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HomeMy WebLinkAboutMinutes - 06/19/2003 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION June 19, 2003 The June 19, 2003 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:30 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Absent: Franzen, Thacker. Staff in attendance: City Planner Martin, City Attorney Kelly Cahill, Deputy Clerk Kunzer. Also in attendance was Alderman Glab. Public Hearing: Mario and Maliea Penuela File No. Z-584 4720 Joyce Lane Chairman Howell at 7:32 p.m. called to order the Public Hearing regarding File No. Z-584, an application for variance to permit a swimming pool in the front yard filed by Mario and Maliea Penuela for the property located at 4720 Joyce Lane. In attendance were Mario and Maliea Penuela of 4720 Joyce Lane in McHenry. Chairman Howell swore in the witnesses for the Applicant. Chairman Howell stated notice of this Hearing was published in the Northwest Herald on June 3, 2003. A Certificate of Publication is on file in the Office of the City Clerk. Written notice was provided to adjacent property owners. Mr. Penuela stated the requested variance is to permit the placement of a 24’ above-ground pool in the front yard of their residence located at 4720 Joyce Lane. Mr. Penuela noted the special circumstances include the fact their property has double frontage on both Dartmoor Drive and Joyce Lane. In order to place the pool on the lot a variance to permit its location in the “front” yard is required. Planner Martin provided the Commission with a Staff Report regarding the applicants’ request. He stated per ordinance pools are not permitted in the front yard. This is a unique situation in that the subject property has double frontage or two “front yards” which would technically prohibit the installation of a pool anywhere on the property. Planner Martin advised the Commission Staff is currently in the process of addressing this and other conflicts in the ordinance to reduce the number of similar variance requests which would come before this Commission. Planner Martin also reported the applicants have appeared before Council to request a fence variance to allow the construction of fence within the 30’ required front yard setback from the Dartmoor Drive right-of-way. The fence would enclose the yard which contains the pool, as required by ordinance. Chairman Howell invited questions and/or comments from the Commissioners. In response to an inquiry, Mrs. Penuela stated the pool would be sited 8’ from the west property line. The fence height would be 6’ which would more than satisfy ordinance safety requirements. Ms. Penuela stated a privacy fence would be constructed. Chairman Howell noted there was no one in the audience wishing to be heard regarding this matter. Page 2 P&Z Commission 6/19/03 Motion by Nadeau, seconded by Cadotte, to recommend to the City Council the grant of a variance to permit the installation of an above-ground pool in the Dartmoor Drive front yard of the property located at 4720 Joyce Lane in Park Ridge Estates Subdivision as requested in File No. Z-584 as filed by Applicants Mario and Maliea Penuela; and that Table 32, the Approval Criteria For Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Thacker. Motion carried 5-0. Chairman Howell closed the Public Hearing at 7:42 p.m. Public Hearing: Sheila Eiler Z-586 3421 W Elm Street Chairman Howell at 7:43 p.m. called to order the Public Hearing regarding File No. Z-586, a petition for conditional use permit to allow the consumption of alcoholic beverages in conjunction with the operation of a restaurant with live entertainment, as filed by Sheila Eiler for the property located at 3421 West Elm Street 120 in McHenry, Illinois. In attendance were Sheila Eiler and Scott Thompson who were sworn in by the Chairman. Chairman Howell stated notice of this Hearing was published in the Northwest Herald on June 3, 2003. A Certificate of Publication is on file in the Office of the City Clerk. Written notices were provided to all abutting property owners. An Affidavit of Service and Posting is on file in the Office of the City Clerk. City Planner Martin provided an overview of the Staff Report. He stated the applicants have been operating their business, Horsin’ Around Karaoke Café, at 3421 West Elm Street, for several months. They are now requesting a conditional use permit to allow the table service of beer and wine in conjunction with the operation of their restaurant facility having live entertainment. The applicants have stated a liquor license to allow the serving of beer and wine would enhance their business, particularly as it involves karaoke. Planner Martin stated if the conditional use permit is granted, the applicants would seek a Class H liquor license from the City’s Liquor Commissioner. Chairman Howell invited questions and/or comments from the Commissioners. In response to an inquiry, Attorney Cahill stated, as long as the kitchen is open for service, minors may enter the facility unaccompanied by an adult. Ms. Eiler said a host or hostess at the door would prevent anyone leaving the premises who had overly imbibed. Questions regarding available parking were addressed by Ms. Eiler. She stated the nearby municipal parking lot is available. In addition, there are several parking spaces located on the subject premises and along the adjacent street. Chairman Howell noted there was no one in the audience wishing to be herd with regard to this matter. Page 3 P&Z Commission 6/19/03 Motion by Ekstrom, seconded by Cadotte, to recommend to Council that with regard to File No. Z-586, an application for conditional use permit filed by Sheila Eiler to allow the consumption of alcoholic beverages in conjunction with the operation of a restaurant having live entertainment for the property located at 3421 West Elm Street be granted, and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Thacker. Motion carried 5-0. Chairman Howell closed the Public Hearing at 7:52 p.m. Public Hearing: Rodney Schuh Z-545 2912-2914 West Route 120 Chairman Howell at 7:53 p.m. reconvened the Public Hearing regarding File No. Z-545, an application filed by Rodney Schuh for a conditional use permit to allow the outdoor display, storage and assembly of boatlifts and piers on the property located at 2912-2914 West Route 120. In attendance were Attorney Steven Cuda, Applicant Rodney Schuh, and Property Owner John Oliver. Chairman Howell reminded the witnesses, they have already been sworn. Applicant Schuh stated he was not present for the March 20th meeting as he was involved in a boating accident and unable to attend. Planner Martin provided the Commission with a brief synopsis of the status of the Applicant’s request including the history of appearances before this Commission. He noted the City has received a revised site plan reflecting the changes suggested previously by the Commission. The Building Commissioner has inspected the site and building. Following completion of the punch list developed from the inspection and granting of the requested conditional use, an occupancy permit would be granted to the applicant. Planner Martin enumerated the conditions which should be included in an ordinance approving the conditional use. The conditions related to: • Specifics regarding the display of merchandise; • Property maintenance improvements for the site; • Parking lot striping; • Specifics regarding storage of materials on the premises; • Specifics regarding assembly of merchandise on the premises; • Provision for clear access to the existing residence on the site; • Certificate of Occupancy and removal of all building code violations; Additionally, it is Staff’s recommendation if the conditional use is granted, it should be for one year only. If significant violations occur within the year, the Applicant would be required to appear before the Planning and Zoning Commission and City Council for renewal. Page 4 P&Z Commission 6/19/03 Chairman Howell invited questions and/or comments from Commissioners. In response to an inquiry, Planner Martin stated the applicant’s business was not in operation at the time this property was annexed in 1995 as part of the East of the Fox River annexation process. Due to the fact this is a new business on this site, a new conditional use is required to address the applicant’s request to allow outside display, storage and assembly of boatlifts and piers on the premises. Attorney Cuda noted the ordinance which would be prepared to grant the conditional use would provide more enforcement capabilities than presently occur regarding this property. The City would ultimately have more control over the use of this property if an ordinance is created which includes all conditions suggested by Staff. Attorney Cuda also pointed out if the Applicant does not comply with the ordinance, the conditional use would terminate in one year. Commissioners suggested the Applicant has not acted in good faith thus far regarding the use of the property. Piers are currently being displayed on site in an awkward fashion. Some discussion followed regarding the display of merchandise other than that being requested by the Applicant. It was the consensus of the Commission the Applicant has not made an effort to conform to Staff’s request for compliance. It was suggested the subject property is not the appropriate location for the proposed use. It was also noted the proposed use provides little opportunity to improve the property aesthetically. Attorney Cuda stated the County utilizes the conditional use process to place numerous restrictions and conditions on the property for which the conditional use is granted. He encouraged the Commission to improve the aesthetics of this site by placing conditions and/or restrictions of the use within the text of the ordinance granting the conditional use. Chairman Howell summarized the Commissions concerns regarding the request: • Is the subject property conducive to the use being requested; • Will the ordinance establishing the conditional use provide adequate controls to assure compliance; • Should a one-year term be granted to the use, subject to compliance by the Applicant to the terms of the ordinance; • Will the Applicant make a good faith effort to comply with the terms of the ordinance. It was suggested this type of business deserves more commercial exposure than this site can provide. Chairman Howell noted there was no one in the audience wishing to be heard with regard to this matter. Chairman Howell encouraged members of the Commission to provide clarification and/or comments with regard to their vote on the Applicant’s request. Motion by Cadotte, seconded by Buhrman, to recommend to Council that the conditional use request to allow the outdoor display, storage and assembly of boatlifts and piers on the property located at 2912-2914 West Route 120, as submitted by Rodney Schuh in File No. Z-545 be granted; subject to the following conditions: 1.Only the following items shall be displayed at any one time in front of 2914 West Route 120, all of which shall be aligned and not closer than ten feet from the back of curb of Route 120: Page 5 P&Z Commission 6/19/03 Two jet ski lifts One boat lift One pier One display board 2. Upon approval from City Council, the following improvements shall be made to 2912-2914 West Route 120: a) fencing shall be extended on the west side of the building to close off the existing gap b) a minimum 6’ high fencing shall be extended along the rear portion of the building at 2912 W Route 120. It shall extend from rear property line to the rear end of the building on the east side c) all dilapidated fencing at 2912-2914 W. Route 120 shall be repaired d) parking spaces shall be striped in accordance with the approved site plan e) the rear of the building at 2914 West Route 120 shall be re-sided f) a minimum of three planters shall be placed in front of the building at 2914 West Route 120 g) all wood behind the existing residence on the premises shall be stacked in a neat and orderly fashion or removed from the site h) the jet ski and rubber tube shall be removed from behind the building at 2914 West Route 120 3. There shall be no storage other than materials used to construct boatlifts, jet ski lifts or piers stored outside at 2914 West Route 120. 4. All outside storage at 2914 West Route 120 shall be kept within the confines of the fenced area behind said building. Said storage shall not exceed the height of the building directly to the south. 5. All assembly/construction of lifts and/or piers shall take place behind 2912 West Route 120. There shall be no storage of any barrels, wood or miscellaneous materials. 6. There shall be a clear access maintained at all times to the existing resident’s driveway in the rear of the property at 2914 West Route 120. Sufficient turnaround space shall be maintained for emergency vehicles. 7. All building code violations shall be addressed and a Certificate of Occupancy shall be issued within thirty days of approval of this ordinance by City Council. 8. The conditional use permit shall expire one year from the date of passage of this ordinance. At this time, if City Staff determines there has been no significant violation of said conditional use permit, said conditional use permit shall be renewed indefinitely. If significant violation(s) of the conditional use permit has/have been found, the Applicant is required to appear before Planning and Zoning Commission and the City Council for renewal. No additional public notice shall be required. and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Howell, Nadeau. Voting Nay: Cadotte, Ekstrom. Not Voting: None. Abstained: None. Absent: Franzen, Thacker. Motion failed to carry 3-2, as it required four ayes to pass. Page 6 P&Z Commission 6/19/03 Ekstrom voted nay as she felt in spite of four appearances before this Commission, no significant progress has been made to bring this property into compliance. The Applicant continues to display inappropriate materials in an unsatisfactory manner on this property. City Staff has been working with this Applicant for more than two years and the property is still an eyesore and the Applicant has not conformed to City ordinances and codes. The subject property is not appropriate for this use. Chairman Howell voted aye only because of the one-year expiration clause being included in the motion. Nadeau voted aye as the City should be able to establish more control over the subject property following passing of the ordinance with all of its conditions. Buhrman voted aye as the ordinance establishing the conditional use should provide controls to clean up this property as long as future uses would be not grandfathered into the City. Cadotte voted nay stating he concurred with Ekstrom. The Applicant has not made significant efforts to conform to City ordinances. The location is not appropriate for this use. Chairman Howell adjourned the Public Hearing at 8:36 p.m. Other Business Planner Martin reported the Special Meeting scheduled for June 26th would include two items: Variance to parking and setbacks to allow for the Route 31/McCullom Lake Roadway Improvements; Preliminary Plat for senior housing development along Bull Valley Road. Planner Martin announced the City has selected VOA as the Riverwalk Design Architect. Hallmark Homes townhome development west of Meijer/Home Depot received a cool reception from Council. Gerstad Builders Adams Farm proposal has also been discussed by Council. Several concerns were raised including the density of the project. This project may come back to Planning and Zoning for further review of the land use, zoning and density. Council recently amended the Municipal Code Chapter 8 regarding development in the flood plain. Council may now grant a variance administratively to permit development in the flood plain. The June 30th Council Agenda will include discussion regarding the Comprehensive Transportation Study and the annexation of unincorporated islands of land. Also on the Agenda is the conditional use request by Enoch Dobner and the Preliminary and Final Plat of Prairie Pointe Subdivision, as well as the minor variance request by American Heritage. Staff continues to refine the Subdivision Control Ordinance so that it is more user friendly. Some discussion followed regarding the City’s policy to permit fast-track commercial development. Page 7 P&Z Commission 6/19/03 Adjournment Motion by Ekstrom, seconded by Cadotte, to adjourn at 9:00 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Thacker Motion carried 5-0. 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.