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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. �. 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." � Page 3 ZBA-Truszkowski 5/3/99 � 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." � 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