McHenry Times

McHenry County Zoning Board of Appeals met Thursday, Jan. 19.

Here are the minutes as provided by McHenry County:

MCHENRY COUNTY

ZONING BOARD OF APPEALS MINUTES

JANUARY 19, 2017

Zoning Hearing Conference Room C 1:30 PM

667 Ware Rd., Woodstock, IL 60098

ZONING BOARD OF APPEALS REPORT TO THE MCHENRY COUNTY BOARD - #2016-036

1. PETITIONER

Daniel S. Powers, as Trustee of the Lillian M. Powers Family Limited Partnership and Chicago Title Land Trust Company as Trustee under Trust Agreement dated October 17, 2008, and known as Trust No. 8002351915

2. REQUEST:

Reclassification from the A-1 Agriculture District with a Variation to the B-3 General Business District and removal of the existing Use Variation #863.

3. LOCATION AND SIZE OF PROPERTY IN QUESTION:

The subject property consists of approximately 5.63 acres and is located approximately 2,000 feet east of the intersection of Ridgefield Road and US Route 14. Common address: 8733 Ridgefield Road, Crystal Lake, Illinois.

4. DATE AND TIME OF HEARING AND VOTING MEETING

January 19, 2017 @ 1:30 PM

5. LOCATION OF HEARING AND VOTING MEETING:

McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, Illinois, 60098, Administration Building, 667 Ware Road, Conference Room C

6. PRESENT AT HEARING:

A. ZBA Members: Richard Kelly, Jr., Charles Eldredge, Vicki Gartner, Matthew Hansel, Kurt Schnable (not a voting member on this Petition), Elizabeth Scherer, David Stone, Linnea Kooistra

B. Witnesses: Daniel S. Powers, Samantha Powers

C. Attorney: None

D. Public: Kim Kolner - County Staff, Thomas Dougherty

7. ITEMS OF EVIDENCE:

None

8. SUMMARY OF TESTIMONY AT HEARING

Chairman Kelly called the meeting to order and explained that the Petitioners were before the Board requesting reclassification from the A-1 Agriculture District with a Variation to the B-3 General Business District and removal of the existing Use Variation #863.

Daniel Powers stated that his family has owned the subject property since 1959, and previously operated a business on site. That business ceased in 2003, and at that time, a horticulture company, Care of Trees, occupied the property. That company still occupies the site, along with an overhead garage door repair business. Mr. Powers noted that there are no retail sales on site for either of the businesses. He explained that there are two buildings on site utilized by the tenant companies, and the Petitioners with to bring the property into compliance with the requested zoning change.

Mr. Powers explained that there is business zoning across the street from the subject property, and surrounding uses include a wholesale lumberyard, Seegers Grain, and an architectural business. Staff noted that the property is adjacent to the City of Crystal Lake on two sides, and they had been in touch with their planning department with regards to the zoning classifications within their jurisdiction. The City indicated that there is "O" Office zoning in one direction, and "M" Manufacturing zoning in the other direction.

Matthew Hansel explained that none of the structures on the property have been commercially permitted. Mr. Powers mentioned that he is aware of the required permits, although he has not had discussions with the building department about the possible need for sprinklers or other specific commercial regulations.

Staff noted that there is an open violation on the property for the operation of a landscape business and offsite service business. They explained that, if the tree service business were operating alone on the site, the Petitioners would have been able to request a landscape business. However, with the addition of the garage door repair company, the Petitioners opted to request B-3 zoning, as both of these uses would be permitted by right in that District. In addition to the commercial permits mentioned, Staff also pointed out that any required parking would need to be paved, including driveway access, and outside storage would need to comply with the requirements outlined in Section 14.5 of the Unified Development Ordinance, such as screening.

Mr. Powers addressed the Approval Standards for Map Amendment, noting that there is more of a trend toward business in the area than toward agriculture. Staff indicated that there was a Use Variation granted to a business on the property around the 1950s that is no longer in operation. The use of the buildings on site have not been consistent with the Use Variation, which caused a violation. Staff noted that the reclassification to B-3 would be consistent with the trend in the area and with the County's Land Use Plan designation of mixed use. They had no objection to the proposed reclassification, but noted that the property is located within a Sensitive Aquifer Recharge Area (SARA), with a large portion of the property covered with gravel. Linnea Kooistra asked whether property being in a SARA area would affect requirements by the City of Crystal Lake, due to their planned unit development designation in the area. Staff indicated that they may, as the Crystal Lake watershed would likely have more restrictive regulations than their SARA requirements. They noted that the Crystal Lake watershed keeps Crystal Lake to the water levels that it has, so there is more concern of development in that watershed and making sure that it doesn't impact the lake. However, Staff pointed out that there is no ability for the City to enforce the regulations of the watershed outside of the city limits, so the property would need to be annexed if they wanted to regulate it.

9. SOIL AND WATER CONSERVATION DISTRICT REPORT

For further information refer to report number: L16-044-4037

10. ILLINOIS DEPARTMENT OF NATURAL RESOURCES

The consultation was not required for this petition.

11. SUMMARY OF VOTING MEETING DISCUSSION

Chairman Kelly called the meeting to order immediately following the hearing. Charles Eldredge made a motion to recommend approval of the request. David Stone seconded the motion. Mr. Eldredge stated that the subject property has had a business use for more than 50 years. He noted that the property is very near to a substantial industrial area, and the trend in the area is mixed use, industrial, and business, other than a small residential area that was the unincorporated village of Ridgefield. Mr. Eldredge indicated that he was in favor of the Petition. Matthew Hansel agreed and noted that it is a good idea to encourage business and industrial zoning in McHenry County, especially when contiguous to municipalities, as it helps to expand the commercial and business tax base. He was in favor of the request. The other Board members agreed that the proposed zoning is consistent with surrounding uses and were also in favor of the request.

12. FACTS THAT SUPPORT RECOMMENDING APPROVAL OF THE REQUEST

1.) The Approval Standards for Map Amendment, listed in Section 5.1.E.1 of the McHenry County Unified Development Ordinance have been met to the satisfaction of the Zoning Board of Appeals members.

2.) There has been business use on the property for more than 50 years.

3.) The trend in the area is toward commercial use.

13. FACTS THAT SUPPORT RECOMMENDING DENIAL OF THE REQUEST

None

14. MOTION

Made by Charles Eldredge, seconded by David Stone to recommend approval of the request for reclassification from the A-1 Agriculture District with a Variation to the B-3 General Business District and removal of the existing Use Variation #863.

15. VOTE

7 - AYES; 0 - NAYS; 0 - ABSTAIN

Matthew Hansel - Aye Elizabeth Scherer - Aye Linnea Kooistra - Aye David Stone - Aye Vicki Gartner - Aye Charles Eldredge - Aye Richard Kelly - Aye

GOES TO COUNTY BOARD WITH ZBA RECOMMENDATION FOR APPROVAL