HomeMy WebLinkAboutMinutes - 9/20/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS
SEPTEMBER 20, 1999
CITY OF MCHENRY
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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.
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9/20/99
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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
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ZONINC BOARD OF APPEALS
SEPTEMBER 20, 1999
CITY OF MCHENRY
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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.
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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
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9/20/99
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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."
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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