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HomeMy WebLinkAboutMinutes - 03/18/2015 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes March 18, 2015 Chairman Strach called the March 18, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Bromley, Nadeau, Strach, and Thacker. Absent: Doherty, Vallez, Sobotta. Also in attendance were: Director of Economic Development Martin, City Attorney Kelly Cahill and Planning and Zoning Assistant Wolf. No one signed in to speak during Public Input. Approval of Minutes Motion by Nadeau, seconded by Bromley, to approve the minutes of the Planning and Zoning Commission Meeting as presented: February 18, 2015 regularly scheduled meeting. Voting Aye: Bromley, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Vallez, Sobotta. Motion carried 4-0. Public Hearing: McHenry Elementary School District 15 File No. Z-855 2615 W. Lincoln Rd. Conditional Use Permit to allow an assembly use (educational institution) and proposed additions totaling approximately 6,800 square feet and any variances required to effectuate the aforementioned request (Hilltop School) Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 855, an application for a conditional use permit to allow an assembly use (educational institution) and proposed additions totaling approximately 6,800 square feet and any variances required to effectuate the aforementioned request on the subject property as submitted by McHenry Elementary School District 15 for the property located at 2615 W. Lincoln Rd., McHenry, IL (Hilltop School). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 2, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were: Mark Bertolozzi, McHenry School District 15 CFO, 1011 N. Green St. McHenry IL 60050 Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St. McHenry, IL 60050 Mark Bertolozzi, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148 who were sworn in by Chairman Strach. Planning and Zoning Commission March 18, 2015 Page 2 Mr. Bertolozzi provided a summary of the request before the Commission at this Hearing stating a conditional use permit is being requested to build a 6,800 sq. ft. addition. A mobile classroom will be demolished and the addition will house new classrooms. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating in 2000 the City Council approved an ordinance annexing the property located at 2615 W Lincoln Road, however a conditional use permit to allow an educational facility was never obtained. McHenry Elementary School District 15 is currently in the process of a long-range plan to remove mobile classrooms at all of its schools by adding building additions. The City’s zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. Two additions are being proposed at Hilltop Elementary School and will total approximately 6,800 square feet. One will be constructed onto the northeast corner of the school and the other at the southern end of the school building. They will replace an existing mobile classroom immediately north of the 4,200 square-foot addition at the northeast corner of the school. There will be no additional parking required and the occupant load of the facility will not change as a result of the additions. Staff believes the additions will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education’s Office, however the City will be required to issue a storm water permit, following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. Director of Economic Development Martin stated it is Staff’s recommendation to approve a conditional use permit to allow an assembly use (educational institution) at 2615 W Lincoln Road with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 17, 2015. Staff finds the requirements of Table 31 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired why the mobile classrooms were being demolished rather than reused. Mr. Hoffman replied the district has to report to the state every year and the trailers are out-dated and not acceptable for use. In reporting, they discovered their school district had the most mobile classrooms in McHenry County. They are required to provide a plan to the state that provides a plan for moving students out of the mobile classrooms. Chairman Strach opened the floor to questions and comments from the audience. Mr. William Kotomski, 2619 W. Lincoln Rd., McHenry, IL was sworn in by Chairman Strach prior to addressing the Commission. Mr. Kotomski stated he lives right next to Hilltop and inquired if the addition is a one or two-story addition and how long construction might take. Mr. Bertolozzi responded it is expected to be a 6-month project . There was further discussion on the times construction was allowed and how much noise might be generated. Director of Economic Development Martin stated the construction crews will need to follow the requirements for construction hours allowed by ordinance within the city. Mr. Kotomski inquired if the expansion is mostly in front of school toward Lincoln Rd. and how far toward Lincoln Rd. it will extend. Mr. Bertolozzi stated the addition is basically where the mobile classroom is located now Planning and Zoning Commission March 18, 2015 Page 3 but will more or less be equal with the existing building line that is presently there and will not impact existing drives and parking lot. Chairman Strach closed the public comment portion of the hearing at 7:40p.m. Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z- 855, an application for a conditional use permit to allow an assembly use (educational institution) and proposed additions totaling approximately 6,800 square feet and any variances required to effectuate the aforementioned request on the property located at 2615 W. Lincoln Rd., McHenry, IL as presented by applicant McHenry Elementary School District 15 (Hilltop School), with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 17, 2015, be granted, and that Table 31 of the Zoning Ordinance has been met. Voting Aye: Bromley, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Vallez, Sobotta. Motion carried 4-0. Chairman Strach closed the Public Hearing regarding File No. Z-855 at 7:42 p.m. Public Hearing: McHenry Elementary School District 15 File No. Z-856 3711 W. Kane Ave. Conditional Use Permit to allow an assembly use (educational institution) and proposed addition of approximately 5860 square feet and any variances required to effectuate the aforementioned request (Duker School) Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z- 856, an application for a conditional use permit to allow an assembly use (educational institution) and proposed addition totaling approximately 5,860 square feet and any variances required to effectuate the aforementioned request on the subject property as submitted by McHenry Elementary School District 15 for the property located at 3711 W. Kane Ave., McHenry, IL (Duker School) . Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 2, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were: Mark Bertolozzi, McHenry School District 15 CFO, 1011 N. Green St. McHenry IL 60050 Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St. McHenry, IL 60050 Mark Bertolozzi, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148 who were all previously sworn in by Chairman Strach. Mr. Bertolozzi provided a summary of the request before the Commission at this Hearing stating Planning and Zoning Commission March 18, 2015 Page 4 a conditional use permit is being requested to build a 5,860 sq. ft. addition. Three mobile classrooms will be demolished on the west side and the addition will house new classrooms. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating in 1996 the City Council approved two ordinances for the properties located at 3711 and 3801 Kane Avenue: the first of which granted a variance to allow four principal buildings on one zoning lot and the second permitting a conditional use permit to allow the operation of an educational facility. Although a conditional use permit was obtained in 1996 the zoning ordinance requires any addition, expansion or structural alteration to property with an existing conditional use permit to obtain an additional conditional use permit. The proposed addition at Chauncey H. Duker will be approximately 5,860 square feet, constructed onto the southwest corner of the school, and will replace three mobile classrooms. There will be no additional parking required and the occupant load of the facility will not change as a result of the addition. Staff believes this will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education’s Office; however, the City will be required to issue a storm water permit following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. Director of Economic Development Martin states it is Staff’s recommendation to approve a conditional use permit to allow an assembly use (educational institution) at 3711 W. Kane Ave. with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 17, 2015 and Staff finds the requirements of Table 31 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired if the new addition will be tied into the present structure or if students will have to walk outside to get to the addition. Mr. Bertolozzi replied they will be connected so students do not have to walk outside. Commissioner Thacker inquired if the addition will be a one or two-story structure. Mr. Bertolozzi replied it is a one-story structure. Commissioner Bromley asked if it was being built with the possibility of adding a second floor in the future. Mr. Bertolozzi stated a two-story structure was not built into the plans and not considered at this time adding there is plenty of surrounding land available to provide for expansion if it is needed in the future. Discussion ensued. Mr. Bertolozzi stated the building plans were scaled down to do the most work necessary within the budget at this time. Commissioner Nadeau asked why a storm water permit is required by the city. Director of Economic Development Martin stated it is an ordinance requirement to make sure all storm water requirements are met on building projects. Chairman Strach opened the floor to questions and comments from the audience. Kim Ryan, 3710 Ann St., McHenry, IL was sworn in by Chairman Strach prior to addressing the Commission. Ms. Ryan stated flooding and storm water drainage is an issue where she lives and asked if the land for the addition will be graded toward McCracken Field or toward Ann St. and what the plan for drainage will be. Director of Planning and Zoning Commission March 18, 2015 Page 5 Economic Development Martin stated it will be designed for where it naturally flows which would be South. He further stated the City realizes that area is a sensitive drainage area. There is an engineer for the project and storm water runoff will be addressed to be sure the water goes where it is supposed to. Chairman Strach closed the public comment portion of the hearing at 7:52 p.m. Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z- 856, an application for a conditional use permit to allow an assembly use (educational institution) and proposed addition totaling approximately 5,860 square feet and any variances required to effectuate the aforementioned request on the property located at 3711 W. Kane Ave., McHenry, IL as presented by applicant McHenry Elementary School District 15 (Duker School), with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 17, 2015, be granted, and that Table 31 of the Zoning Ordinance has been met. Voting Aye: Bromley, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Vallez, Sobotta. Motion carried 4-0. Chairman Strach closed the Public Hearing regarding File No. Z-856 at 7:53 p.m. Public Hearing: Curt Ames, Chain O’Lakes Brewing Company File No. Z-854 3425 Pearl Street Conditional use permit to allow a tavern with on-site processing, food preparation, live entertainment (indoor and outdoor), outdoor seating and outdoor service of food and alcohol and any other variances required to effectuate the aforementioned request. Chairman Strach called the Public Hearing to order at 7:54 p.m. regarding File No Z-854 an application for a Conditional use permit to allow a tavern with on-site processing, food preparation, live entertainment (indoor and outdoor), outdoor seating and outdoor service of food and alcohol and any other variances required to effectuate the aforementioned request as submitted by Curt Ames, Chain O’Lakes Brewing Company for the property located at 3425 Pearl St. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 3, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance was Curt Ames, 3425 Pearl St., McHenry, IL who was sworn in by Chairman Strach. Mr. Ames provided a summary of the request before the Commission at this Hearing, stating he is requesting a conditional use permit to allow a tavern with on-site processing, food preparation, live entertainment (indoor and outdoor), outdoor seating and outdoor service of food and alcohol at his business, Chain O’Lakes Brewing Company, on a permanent basis. Planning and Zoning Commission March 18, 2015 Page 6 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating there is no interior on-site food preparation however patrons can order food from area restaurants to consume on the subject property. In May 2014 a temporary use permit was granted to allow the applicant to sell food, through the use of food trucks, by outside vendors and to permit the sale of alcohol outside as well as to setup an outdoor seating and entertainment area (beer garden) through October 31, 2014. On October 20, 2014 this temporary use permit was extended through November 29, 2014. The applicant is currently requesting a conditional use permit to allow a tavern with on-site processing, food preparation, live entertainment, outdoor seating and service of food and alcohol and any other variances required. This would allow the applicant to do what he was approved to do originally (tavern with on-site processing) but also what he has done through the temporary use permits on a permanent basis. The property is currently zoned C-4 Downtown Commercial and is surrounded by C-4 zoned properties on the east, west and south sides, and an RS-4 High-Density Single-Family zoned neighborhood to the north. This proposal requires an administrative site plan review because the project complies with all the bulk and other regulations in the C-4 district; however due to the expansion of the existing conditional use permit for a tavern with on-site processing an additional conditional use permit is required to be reviewed by the Planning and Zoning Commission at a public hearing and then considered by the City Council. Staff believes the proposed uses are appropriate for a downtown area as they increase pedestrian traffic, and the adaptive reuse of the existing building has been a great success over the past two years and serves as a destination for many consumers who patronize the business. The applicant has set up an outdoor beer garden atmosphere with tables and umbrella structures, along with an area to host outdoor entertainment and to facilitate a mobile beer truck and mobile food truck. The applicant has held several outdoor events in conjunction with Fiesta Days, Taste of McHenry, etc. and has done a great job doing everything the City has asked in managing these events on the subject property and has no concerns with this request. Staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C-4 zoning district. Director of Economic Development Martin stated it is Staff’s recommendation to approve a conditional use permit to allow a tavern with on-site processing, food preparation, live entertainment (indoor and outdoor), outdoor seating and outdoor service of food and alcohol and any other variances required to effectuate the aforementioned request, with the condition: 1. There shall be no interior food preparation permitted unless the applicant obtains a building permit from the City and approval from the McHenry County Health Department; 2. There shall no general public access to the second floor of the building; 3. Site Plan shall be incorporated into a conditional use permit ordinance which will be presented to and considered by the City Council, and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Planning and Zoning Commission March 18, 2015 Page 7 Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker inquired as to whether any live entertainment would be contracted to perform for mostly daytime or evening hours. Mr. Ames responded his current hours are 4pm-9pm Wednesday – Friday and 12pm-8pm Saturday. Live entertainment will usually be held in conjunction with downtown business events which will generally be from 11-4 or 12-4. They do currently have music played sometimes outside during events. Commissioner Thacker asked if there have ever been any complaints. Mr. Ames replied he has had three complaints since he has opened. The complaints were because hours for an event were posted for specific times and the music actually played a few minutes later than the posted time. Mr. Ames further stated they complied with the complaints immediately upon being informed. Commissioner Nadeau inquired if parking has been an issue. Mr. Ames replied it has not been any more of an issue than it is anywhere downtown when it is generally busy anyway. They do have 4 spots in the back of the outdoor beer garden and one is a handicap accessible spot. Commissioner Bromley inquired if live music will generally be for special events only or on a more daily basis. Mr. Ames stated it is not meant to be a daily occurrence but rather to give them more opportunity to work with City events as they come up. 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 8:02 p.m. Commissioner Nadeau asked if the food trucks were owned and operated by Mr. Ames or who they belonged to. Mr. Ames stated they are not his but are food trucks approved by the county to operate at festivals, etc., like MJ’s Coffee and A Family Affair. Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z- 854, an application for a Conditional use permit to allow a tavern with on-site processing, food preparation, live entertainment (indoor and outdoor), outdoor seating and outdoor service of food and alcohol and any other variances required to effectuate the aforementioned request on the property located at 3425 Pearl St., McHenry, IL as presented by applicant Curt Ames, Chain O’Lakes Brewing Company, with the condition: 1. There shall be no interior food preparation permitted unless the applicant obtains a building permit from the City and approval from the McHenry County Health Department; 2. There shall no general public access to the second floor of the building; and 3. Site Plan shall be incorporated into a conditional use permit ordinance which will be presented to and considered by the City Council, 4. be granted, and that Table 31 of the Zoning Ordinance has been met. Planning and Zoning Commission March 18, 2015 Page 8 Voting Aye: Bromley, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Vallez, Sobotta. Motion carried 4-0. Chairman Strach closed the Public Hearing regarding File No. Z-854 at 8:04 p.m. Public Hearing: Mike Lovergine File No. Z-857 Northwest Corner of Bally Rd. and Prairie St. Use Variance to allow a storage garage/building as a principal use in a residential zoning district and a four-foot front yard building setback Variance for the aforementioned principal building Chairman Strach called the Public Hearing to order at 8:05 p.m. regarding File No Z-857 an application for Use Variance to allow a storage garage/building as a principal use in a residential zoning district and a four-foot front yard building setback Variance for the aforementioned principal building as submitted by Mike Lovergine for the property located at the northwest corner of Bally Rd. and Prairie St, in McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on February 27, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance was Mike Lovergine, 502 Bally Rd., McHenry, IL who was sworn in by Chairman Strach. Mr. Lovergine provided a summary of the request before the Commission at this Hearing stating he is requesting to build a shed across from his home as well as an 18’ x 52’ addition on his garage. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the requested action is a use variance to allow a storage garage/building as a principal use in a residential zoning district and a four-foot front yard building setback variance for that principal building. The subject property is zoned RS-3 and contains an approximately 2,184 sq. ft. one-story garage which is considered the principal structure and two accessory structures. The site consists of a large area of floodplain and wet soils and is surrounded by roads on all sides. A garage, consisting of 1,248 square-feet is existing and the proposed addition would be immediately to the north of that. The original garage which was constructed several years ago is approximately 26 feet from the property line along Bally Road and 18 feet from the property line along Prairie Street. The applicant does not have a garage on his lot with his residence and utilizes the garage on the subject property to store various items. Recently, the applicant sought to expand the garage to approximately 2,184 square feet but did not realize he was not permitted to do so without obtaining the appropriate zoning relief. Planning and Zoning Commission March 18, 2015 Page 9 A use variance is required because the original 1,248 square foot garage is non-conforming. The property is zoned residential and garages are not permitted as principal uses in residential zoning districts. They are only permitted as accessory uses, however the 1,248 square-foot garage is not accessory to anything. Additionally, the zoning ordinance requires off-street parking for single-family detached and attached dwellings to be provided on the same lot as the use served. The zoning ordinance does not permit an addition, enlargement, or structural alteration to be made to a structure on a property having a nonconforming use. The garage is located on a lot surrounded on all sides by roadways. The zoning ordinance does not specifically address this type of lot; however staff has determined the subject property to be in substantial conformance with the definition of a corner lot. By definition the front yard of this lot is off of Bally Road and the corner side yard is off of Prairie Street, and the RS-3 front yard building setback requirement is 30 feet, and the corner side yard building setback requirement is 15 feet. The existing structure is setback approximately 26 feet from Bally Road (front yard) and 18 feet from Prairie Street (corner side yard) therefore a four-foot front yard building setback variance is required. The zoning ordinance states that there shall be no addition, enlargement, or structural alteration made to any structure on a property having a Standards Nonconformity (in this instance front yard setback) without the conformance of any new addition or enlargement portion of the structure to all requirements of the zoning district. The applicant is seeking to expand the structure, which has already begun but has now been placed on hold, until a use variance is granted. The use variance is being requested so the applicant could expand the principal structure without a front yard building setback variance because the expansion will not make the existing structure any more non-conforming as defined above, as the addition will be at least 26 feet from the front property line. Staff believes a front yard setback variance should be obtained however, to eliminate the standard non-conformity of the existing principal structure. The applicant also maintains two other, smaller buildings on the subject property which staff has determined to be accessory uses/structures due to the fact they are subordinate and incidental to the principal structure, which is the garage. The applicant will remove the accessory building to the north of the principal structure but maintain the accessory structure to the west of the principal structure. Finally, the applicant wants to construct another 378 square-foot accessory building which was depicted on the site plan (21’ X 18’). The zoning ordinance does permit lots in residential (RS) districts to have two accessory buildings not exceeding 1,000 square feet total. The proposed 378 square foot building and existing building to the west are also required to be at least 10 feet from the principal structure (2,184 square-foot garage including addition). Finally the proposed 378 square foot structure and accessory building to the west of the principal building cannot be located in any yard other than a required rear yard. The proposed 378 square-foot accessory building must be at least 30 feet from the property line off of Bally Road, and the existing accessory building to the west of the principal building which will remain is already located outside of the corner side yard and front yard. Planning and Zoning Commission March 18, 2015 Page 10 A use variance relates to the actual principal land use-in this case a proposed 2,184 square foot storage garage and the variance relates to the building setback of the principal building, in this case the requirement is 30 feet and the actual setback is approximately 26 feet. This is an extremely unique property, and the only other property staff could think of which is surrounded on all sides by roadways is Veterans Memorial Park. Practical difficulty exists in that the applicant does not have room to construct a garage on the lot his principal residence is located on; the subject property contains a very large area of regulatory floodplain which would have to go through extra processes to build on, and is directly across the street from the applicant’s residence. Homes with residences having garages on one side of the road and homes on the other also exist in Lakewood Subdivision; however Lakewood Road is a private road. Staff is recommending the removal of the accessory structure immediately to the north of the principal structure. The proposed use (garage) will not alter the character of the area, and staff is recommending the new 378 sq. ft. structure proposed (21’ X 18’) be in substantial conformance with the appearance of the principal structure including: siding color, roof line/pitch, height and mass. Staff is also recommending a paved driveway be installed to the third structure concurrently with construction of the structure. Additionally, staff is recommending all outside material/storage items on the entire 4 acre parcel of property be removed, cleaned-up/stored inside and the addition to the principal building be completed prior to construction of the third building as depicted on the site plan. Director of Economic Development Martin stated it is Staff’s recommendation to approve a Use Variance to allow a storage garage/building as a principal use on the subject property, not-to-exceed (42’ X 52’), in a residential zoning district and approval of a four-foot front yard building setback Variance for the principal building conditioned on the following: • Approximately 100 sq. ft. existing accessory structure immediately adjacent to principal building to the north must be removed, addition to the principal structure must be completed and all exterior items/materials located on the entire 4 acre subject property must be removed prior to commencement of the construction of the third building, (21’ X 18’), as depicted on site plan; • There shall be no business conducted on the subject property and the buildings on the subject property cannot be utilized for anything other than storage of items owned by the applicant; • Site plan shall be amended to include locations and dimensions of accessory building immediately to north of principal building/expansion and reflecting its required removal as stipulated above, as well as the existing accessory building to west of principal building; • Following amendment to the site plan as outlined above, a new site plan depicting existing principal building and expansion (42’ X 52’); existing accessory buildings to the north and west of principal building and proposed third accessory building (21’ X 18’) including approximate locations shall be incorporated into ordinance to be considered by City Council; • Proposed third structure (21’ X 18’) must be located a minimum of 10 feet from principal structure (42’ X 52’) as well as existing accessory structure to west of principal structure; • Proposed third structure must be located outside of the required front and corner side yards and in conformance with all other City ordinances, rules and regulations; • Third structure must be in substantial conformance with the appearance of principal structure including: siding color, roof line/pitch, height and mass; Planning and Zoning Commission March 18, 2015 Page 11 • A paved driveway must be installed to third structure concurrently with construction of third structure, and Staff finds all requirements in Tables 32 and 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau asked Mr. Lovergine why he was building such large structures. Mr. Lovergine replied he needs room to store household items, the lawn mowing equipment and a boat and cars as well as other personal items. Chairman Strach opened the floor to questions and comments from the audience. Mr. Tom Kuchenmeister, 2914 Bull Valley Rd., McHenry, IL was sworn in by Chairman Strach prior to addressing the Commission. Mr. Kuchenmeister stated he lives on the property abutting the flood plain area of Mr. Lovergine’s property. He expressed a concern regarding the size and number of the structures asking for confirmation that they are not meant for neighborhood storage or business use and traffic. He also asked for confirmation that the trees and other growth now forming a natural barrier for noise and aesthetics will not be removed. Mr. Kuchenmeister further stated he does not want the property to look unsightly and is asking for consideration of the property being used for access by recreational vehicles to Bull Valley Rd. Mr. Lovergine responded to Mr. Kuchenmeister’s concerns stating the recreational vehicles that use his property are not his and he now has No Trespassing signs posted on the property. He stated outside of that he has a hard time controlling other neighbors using his property to cut through to Bull Valley Rd., but he does try. Mr. Lovergine stated the garage is on the north side of his property and won’t be seen from Mr. Kuchenmeister’s property. He further stated the structures on the property are meant only for his private use and will not be shared by the neighbors or for his business. He also stated he has no intention to remove any trees or shrubs providing the natural barrier. Director of Economic Development Martin stated one of the conditions in the recommendation is that no business is being conducted on the property and it is for Mr. Lovergine’s private use only. Another condition is that driveways are installed directly to the structures. Mr. Lovergine and Director of Economic Development Martin confirmed the driveway for the 21x18 additional structure proposed will be off of Bally Rd. Mr. Martin reiterated the conditions of staff’s recommendation. Discussion ensued following Mr. Kuchenmeister’s concerns regarding the flood plain area of the property and how or why it would have been sold to a private party as well as building regulations for that area. Director of Economic Development Martin stated flood plain property can be built on but there are more rules to be followed in the building process and it makes it a substantial deterrent to build on the property because FEMA has now named it a flood plain. Any further building on that property would need to come before the Planning and Zoning Commission before any further building could be done. Chairman Strach closed the public comment portion of the hearing at 8:27 p.m Planning and Zoning Commission March 18, 2015 Page 12 Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z- 857, an application for a use variance to allow a storage garage/building as a principal use in a residential zoning district and a four-foot front yard building setback Variance for the aforementioned principal building on the property located at the northwest corner of Bally Rd. and Prairie St., in McHenry, IL as presented by applicant Mike Lovergine, conditioned on the following: • Approximately 100 sq. ft. existing accessory structure immediately adjacent to principal building to the north must be removed, addition to the principal structure must be completed and all exterior items/materials located on the entire 4 acre subject property must be removed prior to commencement of the construction of the third building, (21’ X 18’), as depicted on site plan; • There shall be no business conducted on the subject property and the buildings on the subject property cannot be utilized for anything other than storage of items owned by the applicant; • Site plan shall be amended to include locations and dimensions of accessory building immediately to north of principal building/expansion and reflecting its required removal as stipulated above, as well as the existing accessory building to west of principal building; • Following amendment to the site plan as outlined above, a new site plan depicting existing principal building and expansion (42’ X 52’); existing accessory buildings to the north and west of principal building and proposed third accessory building (21’ X 18’) including approximate locations shall be incorporated into ordinance to be considered by City Council; • Proposed third structure (21’ X 18’) must be located a minimum of 10 feet from principal structure (42’ X 52’) as well as existing accessory structure to west of principal structure; • Proposed third structure must be located outside of the required front and corner side yards and in conformance with all other City ordinances, rules and regulations; • Third structure must be in substantial conformance with the appearance of principal structure including: siding color, roof line/pitch, height and mass; • A paved driveway must be installed to third structure concurrently with construction of third structure be granted, and that Tables 32 and 32(A) of the Zoning Ordinance has been met. Voting Aye: Bromley, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Vallez, Sobotta. Motion carried 4-0. Chairman Strach closed the Public Hearing regarding File No. Z-857 at 8:29 p.m. Staff Report The next meeting is April 15, 2015 at 7:30 p.m. There is nothing definite yet but we have a few cases in the process of applying. Planning and Zoning Commission March 18, 2015 Page 13 Adjournment Motion by Bromley, seconded by Thacker, to adjourn the meeting at 8:35 p.m. Voting Aye: Bromley, Nadeau, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Vallez, Sobotta. Motion carried 4-0. The meeting was adjourned at 8:35 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Assistant City of McHenry