HomeMy WebLinkAboutMinutes - 08/21/2003 - Planning and Zoning CommissionMinutes of the City of McHenry
PLANNING AND ZONING COMMISSION
August 21, 2003
The August 21, 2003 Meeting of the City of McHenry Planning and Zoning Commission was
called to order by Chairman Howell at 7:32 p.m. in the McHenry Municipal Center Council
Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom (arrived at 7:34
p.m.), Franzen, Howell, Nadeau. Absent: Thacker. Staff in attendance: City Attorney Rob
Fetzner, City Planner Martin, Deputy Clerk Kunzer.
Public Hearing: Rodney Ackerman
File No. Z-596
711 John Street
Chairman Howell at 7:33 p.m. called to order the Public Hearing regarding File No. Z-596, an
application for variance to corner side yard setback as filed by applicant Rodney Ackerman for
his property located at 711 John Street.
In attendance was applicant and property owner Rodney Ackerman who was sworn in by
Chairman Howell.
Chairman Howell noted all publication and notification requirements had been met. Notification
of the Public Hearing was published in the Northwest Herald on August 6, 2003. A Certificate of
Publication and an Affidavit of Service are on file in the office of the City Clerk.
Mr. Ackerman stated he is requesting a variance to allow the construction of a porch within his
corner side yard. The porch would encroach approximately 3’ into the required corner side yard.
Planner Martin provided the Commission with an overview of the Staff Report. He noted the
odd-shaped parcel presents a problem for the applicant who is in the process of renovating his
residence. An addition has already been approved by the Community Development Department.
When the applicant applied for a permit to construct a porch, he was informed it would encroach
into the corner side yard of his property. Planner Martin noted Staff recommends approval of the
request which meets the approval criteria contained in Table 32.
Chairman Howell invited questions and/or comments from the commission.
In response to an inquiry, Mr. Ackerman stated the porch will be located approximately 12.71’
from the corner side yard property line. Permit for the porch is pending approval of the request
for variance.
In response to Chairman Howell’s inquiry, there was no one in the audience wishing to speak
regarding this matter.
Motion by Franzen, seconded by Cadotte, to recommend to the City Council, with regard to File
No. Z-596, an application for a variance to allow a 3’ encroachment into the corner side yard of
the property located at 711 John Street in McHenry, file by Rodney Ackerman, be granted, and
that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has
been met.
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Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0.
Chairman Howell closed the Public Hearing at 7:42 p.m.
Public Hearing: Ron Bykowski
File No. Z-595
3710 West Elm Street
Chairman Howell at 7:43 p.m. called to order the Public Hearing regarding File No. Z-595, an
application for variance from parking requirements for the property located at 3710 West Elm
Street, filed by owner Ron Bykowski.
In attendance was applicant and property owner Ronald Bykowski who was sworn in by
Chairman Howell.
Chairman Howell noted all publication and notification requirements had been met. Notification
of the Public Hearing was published in the Northwest Herald on August 5, 2003. A Certificate of
Publication and an Affidavit of Service are on file in the office of the City Clerk.
Mr. Bykowski stated the property in question is the former Eby Brown building which has been
vacant for approximately two and one-half years. Mr. Bykowski is proposing connecting the Eby
Brown building to the Mill Pond Court development. He noted he owns both properties and
previously rehabbed the Mill Pond Court complex. The existing Eby Brown building
encompasses more than 70% of the lot area. The building has been reconfigured, added on to and
redeveloped as ownership changed throughout the years.
Mr. Bykowski is proposing to demolish a portion of the 28,500 square foot building. He
anticipates approximately 21,000-22,000 square feet will remain after the demolition. He will
remove approximately 10 feet from the front of the building and approximately 20 feet from the
building’s east side. Even with the demolition of a portion of the building, only 39 parking
spaces would fit on the lot. The Zoning Ordinance requires 59 spaces. He is seeking a variance to
permit just 39 parking spaces on the property. He also noted as Mill Pond Court will be “tied” to
this property via access, ingress and egress, he is suggesting overflow parking would occur in the
Mill Pond Court lot.
Mr. Bykowski stated Elm Street streetscape is in need of rejuvenation. He cited several vacant
storefronts and buildings in a state of deterioration. In view of the City’s plans for a Riverwalk,
this would appear an opportune time to redevelop the Eby Brown property. Mr. Bykowski noted
a preliminary concept plan of his renovation of this property was presented to the City Council
on June 30th. Council encouraged Mr. Bykowski to begin the process to move the project along.
Planner Martin provided an overview of the Staff Report for this project. He noted the site is a
good example of adaptive re-use of an existing building. Access onto Route 120 is not good. A
variance as to parking is required as the building consumes so much of the lot. The proposed
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rehab of the building and the site improvements will greatly enhance the streetscape in this area.
Planner Martin also noted Staff has suggested installing a cul-de-sac and closing access to/from
Route 120 at this location. In the alternative, Staff encourages making Millstream Drive one-way
for northbound traffic only.
Chairman Howell invited questions and/or comments from the commission.
In response to an inquiry, Mr. Bykowski stated there would be approximately 14,000-15,000
square feet devoted to retail space in the building. There are currently three loading docks. Two
of the docks would be removed. Employee parking would be designated on the north side of the
building
Mr. Bykowski stated there would be no store fronts on the north side of the building. A covered
walkway is proposed along the east side of the building, similar to the one on the west side of the
Mill Pond Court complex.
Some discussion followed regarding the desirability of installing a cul-de-sac and closing off
Millstream Drive at its intersection with Route 120. It was noted if a cul-de-sac is constructed,
room for additional parking would be available.
In response to an inquiry, Mr. Bykowski stated he has no prospective tenants at this time. He
noted specialty retail is needed at this location. Further discussion occurred regarding the
possible removal of the Nappoli Pizza building which Mr. Bykowski also owns. If the building
were razed there would be room for additional parking. In light of the Riverwalk project which
would end just south of the Route 120 bridge (east of Sullivan Foods), it is important to improve
the appearance of this general area. In response to further inquiry, Mr. Bykowski stated curb and
gutter would be installed along Millstream Drive. The subject property is located within the
City’s TIF District. Curb and gutter installation are public improvements and could be paid for
from TIF funds.
In response to Chairman Howell’s inquiry, there was no one in the audience wishing to be heard
with regard to this matter.
In closing, Mr. Bykowski stated the variance requested is realistic to the scope of the project. It is
a minimal request that will provide maximum long-term benefits to the community for real estate
and sales tax generators. The completed project will be an asset to the community as well as a
catalyst to future adaptive re-use of other area properties.
Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File
No. Z-595, an application for variance to the parking requirements which would permit 39
parking spaces instead of the required 59 parking spaces for the property located at 3710 West
Elm Street, as filed by applicant and property owner, Ronald Bykowski, be granted, subject to
the following conditions:
1. Decorative down lighting be used n the property, with no spillover to the residential area
to the north;
2. Consideration be given to constructing a cul-de-sac in the rear of the building and
vacating Millstream Drive south to Route 120;
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and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance,
has been met.
Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0.
Comments by Commission:
Commissioner Franzen expressed his support of the project and encouraged City Council to form
an unofficial partnership with the applicant to assist in cleaning up this area. It is clearly needed
and Mr. Bykowski has the interest and motivation to accomplish it.
Chairman Howell expressed his appreciation for the applicants efforts to improve the area.
Commissioner Buhrman concurred with the previous statements and heartily endorsed the
project.
Chairman Howell closed the Public Hearing at 8:10 p.m.
Other Business
Planner Martin provided general information regarding aesthetics issues, City parking
regulations and ordinances, and nuisance vehicle ordinances. He reported on recent Council
action pursuant to recommendations made from this Commission. He also reported the
Riverwalk Committee met on Tuesday, August 19th.
Upcoming Planning and Zoning Meeting Agendas include:
9/4 Kotiw apartment complex
9/11 Variance for IHOP and Jewel on Elm Street
9/18 Sloppy T’s.
Discussion Regarding Aesthetics
In response to an inquiry from Chairman Howell, Planner Martin stated the Code Compliance
Inspectors and Chief of Police would not be in attendance at this evening’s meeting. The request
to have these officials present was denied. Some discussion followed as to how to proceed in
light of the refusal to have the enforcement officials present at this meeting.
It was suggested the commission take one specific issue, find ways to clarify and/or improve
upon it, and also create a clearcut plan on the structure, purpose and function of the Aesthetics
Committee.
The commission reviewed Chapter 27, Inoperable or Abandoned Vehicles. The only comments
were to include a timeline in Section 27-2 and to specify if written or oral permission should be
required in Section 27-3. It was suggested a specific time be implemented in Section 27-3, such
as 3-day limit for permission to park an inoperable vehicle on the premises.
Regarding the Off-Street Parking provisions found in Chapter VII of the Zoning Ordinance, the
commission suggested the following:
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VII(B)4 Surface of Parking Areas: eliminate the phrase “except that an approved crushed gravel
base may also be used for single=family detached dwellings”. Add at the end of the paragraph
“Any existing crushed gravel driveway being expanded shall be paved in totality”.
VII(B)5 Wheel Guards: include the phrase “permanently secured in place” following the word
installed in the second line of this paragraph.
VII(B)6 Fuel Sales in Parking Areas: Paragraph lacks clarity. This paragraph will be sent to sub-
committee for further review.
VII(B)8A Parking of Recreational Vehicles: lengthy discussion followed regarding the parking
of boats and recreational vehicles in the residential district. It was the consensus boats should no
be permitted outside from October 1 until April 1st. Recreational vehicles should only be
permitted outside for a 24-hour loading or unloading period. It was suggested this matter be
further reviewed by the sub-committee.
Adjournment
Motion by Franzen, seconded by Nadeau, to adjourn at 9:06 p.m.
Voting Aye: Bolger, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0. Meeting adjourned at 9:06 p.m.
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.