HomeMy WebLinkAboutMinutes - 12/17/2009 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Meeting
December 17, 2009
Vice Chairman Buhrman called the December 17, 2009 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, Morck, Nadeau, Schepler, Thacker. Absent: Howell. Also in
attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, Deputy Clerk
Kunzer.
Approval of Minutes
Motion by Nadeau, seconded by Thacker, to approve minutes of the Planning and Zoning
Commission as presented:
September 3, 2009 regularly scheduled meeting.
Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell.
Motion carried 6-0.
Public Hearing: Mary Jo Lemke
File No. Z-749
3018 Mary Lane
Minor Variance
Vice Chairman Buhrman called the Public Hearing to order at 7:32 p.m. regarding File No. Z-
749, an application for minor variance to allow construction of a garage to extend 13’ past the
corner side yard building line as submitted by Mary Jo Lemke.
Vice Chairman Buhrman stated Notice of Public Hearing was published in the Northwest Herald
on December 2, 2009. Notices were mailed to all abutting property owners of record and the
property was posted in accordance with the Zoning Ordinance. Certificate of Publication and
Affidavit of posting and notification requirements is on file in the City Clerk’s Office.
Deputy City Administrator noted the applicant was unable to attend this evening’s meeting and
requested he present the matter to the Commission. He stated the property currently has a
residence, shed and recreational trailer on the premises. There was another shed which the
applicant has removed from the site. The applicant intends to construct a 24’ by 28’ garage, 672
square feet on the site. In order to place it in the desired location it would encroach in the
required corner side yard by 13feet. The request for a minor variance is to permit this
encroachment.
Deputy City Administrator Martin provided the Staff Report regarding this matter. He noted the
recently amended accessory structure code within the Zoning Ordinance requires that accessory
structures more than 500 square feet in area be constructed of the same building material and
Planning and Zoning Commission
December 17, 2009
Page 2
color as the residence on the premises. Additionally, the total area of all accessory structures
cannot exceed 1,000 square feet. The applicant would meet both of these criteria once the
recreational vehicle is removed from the site. Staff would recommend approval conditioned upon
the removal of the recreational vehicle from the premises and provided that the total area of all
accessory structures on the site does not exceed 1,000 square feet.
Vice Chairman Buhrman invited questions and comments from the Commission.
In response to an inquiry, Deputy City Administrator Martin stated the gravel drive which
accesses River Road would remain on the site. The drive providing entry to the garage would
access from Mary Lane and would be paved in accordance with the ordinance requirements. The
gravel drive would remain as pre-existing nonconforming.
Clarification as to the proposed size of the garage was requested. Deputy City Administrator
responded the garage would be 24’ by 28’ for a total of 672 square feet. He noted the location of
the garage on the site plan is correct, although the garage was not drawn to scale.
Responding to an inquiry regarding the use of the trailer on the premises, Deputy City
Administrator stated it is a recreational vehicle being stored on the site. He noted it is up on
blocks.
Vice Chairman Buhrman noted there was no one in the audience who wished to comment on the
request.
Motion by Nadeau, seconded by Ekstrom, to recommend to the McHenry City Council, that with
regard to File No. Z-749, a request from Mary Jo Lemke for a minor variance to allow the
construction of a garage 13’ west of the corner side yard building line at the property located at
3018 Mary Lane, McHenry Illinois be granted, subject to the following:
1. The recreational vehicle being stored on the premises be removed;
2. Total area of all accessory structures on the premises shall not exceed 1,000 square feet;
and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance,
has been met.
Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell.
Motion carried 6-0. Vice Chairman Buhrman closed the public hearing at 7:40 p.m.
Planning and Zoning Commission
December 17, 2009
Page 3
Public Hearing: City of McHenry
File No. Z-748
Text Amendment
Outdoor Lighting Regulations
Vice Chairman Buhrman called the Public Hearing to order at 7:40 p.m. regarding File No. Z-
748, an application for text amendment regarding the outdoor lighting regulations requested by
the City of McHenry.
Vice Chairman Buhrman stated Notice of Public Hearing was published in the Northwest Herald
on December 2, 2009. Certificate of Publication is on file in the City Clerk’s Office.
Deputy City Administrator Martin stated it was brought to Staff’s attention following the recent
renovation of Petersen Park Field #2 that the lighting standards installed did not meet the
requirements of the City outdoor lighting code. The standards are taller than the 30’ maximum
allowed by ordinance. They also illuminate areas beyond the field and are utilized on occasion
later than 11 p.m. as restricted by ordinance.
Deputy City Administrator Martin noted Staff conducted a survey of athletic fields and surfaces
in town and determined that lighting at fields and tennis courts at the following locations do not
conform to ordinance requirements: Knox Park; Petersen Park, VFW; McCracken Field;
McHenry High School West Campus. Staff evaluated the sites and determined the
nonconformance relates to:
• Maximum light level cannot exceed .5 foot candles at the closest residential property
line;
• Maximum permitted height for lighting fixtures cannot exceed 30 feet;
• Lighting is required to be turned off or reduced to minimum levels necessary for
security purposes by 11 p.m. each night.
Deputy City Administrator Martin stated Staff’s recommendation is to amend the outdoor
lighting ordinance stating that athletic field and tennis court lighting for not-for-profit
organizations are exempt from the provisions of the outdoor lighting ordinance.
Vice Chairman Buhrman invited questions and comments from the Commission.
In response to an inquiry, Deputy City Administrator Martin stated the ordinance requires
lighting to be reduced to that needed for security purposes at 11 p.m. to avoid disturbing adjacent
residents. Some discussion occurred regarding why this issue was not discovered when the
original lighting regulations were considered and adopted. Deputy City Administrator Martin
noted the matter came to light when Petersen Park Field #2 was enlarged to a 90’ field and
illuminated as part of a concerted effort by the City, High School District and McHenry Baseball
Association this past year.
Vice Chairman Buhrman stated there was no one in the audience who wished to comment on this
matter.
Planning and Zoning Commission
December 17, 2009
Page 4
Motion by Nadeau, seconded by Thacker, to recommend to City Council that the Outdoor
Lighting Regulations on the City’s Zoning Ordinance be modified to state “athletic field and
tennis court lighting for not-for-profit organizations are exempt from the provisions of the
outdoor lighting ordinance.”
Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell.
Motion carried 6-0. Vice Chairman Buhrman closed the public hearing at 7:50 p.m.
Resolution establishing 2010
Planning and Zoning Commission
Meeting Schedule
Brief discussion occurred regarding the possibility of modifying the meeting time of the
Commission. It was the consensus to maintain the current schedule.
Motion by Schepler, seconded by Nadeau, to pass a resolution establishing the 2010 meeting
schedule of the Planning and Zoning Commission as follows:
JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M.
7 Thursday 4 Thursday 4 Thursday
21 Thursday 18 Thursday 18 Thursday
APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M.
1 Thursday 6 Thursday 3 Thursday
15 Thursday 20 Thursday 17 Thursday
JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M.
1 Thursday 5 Thursday 2 Thursday
15 Thursday 19 Thursday 16 Thursday
OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M.
7 Thursday 4 Thursday 2 Thursday
21 Thursday 18 Thursday 16 Thursday
Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell.
Motion carried 6-0.
Planning and Zoning Commission
December 17, 2009
Page 5
Other Business
Brief discussion occurred regarding the following:
• Deputy City Administrator Martin announced the January 7, 2010 meeting will include a
parking variance request from Chipotle Grill;
• The status of the City’s Wal-Mart Store is unchanged.
Adjournment
Motion by Nadeau, seconded by Ekstrom, to adjourn the meeting at 7:59 p.m.
Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell.
Motion carried 6-0. The meeting was adjourned at 7:59 p.m.
Respectfully submitted,
_______________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry