HEARING OFFICER REPORT TO THE MCHENRY
COUNTY BOARD IN THE MATTER OF PETITION #2024-032
1. Recommendation: Approve
2. Applicant: Jason Timothy Spaargaren and Marla Curran Spaargaren, Owners of Record
3. Request: Variation within the R-1 Single-Family Residential district to allow for a setback of nine and six one-hundredths (9.06) feet from the required fifteen (15) feet from the north street lot line and a setback of seventeen and sixty-five one-hundredths (17.65) feet from the required twenty (20) feet from the west property line. (McHenry County Unified Development Ordinance §16.60.010.C)
4. Location and size of property in question: The subject property consists of approximately .14 acres and is located at the southeast corner of the intersection of North Avenue and Rose Avenue. Common address: 609 North Avenue, Crystal Lake, Illinois in Grafton Township. PIN: 18-02-429-001
5. Present at hearing:
Jason Timothy Spaargaren and Marla Curran Spaargaren, Applicants/Owners of Record
Michael J. McNerney, Hearing Officer
Kim Scharlow, County Staff; Kit GearhartSchinske, County Staff
Public: None
6. Date, time and location of the hearing: June 11, 2024 11:00a.m., County Board Conference Room at McHenry County Government Center, Ware Road Administration Building, Woodstock, IL 60098.
7. Items of evidence:
Official Site Plan, Application to allow variance, Natural Resource Information Report, McHenry-Lake County Soil & Water Conservation District Letter of L24-050-4606.
8. Summary of Testimony at the hearing:
The Hearing Officer opened the meeting at 11:10 AM and described the property and the request. He swore in the applicants and Staff.
Ms. Spaargaren stated that they would like to build a single story one (1) car garage attached to the two (2) story house. She stated that they do not currently have a garage. She stated that the septic tank and leach field are in the back yard, and the only place to put a garage is in the north side yard.
Mr. McNerney asked Staff to describe the setback requirements. Staff stated that there is a subdivision platted setback line of fifteen (15) feet on the north end of the property and a twenty (20) foot setback on the west side. Staff stated that the existing residence encroaches into the west side setback. Adding an addition would require a variance on both the west and north sides of the property.
Mr. McNerny asked if the garage will be in line with the home. Ms. Spaargaren stated that it will. Mr. McNerney asked when the home was originally built. Ms. Spaargaren stated that it was built in the 1950’s. Mr. McNerney asked Staff if the home, when originally constructed, would have been in compliance with the ordinance at that time. Staff stated that it was at that time.
Mr. McNerney asked if the applicants had talked to the neighbors. Ms. Spaargaren stated that they have, and the adjacent neighbors approve of the garage. Mr. McNerney asked what the traffic is like on Rose Avenue. Ms. Spaargaren stated that it is a dead-end road and most people driving down that road are residents. She stated that they are not impeding sight lines.
Staff stated that there is quite a bit of area between the lot line and the street. Staff does not foresee any sight line issues.
The Hearing Officer found that all of the Standards for Approval had been met and recommended approval of the request.
9. 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. The Witnesses have met their burden of establishing the necessary ordinance requirements. Accordingly, it is my recommendation that the petitioner’s request be granted.
Respectfully submitted,
/S/: Michael J. McNerney
Michael J. McNerney