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HomeMy WebLinkAboutMinutes - 04/07/2005 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION April 7, 2005 In the absence of the Chairman and Vice Chairman, the April 7, 2005 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission was called to order by Deputy Clerk Kunzer at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Ekstrom, Nadeau, Schepler, Thacker. Absent: Buhrman, Cadotte, Howell. Also in attendance: Director of Community Development Napolitano, Deputy Clerk Kunzer, Attorney Kelly Cahill. Deputy Clerk Kunzer requested a motion from the floor to nominate a Chairman Pro Tem to conduct this evening’s meeting. Motion by Thacker, seconded by Nadeau, to nominate Paula Ekstrom as Chairman Pro Tem. Voting Aye: Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte, Howell. Motion carried 4-0. Chairman Pro Tem Ekstrom took the Chair. Approval of Minutes Commissioner Schepler noted a correction should be made to the minutes of the March 17, 2005, and stated the motions indicated on pages 9 and 10 passed. Motion by Nadeau, seconded by Schepler, to approve the Planning and Zoning Commission minutes of the March 17, 2005 meeting as amended. Voting Aye: Ekstrom, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: Thacker. Absent: Buhrman, Cadotte, Howell. Motion carried 4-0. Public Hearing – Rita Adams File No. Z-639 Lot 7 Adams Commercial Centre Chairman Pro Tem Ekstrom at 7:32 p.m. convened a Public Hearing regarding File No. Z-639, an application filed by First Midwest Bank, Trust No 13226, Rita Adams beneficiary, for a map amendment from BP Business Park to C-5 Highway Commercial District for Lot 7 of Adams Commercial Centre. In attendance representing the applicant were: • Rich Adams, on behalf of his mother, Rita Adams; P&Z Commission April 7, 2005 Page 2 • Attorney Steven Cuda. All representatives were sworn in by Attorney Cahill. Chairman Pro Tem Ekstrom stated notice of the Public Hearing was published in the Northwest Herald on March 21, 2005. A Certificate of Publication is on file in the Office of the City Clerk. In response to inquiry, Attorney Cuda stated he would provide the City Clerk with the certified mailing receipts of notification to all abutting property owners of record as well as an affidavit of compliance with all notification requirements. Attorney Cuda stated the subject property is located within Adams Commercial Centre and is adjacent to property on the east and south which is already zoned commercial. He noted property to the north of the subject property is zoned business park. In order to market the subject property in conjunction with two smaller lots immediately to the south, the applicant is requesting the City consider reclassification to commercial district. Director of Community Development Napolitano provided the commissioners with the Staff Report regarding this project. He noted Staff supports the request as reclassification of this lot would make the property more marketable and provide an enhancement to the City. Chairman Pro Tem Ekstrom invited questions and/or comments from the commissioners. In response to an inquiry, Mr. Cuda stated there would be no drainage issues with the property, as it has a high elevation. Mr. Cuda noted there are no proposed users for the property. The applicant is proposing to package the two smaller lots to the south with Lot 7 to provide a larger area for development and to accommodate any parking required for the property. There were no further questions, comments or inquiries. There was no one in the audience wishing to be heard regarding this matter. Motion by Nadeau, seconded by Schepler, to recommend to Council with regard to File No. Z- 639, a request for zoning map amendment as filed by First Midwest Bank Trust 13226 and Rita Adams beneficiary, for Lot 7 of Adams Commercial Center, to grant the request to reclassify the subject property to C-5 Highway Commercial District, and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte, Howell. Motion carried 4-0. Chairman Pro Tem Ekstrom closed the Public Hearing at 7:45 p.m. P&Z Commission April 7, 2005 Page 3 Public Hearing: Frederick E. Hult File No Z-640 1602 North Riverside Drive Chairman Pro Tem Ekstrom at 7:46 p.m. opened the Public Hearing regarding File No. Z-640, an application for variance of south yard setback from 6’ to 5.52’ as submitted by applicant Frederick E. Hult for his property located at 1602 North Riverside Drive. Chairman Pro Tem Ekstrom stated notice of the Public Hearing was published in the Northwest Herald on March 18, 2005. A Certificate of Publication is on file in the Office of the City Clerk. Certified Notices were mailed to all abutting property owners of record. An affidavit of service is on file in the City Clerk’s Office. Director Napolitano provided the commissioners with an overview of the Staff Report regarding this project. Director Napolitano noted the property has previously been granted set back variances pursuant to ordinance no O-90-522 to permit the construction of a residential dwelling on the property. An error occurred during installation of the foundation which resulted in an encroachment in the 6’ south side yard setback. Director Napolitano stated the encroachment is minimal, .48’, and would not impact the property to the south, as it is vacant Washington Street right-of-way. Director Napolitano stated Staff has no concerns with the requested variance. It seems appropriate to grant the request as the applicant has made significant progress in framing the house. It would be a great burden to require him to move the building 6” to the north. Staff requires a spotted survey at foundation and prior to commencing framing. In this instance, the applicant was allowed to begin framing prior to the City’s receipt of the spotted survey. Director Napolitano stated no stop work order had been issued once the error was discovered. Chairman Pro Tem Ekstrom invited questions and/or comments from the commissioners. There were none. There was no one in the audience wishing to comment on the requested variance. Motion by Nadeau, seconded by Thacker, to recommend to Council with regard to File No. Z- 640, a request for side yard setback variance to allow a 5.52 setback from the south property line, be granted, and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte, Howell. Motion carried 4-0. P&Z Commission April 7, 2005 Page 4 Comments by Commission: Commissioner Ekstrom: Reluctantly voted in support of the request as she cannot see forcing the homeowner to move the building. She stated she dislikes seeing these types of cases come before the Commission as the error should have been caught by Staff. The Public Hearing was closed by Chairman Pro Tem Ekstrom at 7:55 p.m. Other Business Director Napolitano provided the commissioners with a summary of recent Council action. He noted the High School will be doing some restoration work at McCracken Field. He informed the commission there will be a conditional use permit for a restaurant serving alcoholic beverages in Northgate West on April, 21st as well as a conditional use permit for a supportive living facility on Crystal Lake Road the same date. In response to an inquiry, Director Napolitano stated China Light is expected to re-open on May 1st. Adjournment Motion by Nadeau, seconded by Schepler, to adjourn the meeting at 8:05 p.m. Voting Aye: Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Buhrman, Cadotte, Howell. Motion carried 4-0. 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.