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Home My WebLink AboutMinutes - 8/21/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS AUGUST 21, 2000 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-510 RUBLOF�'DEVELOPMENT GROUP AND ) Rubloff/Home Depot HOME D�:POT STORE FOR A VARIANCE ) PtIRSUANT TO THE CITY OF MCHENRY ZONING ) Variance ORD1NATtCE MCHENRY COUNTY,ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO TFIE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing i�n the above-captioned petition was held on August 2i, 2000. Chairman Semrow called the meeting to order at 7:48 p.m. The following were present: 1. Zorzing Board Members: George Cadotte,Paula Ekstrom, Dazick Franzen,John Howell,Harry Ser�row. Absent: Chuck Lovett, Jon Meyer. 2. Att.�rney far Zaning Board: David W. McArdie. 3. Recarding Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. � 5. Petitioner: RubloffDeveloprr�nt Group, 2800 West Higgins Road Suite 205, Hoffman Estates IL 60195. 6. Attorney for Petitioner: Joseph Gottemoller, 1 North Virginia Street, Crysta�Lake, IL 60014. 7. Cit}r Council Members/Stafi� None. 8. Court Reporter: None. 9. Registered Observers/Objectors: Joyce Craig, 1910 Pine Drive, McHenry, IL 60050 Al Castellanos, 1907 Pine Drive, McHenry IL 60050 Chris Edwards, 2003 Pine Drive, McHenry IL 60450 Craig Chaps, 2002 Pine Drive, McHenry IL 60050 Mark Cudak, 3318 Chestnut Drive, McHenry IL 60050 Kenneth Lein, 1911 Birch Lane, MeHenry IL 60050 Mel Long, 308 Chestnut Drive, McHenry fL 60050. NOTICE 4F PUBLICATION Notice af this hearing was published in the Northwest Herald on August 3, 2000. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Of�ice. Notices were mailed to `�. abutting property owners. An affidavit of service via certified mailing is on file in the Office of the City Clerk. Page 2 Z-509lRubloff-Home Depot SI2 i J00 LOCATI4N � The location of the subject property is west of Route 31, north of Wa1Mart Store. SUMMAl2Y T'he Petitic�ners are requesting a variance tfl pernut the construction of a Horne Depot Store on Lot 2 of the Mei�er/Home Depot Subdivision with a 0' sideyard setback on the north property line. TESTIM()NY Attorney(iottemoiler stated Rubloff Development Grflup is planning and developing two sh�pping centers on North Route 31 as previously attested to in a Public Hearing before this Board on Juiy 17, 2000. The shogping cerrter on the east side of Route 31 is the McHerny Towne Center Subdivision. The shopping cerrter on the west side of Route 31 is Meijer/Home Depot Subdivision. Attorney Gottemoller noted both Kohls Department Store in the McHenry Towne Center and Home Depot in MeijerfHome Depot Subdivision irrtend to purchase the lots on which their facilities are erected. In order to preserve the "strip �nall" presentation of the shopping centers, a request for variance to permit 0' sideyard setbacks is required. He noted Kohl's intends to build on the south property line, while Home Depot intends to huild on the north property line. Attorney Gottemoller stated the 0' setback is similar#o that which exist s in the downtown areas of town, such as Green Street and Main Street. Attorney Gottemoller went over the Approval Criteria for Variances as stated in the Petition. QUESTIONS BY MEMBERS OF THE BQARD Chairman Semrow opined the request does not compare to the existing downtown districts, as they are `„ zflned C-4 to allow for preexisting setba�k and lack of parking conditions. However, he noted Target Store was granted a variance in response to a similar request. The pre�edence has been set to accommodate the request before the Board this evening. Semrow asked is Kohl's and Home Depot would construct fire walls to assure safety adjacent to the 0' lot line. Attorney Gottemoller responded all City codes and ordinances will be followed. No additional variances will be sought. Chairnyan Semraw 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 Baarci.There being no motion to recess, the Chair will entertain a motian with regard to this Petition." DELIBERATION AND RECUMMENDATION Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that The Petitioner's request for a variance to permit the construction of a building with a 0` sicieyard sethack from the north property iine be granted; and that Table 32, the Approval Criteria for Variances,pages 377-378 of the Zoning Ordinarice has been met. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Semrow. Voting Nay: None. Not Voting; None. Abstaining: None. Absent: Lovett, Meyer. Motion carried 5-0. ``, Page 3 ZBA-Rubloff/Home Depot 8/21/0(� � ADJOUR"�MENT Chairman�emrow adjourned the Hearing at 8:02 p.m. Respectfully submitted, Harry Semrow, Chairman Zaning Board of Appeals c: Zo�ung Board of Appeals Members {7), Plan Commission Members {7), City Admin�stra#or, Pla:iner, PW Administration, City Engineers, Aldermen Reference Copy, Pe#itioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy.Z-S 10 � \.. ZONING BOARD OF APPEALS AUGUST 21, 2000 CITY �F MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-509 RITBL4FF DEVELOPMENT GROUP AND ) Rublof�/Kohl's KOHL'S I)EPARTMEMT STORE FOR A VARIANCE ) PITRSUAI`�T TO THE CITY OF MCHENRY ZONING ) Variance ORDiNANCE MCHENRY COUNTY,ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing an the above-captioned petition was held on August 21, 2Q00. Ct�airman Semrow called the meeting to c�rder at 7:48 p.m. The following were present: 1. Zoning Board Members: George Cadotte, Pau1a Ekstrom, Dazick Franzen,3ohn Howell, Harry Semrow. Absent: Chuck Lovett, Jon Meyer. 2. Att��rney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. � 5. Petitioner: RubloffDeveloprr�ent Group, 2800 West Higgins Road Suite 205, Hoffinan Estates IL E�0195. 6. Att�>rney for Petitioner: Joseph Gottemoiler, 1 North Virginia Street, Crystal Lake, IL 60014. 7. Cit3� Council Members/Staff• None. 8. Court Reporter:None. 9. Registered Observers/Objectors: Joyce Craig, 1910 Pine Drive, McHenry, IL 60050 Al Castellanos, 1907 Pine Drive, McHenry IL 60050 Chris Edwards, 20fl3 Pine Drive, McHenry IL 60050 Craig Chaps, 2002 Pine Drive, McHenry IL 60050 Mark Cudak, 33l 8 Chestnut Drive, McHenry IL 6005Q Kenneth Lein, 1911 Birch Lane, McHenry IL 60050 Mel Long, 308 Chestnut Drive, McHenry IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwe�t Herald on August 3, 200Q Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to �. abutting praperty owners. An affidavit of service via certified mailing is on file in the Of�ice of the City Clerk. Page 2 Z-509/Rurloff-Kahl's $/21/00 LOCATION � The locatic�n of the subject property is east of Route 31, north of Burger King Restaurant. SUMMAItY The Petitioners are requesting a variance to pernut the construction of a Kohl's Department Store on Lot 1 of th�McHenry Town Center Subdivision with a 0' sideyard setback on the south property line. TESTIMONY Attorney C�ottemoller stated Rubloff Development Group is planning and developin� #wo shopping centers on �Vorth Raute 31 as previously attested to in a Public Hearing before this Board on July 17, 2000. The shopping center on the east side of Route 31 is the McHenry Towne Center Subdivision. The shopping cc:nter on the west side of Route 31 is Meijer/Home Depot Subdivision, Attorney Gottemoller noted tx3th Kohls Department Store in the McHenry Towne Center and Home Depot in Meijer/Home Depot Subdivision urtend to purchase the lots on which theff facilities are erected. In order to preserve the "strip ma11" presentation of the shopping centers, a request for variance to pernut 0' sideyard setbacks is required. He noted Kohl's intends to build on the south property line, while Home Depot intends to huild on the north property line. Attorney Gottemoller stated the 0' setback is sirnilar to that which exists in the downtown areas of town, such as Green Street and Main Street. Attorney Gott�maller went over the Approval Criteria for Varia.nces as stated in the Petition. 4UESTIONS BY MEMBERS OF THE BOARD Chairman Semrow opined the request does not compare to the e�.sting downtown districts, as they are � zoned C-4 to ailow for preexisting setba�ck and lack of pazking conditions.However, he noted Target Store was granted a variance in response to a similar request. The precedence has been set to accomtriodate the request before the Boazd this evening. Semrow asked is Kohl's and Home Depot would construct fire walls to assure safety adjacent to the 0' lot line. Attorney Gottemoller responded all City codes and ordinances will be foilowed. No additional variances wiIl be sought. Chairtna,n Semrow said, "there being no further testimony before the Board with regard to this matter, the Board v��ill consider this Petition at this time, unless there is a motion to recess by a member of the B�ard. There being no motion to recess, the Chair will entertain a moti�n with regard to this Petitic�n." DELIBERATION AND RECOMMENDATION Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that T�Petitior�er's request for a variance to pernut the construction of a building with a 0` sideyazd sethack from the south property line be granted; and that Table 32, the A�proval Criteria for Variances,pa.ges 377-378 of the Zoning Ordinance�s been met. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Semrow. Vo#ing Nay: None. Not Voting: None. Abstaining: None. Absent: Lovett, Meyer. MotiUn car�-ied 5-0. � Page 3 ZBA-Rubloff/Kohl's 8/21/00 � ADJOUR'vMENT Chairman Semrow adjourned the Hearing at 8:02 p.m. Respectfully sub ' ed, � , � Harry Se �� , Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Pla��ner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy.Z-509 � � ZONING BOARD OF APPEALS AUGUST 21, 2000 CITY OF MCHENR'Y � IN THE MATTER OF THE APPLICATION OF ) Z-511 RICHARD AND RITA ADAMS AND FIRST ) AdamslCulvers MIDWEST TRUST NO 13226 FOR A CONDITIONAL ) USE PUR�UANT T4 THE CITY OF MCHENRY ) Conditional Use ZONING ORDINANCE MCHENRY COUNTY, ) 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, 2000. Cha.irn�an Semrow called the meeting to order at 7:33 p.m. The following were present: 1. Zoning Board Members: George Cadotte, Pau1a Ekstrom, Darick Franzen,John Howell, Harry Sen�row. Absent: Chuck Lovett, Jon Meyer. 2. Attarney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. � 5. Petitioner: Richard and Rita Adaans, 1618 West Lincoln Road, McHenry IL 60050. 6. Attorney for Petitioner:M�7itello,Z,anck and Coen represented by Mark Saladin,40 Brink Street, Crystal Lake, IL 60014. 7. City Council MemberslStaff: None. 8. Court Reporter:None. 9. Registered �bservers/Objectors: None. NOTICE OF PUBLICATION Notice af this hearing was published in the Northwest Herald on August 5,2000. Publisher's Certificate of Publication is on file with regazd to this matter in the City Clerk's Office. Notices were mailed to abutting property owners. An affidavit of service via certified mailing is on file in the Office of the City Clerk. LOCATION The location of the subject property is the northwest corner of Route 120 and Adams Drive in the Adams Business Center. `.. SUMMARY The Petitioners are requesting a conditional use to permit the construction and operation of a Culvers Restaurant with a drive through facility on the subject property. Page 2 ZBA-Adams/Culvers 8121/04 � TESTIM(►NY Chairman Semrow swore in the following witnesses for the Petitioner: � Richard Adams, 1618 West Lincoln Road, McHenry IL 60050 ■ Charles Mionske, Mionske Surveying, 2024 Route 176, Crystal Lake, IL 60014. Attorney Saladin noted the subject property is part of Adams Business Park and is located at the nortnwest corner of the intersection of Adams Drive and Route 120. There is no clirect access to the lot from Route 120. Access is attained from Ada.ms Drive, approximately 240'north of its intersection with Route 120. The petitioners intend to erect and operate a Culver's Restaurant on the site with a drive- through facility. Attorney Saladin stated the property is currently zoned C-5 Highway Commercial which allows the requested conditional use. The building will be approximately 4,4Q0 square feet in area. There will be stacking space for five vehicles as required by ordinance. QUESTIONS BY MEMBERS OF THE BOARD Ekstrom inquired as to the hours of operation. Mr. Adams responded the restaurant will be open from 10:30 a.m until 10:Q0 p.m. Chairman Semrow asked if the dumpster area would be screened. Mr. Adams responded the enclosure would be constructed of brick, similar to the building. � Franzen asked the proposed time frame for construction. Mr. Adams indicated he e�ected to complete the building within ten weeks from the onset of construction. Cadotte asked the potential number of employees to be generated by the restaurant. Mr. Adams responded approximately 50 employees, many of which would be part time. Attarney Saladin went over the Approval Criteria as stated in the Petition. Chairman Semrow said, "there being no further testimony before the Boazd with regard to this matter, the Board will consider tlus 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 Franzen, seconded by Ca.dotte, to recommend to the CiTy Council that The Petitioner's request for a conditional use to permit the construction and operation of a restaurant with a drive-through facility at 1101 Adams Drive, Lot 2 of Adams Business Park be granted; and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance has been met. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstainin�: None. `.- Absent: Lovett, Meyer. Motion carried 5-0. Page 3 �BA-Adams/Culvers � 8/21/04 ADJOURNMENT Chairman Semrow adjourned the Heazing at 7:41 p.m. Respectfull sub 'tted, Harry Se w, Chairman Zoning Bo d of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), CiTy Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman,Northwest Herald, The Sun, File Copy.Z-511 � �