McHenry Times

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

Here is the minutes provided by the board:

1. PETITIONER

Mixed Media Group Inc., Petitioner; North Shore Holdings, Ltd., Owner of Record

2. REQUEST:

Variation to allow for an Off-Premises Commercial Advertising Sign to be located a minimum of 11 feet from the residential zoning district instead of the minimum 100 feet required from the residential zoning district.

3. LOCATION AND SIZE OF PROPERTY IN QUESTION:

The subject property consists of approximately.77 acres and is located on the west side of South River Road, approximately 500 feet south of the intersection of South River Road and Dowell Road in Nunda Township, Illinois.

4. DATE AND TIME OF HEARING AND VOTING MEETING

January 10, 2019 @ 1:30 PM and February 1, 2019 @ 1:30 PM

5. PRESENT AT HEARING:

A. ZBA Members: Richard Kelly, Jr., David Stone, Charles Eldredge, Vicki Gartner, Linnea Kooistra, Matthew Hansel, Kurt Schnable

B. Witnesses: Ernest J. Varga (McHenry County Division of Transportation)

C. Attorney: None

D. Staff: Kim Kolner, Dennis Sandquist (2/1/19), Scott I. Jacobson (State's Attorney's Office - 2/1/19) E. Public: Steve Weber, Guy Brassart, Jeffrey Young (2/1/19)

6. ITEMS OF EVIDENCE:

None

7. SUMMARY OF TESTIMONY AT HEARING (JANUARY 10, 2019)

Note: The Petition was originally brought in the name of McHenry County Division of Transportation as Petitioner. It was subsequently changed to Mixed Media Group Inc. The hearing was originally scheduled to be heard by the McHenry County Hearing Officer, who deferred it to the Zoning Board of Appeals, due to a conflict of interest with the Petitioner, who is the future tenant of the site.

Chairman Kelly called the meeting to order and explained that the Petitioners were before the Board requesting a Variation to allow for an Off-Premises Commercial Advertising Sign to be located a minimum of 11 feet from the residential zoning district instead of the minimum 100 feet required from the residential zoning district.

Staff noted that the sign in question was removed from the owner's property as a part of a right-of-way taking by McHenry County Division of Transportation for a roundabout, which makes them an interested party in the Petition.

Chairman Kelly asked that the State's Attorney provide an opinion as to how the Division of Transportation may bring a petition as the Petitioner, rather than as the County of McHenry. Vicki Gartner made a motion to have the State's Attorney's Office look over the entities involved and form an opinion on how to proceed. Kurt Schnable seconded the motion. The motion carried.

8. SUMMARY OF TESTIMONY AT HEARING (FEBRUARY 1, 2019)

Note: Prior to the February 1, 2019 continuation, the Petitioner was changed to Mixed Media Group Inc., and revised Notices were sent out by certified mail, as well as being published in the newspaper. The property owner provided written authorization to allow Mixed Media Group Inc. and the McHenry County Division of Transportation to testify on his behalf.

Chairman Kelly called the meeting to order. Jeff Young, Assistant County Engineer for McHenry County Division of Transportation, stated that their division acquired property needed to construct a roundabout, and a sign that was within that area of right-of-way taking had been removed. He noted that the sign was owned by Mixed Media. Mr. Young explained that they worked with Mixed Media to locate a new property for the sign, while compensating them during this process.

Chairman Kelly asked that the State's Attorney's Office be present at the hearing to discuss the McHenry County Division of Transportation having an interest in the Petition. After a recess, Chairman Kelly called the meeting back to order and stated that Scott Jacobson was present from the State's Attorney's Office. Chairman Kelly asked how this particular request is before the Zoning Board and not in the form of an Ordinance before the County Board, due to the County being exempt from their own Ordinance. Scott Jacobson stated that would be true for County-owned property. Mr. Young pointed out that the Petitioner has been changed to Mixed Media and that the Division of Transportation is no longer named in the Petition.

Ernest Varga stated that the previous location of the sign was on property also owned by North Shore Holdings. When considering where to move the sign to, they were unable to utilize the property to the north, as it would not have met separation distance from other signage. The subject property was chosen because it had the B-1 zoning on a portion of it, though the R-1 zoning on the southern portion of the same parcel is what caused the issue requiring a variation. Mr. Varga addressed the Approval Standards for a Variation, noting that it would not be detrimental to surrounding properties, as there is a body of water to the west (while zoned R-1, it cannot be developed), and the Variation is only requested because of the property owner's own property to the south under the same parcel number. If the southern portion of the subject property were not zoned R-1, he mentioned, there is no other developable land within the 100-foot radius of the proposed sign location. He also pointed out that there would be no traffic impairment caused from the proposed sign location.

Staff mentioned that this is a unique request and should be reviewed on its own merit. They noted that the Board should consider whether the Standards have been met, and to recommend approval of the request only if they feel it is a justifiable variance.

9. SOIL AND WATER CONSERVATION DISTRICT REPORT

For further information refer to report number: L18-080-4186

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. David Stone made a motion to recommend approval of the request. Charles Eldredge seconded the motion. Mr. Stone stated that the request meets the Standards and noted that it would be virtually impossible to build on the R-1 zoning adjacent to property that is a channel. Matthew Hansel questioned whether the Petitioner met Section 5.2.F.3 of the Unified Development Ordinance with regard to monetary value. Mr. Eldredge indicated that he agreed with Mr. Stone and pointed out that the County may be saving money in getting the proposed Variation approve, it is collateral to their decision. The other Board members agreed and were in favor of the request, noting that the Petitioner did not cause the situation. Linnea Kooistra asked to propose a condition indicating that the R-1 zoned property to the south, owned by the same property owner, cannot be developed within 100 feet of the sign. Mr. Eldredge seconded the motion. Scott Jacobson noted that this would affect the rights of the owner of the property, who was not present before the Board at this time. Kurt Schnable also pointed out that could take value away from his property. The motion to amend failed.

12. FACTS THAT SUPPORT RECOMMENDING APPROVAL OF THE REQUEST

1.) The Approval Standards for Variation, listed in Section 5.2.F of the McHenry County Unified Development Ordinance have been met to the satisfaction of the Zoning Board of Appeals members.

2.) The McHenry County Division of Transportation acquired the previous location of the sign as part of a right-of-way taking, causing removal and relocation of the sign.

13. FACTS THAT SUPPORT RECOMMENDING DENIAL OF THE REQUEST

None

14. MOTION

Made by David Stone, seconded by Charles Eldredge to recommend approval of the request for a Variation to allow for an Off-Premises Commercial Advertising Sign to be located a minimum of 11 feet from the residential zoning district instead of the minimum 100 feet required from the residential zoning district.

15. VOTE

7 - AYES; 0 - NAYS; 0 - ABSTAIN

Matthew Hansel - Aye

Linnea Kooistra - Aye

David Stone - Aye

Vicki Gartner - Aye

Charles Eldredge - Aye

Kurt Schnable - Aye

Richard Kelly - Aye

GOES TO COUNTY BOARD WITH ZBA RECOMMENDATION FOR APPROVAL

Full Comments on the above agenda items are included in the audio recording of this meeting, which can be found on the McHenry County Meeting Portal.

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=4161&Inline=True