HomeMy WebLinkAboutPacket - 08/16/2017 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE
DATE: Wednesday August 16, 2017
TIME: 7:30 p.m.
PLACE: McHenry Municipal Center
(City Council Chambers - South Court Entrance)
333 South Green Street, McHenry, IL 60050
AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Input - (five minutes total on non -agenda items only)
5. Consideration of Approval of Meeting Minutes: June 21, 2017 Regular Meeting
6. /THE FOLLOWING PUBLIC HEARING (6.1 WILL BE RESCHEDULED DUE TO A PUBLICATION ERROR]
Z-913 Public Hearing — Zoning Map Amendment from RS-4 and C-4 to RM-2;
Variances; and Preliminary and Final Plat of Subdivision on the Subject Property consisting of the
following PIN numbers: 09-26-405-016; 09-26405-017; 09-26-405-018; 09-26-405-024; and 09-
26.405-025 which include the following addresses: 3512 W Pearl Street; 3516 W Pearl Street;
3518 W Pearl Street and 1404 N Richmond Road
Applicant: Full Circle Communities, Inc., 310 S Peoria #500 Chicago, IL 60607 for
property owner Jonco Properties LLC c/o John Colomer, 312 Shepherd Hill Lane,
McHenry, IL 60050
Requested Actions:
1. Zoning Map Amendment from RS-4, High -Density Single -Family Residential and
C-4 Downtown Commercial to RM-2 High -Density Multi -Family Residential;
2. Variance from the Minimum Required Front Yard in the RM-2 zoning district;
3. Variance from the off-street parking and loading requirements;
4. Preliminary and Final Subdivision plat approval.
5. Any other variances required to develop the Subject Property in substantial
accordance with the site; landscape plans and building elevations submitted for
this petition.
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in acustomer-oriented, efficient and Jiscnlly responsible manner.
Location ofSubiect Property: The subject property includes 3512 W Pearl Street; 3516
W Pearl Street; 3518 W Pearl Street and 1404 N Richmond Road (Illinois Route 31)
and is generally located at the northeast corner of Pearl Street and Richmond Road
(Illinois Route 31), including the current City right-of-way located immediately
north of the Subject Property,
7. Z-914 Public Hearing —Use Variance toallow atwo-family dwelling at 3615 W. Waukegan Road
Applicant: Kevin and Barbara Schechtel, 810 Old Oak Circle, Algonquin, IL 60102
Requested Actions: Use Variance from Article IV. Residential Districts to allow atwo-
family dwelling on the Subject Property
Location of Subiect Property: The subject property is located at 3615 W Waukegan Rd.,
McHenry, IL
8. Staff Report —Next Regular Meeting Date :September 20, 2017
9. Adjourn
The City of McHenry is dedicated to providing [he citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a nistomer-oriented, efficient and fiscnlly responsible manner.
City of McHenry
Planning and Zoning Commission Minutes
June 21, 2017
Vice -Chairman Thacker called the June 21, 2017 regularly scheduled meeting of the City of
McHenry Planning and Zoning Commission to order at 7:32 p.m. In attendance were the
following: Meyer, Miller, Thacker, and Walsh. Absent: Doherty, Sobotta, and Strach. Also in
attendance were: Director of Economic Development Martin, City Attorney Cahill, and
Administrative Assistant Wolf.
Approval of Minutes
Motion by Meyer, seconded by Walsh, to approve the May 17, 2017 regular meeting minutes of
the Planning and Zoning Commission Meeting as presented:
Voting Aye: Meyer, Thacker and Walsh.
Voting Nay: None.
Not Voting: None,
Abstaining: Miller.
Absent: Doherty, Sobotta, and Strach.
Motion carried 3-0.
Public Hearing: Michael Lohse
File No. Z-910
318 South Windhaven Court
Minor Variance from Article IV Residential Districts to allow an encroachment into the
required side yard of approximately 2.5' on the subject property
Vice -Chairman Thacker called the Public Hearing to order at 7:35 p.m. regarding File No Z-910,
an application for a variance from Article IV Residential Districts to allow an encroachment of
2.5' into the required side yard on the subject property as submitted by Michael Lohse, 318
Windhaven Court, McHenry, IL 60050.
Vice -Chairman Thacker stated Notice of the Public Hearing was published in the Northwest
Herald on June 4, 2017. Notices were mailed to all abutting property owners of record as
required by ordinance. The subject property was posted. A Certificate of Publication and
Affidavit of Compliance with notice requirements are on file in the City Clerk's Office.
In attendance was Mr. Michael Lohse, 318 Windhaven Court, McHenry, IL who was sworn in by
Chairman Strach. Mr. Lohse provided a summary of the request before the Commission at this
Hearing stating they are requesting a zoning variance for a third car garage addition.
Vice -Chairman Thacker stated the requested action is a building setback variance to allow an
encroachment of approximately 2.5' into the required side yard. The proposed attached garage
addition is 212 square feet. The required side yard setback is 7.5' and the addition would
Planning and Zoning Commission
one 21, 2017
Page 2
extend 2.5
into
the
required side
yard on the south side of the home. The current garage is
400 square -feet
and
the addition is
on the south side of the garage.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating practically, without the variance, the width of the addition would
be reduced to eight feet, and it would be very difficult to fit a vehicle in the expansion area
(minimum parking dimensions are 9' X 18'). The applicant is also proposing a driveway
expansion, which would align with the garage addition.
Director Martin stated if approved the garage would consist of about 600 square feet, which is
not overwhelming. Sample renderings of the proposed addition were presented. If required to
comply with the 7.5-foot side yard setback the applicant would not be able to maximize the
property due to the width of the lot and the fact the garage is located to the south of the home.
There is no other opportunity to expand the existing garage without the requested variance,
which is minimal. Staff does not believe it will have any adverse impact on the surrounding
properties. The drainage flows to the south and east currently on the southern half of the lot
and the applicant cannot alter the natural flow of the water if the addition is constructed. This
will be reviewed in more detail when a permit is submitted.
Director of Economic Development Martin stated Staff recommends approval of minor
variances from Article IV. Residential Districts to allow a 2.5-foot reduction in the required side
yard building setback. The proposed garage addition must be in substantial conformance with
attached elevations and site plan. Staff finds all requirements in Table 32 of the zoning
ordinance have been met.
Vice -Chairman Thacker invited questions and/or comments from the Commission.
Commissioner Meyer
asked for
clarification
on the drawings attached. Director Martin stated
the 2.5 setback notation
on the
drawing is an error and should be 5.0 feet to meet the needs of
the request asking for
a 2.5 yard
reduction in
the setback requirement.
Vice -Chairman Thacker opened the floor to questions and comments from the audience.
There was nobody in attendance who wished to address the Commission regarding this matter.
Vice -Chairman Thacker closed the public comment portion of the hearing at 7:40 p.m.
Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No.
Z-910, approval of an application for variances from Article IV. Residential Districts to allow a
2.5-foot reduction in the required side yard building setback on the condition the proposed
garage addition must be in substantial conformance with elevations and site plan submitted for
this hearing, be granted and Staff finds all requirements in Table 32 of the zoning ordinance
have been satisfied.
Planning and Zoning Commission
June 21, 2017
Page 3
Voting Aye: Meyer, Miller, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Sobotta, and Strach.
Motion carried 4-0.
Vice -Chairman Thacker closed the Public Hearing regarding File No. Z-908 at 7:42 p.m.
Public Hearing: Justin and Cory Murov
File No. Z-911
3405 Elm Street
Use Variance to Allow a Tattoo Parlor and Art Studio
on the Subject Property,
Vice -Chairman Thacker called the Public Hearing to order at 7:43 p.m. regarding File No Z-911,
an application for a use variance to allow a tattoo parlor and art studio at 3405 W Elm Street as
submitted by Justin and Cory Murov, 38160 N. 4ch Avenue, Spring Grove, IL 60050.
Vice -Chairman Thacker stated Notice of the Public Hearing was published in the Northwest
Herald on June 4, 2017. Notices were mailed to all abutting property owners of record as
required by ordinance. The subject property was posted. A Certificate of Publication and
Affidavit of Compliance with notice requirements are on file in the City Clerk's Office.
In attendance were Justin and Cory Murov of Spring Grove, IL who were sworn in by Chairman Thacker. Thacker. Mr. Murov provided a summary of the request before the Commission at
this Hearing stating they are hoping to get approval for a tattoo/art studio to enhance the
community with his talent in art and help contribute to the community.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating the applicant has been seeking a location for several weeks to
open a tattoo parlor and art studio and pursued the building at 3940 Main Street however, the
Use Variance was not approved by the City Council. Concerns expressed at the meeting
included: covering windows and being aesthetically -pleasing; signage; preference to be out of
the downtown area and number of tattoo parlors already in the City. Currently the only tattoo
parlor in the City is located on Green Street.
Director Martin stated he and Mayor Jett subsequently met with the applicants to discuss other
options and they looked at several locations. Following that, Director Martin contacted the
property owner at 3405 Elm to see if he would be interested in this use and the owner was
amenable to working with the applicants. A business plan, examples of artwork and proposed
signage were presented.
Planning and Zoning Commission
June 21, 2017
Page 4
Staff has been working with the applicant for some time to find an ideal location for their
business. The applicant's narrative provides a good overview of their proposed business. Staff
does not believe a tattoo parlor and art studio will have any adverse land use impacts on
adjacent properties or require additional City services. Staff believes the proposed use will add
an additional element and amenity for people to come to McHenry and supports the use
variance. The proposed site at 3405 Elm is very difficult to lease due to limited parking and
challenging access however, the proposed use is destination oriented.
There is some parking to the south and west of the building, as well as on -street parking. There
is also a wider sidewalk directly adjacent to the unit. There is parking on Court Street which is
open to the general public. The subject property can be accessed off of Elm or Court Street
(vehicular access) and while not downtown -is well -positioned to take advantage of downtown
events and draw pedestrian traffic, particularly with the wider sidewalks.
Tattoo parlors are very popular and part of mainstream society and staff believes it would be
shortsighted to not allow a business which there is clearly a demand for. Director Martin stated
he appreciates the applicants working with the City in moving forward with finding a better
location to bring something to the City we don't have as well as filling an empty storefront that
is difficult to fill due to a few reasons.
Director of Economic Development Martin stated Staff is recommending approval of a use
variance to allow a tattoo parlor and art studio on the subject property with the following
conditions:
• Use variance shall expire and become null and void if the tattoo parlor use ceases for a
period of six consecutive months;
• No piercing is allowed on the subject property;
• Appropriate state licensure and inspections by the McHenry County Health Department
shall be obtained and completed prior to any tattooing being done at the subject
property;
• The windows facing Elm Street shall not be covered; blocked or sight -line into the
building impeded in any manner with the following exception: interior signage may be
placed on the windows, however any signage must relate to the business and not cover
more than 50% of the total window area;
• Sign for proposed business shall be in substantial conformance with the wooden sign
depicted on the cover of the business plan; and
Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied.
Vice -Chairman Thacker invited questions and/or comments from the Commission.
Commissioner Miller thanked the applicants for returning with a new location and hopes they
are successful.
Planning and Zoning Commission
June 21, 2017
Page 5
Commissioner Meyer asked if the Murov's were accepting of the conditions as stated and they
stated they had no problem with any of the conditions. Commissioner Meyer stated he would
like to see the Murov's being refunded their initial application fee if they are approved by City
Council this time and would like that added as a condition. Director Martin stated it should not
be added as a condition but Mr. Meyer's comment will be reflected in the meeting minutes.
Commissioner Thacker agreed with Commissioners Miller and Meyer and agrees this appears to
be a better location and he would like to see the Murov's initial application fee refunded.
Vice -Chairman Thacker opened the floor to questions and comments from the audience.
There was nobody in attendance who wished to address the Commission regarding this matter.
Vice -Chairman Thacker closed the public comment portion of the hearing at 7:50 p.m.
Commissioner Meyer inquired if the first condition regarding expiration of the variance if use
ceases for 6 months is only for tattoo parlors. Director Martin and Attorney Cahill explained
the restriction as a standard provision for a use variance or special use.
Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No.
Z-911, approval of an application for a use variance to allow a tattoo parlor and art studio on
the subject property with the following conditions:
• Use variance shall expire and become null and void if the tattoo parlor use ceases for a
period of six consecutive months;
• No piercing is allowed on the subject property;
• Appropriate state licensure and inspections by the McHenry County Health Department
shall be obtained and completed prior to any tattooing being done at the subject
property;
• The windows facing Elm Street shall not be covered; blocked or sight -line into the
building impeded in any manner with the following exception; interior signage may be
placed on the windows, however any signage must relate to the business and not cover
more than 50% of the total window area;
• Sign for proposed business shall be in substantial conformance with the wooden sign
depicted on the cover of the business plan;
be granted, and staff finds all requirements in Table 32(A) of the zoning ordinance have been
satisfied.
Voting Aye: Meyer, Miller, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None,
Absent: Doherty, Sobotta, and Strach.
Motion carried 4-0.
Planning and Zoning Commission
June 21, 2017
Page 6
Vice -Chairman Thacker closed the Public Hearing regarding File No. Z-911 at 7:51 p.m.
File No. Z-912
Final Plat of Heidner Properties Subdivision and Variance from the Subdivision Control and
Development Ordinance Section 6.13 requiring above -ground structures along the perimeter
of a new subdivision to be buried along Chapel Hill Road
In attendance was Troy Paionk, Manhard Consulting, 900 Woodlands Parkway, Vernon Hills, IL
60061 who was acting on behalf of the applicant, RR McHenry, LLC, 5277 Trillium Blvd.,
Hoffman Estates, IL 60192 regarding the final plat and variance for the Heidner Properties
subdivision. He is asking for approval of the final plat of the subdivision and variance from the
requirement to bury above -ground utilities along the perimeter of the subdivision along Chapel
Hill Road.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this
matter, stating in 2016 the Planning and Zoning Commission considered and recommended
approval of the development of the subject property and subsequently it was given City Council
approval.
The ordinance grants a conditional use permit to allow an automobile fueling station and drive-
in establishment associated with an automobile wash; a conditional use permit to allow a drive-
in establishment as part of a multi -tenant freestanding retail building; a variance from the off-
street parking and loading requirements; a variance to allow multiple principal buildings and
land uses on one zoning lot; (convenience store and automobile Washing Facility); a variance
from the minimum spacing requirement between service stations and a variance from the
parking screening strip requirements.
The Final Plat of Subdivision for the subject property was presented. Staff has reviewed the
plat, spoken to the City Engineer and believes the final plat is in substantial conformance with
the preliminary plat approved last year. Director Martin stated he has spoken with the owners
of Riverside Chocolate Factory and they are excited and elated for this project to be built. He
was contacted by a resident as to why a silt fence was being installed. Director Martin
explained it was to protect endangered species Blandings Turtles. Letters from the McHenry
County Division of Transportation and State of Illinois providing their comments on the project
were presented. The city engineer recently met with the applicant's engineer and minor
changes to the site engineering and plat are being made however, the city engineer and staff
are comfortable these changes will not impact the site layout or plat. Staff has found the plat
to be in substantial conformance with all city ordinances relating to a final plat of subdivision
and would recommend the Planning and Zoning Commission recommend approval of the final
plat.
Planning and Zoning Commission
June 21, 2017
Page 7
Additionally, the applicant is requesting a variance from Section 6.13 of the Subdivision Control
and Development Ordinance, which requires all new subdivisions to bury existing utility
structures. A project narrative was presented which explains and provides justification for the
variance. Staff believes the variance is justified particularly due to the planned future roadway
expansion (Chapel Hill Road). While this expansion will occur as part of an overall plan
McHenry County has, there is no definitive timetable. Burying the power lines and then having
to relocate them in the future does not make sense and is impractical and Staff supports the
requested variance. The applicant would like to begin construction in late summer 2017.
Director of Economic Development Martin stated staff recommends approval of the Final Plat
of Subdivision: Heidner Properties Subdivision prepared by Vanderstappen Surveying Inc. with
a latest revision date of June 8, 2017 and Variance from Section 6.13 of the Subdivision Control
and Development Ordinance Section to allow above -ground structures along Chapel Hill Road
with the following conditions:
1. Compliance with all revisions and comments pertaining to site engineering by Staff, City
engineer, McHenry County Highway Division and State of Illinois;
2. Plat must be recorded within six months of City Council approval by ordinance and;
3. A stormwater permit, along with a stormwater pollution prevention plan, shall be
submitted and approved by the city engineer and staff prior to construction or any site work
being completed.
Vice -Chairman Thacker opened the floor to questions from the commissioners.
There were no questions from the commissioners.
Vice -Chairman Thacker opened the floor to questions and comments from the audience.
No one signed in for input to Public Comment.
Motion by Meyer, seconded by Miller, to recommend to City Council the Final Plat of
Subdivision: Heidner Properties Subdivision prepared by Vanderstappen Surveying Inc. with a
latest revision date of June 8, 2017 and Variance from Section 6.13 of the Subdivision Control
and Development Ordinance Section to allow above -ground structures along Chapel Hill Road
be approved subject to the following conditions:
1. Compliance with all revisions and comments pertaining to site engineering by Staff, City
engineer, McHenry County Highway Division and State of Illinois;
2. Plat must be recorded within six months of City Council approval by ordinance and;
3. A stormwater permit, along with a stormwater pollution prevention plan, shall be
submitted and approved by the city engineer and staff prior to construction or any site work
being completed.
Planning and Zoning Commission
June 21, 2017
Page 8
Voting Aye: Meyer, Miller, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Sobotta, and Strach.
Motion carried 4 0.
Staff Report
The next Planning and Zoning meeting is scheduled for Wednesday, July 19, 2017. There are no
applications submitted as of this date. Director Martin thanked Commissioners Miller, Doherty,
and Sobotta for attending the Chicago Metropolitan Agency for Planning Onto 2050 Forum last
week along with Director Martin, Administrative Assistant Wolf,
Adjournment
Motion by Miller, seconded by Walsh, to adjourn the meeting at 8:05 p.m.
Voting Aye: Miller, Meyer, Thacker, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Sobotta, and Strach.
Motion carried 4-0.
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Pt? aL
Dorothy M. Wolf, Administrat v Assistant
City of McHenry
Department of Community &Economic Development
Doug Martin, Director of Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
dmartin@ci.mchenry.il.us
MEMORANDUM
DATE: August 10, 2017
TO: Planning &Zoning Commission
FROM: Doug Martin, Director of Economic Development
RE: Z-913 Full Circle Communities
The public hearing for case Z-913, request for a Zoning Map Amendment, Variances, and
Preliminary and Final Plat of Subdivision at 3512 W. Pearl St.; 3516 W. Pearl St.; 3518 W Pearl
St.; and 1404 N. Richmond Rd. will be continued to a special Planning and Zoning Commission
meeting at a future date due to an error on publication of the Public Notice.
[Z-914 PLANNING AND ZONING COMMISSION
STAFF REPORT Z-914 USE VARIANCE FROM ARTICLE IV.
RESIDENTIAL DISTRICTS TO ALLOW A TWO-FAMILY
DWELLING ON THE PROPERTY LOCATED AT 3615
WAUKEGAN ROAD]
Applicant
Kevin J. Schechtel
810 Old Oak Circle
Algonquin, IL 60102
Requested Action
Use Variance from Article IV. Residential Districts to allow a two-family dwelling at 3615
Waukegan Road
Site Information
Location and Size of Property
The subject property is located on the south side of Waukegan Road across from Landmark
School, west of Green Street.
Comprehensive Plan Designation
Medium -Density Residential
Existing Zoning and Land Use
The subject property is currently zoned RA-1 Attached Residential and contains a two-family
dwelling (two -flat) and a detached garage.
Adjacent Zoning and Land Use
North: 04 Local Office Landmark School
South: RS-4 High -Density Single -Family Residential
East: RA-1 Attached Residential, Residential
West: RA-1, Residential
3
[Z-914 PLANNING AND ZONING COMMISSION
STAFF REPORT Z-914 USE VARIANCE FROM ARTICLE IV.
RESIDENTIAL DISTRICTS TO ALLOW A TWO-FAMILY
DWELLING ON THE PROPERTY LOCATED AT 3615
WAUKEGAN ROAD]
BACKGROUND
Many of the homes around which the City developed in the original part of McHenry, Main Street
and Waukegan Road area, were constructed as single-family and multi -family dwellings (primarily
2-4 dwelling units). A large concentration of the multi -family dwelling units are located on
Waukegan Road.
The subject property is zoned RA-1 Attached Residential which permits single-family attached
dwellings and townhouses, however it does not allow two-family dwellings. Single-family
attached dwellings and townhomes are buildings with more than one dwelling unit separated by
a common vertical wall. In accordance with the City's zoning ordinance they are essentially the
same with one exception. Single-family attached dwellings are required to be on individual lots
(zero lot line/no building setbacks) and townhouses are on one lot.
A two-family dwelling is simply one building with two dwelling units and amultiple-family
dwelling is a building with three or more dwelling units and these can be on one lot and only
located in the RM zoning districts whereas the RA-1 District solely permits single-family attached
and townhouses (in groupings of six or fewer dwelling units).
The subject property is atwo-flat-with a unit on the first floor and a unit on the second floor.
Each unit has a separate entrance and share a common driveway. In order to comply with the
zoning ordinance the applicant is requesting a use variance to allow a two-family dwelling which
is exactly what exists on the site now.
STAFF ANALYSIS
The applicant is required to obtain a use variance to make the subject property comply with the
City's zoning ordinance (become legal) whereas it is currently non -conforming because the use,
while it exists, is not permitted in the zoning district. Additionally, since one of the two units has
been vacant for more than 30 consecutive days the non -conforming two -flat cannot be
reestablished, second unit occupied, without complying with the zoning ordinance. One way to
comply with the zoning ordinance is to obtain a use variance.
[Z-914 PLANNING AND ZONING COMMISSION
STAFF REPORT Z-914 USE VARIANCE FROM ARTICLE IV.
RESIDENTIAL DISTRICTS TO ALLOW A TWO-FAMILY
DWELLING ON THE PROPERTY LOCATED AT 3615
WAUKEGAN ROAD]
Use Variance Criteria
Form E of the City's zoning ordinance includes approval criteria to be considered when evaluating
a request for a use variance. Included are five criteria which the applicant must satisfy to receive
a positive recommendation for the request. These are: practical difficulties or particular
hardship, reasonable return, unique circumstances, not altering local character and consistency
with the comprehensive plan.
This area of the City is unique in how it originally developed and in large part is a function of the
City's history. It is certainly the only area of the City, with the exception of Maple Court,
constructed in this manner: historic/non-traditional homes and buildings with multiple units.
The RA-1 zoning designation has been utilized in other areas of town but only in what we know
as traditional townhome developments: Legend Lakes, Kresswood Trails, Timber Trails. The
proposed use variance will certainly not alter the local character and is consistent with the
comprehensive plan.
Maintaining the RA-1 zoning and approving a use variance to allow atwo-family dwelling makes
more sense because it allows these buildings in the older part of town, many constructed in the
nineteenth century, to remain and continue to be utilized as they were intended. However under
the RA-1 zoning the building cannot be utilized for more than two dwelling units but could be
used as a single-family dwelling so there is some flexibility to this regard.
RECOMMENDATION PRIOR TO PUBLIC HEARING
Approval of a Use Variance at 3615 Waukegan Road Loallow a two-family dwelling.
Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied.
Attachments
• Photographs of Subject Property
• Application packet
August 16, 2017
•.: `� ,
\ 4
Dear McHenry Zoning Department,
He # 2.-u14
I am currently requesting a variance to my rental property located at 3615 Waukegan
Rd, McHenry, IL 60050 in order to remedy a situation I was recently made aware of. I
purchased this residence in 2006 which included tenants living in the upper unit and
also tenants living in the lower unit. No modifications have been made to the home
since I have purchased it. As I placed the home up for sale, I chose not to find a new
tenant for the lower unit since Jan 2017 in effort to make the home sell quicker should a
perspective buyer choose to move in rather rent it out. The upper unit remains occupied
by a tenant. The home is currently under contract with a prospective buyer, however the
FHA loan officer is stating that the inspector stated that current zoning is not adequate
for the home and will not provide a loan as a result.
I am seeking a variance that will bring the home back within zoning code and also allow
the buyer to secure a loan as a result. It is my understanding that the buyer would like to
move into the lower unit and continue to rent the upper unit of the home. If the deal falls
through, I would like to be in compliance to rent both -units -again until I can find another
buyer.
I apologize for the
late request,
but this
information
was brought to my attention within
the last week and
we are trying
to close
as soon as
we can.
Any assistance you can provide would be greatly appreciated.
Sincerely,
O
Kevin J. Schechtel
847-867-0623
FORMA File Number Z-914
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax; (815) 363-2173
1. Name of Applicant Kevin J. Schechtel Tel 847-867-0623
Address: 810 Old Oak Circle, Algonquin, IL, 60102 Fax
2. Name of Property Owner
(If other than Applicant)
Address _
3. Name of Engineer
(If represented)
Address
Tel
Fax
Tel
Fax
4. Name of Attorney Tel
(If represented)
Address Fax
5. Common Address or Location of Property: 3615 Waukegan Rd, McHenry, II., 60050
6. Requested Actions) (check all that apply)
Zoning Map Amendment (Rezoning)
Conditional Use Permit
Zoning Variance
X Zoning Variance -Minor
Zoning Text Amendment
Other
Provide a brief description of the Requested Actiorr(s). For example, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is
requested:
I am seeking a variance to the property which will allow me to once aeain rent the two units that the home
is comprised of. Home was uurchased 9{2612006 this wav and has gone unchanged since Currently the
home is for sale with a prospective buyer under contract however the FHA home inspection is
claiming that it does not comply with current zoning
FORMA Page 1 of 3
7.
Current
Use of Property
Currently
used
as a two unit
rental
property,
as
it was purchased
in 2006
Upper
unit
is occupied
Lower unit
is unoccupied
since
1/2017
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
To the best of my knowledge zoned a RA-1 no known variances or conditional uses
9. Current Zoning Classification and Land Use of Adjoining Properties
North: O-1 School and C-5 vacant
South: RA-1 Attached
East: RA-1 Attached
West: RA-1 Attached Residential.
10. Required Attaclunents (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attaclunents.
X
1.
Application Fee (amount) $ 950
2.
Narrative
Description of Request
X
3.
FORMA
—Public Hearing Application
4.
FORM B
— Zoning Map Amendment (Rezoning) Application
5,
FORM C
— Conditional Use Application
6.
FORM D
— Zoning Variance Application
X
7.
FORM E
— Use Variance Application
X
8.
Proof of
Ownership and/or Written Consent from Property
X 9. Plat of Survey with Legal Description
X 10. List of Owners of all Adjoining Properties
X 11. Public Hearing Notice
12. Sign (Provided by the City, to be posted by the Applicant)
13. Site Plan
14. Landscape Plan
15. Architectural Rendering of Building Elevations
16. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
Owner
FORMA Page 2 of 3
11. Disclosure of crest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Connnission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
Sienature of Applicant(s)
Print Name and Designation of Applicants)
Kevir rechtel
FORMA Page 3 of 3
FORME File Number Z-914
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street � McHemy, Ih 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173
Table 32(A) of the City of McHenry Zocung Ordinance provides that in recommending approval or
conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City
Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Practical Difficulties or Particular Hardship
The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or
structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as
distinguished from a mere inconvenience.
Home was purchased in 2006 having two rental units occupied by tenants. Since the, no
alterations have been made. Currently the lower unit has been unoccupied since 1/2017, however upper
unit is occupied. Home was put up for sale and lower unit kept unoccupied to assist in the sale for .
availability should a buyer wish to move in I was informed that since the lower unit was unoccupied for
more than 30 days, the zoning reverted to its original state.
2. Reasonable Return
The property cannot yield a reasonable return if permitted to be used only under the conditions allowed
by the Zoning Ordinance for the pertinent zoning district.
Without this variance. the potential buyer cannot obtain a loan for single family purchase and keep the
current renter in the upstairs unit Should this sale fall through I cannot rent out the bottom unit again
due to the zoning reverting back This is causing me hardship and financial burden as I cannot sell nor
rent the home as I have been over the past I 1 years.
3. Unique Circumstance
Special circumstances exist that are peculiar to the property for which the use variance is sought which do
not apply generally to other properties in the same zoning district.
FORME Page 1 of 2
This home of two units. must have been converted decades ago as there are no signs of construction or
reconstruction. The home is in the same stat as I purchased it in 2006. Please note, the approximate
age of the home is 150 years old.
4. Not Alter Local Character
The granting of the use variance will not alter the essential character of the locality nor substantially
impair environmental quality, property values, or public safety or welfare in the vicinity.
The
primary
reason
for the
variance is
to
enable
the
would
be purchaser
to secure a
loan
to
buy
the residence.
There are no changes
to the
property
in any way
that
deviate
from when
originally
5. Consistent with Comprehensive an
The granting of the use variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their
adoption.
As the home wasput up for sale, I was unaware, nor made aware at the time of purchase in 2006,
it noncompliant.
FORME Page 2 of 2
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