McHenry Times

City of McHenry Planning and Zoning Commission met Jan. 29.

Here is the minutes provided by the commission:

Chairman Strach called the January 29, 2020 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Lehman, Strach, Sobotta, Thacker, and Walsh. Absent: Gurda, Doherty. Also in attendance were City Planner Cody Sheriff, 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.

Approval of Minutes

Motion by Thacker seconded by Lehman to approve the December 18, 2019 Regular Meeting minutes of the Planning and Zoning Commission as presented:

Voting Aye: Lehman, Strach, Sobotta, and Thacker.

Voting Nay: None.

Not Voting: None.

Abstaining: Walsh.

Absent: Doherty, Gurda.

Motion carried 4-0.

Public Hearing: Mark E. and Georgene L. Reinwall

Z-959

3816 W. Bull Valley Rd.

Zoning Map Amendment to C-5 (Highway Commercial) upon Annexation to the City of McHenry, Conditional Use for Outside Storage in Conjunction with a Contractors Office and Use Variance to Maintain a Residence for a Period not to Exceed (15) Years

Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-959 an application for a Zoning Map Amendment to C-5 (Highway Commercial) upon Annexation to the City of McHenry, Conditional Use for Outside Storage in Conjunction with a Contractors Office and Use Variance to Maintain a Residence for a Period not to Exceed (15) Years at the property located at 3816 W Bull Valley Road.

Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 12, 2020. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office.

In attendance was Attorney Craig Krandel, Timm & Garfinkel, 407 Congress Parkway, Suite E, Crystal Lake, IL 60014 and Mark and Georgene Reinwall, 3816 W. Bull Valley Rd, McHenry, IL 60050. Attorney Krandel stated the Reinwalls are seeking annexation, conditional use and a use variance. He recommended limiting the use of the residence to the Reinwall’s residency rather than a 15 year limit. Attorney Krandel opined the letter in opposition due to storm water requirements was an issue caused by error on the county’s part and Reinwalls are taking care of what needs to be done to correct the error. He stated thee are no issues with any of the adjoining properties and feel it is a good use of the property and it is important for them to live on that property for as long as they need. The Krandels have stated they will comply with any requirements on storm water if or when the need arises.

City Planner Sheriff gave the Staff Report beginning with reading a letter received from Rosemary Swierk, Managing Member for RJ Properties, owner of an adjoining property located at 414 S. Route 31. Planner Sheriff stated the applicants are requesting a Zoning Map Amendment upon Annexation to the C-5 Highway Commercial District, a Conditional Use Permit for Outside Storage in conjunction with a contractor’s office, and a Use Variance to allow a single-family residence for a period of up to fifteen (15) years for the property located at 3816 W Bull Valley Road for the business Mark’s Tree Service.

The subject property is currently zoned A-1 Agriculture District in unincorporated McHenry County. The applicants currently occupy the single-family residence on the property which also serves as the headquarters for Mark’s Tree Service – a commercial and residential tree removal service. According to the applicants’ business website, Mark’s Tree Service has been serving the greater McHenry area since 1987. Planner Sheriff stated the applicants added approximately 17,700 sf of impervious surface to accommodate additional outside storage and after discussion with the Reinwalls they have agreed to apply for a storm water permit upon annexation to the City.

The subject property currently has an open Request for Enforcement (RFE) with McHenry County for the operation of a landscape business without a conditional use permit. Additionally, a Storm water Management Permit was not applied for the impervious surface expansion. Although the property is in violation of the McHenry County Storm water Management Ordinance, the County is not pursuing this violation because of the pending Annexation Agreement with the City. If the City Council approves the Annexation Agreement, this would resolve the open RFE and the Storm water Management Ordinance violation. Any future expansion of the impervious surface footprint would require a Storm water Management Permit from the City.

Planner Sheriff stated the proposed Zoning Map Amendment to the C-5 Highway Commercial District is consistent with the City of McHenry’s Future Land Use Map Designation of Commercial. Staff also believes the continued operation of the existing tree removal service with a Conditional Use Permit for outside storage would have minimal impact on the surrounding land uses.

Staff does not object to the applicants’ request for a Use Variance to allow a single-family residence on the property for a period of fifteen (15) years. However, staff would recommend occupancy of the existing single-family residence be limited to the current property owners (Mark E. and Georgene L. Reinwall) in lieu of a timeframe requirement. If the applicants’ request is not approved, then the use would be deemed nonconforming. The applicants would not be able to repair or replace the single-family residence if damaged or destroyed to the extent of 33% or more of its equalized assessed value. Staff believes all zoning map amendment approval criteria is met and does not object to the applicants’ request for a Zoning Map Amendment to the C-5 Highway Commercial District upon annexation.

Staff recommends Approval of a Zoning Map Amendment to the C-5 Highway Commercial District upon Annexation for the property located at 3816 West Bull Valley Road and Staff believes all Zoning Map Amendment Approval Criteria are met.

Staff recommends Approval of a Conditional Use Permit for outside storage in conjunction with a contractor’s office for the property located at 3816 West Bull Valley Road subject to conditions as presented and Staff believes all Conditional Use Permit Approval Criteria are met.

Staff does not object to the applicants’ request for a Use Variance to allow a single-family residence on the subject property and recommends approval subject to conditions as presented and Staff believes all Use Variance Approval Criteria are met.

Chairman Strach invited questions and/or comments from the Commission.

Comissioner Strach stated storm water permits are required for 20,000 sf of impervious surface or more. The storm water permit would not be required for 17,000 sf and any issues can easily be resolved after annexation. Commissioner Thacker stated his agreement.

Commissioner Sobotta asked, in regard to the County Request for Enforcement of storm water management, how long issues were in affect with their ordinances. Attorney Krandel stated it was over a 32 years period and the county didn’t realize the property was not in McHenry City Limits and missed the need for storm water management but when the county changed their ordinance it was back on the radar.

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 7:50 p.m.

Planner Sheriff explained the City cannot require anything of the property owner until they are annexed to the City and they feel adding a condition requiring the minor storm water management permit after annexation will be adequate.

Motion by Walsh seconded by Thacker to recommend to the City Council with regard to File No. Z-959, approval of a Zoning Map Amendment to the C-5 Highway Commercial District upon Annexation for the property located at 3816 West Bull Valley Road and that all Zoning Map Amendment Approval Criteria are met.

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

Voting Nay: None.

Not Voting: None.

Abstaining: None.

Absent: Doherty, Gurda.

Motion carried 5-0

Motion by Walsh seconded by Lehman to recommend to the City Council with regard to File No. Z-959, Approval of a Conditional Use Permit for outside storage in conjunction with a contractor’s office for the property located at 3816 West Bull Valley Road subject to the following conditions, as amended:

1. Outside storage of commercial vehicles and equipment shall be limited to north of the frame garage identified on the plat of survey certified on September 19, 2019.

2. No outside storage shall be located within the existing green spaces.

3. The property owners shall maintain the existing landscaped screening.

4. The property owners shall be responsible for replacing any landscaped screening that is damaged or destroyed.

5. The property owners shall be responsible for installing new matching landscaped screening if any structures that provide screening are removed.

6. All commercial vehicles and equipment stored outside shall be related to the site’s existing business operations.

7. All commercial vehicles and equipment stored outside shall be in operable condition.

8. The outside storage of bulk materials is prohibited unless enclosed within a storage container.

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

10. The property owner will apply for a minor storm water management permit within 30 days of annexation to the City;

And that all Conditional Use Permit Approval Criteria are met.

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

Voting Nay: None.

Not Voting: None.

Abstaining: None.

Absent: Doherty, Gurda.

Motion carried 5-0

Motion by Sobotta seconded by Thacker to recommend to the City Council with regard to File No. Z-959, approval of a Use Variance to allow a single-family residence on the property located at 3816 West Bull Valley Road subject to the following conditions:

1. Either Mark E. or Georgene L. Reinwall must concurrently occupy the residence.

2. All other federal, state, and local laws shall be met; And that all Use Variance Criteria are met.

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

Voting Nay: None.

Not Voting: None.

Abstaining: None.

Absent: Doherty, Gurda.

Motion carried 5-0

Chairman Strach closed the Public Hearing regarding File No. Z-959 at 7:55 pm.

Staff Report

Planner Sheriff informed the commission the City is in the final round of a grant application to update the Comprehensive Plan. He stated the City will be looking at zoning text amendments in the future possibly looking at a Unified Development Ordinance focusing on the landscape ordinance, subdivision ordinance, and on gravel pit related updates. He asked commissioners to let him know if there were any text amendments they would like to see reviewed. Commissioner Strach stated he hopes to use months with no scheduled hearings to have the commission hold discussion on zoning and code updates needed.

Adjournment

Motion by Sobotta seconded by Lehman to adjourn the meeting at 8:10 p.m.

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

Voting Nay: None.

Not Voting: None.

Abstaining: None.

Absent: Doherty, Gurda.

Motion carried 5-0.

The meeting was adjourned at 8:10 p.m.

https://cityofmchenry.org/vertical/Sites/%7B32BA702A-197A-429A-BC8D-0F4D5E307CAD%7D/uploads/PZMIN_01-29-2020.pdf