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HomeMy WebLinkAboutMinutes - 11/28/1994 - Zoning Board of Appeals ZONING BOARD OF APPEALS � NOVEMBER 28, 1994 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) OF THE MCHENRY STATE BANK FOR A ) Z-387 MAP AMENDMENT AND VARIANCE, ) MCHENRY STATE BANK PURSUANT TO THE ZONING ORDINANCE ) 3512 & 3516 WEST PEARL ST OF THE CITY OF MCHENRY, MCHENRY ) MAP AMENDMENT & VARIANCE 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 November 28, 1994. 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, Harry Semrow, John Swierk, Donna Tobeck. Absent: Emil Kleemann, Frank McClatchey. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Katlileen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � S. Petidoner: McHenry State Bank represented by several officers and Attomey William J. Cowlin, Jr. 6. Attomey for the Petidoner: William J. Cowlin Ltd, P.O. Box 1829, Crystal Lake Illinois 60039-1829. 7. City Council Members: None. 8. Court Reporter: None. 9. Observers/Obj ectors: 1. Anton Rebel, 4009 W Maple Avenue McHenry Illinois 60050. 2. Jeff Schaefer, 3505 W Broad Street McHenry Illinois 60050. NOTIFICATION Notification of this hearing was published in the Northwest Herald on November 5, 1994. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. AIl abutting property owners of record have been notified of these proceedings as stated in an affidavit which has been executed and is on file in the office of the City Clerk. LOCATION The property which is the subject of this petition is located at 3512 and 3516 West Pearl Street. SUMMARY The Petidoners are requesting that the property located at 3516 West Pearl Street be reclassified from RS-4 High Density Single Family District to C-4 Downtown Commercial District. The `- Petitioners are requesting that the property located at 3512 and 3516 West Pearl Street be granted a variance as to the landscaping requirements of the Zoning Ordinance in order to eliminate the need for the folluwing: Page 2 ZBA-McHenry State Bank 11/28/94 �' 1) Residential Screening Strip; 2) Parking Screening Strip; 3) Parking Island Strips. TESTIMONY Attorney Cowlin asked Chairman Semrow to swear in the following witnesses for the Petitioners: 1) Edwin J. Becker, 28047 Brandenberg Road, Ingleside Illinois. 2) Kathy Stevens, 506 North Santa Barbara Ln, McHenry Illinois. 3) Greg Smith, 2439 S River Road, McHenry Illinois. 4) Mary Jo Braun, 4222 W Ponca Drive, McHeruy Illinais. 5) Robert Grossman, Associated Planners, 113 1/2 S. Benton St, Woodstock Illinois. b} Linda Oeffling, 47S Weilington Drive, McHenry Illinois. 7) Herbert F. Hamson, 1925 Woodlawn Park, McHenry Illinois. 8) Ormel Prust, 610 North Green Street, McHenry Illinois. Mr. Cowlin presented his first witness, Edwin J. Becker. Mr, Becker is a Senior Vice President with the bank. He is responsible for the investment portfolio and the building and grounds. He stated that McHenry State Bank was established in 1906 as a family-held local institution. It is still locally owned. There are 170 total employees at this time: 140 fulltime; 30 parttime. At the present time there are 125 fulitime employees and 2S parttime employees who work at either the Main Bank Building (3510 West Elm Street) or the Carey Building (1308 N Richmond Road). There is a customer base of 58,0()0 with over 115,000 accounts. Becker indicated that there are presently four facilities owned and operated by the McHenry State Bank: 1) Main Building at the corner of Green & Elm Streets `.. 2) Carey Building at the corner of Richmond & Pearl Streets 3) Weber Building on Crystal Lake Road 4) Remote facility in Johnsburg. Becker said that the bank is always looking for new locations in which to expand. There are plans for more facilities. However, none of the locations under consideration at this time is contiguous to the Main Bank locadon. Becker gave a breakdown on the services which are provided at each existing facility. Attorney Cowlin submitted Petitioner's Exhibit "C" which depicts a portion of the Sidwell on which is highlighted the current bank holdings in the downtown district of the City. Becker stated that the McHenry State Bank (MSB) paid over $200,000 in property taxes this year on all of its holdings which are within the city limrts. Becker said that the MSB is seeking to change the zoning on the property located at 3516 West Pearl from RS-4 (Residential) to C-4 (Commercial). Additionally, the bank is seeking a variance as to the landscaping requirements for both 3512 and 3516 West Pearl Street. Becker said that if the proposed parking lot which would be installed across both of these lots is permitted, it would result in an enlarged parking lot for employee parking. There is cunendy a parking lot in place on the property located at 3512 West Pearl Street. The proposal is to expand this lot. Attorney Cowlin submitted Petitioner's Exhibit "D", a Plat of Survey of 3512 and 3516 West Pearl Street, for which the Petitioner is seeking the variance as to landscape requirements. Cowlin submitted Petitioner's Exhibit "E", a Plat of Survey of 3516 West Pearl Street, for which the Petitioner is seeking reclassification from RS-4 to C-4. �-" Becker stated that the existing parking lot located at 3512 West Pearl Street has 42 parking spaces. The proposed enlargement would provide 36 spaces. There would be a net loss of two spaces for passage between the two lots. The total number of spaces for the proposed combined parking area would be 76. Becker said that the bank is requesting the rezoning to commercial in order to gain Page 3 ZBA-McHenry State Bank 11/28/94 �-- 36 parking spaces. Attorney Cowlin submitted Petitioner's Exhibit "F", a site plan indicating the propased landscaping improvements for the both lots. Becker explained the requirements of the zoning ordinance regarding landscaping for parking lots. He said that the ordinance provides for a residential screening strip when a use (parking lot) abuts a residential district. This screening strip shall be between 5 and 7 feet in height with a minimum opacity of 50%. The Petitioners could put in 5-6 foot hedges or a 6 foot fence and this would have to be installed on the west, north and east property lines. Also required would be a parking screerung strip on the south property line. This parking screening strip would include a minimum 2 foot berm and plantings for a total minimum height of 3.5 feet. A ma�cimum of 15 parking spaces are permitted between parking island strips. Becker said that the bank is seeking a variance as to the 6 foot fence or hedge which is required for the residential screening strip and the berm, because of the safety factor of bank employees entering a parking lot after hours which would be shielded from view from the street and adjacent properties. Becker said there is much concern on the part of bank employees about entering a parking lot in which a 6 foot hedge has been planted or a 6 foot privacy fence has been installed. Becker said that if the parking lot is expanded, no existing trees or shrubs would be removed. There would be 7 additional trees planted in the front and side property lines. There would be other plantings and shrubs planted as well. Becker said that there are currently 86 spaces available on bank property in the immediate vicinity of these two facilities. The bank has purchased permits for 18 spaces in city-owned lots at either Court Street or Crreen Street. 5ome employees park off-site at either of these city lots. Becker said that there were over 75,000 combined transacdons during the month of October at the Carey � and Main bank buildings. Becker noted that the city lost 6 parking spaces in front of the main building along Elm Street when the State improved Route 120 to five lanes. Becker said that many employees leave work after dark. The hours of operation are 7:30 a.m, until 7 p.m. on Fridays; 7:30 a.m. until 5 p.m. weekdays. Becker said there would be no overnight parking pemutted on the parking lot. �UESTIONS OF THE WITNE S 3Y MEMBERS OF THF BO R� Chnstensen asked how many spaces there are for customers between the two sites where the Carey Building and the Main Bank Building are located. Prust said there are approximately 60 spaces between the two parking areas. Christensen asked if all of these spaces are typically filled. Prust said that on the third of the month, the fifteenth of the month, Saturdays and Friday evenings, there are generally no available customer parking spaces available. They are usually all filled during these times. Becker said there are approximately 40 spaces (including 4 which are handicapped accessible) at the Main Bank site, and approximately 20 spaces (including 2 which are handicapped accessible) at the Carey Building site. Christensen asked if these spaces included the already discussed employee parking available. Becker said they do not. Christensen asked if the Bank is considering expanding with buildings on either 3512 or 3516 West Pearl Street. Becker said the bank is proposing parking lot only for those two lots. Christensen asked about the existing parking lot lights at 3512 West Pearl Street: are these lights illuminated at all times? Becker said that the bank was asked by the previous residents abutting on the east to leave the lights illuminated all night for security reasons. Christensen asked if the bank has grounds security available. Becker said there is none. Christensen said that with regard to the variance being requested as to the landscaping requirements, where is the snow removed to at this dme. Becker said the snow is pushed to the north. Generally, two or three times during the snow season, it is totally removed from the premises. � Semrow asked when the contractor comes onto the site to remove the snow. Becker said the lots must be cleaned hy 7:30 a.m. The contractor begins removal at approximately 6-6:30 a.m., during off-business hours. Page 4 ZBA-McHenry State Bank 11/28/94 `- Lovett asked how many fulltime employees work out of the Main Bank Building and the Carey Building. Becker said approximately 120 employees work out of these locations. With the proposed expanded parking lot there would be room for all fulltime employees at these two locations to park. Semrow asked if the expanded parking lot would be assigned parking. Becker said it would be on a first come, first served basis. There would be no assigned parking. However, it is important to note that any handicapped employees would be permitted to park in spaces adjacent to the facilities where they work. Attomey McArdle asked the Petitioner to clarify which parcel is seeking the variance. Cowlin said the vanance is being requested for both parcels (3512 and 3516 West Pearl Street). McArdle asked specifically which parcel is the rezoning request for. Cowlin said the rezoning request is solely for 3516 West Pearl Street. 3512 West Pearl Street is already zoned C-4. Swierk asked if both lots would remain in the elcisting shapes, or would there be a re-subdivision pracess. McArdle said the parcels would remain in their present configwation. Lovett asked what accommodations are provided for employees who can not find into the exisdng employee parking lots. Becker said that MSB leases 18 city parking lot spaces. In addition, the bank has recendy conceded to allow some employees to park in customer parking spaces. Christensen asked if the variance was being requested for both properties. Becker said that is correct. TESTIMONY Attomey Cowlin asked Kathy Stevens to testify on behalf of the bank at this time. Stevens is the � Assistant Head Teller at the bank. Stevens stated that she has on occasion parked in the municipal parking lot located on Court Street. She has had two hood ornaments stolen from her vehicles while they were parking in this lot. Stevens said that due to her posidon, she is generally the last one out of the building. It is often dark when she leaves work to go to the municipal lot. In addition, during winter, there are slippery spots on the public walk along Green Street which makes pedestrian travel dangerous. There is no safe way to get to the municipal lots from the bank facilides, whether it be the Carey Building or the Main Bank Bu�lding. In response to a question by Attomey Cowlin, Stevens said that she would feel safer parking in the proposed expanded parking lot if there were no 6 foot hedge or privacy fence installed to block view from the street of those who are entering the parking lot. If there were no hedge or fence, the parking lot and all acdon goir�g on there, would be visible from the Carey Building. 4UESTIONS OF T WITNE BY MEMBER,S OF THE BO Rn Chnstensen asked if Stevens worked at the Main Bank Building. Stevens said she works at the Main Bank and sometimes at the Carey Building. Christensen asked if Stevens could also park on site, rather than in one of the leased municipal parking spaces. Stevens said that parking on premises depends on who amves at work first. Christensen asked if there are currently employees who must park off-site on the municipal lots. Stevens said that is correct. There is no designated parking. TESTIMONY Attomey Cowlin asked Greg Smith to testify on behalf of the MSB. Smith stated that he is a general contractor and owner of the G & S Construction business. G & S has been contracted for snow removal at the MSB. Smith said that the hours of snow removal at the bank would not be specific. The snow removal takes place on an as-need basis. As soon as there is one inch of snow on the ground, he calls out his crew for snow removal. Ideally, if the snowfall is during `- the nighttime hours, he gets his crew on the site by 6-6:30 a.m, so that all lots will be cleared by 7:30 a.m. [n response to a question by Cowlin, Smith said that parking islands on the proposed site would inhibit his snow removal operations. The islands make snow removal more difficult and costly to him and the Bank. The islands become damaged by the plows, and the Page 5 ZBA-McHenry State Bank 11/28/94 `- plantings and sod die from all of the salt used to melt snow and ice on the lots. In addition, snow blows off of the islands when the wind picks up and additional plowing is necessary. Islands contribute to the icing problems in parking lots. The smaller the parking lot, the more the maneuverability is lessened by parking islands. With larger lots such as those in shopping centers, islands are not a problem and actually help with directing traffic. Attorney Cowlin asked Mary Jo Braun to testify. Braun is a parttime teller at the MSB. Braun stated that she has many times parked in municipal lots south of Route 120. She said that crossing Route 120 is an ordeal. In addition to the traffic hazard, there is the rudeness of some motorists who do no make it easy for her to cross the highway. Braun said that she agreed by the testimony given with regard to the safety of the employees in the proposed lot. She said she would feel more safe using that lot if there were no hedges or fence constructed. Braun said she would sometimes park in that lot. She works at all four facilities from time to time. Attomey Cowlin asked Robert Grossman to tesdfy. Grossman is a planner with Associated Planners located in Woodstock. He provided his experience and background for the Board. Cowlin asked Grossman if the proposed parking lot is in consort with the Comprehensive Plan for the City of McHenry. Grossman said the Comprehensive Plan is a general plan, it is not site specific. the downtown area is not specifically designated as to which address is in the down#own district. 1'he city has a general plan only. Grossman said that Pearl Street is a collector street and provides a means of access for moving around the central business district. As such it would be appropriate to have a parking lot off of the collector street. It would appear to be in harmony with the Plan. It was the intent of this Plan to develop Main Street, Green Street and Riverside Drive as old town commercial district. The bank acts as a stabilizing institution in the downtown business district. The bank is an anchor for the Green Street business district. This business �. district needs parking to make it work. Grossman said that additional parking wi11 help to retain existing draws by freeing up already existing spaces in the municipal lots. Since the bank will no longer be occupymg those leased spaces, there will be more space available for the general public. Grossman said that if the parking lot is not expanded, it could hinder keeping the bank in this downtown district. Grossman said that if the parking lot expansion is granted, there would be less employee pedestrian traffic crossing Route 120. OUESTIONS OF THE WITNES$ By MEMBER OF THE BOA D Chnstensen asked if it could be that the Comprehensive Plan designated no parking in the Pearl Street area because the area is basically residential. Grossman explained how he felt the proposed use as a parking lot would be compatible with the residential dwellings in the area. The parking lot would actually act as a buffer with the residents abutting it on the north. Grossman said this is a neighborhood which is in transition. He described how it would be better for the plan if the disirict boundaries were actually at the rear lots rather than on the street curbs. In other words, if the commercial district were to end at the north property lines of the properties on Pearl Street rather than on the Pearl Street right of way line, this would better suit all properties concemed. Then there would be commercial properties facing commercial properties, rather than residential properties facing commercial properties across Pearl Street. Christensen asked if the Comprehensive Plan anywhere states that the C-4 district could or should be expanded. Grossman said the Plan states that the retail mix should be expanded. Semrow asked if the Plan defines Pearl Street as a collector street. Grossman said it is a collector street. Attomey Cowlin went over the Approval Criteria for Zoning Amendments as stated in the Petition with Grossman. Cowlin submitted Petitioners Exhibit "G", a xerox copy of a page of the plat book which indicates the zoning of sunounding properties. Cowlin went over the approval Criteria � for Variances as stated in the Petition. Swierk asked how many city development plans or comprehensive plans are site specific. Grossman said not very many are site specific. They are usually general. Page 6 ZBA-McHenry State Bank 11/28/94 `-- Swierk asked Grossman if it would be good planning pracdce to put in landscape strips, parking islands, and parking screening strips when a more intense use abuts residentially zoned property. Grossman said it is not always necessary. Swierk asked Grossman if he somedmes works with developers during the planning stages so as to prevent on-site parking shortfall as was the case with the bank? Grrossman said that he sometimes works wi#h developers during the planning of expansions. Christensen wanted to know if the candle power of the parking lot lights was increased, would it alleviate some of the fears of the bank employees who would use the lot. Would that satisfy the concerns of the women as to the lot being unsafe after dark, and perhaps allow for some screening along the perimeter of the parking lot? Grossman said the hedge or fence would still present a safety factor, even with the lot illuminated. Semrow said there could be safety with the enclosure of the lot. He asked if the existing parking lot has parking island strips. Grossman said it does not. Semrow asked the purpose of the islands in a parking lot. Grossman said it would be to add green space so that it would not be just a sea of asphalt. It serves mainly an aesthedc purpose. Semrow asked if anyone else would benefit by the rezoning of 3516 West Pearl Street other than the bank and its employees. Grossman said mainly the ba.nk wauld benefit. There would be very little benefit to anyone other than the bank. Lovett said the Site Plan shows a parking lot without islands and no screening strips, in other words, it depicts the site as it would appear if the variance were granted. Is there a site plan which would conform to the requirements of the ordinance with regard to landscaping? Cowlin said there is not. Lovett asked how many spaces would be eliminated if the variance were not granted. Grossman said there would be a loss of from 4 to 6 spaces. � Swierk said that the parking spaces which were removed by the state along Route 120 are irrelevant to this discussion. Those spaces did not belong to the bank. Losing those spaces really has no relevance to this hearing. Swierk explained that it is his belief that the C-4 District should not be expanded. Swierk asked if parking was not discussed or planned for during the planning stages of the recent expansion of bank facilities. Semrow asked if the parking lot located at 3512 West Pearl Street was installed as part of the recent bank expansion project. Becker said it was installed at the conclusion af the construction of the Carey Building. Becker said that the bank did not anticipate that McHenry would grow so rapidly. Swierk explained his philosophy regarding the C-4 district. Swierk asked Grossman if it would be good planning practice to expand the C-4 Downtown District. Grossman said the Plan calls for expansion of retail mix. Lovett said with reference to the Plan, "creating retail development" in his mind does not mean creating a parking lot. A parking lot does not constitute retail development. Swierk asked if the bank parking lot would be open for use by the public. Becker said anytime the employees are not using the lot, it would be open for public use. TESTIMONY Attomey Cowlin asked Linda Oeffling to testify on behalf of the bank. Oeffling is an Assistant Vice President, officer in charge of Community Reinvestment Activities (CRA). Oeffling pravided an overview of MSB loan department and services provided to the community, the city and its residents. The bank encourages employees to be active in the community. The bank donates money to McHenry commumty chantable groups and organizations, parqcularly not for profit orgasuzations within the city. � Cowlin submitteci Petitioner's Exhibit "H", a sample letter which was sent to all McHenry Shores area residents offering low interest fmancing for sewer unprovements to qualified homeowners. Cowlin submitted Peddoners Exhibit "I", a list of community activities which officers and other Page 7 ZBA-McHenry State Bank 11/28/94 `- employees are involved in or hold office in, which depicts the strong community involvement of the bank and its employees. Cowlin submitted Petitioner's Exhibit "J", a list of 1993 year end contributions by the McHenry State Bank to charitable organizations within the city. Cowlin submitted Petitioner's Exhibit "K", a collage of community reinvestment activities. 4UESTIONS OF THE WITNES BY MFMBERS OF THE BOARD Chnstensen asked where Oeffling parked her vehicle. Oeffling said that right now she rides with someone who has permission to park on premises. Semrow asked if she had ever parked in the Pearl Street lot; had she encountered any threatening situations. Oeffling said she would rather have traffic which is moving on the street be able to see into the lot rather than having the lot screened with a 6 foot fence or a 2 foot berm with plantings. Cowlin asked Oeffling what would be her reaction if the lot were enclosed as required by ordinance. Oeffling said she would be more comfortable with an open area. Chairman Semrow called for a 10 minute recess at 10 p.m. The hearing reconvened at 10:10 p.m. with all still in attendance. TESTIMONY Attomey Cowlin asked Herbert Harrision to testify for the bank at this time. Harrision is a real estate appraiser and land use consultant. He is also a licensed real estate broker. He is self- employed. Cowlin asked if properties usually sell for what Mr. Harrision appraises them out at. Hamsion said that usually within 2 - 2 1/2 % up or down from the appraisal value is the norm. Harrision has viewed the properiy which is the subject of this petition. He stated that the soils are good for drainage and building construction. The value of the property located at 3516 West Pearl Street with its current zoning of RS-4 is $1.50/per square foot (FCMV). The FCMV for � this same property with its proposed C-4 zoning if used as a parking lot would be $6.50-$7.50/per square foot. Without the variadons it would limit the marketability so that the FCMV would be $6.30/per square foot. Semrow asked if this were zoned C-4 but not used as a parking lot, what would be the FCMV. Harrison said that he looked at the property only as if used as a parking lot. Harrison said the berm could present a hazard to users of the lot. Harrision said the highest and best use for this property would be to have C-4 zoning with no screening being required. Cowlin submitted Petitioner's Exhibits "L", "M", and "N", 8" X 10" photographs of rear yard of properties abutting the subject properties to the north. QUESTIONS OF THE WITNES BY MEMBER OF THE BO D Lovett asked if there would be financial impact on the marketing value of abutting properties. Harrison said it would be no detrimental impact on the abutting properties. Cowlin submitted Pedtioner's E�chibit "O", a 1974 aerial of this part of town. Swierk asked if the proposed C-4 zoning with the use as a parking lot would be the highest and best use for this property. He said that he would prefer to see the property located at 3516 West Pearl Street zoned C-2, with a conditional use to allow for a principal use as a parking lot. Harrison said that he believed that the use as a parking lot was the highest and best use for this property, provided the variance is granted. Attomey Cowlin went over the Approval Criteria for Map amendment with witness Harrison. Cowlin then went over the Approval Criteria for variations with witness Harrison. Harrison said that zoning district boundaries should be back to back (rear lot line to rear lot line) rather than street frontage to street frontage (front property line to front property line). � Lovett asked if Harrison believed that the expansion of the parking lot would or would not impair the values of abutting properties. Harrison said it would not have a detrimental impact on abutting properties. Page 8 ZBA-McHenry State Bank 11/28/94 `— McArdle asked the Petitioner to provide the document number for the vacated alley which is shown on the plats of survey of these two properties. Cowlin said he will provide the document number to the city. S2UE5TIONS BY OBSERVER Jeff Schaefer: Swierk asked Schaefer if he is currendy under any contract negotiations with the MSB to sell his home to the bank. Schaefer said he is not. Semrow asked Schaefer if since purchasing his home in 1991, has he experienced any difficulties or any discomfort or interivption of his peace and quiet in the neighborhood due to the bank parking lot. Schaefer said that because there is no berm at the front of the eacisting parking lot, vehicles headlights shine into his home through his sliding glass doors each time a vehicle leaves the drive through facility of the Carey Building. These lights shine direcdy into his home as vehicles make their turn, either east or west, out of the drive through exit. Schaefer said there are some trees along his rear property line, but they are on his property. There is no screening on the north property line of the bank property. Schaefer said that last winter when the snow piled up on the north property line, he had some relief from the headlights shining into his home. He asked if the bank wouid remove the snow from the site this year. The presence of the large snow piles actually helps to screen the headlights. Semrow asked the hours that Schae�er endured lights shining into his house. Schaefer said during standard time, it would be approximately from 5 p.m. to 7 p.m.. Semrow asked if the lights were intermittent. Schaefer said its continuous every day from 5 to 7 p.m. Schaefer suggested that the bank install a lower hedge to help with the screening from headlights, perhaps a four foot hedge. He said he is not asking that the bank be required to install a fence. Tobeck asked if Schaefer had a problem when the snow melted; did he have a drainage problem? � Schaefer said he had no problem with ponding water. Schaefer said there is one parking lot light which is constantly flickering and he asked if the bank could repair it. Schaefer asked if there were any plans for the residence which the bank owns to the east of the existing parking lot. Becker said there are no plans. The residence, which is ramped, is being used at the present time by a handicapped resident. Cowlin asked Schaefer if a vehicle is exiting the Carey drive through, when they tum onto Pearl Street, is that the point at which their lights are shining into your home? Schaefer said that is correct. Cowlin asked if when cars turn on their headlights in the existing parking lot, do these lights shine into Mr. Schaefer's home? Schaefer said they do not. Lovett said that paragraph 9(e)(2) on page 7 of the Petitioner's Application for Variation states that there are other properties in the same zoning district which do not have screening strips. Lovett asked Cowlin to name some locations of that he is speaking about. Cowlin said he is not swe which properties were improved as a parking lot before or after the adoption of the current zoning ordinance, so he could not provide specific locations. CLOSING STATEMENT BY PETITIONER Cowlin said that the Bank has met all the requirements set forth by the Zoning Ordinance. The bank employees have testified as to their safety concems. There is a need for more parking in this area. The bank is the largest employer in the downtown district. All approval Criteria have been met. Mr. Schaefer seems to be amenable to a lower hedge to be used for residential screening of the parking lot. Cowlin said he would ask the Board to consider a11 of the tesdmony which has been presented on behalf of the bank as well as each of the Elchibits (A through O) which have been submitted for review. The Petitioner asks the Board to make a favorable `— recommendation to the City Council on behalf of the McHenry State Bank. Swierk said that his biggest concern is the requested C-4 Zoning being requested by the bank. C-4 Zoning is meant for the existing downtown area. If the City zones this lot C-4, the bank Page 9 ZBA-McHenry State Bank 11/28/94 �-- could come in at any time and put up a building with a 0 lot line, two stories high. They could build lot line to line, and provide no parking, and they would be within the requirements of the ordinance. The bank could reconsider and request C-2 zoning with a conditional use to permit the parking lot as a principal use. With regard to the variance, 40 cars in a parking lot provides a lot of room for someone to hide among the vehicles. Landscaping is not really the concem. It is true, there is really a need for a parking lot in this area, but Swierk disagrees with the granting of C-4 zoning fur this parcel. Semrow said that people hiding between and in cars in this parking lot could be a very real concem. Semrow suggested that women should be escorted to their vehicles. Walking alone in a parking lot is a scary thing, no matter who you are, male or female. Tobeck said she had concerns regarding safety. It is easy to become scared in a large parking lot. There should be some iandscaping to provide some type of screening for the abutting residents. The ba.nk could install a 2 foot or three foot hedge which would adequately block headlights. They do not need total relief from the requirements of the ordinance as far as landscaping is concerned. Chairman Semrow said, "there being nothing further before this Board with regard to this matter, the Board will consider the Petition 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." DELIBERATION AND RE OMMENDATION Motion by Swierk, seconded by Christensen to recommend to the City Council that �.., the Petitioner's request to reclassify the property located at 3516 West Pearl Street from RS-4 High Density Single Family Residential District to C-4 Downtown Commercial District be granted; and that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the Zoning Ordinance, has been met. Voting Aye: None. Voting Nay: Christensen, Lovett, Semrow, Swierk, Tobeck. Not Voting: None. Abstaining: Nane. Absent: Kleemann, McClatchey. Motion failed 0-5. There will be no recommendation to the City Council with regard to this matter. Motion by Swierk, seconded by Christensen to recommend to the City Council that the Petitioner's request for a variance as to the landscaping requirements of the Zoning Ordinance in order to eliminate the need for the following: 1) Residential Screening Strip; 2) Parking Screening Strip; 3) Parking Island Strips. be granteci; and that the Approval Criteria for Variances, Table 32, pages 377-378 of the Zomng Ordinance, has been met. Voting Aye: None. `-- Voting Nay: Christensen, Lovett, Semrow, Swierk, Tobeck. Not Voting: Nc�ne. Abstaining: Nane. Absent: Kleemann, McClatchey. Page 10 ZBA-McHenry State Bank 11/28/94 `- Modon failed 0-5. There will be no recommendation to the City Council with regard to this matter. ADJQURNMENT Chauman Semrow said there being nothing further before this Board with regard to this matter, this hearing is adjourned at 11:30 p.m. Respectfully submitted, / L29� Harry Se w, Chairman Zoning B d of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works Administration, City Attomey, City Engineers, Aldermen Reference Copy, Petitioner's Attomey, Observers/Objectors (2), Building & Zoning 2oning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-3$7 � �. ZONING BOARD OF APPEALS � NOVEMBER 28, 1994 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) OF THE CITY OF MCHENRY, AN ) Z-389 ILLINOIS MUNICIPAL CORPORATION, ) CITY OF MCHENRY FOR A TEXT AMENDMENT, PURSUANT ) TEXT AMENDMENT TO THE ZONING ORDINANCE ) C-4 ZONING DISTRICT 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-capdoned petition was held on November 28, 1994. Chairman Semrow called the hearing to order at 11:30 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, dohn Swierk, Donna Tobeck. Absent: Emil Kleemann, Frank McClatchey. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. L 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito. 6. Attomey for the Petitioner: Zukowski Rogers Flood & McArdle tepresented by David McArdle, 50 North Virginia St Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: None. 9. Observers/Objectors: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on November 12, 1994. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. SUMMARY The Petitioners are requesting that the Text of the Zoning Ordinance be amended to restore the C-4 Zoning District, with its permitted and conditional uses, as it was prior to December 1993. � Page 2 ZBA-City of McHenry � 11/2/8/94 ADJOURNMENT Due ta the lateness of the hour, Chairman Semrow recessed this hearing until 7:00 p.m. MONDAY, DECEMBER 5, 1994 MCHENRY MUNICIPAL CENTER CITY COUNCIL CHAMBERS with the same agenda. This hearing was recessed at 11:35 p.m. Respectfully sub � ed, + . 1 � Harry e ow, Chairman Zoning B d of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works Administradon, City Attorney, City Engineers, �.. Aldermen Reference Copy, Petitioner's Attomey, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-389 `.. ZONING BOARD OF APPEALS � NOVEMBER 28, 1994 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) OF THE CITY OF MCHENRY, AN ) Z-389 ILLINOIS MUNICIPAL CORPORATION, ) CITY OF MCHENRY FOR A TEXT AMENDMENT, PURSUANT ) TEXT AMENDMENT TO THE ZONING ORDINANCE ) C-4 ZONING DISTRICT 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 November 28, 1994. Chairman Semrow called the hearing to order at 11:30 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Emil Kleemann, Frank McClatchey. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito. 6. Attorney for the Petidoner: Zukowski Rogers Flood & McArdle represented by David McArdle, 50 North Virginia St Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: None. 9. Observers/Objectors: None. NOTIFICATION Notification of this hearing was published in the Northwest Herald on November 12, 1994. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. SUMMARY The Petidoners are requesting that the Text of the Zoning Ordinance be amended to restore the C-4 Zoning District, with its permitted and conditional uses, as it was prior to December 1993. � Page 2 ZBA-City of McHenry � 11/2/8/94 ADJOURNMENT Due to the lateness of the hour, Chairman Semrow recessed this hearing until 7:00 p.m. MONDAY, DECEMBER 5, 1994 MCHENRY MUNICIPAL CENTER CITY COUNCIL CHAMBERS with the same agenda. This hearing was recessed at 11:35 p.m. Respectfully sub ' ed, / / �1� Harry e ow, Chairman Zoning B d of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works Administration, City Attorney, City Engineers, `. Aldermen Reference Copy, Petidoner's Attorney, Building 8i Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-389 `.. ZONING BOARD OF APPEALS � NOVEMBER 28, 1994 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) OF THE CITY OF MCHENRY, AN ) Z-389 ILLINOIS MUNICIPAL CORPORATION, ) CITY OF MCHENRY FOR A TEXT AMENDMENT, PURSUANT ) TEXT AMENDMENT TO THE ZONING ORDINANCE ) C-4 ZONING DISTRICT OF THE C1TY 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 November 28, 1994. Chairman Sem�row called the hearing to order at 11:30 p.m. The following persons were in attendance: 1. Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, John Swierk, Donna Tobeck. Absent: Emil Kleemann, Frank McClatchey. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioner: City of McHenry represented by Director of Building & Zoning Lobaito. 6. Attorney for the Peddoner: Zukowski Rogers Flood & McArdle represented by David McArdle, 50 North Virginia St Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: None. 9. Observers/Objectors: None. NOTIFICATION Notificadon of this hearing was published in the Northwest Herald on November 12, 1994. The Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this matter. SUMMARY The Petitioners are requesting that the Text of the Zoning Ordinance be amended to restore the C-4 Zoning District, with its permitted and conditional uses, as it was prior to December 1993. � Page 2 ZBA-City of McHenry \.. 11/2/8/94 ADJO RNMENT Due to the lateness of the hour, Chairman Semrow recessed this hearing until 7:00 p.m. MONDAY, DECEMBER 5, 1994 MCHENRY MUNICIPAL CENTER CITY COUNCIL CHAMBERS with the same agenda. This hearing was recessed at 11:35 P.m. . Respectfully sub ' ed, -�113i.�� , Harry e ow, Chairman Zoning B d of Appeals c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director of Building & Zoning, Public Works Administration, City Attorney, City Engineers, � Aldermen Reference Copy, Petitioner's Attorney, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Z-389 �