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HomeMy WebLinkAboutMinutes - 01/17/2008 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting January 17, 2008 Chairman Howell called the January 17, 2008 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:32 p.m. In Attendance were the following: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Schepler. Also in attendance were: Attorney Cahill, Planner Kolner, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Cadotte, to approve the minutes of the Planning and Zoning Commission as presented: November 15, 2007 regularly scheduled meeting; December 20, 2007 regularly scheduled meeting; January 3, 2008 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Public Hearing: Cynthia Bladow File No. Z-719 2511 Bennington Lane Minor Variance Chairman Howell called the Public Hearing to order at 7:34 p.m. regarding File No. Z-719, an application for minor variance as submitted by Cynthia Bladow for the property located at 2511 Bennington Lane, which was called to order on December 20, 2007 and January 3, 2008, and, due to a lack of quorum, was recessed to today’s date. In attendance were Applicants Cynthia Bladow and Christopher Bell, residents of 2511 Bennington Lane, who were sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on December 27, 2007. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Ms. Bladow stated they intend to build a second story on the residence located at 2511 Bennington Lane. In order to obtain a building permit, a variance is required as the building is situated within the required front yard. Planner Kolner provided the commissioners with the Staff Report regarding the request. She noted an error had been made during the inspection of the house when it was built in the 1980’s. Planning and Zoning Commission January 17, 2008 Page 2 At that time spotted plats of survey were not required prior to the foundation pour. Such an error would be less likely to occur at this time as precautions are taken to ensure all setbacks are met prior to inspection approvals being granted. Insomuch as the infringement in the front yard is due to inspection error, Staff supports the applicants’ request. Commissioners expressed their concern that the resident is required to pay fees and prepare documentation for a public hearing when the initial mistake was caused by City error. Suggestion was made to waive the filing fee for the applicant. Chairman Howell noted there was no one in the audience wishing to express comments or questions regarding this matter. Motion by Cadotte, seconded by Burhman, to recommend to City Council that with regard to File No. Z-719, an application for minor variance to allow encroachment into the required front yard of the property located at 2511 Bennington Lane, be granted; and that Table 32, The Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:40 p.m. Public Hearing: Carl Pryzborowski File No. Z-720 Zoning, CUP and Variances 1615 Schroeder Lane Chairman Howell called the Public Hearing to order at 7:41 p.m. regarding File No. Z-720, an application for zoning map amendment, conditional use permit and variances as submitted by Carl Pryzborowski for the property located at 1615 Schroeder Lane, which was called to order on December 20, 2007 and January 3, 2008, and, due to a lack of quorum, was recessed to today’s date. In attendance representing the applicant was Attorney Steve Cuda who was sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on December 1, 2007. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Attorney Cuda explained the applicant could not be present this evening due to family illness. Mr. Cuda will provide testimony on behalf of the applicant. He noted the subject property is Planning and Zoning Commission January 17, 2008 Page 3 located in Hi Point Subdivision outside the McHenry corporate limits. The applicant is requesting annexation and intends to connect to municipal water and sewer services. Attorney Cuda noted as a part of the annexation process, the applicant is seeking the following zoning relief: 1. Zoning map amendment to I-Industrial Zoning District; 2. Conditional Use Permit to allow outside storage on the premises; 3. Variance as to the required front yard setback from 40 feet to 30 feet; 4. Variance to be exempt from the provisions of the landscape ordinance. Attorney Cuda stated Hi Point Subdivision is one of the earliest industrial parks located in McHenry County. The applicant is in the construction business which requires outside storage of building materials such as steel structure members on the site. Attorney Cuda stated the applicant, Mr. Pryzborowski, as reviewed the Staff Report regarding this request and concurs with Staff’s recommendation. Planner Kolner provided the commissioners with the Staff Report regarding this request, noting Attorney Cuda had provided a complete summary of the request. She noted, with regard to the landscape variance, large evergreens exist on the site as well as one large deciduous tree, which effectively screen the large building expanse from the street. Staff is recommending two additional deciduous trees be planted on the south side of the building upon abandonment of the septic field to break up the building mass as viewed from the south elevation. Planner Kolner stated it is Staff’s Recommendation to approve the zoning relief upon annexation to the City subject to the conditions outlined in the Staff Report. Chairman Howell opened the floor to questions and comments from the commissioners. Responding to an inquiry, Attorney Cuda stated the applicant stores steel studs outdoors on the premises. Following an inquiry regarding the fencing of the outdoor storage area, Attorney Cuda stated the area is fenced with a cyclone fence. Question was raised as to the possible outside storage of vehicles on the site. Attorney Cuda responded occasionally the applicant may have vehicles stored on the site. However, the building is used for warehousing building materials for the applicant’s business which has its office headquarters north of town on Route 31. Chairman Howell noted there was no one in the audience who wished to express comments or questions regarding this matter. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-720, an application for zoning map amendment to I-1 Industrial Zoning District upon annexation, as submitted by Carl Pryzborowski for his property located at 1615 Schroeder Lane, be granted; and that Table 33, the Approval Criteria for Zoning Map Amendment, page 401 of the Zoning Ordinance, has been met. Planning and Zoning Commission January 17, 2008 Page 4 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File No. Z-720, an application for Conditional Use Permit to allow outdoor storage of building materials, as submitted by Carl Pryzborowski for his property located at 1615 Schroeder Lane, be granted; and that Table 31 the Approval Criteria for Conditional Use Permits, pages 356-357 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File No. Z-720, an application for variance as to the minimum front yard setback of 40 feet, as submitted by Carl Pryzborowski for his property located at 1615 Schroeder Lane, be granted; and that Table 32, the Approval Criteria for Variances, page 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Chairman Howell noted he supports the granting of the variance as the property is being annexed to the City in an “as is” condition. However, he noted his concerns regarding building appearance and property aesthetics. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-720, an application for variances to the landscape ordinance requirements, as submitted by Carl Pryzborowski for his property located at 1615 Schroeder Lane, be granted, subject to the condition that two deciduous trees be planted on the south side of the building upon abandonment of the septic field; and that Table 32, the Approval Criteria for Variances, page 377-378 of the Zoning Ordinance, has been met. Planning and Zoning Commission January 17, 2008 Page 5 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:56 p.m. Public Hearing: Terraco/Gendell Realty Partners File No. Z-721 Zoning, CUP, Variances and Use Variance 3609-3611 and 3519 West Elm Street Chairman Howell called the Public Hearing to order at 7:57 p.m. regarding File No. Z-721, an application for zoning map amendment, conditional use permit, variances and a use variance as submitted by Terraco for the property located at 3609-3611 and 3519 West Elm Street. Chairman Howell noted the applicant is requesting the hearing be recessed until February 21, 2008 at 7:30 p.m. Motion by Ekstrom, seconded by Thacker, to recess the Public Hearing regarding File No. Z- 721, a request for Zoning Map Amendment, Conditional Use Permit, Variances, and Use Variances as submitted by Applicant Terraco/Gendell Realty Partners for the property located at 3609-3611 and 3519 West Elm Street, until Thursday, February 21, 2008 at 7:30 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Chairman Howell recessed the Public Hearing at 7:58 p.m. Other Business Clarification was requested as to the possibility of a financial institution in the C-5 Commercial Zoning District. Planner Kolner explained the City has issued a moratorium on banks and other financial institutions in the C-5 District. The only way such a use could be considered in that district is through the issuance of a use variance. Some discussion followed regarding procedure and policy of granting such a use variance. Question was raised as to the public improvements being installed on the Adams Property at the Camp Bow Wow location. Planner Kolner explained the McHenry County Health Department required the applicant to connect to municipal services prior to occupancy being granted to Camp Bow Wow. Public improvements are currently being installed to meet with this requirement. Planning and Zoning Commission January 17, 2008 Page 6 Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:10 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. The meeting was adjourned at 8:10 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry