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HomeMy WebLinkAboutMinutes - 9/20/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS SEPTEMBER 20, 1999 CITY OF MCHENRY � IN THE M,�TTER OF THE APPLICATION OF ) Z-483 SPRINTCC►M INC, RICHARD AND RITA ) Sprintcom ADAMS, PROPERTY OWNERS, FOR A USE ) VARIANCf= WITH A VARIANCE , PURSUANT ) Lincoln Road TO THE ZONING ORDINANCE OF THE CITY OF ) Use Variance wNariance MCHENRY, MCHENRY COUNTY, IL ) 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 September 20, 1999. Chairman Semrow called the hearing to order at 8:40 p.m. The following persons were in attendance: 1. Zoning Board Members: Steve Doherty, Paula Ekstrom, John Howell, harry Semrow. Absent: George Cadotte, Darick Franzen, Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer �' 4. City Planner: Phillip Maggio. 5. Petitioner: Richard Conner Riley & Associates, represented by Michael McCrary, 7600 S. County Line Road, Burr Ridge, IL 60521. 6. Attorney for Petitioner: None. 7. City Council Members/Staff: Alderman Glab. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Certified Notice of this Public Hearing was not provided to the Chairman prior to the commencement of the Hearing. No verification that publication and certified notification to abutting property owner had occurred. Chairman Semrow asked for a motion to recess the hearing until certification of notification requirements had been met. � . , Page 2 ZBA-Sprintcom 9/20/99 � AD OURNMENT Motion by Ekstrom, seconded by Howell, to recess this Hearing until Monday, October 11, 1999 at 7:30 p.r�. Voting AyE�: Doherty, Ekstrom, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Franzen, Meyer. Motion carried. 4-0. This hearing was adjourned at 8:49 p.m. Respectfully submitted, � `A ' , � Harry S mrow, 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-483 � ZONINC BOARD OF APPEALS SEPTEMBER 20, 1999 CITY OF MCHENRY � IN THE M,�TTER OF THE APPLICATION OF ) Z-482 ROSEMARY SWIERK, PROPERTY OWNER, ) Rosemary Swierk FOR A MAP AMEN DMENT AN D CON DITIONAL ) 508 S. Route 31 USE PERMIT, PURSUANT TO THE ZONING ) Map Amendment & ORDINAI�CE OF THE CITY MCHENRY, ) Conditional Use Permit MCHENRY COUNTY, IL � 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 September 20, 1999. Chairman Semrow called the hearing to order at 7:50 p.m. The following persons were in attendance: 1. Zoning Board Members: Steve Doherty, Paula Ekstrom, John Howell, Harry Semrow. Absent: George Cadotte, Darick Franzen, Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer `'' 4. City Planner: Phillip Maggio. 5. Petitioner: Rosemary Swierk, 400 S. Route 31, McHenry IL 60050. 6. Attorney for Petitioner: Zanck, Militello and Coen represented by Thomas Zanck, 40 Brink Street, Crystal Lake, I L 60014. 7. City Council Members/Staff: Alderman Glab. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on August 26, 1999 and again on September 4, 1999. Publisher's Certificates of Publication are on file with regard to this matter in the City Clerk's Office. Certified notices were delivered all owners of record of abutting properties. The subject property was posted as required by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk. LOCATION \.. The subject property is located at 508 S. Route 31, McHenry, Illinois 60050, the site of the former Amlings Florist. Page 2 ZBA-Swierk � 9/20/99 SUMMARY. The Petitioners are requesting the subject property be granted a Map Amendment to C-5 Highway Commercial and a Conditional Use Permit to allow the operation of an automobile service station and a drive through facility on the premises, upon annexation to the City of McHenry. TESTIMONY Chairman Semrow swore in the following Witnesses for the Petitioner: ■ Rosemary Swierk, 400 S. Route 31, McHenry, IL 60050. ■ John Swierk, Direct Design Architects, 400 S. Route 31, McHenry IL 60050. Attorney Zanck stated the subject premises are comprised of approximately 1 .7 acres and located east of Route 31, adjacent to the McDonald's Restaurant. He noted the Petitioner is seeking C-5 Highway Commercial Zoning upon annexation. In addition, she is requesting the granting of a Conditional Use Permit to allow the construction and operation of an automobile service station and a drive through facility. The drive through facility would be limited to either a financial institution, a video store or a dry cleaning drop-off pick-up facility. Attorney Zanck noted the Petitioner is planning to demolish the existing structure on the premises and construct a unique commercial center. He provided evidence that Illinois `" Department of Transportation is encouraging the reduction from two access points to one full access point onto Route 31 . The entrance would be located at the northwest corner of the property. Attorney Zanck stated it is the intent of the Petitioner to continue to own the property as an investment following its improvement as a commercial center. QUESTIONS BY MEMBERS OF THE BOARD Howell asked if any arrangements have been made with a gasoline retailer. John Swierk responded they had received this date a Letter of Intent from White Hen. He has also spoken to a potential dry cleaning drop-off pick-up facility tenant. Mr. Swierk presented a copy of the Site Plan for Zoning Board review. He noted the gas pumps would be located on the south side of the property. White Hen would occupy approximately 3,000 square feet of the 7,200 square foot commercial center. Chairman Semrow noted his concern regarding issuing a conditional use permit for a "generic" drive through facility. He opined the specific use of the drive through should be known and stated during the application process. Attorney Zanck responded the drive through would be limited to a video store, dry cleaning establishment or financial institution. Semrow asked where deliveries would be make to the White Hen store. Mr. Swierk responded most deliveries following initial shop setup would be to the front door. However, there would be rear entries for each of the potential six storefronts located in the commercial center. Discussion occurred regarding the safety of patrons and employees of the other stores located within the center due `.. to the drive through traffic pattern. The drive through lane and stacking area would extend around the south end of the building, along the rear of the building to the north side, where the actual drive through window would be located. Semrow asked is a full access to Route 31 was Page 3 ZBA-Swierk 9/20/99 � being sougi�t at the northwest corner of the property. Mr. Swierk indicated that is correct. He noted the egress from the site would occur north of the southbound left turn lane onto Miller Road. If required by IDOT, the Petitioner is willing to install a left turn lane into their facility. Maggio stated Staff is recommending a shared access with the property immediately to the north should it ever be developed as a commercial site. He noted this concurs with IDOT's recommendation as well. Semrow asked how many gas pump islands there would be. Mr. Swierk indicated there would be seven islands with pump access on both sides of the islands. The canopy over the islands would be connected to the main building. Mr. Swierk will try to make the roof be architecturally compatible with the neighborhood. There will not be a metal canopy or roof. He intends to use a gable roof, with shingles, or some other upscale treatment to blend in with the area. In response to an inquiry from Ekstrom, Mr. Swierk stated the tanker truck would make it delivery on the south side of the property and exit in front of the building. Delivery would most likely occur during off-peak nighttime hours. Ekstrom asked the hours of operation. Mr. Swierk stated he was not certain. It was pointed out that most White Hen facilities are open 24 hours per day. Semrow asked if there would be some type of curbing or other means of separation between the drive through land at the rear of the building and the pedestrian accessway to the other shops. �' Mr. Swierk stated he would not object to the requirement to assure protection and safety of persons leaving or entering the rear of the building. Ekstrom asked if the east property line would be fenced. Mr. Swierk indicated there is a fence along the north, east and south property lines. However, the fence is an open style fence with barbed wire on top. Ekstrom expressed concern regarding safety of people using the Recreational Center, which is being proposed for City property, which abuts the subject property. The Petitioner stated she would be willing to landscape, fence and/or buffer the subject property from the property to the east. CLOSING STATEMENT BY THE PETITIONERS Attorney Zanck stated the Petitioner is a resident of the City and has worked on several projects in town to improve properties aesthetically, notably the West McHenry Bank building on Main Street, the Glaviano building on Route 31, and Truszkowski's Deli. The Petitioner intends to improve and enhance this property which provides a gateway to the City from the south. The Petitioner respectfully requests the Board recommend to the City Council that the request for a map amendment and conditional use be granted. Chairman Semrow stated, "there being no further testimony before this Board with regard to this Petition, thE� Board will consider this matter 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 4 ZBA-Swierk: 9/20/99 � DELIBERAI�ION AND RECOMMENDATION Motion by Howell, seconded by Doherty, to recommend to the City Council that The Petitioners request for ■ A Map Amendment to classify the subject property to C-5 Highway Commercial Z_oning District; ■ A Conditional Use Permit to allow the construction and operation of a automobile service station; and ■ A Conditiona) Use Permit to allow the construction and operation of a drive-through facility limited to a financial institution, a video rental store, or a dry cleaning drop-off pickup facility; be granted upon annexation to the City of McHenry, subject to the conditions that ■ The Petitioner will address any need for landscaping/fencing; and ■ All pedestrian safety concerns regarding the rear of the building be satisfied; and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, have been met; and that Table 31, The Approval Criteria for Conditional Use `'' Permits, page 357-358 of the Zoning Ordinance, have been met. Voting Aye: Doherty, Ekstrom, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Franzen, Meyer. Motion carried 4-0. ADIOURNMENT There being no further testimony before the Board with regard to this matter, Chairman Semrow adjourned the hearing at 8:39 p.m. Respectfully su mitted, , � Harry mrow, 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-482