HomeMy WebLinkAboutMinutes - 11/11/1996 - Zoning Board of Appeals ZONING BOARD OF APPEALS
NOVEMBER 11, 1996
GTY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF )
RICHARD A AN D RITA A ADAMS FOR A MAP ) Z-421
AMEND��ENT AND CONDITIONAL USE PERMIT ) ADAMS
PURSUA�IT TO THE ZONING ORDINANCE OF ) 3007-3009 W RTE 120
THE CIT`' OF MCHENRY, MCHENRY COUNTY, ) C-5 W/COND USE
ILLINOIS. �
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearin; on the above-captioned petition was held on November 11, 1996. Chairman
Semrow called the hearing to order at 7:36 p.m. The following persons were in attendance:
1. Zc�ning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow,John Swierk,
Donna Tobeck. Absent: Thomas Burr, Frank McClatchey.
2. Attorney for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer
�...
4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: Richard A Adams, 1618 W Lincoln Rd, McHenry Illinois 60050.
6. Attorney for Petitioners: None.
7. City Council Members: Mayor Steve Cuda.
8. Court Reporter: None.
9. Objectors: None.
NOTICE OF PUBLICATION
Notice of this hearing was published in the Northwest Herald on October 25, 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 3007-3009 W Route 120, McHenry, Illinois, 60050 and is
currently zoned I-1 Zoning District.
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ZBA- Adains
11/11/96
SUMMARY
�- The Petiti��ner is requesting that the subject property be reclassified from I-1 Industrial to C-5
Highway Commercial Zoning District and that a Conditional Use Permit be granted to allow
an open sales lot and an automobile service and repair facility on the premises.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioner:
1) Richard A Adams, 1618 W Lincoln Rd McHenry Illinois 60050.
Adams stated that the subject property was zoned I-1 upon annexation to the city in August,
1995. HE is requesting that the property be reclassified to C-5 Highway Commercial District
and that a Conditional Use Permit be granted to allow:
1] .�n open sales lots;
2] an automobile service and repair facility.
The land �vas purchased in order to facilitate with the expansion of the adjacent McHenry Jeep
Eagle dealership. The buildings have been demolished following the issuance of a demolition
permit by the City. The well and septic system have been abandoned as required by McHenry
County Health Department.
QUESTIONS BY MEMBERS OF THE BOARD
Semrow asked if the lot would be paved. Adams said that would be up to the McHenry Jeep
Eagle Dealership to blacktop the lot. Lobaito said that the ordinance requires that open sales
�- lots be paved. Semrow asked if the lot would be lighted. Adams said that has not been
discussed, but that he imagined that the lot would be illuminated.
Tobeck asked how the property is being used at the present time. Adams said it is being used
as a parking lot. Tobeck said she is concerned that the property is being used as an open sales
lot prior to this hearing taking place and the request being granted. Lobaito said McHenry Jeep
Eagle has moved cars onto the lot. This is in violation of the ordinance, however, no notice
of violation has been sent. Semrow said that the reason the Petitioner is before this Board is
to seek permission to use this property in this way. Discussion followed regarding the current
use of the property and how the violator could be fined. Swierk asked that the City Council
be made aware of the violation and that Council consider fining the business for this use of
the property prior to zoning being granted.
Swierk asked what would be sold on the open sales lot. Adams said that whatever types of
vehicles are being sold at the existing adjacent business would be sold on the lot. Lobaito said
it would be an open sales lot for automobiles, trucks and utility vehicles. Semrow said the
vehicles sold would be the same as those sold now at the dealership. Adams said he would
prefer not to limit the open sales lot to any specific vehicles or merchandise. Lobaito
suggested that the language limiting the open sales lot could be identical to that which granted
the open sales lot for the McHenry)eep Eagle dealership upon annexation to the city in 1995.
Chairman Semrow asked Lobaito to retrieve the McHenry Jeep Eagle file for reclassification in
order to determine the exact language which was used to limit the open sales lot for that
�-' location in 1995.
Chairman Semrow called for a recess at 7:59 p.m. The hearing reconvened at 8:10 p.m. with
all members of the Board still in attendance.
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ZBA-Adarns
11/11/96
Lobaito s;�id the McHenry Jeep Eagle was granted a conditional use permit to allow an open
`.- sales lot �tnd automobile retail sales lot. There was no limitation to the open sales lot in the
ordinancE� granting the conditional use.
Chairmar� Semrow said, "there being nothing further before this Board with regard to the
Petition, �he 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 regrrd to the Petition."
DELIBERATION AND RECOMMENDATION
Motion k�y Swierk, seconded by Lovett to recommend to the City Council that
the Petitioner's request for reclassification from I-1 Industrial Zoning District to C-5
Highway Commercial Zoning District be granted; that the request for a Conditional Use
Permit to allow:
1] an open sales lots;
2] an automobile service and repair facility
be granted; 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 have been met.
Discussion on the Motion:
Discussion followed regarding the possibility of having two motions, rather than one motion.
It was pointed out that some members of the Board may not be opposed to the down-zoning
� of the property from industrial to commercial; however, they may be opposed to the granting
of the Conditional Use Permit.
McArdle said that if the Conditional Use Permit is granted, it goes with the land, not the
business that occupies it. Christensen said he is opposed to granting a conditional use with
an open sales lot which is unlimited as far as what can be sold from that location. Semrow
said the Petitioner is seeking relief as to the zoning and the conditional use which would both
be needed to conduct the McHenry )eep Eagle business at this location. To separate the
request into two motions does not seem advisable. Adams said he would prefer there be one
motion and not two.
Voting on the Motion:
Voting Aye: Lovett, Semrow, Swierk.
Voting Nay: Christensen, Tobeck.
Not Voting: None.
Abstaining: None.
Absent: Burr, McClatchey.
Motion failed to carry 3-2. Motion requires a minimum of 4 votes to make a recommendation
to the City Council.
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ADIOURNMENT
�— Motion by Lovett, seconded by Christensen to adjourn this hearing at 8:27 p.m.
Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Burr, McClatchey.
Motion carried 5-0.
Chairman Semrow said "there being nothing further before this Board with regard to the
Petition, tl�is hearing is adjourned at 8:27 p.m.
Respectfully submitted,
Harry mrow, 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-421
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