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
�
�