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HomeMy WebLinkAboutMinutes - 3/24/1997 - Zoning Board of Appeals \� . ' . ZONING BOARD OF APPEALS MARCH 24, 1997 GTY OF MCHENRY L IN THE ��ATTER OF THE APPLICATION OF ) JOHN H. DUFF AND THE CITY OF MCHENRY ) FOR ZO��ING AND CONDITIONAL USE UPON ) Z-423(1) ANNEXATION TO THE CITY OF MCHENRY, ) Duff PURSUANT TO THE ZONING ORDINANCE OF ) 3400 N Richmond Rd THE CIT�' 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. Vice Chairman Tobeck called the hearing to order at 7:34 p.m. The following persons were in attendance: 1 . Zoning Board Members: Thomas Burr, Chuck Lovett, Frank McClatchey, Donna Tobeck. Absent: Randy Christensen, John Howell, Harry Semrow. 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: John Duff, 3400 North Richmond Road, McHenry, Illinois 60050. 7. Attorney for Petitioners: Tim Dwyer, representing City of McHenry (Zukowski, Rogers, Flood, and McArdle, 50 North Virginia Street, Crystal Lake, IL 60014). 8. City Council Members: Alderman Greg Bates. 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 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-Duff 3/24/9 7 �"' LOCATIUN OF THE SUBIECT PROPERTY The subject property is located at 3400 North Richmond Road, McHenry, Illinois, 60050 and is currently zoned 62 Zoning District, pursuant to the McHenry County Zoning Ordinance. SUMMARY The Petitioners are requesting that the subject be reclassified from B2 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) Indoor amusement establishment 2) Restaurant serving alcoholic beverages, and having live entertainment and dancing. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: 1) Jof�n A. Lobaito, Director of Building & Zoning for the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 2) John Duff, 3400 North Richmond Road, McHenry, Illinois 60050. Lobaito briefed the Board as to the background of the Petitions before the Board this evening. The City has been contacted by each of the Petitioners who seek to be annexed into the City of McHenry when their respective property becomes contiguous to the City. In preparation � for the a�nnexation, this zoning hearing is taking place, to allow for continuation of current uses on each of these properties which are before the Board this evening. The requested zoning reclassification and conditional use permits would then be granted upon annexation to the City of McHenry. Lobaito said the subject property located at 3400 North Richmond Road is being used as a bowling alley, Palace Bowl, and a restaurant which serves alcoholic beverages and has live entertainment and dancing. Lobaito said the current zoning on this property is B2 in the county. The current uses require that a Conditional Use Permit be granted in order that all present uses would be allowed to continue under the City of McHenry Zoning Ordinance. Dwyer asked Lobaito to affirm the Approval Criteria for Zoning and the Approval Criteria for Conditional Uses as stated in the Petition. Lobaito noted that if the reclassification and conditional use permit were granted, it would benefit the public interests as this property would generate sales tax and property tax revenues for the City of McHenry. The revenues are currently being paid to the County. Duff said he has been operating the bowling alley and restaurant for approximately five years. In response to Dwyer's question about live entertainment, Duff said he hires a band from time to time. QUESTIONS BY MEMBERS OF THE BOARD � Lovett asked if the property has a special use or conditional use under the county zoning ordinance. Lobaito said it does not. Lovett asked if the current uses on this property are permitted in the B2 zoning district. Lobaito said that is correct. Page 3 ZBA-Duff 3/24/9 7 `'"� Tobeck a�ked if the Petitioner rented out a portion of the facility as a banquet hall. Duff said he does r�ot. Tobeck asked the hours of operation. Duff said he is open from 9 a.m. until 1 a.m. on Sunday through Thursday; 9 a.m. until 2 a.m. on Friday and Saturday. He stated that he has a "AA" liquor license in the county which allows Sunday morning sale of alcoholic beverages. Lobaito said this would be addressed by the Liquor Commission prior to issuance of City Liquor License. Vice Chairman Tobeck 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. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by McClatchey, seconded by Lovett to recommend to the City Council that the Petitioner's request for reclassification from B2 McHenry County to C5 Highway Commercial Zoning District under the City of McHenry Zoning Ordinance be granted; that a Conditional Use Permit to allow: 1. Indoor amusement establishment; 2. Restaurant service alcoholic beverages and having live entertainment and dancing; be granted; and that Table 33, the Approval Criteria for Zoning Amendments, page 401 � of the Zoning Ordinance, have been met; and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, have been met. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. ADIOURNMENT Motion by Lovett, seconded by McClatchey to adjourn this hearing at 8:50 p.m. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. Vice Chairman Tobeck said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 8:50 p.m. Respectfully submitted, � :L i�`1Z1�e'����t� Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agen�a,Zoning Board of Appeals Members(7),Plan Commission Members(7),City Administrator, Director of Building&Zoning,Planner,PW Administration(4),City Engineers,Aldermen Reference Copy,Petitioner,B&Z Zoning File,Landmark Commission Chairman,Northwest Herald, Star PJewspaper, City Clerk File Copy. Z-423(1) � ZON I NG BOARD OF APPEALS MARCH 24, 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) ANNEXA��ION 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. Vice Chairman Tobeck called the hearing to order at 7:34 p.m. The following persons were in attendance: 1. Zoning Board Members: Thomas Burr, Chuck Lovett, Frank McClatchey, Donna Tobeck. Absent: Randy Christensen, John Howell, Harry Semrow. 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). 8. City Council Members: Alderman Greg Bates. 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 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-Evans 3/24/97 �'" LOCATION OF THE SUBIECT PROPERTY The subject property is located at 3420 North Richmond Road, McHenry, Illinois, 60050 and is currenty zoned B3 Zoning District, pursuant to the McHenry County Zoning Ordinance. SUMMARY The Petitaoners 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 Vice Chairman Tobeck swore in the following witnesses for the Petitioners: 1) John A. Lobaito, Director of Building & Zoning for the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. Lobaito briefed the Board as to the background of the Petitions before the Board this evening. The City has been contacted by each of the Petitioners who seek to be annexed into the City of McHenry when their respective property becomes contiguous to the City. In preparation for the annexation, this zoning hearing is taking place, to allow for continuation of current uses on each of these properties which are before the Board this evening. The requested zoning �' reclassification and conditional use permits would then be granted upon annexation to the City of McHenry. Lobaito said the Petitioner was not present at the hearing and the City was requesting that the Chairman continue this hearing to April 21, 1997 at 7:30 p.m. at which time the Petitioner would be present. Vice Chairman Tobeck asked for a motion to recess the hearing. ADIOURNMENT Motion by Burr, seconded by Lovett to recess this hearing to Monday, April 21, 1997 at 7:30 p.m. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. This hearing was recessed at 8:50 p.m. Respectfully submitted, � ,��1�?ZCG o�J�-G��� Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agen�a,Zoning Board of Appeals Members p),Plan Commission Members p),City Administrator,Director of Building&Zoning,Planner,PW Administration(4),City Engineers,Alderme�Reference Copy,Petitioner,8&Z Zoning File,Landmark Commission Chairman,Northwest Herald, Star�Jewspaper, City Clerk File Copy. Z-423�2� - ZONING BOARD OF APPEALS � MARCH 24, 1997 CITY OF MCHENRY `�. IN THE ti1ATTER OF THE APPLICATION OF ) LAWREN��E D. AND CECILIA J. BRUSSO ) AND THE: CITY OF MCHENRY ) FOR ZONING AND CONDITIONAL USE UPON ) Z-423(3) ANNEXA-�ION TO THE CITY OF MCHENRY, ) Brusso PURSUANT TO THE ZONING ORDINANCE OF ) 3314 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. Vice Chairman Tobeck called the hearing to order at 7:34 p.m. The following persons were in attendance: 1. Zoning Board Members: Thomas Burr, Chuck Lovett, Frank McClatchey, Donna Tobeck. Absent: Randy Christensen, John Howell, Harry Semrow. � 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: Lawrence D. Brusso, 3314 North Richmond Road, McHenry, Illinois 60050. 7. Attorney for Petitioners: Tim Dwyer, representing City of McHenry (Zukowski, Rogers, Flood, and McArdle, 50 North Virginia Street, Crystal Lake, IL 60014). 8. City Council Members: Alderman Greg Bates. 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 mailed to all abutting property owners. Affidavit of compliance with regard to notification requirements is on file in the office of the City Clerk. r � Page 2 � ZBA-Brusso 3/24/97 �"" LOCATION OF THE SUBIECT PROPERTY The subject property is located at 3314 North Richmond Road, McHenry, Illinois, 60050 and is currently zoned B1 Zoning District, pursuant to the McHenry County Zoning Ordinance. SUMMARY The Petitioners are requesting that the subject be reclassified from B1 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. �) Mini-Warehouse Storage Facility 4) Outdoor Storage. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: 1) John A. Lobaito, Director of Building & Zoning for the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 2) Lawrence D. Brusso, 3314 North Richmond Road, McHenry, Illinois 60050. Lobaito briefed the Board as to the background of the Petitions before the Board this evening. The City has been contacted by each of the Petitioners who seek to be annexed into the City � of McHenry when their respective property becomes contiguous to the City. In preparation for the annexation, this zoning hearing is taking place, to allow for continuation of current uses on each of these properties which are before the Board this evening. The requested zoning reclassification and conditional use permits would then be granted upon annexation to the City of McHenry. Lobaito said the subject property located at 3314 North Richmond Road is being used as a Westshore Marine, a storage and repair facility for boats and marine equipment. Lobaito said the current zoning on this property is B1 in the county. The current uses require that a Conditional Use Permit be granted in order that all present uses would be allowed to continue under the City of McHenry Zoning Ordinance. Dwyer asked Lobaito to affirm the Approval Criteria for Zoning and the Approval Criteria for Conditional Uses as stated in the Petition. Lobaito noted that if the reclassification and conditional use permit were granted, it would benefit the public interests as this property would generate sales tax and property tax revenues for the City of McHenry. The revenues are currently being paid to the County. Brusso said he has been at this location for 12 years. He provides sales, service and storage of vehicles, primarily boats and marine equipment. He has the capacity for 17,000 square feet of inside storage. The bulk of his 4 acre site is used for outside storage of boats and related equipment. �"� QUESTIONS BY MEMBERS OF THE BOARD Lovett asked if the subject property is comprised of two parcels. Brusso said that is correct. Lovett asked if when the subject property is annexed into the City, would the Petitioner be required t�� have two hook-ups to city sewer when it becomes available. Lobaito said that it . , � Page 3 • ZBA-Brusso 3/24/97 �'' might be possible, but that will be determined at the time of installation of the sewer system to this area. Lovett asked if the Petitioner performs motor vehicle repair on solely boats. Brusso said he is a mechanic by trade. He works on whatever vehicles are brought to him for repair. He indicated that he primarily works on marine vehicles. Lovett asked if the mini-warehouse is a permanent or temporary structure. Brusso said it is a permanent structure. Lobaito explained that by definition a mini-warehouse is a building which is portioned off and rented out for storage to others. McClatchey asked if the Petitioner is operating his business as stated in the Petition. Brusso said that is correct. Lovett asked where the outside storage is contained on the premises. Brusso said the outside storage is on the southern portion of the property. It is wholly contained within a fenced-in area. Brusso said there is no outside storage of vehicles or equipment outside of the fenced-in area. Vice Chairman Tobeck 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. 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 Burr to recommend to the City Council that the Petitioner's request for reclassification from B1 McHenry County to C5 Highway Commercial Zoning District under the City of McHenry Zoning Ordinance be granted; that a Conditional Use Permit to allow: 1 . Motor Vehicle Repair Shop; 2. Open Sales Lot; 3. Mini-Warehouse Storage Facility; 4. Outdoor Storage which shall be contained within existing fenced-in area; be granted; and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, have been met; and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, have been met. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. � .. • r � ` Page 4 � ZBA-Brusso 3/24/97 �"" AD OURNMENT Motion by Lovett, seconded by McClatchey to adjourn this hearing at 8:50 p.m. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. Vice Chairman Tobeck said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 8:50 p.m. Respectfully submitted, M��0129Z 6v���:�2.�� Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agenda,Zoning Board of Appeals Members(7),Plan Commission Members(7),City Administrator,Director of Building&Zoning,Planner,PW Administration(4),City Engineers,Aldermen Reference Copy,Petitioner,B&Z Zoning File,Landmark Commission Chairman,Northwest Herald, Star Newspaper, City Clerk File Copy. Z-423(3) � �► . ZONING BOARD OF APPEALS MARCH 24, 1997 GTY OF MCHENRY � IN THE h1ATTER OF THE APPLICATION OF ) MCHENRY STATE BANK TRUST NO 3927 ) AND TH1= CITY OF MCHENRY ) FOR ZONING AND CONDITIONAL USE UPON ) Z-423(4) ANNEXATION TO THE CITY OF MCHENRY, ) Lundy/Miller PURSUANT TO THE ZONING ORDINANCE OF ) 3401 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. Vice Chairman Tobeck called the hearing to order at 7:34 p.m. The following persons were in attendance: 1. Zoning Board Members: Thomas Burr, Chuck Lovett, Frank McClatchey, Donna Tobeck. Absent: Randy Christensen, John Howell, Harry Semrow. 2. Attorney for Zoning Board: Tim Dwyer. � 3. Recording Secretary: Kathleen M. Kunzer 4. Director of Building & Zoning: )ohn A. Lobaito. 5. City Planner: Phillip Maggio. 6. Petitioner: Craig Miller, 3401 North Richmond Road, McHenry, Illinois 60050. 7. Attorney for Petitioners: Tim Dwyer, representing City of McHenry (Zukowski, Rogers, Flood, and McArdle, 50 North Virginia Street, Crystal Lake, IL 60014). 8. City Council Members: Alderman Greg Bates. 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 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-Luncly/Miller 3/24/97 `-- LOCATION OF THE SUBIECT PROPERTY The subject property is located at 3401 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 requesting that a Conditional Use Permit be granted to permit the following: 1) Outside storage of excavating equipment and vehicles; 2) Bulk storage of sand and gravel for resale; 3) Outside storage of landscaping products and materials for resale. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: 1) )ohn A. Lobaito, Director of Building & Zoning for the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 2) Craig Miller, 3401, 3314 North Richmond Road, McHenry, Illinois 60050. Lobaito briefed the Board as to the background of the Petitions before the Board this evening. The City has been contacted by each of the Petitioners who seek to be annexed into the City of McHenry when their respective property becomes contiguous to the City. In preparation for the annexation, this zoning hearing is taking place, to allow for continuation of current uses � on each of these properties which are before the Board this evening. The requested zoning reclassification and conditional use permits would then be granted upon annexation to the City of McHenry. Lobaito said the subject property located at 3401 North Richmond Road is being used as a Lundy & Miller Excavating Company. Lobaito said the current zoning on this property is B3 in the county. The current uses require that a Conditional Use Permit be granted in order that all present uses would be allowed to continue under the City of McHenry Zoning Ordinance. Dwyer asked Lobaito to affirm the Approval Criteria for Zoning and the Approval Criteria for Conditional Uses as stated in the Petition. Lobaito noted that if the reclassification and conditional use permit were granted, it would benefit the public interests as this property would generate sales tax and property tax revenues for the City of McHenry. The revenues are currently being paid to the County. Miller said that the excavating company is a four-man operation. He said he would agree to a greater setback for the bulk storage of sand and gravel than what is in existence at this time. He stated that presently the gravel pile is very close to the road. He said he would be willing to relocate this pile behind the first building which would be about 220-230 feet from the road. QUESTIONS BY MEMBERS OF THE BOARD � Tobeck asked who purchases the gravel from the company. Miller said it is sold for and used at new jok� sites. Miller said that usually when a job requires gravel, only 5% is taken from his yard. Most gravel is obtained from the gravel pit. Tobeck said she would prefer to see the bulk stora;e shielded or screened from view. Miller stated he would be willing to cut the . � Page 3 ZBA-Luncly/Miller 3/24/97 `- volume c�f on-site storage in half. Lovett asked if there are currently two temporary construction trailers on the site. Mlller said there are two permanent buildings, one at 5,000 square feet, the other at 4,000 square feet. There is also a construction trailer which is moved from one job site to another. Lovett asked if the Petitioner stores trucks and equipment outside. Miller said that is correct. He stores trucks and caterpillars outside. Burr asked the distance from the rear property line of the second building. Miller said it is approximately 20 feet from the rear property line. McClatchey asked if there were city restrictions with regard to bulk storage. Lobaito said it would require screening. Dwyer asked how many vehicles were usually stored outside on the premises. Miller said there are usually 7 or 8 caterpillars and 6 trucks. Dwyer asked if these vehicles could be parked behind the building or otherwise screened from public view. Miller said he would be willing to screen the vehicles from view. He said he would be willing to put up a fence to help with the screening. Miller indicated he would be able to cut back as much as 805 of his bulk storage and would be agreeable to limit the maximum height to 12 feet. Lovett asked what is inside of the buildings. Miller said he uses the first building for storage `-- of things other than landscaping equipment and construction vehicles Landscape equipment, lawn mowers and hand tools are in the second building. Vice Chairman Tobeck 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. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by McClatchey, seconded by Lovett to recommend to the City Council that the Petitioner's request for reclassification from B3 McHenry County to C5 Highway Commercial Zoning District under the City of McHenry Zoning Ordinance be granted; that a Conditional Use Permit to allow: 1. Outside storage of excavating equipment and vehicles; 2. Bulk storage of sand and gravel for resale; 3. Outside storage of landscaping products and materials for resale; be granted; and that the Petitioner be required to: 1 . relocate bulk storage piles to an area at least 225 feet from paved roadway; 2. shield or screen bulk storage piles from view; 3. screen construction and landscape vehicles stored outside of buildings from view with fencing and/or landscaping materials; 4. reduce bulk storage by 80% with a maximum height of 12 feet. �-- and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoi�ing Ordinance, have been met; and that Table 31, the Approval Criteria for Coiiditional Uses, pages 357-358 of the Zoning Ordinance, have been met. . ` � Page 4 ZBA-Lunc�y/Miller 3/24/97 �. Voting Ay�e: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. ADIOURNMENT Motion by Lovett, seconded by McClatchey to adjourn this hearing at 8:50 p.m. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. Vice Chairman Tobeck said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 8:50 p.m. � Respectfully submitted, ,�//i.Y1��l.1�-a.�G��C+� Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agenda,Zoning Board ofAppeals Members(7),Plan Commission Members p),City Administrator,Director of Building&Zoning,Planner,PW Administration(4),City Engineers,Aldermen Reference Copy,Petitioner,6&ZZoning File,Landmark Commission Chairman,Northwest Herald, Star Newspaper, City Clerk File Copy. Z-423(4) �� • ZONING BOARD OF APPEALS MARCH 24, 1997 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) MCHENRY STATE BANK TRUST NO 4634 ) AND THE CITY OF MCHENRY ) FOR ZONING UPON ANNEXATION ) Z-423(4a) TO THE C:ITY OF MCHENRY, PURSUANT TO ) Miller THE ZONING ORDINANCE OF THE CITY OF ) 3401 N Richmond Rd MCHENRY, MCHENRY COUNTY, ILLINOIS. ) C5 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. Vice Chairman Tobeck called the hearing to order at 7:34 p.m. The following persons were in attendance: 1 . Zoning Board Members: Thomas Burr, Chuck Lovett, Frank McClatchey, Donna Tobeck. Absent: Randy Christensen, John Howell, Harry Semrow. 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: Craig Miller, 3401 North Richmond Road, McHenry, Illinois 60050. 7. Attorney for Petitioners: Tim Dwyer, representing City of McHenry (Zukowski, Rogers, Flood, and McArdle, 50 North Virginia Street, Crystal Lake, IL 60014). 8. City Council Members: Alderman Greg Bates. 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 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-Mi I ler 3/24/9 7 `-- LOCATION OF THE SUBIECT PROPERTY The subject property is located at 3401 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. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: 1) John A. Lobaito, Director of Building & Zoning for the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 2) Craig Miller, 3401, 3314 North Richmond Road, McHenry, Illinois 60050. Lobaito briefed the Board as to the background of the Petitions before the Board this evening. The City has been contacted by each of the Petitioners who seek to be annexed into the City of McHenry when their respective property becomes contiguous to the City. In preparation for the annexation, this zoning hearing is taking place, to allow for continuation of current uses on each of these properties which are before the Board this evening. The requested zoning reclassification and conditional use permits would then be granted upon annexation to the City of McHenry. � Lobaito said the subject property located at 3401 North Richmond Road is being used as a single family residence. Lobaito said the current zoning on this property is B3 in the county. Dwyer asked Lobaito to affirm the Approval Criteria for Zoning and the Approval Criteria for Conditional Uses as stated in the Petition. Lobaito noted that if the reclassification and conditional use permit were granted, it would benefit the public interests as this property would generate sales tax and property tax revenues for the City of McHenry. The revenues are currently being paid to the County. QUESTIONS BY MEMBERS OF THE BOARD Lovett asked Miller if he lived in the residence on the subject property. Miller said that is correct. Lovett asked if a Use Variance would be required to use this property as a single family residence once the property is reclassified to C5. Lobaito said that a Use Variance would not be required. However, the property would be treated as a pre-existing non- conformity. The Petitioner would not be able to expand the building or improve upon it unless he came before this Board to seek a variance. Vice Chairman Tobeck 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. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." �' - Page 3 ZBA-MillE�r 3/24/97 `— DELIBERATION AND RECOMMENDATION Motion by McClatchey, seconded by Lovett to recommend to the City Council that the Petitioner's request for reclassification from B3 McHenry County to C5 Highway Commercial Zoning District under the City of McHenry Zoning Ordinance be granted; and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, have been met. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. ADIOURNMENT Motion by Lovett, seconded by McClatchey to adjourn this hearing at 8:50 p.m. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. `.. Motion carried 4-0. Vice Chairman Tobeck said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 8:50 p.m. Respectfully submitted, .�c7z>��..��.��. Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agenda,Zoning Board of Appeals Members(7),Plan Commission Members(7),City Administrator,Director of Building&Zoning,Planner,PW Administration(4),City Engineers,Aldermen Reference Copy,Petitioner,6&Z Zoning File,Landmark Commission Chairman,Northwest Herald, Star Newspaper, City Clerk File Copy. Z-423(4a) �..' ~ ZON I NG BOARD OF APPEALS MARCH 24, 1997 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) JOHN MASULUNES AND THE CITY OF ) MCHENRY FOR ZONING AND CONDITIONAL ) USE UPON ANNEXATION TO THE CITY OF ) Z-423(6) MCHENRY, PURSUANT TO THE ZONING ) Masulunes ORDINANCE OF THE CITY OF MCHENRY, ) 3218 N Richmond Rd MCHENRY COUNTY, ILLINOIS. ) C5 w/Cond Use 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. Vice Chairman Tobeck called the hearing to order at 7:34 p.m. The following persons were in attendance: 1. Zoning Board Members: Thomas Burr, Chuck Lovett, Frank McClatchey, Donna Tobeck. Absent: Randy Christensen, John Howell, Harry Semrow. 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: John Masulunes, 3218 North Richmond Road, McHenry, Illinois 60050. 7. Attorney for Petitioners: Tim Dwyer, representing City of McHenry (Zukowski, Rogers, Flood, and McArdle, 50 North Virginia Street, Crystal Lake, IL 60014). 8. City Council Members: Alderman Greg Bates. 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 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-Masu I unes 3/24/97 �-- LOCATION OF THE SUBIECT PROPERTY The subject property is located at 3218 North Richmond Road, McHenry, Illinois, 60050 and is currently zoned B1 Zoning District, pursuant to the McHenry County Zoning Ordinance. SUMMARY The Petitioners are requesting that the subject be reclassified from B1 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) Education institution; 4) Outside storage. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioners: 1) John A. Lobaito, Director of Building & Zoning for the City of McHenry, 333 South Green Street, McHenry, Illinois 60050. 2) John Masulunes, 3218 North Richmond Road, McHenry, Illinois 60050. Lobaito briefed the Board as to the background of the Petitions before the Board this evening. The City has been contacted by each of the Petitioners who seek to be annexed into the City of McHenry when their respective property becomes contiguous to the City. In preparation `- for the annexation, this zoning hearing is taking place, to allow for continuation of current uses on each of these properties which are before the Board this evening. The requested zoning reclassification and conditional use permits would then be granted upon annexation to the City of McHenry. Lobaito said the subject property located at 3218 North Richmond Road is being used as a multi-tenant business facility. The businesses presently located on the premises are: McHenry County Tumbleweeds Performance Unlimited Koch Heating & Air Conditioning McHenry Woodturning Surgeon's Boat Repair Moore Pizza U-Haul Rental. Lobaito said the current zoning on this property is B1 in the county. The current uses require that a Conditional Use Permit be granted in order that all present uses would be allowed to continue under the City of McHenry Zoning Ordinance. Dwyer asked Lobaito to affirm the Approval Criteria for Zoning and the Approval Criteria for Conditional Uses as stated in the Petition. Lobaito noted that if the reclassification and conditional use permit were granted, it would benefit the public interests as this property �- would generate sales tax and property tax revenues for the City of McHenry. The revenues are currently being paid to the County. Page 3 ZBA-Masu I unes 3/24/97 `- Masulunes said he has owned the property for 10 years. He leases the building out to the businesse�y previously mentioned. He owns the Surgeon's Boat Repair business which occupies approxim,�tely 5,000 square feet. The total area of the building is 30,000 square feet. The average hours of operation for all businesses on the premises, except for Moore Pizza, is from 7 am until 8 pm. Moore Pizza's hours of operation are 11 am until 1 am. Masulunes said the outside st��rage and open sales lot are used by Performance Unlimited. QUESTIONS BY MEMBERS OF THE BOARD Lovett said the Petition indicates that there is outside storage of pallets and boats on the property. Lovett asked where the pallets are stored. Masulunes said that was just a temporary storage by the woodturning manufacturer. The storage of pallets could be eliminated. Lovett said that with regard to the fiberglass boat repair, are there chemicals stored on site? Masulunes said there are chemicals stored on the premises, but they are being stored in a separate room, pursuant to OSHA regulations. Burr asked if there are one or two buildings on the site. Masulunes said it is just one building which is U-shaped. Tobeck asked if the Petitioner was intending to conform to the sign ordinance. Masulunes said he would be willing to eliminate all but allowed signage on the premises. Lovett said he would recommend that the request for a conditional use permit to allow an `-- educational institution be eliminated. He said that the athletic training facility would fit in the permitted use listed as item #48 or #27 of use group J. It was the consensus of the Board to eliminate this use from the conditional use permit request. Vice Chairman Tobeck said, "there being nothing further before this Board with regard to the Petition, the Board wil) 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 McClatchey to recommend to the City Council that the Petitioner's request for reclassification from B1 McHenry County to C5 Highway Commercial Zoning District under the City of McHenry Zoning Ordinance be granted; that a Conditional Use Permit to allow: 1. Motor vehicle repair shop; 2. Open sales lot; 3. Outside storage. be granted; but that the Petitioner be required to: 1 . eliminate all but allowed signage on the premises as permitted by the Zoning Ordinance; and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the �` Zoning Ordinance, have been met; and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, have been met. Page 4 ZBA-Masu I unes 3/24/97 � Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. Motion carried 4-0. McClatchey stated that he was happy to see that the City would have some control of the growth to the north of the present City limits when these properties are annexed into the City. This will increase the City's tax base. McClatchey said he welcomed the new businesses into the City. ADIOURNMENT Motion by Lovett, seconded by McClatchey to adjourn this hearing at 8:50 p.m. Voting Aye: Burr, Lovett, McClatchey, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Christensen, Howell, Semrow. � Motion carried 4-0. Vice Chairman Tobeck said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 8:50 p.m. Respectfully submitted, ( �CZIl�-� �.-��c:,�' Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agenda,Zoning Board of Appeals Members(7),Plan Commission Members(7),City Administrator,Director of Building&Zoning,Planner,PW Administration(4),City Engineers,Aldermen Reference Copy,Petitioner,6&Z Zoning File,Landmark Commission Chairman,Northwest Herald, Star Newspaper, City Clerk File Copy. Z-423(6) �.