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Home My WebLink AboutMinutes - 4/17/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS APRIL 17, 2000 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) 2.q.gg THORNTON OIL CORPORATION FOR A ) Thornton Oil CONDITIONAL USE PERMIT ) Cond Use PURSUANT TO THE CITY OF MCHENRY ) W Route 120 Z�NING 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 Aprii 17, 2000. Chairman Semrow called the meeting to order at 7:59 p.m. The following were present: 1. Zoning Board Members: George Cadotte, Steve Doherty, Darick Franzen, Paula Ekstrom, John Howell, Harry Semrow. Absent: Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. � 5. Petitioner: Absent. 6. Attorney for Petitioner: None. 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 April 1, 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. tOCAT10N The location of the subject property is on west Route 120 and Chapel Hill Road, currently vacant and unimproved. � Pa�e 2 ZBA•Thornton 4/17/00 � SU_ MMARY The Petitioners are requesting a conditional use permit to allow the construction and operation of a Thornton Oil Quick Caf� and Market, as well as an automobile service station. R CESS Motion by Ekstrom, seconded by Cadotte, to recess the Thornton Oil Corporation Zoning Matter, File No. Z-499 to May 1, 2000 at 7:30 p.m. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. The Public Hearing was recessed at 8:01 p.m. espectfully submitted, ��`�Ol.� Harry Se ow, Chairman � Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Adrninistrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z_499 '`.. ZONING BOARD OF APPEALS APRIL 17, 2000 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-500 AMOCO ��IL COMPANY FOR A ZONING MAP ) Amoco 4il AMENDMENT AND CONDITI4NAL USE PERMIT ) Map Amendment PURSUANT TO THE CITY OF MCHENRY ) Amend Cond Use ZONING ORDINANCE,MCHENRY COUNTY, ) 5301 W Bull Valley Rd 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. Chairman Semrow called the meeting to order at 7:35 p.m. The following were present: 1. Zoning Board Members: George Cadotte, Steve Doherty, Darick Franzen, Paula Ekstrom, John Howell (arrived at 7:39 p.m.). Harry Semrow. Absent: Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. �. 5. Petitioner: Amoco Oil Company, 28100 Torch Parkway, Suite 300, Warrenville I L 60555. 6. Att�rney for Petitioner: Sidley and Austin represented by Greg Furda, 10 S. Dearborn Street, Chicago, I L 60603. 7. City Council Members/Staff: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTlCE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on March 31, 2Q00. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's �ffice. 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 5301 West Bull Valley Road, McHenry, � Pa�e 2 2BA-Amoco 4/17/00 �. S MMARY The Petitioners are requesting a coning map amendment from RS•1 to C-1 Community Commercial, and an amendment to an existing Conditional Use Permit (Ordinance 0- 89-506) to eliminat3 a required landscape buffer. TESTlMONY Chairman Semrow swore in the following witnesses for the Petitioners: 1. Jack Pease, 4501 Route 12, Richmond, I L 60071. 1. Kathy Loos Shaw, 4501 Route 12, Richmond, IL 60071. Attorney Furda explained the Petitioner is seeking to expand the land on which the service station is situated. In effect they are seeking the reclassification and granting an amendment to the conditional use permit to remove a 15' landscape buffer around the existing service station. He stated Amoco would like to increase the size of the Amoco Station lot. He noted the Preliminary Plat of Amoco M-1 Resubdivision will be presented to the Plan Commission on Thursday, April 20, 2000. John Howell arrived at 7:39 p.m. Attorney Furda stated when the Amoco property was annexed into the City, the `, ordinance granting reclassification and conditional use specified Amoco must provide a 15' landscape buffer easement along their west and south property lines which abut the then zoned RS-2 vacant and unimproved Lot 2 of the Amoco Subdivision. Attorney Furda noted since the use of Lot 2 of#he Amoco Subdivision is now a known entity, i.e. an office condominium project, the need for the landscape buffer easement is no longer necessary. Attorney Furda reminded the Board the office condominium project was befare the Board and received an affirmative recommendation at its Public Hearing on March 20, 2000. UESTIONS BY MEMBERS OF THE BOARD In response to Chairman Semrow's inquiry, Mr. Pease stated he couid foresee no problems if the required landscape buffer easement is removed. He noted both he and Amoco would landscape between the two uses. Cadotte inquired as to the need for the additional land. Attorney Furga responded Amoco has no specific plans for the property. However, Amoco would like to assure they have a tar�e enough sized lot for future renovations of the service station. Franzen asked if Amoco would be required to meet all current ordinance requirements at the time any building permits were submitted. Maggio responded Amoco would re required to meet the bulk area requirements of the Zoning Ordinance including any landscape requirements. However, he noted a landscape screen is not required � between an office district (0-1) and the commercial district (C-1). Page 3 4/17/00 � C ING STATEMENT BY PETITlONER Attorney Furda concluded Amoco has been working with S#aff since January 1999 to resubdivide this property. He asked the Board to recommend approval to the City Council of the Petitioner's request for reclassification from RS-1 to C•1 and to amend City of McHenry Ordinance No.0-89-506 to waive the 15' landscape buffer easement along Lot 1 and Lot 2 of Amoco Subdivision. Cadatte asked if the City chose to require a landscape screen between the two uses, would Amoco be willing to landscape along the interior property lines between Lot 1 and l.ot 2. Attorney Furda replied Amoco would accede to the City's requested regarding landscaping. He noted any building permit application would be accompanied by a landscape plan which would be reviewed and approved by Staff. Chairman Semrow said, "there being no further testimony betore the Board with regard to this matter, the Chair will entertain a motion with regard to the Petition, 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." DELIBERATIOlV AND RECOMMENDATION Motion by Franzen, seconded by Doherty, to recommend to the City Council that �, The Petitioner's request for a map amendment from RS-1 to C1 for the subject property be granted; that Ordinance No. 0-89-506 be amended to remove the requirement for a 15' landscape buffer easement along the interior lot lines of Lot 1 and Lot 2 of Amoco Subdivision; and that Table 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, page 357-358 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6•0. L Page 4 4/17/00 � A 0 RNMENT There being no further testimony before the Board regarding this matter, Chairman Semrow ��djourned this Hearing at 7:58 p.m. Respectfully bmitte� ; � Harry S mrow, Chairman Zoning Board of Appeals c: 2oning 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-500 � `..