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HomeMy WebLinkAboutMinutes - 8/17/1998 - Zoning Board of Appeals ZONINC BOARD OF APPEALS AUGUST 17, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-455 � BUSS FORD SALES AND STEPHEN BUSS, AS ) Buss Ford Sales OWNER, FOR A CONDITIONAL USE PERMIT ) 1109 N. Front St PURSUANT TO THE ZONING ORDINANCE OF ) 3925 W Elm St THE CITY OF MCHENRY, MCHENRY COUNTY, ) ILLINOIS. ) Conditional Use 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 August 17, 1998. Chairman Semrow called the hearing to order at 7:35 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Paula Ekstrom, John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: Randy Christensen. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio. � 5. Petitioner: Buss Ford Sales represented by Stephen Buss, 3925 West Elm Street, McHenry, Illinois 60050. 6. Attorney for Petitioner: James S. Cowlin, 4108-A West Crystal Lake Road, McHenry, Illinois 60050. 7. City Council Members: Alderman Andrew Glab. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on July 27, 1998. 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. LOCATION The subject property is located at 3925 West Elm Street and 1109 North Front Street, McHenry, Illinois 60050. � SUMMARY The Petitioners are requesting the granting of a Conditional Use Permit to allow an Open Sales Lot for motor vehicle sales. Page 2 ZBA-BusS 8/17/98 TESTIMONY � Chairman Semrow swore in the following witnesses for the Petitioners: 1 . Stephen E. Buss, 1315 North Matanuska Trail, McHenry, Illinois 60050 2. Timothy Hartnett, Smith Engineering, 4500 Prime Parkway, McHenry, Illinois 60050. 3. Joseph Carey, Ridgeview Electric, 1400 North Ridgeview Drive, McHenry, Illinois 60050. Mr. Buss stated he has recently purchased the property located at 1109 North Front Street, at the southwest corner of the intersection of Front and Elm Street. He plans to demolish the building on this lot. The lot would then be regraded and paved to enlarge the open sales lot located at 3925 West Elm Street. He noted there is a steep incline between the two parcels which would be removed so that the entire paved surface would be pretty much level. Buss said the property located at 1109 North Front Street formerly housed the Gary Lang Cadillac dealership. This property has been an automobile dealership for at least the last 50 years. However, no conditional use permit was required at the time this first became an automobile dealership. A conditional use permit is currently required by ordinance to allow an open sales lot at this facility. Buss stated there would be no service of vehicles on this property. All vehicle service for his dealershiK� is conducted at their facility located at 4011 West Main Street. There is no proposed addition or renovation work anticipated at the dealership building located at 3925 West Elm Street. � Attorney Cowlin went over the Approval Criteria for Conditional Uses as stated in the Petition. QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD Meyer asked if the hill would be removed between the two lots. He noted there is quite a large grade difference between the property at 3925 West Elm Street and 1109 North Front Street. Buss said the lots would be graded so that the hill would disappear. Ekstrom asked if the curb cuts would remain the same from Elm Street and Front Street. Buss deferred the question to Tim Hartnett. Hartnett stated there are currently two curb cuts on Elm Street and two curb cuts on Front Street. He noted IDOT has granted approval for single access points on both Elm Street and Front Street. Both access points will be right in right out only. Lovett expressed concern regarding potential drainage problems with the re-grading of the lots and removal of the "hill" between them. Hartnett noted there is a storm water system on Route 31 and on Route 120 which will be able to accept surface water drainage from this property, even after the re-grading of the lots. Hartnett noted IDOT has approved the drainage plan with drainage going into the existing storm sewer system. The property will rise two feet from Route 120 to the south property line when the grading is complete. The rear of the property will be two feet higher than the north property line. Hartnett stated in this way there would be good visibility for all vehicles displayed in the open sales lot. � Meyer asked if the elevation at the south property line would be changed. Hartnett responded the elevation could not change at the south property line so as to not adversely impact neighbors to the south. It was pointed out the elevation at the south property line will not be Page 3 ZBA-Buss 8/17/98 changed. There will be 118 parking spaces for display purposes. � Cadotte ��sked if the right out exits will have "Do Not Enter" signs posted; will there be "No Left Turn" signs posted from each of the two right out exits? Hartnett said these signs are required by IDOT in addition to stop signs at each exit point. Lovett opined he would like to see some attempt at landscaping the open sales lot. He stated he would like to see some parking island strips as well in order to break up the large asphalt lot. Buss responded every island that would be put in would mean a loss of available parking spaces for display purposes. In addition, parking islands make it extremely difficult to plow in the winter. Buss said that with regard to landscaping, trees produce sap which harms the finish on the vehicles in the lot. Meyer pointed out the back of the buildings located on Main Street, which will now be highly visible once the building at 1109 North Front Street is demolished, are really an eyesore. He asked if th�ere was any plan to improve the aesthetics once the building is removed. Could the Petitioners put in some plantings to help make this sight more appealing. Buss responded he is not op��osed to putting up a fence, if it would be acceptable to his neighbors to the south. He stated he believed his neighbors would prefer to have the higher visibility possible without a fence, however. A fence might block potential commercial exposure. Semrow stated a fence would not really help the aesthetics. The tree sap would be a problem as far as damaging the finish of the vehicles on the sales lot. � Howell asked if the Petitioner would consider landscaping along Route 120 and Route 31. He stated the Council has been working hard to improve the appearance of the commercial district and he does not see the asphalt parking lot along with the rear of the Main Street building as being very pleasing to the eye. Buss responded there is some landscaping in place in the triangle owned by IDOT. General discussion followed regarding potential ways to break up the large asphalt lot and to incorporate some landscaping into the plan. It was pointed out that approximately 7,000 square feet of open sales lot space will be added to the existing lot once the building has been demolished. Buss took possession of this property in February. Mr. Carey stated an open sales lot is basically an outdoor showroom. Lighting is used to help in the display of the vehicles as well as to protect the stock during non-business hours. when the lights are turned off at 11 p.m. there are still some lights which will remain on for security purposes. Mr. Carey stated the light standards will be 20 feet high with a two foot base. The lights will be direct down lights with forward-throwing reflectors. The light poles will be spaced on the lot similar to how they had been placed before when this property was an automobile dealership. Lovett asked the Petitioner if he would consider placing some type of landscaping on the site. Buss said he has already given a lot. He has given up parking spaces and he cannot lose any � more of his display space. Lovett expressed concern regarding the potential "asphalt jungle" at this highly visible intersection. Howell agree with Lovett and noted the City has done a lot of make-shift variances in town. He stated he believed it is the responsibility of property owners to improve the frontage of the busiest intersection in town if this conditional use is Page 4 ZBA-Bus�: 8/17/98 granted. Howell stated it is the responsibility of the property owner to have aesthetic � stewards��ip of his property. Further discussion followed. CLOSING STATEMENT BY PETITIONER Attorney Cowlin stated his client will be making substantial improvements to the lot. In addition, he has given up one access point to Route 120 and one access point to Route 31. Mr. Buss can not control the maintenance of the rear of the buildings along Main Street. He stated he is willing to put up a fence should the City request it and his neighbors do not object to it. Because conditional use permits were not required when Buss Ford was established, the Petitioner is requesting the granting of a conditional use permit for his entire motor vehicle sales operation, including the open sales lot on both 3925 West Elm Street and 1109 North Front Street. Drainage questions were addressed during the testimony. IDOT has approved the access points which will add to traffic safety at this intersection. Chairman Semrow stated, "there being no further testimony before this Board with regard to this Petition, the Board will consider this Petition 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 Cadotte, seconded by Meyer, to recommend to the City Council that the Petitioner's request that the subject property be granted a Conditional Use Permit for the operation of an Open Sales Lot for Motor Vehicles be granted; and that Table � 31, The Approval Criteria for Conditional Uses, Pages 357-358 of the Zoning Ordinance have been met. Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow. Voting Nay: Lovett. Not Voting: None. Abstaining: None. Absent: Christensen. Motion carried 5-1. ADIOURNMENT Motion by Meyer, seconded by Ekstrom, to adjourn. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen. Motion carried 6-0. This hearing of the Zoning Board of Appeals was adjourned at 8:35 p.m. espectfu ly subm' ed, �� , 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, Star Newspaper, File Copy. Z-455