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HomeMy WebLinkAboutMinutes - 11/27/1993 - Zoning Board of Appeals I ZONING BOARD OF APPEALS " NOVEMBER 27, 1995 " CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF FRANK P RODGERS AND ) Z-399(46) CATHERINE M RODGERS FOR ZONING ) RODGERS AND CONDITIONAL USE PERMIT, ) RODGERS AUTOMOTIVE PURSUANT TO THE ZONING ) 3107 W LAKE ST ORDINANCE OF THE CITY OF ) C5, CONDITIONAL USE MCHENRY, MCHENRY COUNTY, ) ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on thf� above-captioned petition was held on November 6, 1995 and recessed to this date. Chairman Semrow called the hearing to order at 7:35 p.m. The following persons were in attendance: l. Zoning Board Members: Tom Burr, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Peddoner: Frank and Catherine Rodgers, 3107 W Lake Street McHenry Illinois 60050. 6. Attomey for the Petitioner: None. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. NOTIFICATION Notificadon of this hearing was published in the Northwest Herald on November 10, 1995. The Publisher's Certiticate 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 notificatic►n requirements have been followed is on file in the office of the City Clerk. LOCATION The subject property is located at 3107 West Lake Street McHenry Illinois and is the location of Rogers � Automotive. � Page 2 ZB1�-Rodgers � 11/27/95 �UMMARY � The subject prop�rty was annexed into the City on November 1, 1995. 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: motor vehicle repair on the subject premises; outside storage of vehicles and waste oil. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: Frank P Rodgers, 3107 W Lake St McHenry Illinois 60050 Catherine M Ralgers, 3107 W Lake St McHenry Illinois 60050. Attorney McArdle said the hearing had been recessed to allow for the publication of legal notice with regard to the request for conditional use permit for outside storage on the subject property. This had been inidally omitted for the petition and from the original legal notice with regard to this matter. Frank Rodgers said that he stores waste oil on the site in 55 gallon drums. The drums are stored at the southeast comer��f the property. The vehicle storage is principally on the north side of the property and the southeast corner of the property, south of his shop. Rodgers said there are approximately 10-15 vehicles being stored outside at any one time. Rodgers said that he has spoken with John Lobaito regarding the manner of outside storage of waste oil on the premises. He has been made aware that he must comply with Illinois Environmental Protection Agency (IEPA) requirements with regard to this matter. Rodgers said that most of the storage of vehicles occurs on his private property and not in the � public right of way, which was the concern of this Board at the last hearing. Semrow said he would have a problem supporting this request, unless there is a definite commitment on the part of the Pedtioners to rectify the conflict with the IEPA and the outside storage of wast oil on the site. Rodgers said he is willing to comply with IEPA requirements as soon as possible. Semrow asked if the Petitioner would agree to having the drum properly contained and stored on concrete pad and be properly covered, and meet all requirements of the IEPA, within 6 months of the date upon which this zoning request is approved by the City Council. Rodgers said he would agree to that condition by the Board. Tobeck asked how often the drums are emptied. Rodgers said they are emptied 3-4 dmes per year. Safety Kleen hauls away the waste oil. Rodgers said there are 5-6 drums on site where the waste oil is stored. 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 motion with regard to the Peddon." MOTIOI�[ TO RECESS Motion by McClatchey, seconded by Tobeck 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 Zoning District be granted; that the Petidoners' request for a conditional use permit to allow the following uses: �Page 3 ZB�-Rodgers � 1 U27-95 �, 1. Auto repair facility; 2. Outside storage of waste oil; 3. Outside storage of vehicles; be grantect; that the following restriction be placed upon the condidonal use permit: 1. The Petitioners be required to comply with a11 IEPA requirements as to storage of waste oil on the subject premises, within 6 months of the date of approval of the conditional use by the City Council; 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, page 357-358 of the zoning ordinance, have been met. Voting Aye: Buxr, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Lovett, Swierk. Modon carried 4-0. This hearing was adjourned at 7:49 p.m. Respectfully submitted � Harry Se ow, Chairman Zoning B d 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, Petidoner Rodgers, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning File, L.andmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(46) � ZONING BOARD OF APPEALS NOVEMBER 27, 1995 � CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) `, OF RONALD U MONACO AND MONACO'S ) Z-399(40) RESTAURANT, AND THE CITY OF ) M�NACO'S MCHENRY, FOR ZONING WITH A ) 2$16 W RTE 120 CONDITIONAL USE PERMIT PURSUANT ) C5, CONDITIONAL USE TO THE ZONING ORDINANCE OF THE ) CITY OF MCH ENRY, MCHENRY COUNTY, ) TLLINOIS. � REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-capdoned petition was held on November 27, 1995. Chairman Semrow called the hearing to order at 7:53 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 2. Attomey 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. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. Ciry Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. GENERAL OVERVIEW OF PR EEDINCS Attomey McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the eighth in a series of public hearings at which the zoning reclassification of recendy annexed property east of the river will be considered. City Council's direction has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In all cases where this is being requested, � the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a ~Page 2 ZBA-Monaco's 11/27/,95 co-petidoner and the applicants will represent themselves at the hearing. � McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entided "Zoning Board Hearing Dates' which idendfied which parcels will be heard on each of the five tentative hearing dates. Also entered into the record on August 21, 1995 was Petitioners Exhibit 2 entided "Plat af Anneaation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record on August 21, 1995, was a document entided "McHenry County Zoning Use Graups" marked as Petitioners Exhibit 3. NOTIFICATIOI� Nodfication of diis hearing was published in the Northwest Herald on November 10, 1995. The Publisher's Certiiicate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sen� to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notificadc�n requirements have been followed is on file in the office of the City Clerk. LOCATION The subject propt;rty is located at 2816 West Route 120 McHenry, and is the location of Monaco's Restaurant. SUMMARY The Pedtioners 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 rcwm; 3. Outdoor recreational establishment having volleyball and horseshce pits; 4. Serving alcohoiic beverages and food on outside deck. McArdle asked that the Board recess this matter until January 8, 1996. MOTION TO RE .4S Motion by McClatchey, seconded by Tobeck to recess this hearing until January S, 1996 at 7:00 p.m. at which time the business owner was requested to be present to offer testimony pertaining to the request for the conditional use permit on the subject premises. Voting Aye: Burr, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Lovett, Swierk. �. 'Page 3 ZBA-Monaco's 11/27/95 � Motion carried 4-0. This hearing was recessed at 7:55 p.m. Respectfully submitted Harry Se w, Chairman Zoning Board of Appeals c: Agenda, "loning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building ��i Zoning, Public Works, Administradon, City Attomey, Engineering Inspector, Petitioner Monaco, Observers/Objectors (2), 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 , NOVEMBER 27, 1995 CITY QF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF SHELL OII. COMPANY FOR ZONING ) Z-399(37) A CONDITIONAL USE, AND USE ) SHELL OIL COMPANY VARIANCE, PURSUANT TO THE ZONING ) 3110 W RTE 120 ORDINANCE OF THE CITY OF ) C5, USE VARIANCE MCHENRY, MCHENRY COUNTY, ) AND CONDITIONAL USE ILLINOIS. � REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY QF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on November 27, 1995. Chairman Semrow called the hearing to orcler at 8:00 p.m. The following persons were in attendance: 1. Zoning B��ard Members: Tom Burr, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Pedtioners: Shell Oil Company represented by Michael Paul Keintz, 1415 West 22nd Street, Oak Brook Illinois 60522. 6. Attorney f'or the Petidoner: Bischoff Maurides and Swabowski Ltd represented by George Maurides, Suite 2600, 311 S Wacker Drive Chicago Illinois 60G06. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60p50. 2. Anton Rebel, 4009 Maple Avenue McHenry IL 60050. GENERAL OVERVIEW OF PR FEDIN TS Attomey McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the eighth in a series of public hearings at which the zoning classification of recently annexed property east of the river will be considered. City Council's direction has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In a11 cases where this is being requested, �, the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co- pedtioner and the applicants will represent themselves at the hearing. Page 2 ZBA-She11 11/27/95 McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 � endded "Zoning Board Hearing Dates" which identified which parcels will be heard on each of the five tentadve hearing dates. McArdle entered into the record Petitioners F.�rhibit 2 entitled "Plat of Annexation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record is "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. 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 nodfication requirements have been followed is on file in the office of the City Clerk. LOCATION The subject property is located at 3110 W Route I20 McHenry Illinois 60050, and is the location of the Shell Gas Station and Convenience Store. �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 an automobile service stadon within 600 feet of any other automobile service station; that a Condidonal Use Permit be granted to allow the subject premises to be used as an automobile service station with a food mart and liquor sales. TESTIMONY � Chairman Semrow swore in the following witnesses for the Pedtioners: Michael Paul Keintz, 141$ West 22nd Street, Oak Brook Illinois 60522. Keintz stated that he is the area real estate representative for Shell Oil Products. Maurides summarized the reqaest contained in the Petition. He noted that the subject property was zoned B2 in the county prior to annexation to the City. The cusrent zoning is E Estate and the Peddoners are seeking reclassification to CS Highway Commercial Zoning District. The current use of the property is an automobile service station and a convenience stare. Maurides stated that the Petitioners are seeking to ultimately install a car wash on the site, if they are able to purchase additional abutting property. In that event, a CS zoning district would be required. Maurides stated that the conditional use and use variance are being requested in order that the present operation on the site can continue and still be in conformance with the city zoning ordinance. The conditional use is required because of the use as a service station. The Use Variance is required because the service station is within 60Q feet of an e�sting service station. Maurides pointed out that both service stations were already in operadon at the time of annexation into the city. QUESTIONS OF THE WITNESS BY MEMBERS OF T BO�R McClatchey asked if a car was would be permitted in a CS District. Lobaito said that is correct. Semrow asked if the Petitioners anticipated putting a car wash on the subject property. Keintz said additional property would have to be purchased as the site is not large enough to accommodate a car � wash. Semrow asked if the Petitioners were actively seeking additional property at this time. Keintz said they are not. � page 3 ZBA-Shel1 11/27/95 Tobeck asked if the property is in conformance with the sign ordinance. Lohaito said he is not sure. � Tobeck asked the Petidoner how many signs are located on the site at this time. Keintz reiterated from the Petition the existing signage at the site. Maurides said tht; appropriate zoning for this property is CS whether there is an intent to put in a car wash or not. The property is nearly surrounded with CS zoned property at this time. The only property which is not zoned CS would be the property to the east (C3) and the property to the northwest (R54). Chairman Semrow said, "there being no further testimony before this Board with regard to the Petidon the Board will consider the Petition at this dme, unless there is a motion to recess by a member of the Board. There be�ng no motion to recess, the Chair will entertain a motion with regard to the Pedtion. DELIBERATION AND RE MMENDATION Motion by Burr, seconded by McClatchey to recommend to the City Council that the Pedtioners' request to reclassify the subject property from E-Estate District to C5-Highway Commercial District be granted; that the request for a use variance to allow an automobile service station within 600 feet of another automobile service station be granted; that the request for a conditional use permit to a11ow the subject premises to be used as an automobile service station having a food mart and liquor sales be granted; that the Approval Criteria for Rezoning, Table 33, page 401 of the Zoning Ordinance, have been met; that the Approval Criteria for Use Variances, Table 32A, page 379 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: Bwx, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. A�sent: Christensen, Lovett, Swierk. Motion carried 4-0. ADJOUIZNMENT There being no further testimony before this Board with regard to this matter, this hearing was adjourned at 8:14 p.m. Respectfully submi ed ��,c/� Harry Semr , Chairman Zoning Board of Appeals c: Agenda, Zoning Boatd of Appeals(7), Plan Commission('n, City Administrator, Director of Building&Zoning, Public Work�,Administration,City Attorney,Engineering Inspector,Petitioner Shell Oil,Observers/Objectors(2), Aldermen Reference Copy, Building&Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(37) � ZONING BOARD OF APPEALS NOVEMBER 27, 1995 CITY OF MCHENRY •IN THE MATTFR OF THE APPLICATION ) � OF HENRY M RETEK AND THE CITY OF ) Z-399(36) MCHENRY FOR ZONING WITH A ) RETEK CONDITIONAI, USE PERMIT PURSUANT ) TO THE ZONING ORDINANCE OF THE ) 2807 W RTE 120 CITY OF MCHENRY, MCHENRY ) CS, CONDITIONAL USE C4UNTY, 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 October 16, 1995, October 23, 1995, November 20, 1995, and recessed to this date. Chairman Semrow called the hearing to order at 7:55 p.m. The following persons were in attendance: l. Zoning Board Members: Tom Burr, Frrdnnk McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Pedtioner: City of McHenry represented by Director of Building & Zoning Lobaito. 6. Attomey 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: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. NOTIFICATION Notificadon of this hearing was published in the Northwest Herald on September 29, 1995. The Publisher's Certificate of Publicadon is on file in the o�ce 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. ^Page 2 ZBA-Retek 11/27/95 SUMMARY � The Petidoners are requesdng that the subject property be reclassified from E Estate District to CS Highway Commercial District and that a condidonal use pemut be granted to allow outside storage on the premises. DISCUSSION It was the consen.sus of the Board that the Petitioner be requested to be present to testify and provide input to the Board with regard to his business on the subject premises. The Chairman asked that the Petidoner be notified in writing via certified mail, retum receipt requested, that he be present on January 8, 1996, to speak on behalf of his request for a conditional use for outside storage on the subject property. The Chairman asked that the Petitioner be advised that if he is not present on January 8, 1996, to present testimony, the request for a conditional use will be stricken from the Fetition. MOTION TO RECES� Motion by Tobeck, seconded by McClatchey, to recess this hearing until January S, 1996 at 7:00 p,m. at which time the Petitioner was requested to be present to offer testimony pertaining to the reyuest for the conditional use permit and the outside storage on the subject premises; if the Peddoner is not present on January 8, 1996 to offer testimony, the request for a conditional use permit will be stricken form the Pedtion. Voting Aye: Burr, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. � Abstaining: None. Absent: Christensen, Lovett, Swierk. Motion carried 4-U. This hearing was recessed at 7:57 p.m. Respectfully submitted Harry S 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 Attomey, Engineering Inspector, Petitioner Retek,Observers/Objectors(2),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 � NOVEMBER 27, 1995 ' CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF FRED O'HALLERAN AND THE CITY ) Z-399(32) OF 1VICHENRY FOR ZONING AND A ) FRED O'HALLERAN CONDITIONAI. USE PERMIT PURSUANT ) BULL'S EYE WINDSHIELD REPAIR TO THE ZONING ORDINANCE OF THE ) 3014 W RTE 120 CITY OF MCHENRY, MCHENRY ) C5, CONDITIONAL iTSE 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 September 18, 1995, October 2, 1995, October 23, 1995, November 20, 1995, and recessed to this date. Chairman Semrow called the hearing to order at 7:13 p.m. The following persons were in atkendance: 1. Zoning Board Members: Tom Burr, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 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; Greg O'Halleran, 4206 W Crystal Lake Road McHenry Illinois 60050. 6. Attomey for the Petidoner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Iake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. NOTIFICATION Notification of this hearing was published in the Northwest Herald on September l, 1495. The Publisher's Certificate of Publicadon is on file in the office of the City Clerk with regard to this matter. Nodces 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 property is located at 3014 West Route 120 McHenry and is the location of the Bull's Eye Windshield Repair business. . Page 2 ZBA-O'Halleran . 11/27/95 SUMMARY � The Pedtioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Condidonal Use Permit be granted to allow outside storage and vehicle repair and service. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry Illinois 60050. (ireg O'Halleran, 4206 W Crystal Lake Road McHenry Illinois 60050. Attomey McArdle said the hearing was last recessed undl such dme as the Petitioner could be present to provide the Board with informadon regarding the conditional use for outside storage on the premises. O'Halleran said that the need for outside storage is for the Bull's Eye Windshield Repair business. They sometimes store vehicles outside which are awaiting repair. The vehicles are stored to the east and north of the building. There is no other outside storage on the site. O'Halleran said there are usually no more than two vehicles being stored outside at any given time. They are usually not stored for more than one day. O'Halleran said there is room for two vehicles inside of the building. O'Halleran said the tenants have a month to month lease with his father who actually owns the building. Prior to these tenants occupying the site, A-1 Drywall, which is owned by the O'Hallerans, occupied this site and there was no outside storage on the premises. OUESTIONS OF THE WITNESS�S BY MEMBFRS OF THE BOARD � Tobeck asked how many cars would be stored outside at any given time. O'Halleran said there would be a maximum of two cars at any time. McArdle said it would be possible for the Board to limit the outside storage to the north and east sides of the building and to limit the outside storage to no more than two vehicles ovemight. McArdle said that the Board could limit the conditional use to the length of the tenancy of Bull's Eye Windshield Repair. Semrow said that if Bull's Eye terminated their lease, the owner of the properiy would not be able to bring in another tenant who required outside storage without additional relief from this Board. Semrow asked O'Halleran if he thought his father could accept those conditions. O'Halleran said he believed those conditions would be approved by his father. The Petition was amended on its face to reflect the afore-mentioned conditions. Chairman Semrow said, "there being no further tesdmony before this Board with regard to this matter, the Board will consider the Petition at this dme, 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 Petidon." DELIBERATION AND RE MMENDATION Motion by McClatchey, seconded by Burr, 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 Zoning District be granted; that the request for a conditional use to allow the f'ollowing uses: Outside storage; vehicles repair and service, be granted; that the �. conditional use be granted subject to the following conditions: . P,�ge 3 ZB�4-O'Halleran �11/27/95 1. Outside storage of vehicles be restricted to the north and east of the building �,, on the subject premises; 2. Overnight outside storage of vehicles be restricted to a ma7cimum of two vehicles on the subject premises; 3. The duration of the conditional use permit shall be concurrent with the tenancy of Bull's Eye Windshield Repair; that the A�proval 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: Burr, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Lovett, Swierk. Motion carried 4-0. This hearing was adjourned at 7:25 p.m. Respectfully s mi ed �.C�.i � Harry S ow, Chairman Zoning oard 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 O'Halleran, Observers/Objectors (2), Aldermen Reference Copy, Building& Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(32) � ZONING BOARD OF APPEALS ' NOVEMBER 27, 1995 • CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF WILLIAM A NYE & LORRAINE W ) Z-399(26) NYE, NYE AUTO DOCTOR AND THE ) NYE CITY OF MCHENRY FOR ZONING AND A ) NYE AUTO DOCTOR CONDITIONAI. USE PURSUANT TO THE ) ZONING ORDINANCE OF THE CITY OF ) 2318 W RTE 120 MCHENRY, MCHENRY COUNTY, ) C5, CONDITIONAL USE ILLINOIS. � REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-capdoned petidon was held on November 6, 1995 and was recessed to this date. Chairman Semrow called the hearing to order at 7:25 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Frank McClatchey, Harry Semrow, Danna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 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 William A Nye, 2318 W Rte 120, McHenry Illinois 60050. 6. Attomey 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 Repc�rter: Cheryl Barone. 9. Registered Observers/Objectors: l. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 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. Nodces 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. � � ' Page 2 � ZBA-Nye , 11/27/95 LOCATION � The subject property is located at 2318 West Route 120 McHenry Illinois 60050, and is the location of Nye Auto Doctor. SUMMARY The Peddoners are requesting that the subject property be reclassified from E Estate District to C-5 Highway Commercial Zoning District and that a condidonaI use permit be granted to allow the following uses on the subject premises: Motor vehicle and recreational vehicle service and repair. Outside storage of vehicles. TESTIMONY Chairman Semro�v swore in the following wimesses for the Pedtioners: John Lobaito, 33:i S Green Street McHenry IL 60050. William A Nye, ?318 W Rte 120, McHenry IL 60050. Attorney McArdle said this matter had been recessed to this date to allow for public nodce as to the request for a conditional use to allow outside storage on the subject property. This request had initially ben omitted for the petition and the previously published legal notice. Mr. Nye has previously testified before this Board with regard to his business operation on this site. Nye summarized his previous testimony before the Board. He operates a general automobile repair � facility. There is also a detailing operation in the rear of the building. At any given dme, there could be as many as 15-20 cars stored outside on the subject premises. Nye said that sometimes cars are not picked up by their owners for an extended period of time. That could be as long as 3-4 weeks. McArdle asked how often does a car remain on site for more than two weeks. Nye said it occurs pretty regularly. Nye said that he dces not take action to have the vehicles removed from the site until the vehicles have been abandoned for 6 months or longer. McArdle asked where the vehicles are stored outside on the side. Nye said the cars ar parked on the east, west and south sides of the building. Additionally, he has installed a gravel area on the northwest comer of his property where vehicles are also parked. Nye said his business has been in operation for 8 years. The volume of his business has remained consistent throughout the years. 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 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 Petition." DELIBERATION AND RE MMENDATION Motion by Tobeck, seconded by McClatchey 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 Zoning District be granted; that the request for a condidonal use permit to allow the following uses: � + ��Page 3 . ZBA-Nye . 11/27/95 � 1. Motor vehicle and recreational vehicle service and repair; 2. Outside storage of vehicles on the east, west, south and northwest sides of the building; 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: Burr, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Lovett, Swierk. Motion carried 4-0. Chairman Semrow adjoumed this hearing at 7:35 p.m. Respectfully submitted \..- Harry Se ow, Chairman Zoning B d 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 Nye, Observers/Objectors (2), Aldermen Reference Copy, Building&Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(26) � ZONING BOARD OF APPEALS NOVEMBER 27, 1995 . 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 MCHENRY, 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-capdoned pedtion was held on November 27, 1995. Chairman Semrow called the hearing to order at 7:53 p.m, The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. �„ 5. Petitioner: Absent. 6. Attomey fi�r the Petitioner: Absent. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: l. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. S�ENERAL OVERVIEW OF PROCEEDIN � Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the eighth in a series of public hearings at which the zoning reclassification of recendy annexed property east of the river will be considered. City Council's direction has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In all cases where this is being requested, the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co- petitioner and the applicants will represent themselves at the hearing. � McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Farhibit 1 entided "Zoning Board Hearing Dates' which identified which parcels will be heard on each of the Page 2 ZBA-Zickus 11/27/95 five tentative hearing dates. Also entered into the record on August 21, 1995 was Petitioners Exhibit � 2 entitled "Plat of Annexation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record on August 21, 1995, was a document entitled "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATI�N Nodficadon 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 notification requirements have been followed is on file in the office of the City Clerk. LOCATION The subject properiy 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; 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). L TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry Illinois 60050. McArdle asked that the Board recess this matter until January 8, 1996. MOTION TO REGES Motion by McClatchey, seconded by Tobeck to recess this hearing until January 8, 1996 at 7:OQ p.m. at which time the husiness owner was requested to be present to offer testimony pertaining to the request for the Use Variance on the subject premises. Voting Aye: Burr, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Lovett, Swierk. Motion carried 4-0. This hearing was recessed at '7:55 p.m. Respectfully sub ' d �ll�lc�/ Harry Se ow, Chairman Zoning Board of Appeals c: Agenda, Zomng Board of Appeals(�, Plan Commission(7), City Administrator, Director of Building&Zoning, � Public Works, Administration, City Attorney, Engineering Inspector, Petitioner Zickus, Observers/Objectors (2), Aldermen Reference Copy, Building&Zoning Zoning File, Landmazk Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(25) � � ZONING BOARD OF APPEALS . NOVEMBER 2'7, 1995 CITY OF MCHENRY IN THE MATTI'sR OF THE APPLICATION ) � OF SHIRLEY S`TRACH, DANIEL STRACH ) Z-399(24) d/b/a COMMUA(ITY AUTO PARTS & ) STRACH SALES, AND THE CITY OF MCHENRY ) COMMUNITY AUTO PARTS FOR ZONING, A CONDITIONAL USE ) 3021 W RTE 120 PERMIT AND A USE VARIANCE, ) C5, CONDITIONAL USE PURSUANT TO THE ZONING ) and USE VARIANCE ORDINANCE OF THE CITY OF ) MCHENRY, MCHENRY COUNTY, ) ILLINOIS. � REPORT OF THE ZUNING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned pedtion was held on September 18, 1995, recessed to October 2, 1995, November 6, 1995, and was recessed to this date. Chairman Semrow called the hearing to order at 7:50 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 2. Attomey for Zoning Board: David McArdle. � 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of'Building & Zoning: John A. Lobaito. 5. Peddoner: City of McHenry represented by Director of Building & Zoning Lobaito. 6. Attorney f�r the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, :i0 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 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. � Page 2 ZBA=Strach +11/27/95 LOCATION � The subject proper-hy is located at 3021 West Route 120 McHenry and is the location of the Community Auto Parts & Salf�s business. SUMMARY The Peddoners are requesting that the subject property be reclassified from E Estate Disirict to CS Highway Commerciai District; that a Conditional Use Permit be granted to allow motor vehicle repair and service, outside storage of cars, trucks, boats, and trailers for sale and/or for repair, and an open sales lot of automobiles; that a Use Variance be granted to permit a residential dwelling unit (apartment) and two single family dwellings on the subject premises. TESTIMONY Chairman Semrow swore in the following witness for the Pedtioners: John A Lobaito, 333 S Green Street McHenry Illinois 60050. Attomey McArdle said the hearing was recessed due to the fact that the entire legal description for the subject property was not included in the legal notice. Lots 3 and 4 had been omitted. The hearing has been properly noticed for today's date. Attomey McArdle said that all testimony had been given with regard to this petition before the Board. McARdle asked that the Board deliberate on this matter at this time. Chairman Semrow said, "there being no further testimony before the Board with regard to this matter, �. the Board will consider the Petition at this time, 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 Petition." DELIBERATION AND RECOMMENDATION Motion by Tobeck, seconded by Burr, 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 Zoning District; that the request for a conditional use permit to allow the following uses: 1. Motor vehicle repair and service; 2. (hrtside storage of cars, trucks, boats, and trailers for sale and/or for repair; 3. ()pen sales lot of automobiles; be granted; that the request for a use variance to allow the following nses: 1. Residential dwelling unit (apartment); 2. Two single family dwellings; be granted; that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the zoning ordinance, have been met; and that the Approval Criteria for Use `. Variances, Table 32A, page 379 of the zoning ordinance, have been met. � Page 3 ZBA'Strach �11/27/95 �, Voting Aye: Burr, McClatchey, Semrow, Tobeck. Voting Nay: No�ie. Not Voting: None. Abstaining: None. Absent: Christensen, Lovett, Swierk. Motion camed 4-0. This hearing was adjourned at 7:53 p.m. Respectfully submitted �� Harry Semro , Chairman Zoning Boar 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 Strach, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. L, Z-399(24) � � ZONING BOARD OF APPEALS NOVEMBER 27, 1995 , C�TY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF STANLEY A ND 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 4F ) 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 October 2, 1995, October 23, 1995, November 20, 1995, and recessed to this date. Chairman Semrow called'the hearing to order at 7:53 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: Randy Christensen, Chuck Lovett, John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Peddoner: City of McHenry represented by Director of Building & Zoning Lobaito. 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: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Anton Rebel, 4009 Maple Ave McHenry IL 60050. NOTI�ICATION 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 groperty is located at 2906 West Route 120 McHenry. Page 2 ZBA-Jurczyk 11/27/95 SUMMARY � The Petitioners ar� requesdng that the subject property be reclassified from E Estate District to CS Highway Commerrial 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 Petitioners: John A. Lobaito, 333 S Green St 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. Lobaito said that the proprietor of the Gun Shop, "Zeke", was unable to attend this hearing. He is planning to be present on January S, 1996. McArdle asked that the Board recess this matter until January 8, 1996. MOTION TO RECESS Motion by McClatchey, seconded by Tobeck to recess this hearing until January 8, 1996 at 7:00 p.m. at which time the husiness owner of the gun shop and firing range was requested to be present to offer testimony pertaining to the request for the conditional use permit and the indoor amusement establishment on the subject premises. Vodng Aye: Burr, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. � Abstaining: None. Absent: Christensen, Lovett, Swierk. Motion carried 4-0. This hearing was recessed at 7:55 p.m. Respectfully submitted Harry S ow, Chairman Zoning oard 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 Jurczyk, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning Fi1e, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk Fi1e. Z-399(4) �