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HomeMy WebLinkAboutMinutes - 7/12/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS JULY 12, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-476 AMERICAN HERITAGE DEVELOPMENT CORP- ) AMERICAN HERITAGE DEV. ORATION FOR A VARIANCE ) TO THE ZONING ORDINANCE OF THE CITY OF ) Variance 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 July 12, 1999. 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, Harry Semrow. Absent: Darick Franzen, John Howell, Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio �' 5. Director of Community Development: Absent. 6. Petitioner: American Heritage Development Corporation represented by David Backhaus, 4915 W. Elm Street, Suite B, McHenry, Illinois 60050. 7. Attorney for Petitioner: None. 8. City Council Members/Staff: None. 9. Court Reporter: None. . 10. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 26, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to 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. � Page 2 ZBA-American Heritage 7/12/99 � LOCATION The subject property is located at 6011 Barkley Court , Lot 232, Unit 2, Boone Creek Subdivision. SUMMARY The Petitioner is requesting a variance of 2.2 feet from the front building setback line for the northwest r.orner of the attached garage of the dwelling located on Lot 232, Boone Creek Unit 2, commonly known as 6011 Barkley Court. TESTIMONY Chairman Semrow swore in the following Witness for the Petitioner: ■ David Backhaus, 4915 West Elm Street, Suite B, McHenry, IL 60050. Petitioner Backhaus stated there is a residential dwelling constructed on the subject property. Staff has discovered there is an encroachment into the front yard of 2.2 feet at the northwest corner of the building. He noted the reverse curve of the cul-de-sac made it difficult to ascertain the exact setback lines. There was an error in measurement. Backhaus stated he brings this matter before the board to rectify the error. `'' QUESTIONS BY MEMBERS OF THE BOARD Semrow asked if Staff inspected and approved the foundation pour of the building. Backahuas responded Staff inspected and signed off on the foundation before it was poured. Cadotte asked how the error occurred. Backhaus opined because of the reverse curve on the front of the lot it was very difficult to judge the exact location of the 30 foot building setback line. He noted his staff would be more cautious in the future when locating buildings on the lots. He asked the board to grant leniency in this instance and recommend that a variance be granted. In response to Ekstrom's inquiry, Backhaus stated the house has been sold. The City has granted a Temporary Occupancy for the residence. Final Occupancy would not be granted until the encroachment has been resolved. CLOSING STATEMENT BY THE PETITIONERS Petitioner Backhaus asked the board to take into consideration the fact that this variance if granted would not cause undue burden on the City or any neighbor. The dwelling does not impede sight lines for either abutting neighbor. Granting the variance would prevent the encroachment from becoming a legal issue for any future purchaser of this property. 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 2 ZBA-American Heritage 7/12/99 � DELIBERATION AND RECOMMENDATION Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that The Petitioners request for a 2.2 foot variance from the required 30 foot front yard setback be granted and that Table 32, Approval Criteria for Variances, pages 377-378 of the Zon�ng Ordinance, have been met. Voting Aye: Cadotte, Doherty, Ekstrom, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Howell, Meyer. Motion carried 4-0. ADIOURNMENT Chairman Semrow adjourned the Hearing at 7:45 p.m. �" Respectfully submitted, �l Harry Se ow, 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, Observers/Objectors (3) B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-476 � ZONING BOARD OF APPEALS J U LY 12, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-477 LOWELL R. KIVLEY, FOR A MAP AMENDMENT ) MCH. COUNSELING CENTER AND USE VARIANCE, PURSUANT TO THE ) 402 N. Front ZONING C>RDINANCE OF THE CITY OF ) Map AmendmendUse Variance 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 July 12, 1999. Chairman Semrow called the hearing to order at 7:47 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Steve Doherty, Paula Ekstrom, Harry Semrow. Absent: Darick Franzen, John Howell, Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio ~" 5. Director of Community Development: Absent. 6. Petitioner: McHenry Counseling Center represented by Lowell Kivley, 402 N. Front Street, McHenry, Illinois 60050. 7. Attorney for Petitioner: None. 8. City Council Members/Staff: None. 9. Court Reporter: None. 10. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on )une 26, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were hand 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. � Page 2 ZBA-Kivley 7/12/99 � LOCATION The subjecr property is located at 402 North Front Street, McHenry, Illinois 60050. SUMMARI�" The Petitioner is requesting the following: ■ Map Amendment from RS-3 Medium High Density Residential to O-2 Office Park; ■ Use Variance to permit the following uses: ■ Antique Shop ■ Art Shop or Gallery ■ Barber/Beauty Shop or Hair Styling Salon ■ Bookstore or Book & Stationery Store ■ Camera Shop and Photographic Suplies ■ China and Glassware Store ■ Coin and Philatelic Shop ■ Dressmaking ■ Dry Cleaner and Laundry ■ Florist Shop ■ Gift or Card Shop ■ Hobby and Craft Store ■ Interior Decorating Shop � ■ Jewelry Sales and Repair ■ Musical Instruments Sales and Repair ■ Optician Sales (Retail) ■ Philanthropic and Charitable Organizations ■ Travel Bureau. TESTIMONY Chairman Semrow swore in the following Witness for the Petitioner: ■ Lowell R. Kivley, 402 N. Front Street, McHenry, IL 60050. Petitioner Kivley stated he owns the property located at 402 North Front Street. He came before this board in 1993 and obtained a Use Variance to permit the operation of his McHenry Counseling Center at this site which is currently zoned residential. He noted the American Red Cross opera�es out of this location as well, although they are planning to relocate to Crystal Lake in the Summer of 2000. He stated reclassification of the property to 02 Office Park and the granting of the Use Variance would make it easier for him to find a suitable tenant as he would not be restricted to the terms of the existing use variance. Kivley noted there is much development occurring in this area. He stated he modeled his reclassification and use variance request after the one submitted by Prime Commiercial in reference to their property located at 420 North Front Street. Kivley requested input from `-' abutting neighbors with regard to the proposed reclassification and use variance. He stated his neighbors did not object to his Petition before the board. Page 3 ZBA-Kivley 7/12/99 � QUESTIONS BY MEMBERS OF THE BOARD Chairman 5emrow asked the Petitioner if he had shown the neighbors the list of potential uses which would be permitted in the O-2 Office Park district in addition to the list of uses requested in the submitted Use Variance request. Kivley responded he showed his neighbors the list of permitted ��ses in the Office District. In response to an inquiry, Kivley stated the lot area is 15,000 square feet and the building is 2,100 square feet. Semrow opined it would be implausible to reclassifv this property to O-2 District as there would be many uses which would not be compatible with the abutting residential property. Semrow suggested the less intense O-1 Office District would be more appropriate. In response to an inquiry, Kivley stated he is currently using 700 square feet for his counseling practice. Approximately 1,400 square feet remain for other uses on the site. Kivley stated he would be amenable to amending his Petition to seek O-1 Office District zoning, provided the following uses would be permitted with a Use Variance: 1. Business machine sales, rental and service; 2. Computer sales, rental, and service; 3. Graphics and drafting services; 4. Laboratories, medical, dental, research, and testing; 5. Office, stationery, or art supply stores; 6. Research and development facilities; 7. Studios for artists, musicians, and photographers; and �" 8. Musical instrument sales and repair. Petitioner Kivley requested assurance from the City that multi-tenant use would be permitted in the O-1 District. Discussion followed regarding the uses which should be identified as part of the use variance. Chairman Semrow noted the Petitioner has not requested variance as to the screening and buffering requirements of the ordinance. He expressed concern regarding the parking requirements and opined it may not be adequate for the proposed uses of this property. Additionally, he stated an increase in traffic flow exiting the site onto High Street is undesirable. Kivley responded if additional parking is required, he would put it in. Semrow noted the property's current uses are quite different than the proposed uses if the reclassification and use variance are granted. He opined parking would not be adequate. In response to an inquiry from Doherty, Kivley stated there is currently no overflow parking on High Street. In response to an inquiry from Semrow, Kivley stated he has no employees. He has two contractual staff. Attorney McArdle suggested prior to this matter being presented to City Council for action, the Petitioner should notify all abutting property owners with a comprehensive list of all uses permitted by this proposed zoning action, i.e. the uses permitted in the O-1 District and the uses �- requested through the Use Variance. Page 4 ZBA-Kivley 7/12/99 � CLOSING STATEMENT BY THE PETITIONERS Petitioner hivley summarized his request by stating he has agreed to amend his Petition as follows: 1. Reclassification to O-1 Office District; 2e Use variance to permit the following additional uses: a. Business machine sales, rental and service; b. Computer sales, rental, and service; c. Graphics and drafting services; d. Laboratories, medical, dental, research, and testing; e. Office, stationery, or art supply stores; f. Research and development facilities; g. Studios for artists, musicians, and photographers; and h. Musical instrument sales and repair, Petitioner Kivley stated he deleted all other uses specifically detailed in the Public Notice. 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 Cadotte, seconded by Doherty, to recommend to the City Council that The Petitioners request for reclassification from RS-3 Medium High Density Single Family District to O-1 Office District be granted; that the request for a Use Variance to allow the following uses be granted: a. Business machine sales, rental and service; b.Computer sales, rental, and service; c. Graphics and drafting services; d. Laboratories, medical, dental, research, and testing; e. Office, stationery, or art supply stores; f. Research and development facilities; g. Studios for artists, musicians, and photographers; and h.Musical instrument sales and repair. and that Table 33, Approval Criteria for Zoning Amendments, page 401, and Table 32A, Approval Criteria for Use Variances, page 379, of the Zoning Ordinance have been met. � Page 5 ZBA-Kivley 7/12/99 � Voting Aye Cadotte, Doherty, Ekstrom, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Howell, Meyer. Motion carried 4-0. ADIOURNMENT Motion by Cadotte, seconded by Ekstrom, to adjourn the hearing at 8:34 p.m. Voting Aye: Cadotte, Doherty, Ekstrom, Semrow. Voting Nay; None. Not Voting: None. Abstaining: None. Absent: Franzen, Howell, Meyer. Motion carried 4-0. �'" Respectfully su itted, Harry emrow, 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, Observers/Objectors (3) B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-477 �