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HomeMy WebLinkAboutMinutes - 6/16/1997 - Zoning Board of Appeals � ZONING BOARD OF APPEALS JUNE 16, 1997 CITY OF MCHENRY `` IN THE MATTER OF THE APPLICATION OF ) Z-428 MCHENRY-ELLIOTT L.L.C. FOR A CONDITIONAL ) McHenry-Elliott L.L.C. USE PERMIT, PURSUANT TO THE ZONING ) 1767 N Richmond Rd ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) Conditional Use Permit 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 2, 1997 and continued to June 16, 1997. 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, John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer `" 4. Director of Buildin & Zonin g g: John A. Lobaito. 5. City Planner: Absent. 6. Petitioners: McHenry-Elliott L.L.C. represented by broker Daniel Bailey, 533 Ashland Avenue, Chicago Heights, Illinois 60411. 7. Attorney for Petitioners: None. 8. City Council Members: Alderman Andrew Glab. 9. Court Reporter: None. 10. Obj ectors/Observers: 1. S. Schultz, 3609 Drake Court, McHenry, Illinois 60050 2. B. Dumez, 3610 Drake Court, McHenry, Illinois 60050 3. Curt and Donna Pepe, 3609 Cornell Court, McHenry, Illinois 60050 4. Randy and Donna Coonce, 3611 Cornell Court, McHenry, Illinois 60050 5. Martin and Judith Knutilla, 3610 Bradley Court, McHenry, Illinois 60050. NOTICE OF PUBLICATION � Notice of this hearing was published in the Northwest Herald on May 15, 1997. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mail��d to all abutting property owners and the subject property was posted with a sign as requirecl by City ordinance. Affidavit of compliance with regard to notification requirements ; • Page 2 ' ZBA-McHenry/Elliott 6/16/97 is on file in the office of the City Clerk. �" LOCATION OF THE SUBIECT PROPERTY The subjec:t property is located at 1705-1787 North Richmond Road, McHenry, Illinois, 60050 and is currently zoned C-3 Community Commercial Zoning District. The proposed location of Star Cleaners is 1767 North Richmond Road, McHenry, Illinois 60050. SUMMARY The Petitioner is requesting that the subject property be granted a Conditional Use Permit to allow for the operation of an on-site dry cleaning establishment. Chairman Semrow noted that this hearing was recessed to June 16, 1997 in order that the Petitioners could provide the following information for the Board's review prior to making a recommendation with regard to the Petition: 1] Do the Petitioners operate more than one dry cleaning establishment? They will be asked to provide information regarding other sites. 2] Is there training provided for employees to meet OSHA requirements? 3] Provide information regarding environmental nuisance in more detail than that which is included in the Petition . 4] Provide information regarding public safety and health concerns in more detail than that which is included in the Petition. 5] Provide a key to the site plan layout. 6] Provide as-built survey indicating exact location of this site on the subject � property. 7] Provide a copy of the lease. 8] Provide material safety data sheets on any chemicals used in the process. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) Mr. Daniel R. Bailey, broker for Location Finders. 2) Mr. Yon C. Shin, 413 South Deborah, Mount Prospect, Illinois 60056, owner of Star Cleaners. 3) Mrs. Yon C. Shin, 413 South Deborah, Mount Prospect, Illinois 60056, co-owner of Star Cleaners. 4) Mr. Shawn Lee, Manager of a dry cleaning establishment in Elgin. 5) Mr. David Kwon, President, K & E Dry Cleaning Machinery, 1326 159th Street, Lockport, Illinois. (Mr. Kwon arrived at 8:09 p.m. and was sworn in by Chairman Semrow at fhat time). Attorney McArdle asked for clarification with regard to ownership of Star Cleaners. The McHenry business would be called McHenry Cleaners. There is no corporation. Mr. and Mrs. ' Shin are the sole proprietors of Star Cleaners which is located at 2320 South Elmhurst Road in Mount Prospect. The shop in Elmhurst, Star Cleaners, will be sold upon the opening of the McHenry Cleaners. The Shins will not attempt to keep both shops open. � Mr. Bailey provided each member of the Board with additional information including the following: 1) Survey 2) Site Plan ` Page 3 ZBA-McHenry/Elliott 6/16/97 � 3) Floor Plan 4) Machine Brochures 5) MSDS pages 6) Purchase Orders for cleaning products 7) Attendance Certificate for EPA seminar. Mr. Bailey stated the Shins have operated Star Cleaners in Mount Prospect for 8 years. Semrow asked if the plant in Mount Prospect is similar to the one being proposed for McHenry. Mr. Shin said it would be similar, however, the McHenry Plant would be slightly larger and would have more modern technology. Mr. Semrow asked if any of the Mount . Prospect equipment would be brought to McHenry. Mr. Shin said it would not. The McHenry plant would have all new equipment. QUESTIONS BY MEMBERS OF THE BOARD Lovett asked if the operation was a dry to dry or a transfer machine. Mr. Lee said it is a dry to dry operation. Bailey said he spoke with the EPA and there are 1,600 inspectors in the State of Illinois. Inspections of dry cleaning establishments are done on a random basis, unless there is a spill and an inspection is required. Dry cleaning establishments are required to maintain a weekly log of equipment checks. There is a requirement to log leaks and spills, however, there is no requirement to report the log to the EPA. Lovett stated that only large dry cleaners are required � to keep a log of spills. McArdle asked Mr. Shin if they had ever had a spill. Mr. Shin said he has never had a chemical spill. It was noted that 110 gallons of perc had been purchased by the Shins for Star Cleaners in the past 12 months. Discussion ensued regarding the amount of perc that may be used in a given year. Mr. Lee said the operation is completely enclosed. There is no exposure to perc during the operation of the equipment. The perc will not evaporate because it is completely enclosed and sealed. Bailey said that there would be a supplemental machine which would purify the � air which is emitted from the dry cleaning equipment. There would be no perc evaporating into the atmosphere. Lovett asked how the perc is installed into the dry cleaning machine. Mr. Lee said it is similar to how gasoline is filled into the large tanks at a service station. Perc is delivered by a truck and is introduced into the machine via a hose at the rear of the machine. Mr. Lee said he is not sure if it is an air-tight connection. There is a vacuum inside of the machine to assure that there is no leakage of fumes during the delivery of the perc. The perc is obtained from Perc Distribution in Addison. Lovett asked about removal of the waste product. Mr. Lee said Safety Clean Company is contracted to remove the waste. Safety Clean removes the waste tank, which includes minimal amounts of perc, lint, and dirt (sludge). The tank is then replaced. The sludge waste is removed 2 or 3 times per year. � Mr. Kwon arrived at 8:09 p.m. • Page 4 ZBA-McH en ry/E I I i ott 6/16/97 Chairman Semrow asked Mr. Kwon to discuss the dry cleaning equipment he would be . installing ��t McHenry Cleaners. Semrow asked how the perc is introduced into the machine �" and how is the waste product removed. Kwon said that the perc would be brought into the machine k�y 20-gallon tanks which would be delivered by truck. Lovett asked the Petitioners if they had heard of wet cleaning which is a water based alternative to dry cleaning. Lovett said there would be less perc-related spills and health problems. Mr. Shin said this process is still being tested. It takes longer to complete the cleaning process when using the wet cleaning system. Cadotte asked what is pyratex. Mr. Shin said it is a spot remover. No more than one gallon per year is used. Christensen asked if the EPA regulates the exhaust discharged into the atmosphere. Lovett said this is a sealed system the there would be no escape of chemicals into the air. Mr. Shin stated he took a course on handling perc, a safety seminar sponsored by the EPA. Mr. Lee also attended the seminar which focused on what to do following a chemical spill. Mr. Lee said the only way there could be a chemical spill would be a computer error. The equipment is not opened up while in use, which is the only time the perc could escape. Lobaito said there were MSDS sheets provided for three different spot removers. He asked if „� the Petitioners used all three of the spot removers. Mrs.�hin said that all three were used, but in very small quantities. There are purchased in 8 ounce bottles. Storage on site would be � minimal and would be located in the area of the spotting board. Lovett asked if the MSDS were kept on the premises and all employees would be informed as to their location. Mr. Shin said that is correct. Lovett stated that perc is non-binding. It is a toxic chemical. Some side affects from contamination by perc are irreversible. Chairman Semrow asked for additional clarification with regard to delivery of perc to the machine. Mr. Kwon said the 20-gallon tanks are delivered by truck. The tanks are brought into the building. Installing into the dry cleaning machine is done from the tank via a hose. The tanks are made of stainless steel. McArdle said the critical point where contamination could occur is when the tanks are removed from the truck and being brought into the shop. Lovett asked Mr. Kwon if his machine has a refrigerator condenser in it. Mr. Kwon responded that it does have a condenser. Ekstrom asked who would be operating the machinery on a daily basis. Mr. Shin said he and his wife would operate the equipment. They will find someone else to operate the equipment in their Mount Prospect shop until it is sold. Ekstrom asked if there was any noise associated � with the machine. Mr. Lee said there is a spinning noise. It would not be heard outside of the building. Howell asked how employees are trained to use the equipment. Mr. Shin said he would hire experienced personnel. Initially, there will be only two employees, Mr. and Mrs. Shin. Any � new-hires would be focusing on the pressing equipment, not the dry cleaning equipment. Howell asked the hours of operation. Mr. Shin said they would be open from 7 a.m. to 7 p.m. on Monday through Saturday. There would be no Sunday hours. - Page 5 � ZBA-McH en ry/El l iott 6/16/97 QUESTIONS OF THE WITNESSES BY THE OBIECTORS Martin Knutilla, 3610 Bradley Court: If there was a chemical spill, what equipment would the `' fire department need in order to handle it? Semrow asked if Mr. Shin was advised at the EPA safety seminar to contact the fire department in the event of a spill. Mr. Lee said the equipment is self-contained. Lovett said that perc is not flammable; it would evaporate due to its high evaporation rate. Lovett asked the Petitioner if he has a hazardous waste communic:ation system (HazCom Program). Mr. Lee said they do. Knutilla asked how would the abutting residents know there was a spill. Semrow asked if there is a sensor or alarm which would be triggered by a spill. He said if there was a spill inside of the building, would it be contained within the confines of the containment tank. Mr. Lee said that is correct, it . would be contained in the containment tank. Semrow said that in order for a spill to affect the neighbors, it would have to occur in the area located between the back door of the shop and the truck delivering the perc. Lovett said any spill must be reported to the EPA by the licensed hauler. Knutilla asked who would service the machine if there should be a breakdown. Mr. Kwon said his company would service the machine from his office in Elk Grove Village. Knutilla asked how perc reacts with water. Lovett said perc is heavier than water. It won't mix with water. Curt Peqe, 3609 W. Cornell Court: Will there be any exhaust fans? Mr. Lee said there would be fans to remove the hot air from the shop. Pepe asked if McHenry Cleaners would be larger than the Mount Prospect shop. Mr. Shin said it would be larger; the Mount Prospect store is 1,200 square feet. The new site is approximately 1,500 square feet. Pepe asked what happens if there is a power outage - would it hurt the machine? Would there be a possibility of a � chemical leak if there were a power outage. Mr. Lee said the machine is self-contained. The perc could not escape from the machine if the machine were not opened. Pepe asked if the perc would be delivered to the front of the building (east side) or to the rear of the building (west side). Mrs. Shin said it would be delivered to the rear of the building. Pepe asked the size of the delivery truck. Mr. Kwon said it would be smaller than a garbage truck. Pepe asked why the Petitioners are choosing to move their business to McHenry. Mrs. Shin said they like the area and they would like to move here and establish their business here. Pepe � asked why� the Petition referred to chemical spills. Bailey said the Petitioners were trying to be honest in their Petition. Pepe asked why dry cleaners were not allowed before in the City. Semrow said that dry cleaners have always been permitted. Dry cleaning plants with on-site cleaning require the issuance of a conditional use permit. Requiring a conditional use helps the City to regulate the location and conditions upon the granting of such a use. Semrow asked how many grades of dry cleaning equipment are there. Mr. Kwon said there are basically three grades of equipment. Lovett asked what the tubing was made of within the equipment. Mr. Kwon said the tubing is stainless steel, not plastic. Bruce DuMez, 3610 Drake Court: How would the hot air vents be controlled? Is it an exhaust fan? Would it create noise? Mr. Lee said the fan would not be directional. DuMez said the City of McHenry is proposing speed bumps in the rear alley of the shopping center. How would that impact the delivery of chemicals to this shop? DuMez asked how the Petitioners could keep the dryer self-contained. Mr. Lee said all chemicals are contained � within the machine. The clothing goes in dry and comes out dry. The equipment is not opened until the cycles are complete. Semrow asked if Mr. and Mrs. Shin know how to operate this new equipment. Mr. Kwon said not yet, but he will provide training with regard to the mac:hinery. � - Page 6 � � ZBA-McHenry/Elliott 6/16/97 ludy Knutilla, 3610 Bradlev Court: Will the Petitioners do regular laundry on the premises? � will there be coin-operated washers and dryers? Where will the machines vent? Lovett said this equipment can not be compared to household washers and dryers. Mr. Lee said there would be no coin-operated washers and dryers. Knutilla asked if there was any possibility of the spot removers mixing with the perc and becoming combustible? Lovett said the chemicals would not be combustible. Andy Glab, 5001 Oakwood Drive: What is the capacity of the containment tank? Mr. Kwon said it is 30 gallons. Glab asked the total capacity of the machine, and would the containment . tank be adequate to hold all fluids from the machine in the event of a spill or leak? Mr. Lee said the machine holds approximately 100 gallons, but it is divided into three isolated compartments. There would have to be a complete breakdown of all three compartments for the spill to be greater than the containment tank. Glab said if the chemical goes into the ground, would it adhere to the ground water. Lovett said it would bond with the water, but not with the soil. Any pere spill would evaporate quickly and when it evaporates, it breaks down. Christensen asked the Shins if they would be bringing in dry cleaning from other towns to be done at this plant. Mr. Shin said no. CLOSING STATEMENT BY PETITIONERS Mr. Bailey said the City of McHenry has several cleaners now. Any of them which are more than three years old, would provide more of a danger to the City and its residents than the � high tech cleaning equipment being proposed at this hearing. CLOSING STATEMENTS BY THE OBIECTORS Curt Pepe: "Our house is located less than 100 feet from the back door of this proposed business. I understand all of the safety steps which have been taken. If there is a spill, there is not sufficient capacity in the containment tank to accommodate all chemicals from the spill. � I don't know if this is the only place the Shins have looked at in town. I wonder if anyone here would buy my house with the potential to be exposed to these chemicals." Martin Knutilla: "The Petitioners said they had training for what to do in the event of a spill, but they can't remember what they were told. They can't tell us how spills happen. Technicians who will maintain the equipment receive only two hours of training. There is too much room for error." Lovett said the EPA could not provide examples of how spills may occur when the Petitioners attended the safety seminar. It was not the Petitioners who could not remember the examples given. Bruce DuMez: "Chernoble was an accident. This establishment would back up to my yard. There are some red flags here. The Board should take a good look at the red flags." Chairman Semrow said, "there being nothing further before this Board with regard to the � Petition, the Board will consider the Petition at this time unless there is a motion to recess by a member of the Board." . , . Page 7 ' � ZBA-McHenry/Elliott 6/16/97 . DELIBERATION AND RECOMMENDATION � Motion b}� Christensen, seconded by Lovett to recommend to the City Council that the Petitioners' request for a Conditional Use Permit to allow the operation of an on-site dry cleaning establishment be granted; 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. There will be a recommendation to the City Council with regard to this Petition. STATEMENT BY BOARD MEMBERS Lovett stated he had collected 28 pages of documentation and checked extensively on the unit the Petitioners are proposing to use in this establishment. Real Star, the manufacturer of this unit, is one of the best made and one of the most costly units produced for dry cleaning purposes. Lovett said he believed the Petitioners have taken every precaution to assure safety of the nearby residents. � Semrow stated that he had been provided with data by Mr. Lovett and that he does not consider the concerns of the residents lightly. In light of the precautions being taken by the Petitioners, it is appropriate to recommend the approval of the conditional use permit. Chairman Semrow said "there being nothing further before this Board with regard to the Petition, this hearing is recessed at 9:50 p.m. Respectfully submitted, ( �t ec�c� Harry emrow, 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 (5), B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z-428 � � • � ZONING BOARD OF APPEALS JUNE 16, 1997 CITY OF MCHENRY �" IN THE MATTER OF THE APPLICATION OF ) Z-429 THE CITY OF MCHENRY FOR A TEXT ) City of McHenry AMENDMENT, PURSUANT TO THE ZONING ) Text Amendment ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) Sign Regs 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 16, 1997. Chairman Semrow called the hearing to order at 8:51 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, )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. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Absent. 6. Petitioners: John Lobaito, representing the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 7. Attorney for Petitioners: David W. McArdle. 8. City Council Members: Alderman Andrew Glab. 9. Court Reporter: None. 10. Objectors/Observers: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 1, 1997. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. ' SUMMARY The Petitioner is requesting a text amendment to the City of McHenry Zoning Ordinance as fol lows: � Chapter IX, Signs: 1. Increase the number of permitted wall signs from one to two; 2. fZeduce the maximum height of pole signs from 25 feet to 15 feet; 3. Include the area of canopy signs when calculating the total allowable sign area; _Page 2 +. � �ZBA-Texd�igns 6/16/97 4. Clarify the sections dealing with portable and temporary signs; 5. Fstablish a regular setback of 5 feet for ground signs. �-' 6. Other attendant changes as described in Table 18, Standards for Non-Exempt Signs. Due to thE� lateness of the hour, Chairman Semrow called for a motion to recess this hearing. RECESS Motion by Lovett, seconded by Cadotte, to recess this hearing to Monday, July 7, 1997 at 7:30 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 recessed at 9:53 p.m. and will reconvene on Monday, July 7, 1997 at 7:30 p.m., City Council Chambers of the McHenry Municipal Center. Respectfully submitted, C�� Harry emrow, 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, 6 & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z-42 9 L � . �` ZONING BOARD OF APPEALS JUNE 16, 1997 CITY OF MCHENRY `" IN THE Iv'.ATTER OF THE APPLICATION OF ) Z-430 THE CITY OF MCHENRY FOR A TEXT ) City of McHenry AMENDMENT, PURSUANT TO THE ZONING ) Text Amendment ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) Filing Procedures 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 16, 1997. Chairman Semrow called the hearing to order at 8:51 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 W. McAr�le. 3. Recording Secretary: Kathleen M. Kunzer � 4. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Absent. 6. Petitioners: John Lobaito, representing the City of McHenry, 333 South Green Street, � McHenry, Illinois 60050. 7. Attorney for Petitioners: David W. McArdle. 8. City Council Members: Alderman Andrew Glab. 9. Court Reporter: None. 10. Objectors/Observers: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on June 1, 1997. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. S U MMARY The Petitioner is requesting a text amendment to the City of McHenry Zoning Ordinance as fo I I ows: � Chapter II, Filing Procedures: 1 . Modify the public notice procedures and requirements. ' , Page 2 � _ `� ZBA-Text/Filing Procedures . 6/16/97 Due to the lateness of the hour, Chairman Semrow called for a motion to recess this hearing. `' RECESS Motion by Lovett, seconded by Cadotte, to recess this hearing to Monday, July 7, 1997 at 7:30 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 recessed at 9:53 p.m. and will reconvene on Monday, July 7, 1997 at 7:30 p.m., City Council Chambers of the McHenry Municipal Center. Respectfully submitted, Harry Se row, 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-430 �