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HomeMy WebLinkAboutMinutes - 9/27/1997 - Zoning Board of Appeals ZONING BOARD OF APPEALS SEPTEMBER 22, 1997 GTY OF MCHENRY � IN THE ��ATTER OF THE APPLICATION OF ) Z-434 PERRY M�OY AND ANTHONY PARISI FOR ) MOY/PARISI ZONING AMENDMENT, CONDITIONAL USE ) AND VARIANCES, PURSUANT TO THE ZONING ) 3102 & 3106 W RTE 120 ORDINANCE OF THE CITY OF MCHENRY, ) REZONE, VARIANCE, COND 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 September 22, 1997. Chairman Semrow called the hearing to order at 7:38 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. � 3. Recording Secretary: Kathleen M. Kunzer 4. City Planner: Phillip Maggio. 5. Petitioner: Don's Dairy Frost represented by Perry Moy and Anthony Parisi, 3102 West Route 120, McHenry, Illinois 60050. 6. Attorney for Petitioners: Diamond and LeSueur, represented by Samuel Diamond, 3431 West Elm Street, McHenry Illinois 60050. 7. City Council Members: None. 8. Court Reporter: None. 9. Observers/Objectors: 1 . Trish Frisby, 3101 W. Lake Street, McHenry, Illinois 60050. 2. Lenore Frisby, 1205 North Charles Street, McHenry, Illinois 60050. 3. Jean M. Markovic, 1204 Charles Street, McHenry, Illinois 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on September 5, 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-Mov/Parisi 9/22/97 � LOCATIC�N The subject property is located in the City of McHenry as follows: 1. 3102 West Route 120, Don's Dairy Frost; 2. 3106 West Route 120, "Round" building (to be demolished). SUMMARY The Petitioners are requesting the following relief from the Zoning Ordinance of the City of McH en r}�: 1. 3106 West Route 120 - Zoning Map Amendment from C3 to C5. 2. 3102 & 3106 West Route 120 - Conditional Use Permit for a Drive-Through restaurant establishment. 3. 3102 & 3106 West Route 120 - Variance to required front yard setbacks. 4. 3102 & 3106 West Route 120 - Variance to required number of parking spaces. TESTIMUNY Attorney Diamond informed the Board the property located at 3102 West Route 120 is currently zoned C5 and is this site of Don's Dairy Frost. The existing front yard setback is 2.95 feet. Th� Petitioners are seeking a recommendation which would allow an addition to the existing restaurant. The addition would be erected on additional property purchased by the Petitioners and is the current site housing the "round" building. The addition, once the round building is demolished, would have a setback of approximately 16 feet from the front property line. The required front yard setback in the commercial district is 30 feet. In addition the �- Petitioners are requesting the zoning be changed for the property located at 3106 West Route 120 (the "round" building). This property is currently zoned C3 and the Petitioners request that both parcels be classified the same, C5. Diamond stated the request also includes a Conditional Use Permit to allow a drive-through establishment. Because of the unique configuration of the existing restaurant, the Petitioners are seeking relief from the parking provision of the Zoning Ordinance and are requesting a variance from the required 49 spaces to 41 spaces. It was noted there is adequate room for stacking vehicles for the drive-through facility as required by Ordinance. Chairman Semrow swore in the following witnesses for the Petitioners: 1] Perry Moy, 3102 West Route 120, McHenry, Illinois 60050 2] Anthony Parisi, 3102 West Route 120, McHenry, Illinois 60050. Parisi stated the size of the existing restaurant is 1,350 square feet. The round building is 2,200 square feet. He identified the surrounding uses abutting the property in question. Parisi said if the zoning requests are granted, the round building will be demolished. The size of the restaurant would be increased to a total of 2,800 square feet. There would be adequate room for stacking 6 vehicles in the drive through lane, including the one being served. The parking spaces for the restaurant would be increased from 22 to 41, with a net increase of 19 spaces. Parisi said seating space would only be added in the area where the restrooms are presently �- located. There would be 15 additional seats inside of the restaurant. The new addition would provide room for the following: Page 3 ZBA-Moy/Parisi 9/22/97 �-- 1� Walk in cooler - cold storage 2] Dry storage - causing removal of dry storage from outside of the building 3] Walk in freezer 4] New, larger, ADA approved restrooms. Besides removing all outside storage from the site, the Petitioner will remove the billboard. The only signs on the site would be relative to the restaurant. Parisi noted the drive-through window would be located on the west side of the building. Ingress and egress to the site would not be changed from existing curb cuts: 1] There is one combination entrance/exit to Route 120; 2] There is one exit-only cut onto Route 120; 3] There is one combination entrance/exit onto Charles Street. The Engineers for the project have received verbal notification from Illinois Department of Transportation indicating there would be no required changes to the curb cuts. It was pointed out that the number of parking spaces required by city ordinance for a restaurant with a drive- through facility and one without a drive-through facility are identical. No allowance has been made for the numbers of patrons who would not be parking their vehicles but who would instead choose to use the drive-through window. QUESTIONS BY MEMBERS OF THE BOARD Semrow noted that during peak summer months there is a complete traffic jam on the premises which overflows onto the side street, Charles Street. This is especially evident following pig �— tail or little league games. In addition, there is a large carry-out business which requires on- site parking. Cadotte asked for clarification with regard to the existing size and proposed size of the restaurant once the addition has been built. Parisi said the current restaurant is 1,350 square feet. The proposed addition is 1,450 square feet which would total 2,800 square feet. The existing 2,200 square foot round building would be demolished. Cadotte said the current building is approximately 3 feet from the front property line. The proposed addition would be setback approximately 16 feet. He stated he had concerns regarding exiting traffic onto Route 120 with poor visibility due to the 3 foot building setback. He believes it to be a valid safety concern. Semrow expressed concern regarding the drive-through in the summer when there are so many children on the premises. Moy said they would fence-in the outside eating area to protect children from vehicles driving in the lot. Cadotte asked if the exit from the drive-through window could be right turn only. Some discussion followed. Meyer noted a right out only would force traffic to go through the adjacent residential subdivision in order to go east on Route 120. Lovett asked if there was also outside seating on the premises. Parisi said there is room for approxim�itely 20 customers to sit outside. The outside seating area would be increased following the addition to the building. Lovett said he believed there was probably as much seating capacity outside of the building as there is inside. � Page 4 ZBA-Moy/Parisi 9/22/97 � Christensen asked why the jog in the building addition -why not construct the addition 3 feet from the front property line and thereby provide for additional parking in the rear of the facility. ,'vloy said they are attempting to maintain some of the open space which already exists in front of the building. Meyer asked for the parking aisle width dimensions on the west side of the building. It was determined there is adequate aisle width. Meyer pointed out bicycle parking is required. Moy said it will be provided. Moy noted the Billboard will be removed from the premises. Ekstrom asked wl�at type of signage will be used for the restaurant. Moy said block letters on the building face would be used. Parisi said the addition exterior would blend with the existing building. A drive-it substance would be installed over all. Howell asked regarding the aesthetics of the building, what will the height be. Parisi said they are increasing it by about one foot. Exterior colors will be off-white with red. The sign will read "Don's - Since 1952". Cadotte asked if there would be any music played on outdoor speakers. Parisi said there would not. There would however, be a speaker system used to order for the drive-through window. Semrow asked if there would be new parking lot lights installed. Moy said parking lot lights would be installed. Lovett said he still had concerns regarding the number of proposed parking places. He asked � if the Petitioners could reduce the size of the addition to accommodate more parking. Moy said the ADA approved restrooms require that the addition be this size. Lovett asked if the Petitioners would consider putting in a concrete curb so people had to turn right on leaving from the drive-through facility. Semrow said he was more concerned regarding parking requirements not being satisfied. He stated he believed the Petitioners should meet those requirements. He said he was concerned regarding children getting out of cars which are forced to park on Charles Street due to inadequate parking availability on-site. Semrow said he is concerned the improvements will cause significant increase in business throughout the year. Minimum parking requirements should be met. Discussion followed regarding the possibility of closing the drive-through during peak business hours in the summer time when a large number of children would be on the premises. If the drive-through were eliminated there could be an increase in 8-10 parking spaces. Christensen said he believes the drive-through would be helpful in reducing the number of parking spaces required. Many customers would go through drive-through who had previously made carry-out purchases, which required a parking space. Christensen asked if the Petitioners would do anything with the fencing along the north property line. No fencing is required on the west side as the property is zoned commercial. Christensen asked if the garbage area would be enclosed. Parisi said it would be screened. �-- QUESTIONS OF THE WITNESSES BY THE OBSERVERS Lenore Frisbv: She asked where the new building entrance would be located. Moy said it would be in the center of the building facing the south, along Route 120. Frisby said she had Page 5 ZBA-Moy/Parisi 9/22/97 �,. concerns regarding people walking in the parking lot to get into the facility and the traffic circulatir�g in the parking lot to get to the drive-through. She asked the hours of operation. Moy said they would not be changed. They will still close at 10 p.m. Trish Fris� Would the Petitioners be willing to close the gap that exists between the two fences along the north property line? Moy said they would address that issue so there would be complete screening from east to west along the north property line. FURTHER QUESTIONS BY MEMBERS OF THE BOARD Lovett asked where the employees park. Parisi said employees are currently parking behind the round building. If need be they could park across the street. Space can be leased from Community Auto as has been done in years past. Chairman Semrow went over the Approval Criteria as stated in the Petition. General discussion ensued rE�garding the adverse impact upon traffic in the area. The following points were made: 1] Traffic situation is far worse on the west side of town; 2] Increased growth will increase traffic impact on the area; 3] Could consider reducing the number of stacking spaces for the drive-through window; 4] Could require a study regarding how much of an impact the drive-through facility will have on the required number of on-site parking spaces-would this in fact cut down on the number of needed parking spaces? �- 5] Carry-out traffic could convert to drive-through traffic; 6] Closing drive-through during peak times in order to use stacking space for parking would create a nightmare with regard to striping the lot; 7] Reduce the outdoor seating area in order to accommodate a couple of more parking spaces. 8] Determine how much business will increase due to the renovations; 9] Determine the percentage of business is attributed to sit-down business; 10] Consider closing entrance%xit onto Charles Street in order to gain additional parking; 11] Consider re-engineering site to pick up four additional parking spaces. CLOSING STATEMENT BY PETITIONERS Attorney Diamond said, in seeking relief from the Zoning Ordinance, the Petitioners are making a concerted effort to alleviate existing parking concerns and difficulties. They have increased the parking from 22 spaces to 41 spaces, while increasing the seating capacity by only 15 seats. It is not good to penalize a business that is succeeding in town. Both gentlemen have a success rate in this town. They have exhausted every option to increase and maximize the parking on the premises. They previously brought a proposal to the City in which they were short 13 spaces. The site was re-engineered and they are now short only 8 spaces. They have practically doubled the size of the parking lot while adding a drive-through facility, which, in itself, should alleviate some of the parking problems. `--� Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, thf� 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. Additionally, inasmuch, as there is great concern regarding the Page 6 ZBA-Moy/Parisi 9/22/97 �. variance for parking, it might be best to separate that issue from the remaining requests being presented to this Board for a recommendation." DELIBERATION AND RECOMMENDATION Motion k�y Meyer, seconded by Cadotte, to recommend to the City Council that the Petitioners request to rezone the property located at 3106 West Route 120 from C3 Community Commercial District to C5 Highway Commercial District be granted; that a variation to allow a front yard setback of 2.95 feet for the existing restaurant and a 15.5 foot setback for the building addition be granted; that a Conditional Use Permit to allow a drive-through establishment be granted; subject to the following conditions: a. Front yard setback for building addition shall not be less than 15.5 feet; b. Front yard setback for existing building shall be not less than 2.95 feet; c. All outside storage shall be removed from the premises; d. The existing billboard shall be removed from the premises; and that the Approval Criteria for Zoning Amendments, Table 33, page 401, of the Zoning Ordinance have been met; and that the Approval Criteria for Variances, Table 32, Page 377 of the Zoning Ordinance have been met; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the Zoning Ordinance have been met. `-- Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Howell, seconded by Meyer, to recommend to the City Council that the Petitioners request for a Variance as to the parking requirements from 49 spaces to 41 spaces be granted; and that the Approval Criteria for Variances, Table 32, page 377 of the Zoning Ordinance have been met. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Meyer. Voting Nay: Lovett, Semrow. Not Voting: None. Abstaining: None. Absent: None. Motion carried 5-2. � Page 7 ZBA-Moy/Parisi 9/22/97 .� AD OURNMENT Motion by Cadotte, seconded by Meyer to adjourn. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting f�ay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. This hearing was adjourned at 9:55 p.m. Respectfully submitted, , Harry Se w, 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, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z-434 �.