HomeMy WebLinkAboutMinutes - 4/21/1997 - Zoning Board of Appeals ZON I NG BOARD OF APPEALS
APRI L 21, 1997
CITY OF MCHENRY
�
IN THE �1ATTER OF THE APPLICATION OF )
DAVID C. EVANS AND THE CITY OF MCHENRY )
FOR ZONING AND CONDITIONAL USE UPON ) Z-423(2)
ANNEXATION TO THE CITY OF MCHENRY, ) Evans
PURSUANT TO THE ZONING ORDINANCE OF ) 3420 N Richmond Rd
THE CITY OF MCHENRY, MCHENRY COUNTY, ) C5 w/Cond Use
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 and continued to this
date. Chairman Semrow called the hearing to order at 7:30 p.m. The following persons were
in attendance:
1. Zoning Board Members: Randy Christensen, John Howell, Harry Semrow, Donna
Tobeck. Absent: Thomas Burr, Chuck Lovett, Frank McClatchey.
2. Attorney for Zoning Board: Tim Dwyer.
�
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: Tim Dwyer, representing City of McHenry (Zukowski, Rogers,
Flood, and McArdle, 50 North Virginia Street, Crystal Lake, IL 60014); Guy Youman,
representing David Evans, (Rupp & Youman) 4302C West Crystal Lake Road, McHenry
Illinois 60050.
8. City Council Members: None.
9. Court Reporter: None.
10. Objectors: None.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on March 8, 1997. Publisher's
`-' Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices
were mai(ed to all abutting property owners. Affidavit of compliance with regard to
notificatio� requirements is on file in the office of the City Clerk.
Page 2
ZBA-Evar s
4/21/9 7
� LOCATIUN OF THE SUBIECT PROPERTY
The subject property is located at 3420 North Richmond Road, McHenry, Illinois, 60050 and
is currently zoned B3 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
requestin� that a Conditional Use Permit be granted to permit the following:
i j Motor Vehicle Repair Shop
2) Open Sales Lot
3) Wrecking Yard.
TESTIMONY
City of McHenry Witness, John Lobaito, was sworn in on March 24, 1997. Lobaito described
the current use of the property which includes a motor vehicle repair business, the dismantling
of vehicles and a salvage yard. The property is currently zoned B3 pursuant to the McHenry
County Zoning Ordinance and these uses are permitted under the provisions of that ordinance.
Lobaito said the use of the property is not proposed to be changed.
Attorney Dwyer went over the Approval Criteria for Zoning Amendments and Conditional Uses
as stated within the Petition.
�-' Attorney Youman stated that he would respond to any questions from the Board with regard
to the operation of the business on the premises.
QUESTIONS BY MEMBERS OF THE BOARD
Christensen asked if the business has a salvage yard license with the State of Illinois. Youman
said the business is licensed with the State. Christensen asked if there was a possibility that
the Petitioner would expand the open sales lot area. Youman said the Petitioner is not asking
to expand the current business operation. They are seeking a conditional use to permit the
existing uses within the McHenry City limits upon annexation. Lobaito said that if the business
were to expand in the future, they would be required to pave the additional area of open sales
lot; they would not be able to park vehicles on the grass. If this conditional use to allow the
open sales lot were to be expanded, the Petitioner would be required to come before the City
for the addition to the conditional use.
Semrow asked if the area is paved at the present time where vehicles are being stored in the
open sales lot. Lobaito said that is correct. Semrow asked the approximate area of the open
sales lot. Lobaito said he would guess it to be approximately 80' by 60', or about 4,800
square feet. Semrow asked if there is currently any green space between the edge of the
roadway and the blacktop curb of the open sales lot. Lobaito said there is approximately a 30'
green space buffer in this area. Semrow asked the size of the salvage yard and wouldn't this
salvage yard be more appropriate in an industrial zoned district. Lobaito said cars are parked
corner to corner in the rear yard of the property. The salvage yard is fenced-in. Cars are
�-' parked in a very orderly fashion. There is screening on the north and east property lines.
Semrow a�sked if there is any wholesaling or retailing of parts from the wrecking yard. Youman
said most parts are shipped out to other sites. There is minimal amount of retail sales on the
' , Page 3
• ZBA-Evar s
4/21/9 7
site; how��ver, someone could come in and purchase parts for their vehicle.
�
Christens��n asked if there was a towing business associated with this salvage business.
Christenst�n said he was concerned about the location on site of the dismantled or inoperable
vehicles. He said he would like to limit them to containment within the fenced-in area.
Lobaito s��icF that would be possible. Youman said it is necessary that the Petitioner have a
towing b�asiness in conjunction with the salvage yard. The towing business is necessary to
operate tl�is type of business. The Petitioners use both tow trucks and flat bed trucks.
Christensen asked if the Petitioner strips cars that he purchases at auction. He asked if they
had a place to dispose of oil, gasoline and other solvents from the vehicles as they were being
dismantled. Dwyer said the Petitioner is required to comply with all federal and state EPA
regulations. Youman said the Petitioner has storage tanks. He said he was not certain as to
the size of the tanks or the exact location on the premises. Dwyer said the business would
not be allowed to store such fluids on the site for more than 10 days without getting a
permanent hazardous waste disposal permit from the IEPA. Youman said that the Petitioner
must comply with all requirements of the IEPA or they would be in a position of losing their
salvage business license with the state.
Tobeck said she would recommend that the hearing be recessed until such time as the
Petitioner could confirm what kind of storage is being maintained on the premises, how much
is being stored, where on the property the tanks are located, and access ways for emergency
vehicles in the event there is a fire.
`-' Motion by Tobeck, seconded by Christensen to recess this hearing until such time as the Board
has received and reviewed the following information:
1] What kind of hazardous waste storage is maintained on the site;
2] Capacity of storage tanks
3] Number of storage tanks
4] Where tank(s) are located on the property
5] Emergency vehicle access to tank location.
Discussion on the motion:
Discussion followed regarding the need to have the above-specified information prior to
makir�g a recommendation with regard to the Petition. Howell asked if the Board was going
beyond their jurisdiction by getting involved in the enforcement of environmental protection
laws; these requirements must be met under any circumstances. The ZBA should consider the
requested zoning from a land use perspective. Tobeck said that at this point, the subject
property is located in the county and not of concern to the City. However, when it comes into
the City, it will become a City problem. Because a conditional use permit is required in order
to conduct this business on the premises, the City may choose to place conditions or
restrictions on the conditional use permit. It is for that reason that the additional information
is being requested.
Chairman Semrow called for a recess at 7:58 p.m. The hearing was reconvened at 8:03 p.m.
�-' with all members still in attendance.
� , . Page 4
• ZBA-Nels�n
4/21/9 7
Youman said the law requires that above-ground storage tanks be clearly marked and emptied
`'' regularly. The Petitioner must comply with all of the very stringent EPA regulations regarding
disposal c►f hazardous waste substances. Youman said that he would be willing to draft an
affidavit tc� be signed by the Petitioner stating his response to each of the following questions
or concerns of the Board:
1] What is the location of the tanks on the property?
2] What type of substance are the tanks stored on (asphalt, concrete, gravel?)
3] What types of substances are being stored in the tanks?
4] What type of second containment is being used?
5] How is the hazardous waste removed from the site?
6] How often is it removed?
7] Does the Petitioner separate the fluids?
8] Are the tanks clearly marked?
VOTING ON THE MOTION
Voting Aye: Christensen, Howell, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Burr, Lovett, McClatchey.
�'' Motion carried 4-0. This hearing was recessed at 8:09 p.m.
The hearing will reconvene on Monday, May 5, 1997, at 7:30 p.m. by which time the Board
shall be provided with all information as required to alleviate concerns regarding the storage
and removal of any hazardous materials on the premises.
Respe tfully su itted,
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(2),B&Z Zoning File,Landmark Commission Chairman, Northwest Herald,Star Newspaper, City Clerk File Copy.
Z-423(2)
`i
ZONINC BOARD OF APPEALS
APRI L 21, 1997
CITY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF )
MCHENRY STATE BANK AS TRUSTEE FOR ) Z-425
TRUST NO. 468 FOR MAP AMENDMENT, ) BYKOWSKI
VARIANCE AND CONDITIONAL USE PERMIT ) 4506 HI POINT RD
UPON ANNEXATION, PURSUANT TO THE ) MAP AMENDMENT, VARIANCE
ZONING ORDINANCE OF THE CITY OF ) CONDITIONAL USE
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 April 21, 1997. Chairman Semrow
called the hearing to order at 8:13 p.m. The following persons were in attendance:
1 . Zoning Board Members: Randy Christensen, John Howell, Harry Semrow, Donna
Tobeck.
2. Attorney for Zoning Board: Tim Dwyer.
�
3. Recording Secretary: Kathleen M. Kunzer
4. Director of Building & Zoning: John A. Lobaito.
5. City Planner: Phillip Maggio.
6. Petitioner: Ronald Bykowski, Century 21 Care Realty, 3717 West Elm Street, McHenry
Illinois 60050.
7. Attorney for Petitioner: James Green, Landmark Center, Suite 302, P. O. Box 907, Lake
Geneva, WI 53147.
8. City Council Members: None.
9. Court Reporter: Ginger Gaiser.
10. Objectors: None.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on April 2, 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 and the subject property was posted with a sign
as requirec� by City ordinance. Affidavit of compliance with regard to notification requirements
is on file in the office of the City Clerk.
- • � � Page 2
ZBA-Bykc wski
4/21/9 7
LOCATION OF THE SUBIECT PROPERTY
�-- The subjE�ct property is located at 4506 Hi Point Road, McHenry, Illinois, 60050 and is
currently zoned I-1 pursuant to the McHenry County Zoning Ordinance. It is comprised of
approximately 41,000 square feet.
SUMMARY
The Petitioner is requesting that upon annexation the subject property be reclassified to I-1
pursuant to the City of McHenry Zoning Ordinance and that the following be granted:
1] Conditional Use Permit for Outside Storage;
2] Variance to Front Yard Setback requirement;
3] Variance to required landscaping requirements.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
1] Ronald Bykowski, 3717 West Elm Street, McHenry IL 60050.
Attorney Green asked Lobaito to provide a history of how this Petition came before this Board.
Lobaito explained that the petitioner had come before the City Council in May of 1994
requesting to be allowed to connect to City water and sewer. The Council permitted the
connection of this property provided that the Petitioner seek annexation to the City. This
hearing this evening is the first step in the process of annexation to the City. The property is
contiguous to the City on the north (McHenry Corporate Center) and west (Pintozzi) property
I i nes.
�
Attorney Green said the Petitioner would like to propose an amendment to the Petition.
Bykowsi�i said the addition to the existing building was added on in a "build to suit" manner.
What appears to be an outside storage area is actually a loading dock. There is no area
designated as outside storage on the site. There is really no need to seek a conditional use for
outside storage on this property. Bykowski said he does not have a problem with the front
yard setback of the building. He said he does not anticipate any addition to the front of the
building which would require the variance. Bykowski said the variance as to the landscaping
requirements is due to the fact that there are no parking screening strips in this industrial park
and to be required to put in a berm, trees, and other parking screening landscaping would not
seem appropriate. In summary, Bykowski said he would be willing to withdraw the request
for a conditional use permit for outside storage and the request for variance as to front yard
setback, if the Board, in exchange, would be willing to grant a variance as to required
landscaping on this site.
Lobaito said that when the Pintozzi property was zoned and annexed, no variance as to
landscaping requirements was granted; however, Pintozzi did request a variance as to the
parking requirements. Lobaito clarified that the Petitioner would not be required to install
landscaping merely because the property is being annexed into the City. If at a future date,
he wished to expand the parking area, the parking screening strip requirements would then
have to be met. Semrow said the Petitioner would not be required to place any screening on
the site as it currently stands. Lobaito said that is correct.
�
Bykowski withdrew the request for the following:
1] Coi�ditional Use Permit for Outside Storage;
2] Variance to Front Yard Setback requirement;
- � � • Page 3
ZBA-Bykowski
4/21/97
3] Va-iance to required landscaping requirements.
�
Chairman Semrow said, "there being nothing further before this Board with regard to the
Petition, t�e 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 Tobeck, seconded by Christensen to recommend to the City Council that
the Petitioner's request for reclassification upon annexation to the City of
McHenry from I-1 County Industrial to I-1 City Industrial Zoning District be
granted; and that Table 33, the Approval Criteria for Zoning Amendments, page
401 of the Zoning Ordinance have been met.
Voting Aye: Christensen, Howell, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Burr, Lovett, McClatchey.
Motion carried 4-0.
`-- ADIOURNMENT
Motion by Christensen, seconded by Tobeck to adjourn this hearing at 8:30 p.m.
Voting Aye: Christensen, Howell, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Burr, Lovett, McClatchey.
Motion carried 4-0.
Chairman Semrow said "there being nothing further before this Board with regard to the
Petition, this hearing is adjourned at 8:30 p.m.
Respectfully submitted,
C "
Harry S row, Chairman
Zoning oard 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-42 5