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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