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HomeMy WebLinkAboutMinutes - 06/01/2006 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting June 1, 2006 In the absence of Chairman Howell, Deputy Clerk Kunzer called the June 1, 2006 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the McHenry Municipal Center Council Chambers. In attendance were commissioners Cadotte, Ekstrom, Nadeau, Thacker. Absent: Buhrman, Howell, Schepler. Also in attendance were Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer. Deputy Clerk Kunzer asked for a motion from the floor to nominate a Chairman Pro Tem to conduct this evening's meeting. Motion by Cadotte, seconded by Nadeau, to nominate Paula Ekstrom as Chairman Pro Temp to conduct this evening's meeting. Voting Aye: Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Howell, Schepler. Motion carried 4-0. Chairman Pro Tem Ekstrom took the Chair. Approval of Minutes Motion by Nadeau, seconded by Cadotte, to approve the April 20, 2006 regularly scheduled meeting of the Planning and Zoning Commission as presented. Voting Aye: Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Howell, Schepler. Motion carried 4-0. Motion by Nadeau, seconded by Cadotte, to approve the May 18, 2006 regularly scheduled meeting of the Planning and Zoning Commission as presented. Voting Aye: Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Howell, Schepler. Motion carried 4-0. Public Hearing – Ruth Goy File No. Z-675 3014 West Lincoln Road Chairman Pro Tem Ekstrom at 7:32 p.m. called to order the Public Hearing for File No. Z-675, a request for zoning map amendment from R-1 in McHenry County to RS-4 High Density Single- Family Residential Zoning District upon annexation to the City of McHenry. Planning and Zoning Commission June 1, 2006 Page 2 In attendance was Ruth Goy, property owner and resident of 3014 West Lincoln Road, McHenry, who was sworn in by Attorney Cahill. Also in attendance were observers: 1. Arnold Garcia, 3014 West Lincoln Road, McHenry Illinois 2. Edna Paddock, 3012 West Lincoln Road, McHenry Illinois. Chairman Pro Tem Ekstrom stated notice of the Public Hearing appeared in the Northwest Herald on May 16, 2006. A Certificate of Publication is on file in the City Clerk’s Office. Certified notices were mailed to all abutting property owners. Receipt of mailing and an affidavit of posting property are on file in the Clerk's Office. Planner Zeller presented the staff report. She explained the applicant intends to annex her property to the City in order to connect to the City's sanitary sewer system. As a result her property located at 3014 West Lincoln Road needs to be reclassified from R-1 in the County to RS-4 pursuant to the City's Zoning Ordinance. Staff has no concerns regarding this matter and supports the applicant's request. Ms. Goy stated she would like to connect to the City sanitary sewer as her septic system is failing. She stated to replace the system is just as costly as connecting to the City's sewer. She believes it would be more practical and environmentally sound to connect to the sewer rather than install a new septic system so close to the river. Chairman Pro Tem Ekstrom invited questions/comments from the audience. Mr. Arnold Garcia, after being sworn in by Attorney Cahill, inquired why he was served notice regarding this hearing. He stated he was worried that Ms. Goy's action would require him to annex his property to the City as well. Attorney Cahill explained all property owners whose property abuts the subject property were served notice of this hearing as required by State Statute. She noted the notice was served but Mr. Garcia was under no obligation to speak, or to take any action, i.e. annex his property, as a result of this hearing. Mr. Kevin Goy, son of the applicant, inquired if it would be financially prudent for Ms. Goy to connect to both City water and sanitary sewer at one time. Planner Zeller explained Ms. Goy could possibly save contractor's cost as both utilities could then be installed at the same time. However, there would be no savings as far as City fees were concerned as connection to water and sewer required separate connection and capital development fees. There was no further discussion or questions by the Commission. There was no further Public Comment regarding the application. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-675, to grant the request for a zoning map amendment to RS-4 High Density Single-Family Residential District upon annexation to the City of McHenry as submitted by applicant Ruth Goy for her property located at 3014 West Lincoln Road; and that Table 33, the Approval Criteria for Zoning Map Amendments, page 401 of the Zoning Ordinance, has been met. Planning and Zoning Commission June 1, 2006 Page 3 Voting Aye: Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None Abstaining: None Absent: Buhrman, Howell, Schepler. Motion carried 4-0. Chairman Pro Tem Ekstrom closed the Public Hearing at 7:45 p.m. Public Hearing – Josh Carstens File No - Z-677 1502 North Green Street Prior to the commencement of the next Public Hearing, Attorney Cahill stated for the record her firm, Zukowski, Rogers, Flood and McArdle, has in the past done some work for Kit Carstens, father of applicant Josh Carstens. At this time, no work is currently being done on his behalf, nor has the previous work had any impact or pertain to the matter before the commission this evening. Chairman Pro Tem Ekstrom at 7:46 p.m. called to order a Public Hearing regarding File No. Z- 677, an application submitted by Josh Carstens for a variance to allow a hot tub to be placed closer than 8 feet to the property line of his property located at 1502 North Green Street. Chairman Pro Tem Ekstrom stated notice of the Public Hearing was published in the Northwest Herald on May 17, 2006. A Certificate of Publication is on file in the City Clerk’s Office. Notices were sent via certified mail to all abutting property owners of record. Certificate of mailing and affidavit of posting the subject property as required by ordinance are on files in the City Clerk's Office. In attendance was applicant Josh Carstens who was sworn in by Attorney Cahill. Planner Zeller presented the staff report. She noted the applicant is seeking a minor variance to allow a hot tub within 8 feet of his property line. Hot tubs are considered swimming pools by definition in the Municipal Code and pools are not allowed within 8-feet of a property line. She stated the subject property is located in the old part of town where residential lots are small and do not have very large back yards. The applicant has determined the best location to place his hot tub and has secured the approval of his neighbors. Staff finds no concerns and supports the request. Chairman Pro Tem Ekstrom inquired if there were any questions and/or comments by the commissioners. In response to an inquiry regarding safety concerns, Mr. Carstens stated he intends to install a 6- foot privacy fence around the hot tub. In addition, there will be a self-closing self-latching gate. The hot tub lid has locked latches as well. There were no further questions or comments by the commissioners. There was no Public Comment regarding this matter. Planning and Zoning Commission June 1, 2006 Page 4 Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-677, a request for a minor variance to allow placement of a hot tub less than 8 feet from the property line at 1502 North Green Street, be granted, subject to: • The applicant shall apply for a permit and inspections with the City; • The applicant shall pay all pertinent fees for permit and variance; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Howell, Schepler. Motion carried 4-0. The Public Hearing was closed at 7:51 p.m. Other Business Commissioner Thacker expressed safety concerns regarding temporary pools that appear to be prevalent in the City. Planner Zeller responded Staff has encountered difficulty in enforcing permit application, barriers/fences, and numerous other issues in attempting to enforce the City's Swimming Pool Ordinance. Staff recently raised this issue with the Community Development Committee. The Committee recommendation was for Staff to create a handout to provide to the citizens advising of the dangers due to temporary pools. Planner Zeller stated there is no requirement that building permits be secured to install a temporary pool. Commissioner Cadotte encouraged Staff to continue to seek resolution for Gary Lang Auto Group's flagrant disregard for City ordinances regarding parking vehicles on the grass. Ms. Zeller instructed Commissioner Cadotte to contact Joseph Napolitano to discuss the matter further. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 7:55 p.m. Voting Aye: Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Howell, Schepler. Motion carried 4-0. The meeting was adjourned at 7:55 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary