Loading...
HomeMy WebLinkAboutPacket - 5/17/2023 - Planning and Zoning Commission The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. PLANNING & ZONING COMMISSION MEETING NOTICE DATE: Wednesday, May 17, 2023 TIME: 7:00 p.m. PLACE: City Council Chambers, City Hall. 333 S Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Roll Call 3. Approval of the Agenda 4. Consideration of Approval of the Meeting Minutes: March 15, 2023 5. Public Input – (five minutes total on non-agenda items only) 6. Z-2023-09 – Use Variation and Zoning Variations to Accommodate the Existing 2-Unit Dwelling at 1407 N Court Street. Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 7. Z-2023-10 – Use Variation and Zoning Variations to Accommodate the Existing 2-Unit Dwelling and Detached Coach House at 1507 N Green Street. Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 8. Z-2023-08 Various Zoning Text Amendments to the City of McHenry Zoning Ordinance including Apiculture/Beekeeping, Automotive Sales, and Towing Businesses. Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 9. Open Discussion 10. Staff Report: Next Meeting Date: June 21, 2023 11. Adjourn City of McHenry Planning and Zoning Commission Minutes March 15, 2023 Chairwoman Rockweiler called the March 15, 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, Rockweiler, Davis, Riley, Gleason, and Smale. Absent was Commissioner Lehman. 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 Riley to approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Smale. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Approval of Minutes: Approval of the January 18, 2023, regular meeting minutes as presented. A motion was made by Commissioner Riley and seconded by Commissioner Bremer for approval as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Smale. 0- nay; 0-abstained; 1-absent: Lehman. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2023-05 Petitioner: McHenry Township Fire Protection District of 3810 W Elm St, McHenry, IL. Conditional Use Permit and Zoning Variations to Operate a Fire Station at 1004 S IL 31. Chairwoman Rockweiler opened the file at 7:01 p.m. Planner Sheriff explained that the petitioner has meet all public notice requirements. James Militello, attorney for the Fire Protection District, was sworn in. He explained that they originally were asking for three variances to go along with the conditional use. After looking at the staff report, they now agree to comply with all landscaping ordinances, so that variance is no longer being requested. They also no longer need a sound variance. The only variance now requested is that for the driveway width request, for an proposed 111’ driveway width at the existing intersection. Planner Sheriff read through the staff report, and the City has no objections to any of their requests. This use complies with the comprehensive plan, and the development should be of benefit to the community. They will be asked to provide an easement to the signal so that property owners to the north and south can have access to the signal. Planning and Zoning Commission March 15, 2023 Page 2 Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:05 p.m. Mike Young was sworn in for his testimony. He explained that he is in favor of the fire department moving in and developing at this location. His only concern is that filters or something similar be used when dealing with the lighting for the building and parking lot lights. Amberwood is backed up against Mercy Drive and they have no shade from the light at that location. The public hearing portion of the meeting was closed at 7:07 p.m. Planner Sheriff addressed the lighting concerns and explaine d that there is an ordinance that would protect the property owners as newer lighting is required to be shaded from view. All Commissioners agreed with the staff report and had no concerns about the development, so long as the lighting concerns are addressed. A motion was made by Commissioner Bremer and seconded by Commissioner Smale to recommend approval of the petitioner’s request for a Conditional Use Permit to operate a fire station at the subject property subject to the following condition: 1) The property owner shall record an access easement to the signalized intersection for the property owners to the north and south of the subject property. Said access easement shall be reviewed and approved at the discretion of the Zoning Administrator prior to recordation. AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the staff report. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Smale. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. A motion was made by Commissioner Smale and seconded by Commissioner Gleason to approve the petitioner’s request for a variation to allow a maximum driveway width and angle that is greater than what is allowed by the City’s Subdivision Control and Development Ordinance as depicted in the submitted site plan dated February 14, 2023. AND by making said motion, I agree with staff’s assessment that the approval criteria for variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Smale. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. The hearing for file Z-2023-05 was closed at 7:11 p.m. File No. Z-2023-06 Petitioner: City of McHenry of 333 S Green St, McHenry, IL Zoning Map Amendment from C-4 Downtown Commercial District to RS-4 High Density Single-Family Residential District (3814 W. Main Street), and RA-1 Attached Residential District (3812 W. Main Street). Planning and Zoning Commission March 15, 2023 Page 3 Chairwoman Rockweiler opened the file at 7:12 p.m. City Planner Sheriff explained that all public notice requirements have been met. The issue arose when the property owners of 3814 Main Street wanted to put on an addition to the single family home. A photography studio was previously there. The property has been zoned commercial since the 1970s. Residential zoning intermingles in the area. The property next door is a 2-flat and has been residential for at least 20 years. The City contacted the property owners to see if they wanted to rezone the properties. RA-1 properties are already abutting the area. Chairwoman Rockweiler opened the hearing part of the meeting at 7:15 p.m. With nobody wanting to testify, she closed the hearing at 7:15 p.m. No Commission members had an issue with the request. A motion was made by Commissioner Davis and seconded by Commissioner Riley to recommend approval of the City’s request for a zoning map amendments from C-4 Downtown Commercial District to RS-4 High-Density Single-Family Residential District for 3814 W. Main Street and RA-1 Attached Residential District for 3812 W. Main Street. AND by making said motion, I agree with staff’s assessment that the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Smale. 0-nay; 0-abstained; 1- absent: Lehman. Motion Carried. Chairwoman Rockweiler closed File Z-2023-06 at 7:16 p.m. File No. Z-2023-07 Petitioner: City of McHenry Text Amendments to the City of McHenry Off Street Parking and Loading Ordinance. Chairwoman Rockweiler opened File No. Z-2023-07 at 7:17 p.m. Planner Sheriff stated that all public notice requirements have been met. He explained that this simple request is to get the parking requirements for bars and taverns so they are similar to restaurants. These will help modernize our ordinances and match them with those in surrounding municipalities. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:17 p.m. With nobody wanting to testify, she closed the public hearing at 7:17 p.m. There was no discussion from Commissioner members as they all agreed with what was presented. A motion was made by Commissioner Smale and seconded by Commissioner Bremer to approve the text amendments to the City of McHenry Zoning Ordinance as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Smale. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Planning and Zoning Commission March 15, 2023 Page 4 Chairwoman Rockweiler closed File Z-2023-07 at 7:18 p.m. Open Discussion: Planner Sheriff reminded Commission members to fill out their Statement of Economic Interest with the County if they have not yet done so. The City has been working with a consultant for the comprehensive plan update. It is possible that a joint meeting may be held with the City Council and the Planning & Zoning Commission. Hopefully work on the comprehensive plan will begin this summer. Staff Report: The next meeting date is Wednesday, April 19th. Adjourn: A motion was made by Commissioner Smale and seconded by Commissioner Bremer to adjourn the meeting at 7:20 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Smale. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The City of McHenry is seeking approval of a Use Variance and Zoning Variations to accommodate the existing 2-unit multifamily dwelling at 1407 N Court Street. The request was initiated on behalf of the property owner by the City of McHenry. Based on the existing structures, the property will need to receive approval of the following variations: 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 building and accessory structures. This process began when the Community Development Department was contacted by a financial institution inquiring about a zoning verification request of the 2-unit dwelling. It was at that time staff informed the institution and the property owner of the nonconforming status of the dwelling. Nonconforming structures (typically) are not insured by financial institutions since they cannot be re-established if damaged or destroyed. According to the township assessor’s records, the building was first constructed in 1900. According to building permit records, the addition that is identified as Unit 2B was constructed in 1958 as a single-bedroom unit. The oldest verifiable record of a multifamily dwelling on the property was for a roofing permit issued on May 15, 2001 (22 years). The property owner claims that according to the post office, the 2nd dwelling has existed since around 1956 – which is consistent with the timeframe of the construction of the addition. Nevertheless, the property has satisfied the City’s standards based on prior cases for grandfathering the existing use given the longevity of operations. As the Commission may recall from properties such as 1508 N Green Street, 1410 N Riverside Drive, etc., the City has been working with property owners of nonconforming residential uses that have existed between 10- 20 years or more to bring them into compliance with the Zoning Ordinance. The City may have established a legal precedence by approving properties such as 1508 N Green, and 1410 N Riverside Drive for multifamily dwellings within the vicinity of the subject property and it is highly recommended the Commission approve said request. The public hearing process still allows the City to require site specific upgrades when necessary and provides an opportunity for the Commission to address valid concerns of neighboring property owners that may be mitigated through interventions such as landscaping and screening. In this instance, staff does not anticipate any interventions are necessary given the longevity of the use. According to City records, there have been no active enforcements on the property in the past 10 years and the building appears to be in compliance with building code. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The property is currently zoned RS-4 High Density Single Family Residential District. Two-unit dwellings are not permitted within the RS-4 district and it is therefore considered nonconforming. All parking must be accommodated on site. An existing gravel apron located in the public right-of-way allows for up to two additional parking spaces. The City Police Department has historically allowed overnight parking so long as the cars are not physically located on the asphalt roadway. The property owner has been made aware that the parking spaces are considered public and the property is not permanently entitled to said parking spaces. Although the City does not have any plans to reconfigure or remove said gravel parking areas, the property owner has been made aware that this could change in the future. Given the longevity of the use of the property as a two-unit dwelling for over 20 years, staff does not anticipate that approval would generate any adverse impacts on the surrounding property owners. Regarding the variance requests, given that the existing structures have existed since 1958, staff does not anticipate that approval of the requests would generate any negative impacts on the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The City’s Future Land Use Map recommends medium-density land use (4-9 dwelling units per acre). The subject property currently contains a ratio 9.87 dwelling units per acre which is almost consistent with the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Promote development that blends with existing development in the area especially if located within a unique sub-area.” (p. 29) Several properties within the area (1508 N Green, 1507 N Green, and 1410 N Riverside Drive, etc.) are 2–3-unit multifamily properties. Approval of the request would be consistent with other properties within the vicinity of the subject property. STAFF SUMMARY ANALYSIS • Staff is recommending approval of the request given the longevity of the use of the property for over 20 years as a 2-unit multifamily dwelling. • The existing structures have been established since at least 1958 and therefore staff does not anticipate that approval of the requested variances would generate any adverse impacts on the surrounding property owners. • The City may have established a legal precedent of allowing multifamily dwellings under similar circumstance and therefore staff recommends approval. If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is recommended: MOTION: I motion 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. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship given the longevity of the use (over 20 years). B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. N/A C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property has operated for long period of time (over 20 years) as a 2-unit dwelling and has existed in harmony with the surrounding property owners. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Other properties within the area (1508 N Green, 1410 N Riverside Drive, etc.) have operated under similar circumstances. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting multifamily development near the Downtown. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance that impacts only a few properties within the RS-4 Zoning District. B. Circumstances Relate to the Property Only. Staff believes this is a circumstance that would relate to this property and if the property sold to the next property owner. The current property owner purchased the property as a 2-unit dwelling and therefore inherited a nonconforming property. C. Not Resulting From Applicant Action. The applicant did not create the existing 2-unit dwelling which may have existing since 1958. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship since the property has operated in harmony with the surrounding residences for at least 20 years. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the applicant’s request would not substantially alter essential character of the locality nor have any other adverse impacts given the longevity of the use of the property as a 2-unit dwelling for at least 20 years. H. Consistent With Title And Plan: Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the Comprehensive Plan recommendation for increasing overall density in the downtown. I. Minimum Variance Recommended: Staff believes the proposed variance requests are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Public Hearing Application Packet Page 5 of 22 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1. Name of Applicant: City of McHenry Tel 815-363-2181 Address: 333 S Green Street, McHenry, IL 60050 Email ____csheriff@cityofmchenry.org _________________________________________________ 2. Name of Property Owner (1407 N Court St): Ronald M and Elizabeth L Sowinski (If other than Applicant) Address: 1407 N Court Street, McHenry, IL 60050 3. Name of Property Owner (1507 N Green Street): Melissa L and Eric J Gasmann (If other than Applicant) Address: 2712 Rose Avenue, McHenry, IL 60050 4. Name of Engineer Tel (If represented) Address Fax Email ______________________________________________________ 5. Name of Attorney Tel (If represented) Address Fax Email______________________________________________________ 6. Common Address or Location of Property: 1507 N Green Street, McHenry, IL 60050; 1407 N Court Street, McHenry, IL 60050 7. PIN#(s): _09-26-402-029 (1507 N Green Street), and 09-26-406-009 (1407 N Court Street) 8. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) X Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) X Use Variance FORM A Public Hearing Application Packet Page 6 of 22 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested. The narrative description may also be included as a separate attachment. The City of McHenry has initiated a rezoning application on behalf of the property owners of 1407 N Court Street and 1507 N Green Street. This is part of the City’s continued efforts to bring properties into compliance with the Zoning Ordinance. The City is requesting approval of a Use Variance to allow a 2- unit dwelling at 1407 N Court Street and a 2-unit dwelling and detached Coach House at 1507 N Green Street. The City is also requesting Zoning Variations to accommodate all existing structures. The property at 1507 N Green Street consists of a 2-unit dwelling and detached coach house. City water billing records indicate that the property has operated as a 2-unit dwelling and detached coach house for at least 10 years (farthest City records go back). The property at 1407 Court Street consists of a single 2-unit dwelling. City water billing records indicate that the property has operated as a 2-unit dwelling for at least 10 years. The Property Owner has indicated that according to the post office, the property has had 2 addresses listed since at least 1956. Public Hearing Application Packet Page 7 of 22 Current Use of Property 1507 N Green Street – residential 2-unit dwelling, and detached coach house; 1407 N Court Street – residential 2-unit dwelling. 9. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) RS-4 High Density Single-Family Residential 10. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: RS-4 High Density Single-Family Residential South: RS-4 High Density Single-Family Residential East: RS-4 High Density Single-Family Residential West: RS-4 High Density Single-Family Residential 11. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 7. FORM F – Planned Unit Development Application 7. FORM G – Subdivision/Plat Development Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Public Hearing Application Packet Page 8 of 22 12. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owni ng in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 13. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Public Hearing Application Packet Page 9 of 22 AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that the attached list of adjoining property owners have been properly notified via First Class Mail or Certified Mail, and all other public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry. Filed by: Cody Sheriff, City Planner 333 S. Green Street, McHenry, IL 60050 For approval of: See attached notice. ______________________________________ (Applicant’s Signature) ______________________________________ (Applicant’s Name and Address) ______________________________________ Subscribed and sworn to before me this ___ ______ day of ___________, 2023. __________ Notary Public REQUIRED ATTACHMENT: List of Adjoining Property Owners & Legal Notice Publication Public Hearing Application Packet Page 13 of 22 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 §11-19-5 the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1.Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The subject properties have operated for over ten years, most likely longer based on post office records. Staff believes this is a special circumstance given the longevity of the use of the properties as multi-unit dwellings. Public Hearing Application Packet Page 14 of 22 3.Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4.Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5.Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6.Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant’s economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. The applicants purchased the properties as multi-unit dwellings and were unaware of the nonconforming status of the dwellings. Most of the units are occupied by existing tenants. Denial of the request would not only impact the property owner but also significantly impact the existing tenants that live in the dwellings. Staff believes the zoning variations are necessary to allow the continued operation as multi-unit dwellings. Public Hearing Application Packet Page 15 of 22 7.Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8.Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes in conditions since their adoption. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Other properties such as 1508 N Green Street are multi-unit dwellings. Approval of the requests would not be out of character with the surrounding neighborhood. Staff believes the request is consistent with brining long outstanding properties into compliance with the zoning ordinance while offering a variety of housing opportunities near the downtown area. Staff believes the variance requests are the minimum necessary. Public Hearing Application Packet Page 16 of 22 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 §11-19-6 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1.Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in u nnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 2.Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. 3.Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. Staff believes denial of the request would create a significant and undue hardship upon the property owners. Denial of the request would have a significant impact on the wellbeing of the existing tenants. Staff believes the requests are a result of a unique circumstance related to the longevity of the use of the properties as multi-unit dwellings for over ten years. Public Hearing Application Packet Page 17 of 22 4.Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5.Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Several other properties within the area including 1508 N Green Street , which was recently approved for a 2-unit dwelling and detached coach house, operate as multi-unit dwellings. Approval of the request would be consistent with other properties within the vicinity of the subject property. Staff believes the requests are consistent with the Comprehensive Plan to support multiple housing opportunities and increasing density within the downtown area. 1507 N Green Street Copyright County of McHenry 2023. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 1407 Court Street Copyright County of McHenry 2023. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 PUBLIC HEARING NOTICE FILE Z-2023-09 – 1407 N Court Street FILE Z-2023-10 – 1507 N Green Street Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:00 P.M. on Wednesday, May 17, 2023 to consider an application by The City of McHenry of 333 S. Green Street, McHenry, IL 60050 (“Applicant”) on behalf of the property owners of 1407 N Court Street and 1507 N Green Street, McHenry, IL 60050 for the following requests in accordance with the City of McHenry Zoning Ordinance: A Use Variance to accommodate the existing 2-unit dwelling at 1407 Court Street, a Use Variance to accommodate the existing 2-unit dwelling and detached coach house at 1507 N Green Street, and any other zoning variations necessary to accommodate the existing 2-unit dwelling at 1407 Court Street and the 2-unit dwelling and detached coach house at 1507 N Green Street. Location: The property commonly known as 1407 N Court Street consists of approximately 0.20 acres, more or less, and is located approximately 160 feet southwest of the intersection of Court Street and Broad Street in the City of McHenry, Illinois. The property commonly known as 1507 N Green Street consists of approximately 0.45 acres, more or less, and is located approximately 155 feet southwest of the intersection of Washington Street and N Green Street in the City of McHenry, Illinois. PIN(s): 09-26-402-029 (1507 N Green Street), and 09-26-406-009 (1407 N Court Street). The property is currently zoned: RS -4 High Density Single Family Residential A copy of the application is on file and may be examined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2170. An electronic copy of the application can be viewed on the City’s website at www.cityofmchenry.org/currentdevelopments. Questions regarding this application can be directed to Cody Sheriff, City Planner at 815-363-2181 or csheriff@cityofmchenry.org. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. ___________________________________ /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The City of McHenry is seeking approval of a Use Variance and Zoning Variations to accommodate the existing 2-unit multifamily dwelling and detached coach house at 1507 N Green Street. The request was initiated on behalf of the property owner by the City of McHenry. Based on the existing structures, the property will need to receive approval of the following variations: 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. According to the township assessor’s records, the building was first constructed in 1900. Historic aerial photography clearly illustrates the existing structures in 1961. The oldest verifiable record of a multifamily dwelling on the property was for a roofing permit issued on April 26, 1991 (32 years). Based on these records, staff believes the existing multifamily dwellings have operated for at least 32 years. Staff does not know whether the detached coach house or 2-unit dwelling existed concurrently or if they were established at later times. As the Commission may recall from properties such as 1508 N Green Street, 1410 N Riverside Drive, etc., the City has been working with property owners of nonconforming residential uses that have existed between 10- 20 years or more to bring them into compliance with the Zoning Ordinance. The City may have established a legal precedence by approving properties such as 1508 N Green Street, and 1410 N Riverside Drive for multifamily dwellings within the vicinity of the subject property. For this reason, it is highly recommended the Commission approve said request. The public hearing process allows the City to require site specific upgrades when necessary and provides an opportunity for the Commission to address valid concerns of neighboring property owners that may be mitigated through interventions such as landscaping and screening. In this instance, staff does not anticipate any interventions are necessary to accommodate the existing use and structures. According to City records, there has only been one code enforcement violation for work performed without a permit (siding) but it has since been resolved. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The property is currently zoned RS-4 High Density Single Family Residential District. Multifamily dwellings are not permitted within the RS-4 district and it is therefore considered nonconforming. All parking must be accommodated on site. The site appears to be able to easily accommodate an adequate amount of parking on site based on the size of the driveway. Given the longevity of the use of the property as a two-unit dwelling and detached coach house for over 32 years, staff does not anticipate that approval would generate any negative impacts on the surrounding property owners. Regarding the variance requests, given that the existing structures have existed since at least 1961, staff does not anticipate that approval of the requests would generate any negative impacts on the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The City’s Future Land Use Map recommends medium-density land use (4-9 dwelling units per acre). The subject property currently contains a ratio 6.67 dwelling units per acre which is consistent with the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Promote development that blends with existing development in the area especially if located within a unique sub-area.” (p. 29) Several properties within the area (1508 N Green, 1507 N Green, and 1410 N Riverside Drive, etc.) are 2–3-unit multifamily properties. Approval of the request would be consistent with other properties within the vicinity of the subject property. STAFF SUMMARY ANALYSIS • Staff is recommending approval of the request given the longevity of the use of the property for over 30 years as a multifamily dwelling and detached coach house. • The existing structures have been established since at least 1961 and therefore staff does not anticipate that approval of the requested variances would generate any adverse impacts on the surrounding property owners. • The City may have established a legal precedent of allowing multifamily dwellings under similar circumstance and therefore staff recommends approval. If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is recommended: MOTION: I motion to recommend approval of the City’s request for a Use Variation to accommodate the existing 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. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship given the longevity of the use (over 30 years). B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. N/A C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property has operated for long period of time (over 30 years) as a 2-unit dwelling and detached coach house and has existed in harmony with the surrounding property owners. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Other properties within the area (1508 N Green, 1410 N Riverside Drive, etc.) have operated under similar circumstances. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting multifamily development near the Downtown. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance that impacts only a few properties within the RS-4 Zoning District. B. Circumstances Relate to the Property Only. Staff believes this is a circumstance that would relate to this property and if the property sold to the next property owner. The current property owner purchased the property as a 2-unit dwelling and detached coach house and therefore inherited a nonconforming property. C. Not Resulting From Applicant Action. The applicant did not create the existing 2-unit dwelling and detached coach house which may have existing since 1961. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship since the property has operated in harmony with the surrounding residences for at least 32 years. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the applicant’s request would not substantially alter essential character of the locality nor have any other adverse impacts given the longevity of the use of the property as a 2-unit dwelling and detached coach house for at least 32 years. H. Consistent With Title And Plan: Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the Comprehensive Plan recommendation for increasing overall density in the downtown. I. Minimum Variance Recommended: Staff believes the proposed variance requests are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Planning & Zoning Commission FOR: May 17, 2023 FROM: Cody Sheriff, City Planner RE: Z-2023-08 Various Zoning Text Amendments to the City of McHenry Zoning Ordinance including Apiculture/Beekeeping, Automotive Sales, and Towing Businesses. AGENDA ITEM SUMMARY: City Staff are requesting approval of zoning text amendments as follows: 1. Zoning District Regulations regarding the keeping of apiaries/beekeeping on residential lots. 2. Allowing Automotive Sales in I-1 Industrial District. 3. Allowing Towing Businesses in I-1 Industrial District. ANALYSIS: Apiculture/Beekeeping The Community Development Department was recently contacted by an individual inquiring about the keeping of bees on residential properties. The City has historically allowed them for non-commercial purposes; however, there are no adopted standards regulating the keeping of bees on residential properties. Pollinator species play a significant role in the overall habitability of the planet, but staff believes there may be a benefit to adopting regulations to ensure that the keeping of bees does not interfere with the overall wellbeing of neighboring properties. The proposed text amendments would allow up to two (2) hives on a property 10,000 SF or less with one (1) additional hive allowed for every 10,000 SF thereafter. Hives would be required to be setback a minimum of 25 feet from the property line unless the hive is elevated to 6 feet in height, or some type of barrier is provided that would direct the flight of bees upward. Upward flight of bees reduces the chances of interacting with humans. Beekeeping would be allowed as a principal or accessory use on agriculturally zoned parcels. Beekeeping would be allowed only as Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1 an accessory use on residential zoned lots. Beekeepers would be required to register with the Illinois Department of Agriculture and provide proof of registration with the Community Development Department. Towing Businesses Towing businesses are only permitted to operate in the C-5 Highway Commercial District as a Conditional Use. Staff was recently contacted by a towing business in town that was looking to relocate to an industrial property. Given the fact that most towing businesses don’t necessarily need highway commercial properties, staff did not have any objection to the proposed relocation. The City also allows automotive repair facilities as permitted uses in the I-1 Industrial District. Staff is proposing to allow Towing Businesses as a permitted use within the I-1 Industrial District. Automotive Sales The City currently allows automobile sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motorscooters and mopeds as a permitted use within the C-5 Highway Commercial District. With the acceleration of online retail sales, the City has experienced increased interest from retailers for allowing automotive sales in industrial areas. These businesses typically do not need open sale spaces to display motor vehicles for pass-by traffic. The City of Crystal Lake specifically allows internet sales in their industrial/manufacturing districts as a permitted use subject to certain standards. Staff is proposing to allow motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motor scooters and mopeds in the I- 1 Industrial District. Outdoor storage of vehicles would still be required to be screened from view as required by the City’s Outdoor Storage regulations. RECOMMENDED MOTION: Motion to recommend approval of text amendments to the City of McHenry Zoning Ordinance as outlined in the staff report. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2 Draft Text Amendments §11-8D-2: Table 2; Permitted and Conditional Uses in Residential Districts Group A: Permitted Uses in all Residential Districts Apiculture/Beekeeping as an accessory use, subject to the regulations of §11-6-21 of this title. §11-7-2: Permitted Uses in A-1 District: Apiculture/Beekeeping §11-6-21 Apiculture / Beekeeping a. No more than two hives shall be kept or maintained on every parcel or lot of land under 10,000 square feet in area; provided that for every 10,000 square feet in excess of 10,000 square feet, there may be one additional hive. b. No hive shall be kept or maintained within 25 feet of any property line of the lot or parcel upon which it is situated and no hives are permitted in the front yard or corner side yard. Where a hive is placed within 25 feet of the property line, a six-foot-high barrier or vegetated fence is required to direct the bees flight upward or the hive must be raised six feet high, such as on a roof. c. Hive entrances shall be oriented so as to direct bee flight away from the vicinity of patios, decks, balconies or entrances to living spaces on adjoining properties. d. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties. e. No Africanized bees may be kept on the property. f. All colonies shall be managed to promote gentleness and mitigate swarming. Any colony exhibiting aggressive behavior without provocation shall be immediately destroyed or re-queened by the beekeeper with a queen bred for gentleness and non-swarming characteristics. g. Proof of registration of the colonies with the State of Illinois Department of Agriculture must be provided. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3 §11-10H-2 Table 2 – Group E: Permitted Uses in I-1 Industrial District Towing Businesses Motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motor scooters and mopeds.