HomeMy WebLinkAboutMinutes - 5/3/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS
MAY 3, 1999
CITY OF MCHENRY
�„ IN THE M.ATTER OF THE APPLICATION OF ) Z-470
WALTER J. TRUSZKOWSKI FOR A ) Truszkowski
CONDITIONAL USE PERMIT ) 209 N. Front St.
UNDER THE PROVISIONS OF THE ZONING ) Conditional Use
ORDINANCE OF THE CITY OF MCHENRY, )
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 May 3, 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, Paula Ekstrom, )ohn 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. Director of Community Development: Absent.
6. Petitioners: Walter J. Truszkowski, 213 North 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
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. No Certificate of Publication was provided to the Board. Attorney McArdle noted if a
Certificate of Publication is not forthcoming, the Hearing will be considered null and void.
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Page 2
ZBA-Truszkowski
5/3/99
� LOCATION
The subjec:t property is located at 209 North Front Street, McHenry, Illinois and is zoned C-5
Highway (�ommercial. It is the former location of Just Ducky Rentals.
SUMMARY
The Petitioners are seeking a Conditional Use Permit to allow a restaurant serving alcoholic
beverages.
TESTIMONY
Chairman Semrow swore in the following Witness for the Petitioners:
■ Walter Truszkowski, 213 North Front Street, McHenry, Illinois 60050.
■ John S�vierk, Direct Design LTD, 400 S. Route 31, McHenry, Illinois 60050.
Ttruszkowski stated he has secured a building permit for the renovation of the building located
at 209 North Front Street. He is converting the structure into a Deli Restaurant. He is seeking
a conditional use permit to allow the serving of alcoholic beverages.
QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD
In response to an inquiry by Meyer, Truszkowski stated there will be no bar in the restaurant. He
would like to offer his customers an opportunity to have a beer, glass of wine or a mixed drink
with their meal. There will be no bar where patrons could sit to have a drink. In response to a
request for clarification, Truszkowski stated his request to sell packaged liquor as well is in
�" reference to specialty wines, beers, etc. He will not carry a wide variety of alcoholic beverages
as would be available in a liquor store.
Ekstrom asked the hours of operation. Truszkowski responded he will be open from 6:00 a.m.
until approximately 8:00 p.m. he anticipates serving a breakfast and lunch-type menu. Serving
alcoholic beverages would be from the lunch hour on, approximately 11:00 a.m. until close.
Cadotte asked if both indoor and outdoor seating would be available. Swierk said his client is
trying to imitate a European motiff and is proposing both indoor and outdoor seating. Customers
would order their food inside and have it brought to them at the table of their choice.
CLOSING STATEMENT BY PETITIONERS
Petitioner Truszkowski stated he is trying to make the southern entrance to the City more
aesthetic, as he has shown by the construction of his building at 213 North Front Street, as well
as the improvements to the subject property. He asked the Board to consider recommending the
granting of a conditional use permit for the sale and serving of alcoholic beverages.
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 the Petition."
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Page 3
ZBA-Truszkowski
5/3/99
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DELIBERATION 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 a restaurant serving alcoholic beverages be
granted; ar�d that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358,
of the Zoning Ordinance, has been met; subject to the stipulation that a Certificate of Publication
be provided to the Office of the City Clerk indicating publication at least 15 days and not more
than 30 days prior to this hearing.
Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 5-0.
ADIOURNMENT
Chairman Semrow adjourned the hearing at 7:49 p.m.
tful y submi ed,
�
�
� Harry Se w, Chairman
Zoning Board of Appeals
c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator,
Planner, PW Administration, Ciry Engineers, Aldermen Reference Copy, Petitioner, B &
Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File
Copy. Z-470
Please note:
The Chairman has been informed there was no publication prior to the hearing held with
regard to the Truszkowski Petition. It will therefore be necessary to re-present the matter
before the Zoning Board of Appeals when publication requirements have been met.
`..
ZONING BOARD OF APPEALS
MAY 3, 1999
CITY OF MCHENRY
� IN THE M,ATTER OF THE APPLICATION OF ) Z-471
SUNNYSIDE COMPANY AND LEONARD ) Sunnyside
DeMICHELE FOR A CONDITIONAL USE PERMIT ) 4807 W. Elm
UNDER THE PROVISIONS OF THE ZONING ) Conditional Use
ORDINANCE OF THE CITY OF MCHENRY, )
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 May 3, 1999. Chairman Semrow called
the hearing to order at 7:52 p.m. The following persons were in attendance:
1. Zoning Board Members: George Cadotte, Paula Ekstrom, 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. Director of Community Development: Absent.
6. Petitioners: Sunnyside Company represented by Robert Diedrich, 4810 West Elm Street,
McHenry, Illinois 60050.
7. Attorney for Petitioner: Diamond and LeSueur represented by Mary Spiegel, 3431 West
Elm Street, McHenry, Illinois 60050.
8. City Council Members/Staff: None.
9. Court Reporter: None.
10. Registered Observers/Objectors:
Lorenza Burrafato, 4805 W. Elm Street, McHenry, Illinois 60050.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on April 17, 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-Sunny�side
5/3/99
� LOCATION
The subjec:t property is located at 4807 West Elm Street, McHenry, Illinois and is zoned C-5
Highway (:ommercial.
SUMMARY
The Petitioners are seeking a Conditional Use Permit to allow an Open Sales Lot for the Sales of
Vehicles.
TESTIMONY
Chairman Semrow swore in the following Witness for the Petitioners:
■ Robert Diedrich, 4810 West Elm Street, McHenry, Illinois 60050.
Attorney Spiegel stated the Petitioners are seeking a conditional use permit to allow the storage
and sale of motor vehicles on the property located at 4807 West Elm Street. She noted the
Petitioners own four lots on the north side of Route 120 and three lots on the south side of Route
120 on which they conduct the business operation known as Sunnyside Dodge. The subject
property is an 80' X 150' lot on the south side of Route 120. It is currently being used to store
and sell trucks and automobiles. In order to bring the property into compliance a conditional use
is required. The Petitioners plan to pave and stripe the subject property in addition to the other
two lots located on the south side of Route 120, once the conditional use permit is granted. Mr.
Diedrich pointed out there will be no direct access to the subject property from Route 120.
Clients will access the lot from the lot directly west of the subject property which is also owned
`' by the Petitioners. Mr. Diedrich stated a fence would be installed on the south property line,
between the subject property and the residences to the south. Mr. Diedrich noted customer
parking is located on the center lot of the three lots south of Route 120. There are five designated
parking spaces in front of the building located on the center lot. There are 20 parking spaces on
the north side of Route 120 adjacent to the sales office at 4810 West Elm Street.
Attorney Spiegel went over the Approval Criteria for Conditional Use Permit as stated in the
Petition.
QUESTIONS BY MEMBERS OF THE BOARD
In response to an inquiry from Meyer, Diedrich stated the subject property has been used for the
storage and sale of vehicles for a long time. The current surface is grass.
Chairman Semrow noted the complaint referenced in the Staff Report, regarding customers
parking on the property to the east of the subject property. A lengthy discussion ensued regarding
ways to eliminate customer parking on the private property owned by Mrs. Burrafato, east of the
subject lot. The Petitioner agreed to work with the City regarding fencing and screening the east
property line.
Cadotte asked how soon the Petitioners planned to pave the property. Diedrich responded
paving would be done within one year. Semrow asked if lighting would be added to the parking
`- lot. Diedrich responded there would be no additional lighting. In response to questions regarding
drainage, Mr. Diedrich stated will flow south and west to the existing 4' drainage ditch. Drainage
will not flow onto the Burrafato's property to the east.
Page 3
ZBA-Sunnyside
5/3/99
� General discussion occurred regarding the installation of a privacy fence along the south property
line. Ekstrc�m stated she preferred not to have a privacy fence along the south property line as it
would cre�ite a dark alleyway between the subject property and the property to the south of the
site. It was pointed out the zoning ordinance requires the property to be screened from the
adjacent rE�sidential property to the south. Discussion continued as to the type and height of
fence which should be installed both on the south property line and the east property line, next
to the Burrafato property. Ms. Spiegel suggested a compromise of stockade fence from the
southeast ��orner of the property north to a point equal to the rear of Burrafato house on the
adjacent property; and split rail fence from that point to the northeast corner of the property.
Chairman Semrow asked if the Petitioners would be providing customer parking on the sales lot.
Diedrich stated no additional customer parking is planned for the lot as there is no direct access
to Route 120, but there is customer parking on the adjacent lot. It was the consensus of the Board
to:
• Require signage on the entry to Lot 14 on the south side of Route 120 indicating "Customer
Parking for Sunnyside Dodge; and
• To post signage on the Burrafato property "Private Drive — No Tresspassing".
Meyer suggested the stockade fence along the Burrafato property should be extended to the front
of the building as opposed to the rear of the building, in order to provide privacy for the
Burrafato's. The split rail fence should then be erected from that point north to the northeast
�'' corner of the property.
CLOSING STATEMENT BY OBIECTORS
Mrs. Burrafato stated she would like a privacy fence installed. She does not want to have to look
at the trucks and cars parked in the lot. She would also like to have some privacy in her back
yard. And she would like customers looking at vehicles at Sunnyside Dodge to park on their
property and not on hers. Mrs. Burrafato stated she would not like a sign posted on her property
because she does get customer traffic to her sewing/alteration business during normal business
hours.
CLOSING STATEMENT BY PETITIONERS
Attorney Spiegel stated the proposed conditional use is permitted in the C-5 zoning district. The
Petitioner has addessed all concerns of the Board and Staff as well as the need of the adjacent
neighbor, Mrs. Burrafato. The Petitioner requests that the Board make an affirmative
recommendation to the City Council and that the Conditional Use Permit 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 the Petition."
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Page 4
ZBA-Sunnyside
5/3/99
� DELIBERATION AND RECOMMENDATION
Motion by Cadotte, seconded by Howell, to recommend to the City Council that the Petitioner's
request for a Conditional Use Permit to allow an Open Sales Lot for the storage and sales of
motor vehicles be granted subject to the following stipulations:
• That a split rail fence be installed on the east property line from the northeast corner of the
property to the front building line; and a stockade fence be installed along the east property
line from the front building line south to the southeast property line.;
• Directional customer parking signs be posted at the entrance to Lot 14 and that the
directional customer parking signs along Route 120 be vertical and visible from both an
easterly and westerly direction;
• That no less than five parking spaces be allotted for customer parking on the north side of the
building located on Lot 14; and that said parking spaces be available for customer use seven
days per week/24 hours per day.
And that Table 31, the Approval Criteria for Conditional Use, pages 357-358 of the Zoning
Ordinance, has been met.
Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
� Abstaining: None.
Absent: None.
Motion carried 5-0.
ADIOURNMENT
Motion by Meyer, seconded by Cadotte, to adjourn the hearing at 8:55 p.m.
Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 5-0. The hearing was adjourned at 8:55 p.m.
ctfully sub �ted,
,
i{ ���-/C7L�e/
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, B &
Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File
Copy. Z-471