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HomeMy WebLinkAboutMinutes - 6/17/1996 - Zoning Board of Appeals ' � ' ZONING BOARD OF APPEALS 7UNE 17, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF FISH OF MCHENRY, INC, A NOT FOR ) Z-413 PROFIT CORPORATION, AND MCHENRY ) FISH PUBLIC LIBRARY DISTRICT, A ) 809 N FRONT ST MUNICIPAL CORPORATION, FOR A ) CONDITIONAL USE PERMIT, PURSUANT ) CONDITIONAL USE TO 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-captioned petition was held on June 17, 1996. Chairman Semrow called the � hearing to order at 7:30 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom 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. Petitioners: Fish of McHenry represented by Barb Pierce, P O Box 282, McHenry Illinois 60050; McHenry Public Library District represented by Judith Moore, 809 N Front Street McHenry Illinois 60050. 6. Attomey for the Petitioner: None. 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 May, 31, 1996. The Publisher's Certi.ficate 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 (:ity 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 809 N Front Street McHenry IL 60050, and is known as McHenry Public Library. � �Page 2 ZBA-Fish 6/17/96 SUMMARY �-- The subject property is currently zoned CS Highway Commercial Zoning District and has been granted a conditional use permit to allow the library at this location. The Pedtioners are seeking an addidonal conditional use permit to allow a food pantry on the premises. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: 1.] Barbara Pierce, P O Box 282, McHenry Illinois 60050. 2.] Judith Moore, $09 N Front St McHenry Illinois 60050. Moore stated that the Library believes that the food pantry would be a compatible use at this location. Fish would like to lease a portion of the space in the warehouse section of the library building. The Library has been advised that the food pantry would be staffed by volunteers approximately 20 hours per week, except during the thanksgiving or Christrnas holiday season when the hours might increase. Pierce said that the pantry has regular hours on Tuesday and Thursday momings. Otherwise, those needing the services of Fish or providing supplies to the pantry must make an appointment. Fish has daytime hours only. Moore and Pierce affirmed the Approval Criteria for Conditional Uses as stated in the Petition. ni1FSTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD Swierk asked what the reception/intake area would be used for. Pierce said that would be the place `' where clients would enter and receive food/supplies. That would also be the area where provisions/supplies would be dropped off for inclusion in the pantry. Swierk stated that the Site Plan which was included in the Petition was prepared by him at an earlier time and that he has no inherent interest in the project at this time which could cause a potential conflict of interest. Lovett asked if the overhead door shown on the plan would be kept closed. Pierce said it would be kept closed. Semrow asked if all products would be dry goods with no need for refrigeration. Pierce said Fish has refrigerators for perishable products. Christensen asked if there had been any incidents of problems with rodents at the present location of Fish. Pierce said there have been none. Everything is stored in containers. There have been no problems with rodents. Swierk asked if the Pantry required a health department pemut. Pierce said not to her knowledge. Semrow asked if there are any other tenants in the rear portion of the library building. Moore said Fish would be the only tenant. The previously requested Habitat for Humanity petition for condidonal use has been withdraw�n for consideration by the Pedtioner. � CLOSING STATEMENT BY PETITIONERS Moore said the Library Board has discussed the possibility of fish moving to this location for several months. The Board believes it to be a compatible use. Fish needs more space. The Board recognizes that Fish is a worthwhile endeavor and is willing to welcome them into this space. � ^Page 3 ZBA-Fish 6/17/96 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 bein� no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion by Swierk, seconded by Tobeck to recommend to the City Council that the Petitioners' request that a Conditional Use to a11ow a food pantry, reception area and intake area on the subject property be granted; and that the Approval Criteria for Conditional Uses, Table 31, pages 357-358 of the Zoning Ordinance, have been met. Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bun, McClatchey. Motion carried 5-0. ADJOURNMENT This hearing was adjourned at 7:41 p.m. Respectfully submitted `.. � Harry Se w, Chairman Zoning Bo d of Appeals c: Agenda,Zoning Board of Appeals('n,Plan Commission('n,City Administrazor,Public Works Administration (4),Petitioners,Aldermen Referona Copy, Building ct Zoning File,Landmazk Commission Chairman,Northwest Herald,McHenry Star News,City Clerk File. Z-413 �� ' ` ZONING BOARD OF APPEALS JUNE 17, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) Z-399(25) �-- OF DAVID A ZICKUS, SR, FOR ZONING ) AND A USE VARIANCE PURSUANT TO ) ZICKUS THE ZONING ORDINANCE OF THE ) TOOL LAND CITY OF MCHENRY, MCHENRY ) 2350 W RTE 120 COUNTY, ILLINOIS. ) C5, USE VARIANCE CONDITIONAL USE 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 27, 1995, January 8, 1996, and was recessed to this date. Chairman Semrow called the hearing to order at 8:45 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Tom Burr, Frank McClatchey. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. `` 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: David A Zickus, Sr, 109 Augusta Drive McHenry Illinois 60050. 6. Attorney for the Petitioner: Michael Siemen representing Attorney Kenneth Clark, 425 Lake Street, P O Box 325 Antioch Illinois 60002. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Registered Observers/Objectors: 1. James R Mill, 2414 W Route 120, McHenry Illinois 60050 (spokesperson). 2. Ron Drake, 2414 W Route 120, McHenry Illinois 60050. 3. Albert S Blake, 721 N Country Club Drive McHenry Illinois 60050. NOTIFICATION Notification of this hearing was published in the Northwest Herald on May 31, 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. An Affidavit of Service ascertaining that all notificadon requirements have been followed is on file in the office of the City Clerk. � LOCATION The subject property is located at 2350 West Route 120 McHenry, and is the location of Tool Land. � �Page 2 ZBA-Zickus 6/17/96 SUMMARY �-- The Petitioners are requesting that the subject property be reclassified from E Estate District to CS Highway Commercial District; that a Use Variance be granted to allow the following: 1. (4) trailers used for the warehousing and distribution of inerchandise; 2. Warehousing; 3. Distribution; 4. Outdoor tent sales (unlimited time and number); 5. Outdoor flags (unlimited time and number); 6. Outdoor signs (unlimited time and number). The Petitioners are also requesting that a Conditional Use Permit be granted to allow the construction of a billboard on the subject property. TESTIMONY Chairman Semrow swore in the following wimess for the Petitioners: David A Zickus Sr, 109 Augusta Drive McHenry Illinois 60050. Zickus purchased the subject property 4 years ago. It is the location of Tool Land and was annexed into the City on August 2, 1995. The subject property is currendy zoned E Estate subsequent to annexation. Prior to this property being brought into the city, the same uses took place as they do today. Zickus said he is seeking relief from the City as to the reclassification of the subject property to CS Highway Commercial Zoning District. He is also seeking the granting of a Use Variance to permit existing uses on the property and a Conditional Use Permit to allow the erection of a Billboard. Zickus said he has � signed a 20 year lease with a firm who will contract and rent out the Billboard. He was granted a pernoit by the county to construct the billboard in June, 1995. The original proposed location of the Billboard was along the west property line. However, due to a site study, it has been determined that the best location would be along the east side of the building above the rooftop elevation. Zickus stated that he was seeking the Use Variance to permit the use of four semi trailers for onsite storage of retail merchandise. The merchandise would be stored and distributed not only for the store on the subject property, but also for stores at three other locations. The McHenry store is the second largest volume store which Zickus owns. In order to function at the current level, merchandise must be stored in the trailers at this locarion. Zickus stated that he has observed trailers being used for this purpose at other locations in the city. The Use Variance for warehouse and distribution is needed because these uses are not allowed in the Commercial District. Zickus said the Use Variance for the tent sales is because he would like to have them more frequently than presently allowed by ordinance. He would like to have them more often than two times per year. Zickus stated that he would like to continue to have them as he did when he was in the county jurisdiction. Zickus said the outdoor flags are used to attract attention to the site. The flags help to attract customers to his store. He would like the latitude to use them as he did in the county. He said he is not asking that the flags be a permanent fixture on the site. Zickus said he needs the outdoor signs in order to display various price signs and sales and promotions taking place. By outdoor signs, Zickus said he is referring to windmaster signs that blow in the wind, such as cigarette signs. � Attorney Siemen addressed the Approval Criteria for Reclassification, Use Variance and Conditional Use as stated in the Petition. � page 3 ZBA-Zickus 6/17/96 Zickus said that if the relief requested is not granted it would be very difficult for his store to survive `.• at this location. QUESTIONS OF THE WITNESS BY MEMBERS OF THE BOARD Christensen asked �vhere the other locations are in the vicinity of the subject property where trailers are being used for stoi�age and distribution. Siemen said Adams Enterprises uses trailers for storage in addition to their inventory of trailers for retail sale. Zickus said Retek has a trailer on his site and McHenry County Supply uses trailers for storage as well. Christensen asked where the tent would be erected when it is used. Zickus said it would be located on the west portion of his parking lot, in the front of the building. Christensen asked were customers park when the tent is up. Zickus said they park at the rear of the building. There are up to 30 spaces on the lot. Christensen asked what is under the blue tarp at the rear of the building. Zickus said pallets of rock salt are being stored under the tarp. Christensen asked if Zickus was seeking perntission for outside storage for materials located outside of the trailers. Zickus said he would like to have that latitude. It was pointed out by McArdle that there was no publication for a request for outside storage on this site. Christensen said there are tree stumps, rubbish, etc. at the rear of the building. The site in general needs to be cleaned up. Siemen said his client would be willing to clean up the site. Semrow asked how much of the materials which are being stored in the trailers is for locations other than the McHenry store. Zickus said appro�mately 60% of the merchandise is being stored for other locations. Semrow asked why the storage and distribution must be done at this location. Zickus said this is the largest of the four sites where his stores are located. �"' Lovett asked if the sign company owns the billboard and rents out it out. Zickus said he leases the land on which the billboard is to be erected to the sign company. Lovett asked if the billboard would be illuminated. Zickus said it would. Lovett asked if it would be lit 24 hours per day. Zickus said he is not sure. Lovett said he is concerned regarding the lights from the billboard affecting area residents. Zickus said the light would shine up from the bottom of the billboard. Lovett asked Zickus to explain what he means by unlimited time and number with regard to tents, outdoor flags, and outdoor signs. Discussion fallowed regarding the possibility of limiting the display of the tent sales, outdoor flags and outdoor signs. Zickus agreed to a maximum of 6 times per year, each dme no more than 7 days in durarion for the tent sales. At the present time the following signs are located on this property: 1. 144 square foot "Tool Land" pole sign 2. "Tool Land" wall sign 3. 32 square foot portable readerboard arrow sign 4. Various pennants or flags 5. Windmaster signs. Discussion followed regarding allowable signage in the county and does the Pedtioner exceed county limitations. Semrow said he has a problem with the trailers being used for storage of inerchandise 60% of which � is not even being sold at this location. It would appear that at most two trailers would be needed for storage at this location. Semrow said that perhaps an addition to the building could house the excess merchandise. Siemen said the use of the property is in line with the permitted uses in the zoning district. � �Page 4 ZBA-Zickus 6/17/96 Swierk asked why the billboard has not been erected yet. Zickus said he received the permit from the �-- county last June and then the annexation proceedings occuned. Lovett asked why a Use Variance is being requested for warehousing and distribudon. Zickus said that would allow these uses whether or not it is being conducted in the trailers. Christensen asked if Zickus receives compensation for display of the promotional windmaster signs. Zickus said he does not. The Petitioner agreed to the following limitations in the Petition: 1. Outdoor flags - 6 times per year; no more than 7 days in duration each time. 2. Windmaster signs - 6 dmes ger year; no more than 7 days in duradon each time. 3. Portable arrow sign - every other month; 24 hours per day. 4. Tent sales - 6 times per year; no more than 7 days in duration each tim. 5, Trailers - 4 permanendy stored trailers to be used for storage, warehousing and distribution. Discussion ensued regarding the possible relocation of the trailers to the rear of the building in an east- west orientation so as to be less conspicuous. QUESTIONS OF THE WITNESS BY THE OBJECTORS James Mill: What would be the overall height of the billboard? Zickus said it would be 35 feet high. Mill asked if the sign company provided any sight lines. He said he is concerned with illumi.nation � spilling into the residential properiy to the north. Has the sign company provided any illumination spillage factor? Zickus said he is not aware of any. However, the lighting would not disturb the residents. Mill asked the length of the sign. zickus said it would be 30 feet long. Mill asked if there is any sort of relative usage with regard to trailers being used on the site and the size of the lot. Lobaito said trailers are not a permitted use in this district and that is the reason for the requested Use Variance. Mill asked the city's position regarding the placement of outside vending machines. Lobaito said there are no restrictions as to placement of the machines. Mill asked if the windmaster signs and pennants would be removed periodically. Zickus said that is conect. Mill asked if the portable arrow sign is really necessary in view of the changeable copy portion of the large pole sign. How much signage can a motorist read while driving down the road at 45 miles per hour? This much signage could present a traffic hazard. McArdle asked the Petitioner to consider a limitadon as to the m�imum number of years in which the trailers would be permitted on this location. Siemen said the Petitioner could live with a ten year limitation. Chairman Semrow called for a recess at 9:00 p.m. The hearing reconvened at 9:10 p.m. with all members still in attendance. Siemen said the Petitioner would be willing to compromise and limit the duration of the trailers on the site to a maximum of 6 years. Siemen said the Pedtioner would be willing to screen the outside storage with a privacy fence as directed by the city. \' It was determined that this hearing should be adjoumed until such time as publication and notification have been made with regard to a request for a conditional use to allow outside storage on the premises. McArdle asked that the Petition be amended with regard to this request in addition to the following: � Page 5 ZBA-Zickus 6/17/96 1. Insert the limitations with regard to the signs, tents and trailers. `-- 2. Determine whicb of the requested uses contained in the Use Variance request were allowed and which not allowed under c:ounty jurisdiction. MOTION TO RECESS Modon by Swierk, seconded by Tobeck to recess this hearing subsequent to re-publication by Petitioner. Voting Aye: Christensen, Lovett, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: Nonf�. Abstaining: None. Absent: Bun, McClatchey. Motion carried 5-0. This hearing was recessed at 9:17 p.m. Respectfully sub 'tted / oz-�/ Harry mrow, Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('n, Plan Commission ('n, City Administrator, Director of Building&Zoning, Public Works Administration (4), City Attomey, Petitioner Zickus, Observers/Objectors (3), Aldermen Reference `, Copy,Building&Zoning Zoning File, Landmark Commission Chairman,Northwest Herald,McHenry Star News, City Clerk File. Z-399(25) �..,