HomeMy WebLinkAboutMinutes - 12/12/2013 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
December 12, 2013
Chairman Strach called the December 12, 2013 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, 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:
October 17, 2013 regularly scheduled meeting.
Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 5-0.
Resolution Establishing 2014 Commission Meeting Dates
Motion by Nadeau, seconded by Buhrman, to pass a resolution establishing the 2014 Planning and
Zoning Commission meeting schedule as follows:
JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M.
16 Thursday 27 Thursday 20 Thursday
MARCH - 7:30 P.M.
APRIL - 7:30 P.M. MAY - 7:30 P.M.
24 Thursday 15 Thursday 19 Thursday
JUNE - 7:30 P.M.
JULY - 7:30 P.M. AUGUST - 7:30 P.M.
24 Thursday 21 Thursday 18 Thursday
SEPTEMBER - 7:30 P.M.
OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M.
16 Thursday 20 Thursday 11 Thursday
DECEMBER - 7:30 P.M.
Voting Aye: Buhrman, Doherty, Strach, Nadeau, and Sobotta.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 5-0.
Planning and Zoning Commission
December 12, 2013
Page 2
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 requested the Banner Apartments Hearing be continued until the January
2013 Planning and Zoning Meeting.
Motion by Nadeau, seconded by Doherty to continue File No. Z-820, to the January 2013 regularly
scheduled Planning & Zoning meeting at 7:30 p.m. in the City Council Chambers.
Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 5-0.
Public Hearing: John Bolger
File No. Z-824
3932 W. Main Street, McHenry
Use variance to allow a tattoo parlor and body piercing establishment
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-824, an
application for a use variance to allow a tattoo parlor and body piercing establishment at 3932
W. Main Street in McHenry.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
November 20, 2013. 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 John Bolger, 3419 W. John St., McHenry and Carol and Bill Bolger, 906 N.
Allen, McHenry who were sworn in by Chairman Strach.
John Bolger provided a summary of the request before the Commission at this Hearing stating
he would like to obtain a use variance for tattooing at 3932 W. Main Street.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this
matter stating the applicant was granted a temporary use permit by the City Council to conduct
tattooing and body piercing at the subject property until December 31, 2013, and he is seeking
a use variance to allow the use permanently.
Planning and Zoning Commission
December 12, 2013
Page 3
A copy of the applicant’s license from the Illinois Department of Public Health has been
provided and Staff does not believe a tattoo parlor will have any adverse land use impacts on
adjacent properties or require additional City services. Occupancy has been approved by the
City’s building department as well. Staff supports approval of a use variance to allow a tattoo
parlor and body piercing establishment on the subject property with the condition the use
variance shall expire and become null and void if the tattoo and body piercing establishment
use ceases for a period of six consecutive months. Staff finds all requirements in Table 32(A) of
the zoning ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Nadeau stated he was impressed with the looks of the establishment.
Commissioner Buhrman inquired if the establishment has a privacy room and whether it has a
door. Mr. Bolger stated there is a curtain for the room.
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 7:39 p.m.
Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File
No. Z-824, an application for a use variance to allow a tattoo parlor and body piercing
establishment at 3932 W. Main Street in McHenry as presented by applicant John Bolger, be
granted and that Table 32(A), of the Zoning Ordinance, has been met.
Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker
Motion carried 5-0.
Chairman Strach closed the Public Hearing regarding File No. Z-824 at 7:42 p.m.
Public Hearing: Richard K. Leisten
File No. Z-825
3408 W. Washington Street, McHenry
Minor variances for an accessory structure for rear yard building setback
and setback from a principal building
Chairman Strach called the Public Hearing to order at 7:44 p.m. regarding File No Z-825 an application
for minor variances for an accessory structure for rear yard building setback and setback from a principal
Planning and Zoning Commission
December 12, 2013
Page 4
building as submitted by Richard Leisten for the property located at 3408 W. Washington Street,
McHenry.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
November 15, 2013. Notices were delivered 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 Richard Leisten who was sworn in by Chairman Strach and provided a summary of the
request before the Commission at this Hearing stating he wants a minor variance to add 350 sq. ft to his
garage. He stated he has a narrow driveway and needs more protected parking for his vehicles.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating the applicants are seeking two minor variances including: a ten-foot rear yard building
setback variance and a variance to allow an accessory structure over 750 square-feet to be
located less than 20 feet, 12’6”, from the principal structure in order to construct a 352 square
foot addition to an existing 484 square foot detached garage.
In accordance with the City’s zoning ordinance, accessory structures 750 square feet or more
must be setback a minimum distance of 50% of the principal building rear yard setback
requirement for the zoning district which the property is located. Additionally, accessory
structures 750 square feet or more must be setback a minimum of 20 feet from the principal
building. The subject property is located in the RS-4 zoning district which requires a 25 foot
rear yard building setback, thus the proposed 836 square foot detached garage is required to
be setback a minimum of 12’6” from the rear property line. The proposed setback is 2’6”, and
the proposed setback from the principal building is 12’6”.
Staff believes the proposed garage if expanded will not detract or adversely impact neighboring
properties in terms of size. If the size of the detached garage is increased on the subject
property the home located to the north would still be located approximately 20 feet to the
north and east of the garage expansion. The proposed elevations are aesthetically pleasing and
complement the existing garages and homes throughout the subdivision. The building
materials utilized on the detached garage addition are high quality and would mirror those
currently existing on the existing structures.
Further it would be more difficult to add-on to the existing garage to the west due to the slight
grade drop-off, and maneuvering any large vehicle in this direction, given the proximity and
angle of the home would also not be desirable. If the proposed detached garage expansion is
approved it would allow the applicant to store larger vehicles and equipment inside. Currently,
the driveway is fairly narrow, approximately nine feet wide and expanding it to the east is not
the best option due to the proximity of the neighboring home and would only result in seven to
nine feet of additional width.
Planning and Zoning Commission
December 12, 2013
Page 5
Staff recommends approval of variances from the rear yard building setback requirement and
minimum distance required from a principal structure to allow the construction of a 352
square-foot addition to an existing 484 square foot detached garage, to be located
approximately 2’6” from the rear property line and 12’6” from the principal structure on the
subject property and finds all requirements in Table 32 of the zoning ordinance has been met.
Chairman Strach invited questions and/or comments from the Commission.
In response to an inquiry from Commissioner Strach, Mr. Leisten stated the shed to the north of
the garage would be removed.
Deputy City Administrator Martin asked if the existing fence will be removed. Mr. Leisten
stated he would probably remove the fence.
Commissioner Nadeau asked if there are any drainage issues on the property. Mr. Leisten
stated there are no drainage issues.
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 7:49 p.m
Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File
No. Z-825 an application for minor variances from the rear yard building setback requirement
and minimum distance required from a principal structure to allow the construction of a 352
square-foot addition to an existing 484 square foot detached garage, to be located
approximately 2’6” from the rear property line and 12’6” from the principal structure on the
property located at 3408 W. Washington Street, McHenry, as presented by applicant Richard
Leisten be granted, and that Table 32, of the Zoning Ordinance, has been met.
Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 5-0.
Chairman Strach closed the Public Hearing regarding File No. Z-825 at 7:52 p.m.
Planning and Zoning Commission
December 12, 2013
Page 6
Staff Report
The next meeting will be January 16, 2014. Currently we have 2 driveway variances and the
Banner apartment case, File Z-820. Deputy City Administrator Martin asked the commissioners
to keep the materials they received previously for File Z-820 in case the plans do not change for
the January meeting. If anything changes new copies of paperwork will be provided. Have a
happy holiday and happy new year.
Adjournment
Motion by Nadeau, seconded by Doherty, to adjourn the meeting at 7:55 p.m.
Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 5-0. The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry