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HomeMy WebLinkAboutMinutes - 11/8/2001 - Zoning Board of Appeals A REPORT THE CITY OF MCHENRY ZONING BOARD OF APPEALS NOVEMBER 8,2001 � IN THE MAT7'ER OF THE APPLICATION OF ) GUS DEMAS 13UILDING CORPORATION ) Z-540 FOR A VARIANCE PURSUANT TO THE ) Gus Demas Bldg Corp ZONING ORII�NANCE OF THE CITY OF ) Variance MCHENRY, I�ICHENRY COLJNTY, ILLINOIS ) 1701 & 1711 N Richmond Rd A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday, November 8, 2001. Chairman Semrow called the Public Hearing to order at 7:32 p.m. with the following persons in attendance: 1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Lovett, Semrow. Absent: Howell, Thacker. 2. City Aitorney: Kelly Cahill. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Douglas Martin. 5. Directcr of Community Development: Joseph Napolitano. 6. Applicants: Gus Demas Building Corporation represented by Peter Demas, 655 Forest Hill Road, Lake Forest, IL 60045. 7. Attorney for Petitioners: None. 8. City CounciUStaff: None. 9. Court Reporter: None. 10. Registered Observers/Objectors: Judy Knutilla, 3610 Bradley Court,McHenry IL 60050. � PUBLICATION Notice of this Public Hearing was published in the Northwest Herald on October 22, 2001. A Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed to all 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 1701 and 1711 North Richmond Road. SUMMARY The Petitioners are requesting the subj�Gt prppe�ty be granted a variance from the City's parking requirements to allow 59 parking sp�Ges as opppsed t;o the 73 required by ordinance. TESTIMONY Chairman Semrow swore in the following witness for the �etitioners: ■ Peter Demas, 655 Forest Hill Road, Lake Forest IL 60045 ■ Jo Anne Miuphy, 655 Forest Hill Road Lake Forest IL 60045 ■ Gordon Hahn(Panera Bread), 935 Fildside Lane Aurora IL. Mr. Demas stated he is proposing to purchase the property located at 1701 North Richmond Road. The existing structure will be razed and the lot will be developed as additional parking for � 1711 North Richmond Road, a portion of the McHenry Grounds Shopping Center. Mr. Demas noted Panera Bread will locate in the retail spot at 1711 North Richmond Road if a parking variance is granted. He stated there would be a total of 59 parking spaces available, between Page 2 Z-540 11/8/O l � existing spaces in the McHenry Grounds Shopping Center plus the additional spots created by redeveloping 1701 North Richmond Road. City ordinance requires a minimum of 73 spaces. There would be a 14-space shortage of the required number of spaces, causing a need for a parking variance. (?UESTIONS AND COMMENTS BY THE BOARD In response to an inquiry, Planner Martin indicated he performed the parking survey included in the Staff Report. It was the consensus of Staff there is a shortage of parking at the Crystal Lake Panera Bread facility. The McHenry store will be approximately the same size as the Crystal Lake facility. �VIr. Demas noted the McHenry store will have more parking spaces dedicated to its use tha.n the Crystal Lake facility. Even with the expansion of the parking area to incorporate the property at 1701 North Richmond Road, there would be a 14-space shortage as required by the parking ordinance. General discussion occurred regarding the utilization of the McHenry Grounds Shop�ing Center parking spaces. It was the consensus of those present that at any given time, the Shopping Center parking spaces are 50% vacant. Question was raised as to the existing right-of-way at 1701 North Richmond Road. The Petitioner noted the right-of-way would be vacated upon purchase and development of the property as a parking lot. In response to an inquiry, Mr. Hahn stated the maximum seating capacity of Panera Bread would be 115-120 persons. Hours of operation would be: Monday through Saturday 6:00 a.m. unti19:00 p.m. Sunday 7:00 a.m. unti18:00 p.m. � The Petitioners indicated no alcoholic beverages would be sold on the premises. There would be no drive-through facility located onsite. QUESTIONS BY OBJECTOR Judy Knutilla, 3510 Bradley Court• Ms. Knutilla, noting the existing difficulty to navigate traffic on Route 31 at the proposed Panera Bread location, inquired if there would be a traffic signal installed at this location. Director Napolitano responded the Illinois Department of Transportation (IDOT) would ultimately determine if a signal is warranted at this location. Ms. Knutilla inquired if the City would enforce the "No Left Turn" from the Jiffy Lube lot onto McCullom Lake Road. She noted it is currently being abused. The additional traffic created by Panera Bread would most likely cause further abuse of this ordinance. Ms. Knutilla indicated her property, which abuts the proposed Panera Bread site, is currently for sale. She is concerned about decreased property value. Ms. Knutilla inquired if the proposed Panera Bread site is zoned commercial for a restaurant use. Director Napolitano replied in the affirmative. In response to further inquiry, Mr. Hahn stated no alcoholic beverages would be served on the premises. Mr. Demas responded to an inquiry, noting St. Mary's Cemetery abuts 1701 North Richmond Road to the west. Following the successful lease to Panera Bread, there would still be approximately 4,000 square feet of vacant store front in the McHenry Grounds Shopping Center. �' CLOSING STATEMENT BY OJBECTOR Chairman Semrow swore in Objector Judy Knutilla, 3510 Bradley Court,McHenry IL 60050. Page 3 Z-540 11/8/O 1 �. Ms. Knutilla �.tated Panera Bread locating in McHenry is a great idea. However, there must be a far better location, perha.ps in one of the vacant store fronts along Route 120 where there would be no parkin€; shortage. She noted traffic is already a problem in this area. Persons leaving McHenry Grounds Shopping Center and McHenry Commons, across the street, attempting to make left-han3 turns, find it impossible to do so. There is much confusion over who has the right-of-way to make their turns. This is akeady a very congested area. With the addition of Panera Bread, it can only get worse. She stated her concern regarding increased illegal left-hand turns from Jiffy Lube onto McCullom Lake Road, causing further difficulty along McCullom Lake Road, as well. She encouraged Panera Bread to seek anothex site to locate in McHenry. CLOSING STATEMENT BY PETITIONERS Mr. Demas stated Panera Bread would be a good addition to the Shopping Center and for the City, as well. I�e noted the addition of Panera Bread is needed to continue the McHenry Grounds Shopping Center as a viable enterprise. He respectfully asked the Board to make a favorable recommendati��n to the City Council regarding the pazking variance request. Chairman Sen�row stated, "there being nothing further before this Board with regard to this matter, the Board will consider this 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 this Petition". DELIBERATION AND RECOMMENDATION � Motion by Cadotte, seconded by Lovett,to recommend to the City Council that The Petitioners request for variance to permit a total of 59 pazking spaces, as opposed to the required 73 spaces as defined by the City's Parking Ordinance, for Panera Bread, located at 1711 North Richmond Road be granted subject to the following conditions: 1. Access point onto Route 31 from 1701 North Richmond Road be fully restored, with sod or seed, upon closure; 2. Applicant must dedicate 7.5 feet of right-of-way to the City of McHenry in order to complete the Route 31 roadway improvements; 3. Applicant must submit a landscape plan showing a parking screening strip along the entire front lot line of the newly-acquired parcel, and in front of the 5 new parking spaces on the property of the McHenry Grounds Shopping Center. Landscape strip shall include a mi�cture of evergreen trees and shrubs, ground cover, and deciduous trees and shrubs; 4. Landscape plan should also include plantings, consisting of one tree and nine shrubs, in the newly created landscape island; and that Table 32, the Approval Criteria for Variances, Page 377-378 of the Zoning Ordinance, ha.s been met. Voting Aye: ��adotte, Ekstrom, Franzen, Semrow. Voting Nay: Lovett. Not Voting: None. Abstaining: None. �'' Absent: I�owell, Thacker. Motion carried �-1. Page 4 Z-540 11/8/Ol � ADJOURNM ENT Motion by Franzen, seconded by Cadotte,to adjourn the Public Hearing at 8:15 p.m. Voting Aye: Cadotte, Ekstrom, Franzen, Lovett, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 5-0. Res ectfully sub 'tted, Harry S ow, Chairman Zoning Board of Appeals C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Petitioners, Objectors (5), Plan Commission (7), Landmark Commission Chairman � Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy. Z-540 �..