McHenry Times

City of Woodstock Zoning Board of Appeals met May 29.

Here is the minutes provided by the board:

CALL TO ORDER: A special meeting of the City of Woodstock Zoning Board of Appeals was called to order by Chairman Timothy Huffar at 7:00 PM on Wednesday, May 29, 2019 in the Council Chambers, Woodstock City Hall, 121 W. Calhoun Street, Woodstock. A roll call was taken.

COMMISSION MEMBERS PRESENT: Rick Bellairs, Lawrence Winters, Richard Ryan, Zak Klehr, and Chairman Timothy Huffar.

COMMISSION MEMBERS ABSENT: Howard Rigsby and Tom Tierney.

STAFF PRESENT: City Planner Darrell Moore and Executive Assistant/Chief Deputy Clerk Jane Howie.

OTHERS PRESENT: Attorney Andrew Mertzenich and Susan Jacobs.

ACCEPTANCE OF MINUTES:

Mr. Huffar asked Commissioners if any changes are necessary to the Minutes from the April 8, 2019 meeting of the Zoning Board of Appeals. There was a consensus that no changes were needed.

Motion by R. Ryan, second by Z. Klehr, to accept the Minutes from the April 8, 2019 meeting of the Zoning Board of Appeals as presented. Ayes: R. Bellairs, L. Winters, R. Ryan, Z. Klehr and Chair T. Huffar. Nays: None. Absentees: H. Rigsby and T. Tierney. Abstentions: none. Motion carried.

PUBLIC COMMENT – In accordance with the Illinois Open Meetings Act, the general Public may address the Commission regarding any matter on the agenda or not on the agenda.

Chair Huffar asked about appointing a Vice Chair. D. Moore said this can be added to the next meeting’s agenda.

PUBLIC HEARING:

a) 200-220 South Tryon Street – Multiple variations to allow the property to be split into two lots.

Chair Huffar swore in Attorney Andrew Mertzenich and Susan Jacobs

The use of the property at 200-220 S. Tryon St. is currently in conformance; however, the applicant, Mrs. Jacobs, is requesting variations as stated in the application. Mrs. Jacobs is requesting to split this parcel into two separate, four-sided parcels. The apartment building was rehabbed and renovated, and currently has tenants. However, the Victorian house is unoccupied and in desperate need of renovations.

Chair Huffar said the purpose of the split is to sell one property; however, many issues have come up with the desire to sell. D. Moore said the apartment building was built in 1984 with a variation to allow it to conform. In response to a question from R. Bellairs, the petitioner stated the older structure has been empty, for approximately six months. Mrs. Jacobs said because she was getting very little rent, she decided not to renew leases.

L. Winters asked where renters would park. Commissioners talked about several parking spots on site, and they discussed possible areas where additional parking could be made available. D. Moore said if the house is used as a single-family residence, the current parking is sufficient. If used as a multifamily building, a variation would be necessary for parking. T. Huffar said a new owner/resident will need to find additional parking. Should property be sold, an easement for egress/ingress is noted. Commissioners were concerned about how many parking spaces would be available and where would they be located. Mrs. Jacobs said the 6-unit apartment building currently has 10-12 parking spaces plus a 6-unit garage, which is sufficient.

Attorney Mertzenich said the future use of the property is unknown at this time. If more parking is needed, the new owner will have to address this issue. The proposed parking is included in the plat. R. Bellairs mentioned issues with the location of parking. D. Moore reiterated the purpose of this evening’s variation request, which is division of the parcel. R. Bellairs asked if the current owner will keep the apartment and sell the older home; which was correct. Attorney Mertzenich speculated that an independent buyer could purchase the Victorian home as a single-family fixer-upper or restore it as an apartment building.

There was some discussion about perhaps having a private alley through the property. L. Winters asked what will happen if she can’t sell it. Mrs. Jacobs said she can’t afford to renovate it, so it is her hope that someone will buy it with plans for rehabbing the home. T. Huffar stated if the home sells as a single-family home, the parking will not be an issue. It was noted that there is currently one tax bill for the entire property. Attorney Mertzenich said there could be a plat dedication; therefore, a subdivision would not be necessary. T. Huffar said he has no issue with the setbacks. It is believed that this property should have been two separate parcels from the beginning due to the square footage. It was noted that this property is in Woodstock’s historic district.

R. Bellairs suggested that D. Moore go through the email chain with Commissioners. D. Moore mentioned some emails that he shared with Commissioners. He explained that Attorney Mertzenich answered some questions posed by Commissioners; Darrell read aloud the content of the email and noted its contents matched the petitioner’s testimony given in the hearing.

Commissioners made statements that Mrs. Jacobs might have a self-imposed hardship. T. Huffar agrees with the new property lines as proposed, as he doesn’t see any other way to accomplish this request. Z. Klehr asked if potential buyers will be informed of parking issues if the buyer’s intention is for a multifamily home; the petitioners confirmed this would be the case. T. Huffar asked if neighbors were informed of this request. Mrs. Jacobs confirmed this to be true. Attorney Mertzenich also took additional steps to inform the neighbors whose notices were returned. T. Huffar asked if both parcels will remain R4 zoning. Mrs. Jacobs confirmed that this is correct. In response to questions from Z. Klehr; all units in the apartment building are currently rented. R. Ryan asked what will happen to the condition of the house if the lot is subdivided and no one buys it. Mrs. Jacobs stated she made the decision to invest her limited funds in the 6-unit apartment building; she doesn’t have the funds to renovate the Victorian-style house.

Commissioners struggled with the fact that the Victorian is configured for 5 units, but needs to be renovated before it’s occupied. And, it cannot be renovated as a five-unit building unless accommodation is made for parking. If converted to a single-family residence; however, the parking is sufficient. D. Moore said an easement could also be granted for additional parking spaces.

Attorney Mertzenich talked about a possible parking agreement, which could occur between the seller and buyer, and could incorporate the parking for the two separate parcels. R. Bellairs asked if Mrs. Jacobs considered selling the entire parcel; she stated she wants to keep the apartment building. Attorney Mertzenich said there are many viable options for these properties, but the variations are necessary. He asked that Commissioners grant this request.

In response to a question from L. Winters, Mr. Bellairs said, in his opinion, after looking at the aerial photos and not having been in the building, the likelihood of turning this into a single-family home, sitting between two apartment buildings, would be a tough sell. L. Winters said people do buy up old buildings to renovate and rent out. Attorney Mertzenich said it is possible for the Victorian to remain a multi-family building. Z. Klehr said this is a difficult situation as it is unknown what could become of the Victorian home.

L. Winters asked about the possible easement and the possibility of additional parking spaces. Mrs. Jacobs said she would be open to the possibility of selling some parking on the adjacent property. R. Bellairs asked if she has a mortgage on the entire property. Mrs. Jacobs confirmed that she does have a mortgage on the property. Attorney Mertzenich shared some information, but said some of these questions would be better answered by the bank that holds the mortgage.

Public Hearing closed at 7:55 PM

RECOMMENDATION:

Motion by T. Huffar, second by Z. Klehr, to approve a variation of the Woodstock Unified Development Ordinance, Section 7A.2: Area and Bulk Requirements to allow:

1. A rear-yard setback for the proposed southern lot to match the existing setback of the building, instead of the required 30-foot setback; 2. A side-yard setback along the southern property line of the proposed northern lot of 7.67 feet, instead of the required 10-foot setback;

3. A side yard abutting a street setback for the proposed northern lot to match the existing setback of the principal building, instead of the required 30-foot setback;

4. The area for the proposed northern lot to be 13,243 square feet, instead of the required 17,500 square feet for six two-bedroom units in an R4 district.

Ayes: R. Bellairs, L. Winters, R. Ryan, Z. Klehr and Chair T. Huffar. Nays: None. Absentees: H. Rigsby and T. Tierney. Abstentions: none. Motion carried.

The Findings of Fact were completed and are attached to these Minutes.

This recommendation will be on the June 18, 2019 City Council Agenda for consideration.

D. Moore reminded Commissioners about the email protocol and the rules of the Open Meetings Act.

ADJOURNMENT:

Motion by R. Bellairs second by R. Ryan, to adjourn this Special Meeting of the Zoning Board of Appeals. Ayes: R. Bellairs, L. Winters, R. Ryan, Z. Klehr and Chair T. Huffar. Nays: None. Absentees: H. Rigsby, and T. Tierney. Abstentions: none. Motion carried. The meeting was adjourned at 8:10 PM.

https://www.woodstockil.gov/sites/default/files/fileattachments/zoning_board_of_appeals/meeting/30361/f_-_200-220_s._tryon_st_-_part_4_of_5_-_zba_minutes_5-29-19.pdf