HomeMy WebLinkAboutMinutes - 04/25/2013 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
April 25, 2013
Chairman Schepler called the April 25, 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,
Morck, Nadeau, Schepler, and Strach. Absent: Doherty and 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:
March 14, 2013 regularly scheduled meeting.
Voting Aye: Buhrman, Nadeau, Schepler, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: Morck.
Absent: Doherty and Thacker.
Motion carried 4-0.
Public Hearing: Competition Kustoms
File No. Z-811
1210 N. Green Street
Use Variance to Allow Tattooing
Chairman Schepler called the Public Hearing to order at 7:32 p.m. regarding File No Z-811 an application
for a use variance to allow tattooing as submitted by Competition Kustoms for the property located at
1210 N. Greet St.
Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on April 8,
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 Jean Pierre Fontaine and Michelle Grau, 1901 Eastern, McHenry, who were sworn in
by Chairman Schepler.
Mr. Fontaine provided a summary of the request before the Commission at this Hearing stating he is
asking for a use variance to allow tattooing in his customs shop which is centered on various mediums of
art, including a gallery, retail store, vinyl graphics and customizing furniture.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating the business was relocated to 1210 N. Green St. from Hi-Point Road in unincorporated McHenry
County. The applicant had a temporary use permit to allow tattooing that expired March 1, 2013 and is
now seeking a use variance to allow tattooing permanently at 1210 N. Green St. Although it would not
Planning and Zoning Commission
April 25, 2013
Page 2
be the primary function of the business, tattooing is not currently a permitted or conditional use in any
zoning district so a use variance is required for that aspect of Mr. Fontaine’s business. Tattooing is
regulated by the state through the McHenry County Department of Health and the applicant is waiting
for his license from the Illinois Department of Health and needs to have a reinspection done by the
county health department. Issuance of the license and an approved health department inspection will
be required before Mr. Fontaine can begin tattoo operations again. Staff does not believe a tattoo
parlor will have any adverse land use impacts on adjacent properties or require additional City services.
Staff supports approval of the use variance to allow tattooing on the subject property with the following
conditions:
Proof of state licensure and approval from the McHenry County Department of Health shall be
required prior to conducting tattooing on the subject property;
The use variance shall not be attached to the property and will expire when Competition
Kustoms is no longer operating from this location.
Chairman Schepler invited questions and/or comments from the Commission.
Commissioner Buhrman asked if there were any current updates on the status of licensing from the
State or inspections from the Health Department. He also asked if Mr. Fontaine had any problems at his
previous locations and if his business had been inspected regularly at that time. Mr. Fontaine
responded he is still waiting and he has had regular inspections at his previous location with no
problems. He stated he has applied for a building permit for the minor modifications that are required
by the health department and has taken care of all other issues in question. In response to a question
from Commissioner Buhrman as to when Mr. Fontaine ceased his tattooing operations in his present
location, Mr. Fontaine responded he stopped tattooing when the temporary use permit expired.
Commissioner Buhrman asked the age requirements for tattooing and what procedures he had in place
to show proof of age. Mr. Fontaine said state requirements require tattooing only be allowed on
persons age 18 or older and parental consent is no longer allowed for underage requests. A driver’s
license or state i.d. is required for proof of age.
Commissioner Strach inquired what other retail business is done outside of the tattooing. Mr. Fontaine
stated it is all art-based such as vinyl graphics, signs, pin striping on boats and cars, painting on canvas
and airbrushing and furniture.
Commissioner Nadeau asked what the hours of operation for the business will be. Mr. Fontaine replied
store hours will be 12:00 p.m. to 10:00 p.m. Commissioner Nadeau asked Mr. Fontaine to explain the
sterilization process required for tattooing and the location in the store where tattooing will be done.
Mr. Fontaine stated the sterilization requirements have increased greatly in the last few years. The
process starts in a sink, then proceeds to an ultrasonic cleaner and finally an autoclave machine that is
regulated by the state. Spore tests are performed weekly. Mr. Fontaine further stated tattooing will be
done behind a wall in the back of the store and not visible from the storefront when everything is
approved.
Chairman Schepler 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 Schepler closed the public comment portion of the hearing at 7:40 p.m.
Planning and Zoning Commission
April 25, 2013
Page 3
Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-
811, an application for a use variance to allow tattooing on the property located at 1210 N. Green St. as
presented by applicant Competition Kustoms, with the following conditions:
1. Proof of state licensure and approval from the McHenry County Department of Health shall be
required prior to conducting tattooing on the subject property;
2. The use variance shall not be attached to the property and will expire when Competition
Kustoms is no longer operating from this location,
be granted, and that Table 32(A), of the Zoning Ordinance, has been met.
Voting Aye: Buhrman, Morck, Nadeau, Schepler, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty and Thacker.
Motion carried 5-0.
Chairman Schepler closed the Public Hearing regarding File No. Z-811 at 7:40 p.m.
Staff Report
Deputy City Administrator Martin stated there are no cases scheduled yet for the May 16 meeting but
there is a possibility of one or two in the next few days.
Deputy City Administrator Martin thanked Commissioner Schepler for his years of service on the
Commission and as the Commissioner and wished him luck with the Township. Commissioner Schepler
responded it has been a great experience and he thanked everyone for their support and wishes
everyone well.
Adjournment
Motion by Strach, seconded by Morck, to adjourn the meeting at 7:45 p.m.
Voting Aye: Buhrman, Morck, Nadeau, Schepler, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty and Thacker.
Motion carried 5-0. The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry