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HomeMy WebLinkAboutMinutes - 08/16/2017 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes August 16, 2017 Vice-Chairman Thacker called the August 16, 2017 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Meyer, Miller, Sobotta, Thacker, and Walsh. Absent: Strach. Also in attendance were: Director of Economic Development Martin and Economic Development Assistant Wolf. Approval of Minutes Motion by Meyer, seconded by Miller, to approve the June 21, 2017 regular meeting minutes of the Planning and Zoning Commission Meeting as amended: Voting Aye: Meyer, Miller, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Doherty and Sobotta. Absent: Strach. Motion carried 4-0. Public Hearing: Full Circle Communities, Inc. (Applicant) for Jonco Properties LLC (Owner) File No. Z-913 3512 W Pearl Street; 3516 W Pearl Street; 3518 W Pearl Street and 1404 N Richmond Road Zoning Map Amendment from RS-4 and C-4 to RM-2; Variances; and Preliminary and Final Plat of Subdivision on the Subject Property Director of Economic Development Martin stated a new Special Meeting on this case is scheduled for Thursday August 31 at 7:30 p.m. due to a publication error for the original Regular Meeting date today. All public notice requirements have been met for the scheduled new Special Meeting date. Public Hearing: Kevin and Barbara Schechtel File No. Z-914 3615 W. Waukegan Road Use Variance from Article IV Residential Districts to allow a two-family dwelling on the Subject Property Vice-Chairman Thacker called the Public Hearing to order at 7:35 p.m. regarding File No Z-914, an application for a use variance from Article IV Residential Districts to allow a two-family dwelling on the subject property as submitted by Kevin and Barbara Schechtel, 810 Old Oak Circle, Algonquin, IL 60102. Planning and Zoning Commission August 16, 2017 Page 2 Vice-Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on July 31, 2017. Notices were mailed to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance was Mr. Kevin Schechtel, 810 Old Oak Circle, Algonquin, IL, owner of 3615 W. Waukegan Rd., McHenry, IL, who was sworn in by Vice-Chairman Thacker. Mr. Schechtel provided a summary of the request before the Commission at this Hearing stating they purchased the property 11 years ago as a rental investment property. The lower tenant moved in January 2017 and they did not seek another tenant as they were selling the property and wanted to leave the option of rental open for a new buyer; however upon finding a buyer through the loan process they discovered the 2-unit use (above and below) was non- conforming. They are here to make the use legal as an above and below rental unit. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is zoned RA-1 Attached Residential which permits single-family attached dwellings and townhouses, however it does not allow two-family dwellings. Single-family attached dwellings and townhomes are buildings with more than one dwelling unit separated by a common vertical wall. In accordance with the City’s zoning ordinance they are essentially the same with one exception. Single-family attached dwellings are required to be on individual lots (zero lot line/no building setbacks) and townhouses are on one lot. A two-family dwelling is simply one building with two dwelling units and a multiple-family dwelling is a building with three or more dwelling units and these can be on one lot and only located in the RM zoning districts whereas the RA-1 District solely permits single-family attached and townhouses (in groupings of six or fewer dwelling units). The subject property is a two-flat-with a unit on the first floor and a unit on the second floor. Each unit has a separate entrance and share a common driveway. In order to comply with the zoning ordinance the applicant is requesting a use variance to allow a two-family dwelling which is exactly what exists on the site now. Director Martin stated the applicant is required to obtain a use variance to make the subject property comply with the City’s zoning ordinance (become legal) whereas it is currently non- conforming because the use, while it exists, is not permitted in the zoning district. Additionally, since one of the two units has been vacant for more than 30 consecutive days the non- conforming two-flat cannot be reestablished, second unit occupied, without complying with the zoning ordinance. One way to comply with the zoning ordinance is to obtain a use variance. Approval criteria to be considered when evaluating a request for a use variance were discussed. The RA-1 zoning designation has been utilized in other areas of town but only in what we know as traditional townhome developments: Legend Lakes, Kresswood Trails, and Timber Trails. The Planning and Zoning Commission August 16, 2017 Page 3 proposed use variance will certainly not alter the local character and is consistent with the comprehensive plan. Maintaining the RA-1 zoning and approving a use variance to allow a two-family dwelling makes more sense because it allows these buildings in the older part of town, many constructed in the nineteenth century, to remain and continue to be utilized as they were intended. However under the RA-1 zoning the building cannot be utilized for more than two dwelling units but could be used as a single-family dwelling so there is some flexibility to this regard. Director of Economic Development Martin stated Staff recommends approval of a Use Variance at 3615 Waukegan Road to allow a two-family dwelling and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Vice-Chairman Thacker invited questions and/or comments from the Commission. Commissioner Miller stated she will abstain from the vote because she has had a past working relationship with the property owners but will participate in discussion. Vice-Chairman Thacker opened the floor to questions and comments from the audience. Mr. David Scott, 3619 Waukegan Rd., McHenry was sworn in by Vice-Chairman Thacker prior to addressing the Commission. Mr. Scott just wanted to clarify the use would only be two residential units above and below or single family and no other use. Director Martin answered affirmatively. Commissioner Sobotta asked if the use transfers with the property. Director Martin replied affirmatively. He explained it is only nonconforming now because one unit was vacant for more than 30 days. Mr. Schechtel stated there is one water service but two electric services and two separate entrances on the property when asked by Director Martin. Commissioner Thacker asked if this will happen with other properties on the street. Director Martin stated it could happen but it is very difficult to determine just by looking at these homes whether or not they are being used in the same manner so if it comes up it will be in the same way this one did – through the loan process in a property sale. Vice-Chairman Thacker closed the public comment portion of the hearing at 7:50 p.m. Commissioner Meyer asked if one of the units remains unused for more than 30 days again if this use variance would eliminate any problem in the future. Director Martin stated yes, that is the purpose of this petition. Motion by Meyer, seconded by Doherty, to recommend to the City Council with regard to File No. Z-914, approval of an application for a use variance from Article IV. Residential Districts to Planning and Zoning Commission August 16, 2017 Page 4 allow a two-family dwelling on the subject property be granted and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Aye: Doherty, Meyer, Sobotta, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Miller. Absent: Strach. Motion carried 5-0. Vice-Chairman Thacker closed the Public Hearing regarding File No. Z-914 at 7:51 p.m. Staff Report There is a special Planning and Zoning meeting scheduled for Thursday August 31, 2017 at 7:30 pm to consider a petition by Full Circle Communities Inc. for a zoning map amendment, variances, and preliminary and final plat of subdivision for the property located at 3512, 3516, and 2518 W. Pearl Street and 1404 N. Richmond Rd. The next regular Planning and Zoning meeting is scheduled for Wednesday, September 20, 2017. Commissioner Walsh gave a recap of the planning meeting he and Commissioner Strach attended in Lakemoor and thanked Director Martin for informing them of the meeting. Director Martin gave a brief overview of future planning he will work on with the Commission implementing updates to the City’s Comprehensive Plan. Adjournment Motion by Miller, seconded by Walsh, to adjourn the meeting at 8:05 p.m. Voting Aye: Doherty, Meyer, Miller, Sobotta, Thacker, and Walsh Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. The meeting was adjourned at 8:00 p.m. Respectfully submitted, __________________________________________ Dorothy M. Wolf, Economic Development Assistant City of McHenry