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HomeMy WebLinkAboutMinutes - 11/6/1995 - Zoning Board of Appeals ' ' ZONING BOARD OF APPEALS NOVEMBER 6, 1995 CITY OF MCHENRY , IPs� THE MATTER OF THE APPLICATION ) Z-399(47) � OF DR SCOTT J SPENGEL AND ) DIANA K SPENGEL FOR ZONING ) SPENGEL PURSUANT TO THE ZONING ) SPENGEL CHIROPRACTIC ORDINANCE OF THE CITY OF ) 2808 W RTE 120 MCHENRY, M(:HENRY COUNTY, } CS ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on November 6, 1995. Vice Chairman Tobeck called the hearing to order at 9:40 p.m. The following persons were in attendance: l. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey,John Swierk, Donna Tobeck. Absent: Harry Semrow. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: 7ohn A. Lobaito. � 5. Petitioner: Dr Scott Spengel, 2808 W Route 120 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 Notification of this hearing was published in the Northwest Herald on October 21, 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 o�ce of the City Clerk. LOCATION The subject property is located at 2808 W Route 120 McHenry Illinois and is the location of Spengel Chiropractic. � � Page 2 ZBA-Spengel 11/6/95 STJMMARY �, The subject property was annexed into the City on November 1, 1995. The Petitioners are requesting that the subject property be reclassified from E Estate Dxstrict to CS Highway Commercial District. TESTIMONY Vice Chairman Tc►beck swore in the following witnesses for the Petitioners: Dr Scott J Spengel, 2808 West Route 120 McHenry Illinois 60050. Spengel said that his chiropractic clinic is located on the ground floor of the building on the subject premises which were annexed into the City on November 1, 1995. His residence is also located on the site, above the chiropractic offices. Both are permitted uses in the CS District. Spengel provided the Board with abutting uses to the subject property. Lobaito said that a residential dwelling is permitted on the second floor of a building having a non- residential permitted use on the first floor in the CS district. Spengel addressed the Approval Criteria for Zoning Amendments as stated in the Petition. QiJESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD There were no questions by members of the Board. �, Vice Chairman Tobeck 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." MOTION TO RECESS Motion by McClatchey, seconded by Lovett to recommend to the City Council that the Petitioners' request to reclassify the subject property from E Estate Zoning District to CS Highway t�ommercial 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, Lovett, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Semrow. � � Page 3 ZBA-Spengel 11/6/95 . , � Modon carried 6-(►. This hearing was recessed at 9:48 p.m. Respectfully submitted ��;��c� P l%��'l'�C Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector, Pedtioner Spengel, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(47) � � ' ZONING BOARD OF APPEALS NOVEMBER 6, 1995 CITY OF MCHENRY IN THE MATTF.R 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, M(:HENRY COUNTY, ) ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS �4 hearing on the above-captioned petition was held on November 6, 1995. Vice Chairman Tobeck called the hearing to order at 9:12 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, John Swierk, Donna Tobeck. Absent: Harry Semrow. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. L.. 4. Director of Building & Zoning: John A. Lobaito. 5. Petidoner� Frank and Catherine Rodgers, 3107 W Lake Street McHenry Illinois 60050. 6. Attorney 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. NOTIFICATIQN Notification of this hearing was published in the Northwest Herald on October 21, 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 3107 West Lake Street McHenry Illinois and is the location of Rogers �. Automotive. � Page 2 ZBA-Rodgers 11/6/95 SUMi�IARY � The subject property was annexed into the City on November 1, 1995. The Pedtioners are requesting that the subject prc►perty be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Permit be granted to allow motor vehicle repair on the subject premises. TESTINiONY Vice Chairman Tc►beck swore in the following witnesses for the Petitioners: Frank P Rodgers, 3107 W Lake St McHenry Illinois 60050 Catherine M Rodgers, 3107 W Lake St McHenry Illinois 60050. Frank Rodgers said that he operates an auto repair shop on the subject property. There is also a two family residential dwelling on the premises. This progerty was annexed into the City on November 1, 1995 at his request. He purchased the property in 1985. Rodgers addressed the Approval Criteria for Zoning Amendments and the Approval Criteria for Conditional Uses as stated in the Petition. SZUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD Christensen asked the hours of operation of the automotive repair business. Rodgers said his business hours are 8-5:30 but that he actually closes by 6 or 6:30 each day. Christensen asked if there was any paindng or body work done on the premises. Rodgers said there is not. They do oil changes. the waste oil is picked up by Safety Kleen. The oil is stored outside of the building, on the southeast comer � of the property. Christensen asked what type of use is to the east of his property. Rodgers said there are two residential properties to the east. He said his property is fenced in. Lovett asked if the residential use does not require a use variance. Lobaito said the residendal use is a non-conforming use. If a use variance is not granted, the Petitioners would not be able to expand upon the residendal use. It would not prohibit their possible expansion of the business in the other building, however. McArdle asked the Petidoners if they had any intention of expanding the residential building. Rodgers said they do not. McArdle said that if there came a time when they did want to expand this building, they would need to come back before this Board in order to seek relief. Swierk asked if city sewer would service this property. McArdle said that the city is in the process of obtaining easement from all participating property owners. This property would be served by the sanitary sewer. At the present time, the city is looking at the possibility of locating the sewer line in the rear yard as opposed to the front yard where new pavement has recently been put in along Route 120. McArdle asked if there was any outside storage of vehicles on the premises. Rodgers responded in the affirmative. He said that at any given time there are between 10-15 vehicles parked outside on the premises. McArdle noted that ttus matter will have to be re-published with regard to the conditional use request for outside storage of vehicles and waste oil. Discussion ensued regarding where the Rodgers would be able to park vehicles on the premise. It was determined that it would not be possible to limit the area of outside storage of vehicles on the site. L. Lovett asked if the repair garage could be expanded. Lobaito said that it could as long as it meets all setback requirements and building code regulation. The residendal dwelling could not be expanded or �age 3 ZBA-Rodgers 11/6/95 enlarged. L Swierk asked how the Board should address the outside storage of vehicles. If the Petitioner expands his business, he would be required to pave his parking surface which is gravel at the present time. Lobaito said that any expansion of the business would require that adequate parking be available as well as room and apprc�ved surface for storage of vehicles, unless a variance is sought before this Board. MOTION TO R�sCESS Motion by Christensen, seconded by Lovett to recess this hearing until November 27, 1995 at 7 p.m. in order to re-publish the request for a conditional use permit to include outside storage of vehicles and waste oil. Voting Aye: Bwr, Christensen, Lovett, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Semrow. Motion carried 6-0. This hearing was recessed at 9:40 p.m. Respectfully submitted � �..l�f','ry,'�1 E1�C�r':�, Donna Tobeck, Vice 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 Rodgers, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(46) � � ZONING BOARD OF APPEALS NOVEMBER 6, 1995 CITY OF MCHENRY IN�THE MATT�;R OF THE APPLICATION ) Z-399(34) � OF NORMAN �' ROSE JR AND ROSE ) AUTO SALES AND THE CITY OF ) NORMAN Y ROSE JR MCHENRY FOR ZONING AND A ) ROSE AUTO SALES CONDITIONAL USE PURSUANT TO THE ) ZONING ORDINANCE OF THE CITY OF ) 2500 �V 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-captioned petition was held on November 6, 1995. Vice Chairman Tobeck called the hearing to order at 7:37 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, John Swierk, Donna Tobeck. Absent: Harry Semrow. 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 Norman V Rose Jr, 2500 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 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. (3ENERAL OVERVIEW OF PROCEEDINGS 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-confomuties as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the sixth in a series of public hearings at which the zoning reclassificadon 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 all cases where this is being requested, the City has signed the Petition and is a co-pedtioner. In some instances, the petidoners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co-petitioner and the Page 2 ZBA-Rose 11/6/95 applicants will re�►resent 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 endtled "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 Crroups' marked as Petitio�ters Exhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on October 21, 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 Afficiavit 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 2500 West Route 120 McHenry Illinois 60050, and is the location of Rose Auto Sales. SUMMARY The Pedtioners are requesting that the subject property be reclassified from E Estate District to C-5 Highway Commercial Zoning District and that a conditional use permit be granted to allow the following uses on the subject premises: � Automobile body shop Motor vehicle, trailer, and mobile home repair/service Outside storage of boats, recreational vehicles, trailers, motorcycles, snowmobiles, and tires Open sales lot Machinery sales. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: John Lobaito, 333 S Green Street McHenry IL 60050. Norman V Rose Jr, 250(T W Rte 120, McHenry IL 60050. Lobaito said the subject property is located at the northwest comer of the intersecdon of Hillside Lane and Route 120. Lobaito stated the current uses of the property as found in the Petidon, the property had been classified B1 in the county prior to the annexation into the City. Attorney McArdle went over the Approval Criteria for Zoning Amendment and the Approval Criteria for Conditional Uses as stated in the petidon. Rose said he has held dde to the subject property since approximately 1982. He uses the property for the conduction of retail sales of cars, trucks and boats. He repairs vehicles inside of the building. Rose said that he had not actually sold any machinery within the past five years. He agreed to strike � "Machinery Sales" from the Petition in his request for a conditional use for the property. The Petition was so amended. Page 3 ZBA-Rose 11/6/95 S1I7ESTIONS O�� THE WITNESSES BY MEMBERS OF THE BOARD► � Swierk asked if it°�vould be possible to limit the location of permissible outside storage on the premises. Rose said he usually stores vehicles to the rear of the front building line of his property. Swierk asked if the Petitioner would agree to limiting the outside storage to the area behind the front building line of the subject property. Rose agreed to this restriction. The Petition was amended to reflect this restriction. Christensen asked if the parking requirements were met on this property. Lobaito said that bulk area requirements such as parking were not addressed for any of the property being annexed east of the river. Christensen asked if the streamers and flags would be permitted by ordinance. Lobaito said they would require a temporary use permit; otherwise, they would be in violadon of the ordinance. They were treated in the same manner in the county. Vice Chairman Tobeck said, "there being no further testimony before this Board with regard to this matter the Board will consider the Petidon 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 Peddan.„ DELIBERATION AND RECOMMENDATION Motion by Swierk, seconded by Christensen, to recommend to the City Council that the Petidoners request that the subject property be reclassified from E Estate Zoning District to C-5 High��ay Commercial Zoning District be granted; that the request for a condidonal use � permit to allow the following uses on the subject property Automobile body shop Motor vehicle, trailer, and mobile home repair/service Outside storage of boats, recreational vehicles, trailers, motorcycles, snowmobiles, and tires (limited to the area behind the front building line of the subject property) Open sales lot be granted; that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the zoning ordinance, have been met. Voting Aye: Burr, Christensen, Lovett, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Semrow. � Page 4 ZBA-Rose 11/6/95 �� Motion carried 6-(1. Vice Chairman Tobeck recessed this hearing at 7:52 p.m. Respectfully submitted ,�� �.��.��_, Donna Tobeck, Vice 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 Rose, Observers/Objectors(2), Aldermen Reference Copy, Building&Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(34) � � ZONING BOARD OF APPEALS NOVEMBER 6, 1995 CITY OF MCHENRY �N THE MATTF:R OF THE APPLICATIUN ) � OF WILLIAM A NYE & LORRAINE W ) Z-399(26) NYE, NYE AU7'O DOCTOR AND THE ) NYE CITY OF MCH�:NRY FOR ZONING AND A ) NYE AUTO DOCTOR CONDITIONAL USE PURSUANT TO THE ) ZONING ORDINANCE OF THE CITY OF ) 231 S W RTE 120 MCHENRY, MC:HENRY COUNTY, ) C5, CONDITIONAL USE ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, �ITY OF MCHENRY, ILLINOIS A hearing on the above-capdoned petition was held on November 6, 1995. Vice Chairman Tobeck called the hearing to order at 7:53 p.m. The following persons were in attendance: 1. Zoning Boa.rd Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, John Swierk, Dc�nna Tobeck. Absent: Harry Semrow. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director oi�Building & Zoning: John A. Lobaito. 5. Peddoner: 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 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. GENERAL OVERVIEW OF PROCEEDINGS 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 sixth 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 direcdon has been to assign the most restrictive zoning classification that is comparable to what each parcel was � classified in the Caunty prior to the annexation. In all cases where this is being requested, the City has signed the Petition and is a co-pedtioner. 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 Page 2 ZBA-Nye 11/6/95 applicants will reF�resent themselves at the hearing. �' McArdle noted th:it at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entided "Zoning 6oard Hearing Dates" which idendfied which parcels will be heard on each of the five tentative heanng dates. Also entered into the record on August 21, 1995 was Petitioners Exhibit 2 entideQ "Plat of Annexadon" 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 Groups" marked as Petitioners F.xhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on October 21, 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 2318 West Route 120 McHenry Illinois 60050, and is the location of Nye Auto Doctor. SUMMARY The Petitioners are requesdng that the subject property be reclassified from E Estate District to C-5 Highway Commercial Zoning District and that a conditional use permit be granted to allow the following uses on the subject premises: �, Motor vehicle and recreational vehicle service and repair. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: John Lobaito, 333 S Green Street McHenry IL 60050. William A Nye, 2318 W Rte 120, McHenry IL 6005Q. Lobaito said that the subject property is being used to conduct automobile and small truck repair and detailing. The subject property was zoned Bl in the county prior to annexation. Attomey McArdle went over the Approval Criteria for Zoning Amendment and the Approval Criteria for Conditional Uses as stated in the petidon. Nye said he has been operadng his business on the premises for the past eight years. � � �Page 3 ZBA-Nye 11/6/95 �il�STIONS O�� THE WITNESSES BY MEMBERS OF THE BOARD � Swierk asked if th�Petition is intended to limit the hours of operation on the snbject property. Lobaito said it is not. the}iows of operation are listed as information regarding the current uses on the property. McClatchey asked if the Petitioner had any plans to sell vehicles from this location. Nye said he does not. Christensen asked if the detailing business was subleased by another business owner. Nye said that is conect. Lovett asked if the Petitioner maintained any outside storage of vehicles either awaiting repair/service once repair/service had been completed. Nye said that he does store vehicles outside on the subject premises. McArdle asked the frequency of outside storage. Nye said some vehicles are stored outside for as long as 2-3 days. an average of 7-19 vehicles are stored outside on any given day. McArdle asked if the Pedtioner would be able to limit the outside storage area to the north, west and east sides of his building. Nye said that he needs the parking are to the south of the building as well. He could not restrict the outside storage to any one area. He needs all locations for the storage of vehicles. Nye noted that he is able to comfortably store S vehicles inside of his building. but he definitely needs to be able to continue to store vehicles outside of the building. Lobaito noted that the survey completed by the property owner did not specify outside storage of vehicles as an exzsting use on the premises. This was not included in the original public notice prior to this hearing. McArdle asked that the hearing be recessed undl November 27, 1995, by which time � he will have published to request a conditional use for the outside storage of vehicles on the subject premises. MOTION TO RECESS Motion by Christensen, seconded by Lovett to recess this hearing until Monday, November 27, 1995 at 7 p.m. to allow far publication of nodce regarding the request for a conditional use to a11ow the outside storage of vehicles on the subject premises. Voting Aye: Burr, Christensen, Lovett, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: Nune. Absent: Semrow. � Page 4 ZBA-Nye 11/6/95 Motion carried 6-(?. Vice Chairman Tobeck recessed this hearing at 8:11 p.m. L Respectfully submitted U , �l f i�'�����'.� Donna Tobeck, Vice 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 Nye, Observers/Objectors (2), Aldermen Reference Copy, Building& Zoning Zoning File, Landmark Commission Chauman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(26) � � . _ ZONING BOARD OF APPEALS NOVEMBER 6, 1995 CITY OF MCHENRY IN THE MATT�:R OF THE APPLICATION ) � OF SHIRLEY S'TRACH, DANIEL STRACH ) Z-399(24) d/b/a COMMUNITY 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 ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the�ibove-captioned petition was held on September 18, 1995, recessed to October 2, 1995 and was recessed to this date. Vice Chairman Tobeck called the hearing to order at 7:23 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, John Swierk, Donna Tobeck. Absent: Harry Semrow. 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; Community Auto Parts represented by Daniel Strach, 3021 W Route 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 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. C�ENERAL OVERVIEW OF PROCEEDINGS Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-e�sting non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the sixth 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 - Page 2 ZBa-Strach 11/6/95 has been to assign the most restrictive zoning classification that is comparable to what each parcel was � classified in the County prior to the annexadon. In all cases where this is being requested, the City has signed the Petidori and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning t11an 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 Exhibit 1 entided "Zoning Board Hearing Dates' which identified 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 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. NOTIFICATION Notificadon of this hearing was published in the Northwest Herald on October 21, 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 properiy is located at 3021 West Route 120 McHenry and is the location of the Community Auto Parts & Sales business. �. 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 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 Vice Chairman Tobeck swore in the following wimess for the Petitioners: John A Lobaito, 333 S Green Street McHenry Illinois 60050. Daniel Strach, 3021 W Rte 120 McHenry Illinois 60050. Attorney McArdle said the hearing was recessed on October 2, 1995, due to the fact that there was a need to publish a request for a use variance with regard to the two dwellings which are located on the lots west of the Community Auto business. The original notice did not include this request. The request for use variance initially included only the caretaker apartment located above the Community Auto Parts business. Attorney McArdle said that with regard to the five trailers located on the subject premises which are being used for the storage of auto parts, no relief is being sought with regard to the trailers. They were not a permitted use in the county and they have not been included in the Petition before this Board. The �.. Petitioner stated that he understands that no relief is being requested with regard to the trailers being used for storage on the site. - Page 3 ZBa-Strach 11/6/95 �UESTIONS OF THE PETITIONER BY MEMBER OF THE BOARD � Christensen asked if the Petition contained the entire legal description for the subject property. Discussion ensued regarding the attached legal descripdon. It was the consensus of those present that the presentadon of the testimony would be concluded with the understanding that staff would determine prior to the conclusion of this hearing if the legal descripdon for this property was correct. Christensen asked if the trailers being used for storage on the premises are in viola6on of the city ordinance. Lobaito said they are. McArdle said they were not permittec� by the county and no action was taken by the county to allow them on the site. Swierk asked if the trailers should be covered in the modon. It was determined that the trailers need not be mentioned as they are in violation and could not be allowed by ordinance. MOTION TO REC�SS Motion by Swierk, seconded by Christensen, to recess this hearing until November 27, 1995 at 7 p.m. in order to re-publish including the entire legal description of the subject premises. Voting Aye: Burt, Christensen, Lovett, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Semrow. Motion carried 6-�). This hearing was recessed at 7:37 p.m. � Respectfully submitted , �Cl1i i,'/' n:'�'�`� Donna Tobeck, Vice 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 Strach, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(24) � ZONING BOARD OF APPEALS NOVEMBER 6, 1995 CITY OF MCHENRY ` IN THE MATTER OF THE APPLICATION ) � OF DANIEL ADAMS AND JOYCE ADAMS ) Z-399(20) AND THE CITY OF MCHENRY FOR ) DANIEL & JOYCE ADAMS ZONING AND A CONDITIONAL USE ) DAN ADAMS STEEL SERV PERMIT PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF ) 3003 W RTE 120 MCHENRY, MCHENRY COUNTY, ) �1, CONDITIONAL USE 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 2, 1995 and was recessed to this date. Vice Chairman Tobeck called the hearing to order at 7:10 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, John Swierk, Donna Tobeck. Absent: Harry Semrow. 2. Attorne� fc�r 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; Property owners represented by Daniel Adams, 3003 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 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 PROCEEDINGS Attomey McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-exisdng non-conformities as possible. All of the subject property was annexed into the City of McHenry c�n August 2, 1995. This is the sixth in a series of public hearings at which the zoning reclassificadon of recendy annexed property east of the river will be considered. City Council's direction � has been to assign the most restrictive zoning classificadon that is comparable to what each parcel was Page 2 ZBa-Dan Adams 11/6/95 � classified in the County prior to the annexation. In aIl 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 zaning 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 Exhibit 1 entitled "Zoning Board Hearing Dates" which identified 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 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 entided "McHenry County �oning Use Groups" marked as Petitioners E�rhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on October 21, 1995. The Publisher's Certifi�ate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to 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 3003 West Route 120 McHenry Illinois fi0050, and is the locatian of Dan Adams Steel Service. SUMMARY � The Petitioners are requesting that the subject property be reclassified from E Estate District to Il Industrial Zoning District and that a conditional use permit be granted to allow outside storage on the subject premises. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Pedtioners: John Lobaito, 333 S Green Street McHenry IL 60050. Daniel Adams, 3003 W Rte 120, McHenry IL 60050. Attorney McArdle said the hearing was recessed on October 2, 1995 due to the fact that there was a need to republish to request a condidonal use permit to a11ow outside storage on the subject premises. The Pedtioner stores large steel beams, up to 50 feet in length outside of his building. Adams said that the beams are stored in the fenced-in area which is located behind the front building line and extends to the rear property line. The turnover of inventory is continuous. Adams said the fence is setback from the front building line at least 100 feet. The fence is chain link with privacy slats. QITESTIONS OF THE WITNESSES BY MEMBERS OF THE BOARD Swierk asked if the outside storage could be limited to an area described as from the north building line to the south edge of the property. Adams said he would not store any materials outside of the fenced-in area. Adams agreed to amend the Petition on its face to indicate that the outside storage would be contained in the current enclosed fenced-in area. � Page 3 ZBa-Dan Adams 11/6/9S � Vice Chairman Tobeck said, "there being no further testimony before this Board with regard to this matter the Board will consider the Petition at this dme, unless there is a motion to recess by a member `— of the Board. There being no modon to recess, the Chair will entertain a motion with regard to the Pedtion." DELIBERATION AND RE OMMENDATION Motion by Swierk, seconded by McClatchey, to recommend to the City Council that the Pedtioners request that the subject property be reclassified from E Estate Zoning District to I-1 Industrial Zoning District be granted; that the request for a conditional use permit to allow outside storage of inventory within the current fenced-in area be granted; that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance, have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the zoning ordinance, have been met. Voting Aye: Burr, Christensen, Lovett, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: I�Jone. Abstaining: None. Absent: Semrow. � Motion carried 6-(l. Vice Chairman Tobeck recessed this hearing at 7:23 p.m. Respectfully submitted %C�!'?��/'� �1-c�-!�'�:�C"� Donna Tobeck, Vice 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 Dan Adams, Observers/Objectors (2), Aldermen Reference Copy, Building& Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(20) � + ZONING BOARD OF APPEALS NOVEMBER 6, 1995 CITY OF MCHENRY IN '�'HE MATTF.R OF THE APPLICATION ) � OF JEFFREY KLEINHANS AND THE ) Z-399(19) CITY OF MCH�:NRY FOR ZONING, A ) KLEINHANS CONDITI4NAL USE AND A ) VARIATION, PURSUANT TO THE ) ZONING ORDINANCE OF THE CITY OF ) W RTE 120 MCHENRY, MCHENRY COUNTY, ) I1, C5, CONDITIONAL USE ILLINOIS. ) VARIATION REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on November 6, 1995. Vice Chairman Tobeck called the hearing to order at 8:21 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey,John Swierk, Donna Tobeck. Absent: Harry Semrow. 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 Jeffrey Kleinhans, 919 Spring Beach Road Cary Illinois 60013. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, SO N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court 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. 3. Alicia Gutzman, 422 Dowell Rd McHenry IL 60050. 4. Laverne Hoffstetter, 1021 Plymouth Lane McHenry IL 60050. GENERAL 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 sixth in a series of public hearings at which the zoning �, reclassificadon of recendy annexed property east of the river will be considered. City Council's direcdon has been to assign the most restrictive zoning classification that is comparable to what each parcel was Page 2 ZBA-Kleinhans 11/6/95 classified in the County prior to the annexadon. In a11 cases where this is being requested, the City has � signed the Petidon 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. McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entided "Zoning Board Hearing Dates" which identified which parcels will be heard on each of the five tentative hearing dates. Also entered into the record on August 21, 1995 was Petitioners E�rhibit 2 entided "Plat of Annexadon" 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 Groups" marked as Petitioners Exhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on October 21, 1995. The Publisher's Certiticate 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 on West Route 120 at the southwest corner of the intersection of its intersection with Northside Avenue, McHenry Illinois 60050. �UMMARY `.. The Petidoners are requesting that Parcel2 of the subject property be reclassified from E Estate District to I-1 Indastrial Zoning District; that Parcel 1 of the subject property be reclassified from E Estate District to C-5 Highway Commercial Zoning District; that a conditional use permit be granted to parcel 1 to a11ow the following uses: Outside storage (mosdy vehicles); and that a variation to permit a lot area of 6,250 square feet and lot width of 100 feet on lots 5 and 6 of Parcel 2, be granted. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: John Lobaito, 333 S Green Street McHenry IL 60050. Jeffrey Kleinhans, 919 Spring Beach Road Cary Illinois 60013. Lobaito said that the subject property is currently being used to conduct a used car lot, a bait shop on Parcel 1, which is proposed CS Highway Commercial. Parcel 2 is being used as light industrial, warehousing and storage. There is a multi-tenant building as well as an accessory structure on Parcel 2. Prior to annexation, the property was zoned B 1, B2 and IV in the county. Attorney McArdle went over the Approval Criteria for Zoning Amendment and the Approval Criteria for Conditional Uses as stated in the petition. � Lobaito pointed out that a conditional use permit is being requested for outside storage of vehicles. The petidoner is required to have a conditional use permit for an open sales lot, as that is what is actually being conducted on the site. There is no other actual outside storage. �Page 3 ZBA-Kleinhans Il/6/95 Lobaito said the Pedtioner is requesting a variance as to lot area and lot width for Lots 5 and 6 of Parcel � 2. Once re-classii�ied, these lots would no longer be buildable according to the zoning ordinance which requires that all industrial lots be a minimum of 15,000 square feet and have 100 feet of frontage. McArdle went over the Approval Criteria for Zoning Amendments, Conditional Uses and Variations as stated in the Petition. Kleinhans said he has owned the subject property for 22 years. He is the landlord and caretaker of the premises. Attorney McArdle asked Kleinhans if he would be willing to limit the term of the condidonal use to the dwation of the lease of the tenant for which the conditional use is being granted. Kleinhans said he would prefer to have the conditional use be open ended. McArdle asked Kleinhans what type of outside storage was being requested. Kleinhans said the outside storage is actually the used car lot. The only other outside starage would be a delivery van for one of the industrial tenants. McArdle noted that there should be a request for an open sales lot in the conditional use request. This matter will have to be recessed at the close of testimony until such time as publication is made regarding the open sales lot. Kleinhans said he has no definite plans for lots 5 and 6. He wouid like the freedom to be able to do something similar to what he constructed on lots 1-4. OUESTIONS OF THE WITNESSES BY MEMBER OF THE BOARD Lovett asked if the Conditional Use is being requested solely for Parcel 1, the proposed commercial � property. Lobaito said he would need to asked the Petitioner. Christensen asked why a variation is being requested. In all other instances for properties east of the river, the bulk area requirements have not been addressed. Why is it critical to grant a variadon in this instance? Lobaito said the City has represented to the property owners east of the river that they would be granted the same uses and rights which they currendy have with their property. To not grant a variation would constitute a taking, because the pedtioner would no longer have a buiidable piece of property according to city code. Swierk said that lots 1,2,3, and 4 of Parcel 2 would sdll be non- conforming. Lobaito said that is correct; however those lots are already improved with structures. Swierk asked if the petitioner could not combine lot 5 and lot 6 in order to create a buildable lot. Lobaito said each lot is currendy considered buildable in the county without being combined. A lengthy discussion ensued regarding non-conforming lots and the possible need for variances. Lobaito said that in every case, each petitioner has been granted what he was seeking regarding their property. This petition is the only petition before this board regarding the properties each of the river for which a variation is being sought. Lovett said he would like paragraphs 5 and 6 of the petition rewritten to reflect that the conditional use for the open sales lot would be permitted only on lots 8,9 and 13 of Parcel 1. McClatchey said that with regard to the elcisting flashing signs and rooftop signs, would these be permitted? Lobaito said they are in violation of the ordinance and would not be permitted. � 'Page 4 ZBA-Kleinhans 11/6/95 SZU�STIONS Ol� THE PETITIONER BY OBSERVERS/OBJECTOR ,� Alicia Gutzman: Have any provisions been made to assure that there will be screening between the industrially zoned property and the abutting residendal property to the east and south? Lobaito said that the city has screening requirements. If there was a violation existing at time of annexadon the city would ask Mr. Kleinhans to rectify the problem. However, just because the property is being reclassified does not mean that he must meet all of the screening requirements. If he were to building on lots 5 and 6 he would be required to meet all zoning requirements as to new construction, however. I.averne Hoffstetter: Lot 7 was zoned industrial in the county. It is now being proposed to be commercial, is that conect? Lobaito said that is correct. Hoffstetter asked if Mr. Kleinhans were to build on lots 5 and 6 would be subject to water retention restrictions so that he would not flood out the neighborhood. Lc�baito explained that a11 new development must submit engineering and indicate how surface water runoff would be handled. The developer would not be permitted to discharge at any greater rate than currendy exists on the site. Christensen asked what was the county variance on the industrial property. Lobaito said he does not know but would fmd out prior to the next hearing. McArdle asked that the hearing be recessed until November 27, 1995, by which time he will have published a request for a conditional use to allow an open sales lot limited to lots 8,9 and 13 of Parcel 1. Qutside storage shall be deleted from the request for conditional use permit. The Petition was so amended. `, MOTION TO RECE Motion by Christensen, seconded by Lovett to recess this hearing until Monday, November 2�, 1995 at 7 p.m. to allow for publication of nodce regarding the request for a conditional use to allow an open sales lot limited to lots 8,9 and 13 of Parcel 1. Voting Aye: Burr, Christensen, Lovett, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Semrow. Motion carried 6-0. Vice Chairman Tobeck recessed this hearing at 9:12 p.m. Respectfully submitted ���;'�J��� �/G�-�.� C��- Donna Tobeck, Vice 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 Kleinhans, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning � Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(19)