HomeMy WebLinkAboutMinutes - 04/15/2004 - Planning and Zoning CommissionMinutes of the City of McHenry
PLANNING AND ZONING COMMISSION
April 15, 2004
The April 15, 2004 meeting of the City of McHenry Planning and Zoning Commission was
called to order by Chairman Howell at 7:31 p.m. in the McHenry Municipal Center Council
Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau,
Thacker. Absent: Franzen. Also in attendance: Planner Martin, Deputy Clerk Kunzer, Attorney
Rob Fetzner.
Approval of Minutes
Motion by Cadotte, seconded by Nadeau, to approve the Planning and Zoning Commission
minutes as follows:
• April 1, 2004 regularly scheduled meeting.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Franzen.
Public Hearing: John and Pauline Warner
File No. Z-611
5102 Malibu Ct
Chairman Howell at 7:33 p.m. convened the Public Hearing regarding a request for variance to
exceed the maximum allowable square footage for an accessory building as submitted by John
and Pauline Warner for their property located at 5102 Malibu Court.
In attendance representing the applicant were Attorney Steve Cuda and Petitioners John and
Pauline Warner. Chairman Howell swore in Mr. Warner.
Chairman Howell stated public notification requirements had been met. Notice was published in
the Northwest Herald on March 30, 2004. A Certificate of Publication is on file in the Office of
the City Clerk. Notification was made to all adjacent property owners. An Affidavit of Service is
on file in the Office of the City Clerk.
Attorney Cuda provided an opening statement in which he asserted the applicants are seeking a
variance to permit an oversized detached garage in the rear yard of their property located at 5102
Malibu Court. The proposed garage exceeds the maximum allowable size by 200 square feet.
The detached garage would be utilized to store two trucks and two boats as well as other
recreational equipment. Attorney Cuda noted, as the subject property is a corner lot, the view of
the garage from both Malibu Court and Crystal Lake Road would be shielded by existing fencing
and/or landscaping.
City Planner Martin provided an overview of the Staff Report regarding this petition. He noted
the subject property is a pie-shaped lot. The proposed garage would be screened from public
view. The applicants intend to meet all bulk area requirements. The requested variance as to the
size of the garage is reasonable. Staff supports the applicants’ request for variance.
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April 15, 2004
Page 2
Mr. Warner stated he hopes to construct a detached garage in his rear yard in which he would
store motor vehicles, recreational equipment and his two boats. He noted the pie-shaped
configuration of his lot prohibits the needed expansion of the existing attached garage to a size
which would accommodate the storage of his vehicles and recreational equipment. Should the
city permit a 1200 square foot detached garage, he would be able to store all of these items in it.
Attorney Cuda went over the Approval Criteria for Variances as stated in the Petition.
Chairman Howell invited questions and/or comments from the Commission.
In response to an inquiry, Mr. Warner stated the driveway to the detached garage would be
surfaced with 53 yards of concrete. Entrance to the rear drive would be from an extension of the
existing drive off Malibu Court. There would be no direct access to Crystal Lake Road.
Answering a question, Mr. Warner stated only routine maintenance on his trucks and boats
would be done in the garage.
The Commission expressed gratitude for the applicants’ effort to store his vehicles, boats and
recreational equipment indoors. It was noted the Commission is concentrating its efforts on
improving aesthetics in the community, particularly removing the outside storage of boats and
recreational vehicles.
Chairman Howell invited questions and/or comments from the audience.
Richard Simek, 5104 Malibu Court, was sworn in by Chairman Howell. Mr. Simek stated his
neighbors, the Warner’s, take great care of their property. The Warner’s have always been good
neighbors. Mr. Simek stated his support of the Warners’ request for a variance to permit the
oversized garage on their property.
Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File
No. Z-611, an application for Variance to permit a 1200 square foot garage on the property
located at 5102 Malibu Court, as filed by John and Pauline Warner, that the request be granted;
and that Table 32, the Approval Criteria for Variances, on pages 377-378 of the Zoning
Ordinance, have been met.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Franzen.
Motion carried 6-0.
Chairman Howell closed the Public Hearing at 7:45 p.m.
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April 15, 2004
Page 3
Public Hearing: Gizmo Properties LLC
File No. Z-612
3650 Charles Miller Rd
Chairman Howell at 7:46 p.m. convened the Public Hearing regarding a request for use variance
to allow additional uses for the property located at the northwest corner of Charles Miller Road
and Green Street, as submitted by Gizmo Properties.
In attendance representing the applicant were Attorney Sam Melei; Contract Purchaser Gizmo
Properties represented by Kimberly Hinkle Gibson; Architect Tim Woolever of Ruck Pate
Architecture. Chairman Howell swore in each of the applicant’s representatives.
Chairman Howell stated notification requirements had been met. Notice was published in the
Northwest Herald on March 31, 2004. A Certificate of Publication is on file in the Office of the
City Clerk. Notification was made to all adjacent property owners. An Affidavit of Service is on
file in the Office of the City Clerk.
Attorney Melei provided the Commission with an opening statement, noting the subject property
located immediate south of the municipal center is currently zoned O-1. The applicants are
seeking a use variance to expand the list of permitted uses on this site. Attorney Melei stated the
proposed building architecture would complement the municipal center building and its located
would honor the annexation’s line of visions set back requirements. Attorney Melei stated the
applicants are proposing a multi-tenant medical/professional office building on the subject
property.
Architect Woolever noted the single-story 20,000 square foot building would have the required
parking and meet all other bulk area requirements of the city ordinances and codes. The L-
shaped building would include modular units of 750 square foot – 1275 square foot size. Units
could be utilized individually or combined for larger tenant spaces. Architectural features of the
building would include outside covered entries for each of the units. There are no wetlands on
the subject property. The dumpster location would be appropriately screened from public view.
Canopy trees and prairie grass would be used to landscape the site. Architect Woolever stated the
low horizontal lines of the building would blend in with surrounding existing building lines. The
building exterior would be comprised of low-maintenance long-lasting building materials.
Regarding the signage, Architect Woolever noted small signs on the masonry over each private
entry would be utilized. Access to the site would be solely from Municipal Drive. There would
be no direct access to/from Green Street or Charles Miller Road.
Planner Martin provided an overview of the Staff Report. The subject property was annexed as a
part of the Busch-Knox Property and is subject to the terms of that annexation agreement. The
site is zoned O-1 local office district. The applicants are seeking additional uses not inherently
permitted in the agreement. Planner Martin noted the proposed use of the property is similar to
that granted to the Liberty Square Office Complex at the southwest corner of the intersection of
Shamrock Lane and Route 31. It was noted nine of the fifteen requested additional uses would
compliment the proposed medical/professional use of the building. Staff recommends those nine
uses be approved.
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April 15, 2004
Page 4
Planner Martin stated the detention area for the site would be located at the southeast corner of
the property. In conclusion, Planner Martin stated the applicant would seek a building permit and
begin construction of their medical/professional office building on the site. The request this
evening is simply for an expansion of allowable uses on the premises.
Chairman Howell invited questions and/or comments from the Commission.
Question was raised as to the surveyor’s license expiration date. In response the applicant stated
he would have another survey prepared by the surveyor if, in fact, the surveyor’s stamp has
expired.
In response to a query, Mr. Gibson stated that approximately 20% of the tenant space has been
filled. The commissioners commented on the vast amount of vacant office space in town and
expressed concern about additional office space being created. Ms. Gibson stated market
research had been done. There are specific characteristics of this project which are unique, such
as individual exterior canopied entries, personalized signs above each entryway, and modular
office units to facilitate the size of rental space required for each tenant. Ms. Gibson also noted a
medical use theme has been selected for the project, which translates to all uses being described
as ancillary to medical/professional offices.
In response to a question, Ms. Gibson stated the sale of the parcel is contingent upon the granting
of the use variance to allow additional uses on the property.
Questions were raised regarding monument signs along Charles Miller Road or Green Street.
Ms. Gibson responded the applicants would prefer no signs other than the individual tenant signs
on the entryways of the building. If a monument sign is ultimately sought, the applicant would
comply with the city’s sign ordinance.
Some discussion followed regarding the need for improvements to Municipal Drive, especially
as this project would dramatically increase traffic on this drive. Attorney Melei stated the
applicant would work with Staff as far as improvements to the drive. It was suggested by the
Commission the developers should pay their fair share of roadway improvements, including
possible donation of land to expand the right-of-way. It was the consensus of the Commission
that Municipal Drive needs widening, particularly in light of this proposed use, the possible
location of the City/YMCA Recreation Center off of this drive, and additional commercially-
zoned property immediately to the west of the subject property.
Chairman Howell invited questions and/or comments from the audience. Each person who spoke
was sworn in by Chairman Howell.
LeeAnn Depner, 3801 Bull Valley Road: Ms. Depner inquired what the traffic impact would be
on local residents at the completion of this project. Planner Martin stated the property is already
zoned O-1 Local Office. The use variance being requested would simply allow other ancillary
uses on the site. Ms. Depner expressed her frustration at current traffic issues, including the fact
that during morning and evening high peak times, she is unable to get out of her driveway, the
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April 15, 2004
Page 5
Old Bull Valley frontage road and proceed east or west on Charles Miller Road. Chairman
Howell reiterated the applicants are merely seeking additional permitted uses as the property is
already zoned office pursuant to the terms of the annexation agreement.
Planner Martin mentioned the city is in the process of undergoing a comprehensive
transportation study. When the study is completed, it is anticipated a transportation plan which
would specifically address certain problem areas would be created.
Joe Knaack, 3609 Bull Valley Road: Mr. Knaack inquired as to the probable cost/square foot of
lease space for this building. Ms. Gibson responded the rental fees have not been established.
Mr. Knaack further inquired as to the type of signage proposed on the building and the type of
parking lot lighting to be utilized. Ms. Gibson stated there would be no bright colored
illuminated signs on the building. The parking lot lighting would be of a type which would not
overflow beyond the subject property lines. Mr. Knaack expressed concerns regarding light
pollution and potential impact on surrounding residential property values as a result of the
construction of this building. Attorney Melei stated the proposed building would blend in with
surrounding residences as it would be a low-lying single story structure.
Responding to further inquiry, Attorney Melei stated the applicants concur with Staff’s
recommendation of the following nine uses to be included in the use variance request:
1. Coffee and donut shop with hours restricted to 6:00 a.m. until 10:00 p.m.;
2. Beauty and barber shops, hair salons, day spas;
3. Physical and massage therapy offices;
4. Florist and gift shops;
5. Eye glass sales and repair;
6. Postal packaging;
7. Laboratories, medical, dental, research and testing, research and development
facilities;
8. Health clubs;
9. Veterinarian offices (domestic only).
Mr. Knaack expressed concern regarding a possibly vacant building on the site, in light of so
many vacant office rental spaces in town. Attorney Melei noted the use variance request would
permit more marketability of the project and reduce the chance for vacant space. In response to
an inquiry, Ms. Gibson stated the modules could be leased or sold.
Michelle Knaack, 3609 Bull Valley Road: Ms. Knaack stated she enjoys the current openness of
this property. The proposed building appears to be a nice project, but not for this location. She
expressed concerns regarding her children’s safety following the buildout of this project, light
pollution, and making existing unacceptable traffic conditions even worse.
There was no closing statement by the applicant.
Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, that with regard to
File No. Z-612, a request for use variance to permit the following uses:
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April 15, 2004
Page 6
1. Coffee and donut shop with hours restricted to 6:00 a.m. until 10:00 p.m.;
2. Beauty and barber shops, hair salons, day spas;
3. Physical and massage therapy offices;
4. Florist and gift shops;
5. Eye glass sales and repair;
6. Postal packaging;
7. Laboratories, medical, dental, research and testing, research and development
facilities;
8. Health clubs;
9. Veterinarian offices (domestic only).
on the property located at 3630 Charles Miller Road as requested by Gizmo Properties Inc., be
granted subject to the following conditions:
1. a contribution for the improvement of Municipal Center Drive be made to the City
(amount to be determined by the City Council);
2. any additional right-of-way for Charles Miller Road (to be determined by McHenry
County Highway Department) be dedicated for future road improvements;
3. and additional right-of-way for Green Street (to be determined by City of McHenry)
be dedicated for future road improvements;
and that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance,
has been met
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Franzen.
Motion carried 6-0.
Chairman Howell closed the Public Hearing at 8:33 p.m.
Other Business
Planner Martin provided a brief report on recent Council activity. He reminded the
commissioners there is a special meeting on April 22, 2004 at which time a Public Hearing will
be held to review the newest Adams Farm proposal as submitted by developer Roger Gerstad.
In response to an inquiry, Planner Martin noted Shamrock Farms Development has been
renamed Legend Lakes by Kimball Hill Homes.
Several nuisance complaints were brought to the attention of the City Planner who will inform
the Code Compliance Inspectors of same.
The commissioners acknowledged the nice letter sent to them from Mayor Low expressing her
gratitude for their commitment to this commission and the amount of “homework” involved in
preparing for the meetings and public hearings.
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April 15, 2004
Page 7
Adjournment
Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:58 p.m.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Franzen.
Motion carried 6-0.
Respectfully submitted,
_________________________________
Kathleen M. Kunzer, Deputy Clerk
Planning and Zoning Commission
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman,
Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.