HomeMy WebLinkAboutMinutes - 11/21/1994 - Zoning Board of Appeals r� �� _,
ZONING BOARD OF APPEALS
NOVEMBER 21, 1994
CITY OF MCHENRY
`.. IN THE MATTER OF THE APPLICATION )
OF LASALLE NATIONAL TRUST N.A., AS } Z-388(2)
SUCCESSOR TRUSTEE OF TRUST NO. ) LASALLE NATIONAL TRUST 10-18539-08
10-18539-08, FOR A MAP AMENDMENT, ) FRANK RICKRICH
PURSUANT TO THE ZONING ORDINANCE ) PIN #09-23-300-010
OF THE CITY OF MCHENRY, MCHENRY ) RECLASSIFICATION TO C-5
COUNTY, ILLINOIS. ) UPON ANNEXATION
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 21, 1994. Chairman Semrow
called the hearing to order at 7:38 p.m. The following persons were in attendance:
l. Zoning Board Members: Randy Christensen, Emil Kleemann, Chuck Lovett, Frank
McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk.
2. Attomey for Zoning Board: David McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
5. Petitioners: LaSa11e Nadonal Trust N.A. as Successor Trustee of Trust No. 10-18539-08
� represented by Attorney Guy Youman.
6. Attorney for the Petitioner: Rupp & Youman, represented by Guy Youman, 4302-C West
Crystal Lake Road, McHenry Illinois 60050.
7. City Council Members: None.
8. Court Reporter: None.
9. Observers/Objectors:
1. Ed & Ethel Blake, I408 North Millstream Drive, McHenry Illinois 60050.
2. Anton Rebel, 4009 Maple Avenue, McHenry Illinois 60050.
NOTIFICATION
Notificatian 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 regazd to this
matter. All abutting property owners were notified of the hearing via certified mailing and the
subject property was posted as required by ordinance. An affidavit of service as to all of the
above requuements is on file in the office of the City Clerk.
LOCATION
The subject property is located west of Route 31, north of McCullom Lake Road and is not
presently contained within the corporate boundary of the City of McHenry. The Property Index
Numbers are 09-23-300-010 and is comprised of appro�mately 10 acres.
� SUMMARY
`- The Pedtioners are requesting that the subject property be reclassified from its current zoning of
A-1 pursuant to the McHenry County Zoning Ordinance ta C-5 Highway Commercial District
pursuant to the C'ity of McHenry Zomng Ordinance, upon annexation to the City of McHenry.
Page 2
ZBA-LaSalle/Ric}�ich
11/21/94
� TESTIMONY
Attomey Youman stated that on behalf of the Petitioners he is requesting that the subject property
be classified C-5 Highway Commercial upon annexadon to the City of McHenry. Youman sasd
that this Board at its hearing of November 14, 1994, recommended approval of reclassification to
C-5 of a11 properties surrounding the subject property. It would appear to be consistent with those
recommendations to consider classification to C-5 for the subject property as well. As stated on
November 14, the Comprehensive Plan designates this area as commercial hub. The requested C-5
zoning is consistent with the Plan.
Semrow said that for the record this parcel is very sma11, 10 acres. This is rather insignificant
compared to the larger adjacent parcels which were before this Board for consideration on
November 14, 1994. Semrow noted that the subject property is surrounded on three sides (north,
west and south) by property which was recommended for C-5 reclassification on November 14.
The property is abutted on the east side by the state right of way. Across state Route 31, is one
of the parcels which was considered for approval of GS zoning on November 14 as well.
Youman stated that there is currently a petition for annexation filed with the City Clerk with
regard to this matter. This matter will be brought before the City Council on November 30, 1994,
along with all parcels discussed and considered on November 14, 1994.
Christensen asked if the state right of way, FAP 420, abuts this property. McArdle said the state
did not condemn any portion of this property for the purpose of taking for FAP 420. Christensen
asked if a11 abutting property owners were notified of these proceedings. McArdle said they have
been notified.
� Chairman Semrow said, "there being nothing fiurther before this Board with regard to this matter,
the Board will consider this Petition at this dme, unless there is a motion to recess by a member
of the Board. There being no modon to recess, the Chair will entertain a motion with regard to
this Petition."
DELIBERATIOIy AND RECOMMENDATION
Motion by McClatchey, seconded by Lovett to recommend to the City Council that
the Petitioners' request that the subject property be reclassified from A-1 pursuant to the
McHenry County Zoning Ordinance to GS Highway Commercial pursuant to the City of
McHenry Zoning Ordinance, upon annexation to the City of McHenry, be granted; and that
Table 33, The Approval Criteria for Zoning Amendments, page 401 of the Zoning
Ordinance, has been met.
Voting Aye: Christensen, Kleemann, Lovett, McClatchey, Semrow.
Voting Nay: Tobeck.
Not Voting: None.
Abstaining: None.
Absent: Sw ierk.
Motion carried 5-1.
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Page 3
ZBA-LaSalle/Ric l�rich
11/21/94
�� ADJOURNMENT
There being nothing further with regard to this matter before this Board, Chairman Semrow called
for a modon to adjourn.
Motion by Christensen, seconded by McClatchey to adjourn this hearing at 7:55 p.m.
Voting Aye: Christensen, Kleemann, Lovett, McClatchey, Semrow, Tobeck.
Voting Nay: None.
Not Vodng: None.
Abstauung: None.
Absent: Swierk.
Modon camed 6-0.
Respectfully submitted,
� ��L'�Le, �
Harry mrow, Chairman
Zo ' oard of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director
� of Building & Zoning, Public Works Administradon, City Attomey, City Engineers,
Aldermen Reference Copy, Petitioner's Attomey, Observers/Objectors (2), Building &
Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File.
Z-388(2)
NOTE:
THIS MATTER WILL BE BROUGHT BEFORE THE
CITY C�UNCIL ON
WEDNESDA�
NOVEMBER 30, 1994
7:30 P.M.
CITY COUNCIL CHA1ViBERS
�