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Home My WebLink AboutMinutes - 10/7/1996 - Zoning Board of Appeals � ZONING BOARD OF APPEALS OCTOBER 7, 1996 CITY UF MCHENRY `„ IN THE MATTER OF THE APPLICATION ) Z-416 OF JOHN P DODGE, SOLE BENEFICIARY ) pIONEER CENTER OF MCHENRY STATE BANK TRUST NO ) 4031 DAYTON ST 1655, DATED NOVEMBER 10, 1978, ) USE VARIANCE RECORD TITLF. OWNER, AND PIONEER ) CENTER OF MCHENRY COUNTY, AN ) ILLINOIS NOT-FOR-PROFIT ) CORPORATION, CONTRACT PURCHASER � FOR A USE VARIANCE PURSUANT TO ) THE PROVISIONS OF THE ZONING ) ORDINANCE OF THE CITY OF MCHENRY ) MCHENRY COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TU THE CITY COUNCIL, CITY OF MCHENRY, II-LINOIS A hearing on the above-captioned petition was held on October 7, 1996. Chairman Semrow called the hearing to order at 7:30 p.m. The following pei'sons were in attendance: 1. Zoning Board Members: Thomas Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: None. �...., 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. 5. Pedtioners: Pioneer Center of McHenry County, represented by Connee Meschini, Executive Director, 4001 Dayton Street, McHenry Illinois 60050. 6. Attomey for the Petitioner: Militello Zanck and Coen, represented by Mark Saladin, 40 Brink Street, Crystal Lake Illinois 60014. 7. City Council Members: None. �.- 8. Court Reporter: None. 9. Registered Observers: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on September 17, 1996. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. � Notices were sent to all abutting properties via certified mailing. Return receipt cards have been submitted to the Office of the City Clerk and are on file with regard to this matter. An affidavit of service is on file in the office of the City Clerk. �'age 2 ZBA-Pioneer Ctr 10/7/96 `....,,, LOCATION The subject property is located at 4031 Dayton Street in the Tonyan Industrial Park immediately west of the Administrative Offices for Pioneer Center of McHenry County. �UMMARY The subject property is currently zoned I1 Industrial. The Petitioners are requesting the granting of a Use Variance to permit the operation of the subject premises as an Early Intervention Center for developmentally disabled children which would include outpatient therapy, family group therapy and professional offices. TESTIMONY Chairman Semrow swore in the following wimesses for the Petitioners: 1.] Connee Meschini, 4001 Dayton Street McHenry Illinois 60050. 2.] Thomas Hopkins, Architect, 4500 Prime Parkway, Suite 104, McHenry Illinois 60050. Saladin stated that the property is under contract to be purchased from 7ohn Dodge, sole beneficiary of McHenry State Bank Trust No. 1655 Pending the approval of the Use Variance request before this Board. The proposed use for the property would be an Early Intervention Center for developmentally disabled children. The age of the clients would be from 0 (birth)to three years of age, or until the child is ready to enter the local school system. This is not a permitted used in the Industrial Zoning District. For this reason, the Pedtioners are seeking a Use Variance from the city. �—�- Meschini said the Early Intervention Center provides therapy for developmentally disabled children. approximately 50% of the therapy is done on site; approximately SO% of the therapy is done in the home. Each therapy session lasts approximately one hour. There wauld be a maximum of 30 staff members working from this site, although they would not all be present at the same time. Typical hours of operation are 8 am to 6 pm, Monday through Saturday. The Center serves about 350 children per year. Meschini said this would not be a day care type of use; there would be no day care provided on site. The building size is 8,000 square feet which should meet the needs of Pioneer Center for this use at this time. There is a fenced in area on the south side of the building. This area would remain fenced and be seed with grass. This azea could be used for outside therapy with the clients. QUESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD Lovett expressed concern regazding the safety of the children m the mdustrial park environment. � Meschini said that many clients would actually be carried into the facility by a family member as they are developmentally disabled. In any event, all clients would be accompanied by family members; children would not be dropped off to go into the Center on their own. Semrow asked if the Petitioners would be willing to limit the Use Variance to therapy for clients between the ages of Birth to three. Meschini said that the Center would provide service to clients until the state takes over, which is usually when they are four years of age. The Petition was amended on its face to reflect that the clients would range in age from 0 to 4, and that all professional offices on the `' premises would be "related". Meschini said that the parents are in training. They are learning how to help their child with therapy in the home. � - �age 3 ZBA-Pioneer Ctr 10/7/96 vett asked the raao of counselor to child. Meschini said that� n° att nd oup counseling/support Lo �,,,� to 1. There is a1s�� group respite care which enables the parents to sessions. During those times, the ratio of counselor per child would not exceed 1 to 4. sessions are held in the evening. Meschini said that for the most part Christensen asked if most gro�e ��me; Saturday sessions are available. sessions are conducted during Semrow asked the use of the facility located at 4001 Dayton o�'�oneer�Center are docaated on this sit� the subject properry. Meschim said the administrab.ve offices There is also a rehabilitation center for those clients who are 18 years of age and older. re ared b Thomas Hopkins, was Presented to the Board. The A revised Site Plan dated 10-4-96, p p Y revised Site Plan addressed staff concerns and reflects changes rec Sm�en�eb��o Sked that the if the entry drive was adequate. L o bai t o s a i d a 2 0 f o o��o�e�' t of the s ubject premises, as we ll as Petitioners lan dscape an d s c reen the joint parking rovide landscape to the subject property as required by ordinance. Hopkins sai d t ha t wou l d b e done P according to staff request. Saladin said that a Parking Cross Easement Agreement will be drawn up and executed prior to this matter being presented to the City Council for action. Saladin went over the Approval Criteria for Use Variances as stated ina�a�V°ecommendadon to the that the Board consider t h is reques t f o r U s e V a r i a n c e a n d m a k e a n �-�. City Council. Chairman Semrow said, "there being no further testimony before this Board with regard to this Petition, the Board will consider this matter 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." DELIBERATIOh t�i`D RF('OMMENDATION Motion by McClatchey, seconded by Swierx to rec,ommend to the City Council that the Petitioners' request for a Use Variance to allo b��e ages of 0 anld 4,tincluding Center for the developmentally disabled children outpatient therapy, family group therapy and related professional offices on the subject property be granted; that the following conditions be met by the Petitioners: 1. Property be developed according to the Site Plan prepared by Thomas � Hopkins Architect with a revision date of 10/4/96; 2. Landscape be subject to staff approval; 3. Outside therapy area remain fenced-in at all times; 4. There shall be no day caz'e on the premises; 5. Cross Easement Parking Agreement shall be drafted and executed prior to City Council action regarding this matter; a e 379 of the Zoning Ordinance and that Table 32A, the Approval Criteria for Use Variance, p g has been met. � Page 4 ' � 'ZBA-Pioneer Ctr 10/7196 Voting Aye: Burr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. `--- Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. ADJOURNMENT Motion by Christensen, seconded by Swierk to adjourn this hearing. Voting Aye: Burr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. This hearing was adjourned at 8:20 p.m. Respectfully sub 'tted Harry mrow, Chairman �''�' Zoning Board of Appeals c: Agenda,Zoaing Board of Appeats('n,Plan Commissioa('n,City Administrator,Public Works Adminisastion (4),Petitionets,Aldermen Reference CoQy, Building&Zoning File,Landmark Commission Chairman,Northwest Herald,McHenry Shar News,City Clerk File. Z-4I6 � �� ZONING BOARD OF APPEALS � OCTOBER 7, 1996 CITY UF MCHENRY IN THE MATTER OF THE APPLICATION ) �`" OF JOHN P DODGE, SOLE BENEFICIARY ) Z-416 OF MCHENRY STATE BANK TRUST NO ) PIONEER CENTER 1655, DATED NOVEM�ER 10, 1978, ) 4031 DAYTON ST RECORD TITLE OWNER, AND PIONEER ) USE VAIrIANCE CENTER OF MCHENRY COUNTY, AN ) ILLINOIS NOT-FOR-PROFIT ) COR.PORATION, CONTRACT PIJRCHASER ) FOR A USE VARIANCE PURSUANT TO ) THE PROVISIONS OF THE ZONING ) ORDINANCE OF THE CITY OF MCHENRY ) MCHENRY COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCiL, CITY OF MCHENRY, ILLINOIS A hearing on the above-capdoned petition was held on October 7, 1996. Chairman Semrow called the hearing to order at 7:30 p.m. The following persons were in attendance: 1. Zoning Board Members: Thomas Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: None. " 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioners: Pioneer Center of McHenry County, represented by Connee Meschini, Executive Director, 4001 Dayton Street, McHenry Illinois 60050. 6. Attomey for the Petitioner: Militello Zanck and Coen, represented by Mark Saladin, 40 Brink Street, Crystal Lake Illinois 60014. 7. City Council Members: None. �— 8. Court Reporter: None. 9. Registered Observers: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on Septembex 17, 1996. The Publisher's Certificate of Publicadon is on file in the office of the City Clerk with regard to this matter. � Notices were sent to all abutting properties via certified mailing. Return receipt cards have been submitted to the Office of the City Clerk and are on file with regazd to this matter. An affidavit of service is on file in the office of the City Clerk. • �age 2 ' ZBA-Pioneer Ctr 10/7/96 LOCATIUN �-- The subject property is located at 4031 Dayton Street in the Tonyan Industrial Park immediately west of the Administrative Offices for Pioneer Center of McHenry County. SUMMARY The subject property is currently zoned Il Industrial. The Petitioners are requesting the granting of a Use Variance to permit the operation of the subject premises as an Early Intervention Center for developmentally disabled children which would include outpatient therapy, family group therapy and professional offices. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: 1.] Connee Meschini, 4001 Dayton Street McHenry Illinois 60050. 2.] Thomas Hapkins, Architect, 4500 Prime Parkway, Suite 104, McHenry Illinois 60050. Saladin stated that the property is under contract to be purchased from John Dodge, sole beneficiary of McHenry State Bank Trust No. 1655 Pending the approval of the Use Variance request before this Board. The proposed use for the property would be an Early Intervention Center for developmentally disabled children. The age of the clients would be from 0 (birth) to three years of age, or until the child is ready to enter the lacal school system. This is not a permitted used in the Industrial Zoniung District. For this reason, the Petitioners are seeking a Use Variance from the city. Meschini said the Early Intervention Center provides therapy for developmentally disabled children. ��-' appro�mately 50% of the therapy is done on site; approximately 50% of the therapy is done in the home. Each therapy session lasts approximately one hour. There would be a maximum of 30 staff members working from this site, although they would not all be present at the same dme. Typical hours of operation are 8 am to 6 pm, Monday through Saturday. The Center serves about 350 children per year. Meschini said this would not be a day care type of use; there would be no day care provided on site. The building size is 8,000 square feet which should meet the needs of Pioneer Center for this use at this time. There is a fenced in area on the south side of the building. This area would remain fenced and be seed with grass. This area could be used for outside therapy with the clients. QUESTIONS OF THE PETITIONERS BY MEMBERS OF THE B�ARD Lovett expressed concern regarding the safety of the children in the industrial park environment. Meschini said that many clients would actually be carried into the facility by a family member as they �-- are developmentally disabled. In any event, all clients would be accompanied by family members; children would not be dropped off to go into the Center on their own. Semrow asked if the Petitioners would be willing to limit the Use Variance to therapy for clients between the ages of Birth to three. Meschini said that the Center would provide service to clients until the state takes over, which is usually when they are four years of age. The Petition was amended on its face to reflect that the clients would range in age from 0 to 4, and that all professional offices on the premises would be "related". Meschini said that the parents are in training. They are leaming how to �'' help their child with therapy in the home. Page 3 � - �BA-Pioneer Ctr ' 10/7/96 Lovett asked the ratio of counselor to child. Meschini said that in most instances the ratio would be 1 to 1. There is al��o group respite care which enables the parents to attend group counseling/support ��-- sessions. During those times, the ratio of counselor per child would not exceed 1 to 4. Christensen asked if most group sessions are held in the evening. Meschini said that for the most part sessions are conducted during the daytime; Saturday sessions are available. Semrow asked the use of the facility located at 4001 Dayton Street, which is immediately adjacent to the subject property. Meschini said the administrative offices for Fioneer Center are located on this site. There is also a rehabilitation center for those clients who are 18 years of age and older, A revised Site Plan dated 10-4-96, prepared by Thomas Hopkins, was presented to the Board. The revised Site Plan addressed staff concerns and reflects changes recommended by staff. Swierk asked if the entry drive was adequate. Lobaito said a 20 foot access drive is adequate. Lobaito asked that the Petitioners landscape and screen the joint parking lot to the east of the subject premises, as well as provide landscape to the subject property as required by ordinance. Hopkins said that would be done according to staff request. Saladin said that a Parking Cross Easement Agreement will be drawn up and executed prior to this matter being presented to the City Council for action. Saladin went over the Approval Criteria for Use Variances as stated in the Petition. In closing, he asked that the Board consider this request for Use Variance and rnake an affirmative recommendation to the City Council. `.,.. Chairman Semrow said, "there being no further tesdmony before this Board with regard to this Petidon, the Board will consider this matter 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 modon with regard to the Petition." DELIBERATION AND RFCOMMENDATION Motion by McClatchey, seconded by Swierk to recommend to the City Council that the Petitioners' request for a Use Variance to allow the operadan of an Early Intervention Center for the developmentally disabled children between the ages of 0 and 4, including outpadent therapy, family group therapy and related professional offices on the subject property be granted; that the following conditions be met by the Petidoners: 1. Property be developed according to the Site Plan prepared by Thomas Hopkins Architect with a revision date of 10/4/96; �..� 2. Landscape be subject to staff approval; 3. Outside therapy area remain fenced-in at all times; 4. There shall be no day care on the premises; 5. Cross Easement Parking Agreement shall be drafted and executed prior to City Council action regarding this matter; and that Table 32A, the Approval Criteria for Use Variance, page 379 of the Zoning Ordinance has been met. �.. Page 4 ` � �?gA-Pioneer Ctr • 10/7/94 Voting Aye: Bwr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. �.-- Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. ADJOURNMENT Motion by Christensen, seconded by Swierk to adjourn this hearing. Voting Aye: Bwr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Modon carried 7-0. This hearing was adjoumed at 8:20 p.m. Respectfully sub 'tted Harry mrow, Chairman �,-' Zoning Board of Appeals c: Agenda,Zoning Board of Appeais(7),Plan Commission(7),City Administramr,Public Worl�AdminisCation (4),Petitioners,Aldermen Rehrence Copy, Building&Zoning PIle,L.andmark Commission Chairman,NoAhwest Herald,McHenry Staz News,City Cleric File. Z�16 `r ��