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HomeMy WebLinkAboutMinutes - 2/19/1996 - Zoning Board of Appeals . ZONING BOARD OF APPEALS . FEBRUARY 19, 1996 CITY OF MCHENRY IN THE MATTF.R OF THE APPLICATION ) �. OF VICTOR AND ELEANOR FREUND ) Z-403 AND JIFFY LUBE INTERNATIONAL ) FREUND/JIFFY LUBE FOR A USE VARIANCE, PURSUANT ) 1807 N RICHMOND RD TO THE ZONING ORDINANCE OF THE ) USE VARIANCE 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 January 15, 1996, February 5, 1996, and was recessed to this date. 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 (arrived at 7:50 p.m.), Chuck Lovett, Harly Semrow, Donna Tobeck. Absent: Frank McClatchey, John Swierk. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secreta.ty: Kathleen M. Kunzer. L. 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: 3iffy Lube International represented by the following: Tim Rose, Olympia lnvestments, 533 S Ashland, Chicago Heights IL 60411. Jim Tatooles, Euclid Construction Mgmt, 1306 S Wolf Rd Wheeling IL 60090. Donald Manor, Jiffy Lube Intl, P O Box 2967 Houston TX 77252. 6. Attomey for the Petidoner: None. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: 1. Georgene Taylor, 3610 Comell Court, McHenry IL 60050. 2. Curtis Pepe, 3609 Cornell Court, McHenry IL 60050. 3. Donna Pepe, 3609 Cornell Court, McHenry IL 60050. 4. Bonnie Rindt, 7401 E Oakwood Dr, Wonder Lake IL 60097. 5. Karl Rindt, 7401 E Oakwood Dr, Wonder Lake IL 60097. 6. Dennis Drake, 3717 W Elm St, McHenry IL 60050. � NOTIFICATION Notification of this hearing was published in the Northwest Herald on December 27, 1995. The Publisher's Cert�ficate of Publicadon is on file in the office of the City Clerk with regard to this matter. � Page 2 - ZBA-Freund/Jiffy Lube 2/19/96 Notices were sent to all abutting properties via certified mailing. Return receipt cards have been � submitted to the Otfice 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 1807 North Richmond Road. SUMMARY The Petitioners are requesting that the subject property be granted a Use Variance to permit the construction and operation of a three-bay oil change facility on the site. The property is currently classified C3 Community Commercial. TESTIMONY Chairman Semrow swore in the following wimess for the Petidoners: 1. Tim Rose, Olympia lnvestments, 533 S Ashland, Chicago Heights IL 60411. 2. Jim Tatooles, Euclid Construction Mgmt, 1306 S Wolf Rd Wheeling IL 60090. 3. Donald Manor, Jiffy Lube Intl, P O Box 2967 Houston TX 77252. Tim Rose said that this hearing was recessed on January 15, 1996, at the request of this Board. Additional information was requested regarding this Petition. He asked Jim Tatooles to brief the Board with regard to the additional information which was provided to them in the Board packets prior to this hearing. Tatooles went over each item as listed in the report of the hearing which was held on January �. 15, 1996 as follows: 1) Provide a survey of existing trees on the subject property, especially all pine trees. Tatooles said that the tree survey has been included on the Landscape Plan which was submitted to the Board. The pine trees at the west property line of the subject property will be removed as requested by the abutting property owner. 2) Designate all abutting properties on site plan, including location of e�sting single family residences. Tatooles said this has been done on the revised Site Plan which has been provided to the Board. The Plan also locates the existing multi-family residential units which are part of the Hillcrest Apartment Complex. 3) Provide elevation drawings for all exterior walls. Tatooles pointed out that the architecture style is the same as the strip mall which is being constructed in the project to the immediate south of the subject property. All elevations have been provided as requested by the Board. 4) Provide landscape plan including means of screening to west of subject property; include calculations indicating that at least 10% of parking area is landscaped. As previously stated, a Landscape Plan is included in the revised Site Plan. The Landscape Plan indicates that at least 22% of parking area will be landscaped as green space. 5) Provide location of all exterior doors of building on site plan. Tatooles said that there would be three bays in the Jiffy Lube building. There would be overhead doors at the west side of the building for entry and service. There would also be overhead doors on the east side of the building for egress following service. The Cellular Telephone facility will have one service bay, locatf�d on the west side of the building. This would not be a drive through bay. Customer �, service en�rances to this facility would be located on the east side of the building. The size of the overhf�ad doors for Jiffy Lube would be 12' X 10'. The overhead door at the Cellular Telephone facility would be 10' X 10'. Page 3 ' ZBA-Freund/Jiffy Lube 2/19/96 6) Indicate location of all service bays, including cellular telephone facility service bay. �.- Tatooles said that there would be a total of four service bays: three drive-through bays for Jiffy Lube and one bay (not a drive-through) for the cellular telephone facility. 7) Provide impact on McCullom Lake Road in traffic study; provide projected traffic count entering and leaving site from McCullom Lake Road; impact on east bound traffic on McCullom Lake Road. Tatooles reiterated the contents of the updated traffic study which has been provided to the Board. The traffic study was updated on February 1, 1996 by the Metro Transportation Group. 8) Provide lane configuration on site plan showing McCullom Lake Road, both lanes going east, including stacking room. Tatooles said this is shown on the revised Site Plan. 9) Reduce the mouth of the access drive at rear of development so that two-way traffic is not possible. Tatooles said the mouth of the access drive has been reduced as requested by the Board. Discussion followed regarding the traffic impact on the area. Tatooles said that the traffic study report indicates that there would be minimum impact on the existing traffic volumes. This proposed use will not generate additional traffic. People would use the facility who are already on the highway in the area. Semrow asked how many oil changes Jiffy Lube averages per day. Manor said the national average is 42-45 per day. In the Chicagoland area the average is 45-50 oil changes per day. Semrow asked the maximum number of cars which could possibly be serviced at the facility on any given day. Manor said a maximum of 12 cars per hour could be serviced at the Jiffy Lube. If the facility is open for 8 hours, that would account for a maximum of 96 cars being serviced per day. Manor said the high volume peak periods would be 11 am- 1:30 pm and from 4 pm - 6 pm on weekdays. Saturdays would `-- also be peak times. OUESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOAR.D Semrow asked for clarification regarding the proposed vehicle stacking on the site. He said that the testimony at the first hearing was inconsistent. Manor said that this use will not generate more volume of traffic. The traffic in the area will not be increased due to the use being �rought in. Tatooles said that the mouth to the access drive on the west side of the building had been modified so that more room was available for vehicle stacking at the rear of the building. Tatooles said there should be room to stack 17 or 18 vehicles in the access drive and at the rear of the building. In response to a question by Attorney McArdle, Rose said there would be a full cross easement agreement between the subject property and the commercial development (which Olympia investments also holds title to) to the immediate south of this development. Lovett asked if the Petitioners would be willing to post the access point between properties at the southwest comer of the lot "Do Not Enter" in order to assure that vehicles maintain a one-way travel direction to the south. In this way, traffic would be prohibited from entering this site from the McHenry Grounds complex. Discussion continued. It was determined that to post this area one-way would make the situation impossible and undesirable for the Cellular Telephone facility. Lobaito explained that the entry to the site could be obtained either from Route 31 or from Mccullom Lake Road. There is a two- way entrance/exit at the southem boundary of the McHenry Grounds. There is a right-in/right-out access point at the northem boundary of the McHenry Crrounds. Additionally,there is the right-in/right- �-- out access point :it the northwest corner of the subject property as discussed in length at the previous hearing. • Page 4 ZBA-Freund/Jiffy Lube 2/19/96 Lovett asked if thf; City could put up some kind of barrier to prohibit left-hand turns from McCullom �.., Lake Road onto the site at its northwest comer. Christensen asked if there should be two lanes of stacking of vehicles permitted behind the building. Lobaito said the Petitioners need to provide six stacking spaces for the Jiffy Lube facility. This should present no problem with the access drive at the rear of the building. Christensen suggested that the access point on McCullom Lake Road be a right-in access only and that there be no egress from the site at this access point. Christensen asked if trees would be used in helping to screen the property from the residential property to the west. Christensen said he would like some 2 to 3 inch caliper trees, but not taller that 10 to 12 feet, planted to help buffer this project from the residential use to the west. The number of trees would be as specified in the Zoning Ordinance for residential screening strips. Tatooles said there would be a 6' privacy fence. Rose said they would be willing to plant trees as well. OUESTIONS OF THE PETITIONERS BY OBSERVERS/OBJECTORS Curtis Pene: How many cars per day would be the minimum required to make the business viable? Manor said approximately 25-30 cars per days would make the business viable. Pepe asked if there were other Jiffy Luhes in the Chicagoland area with a unique site configuration like the one before the Board this evening. Manor said that there are. Pepe asked the number of stacking spaces required by ordinance. Lobaito said the ordinance requires 6 stacking spaces and the site would accommodate that number of spaces. Pepe asked the hours of operation. Manor said the facility would be open from appro�cimately 8 am until 6 pm. Pepe asked if the Petitioners would consider installing speed bumps in the rear access drive to keep speed of vehicles down in the drive. Rose said they would put speed bumps in if the City requested them. Pepe asked why the mall to the south of the subject property L. which is being developed by Olympia lnvestments is not complete at this time. Rose said the weather has been the primary problem. Pepe asked if there were any legal claims against Jiffy Lube that Mr. Manor is knowledgeable about. Manor said there are none. Pepe asked if the oil change facility would be air conditioned. Manor said the facility would be air conditioned. However, the service bay areas would not be air conditioned. Semrow asked if there would be noise generated by the operadon of the facility. If the doors would be left open in the warm weather, would there be noise which would be a detriment to the neighborhood? Manor said there is no noisy equipment used in the operation. The only piece of equipment which would be considered noisy would be the air compressor. But, the air compressor is kept in a separate room which is shielded from the open bay area. The noise generated by the compressor would not be heard outside. C'I,OSING STATEMENT BY PETITIONERS Tim Rose said that the Petitioners request that the Board consider their request. They would like to do this project in McHenry. �TATEMENTS BY OBJECTORS/OBSERVERS Chairman Semrow swore in the following Objector prior to his statement being made: Curtis Pe�e: "Whether or not McHenry needs another oil change facility which would generate high tra�c volumes close to a residential neighborhood is the quesdon before ihis Board. This is especially � important in light of the fact that the Council recently demanded a 75' buffer for the residential homes adjacent to the Adams Enterprise property along East Route 120. This buffer was granted for reasons similar to what we have discussed here tonight - noise and traffic generation. . - Page 5 ZBA-Freund/Jiffy Lube 2/19/96 The property in quesdon was zoned residendal in the county when I purchased my home. I was not `.. informed when the zoning classification changed, nor was I informed when this property was annexed into the City. It was an island of land and was forcibly annexed. I have no objection to responsible development of property. The primary responsibility of the Zoning Board of Appeals is to the pre- existing residential homeowners. The development of this property as represented this evening will present a hardship to the neighborhood as far as noise, cars stacked up on the site, with their engines running constantly, causing air pollution. If this development moves forward it would adversely affect the land values of the property in this area. The Assessor's office has advised that they are watching the development of this property very carefully for that very reason." 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 Petidon." DE�,IBERATION AND RECOMMENDATION Motion by Christensen, seconded by Lovett to recommend to the City Council that the Petitioners' request that a Use Variance to allow the construction and operation of a three-bay oil change facility on the subject premises be granted; that the Approval Criteria for Use Variances, Table 32A, page 379 of the zoning ordinance, have been met; and that in granting the Use Variance, the following conditions/restrictions be placed upon the Petitioner: 1. Access point on McCullom Lake Road be for ingress to site only; this shall be a right-in only access to site from McCullom Lake Road; there � shall be no egress to McCullom Lake Road from the site; 2. There shall be a cross-easement agreement approved by the City and in place prior to occupancy of the structures on this property; 3. Access from the abutting property to the south shall be developed prior to occupance permits being issued for the subject property; 4. Trees shall be planted along the west property line; the trees shall be a minimum of 10-12 feet in height; there shall be at least one tree every fifty feet of west property line. Voting Aye: Christensen, Tobeck. Voting Nay: Burr, Lovett, Semrow. Not Voting: None. Abstaining: None. Absent: McClatchey, Swierk. Motion failed to carry 2-3. There will be no recommendation to the City Council with regard to this matter. This hearing was adjourned at 9:12 p.m. Respectfully submitted A -... _ �'(J�/ �'( Harry Se ow, Chairman Zoning Board of Appeals �, c: Agenda,Zoning Buard of Appeals('n,Plan Commission('n,City Adminisuator,Director of Building 8c Zoniag,Public Works,Administration,City Attorney, Engineering Inspector,Petitioneis,Obaervers/Objectors(�,Aldermen Reference Copy,Build'mg 8c Zoning File,Landmark Commission Chairman,Nordiwest Herald,McHenry Staz News,City Clerk File. Z-403 : ' ZONING BOARD OF APPEALS FEBRUARY 19, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) � OF NOTARO HOMES INCORPORATED ) Z-402 FOR A VARIANCE UNDER THE CITY OF ) NOTARO HOMES MCHENRY ZONING ORDINANCE, ) 4303 SIOUX LANE MCHENRY 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 February 19, 1996. Chairman Semrow called the hearing to order at 9:15 p.m. The following persons were in attendance: 1. Zoning Board Members: Tom Burr, Randy Christensen (arrived at 7:50 p.m.), Chuck Lovett, Harry Semrow, Donna Tobeck. Absent: Frank McClatchey, John Swierk. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: Notaro Homes represented by Salvatore Andreacchi, 41 W746 McDonald Road Elgin � Illinois 60123. b. Attomey €or the Petitioner: Peter A P. Sweders Sr, 4113 Stableford Lane, P O Box 5346 Naperville Illinois 60567. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: l. William E. Schwartz Sr, 43 Pine Court Crystal Lake Illinois 60014. 2. 7im Miller, 4310 W Sioux Lane McHenry Illinois 60050. 3. Ron Wagner, 4316 W Sioux Lane McHenry Illinois 60050. 4. Valorie Hobson, 4308 Sioux Lane McHenry Illinois 60050. 5. Jim Kell, 4306 Sioux Lane McHenry Illinois 60050. 6. Kitty Zriny, 614 Lillian St McHenry Illinois 60050. NOTIFICATION Notification of this hearing was published in the Northwest Herald on February 1, 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 Oi'fice of the City Clerk and are on file with regard to this matter. The subject property � was posted as required by ordinance. Page 2 ZBA-Notaro 2/19/96 LOCATION � The subject property is located at 4303 West Sioux Lane McHenry Illinois 60050 and is comprised of approximately 13,747 square feet. SUMMARY The subject property is currendy zoned RM-1 Low Density Multi Family District and is vacant and non- improved. The property is affected by an ordinance adopted in 1967, ordinance #067-36.5. This ordinance limits the subject property in that no more than twenty dwelling units are permitted on the parcel of land (lots 35 thru 45) of which the subject property, Lot 42, is a part. There are cunently 21 dwelling units on the property affected by the 1967 ordinance. The Petitioners are requesdng that the subject property be granted a Variance to permit the construction of a multi-family structure consisting of 4 units upon Lot 42. TESTIMONY Chairman Semrow swore in the following witness for the Petidoners: 1. Salvatore Andreacchi, 41 W746 McDonald Road Elgin Illinois 60123. Attomey Sweders said that the Petitioner is requesting that the City amend the ordinance which was adopted in 1967 which limited the total number of dwelling units on the parcel of property of which Lot 42 is a part. Lot 42 lies right in the middle of the properiy affected by the 1967 ordinance. Lot 42 meets all minimum requirements of the current zoning ordinance with regard to the RM-1 District, which it is classified. Sweders stated that if the 1967 ordinance was not adopted and in place, the � Petitioner would have no reason to come before this Board. He would be able to construct the proposed four-flat on the Lot according to the requirements of the zoning ordinance. Sweders noted that although the 1967 ordinance provides for a maximum of 20 dwelling units on the property affected by the ordinance, there exist 21 dwelling units on this property. Sweders said that when the entire parcel was reclassified in 1967 from single family to multi-family, a condidon of the reclassification was that no more than 20 dwelling units be permitted on the entire parcel. Andreacchi noted that a title search of this lot did not reveal the e�ustence of the 1967 ordinance and its limitations prohibiting any construction on this lot. n�ESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD Semrow stated that the Board has not been provided with a copy of the tide report for the sale of Lot 42. Semrow asked the Petitioner how many dwelling units he would build if the 1967 ordinance were to be amended. Andreacchi said he is proposing a 4-flat. There would be 3 two-bedroom units and 1 one-bedroom unit. The building would be 2 and one half stories high. There would be a garden apartment on the first floor, and two stories above it. The footprint of the building would be 1,247 square feet. Lobaito gave the background of the request before the Board. He stated that the Petitioner had come to him and asked the best way to proceed in order to obtain a permit to build on this lot. The Petitioner was directed to Petition the Zoning Board of Appeals. Ultimately, the City Council will have to make a decision regarding the request for variation to the 1967 ordinance. �. Page 3 ZBA-Notaro 2/19/96 Christensen asked what has changed since 1967. Sweders said the market value has changed. � Christensen asked if it would be possible to recommend a variance to an ordinance which was adopted by the city. McArdle said that this is not stricdy a zoning issue. The reclassification of this property in 1967 was conditioned upon no more than 20 dwelling units being built on the parcel of land which also included Lot 42. What the Petitioner is requesting is a modification of the conditions placed upon that reclassification. �UESTIONS OF THE PETITIONERS BY OBSERVERS/OBJECTORS William Schwartz: Schwartz said he owns the property located at 4301 Sioux Lane. He said there have been previous attempts to modify the 1967 ordinance. There was a hearing in 1979 with regard to this matter. Lobaito said the Board has been provided with minutes of all hearings with regard to the 1967 ordinance, including the 1979 hearing report. � Zriny: Zriny asked what type of housing is the Petitioner planning to erect. Andreacchi said he would build the structure and then offer it for sale and lease. He would not be involved in deciding what type of tenants would be living in it. Jim Miller: Miller said there are apartments on lots on either side of Lot 42. These lots have a driveway access on the sides of their lots. Where would the dumpster be placed on Lot 42. Andreacchi said the dumpster would be placed at the rear of the lot. The parking would also be located at the rear of the building and not in the front yard. Christensen asked what would become of the gravel driveway which belongs to Lot 41 which encroaches on Lot 42. Lobaito said the City does not typically get involved in driveway encroachments. As long as both parties are agreeable to the location of the � driveways, the City would not get involved. The driveway access for the proposed new structure would have an approved hard surface, however, either asphalt or concrete. William Schwartz: Schwartz asked what would be the distance between the proposed new building and the north property line. Andreacchi said approJcimately 15 feet. Valorie Hobson: Hobson asked the dimensions of the proposed building. Andreacchi said it would be 28 feet wide and 43 feet long. Hobson asked the location of the Lot 42 property line in relation to the driveway of Lot 41. Andreacchi said it would be about 20 feet from the south properiy line. Hobson asked how many vehicles could be parked on the property. Andreacchi said there are 7 parking spaces shown on the Site Plan. Hobson asked if there had been a traffic count done on this area and if it had been determined the impact on Sioux Lane of the potential vehicles which would use the street in conjunction with the erection of the building. Andreacchi said there had been no traffic study. Hobson asked the square footage of the building. Andreacchi said it would be 1,247 square feet per floor. Tota1 square footage would be 3,741. Hobson asked what the constcuction of this multi-family building would do to the property values in the neighborhood. Andreacchi said it should increase property value due to the quality of the building he is planning to construct. Jim Miller: Miller asked if the Petidoner was planning to erect the building and sell it. Andreacchi said that is conect. Miller asked the Petitioner if has considered the changes in this neighborhood since the adoption of the orciinance in 1967. � � Page 4 ZBA-Notaro 2/19/96 William Schwartz: Schwartz said the person who sold the Petitioner the lot knew that it could not be � built upon. He had the real estate taxes reduced for that very reason. Ron Wagner: Wagner asked if any consideration had been given to the 2 and one half story structure and what it would do the water table in this area. Snow removal and water flow and drainage are issues that should be looked at as well. Andreacchi said any run-off would run into the drainage ditch in a southerly direction along the railroad tracks. Andreacchi said there would be no problems with snow removal or drainage from the site. Wagner said he would be concerned that the garden apartment might flood due to the high water table in this area. Wagner asked the total square footage of the building. Andreacchi said the square footage being proposed is 3,741 square feet. William Schwartz: Schwartz said the aesthetic value of a three-story building in a residential neighborhood is not good. Does the Petitioner think that this building would look good next to two- story buildings which are already in existence. Semrow asked how many total units were being proposed for the building. Andreacchi said there would be 3 two-bedroom units and 1 one-bedroom unit. Semrow asked how the units would be configwed in the building if the build.ing would only have three floors, including the garden apartment. Andreacchi said that he would erect three total dwelling units: 2 two-bedroom units and 1 one-bedroom unit. Chairman Semrow said the Pedtioner is requesting a variance by the Zoning Board of Appeals for an ordinance which is not contained in the current zoning code book. Semrow expressed concem that acting on the request was not within the purview of the Zoning Board. Semrow said that perhaps the � Pedtioner should be requesting relief from the City Council. The 1967 ordinance referred to in the Petition is not contained within the text of the Zoning Ordinance. CLOSING STATEMENT BY OBJECTORS Chairman Semrow swore in the following Objectors prior to their statements being made before the Board: William Schwartz: "The lot in question was part of my property. The former owner went before the Zoning Board to request the very thing that the Petitioner is here before you tonight. The Zoning Board of Appeals has previously denied requests to increase the density on this property. If a variance is granted, no more than two units should be permitted. I have four units on two and one third lots. If this variance is ganted by the City, it would open up the possibility that all of the property owners in this parcel govemed by the 1967 ordinance could seek additional dwelling units. the density on each lot could then be increased. I don't think anything should be allowed to go in and decrease property values in this area." Ronald Wagner: "The issue of safety is of great concern to me. It's a matter of record that there is great uncertainty as to the number of automobiles which such an apartment building would generate. Sioux Lane is a narrow road; there are no sidewalks. There is a tot playground just down the street from this property. I have significate concerns regarding the safety of children in the area. The number of bedrooms and how many potential people would be housed in this building seems to be in quesdon. There are a lot of issues which come into play. The City fathers established a m�imum of 20 units and � I could not justify adding any more units to this properiy. ' Page 5 ZBA-Notaro 2/19/96 Chairman Semrow said, "there being no further testimony before this Board with regard to this matter, `�: the Board will consider the Petidon at this dme, 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." There was no motion by any member of the Zoning Board of Appeals. DELIBERATION AND RECOMMENDATION Chairman Semrow stated that it was his belief that the Zoning Board has no jurisdicdon and there is no provision in the text of the Zoning Ordinance for the Board to act on this matter. The Board can not grant a variance on an ordinance passed by the City Council in 1967. Chairman Semrow asked members of the Board to express their opinion for the record so that the City Council would be knowledgeable about their sentiments with regard to the Petition. 5emrow said he sympathized with the Petitioner's position. As Mr. Schwartz indicated in his statement, if this variance is granted by the City Council, it would open Pandora's Box to all of the original parcels affected by this 1967 ordinance. Mr. Schwartz owns two of the lots and he could have more units erected on each of those lots. All of the property owners affected by this ordinance could increase the density on their property. Density would get out of hand. Semrow said the Petitioner should seek relief from the people who secured the tide policy. He said he does not believe relief should be granted. Tobeck said that she agrees with Semrow. If the variance is granted it would open the door on other ordinances and other changes. � Lovett said in reading the notes from the 1977 Zoning Board of Appeals meeting, he found that density was the issue back then. In 1967 the ordinance for reclassification was approved, but the density was controlled by the text of that ordinance. He said he does not think a sufficient case has been provided to change the density. Relief should not be granted. MOTION TO ADJOURN Modon by Christensen, seconded by Tobeck to adjoum at 10:39 p.m. Voting Aye: Burr, Christensen, Lovett, Semrow, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: McClatchey, Swierk. Motion carried S-(�. This hearing was adjourned at 10:39 p.m. Respectfully submitted .� �� Harry Se ow, Chairman Zoning Board of Appeals � c: Agenda,Zoning&iard of Appeala('7),Plan Commission('n,City Administrator,Director of Building 8c Zoning,Public Worlcs,Adminiatration,City AUorney, Engineering Iaspector,Pebitioneis,Observets/Objeccors(6),Alctermen Referenoe Copy,Building 8r.Zoning File,Landmark Commisaion C�drman,Northwest Herald,McHenry Staz Newa,City Clerk File. Z-402