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HomeMy WebLinkAboutMinutes - 7/20/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS J U LY 20, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-448 � MCHENRY SCHOOL DISTRICT 15 AS CONTRACT ) School District 15 PURCHASER AND MR. AND MRS. ANDREW ) 3606 West John Street PACE, OWNERS, FOR A CONDITIONAL USE ) PERMIT, PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF MCHENRY, ) Conditional Use 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 July 20, 1998. Chairman Semrow called the hearing to order at 7:35 p.m. The following persons were in attendance: 1. Zc�ning Board Members: George Cadotte, Paula Ekstrom, John Howell, Chuck Lovett, Harry Semrow. Absent: Randy Christensen, Jon Meyer. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio. � 5. Petitioner: McHenry School District 15 represented by Robert Ungaro, 1011 North Green Street, McHenry, Illinois 60050. 6. Attorney for Petitioner: None. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers: Harold Hettermann, 3615 W. John Street, McHenry, IL 60050. Barbara Bittermann, 3614 W. James Street, McHenry, IL 60050. Doris Harris, 3611 W. John Street, McHenry, IL 60050. Linda Geske, 408 Kensington Drive, McHenry, IL 60050. Earl Dowell, 3611 W. John Street, McHenry, IL 60050. Kathleen and Glen Dixon, 3612 W. John Street, McHenry, IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 25, 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. Page 2 ZBA-District 15 7/20/98 LOCATION � The subiect property is located at 3606 West John Street, McHenry, Illinois 60050. SUMMARY The Petitioners are requesting the granting of a Conditional Use Permit to allow Educational Administrative Use as parking lot and future offices on the subject property. TESTIMONY Chairman Semrow swore in the following witness for the Petitioners: 1. Robert Ungaro, 1011 North Green Street, McHenry, Illinois 60050 Mr. Ungaro stated School District 15 is seeking to purchase the property located at 3606 West )ohn Street which is currently zoned RS4 High Density Single Family District and being utilized as a single family residence. The School District is requesting a conditional use permit to allow the construction of 15 parking spaces on the subject property. Ungaro stated the School District currently has 26 employees at the Administrative Offices located at 1007-1011 North Green Street. There are 29 parking spaces. The amount of parking is not adequate during the school season when administrative personnel from each of the schools come to the facility for daytime meetings. Ungaro noted the administrative personnel, which includes the principal and assistant principal at each school building, must sometimes park three blocks away frorn the site due to parking shortage in the immediate area. In addition, Ungaro pointed out the Administrative Offices are being used for computer � training. At any one time there could be as many as 30 teachers present for training. Parking is not adequate to serve these needs. The purchase of the subject property would afford additional parking spaces, although there would still be a shortage of parking. Ungaro stated the School District is planning to rent out the residence on the subject property until such time as it would need to be converted to office space for additional administrative staff. Petitioner Ungaro noted the School District would landscape the perimeter of the lot in order to screen the parking lot from abutting residential properties. Lighting would be installed, but it would not adversely impact the neighbors. The lights would be motion sensitive instead of set by timer. Ungaro stated the parking lot would be used mostly during daytime hours. During evening School Board Meetings, on-street parking could be utilized. QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD Cadotte asked if access to the proposed parking spaces would be gained from John Street or Main Street. Ungaro responded since the residential building on the subject property would be continued to be used as a private residence at this time, entrance to the parking lot would be from Main Street only. The parking lot will not extend through to John Street. Ekstrom asked if the School District owns the subject property or if there is a contract pending. Ungaro said there is a contract pending the results of the request for Conditional Use Permit. Lovett asked if the two properties south of 1007 North Green are private residences. Ungaro � responded they are. Lovett said he is not in favor of surrounding two residences with a commercial use. Page 3 ZBA-District 15 7/20/98 General discussion ensued regarding the possibility of the Administrative Offices being moved � to another location which would afford more room for natural expansion as growth occurs. It was noted Staff had increased from 15 to 26 since 1994 when the facility at 1011 North Green Street was purchased from the Library District. Cadotte asked why the district did not use the cafeterias in school buildings for training. Ungaro responded the cafeterias are being utilized for special classes, such as one on one tutoring, etc. throughout the day. Further discussion followed regarding the frequency and number of visitors to the administrative facility. Semrow opined the creation of a parking lot on the subject property would significantly impact the abutting residences. These residences would be surrounded by commercial parking. It would have a detrimental impact on abutting property values. Ungaro noted the grounds would be kept clean and well-maintained. Semrow asked the duration of a typical School Board meeting. Ungaro said they could last until approximately midnight. Lovett asked if the Petitioners had spoken to any local realtors to ascertain the possible impact on abutting property if the parking lot were installed. Ungaro responded the realtor who has listed the property at 3606 West John Street advised there would be no negative impact on abutting properties. Lovett noted this realtor has a vested interest in the sale of this property and perhaps would not provide an unbiased opinion. � Howell noted that having administrative personnel walk three blocks to come to a meeting at this facility is not necessarily a hardship. He stated he doesn't see that as a reason to intrude into this residential neighborhood with a parking lot in the midst. Lovett asked if the parking problem was only evident when training and Administrative Meetings were held concurrently. Ungaro responded the problem was present when either event was scheduled. The Staff Development area in the basement easily accommodates 30 people. The Board Room accommodates 30-40 people. Semrow noted the District may be over-utilizing the facility for the purpose for which it was intended. Howell noted the solution being provided is just a stop-gap measure and the parking problems would still exist even if the Conditional Use were granted. Cadotte, referencing the Petition's mention of future office space in the building located at 3606 West John Street, asked what type of offices would be put in this building. Ungaro responded he is not certain at this time. The type of offices would be dictated by the population increases and the way in which the Administrative Staff would have to be increased. Howell stated he is concerned regarding the plans for the current District 15 Administrative facility property in light of growth in the area. This property would not be able to support Staff �, growth needs concurrent with the District's added population. He noted in 1994 there were 15 Staff employees in the Administrative Facility. There are currently 26, which is nearly doubled in four years time. In addition, Mr. Ungaro has stated the number of people visiting the premises each day has nearly quadrupled. This use is providing too much stress on the Page 4 ZBA-District 15 7/20/98 neighborhood. This use is adversely impacting the area. � Semrow asked how many years it would be before the District is back requesting another expansion of their Conditional Use. He noted they were before this Board in 1994 when the original site at 1011 North Green Street was purchased from the Library District. In 1997, the District c:ame back to the Board for an expansion to accommodate more offices and limited parking. QUESTIONS OF THE PETITIONER BY OBIECTORS/OBSERVERS Kathleen Dixon: Are referendum funds or developer donation fees being used to purchase this property? Ungaro replied the Building and Operations Fund from real estate taxes are being used to purchase this property. Dixon estimated the District has spent approximately$344,000 in purchasing properties for administrative offices in this area, in addition to the funds which have been expended to renovate the buildings. She asked if it would not be less expensive to purchase property and build elsewhere at a location which could grow with the population? Dixon asked if high school students will park in the proposed parking lot. Ungaro said the lot would be posted for "Employee Parking". Dixon expressed concern that in the next ten years the buildings at 1007 North Green and 3606 West John Street would be torn down in order to make room for expansion of the building and/or parking for the administrative offices at 1011 North Green Street. She noted a business of this size employing more than 500 teachers, and utilizing these facilities for training of these employees, does not belong in a residential district. Dixon asked if the District would be required to maintain setbacks from the property boundary when the parking lot is installed. Maggio stated that no variance is being requested. `, Dixon asked what type of parking screening is being proposed. Ungaro replied 6 foot evergreens would be planted to screen the parking lot from the adjacent residential properties. Dixon asked if the District would install a fence. Ungaro stated if the City wanted a fence, one would be erected. Barbara Bittermann: She expressed concern regarding the District continuing to use the narrow drive from Main Street for access to the parking lot or even using the narrow drive off John Street if the parking lot were to ever go through to John Street. Semrow stated he believed a proposed parking lot in this area in the midst of residential housing is not appropriate. He opined he has a hard time conceptualizing a parking lot in this area of town. Cadotte stated this area of town is already a parking quagmire and this proposal would only add to it, through the construction of additional offices and expanding the use of the administrative facility even further. Robert Bittermann: If there are 40 people present for a meeting in the Board Room, and 30 people present for Staff Development in the Training Room, plus 10 visitors to the building, in addition to the 26 employees already present - where can you put all of these people in this building? What will you do in two years when you want to increase the offices and add more employees, where will you put the cars then? CLOSINC STATEMENT BY PETITIONER � Petitioner Ungaro thanked the Board and noted if the Conditional Use is granted, the traffic problem would not be 100% relieved, however, it would help to ease the pain of growth. If the Board decides this use does not fit into a residential district, he would have to go back to Page 5 ZBA-District 15 7/20/98 the School Board and come up with an alternative plan. Between the hours of 9 am and 3 pm � there is a large amount of traffic coming and going to the site. This presents a terrible parking burden c>n the School District. We are attempting to ease the burden and create additional parking through this request. CLOSING STATEMENTS BY OBIECTORS Kathleen Dixon 3612 West ohn Street• "I realize to ease your pain it would increase our pain. Thirty-five feet from the top of my deck I will be able to view a parking lot. I will lose the current view we have from our deck. This parking lot would attract roller bladers, skateboarders, as well as parties on the weekends. You may not realize it, but there are 21 children in this one block area. There are 14 children who live in the area which was served notice of this Public Hearing. I am against this proposal. I ask you to please protect the integrity of our homes and of our neighborhood. I have contacted Carol Perschke, the Township Assessor, who advised me our home will be devalued by 5% if this parking lot is installed. I have contacted a Broker with Century 21 Care Real Estate, who provided me with a letter acknowledging a property depreciation as a result of the granting of this request. I offer this letter in evidence. I have been assured that we stand to lose between $7,000-$10,000 in the value on our home if this parking lot goes in." Harry Hettermann 3615 West lohn Street• "My wife and I have lived in this neighborhood for more than thirty years. I am opposed to this request for the following reasons: 1 . If most of this lot is turned into a parking lot, it will lower the property value of my property; � 2. I'm concerned for the safety of children and Senior Citizens in the neighborhood. Pedestrians use the sidewalks and I'm concerned with additional vehicles entering and leaving the site and the safety of the people in our neighborhood; 3. The implementation of this parking lot would greatly change the appearance and character of our neighborhood; 4. Putting a parking lot in this location would provide an attractive nuisance for high school age kids to congregate. I believe this is providing a band aid solution for a much larger problem. In my opinion, this could create a really bad situation." Barbara Bittermann 3613 W lohn Street• "We have resided in this neighborhood for 36 years. I urge the Zoning Board not to approve this request for a conditional use to expand the existing parking lot due to the growth of the administrative facilities of District 15. I recognize the need to accommodate the needs of our children. But this is not the appropriate place to house the administrative offices, right in the midst of a residential district. The School District will rapidly outgrow this proposed expansion and need to relocate their administrative offices. I support the schools and the need to educate our children. But the character of this neighborhood would be destroyed is this request is granted. So many of the people in this area have lived in these homes their entire lives. This would greatly impact this area and destroy one of the friendliest neighborhoods in the community." 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." Page 6 ZBA-District 15 7/20/98 DELIBERATION AND RECOMMENDATION � Motion k�y Lovett, seconded by Cadotte, to recommend to the City Council that the Petitioner's request that the subject property be granted a Conditional Use Permit far an Educational Administrative Use as parking lot and future offices be granted; and that Table 31, The Approval Criteria for Conditional Uses, Pages 357-358 of the Zoning Ordinance have been met. DISCUSSION ON THE MOTION Ekstrom stated she was a member of the District 15 School Board at the time the property located at 1007 and 1011 North Green Street was purchased. She stated she would hate to see this zoning change granted right now. Once this parking lot was installed, the building could no longer be converted back to a residence. Howell noted the granting of this conditional use could have a domino affect. He commends the School board for providing the community with the "big picture" and for being willing to move forward with their plan. The bottom line in the current proposal however, is that the neighborhood stands to lose. The current proposal will not even solve the existing problem. Howell stated he urged the School Board to continue persevering, live with adversity, until a new location is determined for the administrative facilities. Lovett opined the training being provided in this facility is being done at this location merely as a convenience to the trainer. It would actually be more expedient to train the teachers, etc. � on the computers which they would use daily, at their school sites. Providing training at this location is certainly aggravating the existing parking problem. The Petitioners did not research how this use would impact the surrounding residents. They did not contact any realtors to determine if there would be a negative impact on property values. The objectors did their homework. They have shown there would definitely be an adverse impact on their property values. Providing 15 parking spaces would only be a temporary solution. Semrow stated this is indicative of a larger problem swelling. The growth being experienced by the ScNiool District at this time is only the beginning. Leap-frogging over properties in this block and purchasing each one as they become available will not ultimately solve the problem but create a larger one of overuse of the facility. The School board should look at long-term solutions that would be able to adjust to the DistricYs growing needs. Semrow noted he applauded the Objectors who went to the Township Assessor's office and obtained an independent real estate assessment of their property. This proposed use would impact the way of life of these residents, not just the property at hand. Cadotte stated his agreement with the other Board members. VOTING ON THE MOTION Voting Aye: None. Voting Nay: Cadotte, Ekstrom, Howell, Lovett, Semrow. Not Voting: None. � Abstaining: None. Absent: Christensen, Meyer. Motion failed 0-5. Page 7 ZBA-District 15 7/20/98 � ADIOURNMENT Motion t�y Lovett, seconded by Ekstrom, to adjourn. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Semrow. Voting hay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Meyer. Motion carried 5-0 This hearing of the Zoning Board of Appeals was adjourned at 8:58 p.m. Res ectfully submitte ; •�l Harry Semr , Chairman Zoning Boar of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), Administrator, Planner, PW Administration, City Engineers, Aldermen Reference C ply, `,. Petitioner, Objectors/Observers (6), B & Z Z o n i n g Fi le, Lan dmar k Commission Chairman, Northwest Herald, Star Newspaper, File Copy. Z-448 �