HomeMy WebLinkAboutMinutes - 6/15/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS
_ JUNE 15, 1998
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION OF ) Z-438(1)
� RICHARD AN D RITA ADAMS FOR A MAP ) Adams
AMENDMENT UPON ANNEXATION TO THE )
CITY OF MCHENRY, PURSUANT TO THE ) 1600' N of Rte 120
ZONING ORDINANCE OF THE CITY OF ) Map Amendment
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 June 15, 1998. Vice Chairman Lovett
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. Absent: Randy Christensen, Harry Semrow.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer
4. City Planner: Phillip Maggio.
� 5. Director of Community Development: Absent.
6. Petitioner: Richard Adams, 1618 West Lincoln Road, 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: None.
9. Court Reporter: None.
10. Registered Observers:
Ronald Dopke, 2801 Lincoln Road, McHenry, Illinois 60050
David Miller, 2717 Lincoln Road, McHenry, Illinois 60050
Ronald Raupp, 1215 Hillside Lane, McHenry, Illinois 60050
Tony Loden, 1213 Hillside Lane, McHenry, Illinois 60050.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on May 31, 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 approximately 1600 feet north of Illinois State Route 120 and
Adams Drive, north of Adams Enterprises Trailer Sales and Service, 2600 West Route 120,
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ZBA-Adams Annex
6/15/98
� McHenrv, Illinois, and south of Lincoln Road. The subject property is part of PIN# 09-25-326-
008, and extends from the northernmost boundary of the Adams property to the north, having
approximately 160 feet of frontage along Lincoln Road.
SUMMARY
The Petitioner is requesting the following for the subject property upon annexation to the City
of McHenry:
1. Zone the 4 acres immediately north of the Adams Property indicated as Lots 15
and 16 on the Preliminary Plat of Adams Commercial Subdivision as BP Business
Park District;
2. Zone the remaining 16 acres of subject property which extends north to Lincoln
Road as E Estate District.
TESTIMONY
Attorney McArdle swore in the following witness for the Petitioner:
1. Richard Adams, 1618 West Lincoln Road, McHenry, Illinois 60050
2. Charles Mionske, 2024 Route 176, Crystal Lake, Illinois 60014.
Attorney Saladin provided the Board with an overview of the Petitioner's request indicating the
subject property which is comprised of approximately twenty acres was purchased by the
Petitioner about one year ago. There is about 160 feet of frontage along Lincoln Road.. The
� Petitioner is requesting the two lots indicated as Lots 15 and 16 on the Preliminary Plat
prepared by Mr. Charles Mionske be classified as BP upon annexation with the remainder of
the subjec:t property to be classified as E Estate.
Saladin gave a brief synopsis of the annexation and zoning proceedings for the Adams property
in 1995 and 1996 when Adams Business Park was annexed into the City along with the other
parcels East of the Fox River. He noted Mr. Adams prepared a preliminary plan for his
Business Park at that time. As a result of engineering being completed on the site, the plan
has been reconfigured. The plan for the Business Park now shows two cul-de-sacs rather than
the loop road. Two access points to the subdivision from Route 120 are proposed and
tentatively approved by IDOT. The first is at Adams Drive; the second is an easement on the
west edge of Lot 1 and between Lots 6 and 7, which will be a right in, right out only as per
IDOT directive.
Petitioner Adams indicated there are no plans for development of the proposed E Estate parcel
as it is mostly wetlands. Saladin indicated Lots 15 and 16 would be included in the Business
Park. The Petitioner is willing to maintain a 75 foot buffer along the eastern portion of Lot 16
which abuts Eastwood Manor Subdivision as was required for Business Park properties abutting
Eastwood Manor in the original zoning hearings in 1995 and 1996. Adams indicated there is
a 35 foot berm along the eastern boundary of the existing C5 property where the Adams
Enterprises business is situated.
�, QUESTIONS OF THE PETITIONER BY OBIECTORS/OBSERVERS
David Miller: Miller asked the length of frontage of the Estate property along Lincoln Road.
Saladin responded the property has a frontage of 160 feet along Lincoln Road. In response to
Miller's inquiry regarding minimum lot size of the Estate District, McArdle stated the minimum
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ZBA-Adams Annex
6/15/98
� lot size would be one acre. Adams noted there would be no subdivision of the Estate property
as it is very narrow and contains a large amount of high quality wetlands which would prohibit
development. He stated there would most likely be only one house on the entire 16 acres due
to the irregular configuration, relatively small amount of frontage on Lincoln Road and the
amount of wetlands on the site. Miller asked if there were plans to put in a through road
extending between Route 120 and Lincoln Road. Mionske responded the high quality
wetlands prohibit the construction of a through road. He noted that 80% of the wetlands on
the site are high quality wetlands.
CLOSING STATEMENT BY PETITIONER
Attorney Saladin went over the Approval Criteria for Zoning Map Amendments as stated in the
Petition. In closing, he asked that the Board consider the Petition at this time and recommend
to the City Council that the Petitioner's request for reclassification be granted.
CLOSING STATEMENT BY OBSERVERS
David Miller: Miller stated the proposed annexation of the Diedrich/Gerstad Property north
of Lincoln road would be contiguous to the City once the Adams Property is annexed. The
Diedrich/Gerstad Property would be developed as medium Density Single Family Residential.
If the Diedrich/Gerstad Property is not contiguous it could not be annexed into the City. It is
therefore critical that the Adams Property be annexed into the City so that continuity is
preserved.
� McArdle stated the Adams annexation will help with the annexation of the Diedrich/Gerstad
property.
Vice Chairman Lovett stated, "there being not 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 Meyer, seconded by Cadotte to recommend to the City Council that
the Petitioner's request that the subject property be rezoned as follows upon annexation
to the City of McHenry:
1. Zone the 4 acres immediately north of the existing Business Park indicated as Lots
15 and 16 on Preliminary Plat of Adams Commercial Subdivision as BP Business
Park District;
2. Zone the remaining 16 acres of subject property as E Estate District.
be granted; and that Table 33, the Approval Criteria for Map Amendments, page 401
of the Zoning Ordinance, have been met.
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Page 4
ZBA-Adams Annex
6/15/98
� Voting A,ye: Cadotte, Ekstrom, Howell, Lovett, Meyer.
Voting Nay: None.
Not Voting: None.
Abstainirig: None.
Absent: Christensen, Semrow.
Motion carried 5-0.
ADIOURNMENT
Motion �y Ekstrom, seconded by Howell to adjourn.
Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Christensen, Semrow.
Motion carried 5-0.
This hearing of the Zoning Board of Appeals was adjourned at 8:20 p.m.
�
Respectfully submitted,
�
__': `
....
`.. _ _.
C arles Lovett, Vice 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, Objectors/Observers (4), B & Z Zoning File, Landmark Commission
Chairman, Northwest Herald, Star Newspaper, Fife Copy. Z-438(1)
�
ZONING BOARD OF APPEALS
JUNE 15, 1998
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION OF ) Z-438(2)
� RICHARD AN D RITA ADAMS FOR A MAP ) Adams
AMENDMENT, PURSUANT TO THE ) Business Park/Commercial
ZONINC� ORDINANCE OF THE CITY OF ) Map Amendment
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 June 15, 1998. Vice Chairman Lovett
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. Absent: Randy Christensen, Harry Semrow.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer
4. City Planner: Phillip Maggio.
5. Director of Community Development: Absent.
�
6. Petitioner: Richard Adams, 1618 West Lincoln Road, McHenry, Illinois 60050.
7. Attorney for Petitioner: Militello, Zanck and Coen represented by Mark Saladin, 40
Brink Street, Crystal Lake, Illinois 60014.
8. City Counci) Members: None.
9. Court Reporter: None.
10. Registered Observers:
Ronald Dopke, 2801 Lincoln Road, McHenry, Illinois 60050
David Miller, 2717 Lincoln Road, McHenry, Illinois 60050
Ronald Raupp, 1215 Hillside Lane, McHenry, Illinois 60050
Tony Loden, 1213 Hillside Lane, McHenry, Illinois 60050.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on May 31, 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 adjacent to Adams Enterprises Trailer Sales and Service, 2600 West
Route 120, which was annexed in August 1995.
Page 2
ZBA-Ad��ms BP/C5
6/15/98
� SUMMARY
The Petitioner is requesting the following for the subject property:
1. Reclassify Lots 18, 19 and northernmost portions of Lots 4, 5, and 6 as indicated
in the Preliminary Plat of Adams Commercial Subdivision, to C5 Highway
Commercial;
2. Reclassify easternmost half of Lot 7 to BP Business Park.
TESTIMONY
Attorney McArdle swore in the following witness for the Petitioner:
1. Richard Adams, 1618 West Lincoln Road, McHenry, Illinois 60050
2. Charles Mionske, 2024 Route 176, Crystal Lake, Illinois 60014.
Attorney Saladin gave a brief synopsis of the annexation and zoning proceedings for the Adams
property in 1995 and 1996 when Adams Business Park was annexed into the City along with
the other parcels East of the Fox River. He noted Mr. Adams prepared a preliminary plan for
his Business Park at that time. The BP and C5 zoning designations were delineated by a metes
and bounds legal description, and not by actual lot lines. As a result of engineering being
completed on the site, the plan has been reconfigured. The plan for the Business Park now
shows two cul-de-sacs rather than the loop road. Two access points to the subdivision from
Route 120 are proposed and preliminarily approved by IDOT. The first is at Adams Drive; the
second is an easement on the west edge of Lot 1 and between Lots 6 and 7, which will be a
� right in, right out access point only as per IDOT directive. Due to the reconfiguration of the
proposed plan of development, the Petitioner is requesting zoning changes which would bring
the zoning in line with the proposed lot configuration of this property.
The Petitioner is willing to maintain a 75 foot buffer along the eastern portion of Lot 16 which
abuts Eastwood Manor Subdivision as was required bor Business Park properties abutting
Eastwood Manor in the original zoning hearings in 1995 and 1996. Adams indicated there is
a 35 foot berm along the eastern boundary of the existing C5 property where the Adams
Enterprises business is situated. He stated he is willing to extend the berm as well as the 75
foot buffer to the north so that all lots abutting Eastwood Manor Subdivision would have a
buffer from the commercial development.
Lovett asked the proposed use of Lots 18 and 19. Adams stated these lots would be used for
possible expansion of the Adams Enterprise business to the north.
Attorney McArdle noted the Petitioner is merely refining the rough plan for development of
the Business Park and commercial properties as presented in the 1995-1996 hearings. Mionske
stated the wetlands delineation has caused the change in lot layouts.
QUESTIONS OF THE PETITIONER BY OBIECTORS/OBSERVERS
Tony Loden: Loden asked how far the C5 zoning designation would extend beyond the
existing boundary at the present time. The response was the C5 zoning would extend an
`., additional 380 feet to the north adjacent to Eastwood Manor Subdivision. C5 zoning would
abut Lots 2 through 12 of Eastwood Manor. Loden asked how the possible noise created in
the C5 District would be buffered from the residential subdivision. Mionske responded there
are several different ways to buffer noise; the best of these is using a landscape berm, which
Page 3
ZBA-Ad<<ms BP/C5
6/15/98
the Petitioner is planning to use. Loden stated that at the Zoning Hearing when this property
� was annE�xed, the current point at which C5 Zoning started was agreed to because of potential
negative impacts on Eastwood Manor. This limit to C5 Zoning was a compromise with the
Eastwoo<� Manor residents.
Lovett asked the Petitioner to agree to extend the 75 foot buffer to the north to encompass all
property abutting residential lots in Eastwood Manor as was agreed to in the Annexation
process i n 1995.
CLOSING STATEMENT BY PETITIONER
Attorney Saladin went over the Approval Criteria for Zoning Map Amendments as stated in the
Petition. In closing, he asked that the Board consider the Petition at this time and recommend
to the City Council that the Petitioner's request for reclassification be granted.
CLOSING STATEMENT BY OBSERVERS
Tony Loclen: Loden asked why the Petitioner did not choose to expand his commercial
enterprise to the west rather than north along the Eastwood Manor Subdivision. He stated the
Petitioner is seeking Commercial zoning. His home abuts the Adams property and he has had
his home for sale since September, 1997. No one is willing to look at his home once they
realize it abuts a Business Park. Now the Petitioner is requesting commercial zoning. If the
property is zoned C5, he stated he will never be able to sell his house. He will have to
remain there forever. Loden stated he objects to the reclassification to C5 of the portion of this
property which abuts the residential properties of Eastwood Manor.
�
Vice Chairman Lovett stated, "there being not 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 Howell, seconded by Meyer to recommend to the City Council that
the Petitioner's request that the subject property be rezoned as follows:
1. Reclassify Lots 18, 19 and northernmost portions of Lots 4, 5, and 6 as indicated
on the Preliminary Plat of Adams Commercial Subdivision, to C5 Highway
Commercial;
2. Reclassify easternmost half of Lot 7 as indicated on the Preliminary Plat of the
Adams Commercial Subdivision, to BP Business Park.
be granted; and that Table 33, the Approval Criteria for Map Amendments, page 401
of the Zoning Ordinance, have been met.
Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer.
Voting Nay: None.
� Not Voting: None.
Abstaining: None.
Absent: Christensen, Semrow.
Motion carried 5-0.
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ZBA-Adams BP/C5
6/15/98
� ADIOURNMENT
Motion k�y Ekstrom, seconded by Howell to adjourn.
Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer.
Voting f�ay: None.
Not Voti�g: None.
Abstainir�g: None.
Absent: Christensen, Semrow.
Motion carried 5-0.
This hearing of the Zoning Board of Appeals was adjourned at 8:20 p.m.
Resp tfully submitted,
. �
Charles Lovett, Vice 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, Objectors/Observers (4), B & Z Zoning File, Landmark Commission
Chairman, Northwest Herald, Star Newspaper, File Copy. Z-438(2)
�