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HomeMy WebLinkAboutMinutes - 6/21/1993 - Zoning Board of Appeals ZONIN��BOA���O�9��PEALS NE CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) JOHN A. PORTER AND DIANE M. PORTER ) Z-365 FOR A VARIANCE OF THE ZONING � ORDINANCE OF THE CITY OF MCHENRY, ) 2909 ROSEEAVENUE MCHENRY COUNTY, ILLINOIS. ) MINOR VARIATION 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 21, 1993. Chairman Semrow called the hearing to order at 7:31 p.m. The following persons were in attendance: l. Zoning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon, Emil Kleemann, Harry Semrow, John Swierk, Donna Tobeck. Absent: None. 2. Attorney for the Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: John and Diane Porter, 2909 Rose Avenue, McHenry Illinois 60050. 6. Attorney for Petitioner: None. `.- 7. City Council Members: None. 8. Objectors: None. NOTICE OF PUBLICATION Notification of this hearing was published in the Northwest Herald on June4, 1993. The Publisher's Certificate of Publication regarding this matter is on file in the City Clerk's Office. LOCATION OF SUBJECT PROPERTY The subject Eiroperty is located at 2909 Rose Avenue, McHenry Illinois and is comprised of appr�ximately 30,000 square feet. SUNa1ARY The Petitioner is requesting that the subject property be granted a variation to permit the construction of an in-ground swimming pool in the side yard of the subject property. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) John Porter, 2909 Rose Avenue, McHenry Illinois. 2) Diane Porter, 2909 Rose Avenue, McHenry Illinois. � ZBA-Po��er 6/21/93 John Porter� said the septic tank and septic field on the subjec� premises prohibit th�� location of an in-ground swimming pool in the rear yard as specified � in the Zoning Ordinance. The proposed location as indicated on the site plan provided for the Board is the only possible location for an in-ground swimming pool on thi�: property. Porter indicated that he had received the approval of the abutting pr�perty owner, Mr. Barrett, who would reside closest to the proposed pool . Correspondence from this property owner indicating no objection to the proposed pool was included as a part of the subject petition. QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD Tobeck asked where the septic field for the subject property begins and ends. Mr. Porter said it begins approximately 50 feet from the rear wall of the residence and ends approximately 150 feet to the rear of the house. Porter indicated there is a 10 foot pitch from the front of the septic field to rear of it. Tobeck asked if the abutting landowner, Mr. Barrett, would have the same problem if he were to install an in-ground pool . Mr. Porter said the septic field of the Barrett property covers the entire rear yard. The Barretts would not be able to install an in-ground pool on their property. Swierk asked if there was a proposed future expansion for the septic field for this property. Swierk said that if the pool interfered with the proposed expansion of the septic field, the pool would have to be removed. Mr. Porter said the area where the pool would be installed was septic field restricted. There are also restrictions with regard to the septic field's proximity to the well on the site. There is little likelihood that any expansion of the septic field would interfere with the location of the pool . `., Christensen said the covenants for the subdivision should be followed. Christensen asked if the petitioners had obtained the approval of the architectural review committee for Martin Woods II subdivision. Mr. Porter said that only in-ground pools are permitted in the subdivision. Approval of the committee would be obtained prior to submitting plans to the Building Department for review. Christensen asked if there would be side yard setback problems when the protective fence is installed, especially since there is a utility easement in this location. Lobaito said the pool would be located 10 feet from the side property line. Zoning Ordinance requires a minimum of 8 foot setback. The fence can be erected on the property line; there should be no problem as far as the side yard setback is concerned. The fence can be installed in the easement. DELIBERATION AND RECONUNENDATION Motion by Tobeck, seconded by Adamson to recommend to the City Council that the Petitioner's request that the subject premises be granted a variation to allow an in-ground swimming pool to be located in the side yard in order to comply with regulations brought upon the premises by the septic field location be granted; and that the Approval Criteria for Variances, Table 32, pages 376-377 have been met. DISCUSSION ON THE MOTION Attorney McF,rdle said the findings should indicate that Table 32, the Approval Criteria for• Variances, have been met. McArdle asked if the petitioners would meet all lardscape and screening provisions of the ordinance. Semrow said that no relief h�s been sought with regard to landscape or screening. McArdle asked if there was any possibility of sanitary sewer being installed on the premises. `-' Porter said that possibility is extremely remote at this time. There is no sanitary se4�er available in this subdivision. ZBA-Po��er 6/21/93 VOTING ON THE MOTION Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk, Tobeck. � Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. ADJOURNMENT Chairman Semrow said "there being nothing further before this Board with regard to the Petition, the Chair will entertain a motion with regard to adjournment." Motion by Christensen, seconded by Dixon to adjourn at 7:45 p.m. Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Res ectfully subm' ted, ,.� c�c Harry Sem w, Chairman Zoning B d of Appeals c: Agenda, Zoning Board of Appeals (7) , P an Commission (7) , City Administrator, City Attorney, Director of Building & Zoning, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & � Z Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File Copy. DOC.ZBAMIN.365 �