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HomeMy WebLinkAboutMinutes - 5/19/1997 - Zoning Board of Appeals / � ' ZONING BOARD OF APPEALS � MAY 19, 1997 CITY OF MCHENRY �" IN THE MATTER OF THE APPLICATION OF ) DAVID C. EVANS AND THE CITY OF MCHENRY ) Z-423(2) FOR ZOI�ING AND CONDITIONAL USE UPON ) Evans ANNEXAI-ION TO THE CITY OF MCHENRY, � 3420 N Richmond Rd PURSUANT TO THE ZONING ORDINANCE OF ) C5 w/Cond Use THE CITY OF 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 March 24, 1997, continued to April 21, 1997 and subsequently continued to May 5, 1997. The May 5, 1997 hearing was cancelled and rescheduled to this date. Chairman Semrow called the hearing to order at 7:30 p.m. The following persons were in attendance: 1. Zc�ning 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. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Phillip Maggio. 6. Petitioner: None. 7. Attorney for Petitioners: Guy Youman, representing David Evans, (Rupp & Youman) 4302C West Crystal Lake Road, McHenry Illinois 60050. 8. City Council Members: Alderman Andrew Glab, City Clerk Pamela Althoff. 9. Court Reporter: Ginger Gaiser. 10. Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on March 8, 1997 and again on May 2, 1997. Publisher's Certificate of Publication is on file with regard to this matter in the �, City CIE�rk's Office. Notices were mailed to all abutting property owners. Affidavit of compliance with regard to notification requirements is on file in the office of the City Clerk. . " ` Page 2 ZBA-Evan� 5/19/97 LOCATION OF THE SUBIECT PROPERTY �"" The subje�:t property is located at 3420 North Richmond Road, McHenry, Illinois, 60050 and is currently zoned 63 Zoning District, pursuant to the McHenry County Zoning Ordinance. SUMMARY The Petitioners are requesting that the subject be reclassified from B3 to C5 Highway Commercial Zoning District upon annexation to the City of McHenry. The Petitioners are requesting that a Conditional Use Permit be granted to permit the following: 1) Motor Vehicle Repair Shop 2) Open Sales Lot 3) Wrecking Yard. TESTIMONY Attorney McArdle gave an overview of the Petition and the proceedings which occurred previously with regard to this matter. Ho noted that the Petitioners are seeking C5 Highway Commercial Zoning District Classification with a conditional use permit to allow the operation of the established business on the premises. At the April 21, 1997 hearing, the Board requested that an Affidavit be provided attesting to compliance to State EPA requirements regarding the handling, storage and disposal of hazardous waste materials on site. The Affidavit is on file in the Clerk's Office and a copy has been provided to the Board Members for their review. McArdle said testimony has previously been given as to the existing zoning and current uses on the property. �`'� Chairman Semrow asked if all members of the Board had read the Petition and the reports of the previous proceedings with regard to the Petition. All members acknowledged that they are familiar with the contents of the Petition and the previous testimony. QUESTIONS BY MEMBERS OF THE BOARD Lovett said that with regard to the Affidavit, there is no reference that the business is in compliance with the Illinois EPA. Lovett said there is no assurance that employees are being trained as to proper hazardous waste disposal. Youman said the Affidavit is in compliance with the Illinois laws regarding hazardous waste disposal. Semrow said Attorney Dwyer at the April 21, 1997 hearing that the Petitioners plan for removal of hazardous waste materials was in substantial compliance with Illinois laws. Semrow said he is satisfied that the Petitioner is in compliance with IEPA requirements. Christensen said there is no mention in the Affidavit about double containment; there is only a statement as to the 55-gallon drums being stored on a concrete pad. Youman said there is containment on the premises. Lovett said there could be a hazardous waste spill while the fluids are being removed from vehicles, and the employee should be trained to handle such a situati��n. There is no mention of this training in the Affidavit. Lobaito said the ZBA expressed concerns regarding storage of hazardous waste materials and .� various �luids on the premises. The storage of these materials can easily be incorporated into the Annexation Agreement. , Page 3 ' ZBA-Evans 5/19/97 Semrow s�ggested the Board might consider including evidence of compliance regarding the � training o�� employees as to handling and storage of hazardous waste materials in the Annexatioii Agreement. It would be possible to include that suggestion within the recommendation to the City Council. Christensen asked if the open sales lot area were increased, would the Petitioners be required to bring the parking surface into compliance with city code. Lobaito said if the open sales lot area were expanded, compliance with code would be required, including requesting the expansion of the conditional use before the city council. Chairman Semrow said, "there being no further testimony before the 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. 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 Petitioners' request that the subject property be reclassified from B3 McHenry County to C5 Highway Commercial in the City of McHenry upon annexation to the City be granted; that the Petitioners request for a conditional use permit to allow the following: 1] Motor Vehicle Repair Shop; � 2] Open Sales Lot; 3] Wrecking Yard; be granted; that the City Council consider including language ascertaining compliance with the IEPA with regard to handling, storage, containment, and disposal of hazardous waste materiats in the Annexation Agreement; that the Approval Criteria for Zoning Amendments, Table 33 of the Zoning Ordinance, page 401, have been met; and that the Approval Criteria for Conditional Uses, Table 31, page 357-358, have been met. Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: Christensen. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. This hearing was adjourned at 7:48 p.m. spe fully s mitted, Harry mrow, Chairman Zoning Board of Appeals `� c: Zcrning Board of Appeals Members(7),Plan Commission Members p),City Administrator,Planner,PW Administration,City Engineers,Aldermen Rf+ference Copy,Petitioner(2),B&Z Zoning File,Landmark Commission Chairman, Northwest Herald,Star Newspaper,City Clerk Fi��23�2� - - � ZONING BOARD OF APPEALS MAY 19, 1997 CITY OF MCHENRY �- IN THE MATTER OF THE APPLICATION OF ) KEVIN G. WEGRZYN AND BEVERLY S. ) WEGRZYN, RECORD TITLE HOLDERS, FOR A ) Z-426 MAP AMENDMENT AND VARIANCES UPON ) 4811 W. Crystal Lake Rd ANNEXATION, UNDER THE PROVISIONS OF THE ) Wegrzyn ZONING ORDINANCE OF THE CITY OF ) MCHENRY, MCHENRY COUNTY, ILLINOIS. ) C2 wNariances 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 May 19, 1997. Chairman Semrow called the �earing to order at 7:50 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. Kecording Secretary: Kathleen M. Kunzer. � 4. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Phillip Maggio. 6. Petitioner: Dr. Kevin Wegrzyn, 5504 Gerry Lane, Crystal Lake, IL 60014. 7. Attorney for Petitioners: Militello, Zanck and Coen represented by Mark Saladin, 40 Brink Street, Crystal Lake, IL 60014. 8. City Council Members: Alderman Andrew Glab, City Clerk Pamela Althoff. 9. Court Reporter: Ginger Gaiser. 10. Registered Objectors/Observers: 1 . Mr. and Mrs. Mark Bartolone, 4809 W. Crystal Lake Road, McHenry. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on April 26, 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 abutting property owners. Affidavit of compliance with regard to notification requirements is on file in the office of the City Clerk. �.- � Page 2 ZBA-Wegrzyn 5/19/97 LOCATION OF THE SUBIECT PROPERTY `-- The subjec;t property is located at 4811 West Crystal Lake Road, McHenry, Illinois, 60050 and is currently zoned A1 Zoning District, pursuant to the McHenry County Zoning Ordinance. SUMMARY The Petitioners are requesting that the subject be reclassified from A1 to C3 Community Commercial Zoning District upon annexation to the City of McHenry. The Petitioners are requesting that Variances be granted to permit the following: 1) minimum lot width along an arterial street from 200 feet to 100 feet; 2) minimum interior side yard adjacent to residential district from twenty (20) feet to ten (10) feet; and 3) such other variances as may be required in order to allow the construction and use of premises for Petitioners professional dentistry building on the premises. TESTIMONY Attorney Saladin stated that the subject property is directly across the street from the south entrance to the McHenry High School West Campus parking lot. The dimensions of the subject property are 100 feet by 800 feet. There is one curb cut onto Crystal Lake Road with a gravel drive on the site. Saladin provided an overview of the surrounding area, noting that the property to the north and south is currently not incorporated into the City. The property east of the site is being developed as Park Ridge Estates. Property to the west is zoned single family and being used as a high school facility. There is a possibility that both city water and `— sewer might be available to the site. Saladin said there are several commercial businesses in the area. The Petitioners have requested C3 zoning as this would allow the dentistry practice on the premises. Chairman Semrow swore in the following witness for the Petitioners: 1] Dr. Kevin Wegrzyn, 5504 Gerry Lane, Crystal Lake, Illinois 60014. Wegrzyn said that he has been practicing dentistry in the McHenry area since 1981 . His sister, also a dentist, has been practicing with him since approximately 1988. Currently, their office is located in Water Tower Plaza. The size of the current office area is 1,500 square feet. He is proposing a 3,000 square foot single story building with a full basement. Wegrzyn said he is hoping to upgrade his office and equipment in response to OSHA requirements. He said he is proposing to build a dental office building which would blend into the area. It would be a low-key, one story brick building. Saladin said variances are being sought with regard to 1) the minimum lot width required in a commercial zoned district; and 2) the interior side yard setback requirement of 20 feet to the north property line. Saladin noted that the lot was platted in 1949 and the lot width was determined at that time. Parking requirements for the dentistry business would be 3.5 spaces/1,000 square feet of �"' building area. Wegrzyn said that he would prefer to put in 2 spaces per operatory chair (6). ' Page 3 � - ZBA-Wegrzyn 5/20/97 Saladin said the Petitioners did appear before the Plan Commission to seek their input regarding the proposed use of this property and how it fits into the long range plan for the City `- of McHenry. Saladin acknowledged that this use does not comply with the Comprehensive Plan; however, the City will be reevaluating the Comprehensive Land Use Plan in the near future. The Plan Commission recommended that the ZBA look favorably upon reclassification of this property to commercial. It should be noted that it was the opinion of the Plan Commission that consideration should be given to making the zoning more restrictive than C3. The Plan Commission recommended that only one curb cut be permitted on this lot and that the Petitioners should be required to screen their property from the adjacent residential property. QUESTIONS BY MEMBERS OF THE BOARD Christensen asked if the access drive must be located at least 20 feet from the adjacent property if it is residential in use. Lobaito said that is correct. Christensen asked if this would be strictly a business. Wegrzyn said there would be an office and there would be no residential dwelling on the premises. Cadotte said the Petition stated that the trend of development to the north is commercial - he asked the petitioner to clarify what properties he was alluding to in this statement. Saladin said there are several businesses along Crystal Lake Road including the Post Office, McHenry State Bank, the Whispering Point Center Office complex, the gas station, a day care center, Harms Farm and Accounting, just to name a few. These are all located north of the subject premises. Cadotte said he believes that most commercial development stops at Royal Terrace. Further south it is more sporadic; he said he would consider this request as spot zoning. � Lovett asked the Petitioner to strike Paragraph 6C, which requested such other variances as may be required in order to allow the construction and use of premises for Petitioners professional dentistry building on the premises. Saladin agreed to strike that paragraph from the Petition. Lovett asked when this property was zoned Agricultural. Saladin said it was originally part of a larger farm. Christensen asked what the businesses to the south of this site are zoned. Saladin said they are currently under the county jurisdiction and are zoned A1 . Christensen said that if the interior side yard variance of 10 feet is granted, what is to prevent the petitioners from building within 10 feet of both the north and south property lines. Lobaito said this could be addressed with specific language in the annexation agreement. Semrow said that if the objective is to zone the property so that a dental office could be operated on site, why not rezone to C2 rather than C3. C2 would be more restrictive and would still allow this use. Semrow said there are certain permitted uses in a C3 district which would not be good adjacent to a high school or in the vicinity of youth. Semrow said he would be more inclined to grant C2 than C3 zoning. Meyer said with regard to parking lot lighting - what would be the maximum height. A residential screening strip of 5-7 feet in height is required, but how would this screen light poles. Wegrzyn said that there will not be a large parking lot and no large lighting system will �'' be required. Wegrzyn said that he is willing to screen from the residential property to the north. ' Page 4 � ZBA-Wegr zyn 5/19/97 Semrow asked about the type of sign that will be installed and will it be illuminated. Wegrzyn said that t�e sign would be low to the ground and would be externally illuminated. `.. Lovett asked if there would be any bio-hazard wastes on the site. Wegrzyn said that all bio- hazard waste would be stored inside of the building. There would be a dumpster which would be screened from view. Lovett said he had concerns regarding the trend in development in this area. He said he was not sure that there was that much commercial business in the area that he would classify it a trend in development. Semrow said he would concur th��t property west of Crystal Lake Road is predominantly commercial. Property east of Crystal !ake Road is predominantly residential. Saladin said the City is in a unique position. The reclassification of this property could act as a catalyst to inspire other property owners in the area to annex into the City. Discussion followed regarding the traffic in this area and the impact of the proposed improvement to this site on the traffic. It was noted that there is an average of 3 patients per hour visiting the dental facility. Wegrzyn stated that there are approximately 40 patients which visit the facility daily. There should not be a great impact on the traffic in this area. In response to questions from the Board, Wegrzyn stated that his business hours are 8 am-8 pm on Monday through Thursday. His office is not open on Friday. He maintains Saturday hours one or two days per month. Discussion followed regarding the possibility of a shared curb cut with the property owner of 4813 West Crystal Lake Road. � QUESTIONS BY OBIECTORS Michael Bartolone: Mr. Bartolone said he lives directly north of the subject property. He has lived at this location for 10 years. He and his wife bought this property with the understanding that there would be residential property remaining immediately to the south of his property. He asked what would happen to the view from his back door. What steps will be taken to insure his right to privacy in his back yard? Wegrzyn said he would screen the north property line with plants, trees, landscaping. He would screen the parking area. Much of the rear portion of his property would remain in its current state. Parking lot lighting would be kept to a residential style. Semrow asked if the lights would be directed in such a way that they would not wash onto the neighbors property. Wegrzyn said he would make sure the lights were not obtrusive. Bartolone said the building is depicted with windows facing his back yard. There would be eight dental chairs looking out onto his backyard. He said this concerns him. McArdle said this is an issue which could best be handled in the annexation agreement. Bartolone asked what impact granting this zoning reclassification would have on the future development of this area. Is the City adopting a long range focus of commercial zoning along Crystal Lake Road? What will be the impact on traffic is this entire area develops as commercial? Lovett said the Plan Commission expressed concern regarding the traffic impact issue as well. Some discussion followed regarding the extension of Dartmoor Drive and the new proposed residential developments in this general area. It was pointed out that there will `► eventually be a stop light at Dartmoor Drive and Crystal Lake Road. Howell said that low impact office is better as far as traffic is concerned than high impact retail commerci.�l. Howell said that as the community grows, expansion of traffic lanes must Page 5 ' ` ZBA-Wegrzyn 5/19/97 increase t�� accommodate the traffic growth. `- Mrs. Bartolone said that if the City grants this commercial zoning to one or two parcels, you ultimately could be looking at the rest of these county parcels coming into the city as commercial too. Lobaito spoke to the traffic concerns raised at this hearing and before the Plan Commission as well. The City does not have enough east-west collector streets to funnel traffic to the north- south arterials, such as Green Street, Crystal Lake Road and Route 31 . When Dartmoor Road is extended, it will connect Crystal Lake Road to Curran Road. This could alleviate some of the traffic congestion on Crystal Lake Road. When Park Ridge Estates is fully developed, Dartmoor Drive will extend east, possibly as far as Route 31, in the vicinity of Knox Drive. Saladin said the office hours should be compatible with high traffic impact hours. Peak school in/out traffic times will not be exacerbated by the proposed development. Meyer asked how the Comprehensive Plan designates this area. Maggio said this area is indicated urban residential on the Comprehensive Plan. Maggio noted that the Plan Commission recommended this are be recognized as converting to commercial. Low impact commercial uses were recommended by the Plan Commission for this area. Maggio said it is the roll of the Plan Commission is to look at development in more general terms. Technical or ordinance requirements should be reviewed by this Board. With regard to the combined access and single curb cut for this parcel as well as the one immediately to the south, Maggio noted that, although each Petition should be considered independently, this Board could `- recommend that the City Council ultimately look at that option. Saladin said he could not agree to such a requirement, however, his client would be open to look at the joint access as a possibility. Christensen asked how many dental chairs were in the present facility. Wegrzyn said there were 4. He is proposing two additional chairs, one of which would be used for emergency purposes. Christensen asked if the Petitioner would be required to install sidewalk on the site. Lobaito explained that either a sidewalk would be required at the time of occupancy. However, if the sidewalk would not connect to any other walk, the city might take the money in escrow until such time as a connecting walk is installed. Either way, the Petitioner would be paying for the Sidewalk. Christensen asked if the Petitioner would be willing to amend his petition to request C2 rather than C3. Saladin said he would amend the Petition. CLOSING STATEMENT BY PETITIONERS The Petition before this Board works for the City as well as for the Petitioners. The Petitioner has stated his willingness to work with his neighbors regarding their concerns as far as fencing, screening, and landscaping. The City is looking at an area that is mixed use. The request is for C2 zoning which is low impact commercial, conducive and more beneficial to other uses in the are��. The Plan Commission has recommended commercial zoning for this area. The public interest would be served. This dentistry practice is already located in the City of McHenry. The new facility will be conducive to the residential nature of this area. Regarding the variance requests, the request for a 100 foot minimum lot width is merely a technical `' request. This is a hardship necessary due to the unusual configuration of the lot. If the property immediately to the south of the subject property also annexes into the City and is granted commercial zoning, no variance would be needed with regard to the interior side yard Page 6 ' � ZBA-Wegrzyn 5/19/97 setback. The Petitioner has stated he is willing to screen and protect his neighbors view to the north, as��ell as any additional screening requirements by the City. The Petitioner respectfully `- requests that the Board make an affirmative recommendation to the City Council with regard to his Petition. Chairman Semrow said, "there being no further testimony before the 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. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by Christensen, seconded by Lovett to recommend to the City Council that the Petitioners' request that the subject property be reclassified from A1 McHenry County to C2 Neighborhood Commercial Zoning District in the City of McHenry upon annexation to the City be granted; that the Petitioners request for variances to allow the following: 1] minimum lot width along an arterial street from 200 feet to 100 feet; and 2] minimum interior side yard setback from the south property line adjacent to residential district from twenty (20) feet to ten (10) feet; be granted; that the Approval Criteria for Zoning Amendments, Table 33 of the Zoning Ordinance, page 401, have been met; and that the Approval Criteria for Variances, Table 32, page 377-378, 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. This hearing was adjourned at 9:22 p.m. Res ect u I I s m itted, � Harry row, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members p),Plan Commission Members p),City Administrator,Planner,PW Administretion,City Engineers,Aldermen Reference Copy,Petitioner,B&Z Zoning File,Landmark Commission Chairman, Northwest Herald,Star Newspaper, City Clerk File Copy. Z-426 �.- � ZONING BOARD OF APPEALS MAY 19, 1997 GTY OF MCHENRY �-- IN THE MATTER OF THE APPLICATION OF ) WILLIAM S. WEYDE AND DIANE S. WEYDE ) AS CONTRACT PURCHASERS, FOR A ) Z-427 MAP AMENDMENT AND VARIANCES UPON ) 4813 W. Crystal Lake Rd ANNEXAI�ION, UNDER THE PROVISIONS OF THE ) Weyde ZONING ORDINANCE OF THE CITY OF ) MCHENRY, MCHENRY COUNTY, ILLINOIS. ) C3 w/Variances 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 May 19, 1997. Chairman Semrow called the hearing to order at 9:30 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. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Phillip Maggio. 6. Petitioner: William S. Weyde, 3904 W. Grove Avenue, McHenry, Illinois 60050. 7. Attorney for Petitioners: Clark, Rehberg, and McArdle, represented by Curt Rehberg, 75 East Crystal Lake Avenue, Crystal Lake, Illinois 60014. 8. City Council Members: Alderman Andrew Glab. 9. Court Reporter: Ginger Gaiser. 10. Registered Objectors/Observers: 1 . Sue Miller, 306 West Rand Road, McHenry, Illinois 60050. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on May 2, 1997 and May 3, 1997. Publisher's Certificates of Publication are on file with regard to this matter in the City Clerk's Office. Notices were mailed to all abutting property owners. Affidavit of compliance � with regard to notification requirements is on file in the office of the City Clerk. ' Page 2 ZBA-Weyc�e 5/19/97 LOCATION OF THE SUBIECT PROPERTY � The subje�:t property is located at 4813 West Crystal Lake Road, McHenry, Illinois, 60050 and is currently zoned A1 Zoning District, pursuant to the McHenry County Zoning Ordinance. SUMMARY The Petitioners are requesting that the subject property be reclassified from A1 to C3 Community Commercial Zoning District upon annexation to the City of McHenry. The Petitioners are requesting that Variances be granted to permit the following: 1) minimum lot width along an arterial street from 200 feet to 100 feet; 2) two accessory buildings in addition to the principal building on the subject property. TESTIMONY Attorney Rehberg stated that initially, the Petitioners sought C5 reclassification, and published in the paper accordingly. Following the appearance before the Plan Commission, the Petitioners made the decision to seek C3 reclassification and re-published in the local paper. Rehberg noted that the Petitioners are contract purchasers of the subject property which is immediately south of the property which was the subject of the previously heard Petition (Wegrzyn property - see Z-426). Rehberg said the property currently is developed as a single family residence. The Petitioners are proposing to convert the residence to an office for a flood and fire restoration business known as Bill's Decorating. The Petitioners are seeking to put three buildings on the lot: 1) office; 2) business equipment and vehicle storage facility; 3) �- storage facility for clients' possessions. Chairman Semrow swore in the following witness for the Petitioners: 1] William S. Weyde, 3904 West Grove Avenue, McHenry, Illinois 60050. Weyde stated that he is in the flood and fire restoration business. He has been in business in McHenry for 6 years. His business currently employs 8 people. He is hoping to increase that number to 16-20 employees. Weyde said he would convert the house to an office. The first accessory structure would house his business equipment and vehicles. The second accessory structure would house the belongings and possessions of those who have been displaced due to fire or flood damage and on whose building his firm would do the renovation work. Weyde said a typical day would begin at 6 a.m. His crews would then go out to various job sites and return to the office location at approximately 4-5 p.m. The day would end at approximately 5:30-6 p.m. Very seldom would clients actually come to the site. He said there would be not more than two clients visiting the site on an average day. Weyde noted there are in excess of 300 pine trees at least 8-10 feet in height on the premises. He hopes to retain them on the site and to use them to help with screening his site from neighboring properties. � Rehberg asked the Petitioner if he would have any problem with the proposed joint access to his site with a single curb cut to be used for access to his property as well as the property . . Page 3 ' ZBA-Weyc�e 5/19/97 located at 4811 Crystal Lake Road. Weyde said he would be agreeable to the single entry to the two sites. � UESTIONS BY MEMBERS OF THE BOARD Lovett stated the plat of the property shows two existing frame sheds. Would the sheds be removed rrom the premises? Weyde said they would be removed. Lovett asked if the Petitioner is planning to do his own engineering and site development. Rehberg said the Petitioner will develop the property; however, he will hire an engineer. Semrow asked if sanitary sewer is available to the site. Rehberg said that he believes sewer is available. Christensen asked if there would be a variance needed to accommodate the existing side yard setback to the north which is less than the required 20 feet. Rehberg said that the petitioner is assuming that if this property is reclassified, the property to the north would be reclassified as well. In that event, the 10 foot setback would be adequate to meet the requirements of the ordinance for property abutting other commercial properties. Christensen said there is no parking indicated on the site plan. What are the City requirements as far as parking is concerned. Lobaito said 3.5 spaces/1,000 square feet of the office space is required. The accessory structures do not require parking. However, the Petitioners would be required to provide parking for their employees on site. Ekstrom asked where the employees would park their personal vehicles. Weyde said the site is large enough to provide for all parking needs. Employees might park in the area to the rear � of the office in front of the first accessory building. Semrow asked the floor area of each of the accessory buildings. Weyde said the first building is approximately 5,000 square feet; the second building is 20,000 square feet. Lovett asked how the Petitioners plan to tight the site and would there be a security system installed to protect the possessions of the clients. Weyde said there would be a security system; the insurance companies require it. It would be a silent alarm system. Weyde said the site lighting would be mounted on the building; it would be down lighting. The sign for the business would not be illuminated. Meyer asked if there would be outside storage of any equipment or materials. Weyde said there would be no outside storage. Lovett asked if there would be storage of construction materials. Weyde said no materials would be stored on site. He said he would not be warehousing gasoline, petroleum products, or other flammable liquids. Lovett asked how the exterior of the building would be designed. Weyde said the building would be made of sh�et metal with a brick facade to correlate with the existing house. Christensen asked if a variance was needed for the interior side yard setback to the north. Semrow said if it is not being requested, the property would come into the City pre-existing � non-conforming. Lobaito said the house is located 10.19 feet from the north property line. If the C2 zoning is granted to the property to the north, there would be no need for more than a 10 foot setback. In any event, the property could be annexed as pre-existing non- • . Page 4 - ZBA-Wey��e 5/19/97 conforming. Discussion ensued regarding the access drive being located within the 20 foot setback of the interior side yard. Maggio said the site would have to be designed in such a �, way that there would be no parking within 20 feet of the south property line. Christensen asked if the Petitioner delivered all belongings and/or possessions to his business location from the job site. How are these items transported? Weyde said he uses company vans or they rent a box truck. No moving companies are utilized. Ekstrom asked if all storage facilities would be used by the Petitioner and that in no instance would the storage units be rented out to others. Weyde said he would not rent out the units independently. They would only be rented in conjunction with the restoration business. Lobaito said the City does not recognize two principal uses on one lot. If these units were rented out, it would be considered another principal use. It would not permitted without additional relief from the zoning ordinance. Semrow asked how many overhead doors would be located on the second accessory building. Weyde said there would be 80 doors, 40 along the south side and 40 along the north side of the building. Weyde said typically a client stores materials at his facility from 4-6 months. Ekstrom asked if the Petitioners would be required to hook up to City sanitary sewer service. McArdle said that matter could be covered in the annexation agreement. Discussion followed regarding the possibility that this property might be non-conforming and whether it could be annexed into the city if that were the case. Rehberg stated that if the �. property to the north (Wegrzyn property) is granted C2 zoning, then the existing 10 foot interior side yard setback is appropriate and no variance would be required. McArdle said that would take care of the setback to the north; what about the setback from the south property line. Maggio said a variance would not be necessary as the building and the parking would both be at least 20 feet from the south property line. Meyer expressed concern regarding the single joint curb cut and the fact that it might not work with the way the Petitioner has his site configured. Maggio said there could be a single curb cut and the site plan could be re-configured to accommodate both property owners. Christensen said the Petitioner must provide adequate parking for employees as well as the business customers. Maggio said whatever site plan is approved must meet the minimum requirements of the city code. It is important to know the proposed size of the structures on the property. However, the Petitioner is not bound by the site plan begin presented at this hearing. CLOSlNG STATEMENT BY PETITIONERS The trend of development in this area supports the applicants petition before this Board. The Plan Commission recommended that commercial zoning be granted. Unusual circumstances exist regarding the configuration of the lot. City ordinance requires a minimum lot width of 200 feet. This property was platted with a width of 100 feet. The Petitioner is requesting that a variance to allow the 100 foot width. In addition, the Petitioner seeks a variance to permit `— two accessory buildings on the premises to be used in conjunction with his flood and fire restoratior� business. The Petitioner respectfully requested that the Board recommend that the City Council approve these requests. - . Page 5 � ZBA-Wey��e 5/19/97 Discussiori followed regarding the possibility of amending the zoning request from C5 to C3 and woulc� the Petitioners business be permitted to operate within the parameters of the C3 � District. 't was the determination of the Board that this business would be permitted as a business office, as opposed to a contractor's or construction office, since there would be no outside storage on the premises. Typically, construction offices have outside storage of equipment and materials. Christensen asked if the property to the east and south would be screened from this site. Lobaito said that screening is required if this property abuts a less intense use. Lobaito asked if the storage facility would look like a mini-storage garage. Weyde said it would. Semrow asked the size of the storage facility. Weyde responded that the building would be 50 feet wide and 400 feet long Meyer said the storage building would be a mini-warehouse facility. Semrow said mini- warehouses are commercial rental facilities. Rehberg stated that for insurance purposes, each storage unit must be independently contained and have its own entrance. The structure will look very similar to a mini-warehouse. Attorney McArdle said that provision can be made in the annexation agreement to prohibit the use of this facility as a mini-warehouse. For future enforcement and clarification, Lobaito said there needs to be a clear record that approval for a mini-warehouse is not being granted at this time. Howell said the previous petitioner was encouraged to amend his petition to request C2 �. zoning as opposed to C3 Zoning. Why is the Board making this same recommendation to this petitioner. Semrow said Mr. Weyde's business would not fit into the permitted uses in the C2 District. C3 is the most restrictive District in which it would be permitted. Chairman Semrow said, "there being no further testimony before the 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. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by Lovett, seconded by Ekstrom to recommend to the City Council that the Petitioners' request that the subject property be reclassified from A1 McHenry County to C3 Community Commercial Zoning District in the City of McHenry upon annexation to the City be granted; that the Petitioners request for variances to allow the following: 1] minimum lot width along an arterial street from 200 feet to 100 feet; and 2] two accessory structures with a total square footage of 25,000; be granted; that the Approval Criteria for Zoning Amendments, Table 33 of the Zoning Ordinance, page 401, have been met; and that the Approval Criteria for Variances, Table 32, page 377-378, have been met. � " � ; � Page 6 ' ZBA-Wey��e 5/19/97 Voting Aye: Ekstrom, Howell, Lovett, Semrow. � Voting Nay: Cadotte, Christensen, Meyer. Not Voting: None. Abstaining: None. Absent: None. Motion carried 4-3. ADIOURNMENT Motion by Christensen, seconded by Lovett to adjourn this hearing. 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 10:40 p.m. Respectfully s mitted, Harry row, Chairman � Zoning oard of Appeals c: Zoning Board of Appeals Members(7),Plan Commission Members p),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-427 �