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HomeMy WebLinkAboutMinutes - 1/8/1996 - Zoning Board of Appeals ZONING BOARD OF APPEALS JANUARY 8, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF STANLEY AND MARY JURCZYK ) Z-399(4) AND THE CITY OF MCHENRY FOR ) JURCZYK ZONING WITH A CONDITIONAL USE ) 2906 W RTE 120 PERMIT PURSUANT TO THE ZONING ) C5, CONDITIONAL USE ORDINANCE OF THE CITY OF ) MCHENRY, MCHENRY COUNTY, ) ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the .ibove-captioned petition was held on October 2, 1995, October 23, 1995, November 20, 1995, November 27, 1995 and recessed to this date. Chairman Semrow called the hearing to order at 7:28 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr, Frank McClatchey. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Katlileen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Peddoners: City of McHenry represented by Director of Building & Zoning Lobaito; Property owner represented by tenant Mitchell "Zeke" Zeman Salk, The Custom Gun Shop, 2908 W route 120, McHenry Illinois 60050. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter, Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notification requirements have been followed is on file in the office of the City Clerk. � LOCATION The subject property is located at 2906 West Route 120 McHenry. Page 2 ZBA-Jurczyk 1/8/96 SUMMARY � The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Permit be granted to allow an indoor amusement establishment (firing range). TESTIMONY Chairman Semrow swore in the following witnesses for the Pe6doners: John A. Lobaito, 333 S Green St McHenry Illinois 60050. Mitchell "Zeke" ;eman Salk, 2908 W Route 120 McHenry Illinois 60050. Lobaito said this hearing had been recessed so that the Board could have an opportunity to ask questions of the business owner of the Gun Shop and shooting range. The subject property is the site of the Custom Gun Shop. This is a multi-tenant property which also houses a beauty salon, a bicycle shop and a florist shop. Lobaito said that the gun shop is the sole tenant in the basement of the building. Entry is gained through a common vestibule with the bicycle shop. Customers either enter the bicycle shop on the main level or go downstairs to the gun shop. There are seven lanes in the firing range. There is also a retail display and sales of guns and accessories. Salk said he has leased the gun shop for the past 3 and one half years. He has one fulltime employee and two parttime employees. He said the firing range has been at this locadon for at least 35 years. there is a 12 inch thick spancrete ceiling which would prohibit any stray bullets from going through to the main floor of the building. The walls are comprised of the foundation of the building and are also impermeable as far as ammunition from the guns is concerned. Salk said that the firearms in his `, establishment are regulated by the FFL. There is a bullet trap at the back of the range which is made of angle iron stee°. Salk said that dur,ng his proprietorship there has been one injury but it did not involve someone being hit by a stray bullet. QUESTIONS BY MEMBERS OF THE BOARD Christensen asked if there are any age restricdons for those who are allowed to shoot at the range. Salk said that an owner must be at least 21 years of age. He does not rent guns on the site. all who shoot must be adults or be accompanied by an adult. Christensen asked about lead removal. Salk said the lead is removed from the site about twice per year by scrap metai haulers. Tobeck asked the busiest season of the year. Salk said winter is the busy season. Swierk asked if the City should be interested or require to see the operators license each year. Lobaito said the federal government regulates fire arms and the city would not interfere. There is not state firearms authority. The city would not become involved unless there were complaints generated by the activity at the establishment. McArdle asked the hours of operation. Salk said the typical hours of operation are as follows: � 11 am - 7 pm Monday 11 am - 9 pm Tuesday - Friday 9 am - 5 pm Saturday, Sunday. Page 3 ZBA-Jurczyk I/8/96 Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, � the Board will consider the Petition at this dme, unless there is a modon to recess by a member of the Board. There being no motion to recess, the Chair will entertain a modon with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by Swierk, seconded by Lovett to recommend to the City Council that the Petitioners request that the subject property be reclassified from E Estate Zoning District to CS Highway Commercial District be granted; that the request for a Conditional Use Permit to allow an indoor amusement establishment (firing range) be granted; and that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the zoning ordinance have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. Voting Nay: None. Not Vodng: None. Abstaining: None. Absent: Bwr, McClatchey. Motion carried 5-0. Chairman Semrow adjourned this hearing at 7:42 p.m. � Respectfully submitted , Harry Se w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director o€ Building hc Zoning, Public Works, Administradon, City Attomey, Engineering Inspector, Pedtioner Jurczyk, Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commissic n Chairman, Northwest Herald, McHenry Sta.r News, City Clerk File. Z-399(4) � ' ZONING BOARD OF APPEALS JANUARY 8, 1996 CITY OF MCHENRY IN THE MATTrR OF THE APPLICATION ) � OF JEFF KLEINHANS AND THE CITY ) Z-399(19) OF MCHENRY FOR ZONING, A ) KLEINHANS CONDITIONAL USE PERMIT AND A ) VARIANCE PU RSUANT TO THE ) ZONING ORDI_NANCE OF THE CITY OF ) W RTE 120 MCHENRY, MCHENRY COUNTY, ) C5, CONDITIONAL USE ILLINOIS. ) I-1, VARIANCE REPORT OF THE 20NING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-capdoned petition was held on November 6, 1995 and was recessed to allow for republicadon of the notice to include corrected legal description and the request for a condidonal use for the open sales lot on the proposed commercial properties. Chairman Semrow called the hearing to order at 7:08 p.m. T'he following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr, Frank McClatchey. 2. Attorney for Zoning Board: David McArdle. `,,. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito; Property owners represented by Jeff Kleinhans, P O Box 355, McHenry Illinois 60050. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Rep�.�rter; Cheryl Barone. 9. Registered Observers/Objectors: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on December 22, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An A�davit of Service ascertaining that all notification requirements have been followed is on file in the o�ce of the City Clerk. �... 'Page 2 ZBA-Kleinhans 1/8/96 LOCATION ,� The subject property is located on West Route 120 McHenry Illinois 60050 at southwest corner of its intersection with Norkhside Avenue. SUMMARY The Petitioners are requesdng that the subject property be reclassified as follows: Edgewater Sub. Block 8, Lots 1,2,3,4,5,6, from E- Estate District to I-1 Industrial District. Edgewater Sub. Block 8, Lots 7,8,9 from E - Estate District to GS Highway Commercial District Chicago Road Sub. Part of lot 13 from E - Estate District to GS Highway Commercial District Portion of vacated North Avenue from E - Estate District to GS Highway Commercial District The Petitioners request that the subject property be granted a Conditional Use Permit to allow the following elcisting use thereon: Open sales lot for the sale of automobiles and trucks, limited to lot 8,9, and 13 of Parcel 1. The Petitioners request that the subject properly described as Edgewater Sub. Block 8, Lot 5 and 6 be granted a variance as t�r a) the 15,000 square foot area to allow a lot area of 6,250 square feet; and b) minimum lot width of 100 feet requirements to allow lot width of 50 feet. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John Lobaito, 333 S Green Street McHenry IL 60050. � Attorney McArdle said this matter had been recessed to this date to allow for public notice as to the conected legal description of the subject property and to request that a conditional use to allaw an open sales lot be granted on the subject property. This request had inidally been omitted from the petition and the previously published legal notice. Mr. Kleinhans has previously testified before this Board with regard to his business operation on this site. UESTIQNS BY MEMBERS OF THE BOARD Christensen asked what the property had been zoned by the County prior to annexadon. Lobaito said the property along Route 120 was zoned B 1 and B2. The property along Northside Avenue was zoned Iv. Christensen asked if all parking requirements were being met. Lobaito said the City has not addressed bulk requirements on previous petitions. If the Petitioner would add on or modify his structures or business operation, he would have to comply with all bulk requirements including parking and landscaping. Christensen asked for clarification as to why the variance was being recommended as to the minimum lot width and minimum area of lots 5 and 6. Lobaito said that according to county zoning ordinance, those lots are considered buildable as industrially-zoned lots. These lots do not meet the minimum requirements of the industrial district with regard to minimum lot width and area, so they would be rendered unbuildable unless the variance is granted. Lobaito said that it has been the position of the City Council that all of the East of the River property owners should not lose whatever they had in the county prior to the annexadon. Discussion ensued regarding the requested variance and the need for the variance in order to maintain � the buildability of lots 5 and 6 of the subject property. McArdle said the City has done the best that it could in treadng all property owners equally. Page 3 ZBA-Kleinhans 1//8/96 Chairman Semrow said, "there being no further testimony before this Board with regazd to this matter, � the Board will consider the Petition at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with rega.rd to the Petidon." DELIBERATION AND RECOMMENDATION Motion by Swierk, seconded by Lovett to recommend to the City Council that the Pedtioners' request that the subject property be reclassified as follows Edgewater Sub. Block 8, Lots 1,2,3,4,5,6, from E - Estate District to I-1 Industrial District. Edgewater Sub. Block 8, Lots 7,8,9 from E - Estate District to GS Highway Commercial District Chicago Road Sub. Part of lot 13 from E - Fstate District to GS Highway Commercial District Portion of vacated North Avenue from E - Estate District to GS Highway Commercial District be granted; that the Peddoners request for a Condidonal Use Permit to allow the following existing use thereon: Open sales lot for the sale of automobiles and trucks, limited to lot 8,9, and 13 of Parcel 1. be granted; that the Petidoners request that the subject property described as Edgewater Sub. Block 8, Lot 5 and 6 be granted a variance from: a) the minimum 15,000 square foot lot area to a lot area of 6,250 square feet; and b) the minimum lot width of 100 feet to a lot width of 50 feet. � that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; that the Approval Criteria for Variances, Table 32, pages 377-378 of the zoning ordinance have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the zoning ordinance have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: Nor►e. Absent: Burr, McClatchey. Motion carried 5-0. Chauman Semrow adjourned this hearing at 7:28 p.m. Respectfully submitted � Harry Se ow, Chairman Zoning B ard of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7}, City Administrator, Director of Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector, � Petitioner Kleinhans, Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(19) � ZONING BOARD OF APPEALS JANUARY 8, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF DAVID A ZICKUS, SR, FOR ZONING ) Z-399(25) AND A USE VARIANCE PURSUANT TO ) ZICKUS THE ZONING ORDINANCE OF THE ) TOOL LAND CITY OF MCH�'sNRY, MCHENRY ) 2350 W RTE 120 COUNTY, ILLINOIS. ) C5, USE VARIANCE REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on November 27, 1995 and was recessed to this date. Chairman Semrow called the hearing to order at 9:42 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Toheck. Absent: Tom Burr, Frank McClatchey. 2. Attorney fc�r Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioner: David A Zickus, Sr, 109 Augusta Drive McHenry Illinois 60050. 6. Attorney far the Petitioner: Kenneth Clark, 425 Lake Street, P O Box 325 Antioch Illinois 60002. 7. City Council Members: None. 8. Court Repc►rter: Cheryl Barone. 9. Registered Observers/Objectors: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on November 10, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notificadon requirements have been followed is on file in the office of the City Clerk. LOCATION The subject propeity is located at 2350 West Route 120 McHenry, and is the location of Tool Land. �UMMARY \... The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Use Variance be granted to allow the following: 1. (4) trailers used for the warehousing and distribution of inerchandise; Page 2 ZBA-Zickus 1/8/96 2. Warehousing; �„ 3. Distribution; 4. Outdoor tent sales (unlimited time and number); 5. Outdoor flags (unlimited time and number); 6. Outdoor signs (unlimited time and number). TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: David A Zickus Sr, 109 Augusta Drive McHenry Illinois 60050. Attomey Clark stated that there are two issues which are being contended by the City and are the main reason why the City is not co-petitioning on this application. The fust issue is the e�tistence of four trailers which are being used for warehouse and storage of inerchandise on the site outside of the main building. The trailers are enclosed and mobile. Approximately 50% of the materials stored in the trailers is used as inventory by the store on the premises. The other 50% is inventory for other locations. Clark 5aid the Petitioner would be willing to limit the storage and warehouse to the four existing trailers oii the site. The storage of inerchandise is necessary to accommodate large quantity purchases by the �wner. In this way he can purchase at a better price and thereby offer reduced prices to his pairons. Clark said the sec��nd issue is the request for a conditional use to allow a billboard on the site. Zickus said the billboard is permitted according to county ordinance. In fact, a permit has been issued by the county for the construction of the billboard in June of 1993. After discussion, it was determined that �. the request for a condidonal use for the billboard had not been included in the public notice. Clark said the Petitioner would like to ask for whatever relief is necessary in order to erect a billboard on the site. Discussion followed regarding the accuracy of the legal description provided as Exhibit A of the Pedtion. McArdle said the Board should recess the hearing until the following items have been addressed: l. Verify legal description; 2. Amend Petition to request a conditional use permit to allow one billboard on the premises; 3. Republish legal notice which reflects above changes. Clark said there is a fifty foot buffer from the trailers to the rear property line. In addition, there is a 50' berm along the rear (north) property line. Christensen asked if storage or warehouse of materials in trailers is permitted by county ordinance. Lobaito said it is not. Semrow said this is an issue which must be addressed. Is the storage of inventory in trailers permitted under the existing county ordinance? If this is not allowed in the county, then this use is currendy non-conforming. MOTION TO RE ESS Modon by Swierk, seconded by Tobeck to recess this hearing subsequent to re-publicadon as stated by Attorney McArdle. � Page 3 ZBA-Zickus 1/8/96 Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. 4 Voting l�ay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey. Motion carried 5-0. This hearing was recessed at 10:09 p.m. Res ectfully submi , Harry Se ow, Chairman Zoning Board of Appeals c: Agenda, Zorung Board of Appeals('�, Plan Commission(7), City Administrator, Director of Building&Zoning, Public Works,Administration,City Attomey,Engineering Inspector,Petitioner Zickus,Aldermen Reference Copy, Building&'I.oning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(25) � � ZONING BOARD OF APPEALS JANUARY 8, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF HENRY M RETEK AND THE CITY OF ) Z-399(36) MCHENRY FOR ZONING WITH A ) RETEK CONDITIONAL USE PERMIT PURSUANT ) TO THE ZONIN G ORDINANCE OF THE ) 2807 W RTE 120 CITY OF MCHENRY, MCHENRY ) C5, CONDITIONAL USE COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned peddon was held on October 16, 1995, October 23, 1995, November 20, 1995, Novemher 27, 1995 and recessed to this date. Chairman Semrow called the hearing to order at 7:42 p.m. The following persons were in attendance: L Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr, Frank McClatchey. 2. Attorney fc►r Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. �, 4. Director of Building & Zoning: John A. Lobaito. 5. Pedtioners: City of McHenry represented by Director of Building & Zoning Lobaito; property owner represented by Henry Retek, 2714 Knob Hill Road McHenry Illinois 60050. 6. Attomey fur the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, SO N Virginia Street Crystal Lake Illinois 60014. 7. City Counril Members: None. 8. Court Repc+rter: Cheryl Barone. 9. Registered Observers/Objectors: None. NOTIFICATIOIV Notification of this hearing was published in the Northwest Herald on September 29, 1995. The Publisher's Certificate of Publicadon is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notification requirements have been followed is on file in the office of the City Clerk. LOCATION The subject property is located at 2807 West Route 120 McHenry. �... SUMMARY The Petidoners are requesting that the subject property be reclassified from E Estate District to CS �Page 2 �BA-Retek 1/8/96 Highway Commercial District and that a condidonal use permit be granted to allow outside storage on � the premises. TESTIMONY Chairman Semrow swore in the following witness for the Petitioners: John A. Lobaito, .333 S. Green Street McHenry Illinois 60050. Henry Retek, 2714 Knob Hill Road McHenry Illinois 60050. Lobaito said the property is located just east of Jessup Manufacturing along Route 120. The current uses on the property are single family dwelling and a plumbing business with outside storage. McArdle went over the Approval Criteria for reclassification and conditional uses as stated in the Petition. Lobaito said the conditional use is being requested for the outside storage behind the two car garage of plumbing materials including cast iron pipe, PVC, cement pipe and a job trailer which is currently parked onsite. Lovett asked if there should be a use variance granted to allow the existing single family dwelling to remain onsite. Lobaito said some petitioners have requested a use variance for such pre-exisdng uses and others have nc►t. They have chosen to retain a non-conformity status and would be subject to the requirements of the non-conformities chapter of the zoning ordinance. In this instance the petitioner did not choose to seek a use variance. Retek stated that his business has been in operation at this locadon for 2 and one half years. He operates �,,, a sma11 commercial plumbing company. He employs 5 plumbers and 2 secretaries. The dwelling on the site is used as the business office. McArdle asked the Pedtioner if he would be willing to limit the outside storage to the area south of the exisdng two car garage. The Petitioner concurred and the Petition was so amended. Retek stated that the outside storage is setback approximately 150 feet from Route 120. Christensen asked what size trailer is being stored on the premises. Retek said it is a 28 foot working trailer. It is moveci from job location to job location. Lovett asked the approximate size of the area of outside storage. R.etek said it is approximately 24' X 24'. All pipes stored on site are new pipes. Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, the Board will consider the Petition at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a modon with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by Swierk. seconded by Lovett to recommend to the City Council that the Petitioners' request that the subject property be reclassified from E Estate Zoning District to CS Highway Commercial District be granted; that the request for a conditional use to permit the outside storage of plumbing supplies and job trailer south of the existing garage be granted; that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 � of the zoning ordinance have been met. ,- Page 3 'ZBA-Retek 1//8/96 Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. � Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey. Motion carried 5-0. Chairman Semrow adjourned this hearing at 7:55 p.m. Respectfully submitted y Harry Semro , Chairman Zoning Bo of Appeals c: Agenda, Z��ning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building &. Zoning, Public Works, Administration, City Attomey, Engineering Inspector, Petitioner :Retek, Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(36) � � ' � ' ' ZONING BOARD OF APPEALS JANUARY 8, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) `,,,� OF RONALD D MONACO AND MONACO'S ) Z-399(40) RESTAURANT, AND THE CITY OF ) MONACO'S MCHENRY, FOR ZONING WITH A ) 2816 W RTE 120 CONDITIONAL USE PERMIT PURSUANT ) C5, CONDITIONAL USE TO THE ZONING ORDINANCE OF THE ) CITY OF MCHFNRY, MCHENRY COUNTY, ) ILLINOIS. � REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on November 27, 1945 and was recessed to this date. Chairman Semrow called the hearing to order at 9:23 p.m. The following persons were in attendance: l. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Toheck. Absent: Tom Burr, Frank McClatchey. 2. Attorney fc>r Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of'Building & Zoning: John A. Lobaito. 5. Petitioners: City of McHenry represented by Director of Building & Zoning I.�baito; property owner represented by Ronald Monaco, 2816 W Route 120 McHenry Illinois 60050. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, SO N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Repc►rter: Cheryl Barone. 9. Registered Observers/Objectors: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on November 10, 1995. The Publisher's Certificate of Publicadon is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that a11 notification requirements have been followed is on file in the office of the City Clerk. LOCATION �.. The subject property is located at 2816 West Route 120 McHenry, and is the location of Monaco's Restaurant. 'Pxge 2 ZBA-Monacos 1/8/96 SUMMARY � The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Permit be granted to allow the following uses: 1. Restaurant/bar having live entertainment and dancing; 2. Game room; 3. Outdoor recreational establishment having volleyball and horseshoe pits; 4. Serving alcoholic beverages and food on outside deck. TESTIMONY Chairman Semrovv swore in the following witnesses for the Petitioners: John A Lobaito, 333 S Green Street McHenry Illinois 60050. Ronald D. Monaco, 2816 W Route 120 McHenry Illinois 60050. Lobaito said the subject property is located at 2816 West Route 120. McArdle went over the approval Criteria for reclassification and the Approval Criteria for conditional uses. Monaco said he is the beneficiary of McHenry State Bank Trust No. 4034 which is the owner of record of the subject property. He said that he operates a business on the site which is a tavern and restaurant having live entertainment, bands, dancing. Monaco said he had an outdoor horseshoe pit at one point. It was not in place last year as the site needs to be leveled for the pits. There is an outside deck where patrons may take their cocktails and sandwiches. Monaco said there are approximately 8 mechanical devices and by ordinance that would constitute a game room. All devices are located in the bar area. �, There is no separate game room on site. Monaco said that the volleyball court is actually located on VFW property and not on the Monaco property. He agreed to strike the volleyball court from the request for conditional use permit as this is not located on this site. The Petition was amended on its face. Monaco said there is no outside bar. L�baito said there would be no outside sales of food or alcoholic beverages. Patrons would be able to take their food or beverages outside of the building onto the deck. Lobaito said that adult entertainment would not be permitted. Chairman Semrow said, "there being no further tesdmony before this Board with regard to this matter, the Board will consider the Petidon at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND REGOMMENDATION Motion by Swierk, seconded by Lovett to recommend to the City Council that the Pedtioners' request that the subject property be reclassified from E Estate Zoning District to CS Highway Commercial District be granted; that the request for a conditional use to p,ermit the following: � Izage 3 ZBA-Monacos 1/8/96 RestauranUbar having live entertainment and dancing; Game room; � Outdoor recreational establishment having horseshce pits; Serving alcoholic beverages and food on outside deck; be granted; that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the zoning ordinance have been met. Vodng Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. Voting Nay: None. Not Vodng: None. Abstaining: None. Absent: Burr, McClatchey. Motion carried S-(). This hearing was adjourned at 9:42 p.m. Respectfully submitted � ����C�,f Harry Se , Chairman Zoning Board of Appeals � c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building &. Zoning, Public Works, Administration, City Attomey, Engineering Inspector, Pedtioner Monaco, Aldermen Reference Copy, Building & zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(40) � ZONING BOARD OF APPEALS 3ANUARY 8, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF TCI OF ILLINOIS INC, AN ILLINOIS ) Z-399(42) CORPORATION, AND THE CITY OF ) TCI OF ILLINOIS MCHENRY FOR ZONING WITH A ) CONDITIONAL USE PERMIT, PURSUANT } 2508 W RTE 120 TO THE ZONING ORDINANCE OF THE ) C5, CONDITIONAL USE CITY OF MCHENRY, MCHENRY ) COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on January 8, 1996. Chairman Semrow called the hearing to order at 7:55 p.m. The following persons were in attendance: 1. �oning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr, Frank McClatchey. 2. Attorney fc►r Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Petidoners: City of McHenry represented by Director of Building & Zoning Lobaito; property owner represented by Ann Meyer, 336 Nichols Drive, Sycamore Illinois and Robert Weber, 302 Luna.r Drive Round Lake Illinois. 6. Attomey f�>r the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, SO N Virginia Street Crystal Lake Illinois 60014. 7. City Counc il Members: None. 8. Court Repc+rter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Irene Betke, 2503 W Country Lane McHenry IL 60050 2. Susan aka Sasha Betke, 2503 W Country Lane McHenry IL 60050. NOTIFICATION Nodfication of this hearing was published in the Northwest Herald on December 22, 1995. The Publisher's Certifi�;ate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to a11 abutting properties via certified mailing. An Affidavit of Service ascertaining that all nodficadon requirements have been followed is on file in the office of the City Clerk. � .. �page 2 ZBA-TCI 1/8/96 LOCATION � The subject property is located at 2508 West Route 120 McHenry and is the site of the local TCI of Illinois office. �iJMMARY The Petitioners are requesdng that the subject property be reclassified from E Estate District to CS Highway Commercial District and that a condidonal use permit be granted to allow the following: Outside storage of CATV equipment; Outside storage of satellite dish antennas and television towers. TESTIMONY Chairman Semrow swore in the following witness for the Pedtioners: John A. Lobaito, 333 S. Green Street McHenry Illinois 60050. Ann Meyer, 336 Nichols Drive Sycamore Illinois Robert Weber, 302 Lunar Drive Round Lake Illinois. Lobaito said the property is located just west of Adams Enterprises and east of Rose Auto Sales. The property is currendy being used as a cable TV station. McArdle went over the Approval Criteria for reclassification and conditional uses as stated in the Petition. Lobaito said the conditional use is being requested for the outside storage of the CATV equipment, satellite dish antennas and television towers. � Meyer stated that she is the general manager at the McHenry office. She is in charge of operations, employees and acUvities at the local office. There is currendy one operating antenna which was erected in 1991. It is 100 feet high. It has several antennas coming off of it. There are seven or eight satellite dish antennas as fi�llows: (4) 4.7 meter dishes on the northwest corner of the property (1) 3.7 meter dish south of the 4.7 meter dishes (2 or 3) 1 meter dishes mounted on the building at the southeast corner. One 4.7 meter dish was erected in September 1995. One rooftop dish was added in July 1995. the other six have beez� in place for at least 12 months. Meyer stated that no special permits were needed in the county in oi�der to be able to erect the dishes. Weber said that the outside storage consists of rolls and spools of cable, fiber optic cable, PVC pipe, quarter inch strands, pedestals, copper ground rods and assorted stakes, rods and parts. The warehouse on the property is filled with the same type of materials. Weber said that the spools and rolls are removed from time to time when there is sufficient quantity to be picked up by waste or recycle haulers. Weber said that there are in excess of 100 spools on site currendy which are being stored outside of the building. 95% of all outside storage is contained within the fenced-in area. The chain link fence does not have privacy slats. Weber stated that TCI is in the process of rebuilding. that is the reason for so much outside storage at this time. QUESTIONS BY �VIEMBERS OF THE BOARD �,.. Christensen asked if any spools are stored west of the building. Weber said that occasionally there is some storage in that area. Christensen asked how many vehicles are typically stored outside overnight. Weber said 5 or 6. Page 3 ZBA-TCI 1//8/96 � Lovett asked the area that TCI services from this location. Meyer said the area extends from the Great Lakes naval base to the east to Barrington to the south to Spring Grove to the north and west to Woodstock and Wonder Lake as well as many villages and municipalities in between. All of McHenry, and much of rural McHenry County, is serviced by this facility. All equipment for this service area is stored and comes out of the McHenry office. Lovett asked if the satellite dishes are active or passive. Weber stated that at this time they are all passive - they only receive but do not send signals. The tower is passive as well. Weber said that if TCI gets into the telephony market, it is possible that some of the antenna or an additional tower might be active. Lovett asked if the Petitioners parked vehicles on the site outside of the fenced-in area. Weber said sometimes vehicles are parked outside of the fenced-in area. Lobaito said that any additional service, towers or satellite dish antennas would require a building permit and in some insta.nces require addidonal zoning hearings. Discussion followed regarding limiting the number of satellite dishes and antennas as restricted by the e�sting county zoning ordinance. McArdle suggested that the Board consider limiting the number of dishes and antennas as restricted by the previously imposed county ordinance. Swierk said he would prefer to recess the hearing until the exact county restrictions are known. Lovett said that with regard to paragraph 9B of the Petition, if TCI should implement telephony towers, that would consdtute an increase in the intensity of the use and he is not in agreement with the statement made in paragrapb 9B stating that "There is no proposed change of existing uses of this property" as a result of the granting of the conditional use. Lovett asked that this statement be stricken from the �, Petition. The Pedtioners agreed to strike this sentence from the Petition. Discussion followed regarding placing restricdons on the Peddoner with regard to the maximum number of satellite dish antennas and towers on the site. Chairman Semrow called for a recess at 8:45 p.m. The hearing was reconvened at 8:52 p.m. will all still in attendance. McArdle stated that he confened with the Petitioners during the recess. The Petitioners would like to be permitted to keep the exisdng 8 sa,tellite dish antennas and one tower, subject to verification as to this number by Directar Lobaito. The Petition was amended to request that the conditional use be granted for the existing 8 satellite dish antennas and one tower in addition to the outside storage of CATV equipment on the ;;ite. Lovett said he had concerns regarding the proposed telephony business. That would not constitute the same type of business operation as cable TV and this Board should not grant that use as a part of the conditional use because it is not present on the site at this time. That would certainly represent a more intense use of this property. McArdle said the petitioners have already agreed to strike the first sentence in the response to paragraph 9B of the petition and this should satisfy Mr. Lovett's concerns. McArdle said that if the Petidoners at some point want to bring in a telephony service as a part of their business they would have to obtain and permits, condidonal uses, etc. as required by the City of McHenry ordinances. `., McArdle asked if the areas of outside storage is acceptable to the Board. There is currendy outside storage between the building and the street on the east side of the property and north of the building to the north property line. It was the consensus of the Board that at some point the outside storage be Page 4 �BA-TCI 1/8/96 restricted to the fenced-in area. `.- S�UESTION OF THE WITNESSE BY THE OBJECTORS Irene Betke: What will you do with the outside storage in order to screen it from my property? what is this outside storage doing to my property values? Weber said that TCI is in the process of procuring slats for the chain link fence and this should help to screen the outside storage from the Betke property which is immediately north of the subject property. Swierk asked if the slats in the fence would help the view from the Betke residence. Mrs. Betke said it would. Lovett asked Betke how long she has resided at this location. She said she has lived at this location since 1959. Lovett asked Betke how long the TCI has been a problem- when did it become an eyesore? Betke said about one and one half years. Lovett asked how many times Betke had complained to the county. Betke said she did not complain to the county. Semrow asked if the slats were put in the fence would it help the situation. Betke said it would. Semrow asked the distance of the fence from the south building line of the residence. Labaito said 40- 50 feet. Semrow asked when the slats would be installed in the fence. Meyer said they would be in place by March 1, 1996. Susan Betke: When are the Petitioners going to address the problems indicated in the pictures which I have provided to them. Weber said the slats in the fence should help the situation. Swierk said that with regard to the outside storage which is located outside of the fenced-in area, when does the Petitioner andcipate that this would be removed. Lobaito asked the Petitioners if it would be � possible to ultimately get all of the outside storage contained in the fenced-in area? Lobaito asked the Petitioners to provide a date when this would be possible. Weber said this would be done within eighteen months. Semrow said the outside storage should be contained within the slatted fenced-in area no later than August 1997. Weber said that it is their intent to slat the entire fence. Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, the Board will consider the Petition at this dme, unless there is a modon to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petidon." DELIBERATION AND F('nMMENDATION Motion by Swierk, seconded by Lovett to recommend to the City Council that the Petitioners' request that the subject property be reclassified from E Estate Zoning District to CS Highwav Commercial District be granted; that the request for a conditional use to permit the following: Outside storage of CATV equipment; (8) Satellite dish antennas and (1) television tower; be granted; that the condidonal use be granted subject to the following conditions: 1. Outside stc�rage be contained within existing fenced-in area no later than August 1, 1997; 2. All chain link fencing shall be equipped with privacy slats to provide screening from adjacent residential �- property no later than March 1, 1996; Page 5 ZBA-TCI 1/8/96 that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, � have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the zomng ordinance have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey. Motion carried 5-0. Chairman Semrow adjourned this hearing at 9:23 p.m. Respectfully submitted ��,-�� Harry Se ow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attorney, Engineering Inspector, `„ Petitioner TCI, Observers/Objectors (2), Aldermen Reference Copy, Building& Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(42) �..