HomeMy WebLinkAboutMinutes - 1/26/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JAN UARY 26, 1998
CITY OF MCHENRY
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IN THE MATTER OF THE APPLICATION OF ) Z-442
GEORGE BRALES AND TED ZATOS AND ) Zatos/Brales
GEORGE VOUTIRITSAS FOR A CONDITIONAL )
USE PERMIT, PURSUANT TO THE ZONING ) 4400 W Elm St
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 )anuary 12, 1998, and recessed to this
date. Cf�airman Semrow called the hearing to order at 8:32 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 W. McArdle.
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3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
5. P��titioners: George Brales, 1112 Honeyhill, Addison, IL 60101; Ted Zatos, 1415 Stone
Avenue, Addison, IL 60101 .
6. Attorney for Petitioner: James Cowlin, 4108A West Crystal Lake Road, McHenry, IL
60050.
7. City Council Members and Staff: Alderman Andrew Glab, City Administrator John
Lobaito, Plan Commission Chairman Vicki Sheppard.
8. Court Reporter: None.
9. Registered Observers/Objectors:
1 . Elizabeth Miner (rep. Don Roberts Beauty School), 607 Concord Dr, Woodstock
I L 60098
2. Matthew N. Zurpas, 4411 Home Ave, McHenry IL 60050
3. Aleen Tiffany, Esq., 666 Russel Ct, Ste 300, Woodstock IL 60098
4. Arthur Tiffany, 4411 Home Ave, McHenry IL 60050
� 5. Charlaine Tiffany, 4411 Home Ave, McHenry IL 60050
6. Kenneth A. Miller, 1506 Ramble Rd, McHenry IL 60050
7. Max N. Koch, 1508 N. Flower St, McHenry IL 60050
8. Pat Koch, 4517 W. Home Ave, McHenry IL 60050
Page 2
ZBA-Zatos/Brales
1/26/98
9. Gloria & Steven Segerstrom, 4513 Home Ave, McHenry IL 60050
10. Kim Bodishbaugh, 1509 N. Richmond Rd, McHenry IL 60050
� 11 . Shannon E. Kottke, 801 Hilltop Blvd, McHenry IL 60050
12. George Heuer, 4508 W Home Ave, McHenry IL 60050
13. Cary Bruce (rep. Eagle Foods), 4400 W. Elm St, McHenry IL 60050
14. Michael Larsen, 1507 Ramble Rd, McHenry IL 60050
15. Helen Hankins, 4609 Home Ave, McHenry IL 60050
16. Skyline FOTO Fast, 4400 W. Elm St, McHenry IL 60050
17. Walter Steffens, 1414 Ramble Rd, McHenry IL 60050
1��. Jeff Steffens, 1414 Ramble Rd, McHenry IL 60050
1 G. Jason Fowler, 3706 W. Timothy Ln, McHenry IL 60050
2C�. Bret Willhoit, 3813 Prestwick St, McHenry IL 60050
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on December 27, 1997.
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 and the subject
property was posted as required by City ordinance. An Affidavit of Service is on file with the
City Clerk.
LOCATION
The subject property is located at 4400 West Elm Street, McHenry, Illinois, and is located in
the portion of the building formerly occupied by Spurgeon's Department Store. It is comprised
of approximately 12,000 square feet.
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SUMMARY
The Petitioners are requesting a Conditional Use Permit to allow an indoor amusement
establishment for teens and young adults, i.e. musical entertainment (D.J.), dancing, pool
tables, video arcade games, non-alcoholic juice bar, and minimal food service (pizza).
Chairman Semrow citing the fact that relevant information had not been received by the
Members of the Board, asked for a motion to recess this hearing until the Board has had time
to review information provided relevant to the Petition.
MOTION TO RECESS
Motion by Christensen, seconded by Lovett, to recess this hearing to Monday, February 2,
1998 at 7:30 p.m. in the City of McHenry Municipal Center with no change to the Agenda
Voting Aye: Cadotte, Christensen, Ekstrom, Lovett, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-0. This hearing was recessed at 8:38 p.m.
Respectfully submi d,
� Harry Se w, Chairman
Zoning B ard of Appeals
c: Zoning Board of Appeals Members(7),Plan Commission Members(7),Planner,PW Administration,City Engineers,Aldermen Reference Copy,
Petitioner,Observers/Objectors(20),B&Z Zoning File,Landmark Commission Chairman, Northwest Herald, Star Newspaper, File Copy.
Z-442
ZONING BOARD OF APPEALS
JAN UARY 26, 1998
CITY OF MCHENRY
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IN THE MATTER OF THE APPLICATION OF ) Z-444
MIDWEST BANK OF MCHENRY COUNTY AND ) Midwest Bank
JEANNINE PACKEL FOR MAP AMENDMENT AND )
CONDITIONAL USE PERMIT UPON ) Bull Valley Road
ANNEXATION, PURSUANT TO THE ZONING ) Map Amendment
ORDINA'�CE 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 January 26, 1998. Chairman Semrow
called the hearing to order at 7:30 p.m. The following persons were in attendance:
1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, Chuck
Lovett, )on Meyer, Harry Semrow. Absent: John Howell.
2. Attorney for Zoning Board: David W. McArdle.
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3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
5. Petitioners: Midwest Bank represented by Steve Karaba, 3912 Neblick, Prairie Grove,
Illinois 60014.
6. Attorney for Petitioner: Madsen, Sugden, & Gottemoller represented by )oseph
Gottemoller, One North Virginia Street, Crystal Lake, Illinois 60014.
7. City Council Members and Staff: Alderman Andrew Glab, City Administrator )ohn
Lobaito, Plan Commission Chairman Vicki Sheppard.
8. Court Reporter: None.
9. Registered Observers/Objectors: None.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on January 9, 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 and the subject property was posted
`' as required by City ordinance. An Affidavit of Service is on file with the City Clerk.
Page 2
ZBA-Mldwest Bank
1/26/98
LOCATION
�- The subjE�ct property is located on the South side of Bull Valley Road, 500 feet west of the
intersecti��n of Bull Valley Road and Crystal Lake Road.
SUMMARY
The Petitioners are requesting the following upon annexation to the City of McHenry:
1. the subject property be classified C-2 Neighborhood Commercial Zoning District;
2. the subject property be granted a Conditional Use Permit to allow a financial institution
wi+h a drive-through facility.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
1 . Steve Karaba, President of Midwest Bank, 3912 Niblick, Prairie Grove, Illinois 60014.
2. James Loeppert, Engineer, 917 S. Hi-Lusi Avenue, Mt. Prospect, Illinois 60056.
Attorney Gottemoller noted the Petitioners have agreed with the points stated in the Staff
Report. The Petitioners are seeking C-2 Neighborhood Commercial Zoning and a Conditional
Use Permit to allow the operation of a financial drive-through facility.
Mr. Loeppert testified on behalf of the Petitioners. He stated the subject property is located
southwest of the intersection of Bull Valley Road and Crystal Lake Road, on Bull Valley Road.
`' the proposed footprint of the building is 5,000 square feet. There would be four drive up
windows, an ATM lane, and a bypass lane. A 36 foot wide access drive on the eastern
boundary is being proposed having three lanes: one inbound; one outbound left-hand turn
only; on outbound right-hand turn only. More than adequate parking is being provided: 42
spaces. Ordinance requires 5/1,000 square feet. The site is comprised of approximately 3
acres. There are 283 linear feet of lot frontage and the proposed Floor Area Ratio is .057. Mr
Loeppert pointed out that only half of the site would be developed at this time with the
remainder being reserved for future expansion should that become necessary. In addition,
storm water management is being provided onsite with a detention basin. A non-point
discharge arrangement is being planned at this time. No new gully or drainage way would be
created by surface water runoff.
Chairman Semrow noted he had received a telephone call from adjacent property owner,
Gordon Stade, who advised he has no problem with the proposed development of the subject
property. His only concern is regarding the surface water runoff draining onto his property
which is at a much lower elevation than the subject property. He asked that the Petitioner
provide evidence this would be prevented from happening. Loeppert stated the runoff would
be released at no more than the current rate. The water would percolate through the dike so
there would be no new gully created.
Loeppert said the onsite lighting would be downlit sodium.
�" Attorney Gottemoller went over the Approval Criteria for Map Amendments and Conditional
Use Permits as stated in the Petition. He also pointed out there would be only one residential
property immediately adjacent to the subject property. This residence would be to the
northwest of the site.
Page 3
ZBA-Midwest Bank
1/26/98
�-' UESTIC)NS BY MEMBERS OF THE BOARD
Cadotte E�xpressed concern regarding the egress/ingress of the property. Loeppert said the
access drive would be 36 feet wide. There would be a 12 foot inbound lane; a 12 foot
outbouncl left-turn lane; a 12 foot outbound right-turn lane. Cadotte said he thought there may
be a prol�lem with traffic impact with so many potential access drives being located close
together, similar to the current situation existing on Crystal Lake Road: McHenry State Bank;
Ace Hardware, Post Office, Marathon, Alden Terrace, etc. Cadotte asked if a traffic study had
been done. Loeppert said there had been no study. He did not know the projected number
of cars which would traverse this site on a daily basis.
Semrow <<sked the distance from the Haystacks Manor access drive from the subject property's
west bou�idary. Loeppert said it was about 150 feet to the west.
Christensen asked if any thought had been given to a left turn lane from the east to
accommodate traffic entering the site. Loeppert said no turn lane had been requested by Staff.
Christensen asked if the Petitioner would be opposed to installing a left turn lane should traffic
volume dictate that one would be advisable.
Semrow expressed concern regarding the hill and curve on Bull Valley Road in relation to the
subject property and point of ingress/egress. He said he was concerned regarding the
intersection of Brookwood Trail and Bull Valley Road being in such close proximity to the
proposed access drive. He asked if it would be possible to move the access point to the
`-' western boundary so that it would be directly across from Brookwood Trail. Loeppert said it
would not be possible. The property boundaries do not match. In addition, there is a curve
and hill on Bull Valley Road at this point which might present a safety hazard. Semrow
opined that he would like to see some type of cross-easement agreement with adjacent
property owners in order to reduce the number of curb cuts and access drives onto Bull Valley
Road. General discussion followed regarding the placement of the access drive on the subject
property and the possibility of cross easement agreements.
Meyer said the curve on Bull Valley Road might make left-hand turns very difficult for traffic
entering the site from the east.
Semrow asked if the water management area would be retention or detention. Loeppert said
it would be a detention area as it would basically be dry and its purpose is to slow down
surface water runoff. Christensen asked about the architectural basin proposed for the area in
front of the building. Loeppert said the purpose of this basin is to provide air and light to the
basement of the building. In this way, the building could have two usable floors even though
it is a single story building. The basement area would have a community room for social
organizations to meet.
Ekstrom asked what direction the expansion would take place if it were required. Loeppert
said expansion would be to the south if needed. Clarification of the onsite traffic pattern was
sought. Loeppert noted traffic will enter the site and travel counterclockwise through the drive-
�' throu h lanes or ATM lane
g , park or exit the site. Semrow asked how much expansion is
contemplated. Karaba said there is none at the present time. If it becomes necessary, the
building would be expanded to the south. Lovett asked if parking requirements would be met
should the expansion occur. Karaba noted there is more than adequate parking being
Page 4
ZBA-Midwest Bank
1/26/98
provided; but, if need be, additional parking spaces could be added.
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Cadotte ��sked which facility holds the Bank Charter. Karaba said the Union facility holds the
Charter. This site opened in 1911; Algonquin opened in 1994. The proposed McHenry
facility would be the third in McHenry County. The McHenry facility would be a full service
banking i�acility, specializing in consumer banking.
Ekstrom �isked the hours of operation. Karaba said there would be 24-hour on-line banking
on which consumers could get requested information over the phone. In addition. banking
hours would be as follows:
Lobby Monday thru Thursday Friday Saturday
9:00 a.m. - 4:00 p.m. 9:00 a.m.-7:00 p.m. 9:00 a.m.-noon
Drive-up Monday thru Friday Saturday
7:00 a.m.-7:00 p.m. 7:00 a.m.-1:00 p.m.
Ekstrom asked what types of transactions would be permitted at the drive-up window. Karaba
said most transactions could be handled at either the drive-up or lobby window. Real estate
taxes wo�ald be accepted at the facility. No utility bill payments or license plate renewals
would be taken, however.
Semrow asked if there would be sufficient lighting by the ATM machine to provide safety for
� any users of the facility. Loeppert said it would be well lit. Karaba said there is a security
camera which would be aimed at the ATM machine as well as one which would view the
entire drive-up area. This would assist with security and safety for patrons using the ATM
machine.
CLOSING STATEMENT BY PETITIONERS
Attorney(�ottemoller stated the proposed use of a financial facility is consistent and compatible
with the surrounding uses. The Petitioners have complied with the Approval Criteria necessary
for granting both the map amendment and the conditional use permit. The Petitioners have
attempted to lessen the impact on the adjacent single family residence. The Petitioners agree
with the Staff Recommendations as follows:
1 . Only one access point shall be permitted; it shall be located at the east property line.
2. The permitted ground sign for this site shall be located near the east property line.
3. The circulation pattern for the drive-through shall direct traffic entering the site away
from the residential property to the north.
4. The required landscaping and berming along the north property line shall be installed
in accordance with City ordinances.
5. The building shall be set back a minimum of 120 feet from the front property line.
In addition, the Petitioners would agree to a cross-easement agreement with the property
owner to the immediate east of the subject property.
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Lovett asked why the Petitioners have elected to build a facility in McHenry. Karaba said it
is the belief the trend of development and growth in this area supports a new banking facility.
Page 5
ZBA-Midwest Bank
1/26/98
Christensen asked if at some future point the City determined a left turn lane was needed on
L-- Bull Vall��y Road in order to better facilitate traffic flow, would the Petitioners be willing to
bear a pc�rtion of the cost for the implementation. Karaba said the Bank would be open to
listening to the City and to assist in the best way possible to help keep traffic flowing in the
area.
Chairmar� Semrow said, "there being no further testimony before the Board with regard to this
matter, the Board will consider the 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 Ekstrom, to recommend to the City Council that
the Petitioner's request for a Map Amendment from A-1 County Agricultural to
C2 Neighborhood Commercial Zoning District upon annexation to the City of
McHenry be granted; that the Petitioner's request for a Conditional Use Permit
to allow the construction and operation of a financial institution with a drive-
through facility be granted;and that Table 31, The Approval Criteria for
Conditional Uses, pages 357-358, have been met; and that Table 33, The
Approval Criteria for Zoning Amendments, page 401, have been met.
Voting Aye: Cadotte, Christensen, Ekstrom, Lovett, Meyer, Semrow.
`-- Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Howell.
Motion carried 6-0.
ADIOURNMENT
There being no further business before the Board with regard to this matter, this hearing was
adjourned at 8:30 p.m.
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Respe fully s mitted,
Harry mrow, Chairman
Zoning Board of Appeals
c: Zoning Board of Appeals Members p),Plan Commission Members p),Planner,PW Administration,City Engineers,Aldermen Reference Copy,
Petitioner,B&Z Zoning File,Landmark Commission Chairman, Northwest Herald,Star Newspaper, File Copy.
Z-441
�.