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HomeMy WebLinkAboutMinutes - 10/02/2008 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting October 2, 2008 Vice Chairman Buhrman called the October 2, 2008 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:33 p.m. In Attendance were the following: Buhrman, Cadotte, Nadeau, Schepler, Thacker. Absent: Ekstrom, Howell. Also in attendance were: Attorney Cahill, Planner Kolner. Approval of Minutes Motion by Nadeau, seconded by Thacker, to approve the minutes of the Planning and Zoning Commission as presented: September 4, 2008 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Howell. Motion carried 5-0. Public Hearing: Demos Archos File No. Z-732 1213 North Riverside Drive Temporary Use Variance Vice Chairman Buhrman called the Public Hearing to order at 7:35 p.m. regarding File No. Z- 732, an application for a temporary use variance to allow first floor residential use in the C-4 Downtown Commercial Zoning District as submitted by Demos Archos, property owner. The applicant was not in attendance at the public hearing. Notice of the Public Hearing was published in the Northwest Herald on September 17, 2008. 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. Planner Kolner provided the commissioners with the Staff Report regarding the request. She stated the applicant is requesting a temporary use variance to allow residential use on the first floor of a C-4 Downtown Commercial building on Riverside Drive. The Zoning Ordinance provides for commercial use on the first floor of a C-4 building, with residential permitted on second floor or above. Planner Kolner stated the applicant purchased the property in 2007 and has encountered difficulty in securing a first floor business tenant. Consequently, Mr. Archos chose to rent the first floor unit as a residence. Planning and Zoning Commission October 2, 2008 Page 2 Planner Kolner noted previously there have been property maintenance issues with the subject property. To date, all fines have been paid and there are no outstanding maintenance problems with the premises. Planner Kolner stated that Staff would support a use variance to allow the residential use on the first floor provided it is temporary in nature with an explicit date of expiration. In light of the potential redevelopment of this area as the Riverwalk progresses, the temporary use variance would seem appropriate. It is Staff’s recommendation to approve the request subject to a two- year limitation. Vice Chairman Buhrman invited questions and comments from the Commission. Question was raised from the Commission as to why the applicant chose to convert the structure to residential use without benefit of appropriate zoning relief. Planner Kolner responded the applicant stated he was not aware that the property could not be converted back to first floor residential use. Planner Kolner noted there are other residential properties in the C-4 District which are legal non-conforming uses. The applicant assumed he could change the use of his property without requiring a zoning change. Commissioners inquired if the City had conducted any internal inspections of the property’s structure. Planner Kolner responded the building has been inspected to ascertain its suitability as a residence and to ensure its compliance with residential building code. Responding to a question, Planner Kolner noted different requirements are needed in order to issue a certificate of occupancy for a residential structure as opposed to business use in the commercial district. Vice Chairman Buhrman invited questions and/or comments from the audience. The following were sworn in prior to making their statements. Phil Schimke, 1211 North Riverside Drive: Mr. Schimke stated he resides adjacent to the subject property on the south side. He has resided at this location since 1975 and stated he is very familiar with the subject property. The upstairs has always been a residential apartment. The downstairs originally was a beauty parlor in the front with a residence in the rear of the building. The use then changed to a surveying office. The property has always had a commercial use on the first floor. Mr. Schimke stated he does not believe the lower portion of the building should be converted to a residence. There are no full bathroom facilities. There are no closets. Work has been done on the property without benefit of building permit. There are cars constantly parked in the backyard. There are typically seven or eight cars parked on the premises at one time. The inhabitants do not maintain the property. In fact, the owner has attempted to convert the lower portion of the building into two residential units: one in the front (former beauty parlor); one in the rear. There is no dining room or kitchen in the front unit; there are no closets in the bedrooms. There is also an accumulation of garbage and debris on the site. In conclusion, Mr. Schimke stated he is opposed to the use variance being granted. Planning and Zoning Commission October 2, 2008 Page 3 Dennis Conway, 3319 Elm Street: Mr. Conway stated he owns the property directly north of the subject property. He concurred there are at least four to six cars being parked on the grass on a daily basis. He noted there is a pile of trash in the backyard along the stockade fence. The pile of trash is at least 30’ long and 10’ wide along the fence. Mr. Conway noted the property resembles a body shop or a parking lot. David Miller, 1208-1210 North Riverside Drive: Mr. Miller stated he is a business owner on the street and belongs to the McHenry Downtown Business Association. The Association has issues with properties that are converted back into residential use, and business property that becomes vacant and is then utilized for non-retail type business. Mr. Miller cited the driving school in the old Kent Building. He stated service-oriented businesses do not belong in the retail district. They do not attract consumers to the area. Mr. Miller stated as a property owner across the street from the subject property, he has concerns regarding the property maintenance. He noted the backyard resembles a used car lot; however, none of the cars are usable. Phil Schimke, 1211 North Riverside Drive: Mr. Schimke requested permission to speak again and noted when the residents first moved into the site, they brought with them vehicles which have not moved since they were first parked on the premises. Requesting clarification from Mr. Schimke, question was raised as to when they appeared on the site. Mr. Schimke responded the cars relate to both the upstairs unit and the downstairs converted units. Responding to an inquiry, Mr. Schimke stated the downstairs has been occupied since approximately May. Commissioners expressed disappointment that building inspections have been made and the applicant was not advised to bring the property into compliance with regard to visible code compliance issues. If vehicles are inoperable, they should be removed from the site. Planner Kolner noted that property maintenance tickets were issued and paid. The inspection by the building department was pre-arranged and the cars were removed from the yard prior to it taking place. Commissioners stated that if the property owner did not wish to cooperate by bringing the property into compliance with regarding to parking, refuse accumulation, etc, the use variance should not be granted. Suggestion was made to table the issue until another meeting when Mr. Archos was in attendance. Some discussion followed regarding the possibility of the type of tenants is causing the problems for the area residents and businesses. It was suggested that the applicant is not being a responsible landlord. Planning and Zoning Commission October 2, 2008 Page 4 Responding to an inquiry regarding how the Commission could proceed with the case, Attorney Cahill noted the Commission could take action on the request. The Commission could recommend support or denial of the petition. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-732, a request for use variance to allow residential use on the first floor of the building located at 1213 North Riverside Drive, as requested by Demos Archos, be granted, subject to the following conditions: 1) A Certificate of Occupancy for residential use shall be required; 2) Property maintenance issues shall be brought into compliance; 3) All inoperable vehicles shall be removed from the premises; 4) The use variance shall be granted for no more than two years; and that Table 32(A) the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, has been met. Voting Aye: Nadeau. Voting Nay: Buhrman, Cadotte, Schepler, Thacker. Not Voting: None. Absent: Ekstrom, Howell. Abstaining: None. Motion failed 1-4. Comments by Commissioners: Nadeau: Suggested the petitioner find better tenants for the building. Buhrman: Questioned why the tenants continue to live in the building without benefit of a use variance. Attorney Cahill stated that as the motion failed, a motion of recommendation should be made to the City Council to clarify the Commission’s position with regard to the petition. Motion by Schepler, seconded by Cadotte, to recommend to City Council, with regard to File No. Z-732, a request for variance to allow residential use on the first floor of the building located at 1213 North Riverside Drive, as requested by Demos Archos, be denied. Voting Aye: Buhrman, Cadotte, Schepler, Thacker. Voting Nay: Nadeau. Not Voting: None. Abstaining: None. Absent: Ekstrom, Howell. Motion carried 4-1. Commissioners discussed the possibility of overcrowding on the subject property; as well as the illegal parking of vehicles, refuse accumulation, and how this negatively impacted the downtown area. Vice Chairman Buhrman closed the Public Hearing at 8:02 p.m. Planning and Zoning Commission October 2, 2008 Page 5 Other Business Planner Kolner noted the next meeting of the Commission will be in November. Matters yet to come forward include Cunat’s Historic McHenry project. Brief discussion occurred regarding various entities that might be considering opening a facility in the area. Adjournment Motion by Thacker, seconded by Nadeau, to adjourn the meeting at 8:10 p.m. Voting Aye: Buhrman, Cadotte, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Howell. Motion carried 5-0. The meeting was adjourned at 8:10 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry