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HomeMy WebLinkAboutMinutes - 1/15/1996 - Zoning Board of Appeals ' � ZONING BOARD OF APPEALS JANUARY 15, 1996 CITY OF MCHENRY IN THE MATTER 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 MCHFNRY, 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. Vice Chairman Tobeck called the hearing to orcter at 7:35 p.m. The following persons were in attendance: 1. Zoning Baard Members: Randy Christensen, Frank McClatchey, John Swierk, D►onna Tobeck. Absent: Tom Burr, Chuck Lovett, Harry Semrow. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. L 5. Pedtioner: Jiffy Lube Intemational represented by the following: Steve Panko, 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 Ind, P O Box 2967, Houston TX 77252. 6. Attorney for the Petitioner: None. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: 1. Georgene Taylor, 3610 Cornell Court, McHenry IL 60050. 2. Curtis Pepe, 3609 Cornell Court, McHenry IL 60050. 3. Karl Rindt, 7401 E Oakwood Dr Wonder Lake IL 60097. 4. Laurie Popp, 4708 Bonner Dr McHenry IL 60050. 5. Bonnie 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 Certificate of Publication is on file in the office of the City Clerk with regard to this matter. Notices were se�it to all abutting properties via certified mailing. However, the return receipt cards have not been filed by the Petitioners. Attomey McArdle advised continuing with the hearing. If the green � Page 2 ZBA-Freund/Jiffy Lube 1/15/96 cards are not file<i by the Petitioners to confirm mailing and receipt of notification to all abutting � property owners, this hearing will be considered null and void. The subject property was posted as requu'ed 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 Vice Chairman Tobeck swore in the following witnesses for the Petitioner: 1. Steve Panko, 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. Tatooles, whose firm will construct the proposed facility, was the first to testify. He stated that there are difficulties with the access to the site. Because of the unique configuration and access difficulties, it would be difficult to get a high value retail user on this site. This site lends itself more to a destination type use rather than an impulse use. Tatooles said the proposed oil change facility would not have a noisy operation which would be detrimental to the abutting residendal neighbors to the west. L, There would be very little generation of noise on the site. There would be no long hours of operation and all work performed on vehicles would be done inside of the building. Tatooles said that with regard to possible ground contamination, there would be no waste oil tanks installed in the ground. The tanks would be self-contained within the building with a nozzle going out the rear of the building. There would be less danger of contamination than in prior days when tanks were installed in the ground. Manor testified next on behalf of the Petitioners. He stated that Jiffy Lube is a drive up type operation. There would be no cars stacked up waiting for service. There would be no ovemight storage of vehicles. Customers would bring their cars in for service, and the process would be complete in 10-15 minutes. Besides changing oil and all other fluids, the attendants would change light bulbs and windshield wiper blades. Manor said Jiffy Lube runs an environmentally-conscious operation. Jiffy Lube is a subsidiary of Pennzoil. The waste oil would be picked up by state licensed haulers. As stated previously, the waste oil tanks would be inside of the building and not in the ground. If there was ever a leak, it would be contained within the basement of the building. Q�i�STIONS OF THE WITNESSES BY MEMBERS OF THF BOARD Christensen asked if the operation included transmission filters replacement. Manor said yes, as transmission fluids could be checked and changed, they might also change the filters. The pan is removed to replace the filter. Christensen asked if Jiffy Lube rotates tires. Manor said not at the present time. Christensen asked if they use air impact tools to remove transmission pans to get at the �, filters. Manor caid no air impact tools are used. They use a socket and ratchet. Christensen asked if they operate the faciliry with the doors open. Manor said in the summer the doors would most likely be open. During cooler weather the doors would Page 3 ZBA-Freund/Jiffy Lube 1/15/96 be closed. � Swierk asked if th�property of the McHenry Grounds, the development to the immediate south of the subject property, is owned by the same people. Tatooles, said the development to the south is owned by Olympia lnvestments, the same corporation which has a contract pending on the subject property. Panko said becausc; there is a common owner, the development would be treated with the same type of building construction, landscaping, etc., so that it would give the appearance of one large shopping center. The building would be of concrete block construction. The properties would be connected with access drives. Swierk said if the traffic study which was included in the packet included projected tra�c created by this development. Tatooles said all traffic counts included the subject property being developed, although the specific type of development was not known at the time the study was done. Christensen said there is no impact shown on the traffic study regarding Mccullom Lake Road. Tatooles said that is correct. Christensen expressed concern regarding the impact on the two traffic lanes which would be stacking in front of the right-in right-out entrance to this property along McCullom Lake Road. Christensen asked if the developers would be required to put in screening from the residential properties to the west. Lobaito said that is correct. Christensen asked if the drive at the rear of the building would provide an accessway to the shopping center to the immediate south of this project. Christensen noted that it would be a much easier route for trucks entering the site than trying to wind their way through the other two entrances along Route 31. Tatooles said the access to the subject property at McCullom Lake Road will be a right-in right-out only access. Trucks would not be able to turn left from `, McCullom Lake Road into this property. Lobaito said there has been much discussion with staff regarding the access to this site and the access to the development immediately to the south as well. Illinois Department of Transportation (IDOT) has helped to limit the points of access so there is no access directly from Route 31 to this lot. After much discussion with staff regarding this issue, the proposal before the Board this evening represents the best option that the staff could find to cause as little impact on elcisting iraffic at this site as possible. Lobaito said that the southernmost access to the shopping center would be lined up with the Target access drive and would ultimately have a traffic signal when wananted by the state. Christensen asked if there would be a turn lane. Lobaito said he is not sure at this dme if there would be a tum lane. Discussion ensued regarding the possibility of adding onto the existing building to the immediate south rather than constructing an independent building on the subject lot. It was the consensus that nothing would be gained hy doing so, other than making more of the parking visible from the street at the intersection. Swierk asked if a traffic signal is warranted by the state who pays for its installation. Lobaito said there are a number of ways in which it could be paid for. Swierk asked if ten percent of the parking area must be landscaped. Lobaito said that is correct. Swierk asked if the site plan before the Board complies with that requirement. Lobaito said that the developer would have to meet that minimum prior to permit issuance. Swierk asked the hows of operation of the oil change facility. Manor said the typical hows of operation � are as follows: 8 am - 6 pm Monday through Saturday (winter months) 8 am - 7 or 8 pm Monday through Saturday (summer months) 10 am - 4 pm Sunday. Page 4 ZBA-Freund/Jiffy Lube 1/15/96 Swierk asked if th� service bays would be shared by the cellular telephone facility. Tatooles said they � would not. They would each have their own facility. Tobeck asked how many service bays the cellular telephone facility would have. Tatooles said there would only be one bay. Panko said that typical hours of operation would be that the telephone facility would be open no later than S pm da.ily. Swierk asked where the storm water would drain to from the site. Tatooles said all calculations with regard to retention of the entire site have been done. Drainage will be piped to the retention site across the street at the east of Target. There would be no open ditch drainage. McArdle asked who holds tide to the subject property at this time. Tatooles said the Freunds hold title. There is a contract pending with Olympia lnvestments to purchase pending the Use Variance being granted. McArdle asked who is the contract purchaser. Tatooles said the contract purchaser is Olympia Investments. McArdle asked who owns the development immediately to the south of the subject properiy (the shopping center). Tatooles said Olympia lnvestments owns and is developing the shopping center to the south. McArdle asked if there was enough stacking room contained on the site for the three service bays. Manor said that typically 50-b0 cars per day are serviced. There is adequate stacking room. Tatooles said there would appear to be room for 12 vehicles to stack on site. Swierk suggested limiting the access drive to the rear (along the west side) of the building so that access could not be obtained to the shopping center to the south. Tatooles said he would prefer to keep that open so that if there is a wait when someone enters the site, and they decide to leave and come back later, they would still have that option. If you close off the rear access way so that you cannot proceed around the building to the south, they would not be able to "get out of line". Tatooles suggested making �, the rear access drive one way only (north to south). This would a11ow more stacking area. Discussion followed regarding the possibility of the one-way access at the rear of the building. It was the consensus to make the access way one-way to the south and to nanow the mouth of the access drive to discourage two-way violators at this point. Christensen asked if the exit from the site onto McC�llom Lake Road was necessary. He would prefer to have no exit onto McCullom Lake Road as it may cause problems with the two stacking lanes (one for tuming left onto Route 31; one for going east on McCullom Lake Road or South on Route 31) on McCullom Lake Road. Lobaito said this site has been analyzed with the result being the proposal which is cunendy before this Board. Christensen said the City should prohibit this exit onto McCullom Lake Road and have only a right-in entrance at this point. OUESTIONS BY OBSERVERS/OBJECTORS Curtis Pene: What is the distance from the proposed McCullom Lake Road entrance to the traffic light? Lobaito said 229 feet. Pepe asked how the service bays are cleaned if there is an oil spill. Manor said they are mopped with water and detergent. Pepe asked if the basernent is sealed in any way. Manor said it would be water tight. Tatooles said when the basement is installed it needs to be a dry environment. A plastic sealant is used around the footings which forms a rubber water stop. There are also drain tiles and pumps. Manor said if there would be an oil spill, oil does not migrate like gasoline would in the soil. Pepe asked if there are any Jiffy Lube sites which do rotate tires. Manor said this is a company owned store. There would be no lifts installed to accommodate tire rotation. Pepe asked how many cars could be stacked on the site behind the service bays. Tatooles said 12 cars could be �, stacked on site. Pepe asked if there would be noise and air pollution from the cars who are waiting in line to be serviced. This may cause an exhaust problem for the residents to the west of this property. Manor said that most customers who are waiting in line would tum their car ofif and the tech would � Page 5 ZBA-Freund/Jiffy Lube 1/15/96 move the cars int�� the bay when there is an opening. Pepe said that an oil change facility is a very ,� highly specialized use. If this was a retail store, any retail store could go into the site, if the original tenant failed in his business. What other uses could go into this specialized building if the oil change facility does not make a success of its enterprise. Manor said Jiffy Lube had researched the area extensively and done a demographic survey before selecting this site; he said that he believed the business would be a success. Manor said he has seen other facilities converted and modified to retail establishments, however. Pepe asked that someone explain to him what is meant by "undue hardship" as stated in the Petition. McArdle said it must be proven by the applicants. Geor�ene Tavlor: Will the nine pine trees on the subject property be removed? They are dead halfway up and shed pine needles all over my back yard. Tatooles said that it is possible that the tress could be removed. He would be willing to work with the neighbors on this. Taylor asked what type of fence would be erected. Tatooles said it would be a 6 foot board on board privacy fence. Taylor asked at what point the fence would be erected. Tatooles said in the early phase of construction. CLOSING STATEMENT BY PETITIONE Tatooles said it is the intention of the developers to be good citizens of the community. They intend for this development to be something which the community can be proud of when it is completed. STATEMENT BY OBJECTORS Vice Chairman Tobeck swore in the following prior to statements being made: 1} Curtis Pepe, 3609 Comell Court McHenry Illinois 60050. � Curt Pene: "I am not opposed to responsible development of property. The proposed development of the McHenry Grounds is a low volume retail development. The petitioners are now considering a high volume retail facility. I am not sure this is a suitable use for this property. The City would be setting a precedent by permitting an automobile repair facility within 20 feet of existing residential development. I have been advised by my township assessor that my property appraises out at much less value since the beginning of the construction of the McHenry Grounds project. This project which lower the value of my property." Vice Chairman Tcibeck said, "there being no further testimony before this Board with regard to this matter, the Board will consider this Petition, unless there is a motion to recess by a member of the Boa.rd." MOTION TO RF:,�ESS Motion by Swierk, seconded by Christensen to recess this hearing until Monday, February 5, 1996, 7:30 p.m. and that the following information be submitted for review by the Board at least fifteen da,ys prior to that date: 1) Provide a `urvey of existing trees on the subject property, especially all pine trees; 2) Designate a11 abutting properties on site plan, including location of e�cisting single family residences; 3) Provide elevation drawings for all exterior walls; 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; 5) Provide location of all exterior doors of building on site plan; . Page 6 ZBA-Freund/Jiffy Lube 1/15/96 6) Indicate lo��ation of all service bays, including cellular telephone facility service bay; � 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; 8) Provide lane configuration on site plan showing McCullom Lake Road, both lanes going east, including stacking room; 9) Reduce the mouth of the access drive at rear of development so that two-way traffic is not possible. 10) Provide return recipt cards from certified mailing to all abutting property owners. Voting Aye: Christensen, McClatchey, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Burr, Lovett, Semrow. Motion carried 4-0. ADJOURNMENT Motion by Christensen, seconded by Swierk to adjourn the hearing at 9:22 p.m. Voting Aye: Christensen, McClatchey, Swierk, Tobeck. Vodng Nay: None. � Not Voting: None. Abstaining: None. Absent: Burr, Lovett, Semrow. Modon carried 4-0. This hearing was adjourned at 9:22 p.m. Respectfully submitted �?'�r�� �G,� Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works, Administradon, City Attomey, Engineering Inspector, Petitioners, Observers/Objectors(5),Aldermen Reference Copy,Building&Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, McHenry Star News, City Clerk File. Z-403 �