McHenry Times

McHenry County Board Hearing Officer met Feb. 8.

Here are the minutes provided by the board:

I. HEARING OFFICER REPORT TO THE MCHENRY COUNTY BOARD IN THE MATTER OF PETITION #2021-051

1. Recommendation: Approve

2. Applicant: Daniel Ballstaedt

3. Request: A Variation to allow for 1) a minimum side setback of one (1) foot instead of the minimum ten (10) feet along the north property line, and 2) a minimum street setback of twenty (20) feet instead of the minimum required fifty (50) feet. (Unified Development Ordinance §16.56.050)

4. Location and size of property in question: The subject property consists of approximately .51 acres and is located on the west side of North Woodlawn Park Avenue, approximately 600 feet north of the intersection of North Woodlawn Park Avenue and West Rosedale Avenue.

Common address: 1723 N. Woodlawn Park Avenue, McHenry, Illinois, McHenry Township. PIN: 09-25- 126-064

5. Present at hearing:

Daniel Ballstaedt, Applicant

Michael J. McNerney, Hearing Officer

Kim Scharlow, County Staff

6. Date, time and location of the hearing: February 8, 2022 at 11:00 a.m. McHenry County Government Center, Ware Road Administration Building, Woodstock, IL 60098.

7. Items of evidence:

Official Site Plan, Application to allow variances, Natural Resource Information Report, McHenry-Lake County Soil & Water Conservation District Letter of October 14, 2021.

8. Summary of Testimony at the hearing:

The Hearing Officer opened the meeting and described the Applicant’s property and request. Mr. Ballstaedt stated that he intends to build a garage on his property for his vehicles and personal property. He noted that he has owned the subject property since 2017 and previously owned the adjacent property since 1984. Mr. Ballstaedt mentioned that the neighbors to the north and south of his lot did not have any concerns with the proposed garage. He noted that he owns the vacant lot across the street, which is where his septic field is located.

Mr. Ballstaedt explained that he previously had gotten a variance to allow the neighboring garage one foot from the lot line, so it is near to the proposed garage location. However, he explained that he recently modified his site plan to move the proposed garage five (5) feet away from neighboring garage, in order to comply with fire separation requirements.

Mr. Ballstaedt pointed out that there are many properties in the area that have their garages located close to the roadway, and some are substantially closer than what he is proposing. He addressed the Approval Standards for Variation. The Hearing Officer stated that the Standards had been met and he was in favor of the request.

9. Planning and Development Report - comments and conclusions:

Current Land Use: The property is designated Single-Family Residential on the Current Land Use map. Adjacent land use:

North: Single-Family Residential

South: Single-Family Residential

East: Open Space/Vacant

West: Fox River

Current Zoning: the property is currently zoned R-1 Single-Family Residential District

Adjacent zoning:

North: R-1V Single-Family Residential

South: R-1 Single-Family Residential

East: A-1 Agriculture and City of McHenry

West: Fox River

2030 Plan: The property is designated Residential/Environmentally Sensitive on the McHenry County Land Use Plan Map.

Municipal Plans within 1.5 miles:

McHenry: Medium-Density Residential Johnsburg: No Designation Lakemoor: Neighborhood Residential

Improvements: The subject property contains a one-story frame residence, wood decks, frame garage, a fence, and areas of concrete, according to the topographic survey.

Natural Resources: The McHenry County ADID Wetland Inventory indicates the presence of the Fox River adjacent to the parcel to the west. Due to the size of the parcel and type of request, impact to natural resources from the proposed use is minimal, according to Natural Resources Inventory (NRI) Letter L21-058-4380.

Flood Hazard Areas: The FEMA Flood Insurance Rate Map (Panel 17111C0207J) indicates Zone AE, 100-year floodplain with a base flood elevation of 740 feet on the western perimeter of the parcel.

Flood-of-Record: A flood-of-record is indicated for the western portion of the subject property adjacent to the Fox River, according to USGS map number HA-255 (McHenry Quadrangle).

SARA: The site is located in a zone with elevated aquifer contamination potential, according to the McHenry County Sensitive Aquifer Recharge Area (SARA) map.

The Affidavit of Posting, mailings and legal notice were checked and found to be acceptable. The McHenry-Lake County Soil & Water Conservation District determined that a full report was not necessary. 10. STAFF COMMENTS & CONCLUSIONS:

* No zoning violations are currently open on the subject property.

* The residence on the lot was built around 1938, according to the McHenry Township Assessor. * An Illinois Department of Natural Resources (IDNR) report was not required for this Project.

11. Recommended findings of fact as to the Request for the Variation:

The Standards for Variation, listed in Sec. 16.20.020.F of the McHenry County Unified Development Ordinance, have been met and granting this variation is recommended.

Sec. 16.20.020F.1: The particular surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

Witness testified that moving the garage to a compliant location would encroach on his concrete sidewalk.

Sec. 16.20.020F.2: The conditions upon which the application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning district.

The Witness testified that is true due to the configuration of the lot. It was also mentioned that smaller lots within the Legacy Neighborhood Overlay District would allow for a detached garage to be located closer to the street. Sec. 16.20.020F.3: The purpose of the variation is not based exclusively upon a desire to increase the monetary gain realized from the property.

The Witness testified that is true, as he is merely intending to store his vehicles on the property. Sec. 16.20.020F.4: The alleged difficulty or hardship is caused by the Ordinance and has not been created by any person presently having an interest in the property.

Witness testified that the lot configuration and the requirements of the Ordinance (an ineligibility for the Legacy Neighborhood benefits) cause the hardship.

Sec. 16.20.020F5: That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

The Witness testified that there were no objections by neighbors.

Sec. 16.20.020F6: The proposed variation will not impair an adequate supply of light or air to the adjacent property or substantially increase congestion in the public streets or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the adjacent neighborhood.

Witness testified that the proposed variation would have no negative impact on public streets or public safety.

Sec.16.20.020F.7. The granting of the variation requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings of the same zoning district.

The evidence establishes that the property owner would not be gaining a special privilege by the granting of this request, as it is a reasonable request that should be granted to other property owners, if they so requested, as was also attested to by the witness.

The Witness has met their burden of establishing the necessary ordinance requirements. Accordingly, it is my recommendation that the petitioner’s request be granted.

https://mchenrycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=5072&Inline=True