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.
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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,
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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
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