HomeMy WebLinkAboutMinutes - 7/10/1995 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JULY 10, 1995
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
�-- �OF LASALLE NATIONAL BANK, AS ) Z-39$
TRUSTEE UNDLR TRUST NO 111830, ) MCHENRY SAVINGS BANK
AND MCHENRY SAVINGS BANK, FOR )
A CONDITIONAL USE PERMIT AND ) CONDITIONAL USE 8c VARIANCE
VARIANCE, PURSUANT TO THE ) OMNI SHOPPING CENTER
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 July 10, 1995. Chairman Semrow called the
hearing to order at 7:32 p.m. The following persons were in attendance:
1. Zoning Board Members: Randy Christensen, Chuck Lovett, Frank McClatchey, Harry Semrow,
Donna Tobeck. Absent: John Swierk.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
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4. Director of Building & Zoning: John A. Lobaito.
5. Petitioner: McHenry Savings Bank represented by Sr. Vice President Wayne Amore, 1209
North Green Street McHenry Illinois 60050.
6. Attorney for the Petitioner: Diamond LeSueur Roth and Associates represented by John Roth,
3431 West Elm Street McHenry Illinois 60050.
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 24, 1995. 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. T'he subject property was posted as required
by ordinance. An Affidavit of Service ascertaining that all notification requirements have been followed
is on file in the office of the City Clerk.
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LOCATION
`- Thc subject propery is located in the northwest comer of the western-most parking lot (which abuts the
Blockbuster Video property to the south)of the Omni Shopping Center, North Richmond Road McHenry
Illinois 60050.
SUMMARY
The Petitioners are requesting that a Conditional Use Permit and Variance be granted on the subject
property to permit the construction and operadon of a drive-up Automated Teller Machine (ATM).
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioner:
1. Wayne Amore, McHenry Savings Bank Sr. Vie President, 1209 North Green Street McHenry
Illinois 60050.
2. Mike Boyd, Rockford Tech Systems Inc., 129 Phelps Avenue, P. O Box 5827 Rockford Illinois
61125.
Attorney Roth stated that the Petitioners are seeking a conditional use permit and a variance to permit
the construction and operation of an ATM in the Omni parking lot. Amore said the building would be
self-contained. All utilities would be accessed to the site underground. The installation of the ATM
would permit electronic banking and would be connected to the cash stadon network. Amore said there
would be stacking space for five vehicles on site as required by ordinance. The installation of the ATM
would eliminate 14 spaces in this parking lot. The parking requirements of the site would still be met
�'' and surpassed.
Attomey Roth went over the Approval Criteria for Conditional Use with Amore.
Witness Boyd stated that he is a representative of Rockford Tech Systems which is a company
specializing in the installation and sales of money network systems (ATMs). He gave an overview of
the type of building in which the ATM would be housed. The structure would be illuminated on all four
sides. The access door for service by bank personnel would be on the rear. The access point for use
by the public would be on the southeast (front) of the structure. The ATM would be fully alarmed and
connected to the Police Department alarm board. There would be a camera which could provide a thirty
day history of users/transactions at the ATM. The canopy would be illuminated on a11 fow sides with
down lighting.
Boyd stated that at other ATMs the usual number of transactions per month is about 7000. He could
not anticipate how many transactions would take place at this particular ATM each month. Amore saxd
he would be happy with 6000 per month. Lobaito said that 6000 transactions per month would average
out to appro�cimately 16 per hour during an average twelve-hour day. Even if each transaction were one
minute, that would mean that 16 minutes of every hour the ATM would be in use. Amore said an
armored car would replenish the cash station on a weekly basis.
OUESTIONS OF THE WITNESS BY MEMBERS OF THE BOARD
McClatchey asked who owns the ATM located inside the Omni store. Amore said St. Paul Federal
`' owns that ATM. McClatchey quesdoned the need for an ATM in the parking Iot when there exists an
ATM inside the Ornni which is open 24 hours each day. Amore said the convenience of the drive-up
facility would make the ATM desirable in this location, even though it is in close proximity to the St.
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ZBA-McHenry Savings Bank
7/10/95
Paul Federal ATht which is located inside of the Omni store.
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Semrow asked how the proposed use would fit in harmoniously with existing uses in the neighborhood.
Would not the proposed ATM be detrimental to the existing ATM on this site? Boyd said there is a
safety factor. When using the drive-up ATM, the patron would not have to leave their car. The drive-
up facility offers the patron the safety of being in their vehicle and a quick getaway should the need
arise. Boyd said that his firm has removed 121obby ATM units within the past year and replaced them
with drive-up units, due to the safety factor. Boyd said patrons seem to prefer the convenience and
safety that a drive-up facility offers. Boyd said it is not that unusual to have more than one ATM on
a given site.
Semrow said that with regard to the alarm system within the unit, under what circumstances would it
be activated? Boyd said that it would be activated if someone tried to penetrate the structure. Semrow
asked if someone were conducting transactions at the ATM, would they be visible from Route 31?
Amore said they would be visible. Amore said that is why this particular location was selected. It is
highly visible from all directions.
Tobeck asked if this ATM would be networked with other ATMs in the area or would it be independent?
If other ATMs are non-operable due to system problems, would this one be up and running? Amore
said there are basically two systems. It's possible that this system could be operational if others were
down.
Lovett asked what is a suitable distance between ATMs. Boyd said that most communities, even small
�`�' villages, have ATMs. There is no set guideline regarding the optimal or usual distance between ATMs.
Lovett asked how the petitioners determined that there would be no detrimental traffic impact due to the
installation of the ATM. Amore said the traffic would not be adversely impacted. The average time
of a transaction if 45 seconds. There is stacking space for five vehicles. Amore said it would be very
seldom that there would be that many vehicles waiting to use the machine. People are generally not that
patient. Typically the patrons would be using this facility because they have additional business
elsewhere in the shopping center. There should be no additional traffic generated by the ATM. Lovett
asked if there were uses later on which would require additional parking, would the elimination of
fourteen spaces at this time be detrimental to that? Lobaito said that would be addressed at the dme that
another use would be introduced to the property. For instance, if a restaurant or deli were to go into
the shopping center, they would be required to provide parking spaces according to the ordinance. At
this time, as far as the existing uses are concerned, there is more than enough parking on this site.
Semrow asked if there is ample lighting in this area of the parking lot. Amore said that all four side
of the structure would be illuminated. He stated that he believes there may be a light standard in this
parking lot as well. Lobaito said the Board could make adequate lighting a condition which would need
to be addressed. Staff could make sure that the site is amply lit.
Lovett said that with regard to maintenance of the structure, how would this be accomplished. Amore
said there is a maintenance person for all McHenry Savings Bank facilities who would make sure that
the structure would be properly maintained. All facilities are monitored on a daily basis. Lobaito asked
who would own tbe building? Amore said the bank would own the building, but they are leasing the
�"' space on the lot on which the building would be located. They currendy have a five-year lease with a
five year option. Amore said that the bank is leasing only the portion of the lot on which the ATM is
situated as well as the stacking area for the ATM.
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Semrow asked how the facility would be located in relationship to Blockbuster Video in proximity to
`— Raute 31. Amore said the ATM would be located much closer to Route 31 than the Blockbuster Video
building. Semrow asked if the petitioners could install a curb in order to keep patrons within the traffic
access lane for use of the facility. Amore said that would make it impossible for maintenance such as
snow plowing.
Christensen asked if the bank was responsible for maintenance of this parking lot. Amore said that is
correct. Any maintenance such as snow plowing, blacktop repair, etc. would be the responsibility of
the bank. Christensen asked if the Petitioner had looked at other locations in this general area. Amore
said the proposed location is the best one due to the good visibility from all directions and the way in
which that increases the safety factor for potential patrons. Also, there is no berm along Route 31,
which adds to the safety of patrons as well.
Discussion ensued regarding whether or not there was a need on behalf of the petitioner to seek a
variance. It was the consensus that a variance was required as this would constitute a second principal
use and building on the subject property.
Attomey Roth asked the Board to consider the testimony as stated within the petition reference the
petition for variance. Roth went over the Approval Criteria for Variances.
Semrow asked what is the zoning district for the subject property. Roth said it is C-3. Semrow asked
if there are other ATMs located in the C-3 District in town. Amore said there is at least one, located
in the McHenry Market Place Shopping Center.
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For the record, Tobeck disclosed that she utilizes McHenry Savings Bank for all of her banking needs
and would seek assurance from the Ciry Attomey that there is no possible conflict of interest. McArdle
sated there is no conflict of interest. Tobeck may vote on any motion regarding this petition before the
Board.
Ci [1CiN[T CTATFMFNT BY PETITIONER
Attarney Roth stated that the concems regarding the location of the ATM on this site in close proximity
to the ATM inside of the Omni Store have been addressed. The installation of the drive-up ATM at this
location would be a positive addition for the community. Patrons using the facility who come from the
north would not have to go all of the way into town to bank at McHenry Savings Bank main facility.
Roth asked that the Board recommend the approval of the Conditional Use Pernut and the Variance as
requested by the petitioners. The appropriate Approval Criteria have been met. All safety factors have
been addressed.
Chairman Semrow 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 Board.
There being no inotion to recess, the Chair will entertain a motion with regard to this Petition."
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7/10/95
DELIBERATION AND RECOMMENDATION
`— tiiotion by McClatchey, seconded by Lovett to recommend to the City Council that
the Petitioners' request to grant a Conditional Use Permit and Variance on the subject property
to permit the construction and operation of a drive-up ATM be granted; that the Approval
Criteria for Conditional Use, Table 31, pages 357-358 of the Zoning Ordinance, have been met;
that the Approval Criteria for Variances, Table 32,pages 377-378, of the Zoning Ordinance have
been met; and that the granting of this request be subject to the following conditions:
1. the parking lot lighting be addressed by staff; specifically, the parking lot in which the
proposed ATM would be located;
2. the accessway to the ATM be unidirectional from the south to the north, in order to
assure proper stacking space within the parking lot. It shall be the responsibility of the
pedtioner to assure that traffic direction is delineated on the pavement.
Voting Aye: Christensen, Lovett, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Swierk.
Motion carried 5-0.
GENERAL DISCUSSION - OTHFR MATTERS
Discussion ensued regarding the manner in which to proceed with the East of the River Anne�tion
Zoning Petitions. It was the consensus of those present that the City prepare a public hearing notice for
``'' the ZBA for the entire parcel to be annexed. All abutting property owners contiguous to the entire
parcel would be nodfied in one mailing. The Board would attempt to hear as many petidons on each
evening as possible. Hearings would be held the first and third Monday of each month until such time
as all petitions have been heard. The hearings would begin at 7 p.m. An agenda would be posted prior
to each hearing to notify all of which specific petitions would be heard on any given night.
ADJOURNMENT
Motion by McClatchey, seconded by Christensen to adjourn the hearing.
Voting Aye: Christensen, Lovett, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent; Swierk.
Motion carried 5-(►. This hearing was adjourned at 9:05 p.m.
Respectfully sub 'tted
�r.lccl�
Harry Se ow, Chairman
Zoning Board of Appeals
c: Agenda, Z��ning Board of Appeals (7), Plan Commission (7), City Administrator, Director of
Building & Zoning, Public Works, Administration, City Attomey, City Engineers, Aldermen
�' Reference Copy, Building& Zoning Zoning File, Landmark Commission Chairman, Northwest
Herald, City Clerk File.
Z-398