Loading...
HomeMy WebLinkAboutMinutes - 9/11/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS SEPTEMBER 11,2000 CITY OF MCHENRY �, IN THE MATTER OF THE APPLICATION OF ) Z-512 DR. KHADER AND SAFINA SHAKIR, PR4PERTY ) Riverside Animal Clinic OWNERS FOR A VARIANCE PURSUANT TO THE ) 2904 W Rte 120 CITY OF MCHENRY Z4NIl�TG ORDINANCE, ) Variance MCHENRY COLINTY,ILLIN�IS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLIN�IS A hearing on the above-captioned petition was held on September 1 l, 2000. Chairman Semrow called the meetinb to order at 7:48 p.m. The following were present: 1. Zoning Board Members: George Cadotte, Paula Ekstrom, Darick Franzen,John Howell, Chuck Lovett, Harry Semrow. Absent: Jon Meyer. 2. Attorney for Zoning Board: Kelly Ca.hill. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. � 5. Petitioners: Dr. Khader and Safina Shakir, 2904 West Route 120, McHenry IL 60050. 6. Attorney for Petitioner: None. 7. City Council Members/Staff• City Clerk Althoff. 8. Court Reporter: None. 9. Registered Observersl�bjectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on August 25, 2000. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. LOCATION The location of the subject property is 2904 West Route 120 and is commonly known as Riverside Animal Clinic. SUMMARY The Petitioners are requesting a variance to permit a west side yard setback of 6' and an east side yard setback of 2.4' from the property lines. The subject property was annexed into the City of McHenry in �-- 1495 as part of the East of the River Annexation proceedings. It is currently 2oned GS Highway Cornmercial. Page 2 ZBA-Riverside Animal Clinic 9/11l00 � TESTIMONY Ct�airman Semrow swore in the following witnesses for the Petitioner: ■ Dr. Khadir Shakir, 2904 West Route 120, McHenry IL 60050; ■ Safina Shakir, 2904 West Route 120, McHenry IL 60050; ■ John Swierk, Direct Design Architects, 400 S. Route 31, McHenry IL 60050. Dr. Shakir stated his business,Riverside Animal Clinic,has been in operation for 13 years at its current location, 2904 West Route 120. The property was annexed into the City in 1995 in its pre-existing non- conformin�;state. The existing setbacks are less than required by ordinance of 10' from the east and west property line. Dr. Shakir plans to remodel his building and erect a substantial addition. In order to acquire a building pernut, he must be granted a variance to permit an east sideyard setback of 2.4' and a west sideyard setback of 6'. The building addition would be in line with the e�v.sting structure on the prernises. Mr. Swierk testified there would be no outdoor kennel on the premises. T'he operation would continue the same as it currently e�cists with three examining rooms, a surgicenter, waiting room and indoor kenneL He noted the clinic will remain open during the entire renovation project. Mr. Swierk reported the renovation will improve the property as well of its aesthetics as viewed from Route 120. The current size of the building is 1,745 square feet. T'he proposed addition is 970 square feet. A cross access easement is bein� drafted with the adjoining property owner to permit access to the proposed parking at the rear (north) of the structure. Mr. Swierk stated currently Dr. Shakir has a mutually � beneficial verbal agreement with the adjoining property owner: Dr. Shakir is permitted to drive on his neighbor's property to access his reaz yard parking; Dr. Shakir's neighbor is permitted to utili�e parking spaces an Dr. Shakir's property. Mr. Swierk stated the rear yard parking is not required by ordinance. He noted, however, the written cross access easement agreement would be executed prior to bringing this matter before City Council for formal action. CLOSING STATEMENT BY PETITIONERS Ms. Shakir asked the Board make an af�'irn�ative recommendation to the City Council with regard to their request. Chairman Semrow said, "there being no further testimony before the 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 Boazd. There being no motion to recess, the Chair will entertain a motion with regazd ta this Petition." DELIBERATION AND RECOMMENDATION Motion by Franzen, seconded by Howell, to recommend to the City Council that The Petitioner's request for a variance to pernut an addition and renovation to the existing structure located at 2904 West Route 120, with a sideyard setba.ck of 2.4' on the east side and 6'; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. � Page 3 ZBA-Riverside Animal Clinic 9/11/OQ � Ekstrom asked if the entire parking azea would be paved. Dr. Shakir responded in the af�irmative. Voting Aye: Cadotte, Ekstrom, Fra.nzen, Howell, Lovett, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion c��ried 6-0. ADJOURVMENT Motion by Ekstrom, seconded by Fran2en, to adjoum at 8:04 p.m. Respectfully sub 'tted, � 4 \ c Hazry Sen •ow, Chauman Zoning Board of Appeals � c: Zoning Boazd of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Comrrussion Chainnan,Northwest Herald, The Sun, File Copy.�-512 �