HomeMy WebLinkAboutMinutes - 11/20/1995 - Zoning Board of Appeals � ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
CITY OF MCHENRY
.
` IN THE MATTF:R OF THE APPLICATION )
�, OF SCOTT WILLE AND THE CITY OF ) Z-399(45)
MCHENRY FOR ZONING, PURSUANT ) WILLE
TO THE ZONING ORDINANCE OF THE ) 3106 W RTE 120
CITY OF MCHI;NRY, MCHENRY ) C3
COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOA,RD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINDIS
A hearing on the above-�aptioned petition was held on October 16, 1995, October 23, 1995, and was
recessed to this date. Chairman Semrow called the hearing to order at 7:59 p.m. The following persons
were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Hatry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, 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.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
?. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registere� 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 29, 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 3106 West Route 120 McHenry.
�
Page 2
ZBA-Wille
11/20/95
SUMMARY
� The Fetitioners a��e requesting that the subject property be reclassified from E Estate District to C3
Community Cominercial District.
TESTIMONY
Chairman Semrow swore in the following witness for the Pedtioners:
John A. Lobaito, 333 S Green Street McHenry Illinois 60050.
Chairman Semrow read into the record a signed affidavit which authorizes the City of McHenry to act
on behalf of Petitioner Wille. The affidavit is on file in the office of the City Clerk.
Attomey McArdle asked the Board to consider the matter at this time. The Petitioners are requesting
a simple reclassification to C3 Community Commercial. The properiy was classified B2 in the county
prior to annexation. It has been the city policy to reclassify all B2 properties to C3.
Chauman Semrow said, "there being no fiuther testimony before this Board with regard to the Petition,
the Board will consider this matter 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."
IaELIBERATION AND FCOMMENDATION
Motion by Tobeck, seconded by Christensen to recommend to the City Council that
`„ the Petitioners' request that the subject property be reclassified from E Estate Zoning District to
C3 Community Commercial Zoning District be granted; and that the Approval Criteria for
Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met.
Voting Aye: Burr, Christensen, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lo�ett, McClatchey.
Modon carried 5-0. This hearing was adjourned at 8:05 p.m.
Respectfully submi d
Harry Se w, 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 Wille, Observers/Objectors(2), Aldermen Reference Copy, Building&�oning Zoning
File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk
File.
�. Z-399(45)
� � ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
CITY OF MCHENRY
IN THE MATTI'sR OF THE APPLICATION )
OF KHADIR H SHAKIR AND SAFINA ) Z-399(41)
� SHAKIR AND THE CITY OF MCHENRY ) � SHAKIR
FOR ZONING PURSUANT TO THE ) RIVERSIDE ANIMAL CLINIC
ZONING ORDINANCE OF THE CITY OF ) 2904 W RTE 120
MCHENRY, MCHENRY COUNTY ) CS
ILLINOIS. )
REPORT OF THE
�ONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-capdoned petition was held on October 16, 1995, October 23, 1995, and was
recessed to this date. Chairman Semrow called the hearing to order at 8:05 p.m. The following persons
we�e in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Harry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, 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.
6. Attom�y 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
Notification of this hearing was published in the Northwest Herald on September 29, 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 property is located at 2904 West Route 120 McHenry and is the location of Riverside
Animal Clinic.
� �Page 2
ZBA-Shakir
11/20/95
SUMMARY
� The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioners:
John A Lobaito, 333 South Green Street McHenry Illinois 60050.
Chaiiman Semrow read into the record a signed affidavit which authorizes the City of McHenry to act
on behalf of Petitioners Shakir. The affidavit is on file in the office of the City Clerk.
Attomey McArdl� asked the Board to consider the matter at this dme. The Petidoners are requesting
a simple reclassification to CS highway Commercial District. The property was classified Bl in the
county prior to a�mexation. It has been the city policy to reclassify all B1 properties to C5.
Christensen asked if there were any criteria for animal clinics having a crematory. Lobaito said that any
business having a crematory would require a conditional use permit. Lobaito said he inspected the site
and there is not outward sign of business being conducted on the premises. It is a very clean operation.
A crematory is not present and would not be allowed without a conditional use permit.
Chaitman 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 Petidon."
DELIBERATION AND RECOMMENDATION
Motion by Christensen, seconded by Swierk 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; and that the Approval Criteria for Zoning
Amendments, Table 33, page 401 of the zoning ordinance, have been met.
Voting Aye: Burr, Christensen, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lc�vett, McClatchey.
Modon carried 5-0. This hearing was adjourned at 8:10 p.m.
Respectfully submitt�d
���
Harry Se , Chairman
Zoning Board of Appeals
c: Agenda, Loning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & �oning, Public Works, Administradon, City Attorney, Engineering Inspector,
Petitioner Shakir, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning
� Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File. Z-399(41)
� ' ' ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION ) Z-399(38)
� OF ED'S PIZZA & PUB FOR ZONING )
AND A CONDITIONAL USE PERMIT ) ED'S PIZZA & PUB
PURSUANT TO THE ZONING ) LAMBERT
ORDINANCE OF THE CITY OF ) 2214 W RTE 120
MCHENRY, MCHENRY COUNTY, ) CS,CONDITIONAL USE
ILLINUIS. )
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 30, 1995 and was recessed to this date.
Chairman Semro�v called the hearing to order at 7:08 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Harry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, Frank McClatchey.
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; Ed's Pizza
& Pub represented by Leslie Lambert, 2214 W Route 120, McHenry IL 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: City Clerk Althoff.
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 3, 1995. The
Publisher's Cert�ficadon 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 2214 West Route 120 McHenry, and is the location of Ed's Pizza &
Pub.
Page 2
ZBA-Ed's Pizza
11/20/95
�UMMARY
� The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District; and that a Conditional Use Permit be granted to allow the following uses
on the subject premises:
Billboard
Outdoor volley ball court with tournaments twice per year (during daylight hours only);
Horseshoe pits with tournaments twice per year (during daylight hours only);
Outdoor service of liquor, beer and wine (during tournaments only).
TESTIMONY
The following witnesses were swom in for the Petitioners:
John A Lobaito, Director of Building & Zoning Department, City of McHenry.
Leslie Lambert, 2214 West Route 120, McHenry Illinois 60050.
Attorney McArdle noted that this was a continuation of a hearing held on October 30,1995. All
testimony has been given. The reason for condnuation of the hearing was the need to re-publish for the
conditional use permit to allow the existing billboard on the subject premises. McArdle noted that the
sign pre-existed the annexation of the subject property into the City on august 2, 1995. McArdle
reminded the Board that at the first hearing with regard to this matter, it was the suggestion of the Board
that the conditional use to allow outside entertainment in the nature of horseshoe pits and volleyball
courts be limited in that a temporary use permit would be required. In this way the number of
� tournaments per year could be policed by the Building & Zoning Department. There would be no sale
of alcohol or liquor outside of the building. Consumption of alcoholic beverages outside would be
permitted. There would be no outside bar on the site.
QUESTIONS OF THE PETITIONERS BY MEMBERS QF THE BOARD
Christensen asked if screening would be required where the subject property abuts residential property
to the north. Lambert said there is a fence on the east side of the property. The residential properties
to the north all have erected fences on their south property lines.
Discussion ensue;d regarding the outside entertainment on the site. It was determined that there are
presently no horseshoe pits or outdoor volleyball courts on the subject premises. Lambert indicated that
it was represented to him that he was told to indicate any proposed uses as well as all existing uses in
1us request before the Board. McArdle exptained that if the Petitioner wishes to retain the request for
outside entertainment on the site, the City would have to withdraw from supporting the petition
inasmuch as these uses are not currently in place and they would represent a more intense use of the
property. If the Petitioner is willing to delete the request for outside entertainment from the Petition,
the City would continue to be co-signature on the Petition. Lambert chose to retain the request for
outside entertainment. McArdle asked that the Petition be amended on its face to reflect that the
Lamberts are seeking the zoning reclassification and conditional permit on their own. The City is not
longer co-Petitioner with regard to this Petition. The Petition was so amended.
Lobaito said that because the outside entertainment is not currendy in place, the City could implement
� screening requirements and could also restrict the hours of operation of the entertainment. discussion
ensued regarding the best way to limit the duration of the tournaments. Lobaito said that the issuance
of temporary use permits could help to police the use. Specific time frames could be indicated on the
page 3
ZBA-Ed's Pizza
11/20/95
permits. It was suggested that each tournament be limited to two days in duration.
`..
Cha.irman Semrov�� said, "there being no further tesdmony 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 Petition."
DELIBERATIOI� AND RECOMMENDATION
Motion by Swierk, seconded by Christensen, 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 subject property subsequendy be
granted a conditional use permit to allow the following:
Billboard
Outdoor volley ball court limited to two day tournaments twice per year (during
daylight hows only)
Horseshoe pits limited to two day tournaments twice per year (during daylight
hoi�rs only)
Outdoor service of liquor, beer and wine (during tournaments only);
that the Petidoners be required to comply with the following conditions:
1. secure a temporary use permit for each occurrence of the outside entertainment
specified above;
2. comply with all aspects of the ordinance with regard to landscape and
screening;
L 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: Burr, Christensen, Semrow, Swierk, Tobeck.
Vodng Nay: N<�ne.
Not Voting: Nc�ne.
Abstaining: None.
Absent: Lovett, McClatchey.
Motion carried 5-0. This hearing was adjourned at 7:50 p.m.
Respectfully submitted
`r.CcL/c1Zu�
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,
� Petitioner Lambert, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File. Z-399(38)
ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
CITY OF MCHENRY
�IN THE MATTER UF 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 'O{� RTE 120
CITY OF MCH ENRY, 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 pedtion was held on October 16, 1995, October 23, 1995, and
recessed to this date. Chairman Semrow called the hearing to order at 9:10 p.m. The following persons
were in attendance:
l. Zoning Board Members: Tom Burr, Randy Christensen, Harry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, Frank McClatchey.
2. Attorney for Zoning Board: David McArdle.
3. Recording; Secretary: Kathleen M. Kunzer.
� 4. Director c►f 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. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registered Observers/Objectors:
1. Virguua 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 29, 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 properiies via certified mailing. An Affidavit of Service ascertaining
that a11 notificatiun 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.
� �age 2
ZBA-Retek
11/20/95
�SUMMARY
� The Pedtioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District and that a conditional use permit be granted to allow outside storage on
the premises.
DISCUSSION
It was the consensus 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
MOTION TO RECESS
Motion by Swierk, seconded by Burr, to recess this hearing undl November 27, 1995 at 7:00 p.m. at
which time the PE:titioner was requested to be present to offer testimony pertaining to the request for the
conditional use permit and the outside storage on the subject premises.
Voting Aye: Burr, Christensen, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: Ncine.
Abstaining: None.
Absent: Lovett, McClatchey.
Motion carried 5-0. This hearing was recessed at 9:14 p.m.
�.
Respectfully submitted
�
Harry Semr , Chairman
Zoning Board of Appeals
c: Agenda, Zaning 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 BQARD OF APPEALS
NOVEMBER 20, 1995
CITY OF MCHENRY
� IN THE MATTER OF THE APPLICATION )
� OF FRED O'HALLERAN AND THE CITY ) Z-399(32)
OF MCHENRY FOR �ONING AND A ) FRED O'HALLERAN
CONDITIONAL USE PERMIT PURSUANT ) BULL'S EYE WINDSHIELD REPAIR
TO THE ZONING ORDINANCE OF THE ) 3014 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, ILLIN4IS
A hearing on the above-captioned petition was held on September 18, 1995, October 2, 1995, October
23, 1995, and recessed to this date. Chairman Semrow called the hearing to order at 7:58 p.m. The
following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Harry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, Frank McClatchey.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretaty: Kathleen M. Kunzer.
� 4. Director o*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, .�0 N Virginia Street Crystal Lake Illinois 50014.
7. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registered Observers/Objectors:
1. Virginia Brzenk, 823 N River Rd McHemy IL G0050.
2. Anton Rebel, 4009 Maple Ave McHenry IL 60050.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on September 1, 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 3014 West Route 120 McHenry and is the locadon of the Bull's Eye
Windshield Repair business.
� Page 2
ZBA-O'Halleran
11/20/95
. �UMMARY
� 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 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.
DISCUSSIUN
It was the consensus 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. If the Pedtioner is not present
at the next hearing, the rec�uest for outside storage on the subject premises wi11 be stricken from the
Petition.
MOTION TO RECES
Motion by Christensen, seconded by Tobeck, to recess this hearing until November 27, 1995 at 7:00
p.m. at which time the Petitioner was requested to be present to offer testimony pertaining to the request
for the condidonal use permit and the outside storage on the subject premises. If the Petidoner is not
present, or, if an affidavit ascertaining the need and use of the outside storage on the subject premises
is not obtained, the request for outside storage shall be stricken from the Petition.
Voting Aye: Bwr, Christensen, Semrow, Swierk, Tobeck.
� Voting Nay: No�ie.
Not Voting: No�ie.
Abstaining: No�ie.
Absent: Lo��ett, McClatchey.
Motion carried 5-0. This hearing was recessed at 7:59 p.m.
Respectfully submi d
�
Hany Se w, Chauman
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 O'Halleran, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning
Zoning Filc, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
Z-399(32)
�.
• ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
: CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
� OF JOHN H OI,IVER AND DIANE M ) Z-399(28)
OLIVER AND THE CITY OF MCHENRY ) OLIVER
FOR ZONING WITH A CONDITIONAL ) MCHENRY WELDING
USE PBRMIT AND A USE VARIANCE ) 2912 W RTE 120
PURSUANT T() THE ZONING ) C5, CONDITIONAL USE
URDINANCE t)F THE CITY OF ) USE VARIANCE
MCHENRY, MCHENRY CUUNTY, )
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 and was recessed to October
23, and again 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, Randy Christensen, Hairy Semrow, John 5wierk, Donna
Tobeck. Absent: Chuck Lovett, Frank McClatchey.
2. Attorney for Zoning Board: David McArdle.
3. Recordin� Secretary: Kathleen M. Kunzer.
L
4. Director c>f Building & Zoning: John A. Lobaito.
5. Petitioner: 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 I.ake 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 3, 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 notificati��n requirements have been followed is on file in the office of the City Clerk.
�, LOCATION
The subject pro�erty is located at 2912 West Route 120 McHenry and is ihe location of McHenry
Welding and JK Signs.
�Page 2
ZBA-Oliver
11/20/95 :
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:
open sales lot; ��utside storage; motor vehicle service and repair including general welding and
fabrication; auto and truck heavy equipment repairs; boat repairs; propeller repairs; trailer repairs;
general machining; one billboard; that a Use Variance be granted to allow the exisdng single family
residence on the premises.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
John A. Lobaito, 333 South Green Street McHenry IL 60050.
Attorney McArdle said that all testimony has been presented with regard to this Pedtion. The matter
was recessed from October 23, 1995, to allow for the publicadon of the request for a condidonal use
permit to allow the existing billboard on the subject premises. McArdle reminded the Board that there
had been extensive discussion at the first hearing with regard to restricting the outside storage to an area
north of the south wall of the buildings adjacent to Route 120. McArdle said that the Board discussed
having the Petitioners be limited to two spaces for the open sales lot which may be located in front of
the buildings along Route 120 with a maximum of one space for each of the two lots.
Chairman Semrow said, "there being no further testimony 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 Petition."
DELIBERATION AND RECOMMENDATION
Motion by Christensen, 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 subject property be granted a
conditional use to a11ow the following:
open sales lot limited to a maximum of two spaces on the subject premises (one
per lot);
outside storage restricted to the following area:
north and east of the commercial building;
and north and west of the welding shop;
motor vehicle service and repair including general welding and fabrication; auto
and truck heavy equipment repairs;
boat repairs;
pr��peller repairs;
trailer repairs;
general machining;
one existing billboard;
that a Use Variance be granted to the subject property to allow the existing single family
residence; 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; and that the Approval Criteria for Use
Variance, Table 32A, pages 377-378, have been met.
- Page 3
ZBA-Oliver
11/20/95 :
� Voting Aye: Bun, Semrow, Swierk, Tobeck.
Voting Nay: Ctu�istensen.
Not Voting: Nune.
Abstaining: Nune.
Absent: Lcvett, McClatchey.
Motion carried 4-1. This hearing was adjourned at 7:55 p.m.
Respectfully submitted
�
'����
Harry Semrow 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 Oliver, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
�- Z399(28)
�
' � ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
� OF THEODORE W SMAK AND GINA ) Z-399(27)
SMAK AND THE CITY OF MCHENRY ) SMAK
FOR ZONING WITH A CONDITIONAL ) 4-WHEEL DRIVE
USE PERMIT PUI�SUANT TO THE ) 2902 W RTE 120
ZONING 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 the above-captioned petition was held on October 16, 1995, October 23, 1995, and
recessed to this date. Chairman Semrow called the hearing to order at 8:35 p.m. The following persons
were in attendance:
l. Zoning Board Members: Tom Bun, Randy Christensen, Hany Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, 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; Theodore
Smak, 2902 West Route 120 McHenry Illinois 60U50.
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:
l. Virginia Brzenk, 823 N River Rd McHenry IL 60050.
2. Anton Rebel, 4009 Maple Ave McHenry IL 60050.
NOTIFICATIOI�
Notification of this hearing was published in the Northwest Herald on September 29, 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.
�
` Page 2
ZBA-Smak
11/20/95
LOCATION
� The subject property is located at 2902 West Route 120 McHenry and is the locadon of McHenry
County 4-Wheel Drive.
SUMMARY
The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commf;rcial District; that a Conditional Use Permit be granted to allow the following uses:
Motor vehicle service and repair; outside storage of vehicles waiting for parts and/or repair.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
John A Lobaito, 333 South Green Street McHenry Illinois 60050.
Theodore Smak, 2902 West Route 120 McHenry Illinois 6000.
Lobaito said the current use on the site is an automotive repair facility. In order for this use to be
allowed in the City of McHenry, the property should be classified C5 with a conditional use permit.
There is cunently outside storage of vehicles and vehicle parts. Attomey McArdle went over the
Approval Criteria for Zoning Amendments and the Approval Criteria for Conditional Uses as stated in
the Petitian.
Smak said the current operation is the repair of 4-wheel drive vehicles and the retail sales of accessory
parts for 4-wheel drive vehicles. There is a showroom and five working bays. There are floor drains
� which run the total length of the building. The drains empty into the septic system. Smak said that he
has the capability of storing up to 13 vehicles outside in the fenced-in area at one time. The outside
storage area also includes vehicle parts such as a.xles, tires, shells from Broncos and Blazers. Smak said
there have been no complaints regarding the outside storage on the site. Smak said he would only use
the fenced-in area for outside storage. The fenced-in area abuts the north side of the building. It is
bounded on three sides by an 8 food chain link fence which has barbed wire on the top.
QUESTIONS OF THE WITNES ES BY MEMBERS OF �'HE BOARD
Christensen asked if the Petidoners sells vehicles on the site. Is this an open sales lots? Smak said he
sells only parts. From time to time he may sell one of his personal vehicles, but this is not a vehicles
sales operation. Christensen asked if there would be a need for storage of vehicles on the south side of
the building. Smak said he would prefer to have customers vehicles stored either inside of the building
or within the fenced-in area for security reasons.
Swierk asked if the Petitioners would be required to follow city code when the site is connected to city
sanitary sewer with regard to the floor drains. Lobaito said that will be addressed at the time of
connection. Swierk asked if the Petitioner would be willing to put slats in the chain link fence in order
to provide some screening from the outside storage. Smak said he would have no problem doing that.
Swierk asked if the Petitioner would be willing to limit the outside storage on the south side of the
building to vehicles which have current license plats. Smak said he would have no problem with that
stipulation.
� 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 Petition."
� Page 3
ZBA-Smak
11/20/95
DELIBERATION AND RECOMMENDATION
� Motion by Swierk, seconded by Tobeck, to recommend to the Ciry 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 subject property be granted a
Conditional Use Permit to allow the following:
Motor vehicles service and repair;
Outside storage of vehicles and vehicle parts;
that the Condidonal Use Permit be restricted as to the following:
1. Any vehicles being stored on the south side of the building sha11 have current
license plates;
2. All other outside storage on the site be confined to the fenced-in area north 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.
Voting Aye: Burr, Christensen, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett, McClatchey.
�
Modon carried 5-0. This hearing was adjourned at 8:52 p.m.
Respectfully submitted
� -
Harry Semro , Chairman
Zoning Boar 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 Smak, Observers/Objectors(2),Aldermen Reference Copy,Building&Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk
File.
Z-399(27)
�
. �
ZONING BOARD OF APFEALS
NOVEMBER 20, 1995
n CITY OF MCHENRY
II� THE MATT�R OF THE APPLICATION )
� OF NORTHWEST ELECTRICAL SUPPLY ) Z-399(17)
CO FOR ZONING AND CONDITIONAL ) NORTHWEST ELECTRICAL
USE PURSUANT TO THE ZONING ) REINDL
ORDINANCE OF THE CITY OF ) 2414 W RTE 120
MCHENRY, MrHENRY COUNTY, ) CS,CONDITIONAL USE
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 30, 1995 and recessed to this date.
Acting Chairman Swierk called the hearing to order at 8:13 p.m. The following persons were in
attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Harry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, Frank McClatchey.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
� 4. Director or Building & Zoning: John A. Lobaito.
5. Pedtioner: City of McHenry represented by Director of Building& Zoning Lobaito; Northwest
Electrical Supply, represented by James Mill, 30 South Main Street, Mount Prospect IL.
6. Attomey 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 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 October 13, 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.
�
Page 2
ZBA-NW Electrical
11/20/95
LQCATION
� The subject property is lacated at 2414 West Route 120 McHenry, and is the location of Northwest
Electric Supply Co.
SUMMARY
The Petitioners a.re requesting that the subject property be reclassified from E Estate District to C5
Highway Commf;rcial District; and that a Conditional Use Permit be granted to allow outside storage
on the subject pr��mises.
TESTIMQI�Y
Chairman Semrow swore in the following witnesses for the Petitioners:
John A Lobaito, 333 South Green Street McHenry Illinois 60050.
James Mill, 30 South Main Street Mount Prospect Illinois.
Lobaito gave the surrounding zoning districts and uses of all abutting properties. The current use of the
subject praperty is an electrical and lighting supply wholesale and reta.il distributor. Lobaito stated that
the Petitioners are requesting reclassification to C5 Highway Commercial with a conditional use permit
to allow outside storage. Lobaito said the outside storage existing on the site consists of empty delivery
pallets. Lobaito said there are approximately 15-20 pallets at the present time. They are located on the
north side of the building along the east property line.
Attorney McArdle went over the Approval Criteria for Zoning Amendments and Conditional Uses as
� stated in the Petition.
Mill is an officer in the corporation known as Northwest Electrical Supply Inc. The company has a 4
year iease with an option to purchase the subject property. Mill stated that the operation consists of
retail and wholesale sales of electrical and lighting supplies and fixtures. He stated that there could be
as many as twenty pallets being stored outside on the premises at any one time. He stated that they
would also like the option of storing bundles of electrical conduit outside as well.
Mill said there is a second principal structure on the site located north of the main building. At the
present dme it is being used to store excess merchandise. The property consists of two lots. The
buildings are located on the one abutting Route 120. The lot abutting Hillside Lanae is vacant.
QUESTIONS OF THE WITNESSES BY MEMBERS OF THE BOARD
Burr asked what the equipment rental consists of. Mill said that would be equipment such as benders
and threaders. All such equipment would be stored inside of the buildings.
Christensen asked if the vacant lot which fronts on Hillside Lane would be used to put in a drive to the
other lot. Mill said not at this time. There is no such plan in the works. Christensen asked if the
conduit which would be stored outside, would it be stored on racks? Mill said it would be stored on
racks. Swierk said the Petitioner should be limited to storing pallets outside since that is all that is being
stored there at the present time. Discussion ensued regarding outside storage being limited to pallets
and the ciry would remain as co-Petidoner, or the outside storage of pallets and conduit as requested by
� the witness, in which case the city would no longer be co-Petitioner on the application.
Page 3
ZBA-NW Elecbrical
11/20/95
Attorney McArdle amended the Petition on its face to reflect the fact that the city is no longer co-
� Pedtioner. The t�etitioners are seeking a conditional use to allow the outside storage of pallets and
conduit on racks.
Swierk said that there should be a defined area for the storage of conduit. Mill said the racking would
be built along the exterior west wa11 of the accessory building. the racks would be approximately 10
feet deep. The ra��ks nor the conduit would be visible from Route 120. The racks should not be visible
from the residential property abutting to the north. It was the consensus of those present that the outside
storage be limited to conduit stored on racks and pallets on the ground.
Lobaito said since this would be a new use on this property, there would be screening and landscaping
requirements whic:h would have to be met. Screening from Hillside Lane would be required.
Semrow asked if there would be lighting in the area of the outside storage. Mill said there is lighting
behind the main building which would illuminate this area. Lighting would be directed in such a manner
that it would not be a nuisance for anyone.
Attomey McArdle suggested that the Board restrict the outside storage to pallets used to deliver supplies
and 10 foot lengths of conduit stored on racks on the west side of the accessory building. The
Petidoners should be required to comply with all requirements as to landscape and screening.
Chairman Semrow said, "there being no further testimony before this Boazd 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 Petition."
DELIBERATION AND RECOMMENDATION
Motion by Swierk, seconded by Tobeck, 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 subject property be granted a conditional
use to allaw the following:
Outside storage of pallets used to deliver supplies;
Outside storage of 10 foot lengths of conduit stored on racks on the west side of
the accessory building;
that the Petitioners be required to comply with all requirements of the zoning ordinance as to
screening and landscaping with regard to the area of outside storage; that the Approval Criteria
for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; and that
the Appro�al Criteria for Conditional Uses, Table 31, pages 357-358 of the zoning ordinance,
have been met.
Voting Aye: Burr, Christensen, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
� Abstaining: None.
Absent: Lovett, McClatchey.
Page 4
ZBA-NW Electrical
11/2/0l95
�� Motion carried 5-0. This hearing was adjourned at 8:35 p.m.
Respectfully submitted
�
����
Harry Se ow, Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Pian Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector,
Petitionet Reindl, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File. �-399(17)
�
�.
ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
' CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
� OF BILL ANEST AND PETER ANEST d/b/a ) Z-399(7)
S & S PETROLEUM PRODUCTS, A ) ANEST
GENERAL PARTNERSHIP, AND BOB & ) RIVERSIDE CHOCOLATE FACTORY
DIANA HUNTF:R, AND THE CITY OF ) 2102 W RTE 120
MCHENRY FOR ZONING, PURSUANT TO ) CS
THE ZONING ORDINANCE OF THE CITY )
OF MCHENRY, MCHENRY COUNTY, )
ILLINOIS. �
REPORT OF THE
ZONING BOARD UF APPEALS TQ THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the �ibove-captioned pedtion was held on October 16, 1995, October 23, 1995, and was
recessed to this date. Chairman Semrow called the hearing to order at 8:10 p.m. The following persons
were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Harry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, 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.
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.
1�OTIFICATION
Notification of this hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certific:ate of Publicatian 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 ail notification requirements have been followed is on file in the office of the Ciry Clerk.
-� LOCATION
The subject property is located at 2102 West Route 120 McHenry, and is the locadon of the Riverside
Chocolate Factory.
�' Page 2
ZBA-Anest
11/20195
SUMI�+IARY
The Petitioners are requesdng that the subject property be reclassified from E Estate District to CS
� Highway Commercial District.
�ESTIMONY
Chairman Semrow swore in ihe following witness for the Pedtioners:
John A Lobaito, 333 South Green Street McHenry Illinois 60050.
Chairman Semrow read into the record a signed affidavit which authorizes the City of McHenry to act
on behalf of Pedtioners Anest. The affidavit is on file in the office of the City Clerk.
Attorney McArdle asked the Board to consider the matter at this time. The Petitioners are requesting
a simple reclassification to CS Highway Commercial. The property was classified B 1 in the county prior
to annexation. It has been the city policy to reclassify all B1 properties to C5.
Chairman Semrow said, "there being no further testimony before this Board with regard to the Pedtion,
the Board will consider this matter at this time, unless there is a motion to recess by a member of the
Board. There being no modon to recess, the Chair will entertain a modon with regard to the Petition."
DEI,IBER�ATION �ND F[` MMENDATION
Motion by Tobeck, seconded by Swierk 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; and that the Approval Criteria for Zoning
Amendments, Table 33, page 401 of the zoning ordinance, have been met.
Voting Aye: Bwrr, Christensen, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett, McClatchey.
Motion carried 5-0. This hearing was adjourned at 8:13 p.m.
Respectfully submi ed
ch�/
Harry Se , Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Admitustrator, Director of
Building & Zoning, Public Works, Administration, City Attorney, Engineering Inspector,
Petitioner Anest,Observers/Objectors(2),Aldermen Reference Copy,Building&Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, McHenry S#ar News, City Clerk
File. Z-399(7)
�,
� � ZONING BOARD OF APPEALS
NOVEMBER 20, 1995
� CITY OF MCHENRY
IhT 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, CQNDITIONAL USE
ORDINANCE OF THE CITY OF )
MCHENRY, Mt;HENRY COUNTY, )
ILLINOIS. �
REPORT OF THE
Z4NING BOARD OF APPEALS TU THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petidon was held on October 2, 1995, October 23, 1995, and
recessed to this date. Chairman Semrow called the hearing to order at 8:52 p.m. The following persons
were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Harry Semrow, John Swierk, Donna
Tobeck. Absent: Chuck Lovett, Frank McClatchey.
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; Stanley
Jurczyk, 1 I N835 Old Bam Road Elgin Illinois 60123.
6. Attorney for the Pedtioner: 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, 4409 Maple Ave McHenry IL 60050.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on September 16, 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.
�
` Page 2
ZBA-Jurczyk
11/2/0/95
LOCATION
The subject property is located at 2906 West Route 120 McHenry.
�..
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 Petitioners:
7ohn A. Lobaito, 333 S Green St McHenry Illinois 60050.
Stanley Jwczyk, 11 N835 Old Barn Road Elgin Illinois 60123.
Lobaito said that the Petitioners are requesting that the subject property be reclassified to CS Highway
Commercial and that a conditional use permit be granted to allow the indoor amusement establishment,
a firing range. I.obaito said this is a multi-tenant building.
Attomey McArdle went over the Approval Criteria for Zoning Amendments and the Approval Criteria
for Conditional Uses as stated in the Petition.
Jurczyk said the building is a single story structure. It is approximately 75 X 100 feet in size. Thete
are four tenants: 1) gun shop and firing range in the basement; 2) bicycle shop; 3) flower shop; 4)
beauty salon. The bicycle shop has been at this locadon for approximately 10 years. The flower shop
�'' moved in last year. The beauty salon has been at this location for 10-15 years. The gun shop has been
in the basement of this building since the building was erected, about 50 years ago.
Jurczyk said the gun shop and firing range business is owned by "Zeke" who has a lease through the
year 2000. Jurczyk said that the range is for shooting guns only. There are no bows and arrows.
OUESTIONS OF THE WITNESSES BY MEMBERS OF THE BOARD
Semrow asked what happens to the bullets and how is the lead collected. Jurczyk did not know the
answer to this question.
Swierk asked if state licenses would be required to have a gun shop and firing range. Lobaito said that
licenses are required for the sales of guns and ammunition.
Jurczyk said that the county had checked out the operation a couple of years ago. The business owner
was required to re-insulate the ceiling as there were noise complaints on the main floor of the building.
This issue was taken care of at that time.
Swierk said that the business owner should be present to testify as to his business operation. He should
be here to respond to the questions posed by the Board such as how do they get rid of the lead. Jurczyk
said he would ask the business owner to be present at a date to be set by the Board so that he could
respond to questioz�s by the Board.
�
` Page 3
ZBA-Jurczyk
11/20/95
MOTION TO RE E S
� Motion by Christ�nsen, seconded by Tobeck to recess this hearing until November 27, 1995 at 7:00
p.m. at which time the business 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 �he subject premises.
Voting Aye: Burr, Christensen, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett, McClatchey.
Motion carried 5-0. This hearing was recessed at 9:10 p.m.
Respectfully submitted
r � c
Harry Semro , Chairman
Zoning Boar of Appeals
c: Agenda, Zc�ning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
�'' Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector
Petitioner Jurczyk, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning
Zoning Filf�, I,andmark Commission Chairman, Northwest Herald, McHenry St�r News, City
Clerk File.
Z-399(4)
�