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Home My WebLink AboutMinutes - 9/9/1996 - Zoning Board of Appeals � �. - ZONING BOARD OF APPEALS - � SEPTEMBER 9, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) `-- OF THE CITY OF MCHENRY FOR A ) Z-415 ZONING MAP AMENDMENT UPON ) CITY OF MCHENRY ANNEXATION TO THE CITY OF ) MAP AMENDMENT MCHENRY, PURSUANT TO THE ) ZONING QRDINANCE OF THE CITY OF ) 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 petidon was held on September 9, 1996. Chairman Semrow called the hearing to order at 7:32 p.m. The following persons were in attendance: 1. Zoning Board Members: Thomas Burr, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. `— 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioners: City of McHenry represented by John A. Lobaito, Director of Building & Zoning, 333 S Green Street, McHenry Illinois 60050. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McARdle represented by David McArdle, 50 N Virginia Street, Crystal Lake Illinois 60014. 7. City Council Members: Mayor Steven Cuda, City Clerk Pamela Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers: 1. Dave Service, 231 S Loch Glen Lane McHenry Illinois 60050. 2. Cam Lohr, 227 S Loch Glen Lane McHenry Illinois 60050. 3. Kim Vencich, 225 S Loch Glen Lane McHenry Illinois 60050. NOTIFICATION Nodfication of this hearing was published in the Northwest Herald on August 19, 1996. The Publisher's Certificate of Publicadon is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. Return receipt cards have been submitted to the Office of the City Clerk and are on file with regard to this matter. An affidavit of service is on file `' in the office of the City Clerk. 'Pa�e 2 ZBA-CitylJohnson 9/9/96 LOCATION `— The subject property is located immediately north of the intersection of Broadway Avenue and Bull Valley Road, and is known as the former Edna Mae Johnson property. SUMMARY The subject property is currendy zoned A1 pursuant to the McHenry County Zoning Ordinance. The Petitioners are requesting the following classification upon annexation to the City of McHenry: Parcel A, a part of the former Edna Mae Johnson Property legally described on Exhibit A attached hereto, and comprised of .56 acres -- RS2 Medium Density Single Family Residential Zoning District; Pazcel B, a part of the former Edna Mae Johnson Property legally described on Exhibit A attached hereto, and comprised of .364 acres -- RMl Low Density Multi-Family Residential Zoning District; Pazcel C, a part of the former Edna Mae 3ohnson Property legally described on Exhibit A attached hereto, and comprised of 19.996 acres -- E Estate Residential Zoning District. TESTIMONY Chairman Semrow swore in the following witness for the Pedtioners: 1.] John A Lobaito, Director of Building & Zoning for the City of McHenry, 333 S Green Street McHenry Illinois 60050. Lobaito said that the subject property is located on the north side of Bull Valley Road adjacent to the City property on which the waste water treatment plant is located. The subject property was purchased from Edna Mae Johnson in preparation for securing rights-of-way for the proposed Bull Valley Road extension. C�nent plans for the property are to annex the property to the City and to zone it as stated � in the Petition. Lobaito stated that Parcel A is adjacent to Busch Knox property which is zoned RS2. Parcel B is adjacent to Busch Knox property which is zoned RM1. The city is proposing to give Parcel A and Parcel B to Busch Knox in exchange for receipt of a 35 foot wide forest preserve easement which buffers the wetlands in the Busch Knox property. Lobaito said the forest preserve easement was a requirement of the permitting process by the Army Corps of Engineers in order to construct the Bull Valley Road extension. A portion of that extension spans a small wetlands area. The Army Corps stipulated that a buffer protect the remainder of the wetlands. That is the reason for the requested zoning contained in the Petition. Parcel A and Parcel B will not increase the density of the Busch Knox development. Parcel A and Parcel B are merely to compensate for Busch Knox not being able to develop the 35 foot Forest Preserve easement. Lobaito said the remainder of the subject property, Parcel C, would be zoned in the most restricdve classification, E Estate. There are no immediate plans for the development of Parcel C. It is currendy vacant. If it were to be used as a part of the expansion process of the waste water treatment plant or some other specific municipal use, there would be a public hearing before this Board to seek a condidonal use permit. 4UESTI4NS OF THE PETITIONER BY MEMBER OF THE BOARD Burr asked if the land which is being given to Busch Knox as compensation would be affected in the future expansion of the Bull Valley Road. Lobaito said it would not. � Lovett asked if the 35 foot forest preserve easement was approved by the Army Corps of Engineers. Lobaito said that i� conect. 'Page 3 ZBA-City/Johnson 9/9/96 McArdle said the zoning is being requested contingent upon the property being annexed to the City. � QUESTIONS BY OBSERVERS Dave Service: What would the property be zoned which is adjacent to Green Valley Subdivision? Lobaito said the pi•operty abutting Green Valley would be zoned E Estate. There are no immediate plans for the development of that portion of the subject property. The city has planted trees on this land. Chairman Semrow said, "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 McClatchey, seconded by Lovett to recommend to the City Council that the Petitioners' request that the subject property be classified upon annexation to the City of McHenry as follows be granted: Parcel A,a part of the former Edna Mae Johnson Property legally described on Exhibit A attached hereto, and comprised of .56 acres -- RS2 Medium Density Single Family Residential Zoning District; Parcel B,a part of the former Edna Mae Johnson Property legally described on Exhibit A attached hereto, and comprised of .364 acres -- RMl Low Density Multi-Family Residential Zoning District; Pazcel C, a parf of the former Edna Mae Johnson Property legally described on Exhibit A attached hereto, and comprised of 19.996 acres -- E Estate Residential Zoning District. �' and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance have been met. Voting Aye: Burr, Lovett, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Swierk. Modon carried 5-0. NEW BUSINESS Tobeck asked Lobsiito to provide a report of the analysis of the fire at the Irish Prairie complex in terms of emergency vehicle accessibility, private road width, single entrance and any other problems or pertinent information which would help the Board to address future multi-family developments of this nature that may come before the Board. Lobaito said he would be happy to answer questions by members of the Board following the meedng. Semrow asked that the Historic Preservation Ordinance which was submitted to him by Landmark Commission Chairman Nancy Fike be copied and distributed to all members of the Board. He suggested that once everyone has had an opportunity to review it, perhaps Fike could be invited to come before the Board to answer any questions or to provide any needed clarification. �. 'Pag� 4 , ZBa-City/Johnsor� 9I9/96 ADJOURNMEN T � Motion by Toheck, seconded by Lovett to adjourn this hearing. Voting Aye: Burr, Lovett, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Swierk. Motion camed 5-0. This hearing was adjourned at 7:55 p.m. Respectfully submitted , Harry S ow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of APPeais(�, Plan Commission('n. City Adminisha6or. Pubiic Works Administrauon (4), Petitioners, Observers (3),Aldermen Reference Copy,Building.@ Zoning File,Landmark Commisaion Chairman,Nmthweat Herald,McHenry Star Newa,City Clerk File. Z-415 `� �