HomeMy WebLinkAboutMinutes - 07/10/2019 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission
Special Meeting Minutes
July 10, 2019
Chairman Strach called the July 10, 2019 special meeting of the City of McHenry Planning and
Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Gurda,
Lehman, Strach, Sobotta, Thacker and Walsh. Absent: None. Also in attendance were Director of
Economic Development Martin and Economic Development Coordinator Wolf.
Chairman Strach opened the public portion of the meeting at 7:30 p.m. There was nobody in
attendance who wished to address the Commission with public comment.
Public Hearing: City of McHenry
File No. Z-952
Text amendment to the City of McHenry Zoning Ordinance: Article IV. General
Residential District Regulations Table 4: Residential District Requirements to exclude:
Lots 20-43; 71-83; and 139-151 of the Final Plat of Subdivision of Patriot Estates (Duplex
Lots) dated January 9, 2006, and recorded in the Office of the Recorder of Deeds,
McHenry County, Illinois on November 3, 2006, as Document No. 2006R0081409 from a
minimum side yard setback requirement of 15 ft. to a minimum side yard setback of 7 ft.
Chairman Strach called the Public Hearing to order at 7:34 p.m. regarding File No. Z-952 a request
for a Text amendment to the City of McHenry Zoning Ordinance: Article IV. General Residential
District Regulations Table 4: Residential District Requirements to exclude: Lots 20-43; 71-83;
and 139-151 of the Final Plat of Subdivision of Patriot Estates (Duplex Lots) dated January 9,
2006, and recorded in the Office of the Recorder of Deeds, McHenry County, Illinois on November
3, 2006, as Document No. 2006R0081409 from a minimum side yard setback requirement of 15
feet to a minimum side yard setback of 7 feet
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
June 22, 2019. A Certificate of Publication is on file in the City Clerk’s Office.
Director of Economic Development gave the Staff report stating due to an error in the City’s zoning
map several years ago the Patriot Estates Duplex Neighborhood was planned to be built with an
incorrect setback, RS-3 setbacks instead of the correct RM-2 setback. Cunat Development, the
builder, designed a home product which did not meet the side yard setback, and when the error
was discovered some lots were already built and incorrect setbacks were not caught, and other
unimproved lots need to accommodate the housing product and adjusted setback. Director Martin
clarified this error only impacts the interior side yard setback.
Director Martin stated this request was presented as a text amendment to the zoning ordinance due
to the number of lots involved, approximately 40-50, which would exclude them from meeting the
side yard setback, 15’, of the RM-2 district, which is the correct zoning district. The RS-3 interior
side yard setback is 10 feet or 10% of the lot width, whichever is less. A plat was presented as an
exhibit to an ordinance, also presented, indicating the side yard setback for each lot in the
neighborhood and a notation would be made in the zoning ordinance that these specific lots do not
Planning and Zoning Commission
July 10, 2019
Page 2
have to meet the required side yard setback of the RM-2 district. The minimum side yard setback
proposed is 7 feet instead of 15 feet. With this variance of 8 feet all lots would be conforming.
Director Martin stated Staff recommends approval of a Text Amendment and Notation to Article
IV, Table 4 of the zoning ordinance as presented.
There were no questions or comments from the Commissioners.
Chairman Strach opened the floor to questions and comments from the audience. There was
nobody in attendance who wished to address the Commission regarding this matter. Chairman
Strach closed the public comment portion of the hearing at 7:37 pm.
Motion by Lehman seconded by Walsh to recommend to the City Council with regard to File No.
Z-952, approval of a Text Amendment and Notation to Article IV, Table 4 of the zoning ordinance
to read:
Article IV. General residential district regulations Table 4: Residential District Requirements
(RM-2) to exclude: lots 20-43; 71-83; and 139-151 of the Final Plat of Subdivision of Patriot
Estates (duplex lots) dated January 9, 2006, and recorded in the office of the Recorder of Deeds,
McHenry County, Illinois on November 3, 2006, as document no. 2006R0081409 from a minimum
side yard setback requirement of 15 feet to a minimum side yard setback of 7 feet.
Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0
Chairman Strach closed the Public Hearing regarding File No. Z-952 at 7:40 pm.
Adjournment
Motion by Doherty seconded by Thacker to adjourn the meeting at 7:45 p.m.
Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
__________________________________
Shawn Strach, Chairman
Planning & Zoning Commission