City of McHenry Planning and Zoning Commission Minutes Chairman Strach called the regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Meyer, Miller, Walsh, Strach, and Thacker. Absent: Sobotta. Also in attendance were: Director of Economic Development Martin, City Attorney Chrzanowski, and Economic Development Assistant Wolf. Approval of Minutes Motion by Miller, seconded by Thacker, to approve the September 20, 2017 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Miller, Meyer, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Walsh. Absent: Sobotta. Motion carried 5-0. Public Hearing: Casey and Danuta Piskor File No. Z-916 3806 Waukegan Road Use Variance from Article IV. Residential Districts to allow a two-family dwelling at 3806 Waukegan Road Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No Z-916, an application for a use variance from Article IV. Residential Districts to allow a two-family dwelling at 3806 Waukegan Road as submitted by Casey and Danuta Piskor, 3250 N Pulaski Road, Apt. #304, Chicago, IL 60641. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on October 2, 2017. Notices were mailed to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk s Office. In attendance were Casey Piskor, 3250 N Pulaski Rd., Apt. #304, Chicago, IL 60641 and John Purda, 5011 E Lakeshore Dr., Wonder Lake, IL who were sworn in by Chairman Strach. Mr. Piskor provided a summary of the request before the Commission at this Hearing stating he is requesting the variance to allow his home to be sold and used in the same manner it has been used since he purchased it as a two-family dwelling.
Page 2 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is zoned RA-1 Attached Residential which permits single-family attached dwellings and townhouses however it does not allow two-family dwellings. A two-family dwelling is simply one building with two dwelling units and a multiplefamily dwelling is a building with three or more dwelling units and these can be on one lot and only located in the RM zoning districts whereas the RA-1 District solely permits single-family attached and townhouses (in groupings of six for fewer dwelling units). The subject property is a two-flat-with a unit on the first floor and a unit on the second floor. Each unit has a separate entrance and share a common driveway and one garage. The entrance to the first floor unit on the south side of the home, and the entrance to the second floor unit is on the east side of the home. In order to comply with the zoning ordinance the applicant is requesting a use variance to allow a two-family dwelling which is exactly what exists on the site now. The applicant is required to obtain a use variance to make the subject property comply with the City s zoning ordinance (become legal) whereas it is currently non-conforming because the use, while it exists is not permitted in the zoning district. Additionally, the owner purposely left both units vacant, to restore and fix, for more than 30 consecutive days, thus the nonconforming two-flat cannot be reestablished, without complying with the zoning ordinance. Approval criteria to be considered when evaluating a request for a use variance were presented. Maintaining the RA-1 zoning and approving a use variance to allow a two-family dwelling makes sense because it allows these buildings, in the older part of town to remain, many constructed in the nineteenth century and continue to be utilized as they were intended. However under the RA-1 zoning the building cannot be utilized for more than two dwelling units but could be used as a single-family dwelling so there is some flexibility to this regard. Director of Economic Development Martin stated staff recommends approval of a Use Variance at 3806 Waukegan Road to allow a two-family dwelling be granted and all requirements in Table 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker stated this is pretty much the same as a recent request they had and he sees no issues. Chairman Strach opened the floor to questions and comments from the audience. Jin Youn McNamara and Tom McNamara, 3804 Waukegan Rd., McHenry were sworn in by Chairman Strach prior to addressing the Commission. Ms. McNamara stated her concern is the owner was renting the property at one time and 14-15 people were in the building at one time between the two units. When they had visitors it was very crowded and many cars. She stated the most previous tenants were good, clean and peaceful peoples as neighbors but some
Page 3 tenants earlier were not very good people. She and her husband would rather see it kept as a single-family home. She explained she was not even sure that Mr. Piskor was aware of the previous issues with tenants because she and the other neighbors never informed him of the issues and they had no issue with Mr. Piskor because he maintained the property very well and tried hard to pick good tenants. They love living in McHenry and want to remain as peaceful residents. Mr. Thomas McNamara commented that his house next door is a single-family home purchased in 1982 and looks exactly the same as the subject house and he opined the subject house was modified at some point to make it a two-family dwelling. Director Martin explained the code enforcement and zoning regulations in the City as well as the newer rental registration program. Director Martin also explained the building code dictates the number of people allowed in a dwelling unit. He further stated the same issues could happen whether it was one unit or two but would need to be addressed with the police or the building department as a code enforcement issue. If a two-family dwelling is approved the owner would have to follow regulations for that type of unit. Commissioner Strach clarified there are several other homes on the street that have the same zoning and may come before the commission in the future. He also clarified when Mr. Piskor purchased the home in 1994 it was already a two-family dwelling. Commissioner Meyer asked if the 30-day vacancy non-conformity issue could be amended. Director Martin said it could be amended to 60-days or some other time period and that will be addressed by the Plan Commission when updating city plans and maps. Chairman Strach closed the public comment portion of the hearing at 8:00 p.m. Commissioner Miller stated she is happy these types of issues are being addressed and brought to the City s attention. Motion by Meyer, seconded by Walsh, to recommend to the City Council with regard to File No. Z-916, approval of an application for a Use Variance to allow a two-family dwelling at 3806 Waukegan Road be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Aye: Doherty, Miller, Meyer, Walsh, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Sobotta. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-915 at 8:05 p.m.
Page 4 Review of updates to Existing Land Use and Zoning Maps and Statutory Regulations pertaining to Planning and Zoning Commission Responsibilities The following items were discussed: Discuss Planning and Zoning Commission General Statutory Responsibilities Director of Economic Development Martin stated this discussion is an overview of the statutory responsibilities of the Planning and Zoning Commission as they relate to: Comprehensive Planning, Zoning; Subdivision; Extraterritorial Planning Jurisdiction; purpose of boundary agreements and the current boundary agreements the City of McHenry has in place; provide a brief overview of concurrency and consistency polices and also discuss major land use and transportation changes since last update of 2005 Future Land Use Map and 2008 Update of Comprehensive Plan and Development Polices Update and also begin a preliminary discussion on a public input strategy. Provide overview of major land use and transportation changes since 2005 Future Land Use Map Update and 2008 Comprehensive Plan and Development Policies Update. Director Martin stated the Commission needs to look at what has changed since the plans and maps were looked at last time. He opined the best way to proceed is to look at the Comprehensive Plan presented and determine if it is still current and realistic when making changes and updating the maps. Commissioner Meyer asked if copies of boundary agreements would be provided to which Director Martin answered affirmatively. Review Existing and Future Land Use Maps and Relationship to Zoning Map and Comprehensive Plan and Zoning and Subdivision Ordinances Director Martin explained the core downtown sub-area map and a blank map were presented to update factually the current land use map for existing conditions. The future land use map is a policy document that explains what we want to see in the future on each property. The zoning map is the regulatory version of the future land use map as well as the zoning ordinance and the subdivision ordinance; these two combined are a unified development ordinance. Further explanation was given. Commissioner Thacker inquired how school district properties are identified on the maps. It was suggested they be designated as school property rather than institutional. Discuss concurrency and consistency policies Director Martin stated concurrency addresses items such as when building a subdivision, making sure the improvements are done is the infrastructure there, is sewer there, etc. to service the properties. It may address dates being suggested for when final improvements need to be completed, which at the present time has been an issue in some developments. This could be done in the form of an agreement and working with the developers so there is follow-through on the developments so we don t have to recall bonds. Consistency is making sure the land use plan, comprehensive plan and subdivision control ordinance are all consistent. Discuss developing policy for consistency for City of McHenry
Page 5 Making sure a policy is in place to amend the maps when changes are made in the future is pertinent and will be something for the commission to contribute to. Provide overview of City of McHenry s existing boundary agreements and their purpose Director Martin stated there are presently 5 boundary agreements which are usually in effect for 20 years. Those agreements actually expire in 2019-2023 having been entered into 20 years ago. Director Martin gave an explanation of the reason behind boundary agreements and asked the commission to help draw the boundary lines for the new/renewed agreements and determine future zoning needs in this area. Discussion ensued. Commissioner Miller noticed Wonder Lake and Lakemoor are not on the list of boundary agreements. Director Martin stated he would like to see agreements with them but the length of time it takes depends on how agreeable the municipalities working relationship is. Discussion ensued and Director Martin stated any new agreements do not have to be for 20 years but new term lengths can be determined by the commission. Discuss Public Input Strategy Each part of process using different strategies - newsletters, social media, surveys, random sampling post it notes on a computer program focus groups, off=site meetings (i.e. at library) being as inclusive as possible including those without computer access if necessary. Director Martin stated the January agenda should include focus of time on the maps and policy decisions done in November and December. Commissioner Strach stated everything in place should be dictating the decisions made but are not being done that way now. Director Martin stated the intent is to continue working on providing a good base to work off of. RECOMMENDATION Direct Staff to Ensure Existing Land Use Map is accurate and have HR Green Update and include overlay of existing transportation (vehicular and non-vehicular) plans and current boundary agreements with citations about their expiration dates (December meeting) Direct Staff to Establish Consistency Policy for presentation to Planning and Zoning Commission (November meeting) All Commissioners are in agreement with this proposed timeline and City Council will be updated on the progress. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, November 15, 2017. There are two cases expected on that agenda.
Page 6 Adjournment Motion by Thacker, seconded by Doherty, to adjourn the meeting at 8:30 p.m. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Walsh. Motion carried 6-0. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Dorothy M. Wolf, Economic Development Assistant