HomeMy WebLinkAboutPacket - 12/18/2024 - Planning and Zoning Commission
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PLANNING & ZONING COMMISSION
REGULAR MEETING NOTICE
DATE: Wednesday, December 18, 2024
TIME: 5:30 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: November 20, 2024
5. Public Input – (five minutes total on non-agenda items only)
6. Z-2024-20 A public hearing for consideration of a request for a Use Variance to accommodate the existing 2-
unit residential building, and any Zoning Variations necessary to accommodate all existing principal and
accessory structures on the property located at 1411 N Richmond Road. Petitioner: Noah Lloyd-Mietus
7. Open Discussion
8. Staff Report: Next Meeting Date: January 15, 2025
9. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
November 20, 2024
Chairwoman Rockweiler called the November 20, 2024, regular meeting of the City of McHenry
Planning and Zoning Commission to order at 5:30 p.m. In attendance were the following:
Commissioners Locke, Rockweiler, Riley, Bremer, Gleason, Lehman, and Beattie. Also in
attendance were City Planner Cody Sheriff, Director of Community Development Ross Polerecky,
and Deputy City Clerk Monte Johnson.
Approval of the Agenda:
Members of the Commission unanimously approved the agenda via voice vote.
Approval of Minutes:
A motion was made by Commissioner Lehman and seconded by Commissioner Gleason for
approval of the July 17, 2024, and October 23, 2024 Planning and Zoning Commission
Minutes as presented. Voice Vote: 7-ayes: Commissioners Rockweiler, Locke, Gleason,
Bremer, Riley, Lehman, Beattie. Motion Carried.
2025 Meeting Schedule
Members of the Commission unanimously approved the 2025 Planning & Zoning Commission
meeting schedule as presented via voice vote.
Public Input
No members of the public offered any public input.
File No. Z-2024-20
Petitioner: Matt Johnson
Request for a Use Variance to allow a Contractor’s Office at 3318 Pearl Street
Chairwoman Rockweiler opened the file at 5:31 p.m. Petitioner Matt Johnson was sworn in.
Planner Sheriff explained that the City’s new Comprehensive Plan was approved on Monday
night, so we can now use the recommendations from that plan. Although the plan recommends
a tourist type usage in this area, this is a low impact use. Everything must be stored indoors, and
the right of way line runs up to the building with all public parking, so there will be no vehicles
stored overnight. Staff does not anticipate any adverse impacts to the neighbors.
Commissioner Gleason asked if this space is only being used as office space, and Mr. Johnson
explained it was, and that nothing will be stored outside. He is the only person that will be
working in or using that space. Commissioner Locke asked if this has been newly painted, and it
was explained that the entire building has been painted within the last couple of years. It was
Planning and Zoning Commission
July 17, 2024
Page 2
also noted that the front part of the building is still being used as a bike shop. Director Polerecky
explained that bathrooms will need to be installed to make it occupiable, but this request is fine
with Staff snice the building is already an industrial use.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 5:37 p.m. With
nobody wanting to speak, she closed the public hearing at 5:37.
All members of the Commission agreed that this is good use of the property, and is a quiet, clean,
and small operation. No Commission members had any concerns.
A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to
recommend approval of the Petitioner’s request for a Use Variation to allow a contractor’s office
on the subject property, and my making said motion, they agree that the approval criteria for
Use Variances have been met as outlined in the staff report.
Roll Call Vote: 7-ayes: Bremer, Locke, Rockweiler, Riley, Gleason, Lehman, Beattie. Motion
Carried.
File Z-2024-20 was closed at 5:38 p.m.
Staff Report: Planner Cody Sheriff announced that a single-family development is being
proposed by Lennar. There are a variety of architectural style types of homes with
different age targeted units. Staff is also actively working with Redwood for their
development, and it should be coming forward to City Council for approval in December.
He also reported that the Landmark School has been approved as a historical landmark,
and the Comprehensive Plan was approved at Monday’s meeting.
Commissioner Bremer expressed her frustration with the City Council and questioned the
Commission’s role as they put a lot of time, effort, and discussions into these meetings. It is
painful when it goes forward to the City Council, and they don’t follow their
recommendation. Planner Sheriff stated that the Planning & Zoning Commission is a
recommending body, and that the City is required to have the Commission by State law.
Chairwoman Rockweiler questioned why the Council did not approve the storage unit
proposal, and Planner Sheriff stated that the opposition was mainly due to the outdoor
units. Once those were removed from the proposal, the item passed by a majority vote.
Commissioner Locke thanked Ross Polerecky and his staff for working on getting properties
cleaned up with screening. He believes Director Polerecky does not get recognized for what he
does behind the scenes.
Adjourn: Members of the Commission unanimously approved to adjourn the meeting at 5:49
via voice vote.
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 Property Owner, Noah Lloyd-Mietus, is requesting the following zoning approvals for the property located
at 1411 N Richmond Road to accommodate the existing 2-flat and detached garage:
• Use Variance to accommodate the existing 2-unit residential dwelling.
• Zoning Variation to allow a minimum lot area of 7,250 square feet in lieu of the required 10,000 square
feet.
• Zoning Variation to allow a minimum lot width of 50 feet in lieu of the required 100 feet.
• Zoning Variation to allow a rear yard setback of 1.35 feet in lieu of the required 6.25 feet to
accommodate the existing detached garage.
• Zoning Variation to allow a Corner Side Yard (Grand Avenue) setback of approximately 2 feet in lieu of
the required 15 feet to accommodate the existing detached garage.
• Any other Zoning Variations necessary to accommodate the existing principal and accessory structures.
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 Property Owner contacted
City Staff to inquire about the legal status of the existing 2-flat prior to the purchase of the property in
November. Staff informed the petitioner regarding the nonconforming status of the 2-flat and existing
detached garage and explained the process to bring the property into compliance.
Similar to past arrangements for nonconforming residential structures in the Downtown, staff performed a
walkthrough inspection and identified several issues the Property Owner will need to address to bring the
property in compliance with Building Code. Additionally, the existing detached garage was built almost to the
property line and therefore the site has limited parking. Staff is recommending the Property Owner add at
least two (2) additional parking spaces onsite to accommodate both units and to be in compliance with the
Zoning Ordinance.
The subject property is located in Lakeview Addition to McHenry Subdivision which was platted in 1922.
Although there is no exact evidence available to determine when the 2nd unit was created, the City’s water
billing records indicate the site has operated as a 2-unit dwelling since at least 2012 (2012 is as far back as the
City’s water billing records can go). The submitted records from a prior owner’s appraisal also shows the sale
of the property as a 2-unit dwelling in 2000 (24 years ago).
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 Subject Property is currently zoned RS-4 High Density Single Family Residential District. The surrounding
properties primarily consists of RS-4 zoning and single-family housing with Montini Catholic School to the
south. The primary concern is how the property will fit in within the character area. Several properties near
the Subject Property have received approval for similar requests such as 1407 N Court Street, 1507/1508 N
Green Street and 3723 Grand Avenue. Given the longevity of the use of the property as a 2-unit dwelling (20+
years) staff does not believe approval of the request would be out of character with the area.
FUTURE LAND USE MAP RECOMMENDATION
The Vision 2050 Downtown Future Land Use Map recommends Downtown Neighborhood which
“…encompasses the residential neighborhoods surrounding the downtown commercial and mixed-use areas
around Main Street, Green Street, and Riverside Drive. The neighborhood is laid out with traditional blocks,
smaller houses, historic architectural styles, and porches. Infill housing and home-based businesses mixed in
with small and unique boutique businesses is appropriate here. Along with convenience store/grocery
shopping” (p. 58). Therefore, the request is consistent with the Future Land Use Map Recommendation for
infill housing.
VISION 2050 DOWNTOWN PLAN - BIG IDEAS & GOALS
Overall, staff believes the proposed development is somewhat consistent with the City’s Vision 2050
Downtown Plan. Staff comments italicized.
• ACTION 1.5 – “Amend the zoning ordinance to allow higher density housing in the Downtown to
encourage walking and biking, and to reduce dependence on automobiles.” (p. 81)
Staff believes approval of the request would be consistent with the City’s goal of providing higher
density housing in the Downtown to promote walking and biking while reducing automobile
dependence.
SITE PLAN ANALYSIS
• Parking. The City’s Offstreet Parking and Loading Ordinance requires 2 parking spaces per dwelling unit
for single-family attached/detached. Staff is including as a condition of approval that the petitioner
shall add a minimum of two additional paved asphalt or concrete parking spaces onsite to be reviewed
and approved at the discretion of the Zoning Administrator.
• Zoning District Bulk and Setback Variance Requests. The existing principal unit and accessory
structure have existing on site since at least 1927 according to the McHenry Township Assessors Office.
Given the longevity of the establishment of the existing structures, and use of the property as a 2-unit
dwelling, staff does not anticipate any adverse impacts on the adjoining property owners.
STAFF SUMMARY ANALYSIS.
• Staff believes the proposed use of the property as a 2-unit dwelling has operated on site for over 24
years according to the documents submitted by the Property Owner.
• Staff believes the request is consistent with the Future Land Use Map for Downtown Neighborhood
which recommends infill housing.
• Staff believes the request is consistent with the Comprehensive Plan Recommendation for increasing
density within the downtown area.
• The City has approved similar requests within the vicinity of the subject property (1407 Court St.,
1507/1508 N Green St., and 3723 Grand Avenue).
• Staff is recommending several conditions of approval: 1) the Property Owner shall add two additional
paved asphalt or concrete parking spaces on the Subject Property to be reviewed and approved at the
discretion of the Zoning Administrator; and 2) the Property Owner shall address any outstanding
building code related issues as noted in the walkthrough inspection comments dated 9/23/2024 and 3)
All repair work and additional parking shall be completed within one year of approval by City Council.
If the Planning & Zoning Commission agrees with the petitioner’s request, then the following two (2)
motions are recommended:
1st MOTION: I motion/move to recommend approval of the Petitioner’s request for a Use Variation to allow a
2-Unit Residential Dwelling on the Subject Property Subject to the following conditions:
1. The Property Owner shall add two additional paved asphalt or concrete parking spaces on the Subject
Property to be reviewed and approved at the discretion of the Zoning Administrator;
2. The Property Owner shall address any outstanding building code related issues as noted in the
walkthrough inspection comments dated 9/23/2024; and
3. All repair work and additional parking shall be completed within one year of approval by City Council.
AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined
in the staff report.
(2nd motion begins on next page)
2nd MOTION: I motion/move to recommend approval of the Petitioner’s request for the following Zoning
Variations:
1. Zoning Variation to allow a minimum lot area of 7,250 square feet in lieu of the required 10,000 square
feet.
2. Zoning Variation to allow a minimum lot width of 50 feet in lieu of the required 100 feet.
3. Zoning Variation to allow a rear yard setback of 1.35 feet in lieu of the required 6.25 feet to accommodate
the existing detached garage.
4. Zoning Variation to allow a Corner Side Yard (Grand Avenue) setback of approximately 2 feet in lieu of the
required 15 feet to accommodate the existing detached garage.
5. Any other Zoning Variations necessary to accommodate the existing principal and accessory structures.
AND by making said motion, you agree that the approval criteria for Variances 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, 3723 Grand Avenue)
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/infill 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 2000.
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: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice.
PUBLIC HEARING NOTICE
FILE Z-2024-18
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 5:30 P.M. on Wednesday, December 18, 2024 to consider an application by
Noah Lloyd-Mietus of 80 New Castle Ct, Crystal Lake, IL 60014 (“Property Owner”) for the
following requests in accordance with the City of McHenry Zoning Ordinance:
Request for a Use Variation to accommodate the existing 2-unit residential building, and any
Zoning Variations necessary to accommodate all existing principal and accessory structures.
Location: The site consists of 0.166 acres, more or less, and is located on the northwest corner
of the intersection of Richmond Road (IL-31) and Grand Avenue with a common address of
1411 N Richmond Road. (“Subject Property”).
PIN: 09-26-327-046
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. 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
SHAW MEDIA
EST. 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815)459-4040
ORDER CONFIRMATION (CONTINUED)
Salesperson: BARBARA BEHRENS Printed at 11/27/24 08:51 by bbehr-sm
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Acct #: 10069745 Ad #: 2210753 Status: New
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-2024-18
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
5:30 P.M. on Wednesday,
December 18, 2024 to
consider an application by
Noah Lloyd-Mietus of 80
New Castle Ct, Crystal
Lake, IL 60014 ("Property
Owner") for the follo wing
requests in accordance with
the City of McHenry Zoning
Ordinance:
Request for a Use
Variation to accommodate
the existing 2-unit
residential building, and
any Zoning Variations
necessary to accommodate
all existing principal and
accessory structures.
Location: The site consists of
0.166 acres, more or less,
and is located on the
northwest corner of the
intersection of Richmond
Road (IL-31) and Grand
Avenue with a common
address of 1411 N
Richmond Road. ("Subject
Property").
PIN: 09-26-327-046
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. 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
(Published in Northwest
Herald November 30,
2024) 2210753