HomeMy WebLinkAboutMinutes - 6/24/1996 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JUNE 24, 1996
CITY OF MCHENRY
� IN THE MATTI'sR OF THE APPLICATION )
OF CHARLES IZ FERNSTROM AND ) Z-410
NANCY FERNSTROM FOR A VARIATION ) FERNSTROM
TO AND A CONDITIONAL USE PERMIT ) 4904 W ELM ST
UNDER THE C[TY OF MCHENRY )
ZONING ORDINANCE, MCHENRY ) CONDITIONAL USE
COUNTY, ILLINOIS. ) VARIANCE
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 June 24, 1996. Chairman Semrow called the
hearing to order ��t 7:38 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 f'or Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
� 4. Director of Building & Zoning: John A. Lobaito.
�
5. Petitioners: Charles and Nancy Fernstrom, 4511 W Home Avenue McHenry Illinois 60050.
6. Attorney for the Petitioner: Campion, Curran, Rausch, Gummerson and Dunlop represented by
Daniel Curran, 8600 Route 14, Suite 201 Crystal Lake Illinois 60012.
7. City Council Members: None.
S. Court Reporter: None.
9. Registered Observers/Objectors: None.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on 7une 6, 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. The subject property was posted
as required by ordinance.
LOCATION
The subject prop�:rty is located at 4904 West Elm Street McHenry IL 60050. It is comprised of .17
acres and is currf�ndy unimproved.
�
ZONING BOARD OF APPEALS
JUNE 24, 1996
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
`., OF CHARLES R FERNSTROM AND ) Z-413
NANCY FERNSTROM FOR A VARIATION ) FERNSTROM
TO AND A CONDITIONAL USE PERMIT ) 4904 W ELM ST
UNDER THE C[TY OF MCHENRY )
ZONING ORDINANCE, MCHENRY ) CONDITIONAL USE
COUNTY, ILLINOIS. ) VARIANCE
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 June 24, 1996. Chairman Semrow called the
hearing to order at 7:38 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 fc�r Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. Director of'Building & Zoning: John A. Lobaito.
�
5. Petitioners: Charles and Nancy Fernstrom, 4511 W Home Avenue McHenry I1linois 60050.
6. Attorney for the Petitioner: Campion, Curran, Rausch, Gummerson and Dunlop represented by
Daniel Curran, 8600 Route 14, Suite 201 Crystal Lake Illinois 60012.
7. City Council Members: None.
8. Court Reporter: None.
9. Registered Observers/Objectors: None.
NOTIFICATION
Notification of this hearing was published in the Northwest Herald on June 6, 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 regard to this matter. The subject property was posted
as required by ordinance.
LOCATION
The subject property is located at 4904 West Elm Street McHenry IL 60050. It is comprised of .17
acres and is currendy unimproved.
�
Page 2
ZBA-Fernstrom
6/24/96
�UMMARY
`, The subject property is currently zoned CS Highway Commercial Zoning District. The Petitioners are
seeking a conditi<►nal use permit to allow the construction and operation of a two-bay oil exchange
facility on the subject premises. The Petitioners are seeking a variance as to the following:
1. lot width requirement from 200 feet to 60 feet;
2. side yard setback requirement from 10 feet to 0 feet along the west lot line.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitianers:
1.] Charles R. Femstrom, 4511 West Home Avenue, McHenry Illinois 60050.
Attomey Curran stated that the Petidoners presendy operate McHenry Quick Oil Change at 4002 West
Elm Street. They are proposing to move their operation to the subject property. The lot size of the
subject property is 60' by 125', or approximately 7500 square feet. The property is zoned CS Highway
Commercial District. The property is surrounded by Route 120 to the south (commercial businesses
south of Route 120), Commercial Avenue to the north(residential homes north of Commercial Avenue),
and commercial businesses to the east and west.
Curran said the Petitioners are seeking a conditional use permit in order to build and operate the oil
exchange facility on the subject premises. A 32' by 42' building is being praposed, approximately 1344
square feet in size. There would be two bays and an area for the cashier and storage of materials. Each
bay would have a hydraulic lift. The front of the building would be setback approximately 60 feet from
the front property line along Route 120. The rear setback would be 30 feet from Commercial Avenue.
`- There would be stacking spaces for four vehicles (two per bay as required by ordinance). There would
be five parking spaces. In all other aspects other than the specific variances being requested the site plan
complies with all city requirements.
Curran stated that with regard to the request for the conditional use, both Rex's Auto Body and
Sunnyside Dodge operate similar, although more intense, businesses in the immediate viciniry of the
subject premises. Curran pointed out that most of the business in this particular commercial block (from
Meadow Lane to Highview Drive) have anywhere from 0 to 5 feet setback from their respective interior
lot lines. All have less that 200 feet of frontage on Route 120 with the sole exception of Sunnyside
Dodge. Curran noted there is an exemption for lots abutting arterial streets as to the required 200 feet
lot width if the lots had been platted prior to the adoption of the zoning ordinance in 1986. The subject
property qualifies for this exemption as it was platted and zoned commercial prior to 19$6. C�uran said
that the zoning ordinance which was in place prior to 1986 required no interior sideyard setback for any
of the lots contained in the commercial block to which he had previously referred.
Curran said the Petitioners would comply with all parking and stacking requirements. He said the
Petitioners anticipate there would be 30-40 oil change customers daily. The hours of operation would
be:
Monday - Friday 8 am - 6 pm
Saturday 8 am - 5 pm
Sunday 9 am - 4 pm.
`- Curran said that a une-way traffic pattern is being proposed on the site from the south to the north. all
vehicles would exit onto Commercial Avenue. This site plan and traffic configuration allows for smooth
access thru the site even for those who may not choose to have their oil changed. Anyone entering the
Page 3
ZBA-Femstrom
6/24/96
site but not using the facility could still go around the building and elcit onto Commercial Avenue.
�. Curran stated that the proposed business at this location is limited to oil and oil filter exchange only.
There would be 2-3 employees on the premises.
Curran said that the used oil would be stored in a concrete pit and would be stored and removed from
the site according to code requirements. All use oil would be dispased of by a licensed waste hauler
as required by the EPA.
Curran said the building would be constructed of split pattern face block. Curran went over the
Approval Criteria for Conditional Uses and Variances as stated in the Petition.
QUESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD
McClatchey asked where the oil would be stored, inside or outside of the building. Fernstrom said it
would be stored in a concrete pit located inside of the building. McClatchey asked if the truck which
empties the pit would be able to navigate the site. Fernstrom said it would be a smaller 6-wheel truck
and there would be no problem in navigation of the site. McClatchey asked what type of signage is
being proposed and where would the signs be placed. Fernstrom said he has no plans for signage yet.
Swierk said the site plan is not very well drawn. No dimensions are shown on the plan. What are the
aisle widths, dimensions of the parking spaces, etc. Semrow said he has concems regarding traffic being
able to get thru the site. The aisle widths do not appear to be adequate. Lobaito said a 12 foot aisle
width is the minimum which would be required for one-way traffic.
�. Discussion followed regarding the dimensions of the site. Curran said that there is no request before
the Board with regard to variance as to parking or stacking requirements. Therefore, the Petitioners
would have to meet all requirements of the ordinance or else come before this Board to seek a variance.
Christensen asked if there would be a three-how fire wall between the proposed building and the existing
building which houses Rex's Auto Body. Lobaito said that is conect. The fire wall would have to be
an independent structure which would stand alone in the event a fire collapsed the building.
Swierk asked the degree of the angle of the parking spaces. Curran said he is not sure. Lovett asked
that the site be marked with signs as to the one-way traffic pattem. Fernstrom said that could be done
in addition to marking the pavement with arrows.
Christensen asked if there would be open green space on the east side of the lot. Curran said there
would be a 5' wide landscape strip approximately 50 feet in length. Lobaito said this landscape area
was required in order to meet the 10% minimum landscaping requirement on this property. Christensen
asked if there would be site lighting. C�uran said the Petitioners would install lighting on the premises
but it would be so directed so that it would not spill over beyond the property lines.
Semrow asked where the trash disposal area would be located and how would it be screened. Fernstrom
said it might be located on the northwest corner of the property and that he would screen it as required
by ordinance.
`-- Christensen asked rhe size of the overhead doors of the building. Femstrom said they are 10' by 12'.
The facility could accommodate pick up trucks but no semi trucks.
Page 4
ZBA-Fernstrom
6/24/96
CLOSING STATEMENT BY PETITIONER
�. Curran reiterated his statements with regard to the Approval Criteria for Condidonal Uses and the
Approval Criteria for Variances as his closing statement. He stated that with regard to the 200 foot
minimum lot width requirement, he believes that the Petitioners are not required to seek a variance due
to the exempdons as previously stated. City Staff agreed with this interpretation. But, since there was
a need to appear before this Board with regard to the other issues, it was decided to be conservative and
seek the variance as to the lot width. Curran said that because of the fact that this lot is actually exempt
from lot width requirements, it would follow that it is not extraordinary to seek a variance as to the
sideyard setback requirements as well.
Semrow said that he would concur with Curran and Lobaito with regard to the lot width exemption.
This was a lot of record at the time of the adoption of the current zoning ordinance. It could be built
upon without the need for a variance. Semrow said sideyard setback variance is not an unusual request
considering the exempdon previously mentioned.
Semrow asked Fernstrom how many oil changes were done on a typical day. Femstrom said 30-40.
There are no real peak dmes.
Christensen asked if Femstrom was anticipadng any overnight exterior storage of vehicles. Femstrom
said there would be none.
Chairman Semrow said, "there being no further testimony before this Board with regard to this Peddon,
the Board will consider this matter at this dme, unless there is a motion to recess by a member of the
�- Board."
DELIBERATION AND RECOMMENDATION
Motion by Swierk, seconded by Lovett to recess this hearing until such dme as a more detailed site plan
is presented for review to the Board.
Voting Aye: Lovett, Swierk.
Voting Nay: Burr, Christensen, McClatchey, Semrow Tobeck.
Not Voting: None.
Abstaining: None.
Absent: None
Motion failed 2-5.
Chauman Semrow said, "the Chair will entertain a motion with regard to the Petition."
Motion by Christensen, seconded by McClatchey to recommend to the City Council that
the Petitioners' request that a Conditional Use to allow the construction and operation of
a two-bay oil exchange facility on the subject premises be granted; and that the Approval
Criteria for Condidonal Uses, Table 31, pages 357-358 of the Zoning Ordinance have
been met; that a Variance from the minimum lot width of 200 feet to allow a lot width
of 60 feet he granted; but that page 69, paragraph L of the Zoning Ordinance clearly
exempts this property from a need for this variance; that a Variance as to the west
interior side�yard requirement from 10 feet to 0 feet be granted; and that the Approval
� Criteria for Variances, Table 32, pages 377-378 of the Zoning Ordinance have been met;
and that the following conditions be placed upon the Petitioner in granting these requests:
Page 5
ZBA-Femstrom
6/24/96
1. Site be clearly marked with one-way signs and pavement shall be marked with
�-- arrows to assist in traffic flow on and thru the site;
2. Parking area be set apart from landscaped area by a concrete barrier curb;
3. There shall be no ovemight exterior parking of vehicles on the premises.
Voting Aye: Burr, Christensen, Lovett, Semrow, Tobeck.
Voting Nay: McClatchey, Swierk.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion cairied 5-2. A recommendation will be made to the City Council.
ADJOURNMENT
This hearing was adjourned at 8:50 p.m.
OTHER BUSINESS
Lobaito asked for direction from the Board with regard to the 200 foot minimum lot width requirement.
What is the Board's position on this issue? Would the Board want to continue to have Petitioners seek
the variance with regard to this requirement and act on individually. Semrow said it would depend on
when the properiy was platted and how long the zoning has been in placed on the property. Lobaito
said he could ask Pedtioners to provide proof of platting prior to 1986 in the fature. The consensus of
the Board was that this would be good information to have submitted with Petitions where this is an
issue.
�
Swierk asked if the Board should look at limiting location and numbers of vending machines in the City.
He said it would be good to look at the curbing requirements in the zoning ordinance, as well. He
would recommend that all curbs be concrete. The ordinance is currendy ambiguous as to curbing
materials with the exception of the Business Park requirements.
Lobaito said he would be willing to check with surrounding municipalities and to obtain some sample
ordinances with regard to vending machine number and placement on lot.
Motion by Swierk, seconded by McClatchey to have City staff look into the possibility of text
amendments to the zoning ordinance with regard to:
l. vending machine number and placement on lot;
2. concrete curbing requirements in parking lots.
Voting Aye: Burr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-C�. Staff will look into these matters and report back to the Board.
ADJOURNMENT
� Motion by Tobeck, seconded by McClatchey to adjourn this meeting.
Page 6
ZBA-Fernsirom
6/24/96
Voting Aye: Burr, Christensen, Lovett, McClatchey, Semrow, Swierk, Tobeck.
`'�-- Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. This meeting was adjoumed at 9:01 p.m.
Respectfully submitted
Harry Se w, Chairman
Zoning Board of Appeals
c: Agenda,Zoning Boazd of Appeais('n,Plan Commisaion('n,City Administrabor,Public Works Adminishation (4),Petifloners,Aldermen Reference Copy,
Building 8c Zoning File,Landmazk Commisaion Chairman,Northweat Heratd,McHenry Star Newa,City Clerk File.
Z-410
�.
�.