HomeMy WebLinkAboutPacket - 05/19/2019 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, May 15, 2019
TIME: 7:30 p.m.
PLACE: McHenry Municipal Center
(Council Chambers)
333 South Green Street, McHenry, IL 60050
AGENDA
1. Call to Order
2. Pledse of Aller;iance
3. Roll Call
4. Public Input — (five minutes total on non -agenda items only)
S. Consideration of Approval of Meetinf; Minutes: April 17, 2019 Regular Meeting
6. Z-947 Public Hearing — Conditional Use Permit to allow an indoor amusement
establishment to operate a raffle which would benefit the McHenry County Youth
Sports Association (MCYSA) in McHenry Market Place
Applicant: Wolfs Comprehensive Services, 1 Gillingham Court, Algonquin, IL 60102;
The owner of the subject property is Heidner Properties, Inc. 4310 4400 McHenry Plaza
LLC, 5277 Trillium Blvd., Hoffman Estates, IL 60192
Requested Action: Conditional Use Permit to allow an indoor amusement
establishment to operate a raffle which would benefit the McHenry County Youth
Sports Association (MCYSA).
Location of Subject Property: The Subject property is located west of Oak Drive and
north of Elm Street in the shopping center commonly known as McHenry Market Place
and the unit within the center is 4314(A) W Elm Street.
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality ojprograms and services in acustomer-oriented, efficient and fiscally responsible manner.
Z-948 Public Hearing — Variances from the City of McHenry Zoning Ordinance Table 20
to allow an accessory structure greater than 1,000 square feet in floor area; Variance
from the required minimum rear yard building setback for an accessory structure;
Variance from the required minimum setback from existing principal and other
accessory structures and any other variances required to allow the applicant to
construct a garage addition at 1207 N. Park Street
Applicant: Gary E. Tonyan, 1207 N Park Street, McHenry, IL 60050
Requested Action: Variances from the City of McHenry Zoning Ordinance Table 20 to
aHow an accessory structure greater than 1,000 square feet in floor area; Variance from
the required minimum rear yard building setback for an accessory structure; Variance
from the required minimum setback from existing principal and other accessory
structures and any other variances required to allow the applicant to construct a garage
addition in conformance with the public hearing application.
Location of Subiect Property: The subject property is located at 1207 N Park Street and
is located at the northwest corner of Park Street and Venice Avenue.
8. Z-949 -Preliminary and Final Plat of Subdivision 15t Amendment to Heidner Properties
Subdivision
Applicant: Thornton LLC, 2600 James Thornton Way, Louisville, KY 40223
Requested Action: Preliminary and Final Plat of Subdivision 15� Amendment to Heidner
Properties Subdivision.
Location of
Subiect
Property:
The subject property is located at the northwest corner
of Chapel Hill Road
and
Illinois
Route 120.
9. Staff Report: Next Meeting Date: June 19, 2019 at 7:30 p.m.
10. Adjourn
Posted: May 9, 2019
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with [he highest
quality of programs and services in a customer -oriented, efficient and fiscally responsible manner.
City of McHenry
Planning and Zoning Commission Minutes
April 17, 2019
Chairman Strach called the April 17, 2019 regularly scheduled meeting of the City of McHemy
Planning and Zoning Commission to order at 7:31 p.m. In attendance were the following: Doherty,
Gurda, Miller, Sobotta, Strach, and Walsh. Absent: Thacker. Also in attendance were: Director
of Economic Development Martin, City Attorney Cahill, and Economic Development Coordinator
Wolf.
Chairman Strach opened the public portion of the meeting at 7:31 p.m, There was nobody in
attendance who wished to address the Commission with public comment. Chairman Strach closed
the public comment portion of the meeting at 7:32 p.m.
Commissioner Strach recognized Commissioner Miller for her service to the Commission noting
her recent election as Alderwoman to Ward 7.
Approval of Minutes
Motion by Miller seconded by Walsh to approve the March 20, 2019 Regular Meeting minutes
of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Doherty, Gurda, Strach, Walsh, and Miller.
Voting Nay: None.
Not Voting: None.
Abstaining: Sobotta.
Absent: Thacker.
Motion canied 5-0.
Public Hearing: DN N DIRTY LLC
File No. Z-945
4564 Bull Valley Road
Conditional use permit to allow outside storage of vehicles
in conjunction with a towing operation
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No. Z-945 an
application for a conditional use permit to allow outside storage of vehicles in conjunction with a
towing operation for the property located at 4564 Bull Valley Road.
Chairman Strach stated Notice of the Public Heating was published in the Northwest Herald on
March 26, 2019. 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
Krzysztof Lenart,
1524 River
Terrace Dr. Johnsburg IL 60051 and Brandon
Lenart, of the
same
address, who were
sworn in by
Chairman Strach. Krzysztof Lenart stated they
Planning and Zoning Commission
April 17, 2019
Page 2
are seeking to establish a tow yard in McHenry at 4564 Bull Valley Road with outside storage.
They currently tow for McHenry County Sheriffs Department and would like to establish a
relationship for towing with the McHenry Police Department. They need to get approval for
storing vehicles outside in conjunction with a small towing office that will be operated out of one
of the buildings at 4564 Bull Valley Road. Mr. Lenart further stated they will not operate as a
junk yard or repair shop but will strictly be doing towing.
Director of Economic Development stated in 2017 the owner of the subject property received a
conditional use permit for the outside storage of recreational vehicles and boats in conjunction
with a contractor's office. The current applicant is requesting a conditional use permit to allow
outside storage of vehicles in conjunction with a towing operation at 4564 Bull Valley Road.
A conditional use permit is required for outside storage associated with any permitted or
conditional use allowed in the I-1 Industrial zoning district. In this case, the applicant is proposing
an office and outdoor storage of vehicles, other than just recreational vehicles and boats. The
proposed location of the outdoor storage is far from view of Bull Valley Road and is unlikely to
detract from the surrounding area. All of the surrounding properties are zoned industrial with the
exception of Northwestern-Centegra Hospital south of Bull Valley Road,
Director Martin stated Staff is aware there are long-range plans for this general area included in
the comprehensive plan, which go beyond the scope of this proposal. With the hospital being
across the road and vacant land to the north, west, and east, there are many development and
redevelopment alternatives possible in the future. The time limitation placed on the previous
conditional use permit was in anticipation of redevelopment of this property along with the
surrounding properties, potentially, for commercial and/or residential uses. This has not come to
fruition as of yet.
Staff is not proposing a time limitation associated with the approval of the applicant's request.
Economic conditions remain uncertain and staff believes a time constraint would be unfair and the
property may remain vacant indefinitely. Staff believes the proposed use will provide benefits to
the City including an additional viable business locating in the City of McHenry; Cleaning and
removal of trash and debris on subject property, as well as ongoing maintenance; and potential
increase in assessed valuation, along with surrounding properties, which may at some point
encourage developers to assess development/redevelopment options.
Unless a new business locates on the subject property, staff believes the area will remain stagnant
and an eyesore. The applicant owns a significant piece of property and in the future this could
play a key role in redevelopment of this area. Due to the isolated location of the site the greater
portion of the property is not visible to the public.
Future roadway improvements are planned along Bull Valley Road west of Illinois Route 31 at
some point in the future, including consolidation of access points and roadway widening, which
will alter the dynamics of the area. At that time, it may be more plausible for new
development/redevelopment to occur. Staff does not believe that this area will necessarily remain
industrial in nature but at the salve time does not want to prevent a viable business from locating
there.
Planning and Zoning Commission
April 17, 2019
Page 3
Director of Economic Development Martin stated Staff recommends approval of a conditional use
permit to allow the outdoor storage of vehicles on the subject property, in conjunction with a
towing operation subject to the conditions presented and Staff believes that the criteria in table 31
of the zoning ordinance have been met.
Chairman Strach invited questions and/or comments fiom the Commission.
Commissioner Gmda recused himself from the hearing.
Commissioner Walsh asked what type of security will be in place for the tow yard. Mr. Lenart
stated there are gates and chain link fence as well as cameras.
Mr. Brian Blanchard, 6008 Tomlinson Dr., McHenry, IL was sworn in by Chairman Strach. Mr.
Blanchard stated he is the property owner and he confirmed there are already cameras on the
property. In response to a question posed by the commission, Mr. Blanchard stated there is gas in
the boats at times but the majority of the time they are stored they are winterized and have no gas
in them. In the summer there will be some RV's and other recreational vehicles stored that may
have gas in them but they are kept clean and monitored for leakage.
Commissioner Miller inquired what type of vehicles will be stored. Mi. Lenart responded it is
mostly crash cars and cars to be impounded. In response to Commissioner Miller's concern about
the vehicles leaking on the property, Mr. Lenart added they use oil dry and fabrics to absorb all
leaking liquids.
Commissioner Sobotta asked what the typical length of time is for vehicle storage. Mr. Brandon
Lenart stated it depends upon the vehicle but should never be longer than 34 months. Mr.
Krzysztof Lenart stated it is typically no longer than 30 days.
Chairman Strach opened the floor to questions and comments fiom the audience. There was
nobody in attendance who wished to address the Commission regarding this matter.
Chairman Strach closed the public comment portion of the hearing 7:42 pm.
Motion by Doherty seconded by Miller to recommend to the City Council with regard to File No.
Z-945 an application for a conditional use permit to allow outside storage of vehicles in
conjunction with a towing operation for the property located at 4564 Bull Valley Road, subject to
the following conditions, as presented:
1. The property shall be cleared of all debris, including any inoperable vehicles, trailers, etc.
and anything uruelated to the request being considered;
2. The property keeps a neat and orderly appearance;
3. Boats and recreational vehicles must be stored in one area of property -not all over the
property.
4. Vehicles must be stored in the area indicated on the site plan;
Planning and Zoning Commission
April 17, 2019
Page 4
5. Applicant work with City Staff in locating signage for business off of Bull Valley Road,
not impeding access or site lines to other businesses, customers or vehicles traversing the
roadway;
6. Provide minimal security lighting/cameras on -site.
And Staff finds that the cr terra in table 31 of the zoning ordinance have been met.
Voting Aye: Doherty, Miller, SObotta, Strach, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 5-0
Chairman Strach closed the Public Hearing regarding File No.Z-945 at 7:45 pm.
Public Hearing: Ryan McTague, MCHS District #156
File No. Z-946
4724 W Crystal Lake Road
Conditional Use Permit for an Assembly Use: Variance to the Maximum Building
Height permitted; Variance to eliminate parking lot landscape islands; and
Variance to allow an additional accessory structure (salt dome)
Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No. Z-946 an
application for a conditional use permit to allow outside storage of vehicles in conjunction with a
towing operation for the property located at 4564 Bull Valley Road.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
March 31, 2019. 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:. Tom Rychlik, Engineer, Gewalt Hamilton Associates, 625 Forest Edge Dr.
Vernon Hills, IL 60061; Don Dixon, Engineer, Gewalt Hamilton Associates, 625 Forest Edge Dr.
Vernon Hills, IL 60061 and Todd Woolever, Architect, Wold Architects, 110 N. Brockway Suite
220, Palatine, Illinois 60067, who were sworn in by Chairman Strach.
Mr. Rychlik stated they are representing McHemq High School District #156 in their request to
revise their conditional use and due to the passing of a recent referendum, obtain permission for
variances in order to begin construction on improved parking and grounds facilities and an addition
to the building at West Campus. Renderings were displayed and the public was invited to view
them. They explained their detailed drawings and the need for more parking due to the increase
in the student and teacher population at this building after the construction is complete. They will
move some of the tennis courts in order to add additional parking areas while allowing the tennis
Planning and Zoning Commission
April 17, 2019
Page 5
courts
to
help act as a partial buffer
to the homes to the
south from the parking traffic. They also
intend
to
make improvements to the
detention system on the property.
Director of Economic Development stated the applicant is proposing to construct a 64,000 square -
foot addition to the existing West Campus High School. The West Campus School will become a
sophomore thru senior campus and the East Campus High School will become a freshmen campus.
Additionally, the parking lot will be expanded on the south side of the school and at buildout the
total number of spaces will be 874 spaces, an increase of 224 spaces to accommodate students and
teachers from East Campus. Director Martin stated the applicant is seeking the following:
• Conditional Use Permit for an Assembly Use
• Variance to the Maximum Building Height permitted
• Variance to eliminate parking lot landscape islands
• Variance to allow an additional accessory structure (salt dome)
In regard to the Conditional Use Permit for an Assembly Use, the property is currently zoned
residential and is surrounded on three sides primarily by residential land uses. To the cast is a
mixture of residential and commercial land uses. Staff believes the use is appropriate for this
location. The proposed development includes an addition on the north side of the school including
a Science, Technology and Manufacturing Center. The proposed addition will eventually serve
2,000 students from East and West Campuses. The freshmen students will be attending East
Campus. The parking will be expanded to accommodate 874 vehicles, include renovations to the
tennis courts and eliminate the need for trailers as classrooms.
A traffic analysis was completed. Similar to the haffic study review completed by HR Green, staff
believes there should be alternative parking lot access points and circulation patterns considered
for the site to efficiently move car and bus traffic to and from the site and to prevent queuing onto
adjacent roadways. Director Martin stated this would be done as part of a collaborative effort
between McHenry District 156 and the City, particularly the police department. Director Martin
further stated while a traffic signal is not warranted at this time one should potentially be planned
for the long term-2030 for the safe movement of vehicles in the future as traffic volumes increase.
Director Martin stated the applicant is seeking a variance to exceed the maximum height limitation,
from 35 feet to 45 feet. Staff is not concerned with this variance. The proposed addition is
approximately 125 feet from Crystal Lake Road and over 350 feet from the closest residence to
the northwest.
The applicant is also seeking a variance to eliminate the parking lot landscape islands. To the
north of the building landscape islands are proposed on the ends of the parking rows, on the south
no parking lot islands are proposed. However the applicant is proposing a center landscape strip
between the existing parking lot and the expansion with a sidewalk from the tennis courts to the
building. Again, staff does not have a problem with this variance request, as the applicant is limited
Planning and Zoning Commission
April 17, 2019
Page 6
in space and trying to maximize parking. Additionally, there is effort being made to do some
improvements within the parking areas.
In addition, the applicant is seeking a variance to construct a salt storage shed to the west of the
existing maintenance building. The building is approximately 1,750 square feet and will allow the
school district to store a sufficient volume of salt onsite for use throughout the winter. All
residential zoning districts are restricted to a maximum of two accessory buildings, and several
currently exist on the subject property; therefore a variance is required to address this as well.
Staff supports this variance. This is a very unique situation and property. The property was
acquired many decades ago and has existed and been used for sporting events for numerous years.
A complex of this size requires many types and sizes of accessory buildings and structures in order
to optimize the functionality of the site, in terms of accommodating multiple events throughout
the year.
None of the circumstances creating the need for the requested variances were caused by or a direct
result of any action taken by the applicant and denial of the requested variances would certainly
create an undue hardship/burden on the property owner and essentially render the property useless
as a public sporting complex/venue. Finally, the variances are consistent with the comprehensive
plan.
Director of Economic Development Martin stated Staff recommends approval of a Conditional
Use Permit to allow an Assembly Use and all Variances with all conditions as presented.
Chairman Strach invited questions and/or comments fiom the Commission.
Commissioner Doherty asked for clarification on the location of the tennis courts and new parking
area. Mr. Rychlik explained the rebuilding of the courts and stated the new parking lot will be
located at the same grade as the existing parking lot, as an extension of it.
Commissioner Miller asked for clarification that the sports practice fields will remain as is. Mr.
Rychlik stated there will be no further improvements on the sports fields but they will add a
walking path and trees.
Commissioner Walsh stated a concern with the lighting of the new tennis courts to the south closer
to the residences. Mr. Rychlik stated only 4 or 5 of the tennis courts to the south will be lit and
they are using led lights and will only be the courts located furthest away from the homes.
Commissioner Walsh asked stated he would like to see time limits imposed on the hours the courts
are lit. The applicants agreed to lighting time limits being imposed.
Commissioner Walsh and Commissioner Gurda both stated concerns with the increase in traffic
on Crystal Lake Road due to the increase in student population going up by 224. Commissioner
Walsh was particularly concerned about the exit and entrances during peak hours. Both
Commissioners Walsh and Gurda opined a traffic light will be needed eventually. Commissioner
Strach stated there is a condition on the request which requires further discussion on the traffic
concerns due to the increased student population. Mr. Rychlik stated the traffic study reflects a
Planning and Zoning Commission
April 17, 2019
Page 7
traffic light is not warranted at this time but there are several suggestions they are looking into to
ease the traffic flow such as modifying signal times on traffic signals located to the north and the
south of the campus.
Commissioner Walsh asked for clarification on what is being disturbed on the rear side of the
building. Mr. Rychlik stated the bus lane will still be used and the exit road will be renovated but
will remain usable only for bus traffic. He stated there will be no other improvements in the far
rear of the property past the addition.
Chairman Strach opened the floor to questions and comments from the audience and invited
audience to view the elevations and drawings being displayed.
Gail Riddle, 4819 Oakwood Dr. inquired when the construction will start and hours and how
many days of the week construction will be allowed, stating a concern in regard to noise and
construction dirt. Mr. Rychlik stated they hope to start this June but it is hard to determine and
end date. He expects the fields and parking additions to the south will be done during the
summer followed by excavation for the addition. He stated construction should be 5 days a week
unless there are problems and the north parking lot will be renovated last.
Alderman Andy Glab, 5001 Oakwood Dr. stated concerns with ingress and egress. He opined
the school needs a traffic light and uses the time and takes a police officer away for at least 2
hours a day. He further stated there need to be more restrictions on student parking on area
streets and that the chillers are very loud on the building which will continue to be a noise
problem if not addressed. Mr. Rychlik stated the chillers are being replaced. Mr. Glab stated
concerns with drainage on the property dating back 18 years clarifying he is not in favor of the
expansion but acknowledges a referendum passed so he wants to be sure all drainage issues are
fully addressed. Mr. Rychlik provided clarification stating the sewer will be enlarged as needed
based on capacity, the detention basin will be expanded to care for the increased capacity, and
the replacement basin will continue to be a natural planting basin. They are cleaning and fixing
the old basin and putting in a new basin that will address all the drainage issues. Detailed
clarification and explanation on the overflow and drainage was given by Mr. Dixon and Mr.
Rychlik both giving assurance the drainage system design will be done in a way that will not
lead to excessive overflow. Mr. Glab further stated his concern with the tennis court noise and
lighting and agreed with the Commissioners on limiting the time of lighting usage. Mr. Rychlik
stated there will be a buffer also for the residences.
Chairman Strach closed the public comment portion of the hearing at 823 p.m.
Commissioner Sobotta stated he wished to
make a comment as
a resident that he
really suggests
a traffic light
be added, stating he has seen
major concerns as a
resident who has
a student
attending
the
school.
He further stated his
concerns stated as a
commissioner were addressed.
Commissioner Miller stated her major concern is traffic on Crystal Lake Road and she opined a
traffic light if not necessary now but will be needed in the future and that the impact will be
greater than is presently thought. Commissioner Doherty agreed.
Planning and Zoning Commission
April 17, 2019
Page 8
Commissioner Strach stated he has the same traffic concerns but believes there will be reduced
drop offs because freshmen will no longer be at this campus. He opined the police department,
city staff, and school district staff will be able to address the traffic issues and offer alternatives
for ingress and egress. Commissioner Sobotta stated there will be more students driving and
they're less experienced drivers than parents dropping off students and that should be taken into
consideration.
Commissioners Strach and Miller inquired if a study was done on the number of accidents in the
general location of the high school. Ms. Lynn Meads, Senior Transportation Engineer with
GeWalt Hamilton Associates was sworn in and stated the traffic study was thorough and includes
information including that a traffic signal is not warranted until the school reaches capacity
explaining the growth of the student population is stagnant and almost declining. She further
stated they are considering other options to help with the flow such as separating the lot users
and looking for ways to separate parent drop offs which will reduce congestion. Crystal Lake
Road has congestion due to traffic signal lengths on existing traffic signals along the road and
making traffic signal modifications will help. In regard to crashes at the school, page 12 of the
traffic study states that within a 5 year period the south access had 1, the center access had 4, and
the staff access had 11.
Commissioner Gurda asked if traffic on Green Street will increase due to more student drop-offs
being made at East Campus. Commissioner Strach stated the student population will decrease
and student parking will only be for staff which basically eliminates students parking at East
Campus. Commissioner Gurda opined this is a concern that should also be studied and be
addressed and discussed at Council level.
Commissioner Sobotta asked that the city be proactive and address the traffic concerns
aggressively because it has been made clear that it is a concern by all in attendance at this
hearing.
Motion by Miller seconded by Sobotta to recommend to the City Council with regard to File No.
Z-946 an application for a Conditional Use Permit to allow an Assembly Use with the following
conditions, as presented:
• The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton
Associates dated 3l21/19 and consisting of one page, Landscape Rendering prepared by Gewalt
Hamilton Associates dated 3/21/19 and consisting of one page, Traffic Impact and Parking Study
prepared by Gewalt Hamilton Associates dated 3/22/19.
• Alternative points of access and circulation patterns should be discussed between the school
district and the City, particularly the police department, to ensure the safe and efficient movement
of traffic to and from the site especially during peak hours.
• The current parent drop-off/pick-up lane should be reevaluated to ensure adequate stacking is
provided.
Planning and Zoning Commission
April 17, 2019
Page 9
• Modified signal timings on area signals should be considered to reduce congestion and increase
progression along Crystal Lake Road.
• A pedestrian connection from the sidewalk along the west side of Crystal Lake Road in to the
high school is required.
• Vehicular and bus access onto West Oakwood Drive should be considered, northbound only
for vehicles to access the traffic light at Royal Drive.
• The administrative parking lot on the north side of the school should be separated more from
the adjacent driveway so as not to confuse drivers exiting the school.
And Staff finds the requirements set forth in Table 31 have been met.
Voting Aye: Doherty, Gurda, Miller, Sobotta, Strach, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0
Motion by Miller seconded by Sobotta to recommend to the City Council with regard to File No.
Z-946 an application for:
A Variance fiom the Maximum Building Height, from 35' to 45' with the following condition, as
presented:
The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton Associates
dated 3/21/19 and consisting of one page.
And Staff finds the requirements set forth in Table 32 have been met; and
Approval of a Variance from the Landscaping and Screening Ordinance to eliminate parking lot
islands with the following condition, as presented:
The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton Associates
dated 3/21/19 and consisting of one page and Landscape Rendering prepared by Gewalt Hamilton
Associates dated 3/21/19 and consisting of one page;
And Staff finds the requirements set forth in Table 32 have been met; and
Approval of a Variance from the Accessory Uses, Yards & Fences to allow an additional accessory
structure (salt dome) with the following condition, as presented:
Planning and Zoning Commission
April 17, 2019
Page 10
The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton Associates
dated 3/21/19 and consisting of one page;
And Staff finds the requirements set forth in Table 32 have been met.
Voting Aye: Doherty, Gurda, Miller, Sobotta, Strach, and Walsh
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0
Chairman Strach closed the Public Hearing regarding File No. Z-946 at 8:40 p.m.
Staff Report
Director Martin thanked Commissioner Miller for her service on the Commission. He also stated
that the May 15, 2019 regularly scheduled meeting would be held at 7:30 p.m. in the Council
Chambers. Director Martin added that a new zoning map and rough draft of historical
neighborhoods from the comprehensive plan were distributed to be discussed at a future meeting.
Commissioner Miller would like to see a very large map displayed in the council chambers in the
future. She suggested the north wall in City Council Chambers would be a perfect location.
Adjournment
Motion by Miller• seconded by Sobotta to adjourn the meeting at 8:45 p.m.
Voting Aye: Doherty, Gurda, Miller, Sobotta, Strach, and Walsh.
Voting Nay: None,
Not Voting: None.
Abstaining: None.
Absent: Thacker.
Motion carried 6-0. The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Shawn Shach, Chairman
City of McHenry
Planning & Zoning Commission
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-947 CONDITIONAL USE PERMIT TO ALLOW AN
INDOOR AMUSEMENT ESTABLISHMENT TO OPERATE A RAFFLE
WHICH WOULD BENEFIT THE MCHENRY COUNTY YOUTH SPORTS
ASSOCIATION (MCYSA AT 4314A W ELM]
Applicant
Wolfs Comprehensive Services
1 Gillingham Ct.
Algonquin, IL 60102
Requested Action
Conditional use permit to allow an indoor amusement establishment to operate a raffle which
would benefit the Mchenry County Youth Sports Association (MCYSA]
Site Information
Location and Size of Property
The subject property is located in Unit 4314A W Elm in the McHenry Market Place Shopping
Center, which is a 10-acre property
Comprehensive Plan Designation:
Commercial
Existing Zoning and Land Use
The subject property is zoned C-3 Highway Commercial and contains an approximately 4,000
square -foot vacant unit (4314A).
Adjacent Zonine and Land Use
North: I-1 Industrial, Brake Parts
South C-5 Highway Commercial, Commercial and RS-3 Medium -High Density Single -
Family Residential, Whispering Oaks Park
East C-3, Boone Creek Plaza (Jewel)
West: C-5, Commercial and RS-2 Medium Density Residential, Single -Family Residences
Background and Description of Request
The applicant is proposing to lease a space in the McHenry Market Place Shopping Center
(Angelo's) to operate a raffle. The purpose of the raffle is to raise money for the McHenry
Youth Sports Association (MCYSA). A Conditional Use Permit is required for an indoor
amusement in order to conduct a raffle of this kind.
Staff Analysis
The unit which is proposed to be utilized has no direct frontage, other than an entrance door,
to the parking lot like the other units therefore it is more difficult to lease. The unit has been
vacant for ten years. Staff believes the proposed use will be a destination, similar to the VFW,
and draw people to the center. Some may visit other stores some may not. The application
states there will be approximately 75 players per session. While the shopping center is
1
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-947 CONDITIONAL USE PERMIT TO ALLOW AN
INDOOR AMUSEMENT ESTABLISHMENT TO OPERATE A RAFFLE
WHICH WOULD BENEFIT THE MCHENRY COUNTY YOUTH SPORTS
ASSOCIATION (MCYSA AT 4314A W ELM]
technically underparked due to its age staff does not anticipate a parking problem. This center
has plenty of parking available throughout the day.
The original portion of the current McHenry Market Place Shopping Center was constructed 40-
50 years ago and the city's current zoning ordinance was adopted by the City Council in 1986;
therefore, the parking regulations have changed and evolved over the life of the center. An
example is the requirement for restaurants. Since 1986 the restaurant parking requirement
was amended from classifying all restaurants under one parking requirement category to three
different standards depending on the type of restaurant. Since this shopping center was
originally constructed and until the new zoning requirements were established in 1986 the
zoning ordinance almost inevitably changed over the 20-25 year span which passed since
original construction.
As the shopping center sits today, a total of 610 parking spaces would be required by ordinance
but 453 parking spaces actually exist. With Chase Bank approximately 32 additional parking
spaces were lost bringing the total for the center to 421. Additionally, the restaurants require
more parking as well.
However, to further address the parking shortfall in the past the owner of the property agreed
to close the easternmost access of the property onto Elm Street. More parking spaces were
also realized upon this design alteration. Staff is not concerned about the loss of parking and
believes a number of factors over many years have contributed to the development of this
shopping center which also affected parking requirements.
Nonetheless the shopping
center owner needs to remain
cognizant about temporary land uses,
such as Christmas tree lots
and others,
particularly in the
winter, which take up parking spaces.
Staff Recommendation Prior to Public Hearing
Approval of a Conditional Use Permit to allow an indoor amusement, raffle, at 4314A W Elm.
Staff finds the requirements of Table 31, Conditional Use Permits, of the zoning ordinance have
been met.
Attachments
• Location Map
• Application Packet
2
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-947 CONDITIONAL USE PERMIT TO ALLOW AN
INDOOR AMUSEMENT ESTABLISHMENT TO OPERATE A RAFFLE
WHICH WOULD BENEFIT THE MCHENRY COUNTY YOUTH SPORTS
ASSOCIATION (MCYSA AT 4314A W ELM]
LOCATION MAP
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FORM A
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
File Number Z ^ 91l
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
1. Name of Applicant t✓•���5 'GOntpreheesi✓e. Ser°'fe^ Tel ayL" q21"
Address Gt h y k
Fax
City R D 11 g A iA State JGZip /� o l6 L
2. Name of Property Owner [}eiNi161e (�Pre0er' wS In Tel
(If other than Applicant).�
Address T'V 7 7 rr1/lr 64M 41 ✓ Fax
City i>!o'F'fn,a� G s �s%'63 State J�" Zip 6d) 9Z
3. Name of Engineer Tel
(If represented)
Address Fax
4. Name of Attorney
(If represented)
Address
5. Common Address or Location of Prope�4y
6. Requested Actions) (check all that apply)
Zoning Map Amendment (Rezoning)
Conditional Use Permit
_Zoning Variance
Other
State_ Zip_
Tel
Fax
Zoning Variance —Minor #
Zoning Text Amendment
_ Use Variance
*Definition of Minor Variance: A variance granted to the fee owner, contract
purchaser or option holder of asingle-family detached or attached dwelling, or
single-family detached or attached building lot for that dwelling or lot.
FORMA Page 1 of 3
7. Current Use of Property V
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
(- 3
9. Current Zoning Classification and Land Use of Adjoining Properties
North: G/
South:
East: C y3
West:
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1.
Application Fee (amount) $
2.
Narrative Description of Request
X 3.
FORM A — Public Hearing Application
4.
FORM B — Zoning Map Amendment (Rezoning) Application
X5.
FORM C— Conditional Use Application
6.
FORMD—ZoningVarianceApplication
7.
FORM E— Use Variance Application
8.
Proof of Ownership and/or Written Consent from Property
Owner
FORMA Page 2 of 3
11. Disclosure of Interest
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 Paitnershin
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.
Annlicaut 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 Commission, 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.
Signature of Applicant(s)
Print Name and Designation of Applicantls)
r
Page 3 of 3
rORM C Pile Number Z' g 47
CONDITIONAL USL� PCRMIT
Planning and Zoning Commission
City of McHcruy
333 South Green Street a McHeny, I I, G0050 � Tel: (R 15) 363-2170 � Pax: (R 1 S) 363-2173
Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a Conditional Use Permit, 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
I. Traffic
Any adverse impact of types or volumes of traffic now not otherwise typical in the zoning district has
been minimized.
The tenant anticipates little to no deviation from normal traffic volume,
particularly at any peak traffic times. In fact, the tenant expects that the
total attendance will normally be around 75 people, who generally car pool.
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse
environmental effects of a type or degree not characteristic of permitted uses in the zoning district have
been appropriately controlled.
None of these are applicable, in as much as all activities take place indoors,
within a contained area, and the nature of the events are not conducive to
excessive and/or disrespectful noise levels.
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or man-made character of its
surroundings and with permitted uses in the zoning district. 'rite use will not have undue deleterious
effect on the environmental quality, properly values, or neighborhood character existing in the area or
normally associated with permitted uses in the district.
The tenant not only feels that the activity will be in harmony with all of the
surrounding businesses, but in fact, intends to advertise within the space, all
of those businesses, as well as any Village sponsored activities.
PORM C Page] of2
Wolfs Comprehensive Services, Inc. (WCS), is seeking the necessary permits and
permissions for the priviledge of leasing the space located at 4314A West Elm
Street in McHenry, so that we may operate a Raffle which would benefit the
McHenry County Youth Sports Asssociation (MCYSA). The MCYSA was granted a
Raffle License from the Village of McHenry (Raffle License Number 19-R-016) on
March 5, 2019. The space, which has sat unused for approximately ten years,
would be painted and rehabbed, and would accommodate the Raffle players in
the area. WCS expects about 75 players per session, and promises it will be a
good neighbor to all McHenry businesses, as well as a needed benefactor for the
MCYSA.
With this operation, the MCYSA will earn tens of thousands of dollars which will
be used to benefit thousands of youth in the area, and internationally.
In addition, WCS promises to use its new platform to help area businesses and
the Village, advertise at the Raffle Hall, free of charge. Further, WCS expects to
be a sponsor for other McHenry groups, and other events in which the Village of
McHenry takes part.
In conclusion, permitting WCS to operate at the Elm Street location will not only
directly aid the MCYSA, but will also prove to be a business that the Village of
McHenry will be able to depend upon for many years. We humbly ask that you
allow us to operate our business as soon as possible.
Thank you.
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[PLANNING AND ZONING COMMISSION STAFF REPORT Z-948-MINOR
VARIANCES FROM TABLE 20 TO ALLOW AN ACCESSORY STRUCTURE
GREATER THAN 1,000 SQUARE FEET IN FLOOR AREA; VARIANCE FROM THE
REQUIRED MINIMUM REAR YARD BUILDING SETBACK FOR AN ACCESSORY
STRUCTURE; AND A VARIANCE FROM THE REQUIRED MINIMUM SETBACK
FROM EXISTING PRINCIPAL AND ACCESSORY STRUCTURES AT 1207 N PARK
STREET
Applicant
Gary E. Tonyan
1207 N Park Street
McHenry, IL 60050
Requested Action
Variance from Table 20 to allow an accessory structure greater than 1,000 square feet in floor area;
Variance from the required minimum rear yard building setback for an accessory structure; and a
Variance from the required minimum setback from existing principal and accessory structures
Site Information
Location and Size of Property
The subject property is located at 1207 N Park Street, consists of .20 acres, and is situated at the
northwest corner of Park Street and Venice Avenue.
Existing Zoning and Land Use
The subject property is zoned RS-4, High Density Single -Family Residential, developed with a one-story
single-family residence and a 728 square foot -detached garage.
Comprehensive Plan DesiPnation
Low -Density Residential
Core Downtown Sub -Area Plan Designation
Redevelop as one lot in Integrated Design District Zoning, close and vacate Park Street
Adjacent Zoning and Land Use
North: RS-4 High -Density Single -Family Residential, Single, Residence
South: RS-4, Residence
East: RS-4-Residence
West: RS-4, Old City Water Garage
Description of Request
The applicant is seeking three variances to expand an existing detached garage to 1,150 square feet in
order to park a work truck inside the garage. The variances include: a garage exceeding 1,000 square
feet, a rear yard building setback variance and a variance between the principal structure and the
accessory structure.
[PLANNING AND ZONING COMMISSION STAFF REPORT Z-948-MINOR
VARIANCES FROM TABLE 20 TO ALLOW AN ACCESSORY STRUCTURE
GREATER THAN 1,000 SQUARE FEET IN FLOOR AREA; VARIANCE FROM THE
REQUIRED MINIMUM REAR YARD BUILDING SETBACK FOR AN ACCESSORY
STRUCTURE; AND A VARIANCE FROM THE REQUIRED MINIMUM SETBACK
FROM EXISTING PRINCIPAL AND ACCESSORY STRUCTURES AT 1207 N PARK
STREET
Staff Analysis
As previously stated the garage cannot exceed 1,000 square -feet and the applicant is proposing an
addition which would bring the total square footage to 1,150 square feet. The applicant needs the
additional square footage for his work truck. The addition will be flush with the existing garage and not
have any adverse impact on the neighborhood. The addition must be consistent in style in color as the
home due to its size. Further the truck will no longer be parked outdoors. Staff supports the additional
square footage.
The applicant also needs two additional variances, a rear yard setback variance and a variance from the
distance from the existing home. Both of these variances are required regardless of what the applicant
does and are not of any result of any action taken by the applicant. The rear setback variance is
nonconforming currently at 3.5 feet and is required to be 12.5 feet and the setback from the home is
nonconforming currently at 18 feet and is required to be 20 feet. By proposing an addition the applicant
must address these nonconformities as well. Staff has no problem with these variances. The applicant
is not making these nonconformities any more nonconforming.
Staff Recommendation Prior to Public Hearing
Approval of a Variance from Table 20 to allow an accessory structure greater than 1,000 square feet
(1,150 square feet) in floor area; a Variance from the required minimum rear yard building setback for
an accessory structure from 12.5 feet to 3.5 feet; and a Variance from the required minimum setback
from existing principal and accessory structures, from 20 feet to 18 feet.
Staff finds all requirements in Table 32 of the zoning ordinance have been met.
Attachments
• Location Maps
• Application Packet
2
[PLANNING AND ZONING COMMISSION STAFF REPORT Z-948-MINOR
VARIANCES FROM TABLE 20 TO ALLOW AN ACCESSORY STRUCTURE
GREATER THAN 11000 SQUARE FEET IN FLOOR AREA; VARIANCE FROM THE
REQUIRED MINIMUM REAR YARD BUILDING SETBACK FOR AN ACCESSORY
STRUCTURE; AND A VARIANCE FROM THE REQUIRED MINIMUM SETBACK
FROM EXISTING PRINCIPAL AND ACCESSORY STRUCTURES AT 1207 N PARK
STREET
Location Map: 1207 N Park Street
r7'
3
Wm. SONS
AND SONS INC.
GENERAL CONTRACTORS
4/23/2019
Mr. Doug Martin
Planning and Zoning Commission
City of McHenry
RE: Zoning Narrative
Gary E. Tonyan Residence
1207 N. Park Street
1400 South Route 31
McHenry, IL 60050
Phone 815-385-4466
Fax 815=385-8439
w mWmTonvan.com
Gary E. Tonyan would like to add onto his existing residential, detached garage to allow for his
company work truck to fit inside the Garage. The existing garage and Thigh garage door are
currently too low. The truck is just under 8' high. A 12' addition to the south with an 8' high
overhead door would allow his truck to be kept inside. The East and West wall lines will remain
on the same plane as the existing walls, which currently do not meet the Zoning Ordinance.
Gary is seeking Three Minor Zoning Variances as Follows to allow for the addition
to his existing Garage.
1. We request a total Square Foot with Addition for the Garage to be a total of 1,150 Sq. Ft.
The existing is 728 Sq. Ft and the addition would add 368 sq. ft.
2. The Rear Yard distance from the lot line to the existing garage is 3.5' . The addition will
be kept on the same line as the existing, thus requesting a variance for the rear yard
setback.
3. The
distance between the existing
House /Residence and the existing garage
will be
kept
the same at approximately 18
with the same East wall line running to the
South.
All materials and colors used will match the existing Residence and Garage. We have attached
a sketch of the south elevation which is facing Venice Ave, and a survey with Proposed
Addition.
We look forwards to meeting with you and Planning and Zoning to discuss the matter in further
detail.
Qes{�es ully Submitte
Donald C. To an, P sident
Wm. Tonvan/& Sons I
FORM A
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
File Number
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
1. Name of Applicant Gary E. Tonyan Tel 1-815-482-0759
Address 1207 N. Park St. Fax
City: McHenry State IL. Zip 60050
2. Name of Property Owner Tel
(If other than Applicant)
Address Fax
City
3. Name of Engineer
(If represented)
Address
State Zin
City State_ Zip
4. Name of Attorney NA
(If represented)
Address
5. Common Address or Location of Property 1207 N. Park Street
6. Requested Actions) (check all that apply)
Zoning Map Amendment (Rezoning)
Conditional Use Permit
Zoning Variance
Other
FORM A
Tel
Fax
Tel
Fax
XX Zonivg Variauce —Minor
Zoning Text Amendment
Use Variance
Page ] of 4
*Definition of Minor Variance: A variance granted to the fee owner, contract
purchaser or option holder of a single-family detached or attached dwelling, or
single-family detached or attached building lot for that dwelling or lot.
FORMA Page 2 of 4
7. Current Use of Property Personal Residence
8. Cunent Zoning Classification of Properiy, Including Variances or Conditional Uses
9. Current Zoning Classification and Land Use of Adjoining Properties
North:
South:
East:
West:
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1. Application Fee (amount) $ 425.00
2, Narrative Description of Request
3. FORM A — Public Hearing Application
4. FORM B — Zoning Map Amendment (Rezoning) Application
5, FORM C — Conditional Use Application
6, FORM D — Zoning Variance Application
7. FORM E — Use Variance Application
8. Proof of Ownership and/or Written Consent from Property
9. Plat of Survey with Legal Description
10. List of Owners of all Adjoining Properties
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 3 of 4
11. Disclosure of Interest
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 Plarming and
Zoning Commission, 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.
Siarrature of Applicant(ol
Print Name and Designation of Applicants)
Gary E. Tonyan , Home owner /Resident
FORMA Page 4 of 4
FORM D File Number
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
Table 32 oC the City of McHenry Zoning Ordinance provides that in recommending approval or conditional
approval of a 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. Special Circumstances Not Found Elsewhere
Special circumstances exist that are particular to the property for which the variance is sought and that do not
apply generally to other properties in the same zoning district; and these circumstances are not of so general
or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them.
Corner lot with existing garage located close to rear lot line and single family residence
Existing Garage 782 Sa. Ft. Addition 368 Sa. Ft. new total Garage =1 150 Sa Ft
2. Circumstances Relate to Pro�eriy Only
Since a variance will affect the character of its surroundings long after a property changes hands, the special
circumstances referenced herein relate only to the physical character of the land or building(s) for which a
variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business
or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the
personal, business or financial circumstances of such owner or tenant or any other party with interest in the
property.
The Height of the Existing garage is 8' with a 7' high overhead door which is too low for work truck
Rear yard distance is 3.5' Addition would he on same line.
Distance between the House and Existing is 18' +- , with addition on the same line
FORM D Page 1 of 3
3. Not Resulting from Applicant Action
The special circumstances that are the basis for a variance have not resulted from any act of the applicant or
of any other party with interest in the property.
The addition will be on the same line as the existing.
The existing Garage is to low for the Company work truck to fit The addition will allow for an eight
foot high door
4. Unnecessary Hardshi
The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue
hardship upon the applicant, as distinguished from a mere inconvenience.
The zoning ordinance prevents an addition to the garage because of the size, distance from rear yard
and distance to residence.
5. Preserves Rights Conferred by District
A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by
other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other
properties in the district.
The size of the garage and distances from rear yard and residence are similar to other properties in
the zoning district.
6. Necessary for Use of Property
The granting of a variance is necessary not because it will increase the applicant's economic return, although
it may have this effect, but because without a variance the applicant will be deprived of any reasonable use
or enjoyment of the property.
Raise the height of the garage and overhead door to allow for truck access for overnight parking.
Work truck is currently parked outside nights and weekends.
FORM D Page 2 of 3
7. Not Alter Local Character
The granting of a 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.
All construction will be of like materials and colors matching the existing house and existing garage
8. Consistent with Zoning Ordinance and Comprehensive Plan
The granting of the 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.
The addition will be consistent with the Zoning Ordinance and Comprehensive Plan
9, Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment
of the property.
The requested is the minimum to allow the truck to fit and the remaining front elevation look uniform
FORM D Page 3 of 3
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-949 PRELIMINARY AND FINAL PLAT OF
SUBDIVISION 11T AMENDMENT TO HEIDNER PROPERTIES
SUBDIVISION]
Applicant
Thornton LLC, a Delaware Limited Liability Company
2600 James Thornton Way
Louisville, KY 40223
Requested Action
Approval of the Preliminary and Final Plat of Subdivision 111 Amendment to Heidner Properties
Subdivision
Site Information
Location and Size of Property
Northwest corner of Chapel Hill Road and Illinois Route 120, consisting of 7.7 acres
Comprehensive Plan Designation
Commercial
Existing Zoning and Land Use
C-5 Highway Commercial District, Agriculture
Adjacent Zoning and Land Use
North: R1 Residential Unincorporated McHenry County, Residences
South: Al Agriculture Unincorporated McHenry County, Agriculture and C-5 Highway
Commercial, Riverside Chocolate Factory
West: C-5 Highway Commercial, Retail
East: 83V Business Unincorporated McHenry County, Fueling Station
Background
The applicant subdivided the property approximately three years ago into two lots and is
currently seeking to resubdivide the property into three lots.
The preliminary and final plats are being combined due to the relative simplicity of the request.
In accordance with the Subdivision Control and Development Ordinance "The subdivider may
submit a final plat simultaneously with the submission of a preliminary plat if the proposed
subdivision meets all of the following requirements:
A. The proposed
subdivision
contains
three or fewer lots; and
B. The proposed
subdivision
does not
require or create any new public rights -of -way or
easements for access; and
C. The proposed
subdivision
requires
no extensions of public utilities and no new public
facilities; and
D. The proposed
subdivision
does not
include any territory that is located in a Special Flood
1
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-949 PRELIMINARY AND FINAL PLAT OF
SUBDIVISION 1ST AMENDMENT TO HEIDNER PROPERTIES
SUBDIVISION]
Hazard Area, or contain any proposed lots that may be unbuildable because of the nature
of the soils located thereon.
The proposed plat must be considered by the Planning and Zoning Commission at a public
meeting and the Planning and Zoning Commission recommendation is forwarded to the City
Council. Staff has reviewed the plat and it's in substantial conformance with the requirements
set forth in the subdivision control and development ordinance.
Analysis
Attached is the Final Plat of Subdivision for the subject property. The applicant is simply moving
lot lines. Lot 2 remains the same and Lot 1 is being subdivided into two lots. Staff has reviewed
the plat and believes the final plat is in substantial conformance with all city ordinances relating
to a final plat of subdivision and would recommend the Planning and Zoning Commission approve
of the final plat.
Staff Recommendation Prior to Meeting
Staff recommends approval of the Final Plat of Subdivision 111 Amendment to Heidner Properties
Subdivision with the following conditions:
1. Compliance with all revisions and comments pertaining to site engineering by Staff and City
engineer.
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.
Attachments
• Location Map
• Approved Final Plat of Subdivision
• Application Packet
C
May 15, 2019
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Form F Z.9 49
PLAUDEVELOPMENT APPLICATION
City of McHenry
333 Sonth Green Street °McHenry, II, 60050 °Tel: (815) 363-2170 °Fax: (815) 3G3-2173
1. Name of Applicant Thornton LLC, a Delaware Limited Liability Company Tel 502 425-8022
Address 2600 James Thornton Way, Louisville, Kentucky, 40223 Fax
2. Name of Property Owner RR McHenry LLC Tel 630-894-0099
(If other than Applicant)
Address 6277 Trillium Boulevard, Hoffman Estates, IL 60192 Fax
3. Name of Engineer Manhard Consulting, Ltd. Tel 630-925-1216
(Ifrepresented)
Address 700 Springer Drive, Lombard, It. 60148 Fax
4. Name of Attorney NIA Tel
(If represented)
Address Fax
5. Common Address or Location of Property
Northwest corner of Chapel Hill Road and Illinois Route 120
6. Requested Action
Preliminary Plat
Final Plat
Development
Provide a brief description of the Requested Action. For example, indicate the number of lots and the
type of subdivision (single-family, towhhome, commercial, industrial, etc.) or include a description of
the development project:
Three (3) lot resubdivision at the Northwest corner of Chapel Hill Road and Illinois Route 120
for previously approved commercial development.
FORM F Page I of 3
7. Current Use of Property
Vacant
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
C-5
9. Current Zoning Classification and Land Use of Adjoining Properties
North: Unincorporated McHenry County - Residential
South: C-5/ Unincorporated McHenry County - Vacant
East: Unincorporated McHenry County - Gas Station, Farm, Residential, Chocolate Factory
West: C-5 - Retail
] 0. Required Attachments -Please refer to the attached checklist.
11. Disclosure of Interest
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 snake 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
[f 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.
FORM F Page 2 of 3
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 the City process this application in accordance with the codes and ordinances of
the City.
Signature of Applicant(sL
Print Name and Designation of Applicant(s)
Drew Zazofsky -Senior Manager
of Development - Thorntons LLC
FORM F Page 3 of 3
vnnaerstRppen FINAL PLAT OF SUBDIVISION
HEIDNER PROPERTIES SUBDIVISION
PART OF THE SOMMAST QUARTER OF S WROI! 2T AND Tit YORTRPAsr QUARTER OF SICKION 36, ALL DI
TOWNSNTP IS NORTH. RANGES PAST OPTIIE THIRD PRINCIPAL MP.RIDIAN.
ZONED C-5, CITY OF MCHENRY, MCHENRYTONMSHIP
COu "I 11,F—+a "'^nA�°M DNS
go
®R �� \ rm7wOOOD HAWK � NO. 1
Lm `� LOT S2 LOT*,
pi Trroo�D >xaleon roD. sNKoW
I &� \ V
—F-FFw Bunn — — — ±INDEED
�IMIW K — — — +r—.•spy/ - �.`�a'' — h ���i —.
-- --.� --1—---------------- r�— C� ,r.� LOT 26
-----YitlilM-- wauwv
esT
Foo
SVRVrfM ARG
CROSS AREA w S.11 Ss ACRES
NET AREA =7.713xACRC3
\ Lm S1
ti I
Vanderstappen FINAL PLAT OF SUBDIVISION = IJI MT TO�"`
LandSurveying, Inc. Is'AMENDMENT TO HEIDNER 'cam
5
PROPERTIES SUBDIVISION�d. y�
-. iN�'ta) BEING ARFSUDDIVISION OF LOTS I AND 2 IN HEIDNER PROPERTIES SUDDIVISION,A SUBDIVISION OF PARTOF'ru
R-2r7.xr cvav�rzl
a-x7pta' mm'M r«mlDL=44u5h R-D7.2r THE SOUTHEAST QUARTER OF SECFION25 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 s7
ssxt a.MM NORTH, RANCES FAST OFTHE THIRD PRINCIPAL MERIDIAN,
n) e Yi i
a_,l=aw) R 9.ar ZONED C-S, CITY OF MCHENRY, MCHENRY TOWNSHIP e k g
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S96A �/�,d � T , = r21-M76roL/L1y R.7.
R IM R11/4 MCIbM I
LOT 2
IA €
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om F5 _ o ffDtt z I M2 uus I ti
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Is _ 1saasot sun-
it" a629 wo / / '/
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ILLINOIS—
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ROUTE
SURVEYED AREA
AREA =7.713±ACRES
141 ,PAOIC) AT
I N
II A
0'
im
[b
sn,7m: sun
1.512 AtlKS
qaq�
J
�n
Vanderstappen
Land surveying. Inc
p�PDRATE wwH�4 p�Mpp,.,l
$TAM OF YANas )
is
INAKtt tr Vd¢I,iY )
rots 6 to owYly Iswl RR Ytllev% uD Is the Ova of the ImN eeenLes n the plot hrean eon
as rows harem as sabeY.hy that he (Urry) hoe fern) sal eea ease prod to be a..eyea
srb&d staetl and pbttw Orshows harem, for re ,«4sae of hwhI this peal (career
pa✓ded by Are, was to the best a my (u) lnodaags and better the Qtimge of ollaee wet"
" n era ohan9H by Ua emsmretM a ewh a Ahgm he pot blveer. ar. shot R wed wenhe
of wad w wLtwo Into w44cfw��erc &ohs whb, twin oulFhWar bFroole AN hae o rytl i use.. met that
such whom wawa will be pevwd W In wowslmce woh garway owepted w0we in pmlkn
ueme,biiad�em[ the
vrA �wtwef 1((10) oiwro>� setpmyy((") hang bomber"0) oof f �,ato,etea, a
Sad (e) this doh of A0. ]0
STALE OF eWiwS )
SS
mldrc EF YtlEAMY )
L a Notary 4ublk is and for e ki cowls,, In the state arwt q deb
hardy carvy mil persaMy Aran to me to be the
Of oapaenm wM
tow tobe the
cwpwor oumr watl prohiy l w`n to ma to be she orme pwew,a whose names as sAwLed to
the faeg* twlrunml oppawW bebre me this any Is Mom% ma xwray apawaH9H that as
oxh and r: H sad 0.Y:wH the said WLuw,t
sae of tadcorprpaoyrn1w,, and cones the
Lmwparae seal of ease awpwa0m to be ofraae UKeta puwswa la the m1AarAy given by UH
Goad el 0iml«s a sae awpwatbn as tbei oar Fee aM admtwy ML mOl m the vex pse
wlwtay as wall awe a sob cwpmruL W news and purpose; throat set IwUAGn mew my
over era Notmle sea this aaY a AD, gas
s saF uwos )�
IXlM1Y DF YchE16YY) ) 55
Wftwebby
oppeoverl hYeW rewa aFaet wb«erted ie dby revAut[n easy
gvIrH ed thanobwed r Were
d�J Uyl d fef-mt'us we k udla'rat lei
mwrmt bed `n beeey costae m rb�w� that ver
Its
Wm*wAI8 rw.ifH by the regS�atwo d Was pryer (Yo-t.Fse4)
severe ithwml t oA r0o on my bout M_ the city a YQNay.
Dv.
sG rt nwi[rms f �
w%lIr a NdEbpr)) ss
ti,an,% aFwb, bweby wrmy that the Was lrwP1jp.,1s de�nyu:
fexel Outlig a e thap ow we hoop; m,a f ax meet the wnn.m
OaH a Ydlrv% Ndtss'Y Osmh GOY. the
si812lf nahOs ) aeertraicsre
mynT r udlaRY) ) SS
mexat a d""' deb Awry `otors thallto e> beat a � lo.aweedge we al Deferrer � 1
s asyY peel Vest a, tl wWoi dui beaver, rYpsae frcAw h .s
Athbwa balm mode W W Worn n sad dsreln a s,n sAeWe wetn his Phi¢two For see war or draw were the �
Isar a M1wYI b use ad bar eve schwa
be eye.'tH Hpraq Was
eaa. ewmp la De H#,Vp pmrtY eeewe of Y,. maYadkn a u4a
I
C'AAA
FINAL PLAT OF SUBDIVISION
1 sc AMENDMENT TO HEIDNER
PROPERTIES SUBDIVISION
RF.INC A RESUBDIVISION OF LOTS 1 AND 21N HEIUNER PROPF.RTIFS SUBDI VISION, A SUBDI�7SION OF PART OF
THE SOUTHEAST QUARTER OF SECTION 15 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, pAeDNEdD ImDYastohe ebwwTrorra cen,unnTE
ZONED C-5, CITY OF MCHENRY, MCHENRY TOWNSHIP vKh STAM w uKps )
tnc o ar lea vJcvatbn awthe �Moe b hereby other
ate gnn a r Y r)) ss
COVH,YCIVK11 tR COWOrrwmAYOENtwNwie ter
aG1E are,elRC STATE w ouy ) COIOION Tsl EaSEH COAPANT, COmIs l�� ? L soldiersd Yalxstwgs-. m Globe Retes6e+at Lad
The .ApaaH era prates ea raa,.hg &awbee wwe"A
NlH1Y? YdOgY )> iS p usnor w uaaMv) A➢RM " 4aMN�. bmlH �ta,F Ue Li1r of Y>Iwvr. wsslM a
Fi Pat b MrY opwoeH UY AFFVNJJ I NATtX1At. NS WVP/d11'. Lae I at 6 honorer Proportion O,bd'aYm a sxaxrm d pat d the
a b
i6Hs b hvebY or1Uy Ual IMe are m ldegCor yr� Is Iws�wY Leuet% day d A➢, kUN1EE3 i puwtr d Sasths a and hew Northwest Osar d swYb,
�! s � j p tY d Y oven" ass NFU. Rove 4 Beet d the ibtd Prexp! uwlda[ weariless to the
nl Ue eat &AFe. hxnee;eb l Ives W are raswr4le W ya-st M RSlwr dlruy Canty pes ml to deptr 76% Act 1e4 Uw reepwihs &Omesea onOwsoenh vet "SVF% Jar Uy era W reewded JmAury; 3014 a Oaameat Ne. gM m000112M le
�1 aYAwy fen a and Is 04 awashl
she ahw1IH�Ao- coney mot I how f W W • [wrote sbbnx m ewMt w b raolaaY.weu b Robb ay, to wnemock ogwoe, repair, «amok% moSh, i,ucL v� coot% eves
Yea tloIIraw as Chapd Nl Raoi meet ow re to or cam the cooly Hy.ny ratom v*plw"w'L reioeate and rermw, Iran Fme to Use, Oft ,p,Lyy that a teirkOva roaH by Vw err of wes" raatM to
ism wW my hare ut Fear a Uw Comty a lwwb 6,Sa yes H a pkl and shoe be ebb#1 le U,e Ydwry mestY ye, onehor4 v're% coda, omeaON m ltlee 4anefarmws, � wp o have � cwrp a Vm F be papwot'm a 4N pet the
sweaset kit -a- FYmryrrml or s dJrA weer. 6 pert alas plestdi eWIpmmt mbFets w oiM h3lies wash Is eomeclbn y ♦ wee Y area
W _say a 10� An. casheswee m pmN o alvM 6me Ve Dash E F+a d tl overhead eV tndw4aM 4wwnbim and 6e4LolM d eel �t by=6 a Gil r lz �: in rzaF sass we a
Vdlawv t bnIT wb w ar wcoss hstaouac wWaY% awrcauekatMe• w and sly+da h ow, utdrs tbd by Vw Twists Enrpwny t Rae
Naswvy Tan4 poi deehed «m lH M1+_s ( µnosloee 01 the popwlYUu t wtd Y°P Coe.,.a.1y Prow Ne. Iml eh{A` urmwe
emgm' ) plat telpm a e. to atnmuel Pura s/a' m e.
Cash TsgHw mallow ownesl', Wry Eaaranml', pWbc UtTM1Y mpaas9 o1W w.'rrebY�AaN ae!`a rpha ear me
eefftPmwTEm weP6euLAasaesuwta Eawnml', P.U.L'(w smlar deYgnatbm), the proparly des5 %oled N t (rno6 M. ]6RC5 sO5/U aM that U6 woroiy 6
UWi th LandnrNbm wvi/« m thee pal a co mar lowttl wxnF lM LAy d Yelav% ventla
SfArt aE R1DL6 )) SS HxIMVAY,bTe areasaDownie. ma thoOh property iarty H an the pbe pl c scree
era and Ubl wWwry te, Vieth m U,e peal Im streets; Het 1ppataste aemaa Vb 26U dash IX Ywd AO. gMS
WIw,(r w IAea)flY) n wcoMwxe aU Gaimon
ter 605, Ac! 4 secUm 9-1f41 0l Uw Narrow ormcbm and rear sheUr ve a private, le or m silt Uw rdpqhhla to
Twome a V♦ Oty a udlev% Iraq da Coda tt 6 udoYJ f« my person la oars Wet a cox b be ma4uaLH anY Fwla regriM aees(ce emKlgv ow «cater Uw eafaee of cad r✓i. � �`
rY cwufy I e are sotOGeY�n l a twPaH wfrt w WfoTH asdd drok" facfly rem the pupae el delmliwt w retenUm of warty vithin a Ial wA common saw w areas to one Kproaernmb Owrem, w an
6 ersf that how been ep{wDnH epaatl oF twee el 10 feet pgs me ms! was hat tins Its depth of my ardhoge N!JooNel belt oM aom✓non war the right t0 all Lin a y
uw imd of WA r,ed fN F that post. faOAy m) mt to the rghta-way of any pile by say wfhevl Uw when r v 1PPOI IUD 4MFYx� fiL
pumaWn a the hilwdy walaaRy bmng k66etbn oav Ux putdc AYlNwy It trope beoheab reels and xpGge vet to dew abaWeibv
Dales a Ychlsry. YUWnr Punry, mob, tot _eeA a m_ 6 wAawAA b my Preen to wonstrvaL w wvx to b r crostrvclH my ewUnt trash the w khe r wk sargs gheOee m may a righTeat
to MisrHY
War 1316
berm wad that Ue to of such berm u be rarer than 10 feel to Uw Nddaat to Uw dyt6 herat O\wl vt Inc right le ester sum the (45) JJI-N p00SS
CAy irewwr floc -a -way a my We highway vAhout the .Mpoen Isskan of the sabds+eed pepMY W a ,rot paapexa GSWCOma sMl art be
h*" w,Uetdy homen )r Ihs mob the pfi h'ph Fay: probed over (embeei IwHt se w h brew or sew the property wfhn
the dorsal or Ntletl Td (w shave RECOROu,50DmPMATE
deegolbn) marled w1sewort', WAY Eosm,rrn, RAbe Unity
coxiKaV,mxe Emw,tmr, IeU.E'(w rota deYgto0m) without the prior wines STATE OF eletlls ) eaOrnuroxaatcENO CASN _
oP _ convert of (imleea After mtapal)w of my roach fnntka. the SS
Tocm'se0,mrrtf.l[ww9 the Fiat of she UAsw� tern hem EHf IMUE]: grroee a the a bu.Ned property" not N altered n a maanw so a WlE1dlY )
b Ytlbr% asmogif t wA a pwtks who eha 1aseltr ecyes ton Yonkyd UWAY Easement (WE . An coherent fob sees g 1M wo to nlwlwe wNh IM pops operal'm wA matlwmce Uwwt Tote Fs4uwnt HW retard b the RKordwb Office N YrNMy County, ir,eb,
W eve bolds my her dswNd In Ub Pel M be tam at Ire to agree wpA sul1."'m and other paprty with elomsik viler. wwHay w1r ws!
Uw CRy a NOWry. law4 b mFy :.V Vs term m who Ws CWnwd 6 hereby reawnad f« wM gmtal to the aty Of Ntllw% Umb, Uea The 4rm 'Cemitm EkmmLs' a5a Iww the memiq vet rwu fob m Ube _ day a 20� AO.,
ao)•ash N a S uw Y a tho SNve✓ran a vet esiga le 6eto[, opwa15 mdnlare, rdamiS renew and each term 6r the Canem,nlw RepNy
Ych1rr% lob. rpane to Uw mbrrmt of f ss ,w pork rwslbr�Ww l at suwnameba s m4 saes n to hstok weth a ate sir MV,, OT tw 70 e(S 605/z o wnwdH Own time to time. at _ o'awi�N. and rtvwh as DearnessIs
.esdeY �b..os Wt°°"�°na mr�l f"°e' pa0mr�aamr Iwo
u`Hwoph am w ie has ewe «er the prey d Is the C lads aema ter.
_M pare W lb wq pe WAbv% lm>
F wv,xlm o y`DroUs^ W bA&q pe'a4 fielw
pnsl me uterrwrA sever hoe hranta sg»d me sHH e6
Fs I Owe
SYA1F 6 flltdf6 )
W.wltt w NtIESS/)) SS
I awwyaaw�thet m Ue mw,H p a we
e ash eprao,ee ear e. Pea, co+.nbpm a are Fey Nd1wy
.are pa maWwe b a reayau to e. r.p.Iresm6 a e. s,bd✓.tm
ceba udraw a uw ay a uaWn. hPm6
STALE CF llelAS 7 rd
Ss
rnAdtt fl uaxNRY )
farayobs. ss4eat% a Uw NM tsmg! was Yww l Ucc pat of
man wIcfUw thereto, esd other Imde�that may bes9 man � mp the ace of
wed pat o hmng bees aeamtea to the ash of uairr% m to the p# from my and
a mwlgagea vt escmbw.ces of record n own the utdwegied has my oust
Doted U§ say of St.
' ART a51bLT LNT lb
NdIpL4Y Hal SpNIOL aSRdCi UNT 156
YMdY ��v Ir�A4Y 0.51RCT
Y il4E aSiFdCi
Ydtp.9Y POST CFi4E 60WD-g99R
hVNOA i0IN51B
ftwnA h coder. aaoR tlasg, and uPan Me palace of the pothe prly
dwen m (w peal elan the were merles m 1AUYcbd umh
Eaxnml'(YUE) me Uwe hparts
the rightdessAnoted m iM peal o reedcem,
W pea& sbw Las w be the right re sub WA nd m rrtwbe Um,
h M yvat rights
sad Uw right to tom �Y r� p� a to omh
grapes.
Each b,6 Ned entRy be ether party a[cepl'fg We to a w my W of
Uw IAnkEtl Unity Eeeeont (WE) deb eorLshdy o dem,ed to
saf00e a that portion 0 lkhaWUuautl4d Unity Easement whoM 6
bcalH m shoo parlys pap tY so that tt 6 n geed emd'16n fw Xe
eta kdyda but shoe o 6rvttdyt4enthhee ree4dar swelm veo M g
and meim a a boa} No Ulkhtldw a my part a pornm of the
t6m+cVd unity Eaeewwnl (or my D IY wag m behalf a the
UUehoidv) r4
L WIa, crosWcr, matt pow « part my w7einc, sou hirer his
Ue Nle[i4d Or Unity E tim (other
naathm wdlg ose mut� hmilMlte fe)ices.
.a mart
Inox, wptaite « wuswy, es«pt o anasn
C Uler. maefy Or charge n my err the irPewMhy w drwuns of
the IAaaEpas unity Emewnt.
sea easwmis may be uaea fob tobeears art Pohl. Iloerr, the
w«e .sue pwarq >mdUm holl �meS be dmeerHwwH.%uare�oL « popes opera
sRh Uve a+bs osoociwge U s co dM prwwlY aenr was a oraw the
m0/at pa
g restmotLLn mYwAd wahtwarxempletely e a el the �As Irei
the astir of YdWry will of be reepm idle far fepaiitg wtw .races
betwen ve vote men, t0 wW Rdudeg Lbw Wffdo Iwc The property
mer arse/w Uu properly ewes eesecbUm we respo+sble W the
o lmOlbn of the Pufaes after my ewdt saber swJo rep irAwy
unfkv YLmEbime ntlash or the INwlet mesa nt.
barmmwpwatt
wacnU �w wash of tsAk+I b MrnerW lgaw N
� ee 6palH a lr pat x'Sbnwar 1bny-.A [are»s'
raw mlbe W a wA+•+i Km r�U nt M vywaa�i A�
ew ypa�a ®are w Lm.•.rtr walnml [uwrru
The termp'owwtm a veei 6 defend w a bl Fwd w sus
a re �.TO n .ram air we mnwpoeu mesi to Its separately enter
bias, pwmda a worse wilhn the p snwl dsdepmenL awn thvsgh
>xdt be oUw Oise aeYwtaH w the post by tams Pie
'aLbli 'camran e'eswnts"'ream e4oce'..bass
carman grosC.'pwklg', ane 'cavemanwW The
term Yoaunm area or wage and Comm lle'nmia'm fact
prWertY m1ac with bleeiir drinears and wokwys but srludee
ear prepw1Y Mysicdly ocm ihJ by a bol&,4 a Or thinner
D'alkl w abucbs wad as a pool, retemnan pat, m mernmkd
qa¢ nnL
RdomlM el ontrothpasm
baAks of be awe by 0rantees at vest of
trantw/l.ot Omar. ,rem sultan repast.
n�xbwt� � ea°'ww�e p:.'md i i e sal �emswta...
waded A As paragraph
mx6 Vas roYemn
M be rgtrH Cr state
Ye gpwb 4 Ivey an vet s ea kum [ehewAs
Nryb', y0ee GYP£
1,n8 PLAT PNEg FNYEO FOl RECOIgh'O 0T