McHenry Times

McHenry County Zoning Board of Appeals and Hearing Officer met May 10.

Here is the minutes provided by the Board:

1. Petitioner

Jose and Rose Michel

2. Request:

Renewal of Conditional Use Permit #07-89 to allow for tours of the structure, bed and breakfast, seasonal events open to the public, and rental of facility for private functions.

3. Location And Size Of Property In Question:

The subject property consists of approximately 2.9 acres and is located 400 feet south of the intersection of Illinois Route 23 and Marengo Road, in Dunham Township. Common address: 4504 Illinois Route 23, Harvard, Illinois.

4. Date And Time Of Hearing And Voting Meeting

May 10, 2018 @ 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 A

6. Present At Hearing:

A. ZBA Members: David Stone, Vice Chairman, Charles Eldredge, Elizabeth Scherer, Vicki Gartner, Linnea Kooistra, Matthew Hansel, Scott Jacobson

B. Witnesses: Rose Michel, Jose Michel

C. Attorney: None

D. Public: Kim Kolner - County Staff, Sharon Button, Patricia Kennedy

7. Items Of Evidence:

None

8. Summary Of Testimony At Hearing

Vice Chairman Stone called the meeting to order and explained that the Petitioners were before the Board requesting Renewal of Conditional Use Permit #07-89 to allow for tours of the structure, bed and breakfast, seasonal events open to the public, and rental of facility for private functions. Staff pointed out an error in the Staff Report, which includes the entire parcel as the subject property, but clarified that it should be limited to the zoning lot which was legally described in the Petition and which was identical to the previous Conditional Use area.

Rose Michel explained that they plan to operate the business the same as it has been without any changes, although they do hope to construct a small addition in the future. She noted that there were plans to construct a larger addition ten years ago, but it was not built. Ms. Michel stated that all operations on site take place indoors. She described the business, indicating that they operate a bed and breakfast, small parties, and tour groups, as well as four fairs open to the public each year. She noted that she may considering lowering that number, as they would like to keep the operation small and it is a lot of work.

Scott Jacobson asked about the maximum capacity for the bed and breakfast. Ms. Michel stated that there are three bedrooms, and if they were much larger they would be considered a hotel, so they intend to keep it a bed and breakfast. Mr. Jacobson stated that he was concerned about a letter received from Dunham Township, in which they indicate there was a lengthy discussion with the Board of Trustees, and they believe the Petitioners want to add to the site plan. He recommended the Petitioners get in touch with the Township to clarify their intentions.

Staff noted that the Site Plan has been approved by the Site Plan Review Committee. Staff noted that other County Staff had been out to the site and confirmed the Bed and Breakfast to be in compliance regarding the number of guest rooms, commercial regulations, and septic requirements. They also pointed out that there have been no complaints or violations on the property. Staff had no objections to the request continuing under appropriate conditions.

Sharon Button, who lives adjacent to the subject property, stated that she was glad to hear there would not be expansion of the business. She noted that some people have used her driveway to get a better view of the subject property.

Patricia Kennedy, of 20712 Streit Road, stated that questions from the Township arose because of mentions made in the Staff Report regarding changes from the original operation. She noted that they have not heard of any complaints over the ten years of the Conditional Use, but chose to stand neutral on the Petition due to their lack of information. Ms. Kennedy expects that the Township would have had a positive stance with the information now provided.

Ms. Michel addressed the Approval Standards for Conditional Use, noting that the use does not generate enough traffic to be a problem and it is compatible with existing and future development in the area.

9. Soil And Water Conservation District Report

For further information refer to report number: L18-014-4120

10. Illinois Department Of Natural Resources

The consultation was not required for this petition.

11. Summary Of Voting Meeting Discussion

Vice Chairman Stone called the meeting to order immediately following the hearing and stated that there were proposed conditions:

1) The Conditional Use shall expire ten years from the date of approval by the McHenry County Board, or sooner as outlined by Section 5.4.H (Expiration of approved Conditional Use Permits) of the Unified Development Ordinance.

2) Site development of the property in question shall be in substantial conformance with the site plan submitted and approved by the Site Plan Review Committee.

3) Paid tours of the structure shall be by appointment only.

4) Public events shall be restricted to four per year.

5) Public events or facility rental activities shall be conducted only within the structure.

6) Food shall be prepared and served in accordance with the McHenry County Health Department regulations.

7) All other federal, state and local laws shall be met.

Matthew Hansel made a motion to amend Condition #1 to 20 years. Elizabeth Scherer seconded the motion. Mr. Hansel pointed out that this is a substantial investment for the Petitioners, and they have had no problems with the operation in the past ten years. He noted that it is an economic generator for the County and for Harvard. Mr. Hansel stated that the property is in a good location, and it is a good utilization of the site. Ms. Scherer stated that she would like to see a limit of 15 years, due to concerns over someone else taking ownership in that time. Ms. Michel mentioned that 20 years would be reasonable to them. The motion carried.

Mr. Hansel made a motion to approve the proposed conditions, as amended. Charles Eldredge seconded the motion. The Board voted 7-0 to approve the conditions.

Mr. Eldredge made a motion to recommend approval of the request, subject to the approved conditions. Mr. Hansel seconded the motion. Mr. Eldredge stated that all of the Standards had been met, and the operation has continued for ten years without any problems. Mr. Hansel stated that he supports the petition, and the other Board members agreed.

12. Facts That Support Recommending Approval Of The Request

1.) The Approval Standards for Conditional Use, listed in Section 5.4.E of the McHenry County Unified Development Ordinance have been met to the satisfaction of the Zoning Board of Appeals members.

2.) There business has been operating for 10 years without complaints from neighbors.

13. Facts That Support Recommending Denial Of The Request

None

14. Motion

Made by Charles Eldredge, seconded by Matthew Hansel to recommend approval of the request for Renewal of Conditional Use Permit #07-89 to allow for tours of the structure, bed and breakfast, seasonal events open to the public, and rental of facility for private functions, subject to the following conditions:

1) The Conditional Use shall expire twenty (20) years from the date of approval by the McHenry County Board, or sooner as outlined by Section 5.4.H (Expiration of approved Conditional Use Permits) of the Unified Development Ordinance.

2) Site development of the property in question shall be in substantial conformance with the site plan submitted and approved by the Site Plan Review Committee.

3) Paid tours of the structure shall be by appointment only.

4) Public events shall be restricted to four per year.

5) Public events or facility rental activities shall be conducted only within the structure.

6) Food shall be prepared and served in accordance with the McHenry County Health Department regulations.

7) All other federal, state and local laws shall be met.

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

Scott Jacobson- Aye

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=3957&Inline=True