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HomeMy WebLinkAboutMinutes - 10/30/1995 - Zoning Board of Appeals � ' ZONING BOARI) OF APPEALS OCTOBER 30, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) Z-399(38) � OF ED'S PIZZA 8c PUB AND THE CITY ) OF MCHENRY FOR ZONING AND A ) ED'S PIZZA &, PUB CONDITIONAL USE PERMIT ) LAMBERT PURSUANT TO THE ZONING ) 2214 W RTE 120 ORDINANCE OF THE CITY OF ) CS,CONDITIONAL USE MCHENRY, MGHENRY 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 30, 1995. Acting Chairman Swierk called the hearing to order at 7:08 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, John Swierk. Absent: Frank McClatchey, Harry Semrow, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Direetor 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. Attomey for the Petitioner: Zukowski Rogers Flood and McArdle represented by Da�id McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: Mayor Cuda, 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. �ENERAL 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 fifth in a series of public hearings at which the zoning reclassification 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 Pedtion and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co-petitioner and the applicants will represent themselves at the hearing. � Page 2 ZBA-Ed's Pizza 10/30/95 � McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entided "Zoning Iioard 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 Petinoners 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 endded "McHenry County Zoning Use Garoups" marked as Petitioners Exhibit 3. 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. LOCATION The subject property is located at 2214 West Route 120 McHenry, and is the location of Ed's Pizza & Pub. SUMMARY 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: Outdoor volley ball court with tournaments twice per year; Horseshoe pits with tournaments twice per year; � Outdoor sales and service of liquor, beer and wine. TESTIMONY The following witnesses were swom in for the Pedtioners: John A Lobaito, Director of Building & Zoning Department, City of McHenry. Leslie Lambert, 2214 West Route 120, McHenry Illinois 60050. Attomey McArdle noted that in viewing the site, it was noted that there is an existing billboard on the subject properiy. The billboard was not included in the list of requested uses for which the conditional use pernut is intended. It would therefore be necessary to re-publish for this petition. The Board is free to hear all testimony this evening; however, there could be no recommendation made until such time as proper notification requirements have been met regarding the conditional use request for a billboard on the site. McArdle said that the property was classified B2 in the county prior to annexation into the City. Normally B2 properties are classified C3 in the city. However, due to the listed existing uses for which a conditional use permit is needed in order to bring this property into conformance in the city, it would be necessary to reclassify the subject property to C5. Discussion followed regarding the volleyball courts and horseshce pits. It was the consensus of those present that the conditional use permit should include those uses as the Petidoner is permitted to have them at this time according to county ordinance. � Lobaito said there is one principal building on the property which is being used as a restawant/pub. Lobaito said CS zuning would be necessary in order to accommodate volley ba11 courts and horseshoe pits as condidonal uses. � Page 3 ZBA-Ed's Pizza 10/30/95 � Attorney McArdle went over the Approval Criteria for Reclassification and the Approval Criteria for Conditional Uses as stated within the Petition. � S�UESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD Christensen asked if the outside operations should be a conditional use or if a temporary use permit would suffice. Lobaito said if the volleyball courts and horseshoe pits are installed and they are permanendy a part of the operation, then a conditional use permit would be required. If they are used only occasionally dw�ing the year, then a temporary use permit would suffice. Christensen said he is concerned regarding potential noise nuisances from the horseshoe pits. TESTIMONY Lambert stated that he and his wife are the contract purchasers of the subject property. Lambert stated that he would like the courts and pits installed so that they could be used year round. There would only be two tournaments each year, however. He said he would be willing to limit the use of the volleyball court and the horseshoe pits to daylight hows only. S2UESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD Christensen asked if the business was permitted to sell packaged liquor in the county? Lambert said he was not. Christensen asked if the tournaments would be weekend tournaments? Lambert said they would. Swierk asked if the horseshoe pits and volleyball courts would be lighted. Lambert said they would not. �'' Christensen asked if there would be a bar set up outside by the pits or courts. Lambert said there would not. He would just like to freedom to have his patrons carry their drink in a plastic glass outside while they observe or participate in the tournaments. He said there would be no sales of alcohol outside of the building. He agreed to restrict the outside "service" of liquor/alcohol to those times during tournaments only. The Pedtioner agreed to amend the request for conditional use permit to the following uses: Billboard Outdoor volley ball court with toumaments 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 toumaments only. MOTION TO RECESS Motion by Christensen, seconded by Lovett, to recess this hearing until Monday, November 20, 1995 at 7 p.m.; and that the Public be Notified as to the request for a conditional use permit to allow a billboard on the subject premises. � � Page 4 ZBA-Ed's Pizza 10/30/95 Vodng Aye: Burr, Christensen, Lovett, Swierk. �-' Voting Nay: None. Not Voting: None. Abstaining: Nor�e. Absent: McClatchey, Semrow, Tobeck. Motion carried 4-0. This hearing was recessed at 7:30 p.m. Respectfully submi Jo wie k, Acting Chairman Zonin d 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 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 OCTOBER 30, 1995 CITY OF MCHENRY IN THE MATTF,R OF THE APPLICATION ) � OF RICHARD AND RITA ADAMS FOR ) Z-399(10) ZONING AND (:ONDITIONAL USE ) ADAMS ENTERPRISES PERMIT, PURS UANT TO THE ZONING ) RICHARD 8c RITA ADAMS ORDINANCE OF THE CITY OF ) 2600 W RTE 120 MCHENRY, MC'HENRY 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. Chairman Semrow called the hearing to order at 7:32 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Frank McClatchey, Donna Tobeck. 2. Attomey fi�r Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioner: Adams Enterprises represented by Richard Adams, 1618 W Lincoln Rd McHenry IL 60050. 6. Attomey for the Petidoner: Militello Zanck and Coen represented by Mark Saladin , 40 Brink Street Cry stal Lake Illinois 60014. 7. City Council Members: Mayor Cuda, City Clerk Althoff. 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. 3. Don Snooks, 1207 Hillside Ln McHenry IL 60050. 4. Tony & Terry Loden, 1213 Hillside Ln McHenry IL 60050. 5. Ronald Dopke Sr, 2801 Lincoln Rd McHenry IL 60050. 6. Ed Schultz, 1205 Hillside Ln McHenry IL 60050. 7. Robert & Karen Leake, 1113 Hillside Ln McHenry IL 60050. 8. Mike & Mary Jo Mundt, 2306 Glenwood Ln McHenry IL b0050. 9. Rosemary Suchomski, 2304 Glenwood Ln McHenry IL 60050. 10. Ron & Tammy Raupp, 1215 Hillside Ln McHenry IL 60050. : � 11. Tom Liston, 1315 Hillside Ln McHenry IL 60050. 12. Dan Chapman, 1400 Woodland Ln McHenry IL 60050. 13. Les Lambert, 2214 W Rte 120 McHenry IL 60050. � Page 2 ZBA-Adams Ent. 10%30/95 14. Sharon Lane, 1214 Hillside Ln McHenry IL 60050. � 15. Randy & Cathy Biittner, 1211 Hillside Ln McHenry IL 60050. 16. John Pfeifer, 2404 Glenwood Ln McHenry IL 60050. 17. Rich R oth, 1208 Hillside Ln McHenry IL 60050. NOTIFICATION Notification of this hearing was published in the Northwest Herald on October 13, 1995. The Publisher's Cerkificate of Publicadon is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that a11 notification requirements have been followed is on file in the office of the City Clerk. LOCATION The subject property is located at 2600 West Route 120 McHenry, and is the location of Adams Enterprises. SUMMARY The Petidoners are requesting that Parcel 1 of the subject property be reclassified from E Estate District to CS Highway Cummercial District; that Parcel 2 of the subject property be reclassified from E Estate District to BP Business Park District; and that a Conditional Use Permit be granted to allow the following uses on Parcel 1 of the subject premises: Outdoor advertising sign (Billboard); Outside st�rage; Open sales lot; � Automobi:ie service and repair facility; Trailer se�vice and repair facility. TESTIMONY The following witnesses were sworn in for the Petitioners: Mark Salad.in, 40 Brink Street Crystal Lake IL 60014 Richard Adams, 1618 W Lincoln Rd McHenry IL 60050. Saladin gave an overview of the subject property including all cunent uses. He stated that this property was annexed into the city of McHenry voluntarily in August, 1995. Prior to the annexadon the majority of Parcel 1 was zoned B3; the remainder of the property was zoned R1. As a result of the annexation all of the property is zoned E Estate which is automatic upon annexation into the City. Saladin delineated Parcel 1 and Parcel 2 on the Plat of Survey. It was noted that there are three legal descriptions attached to the Petition: a) total property being discussed in the petition; b) Parcel 1 (CS); c) Parcel2 (BP). Saladin said this matter was presented before the Plan Commission about ten days ago in order to request a map amendment of the Comprehensive Plan. It was the recommendation of the Plan Commission that the Comprehensive Plan Map be amended as requested by the Petitioner. Saladin provided the current zoning classification and uses of all abutting properties. Saladin noted that Parcel 1 consists of 18.52 acres; Parcel2 is comprised of 31.48 acres. Total acreage of the site is 50.83 acres. � Saladin said that when permission was received from IDOT to install the left turn lane from Route 120 he was required to dedicate a roadway that the left turn lane was accessing. There is a dedicated road � Page 3 ZBA-Adams Ent. 10/30/95 entering Adams E�iterprises. The entire property is fenced with a slatted chain link fence which is used � for screening. There is a berm located on the east property line. Saladin went over the Approval Criteria for Reclassification and the Approval Criteria for Conditional Uses as stated in the Petidon. Adams ratified the contents of the Petition. �UESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD Christensen said that in looking at the Plat of Survey, has the Fetitioner ever received a variance as the multiple buildings on a single lot? Adams said he has not. Swierk asked if the road that was mentioned going north from Route 120 at the intersection with the left tum lane, would that road be dedicated to the City? McArdle said that is conect. Swierk asked why there is such a strange configuration for the CS Parcel. Adams said he needs more room for his business to grow. Swierk asked if there was a land use plan for the site. Adams said there is not. Christensen asked why the CS Parcel has been extended farther to the north from the middle of Eastwood Manor lot 5 to the middle of Eastwood Manor lot 7? Adams said he is planning for expansion of his business. Semrow said there were no variances granted, but were there conditional use permits granted? Adams said there were not. Semrow asked if there were any bodies of water which were not man-made on the � site. Adams said there were not. Swierk asked if there was a permit for the concrete foundation which is shown on the survey. Adams said he has a building permit from the city. Lobaito said the permit is for an accessory structure. The ordinance does not limit the number of accessory structures permitted in the commercial district. Saladin said there are very stringent landscaping and screening requirements in the Business Park regulations and the Petitioner will comply with all that's required of him. Lovett asked if it would be correct to state that the Petitioner would never come back before this Board to seek a conditional use or variance for the Business Park Parcel, if it were granted this classification. Saladin said that is not exacdy correct. There are many uses permitted in the Business Park setting which would require a conditional use. It is possible that at some point the Petitioner would be required to come before this Board to request a conditional use or variance. QUESTIONS OF THE PETITIONER BY OBSERVERS/OBJECTORS Sharon Iane: How many extra feet are being proposed to be CS Commercial abutting the residential district to the east? How many feet to the north of the existing B3 boundary is being proposed to be CS? Adams said approximately 150 feet. STATEMENT BY PETITIONER Saladin said this is a unique request in that it is occurring after the annexation to the City has already � taken place. This is an e�cisting business and an existing business owner. This business has been in operation for 41 years, 10 of which have been at the current site. Creating the CS District would increase sales tax revenue for the City. We are asking for CS along the highway and Business Park for ' Page 4 ZBA-Adams Ent. 10/�0/95 the portion of the property which is undeveloped to the north and not adjacent to the highway. We feel � it makes more sense th�n developing this site as a residential subdivision. Your Petitioner asks that the Board make a positive recommendation to the City Council with regard to this Petition. TESTIMONY AND STATEMENTS BY OBJECTORS Chairman Semrow swore in the following representatives for the Objectors: Donald Snooks, 1207 Hillside Ln McHenry IL 60050. Tony Loden, 1213 Hillside Ln McHenry IL 60050. Robert Leake, 1113 Hillside Ln McHenry IL 60050. Sharon Lane, 1214 Hillside Ln McHenry IL 60050. It was determi.ned that Snooks and Loden are the spokepersons for the Objectors. However, Leake and Lane wish to make statements regarding this matter as well. The Objectors presented the following E�chibits for review by the Board: Exhibit A: "Petidon to Prevent Zoning" Exhibit B: "Notes for Zoning Board Meeting 10/30/95" E3chibit C: "Debris Behind Lot #5" Photo Exhibit D: "Residential Sight Lines for Proposed Business Park" cross-section Eachibit E: "Zoning Map". Donald Snooks: Snooks laid out the concems of the Eastwood Manor Residents as follows: � 1. The lake located in the midst of the Eastwood Manor Subdivision was dead 15 years ago. It is owned by the residents of the subdivision. The Adams property sheds into the lake. The only area equal to or at a lower elevadon than the lake is along the eastem property line in the area designated to be Business Park. There is concern regarding contamination of the lake they have worked so hard to save. 2. The residents of the subdivision have no concerns regarding the proposed CS Commercial zoning designation, with the single exception of the additional encroachment to the north. The commercial district would be extended 150 feet from the existing business zoning district boundary. 3. There are concems regard.ing the prevailing winds in the area which are from ihe west. There is a worry that the winds would bring additional noise and odors into the subctivision. As the Business Park is developed it could affect the entire subdivision. 4. There is also concem regarding saturated ground and possible ground contamination. There are two tanks located on the property. It is unknown what these tanks contain. 5. There is a private water company which services the residents of Eastwood Manor. One well is located approximately '/ mile east of the existing business; another well is located approximately '/ mile north of the existing business. 6. The berm which has been mentioned extends only along the rear of lots 5,6, and 7. The berm was extended to screen the additional 150 feet of commercial property the Petitioners are seeking. The topography of the site dces create a somewhat natural berm along a great portion of the eastern properiy line. 7. The land in the proposed Business Park is a higher elevation than the adjacent residential � lots. There is concern about surface water run-off to adjacent residential properties. 8. There are concerns regarding a possible decrease in property values due to the proposed additional commercial zoning and the proposed Business Park. There would be less • ^Page 5 ZBA-Adams Ent. 10/30/95 imFact upon existing residential property values if the proposed Business Park were � developed ass residential lots. 9. The residents of the neighborhood are bothered by odors of tires buming and paint fumes which they believe come from the Adams property. They are concemed that there could be rnore of the same with the expansion of the commercial property. S�UESTIONS BY MEMBERS OF THE BOARD Semrow asked how many feet of lot 7 abut the proposed CS district. Snooks said all 80 feet of rear property line abut the proposed CS district. Lovett asked if there had been studies done regarding a possible impact on property values. Snooks said there had not. Semrow asked if the objectors can substantiate that the odors are emanating from the Adams property. Snooks said they cannot. Lovett asked if the Objectors had figures which would indicate that the property values would be less adversely impacted by the development of the property as residential as opposed to a Business Park. Snooks said they do not. Semrow asked if the Objectors had attended the Plan Commission meeting regarding the proposed Comprehensive Plan Map Amendment. Loden said the amendment was approved, but there was a list of concems shown by the Plan Commission which should be addressed prior to development of this property. Swierk said if this property was developed as a residential subdivision, there would be at least 80 homes. Would the neighbors of Fastwood Manor prefer to see the roof tops of 80 homes as opposed to the number of buildings which would be found in a Business Park. Snooks said they would. Swierk said that with regard to the surface water run-off contamination, if the Business Park were developed, the � developers would be required to retain the run-off onsite. The rate of flow from the property could not be increased from what is existing today. There would be more control if this were developed as a Business Park than if it were developed as a residendal subdivision. The Business Park resbricdons and requirements are more comprehensive than those in a residential development. TESTIMONY AND STATEMENTS BY OBJECTORS Tony Loden: Loden discussed the visual cross-section of the view of the subject property from the east (Objectors EJchibit D). Loden said the berm rises approximately 8 feet above the grade on this property. The grade of this lot is approximately 10 feet above the Adams property for a total difference in elevation of 18 feet. Loden said the residents on this lot would be looking at building stacks, etc. if this was developed as a Business Park as the normal height of such a building would be 30 feet - plainly visible from abutting residential properties. The residents would be able to see these stacks, buildings, etc from their rear windows. Loden said the residents would prefer to have this property developed as residential rather than Business Park. Loden said the residents would prefer to have the property remain residendal. There would be higher real estate taxes if the property were to remain residential. Adams said there is a 6 foot fence on top of the berm and Arborvitaes have been planted to more than adequately screen these lots from his properiy. Chairman Semrow called for a recess at 8:52 p.m. The hearing reconvened at 9:02 with all still in attendance. � Lovett asked if the lake had been surveyed; is it being spring fed. Snooks indicated that there are several springs which feed into the lake. Drainage from the lake leaves between lots 4 and 5 of Eastwood Manor and drains onto the Adams property. Lovett asked Adams what is contained in the • 'Page 6 ZBA-Adams Ent. 10/30/95 two tanks. Adams said it is waste oil which he uses in his fumace as a source of heat. � Semrow asked the Objectors if there were other objections to the existing business other than the worry about contamination of the lake. Snooks said there are abandoned vehicles, abandoned steel and other junk which the Objectors would like to have removed or stored inside on the premises. In addition to the removal or inside storage of these things, the Objectors would prefer to see Parcel2 remain zoned E Estate District until such time as the developer has a specific plan in mind. Swierk asked McArdle if there would be a problem with assigning two zoning districts on a lot which has not been subdivided, which is only delineated by parcel numbers. McArdle said that is not a problem. Lovett asked Adams how long before he would be able to clean up his site and remove the debris. Adams said that it is the nature of his business to have vehicles, materials, etc. stored on his premises. He uses them in rebuilding other vehicles, trailers, machines, trucks, etc. Swierk asked how the Board can define the area of outside storage permitted and what types of items would be permitted to be stored outside. Semrow said that would be impossible to do. Adams said he would agree to the stipulation of not storing anything outside of the fenced in area. REBUTTAL BY PETITIONERS Saladin said the there is not statutory requirement of a specific plan when zoning reclassification is being requested. There would be a time to voice concerns of adjacent property owners when the platting of the property takes place. That would also require a public hearing. The fence, screening and berm have � all been installed by Mr. Adams in order to help his neighbors. Saladin noted that the Objectors did not address the Approval Criteria for Reclassification in their testimony. Saladin said that the real estate taaces would not change until the property is developed. There would be no benefit as to the property remaining residential. There would be no change in real estate taxes until the property is actually developed, no matter the zoning classification. nUESTIONS OF PETITIONERS Dan Chapman: Chapman said there is a berm and a slatted fence on the east property line. What about the north property line by Hilltop School? He lives by Hilltop School and there is a good view of the entire Adams property from this point. Is the Petitioner stating that there is a fence and berm and trees along the north property line? This area is wide open. Semrow asked Chapman how much higher his property is than the Adams property. Chapman estimated that his property is 30-50 feet higher than the Adams property. Ed Schultz: Why does the Peddoner need 150 more feet of commercial property abutting the residential district? Adams said he needs this for business expansion. Schultz said that all of the junk which is behind his house, would it be put in the new building when construction is completed? McArdle said that the Petitioner has stated that he would maintain all storage within the fenced in area; he did not state that it would be stored inside of the new building. Don Snooks: Why can't the Petitioner expand the business to the west? why must he expand to the north? � � +Page 7 ZBA-Adams Ent. 10/30/95 CLOSING STAT'EMENT BY OBJECTORS � Tony Loden: "Any blanket zoning should not be granted. Without a specific plan, this proposal should be denied, until such time as Mr. Adams knows what he wants to do with this property. He can then come back to the ciry with a specific plan." Robert Leake: "I live on lot 4 of Eastwood Manor Subdivision. I wge the Board to take a look at what we are talking about, having lived next to the property for 7 years. Mr. Adams has put up a fence and Arborvitae. There are many trailers and much scrap located on this property. Lights shine in my home. I hc;ar ventilation system from 5:30 a.m. until 6 p.m. each day. Paint and chemicals create strong odors in the area. I have concems regarding the type of buildings Mr. Adams would put up on this site. We would like to see nice brick structures, but we worry he will put up metal shacks which will affect my property values. Look at what is out there now." Sharon Lane: "I Live across the street from Mr. Adams property on Hillside Lane. I am a realtor and real estate will suf'fer an economic impact if zoned as requested which would affect some 200 homes in the Eastwood Manor Subdivision. If a residential subdivision were developed there would not be such a negative impact on existing residential development. Chairman Semrow said, "there being no fiuther testimony before this Board with regard to this matter, the Board will consider the matter at this time, unless there is a modon to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." D�LIBERATION AND RECOMMENDATION � Motion by Christensen, seconded by Swierk, to recommend to the City Council that the Petitioners' request that Parcel 1 of the subject property be reclassified from E Estate Zoning District to CS Highway Commercial District be granted; that Pa.rcel2 of the subject property be reclassified from E Estate District to BP Business Park District; that a Conditional Use Permit be granted for Parcel 1 to permit the following uses on the subject premises: Outdoor advertising sign (Billboard); Outside storage; Open sales lot; Automobile service and repair facility; Trailer service and repair facility; 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. DISCUSSION ON THE MOTIQN Lovett asked if there could be some restrictions imposed regarding the type and location of outside storage. Swierk said that the Board might want to consider banning abandoned vehicles from outside storage on the site. Semrow said he dces not know how the Board can address this issue without knowing exactly what types of items are actually being stored outside on the premises. Lovett asked if other than large items which would not fit into a building, would the Petitioner agree to storing all other items inside a building. Adams said basically, but it would be difficult to determine what things � would or should fit in a building and which would not. This is the nature of his business to have this type of outside storage. � �Page S ZBA-Adams Ent. 10(�0/95 VOTING ON THE MOTION � Chairman Semrow called for a vote on the modon: Voting Aye: Burr, Semrow. Voting Nay: Christensen, Lovett, Swierk. Not Voting: None. Abstaining: None. Absent: McClatchey, Tobeck. Motion failed to carry 2-3. There will be no recommendation to the City Council with regard to this matter. Swierk said that his concern and reason for denying the Petition was the extension of the commercial property to the north an additional 150 feet abutting residential development. Christensen said the unique configuration of the commercial portion, Parcel l, has him convinced that the Petitioner has a plan for the property. The strange configuradon would seem to indicate a proposed roadway. This would seem to indicate that there is something going on which the Board is not knowledgeable about and he is not comfortable with that. This hearing was adjoumed at 9:37 p.m. � Respectfully submitted F.uc.G Harry S ow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attorney, Engineering Inspector, Petitioner Adams, Observers/Objectors (17), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(10) � ZONING BOARD OF APPEALS OCTOBER 30, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF RICHARD AND RITA ADAMS AND ) Z-399(30) THE CITY OF MCHENRY FOR ZONING ) ADAMS POWER EQUIP AND A CONDITIONAL USE PERMIT ) RICHARD &c RITA ADAMS PURSUANT TO THE ZONING ) 2103 W RTE 120 ORDINANCE OF THE CITY OF ) CS,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 30, 1995. Acting Chairman Swierk 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, John Swierk. Absent: Frank McClatchey, Harry Semrow, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. �, 4. D'uector of Building & Zoning: John A. Lobaito. 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito; Adams Power Outdoor Equipment represented by Richard Adams, 1618 W Lincoln Rd 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: Mayor Cuda, 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. GENERAL 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-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the fifth in a series of public hearings at which the zoning reclassification of recendy annexed property east of the river will be considered. City Council's direction � has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In all cases where this is being requested, the City has signed the Pedtion and is a co-petitioner. In some instances, the petitioners are seeking more intense Page 2 ZBA-Adams Power 10/30/95 zoning than they �vere 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 tentadve hearing dates. Also entered into the record on August 21, 1995 was Petitioners Exhibit 2 entided "Plat of Anneaation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record on August 21, 1995, was a document entided "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on Octaber 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 a11 abutting properties via certified mailing. An Aifidavit 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 2103 West Route 120 McHenry, and is the location of Adams Power Outdoor Equipment. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; and that a Conditional Use Pemvt be granted to allow the following uses `, on the subject premises: Outside sales of lawn/garden power equipment Open sale lot for display of sheds Outside storage of equipment. TESTIMONY The following witnesses were sworn in for the Petitioners: John A Lobaito, Director of Building & Zoning Department, City of McHenry. Richard Adams, 1618 W Lincoln Rd, McHenry Illinois 60050. Lobaito said the subject property is located immediately south of the Riverside Chocolate Factory. It is southwest of the intersection of Chapel Hill Road and Route 120. Lobaito said that prior to annexation into the city, the property was classified B3 in the county. In order to accommodate the existing outdoor uses, a condidonal use pemnit is needed. Lobaito said the outside storage is contained from the rear building line south to the rear of the property. All outside storage is fenced-in with a slatted chain link fence. Attorney McArdle went over the Approval Criteria for Reclassification and the Approval Criteria for Conditional Uses as stated within the Petition. Adams said he leases the property to Gary Adams who has operated this business for about one year. � He said he has not intendon of changing any of the existing uses on the premises. Adams said the outside storage is i or the equipment which is sold or repaired through the business operation. Page 3 ZBA-Adams Pow�;r l�/30/95 � Q[JESTIONS O�� THE PETITIONERS BY MEMBER OF THE BOARD � Swierk said that if the Chapel Hill Road is extended as planned for, how would this impact the property. Adams said that h�� would lose land on the east side of the property but there is an agreement with the county whereby h�; would be given land from the farm on the west to make up for the loss. Acting Chairman 5wierk said, "there being no further testimony before this Board with regard to this matter, the Board will consider the 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." DELIBERATION AND RECOMMENDATION Motion by Christensen, seconded by Lovett, to recommend to the City Council that the Petitioners' request for reclassification from E Estate Zoning District to C5 Highway Commercial District be granted; tbat the request for a conditional use permit to allow the following uses: Outside sales of lawn/garden power equipment; Open sale lot for display of sheds; Outside storage of equipment; 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 Condidonal Uses, Table 31, pages 357-358 of the zoning ordinance, have been met. � Vodng Aye: Burr, Christensen, Lovett, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Mc(�latchey, Semrow, Tobeck. Motion camied 4-(►. This hearing was recessed at 9:48 p.m. Respectfiully submitted ` Swierk, Acting Chairman nin 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 Adams, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(3Q) � ZONING BOARD OF APPEALS OCTOBER 30, 1995 _ • CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF NORTHWEST ELECTRICAL SUPPLY ) Z-399(17) CO AND THE CITY OF MCHENRY FOR ) NORTHWEST ELECTRICAL ZONING AND C;ONDITIONAL USE ) REINDL PERMIT PURSiTANT TO THE ZONING ) 2414 W RTE 120 ORDINANCE OF THE CITY OF ) � C5,CUNDITIONAL 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 30, 1995. Acting Chairman Swierk called the hearing to order at 9:52 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett, John Swierk. Absent: Frank McClatchey, Harry Semrow, Donna Tobeck. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. �,,, 4. Director of Building & Zoning: John A. Lobaito. 5. Pedtioner: City of McHenry represented by Director of Building & Zoning Lobaito 6. Attorney fi�r the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, �0 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: Mayor Cuda, 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. 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 fifth in a series of public hearings at which the zoning reclassification of recentiy annexed property east of the river will be considered. City Council's direction has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In all cases where this is being requested, the City has � signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co-petitioner and the applicants will represent themselves at the hearing. � w Page 2 ZBA-NW Electrical 10/30/95 .-- McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 � endtled "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 Anneaation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record on August 21, 1995, was a document entitled "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. 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. LOCATION 1'he subject property is located at 2414 West Route 120 McHenry, and is the location of Northwest Electric Supply Cu. SUMMARY The Petitioners are requesting that the subject properiy 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 subject premises. Attomey McArdle asked that the matter be recessed undl November 20, 1995, at which time the `.,. applicants would be requested to be present to offer tesdmony with regard to the business operation on the site. MOTION TO RECESS Modon by Christensen, seconded by Lovett, to recess this hearing until Monday, November 20, 1995 at 7 p.m.; and that the Petitioner be notified that is presence is requested for the purpose of responding to questions with regard to his business operation on the subject premises. Voting Aye: Burr, Christensen, Lovett, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: McClatchey, Semrow, Tobeck. Motion carried 4-0. This hearing was recessed at 9:54 p.m. Re tfully ' e J wierk, Acting Chairman nin Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan 'ssion (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector, � Petitioner Reindl, Observers/Objectors (2), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(17)