HomeMy WebLinkAboutMinutes - 10/23/1995 - Zoning Board of Appeals � ZONING BOARD OF APPEALS
OCTOBER 23, 1995
-�� CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION ) Z-399(45)
.� OF SCOTT WILLE AND THE CITY OF ) WILLE
MCHENRY FOR ZONING, PURSUANT ) 3106 W RTE 120
TO THE ZONING ORDINANCE OF THE ) C3
�ITY OF MCHENRY, MCHENRY )
COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on October 16, 1995 and was recessed to this date.
Chairman Semrow called the hearing to order at 9:41 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
� 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
7. 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. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Etemick, 2106 Holly Ct McHenry IL 60050.
rENERAL 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 fourth in a series of public hearings at which the
zoning reclassification of recendy annexed property east of the river will be considered. City Council's
direction has been to assign the most restrictive zoning classification that is comparable to what each
parcel was classified in the County prior to the annexation. In all cases where this is being requested,
` the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking
' ' ZONING BOARD OF APPEALS
OCTOBER 23, 1995
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
� OF ROSALIE GROSSICH AND THE ) Z-399(43)
CITY OF MCHENRY FOR ZONING ) GROSSICH
PURSUANT TO THE ZONING ) EAST SIDE AAIR
ORDINANCE OF THE CITY OF ) 2210 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 October 16, 1995 and recessed to this date.
Chairman Semrow called the hearing to order at 9:03 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
�
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
7. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registered Observers/Objectors:
1. Virginia Brzenk, 823 N River Rd McHenry IL 60050.
2. Anton Rebel, 4009 Maple Ave McHenry IL 60050.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Eternick, 2106 Holly Ct 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 fourth in a series of public hearings at which the
zoning reclassification of recendy annexed property east of the river will be considered. City Council's
direction has been to assign the most restrictive zoning classification that is comparable to what each
�. parcel was classified in the County prior to the annexation. In all cases where this is being requested,
the City has signed the Petition and is a co-pedtioner. In some instances, the petitioners are seeking
� 7'age 2
ZBA-Grossich
10/23/95
more intense zoning than they were assigned in the County. In those cases, the City is not a co-
� petidoner and the applicants will represent themselves at the hearing.
McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1
entided "Zoning Board Hearing Dates' which identified wluch parcels will be heard on each of the
five tentadve hearing dates. Also entered into the record on August 21, 199� was Petitioners E�rhibit
2 entitled "Plat of Annexation" of the entire property which was annexed into the Ciry 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 E�rhibit 3.
NOTIFICATION
Nodfication of this hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to a11 abutting properties via certified mailing. An Affidavit of Service ascertaining
that all nodficadon requirements have been followed is on file in the office of the City Clerk.
LOCATION
The subject property is located at 2210 West Route 120 McHenry and is the location of East Side Hair
Team.
SUMMARY
The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercisl District.
�
TESTIMONY
Chairman Semrow swore in the following wimesses for the Petitioners:
John A Lobaito, 333 South Green Street McHenry Illinois 60050.
Jack Grossich, P.O. Box H Round Lake, IL 60073.
Attomey McArdle went over the Approval Criteria for zoning amendments as stated in the Petition.
Grossich said that the current tenant of the subject property is the East Side Hair Team. There has been
a hair salon at this location since 1986. There have been no objections or complaints raised about the
business operation since that time. Grossich said that there is approximately 258 feet of frontage on
Route 120 and the lot is approximately 247 feet deep. The principal structure is 2,800 square feet.
There is an accessory structure (two and one half car garage) located at the northeast corner of the
property.
Chairman Semrow said, "there being no further testimony before this Board with regard to this matter,
the Board will c<�nsider the Petition at this time, unless there is a motion to recess by a member of the
Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition."
�
'Page 3
ZBA-Grossich
10/23/95
� DELIBERATION AND RECOMMENDATION
Motion by Swierk, seconded by Tobeck to recommend to the City Council that
the Petitioners' request for reclassification from E Estate Zoning District to CS Highway
Commerci:�l 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: Bwr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Vodng: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-0. This hearing was adjourned at 9:10 p.m.
Respectfully submitted
Harry Semr , 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 Grossich, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
Z-399(43)
�
� � ZONING BOARD OF APPEALS
OCTOBER 23, 1995
CITY OF MCHENRY
IN THE MATTF?R OF THE APPLICATION )
� OF KHADIR H SHAKIR AND SAFINA ) Z-399(41)
SHAKIR AND 7'HE CITY OF MCHENRY ) SHAKIR
FOR ZONING FURSUANT TO THE ) RIVERSIDE ANIMAL CLINIC
ZONING ORDINANCE OF THE CITY OF ) 2904 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 �earing on the above-captioned petition was held on October 16, 1995 and was recessed to this date.
Chairman Semrow called the hearing to order at 9:41 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Bun, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
L
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
7. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registered Observers/Objectors:
1. Virginia Brzenk, 823 N River Rd McHenry IL 60050.
2. Anton Rebel, 4009 Maple Ave McHenry IL 60050.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Eternick, 2106 Holly Ct McHenry IL 60050.
(�ENERAL OVERVIEW OF PROCEEDINGS
Attomey McArdle stated that the purpose of these hearings is to bring each parcel of land inta 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 fourth 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 resirictive zoning classification that is comparable to what each
��. parcel was classified in the County prior to the annexation. In all cas�s where this is being requested,
the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking
� �Page 2
ZBA-Shakir
]0/23/95
more intense zoning than they were assigned in the County. In those cases, the City is not a co-
� petitioner and the applicants will represent themselves at the hearing.
McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners 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 Anne�tion" of the entire property which was annexed into the City on August 2,
1995. Also enter�;d 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 September 29, 1995. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining
that all nodficadon requirements have been followed is on file in the office of the City Clerk.
LOCATION
The subject property is located at 2904 West Route 120 McHenry and is the locadon of Riverside
Animal Clinic.
SUMMARY
The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District.
�
MOTION TO RECESS
Motion by McClatchey, seconded by Christensen to recess this hearing until November 20, 1995 at 7:00
p.m, at which time the Petitioner was requested to be present to offer testimony pertaining to the
business on the subject premises or to provide an affidavit granting the City permission to proceed with
the public hearing and to present the petition without their attendance.
Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: Nc>ne.
Abstaining: Nune.
Absent: Lc�vett.
Motion carried 6-0. This hearing was recessed at 9:45 p.m.
Res ectfully sub 'tted
��
Harry Se w, Chairman
Zoning Bo 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 Inspectar,
Petitioner Shakir, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning
� Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
Z-399(41)
_, . ZONING BOARD OF APPEALS
OCTOBER 23, 1995
� CITY OF MCHENRY
IN THE MATTF R OF THE APPLICATION )
� OF HENRY M RETEK AND THE CITY OF ) Z-399(36)
MCHENRY FOR ZONING WITH A ) RETEK
CONDITIONAL USE PERMIT PURSUANT )
TO THE ZONIN G ORDINANCE OF THE ) 2807 W RTE 120
CITY OF MCHENRY, MCHENRY ) C5, CONDITIONAL USE
COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on October 16, 1995 and recessed to this date.
Chairman Semrow called the hearing to order at 9:45 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
`..
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
7. 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. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Etemick, 2106 Holly Ct McHenry IL 60050.
(1ENERAL OV ERVIEW 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-e;xisting non-conformides as possible. All of the subject property was annexed into the
City of McHenry on August 2, 1995. This is the fourth in a series of public hearings at which the
zoning reclassification of recendy annexed property east of the river will be considered. City Council's
direction has been to assign the most restrictive zoning classification that is comparable to what each
`.. parcel was classified in the County prior to the annexation. In all cases where this is being requested,
the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking
. •Page 2
ZBA-Retek
14/23/95
more intense zon:ng 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
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
Zoning Use Groups" marked as Petitioners Exhibit 3.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining
that all notification requirements have been followed is on file in the office of the City Clerk.
LOCATION
The subject property is located at 2807 West Route 120 McHenry.
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 outside storage on
the premises.
DISCUSSION
It was the consensus of the Board that the Petitioner be requested to be present to testify and provide
input to the Board with regard to his business on the subject premises
MOTION TO RECESS
Motion by McClatchey, seconded by Christensen, to recess this hearing until November 20, 1995 at
7:00 p.m. at which time the Petitioner was requested to be present to offer testimony pertaining to the
request for the conditional use permit and the outside storage on the subject premises.
Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: N�ne.
Absent: I,��vett.
�
. �Page 3
ZBA-Retek
10'/23/95
� Motion carried 6-�). This hearing was recessed at 9:48 p.m.
Respectfully submitted
�
Harry Semrow, hairman
Zoning Board o 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 Retek, Observers/Objectors(4), Aldermen Reference Copy,Building&Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk
File.
Z-399(36)
�
L
ZONING BOARD OF APPEALS
OCTOBER 23, 1995
: CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
� OF FRED O'HALLERAN AND THE CITY ) Z-399(32)
OF MCHENRY FOR ZONING AND A ) FRED O'HALLERAN
CONDITIONAL USE PERMIT PURSUANT ) BULL'S EYE WINDSHIELD REPAIR
TO THE ZONING ORDINANCE OF THE ) 3014 W RTE 120
CITY OF MCH�'sNRY, MCHENRY ) C5, CONDITIONAL USE
COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on September 18, 1995, October 2, 1995 and
recessed to this date. Chairman Semrow called the hearing to order at 9:45 p.m. The following persons
were in attendance:
l. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
�„ 4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. 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.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Eternick, 2106 Holly Ct McHenry IL 60050.
C3ENERAL 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 fourth 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 a11 cases where this is being requested,
the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking
�Page 2
ZBA-O'Halleran
10/23/9�
more intense zoning than they were assigned in the County. In those cases, the City is not a co-
� petitioner and the applicants will represent themselves at the hearing.
McArdle noted th:it 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
Notification of this hearing was published in the Northwest Herald on September 1, 1995. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining
that all notificadon requirements have been followed is on file in the office of the City Clerk.
L AT O.�I
The subject property is located at 3014 West Route 120 McHenry and is the location of the Bull's Eye
Windshield Repair business.
SUMMARY
The Petitioners are requesting that the subject property be reclassified from E Estate District to C5
Highway Commercial District; that a Conditional Use Permit be granted to allow outside storage and
�, vehicle repair and service.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
John A. Lobaito, 333 S Green St McHenry Illinois 60050.
DISCUSSION
It was the consensys of the Board that the Petitioner be requested to be present to testify and provide
input to the Board with regard to his business on the subject premises
MOTION TO RECESS
Motion by McClatchey, seconded by Christensen, to recess this hearing until November 20, 1495 at
7:00 p.m. at which time the Petitioner was requested to be present to offer testimony pertaining to the
request for the conditional use permit and the outside storage on the subject premises.
�
�Page 3
ZBA-O'Halleran
10/23/9s
� Vodng Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: Not�e.
Not Voting: No�ie.
Abstaining: None.
Absent: Lo�•ett.
Motion carried 6-0. This hearing was recessed at 9:48 p.m.
Respectfully submitted
Harry Semrow, Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attorney, Engineering Inspector,
Petitioner O'Halleran, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
Z-399(32)
�
�
� � ZONING BOARD OF APPEALS
� OCTOBER 23, 1995
� CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
� OF JOHN H OLIVER AND DIANE M ) Z-399(28)
OLIVER AND THE CITY OF MCHENRY ) OLIVER
FOR ZONING WITH A CONDITIONAL ) MCHENRY WELDING
USE PERMIT PURSUANT TO THE ) 2912 W RTE 120
ZONING ORDINANCE OF THE CITY OF ) C5, CONDITIONAL USE
MCHENRY, MCHENRY COUNTY )
ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCII., CITY OF MCHENRY, ILLINOIS
A hearing on the above-capdoned petition was held on October 16, 1995 and was recessed to this date.
Chairman Semrow called the hearing to order at 7:50 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
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; McHenry
Welding represented by John Oliver, 2912 W Route 120 McHenry Illinois 60050.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
7. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registered Observers/Objectors:
1. Virginia Brzenk, 823 N River Rd McHenry IL 60050.
2. Anton Rebel, 4009 Maple Ave McHenry IL 60050.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. E1wyn Eternick, 2106 Holly Ct McHenry IL 60050.
C�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 fourth 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 Counry prior to the annexation. In all cases where this is being requested,
Page 2
, ZBA-Oliver
10/23/95
the City has signed the Petition and is a co-petitioner. In some instances, the peddoners are seeking
� more intense zoning than they were assigned in the County. In those cases, the City is not a co-
petitioner and the applicants will represent themselves at the hearing.
McArdle noted th�it at the August 21, 1995 hearing, he entered into the record Petitioners Ezhibit 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,
199�. 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 tlus hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certificate of Publicadon is on file in the office of the Ciry Clerk with regard to this matter.
Notices were sent to a11 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 2912 West Route 120 McHenry and is the location of McHenry
Welding and JK Signs.
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 a11ow the following uses:
open sales lot; outside storage; motor vehicle service and repair including general welding and
fabrication; auto and truck heavy equipment repairs; boat repairs; propeller repairs; trailer repairs;
general machining.
TESTIMONY
Chairman Semrow swore in the following wimesses for the Petitioners:
John A. I.�baito, 333 South Green Street McHenry IL 60050.
John H Olivex, 5018 N Brookshire Drive McHenry Illinois 60050.
Lobaito said the subject property was classified Bl and B2V in the county prior to annexation into the
city. The Petidoners are requesting reclassification to CS Highway Commercial District. Lobaito noted
that the trend of development in the area is commercial. This is in compliance with the Comprehensive
Plan of the city. The Petidoners are requesting a conditional use as well. The use variance request is
to allow the single family dwelling which exists on the site.
McArdle went over the Approval Criteria for Zoning Amendments and the Approval Criteria for
Conditional Uses as stated in the Petition.
Semrow asked how many billboards are located on the site. Oliver said there is one two-sided billboard.
�. Oliver said he has operated McHenry Welding business at this location since August 1981. There are
three buildings on the site: 1) McHenry Weld.ing; 2) single family dwelling; 3) small commercial
building which houses JK Signs, a sign shop. Oliver said the single family dwelling is approximately
, Page 3
ZBA-Oliver
10/23/95
1,300 square feet in size. The small commercial building is 1,000 square feet. The welding shop is
� 2,400 square feet. Oliver said he does not contemplate changing any of the e�sting uses at this time.
Oliver said that h�; stores vehicles and boats for sale in his open sales lot at the front of the property
adjacent to Route 120. Since the widening of Route 120 he has had limited space for an open sales lot.
Mosdy during thc; winter months is the period of time when he would have velucles displayed for sale
in this location. Qliver said he would be willing to limit the open sales lot to one space per lot (the
property is comprised of two lots). When he displays vehicles for sale in this area, he has to sacrifice
valuable parking y�pace; therefore, he would not take up more than one parking space for use in this
manner. At no time would there be more than two vehicles or boats displayed for sale on the premises.
With regard to the outside storage, Oliver said that would include signs and sign paraphemalia,
vehicles, etc. Oliver said there is a trailer on site which is used to store scrap metal. Question was
raised as to a time frame whereby the Petidoner would be willing to remove the trailer from the site.
Oliver stated that he would prefer to have it removed as soon as possible. It is filled at the present time.
The accumulation of scrap on site is direcdy proportional to the value of the scrap at any given time.
Discussion ensued regarding the acceptable location of outside storage on the site. It was the consensus
of the Board that there sh�.11 be no outside storage pemnitted on the south side of the two most southem
structures on the premises.
�iJESTIONS BY MEMBERS OF THE BOARD
Swierk asked if it would be possible to limit the outside storage to the north and east of the commercial
�, building; and, to the north and west of the welding shop. Swierk asked if the Petitioner would be
willing to have outside storage prohibited on the south side of the commercial building and the welding
shop. Swierk suggested that the only parking along Route 120 would be vehicles. Oliver was agreeable
to this suggesdon.
Semrow noted that the Petition describes an e�sting use as outdoor advertising(billboards). A billboard
requires a conditional use in the city. Attomey McArdle stated that the City would re-notice for the
Pedtion, amending it to include the single existing billboard in the conditional use request. It was noted
that the billboard is on the far western edge of the property between the sign shop and the residential
dwelling.
Discussion ensued regarding outside storage and the duration of same on the subject property. It was
the consensus that any vehicles being stored outside while awaiting repair/service, should be removed
from view from Route 120 if at all possible.
Prior to this matter being brought before this Board for action, the following must be addressed:
1. Determine the nature of the county variance granted for the eastern lot of the premises;
2. Modify Petition to show (1) billboard, in the request for conditional use permit.
�
; ,Page 4
_ ZBA-Oliver
10/23/95
� MOTION TO RF:CESS
Motion by Christensen, seconded by Tobeck to recess this hearing until November 20, 1995, at 7:00
p.m.
Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-U. This hearing was adjoumed at 8:20 p.m.
Respectfully submitted
Harry Semro Chairman
Zoning Board Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), Ciry Administrator, I?irector of
Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector,
� Pedtioner Oliver, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
Z-399(28)
�
ZONING BOARD OF APPEALS
OCTOBER 23, 1995
CITY OF MCHENRY
IN TI�E MATTER OF THE APPLICATION )
OF THEODORE W SMAK AND GINA ) Z-399(27)
� SMAK AND THE CITY OF MCHENRY ) SMAK
FOR ZONING WITH A CONDITIONAL ) 4-WHEEL DRIVE
USE PERMIT PURSUANT TO THE ) 2902 W RTE 120
ZONING ORDINANCE OF THE CITY OF ) C5, CONDITIONAL USE
MCHENRY, MC:HENRY COUNTY )
ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on October 16, 1995 and recessed to this date.
Chairman Semrow called the hearing to order at 9:45 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Bun, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
� 4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. 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.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Eternick, 2106 Holly Ct 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 fourth in a series of public hearings at which the
zoning reclassification of recendy annexed property east of the river will be considered. City Council's
� direction has been to assign the most restrictive zoning classification that is comparable to what each
parcel was classified in the County prior to the annexation. In all cases where this is being requested,
the City has signed the Petition and is a co-pedtioner. In some instances, the petitioners are seeking
Page 2
ZBA-Smak
10/23l95
more intense zoning than they were assigned in the County. In those cases, the City is not a co-
� peddoner and the applicants will represent themselves at the hearing.
McArdle noted th�it 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 entere�d into the record on August 21, 1995, was a document entitled "McHenry County
Zoning Use Groups" marked as Petitioners Exhibit 3.
NOTIFICATION
Nodfication of this hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to a11 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 2902 West Route 120 McHenry and is the location of McHenry
County 4-Wheel Drive.
�, SUMMARY
The Petitioners are requesting that the subject properiy be reclassified from E Estate District to CS
Highway Commercial District; that a Conditional Use Permit be granted to allow the following uses:
Motor vehicle service and repair; outside storage of vehicles waiting for parts and/or repair.
DISCUSSION
It was the consensus of the Board that the Petitioner be requested to be present to testify and provide
input to the Board with regard to his business on the subject premises
MOTION TO RECESS
Motion by McClatchey, seconded by Christensen, to recess this hearing until November 20, 1995 at
7:00 p.m. at which dme the Petitioner was requested to be present to offer testimony pertaining to the
request for the conditional use permit for motor vehicle service and repair and the outside storage of
vehicles waiting for parts and/or repair on the subject pretnises.
\.-
Page 3
ZBA-Smak
10/23/95
� Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: Norie.
Absent: Lo��ett.
Motion carried 6-�). This hearing was recessed at 9:48 p.m.
Respectfully submitted
Harry Semrow, Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector,
Petitioner Smak, Observers/Objectors(4),Aldermen Reference Copy,Building&Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk
File.
� Z-399(27)
L.
� � ZONING BOARD OF APPEALS
OCTOBER 23, 1995
CITY OF MCHENRY
� IN THE MATTF.R OF THE APPLICATION )
� OF RICHARD AND BEVERLY WATSON ) Z-399(18)
AND THE CITY OF MCHENRY FOR ) WATSON
ZONING AND CONDITIONAL USE )
PERMIT PURSIJANT TO THE ZONING ) 2314 W RTE 120
ORDINANCE OF THE CITY OF ) CS, CONDITIONAL USE
MCHENRY, M('HENRY COUNTY, )
ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on October 16, 1995 and was recessed to this date.
Chairman Semrow called the hearing to order at 8:20 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
�
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
� 4. Director of Build.ing & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito; Richard
Watson, 32 Arbwdour Court North Barrington IL 60010.
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.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Eternick, 2106 Holly Ct McHenry IL 60050.
GENERAL OVERYIEW 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 fourth in a series of public hearings at which the
� zoning reclassification of recently annexed properiy east of the river will be considered. Ciry 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,
' 'Page 2
ZBA-Watson
10/23/95
�the City has signed the Petition and is a co-petitioner. 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-
petitianer 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 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 entitled "McHenry County
Zoning Use Groups" marked as P�titioners Exhibit 3.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on September 29, 1995. The
Fublisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining
that all notificadon requirements have been followed is on file in the office of the City Clerk.
LOCATION
The subject property is located at 2314 West Route 120 McHenry.
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 premises: outside storage; advertising billboard; outside beer garden; outdoor amusement
establishment (horseshoe pits); restaurant/tavem having live entertainment and dancing; satellite dish
antenna.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
John A Lobaito, 333 S Green Street McHenry Illinois 60050.
Richard Watson, 32 Arburdow Court North Barrington Illinois 60010.
Petitioner Watson asked that the Petition before the Board be amended on its face to delete the following
uses in paragraph 5 (with regard to the request for a conditional use permit) and paragraph 6 (with
regard to present and proposed uses on the subject property):
Outside storage
Outside beer garden
Outdoor amusement establishment (horseshoe pits)
Satellite dish antenna.
Petitioner Watson stated that he would be willing to stipulate that the "Advertising billboard" be
amended to the "existing advertising billboard" in paragraph 5 (with regard to the request for a
conditional use permit).
Watson noted that he and his wife, Beverly Watson, are the Petitioners with regard to this matter. There
�- is no longer a lessee or tenant involved in the application for reclassification and conditional use permit.
All of the above-mentioned changes were made to the Petition.
�Page 3
ZBA-Watson
10/23/95
-Attorney McArdle went over the Approval Criteria for Zoning Amendments and Conditional Use
� Permits as stated �vithin the Petition.
Watson stated that the subject property has been operated as a restaurant for the last five years. There
is not outside entertainment except for occasional specially-permitted events. There are no specific plans
for the facility at tlus moment.
Tobeck pointed out that with the deletion of the four outside uses from the Conditional Use Permit
request as well as the proposed and existing uses of the premises, it would be possible to zone the
property C3 rather than the C5 being requested in the Petition. The outside uses specified in the Petition
necessitated the rec:lassification to C5, which would no longer be necessary.
McArdle advised the Petitioner of the permitted and conditional uses allowed in the C3 district as
compared to the permitted and conditional uses allowed in the CS district. Lobaito said that the basic
difference between the C3 and CS districts would be the outside uses allowed in the CS district. A poll
was taken of the Board to determine whether C3 or CS zoning should be recommended for this property.
The consensus was that CS zorung should be recommended in keeping with the abutting zoning along
Route 120.
S�UESTIONS OF THE PETITIONERS BY OBSERVERS/OBJECTORS
Elwyn Eternick: What responsibility does the City have to people in the county jurisdicdon with
regard to noise or light pollution from businesses which are now in the City? Lobaito explained how
the process works when a complaint is received in his o�ce. If there are any ordinance violations by
�. any of the businesses being annexed into the City they would be handled in the manner that a11
complaints are followed-up on at this time. The complaint would not be ignored just because the
complainant resides outside of the city limits.
Christensen asked if there was a noise pollution ordinance with regard to entertainment establishments.
Lobaito said there is a nuisance ordinance which prohibits any noise created and heard beyond the
property line after 11 p.m.
Chairman Semrow said, "there being no further testimony before this Board with regard to this matter,
the Board will consider the Petition at this time, unless there is a motion to recess by a member of the
Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition."
�ELIBERATION AND RECOMMENDATION
Modon by Swierk, seconded by McClatchey to recommend to the City Council that
the Petitioners' request for reclassification from E Estate Zoning District to CS Highway
Commercial Zoning District be granted; that the request for a Conditional Use Permit to allow
the following existing uses:
Existing advertising billboard;
Restaurant/tavern having live entertainment and dancing;
be granted; and that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the
zoning ordinance have been met; and that the Approval Criteria For Conditional Uses, Table 31,
�.. pages 357-358 of the zoning ordinance have been met.
w Page 4
ZBA-Watson
10/23/95
� Voting Aye: Bur�, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: Nor:e.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Modon carried 6-(1. This hearing was adjourned at 8:53 p.m.
Respectfully submitted
Harry Se , Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attorney, Engineering Inspector,
Pedtioner Watson, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
L., Z-399(18)
�
ZONING BOARD OF APPEALS
OCTOBER 23, 1995
CITY OF MCHENRY
IN TH� MATTF,R OF THE APPLICATION ) Z-399(16)
`„ OF MCHENRY STATE BANK TRUST NO )
1105 AND THE CITY OF MCHENRY ) BYKOWSKI
FOR ZONING, PURSUANT TO THE )
ZONING ORDINANCE OF THE CITY OF ) (VACANT) W RTE 120
MCHENRY, MGHENRY 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 October 16, 1995 and was recessed to this date.
Chairman Semrow called the hearing to order at 9:10 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
. 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; MSB Trust
No 1105 represented by Ronald Bykowski, 1206 N Third Street McHenry I1linois 60050.
6. Attomey for the Petidoner: 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.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Eternick, 2106 Holly Ct 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 Ciry
with as few pre-eJcisting non-conformities as possible. All of the subject property was annexed into the
City of McHenry on August 2, 1995. This is the fourth 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,
Page 2
ZBA-Bykowski
10/23/95 ,
the City' has signe:d the Petition and is a co-petitioner. In some instances, the petitioners are seeking
� more intense zoning than they were assigned in the County. In those cases, the City is not a co-
petitioner and the applicants will represent themselves at the hearing.
McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners 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 entided "Plat of Annexation" of the entire properiy 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 September 29, 1995. The
Publisher's Certificate of Publicadon is on file in the office of the City Clerk with regard to this matter.
Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining
that all notificadon requirements have been followed is on file in the office of the City Clerk.
LOCATION
The subject property is located on West Route 120 McHenry, immediately west of the Riverside
Chocolate Factory at the northwest comer of the intersection of Chapel Hill Road and Route 120, and
is currendy vacant.
SUMMARY
� The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
John A Lobaito, 333 S Green Street McHenry Illinois 60050
Ronald M Bykowski, 1206 N Third Street McHenry Illinois 60050.
Lobaito said the subject property was zoned B1 and R1 in the county prior to annexation into the city.
The Petitioners are requesting CS Highway Commercial Zoning District. The su�nounding uses are
compatible with the proposed commercial zoning reclassification. The subject property is currendy
vacant.
Attomey McArdle went over the Approval Criteria for Zoning Amendments as stated in the Pet'rtion.
�tTFsTIONS BY MEMBERS OF THE BOARD
Christensen asked what portion of the subject property was zoned residential in the county. Lobaito said
a triangle located at the northeast corner of the property was zoned Rl.
OUESTIONS OF THE WITNESSES BY OBSERVERS/OBJECTORS
Lucille Jenovai: There is a barn on the westem portion of the property which extends to Country
� Lane. There is a foundation where a barn was formerly located on the eastern portion of the property
which extends to Country Lane. So this land is not vacant at this time. Are there any plans for the barn
or removal of the foundation? Jenovai indicated that there is graffiti on the bam. Bykowski said the
Page 3
ZBA-Bykowski
10/23/95 ,
foundation is the remnant of a barn which was destroyed approximately 20 years ago. The barn is
�, currently being u��ed for storage of desks, furniture, etc. It is not being used for business purposes.
Bykowski said he believed that the barn used to be the location of the Community Center for Eastwood
Manor Subdivision Property Owners Association. The barn is structurally sound, but it is in need of
paint and general maintenance.
Swierk asked how the two lots which front on Country Lane ended up being zoned business. Bykowski
said that it happened prior to his having an interest in the property. Swierk asked if there was a
possibility of those two lots reverting to residential. Christensen said they are located in the middle of
the residendal district.
Christensen asked if the foundation is bacl�illed. Is there a life safety issue there? Lobaito said if the
site is a hazard, the city would step in and get the situation remedied.
Elwyn Eteraick: There have been rumors that a road would be located on the east side of the lot where
the foundation is located. The road would provide access to Country Lane for the commercial
development. Does the Petitioner have any knowledge of such a road being installed? Bykowski said
he has no knowledge of such a road. Etemick asked what type of business is being proposed for this
development. Bykowski said that when he first began planning for the development there was a plan
indicadng a gas station on the comer and an oil exchange facility on the far western portion of the site.
That plan did not materialize. He said there are no current plans for developing the site. There are no
proposed tenants or occupants at this time.
� Lucille Jenovai: What can we do if we have complaints regarding the water tower property? who do
we call. Lobaito said the watertower and the property on which it is sited is owned by the Water
Company. That is a private water company and is not owned by the City of McHenry.
McClatchey said he had concems regarding the graffiti on the barn. Bykowski said he will do
something to make the barn more attractive and less of an eyesore. That will include taking care of the
graffiti.
Christensen asked the Petitioner to do something about getting the large equipment which is being stored
on the property removed from the site. Bykowski said he will have the equipment removed.
('LOSING STATEMENT BY PETITIONERS
Bykowski said that with the annexation of the property into the City, and City water and sewer
ultimately being available, the development of this property will be able to move forward. The City
will be well-pleased with the results.
Chairman Semrow said, "there being no further testimony before this Board with regard to this matter,
the Board will consider the Petition at this time, unless there is a motion to recess by a member of the
Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition."
�
Page 4
ZBA-Bykowski
10/23/95 ,
� DELIBERATION AND REC4MMENDATION
Motion by Swierk, seconded by Tobeck to recommend to the City Council that
the Petitioners' request for reclassification from E Estate Zoning District to CS Highway
Commercial Zoning District be granted; and that the Approval Criteria for Zoning Amendments,
Table 33, page 401 of the zoning ordinance have been met.
Voting Aye: Bun, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-0. This hearing was adjourned at 9:35 p.m.
Respectfully submitted
C
Harry S ow, Chairman
� Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector,
Petitioner Bykowski, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
Z-399(16)
�
ZONING BOARD OF APPEALS
OCTOBER 23, 1995
. ' CITY OF MCHENRY
IN THE MAT7'ER OF THE APPLICATION )
� OF BILL ANEST AND PETER ANEST d/b/a ) Z-399(7)
S & S PETROI.EUM PRODUCTS, A ) ANEST
GENERAL PA:RTNERSHIP, AND BOB 8c ) RIVERSIDE CHOCOLATE FACTORY
DIANA HUNT ER, AND THE CITY OF ) 2102 W RTE 120
MCHENRY FOR ZONING, PURSUANT TO ) CS
THE ZONING ORDINANCE OF THE CITY )
OF MCHENRY, MCHENRY COUNTY, )
ILLINOIS. �
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on October 16, 1995 and was recessed to this date.
Chairman Semrow called the hearing to order at 9:41 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Bun, Randy Christensen, Frank McClatchey, Hariy Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
� 4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
7. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registered Observers/Objectors:
1. Virginia Brzenk, 823 N River Rd McHenry IL 60050.
2. Anton Rebel, 4009 Maple Ave McHenry IL 60050.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Eternick, 2106 Holly Ct McHenry IL 60050.
GENERAL OVERVIEW OF PROCEEDIN S
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 fourth in a series of public hearings at which the
zoning reclassification of recendy annexed property east of the river will be considered. City Council's
� direction has been to assign the most restrictive zoning classification that is comparable to what each
parcel was classified in the County prior to the annexation. In all cases where this is being requested,
the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking
' �Page 2
ZBA-Anest
� 1�;�'23/95
more intense zo�ung than they were assigned in the County. In those cases, the City is not a co-
� pedtioner and th� applicants will represent themselves at the hearing.
McArdle noted fhat at the August 21, 1995 hearing, he entered into the record Fetitioners 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
Z 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
Zoning Use Graups" marked as Petitioners E�rhibit 3.
I�TIFICATION
Notification of this hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certil icate 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 2102 West Route 120 McHenry, and is the location of the Riverside
Chocolate Factory.
SUMMARY
The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District.
�
MOTION TO RECESS
Motion by McClatchey, seconded by Christensen to recess this hearing until November 20, 1995 at 7:00
p.m. at which time the Petitioner was requested to be present to offer testimony pertaining to the
business on the subject premises or to provide an affidavit granting the City permission to proceed with
the public hearing and to present the petidon without their attendance.
Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Vodng Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lo��ett.
Motion carried 6-(). This hearing was recessed at 9:45 p.m.
Respectfully submi
�%GGC.L
Harry Se w, Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building 8r, Zoning, Public Works, Administration, City Attomey, Engineering Inspector,
� Petitioner Anest,Observers/Objectors(4),Aldermen Reference Copy,Building&Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk
File. Z-399(7)
• • ZONING BOARD OF APPEALS
OCTOBER 23, 1995
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
'`., OF BILL ANEST AND PETER ANEST d/b/a ) Z-399{7)
S & S PETROLEUM PRODUCTS, A ) ANEST
GENERAL PARTNERSHIP, AND BOB 8c ) RIVERSIDE CHOCOLATE FACTORY
DIANA HUNTER, AND THE CITY OF ) 2102 W RTE 120
MCHENRY FOR ZONING, PURSUANT TO ) CS
THE ZONING ORDINANCE OF THE CITY )
OF MCHENRY, MCHENRY COUNTY, )
ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hea.ring on the above-captioned petition was held on October 16, 1995 and was recessed to this da.te.
Chairman Semrow called the hearing to order at 9:41 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
� 4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, 50 N Virginia Street Crystal Lake Illinois 60014.
7. City Council Members: None.
8. Court Reporter: Cheryl Barone.
9. Registered Observers/Objectors:
1. Virginia Brzenk, 823 N River Rd McHenry IL 60050.
2. Anton Rebel, 4009 Maple Ave McHenry IL 60050.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elvcryn Eternick, 2106 Holly Ct McHenry IL 60050.
(�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�cisting non-conformities as possible. All of the subject property was annexed into the
City of McHenry on August 2, 1995. This is the fourth in a series of public hearings at which the
zoning reclassification of recendy annexed property east of the river will be considered. City Council's
� direction has been to assign the most restrictive zoning classification that is comparable to what each
parcel was classified in the County prior to the annexation. In all cases where this is being requested,
the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking
. -.
. Page 2
ZBA-Anest
10/23/95
more intense zonin�; 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
entided "Zoning Buard 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 entitled "McHenry County
Zoning Use Gronps" marked as Petitioners Exhibit 3.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining
that all notification requirements have been followed is on file in the office of the City Clerk.
LOCATION
The subject property is located at 2102 West Route 120 McHenry, and is the location of the Riverside
Chocolate Factory.
SUMMARY
The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District.
�
MOTION TO RECESS
Motion by McClatchey, seconded by Christensen to recess this hearing until November 20, 1995 at 7:00
p.m. at which time the Pedtioner was requested to be present to offer testimony pertaining to the
business on the subject premises or to provide an affidavit granting the City pemussion to proceed with
the public hearing and to present the petition without their attendance.
Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-0. This hearing wa.s recessed at 9:45 p.m.
Respectfully submi
��G�l�
Harry Se w, Chairman
Zoning Board of Appeals
c: Agenda., Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attorney, Engineering Inspector,
� Petitioner Anest, Observers/Objectors(4),Aldermen Reference Copy,Building&Zoning Zoning
File, Landmark Commission Chauman, Northwest Herald, McHenry Star News, City Clerk
File. Z-399(7)
ZONING BOARD OF APPEALS
OCTOBER 23, 1995
. CITY OF MCHENRY
IN THE MATTEK OF THE APPLICATION )
� OF STANLEY AND MARY JURCZYK ) Z-399(4)
AND THE CITY OF MCHENRY FOR ) JURCZYK
ZONING WITH A CONDITIONAL USE ) 2906 W RTE 120
PERMIT PURSUANT TO THE ZONING ) C5, CONDITIONAL USE
ORDINANCE OF THE CITY OF )
MCHENRY, MCHENRY COUNTY, )
ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on October 2, 1995 and recessed to this date.
Chairman Semrow called the hearing to order at 9:45 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
� 4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito.
6. Attorney fi�r 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.
3. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL 60050.
4. Elwyn Etemick, 2106 Holly Ct 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-confornuties as possible. All of the subject property was annexed into the
City of McHenry on August 2, 1995. This is the fourth in a series of public hearings at which the
zoning reclassification of recendy annexed property east of the river will be considered. City Council's
� direction has been to assign the most restrictive zoning classification that is comparable to what each
parcel was classified in the County prior to the annexation. In all cases where this is being requested,
the City has signed the Petition and is a co-petitioner. In some instances, the pedtioners are seeking
Page 2
ZBA-Jurczyk
10/231,95
more intense zo.��ing than they were assigned in the County. In those cases, the City is not a co-
� pedtioner and th�� 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 entitled "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 entitled "McHenry County
Zoning Use Gruups" marked as Petitioners Exhibit 3.
NOTIFICATIOri
Notificadon of this hearing was published in the Northwest Herald on September 16, 1995. The
Publisher's Certii�icate of Publicadon is on file in the office of the City Clerk with regard to this matter.
Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining
that all nodfication requirements have been followed is on file in the office of the City Clerk.
LO 'ATION
The subject property is located at 2906 West Route 120 McHenry.
SUMMARY
� The Pedtioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District; that a Conditional Use Permit be granted to allow an indoor amusement
establishment (finng range).
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
John A. Lobaito, 333 S Green St McHenry Illinois 60050.
DISCUSSION
It was the consensus of the Board that the Petitioner be requested to be present to testify and provide
input to the Board with regard to his business on the subject premises
MOTION TO RF ES
Motion by McClatchey, seconded by Christensen, to recess this hearing until November 20, 1995 at
7:00 p.m. at which time the Petitioner was requested to be present to offer testimony pertaining to the
request for the conditional use permit and the indoor amusement establishment on the subject premises.
�
Page 3
ZBA-Jurczyk
10/231,95
� Voting Aye: Bun-, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lov�tt.
Modon carried 6-f+. This hearing was recessed at 9:48 p.m.
Respectfully submitted
Harry Semrow, hairman
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 Jurczyk, Observers/Objectors (4), Aldermen Reference Copy, Building & Zoning
Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City
Clerk File.
� Z-399(4)
�
ZONING BOARD OF APPEALS
OCTOBER 23, 1995
; CITY OF MCHENRY
1'N THE MATTER OF THE APPLICATIQN }
�,., OF THE VFW VETERANS CLUB INC, AN ) Z-399(1)
ILLINOIS CORPORATION, AND THE ) VFW
CITY OF MCHENRY FOR ZONING WITH ) 3002 ROUTE 120
CONDITIONAL USE PERMIT PURSUANT ) CS, CONDITIONAL USE
TO THE ZOI�TING ORDINANCE OF THE )
CITY OF MCHE NRY, MCHENRY )
COUNTY, ILLINQIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on October 16, 1995 and was recessed ta this date.
Chairman Semrow called the hearing to order at 7:11 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Hariy Semrow,
John Swierk, Donna Tobeck. Absent: Chuck Lovett.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Katlileen M. Kunzer.
� 4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: City of McHenry represented by Director of Building& Zoning Lobaito; VFW Inc.
represented by President of Board of Directors Tom Lawson and Attomey Donald Truckenbrod,
3002 W Rte 120 McHenry Illinois 60050.
6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David
McArdle, SO N Virginia Street Crystal Lake Illinois 60014.
7. City Council Members: None.
8. Court 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. Mr. & Mrs. R Jenovai, 2102 Holly Ct McHenry IL, 60050.
4. Elwyn Etemick, 2106 Holly Ct McHenry IL 60050.
GENERAL OVERVIEW OF PROCEEDINGS
Attomey McArdle stated that the putpose of these hearings is to bring each pazcel 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 fourth 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
Page 2
ZBA-VFW
10/23/95
parcel was classifi�d in the County prior to the annexation. In all cases where this is being requested,
� the City has signe�i the Peddon and is a co-petitioner. In some instances, the pedtioners are seeking
more intense zoning than they were assigned in the County. In those cases, the City is not a co-
petitioner and the applicants will represent themselves at the hearing.
McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1
entitled 'Zoning I3oard Hearing Dates" which idendfied which parcels will be heard on each of the
five tentative hearing daies. 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 Connty
Zoning Use Groups" marked as Petitioners Exhibit 3.
NQTIFICATION
Notification of this hearing was published in the Northwest Herald on September 29, 1995. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter.
Notices were sent to a11 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 3002 West Route 120 McHenry and is the location of the VFW
Veterans Club.
�UMMARY
� The Petitioners are requesting that the subject property be reclassified from E Estate District to CS
Highway Commercial District; that a Conditional Use Permit be granted to allow a recreadonal facility;
an autdoor amusement establishment; and a restaurant serving alcoholic beverages and having live
entertainment.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
John A. Lobaito, 333 S Green Street McHenry Illinois 60050.
Thomas Lawson, 141I N Riverside Drive McHenry Illinois 60050.
Lobaito said the existing uses on this site include baseball fields, restaurant and bar facility. The trend
of development in the area is commercial. The reclassification to commercial zoning would be in
compliance with the Camprehensive Plan. The zoning on the property prior to annexation into the city
was Bl,B2 and B3.
Attorney McArdle went over the Approval Criteria for Zoning Amendments and the Approval Criteria
for Conditional Uses as stated in the Petition.
QUESTIONS BY MEMBERS OF THE BOARD
Christensen asked about the live entertainment. What type of live entertainment? Lobaito said that he
would ask the representatives of the VFW to respond to that question. They would have a better idea
�,. of exacdy what type of entertainment would be involved. Christensen asked if there would be a lighting
enforcement problem. Would the Petitioner have to comply with the existing lighting restrictions of the
ordinance. Lohaito said that no variance from the restrictions or requirem�nts of the ordinance is
Page 3
ZBA-VFW
10/23,/95
implied or being requested. If there would be complaints, they would be handled as any other
�,,,, complaints are handled and enforced in the city. Lobaito said that any nuisance complaints or hazards
noted would be addressed when there is a complaint filed on the matter.
Swierk asked which portion of the property was zoned B3 prior to annexation. Lobaito said he is not
sure.
TESTIMONY
Lawson said he is President of the Board of Directors. He has been in this position for approximately
three years. The VFW has operated this site for 50 years. The building is fifty years old. The ball
fields were installed 34 years ago. The lights for the ball fields were installed 29 years ago. Lawson
said that all field lights shine toward the building and not toward the residendallots which are adjacent
to the subject property. The lights are turned on and used only when the baseball fields are being used.
Lawson said the VFW donates the use of the ball fields to the McHenry Junior Youth League.
Lawson said the types of activities which occw in the building are: dance hall, bar, live entertainment,
bingo, pull tab gambling which is authorized and licensed by the State of Illinois. There is an outside
bar set up for use by patrons who are watching the softball games on the west side of the building.
These activities have been in place for at least the last ten years, some of them longer than that.
Attorney Truckenbrod clarified that two of the three parcels owned by the VFW along Route 120 were
zoned B1 prior to annexation into the City. The eastemmost parcel along Route 120 was zoned B3.
the entire rear parcel, the largest of the four, was zoned B2 prior to annexation.
�
QUESTIONS BY MEMBERS OF THE BOARD
Christensen asked if there should be an inclusion of outside liquor sales in the request for a conditional
use permit. Lobaito said it would not be necessary; that could be covered in the granting of the liquor
license. McArdle said the outside sales of liquor is a liquor licensing issue and is not addressed in the
zoning ordinance. The zoning ordinance does not differentiate between indoor and outside sales of
alcoholic beverages.
Christensen said that with regard to the live entertainment and dancing - what types of entertainment are
provided? Lawson said there are bands practicing outside. Inside there would be shows and weddings
with D.J.'s and bands. Christensen asked if any of the live entertainment would be adult entertainment.
I.awson said it would not.
Swierk asked if the conditional use would be granted to the VFW only. McArdle said the conditional
use goes with the land and not the owner. Lawson said that the VFW ha.s recorded a document with
the County such that if the VFW were to fold, the land would go to the City Park & Recreation
Department.
Chairman Semrow said, "there being no fiu�ther tesdmony before this Board with regard to this matter,
the Board will consider the Petition at this time, unless there is a motion to recess by a member of the
Board. There being no motion to recess, the Cha.ir will entertain a motion with regard to the Petition."
�
' Page 4
ZBA-VFW
10/23/95
.
�ELIBERATION A�iD 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
CS Highway Commercial Zoning District be granted; that the request for a Conditional Use
Permit to allow the following uses:
Recreational facility;
Outdoor amusement establishment;
Restaurant serving alcoholic beverages and having live entertainment;
be granted; and that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the
zoning ordinance, have been met; and that the Approval Criteria for Conditional Uses, Table 31,
pages 357-358 of the zoning ordinance, have been met.
Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-0. This hearing was adjourned at 7:50 p.m.
Respectfully submitted
�
Harry Se , Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attomey, Engineering Inspector,
Petitioner VFW, Observers/Objectors(4), Aldermen Reference Copy, Building&Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk
File.
Z-399(1)
'�.-