HomeMy WebLinkAboutMinutes - 9/20/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS
SEPTEMBER 20, 1993
CITY OF MCHENRY
� IN THE MATTER OF THE APPLICATION )
OF DONALD A. AND DEBBIE E. KATES ) Z-369
FOR A MAP AMENDMENT UNDER THE ) DONALD AND DEBBIE KATES
PROVISIONS OF THE ZONING ORDINANCE ) 1402 N GREEN STREET
OF THE CITY OF MCHENRY, MCHENRY ) MAP AMENDMENT
COUNTY ILLINOIS. ) C-4 TO RS-4
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 September 20, 1993. Chairman
Semrow called the hearing to order at 7:32 p.m. The following persons were in
attendance:
1. Zoning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon, Emil
Kleemann, Harry Semrow, John Swierk, Donna Tobeck. Absent: None.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
5. Petitioners: Donald and Debbie Kates, 1402 North Green Street, McHenry
. Illinois 60050.
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6. Attorney for the Petitioner: None. �
7. City Council Members: None.
8. Court Reporter: None.
9. Objectors: None.
NOTICE OF PUBLICATION
Notification of this hearing was published in the Northwest Herald on August 25,
1993. The Publisher' s Certificate of Publication regarding this matter is on file
in the City Clerk' s Office. Notification was made to all abutting property owners.
An affidavit of service and posting of the subject property is on file with regard
to this matter.
SUMMARY
The Petitioners are requesting that the subject property be reclassified from C-4
Downtown Commercial District to RS-4 High Density Single Family District.
LOCATION OF SUBJECT PROPERTY
The property which is the subject of this petition is located at 1402 North Green
Street, McHenr,� Illinois, on the northeast corner of the intersection of Green Street
and Pearl Street.
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ZBA-Kates
9/20/93
TESTIMONY
� Chairman Semrcw swore in the following witnesses for the Petitioners:
1) Donald F . Kates, 1402 North Green Street, McHenry Illinois 60050
2) Debbie E . Kates, 1402 North Green Street, McHenry Illinois 60050.
The Petitioners stated that all evidence that they wished to present was set forth
in their application.
gUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD
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Chairman Semrow asked what the present zoning was for the subject property. Mrs.
Kates said the current zoning is C-4. The Petitioners are requesting that the
property be reclassified to RS-4, single family. Semrow asked if the Petitioners
would use the property exclusively for residential purposes. Mr. Kates said that is
correct. Semrow asked if the Petitioners thought residential would be the highest
and best use for this property. Mr. Kates said that is correct.
Attorney McArdle asked why the Petitioners were requesting the reclassification.
Mrs. Kates said that in the process of refinancing the property it was discovered
that the existing zoning is commercial and they could not obtain a refinancing loan
unless it was zoned residential , because it was being used as a residential dwelling.
McArdle asked if there had been a business at this location at one time. Mrs. Kates
said Andreas Antiques was located at this site. The Andreas had the property rezoned
from RS-4 to C-r with a parking variance. The request before the board this evening
is to re-establish the RS-4 zoning classification. Mr. Kates said the subject
property is surrounded by residential uses on the west, north and east. The Whale's
Tail , restaurant commercial use, is located to the south.
�..- The Petitioners addressed the Approval Criteria for map amendment as stated in the
application.
Swierk asked if the lending institution would have a concern regarding the possible
encroachment in the front yard; the building is less than 25 feet from the front
property line. Tobeck said the property is in conformance with the rest of the
buildings in the neighborhood and there should be no problem.
Christensen asked if the Petitioners own lot 10, which is adjacent to the north. Mr.
Kates said they own the southerly six feet of lot 10, as depicted on the Plat of
Survey.
Chairman Semrow said, "there being nothing further before this Board with regard to
this 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
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Motion by Tobeck, seconded by Christensen to recommend to the City Council that
the Petitioners' request that the subject property located at 1402 North Green
Street be reclassified from C-4 Downtown Commercial District to RS-4 High
Density Single Family Residential District be granted; and that the Approval
Criteria for Map Amendment, Table 33, Page 401 of the Zoning Ordinance, have
been met.
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ZBA-Kates
9/20/93
Voting Aye: A�amson, Christensen, Dixon, Kleemann, Semrow, Swierk, Tobeck.
� Voting Nay: N�ne.
Not Voting: N�ne.
Abstaining: N�ne.
Absent: N�ne.
Motion carrie� 7-0.
ADJOURNMENT
There being nothing further before this Board with regard to this matter, this
hearing was adjourned at 7:58 p.m.
Respectfully submitted,
Harry Se ow, Chairman
Zoning Bo rd of Appeals
c: Agenda, Zoning Board of Appeals (7) , Plan Commission (7) , City Administrator,
Director of Building & Zoning, Public Works Administration, City Attorney,
City Engineers, Aldermen Reference Copy, Petitioner, Building & Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, City Clerk File.
Doc/ZBAMIN.369
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