Huntley President Timothy J. Hoeft | Village of Huntley Website
Huntley President Timothy J. Hoeft | Village of Huntley Website
Village of Huntley Plan Commission and Zoning Board of Appeals met Nov. 25
Here are the minutes provided by the board:
CALL TO ORDER
A meeting of the Village of Huntley Joint Plan Commission and Zoning Board of Appeals was called to order on Monday, November 25, 2024, at 6:30 p.m. in the Municipal Complex, Village Board Room, 10987 Main Street, Huntley, Illinois 60142.
PLEDGE OF ALLEGIANCE
Chairwoman Dawn Ellison led the Pledge of Allegiance.
ROLL CALL
PRESENT: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, Don Walz and Chairwoman Dawn Ellison.
ABSENT: Commissioners Joseph Holtorf, Terra DeBaltz.
IN ATTENDANCE: Director of Development Services Charles Nordman, Assistant Director of Development Services Scott Bernacki, and Senior Planner Nick Arquette.
PUBLIC COMMENT
Chairwoman Dawn Ellison thanked Vice Chairman Jeff Peterson for stepping in as Chairperson during the previous meeting.
APPROVAL OF MINUTES
A. Approval of the October 28, 2024 Plan Commission Meeting Minutes
A MOTION was made to approve the October 28, 2024 Plan Commission Meeting Minutes.
MOTION: Commissioner Dennis O’Leary
SECOND: Commissioner Ron Hahn
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz
NAYS: None
ABSTAIN: Chairwoman Ellison
MOTION CARRIED 4:0:1
PUBLIC HEARING(S)
A. Petition No. 24-11.01, Gerald Fon, 11606 Davey Drive, Simplified Residential Zoning Variation to allow a shed within the required side yard and within six (6) feet of the principal building in the “R-2” Single Family Detached Residence District. (Zoning Board of Appeals Agenda)
Chairwoman Dawn Ellison turned to Village staff to begin the PowerPoint presentation to review the petition.
Senior Planner Nick Arquette thanked the Chairwoman and introduced the request for Simplified Residential Zoning Variation to allow a shed within the required side yard and within six (6) feet of the principal building.
Planner Arquette noted that The property is zoned “R-2” Single Family Detached Residence District, which requires accessory structures to remain a minimum of 5’ from the side or rear property lines within the rear yard and a minimum of 6’ from the principal structure.
Senior Planner Arquette stated that the ±8’ x 14’ shed will encroach ±3.5’ into the required 5-foot side yard 5 setback and ±1.5’ into the required 6-foot setback from the principal structure. The proposed shed does not impact the easements on the property.
Senior Planner Arquette displayed an exhibit and described the permitted shed location on the property. Senior Planner Arquette continued, describing the location of the proposed shed outside of the permitted area on the property.
Senior Planner Arquette provided an overview of the height and design of the proposed Yardline Crestwood Gable shed.
Senior Planner Arquette noted that the petitioner has submitted a response to the criteria for reviewing the proposed zoning variation. The Huntley Zoning Ordinance - Section 156.210 Variations, (F) Standards for Variations establishes the following criteria for their review:
(1) General Standard. No variation shall be granted pursuant to this Section unless the applicant shall establish that carrying out the strict letter of the provisions of this Code would create a particular hardship or a practical difficulty.
(2) Unique Physical Condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.
(3) Not Self-Created. The aforesaid unique physical condition is not the result of any action or inaction of the owner or his predecessors in title and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this Code, for which no compensation was paid.
(4) Denied Substantial Rights. The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.
(5) Not Merely Special Privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the sale of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship shall not be a prerequisite to the grant of an authorized variation.
(6) Code and Plan Purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this Code and the provision from which a variation is sought were enacted or the general purpose and intent of the Official Comprehensive Plan.
(7) Essential Character of the Area. The variation would not result in a use or development on the subject 45 property that:
(a) Would be materially detrimental to the public welfare or injurious to the enjoyment, use, development value of property or improvements permitted in the vicinity;
(b) Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity;
(c) Would substantially increase congestion in the public streets due to traffic or parking;
(d) Would unduly increase the danger of flood or fire;
(e) Would unduly tax public utilities and facilities in the area; or
(f) Would endanger the public health or safety.
(8) No Other Remedy. There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.
Senior Planner Arquette stated staff recommends the following conditions be applied should the Zoning Board of Appeals forward a positive recommendation to the Village Board:
1. The west and north walls of the shed shall contain no openings and the west and east walls of the shed shall be one-hour fire rated.
2. Shed drainage structures shall be approved by the Development Services Department at permitting and may not be directed towards the west property line.
3. No building plans, construction permits, or Certificates of Occupancy are approved as part of the Simplified Residential Zoning Variation.
Senior Planner Arquette concluded the presentation and returned the floor to Chairwoman Ellison. Chairwoman Ellison requested a motion to open the public hearing.
A MOTION was made to open the public hearing to consider Petition No. 24-11.01
MOTION: Member Ron Hahn
SECOND: Member Jeff Peterson
AYES: Members Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
Chairwoman Ellison stated that this is a public hearing and anyone wishing to testify must be sworn in. The following persons were sworn in: Petitioner Gerald Fon, Homeowner 11606 Davey Drive and Senior Planner Nick Arquette.
Chairwoman Ellison asked if the petitioner had any comments to add or present, to which Mr. Fon explained additional details relating to the unique conditions as presented by the lot including drainage, location of windows, and easements.
Chairwoman Ellison asked if any other members of the public had any comments to add, to which there were none.
Chairwoman Ellison turned to the Board Members for comment.
Board Member Ron Hahn confirmed with Senior Planner Arquette that proper legal notice was filed and no comments were filed with the Village from any neighboring property owners or notified parties. Petitioner Fon added that he personally spoke with the neighbors most impacted by the proposal and those individuals were accepting of the proposed location.
Member Hahn continued that he understands the unique challenges as presented by the lot and does not object to the location proposed. Member Hahn confirmed with Petitioner Fon that access to the ComEd electrical transformer located in the rear of the property will not be obstructed. Planner Arquette noted the location of the utility easement along the east property line as recorded on the plat of survey.
Board Member Jeff Peterson requested additional clarification from Petitioner Fon relating to the proposed relocation of the air conditioning unit from the side to the rear of the property. Petitioner Fon confirmed for Member Peterson that the roofing and siding materials have been selected to match the house.
Board Member Dennis O’Leary understands the unique challenges as presented by the lot and although does not prefer the location of the shed, does not object to the location proposed given the hardship presented.
Board Member Don Walz clarified that the small area between the fence and the shed is to be brick pavers. Similar to Member O’Leary, Member Walz expressed that although the location of the shed is not preferred, given the challenges presented by the lot, the proposal appears to present the most reasonable option.
Chairwoman Dawn Ellison confirmed with Petitioner Fon that the relocation of the air condensing unit is to provide passage between the shed and the home. Chairwoman Ellison expressed no objection to the proposal.
There were no further comments. Chairwoman Ellison requested a motion to close the public hearing.
A MOTION was made to close the public hearing to consider Petition No. 24-11.01
MOTION: Member Dennis O’Leary
SECOND: Member Jeff Peterson
AYES: Members Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
Chairwoman Dawn Ellison requested a motion to approve the petition.
A MOTION was made to approve Petition No. 24-11.01, requesting approval of a Simplified Residential Zoning Variation to allow a shed within the required side yard and within six (6) feet of the principal building in the “R 35 2” Single Family Detached Residence District, subject to the following conditions:
1. The west and north walls of the shed shall contain no openings and the west and east walls of the shed shall be one-hour fire rated.
2. Shed drainage structures shall be approved by the Development Services Department at permitting and may not be directed towards the west property line.
3. No building plans, construction permits, or Certificates of Occupancy are approved as part of the Simplified Residential Zoning Variation.
MOTION: Member Ron Hahn
SECOND: Member Jeff Peterson
AYES: Members Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
B. Petition No. 24-11.02, IPG Huntley Smoothies LLC, as Petitioner, and Amit Patel, as Owner, Relating to the property located at 12900 IL Route 47, Request for approval of a Special Use Permit for Drive Through Food Service for Smoothie King, in accordance with the plans that have been submitted to, and are on file with, the Village of Huntley, pursuant to the requirements of Section 156.204 of the Huntley Zoning Ordinance.
Chairwoman Dawn Ellison turned to Village staff to begin the PowerPoint presentation to review the petition.
Senior Planner Nick Arquette thanked the Chairwoman and introduced the request for approval of a Special Use Permit for Drive-Through Food Service for Smoothie King upon the property located at 12900 IL Route 47.
The property location and history was summarized as located on Lot 6 of the Huntley Crossings Phase I Subdivision. The proposed multi-tenant commercial building and tenant space are actively under construction as approved via Ordinance 2023-06.28. The tenant space was previously approved for use by “The Human Bean”, which is a drive-through coffee/espresso café. Senior Planner Arquette noted that the owner did not elect to move forward with The Human Bean, and is now proposing to feature a Smoothie King within the space.
Senior Planer Arquette stated that the existing site layout is proposed to remain as originally planned, with no alterations to parking or circulation. The existing 39 parking stalls on the site are compliant with the requirements of the Rubloff Annexation Agreement.
Senior Planner Arquette described the access and circulation to the site, including the location of exterior access, shared access, and the drive-through lane.
The proposed signage was displayed and Senior Planner Arquette noted that the proposed tenant signage requires additional relief for a total sign area overage of ±89 square feet. The signage is in general alignment with the previously approved signage via Ordinance 2023-06.28.
Senior Planner Arquette reviewed the review criteria for a special use permit, and noted that the petitioner’s responses to the standards were provided to the Plan Commission for consideration.
Senior Planner Arquette stated that Staff recommends the following conditions be applied should the Plan Commission forward a positive recommendation to the Village Board including:
1. All public improvements and site development must occur in full compliance with the submitted plans and all applicable Village codes, ordinances, and Municipal Services (Engineering, Public Works, Planning and Building) site design standards, practices and permit requirements.
2. The petitioner is required to meet all development requirements of the Huntley Fire Protection District.
3. A railing/fencing shall be provided within the front patio seating area.
4. All directional signs shall have a brick base.
5. No building plans, construction permits, sign permits, or Certificates of Occupancy are approved as part of this submittal.
Senior Planner Arquette concluded the presentation and returned the floor to Chairwoman Ellison. Chairwoman Ellison requested a motion to open the public hearing.
A MOTION was made to open the public hearing to consider Petition No. 24-11.02
MOTION: Commissioner Dennis O’Leary
SECOND: Commissioner Don Walz
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
Chairwoman Ellison stated that this is a public hearing and anyone wishing to testify must be sworn in. The following persons were sworn in: Petitioner’s Representative Steven Kolber, Kolbrook Design Inc. and Senior Planner Nick Arquette
Chairwoman Ellison asked if the petitioner had any comments to add or present, to which Mr. Kolber explained that there are no site changes or reconfigurations, solely a change to the operator of the drive through.
Chairwoman Ellison asked if any other members of the public had any comments to add, to which there were none.
Chairwoman Ellison turned to the Plan Commissioners for comment.
Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary acknowledged that because there are no proposed changes to the previously approved site, they have no objections in extending the same drive-thru approvals to the new operator.
Commissioner Don Walz turned to staff for clarification regarding the proposed sign area relief. Senior Planner Arquette explained that further relief is being requested to allow for a larger front and side wall sign. Commissioner Walz expressed that if relief is offered to Smoothie King to allow for a larger sign above their tenant space, it will not align with the remaining tenant spaces which are in conformance with the PUD ordinance. There was discussion amongst all Plan Commissioners whether the size of the sign on this unit will be appropriate.
Assistant Director Bernacki showed the Plan Commissioners the proposal for Wing Stop, the second end cap tenant on the opposite site of the building. Mr. Kolber explained that the text size of both signs, Smoothie King and Wing Stop, will be similar, however, because of the orientation of the text and Smoothie King’s “crown” logo, the sign area has increased. Commissioner Walz and the Plan Commissioners came to the consensus that the relief requested was appropriate for the tenant space.
Chairwoman Dawn Ellison confirmed with Senior Planner Arquette that no direction signs have been included in the proposal.
There were no further comments. Chairwoman Ellison requested a motion to close the public hearing.
A MOTION was made to close the public hearing to consider Petition No. 24-11.02
MOTION: Commissioner Ron Hahn
SECOND: Commissioner Jeff Peterson
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
Chairwoman Dawn Ellison requested a motion to approve the petition.
A MOTION was made to approve Petition No. 24-11.02, requesting approval of a Special Use Permit for Drive Through Food Service for Smoothie King, subject to the following conditions:
1. All public improvements and site development must occur in full compliance with the submitted plans and all applicable Village codes, ordinances, and Municipal Services (Engineering, Public Works, Planning and Building) site design standards, practices and permit requirements.
2. The petitioner is required to meet all development requirements of the Huntley Fire Protection District.
3. A railing/fencing shall be provided within the front patio seating area.
4. All directional signs shall have a brick base.
5. No building plans, construction permits, sign permits, or Certificates of Occupancy are approved as part of this submittal.
MOTION: Commissioner Jeff Peterson
SECOND: Commissioner Dennis O’Leary
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
C. Petition No. 24-11.03, Shops on Vine LLC., as Owner, Relating to the property located at 10514 and 10520 N. IL Route 47, Request for Site Plan Review for a parking lot reconfiguration and expansion, including the necessary relief, in accordance with the plans that have been submitted to, and are on file with, the Village of Huntley.
Chairwoman Dawn Ellison turned to Village staff to begin the PowerPoint presentation to review the petition.
Assistant Director Scott Bernacki thanked the Chairwoman and introduced the request for Site Plan Review for a arking lot reconfiguration and expansion on the property located at 10514 and 10520 N. IL Route 47
Assistant Director Bernacki noted that the property is located generally at the northeast corner of Route 47 and Algonquin Road. The property is within the “B-3” Shopping Center Business district. Assistant Director Bernacki provided background on the tenant, Warhouse Barbell, and noted that tenant has operated a successful health and fitness center and is ready to expand into the central portion of the building, which is currently vacant. The expansion of the fitness center requires an increase in off-street parking requirements. The owner proposes to reconfigure and expand the existing parking lot in order to accommodate the expansion.
Assistant Director Bernacki described the interior floor plan and expansion, noting that the expansion includes a new exercise floor, storage areas, restrooms, and a posing booth. Assistant Director Bernacki continued, outlining the parking breakdown for the property which includes the vacant office space and the pre-existing apartment units. A total of 59 parking spaces are required, and the existing parking lot supports a total of 35 parking spaces.
Assistant Director Bernacki provided an overview of the petitioner’s proposed expansion and reconfiguration of the parking lot, including a 14’ encroachment of the parking lot onto the property immediately south of the subject site. The proposed changes would add 14 spaces to the site, accounting for a total of 49 parking stalls in the reconfigured lot. In consideration of the request for relief for parking reduction, the owner proposes the installation of bike racks to encourage alternate modes of transportation to the fitness center. Assistant Director Bernacki added that the owner and the tenant intend to execute a reciprocal parking agreement.
Assistant Director Bernacki stated that the owner proposes to remove the mature tree that exists in the southern landscaped island as well as freshen up each landscape island within the lot. The proposal presents the re-planting of two trees on the site.
Staff noted that the proposal calls for the removal of ±1,600 square feet of existing green space to accommodate the pavement for additional parking stalls. A 5-foot buffer strip will be preserved between the parking lot and the Bowl-Hi building. The buffer strip also includes the existing overhead utility pole, mechanical equipment, and a/c condensing units. A total of 10 arbor vitae are proposed to provide physical and visual barrier of this area. Relief will be required to allow the proposed change from the existing 85% lot coverage to nearly 99%.
Assistant Director Bernacki outlined the parking and lot coverage relief requested by the applicant.
Assistant Director Bernacki stated that Staff recommends the following conditions be applied should the Plan Commission forward a positive recommendation to the Village Board including:
1. All public improvements and site development must occur in full compliance with the submitted plans and all applicable Village codes, ordinances, and Municipal Services (Engineering, Public Works, Planning and Building) site design standards, practices and permit requirements.
2. The petitioner is required to meet all development requirements of the Huntley Fire Protection District.
3. The petitioners shall comply with all final engineering revisions to be approved by the Village Engineer and Development Services Department.
4. Wheel stops shall be installed in the five (5) parking stalls adjacent to the front of the building located on 10514 Route 47.
5. The Owner shall file and record the necessary covenants and easements with the McHenry County Recorder.
6. A complete seal coating and restriping of the parking lot shall be completed to enforce the new parking lot layout.
7. No building plans, construction permits, sign permits, or Certificates of Occupancy are approved as part of this submittal.
Assistant Director Bernacki concluded the presentation and returned the floor to Chairwoman Ellison.
Chairwoman Ellison requested a motion to open the public hearing.
A MOTION was made to open the public hearing to consider Petition No. 24-11.03
MOTION: Commissioner Dennis O’Leary
SECOND: Commissioner Don Walz
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
Chairwoman Ellison stated that this is a public hearing and anyone wishing to testify must be sworn in. The following persons were sworn in: Owner, Don Zielinski of Shops on Vine LLC; Architect, Paul McVicker of Arc Con Associates; Tenant, Dimitrios Yatos and Anthony Yatos of Warhouse Barbell; and Assistant Director Scott Bernacki.
Chairwoman Ellison asked if the petitioner had any comments to add or present, to which Mr. McVicker provided background information on the expanding business, Warhouse Barbell. It was stated that the shared parking agreement would not impact operations of either the bowling alley or the fitness center.
Chairwoman Ellison asked if any other members of the public had any comments to add, to which there were none.
Chairwoman Ellison turned to the Plan Commissioners for comment.
Commissioner Don Walz noted that parking in that area is already tight under the existing conditions. Concern was expressed that given the proposed expansion of the fitness center; the proposal does not add enough parking to support the use. Commissioner Walz also voiced his disappointment in the proposed maximum lot coverage overage as presented, advocating for additional landscape and green space. Mr. McVicker noted that the green space is located in an area of the building that goes unnoticed to passersby, as it is located behind the building.
Assistant Director Bernacki alerted the Plan Commission that the property as it exists does no conform to the maximum lot coverage, as the coverage has already been exceeded on the site even without the expanded parking area.
Commissioner Dennis O’Leary clarified that Shops on Vine LLC. is the existing entity, as represented by Don Zielinski, that owns the property. Mr. McVicker explained for Commissioner O’Leary that the draft reciprocal easement agreements are to be recorded on the properties to ensure the parking spaces remain available and accessible to the tenants. Commissioner O’Leary commended the owner and tenant for developing a unique solution in attempt at combating the parking issues. Mr. McVicker continued that all options to add parking to the property were exhausted, including contacting neighboring businesses in attempt to purchase land for parking or to formulate shared parking agreements.
Commissioner Ron Hahn clarified with Mr. McVicker that the easement agreement will be recorded against the property, so that if a sale were to occur, all future owners must recognize and enforce the parking and access easements. Commissioner Hahn recognized that the property is located in an older portion of town and is accepting of the proposed parking reduction, which allows for the expansion of the business as opposed to keeping this portion of the building vacant.
Commissioner Jeff Peterson recognized that the fitness center use spreads the parking demand throughout the day and across varying days of the week. It was stated that although the use presents peaks and valleys in parking demand, the parking spaces provided should adequately support the user. Commissioner Peterson confirmed that the exterior canopy is to be removed and that no further building improvements are proposed as part of the site plan review.
Chairwoman Dawn Ellison confirmed with Assistant Director Bernacki that parking blocks will be added along all property lines and adjacent to all buildings. Chairwoman Ellison otherwise expressed support of the parking reduction.
Assistant Director Bernacki reviewed for Commissioner Walz the landscape enhancements that were being added to the islands within the parking lot.
There were no further comments. Chairwoman Ellison requested a motion to close the public hearing.
A MOTION was made to close the public hearing to consider Petition No. 24-11.03
MOTION: Commissioner Jeff Peterson
SECOND: Commissioner Dennis O’Leary
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
Chairwoman Dawn Ellison requested a motion to approve the petition.
A MOTION was made to approve Petition No. 24-11.03, requesting approval of a Site Plan Review for a parking lot reconfiguration and expansion on the property located at 10514 and 10520 N. IL Route 47, subject to the following conditions:
1. All public improvements and site development must occur in full compliance with the submitted plans and all applicable Village codes, ordinances, and Municipal Services (Engineering, Public Works, Planning and Building) site design standards, practices and permit requirements.
2. The petitioner is required to meet all development requirements of the Huntley Fire Protection District.
3. The petitioners shall comply with all final engineering revisions to be approved by the Village Engineer and Development Services Department.
4. Wheel stops shall be installed in the five (5) parking stalls adjacent to the front of the building located on 10514 Route 47.
5. The Owner shall file and record the necessary covenants and easements with the McHenry County Recorder.
6. A complete seal coating and restriping of the parking lot shall be completed to enforce the new parking lot layout.
7. No building plans, construction permits, sign permits, or Certificates of Occupancy are approved as part of this submittal.
MOTION: Commissioner Ron Hahn
SECOND: Commissioner Jeff Peterson
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
DISCUSSION
Director Nordman updated the Commission on the next Plan Commission meeting and ongoing projects within the Village.
ADJOURNMENT
There being no further items to discuss, a MOTION was made to adjourn the meeting at 7:30 pm.
MOTION: Commissioner Jeff Peterson
SECOND: Chairwoman Dawn Ellison
AYES: Commissioners Ron Hahn, Jeff Peterson, Dennis O’Leary, and Don Walz and Chairwoman Ellison
NAYS: None
ABSTAIN: None
MOTION CARRIED 5:0:0
https://huntley.diligent.community/document/15255/?lastModified=638699633294370000