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Hearing officer pauses McHenry County variance request after neighbor objections and permit questions
Summary
A hearing officer continued a request to allow a 23-foot detached accessory structure at 5207 West Palaski Road after neighbors raised procedural and commercial-use concerns; the applicant was told to submit information addressing compliance and alternatives before a May 12 hearing.
Hearing officer Michael Mcernney continued a McHenry County zoning variance request for a detached accessory structure at 5207 West Palaski Road to 11 a.m. on May 12 so staff and neighbors can review additional materials and the applicant can explore ways to bring the building into compliance.
The applicant, identified in the petition as Jose Gomez and represented in part by Omar Gomez (who said he is a general contractor), asked for a variance from the R1 single-family residential district standard to allow a maximum detached-structure height of 23 feet 2.5 inches instead of the 18-foot limit. The property was described as roughly 0.41 acres with a one-and-a-half-story residence, a wood deck, asphalt drive and a pole barn under construction; the common address was given as 5207 West Palaski Road.
Omar Gomez told the hearing the 40-by-40 structure (about 1,600 square feet) is intended primarily to store a private collection of classic cars inherited by the family, plus a car-hauler trailer. He said the cars are currently stored in Texas and would be brought back a few at a time for restoration; some might later be sold. He said the loft under the gable roof was planned for additional storage and that reducing the ridge or altering the roof pitch would require design changes or rebuilding.
County staff (Kim) said hobby repair and storage of an owner’s own vehicles generally is allowed, but retail sales or repair work for others is not permitted from a residential property. Staff advised that any work involving fluids or drainage should be reviewed by the health department.
Neighbor Renado Walk (5203 Palaski Road) read a prepared statement opposing the variance, alleging the structure was built to 23 feet before the required variance was approved, calling it out of character for the street and raising the prospect that the building could be used for commercial vehicle storage or repairs tied to the applicant’s transmission shop. Walk also alleged a pattern of permit noncompliance for additions to the applicant’s house.
Hearing officer Mcernney said the procedural and factual issues raised by neighbors — including whether permits were pulled and whether the hardship is unique to the property — merited further review and recommended continuing the matter so the applicant could provide information about remodeling or other affordable options to meet the height limit. The applicant agreed to the continuance.
Next steps: The hearing was continued to 11 a.m. on May 12 for additional evidence and a compliance plan; any formal recommendation from the hearing officer will still go to the McHenry County Board for final action.
