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HomeMy WebLinkAboutMinutes - 10/2/1995 - Zoning Board of Appeals � ZONING BOARD OF APPEALS OCTOBER 2, 1995 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION ) � OF RICHARD AND RITA ADAMS, AND ) Z-399(11) THE CITY OF MCHENRY FOR ZONING ) RICHARD 8c RITA ADAMS AND A CONDITIONAL USE, PURSUANT ) ADAMS RADIATOR TO THE ZONING ORDINANCE OF THE ) 3004-3008 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 2, 1995. Chairman Semrow called the hearing to order at 7:59 p.m. The following persons were in attendance: 1. Zoning Buard Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Bun, Frank McClatchey, Donna Tobeck. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building 8i Zoning: John A. Lobaito. � 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito; Property owners represented by Richard and Rita Adams, 1618 W. Lincoln Road, McHenry Illinois 60050. 6. Attomey for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome 8i Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thornwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 60050. � 10. Anthony Parisi, 3102 W Rte 120 McHenry IL b0050. Page 2 ZBA-Adams Radi;itor 1�J/2/95 � [�ENERAL OVEIiVIEW OF PROCEEDINGS � Attomey McArdle stated that the purpose of these hearings is to bring each parcel of land into the Ciry with as few pre-existing non-conformides as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the third 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 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 F,�rhibit l entitled "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 E.Yhibit 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 Petitioners Exhibit 3. �jOTIFICATION Notif'ication of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Nodces were sent to all abutting properties via certified mailing. An A�ciavit 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 3004-3008 West Route 120 McHenry Illinois 60050, and is the location of Adams Radiator. SUMMARY The Pedtioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District and that a conditional use permit be granted to allow a radiator repair facility and an automobile service and repair facility on the subject premises. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John Lobaito, 333 S Green Street McHenry IL G0050. Richard A. Adams, 1618 W Lincoln Road McHenry IL 60050. Rita A Adams, 1618 W Lincoln Road McHenry IL 60050. Lobaito stated that the subject property was zoned B1 in the County prior to annexation to the City. The current zoning is E Estate District upon annexation. Lobaito provided the Board with the uses which surround the subject property. Lobaito said that the proposed zoning is compatible with the Comprehensive Plan for the City. The trend of development in this area is commercial. �. Attomey McArdle addressed the Approval Criteria for reclassification and the Approval Criteria for conditional uses as stated in the Petition. Page 3 ZBA-Adams Radiator 1Q/2/95 w Mr. Adams stated that he has owned the subject property for approximately 20-25 years. The radiator � repair facility and warehouse are contained in a building which is approximately 80' X 100' in size. The building was erected about 15-20 years ago. The current tenant is Tom Eiff who has been at this location for 5-6 years. He has a 5 year lease with a 5 year option to continue. Adams stated that he has no intention of changing the type of business for this location. Adams said that there is some outside storage as relates to the business. Radiator cores are stored outside of the building in a fenced-in area. The area is fenced with a six-foot chain link fence which has privacy slats. There are some vehicles related ta the business which are stored in the rear yard as well. �TT��`i i^i T`' ^i TIIE WITNESSES BY MEMBERS OF THE BOARD Lovett asked if the radiator repair business produced or used any toxins or hazardous chemicals. Adams said they do not. Christensen asked if it was necessary to grant a conditional use for an automobile repair shop. Lobaito explained that the zoning ordinance specifies that any automobile repair facility, including radiator repair and service, requires a conditional use permit be granted. Swierk said that the outside storage of radiator cores would appear to be ancillary to the business being conducted on the premises and no conditional use permit would be required as long as this area is contained and fenced-in. Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, the Board will consider the Petition at this dme unless there is a motion to recess by a member of the � Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMIVIENDATION Motion by Swierk, seconded by Christensen, to recommend to the City Council that The Petitioners' request that the subject property be reclassified from E-Estate Zoning District to CS Highway Commercial District be granted; that the Petitioners request for a conditional use permit to allow a radiator repair facility and an automobile service and repair facility on the subject premises be granted; and that the Approval Criteria for Zoning Amendment, 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: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bun, McClatchey, Tobeck. � Page 4 ZBA-Adams Radiator 1�/2/95 ,� Motion carried 4-0. This hearing was adjoumed at 8:13 p.m. Respectfully submitted Harry Semro Chairman Zoning Boar of Appe�ls c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building 8i Zoning, Public Works, Administradon, City Attomey, Engineering Inspector, Petitioner Adams, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(11) ti... � ' ZONING BOARD OF APPEALS OCTOBER 2, 1995 CITY OF MCHENRY IN THE MATTF:R OF THE APPLICATION ) � OF PERRY MOY AND ANTHONY ) Z-399(33) PARISI AND THE CITY OF MCHENRY ) MOY-PARISI FOR ZONING AND A CONDITIONAL USE ) DON'S DAIRY FROST PERMIT, PURSUANT TO THE ZONING ) 3102 W RTE 120 ORDINANCE OF THE CiTY OF ) C5, CONDITIONAL USE MCHENRY, MCHENRY COUNTY, ) ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on September 18, 1995 and was recessed to this date. Chairman Semrow called the hearing to order at 7:23 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building 8c Zoning: John A. Lobaito. 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito; Property owners represented by Anthony Parisi, 3102 W Route 120 McHenry Illinois 60050 and Perry Moy, 3917 W Main St McHenry Illinois 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: City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. 7erome & Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thomwood Drive McHenry IL 60U50. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. �, 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 60050. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. � Page 2 ZBA-Moy/Parisi 10/2/95 (�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-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the third 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 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 re�resent themselves at the hearing. McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entided "Zoning Board Hearing Dates' which idendfied which parcels will be heard on each of the five tentative hearing dates. Also entered into the record on August 21, 1995 was Petitioners F rhibit 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 Crroups" 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 Aff'idavit 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 3102 West Route 12U McHenry and is the location of Don's Dairy Frost 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 outdoor advertising, outside storage, and restaurant outside seadng and service. TESTIMONY Chairman Semrow swore in the following witnesses for the Pedtioners: John Lobaito, 333 S Green Street McHenry IL 60050. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. Perry Moy, 3917 W Main St McHenry IL 60050. Lobaito stated that the subject property was zoned B 1 with a variance in the County prior to annexation to the City. The current zoning is E Estate District upon annexation. Lobaito provided the Board with the uses which surround the subject property. Lobaito said that the proposed zoning is compatible with the Comprehensive Plan for the City. the trend of development in this area is commercial. `, Attomey McArdle addressed the Approval Criteria for reclassification and Conditional Use as stated in the Petition. Page 3 ZBA-Moy/Parisi 10/2/95 OUESTIONS OF THE WITNESSES BY MEMBERS OF THE BOARD � Swierk said that with regard to the conditional use request for the Billboard, would the petitioners be permitted to change the copy on this sign from time to time. Lobaito said that Billboards are considered a principal use and a conditional use permit is required. There would be no penalty when the renter of the advertising would change copy. Usually, the sign is used for businesses other than the one present vn the site. Swierk suggested that the Petition be amended to limit the Conditional Use Permit for the Billboard to one billboard. The Petitioners agreed to this change and the Petition was amended on its face to reflect this change. Swierk asked why CS zoning was being requested. C5 is not necessary for restaurant use. Lobaito explained that all previously zoned B1 properties in the County are being proposed with CS in the City. To do otherwise would constitute a "taking", as there are uses permitted in the B1 District in the County that are only permitted in the C5 District in the city. TESTIMONY Parisi said that he is part owner in the Don's Dairy Frost business located on this site. He said there is a storage shed on the premises which is used for the storage of dry goods. It is approximately 300 square feet in size. It is located on the easternmost lot; the remainder of the lot is used for parking. Parisi said the dumpster area is fenced in with a 6 foot privacy fence. Parisi said the entire property is fenced in. With regard to the request for outside storage, Parisi said that he stores bread trays, plastic trays and CO2 containers outside at the rear of the building. This area is fenced in. Parisi said that all materials � stored outside are related to the restaurant business. Moy said he has been renting the billboard to businesses for approximately 10 years. OUESTIONS OF THE WITNESS BY MEMBERS OF THE BOARD Christensen asked how long the materials remained outside; what is the turnover. Parisi said these items change approximately every other day. Discussion followed regarding the outside storage and the need for a conditional use permit. It was the consensus of those present to amend the Petition to state that the outside storage shall be for non- perishable restaurant-related equipment and supplies. The Petitioner agreed to amend the Petition. Lovett asked if items stored in the shed would constitute outside storage. Lobaito said that the accessory structure is permitted by ordinance. Those items stored in the shed are not considered as being stored outside. 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 regrd to the Petition." DELIBERA,TION AND RECOMMENDATION Motion by Swierk, seconded by Lovett, to recommend to the City Council that � � Page 4 ZBA-Moy/Parisi 10/2/95 � The Petitioners' request that the subject property be reclassified from E-Estate Zoning District �, to CS Highway Commercial District be granted; that the request for a Conditional Use Permit to allow the following uses: Outdoor advertising (one billboard sign only) Outside storage of non-perishable restaurant-related equipment and supplies Restaurant having outside seating and service; be granted; and that the Approval Criteria for Zoning Amendment, Table 33, page 401 of the Zoning Orclinance, have been met; and that the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey, Tobeck. Motion camed 4-U. This hearing was adjourned at 7:44 p.m. Respectfully submitted f�C�e,Cc�— 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, Administradon, City Attorney, Engineering Inspector, Petitioner Moy, Observers/Objectors (10), Aldermen Reference Copy, Building �Yc Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(33) � � ZONING BOARD OF APPEALS OCTOBER 2, 1995 CITY OF MCHENRY iN TAE MATTF:R 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)?NRY, MCHENRY ) C5, CONDITIONAL �JSE 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 and recessed to this date. Chairman Semrow called the hearing to order at 7:08 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director c�f Building b'c Zoning: John A. Lobaito. � 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito; Property owner represented by Greg O'Halleran, 2514 N Villa Lane, McHenry IL 60050. 6. Attomey for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: City Clerk Althoff. S. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome �Yc Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thomwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 60050. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. � � ' Page 2 ZBA-O'Halleran 101�/95 (�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 third 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 directian 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 more intense zoning than they were assigned in the County. In those cases, the City is not a co-pedtioner and the applicants will re�►resent themselves at the hearing. McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entided "Zoning Board Hearing Dates" which 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 E�rhibit 2 entitled "Plat of Anneacation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record on August 21, 19g5, 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 notification requirements have been followed is on file in the office of the City Clerk. � LOCATION The subject property is located at 3014 West Route 120 McHenry and is the location of the Bull's Eye Windshield Repair business. SUMMARY The Petidoners are requesting that the subject property be reclassified from E Estate District to C5 Highway Commercial District; that a Conditional Use Pemnit be granted to allow outside storage and vehicle repair and service. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: 7ohn A. Lobaito, 333 S Green St McHenry Illinois 60050. Greg O'Halleran, 2514 N Villa Lane McHenry Illinois 60050. Lobaito was called as the first wimess for the Petitioners. He stated that the zoning for the subject property prior to annexation to the City was B 1 pursuant to the McHenry County zoning ordinance. He noted that the Petitioners are requesting CS with a conditional use permit. The subject property is currently being used as an automobile repair facility. The surrounding uses are primarily commercial. Attomey McArdle addressed the Approval Criteria for re-classification and conditional use permit as �. stated within the Petidon. Page 3 ZBA-O'Halleran 10�,�/95 � O'Halleran stated that ihe tenant at this site has a short term, month-to-month lease. The current tenant has occupied this site for approaumately 4-5 months. Prior to that, the owner of the property used this site for the storage� of drywall materials for his business. That use was in existence for approximately 3-4 years. Prior to that time, there was a transmission repair business at this location. QUESTIONS BY MEMBERS OF THE BOARD Swierk asked the type and quantity of outside storage on the site. Lobaito said the Board could choose to limit the amount of outside storage permitted by the Condidonal Use Permit. Lobaito said he believed the outside storage to be vehicles awaiting windshsield repair from time to time. O'Halleran stated he was not knowledgeable about the amount or type of outside storage on the premises. MOTION TO RECESS Motion by Lovett, seconded by Christensen, to recess this hearing until October 23, 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 starage on the subject premises. Voting Aye: Christensen, Lovett, Semrow, Swierk. Vodng Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey, Tobeck. Modon carried 4-U. This hearing was recessed at 7:23 p.m. � Respectfully submitted � �� Harry Se w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building 8i Zoning, Public Works, Administration, City Attomey, Engineering Inspector, Petidoner O'Halleran, Observers/Objectors(10), 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 2, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF ROBERT W JESSUP AND JESSUP MFG ) AND THE CITY OF MCHENRY FOR ) Z-399(31) ZONING WITH A CONDITIONAL USE ) JESSUP MFG PERMIT, PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF ) 2815 W RTE 120 MCHENRY, M(:HENRY COUNTY, ) I1, 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 2, 1995. Cha.irman Semrow called the hearing to order at 9:24 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Bun, Frank McClatchey, Donna Tobeck. 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 8i Zoning Lobaito; Property owners represented by Robert W Jessup, 3714 W Young Street 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: i. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome 8i Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thornwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 60050. `. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. ' �Page 2 ZBA-Jessup 10/2/95 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-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry an August 2, 1995. This is the third 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-petidoner. 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 Fxhibit 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 Eichibit 2 entided "Plat of Anne�tion' 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 Notificadon of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notification requirements have been followed is on file in the office of the City Clerk. � LOCATION The subject property is located at 2815 West Route 120 McHenry and is the locadon of Jessup Manufacturing Co. and Joseph Frett & Sons. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to I1 Industrial Zoning District; that a Conditional Use Permit be granted to allow the following uses on the subject premises: Fabrication of rubber,vinyl,paper, felt, or other similar soft goods with or without adhesive into finished products, per customer specifications Outside storage of skids and raw materials. Exterior storage of materials and equipment, including but not limited to, mechanized vehicles, mechanized equipment, concrete forms, scaffolding, wood bracing, planks, pailets, lumber, building supplies such as: nails, screws, form oil sealers, paints, fuel, masonry materials, sand, gravel, topsoil, structural steel, reinforced steel, straw, fencing, trailers, construction trailers, and banels. Exterior manufacturing of wood components, cabinets, tops, precast concrete items. Storage of propane tanks in outside metal building. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: � John Lobaito, 333 S Green Street McHenry IL 60050. Robert W 7essup, 3714 W Young Street McHenry IL 60050 � •Page 3 ZBA-Jessup 10/2/95 Lobaito stated tha�: the subject property was zoned Industrial in the County prior to annexadon to the � City. The cunent zoning is E Estate District upon annexation. Lobaito provided the Board with the uses which surrou�id the subject property. Lobaito said that the proposed zoning is not compatible with the Comprehensivr� Plan for the City. However, the trend of development in this area is industrial. In order to preserve the existing land uses on the subject property, industrial zoning should be recommended for approval. Attorney McArdle addressed the Approval Criteria for reclassification and Conditional Use as stated in the Petidon. Jessup stated that his family has owned the subject property in a land trust since 1957. The current size of the manufacturing plant is 25,000 square feet. The original size of the plant was 15,000 square feet. Jessup said that he uses the shed at the rear of the plant for the storage of old machinery. Jessup said that Joseph Frett and Sons have occupied the northwest portion of the site since approximately 1955. Frett is a general contractor with an office and accompanying storage of construction equipment on his portion of the site. Frett stores vehicles on the site. There are usually 2-3 vehicles inside of their building. They store a truck along side of the Jessup Mfg. building. Jessup noted that there is a 5-6' embankment along the rear property line which helps in screening this site from property abutting to the south. Jessup said that he is not aware of any complaints with regard to tus operation furm abutting property owners. � �iT�STIONS OF THE WITNESSES BY MEMBERS OF THE BOARD Christensen asked why type of fuel storage is done on the site. Jessup said there would just be small 5 gallon cans of fuel used for power equipment. Christensen asked about the outside storage being requested as a part of the conditional use permit. Jessup said that mosdy what he would need to store outside with regard to his operation would be pallets, usually between 20-30 pallets at one time. Frett stores items related to his construction business. Christensen expressed concem regarding a possible accumulation of construction debris. Lovett asked of toxins were used or if there was hazardous waste as a result of the operation. Jessup said there would not be. Semrow asked the Petitioner if items were fabricated from rubber or of rubber. Jessup clarified that the rubber was prefabricated when it came to his plant. Items were fabricated from rubber. He does not actually fabricate the rubber on-site. The Petition was amended on its face to reflect the fabrication from rubber, vinyl, paper, etc... Discussion ensued regarding what should be permitted as outside storage. It was the consensus that the outside storage should be restricted by "sha11 be screened from view from Route 120". 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." DELIBERATION AND RECOMMENDATION � Motion by Swierk, seconded by Lovett, to recommend to the City Council that ' •Page 4 ZBA-Jessup lO/2/95 The Petitioners' request that the subject property be reclassified from E-Estate Zoning District �, to I1 Industrial Zoning District be granted; that the request for a Conditional Use Permit to allow the f,�llowing uses: Fabrication from rubber, vinyl, paper, felt, or other similar soft goods with or without adhesive into finished products, per customer specifications Outside storage of skids and raw materials which shall be screened from view from Route 120. Exterior storage of materials and equipment, including but not limited to, mechanized vehicles, mechanized equipment, concrete forms, scaffolding, wood bracing, planks, pallets, lumber, building supplies such as: nails, screws, form oil sealers, paints, fuel, masonry materials, sand, grav�.l,topsoil,structural steel, reinforced steel,straw, fencing,trailers,construction trailers,and barn ls, which shall be screened from view from Route 120. Exterior manufacturing of wood components, cabinets, tops, precast concrete items. Storage of propane tanks in outside metal building.; on the subject property be granted; and that the Approval Criteria for Zoning Amendment, Table 33, page 401 of the Zoning Ordinance, have been met; and that the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey, Tobeck. � Motion carried 4-0. This hearing was adjourned at 9:55 p.m. Respectfully submitted � Haxty S ow, Chairman Zoning oard of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building 8i Zoning, Public Works, Administradon, City Attomey, Engineering Inspector, Pedtioner Jessup, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(31) � ~ ZONING BOARD OF APPEALS OCTOBER 2, 1995 - CITY OF MCHENRY IN THE MATTFR OF THE APPLICATION ) � OF SHIRLEY STRACH, DANIEL STRACH ) Z-399(24) d/b/a COMMUNITY AUTO PARTS & ) STRACH SALES, AND TEiE CITY OF MCHENRY ) COMMUNITY AUTO PARTS FOR ZONING, A CONDITIONAL USE ) 3021 W RTE 120 PERMIT AND A USE VARIANCE, ) C5, CONDITIONAL USE PURSUANT TO THE ZONING ) and USE VARIANCE ORDINANCE OF THE CITY OF ) MCHENRY, 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 September 18, 1995 and recessed to this date. Chairman Semrow called the hearing to order at 7:05 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretar�: Kattileen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: City of McHenry represented by Director of Building 8i 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. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome & Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thornwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. S. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL, 60050. � 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. , • Page 2 ZBA-Strach 10/�:95 GENERAL OVERVIEW OF PROCEEDIN � Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the third in a series of public hearings at which the zoning reclassification of recendy annexed property east of the river will be considered. City Council's direcdon has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the 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 peddoners are seeking more intense zoning than they ��vere assigned in the County. In those cases, the City is not a co-pedtioner and the applicants will re��resent themselves at the hearing. McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entitled "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 Exhihit 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 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. Nodces 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 3021 West Route 120 McHenry and is the location of the Community Auto Parts 8i Sales business. SUMMARY The Pedtioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Pernut be granted to allow motor vehicle repair and service, outside storage, and commercial vehicle storage of semi-trailers; that a use variance be granted to permit a residential dwelling unit (apartment) in the commercial structure. Attorney McArdle requested that the Hearing be recessed undl November 6, 1995. � � Page 3 ZBA-Strach 10/2�95 � MOTION TO RECESS Motion by Christcnsen, seconded by Lovett, to recess this hearing undl November 6, 1995 at 7 p.m. Vodng Aye: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: No�e. Absent: Bu�r, McClatchey, Tobeck. Motion carried 4-�. This hearing was recessed at 7:06 p.m. Respectfiilly submitted F.ltt,l�_ Harry Semro 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, Peddoner Strach, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning � Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(24) � � ZONING BOARD OF APPEALS OCTOBER 2, 1995 � CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF DANIEL ADAMS AND JOYCE ADAMS ) Z-399(20) AND THE CITY OF MCHENRY FOR ) DANIEL 8� JOYCE ADAMS ZONING, PURS UANT TO THE ZONING ) DAN ADAMS STEEL SERV ORDINANCE ON THE CITY OF ) 3003 W RTE 120 MCHENRY, MCHENRY COUNTY, ) C5, USE VARIANCE 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. Chairman Semrow called the hearing to order at 8:45 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Hairy Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioner: Ciry of McHenry represented by Director of Building & Zoning Lobaito; Property owners represented by Daniel Adams, 3003 W Rte 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: l. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome �k Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thornwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 60050. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. �. Page 2 ZBA-Dan Adams 10/2/9S G�NERAL OVERVIEW OF PR EEDIN iS � 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 third 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 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 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 entided "McHenry County Zoning Use Groups" marked as Pttitioners Exhibit 3. �OTIFICATION Notitication of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all nodfication requirements have been followed is on file in the office of the City Clerk. � LOCATION The subject property is located at 3003 West Route 120 McHenry Illinois 60050, and is the location of Dan Adams Steel Service. �UMMARY The Petitioners are requesdng that the subject property be reclassified from E Estate District to I1 Industrial Zoning District. TESTIMONY Chairman Semrow swore in the following witnesses for the Pedtioners: John Lobaito, 333 S Green Street McHenry IL 60050. Daniel Adams, 3003 W Rte 120, McHenry IL 60050. Lobaito stated that the subject property was zoned B 1 with a variance, I1 and B2 in the County prior to annexation to the City. The current zoning is E Estate District upon annexation. The Petitioners are requesting that the subj�t property be zoned I1 in the city. Lobaito provided the Board with the uses which surround the subject property. Lobaito said that the proposed zoning is not compatible with the Comprehensive Plan for the City; however, the development to the immediate east, west and south of the subject property is zoned industrial. The trend of development in this immediate area is industrial. In order for the Petitioners to maintain the zoning uses previously permitted in the county a classification � of industrial zoning district is necessary. Otherwise, it would constitute a taking. Attomey McArdle addressed the Approval Criteria for reclassification as stated in the Petition. � Page 3 ZBA-Dan Adams 10/2/4,5 Adams stated that at one time Charles Herdrich and Sons needed approximately 110-15 feet of land in � order to obtain a huilding permit from the county to put on an addition. So, he sold them that land, but the Herdrich buil�iing is not situated on that land. In fact the boundary fence was never even moved. 1'he selling of th� land he�ped Herdrich in maintaining the required setback distance from the side property line. �t the request of the Board, the Petitioner agreed to strike from the Petition "warehouse, storage, distribution facility for brewery' as an existing and proposed use. Adams said that the initial portion of the building was the northwest segment of the building which was built in about 19 i 6. In about 1985, the eastern addition was put on. The last addition was put up in 1989. QUESTIONS OF THE WITNE ES BY ME ERS OF THE BOARD Semrow asketi if North Avenue is vacated in the northeasterly direction north of Plymouth Lane. Adams said that is correct. Semrow asked what types of things are stored outside on the premises. Adams said large structural steel beams are stored outside. The beams could be as long as 55 feet. The steel is stored outside of the building although the steel fabricating and assembly is done inside of the building. Heavy steei is stored outside of the building. Adams said most of the outside storage is south and east of the building. All storage is contained in a chain link fenced-in area. The fencing has privacy slats. The fence is parallel to the building line. The fence gate is locked at all times. Lovett asked if there were any toxic chemicals used or hazardous waste byproducts from the operation. Adams said there are none. � Attorney McArdle noted that the Petitioner did not request a conditional use permit to allow outside storage on the site. He asked that the Board move to recess this Hearing until November 6, 1995, by which dme the Pedtion shall be amended and there shall be Public Notice given as to a request for a conditional use permit to allow outside storage on the subject premises in the enclosed fenced-in area and that the fence line shall not be expanded. MOTION TO RFGE�� Motion by Christensen, seconded by Lovett, to recess this hearing until 7 p.m. on November 6, 1995 by which time the Petition shall be amended and there shall be Public Nodce given as to a request for a condidonal use permit to allow outside storage on the subject premises in the enclosed fenced-in area and that the fence line shall not be expanded. Voting Aye: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey, Tobeck. � Page 4 ZBA-Dan Adams 10/2/9,5 � Modon carried 4-0. This hearing was recessed undl 7 p.m. on November 6, 1995. Chairman Semrow recessed this hearing at 9:10 p.m. Respectfully submitted �e�� Harry Semr , Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building �i Zoning, Public Works, Administration, City Attorney, Engineering Inspector, Petitioner Dan Adams, Observers/Objectors(10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(20) � � ZONING BOARD OF APPEALS OCTOBER 2, 1995 • CITY OF MCHENRY . IN THE MATT�:R OF THE APPLICATION ) �. JEROME J BUCH AND ETHEL M BUCH ) Z-399(15) AND THE CITY OF MCHENRY FOR ) BUCH ZONING, PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF ) 3012 W RTE 120 MCHENRY, MCHENRY 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 2, 1995. Chairman Semrow called the hearing to order at 7:46 p.m. The following persons were in attendance: 1. Zoning Boa.rd Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Katlileen M. Kunzer. 4. Director of�Building d'c Zoning: John A. Lobaito. � 5. Pedtioner: City of McHenry represented by Director of Building d'c Zoning Lobaito; Property owners represented by Jerome and Ethel Buch, 4506 W Front Royal Drive McHenry Illinois 60050. 6. Attomey for the Peddoner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome �i Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thornwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane And.reas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 60050. �. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. Page 2 ZBA-Buch � 10/2/95�. , GENERAL OVERVIEW OF PROCEEDINGS \ � Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land mto the City with as few pre-eYisdng non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the third 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 direcdon has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In all cases where this is being requested, the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co-petitioner and the applicants will represent themselves at the hearing. McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entided "Zoaing Board Hearing Dates" which idernified wluch 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 endded "Plat of Annexation' of the entire property which was annexed into the City on Augvst 2, 1995. Also entered into the record on August 21, 1995, was a document entitled "McHenry County Zoning Use Grroups" marked as Petitioners Exhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certiticate of Publicadon is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that a11 notification requirements have been follow� is on file in the office of the City Clerk. �, LOCATION The subject praperty is located at 3012 West Route 120 McHenry Illinois b0050. There are several businesses located on the premises including a resale shop, insurance office, beauty salon, plumbing & heating contractor. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to C5 Highway Commercial District. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John Lobaito, 333 S Green Street McHenry IL 60050. Jerome J Buch, 4506 W Front Royal Drive McHenry IL 60050. Ethel M Buch, 4506 W Front Royal Drive McHenry IL 60050. Lobaito stated that the subject property was zoned B1 with a variance in the County prior to annexation to the City. The current zoning is E Estate District upon annexation. Lobaito provided the Board with the uses which sunound the subject property. I,�baito said that the proposed zoning is compatible with the Comprehensive Plan for the City. The trend of development in this area is commercial. �. Attomey McArdle addressed the Approval Criteria for reclassification as stated in the Petidon. Mr. Buch said that he has either leased or owned the property since 1953. He was the sole owner since Page 3 ZBA-Buch 10/2/95�. about 1975. He stated that the uses have remained fairly constant for the last 15-20 years. It is his � intent to use the property commercially. Mr. Buch said there is a block storage building on the site which is appro�umately 17' X 50' in size. There is also a metal addition to the principal structure which was added on about 20 years ago. S2UESTIONS OF THE WITNESSES BY MEMBERS OF THE BO�RD Christensen asked if the Pedtioner would be able to rent out the storage shed. Lobaito said the shed could only be used or leased out to a tenant of the principal building. The shed would be considered an accessory structure. Swierk asked about the pipe rack being stored outside of the building at the rear. Lobaito said it would be in conjunction with the plumbing and heating contractor who lease a part of the principal structure. There is no request for a condidonal use for outside storage on the site. 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." DELIBERATION AND RE OMMENDATION Motion by Swierk, seconded by Lovett, to recommend to the City Council that The Petidoners' request that the subject property be reclassified from E-Estate Zoning District to C5 Highway Commercial District be granted; and that the Approval Criteria for Zoning � Amendment, Table 33, page 401 of the Zoning Ordinance, have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey, Tobeck. Motion carried 4-0. This hearing was adjourned at 7:58 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, Administradon, City Attomey, Engineering Inspector, Petitioner Buch, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. � Z-399(15) ZONING BOARD OF APPEALS OCTOBER 2, 1995 ' CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF DUANE ANnREAs AS GUARDIAN ) z-399(6) FOR THE ESTA TE OF EARL ) KENNEBECK KENNEBECK, FOR ZONING PURSUANT ) TO THE ZONING ORDINANCE OF THE ) 2804 W RTE 120 CITY OF MCHENRY, MCHENRY ) CS COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-capdoned petition was held on October 2, 1995. Chairman Semrow called the hearing to order at 10:01 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building 8i Zoning: John A. Lobaito. � 5. Petitioner: The Estate of Earl Kennebeck represented by Duane Andreas, 3920 Hillcrest McHenry Illinois 60050. 6. Attorney for the Petitioner: None. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome 8i. Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thomwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert 7essup, 3714 W Young St McHenry IL 60050. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. � Page 2 ZBA-Kennebeck 10/:/95 GENERAL OVLRVIEW OF PROGEEDIN �S � 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 third in a series of public hearings at which the zoning reclassificadon of recendy annexed property east of the river will be considered. City Council's direcdon has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexadon. In all cases where this is being requested, the City has signed the Peddon 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 E.xhibit 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 entided 'McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION Notificadon of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notification requirements have been followed is on file in the office of the City Clerk. � LOCATION The subject property is located at 2804 West Route 120 McHenry and is the residence of Earl Kennebeck. SUMMARY The Pedtioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District. TESTIMONY Chairman Semrow swore in the following witness for the Peddoners: Duane Andreas, 3920 Hillcrest McHenry IL 60050. Andreas stated that he is the court appointed guardian for the Estate of Earl Kennebeck. Earl is disabled and there are five cousins who provide for his care. Earl lives on the subject property. Andreas noted that most of the property in the immediate area is being reclassified to C5 by the City of McHenry. The property in question and much of the property in this general area were originally the Kennebeck farm. Semrow asked if there were funds available to take care of the Petitioner. Andreas said there are funds available to provide for his care. Andreas function as guardian for the Estate is to basically take care of Earl's fmances. The current use of the property is residential. Earl would like to continue to live � on the premises. Andreas said that as long as Earl lives on the property it will remain residential in use. Page 3 � ZBA-Kennebeck 10/2�5 It would seem in the best interest for the estate if the property were reclassified to C5 in order to be � consistent with abutting properties. This would make the property more valuable for development purposes if there should come a dme when Earl is no longer able to care for himself and able to remain alone in his house. The property could then be developed as commercial. Andreas said there are no plans to develop the property commercially at this time. QUESTIONS OF THE WITNESS BY MEMBERS OF THE BO�R� Swierk asked if there would be a problem with the property being zoned C5 and still being used as a residential dwelling. Lovett asked if a conditional use permit or use variance would be required to allow the residential use to continue. Lobaito said there would not. It would be similar to other properties on River Road which the Board has recommended be zoned commercial but which are still being used as residential at this dme. The property would be subject to the provisions of the Non-Conformities Chapter of the Zoning Ordinance. Chairman Semrow said, "there being no further tesdmony before this Board with regard to this matter, the Board will consider the Petition at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Modon by Christensen, seconded by Swierk, to recommend to the City Council that The Petitioners' request that the subject property be reclassified from E-Estate Zoning District to C5 Highway Commercial District be granted; and that the Approval Criteria for Zoning � Amendment, Table 33, page 401 of the Zoning Ordinance, have been met. Voting Aye: Christensen, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: Lovett. Absent: Burr, McClatchey, Tobeck. The abstendon goes with the majority and the motion carried 4-0. This hearing was adjourned at 10:13 p.m. Respectfully submitted �l�' �EG4lcA.�� Harry mrow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building �i Zoning, Public Works, Administration, City Attorney, Engineering Inspector, Petitioner Andreas, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City �� Clerk File. Z-399(6) ZONING BOARD OF APPEALS OCTOBER 2, 1995 _, CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) `,, OF CQNCETTA T ARCURI AND THE ) Z-399(5) CITY OF MCHENRY FOR ZONING, ) ARCURI PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF ) 2903-2905 W RTE 120 MCHENRY, MCHENRY COUNTY, ) C5 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. Chairman Semrow called the hearing to order at 9:12 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building d'c Zoning: John A. Lobaito. � 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito; Properry owners represented by Concetta T. Arcuri, 411 Thornwood Drive 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. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome 8i Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thornwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert 7essup, 3714 W Young St McHenry IL 60050. I0. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. � Page 2 ZBA-Arcuri 10/2/95. G�NERAL 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 third 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 C'ounty prior to the annexation. In all cases where this is being requested, the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co-petitioner and the applicants will represent themselves at the hearing. McArdle noted that at the August 21, 1995 hearing, he entered into the record Petitioners Exhibit 1 entifled "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 entided "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION Notificadon of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Nodces were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that a11 notificadon requirements have been followed is on file in the office of the City Clerk. �. LOCATION The subject property is located at 2903-2905 West Route 120 McHenry, and is located at the northeast corner of the intersection of Northside Avenue and Route 120. 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 Pedtioners: John Lobaito, 333 S Green Street McHenry IL 60050. Concetta T. Arcuri, 411 Thornwood Drive McHenry IL 60050. Lobaito stated that the subject property was zoned B1 in the County prior to annexation to the City. The cunent zoning is E Estate District upon annexation. Lobaito provided the Board with the uses which surround the subject property. Lobaito said that the proposed zoning is compatible with the Comprehensive Plan for the City. The trend of development in this area is commercial and industrial, although this particular lot would be too small to develop as industrial. Arcuri said that there is currendy a residential use on this property, however it was zoned B 1 in the � county. Page 3 ZBA-Arcuri 10/2/95 . Attomey McArdle addressed the Approval Criteria for reclassificadon and Condidonal Use as stated in � the Pedtion. S�UESTIONS OI� THE WITNE SF BY MEMBER� OF THE BOARD Christensen asked if there should be a use variance request before this Board with regard to this Pedtion. Lobaito said the F�etitioner did not request it. What would happen is that the residendal use would be a pre-existing non-conforming use. It would be subject to the non-conformities chapter of the zoning ordinance. The P�tidoner would not be permitted to make the existing use or shvcture any more non- conforming that it currendy is at this time. Lovett said that since this property is adjacent to property which is being considered as I1, shouldn't the City recammend industrial zoning for this parcel? Lobaito said that City has tried to remain consistent. A11 properties previously zoned B1 in the county are being recommended to have C5 zoning in the City. Christensen asked if the lot is large enough to accommodate commercial development. Lobaito said the Petitioner would have to comply with all setback, parking and landscape requirements of the C5 zoning district if the property were developed as commercial. No variances are being sought in this Pedtion. Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, the Board wi11 consider the Petition at this time, unless there is a modon to recess by a member of the Board. There being no motion to recess, the Chair will entertain a modon with regard to the Petition." �3Ei I��RA��ION AND F OMM NnqTION L Modon by Swierk, seconded by Christensen, to recommend to the City Council that The Petitioners' request that the subject property be reclassified from E-Estate Zoning District to C5 Highway Commercial District be granted; and that the Approval Criteria for Zoning Amendment, Table 33, page 401 of the Zoning Ordinance, have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, McClatchey, Tobeck. Motion camed 4-0. This hearing was adjourned at 9:23 p.m. Respectfully submitted ��� Harry Semro Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building 8i Zoning, Public Works, Administradon, City Attomey, Engineering Inspector, �, Peddoner Arcuri, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(5) w � ZONING BOARD OF APPEALS OCTOBER 2, 1995 : CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) �, OF STANLEY AND MARY JURCZYK ) Z-399(4) AND THE CITY OF MCHENRY FOR ) JURCZYK ZONING WITH A CONDITIONAL USE ) 2906 W RTE 120 PERMIT PURSIIANT TO THE ZONING ) C5, CONDITIONAL USE ORDINANCE OF THE CITY OF ) 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-capdoned petidon was held on October 2, 1995. Chairman Semrow called the hearing to order at 9:56 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. L, 4. Director of Building � Zoning: John A. Lobaito. 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito. b. 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: Chery1 Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome 8i Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thornwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 6()050. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. � � 'Page 2 ZBA-Jurczyk 10/2/95_, GENERAL OVERVIEW OF PRO EEDIN S � Attomey McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-exisdng non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the th�rd in a series of public hearings at which the zoning reclassificadon of recendy annexed property east of the river will be considered. City Council's direction has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexadon. In all cases where this is being requested, the City has signed the 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 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 Ezhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that a11 notification requirements have been followed is on file in the office of the City Clerk. � �.00ATION The subject property is located at 2906 West Route 120 McHenry. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District ta C5 Highway Commercial District; that a Conditional Use Permit be granted to allow an indoor amusement establishment (firing range). In view of the fact that the property owner was not represented at this hearing, Attorney McArdle requested that the Hearing be recessed until October 23, 1995. MOTION TO RECESS Modon by Christensen, seconded by Lovett, to recess this hearing until October 23, 1995 at 7 p.m. at which time the property owner is requested to be present to testify on his behalf. Voting Aye: Christensen, Lovett, Semrow, Swierk. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bun, McClatchey, Tobeck. � `Page 3 ZBA-Jurczyk 1012/95_, � Modon carried 4-0. This hearing was recessed at 9:58 p.m. Respectfully submitted r �4,C p�� Harry Semr , Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building 8i Zoning, Public Works, Administration, City Attomey, Engineering Inspector, Petitioner Jurczyk, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(4) � `� ZONING BOARD OF APPEALS OCTOBER 2, 1995 .. CITY OF MCHENRY IN`THE MATTER OF THE APPLICATION ) � OF CHESTER AND BARBARA ) Z-399(2) BRYNIARSKI AND THE CITY OF ) BRYNIARSKI MCHENRY FOR ZONING AND A USE ) VARIANCE, PiJRSUANT TO THE ZONING ) 3007-3UC)9 W RTE 120 ORDINANCE OF THE CITY OF ) CS, USE VARIANCE 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. Chairman Semrow called the hearing to order at 8:15 p.m. The following persons were in attendance: l. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk. Absent: Tom Burr, Frank McClatchey, Donna Tobeck. 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 8i Zoning Lobaito; Property owners represented by Chester Bryniarski, 3009 W Route 120, McHenry Illinois 60050. 6. Attomey for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, SO N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 3. Richard and Rita Adams, 1618 Lincoln Rd McHenry IL 60050. 4. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 5. Jerome 8i Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. 6. Concetta Arcuri, 411 Thomwood Drive McHenry IL 60050. 7. Greg O'Halleran, 2514 N Villa Lane McHenry IL 60050. 8. Duane Andreas, 3920 Hillcrest Dr McHenry IL 60050. 9. Robert Jessup, 3714 W Young St McHenry IL 60050. �.. 10. Anthony Parisi, 3102 W Rte 120 McHenry IL 60050. Page 2 ZBA-Bryniarski 10/2/95 GENERAL OVERVIEW OF PROCEEDIN iS �„ 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-conformides as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the third 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 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 entitled "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 endded "McHeary County Zoning Use Groups" marked as P�ririoners Exhibit 3. NOTIFICATION Notificadon of this hearing was published in the Northwest Herald on September 16, 1995. The Publisher's Cerkificate of Publication is on file in the office of the City Clerk with regard to this matter. Nodces were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notification requirements have been followed is on file in the office of the City Clerk. � LOCATION The subject property is located at 3007-3009 West Route 120 McHenry Illinois 60050. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to I1 Industrial Zoning District and that a use variance be granted to allow a single family residence on the subject property. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John Lobaito, 333 S Crreen Street McHenry IL 60050. Chester Bryniarski, 3009 W Route 120 McHenry IL 60050. Lobaito stated that the subject property was zoned B 1 with a variance in the County prior to annexation to the City. The current zoning is E Estate District upon annexation. Lobaito provided the Board with the uses which surround the subject property. Lobaito said that the proposed zoning is not compatible with the Comprehensive Plan for the City; however, the development to the immediate east and south of the subj�t property is zoned industrial. The trend of development in this immediate area is industrial. In order for the Peddoners to maintain the zoning uses previously permitted in the county a classification of industrial zoning district is necessary. Otherwise, it would consdtute a taking. � Attomey McArdle addressed the Approval Criteria for reclassification and the Approval Criteria for use variances as stated in the Petition. Page 3 ZBA-Bryniarski 10/2/95 4UESTIONS OF THE W�TNESSES BY MEMBERS OF THE BO�R� � Swierk said that the Industrial District allows for a 3.0 Floor Area Ratio. Will that present a problem for the City. Lobaito said the property is a small parcel and the Petidoners would have to comply with all aspects of the ordinance with regard to parking, off-street loading, landscaping. It would be very difficult to erect a building or to add on to create a 3.0 Floor Area Ratio. Semrow said that he would prefer to grant the industrial zoning classification as opposed to a straight use variance. It was the determination of this Board that use variances would be implemented only in extreme circumstances, such as the fact that a residendal dwelling is not permitted in the industrial district as stated with the text of this Petidon. Lobaito said that the variance which was granted in the county for the subject property was for a machine shop. The variance was open ended. There was no time frame attached to its being granted by the county. TESTIMONY Bryniarski said that he has owned the subject property along with his wife for the past 28 years. He stated that he used to operate a tool and die shop on this site. Up until6 years ago, there was a machine shop on the site. During the past 6 years, there has been an automobile dealership and a telephone and radio installation firm. The telephone and radio installation firm will leave within the next two months. Bryniarski said that the building is set up electrically for a machine shop. He would prefer to have someone in that trade occupy the site. �, Bryniarski said that he has a tool shed on the premises where he houses his lawn equipment. The shed has been there as long as he has owned the property. Bryniarski said that he obtained his variance from the county approximately 28 years ago. There is no expiration date on the variance. Bryniarski said that the single family residence, where he and his wife reside, is located about '7 feet west of the machine shop building. The machine shop is appro�mately 2200 square feet in size. Bryniarski agreed to strike "Billboard'from the list of present and proposed uses for this site as there is no billboard at the present time. 4UESTIONS OF THE WITN _S BY MEMBERS OF THE BOt�RD Lovett said that there has been no machine shop on the premises for the past six years. Other than the machine shop, is there any machinery or equipment being stored on the premises. Bryniarski said the building is wired for a machine shop. It could accommodate up to 35 or 40 ton. A tenant could bring in a grinder, milling machine, etc. There is presendy no machinery being stored on the site. Semrow asked if Mr. Bryniarski would prefer his next tenant to be a machine shop operator. Bryniarski said that he would prefer a machine shop or a tool and die shop on the premises. Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, the Board will consider the Petidon 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 modon with regard to the Petition." Page 4 ZBA-Bryniarski 10/2/95 DEI.IBERATION AND RECOMMENDATION � Motion by Swierk, seconded by Lovett, to recommend to the City Council that The Petitic�ners' request that the subject property be reclassified from E-Estate Zoning District to I1 Industrial Zoning District be granted; that the Petitioners request for a use variance to allow the existing single family residence on the subject premises be granted; and that the Approval Criteria for Zoning Amendment, Table 33, page 401 of the Zoning Ordinance, have been met; and that the Approval Criteria for Use Variances, Table 32A, page 379 of the Zoning Ordinance, have been met. Voting Aye: Lovett, Semrow, Swierk. Voting Nay: No�1e. Not Voting: None. Abstaining: Christensen. Absent: Burr, McClatchey, Tobeck. Motion carried 4-0 as the abstention gces with the majority. This hearing was adjourned at 8:35 p.m. Respectfully submitted E-CGc.f Harry Se 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 Bryniarski, Observers/Objectors (10), Aldermen Reference Copy, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(2) �