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HomeMy WebLinkAboutMinutes - 7/6/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS JULY 6, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-454 � DICK BUCHERT AS CONTRACT PURCHASER, ) Buchert AND GARY BERTRAND AS PROPERTY OWNER, ) 4003 W. Main Street FOR VARIANCE PURSUANT TO THE ZONING ) ORDINANCE OF THE CITY OF MCHENRY, ) Parking Variance 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 6, 1998. Chairman Semrow called the hearing to order at 7:31 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: John Howell. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. C�ty Planner: Phillip Maggio. �, 5. PE�titioner: Dick Buchert, 1700 North Riverside Drive, McHenry, Illinois 60050. 6. Attorney for Petitioner: None. 7. City Council Members: Alderman Glab. 8. Court Reporter: None. 9. Registered Observers: Mike Fleming, Grand Prix Car Wash, 4002 Main Street, McHenry, IL 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 13, 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. LOCATI ON The subject property is located at 4003 West Main Street, McHenry, Illinois 60050. Property Index Numbers are 09-26-355-018 and 09-26-355-021 . SUMMARY �, The Petitioner is requesting a variance as to the parking requirements to allow the construction and operation of a 33 unit hotel with 21 parking spaces. Page 2 ZBA-Bucl�ert 7/6/98 TESTIMONY � Chairman Semrow swore in the following witnesses for the Petitioner: 1. Dick Buchert, 1700 North Riverside Drive, McHenry, Illinois 60050 2. Ken Schaeffer, Architect, 4903 Brorson Lane, McHenry, Illinois 60050. Petitioner Buchert noted the subject property is zoned C5. He would like to purchase the property and convert the existing building to a hotel. He is proposing a building addition as well. There would be a total of 33 hotel units on the premises. He stated his tenants do not generally own cars. He therefore believes that the 21 parking spaces indicated on the site plan would be adequate for this facility. Buchert noted the parking spaces would also be used by some of his tenants who reside at 3939 West Main Street, the McHenry Depot Hotel, which is adjacent to the subject property. The property located at 3939 West Main Street is zoned C4. There are no off-street parking spaces required in the C4 District. Architect Schaeffer stated the property is relatively difficult to develop and work with. The Petitioner needs a location for this facility which would be central to the downtown area. The proposed property would provide a good location for the hotel. The tenants for this facility would need access to public transportation and public services. The downtown location would have these services available for the tenants. Schaeffer noted the (ot is irregularly shaped. The existing building is a very solid building and will be remodeled rather than razed. Schaeffer noted the Petitioner's previous experience with tenants is that 21 parking spaces should bE� adequate for both the existing McHenry Depot Hotel and the proposed hotel on the subject property. � UESTIUNS OF THE PETITIONER BY MEMBERS OF THE BOARD Semrow :�sked if the parking variance was needed due to the number of units being proposed for the h��tel. He said he believed the Petitioner was causing his need for variance. If less units were created, there would be no need for a variance as to the parking requirements. Lovett asked the number of parking spaces available at 3939 W. Main Street (McHenry Depot Hotel). Buchert responded there are two parking spaces for that facility. Meyer asked the turnover frequency of the clientele for the McHenry Depot Hotel. Buchert said he has one tenant who has been there more than twenty years. However, the length of stay varies. He rents the rooms by the week. Lovett asked how many units could be built and still maintain the required 1/1 ratio of unidparking space on the site. Schaeffer said approximately 25 or 26 units could be built and there would be a 1/1 ratio. Lovett asked if the rooms would be single occupancy. Buchert stated he would be putting double beds in all units. Semrow noted there could be a possibility of 66 tenants, which could increase the number of cars owned and parked by tenants on the premises. Lovett said in that event, the required 33 parking spaces may not even be adequate. Lovett, citing the chart included in the Petition which indicated the occupation, source of income, and the possession of cars of each of his tenants at 3939 W. Main Street, stated that four of the 21 spaces indicated on the site plan would most likely be used by McHenry Depot Hotel tenants. Since there are only two parking spaces available at 3939 W. Main Street, and � there are 6 tenants who presently own vehicles, four of those tenants will be parking on the subject property. Buchert stated that is correct. Lovett said in reality the Petitioner is asking for a variance to allow only 17 parking spaces, inasmuch as 4 of the 21 have already been spoken for by the residents at 3939 West Main Street. Page 3 ZBA-Buchert 7/6/98 Cadotte asked if the Petitioner was aware of the C5 zoning and parking requirements prior to � drawing �ap the plans for this proposal. Schaeffer said the C5 zoning was determined prior to drawing the plan. Cadotte stated his belief that the Petitioner is trying to put too much on this small lot. Buchert responded he is proposing 33 rental units and there is no way each tenant would have their own vehicle. His business clientele generally do not own automobiles. Ekstrom asked the Petitioner to describe how large each unit would be. Buchert said the units would be small efficiency one-room units. Each unit would have its own bathroom, small refrigerator and microwave. Christensen asked why the Petitioner does not opt to build up and put a second story on the existing building, rather than constructing the building addition which increases the footprint of the building. Schaeffer responded he is not sure the foundation could support a second story. Christensen, noting the English basement of the addition, asked if the building would be handicapped accessible. Schaeffer said a ramp was being proposed to make the building accessible. Christensen said replacing the bar joists and reinforcing the foundation could possibly provide for the ability of erecting a second story on the existing structure. The Petitioner could then easily have 30 units and still meet the parking requirements. Lovett asked if the units were being constructed for one or two occupants. Buchert said they were being built for two, however, in all likelihood, there would only be one resident per unit. Semrow asked why the Petitioner is choosing to design the structure to accommodate two people per unit, when he is expecting only one tenant per unit. A lengthy discussion ensued � regarding the possible number of tenants in the facility. Semrow expressed concerns regarding a possible increase on the burden of the City with regard to parking on Main Street. He stated there sho�ald be no impact on City services, including parking, due to the granting of the requested variance. There is already an overburdened parking problem on Main Street. Granting this variance could exacerbate the problem. UESTIONS OF THE PETITIONER BY OBIECTORS/OBSERVERS Carol ean Smith: If the Petitioner owns both the existing hotel at 3939 West Main Street, as well as the proposed hotel on this property, what guarantee does the City have that tenants from 3939 West Main Street will not use this proposed parking lot to park their vehicles. Buchert said they probably will use this lot. Smith noted there are presently parking spaces on Main Street, located in front of the proposed hotel. Would tenants of the proposed hotel be able to use these parking spaces and deprive the general public from using them when they conduct business on Main Street? It was pointed out the City does not specify who may use public parking spaces. The only limitations are the duration of time for which these spaces may be used during regular business hours. There is no overnight parking on Main Street. Mike Flemin�: What would the next owner of this property do for parking? Semrow stated if the variance is granted it would go with the land and not the owner. Christensen asked why the northwest edge of the property, 29' in width, is not being used. Buchert said this strip of land is a part of this parcel; however, the Railroad Company has �„ signed a lease through the year 2000. He noted if this land becomes available for his use, he would be willing to incorporate additional parking on the site. Page 4 ZBA-Buchert 7/6/98 General discussion occurred regarding the possibility of creating a driveway between the two � hotels: 3939 West Main and 4003 West Main. It was the consensus this would eliminate existing parking spaces on Main Street and should not be pursued. CLOSING STATEMENT BY PETITIONER Petitioner Buchert stated the reason he is requesting the variance for this particular property is the fact that he is 99% sure he will not need the 33 parking spaces required should he construct 33 rental units. He said he feels very comfortable with the proposed 21 parking spaces. There would be adequate parking for both hotels. He stated he is asking for the variance at this location because his business clientele do not have cars and they need to walk to obtain various public services. This location is ideal for this type of clientele. He said he will improve the overall appearance and maintenance of the building. He noted he stands on his record in this regard. 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 bv Christensen, seconded by Lovett, to recommend to the City Council that the Petitioner's request that the subject property be granted a variance as to the parking � recuirements to allow the construction and operation of a 33 unit hotel with 21 parking sp�ces be granted; and that Table 32, the Approval Criteria for Variances, pages 377- 37�3 of the Zoning Ordinance, have been met. Voting Aye: None. Voting Nay: Cadotte, Christensen, Ekstrom, Lovett, Meyer, Semrow. Not Voting: None. Abstaining: None. Absent: Howell. Motion fai led 0-6. Lovett stated he voted against the proposal for the following reasons: • The Petitioner did not meet Approval Criteria #3 and the requested variance is due to his desire to put too many units on this property. If less units were constructed, the parking requirements could be met. • The adjacent hotel at 3939 West Main Street is already short of parking and a variance for this property would make the situation worse. Semrow stated the Petitioner is creating his own problem and need for variance. He opined the Petitioner would have to make a very strong argument in order to obtain any parking variance whatsoever because he is creating his own need for the variance. He stated in good conscience he could not support this request for variance. � Cadotte stated he likes the idea of the hotel, but parking planned for the site is not adequate. The Petitioner should consider reducing the number of units and build up instead of out as previously suggested. Page 5 ZBA-Bucnert 7/6/98 Meyer said a variance of 12 parking spaces is too many. He stated he is confident the � Petitioner could find a way to construct the hotel with at least a smaller variance or perhaps no variance at all. The Petitioner has already acknowledged there is a parking problem at 3939 West Main Street. Meyer stated he finds it strange the Petitioner is building every room for double occupancy if he only anticipates 33 tenants in the 33 units. ADIOURNMENT Motion by Christensen, seconded by Lovett, to adjourn. Voting Aye: Cadotte, Christensen, Ekstrom, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. This hearing of the Zoning Board of Appeals was adjourned at 8:58 p.m. Respectfully su itted, � �=�l.lL� \.. Harry S row, Chairman Zoning Board of Appeals c: Zoiing Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, Objectors/Observers (1), B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, File Copy. Z-454 �