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HomeMy WebLinkAboutMinutes - 12/08/2011 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes December 8, 2011 Chairman Schepler called the December 8, 2011 meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Absent: None. Also in attendance were: Deputy City Administrator Martin and Deputy City Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission Meeting as presented: November 10, 2011 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: Kevin and Carol Harrington File No. Z-777 505 Brookwood Trail Use Variance Chairman Schepler called the Public Hearing to order at 7:32 p.m. regarding File No Z-777 an application for use variance to allow the parking of an unapproved commercial vehicle in the residential zoning district as submitted by Kevin and Carol Harrington for the property located at 505 Brookwood Trail in McHenry. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on November 22, 2011. Notices were provided to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were Kevin and Carol Harrington who were sworn in by Chairman Schepler. Mr. Harrington provided a summary of the request before the Commission at this Hearing. He noted he is employed as a repairman for traffic signals and is required to be on-call 24/7. In order to meet the requirement that he respond to the location needing repairs within one hour, he parks his commercial vehicle at his residence. The vehicle is oversized and is prohibited from being parked in the residential district. He is seeking a use variance to allow him to park the vehicle at his residence. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted in 2010 the parking restrictions governing the parking of commercial vehicles in the residential district were amended. The new restrictions were to be implemented at the end of September, 2011, Planning and Zoning Commission December 8, 2011 Page 2 providing residents with a one-year amortization period to bring their property into compliance with the new regulations. Deputy Administrator Martin stated the commercial vehicle in question is a Ford F-550 bucket truck which exceeds the maximum 10,000 pound weight limit allowed by the ordinance. The truck actually weighs approximately 19,000 pounds. The truck design is that of a bucket truck. Staff believes there is substantial hardship to the applicant to allow parking of the vehicle at his residence. Mr. Harrington is required to respond to emergency callouts for traffic signal repairs and to be onsite within one hour of the call. In Staff’s opinion there is a distinction between this type of vehicle and a tow truck. Response time for traffic signal repairs is critical to the general safety of the public. Additionally, Mr. Harrington is cognizant of the possibility of noise and light pollution due to the start-up of his vehicle, particularly during the cold winter months. He makes every effort to reduce adverse impacts on his neighbors. Deputy Administrator Martin stated Staff recommends approval of the use variance subject to the following conditions being met: 1. One unapproved commercial vehicle, with dimensions, weight and characteristics generally consistent with those of a gross vehicle weight rating truck classification class five medium-duty truck and appearance in substantial conformance with the attached photograph, shall be permitted to be parked and/or stored at the subject property; 2. Commercial vehicle in question shall be permitted to be parked and/or stored at the subject property as long as the applicant’s employer requires applicant to be on-call 24 hours/day/7 days/week to repair traffic signals, power outages or the like; 3. Commercial vehicle in question shall be parked on an approved surface at all times while at the subject property; 4. Commercial vehicle in question shall not block sidewalk/right-of-way at any time; 5. Applicant shall observe all city on-street parking restrictions; 6. No other commercial vehicle, approved or unapproved, shall be parked and/or stored on the subject property concurrently; 7. Applicant shall minimize noise and light impact to neighboring properties, particularly during late hours; 8. Use variance shall expire if and when applicants no longer utilize the subject property as their primary residence or applicant is no longer required to be on-call 24 hours/day 7 days/week for primary employment purposes. Chairman Schepler invited questions and/or comments from the Commission. In response to an inquiry, Deputy Administrator Martin stated Staff responds to complaints as opposed to actively seeking violations regarding the parking of commercial vehicles in the residential district. Noting the many letters of support provided by the applicant, Commissioner Buhrman inquired if there were any letters received by the City which opposed the use variance. Deputy Administrator Martin responded in the negative. Planning and Zoning Commission December 8, 2011 Page 3 Commissioner Thacker inquired as to Mr. Harrington’s primary job function. Mr. Harrington responded he builds and maintains traffic signals. Commissioner Thacker inquired as to the number of trouble calls Mr. Harrington responded to within the last six months. Mr. Harrington answered he responded to at least twenty emergency calls. Commissioner Thacker then asked if Mr. Harrington had a radius area to which he generally responded to emergency call-out. Mr. Harrington answered the locations vary each time he receives a call to respond. Commissioner Thacker inquired how long the truck in question has been parked at this location. Mr. Harrington answered since 1991. In response to another inquiry, Mr. Harrington stated he takes the truck to his shop in Libertyville when he is on vacation. Chairman Schepler inquired if Mr. Harrington had a required response time. Mr. Harrington responded he is required to be onsite within one hour of the call. Commissioner Nadeau suggested Mr. Harrington could park his vehicle at a commercial site in town, such as Ace Hardware. Mr. Harrington responded he would need to find transportation to get to the remote site. He noted the family has only one vehicle and he would not be able to use it to drive to the site and leave his personal vehicle. They are a one car family. Some discussion followed regarding the weight of the vehicle and how it compares to a Commonwealth Edison bucket truck. Question was raised that allowing the use variance could be precedent-setting. Deputy Administrator Martin noted each request for a use variance would be considered independently. Substantiation for the need to park an unapproved commercial vehicle would be required in each case and be considered on its merit. Commissioner Thacker, noting the applicant has temporarily moved his truck to the former Haystack Manor property across the street from his home, stated Mr. Harrington should be commended for taking measures to remove the vehicle from his premises while the matter is being considered. Commissioner Thacker also noted it is a convenience for the applicant to be able to utilize a company vehicle. Chairman Schepler opened the floor to questions and comments from the audience. The following were sworn in by Chairman Schepler prior to their addressing the Commission. Anthony Lovorn, 1914 Oak Drive: Mr. Lovorn stated he drives a tow truck for Marathon Towing and would like to know if he could be accorded the privilege of parking his tow truck in his driveway. He noted he does work for the City and County and is required to respond quickly when called upon an accident or other scene where a tow is required. Deputy Administrator Martin responded Mr. Lovorn would have to apply for a use variance and state his hardship. The matter would be considered at a public hearing before the Planning and Zoning Commission. If Mr. Harrington is granted a use variance by the City, it does not automatically follow than other use variances would be automatically granted. Each case must be considered on its own merits. In the case of a tow truck, certainly the aesthetics of the vehicle must be taken into consideration when weighing the need for a use variance. Jeff McCaffrey, 306 Brookwood Trail: Mr. McCaffrey expressed his support of the requested use variance. Hr noted Mr. Harrington has been very respectful of his neighbors. Planning and Zoning Commission December 8, 2011 Page 4 Jim O’Shea, 4915 Glenbrook Trail: Mr. O’Shea noted Mr. Harrington’s oncall emergency status is beneficial to the entire community. It is important that he respond in a quick and efficient manner. He noted he supports the requested use variance. Gerald Cowen, 509 Brookwood Trail: Mr. Cowen noted he lives next door to the Harrington’s. The truck has never been a problem due to aesthetic or noise. He stated his support of the request. Ramon Gregorio, 402 Brookwood Trail: Mr. Gregorio expressed his support of the request. He has never hear any noise generated by the truck which would bother his neighbors. Chairman Schepler, noting there were no further questions or comments, closed the public comment portion of the public hearing at 8:12 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 777, an application for use variance to allowing the parking of an unapproved commercial vehicle on the property located at 505 Brookwood Trail as presented by applicants Kevin and Carol Harrington be approved, subject to the following conditions being met: 1. One unapproved commercial vehicle, with dimensions, weight and characteristics generally consistent with those of a gross vehicle weight rating truck classification class five medium-duty truck and appearance in substantial conformance with the attached photograph, shall be permitted to be parked and/or stored at the subject property; 2. Commercial vehicle in question shall be permitted to be parked and/or stored at the subject property as long as the applicant’s employer requires applicant to be on-call 24 hours/day/7 days/week to repair traffic signals, power outages or the like; 3. Commercial vehicle in question shall be parked on an approved surface at all times while at the subject property; 4. Commercial vehicle in question shall not block sidewalk/right-of-way at any time; 5. Applicant shall observe all city on-street parking restrictions; 6. No other commercial vehicle, approved or unapproved, shall be parked and/or stored on the subject property concurrently; 7. Applicant shall minimize noise and light impact to neighboring properties, particularly during late hours; 8. Use variance shall expire if and when applicants no longer utilize the subject property as their primary residence or applicant is no longer required to be on-call 24 hours/day 7 days/week for primary employment purposes. and that Table 32A, the Approval Criteria for Use Variances, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Planning and Zoning Commission December 8, 2011 Page 5 Chairman Schepler closed the Public Hearing regarding File No. Z-777 at 8:14 p.m. Public Hearing: Wm Tonyan and Sons File No. Z-778 3324 Golfview Avenue Minor Variance Chairman Schepler called the Public Hearing to order at 8:16 p.m. regarding File No Z-778 an application for minor variance to allow a garage addition for the property located at 3324 Golfview Avenue as submitted by Wm Tonyan and Sons for property owners David and Ruth Granger. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on November 18, 2011. Notices were provided to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were Contractors Chuck and Donald Tonyan, and home owner David Granger, who were sworn in by Chairman Schepler. Mr. Chuck Tonyan explained the Grangers would like to construct an addition to their existing attached garage. The expansion would encroach on the required 30’ front yard setback by 15 feet. Consequently, there is a request for a minor variance to allow a 15’ front yard setback. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the homeowner would like to expand the existing attached garage by 405 square feet. Noting the cost to expand to the side or rear due to the topography of the property, the applicants are seeking a minor variance to allow the expansion to occur in front of the existing garage on the east side of the building. Staff has reviewed the request and supports the minor variance as presented. Chairman Schepler invited questions and comments from the Commission. In response to an inquiry, Mr. Chuck Tonyan stated the existing garage is located on the north side of the residence immediately behind the proposed addition. Mr. Tonyan noted the residents and their guests would still be able to park in the remaining driveway. Question was raised regarding the neighbors’ approval of the proposed expansion. Mr. Chuck Tonyan responded all abutting neighbors had been advised of the minor variance request and there have been no objections voiced by them. Mr. Granger noted he expects to start construction in the spring of 2012. A question was raised as to the ability for guests to park along the roadway. Mr. Chuck Tonyan noted the street is wide enough to allow parking along one side of it. Chairman Schepler noted there was no one in the audience who wished to comment regarding the requested minor variance. Planning and Zoning Commission December 8, 2011 Page 6 Motion by Nadeau, seconded by Doherty, to recommend to city Council, with regard to File No. Z-778, a request for a minor variance to allow a 405’ expansion of the existing attached garage located at 3324 Golfview Avenue to encroach 15’ in the required front yard setback, be granted, and that Table 32, the Approval Criteria for Variances, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, 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-778 at 8:26 p.m. Other Business Deputy Administrator Martin reported on the following: • Former Wickes building occurring for JoAnn Fabrics and Ross Dress for Less; • Hobby Lobby build-out is occurring in the remainder of the former Dominick’s site; • Former WalMart site is being purchased and will likely have multiple inline tenants; • O’Reilly Automotive has demolished the building on their site; • McDonalds new facility on Park Place is under construction; • Chase Bank standalone facility in the Market Place is under construction; • Panda Express is securing signatures required to ensure recording of Final Plat of Re-Subdivision; • Sunrise Grocery facility will soon be demolished; it is in the midst of Administrative Adjudication process; • Some Other Nuts façade work will begin in the next two weeks; • Access easement discussions among Fast Eddie’s, Steak’n Shake; Burger King, and the shopping center to the south are at a stalemate due to the shopping center owners. Adjournment Motion by Thacker, seconded by Doherty, to adjourn the meeting at 8:38 p.m. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:38 p.m. Respectfully submitted, _____________________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry