop Blvd. to State Park Road. There are more disadvantages than there
are advantages."
Mark Hartmann: "I am concerned about the road extension. Why is the Petitioner seeking
re-classification when he is not sure exactly how the land would be developed? Why doesn't
he have a plat prepared to present to this Board? The City really doesn't know what it is
getting into with regard to this development. No concrete plan has been provided. I have
concerns regarding the manner in which Foxview Highlands was developed. There is
constantly debris all over the place. I believe the developer should finish the Foxview
Highlands development prior to taking on this new development. He begins construction
before 7 a.m. daily and ends after dark. He does not maintain a clean worksite as required
by ordinance."
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."
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. ZBA-Bolger/Dieschbourg
11/4/96
DELIBERATION AND RECOMMENDATION
�. Motion by Swierk, seconded by McClatchey to recommend to the City Council that
the Petitioner's request that the subject property be reclassified from A-1 in McHenry
County to RS-2 Single Family Residential Zoning District upon annexation to the City
of McHenry be granted; and that Table 33, the Approval Criteria for Zoning
Amendments, page 401 of the Zoning Ordinance have been met.
Discussion on the Motion:
Swierk said there is a lack of information being provided by the Petitioner. A Plat of
Subdivision should have been provided to this Board. McArdle said the Petitioner is seeking
zoning for the property - that is the only matter before this Board at this time. Tobeck asked
the potential time frame for development of this property. Dieschbourg said there is no time
frame yet. Tobeck asked if Foxview Highlands would be completed prior to beginning this
development. Dieschbourg said he would like to put in the road prior to completion of
Foxview Highlands.
Voting on the Motion:
Voting Aye: None.
Voting Nay: Burr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck.
Not Voting: None.
`- Abstaining: None.
Absent: None.
Motion fai led 0-7. .
ADIOURNMENT
Motion by Christensen, seconded by Tobeck to adjourn this hearing at 9:38 p.m.
Voting Aye: Burr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Semrow said "there being nothing further before this Board with regard to the
Petition, this hearing is adjourned at 9:38 p.m.
Respectfully s bmitted,
Harry emrow, Chairman
Zoning Board of Appeals
�-' c: AgE�nda, Zoning Board of Appeals Members (7), Plan Commission Members (7), City
Adrninistrator, Director of Building & Zoning, PW Administration (4), City Engineers,
Aldermen Reference Copy, Petitioner, Objectors (5),B & Z Zoning File, Landmark
Cornmission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z-419