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HomeMy WebLinkAboutMinutes - 3/1/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS MARCH 1, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-467 ROBERT V'✓. JESSUP AND JESSUP MFG. ) JESSUP MFG. FOR A MAP AMENDMENT AND CONDITIONAL ) 2807 W Route 120 USE PERMIT PURSUANT TO THE ZONING ) Map Amendment & Cond. Use ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRti' 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 March 1, 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, John Howell, Chuck Lovett, )on Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio L 5. Director of Community Development: Absent. 6. Petitioner: Robert Jessup owner of Jessup Manufacturing, 2815 West Route 120 McHenry, Illinois 60050. 7. Attorney for Petitioner: Militello, Zanck and Coen, represented by Mark Saladin, 40 Brink Street, Crystal Lake, Illinois 60014. 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 February 13, 1999. Publisher's Certificates 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-Jessup 3/1/99 � LOCATION The subject property is located at 2807 West Route 120, McHenry, Illinois 60050. It is currently improved �vith an office, warehouse and contains outside storage for plumbing equipment. SUMMARY The Petitioners are seeking the following: • Map amendment from C-5 to I-1 Conditional Use Permit to allow outdoor storage. TESTIMONY Chairman Semrow swore in Petitioner Robert Jessup. Attorney S��ladin provided the Board with an overview of the previous zoning action approved for the subject property which was annexed into the City of McHenry in 1995 as a part of the East of the Fox River Annexation. The property in question is currently being used by a plumbing contractor for an office and warehouse for his business operation. Mr. Jessup has purchased the property with the intent of future expansion of his manufacturing business located at 2815 west Route 120. However, the current tenant will continue with his plumbing business on the site. His current lease extends until 2001. Petitioner Jessup noted his company fabricates non-slip materials and grip tape used in the production of skate boards, stair treads and the like. The company also fabricates rubber � products through stamping and slitting of rubber material soft goods. The materials are manufactured elsewhere. Only the end product is produced through stamping or slitting on site. There is no molding or forming on the premises. Rubber materials arrive in a finished state. Mr. Jessup stated the property in questions was purchased by Jessup Manufacturing in February 1998 from Mr. Retek and leased back to Mr. Retek for uses in his plumbing business operation. Attorney Saladin noted the Petitioner needs to maintain the conditional use for outside storage for his tenant during the life of his lease. In addition, the Petitioner would like to maintain consistency of permitted or allowable use between the two parcels: the existing Jessup Mfg. Operation and the leased parcel to Retek Plumbing. Attorney Saladin went over the Approval Criteria for Map Amendments and Conditional Uses as stated in the Petition. QUESTIONS BY MEMBERS OF THE BOARD Lovett asked if the Conditional Use request is for outside storage of plumbing equipment and supplies as well as the job trailer. He noted Form A, Paragraph 7 of the Petition lists several others uses, many more than those found in Paragraph 6, of the Petition. He expressed concern with inconsistencies within the Petition. He asked for clarification. A Lengthy discussion followed. Lovett also noted outside storage would be more visible on the subject property than it is on the existing manufacturing operation property due to the topography of the land. Jessup \.. responded he would be required to reduce the elevation of the land on the new parcel in order to build on it. He stated he is willing to screen the outside storage so that it would not be visible from Route 120. Page 3 ZBA-Jessup 3/1/99 � Attorney tilcArdle suggested the Board focus on the subject property. The Petition is not clear as to the pc�tential use of this property. He asked the Board to consider, if Mr. Retek discontinues his use of this parcel, should the conditional use expire at that time. Discussion continued. It was the consensus of the Board and the Petitioner to limit the conditional use request to the items mentioned in Form A, Paragraph 7 modified as follows: Remove the listed use beginning with "...including plumbing supplies and trailer. Storage of propane tanks in outside metal building...". through the phrase "Site also uses dumpsters for collection of on-site debris as well as off-site debris." The Petitioner agreed to amend the Petition on its face to reflect the afore-mentioned changes to Form A, Paragraph 7. Cadotte asked if the proposed zoning and use is in conformance with the proposed updated comprehensive plan. Maggio responded that is correct. Cadotte asked the potential use of the adjacent Roberts Property as indicated in the Comprehensive Plan. Attorney Saladin noted the property in question is contained internally within the bounds of the existing Jessup Manufacturing Property. It is the existing Jessup Manufacturing Property, which is actually adjacent to the Roberts Property. The buffering which would be required when the Roberts Property is developed, would be required of the developer of that property because the Jessup Property was developed first. � CLOSING STATEMENT BY PETITIONER Attorney Saladin stated the Petitioner is requesting a map amendment from C5 to 11 and a Conditional Use Permit to allow the uses as amended on the face of the Petition as agreed to during this hearing. It is necessary the existing plumbing business on the subject property be permitted to continue for the duration of the Retek Plumbing business on this site. Attorney Saladin noted the Petitioner has met all of the Approval Criteria for map Amendments and Conditional Use Permits. The proposed use of the property is consistent with the City's Comprehensive Plan. The Petitioner is seeking a favorable recommendation to the McHenry City Council. 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." DELIBERATION AND RECOMMENDATION Motion by Lovett, seconded by Cadotte, to recommend to the City Council that • the Petitioner's request for reclassification from C5 Highway Commercial to 11 Industrial Zoning District be granted; that a Conditional Use Permit to allow the following : � Page 4 ZBA-Jessup 3/1/99 � General industrial usages associated with the manufacturing and distribution of industrial and consumer products; general office usages to support manufacturing operations; fabrication from rubber, vinyl, paper, felt or other similar soft goods with or without adhesive into finished products, per customer specifications; fabrication of non-slip materials per customer or Jessup Mfg. Specifications; application of adhesive to rubber, vinyl, paper, felt or other similar soft goods; packaging or products such as grinding wheels, cut-off blades, sharpening stones, non-slip materials, rubber, felt and other similar products for distribution to distributors for the customer markets; outside storage of skids and raw materials, plumbing supplies and a job trailer; Subject to the condition that the Outside Storage of plumbing supplies and a job trailer will be discontinued when the Retek Plumbing Business operation ceases to exist. and that Table 33, the Approval Criteria for Zoning Amendments, on page 410 of the Zoning Ordinance have been met; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 have been met.; Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. �" Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. ADIOURNMENT Motion by Ekstrom, seconded, by Lovett, to adjourn the hearing at 8:11 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. The hearing was adjourned at 8:11 p.m. es ctfully submi ed j ��D'�'�� Harry Se 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-467