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HomeMy WebLinkAboutMinutes - 2/15/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS FEBRUARY 15 , 1993 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) THE HOME CF THE SPARROW , MCHENRY ) Z-358 COUNTY INTERFAITH SHELTER , FOR AN ) HOME OF THE SPARROW �-- AMENDMENT OF THE ZONING DISTRICT ) INTERFAITH SHELTER CLASSIFICPTION AND A USE VARIANCE ) 3701 WEST WAUKEGAN ROAD OF THE ZONING ORDINANCE 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 petition was held on January 25 , 1993 and recessed to this date due to insufficient n�tification to abutting property owners by Petitioner . Chairman Semrow called the recessed hearing to order at 7 : 35 p .m . The following persons were in attendance : 1 . Zoning Board Members : Richard Adamson , Randy Christensen , Wayne Dixon , Emil Kleemann , Harry Semrow , Donna Tobeck . Absent : John Swierk . 2 . Attorney for the Zoning Board : Bernard V . Narusis . 3 . Recording Secretary : Kathleen Kunzer . 4 . Director of Building & Zoning : John A . Lobaito . � 5 . Petitioner : Home of the Sparrow represented by Phyllis Mueller , P . O . Box 343 , McHenry Illinois 60051 . 6 . Attorney for Petitioner : Scott Nolan , 3614 West John Street , McHenry Illinois 6-0050 . 7 . City Council Members : Alderman Dennis Adams , Alderman William Bolger , Alderman Randy Patterson . 8 . Court Reporter : None . 9 . Objectors : 1 . Ruth Fenwick , 3719 W . Waukegan Rd McHenry 2 . Tom Fenwick , 3719 W . Waukegan Rd McHenry 3 . Ann Miller , 3809 W . Waukegan Rd McHenry 4 . Gerhard Rosenberg , 3716 W . Waukegan Rd McHenry 5 . Barbara A . Byron , 3811 W . Waukegan Rd McHenry 6 . Mary E . Dixon , 3511 W . Washington St McHenry 7 . Cathie Schultheis , 3803 W . Waukegan Rd McHenry 8 . John 0 ' Leary , 3705 W . Waukegan Rd McHenry 9 . Holly Scott , 3619 W . Waukegan Rd McHenry 10 . David Scott , 3619 W . Waukegan Rd McHenry 11 . Mike Schultheis , 3803 W . Waukegan Rd McHenry 12 . Richard L . Smith , 3704 W . Main St McHenry � 13 . Grace Ann Smith , 3704 W . Main St McHenry 14 . Kathie Rosenberg , 3716 W . Waukegan Rd McHenry 15 . Daniel Paprocki , 3702 W . Main St McHenry 16 . Ann Beyer/Macey , 3706 W . Waukegan Rd McHenry 17 . Thomas McNamara , 3804 W . Waukegan Rd McHenry 18 . Jinny McNamara , 3804 W . Waukegan Rd McHenry Page 2 ZBA-Home of the Sparrow 2/ 15/93 19 . Cathy 0 ' Leary , 3705 W . Waukegan Rd McHenry 20 . Debbie Lane , 3715 W . Waukegan Rd McHenry 21 . Brent Lane , 3715 W . Waukegan Rd McHenry `.- 22 . Charles Macey , 3706 W . Waukegan Rd McHenry 23 . Christine Paprocki , 3702 W . Main St McHenry 24 . Mary Jo Jones , 3706 W . Main St McHenry 25 . John Jones , 3706 W . Main St McHenry 26 . Catherine Miller , 3710 W . Main St McHenry 27 . Elsie Wilcox , 3815 W . Waukegan Rd McHenry 28 . Kathleen Nusbaum , 3810 W . Waukegan Rd McHenry 29 . Marie Larkin , 1105 N . Third St McHenry 30 . Spence Byron , 3811 W . Waukegan Rd McHenry . It was noted for the record that the Objectors were not represented by Counsel . There was no spokesperson for the Objectors . NOTICE_OF__PUBLICATION ------ — --------- Notice was published in the Northwest Herald on January 8 , 1993 and the Publisher ' s Certificate of Publication is on file in the City Clerk ' s office . A REVISED Affidavit certifying that all abutting property owners of record were notified of tonight ' s proceedings is on file in the City Clerk ' s office . An Affidavit of beneficial ownership of the trust is on file in the City Clerk ' s office . LOCATION OF THE SUBJECT PROPERTY -------------------------------- The subject property is located at 3701 West Waukegan Road , McHenry Illinois 60050 ; it is comprised of approximately 14 ,068 . 5 square feet . � SUMMARY The Petitioner is requesting that the subject property be reclassified from RA-1 Attached Residential to RM-1 Low Density Multi -Family Residential Zoning District , with a use variance to permit a church office facility on the ground floor . TESTIMONY Attorney Nolan amended Paragraph 7 of the Petition on its face to read as follows : "7 . Your Petitioners request that the subject premises be reclassified from RA-1 to RM-1 to permit no more than three ( 3 ) dwelling units in the existing building on the premises or , in the alternative , that a variance be granted to allow no more than three ( 3 ) dwelling units ; that variance be granted to permit 6 rather than 7 parking spaces ; that screening requirements be omitted ; and that the front yard setback variance be granted to permit an actual front yard setback of 27 . 61 feet rather than 30 feet . " Chairman Semrow swore in the following witnesses for the Petitioner : 1 ) Phyllis Mueller , Home of the Sparrow , 3941 W . Main Street McHenry Illinois 60050 . 2 ) Raym�nd Simon , Century 21 Care Real Estate , 3717 West Elm � Stre�t McHenry Illinois 60050 . Petitioner Mueller gave an overview of the mission statement , philosophy , and function of Home of the Sparrow . This organization which is � not for profit 501 . C3 corporation , recognized as such Page 3 ZBA-Home of the Sparrow 2/ 15/93 by the State of Illinois , has been in existence since 1986 . The organization is supported and recognized by most churches in the county . In addition , it is supported by local community `- organizations , several foundations , United Way of McHenry County and some funding does come from the State of Illinois . Majority of funding comes from private individual donations and pledges . Mueller said that Home of the Sparrow is only able to help women and their children at this time due to a lack of space . Women who use this facility are not running from domestic violence . Generally , they are in circumstances of financial crisis due to divorce , early death of spouse , single parents , etc . Users of the facility are required to sign papers on which they indicate they are aware that no over night visitors are allowed , there is a daily curfew of 10 : 30 p .m . and no alcohol or drugs are allowed ; those who violate these regulations will be asked to leave the site . Requirements for users of the facility are as follows : 1 ) Secure job training 2 ) Continue education and/or job enhancement skills 3 ) Actively seek employment 4 ) Save 70% of pay towards obtaining future accommodations 5 ) Participate in on-site counseling provided by Home of the Sparrow . Mueller said that she envisioned the proposed facility at 3701 West Waukegan Road to be a graduate program for those who have successfully completed the first phase at the Shelter . The �• proposed apartments at this site would be used for those who are not yet financially able to be on their own but who are actively working and saving toward that end . Mueller projects that the maximum period of time that a tenant would reside in the proposed apartments would be two years . After two years , the tenant should be self-sustaining and move on to a place of her own . Mueller said that this site would be used for the "cream of the crop" . Most likely the residents in this facility would make too much money and would not be able to receive any government subsidy ; on the other hand they would still not be making enough money nor have the appropriate credit rating to be able to purchase their own home . After the two years , they should be able to buy their own home . This is the ultimate goal of Home of the Sparrow: to enable women to learn to be self-sustaining so that they become self- sufficient , productive members of society . Mueller said it is the objective of Home of the Sparrow to help make these women independent and not dependent upon government for funding or assistance of any kind . Rent would be subsidized by Home of the Sparrow so that the tenants could be saving toward the purchase of their home . There are three units being proposed for this facility . Mueller said that the building has already been converted to a three-flat . Mueller stated that none of the remodeling has been done by her � organization . The owners from whom they are purchasing the property have done all of the remodeling and conversion of this building into a three-flat . It was pointed out that each private unit has two means of ingress/egress . Page 4 ZBA-Home of the Sparrow 2/ 15/93 Mueller said that in all likelihood none of the required parking spaces would be needed or utilized by the prospective tenants . In most ins �ances , users of the facility do not have their own �-- vehicles and are in fact discouraged from owning vehicles due to the costly upkeep of them . �UESTIONS_OF_THE_PETITIONER_BY MEMBERS_OF_THE_BOARD Dixon asked why the request was being made to reclassify when a use variance would suit the needs of the Petitioner . Mueller said that is not an issue . She would be willing to request a variance if that is the preference of the Board . Dixon asked if the building was refurbished before the Petitioner signed a contract to purchase it . Mueller said that is correct . Dixon asked where the office would be located in the building . Mueller said it would be located in the single-bedroom unit on the first floor. Dixon asked why the Petitioner did not consider two dwelling units with the office on the first floor . Mueller said she determined that it was the consensus of the neighbors that they would prefer not to have the office contained in this building . Dixon said if there is no office in the building , who would oversee it and maintain it . Mueller said there would be volunteers who would overlook the project . In addition , the women in residence would assist in the overall maintenance of the facility ( snow shoveling , painting , raking of leaves , etc . ) . Dixon asked why a variance request was being sought as to the screening provisions of the ordinance . Mueller said that if the Board would like them to screen the entire facility , they would comply . `.-- Lobaito clarified that because a more intense use was being proposed for this site , screening was required to protect the less intense uses abutting on all sides , except in areas of ingress/egress . Semrow asked if there was staff on site 24 hours per day at the Shelter on Ringwood Road . Mueller said that is the goal , however , it is not always possible inasmuch as it is voluntary . Semrow asked how the rules and regulations and the curfew could be enforced if there is not always staff on duty . Semrow asked if it was the intent of the Petitioner to have staff on site at all times at the proposed rental facility to assure that curfews are met and all other regulations are followed . Mueller said there would be no onsite monitoring of the facility . Residents would be required to report to the Shelter or the office of Home of the Sparrow daily , however . Semrow asked if there were ever any physically handicapped persons seeking assistance from the organization . Mueller said that in the six years during which the Home of the Sparrow has been in operation , there has been just one handicapped person seeking assistanc:e . Home of the Sparrow was able to accommodate her . Christensen said there is room to accommodate 16 persons at the Shelter ; how many are currently at the "graduation" stage . How ,` many wou�ld be prepared at this time to move into the rental units if this request was granted . Mueller said there is one ready to move on and one almost ready . Christensen asked what was the average riumber of children per woman in the Shelter . Mueller said there arE� usually one or two . Christensen asked how long residents Page 5 ZBA-Home of the Sparrow 2/15/93 would remain at the graduation house . Mueller said two years . � Kleemann said the Petitioner indicated that the organization has the supp��rt of area churches . Kleemann asked her to name the local churches who support this effort . Mueller proceeded to list most local charch affiliations . Dixon asked if there would be fulltime staff available at the proposed site . Mueller said that if the three apartments are granted , there would be very little staff time on site . There would then be no office onsite and very little actual staff presence on this site . Dixon asked if there was an anticipation of any of the apartments being vacant for any extended period of time ; for instance , in the event there was a long gap between residents actually graduating to this point . Mueller said that the chance of having a vacant apartment for any period of time would be almost zero . Chairman Semrow called for a brief recess at 9 : 10 p .m . The hearing reconvened at 9 : 20 p .m. with all members of the Board still in attendance . �UESTIONS OF THE PETITIONER_BY THE OBJECTORS ----------------- ---------------- David Scott : The renovations which were done to this facility were not done by anyone from Home of the Sparrow , is that correct? Mueller said that is correct . � Barbara B�ron_ Thus far , there has been no attention directed to the plat of survey which indicates that there is an access easement on the subject property . This easement serves as an access route for the neighbor to the west , the 0 ' Leary ' s . How will the 0 ' Leary ' s gain access to their property once this property has been sold? Mueller said the Petitioner would be willing to grant an easement with the 0 ' Leary ' s . Cath�_0 ' Lear,r��. 0 ' Leary stated she was worried about accessibility to her house . She expressed concern that residents or visitors may park in *he driveway which affords access to her lot as well as the subject property , and that she may not be able to get into or out of her property . She asked who would be responsible for plowing the drivF�way in the winter . Mueller said the Petitioner would take the responsibility to have the driveway plowed during the winter. Semrow said that the 0 ' Leary easement would still be theirs , despite the change of property owner of the subject property . Barbara_ Byron_ Where does the zoning ordinance addr�ss this easement? Narusis said easements are not addressed in the zoning ordinance . The easement on this property does not change the zoning classification of the subject property . That is not an issue which is before this Board . Thomas Pa�rocki_ How did this building become converted into a three-flat without a variance being granted prior to the �... conversion . I have in my possession a three page letter that indicates there are numerous violations on this property . The conversion has already taken place ; this building is currently occupied . How can this be? Semrow said the conversion of this building would not affect the position of the Board with regard to ZBA-Home of the Sparrow 2/15/93 Page 6 the Zoning request . Those are two entirely separate matters . The illegal �onversion of this building does not affect the Petitioner ; the Petitioner is not the party who converted these premises . The `-- Petitioner is following the correct procedures to obtain either a reclassification or a use variance to permit the three dwelling units or these premises . Semrow said this is the first Petition which has been brought before this Board with regard to the subject property . Holly_ Sc:ott : If it is not the duty of the Board to evaluate building code violations on these premises , why is the Petitioner allowed to use a floor plan as an exhibit . This floor plan was remodeled without benefit of a building permit . David Scott : This property was refurbished and converted into a three-flat without benefit of a building permit . At no time has a Petitioner come before this Board until this time to request reclassification . Why is it acceptable for someone to turn this building into a three-flat illegally , then come before this Board to seek the correct zoning for that three-flat? There is an attempt being made here to make this renovation legal after the fact . If Mr . Simon can have this zoning or this variance granted , then what is to prevent others who live on this street , or in this town from doing the same thing : convert their property , and seek reclassification or variance after the fact , if even then . Please tell me whose responsibility it is to assure that the RA-1 zoning stays intact in McHenry . Semrow said there has been an ordinance violation notice served to the current owners of this property . `-- The Petitioner this evening had nothing to do with those violations . The Petitioner is proceeding in the proper manner to obtain her request . David Scott : How do we approach getting this building put back into a legal building again . Semrow said these proceedings are being used as a means to bring this building into conformance with City zoning codes . Scott said the building should be brought back into compliance before the Petitioner proceeds any further . Wayne Dixon said the fact that the apartments were illegally installed is not the issue before this Board at this hearing . The only issue before this Board is whether the zoning being requested or the variances being sought are appropriate for the land use of this site . Scott asked if it was not correct procedure to obtain a building permit first and then perform the work to convert the structure . Lobaito said the Building Department has been made aware of this situati �n at 3701 West Waukegan Road . Work has been done on this building without a building permit being issued to this property . Lobaito said there are two different issues with regard to this property : 1 ) building code violations (work being done without a permit , no inspections of work being done , work being done which is not according to City code ) ; and 2 ) zoning ordinance violations ( in terms of how many units are in the building , where the units �, are located in relation to each other) . The Petitioner is attempting to rectify the zoning issue . Because of the building code violations , there also exist zoning violations . However , it is not appropriate to discuss building code violations at this hearing . Page 7 ZBA-Home of the Sparrow 2/15/93 Thomas Fenwick : Would the City issue this permit when this building is in violation? Narusis said the jurisdiction of this � Board is limited . If the zoning reclassification or use variance were not granted by the City Council , this building could never be used a � an apartment building . In that event , a correction ordinance notice would likely be filed by the City of McHenry , the owner of the building would be issued a cease and desist order by a court. of law. This Petitioner has the right to present this case . From the moment the City Council acts on this Petition , if the proposed use is allowed , the violation regarding the zoning ordinance would be a moot point . If the City Council does not grant the Petitioner ' s request , a correction ordinance notice would be served to the property owner . Fenwick said this building has gone from a single family dwelling to a three-flat . Narusis said that if the City Council does not grant this request , this will end up in a court of law . Dillon 0 ' Lear,� How many people would be living in this building? How many potential cars would there be onsite? Ann Miller : Miller stated that she shared a driveway for years with a neighbor and it is a nightmare . Gerhard Rosenber�_ I understand that RM-1 zoning districts are supposed to be located along major arterial streets . Waukegan Road is not an arterial street . Why is the Board willing to locate multi -family in this area? In addition , how has this parcel been � able to meet the criteria as to minimum lot size , setbacks , etc . ? Barbara_B�ron_ What are we using for the number of square feet in this lot , when the area of the access easement has been subtracted? How do we know that the Petitioner will be able to comply with the number of cars and bodies on this site . How many people will live in this building? Semrow said that he doubted if all of the objectors would be present at this hearing if the building in question was a single family residence which had not yet been converted to a three-flat . Brent Lane : Are there any requirements or restrictions as to the number of peopl e who coul d 1 i ve i n each uni t? What wi 1 1 be the maximuninumber of people residing in this building at any one time? Lobaitc� said there is no maximum number of people per apartment or unit cc�ntained in city code . Barbara_B�ron_ The maximum number of persons per acre in an RM-1 district is 26 persons . Gerhard Rosenber� Why does the Petitioner want to use a building which is not usable . There are certain ventilation requirements , minimums for stair treads and risers . There are numerous violations on this building . Mueller said the building would be covered by the Grandfather Clause . This building is perfect for the needs of the Petitioner . � Charles_Mace,� The Petitioner would be burdening the schools with additional students . Mueller said the children are already in the McHenr,,r county school system. Macey said they may be in County school � initially , but the Petitioner is proposing to plug them Page 8 ZBA-Home of the Sparrow 2/15/93 into the Mchenry Schools . � Ruth F �nwick : Will this property be removed from the tax rolls of the C� ty of McHenry if it is purchased by a not-for-profit organization? Narusis said that would be up to the owner to make a plea before the McHenry County Board of Review . That is not an issue properly before this Board . David Scott : Can an ordinance violation notice be filed at this time , or does thi s have to be done after thi s Peti ti on i s acted upon? Could these violations be pursued at this time . Narusis said these could be followed up on at this time or later , when the Petition has been granted or denied . Thomas McNamara : Am I correct in assuming that there would be approximately 15 women and children residing in this building at any one time? Semrow said that if the three dwelling units are granted , there would be three separate families residing in this building at any one time . McNamara asked how the Board would view 6 women with 6 children ; how many families would that be? Semrow said that each family unit would have its own dwelling unit. John 0 ' Lear,�_ Why was the Petitioner allowed to file an amended Petition without filing notice regarding this amendment with each of the abutting property owners? T�� Objectors and abutting property owners have not had adequate time to prepare our case against this amended Petition . Narusis said that the Board can � choose to recess this hearing until such time as the Objectors have had time to study the amended Petition and prepare their arguments against it . Nolan said the Petitioner is now actually asking for a lesser degree of change to the subject property than was indicated in the public notice which was provided to all abutting property owners . John 0 ' Lear�r_ Is this the appropriate time to make a part of the record of these proceedings the information that we as Objectors have obtained from the City Building Department reference the subject property? Narusis said that information could be presented at this time , or at a point when the Objectors are presenting their case , making their statements , subject to cross examination by the Attorr�ey for the Petitioner . 0 ' Leary said that information would be presented later in the proceedings . 0 ' Leary asked if the Petitioner is the contract purchaser of the subject property or is this a contract of land purchase of this property . He stated that his concern was that the present owners would still own the building (while Home of the Sparrow owned the land ) and would be using the Petitioner as a means of obtaining the zoning for their building . Mueller said they are the contract purchaser . 0 ' Leary asked if some of the proposed tenants of the facility might be handicapped? Is the Petitioner prepared to accommodate them? Mueller said they would be accommodated . 0 ' Leary asked if there was certification at the state level for the Home of the Sparrow , or is there in-house certification using only staff criteria for �- certification . Is there an outside objective certification process? Mueller said there is not outside certification process . The criteria are that success is achieved when the client is able to achieve and maintain permanent housing . Page 9 ZBA-Home of the Sparrow 2/ 15/93 Bob Doran : Would the Petitioner please clarify the number of parki �g spaces which would be contained onsite , how many would � actually be needed and why the variance as to the parking requirements is being sought . Mueller said that there would be more than adequate parking onsite , because it would be very unlikely that the tenants would have their own vehicles . In fact , the ownership of vehicles is strongly discouraged due to the cost of upkeep and maintenance . Semrow explained that if the subject property is reclassified , that new multi -family zoning would go with the property . If , however , a use variance is granted to permit no more than three ( 3 ) dwelling units in this building , that would be granted only to the Petitioner . If the Petitioner would sell this property , the variance would no longer be valid . Charles_Mace� He asked the Board to look at the disability issue again , and the ADA (American with Disabilities Act) and its requirements relative to this property . What if the Board grants this use variance and a suit is filed due to non-accommodation of the handicapped . Would it be in order to have the Petitioner submit an ADA report of this building? Semrow said it is unclear if this would be considered a public building according to ADA requirements . That would be a building issue and not a zoning issue . This is not an appropriate forum to address this issue . Macey said the Board should determine if this is a public building . Narusis said the ADA issue is not connected to the zoning issue � before this Board . This Board can not determine if this is a public building and if the owners must comply with all ADA requirements . The question before this Board this evening : Is this an appropriate land use for this property? Is this property suitable for three multi -family units? Holl,y_Scott : Regarding the variance request as to the screening requirements - why do you feel that screening is not necessary? Muel ' er said the Petitioner would be willing to delete the request for variance from the screening provisions of the ordinance . Nolan amended the Petition on its face to reflect this change . Due t;o the lateness of the hour , Chairman Semrow called to a close the period for questions . However , the Objectors will have addilional time to question this witness when this hearing reconvenes . Dixon said he would strongly suggest that the Petitioner seek a use vari ��nce rather than reclassification to RM-1 , and that the Petitioner consider two dwelling units rather than three for this site . Perhaps the Petitioner should consider two dwelling units and the office on the ground floor . ADJOURNMENT Motion by Christensen , seconded by Kleemann to recess this hearing to Monday , March 22 , 1993 at 7 : 30 p .m. in the Council Chambers of �, the Municipal Center . Page 10 ZBA-Home of the Sparrow 2/ 15/93 Voting Aye : Adamson , Christensen , Dixon , Kleemann , Semrow , Tobeck . � Voting Nay : None . Not Voting : None . Abstaining : None . Absent : Swierk . Motion carried 6-0 . This hearing was adjourned at 10 : 42 p .m . Res ectf lly s bmitted ----- ------- ------------ Harry Se ow , Chairman Zoning ard of Appeals c : Agenda , Zoning Board of Appeals ( 7 ) , Plan Commission ( 7 ) , City Administrator , Director of Building & Zoning , PW Administration , City Engineers , Aldermen Reference Copy , Petitioner , Objectors ( 18 } , B & Z Zoning File , Landmark Commission Chairman , Northwest Herald , City Clerk File Copy . DOC . ZBAMIN . 358 � �