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HomeMy WebLinkAboutMinutes - 9/13/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS SEPTEMBER 13, 1999 CITY OF MCHENRY � IN THE M��TTER OF THE APPLICATION OF ) Z-478 THE CITY OF MCHENRY FOR A TEXT ) City of McHenry AMENDMENT, PURSUANT TO THE ) ZONING c�RDINANCE OF THE CITY OF ) Text Amendment MCHENRY, MCHENRY COUNTY, IL ) REPORT OF THE ZONING BOARD OF APPEALS TO THE GTY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on September 13, 1999. Chairman Semrow called the hearing to order at 9:00 p.m. The following persons were in attendance: 1. Zoning Board Members: Steve Doherty, Paula Ekstrom, Darick Franzen, John Howell, Jon Meyer, Harry Semrow. Absent: George Cadotte. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio. � 5. Petitioner: City of McHenry represented by Attorney David McArdle. 6. Attorney for Petitioner:. 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 August 27, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. SUMMARY The Petitioners are requesting a Text Amendment to the City of McHenry Zoning Ordinance be approved as follows: ■ Section III (K),Temporary Uses — definitions, restrictions and maximum duration of time they may be utilized. � Page 2 ZBA-City of McHenry 9/13/99 � Chairman Semrow stated due to the lateness of the hour, testimony, deliberation and recommen��ation reference this matter is being postponed until the next scheduled Zoning Board of Appeals Public Hearing on Monday, September 20, 1999. He requested a motion to that affect. RECESS Motion by Franzen, seconded by Doherty to recess the Public Hearing on File No. Z-478, the City of McHenry Text Amendment to Section III(K) Temporary Uses until Monday, September 20, 1999 at 7:30 p.m. Voting AyE�: Doherty, Ekstrom, Franzen, Howell, Meyer, Semrow. Voting Na��: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried. The Hearing was recessed at 9:02 p.m. Respectfully s mitted, \ ' �.� � `" Harry , 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-478 � ZONING BOARD OF APPEALS SEPTEMBER 13, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-478 THE CITY �JF MCHENRY FOR A TEXT ) City of McHenry AMENDMENT, PURSUANT TO THE ) ZONING ORDINANCE OF THE CITY OF ) Text Amendment MCHENRY, MCHENRY COUNTY, IL ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing cn the above-captioned petition was held on September 13, 1999. Chairman Semrow called the f�earing to order at 9:00 p.m. The following persons were in attendance: 1. Zoning Board Members: Steve Doherty, Paula Ekstrom, Darick Franzen, John Howell, Jon Meyer, Harry Semrow. Absent: George Cadotte. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer � 4. City Planner: Phillip Maggio. 5. Petitioner: City of McHenry represented by Attorney David McArdle. 6. Attorney for Petitioner:. 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 August 27, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. SUMMARY The Petitioners are requesting a Text Amendment to the City of McHenry Zoning Ordinance be approved as follows: ■ Section III (K),Temporary Uses — definitions, restrictions and maximum duration of time they may be uti I ized. �... Page 2 ZBA-City of McHenry 9/13/99 � Chairman Semrow stated due to the lateness of the hour, testimony, deliberation and recommen��ation reference this matter is being postponed until the next scheduled Zoning Board of Appeals Public Hearing on Monday, September 20, 1999. He requested a motion to that affect. RECESS Motion by Franzen, seconded by Doherty to recess the Public Hearing on File No. Z-478, the City of McHenry Text Amendment to Section III(K) Temporary Uses until Monday, September 20, 1999 at 7:30 p.m. Voting Aye: Doherty, Ekstrom, Franzen, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried. The Hearing was recessed at 9:02 p.m. Re ectfully su mitted, � Harry 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-478 � ZONING BOARD OF APPEALS SEPTEMBER 13, 1999 � CITY OF MCHENRY IN THE M��TTER OF THE APPLICATION OF ) Z-473 MAUREEh ANNAMAREE AND MCHENRY VILLA ) McHenry Villa FOR AN AMENDMENT TO AN EXISTING ) CONDITIC)NAL USE PERMIT , PURSUANT ) 3516 W. Waukegan TO THE Zc�NING ORDINANCE OF THE CITY OF ) Conditional Use Amendment MCHENRI', 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 13, 1999. Chairman Semrow called the hearing to order at 7:48 p.m. The following persons were in attendance: 1. Zoning Board Members: Steve Doherty, Paula Ekstrom, Darick Franzen, John Howell, Jon Meyer, Harry Semrow. Absent: George Cadotte. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer � 4. City Planner: Phillip Maggio. 5. Petitioner: McHenry Villa represented by Maureen Annaamaree, W210 Forest Lane, Mundelein, IL 60060. 6. Attorney for Petitioner: None. 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 24, 1999. Publisher's Certificate of Publication is 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 rf�quired by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk. �- LOCATION The subject property is located at 3516 West Waukegan Road, McHenry, Illinois 60050. Page 2 ZBA-McHenry Villa � 9/13/99 SUMMARY The Petitioner is requesting the subject property be granted an amendment to an existing Conditional Use Permit to allow a reduction in the required number of parking spaces from 118 to 46. The property is zoned O-1 Office. TESTIMONY Chairman Semrow swore in the following Witnesses for the Petitioner: ■ Maureen Annamaree, W210 Forest Lane, Mundelein, IL 60060. ■ Bruce Goehmann, Johnston Associates, Architects, 1410 Higgin Road, Park Ridge, IL 60068. ■ Bert Minor, former McHenry Villa owner. Ms. Annamaree purchased the McHenry Villa property from Bert Minor approximately ten years ago. At the time of the purchase a conditional use permit was in existence which allowed the use of a retirement facility with a minimum of 118 parking spaces. Ms. Annamaree stated the facility is at 96% occupancy. Throughout the ten years of her ownership she has determined the requirement for 118 parking spaces to be excessive. She noted the requirements for a nursing home on this site would require 41 parking spaces. Ms. Annamaree is requesting the City reduce the required number of parking spaces from 118 to 46 spaces. It is her intent to utilize the � vacated parking area to construct townhomes. She noted she has purchased additional property to the east of the Villa and would combine the newly-purchased property with the vacated parking area in order to have adequate land for the construction of the townhomes along Boone Creek. Mr. Goehman stated reducing the number of parking spaces could be achieved in several ways. He noted the development of the vacated parking area and the land to the east as townhomes, is in compliance with the newly adopted City of McHenry Comprehensive Plan. QUESTIONS BY MEMBERS OF THE BOARD Chairman Semrow opined if the use of the McHenry Villa facility were to change to other permitted uses in the Office District for which it is zoned, there would be inadequate parking for the new use if the current parking area is permitted to be utilized for the construction of townhomes. He expressed concern that once the parking area is removed, it could never be recovered. In response to Mr. Semrow's inquiry, Ms. Annamarree stated the Villa is approximately 70,000 square feet in area. Mr. Semrow stated 46 parking spaces would not be sufficient for a 70,000 square foot office building. He noted any potential purchaser of this property would not be able to use it as "Office" as there would be inadequate parking available. He opined granting the amendment to the conditional use to reduce the required parking would in effect eliminate the underlying zoning on this property. The property would become a "one- use" property. �- Mr. Minor stated the proposed townhome development is in compliance with the newly adopted Page 3 ZBA-McHenry Villa 9/13/99 L Comprehei�sive Plan. He pointed out Council directed Ms. Annamaree to bring her petition to the Zoning Board of Appeals for recommendation. Ms. Ananamaree was also directed to prepare a site plan �or the proposed new parking lot layout, as well as the townhome development. Ms. AnnamareE�e has complied with these requests. Howell stated the City could be impacted by the shortage of parking on this property. He noted the building could not be converted to another use once the parking is eliminated. This presents a liability not only to the property owner, but to the City as well. The City could end up with a large 70,000 square foot vacant building in the downtown area. Maggio pointed out that the currently provided 118 spaces would also be inadequate for an office building of this size. Required parking standards are associated with a use, not a structure. If this property were no longer used as a nursing home, then the redesign as an office/apartments or other use would have to conform to the parking requirements. Mr. Minor stated the Economic Development Commission is working in conjunction with Ms. Annamaree to create a riverwalk in the downtown area, specifically along Boone Creek in the area of the proposed townhome development. The riverwalk is in conceptual phase of development. However, the Petitioner's property plays a very significant part in the implementation of any future riverwalk plans. �" General discussion occurred regarding the proposed townhomes and the utilization of the vacated parking area for this purpose. It was noted the Petitioners would have to come back to the Zoning Board of Appeals for a map amendment in order to construct townhomes on this property. In response to a Board inquiry, Ms. Annamaree stated the units would be townhomes and not rental apartments. In response to Board suggestion that a request be initiated with regard to this entire project encompassing McHenry Villa and the proposed townhomes, Mr. Minor stated that would be cost-prohibitive. The Petitioner has no guarantee her request for reduced parking would be granted, even if she spent exorbitant funds on engineering, planning, surveying, soil studies, etc. she would like a decision on the parking issue before investing any more money on the plan for townhomes. Meyer asked the Petitioner if she fully understood the ramifications of eliminating designated parking on her property. He stated there would be a liability to the City in that there could potentially be a vacant building for which no adequate parking has been set aside. This could ultimately cause problems for the Petitioner, as well, if she ever chooses to sell the property. There would be a single use permitted which would limit the potential salability of this property. McArdle pointed out that if a new nursing home of this size were developed on a vacant parcel, only 41 spaces would be required. � Page 4 ZBA-McHenry Villa 9/13/99 �„ Howell as�:ed the Petitioner what would be done with her newly purchased property if the reduction in parking is not granted. Ms. Annamaree responded she would put in small offices, such as a �eterinary clinic, and would abandon her plans or townhomes. She expressed her belief that this project would be good for the area, and this u erutilized parcel could be develped as an asset to the City. � CLOSING STATEMENT BY THE PETITIONERS There was no closing statement. 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." DELIBERATION AND RECOMMENDATION Motion by Meyer, seconded by Howell, to recommend to the City Council that The Petitioners request for an amendment to the existing Conditional Use Permit to allow a reduction of the required number of parking spaces from 118 to 46 be granted; that Table 31, Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, have been met. � Voting Aye: Doherty, Ekstrom, Franzen, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 6-0. ADIOURNMENT There being no further testimony before the Board with regard to this matter, Chairman Semrow adjourned the hearing at 8:50 p.m. Respectfully sub itted, � 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-473