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Home My WebLink AboutMinutes - 11/4/1996 - Zoning Board of Appeals I ZONING BOARD OF APPEALS NOVEMBER 4, 1996 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) NICKOLS GLAVIANO, OWNER AND ELECTOR ) Z-420 FOR ZONING AND USE VARIANCE ) GLAVIANO PURSUANT TO THE ZONING ORDINANCE ) 414 S RTE 31 OF THE C'ITY OF MCHENRY, MCHENRY ) ZONING/USE VARIANCE 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 November 4, 1996. Chairman Semrow called the hearing to order at 7:32 p.m. The following persons were in attendance: 1 . Zoning Board Members: Thomas Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk. 2. Attorney for Zoning Board: David McArdle. `- 3. Recording Secretary: Kathleen M. Kunzer 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: Nickols Glaviano, 414 S. Route 31, McHenry Illinois 60050. 6. Attorney for Petitioners: Rupp & Youman represented by Guy Youman, P O Box 745, McHenry Illinois 60051. 7. City Council Members: None. 8. Court Reporter: Ginger Gaiser, PO Box 190, Wonder Lake Illinois 60097. 9. Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on October 18, 1996. 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 required by City ordinance. Affidavit of compliance with regard to notification requirements is on file in the office of the City Clerk. � LOCATION OF THE SUBIECT PROPERTY The subject property is located at 414 South Route 31, McHenry, Illinois, 60050 and is currently zoned B3V according to the McHenry County Zoning Ordinance. ' � . Page 2 � ZBA-Glaviano/Swierk 11/4/96 SUMMARY `- The Petitioner is requesting that the subject property be reclassified from B3V pursuant to the McHenry County Zoning Ordinance to C-5 Highway Commercial Zoning District pursuant to the City of McHenry Zoning Ordinance upon annexation to the City. Further, the Petitioner is requesting that a Use Variance be granted to allow for the operation of a cabinet manufacturing and millwork business on the premises. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) Nickols Glaviano, 414 S Route 31, McHenry Illinois 60050. 2) Rosemary Swierk, contract purchaser, 4917 W Glenbrook Trail, McHenry Illinois 60050. 3) John Swierk, architect with Direct Design Ltd, 3922 W Main St, McHenry Illinois 60050. Chairman Semrow noted that John Swierk has been excused from hearing this matter, due to the fact that he has personal as well as professional interest in the outcome of the proceedings. Youman stated that the Petition wished to have the subject property reclassified from B3V in the County to C-5 in the City upon annexation of the property into the City. The Petitioner is seeking a Use Variance to allow for the continuation of the existing millwork and cabinet manufacturing business on this site. It is the intent of the Petitioner to renovate the facade of �- the building and to use the front one/third of the building as professional offices, including the architectural office of Direct Design Ltd. Youman said it would appear to be in the best interest of the city to reclassify this property to commercial with the use variance for the manufacturing business. The cabinet manufacturing/millwork business is a permitted use in the industrial district. Youman said it would seem to make sense to zone the property commercial rather than industrial. Professional offices are not permitted in the B3 District in the county. The variance was granted years ago to allow a residential dwelling unit on the second floor of the building on this site. However, the dwelling unit was never erected. QUESTIONS BY MEMBERS OF THE BOARD Christensen asked if a dust collector is used in the cabinet manufacturing business. Glaviano said it is used. Dust particles are hauled away by waste collectors. Christensen asked how the property is contiguous to the city. Lobaito stated that the property is contiguous to city boundary on the east and west. However, to the north and south is county jurisdiction. Christensen asked about the steps necessary to annex this property to the city. Lobaito said the next step would be to present a Petition to Annex this property before the City Council. Semrow asked when this would be done. Youman stated that the Petition to Annexation would be filed with the City on 11/5/96. Semrow asked how long Glaviano expected to continue the cabinet manufacturing business. Glaviano said he is not sure how long he would stay in business. McArdle asked how much space the manufacturing uses in the building. Glaviano said the building is approximately `- 15,000 square feet in size. The cabinet manufacturing takes up about 5,000-6,000 square feet. Semrow asked how much of the building is not being used at the present time. Glaviano said he uses about 5,400 square feet for storage of materials to be used in the manufacturing business. The remaining 4,000-5,000 square feet is vacant. The front of the building would � . Page 3 ZBA-Glaviano/Swierk 11/4/96 house the architectural firm, in the 4,000-5,000 square foot area. � McArdle asked if the Petitioner would be willing to limit the Use Variance in some way so that no additional business could begin operation under the provisions of this Use Variance. Discussion followed regarding the different ways that the use variance could be limited to the proposed use. Lovett asked if the gravel parking areas shown on the Plat of Survey would be paved. Swierk said he intends to pave the lot before the asphalt plants close this fall. Lovett asked about the metal shed shown on the Plat. Swierk said the shed would be removed. Tobeck asked if Swierk would prepare a landscape plan. Swierk stated that he planned to landscape beyond the requirements of the ordinance. CLOSING STATEMENT BY PETITIONER Youman said that the proposed reclassification is in compliance with the Comprehensive Plan of the City which indicated commercial use for the area along Route 31 . The existing cabinet manufacturing business requires that the City grant a use variance to allow for this use to continue. Chairman Semrow said, "there being nothing further before this Board with regard to the Petition, the Board will consider the Petition at this time unless there is a motion to recess by a member of the Board. 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 Petitioner's request for reclassification from B3V pursuant to the McHenry County Zoning Ordinance to C-5 Highway Commercial Zoning District pursuant to the City of McHenry Zoning Ordinance upon annexation to the City of McHenry be granted; that the Petitioners request for a Use Variance to allow cabinet manufacturing and millwork on the premises be granted; that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance have been met; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, have been met. Motion to amend the Motion by Semrow, seconded by McClatchey to limit the Use Variance to the existing cabinet manufacturing/millwork business, pursuant to the Zoning Ordinance provisions with regard to the continuous operation of a Use Variance. Voting on the amendment to the Motion: `.. ' ' ' . Page 4 ZBA-Glav ano/Swierk 11/4/96 Voting Aye: Burr, Lovett, McClatchey, Semrow. `- Voting Nay: Christensen, Tobeck. Not Voting: None. Abstaining: None. Absent: Swierk. Motion carried 4-2. . Voting on the Amended Motion which now reads as follows: Motion by Christensen, seconded by Lovett to recommend to the City Council that the Petitioner's request for reclassification from B3V pursuant to the McHenry County Zoning Ordinance to C-5 Highway Commercial Zoning District pursuant to the City of McHenry Zoning Ordinance upon annexation to the City of McHenry be granted; that the Petitioners request for a Use Variance to allow calainet manufacturing and millwork on the premises be granted; that the City Council limit the Use Variance to the existing cabinet manufacturing/millwork business, pursuant to the Zoning Ordinance provisions with regard to the continuous operation of a Use Variance; that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance have been met; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, have been met. � Voting Aye: Burr, Christensen, Lovett, McClatchey, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Swierk. Motion carried 6-0. . ADIOURNMENT Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, this hearing is adjourned at 8:15 p.m." Respectfully submitted, Harry row, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Director of Building & Zoning, 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-420