HomeMy WebLinkAboutMinutes - 07/08/2010 - Planning and Zoning Commission
City of McHenry
Planning and Zoning Commission
Special Meeting
July 8, 2010
Chairman Howell called the July 8, 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, Morck, Schepler, and Thacker. Absent: Nadeau. Also in attendance were: Attorney Kelly Cahill,
Deputy City Administrator Martin, and Deputy City Clerk Kunzer.
Approval of Minutes
Motion by Ekstrom, seconded by Thacker, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
June 17, 2010 regularly scheduled meeting.
Voting Aye: Buhrman, Ekstrom, Howell, Morck, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Nadeau.
Motion carried 6-0.
Public Hearing: City of McHenry
File No. Z-755
Text Amendment
Chairman Howell reconvened the Public Hearing to order at 7:31 p.m. regarding File No Z-755, an
application for Text Amendment relating to definitions and regulations pertaining to recreational vehicle
and commercial vehicle parking in the Zoning Ordinance as submitted by the City of McHenry.
Chairman Howell stated the Public Hearing was held on June 17, 2010 and continued to this date at the
request of the commission. Staff was directed to seek clarification regarding Freedom of Speech issues
relating to commercial vehicle signage.
Deputy City Administrator Martin noted the Attorney Cahill has provided a memo outlining the legal
opinion as it relates to enforcing parking of commercial vehicles in the residential district in light of
Freedom of Speech parameters. The memorandum was provided for commissioners’ edification. He
noted Staff has not changed its recommendation with regard to the proposed amendments relating to
the parking of recreational and commercial vehicles in the residential district.
Chairman Howell invited questions and/or comments from the Commission.
Buhrman inquired if Chairman Howell had any comments, inasmuch as he expressed many concerns at
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the Hearing on June 17.
Chairman Howell responded he would not favor easing restrictions regarding the parking of either
commercial or recreational vehicles in the residential districts. He noted he would like to see the
proposal submitted by the Planning and Zoning Aesthetics Committee be considered by the City. He also
Planning and Zoning Commission
July 8, 2010
Page 2
noted he concurs with the proposed definitions for both commercial vehicles and recreational vehicles.
But he does not concur with easing parking restrictions for these vehicles in the residential district.
Chairman Howell stated he would approve an amendment which would be more restrictive. However if
the motion includes the current proposal of refined definitions with less restrictions, he will vote against
the amendment.
Brief discussion occurred regarding whether a motion should be made to include both the proposed
amendments for commercial and recreational vehicles. Deputy City Administrator suggested two
motions, one for recreational vehicles and another for commercial vehicles, be made in order to provide
clarity to Council regarding the matter.
Thacker noted in the past the City has encountered difficulties regarding the enforcement of these types
of parking violations. He opined there is not enough Staff to properly enforce these regulations. He
inquired as to Staff’s posture on enforcement. He inquired if any/all city employees could possibly note
violators as they traveled throughout town. If a City employee of any department noted a vehicle being
parked on the grass, they should ensure that the violation is acted upon. He stressed this should happen
despite the department in which the employee worked.
Deputy City Administrator Martin noted violations are handled on a complaint-driven basis. When
complaints come into the Construction and Neighborhood Services Department they are logged in, a
complaint form generated, and followed up by department personnel. Additionally, if a complaint is
received in a particular neighborhood, the area is inspected for other similar violations to ensure
equality of enforcement. He noted all complaints are taken seriously. They are followed through and
pursued until remedied. Deputy City Administrator Martin noted it is impossible for the department
Staff to drive on all the City streets every day.
Chairman Howell noted he does not have a problem with Staff not driving over every street every day.
However, if a resident complains, the potential violation should be explored. Chairman Howell opined
the City should adopt a more restrictive commercial vehicle definition as proposed by Staff. However, he
reiterated is could not support easing the parking restrictions of vehicles in the residential district.
Chairman Howell noted there was no one in the audience wishing to offer comments or questions
regarding this matter.
Motion by Buhrman, seconded by Schepler, to recommend to the City Council with regard to File No. Z-
755, an application for text amendment relating to definition and regulations pertaining to recreational
vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed
amendments as presented.
Voting Aye: Buhrman, Morck, and Schepler.
Voting Nay: Ekstrom, Howell, and Thacker.
Not Voting: None.
Abstaining: None.
Absent: Nadeau.
Motion failed to carry 3-3.
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July 8, 2010
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Comments by Commissioners:
Ekstrom: stated she has a problem with allowing multiple recreational vehicles, trailers boats, etc to be
parked on a lot in the residential district and therefore opposes the proposed amendments.
Chairman Howell: stated he has previously made his position clear and voted against the proposed
amendments.
Motion by Buhrman, seconded by Morck, to recommend to the City Council with regard to File No. Z-
755, an application for text amendment relating to definition and regulations pertaining to commercial
vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed
amendments as presented.
Voting Aye: Morck
Voting Nay: Buhrman, Ekstrom, Howell, Schepler, and Thacker.
Not Voting: None.
Abstaining: None.
Absent: Nadeau.
Motion failed to carry 1-5.
Comments by Commissioners:
Ekstrom: stated she is opposed to allowing the parking of two commercial vehicles on a site overnight.
She stated it would be her recommendation that one commercial vehicle be allowed and if necessary
two could be allowed if granted by the City.
Schepler: concurred with Ekstrom and would prefer one commercial vehicle be permitted.
Thacker: also agreed with Ekstrom; there should be no more than one commercial vehicle on a premises
overnight. If special circumstances exist, the City could allow a second vehicle.
On the recommendation of Attorney Cahill, the Commission discussed proposing a recommendation to
allow a maximum of one commercial vehicle on a residential premises overnight.
Motion by Ekstrom, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-
755, an application for text amendment relating to definition and regulations pertaining to commercial
vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed
amendments subject to the recommendation that only one commercial vehicle be allowed on a
residential premises overnight.
Voting Aye: Buhrman, Ekstrom, Morck, Schepler, and Thacker.
Voting Nay: Howell.
Not Voting: None.
Abstaining: None.
Absent: Nadeau.
Motion carried 5-1.
Comments by Commissioners:
Chairman Howell: stated he still opposed the text amendments regulating commercial parking as they
were less restrictive than current regulations. He stated he is peeved that the detailed work the
commission had done as part of the Aesthetics Committee was never addressed or considered when
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July 8, 2010
Page 4
reviewing proposed text amendments relating to parking issues. He opined commercial vehicles should
include any vehicle which has writing, lettering, logos, or markings. He stressed no commercial vehicles
should be permitted in RS-3 District, RS-2 District, RS-1A District, RS-1 District or E District unless a
variance was sought and granted.
Chairman Howell closed the Public Hearing regarding File No. Z-755 at 7:50 p.m.
Adjournment
Motion by Schepler, seconded by Thacker, to adjourn the meeting at 7:50 p.m.
Voting Aye: Buhrman, Ekstrom, Howell, Morck, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Nadeau.
Motion carried 6-0. The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
_____________________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry