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HomeMy WebLinkAboutMinutes - 02/21/2013 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes February 21, 2013 Chairman Schepler called the February 21, 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, Morck, Nadeau, Schepler, Strach, and Thacker. Absent: None. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Public Hearing: The Home Depot File No. Z-807 2461 N. Richmond Road Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No. Z-807 an application for a conditional use permit for outdoor storage and display as submitted by the Home Depot for the property located at 2461 N. Richmond Rd. Deputy City Administrator requested the Home Depot Hearing be continued until the March 14, 2013 Meeting. Motion by Nadeau, seconded by Thacker, to continue the Public Hearing for File Z-807 an application for a conditional use permit for outdoor storage and display as submitted by the Home Depot for the property located at 2461 N. Richmond Rd. until the March 14, 2013 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Schepler continued the Public Hearing regarding File No. Z-807 at 7:32 p.m. Public Hearing: S.H. Freund & Son File No. Z-808 3409 Pearl Street Use Variance Chairman Schepler called the Public Hearing to order at 7:32 p.m. regarding File No. Z-808 an application for a use variance to allow two principal land uses, a storage garage and single-family residence, and two principal buildings on one lot as submitted by S.H. Freund & Son for the property located at 3409 Pearl Street. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on February 4, 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. Planning and Zoning Commission January 17, 2013 Page 2 In attendance was Steve Freund, who was sworn in by Chairman Schepler. Mr. Freund provided a summary of the request before the Commission at this Hearing stating he would like a variance for his property on Pearl Street where his family shop has been since about 1930. The detached garage has been used for shop storage, it has fallen in major disrepair and they need to rebuild it. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant, Steve Freund of S.H. Freund & Son, is requesting a use variance in order to reconstruct an existing storage garage that is in major disrepair. The subject address is a residence that is currently rented to a tenant and the separate detached garage is used primarily for storage for the applicant’s business. The applicant would like to tear down the garage which is falling apart and construct a larger garage in the same general area as the existing garage. Mr. Freund would like the residence to remain until such time as it becomes vacated, at which time the use of the building will be brought into compliance with a use permissible in the C-4 district. The zoning ordinance permits one principal use and building per lot, thus the applicant is required to obtain a use variance to allow the residential use and storage garage on the same property, as well as the two buildings. Staff believes it would be a hardship if the applicant could not reconstruct an existing dilapidated building and believes the rebuilt structure would be a significant improvement to the property. Staff recommends approval of a use variance to allow a single-family residential land use/residence and storage garage on the subject property with the condition the residential use is terminated at such time the home becomes vacant and at this time the applicant must conform to the C-4 zoning regulations. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Thacker asked how long the current tenant is anticipated to continue to rent the main residence. Mr. Freund stated there is a month to month lease with an excellent tenant and there is no set rental time period in mind. Commissioner Buhrman asked if it is Mr. Freund’s intent to return the property to commercial status when the current tenant leaves. Mr. Freund stated he will return the property to office space when the current tenant moves out and the property will then be converted back to C-4 zoning. Commissioner Doherty inquired if the neighbors are okay with the new garage being built. Mr. Freund stated the abutting neighbors were notified and he did not get any negative comments from any of them. Chairman Schepler opened the floor to questions and comments from the audience. There was no one in attendance who wished to address the Commission regarding this matter. Chairman Schepler closed the public comment portion of the hearing at 7:40 p.m. Motion by Nadeau, seconded by Morck, to recommend to the City Council in regard to File No. Z-808, approval of a use variance to allow two principal land uses, a storage garage and single-family residence, and two principal buildings on one lot as submitted by S.H. Freund & Son for the property located at 3409 Pearl Street with the condition the residential use is terminated at such time the home becomes vacant and at this time the applicant must conform to the C-4 zoning regulations, and that the requirements in Table 32(A) of the City of McHenry Zoning Ordinance have been met. Planning and Zoning Commission January 17, 2013 Page 3 Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Schepler closed the Public Hearing regarding File No. Z-808 at 7:42 p.m. Public Hearing: Colonial Funeral Home File No. Z-809 591 Ridgeview Drive Use Variance Chairman Schepler called the Public Hearing to order at 7:42 p.m. regarding File No. Z-809 an application for a use variance to allow a crematorium as submitted by Robert Mrachek of Colonial Funeral Home for the property located at 591 Ridgeview Drive. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on February 1, 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 Mike Mrachek of Crystal Lake and Robert Mrachek of McHenry, who were sworn in by Chairman Schepler. Mr. Mike Mrachek provided a summary of the request before the Commission at this Hearing stating they are requesting to build a crematorium to current zoning standards because crematory services are in high demand in today’s economy. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant, Colonial Funeral Home, is requesting a use variance to allow a crematorium to be constructed on the north side of the building. He stated the property is currently zoned O-1 Local Office District and crematories are not permitted in that zoning district so the applicant is required to obtain a use variance. Staff does not believe there will be any adverse impacts to surrounding properties associated with it if a use variance is granted at 591 Ridgeview. If a crematorium was not allowed on the subject property it would result in lost revenue for the property owner and City if patrons choose to go outside of the city limits for this service. The applicant has provided documentation that the proposed crematorium will be in compliance with Illinois environmental requirements. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Nadeau asked what happens to the liquids in cremation in regard to environmental concerns and whether or not scrubbers are required so there is no offensive odor. Mr. Mike Mrachek replied the liquids dissolve due to the high heat and they will be following the Florida and California requirements which exceed the requirements in Illinois; therefore scrubbers are not needed. Commissioner Nadeau inquired if there is only one cremation done at a time. Mr. Robert Mrachek responded co-mingling of remains is illegal. Planning and Zoning Commission January 17, 2013 Page 4 Commissioner Doherty asked if a casket is cremated with a body and if the smoke should be clear or black. Mr. Mike Mrachek stated the state requires some sort of container be used and the unit being used is designed to handle caskets as well as any other type of container. There is a cremation unit of similar type in Crystal Lake. Mr. Robert Mrachek stated if the unit is monitored and set properly the smoke should be clear. Mr. Mike Mrachek also stated that due diligence is done to make sure the unit works efficiently and it is computer monitored. Commissioner Buhrman inquired if the time needed to cremate remains will vary. Mr. Mike Mrachek responded affirmatively that the time needed to cremate remains will depend upon the size of the body. Commissioner Thacker asked if a permit is required by the State of Illinois and whether or not the gas meter will be relocated. Mr. Mike Mrachek responded a permit was just submitted this week to the state and a new gas meter is required with a larger supply but the location of the meter will not be changed. Commissioner Morck asked if the unit will be monitored the entire time it is in use. Mr. Mike Mrachek responded affirmatively that the unit temperature is monitored while it is running because the temperatures get extremely high. Commissioner Nadeau asked if a sprinkler system was required in the building. Mr. Mike Mrachek responded he had a preliminary inspection with the City’s building department and they indicated a sprinkler system is not necessary due to the firewall. Commissioner Buhrman asked Deputy City Administrator Doug Martin what zoning districts allow crematoriums. Deputy City Administrator Martin responded they are allowed as a conditional use in C-5 highway commercial zoning districts. Chairman Schepler opened the floor to questions and comments from the audience. There was no one in attendance who wished to address the Commission regarding this matter. Chairman Schepler closed the public comment portion of the hearing at 7:55 p.m. Motion by Nadeau, seconded by Strach, to recommend to the City Council in regard to File No. Z-809, approval of an application for a use variance to allow a crematorium at the property located at 591 Ridgeview Drive, as presented by Colonial Funeral Home, be granted and that the requirements in Table 32(A) of the City of McHenry Zoning Ordinance have been met. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Schepler closed the Public Hearing regarding File No. Z-809 at 7:57 p.m. Planning and Zoning Commission January 17, 2013 Page 5 Approval of Minutes Motion by Buhrman, seconded by Strach, to approve the minutes of the Planning and Zoning Commission Meeting as presented: January 17, 2013 regularly scheduled meeting. and to include letters with statements from Father Paul at Holy Apostles and Father Godwin at St. Patrick’s rebutting the statement made by Dan Curran indicating he represented the churches and their parishioners. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Other Business Discussion was held regarding the traffic at Green St. and Route 120 and whether a traffic study could be done on it due to the no left turn status at the intersection and the belief that it will help alleviate traffic going through the residential neighborhood near Green St. and Pearl. Inquiries were also made into the safety factor of the construction/demolition of the building at the corner of Green St. and Route 120 and the adjoining retail business since the fire. A question was raised as to the status of the City’s purchase of the water company in McHenry Shores. Staff Report Deputy City Administrator Martin stated the next meeting will be Thursday, March 14, 2013. There are three official hearings scheduled; Home Depot for outdoor storage, a car lot zoning map amendment and conditional use permit at 3003 W Illinois Route 120, and a conditional use permit for a tavern and tasting room with onsite processing at 3425 Pearl. Adjournment Motion by Strach , seconded by Thacker, to adjourn the meeting at 8:20 p.m. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:20 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry