HomeMy WebLinkAboutMinutes - 3/20/2000 - Zoning Board of Appeals ZONING BOARD OF APPEALS
MARCH 20, 2000
CITY OF MCHENRY
�, IN THE N1ATTER OF THE APPLICATION OF ) Z•494
RONALD AND PEGGY BENZSCHAWEL, ) Portable Tool Sales
PROPER'fY OWNERS, AND PORTAB�E TOOL ) Conditional Use
SALES, TEIVANT, FOR A CONDITIONAL USE )
PERMMI'r, PURSUANT TO THE CITY OF ) 202 S. Route 31
MCHENRY ZONING ORDINANCE, )
MCHENRY COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD 4F APPEALS TO THE
CITY COUNCIL, CITY Of MCHENRY, ILLINOIS
A hearing on the above-captioned petition was held on March 20, 2000. Chairman
Semrow called the hearing to order at 7:32 p.m. The following persons were in
attendance:
1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darick
Franzen, John Howell, Jon Meyer, Harry Semrow. Absent: None.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
�
4. City Planner: Phillip Maggio.
5. Petitioner: Portable Tool Sales represented by John Pingel, 155 E. North
Avenue, Villa Park, IL 60081.
6. Attorney for Petitioner: Joseph Gottemoller, 1 North Virginia Sfi, Crystal Lake,
I L 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 an March 3, 2040.
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.
`,,, L4CATION
The location of the subject property is 202 S. Route 31, McHenry and is comprised
of 2.66 acres.
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ZBA-Portable Tool
3/20/00
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SUMMARY
The Petit oner is requesting a conditional use permit to allow outside storage of rental
equipment on the subject premises.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioner:
1. Joseph Gottemoller, 1 North Virginia Street, Crystal Lake, IL 60014;
2. John Pingel, 155 E. North Avenue, Villa Park, I� 60181.
Attorney Gottemoller stated the Petitioner has reviewed the Staff Report prepared for
this hearing and is in concurrence with all but two points stated therein:
■ Staff is recommending a 6'high board on board fencing surrounding the
perimeter of the oustide storage area;
■ Staff is recommending a setback for the outside storage of 110' from the
north property line and 165' from the west property line.
Attorney Gottemoller stated the Petitioner is willing to erect a 6' chain link fence and
gates, along with dense arbor vitae plantings along the entire exterior perimeter of the
fencing to screen the area from adjacent properties. Mr. Gottemoller noted the chain
link fence would be more durable than a wood fence, be less expensive to erect, and
provide more security than a wood fence. Additionally, the Petitioner would like to
� provide setbacks of only 90' from the north property line, and 110' from the west
property line to extend the outside storage area west of the access doorway on the
north side of the main building.
Attorney Gottemoller went over the Approval Criteria for Conditional Use Permits as
stated in the Petition.
Petitioner Pingel informed the Board Portable Tool Sales is a 55•year oid company.
The entity rents/sells construction equipment and tools such as compressors,
submersible pumps, mini excavators, mini-backhoes, bobcats, asphalt and dirt rotlers,
and light sets. He stated Portable Tool Sales is a rent to sell company. It is more of
a distributor and does not specialize in day•to•day rentals. He opined the business is
50/50 rental versus sales. Mr. Pingel stated there would be no bulk storage on the
premises. There would be no fuel pumps on site. He informed the Board this will be
a clean operation.
Mr. Pingel noted there would be one outside salesperson, one manager inside the
building for a total of two onsite personnel initially. Ultimately, there would also be a
mechanic on the premises who would repair and maintain the equipment. Presently,
there are three other Portable Tool Sales Iocations at Villa Park, Riverdale and
Springfield. Villa Park is the corporate headquarters. The hours of operation would
typically be 8 a.m. until 5 p.m.
�'' QUESTtONS BY MEMBERS OF THE BOARD
Cadotte asked if there would be fuel storage on site for use in the equipment. Mr.
Pingel responded no, the only fuel on the site would be in the equipment. There would
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ZBA-Por#able Tool Sales
3/20/00
be a 55•gallon drum inside the building used for storage of used motor oil.
�.
In respor�se to Chairman Semrow's inquiry, Mr. Pingel stated there would be no
propane ��r diesel fuel storage tanks on site. He stated the equipment could possibly
be fuelec via truck coming onsite or the equipment could be bought to a service
station for fueling. Chairman Semrow expressed concern regarding possible ground
contamination with onsite fuelin� and stated his preference for offsite fueling.
Chairman Semrow asked how the used motor oil would be disposed. Mr. Pingel
responded a professional service will remove the oil from the premises. Staff suggested
there might have to be internal building alterations to accommodate oil changes inside
of the building.
Meyer asked how many trips were anticipated into the graveled storage yard. Mr.
Pingel responded a maximum of 10 trips per day. This is not a high intensity use.
Meyer asked if the chain link fencing is permitted, would the Petitioner be willin� to
screen the entire perimeter with arbor vitae, including the east fence line. Mr. Pingel
agreed to screening the entire perimeter with dense arbor vitae plantings of at least
5' in height.
Chairman Semrow asked if the business has experienced much difficulty with theft or
vandalism at its other three locations. Mr. Pingel responded there has been very little
vandalism or theft. He noted the building would have a security system. A security
system could be installed in the yard if it became necessary. A chain link fence was
� favored because of better security.
Cadotte asked if the storage yard would be illuminated in the evening when the
business is closed. Mr. Pingel stated there are three existing light poles in the front of
the building. He does not anticipate installing any additional lighting.
Howell asked the Petitioner if he would be erecting a new building on the premises or
if the existing buildings would need any modifications. Mr. Pingel stated he plans to
utilize the existing structures in their current state. Howell asked if any variance to the
sign ordinance would be sought. Petitioner Pingel responded he has made application
for a wall sign. He is not seeking any variance as to maximum allowable si�ns for this
business. He noted he will ultimately seek a sign permit for an illuminated ground sign
which would be permitted by code.
Meyer expressed concern regarding the dust which would be created by travet in/out
of the gravel storage yard. He asked if the Petitioner would consider paving the lot. Mr.
Pingel responded the asphalt paving would not hold up with storage of the various
equipment on it. In addition, paving this entire lot would be very expensive. Mr Pingel
stated they would keep the lot well-graded and the yard would be regularly layered with
stone.
Franzen asked if the access to the property would blend with possible plans for the
property immediately to the south. Staff responded in the affirmative. The acces is
�'' approximately 150' north of the planned intersection near the Knox Park entrance.
Franzen asked if there is a requirement for curb and gutter parking areas at this
location. Staff responded the only district requiring curb and gutter parking areas is
� � Page 4
ZBA•Portable Tool Sales
3/20/00
the Busir�ess Park District.
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CLOSING STATEMENT BY PETITIONER
Attorney Gottemoller asked the Zoning Board to recommend approval to the City
Councii c�f the Petitioner's request for a Conditional Use Permit to allow outside
storage cf rental equipment. He further asked that the Petitioner's request:
■ that a 90' setback from the north property line and 110' setback frorn the west
property line be permitted;
■ and that a chain link fence with dense 5' in height arbor vitae plantings on the
entire perimeter of the fenced area be permitted to screen the premises from
adjacent properties.
He stated the Petitioner has agreed to the prohibition of on site fueling and the
installation of an oil recapture system on the premises if it is determine by Staff to be
requi red.
Chairman Semrow stated, "there being no further testimony before the Zoning Board
of Appeals regarding this matter, the Board will consider the 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."
pELIBERATION AND RECOMMENDATION
Motion by Meyer, seconded by Cadotte, to recommend to the City Council that
� The Petitioner's request for a Conditional Use Permit to allow the outdoor
storage of rental equipment on the subject premises be permitted, subject to the
fo{lowing conditions:
■ Arbor vitae, 5 feet in height, shall be installed and maintained around the
perimeter of the outdoor storage area, excluding the area enclosed by
buildings. A detailed landscape plan for the entire site shall be provided for
review prior to final approval;
■ A chain link fence, 6 feet in height, shall be installed and maintained around
the perimeter of the outdoor storage area;
■ The outdoor storage area shall be set back a minimum of 90 feet from the
east property I i ne, 90 feet from the north property I i ne, 15 feet from the
south property line, and 110 feet from the west property line;
■ Outdoor storage shall be limited to particular types of equipment, as defined
by the applicant prior to final approval, and shall not include bulk material
or inoperable equipment;
■ All equipment service shall be performed within enclosed buildings, and shall
not be permitted in the outdoor storage area;
■ No equipment refueling shall be conducted on the property. All fueling shall
be done at off•site locations;
■ The driveway and parking areas to the west of the existing buildings shall be
paved;
�'' and that Table 31, the Approval Criteria for Conditionaf Uses, pages 357•358 of the
Zoning Ordinance, has been met.
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ZBA-Portable Tool Sales
3/20/00
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Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Howell, Meyer, Semrow.
Voting N:�y: None.
Not Voting: None.
Abstainir��: None.
Absent: None.
Motion carried 7•0.
ADJOURNMENT
Chairman Semrow said, "there being no further testimony before the Board with regard
to this matter, this hearing is adjourned at 8:20 p.m.
spectfully sub tted,
r .��V
Harry S� row, 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•494
`..
ZONING BOARD OF APPEALS
MARCH 20, 2000
CITY OF MCHENRY
� IN THE MATTER OF THE APPLICATION OF ) Z,496
AMOCO ��IL CORPORTION, ) Pease/Loos Shaw
PROPER'fY OWNER, AND JACK PEASE AND ) Map Amendment
KATHY LOOS SHAW, CONTRACT PURCHASERS,) 5403 Bull Valley Rd
FOR A MAP AMENDMENT, PURSUANT TO )
THE CITY OF MCHENRY ZONING 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 March 20, 20C?0. Chairman
Semrow called the hearing to order at 8:27 p.m. The following persons were in
attendance:
1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Darik
Franzen, Jon Meyer, Harry Semrow. Absent: None.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
�
4. City Planner: Phitlip Maggio.
5. Petitioners: Jack Pease and Kathy Loos Shaw, 4501 Route 12, Richmond, IL
60071.
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 March 3, 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 5403 Bull Valley Road, McHenry, which is
currently vacant and comprised of 3.7 acres.
Page 2
ZBA-Pease/Loos
3/20/00
�� SUMMAR�(
The Petitioners are requesting the subject property be reclassified from RS•1 Low
Density :�ingle Family Zoning District to O-1 Local Office Zoning District.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
1. Kathy Loos Shaw, 4501 Route 12, Richmond I L 60071
2. Jack Pease, 4501 Route 12, Richmond IL 60071
3. John Swierk, Direct Design, 400 S. Route 31, McHenry IL 60050.
Petitioner Loos Shaw stated Condon Engineering is preparing the Engineering for the
subject property which is located at 5403 West Bull Valley Road, which wraps around
the Amoco Station at the southwest corner of the intersection of Bull Valley Road and
Crystal Lake Road. The Petitioners are proposing to construct a condominium office
building on the site. Direct Design Architects is designing the building. Petitioner Loos
Shaw stated this will be a high image project including an abundance of open space,
parking and landscaping. She stated the praposed zoning reclassification to 0-1 Local
Office is consistent with the City of McHenry Comprehensive Plan. She noted curb and
gutter and sidewalks would be installed on the site.
The developers, Jack Pease and Kathy Loos Shaw, will own the property until all units
have been sold. At this time, the property maintenance and upkeep will be turned over
� to the Property Owner's Association.
Discussion ensued regarding the potential occupants of the units. Members of the
Board expressed concern regarding adequate parking should there be a surplus of
doctors purchasing units on the property. Maggio assured the Board Staff keeps track
of unit usage and accumulative parking requirements. Swierk noted this is an
enforcement issue similar to strip malls and multi•tenant buildout at other locations
in town. Maggio stated each time an application for occupancy is made, the City
evaluates whether the use is permitted and if all parking requirements will be satisfied.
QUESTIONS BY MEMBERS Of THE BOARD
Cadotte asked how many points of egress/ingress there would be to the property.
Petitioner Loos Shaw responded there would be two access points:
■ One via cross-easement agreement with Midwest Bank of McHenry County;
■ A right-in right•out onto Bull Valley Road.
Chairman Semrow asked if there would be dry detention on site. Mr. Pease responded
there will be detention at the south edge of the property for the subject property and
the Amoco Station.
C OSING STATEMENT BY PETITIONER
Petitioner Loos Shaw in closing stated she believes the proposed condominium office
� building will fit in nicely in the neighborhood.
Page 3
ZBA•Pease/Loos
3/20/00
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Chairman Semrow said, `there being no further testimony before the Board with regard
to this rr�atter, 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, t�e Chair will entertain a motion with regard to this Petition."
DELIBERATION AND RECOMMENDATION
Motion by Franzen, seconded by Howell, to recommend to the City Council that
the Petitioners' request for a map amendment from RS-1 Low Density
Singie Family to 0-1 Local Office District be granted; that Table 33, the
Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance
has been met.
Vating Aye: Cadotte, Doherty, Ekstrom, Franzen, Howell, Meyer, Semrow,
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
� ADJ URNMENT
Motion by Meyer, seconded by Ekstrom, to adjourn the hearing at 8:50 p.m.
Voting Aye: Cadotte, Doherty, Ekstrom, Franzen, Howefl, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Respectfulty s mitted,
�� � . �� �'
Harry mrow, Chairman
Zoning Board of Appeals
c: Zonin� 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-496
�