HomeMy WebLinkAboutMinutes - 7/11/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JULY 11, 2000
CITY OF MCHENRY
� IN THE MATTER OF THE APPLICATION OF ) Z-492
KENNETH A. EHREDT, FOR A MAP AMENDMENT ) Kenneth Ehredt
AND CONDITIONAL USE UPON ANNEXATION )
PURSUA'�TT TO THE CITY OF } 3310 Bull Valley Rd
MCHENRY ZONING ORDINANCE, MCHENRY ) Map amendment and
COUNTY,ILLINOIS. ) Use Variance
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 July 10, 2000. Cha.irman Semrow called the
meeting to order at 7:30 p.m The following were present:
1• Zoning Board Members: George Cadotte, Paula Ekstrom,Darick Franzen, John Howell, Chuck
Lovett, Hazry Semrow. Absent: Jon Meyer.
2. Attorney for Zoning Board: Regan Shepley.
3. Recording Secretary: Kathteen M. Kunzer.
4. City Planner: Phillip Maggio.
L.
S. Petitioner: Kenneth Ehredt, 3310 West Bull Valley Road, McHenry IL 60050.
6. Attorney for Petitioner: Diamond and LeSueur represerrted by Marvin Keys, 3431 West Elm
Street, McHenry IL 60050.
7. Citv Council Members/Staff• None.
8. Court Reporter: None.
9. Registered Observers/Objectors: Windsor Development represented by Sharon Glusica, 1550
Todd Farm Drive, Elgin Illinois 60123.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on June 24, 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 affida.vit of service via certified ma.iling is on file in the Office of the City
Clerk.
LOCATION
The location of the subject property is 3310 West Bull Valley Road, McHenry IL 60050.
�
Page 2
ZBA-Ehredt
7/10/QO
�, SUMMARY
The Petitianers aze requesting upon annexation a ma.p amendment to RS-1 Low Density Singie Family
Residentia(and a use variance to permit the continued operation of the Petitioners underground utility
installation business on the premises.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioners:
■ Kenneth Ehredt, 3310 West Bull Va11ey Road, McHenry, IL 60050
Attorney Iteys informed the Board the Petitioner is seeking reclassification upon annexa.tion to RS-1
Low Density Single Family Zoning District. In addition, he is requesting the granting of a use variance
to pernut the continued operation of his construction business on the premises. T'he Petitioner is willing
to put a five-year cap on the use variance, as part of the annexation agreement currently under
consideration by the City.
Mr. Ehredt stated he currentIy resides on the premises in conjunction with operating his underground
utility installation business on the site. He will continue to reside at this location,although he is planning
to move his business operation to a larger location within the next five years. He noted his business has
been located on this site since 1986. Mr. Ehredt stated his property is screened from adjacent land as
follows:
West 6' high cedar fencing
North chain link fence and screening
� East natural hill
South berm, residence and bushes/shrubs.
Attorney Keys went over the Approval Criteria for map amendments and use variances as stated in the
text of the petition.
Petitioner l?hredt said this property has been in the process of being annexed for the past five years. Due
to family health problems, the matter has been delayed and rescheduled several times.
QUESTIONS BY MEMBERS OF THE ZONING BOARD OF APPEALS
Howell asked how the land would be restored following termination of the use variance in five yeazs.
Mr. Ehredt responded the land would be topped with black dirt and reseeded. Howell inquired why the
Petitioner is seeking annexation to the City rather than securing proper zoning from McHenry Courrty.
Mr. Ehredt said his property is currently surrounded by land within the City of McHenry corporate
boundaries. It seemed logicai to seek annexation to the City at this time rather than go through the
process two times: once before the County, and secondly, before the City when the property is
eventually annexed by the City.
Cadotte asked if there were any plans to join with adjacent property owners to the east to create a
residential development. Mr. Ehredt responded there are no plans to develop the property further. The
property to the east is owned by other family members, and there aze no plans at this time.
`- Ekstrom asked if the Petitioner would be connecting to City utility services. Mr.Ehredt said he has been
connected to City sanitary sewer for about 4 yeazs.No city water is available as yet.
Page 3
ZBA-Ehredt
7/10/00
� Chairman Semrow referenced the Windsor Development Corporation correspondence of Ju1y 6, 2000,
and asked if the Petitioner would consider reducing the request for a five-year cap on the use variance.
Semrow noted Windsor Development, an adjacent property owner to the north who is developing the
Village Gr�en Senior Residential complex, is suggesting a two-yeaz cap on the use vaziance. Mr. Ehredt
noted his property is not currently in compliance with McHenry County Zoning. He has been seeking
a place to relocate his business for the past 1 to 2 years. He noted it is dif�icult to find an affordable
location which is properly zoned for his business and would permit outside storage of his equipment.
He stated he is not certain he would be able to relocate his business operation within a two-year time
period.
Ekstrom asked the amount of traffic generated by the construction business operation, Petitioner Ehredt
responded the employees arrive in the morning, leave their personal vehicles on the premises and go out
to the job site(s). They return at the end of the day to retrieve their personal vehicles. He noted there
is very little traffic generated by the business.
Chairman Semrow questioned Staff about the ternvnation of the use variance and how that could be
enforced. Maggio stated the use variance could be limited through the annexation agreement. Discussion
followed regarding changing the cap for the use variance to a shorter period of time. The Petitioner
agreed to amend the Petition on its face to reflect a three-year cap for the use variance.
Lovett stated the points referenced in the Staff Report should be included in the motion of
recommendation to City Council.
�
Chairn�an Semrow said, "there being no further testimony before the Board with regard to this matter,
the Boazd 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 Cadotte, seconded by Lovett, to recommend to the City Council that
The Petitioner's request for a map amendment to RS-1 Low Density Single Family Residential
Zoning District be granted; that the request for a use variance to permit the operation of an
underground utility installation business be granted, subject to the following conditions:
1. The boundaries of the outdoor storage area shall be depicted on a site plan of the
property prior to final approval;
2. The outdoor storage area shall be set back a minimum of 150 feet from the south
property line;
3. The e�cisting landscaping, berming, and fencing shall be maintained on the property.
These items shall be depicted on the site plan of the property prior to final approval;
4. Outdoor storage shall be limited to the following:
a. Pickup trucks
b. Bucket trucks
c. Dump trucks (six wheelers)
L' d. Box trucks
' Page 4
ZBA-Ehredt
7/10/00
�, e. Flat bed trucks
f. Trenchers
g, Directional boring machines
h. Backhoes
i. Trailers for machines
j. Cable and pipe reels
k. Cable pedestals
1. Cable trailers;
that the duration of the use variance shall be limited to a maximum of three(3)years which shall
be enforced through language inserted in the annexation agreement for this property; and that
Table 33,the Approval Criteria for Map Amendments,page 401 of the Zoning Ordinance has
been met;and that Table 32A the Approval Criteria for Use Variances,page 379 of the Zoning
Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Lovett, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Meyer.
Motion cazried 6-0.
�.
ADJOURNMENT
Chairman Semrow sta.ted, "there being nothing further before the Boazd with regard to this matter,the
Public Hearing is adjourned at 8:22 p.m.
Respectfully submi ted,
Harry Se ow, Chairman
Zoning Board 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-492
�..
, - .
ZONING BOARD OF APPEALS
JULY 11,2000
CITY OF MCHENRY
� IN TI-�E A1A.TTER OF THE APPLICATION OF ) Z-503
FIRST NDDWEST TRUST, UNDER TRUST ) Adams
NO. 13225 AND RECORD TITLE HOLDERS )
RICHAKI)AND RITA ADAMS FOR A MAP ) South of 3107 W Rte 120
AMENDMENT UPON ANNEXATION, PURSUANT ) Map amendment
TO THE CITY OF MCHENRY ZONII�TG 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 July 10, 2000. Chairman Semrow called the
meeting to order at 8:28 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 Boazd: Regan Shepley.
3. Recording Secretary: Kaihleen M. Kunzer.
� 4. City Planner: Phillip Maggio.
5. Petitioner: Richard Adams, 1618 West Lincoln Road, McHenry IL 60050.
6. Attorney for Petitioner:Militello, Zanck and Coen represented by Mark Saladin,40 Brink Street,
Crystal Lake, Illinois 60014.
7. City Council Members/Staff: None.
8. Court Reporter: None.
9. Registered Observers/Objectors:None.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on June 17, 2000. Publisher's Certificate
of Publication is on file with regazd to this matter in the City Clerk's Of$ce. 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 just south of 3107 West Route 120, McHenry IL 60050. It is
`-- approxima.tely 132 feet east of River Road and approximately 110 feet south of Route 120. It is
currently vacant and unimproved.
Page 2
ZBA-Adams
7/10/00
� SUMMARY
The Petitioners are requesting a ma.p amendment to C-5 Highway Commercia.l Zoning District upon
annexation to the City of McHenry.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioners:
■ Richard Adams, 1618 West Lincoln Road, McHenry, IL 60050
Attorney Salaldin stated the subject property is currently zoned Rl in McHenry County. The property
is comprised of two lots each approximately 66' X 150' in size. These two lots are immediately south
of two lots which were previously annexed to the City and zoned C-5 in 1995 when the City annexed
properties east of the Fox River. Attorney Saladin noted the four lots, when combined, will form a
sizeable piece of property which could be developed as C-5 commercial and would then be able to meet
all bulk and area requirements of the CS District.
Attorney Saladin pointed out there is a 66' wide right-of-way immediately south of the subject property.
It is not improved at this time, but is referred to as"South Street"in the County plat book. There are
no pla.ns to make any changes to the right-of-way,which currently serves as a good buffer for residential
properties to the.
Attorney Salad'm stated there is no current plan for the property once annexation and zoning have been
obtained. Mr. Adams noted these two lots were originally intended to be included in the east of the Fox
�. River anne�tion proceedings in 1995; however, they were overlooked due to clerical error. He was
advised to bring this request forward at a later time. He is now going forward with that process.
CLOSING STATEMENT
Attorney Saladin reaffirmed the statements made in the Petition referencing the Approval Criteria for
Map Amendments. He asked the Board to r�ake a recommendation to City Council that the Petitioner's
request for reclassification from Rl McHenry County to C-5 Highway Commercial be approved upon
annexation to the City of McHenry.
Chairman Semrow said, "there being no further testimony before the Board with regazd to this matter,
the Boazd 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 Howell, to recommend to the City Council that
The Petitioner's request for a map amendment to GS Highway Commercial Zoning District be
granted upon annexation;and that Table 33,the A,pproval Criteria for Map Amendments,page
401 of the Zoning Ordinance has been met.
Voting Aye: Cadotte, Ekstrom, Franzen, Howell,Lovett, Semrow.
Voting Na}: None.
�- Not Voting: None.
Abstaining: None.
Absent: Meyer.
� • Motion cazried 6-0.
Page 3
ZBA-Adams
7/10/00
�
ADJOURNMENT
Motion by l,ovett, seconded by Franzen, to adjourn the Public Hearing.
Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Lovett, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Meyer.
Motion carried 6-0. The Hearing was adjou.rned at 8:40 p.m.
Res ctfully sub 'tted,
Harry S ow, Chairman
Zoning Board 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-503
�