HomeMy WebLinkAboutMinutes - 4/18/2002 - Zoning Board of Appeals Minutes of the City of McHenry
ZONING BOARD OF APPEALS
APRIL 18,2002
� IN THE MATTER OF THE APPLICATION OF )
ADAMS OUTI)OOR POWER EQUIPMENT FOR A } Z-548
CONDITIONAL USE, PURSUANT TO THE ) Adams Outdoor Power&Equip
ZONING ORDINANCE OF THE CITY OF ) Conditional Use
MCHENRY, 111CHENRY COLJNTY, ILLINOIS ) 3107 W Route 120
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday,
April 18, 2002. Chairman Semrow called the Public Heazing to order at 7:30 p.m. with the
following persons in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Nadeau, Semrow. Absent:
Franzen, Howell, Thacker.
2. City Attorney: Kelly Cahill.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Douglas Martin.
S. Applic<lnt: Adams Outdoor Power Equipment, represented by Gary Adams, 3107 West
Route 120, McHenry IL 60050
6. Attorney for Petitioner: Cowlin and Cowlin represented by James Cowlin, 4108A West
Crystal Lake Road, McHenry IL 60050.
7. City CounciUStaff: None.
8. Court Reporter: None.
9. Registered Observers/Objectors: None.
�'' PUBLICATION
Notice of this Public Hearing was published in the Northwest Herald on March 30, 2002. A
Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed
to a11 property owners of record whose property abuts the subject property. An affidavit of
compliance with all notification requirements is on file in the Office of the City Clerk.
LOCATION
The subject property is located at 3107 West Route 120.
SUMMARY
The Petitioners are requesting the subject property be granted a conditiona.l use to allow the
following:
■ Outdoor Display and Storage of lawn and gazden equipment
■ Outdoor Display of Storage Shed
■ Outcioor Storage of bulk fuel for LP gas sales.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioners:
■ Gary Adams, 8515 Richmond Road, Wonder Lake IL 60097.
Mr. Adams acknowledged all statements contained within his Petition for Conditional Use were
true. He also affirmed the facts attested to regazding Table 31, the Approval Criteria for
�— Conditional Uses.
Page 2
Z-546
3/14/02
� Mr. Adams st,�ted a berm will be utilized to provide landscape screening from the parking area.
He is following State Fire Marshall guidelines for installation of tank and onsite storage of LP
gas for retail sale.
Mr. Adams n��ted he is requesting permission to store an 8' X 12' Storage Shed for display
purposes on the premises. He stated the "model" is sold at the end of each summer season and a
new shed is constructed for display the following spring. Mr. Adams indicated he would display
no more than si�c lawn implements outdoors. Landscape screening would be planted as
recommended by Staff.
QUESTIONS AND COMMENTS BY THE BOARD
Chauman Sernrow read into the record written comments provided by Boazd Member Thacker
who could not be present for the Public Hearing. A summary of Thacker's concerns includes:
■ Area east ��f proposed shed location should be landscaped with mature bushes, to depict a
"yard-like" environment;
■ Limit the size and number of lawn tractors to be displayed outside. He expressed concern
regazding cluttering and overcrowding of azea with excessive amount and lazge-sized
equipment. He would prefer a limit of 4 tractors to be displayed outside.
■ Storage of LP gas is too close in proximity to adjacent residential neighborhood; he is
opposed to the storage of LP gas on the premises.
In response to an inquiry, Mr. Adams stated the nearest residence is 150' to the west and 150'-
200' to the south of the premises.
�.
Discussion ensued regarding the number of tractors to be displayed outside. Mr. Adams stated he
of�ers three brands and would prefer to display two of each outside. Mr. Adams indicated he
would display no other equipment outdoors, i.e. push mowers, seeders, etc.
Following a discussion regarding landscaping the shed display area, it was the consensus that
some 3'-4' high shrubs should be planted to provide a backyazd-type setting. Mr. Adams
expressed conc�rn regazding too much landscaping around the shed, as there will be signs on the
shed advertising the vazious sizes, styles and costs available.
In response to an inquiry, Mr. Adams stated the refuse disposal area is entirely enclosed by
privacy fencing. Mr. Adams also noted a sign permit has been issued. The sign complies with
City sign ordinance requirements. The Boazd requested the Petitioner provide some landscaping
at the base of the sign.
Discussion occurred regazding the possibility of relocating the display shed to the parking lot.
Mr. Adams noted the number of pazking spaces indicated on the site plan is required by
ordinance. Utilization of two parking spaces for the shed placement would require a parking
requirement vaziance, which was not stated in the public notice prior to the hearing. Responding
to an inquiry, Mr. Adams stated there would be no vapors or fumes from the LP gas storage tank.
The LP storage tank would not be fenced in. The State Fire Mazshall requires the installation of
three crash posts. Mr. Adams will comply with all safety requirements for the storage of the LP
`,, gas tank. He no-:ed the tank would have a clam shell cover which would be padlocked at the end
of each busines:, day.
Page 3
Z-546
3/14/02
� Discussion fo:lowed regazding the size of tractors to be displayed outdoors. Mr. Adams stated
the size of the tractors would not exceed a 20 hp with a 60" deck. He noted most often the
tractors would be 12-16 hp with a 38"-48"deck.
Deliveries to the site would be by 18-wheel semis which back into the site to unload. Regarding
security lights, Mr. Adams stated there would be parking lot lights from sundown to sunrise. The
lights would bc; focused down on the parking lot.
CLOSING S'I'ATEMENT BY PETITIONERS
Attorney Cowlin stated the Petitioner's request is reasonable and would be a permitted
conditional use in a more restrictive C3 commercial zoning district. The proposed use is not
intense. The Petitioner has agreed to a maximum six pieces of equipment to be displayed
outdoors at ar�y one time. The Petitioner has also agreed to additional landscaping on the
premises. The shed would be newly constructed each spring and sold in the fall. The Petitioner
has met all the Approval Criteria for Conditional Uses as required by the Zoning Ordinance.
Chairman Semrow stated, "there being nothing further before this Board with regard to this
matter, the Board will consider this Petition at this tirne, 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 this Petition".
DELIBERATION AND RECOMMENDATION
Motion by Cad��tte, seconded by Ekstrom, to recommend to the City Council that
L- the Petitioners request for a conditional use to permit:
• ()utdoor display of lawn tractors for retail sale;
■ Outdoor display of storage shed for retail sale;
■ ()utdoor storage of LP gas for retail sale;
Subject to the following conditions:
■ Only six new lawn tractors shall be displayed in the front yard, located
as depicted on the site plan submitted with the Petition;
■ Only one new 8' X 12' shed shall be displayed to the east of the
entrance as depicted on the site plan submitted with the Petition;
■ Eleven mugo pines shall be planted in two beds of cypress mulch as
depicted on the site plan submitted with the Petition;
■ Landscaping, in the form of various ground cover and flower beds
shall be planted around the entire perimeter area of the sign on the
subject property;
■ No parking spaces shall ever be utilized for anything other than
customer parking;
■ Two evergreen shrubs with a maximum height of 3' shall be planted:
one on the northwest corner and one on the northeast corner of the
shed;
■ The lawn tractors shall be displayed in a staggered fashion.
and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the
� Zoning C�rdinance, has been met.
Page 4
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3/14/02
� Voting Aye: Cadotte,Ekstrom,Nadeau, Semrow.
Voting Nay: none.
Not Voting: None.
Abstaining: None.
Absent: Franzen, Howell, Thacker.
Motion carried 4-0.
ADJOURNMENT
Motion by Cadotte, seconded by Ekstrom, to adjourn the Public Hearing at 8:10 p.m.
Voting Aye: Cadotte, Ekstrom, Nadeau, Semrow.
Voting Nay: None.
Not Voting: vone.
Abstaining: :Vone.
Absent: )�ranzen, Howell, Thacker.
Motion carried 4-0.
Respectfully submitted,
y
�' Kathleen M. Kunzer, Secretary
Zoning Boazd of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Plan Commission (9), Landmazk Commission Chairman, Chicago
Tribune, Northwest Herald, Aldermen Conference Room, File Copy. Z-548
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