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HomeMy WebLinkAboutMinutes - 5/17/2023 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes May 17, 2023 Chairwoman Rockweiler called the May 17, 2023, regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Commissioners Bremer, Davis, Locke, Rockweiler, Lehman, and Gleason. Absent was Commissioner Riley. Also in attendance were City Planner Cody Sheriff, Community Development Director Ross Polerecky, and Deputy City Clerk Monte Johnson. Approval of the Agenda: A motion was made by Commissioner Bremer and seconded by Commissioner Davis to approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. Approval of Minutes: Approval of the March 15, 2023, regular meeting minutes as presented. A motion was made by Commissioner Bremer and seconded by Commissioner Davis for approval as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2023-09 Petitioner: McHenry Township Fire Protection District of 3810 W Elm St, McHenry, IL. Use Variation and Zoning Variations to Accommodate the Existing 2-Unit Dwelling at 1407 N Court Street Chairwoman Rockweiler opened the file at 7:01 p.m. Planner Sheriff explained that the petitioner has meet all public notice requirements. It was explained that the property owner tried to take out financing on the property, but research showed it was non-conforming. The City notified the property owner that it has been trying to get these non-conforming properties all straightened out, and we are now ready to proceed. The property is currently zoned RS-4. It has been a 2-unit dwelling since 1958. Upgrades have been done over the years and it is up to code. The property is occupied by the property owner, and the second unit is used as a short-term rental. Based on how long the property use has been in existence, it does not appear that there will be any adverse impacts on the surrounding property. The City has also established a legal precedent by allowing other properties nearby to be approved with similar circumstances. Planning and Zoning Commission May 17, 2023 Page 2 Chairwoman Rockweiler opened the hearing part of the meeting at 7:04 p.m. With nobody wanting to testify, she closed the hearing at 7:05 p.m. All members of the Commission were in agreement that this is a logical request, and none had any issues moving forward. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer to recommend approval of the City’s request for a Use Variation to accommodate the existing 2-unit dwelling and approval of the City’s requests for the following Zoning Variations for the property commonly known as 1407 Court Street: 1. Variation to allow a minimum lot area of 8,828.82 SF in lieu of the required 10,000 SF. 2. Variation to allow a minimum lot width of 66’ in lieu of the required 100 feet. 3. Variation to allow a front yard depth of 19.93’ in lieu of the required 25 feet. 4. Variation to allow a interior side yard setback of 0.15’ in lieu of the required 6’ to accommodate the existing attached garage. 5. Any other variations necessary to accommodate the existing 2-unit dwelling. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variances listed in §11-19-6 and Zoning Variances listed in §11-19-5 have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. The hearing for file Z-2023-09 was closed at 7:07 p.m. File No. Z-2023-10 Petitioner: City of McHenry of 333 S Green St, McHenry, IL Use Variation and Zoning Variations to Accommodate the Existing 2-Unit Dwelling and Detached Coach House at 1507 N Green Street Chairwoman Rockweiler opened the file at 7:08 p.m. Planner Sheriff explained that all public notice requirements have been met. This issue is similar to the previous one with a detached coach house with a 2-unit dwelling. The property is in compliance with the comprehensive plan. The property is up to code and a recent siding upgrade has been done. The property has been used as it currently exists for at least 32 years, and no issues or adverse impacts are expected. Chairwoman Rockweiler opened the hearing part of the meeting at 7:09 p.m. With nobody wanting to testify, she closed the hearing at 7:10 p.m. No Commission members had any issue with the proposal. A motion was made by Commissioner Bremer and seconded by Commissioner Gleason to recommend approval of the City’s request for a Use Variation to accommodate the existing Planning and Zoning Commission May 17, 2023 Page 3 2-unit dwelling and detached coach house and approval of the City’s requests for the following Zoning Variations for the property commonly known as 1507 N Green Street: 1. Variation to allow a minimum lot width of 66’ in lieu of the required 150 feet. 2. Variation to allow two (2) principal structures on a single lot. 3. Any other variations necessary to accommodate the existing 2-unit dwelling and detached coach house. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variances listed in §11-19-6 and Zoning Variances listed in §11-19-5 have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. Chairwoman Rockweiler closed File Z-2023-10 at 7:11 p.m. File No. Z-2023-08 Petitioner: City of McHenry Various Zoning Text Amendments to the City of McHenry Zoning Ordinance including Apiculture/Beekeeping, Automotive Sales, and Towing Business Chairwoman Rockweiler opened File No. Z-2023-08 at 7:11 p.m. Planner Sheriff stated that all publication requirements have been met. He explained that the City was contacted by a resident about hobby beekeeping, but no ordinances from the City address beekeeping. Planner Sheriff researched the topic and found that Crystal Lake has an ordinance on file which was used to model McHenry’s ordinance. Towing businesses in the industrial zones was also addressed. The towing companies would target the smaller properties. There is a big rise in auto sales in industrial districts and we currently don’t allow auto sales in industrial. Auto repair is allowed and sales logically follows that pattern. Other communities allow auto sales and repair in industrial and Staff sees no issues with McHenry allowing this as well. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:14 p.m. With nobody wishing to testify, she closed the hearing at 7:14 p.m. Commissioner Bremer asked if there are issues or stipulations if neighbors have a beehive near a family member that may be allergic. Planner Sheriff stated that this is nature and is actually more controlled than bees that may nest on their own. Chairwoman Rockweiler stated that she looked into the issue and found that this causes no more danger than bees out in the general public. Commissioner Locke asked if sales are allowed. Planner Sheriff stated that it could be allowed but each beehive must be registered with the Department Planning and Zoning Commission May 17, 2023 Page 4 of Agriculture. Commissioner Gleason asked about the six foot height requirement. It was discussed that the height of the hive allows bees to fly up and out of the hive so they would not be interacting at the level of people standing on the ground. It was also noted that there is no setback requirement for the hives, but that could be addressed at a later date if problems arise. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer to recommend approval of text amendments to the City of McHenry Zoning Ordinance as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. Chairwoman Rockweiler closed File Z-2023-08 at 7:20 p.m. Open Discussion: Planner Sheriff asked Commission members if they would like to change the meeting hours for the summer time. After discussion, it was agreed upon that the Commission will meet at 5:30 p.m. for June, July, and August. He also explained that a vice-chair needs to be named since Mr. Sobotta left the Commission. Commissioner Lehman is the most senior member of the commission and agreed to take the position. Planner Sheriff explained that there are some new developments that may be coming. A conceptual presentation was given for townhomes on the southeast corner of Chapel Hill Road and Route 120. Another presentation may come for townhomes at the northeast corner of Bull Valley Road and Crystal Lake Road. A conceptual presentation from Shodeen may come to Council soon regarding the downtown Green Street area. A tour of the City was given to the company working on the comprehensive plan. Authentix is nearing completing of their entire project and the last building is being finished. Staff Report: The next meeting date is Wednesday, June 21st, at 5:30 p.m. Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to adjourn the meeting at 7:20 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried.