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HomeMy WebLinkAboutMinutes - 10/19/1998 - Zoning Board of Appeals , ZONING BOARD OF APPEALS OCTOBER 19, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-458 PRIME COMMERCIAL CORPORATION, AS ) Prime Commercial �— CONTRACT PURCHASER, AND FIRST MIDWEST ) 420 N. Front St BANK AS TRUSTEE UNDER TRUST NO. 3879, ) OWNER, FOR A MAP AMENDMENT AND USE ) Map Amendment VARIANC:E, PURSUANT TO THE ZONING ) Use Variance 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 September 14, 1998, and recessed to this date. 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, Harry Semrow. Absent: Chuck Lovett, Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer `' 4. City Planner: Phillip Maggio. 5. Petitioner: Prime Commercial Corporation. 6. Attorney for Petitioner: Militello Zanck and Coen represented by Thomas Zanck, 40 Brink Street, Crystal Lake, Illinois 60014. 7. City Council Members/Staff: Alderman Andrew Glab, Director of Community Development Napolitano. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herafd on August 19, 1998 and re- published on October 3, 1998. 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. `' LOCATI ON The subject property is located at 420 North Front Street, McHenry, Illinois 60050, and is comprised of 2.79 acres. It is currently improved with a structure being used as law offices. - � Page 2 ZBA-Prinie Commercial 10/19/98 SUMMARY The Petitioners on September 14, 1998 requested the granting of a reclassification from RS-3 `-' to C-3 C:ommunity Commercial Zoning District. The Petitioners have since met with neighborhood residents and have amended their Petition. Revised notification was made pursuant to State Statute and City Zoning Ordinance. The Amended Petition filed with the Office of the City Clerk is requesting the following: • Reclassification from RS-3 to O-2 Office Park; • Granting of a Use Variance to allow the following uses on the subject premises: Antique Shop; Art Shop or Gallery; Barber/Beauty Shop/Hair Styling Salon; Bookstore or Book and Stationery Store; Camera Shop & Photographic Supplies; China & Glassware Store; Coin & Philatelic Shop; Dressmaking; Dry Cleaner & Laundry (processing done off-site); Florist Shop; Gift or Card Shop; Hobby & Craft Store; Interior Decorating Shop; Jewelry Sales & Repair; Musical InstrumentSales/Repair; Optician Sales/Retail; Philanthropic & Charitable Organizations; Travel Bureau. TESTIMONY Attorney Tanck stated the Petitioners are seeking reclassification from RS-3 to O-2 Office Park Zoning. In addition, the Petitioners are requesting the granting of a Use Variance to allow only the uses specified in the Amended Petition. Mr. Zanck noted Prime Commercial, the Petitioner, has developed the McHenry Corporate Center Business Park. They would like to relocate their corporate headquarters on the subject property from the Business Park. `'" The subject property is located 150 feet south of the intersection of Anne Street and Route 31 on the east side of Route 31. Zanck stated in the 70's a variance was obtained for the use of a law offic:e in a residential building. The Petitioner intends to purchase the property, raze the building, and construct an office building on this site. The proposed office building would be approximately 21,322 square feet in area. In addition to the corporate headquarters of Prime Commercial, the building would be used for various retail/service uses as specifically itemized in the Amended Petition. To date, the Petitioner has secured one potential tenant, a high quality beauty salon. The Petitioner has met with area residents with the following resulting changes in the original site plan: • Park Spaces reduced from 93 to 79; • Building area reduced from 26,000 square feet to 21,322 square feet; • Increased north sideyard setback to 173 feet (ordinance requires 30 feet); • Increased east rear yard setback to at least 73 feet ( greater at some points on plan); • Preservation of existing quality trees on north, east and south of property. Mr. Zanck noted the lot has a rolling terrain. This is a changing area in the City of McHenry. The revised Petition is in compliance with the City's Comprehensive Plan which indicates � office use for this area. The proposed building would be a two-story building and would have an elevator. There will be a two-story atrium with fireplace and sitting area on both the first and second floor. From � Page 3 � � ZBA-Prirr�e Commercial 10/19/98 the east elevation, because the building will be constructed into a hill, it will appear to be a single story structure and will blend very well with the existing residential area. From Route `- 31, both stories of the office building will be evident. The front facade will be stone, masonry and glass. It will be constructed so that it fits in harmoniously with residences in the neighborl�ood. The project is a $2.5 million building. The Petitioners intend to attract the type of tenants which would be high quality and be an attribute to the site, as this will be the corporate headquarters of Prime Commercial . Attorney Zanck went over the Approval Criteria for Map Amendments and Zoning Use Variances. UESTIONS BY MEMBERS OF THE BOARD Ekstrom ��sked if there were any firm commitments from possible tenants. Mr. Zanck respondec� a commitment has been received from Mr. Kilday, for a high quality hair styling salon. Howell asked if the Amended Petition was the result of negotiations with the residents of the neighborhood. Zanck replied the list of potential uses permitted in the Use Variance was derived from a three and one half hour meeting with the neighborhood residents, in addition to Staff input. Semrow noted the only proposed use he could foresee a problem with was the dry cleaning establishment and a possible future request for on-site processing. Zanck stated the Petitioner would never consider leasing to a dry cleaning establishment with on-site processing. On-site `' processing would not be compatible with the upscale corporate office of the Petitioner. Howell asked if this site would be the new location of Prime Commercial corporation headquarters. Would Prime Commercial be making a long-term commitment to this site? Zanck responded Prime Commercial intends to move all corporate offices to this location. Attorney Zanck introduced into evidence a letter dated October 8, 1998, written by Mr. Steve Clementz. Mr. Clementz is an abutting neighbor to the subject property. In addition, he is associated with the firm Cornerstone Material Recovery. Mr. Clementz stated in his correspondence his support of the project and his request that Cornerstone not be considered in the bidding process for the demolition of the existing structure on the subject property so as to prevent a possible conflict of interest. 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-Prime Commercial 10/19/98 DELIBERATION AND RECOMMENDATION � Motion by Howell, seconded by Ekstrom, to recommend to the City Council that thc� Petitioner's request for a reclassification from RS-3 to O-2 Office Park Zoning District be granted; that the Petitioner's request for a Use Variance to allow the following uses on the subject premises be granted: Antique Shop; Art Shop or Gallery; Barber/Beauty Shop/Hair Styling Salon; Bookstore or Book and Stationery Store; Camera Shop & Photographic Supplies; China & Glassware Store; Coin & Philatelic Shop; Dressmaking; Dry Cleaner & Laundry (processing done off-site); Florist Shop; Gift or Card Shop; Hobby & Craft Store; Interior Decorating Shop; Jewelry Sales & Repair; Musical Instrument Sales/Repair; Optician Sales/Retail; Philanthropic & Charitable Organizations; Travel Bureau; that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, has been met; and that Table 32A, the Approval Criteria for Use Variances, page 379, has been met. Voting Aye: Cadotte, Ekstrom, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. � Absent: Lovett, Meyer. Motion carried 4-0. Howell commended the Petitioner for the time spent in working with the neighbors in order to bring a quality project forward, at the same time, satisfying the needs and concerns of residents in the neighborhood. ADIOURNMENT Motion by Ekstrom, seconded, by Cadotte, to adjourn the hearing at 7:55 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Lovett, Meyer. Motion carried 4-0. The hearing was adjourned at 7:55 p.m. Re ull submi ed, ; i Harry Semr , Chairman Zoning Bo rd 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, Star Newspaper, File Copy. Z-458