McHenry Times

City of McHenry Planning and Zoning Commission met July 10.

Here is the agenda provided by the commission:

Chairman Strach called the July 10, 2019 special meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Absent: None. Also in attendance were Director of Economic Development Martin and Economic Development Coordinator Wolf.

Chairman Strach opened the public portion of the meeting at 7:30 p.m. There was nobody in attendance who wished to address the Commission with public comment.

Public Hearing: City of McHenry

File No. Z-952

Text amendment to the City of McHenry Zoning Ordinance: Article IV. General Residential District Regulations Table 4: Residential District Requirements to exclude: Lots 20-43; 71-83; and 139-151 of the Final Plat of Subdivision of Patriot Estates (Duplex Lots) dated January 9, 2006, and recorded in the Office of the Recorder of Deeds, McHenry County, Illinois on November 3, 2006, as Document No. 2006R0081409 from a minimum side yard setback requirement of 15 ft. to a minimum side yard setback of 7 ft.

Chairman Strach called the Public Hearing to order at 7:34 p.m. regarding File No. Z-952 a request for a Text amendment to the City of McHenry Zoning Ordinance: Article IV. General Residential District Regulations Table 4: Residential District Requirements to exclude: Lots 20-43; 71-83; and 139-151 of the Final Plat of Subdivision of Patriot Estates (Duplex Lots) dated January 9, 2006, and recorded in the Office of the Recorder of Deeds, McHenry County, Illinois on November 3, 2006, as Document No. 2006R0081409 from a minimum side yard setback requirement of 15 feet to a minimum side yard setback of 7 feet

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 22, 2019. A Certificate of Publication is on file in the City Clerk’s Office.

Director of Economic Development gave the Staff report stating due to an error in the City’s zoning map several years ago the Patriot Estates Duplex Neighborhood was planned to be built with an incorrect setback, RS-3 setbacks instead of the correct RM-2 setback. Cunat Development, the builder, designed a home product which did not meet the side yard setback, and when the error was discovered some lots were already built and incorrect setbacks were not caught, and other unimproved lots need to accommodate the housing product and adjusted setback. Director Martin clarified this error only impacts the interior side yard setback.

Director Martin stated this request was presented as a text amendment to the zoning ordinance due to the number of lots involved, approximately 40-50, which would exclude them from meeting the side yard setback, 15’, of the RM-2 district, which is the correct zoning district. The RS-3 interior side yard setback is 10 feet or 10% of the lot width, whichever is less. A plat was presented as an exhibit to an ordinance, also presented, indicating the side yard setback for each lot in the neighborhood and a notation would be made in the zoning ordinance that these specific lots do not have to meet the required side yard setback of the RM-2 district. The minimum side yard setback proposed is 7 feet instead of 15 feet. With this variance of 8 feet all lots would be conforming.

Director Martin stated Staff recommends approval of a Text Amendment and Notation to Article IV, Table 4 of the zoning ordinance as presented.

There were no questions or comments from the Commissioners.

Chairman Strach opened the floor to questions and comments from 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 at 7:37 pm.

Motion by Lehman seconded by Walsh to recommend to the City Council with regard to File No. Z-952, approval of a Text Amendment and Notation to Article IV, Table 4 of the zoning ordinance to read:

Article IV. General residential district regulations Table 4: Residential District Requirements (RM-2) to exclude: lots 20-43; 71-83; and 139-151 of the Final Plat of Subdivision of Patriot Estates (duplex lots) dated January 9, 2006, and recorded in the office of the Recorder of Deeds, McHenry County, Illinois on November 3, 2006, as document no. 2006R0081409 from a minimum side yard setback requirement of 15 feet to a minimum side yard setback of 7 feet.

Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh.

Voting Nay: None.

Not Voting: None.

Abstaining: None.

Absent: None.

Motion carried 7-0

Chairman Strach closed the Public Hearing regarding File No. Z-952 at 7:40 pm.

Adjournment

Motion by Doherty seconded by Thacker to adjourn the meeting at 7:45 p.m.

Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker and Walsh.

Voting Nay: None.

Not Voting: None.

Abstaining: None.

Absent: None.

Motion carried 7-0.

The meeting was adjourned at 7:45 p.m

http://cityofmchenry.org/vertical/Sites/%7B32BA702A-197A-429A-BC8D-0F4D5E307CAD%7D/uploads/PZMIN_07-10-2019_Special.pdf