HomeMy WebLinkAboutMinutes - 1/11/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JANUARY 11 , 1993
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION OF )
THE CITY OF MCHENRY FOR A TEXT ) Z-351
� AMENDMENT OF THE ZONING ORDINANCE ) CITY OF MCHENRY
OF THE CITY OF MCHENRY , MCHENRY ) TEXT AMENDMENT
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 11 ,
1993 . Chairman Semrow called the hearing to order at 7 : 29 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 .
2 . Attorney for the Zoning Board : Bernard V . Narusis , present
as Attorney for Petitioner .
3 . Recording Secretary : Kathleen Kunzer .
4 . Director of Building & Zoning : John A . Lobaito .
5 . Petitioner : City of McHenry , 333 South Green Street , McHenry
Illinois 60050 .
�
6 . Attorney for Petitioner : Narusis and Narusis represented by
Bern,�rd V . Narusis , 213 Lake Shore Drive , Cary Illinois
6001.3 .
7 . City Council Members : None .
8 . Court Reporter : None .
9 . Objectors : None .
NOTICE OF PUBLICATION
Notice was published in the Northwest Herald on December 16 , 1992
and the Publisher ' s Certificate of Publication is on file in the
City Clerk ' s office .
SUMMARY
The Petitioner is requesting that the following amendments be made
to the text of the Zoning Ordinance for the City of McHenry :
1 ) From Item #7 in Table 1 , Required Contents of Application
Filings , delete the requirement for retained personnel fee
deposit for sign permits and minor variances .
2 ) Change Section IIID , zoning of Annexed Land to include the E-
Estate district classification within the automatic zoning
provisions .
3 ) Change footnote (8 ) in Table 18 , delete provision that
� " internal illumination only is permitted"
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4 ) Amend Section XIX , change definition of the term " Planned Unit
� Development" by deleting the words " five ( 5 ) acres " and
� substituting the words " two ( 2 ) acres " .
5 ) Section VII (8 )4 , change to read that Recreational Vehicles
shall be parked in Residential Districts as follows :
"a . The vehicle shall be parked in a garage , carport or
covered parking space , where one is available on the premises
large enough to accommodate the vehicle ;
b . Otherwise , the vehicle shall be parked in the driveway ,
behind the recorded building line ;
c . Or , in the driveway , in front of the recorded building
line , but not encroaching upon any public sidewalk or public
right-of-way ;
d . Or , behind the building in an area bounded by the rear lot
line , the interior side lot line ( s ) and the corner side yard
line or the recorded building line on a corner lot , whichever
is greater , provided that a six ( 6 ) foot screen is installed
to conceal such vehicle from the public right-of-way and
adjoining properties ;
e . Or , in the interior side yard , provided that a six ( 6 ) foot
screen is installed to conceal such vehicle from the public
right-of-way and adjoining properties . "
TESTIMONY
Chairman Semrow swore in the following witnesses for the
Petitioner :
1 ) Bernard V . Narusis , 213 Lake Shore Drive , Cary Illinois 60013 .
� 2 ) John A . Lobaito , 333 South Green Street , McHenry Illinois
60050 .
It was the determination of the Board that each of the five items
contained within the Petition would be discussed and voted upon
independently so as to provide clear direction of the intent of the
Board to the City Council .
ITEM_#1_DELIBERATION AND_RECOMMENDATION
--- -- — — --- ----- ---- ------
There was no discussion regarding this item.
Motion by Swierk , seconded by Dixon to recommend to the City
Council that
Item #7 in Table 1 Required Contents of Application Filings
be modified to delete the requirement for retained personnel
fee deposit for sign permits and minor variances .
Voting Aye : Adamson , Christensen , Dixon , Kleemann , Semrow ,
Swierk , Tobeck .
Voting Nay : None .
Not Voting : None .
Abstaining : None .
Absent : None .
Motion carried 7-0 .
�
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ITEM #2 DELIBERATION AND RECOMMENDATION
---------------------------------------
�° Attorney Narusis stated that the purpose of this amendment was to
� include t.he E-Estate District classification into the automatic
zoning provisions of the ordinance with regard to newly annexed
parcels . Discussion followed regarding when this provision of the
ordinance would be utilized and whether it may cause confusion for
developers . There was concern that developers may misinterpret the
ordinance and request RS-3 or RS-4 zoning for proposed annexations .
Narusis said that parcels would be annexed and zoned according to
pre-platted size . If a large parcel such as the Fritsch property
came into the City , it would be zoned E-Estate unless other zoning
would be petitioned for . On the other hand , if some already
subdivided and/or platted properties which were smaller than 1/4
acre were brought into the City , they could not automatically be
annexed as E , because they would not conform . The intent of the
ordinance is to bring such parcels into the City in whatever
classification adheres to the size requirements of the ordinance
( so that no non-conforming lots are annexed due to size
requirements ) .
Motion by Kleemann , seconded by Christensen to recommend to the
City Council that
Section IIID , Zoning of Annexed Land , be modified to read as
follows :
" Except as may be provided for by annexation agreement or by
a subsequent amendment to this Ordinance , any lot or parcel
of land hereafter annexed to the City shall be automatically
� classified E ,RS-I ,RS-2 , RS-3 , or RS-4 Zoning District "RS"
Classification , whichever is most restrictive , provided
however that the area of the annexed parcel or lot is in
conformance with the minimum lot area requirement of that
District . "
Voting Aye : Adamson , Christensen , Dixon , Kleemann , Semrow ,
Swierk , Tobeck .
Voting Nay: None .
Not Voting : None .
Abstaining : None .
Absent : None .
Motion carried 7-0 .
ITEM #3_DELIBERATION_AND_RECOMMENDATION
------- ----------- — ----- ---- --
Lobaito said that the reason for the change was the fact that the
footnote was in conflict with Section IXD( 2 ) which permits certain
specific external illumination for wall signs .
Discussion ensued regarding whether the lighting would be permitted
to project into the required yard as well as the sign ( "Wall sign
may project one ( 1 ) foot into required yard" . ) It was the
consensus of those present that this would have to be determined
on a case by case basis . An attempt to be more specific would make
enforcement difficult . It was pointed out that a ground mount
spotlight would not be considered an encroachment into the required
yard , wh� le a more substantial light standard would have to be
� considered an encroachment . It was the consensus of those present
that thi s shoul d be 1 eft up to the di screti on of the Bu i 1 di ng &
Zoning Enforcement Officer .
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Motion by Tobeck , seconded by Adamson to recommend to the City
- Council that
� footnote (8 ) in Table 18 be modified to read as follows :
"Wall si�ns : May locate on principal building walls facing
public streets or off-street parking areas only . May proj�ct
one ( 1 ) foot into required yard . "
Voting A,ye : Adamson , Christensen , Dixon , Kleemann , Semrow ,
Swierk , Tobeck .
Voting Nay : None .
Not Voting : None .
Abstaining : None .
Absent : None .
Motion carried 7-0 .
ITEM �4 DELIBERATION AND RECOMMENDATION
---------------------------------------
Narusis said that this provision would bring into harmony the
requirement for the minimum acreage of a PUD from the definitions
within the ordinance ( 5 acres ) to that found within the text of the
ordinance ( 2 acres ) . Narusis said that in designating that a
minimum 2 acre parcel is required for the parcel to be considered
for a PUD , more flexibility is given to the City . There is more
flexibility for the developers and more planning power for the
City .
Discussion followed as to whether the minimum standard set should
be 2 acres or 5 acres . Narusis said that the PUD provides a
flexible tool which can be used to avoid a multiple-variance
approach to development . Lobaito said there was discussion at the
�-- Building & Zoning Committee as to whether the minimum should be 2
acres or 5 acres as well . Consensus of the committee was to
recommend the minimum of 2 acres .
Motion by Swierk , seconded by Kleemann to recommend to the City
Council that
Section XIX be amended by changing the definition of the term
" Planned Unit Development" by deleting therefrom the words
" five ( 5 ) acres " and substituting in place thereof the words
" two ( 2 ) acres . "
Voting Aye : Adamson , Christensen , Dixon , Kleemann , Semrow ,
Swierk , Tobeck .
Voting Nay : None .
Not Voting : None .
Abstaining : None .
Absent : None .
Motion carried 7-0 .
ITEM #5 DELIBERATION AND RECOMMENDATION
Lobaito explained the differences between the existing recreational
vehicle parking ordinance and the proposed recrPational vehicle
parking ordinance before the Board . In the proposed ordinance ,
residents would be given more latitude in that they could choose
which location of the five permitted they would utilize to park
their recreational vehicle .
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Discussion followed as to the preference of the Board members and
whi ch oi•di nance woul d be more i n keepi ng wi th the spi ri t of the
� zoning crdinance . The following points were mentioned :
1 ) Shculd the resident be required to park their recreational
vericle in their garage and keep their automobile outside?
2 ) Shculd the surface upon which the recreational vehicle would
be stored be required to be paved?
3 ) Should a driveway be required to gain access to the parking
place of the vehicle?
4 ) Would vehicles which are already being stored on-site be in
non-conformance if this ordinance is passed and approved , or ,
would they be "grandfathered in " because they are already
being stored in their current locations?
Motion by Tobeck , seconded by Christensen to recommend to the City
Council that
Section VIIB (8A)4 pertaining to the parking of recreational
vehicles in Residential Districts shall be changed to read as
follows :
"4 . It is parked or stored in a location determined by
the following :
a . The vehicle shall be parked in a garage , carport
or covered parking space , where one is available on
the premises large enough to accommodate the
vehicle ;
� b . Otherwise , the vehicle shall be parked in the
driveway , behind the recorded building line ;
c . Or , in the driveway , in front of the recorded
building line , but not encroaching upon any public
sidewalk or public right-of-way ;
d . Or , behi nd the bui 1 di ng i n an area bounded by the
rear lot line , the interior side lot line ( s ) and the
corner side yard line or the recorded building line
on a corner lot , whichever is greater , provided that
a six ( 6 ) foot screen is installed to conceal such
vehicle from the public right-of-way and adjoining
properties ;
e . Or , in the interior side yard , provided that a
six ( 6 ) foot screen is installed to conceal such
vehicle from the public right-of-way and adjoining
properties . "
Voting Aye : Adamson , Dixon , Semrow , Tobeck .
Voting Nay : Christensen , Kleemann , Swierk .
Not Voting : None .
Abstaining : None .
Absent : None .
Motion carried 4-3 .
�. Statements from members of the Board wiLh regard to this proposed
ordinance amendment :
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Swierk : This is absolutely ludicrous .
~ Kleemann : This opens up the City to a whole host of abuses . There
L„ will be ro stopping potential mischief .
Chairman Semrow advised the members of the Board if they had a
proposal to improve the quality of this amendment to the text of
the ordinance , they should provide same to the Director of Building
& Zoning .
ADJOURNMENT
Chairman Semrow said "there being nothing further before this Board
with regard to the Petition , the Chair will entertain a motion with
regard t� adjournment . "
Motion by Dixon , seconded by Adamson to adjourn at 9 : 13 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 .
Respectfully submitted ,
--- ----- ------- ---------
� Harr Semrow , Chairman
Zoning Board 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 , B & Z Zoning File , Landmark Commission Chairman ,
Northwest Herald , City Clerk File Copy .
DOC . ZBAMIN . 351
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