HomeMy WebLinkAboutMinutes - 8/7/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS
AUGUST �, 2000
CITY OF MCHENRY
� IN THE MATTER OF THE APPLICATION OF ) Z-399(25)
CHRISTINE AND DAVID ZICKUS FOR A MAP ) Zickus
AMENDMENT AND CONDITIONAL USE PERNIIT )
PIJRSUANT TO THE CITY OF MCHENRY ) 2350 W Rte 120
ZONING ORDTNANCE,MCHENRY COLJNTY, ) Map amendment/Cond Use
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 7, 2000. Chairman Semrow called the
meeting ta order at 7:30 p.m. The following were present:
1. Zoning Board Members: George Cadotte, Paula Ekstrom, Chuck Lovett, Jon Meyer, Harry
Sernrow. Absent: Darick, Franzen, John Howell.
2. Attorney for Zoning Board: David W. McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
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5. Petitioner: Christine and David Zickus, Tool Land, 2350 West Route 120, McHenry IL 60050.
6. Attorney for Petitioner: Kenneth Clark, 425 Lake Street, Antioch, IL 60002.
7. City Council Members/Staff: None.
$. Court Reporter: None.
9. Registered Observers/Objectors: None.
NOTICE OF FUBLICATION
Notice of this hearing was published in the Northwest Herald on July 11, 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. 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 2350 West Route 120,McHenry IL 60050. It is currently being
utilized as Tool Land.
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� SUMMARY
The Petiti�ners are requesting a map amendment to C-5 Highway Commercial Zoning District with a
condition�,l use pernut to allow the operation of outside storage and sale of landscape materials and
seasonal products.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
■ David Zickus, 401 Brookwood Trail, McHenry, IL 60050
■ Christine Zickus, 401 Brookwood Trail, McHenry IL 60050.
Attorney Clark stated the Petitioners purchased the property 12 yeazs ago. It was annexed to the City
of McHenry under Court Order along with other properties east of the Fox River in August 1995. T'he
property is comprised of approximately 1 acre and is being utilized for a retail establishment. For the
record, Mr. Clark noted the Petitioners do about $2.5 million in retail sales each year. Sales include
tobacco products, automotive products, and miscellaneous household items.
Attomey Clark stated the subject property was previously presented to the Zoning Board for
consideration of a map amendment and a use variance. However,the reclassification was not completed
and the use variance was not granted. Several issues remained outstanding such as onsite storage of
merchandise in trailers, pennants and flags, temporary uses and signs, in addition to tent sales.
Consequently, the property is still zoned E-Estate, which was granted upon anne�tion in 1995. Since
that time, however, the outstanding issues l�ave been resolved.
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At this time, the Petitioners are seeking reclassification to C-5 Highway Commercial and a conditional
use pernut to allow the operation of outside storage and retail sales of landscaping materials and
seasonal products. The building on the site is 4,500 square feet in area. Attorney Clark stated the
Petitioners are requesting a conditional use permit to allow the outside storage of landscape-related
materials and other seasonal merchandise.
QUESTIONS BY MEMBERS OF THE BOARD
Cha.irn�an Semrow noted the trailers have been removed from the premises. However, in investigating
the sight preparatory to this evening's hearing, he noted there are stacks of wood at the rear of the
building. Mr. Zickus responded there is a skid of firewood in back of the building. Semrow opined the
City must determine the e�ct area which will be utilized for outside storage of retail sales products.
Attorney Clark stated the outside storage azea would be limited to a 40' wide by 80' Iong area located
in the northwest corner of the paved portion of his lot. Mr. Zickus stated nothing will be stored in back
of his build'mg;however, his dumpster is situated in this area.
Lovett asked the Petitioner to identify the specific items that would be stored and sold outside of his
building. Mr. Zickus stated the following items woutd be included in the outside storage area:
• Earth Products: sand, dirt, mulch;
. p�p��
■ Christmas Trees;
■ Evergreens, shrubs, bedding plants;
`— • Kock Salt;
■ Camp fire wood;
• }�encing materials.
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� He noted a.11 items would be bagged and stacked for retail sa1e.
Meyer asked if the area would be open or fenced 'm to provide screening as recommended by Sta� Mr.
Zickus stated he was not intending to fence the outside storage area. In response to Sta�s inquiry, Mr.
Zickus said there is a 50' setback between his paved parking lot and his north(reaz) property line. In
addition, there is a 20-30' high berm with foliage and trees which buffers his business from the adjacent
residential properiy to the north
In response to Ekstrom's inquiry, Mr. Zickus stated his hours of operation are 8:00 a.m. unti17:00 p.m.
on Monday through Saturday; 9:00 a.m unti14:00 p.m. on Sunday. In response to further inquiry, Mr.
Zickus stated parking lot lights shine downward and remain illuminated through the night.
Lovett asked if the outside storage was considered a prima.ry use or an accessory use. Attorney Clark
responded it is an accessory use which compliments the principal use of the property. Lovett asked the
Petitioner to address the Staffrecommendation conta.ined in the Agenda Supplement far this Hearing,
namely:
■ All outdoor storage shall be contained within an area depicted on a site plari, and shall be
limited to a specific list of products, as defined by the applicant prior to final approve by the
Zoning Boazd of Appeals and City Council;
■ The outdoor storage azea shall be set back a minimum of 50 feet from the north properly
line,which is the existing edge of the blacktop parking area;
■ Landscaping andlor solid fencing shall be installed and maintained azound the perimeter of
\.. the outdoor storage area, as defined by the applicant prior to final approval by the Zoning
Board of Appeals and City Council.
Attorney Clark responded with regard to Item#1, the Petitioner will indicate on a copy of the site plan
the 40' by 80' area which will be utilized for outside storage. The Petitioner has already compiled a list
of those products which would be stored and sold in this azea as stated above. Regarding Item#2, the
outside storage area will be set ba�ck at least 50' from abutting residential property to the north,as the
paved parking lot is 50' from the north property line. As previously attested, the outside storage area
will be contained within the northwest corner of the paved portion of the property. Finally, regarding
Item#3, if the City should require some type of screening, the Petitioner will look at options including
landscaping the perimeter, specifically to the north to buffer the outside storage area from the adjacent
residential property. However, the Petitioner is not willing to entirely fence-in the outside storage area.
This would not be practical and would be cost-prohibitive.
A lengthy discussion followed regazding Item#3 and how much and what type of screening should be
required to protect the adjacent residential property. Maggio pointe�out if fencing is installed it would
have to be solid, either wood or sla.tted chain link. It was the consensus of the Board screening to the
north should be required. However, there was no consensus regarding screening the property to the
south from Route 120. It was noted the properties to the east an,d west of the site contained commercial
uses, and screening should not be required.
Discussion occurred regarding defining the area to be utilized for outside storage. It was suggested if
�- a fence were installed, it could represent the e�rterior perimeter of the permitted outside storage azea.
Further discussion followed regarding lighting the outside storage area for customer safeiy after dark.
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Attorney (;lark suggested the Petitioner plant mature azbor vitae trees along the north border of the
outside starage azea in an effort to screen this area from the residential property. He further suggested
a light pole be utilized to provide a line of demarcation for the perimeter of the outside storage area. The
light pole�Nould serve a dual purpose:
■ Provide lighting to the outside storage azea;
■ Provide a point of delineation for the south and east boundary of the outside storage area.
Meyer suggested the arbor vitae be pla.ced along the entire north properry boundary iri order to more
effectively screen the use from adjacent residences.
CLOSING STATEMENT
T'here was no closing sta.tement by the Petitioners.
Chairman Semrow said, "there being no fiu�ther 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
Board. There being no motion to recess, the Chair will entertain a motion with regazd to this Petition."
RECOMMENDATION
Motion by Lovett, seconded by Cadotte, to recommend to the City Council that
The Petitioner's request for a map amendment to C-5 Highway Commercial Zoning District be
`.. granted;that the Petitioner's request for a conditiona.l use permit to a11ow outside storage and
retail sales of landscape and seasonal materials, i.e.
• Earth Products: sand, dirt, mulch;
. p�p��
■ Christmas Trees;
■ Evergreens, shrubs, bedding plants;
■ Rock Sa1t;
■ Camp fire wood;
■ Fencing materials;
be granted; subject to the following conditions:
• The area to be utilized for outside storage shall be defined as the northwest corner of the
paved portion of the parking area on the subject premises, set back at lest 50' from the
adjacent residential property to the north;
■ The items to be stored and/or sold shall be limited to those stated above;
■ A light pole shall be installed at the southeast point of the deiineated outside storage area,
and shall serve as a 90 degree angle marker to the west and north, of the southeast corner
of the storage area;
■ Said light pole shall be affixed with a light fixture to illuminate the outside storage area;
■ Mature Arbor Vitae shrubs shali be densely planted along the 40' northern boundary of the
outside storage area to screen the adjacent residential properties;
and that Tabie 33, the Approval Criteria for Map Amendments, page 401 of the Zoning
Ordinance has been met; and that Table 31, the Approval Criteria for Conditional Uses,pages
�-- 357-358 of the Zoning Ordinance has been met.
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DISCUSSION ON THE MOTION
Ekstrom opined she did not see the wisdom of having a light pole in the middle of the paring lot, but this
would not prohibit her from supporting the conditional use request.
Chairman Semrow stated the light would illuminate the outdoor retail area for consumers as well as
employee�. It is also important to define the exact boundary of the outside storage area, and the pole
would seem to accomplish this function, as well.
VOTING ON THE MOTION
Voting Aye: Cadotte, Ekstrom, Lovett, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Franzen, Howell.
Motion carried 5-0.
ADJOUR�IMENT
Motion by Meyer, seconded by Ekstrom, to adjourn the Public Heazing.
Voting Aye: Cadotte, Ekstrom, Lovett, Meyer, Semrow.
L. Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Franzen, Howell.
Motion carried 5-0. The Hearing was adjourned at 8:40 p.m.
Respectfully submi d,
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Harry Se w, Chairman
Zoning Board of Appeals
c: Zoning Boazd of Appeals Members (7), Plan Commission Members (7), City Administra.tor,
Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z
Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy.Z-399(25)
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