HomeMy WebLinkAboutMinutes - 10/22/2014 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
October 22, 2014
Chairman Strach called the October 22, 2014 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:29 p.m. In attendance were the following: Vallez,
Bromley, Nadeau, Sobotta, Strach, and Thacker. Absent: Doherty. Also in attendance were: Deputy City
Administrator Martin and Planning and Zoning Secretary Wolf.
Approval of Minutes
Motion by Nadeau, seconded by Sobotta, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
September 17, 2014, regularly scheduled meeting.
Voting Aye: Bromley, Vallez, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty.
Motion carried 6-0.
Public Hearing: Jeffrey Scott Hunt
File No. Z-845
620 S. Illinois Route 31, Units 6B and 8
Use Variance to allow construction of a medical cannabis dispensary
under the Compassionate use of Medical Cannabis Pilot Program Act and
any other Variances required to effectuate the aforementioned request
Deputy City Administrator Martin stated the Public Hearing regarding File No Z-845, an application for a
Use Variance to allow construction of a medical cannabis dispensary under the Compassionate use of
Medical Cannabis Pilot Program Act and any other Variances required to effectuate the aforementioned
request on the subject property as submitted by Jeffrey Scott Hunt for the property located at 620 S.
Illinois Route 31, Units 6B and 8, in the City of McHenry, will not be considered at this time due to the
public notice requirements not being fully satisfied.
Public Hearing: Michael and Maureen O’Halleran
File No. Z-847
915 Center Street
Variance from Article IV. Residential Districts, Table 4: Residential District Requirements,
to allow a reduction in the building setback requirements to allow the expansion of an
existing attached garage
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-847 an application
for a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a
reduction in the building setback requirements to allow the expansion of an existing attached garage as
submitted by Michael and Maureen O’Halleran for the property located at 915 Center St.
Planning and Zoning Commission
October 22, 2014
Page 2
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on October
7, 2014. 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 Michael O’Halleran who was sworn in by Chairman Strach and provided a
summary of the request before the Commission at this Hearing stating he would like to get a variance to
build an addition on his garage. He needs to be able to put four vehicles in the garage and he believes
the addition will be aesthetically pleasing and will add to the character of the neighborhood.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating the applicant is requesting a five-foot corner side yard building setback variance from the zoning
ordinance to allow an approximately 660 square-foot addition to an existing attached garage. The
applicants live adjacent to an unimproved City right-of-way (James Street), therefore they must comply
with the required fifteen-foot corner side yard building setback requirement in the RS-4 zoning district.
The interior side yard building setback requirement in the RS-4 district is six feet. The existing corner
side yard setback on the subject property varies between 32’-36’ depending on where it’s measured
from. The applicants would like to construct 22’ by 30’ addition to their existing garage thereby
reducing the corner side yard setback to a minimum of 10’.
Staff believes the proposed garage will not detract or adversely impact neighboring properties. While
this situation does apply to other properties it is certainly fairly unique to the RS-4 zoning district.
Additionally, it does not result from any action taken by the applicant and would, as previously stated,
due to the minimum corner side yard setback requirement, result in an unnecessary hardship and
preserves a right conferred by the zoning district. Further, it will not alter the local character and is
consistent with the zoning ordinance and comprehensive plan.
Deputy City Administrator Martin stated Staff recommends approval of a Variance from Article IV.
Residential Districts, Table 4: Residential District Requirements, to allow a five-foot reduction in the
required corner side yard building setback requirement to allow the expansion of an existing attached
garage (22’ X 30’) in substantial conformance with the site plan submitted and that Staff finds all
requirements in Table 32 of the zoning ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Bromley asked if there are any plans to improve or widen James St. Deputy City
Administrator Doug Martin stated there are none known and if there were it would not change Staff’s
recommendation.
Commissioner Bromley asked what the plans were for street frontage and whether the driveway would
be expanded and redone as well. Mr. O’Halleran stated the driveway will be expanded and redone
following City code and requirements to widen it. Landscaping will be left as is.
Commissioner Nadeau asked if Mr. O’Halleran has spoken with his neighbors and if any objections to the
project were received. Mr. O’Halleran responded that he has spoken with all this neighbors and hasn’t
heard any objections or complaints. Deputy City Administrator Martin added that one neighbor, Mr.
Lofgren, did come in to view the plans submitted but made no objection.
Planning and Zoning Commission
October 22, 2014
Page 3
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 7:40 p.m.
Motion by Vallez, seconded by Thacker, to recommend to the City Council with regard to File No. Z-847,
approval of a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements,
to allow a five-foot reduction in the required corner side yard building setback requirement to allow the
expansion of an existing attached garage (22’ X 30’) in substantial conformance with the site plan
submitted on the property located at 915 Center St., as presented by applicant Michael and Maureen
O’Halleran be granted, and that Table 32, of the Zoning Ordinance, has been met.
Voting Aye: Bromley, Vallez, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty.
Motion carried 6-0.
Chairman Strach closed the Public Hearing regarding File No. Z-847 at 7:42 p.m.
Staff Report
There are three cases presently in the process of submittal for next month. Commissioner Strach has a
vested interest in one of the cases but he will excuse himself from the proceedings if that happens and
Commissioner Thacker will chair that portion of the meeting.
Adjournment
Motion by Nadeau, seconded by Sobotta, to adjourn the meeting at 7:43 p.m.
Voting Aye: Bromley, Vallez, Nadeau, Sobotta, Strach and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty.
Motion carried 6-0. The meeting was adjourned at 7:43 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry