HomeMy WebLinkAboutMinutes - 01/16/2014 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
January 16, 2014
Chairman Strach called the January 16, 2014 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman,
Doherty, Vallez, Nadeau, Sobotta, and Strach. Absent: Thacker. Also in attendance were: Deputy City
Administrator Martin and Planning and Zoning Secretary Wolf.
Approval of Minutes
Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
December 12, 2013 regularly scheduled meeting.
Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: Vallez.
Absent: Thacker.
Motion carried 5-0.
Public Hearing: Banner Acquisitions LLC
File No. Z-820
8.23 acres North of Bull Valley Rd. and East of Ridgeview Drive
Zoning Map Amendment, Conditional Use Permit, Preliminary Plat of Subdivision
Deputy City Administrator Martin requested the Banner Apartments Hearing be continued until the
February 27, 2014 Planning and Zoning Meeting.
Motion by Nadeau, seconded by Buhrman to continue File No. Z-820, to the February 27, 2014 regularly
scheduled Planning & Zoning meeting at 7:30 p.m. in the City Council Chambers.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0.
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January 16, 2014
Page 2
Daniel and Shirley Poierier
File No. Z-826
3802 Maple Avenue
Variance from Subdivision Control and Development Ordinance
In attendance were Daniel and Shirley Poierier, owners of the property at 3802 Maple Avenue,
regarding their request for variances from the subdivision control and development ordinance for the
property located at 3802 Maple Avenue. The Poieriers stated they want to construct a second driveway
to access the rear garage on the property that does not have a means of access presently without
driving over the grass. The garage on the east side of the property that has a driveway is not large
enough to fit a vehicle.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter.
He noted the applicant is proposing to construct a driveway and is seeking a second driveway cut onto
Maple Avenue. In order to do this three variances from the Subdivision Control and Development
Ordinance are required:
• variance from the 100’ total frontage requirement for two driveway cuts;
• variance from the 50’ separation requirement between two driveway cuts; and
• variance from the 5’ property line setback requirement for driveways.
The variances must be considered by the Planning and Zoning Commission at a public meeting and the
Planning and Zoning Commission recommendation is subsequently forwarded to the City Council.
Deputy City Administrator Martin further explained this is not a variance from the zoning ordinance but
from the subdivision control and development ordinance; therefore, there is no public hearing and no
letters of notification are required to be sent out.
There are two existing garages on the property, however there is only one driveway, approximately
10.5’ in width, which extends to the garage on the east side of the property. An additional garage was
constructed in the rear of the property, but there is no paved driveway or means of accessing the garage
with a vehicle, other than driving over the grass. The applicant would like to construct a second
driveway on the west side of the property to access the rear garage.
Deputy City Administrator Martin stated staff believes the applicant has a major hardship, and is
recommending the three variances from the Subdivision Control and Development Ordinance for the
following reasons:
• They will not be detrimental to the public health, safety, or general welfare;
• The granting of the variance will not negatively affect adjacent properties;
• Due to the proximity of the home and the existing garage on the east side of the property and
turning radii necessary for the safe maneuver of larger vehicles, such as a pickup truck, it is not
practical to expand the driveway on the east side of the property;
• The three variances all relate to space constraints on the property;
• Typically, when a garage is constructed, a driveway to access it is required. In this instance this
is not the case.
Chairman Strach invited questions and/or comments from the Commission.
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January 16, 2014
Page 3
Commissioner Vallez asked how wide the driveway will be and whether the driveway will encroach on
the neighboring property if it is right on the property line. Mrs. Poierier stated the driveway expansion
will not have to go right up to the neighboring property line. She added she believed there should be 2-
4 feet between the two property lines.
Commissioner Buhrman asked if there were any meters or wires on the side of the house that would
interfere with driving a vehicle to the rear garage. Mrs. Poierier responded there is nothing on that side
of the house that would interfere and they modified the mirrors on the truck to be smaller.
Commissioner Doherty asked if there will need to be retaining blocks used to keep the driveway flat due
to the large slope and so there isn’t excessive water runoff. Mrs. Poierier said they will work with the
driveway company to be sure the work is done so as not to bother the neighbors’ fence or yard in any
way. They will do whatever they can to get along with their neighbors.
Motion by Nadeau, seconded by Vallez, to recommend to City Council approval of the following
variances from the Subdivision Control and Development Ordinance:
Variance from the 100’ frontage requirement for two driveway cuts
Variance from the 50’ separation requirement between two driveways
Variance from the 5’ setback requirement for driveways
for the property located at 3802 Maple Avenue, as presented.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0.
Jamie and Jeff Grubich
File No. Z-827
3214 Golfview Terrace
Variance from Subdivision Control and Development Ordinance
In attendance was Jamie Grubich, owner of the property at 3214 Golfview Terrace, regarding the
request for variances from the subdivision control and development ordinance for the property located
at 3214 Golfview Terrace. Mrs. Grubich stated they are requesting the third driveway cut to
accommodate a curved driveway at the west end of the floor plan where the service door of the kitchen
will be located. The garage entrance is at the east end of the home and a driveway would also be
located there. She stated they will do whatever is needed to provide for proper water runoff.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter.
The applicant is requesting three driveway curb cuts onto Golfview Terrace. They have an existing home
at 3214 Golfview Terrace and are proposing an addition which would encompass the lot directly to the
east. He noted Mr. and Mrs. Grubich are proposing to construct a second curved driveway on the
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January 16, 2014
Page 4
property which would require a second driveway cut onto Golfview Terrace. Because the Subdivision
Control and Development Ordinance only permits two driveway curb cuts onto public roadways under
certain conditions, in order to complete the initial planning stages of the project, two variances from the
Subdivision Control and Development Ordinance are also required:
• variance to allow a third driveway curb cut onto Golfview Terrace; and
• variance from the 50’ separation requirement between the two proposed driveway curb cuts on
the west side of the property onto Golfview Terrace.
The variances must be considered by the Planning and Zoning Commission at a public meeting and the
Planning and Zoning Commission recommendation is subsequently forwarded to the City Council.
Following the proposed home addition to 3214 Golfview Terrace an attached garage will be constructed
on the east side of the property. The total property length is 250 feet, however the kitchen in the home
is located on the western side of the property approximately 125 feet from the proposed location of the
garage. The applicant is proposing to construct a half-moon-style driveway adjacent to the main home
where the kitchen will be located and more of a traditional driveway to the garage proposed on the east
side of the property.
With the addition of more impervious surface to the property, one of the major concerns associated
with this project which has been raised by staff, the public, teardown committee members and the City
Council, is storm water runoff. As part of the review of this project and in accordance with the
residential infill and teardown ordinance in the municipal code, along with the building review,
engineering is being considered separately by the City’s consulting civil engineer, H.R. Green.
Deputy City Administrator Martin stated staff believes the applicant has a major hardship, and is
recommending approval of the two requested variances from the Subdivision Control and Development
Ordinance for the following reasons:
• They will not be detrimental to the public health, safety, or general welfare and measures will
be taken to address/mitigate any potential adverse impacts, such as storm water runoff, which
is also required by ordinance;
• The property has a much greater lot width as compared to surrounding properties;
• The proposed home addition has been designed to take advantage of the natural topography of
the property thus necessitating additional curb cuts;
• The granting of the variance will not negatively affect adjacent properties;
• The proposed driveway design and locations work within the constraints of the varied on-site
topography, will allow additional storm water prevention measures to be incorporated into the
project and minimize the amount of mass grading required, which in turn, will assist in
maintaining the integrity of the existing contours of the property.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Buhrman inquired how closely the homeowners are working with City staff, especially in
regard to engineering. Mrs. Grubich stated they have already had a meeting between their engineers,
city engineers and the city building and public work departments and are very aware of the
requirements for the project. She further stated they are willing to do what has to be done to meet the
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January 16, 2014
Page 5
requirements. The City will be doing a ditching project in the spring in the same area and they will work
very closely together with the City when this is done.
Commissioner Doherty asked if the engineering will include putting in large pipes or a basin for a
perimeter drain to hold and direct the water. Mrs. Grubich stated it is her understanding that they are.
The engineers seemed happy with what has been discussed so far.
Commissioner Nadeau asked if the Grubich’s gave any consideration to inter-connecting the driveways
with one large curved driveway. Mrs. Grubich stated no, they only considered the drawing they
presented. She commented that could be a possibility, but it would be a very long driveway sloped on a
hill. Commissioner Strach stated it might also add more impervious surface causing more issues with
water runoff. Commissioner Buhrman opined a change of that type would require all new engineering
plans which would be costly and this process has taken a considerable amount of time already. Mrs.
Grubich stated she prefers the look of the present design of the driveway.
Motion by Nadeau, seconded by Buhrman, to recommend to City Council approval of the following
variances from the Subdivision Control and Development Ordinance:
Variance from the 50’ separation requirement between two driveways
Variance to allow a third driveway curb cut onto Golfview Terrace
for the property located at 3214 Golfview Terrace, as presented.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0.
In response to a question posed by Commissioner Nadeau as to the percentage of slope a driveway
could be if the Grubich’s went with a design change such as he suggested, Deputy City Administrator
Martin stated the slope could be 1 percent minimum and 8 percent maximum for a residential driveway.
Staff Report
Deputy City Administrator Martin requested that the date of the April 24, 2014 Planning and Zoning
meeting be changed to April 17, 2014 due to scheduling conflicts. All commissioners agreed to a change
in the schedule.
The next meeting of the Planning and Zoning Commission is February 27, 2014. Banner Apartments is
the only thing on the agenda so far. They are being held up by funding available from the state but are
hopeful their plans will continue to move forward.
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January 16, 2014
Page 6
Other Business
Commissioner Strach welcomed Joe Vallez to the Commission. Mr. Vallez thanked the commissioners for
a vote of confidence and is looking forward to working with everyone. Mr. Vallez has lived in Legend
Lakes since 2007. He served as the Association President for 4 years and is the Executive Director of
North Berwyn Park District. He has been involved in Parks and Recreation Management for about 28
years, has served in many municipal and governmental roles and has also served on the Attorney
Registration and Disciplinary Commission for the State of Illinois along with service on many community
commissions and other public boards. Mr. Vallez stated he has experience and would like to use his
experience to benefit the community he lives in.
Adjournment
Motion by Nadeau, seconded by Doherty, to adjourn the meeting at 8:30 p.m.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0. The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry