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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