HomeMy WebLinkAboutMinutes - 7/1/1996 - Zoning Board of Appeals ' - ZONING BOARD OF APPEALS
, ' , � JULY 1, 1996
' CITY OF MCHENRY
IN THE MATTER OF THE APPLICATTON )
� OF MCHENRY gTATE BANK, AS ) Z-412
TRUSTEE UND}�R TRUST NO. 3243, FOR ) BJORKMAN'S ACE
A USE VARIANCE, PURSUANT TO THE ) 4520 W CRYSTAL LAKE RD
CITY OF MCHENRY ZONING ORDINANCE)
MCHENRY COiJNTY, ILLINOIS. ) USE VARIANCE
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-capdoned pedtion was held on July 1, 1996. Chairman Semrow called the
hearing to order at 7:34 p.m. The following persons were in attendance:
1. Zoning Board Members: Tom Burr, Randy Christensen, Chuck Lovett (arrived at 7:50 p.m.),
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: Absent.
�. 5. Petitioners: Bjorkman's Ace Hardware represented by Steve and Craig Bjorkman, 4520 West
Crystal Lake Road McHenry Illinois 60050.
6. Attomey for the Petitioner: Diamond LeSuew Roth and Associates represented by Samuel
Diamond, 3431 West Elm Street McHenry Illinois 60050.
7. City Council Members: Mayor Steve Cuda.
8. Court Reporter: None.
9. Registered Observers:
1. Ellen Ester, 4614 W Northfox Lane McHenry Illinois 60050.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on June 12 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 O�ce of the City Clerk and are on file with regard to this matter. The subject property was posted
as required by ordinance.
LOCATION
The subject property is located at 4520 W Crystal Lake Road McHenry IL 60050. It is comprised of
`..- 6.79 acres and is improved with a 30,000 square foot commercial building commonly known as Ace
Hardware.
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SUMMARY
� The subject property is currently zoned C3 Community Commercial Zoning District. The Petitioners
are seeking a use variance to allow the operation of and open sales lot on the subject premises.
TESTIMONY
Chairman Semrovc� swore in the following witnesses for the Petidoners:
1.] Steve Bjork,man, 3324 Golfview Avenue McHenry Illinois 60050.
2.] Craig Bjorkman, 6903 Lexington Trail Crystal Lake Illinois 60012.
Steve Bjorkman testified on behalf of the Petitioners. He noted that Bjorkman's Ace Hardware has been
in existence since 1947 when it was established on Riverside Drive. In 1964 the store was moved to
3729 West Elm Street. In 19$9 the store opened at its present location, 4520 West Crystal Lake Road.
At each of these locations, there has been an outside display of inerchandise from time to time as the
seasons and need ciictated.
Bjorkman said the subject property is zoned C3 Community Commercial District. He advised the Board
of the surrounding zoning classifications and current uses.
The Ace Hardware hours of operation are as follows:
Monday - Friday 7 am - 8 pm
Saturday 8 am - 6 pm
Sunday 8 am - 5 pm.
� Attomey Diamond stated that the reason the petitioners are before this Board is due to the ordinance
restriction of open sales lot to 90 days as a temporary use. Currently, the Petitioners display
merchandise in a restricted area of their parking lot pursuant to a temporary use permit which expires
at the end of 90 days. They are requesting to be able to display merchandise in this area from March
1 through October 31st annually. To that end, they are requesting a use variance be granted by the city.
Bjorkman said that in 1995, the Petitioners sought and received an extension of the temporary use
permit.
Bjorkman said that the area being used for display of inerchandise in the parking �ot is not usually
occupied by customer parking. There would still be more than adequate parking available on the site
if the variance were granted. This was confirmed by a staff report which addressed the parking on the
site.
Attorney Diamond went over the Approval Criteria for Use Variances as stated in the Petition.
OUESTIONS OF TI�E PETITIONERS BY MEMBER OF THE BOt�Ri�
Christensen said the property is zoned C3. Have there been any variations or conditional uses granted
for this property? Bjorkman said there have not.
Swierk asked if the best location for the open sales lot is in the front parking lot. Would it be possible
to move the open sales area to the north or south of the building? Bjorkman said the proposed location
is the best one. This particular portion of the parking lot has never been used by customers for parking
`- purposes. It is also better in this location with regard to visibility from the road, both for sales purposes
and for security reasons.
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Semrow asked if the proposed location is the same area of the lot where open sales have been conducted
�, in previous years. Bjorkman said that is correct. Swierk asked if all sales transactions take place inside
of the building. Are purchases paid for inside of the building? Bjorkman said there is no cash register
outside of the building.
A lengthy discussion followed regarding what portion of the property should be included in the open
sales lot area. It was determined that the portion of the site plan indicated to be open sales lot would
be the restricted area.
�LOSING STATEMENT BY PETITIONERS
Attorney Diamond said that he had no closing remarks. He believes the Petition should stand on its
merits.
Chairman Semrow said, "there being no further testimony before this Board with regard to this Pedtion,
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."
DELIBERATION AND RECOMMENDATION
Motion by Swierk, seconded by Lovett to recommend to the City Council that
the Petitioners' request that a Use Variance to allow the Petitioners to conduct an open
sales lot on the property for purposes of selling garden and landscaping supplies to
include, but not limited to, potting soil, landscaping materials such as bark and stone,
landscaping bricks, landscaping timbers and ornaments; that the conditions set out in the
`.- Petition by the Petitioners be placed on the proposed Use Variance, namely:
1. Period of Operadon: The Use Variance would be effective March 1
and continue through and including October 31 of each year;
2. Hours of Operation: Sales are to take place only during the normal
operations of the principal business located on the property commonly
known as "Ace Hazdware";
3. Location: The location on the subject property where the sales are to
take place would be limited and restricted to the area defined on the Site
Plan attached hereto and made a part of the Petition identified as Exhibit
,�C��.
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4. Appearance: Sales shall be conducted in a clean and safe manner. All
materials and products shall be kept within the area defined in the Site Plan and
shall be presented in such a way that the area at all times appears neat and orderly
in the discredon of the City's building inspector;
and that the Approval Criteria for Use Variances, Table 31A, page 379 of the Zoning Ordinance
have been met.
Voting Aye: Bun�, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
�- Abstaining: None.
Absent: None.
Motion carried 7-0. A recommendadon will be made to the City Council.
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ADJOURNMEN'C
\.. Motion by McClatchey, seconded by Christensen to adjourn this hearing.
Voting Aye: Burr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: Nor�e.
Absent: None.
Motion carried 7-0. This meeting was adjoumed at 8:17 p.m.
Respectfully submitted
Harry Se w, Chairman
Zoning Board of Appeals
c: Agenda, Zoning Board of Appeals('n, Plan Commi�sion('�, City Adminish�ator, Public Works Administration (4), Petifloners, Observers (1), Aldermen
Reference Copy,Building&Zoning File,Landmark Commission Chairman,Northwest Herald,McHenry Star Newa,City Clerk File.
Z-412
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