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HomeMy WebLinkAboutMinutes - 8/21/1995 - Zoning Board of Appeals ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) �,. OF CLARK OIL COMPANY AND THE ) Z-399(39) CITY OF MCHENRY FOR ZONING, ) CLARK/S&S CONDITIONAL USE, AND USE ) VARIANCE,PURSUANT TO THE ZONING ) 3111 W RTE 120 ORDINANCE OF THE CITY OF ) C5, USE VARIANCE MCHENRY, MCHENRY COUNTY, ) AND CONDITIONAL USE ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned peddon was held on August 21, 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, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. '� 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioners: City of McHenry represented by Director of Building & Zoning Lobaito. 6. Attorney for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. Ciry Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1, Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. L... 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 1 l. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. Page 2 ZBA-Clark/S&S S/21/95 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 60050. GENERAL OVERVIEW OF PRO EEDINGS 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. The City Council's direcdon 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 Petidon and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases, the City is not a co-petitioner and the applicants will represent themselves at the hearing. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle entered into the record Petitioners Exhibit l entided `Zoning Bo�rd Hearing Dates" which identified which parcels will be heard on each of the five tentadve hearing dates. McArdle entered into the record Petitioners Exhibit 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 is "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION � Nodfication of this hearing was published in the Northwest Herald on August 4, 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 3111 W Route 120 McHenry Illinois 60050. SUMMARY 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 allow an automobile service station within 600 feet of any other automobile service station; that a Conditional Use Permit be granted to allow the subject premises to be used as an automobile service station. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry IL 60050. Lobaito identified the subject property on the Plat of Anneaation. The site of the subject property was identified as 399(39) which is the zoning file number assigned to this Petition. Lobaito described the current and proposed uses on the subject property as stated within the Petition. � Lobaito stated that the subject property was annexed into the City on August 2, 1995. The current zoning as a result of that annexation is E Estate. Prior to the annexation, the property was classified as B1 in the Counry. . . Page 3 ZBA-Clark/S&S 8/21/95 Lobaito said the Petitioner is seeking to have the property classified CS Highway Commercial as this � is the city zoning classification which is most similar to the B1 county designation. Additionally, they are asking for a use variance to allow an automobile service station within 600 feet of another automobile service station. The Petidoners are seeking a Conditional Use as required in order to continue the use on the premises of an automobile service station. Attorney McArdle went over the Approval Criteria for reclassification as stated in the Petition. McArdle went over the Approval Criteria for Condidonal Uses as stated within the Petidon. He then reviewed the criteria for Use Variances as summarized in the Pedtion. QUESTIONS OF THE WITNESS BY MEMBER OF THE BOARD Christensen asked if there would be any outside storage associated with this use. Lobaito said the Petidoners are not seeking a Conditional Use Permit for outside storage and it would therefore not be permitted on the site. Chairman Semrow said, "there being no further testimony before this Board with regard to the Petition the Board will consider the Pedtion 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 REGOMMENDATION Motion by McClatchey, seconded by Lovett to recommend to the City Council that the Petitioners' request to reclassify the subject property from E-Estate District to CS-Highway Commercial District be granted; that the request for a use variance to allow an automobile service station within 600 feet of another automobile � service stadon be granted; that the request for a conditional use permit to allow the subject premises to be used as an automobile service station be granted;that the Approval Criteria for Rezoning, Table 33, page 401 of the Zoning Ordinance, have been met; that the Approval Criteria for Use Variances, Table 32A, page 379 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, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Swierk. Motion carried 5-0. ADJOURNMENT There being no further tesdmony before this Board with regard to this matter, this hearing was adjourned at 9:25 p.m. lly b tted Harry Se ow, Chairman Zoning Board of Appeals c: Agenda, Zoning Boazd of Appeals('n, Plan Commission('n, City Administrator, Director of Building&Zoning, � Public Works,Administration,City Attorney,City Engine�rs,Petitioner S&S Petroleum,Observers/Objectors(13), Aldermen Reference Copy,Building&Zoning Zoning File, Landmark Commission Chairman,Northwest Herald, City Clerk File. Z-399(39) - ° ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF THOMAS D WARD AND SANDRA L ) Z-399(35) WARD AND THE CITY OF MCHENRY ) WARD FOR ZONING AND USE VARIANCE ) PURSUANT TO THE ZONING ) 1207 N RIVER RD ORDINANCE OF THE CITY OF ) C5, 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-capdoned peddon was held on August 21, 1995. Chairman Semrow called the hearing to order at 8:07 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioners: City of McHenry represented by Director of Building & Zoning Lobaito. Thomas D and Sandra L Ward, 1207 N River Rd McHenry IL 60050. 6. Attomey for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Stceet Crystal Lake Illinois 60014. 7. Ciry Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. � 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 11. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. � •Page 2 ZBA-Ward 8/21/95 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 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-existing non-conformities as possible. All of the subject property was annexed into the Ciry of McHenry on August 2, 1995. The City Council's direction has been to assign the most resbrictive 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-petidoner and the applicants will represent themselves at the hearing. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle 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. McArdle entered into the record Petitioners Exhibit 2 entided "Plat of Anneaation' of the entire property which was annexed into the City on August 2, 1995. Also entered into the record is "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION � Notification of this hearing was published in the Northwest Herald on Augvst 4, 1995. The Publisher's Certificate of Publicadon 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. �.00ATION The subject property is located at 1207 N River Road McHenry Illinois 60050 and is the single family residence of the Petitioners, Thomas and Sandra Ward. SUMMARY 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 allow the premises to be used as a single family dwelling. �ESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry IL 60050. Thomas D. Ward, 1207 N River Road McHenry IL 60050. Sandra L Ward, 1207 N River Road McHenry IL 60050. Lobaito identified ihe subject property on the Plat of Annexation. The site of the subject properiy was identified as 399(35) which is the zoning file number assigned to the Petition. � Lobaito described the current and proposed uses on the subject property as stated within the Petition. He stated that the subject property was annexed into the City on August 2, 1995. The current zoning � -Page 3 ZBA-Ward 8/21/95 as a result of that annexation is E Estate. Prior to the annexation, the property was classified as B1 in � the County. Lobaito said the Petitioner is seeking to have the property classified CS Highway Commercial as this is the city zoning classification which is most similar to the B1 county designation. Additionally, they are asking for a use variance to allow the premises to continue to be used as a single family dwelling. Attorney McArdle went over the Approval Criteria for reclassification as stated in the Peddon. �UESTIONS OF THE WITNE BY MEMBER OF THE BOARD Christensen asked if the Petitioners would be required to meet the minimum lot width requirement of 200 feet for a CS zoned lot as specified in the zoning ordinance. Lobaito said this lot was akeady platted in 1986 when the current zoning ordinance was adopted. The 200 foot minimum requirement would not have to be met inasmuch as the property was already zoned business (commercial) at that time. Christensen said that if no use variance is granted, the Petitioners could still live on the premises but it would be a non-conforming use. Lobaito said that is correct, however, it was the City's intent to bring all of the properties into the city in the least non-conforming status as possible. TESTIMONY Thomas and Sandra Ward testified that they have resided on the premises for 18 years. This property has always been used as a single family dwelling to the best of their knowledge. the home was built in the early 1900's. The County reclassified the property to Bl sometime within the past 18 years. The Wards are not sure exacdy when the reclassification took place. It was not at their request. Attomey � McARdle asked the Wards why they are requesting that this property be classified C5. The Wards said they would like to preserve the rights now maintained on the property with their B1 county zoning. They purchased this property as an investment and they would like to preserve the status of their investment. Chairman Semrow said, "there being no fvrther 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 Pedtion. DELIBERATION AND RECOMMENDATION Motion by Tobeck, seconded by Christensen to recommend to the City Council that the Petitioners' request to reclassify the subject property from E-Estate District to CS-Highway Commercial District be granted; that the request for a use variance to allow the subject premises to be used as a single family dwelling be granted; that the Approval Criteria for Rezoning, 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. � � Page 4 ZBA-Ward 8/21J95 Voting Aye: Christensen, Lovett, McClatchey, Semrow, Tobeck. � Voting Nay: None. Not Voting: None. Abstaining: None. Absent; Swierk. Motion camed 5-0. ADJOURNMENT There being no further testimony before this Board with regard to this matter, this hearing was adjourned at 8:25 p.m. Respectfully submi ed Harry Se w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('n, Plan Commission('n, City Administrator, Director of Building&Zoning, Public Works, Administration, City Attorney, City Engineers, Petitioners Wazd, Observets/Objectors (13), Aldermen Ref'erence Copy, Building&Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-399(35) '� � ZONING BOARD OF APPEALS AUGUST 21, 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 CITY OF MCHENRY FOR ZONING, ) BODINUS CONDITIONAL USE AND USE VARIANCE ) 3112 W LINCOLN RD PURSUANT TO THE ZONING ) C5, CONDITIONAL USE ORD►INANCE OE THE CITY OF ) AND 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 pedtion was held on August 21, 1995. Chairman Semrow called the hearing to order at 7:10 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito. 6. Attomey for the Petitioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. L. 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 11. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. Page 2 ZBA-Bodinus 8121195 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 60050. GENERAL OVERVIEW OF PRO EEDIN S Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. The 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. 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. TC that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle entered into the record Petitioners Exhibit 1 entitiled "Zoning Board Hearing Dates" which identified which parcels will be heard on each of the five tentadve hearing dates. McArdle entered into the record Petitioners Exhibit 2 entitled "Plat of Annexadon" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record is "McHenry County Zoning Use Crroups' marked as Petitioners Exhibit 3. NOTIFICATION � Notification of this hearing was published in the Northwest Herald on August 4, 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. �,,,OCATION The subject property is located in the northwest corner of the Plat of annexation of the recendy annexed property located East of the Fox River. The common address is 3112 West Lincoln Road. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Conditional Use Permit be granted to allow 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. TESTIMONY Chairman Semrow swore in the following witness for the Petitioners: John A. Lobaito, 333 S Crreen St McHenry IL 60050. Attomey McArdle asked Chairman Semrow to recess this hearing until September 18, 1995 at 7 pm until such time as additional notification can be made regarding this hearing. Three parcels of the Watertower � Marina property were inadvertendy left out of the legal notice which was published in the paper on August 4, 1995. � �Page 3 ZBA-Bodinus 8/21/95 E � � Modon by Christensen, seconded by Tobeck to recess the hearing until September 18, 1995 at 7 p.m. Voting Aye: Christensen, Lovett, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent; Swierk. Motion carried 5-0. This hearing was recessed at 7:50 p.m. Respectfully submitted Harry Semr w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administration, City Attorney, City Engineers, Petitioner Bodinus, Observers/Objectors (13), Aldermen Reference Copy, Building&Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-399(29) � � t • ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF BYRON AND GAIL RIETESEL AND ) Z-399(23) THE CITY OF MCHENRY FOR ZONING, ) RIETESEL CONDITIONAL USE, AND USE ) � VARIANCE,PURSUANT TO THE ZONING ) 1205 N RIVER RD ORDINANCE OF THE CITY OF ) C5, USE VARIANCE MCHENRY, MGHENRY COUNTY, ) AND CONDITIONAL USE ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned pedtion was held on August 21, 1995. Chairman Semrow called the hearing to order at 8:38 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attorney far Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � �4. Director of Building & Zoning: John A. Lobaito. S. Petitioners: City of McHenry represented by Director of Building & Zoning Lobaito. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 6. Attomey for the Pedtioner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: l. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. � 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 11. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. Page 2 ZBA-Rietesel 8/21/95 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 60050. 14. Frank & Cathy Rodgers, 3107 Lake Street McHenry IL 60050. �ENERAL OVERVIEW OF PROCEEDING 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. The 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 s��me instances, the petitioners are seeking more intense zoning than they were assigned in the County. In rhose cases, the City is not a co-petitioner and the applicants will represent themselves at the hearing. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle 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. McArdle entered into the record 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 is "McHenry Cownty Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION � Notification of this hearing was published in the Northwest Herald on August 4, 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 1205 N River Road McHenry Illinois 60050 and is comprised of three parcels of land. SUMMARY 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 a11ow the premises to be used as a single family dwelling and one apartment (located above the shop); that a Conditional Use Permit be granted to allow the following: a commercial parking lot for boats, passenger vehicles and commercial vehicles as a principal use on a lot; outdoor advertising limited to existing square footage of sign located at northwest comer of the intersection of Route 120 and River Road; and the manufacture of recreational vehicle canvas covers and repair of recreational vehicles (boats). TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry IL 60050. Byron Rietesel, 1205 N River Road McHenry IL 60050. � Page 3 ZBA-Rietesel 8/21/95 Lobaito identified the subject property on the Plat of Annexation. The site of the subject property was � idendfied as follows: 399(23-1) the parcel of land immediately south of the Ward property which was the subject of the last petition; 399(23-2) the parcel of land direcdy across the street (River Road) from parcel number 399(23-1; 399(23-3) the parcel of land located at the northwest comer of the intersection of Route 120 and River Road. Lobaito stated that 399(23) is the zoning file number assigned to the subject petition. Lobaito described the current and proposed uses on the subject properiy as stated within the Petition. The Petition was amended on its face in paragraph 5 regarding the request for a conditional use permit. The outdoor advertising was "limited to existing square foota.ge of sign located at the northwest comer of the intersection of Route 120 and River Road" as stated in the summary above. Lobaito stated that the subject property was annexed into the City on August 2, 1995. The current zoning as a result of that annexation is E Estate. Prior to the annexation, the property was classified as B1 in the County. Lobaito said the Petitioner is seeking to have the property classified CS Highway Commercial as this is the ciry zoning classification which is most similar to the B 1 county designation. Additionally, they are asking for a use variance to allow the premises to continue to be used as a single family dwelling and an apartment located above the shop. A Conditional Use Permit is being sought to a11ow parcel 399(23-2) to be used as a commercial parking lot, to allow for an outdoor advertising sign on parcel � 399(23-3) and to allow the manufacture of canvas recreational vehicle covers on parcel 399(23-1). Attomey McArdle went over the Approval Criteria for reclassificadon as stated in the Petition. McArdle went over the Approval Criteria for Conditional Uses as stated within the Petition. He then reviewed the criteria for Use Variances as summarized in the Petition. SZUESTIONS OF THE WITNESS BY MEMBERS OF THE BOARD Christensen asked if there were any restricdon in the County as to the size of any of the signs found of this property. Rietesel said there are no restrictions as to size of signs. TESTIMONY Byron Rietesel stated that he has owned the subject property for six years. He does not currently reside on the property. He has tenants both in the single family dwelling and in the apartment which are located on parcel 399(23-1). He noted that the state took over most of the land which had previously comprised parcel 399(23-3). That lot is a small triangular sliver at this point. QUESTIONS BY OBJECTORS John Rodgers: Rodgers asked why does the City want to take in a commercial parking lot when there would be no realization of tax dollars gained. Why dcesn't the City annex his business, Rodger's Automotive. Rodgers stated that the City did not ask him if he would like to annex into the City. Lobaito said the process was that the City first annexed a portion of the Fox River so that the properties located east of the river would be contiguous to the City. The property owners abutting the Fox River � were then asked if they would like to annex into the City. The Rietesels were a part of this inquiry. When they agreed to the annexation it was with the understanding that all three of their parcels would come into the city as they are a11 an integral part of the Rietesel Boat Repair business. Page 4 ZBA-Rietesel 8/21/95 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 modon with regard to the Petition. DELIBERATION AND GOMMENDATION Motion by Christensen, seconded by McClatchey to recommend to the City Council that the Petitioners' request to reclassify the subject property from E-Estate District to CS-Highway Commercial District be granted; that the request for a use variance to allow the subject premises to be used as a single family dwelling and an apartment above the shop be granted; that the request for a conditional use permit to allow the following: a commercial parking lot for boats, passenger vehicles and commercial vehicles as a principal use on a lot; outdoor advertising limited to existing square footage of sign located at northwest corner of the intersection of Route 120 and River Road; and the manufacture of recreational vehicle canvas covers and repair of recreadonal vehicles (boats) be granted; that the Approval Criteria for Rezoning, Table 33, page 401 of the Zoning Ordinance, ha.ve been met; that the Approval Criteria for Use Variances, Table 32A, page 379 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, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Swierk. Motion carried 5-0. ADJOURNMENT There being no further testimony before this Board with regard to this matter, this hearing was adjourned at 9:01 p.m. Respectfully sub 'tted Harry Se w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('n, Plan Commission('�, City Administrator, Director of Building&Zoning, Public Works, Administration, City Attomey, City Engineers, Petitioner Rietesel, Observers/Objectors (14), Aldermen Reference Copy,Building&Zoning Zoning File, Landmark Commission Chairman,Northwest Herald, City Clerk File. �. Z-399(23) � � ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF MARY K FENSKE AND THE CITY ) Z-399(22) OF MCHENRY FOR ZONING AND A ) FENSKE USE VARIANCE, PURSUANT TO THE ) ZONING ORDINANCE OF THE CITY OF ) 1203 N RIVER RD 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-capdoned petition was held on August 21, 1995. Chairman Semrow called the hearing to order at 9:03 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Hatry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioners: City of McHenry represented by Director of Building & Zoning Lobaito. Mary K Fenske, 1203 N River Rd McHenry IL 60050. 6. Attorney for the Peddoner: Zukowski Rogers Flood and McArdle represented by David McArdle, 50 N Virginia Street Crystal Iake Illinois 60014. 7. City Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff, 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. � 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 1l. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. �Page 2 ZBA-Fenske 8/21/95 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 60050. GENERAL OVERVIEW OF PRO EEDIN T4 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. The 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. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle 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. McArdle entered into the record 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 is "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION � Notification of this hearing was published in the Northwest Herald on August 4, 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 1203 N River Road McHenry Illinois 60050 and is the single family residence of the Petitioner, Mary K Fenske. �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 allow the premises to be used as a single family dwelling. TESTIMONY Chauman Semrow swore in the following witnesses for the Petitioners: John A. Lobaito, 333 S Green St McHenry IL 60050. Mary K Fenske, 1203 N River Road McHenry IL 60050. Lobaito identified the subject property on the Plat of Annexation. The site of the subject property was identified as 399(22) which is the zoning file number assigned to the Petition. �, Lobaito described the current and proposed uses on the subject property as stated within the Petition. He stated that the subject property was annexed into the City on August 2, 1995. The current zoning � �Page 3 ZBA-Fenske 8/21/95 as a result of that annexation is E Estate. Prior to the annexadon, the property was classified as B 1 in � the County. Lobaito said the Petidoner is seeking to have the property classified CS Highway Commercial as this is the city zoning classification which is most similar to the B1 county designation. Additionally, they are asking for a use variance to allow the premises to continue to be used as a single family dwelling. Attorney McArdle went over the Approval Criteria for reclassification as stated in the Petition. He then reviewed the Approval Criteria for Use Variances. TESTIMONY Mary K Fenske stated that she has resided on the subject premises for 38 years. This residence has always been used as a single family dwelling. She was not certain exactly when the County reclassified the property to B 1, but it was not at her request. 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 modon to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition. DELIBERATION AND RECOMMENDATION Motion by McClatchey, seconded by Christensen to recommend to the City Council that the Peddoners' request to reclassify the subject property from E-Estate District to C5-Highway � Commercial District be granted; that the request for a use variance to allow the subject premises to be used as a single family dwelling be granted; that the Approval Criteria for Rezoning, 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, Lovett, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent; Swierk. Motion carried 5-0. ADJOURNMENT There being no further testimony before this Board with regard to this matter, this hearing was adjourned at 9:10 p.m. Respectfully submitted C Harry S ow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('n, Plan Commission('n, City Administrator, Director of Building&Zoning, Public Works, Administration, City Attomey, City Engineers, Petitioner Fenske, Observers/Objectors (13), �"' Aldermen Reference Copy,Building&Zoning Zoning File, Landmazk Commission Chairman,Northwest Herald, City Clerk File. Z-399(22) ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF DANIEL AND SUSAN FREUND FOR ) Z-399(14) ZONING, PURS UANT TO THE ZONING ) FREUND ORDINANCE OF THE CITY OF ) MCHENRY, MCHENRY COUNTY, ) 1208 N RIVER RD ILLIINOIS. ) C3 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 August 21, 1995. Chairman Semrow called the hearing to order at 10:15 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attamey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � S. Pedtioners: Daniel and Susan Freund, 3914 Maple Avenue McHenry IL 60050. 6. Attorney for the Pedtioner: None. 7. City Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althaff. 8. Court Reporter: Cheryl Barone. 9. Registered ObserverslObjectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. $. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 11. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. � Page 2 ZBA-Freund 8/21/95 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 60050. GENERAL OVERVIEW OF PRO EEDIN 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. The City Council's direction has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In a11 cases where this is being requested, the City has signed the Petition and is a co-pedtioner. In some instances, the peddoners a.re 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. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle 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. McArdle entered into the record 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 is "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. NOTIFICATION Nodfication of this hearing was published in the Northwest Herald on August 4, 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 1208 N River Road McHenry Illinois 60050 and is rental property as a single family dwelling. �UMMARY The Petidoners are requesting that the subject property be reclassified from E Estate District to C3 Community Commercial District. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: Daniel Freund, 3914 Maple Avenue McHenry IL 60050. Susan Freund, 3914 Maple Avenue McHenry IL 60050. Attomey McArdle identified the subject property on the Plat of Annexation. The site of the subject property was identified as 399(14) which is the zoning file number assigned to the Petition. The Freunds stated that the subject property is used as a rental property. They purchased the property in August 1987 and believed it to be zoned business at the time. They stated that they are asking for � C3 zoning for this property and believe that the commercial zoning is consistent with the Comprehensive Plan of the City. ` Page 3 ZBA-Freund 8/21/95 OUESTIONS BY MEMBERS OF THE BOARD � Semrow asked what property is across Lake Street from the subject property. The Freunds said the McHenry Recreadon Bowling Alley is across the street from the subject property. Semrow asked what type of property abuts the subject property to the east. The Freunds said Rodger's automotive Center is to the east. CLOSING STATEMENT BY PETITIONER The Freunds stated that what they are proposing, C3 zoning, is consistent with what the City has planned for this area. We are asking for zoning which would fit into the City's plans. Chairman Semrow said, "there being no further tesdmony before this Board with regard to the Petidon 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 modon with regard to the Petition. DELIBERATION AND RFCOMMENDATION Modon by Christensen, seconded by McClatchey to recommend to the City Council that the Petidoners' request to reclassify the subject property from E-Estate District to C3-Community Commercial District be granted; and that the Approval Criteria for Rezoning, Table 33, page 401 of the Zoning Ordinance, have been met. Vodng Aye: Christensen, Lovett, McClatchey, Semrow, Tobeck. Voting Nay: None. .,� Not Vodng: None. Abstaining: None. Absent; Swierk. Motion carried 5-0. ADJOURNMENT There being no further testimony before this Board with regard to this matter, this hearing was adjourned at 10:22 p.m. Respectfully submi ed Harry Se w, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (�, Plan Commission('n, City Administrator, Director of Building&Zoning, Public Works, Administration, City Attorney, City Engineers, Petitioners Freund, Observers/Objectors (13), Aldermen Reference Copy,Building&Zoning Zoning File, Landmazk Commission Chairman, Northwest Herald, City Clerk File. Z-399(14) � � ' ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF ARTHUR E KOHLERT AND ) Z-399(13) RANDOLPH C ZEH FOR ZONING ) KOHLERT/ZEH PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF ) 1113 N RIVER RD MCHENRY, MCHENRY COUNTY, ) C3 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 August 21, 1995. Chairman Semrow called the hearing to order at 9:54 p.m. The following persons were in attendance: � 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Pedtioners: Arthur E Kohlert, 1113 N River Road McHenry IL 60050. Randolph C Zeh, 1113 N River Road McHenry IL 60050. 6. Attorney for the Petitioner: None. 7. City Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. � 11. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. � Page 2 ZBA-Fenske 8/21/95 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. L, 13. James Stahl, 1101 N River Rd McHenry IL 60050. 14. Jeffrey Kleinhans, 1107 N River Rd McHenry IL 60050. 15. Lucille Kleinhans, 1107 N River Rd McHenry IL 60050. �ENERAL OVERVIEW OF PRO _EEDIN �S Attorney McArdle stated that the purpose of these hearings is to bring each parcel of land into the City with as few pre-existing non-conformities as possible. All of the subject property was annexed into the City of McHenry on August 2, 1995. The City Council's direction has been to assign the most restrictive zoning classification that is comparable to what each parcel was classified in the County prior to the annexation. In a11 cases where this is being requested, the City has signed the Petition and is a co-petitioner. In some instances, the petitioners are seeking 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. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle 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. McArdle entered into the record Petitioners Exhibit 2 entided "Plat of Anneaation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record is "McHenry County Zoning Use Groups' marked as Petitioners F.�rhibit 3. � NOTIFICATION Notification of this hearing was published in the Northwest Herald on August 4, 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. �OCATION The subject property is located at 1113 N River Road McHenry Illinois 60050 and is the single family residence of the Petidoners, Arthur E Kohlert and Randolph C Zeh. �UMMARY The Petitioners are requesdng that the subject property be reclassified from E Estate District to C3 Community Commercial District. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: Arthw E Kohlert, 1113 North River Road McHenry Illinois 60050. Randolph C Zeh, 1113 North River Road McHenry Illinois 60050. Attomey McArdle identified the subject property on the Plat of Anneaation. The site of the subject property was identified as 399(13) which is the zoning file number assigned to the Petition. � � ' Page 3 ZBA-Kohlert/Zeh 8/21/95 Zeh stated that the subject property was zoned residential prior to the annexation proceedings taking � place. The property is adjacent to the McCoy property which was the subject of the previous petition before this Board. It is pie-shaped and located on the west side of River Road, across the street from the Clark gas station. There is approximately 186 feet of river frontage. The subject property is about 1/4 mile from Snug Harbor Restaurant and there are appro�mately 6-8 house in between the subject property and that restaurant. The property is currently being used as a single family residence. QUESTIONS BY MEMBER OF THE BO�RD Semrow asked why the petitioners would like to have the property re-classified. Kohlert said that if the McCoy property is zoned commercial, then it would make sense to have their property zoned commercial as well. Kohlert said there is no property owner immediately abutting their property to the south. There is a dedicated road which is used by local residents for access to the river, but there is no adjacent property owner to the south. Kohlert said that he and Zeh operate an art gallery and custom paint shop in Arlington Heights. He stated that they could move at least part of their operation to McHenry if this property is zoned commercial. It could be a custom frame shop and art gallery. Christensen asked about the property to the immediate south of the subject property. Zeh said it is full of trees, junk and debris. The petitioners mow that property and try to keep it maintained. QUESTIONS BY OBJECTORS Lucille Kleinhans: Why didn't you buy the McCoy house and put your business at that location? Kohlert said they did not want to purchase the McCoy property. � Jeffrey Kleinhans: Do you have any concrete plans for the use of your property once it is reclassified? It sounds like you just want commercial zoning with no specific plans in mind. Zeh said there has been no opportunity to make plans until the annexation came into being. �TATEMENTS BY OBJECTORS Chairman Semrow swore in the following Objectors prior to their statements being made: James Stahl (1101 N River Road): "I believe that C3 Commercial Zoning is a little extreme. C1 Convenience Commercial Zoning should be su�cient. I understand the need to reclassify to commercial in view of the close proximity to Route 120, however, C3 is a little too aggressive." Jeffrey Kleinhans (1107 N River Road): "Do the Petitioners have a potential buyer? It is difficult to know how to zone a properiy if the buyer or type of use is not known. The purchase of the property could be dependent upon the zoning being granted." Semrow said that is not uncommon. That happens very frequendy; a sale is contingeat upon the requested zoning being granted. Kleinhans said, "it might be a better format to consider rezoning to C3 when they have a buyer and a specific use in mind. The rezoning should be considered at that time. We have no basis for objecting if we don't know what to object to. There is nothing concrete here to object to with regard to a specific use. There is no road to the south of the Kohlert property. There is only a designated accessway to the river for those property owners whose property dces not front on the river. The proximity of snug Harbor Restaurant to this site is approximately 30-34 houses away rather than the 6-8 as previously stated by the � Petitioners. That would be approximately 1/2 mile from the subject property." �� ' - Page 4 ZBA-Kohlert/Zeh 8/21/95 Christensen asked if a use variance was required to be sought and granted, if the requested ;� reclassification goes through, in order to permit continued use as a residential dwelling unit until such time as a commercial use is implemented on the site. Lobaito said it would be more restrictive to not have the use variance in place. The property would then be a non-conformity and subject to Chapter XVII of the Zoning Ordinance. 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 RE OMMENDATION Motion by Christensen, seconded by Lovett to recommend to the City Council that the Petitioners'request to reclassify the subject properiy from E-Estate District to C3-Community Commercial District be granted; and that the Approval Criteria for Rezoning, Table 33, page 401 of the Zoning Ordinance, have been met. Voting Aye: Christensen, Lovett, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent; Swierk. � Motion carried 5-0. �lDJOURNMENT There being no further testimony before this Board with regard to this matter, this hearing was adjoumed at 10:14 p.m. Respectfully submi ed Harry Semr , Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('n, Plan Commission('�, City Administrator, Director of Building&Zoning, Public Works, Administration, City Attorney, City Engineers, Petitioners Kohlert and Zeh, Observers/Objectors (15), Aldermen Reference Copy, Building& Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-399(13) � ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF VICTOR AND JOANNE KLEIN, AND ) Z-399(9) VICKI CLAWSON, AND THE CITY OF ) KLEIN/CLAWSON MCHENRY FOR ZONING AND ) VICKI'S PLACE CONDITIONAL USE, PURSUANT TO ) 1211 N RIVER RD THE ZONING ORDINANCE OF THE ) C3, CONDITIONAL USE CITY OF MCHENRY, MCHENRY ) COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned pedtion was held on August 21, 1995. Chairman Semrow called the hearing to order at 7:51 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. Pedtioners: City of McHenry represented by Director of Building & Zoning Lobaito. Vicki's Place represented by Vicki Clawson, 1211 N River Rd McHenry IL 60050. 6. Attorney for the Petidoner: Zukowski Rogers Flood and McArdle represented by David McArdle, SO N Virginia Street Crystal Lake Illinois 60014. 7. City Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. `, 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 11. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. Page 2 ZBA-Klein/Clawson 8/21J95 12. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 60050. GENERAL OVERVIEW OF PRO EEDIN � 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. The 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 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. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and wi11 be asked to pay their pro rata share (one ninth) of the publication cost. McArdle 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. McArdle entered into the record Petitioners Exhibit 2 entided "Plat of Anneacation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record is "McHenry County Zoning Use Groups" marked as Petitioners E�chibit 3. NOTIFICATION � Notificadon of this hearing was published in the Northwest Herald on August 4, 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 1211 N River Road McHenry Illinois 60050 and is commonly known as Vicki's Place. SUMMARY The Petitioners are requesting that the subject property be reclassified from E Estate District to C3 Community Commercial District; that a Conditional Use Permit be granted to allow outside sales of food and alcoholic beverages, live entertainment and dancing. TESTIMONY Chauman Semrow swore in the following wimesses for the Pedtioners: John A. Lobaito, 333 S Green St McHenry IL 60050. Vicki Clawson, 1211 N River Road McHenry IL 60050. Lobaito identified the subject property on the Plat of Annexation. The site of the subject property was identified as 399(9) which is the zoning file number assigned to the Petition. � Lobaito described the current and proposed uses on the subject property as stated within the Petition. He stated that the subject property was annexed into the City on August 2, 1995. The current zoning as a result of that annexation is E Estate. Prior to the annexation, the property was classified as B2 in Page 3 ZBA-Klein/Clawson 8/21/95 the County. All cunent uses were permitted under the county zoning district classification. � Lobaito said the Pedtioner is seeking to have the property classified C3 Community �ommercial. Additionally, they are asking for a conditional use permit to allow the outside sale af food and alcoholic beverages, live entertainment and dancing. Attorney McArdle went over the Approval Criteria for reclassification as stated in the Petition. �UESTIONS OF THE WITNESS BY MEMBERS OF THE BOARD Christensen asked if the petitioners would be able to meet the parking requirements for restawants as found in the zoning ordinance. Lobaito said that the bulk and area requirements af the zoning ordinance for the properties located east of the river were not addressed. The existing parking is what it is. If the building burned down or was otherwise destroyed, the owners would have to comply with all bulk and area requirements of the C3 Community Commercial Zoning District if theq were to rebuild on the site. Christensen asked how the city residents would not be burdened by the installation of public utilides east of the river. Lobaito said the City has worked out a plan whereby the installation of the public improvements would be done through the use of the sales tax revenues from the newly annexed properties. There would be no burden to existing residents of the City. McClatchey asked if the present owner were to sell this properiy would all of the existing non- conformities regarc�ing bulk and area be grandfathered in? Lobaito said that unless a new owner wanted to add on to the building or change it in some way, the existing non-conformities would continue to be grandfathered in. The non-conformities chapter specifically addresses when and how non-conformities � must be brought into compliance. Simple ownership exchange dces not in itself require that the property be brought into compliance. McArdle reviewed the Approval Criteria for conditional uses as stated in the Petition. TESTIMONY Clawson explained that she has owned the business for ten years. Vicki's Place is a restaurant and bar. Her pa,rents are the beneficiaries of the land trust which owns the subject property. Clawson said that she has live entertainment on the premises occasionally. The last time there was live entertainment was approximately one and one half years ago. Live entertainment is pemnitted by right for this type of establishment in the county. Clawson stated that she would like to maintain that right and is therefore asking for a conditional use permit to allow the outside sales of food and alcoholic beverages, as well as the live entertainment, inside and outside of the facility. �UESTIONS BY OBJECTORS Robert Schemmel: Schemmel asked Lobaito if there is any other bar or restaurant in town where live entertainment is pernutted and outside sales of food and alcoholic beverages are permitted? Lobaito said the Dobyn's House is permitted to have live entertainment and outside sales of food and beverages. STATEMENT BY OBJECTORS Robert Schemmel (1512 N Riverside Drive): "My concem is for the town of McHenry. Last year I had three of my parked cars hit by drunks driving on the street. Live entertainment and outside sales �, of alcohol should require a special use permit. No other bars in town are able to obtain this special use permit. Other bars in town have tried to obtain this type of special use permit and they have been denied. Just because this property is being annexed is no reason to grant them a special use to sell Page 4 ZBA-Klein/Clawson 8/21/95 liquor outside by the river. There is a safety factor of serving alcohol outside along the river. Do we � want that in our town? There are too many drunks already. Outside liquor sales is not good especially if they can sell it right along the seawall." OUESTIONS BY MEMI�ER OF THE BO R Christensen asked Clawson if she sells alcoholic beverages outside at the present time. Clawson stated that she does. Christensen asked if a special permit is required regarding the hours of operadon of outside entertainment. Lobaito said that the Municipal Code regulates the noise ordinance which is enforced by the Police Department. Semrow said all of the properties which are the subject of these East of the River zoning hearings have been annexed into the City with the understanding that the elcisting uses on each parcel would be permitted in the City as they have been in the County. There would be no more impact on the City as far as land use is concerned than there was when the land was still under County jurisdiction. The City has represented to each landowner that it is not the intent of the City to deny any of their exisdng permitted used on their property. The City only wants to bring these parcels into the City in the least non-conforming status as possible. Lovett asked Objector Schemmel how many times he has peddoned the County to revoke the live entertainment and outside sales of food and beverages permits from Vicki's Place. Schemmel said he has never pedtioned the county in that respect. Chairman Semrow said, "there being no further testimony before this Board with regard to the Peddon � 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 t�ND COMMENDATION Motion by McClatchey, seconded by Christensen to recommend to the Ciry Council that the Petitioners' request to reclassify the subject property from E-Estate District to C3-Community Commercial District be granted; that the request for a conditional use pemut to allow the operation of a bar and restaurant with live entertainment both inside and outside of the facility, and having outside sales of food and beverages including alcohol, be granted; that the Approval Criteria for Rezoning, 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, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Swierk. Motion carried 5-0. � Page 5 ZBA-Klein/Clawson 8/21/95 � ADJOURNMENT There being no further testimony before this Board with regard to this matter, this hearing was adjourned at 8:05 p.m. Respe 11 u mitted �-l�c� Harry S ow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('7), Plan Commission('n, City Administrator, Director of Building&Zoning, Public Works, Administration, City Attomey, City Engineers, Petitioner Bodinus, Observers/Objectors (13), Aldermen Reference Copy,Building&Zoning Zoning File, Landmark Commission Chairman,Northwest Herald, City Clerk File. Z-399(29) �. � ZONING BOARD OF APPEALS AUGUST 21, 1995 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF ROLLIN AND JANICE McCOY FOR ) Z-399(3) ZONING PURSUANT TO THE ZONING ) McCOY ORDINANCE OF THE CITY OF ) MCHENRY, MCHENRY COUNTY, ) 1115 N RIVER RD ILLINOIS. ) C3 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 August 21, 1995. Chairman Semrow called the hearing to order at 9:28 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioners: Rollin and Janice McCoy, 1115 N River Rd McHenry IL 60050. 6. Attorney for the Petitioner: None. 7. City Council Members: Mayor Cuda, Alderman Baird, Alderman Bates, Alderman Locke, City Clerk Althoff. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. Virginia Brzenk, 823 N River Rd McHenry IL 60050. 2. Janice & Rollin McCoy, 1115 N River Rd McHenry IL 60050. 3. Kim Palmiero, NW Herald, 4005 Kane Ave McHenry IL 60050. 4. Byron Rietesel, 1205 N River Rd McHenry IL 60050. 5. Robert Schemmel, 1512 N Riverside Dr McHenry IL 60050. 6. Vickie Clawson, 1211 N River Rd McHenry IL 60050. 7. Daniel Freund, 3914 Maple Ave McHenry IL 60050. 8. Mark K. Fenske, 1203 N River Rd McHenry IL 60050. 9. Thomas & Sandra Ward, 1207 N River Rd McHenry IL 60050. 10. Isabelle K Kellner, 2604 Fair Oak Lane McHenry IL 60050. 11. Ruthann Toussaint, 2608 Fair Oak Lane McHenry IL 60050. � � Page 2 ZBA-McCoy 8/21/95 I2. Ray & Mae Pieroni, 306 N River Rd McHenry IL 60050. � 13. James Stahl, 1101 N River Rd McHenry IL 60050. 14. Jeffrey Kleinhans, 1107 N River Rd McHenry IL 60050. 15. Lucille Kleinhans, 1107 N River Rd McHenry IL 60050. GENERAL OVERVIEW OF PRO EEDIN 7S 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. The 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 Petidon and is a co-petitioner. In some instances, the petitioners are seeking more intense zoning than they were assigned in the County. In those cases,the City is not a co-petitioner and the applicants will represent themselves at the hearing. To that end, it has been noted that the City of McHenry published all legal notices for this hearing. Three of the applicants at tonight's hearing are representing themselves and will be asked to pay their pro rata share (one ninth) of the publication cost. McArdle 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. McArdle entered into the record Petitioners Exhibit 2 entitled "Plat of Annezation" of the entire property which was annexed into the City on August 2, 1995. Also entered into the record is "McHenry County Zoning Use Groups" marked as Petitioners Exhibit 3. � NOTIFICATION Notification of this hearing was published in the Northwest Herald on August 4, 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 1115 N River Road McHenry Illinois 60050 and is the single family residence of the Petitioners, Rollin and Janice McCoy. SUMMARY The Pedtioners are requesting that the subject property be reclassified from E Estate District to C3 Communiry Commercial District. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: Rollin McCoy, 1115 N River Road McHenry Illinois 60050 Janice McCoy, 1115 N River Road McHenry Illinois 60050. City Clerk Pamela J. Althoff, 333 S Green Street McHeruy IL 60050. Attomey McArdle identified the subject property on the Plat of Anneaation. The site of the subject �. property was identified as 399(3) which is the zoning file number assigned to the Petition. Page 3 ZBA-McCoy 8/21/95 The McCoys stated that the subject property was zoned residendat prior to the annexation proceedings �, taking place. The property is adjacent to the Route 120 bridge over the Fox River, on the west side of River Road. The property is currendy for sale and being used as a single family residence. The State of Illinois took approximately 10 feet of the frontage of the property along Route 120 to be used in the Route 120 expansion project within the past few years. The property is directly across the Fox River from the Dobyn's House Restaurant and Petals and Stems florist. The McCoys stated that the property has been for sale for more than a year and it has been impossible to sell it as a residential property. The property is comprised of approximately 3.4 of an acre. The McCoys have owned this land for about 19 years. When they purchased the property, the area was much more quiet than it is now. OUESTIONS BY MEMBERS OF THE BO R Semrow asked what business if any was located where the Clark Gas Station is now located on the southeast comer of the intersection of Route 120 and River Road. Mrs. McCoy said it was a gas station at that dme. Semrow asked the zoning classification of the property across the street from their residence immediately south of the Clark station. Mr. McCoy said it is residential. Semrow asked the zoning classification of the property immediate south of the subject property. Mr. McCoy said it is residential up to Snug Harbor Restaurant. Lovett asked if the proposed commercial zoning would be consistent with the Comprehensive Plan of the City. Semrow said it would be. Mrs. McCoy said that 19 years ago when they purchased this property they were advised that the plan was that all land adjacent to Route 120 would be commerciai. Semrow asked why the Petitioners have decided to go with C3 zoning. He asked if there was a � prospective buyer with a potendal specific use which is located in the permitted use group of the C3 District. McCoys said there is no definite prospective buyer at this time. They decided on the C3 zoning because it appeared to have permitted uses which would be compatible with this locadon. McClatchey said that if the Petitioners have resided at this location for 19 years, why didn't they go to the County and request a zoning reclassification. Mr. McCoy said that they had been under the County jurisdiction. When the subject of possible annexation to the City came up, they decided to wait for that to happen before requesting the zoning change. They decided it would simplify matters to seek reclassification through the avenue of annexation to the City. Semrow asked if when the Petitioners were approached by the City reference annexation, did they have any discussion with the City reference the City's vision of zoning for this property? Mrs. McCoy said she was told to wait until the annexation took place to seek reclassification of this property rather than to take the time and effort to Petition the County for a zoning change. City Clerk Althoff said that she spoke to the McCoys in June of 1994 and talked with them about going to the County to request a zoning change. She stated that she advised them to wait until the annexadon took place and to request the reclassification from the City. Christensen asked if Bl is the most restricdve Business zoning classification in the County. Lobaito said that is conect. The only classifications more restrictive would be residential. `. Christensen asked if there had been any buyers interested in purchasing the subject property. Are there any proposed plans for a commercial use of this property? Mrs. McCoy said not at this time. Christensen asked the age of the residence on this property. The McCoys said it was built in 1912. Page 4 ZBA-McCoy 8/21/95 Christensen asked if there was a potential plan for the McCoy property being sold in conjunction with `„ the Kohlert/Zeh property. The McCoys said there is no definite plan at this time. �LOSING STATEMENT BY PETITIONERS The McCoys stated that they are hoping the subject property can be rezoned to commercial, especially since the state took so much of it and the residence is now so much closer to the state right of way on Route 120. STATEMENTS BY OBJE TORS Chairman Semrow swore in the following Objectors prior to their statements being made: James Sta61 (1101 N River Road): "I believe that C3 Commercial Zoning is a little extreme. C1 Convenience Commercial Zoning should be sufficient. I understand the need to reclassify to commercial in view of the close proximity to Route 120, however, C3 is a little too aggressive." Jeffrey Kleinhans (1107 N River Road): "Do the Petitioners have a potendal buyer? It is difficult to know how to zone a properiy if the buyer or type of use is not known. The purchase of the property could be dependent upon the zoning being granted." Semrow said that is not uncommon. That happens very frequently; a sale is contingent upon the requested zoning being granted. Kleinhans said, "it might be a better format to consider rezoning to C3 when they have a buyer and a specific use in mind. The rezoning should be considered at that time. We have no basis for objecting if we don't know what to object to. There is nothing concrete here to object to with regard to a specific use. There is no road to the south of the Kohlert property. There is only a designated accessway to the river for those `. property owners whose property does not front on the river. The proximity of snug Harbor Restaurant to this site is approximately 30-34 houses away rather than the 6-8 as previously stated by the Petidoners. That would be approximately 1/2 mile from the subject property." Christensen asked if a use variance was required to be sought and granted, if the requested reclassification goes through, in order to permit continued use as a residential dwelling unit until such time as a commercial use is implemented on the site. Lobaito said it would be more restrictive to not have the use variance in place. The property would then be a non-conformity and subject to Chapter XVII of the Zoning Ordinance. 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 CO MENDATION Motion by Tobeck, seconded by Christensen to recommend to the City Council that the Peddoners'request to reclassify the subject property from E-Estate District to C3-Community Commercial District be granted; and that the Approval Criteria for Rezoning, Table 33, page 401 of the Zoning Ordinance, have been met. � Page 5 ZBA-McCoy 8/21/95 Voting Aye: Christensen, Lovett, McClatchey, Semrow, Tobeck. � Voting Nay: None. Not Voting: None. Abstaining: None. Absent; Swierk. Motion carried 5-0. ADJO RNM�NT There being no further testimony before this Board with regard to this matter, this hearing was adjourned at 10:12 p.m. Respectfully sub itted Harry Se ow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('n, Plan Commission('�, City Administrator, Director of Building&Zoning, Public Works, Administration, City Attorney, City Engineers, Petitioners McCoy, Observers/Objectors (15), Aldermen Reference Copy, Building&Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-399(3) � �