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HomeMy WebLinkAboutMinutes - 06/17/2010 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting June 17, 2010 Chairman Howell called the June 17, 2010 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, Ekstrom, Howell, Nadeau, Thacker. Absent: Morck, Schepler. Also in attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, Deputy Clerk Kunzer. Approval of Minutes Commissioner Ekstrom noted an error at the top of page 7 of the March 4, 2010 minutes and requested “August” be changed to “October”. Motion by Nadeau, seconded by Thacker, to approve minutes of the Planning and Zoning Commission as amended: March 4, 2010 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck, Schepler. Motion carried 5-0. Public Hearing: Jason and Amy Golnick File No. Z-754 3317 W Venice Avenue Minor Variance Chairman Howell called the Public Hearing to order at 7:33 p.m. regarding File No. Z-754, an application for minor variance to allow construction of a home addition with an interior side yard setback of 5’ instead of the required 6’ setback required by the Zoning Ordinance, as submitted by Jason and Amy Golnick for their property located at 3317 West Venice Avenue. Chairman Howell stated Notice of Public Hearing was published in the Northwest Herald on May 29, 2010. Notices were delivered to all abutting property owners of record. Certificate of Publication and Affidavit of completion of notification requirements is on file in the City Clerk’s Office. Chairman Howell swore in Jason Golnick, property owner of the subject premises. Mr. Golnick stated he would like to construct an addition on his existing residence to accommodate his growing family. He noted he has a son and twins are expected this fall. The Zoning Ordinance requires a 6’ interior side yard setback; however, his home is presently constructed 5’ from the side yard property line. He noted the request would allow him to keep his building addition in line with the existing structure line. Planning and Zoning Commission June 17, 2010 Page 2 Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the current residence is non-conforming and in order for the applicant to construct his desired addition, he would require a one-foot variance. Staff has reviewed the request and supports the minor variance as submitted. Chairman Howell invited questions and comments from the Commission. Responding to an inquiry, Mr. Golnick stated the size of the addition is approximately 19’8” by 40’. The addition would include two rooms and a hallway. He noted there would be a patio door out of the smaller room. Question was raised as to the possibility of hitting an abandoned well or septic during the construction of the addition. Deputy City Administrator Martin stated all construction issues would be addressed during the permit review and inspection processes. When asked about the status of the soil on the premises, Mr. Golnik stated he had soil tests completed, but he has not yet received the report. At this time he is unsure if the addition would be constructed on a slab, or if he would be required to use caissons or piers. He will know more when he has received the soils report. Mr. Golnik stated he would be the general contractor for the project. Chairman Howell noted there was no one in the audience wishing to comment on this matter. Motion by Nadeau, seconded by Buhrman, to recommend to City Council, with regard to File No. Z-755, an application for minor variance to approve a 5’ interior side yard setback to allow the construction of a building addition as requested by Jason and Amy Golnick for their property located at 3317 West Venice Avenue, as presented, and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, as been met. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck, Schepler. Motion carried 5-0. Chairman Howell closed the Public Hearing regarding File No. Z-754 at 7:44 p.m. Public Hearing: City of McHenry File No. Z-755 Text Amendment Chairman Howell called the Public Hearing to order at 7:45 p.m. regarding File No. Z-755, an application for a text amendment to amend the ordinance as it relates to the parking of recreational and commercial vehicles in the residential districts. Planning and Zoning Commission June 17, 2010 Page 3 Chairman Howell stated Notice of Public Hearing was published in the Northwest Herald on May 29, 2010. A Certificate of Publication is on file in the City Clerk’s Office. Deputy City Administrator Martin stated Staff has experienced great difficulty in attempting to enforce the City’s current regulations regarding the parking of recreational and commercial vehicles. To that end the matter was presented to the Community Development Committee for discussion and direction. The result is that the Committee has developed more concise definitions as they relate to these two categories of vehicles, and clearer regulations governing the parking of the vehicles in the residential districts. Recreational Vehicles Deputy City Administrator Martin stated the recommendation was to amend the definition to more accurately reflect what is meant by a recreational vehicle. Additionally, the definition of trailer is being amended to more clearly identify all of the potential uses for trailers. The definition also includes specific exclusions in order to avoid confusion. Deputy City Administrator Martin noted the following changes are also being proposed to the regulations governing recreational vehicles: 1. Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard as defined herein; 2. Trailers must be property licensed; 3. Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface: a. Which shall be no less than the minimum dimensions of the vehicle or trailer being parked thereon, but in no case shall the parking surface be less than 9’ by 18’; b. Which shall be designed and constructed so as not to allow grass or other vegetation to grow within, on or above the solid parking surface; c. Which may consist of brick, asphalt, concrete or paver brick. Deputy City Administrator Martin noted the new definitions and regulations should assist in determining how to enforce parking requirements and guidelines. These definitions and regulations would replace those currently existing in the Off-Street Parking chapter of the Zoning Ordinance. Commercial Vehicles Deputy City Administrator Martin stated the Committee also looked at the parking of commercial vehicles in the residential districts. The Committee recommended simplifying the definition for ease of enforcement. It was noted that many residents have jobs where they are permitted to bring their work vehicles home. Under the current regulations no commercial vehicles can be parked outside in a residential district overnight. Staff concurs with the revised definition and would change the “In Business Districts” regulations to “Non-Residential Districts” thereby creating regulations for in the residential districts and the non-residential districts. Planning and Zoning Commission June 17, 2010 Page 4 Deputy City Administrator Martin presented the following regulations for commercial vehicles in residential districts: 1. No commercial vehicle, as defined herein, exceeding 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district; a. Exterior ladders and any appurtenances on top of the vehicle shall be excluded from the height calculation; b. The following commercial vehicles are expressly prohibited from being parked and/or stored in a residential zoning district: stake bed trucks, box trucks, dump trucks, boom trucks, earth-moving equipment, tow trucks, step-vans, semi tractor trailers with or without a trailer, and any vehicle in excess of 10,000 pounds in weight; 2. Two commercial vehicles, as defined herein, that do not exceed 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district in accordance with the regulations for parking and/or storing of vehicles in a residential zoning district contained in the Zoning Ordinance. Deputy City Administrator Martin noted, currently, any vehicle which has a D or above registration with the state is prohibited from parking in the residential district. Staff believes making the proposed changes would provide a more practical approach to regulating parking of recreational and commercial vehicles in the residential districts as opposed to the current license/registration-driven requirements. Chairman Howell invited questions and comments from the commissioners. It was noted that there are many vans and trucks which exceed the 10,000 pound maximum requirement. Chairman Howell stated it appears the proposed changes make it easier to park a commercial vehicle in the residential neighborhoods. He opined that the residential neighborhoods which are zoned RS3 and greater in area (RS2, RS1, E) should not be allowed to have commercial vehicles parked on them. He stated he would not support making it easier to have commercial vehicles being parked in the residential neighborhoods. He noted a home in his neighborhood has a small commercial bus which they use for transporting their large family. He does not believe this is appropriate. He further stated a vehicle which is designed for commercial use should not be allowed to be parked or stored in the residential district. Ekstrom concurred with Howell. She stated her preference to limit the number of commercial vehicles to one on a site rather than two. She further stated she would prefer that the vehicles be smaller in size. The proposed large size of admissible commercial vehicles should be reduced. Chairman Howell also stated that passenger vehicles with commercial graphics should also be banned from the residential district. He stated he concurs with the proposed changes to the recreational vehicle definitions and regulations. Ekstrom inquired if formerly the recreational vehicles could be parked in front of the house. Deputy City Administrator explained there currently exists a hierarchy of permissible parking for recreational vehicles in the residential district (i.e. first it should be stored in the garage, if large Planning and Zoning Commission June 17, 2010 Page 5 enough; otherwise it shall be parking in the driveway to the rear of the building line; otherwise it shall be parked in the driveway ahead of the building line; otherwise in an open off-street parking space). Thacker stated recreational vehicles are not typically stored in a garage. He noted he has a panel work van in his neighborhood. He stated he would rather look at the panel van than a large camper or recreational vehicle. Chairman Howell stated he would not be in favor of liberalizing either the parking/storage of recreational vehicles or commercial vehicles. Thacker noted there are some commercial vehicles being parked in his neighborhood. The vehicles are regular vans with commercial decals. Deputy City Administrator Martin questioned whether the City has the right to regulate writing/graphics on vehicles. Chairman Howell requested City Attorney Cahill to research the issue of freedom of speech relative to commercial vehicles’ graphics/advertising and being prohibited from parking in a residential district. Chairman Howell opined passenger cars with graphics are actually billboards on wheels. Attorney Cahill stated commercial freedom of speech is not as protected as other freedoms of speech; however, she is not sure how protected they are. She agreed to research the issue. Buhrman noted he has a popup camper which is parked in his driveway during the summer months. He suggested recreational vehicles should only be stored in driveways or in the stst residential districts between May 1 and November 1. Otherwise, they should be stored off-site. Chairman Howell suggested having size limits for recreational vehicles as well as for commercial vehicles. Ekstrom stated the proposed new definitions are acceptable. The proposed regulations governing recreational vehicle storage are appropriate. However, she stated she is not in favor of being more lenient with regard to the storage of commercial vehicles in the residential districts. Chairman Howell invited questions/comments from the audience. Jason Golnick of 3317 West Venice Avenue addressed the Commission, stating he wished to comment on the proposed amendments. He noted he has a large pickup truck and will use it to transport his family as it would accommodate the needed three infant car seats. He noted there is advertising on the back of the truck. The vehicle is too large to be stored in his garage. He feared if stricter regulations, as suggested by the commissioners, were adopted he would be unable to store his vehicle on his premises. Mr. Golnik acknowledged there are plenty of old trucks, panel vans, etc. being stored around town that should be cleaned up or removed and he would concur that the City would be best served to be rid of them. He further stated he formerly had a job with Planning and Zoning Commission June 17, 2010 Page 6 a heating and air conditioning company. As a perk he was permitted to take the company vehicle home and use it as a second vehicle. He opined if more stringent regulations were adopted as proposed by the commissioners, he would be unable to take advantage of a similar situation today. Mr. Golnik went on to say that having more than one commercial vehicle on a site might be necessary but he concurred there should be no more than two commercial vehicles on a site. Chairman Howell suggested the City might have to allow variances to permit commercial vehicles to be parked or stored in the residential district rather than broadening the parking restrictions as proposed by the Community Development Committee. Chairman Howell noted he did not want to be too restrictive but when the Aesthetics Committee met several years ago the Committee drafted criteria for recreational and commercial vehicle storage and he opined those are the regulations which should be considered by the City at this time. Mr. Golnik stated he knows many people who have boats, recreational vehicles, etc. but he encourage the City to make it a requirement that these people prove they are actually using these vehicles and not just buying them and storing them on their premises. If unused, these vehicles become an eyesore to the neighborhood. Chairman Howell closed the Public Comment portion of the Public Hearing. Chairman Howell indicated the Commission must decide whether to make a recommendation regarding the proposed text amendments at this time. Motion by Thacker, seconded by Ekstrom, to send the proposed text amendments regarding the parking and storage of recreational and commercial vehicles in the residential district back to Staff for further study relative to the discussion which occurred at this meeting, specifically with regard to freedom of speech considerations relating to graphics and writing on commercial vehicles, and to bring the matter back to the Planning and Zoning Commission for consideration on July 8, 2010 at 7:30 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck, Schepler. Motion carried 5-0. Chairman Howell closed the public hearing at 8:23 p.m. Other Business Chairman Howell requested the Commission be provided with new laminated identification cards. Planning and Zoning Commission June 17, 2010 Page 7 Adjournment Motion by Ekstrom, seconded by Thacker, to adjourn the meeting at 8:25 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck, Schepler. Motion carried 5-0. The meeting was adjourned at 8:25 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry