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HomeMy WebLinkAboutMinutes - 12/1/1997 - Zoning Board of Appeals ZONING BOARD OF APPEALS DECEMBER 1, 1997 CITY OF MCHENRY _� IN THE MATTER OF THE APPLICATION OF ) Z-441 CHARLES AND ANDREA FOSTER AND ) Rainbow Midwest RAINBOW MIDWEST FOR A CONDITIONAL USE ) PERMIT, PURSUANT TO THE ZONING ) 4611 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 December 1, 1997. Chairman Semrow ��alled the hearing to order at 7:32 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom (arrived at 7:37 p.m.), )ohn Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David W. McArdle. � 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. 5. Petitioners: Charles and Andrea Foster,4601 West 80th Street, Bloomington, Minnesota 55437. 6. Attorney for Petitioner: None. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on November 14, 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. � Page 2 ZBA-Rainbow Midwest 12/1/97 LOCATION � The subject property is located at 4611 West Elm Street, McHenry, Illinois. SUMMARY The Petitioners are requesting a Conditional Use Permit to allow an open sales lot for playground equipment on the subject premises. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: 1. Charles Foster, 4601 West 80th Street, Bloomington, Minnesota 55437. 2. Andrea Foster, 4601 West 80th Street, Bloomington, Minnesota 55437. The question was raised as to the necessity for this hearing as a conditional use has previously been grai�ted for an open sales lot for automobiles on the subject property. It was noted the conditioral use has been abandoned for more than one year and is no longer valid. Alsom the requested Conditional Use was significantly different from any previously approved for this property. Chairman Semrow asked the Petitioners to describe their intent as to the location, screening and maintenance of the open sales lot. He asked the Petitioners to address how they would assure this would not become an "attractive nuisance". What barriers would be used to assure children did not enter the premises during off-hours. ,� Mr. Foster stated they have been Midwest distributors for Rainbow Midwest for 12 years. He will enclose the sales lot on both the east and west sides of the building with fencing so that it would not be accessible to area children. Access to the outside sales lot would be attained only through the inside showroom. In addition, Mr. Foster noted he will landscape the area in front of the building to create an environment which is conducive to playground equipment sales. The loading area will be located on the west side of the building. There will be no warehouse and distribution conducted on the premises. Mr. Foster stated 95% of the product is delivered directly to the residences by the installation crews. QUESTIONS BY MEMBERS OF THE BOARD Semrow asked if the sales lot would be lighted. Mr. Foster said he will illuminate the outside display area. Business hours would not extend beyond 9 p.m. Mr. Foster said he would consider placing security lighting on the premises so there would be lighting after business hours. Semrow noted it would be easier for the City to police the area if there was security lighting. Ekstrom expressed concern regarding the placement of equipment in the area by Route 120. She was concerned it could become a nuisance by attracting children. Mr. Foster said the single piece of equipment which would be displayed in this area would be fenced in with a short, decorative fence. �.. Semrow asked what type of fencing would be used around the open sales lot. Foster indicated he would match the stockade fencing already in place. He would use wrought iron to enclose the displa�✓ in front of the building. Page 3 ZBA-Rair�bow Midwest 12/1/97 � Meyer asked who would be operating the facility. The Fosters stated they have staff who will run the local operation. Cadotte asked the number of employees. Foster said there would be 2-3 employees. Installation crews would not operate from this site. Meyer asked if there would be adequate parking on the premises. Maggio said no variance is being requested and all bulk and area requirements would be met, including parking. In response to an inquiry from Semrow, Mr. Foster noted all playground equipment which is set up in the open sales lot area east of the building will be playable. There would be no safety hazards. The entire outside display area would be covered with wood chips as opposed to grass. Mr. Foster stated there would be no outside storage of unassembled equipment. There could, however, be storage from time to time of assembled equipment on the east side of the building. Christensen asked if all signage will meet requirements of the sign ordinance. Mr. Foster said they will comply with the sign ordinance. Chairman Semrow went over the Approval Criteria for Conditional Uses as stated in the Petition. CLOSING STATEMENT BY PETITIONERS Mr. Foster stated he is looking forward to becoming a member of the business community. � He noted this would be a nice addition to Route 120; this is a good location for this type of business. He asked the Board to make a positive recommendation to the City Council on their behalf. Chairman 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 b�� Meyer, seconded by Ekstrom, to recommend to the City Council that the Petitioner's request for a Conditional Use Permit to allow an open sales lot for playground equipment be granted, subject to the following conditions: 1. Entire outside display area be enclosed with a fence; 2. No outside storage of materials other than assembled playground equipment shall be permitted on the site; 3. The parking areas shall be striped in compliance with City code; and that Table 31, The Approval Criteria for Conditional Uses, pages 357-358, have been met. � Page 4 ZBA-Rairibow Midwest 12/1/97 � Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. ADIOURNMENT Motion by Ekstrom, seconded by Lovett, to adjourn the hearing at 8:15 p.m. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. This hearing was adjourned at 8:15 p.m. Respectfully sub itted, �. � � Harry Se w, Chairman Zoning B rd 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, City Clerk File Copy. Z-441 �