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HomeMy WebLinkAboutMinutes - 3/18/1996 - Zoning Board of Appeals ZONING BOARD OF APPEALS � MARCH 18, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF STEPHEN E BUSS FOR ZONING ) Z-408 VARIANCE PURSUANT TO THE ZONING ) BUSS FORD ORDINANCE OF THE CITY OF ) 4011 W MAIN ST MCHENRY, MCHENRY COUNTY, ) VARIANCE ILLINCIIS. � 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 March 18, 199b. Chairman Semrow called the hearing to order at 7:32 p.m. The following persons were in attendance: 1. Zoning Baard Members: Tom Burr, Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow. Absent: John Swierk, Donna Tobeck. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioner: Buss Ford Service Center represented by Stephen E Buss, 3925 W Elm Street McHenry IL 60050. 6. Attorney for the Petitioner: Truckenbrod and Cowlin represented by Thomas Cowlin, 4108 W Crystal Lake Road McHenry Illinois 60050. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTIFICATIOrI Notification of this hearing was published in the Northwest Herald on February 22, 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. Retum 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. An Affidavit of Service as required by Ordinance is on file in the office of the City Clerk. LOCATION The subject property is located at 4011 W Main Street McHenry IL 60050, and is known as Buss Ford � Service Center. �age 2 ZBA-Buss 3/18/96 �UMM�4RY � The subject property is currently zoned I-1 Industrial Zoning District. The Petitioners are requesting that the subject property be granted a Variance to permit the following: a] To allow a front yard setback of 32.6 feet in lieu of the ordinance requirement of 40 feet. TESTIMONY Chairman Semrow swore in the fallowing witness for the Petitioners: 1.] Stephen E Buss, 3925 W Elm Sh-eet McHenry Illinois 60050. Buss stated that the property is currendy zoned I-1 Industrial. All abutting properties are zoned I-1 Indastrial. Buss said that he is seeking a variance so that he can construct a new entryway or vestibule at the front of his building. There is a drastic temperature change when the front door is opened whether in the winter or the summer. He is hoping to make the front office area more comfortable for both employees and patrons to the facility. Buss said that he is proposing a glass front door. The vestibule would be comprised of a three foot brick wall with the upper portion being glass. Buss said the proposed entryway will enhance the facade of the building. Attomey Cowlin went over the Approval Criteria for Variances as stated in the Petidon. Buss said he purchased the building approximately 6 and one-half years ago. CILIESTIONS OF THE PETITIONERS BY MEMBER OF THE BOARD Lovett asked about the concrete curb shown on the plat of survey. The curb appears to be in the area where the new entryway is being proposed. Buss said there was an apron to the former garage door `, opening which had previously been on the building. The curb is approximately flush with the blacktop paving of the parking lot. Lovett asked if the proposed entryway would either reduce the number of available parking spaces on the site or push them out closer to Main Street. Buss said they would be pushed back only about 6 inches. The proposed construction of the entryway would not affect the number of parking spaces on the site. Christensen asked if the double doors are being put in the front of the building or the side of the building. Buss said the double entry would be constructed in the front of the building. Christensen asked if overhead garage doors are being put in. Buss said there would be no new overhead doors. He is proposing to simply construct a new vestibule area. McClatchey asked if Buss Ford employees are currendy parking in the Metra commuter parking lot. Buss said the employees have been instructed to park only in the back row of the Metra lot. Employees use the Metra lot only when the Buss Ford lot is unusable due to mud. Buss said he has been delayed in the paving of the rear portion of his lot due to the fact that he has donated some of that land to the McHenry County Conservation District for construction of the bike path. They have been slow in constructing the bike path. Once the path has been constructed, he will be able to pave his entire lot. At that point i� should no longer be necessary for his employees to park in the Metra commuter lot. Semrow noted the results of a survey conducted by the staff of the front yard setbacks of the Industrial- zoned properties on Main Street. The front yard setbacks on them range from encroaching over the front property line to 30 feet. Not one of the industrial-zoned properties on Main Street west of the � subject property has the required 40 foot setback as required by ordinance. It would therefore not seem extraordinary to consider the Petitioners request as being appropriate. Page 3 - ZBA-Buss 3/I8/96 CLOSING STA'fEMENT BY PETITIONERS � Attorney Cowlin asked the Board to make a recommendation to the City Council that the variance be granted as requested. Chairman Semrow said, "there being no further testimony 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 Pedtion." DELIBERATION AND RECOMMENDATION Modon by Christensen, seconded by McClatchey to recommend to the City Council that the Pedtioners' request that a Variance to allow the following be granted: a] To allow a front yard setback of 32.6 feet in lieu of the ordinance requirement of 40 feet; and that the Approval Criteria for Variances, Table 32, pages 377-378 of the Zoning Ordinance, have been met. Voting Aye: Bun, Christensen, Lovett, McClatchey, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Swierk, Tobeck. Motion carried 5-�. � ADJOURNMENT Motion by Christensen, seconded by McClatchey to adjourn this hearing. Vodng Aye: Burr, Christensen, Lovett, McClatchey, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Swierk, Tobeck. Modon carried 5-0. This hearing was adjourned at 7:55 p.m. Respectfully submitt d Harry Semr , Chauman Zoning Board of Appeals c: Agenda,Zoning&�azd of Appeals(7),Plan Commission(7),City Administrator,Public Works Administration (4),Petitioners,Aldermen Reference Copy, Building 8c Zoning File,Landmark Commission Chairman,Northwest Herald,McHenry Star News,City Clerlc File. Z-408 �.