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HomeMy WebLinkAboutMinutes - 5/1/2000 - Zoning Board of Appeals ZONING B�ARD OF APPEALS MAY 1,2000 CITY OF MCHENRY ,� IN THE MATTER OF THE APPLICATION OF ) Z-498 CHRISTINE GALANOPOLTLOS, FOR A MAP ) Galanopoulos AMENDNtENT UPON ANNEXATION ) Map Amendment PURSUANT TO THE CITY OF MCHENRY ) BeachDii� ZOIVING 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 May 1, 2000. Chairman Semrow called the meeting to order at 7:35 p.m. The following were present: l. Zo�ung Board Members: George Cadotte, Darick Franzen, Paula Ekstrom, John Howell, 3on Meyer, Harry Semrow. Absent: Chuck Lovett. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Absent. 4. City Planner: Phillip Maggio. �. 5. Petitioner: Christine Galanopoulos, 3503 Beach Drive, McHenry IL 60050. 6. Attorney for Petitioner: Edward Dean, 17 East Crystal Lake Avenue, Crystal Lake,IL 60014. 7. City Council Members/Staff• None. 8. Court Reporter:None. 9. Registered Observers/Objectors: Debra Harness, 3501 Beach Drive, McHenry IL 60050 Jeff Hodgins, 3505 Beach Drive, McHenry IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on Apri15, 2000. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were ma.iled 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 at the southeast corner of the intersection of Barreville Road and Beach Drive, currently outside the McHenry corporate limits and comprised of 2.33 acres. � Page 2 ZBA-Galanopoulos 5/1/00 � SUMMARY The Petitioners are requesting reclassification upon annexation to the City of McHenry to RS-2 Medium High Density Single Family. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: ■ Christine Galanopoulos, 3503 W. Beach Drive, McHenry, IL 60050 ■ Jim Condon, Condon Consulting Engineers, 5404 W. Elm Street, McHenry IL 60050. Attorney Dean explained the Petitioner is seeking RS-2 Medium High Density Single Family Zoning for the subject property upon annexation to the City of McHenry. He noted there is currently one single family residence on the property. The proposed Preliminary Plat shows 6 residentiallots. He noted Staff has reviewed the preliminary engineering for the project. QUESTIONS BY MEMBERS OF THE ZONING BOARD OF APPEALS Chairman Semrow inquired as to how the dra.inage would be removed from the property. Mr. Condon responded the City has a catch basin in place. He noted the Petitioners would increase the size of the basin, and would provide draina.ge easements on each lot. The surface water runoff would be piped through the drainage easements to the catch basin. Mr. Condon also noted the e�cisting culverts would be resized to accommodate the additional flow. Maggio stated the preliminary engineering has been reviewed and approved by City Engineers Baxter and Woodman. � In response to Board inquiry, Mr. Dean stated all lots conform in size to the RS-2 Zoning District. He noted an increased setback would be utilized on Lots, 4, 5, and 6 to help blend the front building lines on Beach Drive. QUESTIONS BY OBSERVERS/OBJECTORS Mr. Jeff Hodgins, 3505 Beach Drive• Mr. Hodgins stated he lives adjacent to the subject property, and he e�ressed concern regarding the proposed size of the lots,particularly Lot 6, at the east edge of the property, which would abut his property. He asked if there was any way the size of lot 6 could be enlarged, or if the Petitioner could remove it from the plat of subdivision. Mr. Hodgins stated his house is set back approxirr�ately 90' from the Beach Drive pavement and Ms. Galanopoulos house is setback appro�mately 90' from the Beach Drive pavement. He stated he would not be happy looking at the back of somebody's house which would be built beyond the front of his building. It would impede his sight lines. Mr. Hodgins stated during last yea.r's heavy rain the detention pond came very close to overflowing, He is concerned about ha.ving more homes in the neighborhood and having more dra.inage flow into the detention pond. Mr. Hodgins stated there is erosion of the land in and surrounding the detention pond which should be addressed. 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 Board. There being no motion to recess, the Chair will entertain a motion with regard to this Petition." � Page 3 ZBA-Galanopoulos 5/1/00 � RECOMMENDATION Motion by Meyer, seconded by Cadotte, to recommend to the City Council that The Petitioner's request for a map amendment to RS-2 Medium Density Single Family District upon annexation to the City of McHenry be granted and that Table 33, the Approvai Criteria for Map Amendments, page 401 of the Zoning Ordinance has been met. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Lovett Motion carried 6-0. ADJOURNMENT Chairman Sernrow stated, "there being nothing further before the Board with regard to this matter,the Public Hearing is adjourned at 8:20 p.m. Respectfully su ' ed, � ��� Harry Se ow, Chairman Zoning Boazd 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, Landmaxk Commission Chairman,Northwest Herald, The Sun,File Copy.Z-498 � ZONING BOARD OF APPEALS MAY 1, 2000 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-499 THORNTON OIL CORPORATION FOR A ) Thornton Oil CONDITI��NAL USE PERMIT ) Cond Use/Variance PURSUANT TO THE CITY OF MCHENRY ) W Route 120 ZONiNG()RDINANCE,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 April 17, 2000 and recessed to May l, 2000. Chairma.n Semrow called the meeting to order at 8:35 p.m. The following were present: 1. Zoning Board Members: George Cadotte, Darick Franzen, Paula Ekstrom, John Howell, Jon Meyer, Harty Semrow. Absent: Chuck Lovett. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Absent. 4. City Planner: Phillip Maggio. � 5. Petitioner: Thornton Oil Company represented by Tim Ryan, 10101 Linn Station Road, Louisville, KY. 6. Attorney for Petitioner: None. 7. City Council Members/Staff• None. $. Court Reporter: None. 9. Registered Observers/Objectors: Otto Hertel, 1006 N Chapel Hill Road, McHenry IL 60050 Dolores Hertel, 1006 N. Chapel Hill Road, McHenry IL 60050 Riverside Chocolate Factory, c/o Bob Hunter, 2102 W. Rte 120, McHenry IL 60050 Randy Funk, Jr. 2203 Country Lane, McHenry IL 60050 Robert&LuAnn Jenovai, 2102 W. Holly Ct, McHenry IL 60050 Harold Grabbe, 2201 Country Lane, McHenry IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on April l, 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. Page 2 ZBA-Thornton 5/1/00 LOCATION � The subject property is on the northwest corner of Route 120 and Chapel Hill Road, behind the Riverside C'hocolate Factory(2102 W. Route 12�) currently vacant and unimproved. SUMMARY T'he Petitioners are requesting a conditional use permit to allow the construction and operation of a Thornton Oil Quick Cafe and Market, as well as an automobile service station. In addition,the Petitioner is seeking a variance to permit the construction and operation of an automobile service station within 600 feet of an existing automobile service station. The subject property is currently zoned C-5 Highway Commercial. TESTIMONY Chairman Semrow swore in the following witness for the Petitioners: ■ Tim Ryan, Thomton Oil Corporation, 10101 Linn Station Road, Louisville, Kentucky. Mr. Ryan stated the Petitioners aze seeking a conditional use and a variance to pernut the construction and operation of an automobile service station behind Riverside Chocolate Factory locateci at 2102 West Route 120. The proposed site plan and landscape plan have been submitted for Zoning Board review. He noted Thornton Oil owns and operates all of their facilities; they are not franchised. The facility would include a convenience food mart. Mr. Ryan stated although the proposed service station is within 600 feet of the Shell Station at the northeast corner of the intersection of Chapel Hill Road and Route 120, the Shell Station is located in unincorporated McHenry County and not within the jurisdiction of the City of McHenry. However, pursuant to Staff recommendation, a variance to allow the proposed �- station within 600' of the Shell Station is being sought. QUESTI4NS BY MEMBERS OF THE ZONING BOARD OF APPEALS Cadotte noting the Petition stated there will be limited ca.pacity for the sale of fuel oil, asked for clarification. Ryan responded diesel fuel and kerosene fuel sales will be available on a limited basis; however,they do not represent a major portion of the station's business and/or revenue. Cadotte stated he has a problem with the proposed station being located within 600' of an eaysting station. He also expressed concern with traffic congestion and flow onto Chapel Hill Road and Route 120. Ryan stated the property is zoned C-5. The proposed used falls into the parameters of C-S zoning. He noted the egress onto Route 120 would be right-in right-out. Ekstrom inquired as to the proposed hours of operation. Ryan responded it would be a 24 hour/day operation. Ekstrom asked if the Petitioners would be seeking a liquor license for this location. Ryan responded they would not be selling alcoholic beverages. Semrow asked how many Thornton Stores are located in the Chicagoland area. Ryan responded there are thirty-three, of which 80%ha.ve a liquor license. Meyer asked how many Thornton Stores have closed within the last ten years. Ryan responded he did not know, although there were inevitably some due to redesign or relocation. If a station is closed, all pumps and tanks would be removed. � Page 3 ZBA-T'hornton 5/1/00 Franzen asked if there had been any discussion with Riverside Chocolate Factory to combine access � points and to address traffic congestion in this area. Ryan responded the owner of the Riverside Chocoiate Factory has b�n provided with a site plan but no further discussion has taken place. Franzen asked if the [llinois Department of Transportation(IDOT)had been consuited regarding the two existing access points on the Riverside Chocolate Factory property and Thornton's proposed right-in right-out being within 160' of those access points. Maggio noted IDOT's jurisdiction is limited to State Route 120. He stated Staff has recommended a joint access between the Riverside Chocolate Factory and Thornton's Store. He noted the existing entry onto Route 120 from the Riverside Chocolate Factory is substandard. Therefore, traffic could not be funneled from Thornton's through Riverside Chocolate Factory onto Route 120. Maggio stated IDOT l�as approved the right-in right-out onto Route 120 which will be located appro�tely 200-300' west of the intersection of Route 120 and Chapel Hill Road. Maggio said if there is an internal connection between Thornton's and Riverside Chocolate Factory the direct egress onto Route 120 from Riverside Chocolate Factory would be eliminated. Maggio stated IDOT has provided a letter to that effect to the City of McHeruy. The County has not provided correspondence regarding the access point onto Chapel Hill Road which is under their jurisdiction. Franzen asked what the plans aze for the property immediately west of the Thornton Property. Ryan stated the plans for a shopping center aze very preliminary and no site plan is available at this time. Semrow asked what is being proposed for the curb cut on Chapel Hill Road. Ryan responded full access is being requested onto Chapel Hill Road. Semrow questioned the safety of the proposed curb cuts and traffic flow at this intersection, In response to Semrow's inquiry, Ryan said the County has given verbal approval of a single curb cut onto Chapel Hill Road as far away from its intersection with Route 120 � as possible. Written approval andlor comments from the County will be sought. QUESTIONS FROM OBSERVERS/OBJECTORS Randy Funk, 2203 Country Lane: Mr. Funk asked where the 35' dimension shown on the site plan's north side is drawn from. Ryan stated the 35' shown is for a paved drive along Thornton's north property line and it is owned by the First Midwest Bank Trust No 1105. He said there is an additional 150' of property north of the paved drive which is also owned by the trust. Harold Grabbe. 2201 Country Lane: Mr. Grabbe expressed his displeasure with the hearing being recessed from April 17`h to May 1�and lack of notification to abutting property oumers. Regazding 24 hours/day service, Mr. Grabbe stated he is not in favor of having this operation around the clock, the lighting and littering and noisy traffic which would ensue. Ryan stated Thornton's property will not abut the residential properties. The lighting utilized will not flow beyond Thornton's property limits. The property would be maintained to prevent accumulation of trash and litter. Mr. Grabbe asked the proposed location of the refuse dumpster. Ryan responded it would be located on the east side of the property erected with a concrete block enclosure and wooden gates. Otto Hertel, 1Q06 N, Chapel Hill Road: Mr. Hertel lives across Chapel Hill Road from the proposed Thornton Store. He stated since the County installed the third traffic lane on Chapel Hill, he is unable to leave his driveway without a long wait. He asked, with a proposed access point directly across the road from him, how will he be able to get out of his property onto Chapel Hill Road. Ryan responded �-- a deceleration lane will be installed southbound on Chapel Hill Road, plus a left turn lane northbound at Thornton's access point. Hertel asked what would happen with surface water runof� Ryan stated a detention pond on the adjacent property is being proposed which would handle the flow from this Page 4 ZBA-Thornton 5/1i00 � property. Engineering review and approval would be required as part of the permitting process. LuAnn Jenovai. 2102 Holly Court: Ms. Jenovai expressed concern for children traveling to and from the candy store—how will they get there safely in view of all the curb cuts?T'hey currently go via the open field. Ms. Jenovai, referencing the right-in-right-out at McDonald's on South Route 31 at Bull Valley Road, stated a right-in right-out on route 120 could not be adequately enforced. Harold Grabbe. 2201 Country Lane: What will you do with snowmobilers in the winter time?Will you service them and sell them gasoline?Would you consider servicing only cars and trucks?Is there going to be a landscape screen to buffer Thornton Oil property from the residential property?Ryan stated he will do whatever is necessary to buffer the Thornton property from the abutting property to the north and west. (:hairman Semrow clairifed the Thornton property will not directly abut any residential properties. "There would be 180' between Thornton Oil Property and the residential properties to the north. Chairnian Semrow inquired as to the 5.96' foot side yard setback to the north of the building. Ryan stated the building would be moved back on the site plan to meet all butk area requirements. Bob Hunter,Riverside Chocolate Factorv: Mr.Hunter expressed concern for children's safety. He noted between 70-120 tours are conducted annually for scout troops, school classes, etc. from all over the azea. He stated he is not in favor of losing his direct access to Route 120 and Chapel Hill Road. He is not opposed to common egress onto Route 120 with Thornton O�.If there is another curb cut on Route `., 120 there will be more traffic problems. Mr. Hunter stated he would request Thornton assure the safety of the children patronizing and touring his establishment. Mr. Hunter stated his second concem references an inground gas tank within 200' of a private well. It would appear the tanks wiil be located within 90' of his well. Ryan stated he understood that the buried tanks could not be located within 200' of a private well on the property. Otto Herte1.1006 N. Chapel Hill Road: Mr. Hertel provided the Boazd with photos indicating the litter on Chapel Hill Road and Route 120 due to the existing service station. Meyer asked what type of signage is anticipated for the site. Ryan responded Thornton will erect a monument sign as requested by Staff. Setback requirements would be met. Ekstrom referencing the deceleration lane on Chapel Hill Road, asked if there would also be a deceleration lane on Route 120. Ryan stated IDOT would require the deceleration lane. Discussion occurred regarding the type of deceleration lanes which would be installed. In response to an inquiry, Ryan stated the washrooms would be accessed only from inside the building. Chairman Semrow, referencing the Community Development Staff Report, expressed confusion regarding the Staff Recommendation on page 3,paragraph 2(a). Maggio clarified the recomrnenda.tion was to eliminate the southernmost access point onto the private egress drive to Route 120. Maggio `-- stated the site plan shows two access points onto the private egress drive. It is Sta�s recommendation the southern access point would interfere with traffc entering the drive from Route 120, and that any access to the drive be at least 100' north of the Route 120 property line. Petitioner Ryan stated he does Page 5 ZBA-Thornton � 5/1/00 not agree w�th this proposition. He responded the curb cut is necessary to accommodate internal traffic flow on the site. Ryan stated he would be willing to erect "No Exit" signs at the southern curb cut to prevent traffic interference at this point_ General discussion occurred regarding the mternal traffic flow of the site. Staff suggested making a southern access point right-in right-out from the site onto the access drive along the west property line. Further discussion followed regazding the Staffrecommendations as specified in paragraphs 1 through 4 of the Cornmunity Development Department Report. Although preliminazy talks have taken place regarding the joint access between Riverside Chocolate Factory and Thornton Oil, no cross-access easement agreementf. Discussion continued. Petitioner Ryan asked how the cross-access easement agreement can be implemented as a requirement of conditional use. Attorney McArdle resgonded the City can impose whatever conditions it deems necessary in terms of safety in the event the conditional use is approved. Further discussion ensued regarding the existing Riverside Chocolate Factory curb cuts, safety issues, and a potential cross-access easement agreement which could potentially eliminate the Chocolate Factory curb cuts. Mr. Hunter expresses concern regarding the rem�val of his existing curb cuts. He is not opposed to a joint access as long as he is provided with direct access to his property. � Discussion followed regazding the location of the full access point onto Chapel Hill Road. Maggio reminded the Board the County has not given approval to this proposed plan as of this time. CLOSING STATEMENT BY PETITIONER Ryan stated it is the intent of Thornton Oil to build a quality facility if the conditional use and variance are granted. As far as the concerns mentioned by the neighbors, noise, littering, lighting will a11 be addressed. The property will be properly maintamed. Thomton Oil will retain ownership of the property and the facility. Thomton Oil will work with the owner of the Riverside Chocolate Factory to address a11 safety and egress concerns. CLOSING STATEMENTS BY OBSERVERS/OBJECTORS Rand,�Funk; 2203 Country, Lane: "A lot of concerns have been raised. The greatest concern is traffic along Chapel Hill Road. I recognize this property will be developed. What we as neighbors are asking is that we receive the respect we provide to each other as neighbors regarding the lighting, refuse and trash. We are concerned that the quality of life we enjoy at this time will not be ditnu»shed and that our property values will not go down." Otto Hertel, 1006 N. Chapel Hill Road: "I am going to make a statement regazding traffic too.Just from what I've seen in the 24 years we ha.ve lived at this location. In the past 1 1/z years with all of the traffic generated by the e�ension of Chapel Hill Road, this is not a place for a gas station. We are not going to be able to get out onto the road. With a gas station and the new school on Lincoln Road, we wi11 never be able to get out of our driveway. I am of course concerned regarding the littering as I have `- shown you in my photos." Page 6 ZBA-Thornton 5/1/00 � 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 Boaxd. There being no motion to recess, the Chair will entertain a motion with regard to this Petition." RECOMM ENDATION Motion by Meyer, seconded by Franzen,to recommend to the City Council that The Petitioner's request for a conditional use to allow the construction and operation of an automobile service station be granted;that a variance to permit the operation of an automobile service station within 600' of an e�sting service station be granted; that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance has been met; and tha.t Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. DISCUSSION ON THE MOTION Meyer stated he would prefer to include Sta�s recommendation within the context of the motion; however, there is not much the City can do to require a cross-access easement agreement between the two parcels in question when they are not owned by the same property owner. The only property in question before this Board is the Thornton Oil Property. The Petitioner has agreed to the right-in right-out at the first access point north of the access drive from Route 120. Meyer amended his motion to include this stiplula.tion, � Meyer asked why the City imposed a 600' setback between gasoline stations in the City of McHenry. Chairman Semrow recalled the 600' setback from one automobile service station to another was included to prevent service stations from being erected on all corners of intersections. Howell referencing the private well issue, asked if the site plan could be reconfigured to assure a 200' setback from the well at the Riverside Chocolate Factory. Ryan responded the tanks could be relocated to the northwest corner of the property. Semrow stated his preference for right-in right-out at the access point to Chapel Hill Road. AIVIENDED MOTION Motion by Meyer, seconded by Franzen, to recommend to the City Council that The Petitioner's request for a conditional use to allow the construction and operation of an automobile service station be granted;that a variance to permit the operation of an automobile service station within 600' of an e�sting service station be granted subject to the following condition: The southernmost access to the access drive from Route 120 be designated right-in right- out only and shall be improved with island curbing; that Table 31,the Approval Criteria for Conditional Uses,pages 357-358 ofthe Zoning Ordinance has been met; and that Table 32, the Approval � Page 7 ZBA-Thornton 5/1/00 �,. Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Meyer. Voting Nay: Semrow. Not Voting; None. Abstaining: None. Absent: Lovett Motion carried 5-1. The Public Hearing was recessed at 10:30 p.m Respectfully sub ed, 1�.�� 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-499 � �