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HomeMy WebLinkAboutMinutes - 9/18/1995 - Zoning Board of Appeals ' ' ' � , ZONING BOARD OF APPEALS SEPTEMBER 18, 1995 . C1TY OF MCHENRY IN THE MATTER OF THE APPLICATION ) OF RiCHARD A ADAMS AND R1TA A ) Z-399(12) � ADAMS AND THE CITY OF MCHENRY ) RICHARD & RiTA ADAMS FOR ZONING AND A COND1T10NAL USE ) MCHENRY JEEP EAGLE PERMIT PURSUANT TO THE ZONING ) 3011-17 W RTE 120 ORDINANCE OF THE C1TY OF ) C5, CONDITIONAL USE MCHENRY, MCHENRY COUNTY, ) ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE C1TY COUNCIL, CITY OF MCHENRY, ILL1NOlS A hearing on the above-capdoned pedtion was held on September 18, 1995. Chairman Semrow called the hearing to order at 8:50 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Bun (appointed 8/30/95), 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; and McHenry Jeep Eagle represented by property owners Richard and Rita Adams, 1618 West 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 lllinois 60014. 7. City Council Members: Mayor Cuda, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: l. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Kim Palmiero, N W Herald, 4005 Kane Ave McHenry 1L 60050. 3. Robert Schemmel, 1512 N Riverside Dr McHenry 1L 60050. 4. Isabelle K Kellner, 2604 Fair Oak Lane McHenry 1L 60050. 5. Ronald J Obara, 1401 N River Rd McHenry 1L 60050. 6. Kenneth W Dallmann, 1102 N River Rd McHenry 1L 60050. 7. Wilfred Blake Jr, 1021 N River Rd McHenry IL 60050. 8. Evelyn Bessler, 1103 N River Rd McHenry 1L 60050. � 9. James Stahl, 1101 N River Rd McHenry IL 60050. 10. Jean Markovic, 1204 Charles St McHenry 1L 60050. ' �age 2 � ZBA-McH Jeep/Adams 9/18/95 11. Mike Szamlewski, 1106 N River Rd McHenry 1L 60050. � 12. Daniel Strach, 3021 W Rte 120 McHenry 1L 60050. 13. Bruce Roth, 1018 N River Rd McHenry IL 60050. 14. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 15. Richard A Adams, 1618 Lincoln Rd McHenry IL 60050. 16. Don Welch, P O Box 1113, 2210 Orchard Beach Dr McHenry IL 60050. 17. R.W. Bodinus, 3408 Oakdale Ave McHenry 1L 60050. 18. Anton Rebel, 4009 Maple Ave McHenry 1L 60050. 19. Robert J Lary, 1404 N River Rd McHenry 1L 60050. 20. Jerome & Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. C�FNERAL 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 second 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 restricdve 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, 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 1 �� entided "Zoning Board Hearing Dates" which identified which parcels will be heard on each of the five tentative hearing clates. 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 entided "McHenry County Zoning Use Crroups" rnarked as Petitioners Exhibit 3. NOTIFICATION Notification of this hearing was published in the Northwest Herald on September 1, 1995. The Publisher's Certiricate 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 3011 and 3017 West Route 120 McHenry and is the location of the McHenry Jeep Eagle business. SUMMARY The Pedtioners are requesting that the subject properry be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Permit be granted to allow an open sales lot and an automobile service and repair facility on the premises. \... � l�age'3 � ZBA-McH Jeep/Adams 9/18/95 TESTIMON Y � Chairman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry lllinois 60050. Richard A Adams, 1618 West Lincoln Road McHenry lllinois 60050. Rita A Adams, 1618 West Lincoln Road McHenry Illinois 60050. Lobaito was called as the first witness for the Petitioners. He stated that the zoning for the subject properry prior to annexadon to the City was B1 and R1 pursuant to the McHenry County zoning ordinance. He noted that the Pedtioners are requesting CS with a conditional use permit. the subject property is currendy being used as an automobile sales and repair facility with an open sales lot. Lobaito indicated that most of the building in which the business is contained is located on the property which was zoned B1 in the county. A portion of the building has been erected on the previously zoned R1 property, however. The surrounding uses are primarily commercial. Attorney McArdle addressed the Approval Criteria for re-classification and conditional use as stated within the Petition. QUESTIONS BY MEMBERS OF THE BOARD Swierk said that the trend of development along Route 120 is commercial. What is the trend of development south of 120? Lobaito said it is difficult to determine the depth of the designated commercial strip as shown on the comprehensive plan map. � Christensen asked. if automobile sales could be conducted in the C3 zoning district. Lobaito said they could not. CS zoning is required for this use. CS is also required i.n order than the conditional use permit can be granted for the open sales lot. OUESTIONS BY OBSERVERS/OBJECTORS Wilfjred Blake: What is the buffer or setback requirement between CS zoning and abutting residential uses? Lobaito said it would be 30 feet. Blake asked what the setback would be as far as driveways were concemed? What if the Petitioners wanted to put in a commercial access drive, what would the setback be? Lobaito said there are no restrictions as far as driveways are concerned. Access is permitted in all zoning districts. Kenneth Dallmann: There was no mendon made of the R1 use in the Petition. Lobaito said there is no R1 use. There is, however, a commercial use on the R1 zoned property. Dallmann asked what is the comprehensive plan and how is it created; who dictates how it is developed? do landowners with planned uses in mind dictate the comprehensive plan for the City? Lobaito explained that it is a complex and time-consuming process to develop the comprehensive plan. It is developed by professional planners with input from the public and city officials and staff. Numerous public hearings are held throughout the process. James Stahl: There has been a lack of inention of the portion of the subject property which runs along River Road. W ould the Pedtioners please address this property? Lobaito said the Adams properiy extends from Route 120 through to River Road. The portion which abuts River Road was previously ,� zoned Rl in the county. ' �age'4 � ZBA-McH Jeep/Adams 9/18/95 Mike Szamlewski• The legal description published in the newspaper was incorrect. That legal notice � described my property. Lobaito said that issue had been brought to his attention approximately two weeks ago. He researched the legal description and the description provided in the public notice was correct for this property. The notice dces not describe the Szamlewski property; it excludes it from the description. TESTIMON Y Richard Adams said he has owned this property for approximately 20 years. the current use is an automobile dealership and it has been at this location for 9-10 years. Adams said that the county zoning prior to annexation was B 1 for the north portion (north of the imagined easterly extension of South Street) and Rl for the south portion. Adams stated that he had sold the houses (two of them) with the land they are situated on approximately 10 years ago. Adams said that initially the building wluch houses the McHenry Jeep dealership was about 70 X 140 feet in size. This was at the time when the two residences were sold. About 6-7 years ago, he put on a 60 X 100 foot addition which is used by the mechanics for service and repairs. This property has consistendy been used as an automobile dealership for the past 10 years. Adams said that all cunent uses will remain the same following reclassification. He has no intention of expanding the building or the uses contained therein. QI,�ESTIONS BY MEMBERS OF THE BOARD Christensen asked if the Petitioner went through regular county procedures in order to put on the addition to the building which was constructed partially in the residential district. Adams said he did. He secured a conditional use from the county. � Swierk said the conditional use is only for the existing addition to the building, is that correct? Adams said that is correct. Discussion ensued regarding the previous zoning classification in the county and whether the southern-most portion of the subject property should be classified CS or some other residential zoning classification. McArdle said the purpose of these hearings is to determine the best possible zoning district classification for each parcel. In this instance, CS would appear to be the best classification in light of existing permitted uses. lf the residential zoning classification were to remain, the portion of the building located in this district and its inherent uses would create a non-conformity. It is the desire of the city Council to bring these newly annexed parcels into the City with the least amount of preexisting non-conformities as possible. CS zoning classificadon would appear to be the best possibility in this instance. Oi�FST10NS BY OBSERVERS/OBJECTORS Kenneth Dallmann: If the Petitioner is not intending to change anything, why no leave it Rl zoning? Adams said he has nos intention of putting any more additions onto the building. There is no more land available on this site. Because of the current use on this property, there is a need for the open sales lot. This would prohibit the expansion of the building. James Stahl: What are the exact plans for the parcel in the back along River Road? Adams said that he las enough building on this land. There are no plans to add any additional buildings or additions to the existing building. Swierk asked if the Petitioner would be able to install an access drive from River Road to the building. � McArdle said that is an issue which should rightfiully be researched and resolved by the Ciry Attomey and that is not the question before this Board at this hearing. ' � �age 5 � ZBA-McH Jeep/Adams 9/18/95 Adams said he would assure his neighbors that there would be no access drive through to River Road � unless the adjacent properties along River Road were reclassified to commercial. Kenneth Dallmann• If the county tumed the Petitioner down years ago for his requested business access drive at this location, why is this Board willing to give him commercial zoning now? Semrow said the Petitioner is not seeking an access drive to River Road as was the case when this matter came before the county. Dallmann asked why CS zoning should be granted. Semrow said that in order for the Petitioner to conduct the existing uses on this property, CS zaning must be granted. C;hristine Stahl: There is a big difference between Rl zoning and CS zoning. CS zoning along Route 120 makes sense. but so does R1 zoning along River Road rather than the CS zoning being proposed. Semrow said that uniform zoning on the property is the optimum. Because the uses cunently taking place on a11 of the subject property require that CS zoning be granted, it would appear that the request for CS zoning is reasonable. Bruce Roth: Does this Board know where all the divisions in this parcel are located. Can you tell which parcel is being used for what purpose? Shouldn't this Board know and be familiar with the property that is being zoned at these hearings? James Stahl: Is a lot the same as a parcel? Semrow said that is conect. Kenneth Dallmann• Can you explain the difference between Rl and E? Lobaito said the difference is in the lot size. � MOTION TO RECESS Motion by Swierk, seconded by Christensen, to recess this hearing until a Plat of Survey is provided to the Board which shows all improvements, including structures, to the subject property. Voting Aye: Christensen, Swierk. Voting Nay: McClatchey, Semrow. Not Voting: None. Abstaining: Tobeck. Absent: Bun, Lovett. Motion failed to carry 2-2. QUESTIONS BY OBSERVERS/OBJECTORS Kenneth Dallmann: The amount of water draining in the ditch which runs through the middle of the lot, what would the Petitioners do with the water that will drain there? Lobaito said the city can not address a problem of the future. The Petitioners would be doing nothing to increase the surface water run-off. Mike Szamlewski: What will happen with all of the residential lots to the west of the Adams property which will now be surrounded on three sides by commercial development? will the city force them to go commercial? Lobaito said that there are no plans to make the residents whose property abuts this � property reclassify their properiy to commercial zoning. Discussion followed about the existing fence located on the subject property approximately 40-45 feet � �age'6 • ZBA-McH Jeep/Adams 9/18/95 from the south property line and about 60 feet from the McHenry Jeep Eagle building. Lobaito said � that from a practical standpoint, the Petitioners really can not add any more building to the site in view of the required setback. The current fence line location would be the approximate line of where any building additions could possibly be added. That is a boundary that would remain. Semrow said that the testimony before the Board is that the Petitioner plans no expansion of the existing building. �i�OSING STATEMENT BY PET1TlONERS McArdle said the Petitioner are willing to abide by restrictions or condidons placed upon the conditional use it is granted such that: 1) The Petitioners shall not be permitted to add an access drive from River Road to the building, as long as the property adjacent to the subject property along River Road remains residential in use; 2) Further, that the Petidoners shall be restricted from erecting any additional fencing on this site, as long as the properiy adjacent ta the subject property along River Road remains residential in use. STATEMENTS BY OBJECTORS Chairman Semrow swore in the following objectors prior to their statement being made: Kenneth Dallmann: Dallmann stated that he has reservations about the requested zoning being granted. Rich Adams was a good neighbor when he had his business at this location. His tenant forgets sometimes that he has residential neighbors. There's a story behind this little lot which is zoned R1. lt keeps taking shape and getting larger. lt keeps growing a piece here and a piece there. This ,�. commercial property is stretching too far toward River Road. 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 at this time, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by McClatchey, seconded by Tobeck to recommend to the City Council that the Pedtioners request to reclassify the subject property 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: Open sales lot; automobile retail sales; automobile service and repair facility, be granted; but that the reclassification and condidonal use permit be granted subject to the following restrictions or conditions being placed upon the subject property: 1) The Petitioners shall not be permitted to add an access drive from River Road to the building, as long as the property adjacent to the subject property along River Road remains residential in use; 2) Further, that the Petitioners shall be restricted from erecting any additional fencing on this site, as long as the property adjacent to � the subject property along River Road remains residential in use; � �'age 7 • ZBA-McH Jeep/Adams 9/18/:95 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: McClatchey, Semrow. Voting Nay: Christensen, Swierk, Tobeck. Not Voting: None. Abstaining: None. Absent: Burr, Lovett. Motion failed to carry 2-3. There will be no recommendation to the City Council with regard to this matter. Respectfully sub ' ed Harry Se ow, 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 Attorney, Engineering Inspector, Petitioner Adams, Observers/Objectors (20), Aldermen Reference Copy, Building & Zoning � Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(12) '�.. ' � ` V ZONING BOARD OF APPEALS . SEPTEMBER 18, 1995 � CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF ELS1E WEGENER AND THE CITY OF ) Z-399(44) MCHENRY FOR ZONING PURSUANT ) WEGENER TO THE ZONING ORDINANCE OF THE ) 1204 N RIVER RD C1TY OF MCHENRY, MCHENRY ) RS4 COUNTY, 1LL1NOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, 1LLINOIS A hearing on the above-captioned pedtion was held on September 18, 1995. Chairman Semrow called the hearing to order at 11:22 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr (appointed 8/30/95), 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; Properiy owner was not present for this hearing. 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: Mayor Cuda, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry 1L 60050. 2. Kim Palmiero, N W Herald, 4005 Kane Ave McHenry 1L 60050. 3. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 4. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 5. Ronald J Obara, 1401 N River Rd McHenry 1L 60050. 6. Kenneth W Dallmann, 1102 N River Rd McHenry 1L 60050. 7. Wilfred Blake Jr, 1021 N River Rd McHenry IL 60050. 8. Evelyn Bessler, 1103 N River Rd McHenry 1L 60050. 9. James Stahl, 1101 N River Rd McHenry IL 60050. 10. Jean Markovic, 1204 Charles St McHenry IL 60050. � . . "Page 2 , . ��BA-Strach 9/18/95 11. Mike Szamlewski, 1106 N River Rd McHenry IL 60050. � 12. Daniel Strach, 3021 W Rte 120 McHenry IL 60050. 13. Bruce Roth, 1018 N River Rd McHenry 1L 60050. 14. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 15. Richard A Adams, 1618 Lincoln Rd McHenry IL 60050. 16. Don Welch, P O Box 1113, 2210 Orchard Beach Dr McHenry IL 60050. 17. R.W. Bodinus, 3408 Oakdale Ave McHenry IL 60050. 18. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 19. Robert J Lary, 1404 N River Rd McHenry IL 60050. 20. Jerome & Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. CENERAL OVERVIEW OF PROCEEDINGS Attomey McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-exisdng non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the second 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 annexation. In all cases where this is being requested, the City has signed the Pedtion and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co- 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 F.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 Aanexation" 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 entitled "McHenry County Zoning Use Grroups" 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 Publicadon is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notification requirements have been followed is on file in the office of the City Clerk. LOCATION The subject property is located at 1204 N River Road McHenry, and is being used as a single family residence. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to RS4 High Density Single Family Residential District. � ' � �Page 3 , . �BA-Wegener 9/18/9� TESTIMONY � Chairman Semrow swore in the following witness for the Petitioners: John A. Lobaito, 333 S Green St McHenry lllinois 60050. Lobaito was called as the first witness for the Petitioners. He stated that the zoning for the subject property prior to annexation to the City was R1 pursuant to the McHenry County zoning ordinance. He noted that the Petitioners are requesting RS4 so that the subject property is in conformance with the City zoning district map. The size of the lot warrants it being classified RS4 as opposed to the existing E Estate which requires that it be a minimum of one acre in size. It is approacimately 6,000 square feet in area. Lobaito noted that the Petitioner requested that the zoning for the subject property remain residential. Christensen said that he thought this may be spot zoning and would prefer to see this property zoned commercial. Attorney McArdle addressed the Approval Criteria for re-classification as stated within the Petition. Chairman Semrow said, "there being no further testimony before this Board with regard to the Petition, the Board will consider the Petition at this time unless there is a motion to recess by a member of the Board. 'Tt�ere being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Modon by Tobeck, seconded by Swierk to recommend to the City Council that � the Petitioners request that the subject property be reclassified from E Estate District to RS4 High Density Single Family Residential District be granted; and that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the Zoning Ordinance, have been met. Voting Aye: McClatchey, Semrow, Swierk, Tobeck. Voting Nay: Christensen. Not Voting: None. Abstaining: None. Absent: Bun, Lovett. Motion carried 4-1. This hearing was adjourned at 11:30 p.m. Respectfully submitted C Harry Se ow, Chairman Zoning B ard of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building �k. Zoning, Public Works, Administration, City Attorney, Engineering Inspector, Petitioner Wegener, Observers/Objectors (20), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City � Clerk File. Z-399(44) ZONING BOARD OF APPEALS SEPTEMBER 18, 1995 � CITX OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF PERRY MOY AND ANTHONY ) Z-399(33) PARISI AND THE C1TY OF MCHENRY ) MOY-PAR1S1 FOR ZONING AND A COND1TlUNAL USE ) DON'S DAIRY FROST PERMYT, PURSUANT TO THE ZONING ) 3102 W RTE 120 ORDINANCE OF THE C1TY OF ) C5, COND1TlONAL USE MCHENRY, MCHENRY COUNTY, ) 1LLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE C1TY COUNCIL, CITY OF MCHENRY, 1LL1NOIS A hearing on the above-captioned petition was held on September 18, 1995. Chairman Semrow called the hearing to order at 10:16 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr (appointed 8/30/95), Chuck Lovett. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Petidoner: City of McHenry represented by Director of Building & Zoning Lobaita; Property owners not present. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake lllinois 60014. 7. City Council Members: Mayor Cuda, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry 1L 60050. 2. Kim Palmiero, N W Herald, 4005 Kane Ave McHenry 1L 60050. 3. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 4. Isabelle K Kellner, 2604 Fair Oak Lane McHenry 1L 60050. 5. Ronald J Obara, 1401 N River Rd McHenry 1L 6U050. 6. Kenneth W Dallmann, 1102 N River Rd McHenry IL 60050. 7. Wilfred Blake Jr, 1021 N River Rd McHenry IL 60050. 8. Evelyn Bessler, 1103 N River Rd McHenry IL 60050. 9. James Stahl, 1101 N River Rd McHenry 1L 60050. � 10. Jean Markovic, 1204 Charles St McHenry IL 60050. Page 2 ZBA-Moy/Parisi 9/18/95 11. Mike Szamlewski, 1106 N River Rd McHenry IL 60050. � 12. Daniel Strach, 3021 W Rte 120 McHenry IL 60050. 13. Bruce Roth, 1018 N River Rd McHenry IL 60050. 14. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 15. Richard A Adams, 1618 Lincoln Rd McHenry IL 60050. 16. Don Welch, P O Box 1113, 2210 Orchard Beach Dr McHenry 1L 60050. 17. R.W. Bodinus, 3408 Oakdale Ave McHenry IL 60050. 18. Anton Rebel, 4009 Maple Ave McHenry 1L 60050. 19. Robert J Lary, 1404 N River Rd McHenry 1L 60050. 20. Jerome & Ethel Buch, 4506 W Front Royal Drive McHenry IL 60050. GENERAL OVERVIEW OF PROCEEDINGS Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the second 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 restricdve 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. ln 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 Farhibit 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 entitled "McHenry County Zoning Use Crroups" marked as Petitioners Ezhibit 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 noti�ication requirements have been followed is on file in the office of the City Clerk. LOCATION The subject property is located at 3102 West Route 120 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 seating and service. � r f Page 3 ZBA-Moy/Parisi 9/18/95 � The Petitioner was not present to respond to questions of the board with regard to the Petition. L MOTION TO RECESS Motion by McClatchey, seconded by Christensen, to recess this hearing until October 2, 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 on the subject premises. Voting Aye: Christensen, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, Lovett. Motion carried S-0. This hearing was recessed at 10:18 p.m. Respectfully submitt �—t �'�G�v�C?�-cJ Harry Se w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administr�tor, Director of Building 8i Zoning, Public Works, Administration, City Attomey, Engineering Inspector, Petitioner Moy, Observers/Objectors (20), Aldermen Reference Copy, Building & Zoning � Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(33) � � , ZONING BOARD OF APPEALS • SEPTEMBER 18, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF WATERTOWER MARiNA INC, C/O ) Z-399(29) ROLAND AND PAMELA BODINUS AND ) WATERTOWER MARINA THE C1TY OF MCHENRY FOR ZONING, ) BODINUS COND1TtONAL USE AND USE VARIANCE ) 3112 W LINCOLN RD PURSUANT TO THE ZONING ) C5, COND1TlONAL USE ORDINANCE OF THE C1TY OF ) AND USE VARiANCE MCHENRY, MCHENRY COUNTY, ) 1LLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE C1TY COUNCIL, C1TY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on August 21, 1995 and recessed to this date. Chairman Semrow called the hearing to order at 7:25 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr (appointed 8/30/95), 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; and Watertower Marina represented by Roland and Pamela Bodinus, 3122 W. Lincoln Rd McHenry 1L 60050. 6. Attomey for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake lllinois 60014. 7. City Council Members: Mayor Cuda, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry 1L 60050. 2. Kim Palmiero, N W Herald, 4005 Kane Ave McHenry 1L 60050. 3. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 4. Isabelle K Kellner, 2604 Fair Oak I.ane McHenry 1L 60050. 5. Ronald J Obara, 1401 N River Rd McHenry IL 60050. 6. Kenneth W Dallmann, 1102 N River Rd McHenry 1L 60050. 7. Wilfred Blake Jr, 1021 N River Rd McHenry IL 60050. � 8. Evelyn Bessler, 1103 N River Rd McHenry 1L 60050. 9. James Stahl, 1101 N River Rd McHenry IL 60050. 10. lean Markovic, 1204 Charles St McHenry 1L 60050. ,Page 2 . ZBA-Bodinus � 9/18/95 11. Mike Szamlewski, 1106 N River Rd McHenry 1L 60050. � 12. Daniel Strach, 3021 W Rte 120 McHenry IL 60050. 13. Bruce Roth, 1018 N River Rd McHenry IL 60050. 14. Chester Bryniarski, 3009 W Rte 120 McHenry 1L 60050. 15. Richard A Adams, 1618 Lincoln Rd McHenry 1L 60050. 16. Don Welch, P O Box 1113, 2210 Orchard Beach Dr McHenry IL 60050. 17. R.W. Bodinus, 3408 Oakdale Ave McHenry 1L 60050. 18. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 19. Robert J Lary, 1404 N River Rd McHenry IL 60050. 20. Jerome & Ethel Buch, 4506 W Front Royal Drive McHenry 1L 60050. GENERAL OVERVIEW OF PROCEEDINGS Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the second 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 pedtioners are seeking more intense zoning than they were assigned in the County. ln 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 idendfied which parcels will be heard on each of the five tentative hearing dates. Also entered into the record on august 21, 1995 was Petitioners Exhibit 2 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 l, 1995. The Publisher's Certificate of Publicadon is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. An Affidavit of Service ascertaining that all notification requirements have been followed is on file in the office of the City Clerk. LOCATION The subject property is located in the northwest corner of the Plat of annexation of the recently annexed property located East of the Fox River. The common address is 3112 West Lincoln Road. SUMMARY The Petitioners are requesting that the subject properry be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Permit be granted to allow outside storage, motor/recreational vehicle service station for selling fuel and oil, marine vehicle service and repair, marina, slip rental and a pump out station; that a Use Variance be granted to allow a house on the subject property to be use as a single family dwelling with a sales office. � Page 3 ZBA-Bodinus � 9/18/9� TESTIMON Y � Chairman Semrow swore in the following witnesses for the Petidoners: John A. Lobaito, 333 S Green St McHenry 1L 60050. Roland Bodinus, :�408 Oakda.le Avenue McHenry IL 60050. Pamela Bodinus, 3408 Oakdale Avenue McHenry IL 60050. Lobaito was called as the first witness for the Petitioners. He stated that the zoning for the subject properiy prior to annexadon to the City was B3 and I1 pursuant to the McHenry County zoning ordinance. He noted that the Petitioners are requesting CS with a conditional use and a use variance. The surrounding uses are primarily commercial. Attorney McArdle addressed the Approval Criteria for re-classificadon, condidonal use permit and use variance as stated within the Petition. �UESTIONS BY MEMBERS OF THE BOARD Christensen asked if a variance would be required because there is more than one building on a zoning lot. Lobaito said that no bulk and area variances are being requested or granted with regard to any of the parcels east of the river. All of these properties would fall under the purview of the non- conformities chapter of the zoning ordinance. lf the Petitioners wished to add onto their building, they would not be able to do so, inasmuch as it would increase the non-conformity and this is prohibited by ordinance. � �UESTIONS BY OB ERVERS/OB]E TOR Ronald Obara: How much open space would there be from his property line? Lobaito said the ordinance requires that a 30 foot setback be maintained when commercial property abuts a residential use. TESTIMON Y Roland Bodinus testified on behalf of the Peddoners. He stated that he is the co-owner of the subject property. He stated that the types of use on the property are marina, repair and service of boats, boat sales, boat slip, a ship store and the storage of boats. There are currendy three buildings on the subject property and the uses contained in each are as follows: 1) Shed - storage 2) Residence - single family dwelling which includes a sales office 3) Ship store and service facility - retail sales, service and repair of boats. Bodinus said that the marina was in operation for 25 years prior to the purchase by the Petidoners about four years ago. The marina is being operated in the same manner now as it was while under the ownership of the previous owner. T'here have been no complaints or problems recorded with the county or the state. Bodinus stated that he is not aware of any objections or complaints being raised by any of hie neighbors with regard to the marina operation. Discussion ensued regarding the operation of the sales office in the residential dwelling. It was the consensus of those present that the office operation was merely incidental to the dwelling. The sales � office is merely a desk used for the convenience of the tenant of the residence. No actual sales calls or follow-up are conducted at this location. At the request of the Board, the Petitioners agreed to strike the words "including a sales office" from the petition as regards the use variance request. The Peddon .Page 4 • ZBA-Bodinus 9/18/95 was amended to reflect the fact that the use variance is being requested for the use of the single family � residence on commercially zoned property only. QUESTIONS BY MEMBERS OF THE BOARD Swierk asked where the pump out stations are drained to. Bodinus said they drain to 250 gallon tanks which are pumped out by a licensed waste hauler. Swierk asked why the port-o-potties are located on the premises. Bodinus stated they are for the convenience of boaters. �UESTIONS BY OBSERVERS/OBJECTORS Robert Schemmel: The Petition is requesting that a sales office be permitted in the residence located on this property. Bodinus stated that he wished to remove the request for the use variance for the sales office. Discussion ensued regarding the proposed CS zoning district and the possibility of reclassifying a portion of the property to residential (that portion which is being used as residential). McArdle stated that the CS zoning probably is not perfect for this property, but is the best the City can do at his point in time with regard to the existing uses on this property. It is best to bring this property into the City in one zoning district rather than try to split the zoning on the parcel. Further discussion ensued regarding assigning CS zoning to property which abuts an existing residential use. Ronald Obara: The residence contained on this property is approximately 45 feet from the north property line. Could the Petitioners build up to the 30 foot setback line in this area? Semrow said they could not because the building is a structural non-conformity and as such would be subject to the � requirements of the non-conformities chapter of the ordinance. They would not be able to increase the existing non-conformities on the property. Robert Schemmela There is a 200 foot minimum lot width requirement for a commercial lot in McHenry. How can this properry be zoned commercial when there is not 200 feet of frontage. Lobaito said that applies only on lots which abut arterial streets. CLOSING STATEMENT BY PET1T10NERS McArdle said that Mr. Bodinus has stated that the prior owners of the marina operated this facility for approximately 25 years. 'The Objector Mr. Obara has stated that he has lived adjacent to the marina for more than 20 years. There have been no problems or complaints. The Petitioners are not increasing the intensity of the use. The City is requesting that zoning be granted which is compadble with the existing uses on the property and that the conditional use permit and use variance be granted to allow all existing uses to be allowed to continue. Bodinus said that he wished to continue the operation of the marina as the previous owner did. He said that he would not open any sales office in the residence. There has been a residence at this location for years. For about eight years there was an accountant who conducted his business in that residence. There would be no changes anticipated with regard to this property. STATEMENTS BY OBIECTORS Chairman Semrow swore in the following objectors prior to their statements being made: � Ronald Obara: Obara stated that he does not object to the marina as it has existed. The zoning for the property in question was changed fourteen years ago. The County required a 100 foot setback or open . ,Page 5 . ZBA-Bodinus 9/18/95 space. The residential dwelling was an existing non-conformity as far as the county was concerned. � The city only requires a 30 or 35 foot setback. The Petitioners could not build this close to my property before. Obara stated that he has nothing against the Bodinus; he would just like his privacy. Robert Schemmel_ Schemmel stated that a11 of the people who are present at this hearing are here for no reason. All of these Petidoners will get what they want. The City Council has directed that all of the properties east of the river be given the zoning they are requesting. Chairman Semrow said, "there being no fiuther 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. Motion by Swierk to recess the hearing until the 100 foot open space setback requirement of the county can be clarified. There being no second, the motion failed for lack of a second. Motion by Swierk, seconded by Christensen to take a 5 minute recess at 8:30 p.m. The hearing reconvened at 8:40 p.m. with all still in attendance. Attorney McArdle said that on behalf of the Petidoners, they would be willing for the Board to impose conditions or restrictions on the conditional use and use variance being granted for the subject property such that the existing open space, between the north wall of the existing residendal dwelling and the south properiy line of the Obara property from a point at the bank of the Fox River east to its intersection with the southeast comer of the Obara property, be kept open and clear of all permanent � parking, structures, or any other improvements. Chairman Semrow asked Obara if he would be satisfied with that restriction being imposed upon the Petitioners. Obara said he would prefer to have the 100 foot open space as required by county. DELIBERATION AND RECOMMENDATION Motion by Swierk, seconded by Tobeck to recommend to the City Council that the Petidoners request to have the subject property reclassified from E Estate Zoning District to CS Zoning District with a Conditional Use Permit to allow the following uses: Outside storage, Motor/recreational vehicle service station for selling fuel and oil, Marine vehicle service and repair, Marina, slip rental, Pump out station be granted; and that a Use Variance to permit the house on the premises to be used as a single family dwelling be granted; but that the reclassificadon, conditional use permit and use variance be granted with the following restrictions or conditions: 1. That the existing open space, between the north wall of the elcisting residential dwelling and the south property line of the Obara property from a point at the bank of the Fox River east to its intersection with the southeast corner of the Obara property, be kept open and clear of all permanent parking, structures, or any other improvements; � 2. Remove the phrase "including a sales office" as a part of the Use Variance request; , , Page 6 , ZBA-Bodinus � 9/18/95� and that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the Zoning � Ordinance have bee met; that the Approval Criteria for Condidonal Uses, Table 31, pages 357- 358 of the Zoning Ordinance have been met; and that the Approval Criteria for Use Variances, Table 32A, page 377-378 of the Zoning Ordinance have been met. Voting Aye: Christensen, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent; Burr, Lovett. Motion carried 5-0. This hearing was adjourned at 8:49 p.m. espectfully submi ed �� � Harry Se w, Chairman Zoning Bo d of Appeals c: Agenda, Zoning Boa.rd of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attorney, Engineering Inspector, Peddoner Bodinus, Observers/Objectors (20), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City � Clerk File. Z-399(29) L , � ZONING BOARD OF APPEALS , SEPTEMBER 18, 1995 � � C1TY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF SHIRLEY STRACH, DANIEL STRACH ) Z-399(24) d/b/a COMMUNITY AUTO PARTS & j STRACH SALES, AND THE CITY OF MCHENRY ) COMMUNITY AUTO PARTS FOR ZONING, A CONDITIONAL USE ) 3021 W RTE 120 PERMIT AND A USE VARIANCE, ) C5, CONDITIONAL USE PURSUANT TO THE ZONING ) and USE VARIANCE ORDINANCE OF THE CITY OF ) MCHENRY, MCHENRY COUNTY, ) 1LLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE C1TY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned pedtion was held on September 18, 1995. Chairman Semrow called the hearing to order at 10:28 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr (appointed 8/30/95), 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; and Community�Auto Parts&Sa1es represented by business owner Daniel Strach, 3021 W Route 120 McHenry lllinois 60050. 6. Attorney for the Peddoner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: Mayor Cuda, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Kim Palmiero, N W Herald, 4005 Kane Ave McHenry 1L 6O050. 3. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 4. Isabelle K Kellner, 2604 Fair Oak Lane McHenry 1L 60050. 5. Ronald J Obara, 1401 N River Rd McHenry 1L 60050. 6. Kenneth W Dallmann, 1102 N River Rd McHenry 1L 60050. 7. Wilfred Blake Jr, 1021 N River Rd McHenry IL 60050. � 8. Evelyn Bessler, 1103 N River Rd McHenry IL 60050. 9. James Stahl, 1101 N River Rd McHenry 1L 60050. 10. Jean Markovic, 1204 Charles St McHenry IL 60050. " �Page 2 Z�A-Strach " 9/18/95 11. Mike Szamlewski, 1106 N River Rd McHenry IL 60050. � 12. Daniel Strach, 3021 W Rte 120 McHenry IL 60050. 13. Bruce Roth, 1018 N River Rd McHenry 1L 60050. 14. Chester Bryniarski, 3009 W Rte 120 McHenry 1L 60050. 15. Richard A Adams, 1618 Lincoln Rd McHenry IL 60050. 16. Don Welch, P O Box 1113, 2210 Orchard Beach Dr McHenry 1L 60050. 17. R.W. Bodinus, 3408 Oakdale Ave McHenry IL 60050. 18. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 19. Robert J Lary, 1404 N River Rd McHenry 1L 60050. 20. Jerome & Ethel Buch, 4506 W Front Roya1 Drive McHenry 1L 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-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. This is the second 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. ln 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. ln 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 E�rhibit 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. NOTiF1CATION 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 3021 West Route 120 McHenry and is the location of the Community Auto Parts & Sales business. SUMMARY The Petidaners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Permit be granted to allow motor vehicle repair and service, out�side 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. � �Page 3 Z�A-Strach ' 9/18/9� TESTIMON Y � Chairman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry Illinois 60050. Daniel Strach, 3021 W route 120 McHenry lllinois 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 B1 pursuant to the McHenry County zoning ordinance. He noted that the Petitioners are requesting CS with a conditional use permit to allow motor vehicle repair and service, outside storage, and commercial vehicle storage of semi-trailers. They are requesting a use variance to allow the existing apartment to be maintained in the commercial building. The surrounding uses are primarily commercial. Attorney 1VIcArdle addressed the Approval Criteria for re-classification, conditional use,and use variance as stated within the Petition. Daniel Strach said that he leases the property from his mother. He owns the business contained on the property. He resides in the apartment contained in the building on the second floor. Strach said the outside storage is for semi-trailers. He stated that he uses the trailers for the storage of auto parts. He has never been cited by the county for any land use violations. He stores appro�mately 20-50 vehicles outside on the subject property. Approximately 20-30 cars are stored while awaiting repair or maintenance. The rest of the cars are stored outside are for sale in a used car lot. Strach said that if the storage of the semi-trailers was not permitted, he would have to find somewhere else to store his � auto parts. There is no space available in the building. Strach said there is a buffer between his business and the residential property to the south in the nature of shrubs and a semi-trailer. QUESTIONS BY MEMBERS OF THE BOARD Christensen asked about the house to the west of his commercial building. Who does that belong to? Strach said it is on his property and it is a rental house. Christensen asked how many trailers are used for storage purposes. Strach said there are four trailers. Discussion ensued regarding the possibility that the legal description or the property identification numbers might not be complete as regards this Petition. In addition, the Petitioner did not request a conditional use permit to allow an open sales lot for purposes of sales of automobiles. Nor did he request a use variance to permit the use of two single family residences on the subject property. MOTION TO RECESS Motion by McClatchey, seconded by Christensen, to recess this hearing until October 2, 1995 at 7 p.m. for purposes of determining if all legal descriptions are complete as regards the subject property and to allow for an amendment to the Petition in light of the omitted existing uses on this property. � ' �Page 4 ZBA-Strach '� � 9118/95 Vodng Aye: Christensen, McClatchey, Semrow, Swierk, Tobeck. �, Voting Nay: None. Not Vodng: None. Abstaining: None. Absent: Burr, Lovett. Motion carried 5-0. This hearing was recessed at 10:50 p.m. Respectfully sub 'tted _ � Harry Se ow, Chairman Zoning ard of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attorney, Engineering lnspector, Pedtioner Strach, Observers/Objectors (20), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-399(24) � � �� �' ZONING BOARD OF APPEALS = SEPTEMBER 18, 1995 ' CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF DON WELC.H AND THE CITY OF ) Z-399(21) MCHENRY FOR ZONING AND A USE ) WELCH VARIANCE, PURSUANT TO THE ) DON'S DRAPERY ZONING ORDINANCE OF THE CITY ) 3016 W RTE 120 OF MCHENRY, MCHENRY COUNTY, ) C5, USE VARIANCE 1LLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE C1TY COUNCIL, C1TY OF MCHENRY, 1LLINOIS A hearing on the above-capdoned petition was held on September 18, 1995. Chairman Semrow called the hearing to order at 10:57 p.m. 1'he following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Bun (appointed 8/30/95), 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; and Don Welch, 2210 Orchard Beach Road, McHenry Illinois 60050. 6. Attomey 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: Mayor Cuda, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry 1L 60050. 2. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 3. Robert Schemmel, 1512 N Riverside Dr McHenry 1L 60050. 4. lsabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 5. Ronald J Obara, 1401 N River Rd McHenry IL 60050. 6. Kenneth W Dallmann, 1102 N River Rd McHenry IL 60050. 7. Wilfred Blake Jr, 1021 N River Rd McHenry IL 60050. 8. Evelyn Bessler, 1103 N River Rd McHenry IL 60050. 9. James Stahl, 1101 N River Rd McHenry 1L 60050. 10. Jean Markovic, 1204 Charles St McHenry IL 60050. � ` �Page 2 :ZBA-Welch � 9/18/95 � 11. Mike Szamlewski, 1106 N River Rd McHenry IL 60050. � 12. Daniel Strach, 3021 W Rte 120 McHenry 1L 60050. 13. Bruce Roth, 1018 N River Rd McHenry IL 60050. 14. Chester Bryniarski, 3009 W Rte 120 McHenry 1L 60050. 15. Richard A Adams, 1618 Lincoln Rd McHenry IL 60050. 16. Don Welch, P O Box 1113, 2210 Orchard Beach Dr McHenry 1L 60050. 17. R.W. Bodinus, 3408 Oakdale Ave McHenry 1L 60050. 18. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 19. Robert J Lary, 1404 N River Rd McHenry IL 60050. 20. Jerome & Ethel Buch, 4506 W Front Roya1 Drive McHenry 1L 60050. GENERAL OVERVIEW OF PROCEEDIN 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 second 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 classificadon 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 capetitioner. 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 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 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. LOCATION The subject property is located at 3016 West Route 120 McHenry and is the locadon of Don's Drapery business. �UMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a use variance be granted to permit a residential dwelling on the premises. TESTIMON Y �. Chairman Semrow swore in the following witnesses for the Petitioners: ]ohn A. Lobaito, 333 S Green St McHenry lllinois 60050. Don Welch, 2210 Orchard Beach Road McHenry Illinois 60050. � � ''Page 3 ,ZBA-Welch � 9/18/95 � Lobaito was called as the first witness for the Petitioners. He stated that the zoning for the subject `, property prior to annexation to the City was B1 pursuant to the McHenry County zoning ordinance. He noted that the Petitioners are requesting CS with a use variance to allow the existing residential dwelling to be maintained on the premises. The surrounding uses are primarily commercial. Attorney McArdle addressed the Approval Criteria for re-classificadon and use variance as stated within the Petition. Welch stated that there are cunently two buildings on the premises. there is a bam which contains a workshop in it. There is also a house which contains a sales office in it. Welch said it is impossible to access the apartment portion of the house from the sales office. There are two separate entrances. The uses are completely separate. Chairman Semrow said, "there being no further testimony before this Board with regard to the Pedtion, the Board will consider the Petition at this time unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petidon." DELIBERATION AND RECOMMENDATION Motion by Christensen, seconded by Tobeck to recommend to the City Council that the Petitioners request that the subject property be reclassified from E Estate District to CS Highway Commercial District be granted; that the Petitioners request that a use variance to allow the existing residendal dwelling to be maintained on the premises be granted; that the Approval � Criteria for Zoning Amendments, Table 33, page 401 of the Zoning Ordinance, have been met; and that the Approval Criteria for Use Variances, Table 32A, page 379 of the Zoning Ordinance, have been met. Voting Aye: Christensen, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. Not Vodng: None. Abstaining: None. Absent: Burr, Lovett. Motion carried 5-0. This hearing was adjoumed at 11:08 p.m. Respectfully sub ' ed Q�.eJ 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 lnspector, Petitioner Welch, Observers/Objectors (20), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star �Iews, City Clerk File. '�. Z-399(21) ZONING BOARD OF APPEALS � , ` SEPTEMBER 18, 1995 C1TY OF MCHENRY 1N THE MATTER OF THE APPLICATION ) � OF ALLEN F SGHULTZ AND ROSS ) Z-399(8) SCHULTZ FOR ZONING, PURSUANT TO ) SCHULTZ THE ZONING ORDINANCE OF THE ) SUNRISE GROCERY CITY OF MCHENRY, MCHENRY ) 3020 W RTE 120 COUNTY, ILLINOIS. ) CS REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, C1TY OF MCHENRY, 1LLINOIS A hearing on the above-capdoned petition was held on September 18, 1995. Chairman Semrow called the hearing to order at 11:10 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr (appointed 8/30/95), Chuck Lovett. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petidoner: Sunrise Grocery represented by Allen F. Schultz, 5629 Sylvan Wonder Lake lllinois 60097. 6. Attorney for the Petitioner: None. 7. City Council Members: Mayor Cuda, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: l. Virginia Brzenk, 823 N River Rd McHenry 1L 60050. 2. Kim Palmiero, N W Herald, 4005 Kane Ave McHenry IL 60050. 3. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 4. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 5. Ronald J Obara, 1401 N River Rd McHenry 1L 60050. 6. Kenneth W Dallmann, 1102 N River Rd McHenry IL 60050. 7. Wilfred Blake Jr, 1021 N River Rd McHenry IL 60050. 8. Evelyn Bessler, 1103 N River Rd McHenry 1L 60050. 9. James Stahl, 1101 N River Rd McHenry IL 60050. 10. Jean Markovic, 1204 Charles St McHenry IL 60050. � Page 2 ' , ZBA-Schultz 9/18/95 . 11. Mike Szamlewski, 1106 N River Rd McHenry 1L 60050. 12. Daniel Strach, 3021 W Rte 120 McHenry 1L 60050. `-- 13. Bruce Roth, 1018 N River Rd McHenry IL 60050. 14. Chester Bryniarski, 3009 W Rte 120 McHenry IL 60050. 15. Richard A Adams, 1618 Lincoln Rd McHenry 1L 60050. 16. Don Welch, P O Box 1113, 2210 Orchard Beach Dr McHenry IL 60050. 17. R.W. Bodinus, 3408 Oakdale Ave McHenry IL 60050. 18. Anton Rebel, 4009 Maple Ave McHenry IL 60050. 19. Robert J Lary, 1404 N River Rd McHenry IL 60050. 20. Jerome & Ethel Buch, 4506 W Front Royal Drive McHenry 1L 60050. �ENERAL OVERVIEW OF PRO EEDIN 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 second 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. ln all cases where this is being requested, 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. ln 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 Anneaation" 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 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 3020 West Route 120 McHenry and is the location of Sunrise Grocery. �UMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District. TESTIMON Y Chairman Semrow swore in the following witness for the Petitioners: Allen F. Schultz, 5629 Sylvan Wonder Lake Illinois 60097. � � �Page 3 � . ZBA-Schultz 9/18/95 , Schu�tz said that he owns the Sunrise Grocery in conjunction with his brother. Schultz stated that because all newly annexed properties which surround his property are being reclassified to CS he L- believes that is would be appropriate that the subject property be reclassified to CS as well. The subject property was classified as B2 in the county prior to the annexation on August 2, 1995. He said that staff had recommended that his property be reclassified to C3 as that is what the B2 county classification is comparable to in the city zoning district classificadons. He noted that not as many uses are permissible in the C3 District and he would have less possible land uses for his property than all of his abutting neighbors. Schultz stated that there are no current offers to purchase pending on this property. He is just trying to protect his property rights for the future when it may be dme to sell the property. Chairman Semrow asked if there was any particular reason why the Peddoner would seek CS zoning other than the possible future sale of this property and the fact that the value of the property �vould be greater if the CS zoning were granted as opposed to C3. Schultz said there is no other reason for seeking the CS zoning classification. Chairman Semrow said, "there being no further testimony before this Board with regard to the Petition, 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 Swierk, seconded by Christensen to recommend to the City Council that the Pedtioners request that the subject property be reclassified from E Estate District to CS Highway Commercial District be granted; and that the Approval Criteria for Zoning �-- Amendments, Table 33, page 401 of the Zoning Ordinance, have been met. Vodng Aye: Christensen, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, Lovett. Motion cairied 5-0. This hearing was adjourned at 11:20 p.m. Respectfully submitted � � Ha.rry Se ow, Chairman Zoning ard of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attomey, Engineering lnspector, Pedtioner Schultz, Observers/Objectors (20), Aldermen Reference Copy, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star 1�Iews, City Clerk File. Z-399(8) �